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Academic Freedom: a Bibliography ACADEMIC FREEDOM: A BIBLIOGRAPHY JANET SINDER* Academic freedom is a subject with many facets: academic freedom of public and private school teachers, of university professors, of universities themselves, and of students. In this bibliography, I have concentrated on articles about academic freedom at a post-secondary level. There are some articles concerning the academic freedom of universities, but most deal with professors. Because this issue celebrates the fiftieth anniversary of the 1940 Statement of Principles on Academic Freedom and Tenure, I have examined publications only from 1940 to the present. The books included are those that focus mainly on academic freedom, rather than those with only a small section on that topic. The articles deal with the legal aspects of academic freedom, and almost all are from legal periodicals.' All materials are in English and concern academic freedom issues in the United States. Within the criteria stated above, I have tried to be comprehensive in my search for materials. I have searched both through the legal journal indexes and through the footnotes of the articles themselves. Omitted entirely are articles about specific challenges to academic freedom reported on in the journal of the American Association of University Professors, at different times called Academe and the AA UP Bulletin. The association has devoted much space to particular academic freedom cases, and anyone interested in these reports need only look at individual issues of the journal. American Association of University Professors. Policy Documents & Reports. Washington, D.C.: The Association, 1990. Annarelli, James John. Academic Freedom and Catholic Higher Education. New York: Greenwood Press, 1987. Baade, Hans W. and Robinson 0. Everett, eds. Academic Freedom: The Scholar's Place in Modern Society. Dobbs Ferry, N.Y.: Oceana Pubs., 1964. Reprint of Law and Contemporary Problems 28 (1963): 429-671. Bard, Robert L. "Protecting the Academic Community Against Internal Assault." Connecticut Law Review 3 (1971): 433-65. Brest, Paul. "Protecting Academic Freedom Through the First Amendment: Raising the Unanswered Questions." Texas Law Review 66 (1988): 1359- 62. Copyright © 1990 by Law and Contemporary Problems * Senior Reference Librarian and Senior Instructor in Legal Research, Duke University School of Law. 1. Individual articles from this issue of Law and Contemporary Problems are listed below by author's name. LAW AND CONTEMPORARY PROBLEMS (Vol. 53: No. 3 Brown, Ralph S. and Jordan E. Kurland. "Academic Tenure and Academic Freedom." Law and Contemporary Problems 53 (Summer 1990): 325-55. Brown, Ronald C. "Tenure Rights in Contractual and Constitutional Context."Journalof Law and Education 6 (1977): 279-318. Bunting, David Edison. Liberty and Learning: The Activities of the American Civil Liberties Union in Behalf of Freedom of Education. Washington, D.C.: American Council on Public Affairs, 1942. Burke, William T. III and FrankJ. Cavaliere. "E.E.O.C. v. Franklin and Marshall College: Confidential Promotion and Tenure Materials Subject to Civil Rights Investigation and Enforcement." Saint Louis University Public Law Review 7 (1988): 423-31. Byrne, J. Peter. "Academic Freedom: A 'Special Concern of the First Amendment.'" Yale Law Journal 99 (1989): 251-340. Byse, Clark. "Academic Freedom, Tenure, and the Law: A Comment on Worzella v. Board of Regents." Harvard Law Review 73 (1959): 304-22. "Teachers and the Fifth Amendment.' University of Pennsylvania Law Review 102 (1954): 871-83. Carr, Robert K. "Academic Freedom, the American Association of University Professors, and the United States Supreme Court." AAUP Bulletin 45 (1959): 5-24. Carrington, Paul D. "Freedom and Community in the Academy." Texas Law Review 66 (1988): 1577-89. Cassou, April Kestell and Robert F. Curran, S.J. "Secular Orthodoxy and Sacred Freedoms: Accreditation of Church-Related Law Schools." Journal of College and University Law 11 (1984): 293-344. Chafee, Zechariah, Jr. The Blessings of Liberty. Philadelphia and New York: J.B. Lippincott, 1956. Comment. "Academic Freedom and the Law." Yale Law Journal 46 (1937): 670-86. Comment. "Academic Freedom-Its Constitutional Content." University of Colorado Law Review 40 (1968): 600-616 (authored by Richard P. Tisdel). Comment. "An Academic Freedom Privilege in the Peer Review Context: In re Dinnan and Gray v. Board of Higher Education." Rutgers Law Review 36 (1983): 286-345 (authored by Jerry P. Sattin). Comment. "Colleges and Universities-Constitutional Law: Professor's Assignment of Grade to Students is Symbolic Communication Protected by the First Amendment." North Dakota Law Review 66 (1990): 297-308 (authored by Rosanna Malouf Peterson). Comment. "Drawing the Line on Academic Freedom: Rejecting an Academic Peer-Review Privilege for Tenure Committee Deliberations." Page 381: Summer 1990] ACADEMIC FREEDOM: BIBLIOGRAPHY Washington University Law Quarterly 64 (1986): 1271-78 (authored by Jason A. Parson). Comment. "Kahn v. Superior Court of the County of Santa Clara: The Right to Privacy and the Academic Freedom Privilege with Respect to Confidential Peer Review Materials."Journal of College and University Law 15 (1988): 73-85 (authored by Maureen P. Cunningham, Todd A. Leeson and James R. Stadler). Comment. "Parate v. Isibor: Resolving the Conflict Between the Academic Freedom of the University and the Academic Freedom of University Professors." Journal of College and University Law 16 (1990): 713-30 (authored by David M. Dumas, Caroline McIntyre and Katherine L. Zelenock). Comment. "Personality Control and Academic Freedom-Rampey v. Allen." Utah Law Review (1975): 234-45 (authored by Katherine W. Adams). Comment. "Testing the Limits of Academic Freedom." University of Pennsylvania Law Review 130 (1982): 712-43. Committee of the University of Miami Chapter of the AAUP. "Academic Freedom: Tenure is Not Enough." AAUP Bulletin 53 (1967): 202-9. Communism and Academic Freedom: The Record of the Tenure Cases at the University of Washington. Seattle: University of Washington Press, 1949. Cowan, Thomas A. "Interference with Academic Freedom: The Pre-Natal History of a Tort." Wayne Law Review 4 (1958): 205-27. Curran, Charles E. "Academic Freedom and Catholic Universities." Texas Law Review 66 (1988): 1441-54. "Academic Freedom: The Catholic University and Catholic Theology." Academe: Bulletin of the American Association of University Professors 66 (1980): 126-35. Cushman, Robert E. Academic Freedom and Responsibility. Ithaca, N.Y.: Cornell University Press, 1952. Davis, Frederick. "Enforcing Academic Tenure: Reflections and Suggestions." Wisconsin Law Review (1961): 200-220. Davis, Michael. "Academic Freedom, Impartiality, and Faculty Governance." Law and Philosophy 5 (1986): 263-76. Days, Drew S. III," 'Enemies or Allies?': Widening the Scope of Conflict." Texas Law Review 66 (1988): 1621-28. "Developments in the Law-Academic Freedom." Harvard Law Review 81 (1968): 1045-1159. Dimensions of Academic Freedom. Urbana, Ill.: University of Illinois Press, 1969. Dodds, Harold W. "Academic Freedom and the Academic President." Law and Contemporary Problems 28 (1963): 602-6. 384 LAW AND CONTEMPORARY PROBLEMS [Vol. 53: No. 3 Eagle, Joan M. "First Amendment Protection for Teachers Who Criticize Academic Policy: Biting the Hand That Feeds You." Chicago-Kent Law Review 60 (1984): 229-59. Earle, Valerie, ed. On Academic Freedom. Washington, D.C.: American Enterprise Institute, 1971. Eisenberg, Rebecca S. "Academic Freedom and Academic Values in Sponsored Research." Texas Law Review 66 (1988): 1363-1404. "Defining the Terms of Academic Freedom: A Reply to Professor Rabban." Texas Law Review 66 (1988): 1431-39. Emerson, Thomas I. and David Haber. "Academic Freedom of the Faculty Member as Citizen." Law and Contemporary Problems 28 (1963): 525-72. Fellman, David. "Academic Freedom in American Law." Wisconsin Law Review (1961): 3-46. Finkelhor, Marion K. & Craig T. Stockdale. "The Professor and the Fifth Amendment." University of Pittsburgh Law Review 16 (1955): 344-59. Finkin, Matthew W. "'A Higher Order of Liberty in the Workplace': Academic Freedom and Tenure in the Vortex of Employment Practices and Law." Law and Contemporary Problems 53 (Summer 1990): 357-79. -. "Intramural Speech, Academic Freedom and the First Amendment." Texas Law Review 66 (1988): 1323-49. "On 'Institutional' Academic Freedom." Texas Law Review 61 (1983): 817-57. "Regulation By Agreement: The Case of Private Higher Education." Iowa Law Review 65 (1980): 1119-1200. "Toward a Law of Academic Status." Buffalo Law Review 22 (1973): 575- 602. Finman, Ted. "Critical Legal Studies, Professionalism, and Academic Freedom: Exploring the Tributaries of Carrington's River." Journal of Legal Education 35 (1985): 180-207. Fract, Arthur N. "Non-Tenure Teachers and the Constitution." University of Kansas Law Review 18 (1969): 27-54. Fuchs, Ralph F. "Academic Freedom-Its Basic Philosophy, Function and History." Law and Contemporary Problems 28 (1963): 431-46. Reprinted in Academic Freedom and Tenure, edited by Louis Joughin, 242-63. Madison: University of Wisconsin Press, 1969. Gardner, David P. The California Oath Controversy. Berkeley and Los Angeles: University of California Press, 1967. Gee, Thomas Gibbs. "'Enemies or Allies?': In Defense of Judges." Texas Law Review 66 (1988): 1617-19. Page 381: Summer 1990] ACADEMIC FREEDOM: BIBLIOGRAPHY Getman, Julius G. and Jacqueline W. Mintz. "Foreword: Academic Freedom in a Changing Society." Texas Law Review 66 (1988):
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