Copyright

Copyrights are intangible rights granted by the federal Copyright Act to authors or creators of original artistic or literary works that can be fixed in a tangible means of expression such as hard copies, electronic files, videos, or audio recordings.

Contracts

Contracts are legally enforceable agreements between two or more parties to perform obligations resulting from bargained-for exchanges.

Consent Decree

Consent decrees in educational disputes are negotiated equitable agreements between plaintiffs and defendants in elementary and secondary school settings and in higher education.

Common Law

The evolution of the common law began when Henry II established a system of English royal courts in 1166. These courts employed juries and were presided over by circuit-riding judges.

Civil Rights Movement

The civil rights movement, a decades-long effort to win equitable treatment for African Americans and other groups underrepresented in American society, is described chronologically in this entry.

Civil Law

In the U.S. legal system, civil law is the branch of law concerning disputes between individuals and/or organizations, where a judgment can be the requirement of action, the cessation of action, and/or monetary payments from one party to another.

Bureaucracy
Public bureaucracies were created historically to implement legislation through delegated power in all types of political regimes, whether democratic, monarchic, republican, or dictatorial.
Authority Theory
Authority is a ubiquitous term, used commonly to refer to those who can command obedience and have decision-making power, either as individuals or as officials acting on behalf of agencies.
Attorney Fees
Attorney fees are an incidental, generally necessary, but usually expensive cost of litigation, unless attorneys agree to provide representation voluntarily.
Civil Assault and Battery
Assault and battery are closely related intentional torts that are distinguished from one another by the presence or absence of physical contact.
Zoning
Zoning and land use laws promote the common good in attempting to balance the authority of officials in local municipalities to control the impact of growth and development of college and university campuses in and near their communities with the interests of the educational institutions.
U.S. Supreme Court Cases in Higher Education
The relationship between the law and higher education institutions, as well as that between the law and those institutions’ faculties, students, administrations, and governing boards, has changed dramatically throughout the history of higher education in the United States.
Tenure
Tenure was designed to prevent the dismissal of educators by arbitrary or capricious actions of educational officials.
Tax Exemptions for Colleges and Universities
Tax exemptions often refer to exclusions from responsibility for paying property taxes on buildings and grounds owned or used by colleges and universities.
Student Moral Development
Educators expect students to recognize and respect legal boundaries in higher education environments.
Intellectual Property
Intellectual property includes literary or artistic works, inventions, business methods, industrial processes, logos, and product designs.
Hate Crimes
The presence of bias-motivated crime, or hate crime, on college and university campuses is a reality in today’s cultural landscape.
Equal Protection Analysis: Law and Higher Education

Although the concept of equal protection of the laws is not mentioned in the original U.S. Constitution as drafted and ratified, this idea has become an important constitutional concept, especially in the world of higher education.

Due Process, Substantive and Procedural: Law and Higher Education

Affording persons or organizations “due process” basically means to conduct legal proceedings with fairness in both content and procedure.

Disparate Impact: Law and Higher Education

The theory of disparate impact, also known as “adverse impact,” allows challenges to employment or educational practices that are nondiscriminatory on their face but that have a disproportionately negative effect on members of legally protected groups.

Copyright: Law and Higher Education

Copyrights, a topic of considerable interest to faculty, staff, and students at institutions of higher learning, are intangible rights granted by the federal Copyright Act to authors or creators of original artistic or literary works that can be fixed in tangible media of expression such as hard copy, electronic files, videos, or audio recordings.

Conflict of Interest: Law and Higher Education

Conflict of interest, like its sibling conflict of commitment, is a complex and important branch of employee ethics in higher education that can have significant legal ramifications for individuals and institutions.

Conflict of Commitment: Law and Higher Education

Conflict of commitment is a complex and controversial concept with potentially significant legal consequences that generally refers to those workrelated situations in which the outside activities of college and university employees interfere with the time and effort that they are supposed to be providing for their employers.

Catalogs as Contracts: Law and Higher Education

The courts have constantly refined the relationship between institutions of higher learning and their students since the nascence of American higher education.

Academic Freedom

The concept of academic freedom, although not enumerated in the First Amendment, is based on freedom of speech and applies generally to all levels of education.