Sunday, November 30, 2014

Check out my December Webinars: Intellectual Property - Student Handbooks - Drugs and Drinking on Campus

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

Intellectual Property: A Key Asset Institutions of Higher Learning Can’t Afford to Squander

Best For: Higher Education
Date/Time: 12/04/2014, 1 PM Eastern
Duration: Scheduled for 90 minutes including question and answer session.
Presenter(s): James Ottavio Castagnera, Ph.D. and Attorney at Law
Price: $299.00 webinar, $299.00 CD, $399.00 webinar + CD. Each option may be viewed by an unlimited number of attendees in one room using one unique login. CD includes full audio presentation, question and answer session and presentation slides.
Who Should Attend? Administrators, faculty, counsel

The 21st Century has heralded dramatic changes in higher education. In the words of Harvard Business School Professor Clayton Christensen, universities are “on the edge of the crevasse.” Author of The Innovative University, Dr. Christensen means that those institutions that fail to recognize and adapt to the challenges facing our aging industry will be in bankruptcy by the middle of the next decade.

The tweedy world of Mr. Chips in which colleges could afford to tolerate tenured faculty who taught a few days a week and devoted a few office hours to serving their students is a quaint, arcane memory. The tenured faculty represents the most significant investment of every college and university. And if this asset isn’t being used to maximum advantage, then it is a fiscal millstone dragging the institution down.

In addition to effectively deploying the faculty for teaching; research and grantsmanship are also essential. In areas of teaching and research intellectual property issues are paramount. With regard to delivery of instruction, the new technologies that led Dr. Christensen to make his provocative pronouncement require significant front-end investment and substantial ongoing support from the institution. Consequently, traditional, laissez faire customs concerning ownership of intellectual property are obsolete. The university has a vested interest in owning the IP of instructional delivery methods and content.

In the research realm, the artifacts of the creative process − scientific inventions, business and technology processes, and artistic productions − may be invaluable to the organization − provided the institution has a legally enforceable interest up front and a technology transfer function on the back end.

Please join Dr. James Ottavio Castagnera as he guides you through a discussion of the types of IP faculty members are producing and reviews legal and practical steps for your institution to take to protect its claims of ownership.

WHAT YOU’LL LEARN

Just a sampling of the many practical tips you’ll take away:

Review the basics of IP: patents, trademarks, trade secrets and copyrights
Discuss competing rights of tenured faculty and their institutions
Consider essential university policies
Understand contractual considerations and model provisions
Discuss vehicles of technology transfer
Review procedures for partnering with third parties for delivery of instruction
See how to go about protecting the institution’s brand: athletics and beyond
Review the place of government grants in the IP mix
AND MUCH MORE!

YOUR CONFERENCE LEADER

Your conference leader for “Intellectual Property: A Key Asset Institutions of Higher Learning Can’t Afford to Squander” is Dr. James Castegnera. Dr. Castegnera holds a law degree and a Ph.D. in American studies from Case Western Reserve University. Jim brings nearly three decades of experience in higher education to this webinar. Prior to law school he served Case Western Reserve as director of university communication. He went on to teach at the University of Texas-Austin, the Widener University Law School, and at the University of Pennsylvania, Wharton Business School. Currently, and for nearly the past 18 years, he has been Rider University’s associate provost and legal counsel. His diverse duties include risk management, regulatory matters, faculty and student disciplinary cases, litigation management, governance and institutional policies.

He is the author of 19 books, including the Handbook for Student Law for Higher Education Administrators (Peter Lang, 2010, revised edition 2014) and Al Qaeda Goes to College: Impact of the War on Terror on Higher Education (Praeger 2009).

His teaching experience includes continuing legal education courses, MOOCs on the Canvas Network − including “Risk Management in Higher Education: Student Issues” − and presentations at numerous national forums, including the Annual Conference of the National Center for the Study of Collective Bargaining in Higher Education and the Annual Homeland Defense and Security Higher Education Summit sponsored by the Naval Postgraduate School.

EducationAdminWebAdvisor.com QUALITY COMMITMENT

EducationAdminWebAdvisor, a division of DKG Media, LP, wants you to be satisfied with your webinar. If this webinar does not meet your expectations, email us atservice@educationadminwebadvisor.com.

CERTIFICATES OF PARTICIPATION

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Student Handbook: A Crucial Higher Education Risk Management Tool

Best For: Higher Education
Date/Time: 12/09/2014, 1 PM Eastern
Duration: Scheduled for 90 minutes including question and answer session.
Presenter(s): James Ottavio Castagnera, Ph.D. and Attorney at Law
Price: $299.00 webinar, $299.00 CD, $399.00 webinar + CD. Each option may be viewed by an unlimited number of attendees in one room using one unique login. CD includes full audio presentation, question and answer session and presentation slides.
Who Should Attend? Administrators, faculty, staff, higher education counsel

The 21st Century has heralded dramatic changes in higher education. Among them is the transformation of students and their parents into savvy consumers. They are buying a product − a diploma, a certification, a license to practice a profession − and they have many more options in the marketplace than ever before. The product you offer is expensive and your consumers demand that you deliver. Otherwise, at best they’ll go to another institution. At worst, they’ll sue you. Somewhere in the middle, your disciplinary actions may just be subject to challenge, but, even in this situation, without a well written and defensible student handbook in place your institution may find it difficult to defend its student disciplinary decisions.

This new business environment colleges and universities find themselves in demands that the institution’s handbook be a carefully crafted document, designed to deal with the multitude of unpredictable, but inevitable, issues that arise within a community comprised of bright but mostly young clientele.

The student handbook is a crucial piece of the contractual relationship between the institution and its students. As such, it can be a trap that ensnares the institution in a costly legal net. Or it can be a shield, protecting the school and its trustees, officers and employees from lawsuits, as well as publicity debacles. It all depends upon how thoughtfully and effectively the document is crafted − how well the institution’s faculty and staff are trained to use it − and how thoroughly it is integrated into the campus culture. Please join Dr. James Ottavio Castagnera for a review of both the risks and protections which student handbooks are intended to provide and a review of the policies which your student handbook should include.

WHAT YOU’LL LEARN

Just a sampling of the many practical tips you’ll take away:

Review student disciplinary rules and regulations
Understand the role of residence life in enforcing the rules
Know the role of security/public safety in enforcing policies
Discuss the student judicial process: from initial investigation of the charges to appeal of the discipline imposed
Discuss special, highly sensitive topics: harassment, bullying and sexual assault
Understand how academic standards and standing come into play
Discuss academic integrity and honor systems
Consider students’ roles in university governance
Find out how student organizations and activities come into play
Understand how financial obligations and financial aid issues may be affected
AND MUCH MORE!

YOUR CONFERENCE LEADER

Your conference leader for “Student Handbook: A Crucial Higher Education Risk Management Tool” is Dr. James Castegnera. Dr. Castegnera holds a law degree and a Ph.D. in American studies from Case Western Reserve University. Jim brings nearly three decades of experience in higher education to this webinar. Prior to law school he served Case Western Reserve as director of university communication. He went on to teach at the University of Texas-Austin, the Widener University Law School, and at the University of Pennsylvania, Wharton Business School. Currently, and for nearly the past 18 years, he has been Rider University’s associate provost and legal counsel. His diverse duties include risk management, regulatory matters, faculty and student disciplinary cases, litigation management, governance and institutional policies.

He is the author of 19 books, including the Handbook for Student Law for Higher Education Administrators (Peter Lang, 2010, revised edition 2014), which is available atYour text to link… and Al Qaeda Goes to College: Impact of the War on Terror on Higher Education (Praeger 2009).

EducationAdminWebAdvisor.com QUALITY COMMITMENT

EducationAdminWebAdvisor, a division of DKG Media, LP, wants you to be satisfied with your webinar. If this webinar does not meet your expectations, email us atservice@educationadminwebadvisor.com.

CERTIFICATES OF PARTICIPATION

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Campus Drinking & Drug Use: Policies to Ensure Student’s Safety and Avoid Liability
Summary
Thursday
December 18, 2014 at 1:00 PM (EST)
Webinar Price: $199.00
* Includes Proprietary Workbook
Register Now
Alcohol and drug abuse is on the rise on college campuses. The consequences of abuse can have far reaching effects including assault, injury, health problems, and even death. Colleges must have policies in place to protect students, reduce risk and prevent liability. Join us for a live, 60-minute webinar where you and your colleagues will discover:
What must be included in your alcohol & drug policy
Federal & State laws – What you need to know in higher ed
Strategies to implement prevention & wellness programs on your campus
Litigation on institutional liability for alcohol & drug related incidents

Program Highlights
Drinking & Drug Abuse: Critical Polices to Protect Students & Your Institution
What drinking & drug policies must be included in your student handbook
Disciplinary actions for violators- specific guidance for higher ed
Good Samarian Policy- Is it right for your campus?
Federal & State Laws on Substance Abuse: What Institutions Need to Know
What is your institutional liability if an incident occurs on your campus
Legal implications for the offender & the campus when violence occurs
What are the legal rights of self governed organizations on campus
Policy Enforcement: Practical Solutions to Keep Students Safe
Prevention & Wellness Programs – guidance to aid alcohol & drug abusers
Non-drinking activities – programs to implement on your campus
Guidance on drug & alcohol test for student athletes & club members
Examples of legal cases involving alcohol, drugs & the institution
Live Question & Answer Session – Have your questions answered by the expert!
About The Speaker
James Castagnera, JD, PhD
Jim has practiced for 40 years as a communication specialist and attorney, principally in higher education.
He has been a law professor at several institutions, and a communication specialist for the United States Coast Guard and at an R1 university.
He is currently legal counsel at a regionally-ranked teaching university in Central New Jersey. Jim has published 18 books, as well as some 50 professional/scholarly articles and book chapters.
He is a frequent commentator in newsletters, newspapers and magazines, and on the Internet. His teaching has taken him to the University of Texas-Austin, the Wharton School of the University of Pennsylvania, and the Widener University School of Law.
Program Benefits
Join us for this 60-minute webinar to discover drinking and drug polices to keep students safe and avoid liabilities for your campus.

Friday, November 21, 2014

56 Corinthian campuses are going non-profit.

ECMC Group is the buyer.
http://chronicle.com/article/Nonprofit-Group-to-Buy-56-of/150159/?cid=pm&utm_source=pm&utm_medium=en

Say it ain't so, Bill.

Cosby, the poster boy for American family values, stands accused of sexual assault by numerous women.
https://www.insidehighered.com/news/2014/11/21/one-college-distances-itself-bill-cosby-others-stick-him

1986 redux as Obama courts Hispanic vote

The president's latest executive order extends limited legal rights to about half of the estimated 11 million illegal and undocumented immigrants in the U.S.

Back in 1986, the amnesty extended by the new omnibus immigration act that year was supposed to be counterbalanced by enhanced border controls. Nearly three decades later, we have another 11 million illegal residents in the US. Now they too are being slowly but surely legitimized... in the pursuit of votes by the badly bruised Democratic party.

Well, so it is and so be it. Here's what it means for higher education:

http://chronicle.com/article/How-Obama-s-Action-on/150171/?cid=at&utm_source=at&utm_medium=en

Thursday, November 20, 2014

Showdown in California

The Cal system wants to raise tuition. The governor wants more online learning, three-year degrees and competency based credits.
https://www.insidehighered.com/news/2014/11/20/uc-administrators-and-california-governor-clash-over-tuition-hikes

I think the future is with Governor Brown.

Will Obama really roll out a college rating system this?

Many observers doubt it will actually happen.
http://chronicle.com/article/On-College-Accountability/150157/?cid=at&utm_source=at&utm_medium=en

Wednesday, November 19, 2014

Journalist Franceso Sisci on what the US-China climate deal means for the Chinese president

SINOGRAPHv(Nov 19, '14)
Xi proves strong, now comes 'soft' power

The success of a climate deal with the United States now under his belt and the gesture that Asia is "big enough" for both powers bolster Chinese President Xi Jinping's reputation as a strong leader. The next bold step for Xi is to ensure that China increases its "soft power" wisely by converting its hard cash into credit that Asia can use. - Francesco Sisci

it continues at:

http://www.atimes.com/atimes/China/CHIN-01-191114.html

Survey suggests that public colleges use grade inflation and tougher admissions standards to meet benchmarks.

http://ccrc.tc.columbia.edu/publications/unintended-impacts-performance-funding.html

When funding is at stake, game the system?

"Birth of a (Debtor) Nation"

Lumina offers a new film on three key moments in the history of American student loans.
http://chronicle.com/article/3-Key-Moments-in-the-History/150123/?cid=at&utm_source=at&utm_medium=en

Tuesday, November 18, 2014

Professor Amos Guiora proposes a "Drone COurt"

Male drone-fly (Eristalis tenax) (Photo credit: Wikipedia)

Greetings Jim

I trust this email finds you well

Attached please find a proposal regarding the establishment of a US “Drone Court”; the proposal, which I have co-written with Professor Jeffrey Brand, will appear as a chapter in a book edited by Professor Steven Barela (Ashgate, 2015).

In this article Professor Brand and I propose the establishment of a Drone Court to review Executive Branch drone decisions prior to their execution.

That said, we harken back to Chief Justice Earl Warren’s wise words in Miranda v Arizona in which he called on, if not challenged, Congress and others to recommend alternative means to protect those subject to police interrogations. In the spirit of Chief Justice Warren’s entreaty, we are not wedded to the establishment of a Drone Court. Moreover, we do not claim to have all of the answers. We are, however, wedded to the creation of a process that will ensure that U.S. counterterrorism be conducted in accordance with the rule of law and the principles of morality in armed conflict which can effectively and concretely be monitored and measured. In other words, we advocate for the use of drones falling into alignment with the precepts of legitimacy explored in this volume.

We present our proposal in the context of two realities that must be noted for the record. The first reality is that since the horrific attacks on September 11, 2001, the United States has struggled, as it never has in its history, with finding the appropriate balance between the protection of individual rights and the demands of national security. Repeatedly, as we note below, particularly in the area of surveillance, national security has trumped individual rights leading to abuses that have shocked the nation and led to calls for reform. Those abuses have occurred despite the formal existence of institutions intended to maintain the balance of power among the branches of government.

Thus, the Foreign Intelligence Surveillance Court (FISC) was established pursuant to the Foreign Intelligence Surveillance Act (FISA) supposedly to insure that Executive Branch decisions with respect to surveillance were carried out in a way to protect the rights of those surveilled. The reality, however, is that fundamental flaws in the structure of the FISC, detailed more fully below, have turned the court more into a rubber stamp of Executive decision-making than a constitutional buffer between citizens and Executive Branch abuses that FISA sought to eliminate. Indeed, the mere existence of FISC has been cleverly used by the Executive branch to bolster claims that the massive surveillance programs disclosed since 9/11 pass constitutional muster – after all, goes the argument, the FISC said it was OK!

We are under no illusion that the same process might not occur were a Drone Court to be established. It too, if not constructed properly with safeguards to maintain its independence, could be hijacked and used as a shield for abusive Executive decision-making rather than as a sword to insure appropriate checks on the Executive Branch.

The task will not be easy. The lessons learned from past abuses must be incorporated into the Drone Court structure and the Court must have sufficient power to insure that the Executive responds in good faith to the requirements imposed on it. As we make our proposal, we recognize that such a structure has yet to be created in America’s 250-year struggle to find the appropriate balance between individual rights and national security. We believe, however, that if we keep that struggle in mind, along with past dismal failures, we may have the best hope of succeeding in the future. It is with that mindset that this proposal is offered, knowing the perils that may exist, including the misuse by the Executive Branch of a judicial order sanctioning its decision-making in the name of national security.

I hope you find the article of interest/ given the centrality of Drone Warfare to the present conflict with ISIS please feel free to share with others per your discretion

All the best,

ANG

Amos N. Guiora

Professor of Law

Co-Director, Center For Global Justice

University of Utah

S.J. Quinney College of Law

http://www.law.utah.edu/amos_guiora

801-581-4295 (o);216-470-6386 (C);801-581-6897 (fax)

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View my research on my SSRN Author page:

http://ssrn.com/author=495752