Higher Ed Law Prof Blog

The PA Supreme Court's affirmance of the conviction of the King of the Molly Maguires

5 W.N.C. 81, 85 Pa. 127, 1878 WL 13827 (Pa.)

Supreme Court of Pennsylvania.
Kehoe
v.
The Commonwealth.
Oct. 1, 1877.

*1 1. Where several parties unite to make an assault, which results in homicide the acts and declarations of the defendant immediately prior to the assault, what was said in his presence by those acting in concert with him, and what occurred after the attack, are competent evidence.

2. In a trial for homicide it was shown that the deceased was terribly beaten and left insensible by his assailants. He was carried to a house near by, and on the following morning started to his home, about a mile distant, unaccompanied and on foot. About midway to his home he was met by an acquaintance, whom he accosted, saying, “Bill, it is all up with me; I will never get over it;” and then went on to speak of his wounds and how they were inflicted, and from the effects of which he died two days thereafter. Held, that this evidence was properly received as dying declarations.

3. Where one has been convicted of an infamous crime, but not sentenced, and motions in arrest of judgment and for a new trial are pending, he is not a competent witness for another who was jointly indicted for the same offence and granted a separate trial.

4. Where several parties are jointly indicted and separate trials granted, one who has not yet been tried is not a competent witness for either of the others on trial.

5. It seems that when the essential ingredients of murder at common law, or murder of the second degree, under our code, are shown to exist, the burden of raising the grade to murder of the first degree devolves on the Commonwealth.

6. All the ingredients necessary to constitute murder of the first degree were found to exist in this case.

Before AGNEW, C. J., SHARSWOOD, MERCUR, GORDON, PAXSON, WOODWARD and STERRETT, JJ.

Error to the Court of Oyer and Terminer of Schuylkill county: Of July Term 1877, No. 29. Certified from the Eastern District.

Indictment of John Kehoe for the murder of Frank W. S. Langdon. On the night of Saturday the 14th of June 1862, Langdon was severely beaten at Audenreid, in Carbon county, and died from the effect of his injuries, at his house in Schuylkill county, on the following Tuesday. About fifteen years thereafter John Campbell, Neal Dougherty, John Kehoe, Michael McGee, Columbus McGee and John Chapman, were charged with and jointly indicted for the murder. Each defendant demanded a separate trial, which was granted, and Campbell and Dougherty were severally tried and convicted of murder in the second degree.

On the 9th of January 1877, before Pershing, P. J., the trial of Kehoe commenced. From the evidence disclosed therein it appeared that Langdon was what was called a “ticket boss” at a colliery, whose duty it was to see that the coal taken from the mines was clean, and if not, to “dock” the delinquent diggers. By his conduct as such “ticket boss” it seemed he incurred the ill-will of the workmen, and a combination was formed to kill him. Kehoe, it appeared, was party to this scheme, and about three weeks before the fatal occurrence which resulted in Langdon's death had said to Langdon, “You son of a bitch, I will kill you before long, because you are robbing me and robbing the men, by your docking.” It was claimed, however, that this remark was made while Kehoe was under the influence of liquor.

*2 On the evening of the 14th of June 1862, a meeting of citizens was held at Williams's hotel, in Audenried, to make the necessary arrangements for the celebration of the approaching 4th of July. Langdon was active in getting up the meeting. Kehoe was there and seemed bent on creating a disturbance. It was shown that in the procession, previous to the meeting, he had taken a flag from Langdon and struck him with it. He spat upon the flag afterwards, and upon remonstrance being made said, he “would do worse than that before he went home.” From the group where Kehoe stood in the crowd pebbles were thrown on the porch where Langdon was, and upon his making his appearance one of the group said, “If they got the son of a bitch off the porch they would kill him.” In this group were the other defendants jointly indicted with Kehoe. When the meeting closed and the crowd, which was composed of about two hundred people, dispersed, Langdon started for his home. Shortly thereafter a man cried out, “Don't, don't, for God's sake don't, I have had enough,” and the rattle of stones was heard as if thrown against a fence. Witnesses who approached the spot whence these cries came found that Langdon had been violently assaulted, and it appeared that there were six men engaged in the assault, one of whom was identified as Kehoe. These six men were recognised as among those who had disturbed the meeting, and had been seen together several times during the evening. After leaving the hotel, Langdon, it appeared, was first assaulted and knocked down by Campbell, and left insensible on the street. He was again attacked while lying there by a party of men, who cast stones at him, some of them weighing two to two-and-half pounds. After lying a short time Langdon regained his feet and tried to escape, but was again followed, and, as the Commonwealth alleged, was again twice knocked down by Dougherty and Kehoe. Shortly thereafter, when found, Langdon was unconscious and terribly lacerated and wounded, from the effects of which injuries he died three days later at his home in Schuylkill county. When found he was carried to the hotel, and the next morning walked to his home, about a mile distant. Very soon after the occurrence it was in evidence that Kehoe and Dougherty were in a saloon not far from where the assault was made, and that they walked up to the bar and one of them remarked, witness thought it was Kehoe, “that they had just been twenty minutes coming from Beaver Meadows,” which was four miles distant, and that Dougherty had a handkerchief over his eye, and said he met a person on the road with a bottle of whiskey and some of it had got in his eye. William King also testified that he met Kehoe, the morning after the affray, and that Kehoe said to him, “They killed Langdon last night;” that witness said “What?” and Kehoe replied, “The boys gave him a devil of a beating,” or “a hell of a beating, last night.” Shortly after the death of Langdon, Campbell and others were arrested in Carbon county, but the grand jury ignored the bill. No further proceedings were had until these were instituted in June 1876, when a true bill was found against all the above-mentioned defendants.

*3 At the trial it was contended, on the part of the defendant, that the testimony relative to the acts and declarations of Kehoe, prior to the assault upon Langdon, and what was said by others with whom it was alleged he was acting in pursuit of their common purpose to attack Langdon, as well as what occurred after he was attacked, should be excluded, and the refusal of the court to do so constituted the assignments of error from one to five inclusive, and the eighth and ninth. These acts and declarations have been chiefly detailed in the foregoing statement of the case.

When on his way home, the morning after the assault, Langdon was met by an acquaintance named Canvin, to whom he said, “Bill, it is all up with me; I will never get over it.” Canvin then tried to encourage him, and remarked he would get over it; and Langdon again said, “Oh, no!” Upon inquiry as to why he had started home, he repeated what he had before said. The Commonwealth then proposed to have Canvin state what Langdon had said about his injuries and how he was beaten, to which objection was made on the part of the defendant that the declarations which were about to be made were not sufficiently shown to be dying declarations; that Langdon lived two days thereafter, and was at this time able to travel without assistance on his way home, half the distance of which he had then traversed. The court allowed the witness to testify, and this constituted the sixth and seventh assignments.

The witness then proceeded to tell what Langdon had stated, which in substance was that he had been three times assaulted and knocked down.

To contradict the testimony of the Commonwealth, showing that these several defendants, who were jointly indicted, were in company on the evening in question, the defence called Neal Dougherty. The latter had been convicted of murder in the second degree for this same crime, and a motion in his case in arrest of judgment and for a new trial was pending. The Commonwealth objected to the witness as incompetent, because he had been convicted of an infamous crime charged in the indictment against him, which was still pending and undetermined.

McGee was also offered, to whom objection was made, on the ground that he was a co-defendant in the indictment with Kehoe; that he had elected to be tried separately, and had not yet been tried.

Both these objections the court sustained, and they constituted respectively the tenth and eleventh assignments of error.

The fourth and fifth points of the defendant were as follows, to which are subjoined the answers of the court:--

4. If the jury believe the evidence of James Shearer and John Cook, that the defendant, Kehoe, was with them in front of the hotel at the time Langdon was beaten and stoned, and that Kehoe was not present at the beating and did not participate therein, the verdict of the jury should be for the defendant.

Ans. “To this we say, yes, with this qualification; that if the jury find from the evidence, that the defendant, as claimed by the Commonwealth, entered into a combination or conspiracy with the other defendants to procure the killing of Langdon; if he counselled the act or procured it to be done, he would be guilty as an accessory before the fact, although absent at the time of the commission of the crime. If present, aiding and abetting, although he did not strike the blow, he would be equally guilty, in the eye of the law, with those who actually did the beating.

*4 5. If the jury believe that a prosecution against John Campbell and others was commenced in Carbon county shortly after Langdon was beaten, and that Young, Horne and others, who now identify Campbell as the person who struck a blow and felled Langdon to the ground, were present before the grand jury and gave their evidence as they then remembered the circumstances, and that the prosecution failed, the jury may take into consideration such facts in connection with the fact, that from the long time (fifteen years) which has elapsed since the injuries were done to Langdon, that there is a strong probability that witnesses may have forgotten the order of events, the particular time of their occurrence and the persons who participated therein, as well as the identity of those whom they supposed they saw.

Ans. “The facts in connection with the legal proceedings in Carbon county have been stated by the witnesses and are for the consideration of the jury. In affirming that we may observe, as the matter has been incidentally discussed, although it is no necessary part of our instruction to the jury, that at one time when a party was beaten in one county and died in another, it was held that the perpetrators of the crime could not be tried in either county, because in neither was the offence complete. It appearing that Langdon was beaten in Carbon county and that he died in Schuylkill county, the existing statute gives jurisdiction of the case to this court.”

The defendant was convicted of murder in the first degree, and was sentenced to be hanged. He then took this writ, his assignments of error being those heretofore noted.

Were the Molly Maguires synonimous with the AOH?

Did they even exists? Historians and legal scholars differ on the issue to this day.

1. "Making Sense of the Molly Maguires" by UT Austin's Kevin KennyPreview the book.

2. "Pinkerton himself admitted AOH members were quietly murdered."From the Political Science Department of Providence College

3. A middle-of-the-road view from History Net.HistoryNet.com

4. An extensive discussion with photoa and illlustrationsfrom the Crime Library.

5. My fictional take on the controversyNed McAdoo and the Molly Maguires and my non-fiction take.From George Mason University's History News Network

This week's Attorney at Large

Roundup: Media's Take

Jim Castagnera: The Ancient Order of Hibernians: From the Molly Maguires to Malachy McAllister

Source: Carbon County Times-News (12-1-07)

[Jim Castagnera, formerly of Jim Thorpe, is the Associate Provost/Associate Counsel at Rider University. His new novel, Ned McAdoo and the Molly Maguires,” is available at www.lulu.com.]

“What do you know about the AOH?” I asked my pal Ned McAdoo during one of our regular Friday lunches, this one appropriately enough at Maggie O’Neil’s Pub in the Pilgrim Gardens Shopping Center in Drexel Hill.

“Say what?” Ned squinted at me. Being of Irish-American heritage, Ned, I had assumed, would be well-acquainted with the Ancient Order of Hibernians. A little bit of internet research had revealed more than 20 divisions in Greater Philadelphia, including the Dennis Kelly Division in Havertown, where I live and Ned maintains his law practice.

Realizing McAdoo was at a loss, I pulled from my coat pocket a page I’d printed from Wikipedia, unfolded it and read, “The Ancient Order of Hibernians (AOH) is an Irish-Catholic fraternal organization. Members must be Catholic and either Irish born or of Irish descent. Its largest membership is now in the United States, where it was founded in New York in 1836. Its original purpose in the United States was to assist Irish Catholic immigrants, especially those who faced discrimination or harsh coal mining working conditions. Many members had a Molly Maguire background. Its mixture of religion and politics (similar to that of the Protestant Orange Order) has led its critics to accuse it of sectarianism and anti-Protestantism. In historical context, the Order may have emerged in America as a Catholic response to Freemasonry, which the Papacy forbade Catholics from joining.”

“Oh, yeah,” said Ned, before slurping the thin brown head from his pint of Guinness. “Now I remember. Some people claimed the AOH was the Molly Maguires. I ran across that when I helped my old man out with that case of his, when I was just a kid.” I knew Ned was referring to some work that his father Archie, also an attorney, had done to help win Black Jack Kehoe, the so-called King of the Molly Maguires, a pardon. I knew Ned had been only a teenager then. “I haven’t thought much about that in a long time. Why your sudden interest, Seamus?”

I explained that, while attending a funeral up in Schuylkill County last week, I’d run into one of my wife’s cousins. Jimmy Brennan was at the bar in the Middleport Inn, sporting a bright green AOH jacket. Together we’d taught the barmaid to make a White Russian. “I read your column every week,” attested the 76-year-old Jimmy. “Mention me in it sometime.”

“Thus my research into the AOH,” I concluded, as my own pint arrived and we sipped while reviewing the menu. After we’d ordered lunch, Ned picked up the thread. “So.” He asked, “Your research turn up anything interesting?”

I allowed that it had. “The organization is still in the thick of terrorist controversy, much as it was in the 1870s, when the Molly Maguires were arrested, tried and hanged for assorted acts of murder, arson and mayhem.”

“Alleged acts,” McAdoo cautioned me. “Some historians question whether the Mollies even existed or whether they were a concoction of the coal barons to nip Irish unionism and political power in the bud… not unlike the more recent claim that Saddam Hussein was in bed with Al Qaeda,” he added. “Hey, you’re not telling me the AOH is involved in the War on Terror, are you?”

No, I said. More predictably, the national organization, according to its web site [www.aoh.com], currently was championing the cause of a former IRA man, who fled Protestant death squads in 1988. “The Department of Homeland Security is apparently trying hard to deport one Malachy McAllister and his family from the U.S.” According to McAllister’s own web site [http://www.mcallistercampaign.com/about.htm], “The McAllisters are a Catholic family from the Lower Ormeau Road area of Belfast in the north of Ireland, who have been seeking political asylum in the United States. Malachy and Bernadette McAllister and their four children fled Belfast in 1988, after narrowly escaping an assassination attempt by pro-British Loyalists. Following weeks of evidence by some of the foremost authorities on the conflict in the north of Ireland, the trial judge found that the McAllisters had suffered severe persecution as a result of the attack on their home, ritual intimidation and abuse from the British security forces, public humiliation by those forces and a lifetime of discrimination. The judge awarded political asylum to Bernadette and the McAllister children, but ordered Malachy deported to face the same dangers, because he had served a prison sentence for fighting back against his persecutors.”

“So how does the AOH fit in?” queried Ned.

“For one thing,” I replied, “the web site supports a telephone campaign.” I pulled more paper from my pocket. The form I smoothed out on the table read, “Malachy McAllister and his two youngest children are facing deportation when the suspension of their order of removal expires in September. They have been advised that a private bill in the Senate would be their only hope to remain in New Jersey with the older McAllister children and their families.

Please call [Senator Frank Lautenberg’s] New Jersey Office at 973-639-8700 and his DC Office at 202-224-3224 and leave the following message:

My name is ________ I am calling from _________

I am calling to ask for Senator Lautenberg's support to prevent the deportation of Malachy McAllister and his children Sean and Nicola. Please, Senator Lautenberg introduce a private bill in the US Senate that would grant permanent resident status to this deserving family. Thank You.”

As Ned read, a bemused smile crossed his face. “Well,” he finally said, “Old Black Jack Kehoe, King of the Mollies, would be proud.”

Posted on Thursday, November 22, 2007 at 6:48 PM | Comments (0) | Return

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since 2004.Chart

How many alcohol-related deaths occur on campuses?

Is it a handful or more than a thousand annually? Does anyboy really know?From Youth Issues

What Killed Patrick McGrath?

Washington College press release

A Mom in New York plans a $25mil MRSA lawsuit

From Newsday

Oh, Lord, have MRSA!

Nasty variety of strep has begun poppingf up on college campuses. See, e.g., Binghampton newspaper.

Public Health and the Educated Citizen

Call for Applications

The Educated Citizen and Public Health
An Undergraduate Curriculum Development Institute

The Association of American Colleges and Universities, in partnership with the
Association for Prevention Teaching and Research, is pleased to announce the next
phase of The Educated Citizen and Public Health
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members create coherent undergraduate curricula that engage students with the
world's major questions through the lens of public health.

Faculty and administrative teams from as many as 48 colleges and universities (both
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Aspbergers on Campus

From the Chicago Sun Times

No Child Left Behind

“No Child Left Behind” and IDEA may be raising expectations of college-bound Tourettes and Aspbergers sufferers
By
James Ottavio Castagnera
Special to Disability Compliance for Higher Education
Under the federal “No Child Left Behind” (NCLB) law and the Individuals with Disabilities Education Act (IDEA), children with Tourettes and Aspbergers syndromes often are being mainstreamed into traditional K-12 classrooms. Both conditions bring with them, to widely varying degrees from child to child, the potential for disruptive behavior. In conversation with one teacher in a Greater Philadelphia elementary school, I was told that, “When you see a class of kids walking down a hallway these days, it’s common to see four or five adults accompanying them,” She added, “Look inside a typical classroom and it almost looks like a PTO meeting, there are so many aides involved in handling the so-called ‘mainstreamed’ children with Aspbergers and similar disorders.”
Often, she informed me, these children are in fact highly disruptive, making the difficult job of teaching children even more daunting, perhaps at times impossible, for the typical classroom teacher. But try removing such children from the classroom setting, and a lawsuit will likely be the parents’ response to the struggling school district.
In preparing this column I learned of one beleaguered teacher telling her colleagues, “Look, I know ‘Joey’ should be retained. But I don’t want any second grade teacher to have to go through what I’ve been through with him this year.”
The costs --- financial and emotional --- of implementing “No Child Left Behind” and IDEA, and the controversy about their efficacy, like these laws themselves, are not going away any time soon. Meanwhile, the Joeys and Janies being pushed through the K-12 system with these conditions are coming our way. Some are on campus already. Many times their parents demand the same level of services their children received during their first 12 years of education. They also often demand a high level of institutional and fellow-student tolerance for anti-social and disruptive behavior. What accommodations are really reasonable is often a tough call for disability-service professionals and faculty alike.
Even Aspberger and Tourettes sufferers themselves may have difficulty deciding which accommodations to seek, as explained by writer Mitzi Walsh on the Tourettes Syndrome Association’s website [http://www.tsa-usa.org], “Talking about classroom accommodations does bring up one knotty problem,… your level of comfort in revealing that you have TS. For many people, there’s no choice. Their tics are loud or easily visible, and it’s surely better to explain that it’s a medical issue than to let others come to ill-informed conclusions. If your tics are relatively minor, however, or if they are well-controlled with medication for now, you do have a choice. It’s a decision only you can make.”
On August 3, 2006, the U.S. Department of Education announced final regulations aimed at enforcing IDEA Part B, which includes Tourettes and Aspbergers in its purview. “This is a tremendous victory,” crowed Board Chair Monte Redman of the Tourettes Syndrome Association. Under the new regs, Tourettes sufferers are classified as “Other Health Impaired.”
How the IDEA classifies a condition can significantly impact the levels of support services, as well as the classroom placements, of those burdened by the condition. Tourettes students have frequently been classed in the “Emotionally Disturbed” category for NCLB and IDEA purposes, resulting in treating them primarily as behavioral problems. The reclassification under the new regs will enable even more “children with TS to remain in the general education setting,” according to a press release from the Tourettes Syndrome Association.
Whether this outcome is best for Tourettes and Aspberger children and/or for their “normal” classmates, it guarantees that more such students will be college-bound, since experts identify absence from the mainstream in K-12 as a major impediment to college matriculation for such students.
Will such students, if disruptive in college classrooms, require special consideration in light of this reclassification?
Very little legal precedent is available for guidance. A decade ago Boston University won a jury verdict in a widely-observed and publicized case brought against it by a young women who withdrew for medical reasons and was subsequently denied readmission. The medical withdrawal was occasioned by side effects of her Tourettes medication. The faculty of the university’s Simmons College had found her unfit for readmission to continue with its social-work program.
Given advances in medication and advances in the law, Tourettes and Aspbergers may be on the cutting edge of a disabilities issue ripe for revisiting by federal agencies and the courts.

Swarthmore to Uncle Sam:

We'll make the campus more accessible.From the Philadelphia Inquirer

US joins veterans' lawsuit for access to U. Michigan's "Big House"

Caase has become a national cuase celebre. Herewith the university's retort to the DOE.Open letter to Uncle Sam

From Russia with blood?

UW-Madison Russian-scholar poisoned, mugged and dumped while in Russia... now home. Newspaper account

The new issue of the Greentree Gazette ezine

November 20, 2007

Boosting Student Achievement in Math and Science
In an effort to reverse the declining number of U.S. workers in the science,
technology, engineering and math and engineering (STEM) fields, the National Science
Foundation has launched several initiatives to strengthen and reform math and
science education. The Math and Science Partnership is onesuch.

Mistake of the Week
Don't leave your exercise routine home when traveling
Don't stop your fitness efforts, even when travelling. Here are a few tips from
travel writers and web sites.

Turning Fundraising Inside-Out
Mini campaigns get a boost from outsiders
Leonard Iaquinta, director of major gifts at the University of Wisconsin, Parkside,
explains the course followed by his university to involve outsourcing in a campaign
after a number of successful in-house efforts. Part 2 of a series.

Expand your lender list instantly
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"Total destruction of a planet!"
Remember Intellivision?
Mattel released the graphically superior Intellivision in 1979 to take on Atari in
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James Bond does financial aid.
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Thanksgiving by the numbers
How many turkeys does it take to make a holiday?
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Census Bureau

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The five U.S. cities with the most culinary schools are:
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2. Chicago, IL 21
3. Austin, TX 12
4. St. Louis, MO 12
5. Los Angeles, CA 12
Source: Idearc Inc.
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An audio program on campus presidential-politics

From the Chronical of Higher Education

A Latz Negotiation Column

November 20, 2007

James-

Hope you enjoy my November Business Journal Negotiation Column.

Don`t Cut To The Chase Without Doing Proper Homework

By Marty Latz

"Can`t we just cut to the chase if we know where the parties usually end? It`s a
colossal waste of time and money to do the dance."

As my regular readers know, I usually recommend the dance.

First, most negotiators truly haven`t done their strategic homework and don`t have
sufficient information about their offer-concession patterns to accurately evaluate
where they will end up.

Second, even if the pattern is clear, your dance can make a significant difference
in your result.

Third, the give-and-take process has a psychological value. Regardless of an item`s
objective value, both sides may need to see and feel the other side give up
something significant to accept the result as "fair."

Finally, it`s tough to undermine parties` expectations of the dance. You might say
"Look, I can start at 10 and you can start at 1, but we both know we will end up at
5.5. So let`s save us both time and money and go directly to 5.5."

The problem: Most counterparts figure your statement is just the empty rhetoric
everyone says when they make a first offer.

So can or should you cut to the chase? Sometimes -- but it`s risky. Of course, it
might be worth it if looks like a long dance with little upside potential.
If you`re inclined to give it a shot, consider these factors:

1. Do your strategic homework.

Make sure you have researched what typically occurs in your context, and there is a
fairly ascertainable end point. The more objective and predictable the result, the
more likely a "cut to the chase" strategy will work. Vice versa, too.

Let`s say you`re in a Middle Eastern market looking for an allegedly rare artifact.
There, the typical negotiation pattern includes a lot of back-and-forth. And it`s
extremely difficult to objectively predict the final price. I would rarely recommend
a "cut to the chase" strategy there.

2. Aggressively stick to independent standards.

Aggressive, consistent use of independent standards can lessen our expectations of
the dance. Such standards may include market value, precedent, tradition and policy.

Let`s say I want to buy some undeveloped land outside town to build a retirement
community. And last month, the farmer-owner sold an adjoining parcel to a home
builder at an excellent price.

I might offer the same price per acre to that farmer and explain its fairness by
referencing the previous sale as evidence of its market value. The more I defend my
offer`s fairness with that standard, the more likely the farmer will not expect an
extensive dance.

3. Use a more efficient process that still gives psychological value.
The exponential growth of mediation as an alternative to litigation and to direct
party-to-party negotiations provides a perfect testimonial for those looking for
more efficiency. And, critically, mediation still provides the psychological value
of the typical back-and-forth process.

In mediation, an independent third party is asked to help the two parties involved
to reach agreement and, among other things, to orchestrate the back-and-forth
process within a fairly condensed time frame.

One critical advantage of mediation is that most parties go into it already
expecting to do the dance within a short time.

Other procedures that also may help do this more efficiently and provide a
psychological benefit include organizing an in-person party-to-party meeting at the
start of the offer-concession stage, or credibly imposing short deadlines that will
condense the offer-concession stage into an atypically short time frame.

4. Build a "straight shooter" reputation.

The problem with "cut to the chase" statements early on is that most recipients
don`t believe they`re true.

This expectation can be countered by a well-known reputation as a credible straight
shooter who just doesn`t do the dance.

But for this to work, the straight shooter has to consistently not do the dance, and
their counterparts must be able to confirm this independently. And even then, the
straight shooter`s counterparts may not feel psychologically satisfied given the
lack of the back-and-forth process.

So, should you cut to the chase? I`ll give you a great lawyerly answer: It depends.
And while this answer doesn`t cut to the chase, it`s better to be accurate and
effective than just to be fast and get the deal done.

Marty Latz is the founder of the Latz Negotiation Institute, a national negotiation
training and consulting company and the author of Gain the Edge! Negotiating to Get
What You Want: www.gaintheedge.com

He can be reached at 480-951-3222 or at mailto:Latz@NegotiationInstitute.com.

To order Marty`s new book, Gain the Edge! Negotiating to Get What You Want, click or
paste this link into your browser:
www.GainTheEdge.com

For FREE negotiation advice:
www.negotiationinstitute.com/contact.aspx and click on "Columns"

Latz Negotiation Institute (LNI)
Customized Training. Seminars. Consulting.
6242 East Shangri La Road
Scottsdale, Arizona 85254
w. 480.951.3222
f. 480.951.3224
e. Latz@NegotiationInstitute.com
www.NegotiationInstitute.com

What does JoePa take home?

PA Supreme Court sez Penn State must disclose Joe Paterno's comp package.PA Supreme Court Decision

With yet another shooting, lessons from the past, Part 1

From the Greentree Gazette

With yet another shooting, lessons from the past, Part 2

From the Greentree Gazette

With yet another shooting, lessons from the past, Part 3

From the Greentree Gazette

With yet another shooting, lessons from the past, Part 4

From the Greentree Gazette

Violence and College Students

A Generation of Fragile Fighters
By
Jim Castagnera
Attorney at Large
They fight with one another. They mutilate themselves. Sometimes they even commit suicide. The Greentree Gazette, a higher education magazine for which I write, recently called them “The Fragile Generation.” A competitor, the Chronicle of Higher Education, two weeks ago asked in a cover story “Are We Facing an Epidemic of Self-Injury?”
Both publications were referring to today’s young men and women of high school and college age. At Springfield Township High School in suburban Philadelphia a young man --- reportedly a model teen --- walked into the building, shot off a burst or two from an AK-47, then turned it fatally on himself. Described as an Eagle Scout, a volunteer firefighter and an “All American Boy,” the 16-year-old was apparently upset about declining grades. His solution: to pack his father’s assault rifle into a duffle bag and set yet another school tragedy in motion.
The question of why any father outside of Iraq owns an AK-47 aside, the boy contributed to a grim statistic. Suicide is the third most frequent cause of death among America’s 15-24 year-olds, according to the American Academy of Child and Adolescent Psychiatry. It’s the number two cause of death among college students. Teen suicides have tripled since 1965, now totally about 5,000 annually.
At least one source I consulted estimated 30-50 times as many attempts as successful suicides. This statistic is a tough one to verify. For one thing, what looks like an attempted suicide may be a cry for help. So many young people have engaged in cutting, burning or otherwise mutilating themselves that the phenomenon has its own label and acronym: self-injurious behavior, i.e., SIB. A Princeton University survey of some 3,000 randomly selected students found that 17 % --- almost one in five --- claimed to have purposely injured themselves with such things as safety pins, cigarettes, razor blades and scissors. Three-fourths of this group told the researchers they’d done it more than once. Someone with SIB is commonly called a “cutter.”
Just for the record, boys are more likely to go the whole nine yards, taking their own lives, while SIB is predominantly a chick thing.
Boys, of course, are also more likely to fight. Ever since the film “Fight Club” hit the silver screens in 1999, the weird phenomenon it postulated has become an underground pastime. The earliest reference to a campus fight club I can find comes from the May 21, 2000, edition of the London Independent. Under the byline of one Andrew Gumbel, writing from LA, the article claims, “Monday nights can be pretty uneventful in Provo, Utah, in the heart of America's Mormon country. Unless, that is, you join Fight Club. For several weeks, testosterone-laden young men from Provo's two universities, Brigham Young and Utah Valley State College, have been meeting in secret, stripping to the waist and pummeling each other senseless to the cheers and yelps of their peers. At first they met in college dorms, staging fights as a natural extension of initiation rites, but when the crowd reached unmanageable proportions they moved to parks, warehouses - anywhere they could inflict bruises, draw blood, and be noisy without drawing too much attention.” Fight clubs persist; I learned of one flourishing at a New Jersey college just last year.
So what’s gone wrong? Some educators say that students spend too much time relating to machines and with one another via machines. They grow up lacking social skills. Dr. Jean Twenge, author of “Generation Me,” has more than mere anecdotal information. She spent 13 years analyzing a dozen studies, spanning six decades, and including about 1.3 million youngsters. According to the Greentree Gazette, “Her analysis uncovered significant differences between the generation that is currently under 35 and earlier generations in America. With its many labels --- Generation Me, the Millennials, the Fragile Generation, the Strapped/Debt Generation --- these young men and women have been and are still being reared by parents who encourage them to ‘be yourself.’ Their school system aimed to build self-esteem and high expectations about their futures. No surprise that this generation, compared to earlier ones, scores high in narcissism or excessive self-focus.”
So, says Greentree, when self-importance and inflated expectations collide with reality on the campus or in a job search, anxiety and depression often follow. And what do anxious, depressed people do? Well, I guess they either hurt themselves or the folks around them.
If that’s so, the implication is staggering: our kids are being killed by our kindness. They are the potential victims of our society’s unprecedented success. In future blogs we’ll explore some of the legal implications of these phenomena.

Yet another shooting spree

This time a University of Chicago grad student is the victim.From the Chicago Tribune

Homeland Security requires colleges to report dangerous chemicals

See DHS final regs in the Federal Register.

New approach to stem cell production could solve ethical issues

From the Journal CELLand the Journal SCIENCE.

If you do business or practice in Arlington, TX, they want your input

The following survey is an important component of a branding initiative for the the
City of Arlington, TX.

As someone who is familiar with doing business in the Dallas-Fort Worth area, your
input in this process is vital in helping Arlington understand how others view the
city as a place to do business.

The survey only takes 3-4 minutes to complete.

The link below takes you to the short survey:
http://www.surveymonkey.com/s.aspx?sm=ykDi6jHGY2F2IS1JPEbBig_3d_3d

As we recognize that your time is valuable, thank you in advance for your
participation!

City of Arlington, TX
www.ci.arlington.tx.us

EU marks Children's Day

EU Vice-President Frattini Marks Universal Children's Day

Universal Children's Day was established by the United Nations to promote the
well-being of children around the world and is celebrated annually on November 20,
the day on which the United Nations General Assembly adopted the Convention on the
Rights of the Child in 1989. On this occasion, EU Vice-President Franco Frattini
today emphasized the need to secure and strengthen basic rights for all children.

"Today we celebrate the 18th anniversary of the Convention on the Rights of the
Children," said Vice-President Frattini. "The European Commission joins in,
highlighting the importance of this Convention and reaffirms its commitment to
protecting the rights of vulnerable people such as children, and has resolved to
place the Rights of the Child as one of its main priorities."

MORE: http://www.eurunion.org/newsweb/HotTopics/HumanRights.htm

Call for Papers on the African Diaspora

On Fire!!

A Literary Journal of the African Diaspora

Vision Statement: On Fire!! aims to be the premier college literary journal of
the African Diaspora that maintains and also elevates the creative standards for
contemporary, literary art.

Mission Statement: On Fire!! affords an opportunity for writers and artist to be
published in a contemporary journal worthy of mass-market retail, offers a
supportive community for literary artists on Rider’s campus and provides a
connection to writers and literary journals from colleges/universities both
nationally and internationally.

Description: On Fire!! , a literary journal of the African Diaspora, inherits the
legacy of literary excellence established by the writers of the Harlem Renaissance
of the 1920’s-1930’s and bolstered by the Black Arts Movement of the
1960’s-1970’s. As a concept, On Fire!! was inspired by its predecessors,
Fire!! (1926), the first Black literary magazine published in the United States, and
Black Fire (1968), a ground-breaking, critically-acclaimed anthology featuring
American writers of African descent. In that tradition, On Fire!! carries the
flame and aims to provide a forum for contemporary, artistic exploration by
presenting and publishing prolific works of literature. The journal offers an
engaging mixture of poetry, prose, essays, fiction, non-fiction, visual art,
photography, plays and interviews that promises to be an electrifying literary
experience for the reader.

What We Are Looking For: On Fire!! i s a literary journal devoted to creative
work by and critical studies of work of the African Diaspora. The journal is
seeking written and visual works that challenge and raise the literary levels of
artistic exploration and excellence (works that invoke, provoke and excite). Of
particular interest are uniquely-angled items that speak of life’s extraordinary
pains and truths. Accepted submissions include: poetry, prose, essays, fiction,
non-fiction, interviews, visual art, photography, monologues and one-act plays.

SUBMISSION PROCEDURE :

What We Are Looking For: On Fire!! i s a literary journal devoted to creative
work by and critical studies of work of the African Diaspora. The journal is
seeking written and visual works that challenge and raise the literary levels of
artistic exploration and excellence (works that invoke, provoke and excite). Of
particular interest are uniquely-angled items that speak of life’s extraordinary
pains and truths. Accepted submissions include: poetry, prose, essays, fiction,
non-fiction, interviews, visual art, photography, monologues and one-act plays.

SUBMISSION PROCEDURE : SUBMISSION PROCEDURE :

Rider students, staff and faculty must submit works from their Rider email account.
Any works not submitted through a Rider email account will not be accepted. All
literary pieces must be sent in Microsoft Word. You may submit up to five titles
(each having an 8” x 11” page maximum of 6 single-spaced or 12 double-spaced
pages) along with:

1. Cover letter (including name, mailing address, telephone number and e-mail
address.

2. Short biography (five lines or so that will be published in the
journal; you may wish to include the name of publications wherein you’ve been
published, titles of books authored, where you’ve performed, occupation, hobbies,
etc.).

3. Name must be included on every page of each submitted title.

4. Simultaneous submissions are acceptable. Previously published
works are acceptable if notification is given in the cover letter and includes
both the name of the publisher and publication.

5. You may publish anonymously and pseudonymously.

6. Artwork should be submitted as prints or slides. Photos should
be submitted as 4 x 7 or larger prints (nearly all photos appear in journal in black
and white).

7. Note: you do not have to be of African descent to submit, but your
work must be in regards to the African Diaspora.

Featured categories include:

1. Hip-Hop Conversations – poetry, prose, drama, fiction,
non-fiction, essays and interviews pertaining specifically to the Hip-Hop generation
and Hip-Hop culture.

2. Stoop Talk – poetry, prose, fiction, non-fiction and interviews;
this section is strictly for works that have attitude, are of unique personality and
are particularly edgy.

3. Did You Know? – interviews and/or highlights of Rider University
students or staff members that allow the reader to get to know the Rider community;
this section serves as a way for the Rider community to become familiarized with
itself.

4. Limelight: It ’ s Showtime! – poetry, prose, drama,
fiction, non-fiction, essays and interviews that highlight and/or pay tribute to
artists of the Harlem Renaissance and the Black Arts Movement; this section was
created to pay homage to Fire!! and Black Fire

5. Real Talk: Social and Political Issues - poetry, prose,
non-fiction, essays and interviews regarding current social and/or political issues,
both national and international.

6. Art! Works! - visual art and photography; works must be focused on
the African Diaspora.

On Fire!! is scheduled to be released annually on April 1 and will be accompanied by
a showcase comprised of featured poets and writers performing their published
contributions to the journal.

SUBMISSIONS ACCEPTED: November 20, 2007 - January 15, 2008

ACCEPTANCE NOTIFICATION: March 2008

PUBLICATION DATE: April 2008

Please forward all submissions and inquiries to:

Robeson@rider.edu

A NAFSA Webinar

NAFSA presents a webinar on:

Building Support for International Education on Your Campus

Date: December 3, 2007

Time: 12:00pm-1:00pm (Eastern Standard Time)

Interested in ways to gain campus support for international education?
Hear the experiences of four participants in NAFSA's Academy for
International Education as they share insights, reflections, and lessons
learned about building support amid change, challenges, and competing
objectives.

You will learn how to:

* Map your institutional structure and its key stakeholders.

* Identify allies, secure stakeholder buy-in, and develop new
partnerships on campus and in your community.

* Network with potential partners.

* Prioritize key roles and responsibilities, and take initiative
on those most likely to be effective.

Audience:

This webinar is designed especially for those in one-person or small
international education offices.

Presenters:

Maria Conzatti, moderator

Associate VP for Academic Student Services

Nassau Community College, New York

Bonnie Bissonette

Associate Dean, Business and International Education

Northcentral Technical College, Wisconsin

Chaudron Gille

Director of Special Programs

Gainesville College, Georgia

Jared Meier

Coordinator of International Admissions

Mesa State College, Colorado

Registering for this event is free of charge. Space is limited. Click
here to Register now and secure your spot!

This program is made available through funding from the Bureau of
Educational and Cultural Affairs of the
United States Department of State, under the authority of the
Fulbright-Hays Act of 1961, as amended.

Prof/Polster argues immigration is the new affirmative action

From Quinnepiac University

Before outsiders step in...

... Texas Southern takes steps to clean up its act.From the Houston Chronicle

Help battle AIDS

World AIDS Day is December 1st... The theme of this year's worldwide campaign is "Take the Lead – Stop AIDS.  Keep the Promise." Whether or not you plan to be in Boston next week for the Annual HRPP Conference, you can help "take the lead and keep the promise" by buying tickets for PRIM&R's raffle benefiting two highly respected organizations, the National AIDS Fund (NAF) and Broadway Cares/Equity Fights AIDS (BC/EFA) Please do your part to battle this pandemic by helping further their missions to provide AIDS prevention, education, treatment, and services to those affected by HIV and AIDS-related illnesses. One hundred percent of the raffle proceeds will be donated to the two organizations, so please give as generously as possible. View the prize roster here and then "take the lead" by purchasing raffle tickets! There are over 40 raffle prizes and the list is growing every day!  Are you are someone who enjoys contributing to a good cause? How about someone with an interest in visiting London, New York, Florida, or other wonderful places?  Are you a theatergoer?  A tennis buff?  Are you someone who might like to come to next year's Annual HRPP Conference as our guest? Check out our... Exciting trips to London or New York City Stays at hotels around the country VISA gift cards, which can be used anywhere VISA is accepted Scholarships to the 2008 Annual HRPP Conference, and much more! Purchasing Raffle Tickets Is Easy! Raffle tickets are $10 each, or take advantage of our two discount packages by buying six raffle tickets for $50 or twelve for $100!  They are on sale now! You may purchase your tickets in one of three ways: Online; By downloading and faxing this order form; or Onsite at the 2007 Annual HRPP Conference. We encourage you to pre-purchase your raffle tickets online from now until 12:00 Noon on Tuesday, November 27, 2007. All tickets purchased online or faxed to our office will be entered into the raffle by PRIM&R staff, and receipts for online/fax purchases will be e-mailed to the purchaser.  For those conference registrants who would like to pre-order raffle tickets online, your tickets will be with your registration materials when you check in at the Hynes.  All prizes will be raffled off during the conference luncheon on Tuesday, December 4.  You do not have to be registered for, or present at, the conference to win! Winners will be notified via e-mail or telephone by December 12, 2007.  Donate! We are still looking for donations to add to our raffle prize roster! Anything and everything is appreciated—be it apparel bearing your institution's logo, a gift card to a national chain, or an hour or two of a personal service, such as donating your time to mentor or consult with a colleague by phone!  Please let us know if you will be able to contribute, and if so, download this donation form or contact Maeve Luthin.   We love our donors! Thanks to all of our donors, and most especially to Broadway Cares/Equity Fights AIDS and the National AIDS Fund who donated most of our Grand Prizes.  Please visit their websites to learn more information.   Thanks to our other donors as well!  View a complete list of donors here. And thanks to all of you for being part of our community – we pride ourselves on being a caring and giving one, and here's a chance to do something tangible to make a difference. We hope you are one of the lucky winners, but please know that all who give are winners in our book! Thank You and Happy Thanksgiving! The PRIM&R Board and Staff One hundred percent of the proceeds will be donated to The National AIDS Fund and Broadway Cares/Equity Fights AIDS. The drawing will take place 12:00 pm on December 4 at the Hynes Convention Center at which time prizes will be available for inspection.  There is no maximum or minimum number of tickets sold in order for the raffle to be held. Prizes should be treated as ordinary income for the winners for federal and state income tax purposes.  The Internal Revenue Service takes the position that no portion of the ticket price will qualify as a charitable contribution for federal income tax purposes. Limit one grand prize per winner.

Click here to unsubscribe

A Fence, Lebanese Style

An Arrest on the Border

The geographer Ghazi Falah was caught between Israel and the Arab world

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Interactive Map: Prelude to an Arrest

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By JOHN GRAVOIS

Akron, Ohio

Ghazi-Walid Falah was not worried when Israeli security agents stopped his car on a narrow mountain road near the Lebanese border, just before sundown on July 8, 2006.

When they discover who I am, he assured himself, they will immediately release me.

Mr. Falah is a prominent political geographer who studies borders. He is a tenured professor at the University of Akron. And he is a dual citizen of Israel and Canada. He thought he had nothing to fear.

But his self-assurance — and his freedom — were short-lived.

That night agents of the Israel Security Agency, also known as the Shin Bet, or Shabak, arrested Mr. Falah and took him to a police station in Nahariya. There they told him they had found something in his camera: a photograph of a "sensitive" military antenna near the coast.

Then they used the word meragel: Spy.

From the Chronicle of Higher Education

Collective Bargaining in Higher Ed: Preliminary Program

35th National Conference: New Models

April 6, 7, 8, 2008 in New York City
Panels and Workshops: Over eighty presenters representing unions, management, and academic specialists 

Major Presentations:

Matthew Goldstein, Chancellor, City University of New York
Cary Nelson, President, American Association of University Professors
James E. Lyons, Secretary of Higher Education, Maryland Higher Education Commission

Panels:

Across the Table. Presidents: An Open Exchange
Lillian Taiz, President, California Faculty Association/AAUP/CTA/NEA/SEIU
Juliette Romano, President, UCE of Fashion Institute of Technology/NYSUT/AFT/NEA
Joyce Brown, President, Fashion Institute of Technology
Angelo Armenti, Jr., President, California University of Pennsylvania
David Adamany, Chancellor, Temple University
Jeff Cross, Associate Vice President for Academic Affairs, Eastern Illinois University and Pat Heilman, President, APSCUF, Pennsylvania, Moderators

New Models of Accountability and Evaluation: Performance Metrics, Dashboard
Judith Eaton, President, Council for Higher Education Accreditation
F. King Alexander, President, California State University, Long Beach
Larry Gold, Director, AFT Higher Education, American Federation of Teachers

New Models of Accountability and Evaluation: Performance Metrics, Dashboard. Impact on Collective Bargaining
Sandra Schroeder, President, AFT Washington
Ernst Benjamin, General Secretary, American Association of University Professors
John Travis, former President, California Faculty Association/AAUP/CTA/NEA/SEIU
Jim Johnsen, Vice President for Administration, University of Alaska System
Wilhelmina Reuben-Cooke, Provost and Vice President for Academic Affairs, University of the District of Columbia

New Technology: New Paradigms for Instruction
Felice Nudelman, Director, Education, The New York Times
Scott Jaschik, Editor, Inside Higher Ed
John Murphy, Executive Vice President, University Professionals of Illinois/IFT/AFT, Moderator

New Technology: New Paradigms for Instruction. Impact on Collective Bargaining, Intellectual Property Rights
Abigail Byman, General Counsel and University Secretary, University of Scranton
Corynne McSherry, Esq., Electronic Frontier Foundation
Diane White, President, Solano College Faculty Association/CCA/CTA/NEA
Cynthia Eaton, Assistant Professor, English, Suffolk County Community College/AFT
John Murphy, Executive Vice President, University Professionals of Illinois/IFT/AFT, Moderator

Merit Pay: Current and Future Models
Mike Malone, Dean of the College of Engineering, University of Massachusetts
John Curtis, Director of Research and Public Policy, American Association of University Professor