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Your must-have resource on the law of higher education
Written by recognized experts in the field, the latest edition of The Law of Higher Education, Vol. 2 offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making.
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. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way.
Includes new material since publication of the previous edition
Covers Title IX developments and intellectual property
Explores new protections for gay and transgender students and employees
Delves into free speech rights of faculty and students in public universities
Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom
Part of a 2 volume set
If this book isn't on your shelf, it needs to be.
Auteur
William A. Kaplin is a professor of law at The Catholic University of America, Columbus School of Law. He is the past chair of the Education Law Section of the Association of American Law Schools, the former editor of the Journal of College and University Law, and a former member of the Education Appeal Board of the U.S. Department of Education. He is a contributing editor for Synfax Weekly Report on Critical Issues in Higher Education, editorial board member for the Journal of College and University Law, and a mentor/leader for the biannual Houston Higher Education Law Roundtable; and since 1991 he has been a faculty member/presenter for the Annual National Conference on Law and Higher Education. He has received multiple awards and has been named a fellow of the National Association of College and University Attorneys.
Barbara A. Lee is professor of human resource management at Rutgers University's School of Management and Labor Relations, where she was dean from 2002-2006. Lee conducts research on the impact of legislation and judicial decisions on employment relations policy and practices in academic and business organizations in the U.S. and Western Europe. Her work combines field studies and legal research methodologies and has been published in the Industrial and Labor Relations Review, Industrial Relations, Human Resource Management, the Journal of College and University Law, and the Journal of Higher Education. She is the coauthor of Academics in Court: The Consequences of Faculty Discrimination Litigation, which deals with the effects of discrimination litigation on plaintiffs and employer defendants.
Neal H. Hutchens serves as Professor and Chair in the University of Mississippi School of Education's Department of Higher Education. He previously held a faculty appointment at Penn State University. A key strand of his scholarship is centered on free speech and academic freedom issues in higher education. Hutchens was the 2015 recipient of the William A. Kaplin Award from the Center for Excellence in Higher Education Law and Policy at Stetson University College of Law. He is on the editorial board for The Review of Higher Education and for Education Law & Policy Review and is a member of the authors' committee for West's Education Law Reporter. He also serves on the Litigation Committee for the American Association of University Professors and is a past board member of the Education Law Association.
Jacob H. Rooksby is Dean and Professor in the School of Law at Gonzaga University, where he also holds a joint appointment in the School of Education. Prior to joining Gonzaga, Rooksby was Associate Dean and Associate Professor at Duquesne University School of Law. Rooksby's scholarship lies in two fields: intellectual property law and higher education law. Johns Hopkins University Press published his book, The Branding of the American Mind: How Universities Capture, Manage, and Monetize Intellectual Property and Why It Matters, in 2016. Rooksby writes a regular column for Campus Legal Advisor and has published his work in Harvard Journal of Law & Technology, Yale Journal of Law & Technology, and the Chronicle of Higher Education, among other outlets. Rooksby holds J.D., M.Ed., and Ph.D. degrees from the University of Virginia and an undergraduate degree, summa cum laude, from the College of William & Mary. He formerly practiced law with McGuireWoods LLP and Cohen & Grigsby, P.C.
Résumé
Your must-have resource on the law of higher education
Written by recognized experts in the field, the latest edition of The Law of Higher Education, Vol. 2 offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making.
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. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way.
Contenu
Notice to Instructors v
Notice of Website and Periodic Updates for the Sixth Edition vi
Preface xxix
Acknowledgments xxxix
The Authors xli
Part One Perspectives and Foundations 1
1. Overview of Higher Education Law 3
Section 1.1. How Far the Law Reaches and How Loudly It Speaks 3
Section 1.2. Evolution of Higher Education Law 10
Section 1.3. The Governance of Higher Education 26
Section 1.4. Sources of Higher Education Law 34
Section 1.5. The Public-Private Dichotomy 48
Section 1.6. Religion and the Public-Private Dichotomy 69
Section 1.7. The Relationship Between Law and Policy 95
Selected Annotated Bibliography 101
2. Legal Planning and Dispute Resolution 113
Section 2.1. Legal Liability 113
Section 2.2. Litigation in the Courts 116
Section 2.3. Alternative Dispute Resolution 163
Section 2.4. Legal Services 171
Section 2.5. Institutional Management of Liability Risk 182
Selected Annotated Bibliography 194
Part Two The College and Its Governing Board, Personnel, and Agents 201
3. The College and Its Trustees and Officers 203
Section 3.1. The Question of Authority 203
Section 3.2. Sources and Scope of Authority and Liability 208
Section 3.3. Institutional Tort Liability 228
Section 3.4. Institutional Contract Liability 278
Section 3.5. Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability) 285
Section 3.6. Captive and Affiliated Organizations 297
Selected Annotated Bibliography 307
4. The College and Its Employees 313
Section 4.1. Overview of Employ…