Essay 563 people

Originally published as 62 Tenn.

Essay 563 people

Short bibliography Introduction The conventional wisdom, including statements by the U. Supreme Court, has academic freedom as a legal right, derived from the First Amendment to the U.

I believe that this conventional wisdom is wrong. I am not the only attorney holding this unconventional view. The First Amendment protects academic freedom.

This simple proposition stands explicit or implicit in numerous judicial opinions, often proclaimed in fervid rhetoric. Attempts to understand the scope and foundation of a constitutional guarantee of academic freedom, however, generally result in paradox or confusion.

Copyright 1999, 2000 by Ronald B. Standler

The cases, shorn of panegyrics, are inconclusive, the promise of rhetoric reproached by the ambiguous realities of academic life.

The problems are fundamental: There has been no adequate analysis of what academic freedom the Constitution protects or of why it protects it. Lacking definition or guiding principle, the doctrine floats in law, picking up decisions as a hull does barnacles.

Academic freedom is an amorphous quasi-legal concept that is neither precisely defined nor convincingly justified from legal principles. These two defects make the law of academic freedom difficult to understand.

Essay 563 people

I have no doubt that academic freedom is important and desirable. In practice, the notion of academic freedom is invoked to justify statements by faculty that offend politicians, religious leaders, corporate executives, parents of students, and citizens.

History of academic freedom In medieval Europe, universities were self-governing enclaves that were outside the civil law.

Some of this isolation survives today in poorly articulated views that universities are somehow immune from law. Perhaps the fact that large universities have their own police department gives some support to the notion of independence.

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Regardless of whatever myths may circulate in academic communities, the same law applies to colleges and universities in the USA that applies to people in other settings in the USA. The Prussian Constitution of declared that "science and its teaching shall be free.

This kind of academic freedom has never been a major issue in the USA, owing to differences between the two countries: In Germany, there are no required classes for university students, and just one examination to obtain the Diplom degree.

Essay 563 people

In the USA, curriculum is rigidly controlled by faculty, and students must attend all of the required classes and a minimum number of "elective" classes, to qualify for a degree.

There is typically at least one examination in every class in the USA. The German constitution of 23 MayArt. Americans during the 's who desired a doctoral degree typically went to Europe and studied at a university in England, France, or Germany.

Other universities in the USA were soon founded along the same lines: During this time, older American institutions of higher education e.

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Inthe newly formed American Association of University Professors issued their first report on academic freedom.History of academic freedom In medieval Europe, universities were self-governing enclaves that were outside the civil law.

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self reliance and other essays summary. Of the silent trilogy, Earth () is Dovzhenko’s most accessible film but, perhaps for these same reasons, most misunderstood. In a Brussels’ film jury would vote Earth as one of the great films of all time. Earth marks a threshold in Dovzhenko’s career emblematic of a turning point in the Ukrainian cultural and political avant-garde - the end of one period and transition to another.

Therapy: is another option for treating depression. There is a variety of therapies. Many people may feel uncomfortable talking to strangers about their feelings, but unlike antidepressants has no side effects (Krucik, ).

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