Читать книгу The Law of Higher Education - William A. Kaplin - Страница 42

Chapter 2 provides foundational information on the sources of legal liability for colleges and universities and how legal disputes are initiated and resolved. It discusses litigation, that is, the process of resolving a dispute in a court or government agency proceeding, and provides suggestions for how institutions can work to avoid litigation and ensuing legal liability. The concept of risk management is introduced; the role of counsel is explored, particularly with respect to the differences between treatment law (responding to litigation, threatened litigation, and government compliance investigations) and preventive law (developing policies and practices that minimize or forestall legal disputes); and the concept of preventive legal planning is explained. Finally, several models of alternative dispute resolution, which avoids agency or course litigation, are discussed and evaluated.