OxCheps Publications HE Law Update Notes Occasional Papers

OxCHEPS Occasional Papers

The following OxCHEPS Occasional Papers are currently available (©David Palfreyman/relevant author(s) as shown on the document).

  • OxCHEPS Occasional Paper No. 1:
    The Oxford Tutorial (second edition, 2008)
    (David Palfreyman)
    2019 Amazon/Kindle Edition
  • OxCHEPS Occasional Paper No. 2:
    Proper Governance in the English Chartered University
    (David Palfreyman)
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  • OxCHEPS Occasional Paper No. 3:
    Breaking the Mould – The Surprising Story of Stockton
    (John Hayward)
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  • OxCHEPS Occasional Paper No. 4:
    Higher Education in the United Kingdom: A Viable Elite-mass ‘third way’?
    (David Palfreyman)
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  • OxCHEPS Occasional Paper No. 5:
    On Oxford Colleges as eleemosynary lay chartered corporations aggregate
    (David Palfreyman)
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  • OxCHEPS Occasional Paper No. 6:
    The Politics of Governance in Higher Education: The Case of the Research Assessment Exercises
    (Ted Tapper & Brian Salter)
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  • OxCHEPS Occasional Paper No. 7:
    Where We Stand Now: A Perspective on the recent history of UK Higher Education Funding and Access Policy
    (Luke Wright)
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  • OxCHEPS Occasional Paper No. 8:
    The English chartered university/college: how ‘autonomous’, how ‘independent’, and how ‘private’?
    (David Palfreyman)
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  • OxCHEPS Occasional Paper No. 9:
    Ignorance of the law is no excuse!
    (David Palfreyman)
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  • OxCHEPS Occasional Paper No. 10
    The Economics of Higher Education 
    (David Palfreyman) – Updated 19 May 2004
    This book is available in PDF form below for reading only; it is in a restricted format which prohibits printing and copying. For a hard copy (£9.99 p/bk, £14.99 h/bk) please order at any bookshop (ISBN 095474330X), including on-line from Amazon or Blackwells (to access Blackwells Online direct from this site, go to the Resources Page or the Purchases Page). 
    View as restricted PDF
    The book is kept updated by Supplementary Notes to 'The Economics of Higher Education', which is also available downloading: 
    Download as PDF
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    The OxCHEPS/The Ulanov Partnership Report onCosting, Funding and Sustaining Oxford Universityreferred to in the book is available for down-loading below as Item 13 of these OxCHEPS Papers.
  • OxCHEPS Occasional Paper No. 11:
    Understanding Governance and Policy Change in British Higher Education
    (Ted Tapper & Brian Salter)
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  • OxCHEPS Occasional Paper No. 12:
    The educational function and implications for teaching of multi-disciplinary modular (MDM) undergraduate degrees
    (Bruce Charlton & Peter Andras)
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  • OxCHEPS Occasional Paper No. 13:
    Costing, Funding and Sustaining Higher Education: A Case Study of Oxford University
    (OxCHEPS and The Ulanov Partnership)
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  • OxCHEPS Occasional Paper No. 14:
    Convergence and Divergence in the Global Model of Mass Higher Education: Predictions for 2010
    (Ted Tapper & David Palfreyman)
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  • OxCHEPS Occasional Paper No. 15:
    Berkeley/CSHE OxCHEPS September 2004 Symposium on the Funding of and Access to US & UK Higher Education
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  • OxCHEPS Occasional Paper No. 16 (updated 22/12/04):
    Does OFFA have teeth?
    (David Palfreyman)
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  • OxCHEPS Occasional Paper No. 17
    Plato vs. Socrates: the devolving relationship between higher education institutions and their students
    (William P. Hoye & David Palfreyman)
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  • OxCHEPS Occasional Paper No. 18 
    Higher Education and the UK Socio-Economic System
    (Vincent Carpentier)
    Report Executive Summary:
    Download as PDF
    Full Report of Research Activities and Results:
    Download as PDF
  • OxCHEPS Occasional Paper No. 19 
    A Note re the Misconduct of Academics in UK HEIs
    (David Palfreyman)
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  • OxCHEPS Occasional Paper No. 20 
    Higher education and the market: some thoughts and reflections
    (Roger Brown)
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  • OxCHEPS Occasional Paper No. 21 
    Phelps…Clark…and now Rycotewood? Disappointment damages for breach of the contract to educate
    (David Palfreyman)
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    OxCHEPS Occasional Paper No. 22 
    Global custody of endowment funds
    (David Palfreyman)
    revised 28 April 2006
    supplementary note 27 April 2007
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  • OxCHEPS Occasional Paper No. 23 
    Is academic freedom under threat in UK and US higher education?
    (David Palfreyman)
    supplementary note 21 April 2007
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  • OxCHEPS Occasional Paper No. 24 
    Higher Education and the Market: further thoughts and reflections
    (Roger Brown)
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  • OxCHEPS Occasional Paper No. 25 
    Quality Assurance & Accreditation in UK HE (and beyond)
    (David Palfreyman)
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  • OxCHEPS Occasional Paper No. 26 
    Generating Leaders in an Age of Diversity: Fifty Years of U. S. Rhodes Scholars
    (Karen D. Arnold, Ph. D. Boston College. 2005 Visiting Scholar, Oxford Centre for Policy Studies)
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  • OxCHEPS Occasional Paper No. 27
    Proceedings from a Colloquium on Higher Education Policy held at New College, Oxford in April, 2006
    Click HERE

    OxCHEPS Occasional Paper No. 27 
    Sharing the burden of avoiding reality
    (Professor Ted Tapper, Emeritus Professor of Politics, University of Sussex)
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  • OxCHEPS Occasional Paper No. 28 
    Universities and their Unions
    (Tom Bell, Paul Greatrix and Claire Horton, University of Warwick)
    Download as PDF
  • OxCHEPS Occasional Paper No. 29
    Markets, Models and Metrics in Higher Education
    (David Palfreyman, OxCHEPS, New College, Oxford)
    Updated 23 Apr 07
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  • OxCHEPS Occasional Paper No. 30
    Aiding Students, Buying Students : Will English Universities Go American?
    (Rupert Wilkinson)
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  • OxCHEPS Occasional Paper No. 31
    A personal view of the funding council perspectives on success… and failure
    (Peter Scott)
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  • OxCHEPS Occasional Paper No. 32
    Student Financial Aid: US Lessons For Policy & Practice
    (Joseph Russo, Director of Student Financial Aid, Notre Dame University)
    Summary report (Full report below)
    Download as Word 
    Download as PDF 

    Full report 
    View as restricted PDF
  • OxCHEPS Occasional Paper No. 33
    What Is An ‘Elite’ Or A ‘Top’, ‘Global’ University?
    (David Palfreyman, OxCHEPS, New College, Oxford)
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  • OxCHEPS Occasional Paper No. 34
    A Comparative Historical Perspective on 'Leadership' in Higher Education
    (David Palfreyman, OxCHEPS, New College, Oxford)
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  • OxCHEPS Occasional Paper No. 35
    Managing Economic Recession and Demographic Change: ‘Tunnelling Through the Hump’ in the 1980s, and ‘Bridging the Gap’ in 2015?
    (David Palfreyman, Director, OxCHEPS)
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  • OxCHEPS Occasional Paper No. 36
    The Legal Impact of Bologna Implementation – Exploring Criticisms and Critiques of the Bologna Process
    (David Palfreyman, Director, OxCHEPS)
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  • OxCHEPS Occasional Paper No. 37
    Papers from the second US/UK HE Law Round Table held in Oxford (2009) - on faculty/employment diversity
    1. Diversity Initiatives & The Law (Student Programs), Jonathan R. Alger
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    2. Diversity in the Age of Obama, Jonathan R. Alger
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  • OxCHEPS Occasional Paper No. 38
    Lies, Damned Lies and Irrelevant Statistics?
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  • OxCHEPS Occasional Paper No. 39
    OFFA and £6000-9000 tuition fees
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  • OxCHEPS Occasional Paper No. 40
    Is the Offa Guidance (03/11) to be challenged by Judicial Review?
    Download as Word 
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    Revised 8 April 2011
  • OxCHEPS Occasional Paper No. 41
    Pricing
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  • OxCHEPS Occasional Paper No. 42
    The Coalition Government's Proposed Assault on Institutional Autonomy in English Higher Education
    Geoffrey Alderman
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  • OxCHEPS Occasional Paper No. 43
    Educational Oversight? The incursion of the UK Border Agency into the Quality Assurance of Higher-Education Programmes
    Geoffrey Alderman
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  • OxCHEPS Occasional Paper No. 44
    What is ‘mediation’?
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  • OxCHEPS Occasional Paper No. 45
    Contexts, challenges, changes: the Bologna Process and 'Ping-Pong'
    Tim Birtwistle
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  • OxCHEPS Occasional Paper No. 46
    Oxford Roundtable programme 2012
    'Setting the Scene'
    Holiday Hart McKiernan & Tim Birtwistle
    Download as Word
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    Roundtable Schedule (V3)
    Download as Word 
    Download as PDF 
  • OxCHEPS Occasional Paper No. 47
    Anglo-US Higher Education Law Roundtable August 2012
    Draft Report to Lumina Foundation
    Download as Word
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  • OxCHEPS Occasional Paper No. 48
    The Growing Role of Immigration Law in Universal Higher Education: Case Studies of the United States and the EU
    Michael A. Olivas
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  • OxCHEPS Occasional Paper No. 49
    Higher Education in Australia – forward to 2025 with TEQSA: Treading the Education Quicksand Shakily or Assertively? 
    Sally Varnham
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  • OxCHEPS Occasional Paper No. 50
    Operating Across Borders – Different Challenges and Models
    John Hall
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  • OxCHEPS Occasional Paper No. 51
    So, just what is an Oxbridge ‘Head of House’?
    David Palfreyman, New College, Oxford
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  • OxCHEPS Occasional Paper No. 52
    Changing legal status – the impact of changes of legal form and charitable status of higher education institutions
    Nick Saunders 
    Material on the US position provided by Barbara Lee
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  • OxCHEPS Occasional Paper No. 53
    Learner Communications in Massively Open Online Courses
    Nabeel Gillani
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  • OxCHEPS Occasional Paper No. 54
    The Internationalization of Faculty Academic Freedom: Looking Toward 2025
    (prepared for the Higher Education Law Roundtable August 2012)
    William A Kaplin
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  • OxCHEPS Occasional Paper No. 55
    Reshaping the University to fit the Market-place in 2020?
    David Palfreyman, New College, Oxford
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  • OxCHEPS Occasional Paper No. 56
    Send For The Director of Compliance!
    David Palfreyman, New College, Oxford
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  • OxCHEPS Occasional Paper No. 57
    The Green Paper on Higher Education
    David Palfreyman, New College, Oxford
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  • OxCHEPS Occasional Paper No. 58
    When are universities bound by EU public procurement rules as buyers and providers? - English universities as a case study
    Dr Andrea Gideon, CLB-CCS Postdoctoral Fellow, Natoonal University of Singapore & Dr Albert Sanchez-Graells, Senior Lecturer in Law, University of Bristol Law School
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  • OxCHEPS Occasional Paper No. 59
    The Great Higher Education Scam?
    David Palfreyman, New College, Oxford
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  • OxCHEPS Occasional Paper No. 60
    The TEF by 2020?
    David Palfreyman, New College, Oxford
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  • OxCHEPS Occasional Paper No. 61
    Can an OfS and a TEF prevent English Undergraduate HE becoming the mis-selling Ssandal of the 2020s? – Is there a regulatory solution?
    Christopher Hodges,  Professor of Justice Systems, University of Oxford and David Palfreyman, New College, Oxford
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  • OxCHEPS Occasional Paper No. 62
    Insolvency
    Some speculative thoughts on the insolvency of a traditional ‘public’ English university
    David Palfreyman, OxCHEPS, August 2016
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  • OxCHEPS Occasional Paper No. 63
    The Fraud Act 2006 and University Managers – 10 years in prison?
    David Palfreyman, OxCHEPS, September 2016
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  • OxCHEPS Occasional Paper No. 64
    The Law’s View of University Governors – Power and Authority, Responsibility and Unlimited Personal Financial Liability
    David Palfreyman, OxCHEPS, March 2017
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  • OxCHEPS Occasional Paper No. 65
    Is British Mass Education Really a ‘Fraud’?In Volume 86 No. 4 of The Political Quarterly Alan Ware declared that British higher education is a ‘fraud’. Specifically he claimed that the ‘fraud’ had four components:
    • There is a ‘need’ for all to be more highly educated.
    • Higher-education qualifications result in higher incomes for those who have them.
    • here is a good fit between the skills needed in the labour market and those acquired in Britain’s education system.
    • Educational credentials can facilitate social mobility. He argues that ‘none of these myths has much basis in fact.’

Alison Johnston (in the same issue) rebutted Ware’s third claim of fraud, Ware responded to Johnston and expanded on his initial claims, and Dennis A. Ahlburg (a Visiting Fellow at OxCHEPS), in a paper to be published later this summer in The Political Quarterly, argues that Ware’s first through third claims have little or no merit and that the failure of universities to facilitate social mobility is not so much a failure of the universities but a failure of the educational system to prepare low income children for university.

OxCHEPS would like to thank The Political Quarterly for permission to post these papers on the website to facilitate discussion of the critical issues raised in these papers.

The Great British Education ‘Fraud’ of the Twentieth and Twenty-First Centuries
Alan Ware
Download as PDF 

Is British Mass Higher Education Really a ‘Fraud’? A Rebuttal to Ware
Alison Johnston
Download as PDF 

Yes, a Fraud: A Response to Johnston 
Alan Ware
Download as PDF 

Is Going to University in Britain a Wise Investment? 
Dennis A. Ahlburg
Download as PDF 

  • OxCHEPS Occasional Paper No. 66
    Skimming the Cream”: The Impacts of Coresidence at the University Of Oxford
    Dennis A. Ahlburg, Department of Economics, Trinity University, San Antonio, TX 78212, USA and Brian P. McCall, School of Education, University of Michigan, Ann Arbor, MI 48109, USA
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  • OxCHEPS Occasional Paper No. 67
    Unpicking strikes, tuition fees, and (possible) refunds
    David Palfreyman and Dennis Farrington, 2018rd
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  • OxCHEPS Occasional Paper No. 68
    Discussion paper - Bail-out or ‘merger’ or closure for a financially failing university?
    David Palfreyman and Dennis Farrington, 2018
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  • OxCHEPS Occasional Paper No. 69
    The educator’s role in Higher Education: position papers from a project of the Special Interest Group Higher Education of the Worshipful Company of Educators
    M. James C. Crabbe, Benedikt Löwe, Max Weaver
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  • OxCHEPS Occasional Paper No. 70
    A Primer for exploring the concept of ‘The Oxford Tutorial’ in teaching within schools as well as in universities
    David David Palfreyman, OBE (2018)
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  • OxCHEPS Occasional Paper No. 71
    Skunks in an English Woodland: Should England embrace For-Profit Higher Education?
    Dennis A. Ahlburg, Distinguished Chair in Economics, Trinity University, San Antonio TX 78212 USA
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  • OxCHEPS Occasional Paper No. 72 
    Does a Chartered Corporation as an artificial legal or juristic person or entity (being an incorporate person having artificial personality) have all the powers and capacities of a natural living person?
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  • OxCHEPS Occasional Paper No. 73
    Teaching quality assessment, league tables and the decline of Academic standards in British higher education.  
    Geoffrey Alderman   
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  • OxCHEPS Occasional Paper No.74
    This Paper from Mr Paul Wiltshire presents an interesting exercise in trying to gather information to inform a family decision over the selection of possible universities at which to study Law. It demonstrates just how hard it is to access meaningful information when hoping to be an informed consumer and why HE providers need to be forced to set out such data - and then be held to their providing of such ‘material information’ via a standardised, fair, comprehensive University-Student (Business2Consumer) contract to educate that is compliant with the Consumer Rights Act 2015 and with the strictures of the CMA 2015 guidance to universities over the applicability of consumer protection legislation to the legal relationship with their students, and as enforced by the OfS as part of the regulatory framework or indeed by the student using the small-claims court if not Trading Standards. (See also Occasional Paper No. 60 - NB its suggested data template now needing updating to show the use of hybrid teaching delivery within courses.)  
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  • OxCHEPS Occasional Paper No. 75
    Investigation into the extent of continuing online teaching at Universities and compliance with CMA guidelines that contact hours and teaching delivery methods should be published to enable an informed consumer
    choice.

    Published by Paul Wiltshire. A Parent campaigner concerned about online teaching at Universities
    Date Published : Sept 2023
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