**Executive Summary
Colleges and universities are subject to increasing litigation,
legislation, and regulation on a myriad of issues. The law affects
virtually every aspect of academic life. Thus, academic leaders must
possess an adequate familiarity with the law to know when and where to
go when legal issues or complaints arise. They must also understand the
different sources of law to which they are subject (e.g., federal,
state, local). For example, public and private institutions have many
similarities and are treated the same under many statutes but are not
always subject to the same legal parameters. Furthermore, academic
leaders must be conscious of the ways in which an institution's own
promises, policies, and procedures can create expectations that may be
legally binding and enforceable.
This briefing provides an overview of some of the most significant
issues facing academic leaders today: academic freedom and free
expression, faculty searches, promotion and tenure, discrimination,
contracts, intellectual property, conflicts of interest and commitment,
e-mail, student records, and managing the student-institutional
relationship. The intent is not to provide legal advice but to raise
awareness of key legal issues and how and when they may arise. The
briefing concludes with general recommendations regarding how to work
with institutional counsel, who can be a key partner in helping academic
leaders avoid or manage legal risks and liability.
**