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Letters: Teacher Evaluations in New York

Written By Unknown on Kamis, 31 Januari 2013 | 13.25

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Re "The Teacher Evaluation Fight" (editorial, Jan. 19):

 Teacher evaluations should be used to develop educators, not fire them, just as student evaluations should be used to develop students, not fail them. The goal of education should be to encourage introspection and thought, not obsequious compliance to an educational, government or classroom regime.

When teachers believe in what they are doing, there is conviction; when students see relevance in what they are studying, there is learning. When teachers mindlessly perform classroom acts so that administrators can check lists and when students perform because teachers order them to, thinking suffers.

Let each teacher write a statement of philosophy, "What I do in the classroom and why." File that statement in the front office. Let the administrator observe class and see if there is relevance between what the teacher believes and what the teacher does.

In the best teachers there is agreement among methods, practice and values. When there is disagreement, there is confusion, dysfunction and chaos.

 America does not punish people for what they believe or who they are. Teachers should not be threatened or punished because they don't live up to a model they don't believe in or helped create any more than students should be punished for who they aren't. 

Education should encourage thought, dialogue and growth, not reward  blind obedience.

KEVIN O'NEILL
Ship Bottom, N.J., Jan. 20, 2013

The writer is a retired teacher.

 

To the Editor:

Any teacher evaluation process tied to student test scores is disastrous to students. You don't have to be an evolutionary psychologist to know that for the sake of survival, teachers will inevitably shave their lessons down to the fine points of mandated exams even more than they do already. This is no way to expand the minds of our children and fit them for successful lives.

The Regents are no longer graded in schools by the students' teachers, a practice that invited tampering. Instead, teachers are drafted to go to other schools, where they grade the papers of unknown students. The New York City Department of Education piloted this new scheme last June for many but not all Regents. But this  June all exams will be graded in this new fashion.

Imagine the deluge next summer when the temptation to tamper is gone. Failure rates will leap and graduation rates dive. And who will be blamed? All those ineffective teachers, who else?

PHILIP NOBILE
Brooklyn, Jan. 19, 2013

The writer is a New York City high school social studies teacher.


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Letters: As the Senate Debates Gun Control

To the Editor:

Justin Cronin's love letter to responsible gun ownership ("Confessions of a Liberal Gun Owner," Op-Ed, Jan. 28) doesn't change this liberal's position one iota. I, too, grew up in the Northeast, where I learned to handle firearms for target and skeet shooting as a teenager in summer camp. The Army trained me to assemble and fire a military rifle and .45-caliber pistol responsibly. I know the satisfaction of competently handling and firing a deadly weapon.

Yet when I picture that dark movie theater in Aurora, Colo., and what might have happened had one or more legally armed people attempted to return that shooter's fire, I cannot endorse a society in which even responsible, licensed citizens among us routinely carry firearms.

Even highly trained, experienced police officers are challenged to make split-second, potentially deadly decisions when confronted with real-world shooters mixed in with civilians. It's only a matter of time before some innocents end up getting shot by a would-be vigilante. And please explain just how the police are expected to correctly determine which shooter is the perpetrator?

The pro-gun folks are right: Responsible gun ownership is legal and generally no more threatening to others than driving a car. Nevertheless, people do get drunk or high on drugs, fight with their partners or co-workers, or get depressed and suicidal. Every day, people do stupid things with their cars and their guns, sometimes injuring or killing others.

Our shamefully high incidence of gun deaths is clear evidence that we don't take this responsibility seriously enough. Gun ownership should require mandatory training, licensing, insurance and annual registration.

DEAN FOX
Foster City, Calif., Jan. 28, 2013

To the Editor:

After a month of hysterical hand-wringing, it is a relief to see a rational discussion of gun ownership, self-defense and social meltdown.

Compared with most of the world, the United States has been spared huge social upheaval caused by war or natural disaster. But when our luck finally runs out and society falls apart, self-defense will be central to individual survival, and all the current feel-good moralizing will seem fatally naïve. Helplessness is neither admirable nor moral.

LAURENCE FRANK
Hillsborough, Calif., Jan. 28, 2013

To the Editor:

The most striking fact of Justin Cronin's confession is the event that led him to purchase his first firearm. It was when nothing happened to him.

Yes, evacuation during Hurricane Rita must have been fraught with fear, anxiety, confusion, tension. But where was the violence? In the writer's imagination, in hindsight. He succumbed to the fear that something "could have" happened, even though nothing did.

The gun debate orbits around the fear of boogeymen, minorities, strangers. How ironic that most legal gun owners neither live in the most dangerous American cities nor have they been victims of crime. Only when Americans stop being afraid will we make any true progress.

SHAHRYAR MOTIA
Brooklyn, Jan. 28, 2013

To the Editor:

So let's get this straight. In their pious Jan. 30 Op-Ed essay, "Bipartisan Hunting Buddies," James A. Baker III and John D. Dingell say that one way to curb gun violence is for parents to yank their kids away from their video games and take them out to kill something small and defenseless? They also call for "common sense" in making gun laws. There seems to be a disconnect here.

TERRY SHAMES
Berkeley, Calif., Jan. 30, 2013

To the Editor:

Re "Selling a New Generation on Guns" ("Bearing Arms" series, front page, Jan. 27):

It comes as no surprise that the gun industry, like Big Tobacco at one time, deliberately targets children in order to groom a new generation of consumers.

As the reporting makes abundantly clear, the National Rifle Association and the National Shooting Sports Foundation are trade organizations whose only mission is to increase sales. Behind their meretricious arguments that firearm use somehow develops "life skills" or teaches responsibility is the real bottom line: profits.

PATRICK WALSH
Princeton, N.J., Jan. 27, 2013

The writer is a former infantry officer.

To the Editor:

Re "What We Don't Know Is Killing Us" (editorial, Jan. 27):

That the gun lobby has effectively shut down government-financed research on gun violence for 17 years exposes just how shaky its self-confidence is. Many of us are willing to accept gun ownership in exchange for sane public safety measures based on objective data. So if guns ultimately make us safer in and out of our homes, then why not give researchers a chance to prove it? Until the gun lobby is willing to face facts, it will be running scared, and with good reason.

ANDREW SOFER
Jamaica Plain, Mass., Jan. 28, 2013

To the Editor:

The Jan. 29 column by Joe Nocera, "And in Last Week's Gun News...," was brilliant. Listing both accidental and purposeful shootings day by day plainly reveals the depth and ordinariness of our gun culture.

Anger and the wish to kill will always be part of human life, but we do not have to make it so easy and commonplace to destroy the lives of neighbors, strangers and family members, instantaneously.

It is the gun culture that needs to be killed. And that will not be easy. The time to do it is now, while we still have the capacity to be appalled.

BOBBIE GOTTSCHALK
Co-founder, Seeds of Peace
Washington, Jan. 29, 2013


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Letter: A Hub of Innovation

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To the Editor:

Susan Crawford's Jan. 24 Op-Ed essay, "How to Get America Online," misses the mark.

The United States has only 5 percent of the world's wireless subscribers, yet we have almost half of the world's LTE (Long Term Evolution) network subscribers. The United States is also the headquarters for the developers of the world's two dominant wireless operating systems and the locus of innovation in the applications market.

Ms. Crawford seems to ignore all this by making the unfounded and absurd suggestion that the United States is ceding its technological advantage to other countries. The United States is the hub of wireless innovation. Ms. Crawford's assertions simply do not comport with the reality.

STEVE LARGENT
President and Chief Executive
CTIA-The Wireless Association
Washington, Jan. 24, 2013


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Letter: Airline Pilots and Climate

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The European Union's unilateral effort to tax United States airlines in the name of addressing climate change threatens thousands of United States jobs at a time when our airlines are already overtaxed and competing with heavily state-backed foreign carriers ("Your Biggest Carbon Sin May Be Air Travel," news analysis, Sunday Review, Jan. 27).

Airline pilots play a critical role in protecting the environment. Along with our union's efforts to promote sound environmental policy, pilots also make our commitment clear in the cockpit, through single-engine taxiing, technology-enhanced departure and arrival procedures, and other emission-cutting flight operations.

The true solution to reducing emissions is maximizing voluntary measures that are already proved to make a difference and creating international emissions guidelines through the International Civil Aviation Organization.

The United States airline industry's employees need the federal government to make certain our industry thrives and to help us deliver on our drive to compete and win in the global marketplace.

LEE MOAK
President, Air Line Pilots Assn. Intl.
Washington, Jan. 29, 2013


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Opinionator: The Hidden Prosperity of the Poor

A concept promulgated by the right — the notion of the hidden prosperity of the poor — underpins the conservative take on the ongoing debate over rising inequality.

The political right uses this concept to undermine the argument made by liberals that the increasingly unequal distribution of income poses a danger to the social fabric as well as to the American economy.

President Obama forcefully articulated the case from the left in an address on Dec. 6, 2011 at Osawatomie High School in Kansas:

This kind of gaping inequality gives lie to the promise that's at the very heart of America: that this is a place where you can make it if you try. We tell people — we tell our kids — that in this country, even if you're born with nothing, work hard and you can get into the middle class. We tell them that your children will have a chance to do even better than you do. That's why immigrants from around the world historically have flocked to our shores.

The conservative counterargument – that life for the poor and the middle class is better than it seems – goes like this: Even with stagnant or modestly growing incomes, the poor and middle class benefit from the fact that a stable or declining share of income is now required for basic necessities, leaving more money for discretionary spending. According to this theory, consumption inequality – the disparity between the amount of money spent on goods and services by the rich, the middle class and the poor — remains relatively unchanged, even while income inequality worsens.

In its definition of consumption, the Bureau of Labor Statistics includes "expenditures for food, housing, transportation, apparel, medical care, entertainment, and miscellaneous items." In an e-mail to The Times, Mark Perry, an economist at the University of Michigan-Flint, goes further to make the conservative case:

For the consumer products, goods, and services primarily produced/provided by the private sector in competitive markets: air travel, foreign travel, food and beverages, restaurant meals, housing, clothing, footwear, household appliances and utensils, furniture, electronics (TVs, iPods, DVDs, BlueRay, Tivo, home theater systems), cameras, GPS, computers, cars and trucks, recreational vehicles, motorcycles, sporting goods, household tools and equipment, cell phones and cell phone service, LASIK surgery, cosmetic surgery, musical instruments, jewelry and watches, luggage, toys, books, information (Wikipedia, Internet, etc.), Cable TV, Internet service, car wash, oil changes, etc. those products and services keep getting cheaper and cheaper, and better and better, and with greater variety, relative to: a) the general price level, and b) average income, and in other words, keep getting more and more affordable over time to the average person. And the average consumer benefits the most, and is most satisfied, with those products/services provided by the market.

Perry and Donald Boudreaux, an economist at George Mason University, elaborated on this theme in a Jan. 23 op-ed in the Wall Street Journal, "The Myth of a Stagnant Middle Class." The two economists contend that the "favorite progressive trope" of middle and lower class stagnation "is spectacularly wrong" – that American families today have substantially more discretionary income than ever before because the cost of basic necessities has been steadily falling as a proportion of income:

According to the Bureau of Economic Analysis, spending by households on many of modern life's "basics" — food at home, automobiles, clothing and footwear, household furnishings and equipment, and housing and utilities — fell from 53% of disposable income in 1950 to 44% in 1970 to 32% today.

Kevin Hassett, director of economic policy studies at the American Enterprise Institute, and Aparna Mathur, an A.E.I. colleague, declared in an earlier Wall Street Journal op-ed that warnings by Democratic politicians of rising inequality

echo a standard left-wing critique of capitalism: Economic growth does not serve all classes of society. In the mid-19th century, socialists of various stripes asserted that capitalists grow richer while exploiting workers, who grow poorer. Today we hear that the gains from economic growth accrue to the highest-income earners while the standard of living of the poor and middle America stagnates and the gap between the richest and the poorest grows ever wider. That portrait of the country is wrong.

Instead, Hassett and Mathur argue that liberals are asking the wrong question. They point out that according to data from the Consumer Expenditure Survey compiled for the Bureau of Labor Statistics

if you sort households according to their pretax income, in 2010 the bottom fifth accounted for 8.7% of overall consumption, the middle fifth for 17.1%, and the top fifth for about 38.6%. Go back 10 years to 2000 — before two recessions, the Bush tax cuts, and continuing expansions of globalization and computerization — and the numbers are similar. The bottom fifth accounted for 8.9% of consumption, the middle fifth for 17.3%, and the top fifth for 37.3%.

The consumption theory is powerfully attractive to the right for a number of reasons. It undermines the legitimacy of government action to ameliorate rising income inequality. And it is based in part on the premise that existing welfare programs – food stamps, Medicaid, temporary cash assistance — are doing their job.

These conservative analyses have drawn heated criticism. My colleague Paul Krugman was harsh in his assessment of Boudreaux-Perry – "The BR piece is, in short, a complete non sequitur" — and scathing in his view of Hassett's qualifications: "the co-author of 'Dow 36,000' doesn't exactly have a reputation to destroy."

In fact, other respected economists have been raising serious questions for some time about the consumption thesis and the so-called hidden prosperity of the poor.

In February 2011, the National Bureau of Economic Research published a paper, "Has Consumption Inequality Mirrored Income Inequality?" by Mark A. Aguiar, of Princeton, and Mark Bils of the University of Rochester. The authors concluded that "consumption inequality has closely tracked income inequality over the period 1980 – 2007." In other words, the growing gap between what rich and poor spend parallels the growing gap in the money they take in.

Similarly, in "The Evolution of Income, Consumption, and Leisure Inequality in the US, 1980-2010," Orazio Attanasio of University College London, Erik Hurst of the University of Chicago and Luigi Pistaferri of Stanford declared that their analysis of the data shows that "the increase in income inequality was matched by an increase in consumption inequality of comparable magnitude."

The polarized conflict over the measurement of inequality goes to the heart of a much larger debate in terms of public policy – a debate that has raged for almost a century. Boudreaux puts the conservative case with verve:

Even if we were to grant that both income and consumption inequality has risen over the past few decades, that fact alone says nothing about the absolute economic well-being of middle-income and poor Americans. While we believe that consumption inequality has in fact declined, our larger, more central, and most important point is that middle-class Americans are today far better off economically than they were 30 or 40 years ago, regardless of how their well-being today compares to that of rich Americans.

In contrast, David Autor, an economist at M.I.T., wrote in an e-mail to The Times:

My concern is not about inequality at a point in time per se but about the effect of rising inequality on disequalizing the life chances of kids born into affluent versus non-affluent households. There's a real danger that the U.S. — which is not an economically mobile society by western standards — is going to become more dynastic. Already the gradient between household income and college attendance has steepened substantially between cohorts born in the early 1960s and those born in the early 1980s. Since educational attainment is the key predictor of lifetime earnings, this suggests that the link between circumstances at birth and lifetime incomes will be magnified in the current generation relative to the earlier one.

Autor goes on to concede the positive incentives that inequality can generate, but stresses that, in excess, inequality becomes dangerously destructive:

If the U.S. has a civic religion, it is our belief that society should be meritocratic — everyone should have a fair chance at success based on their smarts and their hard work. As the inequality of household resources becomes more skewed, the likelihood that kids starting at the bottom get a decent shot at the top gets more remote. Of course, there are and will be exceptionally successful people from every possible background. But if you walk the campuses of most top colleges in the U.S., you will discover that the vast majority are from upper income households. You don't have to take a moral stance on inequality per se to be deeply worried that this may ultimately inhibit the American ideals that bind us together. Inequality within reason is a good thing; it creates incentives so that people work hard to reap rewards. But if more inequality today reduces the equality of opportunity for the next generation by skewing the playing field and disequalizing opportunities faced by kids from low v. high income households, that's a tradeoff that many people would not want to make.

Politically, with the victory of Barack Obama over Mitt Romney, Autor's argument has trumped Boudreaux's. Joseph Stiglitz, a professor of economics at Columbia and former chief economist of the World Bank (who is also the moderator of a new series of Times opinion pieces on inequality called The Great Divide), makes the case that rising levels of disparity are wreaking havoc.

In a Project Syndicate column on Jan. 7, Stiglitz wrote that growing inequality

is one of the reasons for the economic slowdown, and is partly a consequence of the global economy's deep, ongoing structural changes. An economic and political system that does not deliver for most citizens is one that is not sustainable in the long run. Eventually, faith in democracy and the market economy will erode, and the legitimacy of existing institutions and arrangements will be called into question.

So where does this leave us on the question of the hidden prosperity of the poor? And why should we care?

You've heard the case from the right. What says the left?

Here are three charts from the Economic Policy Institute, a liberal think tank. When you look at the level of poverty in the United States compare with other developed countries, it is not pretty:

When you focus on child poverty, you go from bad to worse:

And how much of an investment does the United States government make in reducing poverty, compared with other Organization for Economic Cooperation and Development countries?

Jared Bernstein, who served as chief economist and economic adviser to Vice President Joe Biden during the Obama administration's first term, has gone head-on at conservative claims regarding consumption inequality and reached striking conclusions. Below is a set of graphs produced by Bernstein "for research purposes" that were published in 2010 by the Bureau of Labor Statistics. Key consumer costs, Bernstein found, have far outpaced the rate of income growth:

In effect, those at the bottom took a double hit as their incomes shrank and prices rose:

The September 2012 report on income and poverty released by the United States Census provides the left with additional ammunition. It found that household income in 2011 fell 1.5 percent, to its lowest level in 16 years, $50,054. Most arresting, the gap between the incomes of rich and poor expanded further than it had at any time in the past 40 years.

Redistributive conflict is the essence of politics, and ultimately the data debate – in effect, the debate over who should get what — will be resolved politically. All signals point to a fierce running battle over the coming years as the shape and direction of government tax and spending policies are decided. This is a fight that only shared economic growth can defuse. President Obama was wary of engaging this debate directly during his first term. Now, decisively re-elected, he appears to be girding for action. Republicans are defensive and ill-prepared. But as the abrupt emergence of anti-Obama, anti-Democratic sentiment in 2009 and 2010 demonstrated, the balance of partisan power remains highly volatile.

Meanwhile, beneath the political battleground, the presence in the United States of 42.6 million people officially living in poverty — no matter that they have access to a trickle of consumer goods — must be recognized as a powder keg.


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Letter: Hypocrisy in College Sports

Written By Unknown on Rabu, 30 Januari 2013 | 13.25

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To the Editor:

Regarding the capricious regulation of supposedly amateur athletics and the National Collegiate Athletic Association's frequently arbitrary and unethical practices ("N.C.A.A.'s Ethics Problem," by Joe Nocera, column, Jan. 26), it really is time for one or more university presidents to step up to the plate to propose an overhaul of the system.

Surely the hypocrisy of this system is an embarrassment to all who participate in it. The exploitation of unorganized laborers (Division I football and basketball players) who make millions for their schools has gone on for too long.

PAUL CONWAY
Oneonta, N.Y., Jan. 28, 2013

The writer is professor emeritus of political science, SUNY College at Oneonta.


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Letter: Ryan’s Critique of Obama

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Re "Ryan Says Obama Ignores Fiscal Woes to Fight Republicans" (news article, Jan. 28):

Republican Party leaders continue to ignore the results of the November election with their claim, voiced most recently by the defeated vice-presidential candidate, Representative Paul D. Ryan, that President Obama is "not looking to moderate, that he's not looking to move to the middle."

It is the Republicans who have failed to acknowledge that their extreme positions are out of sync with the American people and who need to moderate their views, not the Democratic Party. Republicans show a fundamental misunderstanding of the political center by repeatedly claiming that everything the president proposes is too far to the left.

Republicans have a tough road ahead of them if they intend to show how their ideas, which promote the interests of the rich, are, in Mr. Ryan's words, "better at solving the problems that arise in people's daily lives."

JAY N. FELDMAN
Port Washington, N.Y., Jan. 28, 2013


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Letter: A River View, Ruined

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To the Editor:

Re "A Timeless View From the Cloisters Faces a Modern Intrusion" (Arts pages, Jan. 21):

As someone who spent a lot of her childhood in and around the Cloisters in Upper Manhattan and who grew up to write a novel in which the Cloisters has a life-changing effect on the main character ("Swimming Toward the Ocean"), I am saddened at the prospect of ruining the beautiful view from the bluff high above the Hudson River.

Here's one more example of how short-term "gain" corrupts our ability to appreciate what is in the best interest of present and future generations.

CAROLE GLICKFELD
Seattle, Jan. 23, 2013


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Letter: Harsh Abortion Curbs

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To the Editor:

Re "Leeches, Lye and Spanish Fly" (Op-Ed, Jan. 22):

Kate Manning's graphic description of historical abortion methods almost obscures her critical point: Women will always find a way to end unwanted pregnancies.

Those of us who survived the brutalities of untrained abortionists in the desperate days before Roe v. Wade understand the plight of women today, mostly poor or powerless, whose constitutional rights are being denied through harsh state restrictions.

While I applaud every effort to reduce abortions, I am sad for these women. Abortion will always be a complex, difficult, personal matter fully understood only by the woman involved. When safe procedures are denied, dangerous and desperate measures will again cause damage and death.

FRAN MORELAND JOHNS
San Francisco, Jan. 22, 2013

The writer is the author of the forthcoming book "Perilous Times: An Inside Look at Abortion Before — and After — Roe v. Wade."


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Taking Note: Tea Party Group to Challenge McConnell

It's too early to say for sure, but it looks like the 2014 Kentucky Senate race might just borrow its storyline from 2012, when the far-right wing engineered the selection of Republican fringe candidates that could not win a general election.

Perhaps the most dramatic example of that suicidal rush came in Missouri, where Senator Claire McCaskill helped the Tea Party candidate, Todd Akin, win the Republican primary, figuring he could never beat her in the general. (She paid for ads designed to endear him to conservatives: "Todd Akin, a crusader against bigger government.")  She bet wisely. Mr. Akin ruined whatever chances he might have had when he announced that in a "legitimate rape, the female body has ways to try to shut that whole thing down."

In Indiana in 2012, the Tea Party managed to oust Senator Richard Lugar, a long-time Senator respected on both sides of the aisle, which was probably his main crime against Tea Partyism. They chose a candidate, Richard Mourdock, who also made stupid remarks about abortion and lost.

Now, in Kentucky, a group styling itself the United Kentucky Tea Party announced that it would to try to unseat Senator Mitch McConnell — the Republican minority leader and architect of the just-say-no approach to President Obama — in the primary in 2014. "We are working on a battle plan with the ultimate goal to retire him next year," said John T. Kemper III of Lexington, a spokesman for the group with an impressive record of losing elections for a variety of offices.

Mr. Kemper acknowledged that the group does not actually have a viable candidate to beat Mr. McConnell, and then actually win a Senate race, but said humbly that he himself is on a "short list."

Personal ambition aside, the organization's antipathy toward Mr. McConnell is hard to fathom, since he has done the Tea Party's bidding — and more — for the last four years. He was the one who announced in 2010 that his first priority was to deny President Obama a second term, and backed that up with a strategy of obstruction that was truly breathtaking to watch.

The Dump McConnell Crowd has two interesting allies.

One is Liberty for All, an out-of-state PAC funded by a rich college student from Texas, which sent out an email recently saying that Mr. McConnell is "anything but a tea partier." Preston Bates, the PAC's executive director, said: "Should the right candidate emerge — be they Republican, Democrat, or Independent — Liberty For All will remain committed to electing those dedicated to more civil liberties, more economic freedom, and freeing America from corporate influence."

The other is Democrats. "We are doing a lot of reaching out to some of the Tea Party folks across the state," Keith Rouda, a field organizer with the liberal group MoveOn and the Democratic super PAC Progress Kentucky told Politico. "At least in this stage of the race we're finding that our interests align. It's unusual."

Politico reported that Democratic donors inside and outside Kentucky are interested in spending money to defeat Mr. McConnell. It quoted Sarah Durand, president of the Louisville Tea Party, as saying that "Democrats have expressed to her a willingness to spend more than $1 million to boost a McConnell challenger."

The danger, or desirable outcome, depending on your point of view, is that what happened in Missouri and Indiana will happen in Kentucky. But Ms. Durand did not seem too troubled about that. "I really think if Senator McConnell can't garner some enthusiasm within the Tea Party, which is going to be very difficult at this point, then he's going to have a really tough road ahead in this election cycle," Ms. Durand.

Here's some free advice: Make the challenger promise never to utter the word "rape."

This blog post has been revised to reflect the following correction:

Correction: January 29, 2013
The photo caption on an earlier of this post included an inaccurate timestamp. The photo was taken last week, not this week.


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Letters: Online Courses: Possibilities and Pitfalls

Written By Unknown on Selasa, 29 Januari 2013 | 13.25

Thomas L. Friedman ("Revolution Hits the Universities," column, Jan. 27) writes about a revolution in higher education through massive open online courses, or MOOCs. This is far from the case.

Disappointment is twofold. Most of the participants, as Mr. Friedman states, are middle to upper class — the same students currently taking advantage of higher education. And in the words of L. Rafael Reif, the president of M.I.T., whom Mr. Friedman cites, an M.I.T. degree will remain as it is today — "connected with bricks and mortar." MOOCs are on the margin.

MOOCs are separate from that highly desirable and precious residential degree. Online courses represent auxiliary income to support bricks and mortar and to increase brand recognition globally. New wine for an old bottle.

The high cost of a degree at M.I.T. — or most universities — is not lowered. That would be a revolution. In fact, their bricks and mortar will become only more desirable and probably more costly because of the peripheral global-brand diffusion and applicant-pool penetration. Their selectivity might even increase further.

This is no revolution. It is the rich getting richer because they have the wealth and the brand to do so.

WILLIAM G. DURDEN
President, Dickinson College
Carlisle, Pa., Jan. 27, 2013

To the Editor:

Thomas L. Friedman's optimism for a future made better by MOOCs is well founded. MOOCs are not a substitute for traditional higher education, and they do not endanger it. They expand higher education by widening access, which will improve the world in many ways.

As president of the first liberal arts college to join edX, the consortium of universities offering free online courses, and the first women's college to offer MOOCs (beginning this fall), I am hopeful for positive changes to result from educating many more people around the globe.

MOOC technology could enable even more than unparalleled access to top faculty and courses. I envision women in Riyadh and Islamabad taking literature and economics courses alongside students in Kansas City and Anchorage, engaged in discussions that are informed, impassioned and ultimately transformative — the kind of exchange that is the hallmark of a liberal arts education.

Higher education for women was, and still is for some in the world, a radical idea. By offering unrationed opportunities for women, Wellesley is ensuring that this revolution will be one that does not leave anyone behind.

H. KIM BOTTOMLY
President, Wellesley College
Wellesley, Mass., Jan. 28, 2013

To the Editor:

Thomas L. Friedman celebrates the possibilities offered by MOOCs, but gives short shrift to some key limitations. Completion rates are terrible, at roughly 10 percent to 15 percent. There is limited formative feedback to help students develop critical thinking and writing skills; assessment is typically either computer-graded or "crowd sourced." While thousands of students may post in online discussions, most students do not get known as individuals, so there is little sense of social presence.

Together these factors cause the biggest problem with MOOCs: generally only the driven, self-motivated and organized students who already have strong basic skills succeed. This has the likely effect of increasing, rather than decreasing, the digital divide.

Much like standardized college placement tests such as the SATs, online classes — an intervention that has great possibilities, created with the hope of increasing access to higher education — may end up limiting it.

BETH RUBIN
Chicago, Jan. 28, 2013

The writer is director of SNL Online at the School for New Learning, DePaul University.

To the Editor:

MOOCs are wrongly viewed as a free form of education. But when universities offer MOOCs, these courses require extensive commitments of time and expensive resources, from I.T. professionals and faculty members alike, all coming out of the tuition of undergraduates enrolled in degree programs.

Professors will not be teaching these as "extras"; each MOOC means one fewer course taught to and for the students who actually pay their salaries and the institution's overhead costs. Hours spent supervising online MOOC conversations reduce the hours available to paying students.

It may be ego-boosting to have an audience of thousands. But the financially struggling students who have sacrificed to be in a classroom deserve our full attention and are being cheated.

MARGARET D. STETZ
Newark, Del., Jan. 27, 2013

The writer is a professor of women's studies and humanities at the University of Delaware.

To the Editor:

Online ventures undeniably open access to university courses and facilitate communication and networking for those who are already prepared to benefit from them. As currently practiced, however, they also limit the diversity of perspectives, languages of instruction and ways of disseminating knowledge.

If we want a better-educated global citizenry, should we not foster a multitude of professors with different views who can share deep critical thinking in a community of learners such as only the embodied experience of the classroom can yield? Rather than renting space and computers in Egyptian villages, let us train teachers, lower costs of higher education and widen its reach, in American cities and Egyptian villages alike.

MARIANNE HIRSCH
New York, Jan. 28, 2013

The writer is president of the Modern Language Association of America and a professor at Columbia University.


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Letter: Catholic School Closings

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Re "Archdiocese to Shut Down 24 Schools" (news article, Jan. 23):

As a retired New York City public-school teacher, I view with great alarm the Archdiocese of New York's decision to close so many schools and wonder what the effect will be not only on the dispossessed students but also on the city schools, to which they will gravitate.

The arrival of so many students new to the city system will further increase overcrowding, increase class size, strain school facilities and cause the city to hire more teachers.

Though I do not believe that public money should be used for private education purposes, perhaps the New York City Department of Education could offer some assistance in the form of low-cost loans, the sharing of some services like the superior purchasing power of the city or other cost-saving ideas.

Since the city already provides many services to parochial school students like transportation, special education services and home instruction, just to name a few, it would seem that further city assistance would benefit both the parochial and public-school students.

PAUL APFEL
Long Beach, N.Y., Jan. 23, 2013


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Letter: Religious Liberty Law Clinic

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Re "At Stanford, Clinical Training for Defense of Religious Liberty" (news article, Jan. 22): A new clinic at Stanford Law School is enlisting students to oppose restrictions on the free expression of religion, like building mosques or religious expression at work. Yet the Religious Liberty Clinic has amputated religious liberty's meaning, suggesting that protecting free exercise is "the other side" from preventing government establishment, embracing the culture wars' canard that freedom of religion somehow fights freedom from religion in the First Amendment.

Eighteenth-century evangelicals who played a crucial role in religious freedom's development insisted that government interference impaired free exercise, their "free will" offering of belief. Virginia evangelicals warned that even government support "will terminate in who shall preach, when they shall preach, where they shall preach, and what they shall preach."

The clinic should rethink its hobbled understanding. As supporters of the clinic note, religious expression should be "free from government intrusion." This includes government-led prayers and endorsement of religion. A vibrant public square for religious discussion is best promoted by keeping government out.

JOHN RAGOSTA
Clinton, N.Y., Jan. 23, 2013

The writer, an assistant visiting professor of history at Hamilton College, is the author of the forthcoming book "Religious Freedom: Jefferson's Legacy, America's Creed."


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Letter: Drive-By Book ‘Reviews’

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To the Editor:

Re "Swarming a Book Online" (Business Day, Jan. 21): As the recipient of a nasty personal attack disguised as a bona fide review of one of my novels on Amazon, I share Randall Sullivan's frustration and anger at having his book about Michael Jackson trashed unfairly.

There doesn't seem to be any easy answer to this sort of abuse, short of requiring a "reviewer" to reveal his or her name and particular relationship to the book or the author in question.

ANNE BERNAYS
Cambridge, Mass., Jan. 21, 2013


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Opinionator: 'Les Miserables' and Irony

I may have missed it, but I don't recall USA Today devoting a full one and three-quarters pages to a movie, never mind a movie that's been out for some time now. But there in the Life section of the Weekend edition was a lengthy discussion of "Les Misérables," or, more precisely, a discussion of the furiously negative responses the musical epic has evoked from a gaggle of critics who simultaneously trash the film and express an incredulity verging on outrage at fellow moviegoers who don't share their view.

David Denby, writing in The New Yorker, after declaring that the movie is not "just bad," but "dreadful," goes on to report himself "deeply embarrassed because all around me … people were sitting rapt, awed, absolutely silent, only to burst into applause after some of the numbers." What embarrasses Denby is the decline in "the taste of my countrymen" in the face of something that is to him so obviously "overbearing, pretentious, madly repetitive"; and he seconds the judgment of Anthony Lane, also a New Yorker reviewer, who dismisses the film as "inflationary bombast." (Something a bit inflationary about that phrase, perhaps.)

And then there is Matt Walsh, who was dragged to the movie by his wife and found it "a thousand times worse than I could have imagined … [v]apid, shallow, self-indulgent and emotionally manipulative." All that crying, you know.

After reading the full versions of these diatribes and a bunch more, I decided that I just had to go see for myself. So I saw the movie twice, last Friday and Saturday. The first time I liked it, the second time I loved it. Part of the reason for my increased enthusiasm was that I could better understand what the director, Tom Hooper, was up to when he employed two techniques every reviewer comments on: (1) the actors do not lip-sync the songs, but perform them "live" (what is and is not real and authentic is always a difficult question) as the camera rolls, and (2) that camera is literally "in your face"; the close-ups are so close up that, as a viewer, you are almost inside the singer's larynx. As Dana Stevens explains (not in admiration) in Slate, while many movies "cram ideas and themes down our throats," this one may be the first "to do so while also cramming us down the throats of its actors."

The key to what is intended by these technical choices was provided for me by Hooper himself when he remarked in an interview (also printed in USA Today) that while "we live in a postmodern age where a certain amount of irony is expected, [t]his film is made without irony." Irony is a stance of distance that pays a compliment to both its producer and consumer. The ironist knows what other, more naïve, observers do not: that surfaces are deceptive, that the real story is not what presents itself, that conventional pieties are sentimental fictions.

The artist who deploys irony tests the sophistication of his audience and divides it into two parts, those in the know and those who live in a fool's paradise. Irony creates a privileged vantage point from which you can frame and stand aloof from a world you are too savvy to take at face value. Irony is the essence of the critical attitude, of the observer's cool gaze; every reviewer who is not just a bourgeois cheerleader (and no reviewer will admit to being that) is an ironist.

"Les Misérables" defeats irony by not allowing the distance it requires. If you're looking right down the throats of the characters, there is no space between them and you; their perspective is your perspective; their emotions are your emotions; you can't frame what you are literally inside of. Moreover, the effect — and it is an effect even if its intention is to trade effect for immediacy — is enhanced by the fact that the faces you are pushed up against fill the screen; there is no dimension to the side of them or behind them; it is all very big and very flat, without depth. The camera almost never pulls back, and when it does so, it is only for an instant.

By means of these devices, Hooper manages to create on the screen something like what the Color Field painters (Mark Rothko, Helen Frankenthaler, Barnett Newman, Jules Olitski, Kenneth Noland, Morris Louis) were always striving for: "We are for flat forms because they destroy illusion and reveal truth" (Mark Rothko and Adolph Gottlieb, letter to The New York Times, 1943). In Color Field painting, "figure and ground are one, and the space of the picture, conceived as a field, seems to spread out beyond the edges of the canvas." As a result you are not encouraged to engage in higher-order thoughts about what you are viewing; it's all very elemental; it hits you straight on. Rothko declared that "The fact that a lot of people break down and cry when confronted by my pictures shows that I communicated … basic human emotions." Newman echoed the point: "I present no dogma, no system … I work only out of high passion."

Endless high passion and basic human emotions indulged in without respite are what "Les Misérables" offers in its refusal to afford the distance that enables irony. Those who call the movie flat, shallow, sentimental and emotionally manipulative are not wrong; they just fail to see that what appear to them to be bad cinematic choices (in addition to prosaic lyrics that repel aesthetic appreciation, and multiple reprises of simple musical themes) are designed to achieve exactly the result they lament — an almost unbearable proximity to raw, un-ironized experience. They just can't go with it. And why should they? After all, the critic, and especially the critic who perches in high journalistic places, needs to have a space in which he can insert himself and do the explicatory work he offers to a world presumed to be in need of it. "Les Misérables," taken on its own terms, leaves critics with nothing to do except join the rhythms of rapt silence, crying and applause, and it is understandable that they want nothing to do with it.

Understandable but not admirable, if what you desire from criticism is some kind of affirmation. Irony — postmodern or any other — is a brief against affirmation, against the unsophisticated embrace of positive (unqualified) values. No one has seen this more clearly than David Foster Wallace, who complains that irony "serves an exclusively negative function," but is "singularly unuseful when it comes to replace the hypocrisies it debunks" ("E Unibus Pluram," Review of Contemporary Fiction, 1993). Irony, he adds, is "unmeaty"; that is, it has nothing solid inside it and is committed to having nothing inside it. Few artists, Wallace says, "dare to try to talk about ways of redeeming what's wrong, because they'll look sentimental and naïve to all the weary ironists." But perhaps there is hope. "The next real … 'rebels' … might well emerge as some weird bunch of 'antirebels,' born oglers who dare to back away from ironic watching, who have the childish gall actually to endorse single-entendre values. Who treat old untrendy human troubles and emotions with reverence and conviction" ("E Pluribus Unam"). Enter "Les Misérables."


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Letter: Intestinal Infection

Written By Unknown on Senin, 28 Januari 2013 | 13.25

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"When Pills Fail, This, er, Option Provides a Cure" (front page, Jan. 17) provides welcome visibility to the underreported epidemic of Clostridium difficile, or C. difficile, which claimed my mother three years ago.

Estimates from the Department of Health and Human Services indicate that yearly deaths from the disease exceed 28,000, or more than double the 14,000 cited in the article, and rivaling the number of Americans killed every year by guns and traffic accidents.

The Dutch study on the efficacy of fecal transplant treatment provides hope for thousands of people touched by the disease. The article, however, doesn't mention that a major barrier to C. difficile treatment of any kind is a missed diagnosis for its symptoms of diarrhea, cramps and fever.

Erroneous diagnosis for a disease in which consuming antibiotics is often the root of disease and not the cure also contributes to its severity.

For this disease in particular, greater clinical and public awareness can alleviate suffering and save lives.

CHRISTIAN JOHN LILLIS
New York, Jan. 24, 2013

The writer is executive director of the Peggy Lillis Memorial Foundation, an advocacy group devoted to preventing C. difficile infections.


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Letter: One Year of Law School

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Re "Make Law Schools Earn a Third Year," by Daniel B. Rodriguez and Samuel Estreicher (Op-Ed, Jan. 18), about proposed changes to law school that would allow students to take the New York State bar exam after only two years of law school:

This is not a novel concept. I am studying for the New York bar exam after completing only one year of law school. In New York, students can complete only the first year of law school, take the bar and follow it by three years of work (clerkship) in a law firm. This approach is very practical and underused.

Allowing students to take the bar after two years without the work requirement is a good idea, but the one-year plus work requirement is better: it minimizes law school debt while ensuring that students get legal experience working in a law firm, and the bonus is that presumably their jobs will be waiting for them at those law firms after they pass the bar.

This solves both problems in legal education, onerous debt and the lack of practical, real-world experience of new law school graduates.

I do not place the blame squarely on law schools. Potential law students need to take responsibility for taking on debilitating loans as well. More students should take advantage of the work-study rule, as I did.

SARAH HOWLAND
Huntington, N.Y., Jan. 22, 2013


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Letters: The Politics Behind the Guns Debate

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To the Editor:

As a Vietnam veteran, an owner of both a rifle and a pistol, and a not-so-successful sheep hunter, I am one of the millions of Americans with guns as part of our lives. I am also a father. Because I am all of the above I am profoundly thankful that President Obama has challenged us to live within both our rights and responsibilities to save the lives of innocent victims of gun violence.

The horror of Newtown has shocked us into the realization that we must change. The families and friends of the victims of Columbine, Virginia Tech, Tucson and Aurora might ask why did it take so long. I don't know the answer. And we will never know how many lives will be saved if we do act. All we know is the shame we must share if we don't act.

As a former elected official, I have seen the power of people to create change despite the opposition and clout of well-connected and well-financed organizations and lobbyists. So I proudly join all of the veterans, gun owners and hunters who understand and value the rights and responsibilities that come with gun ownership and have the backbone to state their case.

Banning assault weapons, restricting ammunition magazines and requiring background checks on all sales are a start. It will not really change our lives as gun owners, but it may change the life of one innocent child by saving it.

TONY KNOWLES
Anchorage, Jan. 19, 2013

The writer was governor of Alaska from 1994 to 2002.

To the Editor:

Re "Democrats in Senate Confront Doubts at Home on Gun Laws" (front page, Jan. 24):

Some Democrats, especially in rural states, fear repercussions at the voting booth if they support legislation limiting any level of gun control. Those proposed limits include restrictions on assault weapons and large ammunition clips and additional screening of prospective gun buyers.

Senators in states that manufacture weapons also fear negative economic consequences. They are even afraid to explain to their constituents that proposed legislation would not take away Second Amendment rights to own an arsenal of popular weapons.

Perhaps I am completely naïve about politics, but this article did not even mention the possibility that one of our elected representatives might vote his or her conscience on this issue. It seems clear that at least some of our representatives believe that our current lack of gun limitations is unconscionable, but evidently less important than re-election.

The National Rifle Association mocks common sense, ginning up false arguments to appease its base and stay in business. Do our representatives in Washington act any differently?

JOHN VASI
Santa Barbara, Calif., Jan. 24, 2013

To the Editor:

Your article quotes Charlie Houck, a West Virginia banker, as saying, "We give up our rights one piece at a time." Exactly right, sir.

Yesterday morning my wife received a phone call — the local elementary school attended by my two little girls, ages 8 and 6, was locked down. My daughters spent their morning under their desks, terrified; I won't describe my own or my wife's state of mind.

Later in the day dozens of guns were removed from a house across the street from the school by local and federal law enforcement agents. Yes, Mr. Houck, our rights are being taken away, including the right to live, unafraid, in a country that values the lives of children more than it values firearms.

GEORGE OVITT
Albuquerque, Jan. 24, 2013


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Letter: Cupid and the Couch

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To the Editor:

Re "Should Therapists Play Cupid?," by Richard A. Friedman (Sunday Review, Jan. 20):

We therapists play Cupid's adviser all the time. While it is clearly inappropriate to be Cupid, we listen to our patients' experiences about future partners and help them work through what the next best steps are.

Most therapists would agree that we are always a part of the process when patients discuss their dating experiences. Some of us are more a part of them than others, but we should never actually be Cupid.

BETH ROSEN
New York, Jan. 20, 2013


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Room for Debate: Is Divestment an Effective Means of Protest?

  • Bill McKibben

    Turning Colleges' Partners Into Pariahs

    Bill McKibben, Environmentalist

    Divestment won't directly affect stock prices. But companies lose their social license as institutions cut ties to them.

  • Christian Parenti

    A Worthy Goal, but a Suspect Method

    Christian Parenti, Professor of sustainability

    Companies prosper by selling products, not stocks. Divestment provides little, if any, leverage.

  • David IsraelNikko Price

    Change From Within

    David Israel and Nikko Price, student editors

    Organizations seeking to combat climate change or gun violence should enact change through shareholder resolutions.

  • Cecelie Counts

    Just One Weapon in Battle Against Apartheid

    Cecelie Counts, Former apartheid activist

    The campaign came after, and during, a very broad and well engaged struggle on a variety of fronts.

  • Kate Aronoff

    A Powerful Way to Galvanize Protest

    Kate Aronoff, Student organizer

    By building skills and relationships, student activists can push Washington to act and create a mass movement for sustainability.


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    Opinion: The Great Giveback

    Written By Unknown on Minggu, 27 Januari 2013 | 13.25

    The Los Angeles Times, via Associated Press

    This limestone and marble cult statue of a Greek goddess was given to Italy by the J. Paul Getty Museum in 2010 after the museum, responding to litigation in Italy, concluded that it had been looted. Its place of discovery remains unknown. More Photos »

    THE news has become astonishingly routine: a major American museum announces it is relinquishing extraordinary antiquities because a foreign government claims they were looted and has threatened legal action or other sanctions if it doesn't get them back.

    Saint Louis Art Museum

    The funerary mask of Ka-Nefer-Nefer, acquired in 1998 by the Saint Louis Art Museum, is now claimed by Egypt. More Photos »

    In the past two months, the Dallas Museum of Art has transferred ownership of seven ancient artworks, including a pair of Etruscan bronze shields, to Italy and Turkey; the Toledo Museum of Art has handed over to Italy a rare water vessel that had been on display since 1982; and the J. Paul Getty Museum in Los Angeles has announced it will be transferring to Sicily a terra-cotta head believed to depict the Greek god Hades, which it purchased from a New York dealer in 1985 for more than $500,000. Other museums across the country — including the Metropolitan Museum of Art in New York, the Museum of Fine Arts in Boston and the Cleveland Museum of Art — have also given up prized antiquities.

    Since 2006, more than 100 statues, bronzes, vases, mosaics and other works have left public collections in the United States. Among them was the Euphronios krater, depicting a scene from the "Iliad," which awed visitors to the Met for decades, and a rare limestone and marble statue of a Greek goddess, which the Getty purchased for $18 million in 1988.

    In nearly every case, the museums have not been compelled by any legal ruling to give up the art, nor are they receiving compensation for doing so. And while a few of the returned works have been traced to particular sites or matched with other fragments residing in the claimant country, many of them have no known place of origin.

    Museums have heralded these restitution agreements as a way to take a stand against illegal excavation and forge stronger ties with art-rich nations. In September, the University of Pennsylvania Museum of Archaeology and Anthropology agreed to send to Turkey — on "permanent loan" — 24 pieces of ancient gold jewelry that it acquired in 1966 and that may have come from Troy.

    Although Penn officials concede that the jewels' actual place of discovery, or findspot, is unknown, they say the deal has allowed them to secure continued access to the Aegean sites where their archaeologists have worked for decades. (In a similar quid pro quo in 2011, the Turks threatened to suspend the license of the German Archaeological Institute, which has been active in Turkey since Ottoman times. After Germany returned a sphinx Turkey had claimed, that threat was revoked.)

    But giving up objects has done little to halt the international trade in looted antiquities, while rewarding the hardball tactics of foreign governments and impoverishing Americans' access to the ancient world. And while preserving good relations in some cases, these agreements have also spurred a raft of extravagant new claims against museums — backed by menacing legal threats.

    Countries like Italy and Greece have used the news media to embarrass museums with alarming stories of rogue curators and nefarious dealers; they have withheld exhibition loans from museums that rebuff them; and they have resorted to aggressive legal action, opening criminal investigations of museum staff and enlisting the help of American federal prosecutors to obtain museum records and seize disputed works.

    In the process, museums' relationships with foreign governments have become increasingly contingent upon giving in to unreasonable, and sometimes blatantly extortionary, demands. As Stephen Clark, the Getty's current chief counsel, put it, "The Turks have said to me flat out" that they won't loan the museum any art "unless you give up something we want."

    Foreign governments' tactics have become so threatening that some museums are now combing through their permanent collections and pre-emptively giving up works that might become the targets of future claims.

    Museums themselves are partly to blame. For decades, most antiquities available in the international art market that had not come from pre-20th century private collections lacked a known findspot and date of discovery. Museums figured they could collect these objects because they bought them in countries with legal antiquities markets and notified potential claimant governments when they bought them. But since there was no record of the works' archaeological origins, the governments had little basis for making a claim. And when they did — often on hearsay or stylistic grounds — there was rarely sufficient proof for recovery.

    Hugh Eakin is a senior editor at The New York Review of Books.


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    News Analysis: Military Tribunals and International War Crimes

    Luke Sharrett for The New York Times

    Brig. Gen. Mark S. Martins, the chief prosecutor for military commissions, wants to focus on "legally sustainable" charges.

    UNTIL recently, no uniformed lawyer was viewed by the Obama administration with greater favor than Brig. Gen. Mark S. Martins, the scholarly chief prosecutor of the military commissions system who is leading the case against Khalid Shaikh Mohammed and four other Guantánamo Bay detainees accused of aiding the terrorist attacks of Sept. 11, 2001.

    A Rhodes Scholar who graduated first in his class at West Point and earned a Harvard law degree alongside a young Barack Obama, General Martins served for five years in Iraq and Afghanistan, helped review detainee policies for President Obama in 2009, and was handpicked to reboot commissions in the hope that his image and conduct would persuade the world to respect the outcome of the Sept. 11 case — prosecutors are seeking death sentences — as legitimate.

    But next week, when General Martins returns to public view at a pretrial hearing in the Sept. 11 case, he may appear to have gone rogue. He has engaged in an increasingly public dispute with the administration centered on an uncomfortable question he is refusing to drop: is it valid for the United States to use tribunals to charge idiosyncratic American offenses like "conspiracy," even though they are not recognized as war crimes under international law?

    General Martins's standoff with the administration is writing a new chapter in a familiar narrative: since the 2001 terrorist attacks, military lawyers in the Judge Advocate General's Corps have repeatedly clashed with politically appointed lawyers over the laws of war.

    During George W. Bush's administration, uniformed lawyers pushed back against civilian officials over the applicability of the Geneva Conventions in the war on terrorism, torture and protections for defendants in tribunals. Then as now, uniformed lawyers adopted rigid interpretations of the rules of warfare as constraining government policies, while civilian lawyers gravitated toward more flexible (or expedient) understandings.

    The current dispute traces back to an appeals court ruling in October that vacated a tribunal's verdict in 2008 against an Al Qaeda driver because his offense, "material support for terrorism," was not a recognized international war crime at the time of his actions. The judges rejected the Justice Department's argument that the charge was nevertheless valid under an American "common law of war" and because Congress had listed the crime as an offense for the tribunals in a 2006 statute.

    The ruling raised the question of what to do about other cases with the same defect, including the appeal of a convicted Al Qaeda propagandist whose charges included "conspiracy," which is also not an international war crime but was sometimes charged by tribunals in American history, including in cases from World War II and the Civil War.

    General Martins pushed to abandon the propagandist's conviction and scale back the charges that are triable in a military commission, contending that pressing forward with failed arguments would delegitimize the system and cast a distracting cloud over the Sept. 11 case. But Attorney General Eric H. Holder Jr. decided to go forward with defending the propagandist's conviction and the validity of conspiracy as a tribunal charge, and the schism opened.

    General Martins refused to sign the Justice Department brief in the propagandist case and announced he would seek to drop conspiracy from the list of charges in the Sept. 11 case and focus on "legally sustainable" ones, like the classic war crime: attacking civilians. But the Pentagon official who oversees tribunals refused to withdraw the conspiracy charge, citing the Justice Department. General Martins responded that his prosecutors would not argue against a defense motion asking a judge to scuttle it.

    "It really is amazing," said Gary Solis, a retired military judge who teaches wartime law at George Washington and Georgetown Universities. "They brought Martins in to square it away, and everyone on all sides said 'if anyone can do it, it's Martins.' Then when Martins offers his best advice, it's rejected."

    In certain respects, the current dispute is knottier and more abstract than Bush-era fights over the laws of war. But a common concern connects them: reciprocity, or the principle that a military should treat wartime prisoners the same as it wants adversaries to treat its soldiers.

    David Glazier, a retired naval officer who teaches the laws of war at Loyola Law School in Los Angeles, posed the question: if Iran someday shoots down an American pilot, could the Iranian military — citing the administration's position — prosecute and execute him for an idiosyncratic war crime derived from Persian tradition rather than international law?

    "What we are seeing is that it's easy for civilian members of the government, who are in power for a comparatively short time, to get tunnel vision on a particular case or situation," he said. "But how the United States handles these cases is going to influence how other countries in future wars treat captured Americans."

    There are complications. Few expect a terrorist group to obey the laws of war regardless of the example the United States sets. The administration's arguments have focused on litigation strategy as much as principle. Some civilian officials backed General Martins, while some military lawyers disagreed with him.

    And shortening the list of charges for tribunals could mean that fewer Guantánamo detainees get trials rather than indefinite detention. A 2009 review deemed about three dozen detainees eligible for prosecution, but only about a third of them were linked to specific attacks, officials have said.

    Other triable detainees might be charged with conspiracy with Al Qaeda under domestic law, but Congress has forbidden prosecuting them in civilian courts. Against that backdrop, Eugene R. Fidell, who teaches military law at Yale Law School, argued that the drama may be less about individuals than it is about institutions struggling to make the system work despite impediments.

    "It's tempting to view this as about General Martins, but it's not," he said. "Decisions about prosecuting detainees have become about what is feasible as opposed to what is rational. The constraints imposed by Congress are forcing officials into contorted positions which are particularly uncomfortable for military lawyers, who don't want to get near the 'third rail' of destroying reciprocity."

    Charlie Savage is a security reporter for The New York Times.


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    Opinion: Our Talking, Walking Objects

    A Day in the Near Future: Soon, responsive robots and products will help us wake up, perform at work and make us dinner. Carla Diana and the artist Katie Turner give us a glimpse of a typical day in our near future.

    MEETING Simon for the first time was one of the most sublime experiences I've had. With every coy head nod, casual hand wave and deep eye gaze, I felt he already knew me.

    Simon is a humanoid robot being developed at the Georgia Institute of Technology for the purposes of exploring intuitive ways for people and machines to live and work alongside one another. I had designed the robot's shell — its outward appearance — so I knew exactly what to expect, but interacting with it as a programmed and somewhat sentient creature surprised me in ways I hadn't expected.

    Simon understood spoken sentences and used social skills to respond appropriately. If it didn't understand a certain request, it raised its arms in an apparent plea for forgiveness or tilted its head to express confusion. Its ears lit up when it recognized a color, and it spoke back to me when I was finished talking.

    Simon, a research effort and not meant to be sold, is part of a growing collection of social robots that can essentially see, hear, feel and react through humanlike sound and movement. Our future may not match our sci-fi fantasies of androids with limbs, torsos and expressive faces meandering around our rooms to pick up clothes and mix cocktails, but robots are entering our homes in subtle ways, through countertop appliances, hand-held tools and wearable gadgets that display specialized and isolated robotic behaviors.

    YOUR coffee maker or camera may already have some of these elements, responding automatically to shut themselves off or follow a sequence of timed commands (wait 30 seconds, take a picture; at 6 a.m. start brewing, etc.) and the next generation of products will be only more sophisticated in this regard.

    Whereas designers typically use form, color and materials to make an object express some human element (a drill handle may have a pattern that looks aggressive, a toaster might have knobs and dials that seem friendly), we're entering a time when sound, light and movement are equally important parts of the creative palette. Everyday objects whose expressive elements have long been static will now glow, sing, vibrate and change position at the drop of a hat.

    The behaviors of these future robotic objects may be utilitarian, like a lamp that bends to follow the items you reposition on a desk, or they may provide feedback, like a fork that vibrates when you're eating too fast. They won't require you to press a sequence of buttons to make things happen, but they will work alongside you in unobtrusive ways, responding to caresses, waves or verbal commands. Some might just sit back and observe you to understand what you need.

    A robotic cutting board might guide you while you cook and offer helpful tips when your knife skills aren't up to par. Many products will be connected to the Internet, with access to what's happening in the larger world. A raincoat might glow or whistle when it knows you'll need it on your commute. Many webcams used for video conferencing already raise their heads to let you know when someone is ready on the other side of a conversation and soon during a chat they will mimic your body's movements to help express your point to a friend across the globe. A medicine bottle might open its lid to offer you a precise dose or automatically call your pharmacist when it's empty.

    Washing machines will text or call you when your laundry is done. Robotic appliances will become ever more energy-conscious — many automated thermostats already adjust themselves appropriately, combining knowledge of their users' patterns with information about how to conserve energy.

    As products become smarter, their behaviors will mean they essentially have continuing conversations with us, whether they include verbal exchanges or not. Just like we read subtle cues from our pets (we see a dog's ears and believe that he feels sad, guilty or excited), we'll read emotion from our products, perceiving nuances of dialogue and a sense that the object is "alive." For example, colored lights on a robotic vacuum cleaner will tell us what's going on inside: green, slow pulsing indicates "All systems go!"; rapid red flashing pleads "Help! Something is amiss here." A jubilant melody at the end of a washing machine cycle says, "Everything went well and your clothes are ready!" When a video conferencing webcam in an office lowers its head, it's saying: "Bye! Going to sleep now." These animated behaviors blend together and it's human nature to read them as emanating from a living entity.

    Carla Diana is a product designer and creative consultant focused on bringing objects to life electronically.


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    Opinion: The Tijuana Connection, a Template for Growth

    Robert Benson for The New York Times

    Two workers solder wires together at a 3D Robotics factory in Tijuana, Mexico.

    Robert Benson for The New York Times

    Oseas Orocio displays a flying vehicle at Udrones, a 3D Robotics factory in Tijuana, Mexico.

    IN November I quit my job as the editor of Wired to run 3D Robotics, the San Diego-based drone company I started with a partner as a side project three years ago. We make autopilot technology and small aircraft — both planes and multirotor copters — that can fly by themselves. The drones, which sell for a few hundred bucks, are for civilians: they don't shoot anything but photographs and videos. And they're incredibly fun to build (which we do with the ample help of robots). It wasn't a hard decision to give up publishing for this.

    But my company, like many manufacturers, is faced with a familiar challenge: its main competitors are Chinese companies that have the dual advantages of cheap labor and top-notch engineering. So, naturally, when we were raising a round of investment financing last year, venture capitalists demanded a plausible explanation for how our little start-up could beat its Chinese rivals. The answer was as much a surprise to the investors as it had been to me a few years earlier: Mexico. In particular, Tijuana.

    Like many Americans, until recently, when I heard "Tijuana" I thought only of drug cartels and cheap tequila. "TJ," though, is a city of more than two million people (larger than neighboring San Diego), and it has become North America's electronics assembly hot spot: most of the flat-screen TVs sold in the United States, from companies like Samsung and Sony, are made there, along with everything from medical devices to aerospace parts. Jordi Muñoz, the smart young guy who had taught me about drones and then started 3D Robotics with me, is from TJ — and he persuaded me to build a second factory there to supplement the work we were doing in San Diego.

    Shuttling between the two factories — in San Diego, where we engineer our drones, and in TJ, where we assemble them — I'm reminded of a similar experience I had a decade earlier. In the late 1990s and early 2000s, I lived in Hong Kong (working for The Economist) and saw how that city was paired with the "special economic zone" of Shenzhen across the border on the Chinese mainland in Guangdong Province. Together, the two created a world-beating manufacturing hub: business, design and finance in Hong Kong, manufacturing in Shenzhen. The clear division of labor between the two became a model for modern China.

    Today, what Shenzhen is to Hong Kong, Tijuana is becoming to San Diego. You can drive from our San Diego engineering center to our Tijuana factory in 20 minutes, no passport required. (A passport is needed to come back, but there are fast-track lanes for business people.) Some of our employees commute across the border each day; good doctors are cheaper and easier to find in TJ, as are private schools, although it's generally nicer to live in San Diego. In some ways, the border feels more like the notional borders of the European Union than a divide between the developed and developing worlds.

    And it's not just TJ. To the east, in Juárez, Dell computers are built by Foxconn, the company that manufactures more than 40 percent of the world's electronics (including Apple's iPhone and iPad). To the south, in Querétaro, a factory builds the transmissions that General Motors installs in its Corvettes. The design of General Electric's GEnx turbine jet engine and the production of interior elements of Boeing's 787 Dreamliner also happen in Mexico. Manufactured goods are the country's chief export, with private investment in this sector among the highest in the world.

    The notion that Mexico offers only cheap labor is just plain off the mark. Mexico graduates some 115,000 engineering students per year — roughly three times as many as the U.S. on a per-capita basis. One result is that some machine specialists are typically easier to find in TJ than in many big American cities. So, for that matter, are accountants experienced in production economics and other highly skilled workers.

    What all these pieces add up to is a model — one that might hold the long-sought answer for how American manufacturers can compete with those in China, India and the next generation of economic powerhouses. That's because the TJ template isn't so much about outsourcing as it is quicksourcing. And that's also the way to create thousands of good jobs in the United States.

    As any entrepreneur can tell you, the shorter and more nimble a supply chain is, the better.

    First, a shorter supply chain means that a company can make things when it wants to, instead of solely when it has to. Strange as it may seem, many small manufacturers don't have that option. When we started 3D, we produced everything in China and needed to order in units of thousands to get good pricing. That meant that we had to write big checks to make big batches of goods — money we wouldn't see again until all those products sold, sometimes a year or more later. Now that we carry out our production locally, we're able to make only what we need that week.

    Chris Anderson is the former editor of Wired and the author of "Makers: The New Industrial Revolution."


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    Opinionator | The Great Divide: The Rise of the Permanent Temp Economy

    Politicians across the political spectrum herald "job creation," but frightfully few of them talk about what kinds of jobs are being created. Yet this clearly matters: According to the Census Bureau, one-third of adults who live in poverty are working but do not earn enough to support themselves and their families.

    A quarter of jobs in America pay below the federal poverty line for a family of four ($23,050). Not only are many jobs low-wage, they are also temporary and insecure. Over the last three years, the temp industry added more jobs in the United States than any other, according to the American Staffing Association, the trade group representing temp recruitment agencies, outsourcing specialists and the like.

    Low-wage, temporary jobs have become so widespread that they threaten to become the norm. But for some reason this isn't causing a scandal. At least in the business press, we are more likely to hear plaudits for "lean and mean" companies than angst about the changing nature of work for ordinary Americans.

    How did we arrive at this state of affairs? Many argue that it was the inevitable result of macroeconomic forces — globalization, deindustrialization and technological change — beyond our political control. Yet employers had (and have) choices. Rather than squeezing workers, they could have invested in workers and boosted product quality, taking what economists call the high road toward more advanced manufacturing and skilled service work. But this hasn't happened. Instead, American employers have generally taken the low road: lowering wages and cutting benefits, converting permanent employees into part-time and contingent workers, busting unions and subcontracting and outsourcing jobs. They have done so, in part, because of the extraordinary evangelizing of the temp industry, which rose from humble origins to become a global behemoth.

    The story begins in the years after World War II, when a handful of temp agencies were started, largely in the Midwest. In 1947, William Russell Kelly founded Russell Kelly Office Service (later known as Kelly Girl Services) in Detroit, with three employees, 12 customers and $848 in sales. A year later, two lawyers, Aaron Scheinfeld and Elmer Winter, founded a similarly small outfit, Manpower Inc., in Milwaukee. At the time, the future of these fledgling agencies was no foregone conclusion. Unions were at the peak of their power, and the protections that they had fought so hard to achieve — workers' compensation, pensions, health benefits and more — had been adopted by union and nonunion employers alike.

    But temp leaders were creating a new category of work (and workers) that would be exempt from such protections.

    The temp agencies' Kelly Girl strategy was clever (and successful) because it exploited the era's cultural ambivalence about white, middle-class women working outside the home.

    To avoid union opposition, they developed a clever strategy, casting temp work as "women's work," and advertising thousands of images of young, white, middle-class women doing a variety of short-term office jobs. The Kelly Girls, Manpower's White Glove Girls, Western Girl's Cowgirls, the American Girls of American Girl Services and numerous other such "girls" appeared in the pages of Newsweek, Business Week, U.S. News & World Report, Good Housekeeping, Fortune, The New York Times and The Chicago Daily Tribune. In 1961 alone, Manpower spent $1 million to put its White Glove Girls in the Sunday issue of big city newspapers across the country.

    The strategy was an extraordinary success. Not only did the Kelly Girls become cultural icons, but the temp agencies grew and grew. By 1957, Kelly reported nearly $7 million in sales; in 1962, with 148 branches and $24 million in sales, it went public. Meanwhile, by 1956 Manpower had 91 branches in 65 cities (and 10 abroad) and, with sales at $12 million annually, employed some 4,000 workers a day. In 1962, Manpower also went public, boasting 270 offices across four continents and over $40 million in sales.

    The temp agencies' Kelly Girl strategy was clever (and successful) because it exploited the era's cultural ambivalence about white, middle-class women working outside the home. Instead of seeking to replace "breadwinning" union jobs with low-wage temp work, temp agencies went the culturally safer route: selling temp work for housewives who were (allegedly) only working for pin money. As a Kelly executive told The New York Times in 1958, "The typical Kelly Girl… doesn't want full-time work, but she's bored with strictly keeping house. Or maybe she just wants to take a job until she pays for a davenport or a new fur coat."

    Protected by the era's gender biases, early temp leaders thus established a new sector of low-wage, unreliable work right under the noses of powerful labor unions. While greater numbers of employers in the postwar era offered family-supporting wages and health insurance, the rapidly expanding temp agencies established a different precedent by explicitly refusing to do so. That precedent held for more than half a century: even today "temp" jobs are beyond the reach of many workplace protections, not only health benefits but also unemployment insurance, anti-discrimination laws and union-organizing rights.

    By 1967 Manpower employed more workers than corporate giants like Standard Oil of New Jersey and the U.S. Steel Corporation. Manpower and the other temp agencies had gained a foothold, and temporary employment was widely considered a legitimate part of the economy. Now eyeing a bigger prize — expansion beyond pink-collar work — temp industry leaders dropped their "Kelly Girl" image and began to argue that all employees, not just secretaries, should be replaced by temps. And rather than simply selling temps, they sold a bigger product: a lean and mean approach to business that considered workers to be burdensome costs that should be minimized.

    For example, in 1971 the recently renamed Kelly Services ran a series of ads in The Office, a human resources journal, promoting the "Never-Never Girl," who, the company claimed: "Never takes a vacation or holiday. Never asks for a raise. Never costs you a dime for slack time. (When the workload drops, you drop her.) Never has a cold, slipped disc or loose tooth. (Not on your time anyway!) Never costs you for unemployment taxes and Social Security payments. (None of the paperwork, either!) Never costs you for fringe benefits. (They add up to 30% of every payroll dollar.) Never fails to please. (If your Kelly Girl employee doesn't work out, you don't pay.)"

    Around the same time, the New York agency Olsten Temporary Help Services announced a new product: "The Semi-Permanent Employee." Comparing its innovation to the wireless, the phonograph and the telephone, company leaders presented the "Semi-Permanent" as "a new kind of temporary employee…not for days or even weeks, but for two- and three-month periods to help your business grow more profitably." This new "invention," Olsten told businesses, would boost profits by shrinking the payroll (to "a slim, trim personnel budget, not one which chokes profitability"); by smoothing over the ebb and flow of the business cycle ("you needn't carry 'dead wood' for months when business is slow"); and by cutting training costs (employers would get "trained personnel without having to engage in expensive and unprofitable retraining").

    By peddling products like the "Semi-Permanent Employee," the "Never-Never Girl" and more, temp industry leaders promoted a model in which permanent employees were a "costly burden," a "headache" that needed relief. "Stop paying help you don't use," Western Services advised in 1969. It even urged employers to convert their own permanent employees to temps, as in a 1971 advertisement in The Personnel Journal: "Just say goodbye… then shift them to our payroll and say hello again!"

    According to the temp industry, workers were just another capital investment; only the product of the labor had any value. The workers themselves were expendable.

    Paradoxically, this model ran counter to the conventional management wisdom of the day. The same year that the "Never-Never Girl" appeared in the pages of national business journals, one of the best-selling management books was "Up the Organization: How to Stop the Organization From Stifling People and Strangling Profits," in which the former Avis Rent-a-Car president Robert Townsend argued for treating workers as valuable assets rather than headaches to be squelched. The "human relations" school of management touted employee satisfaction as the best route to boosting profits.

    But temp industry leaders continued to encourage companies to "rent" workers rather than "buy" them. And perhaps even more persuasive than their arguments were the practical tools they were able to offer: thousands of low-cost temps, without the hassle of having to hire, train, supervise and fire them. Becoming lean and mean had never been easier, and thousands of companies began to go the temping route, especially during the deep economic recessions of the 1970s. Temporary employment skyrocketed from 185,000 temps a day to over 400,000 in 1980 — the same number employed each year in 1963. Nor did the numbers slow when good times returned: even through the economic boom of the '90s, temporary employment grew rapidly, from less than 1 million workers a day to nearly 3 million by 2000.

    The temp industry's continued growth even in a boom economy was a testament to its success in helping to forge a new cultural consensus about work and workers. Its model of expendable labor became so entrenched, in fact, that it became "common sense," leaching into nearly every sector of the economy and allowing the newly renamed "staffing industry" to become sought-after experts on employment and work force development. Outsourcing, insourcing, offshoring and many other hallmarks of the global economy (including the use of "adjuncts" in academia, my own corner of the world) owe no small debt to the ideas developed by the temp industry in the last half-century.

    A growing number of people call for bringing outsourced jobs back to America. But if they return as shoddy, poverty-wage jobs — jobs designed for "Never-Never Girls" rather than valued employees — we won't be better off for having them. If we want good jobs rather than just any jobs, we need to figure out how to preserve what is useful and innovative about temporary employment while jettisoning the anti-worker ideology that has come to accompany it.



    Erin Hatton, an assistant professor of sociology at the State University of New York, Buffalo, is the author of "The Temp Economy: From Kelly Girls to Permatemps in Postwar America."


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