Digital Commons Network^™

What Is The Value Of Value Neutrality? Exploring The Tension Between Objective Scholarship And Activist Scholarship, Julia C. Newman

Gettysburg Social Sciences Review

In recent decades there has been an increase in activist scholarship, a specific type of work where scholars seek to generate knowledge and pedagogies that aim to solve issues of inequality through political change. The emergence of activist scholarship poses a challenge to the long-standing ideal of value neutral scholarship and, as a result, universities and academics are grappling with these competing visions of scholarship. Complete value neutrality within scholarship is impossible yet remains a desirable ideal. But in seeking value neutrality the voices of those who have been historically undermined should not have their thoughts dismissed simply because their …

The Left Must Rediscover Free Speech And Academic Freedom, Albena Azmanova, Enzo Rossi

Emancipations: A Journal of Critical Social Analysis

The conflict in Gaza has brought to a boil the systematic threat to academic freedom and freedom of speech in Western liberal democracies. This neo-McCarthyism can only be countered by a united front not only within the Left, but across the left-right ideological divide.

Reflecting On Academic Freedom Through Fiction: A Theatrical Exploration Of The Blurry Contours Of The Freedom To Teach, Julie Paquin, Maude Choko

The Qualitative Report

This article aims at exploring the contribution that creative forms of research can make to the study of a little-known aspect of academic freedom in the Canadian context – academic freedom in curriculum development. It seeks to address the methodological challenge posed by research on academic freedom, that is, the fact that any academic writing on this topic necessarily draws initially, though not exclusively, from the researchers’ own experiences and perspectives. The article brings to life a fictional faculty meeting, during which questions about academic freedom in teaching are discussed. Although this meeting is the product of our imagination, its …

Protecting Academic Freedom Through Collective Bargaining: An Aaup Perspective, Michael Mauer

Journal of Collective Bargaining in the Academy

AAUP’s turn to collective bargaining grew out of a more expansive view of unionization than is typical for American labor unions. The mission of the AAUP incorporates addressing economic matters, as does the purpose of unions generally. But the AAUP adopted collective bargaining as a means of protecting and expanding the professional interests of the profession. This paper surveys the various approaches that AAUP chapters have used to accomplish the safeguarding and expansion of academic freedom.

The Intersection Of Academic Freedom And Trigger Warnings, Ashleigh Maldonado

Journal of Multicultural Affairs

The purpose of this policy brief is to explore the intersection of academic freedom and trigger warnings. The author argues that the vague language within academic freedom policies and the blurred lines between judicial jurisdiction over first amendment rights and institutional jurisdiction over academic freedom policies sets the stage for future limitations on teachers’ rights within the classroom. Te author also argues that while much attention is given to the academic freedoms of instructors, more attention should be afforded to the academic freedoms of students when considering their requests for trigger warnings.

Academic Freedom In Teacher Education; Between Certainty And Uncertainty, Marita Cronqvist

Australian Journal of Teacher Education

In this study, academic freedom in teacher education is related to preservice teachers’ possibilities to develop critical and autonomous thinking in teaching practice. Self-awareness and self-confidence provide certainty to deal with the uncertain situation in teaching where creativity and judgment must be given priority over an instrumental teaching based on authorities, effective methods or ready-made solutions. Teacher educators thus need to promote academic freedom as both certainty and uncertainty. The aim of this paper is to provide enhanced understanding of the meanings and implications for teacher education of academic freedom, in the tension between certainty and uncertainty, based on a …

Controversial And Contradictory: Historical And Contemporary Apologies For (A Lack Of) Faculty Academic Freedom, Z. W. Taylor, Pat Somers

Journal of Research on the College President

Although academic freedom is considered a pillar of the academy in the United States, little legal precedent has been established to legitimize faculty academic freedom. Moreover, no legislation or case law outlines a hierarchy of academic freedom whereby institutional academic freedom may be positioned as authoritative over faculty academic freedom or vice versa. As a result, many institutions of higher education have violated academic freedom and then subsequently apologized for overstepping legal boundaries, stemming from infringing upon individuals’ rights that have not been codified through law. These apologies include a very recent one, where a university president’s remorseful remark regarding …

Campus Free Speech In The Mirror Of Rising Anti-Semitism, Harry G. Hutchison

St. Mary's Law Journal

Abstract forthcoming.

Adjuncts And The Chimera Of Academic Freedom, Deirdre M. Frontczak

Journal of Collective Bargaining in the Academy

The last 40 years have seen a dramatic shift in the hiring, evaluation and promotional structures prevalent in higher education. While the model of a largely full time, tenure-track faculty continues to be the ideal of most academic institutions, economic, political and social changes have eroded that model. A substantial percentage, typically a majority, of college and university faculty are now hired on a contingent or part-time basis, with fiscal and other conditions determining job security, compensation, professional advancement, and an opportunity to participate in governance of departments and institutions. This paper examines the unseen impact that such hiring practices …

Reflection On A Narrative By Faculty Of Color, Marian Stordahl, Keonghee T. Han

The William & Mary Educational Review

The experience of a woman faculty of color (WFOC) teaching in a traditionally homogenous, rural American community college reveals the presence of racialized attitudes among students, educators, and administrators. Individuals’ orientation to White Identity is revealed in the encounters of a culturally diverse professor and American colleagues working in her institution. In the absence of meaningful reflection, Caucasian American students and faculty – themselves participants in the lives of local communities – reproduce institutional discrimination.

Keywords: academic freedom, discrimination, prejudice, social dominance theory, White Identity development

The Social Value Of Academic Freedom Defended, J. Peter Byrne

Indiana Law Journal

In his recent book, Versions of Academic Freedom: From Professionalism to Revolution, Stanley Fish renewed his arguments for an “it’s just a job” account of academic freedom, begun in his 2008 book, Save the World on Your Own Time. He claims that academic freedom consists of nothing more than the conditions necessary to follow the established criteria for scholarship and teaching within each discipline. He complains chiefly against the invocation of academic freedom to protect or glorify political advocacy by academics. There is a lot in Fish’s account to admire and agree with. The appropriate sphere of academic freedom needs …

Academic Duty And Academic Freedom, Amy Gadja

Indiana Law Journal

On December 31, 1915, the newly formed American Association of University Professors (AAUP) and its Committee on Academic Freedom and Academic Tenure accepted a set of guidelines designed to shape the organization and its work to protect academics against the termination power of their employer-universities. The “General Declaration of Principles,” drafted by approximately a dozen educators who were called from universities across the country, begins with a decided focus on the rights of individuals within the academy: “The term ‘academic freedom’ has traditionally had two applications,” the language reads at the start, “to the freedom of the teacher and to …

The Regrettable Underenforcement Of Incompetence As Cause To Dismiss Tenured Faculty, David M. Rabban

Indiana Law Journal

Universities are extremely reluctant to dismiss tenured professors for incompetence. This reluctance compromises the convincing and broadly accepted justification for the protection of academic freedom through tenure set forth in the 1915 Declaration of Principles of the American Association of University Professors (AAUP). After asserting that society benefits from the academic freedom of professors to express their professional views without fear of dismissal, the 1915 Declaration maintained that the grant of permanent tenure following a probationary period of employment protects academic freedom. Yet the 1915 Declaration also stressed that academic freedom does not extend to expression that fails to meet …

Foreword, Steve Sanders

Indiana Law Journal

One hundred years ago this year, a group of prominent American professors came together to form the American Association of University Professors (AAUP). As a crucial part of this endeavor, they drafted a manifesto on academic freedom and tenure that set forth what must have been viewed, at the time, as revolutionary propositions about the role of the scholar vis-à-vis the university and the role of the scholar and the university together vis-à-vis the larger society

Academic Freedom And Electronic Communications, Henry Reichman, Ashley Dawson, Martin Garnar, Chris Hoofnagle, Rana Jaleel, Anne Klinefelter, Robert O'Neil, Jennifer Nichols

Journal of Collective Bargaining in the Academy

In November 2004, the Association’s Council adopted Academic Freedom and Electronic Communications, a report prepared by a subcommittee of Committee A on Academic Freedom and Tenure and approved by Committee A. That report affirmed one “overriding principle”:

Academic freedom, free inquiry, and freedom of expression within the academic community may be limited to no greater extent in electronic format than they are in print, save for the most unusual situation where the very nature of the medium itself might warrant unusual restrictions—and even then only to the extent that such differences demand exceptions or variations. Such obvious differences between …

Demers V Austin, Ruling Of The United States Court Of Appeals For The Ninth Circuit, Theresa Chmara

Journal of Collective Bargaining in the Academy

The panel replaced its prior opinion, filed on September

4, 2013, and published at 729 F.3d 1011, with anew opinion,

denied a petition for panel rehearing, and denied a petition for

rehearing en bane on behalf of the court, in an action brought

pursuant to 42 U.S.C. § 1983 by a tenured associate

university professor who alleged that university

administrators retaliated against him in violation of the First

Amendment for distributing a short pamphlet and drafts from

an in-progress book.

The panel held that Garcetti v. Ceballos, 547 U.S. 410

(2006), does not apply to speech related to scholarship or …

Social Media And Academic Freedom Under Garcetti, Theresa Chmara

Journal of Collective Bargaining in the Academy

This handout summarizes Supreme Court cases involving academic freedom, including Garcetti v Ceballos.

A Guide To Academic Freedom, Frederick P. Schaffer

Journal of Collective Bargaining in the Academy

This brief introduction to the principles of academic freedom is intended for attorneys and other administrators who represent or work at colleges and universities. It has two purposes. The first is to introduce them to academic freedom as a set of professional principles regardless of whether or not they are legally enforceable. Attorneys and administrators need to understand the culture of the institutions they represent or serve. Nowhere is this more true than with colleges and universities, which have well established traditions and norms that influence the expectations and conduct of all those responsible for their governance, including faculty, administrators …

Academic Freedom And The First Amendment, Majorie Heins

Journal of Collective Bargaining in the Academy

This manuscript highlights many of the Supreme Court cases involving the First Amendment and the origins of academic freedom in the United States.

A Comment On Professor Hook's Paper, Julius G. Getman

IUSTITIA

I start with the concession that much of what Professor Hook says is true. Not to recognize this would be folly. Hook's condemnation of academic violence is necessary, justified, and important. Ultimately, however, the picture he draws and the conclusions he states are misleading.

Academic freedom is indeed in jeopardy, but not merely from the internal sources Hook mentions. Outside pressures exist as well. Professor Hook suggests that by establishing a criminal law system, universities can successfully cope with student violence. Having been involved at almost every level of the internal judicial process at the university, I am convinced such …

Two Papers Delivered At A Symposium, "The Response Of Society To Unusual And Extreme Pressure Groups," Presented At Indiana University School Of Law, Sidney Hook, Michael I. Sovern

IUSTITIA

The following articles by Professor Hook and Dean Sovern are derived from talks delivered at a symposium, "The Response of Society to Unusual and Extreme Pressure Groups," presented at Indiana University School of Law on November 6, 1970. While the door has apparently closed upon the period of ghetto and campus riots of the la te six ties and early seven ties, the fundamental issues of human righ ts which they raised remain unresolved. The symposium attempted to assess the origins, consequences, and remedies for these conflicts. The recent confrontation between American Indians and federal troops at Wounded Knee, South …