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The Evolution of the Protections of Tenure in Relation to Academic Freedom in the United States and Its Interpretation in the United States Legal System

The Evolution of the Protections of Tenure in Relation to Academic Freedom in the United States and Its Interpretation in the United States Legal System PDF Author: Matthew J. Hertzog
Publisher:
ISBN:
Category : Academic freedom
Languages : en
Pages : 0

Book Description
The concept of academic freedom and tenure has been a point of discussion between university faculty and administration since these concepts were established by the American Association of University Professors (AAUP) in their 1915 Declaration of Principles on Academic Freedom and Tenure. Within this dissertation the history of these two issues and how they became an integral part of higher education in the United States is examined. Finally, a detailed review of landmark state and federal court cases is included along with the impact these decisions have had on academic freedom and tenure.

The Evolution of the Protections of Tenure in Relation to Academic Freedom in the United States and Its Interpretation in the United States Legal System

The Evolution of the Protections of Tenure in Relation to Academic Freedom in the United States and Its Interpretation in the United States Legal System PDF Author: Matthew J. Hertzog
Publisher:
ISBN:
Category : Academic freedom
Languages : en
Pages : 0

Book Description
The concept of academic freedom and tenure has been a point of discussion between university faculty and administration since these concepts were established by the American Association of University Professors (AAUP) in their 1915 Declaration of Principles on Academic Freedom and Tenure. Within this dissertation the history of these two issues and how they became an integral part of higher education in the United States is examined. Finally, a detailed review of landmark state and federal court cases is included along with the impact these decisions have had on academic freedom and tenure.

Protections of Tenure and Academic Freedom in the United States

Protections of Tenure and Academic Freedom in the United States PDF Author: Matthew J Hertzog
Publisher: Springer
ISBN: 3319562703
Category : Education
Languages : en
Pages : 201

Book Description
This volume examines the historical origins of tenure in higher education. The concept of academic freedom and tenure has been a point of discussion between university faculty and administration since the American Association of University Professors (AAUP) established these two concepts in their 1915 Declaration of Principles on Academic Freedom and Tenure. In this book, the author examines the history of these two issues and how they became an integral part of higher education in the United States. In his detailed analysis, the author provides a review of landmark state and federal court cases and evaluates the subsequent impact of those rulings on academic freedom and tenure.

The Concept of Academic Freedom

The Concept of Academic Freedom PDF Author: Edmund L. Pincoffs
Publisher: University of Texas Press
ISBN: 029276636X
Category : Education
Languages : en
Pages : 297

Book Description
Most professors and administrators are aware that academic freedom is in danger of being brushed aside by a public that has little understanding of what is at stake. They may be only marginally aware that the defense of academic freedom is endangered by certain confusions concerning the nature of academic freedom, the criteria for its violation, and the structure of an adequate justification for claims to it. These confusions were enshrined in some of the central documents on the subject, including the 1940 Statement on Academic Freedom and Tenure, agreed upon by the American Association of University Professors and the Association of American Colleges and endorsed by many professional organizations. Careful analysis of them will not do away with debate; it will bring the debate into focus, so that attacks on academic freedom can be appraised as near or far away from the center of the target and can then be appropriately answered. Nearly all the contemporary writing on academic freedom consists of attack or defense. The Concept of Academic Freedom is the first book to deal exclusively with fundamental conceptual issues underlying the battle. In the discussion of these issues, certain philosophical positions crystallize: radical versus liberal conceptions of the status and function of university teachers, specific versus general theories of academic freedom, consequential versus nonconsequential theories of justification. Partisans (and enemies) of academic freedom would do well to decide on which side of these divisions they stand, or how they would mediate between sides. Otherwise many questions will remain unclear: What is under discussion—a special right peculiar to academics or a general right that is especially important to academics? Is justification of that right possible? Can the right be derived from other rights, or from the theory of justice or of democratic society? Or is the argument for academic freedom one that more properly turns on the consequences for society as a whole if that freedom is not protected? The essays in this book explore these and other problems concerning the defense of academic freedom by radicals, the justification for disruption on campus, and the control of research. Contributors to the volume include Hugo Adam Bedau, Bertram H. Davis, Milton Fisk, Graham Hughes, Alan Pasch, Hardy E. Jones, Alexander Ritchie, Amelie Oksenberg Rorty, Rolf Sartorius, T. M. Scanlon, Richard Schmitt, John R. Searle, Judith Jarvis Thomson, and William Van Alstyne. All are outstanding in their fields. Many have had practical experience in the legal profession or with the American Association of University Professors on the issue of academic freedom.

Academic Freedom at American Universities

Academic Freedom at American Universities PDF Author: Philip Lee
Publisher: Lexington Books
ISBN: 149850101X
Category : Law
Languages : en
Pages : 202

Book Description
Lee argues that the dominant constitutional analysis of academic freedom is insufficient to protect the full range of academic freedom interests that have emerged over time. As an alternative to an exclusively First Amendment foundation for this freedom, it proposes for a contract-law-based conception specifically for professors.

Recommended Principles to Guide Academy-Industry Relationships

Recommended Principles to Guide Academy-Industry Relationships PDF Author: American Association of University Professors American Association of University Professors
Publisher: University of Illinois Press
ISBN: 0252096584
Category : Education
Languages : en
Pages : 370

Book Description
The reputation of a college or institution depends upon the integrity of its faculty and administration. Though budgets are important, ethics are vital, and a host of new ethical problems now beset higher education. From MOOCS and intellectual property rights to drug industry payments and conflicts of interest, this book offers AAUP policy language and best practices to deal with all the campus-wide challenges of today's corporate university: • Preserving the integrity of research and public respect for higher education • Eliminating and managing individual and institutional financial conflicts of interest • Maintaining unbiased hiring and recruitment policies • Establishing grievance procedures and due process rights for faculty, graduate students, and academic professionals • Mastering the complications of negotiations over patents and copyright • Assuring the ethics of research involving human subjects. In a time of dynamic change Recommended Principles to Guide Academy-Industry Relationships offers an indispensable and authoritative guide to sustaining integrity and tradition while achieving great things in twenty-first century academia.

Higher Education: Handbook of Theory and Research

Higher Education: Handbook of Theory and Research PDF Author: Laura W. Perna
Publisher: Springer Nature
ISBN: 3031066960
Category : Education
Languages : en
Pages : 695

Book Description
Published annually since 1985, the Handbook series provides a compendium of thorough and integrative literature reviews on a diverse array of topics of interest to the higher education scholarly and policy communities. Each chapter provides a comprehensive review of research findings on a selected topic, critiques the research literature in terms of its conceptual and methodological rigor and sets forth an agenda for future research intended to advance knowledge on the chosen topic. The Handbook focuses on a comprehensive set of central areas of study in higher education that encompasses the salient dimensions of scholarly and policy inquiries undertaken in the international higher education community. Each annual volume contains chapters on current important issues pertaining to college students and faculty, organization and administration, curriculum and instruction, policy, diversity issues, economics and finance, history and philosophy, community colleges, advances in research methodology and other key aspects of higher education administration. The series is fortunate to have attracted annual contributions from distinguished scholars throughout the world.

For the Common Good

For the Common Good PDF Author: Matthew W. Finkin
Publisher: Yale University Press
ISBN: 0300143540
Category : Law
Languages : en
Pages : 272

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.

Faculty Academic Freedom

Faculty Academic Freedom PDF Author: William R. Wilkie
Publisher:
ISBN:
Category : Teaching, Freedom of
Languages : en
Pages : 242

Book Description


Higher Education Law

Higher Education Law PDF Author: Steven G. Poskanzer
Publisher: JHU Press
ISBN: 0801876699
Category : Education
Languages : en
Pages : 367

Book Description
"Do we need to talk to our lawyers about this?" "What do the attorneys say?" "Why didn't you get the lawyers involved before now?" Just about every department chair and dean, certainly every provost and president, and an ever-increasing number of faculty find themselves asking—or being asked—such questions. Dealing with issues ranging from academic freedom to job security and faculty discipline, lawyers, legal requirements, and lawsuits has become an established part of the apparatus of American higher education. Higher Education Law was written to help faculty and administrators navigate critical legal issues and avoid potential legal pitfalls. Drawing on his experience as university counsel, administrator, and teacher at a number of institutions, Steven G. Poskanzer explains the law as it pertains to faculty activities both inside and outside the academy, including faculty roles as scholars, teachers, and members of institutional communities, as well as employees and public citizens. In each of these areas, he expands his discussion of cases and decisions to set out his own views both on the current status of the law and how it is likely to evolve.

Freedom and Tenure in the Academy

Freedom and Tenure in the Academy PDF Author: William W. Van Alstyne
Publisher: Duke University Press
ISBN: 9780822313335
Category : Education
Languages : en
Pages : 452

Book Description
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.