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Academic Freedom at American Universities: Constitutional Rights, Professional Norms, and Contractual Duties

In Academic Freedom at American Universities,Philip Lee presents a convincing case for transforming higher education with respect to protecting and encouraging true academic freedom of professors – in both public and private university settings. In six chapters, Lee discusses: the crisis of academic freedom in modern universities and the American Association of Universities Professors (chapter 1), the AAUP’s first policy declaration in 1915 and its struggle to defend academic freedom (chapter 2), the AAUP’s seminal 1940 statement and judicially defined academic freedom during the McCarthy era (chapter 3), modern constitutional conceptions of academic freedom (chapter 4), the limitations of constitutionally-based professorial freedom (chapter 5), and contract law as an alternative and better professorial academic freedom (chapter 6), an expounding of the author’s central proposal. Lee chronicles the shortcomings of constitutionally-based academic freedom and appealing to the First Amendment alone, which he seeks to demonstrate has failed to sufficiently protect public institution professors, while not even applying to private university faculty. Thus, Lee proposes an alternative remedy: “developing a body of contractually based academic freedom case law,” which will “greatly expand the ways that courts protect aggrieved professors when their interests diverge with their employers’” while also allowing for “the proper consideration of the custom and usage of the academic community as either expressed or implied contract terms in resolving disputes between universities and professors” (145-46). The author adds that this contract law approach would also entail the courts giving greater attention to specific campus contexts rather than seeking to create universal remedies that inevitably fall short of fitting certain campus settings. Professor Lee’s research demonstrates substantial mastery of the subject matter and relevant materials – no less for matters dating from the pre-AAUP period through its founding and early years of development to its expanding influence and most recent iterations. Lee’s work evidences careful scholarship that includes extensive collecting, scrutinizing, and evaluating of various crucial events, court cases and findings, written opinions, and other relevant materials spanning the AAUP’s organizational history. Particularly insightful is the author’s discussion of the 1918 report on academic freedom in wartime and the report’s multiple contradictions to the 1915 declaration’s principles, culminating in actual “retreat from professional self-identification in deference to the government’s claimed needs during wartime” (33). Also instructive is Lee’s examination of the shift in focus and language between the 1925 and 1940 Conference Statements – mainly from a prescriptive list of university “don’ts” to descriptive university teachers’ rights with the latter’s garnering of widespread acceptance (47) and approval within the bounds of most religious schools as well (64). The author’s writing style is consistently clear and engaging – no mean feat considering the rather technical and procedural materials encompassing much of this book. Philip Lee’s Academic Freedom at American Universities presents an important argument for an alternative – contract law – foundation for professorial freedom in the academy. I recommend the book as a valuable resource for all public and private higher education institutions, particularly their faculty and executive administration.

The New Science of Learning: How to Learn in Harmony With Your Brain

This book is meant to be put into someone’s hands in the months before they begin college, but it also serves as a useful tool for anyone contemplating returning to school after time away – adults getting ready to begin seminary, for example, after years in first or second careers – or for anyone wishing to become a “life-long learner,” whether in formal academic circles or in private life. Written in accessible language and peppered with illustrative examples, this slim volume blends common sense – such as eat a healthy, balanced diet, make time for regular exercise, get enough sleep, don’t cram – with a wide array of insights from neuroscience research and learning theory of the last fifteen years. Both authors have extensive experience and publications focused on the integration of cognitive research, biology, and learner-centered teaching: Doyle at Ferris State University and Zakrajsek in the Department of Family Medicine at UNC-Chapel Hill. The topics covered in the eight main chapters focus on learning and: sleep, exercise, the use of multiple senses, discovering and utilizing patterns, memory, “fixed” versus “growth” mindsets, and paying attention. Each chapter quickly sets forth recent pertinent research, then concludes with five to ten summary points. Much of the material in the early chapters confirms common sense: getting enough sleep and exercising regularly are necessary for both learning and memory. The brain needs “down” time to process new information. Because sleep and exercise are so foundational for learning, these topics pop up repeatedly in subsequent chapters, especially in the discussions of memory and paying attention. The discussions in chapters 4 through 8 take up facets of cognitive and learning research that move beyond common sense. Where two or more senses are put to use both learning and memory increase: for example, listening and reading, or reading aloud, or sight and touch. Even studying near the scent of roses has a positive impact. Elaboration is another key: the more routes one takes to the goal – such as via concept maps or annotating the pages of books – the stronger the learning. One chapter describes many ways of discerning patterns and “chunking” blocks of information to help make learning easier and faster. The chapter on memory reminds us that cramming is not nearly as effective as “distributed practice,” processing material in smaller bites over a longer period of time, which gives the brain time – it needs at least an hour – to do its work. This means that taking classes back-to-back, with little or no break in between, is nearly always a bad idea, especially in regard to the material in the first class. Resting between classes or learning activities, as well as taking short naps and breaks, daydreaming, or going for a walk or run, turn out to be essential for effective learning. Many students are told in elementary school how smart they are, as if learning is a fixed attribute, rather than being praised for the hard work they are doing, which affirms their learning as a process of steady “growth.” As a result, they often have difficult transitions in middle school and beyond, where the material demands more and more effort. Long-term success is a result of steady work and effective learning strategies, not intelligence.   The New Science of Learning’s extensive use of citations provides lots of trails to follow if the reader is inclined to go deeper, but also makes the book choppier and less engaging than if the authors had rephrased the information in their own words. But this is a minor quibble. I plan to give a copy of this book to my son, who will start college next year, as well as my daughter, a high school sophomore, mostly because I learned so much about how to learn that I wish I had known long ago.

Emotional Responses to Being Graded

Nancy Lynne Westfield Associate Professor of Religious Education Drew Theological School Though this particular meeting of the Academic Standing Committee was five or six years ago, my memory of a request as filed by a student yet lingers. Bonnie, not her real name, was petitioning for a grade change from..

Day One: A Look Back

Dr. Molly Bassett Associate Professor of Religious StudiesGeorgia State University “Timeliness is next to cleanliness and godliness; we don’t want to waste a minute. Plus, I’ve been looking forward to this moment since at least January, and it was hard to sleep a week ago.” That’s how we began..

Eight Challenges You WILL Face During Your Tenure as Dean

One of my favorite cartoons depicts a bowling pin on a psychiatrist's coach. There is a diploma on the wall, a plant in the corner, and a therapist with notepad sitting behind the disconcerted bowling pin character. The caption has...

Passion for the Long Haul

Nancy Lynne Westfield Associate Professor of Religious Education Drew Theological School Baby Suggs, holy, is an enslaved, woman in the novel Beloved, by Toni Morrison. In the passage cited below, Baby Suggs, holy is preaching in the woods on a Saturday afternoon. Baby Suggs, holy stands on a huge flat-sided.

Race Matters: Biblical Representations in the Seminary Classroom

Wil Gafney Associate Professor of Hebrew Bible Brite Divinity School When and where I enter, in the quiet, undisputed dignity of my womanhood, without violence and without suing or special patronage, then and there the whole Negro race enters with me. Anna Julia Cooper Student enters. Looks at me, looks at other students, looks back at me. Is this room 101? Looks at me, looks at other students, looks back at me. Is this Hebrew? Looks at me, looks at other students, looks back at me. Are you teaching it? There is no place that race is not present and...

What is this course?

Dr. Molly Bassett Associate Professor of Religious Studies Georgia State University By the time you read this, I will have met the students in “Religious Dimensions in Human Experience: Between Animals and Gods.” In this completely redesigned dual-level (grad/undergrad) course, we will explore how people can know a single animal—the...

The Task of Decentering in Teaching Old Testament

Gregory L. Cuéllar, Ph.D. Assistant Professor of Old Testament Austin Presbyterian Theological Seminary My introduction to Old Testament course has served as an experimental site for decentering racializing master-narratives, especially those that have contributed to the marginalization of the Other in the Texas-Mexico Borderlands. As a Latino biblical scholar, decentering represents an important pedagogical tactic that is shaped and informed by various forms of critical theory, postcolonial theory, and archival studies. This theoretical apparatus also draws heavily upon a lived experience of marginalization as an ethnic-Mexican in the Texas-Mexico Borderlands. Moreover, the present racial crisis in U.S. society has made...

Teaching Students Where They Are

Nancy Lynne Westfield Associate Professor of Religious Education Drew Theological School Teach students where they are! This forthright adage is deceptively difficult. The question becomes – where are they in proximity to my own location? In other words, what does it mean for the effectiveness of my teaching if the.