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Arizona Summit, Charlotte and Florida Coastal downsize their full-time faculties by 39%

[ 15 ] March 26, 2015 |

oliver twist

Earlier this week I was told that in January the Charlotte School of Law had bought out the contracts of a dozen faculty and 15 staff members, and that last month Arizona Summit had bought out an unspecified number of faculty. I was also told students at Charlotte were upset about the sudden faculty departures.

I contacted Jay Conison and Shirley Mays, the deans at Charlotte and Arizona Summit, and they responded as follows: Read more…

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The Complexities of Revitalizing Neighborhoods

[ 88 ] March 26, 2015 |

Ohio_City_West25th

I know Cleveland fairly well, though I haven’t spent much time there in the last few years. Much of the city is obviously a mess. I love the place more than pretty much any other city east of the Mississippi and there is so much potential for cool things to happen there. One of the highlights of the city is the neighborhood Ohio City, which has a bunch of cool bars and breweries and restaurants and markets. It’s growing and this is positive. The problem is, as these things tend to be, is that the people who are spurring it are enormously egotistical yuppie neoliberals who make me want to puke. I guess this shouldn’t matter. But as this profile of some of the movers and shakers in Ohio City suggests, when they start thinking of themselves as Congressional material, it moves beyond the personally repulsive into the really problematic.

There are signs Veysey is serious about the “doing good” part: After the Obama campaign, Veysey tried his hand at being a candidate. In 2012 he ran for Congress against Rep. Marcy Kaptur and Dennis Kucinich. Veysey’s politics during that campaign were those of a generation growing up in the age of neoliberalism: He was left to the two more established candidates on social issues like gay marriage and abortion, and more to the right on economic ones. Veysey is okay with things like NAFTA, a liberal bogeyman; he thinks America’s debt is one of the country’s biggest issues; he thinks underperforming schools should be starved of money.

Veysey only captured 4 percent of the vote, but the run nonetheless whetted his appetite for more do-goodery.

“I thought that I could have brought value when I ran for office,” Veysey said. “But you don’t have to be in office to bring value to a community.”

Still, there are major differences between being the King of Hingetown and a congressman. Political leaders are, at least in theory, meant to represent everyone, not just the well-off. And Hingetown is definitely not meant for everyone.

This guy is gross enough without running for Congress as a neoliberal who thinks Marcy Kaptur and Dennis Kuchinch are too far to the left on economics. I mean, if there’s one thing that Cleveland needs, it’s a pro-NAFTA congressman who wants to see more Ohio jobs shipped overseas and more poor schools closed and replaced with capitalist schools! And if his goal is to make Ohio City a haven for the rich, which seems likely regardless of the positive things happening there now, that’s also a bad thing.

On the other hand, doing something with the many struggling neighborhoods of Cleveland is really important. So I’m torn.

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The Satirical Novel We’re All Living In Continues to Lack Subtlety

[ 169 ] March 25, 2015 |

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Shorter Verbatim Buckley “Yes of course Tucker Carlson’s brother is named Buckley” Carlson: “Great response [DeBlasio Spokesperson] Amy Spitalnick. Whiny little self-righteous bitch. “Appalling?” And with such an ironic name, too… Spitalnick? Ironic because you just know she has extreme dick-fright; no chance has this girl ever had a pearl necklace. Spoogeneck? I don’t think so. More like LabiaFace.”

What a wit!

Meanwhile, in attempting to play the good cop, his brother remains the most irritating concern troll in the known universe.

…see also.

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Happy Triangle Day

[ 38 ] March 25, 2015 |

Triangle-Fire-gs

104 years ago today, 146 American workers died at the Triangle Shirtwaist Factory in New York. Combined with the Centralia mine disaster I profiled earlier today, March 25 should be known as American Workplace Disaster Day. Keith Mestrich has a few thoughts on the anniversary and its meaning in the present:

Many will remember in April 2013 when a fertilizer factory in West, Texas, which improperly stored chemicals, exploded. Fourteen men were killed and more than 300 people were injured. The facility was non-union. Stronger workplace protections perhaps could have saved those men’s lives. But since then, Rick Perry and the state of Texas have continued to beat their anti-union drum and have not managed to pass a single new law or regulation to make workplaces safer in their state.

The images of that factory in Texas exploding quickly went viral, ricocheting throughout social media. The tragic photographs from the aftermath of the Triangle Shirtwaist Fire should capture our attention just as much. They may look like distant history but they show a society that did nothing to protect its workers. One hundred and five years later, we cannot make the mistake of thinking the battle is won. The richest country on Earth can afford to protect its workers. And the people of this country deserve to be led by men and women who care whether Americans can get home safely to their families at the end of their shift. The young women who died on that fateful day deserve at least that much.

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The Gunman

[ 135 ] March 25, 2015 |

Did you ever want to see a roided-up Sean Penn star in a male wish-fulfillment fantasy where he makes Javier Bardem look like a  dumb Spanish pansy? Well then “The Gunman” is for you.

“Gunman” is about a former Special Ops (because of of course) guy who has a past providing security for humanitarian compounds in The Congo, and–oh yeah–assassinating the country’s Minister of Mining. He tries to atone for his past misdeeds by returning to his old haunts and digging wells for the locals. He also has time to surf and lift weights for about four hours a day, apparently. His super-manly existence is upended when he’s attacked by men looking to get a Proof of Kill. The rest of “The Gunman” is about his surprisingly uninteresting attempts to find out exactly who’s targeting him.

The gunman is a badass. Buff and self-assured and able to get himself out of a jam in almost supero-esque ways. He also has a European Girlfriend TM. (European Girlfriend TM* has a French accent but speaks and understands English perfectly. European Girlfriend is effortlessly lovely, with soulful brown eyes, charmingly-crooked teeth, beautiful skin and perfectly-tousled chin-length brown hair. European Girlfriend maintains her artifice-free loveliness merely by walking to patisseries and bathing in artisanal olive oil.)  And she’s anxious to hop on his junk despite being married to Javier Bardem and being repeatedly ditched by the gunman (for her safety, of course).

Speaking of Javier Bardem, I went to the film thinking he’d be in it a lot more. He made the movie for me– I love watching the man act. His reactions to losing European Girlfriend to Gunman over and over are the best, most emotionally-wrought parts of the film. Otherwise, I’d say “The Gunman” is merely a passable way to spend two hours.

 

*Sometimes European Girlfriend has slightly longer hair…and a Spanish accent.

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American Clothing Suppliers Use Gangs to Bust Unions

[ 12 ] March 25, 2015 |

Lindintracuay

This is precisely the reason why we need to be able to hold American corporations legally accountable for the actions of the suppliers:

Textile companies that make clothing for transnational brands in El Salvador are accused of forging alliances with gang members to make death threats against workers and break up their unions, according to employees who talked to IPS and to international organisations.

Workers at maquila or maquiladora plants – which import materials and equipment duty-free for assembly or manufacturing for re-export – speaking on condition of anonymity said that since 2012 the threats have escalated, as part of the generalised climate of violence in this Central American country.

“They would call me on the phone and tell me to quit the union, to stop being a trouble-maker,” one worker at the LD El Salvador company in the San Marcos free trade zone, a complex of factories to the south of the Salvadoran capital, told IPS.

She has worked as a sewing machine operator since 2004 and belongs to the Sindicato de la Industria Textil Salvadoreña (SITS) textile industry union. Some 780 people work for LD El Salvador, a Korean company that produces garments for the firms Náutica and Walmart.

“They told me they were homeboys (gang members) and that if I didn’t quit the union my body would show up hanging from one of the trees outside the company,” she said.
She added that LD executives hired gang members to make sure the threats directly reached the workers who belong to SITS, on the factory premises.

The warnings have had a chilling effect, because only 60 of the 155 workers affiliated with the union are still members, she said. Many quit, scared of falling victim to the young gangs, organised crime groups known in Central America as “maras”, which are responsible for a large part of the murders every day in this impoverished country.

This is all implicitly approved of by American trade policy and of course by Walmart and the other developed world corporations contracting in El Salvador. Obama’s cherished Trans-Pacific Partnership would double down on this global race to the bottom. Today is the 104th anniversary of the Triangle Shirtwaist Fire. That fire happened in part because the Uprising of the 20,000, 2 years earlier, failed to force sweatshop owners to improve working conditions. One reason for that was that those sweatshops hired prostitutes to start fights with striking workers, giving the police an excuse to bust the heads of the strikers. Very little has changed except that American companies have shifted the nation of production away from the U.S. None of this will change until we create a global legal system that holds these corporations accountable for the actions of their suppliers, giving workers in El Salvador and other nations legal recourse in the national home of corporate origin to fight against these horrible things. Right now, unlike in 1909 and 1911, it’s all out of our sight. That has to change if we don’t want Walmart suppliers employing murderous gangs to keep wages low.

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Confederacy of dunces

[ 48 ] March 25, 2015 |

american stars and bars

I have a piece on the Confederate flag license plate case:

What’s most objectionable about confederate flag specialty plates isn’t that some people might mistakenly think that the Texas state government is endorsing the political views of people who display confederate flags (they will likely not commit this error). Rather, it’s conceivable that people will conclude that the state is willing to do just about anything to make a buck, including turning its license plates into a free-fire advertising zone, where anybody can sell anything as long as they’re willing to give a cut of the proceeds to the Lone Star State.

There’s a perfectly constitutional way for Texas not to allow people to feature confederate flags on the state’s license plates, which is not to sell the right to advertise their political beliefs on those plates to anyone to begin with. But that would require ever-so slightly raising some tax rate or another to make up for the lost revenue, so the state would rather try to violate the First Amendment.

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This Day in Labor History: March 25, 1947

[ 9 ] March 25, 2015 |

On March 25, 1947, the Centralia Coal Company’s No. 5 mine in Centralia, Illinois exploded, killing 111 workers. This disaster, caused by extremely unsafe working conditions from employers utterly indifferent to the lives of their workers, helped move forward, however slowly, the nation’s push toward safer working conditions in coal mines.

In the Centralia No. 5 mine, workers labored up to 3 miles underground. In the late afternoon of March 25, coal dust exploded. Fire flashed through the tunnels. Poison gas that builds up after a mine explosion, known as afterdamp, began accumulating in the mine, severely threatening the lives of those not killed in the explosion and fire. 142 men were in the mine. 65 died from burns and 45 by afterdamp. An additional individual died of afterdamp in the hospital. Only 31 miners survived. As the surviving workers began succumbing to the gas, they scratched final goodbyes to loved ones on the mine walls. One scribbled “”Dear wife, Goodbye. Forgive me. Take care of all the children.” Sad stuff.

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Bringing out the dead in Centralia

In the six months prior to the explosion, the Centralia mine had undergone two inspections by federal mine inspectors and both had found serious violations of the Federal Mine Safety Code. The second investigation took place a mere five days before the explosion. But the enforcement power of the government was weak and nothing was done. Centralia did have to pay small fines, but the company decided it was a good value to just pay the fines rather than fix the safety in the mines. A year before the explosion, UMWA Local 52 recording secretary William Rowenkampf wrote to Illinois governor Dwight Green, asking him to get involved in the unsafe conditions at the Centralia mine. He wrote:

This is a plea to you, to please save our lives, to please make the department of mines and minerals enforce the laws at the No. 5 of the Centralia Coal Co. before we have a dust explosion at this mine like just happened in Kentucky and West Virginia.

Green ignored the request.

United Mine Workers of America president John Lewis made workplace health and safety a major issue for his union as World War II concluded. In 1946, Lewis led over 300,000 workers on strike in demand for an employer-paid health plan. President Harry Truman responded by seizing the mines and Lewis began negotiating with Secretary of the Interior Julius Krug (Interior has regulatory responsibility for most mines) instead of the employers. The Krug-Lewis Accord was signed in May 1946 and established a jointly operated health plan between the UMWA and the government funded by a five cent tax per ton of coal. However, the operators resented both federal intervention and the entire agreement and Krug did little to enforce it either. The miners continued to seethe over the lack of safety and health on the job.

Lewis announced a six-day national walkout after the mine disaster, using the union’s right to call memorial days to remember dead comrades. Lewis was furious. He attacked Krug for failing to enforce existing mine safety legislation. He stated, “The killing must stop. Coal is heavily saturated with the blood of too many brave men and the tears of too many widows and orphans.” Lewis demanded that President Truman fire Krug. Truman refused (and it’s not like Lewis had that many friends in the highest reaches of the Democratic Party in 1947 anyway). Rather, Truman and his advisers believed that Lewis called the walkout as a way around an injunction against a previously planned strike to begin April 1. However, this did elicit a response from the Truman administration. Krug ordered 518 mines to remain closed for federal inspection even after the UMWA walkout ended.

Unlike the many mine disasters of the past, this one got the attention of Congress. Both the House and Senate conducted hearings on mine safety. Lewis furiously attacked Krug for failing to enforce the heath plan of the previous year. He testified:

If we must grind up human flesh and bone in the industrial machine we call modern America, then before God I assert that those who consume coal and you and I who benefit from that service because we live in comfort, we owe protection to those men first, and we owe security to their families if they die.

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John L. Lewis testifying before Congress, 1947

Congress began to move toward a more permanent regime of federal mine inspection, which was extremely weak in 1947. The House and Senate passed a joint resolution urging the Bureau of Mines to continue inspecting mines for safety and passing along any found violations to the respective state regulatory agencies. But of course state regulations are almost always extremely pro-business and the reporting to the states provision demonstrates just how weak the federal presence was in workplace safety as late as 1947. Congress also passed Public Law 328, which asked the states to comply with federal mining regulations. Yes, asked them. There was no enforcement. Of the 26 coal mining states, 17 reported fully, 2 partially, and 7 not at all. Even Congress wasn’t really that serious here; the Senate’s appropriation for the investigation of the disaster was all of $5000. Finally, the U.S. Bureau of Mine Safety admitted that only 2 mines in the entire nation actually were safe for workers.

Eventually, in 1952, the Federal Coal Mine Safety Act passed which for the first time gave federal mine inspectors the ability to shut down mines in extremely dangerous conditions. Yet this still remained a relatively weak law and it would not be until 1969 and miners’ own activism against the indifference of their union leadership at that time before a strong act would pass to protect them on the job. Even today, the health and safety of coal miners is treated with contempt by companies and indifference by the regulatory agencies of the government.

To remember the Centralia mine victims, Woody Guthrie wrote “The Dying Miner.”

Some of this material is borrowed from James Whiteside, Regulating Danger: The Struggle for Mine Safety in the Rocky Mountain Coal Industry. See also Daniel Curran, Dead Laws for Dead Men: The Politics of Federal Coal Mine Health and Safety Legislation. The letter from the UMWA to the Illinois governor is found in Joe Allen, People Wasn’t Made to Burn: A True Story of Race, Murder, and Justice in Chicago.

This is the 139th post in this series. Previous posts in this series are archived here.

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On Marijuana Policy Reform, Senate to Do What it Does Best: Nothing

[ 16 ] March 25, 2015 |

Proponents of the strongest version of the War (On Classes Some People Who Use Some) Drugs ain’t going down without a fight:

But the Senate Judiciary Committee is emerging as a serious buzz kill for the pro-reform set.

The powerful panel is stacked with some of the most senior lawmakers in Congress, many of whom came to power during a tough-on-crime era of the drug wars that saw stiffer penalties for drug possession. Several of them openly gripe about what they call the Obama administration’s lack of enforcement of existing federal drug laws — and they certainly aren’t willing to send a signal that Congress is OK with the movement to liberalize pot.

“I’m probably against it,” Sen. Orrin Hatch of Utah, the most senior Senate Republican and a member of the Judiciary Committee, said of the cannabis bill

“I don’t think we need to go there,” added Sen. John Cornyn of Texas, the No. 2 Senate Republican and former Texas attorney general and state Supreme Court justice. “This is a more dangerous topic than what a lot of the advocates acknowledge.”

Republicans most recently made news on the marijuana front in December, adding language to a spending bill that effectively blocked sales of pot in the District of Columbia — where, a month earlier, voters overwhelmingly approved a legalization measure.

But the slow boring of hard etc.  Good for Gillibrand et. al for putting this on the agenda.

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Grift American style

[ 132 ] March 24, 2015 |

elmer gantry

Salon has an interview with Rick Perlstein, in which Perlstein explains how Mike Huckabee’s hawking of some magic beans that purportedly cure diabetes is all of a piece with the intersection of New Right politics and good old fashioned American hucksterism:

[O]nline publications like Human Events and Newsmax— which is files and files of their horrible con games— would rent out their good name and their lists. You’d see something in your email like, Dear Human Events reader… and something about a 99-cent cancer cure. You never could tell where the grift begins and the politics end because there would always be rhetoric about how there’s a liberal conspiracy to hide this knowledge from the public; that this particular cancer cure was used by Ronald Reagan, et cetera, et cetera. . .

I believe that in the 1990s, The New Republic did an exposé of how Pat Buchanan had turned running for President into a business, so it didn’t start with Ben Carson or Mike Huckabee.

One of the many things I admire about Perlstein’s work is that he’s not contemptuous toward the people who are getting conned by this sort of thing, but rather understands the worldly success of the likes of Pat Robertson and Glenn Beck as a product of structural social and cultural factors, rather than evidence of individual stupidity and/or culpable naivete on the part of their marks:

A lot of this stuff comes from Evangelical culture, which is a culture of witness, so the hawking of miracles is absolutely baked into the cake. Someone like Pat Robertson was followed by a figure like Pat Buchanan or any number of candidates in the last two or three Republican primary seasons, who make a lot of noise by doing decently well in early polls but then fade out once the seasoned pros take over and the money becomes preeminent.

If this historical pattern holds, Mike Huckabee, if he does well early, will flame out before the second or third inning but I see no impediment whatsoever for him to be disqualified by the conservative rank-and-file, simply because this stuff has been going on without much complaint since the 1970s. This is part of the hustle, right? If Huckabee can claim to have been victimized because of his activities, he can always claim it’s the conspiracy of the liberal elites… and then it’s off to the races. . . .

Glenn Beck is a Mormon and this stuff is baked into Mormon culture even more than Evangelical culture. There’s the whole culture of multilevel marketing— or pyramid schemes, as they’re more derisively known— which is basically a system where you buy a franchise for some kind of product but you really only make money by selling a chunk of the franchise to your neighbor. The further down the line you are, the less likely you are to realize any profits, and most people lose lots of money on this stuff. MLM, some people joke in Utah, stands for “Mormons losing money” and so these guys are masters of the stuff. There’s also a culture of Evangelical or Mormon witnessing; being able to cry on cue when telling the story of your victimization is very important. This goes back to Elmer Gantry as portrayed by Burt Lancaster in the film of the same name.

There is or was a right-wing talk radio station in Denver, and awhile back I listened in rapt fascination to the Michael Savage show while stuck in a traffic jam. I was particularly struck by how between all the frothing at the mouth, Savage would pitch every kind of snake oil imaginable — miracle medical cures of course, but also financial miracles via no money down real estate pyramid schemes, gold bug propaganda, survivalist kits, you name it.

Anyway, all this makes me think of (what else?) law schools, but really you can apply a grifter-style frame to a huge number of social institutions, from the most disreputable to the most respectable. (For instance climate change denialism lends itself very well to this typology.)

I propose the following typology, using the current crisis in legal education as an exemplar. Any successful sustained grift (the term of art is a “long con”) will feature three sorts of promotional characters. These character types have fuzzy boundaries, and indeed a single person may at any one time exhibit traits of two or all three of them, as well as moving between types over time.

The Wise Guy

This guy (or gal) is on the grift and knows it. He therefore has a certain purity to him. Example: The people running Sterling Partners, the Chicago private equity firm that figured out how to gorge itself on federal loans by opening up for-profit open-enrollment law schools. Sterling Partners knows exactly what it’s about, which is profit-maximization courtesy the American taxpayer.

The Bullshitter

These are the classic sales types. Asking them if they believe their own pitches is like asking an actor if he really is the character he’s playing. In other words the question itself involves a category mistake. Examples: Basically every law school dean when he’s playing the role of a law school dean.

The Zealot

This person really believes. It’s of course extremely tempting to believe things that one wants to believe are true, and plenty of people give in to that temptation, even if doing so requires performing certain unnatural intellectual acts (Flaubert: “To be stupid, selfish, and have good health are three requirements for happiness, though if stupidity is lacking, all is lost.”).

I could add plenty of illustrative links but reading Perlstein makes me feel a certain sympathy for the devils, so readers can come up with their own favorites.

I do wonder where Erwin Chemerinsky fits into this maze however.

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Racial Thursdays

[ 36 ] March 24, 2015 |

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Look, the Army boys just need a little time to blow off some stress by indulging in open racism….

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We Must Kill the Free Market In Order To Protect It, NCAA Cartel Edition

[ 212 ] March 24, 2015 |

bcs_200Above: A Sponsorship That Must Have Been Given Away For Free Because the Noble Ideals Of Amateurism (TM)

This genre of NCAA lickspittlism might be my very favorite. “NCAA players have absolutely no value that contributes to a billion-dollar industry. People cheer for laundry, coaches, and administrators, not specific players. In conclusion, we need to completely eliminate the market so that players cannot be paid.” I mean, “we must preserve the Noble Ideals of Amateurism” is a terrible argument that is neither attractive in itself nor remotely relevant to the actually existing NCAA, but at least its assumptions don’t immediately collapse on themselves even in theory.

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