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Journal of Collective Bargaining in the Academy

Academic freedom

Publication Year

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Full-Text Articles in Labor Relations

Protecting Academic Freedom Through Collective Bargaining: An Aaup Perspective, Michael Mauer Mar 2023

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.


Adjuncts And The Chimera Of Academic Freedom, Deirdre M. Frontczak Mar 2020

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 …


Academic Freedom And Electronic Communications, Henry Reichman, Ashley Dawson, Martin Garnar, Chris Hoofnagle, Rana Jaleel, Anne Klinefelter, Robert O'Neil, Jennifer Nichols Sep 2014

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 Sep 2014

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 Sep 2014

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 Sep 2014

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 Sep 2014

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.