Academic Freedom And The Law

Author: Eric Barendt
Publisher: Bloomsbury Publishing
ISBN: 1847316107
Size: 78.19 MB
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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 In Hong Kong

Author: Jan Currie
Publisher: Lexington Books
ISBN: 9780739110812
Size: 74.17 MB
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Jan Currie, Carole J. Petersen, and Ka Ho Mok draw upon interviews with academics and university administrators to examine two historical incidents that led to a strengthening of academic freedom in Hong Kong, as well as to legal and political ramifications that continue to reverberate. This book will interest scholars of East Asia and academics in universities around the world where freedom of expression is threatened in this time of heightened security.

Versions Of Academic Freedom

Author: Stanley Fish
Publisher: University of Chicago Press
ISBN: 022617025X
Size: 73.19 MB
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Through his columns in the New York Times and his numerous best-selling books, Stanley Fish has established himself as our foremost public analyst of the fraught intersection of academia and politics. Here Fish for the first time turns his full attention to one of the core concepts of the contemporary academy: academic freedom. Depending on who’s talking, academic freedom is an essential bulwark of democracy, an absurd fig leaf disguising liberal agendas, or, most often, some in-between muddle that both exaggerates its own importance and misunderstands its actual value to scholarship. Fish enters the fray with his typical clear-eyed, no-nonsense analysis. The crucial question, he says, is located in the phrase “academic freedom” itself: Do you emphasize “academic” or “freedom”? The former, he shows, suggests a limited, professional freedom, while the conception of freedom implied by the latter could expand almost infinitely. Guided by that distinction, Fish analyzes various arguments for the value of academic freedom: Is academic freedom a contribution to society's common good? Does it authorize professors to critique the status quo, both inside and outside the university? Does it license and even require the overturning of all received ideas and policies? Is it an engine of revolution? Are academics inherently different from other professionals? Or is academia just a job, and academic freedom merely a tool for doing that job? No reader of Fish will be surprised by the deftness with which he dismantles weak arguments, corrects misconceptions, and clarifies muddy arguments. And while his conclusion—that academic freedom is simply a tool, an essential one, for doing a job—may surprise, it is unquestionably bracing. Stripping away the mystifications that obscure academic freedom allows its beneficiaries to concentrate on what they should be doing: following their intellectual interests and furthering scholarship.

The Law Of Higher Education

Author: Dennis Farrington
Publisher: OUP Oxford
ISBN: 0191634646
Size: 11.76 MB
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Written by two leading practitioners, this comprehesive and practical guide to the law of higher education in the UK provides extensive analysis of the complex legal framework in which universities work and the remedies which may be sought in the event of disputes. The Law of Higher Education has been fully updated to take account of the many legislative changes which have come into force since the publication of the first edition in 2006. The impact of new charity law; changes in governance structures; developments in the law of employment; academic freedom issues; and the increasing presence of academies and other private Higher Education Institutions are all dealt with in detail, with reference to and analysis of the relevent case law throughout. Although focussing on UK laws, the new edition includes expanded material on the international context, which has become particularly important as institutions are increasingly involved in international exchanges and collaborations, as well as being subject to the increasing globalisation of higher education. The text is linked to the updating service on the Oxford Centre for Higher Education Policy Studies website, ensuring that readers are kept up-to-date with developments, even after publication.

Academic Freedom In Conflict

Author: James L. Turk
Publisher: James Lorimer & Company
ISBN: 1459406303
Size: 62.67 MB
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For more than a century academics have had unique rights not enjoyed by other citizens -- to speak, teach, and write freely. Central to the case for academic freedom is that scholars must be able to voice their views free of fear in order for society to gain a better understanding of ourselves and our world. Academic freedom has always faced challenges. Professors have been pressed to alter their work because it offends powerful interests -- both inside and outside the university. Some have been fired or denied jobs for their political views, their criticisms of colleagues and administrators, and their refusal to buckle under corporate pressures to hush up research findings. The sixteen contributors to this volume cite many such instances in Canada and the U.S. More significantly, they point out how governments, corporations, and university administrators today are seeking to narrow academic freedom. Among them: Major donors are acquiring control over university teaching and even hiring decisions University administrators are firing professors with unpopular political views, while pretending that the reasons for their decisions lie elsewhere Governments are using funding mechanisms to force-feed research in some areas, while shutting down inquiry in others Campus-wide policies enforcing civility rules are preventing criticism and debate within a university Judges are issuing decisions which reverse previous rulings supporting academic freedom in the U.S. and Canada Together the contributors to this book document the many arenas in which academic freedom is in jeopardy and explore its legitimate limits.

Academic Freedom At The Dawn Of A New Century

Author: Evan Gerstmann
Publisher: Stanford University Press
ISBN: 9780804754446
Size: 27.94 MB
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This is a provocative examination of the current state of academic freedom in the United States and around the world.

The Law Of Higher Education 2 Volumes

Author: William A. Kaplin
Publisher: John Wiley & Sons
ISBN: 0787988243
Size: 41.55 MB
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This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues

Academic Freedom In Turkey

Author: Veysel Gökbel
Publisher: SETA
ISBN:
Size: 68.35 MB
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This study offers a chronological account of the historical development of academic freedom in the world and in Turkey.

Legal Ethics

Author: Geoffrey C. Hazard
Publisher: Stanford University Press
ISBN: 9780804748827
Size: 52.69 MB
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Examining legal ethics within the framework of modern practice, this book identifies two important ethical issues that all lawyers confront: the difference between the role of lawyers and the role of judges in pursuing justice, and the conflicting responsibilities lawyers have to their clients and to the legal system more broadly. In addressing these issues, Legal Ethics provides an explanation of the duties and dilemmas common to practicing lawyers in modern legal systems throughout the world. The authors focus their analysis on lawyers in independent practice in modern capitalist constitutional regimes, including the United States, Japan, Europe, and Latin America, as well as the emerging legal systems in China and the former Soviet bloc, to develop connections between the legal profession and political systems based on the rule of law. They find that although ethical tension is inherent in the legal practice of all these societies, the legal profession is essential to stable political institutions.