Wednesday, July 30, 2014

Bands On the Run: It's Now Ohio State's Turn

Jonathan Waters proclaimed he had “The Best Damn Job in the World” as Director of The Best Damn Band in the Land (TBDBITL). That is, until last Thursday when the President of The Ohio State University fired John Waters as Director of the Ohio State University Marching Band. Ohio State joins the recent Hall of Shame of college bands. Marching bands are engraved into the tradition of college football. They range from the traditional bands of the Big Ten to the rhythmic excellence of Florida A&M. Then there’s the Stanford Marching Band in a class of its own. It has variously been banned from the Rose Bowl, Notre Dame and Disneyland. The Stanford Indians/Tree/Cardinal hold nothing sacred. The University of California Davis Aggies, and the University of Wisconsin Badgers timed a simultaneous outrage in 2008. The Aggies Marching Band is a student organization – not a part of a school of music. It also has a history of public urination, dropping trou, alcohol, harassment, and hazing. The band’s director went on stress leave and filed a sexual harassment claim against the band in October 2008 for creating a “hostile work environment.” His timing was poor. His 15 minutes of fame was eclipsed two weeks later when the Director of the University of Wisconsin Marching Band suspended the band for the upcoming Ohio State football game. The Marching Badgers had a history of alcohol, harassment, and inappropriate sexual behavior. The Wisconsin suspension was initiated upon the complaints of parents of two band members who objected to the alcohol thrust upon their freshmen children in the band. Florida A & M University, FAMU, experienced a tragedy in 2011. Robert Champion, a drum major, collapsed and died on a bus during hazing. 15 band members were charged with manslaughter. The band was suspended for 22 months. TBDMITL has a tradition spanning decades, probably over 50 years, of boorish behavior that may have been the norm into the 1960’s. “Boys will be boys.” The band admitted women in 1973, but the behavior continued. Women constitute 21% of the band membership, but the culture continues. Congress enacted Title 9, The Equal opportunity in Education Act of 1972, but the band’s behavior continued. The nation’s mores changed, but the band’s behavior continued. Sexual harassment is no longer tolerated, but the band’s behavior continued. Helicopter parents and videos are a constant today, but the band did not change. Boys can no longer be boys in the old sense. Jonathan Waters played sousaphone in the band from 1995-1999. He graduated in 2000 and served as a graduate assistant to the band from 2000-2002. He was named Assistant Director of Marching and Athletic bands in 2002 and promoted to Director in 2012 upon the resignation of his predecessor who led the band for 25 years. Jonathan initiated changes to the band. He started to rein in the band’s anti-social behavior. His big changes were in the programing. He initiated creative routines, which upheld the title of The Best Damn Band in the Land. Their Michael Jackson Moonwalk got national attention, followed by an incredible tribute to the Gettysburg Address. A parent complained about the sexualized culture of the band. The university’s Office of Compliance and Integrity conducted a two month investigation. It issued a 23 page report condemning the “sexualized” culture of the band, providing several examples. One was the “Flying 69 on tour busses” in which two band members hang from luggage racks posing in a 69 position. New members of the band received nicknames, often sexually explicit nicknames. A long standing tradition was the annual Midnight Ramp. Band members would parade down the ramp into Buckeye Stadium at midnight, wearing their pajamas, or more, or less. Participation was voluntary. Band members often had to change on the bus in the presence of the opposite sex. The marching band had an unofficial song book, consisting of misogynistic and sexual lyrics to other college fight songs. They then sang these songs on bus trips. I remember from my three years teaching in Ada, Ohio several Ohio State alums singing their obscene version of Michigan’s fight song, The Victors. The band had a culture of intimidation coupled, as might be expected by college students, with alcohol. The report found several problems with the leadership of Jonathan waters. He pled ignorance on occasion. He didn’t think some band activities were “that bad.” He had also started to clean up some of their antics. He also exercised bad judgment in some instances. For example, a female bank member claimed a male band member sexually assaulted her. Jonathan’s response, which was overturned by the University, was to suspend both for a week. The denials are not a viable defense for someone who’s been with the band for 18 years. Ohio State’s new president, Dr. Michael drake, had an easy decision. He was Chancellor of the University of California at Irvine, which is not known as an athletic powerhouse. He came as an outsider who could bring a fresh perspective to the campus. The school was still reeling from the Jim Tressel – Tyrone Pryor debacle and had recently fired President Gordon Gee, who suffered from acute diarrhea of the mouth. President Drake could therefore establish first that he was the President of the Ohio State University. He calls the shots. Second, Ohio State is going to change its culture, even if it has to be dragged kicking and scheming into the 21st Century. Jonathan Waters was therefore thrown under the band bus. A non-scientific look at the letters to the editor responses indicates Ohio fans favor Mr. Waters rather than President Drake.

Tuesday, July 22, 2014

The Tragedies of Eric Garner

Eric Garner officially died Thursday in a hospital, but his death occurred on the streets of Staten Island. He was the victim of a police arrest, which was literally a takedown. A cell phone video filmed the incident. Two police officers approached him about selling “loosies,” single cigarettes. He denied it: “I’m minding my business. Why don’t you leave me alone?” Eric was a big man, 6’3”, 350 pounds at 43 years of age. He started walking away. He did not fight the officers or pull out a weapon. He walked away. The police probably knew who Eric was. He had been arrested 31 times previously, sometimes for selling “loosies.” He did not pose a threat to the officers. Officer Daniel Pantaleo, a 8 year veteran, jumped Eric from behind, throwing his arm around Eric’s neck in what is commonly referred to as a chokehold, which results in compression of the carotid arteries and jugular veins on both sides of the neck. It can be deadly. Four more officers jumped on Eric’s back as he was smacked down to the ground. He tried crawling away, repeatedly yelling “I can’t breathe.” They did not let up until he laid still. Four EMS’s stood by the prostrate Eric without offering CPR. It’s all on tape, which has gone viral. The internal NYPD police report omitted mention of the chokehold, but it’s on video for all to see. The African American community has erupted, seeing it as one more example of NYPD racism against Blacks. I give officers the benefit of the doubt. They have to make split second, life or death decisions. The wrong decision can result in the death of an officer or an innocent party. If for example they see the shadow of a gun pointing at them, they don’t necessarily know if it a villain about to shoot them, or a child with a toy gun. These situations often lack a Hollywood ending. Police officers are allowed to use reasonable force in executing an arrest, but reasonable force in the arrest for a misdemeanor does not include deadly force. A chokehold may constitute deadly force. Even if it doesn’t, it was banned by the NYPD in 1993. A chokehold thereby constitutes excessive force in New York City. It may be banned in New York, but officers still use it. The Civilian Complaint Review Board received about 1,022 complaints since 2009 of chokeholds by police officers. It only found evidence in 9 cases of chokeholds being applied, but many of the investigations failed because of the complainant did not pursue the complaint. The initial autopsy Saturday was inconclusive. More studies are needed. We know though that Eric Garner had severe asthma. That may well have played a role in his death. He also suffered from diabetes and sleep apnea. Eric’s death is the first tragedy, a needless tragedy. The second tragedy is what he died for: peddling bootleg cigarettes on the street for $.50/cigarette. He was killed for selling cigarettes, not dope, oxy or hard drugs. They said he had sold single cigarettes to children, which made his “crime” a “quality of life” issue. New York Mayor Bloomberg pushed through an ordinance last year mandating that the minimum price of a pack of 20 cigarettes would be $10.50. New York State imposes an excise tax of $4.35/pack to which New York City adds another $1.50. A simple calculation of the higher priced Marlboros will show the Marlboros selling for $140 per 10 pack carton. The result is a mainline bootleg from North Carolina, which only imposes 1 $.45 excise tax on packs, to New York City. An estimated 60.9% of all cigarettes sold in the City are bootlegged. The obvious solution would be to lower the cigarette taxes and the minimum price/pack. The City’s solution is to sic the police on street sellers of cigarettes. Political leaders sometimes lack common sense. Whatever Eric Garner’s life was worth, and it will have a high value in the wrongful death lawsuit, it was certainly worth more that fifty cents a cigarette. Officer Pantaleo probably knows his career is over. He and his partner have been assigned desk duty. Officer Pantaleo also had to surrender his badge and gun. He may well face a criminal indictment, if not from the City than the United States Justice Department. The Civil Rights unit of DOJ will have a field day with this example of apparent police brutality. The four EMT’s are under limited suspensions. They are barred from going out on calls pending the outcome of the investigation. They also don’t look good on the video. Neither does the NYPD or the City of New York.

Monday, July 21, 2014

Thoughts on Hamas, Hezbollah, and Israel

Israel is in a war for survival, just as in 1948, 1956, 1967, 1973, 1978, 1982, 1987, 1987-1991, 1988, 2000-2005, 2006, 2008, 2012. Israel desires peace, but not the peace of the dead. The anti-Semites are rising around the world. The outcry is against the death of innocent civilians and Israeli aggression. Yet the anti-Semites ignore the savagery being waged by ISIS/ISIL against non-Sunnis in Iraq and Syria. They ignore the eviction of the last Christians from Mosul and the torching of a historic church. They ignore Boko Haram, the kidnapping of young women, and mass acts of terrorism. Their outrage is highly selective. President Obama and Secretary of State Kerry are fit to be tied. They don’t like Israeli Prime Minister Benjamin Netanyahu and they favor the Palestinians over the Israelis. Yet, they have to support Israel, at least publicly, for political reasons. Thus the President cries out for a ceasefire, decrying the loss of innocent lives. Not a word about the fate of Christians throughout the Mideast. Hamas is a Sunni dictatorship over Gaza. The Palestinians had the chance to build Gaza after the Israelis pulled out in 2005. Instead they fortified Gaza’s 139 square miles and inculcated hatred into the children of the 1.8 million residents. So much for trading land for peace! The President blusters with words, but his oratorical flourish means nothing in the Mideast. Hezbollah is a Shia militant group that effectively controls much of Lebanon. Hamas and Hezbollah have two things in common in spite of their religious difference. First, they are both sworn to the demise of Israel. Second, they were both funded and sponsored by Iran. If either Hamas or Hezbollah prevailed in defeating Israel, the resulting genocide against the 6 million Jews in Israel could exceed that of the Nazis in the Holocaust. Israel built shelters to protect its residents, Jews, Christians, and Muslims. Hamas built rockets to attack Israel. Israel is invading Gaza both to silence the rockets and to destroy the tunnel network, which extends under Israel. Hezbollah with an estimated 110,000 rockets is sitting on the sideline. Israel could win a two-front war against the terrorist organizations, but it would be costly and difficult. Hezbollah proved in the 2006 Lebanon War that it could stand and fight Israel to almost a draw. Israel’s invasion of Lebanon to silence Hezbollah was poorly planned, poorly executed, and less than a victory. The returning soldiers complained about their lack of provisions and munitions. A Hezbollah rocket assault on Israel would be deadly. Yet, Hezbollah stands down. It is studying the tactics used by Hamas and the Israeli Defense Force in preparing for its next battle with Israel. Hezbollah is in the Syrian War with its skilled soldiers fighting for Assad and against the more militant Muslims of ISIS/ISIL. Most Islamic countries have been silent on the conflict. They have not, unlike previous wars, supported Hamas and condemned Israel. Their nations lack the mass anti-Israel demonstrations of past conflicts. No country would tolerate the thousands of rockets unleashed against its people, but Israel is criticized by the anti-Semites for protecting itself. Israel has proven against the Intifada that a fence can work. Israel has shown with the Iron Dome that an anti-missile defense can be effective. President Obama opposes both for the United States. He is facilitating Iran getting the Bomb.

Sunday, July 20, 2014

Forbes, "The Capitalist Tool, Falls to Capitalism

Forbes Magazine bills itself as “The Capitalist Tool” Capitalism is unforgiving to businesses that cannot compete, that cannot change with the times. Forbes Magazine is 97 years old. The privately owned American publication is being sold to a Hong Kong based investment group. Forbes is best known for its 400 Richest Americans and World’s Billionaires annual issues, but it built its reputation and circulation on incisive, hardhitting reports. No company or financier was immune from a Forbes investigation. The magazine fell victim to the general decline in traditional media publications. Forbes’ circulation has held up, unlike many periodicals, but advertising revenue is plummeting, down 11% in 2013. The magazine fell victim to the third generation. Third generation management is often fatal to family owned businesses: “From shirtsleeves to shirtsleeves in three generations” is often heard. A less common saying is “”The first generation starts a business. The second generation runs it. And the third generation ruins it.” That’s the obit for the Forbes family. B.C. Forbes started the magazine in 1917. His two sons, Bruce Charles Forbes and Malcolm Forbes, successively expanded the magazine. Steve Forbes, Malcolm’s son, succeeded Malcolm in 1990 upon Malcolm’s death. Steve Forbes represents the third generation of the Forbes Magazine. One third generation problem is that many of the grandchildren lack loyalty to the family business, but love cash flow from it, such as in dividends. They can spend, but not create. Malcolm Forbes was a builder and collector. He collected Faberge, amassing the largest private collection of nine Faberge Eggs. Steve Forbes sold them to a Russian oligarch in 2004 for over $100 million. The Forbes family was not satisfied. 45% of the company was sold in 2006 for $264 million to Elevation Partners LLC, one of whose investors is Bono. Forbes sold its Manhattan headquarters in January 2010 to NYU with plans to move to Jersey City in 2016. The Forbes cashflow was shrinking with the changing dynamic in advertising. The EBITDA (earnings before interest, taxes, depreciation, and amortization) dropped to $15 million in 2013. The family put Forbes Media LLC, the business, up for sale in November 2013. Several interested parties dropped out of the bidding after comparing the financials to Forbes asking price. Forbes announced two days ago that a majority interest (believed to be 80%) in the company is being sold to Integrated Whale Investments, a Hong Kong based investment company. The price is undisclosed, but believed to be over $300 million. Since Elevation Partners is being bought out at a profit, not much will go to the Forbes family. Steve Forbes says he’ll remain as Chairman and Editor-in-Chief and Mike Perlis as Chief Operating Officer. We’ll see. Steve Forbes broadened the company over two decades, but lacked the imagination to respond to the changing media paradigm. He also engaged in quixotic runs for the Republican nomination for President in 1996 and 2000. R.I.P Forbes. Join the Chandlers, Bancrofts, Grahams, Binghams, De Youngs, Ziffs, Hoiles, and Pulitzers.

Friday, July 18, 2014

Mr. President, Where is that Global Tranquility?

How’s That Global Tranquility Thing, Mr. President? Josh Earnest, President Obama’s Press Secretary, answered a question last Monday about the ineffectiveness of President Obama’s foreign policy. He answered, that is spun, as best he could: “I think there has been a number of situations in which you’ve seen the Administration intervene in a meaningful way, that has substantially Improved the, uh, you know, the tranquility of the global community.” Where, Mr. President is that global tranquility? Gaza, Mamas, and Israel? The Asian Spring – Egypt, Libya, Syria, Tunisia? Iraq? ISIS/ISIL? Somalia Sudan Yeman Afghanistan? Pakistan? Kenya? Nigeria? Chad? The Central African Republic? Guatemala, Honduras and El Salvador? Our Southern Border? Was there tranquility in the MRE’s offered the Ukrainians? Only if they were made out of pot. China-Vietnam? Chechnya? Uighurs? Is Marine Sergeant Robert Tahmooressi feeling global tranquility in a Mexican jail? How’s that Russia reset going? How’s the Apology Tour? Where’s the hope and change? We’re seeing the change, but where is the hope? Where is the global tranquility? Clearly on the 176 rounds of golf Clearly in 393 fundraisers with friendly audiences Clearly in high powered lunches and dinners with global mucky mucks Clearly vacationing on Martha’s Vineyard and Hawaii The Sea of Tranquility is on the moon. Air Force One as it circles the globe

Wednesday, July 16, 2014

Goldwater in "64

Goldwater in ‘64 A revolution occurred in American politics fifty years ago this week in San Francisco. The Republican National Convention nominated Senator Barry Goldwater of Arizona as its nominee for President of the United States. The Eastern Establishment had controlled the GOP until the 1964 primaries. Governor Nelson Rockefeller of New York was the assumed nominee, but he failed. The spotlight then shone on Governor William Scranton of Pennsylvania, the last call of the eastern Republicans, all to no avail. Senator Goldwater was the sweetheart of conservatives after he published his 1960 book, The Conscience of a Conservative. The conservatives of the South and West charted a new course for the Party. Senator Goldwater and his running mate, Congressman William Miller of Buffalo, went down in a landslide to Landslide Lyndon. The Senator received only 38.4% of the popular vote compared to 61% for President Johnson. The Democrats gained a supermajority in both houses of Congress. Incumbent Republicans and office seekers at the state and local level were swept away in the Democratic tsunami. Pundits wrote the obituaries of the Republican Party. The liberal Republicans during the primary campaign, and then President Johnson’s forces in the general campaign painted the Senator as a right wing extremist. He had recommended that social security become voluntary and argued that the Tennessee Valley Authority (TVA) be sold off. He suggested in May 1963 solving the Vietnam War in six months by defoliating the country with low level nuclear weapons. He stated during a December 1961 news conference: “I think this country would be better off if we could just saw off the Eastern Seaboard and let it float out to sea.” His acceptance speech further alarmed America. It contained this immortal, horrifying line: “I would remind you that extremism in the defense of liberty is no vice! And let me remind you also that moderation in the pursuit of justice is no virtue.” Senator Goldwater had no illusions about the outcome in November 1964. He knew he would lose to President Johnson, who he viewed as a purveyor of dirty tricks (Let the record show though that a nickname of Richard Nixon was “Tricky Dickie.”) A campaign of vilification ensued. The Johnson campaign painted the Senator as a dangerous, extremist warmonger who would take us into war. The Daisy Ad, which only ran once during the campaign, cemented the negativities of Senator Goldwater. We later found out that President Johnson misrepresented two incidents to get Congress to pass the Gulf of Tonkin Resolution, the authorization for the escalation of the Vietnam War. We also learnt that the President was secretly planning to escalate the war – that which the President accessed the Senator of doing. The Senator was also pictured as a racist because he voted against the Civil Rights Act of 1964. He felt it was unconstitutional. He had previously integrated his family’s Phoenix department store, Goldwaters, the Arizona Air National Guard, and the Phoenix school system. Senator Goldwater ran an ad: “In your heart, you know he’s right.” The Democratic response was “In your heart, you know he’s nuts.” Senator Goldwater was a rarity in politics. He was a politician not only of conviction, but also of principle. He stated what he believed. He was a prophet of the modern Republican Party, but like Moses could not reach the Promised Land himself. He was before his time. He believed in limited government, a balanced budget, the freedom of the individual, and personal responsibility. He believed that increased dependency on the government would harm the American character. He was a fiscal conservative and social libertarian. He only carried six states: Arizona and five states of the Deep South – Alabama, Georgia, Louisiana, Mississippi, and South Carolina. He pointed the path to future Republicans, such as Richard Nixon and Ronald Reagan. Both of those future Presidents were active in the Goldwater Campaign. Former Vice President Nixon campaigned in 37 states for the Senator, building up goodwill for his successful candidacy in 1968. Ronald Reagan, still an actor, delivered a nationally televised speech, A Time for Choosing, during the last week of the campaign. Republican leaders in California decided the actor would be a great governor candidate, unleashing his political career. As a man of principle, and one who never trusted President Nixon, Senator Goldwater led the Republican contingent on August 7, 1974 that told President Nixon he had to resign or he would most certainly be voted out of office by the Senate. American history would have been very different had Senator Goldwater won the 1964 election. He would not have gotten America into a land war in Vietnam. Nor would he have enacted the Great Society. ------------------------------------------------------------------------------------------------------------ My 50 year retrospective has a personal memory. The 1964 Republican National Convention in San Francisco’s Cow Palace is the only political convention I ever attended. I was a college student working part time at an insurance brokerage. One of the co-workers was the cousin (or was it nephew) of Republican Senator Hugh Scott of Pennsylvania. I asked if he could get me tickets to the Convention. The answer was no, but if I showed up in front of the Scranton Office on Market Street at a given time I could board a bus to the Cow Palace to be part of the “spontaneous” Scranton demonstration on the floor of the Convention. We were given fake tickets (the ink wasn’t even fully dry) to enter the Cow Palace. We were also told this was a Republican tradition going back to Abraham Lincoln’s successful campaign in 1860 at the Republican Convention. We were on the floor for over 20 minutes, futilely exhorting the delegates to vote for Scranton. We heard, as we left the floor to wander around the Convention, that the Goldwater people realized the Scranton forces had flooded the Convention with faked tickets. My friends and I quickly discarded all of our Scranton paraphernalia and picked up Goldwater signs and buttons. We enjoyed the rest of the evening at the Convention. Alas, almost all the souvenirs disappeared over the decades. Thus, I was both a Scranton and Goldwater supporter at the 1964 Republican National Convention. Let us also note that Hillary Rodham was a Goldwater supporter in 1964.

Saturday, July 12, 2014

Let's Solve Two Problems at Once: Bring the Central American Migrants to Detroit

What to do with Detroit – once one of America’s largest and greatest cities? What to do with the Central American children and adults flooding into Texas? Let's rebuild Detroit with the migrants! Solve two seemingly intractable problems at once at minimal cost. Detroit had 200,000 residents at the beginning of the Twentieth Century. Then lightning struck in a bottle in terms of the auto industry. Detroit became the Silicon Valley of the first half of the Twentieth Century. The city peaked at 1,850,000 residents while the suburbs of Birmingham, Bloomfield Hills and Grosse Pointe became the Atherton, Beverly Hills, and Scarsdale of the Midwest. The surrounding counties of Oakland, Macomb, Monroe, St. Clair, Genesee, Livingston, and even Washtenaw, got the overflow from Detroit in auto plants and population. The surrounding counties have survived the collapse of Detroit, the city and the industry. The city proper is down to 721,459 residents Detroit’s downtown shows signs of life with Dan Snyder bringing jobs back into downtown and buying up properties. However, much of the rest of the 139 square miles that comprise Detroit are a wasteland of 79,000 abandoned and blighted homes, and vacant lots. Police patrols in the outlying areas are scarce. Traffic lights are out. Water is being cut off to homes. Crime rates are among the nation’s highest, and gangs run rampant. Survivors often reside in homes with leaky roofs, broken windows, peeling paint, and no utilities. About 12,000 arson fires are set a year, of which 60% are abandoned and blighted houses. That’s Detroit today. An estimated 52,000 minors from Central America (El Salvador, Guatemala, and Honduras) have crossed the border this year with another 240,000 adults. An estimated 90,000 minors will cross into the Rio Grand Valley this year and surrender to the Border Patrol. The word is out; they will not be deported. They understand that the Obama Administration will not send them back. We know they are here to stay, at least for the next 2½ years, and probably forever. Thus, they come to America, just as the Irish, Italians, Jews, Armenians, Greeks. Scandinavians, Chinese, Japanese, Filipinos, Persians, Arabs, Russian, Slavs, Mexicans, Cubans and Dominicans before them. They come to look for the streets paved with gold. They come to America with hope. They come to America for a new beginning. They come to America following family members. They come to America because they have no alternative. They are fleeing high crime, gangs, leaky roofs, broken windows, peeling paint, and no utilities. They will feel at home in Detroit. Detroit’s Mayor Mike Duggan wants to spend $8,500/house to tear down the abandoned homes. President Obama is seeking $3.7 billion to accommodate the migrants who have recently arrived. He claims humanitarian reasons, but does not seek an end to the inflow. One estimate is that President Obama’s request comes to $80,000 per migrant. The border patrol and military are running out of facilities to temporarily house the migrants. They are often caged in facilities. They’re not going to Murietta, but Bell, the embattled Bell, is seeking a fresh start. It wants 120. The government is chartering planes and busses to move them to Arizona, Massachusetts, New York, California and points unknown. America has a viable alternative. Treat the migrants as modern urban pioneers to settle the 90,000 vacant lots and rehabilitate the blighted buildings. The rehab costs should cost less than $80,000 per house, but more than $8,500. The modern urban homesteaders will help in the rebuilding, just as the early pioneers. They can share the efforts, just as the early pioneers. They have land, over 100 square miles to farm. Their energy, their drive, their inspirational could be instrumental in the rebirth of Detroit. Hard work conquered the Great Plains and vast prairies of the Midwest. It can do it again. First Detroit, and then perhaps Flint and the South Bronx. Detroit offers hope and opportunity to these new Americans.