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 |
Copyright | |
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1915 Declaration 1940 Statement AAUP academic freedom accepted action administrators amendment American applied appointment argument Association authority belief called campus cited in note claim clause committee concern constitutional critical decision determine discussion dismissal dissent distinctive doctrine educational effect employee employment example expression fact faculty members files free speech Freedom and Tenure functions grounds held higher education holding ideas important individual inquiry institutions interest involved issue judges judgment judicial Justice limitations majority matter means opinion particular persons political position present presidents Press principles procedural professional professors protection question reason regulation religious Report respect responsibility restrictions rules social specific standards statute suggested Supreme Court teachers teaching tenure theory thought trustees violation