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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.
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.
For more than half a century, Black baseball players, barred from
the Major Leagues by systemic racism, competed in leagues of their
own. This book re-interprets the history of race in baseball from
the ground up, telling the story of how the Major Leagues became
the 'Caucasian Leagues,' and naming the person most responsible for
their segregation; showing how Major League owners and executives
tried to delay and even prevent integration; and proving, using a
broad range of methods, that Negro League players were every inch
the equals of their Major League counterparts. Cherished records
held by white players since the days of segregation are shown to
belong rightfully to Negro League superstars. This book takes a
fresh look at a subject that's both straight from today's headlines
and as old as baseball itself.
THE REALITY AND THE RHETORIC examines the gap between the external
reporting of four Australian organisations and their internal
management practices and systems necessary to support comprehensive
and reliable disclosure. The book finds evidence of a significant
rift between the external rhetoric of sustainability and the
internal management processes and culture. However, the book also
finds that the rhetoric can be effective in driving real change
internally, as organisations seek to close the gap between the
reality and rhetoric of sustainability reporting.
Winner, 2021 WFNB Nonfiction AwardLonglisted, Miramichi Reader's
"The Very Best!" Book Awards (Non-Fiction)A CBC New Brunswick Book
List SelectionAn Atlantic Books Today Must-Have New Brunswick Books
of 2020 SelectionThe Restigouche River flows through the remote
border region between the provinces of Quebec and New Brunswick,
its magically transparent waters, soaring forest hillsides, and
population of Atlantic salmon creating one of the most storied wild
spaces on the continent. In Restigouche, writer Philip Lee follows
ancient portage routes into the headwaters of the river, travelling
by canoe to explore the extraordinary history of the river and the
people of the valley. They include the Mi'gmaq, who have lived in
the Restigouche valley for thousands of years; the descendants of
French Acadian, Irish, and Scottish settlers; and some of the
wealthiest people in the world who for more than a century have
used the river as an exclusive wilderness retreat.The people of the
Restigouche have long been both divided and united by a remarkable
river that each day continues to assert itself, despite local and
global industrial forces that now threaten its natural systems and
the survival of the salmon. In the deep pools and rushing waters of
the Restigouche, in this place apart in a rapidly changing natural
world, Lee finds a story of hope about how to safeguard wild spaces
and why doing so is the most urgent question of our time.
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