Freedom and Tenure in the AcademyDuke University Press, 1993 - 429 pages Questions of academic freedom--from hate speech to the tenure structure--continue to be of great urgency and perennial debate in American higher education. Originally published as a special issue of Law and Contemporary Problems (Summer 1990), this volume draws together leading scholars of law, philosophy, and higher education to offer a fresh assessment of the founding principles of academic freedom and to define this crucial topic for the 1990s. The original 1940 Statement of Principles on Academic Freedom and Tenure, which has been influential in determining institutional practices for the last half century, has required continual redefinition since its initial declaration. The volume begins with two overview articles: the most complete examination of the 1940 Statement ever provided (shedding light on some of its most troublesome clauses) and a historical review of the extent to which academic freedom has been accepted into domestic constitutional law. Subsequent articles address a range of issues related to academic freedom: the relationship between tenure and academic freedom; tenure and labor law; ideology and faculty selection; freedom of expression and the arts on campus; the boundaries defining hate speech and offensive expression; the clash between institutional and individual claims of academic freedom; and the practices of religious colleges in the United States. Contributors. Ralph S. Brown, Matthew W. Finkin, Jordan E. Kurland, Michael W. McConnell, Walter P. Metzger, Robert M. O'Neil, David M. Rabban, Rodney A, Smolla, Janet Sinder, Judith Jarvis Thomson, William W. Van Alstyne |
Contents
Academic Freedom and the First Amendment in the | 79 |
Ideology and Faculty Selection Judith Jarvis Thomson | 155 |
Artistic Freedom and Academic Freedom | 177 |
Academic Freedom Hate Speech and the Idea of | 195 |
Rabban | 227 |
Academic Freedom in Religious Colleges | 270 |
Universities Michael W McConnell | 303 |
Academic Tenure and Academic Freedom | 325 |
A Bibliography Janet Sinder | 381 |
Appendix B 1940 Statement of Principles | 407 |
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Common terms and phrases
1915 Declaration 1940 Statement AAUP Bull AAUP files AAUP's academic tenure accompanying text administrators Aguillard Alstyne amendment academic freedom amendment protection amendment rights American Amicus Curiae appointment Association authority Bakke Byrne campus cited in note claim classroom clause colleges and universities committee concern Contemp Probs decision dismissal dissent doctrine due process emphasized employee employment example expression faculty members financial exigency Finkin fourteenth amendment free speech Freedom and Tenure freedom of speech functions grounds hate speech higher education Himstead ideas individual academic freedom institutional academic freedom intellectual issue judgment judicial judicial review Justice Keyishian limitations Maguire matter Metzger opinion political position presidents principles of academic private universities probationary procedural professional professors public school reason regulation religious colleges restrictions standards statute Supreme Court Sweezy teachers teaching Tex L Rev Theory of Academic trustees University of Pennsylvania university's violation Widmar Yudof