Faculty Scholarship Digest

E. Gordon Gee




This is the latest edition of a venerable casebook in the field. The third edition was published in 1995, so naturally this edition involves substantial rewriting and a great deal of new material. Indeed, reviewing the chapter titles, the reader is reminded of how many distinct issues and different areas of the law are implicated in education, and how these issues continue to evolve, make headlines, and remain prominent in litigation and legislation. For example: affirmative action, searches of students, student rights to political expression, school segregation, educating students with disabilities, financing of public education, and issues relating to religion and public education. Gee and Daniel delve into the developments in all these fields as they bring the book fully up to date.

E. Gordon Gee (w/ Philip T.K. Daniel et al.), Law, Policy, and Higher Education (2012).

Having served in higher education for over three decades, our former colleague, President Emeritus E. Gordon Gee, brings a lifetime of experience to this new coauthored textbook about the legal issues facing colleges and universities today. Law, Policy, and Higher Education is a behemoth, weighing in at 1369 pages. It includes basic foundational material including an overview on governance, negligence, duties of administrators and faculty, and functioning of Institutional Review Boards. The text not only covers the basics, but also includes topics that are on the forefront of higher education—intercollegiate athletics, individuals with disabilities, and intellectual property. In the case of athletics, the financial commitment of college athletics and the allegation of treating athletes as commodities are explored. Considering students with disabilities, the text describes the dramatic rise in enrollment of students with disabilities, traces the legal development of the Americans with Disabilities Act and 2008 Amendments, and then explores the policies adopted in higher education to support students with special needs. Similarly with intellectual property, the book identifies not only the copyright and trademark issues, but also tackles the commercialization of university owned technologies and technology transfers. The cutting edge coverage of issues is complemented by the authors’ sensitivity to the varied career objectives of their audience. They provide students with the necessary background regardless of whether their ultimate goal is a career in administration, university counsel, general law practice, or a professorship.