Tag: review

  • A proper review of student maintenance is now long overdue

    A proper review of student maintenance is now long overdue

    Elsewhere on the site, Esther Stimpson, Dave Phoenix and Tony Moss explain an obvious injustice.

    Universal Credit (UC) reduces by 55p for every £1 earned as income – unless you’re one of the few students entitled to UC, where instead it is reduced by £1 for every £1 you are loaned for maintenance.

    To be fair, when Universal Credit was introduced, the income disregards in the old systems that recognised that students spend out on books, equipment and travel were rolled into a single figure of £110 a month.

    Taper rates were introduced to prevent “benefit traps” where increasing earnings led to disproportionately high reductions in support – and have gone from 65p initially, then to 67p, and now to 55p.

    But for students, there’s never been a taper rate – and that £110 for the costs of books, equipment and travel hasn’t been uprated in over 13 years. Lifelong learning my eye.

    The olden days

    The student finance system in England is full of these problems – probably the most vexing of which is the parental earnings threshold over which the system expects parents to top up to the maximum.

    It’s been set at £25,000 since 2008 – despite significant growth in nominal earnings across the economy since then. IFS says that if the threshold had been uprated since 2008, it would now be around £36,500 (46 per cent higher) in 2023/24.

    That explains how John Denham came to estimate that a third of English domiciled students would get the maximum maintenance package back in 2007. We’re now down to about 1 in 5.

    Add in the fact that the maximums available have failed to increase by inflation – especially during the post-pandemic cost of living spikes – and there’s now a huge problem.

    It’s a particular issue for what politics used to call a “squeezed middle” – the parents of students whose families would have been earning £25,000 in 2007 now have £4,000 more a year to find in today’s money.

    And thanks to the increases in the minimum wage, the problem is set to grow again – when the Student Loans Company comes to assess the income of a single parent family in full time (40 hours) work, given that’s over the £25,000 threshold, it will soon calculate that even that family has to make a parental contribution to the loan too.

    It’s not even as if the means test actually works, either.

    Principles

    How much should students get? Over twenty years ago now, the higher education minister charged by Tony Blair with getting “top-up fees” through Parliament established two policy principles on maintenance.

    The first was Charles Clarke’s aspiration to move to a position where the maintenance loan was no-longer means tested, and made available in full to all full-time undergraduates – so that students would be treated as financially independent from the age of 18.

    That was never achieved – unless you count its revival and subsequent implementation in the Diamond review in Wales some twelve years later.

    Having just received results from the Student Income and Expenditure Survey (SIES) the previous December, Clarke’s second big announcement was that from September 2006, maintenance loans would be raised to the median level of students’ basic living costs –

    The principle of the decision will ensure that students have enough money to meet their basic living costs while studying.

    If we look at the last DfE-commissioned Student Income and Expenditure Survey – run in 2021 for the first time in eight years – median living and participation costs for full-time students were £15,561, so would be £18,888 today if we used CPI as a measure.

    The maximum maintenance loan today is £10,227.

    The third policy principle that tends to emerge from student finance reviews – in Scotland, Wales and even in the Augar review of Post-18 review of education and funding – is that the value of student financial support should be linked somehow to the minimum wage.

    Augar argued that students ought to expect to combine earning with learning – suggesting that full-time students should expect to be unable to work for 37.5 hours a week during term time, and should therefore be loaned the difference (albeit with a parental contribution on a means test and assuming that PT work is possible for all students on all courses, which it plainly isn’t).

    As of September, the National Living Wage at 37.5 hours a week x 30 weeks will be £13,376 – some £2,832 more than most students will be able to borrow, and more even than students in London will be able to borrow.

    And because the Treasury centrally manages the outlay and subsidies for student loans in the devolved nations for overall “equivalence” on costs, both Scotland and Wales have now had to abandon their minimum wage anchors too.

    Diversity

    Augar thought that someone ought to look at London weighting – having not managed to do so in the several years that his project ran for, the review called London a “subject worthy of further enquiry”.

    Given that the last government failed to even respond to his chapter on maintenance, it means that no such further work has been carried out – leaving the uprating of the basic for London (+25 per cent) and the downrating for those living at home (-20 per cent) at the same level as they were in the Education (Student Loans) Regulations 1997.

    Augar also thought student parents worthy of further work – presumably not the subject of actual work because it was DfE officials, not those from the DWP, who supported his review. Why on earth, wonder policymakers, are people putting off having kids, causing a coming crisis in the working age/pensionable age ratio? It’s a mystery.

    Commuters, too. The review supported the principle that the away/home differential should be based on the different cost of living for those living at home but it “suggested a detailed study of the characteristics and in-study experience of commuter students and how to support them better.” It’s never been done. Our series would be a good place to start.

    Things are worse for postgraduates, of course. Not only does a loan originally designed to cover both now go nowhere near the cost of tuition and maintenance, the annually updated memo from the DWP (buried somewhere in the secondary legislation) on how PG loans should be treated viz a vis the benefits system still pretends that thirty per cent of the loan should be treated as maintenance “income” for the purposes of calculating benefits, and the rest considered tuition spend.

    (Just to put that into context – thirty per cent of the current master’s loan of £12,471 is £3,741. 90 credits is supposed to represent 1800 notional hours that a student is spending on studying rather than participating in the labour market. The maintenance component is worth £2.08 an hour – ie the loan is £16,851 short on maintenance alone for a year which by definition involves less vacation time).

    Carer’s Allowance is available if you provide at least 35 hours of care a week – as long as you’re not a full-time student. Free childcare for children under fives? Only if you’re not a full-time student. Pretty much all of the support available from both central government and local authorities during Covid? Full-time students excluded.

    When ministers outside of DfE give answers on any of this, they tell MPs that “the principle” is that the benefits system does not normally support full-time students, and that instead, “they are supported by the educational maintenance system.” What DWP minister Stephen Timms really means, of course, is thank god our department doesn’t have to find money for them too – a problem that will only get worse throughout the spending review.

    Whose problem?

    Back in 2004, something else was introduced in the package of concessions designed to get top-up fees through.

    As was also the case later in 2012, the government naively thought that £3,000 fees would act as an upper limit rather than a target – so Clarke announced that he would maintain fee remission at around £1,200, raise the new “Higher Education grant” for those from poorer backgrounds to £1,500 a year, and would require universities to offer bursaries to students from the poorest backgrounds to make up the difference.

    It was the thin end of a wedge. By the end of the decade, the nudging and cajoling of universities to take some of their additional “tuition” fee income and give it back to students by way of fee waivers, bursaries or scholarships had resulted in almost £200m million being spent on financial support students from lower income and other underrepresented groups – with more than 70 per cent of that figure spent on those with a household income of less than £17,910. By 2020-21 – the last time OfS bothered publishing the spend – that had doubled to £406m.

    It may not last. The principle is pretty much gone and the funding is in freefall. When I looked at this last year (via an FOI request), cash help per student had almost halved in five years – and in emerging Access and Participation Plans, providers were cutting financial support in the name of “better targeting”.

    You can’t blame them. Budgets are tight, the idea of redistributing “additional” fee income a lost concept, and the “student premium” funding given to universities to underpin that sort of support has been tumbling in value for years – from, for example, £174 per disabled student in 2018/19 to just £129 now.

    All while the responsibility for the costs to enable disabled students to access their education glide more and more onto university budgets – first via a big cut in the last decade, and now via slices of salami that see pressure piled on to staff who get the blame, but don’t have the funding to claim any credit.

    Pound in the pocket

    What about comparisons? By European standards, our core system of maintenance looks fairly generous – in this comparison of monthly student incomes via Eurostudent, for example, we’re not far off top out of 20 countries:

    But those figures in Euros are deceptive. Our students – both UG and PG – spend fewer years as full time students than in almost every other country. Students’ costs are distorted by a high proportion studying away from home – something that subject and campus rationalisation will exacerbate rather than relieve.

    And anyway, look at what happens to the chart when we adjust for purchasing power:

    How are students doing financially three years on? The Student Income and Expenditure Survey (SIES) has not been recommissioned, so even if we wanted to, we’d have no data to supply to the above exercise. The Labour Force Survey fails to capture students in (any) halls, and collects some data through parents. Households Below Average Income – the key dataset on poverty – counts tuition fee loans as income, despite my annual email to officials pointing out the preposterousness of that. How are students doing financially? We don’t really know.

    And on costs, the problems persist too. There’s no reliable data on the cost of student accommodation – although what there is always suggests that it is rising faster than headline rates of inflation. The basket of goods in CPI and RPI can’t be the same as for a typical student – but aside from individual institutional studies, the work has never been done.

    Even on things like the evaluation of the bus fare cap, published recently by the Department for Transport, students weren’t set up as a flag by the department – so are unlikely to be a focus of what’s left from that pot after the spending review. See also health, housing, work – students are always DfE’s problem.

    Student discounts are all but dead – too many people see students as people to profit from, rather than subsidise. No government department is willing to look at housing – passed between MHCLG and DfE like a hot potato while those they’d love to devolve to “other” students as economic units or nuisances, but never citizens.

    The business department is barely aware that students work part-time, and the Home Office seems to think that international students will be able to live on the figure that nobody thinks home students can live on. DfE must have done work, you suppose they suppose.

    In health, we pretend that student nurses and midwives are “supernumerary” to get them to pay us (!) to prop up our creaking NHS. And that split between departments, where DfE loans money to students for four years max, still means that we expect medical students in their final two years – the most demanding in terms of academic content and travelling full time to placements – to live on £7,500 a year. Thank god, in a way, that so few poor kids get in.

    It’s not even like we warn them. UK higher education is a £43.9 billion sector educating almost 3m students a year, professes to be interested in access and participation, and says it offers a “world-class student” experience. And yet it can’t even get its act together to work out and tell applicants how much it costs to participate in it – even in one of the most expensive cities in the world.

    Because reasons

    Why are we like this? It’s partly about statecraft. There was an obvious split between education and other departments when students were all young, middle class and carefree, and devolution gave the split a sharper edge – education funding (devolved) and benefits (reserved).

    It’s partly about participation. It’s very tempting for all involved to only judge student financial support on whether it appears to be causing (or at least correlates with) overall enrolment, participation and completion – missing all of the impacts on the quality of that participation in the process.

    Do we know what the long-term impacts are on our human capital of “full-time” students being increasingly anxious, lonely, hungry, burdened and, well, part-time? We don’t.

    Efficiency in provider budgets is about getting more students to share cheaper things – management, space, operating costs and even academics. Efficiency for students doesn’t work like that – it just means spending less and less time on being a student.

    The participation issue is also about the principal – we’ve now spent decades paying for participation expansion ambitions by pushing more and more of the long-run run cost onto graduates – so much so that there’s now little subsidy in the system left.

    And now that the cost of borrowing the money to lend to students is through the roof, increases in the outlay look increasingly impossible.

    Lifelong moaning

    But something will have to give soon. Some five years after Boris Johnson gave a speech at Exeter College announcing his new Lifetime Skills Guarantee, there’s still no news on maintenance – only ever a vague “maintenance loan to cover living costs for courses with in-person attendance” to accompany the detailed tables of credits that get chunked down from the FT £9,535.

    The LLE was partly a product of Augar (more on that on Wonk Corner) – who said that maintenance support should be reserved for those studying at a minimum level of intensity – 25 per cent (15 ECTS a year), and then scaled by credit.

    But think about that for a moment, setting aside that increasingly arbitrary distance learning differential. Why would a student studying for 45 credits only get 3/4 of an already inadequate loan? Will students studying on one of those accelerated degrees get 1.5 x the loan?

    The centrality of credit to the LLE – and its potential use in determining the level of student financial support for their living and participation costs – is fascinating partly because of the way in which a row between the UK and other member states played out back in 2008.

    When ECTS was being developed, we (ie the UK) argued that the concept focused too heavily on workload as the primary factor for assigning credits. We said that credits should be awarded based on the actual achievement of learning outcomes, rather than simply the estimated workload.

    That was partly because the UK’s estimate at the time of 1,200 notional learning hours (derived from an estimate of 40 hours’ notional learner effort a week, multiplied by 30 weeks) was the lowest in Europe, and much lower than the 1,500-1,800 hours that everyone else in Europe was estimating.

    Annex D of 2006’s Proposals for national arrangements for the use of academic credit in higher education in England: The Final report of the Burgess Group put that down to the UK having shorter teaching terms and not clocking what students do in their breaks:

    It could be argued that considerably more learner effort takes place during the extended vacations and that this is not taken into account in the total NLH for an academic year.

    Those were the days.

    In the end an EU fudge was found allowing the UK to retain its 20 notional hours – with a stress that “how this is applied to a range of learning experiences at a modular or course level will differ according to types of delivery, subject content and student cohorts” and the inclusion of “time spent in class, directed learning, independent study and assessment.”

    A bit like with fees and efficiency, if in the mid noughties it was more likely that students were loaned enough to live on, were posh, had plenty of spare time and had carefree summers, that inherent flex meant that a student whose credit was more demanding than the notional hours could eat into their free time to achieve the learning outcomes.

    But once you’ve got a much more diverse cohort of students who are much more likely to need to be earning while learning, you can’t really afford to be as flexible – partly because if you end up with a student whose characteristics and workload demand, say, 50 hours a week, and a funding system that demands 35 hours’ work a week, once you sleep for 8 hours a night you’re left with less than 4 hours a day to do literally anything else at all.

    Think of it this way. If it turns out that in order to access the full maintenance loan, you have to enrol onto 60 ECTS a year (the current “full-time” position), we are saying to students that you must enrol onto credits theoretically totalling at the very very least 1,200 hours of work a year. We then loan them – as a maximum – £8.52 an hour (outside London, away from home). No wonder they’re using AI – they need to eat.

    If it then turns out that you end up needing to repeat a module or even a year, the LLE will be saying “we’ve based the whole thing on dodgy averages from two decades ago – and if you need to take longer or need more goes at it, you’ll end up in more debt, and lose some of your 4 years’ entitlement in the process”. Charming.

    A credit system whose design estimated notional learning hours around students two decades ago, assumed that students have the luxury of doing lots of stuff over the summer, and fessed up that it’s an unreliable way of measuring workload is not in any world a sensible way to work out how much maintenance and participation cost support to loan to a student.

    Pretty much every other European country – if they operate loans, grants or other entitlements for students – regards anyone studying more than 60 (or in some cases, 75) credits as studying “full-time”.

    That allows students to experience setbacks, to accumulate credit for longer, to take time out for a bereavement or a project or a volunteering opportunity – all without the hard cliff edges of “dropping out”, switching to “part-time” or “coming back in September”. Will our student finance system ever get there? Don’t bet on it.

    If the work (on workload) isn’t done, we’ll be left with definitions of “full-time” and “part-time” student that are decades old – such that a full-time student at the OU can’t get a maintenance loan, while an FT UG at a brick university that barely attends in-person can – that pretty much requires students to study for more credit than they can afford to succeed in.

    Oh – and if the loan is chunked down for a 30 credit module, how will the government prevent fraud?

    Via an FOI request, the SLC tells me that last year, almost 13,000 students FT students in England and Wales managed to pull down installment 1 of their loan without their provider pulling down installment 1 of the fee loan. Anyone that thinks that’s all employer funding will shortly be getting my brochure on bridges.

    Maintenance of a problem

    Our system for student living and participation costs may, by comparison with other systems, appear to be a generous one – especially if you ignore the low number of years that students are in it, and how much they eventually pay back. But make no mistake – our student finance system is completely broken – set up for a different sector with different students that has no contemporary basis in need, ambition or impact.

    Its complexity could not be less helpful for driving opportunity, its paucity is likely to be choking our stock of human (and social) capital (and resultant economic growth), and its immediate impacts have normalised food banks on campus – real poverty that universities neither can nor should be expected to alleviate with other students’ fees and debt.

    The signals and signs are of danger ahead – a minister keen to stress that the “fundamentals” of the system we have for funding higher education won’t change reminds us both of a lack of money and a bandwidth issue. It’s one whose solution requires real research, cross-departmental and nations working, and a proper sense of what we want students to be, experience and learn. Sadly, that also sounds like a solution that lends itself to long grass.

    Given everything else going on in the world right now, maybe that’s inevitable. But decade after decade, every time we put off a proper review, or over-prioritise university rather than student funding in the debates, we dodge the difficult questions – because they’re too complex, because the data isn’t there, because it’s another department’s problem, because reasons.

    If Bridget Phillipson is serious about “fixing the foundations” to “secure the future of higher education” so that “students can benefit from a world-class education for generations to come”, she needs to commission a dedicated student maintenance review. Now.

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  • New TEQSA commissioners announced | Campus Review

    New TEQSA commissioners announced | Campus Review


    The two new leaders of the Tertiary Education Quality and Standards Agency (TEQSA) were announced on Tuesday.

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  • Podcast: REF people and culture, spending review, apprenticeships

    Podcast: REF people and culture, spending review, apprenticeships

    This week on the podcast universities failing to promote diversity will face funding cuts – so said The Times. We chat through the controversy building around the REF.

    Plus we look at what the sector is asking for in the spending review, and consider the government’s push for lower-level, shorter apprenticeships.

    With Shitij Kapur, Vice Chancellor and President at King’s College London, Jess Lister, Director (Education) at Public First, Debbie McVitty, Editor at Wonkhe and presented by Mark Leach, Editor-in-Chief at Wonkhe.

    Read more:

    Universities UK submits to spending review

    The barriers that must be removed for degree apprenticeships to meet NHS workforce targets

    Higher education institutions have invested time, effort and money in level 7 apprenticeships

    Societies that are humane are thoughtful about promoting equality, diversity and inclusion

    Predictably bad education

     

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  • QUT anti-semitism review leader announced, responds to parliamentary inquiry

    QUT anti-semitism review leader announced, responds to parliamentary inquiry

    Professor Margaret Sheil (right) speaks to the press. Picture: John Gass

    The Queensland University of Technology has announced more details about its independent review into last month’s controversial National Symposium on Unifying Anti-Racist Research and Action event.

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  • Review of Adamson’s “A Century of Tomorrows” (opinion)

    Review of Adamson’s “A Century of Tomorrows” (opinion)

    The name of an ambition more than it is of a body of knowledge, the term “futurology” is attributed by one source on word origins to Aldous Huxley. The author of Brave New World is a plausible candidate, of course; he is credited with coining it in 1946. But a search of JSTOR turns up an article from three years earlier suggesting that Oswald Spengler’s The Decline of the West made him the pioneer of “what one may hope will sometime develop into a real science of ‘Futurology.’”

    The author of that article was a political scientist and émigré from Nazi Germany named Ossip K. Flechtheim, then teaching at the historically Black Atlanta University; the article itself was published in a historically Black scholarly journal, Phylon. He soon decided that his idea’s time had come.

    By 1945, writing in The Journal of Higher Education, Flechtheim advocated for futurology both as an emerging line of interdisciplinary scholarship and as a matter of urgent concern to “the present-day student, whose life-span may well stretch into the twenty-first century.” He was optimistic about futurology’s potential to advance knowledge: Maintaining that “a large number of scholars” concurred on “the major problems which humanity would face” in the coming decades, he announced that “predict[ing] the most probable trends is a task which we have the means to accomplish successfully today.”

    But as Niels Bohr and/or Yogi Berra famously put it, “It is difficult to make predictions, especially about the future.” Flechtheim went on to publish landmark contributions to the incipient field of study, surely expecting that a proper social science of the future would be established by the turn of the millennium. But on this point, as in most cases, subsequent history only confirms the Bohr-Berra conundrum.

    One rough metric of futurology’s public-intellectual salience over time is how often the word appears per year in publications stored in the Google Books database. The resulting graph shows barely any use of the term before about 1960. But with the new decade there is a sudden burst of activity: a period of steep acceleration lasting about two decades, then collapsing dramatically over the final years of the 20th century. The JSTOR search results show much the same pattern.

    And so it is that Glenn Adamson’s A Century of Tomorrows: How Imagining the Future Shapes the Present (Bloomsbury Publishing) approaches the subject with not so much skepticism about futurology’s prospects as a certain irony about its very status as a distinct kind of knowledge. The author, a curator and a historian, attaches Flechtheim’s neologism as a label to a kaleidoscopic array of efforts to anticipate the shape of things to come, whether by analyzing statistical trends, through artistic creativity or in experimentation with new ways of life. The book concentrates on the United States and the 20th century, but inevitably the larger world and earlier history shape the book, which also reflects some 21st-century pressures as well.

    Plenty of science fiction novels have done better at imagining life in subsequent decades than think tank projections made in the same era. But comparing prognostications for relative accuracy is not Adamson’s real concern. Whatever means it may employ, the futurological imperative is always to respond to current reality—to its perceived failings or potentials, to the opportunities and terrors looming over the world or lurking just out of sight. Adamson writes that “every story about the future is also a demand to intervene in the present.” The forms of intervention considered include political movements, religious revivals, market research, scenarios for thermonuclear war, hippie communes, the insurance industry and time capsules assembled for future generations to ponder (to give an abbreviated list).

    The future’s uncertainty provides a blank screen for projecting contemporary issues in reimagined form and the opportunity to imagine alternatives. (Or to imagine inevitabilities, whether of the encouraging or despairing kind.)

    The author takes futurology to have emerged in the 19th century as a response to concerns previously the domain of religious traditions. Utopia and dystopia provide fairly obvious secular analogues to heaven and hell. But there is more to it than that. “For those who no longer saw the future as a matter of revealed truth,” Adamson writes, “new forms of authority stepped in to fill the gap. This is where the futurologists would come in. They would not only make claims about what lies ahead but also somehow persuade others of their ability to see it.”

    The grounds for claiming such authority proliferated, as did the visions themselves, in ways resistant to linear narrative. Instead, the author pulls seemingly unconnected developments together into thematic clusters, rather like museum exhibits displayed in partly chronological and partly thematic order.

    For example, the futurological cluster he calls the Machine includes the organization Technocracy, Inc., which in the early 1930s won a hearing for its plan to put the entire economy under the control of engineers who would end the waste, bottlenecks and underperformance that had, they purported, caused the Depression.

    Enthusiasm for the Technocracy’s social blueprints was short-lived, but it expressed a wider trend. Futurologists of this ilk “set about creating self-correcting, self-regulating systems; conceptually speaking, they became machine builders.” Under this heading Adamson includes enthusiasts for “the Soviet experiment” (as non-Communist admirers liked to call it), but also the market-minded professionals involved in industrial design, especially for automobiles: “The advance planning of annual model changes was a way to humanize technology, while also setting the horizon of consumer expectation.”

    Whereas the Machine-oriented visionaries of the early 20th century had specific goals for the future (and confidence about being able to meet them), a different attitude prevailed after World War II among those Adamson calls the Lab futurologists. The future was for them “something to be studied under laboratory conditions, with multiple scenarios measured and compared against one another.” Some of them had access to the enormous computers of the day, and the attention of people making decisions of the highest consequence.

    “Prediction was becoming a much subtler art,” the author continues, “with one defining exception: the prediction of nuclear annihilation, a zero multiplier for all human hopes.”

    Those who thought life in a Machine world sounded oppressive offered visions of the future as Garden, where a healthier balance between urban and rural life could prevail. A corresponding horror at Lab scenarios spawned what Adamson calls Party futurology. This started in Haight-Ashbury, fought back at the Stonewall and generated the radical feminist movement that still haunts some people’s nightmares.

    Missing from my thumbnail sketch here is all the historical texture of the book (including a diverse group of figures, leading and otherwise) as well as its working out of connections among seemingly unrelated developments.

    As mentioned, the book is centered on 20th-century America. Even so, “Flood,” the final chapter (not counting the conclusion), takes up forces that have continued to accumulate in the early millennium. Flood-era futurology is not defined either by climate change or digital hypersaturation of attention. The main element I’ll point out here is Adamson’s sense that futurology’s own future has been compromised by an excess of noise and meretricious pseudo-insight.

    The floods of dubious information (from too many sources to evaluate) make it harder to establish reality in the present, much less to extrapolate from it. Filling the void is a churn of simulated thought the author calls Big Ideas. “By this,” he writes, “I mean a general prediction about culture at large that initially feels like an important insight, but is actually either so general as to be beyond dispute, or so vague as to be immune to disproof.” Much better, on the whole, is to study the record of futurology itself, with its history as a warning against secular fortune-telling.

    Scott McLemee is Inside Higher Ed’s “Intellectual Affairs” columnist. He was a contributing editor at Lingua Franca magazine and a senior writer at The Chronicle of Higher Education before joining Inside Higher Ed in 2005.

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  • Supreme Court must halt unprecedented TikTok ban to allow review, FIRE argues in new brief to high court

    Supreme Court must halt unprecedented TikTok ban to allow review, FIRE argues in new brief to high court

    Today, FIRE filed an amicus curiae (“friend of the court”) brief in support of TikTok’s emergency application for an injunction pending review of a law that would force it to shut down absent divestiture of Chinese ownership. The Summary of Argument from the brief, on which FIRE is joined by the Institute for Justice and Reason Foundation, explains the law’s grave threat to free speech. 

    The nationwide ban on TikTok is the first time in history our government has proposed — or a court approved — prohibiting an entire medium of communications. The law imposes a prior restraint, and restricts speech based on both its content and viewpoint. As such, if not unconstitutional per se, it should be subject to the highest level of First Amendment scrutiny. Given the grave consequences, both for free speech doctrine and for the 170 million Americans who use TikTok to communicate with one another, this Court should at least hit the “pause button” before allowing such a drastic policy to go into effect.

    The U.S. Court of Appeals for the District of Columbia Circuit correctly recognized the Protecting Americans from Foreign Adversary Controlled Applications Act, (“the Act”) as a direct regulation of speech. Exercising original and exclusive jurisdiction over TikTok’s constitutional challenge, the court held the Act “implicates the First Amendment and is subject to heightened scrutiny,” and assumed but did not decide strict scrutiny was warranted. . However, the court held the Act “clears this high bar,” granting deference to the government’s characterization of alleged national security concerns to conclude the Act was “carefully crafted to deal only with control by a foreign adversary, and it was part of a broader effort to counter a well-substantiated national security threat posed by the [People’s Republic of China].”

    Although the appellate panel was correct that the Act should be subject to the highest level of First Amendment scrutiny, it failed to actually hold the government to its burden of proof, and deferred too readily to unsupported assertions of a national security threat.

    Congress has not met the heavy constitutional burden the First Amendment demands when regulating speech, let alone banning an entire expressive platform. No published legislative findings or other official public records attempt to explain or substantiate why the Act’s severe encroachment on millions of Americans’ right to speak and to receive information is necessary to address a real and serious problem. Nor was there any showing the ban would effectively address the asserted risks.

    The proffered evidence of the law’s purpose reveals illegitimate intent to suppress disfavored speech and generalized concerns about data privacy and national security. These concerns fall far short of satisfying strict scrutiny, and the court’s extreme deference to governmental conjecture is unwarranted, misguided, and dangerous. Nor is the Act narrowly tailored to any compelling or substantial government interest, as the First Amendment requires.

    Constitutional intrusions of this unprecedented magnitude demand this Court’s full consideration before they take effect. This Court should grant Petitioners’ emergency application for an injunction pending review.

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  • Tesla chair to lead research and development review

    Tesla chair to lead research and development review

    Robyn Denholm has been chair of Tesla since 2018. Picture: Lyndon Mechielsen/Courier Mail

    A Strategic Examination of Research and Development review is to evaluate how to maximise Australia’s existing research and development (R&D) spend, and convince industry to adopt innovation.

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  • A Review of Complete College America’s ACT Conference (June 2022)

    A Review of Complete College America’s ACT Conference (June 2022)

    In June 2022, I was very excited to attend Complete College America’s ACT: Policy & Action Summit in Louisville, Kentucky. This was my first time visiting Kentucky and everything was beautiful! 

    Apparently, this conference is “where the magic happens. Where ideas come to life, decisions are made, and plans for impact take shape” and this was definitely true. Usually, when I attend a higher education summit, it is just focused on current information and best practices, but this conference took a different turn. It was all about action and implementation.

    Several of the key groups from the Complete College were able to come together and to take action. These groups included: state teams of higher education leaders and policymakers came together. 

    The content was amazing and the conversations were even better.  Our conversations focused on Time to Degree, Corequisite Support, Guided Pathways, and more.

    Here was the schedule:

    Day 1

    Welcome from the CCA President: Dr. Yolanda Watson-Spiva

    Bringing in Those Left Behind in the College Completion Movement

    Continued Progress and New Frontiers

    No Middle Ground – Advancing Equity Through Practice

    ACT I – Start, Stop, Continue

    Day 2

    The Politics of Equitable College Completion

    Equity and Public University Funding

    No Middle Ground – Advancing Equity in All States

    ACT II & III – Policy Recommendation and Development

    Innovation in Systems Change

    New Opportunities for Your Complete College Alliance Team

    I learned so much through this summit and the networking was great. One of the aspects of the conference that served as a highlight for me was the placement of several flags around the room to represent the institutions of each Complete College America member/partner.

    This was evidence of intentional support and success.

    The sponsors for this event included: The Lumina Foundation, the Bill and Melinda Gates Foundation, Ascendium, the Annie E. Casey Foundation, and the Barr Foundation

    ***

    Check out my book – Retaining College Students Using Technology: A Guidebook for Student Affairs and Academic Affairs Professionals.

    Remember to order copies for your team as well!


    Thanks for visiting! 


    Sincerely,


    Dr. Jennifer T. Edwards
    Professor of Communication

    Executive Director of the Texas Social Media Research Institute & Rural Communication Institute

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  • CLASS BIAS AND RANDOM THINGS LAW REVIEW: Excerpt from In the Company of Thieves: The Senator’s Visit

    CLASS BIAS AND RANDOM THINGS LAW REVIEW: Excerpt from In the Company of Thieves: The Senator’s Visit

     

    The
    Senator

    [This is an an excerpt from the diary of one of
    my more elitist colleagues. (Reprinted with Permission) The particulars of the story were generally well
    know  by every one including me but I
    will let him tell it in his own words. [I have changed the name of the Senator involved because I cannot guarantee all the facts.]

    At Nine couple of weeks ago, I received the following
    from Dean Bob:

    Memorandum

    To: Professor Harris

    From: Dean Bob

    Date: February 7, 2007

    Re: Visit of Senator Faceworth

    As you are aware [I was not aware]
    the Law School has invited Senator Jerry Faceworth to guest lecture for two
    weeks on the subject of Labor Law. I would like to you to serve as his host
    during this time. I know you have many commitments [actually I don’t] but we
    need to put our best foot forward given that Senator Faceworth has recently
    announced his candidacy for President of the United States.

    Please advise me of your availability
    as soon as it is convenient. Senator Faceworth arrives on February 15th.

    I
    responded right away feeling kind of honored. Playing host to an honest to
    goodness presidential candidate sounded like it would be fun.

    So let’s  start with Senator Faceworth. First you should know that I read in the Times
    that in response to some questions about his private life he dared reporters to
    follow him around. “You will regret it. The boredom will be
    intolerable.”

    He
    arrived by private jet. A squadron of reporters arrived soon thereafter and
    more were waiting at the hotel when I took him there at about 8 P.M. I gave him
    my cell number and the phone rang a midnight just as I was dozing off.
    “Let’s have a drink,” he said. “I’ll be at the service ramp. Be
    here in 15 minutes” I was and found him, a knit cap pulled low and
    wrap-around sun glasses. He was very direct about wanting to go to a student
    “club.” I had no idea where to take him but drove him to a part of
    town with student bars. We parked and went into something called the
    “Music Store.” Average age 21. By now, if you know Senator Faceworth,
    you know what happened. After 30 minutes he found me. He wanted to go back to
    his room. “Of course,” I said, not realizing that the two coeds – one
    on each arm – were to accompany him. So, at 1:00 A.M. I left him as he and his
    new playmates quickly scrambled from the car and darted for the service
    elevator. This cannot be good. And, he is here for three weeks.

            The
    next night the same midnight call and it was off to the same bar. This time he
    emerged with two more pals.  The next day Dean Bob picked up the Senator in the hotel lobby – again was the ever
    present   swarm of reporters–  and took him to school. My assignment? Go to
    the service entrance and pick up his two companions from the previous night —
    Heather and Misty. They piled in the car and immediately said. “Jeffy, Gar-Gar told us you
    would take us to breakfast and for tanning.” And I did. What could I do? I
    wore dark glasses but I was a little nervous about the car that seemed to be
    following.

            So you get the drift. The
    man who said people would be bored if they following him was and absolute hound
    for college girls. And this went on non stop. Well non stop until some rapidly
    unfolded events.

    The
    Senator is off to Bimini for the week end and I am sleeping.

    Senator
    Faceworth evidently came back late last night, having taken Monday off. Judging
    by his sun burn, the trip to Bimini was a success. Now he is followed by a
    caravan of pink faced reporters. The cocktail party in is honor is this
    Thursday. He has not thanked me for the selection of single malt scotches in
    his office. I am beginning to look forward to his departure. I have had
    way too many Heathers and Jennifers to escort back to their apartments or
    dorms.

    Two
    more midnight calls from Faceworth and four more Gingers or Kimberlys — who
    knows, who cares. Even though I pick him up at the loading dock of the hotel
    and he has his stocking cap pulled low, it is not always fool proof. Last night
    at what has become his favorite bar I spotted a pink-faced reporter who I
    recognized from the caravan of cars that following us each day. He definitely
    saw Faceworth and then left hurriedly.

    Faceworth
    finally made his break back to Bimini for the weekend. This time he took two
    Jennifers who were on the same flight to Miami. I took all three to the airport
    but dropped them at different places. At one point we were almost spotted by
    reporters and Faceworth hit the floor while the Jennifers giggled and did other
    unmentionable things.

     I am not cut out for this!! Word has leaked
    out among the faculty and today someone accused me of “pimping” for
    Gerard.

    You know the routine. A
    midnight run and two Jennifers each night.
    I find it very annoying that on our trips to the clubs the Senator sits in the
    back seat and rarely speaks to me. On the way back, he is in the back with his
    pals.
        Faceworth  left Thursday late for Binimi, too early the see the following article in
    today’s Ivyville Sun. First you should know that that there is big photo on Faceworth on the front page leaving his regular bar at 1:00 with two Jennifers,
    miniskirts and cowboy boots. I am in the photo just barely. The caption:
    Senator Gerard Faceworth parties with friends and an unidentified law
    professor.

    The article:

    “Senator Gerard Faceworth, a
    visiting professor at the Ivyville Law School, has been photographed with two
    companions leaving the Campus Buzz, a popular late night gather place for
    Ivyville singles. Senator Faceworth only recently challenged reporters to
    follow him around after rumor emerged that he is something of a
    “womanizer.” According the regulars at the Buzz, Senator Faceworth
    has been in the club several nights, usually escorted by a law professor. The
    routine is that he arrives soon after midnight and leaves by 1:00 A.M. with one
    or two college aged women. The hotel management where the Senator is staying
    declined comment. The identity of his law professor host is currently being
    examined.”

            I am happy to report that Faceworth  called in Monday morning to say that he would be unable to finish his
    three week teaching assignment here. The Ivyville Sun article about his late
    night activities — as surely you know — has gone national, even
    international.
            Reporters are everywhere wanting to know the details and trying to identify his
    mysterious law professor escort. So far no one on the faculty had identified
    me.

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  • CLASS BIAS AND RANDOM THINGS LAW REVIEW: Draft Excerpt from “In the Company of Thieves:” Foreign Programs

    CLASS BIAS AND RANDOM THINGS LAW REVIEW: Draft Excerpt from “In the Company of Thieves:” Foreign Programs

     

     

    Foreign
    Programs

    One
    way mid and lower level law schools compete with each other is by offering
    foreign opportunities. In some cases the students can spend a semester studying
    at a law school in France or Italy or Germany. They get a semester worth of
    credit for traveling and drinking for 3 months. These are programs for the well
    to do, of course because there are airfares, apartments to rent, etc. Nevertheless, they can be rewarding and informative.

    On the other hand, summer abroad programs are a bit of a scam. These are essentially law schools acting as
    travel agencies. The idea is that a couple of professors travel to Paris,
    London, Rome or where ever and take 15 or twenty students with them. Then the
    students hang out with each other, drink, travel, and spend a modest amount of
    time in the classroom.  They, of course,
    pay extra for this and that extra is what covers the housing and expenses of
    their teachers. In short, the students subsidize the summer vacation of the
    profs and they, in turn, get academic credit. Their actual emersion in local
    culture is kept to a minimum as they search out the closest McDonalds.

    Now
    that you know the background, you should know that one of the committees I am
    chair of is the “Programs Committee”.  A
    summer program has to be OKed by the programs committee and then voted on by
    the faculty. Very often it is a fait accompli. For example, one year at a mid summer faculty meeting 17 members
    of the 60 person faculty voted by 9 to 8 to have a summer program in France.
    Unusually only 2 faculty can go at a time but most deans also feel it is their duty to stop by, at the school’s expense, for a few days. And sometimes,
    someone from the Programs Committee is also “obligated to go.” In the case of
    the France program all 9 yes voters went at some point over the next three
    years although at times the enrollment dwindled to 12 which was not enough to
    cover their expenses.

    Here
    is the proposal the Programs Committee considered last October for
    implementation next summer. I’ve inserted some information in brackets to help
    you understand:

    Re: Summer Program in Italy

    Date: February 12, 2007

    Supreme Senior Vice President of
    Foreign Programs, Hugo Valencia and I [Chadsworth Feldman] are happy to propose
    a new study abroad opportunity for our students. The details are as follows:

    A. Location:

    Three weeks in Rome, three weeks in
    Florence.

    B. Expected enrollment and student
    costs.

    For the first year, expected
    enrollment is 30 but the actual enrollment can exceed this. The program has no
    upper limit on enrollment. The initial tuition is $3,000 per student. This
    includes all housing and transportation, to the extent those are necessary.

    C. Need and
    Opportunities

    This program will complement our
    other excellent foreign study opportunities. Many of our students have
    expressed a desire to study in Italy and to learn Italian law. Many of our
    colleagues have connections with scholars in Italy and would gain a great deal
    with respect to their work in comparative law. It is critical that we have a
    presence in Italy.

    Several members of our faculty will
    be invited to travel to Rome or Florence to serve as guest lecturers and to
    attend graduation ceremonies at the end of the term.

    D. Staffing.

    Professor Feldman is the Director of
    the Program and will go each year. In addition to the director, one other full
    time professor will travel to the site. Two assistants will accompany the
    professors. These will be the spouses of the professors as long as they accept
    no salary. Of course, all their expenses will be paid.  After the initial year, it is anticipated
    that the position of professor will be circulated among the faculty.

    E. Students Activities

    Students will earn six credit hours.
    In addition, they will be taken on several tours of important Italian sites.

    F. Budget:

    Airfare for Professors and
    assistants: $10,000

    Housing: $80,000

    G. Impact

    This program will put us in the first
    tier of foreign program offering schools. The net cost to the School, other
    than trips of guest lecturers, is zero. The two professors involved will be
    paid the usual stipend for summer teaching.

                Nothing seemed unusual about the program although
    everyone knew it was the usual faculty boondoggle. The Committee approved it
    and then then faculty. Then things started to unravel. By December several
    students had put down their deposits.  Over the next few months some issues came
    to light. Two stood out. One was that Hugo and Chad, with spouses, had already,
    with the Dean’s permission and on the law school’s dime, spend 10 days in Italy
    scouting out, as they put it, suitable restaurants, clubs, spas, and coastal
    areas for the program. Ok, it’s like what we call in the trade convercationing.
    That is you are paid for a business trip but you are really taking a vacation
    while checking off the boxes to make it seem like business.

    The
    second matter had to do with the budget. Usually there is a host institution
    that provides a  low fee some classroom
    space.  My curiosity piqued, I asked Chad
    about this. He seemed a little sheepish but something you never do as a law
    professor is show weakness or admit wrongdoing. His answer. “That is the beauty
    of the Program. It will all be conducted by Zoom with the students staying at
    home. Hugo and I will Zoom not just classroom activities but dining out,
    clubbing, sight seeing, the works. It will be exactly like they are there.” He
    went on. “I am sure it will be appealing to the students since they can stay in
    the comfort of their homes and not worry about finding housing, eating in
    strange places where no one understands a word they are saying.” Finally, “If
    there are technological problems we will send them postcards.”

    I
    was reeling from this revelation when I got back to my office. None of this was
    revealed when the programs committee met or at the faculty meeting. Everyone
    was too busy, I suppose, booking passage to Italy for some year in the future.
    When I got back to my office, there was a phone message to call Linda James. I
    knew I had a student in my class named Tom James but I did not make the
    connection. I called and she told me that she had tried to reach Professor
    Feldman but he was not in. The secretary had directed her to me since I was
    chair of the programs committee and she had a question about the program since
    her son James was going. She started by saying how excited James was and how she
    and her husband planned to meet James for the portion of the course in Rome.

    Her
    question was what types of things should James bring – clothing, dressy or not,
    extra notebooks, computer, and so on. I lied, I told her that I did not know. I
    did chair the committee that had approved the program but that she needed to
    talk to Professor Feldman. I assumed she did eventually because I the next day
    I received the following email from Chad:

    Today Tom James’ mother called and asked what sort of
    things he should bring from his summer in Italy. I told her that the students
    were not actually going to Italy. She asked what the $3000 is for and I said
    “expenses.” Then she pressed me and asked about the $80,000 for
    faculty. I told her that was the going rate for appropriate housing for the
    Professors and any guest lecturers who might join us. She seemed miffed about
    no students going. Isn’t that just perfect!!! You try to do something for the
    students and you get in hot water for it.

    Later the same day:

     

    So far two more  sets of parents have contacted me. It seems to
    have come as a surprise to them that the Summer Program in Italy does not
    involve their dear children actually traveling to Italy. Hugo and I designed
    the whole program on the theory that he and I and our spouses would go to Italy
    and show the lectures and sights by Zoom (or postcard). We would do the heavy
    lifting and the students would have time to study. Do they not get it.

                 In any case the
    “program” ran for one summer only.  The
    revenue did not begin to cover the expenses which the law school ended up
    eating. I suppose it was a success because I received the following email from
    Chad:

    Here is the great news. I am writing from Rome. Yes,
    the summer program is in tact and Hugo, Marvel, Caroline and I are here working
    hard for the students. It is true we are down to 5 students and it is true that
    those five did not actually make the trip to Italy but we are working hard.

    As you know, some of the students were upset that the
    Summer in Italy program did not actually mean they were going to Italy — only
    the professors. Some parents were quite rude and the initial enrollment dwindled
    to 5. Good riddance I say. Those students obviously were not cut out for
    foreign travel. The Law School decided we had to operate the program anyway
    because the American Association of Law Schools had already purchased 30
    tickets for a team to come and inspect the program.

    We are doing our best for the five students. Each week
    we send a postcard with some interesting fact about Italian law. In the
    interest of giving the students what they want, we have decided not to
    administer a final exam.

    As for me, being a dedicated teacher of young people
    is its own reward.

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