Tuesday, June 30, 2015

Professor Ely Karmon on Israelis, Palestinians and "Pirates"

Gaza: 'Pirates are those who want to penetrate official blokade' - Ely Karmon - KinoMan.AZ

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Karmon Ely ekarmon@idc.ac.il

2:16 AM (5 hours ago)
to Karmon
Dear friends and colleagues,

Please hear my take about the "humanitarian flotilla" to Gaza which was stopped yesterday night by the Israeli navy, in an interview (in English) to the Russian Sputnik radio station about the Gaza flotilla.

http://www.kinoman.az/ru/music/listen/212493528?q=

Ely Karmon, PhD
Senior Research Scholar
International Institute for Counter-Terrorism (ICT) and
The Institute for Policy and Strategy (IPS) at
The Interdisciplinary Center (IDC(
Herzlyia, Israel
Tel.:   972-9-9527277
Cell.: 972-52-2653306
Fax.: 972-9-9513073, 972-9-7716653
E-mail: ekarmon@idc.ac.il
Web: http://www.ict.org.il/

Affirmative action in college admissions will again be in front of the SCOTUS next year.

As the Supreme Court closed shop for the summer yesterday, four Justices agreed that the Fisher v. UT-Austin case should be brought back for another look.
http://chronicle.com/article/What-to-Expect-as-the-Supreme/231245/?cid=at&utm_source=at&utm_medium=en

UT-Austin has been using a 10% rule: the top ten percent of graduates from every high school in the state are guaranteed admission to the Lone STart State's flagship institution (where yours truly once taught business law, by the way).


Ms. Fisher, denied admission, challenged the practice.  The federal district court granted summary judgment in UT's favor and the case worked its way up to the Supremes.  In 2012 they held that strict scrutiny needed to be applied to review of the admissions policy and remanded the case for the lower courts to take a second gander.

In the succeeding two years the district court and the U.S. Court of Appeals for the Fifth Circuit once again blessed the UT scheme.  The lawyers for Ms Fisher, determined I presume to wipe affirmative action from the face of American law, have again persuaded the requisite four Justices that the lower courts failed to do their strict scrutiny of the admissions policy and that the Court must reexamine its earlier ruling.

Since Justice Kegan as Solicitor General weighed in on the case back in the day, she has again recused herself, so that the conservatives on the Court will come back to the case with an advantage over their liberal colleagues.



Monday, June 29, 2015

Why are marginal colleges like the Walking Dead?

http://chronicle.com/article/Why-Is-It-So-Hard-to-Kill-a/231161/?cid=at&utm_source=at&utm_medium=en

The more pertinent question may be, "Is America better served or worse served by the survival of so many little schools that skate by on the brink of financial failure year after year after year?"

Some years ago I followed the trials and tribs of Hiwassee College, a small Christian school that the southern state accreditors had in their gun sights.
http://terrortrials.blogspot.com/2011/06/southern-colleges-on-skids.html 
What I learned was that a combination of dedicated employees who work cheap; a loyal alumni base that helps ensure a steady trickle of students; administrators who tenaciously battle the accrediting agent, even into federal court; an austere budget --- and for all I know, God's will --- keeps these places afloat on an always stormy financial sea.

Put aside loyalty, faith and the like, and ask whether the students could be better educated elsewhere, and I think the answer must be "yes." True believers no doubt will hastily retort that such schools teach values that alternative universities, however better academically, would not and could not teach. 

And so, in this land of alleged free markets, both financial and intellectual, it comes down to point of view, I suppose.

Saturday, June 27, 2015

Herewith, the Supreme Court's decision on gay marriage and the several states:

http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

This decision on top of the Windsor decision several years ago, which declared the federal Defense of Marriage Act unconstitutional, pretty much institutionalizes gay marriage in the U.S.  That is a remarkable development in the one Western nation that continues to have a significant fundamentalist Christian population.

There are a number of things that I never thought I would see in my lifetime:
1.  The end of the Cold War without a nuclear holocaust (albeit that a**h*** Putin says he's having another 40 ICBMs built this year... a neo-Csar with a small-penis problem, if you ask me)

2.  The end of Apartheid without a race war and bloodbath in South Africa.

3.  A black face in the White House... and he got re-elected, proving it wasn't just some Great Recession, crazy mad voter fluke.

And now the recognition of gay rights.  All that's left in this department is for the Congress to finally amend the 1964 Civil Rights Act to include sexual preference among the protected categories. The Prez has already extended those rights in the area of government contracting via an executive order last year.  And many states and cities have gotten out in front of Uncle Sam on the issue. 

As one who was representing gay HIV victims 20 years ago --- http://articles.philly.com/1992-12-31/news/25993582_1_aids-virus-hiv-or-aids-aids-law-project --- once more I feel lucky to have lived to see this historic SCOTUS decision.  Despite 400 Americans controlling more wealth than the entire lower half of the population; despite the Court's endorsement of unlimited campaign contributions by these wealthy buggers; despite how just plain brainless so many of my "Fellow Americans" have become in this age of Tweets and Twits... some real progress has been made for peace, for tolerance, and for civil rights and liberties.

Yesterday was a good day.

Friday, June 26, 2015

Puritanism remains alive and well in the United States

In Louisiana, a tenured professor has been fired for using obscene language and telling dirty jokes around students.  (And this is a woman, friends.)
http://chronicle.com/article/Louisiana-State-s-Firing-of/231167/?cid=at&utm_source=at&utm_medium=en

Meanwhile, back up north, New York lawmakers propose to add a Scarlet Letter to student transcripts, when students are dismissed for "more likely than not" having committed a sexual assault.
Virginia passed such a law this spring and Governor Cuomo appears to have his pen poised to sign this one.
http://chronicle.com/article/Spurred-by-Sex-Assault/231171/?cid=at&utm_source=at&utm_medium=en

We lawyers will be the beneficiaries of this crusade to cleanse America's campuses of the unclean.  
https://www.bostonglobe.com/metro/2015/05/29/amherst/4t6JtKmaz7vlYSrQk5NDyJ/story.html

http://www.sbnation.com/nfl/2015/5/8/8435137/jameis-winston-lawsuit-sexual-assault-counterclaim-defamation


http://legalinsurrection.com/2015/03/campus-consent-wars-expelled-male-student-sues-cornell-univ/


https://www.eab.com/daily-briefing/2015/04/15/how-some-men-accused-of-sexual-assault-are-fighting-back

Thursday, June 25, 2015

Education Department backs off college ratings and opts for a consumer-oriented site.

We'll have more info for students and families than ever before, the DOE claims.
http://chronicle.com/article/Education-Department-Now-Plans/231137/?cid=at&utm_source=at&utm_medium=en

Ever since the Department suggested ratings a couple of years ago, the notion has been under fire.  Republicans in Congress actually took steps to withhold funding for the scheme.  Meanwhile many higher ed leaders raised serious concerns about the bureaucracy's capacity to generate fair evaluations.

I tend to agree with the critics.  Arnie Duncan, Barack Obama and the gang are joined at the hip to elitist Harvard scholars of higher education who disdain what we do down in the trenches at "average" colleges and universities.  They have unrealistic ideas about what goes on in the K-12 environment since most of these policy gurus' experience is confined to a couple of years in Teach America, from what I hear.  Their Ivy League educations have prepared them no better to fairly rate the rest of us, the great unwashed of higher education.

Ergo, the new direction is not only sensible, but a relief for many.

My July webinars are now on offer:

July 16th:  Student Disciplinary Policy Review

July 23rd:  Cheating and Plagiarism

https://jamescastagnera.wordpress.com/ned-mcadoo-2/

Wednesday, June 24, 2015

Just try keeping the Greeks in their place

For Sigma Alpha Epsilon at UNC-Wilmington, a two-year suspension has ended.  But, reports the Chronicle of Higher Ed, tension still run deep.
http://chronicle.com/article/Reining-In-a-Fraternity-Is-No/231109/?cid=at

Of course, this is nothing compared to UVA, where Phi Kappa Psi is suing Rolling Stone Magazine over the outrageous fabrication the publication printed under the banner "A Rape on Campus."  
http://www.usnews.com/news/articles/2015/04/07/why-a-uva-frats-potential-lawsuit-against-rolling-stone-could-succeed

The Greeks reportedly have never been more popular on college campuses.  Nor have they ever had more influence.
http://www.alternet.org/education/5-ways-fraternities-are-wielding-major-influence-over-university-administrations



During my college years I drank a lot of beer and wasted a lot of time as a Phi Psi at Franklin & Marshall College.  On the other hand, the fraternity was the locus of my college years, not the college as a whole.  My college world was two blocks from campus... and a world away.

F&M, sometime after I had graduated, withdrew recognition from the 11 frats.  Result?  Most of them simply went underground.  Alums continued to support them.  Our house was turned into the college's "art house."  But alumni got it back and it's Phi Psi again.

Fraternity life meant a lot to me: it made my college experience.  And obviously it has great meaning to many more students, as do sororities for women.  While the availability of booze may be a big factor,  I can't believe that is the only or even main factor accounting for perennial Greek popularity.   The Greek system must provide something that college and universities without them cannot provide to a significant segment of the student population.


Here are a few explanations for whatever they may be worth:

http://collegian.csufresno.edu/2011/08/29/33867/



https://www.psychologytoday.com/blog/the-campus/201109/how-fraternities-and-sororities-impact-students-or-do-they 

http://thefraternityadvisor.com/reasons-why-guys-join-a-fraternity/

http://www.campustalkblog.com/5-good-reasons-to-join-a-fraternity/

Tuesday, June 23, 2015

In the wake of the shooting last Wednesday of nine African Americans in a Charleston chapel...

the president of USC has joined a growing list of notables urging removal of the Confederate flag from a memorial on the state house grounds.
http://www.thestate.com/news/local/article25159591.html
This raises once again the 150-year debate:

Does the flag represent heritage or hate... or both...and should this be decided on a case-by-case basis?

What of First Amendment rights... when a private citizen displays it?  Is it hate speech and can that be censured under our constitution?

And what of this official display of the flag?  Should the voters decide?

And, somehow, I sure, this will all get mixed together with Second Amendment rights, since the shooter is a proclaimed racist.

Is the flag as representative of evil as the swastika?  
I don't think so... but, then, I'm not a black American.

No one except fringe neo-Nazi hate groups reveres Hitler and the Third Reich, which systematically liquidated millions of Jews, Gypsies, homosexuals, leftists, etc.

By contrast, I think many of us admire Robert E. Lee and other Southern "heroes" of the Civil War for patriotism, albeit regionally focused, their bravery, and their resilience.  And yet we abhor slavery.

So how DO you separate heritage from hatred here?  Not as clear cut as banning the swastika, I am afraid.

Monday, June 22, 2015

Why "The Walking Dead" is such a big hit.

It's the same reason that Sweet Briar College will now go on for a while longer.  People apparently love to see the dead reanimated.  In the case of the tiny women's college, its announcement last spring that it intended to shut its doors reanimated its alumna and even got the Virginia attorney general on his feet.  Now, like "The Walking Dead," Sweet Briar will stumble and stagger down the road for an indeterminate time ahead.
http://chronicle.com/article/Joy-Over-Sweet-Briar-s/231043/?cid=at&utm_source=at&utm_medium=en

https://www.insidehighered.com/news/2015/06/22/deal-will-save-sweet-briar-college

http://www.universitybusiness.com/news/va-attorney-general-announces-rescue-plan-sweet-briar-college

But the simple fact is that private higher education is over-populated with over-priced,  often over-rated institutions.  Most now call themselves "universities," even if they only offer a few master's degrees.  ("When everybody's somebody, no one's anybody." Gilbert & Sullivan) A shakeout is inevitable in the non-profit arena, just as it is being forced by the DOE and the DOJ in the for-profit sector.  The sooner we get on with it and hone down to the institutions of genuine quality and financial strength, the better.

Friday, June 19, 2015

Why America needs private higher education.

The Department of Education doesn't seem to think so.  The agency is simultaneously regulating the life out of us while showing little interest in bolstering our financial soundness in this time of crisis.  The Obama administration's money seems to be on the public sector, especially community colleges.  And there certainly is something to be said for that.  I have long advocated that free K-12 education should be extended at least to the community college level:

Education — Civil Rights of the 21st Century

By James Castagnera

From John McCain’s acceptance speech, the line that stuck out for me was, “Education is the civil rights issue of the 21st century.”
He went on to explain that for him that meant offering parents and students a choice among public, private and charter schools. That choice, of course, only has meaning if parents and students have a variety of schools from which to choose and the financial ability to buy into their schools of choice. More broadly, while the GOP presidential candidate is right about education’s central significance in the new century, his simplistic solution hardly scratches the surface.
In many major cities, high school graduation rates hover around 50%. In a few they dip below the .500 mark. This dismal fact ensures the perpetuation of what Karl Marx called the lumpenproletariat, which is to say, the ragged or rabble lower class. And this, in its turn, ensures perpetuation of the drug wars, gang wars and random killings that characterize our inner cities.
Meanwhile out in the land of suburban sprawl, teen obesity, drug and alcohol abuse, and the random shootings that periodically plague our schools all suggest that affluence alone does not ensure successful students. Taken in this context, the issue of education expands to include family issues, such as divorce rates.
Labor policy, likewise, must be included in the mix. One of the great ironies of our new century is that, while millionaire professional athletes have strong labor unions, workers on the bottom rungs of our economy are often as exploited as their 19th century counterparts. Labor organizations, such as the Service Employees International Union, have a hard time organizing these folks, given the lopsided way in which our National Labor Relations Act is interpreted by the federal courts and bureaucrats. Union prevention and union busting are only another cost of doing business for many major corporations, which also outsource what were once the better-paying positions to Asian and Latin American sweatshops.
Immigration policy also must be addressed in any comprehensive approach to American education. The Supreme Court has said that the children of illegal aliens are entitled to attend public schools. The law remains unsettled as to whether or not such students are also entitled to attend public colleges and universities and, if so, whether they are also entitled to in-state residents’ tuition breaks.
More broadly, are immigrants filling jobs that Americans don’t want to do? Or are Americans declining those jobs because of the low wages, lack of benefits, and miserable working conditions? The use of immigrant labor, legal and illegal, at the bottom of the economic barrel perpetuates the conditions that make these jobs unattractive to anyone but immigrant and migrant workers.
Last but not least is the rising cost of a college education. Too many of our young people are graduating with “mortgages” on their diplomas. Inefficiencies plague the higher education industry. Despite being the only major sector of the economy that can call on its past customers —- its alumni—to continue supporting its operations, and despite substantial gifts and grants from donors and foundations, higher education’s tuition rates continue to outpace inflation significantly. Thus, the proliferation of large student-loan debts.
Yes, Sen. McCain (and Sen. Obama), “Education IS the civil rights issue of the 2ist century.” And it is a complex issue, entangled with equally complex and challenging issues of family, labor, and immigration policy.

From The Progressive Populist, October 1, 2008


But there is a role that public education cannot fill.
       Recall the Supreme Court's Garcetti case in which the Supremes said that, when a public employee speaks in his official  capacity, and not as a private citizen, the First Amendment does not protect him.  Observe the attacks in Wisconsin and elsewhere on public-employee unions and professors' tenure.  Public higher education simply can not be entrusted with freedom of speech, academic freedom and the search for truth.  

Nor can we any longer rely on the media, which have shifted from investigative journalism and objective truth telling to corporate hype and infotainment.

Only private higher education offers any hope of serving as the citadels of truth finding and telling.  This, too, is a position I have been espousing for a very long time:
Title:
The role of higher education in the 21st century: collaborator or counterweight? By: Castagnera, James Ottavio, Change, 00091383, September/October 2001, Vol. 33, Issue 5
Database:
Education Full Text (H.W. Wilson)

The Role of Higher Education in the 21st Century 

Collaborator or Counterweight?

The December 8, 2000, issue of The Chronicle of Higher Education reported that an article in the Denver Journal of International Law and Policy, in which the authors had criticized the alleged behavior of Boise Cascade Corporation toward workers in its Mexican facilities, was withdrawn by the University of Denver after the corporation threatened a disparagement and defamation lawsuit.
The report is reminiscent of earlier articles in The Chronicle and elsewhere concerning "slap suits" against academics whose scholarship is critical of corporate interests, and other forms of corporate retaliation against universities that have taken stands against selling sweatshop goods. As the University of Denver's acquiescence suggests, higher education's response to such corporate challenges to age-old principles of academic freedom and social justice has been uneven at best.
The 21st century is no time tot faint-heartedness in higher education. Rather, this should be a time when we champion free speech and social justice, even at the risk of our own prosperity. No one else can do it.
In 1967, John Kenneth Galbraith, in The New Industrial State, postulated a three-legged stool on which the well-being of American society rested: Big Business, Big Government, and Big Labor. These legs kept one another in check, a sort of socio-political supplementation to the political checks and balances outlined in the Constitution. Galbraith's thesis was correct in its fundamental features. But by the 1990s, Robert Reich--in many ways Galbraith's intellectual successor at Harvard--would express his concern in The Work of Nations about the failure of that balance, due to the shift from a manufacturing to a services economy and the decline of organized labor.
When Galbraith was writing, in the 1950s and 1960s, labor represented one in three American workers, and a typical American CEO took home 40 times the salary of the worker on the shop floor--a sum that, when reduced by our steeply graduated income tax, amounted to only 12 times the worker's wages. By 1988, the number of unionized workers in the private sector had fallen to one in 10, and CEOs were enjoying 70 times more after-tax income than average workers.
In this brave new world, Reich concluded, the information manipulators--in his terms the "symbolic analysts"--are the dominant subspecies. Indeed, this is true even within the labor movement: The most prominent private-sector unions in America are those representing professional athletes and entertainers. Whatever happened to Cezar Chavez? Today's big name on the border is NAFTA.
Let me suggest that higher education should aim at filling the vacuum left by Big Labor in Galbraith's construct of The New Industrial State. Its capacity to serve as a countervailing force will rest on one or more of the following features of the contemporary university:
• Vastly increasing endowments, as we see developing at the Ivies and universities of analogous high quality and prestige;
• Expanding geographic reach via multiple campuses--for example, Penn State's 1997 upgrade of 14 of its regional campuses from two- to four-year colleges;
• Direct competition with the for-profits, such as the University of Phoenix, in the distance-education market, which is being more or less successfully attempted by some large universities and systems; and
• Consortia of small colleges, and/or small-college affiliations with a larger (possibly "hub") institutions, a strategy being pursued, for instance, by a group of small Catholic colleges in eastern Pennsylvania.
This suggestion and list of features, of course, conjure memories of the critique of the "megaversity" that emerged from such works as C. Wright Mills's The Power Elite. Admittedly, "mega" is a part of what higher education must be if it is to be a co-equal member of the triumvirate upon which 21st-century American society will rest. The small, independent college will not be able to play this role except where it is unusually well endowed or affiliated with a major religion or consortium.
If higher education is to perform the crucial task I have proposed for it in 21st-century America, it must take a page from the history of organized labor in the unions' heyday. Like Big Labor at its zenith, higher education needs to become adept at shifting from the right foot of collaboration with Big Business and Big Government to the left foot of confrontation. It must do this even at the price of lost corporate and government support, and even in the teeth of threatened litigation, when the issue is academic freedom or social justice.
Indeed, many public university systems are striving to build their alumni support and endowments so as to gain a measure of independence from the strings attached to government purses. And many church-affiliated institutions, especially Catholic universities, are returning to their religious roots and for the first time in a long while are publicly celebrating--even marketing--their moral and doctrinal orientations.
What of the prospects of success for higher education in the sometimes-confrontational posture I am proposing? In his sweeping survey in Millennium: A History of the Last Thousand Years, Felipe Fernandez-Armesto says that the monasteries that survived the Dark Ages triumphed only by being needed. They also survived by being distinct from government and the marketplace. The more that colleges and universities morph to match their for-profit competition, the more they incapacitate themselves to act as a counterweight to those other powerful forces.
In a recent article in The Chronicle of Higher Education, Columbia's Arthur Levine listed nine "inevitable changes" that colleges and universities experience in the coming decades, such as competing with "more numerous and diverse" providers of higher education. But the more readily they accept Levine's nine changes as "inevitable" and collaborate in their coming about without carefully considering the merit of each--followed by a conscious decision to accept or oppose it--the less they will be able to function as free agents influencing American society.
As David Halberstam observed in The Next Century, America is more than ever an "entertainment-driven society." A felling example is the contrast between the media coverage of the Vietnam War and the coverage of the Gulf War some two decades later. Stanley Karnow wrote of the 1968 Tet offensive, "After years of viewing the war on television, Americans at home had become accustomed to a familiar pattern of images....The screen often portrayed human agony in scenes of the wounded and dying on both sides....[M]ostly it transmitted the grueling reality of the struggle...punctuated periodically by moments of horror."
By contrast, the Gulf War was quick, high-tech, and portrayed on American television as if it were a video game. Satellite photos were combined with simulations to feed American viewers sanitized images, depicting no more real blood and pain than a quick game of "Space Invaders."
Thus, barbarism passed beyond the merely banal to the visually alluring. The film industry has responded to, and in turn reinforced, its audience's fascination with the visually unusual and compelling. From George Lucas's breakthrough Star Wars films of the 1970s and 1980s to The Perfect Storm last year, special effects--and, increasingly, computer-generated visuals--are at the heart of most blockbuster hits. If it can be imagined, it can be depicted.
This power is potentially hazardous. Severo Ornstein, writing in the journal Computer Professionals for Social Responsibility, points out, "Today the art of simulation has developed to the point that it has become necessary to identify television simulations as artificial, so we won't think we are seeing the real thing....When employed for political purposes, illusion becomes diabolical and deception becomes downright dangerous."
If higher education must differentiate itself from business and government in order to serve as a counterweight to them, one of the fundamental ways it must do so is in adhering to a strict code of truth-seeking and truth-telling. Even if particular institutions of higher learning are unwilling to take unpopular stands on controversial issues, they must share consensus on this code or run the risk of abrogating their claims to being genuine educational institutions. Are we not entitled to expect a higher level of integrity from our universities than we anticipate when we turn on our TVs?
This expectation of integrity means that when universities use the power of technology to lie as governments and businesses do, it seems more scandalous. Witness the University of Wisconsin's embarrassment when it was "exposed" in a Chronicle article on Nov. 24, 2000:
The cover of its new admissions brochure displayed a photograph of happy U.W. students attending a football game at their home stadium--a photograph that turned out to have been doctored. The original picture contained no black faces, but U.W. officials had desperately wanted their admissions materials to reflect a diverse student body. So, using photo-design software, the director of university publications and the director of undergraduate admissions simply asked their staff to add one.
Coming now full circle, let us consider in greater depth the University of Denver's decision to withdraw an article previously published in one of its law reviews, when faced with a major corporation's threat to sue. Let us begin by agreeing, if we can, that the remedy for bad speech is more speech. And let us assume--purely for argument's sake--that the censored article is inaccurate, or even that it is defamatory. What ought the university to have done, or offered to do, in the face of Boise Cascade's threatened legal action? Let us compare what it did do to what Cornell University did when faced with a similar situation.
In 1998, Professor Kate L. Bronfenbrenner of Cornell's School of Industrial Relations was sued by Beverly Enterprises, Inc., one of the nation's largest nursing home chains. Beverly accused the professor of lying about the company's labor relations record to members of Congress and in her published scholarship. Bronfenbrenner reportedly told Democratic Congressmen at a town hall meeting that Beverly had a "long-established record of egregious labor-law violations in the context of union-organizing campaigns." The corporation sued her for defamation. Cornell hired attorneys and successfully defended the suit on its faculty member's behalf.
In the wake of Beverly Enterprises, Inc. vs. Bronfenbrenner, faculty around the country were understandably concerned that "slap suits" would become more common. At Rider University, the American Association of University Professors (AAUP) came to the negotiating table in summer 1999 with a proposal aimed at ensuring that the university would defend any faculty member who was named in any such "slap suit." The university, to its credit, agreed to a new provision in the collective bargaining agreement that will provide such protection, and then obtained the appropriate insurance to cover any such claims.
In short, my contention--which I hope is shared by the great majority of my readers--is that a university must do at a minimum two things to think of itself as a real university: seek the truth and defend those who try to tell the truth under the institution's auspices. Absent a strict adherence to these two baseline principles, an institution ceases to be a university, no matter how many sports teams it fields, how many academic programs it offers, or how many campus amenities its students enjoy. The institution may be an information purveyor or a training school or a research center, but it has forfeited the right to call itself a university.
Now comes the hard part, where I expect that many of my readers and I will part company. For I argue that the two baseline principles outlined above are only that: credentials that qualify an institution to call itself a university. But while a labor union must fairly and vigorously represent its members, a great union will also put its resources at risk in order to organize unrepresented workers. A great university likewise will reach out and actively oppose injustice.
This is not the view of most universities today. Just as many unions have long since circled their wagons, emphasizing preservation of existing power bases over the organization of new constituencies, so too have many--perhaps most--universities taken the path of cautious conservatism. Father Theodore M. Hesburgh, former president of Notre Dame University, wrote in the February 2 issue of The Chronicle,
When I was a college president, I often spoke out on national issues, even when they didn't pertain to academic life. Yet nowadays, I don't find many college presidents commenting on such issues on the front page of The New York Times or in any of the country's other major news outlets. Once upon a time chief executives in higher education talked to the press about military policy in the same breath as the Constitutional amendment for the 18-year-olds' vote, but I wonder whether we hear them taking stands on similar topics now.
Father Hesburgh cites a recent American Council on Education (ACE) report, which concluded, "[T]he vast majority of Americans rarely hear college presidents comment on issues of national importance, and when they do, they believe institutional needs rather than those of the students or the wider community drive such comments." He offers several reasons why this has happened. Among them is "that presidents must play an ever-larger role in raising money for their institutions--and often from supporters who have strong views on what presidents should or shouldn't say to the press."
Today colleges feel free to draw their CEOs from the ranks of development officers, a practice that to my knowledge was almost unheard of even two decades ago. In current searches for college presidents, it seems that the absence of the initials "PhD" after the candidate's name is not necessarily an impediment if the fund-raising record is substantial.
Our students, too, have for the most part been quiet since the tumultuous late 1960s and early 1970s. The 1980s witnessed a rush to law and business schools for JDs and MBAs, then on to the M&A (merger and acquisition) practices of the nation's big accounting, law, and investment banking firms. During the latter half of the 1990s, undergraduates couldn't wait--and sometimes didn't--to establish their own dot-com business ventures.
But as the last decade of the last century of the old millennium came to a close, there were stirrings in at least some of our student bodies. Students at universities across the country became energized--at least temporarily--by the anti-sweatshop movement. Initial corporate responses to these new stirrings of student unrest included withdrawals of sports sponsorships. But these punitive reactions were rapidly replaced by the formation of the Fair Labor Association, an anti-sweatshop consortium consisting of such major manufacturers as Nike and Reebok and some 140 institutions of higher learning.
The Fair Labor Association may be compared by critics to the company unions that proliferated in the early part of the 20th century, before they were outlawed by the 1936 passage of the National Labor Relations Act. The Worker Rights Consortium, a more militant anti-sweatshop organization, operates independently, and--perhaps not surprisingly--has come under fire from corporate members of the Fair Labor Association. Said a Nike spokesman of the consortium recently, "It's just parachuting into a country, conducting a few interviews, and writing a report in a few days. Thorough monitoring involves culling through records, matching up pay stubs, getting a sense of the local practices and culture. There is a lot more involved in auditing and monitoring than what that report represents."
The important point for my purposes here is not whether the Fair Labor Association or the Worker Rights Consortium has got it right about any particular allegation of sweatshop abuses. What matters here is that the two groups appear to be engaged in dialogue and debate about the truth behind such labor-abuse accusations. This is precisely the sort of conversation that is denied to higher education's constituencies when a corporation threatens to sue or to withdraw sponsorship and the targeted institution bows to the threat.
Slowly but surely, however, at least some of America's several thousand institutions of higher education are manifesting a willingness to use their virtual global reach to identify and help address the inequities that proliferate beyond their campus boundaries.
The record to date suggests that such initiatives are not nearly as risky as some may fear. Just as American companies in the 1940s and 1950s reached accommodations with organized labor because they needed the workers represented by those unions, so too does the quick creation of the Fair Labor Association suggest a recognition among apparel manufacturers like Nike and Reebok that they need big-time college athletics. By extension, corporations need our graduates, our scientists, our consultants--in short, our knowledge. Knowledge is capital. As such, it affords us leverage.
Does higher education possess the collective will to exercise that leverage? I do not know. But let me suggest that many big issues of our times cry out for us to demonstrate that will. Father Hesburgh points to affirmative action and "developing education programs that seek to improve the status of women--especially in Asia, South America, and Africa, where many are second-class citizens"--as issues he would address, were he still a university CEO. Women's rights, affirmative action, and the anti-sweatshop movement can all be characterized as battles in a global struggle to end the exploitation of human beings. Environmentalism, community outreach, and health research are related issues on which higher education could also speak out.
A key question in my view is, How will higher education use its global reach and knowledge capital, particularly as those have been enhanced by communication technology, in the 21st century?
To date, the discourse has been a self-referential one, centered on the displacement of traditional classroom teaching by distance learning. To borrow the words of the ACE report, it has focused on "institutional needs rather than those of...the wider community." Much less discussed is the potential for the Internet to make American higher education a force for fair play and human dignity in the international arena. Global reach brings with it global responsibilities. Knowledge is not only capital--it is power. Whether that power will be focused upon the narrow concerns of individual institutions or combined for the good of "the wider community" is a defining choice for higher education.
• Basinger, Julianne. "500 Academics Sign Petition Protesting Lawsuit Against Cornell U. Professor," The Chronicle of Higher Education, March 20, 1998, p. A14.
• Clegg, Roger. "Photographs and Fraud Over Race," The Chronicle of Higher Education, November 24, 2000, p. B17.
• Ebo, Bosah. "War as Popular Culture: The Gulf Conflict and the Technology of Illusionary Entertainment," Journal of American Culture, Fall 1995, pp. 19-20.
• Fernandez-Armesto, Felipe. Millennium: A History of the Last Thousand Years, New York: Scribner, 1995, pp. 56-59.
• Galbraith, John Kenneth. The New Industrial State, Boston, MA: Houghton Mifflin Co., 1967, pp. 262-282.
• Halberstam, David. The Next Century, William Morrow & Co., Inc., 1991, p. 104.
• Hesburgh, Theodore M. "Where Are College Presidents' Voices on Important Public Issues?" The Chronicle of Higher Education, February 2, 2001, p. B20.
• Karnow, Stanley. Vietnam: A History, New York: The Viking Press, 1983, p. 523.
• Levine, Arthur E. "The Future of Colleges: 9 Inevitable Changes," The Chronicle of Higher Education, October 27, 2000, p. B10.
• Mills, C. Wright. The Power Elite, New York: Oxford University Press, 1956.
• Monaghan, Peter, "A Journal Article is Expunged and Its Authors Cry Foul," The Chronicle of Higher Education, December 8, 2000, p. A14.
• Ornstein, Severo M. "Simulation and Dissimulation," Computer Professionals for Social Responsibility, Summer 1989, Vol. 7, No. 3, p. 1
• Reich, Robert B. The Work of Nations: Preparing Ourselves for 21st Century Capitalism, New York: Alfred A. Knopf, 1991.
• Van Der Werf, Martin. "Labor Violations Found at Factory Used for College Apparel," The Chronicle of Higher Education, February 2, 2001, p. A20.
~~~~~~~~
By James Ottavio Castagnera

Thursday, June 18, 2015

And another one bites the dust...

Marian Court College in New England has announced it is shutting down.
https://www.insidehighered.com/news/2015/06/18/enrollment-declines-drove-closure-marian-court-college
You're looking at what will be its last graduating class, compliments of "Inside Higher Ed":
According to the online news medium, the 50-year-old Catholic college, 15 miles from Boston, has a weak fall enrollment and no new sources of funding.

Query: How many more of us are in the same boat?  Time will tell... and it may not be all that much time.

Problem is that many in the non-profit, private-college sector don't believe there is a crisis.  Faculty are loath to teach more.  Administrators are chary about giving up their fat salaries.  We keep building ever bigger, better and costlier amenities to compete with our neighbors.

Meanwhile, aprents don't have the home equity on which to borrow tuition that they had pre-2008.  And confidence in the value of our product is declining as our tuition rates keep climbing.

What the implosion of the for-profit sector means for oversight and loan forgiveness

http://chronicle.com/article/How-a-For-Profit-s-Implosion/230979/?cid=at

The extraordinary demise of Corinthian Colleges, the ITT indictments, and related setbacks in the for-profit sector of higher education signal a game change in our industry.
http://www.huffingtonpost.com/2015/06/15/corinthian-college-debt_n_7565318.html


The scary question for folks like me, who work in the non-profit private arena is "Will we be next?"  Some signals from the Department of Education suggest to me that at best we are on our own, at worst we will see ever greater intrusions into our autonomy.  Heavily regulated by hardly supported may be the new policy in DC.

The attempt to turn all our campuses into mirror images of the criminal justice system, when sexual assault is the issue, is one strong indicator.  Add to that the regulatory upswing that I and other counsel have experienced during the six and a half years of the Obama administration is another.  The drying up of research funding is yet a third.

On the other hand, the DOE's emphasis on gainful employment and competency based education makes perfect sense to me.  Relief for students with heavy loan debts, especially, when they have in essence been defrauded, is highly commendable.

But other regulatory initiatives by DOE and other branches of the federal bureaucracy are over zealous and misguided in my opinion.

Wednesday, June 17, 2015

The Department of Education attempts to define Competency Based Education

https://www.insidehighered.com/sites/default/server_files/files/ED%20letter%20to%20accreditors(1).pdf



Meanwhile on June 16th Secretary Arnie Duncan commented regarding Congressmen trying to block the department's "gainful employment" regs,
“With students across the country reeling from the predatory behavior of failed and fraudulent ‘career’ colleges, it’s truly mind-boggling that House Republicans are still fighting tooth and nail to protect schools that take advantage of students and leave taxpayers with the bill. Make no mistake: a vote for this proposal is a vote to leave students in the dark and taxpayers holding the bag. Both deserve better.”
http://www.ed.gov/news/press-releases/statement-us-secretary-education-arne-duncan-house-republicans-proposing-block-gainful-employment-regulations

Competency based education and gainful employment are linked concepts.  Both DOE initiatives are aimed at ensuring that the education our students receive positions them to launch successful careers.

The last piece of the puzzle in my opinion if free college education for all who are willing and able to undertake it.  This is something that Democrats and Republicans ought to be able to agree on.  Afterall, the GOP answer to all complaints about the growing divide between rich and poor, the imploding of the American middle class, and the persistence of poverty is "education."  Per the late not-so-great President George W. Bush, no child should be left behind.  So put your money, of which you have plenty, where your mouths are.
Minimally?  As Obama has suggested, add free community college to the K-12 public school system.

Combine this with CBE and gainful employment requirements and we just might have a formula for success for the next generation of Americans.



Rachel Dolezal and the issue of self identity

Dolezel, an adjunct professor of Africana at Eastern Washington University, is creating a stir due to revelations by her parents that she is white, when for years she has claimed to be black.  She has also stepped down as president of the local NAACP chapter.
http://chronicle.com/article/Rachel-Dolezal-Case-Leaves-a/230947/?cid=at&utm_source=at&utm_medium=en

She apparently didn't attract much attention until she was asked to be the keynote speaker at the African Studies graduation event.  Then the teacher of such courses as "The Black Woman's Struggle" came under scrutiny.  Facts emerged: she had once pursued a reverse discrimination case against her alma mater, historically black Howard University, for example.

The report that she claims to have been born in a teepee brought to mind another such case, that of Ward Churchill.  A professor of ethnic studies at the University of Colorado-Boulder, Churchill caused a furor after Nine-Eleven with an essay that suggested the victims of the World Trade Center attack had gotten what they deserved.  Quoting Malcolm X, Churchill contended that the chickens had come home to roost.

Churchill was then investigated by faculty colleagues at his university and his scholarship was found to be faulty.  There followed his firing and lengthy litigation.  During all this furor, it came out that his claim of Native America roots apparently was a fabrication.
https://en.wikipedia.org/wiki/Ward_Churchill

Another case also comes to mind, that of the history professor who falsely claimed a Vietnam War combat record.  Dr. Joseph Ellis got himself a ear's suspension from Mt. Holyoke for falsely claiming to his students that he had served in Vietnam when he actually had gotten himself a deferment for grad school and then to teach history at West Point.
https://en.wikipedia.org/wiki/Joseph_Ellis

These three cases appear to be part of an interesting phenomenon.  To me it suggests an exaggerated manifestation of a desire all of us have, who are not rich and famous in our own right.  How many of us have wanted to be a rock star or a best-selling novelist or a Hollywood celebrity.  We pay significant portions of our pay to watch millionaire athletes compete.  We rush to see celebrities and get their autographs or to take a selfie with one of them.

It's not hard to imagine a teacher of history who yearns to impress his students by pretending to have been a part of history.

A bit more intriguing is the scholar of black or Indian history who passionately wants to be identified more intimately with her/his subject matter... who wants not only to teach of their suffering but to be identified with it.

I once had a photographer's mate reporting to me, when I was a public information officer in the Coast Guard, who claimed to have had to turn down an offer from Life Magazine because he has just reenlisted the day before.  This was only one of the whoppers he regularly told me.  I cam to suspect that he might really believe at least some of them.

Professor Dolezel, in my opinion, is one of those folks who carry their desire to be someone else to a delusional extreme.  She joins the lists of famous and infamous impostors,
https://en.wikipedia.org/wiki/List_of_impostors
some of whom have had movies made about them:
http://www.imdb.com/title/tt0053879/

http://www.imdb.com/title/tt0264464/

However, I don't think Professor Dolezel is destined to be portrayed on the silver screen.





Tuesday, June 16, 2015

Obama suffered a set back last week in Congress re: his Pacific rim trade pact.

Score one for the labor unions, as Democrats in the House locked arms with some Republicans to torpedo the so-called TPP free-trade agreement.  
MOst Republicans, however, agree with the President on the trade deal, creating the unusual spectacle of the beleaguered Democratic President allied with his GOP critics.
http://www.bloomberg.com/news/articles/2015-06-16/house-republicans-seek-more-time-to-rescue-obama-s-trade-agenda

The trouble is that Obama, like Clinton before him, seems dazzled by the big money interests.  Clinton repealed the Glass-Steagall Act, which action in no small way made the 2008 Great Recession possible.

Obama for his part compounded this travesty by choosing not to prosecute the Wall Street thieves who walked away with their ill-gotten gains, rather than into jail cells, while leaving both Wall Street and Main Street in a shambles.

As for these free-trade deals, the evidence that they help American workers is mixed at best.  Some industries have benefitted from NAFTA over the last two decades.  And the 100,000 jobs sucked out of Michigan in that time period were lost for many reasons, NAFTA at most being just one.  However, bottom line, I think the unions have good instincts and are correct that the TPP, if enacted, will --- like NAFTA --- result in a net loss of American jobs.

And in 18 months, Mr. Obama, like Mr. Clinton before him, will leave the White House to bask in the heady atmosphere of the the Super Rich.  I can only hope that his legacy, Obamacare, can survive whatever government follows his.

The Colorado Supreme Court rules that an employee who tests positive for marijuana can be fired.

The plaintiff in this closely watched case is a paraplegic who uses medical marijuana to control spasms.  He was fired when he tested positive for cannabis.  His attorneys argued that under Colorado's statute, that protects employees from discipline for legal activities outside the workplace, their client was wrongfully discharged.  The Supremes disagreed, finding that since marijuana use is still  illegal under federal law, the ex-employee was unprotected by the state statute.
Assuming that this decision is influential nationally, it's helpful to employers who may be wondering how they reconcile their states' medical/recreational marijuana laws with the federal Drug Free Workplace Act.  If other courts follow the Colorado lead, then the Drug Free Workplace Act should trump any state laws that run in the opposite direction.

Monday, June 15, 2015

Up a lazy river by the old mill run...

Are the amenities driving up the cost of college?  Knowledgable folks dispute this claim, albeit many universities are in a race to see which can be the best "country club with classes."
https://www.insidehighered.com/news/2015/06/15/are-lazy-rivers-and-climbing-walls-driving-cost-college
    University of Texas Lazy River

But there are some more significant causes:

1.  Significant declines in state funding for both public and private institutions.

2.  The high cost of delivering instruction, especially when tenured faculty teach only 1-3 courses per semester.

3.  The soaring compensation packages of senior administrators.

Just to name three biggies.

Another 800 years for democracy?

Today, the radio tells me, is the 800th anniversary of the signing of the Magna Carta.
https://en.wikipedia.org/wiki/Magna_Carta

According to this Wiki article, 25 barons forced the king to sign the document.

Where are our 25 barons?  Instead, Forbes tells us, we have 400 super-rich AMericans with assets equivalent to the bottom half of the entire nation... 150+ people.

Another 800 years of liberty and democracy?  I don't know that I would be willing to bet on that.  Another 80 years? Hmmm...

Saturday, June 13, 2015

My summer Higher Education Webinars are now available for registration.

https://jamescastagnera.wordpress.com/ned-mcadoo-2/

1.  June 18 --- Student Handbooks

2.  June 23 --- Student Records

3.  July 16 --- Student Disciplinary Policies

4.  July 23 --- Cheating and Plagiarism

5.  August 13 --- Student Safety Issues

6.  August 20 --- Student Disabilities





When does the social scientist become her own subject.

A once acclaimed, now highly controversial, ethnographic study of black men in my hometown of Philadelphia has led to accusations that the ethnographer broke the law herself.
http://chronicle.com/article/Conflict-Over-Sociologists/230883/?cid=pm&utm_source=pm&utm_medium=en
It wasn't very long ago that Boston-based social scientists were caught up in a legal dispute around their refusal to release data gathered from former IRA operatives in Ireland.

I am reminded of the late,great gonzo journalist, Dr. Hunter S. Thompson of Rolling Stone Magazine fame.  Thompson road with Hell's Angels, among other exploits.  He established a new style of journalism that abandoned objectivity for blatant bias that eventually slid into first-person involvement in the story... to eventually becoming the story.


But Thompson was a satirist.  He also was a fabulist who obviously fabricated many of his exploits.  The current editor of Rolling Stone seems to have forgotten this when he published the now infamous story about an alleged rape in a fraternity house at the University of Virginia without ever having informed, much less consulted, the alleged perps.

As one who makes claims of being both a journalist and an academic, 
https://jamescastagnera.wordpress.com/,
I'm deeply saddened to see both of those professions debased by a lust for fame and fortune that tempts to both exaggerations of the truth --- one claim against the spritely young ethnographer in the bullseye here --- and intrusion into the narrative.

As I have written passionately on the role of higher education in the search for and publication of "truth" in this age of virtual reality and CGI:

The Role of Higher Education in the 21st Century 
Collaborator or Counterweight?

The December 8, 2000, issue of The Chronicle of Higher Education reported that an article in the Denver Journal of International Law and Policy, in which the authors had criticized the alleged behavior of Boise Cascade Corporation toward workers in its Mexican facilities, was withdrawn by the University of Denver after the corporation threatened a disparagement and defamation lawsuit.
The report is reminiscent of earlier articles in The Chronicle and elsewhere concerning "slap suits" against academics whose scholarship is critical of corporate interests, and other forms of corporate retaliation against universities that have taken stands against selling sweatshop goods. As the University of Denver's acquiescence suggests, higher education's response to such corporate challenges to age-old principles of academic freedom and social justice has been uneven at best.
The 21st century is no time tot faint-heartedness in higher education. Rather, this should be a time when we champion free speech and social justice, even at the risk of our own prosperity. No one else can do it.
In 1967, John Kenneth Galbraith, in The New Industrial State, postulated a three-legged stool on which the well-being of American society rested: Big Business, Big Government, and Big Labor. These legs kept one another in check, a sort of socio-political supplementation to the political checks and balances outlined in the Constitution. Galbraith's thesis was correct in its fundamental features. But by the 1990s, Robert Reich--in many ways Galbraith's intellectual successor at Harvard--would express his concern in The Work of Nations about the failure of that balance, due to the shift from a manufacturing to a services economy and the decline of organized labor.
When Galbraith was writing, in the 1950s and 1960s, labor represented one in three American workers, and a typical American CEO took home 40 times the salary of the worker on the shop floor--a sum that, when reduced by our steeply graduated income tax, amounted to only 12 times the worker's wages. By 1988, the number of unionized workers in the private sector had fallen to one in 10, and CEOs were enjoying 70 times more after-tax income than average workers.
In this brave new world, Reich concluded, the information manipulators--in his terms the "symbolic analysts"--are the dominant subspecies. Indeed, this is true even within the labor movement: The most prominent private-sector unions in America are those representing professional athletes and entertainers. Whatever happened to Cezar Chavez? Today's big name on the border is NAFTA.
A NEW ROLE FOR HIGHER EDUCATION
Let me suggest that higher education should aim at filling the vacuum left by Big Labor in Galbraith's construct of The New Industrial State. Its capacity to serve as a countervailing force will rest on one or more of the following features of the contemporary university:
• Vastly increasing endowments, as we see developing at the Ivies and universities of analogous high quality and prestige;
• Expanding geographic reach via multiple campuses--for example, Penn State's 1997 upgrade of 14 of its regional campuses from two- to four-year colleges;
• Direct competition with the for-profits, such as the University of Phoenix, in the distance-education market, which is being more or less successfully attempted by some large universities and systems; and
• Consortia of small colleges, and/or small-college affiliations with a larger (possibly "hub") institutions, a strategy being pursued, for instance, by a group of small Catholic colleges in eastern Pennsylvania.
This suggestion and list of features, of course, conjure memories of the critique of the "megaversity" that emerged from such works as C. Wright Mills's The Power Elite. Admittedly, "mega" is a part of what higher education must be if it is to be a co-equal member of the triumvirate upon which 21st-century American society will rest. The small, independent college will not be able to play this role except where it is unusually well endowed or affiliated with a major religion or consortium.
If higher education is to perform the crucial task I have proposed for it in 21st-century America, it must take a page from the history of organized labor in the unions' heyday. Like Big Labor at its zenith, higher education needs to become adept at shifting from the right foot of collaboration with Big Business and Big Government to the left foot of confrontation. It must do this even at the price of lost corporate and government support, and even in the teeth of threatened litigation, when the issue is academic freedom or social justice.
Indeed, many public university systems are striving to build their alumni support and endowments so as to gain a measure of independence from the strings attached to government purses. And many church-affiliated institutions, especially Catholic universities, are returning to their religious roots and for the first time in a long while are publicly celebrating--even marketing--their moral and doctrinal orientations.
What of the prospects of success for higher education in the sometimes-confrontational posture I am proposing? In his sweeping survey in Millennium: A History of the Last Thousand Years, Felipe Fernandez-Armesto says that the monasteries that survived the Dark Ages triumphed only by being needed. They also survived by being distinct from government and the marketplace. The more that colleges and universities morph to match their for-profit competition, the more they incapacitate themselves to act as a counterweight to those other powerful forces.
In a recent article in The Chronicle of Higher Education, Columbia's Arthur Levine listed nine "inevitable changes" that colleges and universities experience in the coming decades, such as competing with "more numerous and diverse" providers of higher education. But the more readily they accept Levine's nine changes as "inevitable" and collaborate in their coming about without carefully considering the merit of each--followed by a conscious decision to accept or oppose it--the less they will be able to function as free agents influencing American society.
TRUTH-TELLING IN THE INFOTAINMENT AGE
As David Halberstam observed in The Next Century, America is more than ever an "entertainment-driven society." A felling example is the contrast between the media coverage of the Vietnam War and the coverage of the Gulf War some two decades later. Stanley Karnow wrote of the 1968 Tet offensive, "After years of viewing the war on television, Americans at home had become accustomed to a familiar pattern of images....The screen often portrayed human agony in scenes of the wounded and dying on both sides....[M]ostly it transmitted the grueling reality of the struggle...punctuated periodically by moments of horror."
By contrast, the Gulf War was quick, high-tech, and portrayed on American television as if it were a video game. Satellite photos were combined with simulations to feed American viewers sanitized images, depicting no more real blood and pain than a quick game of "Space Invaders."
Thus, barbarism passed beyond the merely banal to the visually alluring. The film industry has responded to, and in turn reinforced, its audience's fascination with the visually unusual and compelling. From George Lucas's breakthrough Star Wars films of the 1970s and 1980s to The Perfect Storm last year, special effects--and, increasingly, computer-generated visuals--are at the heart of most blockbuster hits. If it can be imagined, it can be depicted.
This power is potentially hazardous. Severo Ornstein, writing in the journal Computer Professionals for Social Responsibility, points out, "Today the art of simulation has developed to the point that it has become necessary to identify television simulations as artificial, so we won't think we are seeing the real thing....When employed for political purposes, illusion becomes diabolical and deception becomes downright dangerous."
If higher education must differentiate itself from business and government in order to serve as a counterweight to them, one of the fundamental ways it must do so is in adhering to a strict code of truth-seeking and truth-telling. Even if particular institutions of higher learning are unwilling to take unpopular stands on controversial issues, they must share consensus on this code or run the risk of abrogating their claims to being genuine educational institutions. Are we not entitled to expect a higher level of integrity from our universities than we anticipate when we turn on our TVs?
This expectation of integrity means that when universities use the power of technology to lie as governments and businesses do, it seems more scandalous. Witness the University of Wisconsin's embarrassment when it was "exposed" in a Chronicle article on Nov. 24, 2000:
The cover of its new admissions brochure displayed a photograph of happy U.W. students attending a football game at their home stadium--a photograph that turned out to have been doctored. The original picture contained no black faces, but U.W. officials had desperately wanted their admissions materials to reflect a diverse student body. So, using photo-design software, the director of university publications and the director of undergraduate admissions simply asked their staff to add one.
Coming now full circle, let us consider in greater depth the University of Denver's decision to withdraw an article previously published in one of its law reviews, when faced with a major corporation's threat to sue. Let us begin by agreeing, if we can, that the remedy for bad speech is more speech. And let us assume--purely for argument's sake--that the censored article is inaccurate, or even that it is defamatory. What ought the university to have done, or offered to do, in the face of Boise Cascade's threatened legal action? Let us compare what it did do to what Cornell University did when faced with a similar situation.
In 1998, Professor Kate L. Bronfenbrenner of Cornell's School of Industrial Relations was sued by Beverly Enterprises, Inc., one of the nation's largest nursing home chains. Beverly accused the professor of lying about the company's labor relations record to members of Congress and in her published scholarship. Bronfenbrenner reportedly told Democratic Congressmen at a town hall meeting that Beverly had a "long-established record of egregious labor-law violations in the context of union-organizing campaigns." The corporation sued her for defamation. Cornell hired attorneys and successfully defended the suit on its faculty member's behalf.
In the wake of Beverly Enterprises, Inc. vs. Bronfenbrenner, faculty around the country were understandably concerned that "slap suits" would become more common. At Rider University, the American Association of University Professors (AAUP) came to the negotiating table in summer 1999 with a proposal aimed at ensuring that the university would defend any faculty member who was named in any such "slap suit." The university, to its credit, agreed to a new provision in the collective bargaining agreement that will provide such protection, and then obtained the appropriate insurance to cover any such claims.
In short, my contention--which I hope is shared by the great majority of my readers--is that a university must do at a minimum two things to think of itself as a real university: seek the truth and defend those who try to tell the truth under the institution's auspices. Absent a strict adherence to these two baseline principles, an institution ceases to be a university, no matter how many sports teams it fields, how many academic programs it offers, or how many campus amenities its students enjoy. The institution may be an information purveyor or a training school or a research center, but it has forfeited the right to call itself a university.
INSTITUTIONAL ACTIVISM IN THE NEW CENTURY
Now comes the hard part, where I expect that many of my readers and I will part company. For I argue that the two baseline principles outlined above are only that: credentials that qualify an institution to call itself a university. But while a labor union must fairly and vigorously represent its members, a great union will also put its resources at risk in order to organize unrepresented workers. A great university likewise will reach out and actively oppose injustice.
This is not the view of most universities today. Just as many unions have long since circled their wagons, emphasizing preservation of existing power bases over the organization of new constituencies, so too have many--perhaps most--universities taken the path of cautious conservatism. Father Theodore M. Hesburgh, former president of Notre Dame University, wrote in the February 2 issue of The Chronicle,
When I was a college president, I often spoke out on national issues, even when they didn't pertain to academic life. Yet nowadays, I don't find many college presidents commenting on such issues on the front page of The New York Times or in any of the country's other major news outlets. Once upon a time chief executives in higher education talked to the press about military policy in the same breath as the Constitutional amendment for the 18-year-olds' vote, but I wonder whether we hear them taking stands on similar topics now.
Father Hesburgh cites a recent American Council on Education (ACE) report, which concluded, "[T]he vast majority of Americans rarely hear college presidents comment on issues of national importance, and when they do, they believe institutional needs rather than those of the students or the wider community drive such comments." He offers several reasons why this has happened. Among them is "that presidents must play an ever-larger role in raising money for their institutions--and often from supporters who have strong views on what presidents should or shouldn't say to the press."
Today colleges feel free to draw their CEOs from the ranks of development officers, a practice that to my knowledge was almost unheard of even two decades ago. In current searches for college presidents, it seems that the absence of the initials "PhD" after the candidate's name is not necessarily an impediment if the fund-raising record is substantial.
Our students, too, have for the most part been quiet since the tumultuous late 1960s and early 1970s. The 1980s witnessed a rush to law and business schools for JDs and MBAs, then on to the M&A (merger and acquisition) practices of the nation's big accounting, law, and investment banking firms. During the latter half of the 1990s, undergraduates couldn't wait--and sometimes didn't--to establish their own dot-com business ventures.
But as the last decade of the last century of the old millennium came to a close, there were stirrings in at least some of our student bodies. Students at universities across the country became energized--at least temporarily--by the anti-sweatshop movement. Initial corporate responses to these new stirrings of student unrest included withdrawals of sports sponsorships. But these punitive reactions were rapidly replaced by the formation of the Fair Labor Association, an anti-sweatshop consortium consisting of such major manufacturers as Nike and Reebok and some 140 institutions of higher learning.
The Fair Labor Association may be compared by critics to the company unions that proliferated in the early part of the 20th century, before they were outlawed by the 1936 passage of the National Labor Relations Act. The Worker Rights Consortium, a more militant anti-sweatshop organization, operates independently, and--perhaps not surprisingly--has come under fire from corporate members of the Fair Labor Association. Said a Nike spokesman of the consortium recently, "It's just parachuting into a country, conducting a few interviews, and writing a report in a few days. Thorough monitoring involves culling through records, matching up pay stubs, getting a sense of the local practices and culture. There is a lot more involved in auditing and monitoring than what that report represents."
The important point for my purposes here is not whether the Fair Labor Association or the Worker Rights Consortium has got it right about any particular allegation of sweatshop abuses. What matters here is that the two groups appear to be engaged in dialogue and debate about the truth behind such labor-abuse accusations. This is precisely the sort of conversation that is denied to higher education's constituencies when a corporation threatens to sue or to withdraw sponsorship and the targeted institution bows to the threat.
Slowly but surely, however, at least some of America's several thousand institutions of higher education are manifesting a willingness to use their virtual global reach to identify and help address the inequities that proliferate beyond their campus boundaries.
The record to date suggests that such initiatives are not nearly as risky as some may fear. Just as American companies in the 1940s and 1950s reached accommodations with organized labor because they needed the workers represented by those unions, so too does the quick creation of the Fair Labor Association suggest a recognition among apparel manufacturers like Nike and Reebok that they need big-time college athletics. By extension, corporations need our graduates, our scientists, our consultants--in short, our knowledge. Knowledge is capital. As such, it affords us leverage.
Does higher education possess the collective will to exercise that leverage? I do not know. But let me suggest that many big issues of our times cry out for us to demonstrate that will. Father Hesburgh points to affirmative action and "developing education programs that seek to improve the status of women--especially in Asia, South America, and Africa, where many are second-class citizens"--as issues he would address, were he still a university CEO. Women's rights, affirmative action, and the anti-sweatshop movement can all be characterized as battles in a global struggle to end the exploitation of human beings. Environmentalism, community outreach, and health research are related issues on which higher education could also speak out.
A key question in my view is, How will higher education use its global reach and knowledge capital, particularly as those have been enhanced by communication technology, in the 21st century?
To date, the discourse has been a self-referential one, centered on the displacement of traditional classroom teaching by distance learning. To borrow the words of the ACE report, it has focused on "institutional needs rather than those of...the wider community." Much less discussed is the potential for the Internet to make American higher education a force for fair play and human dignity in the international arena. Global reach brings with it global responsibilities. Knowledge is not only capital--it is power. Whether that power will be focused upon the narrow concerns of individual institutions or combined for the good of "the wider community" is a defining choice for higher education.