The Law of Higher Education. William A. Kaplin

      1  Cover

      2  Notice to Instructors

      3  Notice of Website and Periodic Supplements for the Student Version

      4  Crosswalk for the Student Version and The Law of Higher Education, Sixth Edition

      5  Preface How the Student Version Was Developed Developments in Higher Education Law Since the Publication of the Fifth Edition Organization and Content of the Student Version A Note on Nomenclature Recommendations for Using the Student Version and Keeping Up-to-Date Endnote

      6  Acknowledgments

      7  The Authors

      8  General Introduction: The Study of Higher Education Law A. 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 Notes

      9  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 Section 1.4. Sources of Higher Education Law Section 1.5. The Public-Private Dichotomy Section 1.6. Religion and the Public-Private Dichotomy Section 1.7. The Relationship Between Law and Policy Notes 2 Legal Planning and Dispute Resolution Section 2.1. Legal Liability Section 2.2. Litigation in the Courts Section 2.3. Alternative Dispute Resolution Section 2.4. Institutional Management of Liability Risk Notes

      10  PART TWO: THE COLLEGE AND ITS GOVERNING BOARD AND STAFF 3 The College's Authority and Liability Section 3.1. The Question of Authority Section 3.2. Institutional Tort Liability Section 3.3. Institutional Contract Liability Section 3.4. Institutional Liability for Violating Federal Constitutional Rights (Section 1983 Liability) Notes 4 The College and Its Employees Section 4.1. Overview of Employment Relationships Section 4.2. Employment Contracts Section 4.3. Collective Bargaining Section 4.4. Personal Liability of Employees Section 4.5. Employment Discrimination Section 4.6. Affirmative Action Section 4.7. Application of Nondiscrimination Laws to Religious Institutions Note

      11  PART THREE: THE COLLEGE AND ITS FACULTY 5 Special Issues in Faculty Employment Section 5.1. Overview Section 5.2. Faculty Contracts