Make sure you have a copy on your bookshelf.
The Law of Higher Education, Fifth Edition, is the most up-to-date and comprehensive reference, research source, and practical legal guide for college and university administrators, campus attorneys, legal counsel, and institutional researchers, addressing all the major legal issues and regulatory developments in higher education.
In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee's clear, cogent, and contextualized legal guide proves more and more indispensable every year.
Over 3,000 new cases related to higher education have been decided since the publication of the previous edition, and scores of changes to higher education law are made each year. Every section of the fifth edition contains new material, including those related to:
* Hate speech and free speech rights of faculty in public universities
* Sharing of research with international colleagues
* Intellectual property and peer-to-peer file sharing
* Student suicide
* Campus safety
* Police and administrators' right to search students' residence hall rooms
* Governmental support for religious institutions and religious autonomy rights of individual public institutions
* Collective bargaining and antidiscrimination laws
* Nondiscrimination and affirmative action in employment, admissions, and financial aid
* Family and Medical Leave Act and workers' compensation
* FERPA (Family Educational Rights and Privacy Act)
Rezensionen / Stimmen
[ The Law of Higher Education] transcends the law an important enough topic in itself to be essential reading for anyone interested in understanding the complexities of organizing and managing American Higher Education Institutions. The Journal of Higher Education
Auflage
Sprache
Verlagsort
Zielgruppe
Maße
Höhe: 33.5 cm
Breite: 25.5 cm
Dicke: 14 cm
Gewicht
ISBN-13
978-1-118-03201-5 (9781118032015)
Schweitzer Klassifikation
WILLIAM A. KAPLIN is professor of law emeritus at The Catholic University of America, Washington, DC, where he also served as special counsel to the Office of General Counsel. He is now senior fellow at the Center for Excellence in Higher Education Law and Policy, Stetson University College of Law.
BARBARA A. LEE is professor of human resource management at Rutgers University's School of Management and Labor Relations and of counsel to the law firm of Edwards Wildman Palmer. An attorney, she teaches employment law and higher education law.
Notice to Instructors
Notice of Web Site and Periodic Supplements
Preface
Acknowledgments
The Authors
PART ONE: PERSPECTIVES AND FOUNDATIONS
1 Overview of Higher Education Law
Section 1.1. How Far the Law Reaches and How Loudly It Speaks
Section 1.2. Evolution of Higher Education Law
Section 1.3. The Governance of Higher Education
Section 1.4. Sources of Higher Education Law
Section 1.5. The Public-Private Dichotomy
Section 1.6. Religion and the Public-Private Dichotomy
Section 1.7. The Relationship Between Law and Policy
Selected Annotated Bibliography
2 Legal Planning and Dispute Resolution
Section 2.1. Legal Liability
Section 2.2. Litigation in the Courts
Section 2.3. Alternative Dispute Resolution
Section 2.4. Legal Services
Section 2.5. Institutional Management of Liability Risk
Selected Annotated Bibliography
PART TWO: THE COLLEGE AND ITS GOVERNING BOARD, PERSONNEL, AND AGENTS
3 The College and Its Trustees and Officers
Section 3.1. The Question of Authority
Section 3.2. Sources and Scope of Authority and Liability
Section 3.3. Institutional Tort Liability
Section 3.4. Institutional Contract Liability
Section 3.5. Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability)
Section 3.6. Captive and Affiliated Organizations
Selected Annotated Bibliography
4 The College and Its Employees
Section 4.1. Overview of Employment Relationships
Section 4.2. Pre-hire Considerations
Section 4.3. Employment Contracts
Section 4.4. Civil Service Rules
Section 4.5. Collective Bargaining
Section 4.6. Other Employee Protections
Section 4.7. Personal Liability of Employees
Section 4.8. Performance Management Issues
Selected Annotated Bibliography
5 Nondiscrimination and Affirmative Action in Employment
Section 5.1. The Interplay of Statutes, Regulations, and Constitutional Protections
Section 5.2. Sources of Law
Section 5.3. The Protected Classes
Section 5.4. Affirmative Action
Section 5.5. Application of Nondiscrimination Laws to Religious Institutions
Selected Annotated Bibliography
PART THREE: THE COLLEGE AND ITS FACULTY
6 Faculty Employment Issues
Section 6.1. Overview
Section 6.2. Faculty Contracts
Section 6.3. Faculty Collective Bargaining
Section 6.4. Application of Nondiscrimination Laws to Faculty Employment Decisions
Section 6.5. Affirmative Action in Faculty Employment Decisions
Section 6.6. Standards and Criteria for Faculty Personnel Decisions
Section 6.7. Procedures for Faculty Employment Decisions
Section 6.8. Closure, Merger, and Reduction in Force
Selected Annotated Bibliography
7 Faculty Academic Freedom and Freedom of Expression
Section 7.1. General Concepts and Principles
Section 7.2. Academic Freedom in Teaching
Section 7.3. Academic Freedom in Research and Publication
Section 7.4. Academic Freedom in Institutional Affairs
Section 7.5. Academic Freedom in Private Life
Section 7.6. Administrators' Authority Regarding Faculty Academic Freedom and Freedom of Expression
Section 7.7. Protection of Confidential Academic Information: The "Academic Freedom Privilege"
Section 7.8. Academic Freedom in Religious Colleges and Universities
Selected Annotated Bibliography
PART FOUR: THE COLLEGE AND ITS STUDENTS
8 The Student-Institution Relationship
Section 8.1. The Legal Status of Students
Section 8.2. Admissions
Section 8.3. Financial Aid
Section 8.4. Student Housing
Section 8.5. Campus Computer Networks
Section 8.6. Campus Security
Section 8.7. Other Support Services
Section 8.8 Student Records
Selected Annotated Bibliography
9 Student Academic Issues
Section 9.1. Overview
Section 9.2. Grading and Academic Standards
Section 9.3. Online Programs
Section 9.4. Academic Accommodations for Students with Disabilities.
Section 9.5. Sexual Harassment of Students by Faculty Members
Section 9.6. Academic Dismissals and Other Academic Sanctions
Section 9.7. Degree Revocation
Selected Annotated Bibliography
10 Student Disciplinary Issues
Section 10.1. Disciplinary and Grievance Systems
Section 10.2. Disciplinary Rules and Regulations
Section 10.3. Procedures for Suspension, Dismissal, and Other Sanctions
Section 10.4. Student Protests and Freedom of Speech
Section 10.5. Speech Codes and the Problem of Hate Speech
Selected Annotated Bibliography
11 Rights and Responsibilities of Student Organizations and Their Members
Section 11.1. Student Organizations
Section 11.2. Fraternities and Sororities
Section 11.3. The Student Press
Section 11.4. Athletic Teams and Clubs
Selected Annotated Bibliography
PART FIVE: THE COLLEGE AND LOCAL, STATE, AND FEDERAL GOVERNMENTS
12 Local Governments and the Local Community
Section 12.1. General Principles
Section 12.2. Zoning and Land Use Regulation
Section 12.3. Local Government Taxation
Section 12.4. Student Voting in the Community
Section 12.5. Relations with Local Police
Section 12.6. Community Access to the College's Campus
Section 12.7. Community Activities of Faculty Members and Students
Selected Annotated Bibliography
13 The College and the State Government
Section 13.1. Overview
Section 13.2. State Provision of Public Postsecondary Education
Section 13.3. State Chartering and Licensure of Private Postsecondary Institutions
Section 13.4. State Regulation of Out-of-State Institutions and Programs
Section 13.5. Other State Regulatory Laws Affecting Postsecondary Education Programs
Selected Annotated Bibliography
14 The College and the Federal Government
Section 14.1. Federal Constitutional Powers over Education
Section 14.2. Federal Regulation of Postsecondary Education
Section 14.3. Federal Taxation of Postsecondary Education
Section 14.4. Federal Aid-to-Education Programs
Section 14.5. Civil Rights Compliance
Section 14.6. Dealing with the Federal Government
Selected Annotated Bibliography
15 The College and the Education Associations
Section 15.1. Overview of the Education Associations
Section 15.2. Applicable Legal Principles
Section 15.3. The College and the Accrediting Agencies
Section 15.4. Athletic Associations and Conferences
Selected Annotated Bibliography
16 The College and the Business and Industrial Community
Section 16.1. The Contract Context for College Business Transactions
Section 16.2. The College as Purchaser
Section 16.3. The College as Seller and Competitor
Section 16.4. The College as Research Collaborator and Partner
Selected Annotated Bibliography
Indexes
