Continued, mandatory tenure systems for law professors got a high-profile vote of support recently from two past presidents of the Association of American Law Schools. Robert A. Gorman, professor emeritus of law at the University of Pennsylvania, and Elliot S. Milstein, professor of law at American University, sent a letter to the American Bar Association in favor of its current requirement that law schools offer professors a system of earning tenure as a condition of accreditation. That stipulation has come under fire in recent years, and it is now under review by the ABA’s Section on Legal Education and Admission to the Bar. The reviewing council has asked for comment on several proposed alternatives to that requirement, one of which does away with does away with the tenure requirement entirely. Another requires enough “security of position” for faculty to ensure academic freedom and quality recruitment, but does not require tenure as it is traditionally understood. In their letter, Gorman and Milstein argue that it is a necessary condition of employment, given the unpopular positions law school faculty members must argue. Judges and civil servants enjoy tenure-like conditions, they argue, and those who disapprove of tenure frequently misunderstand it. It’s a not a guaranteed job for life, they say, but a means of attracting and retaining top educators.
In an email, Milstein said: “As both teachers and scholars, law professors often play an important role in a society built on the rule of law, to be critical of injustice and advocate for change. Furthermore, clinical professors and their students represent clients whose positions are sometimes unpopular with the powerful. Internally, law school governance is often a process in which what will be taught, how it will be taught, to whom, and by whom are contentious issues. Decisions about what is valued in a law school have an effect on the nature of the legal profession and concomitantly upon law itself.”
In addition to the authors, 14 other past presidents of the Association of American Law Schools have signed on. Barry Currier, managing director of accreditation and legal education at the ABA, said the council had received the letter and added it to a growing list of feedback on the tenure proposals. The council is expected to vote on the matter at either its March or June meetings, he said.
The Graduate Student Organizing Committee at New York University late Wednesday announced that eligible graduate teaching assistants had voted overwhelmingly this week to form a union. GSOC, part of the United Auto Workers, reached a deal with NYU last month in which an election could go forward and the university would halt legal efforts to block an election, and would recognize the results of the vote. The move will make NYU the only private university with unionized teaching assistants. A pro-union outcome had been widely expected. The election was supervised by the American Arbitration Association.
NYU released a statement this morning saying: "We were glad to come to a joint agreement with the UAW on going forward with a prompt election and maintaining neutrality during the voting. We congratulate the graduate students and the UAW on the vote. The university will now enter what we expect to be productive negotiations with the union."
Friends and colleagues familiar with my longstanding support of a Palestinian state in the West Bank and Gaza and my extensive criticisms of the Israeli government's expansionist policies and violations of Palestinian human rights may be puzzled that I have weighed in publicly in opposition to the proposed academic boycott of Israel endorsed by the council of the American Studies Association (ASA) and now the subject of a membership vote in that organization. But the fact is that such a boycott is at best misguided. Not only is it the wrong way to register opposition to the policies and practices it seeks to discredit, it is itself a serious violation of the very academic freedom its supporters purport to defend.
The ASA Council, however, disagrees. In an extraordinarily one-sided FAQ on the ASA website, advocates of the boycott assert that, like the AAUP, the ASA "unequivocally asserts the importance of academic freedom and the necessity for intellectuals to remain free from state interests and interference as a general good for society," making no mention, of course, that the very organization they cite, the AAUP, has publicly and forcefully opposed as a violation of academic freedom the very boycott they advocate. Then, in language that can only be described as Orwellian, the FAQ contends that "the academic boycott doesn’t violate academic freedom but helps to extend it. Under the current conditions of occupation, the academic freedom of Palestinian academics and students is severely hampered, if not effectively denied."
I have little doubt that conditions under which Palestinian scholars and students must function leave much to be desired, including with respect to academic freedom, but I wonder how boycotting Israeli universities does anything to improve that situation and thereby "extend" academic freedom. Does the ASA seek to make a general statement about Israeli policies in the West Bank, or is the organization making a statement about academic freedom in Israeli institutions? If the former, one immediately wonders why they do not advocate an academic boycott of Chinese higher education institutions in response to the occupation of Tibet, where conditions for native Tibetan scholars and students are certainly worse than in, say, the Palestinian Bir Zeit University on the West Bank. If the latter, I wonder how they have determined that Israeli institutions of higher learning are so much more culpable than those elsewhere.
As our "Open Letter" noted, the AAUP doesn't have "the organizational capacity to monitor academic freedom at institutions in other countries, nor are we in a position to pick and choose which countries we, as an organization, might judge." Yet the ASA, which has no special academic interest in the Middle East, feels comfortable boycotting Israeli universities while ignoring seemingly more obvious violations of both academic freedom and broader human rights in Iran, China, North Korea, Singapore, Zimbabwe, the former Soviet republics in Central Asia, and Russia, to mention but a few examples.
According to one Israeli human rights organization, Israeli forces killed 6,722 Palestinians between September of 2000 and October of 2013. In Iraq, however, American troops took the lives of more than half a million civilians. That, by the way, is the same America whose "culture and history" members of the American Studies Association are said to approach "from many directions" (quotations from "What the ASA Does"). In 2006 the ASA adopted a resolution condemning the U.S. invasion of Iraq, noting among other things that the invasion "threaten[ed] academic freedom" (whether in Iraq, the U.S., or both is unclear). Were I an ASA member I would surely have supported that resolution. Yet the ASA did not even consider an academic boycott of American universities in response to the American occupation of Iraq as they do now in response to the less murderous Israeli occupation of Palestine.
Well, some might say, they can't really advocate a boycott of themselves, can they? But in fact that is precisely what supporters of this proposed boycott are doing. Omar Barghouti, a prominent Palestinian advocate of the boycott, is himself a former student and part-time instructor at Tel Aviv University. He is one of many Palestinian and Arab Israeli students and faculty at Israeli colleges and universities. As Emily Budick, an American-born Israeli professor of American studies at Hebrew University, wrote in the AAUP's Journal of Academic Freedom:
Over the years I have taken great pride in the achievements of my Arab and Palestinian students. Last year one of my former graduate students became the first woman mayor of Bethlehem. I was similarly thrilled when several Palestinian students greeted me the first day of classes this year to bring regards from another former student of mine who was their teacher at the Arab university where they'd done their undergraduate degrees and who had encouraged them to do their graduate work at Hebrew University. Last year a full 50 percent of my Introduction to American Literature class was populated by Arab and Palestinian students.... If you want to stop Palestinian progress, then boycott the Israeli academics who contribute (along with Palestinian and Arab teachers) to their education and well-being. If you want to further the rights and liberties of Palestinians, then help us continue to provide Palestinian students with the best education we can.
In fact, if there is anywhere in Israeli society where support for a fair and just peace and for Palestinian human rights can flourish it is the country's universities. Boycott supporters are ironically only strengthening the hand of those right-wing forces in Israeli society who seek to muzzle the kind of questioning and dissent, and who reject the spirit of tolerance, that are often found among Israeli and Palestinian scholars in Israel's institutions of higher learning. The ASA foolishly seeks to punish potential allies largely to the benefit of common opponents.
Indeed, the whole idea of boycotting academic institutions in order to defend academic freedom is utterly wrongheaded. Violations of academic freedom can be found anywhere. In the AAUP we encounter such violations, petty and large, on a daily basis in the U.S. In the very worst of these cases, when all efforts to correct the situation fail, we place administrations on our censure list. But that list is not a boycott list. We do not and will not ask our colleagues to boycott institutions that violate academic freedom or that support policies we abhor. Instead we call on people to organize and struggle to effect change in such institutions, both from inside and out. If we resist the temptation to boycott offending institutions in our own country, where we have full opportunity to determine all the relevant facts, how then can we agree to support such boycotts of foreign institutions?
The AAUP does not have a foreign policy; our members may and do disagree about numerous international conflicts and controversies, including the Israeli-Palestinian dispute. But if the members of the ASA can somehow achieve broad agreement on such a controversial question as this one, we would not gainsay their right to pass resolutions on it as they did during the Iraq War. But a boycott is quite another matter.
Finally, I cannot fail to mention that the leaders of the ASA are not conducting this election in a spirit of frank and free discussion. AAUP's "Open Letter" was preceded by a private communication prior to the ASA council's approval of the boycott resolution. The ASA declined to circulate that communication among members and then rebuffed a request to post the "Open Letter" on its website along with other background material on the boycott proposal. The ASA has also declined to inform members of a letter in opposition to the resolution signed by eight former ASA presidents and other prominent ASA members.
By contrast, this fall the AAUP published an issue of our online Journal of Academic Freedom, much of which was devoted to articles calling on us to abandon our opposition to academic boycotts and advocating such a boycott of Israel. Some supporters of Israel criticized us for this, but we stood by our commitment to the journal as an open forum for debate and discussion. The articles attracted a good number of reader responses representing different points of view, all now published as part of the issue along with replies from the original authors. ASA members would do well to compare this to the ASA leadership's approach to dissent. Those seeking to make up their own minds about the boycott proposal should consider the various arguments pro and con published in our journal instead of relying on the one-sided and disingenuous presentations sadly offered on ASA's website.
Henry Reichman is professor emeritus of history at California State University, East Bay; first vice president of the American Association of University Professors; and chair of AAUP's Committee A on Academic Freedom and Tenure.
Details emerged Tuesday about allegations that tests prepared for use at Florida International University were being stolen and sold. The university announced Monday that three people -- two of them students -- had been arrested in such a scheme, but released few details. Officials said Tuesday that the case involved hacking into a professor's email account, stealing four tests, and then selling them to students for $150 each, The Sun Sentinel reported.
This year is the 50th anniversary of Anti-Intellectualism in American Life by Richard Hofstadter, whose greatest achievement, someone once said, was keeping it to just the one volume.
As discussed here a short while ago, the revisionist interpretation of American populism appearing in Hofstadter’s book The Age of Reform (1955) has taken a lot of positivistic hits by subsequent historians. He over-generalized on the basis of a (very) narrowly selected pool of primary sources -- and in the final analysis, he wasn’t really writing about the 1890s at all, but rather his own times, equating the mood and worldview of McCarthyism with the agrarian radicals of the People’s Party. Hofstadter was more conscious of the pressure of contemporary affairs in Anti-Intellectualism, which he wrote was “conceived in response to the political and intellectual conditions of the 1950s.”
It was “by no means a formal history,” Hofstadter wrote, “but largely a personal book, whose factual details are organized and dominated by my views.” I take that to be a concession, of sorts, to historians who were finding The Age of Reform problematic. His strength was the essay more than the monograph. A passage such as the following is remarkable for – among other things -- how its urbane diction just barely subdues the remembered experience of dread:
“Of course, intellectuals were not the only targets of McCarthy’s constant detonations -- he was after bigger game -- but intellectuals were in the line of fire, and it seemed to give special rejoicing to his followers when they were hit. His sorties against intellectuals and universities were emulated throughout the country by a host of less exalted inquisitors.”
It is also remarkable for needing only the slightest change of wording to sound uncomfortably applicable to more recent events. The problem lies not with this or that demagogue but with something deeper. Hofstadter spent 400 pages sounding it out. But the American science and science-fiction writer Isaac Asimov condensed it into one sentence of a column for Newsweek in 1980: “The strain of anti-intellectualism has been a constant thread winding its way through our political and cultural life, nurtured by the false notion that democracy means that ‘my ignorance is just as good as your knowledge.’ ”
Neither as broad in historical scope as Anti-Intellectualism in American Life nor as trenchant as Asimov’s zinger, Aaron Lecklider’s Inventing the Egghead: The Battle Over Brainpower in American Culture (University of Pennsylvania Press) is explicitly framed as a response to another decade – the ‘00s. While challenging Hofstadter’s ideas, Lecklider, an assistant professor of American studies at the University of Massachusetts Boston, follows his lead in responding to a past that, while recent, somehow already seems distinctly periodized.
It was the worst of time, full stop. Figures in the Bush administration were openly contemptuous of “experts,” with all their “knowledge” about “reality.” The Bush-bashers called the president stupid, and his supporters called the Bush-bashers stupid, and there was a TV game show called “Are You Smarter Than a Fifth Grader?” which hinted that the whole country was stupid, and that’s O.K. (It did well in the ratings.) The culture war was fought with the bluntest of weapons -- not between the intelligentsia and the ignorati, but between anti-intellectuals and anti-anti-intellectuals. The latter expression, while clumsy at best, acknowledges something important: anti-anti-intellectual ≠ intellectual. Laughing at a satirical interview with a creationist on “The Daily Show” entails no substantial engagement with the life of the mind.
Much of the edifying conflict was fought out in popular culture and the mass media – terrain that, Lecklider argues, historians and social critics of Hofstadter’s era either neglected, at best, or regarded as stupefying and regressive. Hence their interpretations of American cultural history tended to be narratives of decline.
In reply, Inventing the Egghead presents a series of case studies from the first six decades of the 20th century in which conflicts over the power and the possession of intellectual capital were fought out in a wide range of popular venues: cartoons, movies, jokes, Tin Pan Alley songs, newsmagazines, posters, popular science journals, handbooks on efficient housekeeping, etc.
The chapters proceed chronologically, from the rechristening of a Coney Island park in 1909 as an institute of science (to skirt blue laws) to Einstein as cult figure, to aspects of the Harlem Renaissance and the New Deal “brain trust,” and on up to the stress-inducing utopia of Oak Ridge and the coining of “egghead” as pejorative. The effect is one of cultural history as collage. Running through all these topics and cultural forms is an uneasy and constantly shifting set of attitudes towards what Lecklider calls “brainpower.”
In the author’s usage “brainpower” means the power to acquire or to stake a claim to knowledge and expertise, whether respected and professionally credentialed or not. Conflicts over who possesses brainpower (and who doesn’t) are continuous. So are disputes over its value and limitations. And that flux comes, in part, from the frequently changing needs of an economy that requires technological advances as well as a steady supply of human brains, serviceable as a factor of production.
In short, there were grounds for ambivalence about brainpower -- for reasons more various and complex than some notion of an unchanging American cultural disposition toward anti-intellectualism. “Competing representations of intelligence” in popular culture, Lecklider writes, “could alternately smash the pretensions of an intellectual elite, position ordinary men and women as smarter than experts, appeal to intellectual culture to validate working-class positions, and dismantle intellectual hierarchies. These representations were often uncomfortable and contradictory, sometimes even self-defeating, particularly when the value of intelligence was diminished in order to level the intellectual playing field.”
But other strains of popular culture – a number of distinctively WPA-era posters promoting libraries, for example -- served to recognize and foster peoples’ self-respect regarding their own mental capacities.
Earlier I suggested that “Are You Smarter Than a Fifth Grader?” implied the viewer probably wasn’t. On reflection, that may have been too dour a view. Perhaps the title gives the viewer something to which to aspire. Be that as it may, in the representations of brainpower that Lecklider inspects, the expressions of ambivalence tend more often to have more hostility or disparagement in the mix than respect for self or others. While written, and blurbed, as an alternative to Anti-Intellectualism in American Life, the book ends up seeming like the extensive elaboration and updating of a point Hofstadter made there in passing: "As the demand for the rights of the common man took form in 19th-century America, it included a program for free elementary education, but it also carried with it a dark and sullen suspicion of high culture, as a creation of the enemy."
Some people will bristle at the expression "high culture." They always do. (I'm not overly fond of it.) But that response misses the point, which, again, was put quite plainly by Isaac Asimov a while back. "I believe that every human being with a physically normal brain can learn a great deal and can be surprisingly intellectual," he wrote. "I believe that what we badly need is social approval of learning and social rewards for learning." That is as cheerful a face as can be put on our situation.
Florida International University announced Monday night that university police "have arrested three individuals, including two current students," on charges that "range from dealing in stolen property to theft and burglary." The charges relate to an effort "to gain unauthorized access to exams and sell them to students." An investigation "has revealed that one class in the current semester is impacted with a limited number of students involved," the university said. Florida International's statement said that because the investigation is ongoing, few details can be released at this time. The statement said that "FIU will pursue all avenues to ensure that everyone who is involved is held accountable."