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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 author finds that these committees are predominantly influenced by members of research institutions and by the researchers themselves. Yet researchers, and their institutions, stand to gain considerable benefits from the experiments they conduct. Dr McNeill argues that committees of review, as they are presently constituted, cannot be relied on to ensure an equitable balance between the interests of researchers and the interests of the human subjects experimented on. He proposes a radically different rationale and model for committee review.
Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. 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. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom If this book isn't on your shelf, it needs to be.
The world is awash in chemicals created by fellow citizens, but we know little to nothing about them. Understanding whether even the most prevalent ones are toxic would take decades. Many people have tragically suffered serious diseases and premature death, including children during development. Why has this occurred? Many factors contribute, but two important ones are the laws permitting this and the manner in which science has been used to identify and assess whether or not products are toxic. Both are the outcome of legislative, corporate, and judicial choices. Congress created laws that in fact keep public health officials and the wider population in the dark about the toxicity of virtually all substances other than prescription drugs and pesticides. Facing considerable ignorance about toxic substances, impartially motivated scientists seeking to protect the public health are constrained by the natural pace of studies to reveal toxic effects. Corporate pressures on public health officials and scientific obstruction substantially heighten the barriers to protecting the public. When people have suffered serious as well as life-threatening diseases likely traceable to toxic substances, judicial errors barring relevant science in the personal injury (tort) law can and have frustrated redress of injustices. Under both public health law and the tort law, there are possibilities for improved approaches, provided public leaders make different and better choices. This book describes these issues and suggests how we could be better protected from myriad toxic substances in our midst.
Issues spawned by the headlong pace of developments in science and technology fill the courts. How should we deal with frozen embryos and leaky implants, dangerous chemicals, DNA fingerprints, and genetically engineered animals? The realm of the law, to which beleaguered people look for answers, is sometimes at a loss—constrained by its own assumptions and practices, Sheila Jasanoff suggests. This book exposes American law’s long-standing involvement in constructing, propagating, and perpetuating a variety of myths about science and technology. Science at the Bar is the first book to examine in detail how two powerful American institutions—both seekers after truth—interact with each other. Looking at cases involving product liability, medical malpractice, toxic torts, genetic engineering, and life and death, Jasanoff argues that the courts do not simply depend on scientific findings for guidance—they actually influence the production of science and technology at many different levels. Research is conducted and interpreted to answer legal questions. Experts are selected to be credible on the witness stand. Products are redesigned to reduce the risk of lawsuits. At the same time the courts emerge here as democratizing agents in disputes over the control and deployment of new technologies, advancing and sustaining a public dialogue about the limits of expertise. Jasanoff shows how positivistic views of science and the law often prevent courts from realizing their full potential as centers for a progressive critique of science and technology. With its lucid analysis of both scientific and legal modes of reasoning, and its recommendations for scholars and policymakers, this book will be an indispensable resource for anyone who hopes to understand the changing configurations of science, technology, and the law in our litigious society.
Medical law is a relatively new area of law. It draws on, and overlaps with, many other areas of law such as tort, family law, human rights and criminallaw. Apart from this hybrid legal basis it is also informed by bioethical theory. This book draws those elements together to form a comprehendible andsuccinct overview. The cases and other relevant material will be linked byshort comments that help to explain their legal relevance. A brief introductionto the ethical principles that govern the provision of healthcare will provide aframework for considering the issues that arise in the cases.