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American Journal of Pharmaceutical Education logoLink to American Journal of Pharmaceutical Education
. 2009 Oct 1;73(6):115.

Higher Education Law in America

Reviewed by: Warren Richards 1,
JA Roth, S McEllistrem, T D'Angostino. and CJ Brown.. Higher Education Law in America. 9th edition. Malvern, PA 19355: Center for Education & Employment Law. 2008. 517. $236.00(paperback) ISBN: 978-1-933043-34-0.
PMCID: PMC2769539

Meant to be an informational resource for decision makers in higher education, the deskbook Higher Education Law in America is organized by topics of interest. Various chapters address student issues, employment issues, liability issues, and other issues educational leaders may face. The stated goal is to provide information that these leaders or their legal advisors can use to make decisions that will help them avoid legal traps and ensuing litigation.

Because many expected users will not have a legal background, the editors include a glossary and several useful appendices. The included abridged version of the United States Constitution and a brief explanation of the judicial system should prove useful. The basis of material presented in the book is a review of case law, so instructions on how to read case law are also included. One appendix is devoted to Supreme Court cases that apply to higher education. With these aids, the reader will not need a background in law to use the book.

One premise of the book is that readers be able to research existing case law for guidance in their decision making. To that end, useful indices are provided. The reader is able to search by general topic, case name, or case name by state if desired. Instructions on the possible uses of the materials in the book precede the main body of text facilitating ease of use.

Where appropriate, chapter sections begin with a brief overview of court opinions expressed on the topic. This is followed by relevant case law on the topic, giving the reader insight into what courts have already decided in similar cases. That data should provide readers with useful information on which to base their decisions.

This is clearly a reference for administrators and would be of little use even as supplemental reading for students. Possible exceptions might be graduate education students planning to advance their careers into administration positions or law students wanting to specialize in this area. Pharmacy faculty members and students might find reading the cases interesting but certainly not professionally rewarding. Courses in pharmacy law will concentrate on case law in that area.

This is one of several books the center publishes on the topics of education or employment law. A quick Google search revealed other organizations active in this area. Although direct comparisons were not practical, the price of this book seemed competitive. This is the ninth edition. Because case law changes over time, users of this book would probably need to purchase a new edition each year or risk making decisions not based on the most current information.

Institutions of higher learning generally have in-house legal counsel or legal advisors on retainer. While some administrators might appreciate having a book of this nature close at hand, most are certain to seek the advice of their advisors rather than trust their own judgment based on their interpretation of past cases. It would be difficult to justify adding this book to a pharmacy library. Pharmacy school/college administrators may wish to have a copy, but replacing it each year might be problematic given restricted budgets.


Articles from American Journal of Pharmaceutical Education are provided here courtesy of American Association of Colleges of Pharmacy

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