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I watched this cartoon the other day
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So I finally caved in and watched a cartoon after having multiple friends tell me to watch it. It started out like a typical modern crappy child's cartoon, but then I realized it was the most vile and disgusting thing I've ever watched. I honestly don't understand how so many people can love this show. Furthermore, I found that I now want to watch every episode of this show and become a big fan of it, which is something I never expected myself to do...
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New Jersey Superior Court, Appellate Division
Decided: February 23, 1989.
RALPH POWELL, PLAINTIFF-RESPONDENT,v.LORENZO GIDDENS, JR., MARY FULTON, A/K/A MARY GIDDENS, JERSEY CENTRAL POWER AND LIGHT CO., DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, UNITED STATES OF AMERICA, WASHINGTON, D.C., AND STATE OF NEW JERSEY, DEFENDANTS, AND IRVIN E. POVLOW, APPELLANT
On appeal from the Superior Court of New Jersey, Chancery Division, Burlington County.
Havey and Brochin. The opinion of the court was delivered by Brochin, J.s.c. (temporarily assigned).
[231 NJSuper Page 50]
Irvin E. Povlow, the appellant, was the successful bidder for real property at a mortgage foreclosure sale. Ralph Powell, the respondent, was both the mortgagee and the owner of the equity of redemption. Povlow, appearing pro se, appeals to this court from an order of the Chancery Division which set aside the judgment for foreclosure, voided the Sheriff's sale*fn1 and returned his deposit. Since voiding the sale would permit Powell, who attempted unsuccessfully to perpetrate a fraud on prospective bidders and junior lienors, to extricate himself from the consequences of his failed scheme at Povlow's expense, we reverse.
On October 10, 1980, Lorenzo Giddens, Jr., purchased the property which is the subject of this proceeding from John A. Wescott and Yoshiko M. Wescott, his wife. The Wescotts took back a purchase money mortgage in the principal amount of $16,000.
According to Powell's complaint for foreclosure and the certification of Erwin D. Apell, Esq., his attorney, Lorenzo Giddens, Jr. conveyed the property to Powell on July 8, 1986, by a duly
[231 NJSuper Page 51]
recorded, bargain and sale deed, with a covenant solely as to the grantor's acts, for a consideration of $5,000. The deed was not expressly subject to outstanding mortgages and other liens, and it did not contain any covenant to assume them. The outstanding liens included Giddens' purchase money mortgage to the Wescotts, an October 17, 1985, second mortgage for $12,301.80 in favor of the Broadway Bank and Trust Company, assigned to the U.S. Department of Housing and Urban Development, and various other smaller mortgages and judgment liens.
Upon acquiring the fee, Powell sought to negotiate with the various lienholders to clear title. Apparently he was unable to reach a satisfactory settlement with at least some of them. On March 23, 1987, he purchased the interest of the Wescotts' in their purchase money mortgage from Giddens for an undisclosed amount. The assignment of the mortgage to Powell was duly recorded on April 6, 1987.
Acting in the right of the purchase money mortgagees, Powell commenced a foreclosure proceeding on April 23, 1987. The complaint, as amended, named Powell as plaintiff and described him as the foreclosing mortgagee by assignment from the Wescotts. It named several of the holders of subordinate liens as defendants. It also named Lorenzo Giddens, Jr. and Mary Giddens, who, the record indicates, was Mr. Giddens' mother, alleging that they were then in possession of the premises and that Mary Giddens might have an equitable interest in the property. Quite intentionally, the complaint did not disclose that Powell was the owner of the fee interest. In fact, the complaint implied that Lorenzo Giddens was a defendant because he was still the owner of the fee.
The judgment for foreclosure was for $21,087.12 plus costs and counsel fees. It recites that the named defendants were duly served and that they defaulted. According to the usual form, the mortgaged premises were ordered to be sold and "the defendants, and each of them, [would] stand absolutely debarred
[231 NJSuper Page 52]
and foreclosed of and from any equity of redemption of, in and to so much of said mortgaged premises as shall be sold, as aforesaid, under this Judgment." The legal advertisement of the foreclosure sale announced that "No prior mortgages or liens are outstanding." No announcement was made at the sale to inform prospective bidders that Powell had acquired Giddens' equity of redemption. However, Povlow had discovered that information.
Powell and Povlow were the two bidders at the foreclosure sale, and Povlow finally prevailed with a bid of $24,100. He deposited $3,500 with the Sheriff. Before paying the balance, he telephoned Powell's attorney for title information. The attorney told him that Powell had acquired the fee interest and, according to Povlow's undisputed certification, warned him that "[I]f I settled with the Sheriff he would claim that the owner's interest was not divested. I would lose my investment."
When Povlow insisted on completing his purchase, Powell moved to set aside the sale and Povlow to confirm it. The trial judge denied both Powell's motion for an order directing the sheriff "to relist [the] property for Sheriff's sale" and Povlow's motion for an order directing the sheriff "to deliver to Irvin E. Povlow a good and sufficient Sheriff['s] Deed to [the property] . . . upon payment of balance of purchase price. . . ." On its own motion, the court ruled that Powell's failure to disclose in the foreclosure complaint that he had acquired the mortgagor's interest might have prejudiced the rights of junior lienors because that information, if they had known it, would have given them the basis for arguing that the first mortgage and the fee had merged, thereby advancing their liens. Directing a sheriff's deed to Povlow would, in the view of the trial court, "have the inequitable result of foreclosing junior encumbrancers who have now been held not to have had possession of all the facts." Holding that the "unforeclosed interest of Powell [which went] publicly unannounced at the time of the sale" was a "substantial defect in or cloud upon the title of the real estate sold" within the meaning of N.J.S.A. 2A:61-16, the court " sua
[231 NJSuper Page 53]
sponte. . . set aside the judgment entered on November 10, 1987 [for foreclosure] and the execution issued thereon." It also directed that:
plaintiff may file and serve an amended complaint in which the facts surrounding Powell's title shall be pleaded. The case should be dismissed as to Giddens unless on some basis set forth in the new pleading, an interest in them remains outstanding or a deficiency is sought. If the matter proceeds once again to a sheriff's sale the retention of Powell's equity interest shall be publicly announced prior to the bidding.
The order which was entered to encompass this ruling ordered only that:
Judgment entered on the above captioned matter on November 10, 1987, be set aside and that the Sheriff is hereby directed to return to Irvin E. Povlow the monies paid to the Sheriff for the Sheriff's sale and that the Sheriff's sale be declared null and void.
The order, which at the court's request was prepared by Powell's attorney, thus failed to incorporate the court's direction setting aside the judgment for foreclosure as well as the sale and requiring the filing and service of an amended complaint disclosing Powell's fee interest in the property.
N.J.S.A. 2A:61-16, the statute upon which the trial court relied, is inapplicable to the present case because the function of that statute is to authorize a court to relieve a purchaser at public sale from his bid upon equitable grounds. Here, however, the bidder seeks to confirm the sale, to pay his money and take his deed. Nonetheless, we agree that a court of equity has the inherent power to set aside a foreclosure sale on equitable grounds. See Penn Federal Savings and Loan Ass'n. v. Joyce, 75 N.J. Super. 275, 278 (App.Div.1962) and cases cited therein. The question which this case presents is whether setting this foreclosure sale aside, in accordance either with the court's letter opinion or with its order, would be equitable and therefore within the court's discretion. We hold that it would not be. Cf. Shepard v. Barrett, 84 N.J. Eq. 408, 410 (Ch.1915) (A foreclosing mortgagee who has intentionally omitted making a subordinate lienor a party is not entitled to the remedy of strict foreclosure.)
[231 NJSuper Page 54]
The plaintiff's attorney has stated explicitly that his complaint for foreclosure intentionally omitted a reference to his client's acquisition of the mortgagor's interest. He has candidly explained that the purpose of the omission was to avoid conveying the fee interest to the successful purchaser at the foreclosure sale. He admits that his plan was to announce the omission at the sale, to warn prospective bidders that the purchaser, if he was someone other than Powell, would not get anything for his money, and then, having deterred prospective competing bidders, to buy in the property for a nominal bid, cutting off any encumbrances subordinate to his first mortgage without having to give junior lienors a share in any value of the property in excess of the debt secured by his mortgage.
Plaintiff's scheme is a sham. It is a device to eliminate junior encumbrances without consideration, regardless of the value of the property by which they are secured. Even if the plan were otherwise conceptually sound, equity would not permit it. In the present case, Powell apparently believed that the property was worth more than whatever balance of unpaid principal, interest, and costs were secured by his mortgage, and Povlow was evidently of the same opinion. That presumably was Powell's motivation for his scheme and the reason why both he and Povlow bid actively against each other up to $24,100. However, if there was a surplus, the junior lienors, even those who defaulted, were entitled to share in it in accordance with their respective priorities. R. 4:64-3; N.J.S.A. 2A:50-37. Lithauer v. Royle, 17 N.J. Eq. 40, 41 (Ch.1864). Cf. Morsemere Fed. Sav. & Loan Ass'n v. Nicolaou, 206 N.J. Super. 637 (App.Div.1986).
Of course, a prior mortgagee can cut off subordinate liens without payment, and that is frequently, perhaps usually, what occurs at a foreclosure sale because the bidding does not produce more than what is due to the holder of the senior lien. See Carteret Sav. and Loan Ass'n v. Davis, 105 N.J. 344, 351 (1987). But the senior lienor will not be permitted to assure that result by drawing his pleadings with the intention of
[231 NJSuper Page 55]
creating a title defect and then announcing the title defect at the foreclosure sale if the presence of a potentially competing bidder threatens to thwart his plan to buy in the sale property at a nominal price. Cf. Brady v. Carteret Realty Co., 67 N.J. Eq. 641 (E. & A. 1905). Having embarked on that plan, surely Powell does not have equitable grounds to cause the court to void the foreclosure sale and resell the property because a competing bidder persisted in bidding up the sale price, despite his warning of an intentionally created title defect.
Furthermore, the legal premise of plaintiff's scheme is unsound even if its inequity were disregarded. Powell could cut off the junior encumbrances only by exercise of the power conferred upon him by the first mortgage which he had acquired from the Wescotts. That mortgage empowered him to satisfy a debt out of property pledged as collateral for the debt by selling that property. In the present case, the collateral was Giddens' fee interest. After sale, the vendee, whether Powell or anyone else, would hold that fee interest free of any liens duly foreclosed which were subordinate to the mortgage. But if the fee interest was not being sold, then the property would remain in Powell's hands encumbered by the junior liens.
In the present case, however, the property did not remain in Powell's hands. As assignee of the first mortgage, he foreclosed that mortgage and caused the sale of the fee interest. For the purpose of determining whether the holders of all outstanding interests were before the court, it is of no significance that Powell described himself in the complaint only as the assignee of the first mortgage. Cf. Trenton v. Howell, 132 N.J. Eq. 125 (Ch.1942). The fact is that Powell owned both the fee interest and the interest of the first mortgagee, and therefore all necessary parties were before the court. Consequently, in the present case, unlike a case in which the owner of the fee interest is simply not a party, see e.g. Brundred v. Walker, 12 N.J. Eq. 140, 142 (Ch.1858), the fee was effectively foreclosed
[231 NJSuper Page 56]
and the sheriff is in a position to convey to Povlow the same title that he would have conveyed if the plaintiff's complaint had properly alleged his fee ownership. As stated in 3 Jones on Mortgages, (§ 1654) 285-286 (7th Ed.) (1915):
"He [the purchaser] obtains the title of all the parties to the suit, whether their title be that which is set forth in the bill or not. What ever the title of the parties to the suit may be, that is what the court undertakes to sell, and what the purchaser is entitled to have conveyed to him."
See Champion v. Hinkle, 45 N.J. Eq. 162 (E. & A.1888); Carteret Sav. & Loan Ass'n, F.A. v. Davis, 200 N.J. Super. 167, 170 (App.Div.1985), rev'd on other grounds 105 N.J. 344 (1987); (Cunningham & Tischler, Mortgages) 30 N.J.Practice, § 201 at 51 n. 18 (1975).
Lastly, we deal with the trial court's suggestion that the interests of the junior encumbrancers require setting aside the foreclosure judgment and the sale. We note that when Powell first acquired the fee interest and then the interest of the first mortgagees, he certainly did not intend the two interests to merge. Consequently, we would suppose, as did the trial judge, that no merger took place. See Colquhoun (Eliz.) Est. v. Colquhoun (Robt.) Est., 88 N.J. 558, 565 (1982), where the Court said:
[T]he intention of the parties generally determines whether two property interests will be legally merged. [Citations omitted.] As observed in Gimbel v. Venino, 135 N.J. Eq. 574, 576 (Ch.1944):
Merger is largely a question of intention and stated generally the law is that when a mortgagee acquires the equity of redemption, the presumption is that he intends to extinguish his mortgage interest by merging it in the estate in fee. The presumption is rebuttable and will not prevail when it is clear that a merger was not intended, which intention may be expressly declared, or may appear from the particular equities of the case. . . .
Nonetheless, we agree with the trial judge that it would be inappropriate to make a final determination on the issue of merger without giving the subordinate lienors whom merger would benefit the opportunity to be heard. However, the equities of the case do not justify and the necessity of the case do not require giving Powell the opportunity of resale solely to protect the holders of subordinate liens if their interests can be protected in another way. We think they can. Therefore we
[231 NJSuper Page 57]
direct that on remand, if Povlow desires to pursue his legal right to a sheriff's deed, he shall send a notice, in a form approved by the court, to all of the defendants named in the complaint, advising them of the facts which have now been disclosed pertinent to merger and inviting them to appear before the court at a time and date and in accordance with whatever appropriate conditions may be fixed by the court. If Povlow does not desire to pursue his right to a sheriff's deed, then the foreclosure judgment should be vacated and Powell may file and serve an amended complaint as ordered by the trial court. If notice is sent and no one appears to argue that there has been a merger, or if after an appropriate hearing the court determines that there has been no merger, then there will be no occasion to vacate the judgment or set aside the sale, and Povlow should get his deed. If, after notice and hearing, the court determines that there has been a merger, it will proceed to fashion the appropriate remedy. Since the issue of what would be an appropriate remedy in that case has not been briefed or argued before us, we will not attempt to deal with it.
We remand this case to the trial court for further proceedings in accordance with this opinion.
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text: This is My INSTAGRAM May 18, 2015 With lenore malen at New Museum Larry sitting on a golden toilet reflecting Pierre Ayot's crucifix finally installed on Mt royale having. been censored twice by the government. Finally in place thanx to the persistence of curator critic Nicolas Mavrikakis in collaboration with Joyce Yahouda Gallery Montreal At trump tower In front of trump tower ok closet's a mess but if you woner why there are white hairs on my black clothrs... quebec blueberries at atwater market quebec blueberries the locke at Erie Canal Erie Canal


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ISSUES AND ARTICLES MOST READ eTOC
Official Journal of the Italian Society of Anesthesiology, Analgesia, Resuscitation and Intensive Care
Indexed/Abstracted in: Current Contents/Clinical Medicine, EMBASE, PubMed/MEDLINE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 2,036
Kurt PFEIFER 1, Barbara SLAWSKI 1, Ann-Marie MANLEY 2, Victoria NELSON 1, Mary HAINES 3
1 Division of General Internal Medicine, Department of Medicine, Medical College of Wisconsin, Milwaukee, WI, USA; 2 Department of Anesthesiology, Medical College of Wisconsin, Milwaukee, WI, USA; 3 Froedtert Hospital, Milwaukee, WI, USA
BACKGROUND: Patient medication adherence in the perioperative setting is challenging, and failure to comply with medication instructions has serious clinical consequences. Many factors contribute to medication nonadherence, but a modifiable cause is inadequate physician instruction of patients. Variable formats, language and legibility impede patient-physician communication regarding proper use of medications. We hypothesized that the use of a standardized, electronic medical record (EMR)-derived medication instruction template would improve medication compliance on the day of surgery.
METHODS: As part of an ongoing quality improvement program, our institution surveyed patient's compliance with preoperative medication instructions. A standardized template was then created within the EMR and implemented by all providers in the preoperative evaluation clinic. Compliance with medications on the morning of surgery was then reassessed by preoperative nursing staff for three months shortly after the intervention and again two years later.
RESULTS: Patient adherence to preoperative medication instructions improved significantly immediately after the implementation of the template (from 83.7% to 89.7%, P=0.025). This improvement was also sustained at the two-year follow-up. Although patients' had overall good medication compliance (90% after the intervention), 71% of medication errors were made with medications with significant potential for causing complications (e.g., antithrombotic therapy).
CONCLUSION: Use of standardized, EMR-generated preoperative instructions improves patient medication adherence on the morning of surgery. Even with this intervention, medication nonadherence most often involves medications that could seriously interfere with perioperative care.
language: English


text:
A blog sharing information about materials presented to children on climate, highlighting those intended to frighten or mislead, and those which seek to inform and inspire rather than to recruit, even the very young, for an ill-founded political campaign around the threat of CAGW. A campaign which is irresponsible, destructive, divisive, and degrading.
Why is there so much preoccupation with atmospheric CO2 concentrations and reducing anthropogenic CO2 emissions when it is well documented in the peer-reviewed scientific literature that the CO2 contribution to the overall greenhouse effect is so weak that it can be easily supplanted by small changes in clouds and water vapor, or natural climate-changing constituents?
Tuesday, 15 June 2010
Looking ahead
a) Schools Low Carbon Day: http://www.cooltheworld.co.uk/low_carbon_day.php Apparently well-intentioned initiative, but of course based on smoke and mirrors.
b) Genie: http://www.projectgenie.org.uk/ An overblown scare site based on notion that CO2 is a genie buried in the earth, one which we are releasing to our imminent danger and disadvantage. Complete with trailer for DVD designed to keep the kids from sleeping either in the classroom, or at night.
c) Zilla: http://www.kidsclubzilla.com/index.html I am not sure how current this site is. It is spooky, of unclear origin, and may be a money-making scam taking advantage of the CO2 scam to take money from alarmed people. I have heard that such sites appear after major disasters are in the news. Well, the IPCC is certainly one of those.
d) and thanks to 'the world as we know it' site (http://www.twawki.com/?p=6628 ) I have found another long list of counter-alarmist links at: http://www.breadandbutterscience.com/OSGWD.htm
Tomorrow I hope to complete a gentle Fisking of the Carbon Day's foundation arguments from their site. They are basically trusters in the IPCC, a point of view which has been widely exposed as naive, duped by the PR, and of course just plain wrong in many specifics. Thus Fisking them brings phrases like 'sitting ducks' and 'fish in a barrel' to mind, and turns into an exercise in manners and restraint more than anything. However, I hope it will be my first shot at a kind of rebuttal-template which will be widely applicable.
I did a Google on 'climate lessons' just now. It found around 14,100,000 hits.
2 comments:
I've just had a look through the Schools' Low Carbin Day site, and am horrified. Where's the material that would reflect Oliver Cromwell's cry from the heart, "I beg you, from the bowels of Christ, think you might be wrong"?ReplyDelete
- Ross Hartshorn17 June 2010 at 12:10
Nice to see the Hockey Stick is still a prominent feature of the Schools Low Carbon Day presentations. :(ReplyDelete


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The Presidency has debunked reports in the media that President Muhammadu Buhari is seeking emergency powers to tackle the nation's economic challenges. It, however, stated that the economic management team was considering several measures to urgently reform the economy, but is yet to communicate the measures to the President.
This was contained in a statement issued on Monday night by the Senior Special Assistant to the Vice President on Media and Publicity, Laolu Akande, who added that those measures had also not been passed to the Federal Executive Council, FEC, and the National Assembly.
Reports had stated the President would be seeking emergency powers from the National Assembly to get the economy out of recession, shore up the value of the naira, create more jobs, boost foreign reserves, improve power and revive the manufacturing sector. It added that the decision was based on a proposal from the economic team headed by Vice President, Yemi Osinbajo.
But reacting to this, Osinbajo's spokesman said: "The economic management team has indeed been considering several policy options and measures to urgently reform and revitalise the economy. Some of these measures may well require legislative amendments and presidential orders that will enable the executive arm of government move quickly in implementing the economic reform plans.
"As far as I know, this has not been passed on to the president, the Federal Executive Council or the legislative arm of government. So, at this point, there are no further details to share."
Presidency Denies Media Reports Saying Buhari Is Seeking Emergency Powers on Naijaloaded |/a>.


text:
SOHO celebrates 15 years in orbit!
SOHO celebrates 15 years in orbit!
SOHO celebrates 15 years in orbit!
On 2 December 1995, the scientific solar observatory spacecraft SOHO (SOlar and Heliospheric Observatory), designed and built under Airbus Defence and Space's prime contractorship for European Space Agency (ESA), was launched by an Atlas II rocket. It continuously monitors the sun, the heliosphere, and the solar wind particles that stream towards the Earth. Its mission is to help achieve a clearer understanding of the structure and dynamics of the solar interior, to gain better insight into the physical processes that form and heat the sun's corona, and to investigate solar wind.
It now ranks among the most successful space observatories ever and is one of Airbus Defence and Space's masterpieces in scientific missions. SOHO has provided a wealth of data of incalculable value to science, which has revolutionised our understanding of the workings of our sun.
SOHO operates in a 'halo' orbit around the first Lagrange point (L1), 1.5 million km from Earth, where the gravity of the sun and the Earth neutralise each other. A joint ESA–NASA project, its 12 instruments were provided by more than 500 European and American scientists.
It is a remarkable success story: the SOHO mission, originally designed for a two-year lifetime, has been extended several times and is now beginning its fifteenth year of operation. However, there was a moment when all seemed lost – and the extraordinary adventure of how SOHO was rescued figures in the annals of space history.
|Helioseismology instruments measure the oscillations on the surface of the sun. Using these measurements, scientists have mapped the convection currents of hot gas beneath the surface and identified how twists in the magnetic fields cause them to break through the surface, forming sunspots. SOHO's instruments can even look right through the sun to the active surface zones on the other side – zones that are invisible from the Earth. This makes it possible to predict solar flares several days in advance. These massive eruptions of gas have a noticeable effect on the Earth's outer reaches, causing magnetic storms, the aurora borealis and sometimes even triggering power blackouts in the electricity grid.
|Another of the satellite's instruments is capable of detecting an area of activity on the hidden face of the sun by detecting the emission of hydrogen atoms in space beyond the sun's surface – in the same way as the shaft of light from a lighthouse becomes visible when it strikes the clouds.
|Instruments designed to observe the sun's 'atmosphere' or corona have enabled scientists to analyse the mighty flares known as coronal mass ejections. These occur almost daily as the sun spits out millions or occasionally billions of tonnes of gas at a velocity of several hundred kilometres per second.
|SOHO is also the greatest comet hunter of all time. Its data has led to the discovery of more than 1,800 comets, the majority by amateur astronomers in places all over the world who look for bright spots in the images taken by SOHO that are moving relative to the sun. Enormous patience and dedication are needed to analyse the images down to the very last detail – illustrating the passionate enthusiasm that news and images from the SOHO mission invoke among Internet users.


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July 16, 2015 | 9:00am
Join Openlands staff and TreeKeepers as we walk through Chicago mulching, weeding, and watering trees in need. This will take place weekly during the summer. Come join our workdays.
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text: entertainment — The Arts Dietrich Fischer-Dieskau, 1925-2012 Updated: May 18, 2012 — 1:53 PM EDT Facebook icon 0Share Twitter icon Tweet Tumblr icon Tumblr Mail icon Email by Peter Dobrin, Culture Writer Close icon Mail icon Email   Peter Dobrin Culture Writer Peter Dobrin is a classical music critic and culture writer. Born in New York, raised in Miami, he has an undergraduate degree in performance from the University of Miami, and a master's degree in music criticism from the Peabody Institute of Johns Hopkins University. More by Peter Dobrin Appreciation: Donald Montanaro and keeping tradition alive Dec 2 Pianist Ilya Poletaev triumphs in PCMS recital debut Dec 1 Mozarteum Orchestra Salzburg, a rare visiting orchestra, plays the Kimmel Nov 30 More from Peter Dobrin Arrow icon Dietrich Fischer-Dieskau, 86, the high priest of art song, has died in Bavaria. BBC obituary here. New York Times here. Published: May 18, 2012 — 1:53 PM EDT The Philadelphia Inquirer Continue Reading


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Other schools
To twerk, or not to twerk
Schools around Orange County have various rules on twerking. Here's how three other schools in Orange County deal with the move:
University High School (Irvine): No explicit ban on the move, but sexually suggestive dancing not allowed
Marina High School (Huntington Beach): "Inappropriate" dancing not allowed. On the homecoming dance permission slip, the prohibition reads: "No freak dancing, twerking, etc."
Orange High School (Orange): Nothing in writing but administrators watch for "inappropriate" dancing during school functions
Source: University High School, Marina High School and Orange High School administrators
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Helped by Mayawati's Bahujan Samaj Party (BSP), the United Progressive Alliance (UPA) led by Congress on Friday comfortably won the vote in favour of Foreign Direct Investment (FDI) in multi-brand retail in Rajya Sabha, passing a crucial test in the upper house that now paves the way for implementation of the big bang economic decision by the Manmohon Singh government.
Since the motion was that the House disapproves FDI in multi-brand retail, a total of 123 Noes as against 109 Ayes among the members who were present and voting clinched the decision in favour of the government. There was one abstention.


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Binary vector encoding sample group information.
Numeric vector of length 41 containing 0s and 1s. 0s and 1s represent samples belonging to sample group 1 and 2, respectively.
This vector actually correspond to samples 1, 101, 11, 126, 14, 15, 17, 2, 20, 21, 52, 64, 8, H104, H109, H113, H115, H117, H118, H120, H121, H124, H126, H128, H129, H131, H132, H137, H85, 12, 13, 3, 7, HC103, HC105, HC53, HC55, HC74, HC81, HC83, HC86 for which expression data has been deposited as GSE3790 at Gene Expression Omnibus http://www.ncbi.nlm.nih.gov/geo/query/acc.cgi?acc=GSE3790. 0s are control samples and 1s are disease samples.
Numeric vector of length 41.
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decided: October 6, 1978.
MARY KONOPSKI, PETITIONERv.COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT
Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Mary Konopski, No. B-139414-B.
Emory W. Buck, with him Cooper & Greenleaf, for petitioner.
Charles G. Hasson, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.
Judges Crumlish, Jr., Wilkinson, Jr. and Craig, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.
[ 38 Pa. Commw. Page 63]
This is an appeal from a decision of the Unemployment Compensation Board of Review (Board) affirming, after the Board took additional testimony through a Hearing Officer, the order of the referee denying benefits to petitioner (claimant) pursuant to Section 402(b)(1) of the Unemployment Compensation Law
[ 38 Pa. Commw. Page 64]
(Law)*fn1 (voluntary termination of work without cause of necessitous and compelling nature). We affirm.
Claimant was employed by Lemmon Pharmacal Company (Lemmon) in the newly created position of telephone sales representative, earning a final salary of $125 per week plus commission. Claimant served in this capacity for the duration of her nearly nine month employment by Lemmon. Approximately two months into her assignment claimant was joined by a part-time co-worker with whom commissions were shared. Dissatisfied with the arrangements for sharing commissions and what was perceived to be favoritism in the treatment of her co-worker by their supervisor, claimant decided to leave her job on April 5, 1976.*fn2 By way of further explanation of the decision to leave work, claimant offered a letter from her doctor at the hearing before the Hearing Officer describing his treatment of claimant in March, 1976, for complaints from an ulcer condition predating her employment by Lemmon. The referee duly noted the objection to this piece of evidence as hearsay.
[ 38 Pa. Commw. Page 65]
Claimant makes two principal arguments on appeal. First, she asserts that the Board's second Finding of Fact*fn3 in its Decision and Order of May 24, 1977 is not supported by substantial evidence and is contrary to the evidence offered by claimant. Such a proposition simply cannot stand on a fair reading of the record before us. The Board's Finding is directly supported by claimant's own testimony before the referee.*fn4 Further support for the conclusion that claimant's decision to leave her job was motivated by her dissatisfaction with working conditions and wage arrangements is provided in the documents generated by the Bureau of Employment Security (Bureau) at the time of claimant's application for benefits.*fn5
Claimant puts special emphasis on the Board's failure to find a valid medical reason for her severance, a subject not fully developed until the hearing before the Hearing Officer. When adverse impact on health is offered as a cause of necessitous and compelling nature, justifying the award of benefits following a voluntary termination, consideration must be guided by our recent decision in Baldassano v. Unemployment Compensation Board of Review, 34 Pa. Commonwealth Ct. 457, 460, 383 A.2d 988, 989-90 (1978) where we stated:
[ 38 Pa. Commw. Page 66]
A claimant seeking benefits after leaving employment for health reasons must, however, meet certain requirements. First, the employee must inform the employer of the health problems. Elshinnawy v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 597, 317 A.2d 332 (1974). Second, the employee must request a transfer to work which is suitable in light of the health problems. Tollari v. Unemployment Compensation Board of Review, 10 Pa. Commonwealth Ct. 589, 309 A.2d 833 (1973). Third, the employee must offer 'competent testimony that at time of termination, adequate health reasons existed to justify termination.' Deiss v. Unemployment Compensation Board of Review, 475 Pa. 547, 556, 381 A.2d 132, 136 (1977). (Emphasis in original.)
The testimony presented in the instant case is contradictory as to whether claimant made known to her employer any health problems caused or aggravated by her employment. There is no finding made on this particular point and were it determinative we might be forced to remand to the Board for the making of additional findings.*fn6 However, since claimant utterly fails to adduce testimony showing an attempt on her part to secure lighter duties more suited to her physical condition we must hold that claimant has failed to show cause of necessitous and compelling nature. Tollari, supra. For like reason we need not consider the requirement of Deiss, supra.
[ 38 Pa. Commw. Page 67]
Claimant, in her second and ostensibly main argument, seeks to make an ingenuous appeal to the Legislature's declaration of public policy found in Section 3 of the Law.*fn7 While this Court is fully aware of the Legislature's intent to relieve persons from the ravages of unemployment where such idling results from external factors we will not allow such relief where the termination is voluntary and the claimant, as here, fails to carry her burden to convince the Bureau, the referee, or the Board, that she had a cause of necessitous and compelling nature. The facts of this case fall squarely within the prohibition of Section 402(b)(1) of the Law.
Accordingly, we will enter the following
And Now, October 6, 1978, the order of the Unemployment Compensation Board of Review, Decision No. B-139414-B, dated May 24, 1977, is hereby affirmed.
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Chris Ciaccia is currently a freelance journalist covering a wide variety of topics, from ETFs to options to technology.
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Andrew Kelly
The Great Brain Race: How Global Universities Are Reshaping the Worldby Ben Wildavsky
In The Great Brain Race, former U.S. News & World Report education editor Ben Wildavsky presents the first popular account of how international competition for the brightest minds is transforming the world of higher educationand why this revolution should be welcomed, not feared. Every year, nearly three million international students study/i>/i>
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In The Great Brain Race, former U.S. News & World Report education editor Ben Wildavsky presents the first popular account of how international competition for the brightest minds is transforming the world of higher educationand why this revolution should be welcomed, not feared. Every year, nearly three million international students study outside of their home countries, a 40 percent increase since 1999. Newly created or expanded universities in China, India, and Saudi Arabia are competing with the likes of Harvard and Oxford for faculty, students, and research preeminence. Satellite campuses of Western universities are springing up from Abu Dhabi and Singapore to South Africa. Wildavsky shows that as international universities strive to become world-class, the new global education marketplace is providing more opportunities to more people than ever before.
Drawing on extensive reporting in China, India, the United States, Europe, and the Middle East, Wildavsky chronicles the unprecedented international mobility of students and faculty, the rapid spread of branch campuses, the growth of for-profit universities, and the remarkable international expansion of college rankings. Some university and government officials see the rise of worldwide academic competition as a threat, going so far as to limit student mobility or thwart cross-border university expansion. But Wildavsky argues that this scholarly marketplace is creating a new global meritocracy, one in which the spread of knowledge benefits everyoneboth educationally and economically.
Editorial Reviews
Andrew Kelly
Sir Howard Newby
Jay Mathews
John Gravois
As a peek into fast-evolving trends in global or transnational education that are increasingly consuming the minds of university presidents, it's extremely good, and its educated-but-breezy Atlantic style of writing, so rare in higher education books, make it a pleasure to read.
Alex Usher
James K. Glassman
Adam R. Nelson
Glenn C. Altschuler
Chester E. Finn, Jr.
Diana Furchtgott-Roth
Richard N. Cooper
Kevin Carey
Mary Taylor Huber
Leon Cremonini
Wayne Ishikawa
Vaidehi Nathan
Robin Tatu
Jeroen Huisman
Garret Martin
Alex Usher
Wildavsky's thoroughly researched book . . . provides a great deal of information about globalization in higher education and it raises some interesting questions. . . . The best contribution of the book is Wildavsky's vigorous argument that the increasingly open educational world is nothing to fear.
Honorable Mention for the 2010 PROSE Award in Education, Association of American Publishers
"Comprehensive and fascinating. . . . [Wildavsky] reports on American universities, notably NYU, branching out internationally; on foreign governments, like China's, spending vast sums to improve their own institutions, partly to attract scholars and students from abroad; on for-profit businesses, like Laureate and the Washington Post Co.'s Kaplan Inc., planting campuses in remote global locations. . . . This is Mr. Wildavsky's major argument. The globalization of education is producing what he calls a 'free trade in minds'beneficial not only to countries sending their students abroad and countries accepting them but also, through positive externalities, to the broader world."James K. Glassman, Wall Street Journal
"Academic globalisation has gone into overdrive in the modern university. Some of this is along familiar linesacademics collaborating with ever more foreign colleagues and sabbatical-seekers contriving to spend ever more time abroad. But Mr. Wildavsky demonstrates that globalisation is now much more complicated than just cross-border collaboration spiced up with junkets. . . . This is a fascinating story."Economist
"Readable, fast-paced. . . . The global race to attract the top talent among both staff and students is affecting the academy across the globe. . . . As a description of the state of play on all these issues in the summer of 2009 (approximately), the book is wonderfully successful."Sir Howard Newby, Times Higher Education
"[Wildavsky] tells an engaging story about the ways in which global universities are 'reshaping the world'. . . . [His] style is gripping and urgent. . . . His point that the forces of globalization will profoundly shape the future of higher education cannot be ignored. Not everyone will share Wildavsky's faith that a 'free trade in mind' will lead to equitable, or economically beneficial, outcomes. However, we must all grapple with his view that knowledge is a commodity, and universities, if they wish to survive, must treat it as such."Adam R. Nelson,Nature
"Intriguing. . . . In our comfortable spot at the top of the world's higher ed pyramid, we are ignoring one of the most powerful trends of the 21st centurya growing free trade in great minds. Wildavsky, a senior fellow in research and policy at the Kauffman Foundation, argues that this will make this era more innovative, and more prosperous, than any that human civilization has seen."Jay Mathews, Washington Post
"Wildavsky does a fine job of giving contour to the diffuse and multifarious phenomena that comprise the ongoing globalisation of academia. . . . Wildavsky is forthright about his enthusiasm for what he calls a new 'free trade in minds', and he is refreshingly sceptical of all the knee-jerk rhetoric purporting to warn that America and other western powers are 'falling behind'."John Gravois, National
"Provides an informative, early-days assessment of a new phenomenon: 'free trade in minds.' Acknowledging missteps and problems, he claims, with a bow to author Thomas Friedman, that an increasingly flat academic world will bring unprecedented economic, social, and political benefits, innovative research, and spread meritocratic values to emerging nations."Glenn C. Altschuler, Boston Globe
"Wildavsky addresses all aspects of the internationalization of universitiesstudents, faculty, branch campuses, financing, and even curriculaand contends that the combination of research and teaching, although sometimes a source of tension within universities, has been a resounding success."Richard N. Cooper, Foreign Affairs
"Superb. . . . For educators, it's the equivalent of Friedman's The World Is Flat and carries much the same message: Higher education (and there are signs that K-12 is following behind) is no longer confined by national boundaries, much less campus walls. At least at its upper echelons, it's now an international industry, serving an international market, populated by globe-trotting people. . . . Ponder the implications. Meanwhile, read this book."Chester E. Finn, Jr., Education Gadfly
"Makes a compelling case for both the virtue and the inevitability of globalizing higher education. . . .[Wildavsky] paints a picture of a global higher-education landscape where porous borders and surging national aspirations are driving rapid increases in competition for students, professors, and prestige."Kevin Carey, Chronicle of Higher Education
"Wildavsky meticulously demonstrates how the competition for academic talent has gone global, with universities all over the world chasing the brightest students. . . . The Great Brain Race is a timely wake-up call."Diana Furchtgott-Roth, Real Clear Markets
"In insightful, straightforward, and accessible writing, [Wildavsky] discusses the strategic value of universities extending their influence and brand throughout the world, noting that 'knowledge changes the world'. . . . Readers who are relatively unfamiliar with the globalization of higher education will appreciate this, while seasoned global educators will welcome its complete and compelling picture of how postsecondary education benefits a nation's livelihood and economy. A worthy addition to libraries with larger international education collections and institutions with study abroad programs and/or foreign campuses."Elizabeth Connor, Library Journal
"As a peek into fast-evolving trends in global or transnational education that are increasingly consuming the minds of university presidents, it's extremely good, and its educated-but-breezy Atlantic style of writing, so rare in higher education books, make it a pleasure to read."Alex Usher, Globe and Mail
"Wildavsky's thoroughly researched book . . . provides a great deal of information about globalization in higher education and it raises some interesting questions. . . . The best contribution of the book is Wildavsky's vigorous argument that the increasingly open educational world is nothing to fear."George Leef, John William Pope Center for Higher Education Policy
"The book is an excellent and thought-provoking work, one that raises many important questions about where globalized higher education will take us. . . . In the end, The Great Brain Race is very convincing: the world is a far better place when we embrace the transnational flow of people and ideas, limit the urge to engage in academic protectionism, and expand the reach of the global meritocracy."Andrew Kelly, The American
"Wildavsky paints a comprehensive picture of a field where information is scattered and often sparse."Mary Taylor Huber, Change
"The Great Brain Race provides thorough insight into how higher education is playing its part in today's globalized worldand the other way around. . . . Wildavsky skillfully combines information gathered first-hand (e.g. in interviews with institutional leaders), anecdotal evidence, and his own knowledge of university rankings, with a keen awareness of the scholarly debates on higher education and its developments over time. . . . Skillfully written and fast-paced, Wildavsky's contribution is an undoubted added-value to our understanding of an inevitably internationalized higher education landscape. . . . This is a timely publicationand a mustfor anyone interested in making the best of today's higher education."Leon Cremonini, Teachers College Record
"The Great Brain Race is compelling because of the breadth of evidence that Wildavsky provides to demonstrate the degree to which globalization has permeated academe. As his examples show, there is no template or roadmap to guarantee the success of an institution or nation; at the same time, there is no doubt about the changes in the academic environment, and anyone in higher education will feel their impact."Wayne Ishikawa, Continuing Higher Education Review
"The book is a thorough work on the higher education scenario globally. It discusses the issue at micro level, detailing both sides of the story. It is undoubtedly a valuable source book on the education sector."Vaidehi Nathan, Organiser
"What this slim volume [provides] is a highly readable introduction to and advocacy for global education."Robin Tatu, Prism
"[Wildavsky's] background and experience in the print media business is evidently present on every page of the book: he is able to explain rather complex phenomena in popular language, he masters the skills needed to combine facts from various sources with relevant quotes . . . and he is able to organize his materials in compact chapters. . . . I would definitely recommend the book to students in higher education as a more than adequate introduction to the phenomenon."Jeroen Huisman, Studies in Higher Education
"Wildavsky's book should be commended for striking the right balance between alarmism and complacency on Western predominance in higher education."Garret Martin, European Affairs
"Wildavsky addresses these issues in a journalistic style, and his answers are informed by an underlying agreement with the goal of an open and free academic market. His stories are illustrative, his research is impeccable, and the argument is forcefulas it needs to be in the face of rising academic protectionism. He also provides readers with an account of how misguided concerns about national interest are the greatest threat to freedom in the academic market today."Choice
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- Princeton University Press
- Publication date:
- 04/21/2010
- Pages:
- 248
- Product dimensions:
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Read an Excerpt
The Great Brain RaceHow Global Universities Are Reshaping the World
By Ben Wildavsky
Princeton University PressCopyright © 2010 Princeton University Press
All right reserved.
Chapter OneThe Worldwide Race for Talent
When Claire Booyjzsen finished her master's degree at the University of Witwatersrand in Johannesburg, South Africa, the world was her oyster. Intent on pursuing a PhD in chemistry, she consulted global rankings of universities to identify some of the strongest. Then she conducted more research, corresponding with professors and students to narrow down her list. She ultimately applied to eleven institutions. After the acceptance letters came in, she traveled to Coventry, England, where she is now a third-year doctoral student at the University of Warwick, an institution where one in five students comes from overseas. "It's really multicultural here," says Booyjzsen, who works as a tutor in a student dormitory. "I've met people from all over the world."
A relatively young university-it was founded in 1964-Warwick has become one of Great Britain's most sought-after institutions. It is also regarded as one of the nation's most entrepreneurial universities-and one of the most international as well. Warwick has systematically recruited students around the globe. In some instances, such as Booyjzsen's, its purpose is to search for talent; her studies are supported by a graduate fellowship funded by the university. In others, the search for international intellectual ability comes with a significant financial incentive (though the two are not mutually exclusive, of course). Almost all undergraduate and professional-school students from nations outside the European Union (EU) have "full pay" status. That means they don't enjoy the huge tuition. subsidies received by British and other EU students-and thus represent a significant source of tuition revenues for Warwick and other universities that face declining state funding.
Warwick has attracted its international study body, at least in part, by establishing a network of recruiting offices around the world. Headed in almost every case by Warwick alumni, these outposts can be found in Beijing, Shanghai, Hong Kong, New Delhi, Singapore, and many other cities. Warwick's vice chancellor, Nigel Thrift, notes that the university now attracts students not just from major "sender" countries such as India and China but from a total of 120 nations. He downplays the budget-balancing aspect of his university's recruiting efforts, highlighting instead how the large number of overseas students exposes British students not only to intellectual firepower but also to global diversity. "It's just an enormous asset to the way the university is," Thrift says. "It makes it into kind of a little world city. I love that."
As Warwick goes, so goes the world: students like Booyjzsen have plenty of company. In recent years, international student mobility has been enormous-and consequential. Nearly 3 million students now study outside their home countries, a number that has risen steeply in a short period. From 1999 to 2009 alone, the number of students studying outside their home nations increased by 57 percent, according to UNESCO (United Nations Educational, Scientific and Cultural Organization) and OECD data reported by the Institute for International Education (IIE). Methods of counting foreign students are imperfect and vary from country to country, but the magnitude of the trend is indisputable. Indeed, the UNESCO/OECD figures understate the amount of foreign study because they include only students who go abroad for more than one year.
Where are all these students going? Above all, to the United States-by far the world's biggest magnet for international students. The United States began to assume that role after World War II, and consolidated it with the flood of foreign students who came in the 1970s and 1980s to study at research universities that had become the best in the world. Today, the U.S. market share of those 2.9 million mobile students worldwide stands at 22 percent, according to a report by the London-based Observatory on Borderless Higher Education. That puts the United States far ahead of its closest competitors, the United Kingdom and Australia, which played host, respectively, to 12 percent and 11 percent of those students.
The U.S. edge among graduate students is even higher: about two-thirds of all foreign graduate students worldwide study in the United States. In certain fields, more than half the PhD students at American universities come from overseas: the percentages are 65 percent in computer science, 65 percent in economics, 64 percent in engineering, 56 percent in physics, and 55 percent in mathematics, to cite the best-known examples. Indeed, a recent survey found that China's Tsinghua and Peking universities surpassed Berkeley as the top sources of students who go on to earn American PhDs. One professor of astronomy at a top-ranked U.S. university describes having to resort to "affirmative action for Americans" in order to ensure that his program enrolls more than a token number of native-born doctoral students.
Where do all these international students come from? Of the 572,509 foreign nationals who studied in the United States in 2004, more than half came from Asia; the top five countries of origin were India, China, South Korea, Japan, and Taiwan. China and India are the top source countries among Great Britain's overseas students, making up a combined 69,000 of the 318,390 foreign students who studied in the U.K. in 2005.12 Similarly, India and China are the largest "sender" countries to Australia, which has become a major force in global higher education. It recruits students through an organization known as IDP Education, which has a network of over seventy-five offices in twenty-nine countries that hold education fairs and the like.
France and Germany, while relatively popular, are both considered secondary higher education destinations, and tend to attract students based on their own historical and cultural ties. A large majority of the 265,000 international students enrolled in French universities in 2006 came from Algeria, Morocco, and Tunisia. Germany, which enrolled nearly 190,000 foreign students in 2008, up 82 percent over the previous decade, attracts Chinese students more than any other nationality. After that, Germany is primarily a destination for Europeans from nations such as Bulgaria, Poland, and Russia. It has also attracted substantial numbers of Turkish students.
A Grand Tradition
Students of global higher education are unanimous in their view that more students move to more universities around the world today than ever before in world history. "The notion that students can move great distances today, going from nation to nation with great ease, is certainly unprecedented," says higher education scholar Daniel Fallon, an emeritus professor at the University of Maryland at College Park. "Going back only two hundred years, you had to have passports and visas to go, within a country, from one town to another. What we do today is ridiculously simple compared to that." Nevertheless, while academe has never before seen such widespread movement of students and professors around the world, the history of Western universities has long been marked by student migration. "In the beginning was the Road," writes French historian Joseph Bédier, describing how the flow of ideas and knowledge in the Middle Ages was made possible by the roads linking ancient cities, which had become the sites of cathedrals and thus centers of learning.
The first Western universities were located in Paris and Bologna, which began to flourish during what has been called the Renaissance of the twelfth century. Early universities began as scholastic guilds, typically attached to cathedrals, and were called studia generale. Eventually, they came to be referred to as universitas. And it did not take long for a version of internationalization to follow. Just as contemporary students' journeys around the world have been vastly eased by the Internet and cheap airline travel, so too did their predecessors benefit from their own periods' versions of better transportation and communication networks.
The best early evidence for quite extensive student mobility can be seen in the formation of "student nations" in the early 1220s, in which university students from different parts of Europe joined together for "mutual protection and help according to their home countries or provinces." Birthplace and mother tongue determined a student's membership in a nation. At the University of Paris were four such nations-the French, the Normans, the Picards, and the English. Still more diverse was the University of Bologna, which was home to nineteen nations, with students hailing from such disparate areas as Hungary, Poland, Spain, and Germany.
What accounted for such early significant patterns of mobility at a time when this was far from the norm? Most prosaically, of course, students in areas without universities-Scandinavia, Ireland, and Eastern Europe, for instance-had no choice but to travel if they wanted to pursue higher studies. "If you were interested in anything scholarly, you took off," says Fallon. Another incentive to travel in search of learning lies in a set of privileges awarded to traveling scholars in 1158 by Frederick Barbarossa, the Holy Roman Emperor. Known as the authentica Habita, these rules protected individuals traveling to foreign lands to study. More broadly, churches and kings across Europe provided foreign students with financial assistance-call it the earliest version of today's scholarships-in the form of outright aid or inexpensive food and lodging. There was a catch, to be sure-in return for this assistance, students were expected to work for either the state or the Church.
Then, too, world events had a role to play. Just as wars and revolutions in the past century have led to mass migrations of people and scholars, so the patterns of student movement in the Middle Ages were influenced by the happenings of the day. In 1229, for instance, students in Paris, enmeshed in disputes with local citizens, rioted violently (plus ça change, one is tempted to observe). The result? The king of France dissolved the university for six years, resulting in what one academic termed "The Great Dispersion" of French scholars. The king of England, Henry III, like university leaders today who are constantly on the lookout for fresh talent, apparently saw the French contretemps as a recruiting opportunity-he welcomed the exiles from Paris into British universities.
In a similar parallel, just as various modern nations have fretted about brain drain, tried to keep more students at home, and, in some cases, erected barriers to their free movement across borders, so too did their counterparts in the Middle Ages. By the late fourteenth century, student mobility had declined, in part because countries devoted considerable resources to promoting local or regional educational opportunities. In addition, some countries passed laws that excluded from public office any students who had attended foreign universities.
Still, as the sixteenth century dawned, academic mobility was once again on the rise. This new era of movement across national boundaries and exchange of ideas is personified by the travels of Desiderius Erasmus, the Dutch Renaissance scholar and Catholic theologian. Something of an itinerant student and academic, Erasmus studied at the University of Paris and the University of Cambridge. He also spent time at universities in Italy, Germany, Belgium, and Switzerland. So renowned was his contribution to international academic exchange that some 450 years after his death, the EU initiated the Erasmus program, which is intended to facilitate such exchange between students and teaching staff in European universities.
For all the circulation of students and ideas that characterized the first six centuries of Western research universities, it wasn't until the nineteenth century that foreign students began to flock in large numbers to the country that would become the birthplace of the modern research university: Germany. The nation hadn't previously been a big draw for foreign students. On the outbound side, it sent several thousand students to Bologna and Paris from the thirteenth to fifteenth centuries. But Charles IV significantly stemmed the flow of German students abroad by founding the University of Prague in 1347. (The new university was also an early instrument of meritocracy: "From this time on," writes historian Helene Wieruszowski, "education became a social leveler with the slogan 'career open to merit.'") By the beginning of the fifteenth century, the University of Prague was a distinctly cosmopolitan institution, attracting some 2,000 foreign students to its community of about 4,000 scholars.
German universities became particularly attractive to foreigners-not only as a study destination but also as a model for replication-with the founding of the University of Berlin (later Humboldt University) in 1820. The father of the German university is widely considered to be Prussian education reformer Wilhelm von Humboldt, who was committed to the proposition that a university should be a place that encouraged scholars to conduct research without government interference. As a result of their emphasis on advancing research while also promoting technical and vocational education, the universities in Berlin and other German cities emerged as major destinations for international students by the end of the nineteenth century.
The numbers are not large by today's standards, but they made up a not-insignificant share of enrollment. In 1900, for instance, 1,750 foreign students were enrolled at German universities, accounting for 7.6 percent of all tertiary enrollment in the country. A few years later, those numbers had grown considerably, with particularly heavy enrollment from Europe. In 1910, 4,646 Europeans were studying in Germany. Half were natives of Russia, while others came from Austria-Hungary, Switzerland, Bulgaria, and Romania. German universities even drew students from parts of Africa and Asia.
While many of the students initially drawn to Germany were European, Americans, too, soon became a significant source of foreign enrollment. In 1911, American students made up 4.6 percent of overseas enrollment at German universities. At the most popular institution for U.S. students, the University of Göttingen, 22 percent of the student body was American. By 1936, overall U.S. enrollment at German institutions had grown to 11.5 percent before dropping precipitously in the run-up to World War II.
Other nations certainly continued to attract overseas students, particularly England and France. In 1928 French universities enrolled a record 14,368 foreign students. In the United States, institutions such as the University of Virginia and Williams College were in various respects modeled on French universities. And throughout the twentieth century, exchanges abounded between U.S. and French institutions-the University of Paris, for instance, prepared a special course for American students.
Nevertheless, the German model was uniquely influential. When American students returned home from their studies, they attempted to replicate these German institutions, which had pioneered the combination of research excellence and teaching, not to mention such bedrock concepts as academic freedom. Perhaps the best known of the institutions created as a result was the Johns Hopkins University, founded in 1876. Hopkins aimed to be the first German-style university in America; this aspiration was exemplified by the fact that many of its founding faculty members were former students at German institutions. Other influential universities, including the Massachusetts Institute of Technology (MIT) (1860), Cornell University (1868), and the University of Chicago (1890), were similarly founded on German academic ideals.
Yet if the roots of today's American research universities can be found in nineteenth and early twentieth-century German institutions, the vast influence that U.S. universities have come to occupy in the global academic enterprise traces more immediately to the period following World War II. As at the universities of Paris, Bologna, Oxford, and Cambridge over the previous eight hundred years, overseas students started flocking to U.S. universities as they began to achieve worldwide renown. Once a critical mass of foreign talent was in place in America's halls of academe, those students in turn contributed their brainpower to further advancing the United States' intellectual reputation-a virtuous cycle marked by, and powered by, mobility.
The number of foreign students attracted to the United States was relatively modest before the Second World War, but it grew quickly, rising from around 10,000 in the prewar years to some 36,000 students in 1955, of which one-third were enrolled at the graduate level. A 1957 New York Times article headlined "Foreign Students Choose the U.S." cited a survey released by the National Science Foundation that said the dramatic increase could be attributed to a combination of factors: "a reflection of the prosperity and influence of the United States; of financial support extended to foreign students by educational institutions, private agencies and both the United States and foreign governments; and of the achievement by educational institutions of an internationally recognized status that had been attained earlier by European universities."
Excerpted from The Great Brain Race by Ben Wildavsky Copyright © 2010 by Princeton University Press. Excerpted by permission.
All rights reserved. No part of this excerpt may be reproduced or reprinted without permission in writing from the publisher.
Excerpts are provided by Dial-A-Book Inc. solely for the personal use of visitors to this web site.
What People are Saying About This
David W. Breneman, Batten School of Leadership and Public Policy, University of Virginia
Sebastian Mallaby, Council on Foreign Relations
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Richard C. Levin, president, Yale University
Philip G. Altbach, Director of the Center for International Higher Education, Boston College
Philip G. Altbach, Director of the Center for International Higher Education, Boston College
Andrew Witty, CEO of GlaxoSmithKline
Judy Woodruff, PBS Newshour
David W. Breneman, Batten School of Leadership and Public Policy, University of Virginia
Meet the Author
Ben Wildavsky is a senior scholar in research and policy at the Kauffman Foundation. Previously, he was education editor of "U.S. News & World Report", economic policy correspondent for the "National Journal", higher education reporter for the "San Francisco Chronicle", and executive editor of the "Public Interest". He has written for the "Washington Post", the "Wall Street Journal", and "Foreign Policy" among other publications and is co-editor of "Reinventing Higher Education: The Promise of Innovation". He has lectured widely in the United States and abroad.
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Creating Leaders, Encouraging Innovation, Promoting Excellence
The Texas Coalition for Excellence in Higher Education is a group of concerned citizens who believe strongly in the power of higher education to transform lives, build our economy and shape Texas' future. We believe a great university is an incubator of knowledge and creativity. It fuels discovery, and marries research with enhanced classroom teaching, learning, and hands-on experience. It also serves as an economic engine bringing in millions in research and development dollars, new businesses and industries, creating jobs and economic opportunity throughout Texas.
We believe we need to create high quality pathways to higher learning with partnerships linking the flagship universities with high schools, community colleges, technical schools and Tier One institutions, to ensure our educational system meets the diverse and growing needs of our population. In an increasingly global economy, future leaders must be challenged to think differently and consider the implications of diverse cultures, histories and traditions. Well-rounded and informed students are critical to keeping Texas and America competitive and attracting jobs and employers to our state.
Advocates for Texas' Future
The Texas Coalition for Excellence in Higher Education is a group of volunteer advocates who believe the pursuit of knowledge must be a state and national priority. At a time when America's ability to compete and lead the world is at risk, the research conducted, innovations developed, and resulting improved teaching at Texas' higher education institutions are more important than ever before. We hope to advance a thoughtful, constructive and transparent dialogue around these important issues for all Texans.
Our Call to Action
The Texas Coalition for Excellence in Higher Education was necessitated by the strong belief that there is a right way to improve higher education and that there is a wrong way that could have long-term damaging effects on our institutions of higher learning, our state's economy and on our future. Current recommendations being floated - from dramatically expanding enrollment while slashing tuition to separating research and teaching budgets, and seceding from a recognized and respected accreditation organization - are decidedly the wrong way. We believe our public university presidents and chancellors have earned our support with their ongoing commitment to a culture of excellence and continual innovation, while also working to cut operating costs and institute reforms. We also believe it is critical to regularly and openly evaluate the performance of our universities, and do so in a public and transparent way.
This website is intended to be a place for the latest news and information on the debate over high-quality higher education in Texas and for the exchange of open constructive dialogue about continued improvements.
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Saying Goodbye to a Legend
This week the world lost a living legend. Dr. Denton Cooley, renowned heart surgeon, passed away at 96 years of age. A former Longhorn basketball player, Cooley went on to found the Texas Heart Institute and revolutionize "many techniques still used in cardiovascular surgery today." "The University of Texas prepares leaders who can benefit society and improve the world — none more so than Dr. Cooley, who continued to give back throughout his life," said UT Austin President Greg Fenves. "His legacy on campus and throughout the world will be felt for generations."Continue reading
Are you ready for OMLD?
What should higher ed watchers expect from the Trump Administration? It's hard to say. As the Houston Chronicle pointed out this week, President Elect Trump's "higher education policies are sparse but have the potential to vastly change how the federal government works with colleges and universities." One huge idea floated during the campaign was dismantling the Department of Education, which manages federal student loan programs among many other roles related to higher ed. Another idea included addressing student debt by capping interest repayment rates on student loans. Overall he's touched on affordability and access in speeches, but offered little in the way of specifics. Stay tuned.Continue reading


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