In recent years higher education has come under intense scrutiny from stakeholders and the public. Particularly, faculty have been indicted for what many perceive as lack luster performance. The professoriate has been indicted for being self promoting, lazy, incompetent, and unaccountable. Yet, faculty are asked to perform in complex roles. In essence, the professoriate in higher education has fallen from grace. In order to address the indictments, this paper examines the complexity of the professoriate from three perspectives: (1) tenure; (2) academic freedom; and (3) faculty as employees. Utilizing the American Association of University Professors' (AAUP) "Statement of Principles" as a basis, these concepts are explored to address specific issues related to misunderstandings and misco...
Introduction II. The First Amendment Does Not Grant Teachers A Constitutionally Protected Right Of Academic Freedom A. Extramural Academic Freedom 1. The Rhetoric of the Post-McCarthy Era 2. Free Speech For Public School Teachers And Students: Pickering And Tinker 3. The Boundaries Of Pickering And Tinker a. Protected Extramural In-Class Speech: The James And Russo Cases b. Unprotected In-School Student And Teacher Curricular Speech: The Hazelwood Case B. Government Speech And Arguments That Beg The Question 1. Educational Policy 2. Unconstitutional Conditions 3. Legitimate Pedagogical Concerns 4. Speech Affecting a Public Concern C. Eliminations On The Government's Curricular Speech 1. Religious Communications in the Curriculum 2. PicoAnd The Book Removal Analogy D. Qualified And Pa...
For The Common Good: Principles of American Academic Freedom, by Matthew W. Finkin and Robert C. Post; and Save The World on Your Own Time, by Stanley Fish, are reviewed.
Student rights have become a growing concern for institutions ever since the court case, Dixon v. Alabama State Board of Education (1961) rejected the idea of in loco parentis. More recently students and stakeholders have been promoting students' rights for academic freedom. This paper examines student academic freedom in light of a shift from in loco parentis to the "age of majority" doctrine based on the twenty-sixth amendment of the US Constitution. Furthermore, it lays the groundwork for contractual relationships between students and postsecondary institutions. These concepts resulted in the development of the Student Academic Freedom Conceptual Model. It demonstrates the contractual nature of student academic freedom based on institutional, state, and federal standards as an extens...
In the last two decades the techniques of the new public management (NPM) have become widely employed in universities throughout the world, especially but not only in the English-speaking nations, as the template for management of organizational units and of academic labour. The NPM originated in the methods of government and public administration developed by the successive Thatcher governments in the UK in the 1980s. The foundations lay in the neo-liberal political philosophy of F.A. Hayek. The paper develops a critique of the NPM and its effects on universities, in two stages. First it analyses the forms of freedom produced by Hayekian liberalism. Drawing on Amartya's Sen's account of three aspects of freedom (agency freedom, freedom as control or 'negative freedom', freedom as effec...
For The Common Good: Principles of American Academic Freedom, by Matthew W. Finkin and Robert C. Post, is reviewed.
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