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  • A Response to Michael Berube

    By Dean Dad November 22, 2009 9:36 pm

    A few alert readers called my attention to this post by Michael Berube, in which he attacks my response to the AAUP. He even goes so far as to "nominate DD’s post for the coveted Richard Cohen Award for Advanced Wrongheadedness." Clearly, a response is in order.

    Berube's post is a couple of weeks old, since I stopped reading his stuff a few years ago. I mentally consigned him to the same category as Stanley Fish, David Horowitz, and Marc Bousquet -- basically, predictable caricatures of their former selves who jumped the shark some time ago. When Berube did the Punch-and-Judy act with Horowitz, I stopped paying attention. I dimly remember him 'retiring' from blogging, which seemed about right. Apparently, though, he's back, and his ego has only inflated.

    Anyway.

    Berube, who is tenured, attempts to eviscerate my proposal for a contract-based system as a successor to tenure. I say 'attempts' because he never actually engages with it, or with the reasons behind it. His method seems to be to drip contempt from on high (see his photo) and hope that enough sophistry and attitude will make up for the lack of an actual argument. This, from someone whose job it is to teach textual interpretation.

    He accused me of five "wrongisms." (He's an English professor? Really?) As near as I can tell, they're as follows:

    1. He argues that "[T]he reason the AAUP is advising faculty to revise their handbooks anyway is that in the wake of a series of extraordinarily perverse court decisions, this is the best we can do. We have to look to written safeguards in internal institutional procedures because the legal climate is so very hostile. We are not looking for better legal ground. We are looking for matters of professional principle." Astute readers will know, of course, that the hostile legal environment was precisely my point. That's why I noted that "I'd guess that the AAUP would respond that this new initiative is a 'second-best' position, but the fact that it needs one proves the point." Berube neglects to address that. And if you think law is a shaky foundation for protection, I invite you to consider "matters of professional principle." Good luck with that. To make sense of Berube's view, you'd have to accept that laws are easily changed and faculty handbooks aren't. Alrighty then.

    2. He notes that contracts are not always upheld. As opposed to what? "Matters of professional principle"? I'd take the protections of law over the protections of 'matters of professional principle' any day of the week, thank you very much.

    3. He heaps scorn on my point that tenure has become the province of the elite, but doesn't actually refute it. That's because it's true. He notes that the proportion of faculty with tenure has dropped from a high of about 70 percent to a current level of about 25 percent, without drawing the obvious conclusion. How much more does the system have to fail before he'll admit it? Apparently I'm jumping the gun by noticing the decline after a mere forty years. Wouldn't want to rush into anything. Since Berube's powers of textual analysis apparently don't extend to data, I'll close-caption this one for him. THE SYSTEM IS DYING. You're welcome.

    4. This one is so staggering that I won't even attempt to paraphrase. Berube writes: "Dean Dad assumes throughout the post that the AAUP position is that only the tenured faculty have academic freedom. This is badly mistaken. We argue that every single person teaching and researching in a university should have academic freedom.." Did you catch that? He moves from "have" to "should have" as if they were the same. The difference between them -- the difference between "is" and "ought," for those philosophically inclined -- is so foundational to Western thought that to conflate the two is typically considered either psychosis or sophistry. My discussion was based on the observation that whenever someone proposes an alternative to tenure, the first line of attack is always academic freedom. From that, I assumed that the AAUP connected the two. If it doesn't, then why is that always the first line of attack? If tenure isn't necessary for academic freedom, then why is tenure necessary at all? If academic freedom is crucial, yet not connected to tenure, then what, exactly, protects it? I propose law -- contract law, specifically -- and economics, described below. Berube proposes what, exactly?

    5. The 'defuse the cheap shots' line. This is where Berube goes for the gusto. It's worth quoting. "I keep trying to imagine Roger Kimball saying, “I used to get all squicky about queer theory, but now that universities have scrapped tenure, bring on the fabulous challenges to heteronormativity.” Or Daniel Pipes saying, “I used to target anyone who didn’t toe the Likud line, but now that universities have scrapped tenure, let a hundred critiques of Israel bloom.” Or my old friend David Horowitz saying, “I used to have a list of dangerous professors, but now that universities have scrapped tenure, Bill Ayers is just all right with me, whoa yeah.” That's cute. But if you think that the real threat to academic freedom is David Horowitz, then you need to get out more.

    The real threat to academic freedom isn't some wingnut in a think tank. It's economics. As I mentioned in the next day's post, it's easier to get out of a bad marriage than to get out of a bad tenure decision. If you want to make full-time status more available, the first thing to do is to lower the cost of a bad decision. Since tenure is forever but a contract is finite, a contract system reduces the downside risk of a bad hiring decision. Lower the cost of hiring, and there will be more. The reason that only a quarter of the professors across the country are tenured isn't that David Horowitz threw a hissy fit in the 90's. He's not that important. The trend started decades before Horowitz ever 'named' anybody. Of course, if you've made your professional name by duking it out with Horowitz, then there's a very good reason to overstate his importance. Oh, no, The Big Bad Horowitz is coming! Somebody save us! Look, up in the sky! It's an English professor looking down on the entire planet!

    Puh-leeze. Even Berube seems to sense the implausibility of this position. In the one glancing recognition of economics in the entire piece, he concedes that "Well, sure, tenure is always going to be a target of public ire and resentment, particularly when unemployment is rising, entire company towns are shutting down, and the banksters of Goldman Sachs, together with 25 percent of college professors, are making out like bandits." Okay, that's a start, let's go with that. (For the record, "public ire and resentment" captures pretty well the "cheap shots" to which I referred. I guess it only counts when he says it.) Let's add several decades worth -- again, predating anything Horowitz said about faculty -- of tuition increases beyond inflation, of increasing student loan burdens, and of idiotic political choices. Add 'hiring freezes,' cuts by attrition, and the pincer movement of more graduate programs (to generate TA's) and fewer job openings for faculty. Now we're starting to grasp reality. Even in the deep blue states of the Northeast, where gays marry legally and nobody gives a rat's ass what David Horowitz thinks, higher ed is taking it on the chin. It's not about culture wars. Those are just political cover, when they're even that much. It's about economics.

    I'll grant that legal protections are imperfect. But compared to "matters of professional principle" and personal hauteur, they look pretty good. If Berube has an actual idea, I'm happy to hear it. But snark attacks do not ideas make, and to imagine that the status quo ante can be reanimated simply through appeals to principle is ludicrous. The only academic freedom the current system guarantees is freedom from full-time employment. If you're already tenured, I guess that doesn't seem too bad. For everyone else, not so much.

    Berube concludes with his interpretation of the Garcetti decision. "So remember, folks: if you’re going to speak out about something at your college or university in the course of your professional duties, first make sure that you have no idea what you’re talking about." By that standard, he should be just fine.

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Comments on A Response to Michael Berube

  • not making it up
  • Posted by Ben Robertson on November 22, 2009 at 10:30pm EST
  • "Check out the photo on his blog of him looking down on the entire planet. Seriously. I'm not making this up."

    Uh, that's <a href="http://img.timeinc.net/time/photoessays/2007/poy/putin/vladimir_putin_01.jpg">Vladimir Putin</a>, not <a href="http://english.unc.edu/graphics/michael%20Berube.gif.gif">Berube</a>. But thanks for playing.

  • Posted by Scott on November 22, 2009 at 10:30pm EST
  • I guess you don't know what Berube looks like, or more importantly, what Vladimir Putin looks like, nor do you probably get the Sarah Palin joke about Putin rearing his head over Alaskan airspace. That photo that you contemptuously refer to, twice, you've got it all wrong.

  • Posted by Sherman Dorn , Professor at University of South Florida on November 23, 2009 at 5:15am EST
  • Just a few points:

    1. On the core accusation you make of the AAUP, the November 11 entry is guilty of putting up a straw-man argument. In that entry, you write, "By pushing for discrete policy language on academic freedom specifically, even the AAUP is implicitly admitting that it's simply not plausible anymore to argue that tenure is the sine qua non of academic freedom."

    That claim would require that the AAUP ever did indeed "argue that tenure is the sine qua non of academic freedom." I've been looking through the 1940 statement and here's the closest I could find to what you assume: "Tenure is a means to certain ends..." I don't see there what you think you see. You can argue whether tenure is necessary to academic freedom, and you can make an argument that tenure is the worst evil since New Coke, but it's counterfactual to argue that the AAUP equated the two as a matter of organizational policy statement.

    2. The difference between normative and descriptive statements does not strike me as particularly persuasive about the elimination of tenure as a way to improve academic freedom. If you've read the AAUP report, you'll see where it discusses the broader dilemma Bérubé mentions, that the downward spiral from Pickering to Garcetti and beyond particularly disadvantages public employees who speak up in their area of expertise and who participate in key institutional decisionmaking. How you can drive through the end of tenure to eliminate that problem is a mysetery to me.

    3. The spawn of Garcetti is separate from the economic pressures encouraging adjunctification. If anything, I suspect adjuncts would be least susceptible to an institutional defense of termination via Garcetti because of their marginal position within institutions.

  • Posted by josh on November 23, 2009 at 5:15am EST
  • Perhaps if you had kept reading Berube or Bousquet over the years you may not have so completely misunderstood his or the AAUP's position. But hey, when you just lump ideas you don't like into "predictable caricatures of their former selves," I guess that's what you get.

    As a dean, it's pretty obvious why you'd seek to find an administrative solution for something that should be a faculty decision (unless you're one of those ever-more-rare deans who actually maintains an academic life). But it's also painfully obvious that you have blinders on.

    You state the long, slow death of tenure is a result of the economy. Bullshit. It's a result of the awful misallocation of funds at the college/university, state, and federal levels. Even in the face of a bad economy (as if it's ever good, right? I mean, it's been in crisis since at least the 1970s...), colleges and universities are still amongst the wealthiest institutions in the country. Athletics budgets keep growing, questionable facilities projects are developed, administrative salaries keep growing and new positions added (new Vice President for Mission anyone?!?), and so on. And those not in the same position as Harvard and it's enormous endowment or Ohio State or U of Illinois and their relatively stable budgets, it is administrative thinking that has exacerbated their problems. Turning to adjunct labor was not the result of some objective budget crisis. It was part of a manufactured one.

    Besides, Berube's point is that contracts won't actually benefit anyone, as then the administrators can simply wait out the short term contract (I'm sorry, a 5 year contract is not a long-term contract). Because what exactly is a "bad tenure decision" anyway. We hear a lot about the overblown cases like Ward Churchill's, but the abundance of "bad tenure decisions" seems to me to be mostly made up. What Berube is getting at is that the notion of professional principle should trump the law. Contract law and courts break contracts on a regular basis, are easily influenced by money, and are notoriously finicky when it comes to issues of free speech in the context of the workplace (finicky is putting it mildly - the Garcetti case basically limits academic freedom from the get go). Basically, the law actually serves as a lesser, more limited protection than does professional principle. And trying to erode that by claiming "economics" is just frivolous.

  • It was an own goal, but it was a great goal
  • Posted by cartesian on November 23, 2009 at 7:45am EST
  • Projection : (adj.) the tendency to ascribe to another person feelings, thoughts, or attitudes present in oneself.

    Exhibit A:
    "[H]is ego has only inflated ... His method seems to be to drip contempt ... and hope that enough sophistry and attitude will make up for the lack of an actual argument."

    Exhbit B:
    "I stopped reading his stuff a few years ago. I mentally consigned him to the same category as Stanley Fish, David Horowitz, and Marc Bousquet -- basically, predictable caricatures of their former selves..."
    "I'll close-caption this one for him. THE SYSTEM IS DYING. You're welcome."
    "Oh, no, The Big Bad Horowitz is coming! Somebody save us! Look, up in the sky! It's an English professor looking down on the entire planet! ... Puh-leeze"

    The twelfth kind of wrongness in the Nicodeman Ethics: Autohumiliation

  • Posted by Chairman Mom on November 23, 2009 at 7:45am EST
  • "He accused me of five "wrongisms." (He's an English professor? Really?)"

    As an English professor I can assure you that coinages and neologisms keep the language alive. English professors aren't grammar enforcers, we're scholars of the tongue and its artifacts. We're into fun with language.

    You also claim, Dean Dad, that Berube drips with contempt and has an inflated ego. I've met him; I'm nobody, yet he was interested, agreeable, human, open to our students, humble, a gentleman. Somebody needs to get off his high horse here, and it ain't (pardon me, isn't) Berube.

  • Tone
  • Posted by Bob Schenck on November 23, 2009 at 9:30am EST
  • I don't understand why you adopt this breezy, catty, bitchy tone. Isn't that what you were complaining about in your critic's opinion?

  • Wow
  • Posted by New Prof on November 23, 2009 at 9:30am EST
  • you need to take criticism better. I expected more from you Dean Dad. Much of what you accuse Berube of you seem to have fallen victim to.

    Please chill.

  • Posted by Ahistoricality on November 23, 2009 at 9:30am EST
  • Berube does have his partisans. Why, I don't really know, but he does. And he sure does type fast.

  • Generational
  • Posted by mellibel on November 23, 2009 at 11:30am EST
  • The changes in tenure are a result of a cultural shift. Our generation doesn't want to be burdened with that type of commitment to an institution. In case you haven't noticed, it isn't all about money either....it's about time and recognition.

  • Environment and Execution.
  • Posted by employed on November 23, 2009 at 12:45pm EST
  • Out of the five points, I think the first and second notes are really the sticking points. While contracts may be broken, at the end of the day in reality, the law provides a greater safety net and another avenue for successful recourse (and arguably greater chance of success) than professional principle alone. That may not be the environment that the AAUP desires, but it is the environment that we have, and working within that environment will most likely lead to a greater number of positive results then complete denial of said environment (in my experience).

    Unfortunately lumping a discussion of tenure into this response of the AAUP’s actions falls upon a similar question as posed above: “If academic freedom is crucial, yet not connected to tenure…” Assuming that academic freedom is not connected to tenure then removes tenure from the discussion as the response is about the AAUP and their response to a legal environment that is not conductive to academic freedom. From a practical standpoint in debate, it also removes tenure as a red herring for people to latch onto.

    So while I agree with some of the points articulated in numbers three through five, I think the effect is barely above “stirring the pot” which appears to overshadow the first two sections.

  • Posted by talleyrand on November 23, 2009 at 2:00pm EST
  • So of the comments above that I read as critical of DD's post, only Sherman Dorn's offers substantive objections, and these really are fairly small, perhaps even quibbles. It just looks to me as though, even though DD did match Berube's tone tit for tat, which may not be fully wise, DD has the cogent arguments here.

    With the exception of Dorn, all the responses from the other side of the aisle so far are unadorned bluster. Is there a cogent counter-argument, or not, folks?

    Just sayin'.

  • Written in Stone
  • Posted by unemployed academic on November 23, 2009 at 2:00pm EST
  • At a moment when corporate capitalism is in severe crisis, new options are emerging in South and Central America, and even parties in the US (i.e. -- the protestors in California, Illinois, and other places the corporate media covers only tardily) are growing restless, it seems foolhardy to assume that our current economic system is written in stone. There is nothing inevitable, natural, much less, divine, about the ideology espoused by the wealthy elites who are dictating the policies that lead to administrative attacks on faculty governance. Corporate plutocrats will continue to work to vitiate the democratic structures in academia that resist their top-down models of the workplace, but that doesn't mean that they will continue to succeed, as they have for the last forty years. The "economics" dictating an end to tenure is really a political ideology emanating from our elites who are trying to suck every last bit of value out of our society with their "blood funnels" before the system collapses and they move on to the other parts of the world they are sucking dry. To say that "economics" dictates the end of tenure is merely to concede the field before the battle.

  • I'm with WOW
  • Posted by Dave , retired at Arizona State on November 23, 2009 at 2:15pm EST
  • I agree with Wow above. The important discussion of the future of tenure is not much advanced by personal attacks, which tend to put the writer in the forefront and the argument in the background. This is an appropriate strategy in addressing an audience that already agrees with you, but it is not especially effective with those uncertain and therefore persuadable. Disappointing,DD. You usually do better.

  • Wrongisms
  • Posted by Jeffrey , Chair, English on November 23, 2009 at 2:30pm EST
  • Dean Dad: I agree with "cartesian" above. I'm reminded of what Hemingway said of Mencken: "He's written about everything he knows; now he's moved on to everything he doesn't." Time to hang up your blogging cleats.

  • Posted by anonymous , staff member at a college on November 23, 2009 at 4:45pm EST
  • Apparently I'm in the minority in siding with DD on this one. I agree completely with the comment that Berube, Bousquet, and the like have become "caricatures of their former selves." It is totally true. At some point along the way their positions became their identities and they lost any ability to rationally argue the topics.

    I also agree with DD's core arguments (to which I've seen no substantive rebuttal):
    * Contract law is the best mechanism for protecting academic freedom. If you think that contract law is subject to corrupt courts that are influenced by money, then A) we're screwed anyway and academic freedom is the least of our worries and B) do you think that professional principleis less easily corrupted? I thought everyone assumed administrators were corrupt and devoid of principle to begin with. You can't have it both ways.
    * Tenure is dying. The data is undeniable. And if you didn't laugh out loud at the closed caption comment, then grow a sense of humor.
    * Tenure is dying because it's too expensive (from an economic perspective, not a financial one). And to a previous commenter, 5 years is a long term; there are a *lot* of people who work without any contact whatsoever and with no protection other than anti-discrimination laws. Yes, administrators will wait out 5 years to get rid of someone who doesn't fit. It's a damn sight better than waiting 35 years. But the number isn't *that* important. Make it 7 years. Hell, make it 10 years. But the longer you make it, the higher you raise the opportunity cost of the hiring/personnel action. Organizations (higher ed institutions or otherwise) simply won't bear the risk of an all-in bet (tenure) when alternatives exist (contracts, adjuncts, etc.).

    And I love the bitchy tone. It's called for when someone is acting like a bitch.

  • There is no such thing as tenure ...
  • Posted by CCPhysicist on November 24, 2009 at 5:30am EST
  • Very early in my career, a senior professor showed me the union contract that governed his "tenured" position at the university and pointed out the specific places where it was granted by that contract and how it could be revoked for a variety of reasons, some reasonable and some capricious. We have seen several instances of the latter reported in IHE and elsewhere recently - and I have heard of additional instances - where alleged financial exigency has been used to fire a narrowly defined group of tenured faculty. Were contracts less than airtight because those involved thought they had an irrevocable right to that job? Probably, because I know lots of tenured faculty who don't know what is in their contract.

    If you think contract law can't help you, how will a "principle" protect you? The lawyer posting in Berube's blog cited above said contract law was a "slim reed" to protect you right after writing at length about the failure of the complainant to make full use of the civil service protections and grievance procedures that were part of his employment contract, and pointing out how important it was to pay attention to the state-specific procedures that protect a t-t professor. IANAL, but I think his paragraphs say more about the importance of clear contracts than his last throwaway line. Now, shouldn't adjuncts get a similar contract? Who fights for them?

    I also don't buy the fantasy that no one has ever claimed that tenure has as one of its main purposes the protection of academic freedom. It might not be in some formal AAUP document, but it sure is everywhere else - from the AAUP 1940 statement ["Tenure is a means to certain ends; specifically: (1) freedom of teaching and research and of extramural activities, ..."] to non-union professors to Wikipedia (the entire second paragraph). Little of this discussion has addressed how off-track faculty get the means to that end.

  • CCPhysicist's partly right
  • Posted by Sherman Dorn , Professor at University of South Florida on November 24, 2009 at 7:45am EST
  • CCPhysicist makes the more cogent arguments here on the value of contract and of tenure. Let me address them in reverse order:

    1. There's a difference between saying that "tenure has as one of its main purposes the protection of academic freedom" (certainly the AAUP position) and saying that "tenure is the sine qua non" of academic freedom. In the first case, tenure is a tool. In the second, it's the same thing. My comments to DD's original entry on this explain why it's important to understand the difference: I hypothesized that there is a protective value for the entire institution when a critical mass of faculty have tenure. That makes tenure different from contract law. (There is a very, very rough parallel to civil-rights activism; see Robert Norrell's Reaping the Whirlwind, where he documents the Tuskegee area's voting-registration activists who were federal employees at the military facilities and thus somewhat insulated from job pressure that those who had jobs with local employers were fully susceptible to.)

    2. In the real world that all of us live in, academic freedom is protected by a combination of contract law, competition for faculty, normative professional standards, the risk to institutional reputations, the experiences and attitudes of the general public, etc. Lawsuits, administrative proceedings, and AAUP investigations are relatively slow and uncertain affairs. Anyone who is fired unjustly may receive compensation or a job back, but there is an undeniable loss to the individual, because being "made whole" in a legal context does not give you back a few years of your life that are lost in the meantime. The value of such compensation, and of tenure, is to stop most bullheadedness of administrators or politicians by creating predictable consequences for violating academic freedom and academic due process. Faculty and students will always need multiple tools available to preserve academic freedom from encroachment. To say that Tool X Is It in terms of protecting academic freedom ignores the way these potential consequences interact.

  • If it's obsolete, then why..
  • Posted by Barry on November 28, 2009 at 12:45pm EST
  • mellibel:

    "The changes in tenure are a result of a cultural shift. Our generation doesn't want to be burdened with that type of commitment to an institution. In case you haven't noticed, it isn't all about money either....it's about time and recognition. "

     

    Then that would explain why tenure-track job openings don't attract any applicants any more :)

  • Where's the J.D.?
  • Posted by Frank on December 11, 2009 at 8:00pm EST
  • " .. Berube concludes with his interpretation of the Garcetti decision ..

    When did Mr. Berube get his law degree?

    Oh. He doesn't have one?

    When did Mr. Berube work as an asst. DA, per the Garcetti case?

    Oh. He didn't?

    Apples v. oranges, people?