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 law universe thus represent important legal distinctions—distinctions undergirding legal analysis of education law problems. (For an example, see State ex rel. Gallwey v. Grimm, 48 P.3d 274, 279–84 (Wash. S. Ct., 2002) [state constitution's restriction on state funding of “schools” does not apply to higher education].) Because the applicable sources of law (Section 1.4 of this book), the legal reasoning, and the results or conclusions reached may differ from one sector to another, it is important to begin analysis of each judicial opinion by determining the sector of the education law universe with which it deals. Similarly, when first approaching a new issue or problem, it is important to ascertain its location within this universe.
Figure I.1 The Education Law Universe
In a higher education law course, therefore, one would ask: Does this case or problem deal with public higher education or with private higher education? (See Section 1.5 of this book for discussion of this distinction.) If it is private higher education, then one would ask: Does this case or problem deal with secular higher education or with religious higher education? (See Section 1.6 for discussion of this distinction.) To further expand understanding, one could also ask whether the problem or case would be reasoned or resolved differently—and why—if it had involved private rather than public (or public rather than private) higher education, or had involved religious rather than secular (or secular rather than religious) higher education. Finally, for the broadest perspective, one might ask whether the case or problem would be reasoned
