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

The Law of Higher Education (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 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 If this book isn't on your shelf, it needs to be.

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Produktdetails

• Verlag: John Wiley & Sons
• Seitenzahl: 2336
• Erscheinungstermin: 5. April 2019
• Englisch
• ISBN-13: 9781119551171
• Artikelnr.: 56246219

Autorenporträt

William A. Kaplin is Professor of Law Emeritus at the Catholic University of America in Washington, DC, where he also served for many years as Special Counsel to the Office of General Counsel. He is the former editor of the Journal of College and University Law. Professor Kaplin received the American Council on Education's Borden Award, in recognition of the First Edition of The Law of Higher Education. He has also been honored through Stetson University's establishment of the William A. Kaplin Award for Excellence in Higher Education Law and Policy Scholarship, a national award presented annually to a leading scholar in the field. Barbara A. Lee is Senior Vice President for Academic Affairs at Rutgers, The State University of New Jersey, and Distinguished Professor of Human Resource Management. She is a former Dean of the School of Management and Labor Relations, and also served as associate provost, department chair, and Director of the Center for Women and Work at Rutgers. She chaired the editorial board of the Journal of College and University Law and is a Fellow of the National Association of College and University Attorneys. She received the Daniel Gorenstein Award from Rutgers University in 2009 for distinguished contributions to scholarship and service. In addition to co-authoring multiple editions of The Law of Higher Education, The Law of Higher Education-Student Version, and A Legal Guide for Student Affairs Professionals, she co-authored, with George LaNoue, Academics in Court. She has published over 100 books and articles on higher education legal topics, and serves as an expert witness in tenure, discharge, and discrimination cases, as well as a frequent lecturer and trainer for academic and corporate audiences. Barbara Lee received her B.A. degree, summa cum laude, from the University of Vermont, her M.A. in English and Ph.D. in higher education administration, and her J.D., cum laude, from the Georgetown University Law Center. 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 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 ( 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

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' Authority Regarding Faculty Academic Freedom and Freedom of Expression 870

Section 7.7