Freedom and Tenure in the Academy

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Duke 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

 

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Contents

Academic Freedom and the First Amendment in the
79
Ideology and Faculty Selection Judith Jarvis Thomson
155
Artistic Freedom and Academic Freedom
177
University Rodney A Smolla
195
A Functional Analysis of Individual and Institutional
227
Academic Freedom in Religious Colleges
303
Academic Tenure and Academic Freedom
325
A Bibliography Janet Sinder
381
Appendix B 1940 Statement of Principles
407
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About the author (1993)

William W. Van Alstyne is William and Thomas Perkins Professor of Law at Duke University Law School. He is the author of Interpretations of the First Amendment (Duke).

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