As overall student loan indebtedness in the United States has increased over the years, many borrowers have found themselves unable to repay their student loans. Ordinarily, declaring bankruptcy is a means by which a debtor may discharge--that is, obtain relief from--debts he is unable to repay. However, Congress, based upon its determination that…

Immigration is a topic of utmost concern for colleges and universities in the United States. International students and the institutions they attend are often caught in the middle of rapidly shifting policies, powerless to do more than try to keep up with the immigration times. Although the Immigration Act of 1952 and subsequent legislation laid…

The phenomenon of contract cheating presents, potentially, a serious threat to the quality and standards of Higher Education around the world. There have been suggestions, cited below, to tackle the problem using legal means, but we find that current laws are not fit for this purpose. In this article we present a proposal for a specific new law to…

American higher education is facing another major transition with escalating costs, an influx of diverse students, and an over all question about the return on investment for higher education. Within these complexities, this essay will consider the practical history and theoretical underpinning which inform the experience for students with complex…

This report discusses the 2023-24 Accomplishments and 2024-2025 Priorities and Ongoing Responsibilities for the departments of the New York State Education Department: (1) Office of Counsel; (2) Government Relations; (3) Finance; (4) Public Affairs; (5) P12 Instructional Support; (6) P12 Operational Support; (7) Higher Education; (8) Adult Career…

Currently, higher education is being roiled by class-action lawsuits filed against high-profile institutions, including MIT, Yale and New York University, over management of their retirement plans. As the lawyers are deployed and the billable hours accrue, it is timely to examine how those who have responsibility for retirement plan…

Some student affairs professionals who are employed at public colleges and universities feel conflicted about the degree to which they should or should not discuss their religious and/or spiritual beliefs at work. The purpose of this article is to present an overview of legal, developmental, and ethical considerations that should be factored into…

College and university lawyers must be prepared to address legal matters that range from the kinds one might expect to those that are unanticipated, even unbelievable. It's all in a day's work--and there's no such thing as a typical day in the life of a higher education attorney. The complex legal and regulatory issues facing…

Soon after the election of Donald J. Trump as President-elect of the United States, many faculty, students, and staff throughout the country campaigned to have their campuses designated as "sanctuaries." Although the concept of a sanctuary dates to the ancient Greek and Roman empires, it has special historical significance for the United…

Given that work-based learning (WBL) can -- and should be -- a key driver of student career readiness in these efforts, it is essential that all states have a robust work-based learning continuum of experiences and exposure that spans K-16. WBL is an essential element of career and technical education (CTE), and ExcelinEd's CTE Playbook series…

This article focuses on the legal rules of intellectual property rights (IPR) in networked e-learning. Its purpose is to act as an awareness-raising device about IPR, especially in the public-sector e-learning community in the UK, by describing the relevant aspects of IPR, providing legal guidance on IPR in e-learning, especially on the use of…

Gary Armstrong, assistant principal, is faced with a delicate situation. The elementary school recently enrolled a transgender student, and the principal, Amy Lamar, is resistant to considering the student's unique needs. This case was developed for use in a leadership course. Instructors can use the case to encourage dialogue around legal…

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 article identifies what student mental health professionals need to know about legal issues of relevance to threat assessment and management. The article summarizes the common law duties and the common law and statutory standards of care that are likely to apply to the work of college and university threat assessment and management teams. The…

First published in 1999, "American Higher Education in the Twenty First Century" offered a comprehensive introduction to the central issues facing American colleges and universities. This thoroughly revised edition brings the classic volume up to date. The contributors have rewritten every chapter to address major changes in higher…