EDAD 610 - Higher Education Law
Starting Point
Starting with these two excellent casebooks:
- College Student & the Courts
- College Administrator & the Courts
These two serial sets provide selected higher court cases arranged by topics with commentary. Each set begins with its first volume called TEXT, which includes introduction, theories and cases analysis helping readers understand the primary issues affecting students or the administration of institution in higher education. The quarterly supplements appear in sequential volumes. The INDEX is located at the back of TEXT. Please note that the index is NOT complete. The printed supplements ceased to be published in mid 2007 due to ownership change. The Index only covers through the first quarter of 2002. For reports within or after 2002, users could use the Table of Contents to locate the interested topics, or use the Lexis/Nexis database to look for similar legal cases.
1) College Student & the Courts
Briefs of selected higher court cases, with commentary, involving student/institutional relationships in higher education reported through Dec. 31, 1985
Library owns:
Text (cases reported through Dec. 31, 1985), and the rest of the quarterly updates: V.13-22 (1986-1994/1995),
V.24-27 (1996/1997-1999/2000), V.28:no.1-3 (2000/2001:Dec.-June), V.29-32 (2001/2002-2004/2005), V.33,
no.1 (2005 Dec.), V.33, no.2 (2006 Mar.), V.33, no. 3 (2006 June), V. 33, no.4 (2006 Sept.), V.33, no.4
(2006 Sept.), V.34, no.1 (2006 Dec.), V.34, no.2 (2007 Mar.), and V.34, no.3 (2007 June)
Location:
Evans Library, first floor, Reference Desk, Call number FEF KF 4232.A59.Y68. 1986
TEXT includes:
- Introduction: Basic information on the coverage of the courts, judicial circuits, constitutional amendments
and how to read a citation
- Chapter I: Basic theories of students/institutional relationships, contractual theory, relationship between
the courts and education, and state action
- Chapter II - XXVI: Primary issues involved in the case. Within each chapter, the cases are listed
chronologically to show the evolution of the law in that area and to provide an appreciation for the
principle of stare decisis (let the decision stand)
- Appendix I- III: Covers federal regulations, glossary and table of cases respectively
- December, 2001 Index: Alphabetical Index page 1508b, Topical Index p.1508g, & Subject Index p. 1508m
[Notes - The differences between Topical index & Subject Index]
TOPICAL INDEX
- arranged by topic. e.g. Admission, Athletics etc. with cases like Party A vs Party B listed chronologically
under each topic. It is helpful if you want to see the cases, especially the evolution of the case law in that
particular area, but it may not be informative enough if you have a specific issue.
SUBJECT INDEX
- arranged by issues under a main topic, e.g. issues like academic freedom, curriculum, degree etc... under
the main subject "Academic Affairs". If you can't find the topic or issue in the topical index, then try
subject index. Since issues are cross-indexed, one may find a case under different subjects.
INDEXES:
For cases through Dec. 31, 1985, see TEXT, Appendix III - Table of Cases, page A-69
For cases from Dec, 1985 to September 2001, see TEXT, Dec. 2001 Index Section, page 1508a
----- [Optional] For cases from Dec. 1985 to Sept. 1991 see V.14-18, page 948a
----- [Optional] For cases from Dec. 1985 to Sept. 1995 see V.19-22, page 1156a
----- Important Note: Indexes are NOT available for V.29 no2, Mar. 2002 through V.34, no.3 (2007 June)
Suggestions: For cases reported within V.29 - V.34, which are NOT indexed, one could use the Table of
Content of each volume to locate the interested topics, or do a legal search with Lexis/Nexis.
STRUCTURE OF THE BRIEFS:
- Primary Issue - e.g. STUDENT HOUSING
- Key Points - e.g. Inter-hall visitation regulations
- Parties Involved / Case citation / court that made the decision - e.g. Futrell v. Ahrens, 540 P. 2d 214
Supreme Court of New Mexico, 1975
- Facts: Summary of the case
- Issue: Putting the issue in a question - e.g. May a college enact a regulation which prohibits visitation by
members of the opposite sex in residence hall rooms without infringing upon a student's First Amendment
right of association...?
- Answer: e.g. Yes.
- Reasoning of the Court: Explaining the answer, the primary issues and how the court made the decisions.
- Additional Comments: Other notes about the case.
=====================================
2) College Administrator & the Courts
Briefs of selected higher court cases, affecting the administration of institutions in higher education, reported
through October, 1986.
Library owns:
"Text", V.11-13 (1988/1989-1990/1991),v.14-17 (1991/1992-1994/1995), v.18:no.1,3 (1995/1996:Apr.,Oct.),
v.19:no.1,3-4 (1996/1997:Apr.,Oct.-Jan.), v.20-22 (1997/1998-1999/2000), v.23:no.1-2,4 (2000/2001),
v.24-28 (2001/2002-2005/2006), v.30, no.1 (2007 Apr.),V.29, no.4 (2007 Jan.), and v.29, no.3 (2006 Oct.)
Location:
Evans Library, first floor, Reference Desk, Call number FEF KF 4225.A59.B45. 1988
TEXT includes:
- Introduction: How to read legal citations, United States Constitutional provisions and United Sates statutes
referred to in this case book.
- Chapter I - VIII: from legal system to major issues related to colleges legal counsel, employment,
affirmative action, public record laws, tort liability or other topics.
- Appendix I at page A-1 includes selected federal statutes and regulations. Appendix II at page A-207
includes glossary.
- Appendix III at page A-211 includes table of cases.
- INDEX at page 1150a covers TEXT as well as the quarterly supplements from April, 1987 through Jan. 2002.
INDEXES:
For cases from April, 1987 to Jan. 2002, see TEXT at page 1150a. There are no indexes after that.
----- [Optional] For cases from April, 1987 to Jan. 1995 see V.14-17 at page 802a.
Suggestions: For cases reported after Jan. 2002, which are NOT indexed, one could use the Table of Content of
each volume to locate the interested topics, or do a legal search with Lexis/Nexis.
STRUCTURE OF THE BRIEFS:
The College Administrator & the Court has the same format of briefs as that in the College Student & the Court
casebook. See Structure of the Briefs in the student casebook described above.
********************************************************************************************
Supplementary Reading and Exercises
==================
HOW TO READ A CASE?
==================
See How to Read a Case, p. 1-1 (College Administrator & the Courts). Basically, the decision is related to the
facts of the case. So grasp the FACTS first, then ask WHAT THE ISSUE IS. This is to determine what the
principles the case stands for. The next questions: how the court RESOLVED THE ISSUE & THEIR REASONING
and WHAT ARE THE RAMIFICATION OF THE OPINION. Note: Opinion does NOT equal decision. An opinion is
the court's explanation for its decision; a decision either affirms or reverses the lower court or tribunal.
PSU also publishes an excellent guide on how to read a legal case:
1. Begin with the name and citation of the case.
2. Is this case being decided by a trial court or an appellate court? (Note: most cases you read will be
appellate cases, because the opinions of trial courts have less precedental value)
3. In the original case, who was the plaintiff and who was the defendant?
4. What was the original complaint? (libel, invasion of privacy, violation of a statute, etc.)
5. What were the facts that led to the complaint?
6. What was the trial court's decision? (who "won" the case)
7. What are the legal questions/issues that are being raised on appeal?
8. What is the present court's decision (is the original decision affirmed, reversed, or remanded?)
9. What rule or test is the court using to decide the outcome? This will relate to the legal question that must
be decided.
10. What reason does the court give for using this rule?
Url: <https://www.courses.psu.edu/comm/comm403_jsb15/howtoreadcase.html>
================================
EXERCISE - How to Use the Case Books
================================
Case Book - College Students & the Courts
1) Familiarize Yourself with the Content and Structure
- Compare the TEXT volume with the rest of the supplement volumes
- Look at the Table of Cases (p. v) to see how cases evolved from a given topic
- Background reading - 1st amendment, 4th amend. 5th amend. 14th amend. Civil rights act of 1871,
education amendments act of 1972, due process, and equal protection (p. ix)
- Background reading - Basic theories of student / Institutional relationship (p.1-1), relationship between
the courts and education, (p. 1-8), State action (p. 1-4) and more.
- Glossary (p. A-67)
- Indexes: alphabetical, topical (topics - cases by date), Subject (topics- subjects by alphabet)
2) Use the alphabetical index to locate some of the following cases:
- Bradshaw v. Rawlings / - Cornell v. Dickerson / - Hopwood v. State of Texas
To determine - What is the case’s citation? / What’s the main issue or issues of the case? What’s the
answer? What reasons were given by the court?
3) Use an appropriate index to find
- cases in which coach’s duty is to CONTROL PLAYERS / PROTECT PLAYERS
- a case of admission denied based on HAIR LENGTH
Case book - College Administrator and the Courts
1) Familiarize Yourself with the Content and Structure
- Compare the TEXT with the rest of the supplement volumes
- Look at Table of Cases to see how cases evolved from a given topic
- Background reading - The legal system (p. 1-5)
- How to Read a Case (p. 1-1) facts > issue > principle the case stands for > opinion/decisions
- Role of College or University Legal Counsel (p. 2-1), Public and Private Colleges / Universities:
Important Distinctions (p. 3-1), and more
- Glossary (p. A-207)
- Indexes: alphabetical, topical (topics - cases by date), Subject (topics- subjects by alphabet)
2) Use the alphabetical index to locate the following cases:
- Lindsey v. Dempsey / - Goldman v. Wayne State University Board of Governors
To determine - What is the case’s citation? / What’s the main issue or issues of the case? What’s the
answer? What reasons were given by the court?
3) Use an appropriate index to find a case involving employment terminated under school district policies which
mandated maternity leave in a specified month of pregnancy
****************************************************************************************
Other Recommended Guides |