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Academic Freedom at American Universities - Constitutional Rights, Professional Norms, and Contractual Duties (Hardcover)
Loot Price: R2,576
Discovery Miles 25 760
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Academic Freedom at American Universities - Constitutional Rights, Professional Norms, and Contractual Duties (Hardcover)
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Total price: R2,596
Discovery Miles: 25 960
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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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