Colleges and Universities occupy a unique role in American society and culture. Courts in case law vividly describe colleges and universities as “marketplaces of ideas” and consider higher education to play a critical role in our democratic society. As a result, concepts such as academic freedom and free speech shape the legal landscape in unique ways. In addition, many statutes specific to higher education govern the day-to-day actions and obligations. At the same time, many areas of the law apply to colleges and universities in the same manner as they would to any other institution.
This course will provide students an overview of the legal principles that shape higher education law. Students will then learn to apply the unique legal concepts to the analysis of the myriad of issues that commonly arise on campus.