Now also available, directly from NACUA:

YEAR 2009 CUMULATIVE SUPPLEMENT TO THE LAW OF HIGHER EDUCATION

FOURTH EDITION (treatise)

 and

 YEAR 2009 CUMULATIVE SUPPLEMENT TO THE LAW OF HIGHER EDUCATION

FOURTH EDITION: STUDENT VERSION

(SEE BELOW)

HOW THIS WEBSITE WORKS

NACUA, in cooperation with Professors Kaplin and Lee 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, 4th Edition (the 2 vol. treatise), the Student Edition, the Student Affairs volume, and the respective supplements to these books. Descriptions of these publications are set out immediately below, followed by links to further information about these works and to the authors’ updates for each of the works. There are also links to information about the authors’ supplemental volumes of teaching materials (one volume keyed to the treatise and another volume keyed to the Student Edition) and the authors’ Instructor’s Manual for the Student Edition, along with suggestions for how to use these books and resources for instructional purposes.

THE TWO-VOLUME TREATISE

The Law of Higher Education, 4th Edition, by William Kaplin and Barbara Lee, was published by Jossey-Bass, Inc. in August 2006.  This two-volume work updates and expands the topics and analyses that were included in the Third Edition and in the Year 2000 Cumulative Supplement to the Third Edition. It also incorporates the latest major developments in higher education law and is current through March 2006. The treatise is available from the   Jossey-Bass website (not NACUA) or by calling: 1-800-956-7739.

THE STUDENT EDITION

A paperback student edition of Kaplin and Lee’s treatise was published by Jossey-Bass, Inc. in July 2007. This text, The Law of Higher Education Fourth Edition: Student Version, contains all the material from the 2-vol. work that is of most interest to instructors and students, along with various enhancements that the authors have added specifically to facilitate the book’s use for instructional purposes. The student edition is available from the Jossey-Bass website (not NACUA) or by calling: 1-800-956-7739. 

THE STUDENT AFFAIRS BOOK

An adaptation of Kaplin and Lee’s treatise, specifically for student affairs professionals, was published by Jossey-Bass, Inc. in the spring of 2009. This book, A Legal Guide for Student Affairs Professionals, contains all the material from the 2-vol. work that is pertinent to student affairs – reorganized, re-edited, and updated to maximize usefulness for these professionals. The student affairs book is available from the Jossey-Bass website (not NACUA) or by calling: 1-800-956-7739.

THE NEW SUPPLEMENT TO THE TWO-VOLUME TREATISE

William A. Kaplin and Barbara A. Lee’s  The Law of Higher Education, 4th Edition, (LOHE 4^th), is the essential guide to understanding the field of Higher Education Law (see above). Kaplin and Lee have been updating their two-volume treatise on NACUA’s website during the three years since they published LOHE 4^th in 2006. Now NACUA has published the comprehensive set of updates in one easy to search supplemental volume.

The Year 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.

The publication is available directly from NACUA (not Jossey-Bass) for the price of $60. For more information, follow this link to the order form.

This Supplement 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 in teaching;
• Sexual harassment claims against student athletes;
• Public forum doctrine;
• 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;
• Noncollegiality criterion for faculty evaluations;
• Tenure denials based on student course evaluations;
• Residence hall search and seizures;
• Trademark law; and new False Claims Act interpretations.

THE NEW SUPPLEMENT TO THE STUDENT EDITION

William A. Kaplin and Barbara A. Lee’s The Law of Higher Education Fourth Edition: Student Version, (LOHE 4^th Ed SV.), is the essential guide for students to help them understand the field of Higher Education Law (see above). The authors have been updating this volume on NACUA’s website. Now NACUA has published a comprehensive updated supplement to the Student Edition.

This Year 2009 Cumulative Supplement to the Student Version 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.

The publication is available directly from NACUA, (not Jossey-Bass) for the price of $35. For more information, follow this link to the order form.

This Year 2009 Student Version Supplement 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 in teaching;
• Sexual harassment claims against student athletes;
• Public forum doctrine;
• 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;
• Required faculty member psychiatric examinations;
• Residence hall search and seizures;

ADDITIONAL RESOURCES

Additional Resources for The Law of Higher Education, Fourth Edition (the 2. vol. treatise):

• A link to the full Table of Contents of The Law of Higher Education, Fourth Edition;

• A link to the Jossey-Bass website to facilitate ordering a copy of the Fourth Edition;

• A link to the full Table of Contents for the Year 2009 Cumulative Supplement to the Fourth Edition;

• A link to the NACUA order form;

• A link to the authors' Cases, Problems, and Materials for Use with The Law of Higher Education, Fourth Edition

• A link to the authors' periodic postings of updates, clarifications, errata, and new bibliography for the treatise and the 2009 Supplement to the treatise;

Additional Resources for The Law of Higher Education Fourth Edition: Student Version:

• A link to the full Table of Contents of The Student Version;

• A link to a Crosswalk from The Student Version to the 2 vol. treatise and a Crosswalk from The Student Version supplement to the treatise;

• A link to the Jossey-Bass website to facilitate ordering a copy of The Student Version;

• A link to the full Table of Contents for the Year 2009 Cumulative Supplement to The Student Version;

• A link to the NACUA order form;

• A link to the authors' Instructor's Manual for The Student Version;

• A link to the authors' Cases, Problems, and Materials for Use with The Law of Higher Education, Fourth Edition: Student Version;

• A link to the authors' periodic postings of updates, clarifications, errata, and new bibliography for The Student Version and the Supplement to The Student Version;

Additional Resources for A Legal Guide for Student Affairs Professionals:

• A link to the full Table of Contents of the Student Affairs book;

• A link to the Jossey-Bass website to facilitate ordering a copy of the Student Affairs book;

• A link to the authors' periodic postings of updates, clarifications, errata, and new bibliography for the Student Affairs book;

Additional Resources for All Volumes:

• A link to NACUA Publications

Which Materials to Use for Teaching?

• Instructors using the two-volume Law of Higher Education, 4th Edition, as a course text should request the Cases, Problems, and Materials for Use with the Law of Higher Education, 4th Edition (follow link above).

• Instructors using the Student Edition as a course text should request the Cases, Problems, and Materials for Use with The Law of Higher Education Fourth Edition: Student Version (follow link above).

• Instructors who are using the Student Edition as a course text, but have purchased the 2 volume treatise for their own use as a course resource, should request the Cases, Problems, and Materials for the Student Version. Because the Student Version is shorter, its chapters and section numbers differ from those in the treatise, and the materials in the CPM for the Student Version are keyed to the chapters and section numbers in the Student Version. To assist instructors (and students) using the treatise as an additional resource, the authors have provided a Crosswalk from the Student Version to the treatise (see links to additional resources, above). The Crosswalk also appears in the front of the Student Version, with a supplementary Crosswalk in the 2009 Supplement to the Student Version.

• For instructors who choose to use the Legal Affairs book.as a course text, there is no CPM keyed specifically to that book. Such instructors, however, may obtain a copy of either the CPM for the treatise or the CPM for the Student Edition. A review of the table of contents of either set of teaching materials should reveal edited cases, notes and questions, problems, and large scale problem exercises that could be used selectively in conjunction with the Student Affairs text.