Melanie Sloan: Obama Administration Must Do More to Lift Government Secrecy

Melanie Sloan

Yesterday, I attended an interesting panel discussion about National Security and Open Government at the Carnegie Institution, sponsored by the American Constitution Society (sort of a liberal Federalist Society). Among the speakers was Melanie Sloan of Citizens for Responsibility and Ethics in Washington (CREW). Her comments have been posted on the ACS website. An excerpt of her criticism of Obama administration failures to make records available to the public--or to keep emails properly stored and inventoried:

All of this sounds great and we applaud the president for his clear desire to create a more open government. Still, it all hasn't gone quite as planned. Based on our own experiences and those of some of our colleagues in the transparency community, government openness, has not necessarily been remarkably better under the Obama administration than it was under the Bush administration. CREW conducted a survey of FOIA officers to discover their perceptions of whether information is more freely and easily disseminated. Overwhelmingly, the answer is no. First, FOIA offices do not have adequate resources to handle the volume of requests they get. Officers also report a lack of training and political interference. The new chief FOIA officers, intended to bring more accountability to the agency FOIA process, were described by one survey respondent as a "useless position filled by someone who is already wearing too many managerial hats."

Another major problem confronting the administration is the preservation of records. Record keeping laws are not keeping pace with technology. Electronic records seem to routinely become lost. For example, the Department of Justice was unable to locate many of torture memo author John Yoo's e-mails - were they deliberately deleted or just lost - it is difficult to know.

E-mails are probably some of the most important records for uncovering the truth. While surely, some are just junk - planning lunch or passing jokes, they can also include unguarded truths. Though we all know e-mails are forever and can come back to haunt us - we have Jack Abramoff as exhibit 1 - somehow, we generally still treat them like phone conversations and do not consider they may one day become public. As a result, a trove of information may be contained in these documents and one day, someone may uncover and view an e-mail from a top ranking Obama administration official with as much interest as we view Lincoln's letter to his general today.

Beth Noveck

BTW, the event was moderated by NY Times Supreme Court reporter (and former corporate lawyer) Adam Liptak. I haven't seen a word about the event in his paper, where keynote speaker Beth Noveck, Director of the White House Open Government Inititative, in Liptak's own words, was "disparaging about FOIA." Liptak added: "I don't know any journalist who has ever gotten anything valuable under FOIA, particularly because it takes so long." Yet nothing about this dissing of FOIA by the Obama administration, to a conference of Open Government advocates no less, was reported in the NY Times--by Liptak or anyone else...

What did Noveck say? Bender's Immigration Bulletin has this account:

FOIA? Nah, I've got Beth Noveck on speed dial!
"The White House's open government leader said Americans should not bother filing requests for government documents under the Freedom of Information Act and instead should contact open government officials at agencies who can post or e-mail the materials faster. ... A more effective way to obtain information would be to contact the designated open government officer at a particular agency -- or herself, Noveck said." NextGov, Nov. 15, 2010.

Federal News Radio story here. And here's an excerpt from the cited NextGov story by Aliya Silverstein:

Bypass FOIA and seek data from agencies, says Obama official
BY ALIYA STERNSTEIN 11/15/2010

The White House's open government leader said Americans should not bother filing requests for government documents under the Freedom of Information Act and instead should contact open government officials at agencies who can post or e-mail the materials faster.

Beth Noveck, deputy chief technology officer for open government, on Monday said the purpose of the Obama administration's transparency agenda is to institutionalize a culture in which agencies proactively release data so that disclosing government information is the default. She was addressing complaints about denials of FOIA requests at an event hosted by the American Constitution Society for Law and Policy, a liberal think tank. The talk centered on the conflict between national security and government transparency.

"Why are you writing to the lawyers? We all know it's going to take months and months. That's how FOIA works," said Noveck, who is on leave as a professor at New York Law School, where she researches intellectual property and constitutional law. "The manual nature of the process is so egregious . . . so burdensome." A more effective way to obtain information would be to contact the designated open government officer at a particular agency -- or herself, Noveck said.

For example, in response to public requests, the Patent and Trademark Office this summer partnered with Google to offer bulk downloads of patent materials, such as published applications, grants and assignments, as well as trademark documents, including registrations and applications.

But legal experts debating data disclosure disagreed with Noveck's advice about bypassing FOIA, arguing that the White House needs to expedite the process. "They should make FOIA work," said Melanie Sloan, executive director of Citizens for Responsibility and Ethics in Washington. "You shouldn't have to go around [the process] and call Beth Noveck," she added, noting the general public probably does not know who she is...

BTW, I just googled Noveck's phone number and looked for it on the White House website and Open Government Initiative blog. So far as I can tell, Beth Noveck's phone number is unlisted.

For background on Noveck's world-view, her 2008 Democracy Journal article on "Wiki Government" can be found by clicking here.

UPDATE: ACS has posted this video recording of the event on its website:

Interesting Presentation on the Banking Crisis...

Found this interesting PPT analysis presented at the Darden Business School on my LinkedIn account, sent by a friend:

Understanding and Profiting from the Next Banking Crisis

.

Also, this interesting PPT from Niall Ferguson (ht Charles Crawford): http://www.iie.com/publications/papers/ferguson201005.pdf.

Eid Mubarak!

Happy Eid ul-Adha to our Muslim readers!

Document of the Week: Justice Department OSI Report on Nazis Working for US Government

Link from the New York Times, to full report as PDF file, here: http://documents.nytimes.com/confidential-report-provides-new-evidence-of-notorious-nazi-cases?ref=us#p=1.

From the NY Times story:

The 600-page report, which the Justice Department has tried to keep secret for four years, provides new evidence about more than two dozen of the most notorious Nazi cases of the last three decades.

IMHO, the real question is: Why the secrecy? Tom Lehrer wrote a satirical song about Werner von Braun in the 1960s, after all.

My guess is that it sets a precedent for disclosure of documents relating to Islamist extremist terrorists working for the US government, paid for by the US government, killing Americans and American allies while receiving US government subsidy--which, after 9/11, would be hard to explain to the American people.

Especially since, unlike Nazis, Islamist extremist terrorists haven't been defeated yet...

UPDATE: FOIABlog linked to this item from the Federation of American Scientists:

A side-by-side review of the leaked and the redacted versions compels the conclusion that the Department of Justice exceeded its authority to withhold information from the public, and violated the disclosure requirements of the Freedom of Information Act. “Now that we can compare the redacted document with the complete text of the original report, it is clear that the Justice Department is withholding information without legal justification,” said attorney David Sobel, who represented the National Security Archive in its request for the document. “For an administration — and an Attorney General — supposedly committed to an ‘unprecedented’ level of transparency, this case provides a troubling example of how far the reality is from the rhetoric.”

More from the National Security Archive.

Your Tax Dollars At Work...

Official TSA video of airport security screening (ht Drudge)...

Good Opening Move...

From Politico.com:

House Minority Leader John Boehner (R-Ohio) said Wednesday he intends to take commercial flights home when he moves up to speaker in the new Congress.

“Over the last 20 years, I have flown back and forth to my district on commercial aircraft, and I am going to continue to do that,” he told reporters.

Now, if Boehner could get those announced TSA airport "strip searches" cancelled...

Happy Diwali!

Washington Times: Election Was Obamacare Referendum

From today's Washington Times editorial:

The most odious aspects of Obamacare are yet to hit. The law was crafted so that the harsh provisions would kick in after the election, a failed attempt to insulate Democrats from voter backlash. Obamacare is not only bad law, it is the symbol of a broken system. The legislation was slapped together hurriedly and without adequate staff - or lawmaker - review. It became a grab bag of regulations and loopholes favoring Democratic-leaning special interests. Republican suggestions for reform were never given a hearing, and the GOP was unceremoniously shut out of the process. The bill was forced through the Congress in a riot of arm-twisting and secretive backroom deals. Few if any members of Congress read the bill before they voted on it. The American people were denied the transparency and open process Mr. Obama had promised during his campaign. Obamacare was the poster child for everything wrong with the contemporary legislative process. It is the fruit of a poisoned tree.

Saudi Leader Bashes Republican Congressional Victory

From the Washington Times:

A senior member of the Saudi royal family warned Thursday that Republican victories in this week's elections will encourage what he called "neoconservatives" and "warmongers" to push back against the Obama administration's peace initiative in the Middle East.

Observers said that Prince Turki al-Faisal, the kingdom's former intelligence head who also served as ambassador to the United States, was likely delivering a message on behalf of the Saudi government when he launched an outspoken attack on the supporters of Israel in Washington.

"Neocon advisers, American conservatives and Zionist extremists" promoted policies "that continually throw a wrench into the progress of peace," the prince told an audience at the Carnegie Endowment for International Peace in Washington.

Quoting from an article by Robert Satloff, director of "the pro-Israeli" think tank Washington Institute for Near East Policy, Prince Turki characterized these policies as an opposition to the idea that an Israeli settlement freeze was vital; a call for the United States not to force Israel's hand to make concessions in the negotiations; and the conviction that a tough U.S. stand on Iran, including the possibility of military action, was an essential prerequisite for peace in the region.

President Obama's victory in 2008 encouraged many "to believe that the neocon movement had died, the victim of its own, failed delusional policies," he said. But he added that neoconservative ideas were "crawl[ing] from their grave of failure," and their proponents would be encouraged by the election results Tuesday, which gave Republicans control of the House and reduced the Democratic majority in the Senate by at least six seats.

"This recent election," the prince said, "will give more fodder for these warmongers to pursue their favorite exercise — war-making."

"I think these comments were out of line and not well received," David Pollock of the Washington Institute told The Washington Times. "If he really wants to promote Arab-Israeli peace," he added, "This is not the way to do it."

John Boehner's Republican Manifesto

From today's Wall Street Journal:

The political landscape has been permanently reshaped over the past two years. Overreaching by elected officials—in the form of pork-laden "stimulus" spending, permanent bailouts, and policies that force responsible taxpayers to subsidize irresponsible behavior—has awakened something deep in our national character. This has led to a surge of activism by citizens demanding smaller, more accountable government and a repudiation of Washington in Tuesday's elections.

Tired of politicians who refuse to listen, Americans who previously were not involved or minimally involved in the political process are now helping to drive it. While their backgrounds are as diverse as the country itself, their message to Washington is the same: Government leaders are servants of the people; the people are not servants of their government.

The members of the 112th Congress must heed this message if there is to be any hope of repairing the shattered bonds of trust between the American people and their elected leaders. And that begins with the speaker of the House, who as leader of the institution must lead by example.

Accordingly, there are several steps I believe the next speaker should be prepared to take immediately. Among them:

• No earmarks. Earmarks have become a symbol of a broken Washington, and an entire lobbying industry has been created around them. The speaker of the House shouldn't use the power of the office to raid the federal Treasury for pork-barrel projects. To the contrary, the speaker should be an advocate for ending the current earmark process, and should adhere to a personal no-earmarks policy that stands as an example for all members of Congress to follow.

I have maintained a no-earmarks policy throughout my time of service in Congress. I believe the House must adopt a moratorium on all earmarks as a signal of our commitment to ending business as usual in the spending process.

• Let Americans read bills before they are brought to a vote. The speaker of the House should not allow any bill to come to a vote that has not been posted publicly online for at least three days. Members of Congress and the American people must have the opportunity to read it.

Similarly, the speaker should insist that every bill include a clause citing where in the Constitution Congress is given the power to pass it. Bills that can't pass this test shouldn't get a vote. House Republicans' new governing agenda, "A Pledge to America," calls for the speaker to implement such reforms immediately.

• No more "comprehensive" bills. The next speaker should put an end to so-called comprehensive bills with thousands of pages of legislative text that make it easy to hide spending projects and job-killing policies. President Obama's massive "stimulus" and health-care bills, written behind closed doors with minimal public scrutiny, were the last straw for many Americans. The American people are not well-served by "comprehensive," and they are rightly suspicious of the adjective.

• No more bills written behind closed doors in the speaker's office. Bills should be written by legislators in committee in plain public view. Issues should be advanced one at a time, and the speaker should place an emphasis on smaller, more focused legislation that is properly scrutinized, constitutionally sound, and consistent with Americans' demand for a less-costly, less-intrusive government.

IMHO, Congressman Boehner might have added one additional promise:

That as incoming Speaker he will introduce a private member's bill to sell Nancy Pelosi's private jet, on the opening day of the new session of Congress in 2011, as HR 1. Such a move would have significant symbolic, as well as financial, value in providing a new direction for Congress.

Could the Health Care Bill Be Repealed?

CNBC says yes. It happened once before, with President Ronald Reagan's catastrophic coverage bill (IMHO a good bill that could be a model for a replacement, unfortunately a victim of partisan politics at the time):

IS THERE A PRECEDENT?

Yes. In June 1988 Republican President Ronald Reagan and the Democratic Congress passed the Medicare Catastrophic Coverage Act, which was intended to fill gaps in coverage in the government insurance program for older Americans.

It was celebrated as a bipartisan success that would provide new medical benefits for the elderly. However, older Americans had to pay for it, in the form of an extra Medicare premium and a surtax for people over 65 with higher incomes. The tax led to a protest campaign and Congress, in another bipartisan vote, repealed it in 1989.

FOIABlog: What Do The Mid-Term Elections Mean For FOIA?

From FOIABlog:

Gazing into the crystal ball, one can see positive and negative fallout from the midterm elections that saw a change in leadership in the House of Representatives.

The positive is that there may be more oversight of the Executive Branch, which will include FOIA Operations. House Leadership may use their new powers to have actual hearings concerning FOIA Operations, especially in those agencies that view the twenty working day time to respond to FOIA requests as a guidepost, not a law. Agencies such as Centers for Medicare and Medicaid Services ("CMS" a component of the Department of Homeland Security) and FEMA (a component of the Department of Homeland Security) take yearsto respond to simple FOIA requests. The previous House Leadership failed to ask any questions about this practice, of course four years ago, when the new House Leaders were in power, they failed to use their oversight practice on FOIA Operations. However, this time, the President is in an opposition party so they may take the opportunity to tweak his administration for this failure (which started in many cases in the George W. Bush administration or earlier).

On a negative note, many FOIA Operations are clearly underfunded. With a large deficit, no one is going to be in the mood to increase spending for what many consider a discretionary practice (even though I fail to see how informing the public on what its government is doing is discretionary). So, I don't see the budgets of agency FOIA Operations increasing -- those agencies that are swamped will continue to have to get by with less, which is not a good thing for the agencies or requesters.

Finally, I don't see much FOIA legislation taking place. While there are a number of things that could be fixed in the current FOIA law, I don't foresee them taking place during the upcoming Congress. For instance, the current discretionary disclosure standard could, and should be put in the actual FOIA. However, the administration will say it is our policy (albeit without any statutory authority to get judicial review of whether an agency reviewed the documents for this purpose--it is my belief that many do not) and the new House Leadership, eyeing the White House in 2012 will want to preserve its next President's FOIA options--no matter what they say about their belief in transparency.

The most important FOIA venue in the next few months will be the Supreme Court, where a number of FOIA issues are pending, such as whether corporations have privacy under the FOIA's privacy exemptions (such as Exemption 7(C)). I believe Congress will react to these decisions rather than proactively moot those disputes.

What do the FOIA blog's readers think the new Congress will do?

Virginia Closes Borders to Proposed DC Raccoon Relocations

From the "they can't make this stuff up" department, this item from the Washington Examiner today:

Virginia won't accept the District's unwanted raccoons, opossums and other "nuisance" critters, calling into question key components of a D.C. Council bill designed to make life easier for pesky animals.

The legislation introduced by Ward 3 Councilwoman Mary Cheh sets new standards for the treatment of wild animals by the professionals hired to boot the critters out of homes received tentative approval from the full council last month. The new law would limit the tools wildlife managers can use to kill the beasts. In many cases it requires the animals to be kept alive and relocated "to safe location where nuisance problems are unlikely to occur."

But "since relatively few areas within the District of Columbia are likely to meet this definition, we are concerned that wildlife control operators may be inclined to transport the nuisance wildlife into Virginia for release," Robert Ellis, deputy director of the commonwealth's Bureau of Wildlife Resources, wrote this week in a letter addressed to Council Chairman Vince Gray.

If wildlife managers want to transport their catches across the Potomac River, they'll have to get special permission from the Virginia Department of Game and Inland Fisheries. Ellis told The Washington Examiner that they won't receive permission.

"We really see no reason for them to bring these animals here," Ellis said. "We have our own nuisance animals, more than we can handle."

The term "nuisance animal" covers every animal imaginable, Ellis said, and it's simply illegal for any wild animal to be transported across state lines without permission.

Ellis said he sent the letter because "we wanted to make sure [the Council] is aware that Virginia won't be able to accept these animals."

In the letter Ellis suggested the Council adopt language specifically prohibiting exporting captured animals outside of the District, have the District Department of Environment clearly inform wildlife managers that transporting the animals across state lines is illegal.

Cheh did not respond to requests for comment Tuesday afternoon...

President Obama's Post-Election Press Conference

From WhiteHouse.gov:

Q    Is there anything in the “Pledge to America” that you think you can support?

THE PRESIDENT:  You know, I’m sure there are going to be areas, particularly around, for example, reforming how Washington works, that I’ll be interested in.  I think the American people want to see more transparency, more openness.  As I said, in the midst of economic crisis, I think one of the things I take responsibility for is not having pushed harder on some of those issues.  And I think if you take Republicans and Democrats at their word this is an area that they want to deliver on for the American people, I want to be supportive of that effort.

I'd like to see more transparency and openness, myself...

Eric Cantor's Manifesto for the Republican Congressional Majority

The title is "Delivering on Our Commitment" and it has been posted on Scribd, here: http://www.scribd.com/doc/40885401/Cantor:

In the attached document, Delivering on Our Commitment: A Majority to Limit Government and Create Jobs, I outline some thoughts on how we can begin that effort.Included is a particular focus on a sustained effort on jobs, reducing government spending, putting in place a new standard for prioritizing legislation, and how we strengthen oversight.

In thinking about and preparing this plan, I found myself guided by one simple proposition which I believe will be instructive for our efforts over the next two years: “Are my efforts addressing job creation and the economy; are they reducing spending; and are they shrinking the size of the Federal Government while increasing and protecting liberty? If not, why am I doing it? Why are WE doing it?”

I would greatly appreciate any thoughts, feedback, or suggestions you may have. I know that by changing the culture and focusing on our priorities, ours will be a lasting and worthwhile legacy: that we will achieve what we said we came to accomplish, and in so doing, deliver on the type of conservative governance that has been promised.

Document of the Week: CAMERA's Report on NPR's Federal Funding

Written by Alex Safian in the aftermath of NPR's Juan Williams firing controversy, the October 27, 2010 CAMERA report makes a convincing case that NPR benefits from taxpayer subsidy, contra public claims to the contrary made by the network's chief executive:

In the wake of National Public Radio's firing of Juan Williams, NPR chief Vivian Schiller has defended her network, in part, by claiming that NPR is a purely private organization that gets essentially "zero" taxpayer funding....

Other National Public Radio staffers and officials have made similar assertions in the past, despite the fact that such claims are blatantly deceptive.

In fact NPR does receive large amounts of taxpayer money, but via the equivalent of a shell game – for some years now instead of the taxpayer money going directly from the taxpayer-funded Corporation for Public Broadcasting (CPB) to NPR, it has gone to the local affiliates as "community service grants," which the stations then turn around and send to NPR to help pay for the right to broadcast the network's programs.

Before 1989 the money paying for the programming went directly from CPB to NPR, and the local affiliates had nominal membership dues, ie they got the programming for essentially nothing. Since then the money has been laundered thru the affiliates, which have to pay substantial amounts for the programming.

When this change occurred it materially affected NPR's financial statements, and the network had to note it and explain it in an attachment to their IRS-required Form 990. Here's an excerpt of that attachment:

This return reflects a change in NPR's method of obtaining funding for its operations. Commencing in its Fiscal Year 1987, the Corporation for Public Broadcasting, which receives money from Congress to fund public radio, increased significantly the proportion of that money it gave directly to qualified public radio stations, and reduced significantly the proportion of that money it gave directly to National Public Radio. National Public Radio in turn increased significantly the amount of dues its member stations must pay for membership and programming services in order to obtain sufficient funds to operate....

As a result of these changes, the bulk of NPR's revenue now comes from membership dues, a significant portion of which is attributable to program-related services.

Of course, it may no longer be the case that the bulk of NPR's revenue comes from membership dues, but the point is clear: NPR is still receiving substantial amounts of taxpayer money from the CPB, but this money goes through the affiliates rather than straight to NPR....

In addition, in NPR's latest Form 990, it admits that its operating costs were paid for largely by those program fees:

Operating costs were met by program fees paid by public radio stations that broadcast NPR programming, as well as grants and contributions from foundations and corporations. (page 17 of NPR's IRS Form 990 for TY 2007)

Is NPR's Lobbying Illegal?

Another measure of NPR's dependence on taxpayer support is its lobbying to preserve the taxpayer dollars going to the CPB, which then flow to NPR's affiliates. According to its 990, in FY 2007 NPR spent a substantial amount, more than $456,000, on such lobbying.

Now under federal regulations (U.S.C. Title 26, §4911) non-profits are generally prohibited from any substantial lobbying (that is, attempting to influence legislation), but there are exceptions.

Before looking at the exception NPR is using, let's look at the network's legally required description of its lobbying, on page 63 of its Form 990:

NPR has been involved in the following lobbying activities – appropriations for the Corporation for Public Broadcasting, ...

That is, the first item listed is preserving the taxpayer funds that go to the CPB, which NPR claims it is not dependent on!

Now, if as NPR claims to the public, they really got no funding from the CPB, then their lobbying would be blatantly illegal. That's because for NPR the only applicable exception to the prohibition on lobbying is the "self-defense" clause, and in particular the part referring to the "continued existence" of the organization. Here's the text of that exception clause (U.S.C. Title 26 § 4911(d)(2)(C) ):

appearances before, or communications to, any legislative body with respect to a possible decision of such body which might affect the existence of the organization, its powers and duties, tax-exempt status, or the deduction of contributions to the organization;

In other words, the loophole that NPR exploits to lobby congress proves that it itself believes public funding, and CPB funding in particular, is crucial to its existence. Why won't NPR admit this to the public? Indeed, why does it disingenuously claim the opposite?

What is the total amount of taxpayer funding for public radio?

According to the CPB's Public Broadcasting Revenue: Fiscal Year 2008, public radio got at least 26% of its revenue from public sources, including the Congressional appropriation to CPB, Federal Grants and Contracts, Local Governments, State Governments and State Colleges and Universities, an amount that totals almost $252,000,000 dollars. (derived from Table 2) By far, most of this taxpayer-based funding for public radio goes to NPR and its affiliates. A relatively small amount goes to other public radio, such as the egregiously biased, lunatic fringe Pacifica Radio, which is so extreme in its coverage of Israel that it actually makes NPR sound reasonable.

The bottom line is that contrary to NPR's claims, the local affiliates are using taxpayer money, much of it funneled through the CPB, to pay for NPR's programming, which they otherwise could not afford. And without that money that is then sent to NPR, the network could not survive. Which is why NPR fights so hard to maintain and even increase that taxpayer funding.

Charlie Clark on the Higher Cost of American Higher Education

His review of Higher Education? How Colleges Are Wasting Our Money and Failing Our Kids — And What We Can Do About It, as published in AARP Magazine:

If you can afford to plunk down the cash to buy a Lexus — and do it each September for four years running — you're probably not flipping out about sending your kid to college. But even bottomless moneybags hate rip-offs, which is close to the way many renowned American universities come off in Higher Education?: How Colleges Are Wasting Our Money and Failing Our Kids---and What We Can Do About It


The authors — Andrew Hacker, a political science professor at the City University of New York, and Claudia Dreifus, a New York Times contributing writer who teaches at Columbia University — are out to spread itching powder beneath the robes of academe. "The American way of higher education puts a premium on prestige," they opine, "making a fetish of brand names and using price as a guarantor of quality." This $420 billion industry, they write, has proliferated to the tune of 4,352 educational franchises nationwide, yet somewhere during that growth spurt it lost track of its original purpose: "to challenge the minds and imaginations of this nation's young people, to expand their understanding of the world, and thus of themselves."

The question mark in the book's title is designed to cast doubt on the value proposition of today's conventional, and costly, college experience. Many of the book's jabs — at professors who shun teaching, at the "intercollegiate arms race" waged over cushy student amenities such as recreational climbing walls and specialized cafeteria food — are familiar. But Hacker and Dreifus have also done enough new research to fire some jarring blasts at formerly unassailable brands.

Take Princeton. A survey of its Class of 1973 found that not a single alumnus had served in a cabinet or sub-cabinet position, in Congress, as a federal judge, or as a CFO or CEO of any major national company. Or take Harvard, where full professors pull down an average annual salary of $192,600, for which some of them teach only one course per year. The sinking prestige of classroom instruction, claim Hacker and Dreifus, is subverting undergraduate education nationwide. For starters, professors — particularly those who have earned the protective shield of tenure — identify more with far-flung colleagues in their disciplines than they do with the supposed "learning community" in which they are embedded. And these "teachers" — researchers, really — propose increasingly recondite subjects as courses simply because those happen to be the ones they are pursuing for their latest journal article or book.

Higher Education? unearths professors who boast of arbitrarily assigning students too much reading. But when the book describes the "predicament" of college students loath to avail themselves of professors' scanty office hours lest they "waste" the time of great minds, the authors' argument gets hard to swallow. Could Hacker and Dreifus truly be unaware of "helicopter parents," hovering over professors to demand that they lavish more time and attention on their precious charges?

How did college get so pricey? The graduate teaching assistant who’s handling your introductory sociology class might blame it on "the intrinsic nature of a bureaucracy to propagate itself." And she or he would have a legitimate point, for the ratio of campus bureaucrats to students has doubled since 1980. Corporate-executive-style compensation levels for superstar campus presidents have hyperinflated tuition bills, too; Elwood Gordon Gee of Ohio State University, Nicholas Zeppos of Vanderbilt University and Shirley Ann Jackson of Rensselaer Polytechnic Institute all command million-dollar pay packages.

If Hacker and Dreifus were education czars, they would surely reshape the American campus. But some of their ukases hold more water than others:

1) Subordinate pure research to practical teaching. Achieving this goal would benefit the "undergraduate consumer," to be sure, but where would it leave campus-based researchers on track to cure cancer? One of the "off-label uses" for campus research that emerged from the recent BP disaster, for example, came when fistfuls of Gulf-area college professors suddenly began weighing in with oil-containment strategies they had been pursuing as pure research projects for years.

2) Abolish tenure. The authors contend that it no longer serves its original purpose: to safeguard academic freedom. It should therefore be replaced, they say, by five- to seven-year teaching contracts and cash incentives for earlier retirement.

3) Spend less money ginning up football and basketball fever. Risking coming across as killjoy critics of the sports fandom that boosts colleges' visibility (and, in some cases, alumni donations), they ask why squads from Western Kentucky and Vermont, for example, must travel to California to play Stanford in softball.

The true value of a college degree, Higher Education? reminds us, lies in fostering a student's ability to think independently. To that end, the authors profile 11 moderately priced, publicly funded regional colleges that they believe pull this off. If their picks (listed below) are accurate, the most promising future for higher education may reside in a state U. near you.

Arizona State University
Berea College
The Cooper Union
Evergreen State College
Massachusetts Institute of Technology
Raritan Valley Community College
University of Colorado
University of Maryland, Baltimore County
University of Mississippi
University of Notre Dame
Western Oregon University

Cook Political Report's Pre-Election Analysis

From the Cook Political Report:

November 1, 2010 
The Cook Political Report's pre-election House outlook is a Democratic net loss of 50 to 60 seats, with higher losses possible. A turnover of just 39 seats would tip majority status into Republican hands. The midterm maelstrom pulling House Democrats under shows no signs of abating, if anything it has intensified. Whereas fewer than a third of Democratic Senate seats are up for election, House Democrats are suffering the full violence of this national undertow. Over a quarter of the entire 255-member House Democratic caucus have trailed GOP opponents in at least one public or private survey, and nearly half have tested under 50 percent of the vote in at least one poll. At this point, only 181 House seats are Solid, Likely or Lean Democratic, while 204 seats are Solid, Likely or Lean Republican, and 50 seats are in the Toss Up column. While there are certain to be at least 43 new members of the House thanks to 41 open seats and two vacancies, between 40 and 50 incumbents (over 95 percent of them Democrats) are likely to lose their seats, making for possibly the largest freshman class since 1992.

Vote Tuesday!

I don't believe in early voting, but do believe in voting on Election Day, after all the arguments have been made, and all the facts that are going to come out have come out...so, I'll be voting Tuesday, Nov. 2nd, and hope our American readers do so as well--for the candidates of their choice...

A Brief History of the Jack O' Lantern...

From History.com:

People have been making jack o'lanterns at Halloween for centuries. The practice originated from an Irish myth about a man nicknamed "Stingy Jack." According to the story, Stingy Jack invited the Devil to have a drink with him. True to his name, Stingy Jack didn't want to pay for his drink, so he convinced the Devil to turn himself into a coin that Jack could use to buy their drinks. Once the Devil did so, Jack decided to keep the money and put it into his pocket next to a silver cross, which prevented the Devil from changing back into his original form. Jack eventually freed the Devil, under the condition that he would not bother Jack for one year and that, should Jack die, he would not claim his soul. The next year, Jack again tricked the Devil into climbing into a tree to pick a piece of fruit. While he was up in the tree, Jack carved a sign of the cross into the tree's bark so that the Devil could not come down until the Devil promised Jack not to bother him for ten more years.

Soon after, Jack died. As the legend goes, God would not allow such an unsavory figure into heaven. The Devil, upset by the trick Jack had played on him and keeping his word not to claim his soul, would not allow Jack into hell. He sent Jack off into the dark night with only a burning coal to light his way. Jack put the coal into a carved-out turnip and has been roaming the Earth with ever since. The Irish began to refer to this ghostly figure as "Jack of the Lantern," and then, simply "Jack O'Lantern."

In Ireland and Scotland, people began to make their own versions of Jack's lanterns by carving scary faces into turnips or potatoes and placing them into windows or near doors to frighten away Stingy Jack and other wandering evil spirits. In England, large beets are used. Immigrants from these countries brought the jack o'lantern tradition with them when they came to the United States. They soon found that pumpkins, a fruit native to America, make perfect jack o'lanterns.