There Is Nothing ‘Conservative’ About Letting Police Violate Our Rights

Posted on by Lone Candle

“what about the onslaught of frivolous suits that would come down against the police? That also misses the mark, particularly when considering that it is not possible to simply enter a federal courthouse and file a lawsuit because you’re mad at the cops. Before suing a government actor, a plaintiff must satisfy two conditions: that the public servant affirmatively violated someone’s constitutional rights, and that the violation of the rights is clearly established in prior case law. Without qualified immunity, a would-be litigant would still need to prove to a federal judge that his constitutional rights were infringed on. Qualified immunity is only the second part—the part that sends a victim searching for a perfect court precedent where another victim experienced a near-identical sort of misconduct.

It’s for that reason that the doctrine gives license to some disturbing behavior—the sort that should concern anyone who positions himself as a defender of responsible governance. An example: “The City Officers ought to have recognized that the alleged theft was morally wrong,” but the police “did not have clear notice that it violated the Fourth Amendment.” This is a real quote from a real decision from a real federal court—the U.S. Court of Appeals for the 9th Circuit—awarding qualified immunity to two government actors who we apparently cannot trust to know that stealing during a search warrant is unconstitutional unless there is some obscure court precedent saying so. I’d posit that most of the public has more faith in police to do their jobs with integrity. I certainly do.”

When the CCP Threatens International Students’ Academic Freedom

Posted on by Lone Candle

“China has long been the number one feeder of international students to the U.S.; for the 2020–21 school year, more than 317,000 Chinese students were enrolled at American higher ed institutions. Hong Kong sends about 6,800 students overseas to

American universities each year. Thus, McLaughlin says, the question arose at the start of the pandemic when foreign nationals were temporarily expelled from the U.S.: “Is it safe for them to learn?”
American professors started “try[ing] to find the safest way to teach without censoring themselves,” McLaughlin says. They have taken certain discussion off of certain platforms; started using blind grading and allowing students to not submit papers under their own names; changed some conversations to be one-on-one instead of group discussions where another student could possibly record or disseminate the comments of a student living under Beijing’s thumb. Some professors, like Rory Truex at Princeton, issued warnings in their syllabuses, saying in essence that if a student was currently residing in China, they should wait to take a given class until they’re back on American soil.

Academics elsewhere have stooped to disturbing self-censorship to stave off Chinese Communist Party (CCP) censors. A teaching assistant at the University of Toronto declared he’d been told not to talk about certain issues online because it could put some students at risk; a guest lecturer-journalist from the Hong Kong Free Press declined an already-agreed-to speaking opportunity at the University of Leeds because he had been instructed by hosts to avoid focusing on the Hong Kong protests out of concern for the safety of Chinese students attending the lecture remotely.”

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“Professors in Hong Kong, and international students from Hong Kong who study in the U.S. (not to mention their mainland Chinese counterparts), already had to worry about what might happen if a student takes a phone out and films comments made during classes. With the widespread adoption of remote learning, that’s gotten exponentially worse, says McLaughlin. “Whether it’s the intent or not, the effect of forcing everything online makes it a lot easier to hunt down, censor, and punish speech that’s critical of the government.””

Charter Schools Win Support by Offering Education Flexibility

Posted on by Lone Candle

“”Lottery-based studies of urban charter schools consistently show that charters improve students’ academic achievement and some longer-term outcomes, particularly among Black and Latinx students, students with disabilities, and low-performing students,” concludes a 2021 National Bureau of Economic Research paper by Sarah Cohodes and Katharine Parham of Columbia University.”

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“”Overall, the big charter networks are seeing college success rates that are anywhere from three to five times the rates for low-income students nationally,” Richard Whitmire wrote for the education publication The 74 in 2017. “The most successful networks are all in the 50 percent range — half of their alumni earn bachelor’s degrees within six years. Nationally, 9 percent of the students from low-income families meet that mark.”

Not every charter school achieves such success, of course. Like any other venture, some charters go off the rails, are run into the ground by poor management, or just fail at their mission. Teachers’ unions, having wandered far from the days of Albert Shanker’s advocacy of charters, are more than happy to point to charter schools that don’t do a good job. But that’s part of the attraction of charters; when they fail, as some institutions inevitably do, it’s easier to close one independently managed school and move its kids to competitors than to shut the doors of a traditional district school that has a near-monopoly on students in a geographic area.”

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“In December 2021 polling by EdChoice, 90 percent of charter school parents report being very or somewhat satisfied with their children’s schooling, compared to 78 percent of district school parents (96 percent of private school parents and 88 percent of homeschool parents report being satisfied).”

Police Chief of Alabama Town That Was Getting Fat on Fines Steps Down Amid Bipartisan Outrage

Posted on by Lone Candle

“Police being able to keep what they seize is one of the primary motivators for fine and forfeiture abuse, and it’s obvious to everybody except for the mayor and the police department that’s what was happening in Brookside. Without that incentive, the police would not be sniffing around every single car it comes across for a potential score.”

N.Y. Can’t Teach Kids To Read on $30,000

Posted on by Lone Candle

“In New York, where I live, real per-pupil revenue has increased by a mind-boggling 68 percent between 2002 and 2019. Public schools in the Empire State are now shelling out more than $30,000 per kid. That’s more than double the national average, and it doesn’t even include the $16 billion extra that New York’s system got in combined federal and state COVID-19 relief funding.

Yet New York’s public schools are still as terrible as the Mets, the Jets, and the Giants, with only a third or fewer of students up to grade level in eighth grade reading and math, according to their scores on the National Assessment of Educational Progress (NAEP), widely considered the gold standard for judging school outcomes. Those scores aren’t much different than they were 20 years ago.

In fact, $30,000 a year puts the lie to the argument pushed by unions and progressives that more money will fix schools. More money hasn’t helped the rest of the country boost their scores either. According to NAEP, whatever minor improvements in reading and math that were made for students ages 9 and 13 since the early 1970s have flattened since the early 2000s. We’re paying more for the same results.

None of this is a mystery. The connection between bigger spending and good outcomes is weak at best, whether we’re talking about comparisons among U.S. states or international ones.”

COVID Might Help To Kill These Expensive, Anticompetitive Hospital Regulations in South Carolina

Posted on by Lone Candle

“Residents of Fort Mill, South Carolina, had to wait 18 long years for construction to start on a hospital that state regulators determined in 2004 was necessary—and then proceeded to hold up in an absurdly long legal battle that eventually went all the way to the state Supreme Court.
Hopefully, that saga won’t ever be repeated.

The state Senate voted 35–6 on Tuesday to repeal most of South Carolina’s Certificate of Need (CON) regulations that require hospitals and other health care providers to obtain permission from the state before expanding facilities, buying new equipment, or offering new services. Often, those regulations gave de facto veto power to existing providers, which lobby health policy bureaucrats to block the approval of new competition.

That’s exactly what happened in Fort Mill, where plans for a new 100-bed hospital were tied up for more than a decade and a half, in part because a rival hospital wielded the state’s CON laws in an attempt to block the new facility, as Reason previously reported.”

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“If the bill becomes law, the Charleston Post and Courier reports, it would clear the way for 28 projects that are currently tied up in legal battles despite having won preliminary CON approval. Another 34 projects awaiting review by the state’s Department of Health and Environmental Control would be able to proceed as well. The paper estimates that those delayed projects represent more than $1 billion in health care investment in the state.”

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“that doesn’t include the loss of projects that never materialized in the first place.”

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“As part of his emergency order issued when COVID-19 first struck in March 2020, Gov. Henry McMaster (R) suspended enforcement of CON regulations—making South Carolina one of several states to do so because of the pandemic. When it became obvious that the sky wasn’t falling in the absence of those rules, some state lawmakers rightly began to question whether they were needed in the first place”