Higher Education Law
The course on Higher Education Law will examine the legal principles that largely shape the structure, identity, and character of American public and private colleges and universities. The course is divided into three broad subject areas, each of which will in turn be encompass numerous more specific topics. The sources of law governing each of these areas are numerous, ranging from constitutional law principles (such as the Free Speech, Equal Protection, or Due Process Clauses) to statutory and regulatory regimes (such as Title VII or Title IX) to principles of contract and corporate law, as applied to universities. The course will group the major issues that shape higher education law into three large areas, “Academic Freedom and Due Process”, “Equality and Identity,” and “Governance.” These three arenas are not hermetically sealed off from each other, but rather comprise a network of legal principles that influence the unique legal and cultural character of a modern American university.
Grades will be based on three papers (one for each of the three substantive areas above), and participation in class exercises (such as moot court arguments) throughout the course.
Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.