Protections of Tenure and Academic Freedom in the United States Evol
This volume examines the historical origins of tenure in higher education. The concept of academic freedom and tenure has been a point of discussion between university faculty and administration since the American Association of University Professors (AAU
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Protections of Tenure and Academic Freedom in the United States
Matthew J. Hertzog
Protections of Tenure and Academic Freedom in the United States Evolution and Interpretation
Matthew J. Hertzog UnityPoint Health Methodist College Peoria, IL USA
ISBN 978-3-319-56269-8 ISBN 978-3-319-56270-4 (eBook) DOI 10.1007/978-3-319-56270-4 Library of Congress Control Number: 2017936697 © The Editor(s) (if applicable) and The Author(s) 2017 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover image © Image Source / Alamy Stock Photo Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Contents
1 Introduction 1
2 History of Tenure and Academic Freedom in the USA 23 3 Tenure-Related Issues in the Lower Courts: Decisions and Ramifications 83 4 Landmark Cases in Higher Education on Academic Freedom and Tenure 139 5 Conclusion: Summary and Recommendations 181
Glossary 197
Index 199
v
List of Tables
Table 2.1 Expansion of Universities and Colleges between 1939 and 1969 56 Table 2.2 Total number of US Supreme Court Cases 1930–1969 58 Table 2.3 Percent of full-time instructional staff with tenure: 1980–2010 59
vii
CHAPTER 1
Introduction
The origins of higher education date back to the time of Plato as it was he who put forth that intellectual liberty existed between teachers and their students. As noted in his work, The Republic, a format must be established to permit students to be educated in a manner where they are free to ask and answer questions.1 Centuries later, during medieval times, this concept of the academy as put forth by Plato was further enhanced and developed as universities were founded and expanded throughout Europe. As the
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