Download or read book Academic Freedom and the Law written by Eric Barendt and published by Bloomsbury Publishing. This book was released on 2010-11-19 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Academic Freedom and the Law written by Eric Barendt and published by Bloomsbury Publishing. This book was released on 2010-11-19 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book For the Common Good written by Matthew W. Finkin and published by Yale University Press. This book was released on 2009-04-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Understanding Academic Freedom written by Henry Reichman and published by JHU Press. This book was released on 2021-10-05 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book offers the first comprehensive introduction to academic freedom, surveying its history and application to research, teaching, and public expression, as well as its treatment in the legal arena and its applicability to students"--
Download or read book Democracy Expertise and Academic Freedom written by Robert C. Post and published by Yale University Press. This book was released on 2012-01-24 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Academic Freedom and the Law written by and published by . This book was released on 1970 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Academic Freedom and the Law written by E. M. Barendt and published by . This book was released on 2010 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Academic Freedom written by David M. Rabban and published by Harvard University Press. This book was released on 2024 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Challenges to Academic Freedom written by Joseph C. Hermanowicz and published by JHU Press. This book was released on 2021-11-23 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Academic Freedom at American Universities written by Philip Lee and published by Lexington Books. This book was released on 2014-11-19 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Versions of Academic Freedom written by Stanley Fish and published by University of Chicago Press. This book was released on 2014-10-23 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Advocates of academic freedom often view it as a variation of the right to free speech and an essential feature of democracy. Stanley Fish argues here for a narrower conception of academic freedom, one that does not grant academics a legal status different from other professionals. Providing a blueprint for the study of academic freedom, Fish breaks down the schools of thought on the subject, which range from the idea that academic freedom is justified by the common good or by academic exceptionalism, to its potential for critique or indeed revolution. Fish himself belongs to what he calls the It s Just a Job school: while academics need the latitude call it freedom if you like necessary to perform their professional activities, they are not free in any special sense to do anything but their jobs. Academic freedom, Fish argues, should be justified only by the specific educational good that academics offer. Defending the university in all its glorious narrowness as a place of disinterested inquiry, Fish offers a bracing corrective to academic orthodoxy."
Download or read book Academic Freedom and the Law written by NUS and NCCL Commission on Academic Freedom and the Law and published by . This book was released on 1970 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Value and Limits of Academic Speech written by Donald Alexander Downs and published by Routledge. This book was released on 2018-05-03 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Free speech has been a historically volatile issue in higher education. In recent years, however, there has been a surge of progressive censorship on campus. This wave of censorship has been characterized by the explosive growth of such policies as "trigger warnings" for course materials; "safe spaces" where students are protected from speech they consider harmful or distressing; "micro-aggression" policies that often strongly discourage the use of words that might offend sensitive individuals; new "bias-reporting" programs that consist of different degrees of campus surveillance; the "dis-invitation" of a growing list of speakers, including many in the mainstream of American politics and values; and the prominent "shouting down" or disruption of speakers deemed inconsistent with progressive ideology. Not to be outdone, external forces on the right are now engaging in social media bullying of speakers and teachers whose views upset them. The essays in this collection, written by prominent philosophers, political scientists, sociologists, and legal scholars, examine the issues at the forefront of the crisis of free speech in higher education. The contributors address the broader historical, cultural, legal, and normative contexts of the current crisis, and take care to analyze the role of "due process" in protecting academic freedom and individuals accused of misconduct. Additionally, the volume is unique in that it advances practical remedies to campus censorship, as the editors and many of the contributors have participated in movements to remedy limitations on free speech and open inquiry. The Value and Limits of Academic Speech will educate academic professionals and informed citizens about the phenomenon of progressive censorship and its implications for higher education and the republic.
Download or read book Academic Freedom and the Law written by National Union of Students Commission on Academic Freedom and the Law and published by . This book was released on 1970 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Academic Freedom in the Wired World written by Robert O'Neil and published by Harvard University Press. This book was released on 2009-07-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this passionately argued overview, a longtime activist-scholar takes readers through the changing landscape of academic freedom. From the aftermath of September 11th to the new frontier of blogging, Robert O'Neil examines the tension between institutional and individual interests. Many cases boil down to a hotly contested question: who has the right to decide what is taught in the classroom? O'Neil shows how courts increasingly restrict professorial judgment, and how the feeble protection of what is posted on the Internet and written in email makes academics more vulnerable than ever. Even more provocatively, O'Neil argues, the newest threats to academic freedom come not from government, but from the private sector. Corporations increasingly sponsor and control university-based research, while self-appointed watchdogs systematically harass individual teachers on websites and blogs. Most troubling, these threats to academic freedom are nearly immune from legal recourse. Insisting that new concepts of academic freedom, and new strategies for maintaining it are needed, O'Neil urges academics to work together--and across rigid and simplistic divisions between left and right.
Download or read book The Future of Academic Freedom written by Henry Reichman and published by Johns Hopkins University Press. This book was released on 2019-04-02 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issues Reichman considers—which are the subjects of daily conversation on college and university campuses nationwide as well as in the media—will fascinate general readers, students, and scholars alike.
Download or read book Academic Freedom and the Law written by Commission on Academic Freedom and the Law and published by . This book was released on 1970 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
