“Superstar historian”?

doug%20brinkley_large.jpgPlease excuse three straight posts bashing various Chronicle articles, but this Chronicle/Allan Turner reads like a press release from Rice University regarding the institution’s hiring of former Tulane University history professor, Douglas Brinkley:

The man who once took a busload of college students on a madcap tour of the nation’s historic and natural wonders, including the Grand Canyon and author Ken Kesey’s farm, may be just what Rice University’s austere public policy think tank needs to make itself a household name.
That, at least, was the hope on Thursday as university officials explored the possible benefits of their latest faculty hire ó New Orleans superstar historian Douglas Brinkley ó might bring to Rice and its Baker Institute of Public Policy.
A protege of best-selling historian Stephen Ambrose and a regular commentator for CBS News, Brinkley is renowned for his ability to make complex ideas understandable. He is a prolific author, and his 700-plus page tome chronicling Hurricane Katrina’s devastation of New Orleans and the Mississippi Gulf Coast will receive the prestigious Robert F. Kennedy Book Award later this month.
Brinkley, said Baker founding director Edward Djerejian, could be “a bridge between the world of ideas and action,” helping the institute spread its policy recommendations to the general public.
“He’s going to bring us a huge amount of visibility,” added Rice humanities dean Gary Wihl.

“Superstar historian”? That characterization of Brinkley is certainly not shared by all in the academic community, as noted in this earlier post regarding this William McCrary review of Brinkley’s Hurricane Katrina book:

Let me confess that I haven’t read all of the writings of Douglas Brinkley. I doubt that anyone — perhaps not even Mr. Brinkley himself — has ever done that. He is a veritable … deluge of literary productivity, with books to his credit on a dizzying array of subjects, ranging from Beat poetry to Jimmy Carter, and from Henry Ford to, most recently, the failed Democratic presidential candidate John Kerry. Indeed, the range of his literary productions is so wide as to seem indiscriminate. But his bestknown writings seem to have three things in common.
First and foremost is their relentless mediocrity. I cannot think of a historian or public intellectual who has managed to make himself so prominent in American public life without having put forward a single memorable idea, a single original analysis, or a single lapidary phrase — let alone without publishing a book that has had any discernable impact. Mr. Brinkley is, to use Daniel Boorstin’s famous words, a historian famous for being well-known.

For what it’s worth, I have read both Brinkley’s book on Hurricane Katrina and Jed Horne’s Breach of Faith: Hurricane Katrina and the Near Death of a Great Ameican City (Random House 2006). Horne’s book is a good read and far superior to Brinkley’s book, which is borderline unreadable.
Moreover, this skeptical view of Brinkley’s academic talent is not new. Back in 1999, Slate’s David Platz penned this well-know article about Brinkley taking advantage of his friendship with John F. Kennedy, Jr. to publicize himself after Kennedy’s death in a plane crash:

According to the Washington Post, Brinkley cut a $10,000 deal with NBC for a week of exclusive Kennedy commentary, but then agreed to provide it pro bono. Editors at George [Kennedy’s magazine] are reportedly so annoyed about Brinkley’s death punditry that they have dropped him from the masthead.
Even amid this week’s staggering hyperbole, Brinkley’s emotional profligacy has distinguished him. He is, as he rarely fails to remind his audience, 38 years old like Kennedy, a vegetarian like Kennedy, and a Sagittarius like Kennedy. That identification with Kennedy accounts in part for Brinkley’s tenuous proposition: that Kennedy’s death is the signal event of his generation, the moment Gen X lost its innocence. In the opening paragraph of his New York Times op-ed, Brinkley opined: “It’s as if suddenly, an entire generation’s optimism is deflated, and all that is left is the limp reality of growing old.” Kennedy’s death may have affected his friend Brinkley this way. I am not sure anyone else outside Kennedy’s circle was so moved.[ . . .]
Brinkley’s sunniness and ardor are appealing, but his public history has its shortcomings. His idols, Ambrose and Schlesinger, have won the admiration of the academy and the public. Brinkley has won the public but has not wowed the academy. Some of his colleagues’ dismay is simply jealousy of his entrepreneurship, but some is more substantive. His books read like good journalism–and that’s no insult–but they are not great history. “He has made no analytical contribution at all,” says one Ivy League historian who professes to like Brinkley.

I am glad that the Chronicle considers Rice’s hiring of a history professor is newsworthy. However, for the Chron article not even to mention the well-known doubts about the academic merit of Brinkley’s work is the type of cheerleading usually reserved for the Chronicle sportspage.

Levinson and Balkin on the Dred Scott case

dscott.jpgLongtime University of Texas Law Professor Sandy Levinson has teamed up with Jack Balkin of Balkinization fame to author a new SSRN paper, 13 Ways of Looking at Dred Scott. For a provocative abstract, check the following out:

Dred Scott v. Sanford is a classic case that is relevant to almost every important question of contemporary constitutional theory.
Dred Scott connected race to social status, to citizenship, and to being a part of the American people. One hundred fifty years later these connections still haunt us; and the twin questions of who is truly American and who American belongs to still roil our national debates.
Dred Scott is a case about threats to national security and whether the Constitution is a suicide pact. It concerns whether the Constitution follows the flag and whether constitutional rights obtain in federally held lands overseas. And it asks whether, as Chief Justice Taney famously said of blacks, there are indeed some people who have no rights we Americans are bound to respect.
Dred Scott remains the most salient example in debates over the legitimacy of substantive due process. It subverts our intuitions about the relative merits of originalism and living constitutionalism. It symbolizes the problem of constitutional evil and the question whether responsibility for great injustices lies in the Constitution itself or in the judges who apply it.
Finally, Dred Scott encapsulates the central problems of judicial review in a constitutional democracy. On the one hand, Dred Scott raises perennial questions about the judicial role in cases of profound moral and political disagreement, and about judicial responsibility for the backlash and political upheaval that may result from judicial review. On the other hand, the political context of the Dred Scott decision suggests that the Supreme Court rarely strays far from the wishes of the dominant national political coalition. It raises the unsettling possibility that, given larger social and political forces, what courts do in highly contested cases is far less important than we imagine.

Larry Ribstein’s big day

ribstein.jpgGreat teachers are a popular topic on this blog (see here and here), so I would be remiss if I didn’t note that the University of Illinois College of Law conducted the investiture ceremony earlier this week honoring Clear Thinkers favorite Larry Ribstein as the holder of the Mildred Van Voorhis Jones Chair at the school.
The blawgosphere has undergone such explosive growth over the past several years that we are still too close to it to realize the full extent of the seismic shift that it has caused in the area of legal research and analysis. But make no mistake about it, Professor Ribstein has been at the forefront of this sea change, literally pushing legal scholarship from what had been mostly closed conversations between fellow academics into a hugely valuable resource that is now readily available to millions over the Web. Already the leading expert in the U.S. in the area of unincorporated business associations, Professor Ribstein has become one of the blawgosphere’s most insightful thinkers on corporate governance issues and the effects of regulation on markets and business. His Ideoblog blog has contributed at least as much to the understanding and appreciation of business law issues over the past three years as any Web resource of which I am aware.
The video of Larry’s investiture ceremony is here. Larry’s acceptance speech begins at about the 14 and a half minute mark of the program and is essentially a review of the impact that the study of markets has had on his marvelous career. Having the opportunity to watch a top notch academic at the top of his game is always an enjoyable experience, so pull up a chair and watch Larry’s speech. Besides, unless you watch the video, how else are you going to learn the story of how Larry’s blog is really the result of failed entrepreneurial ventures involving hamsters and an animal cemetery?

Off to the Advanced Business Bankruptcy Conference

Business%20Bankruptcy%20Course%20pic.gifI’m buzzing up to downtown Dallas for the day to participate in the State Bar of Texas CLE’s 25th Annual Advanced Business Bankruptcy Conference at the Adolphus Hotel. If you happen to be in downtown Dallas today and have some free time, then come on by and say hello and perhaps even take in a part of the conference. This is consistently one of the State Bar’s best prepared and most informative continuing legal education programs.
The conference brochure is here, and the updated outline for my talk — Business Bankruptcy Blogs — is here.

Institutionalized fanaticism

signing%20day.jpgIf your friends or co-workers who follow college football closely are acting a bit stressed out today, then it’s quite likely that the source of their anxiety is a 17 or 18 year old who they have never met.
Yes, today is that day of the absurd dubbed “National Signing Day” when we are deluged with the rather odd spectacle of grown men fawning over high school football players to induce them to come take advantage of their university’s resort facilities rather than their competition’s resort facilities. And, oh yeah, if they can earn a few “tips” from well-heeled alums while enjoying those resort facilities, then that’s alright, too.
Indeed, this NY Times article already suggests that the University of Illinois’ inexplicably strong recruiting class this year may be the result of cheating. With the proliferation of the blogosphere over the past couple of years, a host of blogs follow the recruiting wars closely and often with keen wit. The following are a few of the interesting posts on this year’s recruiting season that I’ve stumbled across:

The Wizard of Odds explains why all of this competition over the quality of recruiting classes is largely meaningless;
The Sunday Morning QB examines the strange system in which all of this has evolved;
The House that Rock Built explores the ripple effect of recruiting decisions;
Every Day Should Be a Saturday reveals how recruiting foretold Rex Grossman’s mediocre Super Bowl performance (just kidding);
A widget that displays a map reflecting where a school’s recruits are coming from; and
The College Football Resource page has more information than you should ever want to know about this year’s top recruits and where they are going.

Meanwhile, as university presidents continue to dither over this fundamentally flawed system of regulating rents, this post from a couple of years ago suggests that a better system is readily available so long as the colleges forsake being the NFL’s free minor league system, a position with which Malcolm Gladwell agrees. As noted earlier here, big-time college football as presently structured is hopelessly corrupt, but it’s a pretty darn entertaining form of corruption. Adopting a structure much closer to college baseball would likely minimize the corruptive elements of college football while not affecting the entertainment value of the sport much. But it’s going to take leadership and courage from the top of the universities to promote and implement such a reform.
What are the chances of such leadership emerging? Probably about the same as Rice knocking off Texas next season in Austin.

Make sure they serve coffee

lawschool.jpgNorm Pattis over at Crime & Federalism isn’t impressed with the following offering by the University of Connecticut School of Law this semester:

Seminar: Therapeutic Jurisprudence 692
Professor: Robert G. Madden, LCSW, JD
Course Description: Therapeutic Jurisprudence is an interdisciplinary approach to law that focuses on the impact of legal rules, processes and institutions on people’s emotional lives and psychological well-being. Using this perspective, the course examines recent developments in several areas, including collaborative divorce law; creative problem solving; the establishment of drug treatment, domestic violence, mental health and other specialized courts; preventive law; procedural and restorative justice; and alternative dispute resolution. Readings include materials from psychology, criminology, social work, and other disciplines. The course is designed to emphasize how therapeutic jurisprudence may enrich the practice of law through the integration of interdisciplinary, non-adversarial, nontraditional, creative, collaborative, and psychologically-beneficial legal experiences.

Imagine the implications for courtroom exchanges during courtroom testimony:

“Objection, your honor.”
“What’s your objection?”
“Contrary to sound social policy.”

Update on university endowments

U%20of%20H%20Alumni%20Center%20Exterior%20Signature.jpgThe financing of public universities (see here and here) and college education generally (see here) have been frequent topics recently, so this National Association of College and University Business Officers publication ranking the 765 top endowments of U.S. universities is timely (last year’s ranking is here). Here are the rankings of some universities that will be of interest to most Texans:
1 Harvard University $28.9 billion
2 Yale University $18.0 billion
3 Stanford University $14.0 billion
4 University of Texas System $13.2 billion
10 Texas A&M University System $5.64 billion
19 Rice University $3.98 billion
55 Southern Methodist University $1.22 billion
57 Baylor College of Medicine $1.0 billion
62 Texas Christian University $1.0 billion
65 University of Oklahoma $960 million
73 Baylor University $870 million
80 Trinity University (San Antonio) $815 million
100 Louisiana State University System $593 million
116 Texas Tech University $540 million
135 University of Houston System $454 million
190 Southwestern University (Georgetown) $280 million
217 Abilene Christian University $228 million
297 St. Mary’s University (San Antonio) TX $135 million
315 Austin College (Sherman) $120 million
325 Austin Presbyterian Theological Seminary (Austin) $110 million
362 Hardin-Simmons University (Abilene) $88 million
375 Houston Baptist University $82 million
389 Angelo State University $77 million
419 University of North Texas $66 million
437 Texas State University-San Marcos $61,596
449 Texas Lutheran University (Seguin) $58,524
466 St. Edward’s University (Austin) $54 million
472 McMurry University (Abilene) $53 million
494 University of St. Thomas (Houston) $48
497 East Texas Baptist University (Marshall) $47 million
510 University of Dallas $45 million
515 Howard Payne University $44 million
523 University of the Incarnate Word (San Antonio) $42 million
524 Schreiner University (Kerrville) $42 million
580 Texas Wesleyan University (Ft. Worth) $32 million
763 Laredo Community College $1.9 million
Houston’s problem-laden university — Texas Southern University — does not even make the list. Meanwhile, the University of Texas, Texas A&M University and Rice University continue to maintain top 20 endowments, but the University of Houston continues to provide the most bang for the educational buck of any university system in Texas. Which is all the more reason why the state and the Houston area should be exploring ways to supplement UH’s endowed capital in connection with elevation of the UH-Central Campus to tier I research university status.

What to do about TSU?

TSU.gifEarlier this week, the discussion in Texas education circles was the University of Houston’s proposal to establish a third medical school in the Texas Medical School in conjunction with The Methodist Hospital and Cornell University. Today, the discussion turns toward one of chronic problems of the Texas system of public universities — what to do about Texas Southern University?
Turns out that former TSU president Priscilla Slade’s spending habits are the least of TSU’s problems. TSU cannot come close to paying its current and projected liabilities, which include the following:

Deferred maintenance on buildings — including daily pumping of water out of the school’s administration building — totaling $54 million over the next 10 years;
Missing purchase orders and outstanding payables from past years to vendors of $1.7 million owed without purchase orders and another $900,000 owed with purchase orders that were not budgeted;
Shuttle service and parking garages do not collect enough fees to support debt service on $34 million in construction projects. Who thought that they would?;
The athletics department has a $2 million operating deficit even though it is subsidized primarily with student fees;
The institution’s computer and information technology is obsolescent and needs to be overhauled at a short term cost of more than $500,000, which is also not budgeted; and
There is a $1.2 million debt service shortfall on two new dorms that are not even fully occupied.

Governor Perry’s office issued the usual strong words about TSU needing to fix its problems immediately. But, really. What the heck is the TSU board of regents to do in the short term? Hold bake sales to raise money?
Texas Southern’s financial problems are chronic and are not going away absent a re-evaluation of its place among Texas public universities in general and the Houston area’s need for multiple open admission institutions, in particular. Although it provided an important service to Texas in the days of segregation, TSU has been largely overtaken in providing the open admissions service to the Houston area by the University of Houston-Downtown, which does a better job of educating its students and, over the past decade or so, has grown into a larger institution than TSU. Of course, it helps that UH-D has access to the University of Houston system’s relatively modest endowment, a distinct advantage that TSU has never enjoyed.
So, what to do with TSU? Well, it’s clear that providing minimal emergency funding for its short-term financial problems — the usual response — is akin to throwing money on a dormant campfire. TSU needs to be merged into one of the major university systems — the UH system probably makes the most sense at this point — and then the legislature needs to provide realistic short-term and long-term funding while UH absorbs TSU, probably into a second UH-D campus. But however TSU is reorganized, one thing is clear — providing funding for its current financial problems without a long-term plan for reorganizing the institution and redefining its purpose would be a failure of leadership, something that Texans have endured for far too long in the funding and administration of their public universities.

Thinking beyond the UH Medical School

TMC-arial.gifBlogHouston.net’s Kevin Whited notes this Chronicle/Todd Ackerman article about the University of Houston floating a proposed new Texas Medical Center-based medical school in a collaborative project with The Methodist Hospital and Cornell University’s Weill Medical School.
Unfortunately for UH, the proposal has zilch chance of floating for much more than a few minutes amidst the shark-infested waters of Texas educational politics. Heck, the political forces in Texas cannot even agree to provide adequate funding of UH’s uncriticizable goal of becoming the state’s third tier I research university. The University of Texas, Texas A&M University, and Baylor College of Medicine — Methodist’s former longtime partner — are just a few of the powerful political forces that would almost certainly line up against the UH-Methodist proposal.
Yet, the UH-Methodist proposal has merit, so here’s a proposed modification. Rather than start another medical school from scratch, let’s merge the University of Houston system with the Texas A&M system and have A&M expand its fledgling medical school into the Texas Medical Center from its current central Texas outpost. From a broader standpoint, the merger makes sense because it gives the A&M system something that it desperately needs — a major urban presence — while also giving UH something that it has always lacked — that is, access to adequate endowed capital. Such a merger would also provide A&M with the law school that it has always coveted and would greatly facilitate UH’s elevation into a tier I research institution, which is something that would substantially benefit the Houston area.
While the University of Texas would almost certainly oppose such a merger, perhaps a deal could be struck at the same time to merge the Texas Tech University system into the UT system while organizing the remainder of Texas’ non-affiliated public universities into a third university system for funding and administrative purposes. Such a structure would give Texas a similar structure to that of the reasonably successful California model, which has generated far more first rate, tier I research universities (10) than the current dysfunctional Texas system (2). Indeed, almost anything would be a huge improvement over the current Texas system, which allocates a disproportionate amount of endowed capital to the UT and A&M systems while starving the remainder of Texas’ public universities.
Make sense? You bet. Chances of happening? Probably not much. But just as UCLA and Cal-Berkeley co-exist productively in the same university system in California, UH and A&M could do the same in Texas. And just as two major university systems work side-by-side together to educate Californians, a similar structure would be a substantial improvement in the educational system of Texas.

The sad story of Denice Denton

Denice%20Denton.jpgDenice Denton grew up in the Houston area, went to MIT to study engineering, won a number of research awards and eventually signed on in 1987 as a faculty member at the University of Wisconsin, where she was the only female faculty member in the department of electrical and computer engineering at the time. She continued to excel at Wisconsin and by 1996, Denton was hired at the age of 37 as the first female engineering dean at a major US research university in the U.S. (the University of Washington’s College of Engineering).
Thus, it was not particularly surprising that Denton was named as chancellor at the University of California, Santa Cruz in 2004, the youngest chancellor in the UC system. Less than two years later, an embattled Denton went on medical leave and checked herself into the Langley Porter Psychiatric Hospital at the University of California at San Francisco. On June 24, 2006, after checking out of the hospital, Denton committed suicide by leaping from a high-rise apartment building in San Francisco.
This Paul Fain/Arts & Letters Daily article covers the final few weeks of Denton’s life, and it’s fascinating look into the intersection of depression, political correctness, anti-political correctness, and the byzantine world of academic politics. Definitely not a life for the faint-hearted.