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HED 6501: The Law and Higher Education: Assignment 5

Assignment 5

ALWAYS review the material assigned the previously week if we did not get to it in class.  We will typically begin where we left off with our discussions.  New assignments insure that we continue to be prepared for in-class discussions and presentations as we reach new topics/material.

  1. Search for an actual news article that addresses a tort claim made against a university.  Attempt to find one within an area of institutional operations that is of interest to you.  Write a one page overview that provides the relevant details and facts, the legal issues, and the result of legal action (litigation or “out of court” resolution).  Finally, write your own thoughts of what the university actors involved could have done to prevent the tort that led to the claim.
  1. Read Institutional Contract Liability (Section 3.4, 224-230), Employment Contracts (Sections 4.3.1.– 4.3.3.4., 261-267) and The College and the Business/Industrial Community (Section 15.1, 1591-1597) in your textbook: Kaplin, W.A & Lee, B.A. (2007). The Law of Higher Education. San Francisco: Jossey-Bass. (Be prepared to discuss the material covered.)
  1.  Read over the cases listed below and become generally familiar with their facts, legal issues, decisions, etc.  We will review these as part of our discussion addressing contract law.

    Brody v. Finch University of Health Sciences/Chicago Medical School

    698 N.E.2d 257 (Ill. App. 1998)

     

    Carr v. St. Johns University

    New York, 187 N.E.2d 18 (N.Y. 1962)

     

    Fellheimer v. Middlebury College

    869 F. Supp. 238 (D. Vt. 1994)

     

    Small v. Juniata College

    682 A.2d 350 (Pa. Super. 1996)

     

NOTE:  If students are unable to attend class, all briefs and other written assignments are expected to be sent to me electronically (stanford@mc.edu) on the date that they are due (or turned in by a classmate).