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Author: Amy Gajda
Publisher: Harvard University Press
ISBN: 0674053869
Category :
Languages : en
Pages : 347
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Book Description
Once upon a time, virtually no one in the academy thought to sue over campus disputes, and, if they dared, judges bounced the case on grounds that it was no business of the courts. Not so today. As Amy Gajda shows in this witty yet troubling book, litigation is now common on campus, and perhaps even more commonly feared. This book explores the origins and causes of the litigation trend, its implications for academic freedom, and what lawyers, judges, and academics themselves can do to limit the potential damage.
Author: Amy Gajda
Publisher: Harvard University Press
ISBN: 0674053869
Category :
Languages : en
Pages : 347
Get Book Here
Book Description
Once upon a time, virtually no one in the academy thought to sue over campus disputes, and, if they dared, judges bounced the case on grounds that it was no business of the courts. Not so today. As Amy Gajda shows in this witty yet troubling book, litigation is now common on campus, and perhaps even more commonly feared. This book explores the origins and causes of the litigation trend, its implications for academic freedom, and what lawyers, judges, and academics themselves can do to limit the potential damage.
Author: Emerald Templeton
Publisher: Routledge
ISBN: 9780367490720
Category :
Languages : en
Pages : 0
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Book Description
This book shares advice, how-to's, validations, and cautionary tales based on minoritized students' recent experiences in doctoral studies. From the personal to professional, these words of wisdom and encouragement are useful anecdotes that speak to the practitioner and academic.
Author: Scott M. Gelber
Publisher: JHU Press
ISBN: 1421418843
Category : Business & Economics
Languages : en
Pages : 259
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Book Description
A stunningly original history of higher education law. Conventional wisdom holds that American courts historically deferred to institutions of higher learning in most matters involving student conduct and access. Historian Scott M. Gelber upends this theory, arguing that colleges and universities never really enjoyed an overriding judicial privilege. Focusing on admissions, expulsion, and tuition litigation, Courtrooms and Classrooms reveals that judicial scrutiny of college access was especially robust during the nineteenth century, when colleges struggled to differentiate themselves from common schools that were expected to educate virtually all students. During the early twentieth century, judges deferred more consistently to academia as college enrollment surged, faculty engaged more closely with the state, and legal scholars promoted widespread respect for administrative expertise. Beginning in the 1930s, civil rights activism encouraged courts to examine college access policies with renewed vigor. Gelber explores how external phenomena—especially institutional status and political movements—influenced the shifting jurisprudence of higher education over time. He also chronicles the impact of litigation on college access policies, including the rise of selectivity and institutional differentiation, the decline of de jure segregation, the spread of contractual understandings of enrollment, and the triumph of vocational emphases.
Author: Alicia Ely Yamin
Publisher: Harvard University Press
ISBN: 0986106208
Category : Law
Languages : en
Pages : 446
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Book Description
The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.
Author: John C. Coffee
Publisher: Harvard University Press
ISBN: 0674736796
Category : History
Languages : en
Pages : 318
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Book Description
In class actions, attorneys effectively hire clients rather than act as their agent. Lawyer-financed, lawyer-controlled, and lawyer-settled, this entrepreneurial litigation invites lawyers to act in their own interest. John Coffee’s goal is to save class action, not discard it, and to make private enforcement of law more democratically accountable.
Author: Klinton W. Alexander
Publisher: Routledge
ISBN: 1136937838
Category : Education
Languages : en
Pages : 744
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Book Description
Written for graduate students studying the law pertaining to the governance of colleges and universities, American College and University Law comprehensively covers the law arising from actual conflicts on United States campuses.
Author: Klinton W. Alexander
Publisher: Routledge
ISBN: 131720610X
Category : Education
Languages : en
Pages : 1248
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Book Description
This fully revised and updated textbook weaves law into its historical, political, and sociological context, while providing clear explanation of the law as it applies to American colleges and universities. This text draws exclusively on federal and state cases emerging from campuses and includes helpful pedagogical elements--such as chapter outlines, questions for discussion, side bars, text boxes, research aids, and summation of law--to equip readers with the tools and knowledge to effectively respond in an environment of increasing litigation. Addressing a gap in the literature, this new edition provides a comprehensive and accessible understanding of the latest laws relevant to higher education and student affairs administrators. New In This Edition: Explanation and streamlining of old case law. New cases throughout covering recent developments in: student loan debt, student safety, Internet speech, affirmative action, discrimination, Greek life, issues relating to new technology, non-faculty employees, campus police, and athletics. Revised explanation on student and college costs. Expanded examination of the idea of academic freedom
Author: Stanley Fish
Publisher: University of Chicago Press
ISBN: 022606431X
Category : Education
Languages : en
Pages : 178
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Book Description
Advocates of academic freedom often view it as a variation of the right to free speech and an essential feature of democracy. Stanley Fish argues here for a narrower conception of academic freedom, one that does not grant academics a legal status different from other professionals. Providing a blueprint for the study of academic freedom, Fish breaks down the schools of thought on the subject, which range from the idea that academic freedom is justified by the common good or by academic exceptionalism, to its potential for critique or indeed revolution. Fish himself belongs to what he calls the It s Just a Job school: while academics need the latitude call it freedom if you like necessary to perform their professional activities, they are not free in any special sense to do anything but their jobs. Academic freedom, Fish argues, should be justified only by the specific educational good that academics offer. Defending the university in all its glorious narrowness as a place of disinterested inquiry, Fish offers a bracing corrective to academic orthodoxy."
Author: Gerald Graff
Publisher: Yale University Press
ISBN: 0300132018
Category : Education
Languages : en
Pages : 319
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Book Description
Gerald Graff argues that our schools and colleges make the intellectual life seem more opaque, narrowly specialized, and beyond normal learning capacities than it is or needs to be. Left clueless in the academic world, many students view the life of the mind as a secret society for which only an elite few qualify. In a refreshing departure from standard diatribes against academia, Graff shows how academic unintelligibility is unwittingly reinforced not only by academic jargon and obscure writing, but by the disconnection of the curriculum and the failure to exploit the many connections between academia and popular culture. Finally, Graff offers a wealth of practical suggestions for making the culture of ideas and arguments more accessible to students, showing how students can enter the public debates that permeate their lives.
Author: Samantha Bernstein-Sierra
Publisher: John Wiley & Sons
ISBN: 1119377749
Category : Education
Languages : en
Pages : 103
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Book Description
Explore the different forms that intellectual property (IP) has taken in higher education in recent years and how to navigate the changing landscape for faculty members and university administrators. Due to technological advancements and the rise of neo-liberal policies influenced by academic capitalism, faculty members are finding their rights being renegotiated, often without their input. Through patents, copyrights, distance education programs and MOOCS, universities and publishers are seeking to gain a competitive advantage in a market largely dominated by profit generation. All this is putting the university’s public mission in tension with increasingly profit-driven university management practices. This volume: Presents policy trends in university IP regulation over the past 40 years, Examines the utility of IP rights in higher education, Considers the implications of knowledge ownership in the academic profession. and Details the IP barriers that faculty encounter when attempting to share their work. This is the 177th volume of the Jossey-Bass quarterly report series New Directions for Higher Education. Addressed to presidents, vice presidents, deans, and other higher education decision makers on all kinds of campuses, it provides timely information and authoritative advice about major issues and administrative problems confronting every institution.
