Academic freedom and the law: A comparative study

Academic Freedom and the Law: A Comparative Study

Volumn , Issue , 2010, Pages 1-331

  Barendt, Eric ^a  

^a UNIVERSITY COLLEGE LONDON   (United Kingdom)

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EID: 85199844549     PISSN: None     EISSN: None     Source Type: Book    
DOI: None     Document Type: Book

References (44)

1. The Concept of Academic Freedom (EL Pincoffs (ed), Austin, University of Texas, 1975)
2. Ronald Dworkin's 'We Need a New Interpretation of Academic Freedom', discussed in chapter three of this book, is particularly rewarding.
3. The Future of Academic Freedom (L Menand (ed), Chicago, University of Chicago Press, 1996)
4. Lord Robbins in his British Academy lecture 'Of Academic Freedom' (Oxford, Oxford University Press, 1966) and in chapter sixteen of theReport of the Committee that he chaired, 'Higher Education' (Cm 2154, 1963).
5. Graeme Moodie's 'On Justifying the Different Claims to Academic Freedom' (1996) 34 Minerva 129 provides an excellent discussion of leading questions of principle: what claims may be made to academic freedom and how may they best be justified?
6. Academic Freedom (London, Routledge, 1993) Conrad Russell, a distinguished historian, reviewed rather pessimistically the increasing limits on university autonomy that were imposed by the Conservative government in the 1980s and early 1990s.
7. Gordon Graham's essays in The Institution of Intellectual Values (Exeter, Imprint Academic, 2005) share many of Russell's concerns; he calls on universities to defend the values of a liberal education
8. John Henry Newman in The Idea of a University (edited with an introduction by IT Ker, Oxford, Clarendon Press, 1976).
9. The tensions in Germany between academic (or scientific) freedom and the increasing political demands on universities are discussed by Dieter Grimm, formerly a judge of the German Constitutional Court, in Wissenschaftsfreiheit vor neuen Grenzen? (Göttingen, Wallstein, 2007).
10. Academic Freedom and the Inclusive University (SE Kahn and D Pavlich (eds), Vancouver, University of British Columbia Press, 2000) examines, largely from a Canadian perspective, the tensions between academic freedom and the modern mass university.
11. R Berdahl, British Universities and the State (Cambridge, Cambridge University Press, 1959);
12. M Shattock, The UGC and the Management of British Universities (London, Society for Research into Higher Education and Open University Press, 1994); and for more recent developments
13. R Stevens, University to Uni (2nd edn, London, Politico's, 2005). All of these accounts shed light on the reasons for the decline of institutional academic freedom since the 1950s and 1960s
14. Lord Chorley in 'Academic Freedom in the United Kingdom' (1963) 28 Law and Contemporary Problems 647. But his view was probably much too complacent (see chapter four, note 2).
15. Malcolm Tight edited a valuable collection of essays, written and published as the Education Reform Act 1988 was proceeding through Parliament: Academic Freedom and Responsibility (London, Society for Research into Higher Education and Open University Press, 1988)
16. K McGuinness, The Concept of Academic Freedom (Lampeter, Edwin Mellen Press, 2002) must be mentioned: it canvasses many legal issues and discusses leading cases in a number of jurisdictions. Written when the author was at Bournemouth University, the book adopts a comparative approach with an extensive treatment of US decisions as well as of the much thinner English legal material.
17. D Farrington and D Palfreyman, The Law of Higher Education (Oxford, Oxford University Press, 2006); chapter sixteen covers academic freedom and the autonomy of higher education institutions.
18. The journal Education and the Law, published from 1989, from time to time carries articles and notes on academic freedom and related issues concerning universities and their staff
19. Hull University Archives. A third useful source of information is the Times Higher Education Supplement, now simply Times Higher Education (THE).
20. Bonner Kommentar zum Grundgesetz (now edited by R Dolzer, C Waldhoff and K Graßhof, Heidelberg, CF Müller), a loose-leaf publication updated every year. Also valuable is the discussion
21. Christian Starck in H von Mangoldt, F Klein and C Starck (eds), Kommentar zum Grundgesetz (5th edn by C Starck, Munich, Franz Vahlen, 2005).
22. Hans Jarass and Bodo Pieroth in Grundgesetzfür die Bundesrepublik Deutschland (9th edn, Munich, CH Beck, 2007) on pages 212-20. Two comprehensive books on higher education law should be mentioned.
23. The more academic is Werner Thieme's Deutsches Hochschulrecht (3rd edn, Cologne, Carl Heymanns, 2004), while Hochschulrecht: Ein Handbuch für die Praxis (M Hartmer and H Detmer (eds), Heidelberg, CF Müller, 2004) provides a detailed account of all aspects of the law affecting universities and their staff.
24. P Freundlich, Wissenschaftsfreiheit und Bundesverfassungsgericht (Göttingen University Dissertation, 1984) provides a stimulating examination of the constitutional background to the drafting of Article 5(3) and of the early decisions of the Constitutional Court on its interpretation.
25. Claus Dieter Classen, Wissenschaftsfreiheit außerhalb der Hochschule (Tübingen, JCB Mohr, 1994) and by Hans-Heinrich Trute, Die Forschung zwischen grundrechtlicher Freiheit and staatlicher Institutionalisierung (Tübingen, JCB Mohr, 1994) both emphasise that the freedom can be claimed outside universities, for example, by scientists working in research institutes. Trute also brings out the institutional and organisational dimensions to the freedom; it should not be seen simply as an individual right but requires the state to finance and organise research in accordance with the values underlying scientific freedom.
26. Martin Schulte, 'Grund and Grenzen der Wissenschaftsfreiheit', and Reinhard Hendler, 'Die Universität im Zeichen der Ökonomisierung and Internationalisierung', published in (2006) 65 Veröffentlichungen der Vereinigung der Deutschen Staatsrechtlehrer at pages 110 and 238 respectively are particularly worth reading; both raise a wide range of academic freedom issues of particular relevance in the age of the managed university.
27. Robert O'Neil's Academic Freedom in the Wired World (Cambridge, MA, Harvard University Press, 2008) examines a number of legal questions, including the central question regarding how conflicts between the claims of universities and those of their academic staff are resolved.
28. Matthew Finkin and Robert Post, For the Common Good (Newhaven, Yale University Press, 2009) is concerned with professional academic freedom, the principles formulated and applied by the American Association of University Professors (AAUP).
29. B Doumani(ed), New York, Zone Books, 2006; and Academic Freedom at the Dawn of a New Century (E Gerstmann and M Streb (eds), Stanford, Stanford University Press, 2006)
30. Amy Gajda, The Trials of Academe: The New Era of Campus Litigation (Cambridge, MA, Harvard University Press, 2009) expresses concern at the increasing volume of litigation involving academics, which in her view threatens academic freedom.
31. W Metzger, Academic Freedom in the Age of the University (New York, Columbia University Press, 1955) and to the essay by the same author, 'Academic Freedom in Delocalized Institutions' in his collection Dimensions of Academic Freedom (Urbana, University of Illinois Press, 1969). Two polemical books should be mentioned.
32. D Downs, Restoring Free Speech and Liberty on Campus (New York, Cambridge University Press, 2005) is very critical of university codes restricting free speech on campus.
33. Stanley Fish, Save the World On Your Own Time (New York, Oxford University Press, 2008) argues with characteristic vigour that professors should stick to teaching and academic research and should not claim academic freedom to put the world to rights.
34. M Finkin, 'On "Institutional" Academic Freedom' (1983) 61 Texas Law Review 817
35. W Metzger, 'Profession and Constitution: Two Definitions of Academic Freedom in America' Texas Law Review(1988) 66 1265
36. JP Byrne, 'Academic Freedom: A "Special Concern of the First Amendment"' (1989) 99 Yale Law Journal251
37. D Rabban, 'A Functional Analysis of "Individual" and "Institutional" Academic Freedom under the First Amendment' (1990) 53 Law and Contemporary Problems 227
38. J Areen, 'Government as Educator: A New Understanding of First Amendment Protection of Academic Freedom and Governance' (2009) 97 The Georgetown Law Journal 945.
39. AAUP and in its journal, Academe, recent issues of which are accessible from the AAUP website, http://www.aaup.org.
40. A Monotti with S Ricketson, Universities and Intellectual Property: Ownership and Exploitation (Oxford, Oxford University Press, 2003), which provides a comprehensive, theoretical and practical guide to the impact of intellectual property laws in the United Kingdom, the United States and Australia on academic freedom.
41. C McSherry, Who Owns Academic Work? Battling for Control of Intellectual Property (Cambridge, MA, Harvard University Press, 2001) is a stimulating discussion of the conflicts between the claims of universities and of their academic staff to the ownership of copyright and patents, mostly in the context of US law.
42. J Washburn, University Inc (New York, Basic Books, 2006).
43. Derek Bok, a former President of Harvard, in Universities in the Marketplace (Princeton, Princeton University Press, 2003)
44. Nottingham University, described in chapter eight, section II(D) of this book, is provided by Macdonald Daly and Sean Matthews (York, Zoilus Press, 2009).