Tag: Delaware

Free Speech Belongs on Campuses Too

Speaking of free speech, last night I had an Obamacare panel at Widener University, which is currently having its own little speech-related brouhaha.  (Getting there was a bit of a hassle because I was held up at the Wilmington Amtrak station by Vice President Biden’s entourage — but I didn’t end up in a closet, so I guess it could have been worse.)

There are strange things afoot at the tiny Delaware law school, specifically to tenured professor Lawrence Connell, who also happens to be the adviser to the school’s Federalist Society chapter. From the Foundation for Individual Rights in Education:

Widener University School of Law is attempting to fire longtime criminal law professor Lawrence Connell by charging him with dubious violations of the school’s harassment code, such as using the term “black folks” in class and using the names of law school Dean Linda L. Ammons and other law school colleagues as characters in class hypotheticals. Although a faculty panel has already recommended that Widener drop its “dismissal for cause” proceedings against Connell, administrators have reportedly induced students to issue further complaints under a new process that forces Connell to keep the details of the proceedings secret. Connell, who is represented by attorney Thomas S. Neuberger, also requested help from the Foundation for Individual Rights in Education (FIRE).

“Not only do the charges against Professor Connell appear to be either unsubstantiated or totally meritless, but even after the faculty refused to assent to his firing Widener has found a new, ‘confidential’ procedure to use against him,” FIRE President Greg Lukianoff said. “Professor Connell has already addressed the charges, but now he cannot publicly discuss the details of his prosecution out of fear of punishment for ‘retaliatory action’ if he reveals them.”

Although Widener is a private university, a faculty member receiving such treatment on dubious charges should raise some eyebrows in legal academia. If there is something to the charges, let them be aired in public. While this is not a constitutional issue, I’m sure the law school administration is well aware of the importance of both due process and intellectual freedom. To that end, either the professor should be afforded the dignity of defending himself to his accusers or this nonsense should be put to bed.

You can read more about the case here. Also, if the state of today’s law schools interests you, I cannot recommend strongly enough my colleague Walter Olson’s new book, Schools for Misrule: Legal Academia and an Overlawyered America.

Thanks to Jonathan Blanks for his help with this blogpost.

One Signature Closer to a Vote on Obamacare Repeal

This morning, in a column for National Review Online, I criticized a number of Democrats and Republicans who voted against Obamacare but had not signed a discharge petition that would force a floor vote on repealing the new health care law. One of the Republicans I singled out was Rep. Castle of Delaware, who is now seeking the GOP nomination for US Senate. This afternoon, Rep. Castle’s staff informed me that he intends to sign that petition as soon as he returns to Washington after the recess. That leaves five Republicans who have not signed.  For the record, they are: Mark Kirk of Illinois, Joseph Cao and Charles Boustany of Louisiana, David Reichert of Washington, and Shelley Moore Capito of West Virginia.

First to the “Top”

Congratulations Delaware and Tennessee – you’ve won the Race to the Top beauty contest! Of course, the grading was subjective and will be disputed by lots of states that haven’t won. Well, haven’t won yet – there’s a second round to this, remember.

So what do the victories for Delaware and Tennessee mean? The edu-pundits will no doubt be reading deep into the results over the coming days, trying to determine what they portend for the future of RttT, federal education policy generally, and politicians across the country.  And there are some juicy political leads worth following, including the possibility that the winning states were chosen because they have Republican congress members who could be pivotal in getting bipartisan support for the administration’s No Child Left Behind reauthorization plans.  

All of this, though, will ultimately miss by far the biggest point about RttT: The most beautiful promises and laws mean nothing unless they are implemented, and history offers little reason to believe that even the finest parts of the RttT winners’ applications will be brought to bear.

Despite over forty years of federal education interventions, and nearly two decades of state-level standards-and-accountability reforms, academic achievement has stagnated. Long-term National Assessment of Educational Progress scores in mathematics and reading for our schools’ “final products” – high-school seniors – have been almost completely flat since the early 1970s, and fourth and eighth-grade “main NAEP” reading scores released just last week demonstrate the same awful trend since the early 1990s. This despite a 123-percent increase in real, per-pupil funding since 1970.  

Quite simply, no degree of legislative tinkering within the system has produced lasting improvements because those who would be held to high standards – teachers, administrators, and bureaucrats – have by far the most political clout in education, and they’ve hollowed out anything “tough” that’s been tried. The only thing that will move us powerfully forward – as extensive research on educational freedom demonstrates – is empowering parents to bypass education politics by freely choosing schools that have the autonomy needed to compete and innovate.

Unfortunately, that kind of reform wouldn’t gain a state so much as a point in the Race to the Top. And the limited choice – charter schools – that could get a state some points? According to the Center for Education Reform, Delaware only gets a B for its charter school law – a grade based generally on how free and competitive charter schools can be – while Tennessee gets an atrocious mark of D.

There’s nothing beautiful about that.

The World’s Best Tax Haven: In America, but Unavailable to Americans

Tax competition is an issue that arouses passion on both sides of the debate. Libertarians and other free-market advocates welcome tax competition as a way of restraining the greed of politicians. Governments have lowered tax rates in recent decades, for instance, because politicians are afraid that the geese that lay the golden eggs can fly across the border. But collectivists despise tax competition – for exactly the same reason. They want investors, entrepreneurs, and companies to passively serve as free vending machines, dispensing never-ending piles of money for politicians. So when a left-wing group puts together a ranking of the world’s “top secrecy jurisdictions” in hopes of undermining tax competition, proponents of individual freedom can use that list as a guide to world’s most investor-friendly nations. The good news is that an American state, Delaware, is number one on the list. And since being a tax haven is a magnet for investment, this is good news for U.S. competitiveness. The bad news is that American taxpayers are not allowed to benefit from many of Delaware’s “tax haven” policies. Here’s what a left-wing columnist in the United Kingdom wrote about the issue:

You’re a billionaire but you don’t want anyone, least of all the taxman, to know. What do you do? Head for a palm-fringed island paradise or a snow-covered Alpine micro-state? Wrong. The world’s most opaque jurisdictions – the ones that will best shield you and your cash from the light – are mostly in the heart of the most sophisticated and powerful global financial centres. London, Luxembourg and Zurich are in the top five most secretive jurisdictions, according the first comprehensive index of financial transparency ever compiled. Yet top of the pile, beating the British Virgin Islands, Belize or Liechtenstein as the best place to hide wealth, is Delaware. One of the smallest states in the US, it offers the best protection for anyone who does not want to disclose their identity as a beneficial owner of a company. That is one very good reason why the East Coast state hosts 50% of the US’s quoted firms and 650,000 companies – almost equivalent to one company per Delaware resident. …Delaware – the political power-base of the US vice-president, Joe Biden – offers high levels of banking secrecy and does not make details of trusts, company accounts and beneficial ownership a matter of public record. Delaware also allows companies to re-domicile within its borders with minimal disclosure, and allows the existence of privacy-enhancing “protected cell” or “segregated portfolio” companies, among many other stratagems useful for protecting the identity of those who do business there.