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Between Faculty, Administration, Board, State, and Students: On the Relevance of a Faculty Senate in the Modern U.S. University


Larry Catá Backer


Penn State Law

February 10, 2013


Abstract:     
This essay is an edited text of a presentation made by the incoming chair of the University Faculty Senate of Pennsylvania State University to a conference co-sponsored by the American Association of University Professors and faculty at the Pennsylvania State University. The topic of these remarks is shared governance. I will consider shared governance within the increasingly contested governance space of the U.S. public research university. My contextual focus will be on its most fragile element, a faculty senate. I will start with a very brief review of the foundations. The conceptual structures of shared governance are fairly well known but it is always useful to nod in the direction of sources. I then consider the realities of shared governance, considering the law relating to shared governance and its functional challenges. I will suggest the context and the difficulties of shared governance within the a-symmetric power arrangements that are the hallmark of public universities. What I hope to flesh out is an outline of the context in which shared governance might be measured by its form with little attention paid to the effectiveness of its function. I will then consider where a faculty senate can fit into this governance enterprise. I will consider whether shared governance has come to mean more a sharing of the burdens of administration than a sharing of governance. I will end with a consideration of how I see the Penn State Faculty Senate playing a more engaged role within the constraints of shared governance, and the way in which, in the absence of legal protection, the university itself must provide a contractually based protection for the shared governance obligations of faculty.

Number of Pages in PDF File: 28

Keywords: university, shared governance, faculty, academic freedom, faculty senate, faculty governance, board of trustees

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Date posted: April 3, 2012 ; Last revised: February 13, 2013

Suggested Citation

Backer, Larry Catá, Between Faculty, Administration, Board, State, and Students: On the Relevance of a Faculty Senate in the Modern U.S. University (February 10, 2013). Available at SSRN: http://ssrn.com/abstract=2032779 or http://dx.doi.org/10.2139/ssrn.2032779

Contact Information

Larry Catá Backer (Contact Author)
Penn State Law ( email )
University Park
239 Lewis Katz Building
University Park, PA 16802-1913
United States
814-863-3640 (Phone)
814-863-7274 (Fax)
HOME PAGE: http://web.mac.com/lcb911/iWeb/Larry%20Cata%20Backer/Welcome.html
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