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Law & Education: Higher Education

B658 is taught by J. Gaines

Colleges and universities are like micro-cities. Many have their own police force, transportation, facilities, housing, dining and health care systems. Institutions of higher learning are governed by an overlapping, broad system of internal rules and policies as well as federal, state, local law, and administrative law. A wide variety of practice areas and subjects are applicable in the higher education setting such as: alternative dispute resolution; labor and employment law; contract law; constitutional law; civil rights law; risk management; and agency law. The Legal Aspects of Higher Education Course will introduce students to the legal and ethical issues American colleges and universities face.

By engaging in interactive exercises, readings, and class discussions, students will learn to: (1) identify legal issues and formulate solutions to the same orally and in writing; (2) describe key principles of higher education policy and apply the same to legal issues; (3) access and apply applicable federal and state law to solve legal problems; and (4) help university faculty and staff reduce legal exposure for themselves, their departments, and the university. A central theme of the course is how to navigate the tension between the competing rights and responsibilities of the institution, its employees, and its students. Students will complete three short writing assignments throughout the semester that are practical in nature (i.e., demand letter; opinion letter; and interoffice memorandum).

This course helps fulfill the requirements for the JD Minor in Education Policy but is also open to all upper-level JD students. The class will meet virtually on Wednesdays from 5:35-7:35 pm.