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Academic Freedom and the Law: A Comparative Study


ISBN13: 9781841136943
Published: November 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £50.00



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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
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