Academic Freedom and the Law

Academic Freedom and the Law

Author: Eric Barendt

Publisher: Bloomsbury Publishing

Published: 2010-11-19

Total Pages: 359

ISBN-13: 1847316107

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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.


For the Common Good

For the Common Good

Author: Matthew W. Finkin

Publisher: Yale University Press

Published: 2009-04-21

Total Pages: 272

ISBN-13: 0300155549

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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.


Understanding Academic Freedom

Understanding Academic Freedom

Author: Henry Reichman

Publisher: JHU Press

Published: 2021-10-05

Total Pages: 246

ISBN-13: 1421442159

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"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"--


Democracy, Expertise, and Academic Freedom

Democracy, Expertise, and Academic Freedom

Author: Robert C. Post

Publisher: Yale University Press

Published: 2012-01-24

Total Pages: 193

ISBN-13: 0300148631

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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.


Versions of Academic Freedom

Versions of Academic Freedom

Author: Stanley Fish

Publisher: University of Chicago Press

Published: 2014-10-23

Total Pages: 178

ISBN-13: 022606431X

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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."


Academic Freedom and the Law

Academic Freedom and the Law

Author: Eric Barendt

Publisher: Bloomsbury Publishing

Published: 2010-11-19

Total Pages: 360

ISBN-13: 1847318037

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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

Academic Freedom and the Law

Author: E. M. Barendt

Publisher:

Published: 2010

Total Pages: 331

ISBN-13: 9781472560827

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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.


The Law of Higher Education

The Law of Higher Education

Author: William A. Kaplin

Publisher: John Wiley & Sons

Published: 2011-03-08

Total Pages: 749

ISBN-13: 1118046595

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Based on the fourth edition of The Law of Higher Education—the indispensable guide to law that bears on the provision of higher education—this Student Edition provides an up-to-date reference and guide for coursework in higher education law. It also provides a guide for programs that help prepare higher education administrators for leadership roles. This important reference is organized into five main parts Perspectives and Foundations; The College and Its Governing Board and Staff; The College and Its Faculty; The College and Its Students; and The College and the Outside World. Each part includes the sections of the full fourth edition that most relate to student interests and are most suitable for classroom instruction, for example: The evolution and reach of higher education law The governance of higher education Legal planning and dispute resolution The interrelationships between law and policy The college and its employees Faculty employment and tenure Academic freedom Campus issues: student safety, racial and sexual harassment, affirmative action, computer networks, services for international students Student misconduct Freedom of speech, hate speech Student rights, responsibilities, and activities fees Athletics and Title IX Copyright