The Law of Higher Education

ISBN-13: 9781119551188 / Angielski / Twarda / 2019 / 2326 str.

William A. Kaplin; Barbara A. Lee

Spis treści

Notice to Instructors vNotice of Website and Periodic Updates for the Sixth Edition viPreface xxixAcknowledgments xxxixThe Authors xliPart One Perspectives and Foundations 11. Overview of Higher Education Law 3Section 1.1. How Far the Law Reaches and How Loudly It Speaks 3Section 1.2. Evolution of Higher Education Law 10Section 1.3. The Governance of Higher Education 26Section 1.4. Sources of Higher Education Law 34Section 1.5. The Public-Private Dichotomy 48Section 1.6. Religion and the Public-Private Dichotomy 69Section 1.7. The Relationship Between Law and Policy 95Selected Annotated Bibliography 1012. Legal Planning and Dispute Resolution 113Section 2.1. Legal Liability 113Section 2.2. Litigation in the Courts 116Section 2.3. Alternative Dispute Resolution 163Section 2.4. Legal Services 171Section 2.5. Institutional Management of Liability Risk 182Selected Annotated Bibliography 194Part Two The College and Its Governing Board, Personnel, and Agents 2013. The College and Its Trustees and Officers 203Section 3.1. The Question of Authority 203Section 3.2. Sources and Scope of Authority and Liability 208Section 3.3. Institutional Tort Liability 228Section 3.4. Institutional Contract Liability 278Section 3.5. Institutional Liability for Violating Federal Constitutional Rights ( 1983 Liability) 285Section 3.6. Captive and Affiliated Organizations 297Selected Annotated Bibliography 3074. The College and Its Employees 313Section 4.1. Overview of Employment Relationships 313Section 4.2. Pre-hire Considerations 316Section 4.3. Employment Contracts 322Section 4.4. Civil Service Rules 340Section 4.5. Collective Bargaining 342Section 4.6. Other Employee Protections 377Section 4.7. Personal Liability of Employees 421Section 4.8. Performance Management Issues 450Selected Annotated Bibliography 4595. Nondiscrimination and Affirmative Action in Employment 464Section 5.1. The Interplay of Statutes, Regulations, and Constitutional Protections 464Section 5.2. Sources of Law 470Section 5.3. The Protected Classes 510Section 5.4. Affirmative Action 555Selected Annotated Bibliography 577Part Three The College and Its Faculty 5836. Faculty Employment Issues 585Section 6.1. Overview 585Section 6.2. Faculty Contracts 585Section 6.3. Faculty Collective Bargaining 613Section 6.4. Application of Nondiscrimination Laws to Faculty Employment Decisions 625Section 6.5. Affirmative Action in Faculty Employment Decisions 656Section 6.6. Standards and Criteria for Faculty Personnel Decisions 663Section 6.7. Procedures for Faculty Employment Decisions 681Section 6.8. Closure, Merger, and Reduction in Force 722Selected Annotated Bibliography 7417. Faculty Academic Freedom and Freedom of Expression 747Section 7.1. General Concepts and Principles 747Section 7.2. Academic Freedom in Teaching 790Section 7.3. Academic Freedom in Research and Publication 826Section 7.4. Academic Freedom in Institutional Affairs 838Section 7.5. Academic Freedom in Private Life 861Section 7.6. Administrators' Authority Regarding Faculty Academic Freedom and Freedom of Expression 870Section 7.7. Protection of Confidential Academic Information: The "Academic Freedom Privilege" 878Section 7.8. Academic Freedom in Religious Colleges and Universities 896Selected Annotated Bibliography 899Part Four The College and Its Students 9098. The Student-Institution Relationship 911Section 8.1. The Legal Status of Students 911Section 8.2. Admissions 946Section 8.3. Financial Aid 1013Section 8.4. Student Housing 1068Section 8.5. Campus Computer Networks 1089Section 8.6. Campus Security 1105Section 8.7. Other Support Services 1121Section 8.8. Student Records 1136Selected Annotated Bibliography 11569. Student Academic Issues 1165Section 9.1. Overview 1165Section 9.2. Grading and Academic Standards 1166Section 9.3. Online Programs 1178Section 9.4. Academic Accommodations for Students with Disabilities 1186Section 9.5. Sexual Harassment of Students by Faculty Members 1210Section 9.6. Academic Dismissals and Other Academic Sanctions 1233Section 9.7. Degree Revocation 1260Selected Annotated Bibliography 126510. Student Disciplinary Issues 1269Section 10.1. Disciplinary and Grievance Systems 1269Section 10.2. Disciplinary Rules and Regulations 1287Section 10.3. Procedures for Suspension, Dismissal, and Other Sanctions 1298Section 10.4. Student Protests and Freedom of Speech 1318Section 10.5. Speech Codes and the Problem of Hate Speech 1349Selected Annotated Bibliography 136411. Rights and Responsibilities of Student Organizations and Their Members 1372Section 11.1. Student Organizations 1372Section 11.2. Fraternities and Sororities 1413Section 11.3. The Student Press 1437Section 11.4. Athletic Teams and Clubs 1460Selected Annotated Bibliography 1509Part Five The College and Local, State, and Federal Governments 151712. Local Governments and the Local Community 1519Section 12.1. General Principles 1519Section 12.2. Zoning and Land Use Regulation 1524Section 12.3. Local Government Taxation 1543Section 12.4. Student Voting in the Community 1561Section 12.5. Relations with Local Police 1569Section 12.6. Community Access to the College's Campus 1574Section 12.7. Community Activities of Faculty Members and Students 1604Selected Annotated Bibliography 161013. The College and State Government 1614Section 13.1. Overview 1614Section 13.2. State Provision of Public Postsecondary Education 1619Section 13.3. State Chartering and Licensure of Private Postsecondary Institutions 1627Section 13.4. State Regulation of Out-of-State Institutions and Programs 1640Section 13.5. Other State Regulatory Laws Affecting Postsecondary Education Programs 1647Selected Annotated Bibliography 167914. The College and the Federal Government 1684Section 14.2. Federal Regulation of Postsecondary Education 1702Section 14.3. Federal Taxation of Postsecondary Education 1826Section 14.4. Federal Aid-to-Education Programs 1848Section 14.5. Civil Rights Compliance 1873Section 14.6. Dealing with the Federal Government 1939Selected Annotated Bibliography 1947Part Six The College and External Private Entities 196315. The College and the Education Associations 1965Section 15.1. Overview of the Education Associations 1965Section 15.2. Applicable Legal Principles 1969Section 15.3. The College and the Accrediting Agencies 1971Section 15.4. Athletic Associations and Conferences 2006Section 15.5. The American Association of University Professors 2028Section 15.6. Dealing with the Education Associations 2031Selected Annotated Bibliography 203216. The College and the Business and Industrial Community 2039Section 16.1. The Contract Context for College Business Transactions 2039Section 16.2. The College as Purchaser 2048Section 16.3. The College as Seller and Competitor 2069Section 16.4. The College as Research Collaborator and Partner 2095Selected Annotated Bibliography 2120Statute Index 2127Case Index 2147Subject Index 2195

O autorze

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.