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Category: Academic Freedom

Perspectives on Academic Freedom

26 June, 200927 June, 2009
| 5 Comments
| Academic Freedom, Freedom of Expression, Universities

ACTA Report cover, via their siteOne of my favourite blogs is Erin O’Connor’s Critical Mass, a blog dedicated to commentary on the state of academe in general and American higher education in particular. She is invariably interesting and unfailingly provocative, if not always right; and her discussions of academic freedom in all its guises have helped to clarify what I think about such matters. Last week, she blogged about a new report from the American Council of Trustees and Alumni (ACTA, where she is a Research Fellow) on Protecting the Free Exchange of Ideas. How Trustees Can Advance Intellectual Diversity on Campus (pdf); its abstract:

This report features ten best practices, gleaned from colleges and universities across the country, for promoting the free exchange of ideas in and out of the classroom. Since intellectual diversity is at the core of any true university education, the report commends institutions that have taken action, urges them to keep at it, and exhorts other boards to play their proper leadership role–working, of course, with administrators, faculty, alumni, and donors–in guaranteeing and enriching the intellectual environment on campus.

The ten principles discussed in detail in the report are

  1. Survey the campus climate.
  2. Incorporate intellectual diversity into institutional statements and policies.
…

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Universities and Patents

28 April, 200821 May, 2010
| 2 Comments
| Academic Freedom, Law, Universities

Heads, from TCD Research and Innovation Site.In Ireland, the law relating to patents is governed by the Patents Act, 1992 (here and here) as amended in 2006 (here and here). According to the Irish Patents Office, a patent

confers upon its holder, for a limited period, the right to exclude others from exploiting (making, using, selling, importing) the patented invention, except with the consent of the owner of the patent. A patent is a form of ‘industrial property’ [IP], which can be assigned, transferred, licensed or used by the owner.

The same site also clarifies that any person

may make an application for a patent; the right to a patent belongs to the inventor or the inventors’ successor in title. However, if an employee makes an invention in the course of his/her employment the right to the patent may belong to the employer.

Unsurprisingly, therefore, my employer (Trinity College Dublin) claims ownership

… of all IP created by College Staff in the course of their employment and/or in the fields of expertise in which they choose to work, and thus inventors are required to assign their rights to the College through Innovation Services. In return for this assignment, College contracts with the creators of the IP to share with them any financial benefits received, in accordance with College Regulations.

…

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Freedom of Expression and Academic Freedom

28 November, 200722 June, 2009
| 2 Comments
| Academic Freedom, Freedom of Expression, Universities

Smolla lecture poster via WLU website.A little while ago, Brian Tamanaha on Balkinization raised the question of what is the right response where professors insult in class; his post began as follows [with some added links]:

The November issue of National Jurist has an article about a recent spate of law professors getting into trouble for comments inside or outside of the classroom that apparently offended students. According to the article, a Wisconsin professor made comments about Hmong men [IHT] in the context of discussing cultural practices that might be invoked as a defense against criminal charges. A Quinnipiac professor sent an email to students on his distribution list that “derided� them “for their concepts of how poor people and ethnic minorities are represented within the American legal system� [Quinnipiac Chronicle]. A John Marshall professor was reprimanded for asking a Jewish student “whether his religious training contributed to Jews passing the bar at higher rates than African Americans� [De Paul]. The article did not mention the most recent example of such controversy, involving a professor at Connecticut who showed a film in class, pausing at a scene that offended a few of the students [Law.com].

I was reminded of this as I listened last night to Dean Rod Smolla‘s Inaugural Lecture at WLU (poster above) on

Freedom of Expression and Religion on the Modern Campus: Academic Freedom at Public and private Universities

His basic theme was that First Amendment doctrine is capable of explaining and guiding the development of the principles of academic freedom in the modern American university.…

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“You can’t fire me; I’ve got tenure!”

25 March, 200722 May, 2010
| 5 Comments
| Academic Freedom, Cinema, television and theatre, Politics, Tenure, Universities

83m.jpgLast night, MGM movies showed the 1984 movie Teachers, about a lawyer who sued her high school for graduating an illiterate pupil. It starred JoBeth Williams as the lawyer; Nick Nolte as the idealistic but frustrated and jaded ageing hippie teacher; and Judd Hirsch as the pragmatic head teacher just trying to get through with the pupils he’s got (for a more recent, also iconic, role, see here (Daithí)). A fine supporting cast included Ralph Macchio (‘wax on, wax off‘) as the tough kid Nolte was trying to reach; Laura Dern as the kid Nolte helps to have an abortion after another teacher gets her pregnant; and Morgan Freeman (with an extraordinary hairstyle almost as much a member of the cast in its own right as Kevin Costner‘s in Robin Hood. Prince of Thieves) as the school’s lawyer. There is a perceptive review here. Among the many Hollywood-sardonicisms in the script, the large, underfunded high school is named for John F Kennedy; and the illiterate graduate (whom we never meet) is called John Calvin(!). The case settled (JoBeth Williams’ boss, William Hill (in the key scene, he is world-weary, wearing a waistcoat, and sitting behind a desk – for all the world as he would appear in TV’s Law & Order) did the deal, much against her wishes).…

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Academic freedom under threat?

5 March, 200722 June, 2009
| 1 Comment
| Academic Freedom, Freedom of Expression, Universities

Two recent Oxbridge stories caught my eye. First, Daithí has a characteristically perceptive and wide-ranging post on a demand by students in Oxford for the dismissal of Prof David Coleman because of his (unpopular) connections with Migration Watch. The whole point of academic freedom (DHI | Human Rights Watch | wikipedia) is the right to think unpopular thoughts. They can be wrong, or wrongheaded – many, if not most, ideas fall into this category. But the fundamental cornerstone of academic enquiry is that they can be thought. Once articulated, they can be met, and their wrongness or wrongheadedness demonstrated. Student Action for Refugees (STAR) would do better to counter Migration Watch in debate and argument, and thus to persuade those still open to persuasion, than shrilly to seek Prof Coleman’s dismissal and in the process potentially turn off the persuadeble middle ground.

Second, in Cambridge, the boot is on the other foot. Legal Scribbles reports (following on from an earlier post) that students have been questioned under caution by the police on suspicion of having committed an offence contrary to s5 of the Public Order Act 1986, for having published cartoons of the Prophet Muhammad.…

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Hi there! Thanks for dropping by. I’m Eoin O’Dell, and this is my blog: Cearta.ie – the Irish for rights.


“Cearta” really is the Irish word for rights, so the title provides a good sense of the scope of this blog.

In general, I write here about private law, free speech, and cyber law; and, in particular, I write about Irish law and education policy.


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