Dr. Peter Magrath

Occasionally someone makes his or her point so well that there is little to add other than AMEN!  So it is with Hoppy Kercheval’s tribute to West Virginia University President Peter Magrath: “The Man Who Saved West Virginia University”.

I had several opportunities over the last year to interact with and observe Dr. Peter Magrath.  He never failed to impress.  In fact, if I had to pick one word to describe him, it’s “presidential.”  He always knew exactly what needed saying or doing by someone in his position.  He also led West Virginia University out of one of the darkest times in its history.  West Virginia  and West Virginia University are better places for his passing through.

Indecent exposure

I never know what to make of articles that appear in The West Virginia Record, the state’s only real legal rag (they prefer the term “journal”).

This week’s edition contains an interesting article about some federally-funded research conducted by WVU health sciences faculty who also moonlight as expert witnesses in railroad workers’ solvents exposure cases.

Several points worth making:

  • For those of you who think lawyers are whores, you haven’t met a real whore until you’ve met some of the “expert” witnesses that are paraded regularly through our courtroom doors.  Indeed in all my years associated with the legal system, I can think of only a handful of times when an expert produced an opinion that was inconsistent with what the person paying his or her bill wanted him or her to find.
  • The work of James Turner and others in exposing the WVU researchers’ questionable work is an example of fine lawyering.  Lawyers have to become experts themselves to challenge expert witnesses effectively.  Mr. Turner appears to have left no stone unturned in getting to the bottom of this matter.
  • If the allegations are true, several remedies are available to address it.  There are federal criminal and civil penalties for research fraud and/or misuse of federal funds, as well as penalties for perjury.  Furthermore, WVU has a system whereby tenured faculty can be stripped of both tenure and their jobs if allegations like these turn out to be true.  Finally, courts can sanction lawyers and others who knowingly perpetrate frauds like this on the court.
  • I note that Mr. Turner hired as his expert a University of Michigan neurology professor.  The University of Michigan is one of the nation’s premier research universities  and member of the Association of American Universities.  See “To Research or Not to Research?  That Is the Question.”

Dr. Robert M Berdahl, president of the Association of American Universities, suggested yesterday that the United States needs to prune its number of research universities in light of tighter budgets and stronger international competition.  If this were to be done, it is beyond doubt that Marshall University and all but certain that West Virginia University* would not make the cut.

I have mixed feelings about Dr. Berdahl’s proposal.  On the one hand, I think every higher education institution should be free to compete for scarce research grant dollars from NSF, NIH and other organizations.  If there is any arena in which free market and merit principles should operate, it is in the fields of education and research.  On the other hand, I know that Congress has provided more and more institutions with earmarks for research without regard to merit and that West Virginia University and Marshall University both have struggled to come up with the modest amounts of matching funds required by West Virginia’s own Research Trust Fund program, which suggests that neither institution is ready to move into the upper echelons of American research universities any time soon.

 

*West Virginia University is listed in the Carnegie classification system as having “high,” rather than “very high,” research activity, which places it behind at least 96 other higher education institutions in terms of research activity.  Additionally, West Virginia University will not appear anywhere on the soon-to-be-released and very prestigious National Research Council rankings of graduate programs at over 222 higher education institutions because it didn’t even participate!  I challenge someone to review the list and attempt to identify ONE other state without a participating institution (HINT: There is one other state.) or ONE of West Virginia University’s peer institutions that did not participate.  More on this subject when the rankings are released.

Page 3 of 3123
CONTACT

© 2010 DCT Advisors LLC
Post Office Box 224
3288 Winfield Road
Winfield, West Virginia 25213
Phone: 304.541.0332
Fax: 866.783.0511
Email: dct@dctadvisors.com

text

LEGAL DISCLAIMER

THIS IS NOT A LEGAL ADVERTISEMENT. DCT Advisors performs exclusively non-legal work. The materials on this website have been prepared for informational purposes and are not legal advice, nor do they create a lawyer-client relationship.