Analyzes the origins of recent federal appellate decisions' divergence from the Supreme Court's identification of teachers' or faculty's academic freedom as "a special concern of the First Amendment." Suggests ways in which academic freedom might better be accorded its rightful importance within the framework of current Supreme Court…

Seeks to answer whether a professor's expression is a matter of public concern in order to qualify for constitutional protection; discusses public concern cases involving faculty expression. Suggests that the professor bears a difficult burden in passing this threshold test and that the scope of professors' protected speech has consequently been…

This book provides a history of the U.S. tradition of academic freedom, peer review, and shared governance in higher education as a background to a discussion of academic ethics. The book also contains a selection of ethical problems for peer discussion. The chapters are: (1) "Introduction"; (2) "The American Academic Profession: The Tradition of…

These days, most newly hired faculty are appointed on a part-or full-time nontenure- track basis. The AAUP has reported that between 1975 and 2003, full-time tenure-track positions increased by only about 16 percent, while full-time non-tenure-track positions grew by 178 percent, and part-time appointment rose by 189 percent. Yet tenure…

Colleges are less willing to cooperate with the American Association of University Professors in its investigations of institutional violations of faculty's rights, and some criticize the organization's dual role as professional association and union. (MSE)

This "Update" discusses the impact of the "Seminole Tribe v. State of Florida" decision on higher education. In essence, the Court in this decision rescinded the doctrine of "Eleventh Amendment immunity" and ruled that Congress has only limited power to enact laws that apply to state governmental entities, including…

Analyzes academic tradition concerning the rights and corresponding duties of the academic profession and then articulates principles of professional conduct that flow from academic tradition. Concludes that peer review is the linchpin for academic freedom, tenure, and shared governance in the academic tradition. (EV)

Describes turmoil surrounding the actions of a professor at Indiana University at South Bend. Discusses charges of sexual harassment and intimidation leveled against the professor and the administration's dilemma concerning sanctioning him. (EV)

In what Carroll College president called "fiscally driven decisions," four professors failed to win tenure because they did not match "institutional needs." The decision caused great public outcry since each of the four professors excelled in teaching, research and service. What angered people most is that the college planned…

Describes how a language professor who was denied tenure now specializes in helping academics challenge their colleges. (EV)

This chapter provides an overview of academic freedom and tenure as applied to the community college.

Three AAUP cases involving academic freedom and tenure are discussed. Cases at Jackson State University and Talladega College, and two cases of excessive probation at Pennsylvania State University are reported. Some developments relating to censure by AAUP are described. (MLW)

Examines the current state of First Amendment rights of faculty at public colleges and universities. Using as a focus the recent case of Crue v. Aiken, analyzes the place of the prior restraint doctrine and the treatment of public employees in the free speech context, arriving at a conclusion that offers an extension of the restrictions allowed by…

The existing legal position of Australian universities with respect to ownership and exploitation of intellectual property by faculty, students, and outside consultants is described. Issues requiring attention are noted, including resources for exploitation, sharing of proceeds, and copyright considerations; and some possible solutions are…

Describes important court decisions which illustrate the relationship and potential tension between the academic freedom of an individual professor and the academic freedom of the university as an institution. (EV)