Le site Bellaciao: coloré, multiple, ou le meilleur cotoie fort heureusement le pire, mélangé, bizarre, picabien et dadaîste, explorant toutes sortes de registres et de régimes rhétoriques, drole et polémiqueur, surréaliste: rencontre d'un parapluie et d'une machine à coudre sur une table de dissection, têtes de Lénine sur le clavier d'un piano Steinway ou Bosendorfer...
FR
ES
Senal en Vivo
VIDEO
RADIO
FRIENDS SITES
with Bellaciao
Bellaciao hosted by
To rebel is right, to disobey is a duty, to act is necessary !
Bellaciao  mobile version   |   Home  |   About us   |   Donation  |   Links  |   Contact  |   Search
HIGHER EDUCATION IN AMERICA: DREAM OR NIGHTMARE? PART I

by: David R. Hoffman, Legal Editor of Pravda.Ru
Friday September 28, 2012 - 01:02

PART II

PART III

PART IV

When The Bill of Rights was added to the United States Constitution over two hundred years ago, Americans were blessed with many rights considered to be “fundamental.” One conspicuously missing, however, was the right to an education.

This was not surprising given the tenor of the times. America was primarily an agrarian culture, and education, especially higher education, was viewed as a privilege reserved for the children of the rich and powerful.

But as the nation grew and became more industrialized, many state governments began to recognize the benefits of educating all Americans, regardless of their economic status, and the right to an education became an integral part of many state constitutions.

Unfortunately, public schools systems in many states are funded through property taxes, which means schools in higher income neighborhoods and districts are often better equipped and staffed than schools in lower income neighborhoods or districts. Although education is often touted as the means to break the cycle of poverty, these taxation practices do little to promote that mission.

To provide greater access to a quality education, the federal government and many private lenders now offer loans to individuals who desire to attend a college or university but lack the financial means to do so. But for many, like myself, this method of pursuing a higher education can eventually become a nightmare.

I have experienced higher education both as a student and an instructor, and even though I realize that writing this series of articles could detrimentally impact my career and/or future employment prospects, I believe the issues surrounding higher education in America today are too urgent and relevant to ignore any longer.

During the past year, higher education has been in the spotlight due to the Penn State sex abuse scandal. Since this scandal has been thoroughly reported upon, I will just briefly summarize the facts: In 2011, a former Penn State assistant football coach, Jerry Sandusky, was indicted (and later convicted) of sexually molesting young boys he had met through a charity he had founded. These molestations had apparently gone on for several years, and allegations surfaced that some prominent Penn State officials, including head football coach Joe Paterno, were aware of Sandusky’s criminal activities, yet failed to report them to authorities.

Penn State’s Board of Trustees subsequently commissioned former FBI director Louis Freeh to conduct an independent investigation of the circumstances that led to the scandal. Freeh subsequently issued a report contending that the sports culture at Penn State had concentrated power into the hands of four men, and this, coupled with the desire “to avoid the consequences of bad publicity,” facilitated the cover-up of Sandusky’s crimes.

While I’m sure others besides myself appreciate the irony of a former FBI director condemning the cover-up of criminal activity, especially since the FBI has a sordid history of covering up its own abuses and criminality, I nevertheless agree with Freeh that within the “ivy towers” and behind the ivy covered walls of many colleges and universities lurks mendacities, hypocrisies, corruptions and cover-ups that would “shock the conscience.”

But even though the Penn State scandal provides the lurid sensationalism that America’s corporate-controlled media thrives upon, a lesser-known case, that of Ward Churchill, could have a negative impact on every institution of higher learning in the country.

Since I’ve written extensively about Churchill’s case in several previous Pravda.Ru articles—including A Tale of Two Academics, Parts I & II (June 17-18, 2009), Ward Churchill and Death of Academic Freedom, Parts I & II (July 9-10, 2009), and Ward Churchill: The Lie Lives On (November 29, 2010)—I will just briefly summarize it here: Shortly after the September 11, 2001 attacks on the Pentagon and World Trade Center, Churchill, a tenured professor at the University of Colorado (hereinafter UC), wrote a controversial essay in which he compared some of the Trade Center victims to Nazi leader Adolf Eichmann. Although the essay initially attracted little attention, its contents became national news in 2005, after Churchill was invited to speak at a college in New York State.

Almost immediately both politicians and right-wing journalists demanded that Churchill be fired from UC. Although university officials responded that Churchill’s essay was protected under the “freedom of speech” clause of the First Amendment, they nonetheless opened an “investigation” into his writings and research practices. Based upon the findings of this “investigation,” Churchill was fired for “academic misconduct.”

Churchill sued UC for wrongful termination, and a jury ultimately agreed that the “misconduct” allegations had simply been used as a pretext to fire him for the contents of his essay. But the ethically corrupt presiding judge, Larry Naves, a graduate of UC law school and 2011 recipient of its “Distinguished Achievement Award,” nullified the jury’s verdict and ruled in favor of the university, claiming it had “quasi-judicial” immunity against Churchill’s lawsuit. A Colorado Appeals Court and the Colorado Supreme Court ultimately upheld Naves’ ruling.

The academic tenure that Churchill was supposed to have enjoyed was designed to promote academic freedom by protecting professors against termination and other forms of economic retaliation, especially when they placed controversial opinions, theories or studies into the “marketplace of ideas.” Now it is no exaggeration to say that when this corrupt cabal of Colorado judges destroyed academic tenure in Churchill’s case, they potentially destroyed academic tenure, and the freedom it engendered, throughout the United States.

Although Churchill’s attorney has stated that he intends to appeal the case to the United States Supreme Court, he acknowledges that the chances of it being heard are remote.

Churchill’s case also decimates the right-wing myth about “liberal universities,” particularly when it’s compared to the University of California at Berkeley (hereinafter Berkeley) and the legal system’s sycophantic embrace of tenured law professor John Yoo.

Yoo, an official in the United States Department of Justice’s (hereinafter DOJ) Office of Legal Counsel during the Bush era, is the author of the now infamous “torture” memos—works more un-American, vile, and deserving of contempt than anything Churchill has written. As I stated in Ward Churchill and Death of Academic Freedom, “Yoo’s memoranda possessed the power to influence public policy. Churchill’s essay did not; Churchill expressed his views openly, while Yoo hid behind a wall of government secrecy and bureaucracy; Yoo was surreptitiously working to murder the Constitution and Bill of Rights, while Churchill was breathing life into them by exercising the very rights these documents were created to protect.”

Yet the academic tenure that failed to protect Churchill is apparently sacrosanct when it comes to protecting Yoo.

In addition, unlike Churchill’s experiences, America’s legal system and its government have given the “red carpet treatment” to Yoo. Even though investigators from the DOJ’s Office of Professional Responsibility had the integrity to conclude that Yoo had committed “intentional professional misconduct” sufficient to warrant disciplinary action, an ethically corrupt DOJ attorney overruled them, claiming Yoo had simply exercised “bad judgment.”

The “progressive” Obama administration has also gone to extraordinary lengths to protect Yoo, even pressuring foreign governments into not pursuing torture indictments against him. In fact, in a remarkable “coincidence,” Baltasar Garzon, a Spanish judge who was conducting a criminal investigation into Yoo and five other Bush-era officials regarding their sanctioning of torture, was recently disqualified from participating in “judicial activity” for a period of eleven years.

Meanwhile back in America, the Ninth Circuit Court of Appeals recently ruled that Yoo had immunity against a lawsuit filed by Jose Padilla, an American citizen who was allegedly tortured based upon Yoo’s memos. This decision, although egregious and contemptuous of even the most basic of human rights, was not surprising given that Jay Bybee, Yoo’s former boss at the DOJ and a target of Garzon’s now defunct investigation, currently serves as a Ninth Circuit judge.

When I wrote A Tale of Two Academics for Pravda.Ru, the jury had just returned its verdict in Ward Churchill’s favor, and federal judge Jeffrey White had ruled that Padilla had the right to sue Yoo for the tortures he endured because “Government officials are legally responsible for the ‘foreseeable consequences of their conduct.’”

While it appeared for that all too brief period of time that the legal system was working, I still stated that “anyone familiar with American jurisprudence knows that such victories are fleeting in a legal system that labors harder to rationalize injustice than it does to produce justice.”

The Ninth Circuit Court of Appeals and a corrupt cabal of Colorado judges certainly did nothing to prove me wrong.

Looking back, I should be amazed at how accurate my predictions were regarding the ultimate outcomes of the Churchill and Yoo cases. But the truth is my past work as an attorney incessantly demonstrated to me that America’s legal system is nothing but a facade to dupe people into believing there is such a thing as “justice.” The reality, as Churchill’s attorney David Lane recently explained, is that “judges, by and large, are appointed by the rich and powerful to protect the rich and powerful’s interests in society.”

So the satisfaction of being right does little to diminish my wish to have been wrong, because academic freedom is now dead, the rich and powerful are exempt from punishment for their crimes and corruption, the poor and weak have no avenues left to defend their rights, people who exercise their constitutional freedoms are penalized for doing so while those who endeavor to destroy those freedoms are legally protected and rewarded, and torturers serve as law professors and judges in a nation that still has the effrontery to preach about “respect” for human rights.

Finally, a discussion about facades would not be complete without including Indiana’s anti-labor, pro-privatization governor Mitch Daniels. In my Pravda.Ru article, Boycott Indiana (January 11, 2012), I discussed how Daniels ended the collective bargaining rights of public employee unions; privatized state-owned assets, like the Indiana Toll Road; turned administration of the state’s welfare system over to a private corporation in what a judge later called a “misguided” experiment; and, with the aid of his corrupt cronies in the state legislature, rammed through anti-union “right-to-work” legislation.

Yet once his term expires in a few months, this “paragon” of privatization will continue to make a living suckling off the taxpayers’ teat as president of the publicly funded Purdue University. In preparation for the arrival of King Mitch, Purdue officials recently made $380,000 in improvements to the “President’s suite.”

Coming in Part II: Once an Adjunct, Always an Adjunct

David R. Hoffman, Legal Editor of Pravda.Ru



Leave a comment
Print this article





ISIS THREATENS IRAN FOR A HILARIOUS REASON – WHAT ISIS AND AL-NUSRA REALLY ARE
Wednesday 29 - 18:56
by JOHN CHUCKMAN
Invisible people: cashless societies don’t kill poverty, but the poorest ones
Wednesday 29 - 17:12
by Morgan Connors
THE COMING MULTI-POLAR WORLD AND AMERICA’S IMPERIAL DECLINE - A DANGEROUS TIME
Monday 27 - 16:58
by JOHN CHUCKMAN
HOW GOVERNMENT EXPLOITS MURDER FOR ITS OWN ENDS - THE TRUTH ABOUT LONDON
Monday 27 - 16:56
by JOHN CHUCKMAN
AMERICA’S CIVILIAN SLAUGHTER IN MOSUL - JUST AN AMERICAN BOMBING TRADITION
Monday 27 - 16:53
by JOHN CHUCKMAN
WHY DO ONE-THIRD OF ISRAEL’S PEOPLE WANT TO LEAVE AS DISCOVERED IN A RECENT POLL
Monday 27 - 16:51
by JOHN CHUCKMAN
THE UNFORGIVABLE EVIL
Saturday 25 - 01:55
by David R. Hoffman, Legal Editor of Pravda.Report
Trump repeal of the Affordable Care Act will kill 43,000 Americans over 8 years
Saturday 18 - 00:32
by Dr Gideon Polya
Free university education - tertiary education can and should be free for all
Thursday 9 - 06:29
by Dr Gideon Polya
QUOTING AMERICA’S FOUNDING FATHERS ON IMMIGRATION OR ANYTHING
Tuesday 7 - 18:51
by JOHN CHUCKMAN
THE POINTLESS ARGUMENT OVER WHO WAS FIRST IN THE HOLY LAND
Tuesday 7 - 18:49
by JOHN CHUCKMAN
YES OBAMA IS RESPONSIBLE FOR CRIMEA AND THE MESS IN UKRAINE
Tuesday 7 - 18:48
by JOHN CHUCKMAN
8th. March -----The Modi-fied International Women’s Day In Gujarat
Tuesday 7 - 15:20
by Dwarika Nath Rath
ON THE GREAT MYSTERY OF INTENSE HOSTILITY TOWARDS LIBERALS IN AMERICA - OBAMA
Monday 6 - 19:30
by JOHN CHUCKMAN
EVERYTHING YOU NEED TO KNOW ABOUT PRESS BIAS, FAKE NEWS, DISHONEST JOURNALISM
Sunday 26 - 17:52
by JOHN CHUCKMAN
TWO STATES OR ONE STATE? THE STARK REALITY IS THAT BOTH SOLUTIONS ARE IMPOSSIBL
Wednesday 22 - 18:16
by JOHN CHUCKMAN
Open Letter to Australian MPs re Apartheid Israel PM Netanyahu’s Australia visit
Tuesday 21 - 00:18
by Dr Gideon Polya
How Eric Arnoux and Fabrice Molinaro target the First Ammendment
Thursday 9 - 18:40
by Billy1975
THE CHANCE FOR GREATNESS, BUT IT IS SO EASILY LOST
Saturday 28 - 20:19
by JOHN CHUCKMAN
TRUMP: AMERICA’S HITLER
Saturday 28 - 04:07
by David R. Hoffman
1 comment
LUNATIC EXCESSES IN THE WASHINGTON MARCH - WHILE IGNORING MASS MURDER
Monday 23 - 19:19
by JOHN CHUCKMAN
JOHN CHUCKMAN COMMENT: EVERYTHING YOU WANTED TO KNOW ABOUT THE SO-CALLED DOSSIER
Monday 16 - 15:08
by JOHN CHUCKMAN
The Rotten Apple in The Prince’s Crown
Friday 13 - 18:44
by RegisFranck
Christophe Mazurier takes part in the Hero World Challenge
Friday 13 - 11:43
OF WIZARDS AND WASHINGTON AND THE DREARY, UNRELENTING REALITY OF AMERICAN POLITI
Thursday 12 - 15:01
by JOHN CHUCKMAN
A DAY THAT WILL LIVE IN INFAMY
Monday 9 - 06:23
by David R. Hoffman, Legal Editor of Pravda.Ru
Judah Ben Hur, Amb. Republican Candidate for President 2020
Sunday 8 - 15:00
by Judah Ben Hur, Amb. Republican Candidate for President 2020
DARK DAY DEMOCRACY: THE ACCIDENTAL PRESIDENT
Saturday 7 - 21:41
by JACK RANDOM
President Donald Trump and Ambassador Judah Ben Hur
Saturday 7 - 15:04
by President Donald Trump and Ambassador Judah Ben Hur
THE INSANE CIRCUS NOW GOING ON IN WASHINGTON – A SAD PARODY OF JOSEPH MCCARTHY
Friday 6 - 17:15
by JOHN CHUCKMAN
The New Cultural Frontier as shown by Christophe Mazurier
Tuesday 27 - 14:29
UN Security Council Resolution 2334 – Beginning Of The End For Apartheid Israel?
Monday 26 - 23:37
by Dr Gideon Polya
AND TO ALL A GOOD NIGHT...A CONTEMPORARY CHRISTMAS TALE
Saturday 24 - 18:00
by JOHN CHUCKMAN
Judicially arraign, try and punish climate criminals for 10 million deaths pa
Thursday 22 - 20:02
by Dr Gideon Polya
Australia: the social cost of a cashless economy
Thursday 8 - 18:25
by Sarah Jenkins
THE PROFOUND DISAPPOINTMENT OF ANGELA MERKEL
Monday 5 - 17:24
by JOHN CHUCKMAN
Modern slaves rebel in rural South Africa and win!
Sunday 27 - 19:18
by md
Arrivederci Fidel !!! Hasta la victoria siempre companero !!! (video)
Saturday 26 - 10:48
by Roberto Ferrario
INDIANA: STATE OF SADISTIC COWARDICE
Tuesday 22 - 21:26
by David R. Hoffman, Legal Editor of Pravda.Ru
Pro-Zionist Leonard Cohen (1934-2016) & Apartheid Israel’s Palestinian Genocide
Thursday 17 - 00:28
by Dr Gideon Polya

home | webmaster



Follow-up of the site's activity
RSS Bellaciao En


rss FR / rss IT / rss ES



Bellaciao hosted by DRI

It is the responsibility of the intellectual to speak the truth and to expose lies. Noam Chomsky
Facebook Twitter Google+
DAZIBAO
I, European citizen, won’t let refugees be rejected in my name
Thursday 10 March
©Olivier Jobard/Myop I, European citizen, won’t let refugees be rejected in my name THE RIGHT TO ASYLUM IS A RIGHT In the phrase « right to asylum », every word matters. Under the law, every person who is persecuted because of his or her political opinions or because of his or her identity, every person that is endangered by violence, war or misery has a RIGHT to seek asylum in another country The aim of this petition is to collect (...)
read more...
Neo-Nazis and far-right protesters in Ukraine 3 live-stream
Friday 24 January
2 comments
The far-right in Ukraine are acting as the vanguard of a protest movement that is being reported as pro-democracy. The situation on the ground is not as simple as pro-EU and trade versus pro-Putin and Russian hegemony in the region. When US Senator John McCain dined with Ukraine’s opposition leaders in December, he shared a table and later a stage with the leader of the extreme far-right Svoboda party Oleh Tyahnybok. This is Oleh Tyahnybok, he has claimed a "Moscow-Jewish mafia" (...)
read more...
Hugo Chavez is dead (video live)
Wednesday 6 March
by : Collective BELLACIAO
1 comment
President Hugo Chavez companeros venezueliano died after a long battle with cancer.
read more...
International initiative to stop the war in Syria Yes to democracy, no to foreign intervention!
Thursday 13 December
Your support here: http://www.peaceinsyria.org/support.php We, the undersigned, who are part of an international civil society increasingly worried about the awful bloodshed of the Syrian people, are supporting a political initiative based on the results of a fact-finding mission which some of our colleagues undertook to Beirut and Damascus in September 2012. This initiative consists in calling for a delegation of highranking personalities and public figures to go to Syria in order to (...)
read more...
THE KU KLUX KLAN ONCE AGAIN CONTROLS INDIANA
Monday 12 November
by : David R. Hoffman, Legal Editor of Pravda.Ru
7 comments
At first glance, the results of America’s 2012 election appear to be a triumph for social, racial, and economic justice and progress in the United States: California voters passed a proposition requiring the rich to shoulder their fair share of the tax burden; Two states, Colorado and Washington, legalized the recreational use of marijuana, while Massachusetts approved the use of marijuana for medical purposes; Washington and two other states, Maine and Maryland, legalized same-sex (...)
read more...
I’VE DECIDED TO "WASTE" MY VOTE
Sunday 28 October
by : David R. Hoffman, Legal Editor of Pravda.Ru
In a 2004 episode of Comedy Central’s animated series South Park, an election was held to determine whether the new mascot for the town’s elementary school would be a “giant douche” or a “turd sandwich.” Confronted with these two equally unpalatable choices, one child, Stan Marsh, refused to vote at all, which resulted in his ostracization and subsequent banishment from the town. Although this satirical vulgarity was intended as a commentary on the two (...)
read more...
HIGHER EDUCATION IN AMERICA: DREAM OR NIGHTMARE? PART IV
Friday 28 September
by : David R. Hoffman, Legal Editor of Pravda.Ru
PART I PART II PART III If there is one major inconsistency in life, it is that young people who know little more than family, friends and school are suddenly, at the age of eighteen, supposed to decide what they want to do for the rest of their lives. Unfortunately, because of their limited life experiences, the illusions they have about certain occupations do not always comport to the realities. I discovered this the first time I went to college. About a year into my studies, I (...)
read more...
HIGHER EDUCATION IN AMERICA: DREAM OR NIGHTMARE? PART III
Friday 28 September
by : David R. Hoffman, Legal Editor of Pravda.Ru
PART I PART II PART IV Disillusioned with the machinations of so-called “traditional” colleges, I became an adjunct instructor at several “for-profit” colleges. Thanks largely to the power and pervasiveness of the Internet, “for-profit” colleges (hereinafter for-profits) have become a growing phenomenon in America. They have also been the subject of much political debate and the focus of a Frontline special entitled College Inc. Unlike traditional (...)
read more...
HIGHER EDUCATION IN AMERICA: DREAM OR NIGHTMARE? PART II
Friday 28 September
by : David R. Hoffman, Legal Editor of Pravda.Ru
PART I PART III PART IV Several years ago, a young lady came into the college where I was teaching to inquire about a full-time instructor’s position in the sociology department. She was advised that only adjunct positions were available. Her response was, “No thanks. Once an adjunct, always an adjunct.” Her words still echo in my mind. Even as colleges and universities raise their tuition costs, they are relying more and more on adjunct instructors. Adjuncts are (...)
read more...
HIGHER EDUCATION IN AMERICA: DREAM OR NIGHTMARE? PART I
Friday 28 September
by : David R. Hoffman, Legal Editor of Pravda.Ru
PART II PART III PART IV When The Bill of Rights was added to the United States Constitution over two hundred years ago, Americans were blessed with many rights considered to be “fundamental.” One conspicuously missing, however, was the right to an education. This was not surprising given the tenor of the times. America was primarily an agrarian culture, and education, especially higher education, was viewed as a privilege reserved for the children of the rich and (...)
read more...
ONE SOLITARY LIFE, PART TWO
Monday 30 July
by : David R. Hoffman, Legal Editor of Pravda.Ru
3 comments
If there is one universal question that haunts all human beings at some point in their lives, it is, “Why do we die?” Death, after all, is the great illogic. It ultimately claims all, the rich and the poor, the mighty and the small, the good and the evil. Death also has the capability to make most human pursuits—such as the quest for wealth, fame and power—vacuous and fleeting. Given this reality, I have often wondered why so many people are still willing to (...)
read more...
HOW MUCH CORRUPTION CAN DEMOCRACY ENDURE?
Thursday 28 June
by : David R. Hoffman, Legal Editor of Pravda.Ru
6 comments
How much corruption can a “democracy” endure before it ceases to be a democracy? If five venal, mendacious, duplicitous, amoral, biased and (dare I say it) satanic Supreme Court “justices”—John Roberts, Samuel Alito, Antonin Scalia, Clarence Thomas and Anthony Kennedy—have their way, America will soon find out. In several previous articles for Pravda.Ru, I have consistently warned how the Supreme Court’s 2010 Citizens United decision is one of the (...)
read more...
DEMOCRACY IN THE HANDS OF IDIOTS, PART TWO
Tuesday 12 June
by : David R. Hoffman, Legal Editor of Pravda.Ru
1 comment
Imagine, if you will, that the United States government passes a law banning advertisers from sponsoring commercials on Rush Limbaugh’s radio show or Rupert Murdoch’s Fox (Faux) “News” Network. On one hand, there would be two decided advantages to this ban: The National IQ would undoubtedly increase several percentage points, and manipulative pseudo-journalists would no longer be able to appeal to the basest instincts in human nature for ratings and profit while (...)
read more...
DEMOCRACY IN THE HANDS OF IDIOTS
Thursday 7 June
by : David R. Hoffman, Pravda.Ru Legal Editor
4 comments
LIVE, from the State that brought you Senator Joseph McCarthy, Wisconsin voters now proudly present, fresh from his recall election victory, Governor Scott Walker! At first glance, it is almost unfathomable that anyone with a modicum of intelligence would have voted to retain Scott Walker as Wisconsin’s governor. This, after all, is a man who openly declared he is trying to destroy the rights of workers through a “divide and conquer” strategy; who received 61% of the (...)
read more...
PEOPLE WITHOUT SOULS
Tuesday 13 March
by : David R. Hoffman, Legal Editor of Pravda.Ru
2 comments
A question I’ve frequently been asked since I began writing for Pravda.Ru in 2003 is, “Why did you become disillusioned with the practice of law?” This question is understandable, particularly since, in most people’s minds, being an attorney is synonymous with wealth and political power. I’ve always been reluctant to answer this question for fear it will discourage conscientious and ethical people from pursuing careers in the legal profession—a (...)
read more...