Higher Education Law: Policy and Perspectives, 2nd Edition (Paperback) book cover

Higher Education Law

Policy and Perspectives, 2nd Edition

By Klinton W. Alexander, Kern Alexander

Routledge

772 pages | 14 B/W Illus.

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Description

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

Reviews

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

Table of Contents

Contents

Preface

About the Authors

  1. Nature of Law
  2. 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

  3. Legal Structure of Higher Education
  4. 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

  5. Religion
  6. 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

  7. Student Fees and Tuition
  8. 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

  9. Students and Parietal Rules: Living and Learning
  10. 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

  11. Contractual Relationship Between Student and University
  12. Introduction

    Contracts

    Contract Law Applied to the Universities

    Summation of Law

    Questions and Issues for Discussion

    Research Aids

  13. Student Dismissals and Procedural Due Process of Law
  14. Introduction

    Two Aspects of Due Process

    Procedural Due Process

    Summation of Law

    Questions and Issues for Discussion

    Research Aids

  15. Substantive Due Process: Liberty and Property Interests of Students in Grading and Dismissals
  16. Introduction

    Substantive Due Process Explained

    Judicial Deference to Academic Decisions

    Summation of Law

    Questions and Issues for Discussion

    Research Aids

  17. Student Speech, Expression, and Association
  18. 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

  19. Free Speech and Electronic Communication
  20. Introduction

    Forum Analysis and the Internet

    Unprotected Electronic Speech

    When the Forum Analysis Applies

    Summation of Law

    Questions and Issues for Discussion

    Research Aids

  21. Student Press
  22. Introduction

    Background

    Press Suppression

    Pre-Hazelwood

    Recent Era and Forum Analysis

    Heresy and Blasphemy

    Summation of Law

    Questions and Issues for Discussion

    Research Aids

  23. Search and Seizure
  24. 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

  25. Academic Freedom
  26. 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

  27. Faculty Contracts, Tenure, and Collective Bargaining
  28. 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

  29. Faculty and Due Process of Law
  30. 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

  31. 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

About the Authors

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.

Subject Categories

BISAC Subject Codes/Headings:
EDU000000
EDUCATION / General