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

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