Academic 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.

Academic 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.

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. --Book Jacket.

Your must-have resource on the law of higher education Written by recognized experts in the field, the latest edition of The Law of Higher Education offers college administrators, legal counsel, and researchers with the most up-to-date, comprehensive coverage of the legal implications of administrative decision making. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee's clear, cogent, and contextualized legal guide proves more and more indispensable every year. Two new authors, Neal H. Hutchens and Jacob H Rooksby, have joined the Kaplin and Lee team to provide additional coverage of important developments in higher education law. From hate speech to student suicide, from intellectual property developments to issues involving FERPA, this comprehensive resource helps ensure you're ready for anything that may come your way. Includes new material since publication of the previous edition Covers Title IX developments and intellectual property Explores new protections for gay and transgender students and employees Delves into free speech rights of faculty and students in public universities Expands the discussion of faculty academic freedom, student academic freedom, and institutional academic freedom If this book isn't on your shelf, it needs to be.

Academic freedom is one of the fundamental rights as set out in Article 10 of the Federal Constitution. Allah (subhanahu wata’ala) has bestowed every human being the right to develop their minds for the benefit of mankind. Furthermore, with a sound mind, humans can plan their lives by creating and forming certain systems for the development of human capital. Hence, this freedom can shape the effectiveness of the educational system of a country which in turn will have an important impact on the formation of human capital. However, some legal restrictions need to be taken into account in balancing one's rights and freedoms with the common good to ensure the continuity of justice being upheld in a practical way. With the existence of the National Education Philosophy, Malaysia demonstrates a good commitment and is on the right track in driving the development of academic freedom. It should be implemented in a balanced way between fundamental liberties and freedoms with the observance of the principles of law that demand justice in its entirety to ensure the harmony and preservation of national education that can be achieved comprehensively. These principles will be the focus of the study for this paper which will look at how far the concept of academic freedom applies in Malaysia as well as the effectiveness of existing legislation in ensuring that it aligns with the concept of the rule of law as the basis for the enforcement of legal justice in an independent and sovereign country.

The student affairs market has experienced a great boom in the last decade. Based on the fourth edition of the indispensable guide to the laws that bear on the conduct of higher education, this updated student affairs edition provides a reference and guide for student affairs practitioners and graduate students in student affairs administration courses. This volume combines sections that are pertinent to student affairs practitioners, as well as the government regulatory and administrative issues found in the full Fourth Edition. It is thus the most comprehensive and easy-to-use volume for student affairs officers and students.

Make sure you have a copy on your bookshelf. The Law of Higher Education, Fifth Edition, is the most up-to-date and comprehensive reference, research source, and practical legal guide for college and university administrators, campus attorneys, legal counsel, and institutional researchers, addressing all the major legal issues and regulatory developments in higher education. In the increasingly litigious environment of higher education, William A. Kaplin and Barbara A. Lee’s clear, cogent, and contextualized legal guide proves more and more indispensable every year. Over 3,000 new cases related to higher education have been decided since the publication of the previous edition, and scores of changes to higher education law are made each year. Every section of the fifth edition contains new material, including those related to: Hate speech and free speech rights of faculty in public universities Sharing of research with international colleagues Intellectual property and peer-to-peer file sharing Student suicide Campus safety Police and administrators’ right to search students’ residence hall rooms Governmental support for religious institutions and religious autonomy rights of individual public institutions Collective bargaining and antidiscrimination laws Nondiscrimination and affirmative action in employment, admissions, and financial aid Family and Medical Leave Act and workers’ compensation FERPA (Family Educational Rights and Privacy Act)

Part of the acclaimed Higher Ed Leadership Essentials series, this book surveys academic freedom's history and its application in today's universities. Academic freedom is once again at the epicenter of the crisis in higher education. A community college instructor in Iowa is pressured to resign after his pro-antifa social media comments garner vicious harassment that administrators find threatening to campus safety. A tenured biology professor at a college on Long Island is threatened with dismissal because she allegedly grades students too strictly. And in the wake of the COVID-19 pandemic, a conservative activist calls on his followers to take advantage of online classes to send "any and all videos of blatant indoctrination" to his organization so that it might expose and blacklist "leftist professors." These incidents from the 2019–20 academic year represent only the tip of the iceberg. Academic freedom, long heralded as a core value of American higher education, may now be in as much danger as at any time the 1950s. But what is "academic freedom"? A value upheld for one's supporters (but not one's opponents) when discussing a polarizing controversy? Or a narrow claim of privilege by a professorial elite, immune from public accountability? In this concise and compelling book, Henry Reichman, who chaired the American Association of University Professors' Committee on Academic Freedom and Tenure for nearly a decade, mounts a rigorous defense of academic freedom and its principal means of protection: the system of academic tenure. Probing academic freedom's role in multiple contexts, Reichman draws on a wealth of historical and contemporary examples to offer the first comprehensive introduction to the concept in all its manifestations. Elucidating its sometimes complicated meanings, Reichman argues that academic freedom—like its cousin, freedom of speech—cannot easily be defined but, instead, emerges from the contextual application of guiding principles developed and modified over time. He also explores why the rise of contingent faculty employment represents the gravest current threat to academic freedom; reveals how academic freedom is complicated by both fiercely polarized campus environments and the emergence of social media that extend speech beyond the lecture halls of the academy; and touches on the rights of students in and out of class, including treatment of student protest movements.