David M. Rabban
- Dahr Jamail, Randall Hage Jamail, and Robert Lee Jamail Regents Chair in Law
- Distinguished Teaching Professor
- Professor
Professor Rabban served as counsel to the American Association of University Professors for several years before joining the Texas faculty in 1983. He later served as its general counsel and as chair of its committee on academic freedom and tenure. His teaching and research focus on free speech, academic freedom, higher education and the law, and American legal history. He was a fellow of the John Simon Guggenheim Foundation in 2016 and of the Program in Law and Public Affairs at Princeton University in 2016-17. His most recent book is Academic Freedom: From Professional Norm to First Amendment Right.
Featured Work
Professor Rabban served as counsel to the American Association of University Professors for several years before joining the Texas faculty in 1983. He served as General Counsel of the AAUP from 1998 to 2006 and Chair of its Committee on Academic Freedom and Tenure from 2006 to 2012. His teaching and research focus on free speech, higher education and the law, and American legal history. He is the author of Free Speech in Its Forgotten Years, 1870-1920 (Cambridge,1997), which received the Forkosch Prize from the Journal of the History of Ideas for "the best book in intellectual history published in 1997." His many articles have appeared in Yale Law Journal, Stanford Law Review, University of Chicago Law Review, Cambridge Law Journal, and elsewhere. He was a fellow of the John Simon Guggenheim Foundation in 2016 and of the Program in Law and Public Affairs at Princeton University in 2016-17. His most recent book is Academic Freedom: From Professional Norm to First Amendment Right.
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year-2000
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Book Chapter
Academic Freedom
David M. Rabban, Academic Freedom, in 1 Encyclopedia of the American Constitution 21 (2nd ed.; Leonard W. Levy & Kenneth L. Karst eds; New York: Macmillan Reference USA, 2000). -
Article
Free Speech: The Lost Years
David M. Rabban, Free Speech: The Lost Years, 25 Journal of Supreme Court History 145 (2000).
year-1999
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Book Review
Campus Hate Speech on Trial, by Timothy C. Shiell
David M. Rabban, Campus Hate Speech on Trial, by Timothy C. Shiell, 86 Journal of American History 338 (1999). -
Book Chapter
Roe, Gilbert Ernstein, and Schroeder, Theodore
David M. Rabban, Roe, Gilbert Ernstein, and Schroeder, Theodore, in American National Biography (24 vols.; John A. Garraty & Mark C. Carnes eds.; New York: Oxford University Press, 1999).
year-1998
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Book Review
Can Academic Freedom Survive Postmodernism?
David M. Rabban, Can Academic Freedom Survive Postmodernism? 86 California Law Review 1377 (1998) (reviewing The Future of Academic Freedom, Louis Menand ed.).
year-1997
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Book
Free Speech in Its Forgotten Years
David M. Rabban, Free Speech in Its Forgotten Years (Cambridge, U.K.: Cambridge University Press, 1997).
year-1996
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Article
Aliens and Dissenters, by William Preston
David M. Rabban, Aliens and Dissenters, by William Preston, 37 Labor History 127 (1996). -
Article
Free Speech in Progressive Social Thought
David M. Rabban, Free Speech in Progressive Social Thought, 74 Texas Law Review 951 (1996).
year-1995
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Book Review
Learned Hand, by Gerald Gunther
David M. Rabban, Learned Hand, by Gerald Gunther, 82 Journal of American History 300 (1995).
year-1994
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Other Publication
Arbitration of Disputes Over Professional Standards
David M. Rabban, Arbitration of Disputes Over Professional Standards, in Arbitration 1994: Controversies and Continuity 194 (G. Gruenberg ed.; Washington, D.C.: BNA, 1994).
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Book Chapter
Academic Freedom, Professionalism, and Intramural Speech
David M. Rabban, Academic Freedom, Professionalism, and Intramural Speech, in Academic Freedom: An Everyday Concern 77 (E. Benjamin & D. Wagner eds.; Josey-Bass, 1994). -
Article
The IWW Free Speech Fights and Popular Conceptions of Free Expression Before World War I
David M. Rabban, The IWW Free Speech Fights and Popular Conceptions of Free Expression Before World War I, 80 Virginia Law Review 1055 (1994).
year-1993
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Article
Does Professional Education Constrain Academic Freedom?
David M. Rabban, Does Professional Education Constrain Academic Freedom?, 43 Journal of Legal Education 358 (1993). -
Book Chapter
A Functional Analysis of "Individual" and "Institutional" Academic Freedom Under the First Amendment
David M. Rabban, A Functional Analysis of "Individual" and "Institutional" Academic Freedom Under the First Amendment, in Freedom and Tenure in the Academy 227 (William W. Van Alstyne ed.; Durham, NC: Duke University Press, 1993).
year-1992
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Book Chapter
Bad Tendency Test, and Clear and Present Danger
David M. Rabban, Bad Tendency Test, and Clear and Present Danger, in The Oxford Companion to the Supreme Court of the United States 54, 158 (Kermit L. Hall ed.; New York: Oxford University Press, 1992). -
Article
The Free Speech League, the ACLU, and Changing Conceptions of Free Speech in American History
David M. Rabban, The Free Speech League, the ACLU, and Changing Conceptions of Free Speech in American History, 45 Stanford Law Review 47 (1992). -
Book Review
Make No Law, by Anthony Lewis
David M. Rabban, Make No Law, by Anthony Lewis, 79 Journal of American History 738 (1992).
year-1991
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Article
Is Unionization Compatible With Professionalism?
David M. Rabban, Is Unionization Compatible With Professionalism?, 45 Industrial & Labor Relations Review 97 (1991).
year-1990
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Article
A Functional Analysis of "Individual" and "Institutional" Academic Freedom Under the First Amendment
David M. Rabban, A Functional Analysis of "Individual" and "Institutional" Academic Freedom Under the First Amendment, 53 Law & Contemporary Problems 227 (1990). -
Article
Can American Labor Law Accommodate Collective Bargaining by Professional Employees?
David M. Rabban, Can American Labor Law Accommodate Collective Bargaining by Professional Employees?, 99 Yale Law Review 689 (1990).