Now in its third 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 but less precedential value, 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.
"Despite Professor Olivas's caution about making comparisons between this work and the acknowledged standard treatise in the field (William Kaplin's Law and Higher Education), these two volumes should be viewed by attorneys, academicians, and administrators as complementary. Unlike a treatise, the Olivas casebook gives the reader a comprehensive array of cases and court decisions on these subjects. Professor Olivas writes overviews to provide contextual detail and history... [Chapter 2 is] an excellent example of the prudent use of cases... [Chapter 3] contains a panoply of material taken from a variety of sources about fascinating episodes, disputes, and court cases... This is rich material..." -- Bimonthly Review of Law Books, on the first edition"The Law and Higher Education... has become not merely a reference, but an archive in its own right." -- Scott Chafin, Media Reviews, on the second edition"In both the casebook and the teachers' manual, the author's sense of humor, knowledge of popular culture, and breadth of knowledge about higher education come out clearly and loudly. Olivas is an attorney who knows both administrative practice and the law and is effectively able to pass that knowledge on to his readers." -- NASPA Journal, 2007Every section of the fifth edition contains new material, including those related to: Hate speech and free speech rights of faculty in public universities Sharing of research with international colleagues Intellectual property and peer-to ...
27 Berkeley Journal Employment & Labor Law 1 (2006). O'Neil, Robert M. “Judicial Deference to Academic Decisions: An Outmoded Concept?,” 36 J. Coll. & Univ. Law 729 (2010). Ruger, Peter H. “The Practice ...
This comprehensive guide offers extensive analysis of the complex legal framework in which universities work, and the remedies which may be sought in the event of disputes.
The Handbook for Student Law for Higher Education Administrators is a practical tool, intended for administrators, dealing with students in higher education and focusing principally on four-year institutions.
Law and Higher Education: A Casebook
Since the 1985 publication of the second edition of The Law of Higher Education, new developments in the courts and in Congress have continued to place campuses under increased scrutiny....
The Law of Higher Education, 1980
Gardner-Denver Co., 415 US. 36 (1974). A discharged employee claimed that the discharge was motivated by racial discrimination, and he contested his discharge in a grievance proceeding provided under a collective bargaining contract.
The United States does not, however, explain how such plans could work for graduate and professional schools. Moreover, even assuming such plans are race-neutral, they may preclude the university from conducting the individualized ...
As a result of this high threshold, proponents of race conscious educational policies fight a difficult legal battle just to get the Court to recognize that race matters. Major race cases in educational policy since Brown such as Bakke, ...