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Thanks to Trump, the Supreme Court Just Left Trans Kids Hanging in a Big Way

Mother Jones

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The Supreme Court on Monday kicked a historic transgender rights case back to a lower court, after the Trump administration changed the federal government’s position on whether trans students can use bathrooms matching their gender identities.

The highly anticipated case, which had been scheduled for a Supreme Court hearing later this month, centers on a 17-year-old transgender boy named Gavin Grimm who is suing for access to the boys’ bathroom at his school in Virginia. Grimm’s case argues that the school’s decision to block him from that bathroom violates Title IX, a federal civil rights law that prohibits discrimination based on sex in public schools. Had the Supreme Court chosen to hear the case, it would have been the first time the justices had ever considered a question about trans rights.

Grimm, who was born a girl but identifies as a boy, started using the boys’ bathroom at school his sophomore year, after doctors diagnosed him with gender dysphoria and recommended that he be treated as a boy. But when parents at his school complained, his school board intervened, saying he’d either need to go back to the girls’ room or use a private bathroom near the nurse’s office. The school board said it was trying to protect the privacy of other students.

Last May, the Obama administration put out a directive warning that public schools could lose federal funding if they blocked trans kids from using the bathrooms of their choice. The directive said Title IX prohibited discrimination based on gender identity, not just based on sex. But in February, President Donald Trump’s administration changed the federal government’s position, saying that it wasn’t sure how to interpret Title IX and that schools could go back to blocking trans kids from bathrooms. Because the 4th Circuit Court of Appeals had relied heavily on the Obama administration’s interpretation in its decision about Grimm’s case last year, the Supreme Court on Monday ordered the circuit court to reconsider the case. Now it’ll be up to that lower court to decide what Title IX means, and whether the law prohibits discrimination based on gender identity.

Over the past couple of years, the debate over transgender rights and bathrooms has heated up nationally. Only one state, North Carolina, has enacted legislation requiring trans people to use bathrooms matching their birth sex instead of their gender identity. But at least 11 other states have considered similar legislation already this year , and schools across the country have instituted similar policies. In an amicus brief filed last week, parents wrote about how their trans children have been humiliated and stigmatized as a result. Many others also submitted briefs in support of Grimm, including nearly 200 members of Congress, dozens of major corporations, 18 states and over 30 US cities, the NAACP, and the National Parent-Teacher Association (PTA).

The issue isn’t just about bathrooms. “It’s about the right of trans people to exist in public spaces,” Grimm told reporters on a press call on Monday. Without access to bathrooms, he says, it’s hard for trans people to sit through class, run errands, or hold jobs.

The case will not come before the Supreme Court again this term, Grimm’s attorneys say, and possibly not for another few years. “We will not have our day in the high court this term but we will continue to fight in the lower courts,” Chase Strangio, one of his lawyers at the American Civil Liberties Union, wrote. “Today our momentum was sent on a detour,” he added in a tweet, “but nothing can stop it. We will fight. We will win.”

Grimm was sitting in class on Monday morning when text messages started flooding his phone with the Supreme Court’s announcement. He was disappointed but vowed to keep fighting. Whether it takes another year or 10, he says, “I’m in it for the long haul.”

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Thanks to Trump, the Supreme Court Just Left Trans Kids Hanging in a Big Way

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Stop Being Shocked That Teen Girls Give a Shit About Politics

Mother Jones

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Over the last few months, Teen Vogue‘s clear-eyed, accessible coverage of the Trump administration has caught the collective attention of the internet. A major force behind Teen Vogue‘s recent work is Lauren Duca, the magazine’s weekend editor. Her piece on Donald Trump’s gaslighting of the American people went viral back in December, as did her powerful response to Fox News host Tucker Carlson, after he suggested on air that instead of writing about politics, she should “stick to the thigh-high boots.” Cringe.

But Carlson’s comment was actually less annoying to Duca than the fawning masses who seem so surprised that a magazine for teenagers can also produce great news commentary. I talked to Duca, whose new column launched last week, about her role in shaping Teen Vogue‘s work—and why the magazine’s political coverage reaches far beyond its target demographic.

Lauren Duca

Mother Jones: How did you start writing politically opinionated pieces for Teen Vogue?

Lauren Duca: Their mode of coverage has been really rigorous and committed to informing their audience since I started in January 2016, and also earlier. I was on the weekend that the Pulse shooting happened. It was really a high level of support editorially for taking these things on in a way that was unflinching and honest. So it was honestly kind of an organic segue into becoming more political as things took on more urgency. My job on the weekends was just to be deciding what the coverage was for the weekend. So that meant everything from Selena Gomez has a new Pantene ad to Donald Trump is lying to the American public. That was the scope of possibilities.

I think the reason they hired me, too—it wasn’t just a random thing. I had a culture column called Middlebrow at HuffPost and a reporting background. But weekend editor is typically a more starting-level position, and they took someone who they knew did a lot of cultural analysis. And when I say “they,” I mean specifically Phil Picardi, the editorial director. So hiring me was a very deliberate choice. It was kind of like, these are the ethically driven people with skills that are already in place. And this was kind of the work that Teen Vogue was already doing. So people being shocked is a little annoying.

MJ: It seems like just since Trump was elected, Teen Vogue has really ratcheted up the coverage. Was there a particular moment that you felt a real shift at the magazine?

LD: When I came on, it was already the kind of place that was doing that kind of thing. The wellness stuff, for example, is political in a nontraditional way. LGBTQ work and mental health work and being frank about sexuality—all those kinds of areas where they’ve been “woke” for a long time. It’s just taking on that mode of informing young women, and just a natural segue into traditional politics.

MJ: So it’s annoying that everyone is kind of fawning and surprised that Teen Vogue is showing up with political coverage.

LD: Yeah, there’s a spectrum of those responses. There’s definitely a mode of stealthy condescension sometimes, where I’m almost relieved by the Tucker Carlson comment in a way. Because the sort of “stick to the thigh-high boots” denial of access to a political conversation is such an explicit version of what I was already kind of itching over with the response. Other versions of the Tucker Carlson comment: “Her last post was about Selena Gomez’s makeup.” And it’s like, yes, it’s possible to do both those things, especially because I was on weekends. That’s part of why I didn’t have a specific beat. But the moment we’re living in right now, a politically active voice is required of everyone, and they’re still allowed to have nonserious interests. And I don’t see why that’s not true for young women.

MJ: Right, it’s just sort of baffling, the idea that teens aren’t political.

LD: It’s so frustrating. Especially because there’s so much political potential for young people. Millennials are now as big of a segment of the population as baby boomers. If we can actually can get everyone to show up and vote and be active, there’s a potential to shape elections for the next 35 years based on those statistics. I think young people absolutely care. They care in different ways. That generational divide, how it shows up in political discussions is especially ugly. It’s all, “Ugh, millennials and selfishness and narcissism, and oh my god, they’re taking selfies.” It’s like, “No, this is how we’re interacting with our world, and it’s different from the way you interact with your world, and by the way, thanks for the mountains of debt.”

MJ: So when you write, are you writing for millennials or teenagers?

LD: The audience for Teen Vogue is young women specifically. I think the reason the Trump gaslighting article did so well was that it wasn’t like, “Hey, teen girls.” It was like, “hey everybody.” I think the idea of political coverage that’s accessible to young women, the reason it took off so much is because so much of political coverage—people feel alienated from it, they don’t necessarily have the news literacy to make sense of everything. Everything is legitimately confusing. I think that things that are accessible to more people are just going to empower more people with information. And I think there are more people reading Teen Vogue now. I certainly get a lot of letters like, “I’m a 64-year-old man, and I certainly never would have read Teen Vogue before.” It’s like, relax. In the column I’m starting, I’m hoping it can be breaking things down and providing resources on what to read and what to prioritize in thinking about all the drain clogging and disinformation from this administration. I would love if that went beyond the typical readership.

MJ: What are you hearing from the actual teen readers of Teen Vogue?

LD: I’m hearing some really cool stuff. I have people doing school projects on me, which is insanely amazing. Yesterday I got an email from a high school junior who was doing a speech on me and my work, and do I have a message for her audience. I was like, this is insane, this is incredible. So yes, it’s reaching the people it’s meant to reach, too.

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Stop Being Shocked That Teen Girls Give a Shit About Politics

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Trump’s IRS Budget Cut, Explained

Mother Jones

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Catherine Rampell notes a contradiction:

This is easily explained. First, Republicans routinely try to cut the IRS enforcement budget as a favor to the rich, who dislike being audited. Second, Trump’s budget, like his tweets, is a showpiece for his fans, not a serious document.

See, Congress is going to ignore Trump’s budget, and he knows it. However, he wants credit for having the guts to shake things up and propose big cuts. This will impress his base, which naively assumes that things like official budget documents are serious stuff. What’s more, years from now, when we’re running monster deficits thanks to Trump’s tax cuts, he’ll be able to say that he tried to cut the budget, but couldn’t get the pathetic lifers in Congress to go along.

It’s all part of the Trump Show, and we are just the audience.

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Trump’s IRS Budget Cut, Explained

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Love in the Time of Mass Migration

Mother Jones

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You can get through Mohsin Hamid’s latest in an afternoon. Not to suggest that Exit West, Hamid’s fourth novel, is frivolous reading. In just over 200 pages, he spans the globe as he tells the story of Nadia and Saeed, a young Muslim couple forced to flee an unnamed homeland—first to Greece and then to California. Falling in love as their city descends into conflict and chaos, the two eventually escape through magical portals, landing in refugee camps and squatters dens where they are confronted by nativist mobs. The crisis and the characters are fictional, but the circumstances feel almost journalistic. “It’s a love story,” Hamid assures me.

Exit West is, in fact, a classic boy-meets-girl tale, but like much of Hamid’s previous work it also tells a larger story of globalization and its discontents. With great compassion, he portrays the profound ruptures in a rapidly changing world. His characters are average people with average ambitions who bear the burdens of mobility—westward, upward, or forced. Given the anti-immigrant sentiment in Europe and the United States, it feels both urgent and much needed.

Hamid knows a thing or two about culture shock. He was born in the Pakistani city of Lahore, where he now lives with his wife and two children, a short drive from the Indian border. But he spent some formative childhood years playing on the manicured lawns of Palo Alto. Since releasing his first novel, Moth Smoke, in 2000, Hamid has won a Man Booker Prize, has had his work adapted for film and translated into 35 languages, and has been named one of Foreign Policy magazine’s “Leading Global Thinkers.” His novels, which also include The Reluctant Fundamentalist and How to Get Filthy Rich in Rising Asia, enjoy international acclaim and bestseller status. But Exit West may be his most prescient to date—an antidote of sorts (one can only hope) in this moment of xenophobic fear and mistrust.

Mother Jones: What was it like growing up between Pakistan and the United States?

Mohsin Hamid: When I was three, my dad went to do his Ph.D. at Stanford, so my mom and I moved with him and we lived in California for six years. I moved back to Lahore when I was nine, in 1980, and went back to the US for college and law school. I worked in New York for a while, then London for the better part of a decade. I have been back in Lahore for about seven years now.

MJ: Was there a sense of culture shock moving back and forth?

MH: There was pretty huge culture shock when I was nine! I had no memories of Pakistan. We hadn’t been back to visit in the six and a half years we’d been in California, and phone calls were expensive so I never really spoke to anyone. There was no internet. I’d never seen Pakistani movies or television, and I’d forgotten how to speak Urdu. So basically I was a Californian kid. I arrived in Pakistan completely unfamiliar with where I was going—and then utterly lost connection with where I’d just been. When I moved back, in 2009, with my wife and our daughter, it was still very strange. Maybe at a certain point, if you’ve moved around enough, everywhere feels a little bit foreign.

MJ: Do you consider Urdu your first language?

MH: This is the weird thing. My second language has become my first, and Urdu has become my second or third language. I started speaking at a very young age, a lot, but in Urdu. So in America, I go play outside in front of the townhouse by the Stanford campus where we live. All those townhouses look identical and I start crying. Outside the townhouse next to ours, the neighbor looks down at this befuddled Pakistani kid, and I’m looking at him like, “This is not my house! These are not my parents!” I’m surrounded by a bunch of kids and they ask my mother, “What’s wrong with him? Why can’t he speak?” She says, “He speaks fine.” And they say, “Is he retarded?”

For a month after that I didn’t speak a word. They were quite worried. I just watched cartoons. A month later, when I next spoke, I spoke in English with an American accent. I guess I spent a month somehow transitioning. It must have been quite traumatic to have made me silent for so long. Perhaps it’s shaped who I am, and my nomadic and multinational, multicultural view of life.

MJ: Were you drawn to books as a kid?

MH: Very early on. I was really into fantasy worlds and I loved stories—comic books in particular. My dad had this outlook: It doesn’t matter what I want to read—reading was a good thing. So whatever I was curious about they’d get for me from the library. Books were a kind of a resistance to reality. I liked to imagine worlds that were different. I still do.

MJ: Were there books or shows you couldn’t get in Pakistan because they were too salacious?

MH: Books, nobody bothered to censor them. You could find everything from full-on porn to soft porn in the guise of fantasy and sci-fi, and books like Lolita that had controversial sexual themes. There was much more censorship of images, though in the ’80s the VCR became quite popular, and you could get all the films you get in the US on pirated videocassettes.

MJ: What are the biggest misunderstandings between American and Pakistani cultures?

MH: The monolithic view that many Americans have of Pakistani culture is as inaccurate as the monolithic view that many Pakistanis have of American culture. In America there are people advocating for trans rights and people like Vice President Pence, who is vehemently opposed. In Pakistan, too, you have all kinds of folks—from flamboyant gay fashion designers and female Air Force pilots to the Taliban. A cross-dressed man used to be the top TV talk show host. It was actually quite radical. So the diversity of these societies is often lost on people. If an American teenager were to come to Lahore, they’d have wildly different experiences depending on whom they met. They could party and get drunk and smoke hashish with some, while others would say, “Let’s get some religious instruction.”

MJ: There’s been a lot of hand-wringing over the migrant crisis, but we seldom really get to know the refugees themselves. Did that factor into your reasons for writing Exit West?

MH: I’m not sufficient to act as their voice. But I thought it was important to imagine a narrative where a migrant was the hero, the protagonist, and enjoyed all of the narrative sympathies that come with that role. Because all over the world, the nativist perspective is being privileged over those who are more recent arrivals.

I also think massive migration is inevitable. As sea levels rise, as climate change happens, as fertile fields become arid, as wars are fought, people are going to move. They always have. I think we should be prepared, given environmental and political change for large-scale migration. If sea levels rise and 200 million people in Bangladesh and 300 million people in Indonesia need to move, and the entire Chinese seaboard, New York City—that’s going to be huge. So I thought it was important to imagine a future of immense migration and compress that into just a couple of years. And to imagine this future not as just a dystopian horror, but as something more complicated—that might even have elements of hope.

Partly, it’s our failure to imagine how change can be hopeful that empowers nostalgic narratives that try to take us back to the past in ways that are very dangerous.

MJ: People will inevitably call this a refugee story, but it almost seems like a love story first and foremost.

MH: In a way, all of my novels have been love stories. This one’s about young love, which two people as they grow and develop potentially leave behind. But also for the possibility of friendship to outlast the love. We’re not condemned to this titanic struggle of possession. This is about a different kind of relationship. I think all human stories are migration stories because everyone is a refugee from their own childhood. Even if you don’t move localities, time moves. The California of your childhood is over. So to say it’s a refugee story is true—and it’s also a love story. The notion of love as a potentially destructive and potentially redemptive human force is something that comes across in all my books.

MJ: So we should call you a romantic novelist?

MH: Laughs. In a weird way, yes! I’m not uncomfortable with the term. We think of the romance novel as a lesser form of literature, but I don’t think that’s true. Love is a very important aspect of human life and worth exploring. In Italian, the word for novel is romanzo, “the romance.” The English is “novel”—something new. Both of those elements, experimentation and love, are fundamental to the form.

MJ: Do you have any favorite love stories?

MH: I don’t have a single archetypal one, but for example, Charlotte’s Web is this beautiful story about love and death. Charlotte becomes kind of like a best friend for Wilbur, but also like a mother for him. That’s a novel about how love endures and how it makes weathering the experience of mortality more possible.

MJ: The discussion about migration right now seems to be dominated by fear. Is love the antidote?

MH: Also the need to empathize with, and insert oneself inside, experiences that are different than one has had. Literature and art and movies all play a very important role. They can help disarm this feeling. When we aren’t collectively imagining hopeful futures, then the way things are going almost invariably seems negative and frightening.

MJ: I understand you take walks to catalyze your writing. Your pace of publication has improved. Is walking to thank?

MH: It might be that I’m getting older. This novel felt quick to me—it took four years. But walking is very good for writers. There’s something fundamentally useful about not talking to anybody, not looking at a screen, and being in nature—even if that nature is an urban environment. It’s definitely helped me, especially when I’m completely stuck.

In that sense, the mobile phone is very dangerous. If you’re walking and looking at your phone, you’re not walking—you’re surfing the internet. If you keep your eyes open, walking is a meditative act. It’s so rare that we allow ourselves just to be. It’s a space in a day that we almost never carve out for ourselves. I think it’s very useful, like sleeping and dreaming, as something that’s important to my ability to write.

MJ: So you leave your phone at home?

MH: I keep it in my pocket. But I believe in digital detox. We’re all so terrified in the world right now partly because of the digital—that’s TV, radio, reading your favorite conspiracy theory blog. That stuff activates a sort of fight-or-flight response, and that’s not a state human beings feel good inhabiting. When I’m really plugged in I find it difficult to write. It’s like digging a well. If you make a void, something moves in to fill it. Writing books is like that. It’s mostly about freeing up time, doing nothing, and in that time some writing starts to happen. We need to figure out how to maintain those voids.

MJ: What’s it like to be in Pakistan living so close to India?

MH: Lahore is a very weird place in that sense. I can drive to the border in 30 minutes, walk across a line painted in the cement, and I’m in India. It’s bizarre. India to someone who lives in Lahore is like Queens to someone who lives in Lower Manhattan—it’s not far away, and yet it doesn’t exist. Lahore really is on a fault line. The animosity between India and Pakistan is deeply unfortunate and dangerous, and it’s something I’ve long campaigned to reduce. But right now, when there’s artillery being exchanged in Kashmir—which is not for from here, either—and there are 100-ish nuclear weapons on each side of the border, there’s never really been a case like this where two nuclear armed countries are happily shelling each other.

MJ: Was your family growing up very religious?

MH: There were differing degrees: Some people never did anything you would describe as outwardly religious, like praying or fasting. Others prayed five times a day. My mother has been to Mecca to perform her hajj; my dad hasn’t. I come from a very liberal family, so even the people who are outwardly religious tend to subscribe to gender equality, the importance of open-mindedness, all that stuff. My family is generally nonprescriptive.

MJ: Are you religious yourself?

MJ: It’s not something I like to talk about publicly. One reason is the politics, but also I think spirituality is deeply personal. My aunt used to say, “It’s between me and my god; it’s got nothing to do with you.” It was a good enough answer for me as a snot-nosed college kid angling for a religious debate, and I still think it’s a good way of putting it.

MJ: How do you feel about mandates on religious clothing?

MH: I’m not a fan. We should be very skeptical of people who want to place limits on how we express ourselves. If my daughter wanted to wear a headscarf and dress in a religiously conservative way, I would be heartbroken. But if she were to decide to do that and she were to live in a place where people said she couldn’t do that, I would be entirely committed to her right to do so. The ban on the burkini, which is basically a wetsuit, seems particularly ridiculous. We know nuns will wear something like that, and we know the bikini was only invented 50 or 60 years ago—people wore more clothing until recently. The ethnocultural connotations of the burkini ban are very strong. It’s as absurd as mandating that women have to go topless on the beach. If I were a woman, I definitely would not want to wear a burkini or a headscarf. But it’s not about what I want.

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Love in the Time of Mass Migration

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Fast-Food-Loving Cornell Prof Faces Ethical Scrutiny

Mother Jones

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In 2014, I profiled Brian Wansink, a behavioral psychologist who studies how our surroundings affect our eating habits. Wansink runs Cornell University’s Food and Brand Lab, a prolific group known for its clever dining research—one widely cited study, for example, found that people who keep their breakfast cereal in a cabinet weighed 21 pounds less on average than those who keep it on the counter; another showed that diners who sit near a restaurant’s entrance are 73 percent less likely to order dessert than those who sit in the restaurant’s interior.

I wasn’t the only one who thought Wansink’s work was cool. His research—some 200 studies since 2005—regularly makes headlines. But in January, a team of researchers reanalyzed the data from four of the Food and Brand Lab’s studies about pizza and turned up what appear to be serious problems: The researchers spotted 150 data inconsistencies. As Columbia University statistician Andrew Gelman put it in a blog post: “Although the four papers were all based on the same data, they differed in all sorts of detail, which suggested that the authors opportunistically used data exclusion, data coding, and data analysis choices to obtain publishable (that is, p less than .05) results.”

In a blog post on Thursday, one of the researchers, University of Groningen Ph.D. student Nick Brown, pointed to what appear to be several incidences of self-plagiarism in Wansink’s writing. Brown also found that the data from two of Wansink’s studies—one from 2001 and another from 2003 “appear to be almost identical, despite purportedly reporting the results of two completely different studies.”

Wansink declined to comment on the accusations. Instead, he pointed to a statement on the lab’s website, where he writes, “We are currently conducting a full review of studies in question, preparing comprehensive data which will be shared and establishing new standards for future operations at the lab which will include how we respond to requests for research information.”

The statement also notes that Wansink has enlisted a Food and Brand lab member who wasn’t involved in the studies to reanalyze the data in question. This move has raised some eyebrows in the scientific community: Why not hire an independent researcher? Here’s how Wansink answered that question in a Q&A with the scientific integrity watchdog blog Retraction Watch:

That’s a great question, and we thought a lot about that. In the end, we want to do this as quickly and accurately as possible—get the scripts written up, state the rationale (i.e., why we made particular choices in the original paper), and post it on a public website. Also, because this same researcher will also be deidentifying the data, it’s important to keep everything corralled together until all of this gets done.

But before we post the data and scripts, we also plan on getting some other statisticians to look at the papers and the scripts. These will most likely be stats profs who are at Cornell but not in my lab. We’ve already requested one addition to the Institutional Review Board (IRB), so that’s speeding ahead.

But even though someone in my lab is doing the analyses, like I said, we’re going to post the deidentified data, the analysis scripts (as in, how everyone is coded), tables, and log files. That way everyone knows exactly how it’s analyzed and they can rerun it on different stats programs, like SPSS or STATA or SAS, or whatever. It will be open to anyone. I’m also going to use this data for some stat analysis exercises into one of my courses. Yet another reason to get it up as fast as possible—before the course is over.

In the same Q&A, Wansink defended his work on methodological grounds. “These sorts of studies are either first steps, or sometimes they’re real-world demonstrations of existing lab findings,” he said. “They aren’t intended to be the first and last word about a social science issue. Social science isn’t definitive like chemistry. Like Jim Morrison said, ‘People are strange.’ In a good way.”

Cornell has declined to intervene. In a statement to New York magazine, John J. Carberry, the university’s head of media relations, wrote, “While Cornell encourages transparent responses to scientific critique, we respect our faculty’s role as independent investigators to determine the most appropriate response to such requests, absent claims of misconduct or data sharing agreements.”

I’ll be tracking this story, and we will post updates as they occur.

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Fast-Food-Loving Cornell Prof Faces Ethical Scrutiny

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Under Pressure, Darrell Issa Takes a Sharp Left Turn

Mother Jones

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Rep. Darrell Issa (R-Calif.), an early and outspoken supporter of Donald Trump during the presidential campaign, is known for launching frequent investigations of Democrats. Then, in a February 24 appearance on Real Time With Bill Maher, he suddenly became the first congressional Republican to call for a special prosecutor to investigate Trump’s election. He’s long used conspiracy theories to battle established climate science, yet on Thursday he joined the Climate Solutions Caucus, a bipartisan group of legislators dedicated to fighting climate change.

Why the about-face? The former chair of the House Oversight Committee—famous for his high-theater, low-yield investigations into alleged Democratic scandals involving Benghazi, the IRS, the gun sting gone awry known as Operation Fast and Furious, and Healthcare.gov, among others—is suddenly facing a very tough election. California’s 49th Congressional District, where Issa has reigned for more than 16 years, has a growing Latino population that has helped push it slowly but steadily leftward. In November, Issa eked out a win over Democrat Doug Applegate, a political newcomer, by just 1,680 votes. Orange County, part of which falls within Issa’s district, favored Hillary Clinton by a nine-point margin, marking the first time it voted for a Democrat for president since 1936. The New York Times recently called Issa “probably the nation’s most vulnerable incumbent.”

Every week since the election, hundreds of people have descended on his San Diego County office to protest. Critics organized a town hall five miles from his office and raised $6,000 through a GoFundMe campaign for a full-page newspaper ad urging him to appear. Citing a “long-standing obligation” to tour a homeless shelter, he didn’t show. Instead, he was represented by a giant “Where’s Waldo?” cutout with his picture taped to its face.

“It’s been clear to those of us who live here that he’s been in campaign mode 24/7,” says Francine Busby, chair of the San Diego County Democratic Party. “He’s definitely feeling the heat down here. I have no doubt that the Republican warrior who has always toed the party line to the nth degree, who is now changing his tune, has very personal motivations because of the vulnerability he feels in his seat.”

Upon learning that Issa had joined the Climate Solutions Caucus, one San Diego Republican political operative who asked to remain anonymous told Mother Jones, “Wow. That is definitely a calculated move.” Issa voted against the 2009 climate and clean-energy jobs bill and continues to make false claims that “there is a wide range of scientific opinion” on climate change and that “the science community does not agree to the extent of the problem.” The League of Conservation Voters gives him a lifetime score of just 4 percent for overwhelmingly voting “anti-environment” during his years in Congress. In 2013, the organization gave him a “Climate Change Denier” award for “his extreme anti-science views, which put him at odds with 97 percent of scientists and a majority of the American people.”

Issa represents a “highly environmentally conscious district,” the operative says, where Republicans “can’t really win being anti-environment. Even the more conservative Republicans still are pretty centrist on climate issues and the environment. It doesn’t surprise me that he would see that as beneficial, and I have a feeling that polling issues are guiding that too.”

Some observers think Issa’s call for a special prosecutor to investigate Russia’s role in the election might not have been a calculated attempt to distance himself from Trump and pacify his constituents. He may simply have said more than he intended in his appearance on Maher’s show. “I don’t think he was prepared to have that question addressed to him,” says Busby. “There were two busloads of people who had been protesting him every step of the way in that studio that night, and I think that may have influenced his remarks.”

“My read on it,” says the Republican political operative, “was that this was probably a moment of intellectual honesty, particularly given his role on oversight, as something he would have suggested the Obama administration wouldn’t be trusted to investigate themselves.” But he added, “These kinds of things are probably top-of-mind as opportunities to pander, and this will show that ‘I am independent and not a Trumpster.'”

If Issa blurted out more than he meant to, he was bailed out a few days later by news that Attorney General Jeff Sessions had failed to disclose meetings with a Russian diplomat during the 2016 election. “News overnight affirms what I’ve been saying: we need an independent review and Jeff Sessions should recuse himself,” Issa tweeted on Thursday.

Kurt Bardella, a former Issa staffer who criticized Issa’s embrace of Trump during the campaign, doesn’t see Issa’s call for a special prosecutor as a political maneuver. “There were countless times that Darrell led the charge for impartial and independent investigations during the Obama Administration because he recognized the inherent conflict in the idea of self-policing,” Bardella says. “Anyone trying to speculate that what he said was because of pressure from his district is clearly unfamiliar with his extensive oversight body of work.” And climate change, Bardella adds, “has never been an issue that carries any weight in terms of the district.”

Whatever his reasons, it seems clear that as Issa’s constituents continue their leftward march, the congressman is starting to follow them.

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Under Pressure, Darrell Issa Takes a Sharp Left Turn

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Donald Trump Is an Impressive Student of Political Weasel Wording

Mother Jones

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Donald Trump, three days ago on national TV:

We have cleared the way for the construction of the Keystone and Dakota Access Pipelines, thereby creating tens of thousands of jobs. And I’ve issued a new directive that new American pipelines be made with American steel.

Donald Trump, in a quiet update delivered today via a spokeswoman:

The Keystone XL Pipeline is currently in the process of being constructed, so it does not count as a new, retrofitted, repaired or expanded pipeline.

Impressive use of weasel wording, Mr. President! I’m glad we got that cleared up. I guess American steel mills will benefit from Trump’s executive orders as much as coal workers will.

Source:

Donald Trump Is an Impressive Student of Political Weasel Wording

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Insurers Have Remained Mysteriously Quiet About Obamacare Repeal

Mother Jones

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A reader emails with a question:

The repeal-Obamacare mania has been on for years, but I have NEVER read anything about what the insurance industry is thinking or doing about it.

Neither have I! And it’s damn mysterious. Obviously the insurance industry was heavily involved in lobbying for Obamacare back in 2009, and just as obviously there are parts of Obamacare they don’t like. The patient pools have turned out to be sicker than they projected and insurance companies have struggled to make money on Obamacare policies. This year, however, they’re finally there—or close to it. The market has shaken out, premiums have risen to CBO-projected levels, and Obamacare is probably a break-even or better prospect for the insurers who have gutted through the first three years.

What’s more, like it or not, they’ve spent years adapting the way they do business. Everything from computer systems to physician compensation now follows Obamacare’s rules. This has cost tens of millions of dollars, but now it’s done. The last thing they need is to rip it all out and start from scratch.

And yet insurance companies have been surprisingly silent about the Republican plan to kill Obamacare. Do they prefer getting rid of it even if there’s an upfront cost? Have they given up, and assume that repeal is a foregone conclusion that’s not worth fighting? Is all their lobbying behind the scenes? It’s not clear. Insurers are pretty unanimous about wanting some certainty in the rules, but aside from that, this eight-week-old story from the New York Times still describes things pretty well:

Far from reflecting the magnitude of the moment, the most prominent message from lobbyists that lawmakers saw in their first week back at work was a narrowly focused advertisement from the U.S. Chamber of Commerce….Health care professionals are not totally silent, but industries that were integral to the creation of the Affordable Care Act in 2010 are keeping their voices down as Republicans rush to dismantle it.

….Some lobbyists have tacitly accepted the likelihood that major provisions of the health law will be repealed, setting their sights instead on shaping its replacement. They fear that if they come out strongly in opposition to repealing the law, they will lose their seats at the table as congressional Republicans and the Trump administration negotiate a replacement.

Insurers spent $150 million lobbying in support of Obamacare in 2009. So far they’ve spent virtually nothing in 2017. I continue to be mystified by this.

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Insurers Have Remained Mysteriously Quiet About Obamacare Repeal

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Kansas Court Orders Governor to Fund Public Schools

Mother Jones

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The bad news keeps piling up for Kansas Gov. Sam Brownback and his radical budget-cutting experiment. The state Supreme Court ruled on Thursday that the Republican governor and state legislature had—yet again—failed to adequately fund public schools by hundreds of millions of dollars per year.

The court ordered lawmakers to devise a plan that would meet constitutional standards by the end of June and mandated a new formula to increase government spending on the state’s public education system. The demand for extra education funding couldn’t come at a worse time for Brownback, as the governor and Republican-held state legislature are caught in a stalemate on whether Kansas should repeal Brownback’s landmark income-tax cuts in order to solve shortfalls that have plagued the state budget in recent years.

“We conclude the state’s public financing system, through its structure and implementation, is not reasonably calculated to have all Kansas public education students meet or exceed the minimum constitutional standards of adequacy,” the court wrote in an unsigned, unanimous opinion. By underfunding education, the judges said, the state system failed in one-fourth of all its public schools to appropriately educate students in basic reading and math skills and shortchanged half of the state’s black students and one-third of its Hispanic students.

John Robb, an attorney representing the school districts involved in the lawsuit, told the Wichita Eagle that the ruling represented “justice for kids,” noting that the state could be forced to spend anywhere from $431 million to $893 million per year in additional education funding, depending on how lawmakers decide to calculate per-pupil spending levels.

The state’s current legal trouble dates back to 2010, when four school districts sued the state, alleging that Kansas provided “inequitable” and “inadequate” funding to its public education system. The lawsuit attacked state funding from two angles. It alleged that the overall pool of money that the state devotes to education was far too low, violating the state’s constitutional guarantee of an adequate education. And as Kansas reduced overall school funding, the school districts behind the lawsuit noted that the state’s cuts were inequitably distributed. That distribution, they alleged, hurt the state’s poorest districts and discriminated “based upon district wealth.”

Those concerns have only intensified since the lawsuit was first filed, as Kansas has struggled to climb out of a fiscal disaster. After Brownback took over as governor in 2011, he passed historically large tax cuts, promising that lower income taxes would spur economic growth—a preview of what Donald Trump and fellow Republicans now want to do at the federal level. But those cuts have since been disastrous, leaving the state with a vast budget gap as tax revenue continually comes in below expected levels.

In 2013, a three-judge panel ruled against the state, ordering Kansas to provide an additional $400 million in education spending. “It seems completely illogical,” the court noted, “that the state can argue that a reduction in education funding was necessitated by the downturn in the economy and the state’s diminishing resources and at the same time cut taxes further.” Brownback slammed the ruling for increasing the tax burden on Kansas residents, adding that the legislature, not the court, should make school funding decisions.

In 2014, the state Supreme Court weighed in on the equitable funding side of the lawsuit, ruling that the state’s decades-old funding formula did not dedicate enough funds to low-income districts and violated the state constitution. At that time, the Supreme Court declined to rule on the question of whether the state’s total per-pupil spending was adequate and instead remanded that question back to the lower court. A year later, Brownback signed a law that replaced the state’s formula with a two-year block grant system intended as a stopgap until a permanent formula could be devised. But last February, the Kansas Supreme Court ruled that the state’s block grant effort was inequitable. The court ordered lawmakers to increase funding for poor school districts or risk a statewide school shutdown. Six days before a June deadline, Kansas lawmakers passed an education funding measure that gave $38 million to poor districts and staved off a shutdown. Now, another shutdown looms if legislators fail to come up with another plan to change the state’s formula.

The decision marks a blow for Brownback and the Republican-led legislature tasked with drafting a funding plan by the court’s new June deadline. In early February, Republican state senators proposed a 5 percent cut to public education spending for the rest of the fiscal year—cutting $120 million in spending through June—and raising income taxes as part of a plan to close the state’s budget gap. That decision quickly fell apart after it drew the ire of educators and activists. Lawmakers eventually passed an increase to the state income tax, but Brownback vetoed it.

Read the court’s decision below:

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Kansas Supreme Court Ruling on Gannon Education Funding Case (PDF)

Kansas Supreme Court Ruling on Gannon Education Funding Case (Text)

Original article:

Kansas Court Orders Governor to Fund Public Schools

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Jeff Sessions Will Recuse Himself From Russia Probe

Mother Jones

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Attorney General Jeff Sessions will recuse himself from any investigations into contact between the Russian government and Donald Trump’s presidential campaign, Sessions announced at a press conference Thursday afternoon. Sarah Isgur Flores, Sessions’ spokeswoman, told Mother Jones that neither the attorney general nor any of his staff would take part in any internal discussions on whether or not an independent special prosecutor would be appointed to investigate the 2016 campaign. That decision would presumably be left to acting Deputy Attorney General Dana Boente.

The hastily called press conference came as lawmakers from both parties called for Sessions to recuse himself from any investigations into Russia’s role in the election. During Sessions’ confirmation hearing, Sen. Al Franken (D-Minn.) asked him what he would do if reports that Trump campaign associates and Russian officials had been in contact during the campaign turned out to be true. Sessions responded by denying that he had any contact with the Russians: “I have been called a surrogate at a time or two in that campaign, and I didn’t have—did not have communications with the Russians.” But on Wednesday, news broke that Sessions had twice met with the Russian ambassador.

As reporters waited for Sessions to begin his press conference at DOJ headquarters Thursday, televisions tuned to CNN replayed the exchange with Franken—followed by a segment with the chyron, “Calls grow for attorney general to resign.”

When he took the podium shortly after 4 pm ET, Sessions claimed that he was innocent of any wrongdoing and had not purposefully misled the Senate during his confirmation hearing. “My reply to the question of Sen. Franken was honest and correct as I understood it at the time,” he said.

Sessions said that he would be writing to the Senate Judiciary Committee in the next day or two to explain his testimony. He added that his decision to remove himself from any investigations into the 2016 presidential campaign came following his review of ethics rules and input from his staff. “In the end, I have followed the right procedure, just as I promised the committee I would,” he said.

As for his September meeting with Russian Ambassador Sergey Kislyak in his Senate office, Sessions said he didn’t recall many details, before naming terrorism and Ukraine as topics that came up. Sessions also said that he and Kislyak had discussed a visit Sessions paid to a Russian church in the 1991 and that Kislyak had told him he was not religious. “I thought he was pretty much in an old-style Soviet ambassador,” Sessions said.

When asked by reporters whether he and the ambassador had discussed the 2016 presidential campaign during their meeting, Sessions joked that “most of these ambassadors are pretty gossipy” but then switched into lawyer mode and said, “I don’t recall.”

This is a developing news story that will be updated.

Excerpt from: 

Jeff Sessions Will Recuse Himself From Russia Probe

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