The Law of Higher Education. William A. Kaplin
Education's Borden Award, in recognition of the First Edition of The Law of Higher Education; and the Association for Student Judicial Affairs' D. Parker Young Award, in recognition of research contributions; and he has been honored twice by the National Association of College and University Attorneys, being named a Fellow of the Association (1990) and being presented the Life Member Award in 2018. He has also been honored through the establishment, by the Center for Excellence in Higher Education Law and Policy at Stetson University, of the William A. Kaplin Award for Excellence in Higher Education Law and Policy Scholarship, a national award presented annually to a leading scholar in the field.
In addition to the various editions and updates of The Law of Higher Education, Professor Kaplin's books include The Law of Higher Education Fourth Edition: Student Version (with Barbara Lee) (Jossey-Bass, Inc., 2007); Cases, Problems, and Materials for Use with The Law of Higher Education (with Barbara Lee) (NACUA, 2006); and A Legal Guide for Student Affairs Professionals, 2d ed. (with Barbara Lee) (Jossey-Bass, Inc., 2009). Among his other books are State, School, and Family: Cases and Materials on Law and Education (with co-authors) (Matthew Bender, 2nd ed., 1979) and Constitutional Law: An Overview, Analysis, and Integration (Carolina Academic Press, 2004).
Bill Kaplin received his B.A. degree in political science from the University of Rochester and his J.D. degree with distinction from Cornell University, where he was editor-in-chief of the Cornell Law Review. He then worked with a Washington, D.C., law firm, served as a judicial clerk at the U.S. Court of Appeals for the District of Columbia Circuit, and was an attorney in the education division of the U.S. Department of Health, Education and Welfare, before joining the Catholic University law faculty.
Barbara A. Lee is Senior Vice President for Academic Affairs and a Distinguished Professor of Human Resource Management, Rutgers University, in New Brunswick, New Jersey. She is a former dean of the School of Management and Labor Relations, and also served as associate provost, department chair, and director of the Center for Women and Work at Rutgers University. She chaired the editorial board of the Journal of College and University Law, served as a member of the Board of Directors of the National Association of College and University Attorneys, and was named a NACUA Fellow. She formerly served on the executive committee of the Human Resource Management Division of the Academy of Management. She is also a founding member of the U.S./U.K. Higher Education Law Roundtable. She received a distinguished alumni award from the University of Vermont in 2003 and the Daniel Gorenstein award from Rutgers University in 2009 for distinguished contributions to scholarship and service.
In addition to coauthoring the Third, Fourth, Fifth, and Sixth Editions of The Law of Higher Education and The Law of Higher Education, Student Version, supplements and updates to the main volume, as well as A Legal Guide for Student Affairs Professionals (1997), Professor Lee also coauthored Academics in Court (1987, with George LaNoue), as well as numerous articles, chapters, and monographs on legal aspects of academic employment. She serves as an expert witness in tenure, discharge, and discrimination cases, and is a frequent lecturer and trainer for academic and corporate audiences.
Barbara Lee received her B.A. degree, summa cum laude in English and French from the University of Vermont. She received an M.A. degree in English and a Ph.D. in higher education administration from The Ohio State University. She earned a J.D., cum laude from the Georgetown University Law Center. Prior to joining Rutgers University in 1982, she held professional positions with the U.S. Department of Education and the Carnegie Foundation for the Advancement of Teaching.
Neal H. Hutchens is a Professor and chair in the Higher Education Department, School of Education at the University of Mississippi. Prior to his current appointment, he served as a faculty member at Pennsylvania State University. Hutchens was the 2015 recipient of the William A. Kaplin Award from the Center for Excellence in Higher Education Law and Policy at Stetson University College of Law. He serves on the Litigation Committee for the American Association of University Professors. He is also a past member of the Board of Directors for the Education Law Association.
Hutchens's scholarship has appeared in publications that include the University of Pennsylvania Journal of Constitutional Law, Journal of College and University Law, Counselor Education and Supervision, Kentucky Law Journal, West's Education Law Reporter, Journal of Law and Education, and Journal of Student Affairs Research and Practice. He is on the editorial board for The Review of Higher Education and for Education Law & Policy Review, and is a member of the authors' committee for West's Education Law Reporter.
Neal Hutchens earned a Ph.D. in education policy with a specialization in higher education from the University of Maryland. He has a J.D. from the University of Alabama School of Law, where he graduated summa cum laude and was a member of the Order of the Coif and of the Alabama Law Review.
Jacob H. Rooksby is Dean and Professor of Law at Gonzaga University School of Law in Spokane, Washington, where he also holds appointment as a Professor of Education. In addition to his administrative role, Dean Rooksby has taught courses in torts, intellectual property (IP) subjects, law and higher education, and social media and the law. He formerly practiced law with Cohen & Grigsby, P.C. in Pittsburgh, Pa., and McGuireWoods LLP in Richmond, Va., where he was a member of the firm's IP litigation/patents department and higher education practice team. He also has experience serving as an expert witness in intellectual property litigation.
Dean Rooksby's primary scholarship focus concerns the impact of IP law and policy on higher education. His book on IP law and policy issues in higher education, The Branding of the American Mind, was published in 2016 by Johns Hopkins University Press.
Dean Rooksby holds J.D., M.Ed. (social foundations of education), and Ph.D. (higher education) degrees from the University of Virginia. He earned his undergraduate degree, summa cum laude, in Hispanic studies and government from the College of William & Mary, where he was inducted into Phi Beta Kappa.
General Introduction: The Study of Higher Education Law
In the study of higher education law, as with most learning, it is important to begin with a foundation on which to build. This General Introduction to the Student Version, combined with Chapter 1 that follows, provides this foundation. The materials in the General Introduction have two purposes: (1) to introduce, illustrate, and integrate particular foundational matters that are discussed in greater depth in Chapter 1; and (2) to help students to develop a framework for organizing their thinking about, and integrating, the materials that are contained in the succeeding chapters of this book.
A. The Universe of Education Law
Higher education is part of a broader universe of education law. This universe encompasses not only the law regarding higher and other postsecondary education but also the law regarding “lower” education, that is, elementary and secondary education (K–12) as well as preschool education.1 These “higher” and “lower” sectors can be further divided into public education and private education sectors, as indicated in Figure I.1, thus producing a universe of four quadrants: public higher education, public lower education, private higher education, and private lower education. Finally, the private education quadrants can be subdivided into private education provided by secular institutions and private education provided by religious institutions, as Figure I.1 also indicates. Each sector displayed in Figure I.1 is legally distinct from the other sectors. The boundary lines within the education