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Conservative Group Says Inside Information Got Out

A conservative think tank has filed a lawsuit against three former senior employees and a donor, charging that they took with them proprietary material needed to start and eventually sustain a competing stand-alone foundation. The Intercollegiate Studies Institute says the accused are guilty of, among other things, misappropriating trade secrets.

Those include a confidential donor database of faculty members at colleges across the country who are “sympathetic to ISI’s aims,” directories of scholars and academics who have taken part in the group’s summer programming and a forthcoming manual on how to build centers at colleges focusing on the study of the country’s founding principles, according to the suit, which was filed in a Delaware state court.

“The misappropriation and conversion is particularly pernicious because many of the materials taken have no relation to ISI’s work with this particular donor, and instead are confidential, proprietary information that ISI has painstakingly put together over its five-decade history,” the suit says.

The faculty database is highly sensitive, it adds, because many of the contacts have asked for and been promised confidentiality because their views “may be treated with hostility on their campuses.”

The three ex-employees named in the suit all are listed as employees of the Jack Miller Center for Teaching America’s Founding Principles and History, which formerly was an internal division of ISI but is now independent. The suit says the employees were terminated in late September. Miller, the donor, contributed regularly to the center.

Michael Deshaies, a Miller Center spokesman, said officials would have no comment on pending litigation. Michael Ratliff, listed as president of the center, told The News Journal of Wilmington, Del., which first reported the story on Thursday, that the suit’s claims are “unfounded and they are entirely misrepresenting the facts.”

Lawyers for the intercollegiate institute didn’t return messages for comment. The group says it has been damaged by the release of the proprietary information. It is also calling on Miller to honor payments totaling $1.875 million that he promised to give this year and next.

According to the suit, ISI approached Miller in 2004 about establishing a center dedicated to “founding principles and civic literacy.” He provided funding for the center, which hosted summer programming in which dozens of professors and teaching assistants with goals similar to ISI’s learned to write syllabuses and grant requests.

The relationship between Miller and ISI turned sour this year, according to the suit, and Miller recruited some of ISI’s top officials to take the center elsewhere. The employees informed ISI of their decision to leave last month, and the suit says they spent their final days gathering proprietary information.

Once ISI became aware of the employees’ actions, they were terminated, the suit says. It alleges breach of trust and “deceit.”

Miller sent a letter on behalf of his foundation saying that he had been dissatisfied with ISI’s initiatives and the way the group was being run. But ISI says Miller had continued to donate throughout early 2007 and was mostly upset about having to share name recognition on funding projects.

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Comments

taste the irony

So, let me get this straight. Think tanks are generally non-profit institutions dedicated to improving humanity. University faculties are all “liberals” that seek to brainwash kids. A think-tank is angry because some of its employees stole its trade secret, which is which faculty members are not “liberal.” (They call these people the “Faculty Associate Program.)

I like how their employees are referred to as “top lieutenants.” (p. 4). Also, paragraph 14 goes a little something like this, “ISIS works to ‘educate for liberty’ by identifying the best and brightest colleges students at our nation’s institutions of higher learning and nurturing in these future leaders a better understanding of the economic, political, and spiritual values that sustain a free and virtuous society. ISI seeks to enhance young people’s knowledge of our nation’s founding principles – limited government, individual liberty, personal responsibility, the rule of law, a free market economy, and moral norms.” Then they went to court and asked the court to sort the mess out.

The next paragraphs go on to explain their projects and strategies to “enhance” views, but not brainwash people and develop courses to push the views of their donors on students (which in the later pages they explain how the defendants made it difficult to do).

Larry, at 7:20 am EDT on October 19, 2007

What’s Ironic?

You’re right: left-of-center faculty never assign readings and take up topics that they hope will nudge students to see the world in ways that those professors think valuable, even urgent. So when a conservative hopes that things they consider valuable or urgent should get a hearing — say, readings by authors that progressives don’t happen to find as interesting — then -that’s- brainwashing...

Gerard, at 7:50 am EDT on October 19, 2007

So Sue Me! Oink! Oink!

So lets get this straight. A typical inbred intellectually bankrupt right wing think tank sues another for using their own dirty tricks to start another short sighted and intellectually bankrupt right wing think tank! Since when is historical intellectual dishonesty a trade secret? LOL! Guess they’re upset that this new useless group will use these same dirty tricks and intellectually dishonest fairy tales to deceive the American people better than they do! WAY TO GO PARTY OF GOD! And you wonder why every one with a few brain cells firing sees these crackers as a joke? Keep it up! Which car full of clowns is Horowitz siding with today? The one with the bigger, browner noses to match their shirts? Its a laugh a minute lately! Right on time for the Islamo-Fascist Week Buzzword Blitz! Keep it up. Prove your irrelevance again! Nyuk, nyuk, nyuk!

Diogenes, LOL, Pwned!, at 8:05 am EDT on October 19, 2007

the business of donor-appreciation

Gerard, Do you people really think that students are brainwashed? After all that admissions hype about finding the smartest students, do you really think that students are unable to critically analyze course material?

Anyway the complaint was a neat window into what many of us already know: the there is big business in “organizing” for political purposes and claiming to be a victim. Whether this group has any success in its stated goals is doubtful, but its leadership gets paid a salary, and therefore it can be said to be some kind of success.

Larry, at 8:05 am EDT on October 19, 2007

Jack Miller and ISI

The Intercollegiate Studies Institute has taken down the Jack Miller Center for the Teaching of America’s Founding Principles website, but you can look at the cached version.=============

Intercollegiate Studies Institute The Jack Miller Center for the Teaching of America’s Founding Principles Join the Miller Center effort today.http://72.14.209.104/search?q=cac...hl=en&ct=clnk&cd=3&gl=us

Kathleen, at 8:15 am EDT on October 19, 2007

Same Difference!?

Gerard, Yes professors do assign work with the express purpose of getting students to consider viewpoints different then their own...I thought that was why colleges exist, so that professors can profess!

How is that the same as a “think” tank which indoctrinates those responsible for giving students their assignments?

The “liberals” are always a step behind the extreme right when it comes to putting fanaticism into action. Where is the liberal think tank with a mission to turn academes into evangelists. Oh right...that just happens spontaneously once people have the tools to think for themselves!

Bob, at 8:35 am EDT on October 19, 2007

Sounds fairly simple

I see what entices people to post snide comments with this article: two conservative institutions airing dirty laundry. However, the core issue as I see it is very simple. Did employees of or donors to the Jack Miller Center for Teaching America’s Founding Principles and History or ISI take, without permission, proprietary databases from ISI? If so, it seems that ISI ought to be compensated.

rkevins, OBM, at 11:10 am EDT on October 19, 2007

As a moderate Republican, I find this episode both sad and predictable (and I’m not even talking about the idiotic glee expressed by some of the far left posters or the bait-and-switch avoidance of the issues exhibited by some of the more conservative posters).

I’ve noticed for the better part of the last decade that hardcore conservatives have learned a couple of interesting lessons from those on the far left: first, that one should couch one’s arguments in terms of “diversity,” and second, that there’s great rhetorical power in casting oneself as a victim. By shifting the locus of ‘diversity” from race, gender, and sexual orientation to “viewpoint diversity,” and by portraying rightist faculty and students as victims in an oppressive system, conservatives have drawn much attention to their cause.

Buut the pursuit of victim status is not without risks, as anyone who has ever witnessed a brutal internecine debate among feminists or Marxists can attest. Could this latest episode mark the beginnings of more in-fighting between academic conservatives, similar to what has gone on among leftist groups for many years now? That remains to be seen.

TRM, Associate Professor at Regional Public University, at 11:30 am EDT on October 19, 2007

Neat-o

How can I get a gig at “Regional Public University?”

Jon R. Pike, soon to be tenure track, at 12:40 pm EDT on October 19, 2007

The fringes of trade secrets

rkevins, I should note that the issue of whether these lists are really “trade secrets” is a little more complicated than in the commercial context. It is unclear whether the plaintiff is really engaged in a “trade” by “working with” its donors (who seem more like clients). So, it is unclear what is actually lost if those donors stop “working with” them. (They won’t come out and admit that they are earning a living off their donors, because it is not considered politically correct to admit that charities actually do make money for their owners, since there should not be “private inurement” in a tax exempt charity.)

Let me put it another way: suppose that instead of spreading their propaganda, they were running a seeing-eye dog training group. One day, some of their employees decide to start another seeing-eye dog group. They figure that their methods are better, and they will select dogs with better eyesight. Or whatever. They also take a “proprietary” list of blind people and donors. Is anyone really hurt by this? Blind people will still get dogs. Donors will still get to help? Oh, the first group might not have as big a “market” for donors, dogs, and blind people, but if this really was a charity operating for the betterment of humanity, why would they care?

Ironically, As a legal matter, this is actually a fairly interesting academic discussion.

Larry, at 12:40 pm EDT on October 19, 2007

In Response To Gerard and Larry ...

I write so many smart-assed responses to InsideHigherEd, it may be difficult to know when I am serious and when I am in S-A mode. I mean this post with complete seriousness.

I have been teaching for 47 years now. I have taught at four tier-one universities, two tier-two universities, and three truly mediocre universities. I have taught mathematics, statistics, social methodology, political science, management science, ed research and evaluation, the so-called quality sciences ... and probably some other stuff as well. All but two of my positions have been tenure track.

I have racked my brain for the past half hour, and, to the best of my ability, I cannot identify a single student I have known during those 47 years that I would classify as “brain-washed.” Not even close. I have had many students – with intellectual perspectives all over the political landscape – that I would classify as “true believers,” but I cannot think of a single one who reached that stage by virtue of being subjected to anything approximating “brain-washing.”

I believe faculty in this country — many of whom tend to classify themselves as leftists, Democrats, Republicans, or right-wing — greatly exaggerate how compelling their and their political opponents’ social and political arguments are. When I overhear students discussing their professors the most common body language I witness is shaking their heads and rolling their eyes.

One reason I have difficulty taking some InsideHigherEd news reports and views articles seriously is that sooooo many respondents imagine sinister political agendas driving every academic decision or action, no matter how far-fetched their associations may be. I think it is just a matter of time until someone blames Ward Churchill for professional management not having a paradigm that drives theory and practice ... or blames David Horowitz because there is not uniform acceptance of the Alverno College assessment theory of pedagogy. I certainly don’t believe in censorship, but I think if IHE effected a temporary ban on any mention of Ward Churchill, Noam Chomsky, David Horowitz, and Ann Coulter (I can name a few others whose proclamations about education are so intellectually vacuous they should not command our attention), the intellectual level of IHE posts would increase by at least one standard deviation. Whew!

In conclusion ... not a single “brain-washed” student in 47 years.

Frizbane Manley, at 12:40 pm EDT on October 19, 2007

agreeing with Mr. Manley

Mr. Manley, To be clear, I agree. Students are not brain-washed. But, there exists an industry that claims to sell-brainwashing services to willing clients. They deny that they are an industry, but they are as much an industry as bookstores, publishers, brothels, TV stations, and dance clubs. From time to time they sue each other.

Larry, at 1:05 pm EDT on October 19, 2007

just in case people want to know about money

Oh, just in case any of you are interested in knowing the salaries of the key players, you can get them on Guidestar.org.

Larry, at 2:50 pm EDT on October 19, 2007

Larry,

I’m curious about your...creative approach to intellectual property and employment law. Is your argument that all non-profit organizations have no trade secrets or other confidential/proprietary information that is entitled to protection, or just those non-profits that you personally disagree with?

Al, at 2:50 pm EDT on October 19, 2007

Al, No. All non-profits. Your question about whether it only applies to things I disagree with is a smear and unfounded. First of all, I am not “saying” but rather I am “saying” that it is disputed. I was not saying that people argue that they are not entitled to any protection, but I am saying that the value of their trade secrets is negligible (since they are not operated for a profit), and that courts should not exercise their equitable power in trade secret disputes between dueling non-profit corporations that both supposedly operate for the greater good of society. (This analysis doesn’t apply to patents or copyrights for other reasons not relevant here.)

Larry, at 3:10 pm EDT on October 19, 2007

ProfessionalLoquacity?

Wasn’t it the CEO of a health food store, that was found to be anonymously posting on open bulletin boards, to verbally bash and run down a competitor?

I wonder what a professional prevaricator might earn for writing on a forum such as this? Anyone over at UOP have an educated guess?

Dr. F. Gump, at 10:25 pm EDT on October 19, 2007

I am a professional at a fairly large private foundation that funds in the educational arena. The facts of this case seem fairly straightforward and, if accurate, quite serious. As a private foundation we must handle proprietary donor information on a daily basis for hundreds of grantees. We must observe absolute professional confidentiality because of the significance of such information which is the lifeblood of most nonprofit organizations — including, by the way, universities and colleges which regularly raise hundreds of millions of dollars in private donations. I am startled by the politicization of the comments in response to this article, and more than a little surprised at the level of discourse. Those of you who are currently students or faculty of institutions of higher education should realize that your college or university would engage in similar litigation tout de suite if several senior employees in the development department engaged in what the defendents are accused of having done. This has nothing to do with political leanings. The nonprofit world may be engaged in mission-driven work instead of profit-driven work but the nonprofit organization is still a business. If a proprietary donor base was indeed stolen by employees, for whatever purpose, this is a very serious issue. The frivolous political sniping is disappointingly fatuous.

Anonymous, at 8:25 am EDT on October 20, 2007

“Buut the pursuit of victim status is not without risks, as anyone who has ever witnessed a brutal internecine debate among feminists or Marxists can attest.”

TRM, are you suggesting feminists seek to be viewed as victims? That would be interesting. I thought the point of feminism was to empower women so they do NOT feel like victims.

Personally, I don’t feel like I am a victim of society even though I have a vagina.

As for Marxists....I guess I can’t comment because I’m neither Marxist nor socialist. Perhaps you could lend me some insight on this one.

Finally, I have to admit I don’t really understand most of the hoopla associated with this article. I guess I don’t grasp “proprietary” and its complicated nuances. Seems to me if something is proprietary, it has to be labeled as such. So if the list was proprietary, it should have been labeled, no? Or maybe it was? In the government world, anything restricted is labeled as “secret” or “confidential.” This cuts down on confusion and doesn’t put the onus on employee judgment calls which historically are inconsistent at best.

kgotthardt, at 10:00 pm EDT on October 20, 2007

On the Question of Fanaticism

There appears to be very little actual willingness to understand this situation, or the nature of the group and people involved. Yes, the Intercollegiate Studies Institute is a conservative organization, but it is a group that is far from “doctrinaire” or an extension of the Republican Party. I.S.I.’s conservatism is mainly manifested in its support of a college curriculum built around the “canon,” or the fundamental texts of Western civilization from Homer to Plato, from Aristotle to Aquinas, from Hobbes to Locke and the American Founders. There are legitimate debates over what should be taught in college classrooms, but an argument on behalf of a classically-based core curriculum is not “fanatical,” as a number of commentators here suggest. In fact, most people I have met through I.S.I. are the very antithesis of fanatic: they are deep and abiding opponents of fanaticism in politics, whether manifested on the Left or the Right (for example, while most lean Republican, many I have met have been opponents of the President’s war in Iraq from the outset); many are critical of unbridled free market capitalism, particularly due to the corruption of culture that invariably accompanies free markets; and this past weekend, I.S.I. sponsored a conference in appreciation of the novelist, poet and essayist Wendell Berry who for many decades has commended conservation and a care for the earth, and who in his younger years was an ardent opponent of the Vietnam War.

Based on many of the gleeful responses here by people on the Left who automatically assume that the opposition are mindless or idiotic fanatics, I would suggest that they consider looking in the mirror, or, if they claim to be scholars, to strive to understand of what they speak before they speak or write. There might be many ways to understand this fight, but one very plausible way is to be found in the very texts commended by I.S.I. in a core curriculum (and perhaps not read by Jack Miller), namely, the permanence and insidiousness of human vanity and the dangers of limitless craving for glory.

Burkean Conservative, Associate Professor, at 5:45 pm EDT on October 22, 2007

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