Читать книгу The Law of Higher Education - William A. Kaplin - Страница 26

In addition to the various distinctions addressed in Section A–D above, there is another overarching distinction between legal issues and policy issues that students must take into account when studying higher education law. As explained in Section 1.7 of this book, legal issues are stated and analyzed using the norms and principles of the legal system, while policy issues are stated and analyzed using norms and principles of administration and management, the social sciences and physical sciences, and other relevant disciplines.

It is important to sort out these varying norms and principles when analyzing judicial opinions or addressing particular problems. Thus, in addition to considering the legal issues that are presented by the case or problem, one may also ask, “What are the educational policy or public policy issues presented?” and “How do the legal issues and policy issues relate to one another?” Law students and lawyers may, and do, think about and react to legal issues differently from education students, educators, and administrators; and the same may be said for policy issues. Among the most practical insights that may come from a higher education law course or workshop are these insights concerning respective norms and roles, and the ways in which administrators, educators, and attorneys may be guided by these norms and roles in working together on matters with legal ramifications.