1

This is what law school does to you…

Posted by T. Greg Doucette on Mar 17, 2010 in The 1L Life

[Quick note: The traffic spikes continue. For the month of March we were averaging ~900 pageviews a day here at law:/dev/null; the average for the past 24 hours has been 2,500+ from ~1,600 unique IP addresses. In case you’re one of those new folks, (1) hi! :D and (2) you’re probably looking for Monday’s entry about those crazy folks over at the Pope Center for Higher Education Policy. Enjoy. -TDot]

Apparently today is St. Patrick’s Day.1

Something I normally remember every year, but quite literally didn’t notice until the middle of Property II around 12pm this afternoon. I blame the insane reading schedule following Spring Break…

Thankfully I had a smidge of green on my shirt so I didn’t get pinched ;)

Happy St. Patrick’s Day everybody! :D At least the last 2 hours of it :)

  1. Sorry I don’t have anything more exciting for you, I’m working on a 15-page legal research project that’s still unfinished and due tomorrow :beatup: []

 
4

Plain English FTL

Posted by T. Greg Doucette on Mar 16, 2010 in The 1L Life

[Quick note:  Our traffic here at law:/dev/null/ has gone through the roof over the past 24 hours, which I presume comes from folks looking for yesterday’s entry responding to the error-filled fantasyland occupied by two writers of the Pope Center for Higher Education Policy. If you’re looking for that entry, head to this post instead. -TDot]

For those of you who kept up with my entries covering the 2010 ACC tournament, the N.C. State Wolfpack is playing in the NIT right now against the University of South Florida — meaning not much time for writing an entry :oops:

But I promised yesterday I’d have something law-related though, so I’m going to experiment… with my first video entry!1 :D

This brief missive is on the linguistic complexity of state statutes, and an alternative that might work just as well.

If it takes more than 10 minutes to explain a statute to a room of aspiring lawyers, it’s probably hard for regular citizens to digest too. At least law students aren’t well-versed enough in the law yet to make them so @#$%ing complicated ;)

Here’s the text of the statute I’m talking about — look at §1-15(c):

§ 1‑15.  Statute runs from accrual of action.

(a) Civil actions can only be commenced within the periods  prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitation is prescribed by statute.

(b) Repealed by Session Laws 1979, c. 654, s. 3.

(c) Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the  person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action. 

Ridiculous.

Have a great night everybody! :D

  1. Pardon the shaking, I recorded it with my MacBook Pro on my lap so it moves when I talk :beatup: []

Tags: ,

 
1

Crazy, or just lazy? You be the judge (or, “Erroneous trash masquerading as punditry”)

Posted by T. Greg Doucette on Mar 15, 2010 in Student Government

My apologies in advance to the new readers here at law:/dev/null. This is a long post and has nothing to do with my 1L tenure at NCCU Law. Regular law school postings will resume tomorrow :D

—===—

==============================
I. INTRO
==============================

When I got elected President of the UNC Association of Student Governments back in April 2008, winning by a 1-vote margin after a 3.5 hour debate, it turned out I was the first conservative Republican elected to the presidency in at least a decade.1

I wasn’t surprised by the discovery, but it did make me a bit skittish considering the Association had been known for bitter political divisions in the years immediately preceding my election. For a group representing 215,000+ students from 17 institutions — including 5 historically black universities,2 1 historically native american,3 1 historically female,4 a fine arts conservatory,5 a residential high school,6 and a number of other universities across the state ranging geographically from the mountains7 to the coast8 in both urban9 and not-so-urban10 areas — trying to forge consensus is a tall order even in the best of circumstances.

And back then wasn’t “the best of circumstances.”

So when the other ~80 student leaders in the Association worked with me to put together one of the most successful years in the group’s 38-year history, I took it as a point of personal pride.

We had folks from all 17 institutions regularly attending for the first time in history. We set records for attendance. We restructured the group to focus on areas where it could have a tangible impact, and actually did have a tangible impact in the areas we focused on.

There was occasional drama throughout the year of course, but it was often over easily-addressed issues of transparency (the more the better) and accountability (perform or get fired). The political divisiveness was largely absent — folks were mature enough to accept that they have different political opinions, and that those different opinions have approximately -0- relevance to whether people can work together on higher education issues.

That success was reflected in my reelection: instead of 3.5 hours and a 1-vote margin, the vote was unanimous after about 20 minutes :)

You can probably imagine my amusement then, when — after successfully unifying seven-dozen college students from across the political spectrum — I found my reputation trashed by so-called “adults” for being either too conservative or too liberal depending on the issue.  It’s even more mystifying when those attacks are apparently manufactured out of whole cloth, completely and totally refuted by the very sources of information cited to create them.

One of those hit pieces came out last week during Spring Break, from the John William Pope Center for Higher Education Policy. In their Commentaries piece “Other People’s Money,” Pope Center authors Jay Schalin and Jenna Ashley Robinson go out of their way to condemn the Association of Student Governments and do their best to run my own reputation through the mud for good measure.

When I first read the full piece yesterday, I had no intention of responding in writing to the Pope Center itself — and I still don’t. The column has multiple factual errors that could have easily been corrected with a 2-minute phone call to me, several of the quotes cited/paraphrased are deliberately stripped of context, and the qualitative conclusions it makes demonstrate the yoga-like rhetorical skills of the authors by condemning in the opening paragraphs what it embraces in the closing.

Writers have to make a deliberate effort to twist facts that much, and that typically translates into having no interest at all whatsoever in any honest dialogue.

But for better or worse we live in the age of Google, and I’ve already had politically-minded folks asking for explanations. So rather than repeat the same “This is wrong. This is wrong. That is wrong. That part right there? Wrong. Here? Wrong too.” over and over again, I figured I’d offer a line-by-line dissection with links to supporting documentation.

So are Jay Schalin and Jenna Ashley Robinson crazy? Or are they just lazy? You be the judge…

—===—

==============================
II. BACKGROUND MATERIAL: DOCUMENTS
==============================

I’m a big fan of the Fox News “We Report. You Decide.” model of debate, so in dissecting any editorial it’s necessary to have all of the objective facts first. Reasonable people can disagree on the conclusions drawn from those facts, but if those same people are arguing from two different sets of facts then they end up talking past each other.

Fortunately, my undergraduate degree was in Computer Science — meaning over the past 2 years UNCASG has generated a boatload of documentation on its operations ;)

Here are some items you may want to either review online, print out, or just have ready at your fingertips:

1) Pope Center commentary “Other People’s Money” (03/07/2010): [HTML] | [PDF]

2) Pieces cited by the Pope Center —

  1. UNCASG’s Tuition Petition event listing on Facebook:  [HTML]
  2. Durham Herald-Sun article “UNC panel OKs tuition increases systemwide” (02/11/2010):  [HTML]
  3. Carolina Review article “Waste, Bureaucracy, …and the ASG” (September 2009, pages 8-9):  [HTML]
  4. Daily Tar Heel article on tuition (October 2008):  [This DTH piece is conspicuously absent from their online archives, but I recall the story — if I can get my hands on a PDF copy I’ll upload it, but for now you’ll have to check the physical archives in Chapel Hill]
  5. Facebook correspondence between myself and Jenna Ashley Robinson (02/08/2010):   [PDF]

3) Pieces cited by me —

  1. UNC Board of Governors policy on the Association of Student Governments (10/11/2002): [HTML]
  2. 2010-2011 Proposed Tuition Rates presented to the Board of Governors (02/01/2010): [PDF]
  3. Pope Center commentary “The High Cost of Low Tuition” (12/10/2007): [HTML]
  4. UNCASG Resolution 29 on tuition and fees (01/30/2010): [PDF]
  5. UNCASG Finance Bill 14, amending the budget for FY2009-2010 (09/26/2009): [PDF]
  6. Pope Center piece “Myths of the Ivory Tower” (03/10/2010): [HTML]
  7. Facebook note by me re “pornstar healthcare” (03/09/2009): [HTML] | [PDF]
  8. Facebook note by me re “pornstar healthcare” update (07/08/2009): [HTML] | [PDF]
  9. N.C. State Technician column “Could Higher Tuition Actually Be a Better Deal? (Part I)” (09/12/2005): [HTML]
  10. N.C. State Technician column “Higher Tuition a Better Deal? (Part II)” (10/03/2005): [HTML]
  11. Raleigh News & Observer letter “Look elsewhere, UNC” (07/28/2006): [HTML]
  12. N.C. State Student Senate Resolution 26, “Tuition Certainty Act” (03/14/2007): [HTML]
  13. “The Clock is Ticking…” campaign platform (04/19/2008): [PDF]
  14. UNCASG Resolution 18 on tuition and fee increases (10/25/2008): [PDF]
  15. UNCASG Resolution 23 on tuition and fee increases (01/24/2009): [PDF]
  16. Federal estimate of median income for a 4-member family (03/13/2009): [HTML]
  17. “Four families” charts from UNC General Administration (01/26/2010): [PDF]
  18. Facebook note on the Daily Tar Heel and UNCASG (09/04/2009): [HTML] | [PDF]
  19. Facebook note on tuition stand-in media coverage (02/09/2008): [HTML] | [PDF]

—===—

==============================
III. SECTION-BY-SECTION ANALYSIS
==============================

Enough background, let’s get on with the analysis.

People who have worked with me at NC State, NCCU Law, UNCASG and out in the “real world” will tell you I’m usually a pretty good sport when it comes to folks disagreeing with me about a political issue. I appreciate being challenged because it forces me to reexamine my arguments and make them stronger.

I’m not as forgiving for people who intentionally make arguments in bad faith, particularly when they cite factually wrong data for support.

But again, I’ll let you be the judge. Below are blockquotes from the Pope Center piece (directly copy/pasted with no editing by me) with my notes underneath.

***

Snippet #1:

Understandably, the UNC Association for Student Governments (ASG) is also battling the legislature’s tuition plan. The student organization, which purports to represent UNC students in general, has circulated a petition with over 20,000 signatures that decries the legislature’s plan as a “backdoor tax increase on students and their families to balance the state’s budget.”

There’s no “purports” to it — the Association is the student organization “designated to represent the interests of students in the deliberations of the University of North Carolina Board of Governors.” See the very first section of the Board’s policy on the Association (Item 3(a) above).

How effectively UNCASG fills that role is certainly a topic for debate. I’m confident I’ve executed my minor role in the group well over the past two years, though I’ve also readily accepted criticisms that I haven’t.

But let’s not pretend like the Association’s claim to represent students’ interests is a false one. It’s a bit like claiming the U.S. Congress “purports to represent taxpayers” — it does represent taxpayers, regardless of whether you personally like Congress or any of its actions.

The quote cited is a copy/paste from UNCASG’s Facebook event listing for the Tuition Petition (Item 2(a) above).

***

Snippet #2:

However, the ASG is oddly in favor of the universities’ proposal to raise tuitions nearly as much-—even though it also hurts “students and their families.”

The “nearly as much” weasel words should be a giveaway that this particular statement makes no logical sense, but just for the sake of argument I’ll pose a question to you:

Let’s say you’re a student at a random UNC institution like, for example, UNC Charlotte. The state legislature has already decreed that you’re going to pay $200 more (~8%) in tuition starting Fall 2010. Would you be in favor of an alternative proposal to only pay $103 (~4%)?

See Item 3(b) for rates at other universities.

Now yes, it’s true that 4% is “nearly as much” as 8%. And if you’re above a certain income threshold I’m sure it’s also true that $100 is “nearly as much” as $200.

But I’m having a hard time seeing how favoring a plan to pay half as much as the N.C. General Assembly has already decreed is “odd.”

The argument seems particularly disingenuous coming from an organization that has opposed low tuition rates (see Item 3(c) for an example), but I digress…

***

Snippet #3:

In a recent Durham Herald-Sun article, ASG president Greg Doucette declared that “all the students are on board” with the tuition hike—-obviously overstated rhetoric. In November of 2009, students at UNC-Chapel Hill protested when the trustees voted to raise tuition by 5.2 percent.

The weasel words in this snippet? “In a recent Durham Herald-Sun article.” Go take a minute to read that particular article; it’s Item 2(b) above.

Notice anything unusual?

That’s right, it’s an article on what was said at the UNC Board of Governors meeting. The very meeting that Jay Schalin attended right before he asked me questions about the petition afterwards (we’ll get to that in Snippet #10).

So why quote the newspaper article instead of his first-hand experience?

You see when I made the statement “all the students” were on board with the increase, I was referring to the members of the Association — the same people who unanimously adopted a resolution on the tuition/fee increase proposals (see Item 3(d)), two dozen of whom were present at the BOG meeting and were asked to stand and be recognized.11

That should have been obvious considering my presence at the podium was by virtue of the committee chairman recognizing me to give UNCASG’s position on tuition/fees.

Folks who were present at the meeting (like Jay Schalin) know that’s who I was referencing, but it’s not clear in the writing of the Herald-Sun news article. So rather than quote from his personal experience and then get exposed as a fraud, Schalin instead chooses to reiterate a context-free quote in another publication so he can claim he’s still accurate.

Now no one’s ever accused me of being a genius, but if I know there’s going to be differences of opinion among the 80ish students in UNCASG (see the 2nd paragraph of this post) I’m pretty sure I know there’s going to be differences of opinion among the 215,000+ students UNCASG represents ;)

Hopefully you’re willing to believe me on that :)

***

Snippet #4:

And some students are not happy about paying for others’ educations. N.C. State student Quinten Farmer emailed the Pope Center to say he was adamantly against “the plan to use 50% of the tuition increase only to benefit students on need-based grants.” He said “this policy hurts thousands of students who don’t qualify for financial aid, but are still struggling to pay for college themselves.”

This is the same rhetorical device as the Herald-Sun snippet #3 above.

I have no doubt Mr. Farmer said the policy “hurts thousands of students who don’t qualify for aid” — but is there any actual empirical evidence that it actually does so?

On that, the Pope Center piece is conspicuously silent.

Mr. Farmer’s presumably self-initiated correspondence also begs the same question I posed to you in Snippet #2. Is he aware that he’s already slated to pay $200 in the General Assembly’s budget enacted last August, of which $0 will go to his University? Which “hurts thousands of students” more — paying 8% with $0 going to the University, or paying 6.5% where the University keeps the funds raised?

***

Snippet #5:

Indeed, there are indications that the ASG does not serve as an independent advocate for students, but instead is functioning like an arm of the administration (perhaps due to administrative pressure). In this case, the ASG appears to be “astroturfing,” in which the petition provides fake grass-roots support for the administration’s plan.

The weasel words here are “indications” and “appears.”

Go take a look at my responses to Jenna Ashley Robinson’s questions for this piece, where she specifically asks about whether I’ve talked with UNC General Administration (it’s Item 2(e) in Section II).

Not only do I point out to her that the campaign was “entirely student-conceived, student-created, and student-run” — I also point out that “there hasn’t been any collaboration or detailed discussion with” University administrators, and even provide a detailed history on the entire project’s genesis! :beatup:

When I notified UNC General Administration of our plans in mid-December, I got 2 responses. The first was “We recommend that you hold off”; the second was “With all due respect, your plan is not going to be helpful in getting what is most important to NC resident students, i.e., an alternative plan in place.”

With responses like those, does it “appear” to you like UNCASG is “functioning like an arm of the administration”?

I don’t know where those administrators’ opinions stood two months and 20,000 signatures later given the total lack of coordination between ASG and UNC General Administration, but deploying a project opposed by them doesn’t seem all that collusive to me…

***

Snippet #6:

The petition does not reveal what the administration’s plans are, only that “the money raised through higher tuition rates should go back to the students through higher University funding.” The omission of the administration’s intent certainly suggests the appearance of a deliberate attempt to mislead.

By this point in the post you can hopefully figure out who’s doing the “deliberate attempt to mislead” — but I digress…

This particular snippet prompts me to ask 2 questions:

1) Where would it go?

The quote was pulled from the Facebook event listing for the Tuition Petition, but go to the downloads page for the campaign and download the petition for any campus.

Where exactly would you put the language regarding the Administration’s plans? Bear in mind the proposal voted on by the Board of Governors was 13 pages long (Item 3(b)).

Had we put something in the petitions to that effect, no doubt the Pope Center would condemn us for unduly summarizing the plans.

2) Would it even matter?

I’ll again reiterate the same question from Snippet #2. Which would you choose?

==> Pay $200, with 0.00% going to your University

==> Instead pay $X < $200, with 100.00% of $X going to your University

This is a binary decision; the $200 increase is already in place, enacted in the August 2009 budget bill. Barring an effort from UNCASG, the Board of Governors and UNC General Administration to convince the Legislature to change it, students will be paying those rates in August 2010.

I might be wrong here, but I suspect the University could propose spending the money on hookers & blow and students would still prefer the cheaper University plan to the more-expensive General Assembly plan ;)

***

Snippet #7:

Also, ASG members receive considerable stipends—-some as high as $4,000-—from the administration for their service. This almost automatically creates a conflict of interest for the members.

Weasel words here: “from the administration” and “almost.”

It’s true, I receive a $7,000 stipend for my service as UNCASG President. The organization’s budget is a public record that’s been available online throughout the session (see Item 3(e) in Section II above, line item 2101).

I’m not sure how “considerable” I’d consider it, considering I had to give up a $19,000 internship working for the N.C. General Assembly to take the position.12 But I digress…

The broader point is that the stipend comes from studentsnot the administration. UNCASG’s budget is in the form of a $1/student fee, a fee that I’ve had to pay myself along with thousands of others in the University.

I can’t speak for anyone else in the Association, but the fact I’m paid by other students’ money makes me more cognizant of my obligation to do a good job, not less. It’s the entire reason why I’ve gone out of my way to solicit student feedback, promote absolute transparency in UNCASG, and be a good steward of the students’ trust.

In other words, there’s no conflict of interest at all — hence why it’s only “almost” a conflict.

On an unrelated side note, the University administration is actually forbidden by policy from “assert[ing] control” over the Association (see §4 of Item 3(a) listed in Section II above). Surely someone like Jay Schalin, who notes in another Pope Center piece that he’s been a “paid observer of academia” for three years (see Item 3(f)), should know that by now.

***

Snippet #8:

Plus, there is the possibility that general administration officials have pressured Doucette for support. Doucette himself told the Carolina Review, a student publication, that “Bowles cussed me out” when there was a difference of opinions about student health care policies (referring to university system president Erskine Bowles).

Weasel words here? “Possibility.”

Schalin and Robinson here are quoting the September 2009 edition of the UNC Chapel Hill’s Carolina Review, a conservative/Republican publication known as much for its factual errors and limited readership as any incisive analysis.

See Item 2(c) in Section II above to read the piece yourself.

I stand by my comments in that particular column, which related to the UNC system’s decision to implement mandatory hard-waiver health insurance for all students system-wide. University President Erskine Bowles did have some choice words to share with me relating to ASG’s position on the proposal…

…but that was exactly my intent :crack:

Students didn’t like the health insurance plans, and I felt like the student opinion wasn’t being listened to adequately. So I labeled the proposal “pornstar healthcare” and wrote a widely-circulated note blasting the plan. See Item 3(g) in Section II above.

My Facebook note was sufficiently flamboyant that it got the attention of several folks, even someone at Fox News who wanted to pitch the issue for a segment on Hannity (I declined). It also resulted in more questions being asked than UNCGA could answer at the time, delaying implementation of the program by an entire year.

Frankly I’d have been surprised if I didn’t get chewed out given the note’s contents. But the bigger point is that I didn’t care — I’d gladly take a verbal beating in exchange for getting what my organization wanted on behalf of its constituents, which was a year-long delay and several tweaks to the program.

That’s exactly what we got, as you can read in Item 3(h) of Section II above.

Knowing the context of this particular situation, coupled with the administration’s comments regarding the tuition petition noted in Snippet #5, should sufficiently expose as shamelessly false the idea that I care one iota about “pressure” from “general administration officials.”

You regular readers here at law:/dev/null know I’m a formerly homeless college dropout who not only fought his way through a bachelor’s degree but is now excelling at law school. I’ve worked for a former prison warden when I was an Assistant Clerk of Superior Court in Wake County. I’m training to become a United States Marine. I work for 215,000+ of the finest scholars in the country.

Someone using salty language towards me because they dislike a policy choice I made falls pretty low on the totem pole of things I care about in life…

***

Snippet #9:

When Doucette took over the ASG presidency in the fall of 2008, he initially opposed tuition raises. The main newspaper on the Chapel Hill campus, The Daily Tar Heel, quoted him in October of 2008 as saying, “I hate seeing tuition increases anytime,” and “I think it [increasing tuition] runs a great risk of pushing people out of the university.” At that time, Bowles reproached the ASG for coming out against tuition increases before the chancellors made their own recommendations. “I don’t think that’s the way business should be done,” he chided the student group, according to the Daily Tar Heel.

There are no weasel words here — the “analysis” is just plain wrong :roll:

The particular DTH news story is missing from their online archives, but I have no doubt I made that particular comment and I continue to stand by it. Raising tuition impedes access and I hate seeing increases. In my perfect world, those increases wouldn’t happen.

But I also know rising costs are an inevitability of life, and because of that I didn’t “oppose tuition raises” when I took over the ASG presidency. The Pope Center is basically playing make-believe to suit their interests.

Don’t take my word for it though, I’ve got plenty of documentation to reiterate the point:

  • Two separate editorials I wrote in the N.C. State Technician back in September and October 2005, the first (see Item 3(i)) noting that higher tuition wasn’t inherently bad, and the second (see Item 3(j)) suggesting the Student Government advocate for “fee caps” and “aggregate increase limits” — the very policy the UNC Board of Governors adopted two years later in 2007 (that I purportedly opposed).
  • A letter I wrote to the editor of the Raleigh News & Observer in July 2006, advocating a policy that “[gives] universities more political cover to raise their tuition rates, but… also protects students and their families” (see Item 3(k))
  • A resolution I wrote in November 2006, adopted by the N.C. State Student Senate, calling on the University to adopt that very same type of policy (see Item 3(l))

All 4 of those items were written long before I ever became Student Senate President at N.C. State, and even longer before I ever considered running for ASG President in March 2008.

But just to clarify the point for anyone who thinks I might have changed my mind at some point between then and the ASG Presidency, I’ll offer the following:

  • Media coverage from a “stand-in” I led at the February 2008 UNC Board of Governors meeting supporting limited tuition increases. A meeting attended by… Jay Schalin (see Item 3(s))
  • My April 2008 campaign platform for ASG President, where I advocated for the same thing (see Item 3(m) page 11)
  • Two separate UNCASG resolutions on tuition and fee increases, the first in October 2008 and the second in January 2009 (see Item 3(n) and Item 3(o)). You might notice Item 3(o) bears a striking resemblance to Item 3(d) — that’s because the resolution text is largely the same, since the political opinions of most rational people don’t suddenly change in a year’s time.

If there’s one trait I’ve had on tuition and fees over the last 5 years, it’s consistency. Both Jay Schalin and Jenna Ashley Robinson should have easily seen any of these within even 10 seconds of actual research — Robinson in particular, since most of these items are linked off my Facebook profile that she used to contact me about the piece.

But just in case, I even made the effort to note my philosophy on tuition and fees in my ensuing correspondence with Robinson via that Facebook profile. Go back to Item 2(e) and read the last section of my response.

And yet they somehow got it completely, totally, and irrefutably… wrong :crack:

***

Snippet #10:

And this year, Doucette has a completely different attitude. After the recent BOG meeting, he dismissed students who do not qualify for aid as “rich” and said they “can get loans” if they can’t afford the tuition.

The commentary from this snippet presumably came from an impromptu interview with Jay Schalin at the February meeting of the Board of Governors, when he approached me after the Budget & Finance Committee adjourned.

We just covered in Snippet #9 that the Pope Center completely fabricated my “different” attitude from whole cloth, despite half a decade of digital evidence to the contrary. So I think I can safely skip dissecting the first sentence.

Two points on the sentence following it:

1) The median income for a family of 4 in North Carolina is ~$64,591 according to statistics published by the U.S. Department of Health & Human Services annually in the Federal Register (see Item 3(p)). Financial aid breakdowns provided by UNC General Administration show that even families making $90,000 receive significant grant aid (see Item 3(q)).

Folks, that means if you’re at the point where you don’t qualify for any financial aid then you or your parents are pulling in six figures or more — and are substantially above the median income for a typical 4-person family.

To me that qualifies as “rich,” particularly for folks attending college who come from college-educated families. And my (admittedly unscientific) suspicion is that the overwhelming majority of the taxpaying public would agree.

2) Regardless of the above point, all students — rich, poor and in between — should be willing to get loans if they want an education and can’t pay tuition. My education was funded largely through loans because earning a degree was important to me. An education is an investment in yourself, and it makes sense that you personally should bear a significant chunk of the cost in the form of a loan you’ll need to repay.

I made the same point in my correspondence to Jenna Ashley Robinson (see the end section of Item 2(e)).

Now I may not be widely supported in that belief, but it seems comically asinine for a purportedly conservative organization like the Pope Center to chastise me for believing in personal responsibility…

***

Snippet #11:

Criticism of the ASG’s allegiance is neither new nor limited to one side of the political spectrum. Both of UNC-Chapel Hill’s major student publications, the liberal Daily Tar Heel and the conservative Carolina Review, have called for an end to the mandatory funding of the ASG for its failure to represent student interests.

Two points here:

1) Calling the low-circulating, error-filled, poorly-edited, monthly-published Carolina Review a “major student publication” is laughably ridiculous on its own. That goes double when the sentence indicates it’s 1 of only 2 such “major” entities on the UNC Chapel Hill campus, with the other being the widely-circulated, sufficiently-accurate-for-use-by-most-of-Orange-County, professionally-edited, daily student newspaper.

2) Jay Schalin and Jenna Ashley Robinson also conveniently fail to put a time horizon on the Daily Tar Heel’s criticisms or note any of its changes in opinion over time. Fortunately I did that work for them months ago so you don’t have to — take a look at Item 3(r) in Section II.

***

Snippet #12:

Several former UNC-Chapel Hill student body presidents have refused to attend ASG meetings and have called it “inefficient” and “unscrupulous.”

Another convenient absence of a time horizon. Let’s review:

===> The current 2009-10 Student Body President, Jasmin Jones, has not only regularly attended UNCASG meetings but also came up with the entire Tuition Petition idea (see the first section of Item 2(e))

===> The 2008-09 SBP, J.J. Raynor, attended as well (see Item 3(r) again)

===> The 2007-08 SBP, Eve Carson, attended as well (since that’s how I met her)

So at least since April 2007 when I became a part of the Association in my role as N.C. State’s Student Senate President, every Student Body President of UNC Chapel Hill has attended ASG meetings. I know because I’ve seen and talked to them in person — as have a number of other delegates.

Now I can’t speak for any Student Body Presidents going back more than 3-4 years, but really if you have to reach back that far to criticize an organization it should be a clue that your criticism is probably unfounded ;)

One last point of interest: the UNCCH 2010-11 SBP-elect, Hogan Medlin, has already asked for info so he can plan to attend UNCASG meetings. By contrast one of his 5 opponents, Nash Keune — the editor of the Carolina Review who included a “withdraw from ASG” plank in his platform — came in a distant 4th place in the campus’s election last month with a whopping 12% of the vote.

***

Snippet #13:

The legislature and UNC system also need to go back to the drawing board. There are countless alternatives better than either existing proposal. For instance, tuition increases could be limited to the amount needed to maintain academic quality, helping out the tuition-paying students. Or the legislature could take it easy on the people who really foot the bill, the taxpayers who provide some of the nation’s most generous higher education subsidies. In this scenario, UNC schools could raise tuitions and keep the money, but only if their state funding was cut by the amount of revenue produced.

This is where the yoga-like flexibility of the authors’ rhetorical skills go on full display, and those of us with even a vague semblance of logical thought processes get left in the lurch.

Read those last 2 sentences. Then re-read them again. Now go read the opening section of the Pope Center piece (Item 1). Then come back and re-re-read those last 2 sentences.

Notice anything?

Yes folks: the very Pope Center piece that spent the past 1,400ish words (i) condemning what UNCASG dubbed a “backdoor tax increase”, then (ii) condemning UNCASG itself, wraps up with… (iii) an endorsement of the very same backdoor tax increase it condemned 1,400ish words earlier.

You see, a scenario where universities “raise tuitions and keep the money, but only if their state funding was cut by the amount of revenue produced” is EXACTLY WHAT IT IS NOW IN THE STATE BUDGET.

Existing state appropriations are reduced by the exact same amount that tuition rates go up. In other words, the state is raising tuition and keeping the money.

I don’t really have any analysis I can offer here. I couldn’t make this stuff up if I tried… :crack:

—===—

==============================
IV. CONCLUSION
==============================

I used to be a big fan of the Pope Center, and their sister think tank the John Locke Foundation. QuietStorm worked at JLF for quite awhile, as have a number of other friends and an Economics professor I had at N.C. State.

But now having experienced first-hand how aggressively some of its personnel will either (1) twist or (2) invent “facts” to support an argument — even if it means writing a piece that is self-contradictory in the process — I can’t really take any of their commentary with anything less than a warehouse-sized volume of salt.

Fortunately for the Pope Center, I’m not a contributor so they lose nothing from my distaste. They even get to keep the moral high ground since I’m a net debtor to society given my ample student loans and relatively inexpensive law school tuition. They’ll probably even get some more hits on their website from the folks who happen to swing by law:/dev/null, and may even garner a contributor or two out of the bunch.

Even so, I expect better from folks who complain of the very same tactics purportedly employed by academicians in the ivory tower.

The sanctimony is amusing, to be sure. But whether it’s the result of laziness or mental instability I’ll leave up to you.

—===—

Sorry again for the rant. Have a great night folks! :)

  1. And it may very well be longer than that — the Association’s records are limited before 1998-99. []
  2. ECSU, FSU, NCAT, NCCU and WSSU []
  3. UNCP []
  4. UNCG []
  5. UNCSA []
  6. NCSSM []
  7. ASU, UNCA and WCU []
  8. ECSU and UNCW []
  9. NCSU and UNCC []
  10. UNCCH, UNCP and WCU []
  11. Including, among many other attendees, the Student Body Presidents from East Carolina, Fayetteville State, NC State, UNC Asheville, UNC Chapel Hill, UNC Wilmington, and Western Carolina — the top student leaders on their respective campuses, representing a combined 55% of the 215,000+ students in the University. []
  12. North Carolina’s state constitution forbids serving in both the legislative branch and the executive branch of government at the same time, so when I became an ex officio member of the executive UNC Board of Governors I had to give up my legislative day job. []

Tags: , , , , , , , , ,

 
-

ACCT 2010: Duke wins it all; NCSU to NIT!!

Posted by T. Greg Doucette on Mar 14, 2010 in Wolfpack Athletics

The Las Vegas odds-makers had it right — even in an ACC tournament where 6 of the first 8 games were upsets, the #1 seed Blue Devils of Duke University won the whole thing over the Georgia Tech Yellow Jackets. This gives Duke their 18th ACC championship, which I’m pretty sure is the most of any ACC school.

Congratulations to the Blue Devils on the achievement :)

The big news for lovers of N.C. State athletics came a couple hours ago though, with the Wolfpack securing an NIT bid against the University of South Florida!  For all the talk of NIT being a “second tier” tournament, for a NCSU team projected to have no post-season at all whatsoever just a week ago I’m pretty doggone satisfied that I’ll get to watch them in another game this Tuesday1) :D

Have to head to bed, Spring Break is now officially over and I’ve got CivPro at 9am :( It’s hard to believe in just a few weeks I’ll officially be a 2L…

Good night everybody! :D

  1. Especially if they can avoid repeating bad habits ; []

Tags: ,

 
-

ACCT 2010: Wolfpack falls to GT in semis :(

Posted by T. Greg Doucette on Mar 13, 2010 in Wolfpack Athletics

N.C. State’s unexpected run in the 2010 ACC tournament came to an unfortunate end tonight, losing to the Georgia Tech Yellow Jackets in 3-point heartbreaker :(

The game was plagued by truly horrible officiating and botched calls for/against both teams. But the Wolfpack lost largely from falling back into old habits — scoring droughts, bad judgment calls, missed free throws.

They played one hell of a game though, fighting back from a 10+ halftime deficit to take a 1-point lead with a few minutes remaining. I was yelling long+loud enough with 雅雅 that by the time we left I was genuinely worried I was having a heart attack :beatup:

On the upside, for a 4-day tournament I got to watch my team for 3 days of it — 2 more than anyone was expecting. Much :heart: to the team for the entertainment :)

Heading to bed, then driving back to Greensboro for the final game tomorrow. Have a good night folks!

Tags: , ,

 
-

ACCT 2010: Wolfpack wins Game 8!!

Posted by T. Greg Doucette on Mar 12, 2010 in Wolfpack Athletics

Alternate title for this entry:  “This is what ACC basketball is all about!”

By 58-52, the N.C. State Wolfpack upends the Florida State Seminoles

Continuing my string of totally non-law-related entries begun yesterday, the #11 seed N.C. State Wolfpack scored an upset victory over #3 seed Florida State by six points tonight, in the quarterfinals of the 2010 ACC tournament. The victory was particularly sweet given the self-righteous arrogance of several FSU folks I crossed paths with at the game :angel:

Not saying every Seminole is a bad Seminole — at least one of my classmates here at NCCU Law is an FSU alum and he’s perfectly chill —  but those folks were a less-than-optimal reflection of the University.

On top of N.C. State’s upset win, 2 of the other 4 games were upsets as well #12 seed Miami taking out #4 seed Virginia Tech and #7 seed Georgia Tech scoring a big win over #2 seed Maryland.  We’ll be facing the Yellow Jackets tomorrow in the semi-finals :D

That means out of the 8 games played so far in the tournament, 6 of them (75%) have been upset victories.

It also means history will be made tomorrow by somebody: only 2 ACC teams in history have made it through 3 straight games to go from the prelims to the finals (NCSU in 1987 and NCSU in 2007), and with both GT and NCSU playing last night whichever team advances will become the 3rd.

That’s all for now, long drive home to Durham then I’m off to bed :)

Tags: ,

 
-

ACCT 2010: Wolfpack wins Game 4! :D

Posted by T. Greg Doucette on Mar 11, 2010 in Wolfpack Athletics

I seem to be doing this with increasing frequency this semester, but posts here at law:/dev/null will be almost totally non-substantive for at least the next 48 hours folks.  Currently attending my first-ever ACC tournament in Greensboro NC, so I’m making the most of it going to every game even if I don’t like either of the teams playing :beatup:

But on the bright side for teams I do like playing, my #11 seed alma mater just knocked off the #6 seeded kittehs of Clemson in the preliminary round :D

About to drive home to Durham, sleep for a bit, then head back tomorrow afternoon for a quartet of games. If you’re in a charitable mood, prayers and well wishes for NCSU’s continued basketball success would be appreciated ;)

Tags: ,

 
5

Batteries… included?

Posted by T. Greg Doucette on Mar 10, 2010 in Randomness

Hey everybody!  Sorry for the absence last night, I was actually up until 2am playing video games for the first time since law school started.  I finally broke down and bought a Nintendo Wii then spent hours learning how to use the thing :beatup:

They even named a movie because of it...

My heart almost went into cardiac arrest when I paid for everything, but I rationalized spending money I probably shouldn’t be spending by (1) remembering I’ve wanted one since they came out 4 years ago and (2) telling myself it will be one more piece of my regimen to get in shape ;)

After the initial “oh, this is cool!”1, I spent an inordinate amount of time working up a sweat between Swordplay and Boxing :D

And then after putting everything away to finally go to bed, I noticed I didn’t need any batteries — the Wii actually came with a pair in the box! So did the extra WiiMote I got in case I ever had a competitor stop by.

When did companies start including batteries with their products? :surprised:

Don’t get me wrong, I greatly appreciate the gesture. I actually wondered back when I was a kid why a toy manufacturer would make you go through the extra hassle of buying batteries on the side.

But my childish curiosity aside, it was standard practice that batteries weren’t included — begetting untold number of late night punchlines and other references.

Until some time between then and now.

Anyone out there able to pinpoint when included batteries became the norm?  Inquiring minds (ok really just me) want to know :beatup:

  1. Followed by the initial “My @#$%ing hand is @#$%ing shaking too @#$%ing much to control this @#$%ing thing precisely enough to @#$%ing enter my @#$%ing network password!!! :mad:” []

 
4

Irony

Posted by T. Greg Doucette on Mar 8, 2010 in Fail

i•ro•nyn., a state of affairs or an event that seems deliberately contrary to what one expects:  After successfully preserving his health during midterms, TDot noted the irony in abruptly falling ill at the start of Spring Break.

:(

 
2

TDot’s Treats #2: QuietStorm’s Beef Tips & Rice

Posted by T. Greg Doucette on Mar 7, 2010 in TDot's Treats

If necessity is the mother of invention, exam time is the father of cheap+simple meals that provide plenty of leftovers so you can spend less time cooking and more time studying ;)

Now that midterms are over and Spring Break lies ahead — complete with temperatures in the upper-60s! — here’s a not-so-quick but simple recipe for your own exam-induced munchies :D

—===—

TDot’s Treats #2: QuietStorm’s Beef Tips & Rice
Difficulty:  1 of 5 (very easy)

I borrowed this recipe from QuietStorm about 5-6 years ago but never actually got a slow cooker until last month. This was/is the first thing I’ve cooked in it, and makes for a hearty meal around midterms and a good 3 meals’ worth of leftovers.

***

Ingredients:

  • 1 pound of beef tips / stewing meat
  • 1 can of cream of mushroom soup, ~11 oz
  • 2 packs of dry onion soup mix, ~1 oz each
  • 1.5 cups of water
  • A smidge of cooking oil (for braising)
  • ~2ish more cups of water (for braising)

***

Culinary Notes:
This recipe is on the (very) salty side, so if you’ve got high blood pressure or related health ailments I’d recommend grabbing a low-sodium version of both the onion soup and the cream of mushroom soup.  You can also add more water to the mix without it diluting the taste much.

Also be careful when you’re braising the beef tips — I burned off a couple layers of my right ring finger the last time I made this :beatup:

***

Directions:
Beef tips are a tough meat, so the first thing you’ll want to do is braise them up a bit to make sure you can chew them after they’ve been cooking for 8 hours ;)

Put a smidge of cooking grease in a sauce pan and heat to medium-high heat.  If you want to add any seasoning to your beef tips, now’s the time to do it.

Toss the beef tips in the pan (beware splattering grease!) to sear them; this’ll also lock in the flavor if you’ve added custom seasoning. After searing them for a few minutes add in enough water to cover the beef tips, put a lid on the pan, and let them stew for about 25ish minutes over medium heat. This braising process helps break down the collagen in the beef tips and makes them easier to chew once they’re done cooking.

When you’re done, drain the water/oil from the pan and pour the braised tips into your CrockPot or other slow cooker of choice.

Empty the mushroom soup on top of the beef tips. Empty both packets of onion soup mix on top of that. Then pour in the 1.5 cups of water over the mixture.

Put a lid on the everything and set your slow cooker to Low heat.

Let the whole mix cook for about 8 hours. You’ll want to stir it after about 4 hours, again at 6 hours, and again just before you eat it to make sure everything gets mixed up well.

Make some rice on the side, pour the beef tip mix on top, and you’re done! :)

***

Total Preparation Time: ~30 minutes
Total Cooking Time: ~8 hours

Serving Size: ~4 servings

Recommended Side Items: salad, cornbread

—===—

Hope y’all enjoy :) Have a great night folks! :D

Past TDot’s Treats entries:

Tags: ,

Copyright © 2019 law:/dev/null All rights reserved. Theme by Laptop Geek.
Find TDot on Twitter or on Google+.