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Make sure you have a copy on your bookshelf. The Law of Higher Education, Fifth Edition, is the most up-to-date and comprehensive reference, research source, and practical legal guide for college and university administrators, campus attorneys, legal counsel, and institutional researchers, addressing all the major legal issues and regulatory developments in higher education. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year. Over 3,000 new cases related to higher education have been decided since the publication of the previous edition, and scores of changes to higher education law are made each year. Every section of the fifth edition contains new material, including those related to: Hate speech and free speech rights of faculty in public universities Sharing of research with international colleagues Intellectual property and peer-to-peer file sharing Student suicide Campus safety Police and administrators’ right to search students’ residence hall rooms Governmental support for religious institutions and religious autonomy rights of individual public institutions Collective bargaining and antidiscrimination laws Nondiscrimination and affirmative action in employment, admissions, and financial aid Family and Medical Leave Act and workers’ compensation FERPA (Family Educational Rights and Privacy Act)
As the United States experiences dramatic demographic change--and as our society's income inequality continues to rise--promoting racial, ethnic, and economic inclusion at selective colleges has become more important than ever. At the same time, however, many Americans--including several members of the U.S. Supreme Court--are uneasy with explicitly using race as a factor in college admissions. The Court's decision in Fisher v. University of Texas emphasized that universities can use race in admissions only when "necessary," and that universities bear "the ultimate burden of demonstrating, before turning to racial classifications, that available, workable race-neutral alternatives do not suffice." With race-based admission programs increasingly curtailed, The Future of Affirmative Action explores race-neutral approaches as a method of promoting college diversity after Fisher decision. The volume suggests that Fisher might on the one hand be a further challenge to the use of racial criteria in admissions, but on the other presents a new opportunity to tackle, at long last, the burgeoning economic divisions in our system of higher education, and in society as a whole. Contributions from: Danielle Allen (Princeton); John Brittain (University of the District of Columbia) and Benjamin Landy (MSNBC.com); Nancy Cantor and Peter Englot (Rutgers-Newark); Anthony P. Carnevale, Stephen J. Rose, and Jeff Strohl (Georgetown University); Dalton Conley (New York University); Arthur L. Coleman and Teresa E. Taylor (EducationCounsel LLC); Matthew N. Gaertner (Pearson); Sara Goldrick-Rab (University of Wisconsin-Madison); Scott Greytak (Campinha Bacote LLC); Catharine Hill (Vassar); Richard D. Kahlenberg (The Century Foundation); Richard L. McCormick (Rutgers); Nancy G. McDuff (University of Georgia); Halley Potter (The Century Foundation); Alexandria Walton Radford (RTI International) and Jessica Howell (College Board); Richard Sander (UCLA School of Law); and Marta Tienda (Princeton).
An eminent authority presents a new perspective on affirmative action in a provocative book that will stir fresh debate about this vitally important issue
For some time, the United States has been engaged in a national debate over affirmative action policy. A policy that began with the idea of creating a level playing field for minorities has sparked controversy in the workplace, in higher education, and elsewhere. After forty years, the debate still continues and the issues are as complex as ever. While most Americans are familiar with the term, they may not fully understand what affirmative action is and why it has become such a divisive issue. With this concise and up-to-date introduction, J. Edward Kellough brings together historical, philosophical, and legal analyses to fully inform participants and observers of this debate. Aiming to promote a more thorough knowledge of the issues involved, this book covers the history, legal status, controversies, and impact of affirmative action in both the private and public sectors -- and in education as well as employment. In addition, Kellough shows how the development and implementation of affirmative action policies have been significantly influenced by the nature and operation of our political institutions. Highlighting key landmarks in legislation and court decisions, he explains such concepts as "disparate impact," "diversity management," "strict scrutiny," and "representative bureaucracy." Understanding Affirmative Action probes the rationale for affirmative action, the different arguments against it, and the known impact it has had. Kellough concludes with a consideration of whether or not affirmative action will remain a useful tool for combating discrimination in the years to come. Not just for students in public administration and public policy, this handy volume will be a valuable resource for public administrators, human resource managers, and ordinary citizens looking for a balanced treatment of a controversial policy.
This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues
The debate over affirmative action has raged for over four decades, with little give on either side. Most agree that it began as noble effort to jump-start racial integration; many believe it devolved into a patently unfair system of quotas and concealment. Now, with the Supreme Court set to rule on a case that could sharply curtail the use of racial preferences in American universities, law professor Richard Sander and legal journalist Stuart Taylor offer a definitive account of what affirmative action has become, showing that while the objective is laudable, the effects have been anything but. Sander and Taylor have long admired affirmative action's original goals, but after many years of studying racial preferences, they have reached a controversial but undeniable conclusion: that preferences hurt underrepresented minorities far more than they help them. At the heart of affirmative action's failure is a simple phenomenon called mismatch. Using dramatic new data and numerous interviews with affected former students and university officials of color, the authors show how racial preferences often put students in competition with far better-prepared classmates, dooming many to fall so far behind that they can never catch up. Mismatch largely explains why, even though black applicants are more likely to enter college than whites with similar backgrounds, they are far less likely to finish; why there are so few black and Hispanic professionals with science and engineering degrees and doctorates; why black law graduates fail bar exams at four times the rate of whites; and why universities accept relatively affluent minorities over working class and poor people of all races. Sander and Taylor believe it is possible to achieve the goal of racial equality in higher education, but they argue that alternative policies -- such as full public disclosure of all preferential admission policies, a focused commitment to improving socioeconomic diversity on campuses, outreach to minority communities, and a renewed focus on K-12 schooling -- will go farther in achieving that goal than preferences, while also allowing applicants to make informed decisions. Bold, controversial, and deeply researched, Mismatch calls for a renewed examination of this most divisive of social programs -- and for reforms that will help realize the ultimate goal of racial equality.
Debates surrounding Affirmative Action, the public policies and initiatives designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin, have raged for years. In his book, Professor Farron examines the history of affirmative action and exposes the fraudulent nature of its justification. The Affirmative Action Hoax centers on universities where academic achievement can be clearly compared and where affirmative action generates intense controversy. The Affirmative Action Hoax offers an uninhibited examination of the practice and exposes the damage it causes to society.
Each volume of this series contains all the important Decisions and Orders issued by the National Labor Relations Board during a specified time period. The entries for each case list the decision, order, statement of the case, findings of fact, conclusions of law, and remedy.
Why is affirmative action under attack? What were the policys original purposes, and have they been achieved? What are the arguments being arrayed against it? Andfor all stakeholders concerned about equity and diversity on campus whats the way forward, politically, legally and practically? This book engages all these issues.