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March 20, 2008
An international conference on the humanities
Dear Colleague,
On behalf of the Conference Organising Committee, we would like to inform you of the:
THE SIXTH INTERNATIONAL CONFERENCE ON NEW DIRECTIONS IN THE HUMANITIES
Fatih University, Istanbul, Turkey, 15-18 July 2008
http://www.HumanitiesConference.com
The Humanities Conference and its associated Journal provides a space for dialogue and for the publication of new knowledge which builds on the past traditions of the humanities whilst setting a renewed agenda for their future.
Main speakers include Alparslan Acikgenc, Fatih University, Istanbul; Patrick Baert, University of Cambridge; Alice Craven, American University of Paris; Talat Halman, Bilkent University; and Ilber Ortayli, President of the Topkapi Palace Museum. The Conference will also include numerous paper, workshop and colloquium presentations by practitioners, teachers and researchers. We would particularly like to invite you to respond to the Conference Call-for-Papers. Presenters may choose to submit written papers for publication in the fully refereed International Journal of New Directions in the Humanities. If you are unable to attend the Conference in person, virtual registrations are also available which allow you to submit a paper for refereeing and possible publication the Journal, as well as access to the electronic version of the Conference proceedings.
The deadline for the next round in the call for papers (a title and short abstract) is 31 March 2008. Proposals are reviewed within four weeks of submission. Full details of the Conference, including an online proposal submission form, are to be found at the Conference website - http://www.HumanitiesConference.com
We look forward to receiving your proposal and hope you will be able to join us in Istanbul in July 2008.
Yours Sincerely,
Vassil Anastassov
Department of English Language and Literature
Fatih University
For the Advisory Board, International Conference on New Directions in the Humanities
***
If you have any inquiries about this conference, please send them by reply to this email. All emails are answered in person by one of our conference administrators within two working days.
March 20, 2008 | Permalink | Comments (0) | TrackBack
USLaw,com blogs
Academic Blog Posts
An Example of Bear Sterns's Conduct?
From Concurring Opinions on March 18 at 20:42
One might wonder, what type of
conduct could decimate an 85 year old bank like Bear Sterns? A recent
consumer protection case described by Rebecca Tushnet suggests an
answer (though I note for all our non-lawyer readers that a complaint
merely alleges, and do...
Third-Party Special Needs Trusts, Uniform Trust Code, and Disability Planning
From Wills, Trusts & Estates Prof Blog on March 18 at 13:35
Randy Drewett (Attorney at Law,
Randy Drewett, PC.) has recently published his article entitled SNTs in
a UTC Environment: Is Third-Party Disability Planning at Risk? 71 Tex.
B.J. 114 (2007). Here is an excerpt from his article: Third-party
special needs...
?Some Thoughts on Competitive Cheer?
From Feminist Law Professors on March 18 at 14:17
Go read them at the excellent Title IX Blog.
What the Opinions May Look Like in D.C. v. Heller
From Concurring Opinions on March 18 at 14:47
Predictions based on oral argument
are always highly tentative. With that caveat, here's my best guess
after listening to the Heller audio on C-SPAN:
A 5-1-3 decision in favor of Mr. Heller. A five-Justice majority
opinion authored by Chief Justice Rober...
Bear Stearns-JP Morgan Deal Coverage
From Securities Law Prof Blog on March 18 at 06:20
All the news is about JP Morgan
Chase's steal of a deal for Bear Stearns, so just peruse your favorite
news source. Both the NY Times and the Wall St. Journal give riveting
accounts of how the deal came together...
January 2008 Issue of Ethics
From Legal Theory Blog on March 18 at 10:27
Ethics Volume 118, Number 2 (January 2008) is now available at http://www.journals.uchicago.edu/toc/et/118/2
Beyond Price J. David Velleman Ethics January 2008, Vol. 118, No. 2:
191-212. Citation | Full Text | PDF Version (80 KB) True and Proper
Selves: Vellem...
Where's Lexington and Concord in D.C. v. Heller?
From Concurring Opinions on March 18 at 02:26
Mike O'Shea has thoughts on
tomorrow's argument in D.C. v. Heller below; here are my own. Despite
my recent posts on original understanding, I recognize that it's often
the most important interpretive method actually used by courts in
constitutional cases; and...
Schroeder on Macneil on Law and Popular Culture
From Legal Theory Blog on March 19 at 03:14
Jeanne L. Schroeder (Yeshiva
University - Benjamin N. Cardozo School of Law) has posted The People's
Court: A Review of Macneil, Lex Populi on SSRN. Here is the abstract:
William MacNeil's book is that rarest of rarae aves - a...
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March 20, 2008 | Permalink | Comments (0) | TrackBack
Student won't be expelled over online collaboration
March 20, 2008 | Permalink | Comments (0) | TrackBack
IIE Interactive Newsletter
IIE.Interactive: March 17-21, 2008
Email Newsletter for the IIENetwork Membership
In this Issue:
1. Goli Ameri Confirmed by U.S. Senate
2. New Book: Succeeding as an International Student
3. EducationUSA E-news for the U.S. Higher Education Community
4. New Report: Stay Rates of Foreign Doctorate Recipients
5. IIE at APAIE 2008 Conference in Tokyo
6. Reminder: Join the EducationUSA Gateway and Pavilion at EAIE
7. U.S. Foreign Policy Colloquium for Grad Students from China
8. Gilman International Scholarship Program
9. North American Research Linkages Program Competition
10. OSAC Seminar: Sign up for Study Abroad Health/Safety Seminar
================================================
Missed an IIE.Interactive? The online IIE.Interactive archives are available
at: http://www.iienetwork.org/?p=IIEInteractive
================================================
NEWS
================================================
Goli Ameri Confirmed by U.S. Senate
Ms. Goli Ameri, nominated by President Bush for Assistant Secretary of State
for Educational and Cultural Affairs (ECA), was confirmed by the U.S. Senate
on March 13.
Ameri is an Oregon businesswoman and the founder and president of eTinium, a
consulting and market research firm specializing in telecommunications. She
has served as a public member of the U.S. delegation to the 60th United
Nations General Assembly and a delegate to the 61st session of the UN
Commission on Human Rights. Ameri was born and raised in Tehran, Iran, and
holds bachelor's and master's degrees from Stanford University. She
succeeds Dina Powell, who resigned last summer.
President Bush's nominee for Under Secretary of State for Public Diplomacy
and Public Affairs, Mr. James K. Glassman, is awaiting confirmation by the
full Senate. His nomination was approved by the Senate Foreign Relations
Committee in February.
================================================
New Book: Succeeding as an International Student
Professor Charles Lipson's Succeeding as an International Student in the
United States and Canada is the latest in the University of Chicago Press
series "Chicago Guides to Academic Life," and is now available for
purchase.
Succeeding is designed to help students navigate the myriad issues they will
encounterfrom picking a program to landing a campus job. Based on Lipson's
work with international students as well as extensive interviews with
faculty and advisers, Succeeding includes practical suggestions for learning
English, participating in class, and meeting with instructors. In addition
it explains the rules of academic honesty as they are understood in U.S. and
Canadian universities.
Coming to a new country to study should be an exciting venture, not a
baffling ordeal. Now, with this trustworthy resource, international students
have all the practical information they need to succeed, in and out of the
classroom.
The book features a foreword by Allan E. Goodman, President and CEO of IIE.
To purchase copies of the book, please go to:
http://www.iiebooks.org/suasinstinun.html
================================================
EducationUSA E-news for the U.S. Higher Education Community
EducationUSA is pleased to announce EducationUSA - Higher Education
Institution e-news, designed for representatives of CHEA-recognized U.S.
colleges and universities interested in expanding their knowledge of
EducationUSA services and opportunities to recruit prospective international
students.
Through regular email notifications (average of one to two per month), you
will receive valuable information about educational advising around the
world, international student recruitment opportunities, scholarship
programs, and international education developments. You will also receive
timely announcements about State Department programs and grant opportunities
to increase internationalization efforts of your institution.
If you would like to receive the EducationUSA-HEI e-news, please send an
email to educationusa@state.gov along with your name, title, and the name of
your institution. Participants must send questions, contributions or
requests to educationusa@state.gov.
================================================
New Report: Stay Rates of Foreign Doctorate Recipients from U.S.
Universities, 2005
Michael Finn of the Oak Ridge Institute for Science and Education has
produced a new research report (through 2005) on the "stay rates" of foreign
nationals who earn their doctorate degrees in the United States.
Among the findings: Two-thirds of foreigners who received doctorates in
science and engineering from U.S. universities in 2003 still lived in the
United States two years later. That two-year stay rate peaked at 71% a few
years earlier, so this indicates a decline.
The five-year "stay rate" is still peaking, however. According to the
report, 68% of foreign citizens who received doctorates in 2000 were still
in the United States in 2005. That's up slightly from the previous peak
observed two years before.
The full report is available online:
http://blogs.knoxnews.com/knx/munger/030508stay.pdf
================================================
CONFERENCES
IIE at APAIE 2008 Conference in Tokyo
APAIE 2008 Conference:
"The Next Wave in Asia-Pacific Higher Education"
Tokyo, Japan
March 26-28, 2008
The APAIE conference in Tokyo is approaching soon, and IIE will have an
exhibit booth and will be represented in panel discussions and workshops. We
invite you to come and learn more about IIE's programs and to meet some of
the staff behind all these programs.
Represented will be: Daniel Obst, Director of Membership and Higher
Education Services; Shannon Bishop, Senior Program Manager, Membership and
Higher Education Services; Dr. Chalintorn Burian, Director of IIE/Southeast
Asia; and Dr. Irid Agoes, Director of IIE/Indonesia and the Indonesian
International Education Foundation (IIEF).
We look forward to meeting many of your there.
For more information, please visit the conference website at:
http://www.apaie.org/hoge2008piyo/
===============================================
Reminder: Join the EducationUSA Gateway and Pavilion at EAIE 2008
Registration Deadline: April 15, 2008
You are invited to participate in a new EducationUSA Pavilion at the 2008
European Association for International Education (EAIE) Conference that will
take place in Antwerp (Belgium) from September 10-13, 2008. Participation in
the Pavilion is open to accredited U.S. colleges and universities.
The goal of this effort is to increase the U.S. presence at the EAIE
conference, to promote higher education in the United States in a more
coordinated way, and to communicate to a European audience that U.S.
academic doors remain open. This is the first such effort, and we will start
small initially, the EducationUSA Pavilion will occupy the space of
roughly two exhibit stands.
Participating in the EducationUSA Pavilion will provide you with a more
cost-effective way to promote your institution. You can designate times when
you will be present at the Pavilion, and we will have a sheet of all U.S.
participants with designated meeting times available at the booth. Visitors
to the Pavilion will be able to sign up for appointments with you.
Professional EducationUSA advisers will be present at the Pavilion at all
times to discuss educational opportunities at the U.S. in general, and to
facilitate scheduling meetings.
We will also plan to organize a special USA Networking Reception for the
U.S. participants and partners. As a Pavilion participant you will receive
invitations that you can distribute to your partner institutions.
The participation fee is significantly lower than a stand-alone exhibit
booth and will help defray the costs associated with the exhibit booth,
booth furniture, the EAIE magazine ad, and the USA Networking Reception.
If you are interested in participating, please complete the registration
form at:
http://www.iienetwork.org/?p=EducationUSAPavilion
Registration Deadline: April 15, 2008. Space is limited, but a minimum of 8
participating U.S. campuses is required.
With questions, please contact:
Wes Teter
Regional Educational Advising Coordinator (REAC), Europe EducationUSA
Phone: +49-(0)30-284-443-31
Email: reac@fulbright.de
===============================================
DATES & DEADLINES
===============================================
U.S. Foreign Policy Colloquium (FPC) for Graduate Students from China at
U.S. Campuses
Application Deadline: April 1
The U.S. Foreign Policy Colloquium (FPC), now in its 6th year, is a
three-day, wide-ranging look at American foreign policy, the range of
factors that help shape it, and how it affects Americans and non-Americans
alike. Sponsored by the National Committee on US-China Relations and George
Washington University, the FPC features leading policy makers from key
fields.
PRC graduate students enrolled at or just graduated from U.S. universities
in all majors (including arts and sciences) are eligible to apply. The FPC
will be held at the Elliott School of The George Washington University in
Washington, D.C., beginning the afternoon of Wednesday, June 4 through
Saturday morning, June 7. Competence in spoken English is required.
Background in foreign policy or political science is NOT required.
All food and lodging are provided free of charge. For more information and
the application, please visit: http://www.ncuscr.org/FPC/FPChome.htm.
================================================
Gilman International Scholarship Program Online Application Now Open
Application Deadline: April 15, 2008
The Gilman International Scholarship Program provides awards of up to $5,000
for U.S. undergraduate students to study abroad for up to one academic year.
The program aims to diversify the kinds of student who study abroad and the
countries and regions where they go. The program serves students who have
been under-represented in study abroad which includes but is not limited to:
students with high financial need, community college students, students in
under-represented fields such as the sciences and engineering, students from
diverse ethnic backgrounds, students attending minority-serving
institutions, and students with disabilities.
The Gilman International Scholarship Program is sponsored by the U.S.
Department of State, Bureau of Educational and Cultural Affairs and
administered by the Institute of International Education.
For more information, full eligibility criteria and the online application
visit: http://www.iie.org/gilman.
================================================
North American Research Linkages Program Competition
Application Deadline: May 1, 2008
The Canadian Embassy is pleased to launch the second competition under the
North American Research Linkages Program. This program aims to foster the
development of permanent exchange networks between North American academic
institutions. Up to $20,000CDN will be available to teams of researchers
from Canada, the U.S. and Mexico to allow them to meet and exchange ideas
and information on a timely topic. The idea is to encourage collaborative
research on North American cooperation among scholars from the three
countries.
Please note that all projects/events for which funding is sought must be
completed by March 31, 2009.
For detailed information on the competition, including information on
eligibility requirements and application procedures, please consult the
Embassy's website:
http://geo.international.gc.ca/can-am/washington/studies/narl-en.asp.
================================================
STUDY ABROAD
===============================================
OSAC: Sign up for Study Abroad Health/Safety Seminar in Paris
Spring 2008 Europe University and College International Safety/Security and
Health Seminar for Study Abroad
Paris, France
March 28, 2008
This free, one-day seminar will be provided to address the issues of on-site
study abroad program providers for U.S. college students. The program will
focus on issues for U.S. and European colleges and universities providing
programs for U.S. students as well as non-university study abroad providers.
Through support from sponsors, there will be no cost to attend, and a
pre-workshop networking reception will be hosted on Thursday evening, March
27th. A continental breakfast and lunch will provided to attendees during
the workshop.
Please RSVP as soon as possible to:
Elena Carrington, Regional Coordinator
Overseas Security Advisory Council, U.S. Department of State
Email: CarringtonEA@state.gov
Phone: (571) 345-2228
You are subscribed to www-announce. To unsubscribe go to:
http://www.iienetwork.org/?ct=member&m_v=lusub&m_rt=WGList&m_rid=1885
If you have problems accessing the above link, visit the main site below.
--
This message is a service of IIE Network
http://www.iienetwork.org
March 20, 2008 | Permalink | Comments (0) | TrackBack
An update on NACUA workshops
April One-Day CLE Workshop
Legal Issues in Organizing & Operating Overseas Programs <http://www.nacua.org/meetings/oneday2008/description.html>
Friday, April 11, 2008
The Peabody Memphis Hotel
Memphis, TN
Register by Friday, March 21 to receive the Early Registration Rate <http://www.nacua.org/meetings/oneday2008/register.html>
Special Rate for Multiple Attendees
NACUA is pleased to offer a special rate for multiple attendees from the same member institution. Once a member attorney has registered, additional attorneys and administrators from the same institution may register at a special, reduced registration rate of $199. Click here to register! <http://www.nacua.org/meetings/oneday2008/register.html> Feel free to invite your Director of International Education or other administrators involved in your overseas programming to this specialized workshop.
About the Program
This one-day program will review the key issues in establishing and
operating college and university international programs, including:
* Getting Started: An Overview of Issues to Consider When Planning Overseas Programs
* Student Safety, Security, Health and Medical Issues
* Employment Issues in Overseas Programs
* Immigration, Compensation and Contract Issues
* Risk Management Issues
* Conducting Research and Sponsored Programs Overseas
* Student Affairs Issues in Overseas Programs
* Operating Programs in China: Opportunities and Challenges
* Legal Ethics Issues and Potential Conflicts for Counsel
Click here to view a detailed program schedule. <http://www.nacua.org/meetings/oneday2008/schedule.html> Please join your NACUA colleagues and an experienced group of NACUA panelists for this in-depth look at the key legal, risk management and compliance issues in college and university overseas programs.
Who Should Attend?
This program will be of interest to college and university counsel responsible for legal issues related study abroad and other overseas programs. The Campus administrators who may benefit from the program include study abroad coordinators, senior administrators with line responsibility for international programs, managers of international and study abroad programs, campus risk managers, human resources administrators, and business affairs managers, and other academic administrators with responsibility for overseas programs. After reviewing the program schedule, members may wish to consider inviting these or other administrators on their campus to join them for the program.
Publications
We are pleased to offer discounts on selected NACUA publications to all Workshop Registrants. Click here <http://www.nacua.org/meetings/oneday2008/publications.html> for additional information and to access the publications order form.
Hotel Accommodations
The Peabody Memphis
149 Union Avenue
Memphis, TN
To make reservations at the NACUA conference rate of $189 per night (single/double) please call (901) 529-4000 by Friday, March 21. Cancellations must be made by 6:00 p.m. the day before arrival to avoid penalty.
Questions about this workshop or an upcoming NACUA event? Contact Meredith McMillan at 202-833-8390 or via email at mmc@nacua.org <mailto:mmc@nacua.org?subject=NACUA's%20April%202008%20CLE%20Workshop> .
All NACUA members receive periodic email communications regarding upcoming NACUA member events and benefits. To unsubscribe from these emails, click here <http://www.nacua.org/email/> .
National Association of College and University Attorneys ● One Dupont Circle, NW, Suite 620 ● Washington, DC 20036
March 20, 2008 | Permalink | Comments (0) | TrackBack
An international conference in South Carolina in October
We are very pleased to announce that the 2008 CAI International
Conference will be held at Kingston Plantation in Myrtle Beach, SC. The
conference will take place on Thursday- Saturday, October 16-18, 2008. As the
conference theme and details are finalized, more information will be available
on the website.
DJONES1@EXCHANGE.CLEMSON.EDU
March 20, 2008 | Permalink | Comments (0) | TrackBack
From UT to UC?
University of Texas Chancellor may become University of California Prez.From the LA Times
March 20, 2008 | Permalink | Comments (0) | TrackBack
Texas Southmost College and the Fed settle dispute over border fence
March 20, 2008 | Permalink | Comments (0) | TrackBack
Congress is said to be bracing for student-loan crisis
From the Chronicle of Higher Education
March 20, 2008 | Permalink | Comments (0) | TrackBack
St. Olaf's College and WCAL score a win
Contact:
SaveWCAL@hotmail.com
http://SaveWCALLiveJournal.com
SaveWCAL Wins a Victory for Public Radio Supporters and WCAL Donors
Northfield, Minn.—A Special Master report submitted on March 7, 2008 to the Rice County (Minn.) District Court is an important victory for supporters of and donors to public radio station WCAL and St. Olaf College, according to Ruth Sylte, the president of SaveWCAL, an organization representing the donors to WCAL.
“It is a very good day for supporters of public radio and thousands of SaveWCAL supporters!” said Sylte. “The report confirms that listener donations and support do matter.”
WCAL 89.3 FM was the first listener-supported radio station in the U.S. and a founding member of National Public Radio (NPR). Until its controversial sale, the station broadcast for more than 80 years from the St. Olaf campus in Northfield, Sylte explained. WCAL’s major assets—a 100k watt C-1 FM license, Rosemount broadcasting tower and translator station KMSE 88.7 in Rochester—were sold on November 21, 2004 over the objections of thousands of donors and listeners for a reported $10.5 million by its trustee, St. Olaf College, to Minnesota Public Radio (MPR).
The Special Master’s Report, containing more than 130 separate Findings of Fact and making Recommended Conclusions of Law on the subject of the Petition and Amended Petition filed by St. Olaf College regarding the WCAL charitable trust, includes the following highlights:
- The report recognizes that the WCAL donors created a charitable trust throughout more than 80 years of support to the station. This is exactly the position that SaveWCAL has advocated since the beginning of the current proceeding and, indeed, since October 5, 2004 when the organization specifically asked the Minnesota Attorney General to intervene in the sale of the trust's assets and the Attorney General declined. In fact, Special Master Judge Gary J. Meyer (ret.), specifically noted in his Memorandum that:
"The [Minnesota] Attorney General notes that St. Olaf has not formally petitioned the court regarding the proceeds of the sale of WCAL assets to MPR. But St. Olaf takes the position that none of the proceeds of the sale are subject to any restriction and that St. Olaf is entitled to use the proceeds for any purpose it desires. Thus, it is unlikely that St. Olaf would ever bring a petition asking for direction from the court regarding these funds. Although the Attorney General clearly could have, and perhaps should have, brought a petition to the court, they have not done so. Instead, the court is left with the current petition, which, in the interests of justice, must be expanded to include additional funds not specified in the petition." [Emphasis added by SaveWCAL.]
- The report also finds that the assets that currently comprise the trust are far greater than what St. Olaf College had represented to the court in its Petition and Amended Petition. St. Olaf claimed that it held $1.36 million in the WCAL endowment and that it should have unrestricted access to approximately $860,000 of that amount with approximately $500,000 restricted to "Core WCAL Activities." The Special Master has found that the WCAL charitable trust has assets in excess of $5 million and that the use of those assets should be restricted to "Core WCAL Activities."
- The
Special Master did not include the value of WCAL's FM license as an
asset of the trust claiming that "it is impossible to discern from the
record what assets were purchased with which funds or, most likely,
combination of funds."
Sylte pointed out that the report fails to recognize the fact that the license itself would have been lost long ago but for the support of WCAL donors. In order to renew its license, St. Olaf had to demonstrate to the FCC that the station was serving the public interest. It was able to do so, Sylte asserted, only because of the magnificent support of the WCAL donors. Indeed, the Special Master's Findings of Fact states:
"WCAL and St. Olaf had agreed on a goal of decreasing the St. Olaf cash contributions to WCAL and of eliminating them by 2005. From 1993 to 2004, St. Olaf's contributions to WCAL decreased from $350,000 (which was 21% of the 1993 WCAL operating budget) to $130,000 (which was 5% of the 2004 WCAL operating budget)."
As another example, Sylte related that the station would have been completely lost in 1924 if supporters had not raised the money to save WCAL after the College announced that it did not have the funds to operate the station. The station would have been lost a number of times without the donations of listeners, without which there simply would have been no license and therefore no assets for St. Olaf to sell in 2004.
Sylte also pointed out that St. Olaf College attorneys, in an attempt to prevent information that SaveWCAL supporters (or any member of the general public) might find from reaching the Court and the court-appointed Special Master, have been denying unrestricted public access to the college's archives, in direct conflict to the college's stated policy, since December 7, 2007.
- The report also does not address the trust status of the building in which WCAL was housed that was built, not with funds from St. Olaf College, but solely from the donations of WCAL listeners.
The submission of the Special Master’s report is yet another step—a large one—in SaveWCAL’s lengthy and continuing journey of more than three and a half years to obtain justice on behalf of the tens of thousands of WCAL donors, living and deceased, who gave millions of dollars to build and maintain a "unique and priceless public radio station" for more than eight decades, said Sylte. "The process is still continuing. We will continue to advocate that the WCAL charitable trust also includes the proceeds from the sale of the broadcast license. "
“Our efforts remain grounded in a deep affection for the college.” added Sylte. SaveWCAL's primary goal has been to preserve the WCAL station and/or its charitable trust, preferably to spiritually, financially and educationally benefit its historical home institution, St. Olaf College, she said. “What we have achieved thus far,” Sylte continued, “benefits St. Olaf by assuring its donors that they have a right to be heard and that their intentions should continually be honored.”
The
parties now await instructions from Rice County District Court Judge
Gerald Wolf regarding how the hearing on the St. Olaf Petition and
Amended Petition will proceed. Judge Wolf, who is presiding over the
case, has the authority to accept or modify the Findings of Fact,
Conclusions of Law and proposed Order. A hearing is expected to be
scheduled soon.
BACKGROUND / TIMELINE
- In August 2004 St. Olaf College suddenly announced that it would sell the license and Rosemount broadcasting tower of WCAL 89.3 FM radio station—the first listener-supported radio station in the USA—and its translator station, Rochester’s KMSE 88.7, to MPR for a reported $10.5 million. In spite of strong opposition, including a petition to St. Olaf with more than 5,000 signatures and unsuccessful pleadings before the FCC, the station was sold to MPR and ceased broadcasting as WCAL/KMSE on November 21, 2004 – just three days after the 82nd anniversary of the station’s official founding.
- At the time, St. Olaf College was holding at least $2.96 million in endowment funds for the benefit of WCAL radio station.
- On December 28, 2006 St. Olaf College filed a Petition in Rice County (Minn.) District Court seeking a release of all restrictions on two categories of gifts in the WCAL charitable trust endowment that it now classified as the restricted non-endowment gifts and the undocumented gifts. When the gifts were made, the College placed the gifts in both categories in the WCAL endowment. It asserted in its Petition that the donors of the gifts in the first category did not specifically direct St. Olaf to place their gifts in the WCAL endowment. As for the second category, St. Olaf claimed that it was not able to find documents to explain the decision the College made to place the gifts in the WCAL endowment. The College asserted that total market value of the gifts in both categories as of April 30, 2006 was approximately $961,000.00. [This leaves at least $1,939,000 of the WCAL charitable trust endowment funds listed in 2004 still unaccounted for.]
- On January 12, 2007 the Minnesota Attorney General's office responded to the filing in a letter to St. Olaf College, raising some technical questions about the Petition. This caused St. Olaf to request a continuance of the scheduled hearing and the hearing was rescheduled for March 8, 2007.
- On February 27, 2007 SaveWCAL attorney Michael W. McNabb sent a five page Letter Memorandum to the Rice County District Court to inform the Court of issues related to the Petition filed by St. Olaf. The letter stated, "A thorough investigation will reveal that the court has the facts and the law to declare that the assignment of the license for 89.3 FM to MPR is void on the grounds that (1) it was a breach of its fiduciary duty as trustee for St. Olaf to create the circumstances which rendered it impossible to honor the intention of the donors and (2) St. Olaf failed to obtain the authorization of the court to terminate the charitable trust as required under Minn. Stat. 501B.41 subd. 2 and therefore St. Olaf did not have the lawful authority to assign or sell the assets of the WCAL charitable trust. In the alternative, the court could declare that the WCAL endowment fund (all $2.9 million) and the $10.5 million received from MPR constitute part of a continuing charitable trust and that pursuant to Minn. Stat. 501B.31 subd. 2 the trust must be administered to accomplish as nearly as possible the intention of the donors. "
- On March 6, 2007 just seven days after McNabb sent his Letter Memorandum to the Rice County District Court, St. Olaf College suddenly submitted an Amended Petition which completely removed St. Olaf's previous assertions of the WCAL charitable trust funds as a "charitable trust". Also removed was one exhibit previously submitted by St. Olaf after an heir of the donor notified the Attorney General and Court that what St. Olaf had presented in its Petition was not the wishes of the donor.
- On March 8, 2007 SaveWCAL attorney Michael McNabb received the permission of the court to participate in the hearing. Additional hearing sessions were held on April 13 and May 25.
- On October 16, 2007 Rice County District Court Judge Wolf issued two Orders. The first Order and Memorandum indicated that the Judge is reserving a decision on the St. Olaf Amended Petition pending the result of a full investigation by a special master appointed by the second Order to, among other things, "investigate and determine the amount of assets and donations that are attributable to WCAL...” without limitation. The order also confirmed the standing of SaveWCAL as a representative of the WCAL donors. It should be noted that SaveWCAL was the only party in the case to request that a special master be appointed and that a full investigation take place.
- On October 22, 2007 Judge Gary J. Meyer (ret.) accepted the appointment of Judge Wolf as Special Master for the St. Olaf College Petition. The Special Master was instructed to report his findings and his recommendation to the Court within 60 days of his appointment. The Special Master was also instructed that he could request additional time in order to complete the investigation. On December 17, 2007 Judge Wolf issued an Order extending the deadline for the Special Master to submit his report and recommendations to February 15, 2008. On February 15, 2008 Judge Wolf signed another Order extending the deadline for the Special Master's report to March 15, 2008.
Documents
submitted to the Rice County District Court Special Master by the
various parties (Minnesota Attorney General, St. Olaf College and
SaveWCAL) are available for download in PDF format at: http://savewcal.livejournal.com/104585.html
# # # #
SaveWCAL
is a 501(c)(3) non-profit organization that grew out of St. Olaf
College's decision to sell essential and irreplaceable assets of the
WCAL charitable trust, thus destroying the first listener supported
public radio station in the USA—a founding member station of National Public Radio (NPR) and a leading member of AMPERS (now Minnesota Independent Public Radio).
Since 2004, St. Olaf has been attempting to dismantle the trust and repurpose millions of dollars in funds given to the WCAL charitable trust by tens of thousands of donors over the course of more than 80 years.
SaveWCAL is made up of WCAL donors and listeners, St. Olaf College students, alumni, staff, faculty, parents and friends who care deeply about the station and its service to the college and the community. Our intention has always been to save the station to benefit the college—spiritually, historically, financially and educationally. More than 5,000 individuals signed the SaveWCAL petition in 2004.
For further information, see http://SaveWCAL.LiveJournal.com
March 20, 2008 | Permalink | Comments (0) | TrackBack
March 18, 2008
Nacua sqibs, documents, events
Good day NACUA members. NACUA is pleased to send you this update of
higher education cases reported during the weeks of March 10 - 15, 2008.
To access the complete text of the highlighted cases, click on the case
name and enter your NACUA username and password. If you have forgotten
your NACUA website password, please click here
<http://www.nacua.org/cvweb/forgot_password_form.asp> and it will be
sent to you via email. If you have any problems logging into the cases,
contact us at techsupport@nacua.org <mailto:techsupport@nacua.org> .
Cases in this weekly update may always be accessed on NACUAWEB
<http://www.nacua.org/lrs/casehighlights/casehighlights.asp> . The web
page is updated daily by the NACUA staff. NACUA thanks West for
assisting us in making this service available to NACUA members. (Note:
this message is best viewed in HTML format. If you have difficulty
viewing the message or using the links, click here
<http://www.nacua.org/casehighlights/index.asp> to access the message
text on the NACUA web page).
Emotional Distress
House v. Hicks, (Or.App.)
<http://www.nacua.org/westlaw/newcases/westredirect.asp?WestlawPath=www.
westlaw.com/find/default.wl&serialnum=2015406063&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
March 13, 2008: Emotional Distress - The conduct of a university
employee in reporting a plaintiff's repeated unwanted contacts with the
employee to campus and city police was not extreme or outrageous, as
necessary to support the plaintiff's claim for intentional infliction of
emotional distress (IIED). While portions of the employee's complaint
might have been false or incomplete, the reporting was favored by
statute, the false particulars were collateral to the core of complaint,
and most of the falsities were not particularly stigmatizing or likely
to inflict severe emotional distress. The university's exclusion of the
plaintiff from the campus for 18 months was likewise not extreme or
outrageous.
Labor and Employment
Isse v. American University, (D.D.C.)
<http://www.nacua.org/westlaw/newcases/westredirect.asp?WestlawPath=www.
westlaw.com/find/default.wl&serialnum=2015321390&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
March 13, 2008: Labor and Employment - A university in the District of
Columbia was not entitled to summary judgment on a pro se claim by a
Muslim former shuttle bus driver of Somalian national origin that he was
wrongfully terminated under Title VII. While the driver failed to show
he was treated differently than similarly situated employees outside the
protected classes, a fact issue as to whether he was performing at or
above his employer's legitimate expectations precluded summary judgment
based on his failure to establish a prima facie case of discrimination.
The university's proffered reasons for the driver's termination,
including two disciplinary warnings and the underlying safety
violations, his alleged disobedience of his supervisors' direct
instructions not to deviate from a particular route without prior
authorization, and his alleged misrepresentation in denying to his
immediate supervisor that he had deviated from the normal route, were
legitimate and nondiscriminatory. At the pretext stage, genuine issues
of material fact existed as to whether the driver's immediate supervisor
made anti-Muslim and anti-Somalian comments and refused his request for
religious accommodation in the form of scheduling his Friday lunch break
around Muslim prayer sessions, whether his next-level supervisor's
decisions to discipline and terminate him were insulated from his
immediate supervisor's influence and bias, whether he in fact committed
he safety violations for which he was disciplined on two occasions, and
whether he was aware that turning left on a particular road constituted
a deviation from the approved route,
Jackson v. Norman, (C.A.1)
<http://www.nacua.org/westlaw/newcases/westredirect.asp?WestlawPath=www.
westlaw.com/find/default.wl&serialnum=2015249304&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
March 12, 2008: Labor and Employment - A terminated tenured professor's
due process rights were not violated at the pre-termination stage. The
professor had an opportunity to present testimony and cross-examine
witnesses at the pre-termination hearing. The post- termination
procedures provided an adequate means for the professor to complain
about the decisionmaker's alleged bias. Additionally, the professor had
adequate notice that the charges against him could result in dismissal.
Limitations
Carter v. University of Connecticut, (C.A.2 (Conn.))
<http://www.nacua.org/westlaw/newcases/westredirect.asp?WestlawPath=www.
westlaw.com/find/default.wl&serialnum=2015257306&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
March 11, 2008: Limitations - A doctoral candidate's amended complaint
and affidavit challenging university's rejection of his dissertation did
not refer to any wrong, relationship, or contact with university after
it terminated him. Thus, the continuing course of conduct doctrine could
not be used to suspend Connecticut's three year personal injury statute
of limitations.
Torts
Steinbuch v. Cutler, (C.A.8 (Ark.))
<http://www.nacua.org/westlaw/newcases/westredirect.asp?WestlawPath=www.
westlaw.com/find/default.wl&serialnum=2015411841&dbe=RL%5E+LAY6LF%40F&SV
=FULL&findtype=Y&sp=nacua%2D1000&spou=http%3A%2F%2Fwww%2Enacua%2Eorg%2Fw
estlaw%2Fnewcases%2Fwestredirect%2Easp&rs=WNL2.0&vr=1.0>
March 11, 2008: Torts - A law professor failed to show that a parent
company dominated or controlled its subsidiary publisher, so as to
warrant exercise of general jurisdiction over parent company in
professor's Arkansas action against parent company for invasion of
privacy and intentional infliction of emotional distress. The professor
had brought the action against the author, publisher, and distributor of
fictionalized novel. The novel, entitled "The Washingtonienne," was
allegedly based upon the author's sexually explicit encounters with
numerous men in Washington, D.C. One of those individuals allegedly
included the professor while he served as counsel on the United States
Senate Judiciary Committee, although the book never referred to the
professor by his name or by his initials. Unbeknownst to the professor,
the author had originally chronicled such encounters on her internet
weblog. The professor had failed to furnish factual evidence in response
to the parent company's denial of continuous and systematic contacts in
the state, and as such, he fell short of establishing a prima facie case
of general jurisdiction.
Other New Documents and Cases on NACUA.WEB:
Copyright: A.V. et al. v. iParadigms, LLC
<http://www.nacua.org/documents/AV_v_iParadigms.pdf>
Complete text (24 pages) of decision by U.S. District Court (E.D. VA) in
copyright infringement suit brought by high school students against the
operator of Turnitin.com, a plagiarism detection service used by high
schools and institutions of higher education. Plaintiffs were required
by their school districts to submit their written works to Turnitin.com
or they would receive no credit for the assigned works. Plaintiffs
alleged that defendant's action in archiving their submitted works for
use in subsequent plagiarism detection searches infringed their
copyrights in those works. The court holds that defendant cannot be held
liable for any damages for copyright infringement because of the terms
of the clickwrap agreement to which each plaintiff agreed in order to
use the service and submit their works. The court also holds that even
if the clickwrap agreement did not preclude liability, defendant's use
of plaintiffs' copyrighted works constitutes fair use.
P2P File Sharing: HEA Reauthorization
Complete text of letters
<http://www.nacua.org/documents/copyrightinfringementletter0308.pdf>
sent to chairman and ranking minority members of the House and Senate
Committees on Education and Labor by the American Council on Education
(ACE) on behalf of 13 higher education associations. The letters express
support for provisions in the pending bills re-authorizing the Higher
Education Act (HEA) that would require colleges and universities to
inform their students about campus policies on copyright infringement,
but strongly oppose language contained in H.R. 4137
<http://www.nacua.org/documents/hr4137.pdf> that would require
institutions to develop plans to provide alternative music and movie
services and implement technological measures to deter illegal file
sharing.
ADA and Sec. 504: Consent Decree re University of Michigan Stadium
<http://www.nacua.org/documents/MichiganParalyzedVets_v_UMich_ConsentDec
ree.pdf>
Complete text (30 pages) of consent decree entered by the U.S. District
Court (E.D. Mich) between plaintiff Michigan Paralyzed Veterans of
America, plaintiff-intervenor U.S. Department of Justice, and defendant
University of Michigan. Plaintiffs had alleged that the university was
in violation of the ADA and Sec. 504 because it failed to provide
accessibility to the University's football stadium for individuals with
disabilities, including individuals using wheelchairs, and failed to
make required alterations and additions to the stadium to ensure
accessibility. The university denies any violation of the ADA or Sec.
504. Under the terms of the consent decree, by 2010 at least 329
wheel-chair accessible seats, plus companion seats, will be available in
several areas of the stadium. The consent decree addresses required
alterations and additions, site arrival points, concourse approach
routes, wheelchair seating locations, ticketing policies for individuals
using wheelchairs and their companions, restroom facilities, parking,
staff training, publicity, other stadium facilities and services, and
monitoring and enforcement of the consent decree.
Athletics: NCPA Survey on Athletic Program Medical Policies
<http://www.nacua.org/documents/NCPASurvey.pdf>
Complete text of survey sent by the National College Players Association
(NCPA) to 119 NCAA Division I institutions seeking information on
institutional medical insurance policies for student athletes. The NCPA
intends to grade each institution on the basis of its response to the
survey (page 2 of survey). Institutions that do not respond by March 31
will be designated as having refused to disclose the requested
information. The NCAA <http://www.ncaa.org/wps/portal> has written a
letter <http://www.nacua.org/documents/NCAALetter_Re_NCPASurvey.doc> to
the NCPA explaining that it cannot endorse the survey.
NACUA Events and Publications
* Registration is now open for NACUA's April One Day CLE Workshop Legal
Issues in Organizing and Operating Overseas Programs
<http://www.nacua.org/meetings/oneday2008/description.html> , scheduled
for Friday, April 11 at the Peabody Hotel in Memphis, Tennessee. To
view a detailed workshop schedule, click here
<http://www.nacua.org/meetings/oneday2008/schedule.html> . To register,
click here <http://www.nacua.org/meetings/oneday2008/register.html> .
We are proud to announce NACUA's latest publications:
* NEW! Who Are Your Faculty and Staff? Background Checks in Academe
<http://www.nacua.org/cvweb/CGI-BIN/MSASCARTdll.dll/ProductInfo?productc
d=EMPLOYEE_BACKGROUND> by Barbara A. Lee, Steven D. Frenkil, Sandra J.
McLelland, and Dickens Mathieu.
* NEW! Student Risk Management in Higher Education: A Legal Compendium
<http://www.nacua.org/CVWEB/CGI-BIN/MSASCARTdll.dll/ProductInfo?productc
d=STUDENT_RISK_BINDER> by Kimberly J. Novak and Art M. Lee.
* NEW! Legal Issues in Distance Education
<http://www.nacua.org/cvweb/CGI-BIN/MSASCARTdll.dll/ProductInfo?productc
d=DISTANCE_EDUCATION> , a compendium edited by NACUA members Deborah C.
Brown, John R. Przypyszny, and Katherine R. Tromble.
* NEW! The NACUA Handbook For Lawyers New to Higher Education, 2d
Edition
<http://www.nacua.org/cvweb/CGI-BIN/MSASCARTdll.dll/ProductInfo?productc
d=NEW_LAWYERS_HANDBOOK> edited by NACUA member William Thro and NACUA
Assistant Director of Legal Resources Melissa Rooker.
* NEW! Immigration Law: Issues for Faculty and Staff, 2007 Update
<http://www.nacua.org/cvweb/CGI-BIN/MSASCARTdll.dll/ProductInfo?productc
d=IMMIGRATION> by NACUA members Mark B. Rhoades and Helen L. Konrad.
* NEW! Contracting for Large Computer Software Systems
<http://www.nacua.org/cvweb/CGI-BIN/MSASCARTdll.dll/ProductInfo?productc
d=COMPUTER_SOFTWARE> by NACUA members Wesley D. Blakeslee and Dennis J.
Gallitano.
Karl F. Brevitz
Director of Legal Resources
National Association of College and University Attorneys
One Dupont Circle, Suite 620
Washington, DC 20036
(202) 833-8390
(202) 296-8379 (fax)
kfb@nacua.org
March 18, 2008 | Permalink | Comments (0) | TrackBack
March 18th Greentree Gazette e-zine
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March 18, 2008 | Permalink | Comments (0) | TrackBack
A Global Performance Forum
Good Afternoon,
I wanted to share some information with you regarding Global Performance Forum II- Innovations in Performance Management, April 29-May 1, 2008. Over 30 session and six tracks covering:
*Finance- Planning, Budgeting and Forecasting
*Performance Reporting
*Strategy amd Management Execution
*People- Aligning Human Capital
*Business Intelligence
*Process Management
May I send you the full agenda?
Best Regards,
Byron Mignanelli
Global Strategic Management Institute
www.gsmiweb.com
o. 888.409.4418
f. 619.269.4924
To be removed from future mailings, please write "DNC" in the subject line.
Global Strategic Management Institute
1804 Garnet Ave.
Suite #492
San Diego, CA 92109
March 18, 2008 | Permalink | Comments (0) | TrackBack
Copyright Clearinghouse Invitation
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March 18, 2008 | Permalink | Comments (0) | TrackBack
Foundation for Defense of Democracy Newsletter
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