Overview

How colleges and universities can respond to legal pressures while remaining true to their educational missions. Not so long ago, colleges and universities had little interaction with the law. In the 1970s, only a few well-heeled universities even employed in-house legal counsel. But now we live in the age of tenure-denial lawsuits, free speech battles, and campus sexual assault investigations. Even athletics rules violations have become a serious legal matter. The pressures of regulation, litigation, and legislation, Louis Guard and Joyce Jacobsen write, have fostered a new era in higher education, and institutions must know how to respond. For many higher education observers and participants, including most administrators and faculty, the maze of legal mandates and potential risks can seem bewildering. Guard, a general counsel with years of higher education law experience, and Jacobsen, a former college president, map this unfamiliar terrain. All the Campus Lawyers provides a vital, up-to-date assessment of the impact of legal concerns on higher education and helps readers make sense of the most pressing trends and issues, including civil rights; free speech and expression; student life and wellness; admissions, advancement, and community relations; governance and oversight; the higher education business model; and on-campus crises, from cyberattacks to pandemics. As well as informing about the latest legal and regulatory developments affecting higher education, Guard and Jacobsen offer practical guidance to those in positions of campus authority. There has never been a more crucial time for college and university boards, presidents, inside and outside counsel, and other higher education leaders to know the law and prepare for legal challenges.

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9780674270497

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Education, regulation, litigation. How did the last two terms get wedded to the first? Guard and Jacobsen explain why the ‘regulatory biome’ of colleges and universities requires nuanced understanding, historical perspective, and multifaceted planning. Important reading for anyone interested in the governance and institutional trajectory of higher education. -- Michael S. Roth, president of Wesleyan University and author of <i>The Student: A Short History</i> From free speech debates to union contracts, from affirmative action to tenure denials, law and lawyers are increasingly at the heart of the most difficult and contentious issues that college and university leaders confront. In All the Campus Lawyers, Guard and Jacobsen offer a clear and accessible tour d’horizon, explaining the issues and arguments that keep administrators up at night, the role of the campus counsel, how academic life became so deeply entangled with legal norms, and what the future might hold. Anyone interested in the intersection of law and higher education should start here. -- David Wippman, president of Hamilton College

Education, regulation, litigation. How did the last two terms get wedded to the first? Guard and Jacobsen explain why the ‘regulatory biome’ of colleges and universities requires nuanced understanding, historical perspective, and multifaceted planning. Important reading for anyone interested in the governance and institutional trajectory of higher education. -- Michael S. Roth, president of Wesleyan University and author of <i>The Student: A Short History</i> From free speech debates to union contracts, from affirmative action to tenure denials, law and lawyers are increasingly at the heart of the most difficult and contentious issues that college and university leaders confront. In All the Campus Lawyers, Guard and Jacobsen offer a clear and accessible tour d’horizon, explaining the issues and arguments that keep administrators up at night, the role of the campus counsel, how academic life became so deeply entangled with legal norms, and what the future might hold. Anyone interested in the intersection of law and higher education should start here. -- David Wippman, president of Hamilton College We may bemoan that in our politically divided society, more and more issues on our campuses are settled by litigation. But All the Campus Lawyers reminds us that many concepts we hold dear, such as academic freedom and shared governance, are fundamentally legal notions. And it shows how a college or university’s general counsel can be a valuable strategic partner for addressing concerns that come up almost daily. This interesting and insightful book is an invaluable guide for navigating the complexities of modern institutions of higher education. -- Joanne Berger-Sweeney, president of Trinity College

Author Information

Louis H. Guard is Vice President and General Counsel at Hobart and William Smith Colleges. He teaches a seminar in the law of higher education at Cornell Law School. Joyce P. Jacobsen is former President of Hobart and William Smith Colleges, where she is currently Professor of Economics. She is Andrews Professor of Economics, Emerita, at Wesleyan University and author of several books in feminist, gender, and labor economics. In 2021 she received the American Economic Association’s Carolyn Shaw Bell Award for furthering the status of women in the field of economics.

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