This book details the legal and historical development of
institutional and professorial academic freedoms to better understand
the relationship between these concepts. While some judges and
scholars have focused on the divergence of these protections, this
book articulates an aligned theory that brings both the professorial
and institutional theories together. It argues that while
constitutionally based academic freedom does its job in protecting
both public and private universities from excessive state
interference, or at the very least it asks the right questions, it is
inadequate because it fails to protect many individual professors in
the same way. This solution entails using contract law to fill in the
gaps that constitutional law leaves open in regard to protecting
individual professors.
Contract law is an effective alternative to constitutional law for
three reasons. First, unlike constitutional law, it covers professors
at both public and private universities. Second, it allows for the
consideration of the custom and usage of the academic community as
either express or implied contract terms in resolving disputes between
universities and professors. Third, contract law enables courts to
structure remedies that take into account the specific campus contexts
that give rise to various disputes instead of crafting broad remedies
that may ill fit certain campus environments.
The proposed reconceptualization of academic freedom merges
constitutional protection for institutions and contractual protection
for individual professors. This combined approach would provide a more
comprehensive framework than is currently available under the
predominantly constitutional paradigm of academic freedom.
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Constitutional Rights, Professional Norms, and Contractual Duties
Produktdetaljer
ISBN
9781498501019
Publisert
2015
Utgave
1. utgave
Utgiver
Bloomsbury USA
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter