Now in its fourth edition, this book reflects the extraordinary growth in the law of higher education and the accompanying rise in scholarship and commentary on higher education law and governance. The case selection reflects major themes and issues. To this end, cases with interesting facts, news accounts of fascinating developments, and insights and articles from scholars and practitioners have also been used. The result is a unique book on a rapidly growing area of law and society. It is the most established and widely adopted casebook in the field. Updated with recent court cases and statutes, it can be used in law schools, in colleges of education, or in professional courses.
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
A single-volume text that distills information for students Based on the sixth edition of Kaplin and Lee’s indispensable guide to the law that bears on the conduct of higher education, The Law of Higher Education, Sixth Edition: Student Version provides an up-to-date reference and guide for coursework in higher education law and programs preparing law students and higher education administrators for leadership roles. This student edition discusses the most significant areas of the law for college and university attorneys and administrators. Each chapter is introduced by a discussion of key terms and topics the students will encounter, and the book includes materials from the full sixth edition that are most relevant to student interests and classroom instruction. It also contains a “crosswalk” that keys sections of the Student Edition to counterpart sections of the two-volume treatise. Complements the full version Includes a glossary of legal terms and an appendix on how to read legal material for students without legal training Discusses key terms in each chapter Concentrates on key topics students will need to know This is fundamental reading for law students preparing for careers in higher education law and for graduate students in higher education administration programs.
This book provides a comprehensive description of the federal government's relationship with higher education and how that relationship became so expansive and indispensable over time. Drawing from constitutional law, social science research, federal policy documents, and original interviews with key policy insiders, the author explores the U.S. government's role in regulating, financing, and otherwise influencing higher education. Natow analyzes how the government's role has evolved over time, the activities of specific governmental branches and agencies that affect higher education, the nature of the government's influence today, and prospects for the future of federal involvement in higher education. Chapters examine the politics and practices that shape policies affecting nondiscrimination and civil rights, student financial aid, educational quality and student success, campus crime, research and development, intellectual property, student privacy, and more. Book Features: Provides a contemporary and thorough understanding of how federal higher education policies are created, implemented, and influenced by federal and nonfederal policy actors. Situates higher education policy within the constitutional, political, and historical contexts of the federal government. Offers nuanced perspectives informed by insider information about what occurs behind the scenes in the federal higher education policy arena. Includes case studies illustrating the profound effects federal policy processes have on the everyday lives of college students, their families, institutions, and other higher education stakeholders.
Exploring the current state of relationships between public universities, government leaders, and the citizens who elect them, this book offers insight into how to repair the growing rift between higher education and its public. Higher education gets a bad rap these days. The public perception is that there is a growing rift between public universities and the elected officials who support them. In What's Public about Public Higher Ed?, Stephen M. Gavazzi and E. Gordon Gee explore the reality of that supposed divide, offering qualitative and quantitative evidence of why it's happened and what can be done about it. Critical problems, Gavazzi and Gee argue, have arisen because higher education leaders often assumed that what was good for universities was good for the public at large. For example, many public institutions have placed more emphasis on research at the expense of teaching, learning, and outreach. This university-centric viewpoint has contributed significantly to the disconnect between our nation's public universities and the representatives of the people they are supposed to be serving. But this gulf can only be bridged, the authors insist, if people at the universities take the time to really listen to what the citizens of their states are asking of them. Gavazzi and Gee draw on never-before-gathered survey data on public sentiment regarding higher education. Collected from citizens residing in the four most populous states—California, Florida, New York, and Texas—plus Ohio and West Virginia, the authors' home states, this data reflects critical issues, including how universities spend taxpayer money, the pursuit of national rankings, student financial aid, and the interplay of international activities versus efforts to create "closer to home" impact. An unflinching, no-holds-barred exploration of what citizens really think about their public universities, What's Public about Public Higher Ed? also places special emphasis on the events of 2020—including the COVID-19 pandemic and the worst racial unrest seen in half a century—as major inflection points for understanding the implications of the survey's findings.
A series of near-riots on campuses aimed at silencing guest speakers has exposed the fact that our universities are no longer devoted to the free exchange of ideas in pursuit of truth. But this hostility to free speech is only a symptom of a deeper problem, writes John Ellis. Having watched the deterioration of academia up close for the past fifty years, Ellis locates the core of the problem in a change in the composition of the faculty during this time, from mildly left-leaning to almost exclusively leftist. He explains how astonishing historical luck led to the success of a plan first devised by a small group of activists to use college campuses to promote radical politics, and why laws and regulations designed to prevent the politicizing of higher education proved insufficient. Ellis shows that political motivation is always destructive of higher learning. Even science and technology departments are not immune. The corruption of universities by radical politics also does wider damage: to primary and secondary education, to race relations, to preparation for the workplace, and to the political and social fabric of the nation. Commonly suggested remedies—new free-speech rules, or enforced right-of-center appointments—will fail because they don’t touch the core problem, a controlling faculty majority of political activists with no real interest in scholarship. This book proposes more drastic and effective reform measures. The first step is for Americans to recognize that vast sums of public money intended for education are being diverted to a political agenda, and to demand that this fraud be stopped.
This volume summarizes a range of scientific perspectives on the important goal of achieving high educational standards for all students. Based on a conference held at the request of the U.S. Department of Education, it addresses three questions: What progress has been made in advancing the education of minority and disadvantaged students since the historic Brown v. Board of Education decision nearly 50 years ago? What does research say about the reasons of successes and failures? What are some of the strategies and practices that hold the promise of producing continued improvements? The volume draws on the conclusions of a number of important recent NRC reports, including How People Learn, Preventing Reading Difficulties in Young Children, Eager to Learn, and From Neurons to Neighborhoods, among others. It includes an overview of the conference presentations and discussions, the perspectives of the two co-moderators, and a set of background papers on more detailed issues.
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
