Corporate Hacks Dominate at Mr. Jefferson’s University

The University of Virginia was thrown into a bit of an uproar in June 2012 after the university's president, Teresa Sullivan, “a 62-year-old eminent scholar of labor-force demography whose appointment drew national attention in 2010, was forced out during a closed-door session of the Board of Visitors in which no official vote was taken. The June 10 announcement that she would resign blindsided Sullivan and ignited wide outrage and protests,” according to the Associated Press. This controversy showcases the contemporary “corporatizing” tendency that has been taking place in university governance more generally. For non-academics to trump scholars on matters touching on academic policy is at the very least counter-productive (if not illogical). In this essay, I discuss Sullivan’s ouster at Virginia in order to advance the proposition that faculty senates rather than boards of corporate managers should have the final say on policy at colleges and universities. At public universities, only a legislature or president should be able to over-rule a faculty (assuming there is a very significant proportion of public funding).

Regarding the controversy at the University of Virginia, the Associated Press reported that, “(f)or her part, Rector Helen Dragas publicly disclosed Thursday more detailed reasoning behind Sullivan’s ouster.” She “did acknowledge that the board mishandled Sullivan’s removal, and apologized. ‘In my view we did the right thing, the wrong way,’ Dragas said.” Her “six-page statement said Sullivan wasn’t acting quickly enough to address financial pressures facing higher education, the role of online learning, changes in the health care environment, the increased student-faculty ratio, fundraising, and other strategic challenges. The university lacks long-range plans on several of those fronts, it added. ‘No matter how you feel about our actions, these challenges represent some very high hurdles that stand in the way of our university’s path to continued success in the coming decade, and they are going to remain front and center for the next board and the next president over the coming years,’ the statement said.”

 For her part, Sullivan countered by saying, “Sweeping action may be gratifying and may create the aura of strong leadership, but its unintended consequences may lead to costs that are too high to bear.” Moreover, “Corporate-style, top-down leadership does not work in a great university,” she said. “Sustained change with buy-in does work.” The subtext here is that scholars don’t behave like corporate managers. Running a college is more like herding cats than managing by memo. Not being scholars themselves, the board and its chair at Virginia missed this vital distinction. According to the New York Times, “(m)any public university presidents, past and present, said that those on the boards of the leading universities — typically business executives without much experience in academia — do not always understand the complexities of leading a large research university, and the degree to which a president can succeed only by persuading. ‘Everybody thinks university presidents are hierarchical and top-down,” said Donna E. Shalala, president of the University of Miami . . . ‘But we are not corporate chieftains, and we cannot rule from the sky. We are more like tugboat captains, trying to get our ships aligned and pulling them in the right direction.’ The great research universities, she said, have achieved their dominant position in the world through shared faculty governance, and leaving faculty both academic and research freedom.” Such freedom does not compute from a corporate mindset. Whereas military-style “orders” are commonplace in the business world, scholars bristle at the prospect of a colleague barking out commands. "In the end," according to the Times, "the fundamental disagreement at the University of Virginia concerned the approach to change that the president should take — either incremental, with buy-in from each of the constituencies, or more radical, imposed from the top." That is, the ways of academic clashed with an interlarded corporate approach.

Indeed, the board at Virginia came from a very different world than that of years in a doctoral program followed by still more years working toward tenure. "Political contributions to our governors have become more important factors in the selection of our board members," said John Casteen III, who served as President of UVA for the 20 years prior to Sullivan's appointment. According to the Huffington Post, The UVA Board of Visitors included “a real estate developer, a coal company magnate, a Wall Street professional, a top lawyer for General Electric, a nursing home executive, [and] a beer distribution entrepreneur.” Lest it be presumed that the lawyer (or a physician) could substitute for a scholar, neither the first degree in law nor the first degree in medicine constitutes a doctorate. 

Accordingly, the board's motivation may have been rather pedestrian, or corporate (think of Fuld at Lehman Bros or Coyne at Bear Stearns), without due respect for the academic values and traditions particularly dear to the scholars who teach at the university. The Huffington Post reports that emails between the Rector and Vice-Rector “indicate that much of their motivation to remove Sullivan stemmed from three media articles, rather than professional or academic literature. One, a New York Times column by David Brooks, lauded online courses, as did a Wall Street Journal editorial, and an article in the Chronicle of Higher Education.” In one email, the Vice Rector even suggests that providing a “modicum of candor” might be prudent. I smell a rat. 

The secrecy of the board’s decision alone—without even a formal vote being taken (and given the failure of the Rector to adequately explain her “board’s” decision after the fact to the faculty senate meeting behind closed doors)—suggests that the real reason could have had more to do with personalities than policy. However, if “philosophical differences” were at issue as Sullivan suggests in her public statement after her firing, I submit that it is scholars rather than political donors from the business world and that of the professions who have the wherewithal to make judgments regarding academic matters, as in determining whether (and how much) to expand on-line courses. According to the New York Times, Dragas had been "especially concerned about pushing ahead in online learning." Sullivan warned that online education was no panacea — and indeed, was “surprisingly expensive, has limited revenue potential and unless carefully managed can undermine the quality of instruction.” Scholars such as Sullivan are in a much better position to judge the academic suitability of such courses than is a beer distributor, a business executive, or a physician.

Pedagogy as well as learning can take a real hit if technology is relied on too much, especially at the doctoral level where the in-person aspect of seminars has real academic value. To assess that value, one must have experienced it oneself, rather than merely read about it online. Regarding the for-profit colleges that offer “on-line doctorates,” I worry that the doctoral degree itself is being rarified rather than protected. I have met students in such programs who somehow claim to know all about the alternative that they are missing. Of course, they are perfectly able to dismiss its academic value without even a suspicion that they could be wrong about something they have never experienced. Such a mark of closed ignorance among “doctoral students” is itself a red flag concerning where “higher education” in America is headed. 

In the case of on-line courses, the application to freshman and sophomore lecture classes is one thing, whereas the application to doctoral seminars is quite another. My point is that scholars who have lectured in large lecture halls and taught small graduate seminars are in a unique position (i.e., superior to non-academics on a university's board) to discern this vital difference. That a beer distributor would sit in judgment over a professor's judgment on such a matter is a bit like wandering down the rabbit hole only to expect things to be the same. To a scholar, the presumptuous entitlement of such overarching ignorance can only be emetic, not to mention downright insulting.

Generally speaking with respect to the academic and corporate worlds, what is of value in academic terms does not necessarily translate into financial terms (or value). A visiting scholar at a university who does research, for example, is likely a “zero budget item” (i.e., not paid by the university), yet he or she is of high academic status by virtue of having earned a doctorate (and perhaps even published a book, by which I don't mean one filled with simplistic bullet-points and overly-complex organizational diagrams).

To a business practitioner or professional (i.e., a lawyer, CPA, or physician), such academic status sans salary does not translate, and thus is of no value. In fact, the value would be negative, given the presumed opportunity cost (i.e., the money that could otherwise be earned by being bored in a mindless corporate cubicle). Lets be clear: that something has no value in corporate or business terms does not mean that it has no value. Even if a society allows its business sector to set societal norms, the realm of knowledge (i.e., scientia) is not so pliable, at least in principle. Perhaps the same could be said of the religious realm. How much value in business terms can be attributed to the Kingdom of God, for instance?

Showing its true colors, the “corporate” board at the University of Virginia evinced an utter lack of respect for the university's scholars by refusing even to provide the faculty senate with an explanation with a “modicum of candor.” To reduce scholars to a modern employee-classification (which is a given at least at for-profit "universities") ignores the academic status of scholars in academia. That is, it ignores the qualitative differences that distinguish faculty, staff, and students at a college or university.

Some staff try to get around basic clusters (i.e., faculty, staff, and students) by referring to themselves as "academic staff." To be sure, librarians are not exactly kitchen help, but neither do librarians hold a doctoral degree (e.g., the DBA, Ph.D., D.Sci.M., J.S.D., or Ed.D.). Hence, even the very laudable (and valuable) librarians working in academic libraries cannot be counted as colleagues with the scholars.

At one large research university at least, a significant number of graduate students in doctoral programs in the liberal arts claim to be colleagues with their professors because those students teach too. They refer to the "undergrads" there as the students. "I'm not a student; I'm a graduate student" is the sort of illogical claim made as if with impunity by some of the more arrogant usurpers. Their teaching, by the way, is typically limited to discussion sections of their professors' lecture classes.

Lest there be any confusion, graduate students are not colleagues with their professors. That this rather basic academic point is denied or ignored when convenient is just another indication that modern academia is under threat even from within its ranks. The fact that university governance boards increasingly rely on people from outside academia suggests that academic mores and standards will not be protected even from the encroaching decadence within universities.

Referring to Sullivan's firing, a program officer at the American Association of University Professors laid out the basic flaw that has been allowed to fester in university governance. "More and more boards come from non-academic backgrounds, and one consequence of that is a lack of appreciation for and understanding of the academic enterprise,” said Robert Kreiser. He told the Huffington Post that "the UVA debacle is only the most extreme example of an ongoing phenomenon in which those ‘who don't appreciate what higher education is about and who are more concerned about corporate interests and corporate considerations’ come to govern academia.” Both the hegemony of corporate interests (and values) in corporate governance and the tacit lack of respect in the business sector (and American society more generally) for the vocation of the scholar should be (but sadly are not) recognized as red flags. At the very least, the priority belies any interest in the higher education of generations to come (i.e., your children).

Therefore, we should return to the classical notion that a faculty of scholars ought to have the final say in the running of a college or university. At the very least, a version of the business judgment rule in corporate governance (wherein managerial judgment on business matters trumps stockholder votes) should apply to a faculty's academic judgment trumping decisions of a non-academic board (and even a legislature or president in the case of a public university).

The university as an institution has been around, at least in the West, since the High Middle Age. Aquinas, for example, taught at the university in Paris. Applying a corporate mindset (or governance structure) on top of such a seasoned institution is bound to cause problems. I would not blame the professors at the University of Virginia were they more than just a bit annoyed at being relegated on their own turf, or campus (which literally means “field” in Latin), by people in the "real world." This expression itself is highly insulting, as it conveys a judgment of utter dismissiveness regarding the world of academia. The message is that the pursuit of knowledge is in itself inherently irrelevant (e.g., of "the Ivory Tower"). Let’s be clear: wanting to get something useful out of a university does not necessarily involve respect for its sui generis (i.e., unique) ways and values. Furthermore, to filter knowledge according to its contemporary usefulness and display the results as if a poll on power-point slides vastly misconstrues even what knowledge is. To presume to govern the enterprise from such an “understanding” is at the very least audacious, not to mention disrespectful and even reckless.

It is time, in other words, to return academia to the men and women who know and respect it on its own terms (i.e., rather than trying to turn it into a different beast). This is the real lesson coming out of the tussle at Mr. Jefferson’s university, where truth, at least in pinciple, is to be pursued no matter where it leads. Business managers and even the folks in the professional caste do not have this faith. They are thus utterly unsuited in their presumptive entitlement to govern academia as if business trumps knowledge. In other words, there should be some check within academia on the infiltration of the subverted societal values. What's good for GM is not necessarily good for the classroom. 

Fides de scientia: Lux et Veritas must be nurtured, pursued, and protected as ends in themselves, rather than squandered for sordid lucre or subjected to petty politics.

Sources:

Zach Carter and Jason Linkins, “Teresa Sullivan University of Virginia Ouster Led by Politcal DonorsLacking Academic Experience,” The Huffington Post, June 21, 2012.

Associated Press, “University of Virginia Board to Meet to Consider Reinstating President; RectorDefends Ouster,” The Washington Post, June 21, 2012. 

Tamar Lewin, "Public Universities See Familiar Fight at Virginia," The New York Times, June 25, 2012.

Saving the E.U.: Beyond the Squabbles

During the G-20 meeting in Mexico in June 2012, the E.U.’s financial mess was front and center. Francois Hollande wanted the European Central Bank to issue euro bonds and be able to loan directly to banks and to the European bailout funds. In general, he wanted the E.U.’s bank to operate more like the United States’ Federal Reserve—that is, as a lender of last resort (though the Fed could not issue debt to guarantee state debt). In response, Ms. Merkel contended that those proposals must come after more state sovereignty is shifted to the federal level. Shared debt can work only if there is shared decision-making over budgets, taxes and pensions, she said. As Joschka Fischer, a former German foreign minister and Green party stalwart, said, “You can’t mutualize the debt without mutualizing sovereignty; you can’t have the financial benefits of a state without having one.” And yet, the E.U. already had substantial (but not sufficient) governmental sovereignty.

          France's Francois Hollande and Germany's Angela Merkel at the G20 Summit.      AP

The full essay is at Essays on the E.U. Political Economy, available at Amazon. 

Egypt’s Generals: “Boundary Issues”

In a letter to Bishop Mandell Creighton in 1887, John Acton (1834-1902) wrote, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.” This line could be applied to Egypt’s ruling generals both just before and after the presidential election in June 2012.

Days before the election—perhaps in anticipation of a victory by the opposition party—the generals and their allies in the court dissolved the legislature, which after the legislative election had been controlled by the opposition. As if this affront to democracy was not enough, the generals announced that they, rather than the opposition party’s presidential victor, who had received 51.7% of the vote, would appoint the president’s chief of staff. In a sense, this affront is more shocking than the generals' dissolution of the legislature or emasculation of the powers of the presidency because of the sheer presumptuousness in appointing someone else's chief of staff. That is generally recognized as an internal matter to a president.

The generals are like a roommate who thinks nothing of moving one’s personal toiletries in the bathroom (such things are generally known to be personal) or taking and eating one's food from the refrigerator. In other words, the generals had what can be called “boundary issues.” Days after the election, the Generals’ strategy was clear: “Say one thing and do another.” General Assar claimed in a news conference days after the election, “we will give the president of the republic his complete powers.” And yet, the New York Times reported soon thereafter that under the generals' plan, Morsi, the new president, would "assume an office stripped of almost all authority." For example, the new president would not have jurisdiction over the military or its budget, not to mention even his own chief of staff . The aggrandizing generals preserved “broad powers for themselves over matters including defense, national security and perhaps some broad economic issues,” according to Mona el-Ghobashy, an Egyptian political scientist.

What the Egyptians needed was a Teddy Roosevelt of sorts: a man of the bully pulpit who was not afraid to go up against the monopoly trusts of his day (which is why New York bosses had gotten him out of the governorship and into the "safe" (i.e., vacuous) vice presidency). Weeks after being elected, Morsi showed TR-like guts in recalling the parliament that the top generals had dissolved. “He has been waiting to make a decision to prove he is president of a republic,” Gamal Eid, a prominent human rights lawyer, observed.

Lest Morsi be accused of ignoring the ruling of an admittedly-politicized constitutional court, Eid adds that the president’s decree “abolishes an executive order, and it is not related to the constitutional court. It negates the decision of the military council.” He added, “If the choice is between the decree of an elected president and a military council with questionable legitimacy, then we choose the elected president.” Adding to its legitimacy vis à vis the court, Morsi’s decree came with a time limit: the Parliament could serve only until a new constitution could be completed, followed by fresh legislative elections within 60 days. Even though this caveat acknowledged the court’s demand for a new Parliament, the decree nonetheless instantly prompted the generals to call an "emergency meeting" to “discuss the situation.”

Morsi deserves considerable credit for doing what he could rightly have expected to result in opposition (and even an attack) from the generals’ council, whose continued authority was questionable at best, given the generals’ pledge on assuming power to dissolve their council upon the inauguration of the president. The entitlement presumed by the “emergency meeting” is itself pathological, as the response assumes a sort of default authority, which could only be artificial. At the very least, the response evinces an obsessive-compulsive sort of  “control issues.”

I would not blame Morsi one bit were he afraid of the generals as he stepped off the reservation. Regarding the generals’ psychology, to gut an office of power is an underhanded (not to mention selfish) way of not recognizing the democratic legitimacy of an election that does not go one’s way. That is to say, the childishness evinces a selfishness that does not play well with others. To presume the authority to appoint someone else's chief of staff is beyond bad table manners; it is low class and even passive aggressive. The move is essentially a coup by pen, even if it is tacitly backed up by the threat of guns. Apparently it is difficult for some to let go of power even as promised, especially when that power is absolute. I don't foresee the generals playing well with Morsi, as his democratic legitimacy means that their continued grasp on power was something considerably less than absolute, at least in terms of legitimacy.

The lesson for us as a species is perhaps the following: a people should be very careful in deciding who is to hold “the precious ring” even just temporarily, as a caretaker, for, as Lord Acton wrote, the allure of the ring is strangely much more nepharious than meets the eye. Furthermore, this case demonstrates just how important it is for a government to have a constitution. The competing claims of Morsi, the court, and the generals’ council could find no common basis without one. Put another way, how could the constitutional court have a basis of legitimacy in interpreting a constitution without one? Without a constitution, Morsi was free to negate the court’s usurpation. Even were a constitution extant, it would be beyond the reach of the judiciary to declare another branch null and void. Most crucially, a constitution maintains and protects the viability itself of the basic institutions of government—this is the basic constitutional function that is up for grabs in the absence of a constitution. 

Sources:

David Kirkpatrick, “After Victory, Egypt Islamists Seek to ChallengeMilitary,” The New York Times, June 18, 2012.

David Kirkpatrick, "Morsi Is Winner of Egyptian Presidency," The New York Times, June 24, 2012.

Hamza Hendawi, "Morsi Orders Dissolved Parliament Return, Defies Military Leaders," The Huffington Post, July 8, 2012.

Kareen Fahim and Mayy El Sheikh, “Egypt’s President Orders Return ofParliament,” The New York Times, July 8, 2012. 

Greek Austerity Win at E.U.’s Loss?

According to one director of a public-debt consulting firm in the E.U., “In the realm of investor perceptions, Spain has crossed the Rubicon from solvency to insolvency.” A day after Europeans in the state of Greece had given a narrow victory to parties in favor of maintaining the austerity program there, investors’ concern regarding the viability of the euro pushed the yield on Spanish 10-year bonds as high as 7.2 percent—a level that Spain’s economy minister, Luis de Guindos, claimed is unsustainable in the long term.

The full essay is in Essays on the E.U. Political Economy, available at Amazon.

France’s Hollande: Standing Above His Party’s Legislative Victory

In the 2012 election of the E.U. state of France's legislative Assembly following the election of Francois Hollande to replace the deeply unpopular Sarkozy, “the Socialist Party won 280 seats and two allied parties won another 34, giving the parliamentary bloc 314 seats — considerably more than the 289 needed for a majority in the National Assembly. The Greens, who are part of the government, have another 17 seats, while the far left won 10. Former President Nicolas Sarkozy’s center-right Union for a Popular Movement won 194 seats and its allies another 35 seats, bring the total to 229 seats, a sharp drop from 304.” The typical analysis ensuing from this result concerned the added strength that Hollande would have in pushing the E.U. toward balancing austerity with stimulus spending. The Prime Minister, Jean-Marc Ayrault, said the government would work to fix public finances and reduce unemployment. “The goal is to shift Europe toward growth and protect the euro zone from speculation,” he said. “The task before us is immense.” At least the Socialist Party would not have to deal with other parties on the left that are less pro-E.U., as the Socialists had established an absolute majority in the state’s Assembly.  However, the Socialists did not have the three-fifths majority needed to make changes to the state constitution, such as shifting more governmental sovereignty to the E.U. (federal) level. At the time, the E.U. was at a precarious place in not having enough sovereignty to safeguard the euro.

Interestingly, during the evening of June 17^th as the election results came in, Hollande stayed out of the media spotlight. It was the prime minister, Jean-Marc Ayraunt who spoke for the Socialist Party. He spoke along with the leaders of the other parties and several candidates (both winners and losers). Hollande’s absence was notable because it suggests that it might not be wise for a figurehead to be perceived as being too partisan; unlike party leaders in a legislative body, a governor or president represents the republic as a whole, and thus the public (rather than partisan) good. Hollande was smart to spend the evening preparing for (or travelling to) the G-20 meeting en Mexique le lendemain. Standing apart from the temptation to publically celebrate the victory of his party, he put himself in the future position of being able to credibly claim that agreeing to shift more sovereignty to the federal level is en l’intéressé de la France. In other words, resisting the temptation to engage in partisan displays can translate into political capital that a figurehead can use to facilitate a shift in the constitutional design of governance. Moves on this scale are fitting for a figurehead who is oriented to the big-picture rather than to trying to win on every issue.

Source: 

Steven Erlanger, “Socialists’ Victory in France Buttresses Hollande’s Power,” The New York Times, June 17, 2012. 

JP Morgan Chase on the NY Fed's Board

The New York Fed allows private bankers to sit on its board, even while it crafts bank policy and puts together financial industry bailouts. "There's a conflict of interest here. You serve two masters. You can't draw this extraordinary salary from JPMorgan Chase and, at the same time, say, 'Oh, I'm out here acting in the public interest.' You can't do both." So said Elizabeth Warren, who came up with the idea that became the Consumer Financial Protection Bureau as part of the Dodd-Frank Financial Reform Act of 2010. Referring to Jamie Dimon, the CEO of JP Morgan who presided over a $2 billion trading loss, she added, "He says he wants to take responsibility. Then show some responsibility. Show you get it. Putting Wall Street bankers on the Federal Reserve Board is like finding the guys who torched the entire town and putting them on the fire advisory board. It makes no sense." 

The full essay is at "JPMorgan: An Unethical Monstrosity?"

Same-Sex Marriage in the States of Washington and Britain

Reporting on the objections of the Church of England and the Roman Catholic Church to David Cameron’s “contentious plan to legalize same-sex marriage” in the E.U. state of Britain, the New York Times unwittingly followed the European tendency to compare a state in the E.U. with the entire U.S. rather than to a state therein. “In some ways,” the Times contended, the debate in the E.U. state “mirrors arguments in the United States swirling around President Obama’s support for same-sex marriage.” Actually, Obama’s support was not at the time very relevant even in the U.S., as the “action” was occurring in particular states (as in the case of the E.U.).

 

On the of the Times’ report, the Huffington Post reported that the U.S. state of Washington would have a referendum on gay marriage on the ballot in November, 2012. In total, 247,331 Washingtonians signed the petition, passing the minimum of 120,577 needed. Gov. Chris Gregoire, David Cameron’s counterpart, had signed a bill into law the previous February legalizing same-sex marriage. Essentially, the referendum moved the matter from representative to direct democracy. Were a “one-size-fits-all” decision to be reached for the entire U.S., justices rather than an electorate would be the decision-makers. While possibly giving the rights of a minority a “leg up” on majority rule, moving the issue from the people of Washington to apply one decision on the U.S. as a whole was not a given at the time.

Therefore, to relate the thrashing out going on at the time in Britain (and France) to Obama’s campaign stance on the issue rather than to what was going on in the American republics evinces something more than just a category mistake (i.e., treating a state in the E.U. as equivalent to the entire U.S. rather than to a state therein). The dynamic at the level of the E.U. and U.S. is different than that which occurs in a state. Democracy being relatively fort (strong) at the state-level, the juridical protection of the rights of the individual may paradoxically be stronger at the empire-level. Iowa is a notable counter-example, however, on account of the action of the Iowa Supreme Court legalizing same-sex marriage. Perhaps it could be said that majority rule is stronger at the state level and thus more in balance with judicial decision. If so, the E.U. principle of subsidiarity and the U.S. principle of residual sovereignty (marriage being in the realm of the states’ sovereignty though equal protection being a relevant U.S.-level juridical principle) should not be relegated in a race to a central state at the empire-level. At the same time, the U.S. and E.U. need enough power to maintain themselves. Treating a state in the E.U. as if it were equivalent to the entire U.S. (i.e., essentially another E.U. within the E.U.) distorts or ignores these dynamics of federalism.

Sources:

Alan Cowell, “ChurchesChallenge British Government Over Same-Sex Marriage,” The New York Times, June 12, 2012. 

Chris Gentiviso, “Referendum 74, Washington State Anti-GayMarriage Measure, Qualifies for Ballot,” The Huffington Post, June 12, 2012. 

Property Taxes: Property at Risk

Thirty years after Californians shrank their property taxes by passing Proposition 13, the same question faced the people of North Dakota as they voted on whether to eliminate their property taxes entirely. In an interesting twist, the debate on the tax incorporated a human-rights dimension that is rarely brought into debates in the American republics.

In addition to pointing to the budget surplus enjoyed by the Government of North Dakota at the time as well as to the unpredictableness of the tax and its inconsistencies, the proponents of a constitutional amendment to prohibit a property tax argued that it is contrary to the concept of property ownership. Beyond property rights, however, the advocates pointed to a human right to shelter irrespective of wealth or income. “I would like to be able to know that my home, no matter what happens to my income or my life, is not going to be taken away from me because I can’t pay a tax,” said Susan Beehler, a member of the group that was pushing for the amendment. The American republics are as it were joined at the hip, so it is no surprise that, Jim Cox, a representative in the Pennsylvania legislature’s lower chamber chimed in by declaring, “No tax should have the power to leave you homeless.” The implication is that having a home is a human right that even a government ought not be able to take away.

There is reason for concern as long as one’s house is subject to one’s wealth. For one thing, a large part of one’s net worth is in the equity-value of one’s house—such value being subject to the wax and wane of the market. According to the Federal Reserve, the medium amount of home equity dropped to $75,000 from $110,000 in 2007 (adjusted for inflation). More generally, the economic crisis of 2008 left the medium American family in 2010 with no more wealth than in the early 1990s. Medium family income fell to $45,800 in 2010 from $49,600 in 2007 (adjusted for inflation). With less of a cushion, should a homeowner lose his or her job, less home equity would translate into more difficulty in getting a loan (or being cut off from even being able to borrow to survive a brief period of unemployment). 

Therefore, housing viewed as not just a property-right, but moreover as a human right (i.e., not to be homeless), is incompatible with the precariousness that goes with treating one’s house as not only a commodity subject to market forces, but also a significant part of one’s wealth. A vicious circle can be engaged that leaves one as though drowning in a whirlpool without a life-preserver.  If nothing should have the power to leave one homeless, our concept of housing must go even beyond our concept of private property to be based in a doctrine of human rights—a concept rather foreign in North America. Paradoxically, a constitutional amendment that would remove one’s house from the government’s (as well as any private company’s or bank’s) grasp would proffer citizens more security (and thus happiness) than even a full-fledged notion of private property (rights), for the right of property—unlike a constitutional amendment—depends on government and is thus subject to eminent domain. To be sure, a competitive market is well-suited to distributing non-necessity commodities, but human rights trumps even economic efficiency (or its ideology). I find it odd that this notion is so foreign in the American states, while it is almost taken for granted in the European states.

Sources:

Monica Davey, “North Dakota Considers Eliminating Property Tax,” The New York Times, June 11, 2012. 

Binyamin Appelbaum, “Family Net Worth Drops to Level of Early ‘90s, Fed Says,” The New York Times, June 11, 2012. 

Warming Oceans: Humanity’s Death-Wish

Released in 2012, a study published in Nature Climate Change found an "anthropogenic fingerprint" (human influence) on the warming oceans. The study, "Human-Induced Global Ocean Warming On Multidecadal Timescales," is based on observations of rising upper-ocean temperatures. The researchers used improved estimates of ocean temperatures to examine the causes of our warming ocean. The warming is explained only when greenhouse gas increases are included in the models.

                Scientific evidence now points to human air-pollution as a major cause of warming oceans.  HP

Lead author and climate scientist Peter Gleckler said in the press release, "The bottom line is that this study substantially strengthens the conclusion that most of the observed global ocean warming over the past 50 years is attributable to human activities. Although we performed a series of tests to account for the impact of various uncertainties, we found no evidence that simultaneous warming of the upper layers of all seven seas can be explained by natural climate variability alone. Humans have played a dominant role." According to oceanography expert Nathan Bindoff, "This paper's important because, for the first time, we can actually say that we're virtually certain that the oceans have warmed, and that warming is caused not by natural processes, but by rising greenhouse gases primarily." He added, "We did it. No matter how you look at it, we did it. That's it."

Lest it be supposed that shorter winters and warmer water for swimming represent a net-gain for the human species, arctic monitoring stations were measuring over 400 parts per million of carbon dioxide in the atmosphere, which is higher than the 350 ppm that many scientists consider the upper limit of “safe.” It turns out that the loss of coastal real-estate is the least of our worries; humanity, acting like an unstoppable virus, may be making the air unfit for human consumption. In other words, our economizing (and our related zest to consume and reproduce) may spell the eventual end of the species, rather than a technological utopia of effortless living.

Assuming a general knowledge of the findings discussed here exists in human society, the campaign by polluting industries and their sycophants in government for deregulation can be interpreted as a species’ death-wish. The question is perhaps whether the species will continue to allow itself to governed by that instinct, which at the species level is oriented to what can be termed specicide. 

Even if we have the technology to get the oxygen and CO2 back to levels that can sustain the species, the greed-fueled instinct, if allowed to stay in charge at the level of the species as a whole, could continue to undermine the species itself, even bringing it to extinction through the suicide of the species. This is not to say that such an end is consciously intended by the forces dominated by that instinct, but such an end can nonetheless occur down the line, and sooner rather than later if the scientists are correct. Of course, the same popular arrogance that is so dismissive of them is also within the specicidal instinct of the species. 

Perhaps it is self-hate (i.e., humanity's hatred of human nature) even more than greed that is motivating the sordid instinct to dominate all others in directing the species. If so, the resulting specicide can be interpreted as the species' own verdict on itself. More particularly, it could be the species' verdict on the instinct. To the extent that it hates itself, self-hatred is driving the human race. As self-hatred enervates or weakens a thing (or person's instinct), it a curious thing that a self-ashamed, and thus weakened instinct can nonetheless direct the species. In other words, how is it that that of the species not fueled by the instinct is somehow beguiled into viewing the instinct of denial and greed as somehow strong and thus as incapable of being taken down from its dominance? 

Nietzsche's question was essentially, how is it that the strong are so beguiled by the weak who are driven by an instinct to dominate that the strong defer to the weak in self-shame for being strong? It is the weak who should be ashamed of themselves for demanding power beyond what naturally corresponds with their innate strength. In terms of polluting industries (and their sycophants in government), how is it that the species even lets them in the room (not to mention to dominate the result) when regulation is being discussed and determined? If on some level the short-sighted and greedy vested-interest is ashamed of itself, it must be weak rather than how it appears to others of other instincts. It is the appearance here that is particularly problematic, as it is paralyzing (as well as specicidal). If indeed the non-specicidal instincts are stronger, this would have to be recognized before the species can regain control of itself from the hypertrophy of an over-aggrandizing faction that unconsciously hates itself and the species.

Sources:

The Huffington Post, “Human-InducedOcean Warming Study Addresses the ‘Dominant Role’ of People,” June 11, 2012. 

P. J. Gleckler et al, “Human-Induced GlobalOcean Warming on Multidecadal Timescales,” Nature Climate Change, June 10, 2012. 

Murdoch in Europe: Newsprint Wielded as a Personal Political Weapon

Testifying in Europe on June 11, 2012 about the influence of Rupert Murdoch’s newspapers—and thus Murdoch himself—over the state government of Britain, Gordon Brown accused The Sun of having undermined the state’s contribution to the war in Afghanistan. The newspaper caused “huge damage to the war effort,” he said, by suggesting that Brown’s administration “didn’t care about our troops.” The coverage was oriented, Brown contended, to his supposed lack of care about the troops rather than to what the troops were doing in Afghanistan.

The full essay is in Cases of Unethical Business, which is available at Amazon.

CNN’s Hosts: Hidden Agendas

Hitting record-low ratings among total viewers and in the 25-54 age demographic, CNN had its overall lowest-rated month in April 2012 since August 2001. In May 2012, the network hit a 20-year low for total viewers during primetime viewing.[1] Something had gone seriously wrong. Perhaps the easiest move when a company takes a nose-dive is to fire the top. Accordingly, Time Warner executives were thinking of replacing the president of CNN Worldwide.[2] While taking off the top might make sense in government because the entire administration is apt to change, business firms tend to be more entrenched even when under new management.

The full essay is at "CNN's Hosts."

1. Rebecca Shapiro, “CNN Considering Leadership Change in Wake of Ratings Woes: Report,” The Huffington Post, June 8, 2012.

2. Ibid.

Pressuring E.U. States: The Debt Crisis as Leverage

By mid 2012, the verdict was in on the German-led recipe for restoring states overwhelmed by public- or private-sector debt: Austerity is counter-productive in reducing government deficits. On June 6, 2012, the media reported: “Prolonged austerity is making it harder, not easier, for governments like Greece to become self-reliant again.”[1] Salaries and pensions in the private and the public sectors in the state had been cut by up to 50 percent, leaving Greece 495 million euros short of its revenue targets in the four months ending the previous April, according to the Greek Finance Ministry.[2] With less cash, consumers had to reduce spending, leading thousands of taxpaying businesses to fail. Income expected from a higher, 23 percent value-added tax required by the bailout agreement fell short by around 800 million euros in the first four months of 2012. That is partly because cash-short businesses that were once law-abiding started hiding money to stay afloat, tax officials said.

The complete essay is at Essays on Two Federal Empires.

1, Liz Alderman, “Greece Warns of Going Broke as Tax Proceeds Dry Up,” The New York Times, June 6, 2012.

2. Ibid.

The Wisconsin Recall Election: A Predictor of the U.S. Presidential Election?

According to Paul Abowd of the Center for Public Integrity in 2012, the election to fill the governor’s office in the wake of Scott Walker’s recall “has become a referendum on the future of public sector unions.”[1] That the union of teaching-assistant students at the University of Wisconsin in Madison refused to endorse Barrett precisely because he was not making collective bargaining rights a salient part of his campaign would suggest that Abowd had it wrong. Moreover, it is a mistake to read the election results in Wisconsin as a harbinger of things to come in the U.S. presidential election five months later in November 2012.

The full essay is at "The Wisconsin Recall Election."

1. Amanda Terkel, “Wisconsin Recall: Election Law Quirk Could Throw Governance Into Disarray,” The Huffington Post, June 3, 2012. See Paul Abowd, “CPI: Wisconsin Recall Battle Is State’s Most Expensive Election,”MSNBC.com, June 3, 2012. 

Mubarak Convicted in Egypt: A Precedent for Human Rights?

On June 2, 2012, an Egyptian court sentenced former President Hosni Mubarak to life in prison for being an accomplice in the killing of unarmed demonstrators during the protests in the “Arab Spring.” The significance of this verdict in terms of human rights from an international standpoint lies in the fact that the accountability on a ruler was accomplished by his own citizens—meaning the country’s own court. Lest the International Criminal Court be reckoned as coming up short in terms of being able to arrest and convict sitting or former rulers of states, the verdict from Egypt says, in effect, there is an alternative. Governments can fortify the independence of their respective judiciaries such that public officials can be held accountable domestically. Under this scenario, the ICC would be of value to the world particularly if it could be fortified to step in where states do not have court systems strong enough to arrest and try a current or former ruler. In other words, we ought not forget the alternative of national courts when we bemoan the weaknesses of the ICC.

The full essay is at "Mubarak Convicted in Egypt."