Since 1985, we have since learned that psychosocial skills and insider knowledge interact with the ability to enhance the likelihood of progression to the next level of talent development, and we do have some ideas about which psychosocial skills matter broadly across domains.
All domains change over time in response to societal demands. For example, medicine has needed to increase sub-specialization and pay more attention to training protocols for interacting and communicating with patients. Aesthetics within fields of performance also change and as a result, preparation changes (witness that in the education of artists, the basic skill of drawing has become optional in the curriculum and preference is given to learning what you need to know to do the art you want to do).
Sports provides several key lessons.
First, the domain of sport relies more on sport-specific criteria than do academic fields. They use actual performance as a selection tool. Individuals are asked to play the sport, often with other equally talented athletes who are trying out, and those who perform best are selected. Teachers (coaches) do the selection with pretty good accuracy.
Sport has long recognized the importance of psychosocial skills like coping with performance anxiety—particularly at the elite levels of competition. Sports take place in front of audiences where one has supporters and individuals who are not rooting for you and you have got to learn to be able to "shut out" distractions and get the job done. Similarly, games are played almost weekly or even more frequently, and athletes have got to put their best selves on the field or court on every occasion.
Thus, an athlete is trained to "pick oneself up" after losses, understand the lessons the loss provides, and move forward to try to win the next game. Sports psychologists are integrated into this important component of training. We leave the development of these skills to chance for academically talented individuals, but we could place more of a focus on developing them.
However, we argue that many of the advantages of sport come with it being a performance domain, and other performance domains such as elite music performance also offer useful lessons for academic domains. As in sport, in developing elite musical talent, there are explicit criteria for selection based on performance, and diminished reliance on abstract tests.
Teachers are often practicing professionals and provide individualized instruction – much of the talent development work is conducted one-on-one. Teacher selection is also key and sometimes more important than the reputation of the music institution. And beyond one-on-one lessons, there are master classes sharing instruction with all the students of one teacher. Additionally, for a student to progress, he or she needs to pass muster every year in front of the whole department.
Finally, there are "Reality 101" classes requiring students to learn how to behave in professional environments, how to handle stress, how to get an agent, and other practical skills required to facilitate success. These skills would also be useful in academic domains and universities are now beginning to have classes on succeeding in academia or translating your doctoral degree into success outside the academy.
Re-posted with permission from Psychology Today's Finding the Next Einstein.
I am an Assistant Professor of Education Policy and Psychology, the 21st Century Endowed Chair in Education Policy at the University of Arkansas in the Department of Education Reform, and also hold a joint (courtesy) appointment in the Department of Psychology. I've also held positions at Duke University and Case Western Reserve University. For more about my work, please visit my professional page (jonathanwai.wordpress.com).
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With a win over Cleveland on Saturday, Chicago recorded its 30th victory of the 2010-11 campaign, third most in the Eastern Conference. To put it into perspective, last year's team didn't get win No. 30 until Feb. 24.
By improving to 31-14 with another win over the Milwaukee Bucks on Monday, the Bulls kept pace with the record of the Michael Jordan and Scottie Pippen-led team that won the organization's first championship 20 years ago.
But what's really remarkable about the Bulls is that they've enjoyed this success, including a 21-4 record at home and wins in 21 of their last 27 contests, without ever having the core of Derrick Rose, Carlos Boozer, Joakim Noah and Luol Deng on the floor together at full strength. Rose and Deng have remained healthy and while Boozer and Noah did play together for a stretch, by the time Boozer debuted on Dec. 1, Noah was already playing with his thumb injury suffered on Nov. 27.
That being said, Bulls coach Tom Thibodeau is far from satisfied. And in spite of the team's relatively gaudy record, he knows there is a lot of room for growth.
It's safe to say the Bulls didn't play their best basketball in an underwhelming win over the Cavaliers on Saturday which extended Cleveland's losing streak to 16 games. What appeared to be an inevitable blowout instead turned in to a far too competitive game for Chicago's taste.
Thibodeau addressed some of the lapses that occurred and shared his thoughts on how to prevent them moving forward.
Thibodeau added that he was pleased with parts of the Bulls' performance against Cleveland, citing a 17-point first half lead which was extended to 20 points in the second half. But he said he didn't like the way the Bulls played with the lead and the result was the Cavaliers getting to within two points late in the game.
"We have to strive to be a 48 minute team," stated Thibodeau.
There is some consistency, however, developing on the defensive end for Chicago. The Bulls are the NBA's best team in terms of opponent field goal percentage (.423) and third overall in opponent scoring (92.1 points per game).
Furthermore, in their last four games prior to Monday, the Bulls held their foes to 80.8 ppg and .364 (117-321 FG) shooting from the field. In sticking with the theme, there is no chance the success will come with any degree of complacency for Thibodeau and his players.
Milwaukee Bucks coach Scott Skiles credits part of Chicago's success on the defensive end of the floor to a player known primarily for his offensive skills prior to this season.
"One of the keys to me is that Derrick Rose has become a better defender," said Skiles. "He must be willing to listen and learn because they're good teachers as well [on the Bulls' staff]. It's a very good defensive team now, and with the offensive weapons they have, it's a legitimate club.
Earlier this season, Chicago took the first game of the series 90-77 at the UC … both Carlos Boozer and Luol Deng scored a team-high 24 points, while Derrick Rose added 18 points and 12 assists … Milwaukee won last year's season series 3-1 … in their first meeting last season, Chicago squeaked out a victory over the Bucks at the UC 83-81 (11/03) … Luol Deng had the first 20-20 double-double by a Bull since 2004 (Marcus Fizer) with 24 points and a career-high 20 boards, while rookie Brandon Jennings scored a game-high 25 points for Milwaukee … since the 2003-04 season, Chicago has gone a combined 18-7 against Milwaukee (11-2 at the UC) … since the 2004-05 season, Chicago holds a 7-5 record against the Bucks at the Bradley Center … Chicago has won nine of the last 10 contests over Milwaukee at the United Center … the Bulls won the season series 3-1 in 2008-09, with their lone loss coming in Milwaukee (12/03) … Chicago is 6-4 against the Bucks in its last 10 meetings with Milwaukee.


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Jayne Mansfield's Car
From this year's Berlinale
A.J Goldmann February 24, 2012
Billy Bob Thornton's Jayne Mansfield's Car is the director's return to the big screen since 1999's All the Pretty Horses, adapted from the Cormack McCarthy novel. Thornton said he was delighted to be back to directing his own material. He has chosen a quirky tragi-comedy set in the American south in the 1960s that is a double portrait of two families, one American, the other British.
It has been twenty years since Naomi Caldwell left her clan in Alabama and ran away to Europe. Jim, the stern pater familias of the Caldwells (Robert Duvall in an angry, anguished performance), has taken out his disappointment and rage on his sons, who have grown up deprived of a parent's love. The most damaged is Skip (Billy Bob Thornton), a decorated WWII pilot whose body is singed from a plane crash that nearly took his life. His vintage car collection seems to be the only thing that brings him joy. Skip's brother Carroll (Kevin Bacon) has moved away from his overbearing father and his war experience by becoming the oldest hippie in town. His passion for drugs and rock and roll is an engine for much of the plot. Jimbo (Robert Patrick), the son not scarred by wartime trauma, is the only one who has turned out halfway normal.
As the film opens, Jim receives news of Naomi's death. Her body is being flown back for burial in Alabama, escorted by her English husband, Kingsley Bedford (John Hurt) and his two children from a previous marriage.
Much of the the film's early antics stem from the culture clash between the vulgar, brash Americans and the proper, reserved Brits. Fortunately, the film soon steps back from these facile and clichéd comparisons. What starts out as an absurd farce of family dysfunction soon matures into a bittersweet tale of generational conflict and forgiveness. Thornton keeps the multi-layered plot moving along, aided by the superb performances of the ensemble cast. One of the film's few serious problems is a crucial plot turn that hinges on Robert Duvall's character accidentally drinking LSD-laced iced tea before going hunting with his formal rival. Thornton follows through to the mishap's logical conclusion, so that it isn't merely a gimmick. But there simply isn't any way to stop it from seeming contrived, and unbelievably, at that.
Tagged With: Billy Bob Thornton, John Hurt, Kevin Bacon, Robert Duvall
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The daily work of Europatat is conducted by the secretariat of the Association based in Brussels.
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Berta holds a Journalism Degree from the University of Valladolid in Spain, where she is originally from, and she has a strong work experience in agricultural communication and European affairs. Berta brings to the position her experience after more than two years and a half at Europatat, where she represents and defends the interest of the sector at the European level and other international settings. She is also responsible for all internal and external communications, as well as policy dossiers such as agriculture and promotion, sustainability and research and innovation.
Contact Berta
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Romans has an extensive professional experience of more than ten years in Brussels, where he has been promoting and defending the interests of member associations and trading companies active in the EU agri-food trade sector. Romans holds a Bachelor in Food Technology and a Master in Natural Science from the University of Latvia, where he is originally from, and he has practical experience in a variety of EU policy areas. He is responsible for dossiers such as plant and food safety, trade, or research and innovation. Romans also supports the association's public affairs and policy objectives trough the implementation of different lobbying activities.
The Association's collaboration with the fresh fruit & vegetable sector, results in a permanently available multilingual staff with various competences. The staff has built up a broad knowledge base and keeps in close touch with various European institutions, such as the European Commission and the European Parliament.
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Will I be paid weekly or monthly? kamagra "It's not about how you start, it's about how you end. We just always want to be there or thereabouts and put ourselves in the frame for the top four, but we never look too far ahead."


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Letters From Prison
Radio/Press
Publicity Shots
Heather Layne
Real Life...
Real Music
"A Simple Choice"... Heather Layne's original song, "Courage to Change", was written specifically for this Hollywood short film, and comes on at the end of the film. ...When a woman risks her own life to save her, can Sara dare to believe there is a way out of her condemned life of prostitution? Can she believe it's just a simple choice?
Hi there! Please make yourself at home... listen to a song, watch a video, visit the Guestbook page... and don't forget to join our email list! Feel free to visit our Contact page to send us a personal note... We would love to hear from you! YOU are one of the BEST reasons why we do what we do!
- Heather Layne and Dennis (Husband, Drummer, Road Manager, & all-around-good-guy)
Radio Single "CLOSE YOUR EYES" ~Album on Music Tab
Heather Layne on RFD TV, Daystar,Nashville Network
Heather Layne's music video, "The 6:05" has aired on RFD TV, "The Shotgun Red Variety Show", and also a show called "Nashville Country Revival", on Daystar Television and the Nashville Network (Heartland Network). Check listings for show times on www.Hulu.com.
Heather Layne in Concert
The Church at Tuscaloosa, 6120 Watermelon Rd, Northport, AL
Dinner at 6:00 pm Concert hosted by Celebrate Recovery
FREE concert - open to the public
Thursday, January 23 @ 7:00PM Thu, Jan 23 @ 7:00PM
Christ United Methodist Church, 6101 Grelot Rd, Mobile, AL
Supper at 6:30 p.m. Concert hosted by Celebrate Recovery
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Concert hosted by Celebrate Recovery FREE concert - open to the public
Find Heather Layne's Music on iTunes, Amazon, Apple Music, Spotify, iHeartRadio, and more!
Heather Layne Music PO Box 308 Clovis, CA 93613
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Megan Rapinoe Kneels for National Anthem, Is on Team Kaepernick
by Hilton Hater at September 6, 2016 7:07 am .
Megan Rapinoe is a member of the U.S. National Soccer Team.
But she's also a member of Team Colin Kaepernick.
The San Francisco 49ers quarterback has become a topic of national debate after refusing to stand for the national anthem prior to a couple recent preseason football games.
He has made it clear that he plans to continue this protest once the actual season gets underway as well.
Upon initially taking this stance, Kaepernick explained his controversial decision as follows:
"I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color...
"To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder."
In subsequent interviews, Kaepernick specifically cited violent confrontations between members of the police and members of the African-American community that resulted in the latter being killed.
The story has become a global sensation.
President Obama even commented on Kaepernick's protest over the weekend.
He said that the quarterback was exercising his "constitutional right," that he's following in the tradition of other famous athletes and "I think he cares about some real legitimate issues that have to be talked about."
Here's a look at Obama making these remarks:
President Obama on Colin Kaepernick
Kaepernick has added that he will continue to make his voice heard until there is "significant change" in the world and he's also pledged to donate $1 million to charities that help communities in need.
Before you criticize Kaepernick, perhaps you should ask yourself:
What are you actively doing to bring about social justice?
No, standing up for the national anthem does not count.
So that brings us to Megan Rapinoe.
A midfielder for the Seattle Reign FC in the National Women's Soccer League, she took a knee while The Star-Spangled Banner played prior to kickoff against the Chicago Red Stars on Sunday night.
Yes, she later told reporters, his was an intentional move.
Rapinoe explained that she took stand because she's disgusted with the way Kaepernick has been treated by critics.
Some folks really seem to think that the symbolic gesture of standing up during the national anthem is somehow more important or effective that the proactive stance against injustice that Kaepernick is trying to take.
Rapinoe added that she can relate to Kaepernick on an oppressed level, too.
"Being a gay American, I know what it means to look at the flag and not have it protect all of your liberties," she said.
"It was something small that I could do and something that I plan to keep doing in the future and hopefully spark some meaningful conversation around it.
"It's important to have white people stand in support of people of color on this."
23 Scandalous Sports Stories
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What do you think of Rapinoe's act?
What do you think of John Legend calling The Star-Spangled Banner weak?
What do you think of veterans standing with Kaepernick across the nation? Does it change your viewpoint at all?
Tags: Sports, Celebrity Scandals, News, Colin Kaepernick
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Get The Posters Out Of Our Schools: 9-Year-Old Girl Blasts School Board For BLM Posters
Erik McGregor/LightRocket via Getty Images
A video of a nine-year-old Minnesota girl confronting her school board about the installation of Black Lives Matter posters in her school has gone viral, showing her blasting them for banning political messages in schools yet permitting the BLM posters to be posted. "You have lied to me," she charged. "Get the posters out of our schools. Courage is contagious so be courageous."
The girl, who said her name was Novalee, spoke at the Lakeville Area School Board meeting on June 8. Lakeville is a suburb of the city of Minneapolis, where George Floyd died in 2020 and where the BLM protests around the nation originated.
Novalee stated, "The other day I was walking down the hallway at Lakeview Elementary School to give a teacher a retiring gift. I looked up onto the wall and saw a BLM poster and an Amanda Gorman poster. In case you don't know who that chick is, she's some girl who did a poem at Biden's so-called inauguration. I was so mad. I was told two weeks ago at this very meeting spot: no politics in school. I believed what you said at this meeting."
"So at lunch I went up to my principal to tell him about the BLM poster and that I wanted it down," she continued. "He said, 'It's not coming down. I was like, 'Yeah, it is, because the school board said on May 25 no BLM or politics in school.' He said, 'That's weird; they were the ones who made them.'"
"I was stunned. When I was here two weeks ago you told us to report any BLM in our schools," Novalee claimed. "Apparently you know they are in our schools because you made the signs. I said there should be no BLM in schools, period. Doesn't matter what color you make the posters and the fonts you use; we all understand the meaning: it is a political message about getting rid of police officers, rioting, burning buildings down while King Governor (Tim) Waltz just sits on his throne and watches."
"We all know: Changing the colors or the fonts of posters does not change the meaning. I am nine years old and I know that. You expect me to believe that you did not know what you were doing by making these posters? Come on, people," she challenged.
Novalee then segued to her own beliefs: "I do not judge people by the color of their skin. I don't really care what color their hair, skin, or eyes is. I judge by the way they treat me. MLK said I have a dream that one day my four little children will not be judged by the color of their skin but by the content of their character. That dream has come true. I do not care or look at the color of skin but you make me think of it."
"I have Asian, Mexican, white, Chinese, black friends and I don't care. I like them because some of them make me laugh; some of them are sweet and kind, sporty, or share the love of God. They are just my friends,'" she asserted.
She charged, "You have lied to me and I am very disappointed in all of you. You cannot even follow your own rules. If you were gonna do that, why do we follow any rules we deemed unfair or ridiculous? I'm not following your mask rule anymore then."
She concluded, "Get the posters out of our schools. Courage is contagious so be courageous."
Author : Hank Berrien
Source : Daily Wire : Viral Video: 'Get The Posters Out Of Our Schools': 9-Year-Old Girl Blasts School Board For BLM Posters
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Justia › US Law › Case Law › Federal Courts › Courts of Appeals › Third Circuit › 1996 › Silas Taylor, Jr., Appellant, v. Henry Cisneros, in His Capacity As Secretary of the Unitedstates De...
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Silas Taylor, Jr., Appellant, v. Henry Cisneros, in His Capacity As Secretary of the Unitedstates Department of Housing and Urbandevelopment; Board of Commissioners Ofthe Housing Authority of Bayonnestate of New Jersey, Intervenor, 102 F.3d 1334 (3d Cir. 1996)
US Court of Appeals for the Third Circuit - 102 F.3d 1334 (3d Cir. 1996)
Argued Oct. 7, 1996. Decided Dec. 6, 1996
John N. Ukegbu, Gregory G. Diebold (argued), Hudson County Legal Services Corporation, Jersey City, NJ, for Appellant.
Jeanette M. Samra (argued), Fitzpatrick & Waterman, Secaucus, NJ, for Board of Commissioners of the Housing Authority of Bayonne.
Peter Verniero, Attorney General, Cheryl R. Clarke (argued), Deputy Attorney General, Joseph L. Yannotti, Assistant Attorney General, Trenton, NJ, for State of New Jersey.
Before: MANSMANN, GREENBERG, and GARTH, Circuit Judges.
OPINION OF THE COURT
GREENBERG, Circuit Judge.
Silas Taylor, Jr., appeals from a final judgment entered on November 29, 1995. In his complaint he sought a judgment declaring that the actions of the appellee, Housing Authority of Bayonne, New Jersey, in terminating his tenancy and seeking his eviction in a proceeding in the New Jersey Superior Court, predicated on his convictions on pleas of guilty in a New Jersey municipal court to possession of drug paraphernalia on the authority's premises, violated certain of his constitutional rights. While Taylor originally also sought relief against the secretary of the United States Department of Housing and Urban Development, the issues relating to the secretary are not involved on this appeal and the secretary is no longer a party to the case. The State of New Jersey has intervened pursuant to 28 U.S.C. § 2403(b) supporting the position of the Housing Authority. This appeal raises the question of whether the Housing Authority is barred from seeking Taylor's eviction by reason of his punishment for the possession of the drug paraphernalia in the municipal court by the Double Jeopardy Clause of the Fifth Amendment or the Excessive Fines Clause of the Eighth Amendment.
The district court set forth the background of the case in its opinion reported as Taylor v. Cisneros, 913 F. Supp. 314 (D.N.J. 1995). Since 1988 Taylor has resided in an apartment in low-income housing in Bayonne, New Jersey, owned and operated by the Housing Authority. The Department of Housing and Urban Development subsidizes his rent so that he pays only $125 per month for an apartment with a fair monthly rental value of $706. Taylor is both hearing and speech impaired and his sole income is a monthly social security disability payment of $497. Consequently, he cannot afford to pay market rent and if evicted from the Bayonne apartment will have no place to live and will end up on the streets homeless.
On October 20, 1992, Taylor pleaded guilty to possession of narcotics paraphernalia in the Bayonne Municipal Court, a violation of the Comprehensive Drug Reform Act of 1987, N.J.Stat.Ann. §§ 2C:35-1 et seq. (West 1995). Taylor committed this offense on the property of the Housing Authority in which he resides, though not in his particular apartment. On February 3, 1994, Taylor again pleaded guilty to the commission of the same offense, though he committed this second offense on a different day and on property next to that of the Housing Authority rather than on its property. The Housing Authority and the State do not contend either that Taylor possessed drugs on the Housing Authority's property or that he distributed drugs. The municipal court sentenced Taylor to 30 days imprisonment and fined him $625 on the second conviction. While the parties do not specify the exact sentence imposed on the first conviction, they agree that it was similar to that imposed on the second conviction.
New Jersey is quite protective of tenants in residential units and has adopted an Anti-Eviction Act, applicable to both public and private housing, delineating the circumstances in which a tenant can be removed from a rental unit. N.J.Stat.Ann. § 2A:18-61.1 (West Supp.1996). One such circumstance is where the tenant has been convicted of or pleaded guilty to an offense under the Comprehensive Drug Reform Act of 1987, N.J.Stat.Ann. § 2C:35-1 et seq., involving possession of drug paraphernalia "within or upon the leased premises or the building or complex of buildings and land appurtenant thereto ... in which those premises are located." N.J.Stat.Ann. § 2A:18-61.1n (subsection "61.1n"). The parties agree that Taylor pleaded guilty to an offense within the foregoing category. Thus, without question, the Housing Authority may evict Taylor under the Anti-Eviction Act if the New Jersey courts apply the act as it is written.
Pursuant to the Anti-Eviction Act, on November 29, 1994, the Housing Authority served notice on Taylor that it was requiring his removal from its premises.1 Taylor responded by filing this action in the district court under 42 U.S.C. § 1983, charging that his eviction would violate his rights under the Double Jeopardy Clause because he previously had been sentenced in the municipal court for possession of the drug paraphernalia and that his eviction would violate the Excessive Fines Clause of the Eighth Amendment. While he also claimed that his eviction would violate the Due Process Clause of the Fourteenth Amendment, he does not raise that contention on this appeal. The Housing Authority then instituted a summary dispossession proceeding in the Superior Court of New Jersey, Hudson County, Law Division, Special Civil Part, against Taylor seeking his eviction. The state court, however, on Taylor's motion, has stayed those proceedings pending the disposition of this case in the federal courts. As we have indicated, the State of New Jersey has intervened on behalf of the Housing Authority.
Inasmuch as the facts germane to this case are not in dispute, the district court decided the case on cross-motions for summary judgment.2 Initially the court pointed out that the parties disagreed as to whether it should consider the constitutional questions as a facial challenge, or on an "as applied" basis, i.e., consider "the specific circumstances of Taylor's convictions and economic misfortune." Taylor, 913 F. Supp. at 318. The court concluded that inasmuch as the New Jersey state courts had not applied the facts to the circumstances of this case "it [was] inappropriate, from a prudential and jurisdictional perspective, to consider this an 'as applied' challenge." Id. Thus, the court treated the case as a facial challenge to the Anti-Eviction Act. Id.
The court then stated that " [s]tate action violates neither the Double Jeopardy Clause nor the Excessive Fines Clause unless it constitutes punishment." Id. at 319. Thus, the court considered whether proceedings under subsection 61.1n are intended to punish the tenant. The court said that the label put on a proceeding does not determine if it is civil or criminal, i.e., remedial or punitive, and that the court must "undertake 'a particularized assessment of the penalty imposed and the purposes that the penalty may fairly be said to serve.' " Id. (quoting United States v. Halper, 490 U.S. 435, 448, 109 S. Ct. 1892, 1901, 104 L. Ed. 2d 487 (1989)). The court then cited Austin v. United States, 509 U.S. 602, 113 S. Ct. 2801, 125 L. Ed. 2d 488 (1993), for the proposition "that for a measure to qualify as punishment, it need not serve solely retributive or deterrent purposes; rather, unless a sanction is solely remedial, it is punishment." Taylor, 913 F. Supp. at 320.
The court indicated that Taylor advanced the aspect of the Double Jeopardy Clause involving the protection "against multiple punishments for the same offense." Id. at 321. The court said that proceedings under subsection 61.1n were not intended to be punitive. In this regard, it pointed out that the eviction of "an insidious tenant is a rational and effective means of protecting all other tenants from activity antithetical to their health, safety and welfare." Id. The court also noted that because the legislature placed subsection 61.1n in remedial legislation, the Anti-Eviction Act, and because the act applies to both public and private landlords, subsection 61.1n is remedial. Id. at 321-22. The court held that proceedings under subsection 61.1n would not be punitive merely because of their impact on Taylor.
The court also held that the Excessive Fines Clause could not apply because the proceedings under subsection 61.1n were not punitive. The court then rejected the Due Process Clause argument on the same basis.
As a result of its conclusions, the district court entered the judgment in favor of the appellees from which Taylor appeals. We exercise plenary review on this appeal.
a. The parties' contentions
Taylor argues that the district court erred in treating the action as a facial attack on subsection 61.1n. He points out that the Anti-Eviction Act upon its adoption in 1974 " 'dramatically changed the rights of landlords and owners by prohibiting the ejectment of residential tenants or lessees simply because their tenancies or leases had expired.' " Br. at 8 (quoting Chase Manhattan Bank v. Josephson, 135 N.J. 209, 638 A.2d 1301, 1306 (1994)). He indicates that in 1990 the legislature added subsection 61.1n to the Anti-Eviction Act and he then forthrightly acknowledges that "based on [his] February, 1994, municipal court conviction for possession of drug paraphernalia, and under [subsection 61.1n, he] is subject to eviction from his apartment." Br. at 8.
Taylor next explains that he does not challenge the constitutionality of subsection 61.1n in general, but rather argues that his eviction would violate the Double Jeopardy and Excessive Fines Clauses. Distinguishing between facial and as applied challenges, he contends that this case involves an as applied challenge because there is a difference between situations in which a party claims that a statute in all its applications is unconstitutional and cases in which a party acknowledges that a statute might be applied constitutionally in some circumstances but is unconstitutional as applied to that party. He cites United States v. Salerno, 481 U.S. 739, 745, 107 S. Ct. 2095, 2100, 95 L. Ed. 2d 697 (1987); Village of Hoffman Estates v. Flipside, Hoffman Estates, 455 U.S. 489, 497, 102 S. Ct. 1186, 1193, 71 L. Ed. 2d 362 (1982); and Jacobs v. The Florida Bar, 50 F.3d 901, 905-06 (11th Cir. 1995), to illustrate the distinction between facial and as applied challenges.
Taylor "readily concedes that he could not succeed in a facial challenge to the statute." Br. at 11. He then explains that:
there are undoubtedly many situations where a tenant could legitimately be evicted for drug related activities without offending the Constitution--using the apartment to deal drugs, for example. But more importantly, the very nature of the plaintiff's challenge implicates consideration of individual circumstances. A fine cannot be 'excessive' or an eviction 'punitive' absent an analysis of the unique circumstances in which the individual reposes. Thus, the Constitutional violations complained of are simply not susceptible to facial attack.
Id. at 11. Taylor then continues that while "it may be inappropriate to consider an 'as-applied' challenge to a statute where there is ambiguity in the statute itself or where it is unclear that the statute applies to plaintiff's conduct, such is not the case here." Id. at 12. Rather, Taylor acknowledges that subsection 61.1n as written provides for his eviction.
Taylor argues that application of subsection 61.1n to him would constitute punishment because, notwithstanding the remedial character of an eviction, an eviction also has a "retributive function." Br. at 18. He claims that an eviction constitutes a forfeiture, citing, inter alia, A.P. Dev. Corp. v. Band, 113 N.J. 485, 550 A.2d 1220, 1228 (1988), and Carteret Properties v. Variety Donuts, Inc., 49 N.J. 116, 228 A.2d 674, 680 (1967). His eviction, he says, should be regarded as an excessive fine because his offenses, which he does not seek "to minimize," nevertheless were "minor in nature." Br. at 23. Furthermore, he points out that he did not commit an offense in his apartment. He also notes that he is receiving a rental subsidy of $581 per month or $6,972 per year, based on the difference between the fair market rental value of his apartment, $706 per month, and his rent of $125. He argues that he could remain in the apartment for ten years or 20 years so that his eviction could cause him a loss of more than $100,000 in subsidies.
He then argues that his eviction would violate the Double Jeopardy Clause because he was punished in the Bayonne Municipal Court for his drug paraphernalia offenses. He emphasizes that the municipal court prosecutions were in the name of the State of New Jersey and that the Housing Authority should be regarded as a state agency. He contends that his eviction would not serve a remedial purpose, and even if it did, it should be regarded as a punishment for double jeopardy purposes because it is a remedy disproportionate to his conduct.
The State of New Jersey in its original brief argues that the district court properly considered Taylor's challenge to subsection 61.1n on a facial basis because, notwithstanding his contention that he was seeking relief only for himself, "the decision in this matter would affect all tenants who are subject to" subsection 61.1n. Br. at 9. On the merits, the State contends that the Anti-Eviction Act is intended to protect tenants and that subsection 61.1n furthers this remedial purpose "by eliminating drug activity from the buildings in which they reside and areas surrounding those buildings." Id. at 13. Thus, subsection 61.1n was intended to protect tenants from people exactly like Taylor. Id.
The State in its original brief cites our opinion in Artway v. Attorney General, 81 F.3d 1235 (3d Cir. 1996), as the then most recent authoritative precedent defining what constitutes punishment for double jeopardy, ex post facto, and due process purposes. It points out that under Artway a measure must pass three tests so as not to constitute punishment: its actual or subjective purpose must not be to punish; its objective purpose must not be punitive; and its effects must not amount to punishment. It argues that subsection 61.1n passes all three tests, and thus a proceeding under it does not constitute punishment. Consequently, in the State's view, subsection 61.1n does not violate the Double Jeopardy Clause and, by a similar analysis, cannot violate the Excessive Fines Clause.
The State modified its position after the Supreme Court decided United States v. Ursery, --- U.S. ----, 116 S. Ct. 2135, 135 L. Ed. 2d 549 (1996), which we discuss below, after the State filed its brief. In a letter pursuant to Fed. R. App. P. 28(j), the State argues that Ursery has undermined Artway and thus Artway should not be applied in this case. The State argues that we should affirm because, under Ursery, Taylor is not being punished by the eviction proceedings for either double jeopardy or excessive fines purposes. The Housing Authority joins in the position of the State.
b. Our disposition
As we have explained, the parties dispute whether the district court properly considered the case on a facial as opposed to an as applied basis. While Taylor advances the as applied argument primarily in connection with his excessive fines claim, he also raises it with respect to his double jeopardy argument. We, however, will not linger on the distinction between a facial and an as applied challenge because we find that subsection 61.1n is constitutional as applied to Taylor.
In three recent cases the Supreme Court and this court have had occasion to consider double jeopardy and excessive fines issues. First, in Artway we considered a challenge to the registration provisions of New Jersey's Megan's Law which require that certain sex offenders register with law enforcement authorities upon completion of their sentences. Artway involved double jeopardy, ex post facto, and bill of attainder challenges to the law but did not implicate the Excessive Fines Clause. We found in Artway that the "threshold question under each clause [was] whether the registration provisions of Megan's Law impose 'punishment.' If registration does not impose punishment, our inquiry with respect to the registration issue is at an end." Artway, 81 F.3d at 1253. After a comprehensive analysis of numerous precedents, in Artway "we develop [ed] a multi-part test that looks to the legislature's subjective purpose in enacting the challenged measure, its 'objective' purpose in terms of proportionality and history, and the measure's effects." Artway, 81 F.3d at 1254.
Under the first Artway test, a law will provide for punishment if the legislature's subjective intention is that it punish. Id. at 1263. The second Artway test is an objective purpose analysis which asks whether, regardless of the legislature's intent in enacting the law, the law has an objective purpose to punish. Id. The objective purpose analysis has three parts: first, can the law be explained solely by a remedial purpose; if not it is punishment. Second, if the law's objective purpose is remedial does an historical analysis show that the measure traditionally has been regarded as punishment; if so then the measure will be punishment unless its text or legislative history demonstrates that the measure is not punishment. The third component of the objective purpose analysis considers both the measure's "deterrent and salutary purposes." Id. at 1263.
In Artway we also held that even if a measure passes the subjective and objective purpose tests, if the effects of the measure are sufficiently severe, then regardless of how they are justified, the measure must be considered punishment. Id. at 1263. The effects test, however, is difficult to apply because the cases do not establish a clearly defined line distinguishing between measures that are or are not punishment. Id. at 1266. Thus, in Artway we pointed out that while imprisonment and revocation of citizenship constitute punishment, loss of a profession, a right to work, or the termination of social security benefits do not. Id. at 1266. Yet we do not doubt that the person against whom the remedy in the latter three situations is applied feels that he or she has been punished.
Within a few weeks of our opinion in Artway we decided United States v. Various Computers, 82 F.3d 582 (3d Cir.), cert. denied, --- U.S. ----, 117 S. Ct. 406, 136 L. Ed. 2d 320 (1996). In Various Computers the claimant in a civil forfeiture proceeding had pleaded guilty to a charge of unauthorized use of and possession of credit cards. The government then instituted a civil in rem forfeiture against the property the claimant had acquired by the crime even though the court had ordered the claimant to make restitution to the store where he acquired the property. We rejected the claimant's double jeopardy and excessive fine arguments because we held that the forfeiture of the property was not punishment even though in a sense the claimant already was paying for the property through making restitution. Id. at 589. Because the property was the fruit of the crime, the claimant "had no legal rights of ownership" over the property. Id. at 589.
Finally, in United States v. Ursery, --- U.S. ----, 116 S. Ct. 2135, 135 L. Ed. 2d 549 (1996), the Supreme Court held that the civil forfeitures involved in that case, and civil forfeitures generally, "do not constitute 'punishment' for purposes of the Double Jeopardy Claim." Id. at ----, 116 S. Ct. at 2138. Ursery is particularly significant because it drew a sharp distinction between civil penalties and civil forfeitures. The Court discussed United States v. Halper, 490 U.S. 435, 109 S. Ct. 1892, 104 L. Ed. 2d 487, a case on which Taylor relies. In Halper the Court found that a treble damages action under the False Claims Act against a person already criminally convicted for the conduct was punitive and therefore was barred by the Double Jeopardy Clause. The Court distinguished Halper from the situations before it in Ursery as Ursery involved civil forfeitures rather than civil penalties. Ursery, --- U.S. at ----, 116 S. Ct. at 2144. The Court explained that it "is difficult to see how the rule of Halper could be applied to a civil forfeiture." Id. at ----, 116 S. Ct. at 2145. In a passage, significant for our purposes in view of Taylor's emphasis of the value of the subsidized lease that he would lose in an eviction, the Court in Ursery said that, unlike in civil penalty cases, "for Double Jeopardy purposes we have never balanced the value of property forfeited in a particular case against the harm suffered by the Government in that case." Ursery, --- U.S. at ----, 116 S. Ct. at 2145.
Artway, Various Computers, and Ursery as well as Austin v. United States, 509 U.S. 602, 113 S. Ct. 2801, 125 L. Ed. 2d 488, inform our result. We analyze the case for double jeopardy purposes both under Artway and Ursery, making the Artway analysis first. We then resolve the excessive fine issue by following Austin and Various Computers. In Artway we "attempted to harmonize a body of doctrine that has caused much disagreement in the federal and state courts. We realize [d], however, that our synthesis is by no means perfect. Only the Supreme Court knows where all the pieces belong." Artway, 81 F.3d at 1263. This continues to be true and we do not attempt here to refine the synthesis in Artway. Instead, we determine whether the application of subsection 61.1n in this case violates the Double Jeopardy and Excessive Fines Clauses and we say with some degree of confidence that it does not.
Our analysis requires us to review the Anti-Eviction Act. The Act provides that for certain residential properties a tenant may be removed only for "good cause." N.J.Stat.Ann. § 2A:18-61.1 (West Supp.1996). Good cause may be related to conduct of the tenant, e.g., the failure to pay rent, id. § 2A:18-61.1a, or it may have nothing to do with the conduct of the tenant, e.g., the owner seeks to retire the building from residential use, id. § 2A:18-61.1h. Subsection 61.1n relates to a tenant's activities, but it is nothing more than the legislature's recognition that it is unreasonable to deny a landlord the right to terminate a lease when its property is being used for purposes unlawful under the New Jersey Comprehensive Drug Reform Act of 1987. Yet subsection 61.1n does not require that the landlord bring an action to remove a tenant who violates the drug law. Thus, subsection 61.1n leaves the decision on whether to remove a tenant to the judgment of the landlord which, after all, does have an interest in keeping its property free from criminal activity.
We do not doubt that if New Jersey did not have an Anti-Eviction Act so that landlord-tenant relationships were regulated solely by agreement, a landlord and tenant could agree in their lease for the removal of a tenant who violated the drug laws on the landlord's premises. See Chase Manhattan Bank v. Josephson, 638 A.2d at 1306 ("At common law, the terms of the tenancy controlled the right of the owner or landlord to eject the tenant, whether that tenancy was a term of years or a periodic tenancy."); 25 Fairmount Ave., Inc. v. Stockton, 130 N.J.Super. 276, 326 A.2d 106, 110 (Law Div.1974) (before Anti-Eviction Act, common law governed the substantive terms of leases). Furthermore, we do not doubt that the landlord could use a tenant's conviction for violating the drug laws on its premises in an eviction proceeding as evidence to establish the tenant's violation of the lease. State of New Jersey v. Gonzalez, 667 A.2d 684, 667 A.2d 684, 690 (1995). In the circumstances, it would be far-fetched to hold that the legislature intended to punish a tenant violating the drug laws by the enactment of subsection 61.1n. To the contrary, inasmuch as the legislature authorized, but did not require, the landlord to bring removal proceedings under subsection 61.1n when the tenant was convicted of or pleaded guilty to an offense under the drug laws it did not intend to punish tenants by authorizing such proceedings. Rather, it merely permitted the landlord to protect its property from a tenant violating the law on the property.
In this regard we reiterate that the Anti-Eviction Act allows removal for causes wholly unrelated to the tenant's conduct. Thus, a tenant may be removed because of the landlord's need to comply with applicable laws, to retire the property from residential use, to make reasonable changes in a lease at the lease's termination, to make certain types of conversions of the property, and for other reasons as well. N.J.Stat.Ann. §§ 2A:18-61.1g, h, i, k. The legislature did not intend to punish the tenants when it authorized such removals and it did not intend to punish them by authorizing their removal under the conditions set forth in subsection 61.1n either. Consequently, subsection 61.1n passes the subjective Artway test.
Subsection 61.1n plainly passes Artway's objective test. The subsection can be explained solely by the remedial purpose of allowing the landlord to remove a tenant who is using the landlord's premises for an unlawful purpose. No landlord should have to suffer the use of its property for unlawful purposes. Indeed, under both federal and New Jersey law a landlord in some circumstances runs the risk of its property being forfeited if it is aware of unlawful drug activity on its premises and does not take steps to end that activity. See 21 U.S.C. § 881(a) (7); N.J.Stat.Ann. §§ 2C:64-1, 5(b) (West 1995).3 Furthermore, it is in the interest of the other tenants that drug activities not be conducted on the premises. Of course, removal of a tenant from a property traditionally has not been regarded as a punishment. Thus, tenants have been removed for all sorts of reasons, e.g., someone else will pay more money for the lease, and, as we have indicated, tenants can be removed under the Anti-Eviction Act in circumstances that could not possibly be regarded as punitive. Finally, subsection 61.1n passes the objective purpose analysis considering the measure's "deterrent and salutary" purposes.
As we set forth above, Artway indicated that severe effects can lead to a measure being regarded as a punishment. Taylor argues that the effects on him from being removed will be extremely severe and we believe that he argues that we should consider the case on an as applied basis for exactly that reason. As we also have indicated, we have taken into account his circumstances in deciding this matter. Nevertheless, we find that they are not determinative. We reiterate that the Supreme Court in Ursery stated that "for Double Jeopardy purposes we have never balanced the value of property forfeited in a particular case against the harm suffered by the Government in that case." Ursery, --- U.S. at ----, 116 S. Ct. at 2145. Thus, we conclude that for double jeopardy purposes the loss of a lease should be regarded as a permissible effect. This result is hardly surprising; if the termination of social security benefits, which can be critical to a disabled or elderly person, is not a punishment then why should the loss of a lease be a punishment? See Flemming v. Nestor, 363 U.S. 603, 80 S. Ct. 1367, 4 L. Ed. 2d 1435 (1960).
Up until this point in our opinion we have assumed the applicability of Artway. That assumption, however, may not be correct. Artway dealt with a registration law. But, following Artway, we decided Various Computers and held that the civil forfeiture there was not punishment and thus was not precluded by the Double Jeopardy Clause notwithstanding the claimant's earlier prosecution for the offense which led to him acquiring possession of the property to be forfeited. Then, in Ursery, the Supreme Court held that civil forfeitures generally do not constitute punishment for purposes of the Double Jeopardy Clause. Ursery, --- U.S. at ----, 116 S. Ct. at 2138. In Taylor's brief, which he filed before the Court filed its opinion in Ursery, he goes to great lengths to argue that a judgment of eviction against him would result in a forfeiture. Furthermore, he points out that the Supreme Court of New Jersey has said that a "forfeiture is in the nature of a penalty." Lehigh Valley R.R. Co. v. Chapman, 35 N.J. 177, 171 A.2d 653, 660 (1961).
Yet, the Supreme Court of New Jersey's characterization of a forfeiture as a penalty is not controlling in a Fifth Amendment double jeopardy analysis. For that analysis we look to the opinions of the Supreme Court of the United States which court in Ursery indicated that a civil forfeiture is not punishment. Thus, Taylor's characterization of the loss of his lease as a forfeiture is counterproductive. Of course, if Ursery controls this case, then since civil forfeitures categorically are excluded from being punishment, our Artway analysis is overinclusive.
Instead, under Ursery we need ask merely whether the legislature intended eviction proceedings under subsection 61.1n to be criminal or civil and whether the proceedings are so punitive in fact that they may not be viewed as civil regardless of the legislature's intent. See Ursery, --- U.S. at ----, 116 S. Ct. at 2147. Clearly, an eviction is a civil proceeding, and, for the reasons we already have set forth and particularly for the historical reason that evictions are not punitive as they frequently are not dependent on a demonstration that the tenant was culpable, we conclude that an eviction should be viewed as civil in nature. Nevertheless, we do not decide whether the forfeiture involved here is governed by Ursery for double jeopardy purposes because, as we have explained, even under Artway Taylor's double jeopardy argument fails. We recognize, however, that arguably Ursery is distinguishable from this case as it involved in rem forfeiture proceedings whereas the state eviction proceeding against Taylor is in personam.
We also note an inconsistency in Taylor's position which undermines his double jeopardy argument. Taylor concedes that subsection 61.1n legitimately could be applied against a tenant using an apartment to deal drugs. Yet one may wonder why it would follow that a drug dealer who had been prosecuted criminally and punished could be evicted under subsection 61.1n without the eviction constituting punishment under Taylor's analysis. In other words, an eviction under subsection 61.1n either is or is not a punishment and the fact that the tenants being evicted are not equally culpable should not matter in a double jeopardy analysis.
Taylor argues that part of his punishment will be the loss of his rent subsidy. It is not clear, however, whether the loss will result from the eviction or from his inability to obtain a subsidy for a different premises. If his loss of the subsidy stems from an action of the federal government, i.e., the Department of Housing and Urban Development, by reason of the dual sovereignty rule the loss may not be germane here to our double jeopardy analysis. See United States v. Pungitore, 910 F.2d 1084, 1105-07 (3d Cir. 1990), cert. denied, 500 U.S. 915, 111 S. Ct. 2009, 114 L. Ed. 2d 98 (1991). However, we do not rest our opinion on this point and for purposes of this appeal we treat his loss of subsidy as part of his claim that the eviction proceedings in the state court are punishing him.
In closing our discussion of the Double Jeopardy Clause, we think it useful to state an overview of the case which we think demonstrates how inappropriate it would be to uphold Taylor's double jeopardy argument. First, the eviction proceeding is completely independent of the criminal justice system, as the Housing Authority, not a prosecutor, is bringing the state proceedings. Second, the Housing Authority is pursuing a traditional civil remedy which both public and private landlords seek. Indeed, Taylor concedes that he could not have brought this action if his landlord had been a private party as the Double Jeopardy and Excessive Fines Clauses would not apply to such an entity. Br. at 19. Third, proceedings under subsection 61.1n, unlike the registration procedure in Artway, are not mandatory as the subsection does not require that a landlord seek to evict a tenant who is convicted of a drug violation. Fourth, the landlord could require in its lease that the tenant not violate the drug laws on its premises and if the tenant violated the agreement the landlord could seek his eviction. N.J.Stat.Ann. § 2A:18-61.1d and e.
Finally, one reasonably might ask why should a tenant benefit from conviction by using it as a shield against a landlord's attempt to protect its property and the other tenants? It would be strange, indeed, if the landlord could not seek to evict a tenant for drug activities because a prosecutor had brought criminal proceedings against the tenant for the activities. Rather, one would suppose that the landlord could use the conviction as evidence to demonstrate that the tenant had violated the lease. Indeed, as we pointed out above, a landlord who does not seek such eviction might run the risk of forfeiting his property to the state or federal government.
Finally, we reject Taylor's excessive fine argument. As the Supreme Court explained in Austin, a forfeiture can violate the Excessive Fines Clause only if the forfeiture was a punishment. 509 U.S. at 610, 113 S. Ct. at 2806. The test for whether a civil in rem forfeiture constitutes punishment under the Excessive Fines Clause of the Eighth Amendment is slightly different from the one employed in our double jeopardy clause analysis; thus, even though the state proceeding against Taylor is in personam, Taylor has less of a burden in meeting the Excessive Fines Clause standard.
In Austin, the Supreme Court held that a forfeiture would constitute punishment if it did not solely serve a remedial purpose, i.e., that it only can be explained as also serving in part to punish. Id. at 610, 113 S. Ct. at 2806. With this in mind, the Court undertook a two-part inquiry: "Whether, at the time the Eighth Amendment was ratified, forfeiture was understood at least in part as punishment and whether forfeiture ... should be so understood today." Id. at 610-11, 113 S. Ct. at 2806. The Supreme Court held that for purposes of the Excessive Fines Clause, a "forfeiture generally and statutory in rem forfeiture in particular historically have been understood, at least in part, as punishment." Id. at 618, 113 S. Ct. at 2810. The second prong of the Artway test incorporates the excessive fines clause inquiry under Austin.
Despite his lesser burden, Taylor has not proved that the forfeiture here constitutes punishment under the Excessive Fines Clause. As we explained in our double jeopardy analysis under Artway, we find that the provisions of the Anti-Eviction Act and the legislative intent contradict any understanding of Taylor's forfeiture of his tenancy as punishment. Accordingly, we cannot say that the forfeiture here served in part to punish. See also Various Computers, 82 F.3d at 589.
For the foregoing reasons we will affirm the judgment of the district court entered on November 29, 1995.
The Housing Authority indicated that it was serving the notice on the basis of both convictions and the parties do not seem to distinguish between them. We question whether the second conviction is germane to this case as Taylor did not commit the offense leading to that conviction on the Housing Authority's property. We need not be concerned, however, with that point as Taylor acknowledges that he committed the first offense on the authority's premises
The parties did not suggest in either the district court or this court that the federal courts should abstain under the principles of Railroad Comm'n v. Pullman Co., 312 U.S. 496, 61 S. Ct. 643, 85 L. Ed. 971 (1941), or Younger v. Harris, 401 U.S. 37, 91 S. Ct. 746, 27 L. Ed. 2d 669 (1971). We, however, considered that possibility but concluded that we should adjudicate the case on the merits
We do not suggest that the Housing Authority would have run the risk of a forfeiture if it had not sought to evict Taylor. Rather, we cite the forfeiture laws merely to show the remedial purpose of an eviction proceeding


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Beck is back! Word on the street is that Beck is currently prepping two albums of new material; one reminiscent of 1994's One Foot in the Grave and another as the more proper follow-up to 2008's Modern Guilt, which "Defriended" would've fit nicely on. This atmospheric number also bears some resemblance to the jams (here and here) he produced for Childish Gambino's Royalty mixtape.


Get over yourselves. Nobody murdered your mothers. Obviously, it is in very poor taste to park in someone else's space, but your guest obviously doesn't live in your development and was probably unaware of the rules. It might have been dark, or raining, and the signs not clearly visible. Stuff happens. For your neighbor to have to walk two blocks out of the way to park is not the worst thing that can happen to a person.
And as far as your duties as a host are concerned, make sure that all future invitations clearly state what the parking rules are and include them in the invites. Also, as each guest arrives, ask them where they parked. Another hint: Invite the neighbors to the party—their cars will then remain in their own spaces and a good time will be had by all.


May is Africa Month, to mark the annual commemoration, on 25 May, of the founding of the Organisation of African Unity – the precursor of today's African Union – in 1963.
South Africa is an integral part of the African continent. Our national interest is intrinsically linked to continental stability, unity and prosperity – the development, upliftment and celebration of all African people.
In 2016, the continent's future is under the spotlight at the World Economic Forum on Africa, a gathering of global leaders hosted in Kigali, the capital city of Rwanda, from 11 to 13 May.


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redpajama_set_name: RedPajamaGithub


The 53rd Regiment would like to wish our subscribers, contributors and believers a very Merry Christmas and an abundant New Year in 2018 blessed with good health, prosperity and more winning. Indeed, it is good to see America winning again and our citizenry being rewarded with employment options, tax relief and enhanced security at home and abroad. We want to especially thank our troops on the frontline this Christmas season and their families missing their loved one's. Your sacrifice is not lost on the 53rd as you remain in our thoughts and prayers. May the Lord continue to bless each of you, your families and the United States of America!


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Harvard EdCast: Colleges as Courageous Spaces
Leading equity and inclusion efforts on college campuses is vital work, but also challenging and stressful. Why the effort is worth it — and why diversity is never really a one-person job.
By Jill Anderson
Richard Reddick leads a session at the Institute for Educational Management at HGSE
Photo: Molly Akin
Most college and university leaders recognize the importance of the diversity, equity, and inclusion (DEI) work being done on their campuses, but that doesn't always mean the work is happening for the right reasons or leading to the right results. In this episode of the Harvard EdCast, Richard Reddick discusses the expansion of DEI initiatives in higher education, the rise of diversity work as a profession, and how the work should foster more courageous spaces on college campuses. Reddick, Ed.M.'98, Ed.D.'08, is a longtime leader in the field who was named the first-ever associate dean for equity, community, engagement, and outreach at the University of Texas at Austin in May 2019. He is also faculty co-chair of the Institute for Educational Management, a Professional Education program at HGSE.
Jill Anderson: I'm Jill Anderson. This is the Harvard Edcast. Diversity, equity and inclusion is a growing focus for many colleges and universities, but the intent behind this work and how its done varies tremendously. Richard Reddick has been doing this work for a long time. Now as the inaugural associate dean for equity, community engagement, and outreach at The University of Texas in Austin, he's leading equity and inclusion efforts on a broader scale. We talked about what diversity work is and isn't, and really why it's some of the most vital work being done on college campuses today.
Richard Reddick: When you think about anything concerning diversity, equity, and inclusion, those are typically systemic things. So mentoring students is something everybody should be doing. Creating an inclusive environment, we all should be doing. But then there's this idea that, well, that's the chief diversity officer's job, so they should be doing that kind of work. So then they're overwhelmed with responsibilities. The other thing is, and no offense to my friends who teach physics, it's not physics. It's interpersonal. It's a lot of reflective experiences. I actually wrote a piece with some colleagues about self care for diversity educators because a lot of this is taxing work on the psyche. My friends who do this work, who identify as queer, when they are talking about homophobia or other sort of prejudices towards queer people, they're talking about things that happen to them.
A lot of us have this part of training in our jobs. Right? We do trainings of some kind. And you're working with people who have all levels of immersion, experience, interest, concern. And they can say things in those spaces that are quite harmful and hurtful. And you have to kind of say, "Okay. Thank you for that contribution." And if you sort of lose it, then you've lost credibility as an educator. And in fact, that article came out because of the team I worked with at Texas. We were bringing on another team member to work with our diversity education team. And we asked our new colleague. How do you manage your self care? We didn't ask about your knowledge in it. We're like, "How do you take care of yourself? Because this job requires it. Do you do kickboxing? Do you do yoga? Do you read?"
Going into doing a session, and when people have completely unexamined biases, and they're kind of just spouting them out, you're sitting there hearing it. So oftentimes, we work in pairs because of that moment because I cannot be here in this moment. This is just too much, so that person can walk out, you can keep the session moving. So yeah, it's often relegated to the chief diversity officer. But I think most chief diversity officers would respond that I don't mind leading this work. I don't mind being the convener of this work. But it's not just my job.
Jill Anderson: Seems like there's a lot of people who this is a first for them, having these types of roles across universities and colleges. But for people who aren't at the table for some of these DEI committee meetings, it might seem a little bit out of left field. All of a sudden, we now have all of these DEI events, or meetings, or training opportunities. So maybe you can help break it down a little bit more to just understand the need for this type of stuff to be happening.
Richard Reddick: It's been easy to identify the fact this actually is a need. And I think also, let's credit students, especially in the last 10 to 15 years, who've really ... In fact, we were just talking about the Missouri student uprising, and how that really has shaped how students respond to this, because there but for the grace of God, go a number of institutions. Missouri's response was not unlike a lot of institutional responses. They didn't have an apparatus to respond to that. More importantly, they didn't have an apparatus to kind of chart and sort of know what was going on. So probably about the time of Missouri, I got calls from the Chronicle of Higher Ed, and they were like, "Okay. What's up with this role? What are the responsibilities of somebody in this particular position?"
And unfortunately, a lot of times still, it's like responding to negative campus climate. That's one part of it. But shouldn't it be about sort of structural change, so you can actually ameliorate the situation before it becomes that kind of situation? And I think what it means what you have a diverse student population and a diverse faculty, or a diversified faculty, I should say, people will start pointing out inequities, like you've been fine with this situation the way it is. But now there are more of us here who hold these identities. This isn't working.
And it's nice to have somebody to be able to think broadly about what it means. But then also, keep in mind that diversity is simple representation. That's happening demographically, like in Texas where I live, Massachusetts, and California, we're having a rapidly diversifying population. What inclusion means is actually going beyond the numbers and actually bringing people to have a common shared valued experience. And of course, equity means ensuring that people have access to resources, rewards, all those things. It's important to also make the point that like any major important role, recruiting, retention, these are responsibilities we all have as institutional partners. Right?
But it's helpful to have somebody who is charting the course, who is able to assess the progress, and also speak truth to power. This is kind of an uncomfortable job in some ways because you're the person who has to kind of be the canary in the coal mine. This is not going well. This is a problem. The work we did in the 2000s with the National Campus Diversity Project, we started noticing that there were people in institutions that had positions that were looking at student success for underrepresented minority students. And we also noticed that institutions making the most progress had the most folks in centralized positions.
So you look at the flowchart, and you've got this sort of sprawling framework. And they're on the very corner right there. Then it's like: How much authority does that person actually have? When we saw it when it was kind of this centralized thing, and it's the president, the provost, this person doing diversity work. Right there, you have the institutional emphasis from that leadership. I always tell people who are interested in these kind of position that leadership matters. If you can't get a commitment from a president, or a provost, or a vice president in this role, if you're not a vice president, then you might want to seriously reconsider the job because it works best when you can actually say, "I am speaking ex cathedra," literally I am speaking from the perspective of the president, or the provost, or VP, or the dean, whoever it is, because that's how important this work is.
We wouldn't have the vice president of research as somebody on the reporting chain who's got four different supervisors. That person goes to the president. Right? So institutionally, I think when we see it closely in line to the leadership structure, that's when success matters. And of course, I wouldn't have taken this job without having a visionary leader who wants to see these changes, who I can confide in, who trusts me. So those kinds of things are very essential to these roles because I've seen these roles, and people run screaming from them because it takes so much from you. And if you don't feel you've got that complete support, then it's a very isolating position to be in.
Jill Anderson: Right. Just the fact that it is kind of in some ways a whole new field, it's come under some criticism for taking a lot of funding from certain positions.
Richard Reddick: There's folks who've been in the field working in the space. There are national organizations focused on chief diversity officers. The role itself is probably new. But the work's been being done in different places. And now institutions have decided this is the best practice, to actually have somebody in that role. And there is this sort of conversation about the administrative bloat. Right? Is that another administrator you're paying for? The way I see it is this. If you're not investing in this work, and you have to take the sort of premise that for predominantly white institutions, you've got historical, structural, racism, inequity built in. Right?
We were talking about Ruth Simmons. And Ruth Simmons famously, when she was president at Brown, started talking about Ivy League connections to slavery. So it's baked in. But the question is: What do you do with that knowledge when you have it? Do you just kind of say, "Well, that's the way it was"? Or do you actually start realizing that a lot of inequity today goes back to the founding of the institution, institutional mission. Who's been historically excluded from the institution? So yes, you absolutely need to sort of recognize that it's a condition of being part of our societal milieu. The other part, of course, is moving towards action. So what's the plan going forward?
And then students are expecting us to have better responses. I mean, maybe students 20 years ago were like, "Hey, diversity is a good thing. We want more." And I was that student generation who wanted diversity and wanted to see more people like us. Now students are saying, "Now that there are people on campus who resemble us, and we can create a critical mass." And we can actually say, "We want to see systemic changes actually take place." That's as it should be. So I think it's an appropriate response. If anything, it's a late response. We are sort of confronting severely ingrained and historical inequities, and we have to think about what that means. It's not sufficient to say, "Well, bad things happened in the past." Unless you're doing things to reimagine, reconstruct, and actually reflect on your historical inequity, it won't get any better.
Jill Anderson: Right. You had mentioned when you meet with education leaders or teach workshops with them. I'm curious. Is there something they're all talking about?
Richard Reddick: I hear a lot of fear. People are worried about doing, or saying, or behaving in the wrong way. And one thing that I and we talk about is authentic leadership. For leaders, it's important to have a connection to your own story. How did you get here? How do you understand issues of equity and equality? You may have lived them. Right? And so many people assume that, oh, well, unless you're a person of color, or a queer person, or a woman, you could be a white male and you could talk about experiences you've had as a first generation college student, for instance. So that's an important piece of it.
But I often hear people hesitant because they think they're going to say or do the wrong thing. And I'm like, "Well, you have to create an environment where you're all constantly learning." So yes, if you set yourself up as an expert, and you fail at that, you'll be called out for that. I also hear a lot about the concern about talking across difference. Right? Folks have been doing this work for some time, who've really asked the questions. How do we start talking about how we are different? And how do we have challenging conversations about that, especially at a time where the political discourse in this country's become so polarized? And people often link their political beliefs to racial, ethnic, gender, sexuality. Those are all sort of co-mingled.
What I've tried to do is, first of all, to do this work from humility, to never assume. I have done the research. I have done the reading. But I am constantly learning. And I don't want to ever be in a space where I feel like, well, I'm an expert at this. And my job is to sort of harangue you. I think I told my dean, "I have no interest in becoming a diversity cop." I don't want to do that work. But I do want to be a fellow traveler. I do want to be a person who is leading, but also a person who is learning. We hear conversations about, well, I'm trying to get my head around what is happening with LGBTQIA plus students in that community. It requires contact. It requires immersion. You have to walk in the spaces that you don't necessarily know as your own spaces.
And I think I'm lucky. I'm a kid who grew up in a military family. I went to 12 schools before I graduated from high school. I'm pretty comfortable going in places that I don't know anybody. And what you find out is that there is something humbling and reinvigorating about being in spaces where you aren't part of the dominant identity group. Of course, I'm an African American male. That's often the case for me. But even in spaces where other identities are ones that I'm not as connected to, it's good because you get to see the energy in the community.
Just recently, I was in a feminist bookstore in Austin. And a good colleague of mine, her son wrote this amazing LGBTQ history. Just being in that space and hearing those stories, and really seeing the impact. A trans student said, "This is the first time I saw somebody who looked like me in a history book," you get chills. You're like, "Oh, my gosh." And you realize how important it is, and you realize we have to be in solidarity with each other. So we're so afraid of "getting it wrong," but I think you earn credibility when you go into spaces willingly to learn, and not in spaces to be seen. And then you build relationships with people. And you build relationships that are authentic, and not just like, well, I have a gay friend I can call. Or I have a [inaudible 00:13:39] friend I can call. So when you do invariably use the wrong pronoun, or assume certain things, you've got support. And I think you lead by actually saying, "I've done some things that didn't go well the first time, and I'm actually good. And I'm okay, I survived."
This is a concept that Robin DiAngelo talks about, white fragility. I think for a lot of white folks who do this work often feel like, well, if I get it wrong, I'm going to be chased out of the room, and I'll be scarlet letter. I'm like, "No, you need to build up capacity to hear people say the construction of whiteness is oppressive to people." And you didn't individually create whiteness, but you benefit from it. Until you actually start engaging with that, it'll be a problem. And to me, that's a challenge versus being told you don't have any worth. I've actually talked to people who say, "Well, I want to be part of this conversation, but I don't have anything to say." I'm like, "You have a lot to say."
I've had conversations with two people. One's an author and one is a filmmaker. And these are both people who identify as white, who are doing work about communities of color. And they both sort of expressed sort of this hesitation about doing that work. And I'm like, "We need more white people doing work like this because other white people see you doing it, you've shown a way of existing." And then secondly, you're reducing the burden on people of color, who've been doing this work for forever. Right? And it's one thing to be a person who says, "I'm doing this brand new scholarship that never existed before," that's problematic. But to say, "I'm part of a community doing this kind of work, and I'm adding to it, and I'm doing it in a way that recognizes my position-ality," that's really powerful.
And it was funny because the author was sort of saying to me, he's like, "Oh, wow. I never thought of it that way." I'm like, "That's so important." I said, "If a young white man is seeing you write about racial violence, that's going to leave an impact on him, especially the process that you went through."
Jill Anderson: Right. I wonder a little bit about universities, colleges. How can they not make this a checklist item?
Richard Reddick: I talk to people who have the role I have, either at the college level or the university level. And we all have different iterations of our jobs. Almost all of us have equity or diversity in our title. But how does that actually look? And even at my campus, I've talked to my colleagues. And we have very different remits. For instance, I'm involved in structural things like hiring. So every job search we do, I am actually the person responsible for making sure that we have thought about equity and diversity and inclusion in the job posting, in the assembling of the committees. That's what I get to do in my job. Some jobs have nothing to do with that.
And so it does become sort of this discernment. That paint by numbers kind of approach is doomed to fail. You have to have institutional buy in. The institutional leader has to say, "This is critically important to my success. I want to see this happen." And frankly, has to be in the work. An institution where a leader says, "Well, your job is to deal with diversity stuff while I'm off raising money," that is not a place you want to be. You want somebody saying, "I am invested in this work, and I want you to lead, but I'll be right next to you. I'll be in front of you at times. And I'll be behind you other times." But the idea that this person's role is not something where we're going to offload it.
I was at a conference a couple years ago. And it happened that we had a group of chief diversity officers. And one common complaint was when something happens on my campus, the president steps up to the podium and walks away and says, "You deal with this," in not so many words. Nobody wants to do that work. And of course, when it comes to resources, look, we need to make sure we're doing a better job retaining, recruiting, promoting our faculty of color, our students of color, our staff of color. And you don't get any responses to it, then that's a problem. Right? So to me, the thoughtful institution will actually explore. What do we need to do as an institutional ethos to improve? And climate's almost always the first thing. How do people who are from underrepresented communities feel about being in the space? That has to be courageous because it's often not laudatory stuff. It's actually horrible here, and here's why it's horrible.
So for me, my work is embedded in community. I'm in the community. It's part of what I do. I'm out on campus every day. And that's really important because my institution is not unlike a lot of other, we call PWIs, predominantly white institutions, or traditionally white institutions. We have fraught relationships with communities of color. And so when people see you as an institutional agent, and they're like, "Okay, so you're from the university, and you're in the space. Why?" And for me, it's even more, I think, special because I'm from that community. So literally, I encounter people who I knew when I was in high school. ...
Jill Anderson: Oh, wow.
Richard Reddick: ... Or we have those kind of connections where we have the same community connections, and it builds an air of credibility. At the same time, I'm not going to surrender my credibility to benefit the institution if the institution's not going to back me up in the process. Right? So again, this is a part of the job that's difficult. You're often sometimes speaking truth to power. You're critiquing the institution you work at. You're calling out things that you don't do well. And you have to have people who are willing to hear that truth, and then willing to do something about it. And I feel where I am that's what's happening. And of course, it's a continual thing.
I mean, I certainly have ideas that probably are pushing the envelope in ways that people are like, "Not so much." But it's a healthy conversation. And the trap is certainly falling into this sort of, we just have it for the sake of having it, versus we have accountability in the role we have, which is the community has to feel I have a challenge. How do I make a college of education feel more a part of a community? And it's literally the physical community of Austin, Texas. It's also the state of Texas. It's also beyond that. We have alums all over the place.
I went to England this summer and I took students with me. And they're like, "I'd love to work in the UK." So that's our community. It's not just the two blocks around campus. That's been a challenge because people justifiably have suspicions because it has not gone well. It has not gone well for many institutions. Town and gown relationships, universities often not as thoughtful as they could be about how they interact with communities. And we also tend to wall ourselves off, literally build walls. And part of what I do in my role is that I help to either open gates, or take walls down altogether. And that's quite a mission. You can't do it by yourself. You have to do it with colleagues and community. This is why in this space it's so important to be with other people.
One of the best things we do is just simply getting together and talking about: How do we handle the things that we do? How do we operate in spaces where there's less reception to our work? I certainly do talk to chief diversity officers about picking battles. Right? But at the same time, you can't just completely ignore this particular school or unit because they seem to be hostile. You have to find ways to use the term that Derrick Bell used, interest convergence. How do we get people to start thinking about how equity works in their favor? And I've actually gotten to the point where I talk about competency, and I talk about it's your job. Right? It's not even about what you personally believe, you have to do this to do your job well.
Jill Anderson: Richard Reddick is an associate professor and an associate dean for equity, community, engagement and outreach at The University of Texas at Austin. I'm Jill Anderson. This is the Harvard Edcast, produced by the Harvard Graduate School of Education. Thanks for listening.
About the Harvard EdCast
The Harvard EdCast is a weekly podcast featuring brief conversations with education leaders and innovative thinkers from across the country and around the world. Hosted by Jill Anderson, the EdCast is a dynamic space for discourse about problems and transformative solutions in education, shining a light on the compelling people, policies, practices, and ideas shaping the field. Find the EdCast on iTunes, Soundcloud, and Stitcher.
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CHURCH HILL – Gregory Alan Hoover, 54, passed away on Wednesday, September 12, 2018 at his residence following an extended illness. Greg was born in Flint, Michigan and moved to Church Hill in 2012. He was a member of Calvary Lighthouse Church.


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Preview leasing begins for new 46-story tower in downtown Jersey City
By: NJBIZ STAFF
Ironstate Development Co. and Jersey City-based KRE Group announced a preview leasing period for a new 46-story rental building in downtown Jersey City.
The partnership launched the building's full website today and revealed a collection of renderings that showcase its 549 "thoughtfully-designed" residences and indoor and outdoor amenities. Initial occupancy is scheduled for September.
Located just blocks from the Hudson River waterfront, 235 Grand offers proximity to NY Waterway and the Grove Street PATH Station with service to Lower and Midtown Manhattan, and the nearby Newark Avenue Pedestrian Plaza, also known as Jersey City's Restaurant Row.
Designed by HLW International, with interiors envisioned by Bentel & Bentel Architects, 235 Grand offers a diverse amount of amenities including a 24-hour attended lobby, fitness center, barre/yoga studio, resident lounge and numerous co-working spaces. The building also hosts a number of outdoor amenities including a landscaped roof terrace with a swimming pool, movie screen, fire pit, BBQs, showers and Wi-Fi. A playground will keep younger residents entertained, while a dog run creates a pet-friendly environment.
The building also offers bicycle and private resident storage and an enclosed parking garage.
1:53 pm Wed, June 12, 2019 NJBIZ
Linda Lindner
follow NJBIZ
Write to the Editorial Department at editorial@njbiz.com.


Many of my clients ask me how do you meditate? They struggle with quietening the mind and the finding time to meditate. In this workshop I will show you how easy and effective meditation is to move you from feeling stressed, anxious or overwhelmed into a space of peace and calm.
I was once this person and who struggled daily with my internal thoughts as I constantly felt stressed, anxious and worried if I was 'good enough'. I believe that you can step away from your anxieties, worries and stresses through meditation. I am also passionate about teaching you the techniques I use daily to stay calm and in control of my life through the meditation.This 1.5 hour workshop will set you up for success in your daily life.
Where: Belmore Chiropractic, 499 Belmore Road Mont Albert North.
– Learn how easy meditation is.
– Tips and tools to incorporate meditation in your daily 'busy' life.
– Guided meditation on the night.


It emerged at Perth Sheriff Court that long-term heroin addict Russell Gilfillan (44), formerly of Victoria Street, Alyth, had been convicted in 2002 for his part in a savage Samurai sword murder in Dundee.
But he successfully appealed his minimum 12-year sentence in 2008. The murder conviction was quashed and instead he was found guilty of the lesser charge of culpable homicide.
The Appeal Court judge ordered that he serve 11 years behind bars, backdated to January, 2002, and he was ultimately freed in November, 2008.
The accused, now of Benarty Avenue, Crosshill, Lochgelly, was disqualified for 27 months - and will have to re-sit the extended driving test - after he admitted driving in an erratic manner on the opposing carriageway in Alyth Road, Rattray, on August 26, 2017.
He will also be supervised by a social worker for the next 12 months and take part in a road traffic programme as an alternative to time behind bars.
In addition, he had a 12-month restriction of liberty order imposed, confining him to his home from 7pm-7am, seven days a week.
The Perth court heard that a couple driving behind the accused's car saw him cross over the central line onto the opposing carriageway.
When they negotiated a bend, however, they discovered Gillfillan's car had crashed and had come to rest astride the carriageway, facing towards them.
The vehicle was described as badly damaged and the airbags had been deployed.
The police were alerted and a roadside breath test proved negative but a blood test later revealed he had morphine, amphetamine, diazepam and alprazolam in his system.
A solicitor for the accused said Gilfillan had been dealing - on and off - with a heroin addiction for the past 20 years or so.
The driving incident had given him a "wake-up call" and he had engaged well with addiction services.
"He's on a methadone prescription of 80 millilitres. and appears to have significantly reduced his heroin misuse," added the lawyer.
Gilfillan also suffered from mental health difficulties, including depression and anxiety.
The lawyer said his record indicated a "chequered history" and he gave details of the accused's high court murder conviction, subsequently quashed.
Gillfillan had initially been ordered to serve at least 12 years after 24-year-old James Connelly died from massive blood loss when a miniature replica sword was driven into his back.
During the vicious attack by a number of assailants, he was also beaten with a baseball bat and other weapons.
The events which led to Mr Connelly's death - witnessed by a 12-year-old girl who was walking her dog - began with a drug deal which went wrong. Gillfillan and another man, Alexander Touati (37) were both found guilty of the murder in the Whitfield area of Dundee in January, 2002, after a trial at the high court in Glasgow.
But both men challenged their convictions at the Court of Criminal Appeal in Edinburgh.
Scotland's top judge, Lord Hamilton decided that the jury were entitled to decide that Touati, of Kirriemuir, Angus, was the man who had wielded the sword and threw out his appeal. But, they said, there was no evidence Gilfillan had used the samurai sword and he should have been found guilty of the lesser charge of culpable homicide.