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| Notice of Web Site and Periodic Supplements | |
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| Preface | |
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| Acknowledgments | |
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| About the Authors | |
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| Perspectives And Foundations | |
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| Overview of Higher Education Law | |
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| The Governance of Higher Education | |
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| Basic concepts and distinctions | |
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| External governance | |
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| Sources of Higher Education Law | |
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| External sources of law | |
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| The Public-Private Dichotomy | |
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| The state action doctrine | |
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| Religion and the Public-Private Dichotomy | |
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| Governmental support for religious institutions | |
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| Religious autonomy rights of individuals in public postsecondary institutions | |
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| Selected Annotated | |
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| Bibliography | |
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| Legal Planning and Dispute Resolution | |
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| Litigation in the Courts | |
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| Judicial (academic) deference | |
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| Institutional Management of Liability Risk | |
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| Overview and suggestions | |
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| Selected Annotated | |
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| Bibliography | |
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| The College, Its Governing Board, And Its Employees | |
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| The College and Its Trustees | |
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| The Question of Authority | |
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| Overview | |
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| Trustee authority | |
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| Institutional Tort Liability | |
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| Overview | |
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| Negligence | |
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| Liability for cocurricular and social activities | |
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| Student suicide | |
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| Educational malpractice | |
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| Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability) | |
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| Selected Annotated | |
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| Bibliography | |
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| The College and Its Employees | |
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| Employment Contracts | |
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| Coaches' contracts (new Section) | |
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| Collective Bargaining | |
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| Collective bargaining and antidiscrimination laws | |
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| Personal Liability of Employees | |
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| Tort liability | |
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| Constitutional liability (personal liability under Section 1983) | |
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| Qualifi ed immunity | |
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| Issues on the merits: State-created dangers | |
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| Employment Discrimination | |
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| Sources of law | |
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| Title VII | |
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| Equal Pay Act | |
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| Americans with Disabilities Act and Rehabilitation Act of 1973 | |
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| Age Discrimination in Employment Act | |
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| Genetic Information Nondiscrimination Act (new subSection) | |
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| Constitutional prohibitions against employment discrimination | |
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| Transgender (new subSection) | |
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| Application of Nondiscrimination Laws to Religious Institutions | |
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| Faculty Academic Freedom and Freedom of Expression | |
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| General concepts and principles | |
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| Faculty freedom of expression in general | |
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| "Institutional" academic freedom | |
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| Academic freedom in teaching | |
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| In general | |
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| The classroom | |
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| Selected Annotated | |
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| Bibliography | |
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| The College And Its Students | |
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| The Legal Status of Students | |
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| The Contractual Rights of Students | |
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| Student Academic Freedom | |
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| Students' Legal Relationships with Other Students | |
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| Student Files and Records | |
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| Family Educational Rights and Privacy Act (FERPA) | |
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| State law | |
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| Selected Annotated | |
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| Bibliography | |
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| Admissions and Financial Aid | |
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| Admissions | |
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| Basic legal requirements | |
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| The principle of nondiscrimination | |
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| Race | |
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| Sex | |
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| Disability | |
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| Immigration status | |
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| Affi rmative action programs | |
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| Financial Aid | |
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| General principles | |
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| Federal programs | |
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| Affi rmative action in fi nancial aid programs | |
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| Discrimination against nonresidents | |
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| Discrimination against aliens | |
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| Undocumented aliens | |
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| Selected Annotated | |
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| Bibliography | |
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| The Campus Community | |
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| Student Housing | |
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| Housing regulations | |
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| Searches and seizures | |
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| Campus Computer Networks | |
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| Freedom of Speech | |
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| Liability issues | |
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| Campus Security | |
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| Security offi cers | |
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| Protecting students against violent crime | |
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| Federal statutes and campus security | |
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| Other Support Services | |
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| Health services | |
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| Selected Annotated | |
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| Bibliography | |
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| Academic Policies and Concerns | |
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| Awarding of Grades and Degrees | |
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| Sexual Harassment of Students by Faculty Members | |
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| Evaluating Students with Disabilities | |
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| Overview | |
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| Requests for programmatic or instructional accommodations | |
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| The Disciplinary Process | |
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| Disciplinary and Grievance Systems | |
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| Codes of student conduct | |
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| Judicial systems | |
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| Disciplinary Rules and Regulations | |
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| Public institutions | |
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| Disciplining students with psychiatric illnesses | |
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| Procedures for Suspension, Dismissal, and Other Sanctions | |
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| Public institutions: Disciplinary sanctions | |
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| Hearing | |
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| Public institutions: The legal distinction between disciplinary sanctions and academic sanctions | |
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| Selected Annotated | |
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| Bibliography | |
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| Students' Freedom of Expression | |
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| Student Protests and Freedom of Speech | |
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| Student free speech in general | |
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| Regulation of student protest | |
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| Speech Codes and the Problem of Hate Speech | |
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| The case law on hate speech and speech codes | |
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| Guidelines for dealing with hate speech on campus | |
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| The College And Its Student Organizations | |
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| Student Organizations and Their Members | |
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| Student Organizations | |
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| Principle of nondiscrimination | |
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| Fraternities and Sororities | |
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| Institutional recognition and regulation of fraternal organizations | |
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| The Student Press | |
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| General principles | |
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| Athletics | |
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| Athletes' Freedom of Speech | |
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| Sex Discrimination | |
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| Selected Annotated | |
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| Bibliography | |
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| The College And The Outside World | |
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| Local and State Governments | |
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| Local Governments and the Local Community | |
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| Community access to the college's campus | |
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| Exclusion of speakers and events | |
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| Trespass statutes and ordinances, and related campus regulations | |
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| State Government | |
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| Open-records laws | |
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| Gun possession laws (new Section) | |
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| The Federal Government | |
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| Copyright Law | |
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| The fair use doctrine | |
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| Americans with Disabilities Act | |
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| Civil Rights Compliance | |
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| General considerations | |
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| Title IX | |
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| Private Entities | |
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| Accrediting Agencies | |
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| Athletic Associations and Conferences | |
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| Federal constitutional constraints | |
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| Antitrust laws | |
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| Case Index | |
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| Statute Index | |
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| Subject Index | |