Acknowledgments xi

Introduction 1

The Law, the Courts, and Counsel 5

Types of Legal Issues 5

Internal and External Sources of the Law 8

Deference to Academic and Behavioral Decisions 9

The Distinction between Public and Private Institutions 12

The Attorney-Client Relationship 14

Pretrial and Trial Procedures 17

Individual or Institutional Liability: Authority and Delegation 22

The Employment Relationship with Faculty and Staff 27

Foundations of the Relationship between Employer and Employee 27

Hiring and Promotion Decisions: Equal Protection and Due Process 30

Practical Concerns in Hiring and Promotion 51

Conduct and Misconduct on the Job: Navigating the Employment Relationship 60

Dismissal and Retirement of Faculty and Staff 74

Students in the Academic Setting 85

Contract, Consumerism, and Citizenship 85

Misconduct and Discipline 89

Admissions and Access 93

Students'Records 101

Expression, Organizations, and Publications 103

Institutional Liability 108

Regulation and Oversight in the School and the Department 111

Copyrights, Trademarks, and Patent Law 111

Openness and Disclosure 114

Family and Medical Leave 115

Research and Teaching 116

Taxation and Fundraising 119

Accreditation 121

References 125

Index 151

ASHE-ERIC Higher Education Reports 167

Advisory Board 169

Consulting Editors 171

Review Panel 175

Recent Titles 177

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