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Law and Higher Education
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Law and Higher Education

A special issue of Laws (ISSN 2075-471X).

Deadline for manuscript submissions: closed (15 October 2018) | Viewed by 21604

Special Issue Editor

Prof. Dr. Jacob H. Rooksby

E-Mail Website
Guest Editor
School of Law, Gonzaga University, Spokane, WA 99258, USA
Interests: intellectual property law; higher education law & policy; tort law

Special Issue Information

Dear Colleagues,

Higher education is a site of recurrent political contest and social debate. What is the purpose of the university? How, for whom, and for what do we educate? What should be the state’s relationship with higher education’s activities? What is the public’s interest in the future of higher education? In what ways does higher education further the public good?

Behind each of these questions lies a complex landscape shaped by existing laws, the specter of prospective laws, and the threat of private interest vindication through civil lawsuits. This reality provides the reason for this Special Issue, which gives academics an opportunity to explore a variety of different topics on the forefront of law and higher education, across national contexts.

This Special Issue seeks articles that focus on any legal, theoretical, regulatory, comparative, or policy issue with legal ramifications in higher education. Particularly welcomed are articles that frame their contributions through the lens of academic capitalism or the global turn toward neoliberalism in higher education.

Possible topics for the Special Issue include, but are not limited to: Faculty and student academic freedom in the age of social media; controversial speakers, “trigger warnings,” and “safe spaces”; faculty unionization efforts; tenure disputes and the adjunctification of the professoriate; the professionalization of intercollegiate athletics; intellectual property policies and technology transfer practices; digital humanities and institutional archives; Title IX and gender equity, particularly in non-athletic programs; campus rape and informed consent; student privacy and security; changing regulations of for-profit higher education; governmental oversight and social accountability; accommodations and rights of the disabled; foreign study programs and tort liability; gender and sexual orientation discrimination of students, faculty, and staff; racial diversity and affirmative action; public finance, private philanthropy, and alumni relations; state, regional, and professional accreditation; board governance and fiduciary duties; executive compensation and executive search; and religious organizations in higher education.

Prof. Jacob H. Rooksby
Guest Editor

Manuscript Submission Information

Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All papers will be peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.

Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access semimonthly journal published by MDPI.

Please visit the Instructions for Authors page before submitting a manuscript. Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.

Keywords

  • Higher education

  • Title IX

  • Intercollegiate athletics

  • For-profit education

  • Technology transfer

  • Tenure

  • Student rights

  • Academic freedom

  • Tort liability

  • Discrimination

Published Papers (3 papers)

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Research

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14 pages, 222 KiB  
Article
Expanding the Rights of Student Religious Groups on College and University Campuses: The Implications of Trinity Lutheran Church v. Comer
by William Thro and Charles Russo
Laws 2018, 7(1), 11; https://doi.org/10.3390/laws7010011 - 16 Mar 2018
Viewed by 3682
Abstract
In Trinity Lutheran Church v. Comer, the U.S. Supreme Court established a new constitutional rule. While the exact breadth of the rule remains in doubt, the new jurisprudential principle appears to be as follows—except where such actions would violate the Establishment Clause, [...] Read more.
In Trinity Lutheran Church v. Comer, the U.S. Supreme Court established a new constitutional rule. While the exact breadth of the rule remains in doubt, the new jurisprudential principle appears to be as follows—except where such actions would violate the Establishment Clause, the Free Exercise Clause prohibits constitutional actors from conferring or denying benefits solely because of individuals’ or entities’ religious exercises. As discussed in this article, this rule has immediate, long-term ramifications for constitutional jurisprudence, particularly as applied to religious freedom. In light of the potential changes it may engender, the purpose of this three-part article is to provide an overview of Trinity Lutheran and its expansion of rights for student religious groups on the campuses of public college and universities. Full article
(This article belongs to the Special Issue Law and Higher Education)
649 KiB  
Article
Human Trafficking and Study Abroad
by Taylor S. Parker
Laws 2017, 6(3), 14; https://doi.org/10.3390/laws6030014 - 18 Aug 2017
Cited by 2 | Viewed by 6145
Abstract
There are many risks that students face while abroad; from tragic accidents, illness, and disease to becoming victims of violent crimes. Human trafficking is an international threat facing everyone. While victims of human trafficking come from all walks of life, in particular, individuals [...] Read more.
There are many risks that students face while abroad; from tragic accidents, illness, and disease to becoming victims of violent crimes. Human trafficking is an international threat facing everyone. While victims of human trafficking come from all walks of life, in particular, individuals belonging to vulnerable populations are often targeted for this method of exploitation. Cultural competency, language barriers, and ignorance as to resources are all factors which contribute to the increased vulnerability of students studying abroad. An institution providing opportunities for international study should develop an effective approach to mitigate the risk of human trafficking through programs designed to enable students to protect themselves and others effectively. This paper comments on best practices for risk management, and explores different avenues and relevant law for increased transparency in study abroad risk. Full article
(This article belongs to the Special Issue Law and Higher Education)
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33 pages, 281 KiB  
Conference Report
A Primer on Disability Discrimination in Higher Education
by Laura Rothstein
Laws 2018, 7(3), 25; https://doi.org/10.3390/laws7030025 - 28 Jun 2018
Cited by 5 | Viewed by 11254
Abstract
This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators [...] Read more.
This article provides an overview of key issues and a focus on some of the most significant and important recent developments that should be given a high priority by university attorneys and higher education administrators and policymakers. It emphasizes the role that administrators responsible for facilitating or coordinating disability services on campus can play in ensuring that faculty members, staff members, and other administrators have the knowledge and tools to ensure access and also to avoid liability to the institution. Major changes in the Trump administration and Congress may signal changes that could affect disability discrimination issues on campus. These changes include changed regulatory guidance, reduced appropriations (including ripple effects from funding for veterans and vocational rehabilitation), and enforcement approaches. While repeal of the ADA is unlikely, regulatory activities might affect its impact. Full article
(This article belongs to the Special Issue Law and Higher Education)
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