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OverviewAcademic Freedom and the Law: A Comparative 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 further 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. Full Product DetailsAuthor: Professor Eric BarendtPublisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Dimensions: Width: 13.80cm , Height: 1.80cm , Length: 21.60cm Weight: 0.460kg ISBN: 9781841136943ISBN 10: 1841136948 Pages: 360 Publication Date: 19 November 2010 Audience: Professional and scholarly , College/higher education , Professional & Vocational , Tertiary & Higher Education Format: Paperback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of Contents1. 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 AspectsReviewsEric Barendt has produced an authoritative and interesting work on a neglected matter of profound significance and occasional newsworthy topicality. He provides a scholarly but readable 'critical analysis of the law relating to academic freedom'The coverage is bang up-to-date [and] he approaches what can be an emotive issue in a calm and common-sense wayBarendt should be commended for shining a bright light into a murky but important area of law.David PalfreymanOxford MagazineNo 312, Second Week, Trinity Term, 2011Academic Freedom and the Law ... deals with comparative legal protections of academic freedom in an accessible and engaging manner that will be of interest to academics both inside and outside law faculties.Barendt's discussion of these different contexts is sophisticated and informative and will surely invite awareness of different issues than any one academic will have been exposed to in his or her own disciplinary context.Those contemplating proposed legal protections of academic freedom or negotiating collective agreements having articles on academic freedom would do well to consider seriously Barendt's discussion of different implications of different versions or forms of protection.Dwight NewmanCanadian Assocation of University Teachers BulletinApril 2011 Barendt ... offers many valuable analyses of practical disputes concerning management and governance in universities around the world...his arguments are fair and robustly defended ... this is a first-rate publication. -- Nicholas Bamforth * Times Higher Education * Despite frequent affirmations of its importance, academic freedom has seldom been the subject of scholarly analysis. This slim volume goes some way in filling that gap. * The Commonwealth Lawyer, Volume 20, No.1 * Eric Barendt ... has produced an authoritative and interesting work on a neglected matter of profound significance and occasional newsworthy topicality. He provides a scholarly but readable 'critical analysis of the law relating to academic freedom' The coverage is bang up-to-date [and] he approaches what can be an emotive issue ... in a calm and common-sense way Barendt should be commended for shining a bright light into a murky but important area of law. -- David Palfreyman * Oxford Magazine, No 312 * Academic Freedom and the Law ... deals with comparative legal protections of academic freedom in an accessible and engaging manner that will be of interest to academics both inside and outside law faculties. Barendt's discussion of these different contexts is sophisticated and informative and will surely invite awareness of different issues than any one academic will have been exposed to in his or her own disciplinary context. Those contemplating proposed legal protections of academic freedom or negotiating collective agreements having articles on academic freedom would do well to consider seriously Barendt's discussion of different implications of different versions or forms of protection. -- Dwight Newman * Canadian Assocation of University Teachers Bulletin * Academic Freedom and the Law ... deals with comparative legal protections of academic freedom in an accessible and engaging manner that will be of interest to academics both inside and outside law faculties. Barendt's discussion of these different contexts is sophisticated and informative and will surely invite awareness of different issues than any one academic will have been exposed to in his or her own disciplinary context. Those contemplating proposed legal protections of academic freedom or negotiating collective agreements having articles on academic freedom would do well to consider seriously Barendt's discussion of different implications of different versions or forms of protection. Dwight Newman Canadian Assocation of University Teachers Bulletin April 2011 Author InformationEric Barendt is Emeritus Professor of Media Law at University College London. Tab Content 6Author Website:Countries AvailableAll regions |
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