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Author: Philip Lee
Publisher: Lexington Books
ISBN: 149850101X
Category : Law
Languages : en
Pages : 180
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Book Description
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.
Author: Henry Reichman
Publisher: JHU Press
ISBN: 1421442159
Category : Education
Languages : en
Pages : 246
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Book Description
"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"--
Author: Henry Reichman
Publisher: Johns Hopkins University Press
ISBN: 142142858X
Category : Education
Languages : en
Pages : 377
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Book Description
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.
Author: Matthew W. Finkin
Publisher: Yale University Press
ISBN: 0300155549
Category : Education
Languages : en
Pages : 272
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Book Description
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.
Author: Joan Wallach Scott
Publisher: Columbia University Press
ISBN: 0231548931
Category : Education
Languages : en
Pages : 134
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Book Description
Academic freedom rests on a shared belief that the production of knowledge advances the common good. In an era of education budget cuts, wealthy donors intervening in university decisions, and right-wing groups threatening dissenters, scholars cannot expect that those in power will value their work. Can academic freedom survive in this environment—and must we rearticulate what academic freedom is in order to defend it? This book presents a series of essays by the renowned historian Joan Wallach Scott that explore the history and theory of free inquiry and its value today. Scott considers the contradictions in the concept of academic freedom. She examines the relationship between state power and higher education; the differences between the First Amendment right of free speech and the guarantee of academic freedom; and, in response to recent campus controversies, the politics of civility. The book concludes with an interview conducted by Bill Moyers in which Scott discusses the personal experiences that have informed her views. Academic freedom is an aspiration, Scott holds: its implementation always falls short of its promise, but it is essential as an ideal of ethical practice. Knowledge, Power, and Academic Freedom is both a nuanced reflection on the tensions within a cherished concept and a strong defense of the importance of critical scholarship to safeguard democracy against the anti-intellectualism of figures from Joseph McCarthy to Donald Trump.
Author: Stanley Fish
Publisher: University of Chicago Press
ISBN: 022606431X
Category : Education
Languages : en
Pages : 178
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Book Description
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."
Author: Beshara Doumani
Publisher:
ISBN:
Category : Education
Languages : en
Pages : 334
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Book Description
Essays on the challenges to academic freedom posed by post-9/11 political interventions and the growing commercialization of knowledge. Are the attacks on academic freedom after 9/11 a passing storm, or do they represent a structural shift that undermines one of the pillars of democratic societies? This book brings together some of this nation's leading scholars to analyze the challenges to academic freedom posed by post-9/11 political interventions and the market-driven commercialization of knowledge, examining these issues in light of the major transformations in the system of higher education since the Second World War, including conflicting interpretations of what constitutes academic freedom. Following an analysis of the historical significance of the post-9/11 threats to academic freedom, three strongly argued and not easily reconcilable essays by Robert Post, Judith Butler, and Philippa Strum discuss what visions of academic freedom can be defended and the best strategies for doing so. Three case studies--Kathleen J. Frydl on the loyalty-oath and free-speech controversies at the University of California, Amy Newhall on the tortured relationship between universities and the government as seen in language acquisition programs, and Joel Beinin on the policing of thought in the academy in relation to the Middle East--deepen our understanding of what is at stake. In clear and powerful prose, these essays provide a solid platform for informed classroom and public discussions on the philosophical foundations, institutional practices, and political dimensions of academic freedom on the threshold of the twenty-first century.
Author: Philip Lee
Publisher: Lexington Books
ISBN: 149850101X
Category : Law
Languages : en
Pages : 180
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Book Description
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.
Author: Robert K. Poch
Publisher: Jossey-Bass
ISBN:
Category : Education
Languages : en
Pages : 116
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Book Description
Presents the popular conceptions and historical progress of academic freedom. Examines AAUP's 1940 Statement of Academic Freedom and discusses its legal aspects. Addresses issues on artistic expression, academic freedom in church-related colleges and universities, and political correctness.
Author: Matthew W. Finkin
Publisher: Yale University Press
ISBN: 0300143540
Category : Law
Languages : en
Pages : 272
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Book Description
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.
Author: Walter P. Metzger
Publisher: Columbia University Press
ISBN: 9780231085120
Category : Education
Languages : en
Pages : 244
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Book Description
