Law of Higher Education

ISBN-10: 0787970956
ISBN-13: 9780787970956
Edition: 4th 2007 (Student Manual, Study Guide, etc.)
List price: $96.00 Buy it from $0.69 Rent it from $20.90
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Description: 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.  More...

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Book details

List price: $96.00
Edition: 4th
Copyright year: 2007
Publisher: John Wiley & Sons, Incorporated
Publication date: 7/20/2007
Binding: Paperback
Pages: 748
Size: 7.00" wide x 10.00" long x 1.50" tall
Weight: 3.168
Language: English

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

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
The Universe of Higher Education Law
The Governance of Higher Education
Sources of Higher Education Law
The Legal Relationships Within Institutions of Higher Education
The Law/Policy Distinction
The U.S. Legal System as It Relates to Higher Education Law
Perspectives and Foundations
Overview of Higher Education Law
How Far the Law Reaches and How Loud It Speaks
Evolution of Higher Education Law
The Governance of Higher Education
Basic concepts and distinctions
Internal governance
External governance
Sources of Higher Education Law
Overview
External sources of law
Federal and state constitutions
Statutes
Administrative rules and regulations
State common law
Foreign and international law
Internal sources of law
Institutional rules and regulations
Institutional contracts
Academic custom and usage
The role of case law
Researching case law
The Public-Private Dichotomy
Overview
The state action doctrine
Other bases for legal rights in private institutions
Religion and the Public-Private Dichotomy
Overview
Religious autonomy rights of religious institutions
Government support for religious institutions
Religious autonomy rights of individuals in public postsecondary institutions
The Relationship Between Law and Policy
Legal Planning and Dispute Resolution
Legal Liability
Overview
Types of liability
Agency law
Enforcement mechanisms
Remedies for legal violations
Avoiding legal liability
Treatment law and preventive law
Litigation in the Courts
Overview
Judicial (academic) deference
Managing litigation and the threat of litigation
Alternate Dispute Resolution
Overview
Types of ADR
Applications to colleges and universities
The College and Its Governing Board and Staff
The College's Authority and Liability
The Question of Authority
Overview
Trustee authority
Institutional Tort Liability
Overview
Negligence
Premises liability
Liability for injuries related to on-campus instruction
Liability for injuries in off-campus courses
Liability for cocurricular and social activities
Student suicide
Liability for injuries related to outreach programs
Educational malpractice
Institutional Contract Liability
Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability)
The College and Its Employees
Overview of Employment Relationships
Employment Contracts
Defining the contract
The at-will doctrine
Collective Bargaining
Overview
The public-private dichotomy in collective bargaining
Collective bargaining and antidiscrimination laws
Personal Liability of Employees
Overview
Tort liability
Overview
Negligence
Contract liability
Constitutional liability (personal liability under Section 1983)
Qualified immunity
Issues on the merits: State-created dangers
Employment Discrimination
Overview: The interplay of statutes, regulations, and constitutional protections
Sources of law
Title VII
Equal Pay Act
Title IX
Section 1981
Americans With Disabilities Act and Rehabilitation Act of 1973
Age Discrimination in Employment Act
Constitutional prohibitions against employment discrimination
Executive Orders 11246 and 11375
State law prohibitions on sexual orientation discrimination
Affirmative Action
Overview
Affirmative action under Title VII
Affirmative action under the equal protection clause
Application of Nondiscrimination Laws to Religious Institutions
The College and Its Faculty
Special Issues in Faculty Employment
Overview
Faculty Contracts
Overview
Academic custom and usage
Part-time faculty
Contracts in religious institutions
Faculty Collective Bargaining
Application of Nondiscrimination Laws to Faculty Employment Decisions
Overview
Judicial deference and remedies for tenure denial
Affirmative Action in Faculty Employment Decisions
Standards and Criteria for Faculty Personnel Decisions
General principles
Terminations of tenure for cause
Procedures for Faculty Employment Decisions
General principles
The public faculty member's right to constitutional due process
Nonrenewal of contracts
Denial of tenure
Termination of tenure
The private faculty member's procedural rights
Faculty Academic Freedom and Freedom of Expression
General Concepts and Principles
Faculty freedom of expression in general
Academic freedom: Basic concepts and distinctions
Professional versus legal concepts of academic freedom
The foundational constitutional law cases
External versus internal restraints on academic freedom
"Institutional" academic freedom
Academic Freedom in Teaching
In general
The classroom
Grading
Private institutions
Academic Freedom in Research and Publication
Academic Freedom in Religious Colleges and Universities
The College and Its Students
The Student/Institution Relationship
The Legal Status of Students
Overview
The age of majority
The contractual rights of students
Student academic freedom
Students' legal relationships with other students
Admissions
Basic legal requirements
Arbitrariness
The contract theory
The principle of nondiscrimination
Race
Sex
Disability
Immigration status
Affirmative action programs
Readmission
Financial Aid
General principles
Federal programs
Nondiscrimination
Affirmative action in financial aid programs
Student Housing
Housing regulations
Searches and seizures
Campus Computer Networks
Freedom of speech
Liability issues
Campus Security
Security officers
Protecting students against violent crime
Federal statues and campus security
Other Support Services
Overview
Services for students with disabilities
Services for international students
Rights and Responsibilities of Individual Students
Disciplinary and Grievance Systems
Overview
Establishment of systems
Codes of student conduct
Judicial systems
Disciplinary Rules and Regulations
Overview
Public institutions
Private institutions
Disciplining students with psychiatric illnesses
Grades, Credits, and Degrees
Overview
Awarding of grades and degrees
Sexual harassment of students by faculty members
Evaluating students with disabilities
Overview
The concept of disability
Notice and documentation of disabilities
Requests for programmatic or instructional accommodations
Procedures for Suspension, Dismissal, and Other Sanctions
Overview
Public institutions: Disciplinary sanctions
Notice
Hearing
Public institutions: Academic sanctions
Private institutions
Student Protests and Freedom of Speech
Student free speech in general
The "public forum" concept
Regulation of student protest
Prior approval of protest activities
Posters and leaflets
Protests in the classroom
Speech Codes and the Problem of Hate Speech
Hate speech and the campus
The case law on hate speech and speech codes
Guidelines for dealing with hate speech on campus
Student Files and Records
Family Educational Rights and Privacy Act (FERPA)
State law
Rights and Responsibilities of Student Organizations and Their Members
Student Organizations
The right to organize
The right not to join, or associate, or subsidize
Mandatory student activities fees
Principle of nondiscrimination
Religious activities
Fraternities and Sororities
Overview
Institutional recognition and regulation of fraternal organizations
Institutional liability for the acts of fraternal organizations
The Student Press
General principles
Mandatory student fee allocations to student publications
Permissible scope of institutional regulation
Obscenity
Libel
Obscenity and libel in private institutions
Athletics Teams and Clubs
General principles
Athletes' due process rights
Athletes' freedom of speech
Pertinent statutory law
Athletic scholarships
Sex discrimination
Discrimination on the basis of disability
Drug testing
Tort liability for athletic injuries
The College and the Outside World
The College and Government
Local Government Regulation
Overview of local government regulation
Trespass statutes and ordinances, and related campus regulations
State Government Regulation
Overview
State provision of public postsecondary education
State chartering and licensure of private postsecondary institutions
Federal Government Regulation
Overview of federal constitutional powers over education
Overview of federal regulation of postsecondary education
Regulation of intellectual properly
Copyright law
Federal Aid-to-Education Programs
Functions and history
Legal structure of federal aid programs
Civil Rights Compliance
General considerations
Title VI
Title IX
Section 504
Coverage of unintentional discriminatory acts
The College and External Private Entities
Education Associations
Overview of the education associations
Accrediting agencies
Athletic associations and conferences
Business Partners
Research collaboration
The research agreement
Appendices
Constitution of the United States of America: Provisions of Particular Interest to Postsecondary Education
The American Court System
Reading and Analyzing Court Opinions
Glossary of Legal Terms
Bibliography
Statute Index
Case Index
Subject Index

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