Higher Education Law: The FacultyJHU Press, 2002 M01 21 - 352 pages "Do we need to talk to our lawyers about this?" "What do the attorneys say?" "Why didn't you get the lawyers involved before now?" Just about every department chair and dean, certainly every provost and president, and an ever-increasing number of faculty find themselves asking—or being asked—such questions. Dealing with issues ranging from academic freedom to job security and faculty discipline, lawyers, legal requirements, and lawsuits has become an established part of the apparatus of American higher education. Higher Education Law was written to help faculty and administrators navigate critical legal issues and avoid potential legal pitfalls. Drawing on his experience as university counsel, administrator, and teacher at a number of institutions, Steven G. Poskanzer explains the law as it pertains to faculty activities both inside and outside the academy, including faculty roles as scholars, teachers, and members of institutional communities, as well as employees and public citizens. In each of these areas, he expands his discussion of cases and decisions to set out his own views both on the current status of the law and how it is likely to evolve. |
Contents
Introduction | 1 |
The Lay of the Land | 5 |
Case Law | 9 |
State Action | 11 |
First Amendment Principles | 16 |
Contractual Obligations | 19 |
Immunity from Suit | 22 |
Scholarship | 25 |
Faculty Involvement in Institutional Governance and Operations | 105 |
Conferences and Symposia | 117 |
Academic Freedom at Religiously Affiliated Colleges and Universities | 120 |
Concluding Thoughts | 125 |
Faculty as Public Citizens | 127 |
Faculty Membership in Controversial Organizations | 139 |
Concluding Thoughts | 140 |
Faculty as Employees | 143 |
Obtaining Support for Scholarship | 30 |
Ownership and Exploitation of Scholarly Work | 34 |
Dissemination of and Access to Scholarly Work | 46 |
Conflicts of Interest and Conflicts of Commitment | 55 |
Concluding Thoughts | 60 |
In the Classroom | 63 |
Foundations of Academic Freedom | 64 |
External Attacks on Faculty Classroom Autonomy | 69 |
IntraUniversity Disputes about Faculty Teaching | 71 |
Copyright and Teaching Materials | 94 |
Concluding Thoughts | 102 |
Faculty as Institutional Citizens | 104 |