Synopses & Reviews
Synthesizes the research literature on legal issues that arise when school deans and department chairs perform their many duties. Pays particular attention to the judicial process, plus areas of employment, student affairs, and external regulation.
Description
Includes bibliographical references (p. 125-150) and index.
Table of Contents
Foreword Ix
Acknowledgments xi
Introduction 1
The Law, the Courts, and Counsel 5
Types of Legal Issues 5
Internal and External Sources of the Law 8
Deference to Academic and Behavioral Decisions 9
The Distinction between Public and Private Institutions 12
The Attorney-Client Relationship 14
Pretrial and Trial Procedures 17
Individual or Institutional Liability: Authority and Delegation 22
The Employment Relationship with Faculty and Staff 27
Foundations of the Relationship between Employer and Employee 27
Hiring and Promotion Decisions: Equal Protection and Due Process 30
Practical Concerns in Hiring and Promotion 51
Conduct and Misconduct on the Job: Navigating the Employment Relationship 60
Dismissal and Retirement of Faculty and Staff 74
Students in the Academic Setting 85
Contract, Consumerism, and Citizenship 85
Misconduct and Discipline 89
Admissions and Access 93
Students'Records 101
Expression, Organizations, and Publications 103
Institutional Liability 108
Regulation and Oversight in the School and the Department 111
Copyrights, Trademarks, and Patent Law 111
Openness and Disclosure 114
Family and Medical Leave 115
Research and Teaching 116
Taxation and Fundraising 119
Accreditation 121
References 125
Index 151
ASHE-ERIC Higher Education Reports 167
Advisory Board 169
Consulting Editors 171
Review Panel 175
Recent Titles 177
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