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Courts Find Academics Unexceptional
Accuracy in Academia ^ | May 26, 2015 | Malcolm A. Kline

Posted on 05/27/2015 10:43:30 AM PDT by Academiadotorg

They may be the big men and women on campus but off campus they are just men and women.

“The claim of legal status depends on the prior claim that academics are special, even exceptional, and, because exceptional, exempt from the rules and regulations that apply to others,” Stanley Fish writes in his book, Visions of Academic Freedom: From Professionalism To Revolution, published last year. “This thesis—I call it academic exceptionalism—has been put forward in the courts, but, more often than not, it has been rejected.”

Fish is a professor of law at Florida International University. “The logic of execeptionalism is given a full expression in Urofsky v. Gilmore (Fourth Circuit, 2000), where it is rejected by the court,” Fish wrote. “The case is exemplary for my purposes because it presents in sharp contrast two characterizations of academics who teach at public universities.”

“In one characterization, university teachers are public employees no less bound by generally applicable laws and regulations than a clerk or a custodian or assistant district attorney. In the other, university teachers, because they are engaged in the special knowledge, ‘deserve more freedom from employment control than typical employees.’”

Fish is also a visiting professor of law at the Benjamin N. Cardozo School of Law.


TOPICS: Constitution/Conservatism; Culture/Society; Philosophy; US: Florida
KEYWORDS: firstamendment; fiu; professors
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find out what happens when academics try to take their academic exceptionalism argument to court.
1 posted on 05/27/2015 10:43:31 AM PDT by Academiadotorg
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To: Academiadotorg

Don’t we all.


2 posted on 05/27/2015 10:43:49 AM PDT by 9YearLurker
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To: Academiadotorg

Their exceptionalism is merely academic.


3 posted on 05/27/2015 10:47:11 AM PDT by who_would_fardels_bear
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To: Academiadotorg

Those who can’t do…Leach


4 posted on 05/27/2015 10:47:49 AM PDT by DanielRedfoot (Creepy Ass Cracker)
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To: Academiadotorg

Another Leg of “Diverisity Crap.”


5 posted on 05/27/2015 10:52:14 AM PDT by SandRat (Duty - Honor - Country! What else needs said?)
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To: DanielRedfoot
Those who can’t do…Leach

Oh, I LIKE!

6 posted on 05/27/2015 10:52:27 AM PDT by SES1066 (Quality, Speed or Economical - Any 2 of 3 except in government - 1 at best but never #3!)
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To: 9YearLurker

I love feeding all of you straight lines;>)


7 posted on 05/27/2015 10:59:44 AM PDT by Academiadotorg
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To: DanielRedfoot

I like your comment.

I’ll have to admit I don’t like lumping all teachers into one category, but frankly I don’t see a single one of them standing up to what is taking place in our schools.

They all support it or give it the exact same resistance Boehner and McConnell give Obama’s plans... tacit support through silence or enabling actions.

So your “Leach” comment hits home with me.

As far as I am concerned, they can fire every teacher and professor in the nation today. We could start from scratch and do better than these fifth column sellouts.


8 posted on 05/27/2015 11:01:15 AM PDT by DoughtyOne (Conservatism: Now home to liars too. And we'll support them. Yea... GOPe)
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To: Academiadotorg

Actually, off campus they are very often morons with absolutely NO common sense.


9 posted on 05/27/2015 11:02:23 AM PDT by Jack Hammer
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To: DoughtyOne

“As far as I am concerned, they can fire every teacher and professor in the nation today. We could start from scratch and do better than these fifth column sellouts.”

DO, that’s the post of the day!!! In my view, there aren’t enough lamp posts available for what really needs to be done. “Academics” are at the core of what is wrong with America today. Most of them should be tried for treason and dispatched, starting with this guy Gruber of Obamacare “fame.”


10 posted on 05/27/2015 11:18:33 AM PDT by vette6387
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To: Academiadotorg

“But I live in an Ivory Tower of self-importance!! Doesn’t that count for anything!?? I believe it, therefor I am!”


11 posted on 05/27/2015 11:20:44 AM PDT by GeronL (free short story: http://flscifi.blogspot.com/2015/05/free-short-story-proper-care-feeding-of.html)
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To: GeronL

‘Politics in academia are so vicious precisely because the stakes are so low’ ~somebody, herd it from KC Johnson of DukeLAX fame


12 posted on 05/27/2015 11:25:13 AM PDT by Ready4Freddy
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To: Ready4Freddy

lol


13 posted on 05/27/2015 11:37:33 AM PDT by GeronL (free short story: http://flscifi.blogspot.com/2015/05/free-short-story-proper-care-feeding-of.html)
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To: Academiadotorg

The other practical side effect of this ruling: professors who set up rape tribunals to railroad men, while denying them the full charges against them, the right to question the accuse and legal counsel, etc will not be exempt from lawsuits the way judges are.


14 posted on 05/27/2015 11:41:48 AM PDT by tbw2
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To: Jack Hammer

“Actually, off campus they are very often morons with absolutely NO common sense.”

Friend of mine ran security on a local campus. They used a 24 hour clock. The Dean he answered to never mastered converting it to 12 hour format.


15 posted on 05/27/2015 11:48:50 AM PDT by CrazyIvan (I lost my phased plasma rifle in a tragic hovercraft accident.)
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To: Academiadotorg

If a college professor makes a lame legal argument supporting “academic exceptionalism”, and no court listens to him, did he make a sound?


16 posted on 05/27/2015 11:58:27 AM PDT by WayneS (Barack Obama makes Neville Chamberlin look like George Patton.)
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To: Ready4Freddy

Sayre’s Law.


17 posted on 05/27/2015 12:00:03 PM PDT by WayneS (Barack Obama makes Neville Chamberlin look like George Patton.)
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To: CrazyIvan

That is why he is a Dean and not a professor.


18 posted on 05/27/2015 12:00:12 PM PDT by Maine Mariner
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To: WayneS

not until he/she got back to the podium.


19 posted on 05/27/2015 12:09:15 PM PDT by Academiadotorg
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To: Jack Hammer

No one is going to argue with you on that one


20 posted on 05/27/2015 12:17:59 PM PDT by SMARTY ("When you blame others, you give up your power to change." Robert Anthony)
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