Jump to ContentJump to Main Navigation
Speaking about Torture$
Users without a subscription are not able to see the full content.

Julie A. Carlson and Elisabeth Weber

Print publication date: 2012

Print ISBN-13: 9780823242245

Published to Fordham Scholarship Online: January 2013

DOI: 10.5422/fordham/9780823242245.001.0001

Show Summary Details
Page of

PRINTED FROM FORDHAM SCHOLARSHIP ONLINE (www.fordham.universitypressscholarship.com). (c) Copyright Fordham University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in FSO for personal use (for details see http://www.fordham.universitypressscholarship.com/page/privacy-policy).date: 22 October 2017

John Yoo, the Torture Memos, and Ward Churchill: Exploring the Outer Limits of Academic Freedom

John Yoo, the Torture Memos, and Ward Churchill: Exploring the Outer Limits of Academic Freedom

Chapter:
(p.286) Chapter 17 John Yoo, the Torture Memos, and Ward Churchill: Exploring the Outer Limits of Academic Freedom
Source:
Speaking about Torture
Author(s):

Richard Falk

Publisher:
Fordham University Press
DOI:10.5422/fordham/9780823242245.003.0018

This chapter discusses growing threats to academic freedom in U.S. universities by comparing the differential treatment of professors Ward Churchill (University of Colorado, Boulder) and John Yoo (University of California, Berkeley). Opposed to encroachments on academic freedom for the ways that they erode the intellectual atmosphere and discourage critical dissent, it seeks to establish a principled basis for assessing Yoo's conduct when he was on leave from the university serving as legal advisor to the Bush administration. It argues that while Yoo's support for policies sanctioning torture should be protected by norms of academic freedom, the model he presents in giving advice that violates basic rules of international treaty and criminal law undermines his professional responsibilities as a teacher of law. At stake are two contending tenets of a constitutional democracy: safeguarding academic freedom and the professional responsibility of academic advisors to provide guidance that falls within the domain of reasonable interpretation.

Keywords:   Academic freedom, Ward Churchill, John Yoo, Chris Edley, University of California Academic Personnel Manual, New McCarthyism

Fordham Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .