The excessive restrictions on the resignation rights of public university teachers, especially high-level talents, have affected the rights and interests of the legal flow of talent. Whether the employment contract can continue to be performed, whether the service period and the liquidated damages clause violate the provisions of the 'Labour…

The growth and competitiveness of any business, especially micro and SMEs, will increasingly depend on the ability to apply new knowledge, organisation and working methods, as well as the capacity to engage in the commercialisation of research and development to develop new products, services, or processes. In the information society, the…

The phenomenon of contract cheating presents, potentially, a serious threat to the quality and standards of Higher Education around the world. There have been suggestions, cited below, to tackle the problem using legal means, but we find that current laws are not fit for this purpose. In this article we present a proposal for a specific new law to…

This report discusses the 2023-24 Accomplishments and 2024-2025 Priorities and Ongoing Responsibilities for the departments of the New York State Education Department: (1) Office of Counsel; (2) Government Relations; (3) Finance; (4) Public Affairs; (5) P12 Instructional Support; (6) P12 Operational Support; (7) Higher Education; (8) Adult Career…

Responding to the forces of internationalization and globalization, universities are partnering across national borders to expand their outreach, increase capacity, expand research possibilities, and for a list of other reasons. This study looks at one international university partnership between an institution in the United States and one in the…

The topic of noncompetes is a rich one for a business law or legal environment course. It presents opportunities to tie law and policy, law and ethics, law and strategy. It exemplifies the challenges businesses and employees may face in a changing, complex, uncertain legal environment. Accordingly, this article provides materials on noncompetes…

This article focuses on the legal rules of intellectual property rights (IPR) in networked e-learning. Its purpose is to act as an awareness-raising device about IPR, especially in the public-sector e-learning community in the UK, by describing the relevant aspects of IPR, providing legal guidance on IPR in e-learning, especially on the use of…

An attorney-client relationship is traditionally created when both parties formally enter into an express agreement regarding the terms of representation and the payment of fees. There are certain circumstances, however, where the attorney-client relationship can be implied from the parties' conduct. An implied attorney-client relationship may…

Increasingly, university and college administrators are contracting out their institutions' operational information technology (IT) needs. Specifically, this means moving from an IT system with a server based at the institution with an in house IT support staff to a cloud based system outside the institution where most of the staff resources are…

One major aspect of any contractual relationship is liability. "Institutions of higher education face potential breach of contract claims from employees, student, and vendors purchasers, or business partners" (Kaplin & Lee, 2007, 105) When referring to the liability of an institution, we must take into consideration the contract…

The American community college has posed, for a period of time, some distinctively unique concerns pertaining to legal issues. However, the most pressing legal issues facing community colleges now are those regarding personnel. The diversity of programs community colleges offer require that personnel (specifically faculty) come to the institution…

Help for educators and administrators may be on the way in the form of "hold harmless" documents that allow for flexibility in enforcing program policies. Having a "No Babysitting policy," and "Hold Harmless" documentation will not stop one's program from being sued. However, with the "No Babysitting policy" and "Hold Harmless" documentation…

A "contract" is, in its essence, a collection of legally enforceable promises that are intended to satisfy the desires of two or more parties. In the sphere of university presidents, employment contracts normally are in writing and contain both the agreed-upon economic terms and the hopes and dreams of the individuals involved. Those contracts are…

Provided are several legal opinions on the parameters for using rented programing. The opinions (pertaining to one specific rental/lease agreement in one school district) focus on distribution of rented materials, use for in-class instruction, and issues concerning home/school use. (JN)

Provides an overview of legal issues related to licensing entertainment rights for multimedia source materials, including the grant of rights clause, copyright ownership, territory and languages, term provision, specifications, approvals/controls, royalties, guilds, bankruptcies, termination of the license, and confidentiality. Common mistakes…