Academic Freedom and the Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316107
Total Pages : 360 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Academic Freedom and the Law by : Eric Barendt

Download or read book Academic Freedom and the Law written by Eric Barendt and published by Bloomsbury Publishing. This book was released on 2010-11-19 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318037
Total Pages : 360 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Academic Freedom and the Law by : Eric Barendt

Download or read book Academic Freedom and the Law written by Eric Barendt and published by Bloomsbury Publishing. This book was released on 2010-11-19 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Understanding Academic Freedom

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Author :
Publisher : JHU Press
ISBN 13 : 1421442159
Total Pages : 246 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Understanding Academic Freedom by : Henry Reichman

Download or read book Understanding Academic Freedom written by Henry Reichman and published by JHU Press. This book was released on 2021-10-05 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--

For the Common Good

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Publisher : Yale University Press
ISBN 13 : 0300155549
Total Pages : 272 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis For the Common Good by : Matthew W. Finkin

Download or read book For the Common Good written by Matthew W. Finkin and published by Yale University Press. This book was released on 2009-04-21 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Democracy, Expertise, and Academic Freedom

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Publisher : Yale University Press
ISBN 13 : 0300148631
Total Pages : 193 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Democracy, Expertise, and Academic Freedom by : Robert C. Post

Download or read book Democracy, Expertise, and Academic Freedom written by Robert C. Post and published by Yale University Press. This book was released on 2012-01-24 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Academic Freedom and the Law

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Author :
Publisher :
ISBN 13 : 9780900554155
Total Pages : 106 pages
Book Rating : 4.5/5 (541 download)

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Book Synopsis Academic Freedom and the Law by :

Download or read book Academic Freedom and the Law written by and published by . This book was released on 1970 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Versions of Academic Freedom

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022606431X
Total Pages : 178 pages
Book Rating : 4.2/5 (26 download)

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Book Synopsis Versions of Academic Freedom by : Stanley Fish

Download or read book Versions of Academic Freedom written by Stanley Fish and published by University of Chicago Press. This book was released on 2014-10-23 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Challenges to Academic Freedom

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Publisher : JHU Press
ISBN 13 : 1421442205
Total Pages : 302 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Challenges to Academic Freedom by : Joseph C. Hermanowicz

Download or read book Challenges to Academic Freedom written by Joseph C. Hermanowicz and published by JHU Press. This book was released on 2021-11-23 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Academic Freedom in the Wired World

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Publisher : Harvard University Press
ISBN 13 : 9780674033726
Total Pages : 328 pages
Book Rating : 4.0/5 (337 download)

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Book Synopsis Academic Freedom in the Wired World by : Robert O'Neil

Download or read book Academic Freedom in the Wired World written by Robert O'Neil and published by Harvard University Press. This book was released on 2009-07-01 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this passionately argued overview, a longtime activist-scholar takes readers through the changing landscape of academic freedom. From the aftermath of September 11th to the new frontier of blogging, Robert O'Neil examines the tension between institutional and individual interests. Many cases boil down to a hotly contested question: who has the right to decide what is taught in the classroom? O'Neil shows how courts increasingly restrict professorial judgment, and how the feeble protection of what is posted on the Internet and written in email makes academics more vulnerable than ever. Even more provocatively, O'Neil argues, the newest threats to academic freedom come not from government, but from the private sector. Corporations increasingly sponsor and control university-based research, while self-appointed watchdogs systematically harass individual teachers on websites and blogs. Most troubling, these threats to academic freedom are nearly immune from legal recourse. Insisting that new concepts of academic freedom, and new strategies for maintaining it are needed, O'Neil urges academics to work together--and across rigid and simplistic divisions between left and right.

Academic Freedom and the Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (221 download)

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Book Synopsis Academic Freedom and the Law by : NUS and NCCL Commission on Academic Freedom and the Law

Download or read book Academic Freedom and the Law written by NUS and NCCL Commission on Academic Freedom and the Law and published by . This book was released on 1970 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Academic Freedom at American Universities

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Author :
Publisher : Lexington Books
ISBN 13 : 149850101X
Total Pages : 180 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Academic Freedom at American Universities by : Philip Lee

Download or read book Academic Freedom at American Universities written by Philip Lee and published by Lexington Books. This book was released on 2014-11-19 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Academic Freedom and the Law

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Author :
Publisher :
ISBN 13 : 9781472560827
Total Pages : 331 pages
Book Rating : 4.5/5 (68 download)

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Book Synopsis Academic Freedom and the Law by : E. M. Barendt

Download or read book Academic Freedom and the Law written by E. M. Barendt and published by . This book was released on 2010 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Future of Academic Freedom

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Author :
Publisher : JHU Press
ISBN 13 : 1421428598
Total Pages : 377 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis The Future of Academic Freedom by : Henry Reichman

Download or read book The Future of Academic Freedom written by Henry Reichman and published by JHU Press. This book was released on 2019-04-02 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few issues are as hotly debated or misunderstood as academic freedom. Reichman's book sheds light on and brings clarity to those debates. Winner of the Eli M. Oboler Memorial Award by the American Library Association Academic freedom—crucial to the health of American higher education—is threatened on many fronts. In The Future of Academic Freedom, a leading scholar equips us to defend academic freedom by illuminating its meaning, the challenges it faces, and its relation to freedom of expression. In the wake of the 2016 election, challenges to academic freedom have intensified, higher education has become a target of attacks by conservatives, and issues of free speech on campus have grown increasingly controversial. In this book, Henry Reichman cuts through much of the rhetoric to issue a clarion call on behalf of academic freedom as it has been defined and defended by the American Association of University Professors (AAUP) for over a hundred years. Along the way, he makes it clear that this is the issue of our day. Over the course of ten audacious essays, Reichman explores the theory, history, and contemporary practice of academic freedom. He pays attention to such varied concerns as the meddling of politicians and corporate trustees in curriculum and university governance, the role of online education, the impact of social media, the rights of student protesters and outside speakers, the relationship between collective bargaining and academic freedom, and the influence on research and teaching of ideologically motivated donors. Significantly, he debunks myths about the strength of the alleged opposition to free expression posed by student activism and shows that the expressive rights of students must be defended as part of academic freedom. Based on broad reading in such diverse fields as educational theory, law, history, and political science, as well as on the AAUP's own investigative reporting, The Future of Academic Freedom combines theoretical sweep with the practical experience of its author, a leader and activist in the AAUP who is an expert on campus free speech. 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.

Silenced Stages

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Publisher :
ISBN 13 : 9781531016036
Total Pages : pages
Book Rating : 4.0/5 (16 download)

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Book Synopsis Silenced Stages by : George R. LaNoue

Download or read book Silenced Stages written by George R. LaNoue and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Academic Freedom and the Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (16 download)

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Book Synopsis Academic Freedom and the Law by : National Union of Students Commission on Academic Freedom and the Law

Download or read book Academic Freedom and the Law written by National Union of Students Commission on Academic Freedom and the Law and published by . This book was released on 1970 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Obama Health Law: What It Says and How to Overturn It

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Publisher : Encounter Books
ISBN 13 : 1594035067
Total Pages : 60 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis Obama Health Law: What It Says and How to Overturn It by : Betsy McCaughey

Download or read book Obama Health Law: What It Says and How to Overturn It written by Betsy McCaughey and published by Encounter Books. This book was released on 2010 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fight against ObamaCare is just beginning. The new health law, signed on March 23, 2010, destroys our constitutional rights. For the first time in history, the federal government will dictate how doctors treat their privately insured patients. That will affect you, no matter what brand-name health plan you have. Worse, some hospitals will stop taking Medicare. Where will seniors go? Advocates for women’s rights need to reassess ObamaCare. Whether you are a man or a woman, pro-choice or pro-life, you lose freedom and privacy. In 1994, Betsy McCaughey read the 1,362-page Clinton health bill, warned the nation of its dangers, and made history. In this eye-opening Broadside, she dissects the 2,700-page health legislation, shows how it will affect you and your family, and presents a battle plan to overturn it. “We cannot falter now,” McCaughey says. “With the Constitution on our side, freedom will prevail.”

Do Justice and Let the Sky Fall

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Publisher : Psychology Press
ISBN 13 : 1134811934
Total Pages : 253 pages
Book Rating : 4.1/5 (348 download)

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Book Synopsis Do Justice and Let the Sky Fall by : Maryanne Garry

Download or read book Do Justice and Let the Sky Fall written by Maryanne Garry and published by Psychology Press. This book was released on 2013-05-13 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: For more than 30 years, renowned psychological scientist Elizabeth F. Loftus has contributed groundbreaking research to the fields of science, law, and academia. This book provides an opportunity for readers to become better acquainted with one of the most important psychologists of our time, as it celebrates her life and accomplishments. It is intended to be a working text-one that challenges, intrigues, and inspires all readers alike. Do Justice and Let the Sky Fall collects research in theoretical and applied areas of human memory, provides an overview of the application of memory research to legal problems, and presents an introduction to the costs of doing controversial research. The first chapter gives a sketch of Loftus' career in her own words, and the remaining chapters color in that sketch. The final chapters of the book are more personal, and put a human face on a person who is held in such high esteem. This multipurpose volume is intended to serve as a valuable resource for established scientists, emerging scientists, graduate students, lawyers, and health professionals.