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Academic Freedom and the Law: A Comparative Study (eBook)

Eric Barendt

ISBN13: 9781847318039

Published: November 2010

Publisher: Hart Publishing

Country of Publication: UK

Format: eBook (ePub)

Price: £81.00
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9781841136943

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Academic Freedom and the Law: A Comparative Legal Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States.

The book outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims.

Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A separate chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research.

The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general political and social topics unrelated to their work.

This is the first comparative study of a subject of fundamental importance to all academics and others working in universities. It emphasises the importance of academic freedom, while pointing out that, on occasion, exaggerated claims have been made to its exercise.

Subjects:: Education Law, General Interest, eBooks

Contents:: 1. INTRODUCTION; I. The Puzzle of Academic Freedom; II. A Vulnerable Freedom; III. The Scope of the Book; 2. WHAT IS ACADEMIC FREEDOM?; I. Introduction; II. Academic Freedom Distinguished from Freedom of Speech; III. The Varieties of Academic Freedom Claims; IV. Academic or Intellectual Freedom? V; . Conflicts between Academic Freedom Claims; VI. Academic Freedom as a Constitutional Value; 3. JUSTIFYING ACADEMIC FREEDOM; I. Introduction; II. The Case for Intellectual and Scientific Freedom; III. The Case for Scholarly Freedom; IV. The Case for Institutional Autonomy; V. The Case for Academic Self-Rule; VI. Conclusions; 4. ACADEMIC FREEDOM IN THE UNITED KINGDOM; I. Introduction; II. An Historical Account of Academic Freedom in the United Kingdom; III. The Education Reform Act 1988; IV. Individual Academic Freedom after 1988; V. Institutional Academic Freedom after 1988; VI. Conclusions; 5. ACADEMIC FREEDOM IN GERMANY; I. Introduction; II. The History of Scientific Freedom in Germany; III. Interpreting Wissenschaftsfreiheit; IV. Wissenschaftsfreiheit in Universities; V. University Legislation; VI. Recent University Reforms and Wissenschaftsfreiheit; VII. Scientific Freedom Outside State Universities; VIII. Conclusions; 6. ACADEMIC FREEDOM IN THE UNITED STATES; I. Two Definitions of Academic Freedom; II. Professional Freedom; III. Constitutional Academic Freedom in the Supreme Court; IV. Conflicts between Professors and Universities; V. The Relationship between Professional and Constitutional Freedom; 7. RESTRICTIONS ON FREEDOM OF RESEARCH; I. Introduction; II. Licensing and Ethics Committees; III. Academic Freedom and Intellectual Property Laws; IV. Research Contracts; V. Government Research Contracts and Advice; VI. Freedom of Research and Data Protection; 8. ACADEMIC FREEDOM IN THE AGE OF TERRORISM; I. Introduction; II. UK Terrorism Laws; III. Academic Freedom in the United States after 9/11; IV. Conclusions; 9. FREEDOM OF EXTRAMURAL SPEECH; I. The Problem of Extramural Speech; II. Should Academic Freedom Cover Extramural Speech? III. UK Law; IV. US Law; 10. THE CHRIS BRAND CASE; I. Events before the Tribunal Hearings; II. The Tribunal Hearings and Report; III. The Principal's Decision and the Appeal; IV. The Unfair Dismissal Claim; V. Assessment of Academic Freedom Aspects