Book Description

Types of Courses This book is designed for graduate courses titled Law and Education, Higher Education Law, University Law, College Law, and/or Legal Aspects of Education, in graduate programs in Colleges of Education and elective courses in Law Schools. Description The presentation in the book, a combination textbook/casebook, gives a complete overview of higher education law; covering common law, constitutional law, and interpretations of statute at state and federal levels. The content defines the legal rights and responsibilities in colleges and universities. Organization Each chapter begins with an overview of the legal issues followed by detailed explanations of legal precedents and the prevailing rule of law. Features The "text-case" method allows instructors to analyze issues and relate court decisions to operations of colleges and universities. Students are given the legal bases that relate factual situations while recognizing similar experiences they may have as practicing university faculty members or administrators. Rules of law are explained in narrative form enabling law students and graduate education students to grasp the essence of legal precedents as background for reading and understanding judicial opinions. Judicial opinions are carefully edited to weed out extraneous legal jargon, and to pinpoint the dispute at hand. Case briefs are provided at the end of court decisions that refine points of law addressed in other litigation. The authors' comprehensive approach gives law students and graduate education students an overall view of the law. The text in each subject matter area opens with a historical legal perspective that captures the current roles of federal and state governments in higher education. Different areas of law (common law, statutes, constitutional law) are woven together throughout the text. This manner of presentation helps reduce legal complexities to a level easily understood by law students and graduate school students. Summaries of Case Law Each chapter provides the student with comprehensive summaries and explanations of judicial rationale of court decisions in key cases. Pedagogy Edited cases are integrated into each chapter. Cases focus on the legal precedents and eliminate unnecessary judicial and procedural matters. Most cases are brief, saving students and teachers time by identifying relevant factors and court holdings. Case Notes Case notes for court decisions from other jurisdictions are presented following each case to provide additional insights into various legal issues as expounded by other courts. "Case notes" supplement each case to add perspective and analysis for each topic. Legal Research Sources Each chapter is accompanied by reference to legal research resources including law reviews and journals, legal encyclopedias, restatements of law, digests, reports, and online resources.