NACUA, in cooperation with Professors Kaplin, Lee, Hutchens and Rooksby and with Jossey-Bass, Inc., has created this web page as a service to its members and other users of The Law of Higher Education, 6th Edition (the two-volume treatise, published in April of 2019) and The Law of Higher Education: Essentials for Legal and Administrative Practice, published in July, 2024. Descriptions of these publications are set out immediately below, followed by links to further information about these works. There are also links to the authors’ Updates on recent developments in higher education law; to information about the authors’ supplemental volume of teaching materials (keyed to The Law of Higher Education: Essentials for Legal and Administrative Practice); and to the authors’ Instructor’s Manual for the latter book -- along with suggestions for how to use these books and resources for instructional purposes.
The Law of Higher Education: Essentials for Legal and Administrative Practice
The Law of Higher Education: Essentials for Legal and Administrative Practice
The Law of Higher Education: Essentials for Legal and Administrative Practice was published in July 2024 and is available from Jossey-Bass or Amazon.
This new and expanded edition of the previous Student Version is intended for both practicing attorneys and use in higher education law courses. Updated information is included on Title IX, DACA, affirmative action, and numerous other recent legal developments that affect how colleges and universities function. Information for students is retained from earlier texts while broadening the coverage of significant legal issues with which institutions deal on a daily basis.
Updates to this book will be posted on this website in January and July and will be linked to this webpage. Teaching materials that the authors have prepared (Cases, Problems, and Materials) keyed to this new book, and the Instructors’ Manual for this book will also be linked to this website.
The Law of Higher Education: Essentials for Legal and Administrative Practice was published in July 2024 and is available from Jossey-Bass or Amazon.
Additional Resources for The Law of Higher Education: Essentials for Legal and Administrative Practice
A link to the full Table of Contents
CASES, PROBLEMS, AND MATERIALS FOR USE WITH THE LAW OF HIGHER EDUCATION: ESSENTIALS FOR LEGAL AND ADMINISTRATIVE PRACTICE
Cases, Problems, and Materials (CPM) complements The Law of Higher Education: Essentials for Legal and Administrative Practice. It is designed for use by both instructors and students, and is intended to facilitate and enrich the teaching and learning of education law and educational administration in law schools, graduate schools of education, and professional workshops for both attorneys and administrators.
This resource consists of three parts:
- The Preface explains how the materials are organized and suggests how they might be used.
- Part II includes three types of materials: edited judicial opinions illustrating selected facets of the law’s development; notes and questions to enhance understanding of the cases and their broader law and policy implications; and narrowly focused practice problems (with answer guidelines) that explore the law’s concrete applications to colleges and universities.
- Part II is a series of “large-scale” problem-solving exercises (with review guidelines) whose issues are not confined to a single section or chapter of the main text.
To view a copy of the Preface to Cases, Problems, and Materials, please click here.
To view a copy of the Table of Contents to Cases, Problems, and Materials, please click here.
Instructors who are teaching certain courses or conducting certain professional workshops may download a free electronic copy of CPM from the NACUA website, and also disseminate it to the students or participants, according to the following Terms of Use.
Terms of Use:
(1) An electronic copy of Cases, Problems, and Materials (CPM) is available free of charge to any instructor who has adopted The Law of Higher Education: Essentials for Legal and Administrative Practice as a required course text for students in a higher education law course in a college or university or as a text to be distributed to participants in a professional workshop. Please click here to download a copy of the CPM, which is a Word document of over 1,000 pages.
(2) Once an instructor has downloaded CPM, they may disseminate CPM or portions of it to the students or workshop participants in two ways (with the exception noted in point 5 below): (a) by printing hard copies and providing one copy to each student in the course or participant in the workshop; or (b) by further downloading their electronic copy of CPM to the instructor’s course website, to a university website or electronic reserve for course materials, or to an official workshop web site. For option (b), the downloaded electronic version must be password protected or otherwise accessible only to students registered in the course or participants registered in the workshop.
(3) Whichever way the instructor disseminates CPM, the title page and copyright page must be included at the front of the disseminated materials.
(4) Students and workshop participants may not disseminate CPM, or any portion of it, to any other person either by hard copy or electronically; and the instructor must place a notice to this effect in the course syllabus or workshop materials.
(5) Instructors may disseminate all, or any portions of, CPM, except that they may NOT disseminate Appendix B (“Guidelines for Working on Problems 1-22”) or Appendix C (“Guidelines for Completing Problem-Solving Exercises”). If an instructor uses any of these problems or problem-solving exercises in the course or workshop, however, they may disseminate a hard copy of the related guidelines for each such problem or exercise for feedback after work on it is complete – so long as the title page and Name of the higher education course or workshop
The Law of Higher Education, 6th Edition: The Two-Volume Treatise
The Law of Higher Education, 6th Edition, by William Kaplin, Barbara Lee, Neal Hutchens and Jacob Rooksby was published by Jossey-Bass, Inc. in April 2019. This two-volume work updates and expands the topics and analyses that were included in the Fifth Edition. It also incorporates the latest major developments in higher education law and is current through June 2018, although many sections are current through December, 2018. The treatise is available at this website.