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The Law of Higher Education, 5th Edition Student Version von Kaplin, William A. (eBook)

  • Erscheinungsdatum: 23.12.2013
  • Verlag: Jossey-Bass
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The Law of Higher Education, 5th Edition

Based on the fifth edition of Kaplin and Lee's indispensable guide to the law that bears on the conduct of higher education, The Law of Higher Education, Fifth Edition: Student Version provides an up-to-date textbook, reference, and guide for coursework in higher education law and programs preparing higher education administrators for leadership roles, The Student Version includes the materials from the full fifth edition that most relate to student interests and are most suitable for classroom instruction, For example: The evolution of higher education law and governance Legal planning and dispute resolution The relationship between law and policy Faculty and staff employment issues, including collective bargaining Academic freedom for faculty and students Copyright basics The contract rights of students Legal issues in online education The rights of students and faculty with disabilities Campus issues: safety, registered sex offenders, racial and sexual harassment, student suicide, campus computer networks, searches of students' residence hall rooms Hate speech and freedom of speech, including the rights of faculty and students in public universities Student organizations' rights, responsibilities, and activities fees Governmental support for religious institutions and religious autonomy rights of individuals in public institutions Nondiscrimination and affirmative action in employment, admissions, and financial aid Athletics and Title IX FERPA (Family Educational Rights and Privacy Act)
Each chapter is introduced with an overview of key terms and ideas the students will encounter, In addition, the book includes a general introduction to the study of higher education law, a glossary of key legal terms, and appendices for non-law students on the American court system and on how to read court opinions, The authors have also prepared a volume of teaching materials keyed to the Student Version , available from the National Association of College and University Attorneys (NACUA), In addition, the authors will periodically update the Student Version by posting recent developments on a Web site hosted by NACUA, WILLIAM A, KAPLIN is professor of law emeritus at The Catholic University of America, Washington, DC, where he also served as special counsel to the Office of General Counsel, He is now senior fellow at the Center for Excellence in Higher Education Law and Policy, Stetson University College of Law, BARBARA A, LEE is professor of human resource management at Rutgers University's School of Management and Labor Relations and of counsel to the law firm of Edwards Wildman Palmer, An attorney, she teaches employment law and higher education law, Together they are the authors of The Law of Higher Education , now in its fifth edition, and A Legal Guide for Student Affairs Professionals ,


    Format: ePUB
    Kopierschutz: AdobeDRM
    Seitenzahl: 944
    Erscheinungsdatum: 23.12.2013
    Sprache: Englisch
    ISBN: 9781118755860
    Verlag: Jossey-Bass
    Größe: 1732 kBytes
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The Law of Higher Education, 5th Edition


Operating the colleges and universities of today presents a multitude of challenges for their leaders and personnel. Often the issues they face involve institutional policy, but with continually increasing frequency they have legal implications as well. For example:

A staff member may decide to become a whistleblower and assert that another college employee is violating the law. If the complaining staff member's performance has been problematic, and just cause exists for dismissal, may the college discharge the whistleblowing staff member?
A tenured faculty member may have been accused of sexually harassing a student by requiring the student to complete a project that the student finds offensive. What standards and processes should be used to determine whether the faculty member should be discharged, disciplined, or reprimanded?
A student religious organization may approach the dean of students seeking recognition or an allocation from the fund for student activities. If membership is limited to students of a particular faith, or if the student organization does not admit gays or lesbians, how should the administration respond?
A group of students petitions the administration to develop a hate speech code because they believe it will reduce the number of bias incidents on campus. Can a public institution enforce such a provision?
A wealthy alumna may call the vice president for student affairs and offer to make a multimillion dollar donation for scholarships on the condition that they be awarded only to African American students from disadvantaged families. Can and should the vice president accept the donation and follow the potential donor's wishes?
To assist students and instructors who wish to study, research, or teach about issues such as these and innumerable others, we have prepared this Student Version of our two-volume work, The Law of Higher Education, Fifth Edition (" LHE 5th" or "full fifth edition"). The Student Version provides foundational information, in-depth analysis, and practical suggestions on a wide array of legal issues faced by public and private institutions. The discussions draw upon pertinent court opinions, constitutional provisions, statutes, administrative regulations, and related developments. In order to enhance readability and keep the Student Version of manageable size, we have only occasionally included text or footnote citations to resources for further study and research, such as selected journal articles, books, and Web sites. We have, however, included a bibliography of such resources at the end of this book. In addition, we have created a convenient crosswalk from the various sections of the Student Version to the corresponding sections of the full fifth edition, which are chock full of text citations, footnotes, and annotated bibliographies (at the end of each chapter) that will be highly useful for any student or instructor seeking such resources. The crosswalk appears in the front matter of this book.
How the Student Version Was Developed

We have designed this special edition of LHE 5th for use in higher education law and higher education administration courses. Guided by our own experiences teaching courses and workshops in higher education law, and by the suggestions of teaching colleagues, we have selected the topics from the full fifth edition that we believe are of greatest importance and interest to students of higher education law and their instructors. We have given primary consideration to the significance of the topic for the development of higher education law and policy, the topic's currency or timelessness for administrators of colleges and universities, and its usefulness in illustrating particular legal problems or the appl

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