Tag: deserves

  • KEF deserves a boost | Wonkhe

    KEF deserves a boost | Wonkhe

    The Knowledge Exchange Framework (KEF) is excellent in all kinds of ways.

    It eschews the competitiveness of league tables. It provides a multi-faceted look at everything that is going on in the world of knowledge exchange. And it is nuanced in comparing similar kinds of institutions.

    KEF is not overly bureaucratic and it is helpful for universities in understanding where they might improve their knowledge exchange work.

    It is a shame then that the release of the KEF dashboard is not as big a day for the sector as something like REF or even TEF.

    Keep on KEFing on

    The KEF is the friend that would help you move house even if it isn’t the first one you would call for a gossip. It is nice, it is helpful, it is realistic on what is and isn’t working. In the very kindest way possible it is straightforward.

    The problem is that the nuance of the KEF doesn’t make for sensational coverage. There isn’t an up and down narrative, there aren’t really winners and losers, and of course there is no funding attached. It is a mirror to the world of knowledge exchange that simply shows what is going on.

    And if you dig deep enough the stories are good. Queen Mary University of London is doing a superb job at IP and commercialisation as well as public and community engagement all the while generating £760m of GVA. Birmingham Newman University is playing a significant role in local growth and regeneration through partnerships, placements, collaborations and consultancy. While the University of Plymouth has one of the most complete radar diagrams with a distinct focus on its maritime work.

    Every single event about how the sector promotes its value discusses the need for universities to have a better story about their places, economic impact, and the tangible impact they make on people’s lives. The KEF is a single source of hundreds of such stories, but somehow it is not cutting through.

    Perhaps, one of the reasons is because the consequences of doing badly (whatever badly means in the context of KEF) is very little. It is not the public shaming tool of the TEF, it is not the funding mechanism of REF, and it doesn’t attract very much media attention. It could have been so different. As Jo Johnson, then Science Minister, said at the launch of KEF

    Our ambition is that the new KEF will become an important public indicator of how good a job universities are doing at discharging their third mission, just as the REF rewards excellence in research and the TEF rewards excellence in teaching and student outcomes.

    The KEF does not reward anything, but it could (yes – its constituent parts are linked to HEIF but that isn’t quite the same thing.)

    My favourite gains

    Another model of funding distribution is possible. One of the major concerns about the REF is that it is becoming too complex. REF measures inputs and outputs, it looks at impact but not in the same way as KEF, and there is also the ongoing debate about People, Culture, and Environment, as a measure of research excellence.

    To make the REF more manageable and make the KEF more meaningful perhaps it is time to add funding consequences to KEF and just shift the pressure a little bit. Previously, I have made the argument that one way of doing this would be to rationalise all of the funding mechanisms that bump into KEF:

    As a starting point it would be sensible to rationalise HEIF allocations and KEF measurements. Without getting into the weeds at this stage a joint data set would likely draw from an enhanced HE-BCI survey, Innovate UK income, research income, journal data, and non-credit bearing course data from the Office for Students. The most straightforward way would be either to dispense with HEIF entirely and allocate the whole pot to KEF with a strengthened self-assessment element, like in REF, or use KEF as the sole basis for HEIF allocations. This would avoid both double counting funds and reduce administrative burden.

    Given the government agenda around universities and economic contribution now might be the time to consider going further.

    One measure could be to allocate a proper funding formula to KEF. In keeping with the spirit of KEF each university would still be organised into a cluster, ensuring like for like is being compared, and funding would be allocated on a formula basis depending on their contribution to each of the seven areas. Each area would not have to receive the same level of funding. Instead, the government could vary it from time to time depending on national priorities or alternatively universities could (in advance) make a pitch for their own growth priorities ensuring they devote energy to and are rewarded for where their strengths lie. This would also help with greater specialisation.

    Simultaneously, the government could add in a more dynamic competition element that is tied to funding. For example, given the state of the economy it might make sense to provide greater reward for the institutions contributing to local growth and innovation. This then becomes a whole new kind of funding route with funding to support the things universities are good at and a gentle nudge toward the things government wish them to do.

    Something changed

    The trade-offs, and the arguments, would of course be significant. In a world of fiscal constraint one of the trade-offs would be reducing funding allocated through REF or through grants in order to fund KEF.

    Reducing funding through REF may help to reduce some pressure on it but it isn’t clear that reducing the pot for exploratory research would be a net economic good in the long-term. Reducing grant funding would mean simply trading off one lever to direct research activity for another.

    Simultaneously, adding in funding allocations to KEF would undoubtedly make it into a more high-pressure exercise which would then attract costs as universities looked to maximise their returns. The exercise would need to be carefully managed to, as far as possible, rely on public data and limited returns.

    Nonetheless, it seems to be a wasted opportunity to have an exercise which is primed for measuring engagements between universities and wider society and economy, at precisely the time there seems to be a consensus this is a good idea, but with few levers to enhance this work. The benefit of looking at a funding allocation toward KEF could be a greater spread of providers rewarded for their work, greater focus on growth and social contribution, and greater attention on the work universities do alongside research and teaching.

    The road to a new kind of KEF is long. However, if the debate about REF has taught us anything, it’s that trying to change a single exercise is exceptionally hard. If the current arrangements feel tired, and reform feels piecemeal, perhaps now is the time to look at the whole ecosystem and look at a system which prizes universities third mission as much as their other work.

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  • No president gets to decide who deserves a lawyer

    No president gets to decide who deserves a lawyer

    “The first thing we do, let’s chill all the lawyers.” 

    The original line from Shakespeare’s “Henry VI, Part 2” is often wheeled out to take a swipe at the legal profession. But in the play, it’s uttered by a violent rebel intent on dismantling civil society. Supreme Court Justice John Paul Stevens interpreted it as a warning: “Shakespeare insightfully realized that disposing of lawyers is a step in the direction of a totalitarian form of government.”

    Lawyers make easy targets. But freedom and protection of individual rights depend on their efforts to uphold the rule of law, check government overreach, and defend the unpopular. If you’re being prosecuted, suing the government for violating your rights, or challenging an unconstitutional law, you need a lawyer. And you shouldn’t have to worry about whether intimidation from the federal government will prevent you from getting one. 

    That’s why President Trump’s ongoing retaliation against law firms for representing clients or causes he opposes should concern all Americans, regardless of their political beliefs. It not only violates the First Amendment but also undermines access to vigorous legal representation, especially for anyone up against those in power.

    This moment is bigger than one firm or one case. It’s about preserving the integrity of our legal system and the fundamental principles it upholds.

    What did these firms do to draw the president’s ire? Here’s a sample from his executive orders targeting them:

    • Perkins Coie represented “failed Presidential candidate Hillary Clinton,” hired a company that produced “false” opposition research on Trump’s campaign, and “worked with activist donors” to challenge voter ID laws in court.
    • A Paul, Weiss partner brought a lawsuit against protesters at the Capitol on January 6.
    • Jenner & Block conducted pro bono work challenging Trump’s executive orders restricting immigration and withholding federal funding for medical institutions that perform gender transition procedures for minors.
    • WilmerHale pursued pro bono litigation related to immigration, voting, and race-based college admissions policies. 

    The executive orders Trump issued in response to these actions are transparent about his intention to crack down on the firms as a result of their First Amendment-protected activities. 

    The orders slap the firms with a range of sanctions — revoking security clearances, canceling government contracts, and denying access to federal buildings and employees when such access would, among other things, “be inconsistent with the interests of the United States” (whatever that means). 

    For firms representing clients who advocate before, contract with, or are in disputes with the federal government, these sanctions are a gut punch, cutting off access and/or critical information they need to effectively do their jobs.

    Not only that, the orders direct federal agencies to require federal contractors to disclose any business they have with the blacklisted firms, pressuring anyone who has (or might in the future have) business with the government to dissociate from those firms. 

    You don’t need to feel sympathy for large law firms — or support the clients or causes they represent — to see the danger in a president abusing his authority to bend the legal system to his will. Trump isn’t just punishing these firms — he’s chilling legitimate advocacy and eroding the core principle that everyone has a right to legal representation. That’s bad news for the rule of law and protection of individual rights.

    Lawyers are not their clients, and they don’t have to adopt their clients’ views to zealously advocate for them. But Trump’s reprisals are making lawyers think twice about representing anyone who challenges him or the policies he supports.

    It’s also far from clear this crackdown will stop with big firms. Could small and/or public interest firms be next?

    Some may note the administration has also accused the targeted firms of violating employment discrimination laws. But there are established legal processes for fairly and transparently investigating and adjudicating those allegations. The president doesn’t get to decide by fiat that a company or person broke the law and impose whatever penalties he wants. That’s a flagrant violation of due process. And the administration’s concerns about civil rights violations don’t erase its primary stated reason for punishing the firms — their advocacy and potential viewpoints.

    FIRE and coalition partners file brief rebuking the U.S. government for attempting to deport Mahmoud Khalil for his protected speech

    Press Release

    Khalil’s arrest is an affront to the First Amendment and the cherished American principle that the government may not punish people based on their opinions.


    Read More

    Even if you share the president’s dim view of Big Law, consider that his actions set a dangerous precedent that will outlast his administration. A future president might not share Trump’s view of what constitutes “destructive causes” or what activities “limit constitutional freedoms, degrade the quality of American elections, or undermine bedrock American principles.” In the future, perhaps lawyers who represented Republican politicians, challenged mail-in voting procedures, or defended abortion restrictions will face retribution instead.

    Trump’s plan to cow firms into submission is paying off — in part. Multiple firms have made deals with the administration to avoid sanctions. Paul, Weiss was the first to cave, making commitments that included $40 million in pro bono legal services for causes the president supports. Other firms are preemptively falling in line. Skadden and Willkie Farr each pledged $100 million for the same.

    Two days ago, Milbank followed suit. In response, Trump posted on Truth Social, “The President continues to build an unrivaled network of Lawyers, who will put a stop to Partisan Lawfare in America, and restore Liberty and Justice FOR ALL.” He’s not just trying to stop firms from doing work he doesn’t like — he’s pressuring them to do work that advances his political agenda.

    Fortunately, not every firm is willing to be shaken down. Perkins Coie, Jenner & Block, and WilmerHale are challenging Trump’s unconstitutional executive orders in court, and have all secured temporary restraining orders blocking enforcement of the executive orders. 

    Yesterday, FIRE joined a broad coalition led by the ACLU to file an amicus curiae — “friend of the court” — brief supporting Perkins Coie’s lawsuit. 

    Our brief explains that the First Amendment prohibits the government from retaliating against lawyers for the clients they represent or the arguments they make. What’s more, the administration’s actions strike directly at the independence of the legal profession and threaten to unravel America’s deeply rooted commitment to individual rights. 

    As we said in our brief, “If allowed to stand, these pressure tactics will have broad and lasting impacts on Americans’ ability to retain legal counsel in important matters, to arrange their business and personal affairs as they like, and to speak their minds.” 

    Today, the chorus grew louder as more than 500 law firms signed onto a separate amicus brief in support of Perkins Coie’s legal battle. That type of collective defense of America’s core values is exactly what’s needed.

    This moment is bigger than one firm or one case. It’s about preserving the integrity of our legal system and the fundamental principles it upholds.

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