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Where is American higher education today? June 16, 2010

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In the September/October issue of Change Magazine, I published an article entitled “The Role of Higher Education in the 21st Century: Collaborator or Counterweight?” I have reprinted it below. In succeeding posts, I intend to examine how my predictions and my hopes for higher education, as expressed in that article, have faired in the decade since it was published.

DOC061610

Vintage Archie McAdoo, Attorney at Large June 14, 2010

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For those of you following the unfolding novel, Ned McAdoo and the Molly Maguires, herewith some vintage cartoons about his old man, Archie.

Ned McAdoo and the Molly Maguires, Chapter Three June 5, 2010

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CHAPTER THREE (1987)
On the evening of the day that he met Maggie Mulhearn, Archie told us during dinner of the unusual engagement.
“Who are the Molly Maguires?” Katy asked the question that was also in my mind. Given that Pop later confessed to me how he had indulged that afternoon in a celebratory pig out and snooze, in retrospect I’m surprised at how much he knew about John Kehoe and the so-called Molly Maguires when he responded to our collective curiosity.
“There are two kinds of coal in Pennsylvania,” he began, swallowing a bit noisily the piece of pork chop he had been chewing. “There’s soft coal. Bituminous. That’s the most common and it’s mined out around Pittsburgh. The second kind is anthracite, or… Ned?” He looked my way. The mashed potatoes on their way to my mouth stopped in mid air. The gravy dribbled from them back down onto my plate. This had always been one of Pop’s favorite pedagogic ploys, as far back as I can recall.
“Uh… hard coal?” I ventured, hoping that logic ruled in the realm of coal mining.
“Very good, Ned,” said my Father, showing no apparent pride that I had managed to guess the obvious. “Hard coal. Yes. Not so common, and today not very significant. But in the second half of the 19th century big money was being made in hard coal. By railroads such as the Reading, and by the people who owned and ran them. Naturally,” he continued, “like almost everyone else on the planet at that time, the hard coal miners were exploited.”
“What does that mean… exploited?” Katy questioned him.
“It means used… taken advantage of,” Mom chimed in, this brief interruption in his disquisition affording the Old Man opportunity enough to shovel in a big fork-full of mashed spuds and wash them down with a big gulp of the white wine he was having with his dinner.
“Right,” resumed Archie, delicately wiping some gravy from his fleshy, pink lower lip. “The miners in eastern Pennsylvania, where the hard coal was mined — they were mostly Irish, by the way — were required to work very long hours for very little pay. The work was exceptionally dangerous, even for a time when thousands of railroad and industrial workers were killed and injured every year.”
“So who are the Molly Maguires?” Katy impatiently persisted, as she always did when Dad got into his professorial posture.
“The Molly Maguires,” he went on, betraying only a very tiny bit of annoyance at this second, and apparently unwanted, interruption (his plate was clean, his wine glass empty now), “were Irish miners who rebelled against mine and railroad companies and took matters into their own hands.
“It was a secret society, the Molly Maguires, and its members shot mine owners and operators, blew up railroads and mines, and generally tried to make life as miserable for the capitalists as they made it for the miners and their families. But it was a no win situation.”
“What do you mean?” asked Katy.
“I know,” I said, stealing Archie’s thunder. “They were all caught and hanged.”
“How do you know that?” Archie inquired, a little disappointed that I had gotten to reveal the climax to his story.
“Because,” I said with some satisfaction, “I just remembered that I saw the movie on the late show one night.”
“Oh, yeah,” the Old Man reflected, caressing the right side of his bulbous nose with a pensive forefinger. “I remember the film. Do you recall it, Karen?”
Mom had gotten up and begun clearing the dinner dishes as a prelude to dessert. “Not really,” she replied. “I know we saw it years ago. But I can’t say it left too much of an impression.”
Mom was a Philly girl. The rest of Pennsylvania was an unknown wilderness to her, except for a couple of favorite Pocono resorts, which were the “known wilderness” in her mind. The history of the hard coal region was of no moment to her.
“Sean Connery and Richard Harris, wasn’t it, Ned?” Pop turned back to me, Mom in his view having nothing useful to contribute.
“Sean Connery for sure,” I responded. Connery was still a big star in the 1980s and on into the nineties. “I’m not sure who any of the other guys in it were.”
“Well, we ought to rent it,” Archie reasoned. In the next instant he was pushing himself ponderously back from the table.
“Don’t you want dessert?” Mom sounded a bit startled, and where Archie and dessert were concerned, rightly so.
“I’m going over to Movies Unlimited to see if I can get that flick,” he declared. “I’ll have my dessert with the movie.”
And so, a half hour later our family of four was gathered round the electronic hearth in the basement family room, watching a film released in 1970 by Paramount Pictures. The movie is called “The Molly Maguires,” staring, yes, Sean Connery, Richard Harris, and a soap opera rage of that era named Samantha Eggar. Directed by Martin Ritt, a film maker with a reputation for making “message films,” the movie captures the legend well enough:
The action opens with Richard Harris, playing the Pinkerton detective James McParlan, arriving at Shenandoah in central-eastern Pennsylvania, where he’s been dispatched by Alan Pinkerton, who’s been put on the payroll of the Reading Railroad to infiltrate and expose the Mollies. Under the alias of Jamie McKenna, McParlan takes a job down in the mines, meanwhile spreading around the local pub crowd the largess he attributes to “passing the queer” (fencing counterfeit money). The upshot is that Connery a/k/a Black Jack Kehoe, a fellow miner, initiates McParlan into his little band of desperadoes, a tight-knit band of terrorists within the ranks of the benevolent Irish social club, the Ancient Order of Hibernians.
Katy wasn’t much interested in this hoary yarn of labor exploitation and unrest. After gobbling a slab of Mom’s chocolate cake with a scoop of vanilla ice cream, she went to her room upstairs in search of more rewarding pursuits. The movie offered enough action to keep me interested, as the little band of Irish terrorists tore up the Reading’s tracks with their black powder charges and ambushed offensive mine bosses in their victims’ stables and outhouses. Mom stayed on to the end, too, though she insisted that one light stay lit — Archie likes the room dark as a theater when he watches a video — and she read some company documents she’d brought home in her briefcase, only occasionally casting a fleeting glance at the action on the screen.
But the Old Man was entranced. As the legendary tale lumbered inexorably to its tragic conclusion — McParlan’s betrayal of his comrades and his secret oath, their trial and execution, his rejection by Samantha Eggar (whose loyalty lay with her mine patch community), McParlan’s departure from the coal fields with his pockets filled with money but his heart just as heavy with unrequited love — Pop pumped down three big slabs of Mom’s extra-moist devil’s food cake (but no ice cream), sluiced down with about half a dozen cups of coffee. In fairness to my Dad, I note here that his concession to a healthier lifestyle that evening, as almost always, was decaf coffee sweetened artificially. This concession, pushed and policed by my mother, assuaged any twinge of guilt he might otherwise have felt about the three desserts.
Then, with Sean Connery and his comrades duly hanged by the neck until dead, and the chocolate cake (or what was left of it) duly sealed in saran wrap, Mom and I headed upstairs to our respective bedrooms and, gratefully, to our beds.
But not Pop. He adjourned to the sunroom at the back of the house, where he gobbled up the book he had begun before dozing off in his office that afternoon. One thing I always had to admit about the Old Man: if he could gorge himself on cake, he likewise could gorge himself on knowledge. He told me once that, when he started into law school, an attorney-friend of his father had given him a foam rubber cushion as a gift. “You’ll need this more than you’ll need your brains,” he had told Archie, who added that he used that cushion hard during his three years of legal education. And when I started into law school five years ago, Archie wrapped that beat-up cushion, with its foam rubber showing through the torn material at the corners, and gave it to me.
I did all right in law school but I never developed Pop’s power of uninterrupted concentration. Though I was upstairs asleep, still only a high school student, in my mind’s eye I can see him pawing over the battered paperback book, that in the months ahead became his constant companion, sometimes in his briefcase, often in his suit coat pocket. I can see the dim lamplight illuminating the side of his jowly face, and his ever-sweaty hands clutching the book.
Archie had read nearly the whole book by the time morning rolled around and Mom gave him a gentle kiss on the forehead — something I did see first hand — before tiptoeing out to the garage and heading for her job at REF Group.

Relativity June 5, 2010

Posted by kchrenterprises in academia, attorneys, Bill of Rights, Books, courts, criminal law, Cyberspace, Education, Fiction, film, Higher Education, Labor Law, Law, libel, Miranda rights, movies, murder, news, Novel, Publishing, slander, spies, Students, Supreme Court, Terrorism, trials, Uncategorized, William Gibson.
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“A nation consists of its laws. A nation does not consist of its situation at a given time. If an individual’s morals are situational, that individual is without morals. If a nation’s laws are situational, that nation has no laws, and soon isn’t a nation.” William Gibson, Spook Country (2007) at 136-37.
http://www.youtube.com/watch?v=WMqReTJkjjg

Intelligence is Advertising turned inside out June 3, 2010

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So says William Gibson in Spook Country.
What we see on the outside is the ad. Turn it inside out and you’ll find the intelligence… the confidential research… inside it.

New McAdoo and the Molly Maguires, Chapter Two May 30, 2010

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CHAPTER TWO (1987)
“Is Violence Ever Justified?”
by Maggie Mulhearn
The Black activist H Rap Brown has called violence “as American as cherry pie.” Nowhere has this claim enjoyed greater cachet then in labor-management relations. The Pullman Strike, the Haymarket Riot, the Homestead Strike, the bombing of the Los Angeles Times Building… these murderous confrontations characterized the war between labor and capital around the close of the 19th and the start of the 20th centuries.
Predating — and prefiguring — these well-known incidents in America’s labor history are the enigmatic events that occurred in the hard coal region of central-eastern Pennsylvania from 1865 through 1876. Sometimes archaically called “the Molly Maguire Riots” (there were no riots as we understand that word today), this protracted conflict accounted for 16 murders, followed by 20 hangings… or what one might call state-sanctioned homicides.
Since the days when 20 so-called Molly Maguires were marched to the gallows in Pottsville, Hazleton and Mauch Chunk, Pennsylvania between 1876 and 1878, historians and writers have quarreled vehemently over whether these men were organized terrorists or innocent victims ala Sacco and Vanzetti. Detractors point to a long tradition in the west of Ireland of Whiteboys, Ribbonmen and other vigilante groups, which is said to have spawned the killings, beatings and arsons in the anthracite coal fields after these self-same nightriders, or their progeny, immigrated to the U.S. Conversely, left-leaning commentators have contended that the hanged Irishmen were labor leaders and politicians targeted by the mining interests for liquidation.
Let us assume for the sake of argument that the Molly Maguires really were what the Pinkerton detectives and the county prosecutors claimed they were: a secret society, founded in County Donegal to terrorize landlords and their agents, and transplanted to the Pennsylvania coal fields, where they launched a reign of terror — murders, assaults, and arsons — in the 1860s and 1870s. If all of that were true, would it not also have been justified?
No American ever raises doubts about the justice of the Boston Tea Party. If those Boston patriots were morally entitled to dump the private property of English merchants into the ocean, then the equally-aggrieved Irish coal miners of a century later surely were entitled to rip up railroad tracks and burn down an occasional colliery.
Though the 19th century Catholic Church condemned the Molly Maguires, no Christian ever doubted Jesus Christ’s justification in throwing the money lenders out of the Temple in Jerusalem. Arguably the early Christian church was a band of conspirators striving to displace the state religion and the official gods of the Roman Empire, as well as the Jewish faith from which their cabalistic schism had sprung. So was the Church not hypocritical in condemning the Mollies?
And is not even homicide sometimes justifiable? The law has always recognized my right to defend my home against intruders, even to the point of using deadly force. And if a man may fire his gun to protect his family from another who is intent on entering his home and wreaking deadly harm, he ought to be able to fire that same gun at the man who is intent on slowly murdering his family by means of starvation wages.
No less a legal mind than the great Clarence Darrow made similar arguments in defense of violent union behavior a little later in the last century.

Two terrific writers, three terrific heroines May 26, 2010

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My two favorite writers at the moment are Stieg Larsson and William Gibson. For this old man’s money, both old boys write great female protagonists.

Larsson’s Girl (with the Dragon Tattoo; Who Played with Fire) is one of the brightest, ballsiest, and, yes, freakiest femmes in all lit. She is unforgettable, especially if, like me, you also saw her come to life in the Swedish cinematic rendering of Tattoo.

As for Gibson — he of Neuromancer (a classic of sci fi if ever there was) and Johnny Nemonic — he gives us two great women leads: Cayce Pollard of Pattern Recognition (2003) and Hollis Henry of Spook Country (2007).

For fans like me, an exciting summer lies ahead. Number three of Larsson’s trilogy is due out in July, the wrap up of Gibson’s latest trilogy — giving him then a trilogy of trilogies, written across three decades, of course — following in late summer or early fall.

I don’t usually do endorsements, but I am happy to help these guys (ah, well, Stieg is dead) sell their books.

Beauty for Beauty’s Own Sake May 4, 2010

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During the semester just ended, I team-taught an honors course called Great Ideas.  Among many things, we read a piece on natural selection by Darwin.  In it, Darwin dealt separately with sexual selection.  Here’s what I got out of it:

In general, natural selection favors survival traits… sharper teeth, faster feet, stronger jaws, a tougher hide, ability to blend and therefore hide from predators… whatever.

Sexual selection, however, is different.  Consider the peacock.  The male’s gigantic tail can’t possibly be useful to its survival.  To the contrary, if pursued by a predator, its tail must slow it down and make it more vulnerable… less likely to survive the attack.  And how the heck does he hide… blend in… with that thing on hus rump?

And yet the female apparently chooses the male with the most magnificent tail.  She is selecting him for his beauty.  His male offspring will have the same trait, maybe even more pronounced.

Not merely beauty for beauty’s sake, but beauty at the expense of survival traits such as mobility, camouflage, etc.  Art for art’s sake.  Beauty as an end in and of itself.  Hmmm…

Sometimes I’m ashamed to be a lawyer May 1, 2010

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This is one of those times.  I read in the Chronicle of Higher Education (April 30, 2010, page A10) that a lawyer named Karin Calvo-Goller has sued an academic-journal editor for libel based on a book review he published on an internet site he also edits.  The editor, according to the Chronicle, is being hauled into a criminal court in France for posting a four-paragraph review, written by a professor at the University of Cologne.  To learn more about this case, here’s a good blog that pretty much says it all:

Criminal Libel for Publishing a Critical Book Review? Seriously?

Read this story, then tell me if you share my opinion that this represents the sort of abuse of the privilege of being a lawyer that is absolutely shameful.