05761nam 2200733 450 991045327620332120200520144314.01-119-03720-41-118-75586-31-118-75596-0(CKB)2550000001180152(EBL)1584782(SSID)ssj0001162344(PQKBManifestationID)11627710(PQKBTitleCode)TC0001162344(PQKBWorkID)11139742(PQKB)10223068(MiAaPQ)EBC1584782(JP-MeL)3000065461(Au-PeEL)EBL1584782(CaPaEBR)ebr10826707(CaONFJC)MIL560266(OCoLC)867318679(EXLCZ)99255000000118015220140125h20142014 uy 0engurcnu||||||||txtccrThe law of higher education student version /William A. Kaplin, Barbara A LeeFifth edition.San Francisco, California :Jossey-Bass,2014.©20141 online resource (947 p.)The Jossey-Bass higher and adult education series The law of higher educationDescription based upon print version of record.1-118-03662-X 1-306-29015-5 Includes bibliographical references and indexes.The Law of Higher Education; Copyright; Notice to Instructors; Notice of Web Site and Periodic Supplements for the Student Version; Contents; Crosswalk for the Student Version of The Law of Higher Education, Fifth Edition; Preface; How the Student Version Was Developed; Developments in Higher Education Law since the Publication of the Fourth Edition; Organization and Content of the Student Version; A Note on Nomenclature; Recommendations for Using the Student Version and Keeping Up-to-Date; Endnote; Acknowledgments; The Authors; General Introduction: The Study of Higher Education LawA. The Universe of Education Law B. The Governance of Higher Education; C. Sources of Higher Education Law; D. The Legal Relationships Within Institutions of Higher Education; E. The Law/Policy Distinction; F. The U.S. Legal System as It Relates to Higher Education Law; Part One: Perspectives and Foundations; 1 Overview of Higher Education Law; Section 1.1 How Far the Law Reaches and How Loudly It Speaks; Section 1.2 Evolution of Higher Education Law; Section 1.3 The Governance of Higher Education; 1.3.1 Basic concepts and distinctions; 1.3.2 Internal governance; 1.3.3 External governanceSection 1.4 Sources of Higher Education Law 1.4.1 Overview; 1.4.2 External sources of law; 1.4.2.1 Federal and state constitutions; 1.4.2.2 Statutes; 1.4.2.3 Administrative rules and regulations; 1.4.2.4 State common law; 1.4.2.5 Foreign and international law; 1.4.3 Internal sources of law; 1.4.3.1 Institutional rules and regulations; 1.4.3.2 Institutional contracts; 1.4.3.3 Academic custom and usage; 1.4.4 The role of case law; 1.4.5 Researching case law; Section 1.5 The Public-Private Dichotomy; 1.5.1 Overview; 1.5.2 The state action doctrine1.5.2.1 When private post secondary institutions may be engaged in state action 1.5.2.2 When students, employees, and others may be engaged in state action; 1.5.3 Other bases for legal rights in private institutions; Section 1.6 Religion and the Public-Private Dichotomy; 1.6.1 Overview; 1.6.2 Religious autonomy rights of religious institutions and their personnel; 1.6.3 Government support for religious institutions; 1.6.4 Religious autonomy rights of individuals in public post secondary institutions; Section 1.7 The Relationship Between Law and Policy; 2 Legal Planning and Dispute ResolutionSection 2.1 Legal Liability 2.1.1 Overview; 2.1.2 Types of liability; 2.1.3 Agency law; 2.1.4 Enforcement mechanisms; 2.1.5 Remedies for legal violations; 2.1.6 Avoiding legal liability; 2.1.7 Treatment law and preventive law; Section 2.2 Litigation in the Courts; 2.2.1 Overview; 2.2.2 Judicial (academic) deference; 2.2.3 Managing litigation and the threat of litigation; Section 2.3 Alternative Dispute Resolution; 2.3.1 Overview; 2.3.2 Types of ADR; 2.3.3 Applications to colleges and universities; Section 2.4 Institutional Management of Liability Risk; 2.4.1 Overview and suggestions2.4.2 Risk management strategiesBased on the fifth edition of the indispensable guide to the laws that bear on the conduct of higher education, this student edition provides an up-to-date textbook, reference, and guide for coursework in higher education law and programs preparing higher education administrators for leadership roles. This student edition contains a glossary of key terms and an appendix on how to read legal material for the non-law student. Each chapter is introduced by a discussion of key terms and ideas the students will encounter.Universities and collegesLaw and legislationUnited StatesSchool management and organizationLaw and legislationUnited StatesUniversities and collegesUnited StatesAdministrationElectronic books.Universities and collegesLaw and legislationSchool management and organizationLaw and legislationUniversities and collegesAdministration.344.73/074Kaplin William A877774Lee Barbara A877775MiAaPQMiAaPQMiAaPQBOOK9910453276203321The law of higher education1959872UNINA