William A. Kaplin, Barbara A. Lee, Neal H. Hutchens, Jacob H. Rooksby

The Law of Higher Education, Volume 2, A Comprehensive Guide to Legal Implications of Administrative Decision Making (eBook, ePUB)

• Format: ePub

Produktbeschreibung

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.

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Produktdetails

• Verlag: John Wiley & Sons
• Seitenzahl: 1120
• Erscheinungstermin: 1. April 2019
• Englisch
• ISBN-13: 9781119271888
• Artikelnr.: 56231246

Autorenporträt

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.

Inhaltsangabe

Notice to Instructors v
Notice of Website and Periodic Supplements for The Law of Higher Education
vii
Preface xxi
Acknowledgments xxvii
The Authors xxix
General Introduction: The Study of Higher Education Law xxxiii
A. The Universe of Education Law xxxiii
B. The Governance of Higher Education xxxiv
C. Sources of Higher Education Law xxxv
D. The Legal Relationships Within Institutions of Higher Education xxxvi
E. The Law/Policy Distinction xxxviii
F. The US Legal System as It Relates to Higher Education Law xxxix
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 4
Section 1.2. Evolution of Higher Education Law 9
Section 1.3. The Governance of Higher Education 11
Section 1.4. Sources of Higher Education Law 17
Section 1.5. The Public-Private Dichotomy 26
Section 1.6. Religion and the Public-Private Dichotomy 40
Section 1.7. The Relationship Between Law and Policy 57
2. Legal Planning and Dispute Resolution 61
Section 2.1. Legal Liability 61
Section 2.2. Litigation in the Courts 66
Section 2.3. Alternative Dispute Resolution 75
Section 2.4. Institutional Management of Liability Risk 83
Part Two The College and Its Governing Board and Staff 89
3. The College's Authority and Liability 91
Section 3.1. The Question of Authority 91
Section 3.2. Institutional Tort Liability 96
Section 3.3. Institutional Contract Liability 133
Section 3.4. Institutional Liability for Violating Federal Constitutional
Rights (Section 1983 Liability) 138
4. The College and Its Employees 143
Section 4.1. Overview of Employment Relationships 143
Section 4.2. Employment Contracts 145
Section 4.3. Collective Bargaining 147
Section 4.4. Personal Liability of Employees 162
Section 4.5. Employment Discrimination 178
Section 4.6. Affirmative Action 219
Section 4.7. Application of Nondiscrimination Laws to Religious
Institutions 230
Part Three The College and Its Faculty 241
5. Special Issues in Faculty Employment 243
Section 5.1. Overview 243
Section 5.2. Faculty Contracts 244
Section 5.3. Faculty Collective Bargaining 260
Section 5.4. Application of Nondiscrimination Laws to Faculty Employment
Decisions 266
Section 5.5. Affirmative Action in Faculty Employment Decisions 275
Section 5.6. Standards and Criteria for Faculty Personnel Decisions 279
Section 5.7. Procedures for Faculty Employment Decisions 313
6. Faculty Academic Freedom and Freedom of Expression 337
Section 6.1. General Concepts and Principles 337
Section 6.2. Academic Freedom in Teaching 365
Section 6.3. Academic Freedom in Research and Publication 393
Section 6.4. Academic Freedom in Religious Colleges and Universities 404
Part Four The College And Its Students 407
7. The Student-Institution Relationship 409
Section 7.1. The Legal Status of Students 409
Section 7.2. Admissions 440
Section 7.3. Financial Aid 490
Section 7.4. Student Housing 516
Section 7.5. Campus Computer Networks 535
Section 7.6. Campus Security 551
Section 7.7. Other Support Services 565
Section 7.8. Student Records 571
8. Student Academic Issues 590
Section 8.1. Overview 590
Section 8.2. Grading and Academic Standards 591
Section 8.3. Online Programs 600
Section 8.4. Academic Accommodations for Students with Disabilities 603
Section 8.5. Sexual Harassment of Students by Faculty Members 622
Section 8.6. Academic Dismissals and Other Academic Sanctions 643
9. Student Disciplinary Issues 664
Section 9.1. Disciplinary and Grievance Systems 664
Section 9.2. Disciplinary Rules and Regulations 677
Section 9.3. Procedures for Suspension, Dismissal, and Other Sanctions 684
Section 9.4. Student Protests and Freedom of Speech 702
Section 9.5. Speech Codes and the Problem of Hate Speech 727
10. Rights and Responsibilities of Student Organizations and Their Members
741
Section 10.1. Student Organizations 741
Section 10.2. Fraternities and Sororities 777
Section 10.3. The Student Press 790
Section 10.4. Athletic Teams and Clubs 809
Part Five The College and the Outside World 855
11. The College and Government 857
Section 11.1. Local Government Regulation 857
Section 11.2. State Government Regulation 874
Section 11.3. Federal Government Regulation 889
Section 11.4. Federal Aid-to-Education Programs 901
Section 11.5. Civil Rights Compliance 904
12. The College and External Private Entities 938
Section 12.1. The Education Associations 938
Section 12.2. Business Partners 947
Appendices
A. Constitution of the United States of America: Provisions of Particular
Interest to Postsecondary Education 957
B. The American Court System 963
C. Reading and Analyzing Court Opinions 967
D. Glossary of Legal Terms 971
Bibliography 981
Statute Index 993
Case Index 1003
Subject Index 1029