Language Arts

When I was in law school, a professor made a startling pronouncement that captured my attention and remained with me throughout my professional career: “There is no such thing as good writing. There is only rewriting.”

Today, I am almost prepared to concede that only the first of those two sentences is accurate. Good writing – clear, concise, and informative – is increasingly hard to find. More people are communicating more words at a faster pace than ever before in recorded history, but the quality of those communications is terrible. We could use more rewriting.

In this regard, consider a recent facsimile publication of the manuscript of “Swann’s Way,” the first volume of Marcel Proust’s monumental novel, “In Search of Lost Time.” This large and costly volume represents rewriting carried to an extreme: marginalia headed in every imaginable direction, with snippets of paper affixed to and folded over the original manuscript page. Proust was an editor’s worst nightmare, but he demonstrates what rewriting by a perfectionist can mean for a text.

Proust’s rewriting resembles an obsessive compulsive disorder, like repeatedly washing one’s hands until they become raw. Proust’s perfectionism, however, also produced a remarkable masterpiece. One can admire his search for both clarity of expression and clarity of feeling. He was not just telling a story. In fact, his massive novel lacks a traditional linear plotline. He was trying to say something important about the human condition, and the “plot,” such as it is, only emerges towards the end of the 3,000-plus pages of text – and then doubles back on itself in what today’s tech specialists might call an endless “feedback loop.”

Words convey practical information, as well as thoughts, impressions, memories, and feelings. For a serious writer, it is important to get the communication just right. Studying Latin, for example, sensitizes one as to how sentences sound – how they scan – as well as how they read. Occasionally, I will change an otherwise correct word in a draft not because it is wrong but because it sounds odd. Words are like notes in a musical score. Not all prose has to read like poetry, of course, but sometimes paying attention to the lyrical qualities of words can enhance the persuasiveness of even the most mundane prose.

And mundane prose abounds these days. In recent weeks, I have encountered some remarkable combinations. One information technology professional told me about the importance of “enterprise learning transformation.” What’s wrong with “teaching”? Another person employed the euphemism of “justice involved individuals.” What’s wrong with “criminals” or “convicted felons”? The context of the last example had to do with the rights of felons. “Justice involved individuals,” however, could encompass the Attorney General, the Chief Justice of the United States, the policeman patrolling a city block, a prison guard, a law clerk, or a jaywalker. Is it political correctness or fuzzy thinking that explains this corruption of basic, straightforward usage?

The information-technology world, which presumably aspires to connect us in new, interesting, and meaningful ways, actually makes true communications more difficult. “Techie talk” suggests specialization and precision when, on occasion, the opposite is true. This language often obfuscates and misdirects.

We now live in a world of endless “functionalities,” where experts operate in delineated “space,” as in higher-education space or “collaboration space.” I’ve encountered references to “new functionality and growth,” plus activities intended to “boost sales enablement.”

A recent study reported that the third largest cause of deaths in America is from medical errors. How many of these tragedies resulted from communications failures? When hospital shifts change and one weary resident transfers a patient to the incoming resident, errors can occur that harm patients. Words, it turns out, can be weapons; their use and misuse can inflict serious harm.

I am not an anti-tech Luddite, but I fear that technology designed to speed up communications is simultaneously slowing it down by fostering confusion, vagueness, imprecise shortcuts, euphemisms, and sloppy thinking. More communications do not necessarily mean better communications. Is it not possible that our technology sectors can find better ways to raise the quality of communications throughout American society?

The Austrian-English philosopher, Ludwig Wittgenstein, noted that “whatever can be said at all can be said simply.” Simple does not have to mean simple-minded. Today, we seem to seek complexity for its own sake, when simpler, more direct words and phrases would be better.

There are two short publications that every American high school student should be required to read and master before receiving a diploma. The first is “The Elements of Style” by William Strunk and E.B. White. This short volume is perhaps the best writing style guide ever published for the English language. Its origins go back almost a century, but its guidance (“Omit needless words.”) remains relevant today.

The second publication is a short, brilliant essay by George Orwell, “Politics and the English Language,” originally published in 1945. Orwell makes his points about good writing by comparing a beautifully written passage from “Ecclesiastes” with how the same passage might be written in modern English. Orwell warns against dying metaphors, pretentious diction, and meaningless words. He also offers us the following observation:

“The great enemy of clear language is insincerity. When there is a gap between one’s real and one’s declared aims, one turns as it were instinctively to long words and exhausted idioms, like a cuttlefish squirting out ink.”

Orwell wrote to help citizens sort through much of the nonsense and sloppy language that one often finds in political discourse. We can only wonder what he would have to say about the current state of political language in America some 70 years later. Why does the word “insincerity” come to mind?

Charles Kolb served as Deputy Assistant to the President for Domestic Policy from 1990-1992 in the George H.W. Bush White House. He was president of the French-American Foundation – United States from 2012-2014 and president of the Committee for Economic Development from 1997-2012.

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A Mother's Plea To The US Army To Stop G-RAP Persecution of Soldiers

co-authored by Karen Aponte

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**permission was given by family to use photo**

In May 2016, my family and I sat in a small theater across the street from The University of Tampa. The University of Tampa Reserve Officer Training Corps (ROTC) holds its commissioning ceremony there every year. My daughter stood on the stage looking fit and trim, proud in her dress uniform with a smile that just wouldn’t stop. We were all smiling and so very proud.

At 26 years old, with a Bachelor of Arts degree, she chose to upend her life and go to the University of Tampa. She would earn a Master of Business Administration and join the ROTC program to become an Army officer. As I sat in the auditorium, the moment was bittersweet. I looked to my right at my son Ben, his sister’s biggest and proudest supporter. I caught a glance of his profile and watched as he stared intently at the stage. His usually expressive and mobile face was very still, very intense. My heart went out to him.

Just five years previous, he stood on the same stage commissioning as an active duty infantry officer in the United States Army. He was a distinguished military graduate of the same ROTC program. He had made a name for himself during his time in the program. He was the number 1 cadet in his program and in the top 3% in the nation. He was the Cadet Captain of the Ranger Challenge team which came in 1st under his leadership. He was the head resident of a student dormitory, sat on the student board of trustees, and sat on the student board of conduct. A big man on campus in so many ways. As a mom, it was a magical time for me to watch. He had already been in the Army National Guard (NG) since he was 17 years old, with two tours of duty in Iraq, and some of the Army’s toughest training under his belt. His second tour was with the Special Forces in Mosul, Iraq. When Ben came back from that last tour, he was still in the NG and intended on settling into a job in the civilian sector, starting college, and continuing to serve in the NG.

The local recruiters in the area loved my son. He is 6″3 ½ ‘, a CrossFit athlete, articulate, fun, and knows everybody. He never misses the chance to meet a stranger. Did I say handsome? He was a success story and a natural poster child for the NG. Recruiters contacted Ben and strongly urged him to utilize his contacts and naturally winning personality to help recruit soldiers into the Guard. There was a new incentive-based program called the Guard Recruitment Assistant Program (G-RAP).

Ben right away was able to contact friends and acquaintances whom he thought would like to join the Guard. Ben could intelligently talk about the available benefits, paid education, travel experience, and the structure and direction that had served him so well. . Some of the people he talked to joined. Most followed in his footsteps and would later serve in the Special Forces. He made some bonus money, but in the meantime, he was looking forward to attending college and getting a stable job. He was also contemplating going into the regular army Special Forces at Ft Bragg.

A job came along at UT. It was a good opportunity to work on staff as a contractor for the University of Tampa’s ROTC program. He got the attention of the Professor of Military Science and program Commander who urged Ben to consider an ROTC scholarship. Ben promptly started UT in the ROTC program and finished in 2 years. It was a great time. He was a standout at the school and in the program. He graduated and went to FT Benning for the Infantry Officer Basic Course. He was headed to Vicenza, Italy where he would serve in the 173rd Airborne Infantry Brigade. Ben experienced his first Military setback shortly after his graduation from the Infantry Officer Basic Course. The one bad spot in his officer basic course was that Just weeks into the Ranger School Challenge. Ben was medically dropped with a hernia. Rather than finishing ranger school, he was sent on to Italy with the hopes that he would come back to Benning after the unit’s deployment to Afghanistan and complete Ranger school.

In Italy, he gained more leadership experience, and he was given a platoon in Afghanistan. There, Ben found his calling as a Platoon Leader. He and his men got caught in an ambush from which they all survived. As men do when they come through such a profoundly dangerous and life altering event, they became very close. I visited Ben in Italy after that tour and attended a military ball. He was the MC for the event. It was a blast, and I could see that everyone from the top of the chain of command to rank-in-file soldier respected and loved Ben.

I will never forget, after the formal portion of the ball when we were all dancing and celebrating; a huge Sergeant came up to me; he must have been 6’5′, broad of shoulders, and with giant hands – he took both of my hands and they disappeared into his. He was shaking a little, and his eyes were wet with tears. He said he wanted to tell me something. We were against a wall, both my hands in his sweaty shaking ones. I’m looking up at this huge guy, and he rumbled to me in a deep and shaky voice, “I want to tell you that your son is the best officer I’ve ever had. He saved my life; I would follow him anywhere.” I was taken aback – not sure how to properly respond to such a revelation – I fumbled, “Well thank you Sgt. Benson, I know Ben thinks the world of his team, you guys. I am so glad he was there for you.” He hugged me, and hugged me, and we stood there sweaty and close as he continues to shake. It made me start to cry – this intense emotion this man shared with me. I was overwhelmed. I told Ben about that conversation, and his response was that Benson had likely saved his life, not the other way around, and that the guy regularly beat him at the gym.

I came home from Italy, and Ben continued his work with the men he loved and who loved him. Out of nowhere he called me in the middle of the day. He told me he had been apprehended, put in handcuffs by a CID agent who told him he was going to jail for identity theft, wire fraud, and larceny. It was because of the GRAP program he used five years previous. I immediately demanded, “What did you do?” His response, “Mom, I have no idea.” He was relieved of duty as a platoon leader instantaneously. This event would culminate into three miserable years of torment. Ben fought long and hard for his career. Letter after letter of recommendation from his commanders and peers, and superior officer evaluation reports and commendations for bravery meant nothing in the end. He appealed at each level and every opportunity. An exhaustive investigation into his actions in the GRAP program, his finances, and his personal bank account showed no evidence of wrongdoing.

Despite the findings of the investigation, a General Officer Memorandum of Reprimand (GOMAR) was placed in his active military file based on a massive Army-wide witch-hunt being used to throw good soldiers under the bus. As a mother, I endured the pain of watching my son struggle to save his career and clear his name, but that was not enough for army officials. They unjustly took administrative action based on an inconclusive investigation from actions that occurred over five years ago, all at the cost of my son’s career. An officer with a spotless record of honorable service.

He rotated back to Ft Benning, and he was treated as a substandard soldier, a pariah who was taking up space until his imminent separation. The Army mercilessly hounded my son, finally kicking him out after over 16 years of stellar service, excellent evaluations from his superiors, and three tours of duty. The most difficult part of this whole experience is that Ben loves the Army, loves Soldiers, and is proud of his service. He would have happily continued to serve with honor and character. He loves the army still even though they separated him, took his credentials unceremoniously, and put him out with no severance, no retirement, and no recognition for his 16 years of service. For no reason.

Ben has since started a CrossFit gym in Tampa and is putting his life back together. Ben provides outreach to veterans in the community. He currently volunteers coaching at his facility to the University of Tampa’s ROTC Program, and the Tampa chapter of Team Red White and Blue. Ben’s service, past and present, is the most important part of his life. It is the thing he is most proud of, and the thing that now causes him the most pain. There is life after the army, and I hope one day Ben’s heart and head can accept that. I love my son, but more importantly, I have enormous respect for how he has persevered through this experience maintaining his dignity, patriotism, and desire to help others.

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American Shameless

In spite of being an avowed pacifist, I find myself (like much of America and indeed the world these days) a spectator to violence. Some of it is fictional, as in the television show, Shameless, set on the Southside of Chicago. Some of it is all too real, as in the case of DeKayla Dansberry, a beautiful, promising athlete and young scholar (and a former student of my daughter in law) who was stabbed to death last week on the Southside of the real Chicago by a neighbor whose mother apparently provided the knife.

Looking for leadership, I am discouraged to see the frontrunner of the Republican Party, a narcissistic, sexist, racist bully, encourage his followers to engage their worst instincts. On my own side, (because these days, American politics have devolved into a sporting ritual, where everyone is on a side, even those who have made no choices) my chosen leader, Bernie Sanders, has delayed in calling out supporters who sometimes let their anger (and perhaps despair) turn them into bullies as well, particularly in Nevada.

In fiction, one of the reasons I watch violent shows like Shameless is because of the skill of its writers and actors in displaying the range of human qualities which are so easily lost in the name calling we all engage in. The poor people in Shameless are primarily white (with African American neighbors/lovers/children/friends) living on Chicago’s Southside and struggling with alcohol and drug abuse, the marginal working life of many people these days (the middle class is shrinking not only in fiction but in reality) who don’t have a college education or access to the jobs which used to provide a steady income in what elites like to call “the Rust Belt,” and most significantly, the sense that they are falling behind and the reality of not having enough money, access or power to get ahead. At the same time, just as in real life, the characters in Shameless consistently showcase the deep bonds of family which keep them going even in the face of discrimination (against those with mental illness and poor people in general), teenage pregnancy, gentrification, and at times, their own bad decision making.

It is all too easy for people to dismiss DeKayla’s murder as a product of race, class, and poverty rather than looking at the larger culture she was a part of; in spite of her, her family, and her teacher’s best efforts. This culture, our culture, supports a media which has taken the mantra, “if it bleeds it leads,” to a point where anyone who wants attention knows they will get more coverage with violence, whether by word or by deed. The skilled showman who has taken over the Republican party knows this-he even referenced it by noting how much his followers don’t care about actual policy or plans-although he is now putting on a cloak of pretend policy and plans to provide cover for those who despise him but want power at any cost. As we mourn DeKayla, we need to also mourn our own flaws in becoming spectators to violent speech and action. It is time to turn away from the cell phone, the computer, and for my age group, the television, and take back our country from those who would make us all shameless.

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24hourproject : Three Stories from Three Cities

This article originally appeared on Grryo.

jeff kelley | northampton, ma, USA

I think the last time I tried to stay up for 24 hours straight was circa 1993, during my freshman year of college. The results then were less than stellar, I ended up falling asleep in my dorm room and missing my Italian midterm. Thankfully, this time, I did a little better. I started out with a 1.5 hour nap at 10:30pm and then it was off to Northampton, Massachusetts to meet up with my friend.

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‘Sup and Pup’

Our biggest hurdle was not the struggle to stay awake, but rather, one we were aware of beforehand: finding opportunities to shoot in a small town. Armed with this knowledge, I created a Google doc and tried to make a note of places that would be open, or have good light at various hours of the day. Aside from having a goal of successfully completing the project, I set a few other personal goals as well. The first was simple: to take better pictures than I had in years past.

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‘Leading in the Poles’

My other two goals related to the types of pictures I wanted to try and take. I have never successfully done a “street portrait”- One in which you ask a stranger for their picture. @365ken has been a role model for this kind of photo. The other style of shot is a bit harder to describe. It involves finding creative juxtapositions or situations and catching them on film. For this type of shot, I was most influenced by @powercorruptionandlikes.

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‘Reader’s Block’

All in all, I was happy with how everything went. I pushed my photography a little further, didn’t fall asleep on the job, and had a good time. Will I do it again next year? Well as my Italian professor taught me to say, “vedremo” (“we shall see”). At least I’m assuming that’s what she taught me. I can’t actually remember any Italian whatsoever.

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giulia macario | melbourne, australia

24 hours of continuous photography with no sleep whatsoever, who would sign up for that? Ahem. me. Three times. What on earth was i thinking….

Like other years I left it up until the day of the event, and a few hours before, to really make up my mind on whether I was participating or not. That being said, I always seemed to get pulled in by the lure of taking part in such a fantastic worldwide event and being part of something bigger than myself. This year was no exception, and after being inspired by many talented photographer friends from all over the world in years passed, I again took part.

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‘Ghosts of Piers Past’

So why do it? I guess for me after nearly 8 months of not shooting anything, this was a way to kick my butt into photography gear again. They say practice, practice, practice… is the best way. And for me, not a ‘seasoned’ street shooter – it’s definitely a challenge. I do not plan my shots or where i’ll be hour by hour, I believe theres a magic to letting moments just happen, and if they dont, well, I just move on. I wasn’t too concerned with fitting the mold of what was expected as a street shooter for my hourly posts, or sticking to a style, for me it was more about capturing a feeling using my way of seeing, whether it simply be a blur of colour, a fractured slow shutter experiment or a rush of red going by.

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‘Sketches’

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‘Rush by Red’

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valeria cammareri | Milano, Italy

The days before March 19 I had done a list of places and locations potentially interesting in my city, and done kinds of photographic rehearsals in different moments of the day to check what I would have found in terms of situations and light. And I had more or less planned the 24 Hours itinerary to optimize travelling time both by transports and on foot. I generally edit my images in black and white: interminable edits with frequent rethinks. To simplify this aspect I decided to shoot only with my iPhone 6s, using a default Hipsta bw combo (John S lens+ AO BW film+ Standard flash), limiting the manual edit just to a few steps.

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‘Metaphysical Space’

Although it was my first 24 hour project, I wasn’t particularly anxious about the unavoidable tiredness due to sleep deprivation, but rather about the need to continuously focus on people as subjects. Most of my shots are usually taken in the street and people are always present as the main subject, but I’m not confident with candid portraits and didn’t feel at ease with the idea of improvising a new style. So the most critical aspect to me was the idea to keep on documenting humanity in my own way. But after the first image of this photographic marathon, taken after some hesitation and a tension which was for me unusual, I felt it would be possible. And started to relax about the “style” issue.

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‘The Common Reader ‘

The night was supposed to be the most difficult part of this marathon in terms of available subjects . That’s why I had planned, hour by hour, an itinerary . But I didn’t allow for the unexpected. Between 1 and 2 AM I had decided on a shot outside the emergency room of one of the major hospitals in town. I had imagined traffic due to ambulances and people going in and out. So you can imagine my total surprise when I didn’t find at all what I was ready to take a shot of. One of the most quiet and sane nights in town. No ambulances, no people in need of a visit. Nothing. At last I took a shot of a biker who turned out to be a nocturnal worker at the hospital. A shot apparently taken in the middle of nowhere.

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‘Night Shift’

This wasn’t the only unexpected situation I had to face during the marathon. For instance, I found no living soul in the 24 hour supermarket, and a military parade in the most famous square of the city, piazza Duomo, right where I had planned to shoot people idly sitting on the churchyard. There were no art watchers at the photo exhibition, and no street carts when I would have needed them. Many shots couldn’t be posted because they were taken too early or too late. But I think this need for improvisation in a bunch of minutes, after so much planning, was the cool part of the story and what still makes me satisfied with my performance. A new chapter next year, no doubt about that. So rather than echoing Jeff saying “We Shall See,” I am for ” You Will See”.

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‘Make a Wish’

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If you’d like to learn more about the 24 Hour Project, visit their website: 24hourproject.org

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A 10th Anniversary Diamond for Ageless Books

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A diamond list of magnificent literary works celebrating their 10th Anniversary this year.

Water for Elephants by Sara Gruen is a mesmerizing and moving 1930s historical that will sweep you away to the hard life of circus workers. A timeless tale of love, heartbreak, and loyalty.

Lisey’s Story by Stephen King is a powerful and moving story about ingenuity, margins of madness, grief and love.

Thirteen Moons by Charles Frazier is an achingly beautiful tapestry of home, spanning the life of a remarkable orphan.

The Road by Cormac McCarthy is a haunting post- apocalyptic novel about a man’s struggle for survival with his son and their journey of hope.

Looking For Alaska by John Green is an uplifting and humorous story of teenagers genuinely dealing with suffering and loss and life in a boarding school.

Black Girl / White Girl is Joyce Carol Oats’ scorching tale of two college roommates, one white, one black, that deals with tragedy and civil rights in the 70s.

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Thank You, Penn State

This article, written by Professor Marci A. Hamilton, was originally published on Justia.com and Hamilton and Griffin on Rights on May 12, 2016.

I am a big fan of Penn State’s academics, where I attended graduate school. When “analytical” philosophy swept the nation’s universities in the early 1980s, displacing continental philosophy, Penn State had one of the few remaining departments teaching continental (translation: European philosophy). Leaving Vanderbilt where I had happily been an undergrad, I declined the offer from Yale’s philosophy department because I was told I would have to abandon continental for “real” philosophy.  Instead of New Haven, I headed to State College. I studied with some of the top continental scholars in the world at Penn State and will be forever grateful for the opportunity to study Soren Kierkegaard and Friedrich Nietzsche in depth, whose writings have played pivotal roles in my law and religion scholarship and my understanding of the dynamic between religion and the culture.

When I then decided on a Master’s degree in fiction writing at Penn State, again I had first-rate professors, like the brilliant Paul West. There, in the English Department, Joe Paterno was a hero because his football program routinely funded major aspects of the English program.  This was a remarkable marriage of academics and football, and I was proud of it.

Then when the Sandusky scandal hit, I had to give Penn State at least some credit for not dragging survivors through the scorched earth litigation tactics of too many institutions, hiring a respected outsider, Louis Freeh, to do an independent investigation, and for settling in a fair and relatively straightforward way with as many survivors as possible.  No lawyer had a majority of the Sandusky cases and so no one knew what Penn State was doing with all cases, but it was common knowledge that Penn State wasn’t even raising the statute of limitations defense, which is now the mark of the Catholic bishops’ treatment of the victims.

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Paterno Knew in the 1970s, Just Like the Bishops Knew Decades Ago
Now I am grateful to Penn State for quite a different reason: thank you, Penn State, for further teaching the public that the Catholic bishops do not own a patent on long-term ignoring and covering up child sex abuse.  There were reasons to see parallels before now, as I discussed here, but the latest report tells us that Paterno and other coaches knew over a decade earlier than was originally reported. The bishops fight sex abuse victims in the state legislatures with self-righteous vehemence, and make the argument that statute of limitations reform “targets” them as though they are the only entity that has engaged in the cover up of serial pedophiles. The mighty Penn State puts the lie to their narcissism.

When the Sandusky scandal broke, it proved to the world that the issue of institution-based child sex abuse is a society-wide problem, not one isolated to particular institutions. There have been remarkable moments in the Penn State story, not the least of which is that Joe Paterno himself, before he died, said he didn’t do all he should have done. This was a contrite statement, and he deserves to be remembered for this moment of humanity. What do his “fans” say in response? Of course he did everything because he was Joe Pa! Joe Pa can’t be responsible for covering up for pedophiles!

These silly, mindless defenses echoed the earlier claims that the bishops “meant well” and that they were the real victims of the child predators.  To state their early world view mathematically: the bishops = good guys, while the priest pedophiles = bad guys. Of course the more we learned, the more clearly wrong this dichotomy became.  The guys perpetuating the abuse and granting leeway for suspected pedophiles to have access to more children also created the conditions for the abuse.

Now, we learn, as a result of the dispute between Penn State and its insurers, that it settled claims of abuse arising as early as 1971. This is well before the abuse dates previously disclosed. In the immortal words of Captain Renault: I’m shocked! Not that claims pre-date the 80s or even that they go back as far as 1971, but that they don’t go back to 1963 when Sandusky arrived on the Penn State campus to be a defensive coach.

Paterno’s dissemblers at the University and in his family declared in response to these new revelations that there was no “clear evidence” that Paterno knew. Really? How is it possible at this late date, scandal after scandal and post Spotlight, for them not to hear themselves? Knee-jerk denial does no one any good, particularly when we are dealing with a confirmed serial child predator. There is a thing called decency.

So let’s assume Paterno knew in the early 70s.  Why would he have kept his knowledge about Sandusky quiet? Well, by the early 1970s, Sandusky had transformed Penn State football into Linebacker U and in 1973 they went undefeated. The program was clearly on the way to the very top, and with Sandusky as defensive coordinator Penn State would win national championships in 1982 and 1986.  Paterno knew and chose to keep Sandusky. Why? Because it served his ends.And because children are dispensable, especially the ones in Sandusky’s Second Mile charity, which drew from a population of boys with troubled homes.  This is precisely the same reason the bishops let children suffer and the same reason the Solebury School ignored a long history of abuse on its campus, not to mention Horace Mann, Poly Prep, the Boy Scouts, and on and on.

Penn State fans now have a new choice: continue to make Joe Pa a saint despite the facts, or help the survivors find justice by desisting with your empty defenses. Denial that will drag down Penn State even farther or justice for the kids that suffered? To quote Kierkegaard, it is “Either/Or.”

This article, written by Professor Marci A. Hamilton, was originally published on Justia.com and Hamilton and Griffin on Rights on May 12, 2016.

Marci A. Hamilton is one of the leading church/state scholars in the United States and the Paul R. Verkuil Chair in Public Law, Benjamin N. Cardozo School of Law, Yeshiva University. She is the author of God vs. the Gavel: The Perils of Extreme Religious Liberty and Justice Denied: What America Must Do to Protect Its Children, and numerous scholarly articles. She has been a visiting professor at Princeton University, New York University School of Law, Emory University School of Law, and the Princeton Theological Seminary. Professor Hamilton was lead counsel for the City of Boerne, Texas, in the landmark decision,Boerne v. Flores, 521 U.S. 507 (1997), and has served as constitutional law counsel in many important cases involving religion, particularly in the area of clergy sex abuse and religious land use. Professor Hamilton clerked for Associate Justice Sandra Day O’Connor of the United States Supreme Court and Judge Edward R. Becker of the United States Court of Appeals for the Third Circuit; and received a J.D. from Pennsylvania Law School, where she served as Editor-in-Chief of the University of Pennsylvania Law Review; an M.A. in English from Pennsylvania State University; an M.A. in Philosophy from Pennsylvania State University; and a B.A. from Vanderbilt University.


Follow Marci Hamilton on Twitter: http://twitter.com/marci_hamilton

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Pivoting Decisions to Avoid Sabotaging Business Profitability

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by Dawna Jones, author of Decision Making for Dummies on Steve Denning’s (Forbes) list of 8 Noteworthy Books for 2014

Making money in business isn’t what it used to be. Exponential entrepreneurs move an idea from startup to billion-dollar company in short order. Business models are easily rendered irrelevant. Why are so many companies sticking to routine business making decisions as if nothing has changed, as if complexity has no impact? What do upstart startups, select mid-sized companies and agile business units of large companies see others don’t?

Is Profit the Result or the Means for our Business to Achieve Bigger Goals?

On every executive decision maker’s list of priorities you will find three priorities: increase revenue, mitigate risk and cut costs. Yet, hidden decision-making habits sabotage achievement of those same goals.

That is exactly what is happening when decisions are based on one glaring and flawed assumption: profit is the purpose of a business. A narrow focus is too narrow a frame in the context of complexity, where relevant data exists beyond view. Companies restrict and limit growth, leaving employees disengaged, but busy. Without a wider lens to see the big picture, the default is to solving problems and putting fires out. Instead, converting problems into business opportunities inspires engagement.

Assumptions are beliefs, sometimes rigidly held, assumed to be true but they might not be. While useful to compensate for insufficient information, left unexplored or unnoticed, assumptions increase risk and obscure clarity. In the traditional way of thinking, profit is the result of a company’s endeavour. In the contemporary mind, profit is the support a company needs to achieve something bigger. Fulfill a vision. Contribute something significant to the world.

If making grand assumptions is one risky routine habit, what else sabotages profitability?

Risk Mitigation

Risk has always been a matter of perception. When tainted meat gets recalled, the problem to the consumer isn’t the same as the problem as viewed by marketing or by executives. Forecasting risk, is sabotaged by one of many cognitive biases: “What is closer is more real than what is further away.” Mitigating risk is achieved by designing the decision making process to reduce or remove built-in cognitive bias. Not attending to cognitive bias in hiring, project management, sales and other key functions, exposes your reputation and weakens business sustainability.

Self-awareness alone does not remove cognitive biases. Designing decision-making to mitigate the effects of bias can reduce risk of self-sabotage. Cognitive bias applies to hiring, sales, management decisions, or promotion for example. In fact, as long as you are human bias actively distorts perception.

What if companies asked themselves?

What is the impact of this decision on the customer? Red Bull paid the price, $13 million to be exact, when customers found the advertising promise didn’t match the experience. Consumers are calling for companies to be transparent and trustworthy and expect them to tell the truth.

What if management learned to work with employees as peers rather than control them? Would the costs of stress related illness be as high as $190 billion USD annually?

What if decisions were checked against one ethical principle: Do No Harm?

For instance, “How will ‘this decision/action negatively impact the psychological safety employees feel? Or the health of the communities we live-work-serve in?” Costs of unethical behavior are largely hidden hence the need to raise leadership awareness.

Cutting Costs

A funny thing happened on the way to becoming a business decision maker. Fear. Nothing sabotages decisions faster. Fear of losing market share or fear of failing. The good news about fear is that it motivates action. The bad news is, the action tends to be risk avoidance rather than growth. As a decision maker, knowing you’re in a fear-based environment gives you control over avoiding costly mistakes.

Biologically, growth is impossible if you are protecting yourself from perceived threat. From a neuroscience point of view, the brain interprets negativity as a threat. The organizational brain sees ‘Cutting costs’ as threatening. The company heads smack into desperation and survival mode. Forget innovation, engagement or creativity.

Pivot language to the positive. Find cost savings. Besides being more inspiring, you will achieve serious returns to the bottom line, more so if you’ve built high trust into your culture.

Pivoting Decision Making to Support Business Adaptability

1) Focus and Oversight: Notice the underlying driver of the decision. Is it negative or positive? Limiting or Inspiring? Narrow or do you have the big picture in plain sight?

2) Relationships and Difficult Conversations: Can you have the difficult conversations in your company without making it personal? Or spiralling down into destabilizing conflict? How good are you at hearing bad news? If your people can’t give you bad news without retribution, you are creating risk. You want your people to be on your team, not to be afraid of the team leader. Fear is not a management strategy.

3) Diversity of Perspective: Engage more people in the decision-making process. Diversity in this context refers to diverse perspectives found in all layers of the organization. You can achieve this through decentralizing decision-making or by reaching out to the collective intelligence to significantly increase accuracy.

4) Foresight and Strategy: In the good old days, strategy making relied on forecasting the future by extrapolating based on what happened in the past. Linear thinking. Today, nothing about the past defines the future.

As a leader, your effectiveness relies on gaining comfort with working with what emerges. As a decision maker, you gain greater accuracy by engaging diverse perspectives (Reference point 3).

Software that uses collective intelligence to crowd source accuracy in future forecasting is out in beta. Test trials of Percypt show 94-97% accuracy. Try it out; tell me what happens. Reach beyond the executive level otherwise you’ll be consulting with yourselves. The true power lies in the diversity found in every corner of the company.

5) Purpose with Wider Benefit: When it comes to the environment, do no harm isn’t good enough. The effects of global climate change impact business and all life. The growing millennial workforce, at least, expects business to act as responsible global citizens.

Courage and expanded awareness is essential to engage the deep intelligence residing in the ecosystem of relationships in and beyond the company. Decision-making is the obvious place to start pivoting to a better position.

Dawna Jones knows business can transform itself to be better for society and the ecological community we depend on to sustain life. Collectively making better decisions based on expanding body-mind-spirit awareness asks for deep commitment to realizing potential. Contact Dawna to learn about custom designed experiential learning programs to integrate personal and collective multi-dimensional knowledge.

Dawna is also the author of Decision Making for Dummies, on Steve Denning’s (Forbes) list of 8 noteworthy books for 2014. She hosts the Evolutionary Provocateur podcast. Contact her at dawna@frominsighttoaction.com or through LinkedIn.
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H a r m o n y

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We travel on
At different pace
Each day a different song …

Our hopes and dreams
Our highs and lows
With all our rights and wrongs …

With Mindfulness
We learn to see
While traveling this path …

How thoughts perceive
The tales we weave
So if we do our math …

We come to know
That as we grow
And tweak and change our tune …

Our lives could be
Quite happily
As peaceful as the Moon …

__________________________

Soe Moe Lwin
3:58 pm
08/01/2016

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California's Marquee Senate Race: A Good Omen for Hillary Clinton

The race to succeed Barbara Boxer, a California icon and a liberal lion in the U.S. Senate, has an astounding over thirty candidates running for the seat. Of those, there are only a select few candidates who are actually competitive and with any meaningful resources. The two who really stand out, however, are Democrats Attorney General Kamala Harris and U.S. Congresswoman Loretta Sanchez.

The duo have raked-in the most financial resources and amassed the biggest war chests. In poll after poll the two candidates have also shown to posses the greatest name identification above all other challengers. Additionally, the pair have scooped up the most impactful and influential endorsements to date.

Harris has lined up high-profile endorsements from California’s Governor Jerry Brown and the California Democratic Party. Sanchez has rallied support from the majority of California’s Democratic House delegation.

What makes this contest even more interesting, is that in California, races from U.S. Senate all the way down to local office are now open primaries — meaning candidates of all political parties appear on the same ballot — and the top two vote getters, regardless of party, proceed to the run-off general election.

That means that in theory, Democrats Harris and Sanchez, could end up battling it out all the way until November.

Besides money, polling and backers, in a minority dominated state like California, Harris and Sanchez each have a natural and sizable base vote that’s comprised of key demographics: Harris, with African American voters, and Sanchez, with Latino voters.

With the clock ticking ever closer to election day, the dueling campaigns have been fiercely engaged in a last minute get out the vote blitz. They’re crisscrossing the state, working hard to shore up their base vote, and also expanding it to reach other slices of the electorate.

Coincidentally, Harris and Sanchez’s base consolidation efforts, along with their money poured into air campaigns on television, online and in mailboxes, plus field operations of door knocking and phone banking, and more, are all providing a crucial game-time assist to one of the contestants at the top of the ticket for President.

That candidate is former Secretary of State, Hillary Clinton.

Here’s why:

Indisputably, with every single contest to date in the Democratic primary, Clinton has overwhelmingly won with African American and Latino voters. They, along with women, other minority voters, and older Democratic Party loyalists, have encompassed the bulk of her winning coalition throughout this nomination contest.

Even without a contested U.S. Senate primary brawl, it’s clear that Clinton would be the prohibitive favorite and likely politically bulldoze her competitor, Senator Bernie Sanders, with California’s all-important minority vote. But, with such an historic opportunity to elect the first woman of African American and Indian American descent or the first Latina to such a high office as California’s next U.S. Senator, the simple fact of having Harris and Sanchez in such formidable positions on the ballot will surely bode well for Clinton.

That said, with every day that passes, the race is tightening. The freshest evidence of this is represented in latest poll conducted by the Public Policy Institute of California (PPIC). It had Clinton at 46% of the vote. Her chief rival, Senator Sanders, was at 44%. This makes the contest a dead heat.

As the race gets down to the wire, Clinton will no doubt get a boost from the fact that there’s a marquee contest for U.S. Senate on the same June 7th ballot with major candidates who will help increase participation among African American and Latino voters. And as the race intensifies in the coming days, Clinton, Harris and Sanchez’s campaigns will be putting their respective feet on their gas pedals to drive up turnout, because they all know, the more their base vote turns out, the better position they’ll be when the polls close.

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Why Do Cops Lie? Because They Can

A federal jury needed little time last week to convict two Los Angeles County sheriff’s deputies for beating an inmate with mental illness and filing false reports to cover up the assault. Convictions stemming from the scandalous abuse in the jails have become commonplace — 21 current or former L.A. County Sheriff’s Department members have now been convicted.

This case stemmed from a 2010 incident in which deputies kicked, punched and pepper sprayed the inmate in a locked hallway, out of sight of surveillance cameras, as punishment for having been disrespectful. The deputies then cooked up a story to justify the beating, claiming the inmate left his cell without permission, ignored orders to return to it and instead walked into the hallway, where he tried to punch a deputy and violently resisted being restrained. The deputies even went so far as to leave certain deputies out of their reports because they had been involved in too many other force incidents.

Now, police lying shouldn’t be news to anyone. A poll last year found that one in three Americans believe police routinely lie. Residents of Los Angeles don’t have to look too far for evidence of police dishonesty. Disgraced former L.A. County Sheriff Lee Baca pled guilty to lying to federal agents investigating civil rights abuses in the jails, and a federal jury convicted Baca’s second-in-command — former Undersheriff Paul Tanaka – of obstruction of justice for interfering with that investigation.

In jail settings we should be particularly wary about the potential for police dishonesty. The ACLU of Southern California (ACLU SoCal) published reports over several years compiling inmate complaints of brutal violence at the hands of L.A. County sheriff’s deputies. Baca reflexively responded to these complaints with the refrain that inmates lie and exaggerate — and it unsurprisingly worked.

We as society are told, over and over, that those imprisoned are the worst of the worst and cannot be trusted. As a result, many in the public don’t care what happens to inmates or feel they deserve whatever they get. And for others the jails are simply an instance of out of sight, out of mind. Despite our long-term societal addiction to incarceration, relatively few of us will ever see the inside of a jail, and fewer still will think very long about what happens there.

For these reasons we should be on the lookout for police officials and agencies that whitewash inmate allegations of abuse. A key tell-tale sign is the investigation that relies exclusively on statements made by the officers involved and fails to include available civilian witnesses. In many instances documented by ACLU SoCal, chaplains and volunteers who witnessed inmate abuse made themselves available to investigators, but were never questioned.

The deputies who beat inmates and lied about it acted with impunity because they knew just how cursory the investigation into the beating would be and that no one in the department would ever believe the victim. It’s why officers lie — because they know they can get away with it.

Police know that in a typical swearing match, where it is their word against someone else’s, they will likely win. Notwithstanding the percentage of the people who believe police lie regularly, police still receive high honesty ratings, with 56 percent of Americans giving them a very high or high score. A deputy’s odds of winning a swearing match only improve when he squares off against, say, an inmate in the jails — the deputy knows full well how little weight the inmate’s testimony will carry. What little doubt remains can be practically eliminated when multiple deputies give corroborating testimony.

Who are prosecutors, judges and jurors going to believe? That’s the tempting question that leads down the rabbit hole where officers end up brazenly and coolly beating an inmate and lying about his being the aggressor.

Before anyone concludes that this is just a case of a few bad apples, remember that these were training officers who were trying both to teach an inmate a lesson and educate a young recruit in how things get done in the jails. They were trying to perpetuate a culture that the leadership either encouraged or condoned.

Human nature and history should have taught us by now that if power can be abused, it will be abused. We must put specific checks and balances in place to test the veracity of police — not because they are less trustworthy than others, but because they have been deemed credible and therefore given the power to lie.

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