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William A. Kaplin and Barbara A. Lee’s The Law of Higher Education, 4th Edition, (LOHE 4th Ed.) , is an essential guide to understanding the field of Higher Education Law. Kaplin and Lee have been updating their two volume treatise on NACUA’s website during the three years since they published LOHE 4th in 2006. Now NACUA has published the comprehensive set of updates in one easy to search supplemental volume.
The 2009 Supplement includes discussions of recent court opinions, statutes, regulations, and related developments, as well as bibliography entries and text cites to selected law journal articles, books, web sites, and other new resources. It also includes an entirely new section on “international academic freedom” and provides extensive treatment of new developments in areas such as:
·Affirmative action in admissions;
·Academic freedom; sexual harassment claims against student athletes;
·Changes made by the Higher Education Opportunity Act;
·Public forum doctrine and regulation of student newspapers;
·Recent amendments to the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA);
·Recent FERPA final regulations;
·Student sexual harassment of teachers;
·Required faculty member psychiatric examinations (i.e. Appel v. Spiridon);
·Noncollegiality criterion for faculty evaluations;
·Tenure denials based on student course evaluations;
·Residence hall search and seizures; trademark law;
·New False Claims Act interpretations.
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