This book examines topics within the intersection of law, policy, and higher education. These topics include governance and authority, premises liability, campus health and safety concerns, student free speech rights, religion and campus policies, student conduct and due process, academic freedom and expressions pursuant to official duties, intercollegiate athletics and rights of players, students struggling with mental health, employee discrimination claims, and intellectual property and commercialization efforts. Besides its comprehensive coverage, this book is captivating and accessible. Specifically, this book offers a compilation of cases, commentaries, articles, policy reports, and other materials to analyze and illustrate key doctrinal legal rules, various legal perspectives, and policy debates on the critical issues tackled in higher education law and policy.
Winner of the 2012 ASHE/CAHEP Barbara Townsend Lecture AwardTo prosper and thrive in an increasingly unpredictable national and global environment, U.S. higher education will need to adapt, innovate, and evolve once again, as it has during every major societal change over the past four centuries.The purpose of this new edition, published a turbulent decade after the first, is to provide institutional leaders -- from department chairs to trustees -- with a broad understanding of the academic enterprise, strategic guidance, and key principles, to assist them in navigating the future and drive the success of their institutions as they confront the unimagined.Recognizing that the hallmark of higher education in the U.S. is the diversity of institution types, each of which is affected differently by external and internal influences, the authors provide examples and ideas drawn from the spectrum of colleges and universities in the not-for-profit sector.This book covers the major functions and constituent departments and units within institutions; the stakeholders from students and faculty through the echelons of administration; the external environment of elected officials, foundations, philanthropists, and the new changing media; and innovations in teaching, technology, data analytics, legal frameworks, as well as economic, demographic, and political pressures.The book is informed by the proposition that adhering to four principles--which the authors identify as having enabled institutions of higher education to successfully navigate ever-changing and volatile pasts--will enable them to flourish in the coming decades:The four principles are:1. Be mission centric by making all key decisions based on a core mission and set of values.2. Be able to adapt to environmental change in alignment with the mission and core values.3. Be committed to democratic ideals by seeking to promote them and modeling democratic practices on and off campus.4. Be models for inclusion, equity, and positive social change.
Winner of the 2012 ASHE/CAHEP Barbara Townsend Lecture Award To prosper and thrive in an increasingly unpredictable national and global environment, U.S. higher education will need to adapt, innovate, and evolve once again, as it has during every major societal change over the past four centuries. The purpose of this new edition, published a turbulent decade after the first, is to provide institutional leaders -- from department chairs to trustees -- with a broad understanding of the academic enterprise, strategic guidance, and key principles, to assist them in navigating the future and drive the success of their institutions as they confront the unimagined. Recognizing that the hallmark of higher education in the U.S. is the diversity of institution types, each of which is affected differently by external and internal influences, the authors provide examples and ideas drawn from the spectrum of colleges and universities in the not-for-profit sector. This book covers the major functions and constituent departments and units within institutions; the stakeholders from students and faculty through the echelons of administration; the external environment of elected officials, foundations, philanthropists, and the new changing media; and innovations in teaching, technology, data analytics, legal frameworks, as well as economic, demographic, and political pressures. The book is informed by the proposition that adhering to four principles--which the authors identify as having enabled institutions of higher education to successfully navigate ever-changing and volatile pasts--will enable them to flourish in the coming decades: The four principles are: 1. Be missioncentric by making all key decisions based on a core mission and set of values. 2. Be able to adaptto environmental change in alignment with the mission and core values. 3. Be committed to democraticideals by seeking to promote them and modeling democratic practices on and off campus. 4. Be models for inclusion, equity, and positive social change.
This book unpacks the tension between free speech and the social justice priority to support all students. Drawing on court cases, institutional policies and procedures, and notable campus practices, this book answers the question: How do campus leaders develop interests of social justice and create a campus that is inclusive and inviting of all identities while also respecting students’ free speech rights? This useful guide provides insights about the myriad of challenges that campus leaders have faced, along with practical approaches to address these issues on their own campuses. Experts Sun and McClellan interrogate the assumptions, thoughts, events, rules, and actions often at-play when free expression clashes with a college’s mission of diversity, inclusion, and social justice. This book helpfully guides campus leaders to consider a series of legal frameworks and promising policies as solutions for balancing social justice and free speech.
This monograph pays special attention to the intellectual propertyof copyrights and patents. It examines how legal parameters,competing interests, and technological advances take shape ineconomic, political, and social contexts that require colleges anduniversities make intellectual property central to theiroperations. Economic, political and social forces are redefining knowledgeas property that can be owned, and institutions of highereducation, as producers of knowledge, are central participants ofthis phenomenon. Debates about intellectual property are rampant,some arguing that knowledge should not become a commodity forexchange, others than intellectual property fosters innovation insociety. What is not debatable is the importance of the law forresolving disputes about intellectual property. Today, the evolving legal context association with intellectualproperty and technological advancements have created competinginterests and demands from individuals, institutions and evennation. The law is often the realm in which these interests anddisputes take place, with more or less satisfying results. Collegesand universities must grapple with not only complex legal issuesbut also the philosophical and political consequences associatedwith the conversation of intellectual acts into property. This is the fourth issue in the 34th volume of the Jossey-Bassseries ASHE Higher Education Report. Each monographin the series is the definitive analysis of a tough highereducation problem, based on thorough research of pertinentliterature and institutional experiences. Topics are identified bya national survey. Noted practitioners and scholars are thencommissioned to write the reports, with experts providing criticalreviews of each manuscript before publication.
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Fifth, academic scientists may assert academic conventions (e.g., peer review) as the standard (or possibly as the preferred) practice through which to evaluate science, even when government challengers question the validity of those conventions. Placed in context of the extant literature, these claims, taken together, suggest that the government officials tried to take actions that exceed their professional competence, specifically as boundary breakers who attempted to infiltrate the jurisdictional responsibilities of the academic scientists. In addition, despite the government officials' attempts to engage in professional boundary-crossing activities, the academic scientists asserted institutionalized practices and standards of the profession (e.g., peer review and open dialogue) and drew on the assistance of external actors (i.e., members of the public and political allies) as countervailing forces to exert control over their research.
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Emotions affect us, and they affect our work. Yet there is a tendency to view the role of emotion in leadership as something that must be under control and out of sight. This presents a gap in leadership practice. Emotional intelligence is one tool for capitalizing on the powerful role of emotions in human interactions for more effective leadership. In this article, we describe the relation-ship between emotions and leadership. We present findings based on data collected from participants in a recently implemented emotional intelligence leader development workshop aimed to increase participants' understanding of emotional intelligence and improve their emotional intelligence skills toward the generation of positive organizational change.