36 J.C. & U.L. 749 (2009-2010)
Government Regulation of Higher Education: The Elephant in the Middle of the Room

handle is hein.journals/jcolunly36 and id is 799 raw text is: GOVERNMENT REGULATION OF HIGHER
EDUCATION:
THE ELEPHANT IN THE MIDDLE OF THE ROOM
STEPHEN S. DUNHAM*
I. IN TRO D UCTION  ....................................................................................... 749
II.HISTORY AND PURPOSE OF GOVERNMENT REGULATION OF
COLLEGES AND   UNIVERSITIES ........................................................ 751
A. Federal Funding of Colleges and Universities to Advance a
Specific  Public  Purpose ........................................................... 752
B. Laws and Regulations Imposed as Conditions on Funding
But Designed to Promote Public Purposes Separate from
the Purpose of the  Funding  Itself ............................................ 754
C. Laws, Regulations and Court Decisions of General Scope
with Unique Application to Colleges and Universities ........... 756
D.  Laws Relating  to  Governance .................................................. 757
III.COSTS AND BENEFITS OF GOVERNMENT REGULATION OF HIGHER
E D UCATION  ..................................................................................... 758
A. Why Regulate? What are the Benefits to the Government
and  Public?  .............................................................................. 759
B. Why Not Regulate? What are the Costs to the Colleges
and  U niversities?  ..................................................................... 760
C. Towards a Unifying Theory: An Approach to Balancing
Costs and Benefits in Federal Regulation of Higher
E ducation  ................................................................................. 76 1
IV. SUBJECT MATTER AREAS OF REGULATION .......................................... 767
V.THE COMPLIANCE FUNCTION AND THE ROLE OF COUNSEL .................. 786
A.  Compliance Plans and Programs ............................................. 786
B.  Role of Counsel in  Compliance ............................................... 788
I. INTRODUCTION
Higher education is a regulated industry. Colleges and universities
* Vice President and General Counsel, The Johns Hopkins University.

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