Law of Higher Education Volume 1 a Compr

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. 1 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.

List of contents

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 Employment Relationships 313
 
Section 4.2. Pre-hire Considerations 316
 
Section 4.3. Employment Contracts 322
 
Section 4.4. Civil Service Rules 340
 
Section 4.5. Collective Bargaining 342
 
Section 4.6. Other Employee Protections 377
 
Section 4.7. Personal Liability of Employees 421
 
Section 4.8. Performance Management Issues 450
 
Selected Annotated Bibliography 459
 
5. Nondiscrimination and Affirmative Action in Employment 464
 
Section 5.1. The Interplay of Statutes, Regulations, and Constitutional Protections 464
 
Section 5.2. Sources of Law 470
 
Section 5.3. The Protected Classes 510
 
Section 5.4. Affirmative Action 555
 
Section 5.5. Application of Nondiscrimination Laws to Religious Institutions 570
 
Selected Annotated Bibliography 577
 
Part Three The College and Its Faculty 583
 
6. Faculty Employment Issues 585
 
Section 6.1. Overview 585
 
Section 6.2. Faculty Contracts 585
 
Section 6.3. Faculty Collective Bargaining 613
 
Section 6.4. Application of Nondiscrimination Laws to Faculty Employment Decisions 625
 
Section 6.5. Affirmative Action in Faculty Employment Decisions 656
 
Section 6.6. Standards and Criteria for Faculty Personnel Decisions 663
 
Section 6.7. Procedures for Faculty Employment Decisions 681
 
Section 6.8. Closure, Merger, and Reduction in Force 722
 
Selected Annotated Bibliography 741
 
7. Faculty Academic Freedom and Freedom of Expression 747
 
Section 7.1. General Concepts and Principles 747
 
Section 7.2. Academic Freedom in Teaching 790
 
Section 7.3. Academic Freedom in Research and Publication 826
 
Section 7.4. Academic Freedom in Institutional Affairs 838
 
Section 7.5. Academic Freedom in Private Life 861
 
Section 7.6. Administrators

About the author

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.

Summary

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. 1 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.

Product details

• Authors: Neal H Hutchens, Neal H. Hutchens, William Kaplin, William A Kaplin, William A. Kaplin, Barbara Lee, Barbara A Lee, Barbara A. Lee, Jacob H. Rooksby
• Publisher: Wiley, John and Sons Ltd
• Languages: English
• Product format: Hardback
• Released: 30.04.2019
• EAN: 9781119271840
• ISBN: 978-1-119-27184-0
• No. of pages: 1296
• Subjects: Humanities, art, music > Education > Education system; Hochschule, Education, Bildungswesen, Leadership, Administration & Policy (Higher Education), Hochschulen / Leitung, Verwaltung, Politik