Making (up?) the grade

Report CardWest Virginia higher education faculty sure are prickly when it comes to allegations of making up grades for students who happen to be the daughters of powerful public officials.  The latest allegation is that West Virginia State Treasurer John Perdue’s daughter Emily had two incomplete grades changed to A’s by a dean at Marshall University without Miss Perdue’s professor’s knowledge and approval.

In yesterday’s newspaper, Miss Perdue and her father talked to a reporter about the story.  For those of you who were saturated and satiated with coverage of the WVU-Bresch degree scandal, stop reading the newspaper for a few more days.

Interestingly, there appear to be some significant similarities and differences between this story and the Bresch story.

Significant similarities:

  • The daughter of a powerful politician;
  • A fairly quick investigation/decision by the provost (vulnerable to second-guessing as a “rush to judgment”);
  • A decision that favored the daughter; and
  • FERPA (privacy law) violations by an individual or individuals seeking to expose the “truth.”

Significant differences:

  • We are talking about grades in two classes, not a full-blown degree.
  • Miss Perdue actually can produce work that she completed.  She also claims to have met with the dean on multiple occasions recently, which should be easily verifiable.
  • Miss Perdue has a reasonably good GPA and appears to be a fairly conscientious student.
  • This professor may have an axe to grind with the dean.
  • To date, there’s no evidence whatsoever that the State Treasurer or friends of the State Treasurer did anything to influence the outcome.
  • To date, there’s no evidence of presidential involvement (beyond, I would hope, his being apprised of the results of the provost’s investigation) or connections to Miss Perdue or her father.
  • This issue appears to have been treated as the truly academic matter it is.

Predictions:

  • You’ll be learning about several things you probably should not, given federal student privacy laws, as this story unfolds.  This is a serious downside to being a politican’s daughter; you are a public figure whether or not you want to be.
  • This story will not have the “legs” that the Bresch story had because of the “axe-grinding” issue and the evidence that work actually was completed.
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Me talk football

It is good to see West Virginia University focusing on the institution’s impressive research efforts in its lead website news story today.  It seems Dr. Julian Bailes, a researcher with the Blanchette Rockefeller Neurosciences Institute at WVU, has had his research on the impact of football injuries recognized in a leading medical journal.  Which one, you ask?

Sports Brain (a)   The Journal of the American Medical Association?

(b)   The New England Journal of Medicine?

(c)   Brain: A Journal of Neurology?

(d)   The Journal of Neuroscience?

(e)   GQ?

If you guessed (e), you, of course, are correct.  In between articles titled “Why We’re Wild About Olivia Wilde: A Sexy Video and Exclusive Photos,” “I Kissed a Teenage Lesbian (and I Liked It)” and “Me Talk Presidential One Day” (I wonder which of these three links is destined to become my blog’s most clicked link ever) is an article titled “Game Brain” about Dr. Bailes’s research.

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Yesterday I explained how I would select West Virginia judges.  How about West Virginia justices?

The last thing I would want would be for the governor (not this governor, but rather governors generally) to have exclusive power to appoint justices.  With only five justices on our highest court and the court’s stranglehold on appellate decisionmaking, West Virginia’s State Supreme Court could easily become dominated by a single governor’s appointments, and the governor could then end up controlling not one, but two, branches of state government.  So much for the fundamental constitutional principle of separation of powers.

By the same token, I’m not keen on the election option either.  The biggest problem: because the U.S. Supreme Court (wrongly in my opinion) equates obscene independent expenditure on elections with core First Amendment free speech rights, judicial seats – like all political seats for that matter – are vulnerable to being bought and paid for by rich lawyers and people like Don Blankenship who have a lot of money.  A secondary problem: I want my justices performing judicial business, not running around the state giving political speeches and eating pinto beans at gatherings of party faithful.

If I had my choice, the lower level judges selected to serve by lottery (described in my previous post) would select one of their own from time to time to continue judicial service as a state supreme court justice for a six year, non-renewable term.

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I note that How Appealing, a widely read blog in elite legal circles, is carrying news of both former U.S. Supreme Court Justice Sandra Day O’Connor’s visit to West Virginia and her advice to West Virginia to stop electing judges.  Thanks to Hugh Caperton, Don Blankenship and Brent Benjamin and their United States Supreme Court case,West Virginia’s Independent Commission on Judicial Reform has an audience far beyond West Virginia’s borders.

Is Justice O’Connor right?  I think so, as long as we develop a system to replace popular election that is likely to produce the legal profession’s best and brightest and most fair and balanced as state judges.  I really don’t want my judge working the political pinto bean dinner circuit, nor feeling pressure to impose the popular criminal sentence.

Should the Governor be able to appoint judges, possibly with the advice and consent of the Senate?  If that’s the only process, I don’t think so.  Otherwise, we may do little more than place political partisans in positions of judicial power.

Should lawyers play a role in the selection of judges?  Yes, but ….  The people most likely to know whether an individual demonstrates the characteristics necessary to be a good judge are lawyers who interact with him or her regularly.  By the same  token, lawyers often do not appreciate larger policy issues nor do they always act honorably.

What would I do?

  • I would solicit applications from all lawyers interested in being judges.  They would submit character references and writing samples.
  • I would have a committee made up primarily of non-lawyers review the applicants’ qualifications and designate anywhere from 20% to 25% as the most highly qualified.
  • I then would hold a lottery to select the judge, who would serve for six years.  Once he or she served six years, he or she would not be eligible to serve as a judge again.
  • Judicial seats would be filled on a rotating basis so more veteran judges could mentor newer judges.

It’s one thing to say that there’s got to be a better system of selecting judges than popular election.  It’s another thing to come up with a truly better system given the vicissitudes of politics, money and self-interest.

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If tomorrow you find yourself in a sixth dimension as vast as space and as timeless as infinity, where particles move faster than time and time machines allow you to travel to visit distant people and places, you’ve most likely entered, not the Twilight Zone, but the Morgantown Zone, where guest lecturer Ronald Mallett, a University of Connecticut physicist, will talk about the science(?) of time travel.

It is my understanding that West Virginia Mountaineer football coach Bill Stewart will be in attendance. He hopes to turn back time to Saturday night so that his team can have another chance to hold on to the football.

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