Preventive law on Campus

Work Integrated Learning: A Study of Risk Management by University Lawyers

“…Legal rules can formalise this shared responsibility by requiring universities to take reasonable care to prevent foreseeable risks and for students to accept the responsibility of obvious risks. Ward and Tribbensee (2003) appear to focus solely on the university mission component of the facilitator university model to make the same point as Corbally (1974) and Daane (1985) -the significance of university objectives when university lawyers work with university management. For instance a university lawyer taking a facilitative approach does not simply advise an academic administrator that a proposed activity is illegal or possesses obvious risk, but asks questions to understand the goal of the activity or its relationship to the mission of the university (Ward & Tribbensee, 2003).…”

“…In guiding university management, the university lawyer can also function as an educator. Education may require the university lawyer to communicate their role to the academic administrator, to address frequently asked questions, to provide resources to identify potential legal issues (Ward & Tribbensee, 2003), to educate the administrator as to high risk areas which require review of documents by university lawyers (Sensenbrenner, 1974), as well as to monitor and communicate legal developments to university management (Ruger, 1997;Samels & Martin, 2015). As a matter of preventive lawyering, Kaplin and Lee (2013) recommend that university lawyers arrange training for university management and staff that addresses "the legal aspects of their professional responsibilities and the legal implications of their actions" (p. 165).…”

“…The red light function is important, but the green light should shine more often. (Daane, 1985, p. 409) More recently Ward and Tribbensee (2003) relied on the "facilitator university" model originally devised by Bickel and Lake (1999) and further developed by Lake (2013) to argue that the goals and mission of the university, as well as legal issues should be considered by university lawyers when advising the client. According to Lake (2013), the facilitator university is a social and legal model which can strike an appropriate balance between university control and student freedom to provide a fair allocation of legal rights and responsibilities between university and student that maximises student safety and promotes the mission of the university.…”

File Sharing, Napster, and Institutional Reponses: Educative, Developmental, or Responsive Policy?

“…Visiting the institution' s legal counsel, particularly given the frequency of change in case law, often will garner advice designed to prevent institutional legal crises. For more than 20 years, the role of college and university legal counsels has increasingly included preventive law (Ward & Tribbensee, 2003;Bickel & Ruger, 2004). "Preventive law involves administrators and counsel in a continual process of setting the legal parameters within which the institution will operate to avoid litigation or other legal disputes (Kaplin & Lee, 1995, p. 64).…”

NASPA Journal vol 42 no 4

“…For more than 20 years, the role of college and university legal counsels has increasingly included preventive law (Ward & Tribbensee, 2003;Bickel & Ruger, 2004). A first step in this approach typically requires consultation with legal counsel.…”