Saturday, December 18, 2010

What's up with the prayer lawsuit? (Fun excerpts—including emails!)


     I offer a brief update on “Westphal v. Wagner,” our celebrated case against (some) prayers—in violation of the 1st Amendment’s “establishment clause”—at the SOCCCD:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
A "heathen," evidently
     Our lawyers tell us that, of late, there’ve been lots of filings in the district court. By both sides.
     Plaintiffs (that’s us!) have filed a Motion of Summary Judgment on the religious-purpose prong of the Lemon test (the government's action must have a secular purpose, etc.). We’ve also filed a Motion to Amend that Order, asking for clarification re relief, etc.
     Meanwhile, defendants (i.e., Wagner, Mathur, et al.) filed a Motion for Judgment, arguing against the Court’s decision to deny them summary judgment “on the religious-purpose prong.”
"Heathen," agnostic
division
     I wanted to provide you with sections of these briefs that are understandable, and that ain’t easy, man. I have chosen to provide excerpts from our “reply on plaintiffs’ motion for summary judgment,” filed on the 13th, for a hearing on Dec. 27—that's a little more than a week from now.
     Don’t try to make sense of that language. The verbiage in the brief (below) makes the issue at hand clear:
     (Click on these graphics BELOW to enlarge them. They should be readable then.)

. . .
. . .
. . .
[Be sure to check this one out (above).]
. . .
[I've excerpted nothing from section II.]
. . .

Winning and losing and winning

Photo: New York Times
● Measure to End ‘Don’t Ask’ Wins Approval in Senate (Chronicle of Higher Education)

The U.S. Senate approved legislation to repeal the military’s controversial “don’t ask, don’t tell” by a 65-to-31 vote Saturday afternoon. The repeal, already approved by the House of Representatives, now President Obama for his signature. Repealing the law, which bars openly gay people from service, could greatly reduce tensions between the military and university faculty members and students who oppose the policy.

• See also Senate Repeals ‘Don’t Ask, Don’t Tell’ (NYT)

● Deferred Again: Senate Vote Is Latest Setback for 'Dream Act' (Chronicle of Higher Education)

For the second time in three months, the U.S. Senate has tried, and failed, to pass legislation that would provide a path to citizenship for undocumented college students. ¶ Saturday morning Democratic leaders fell short of the 60 votes necessary to overcome a threatened filibuster and move to a vote on the bill, known as the Dream Act. The House of Representatives passed the bill earlier this month.
. . .
The bill's most-recent defeat in the Senate was the latest setback in the 10-year effort to enact the Dream Act. The measure enjoys bipartisan support but has never made it through both chambers of Congress.

• See also DREAM Act dies in Senate (Politico)

This is kinda sappy. But still....

Rebel Girl's Poetry Corner: "new stars are being born"

Toward the Winter Solstice
by Timothy Steele

Although the roof is just a story high,
It dizzies me a little to look down.
I lariat-twirl the rope of Christmas lights
And cast it to the weeping birch's crown;
A dowel into which I've screwed a hook
Enables me to reach, lift, drape, and twine
The cord among the boughs so that the bulbs
Will accent the tree's elegant design.

Friends, passing home from work or shopping, pause
And call up commendations or critiques.
I make adjustments. Though a potpourri
Of Muslims, Christians, Buddhists, Jews, and Sikhs,
We all are conscious of the time of year;
We all enjoy its colorful displays
And keep some festival that mitigates
The dwindling warmth and compass of the days.

Some say that L.A. doesn't suit the Yule,
But UPS vans now like magi make
Their present-laden rounds, while fallen leaves
Are gaily resurrected in their wake;
The desert lifts a full moon from the east
And issues a dry Santa Ana breeze,
And valets at chic restaurants will soon
Be tending flocks of cars and SUV's.

And as the neighborhoods sink into dusk
The fan palms scattered all across town stand
More calmly prominent, and this place seems
A vast oasis in the Holy Land.
This house might be a caravansary,
The tree a kind of cordial fountainhead
Of welcome, looped and decked with necklaces
And ceintures of green, yellow , blue, and red.

Some wonder if the star of Bethlehem
Occurred when Jupiter and Saturn crossed;
It's comforting to look up from this roof
And feel that, while all changes, nothing's lost,
To recollect that in antiquity
The winter solstice fell in Capricorn
And that, in the Orion Nebula,
From swirling gas, new stars are being born.

*

Friday, December 17, 2010

The Captain's Beefheart stops

Don Van Vliet
     The OC Weekly’s Heard Mentality reports that Don Van Vliet aka Captain Beefheart, Dies at 69.
     The world has lost another mad genius today. Don Van Vliet, aka Captain Beefheart, passed away at the age of 69. Best known for his groundbreaking musical work that melded blues, free jazz and art-rock lunacy. Van Vliet's career included poetry and graphic art, as well. Sadly, Rolling Stone magazine and our sister paper LA Weekly both confirmed the news.
     My late brother Ray was mad for the Captain. Owing to that exposure, mostly, I slowly became a fan. With the Captain dead, it’s like Ray’s dead all over again.
     Gotta listen to the Captain more often.

See also: Don Van Vliet dies at 69; avant-garde rock musician known as Captain Beefheart (LA Times, Dec. 18)



My grade

     "For such is the nature of men, that howsoever they may acknowledge many others to be more witty, or more eloquent, or more learned; yet they will hardly believe there be many so wise as themselves: For they see their own wit at hand, and other men's at a distance."
—Thomas Hobbes (Leviathan)

Know your rights
     What are today’s college students like?
     Well, some of them are quite nice actually. Some are smart, eager to learn, willing to be corrected, etc.
     But more and more students are like Joe Claim, the inexplicably self-entitled college student.
     I teach, and I really don’t know what to do with his kind beyond failing 'em.

     I got an email from Joe today. It concerned his last “writing assignment” grade. Essentially, a student’s grade in my Intro course is based on three tests and four writing assignments. The writing assignments usually ask students to explain something central to a lecture. Students typically have a week or two for the assignment. Scoring is simple: if a student makes any effort at all, he or she gets 1 point. Only excellent work gets 2 points.
     There are 8 points possible (i.e., 4 x 2). Students must achieve 3 out of the 8 points to pass the course. Easy.
     But some students—more than you might imagine—inevitably bring themselves to the brink of disaster; and then disaster occurs.
     Take Joe Claim.
     The subject of his email was “my grade.” He wrote:
Hi im [Joe Claim] in your friday class and i got a 0 on assignment 4 and really thought i deserved a better grade. i really need at least the point to get the three points needed to pass the class. [That’s exactly how he wrote it.]
     I wrote him back:
You think you deserve a better grade on #4? But you got each of the ten questions wrong, right? On what basis, then, do you deserve a better grade?
     He hasn’t responded yet.
     You’ve gotta love that Joe. He got 1 point on his first assignment and 1 point on his third. He simply ignored the second assignment.
     And so, being Joe, he went into the home stretch with 2 of the 3 points he needed to pass the course.
     You’d think he’d make damned sure that he nailed that last one, boy. But no.
     For assignment #4, I gave students a break. Instead of asking them to write (which is always like pulling teeth), I gave them a simple 10-question multiple-choice quiz designed to review the course material for the final. I was careful to ask clear and straight-forward questions. I told ‘em that, if they get 4 out of 10 right, they get 1 point. And if they get 7 out of 10 right, they get 2 points. They had over a week to work on this.
     A total piece of cake.
     Naturally, lots of students got scores of 7, 8, 9, and even 10. Two points!
     The questions weren’t hard at all. For instance, one question concerned the meaning of the adjective “a priori.” Our Joe chose the answer according to which an “a priori” belief “is the very first belief that one has.”
     Well no.
     Another question concerned Thomas Hobbes’ political writings. We had gone over two chapters of Leviathan in class, line by line. The question asked how Hobbes characterized people in the “state of nature” (i.e., in the anarchic condition before government is instituted). Hobbes wrote that people are confident in their abilities and are thus willing to compete with others for scarce resources. (This is one of three sources of conflict in the state of nature, said Hobbes.)
     But Joe got that all wrong. According to Joe, for Hobbes, people are “intimidated” by “virtually everyone.”
     That was the pattern in Joe’s answers. If there was a way to pick the opposite of the right answer, Joe always found it. So if ever a student deserved to fail a course, it’s Joe. He has no one to blame but himself.
     But Joe doesn’t see it that way. He got each of the ten questions wrong—on a simple quiz that he had over a week to take. He’s not arguing that there was a scoring snafu. He’s not arguing that my questions were unfair or confusing or erroneous. (Well, maybe he’ll surprise me.)
     Nevertheless, he informs me that he “deserve[s] a better grade.”
     There are many Joe Claims in America’s colleges and universities.
     Heck, maybe you're one of 'em.

     "For every man looketh that his companion should value him, at the same rate he sets upon himself: and upon all signs of contempt, or undervaluing, naturally endeavours, as far as he dares …, to extort a greater value from his contemners, by damage; and from others, by the example."
—Thomas Hobbes (Leviathan)

Thursday, December 16, 2010

X File


     Check out Matt Coker’s mini-interview with Exene Cervenka: Exene X's Out Nostalgia.
     X, for which Cervenka is lead singer, was perhaps the greatest of LA area bands in the 80s. I listened to them while in grad school at UCI; meanwhile, a younger Rebel Girl was closer to the action in South LA County. I’ve gotta get her to write about that scene.
     Back to Cervenka. Coker asked her to reminisce about the recording of the band’s classic debut album, Los Angeles. Reluctantly, she did, speaking of producer Ray Manzarek, the keyboardist who, fourteen years earlier, discovered Jim Morrison for his band the Doors:
     [Manzarek] read X lyrics in an L.A. Reader review slamming the band, [and he] realized the verse nailed the times and immediately sought out a show in whichever La-La Land hole X were playing at the time. ¶ Blown away by the haunting harmonies of Cervenka and her future ex-husband John Doe, as well as the musicianship of guitar god Billy Zoom and hot drummer D.J. Bonebrake, Manzarek made the proper introductions, went on to back X on keyboards live, and produced Los Angeles and three subsequent, critically acclaimed albums.
     “Even though it was really serious, it was still really fun,” Cervenka says of the Los Angeles sessions. “We were kids, and we’d do a take, and I remember hearing Ray over the phone telling us, ‘Remember, this is forever,’ which is the worst thing you could say, and he knew that. But, guess what? We just stopped goofing off.”
     She says Manzarek “did an amazingly great job,” although she now wishes the engineering on that record had been better.
     “In New York and London, they had state-of-the-art studios for people like Brian Eno and Elvis Costello. Stuff was taken more seriously in those cities,” she recalls. “Here, our engineering, when you even got in good studios, those engineers used to work with the Eagles, Fleetwood Mac, country rock, hair rock. They had their version of what a snare drum sounds like. Ray would have to communicate what he wanted to people who couldn’t speak the language we were speaking to get the best sounds.”
     Manzarek, who is joining the band on keyboards for the first time in 30 years at the anniversary shows, deserves the credit as much as anyone for getting the essence of X on record, according to Cervenka. “It was very live, very much uncensored, pretty raw,” she says. “I think what that captured was more important than the tone or whether the drums could have sounded better.”….

The cursing philosopher and other tales

CSEA election results:
     Before leaving campus this afternoon, I ran into a classified employee who informed me that the “incumbent candidates” were elected in today’s CSEA election (in the SOCCCD). Let us know details if you have them.

UPDATE: The chapter website—SOCCCD Chapter 586 CSEA—is congratulating the winners in today’s election: “Congratulations to Daune Main Chapter President Gee Dickson 1st Vice President Megan Newton, Secretary Have a great Holiday” [original syntax]
     Presumably, they mean to say, "Congratulations to Daune Main, Chapter President; Gee Dickson, 1st Vice President; Megan Newton, Secretary. Have a great Holiday!"

Today in the Chronicle of Higher Education:

• University Cans Cursing Philosophy Lecturer

     ...The lecturer, Daniel Petersen, said he had told students that “stuff happens”—though he used a more emphatic word than “stuff”—to illustrate concepts like free will and determinism. Parents complained, and Mr. Petersen was suspended without pay. Then he was informed that he wouldn’t be returning to teach next semester....

• Congress Approves Changes to New GI Bill

     A bill to expand the benefits of the Post-9/11 GI Bill, which helps finance higher education for Iraq and Afghanistan war veterans, received approval by the U.S. House of Representatives on Thursday, clearing the way for President Obama's signature....

• Scholars Elicit a 'Cultural Genome' From 5.2 Million Google-Digitized Books

     The English language is going through a time of huge growth. Humanity is forgetting its history more rapidly each year. And celebrities are losing their fame faster than in the past. ¶ Those are some of the findings in a paper published on Thursday in the journal Science by a Harvard-led team of researchers. The scholars quantified cultural trends by investigating the frequency with which words appeared over time in a database of about 5.2 million books, roughly 4 percent of all volumes ever published, according to Harvard's announcement....

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

  This ran in the Sunday December 24, 2023 edition of the Los Angeles Times and the Orange County Register : July 14, 1955 - November 20, 2...