This cutting-edge casebook provides materials for use in law schools and in other higher education programs. The new edition continues its full coverage of core topics involving faculty (tenure, governance, and academic freedom) as well as public/private/for profit distinctions, accreditation, admissions and financial aid. It includes a new case study of the Penn State crisis and materials on key new federal regulatory mandates concerning “gainful employment,” Title IX sexual assault guidance, and “direct threat” analysis under Title II.

Imprint: Foundation Press
Series: University Casebook Series
Publication Date: 04/21/2014

Judith C. Areen, Georgetown University Law Center

Peter F. Lake, Stetson University College of Law


This title is available in our CasebookPlus format. Anchored by faculty-authored self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class.


Adopt the CasebookPlus option of your chosen text and provide your students with all the tools they need to gauge their understanding of the material—on their own, outside of the classroom, with no extra work on your part.

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Students purchasing a used book, or those who are renting their text, can still utilize all CasebookPlus digital resources by buying the digital only option.

The need for training in the fundamentals of higher education law has never been greater. Now in its second edition, this cutting-edge casebook provides materials for use in law school and other programs teaching those fundamentals.

The new edition continues to feature substantial treatment of all the traditional and core topics covered in the first edition, including tenure, the evolution of higher education law in America, public/private distinctions, affirmative action, etc.

Importantly, the substantially revised new edition provides intensive treatment of many new topics, including the Penn State crisis, affirmative action in the wake of Fisher v. Texas and the many new federal regulatory mandates reshaping American higher education (including “gainful employment”, Title IX sexual assault guidance, and “direct threat” analysis under Title II, inter alia).

Learn more about this series.