The Law of Higher Education. William A. Kaplin

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Problems, and Materials are on the NACUA Web site (https://www.nacua.org/resource-library/resources-by-type/the-law-of-higher-education-6th-edition).

      The authors, in cooperation with the publisher, have made arrangements for two types of periodic updates for the Student Version (and the full 6th Edition) of The Law of Higher Education. First, the National Association of College and University Attorneys (NACUA) has generously agreed to host a website for the Student Version and the full 6th Edition to provide periodic postings of new developments and clarifications that update and supplement both books. This website is available to all readers and may be accessed through the NACUA website (https://www.nacua.org/resource-library/resources-by-type/the-law-of-higher-education-6th-edition). These updating services are intended as a response to the law's dynamism—to the rapid and frequent change that occurs as courts, legislatures, government agencies, and private organizations develop new requirements, revise or eliminate old requirements, and devise new ways to regulate and influence institutions of higher education.

      The crosswalk below directs interested readers from particular sections of the Student Version to the parallel section or sections in The Law of Higher Education, Sixth Edition. Since LHE 6th is a larger work (2 volumes), it contains more citations of resources and more case examples than the Student Version. This additional material in LHE 6th may be useful to instructors preparing classes and to students engaging in research or independent study. In addition, LHE 6th includes various sections covering topics—usually specialized topics of primary interest to practitioners—that are not treated in the Student Version. Although these additional sections in LHE 6th are not shown on this crosswalk, interested readers may view the entire Table of Contents of LHE 6th by going to the NACUA website that supports LHE 6th and the Student Version (see “Notice of webSite and Periodic Supplements,” previously in the front matter).

Student Version LHE 6th Edition
Section Numbers Section Numbers
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
PART ONE PERSPECTIVES AND FOUNDATIONS
1 Overview of Higher Education Law
1.1 How Far the Law Reaches and How Loudly It Speaks 1.1
1.2 Evolution of Higher Education Law 1.2
1.3 The Governance of Higher Education 1.3
1.3.1 Basic concepts and distinctions 1.3.1
1.3.2 Internal governance 1.3.2
1.3.3 External governance 1.3.3
1.4 Sources of Higher Education Law 1.4
1.4.1 Overview 1.4.1
1.4.2 External sources of law 1.4.2
1.4.2.1 Federal and state constitutions 1.4.2.1
1.4.2.2 Statutes 1.4.2.2
1.4.2.3 Administrative rules and regulations 1.4.2.3
1.4.2.4 State common law 1.4.2.4
1.4.2.5 Foreign and international law 1.4.2.5
1.4.3 Internal sources of law 1.4.3
1.4.3.1 Institutional rules and regulations 1.4.3.1
1.4.3.2 Institutional contracts 1.4.3.2
1.4.3.3 Academic custom and usage 1.4.3.3
1.4.4 The role of case law 1.4.4
1.4.5 Researching case law 1.4.4
1.5 The Public-Private Dichotomy 1.5
1.5.1 Overview 1.5.1
1.5.2 The state action doctrine

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