The Law of Higher Education: A Comprehensive Guide to Legal Implications of Administrative Decision Making (4th ed., 2 vols.), by William A. Kaplin and Barbara A. Lee. San Francisco: Jossey-Bass, 2006. ISBN 0787970948 (vol. 1), 0787986569 (vol. 2).

At over 1,700 pages, the fourth edition

of The Law of Higher Education: A Comprehensive Guide to Legal Implications of Administrative Decision Making provides a complete and authoritative treatment of the topic and continues to be the definitive text for both administrators and legal counsel at universities, colleges, and community colleges.

William Kaplin and Barbara Lee begin with foundational material, reviewing the expanding reach of the law into higher education through their discussion of the governance of higher education, both internal and external. They underscore the distinctions between public and private institutions, exploring the particular legal context at religious institutions. The discussion here is interesting and relevant beyond what readers normally consider as legal issues, providing them with a neatly organized account of the general structure of American higher education. For practicing administrators, the authors include a useful chapter covering the types of possible legal liability, how litigation unfolds from initial complaint to resolution, alternative dispute resolution, the models for the provision of legal services at institutions, and the basics of risk management at higher education institutions. They also provide an accessible outline of the sources of higher education law--external ones such as constitutions and statutes and internal ones like institutional rules and regulations and academic custom and usage.

Building upon these foundational concepts, Kaplin and Lee move to employment law, first discussing issues of authority as passed from trustees to various institutional officers and affiliated organizations. Such questions of authority determine the possible liability of either individuals or institutions, whether grounded in tort, contract, or constitutional law. Employment law is of particular interest in higher education--to practitioners, attorneys, and scholars alike--and the authors explore the definition and boundaries of the employment relationship, asking increasingly fundamental questions such as who is an employee as opposed to an independent contractor. They also survey practical topics: employment contracts, civil service rules, and collective bargaining; various employee protections such as occupational safety and health and unemployment compensation; and the proper evaluation of employee performance. The discussion of employment law concludes with a thorough and timely examination of nondiscrimination and affirmative action--an area of continued volatility and utmost importance. Kaplin and Lee describe the sources of the law here, such as Title VII and the Americans with Disabilities Act, and the various characteristics such as race, gender, and age that define protected classes under constitutional principles.

Given the particular contexts and distinctive issues associated with faculty employment, the authors focus on the area separately, covering topics including nondiscrimination in faculty employment decisions; standards and criteria for faculty personnel decisions; and closure, merger, and reduction in force involving faculty. Kaplin and Lee also closely examine academic freedom and freedom of expression for faculty in the contexts of teaching, research, institutional affairs, and private life. Such discussions are inherently grounded in academic values, of course, and the authors are particularly successful in articulating these as they explore various topics across the book.

There is an equally comprehensive and compelling section in The Law of Higher Education on students, beginning with a discussion of the relationship between students and institutions: the legal status of students; their admission and the provision of financial aid; and issues related to housing, computing, campus security, and various support services. The authors also consider the rights and responsibilities of individual students and of student organizations and their members, discussing due process issues as well as more substantive concerns as student protests, free expression, and speech codes.

A particular strength of Kaplin and Lee is the significant attention they devote to relations between higher education institutions and local, state, and federal governments and nongovernmental actors such as accrediting agencies. Here, especially, they rightly highlight the various and important intersections between law and policy. The authors underscore federal influence on institutions, including through civil rights enforcement, immigration regulation, and copyright and patent law. Local issues such as zoning and land use, sales and property taxation, and relations with police are also important in higher education management, as are state matters like licensure, regulation of out-of-state providers, and open meetings and open records laws. Kaplin and Lee also include an interesting discussion on the increasingly important relationship between universities and the business community, including as purchaser, seller and competitor, and collaborator and partner.

The two volumes have particular use as a first source on a given topic in higher education law. For practitioners or students, the discussion is likely sufficiently detailed to address practical questions. For scholars, it provides a foundation and indication of where to find material including greater detail, making use of the annotated bibliography at the end of each chapter and various footnotes. Indeed, a great contribution of the book is that it is of use to experts in higher education law (for instance, institutional counsel or legal scholars) as well as to those who encounter legal issues in their regular administrative work or faculty duties and who are looking for context, definition, and clarification. Kaplin and Lee find an impressive balance between engaging the expert reader and not overwhelming the interested user.

The authors also cover each functional area of the university, college, or community college, making the volumes applicable to administrators in academic affairs, finance and administration, student affairs, external relations, auxiliary services, and literally every other unit of the institution. In addition, the rich discussion of the relations between government and institutions is relevant to external policymakers. Similarly, the authors' clear awareness of the practical differences between and

among the great variety of institution types in American higher education is admirable--a trait too often absent in writing in the field. Kaplin and Lee thus accomplish the commendable task of delivering two volumes that apply across the great diversity of institutional functions and settings in American higher education.

In the decade since the third edition of the book (which was published in 1995), both American higher education and the law as it relates to it have evolved significantly. In the fourth edition, Kaplin and Lee are successful in keeping the discussion current with new material and compressing older information without losing relevant historical context. The authors also promise to continue their practice of keeping the volume updated as the law changes, by making use of a Web site hosted by the National Association of College and University Attorneys and through issuing printed supplements every few years.

Earlier editions of the book have been staples of higher education degree programs. In 2007, the authors are planning to issue a one-volume student edition of the Law of Higher Education. Those faculty teaching courses on higher education law also have available the new third edition of The Law and Higher Education: Cases and Materials on Colleges in Court, in which Michael A. Olivas selects and edits judicial opinions, supplementing them with thoughtful commentary and intriguing questions. So, those teaching higher education law courses can choose between two exceptional texts depending on whether they prefer to teach through case studies or using a text.

So, is the Kaplin and Lee book worth the $250 price? Absolutely--and not only for those immersed in legal issues in their administrative or scholarly work. The Law of Higher Education transcends the law-an important enough topic in itself--to be essential reading for anyone interested in understanding the complexities of organizing and managing American higher education institutions.

Reference

Olivas, M. A. (2006). The law and higher education: Cases and materials on colleges in court. Durham, NC: Carolina Academic Press.

J. DOUGLAS TOMA, Institute of Higher Education, University of Georgia