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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
The Law of Higher Education 2nd ed isbn 9780199608799

The Law of Higher Education

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Edited by: Dennis Farrington, David Palfreyman

ISBN13: 9780199297450
ISBN: 0199297452
New Edition ISBN: 9780199608799
Published: September 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



Universities and colleges in the UK have to deal with many legal issues. Some are specific to the sector, such as; constitution and organisation; rights of members; relationships with students and academic staff; research contracts; information services; and student unions. Others are of a more general character, such as; employment; estates; and risk management.

Whilst technically universities are private self-governing corporations, they in fact operate within a statutory public funding and regulatory regime, in addition to having all the legal responsibilities of major employers and landowners. A number have a student and staff population larger than that of small towns, manage significant public and private funds and are increasingly commercial in their outlook as they compete for the best students and staff, research grants and contracts, both in the UK and internationally. Colleges, while generally smaller, have a range of responsibilities very similar to those of universities.

This comprehensive and practical guide to the UK law of higher education provides extensive treatment of the complex legal framework in which universities work and the remedies which may be sought in the event of disputes. Although focussing on UK laws, it will include material on the international context, particularly important as institutions are increasingly involved in international exchanges and collaborations, as well as being subject to the increasing globalisation of higher education.

The text is linked to the updating service on the OxCHEPS website so that users can keep up to date with developments. The book will be extremely useful for solicitors and barristers trying to keep up to date with this complex area of law, together with higher education administrators and employees.

  • Provides extensive treatment of the complex legal framework in which universities work, and the remedies which may be sought in the event of disputes
  • Written in a clear and logical style divided into six parts, each dealing with a major area of the higher education system
  • Includes discussion on higher education law within its international context
  • The text is linked to the updating service on the Oxford Centre for Higher Education Policy Studies (OxCHEPS) website directed by David Palfreyman so that users can keep up to date with developments

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Subjects:
Education Law
Contents:
PART I - BACKGROUND TO HIGHER EDUCATION LAW
1. Historical Note and Definitions
2. Legal Status of Higher Education Institutions
3. The Role of Government, the Funding Councils, QAA and OFFA
4. The Impact of EU Law and International Obligations
ART II - GOVERNANCE AND MANAGEMENT OF HIGHER EDUCATION INSTITUTIONS
5. Governance Structures
6. Officers and Managers
7. Charity Trusteeship and Personal Liability
8. The Law of Meetings
9. Student Unions
PART III - HIGHER EDUCATION INSTITUTIONS: STAFF AND STUDENTS
10. The Employment Contract
11. The Statutory Regulation of Employment
12. Dismissal and Disputes
13. The Student-HEI Legal Relationship
14. The Student as Consumer?
15. The Role of Judicial Review in the Statutory HEIs
PART IV - ACADEMIC ISSUES
16. Academic Freedom and HEI Autonomy
17. Intellectual Property
18. Data Protection and Freedom of Information
PART V - HIGHER EDUCATION INSTITUTIONS AS BUSINESSES
19. Trading Companies
20. Mergers and Acquisitions
21. Agreements with Institutions and Organisations
22. Property: Occupier's Liability and Disability Discrimination
23. Campus Security
24. Student Residential Accommodation
25. Health and Safety
PART VII - RISK ASSESSMENT, PREVENTATIVE ACTION AND DISPUTE MANAGEMENT
26. Risk Assessment and Management
27. Dispute Management: Mediation and Litigation
PART VIII - COMPARATIVE STUDIES
28. The Relevance of Comparative Studies
29. Higher Education Law in the Common Law Systems
30. Higher Education Law in the Civil Law Systems
Further Reading and Companion Web-Site;