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The emergent role of proactive counsel in American higher education

James Elliot Samels, University of Massachusetts Amherst

Abstract

This study examines the special place college and university attorneys have come to occupy as the legal environment of higher education has been dramatically redefined during the last several decades. More specifically, this study evaluates major institutional legal service typologies; explains the principal duties, responsibilities and interrelationships of campus counsel; and analyzes the importance of centralized coordination for delivering quality, integrated and efficient legal services. Special attention is devoted to the professional relationship and protocol which exists between college and university attorneys and their respective institutional clients. The organization of this study is divided into five chapters. Chapter One traces the historical development of campus counsel's role in American higher education amid the currents of changing case law, recently enacted legislation, increased litigation and government regulation. With this historical context in perspective, Chapter One posits significant legal service issues confronting campus counsel as the legal environment grows more complex and the pitfalls of liability more serious. Chapter One closes with an assessment of the scholarly significance and practical application of the dissertation. Chapter Two of the study provides an overview of the published literature including textbooks, academic journals, scholarly monographs and practitioner oriented handbooks and other reference materials. Chapter Two organizes the literature search by source of authority and topical focus. Chapter Three of the study details the overall research, methodology, sampling techniques and design of study inquiry employed by the investigator. Data sources include national, state and local surveys. Chapter Four reports out analytical outcomes based on the data collected, and further compares and contrasts research results in terms which are of practical usefulness to appropriately involved institutional client groups. Chapter Five projects the role of campus counsel into the 1990's and includes a distillation of future conditions shaping legal service delivery systems coming into place at American colleges and universities.

Subject Area

Higher education|Law

Recommended Citation

Samels, James Elliot, "The emergent role of proactive counsel in American higher education" (1990). Doctoral Dissertations Available from Proquest. AAI9022739.
https://scholarworks.umass.edu/dissertations/AAI9022739

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