L.E. Law Solicitors’ Post

Pleased that my fourth article on academic freedom and the law is out - cowritten with Professor Naomi Waltham-Smith of University of Oxford This article evaluates the state of protection for academic freedom and academic freedom of expression in English law, specifically the effectiveness of protected philosophical belief (PPB) as a vector for protecting them. We argue that the category of PPB (circumscribed by the test in Grainger v Nicholson) is inherently inappropriate as a means of protecting values that are of signal importance in the academic employment context. Furthermore, this framing poses a risk that the concepts of academic freedom and academic freedom of expression may be overlooked or misconstrued in the analysis when applying legal tests (eg of harassment) or in carrying out balancing exercises with the rights of others. We offer critiques of the analytical approach in two recent employment tribunal decisions—Phoenix v The Open University and Miller v University of Bristol—identifying how these problems arise in the reasoning of both tribunals in relation to academic freedom and academic freedom fo expression. Examining how the Higher Education (Freedom of Speech) Act 2023 fails to remedy these issues, we set out the approach that tribunals and courts should in fact take in cases concerning AF and AFoE with reference to the jurisprudence of the European Court of Human Rights and international instruments. https://lnkd.in/eQkjEHuh

Roughly speaking, social components are categorized into three characteristics: commercial, bureaucratic and academic. Commercial: interested in how they can attract more people to make more profits Bureaucratic: sticking to the obedience of law, custom and tradition, unwilling to change Academic: seeking to find universal truth along intellectual interest Japanese education is chiefly characterized as “bureaucratic” or, nowadays, it has become more “commercial”. The problem is that they need to ensure more realms for the “academics”.

Abandonment of grammatical education has undermined learning in every discipline, and degraded our ability for communication in every medium. Join us to reclaim what has been lost. https://lnkd.in/eZQa8QbH

Abandonment of grammatical education has undermined learning in every discipline, and degraded our ability for communication in every medium. Join us to reclaim what has been lost. https://lnkd.in/eZQa8QbH

Abandonment of grammatical education has undermined learning in every discipline, and degraded our ability for communication in every medium. Join us to reclaim what has been lost. https://lnkd.in/eZQa8QbH

**Free speech and academic freedom news** The Government has now laid the statutory instrument necessary to bring the Higher Education Freedom of Speech Act 2023 into force. From 1 August 2024, the main duties (reasonable steps to secure free speech and academic freedom; the new code of practice; the duty to promote importance of free speech) will come into force. The OfS draft guidance on these duties is extremely robust and demanding in terms of implementation in policies and training, in particular. Importantly the new free speech complaints scheme will come into force. This new enforcement mechanism is going to make it much easier for students, employees and visiting speakers to complain about free speech issues and seek a recommendation from the OfS. From 1 September 2025, the new requirements for registration conditions reflecting the above changes will come into force, as will the requirement regarding overseas funding. There is much to do and not much time to do it! If you need help, read our brochure or send me a message! #freespeech #academicfreedom

Abandonment of grammatical education has undermined learning in every discipline, and degraded our ability for communication in every medium. Join us to reclaim what has been lost. https://lnkd.in/eZQa8QbH

I said I am a teacher... They said "really?" I said ehn ehn nah. Is there something wrong with that?....🤷 With this your prestigious way of carrying yourself? I said ehn ehn nah. "Are teachers not meant to be people of prestige in the community?" They went further... "With this your simple but elegant manner of dressing?" I replied once more, ehn ehn? Any crime in that? They continued... "With the way you decently talk and comport yourself, always?" "With the way you carry English-speaking on your head as if you are a Barrister?" Oh, oh? Is there a particular profession that should be the monopoly of prestige, reputation and comportment?? I asked.... Or who should even speak more of English, if not teachers? "Wow! Everything about you defies the norms of a typical teacher", they said. Of course, that is who I am; a unique teacher whose ways and philosophies are different from the expectations of the society. "That's so amazing and good to hear! Honestly, I was expecting to hear something like Doctor, Lawyer, Mass communicator, Journalist, and the likes. I never knew you were a teacher!" What exactly is the offense of teachers? Dear Teacher, I suspect you too sha. Your sloppy way of dressing is painting us paltry. Go and change! Your loose manner of talking in the public is reducing our honor. Go and change, please!🙏 Your lack of confidence and poise (smart body-carriage) is making people to have a false conclusion about the teaching profession. Please, make a determination to change! The teaching profession is not a paltry profession! Tolu Joseph The Prestigious Teacher

“EDUCATIONAL INSIGHTS That WE CAN TAKE from a MOOT COMPETITION” Earlier this year in April 2024, I participated in a moot court competition as a 'researcher' hosted by the PIMR, Department of Law The problem focused on articles 29 and 30 of the Indian Constitution. This event provided a platform for me to engage in a rigorous exploration of these pivotal constitutional provisions, underscoring their significance in legal education and practice. • ARTICLE 29 of the Indian Constitution is instrumental in safeguarding the cultural and linguistic rights of individuals and groups. It ensures that no citizen is denied admission to educational institutions on the grounds of race, religion, language, or ethnicity. This provision is crucial for preserving the cultural identity and linguistic diversity within the educational system. • ARTICLE 30 addresses the rights of minorities to establish and manage educational institutions of their choice. It plays a vital role in promoting educational equity and fostering an environment where minority communities can preserve and advance their cultural heritage through education. The process throughout the competition enabled me to critically analyze the application and implications of these articles. By simulating court proceedings, it offered valuable insights like - 1. How do constitutional provisions shape legal arguments and influence educational policies? : This educational exercise facilitated a deeper understanding of the balance between individual rights and collective interests, and the role of education in upholding these principles. 2. Moots exemplifies a commitment to advance legal education and provide students with practical experience in constitutional and various laws. 3. It not only enhances participants' analytical and advocacy skills but also contributes to their broader comprehension of fundamental rights and justice. 4. These educational endeavors highlight the importance of integrating theoretical knowledge with practical application, preparing us students for future challenges in the legal field. PS: Hope this helps and ignites you to participate in more and more moots and along with it is a picture of my best friend (caffeine) which helps my fuel burning - Uday #MootCourt #ConstitutionalLaw #Article29 #Article30 #LegalEducation #IndianConstitution #EducationalRights

Suggested Reading: Teaching to Transgress: Education as the Practice of Freedom by bell hooks https://lnkd.in/gfbZNhrv