| Blog and Media Roundup - Friday, October 22, 2010; News Roundup | |
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| Tweet Topic Started: Oct 22 2010, 05:18 AM (266 Views) | |
| abb | Oct 22 2010, 05:18 AM Post #1 |
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http://www.heraldsun.com/view/full_story/10003608/article-Judge-to-Youngs--Mum-s-the-word-on-Edwards?instance=homeseventhleft Judge to Youngs: Mum's the word on Edwards The Herald Sun 10.21.10 - 10:22 pm 'I'm not a toothless tiger,' Fox tells attorneys at request of plaintiff BY BETH VELLIQUETTE bvelliquette@heraldsun.com; 419-6632 HILLSBOROUGH -- Superior Court Judge Carl Fox does not want to turn on his television and see Andrew or Cheri Young talking to Barbara Walters about what John Edwards said in a deposition. During a hearing Thursday morning in Orange County Civil Superior Court, Fox warned the attorneys for the Youngs that if the Youngs talk about or use information contained in Edwards' deposition, he would send them to jail. "I'm not a toothless tiger," Fox said. During a hearing Thursday, attorneys for Andrew and Cheri Young, Rielle Hunter and John Edwards argued whether information that is obtained during pre-trial depositions can be made public or not. The Youngs, Hunter and Edwards were not in the courtroom during the hearing and do not have to make any appearance in the courtroom any time during the trial unless they are called to testify. Hunter, who had an extra-marital affair with Edwards as he was running to be the Democrat nominee for President of the United States, filed a lawsuit against the Youngs claiming they took her property without her permission, including a sex tape she made with Edwards. One of Hunter's attorneys, Allison Van Laningham, told the judge that Hunter would walk away from the case if the Youngs would simply return her property to her. "You have to wonder why we're still here," she said. The Youngs are seeking information that they can continue to use in their commercial endeavors, and that is completely inappropriate, Van Laningham said. Andrew Young, who worked as an aide to Edwards during his campaign, wrote a best-selling book, "The Politician," about the campaign and about Edwards' relationship with Hunter. A movie is in the works based on the book. The Youngs' attorney, Robert Elliot, told Fox that it was not a normal case, noting that the case has been publicly aired over and over and that the Youngs and Hunter have appeared on the Oprah Winfrey show and other national news shows and given interviews to magazines. Elliot wanted to make sure the Youngs would not be restricted from discussing or using information they knew independently from the depositions or non-confidential information from the depositions. Jim Cooney, who represents Edwards, pointed out that first, Edwards is a witness in the case, and second, he has not gone on television or done interviews about the sex tape. His deposition needs to be protected, Cooney said. "There are plenty of organizations that would love to have a videotape of Mr. Edwards' deposition and be willing to pay a great deal of money to obtain it," he said. Fox agreed to Hunter's and Edwards' requests to have their depositions protected, and he initially ordered that the Youngs' attorney maintain custody of the transcript and videotape of Edwards' deposition and not allow the Youngs to see the tape or read the transcript of the deposition. Elliot, however, argued that he's never heard of a time when an attorney was restricted from showing clients evidence in their own case. Fox reconsidered and told Elliot he could show the Youngs the evidence but maintained that Elliot must not give the Youngs a copy of the transcript or the video of the deposition. Cooney wanted to limit the questions that Edwards would be asked during his deposition to those relevant to the issue of the lawsuit, such as if he knew who was the owner of the sex tape and whether Hunter abandoned the tape or whether the Youngs took the tape without Hunter's permission. Fox, too, questioned why the Youngs would need to ask Edwards certain information. In the end Fox ordered that Hunter's and Edwards' depositions as well as all discovery material be put under a protection order and the information obtained from them can only be used in the lawsuit. Hunter already has given one deposition and will give another one. Edwards has not yet given his deposition. The trial is scheduled for February, but Fox told the attorneys that if they need more time to prepare he would not hesitate to move the trial date to later in the year. |
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| abb | Oct 22 2010, 05:22 AM Post #2 |
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http://www.heraldsun.com/view/full_story_news_durham/10004728/article-Judge-OKs-bid-to-drop-late-lawyer-s-estate-from-suit-in-Duke-lacrosse-case?instance=main_article Judge OKs bid to drop late lawyer's estate from suit in Duke lacrosse case The Herald Sun 10.21.10 - 11:54 pm By Ray Gronberg gronberg@heraldsun.com; 419-6648 DURHAM -- A federal judge has dismissed claims against the estate of one of the defendants caught up in a civil-rights lawsuit stemming from the Duke lacrosse case. U.S. District Court Judge James Beaty Jr.'s Oct. 15 order means that Marsha Covington, the widow of Durham attorney Wes Covington, won't have to fight allegations lodged by 38 members of Duke University's 2005-06 men's lacrosse team. Beaty acted at the request of the legal team that's representing the players. They and their parents "have no interest whatsoever in pursuing this against [Covington's] widow," said Bill Thomas, the Durham lawyer who filed the dismissal motion on their behalf. The dismissal was the first action in months in any of the three pending lacrosse-related lawsuits. Different groups of players have filed separate cases, variously targeting the city, Duke, former District Attorney Mike Nifong and a variety of other people who were at some point involved in the investigation of stripper Crystal Mangum's 2006 claim that she'd been raped at a lacrosse team party. Judge mulls motions Beaty since May has been mulling a set of motions defendants are hoping will end the cases or at least substantially prune the long list of claims the players have filed. Wes Covington was a defendant in only one of the lawsuits. The 38 players who filed it accused him of fraud, breach of duty and conspiracy, all stemming from his role as the lawyer Duke allegedly steered them to for help after Mangum's charges surfaced. The players alleged that Covington, rather than helping, looked out more for Duke's interests than their own as the city Police Department's investigation of the charges ramped up. Covington like other defendants argued that there was no legal basis for the claims against him. His death this past February left it to his widow to continue fighting the case. The players in May asked that as executrix of Covington's estate she be substituted for him as a defendant. That squared with their rights under state law, which in most types of cases allows plaintiffs to pursue damages against a defendant's estate. Contact a problem The players eventually decided to drop the matter, as far it pertained to Covington. But with so many people involved, it took a while for everyone to agree. "We have a lot of clients that live all over the country," Thomas said, explaining the delay. "And it required the consent of all our clients to file the dismissal." Beaty's order specified that the dismissal was "with prejudice," meaning the players can't resurrect claims against the Covington estate in the future should someone change their mind or new information emerge. |
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| abb | Oct 22 2010, 05:26 AM Post #3 |
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http://www.heraldsun.com/view/full_story/10000032/article--Put-safety-and-sense-back-into-judiciary-?instance=hs_guest_columnists 'Put safety and sense back into judiciary' The Herald Sun 10.21.10 - 04:42 pm By Freda Bowman Black Guest columnist I am running for District Court judge for Durham County. During my 25 years of experience, I have always placed the rights of individuals first, as a prosecutor and a defense attorney. To be a fair and impartial judge, you have to see both sides of an issue and use your legal background to make sure both sides are heard equally and fairly. I have been involved in several capital cases here when there was a chance that the defendant would be sentenced to death or life imprisonment. I have never entered into these proceedings without attempting to seek the truth and act in the public interest. These are dangerous times in Durham County and our country. The judiciary has to remain as that impartial, non- political source of reason and fairness that tries to hold the fabric of our society together and to give everyone equal footing to be heard and to receive equal treatment under the law. My experience includes working in the district attorney's office for over 14 years, trying violent felonies, and spending over 10 years on the defendant's side. I feel I have the unique chance to use this valuable experience as a District Court judge. I am the mother of two teenage daughters. I feel that my parenting skills also help me to have the reason and common sense to help protect our children and families while making educated and practical decisions on the bench. I want us to live in a safe environment where bad deeds are punished and honest folks can walk the streets in peace. Currently this is not the case, but not due to any fault of our law enforcement officers. They are doing the best they can. These hard economic times are making it worse. I believe we should be at peace in our homes, neighborhoods, schools, workplaces, churches, malls and any places we choose to spend our valuable time. I am proud to be endorsed by the North Carolina Sheriff/Police Alliance. My mother and father emphasized two things: They believe in the value of a good education. I have been blessed with that, graduating from Wake Forest University and Campbell University School of Law. They also believe in public service, where the less fortunate are cared for and are treated without prejudice. They both spent many years as public servants. I have attempted to uphold these values throughout my legal career and my public work, always with the consideration of what is right and fair. I have known my opponent for many years. She is a decent person who has worked for the district attorney's office. She has handled few tough cases and has never defended anyone who is at risk of receiving a lengthy sentence. I wish her well. Durham County needs a tough, fair-minded District Court judge who will use her experience to make the decisions that will benefit the public and will strive to make Durham County a better place to live. We must work together to put public safety and common sense back into the judiciary for the public good. I appreciate the opportunity to run for this position and look forward to serving the public as your new District Court judge. I want to express my deep gratitude to all of you who have helped me, supported me, voted for me and believed in me. God bless you! Freda Bowman Black is a candidate for District Court judge. |
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| abb | Oct 22 2010, 05:30 AM Post #4 |
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http://www.newsobserver.com/2010/10/22/754403/judge-moves-to-prevent-leaks-in.html Published Fri, Oct 22, 2010 05:18 AM Modified Thu, Oct 21, 2010 09:28 PM Judge moves to prevent leaks in sex-tape case HILLSBOROUGH Superior Court Judge Carl Fox wants to make sure pre-trial testimony and evidence in the John Edwards sex-tape case don't find their way onto your television screen. Fox ruled Thursday that depositions in Edwards' mistress Rielle Hunter's invasion-of-privacy suit against former campaign aide Andrew Young must remain confidential. He ordered lawyers in the case to keep videotaped interviews in their possession. "Once this is out, it's out. There's not a whole lot for me to do," said Fox. "The next thing I know, someone's sitting on the television in front of Barbara Walters or somebody like that." Included in Fox's order is a future deposition of Edwards himself, who is not a party in the case but who has been subpoenaed as a witness. "Sen. Edwards hasn't given any interviews about this, and his videotaped depositions ... would have a great deal of commercial value to Mr. Young," said Edwards lawyer Jim Cooney. Edwards' affair with his campaign videographer has already wrecked his marriage and political career. Young wrote about it in his book "The Politician"; he and Hunter have appeared separately on "The Oprah Winfrey Show"; and she posed for a GQ cover story. But the sex tape itself, which Young says he found in garbage Hunter left at his house, remains under seal in the custody of the court. And Fox wants to keep additional information from leaking to the public. Although the judge backed off his initial inclination to prohibit Young or Hunter from seeing the depositions, Fox threatened the parties with jail time if either publicizes information gained through the discovery process. "If it should come to this court's attention that it's being exploited for any reason in the media, I won't hesitate to use the court's contempt authority," he said. "Money is not a punishment here, so we would be talking about [jail] time. This is not grist for the media mill." Under Fox's order, the parties will have to designate what information is confidential and what they knew outside the discovery process. The sharing of evidence will continue over the next several months, and Fox is trying to preserve its integrity until the trial begins early next year. At Thursday's hearing, Young's attorney Robert Elliot wanted to make sure Young would still be free to publicize what he knew before the court process. "People are talking about this case," Elliot said. "We ask that everything having to do with the facts of this case be public." "I'm not in favor of gag orders," Fox replied. But "they talk about it at their peril," he continued. "What they say could come back to haunt them." jesse.deconto@newsobserver.com or 919-932-8760 |
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| abb | Oct 22 2010, 05:30 AM Post #5 |
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http://www.newsobserver.com/2010/10/22/754449/sbi-panel-hears-of-changes.html Published Fri, Oct 22, 2010 02:00 AM Modified Fri, Oct 22, 2010 05:21 AM SBI panel hears of changes The agency that has accredited the State Bureau of Investigation crime lab since 1988 should not be held responsible for failing to find that lab reports routinely failed to fully report blood test results, according to the professional association of crime lab directors. The accrediting agency, ASCLD-LAB, was using standards that have since changed for the better, Jill Spriggs, president-elect of the trade association of crime lab directors, told a legislative committee Thursday. "You can't inspect with today's standards for yesterday," said Spriggs, who directs California's crime lab. "Today, that would have been caught." Spriggs spoke as the head of ASCLD, the trade group that shares an office suite in Garner with ASCLD-LAB. Both groups say they are independent of each other. A highly critical audit, conducted by two former FBI supervisors and released in August, found 229 cases in which SBI lab reports failed to include blood test results that could have been favorable to the defendant. The audit discovered the withheld test results in lab notes taken by analysts during tests. Attorney General Roy Cooper ordered the audit after withheld test results helped lead to the exoneration of Greg Taylor, who spent 17 years in prison for a murder he didn't commit. "We also have to remember, the information wasn't hidden; it was in the notes," Spriggs said. "If it was negative or inconclusive, it was in the notes." The SBI did not routinely give lab notes to prosecutors until after a change in the law in 2004. Before then, a defense attorney had to specifically ask a judge to order the release of the notes. At Taylor's 1993 trial, for example, neither prosecutors nor defense attorneys had the lab notes. District attorneys have said they wouldn't have understood the lab notes if they had been provided. One prosecutor compared them to hieroglyphics. Spriggs was speaking to a legislative committee examining the SBI and the handling of forensic evidence. She told the committee that rigorous international standards will eliminate many problems that crime labs have had in the past. Cooper has said the SBI lab will meet those new standards in 2011. Spriggs spent much of her presentation talking about the blood tests that have helped bring the SBI lab into disrepute. 2-step blood tests Until 2003, blood tests typically had two steps. The first test, the presumptive test, was often performed at the crime scene to see whether there could be blood evidence. The presumptive test has limitations because some plants, chemicals or metals can give a positive result. If the presumptive test was positive, agents would collect evidence - clothes, shoes, a piece of carpet or bedsheet - and send it to the SBI laboratory to run a confirmatory test called Takayama. Before 1997, SBI policy gave no guidance on how to report Takayama test results. From 1997 to 2001, SBI policy said if the presumptive test was positive and the confirmatory test was not, agents should write that the tests "revealed chemical indications of blood." Tiff over Taylor case "That is an accurate statement," Spriggs said Thursday. "A lot of times you got no results. It didn't mean it wasn't blood; it meant you didn't have enough sample, or maybe the sample was old. ...What else is red-brown that will give you a positive presumptive test for blood? There's nothing that I know." Chris Mumma, a committee member who represented Taylor and helped prove his innocence, bristled at that characterization. "The quantity of the sample and the age of the sample were not an issue in Greg's case," she said afterward. "I have a problem with her commenting on the case without having read the case file." joseph.neff@newsobserver.com or 919-829-4516 |
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| abb | Oct 22 2010, 05:35 AM Post #6 |
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http://dukechronicle.com/article/admins-give-overview-uni-budget Admins give overview of Uni budget University administrators, including President Richard Brodhead, discussed Duke’s budget structure at the Academic Council meeting Thursday. Brodhead also clarified recent confusion over administrative bonuses. By Joanna Lichter [4] October 22, 2010 University officials provided a detailed presentation to faculty members Thursday regarding the underlying processes and structure of Duke’s budget. Provost Peter Lange and Executive Vice President Tallman Trask explained the University’s revenue, expenditure and management structures at the Academic Council meeting Oct. 21. James Roberts, executive vice provost for finance and administration, gave an overview of Duke’s accounting system. The presentation followed a request by Council Chair Craig Henriquez and professor of biomedical engineering, who asked for clarification of Duke’s budgetary system. The administrators explained the University’s management center budgeting strategy, which decentralizes resource allocation decisions to academic deans. In this way, deans are primarily responsible for balancing departmental budgets and deciding in which areas to make cuts. “[Deans] have a responsibility to improve academic programs as much as possible and hit the right balance... in cutting programs,” Lange said. “Rarely have we said, ‘You need to make this cut and this is how you need to do it.’” If departments generate surplus revenue, Lange said deans can use this money at their discretion for academic purposes. Lange also elaborated on the revenue sources for Duke’s schools, including the Fuqua School of Business and the School of Law. “The Law School has extremely stable tuition. The likelihood that Arts and Sciences and Law will not hit its tuition target is very unlikely,” Lange said. “For Fuqua, [there are] a lot of tuition programs. Some go up and some go down. They are more dependent on the external environment. The amount of risk in the budget from tuition is higher.” President Richard Brodhead also addressed faculty members, providing a brief update on the Board of Trustees meeting earlier this month. Brodhead said the Board focused its discussion on the endowment, undergraduate admissions and global strategy, among other issues. At Henriquez’s request, Brodhead also discussed a recent op-ed article that appeared in The Herald-Sun, which lists compensation bonuses for several officials in the Duke University Health System and Duke Management Company. Brodhead noted that University administrators did not take any salary bonuses. “[The article] neglected to note that the numbers in question were from calendar year 2008 and thus were from the period before the financial downturn and lack of salary increases,” Brodhead said. “Secondly... people who work at DUMAC and people who work in executive positions in the health system are not compensated with a flat salary—they are compensated with a base salary and then an ‘at-risk’ salary.” In other business: James Siedow, vice provost for research and professor of biology, gave a presentation addressing potential changes to faculty summer salaries. The changes will only affect faculty members who are employed nine out of 12 months and receive federal research funding—excluding medical school faculty and professors who receive non-federal grants. Siedow added that new federal research standards require professors to complete their grants at the same time they receive compensation for their research. “Federal sponsors increased the emphasis to align compensation for effort on a funded project with the time that the effort actually occurs,” read Siedow’s presentation. “In response, Duke conducted a review of nine-month salary appointments and identified issues to address this.” |
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| abb | Oct 22 2010, 05:36 AM Post #7 |
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http://dukechronicle.com/node/153364/talk 4:32 AM October 22, 2010 Fact Checker * ✔Fact Checker will address the issue of bonuses paid to administrators first. Mr Brodhead spins that the bonuses are not that at all, but "at risk" payments that won't be paid in bad years, and will be paid in good years. Sure sounds like a bonus to me. Dick, please be advised that before this issue became incendiary and thus highly embarrassing for you, Duke University itself referred to these payments at "bonuses and incentive payments." Those precise words appear in the IRS Form 990's that were the sole source for all the numbers in the Herald-Sun. Spin away, Mr. President, but you are stuck with the words that your fellow administrators used to classify all of these payments. ✔Now your second point is the numbers in the Herald Sun were misleading because bonuses earned in the 2007-08 year, which was before the financial meltdown, were not paid until 2008-09 when the meltdown was underway. Wrong again, Dick, for the statistics in the Herald Sun revealed only how much money top administrators actually lugged away during the academic year 2008-09 year, making no further representations. Dick, you will recall that year, for you laid off people and froze the salaries of others. ✔In the final analysis, $2 million is $2 million for the Chancellor -- no matter how it accumulates -- and that's an obscene amount of money for someone who decides to work at a "non-profit" institution. That's the point of the Herald-Sun article. Not to mention that the Chancellor is allowed to take enough time off to make another $1 million every year by serving on four time-consuming corporate boards. In the final analysis, here's what is "at risk." Someone working in the Duke investment office, DUMAC, who lugs home a bonus twice the size of his regular salary is "at risk" of being called on the carpet by stakeholders in the University. The President is "at risk" of having to duck their anger. So here's the challenge for you Mr. President. You have all the figures for the 2009-10 academic year. They have been audited. Release them now, instead of getting an extension of the time to file the form 990 as Duke usually does. Fact Checker would like to see the "bonus" "at risk" figures for the first year of the financial meltdown, combined with the base salaries of the second year. Loyal Readers, does anyone want to bet whether FC hears from Brodhead??? ✔As for the Academic Council discussion of the budgetary process, we are given nothing but obfuscation. Yes, the deans of the various schools determine how their budgets will be spent. But the central administration determines what those budgets will be by allocating university-wide resources. Peter the Provost understated the budget crisis at the Fuqua School. Yes it is highly dependent on tuition. And their highly touted, signature Cross-Continent MBA has attracted only half the students the Dean "promised." That's 140 people who are not paying the tuition of $120,100 (yes $120,100). Moreover, Fuqua's corporate education business has fallen off the cliff. Mr. Provost, I invite you to share with us the actual numbers about Fuqua. What reason can there be that stakeholders cannot have this information? ✔The Chronicle says Mr Brodhead informed the faculty the Trustees discussed "the endowment, undergraduate admissions and global strategy, among other issues." There is no detail on any of this. Does this newspaper suppose its readers are entitled to some hint of precisely what was said about items on that list? |
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| abb | Oct 22 2010, 05:40 AM Post #8 |
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http://dukechronicle.com/article/technology-and-classroom Technology and the classroom By Chris Bassil October 22, 2010 As there has been with any form of advancement or progress in the past, there is now considerable hesitancy on the part of some to embrace the educational tech revolution going on around us. Reputable newspapers like The New York Times and the Boston Globe have published pieces that express concern and anxiety over the growing role of electronic media in education, and many professors still disallow the use of laptops in their classrooms. The reasons behind their resistance, though sometimes difficult to quantify exactly, seem to range from personal preference in some cases all the way to societal dissatisfaction in others. Many of these roadblocks may appear to be well founded but hopefully will evaporate in light of more careful consideration. Take, for example, the charge that is probably the most frequently levied against laptop use in the classroom, which is that the personal computer, rather than enhancing a student’s learning experience, serves instead as a distraction. The underpinnings of this problem are obscured by the obviousness of this observation. Of course the laptop offers the opportunity for distraction in a classroom setting; that is undeniable and is not in dispute. However, it’s not the fault of the laptop that a student becomes distracted any more than it is the fault of the Sudoku puzzle in the back pages of the newspaper that they’ve brought with them. It is up to each and every student to maintain his own focus during class, and the mandate against the computer misses the mark in that it is an attempt to inspire attention in students that could be more adequately fostered by alternative means. After all, if a student spends the entirety of his semester in lecture on Facebook and his test scores do not suffer, then I would suggest that it is not laptop usage that that professor needs to be evaluating and reforming. The suggestion of personal responsibility is not an unreasonable one. In fact, it follows the pattern that society has set for almost anything that is capable of abuse: alcohol, tobacco, fatty foods and even exercise. It is up to consumers to use responsibly, and their motivation is, or at least should be, derived from their sole implication in the consequences of failing to do so. But there is another, far more subtle repercussion of the presence of the laptop in the classroom, and that is the silent restructuring of the educational hierarchy. Traditionally, the economy of the classroom has operated as what can very reductively be labeled the “arrow of information.” The professor disseminates his lesson to the students, who in turn consume it without immediate alternative or complement. Even in seminar settings, in which matters of opinion may be openly disputed or discussed, thus giving the appearance of equitable exchange, the flow of source information is controlled entirely by what the professor chooses to incorporate into readings, handouts and other preparatory devices. The laptop alters this arrangement because it places the student on the same plane as his professor. He now controls the same power over information and the lesson as the teacher, with vast implications for practicality. A student can momentarily delve deeper into a given subject if he feels that the lecturer has not given it enough time, or he can access secondary sources to immediately buttress an argument he is preparing to make. He can clarify basic points of personal confusion without slowing down a seminar discussion in order to do so. In short, the laptop helps to synthesize and centralize the daily learning experience so that it occurs holistically and in a sort of “real-time” setting. If anything, it has the potential to increase a student’s focus on a given subject, should he be that aforementioned sort of student that seeks to harness the aid’s true capacity in the classroom. Unfortunately, even these arguments, solid as they may be, fail to totally see the point, and they share their pitfall with the naysayers. Whether the laptop is supremely beneficial or the most superfluous of distractions is irrelevant, and moralizing on the topic is ultimately a waste of time. It is here, and it is becoming increasingly incorporated in the settings of work and education. Rather than resist or promote this inevitable revamping, it is ultimately more important simply to accept it and to become acclimated with the contemporary classroom frontier that it seems to be bringing along. By moving past personal feelings on this new aspect of education and instead hastening to streamline interaction with it, an individual can help to guarantee himself further success in his field, whatever it may be. If only the strong survive, then those who until this point have abstained might be wise to catch up. It’s better late than never. Chris Bassil is a Trinity junior. His column runs every Friday. |
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| abb | Oct 22 2010, 06:10 AM Post #9 |
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http://www.americanthinker.com/2010/10/juan_williams_welcome_to_imusv.html And we are witnessing the same thing in the Juan Williams NPR dust up, with liberal NPR doubling down on the move while conservative talkers are coming out of the woodwork to support Williams. Where are Jesse Jackson and Al Sharpton? Hassling white Duke lacrosse players? |
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| chatham | Oct 22 2010, 07:25 AM Post #10 |
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Let us hear what BJ billy boy has to say about this!!!! http://www.newser.com/story/103414/general-bill-clinton-lost-nuke-codes-for-months.html General: Bill Clinton Lost Nuke Codes for Months HE 'MISPLACED' THEM AFTER LEWINSKY SCANDAL BROKE, SAYS ANOTHER COMMANDER |
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| Quasimodo | Oct 22 2010, 08:27 AM Post #11 |
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I'm glad someone is noticing this... |
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