Higher Ed Law Prof Blog

New Law #5: At least in Texas, there's life after theft

A scandal that began in 2006 when a TSU regent complimented Priscilla Slade's choice of home furnishings ended Wednesday with a deal that lets the ousted leader of Texas' largest historically black university avoid prison in exchange for paying back $127,672.18.

It is only a fraction of the $500,000 in school money Slade was accused of spending, lavishly and improperly, on herself. Her first trial ended last year in a mistrial, and the former, much-beloved president was scheduled to again face judgment Friday.Read the rest of this story from the Houston Chronicle.

New Law #4: At least in Texas, there is life after a felony

Ex-Regent Margraves picked for post

By MATTHEW WATKINS
Eagle Staff Writer

Ross Margraves Jr. -- who was convicted of felony misconduct more than a decade ago for his actions as a Texas A&M University Regent and later pardoned -- has been recommended for a board position at the system's Galveston branch.

Regents will vote on his appointment to the Texas A&M at Galveston Board of Visitors at its meeting Thursday, according to the agenda.Read the whole story in the Eagle student newspaper.

New Law #3: NJ community colleges are the latest targets in the bullseye, as regulators continue to stalk higher education

TOMS RIVER — Ocean County College officials are working to put together a mountain of records sought by the State Commission of Investigation, part of what they believe to be a statewide community college probe coming on the heels of a scathing report of abuse at the state's senior public colleges.

"Obviously the commission has taken an interest in education," said SCI spokesman Lee Seglem, pointing to its probe of under-reported salaries and benefits for public school administrators, and the October report of abuses at the taxpayer-supported public colleges and universities.

Seglem said he could neither confirm nor deny that the probers are now focused on the community colleges, but OCC officials say they have been asked for financial and other records dating back many years.Read the rest of this story in the Asbury Park Press.

New Law #2: The University of Phoenix

1. An event focuses on the university's phenomenal success.Learn about it here.

2. Meanwhile, a billion buck qui tam action continues to haunt UOP.Read the latest on this persistent lawsuit here.

New Law #1: Foundation licks John Wiley

In a ruling this week, a federal judge sided with a scholarly organization that found itself in an ugly spat with John Wiley & Sons, which has published the organization's journal for two decades.

The organization, called the Direct Marketing Educational Foundation, publishes the quarterly Journal of Interactive Marketing for scholars who study marketing. Organization officials informed Wiley in February 2007 that they would not renew their contract with the publisher, set to expire in December of that year, and would seek proposals from other publishers. Organization officials told their readers six months later that they planned to move the journal to Elsevier at the beginning of this year.Read the rest of this story in the Chronicle of Higher Education

Direct Marketing Educ. Foundation, Inc. v. John Wiley & Sons, Inc.,
Slip Copy, 2008 WL 650288, S.D.N.Y., March 11, 2008 (NO. 08 CIV. 1464(LMM))

McKENNA, District Judge.

1.
*1 Plaintiff, Direct Marketing Educational Foundation, Inc. (“Plaintiff” or “DMEF”), commenced this action, seeking preliminary injunctive relief that would prohibit Defendant, John Wiley & Sons, Inc. (“Defendant” or “Wiley”) from publishing a journal using Plaintiff's mark, JOURNAL OF INTERACTIVE MARKETING (“the Journal”) (Registration No. 2,177,647), without first submitting the content thereof to DMEF for its approval of the Journal's quality. (Plaintiff's Memorandum in Support of Motion 1.) For reasons set forth below, Plaintiff's motion for preliminary injunctive relief is granted.FN1

FN1. The Court declines to follow Plaintiff's counsel's suggestion at oral argument that this Court, pursuant to F.R.C.P. 65, consolidate the preliminary injunction hearing with the trial on the merits. The Court will make no decision on the merits beyond the preliminary injunction motion which is at issue.

2.
DMEF and Wiley entered into a contract in August 1988 for the publication and distribution of the Journal by Wiley in conjunction with DMEF. (Compl.¶ 11.) Throughout the duration of the contract, Wiley was “responsible for the non-editorial affairs,” while the DMEF-selected Editorial Board retained responsibility “for all editorial functions of the Journal receiving such guidance from DMEF ...” (Compl.¶ 17.)

In February 2007 Plaintiff provided Wiley with a written notice of non-renewal of their contract. (Compl.¶ 27.) The parties established by contract that the initial term of the contract would end December 31, 2007, followed by a one-year transitional period. (Compl.¶ 18.) Plaintiff acknowledges that under the plain terms of the contract, Defendant has a license to use DMEF's mark as the title of its publication for a transitional period of one year following non-renewal by either party. (Compl.¶ 16.) The contract is silent, however, as to which party will have editorial control during the transitional year.

Plaintiff argues that it should retain editorial control during the year of transition; the Defendant, in turn, argues that the contractual language, in addition to allowing for its continued publication by Wiley under the mark, bestows full editorial control upon Wiley as well.

3.
In the Court's view, both parties have been effective in articulating their arguments, particularly in light of the ambiguous contractual language. Ultimately, however, this is a question of trademark law, and the law with respect to the issue of quality control speaks quite clearly, irrespective of the contract's silence.

Federal courts within this jurisdiction have unequivocally declared it unlawful for that a trademark owner to grant of a license to a licensee for the use of a mark without the retention of supervisory control. See Susser v. Carvel Corp., 206 F.Supp. 636, 641 (S.D.N.Y.1962) (“It is well established that the owner of a trademark may license its use to another without abandoning his trademark. However, a naked license agreement without supervisory control over the product is invalid.”); see also Societe Comptoir De L'Industrie Cotonniere Etablissements Boussac v. Alexander's Dept. Stores, Inc., 299 F.2d 33, 35 (2d. Cir.1962) (“[a naked license] is a fraud upon the public and unlawful”); Embedded Moments, Inc. v. Int'l Silver Co., 648 F.Supp. 187, 193 (E.D.N.Y.1986) (“a ‘naked’ license-i.e., one without supervisory control over the use of the trademark-is invalid”); Weight Watchers of Quebec Ltd. v. Weight Watchers Intern., Inc., 398 F.Supp. 1047, 1056 (E.D.N.Y.1975) (“In fact, under American law, a naked license without such supervisory control is invalid.”).

*2 The unwavering language of the applicable case law implies further that any contractual agreement allowing for the licensing of a trademark without the owner's retention of supervisory control would be considered a naked license, and therefore deemed invalid. So in the present case, even if the contract between the parties was written with the intention of conferring supervisory control upon Wiley during the transitional year, such language could never stand and would never be supported by the relevant case law.

There is one existing exception to the prohibition on naked licenses, allowing for a licensee to have supervisory control if the licensee has demonstrated past competence in a supervisory role with that particular product. “Prior cases establish ‘that reliance upon the integrity of a licensee is sufficient to fulfill the control requirement where a history of trouble-free manufacture provides the basis for such reliance.’ Embedded Moments, supra, at 194 ( quoting Syntex Lab., Inc. v. Norwich Pharmacal Co., 315 F.Supp. 45, 56 (S.D.N.Y.1970), aff'd, 437 F.2d 566 (2d. Cir.1971)). Such an exception is inapplicable in the present case as Wiley has never assumed a supervisory role regarding the Journal's editorial content for the nearly twenty year-duration of the contract between itself and DMEF.

4.
In light of the foregoing analysis, Plaintiff's motion for preliminary injunctive relief is hereby GRANTED.FN2

FN2. For purposes of deciding this motion, this Court did not consider Plaintiff's letter dated February 28, 2008, or Defendant's letters dated February 28 and 29, 2008.
Plaintiff is to submit a proposed order on two (2) days' notice to Defendant.

SO ORDERED.

Events #2: Materials available from AAC&U February Conference

View resources from the February 2008 "Integrative Designs for General Education and Assessment" conference -- including podcasts of Carol Geary Schneider and Peggy Maki's keynote, as well as materials from select individual sessions.Available here.

Events #1: An "Identity Theft" Program at Rider University in Central NJ

Secure a Space at Identity Theft Presentation

Rider University’s Center for Business Forensics (CBF) will host a free seminar focusing on the major issues surrounding identity theft and fraud.

Topics will address identity theft and its forms; who is at risk; ways to protect yourself from identity theft; and the steps that should be taken if you are a victim of identity theft.

The seminar will be led by Dr. J. Drew Procaccino, associate professor of Computer Information Systems at Rider. Procaccino has researched identity theft, biometrics and smart card technologies.

“Unless you've spent your entire life in a cave, you are at risk for some level of identity theft,” Procaccino said. “It can damage your reputation, financial credit and/or your standing with healthcare and insurance providers.”

Identity theft can result in substantial monetary loss and cause major emotional toll on its victims, explained Procaccino. It can also cost a victim months or years of time spent attempting to clear his or her name and credit history, he added.

An expert panel of presenters will include: Michelle Russell, detective in the Economic Crime Unit at the Mercer County Prosecutor’s Office; Kevin D. Hill, vice president and banking center manager II for Bank of America; Dr. Laurinda B. Harman, associate professor and chairwoman of the Department of Health Information Management at Temple University; Bethany Schussler, investigator for the Office of the Insurance Fraud Prosecutor in the state of New Jersey; and John LeMasney, manager of Instructional Technology at Rider.

The public event will be held on Wednesday, April 2, at 7 p.m. in the Bart Luedeke Center Theatre. Please RSVP by e-mailing sgordon@rider.edu.

Rider’s Center for Business Forensics, housed in the College of Business Administration, takes a multidisciplinary approach in providing instruction about corporate fraud and computer crime to undergraduate and graduate students, as well as in professional development programming for corporate law .Sign up here.

Publications #2: Jim Castagnera's Books

* 75 Columns and Film Reviews
by Jim Castagnera
Phildelphia lawyer and journalist Jim Castagnera has been writing his weekly newspaper column, "Attorney At Large," for more than five years. He also contributes articles and film reviews to a variety of print media and web sites. "Attorney At Large" gathers 75 of his best, recent writings.
(93 pages) Paperback: $7.64 Download: $1.25

*

*Ned McAdoo and the Molly Maguires
by Claire and Jim Castagnera
This novel weaves historical events and present day America into a tepestry that explores the early days of the labor rights movement and the Molly Maguires and also examines how perspectives on past events change over time.
(188 pages) Paperback: $12.95 Download: $9.95

Both are available at www.lulu.com.

Publications #1: New DOE site dor department's pubs

March 28, 2008

As a valued customer of ED Pubs, we are sending you this email to let you know of our recently redesigned web site, http://edpubs.ed.gov.
In an effort to serve you better, the U.S. Department of Education's ED Pubs (Education Publications) web site has undergone an extensive redesign. The web site combines bold colors, strong lines and a greater amount of “white space” to give it an eye-catching, modern look. The shopping process has been improved by adopting the latest in eCommerce "shopping carts," making it easier to order publications and provide concise, accurate shipping information. The capabilities of "your account" have been extended to realize a more user-friendly environment tailored to your preferences. Please visit us at http://edpubs.ed.gov to see for yourself. If you had previously registered on the site, no need to re-register, your user name and password will work and your order history is still available!Order here.

Events #4: Immigration Law for Universities

Last chance to register. There are only a few days left to register for:

"Immigration Law for Universities: Critical Issues You Need to Know Now"
Wednesday, April 2, 2008 1:00 - 2:00 PM ET

http://HigherEdHero.com/formI94BB?ID=-684375511

Immigration Law Essentials for 2008: How to Protect Your University
** Immigration Reform and Control Act: How this will affect your college?
** Social Security No Match Rules: What does your college need to know
** Strategies to Secure Your Institution with an I-9 Compliance Program

Employment Verification & Form I-9 Changes: Strategies to Stay Compliant
** Filling out the Form I-9: Best practices for every college
** Identifying university employees: Visa screens & forms of documentation
** What are the suggested procedures to follow I-9 form regulations?

Solutions to the Most Common Employment Verification Pitfalls & Problems
Register here.

Events #3: Measuring Effectiveness of Virtual School Environments

Measuring the Effectiveness of Virtual School Programs - Research and Beyond

Presented by: Liz R. Pape, CEO, Virtual High School

Date:
� April 1& 2 �
� � � �
Time: � 2pm - 3pm Eastern US Time �
� � � �
Place: � Online
Register here.

Events #2: NACUA's 48th Annual National Conference

Register here.

Events #1: Hot Topics for IRBs

Register here.

Publications #4: This weeks EU Newsletter

Get it here.

Publications #3: PBP Executive Report on Employee Morale

JAMES,

Why do some organizations hum along like well-oiled machines while others have rampant negativity, plummeting morale or low productivity? Time and again the answer lies in the effectiveness of frontline managers. Avoiding dumb mistakes that destroy teamwork and efficiency is ultimately the key to success. How to do it? Read the executive report:
get it here

Publications #2: Human Relations Newsletter

Available here

Publications #1: A directory of American dentists

New for 2008 Directory of Dentists in America

++ 164,886 Den Tists with City, State, Zip
++ 158,100 Addresses
++ 163,750 Phone Numbers
++ 77,480 Faxes
++ 45,994 E-Mail Addresses

Only until TODAY March 28 cost is $290 (regular price $391)

Please reply by email to bryanmconnely@hotmail.com for more details
Here's the contact

New Law #3: DOE releases "Lender of Last Resort" Guidelines

As lenders continue to pull out of the federal government's guaranteed-student-loan program, the Education Department this week issued guidelines for establishing "lender-of-last resort" programs that would make certain students could find loans if the government declares a loan emergency.

Five pages of guidelines were sent to 35 guarantee agencies, the nonprofit entities that use federal money to repay lenders when borrowers default. If a lender-of-last-resort emergency is declared, the guarantee agencies would be assigned to helping students find private lenders, or even to issue loans themselves.Remainder of story from Chronicle of Higher Education

New Law #2: India will now recognize foreign medical degrees

To combat a severe shortage of doctors and in a move to attract back Indian doctors settled abroad, the Indian government has decided to recognize graduate medical degrees from Britain, the United States, Canada, Australia, and New Zealand, provided they are recognized in the respective countries. Rest of story from the Chronicle of Higher Education

New law #1: DOS releases final rule on ROTC access to campuses

[Federal Register: March 28, 2008 (Volume 73, Number 61)]
[Rules and Regulations]
[Page 16525-16531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr08-5]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 216

[DoD-2006-OS-0136]
RIN 0790-AI15

Military Recruiting and Reserve Officer Training Corps Program
Access to Institutions of Higher Education

AGENCY: Department of Defense.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense revises the current rule addressing
military recruiting and Reserve Officer Training Corps program access
at institutions of higher education. This final rule implements 10
U.S.C. 983, as amended by the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Pub. L. 108-375 (October 28,
2004)). As amended, 10 U.S.C. 983 clarifies access to campuses, access
to students and access to directory information on students for the
purposes of military recruiting, and now states that access to campuses
and students on campuses shall be provided in a manner that is at least
equal in quality and scope to that provided to any other employer. The
prohibition against providing Federal funds when there is a violation
of 10 U.S.C. 983 has an exception for any Federal funds provided to an
institution of higher education, or to an individual, that are
available solely for student financial assistance, related
administrative costs, or costs associated with attendance. Such funds
may be used for the purpose for which the funding is provided. A
similar provision in section 8120 of the Department of Defense
Appropriations Act of 2000 (Pub. L. 106-79; 113 Stat. 1260) has been
repealed. This rule also rescinds the previous policy that established
an exception that would limit recruiting on the premises of the covered
school only in response to an expression of student interest when the
covered school certified that too few students had expressed interest
to warrant accommodating military recruiters.

DATES: Effective Date: This rule is effective April 28, 2008.

FOR FURTHER INFORMATION CONTACT: Christopher Arendt, telephone: (703)
695-5529).
The complete rule

Surplus Textbooks Sought

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An alert for higher education on impact of proposed "deemed export" rules from the Philly law firm of Saul Ewing

March             2008		Higher Education             Law
		Advisory Committee Calls for             Changes in "Deemed Export" Rules; Recommendations Could Have             Widespread Impact on Nation's Universities and Research             Centers              By: James M. Becker, James A. Keller and Jeffrey S. Levin              The U.S. Department of Commerce's Bureau of Industry and Security             (BIS) publicly endorsed a report submitted by the Deemed Export             Advisory Committee (DEAC) to that agency in the closing days of             2007. Composed primarily of representatives from many of the             nation's leading universities and chaired by the former CEO of             Lockheed Corporation, the DEAC was established to provide             independent advice to the U.S. Secretary of Commerce. Its report             presented a series of recommended changes to the nation's "deemed             export" control regime. These recommendations could have a             pronounced impact on the regulatory framework within which             institutions of higher education, as well as other U.S.-based             research centers, must operate.              What Is "Deemed Export"?              "Deemed export" is a term of art employed by U.S. export control             regulations to describe the "release" of sensitive dual-use             technology (typically software or technical data) to a "foreign             national" studying or working in the United States. ("Fundamental             research," defined as comprising basic and applied research in             science and engineering, the results of which "ordinarily are             published and shared broadly within the scientific community," are             not controlled under the U.S. export control regime.) Such             technology is "released" for export when: i) it is made available             for visual inspection (such as reading technical specifications,             plans, blueprints, and the like); ii) it is exchanged orally, or             iii) it is made available by practice or application under the             guidance of persons with knowledge of the application. For these             purposes, a "foreign national" is anyone not a U.S. citizen or             permanent resident (i.e., a "green card" holder).             Therefore, "foreign nationals" include students and business persons             in the United States under a relevant visa for these categories             (including, for example, holders of F-1, H-1B, and J-1 visas).              When such technologies are released to a foreign national, it is             "deemed" to be exported – even if the action occurs within             the physical confines of the United States (for example, in             a university lab). If the object of the transfer is subject to U.S.             export controls, an export license may be required. The logic behind             "deemed exports" is that the foreign national can easily transfer             the technology to persons abroad should he/she so desire.              As noted in the DEAC report, "{m}any academic and industrial             organizations appear to be unaware of the Deemed Export rules..."             This failing could potentially expose entities to substantial             criminal and civil penalties. Indeed, under the International             Emergency Economic Powers Enhancement Act signed into law in October             2007, BIS is authorized to impose civil penalties ranging up to             $250,000 per violation and criminal penalties up to $1 million per             violation. Violations include a range of activities that contravene             the export control regulations, including the performance of an             export without a properly issued license when a license is required,             and the export of materials, software, technical data and the like             to an unauthorized party or prohibited destination.              The DEAC's Findings and Recommendations              The DEAC observed that the United States is the only nation that             controls "deemed exports," as other countries typically rely upon             visa processes, intelligence information and intellectual property             laws to control the flow of sensitive dual-use technology. While             these controls arguably remain critical for national security needs,             especially as issues regarding such things as the development and             proliferation of weapons of mass destruction remain of paramount             concern, the structure and operation of the "deemed export" regime             may be handicapping the United States' ability to foster             technological development, and expose inadvertent violators to             extraordinary penalties. This could well have a pronounced "chilling             effect" on research within our borders, and is perhaps one of the             major reasons why the U.S. no longer holds the dominant position in             science and technology which it so recently enjoyed.              The DEAC report presented a series of recommendations to simplify             the deemed export licensing process, finding that current             regulations are "increasingly irrelevant to the prevailing global             situation," and noting that the current list of controlled items –             known as the Commodity Control List or CCL – is "too             all-encompassing." Specifically, the DEAC called for annual reviews             of the CCL to eliminate export controls on items that have minimal             security consequences. It further recommended that a category of             "trusted entities" be established that would enjoy "special,             stream-lined treatment" in the export licensing process. Such a             designation, as envisioned by the DEAC, would remove licensing             requirements for technologies that do not have "a truly significant             military consequence."              What Happens Now, and What Should Research Centers Be             Doing?              Last month, Undersecretary of Commerce for Export Administration,             Mario Mancuso, publicly endorsed the DEAC report, but noted that             formal actions by the Commerce Department in response must await a             comprehensive reaction from other Federal agencies. However, two             actions in response to the report are already underway. First, the             BIS announced that it will improve its outreach and engagement             efforts to the academic and technological communities in order to             educate these constituencies about the progress and scope of deemed             export policy efforts. Second, Undersecretary Mancuso announced that             BIS will create a new Emerging Technologies Advisory Committee,             composed of representatives from leading research universities,             government research labs and industry to make recommendations to the             agency regarding emerging technologies on a regular basis. While             official responses play out, there are several steps that U.S.             research centers should be taking internally. First, to the extent             that it has not already done so, research centers, including             universities, should ensure system-wide compliance with deemed             export requirements as they currently exist. As noted above, many of             these centers around the nation are not familiar with these             requirements, which could be a costly failing. Second, every             research center should adopt and implement a comprehensive export             control compliance program, not only to ensure their adherence to             the web of export control requirements, but also to establish the             basis for mitigation should they run into trouble. An effective             export compliance program should include such elements as the             designation of a responsible official within the center that is             charged with ensuring that all export related requirements are met,             a procedure to ensure that licensing requirements have been fully             addressed for each deemed export, and a procedure for reporting             problems that come to light up through the center's internal chain             of command so that it expeditiously receives the attention of a             responsible official within the center. An effective export             compliance program, in writing and understood throughout a company,             can mitigate a proposed civil penalty by up to 25 percent. And             third, research centers, including universities and related             associations, should proactively position a representative for             appointment to the soon-to-be-formed Emerging Technologies Advisory             Committee.                                        This Bulletin was written by James M. Becker, a Partner in the Litigation Department; James A. Keller, a Partner in the Litigation Department and Chair of the Higher Education Practice Group; and Jeffrey S. Levin, Special Counsel in the             International Trade and Business Practice Group. If you have             questions about this Bulletin or wish to discuss this topic, Jim             Becker can be reached at 215.972.1959 or jbecker@saul.com; Jim Keller can             be reached at 215.972.1964 or jkeller@saul.com and Jeff can be             reached at 202.342.3424 or jlevin@saul.com. This Bulletin has             been prepared by the Higher Education Practice Group for information             purposes only.              The             provision and receipt of the information in this publication (a)             should not be considered legal advice, (b) does not create a             lawyer-client relationship, and (c) should not be acted on without             seeking professional counsel. Under the rules of certain             jurisdictions, this communication may constitute "Attorney             Advertising."              ©2008 Saul Ewing LLP, a Delaware             Limited Liability Partnership. ALL RIGHTS             RESERVED.
500 East Pratt Street Baltimore, MD Charles O. Monk,                   II 410.332.8668                    2 North Second Street Harrisburg, PA Michael A.                   Finio 717.238.7671                    245 Park Avenue New York, NY John J.                   Jerome 212.672.1996                    750 College Road East Princeton, NJ Marc A.                   Citron 609.452.3105                    9222                   Delaware Avenue Wilmington,                   DE Mark Minuti 302.421.6840                    1200 Liberty Ridge Drive Chesterbrook, PA Michael S.                   Burg 610.251.5750                    One Riverfront Plaza Newark, NJ Stephen B.                   Genzer 973.286.6712                    1500 Market Street Philadelphia, PA Frederick D.                   Strober 215.972.1985                    2600 Virginia Ave., N.W. Washington, DC Howard G.                   Slavit 202.295.6604 Ira M.                   Shepard 202.342.341                    www.saul.com 1-800-355-7777

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"Saul Ewing LLP <saul.com>" made the following annotations:

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A survey for your consideration

Dear Staff,

As members of the college/university community we would like you to complete this survey so that you and your peers are better understood and in-turn better served by your media options. There will be a limited number of participants and your insights are critical to this research study.

This survey will remain open only until March 31, 2008.

To complete this short survey (about 10 minutes), please click on the MORI survey link below. If you can't click on the text below you can copy and paste it into your browser window.

http://d45.surveysonline.com/mrIWeb/mrIWeb.dll?I.Project=w7000081

We truly value your feedback and appreciate your participation.

Once you have completed this survey, you will be able to enter the drawing for $500!

If you have any questions about this survey, please feel free to contact me at hhoverten@moriresearch.com

Sincerely,

Heidi Hoversten
Research Analyst
MORI Research
Three Paramount Plaza, Suite 450
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Minneapolis, Minnesota 55439
office.952.835.3050 x.237
hhoversten@moriresearch.com

Who needs animal lawyers most, ALF or higher education?

The Animal Liberation Front remains active on college campuses, as this story from last fall illustrates.From the Chronicle of Higher Education

Maybe this is why more lawyers like animal law (see posting below)

Mother Nature Is Snapping Back
By
Jim Castagnera
Attorney at Large
The headline caught my eye: “Hippo eats dwarf.”
The news item out of Bangkok reads, “A hippopotamus swallowed a circus dwarf in a ‘freak accident’ in northern Thailand.” Od, the dwarf, bounced sideways from his trampoline and was gulped down by a hippo which, as luck had it, was “yawning” while waiting to appear in the next act.
The vets concluded that Hilda the Hippo suffers from a gag reflex that caused her to gulp poor Od right down. Meanwhile, more than 1000 spectators applauded wildly, apparently believing Hilda’s engorgement of Od was a part of the act.
Like those 1000 misinformed circus-goers, most of humanity is missing Mother Nature’s message. Not me… I’ve concluded that Hilda is just one of Mother Nature’s messengers. Hurricane Katrina was another. When you are paying $1.50 for an orange next month, you might consider that California’s big freeze is yet another missive from “Mom.”
Love him or hate, Al Gore has been running around trying to warn us with his movie, “An Inconvenient Truth.” That truth is that we’re messing with Mother Nature and she’s getting steamed up. More extreme storms, we’re told by our scientists, will be one result. I’ve begun to believe them.
So far, however, neither Gore nor any scientists have warned us of carnivorous hippos. Hilda came as a surprise, not least to Od, who --- I predict --- will one day be remembered as the first death in the coming clash between mankind and the animals. The National Science Foundation or the Centers for Disease Control or one of the geniuses on our college campuses should have predicted this. Consider the evidence.
• Deer are taking the offensive everywhere. As suburban sprawl and retail malls replace forests and farms, deer have begun hurling themselves at our cars in ever-increasing numbers. When will we recognize that Bambi is Mother Nature’s version of Al Qaida’s suicide bomber?
• As the polar icecap melts, polar bears are ranging ever-farther south. If seals become scarce… well, most Americans now carry about as much blubber as any walrus. Duh.
• All kinds of other critters, from cougars to coyotes, have been quietly expanding their ranges. Wild pigs are popping out of the woods all the way from Oregon in the west to towns like Tamaqua in eastern Pennsylvania.
Given that half of all American homes are currently equipped with an AK-47 or its functional equivalent, we can probably handle these critter-incursions with a minimum of casualties on our side.
The real threat is from Mother Nature’s stealth bombers. Of course, I’m referring to viruses. I just finished reading John M. Barry’s 2004 book, The Great Influenza: The Epic Story of the Deadliest Plague in History. Most experts put the 1918-19 death toll at somewhere between 20 and 40 million. Barry believes it was several times higher, maybe as high as 100 million. With no Centers for Disease Control in those days, the statistics just can’t tell the whole story.
What we know for sure is that viruses, and especially the flu virus, evolve at a dizzying pace, That’s why last year’s flu shot is no help this year. When a flu virus accomplishes two things --- the virulence of the 1918 edition and the ability to leap from person to person --- the result will be another pandemic. With six billion-plus people cramming the planet, our species is a sort of smorgasbord, laid out for that bug when it arrives.
When that happens, we’ll know that “Mom” has stopped sending warnings and has gone to war.
Meanwhile, nobody can convince me --- or Od, be he in heaven or hell --- that Hilda was just yawning. No sir.

Animal law becoming more popular with lawyers

From the Chicago Tribune

An invitation to join the Association of International Education Administrators

Dear IIENetwork Members,

We are pleased to send you this invitiation to join AIEA, the Association of
International Education Administrators.

A Special Invitation to IIE Members:

International Education is drawing more attention than at any time in the
past. In your role as an academic leader you are undoubtedly facing pressure
to internationalize your campus, your academic curriculum and your mission.
As universities are being utilized to energize local economies through
international development, trustees and local governments are increasingly
calling upon university leaders to be a catalyst. And now all of this is
being further scrutinized as long-standing traditions and business practices
in study abroad are being questioned.

How can you stay on top of this pressure to act globally and be accountable?

One way is to participate in the Association of International Education
Administrators (AIEA), a small but powerful American-based membership
organization that connects today's international education leaders. AIEA is
most widely known as an association that serves Senior International
Officers, addressing a broad range of international education topics
increasingly relevant to university presidents, corporate executives and
senior government officials.

Through conferences, committees, networking and political advocacy, AIEA is
the place to connect international education leaders. AIEA aspires to meet
this challenge and invites you to support our efforts and join the
association. Dues are affordable (especially for multiple staff from your
institution) and the work is more important than ever.

We want to extend a special invitation to you to join AIEA. A brochure
detailing member benefits and networking opportunities can be accessed at
http://www.aieaworld.org/2008%20AIEA_%20brochure.pdf.

A new article on law school rankings

Because you’re a blogger who is a member of the legal education community, we thought you and your blog’s readers would be interested in an ABA Journal cover story about U.S. News & World Report’s law school rankings that was posted today (http://www.abajournal.com/magazine/the_rankings_czar/). And we’re holding a live online chat next month with the rankings czar from U.S. News in which you can participate.

Robert Morse, the man who created the law school rankings for U.S. News, offers an olive branch to law school deans who have long complained about the effect of the rankings on legal education. “Deans are welcome to call me or come by my office in Washington,” Morse says. “I want to work with them to improve the rankings.”

Some deans and former deans think they should engage the magazine, rather than just complain about it. “I think rankings need to be changed, and the only way that will happen is if law school deans sit down with Bob Morse for honest discussion,” says Nancy Rapoport, who resigned as dean of the University of Houston Law Center after her school dropped almost 20 points in the rankings. “I would attend a meeting like that without hesitation.”

This year’s U.S. News law school rankings are scheduled to be released this Friday, March 28.

Morse will be taking questions from the public on ABAJournal.com on Friday, April 11, from 3 to 4 p.m. ET. We hope you and your readers will participate.

--Ed

________________________________

Edward A. Adams

Editor and Publisher

American Bar Association Journal

www.abajournal.com

A new view on the relationship of the First Amendment to harassment

In case you or your readers are interested, I have just posted on SSRN a new article that addresses higher education law. Specifically, my article argues that harassment typically falls outside of the scope of the First Amendment. http://ssrn.com/abstract=1112189

I would be delighted to hear your comments.
Ken
Kenneth L. Marcus
Lillie and Nathan Ackerman Chair in Equality and Justice in America
and Visiting Professor of Public Affairs
Baruch College School of Public Affairs
The City University of New York
One Bernard Baruch Way, Box D-0901
New York, NY 10010

Office Location: 137 East 22nd Street, Room 403

Phone: 646-660-6989

U. Colorado Prof blames over-development, not hurricanes, for increased hurricane damage

He's one of a number of scientists who say, "Learn to deal with global warming."From the LA Times

NACUA annual conference registration

Mark your calendars!  NACUA’s 48^th Annual Conference Registration and Hotel Accommodations will open on Thursday, March 27^th at 3:00 p.m., ET.

 

NACUA will send a message to the membership at that time to formally open registration and hotel accommodations.

 

Conference Registration

Conference registration and the NACUA hotel block will open on Thursday, March 27th at 3:00 p.m., ET for NACUA’s 48th Annual Conference, June 21-22 Lawyers New to Higher Education Workshop, and June 21 Roundtables for General Counsel.

                                                                                                                                                            ! ;                              

View Conference Registration Information

 

To view the Conference schedule, click here.

 

A new streamlined preliminary brochure will arrive in your mailbox in the coming days.  This piece will be much more condensed than in prior years, as part of our ongoing efforts to become more eco-friendly.  Complete and detailed information on conference sessions is available on the Annual Conference web site.  Attendees will receive a traditional, detailed on-site final program when they arrive at Conference registration in New   York City.

 

A registration form will not be included in the preliminary brochure.  Attendees will be able to register online through the Conference website beginning Thursday, March 27 at 3:00 p.m., ET.  You may download a paper registration form from the web site if necessary, though we encourage all members to register online, as we are unable to accept credit card payments via paper registration forms. 

 

Hotel Accommodations

The Marriott Marquis at Times Square will serve as the host hotel of NACUA's 48^th Annual Conference. 

 

The preferred NACUA hotel registration rate is $201 per night, single/double occupancy. Reservations must be made by May 31, 2008 to receive the preferred rate.   The Marriott will not offer the preferred NACUA rate for registrations made prior to March 27 at 3:00 p.m., ET.

 

Questions

If you have questions about Annual Conference registration or the conference more broadly, please contact Meredith McMillan at 202-833-8390 or via email at mmc@nacua.org.

 

National Association of College and University Attorneys ● One Dupont Circle, NW, Suite 620 ● Washington, DC 20036

U Michigan GAs walk out as negotiations sputter

From the Detroit News

New college-oriented gender-equity study

Download Umbach2008.pdf

Supremes green-light retiree benefits cuts

From the LA Times

Philly Conference on Recruting Faculty

How to Recruit Minority Faculty Candidates
professional development workshop

Schools already registered

Dickinson College, Drexel University Medical School, Kutztown University, Montclair University, Newark Public Schools, Pace University, Ramapo College, Richard Stockton College of New Jersey, Rider University, Temple University,
 Gloucester County College

Monday, April 28, 2008
Residence Inn Philadelphia City Center