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Full-Text Articles in Law
Rescinding Admission Offers In Higher Education: The Clash Between Free Speech And Institutional Academic Freedom When Prospective Students' Racist Posts Are Exposed, Clay Calvert
UF Law Faculty Publications
This Article examines the tension between a prospective college student's First Amendment freedom of speech and a public university's unenumerated, inchoate right of institutional academic freedom. The friction between these interests was cast in high relief in 2020 when several schools confronted dual issues: (1) whether to rescind offers of admission to individuals who later were discovered to have engaged in offensive speech, and (2) whether revoking admission offers because of odious, hateful messages would violate the constitutional right of free expression. The Article argues that the right of institutional academic freedom-albeit maddeningly amorphous-encompasses a public institution's ability to choose …
Measuring The Value Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Miner-Rubino
Measuring The Value Of Collegiality Among Law Professors, Michael L. Seigel, Kathi Miner-Rubino
UF Law Faculty Publications
This article is the last in a trilogy addressing the issue of collegiality among law In the first piece, titled On Collegiality, author Seigel defined professors' "collegiality" and suggested that most law schools have at least one, if not two or three, "affirmatively uncollegial" members of their faculty. Seigel posited that these individuals tend to interfere with the ideal functioning of their institutions by negatively affecting the well-being of their peers. Some readers of On Collegiality questioned the legitimacy of Seigel's cost-benefit analysis. Specifically, they commented that some of the factors Seigel used in his analysis could be empirically measured. …
Institutional Academic Freedom Or Autonomy Grounded Upon The First Amendment: A Jurisprudential Mirage, Richard H. Hiers
Institutional Academic Freedom Or Autonomy Grounded Upon The First Amendment: A Jurisprudential Mirage, Richard H. Hiers
UF Law Faculty Publications
In recent decades, several federal judges and Supreme Court Justices have stated that, at some time or another in the past, the Court determined that public universities or their professional schools are entitled to institutional academic freedom (or institutional autonomy) under the First Amendment. Notwithstanding the views of many learned commentators, the Court has never so held. Concurring opinions and dicta do not constitute Constitutional law. This article traces the series of misattributions, misreadings and other errors that have contributed to the present peculiar state of confusion in regard to these matters.
On Collegiality, Michael L. Seigel
On Collegiality, Michael L. Seigel
UF Law Faculty Publications
The problem of collegiality in academia is like a crazy aunt in the family: ever present, whispered about in hallways, but rarely acknowledged directly. My goal in this article has been to initiate the demise of this pattern of unhappy toleration. The toleration stems, in large part, from an apparently widespread fear that attempts to control colleagues' uncollegial conduct will result in an unacceptable diminution of academic freedom. Although these concerns are legitimate, I have sought to prove that, if appropriate care is taken, academic freedom may flourish at the same time that a norm of basic collegiality is enforced. …