FUTURE SHOCK
Lawrence White predicts the issues that colleges' legal departments will face in 2012.
(Illustration by Christophe Vorlet)
OVER-FED?
Yes, new federal regulations are an administrative challenge, but a campus "culture of compliance" can meet them effectively, write Margaret L. O'Donnell and Craig W. Parker.
PATENTLY UNWISE
The rush to publish research results can put your intellectual property at risk, say Robert G. Copeland and Thomas F. Meagher.
SOCRATES LIVES
Academic freedom for students, as for professors, has ancient roots, explains Gary Pavela.
GOAL-ORIENTED
In the post-Grutter era, keep educational benefits central when considering diversity policies, advise Andre Bell, Arthur L. Coleman, and Scott R. Palmer.
SAME DIFFERENCE
Stephen J. Hirschfeld and Shannon R. Wolf help navigate today's complex discrimination statutes.
INVOLVE YOURSELF
If your college is sued, it's tempting to leave the matter solely to the lawyers -- tempting, but imprudent, says Oren R. Griffin.
C.V.'s? P.I.'s!
Background checks on prospective employees entail a little cost and inconvenience. Not doing them can be a tragic error, says D. Frank Vinik.
DOUBLE TROUBLE
In focusing on a discrimination case against your institution, prevent retaliation against the plaintiff or you could face two suits instead of one, says Ann H. Franke.
TIME TO CONSIDER
Who's on the clock for salary purposes? Good question; complex answers, say Miriam J. McKendall and David J. Santeusanio.
BETWEEN YOU AND ME
Just how privileged is attorney-client privilege? asks Karen McAndrew.
THE SWEEP OF THE LAW
Administrators, professors, and campus lawyers must collaborate to resolve the thorniest issues in higher education, say Peter H. Ruger, who is a lawyer with Tueth, Keeney, Cooper, Mohan, and Jackstadt, a firm in St. Louis, and Robert D. Bickel, a professor at Stetson University College of Law.
PLANNING FOR A CRUNCH
In an age of downsizing and closures, colleges should hope for the best but plan for the worst, says Barbara A. Lee, dean of the School of Management and Labor Relations at Rutgers University.
ELECTRONIC SURVEILLANCE
Colleges need to develop and disseminate clear polices on e-mail privacy, writes Robert M. O'Neil, founding director of the Thomas Jefferson Center for the Protection of Free Expression and a professor of law at the University of Virginia.
BLAMING THE PROFESSOR
Faculty members who advise student activities should worry about liability -- and colleges need to help them, says Nancy E. Tribbensee, deputy general counsel at Arizona State University.
GREATER SCRUTINY
The EPA is stepping up enforcement of environmental regulations at colleges, warns Sheldon E. Steinbach, vice president and general counsel at the American Council on Education.
MATCHING EXPECTATIONS
Collaborations between academe and industry can be fruitful. But define the relationship carefully, cautions Theresa J. Colecchia, associate general counsel at the University of Pittsburgh.
MINORS AT THE ACADEMY
While the presence of children can enrich a campus culture, it also increases legal risks, says Sheila Trice Bell, executive vice president of Bell & Trice Enterprises, Inc., a business and policy consulting firm, and a lawyer with Gurne, Porter and Baulig in Washington, DC.
CLARITY IS KEY
In responding to legal action over file sharing, colleges need clear guidelines, says Tracy B. Mitrano, the director of Cornell University's Computer Policy and Law Program.
WHEN STUDENTS KILL THEMSELVES
Lawsuits over suicides are on the increase, writes Ann H. Franke, vice president for education and risk management at United Educators Insurance and a former counsel to the American Association of University Professors. Can colleges protect their students and themselves?
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