The rather arcane principles of academic tenure and academic freedom, which have long featured on this blog, have recently moved close to the centre of industrial relations debate and political discussion. The National Strategy for Higher Education in Ireland (the Hunt Report) and the Public Service Agreement 2010-2014 (the Croke Park Agreement) seem to imperil both concepts. The current conception of academic tenure is threatened by proposals to make significant changes to academic employment conditions, and the current conception of academic freedom is undermined by recommendations that fundamental academic choices should be determined not by academics or institutions but at national level. It is unsurprising, therefore, that a recent meeting of Irish academics protested against the implementation of the Croke Park agreement in third-level institutions, and called for the defence of tenure and academic freedom.

Some colleges and universities have been strong in their defence of these concepts. For example, I have already discussed the provisions of Trinity’s 2010 Statutes protecting tenure and academic freedom. Moreover, the Trinity’s Council and Board have recently approved a detailed and progressive Policy on Academic Freedom. I have also discussed similar statutory provisions in other Irish universities. To that, I can now add the provisions of NUI Maynooth’s statutes relating to tenure. Read the rest of this entry »

Tenure:

the very word connotes safety, security, and a sense that you have made it in academia. But is the system really all it is cracked up to be, or is it lumbering into the world of 21st century academia like a dinosaur that hasn’t heard it is supposed to be extinct?

In earlier posts on this blog, I have looked at various issues relating to the various legal protections of academic freedom and at the concomitant concept of academic tenure as a matter of principle. In today’s post, I want to look at it as a matter of law.

The starting point is the Universities Act, 1997. Section 25(6) (also here) of the Act provides (with added emphasis):

A university may suspend or dismiss any employee but only in accordance with procedures, and subject to any conditions, specified in a statute made following consultation through normal industrial relations structures operating in the university with recognised staff associations or trade unions, which procedures or conditions may provide for the delegation of powers relating to suspension or dismissal to the chief officer and shall provide for the tenure of officers.

The Statutes of a university constitute its basic law, and section 3 of the 1997 Act (also here) provides that “officer[s]” include “permanent, full-time member[s] of the academic staff of the university”. Hence, section 25(6) effectively requires that each university’s statutes must only specify disciplinary procedures leading to the suspension or dismissal for their employees, but must also provide for tenure of full-time members of academic staff. This rider to section 25(6) is very important. Dismissal procedures be set out in universities’ fundamental constitutional documents, and where such procedures affect full-time members of the academic staff, they must specifically provide for tenure. This is a strong legislative commitment to the principle of academic tenure. As with the Act’s comcomitant protection of academic freedom, there are very few similar general legislative provisions elsewhere. In this respect at least, Irish legislation is particularly progressive, and – as Prof Jim McKernan, formerly of UCD and UL, and now of the College of Education in East Carolina University, has recently argued on Ninth Level Ireland – these freedoms must be jealously guarded and zealously protected:

Academic Freedom and Tenure: Necessary Rights for Irish Academics

Academic freedom is the right of the faculty member to select one’s materials, methods, pedagogy and points of view in teaching one’s discipline. … Academic freedom is an absolute necessity for a democratic society. … Faculty need to be free of the constraints of censorship and interference in the conduct of their duties by the institution or other agents and agencies in the community.

… Faculty members, after a probationary period have a property right to their position and cannot be removed barring ‘just cause’. Tenure does not guarantee a post for life. When I was first appointed at UCD in 1981 there was one condition in my contract letter for removal-being guilty of ‘gross moral turpitude’. Irish academics had real tenure in those days. I do not know if new conditions for removal of tenured faculty have been introduced. … Tenure really means that one ‘owns their position’ and the right to return to that position year after year after the probationary period. … Tenure secures a working community of scholars based on accepted academic values and aims, and it guarantees that a person cannot be dismissed from that community without due process and without consideration based on well established objective academic criteria. As it turns out, the truth is not always popular, especially within circles of power and wealth. Remove the system of tenure and we shall witness a ‘Flight of the Dons’. …

The answer to Jim’s question in bold about the current state of tenure in Irish universities is in three parts. Read the rest of this entry »

The Statutes of a university constitute its basic law. For example, when the Charter of Elizabeth, dated 3 March 1592, founded Trinity College Dublin as the mother of a University, it afforded the College the power to adopt and amend Statutes to regulate its internal affairs. In the restatement of TCD’s Statutes which come into force today, the Preamble sets out some values and aspirations to inform and underpin their interpretation and application. Among those values, the College

Affirms its rights and responsibilities to preserve and promote academic freedom, tenure, and freedom of expression, [and]

Recognises the corresponding commitment of its members to pursue with integrity the highest standards in teaching and learning, and in research and scholarship, …

I have already looked at the principle of academic freedom in Irish law in an earlier post on this blog; in this post I want to look at the concomitant principle of academic tenure, using the relevant provisions of TCD’s Statutes as a guide; and in a future post, I will look at the extent to which it is currently protected as a matter of Irish law.

Broadly speaking, academic tenure is the right of a full-time academic not to be arbitrarily dismissed. It is one of the means by which the principle of academic freedom is secured. Intellectual autonomy and academic freedom are central to academic research and scholarship, and the protections afforded by academic tenure allow academics to investigate unfashionable, controversial, or distasteful topics or dissent from received wisdom, and to teach and pubish their honest conculsions, without fear of external pressures (for example, from university donors, vociferous critics, or government) or internal censure. Read the rest of this entry »

A few weeks ago, noted US Constitutional scholar Erwin Chemerinsky (wikipedia), currently Alston & Bird Professor of Law and Professor of Political Science at Duke, was hired as the founding Dean of Donald Bren School of Law at the University of California, Irvine; then he was “unhired” (here’s Chemerinsky’s own take on that, from the LA Times); and quite quickly re-hired.

I’ve just recently discovered that Paul Caron on Tax Law Prof used this flap “to generate and publicize the best ideas about reforming legal education from some of the leading thinkers in the law school world”. He and Bill Henderson asked various legal luminaries to give 250-word answers to this question:

What is the single best idea for reforming legal education you would offer to Erwin Chemerinsky as he builds the law school at UC-Irvine?

They got forty responses, gathered together here, and well worth a read they are too (don’t just take my word for it; the Chronicle of Higher Education thinks so too (hat tip: Tax Prof Blog)).

I wonder whether any of those ideas will surface at the forthcoming (second annual) Legal Education Symposium hosted by UCC in December (already discussed here on this blog)? Or whether they will find a home in the new Law School in the University of York in the UK (now hiring)? Or whether they will feed into the University of Maynooth’s new degrees in Business and Law and Law and Arts? The Centre for Business, Management and Innovation Studies has already hired one lawyer and has advertised for another (see here and here and here). Will York or Maynooth follow some of the advice for Chemerinsky and abolish tenure or tie it to teaching, focus the curriculum on practice in one or some or all of the years, promote public understanding of the law, or build strengths in interdisciplinary teaching and scholarship? Just don’t puff the schools too much.

Update (22 October 2007): On a related note, not only did I slip the Chronicle link in up there as a bonus, but Tax Prof Blog also points to Jim Chen’s Simple Wisdom summary of Scott Greenfield’s suggestions about how professors, students, and law schools can make law school better: professors should do more to engage the students; students should stop whining, grow up and learn what they need to know to be lawyers; and law schools should train lawyers to fulfill a function in society, to represent entities in their dealings or litigation to prevent society from tyranny or anarchy. He concludes:

This pressure on law professors to produce scholarly works has two bad outcomes. First, it means that law professors no longer care about teaching, for there is no reward to being a good teacher. This failure is clearly reflected in law students’ complaints about law school. Second, it has reduced law professors to fashion designers, moving hemlines up and down every year, just so they have something to say.

I venture to guess that no law professor will invent cold fusion or a cure for the common cold. Few will contribute anything of lasting substance to society in this year’s law review. But you could make a monumental contribution by preparing young men and women to go out into the world with the skills, knowledge, ethics and willingness to zealously represent people. Each of these students will touch the lives of many people, and if well trained, make their lives a little bit better. Law School can and should be a part of this. …

And now, I have to get back to finishing my views on this year’s fashions for an impatiently waiting editor

Last 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). When the school board tried to fire Nolte for his role in Dern’s abortion, he uttered the line in the title; and a Dead Poet’s Society-style show of support from his pupils emboldened him to resist the school’s efforts to sack him.

Its themes have since become a little clichéd (not least its tagline: “They fall asleep in class. Throw ink on each other. Never come in Mondays. And they’re just the teachers”). Read the rest of this entry »