Academic Freedom at American Universities

Academic Freedom at American Universities
Author: Philip Lee
Publisher: Lexington Books
Total Pages: 180
Release: 2014-11-19
Genre: Law
ISBN: 149850101X

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.

University Reform

University Reform
Author: Hans-Joerg Tiede
Publisher: JHU Press
Total Pages: 291
Release: 2015-11-15
Genre: Education
ISBN: 1421418274

How the AAUP fought to give voice to America’s faculty and defend academic freedom. The American Association of University Professors (AAUP) was founded to advance the professionalization of America’s faculty. University Reform examines the social and intellectual circumstances that led to the organization’s initial development, as well as its work to defend academic freedom. It explores the AAUP’s subsequent response to World War I and the first Red Scare. It also describes the founders’ efforts, especially those of Arthur O. Lovejoy and James McKeen Cattell, in securing a greater role for faculty in the government of colleges and universities.

Establishing Academic Freedom

Establishing Academic Freedom
Author: Timothy Reese Cain
Publisher: Springer
Total Pages: 400
Release: 2012-09-06
Genre: Education
ISBN: 1137009543

The is this the book-length work addressing the development of academic freedom and the procedures designed to protect it from the 1915 founding of the AAUP and the AAC to their endorsement of the key document in the history of professorial rights and responsibilities, the 1940 Statement of Principles of Academic Freedom and Tenure.

Freedom and Tenure in the Academy

Freedom and Tenure in the Academy
Author: William W. Van Alstyne
Publisher: Duke University Press
Total Pages: 452
Release: 1993
Genre: Education
ISBN: 9780822313335

Van Alstyne presents an "unhurried" historical review of the extent to which academic freedom has been accepted into domestic constitutional law. Two essays deal with the issue of tenure and academic freedom. Ralph S. Brown and Jordan E. Kurland agree that tenure reinforces academic freedom but wonder if there is not a large price to be paid for such a system. In a highly instructive review Matthew Finkin looks at academic tenure and freedom in the light of labor law. Focusing on freedom of artistic expression, Robert O'Neil raises difficult questions about what kinds of art displays taxpayers can be expected to tolerate in the colleges and universities they support. Rodney A. Smolla looks at the ways in which "hate" speech and offensive expression on campuses engage wide First Amendment jurisprudence. Judith Jarvis Thomson examines the vexed issue of selecting - and valuing - individual faculty members or disciplines with regard to ideology. Michael W.

AAUP Bulletin

AAUP Bulletin
Author: American Association of University Professors
Publisher:
Total Pages: 496
Release: 1915
Genre: Teaching, Freedom of
ISBN:

Includes reports of the committees on academic freedom.