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Academic Freedom and the Law

Academic Freedom and the Law
Author: Eric Barendt
Publisher: Bloomsbury Publishing
Total Pages: 359
Release: 2010-11-19
Genre: Law
ISBN: 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.


Academic Freedom and the Law

Academic Freedom and the Law
Author: Eric Barendt
Publisher: Bloomsbury Publishing
Total Pages: 360
Release: 2010-11-19
Genre: Law
ISBN: 1847318037

Download Academic Freedom and the Law Book in PDF, ePub and Kindle

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:
Total Pages: 331
Release: 2010
Genre: Academic freedom
ISBN: 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.


Democracy, Expertise, and Academic Freedom

Democracy, Expertise, and Academic Freedom
Author: Robert C. Post
Publisher: Yale University Press
Total Pages: 193
Release: 2012-01-24
Genre: Law
ISBN: 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.


For the Common Good

For the Common Good
Author: Matthew W. Finkin
Publisher: Yale University Press
Total Pages: 272
Release: 2009-04-21
Genre: Education
ISBN: 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
Total Pages: 246
Release: 2021-10-05
Genre: Education
ISBN: 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"--


Versions of Academic Freedom

Versions of Academic Freedom
Author: Stanley Fish
Publisher: University of Chicago Press
Total Pages: 178
Release: 2014-10-23
Genre: Education
ISBN: 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:
Publisher:
Total Pages: 106
Release: 1970
Genre: College students
ISBN: 9780900554155

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Academic Freedom

Academic Freedom
Author: David M. Rabban
Publisher: Harvard University Press
Total Pages: 381
Release: 2024
Genre: Education
ISBN: 0674295951

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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.


Challenges to Academic Freedom

Challenges to Academic Freedom
Author: Joseph C. Hermanowicz
Publisher: JHU Press
Total Pages: 302
Release: 2021-11-23
Genre: Education
ISBN: 1421442205

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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