• April 3rd, 2016

Higher Education and Law Case Study 1

Paper, Order, or Assignment Requirements

Write a 850-1050-word paper in which you address all of the following questions for the cases:

Lewis v. St. Cloud University
1. The court cites the seminal case of Mazart v. State of New York, which is discussed on pp. 702-7-3 of the Student Version. How does the court’s analysis in Lewis compare with Mazart?

2. Given the outcome in Lewis, how would you recommend that colleges and universities structure their relationship, if any, with the student newspaper? Would the fact that a student newspaper has a faculty advisor be more likely to suggest that the institution has some control, and thus potential liability, for the acts of student editors and journalists?

Nova Southeastern University, Inc. v. Gross
1. What is the institution’s legal duty with respect to a student for whom it arranges an off-campus internship or practicum?

2. If the institution required the student to arrange her own internship or practicum, what would the institution’s legal duty be?

3. Is there any other way, in addition to warning students about any known dangers, that the institution could protect itself from liability (for example, having the student sign a waiver)?

4. If the internship were a noncredit activity that was recommended but not required by the institution, would this change the legal standard of duty?

5. Change the facts and assume that the plaintiff is a nonstudent who was injured by the actions of a student working in a required internship (for example, a student injured by the actions of a student teacher). What institutional liability, if any, might attach?

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