Higher Ed Law Prof Blog

This Week's "Attorney at Large" Column

A Tortured Conversation
By James Castagnera
Attorney at Large
“Wrench out of shape,” Ned McAdoo intoned, peering up at me over his reading glasses.
“A warm ‘hello’ to you, too, counselor,” I replied, recognizing that my old friend was engrossed in his weekly wrestling match with the crossword puzzle in the local newspaper. Sitting down across from him, I asked, “How many letters?”
“Seven,’ he said without looking up again. I did a quick calculation on my fingers. “Torture,” I intoned.
“By golly, you’re right,” he responded. “Well done, Seamus.”
“Speaking of torture,” I continued, opening my menu and reviewing the day’s specials at the Llanerch Diner in Havertown, “the papers seem to speak of nothing else lately.” McAdoo ignored me, silently moving his lips, as he read another clue.
I was referring, of course, to recent revelations that the CIA in 2005 had destroyed tapes of interrogations of suspected terrorists. These revelations came hot on the heels of the great debate about a technique called “water boarding.” The nation’s new attorney general squeaked through his congressional confirmation hearings, despite his reluctance to pronounce the practice --- usually described as simulated drowning --- to be illegal torture.
“Torture,” it occurred to me, is one of those words that is way over-used and, consequently, hopelessly ambiguous. I occasionally hear students say, “That prof’s classes are shear torture.” So far as I know, the poor professor is not attempting to teach water boarding. The word is watered down further (no pun intended) by the definition that had Ned puzzled (ditto). One might even object that the point of this column is tortured. How, then, to make any sense of the term in the eyes of the law? Henry Campbell Black, M.A., whose law dictionary is the profession’s gold standard, doesn’t even attempt a definition.
Furthermore, if agreement could be reached on what constitutes true torture, we’re left with the utilitarian issue of weighing the suffering of the torturer’s target against the consequences of not learning what he knows until it’s too late. Let’s say the FBI or CIA knows that one of the millions of cargo containers coming into American ports every day contains a dirty bomb set to explode in a matter of hours or days. The culprit in custody is believed to be aware of where the bomb is hidden. How much should his captors be allowed to hurt him, if the information could save thousands of lives?
Last, but not least, is the contention that information obtained under torture is unreliable. Regular readers of this column may recall a similar criticism, noted a few weeks ago in this space, concerning lie detector tests. True… neither torture nor polygraphs can offer a guarantee of the truth. But, when the stakes are enormous, shouldn’t law enforcement officials be authorized to use all the tools in their bags? The true utilitarian, who believes in the greatest good for the greatest number, would presumably say “yes.”
On the other hand --- and in my profession only a one-armed lawyer lacks another hand --- subscribers to the credo “Let justice be done though the heavens fall” (attributed to a Roman statesman, by the way) might contend that a democratic society with a bill of rights ought never to resort to true torture, no matter what the cost. An analogy might be drawn to gun-proponents, who oppose even the most innocuous gun-control legislation in the name of the Second Amendment, regardless of how many nutty kids blow away how many innocent victims in college and high school classrooms and shopping malls. For such folks, justice doesn’t hold any scales. She merely stands there, blindfolded, sword ready to chop away in reckless disregard of whom it hits.
“Having two or more meanings.” Ned snapped me out of my reverie.
“Ambiguous,” I replied without hesitation.
“Wow, how’d you get that?” he asked.
“Never mind,” I replied. “Stop torturing yourself with that darn puzzle and let’s order lunch.”
[Jim Castagnera, formerly of Jim Thorpe, is the Associate Provost/Associate Counsel at Rider University. Ned McAdoo is the hero of his novel about the Molly Maguires, available at www.lulu.com.)

When Real Laws Meet Virtual People

In his 1997 novel, “Idoru,” sci-fi writer William Gibson postulates a pending marriage between a real-life rock star and a virtual vamp. The bride is an “idol-singer” or Idoru. Although Idoru are computer-generated fantasies, “Some of them are enormously popular.”
The kids with whom the Idoru are “enormously popular” inhabit a virtual world that is more real to them than their own homes and families. In an early chapter, “They met in a jungle clearing. Kelsey had done the vegetation: big bright Rousseau leaves, cartoon orchids flecked with her idea of tropical colors…. Zona, the only one telepresent who’d ever seen anything like a real jungle, had done the audio, providing birdcalls, invisible but realistically dopplering bugs, and the odd vegetational rustle artfully suggesting not snakes but some shy furry thing, soft-pawed and curious.”
Less than a decade later, Gibson’s vision is here. In case you --- like me --- are not one of the 900,000 already enrolled, “Second Life” is a virtual world in which you can buy property and build a home, indulge yourself in a pseudo-career and… even conduct real business. [http://secondlife.com/]
Yes, in Second Life’s Linden City you can really sell stuff. Something close to half a million bucks exchanges hands every day in Linden, according to a recent Yahoo report on the Internet phenomenon. Concludes Yahoo, “The IRS is interested and Congressional economists are looking into how to tax digital assets accrued” in virtual worlds.
Is virtual taxation without virtual representation tyranny? Search me. Frankly, I’m more interested in issues such as blackmail. If Linden City citizen A threatens to expose some peccadillo of citizen B, where does jurisdiction over the crime lie? Let’s make citizen A a Brit and citizen B an American. Sure, both John Bull and Uncle Sam have an interest in the dirty deed. But where did the crime occur? In England, where the perp lives? What if he joined the website and made the blackmail threat while airborne over --- oh, I don’t know --- Uganda? And what if victim B joined the “game” and got the threat while airborne over Australia in an Air China aircraft?
Forget the geography. The crime occurred in Linden City, which falls under the jurisdiction of the state of Second Life. I guess that’s not quite the state of Grace. But for the religious the analogy is apparent.
For the record, our law enforcement apparatchiks can’t even cope with the Nigerian scams. A case on point: an international student recently decided to sublet a room or two in her condo, her family having returned to China. She advertised on the worldwide web. An offer came in via email from Africa. The offer was followed by four $500 American Express checks, an amount equal to a month’s rent plus the security deposit. The student deposited the doe. Next thing she knows, her new tenant is asking for half of the money back to buy a plane ticket. The student sends the money, not waiting for the four checks to clear. When the American Express checks prove to be counterfeit, she’s out a grand she can ill-afford to lose. Who can help her? Answer: nobody!
You see the problem, right? Mystics and new age twits talk of Gaia, an ecological theory that the living matter of planet Earth is a single organism. Who knows? What we do know is that the Internet --- the worldwide web, more or less --- is greater than the sum of its billions of parts. The Internet, one might fairly argue, is an entity which has passed beyond the control of any nation, any corporation, any set of statutes, even any international organization.
Anarchists and libertarians may applaud this state of global affairs. Those of us who have devoted our lives to the rule of law may justifiably feel differently.
Following World War II, we created the United Nations to bring all nations under one legal umbrella. We developed a canon of international codes, everything from crimes against humanity to international intellectual-property regimes.
Perhaps what is needed now is a virtual counterpart to the U.N. I wonder if Bill Gibson would agree?

"Second Life" Identity Theft?

Yes, writes this blogger.Blog

A Chronology of Data Breaches...

... from the Privacy Clearing House.Web site

Are WiFi-enabled campuses easy marks for identity theft?

Yes, indeed, says a commentator in theGreentree Gazette.

Biologist sues Woods Hole...

... claiming he was fired because he's a creationist.From the Boston Globe

ider University will prepare minority students for doctoral programs...

... thanks to $880,000 federal McNair Grant:

                Minority Students to Earn Doctorates Through Rider's $880,000 McNair Grant

             

Rider University is addressing the need to expand the number                 of minority students earning doctoral degrees in sciences, technology,                 engineering and mathematics (STEM fields) in order to serve the                 needs of academe, government and industry. As the proud recipients                 of an $880,000 four-year Ronald E. McNair Post Baccalaureate Achievement                 Grant from the U.S. Department of Education, Rider will establish                 a cohort of 25 underrepresented students, including African American,                 Hispanic and Native American undergraduates who are academically                 talented and ambitious.
               
                Beginning in January 2008, Rider will cover the tuition costs                 for the selected juniors and seniors, who must maintain at least                 a 3.0 GPA and reside in New Jersey to be eligible. Upon graduation                 from Rider, the McNair scholars will have the opportunity to enter                 Drexel University-College of Medicine, Thomas Jefferson Hospital                 and University in Philadelphia, or the University of Medicine                 and Dentistry of New Jersey (UMDNJ) on full scholarship. The McNair                 scholars will be provided with the necessary financial support,                 academic resources, research and internship opportunities, career                 counseling, and mentoring experiences to make a successful transition                 to graduate school.
               
                Rider University President Mordechai Rozanski praised the long-term                 positive effect this program will have for students and society.                 “I am tremendously proud that Rider will be supporting students                 from underrepresented groups in their pursuit of advanced degrees                 in the sciences,” he said. “These students are talented                 and motivated and will make significant contributions to our society.                 As one example, I am very much looking forward to the day when                 the first of the Rider McNair scholars is welcomed back to our                 campus as a professor teaching the next generation of Rider students.”
               
                Queen S. Jones, director of Rider’s McNair Program, is thrilled                 with the interest this grant has generated at Rider. “I                 am excited about the impact of this program because it will offer                 minority students an opportunity to obtain a Ph.D. without the                 worries associated with growing tuition costs. We already have                 more than 50 applications.”
                To further increase the applicant pool, Jones and Dr. Jonathan                 Yavelow, assistant dean for science and professor of biology at                 Rider, have developed collaborative partnerships with four neighboring                 community colleges: Mercer County Community College in West Windsor,                 N.J.; Bucks County Community College in Newtown, Pa.; Burlington                 County Community College in Mount Laurel, N.J., and Middlesex                 Community County College in New Brunswick, N.J.
               
                Through this partnership, Rider will identify students from these                 community colleges as potential McNair scholars and work with                 them as they apply to Rider for their junior year. “Without                 question, the network is alive and well, and Rider is at the center                 of it,” said Yavelow. “Our partners at the community                 colleges and at the Ph.D.-offering universities are just as excited                 as we are to begin this venture.”                 Jones and Yavelow have plans to expand the network to include                 high schools and several agencies in New Jersey who work exclusively                 with talented minority students, such as the New Jersey SEED Program                 (Science Education for the Economically Disadvantaged).
               
                “Access and opportunity are key elements in providing avenues                 for success for all American citizens,” said Jones. “As                 John F. Kennedy stated, ‘All of us do not have equal talents,                 but all of us should have an equal opportunity to develop our                 talents.’”
               
                Named after Ronald McNair, an astronaut and engineer who died                 in the 1986 explosion of the space shuttle Challenger, this program                 prepares participants for doctoral studies through involvement                 in research and other scholarly activities. Participants are from                 disadvantaged backgrounds, low income and generally first-generation                 college students who have demonstrated strong academic potential.                 The goal of the program is to increase the attainment of Ph.D.                 degrees by students from underrepresented segments of society.                 Rider University is one of only four New Jersey higher education                 institutions to receive funding after an arduous competition.
               
                A reception to formally kick off the McNair Program at Rider will                 take place in January 2008.

Annual Development Forum Announced by UCEA

Dear UCEA Member,

 

Just a reminder to register for the 14^th annual UCEA Workforce Development Forum by December 14 to take advantage of the “early bird” rate (details below).  Please also forward this e-mail to anyone you know who may be interested in attending.  Thank you.

 

 

 

January 9-11, 2008 at the Sandpearl Resort in Clearwater, FL 

 

NOTE:  To see the entire Forum program, open the attachment or visit the Forum website at http://www.ucea.edu/profdev/seminars/2008forum.

To register, go to http://www.regonline.com/2008forum.

 

Keynote Presentations

Anthony Carnevale, Research Professor and President, Global Institute on Education and the Workforce, Georgetown University, “The Future of Professional and Continuing Education”

Alan and Sue Todd, Corporate University XChange, “Leadership Development and Corporate-Higher Education Partnerships”

Peter Bishop, Associate Professor of Strategic Foresight and Coordinator of the Graduate Program in Futures Studies, University of Houston, “A New Era for Higher Education”

 

Who Should Attend?

UCEA’s 14^th Annual Workforce Development Forum is for leaders from business, government, non-profit, economic development, and academic sectors interested in workforce and economic development, including:

• Deans, faculty, and senior administrators at two-year      and four-year higher education institutions
• Directors of professional and continuing      education units
• Corporate chief learning officers
• Workforce investment board officials
• Regional and state workforce development      professionals
• Labor organization leaders

 

Forum Overview

This year’s Forum will explore the role that higher education plays in workforce and economic development, including the economics of workforce education and training, innovative workforce development strategies, corporate/higher education collaborations, and relevant public policy initiatives. 

Thus, the 2008 Forum will explore the following major themes:

• Talent Needs and Innovative Learning Solutions
• Strategic University-Employer Partnerships
• Application of Metrics to Learning
• Education and Training Programs to Sustain      Regional Economic Development

 

Pre-Conference Workshop

“Connecting Higher Education to Regional Economic Development”

Workshop speakers:

Marvin L. Hunt, Assistant Dean and Director, Academic and Professional Programs (APP), The University of Kansas Continuing Education.

Matthew Hurlbutt, Executive Director of RochesterWorks, Inc. and Managing Director of Finger Lakes Workforce Innovations in Regional Economic Development (WIRED) Initiative.

Gibson (Sunny) Morris, Executive Director of the Arkansas Delta Workforce Innovations in Regional Economic Development (ADWIRED) Academy.

Howard Wial, Senior Research Associate, Brookings Institution

James Zuiches, Vice Chancellor for Extension, Engagement, and Economic Development, North Carolina State University.

 

Venue Information

This year’s Forum will be at the Sandpearl Resort, 500   Mandalay Avenue, Clearwater, FL.  Call 877-726-3111 or 727-441-2425 to reserve a room.  Be sure to indicate that you are attending the UCEA meeting in order to receive the special rate. The cut-off date for the special rate is December 17, 2007. Visit the hotel’s website at http://www.sandpearl.com.

 

 

 

 

An email message on Iran's nuclear capability...

From: Iran-Alert@committeeonthepresentdanger.org

IRAN  UPDATE              December 6,  2007                             IRAN'S NUCLEAR  INTENTIONS AND CAPABILITIES              Let the  Head-Scratching Begin (or Continue)                             The new National Intelligence Estimate on Iran’s nuclear activities has dramatically altered both domestic and international debates over those activities as well as the likely responses to them. At the same time, the agencies that participated in this earth-shattering review have raised a host of serious concerns about how they reached their conclusions and whether they took a broad enough look at all activities related to Iran’s nuclear work. Whether the global community should feel any differently about what Iran is doing and whether it should change course in light of this new estimate remain very open questions. Although useful commentary about this new estimate could range over the course of many pages, we want to focus your attention on three failures that are inherent in it.                             Failure of logic. Did Iran drop its nuclear weapons program? To believe so, you must set aside lots of other evidence that the Islamic Republic is hell-bent on developing or acquiring such weaponry, including its boasting about future superpower status and new capabilities; its messianic rhetoric; its stated designs on Israel, the United States, and the West in general; its simultaneous development of long-range missiles; its research into equipping such missiles with nuclear warheads; its two decades (and counting) of deception about nuclear research to begin with; and the desires of at least ten of Iran’s less complacent neighbors to start their own nuclear programs.                             Failure of intelligence. The United States currently lacks anything resembling a serious human intelligence capability vis-à-vis Iran, with such basic elements as “eyes on the ground.”  That raises the question of how, exactly, the NIE’s authors have any “confidence” at all in their estimates. Couple that with reports that the earthshaking new information that prompted the intelligence U-turn came from disclosures by Iranian military commanders and defectors, and there is ample reason to greet the new revelations with a healthy dose of skepticism. Separate and apart from the sources in this case, one might also keep in mind that our intelligence community has never (that is, never) accurately forecast when a nation would go nuclear – not the Soviet Union, nor China, nor India, nor Pakistan, nor North Korea.                             Failure of definition. The NIE qualifies its lead judgment, that Iran  “halted its nuclear weapons program,” with an astonishing footnote in which its explains:  For the purposes of this Estimate, by "nuclear weapons program" we mean Iran's nuclear weapon design and weaponization work and covert uranium conversion-related and uranium enrichment-related work; we do not mean Iran's declared civil work  related to uranium conversion and enrichment. That directly contradicts the long-standing position of the United States, of both political parties, and of our key allies in the Iranian crisis, which focuses on Iran’s declared civil nuclear work – including  the work related to uranium conversion and enrichment. Well, as noted above, why would Iran pursue its civil nuclear work so aggressively, and why would it remain so opposed to full disclosure, except as part of a weapons program? The United States has said for years that, absent an alternative rationale, we must presume that Iran’s declared civil program, including its uranium enrichment, is part and parcel of a weapons program and, as such, is a threat to peace. That’s the common position of our key allies, and that’s what led to our progress at the UN Security Council, with our European allies, and through our unilateral financial sanctions.                             A final point. Whatever you think about the quality of the NIE, you might want to keep in mind that it only covers nuclear development on Iranian soil. It includes not a word about the possibility of procurement of nuclear weapons components from abroad (and, as a result, not a word about Iranian cavorting with the North Koreans on nuclear-related matters). At the very least, the intelligence community might want to provide a second, related assessment about our level of “confidence” that we are adequately tracking Iranian foreign acquisition of WMD-related goods and services.

www.committeeonthepresentdanger.org. P.O. Box 33249, Washington DC 20003-3249             Contact: Larry Haas, larry@larryhaasonline.com. 202 257-9592

Understanding Iran's Nuclear Agenda

From the Chronicle of Higher Education

U. Wisconsin Prof who attacked immigrant community backtracks.

Professor steps down from statements that male members of community are natural born killers.From the Badger Herald

The case against providing preferential in-state tuition rates to illegal aliens

Download 090407RS.pdf

ICE agency busts couple for sham marriage

The attractive 25-year old Russian woman advertised on Craigslist.com for a "Greencard husband."  Lest prospects were unclear about the terms of the proposal, she added that for $300/week the lucky husband need not live-in.  Indeed, the woman's live-in boyfriend was --- conveniently --- an Internet-ordained minister.  When the successful spouse was selected, the boyfriend-minister performed the ceremony.From LawFuel.com

Higher Education Aid for Illegal Immigrants ...

... remains a hot topic.  From the Chronicle of Higher Education

Texas towns tend to oppose a fence

From Global Security.org

Some thoughts on Immigrants and Fences

From Tel Aviv, Thoughts on Fences

Tel Aviv, June 1, 2007 — Readers of this column know that I have been knocking around Israel these past 10 days at the expense of the Foundation for the Defense of Democracies. Styled an Academic Fellowship on Terrorism, this “paid vacation” features an up-close-and-personal peek at how the Jewish state deals with terrorists… a topic of no small interest to us since Nine-Eleven.
Parallels between our two countries are a little hard to find, however. Israel is about as big as New Jersey or perhaps Vermont, plus or minus some parts of New Hampshire. The beleaguered nation, surrounded by enemies armed to the teeth, somehow manages to remain a democracy. I doubt we Americans are ready to open our purses and packages for inspection every time we enter a mall or restaurant. Universal military service is not even on our federal agenda for discussion.
One parallel did catch my eye… rolls of razor wire running parallel to a fence along the so-called West Bank of the Jordan. Similarly, Uncle Sam has started a fence along our border with Mexico.
Our FDD contingent, 45 professors strong, visited Israel’s largest Arab city, some few miles from the fence. At the town hall, the city manager gave us a little talk, then opened himself up to our questions.
Of Arab descent but Israel-born, the 50-something “mayor” allowed as how he likes that fence. The barrier, which bears signs warning of “mortal danger” if you climb it, has reduced illegal immigration of Palestinians to his town substantially, he says. The small city’s unemployment rate approaches 30%. He blames much of it on illegals who marry local Israeli-Arab girls and then either scarf up scarce jobs or add themselves directly to the unemployment rolls. Either way, he contends, they deplete scarce economic resources.
Born, raised and educated in Israel, this Arab official worries about where his children are headed. His son, he says, is pro-Palestinian. Were this worried parent an African-American, his son might label him an “Uncle Tom.” However, he himself would choose to be a Palewstinian citizen if a democratic Palestine becomes a real possibility.
I don’t know if Mexican-Americans along the Rio Grande and in San Antonio and El Paso and San Diego share any of this Arab city manager’s ambivalence about their futures and those of their children. I would not be surprised to discover that at least some are eager for the U.S. to staunch the flow of illegals into their borderland towns and cities.
Like the Arab city manager, other Israeli officials report a decrease in cross-border incursions by would-be-bombers and other illegals, thanks they believe to their fence.
The border fence, an innovation that will not in any way impact the rights or lifestyles of U.S. citizens, may be an initiative for which the Israeli experiment is a valuable laboratory test case from which we Yanks can learn.

Big payday for formwer coach

A jury took only four hours to award a former Fresno State women's roundball coach $19.1 million in her sex discrimination case.  The U. says it will appeal... no surprise there.From the Fresno Bee

New from NACUA

NACUA Publications: Practical Litigation Series

 

This series of client education publications is intended to be purchased by legal counsel to share with administrators, faculty, students, and other members of the campus community who are named in a lawsuit or otherwise involved in litigation in connection with their college or university.  Written in an easy-to-understand question-and-answer format, the pamphlets address the common concerns, issues, and questions that campus clients without a legal background may have regarding each topic area.

 

Titles include:

 

Overview of a Lawsuit by David Harrison

I’ve Been Sued: What Happens Now? by Nicholas Trott Long

Helping Your Institution’s Lawyer to Defend You by Nancy Tribbensee

Giving A Deposition: A Witness Guide by Oren Griffen

The Settlement Process by Nancy Tribbensee

 

 

 

Click here to purchase the full Practical Litigation Series or click on the links above to order individual titles. Titles may be purchased individually for $3.00 per pamphlet, or as a full five pamphlet set for $12.00 (a 20% discount).

 

 

NACUA’s Publications Library

NACUA publishes a variety of special pamphlets, monographs, compendia, and other resources of interest to both higher education attorneys and administrators. The publication series offers more than 50 publications of different types and categories.

 

Click here to view NACUA’s full publication library.

 

Questions about NACUA publications? Contact Linda Henderson at 202-833-8390 or via email at lhenderson@nacua.org.

 

All NACUA members receive periodic email communications regarding upcoming NACUA member events and benefits.  To unsubscribe from these emails, click here.

 

 

 

Looking to clear your office book shelves? Here's your chance

Dear Professor,

Etextshop.com offers the highest cash back price in the industry for surplus textbooks. We offer 24 hour online quotes for new and used books in all disciplines, free shipping and a free shipping label.


Please visit: http://www.etextshop.com/sellbooks.php to sell your books.


For textbooks that will not price quote, we may be interested in buying them if they are 2007 or 2008 editions. Please contact us at buyback@etextshop.com.

We are not purchasing K-12 textbooks at this time.
TM and/or © and ® etextshop.com LLC, 2006. All Rights Reserved.

 

Our address: etextshop.com LLC, 1429 Marilyn Dr., Ogden, UT 84403.
Call us Toll-free at 1-800-509-0490 

Corporate-Counsel Summit

Hello, James. On behalf of our Board of Directors, I wanted to personally 
extend an invitation to you for The Corporate Counsel Summit because of 
your key role and experience.

As an introduction, The Corporate Counsel Summit is an invitation-only 
group comprised of the nation's leading senior counsel executives. We 
provide these professionals who are short on time the opportunity to 
consistently gain fresh insight and experience of other top-flight legal 
executives to solve pressing matters of common interest. We meet monthly 
via interactive teleconferences to exchange what is working, what is not, 
strategies and ideas. It is a confidential forum with dedicated groups of 
other successful senior counsel executives whose only agenda is to help 
each other outperform.

I am certain you will find the experience both valuable and useful in 
your efforts. Here is our site as background if you could take a look and 
please let me know of your decision. Thanks, James.

www.TheCorporateCounselSummit.org

Sincerely,

Alex Parnell
The Corporate Counsel Summit
1200 Abernathy Rd, 17th Floor
Atlanta, GA 30328
404-592-9903 Ext. 81
Mail back to decline further.
Alex@TheCorporateCounselSummit.org
www.TheCorporateCounselSummit.org

Announcement: nominations sought

Benjamin Franklin Award for Public Diplomacy Nomination Deadline Nomination Deadline: December 15, 2007 The Benjamin Franklin Award recognizes that all sectors of American society – individuals, schools, foundations, associations, and corporations – actively contribute to advancing America's ideals through public diplomacy. The award will recognize the outstanding leadership and contributions made by U.S. citizens and organizations, both here and abroad. Announced by Secretary Rice on January 10, 2007, this new award is among the most prestigious honors that the Department of State can bestow on U.S. citizens and non-governmental organizations and will be presented by the Secretary of State in the spring of 2008. We welcome you to identify and nominate private sector practitioners of public diplomacy. Background information on the Benjamin Franklin Award can be found at   www.state.gov/r/partnerships/award/.

University of Wisconsin sues Washburn University over logo

You be the judge:

University of Wisconsin logos, including the "Motion W" logo

Washburn's "Motion W" logo

Stanford commits $4.5 million to diversifying its faculty pipeline

From the Chronicle of Higher Education

EU launches year of intercultural dialog

Launch of European Year of Intercultural Dialogue

The European Commission today launched the European Year of Intercultural Dialogue
2008, which seeks to foster a sense of European belonging by creating closer links
between Europeans and by exploring the benefits of cultural diversity.

"The European Year 2008 gives us a valuable opportunity to explore ways to improve
our intercultural dialogue, and our intercultural relations," said Ján Figel',
European Commissioner for Education, Culture, Training and Youth. "This may seem to
be an extremely difficult task. But 50 years ago the idea of bringing our
continent's diverse populations together under one umbrella, the European Union,
also seemed to be beyond reach. Now we can see the achievement of the European
Union, and its remarkable success in uniting Europe's countries. Therefore, we can
and should face up to the challenges of our continent's cultural and religious mix.
That is why we have chosen the slogan 'Together in diversity' for the Year."

The European Year of Intercultural Dialogue 2008 is a joint initiative between the
European Union, the EU Member States and European civil society. In addition to
providing support for information campaigns and studies on intercultural dialogue,
the initiative will fund specific programs in areas such as culture and education.

MORE: http://www.interculturaldialogue2008.eu/

Here's the brochure for CUNY's 35th annual conference on collective bargaining in higher ed

Dear Colleagues and Friends of the National Center,

We are pleased to inform you that the program brochure of the 35th Annual
Conference is now posted on our website: www.hunter.cuny.edu/ncscbhep. Also
on our website is the conference program schedule. Both documents can be
printed.

In mid-January you will receive, by surface mail, the printed program
brochure that you can use to register at that time.

If you want to reserve your place now please e-mail the National Center at
www.national.center@hunter.cuny.edu
, by calling our offices at
212.481.7550, or by mailing the registration coupon from the brochure on our
website.

This year we have again reserved room blocs at the Affinia Dumont and at the
Affinia Shelburne Murray Hill hotels and have negotiated a very competitive
group rate for National Conference attendees. Initially, our room
allocations will be distributed at the Dumont; if and when this allocation
is exhausted, reservations will switch automatically to the Shelburne. For
reservations please call 866.233.4642, indicate the Affinia Dumont, and
mention the group name: National Center for the Study of Collective
Bargaining.

We look forward to seeing you in New York.

Sincerely,

Dr. Richard Boris

Executive Director

The AAC&U December Newsletter at this location

To view the HTML version of this email online, go to
http://www.aacu.org/aacu_news/html-newsletter/Dec07.cfm.

Read this month's articles online at http://www.aacu.org/aacu_news/index.cfm,
including an article about a community college honors program in Texas.

An offer of holiday gifts from the Ellis Island Foundation

Dear James Ottavio,

Do you have an ancestor whose first steps in America were on Ellis Island? Chances
are you do, and chances are you can find your ancestor's arrival documents in
America at www.ellisisland.org. :
http://email.ellisisland.org/a/tBHVboJAY76hCAuB-$wAB5g7cm1/ellis

For the holidays, honor your ancestors, and your family, by searching Ellis Island
Online : http://email.ellisisland.org/a/tBHVboJAY76hCAuB-$wAB5g7cm1/ellis for your
Personal Heritage Documents. ACT TODAY AND ORDER YOUR HISTORIC MANIFEST IN THIS
BEAUTIFUL CUSTOM FRAME (pictured). TIME IS RUNNING OUT TO ORDER THIS FRAMED GIFT BY
DECEMBER 20!

http://email.ellisisland.org/a/tBHVboJAY76hCAuB-$wAB5g7cm1/ornament3 Or look for
other fabulous gift-giving ideas from our ELLIS ISLAND GIFT SHOP :
http://email.ellisisland.org/a/tBHVboJAY76hCAuB-$wAB5g7cm1/posters , such as our
beautiful 2007 Holiday Ornament, shown at left. You'll also find our full ornament
series as well as books and photographs to serve as your perfect holiday gifts for
family and
friends.http://email.ellisisland.org/a/tBHVboJAY76hCAuB-$wAB5g7cm1/posters

The clock is ticking for the perfect Holiday Gift, so search our database for your
Personal Heritage Documents right now. Just enter your information in the search
boxes below. It's easy as one, two, three.

Enter passenger information, then click Start Search.

First Name (optional)

Last Name

Approximate Year of Birth

Gender

Exact Year

+ or - 1 year

+ or - 2 year

+ or - 3 year

+ or - 5 year

+ or - 7 year

Any

Male

Female

Need other original gift ideas? Our ELLIS ISLAND HISTORIC POSTER COLLECTION :
http://email.ellisisland.org/a/tBHVboJAY76hCAuB-$wAB5g7cm1/posteroffers a series of
beautiful, romantic and historic prints of vintage ships that carried our ancestors
to these shores. The famous shipping lines of the day are represented, including the
White Star Line, Red Star Line, Cunard, and United American.

You'll find this and other posters in our ELLIS ISLAND GIFT SHOP. :
http://email.ellisisland.org/a/tBHVboJAY76hCAuB-$wAB5g7cm1/poster3

Proceeds support the work of The Statue of Liberty-Ellis Island Foundation :
http://email.ellisisland.org/a/tBHVboJAY76hCAuB-$wAB5g7cm1/ellis, a non-profit
organization supported by people like you, and dedicated to the preservation and
celebration of America's immigrant heritage at Ellis Island and the Statue of
Liberty. That means YOUR immigrant heritage!

To further support our work, please consider making a fully tax-deductible
contribution. It's simple, quick and easy. Just click over to our Donation Page :
http://email.ellisisland.org/a/tBHVboJAY76hCAuB-$wAB5g7cm1/donate. And remember, a
gift toEllis Island and Lady Liberty is a gift forEllis Island and The Lady.

The Statue of Liberty-Ellis Island Foundation, Inc.
17 Battery Place, Suite 210
New York, NY 10004-3507

An invitation to recruit Indian students

THE INDUS FOUNDATION INC.
23 Koster Blvd., Suite 8B
Edison, NJ 08837, USA
Tel: (732) 205-9810
Fax: (732) 205-9811
indus@indus.org
www.indus.org

Dear James Ottavio Castagnera, Esq.,

SPRING 2008 RECRUITING TOUR OF INDIA

As you know, there is a substantial demand for higher education in the
Indian sub-continent. Many Indian students are interested in pursuing
undergraduate and graduate programs abroad.

The Indus Foundation is a non-profit educational organization dedicated to
the promotion of higher education for the people of the Indian
sub-continent. The Foundation is well established in the Indian
sub-continent with its own extensive network of offices for recruiting
students for study abroad. Over the past 10 years, the Foundation has
emerged as a leading recruiter of international students from India.

The Foundation is pleased to invite your institution on our forthcoming
Spring 2008 recruiting tour of the Indian sub-continent. The tour is
scheduled from April 14 to 24. It will take the participants to the major
educational cities including New Delhi, Bombay, Calcutta, Bangalore,
Madras, Hyderabad, Ahmedabad, Cochin, and Nagpur. The tour is guaranteed
to result in increased enrollment of international students while reducing
your recruiting costs.

The size of the tour is kept small and registration will be done on a
"first come, first served" basis. Upon hearing from you, we shall send
further details of the tour including the registration form.

Thanking you and with regards.

Mr. S.B. Anumolu
President

Kentucky principal says teachers should handle more disciplinary problems themselves

Stop sending mischievous kids to the office, he says, but his policy has run into a lot of faculty flack.From the Courier-Journal

40 years later, the dead will not stay buried

But after peaking into their graves, the FBI declines to reopen investigation of 1968 killings.From the Greenville NC News

No more top-secret anthropology...

... for the U.S. intell community.Says the American ANthropology Association.

Does P&T fail to value teaching?

Read about it here:From the Teaching Professor

PA small-group insurance reform could impact PA colleges...

... says a major Philadelphia law firm in an email to me:

Pennsylvania's Proposed Small Group Insurance Reform May Impact
Pennsylvania Colleges and Universities

By: Michael F. Consedine
and Sean T. O'Neill

Pennsylvania colleges and universities should closely monitor a bill the
Pennsylvania General Assembly is currently considering on small group
health care reform. If enacted, provisions in this legislation would
require most schools to establish, provide and maintain mandatory
student health insurance programs. Failure to comply with the law would
carry significant penalties.

The changes impacting Pennsylvania colleges and universities are part of
a larger piece of legislation designed to reform health insurance for
small groups. The goal of small group health care reform is to make
health care more affordable for families and small employers by limiting
the way insurers may underwrite and rate health insurance. Both small
group health care reform and mandatory health insurance for college
students are part of Pennsylvania Governor Ed Rendell's "Prescription
for Pennsylvania," which is a sweeping set of proposed reforms to
Pennsylvania's health insurance market.

House Bill 2005 ("HB 2005" or "the Bill"), introduced in mid-November,
implements both small group health care reform as well as mandatory
college health insurance requirements. While the focus of the Bill is
primarily on small group insurance reform, Section 4206 of HB 2005 also
establishes some important health insurance mandates for Pennsylvania
colleges and universities:

* Requires that the Pennsylvania Insurance Department establish a
"minimum health benefit package" for full-time students enrolled in
baccalaureate and post-baccalaureate programs in the Commonwealth.
Within 120 days following the Department's implementation of the
package, all health insurers will be required to offer the minimum
health benefits package as individual coverage available to students and
as group coverage available through the educational institution.1
* Requires every full-time student enrolled in a public or private
baccalaureate and post-baccalaureate program to continuously maintain at
least the minimum health benefits package.
* Requires students to annually present evidence of coverage.
* Requires every college or university or post-baccalaureate
program to make available to students health insurance coverage that
they can purchase on a group or individual basis.
* There is an exception for the above requirements for schools
that provide on-campus student health care coverage equivalent to the
minimum benefits package through their own clinics and health care
facilities, and receive approval from the Pennsylvania Department of
Education that such coverage is equivalent. The coverage must provide
that the student is covered for hospital admissions and ER services at
facilities throughout the Commonwealth.
* Pennsylvania public and private colleges and universities would
need to annually certify that they meet the requirements of the act.
* A failure to comply with the law would carry significant
penalties including a $500 per day fine.2

HB 2005 is still in the early stages of consideration. On November 20,
2007, the House Insurance Committee approved the Bill and it is expected
that the full House of Representatives will consider the Bill in the
near future. If passed by the House, the Bill will likely face greater
scrutiny in the Republican-controlled Pennsylvania Senate. As with all
Pennsylvania legislation, the final Bill may bear little resemblance to
the current version of HB 2005. Nonetheless, given the importance of
this legislative initiative to the Rendell Administration, it would not
be unreasonable to expect that many parts of the "Prescription for
Pennsylvania," especially relatively non-controversial provisions such
as mandatory college student coverage, will ultimately be enacted. If
enacted, the Bill will be effective the first August 1 that is at least
180 days after the publication of the Commissioner's minimum health
benefits package (essentially, the next school year from six months
after the plan is in place).

While there is still much that can happen to the Bill, it would not be
premature for Pennsylvania colleges and universities to at least begin
an assessment of their own health insurance programs. Schools should
start to ask some basic questions, such as:

* Do we currently require our students to demonstrate that they
are covered by health insurance throughout their collegiate tenure? If
not, why not?
* How do we track student health insurance coverage? If needed,
could we easily demonstrate our compliance? Are we keeping any protected
health insurance information we receive from students secure and
confidential in accordance with state and federal laws governing this
information?
* Do we provide our students with an option to purchase a basic
health insurance package either on an individual or group basis?
* If we offer coverage, is our policy and insurance company
flexible enough to incorporate changes in state law that may require us
to offer a different coverage?
* If we offer students care through our own clinics and
facilities, will we be in a position to take advantage of the HB 2005
exception language, or will it be more cost-effective for us to provide
insurance through a licensed carrier (colleges and universities may not
be able to address this question until we know more about the
requirements of the minimum health benefits package)?

Colleges and universities may also want to explore providing input and
feedback to their legislators on this and related bills while they are
still in the formative phases.

1 The current version of the bill does not specify the manner in which
schools are to make insurance coverage available to students. Saul Ewing
will continue to monitor this aspect of the bill and will notify its
clients when this aspect of the bill is clarified.

2 The current version of the bill does not contemplate the consequences
of students who cannot afford to purchase insurance coverage.
Accordingly, it is not clear whether the school or the state would bear
the burden of providing insurance to those students to avoid the fines
imposed by the bill for noncompliance. Saul Ewing is aware of the
potential consequences of students that cannot afford insurance coverage
and will notify its clients when this issue is addressed and/or
resolved.

________________________________

Does anything go on YouTube

A fake video suggests a Halifax professor was pimping his family.From the CBC

No admittance for illegals?

The University of Texas Medical Branch in Galveston is considering ddenying cancer care to illegal immigrants.From the Galveston County Daily News