Courtrooms and Classrooms

Courtrooms and Classrooms

Author: Scott M. Gelber

Publisher: JHU Press

Published: 2016-02-29

Total Pages: 259

ISBN-13: 1421418843

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A stunningly original history of higher education law. Conventional wisdom holds that American courts historically deferred to institutions of higher learning in most matters involving student conduct and access. Historian Scott M. Gelber upends this theory, arguing that colleges and universities never really enjoyed an overriding judicial privilege. Focusing on admissions, expulsion, and tuition litigation, Courtrooms and Classrooms reveals that judicial scrutiny of college access was especially robust during the nineteenth century, when colleges struggled to differentiate themselves from common schools that were expected to educate virtually all students. During the early twentieth century, judges deferred more consistently to academia as college enrollment surged, faculty engaged more closely with the state, and legal scholars promoted widespread respect for administrative expertise. Beginning in the 1930s, civil rights activism encouraged courts to examine college access policies with renewed vigor. Gelber explores how external phenomena—especially institutional status and political movements—influenced the shifting jurisprudence of higher education over time. He also chronicles the impact of litigation on college access policies, including the rise of selectivity and institutional differentiation, the decline of de jure segregation, the spread of contractual understandings of enrollment, and the triumph of vocational emphases.


The College Student's Guide to the Law

The College Student's Guide to the Law

Author: C. L. Lindsay

Publisher: Taylor Trade Publishing

Published: 2005-05-26

Total Pages: 358

ISBN-13: 146166179X

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Knowing how to post bail and get out of jail in fifteen minutes is darn handy for almost everyone. For a disoriented 18-year-old who's found himself in a pinch, it's downright necessary. College kids are naïve, eager, and prone to trouble, and whether they're funneling beer or fighting sweatshop labor, they need to know their rights. Just logging onto the university computer system, for example, opens a student to a host of legal questions about whether the school can monitor her email or her surfing habits or her blogs. But the amount of practical legal information available to the nation's 15 million college students is extremely limited and most students don't have ready access to lawyers. What they need is a handbook that will cover the issues they're likely to confront, a guide that is informative, easy to read, and not embarrassing to have on their shelves. With a retro look and a humorous, approachable tone, THE COLLEGE STUDENT'S GUIDE TO THE LAW provides legal explanations, strategies for steering clear of problems, and detailed instructions about how to deal with the authorities—both educational and municipal—when trouble can't be avoided. The book is divided into sections for easy access to information: "The Law in the Classroom" offers guidance on academic dishonesty, grading grievances, and professor-student relations. "The Law On Campus" discusses problems outside the classroom but on university turf, from privacy rights (whether in the dorms, on a hard drive, or in the Registrar's Office) to interactions with campus security. "The Law Off Campus" provides advice on dealing with legal issues that are endemic to university life such as underage drinking policies, landlord-tenant disputes, and credit-card use and abuse. THE COLLEGE STUDENT'S GUIDE TO THE LAW ranks with the shower caddy, the extra-long twin sheet set, and the mini fridge as an absolutely indispensable item for every college freshman. And every returning student who might contest a grade, plan a campus protest, or sign an apa