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Higher Education Law: Policy and Perspectives de Klinton Alexander

Higher Education Law: Policy and Perspectives

Autor Klinton Alexander, Kern Alexander
en Limba Engleză Paperback – 25 oct 2016
This fully revised and updated textbook weaves law into its historical, political, and sociological context, while providing clear explanation of the law as it applies to American colleges and universities. This text draws exclusively on federal and state cases emerging from campuses and includes helpful pedagogical elements--such as chapter outlines, questions for discussion, side bars, text boxes, research aids, and summation of law--to equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation. Addressing a gap in the literature, this new edition provides a comprehensive and accessible understanding of the latest laws relevant to higher education and student affairs administrators.
New In This Edition:
  • Explanation and streamlining of old case law.
  • New cases throughout covering recent developments in: student loan debt, student safety, Internet speech, affirmative action, discrimination, Greek life, issues relating to new technology, non-faculty employees, campus police, and athletics.
  • Revised explanation on student and college costs.
  • Expanded examination of the idea of academic freedom
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Specificații

ISBN-13: 9781138671737
ISBN-10: 1138671738
Pagini: 788
Ilustrații: 3 Tables, black and white; 14 Illustrations, black and white
Dimensiuni: 178 x 254 x 43 mm
Greutate: 1.38 kg
Ediția:2nd edition
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom

Public țintă

Postgraduate

Cuprins

Contents
Preface
About the Authors
  1. Nature of Law Introduction
    Sources of Law
    Stare Decisis: The Doctrine of Judicial Precedent
    The Practical Application of Stare Decisis
    Function of the Courts
    Structure of the Courts
    Process of Going to Court
    Finding the Law
    Questions and Issues for Discussion
    Research Aids
  2. Legal Structure of Higher Education Introduction
    Defining the University
    College and University Corporations
    Essence of the Dartmouth College Decision
    Public Universities
    The Constitutionally Autonomous State University
    State University as a Creature of the Legislature
    State University as a Subordinate Agency
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  3. Religion Introduction
    The Ageless Conflict
    American Antecedents to the First Amendment
    Meaning of the Establishment Clause
    The Decline of the Establishment Clause
    The New Establishment Jurisprudence: Dismantling the Wall
    Higher Education and the Establishment Clause
    Supreme Court’s New Restraint on Taxpayer Standing
    State Constitutions and Religious Freedom
    State Constitutions and Aid to Sectarian Colleges
    Teaching Religion in State Universities
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  4. Student Fees and Tuition Introduction
    Equity and Tuition
    Incidental Fees
    Nonresident Tuition
    Irrebuttable Presumption
    Alien Students
    Supremacy Clause
    Defaults on Federal Student Loans
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  5. Students and Parietal Rules: Living and Learning Introduction
    Parietal Rules
    Debt Service on Construction Bonds
    Power to Issue Revenue Bonds
    Required Residence of Students
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  6. Contractual Relationship Between Student and University Introduction
    Contracts
    Contract Law Applied to the Universities
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  7. Student Dismissals and Procedural Due Process of Law Introduction
    Two Aspects of Due Process
    Procedural Due Process
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  8. Substantive Due Process: Liberty and Property Interests of Students in Grading and Dismissals Introduction
    Substantive Due Process Explained
    Judicial Deference to Academic Decisions
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  9. Student Speech, Expression, and Association Introduction
    Clear and Present Danger
    Limits of Student Freedom
    Outside Speakers
    Material and Substantial Disruption
    Forum Analysis
    Closed Forum within University Open Forum
    Time, Place, and Manner
    Student Association and Organizational Recognition
    Unprotected Speech
    True Threats and Internet
    Conclusion
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  10. Free Speech and Electronic Communication Introduction
    Forum Analysis and the Internet
    Unprotected Electronic Speech
    When the Forum Analysis Applies
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  11. Student Press Introduction
    Background
    Press Suppression
    Pre-Hazelwood
    Recent Era and Forum Analysis
    Heresy and Blasphemy
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  12. Search and Seizure Introduction
    Historical Antecedents
    Meaning of the Fourth Amendment
    Search Warrants
    Exceptions to Warrant Requirements
    Exclusionary Rule
    Two Types of Suspicion
    Objects of a Search
    Plain View Doctrine
    Searches on Campus
    Recapitulation
    Cell Phone Searches
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  13. Academic Freedom Introduction
    Intellectual Freedom in Europe
    Secular Freedom
    Academic Freedom in the United States
    Three Types of Academic Freedom
    Academic Freedom and Witch Hunts
    Academic Freedom as Institutional Autonomy
    Shared Governance
    Academic Freedom in Church-Controlled Universities
    Loyalty Oaths
    Privilege against Self-Incrimination
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  14. Faculty Contracts, Tenure, and Collective Bargaining Introduction
    Common Law Contracts
    Breach of Contract
    Tenure Contracts
    Reasons for Dismissal of Tenured Faculty
    Collective Bargaining Contracts
    Private University Bargaining
    Public University Bargaining
    Summation of Law
    Questions and Issues for Discussion
    Research Aids
  15. Faculty and Due Process of Law Introduction
    Five Aspects of Due Process
    Substantive Due Process
    Procedural Due Process
    Impartiality
    The Vagueness Doctrine
    The Irrationality and Presumption Test
    Summation of Law
    Questions and Issue for Discussion
    Research Aids
  16. Speech in Public Institutions
Introduction
Public Employment
Speech Rights of Public Employees
Pickering and Matters of Public Concern
Speech and the Connick Rule
Garcetti and the "Pursuant to Duty" Test
Mt. Healthy and Motivating Factors
Expressing Public Concerns in Private
Summation of Law
Questions and Issues for Discussion
Research Aids

17. Tort Liability
Introduction
Grounds for Actions
Intentional Interference
Strict Liability
Negligence
Elements of Negligence
Defenses for Negligence
Summation of Law
Questions and Issues for Discussion
Research Aids
18. Defamation, Student Records, and the Federal Family Education Rights and Privacy Act
Introduction
Defamation Law
Federal Law and Student Records
Family Education Rights and Privacy Act of 1974
Summation of Law
Questions and Issues for Discussion
Research Aids
19. Immunity from Liability of State Institutions
Introduction
Background and Rationale
Sovereign Immunity in the United States
Exceptions to Immunity Rule
Nuisance
Abrogation of Common Law Immunity
Eleventh Amendment Immunity
Summation of Law
Questions and Issues for Discussion
Research Aids
20. Liability and Immunity of Private Institutions
Introduction
Historical Development
Four Theories of Charitable Immunity
Summation of Law
Questions and Issues for Discussion
Research Aids
21. State Action and Students at Private Colleges
Introduction
Students in the Private Institution
State Action
Entwinement
Summation of Law
Questions and Issues for Discussion
Research Aids
22. Civil Rights Statutes: Gender, Race and Religion
Introduction
Gender Discrimination
Sex or Gender
Equal Protection
Exceedingly Persuasive Justification
Equal Pay Act
Title VII
Race and Employment
Religion
Religious Exemption from Title IX
Title IX
Retaliation
Summation of Law
Questions and Issues for Discussion
Research Aids
23. Racial Integration and Diversity
Introduction
Background
Separate but Equal
Post-Civil War Civil Rights Act
Defining Separate but Equal
The Brown Case
Integration versus Segregation
Affirmative Action to Remedy De Jure Segregation
Diversity and Narrow Tailoring
Desegregation in Private Institutions
Summation of Law
Questions and Issues for Discussion
Research Aids
24. Intellectual Property
Introduction
Intellectual Property
Trade Secret
Patents
Copyright
Trademarks
Summation of Law
Questions and Issues for Discussion
Research Aids

Notă biografică

Klinton W. Alexander is Dean and Professor of Law in the College of Law at the University of Wyoming, USA.
Kern Alexander is Excellence Professor at the University of Illinois, Urbana-Champaign, USA, and Editor of the Journal of Education Finance.

Recenzii

Praise for the previous edition:
"This trusty textbook is a necessity for anyone teaching, learning, or practicing higher education law today. Its attention to detail, history, and analysis is invaluable."
-Julie Underwood, Dean, School of Education, University of Wisconsin-Madison
"This book represents an extremely valuable resource to university administrators, attorneys, and anyone interested in higher education law. The book explains complex legal issues in clear terms and with very helpful analytical insights. The authors understand the practical range of issues and the law that affects all aspects of higher education. This book is a critical addition to the literature."
-Jon Mills, Dean Emeritus, Professor of Law, and Director of the Center for Governmental Responsibility, Frederic G. Levin College of Law, University of Florida
 
"Higher Education Law is a very high quality, well written, and well researched text. The continual use of specific case law provides context and the diversity of chapter topics covers all aspects of today’s modern university."
-Joseph M. Marron, Professor and Program Director, Higher Education Administration Graduate Program, National University
"The book is well organized and clear to understand for students who are first learning about higher education law."
-James Archibold, Professor of Higher Education Leadership, Valdosta State University

Descriere

This fully revised and updated textbook weaves law into its historical, political, and sociological context, while providing clear explanation of the law as it applies to American colleges and universities.