Academic Freedom And The Law
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Academic Freedom And The Law
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Author : E. M. Barendt
language : en
Publisher:
Release Date : 2010
Academic Freedom And The Law written by E. M. Barendt and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Academic freedom categories.
This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise. --Book Jacket.
Academic Freedom And The Law
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Author : Eric Barendt
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-11-19
Academic Freedom And The Law written by Eric Barendt and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-19 with Law categories.
Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. The book outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work. This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.
Academic Freedom And The Law
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Author : NUS and NCCL Commission on Academic Freedom and the Law
language : en
Publisher:
Release Date : 1970
Academic Freedom And The Law written by NUS and NCCL Commission on Academic Freedom and the Law and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Civil rights categories.
Academic Freedom And The Law
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Author :
language : en
Publisher:
Release Date : 1970
Academic Freedom And The Law written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with College students categories.
Challenges To Academic Freedom
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Author : Joseph C. Hermanowicz
language : en
Publisher: JHU Press
Release Date : 2021-11-23
Challenges To Academic Freedom written by Joseph C. Hermanowicz and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-23 with Education categories.
A must-read collection on contemporary threats to academic freedom. Academic freedom may be threatened like never before. Yet confusion endures about what professors have a defensible right to say or publish, particularly in extramural forums like social media. At least one source of the confusion in the United States is the way in which academic freedom is often intertwined with a constitutional freedom of speech. Though related, the freedoms are distinct. In Challenges to Academic Freedom, Joseph C. Hermanowicz argues that, contrary to many historical views, academic freedom is not static. Rather, we may view academic freedom as a set of relational practices that change over time and place. Bringing together scholars from a wide range of fields, this volume examines the current conditions, as well as recent developments, of academic freedom in the United States. • the sources of recurring threat to academic freedom; • administrative interference and overreach; • the effects of administrative law on academic work, carried out under the auspices of Title IX legislation, diversity and inclusion offices, research misconduct tribunals, and institutional review boards; • the tenuous tie between academic freedom and the law, and what to do about it; • the highly contested arena of extramural speech and social media; and • academic freedom in a contingent academy. Adopting varied epistemological bases to engage their subject matter, the contributors demonstrate perspectives that are, by turn, case study analyses, historical, legal-analytic, formal-empirical, and policy oriented. Traversing such conceptual range, Challenges to Academic Freedom demonstrates the imperative of academic freedom to producing outstanding scholarly work amid the concept's entanglements in the twenty-first century. Contributors: Patricia A. Adler, Peter Adler, Timothy Reese Cain, Dan Clawson, Joseph C. Hermanowicz, Philip Lee, Gary Rhoades, Laura Stark, John R. Thelin, Hans-Joerg Tiede, Gaye Tuchman, Stephen Turner, Eve Weinbaum
Academic Freedom At American Universities
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Author : Philip Lee
language : en
Publisher: Lexington Books
Release Date : 2014-11-19
Academic Freedom At American Universities written by Philip Lee and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-19 with Law categories.
This book details the legal and historical development of institutional and professorial academic freedoms to better understand the relationship between these concepts. While some judges and scholars have focused on the divergence of these protections, this book articulates an aligned theory that brings both the professorial and institutional theories together. It argues that while constitutionally based academic freedom does its job in protecting both public and private universities from excessive state interference, or at the very least it asks the right questions, it is inadequate because it fails to protect many individual professors in the same way. This solution entails using contract law to fill in the gaps that constitutional law leaves open in regard to protecting individual professors. Contract law is an effective alternative to constitutional law for three reasons. First, unlike constitutional law, it covers professors at both public and private universities. Second, it allows for the consideration of the custom and usage of the academic community as either express or implied contract terms in resolving disputes between universities and professors. Third, contract law enables courts to structure remedies that take into account the specific campus contexts that give rise to various disputes instead of crafting broad remedies that may ill fit certain campus environments. The proposed reconceptualization of academic freedom merges constitutional protection for institutions and contractual protection for individual professors. This combined approach would provide a more comprehensive framework than is currently available under the predominantly constitutional paradigm of academic freedom.
Academic Freedom
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Author : David M. Rabban
language : en
Publisher: Harvard University Press
Release Date : 2024
Academic Freedom written by David M. Rabban and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with Education categories.
David Rabban provides the first comprehensive synthesis of the case law on academic freedom and the First Amendment at American universities. Responding to the judicial decisions and drawing on the justification for academic freedom as a professional norm, he develops a theory of academic freedom as a distinctive First Amendment right.
Democracy Expertise And Academic Freedom
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Author : Robert C. Post
language : en
Publisher: Yale University Press
Release Date : 2012-01-24
Democracy Expertise And Academic Freedom written by Robert C. Post and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-24 with Law categories.
A leading American legal scholar offers a surprising account of the incompleteness of prevailing theories of freedom of speech. Robert C. Post shows that the familiar understanding of the First Amendment, which stresses the “marketplace of ideas” and which holds that "everyone is entitled to an opinion," is inadequate to create and preserve the expert knowledge that is necessary for a modern democracy to thrive. For a modern society reliably to answer such questions as whether nicotine causes cancer, the free and open exchange of ideas must be complemented by standards of scientific competence and practice that are both hierarchical and judgmental. Post develops a theory of First Amendment rights that seeks to explain both the need for the free formation of public opinion and the need for the distribution and creation of expertise. Along the way he offers a new and useful account of constitutional doctrines of academic freedom. These doctrines depend both upon free expression and the necessity of the kinds of professional judgment that universities exercise when they grant or deny tenure, or that professional journals exercise when they accept or reject submissions.
Zealotry And Academic Freedom
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Author : Neil Hamilton
language : en
Publisher: Routledge
Release Date : 2018-04-27
Zealotry And Academic Freedom written by Neil Hamilton and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-27 with Education categories.
Zealotry and Academic Freedom began with the author's personal experience with suppression of academic speech and obstacles to the pursuit of academic quality. Using his own tumultuous experience as a starting point, Hamilton explores how significant efforts to create an autonomous space for academic speech within the university over the past 125 years have been thwarted.Hamilton charges that a fundamentalist academic left in some humanities and social science faculties views the exercise of standards of academic quality and merit-based performance evaluations as tools of oppression and bigotry. Academic zealots ferret out and oppose hidden structures of so-called oppression in our "Eurocentric" culture. Any faculty member overtly supporting academic quality is thus suspected of bigotry and subject to investigations.The opening portion of the book locates similarities with the religious fundamentalism of the nineteenth century in waves of zealotry in American higher education. The first part covers student activism in the 1960s through the emergence of a radical academic left in the early 1990s. The second part examines the meaning of academic freedom and the protection of expression that should be secured. The third and final portion shows how targets of the coercive tactics of the zealots in any period of zealotry can, and have been effectively rebuked, and ultimately overcome.Neil Hamilton's book will generate controversy, particularly the chapters that inquire into the current wave of academic suppression. Hamilton warns that "history instructs that it can happen here." This candid look into the politics of higher education will be gripping reading for all those concerned with the future of education: professors, administrators, students, and parents. There has been a growing literature on this subject, but none cover the legal-political aspects of political correctness with such precision.
For The Common Good
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Author : Matthew W. Finkin
language : en
Publisher: Yale University Press
Release Date : 2009-04-21
For The Common Good written by Matthew W. Finkin and has been published by Yale University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-21 with Law categories.
This book offers a concise explanation of the history and meaning of American academic freedom, and it attempts to intervene in contemporary debates by clarifying the fundamental functions and purposes of academic freedom in America.--From publisher description.