The results of recent cases indicate that residences and dormitories owned by higher education institutions should be considered "dwellings," and thus subject to the Fair Housing Act. The Fair Housing Act (1968) as amended requires that the providers of dwellings accommodate assistance animals, which includes not only service animals,…

Fiscal responsibility matters at institutions of higher learning, especially when they are public and supported by taxpayers, but colleges are not businesses. The consequences of fiscal irresponsibility profoundly affect students, faculty, and staff, as well as teaching, research, and service activities. This essay gives a brief history of the…

This paper examines the top-down perspective of bullying and mobbing of professors by analyzing why it is prevalent, significant, and incessant and then proposes a framework to produce a caring, respectful, and safe environment for professors to engage in their teaching, scholarship, and service. The author suggests that the failure of…

One major aspect of any contractual relationship is liability. "Institutions of higher education face potential breach of contract claims from employees, student, and vendors purchasers, or business partners" (Kaplin & Lee, 2007, 105) When referring to the liability of an institution, we must take into consideration the contract…

Universities have been attracted to the creation of international branch campuses (IBCs) for many reasons, including cultural immersion of students and faculty and global brand recognition for a university seeking to enhance its reputation and strengthen its academic standards. This chapter provides specific advice for how IBCs can negotiate entry…

The American community college has posed, for a period of time, some distinctively unique concerns pertaining to legal issues. However, the most pressing legal issues facing community colleges now are those regarding personnel. The diversity of programs community colleges offer require that personnel (specifically faculty) come to the institution…

Universities in the United States are hardly novices in international initiatives, yet overseas projects today, although enticing, often seem novel to them, long experience notwithstanding. A number of motivators drive the new zeal to go overseas. Among these are a resolve to stay competitive in this era of heightened inter-institutional…

In our increasingly legalistic environment, the work of the governing board has become much more complex and challenging. Board members today need better training and support to meet these challenges.

This chapter provides an overview of the risk management process as applied to the community college. (Contains 2 notes.)

Recent challenges to the tax-exempt status of private colleges and universities in Pennsylvania result from the convergence of two trends: an aging population that changes the economic balance, and a shift in case law that heretofore favored charities. If the challenges continue, higher education will feel significant negative consequences. (MSE)

Functions as advisor-counsellor, educator-mediator, manager-administrator, draftsman, litigator, and spokesman are discussed by the University of Michigan general counsel. An illustrative list of subjects handled by institutional counsel is presented. (MSE)

College and universities that invested in the Foundation for New Era Philanthropy, now bankrupt, now find they were taken in by the organization's investment claims. Suits are being filed on behalf of investors and by the Securities and Exchange Commission, claiming fraud. Even institutions not investing in the charity may learn from the…

The Internal Revenue Service has begun to question more seriously the accounting methods used by universities to determine unrelated business income tax (UBIT). Current and future impact of the UBIT are discussed, and a method of calculating the tax is detailed. (Author/MSE)

Over several decades, the field of higher education law has evolved from an informal "interest" to a complex and sophisticated legal specialty. Specific trouble spots for college and university attorneys can be anticipated, with written policies establishing channels of communication concerning conflict resolution, who can seek legal advice, and…

Cases in which colleges and universities have taken a donor or his/her heir to court over promised donations, while rare, have been spotlighted recently. Ordinarily, institutions avoid such public battles through careful gift planning or quiet settlement of disputes. However, some feel such cases will multiply because donors and heirs are becoming…