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9780787970956

The Law of Higher Education, 4th Edition

Kaplin, William A.; Lee, Barbara A. Author

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Based on the fourth edition of The Law of Higher Education—the indispensable guide to law that bears on the provision of higher education—this Student Edition provides an up-to-date reference and guide for coursework in higher education law. It also provides a guide for programs that help prepare higher education administrators for leadership roles.

This important reference is organized into five main parts Perspectives and Foundations; The College and Its Governing Board and Staff; The College and Its Faculty; The College and Its Students; and The College and the Outside World. Each part includes the sections of the full fourth edition that most relate to student interests and are most suitable for classroom instruction, for example:

  • The evolution and reach of higher education law
  • The governance of higher education
  • Legal planning and dispute resolution
  • The interrelationships between law and policy
  • The college and its employees
  • Faculty employment and tenure
  • Academic freedom
  • Campus issues: student safety, racial and sexual harassment, affirmative action, computer networks, services for international students
  • Student misconduct
  • Freedom of speech, hate speech
  • Student  rights, responsibilities, and activities fees
  • Athletics and Title IX
  • Copyright

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From the Back Cover:

"Just as academia benefits from the understanding and respect of the legal community, so law benefits from the understanding and respect of academia."
—William A. Kaplin and Barbara A. Lee

Based on the fourth edition of The Law of Higher Education—the indispensable guide to law that bears on the provision of higher education—this Student Version provides an up-to-date reference and guide for coursework in higher education law. It also provides a guide for programs that help prepare higher education administrators for leadership roles.

This important reference is organized into five main parts: Perspectives and Foundations; The College and Its Governing Board and Staff; The College and Its Faculty; The College and Its Students; and The College and the Outside World. Each part includes the sections of the full fourth edition that most relate to student interests and are most suitable for classroom instruction, for example:

  • The evolution and reach of higher education law
  • The governance of higher education

  • Legal planning and dispute resolution

  • The interrelationships between law and policy

  • The college and its employees

  • Faculty employment and tenure

  • Academic freedom

  • Campus issues: student safety, racial and sexual harassment, affirmative action, computer networks, services for international students

  • Student misconduct

  • Freedom of speech and hate speech

  • Student rights, responsibilities, and activities fees

  • Athletics and Title IX

  • Copyright

In addition, the book includes a general introduction to the study of higher education law, a glossary of key legal terms, and two appendices for non-law students on the American court system and on how to read court opinions. Each chapter is introduced with an overview of key terms and ideas the students will encounter.

The authors will keep the book up-to-date through a Web site—www.nacua.org/publications/lohe/index.asp—hosted by the National Association of College and University Attorneys (NACUA), Washington, D.C., on which they will post pertinent new developments keyed to the Student Version, as well as to the full fourth edition. The authors have also prepared a volume of teaching materials keyed to the Student Version and an instructor's manual, available to instructors from NACUA.

From the Inside Flap:

Since the 1985 publication of the second edition of The Law of Higher Education, new developments in the courts and in Congress have continued to place campuses under increased scrutiny. In this third edition of William A. Kaplin's indispensable guide to the laws that bear on the conduct of higher education, Kaplin and coauthor Barbara A. Lee provide a revised and up-to-date reference, research source, and practical guide for college administrators, legal counsel, and researchers. This third edition—with fifty percent of the material entirely new—updates the latest major developments in all of the topics covered in the previous edition and offers detailed information on a range of emerging issues including sex discrimination, hate speech, academic freedom in religious institutions, athletic scholarships, animal research, environmental laws, and much more.

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Kaplin, William A.; Lee, Barbara A. Author
Published by Jossey-Bass (2007)
ISBN 10: 0787970956 ISBN 13: 9780787970956
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Book Description Jossey-Bass, 2007. Book Condition: New. Brand New, Unread Copy in Perfect Condition. A+ Customer Service! Summary: Notice to Instructors. Notice of Web Site and Periodic Supplements for the Student Version. Preface. Crosswalk for the Student Version and The Law of Higher Education, 4th Edition. Acknowledgments. The Authors. General Introduction: The Study of Higher Education Law. A. The Universe of Higher Education Law. B. The Governance of Higher Education. C. Sources of Higher Education Law. D. The Legal Relationships Within Institutions of Higher Education. E. The Law/Policy Distinction. F. The U.S. Legal System as It Relates to Higher Education Law. PART ONE: PERSPECTIVES AND FOUNDATIONS. 1 Overview of Higher Education Law. 1.1 How Far the Law Reaches and How Loud It Speaks. 1.2 Evolution of Higher Education Law. 1.3 The Governance of Higher Education. 1.3.1 Basic concepts and distinctions. 1.3.2 Internal governance. 1.3.3 External governance. 1.4 Sources of Higher Education Law. 1.4.1 Overview. 1.4.2 External sources of law. 1.4.2.1 Federal and state constitutions. 1.4.2.2 Statutes. 1.4.2.3 Administrative rules and regulations. 1.4.2.4 State common law. 1.4.2.5 Foreign and international law. 1.4.3 Internal sources of law. 1.4.3.1 Institutional rules and regulations. 1.4.3.2 Institutional contracts. 1.4.3.3 Academic custom and usage. 1.4.4 The role of case law. 1.4.5 Researching case law. 1.5 The Public-Private Dichotomy. 1.5.1 Overview. 1.5.2 The state action doctrine. 1.5.3 Other bases for legal rights in private institutions. 1.6 Religion and the Public-Private Dichotomy. 1.6.1 Overview. 1.6.2 Religious autonomy rights of religious institutions. 1.6.3 Government support for religious institutions. 1.6.4 Religious autonomy rights of individuals in public postsecondary institutions. 1.7 The Relationship Between Law and Policy. 2 Legal Planning and Dispute Resolution. 2.1 Legal Liability. 2.1.1 Overview. 2.1.2 Types of liability. 2.1.3 Agency law. 2.1.4 Enforcement mechanisms. 2.1.5 Remedies for legal violations. 2.1.6 Avoiding legal liability. 2.1.7 Treatment law and preventive law. 2.2 Litigation in the Courts. 2.2.1 Overview. 2.2.2 Judicial (academic) deference. 2.2.3 Managing litigation and the threat of litigation. 2.3 Alternate Dispute Resolution. 2.3.1 Overview. 2.3.2 Types of ADR. 2.3.3 Applications to colleges and universities. PART TWO: THE COLLEGE AND ITS GOVERNING BOARD AND STAFF. 3 The College's Authority and Liability. 3.1 The Question of Authority. 3.1.1 Overview. 3.1.2 Trustee authority. 3.2 Institutional Tort Liability. 3.2.1 Overview. 3.2.2 Negligence. 3.2.2.1 Premises liability. 3.2.2.2 Liability for injuries related to on-campus instruction. 3.2.2.3 Liability for injuries in off-campus courses. 3.2.2.4 Liability for cocurricular and social activities. 3.2.2.5 Student suicide. 3.2.2.6 Liability for injuries related to outreach programs. 3.2.3 Educational malpractice. 3.3 Institutional Contract Liability. 3.4 Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability). 4 The College and Its Employees. 4.1 Overview of Employment Relationships. 4.2 Employment Contracts. 4.2.1 Defining the contract. 4.2.2 The at-will doctrine. 4.3 Collective Bargaining. 4.3.1 Overview. 4.3.2 The public-private dichotomy in collective bargaining. 4.3.3 Collective bargaining and antidiscrimination laws. 4.4 Personal Liability of Employees. 4.4.1 Overview. 4.4.2 Tort liability. 4.4.2.1 Overview. 4.4.2.2 Ne. Bookseller Inventory # ABE_book_new_0787970956

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Book Description Jossey-Bass Inc Pub, 2007. Paperback. Book Condition: Brand New. 4th student edition. 713 pages. 10.00x7.00x1.50 inches. In Stock. Bookseller Inventory # 0787970956

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