Download Academic Freedom at American Universities: Constitutional by Philip Lee PDF

By Philip Lee

This publication info the felony and ancient improvement of institutional and professorial educational freedoms to higher comprehend the connection among those techniques. whereas a few judges and students have concerned with the divergence of those protections, this e-book articulates an aligned idea that brings either the professorial and institutional theories jointly. It argues that whereas constitutionally established educational freedom does its task in maintaining either private and non-private universities from over the top country interference, or at the least it asks the suitable questions, it truly is insufficient since it fails to guard many person professors within the comparable means. This resolution includes utilizing agreement legislation to fill within the gaps that constitutional legislation leaves open in regard to conserving person professors.

Contract legislation is a good substitute to constitutional legislations for 3 purposes. First, in contrast to constitutional legislations, it covers professors at either private and non-private universities. moment, it allows the distinction of the customized and utilization of the tutorial neighborhood as both exhibit or implied agreement phrases in resolving disputes among universities and professors. 3rd, agreement legislations allows courts to constitution treatments that take into consideration the explicit campus contexts that provide upward thrust to varied disputes rather than crafting extensive treatments that could unwell healthy yes campus environments.


The proposed reconceptualization of educational freedom merges constitutional defense for associations and contractual safety for person professors. This mixed technique would offer a extra finished framework than is at present to be had lower than the predominantly constitutional paradigm of educational freedom.


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Extra resources for Academic Freedom at American Universities: Constitutional Rights, Professional Norms, and Contractual Duties

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See infra note 107 and accompanying text. 47. Edward R. A. , Report of the Committee of Inquiry on Conditions at the University of Utah 3, July 1915. 48. See Metzger, The First Investigation, at 207. 49. Id. (quoting Lovejoy). 50. , Report of the Committee of Inquiry on Conditions at the University of Utah, at 4. 51. Id. at 41 (finding that “the Board denied the limits of freedom of speech in the University in such a way as to justify any member of the Faculty in resigning forthwith”). 20 Chapter 1 52.

The AAUP’s early years were rife with opportunities to further define and enforce these principles in clashes that pitted administrators and trustees against individual faculty members. THE 1915 DECLARATION ON ACADEMIC FREEDOM AND ACADEMIC TENURE The Authors: Professors Lovejoy and Seligman In December 1915, when most of Committee A’s initial investigations were complete, the AAUP published “the first systematic articulation of the logic and structure of Academic freedom in America” in its 1915 Declaration on Academic Freedom and Academic Tenure.

Id. 106. Id. 107. Arthur O. , Report of the Committee of Inquiry on the Case of Professor Scott Nearing of the University of Pennsylvania, Bull. of the Am. Ass’n of U. Professors, May 1916, at 5, 9. 108. Id. at 21. 109. Stephen J. Whitfield, Scott Nearing: Apostle of American Radicalism 29 (1974) (quoting Harrison S. Morris, who was son-in-law of the founder of the Wharton School, Joseph Wharton). 110. , Report of the Committee of Inquiry on the Case of Professor Scott Nearing of the University of Pennsylvania, at 21.

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