• Where’s the CO2 • Senate Avoids Eminent Climate Analysis? P. 4 Domain Action, P. 16 Lateral Entry, P. 12 C A R O L I N A UNC Budget, P. 13

Statewide Edition A Monthly Journal of News, Analysis, and Opinion from September 2007 • Vol. 16, No. 9 the John Locke Foundation www.CarolinaJournal.com JOURNAL www.JohnLocke.org Job Procedure for Decker Skirted State Law of the budget, but in practice he delegates Speaker did not have some of the responsibility. The Department of Cultural authority to create Resources set up a new community development specialist position and executive branch job put Decker on the payroll for $48,000 per year Feb. 16, 2005. The department By DON CARRINGTON submitted the request for the new po- Executive Editor sition to Easley’s budget office Feb. 25, RALEIGH but it was not approved until March 10. ov. Mike Easley, Cultural Re- The approval came one week after The sources Secretary Libba Evans, Former Rep. Michael Gov. Mike Easley Former Speaker Jim News & Observer of Raleigh first drew or their designees apparently Decker Black attention to the hiring of Decker. Gviolated state law in 2005 when they hon- “The day the co-speaker arrangement passed in 2003, Decker’s new job was to promote ored former House Speaker Jim Black’s tourism at cultural and historic sites. request to provide a job for former Rep. Black used his cell phone to call Gov. Easley. I only Evans told the N&O that she was not Michael Decker. involved in creating the job or the Black had no authority as a legisla- heard Black’s end of the conversation. Black said process of filling it, but that she did approve it because a former legislator tor to create a job in the executive branch. something like he may need a job when this is over.” He needed Easley to do it. was involved. Decker told Carolina Journal in Black started a five-year federal Former State Rep. Michael Decker prison term in August after he pleaded an exclusive interview that on the day guilty to federal corruption charges. Black was elected House co-speaker Decker starts a four-year federal prison officials delivered the job to Decker. proposed action to the director of the in January 2003, Black told Easley that term this month after he pleaded guilty According to state law, before a budget for approval. The director must Decker, who played a pivotal role in to accepting a bribe from Black. Court department establishes a new position review the proposed action to ensure that documents show that Black and Decker’s or changes the funding of an existing it is within the amount appropriated to bribery scheme took place before Easley position, the agency must submit the the agency. The governor is the director Continued as “Job,” Page 2 Decker Says He Brought Shame on God and Family By DON CARRINGTON what I did was wrong, but I was away Executive Editor “I want people to know that I knew what I did was from the Lord, and it got easy to lie. I RALEIGH want people to know the shame I have ep. Michael Decker knew he wrong, but I was away from the Lord, and it got easy brought on God, man, and my family,” was doing wrong, but he did it Decker said. He said he couldn’t con- anyway because “it got easy to to lie.” tinue lying and wanted people to learn Rlie,” he said in an exclusive interview from his mistakes and the mistakes of with Carolina Journal. Former State Rep. Michael Decker others. Decker, who must report to federal Decker’s travails began after the prison this month to serve a four-year efforts to elect Jim Black to another commit extortion, honest services mail term, pleaded guilty in August 2006 in term as speaker of the House in 2003. fraud, and money laundering. federal court to crimes associated with Decker’s plea involved conspiracy to “I want people to know that I knew Continued as “Decker,” Page 3

What do you think of the five-year 80sentence given to former House The John Locke Foundation NONPROFIT ORG. Speaker Jim Black? Contents 200 W. Morgan St., #200 U.S. POSTAGE Raleigh, NC 27601 PAID RALEIGH, NC North Carolina 3 PERMIT NO. 1766 Interview 7 Education 8 Higher Education 12 About right 52% Local Government 16 Too lenient 34% Too tough 5% Books & the Arts 20 Opinion 24 Parting Shot 28 John% William Respondents Pope Civitas in June Institute Civitas Poll, Institute July 2007Poll CAROLINA C a r o l i n a North Carolina JOURNAL Journal Job Procedure For Decker Questionable Richard Wagner Continued from Page 1 Editor Don Carrington helping Black, might eventually need a Executive Editor government job. Decker’s switch from Republican Party to the Democratic Party in 2002 Paul Chesser, Mitch Kokai, upset the balance of power that led to a Michael Lowrey unique power-sharing agreement, with Associate Editors Black and Republican Rep. Richard Mor- Chad Adams, David N. Bass, gan sharing the House Speaker position Shannon Blosser, Andrew Cline, for the 2003-2004 legislative session. Roy Cordato, Paige Holland Hamp, Decker said he was in Black’s office David Hartgen, Sam A. Hieb, when Black asked Easley about a future Lindalyn Kakadelis, George Leef, job. “The day the co-speaker arrange- Karen McMahan, Karen Palasek, ment passed in 2003, Black used his cell Susan Robinson, Marc Rotterman, phone to call Gov. Easley. I only heard Mike Rouse, Jim Stegall, Black’s end of the conversation. Black George Stephens, Jeff Taylor, said something like he may need a job Michael Walden, Karen Welsh, when this is over,” Decker said. Hal Young Then after Black handed him the Contributing Editors phone, Decker spoke directly to Easley. Decker said Easley did not discuss a job Former Speaker Jim Black declines to talk with reporters as he entered a hearing at the with him, but basically said, “Thank you Wake County Courthouse earlier this year. (CJ file photo by Don Carrington) Abby Alger, Clint Atkins, Justin Coates, Geoff Lawrence, for supporting Jim Black.” only one qualified,” Decker said. The asking for confirmation on the details of Michael Moore Decker said he told Black he had job fell under the Archives and History the Decker job. “Any assumptions you Editorial Interns not planned to run for another legislative Division in Asheville. Decker said he might conjure about the inaccuracy of term, but later he changed his mind. In worked hard at the job, which lasted your tales based upon any response or 2004, Decker switched his party registra- about one year. lack thereof from this office would be tion back to Republican, ran again, but Published by Documents obtained from the misguided and unjustified,” Effron’s he lost the primary. The John Locke Foundation Cultural Resources department show email said. 200 W. Morgan St., # 200 Decker was out of work when his that Assistant State Budget Officer Da- Raleigh, N.C. 27601 legislative term ended in January 2005, vid. C. Brown approved the community (919) 828-3876 • Fax: 821-5117 so he went to Black and asked him for a Paying for the job www.JohnLocke.org recommendation for a state job that had development specialist position. When asked who directed him to In 2004, Senate President Pro Tem already been posted. He said the job was Marc Basnight, Black, and Morgan se- Jon Ham approve the new position — his boss not part of the bribery agreement he had cretly entered into an agreement to set Vice President & Publisher State Budget Officer David McCoy with Black. “It was just Black trying to aside discretionary funds to spend as or someone in the governor’s office be a nice guy. I wasn’t going in asking they wished. Basnight would control John Hood — Brown told CJ, “It could have been him to create this job,” he said. $10 million, while Morgan and Black Chairman & President either one.” Brown said he would check Decker said at the time that he had each would control $5 million. Most of his notes, discuss it with McCoy, and Bruce Babcock, Herb Berkowitz applied for a Cultural Resources job the money was parked in three execu- ask McCoy to call CJ to discuss the situ- Charlie Carter, James Culbertson opening in Goldsboro. Decker said he tive branch agencies and doled out on Jim Fulghum, Chuck Fuller learned that someone else would likely ation. McCoy did not call and did not request. Bill Graham, Robert Luddy fill that position, so Black’s deputy chief respond to multiple requests to answer Black designated $45,000 of his Assad Meymandi, Baker A. Mitchell Jr., of staff, Allen Rogers, took Decker’s questions. share to pay for Decker’s job. Since those Carl Mumpower, J. Arthur Pope resume, altered it, and wrote a job de- Easley’s communications office funds were nonrecurring, or one-time Tula Robbins, Thomas A. Roberg scription for a new job involving historic director, Sherri Johnson, did not respond money, Easley officials should have David Stover, Robert Stowe III sites and economic development. to questions about the hiring of Decker. been concerned about the viability of Andy Wells “He took my resume and created Her subordinate, Deputy Press Secretary the Decker job. Board of Directors the job description so I would be the Seth Effron, responded to a CJ e-mail The discretionary fund system worked only because department Carolina Journal is a monthly journal of news, analysis, and commentary on state heads who reported directly to Easley and local government and public policy issues participated in the scheme. Easley has in North Carolina. never made a public comment about the arrangement. A review by Attorney ©2007 by The John Locke Foundation General Roy Cooper concluded that leg- Inc. All opinions expressed in bylined articles islative leaders did not break the law but are those of the authors and do not necessarily that the process was not proper. reflect the views of the editors of CJ or the “It is clear that the manner in which staff and board of the John Locke Foundation. state money was directed is problematic Material published herein may be reprinted as for its secrecy, its lack of accountability, long as appropriate credit is given. Submis- and its end run around the legislative sions and letters are welcome and should be process,” Cooper said in a letter accom- directed to the editor. panying his office’s advisory opinion of the spending. CJ readers wanting more information Cooper’s review came after an between monthly issues can call 919-828-3876 and ask for Carolina Journal Weekly Re- investigation by State Auditor Les port, delivered each weekend by e-mail, or visit Merritt that concluded that Morgan, CarolinaJournal.com for news, links, and ex- Black, and Basnight had full control clusive content updated each weekday. Those of the funds that they had parked interested in education, higher education, or within the Department of Cultural local government should also ask to receive Resources, the Department of Health weekly e-letters covering these issues. Former N.C. Rep. Michael Decker, Sr. of Forsyth County Decker avoids reporters after one of and Human Services, and the Office of his trips to the federal courthouse in Raleigh in 2007. (CJ file photo by Don Carrington) State Budget and Management. CJ CAROLINA September 2007 JOURNAL North Carolina  Decker Says He Brought Shame On God and Family

Continued from Page 1 said he eventually listed the vehicle he purchased, as well as travel expenses results of the November 2002 general paid for with campaign funds, as income election left the House with 61 Repub- for federal tax purposes. lican members and 59 Democratic mem- “It would be interesting to see how bers. Decker, a Republican, approached many legislators used campaign funds House Speaker Jim Black and agreed to for personal use and did not report it as accept $50,000 and other gifts in return income for tax purposes,” he said. for switching parties and supporting He said campaign finance is the Black. biggest area in need of reform. Not In January 2003 Decker said he had public financing, but using campaign changed his registration to Democrat. money only for campaigns, “not for any The switch triggered a unique arrange- purpose under the sun.” ment with Black and Republican Rep. Decker still speaks kindly of Black. Richard Morgan sharing the speaker’s “In spite of all the things he has done post for two years. Later in 2003, Decker illegally, he is a very congenial person, accepted an envelope containing about and easy to like. I regret all the harm $38,000 in checks and $12,000 in cash I caused him. I hope things will turn from Black. around for him.” Black also pleaded guilty to federal crimes and started a five-year sentence Family and career in August. Decker said he first realized he Decker was born in Illinois. He might be in legal trouble in February served in the Navy from 1962 to 1968, 2006. “I thought I could continue to lie first as an electrician on a submarine to the grand jury because I thought I and then on a surface vessel mapping had hidden everything. Then I began to the ocean floor to improve submarine realize I had to tell the truth. I was not safety. sleeping, was fearful, and had anxiety While in the Navy he met a woman from North Carolina. They married and attacks that seemed like a heart attack. Michael Decker (center) and his attorney David Freedman (right) are greeted by news media God was chasing me.” in August 2006 before Decker entered his guilty plea. (CJ file photo by Don Carrington) settled in the Winston-Salem area. They Decker said that in March 2006 currently live in Walkertown. Using the his lawyer, David Freedman, arranged switch in return for money. When asked not happy with the leadership and GI Bill, he earned degrees from Piedmont for a meeting with federal prosecutors. about Black’s claim, Decker said he did wasn’t treated fairly. I allowed anger Bible College and Winston-Salem State He said he told prosecutors everything approach Black in 1997 about possibly to get into my heart and didn’t handle University. He taught school from 1976 he knew. “The guilt came off my shoul- supporting him for speaker in return it in a mature way. Greed entered in. It through 1986 and served 10 consecutive ders,” he said. for a favor. shouldn’t have happened,” he said. terms in the General Assembly. Decker At sentencing, federal prosecutors “What I wanted was money in the “If I were in the Republican leader- has three children, who are all mar- argued that Decker should get substan- budget for certain projects,” he said. “It ship I would want to treat people well, ried. tial consideration because his coopera- was not money for personal use or for not some better than others. I would He said the ordeal has taken a toll tion was instrumental in exposing Black. campaign contributions.” Black said encourage leaders to treat all members on his family. “You don’t realize when The judge did not allow much credit for he did not make any deal with Decker with respect and dignity,” he said. you are doing wrong that other people Decker’s assistance. “I would have pre- because he thought Decker might have are being hurt. It has been hard on them. ferred a lesser sentence for my coopera- been wired with a recording device. The system It has been 10 times more difficult be- tion, but I accepted the judge’s decision. Decker said he knew what he cause of their suffering.” I proposed the bribe,” Decker said. proposed was wrong. “It was an un- Decker said that legislative lead- What will prison be like? “I spent derhanded thing to do, but I had not ers rewarded members by handing out six years in the Navy and 12 weeks always gotten along with the leadership campaign contributions and that the in boot camp. I think prison will be Turning point — Speaker Harold Brubaker. This began unrestricted use of campaign funds for like boot camp,” he said. Decker will In a state court proceeding in Au- a downturn in my career.” personal use can lead to corruption. be spending his prison time at the gust, Black testified that in 1997 Decker So were Republicans mistreating He said at the time it was legal to Federal Correctional Facility in Ben- approached him about a possible party him? “No need to go into details. I was use the funds for personal items. Decker nettsville, S.C. CJ State’s Prosecutors Like Federal Corruption-Fighting Tools

By MITCH KOKAI who came forward once they got grand problems in government, he said. Willoughby’s arguments found Associate Editor jury subpoenas and told of giving the “On the state level, our grand juries support from forum panelist Kieran Sha- RALEIGH cash — those kinds of things I don’t have the power to indict, but we don’t nahan, a former federal prosecutor and early a month after he helped think would have happened but for have investigative grand juries except former Raleigh City Council member. secure a $1 million fine and the grand jury process. I don’t think we under limited circumstances in drug “If you’re going to empower the local the threat of additional prison would have been able to successfully trafficking cases,” Willoughby said. district attorneys in a meaningful way Ntime for former N.C. House Speaker Jim prosecute him.” “Our grand juries typically hear a few to go after corruption cases and financial Black, Wake County’s district attorney The corruption scandal that minutes’ synopsis from a law enforce- cases, they’re going to have to have more assigned much of the credit to a federal toppled Black from power offers a ment officer and decide whether or not tools at their disposal,” Shanahan said. investigation tool. good example of the benefits linked to probable cause exists and whether or “If you don’t get it, then you get what “I don’t think we would have been investigative grand juries, Willoughby not to return an indictment. you have, which is ultimately that the able to have made the case without told participants of an Raleigh forum “But they don’t summon in civil- level of corruption — in my opinion the federal investigative grand jury sponsored Aug. 22 by the N.C. Institute ian witnesses and people to gain more — became so overwhelming that the process,” said Colon Willoughby, the for Constitutional Law and the Federalist information about the case, which I think federal government stepped in.” county’s district attorney since 1983. “I Society. State prosecutors armed with is a shortcoming on our part. I think The Raleigh forum took place just think the co-operation of [former Rep. greater powers to convene investiga- we need some reform of the grand jury blocks from the site of Black’s sentencing Michael] Decker, of the chiropractors tive grand juries could root out more process to modernize it.” July 31 on state corruption charges. CJ September 2007 CAROLINA  North Carolina JOURNAL No Climate Analysis Offered on CO2 Regulations DAQ assumes that science of global warming settled The logo of the N.C. Climate Action Plan Advisory Group which appears on its Web site: http://www.ncclimatechange.us/. By PAUL CHESSER Associate Editor gies, and estimate benefits and costs its reports with words like “could,” that is where the agreement ends. While RALEIGH of strategies to reduce carbon dioxide “possibly,” “potential,” and “may.” The activists say the warming is abnormal he North Carolina Division of emissions. The law required that DAQ reports present no probability statistics and is caused by increased industrial Air Quality, through its Climate report annually in 2003 and 2004 find- on the likelihood of future temperatures activity, those less concerned say it is Action Plan Advisory Group, is ings and recommendations to two state or weather changes caused by global part of a natural global cycle of warm- Tfinalizing recommendations to reduce environmental agencies, with a final warming. ing and cooling. Skeptics also say part the volume of greenhouse gases emitted report due in September 2005. DAQ cited “With [computer simulation] of the heating trend can be attributed within the state, but the agency offers those reports to justify the creation of models,” DAQ reported in 2003, “the to other factors such as increased solar no analysis of how any options under CAPAG to study greenhouse gas emis- developers and other scientists believe brightness. consideration will affect temperatures sions in the state. that a projected increase in the atmo- Those who claim membership in or other weather conditions. sphere’s heat trapping ability for a given the “consensus” sometimes argue that CAPAG, under the strong influ- No global warming discussion concentration of greenhouse gases has those who disagree about global warm- ence of nonprofit advisory group Center reasonable precision. ing are “deniers” of the evidence. They for Climate Strategies, will recommend There is no mandate in the Smoke- “However, the resulting impact on portray doubters as indebted to business to the Legislative Commission on Global stacks law “to discuss, debate or analyze climate is more uncertain. This is primar- interests that produce fossil fuels, the Climate Change more than 50 measures competing theories on global climate ily because the climate system is very burning of which produces the majority to lower carbon change,” accord- complex and dynamic, with constant of greenhouse gases. They also challenge dioxide emissions ing to Mather, and interaction between the atmosphere, the credentials of the dissenters — usu- in the state. Many DAQ avoided it. land, ice, and oceans.” ally scientists — who question the sci- of the recommen- “[T]he resulting impact Instead, he said, ence of global warming, as though their dations could be CAPAG’s man- Is the science settled? experience and education shortcomings costly, especially on climate is more un- date was solely to make them less-than-adequate as ex- for utilities cus- evaluate carbon Carbon dioxide is a radiation-trap- perts in the debate. Those who detract tomers and tax- certain. This is primarily dioxide emissions, ping gas that causes the atmosphere to from the future threat of climate change payers. because the climate sys- examine potential retain heat, and many scientists say it is are not above using similar tactics, with I n c l u d e d controls with their a major contributing factor to warming some labeling global-warming believers among the op- tem is very complex and costs and benefits, the earth. as “alarmists” and also questioning their tions that were and recommend Because the Smokestacks law scientists’ credentials. considered were dynamic, with constant actions for reduc- required the study of “available [green- increased taxes on ing carbon dioxide house gas] control technologies” and Skeptics found, numbered gasoline and elec- interaction between the emissions. “the benefits and costs of alternative tricity; more subsi- atmosphere, land, ice, “That is what strategies to reduce emissions of CO2,” But who are the “skeptics” on dies for renewable the DAQ did in its DAQ determined that global warming climate change who get short shrift in fuels programs and oceans.” reports to the Leg- and climate change “are accepted as fact the DAQ’s greenhouse gas reports, as and public trans- islature,” he told by the General Assembly.” opposed to the scientists in the “con- portation; and N.C. Division of Air Quality Carolina Journal in There is near-unanimity in the sensus?” And what are they skeptical heightened emis- 2003 Report an e-mail. climate change debate about the recent about? sions standards But in those past: the Earth has been warming, over- from vehicles and three annual re- all, through the last century or so. But Continued as “No Climate,“ Page 5 stationary sources. ports DAQ dis- CCS, which provides technical analysis, cusses in detail the threats of global runs meetings and sets agendas for warming, claiming there is unity of CAPAG, did not evaluate the options’ thought among scientists about the effects on the state’s economy, taxpayers, threat. DAQ, in its 2003 report, cited or state and local governments. the federal government and the United Instead CAPAG and CCS are Nations’ Intergovernmental Panel on studying the carbon dioxide reduction Climate Change to buttress that con- options based on limited criteria: the tention. quantity of emissions reduced; cost “There is strong evidence of scien- per ton of greenhouse gases removed; tific consensus that increasing emissions possible “co-benefits” to the reduction of carbon dioxide and other greenhouse of emissions, such as the “creation” of gases are affecting Earth’s climate,” the jobs; and feasibility issues. 2005 DAQ report stated. “…The IPCC’s Asked why the state or CCS has most recent assessment concluded that conducted no analysis of the options most of the observed warming over the and their impact on climate, DAQ last 50 years is likely due to increase in spokesman Tom Mather said in an e- greenhouse gas concentrations.” mail message that the recommendations DAQ offers no similar explana- are “aimed at reducing greenhouse gas tions from the point of view that global emissions, with the assumption being warming is not a future threat, saying that these reductions would help reduce little more than “there are still skeptics climate change.” who discount the level of problems DAQ was given a mandate in the anticipated.” While the DAQ reports 2002 Clean Smokestacks Act to study don’t present the counterarguments to a programs to control carbon dioxide likely climate change threat, the agency emissions, evaluate control technolo- hedges on its own certitude, littering CAROLINA September 2007 JOURNAL North Carolina  No Climate Analysis Offered on CO2 Regulations Continued from Page 4 On the question, “Is global warm- possible corporations].” ing occurring?” 82 percent of respon- • Seventy percent of respondents But even greenhouse gas limita- Part of the answer may be found dents affirmed the statement “We can believed climate change could have tions proposed for worldwide imple- in a booklet released last month by the say for certain that global warming is a beneficial effects for some societies; 86 mentation, such as the Kyoto Protocol, Chicago-based Heartland Institute, a process already underway.” percent said climate change will have were determined to have an insignificant free-market, limited government think However, a majority of the climate detrimental effects on some societies effect on global temperatures. When tank. “Scientific Consensus on Global scientists — 66 percent — believed that Because of the surveys’ findings, asked whether DAQ analyzed whether Warming,” compiled by Joseph Bast and the science is not developed enough Heartland Institute concludes in its North Carolina’s recommendations James Taylor of Heartland, condenses to assess the effects of greenhouse gas booklet, “the views of climate scientists would affect overall climate, even if the results of two international surveys emissions on climate change. Somewhat on some aspects of the global warming other states and nations implemented of climate scientists, conducted in 1996 in contrast was their response to a state- debate are important and deserve more similar greenhouse gas controls, agency and in 2003. Dennis Bray and Hans ment that “human attention in the current debate than they officials referredCJ to other states’ Web von Storch, two activity is causing have received.” sites on the issue. None of them had any German environ- climate change.” studies of greenhouse gas impacts on mental scientists, “The [Legislative] com- Nearly 56 percent ‘You have to start somewhere’ climate, either. directed the sur- of the respondents “We have specifically tried to focus veys. mission is clearly not agreed with that Despite conflicting views about most on options for North Carolina that A c c o rd i n g position. the risks caused by unchecked green- would ‘make sense’ for the state, inde- to the Heartland balanced in representa- Some of the house gas emissions, state environment pendent of arguments related to whether Institute, Bray other answers il- officials say the potential damage from climate change is occurring or not,” and von Storch tion and the speakers luminated in the global warming dictates that North James Southerland, DAQ’s coordinator questioned more Heartland Insti- Carolina takes action. for CAPAG, wrote in an e-mail. than 530 climate have not been balanced, tute booklet: “Each resident of the state is a part The legislative commission has scientists from 27 so I don’t know why • Only 35 of the problem, and the solution,” wrote already heard testimony on global countries in each percent of respon- William Ross, secretary of the N.C. De- warming issues, mostly from those who survey, asking the I should assume that dents agreed that partment of Environment and Natural foresee a difficult future. But a few “skep- same questions “climate models Resources, in his introduction to the tics,” including Arizona State University — but in 2003 they there would be balance can accurately 2005 DAQ report. “Consequently, each professor Robert Balling and University added 32 ques- predict future cli- of us must consider how we can reduce of Virginia professor Pat Michaels, have tions. The surveys in the associated organi- mate”, while 18 greenhouse gas emissions in ways that testified also. Balling and Michaels are presented scores zations providing input to percent were un- may be individually small, but collec- the only climatologists to have spoken of statements on certain and 47 per- tively huge, and thus respond to threats before the commission. climate change and the process.” cent disagreed posed by global climate change.” “The [Legislative] commission is asked respondents • Seventy- Mather agreed with those senti- clearly not balanced in representation to rate their levels Sen. Robert Pittenger three percent ments in response to skeptics, when and the speakers have not been bal- of agreement or R-Mecklenburg agreed that the asked about the lack of analysis of anced, so I don’t know why I should disagreement on a IPCC reflects the CAPAG’s recommendations on tem- assume that there would be balance in numerical scale. scientific consen- peratures. the associated organizations providing The Heart- sus on climate change “If you are skeptical of the actual input to the process,” said state Sen. land Institute booklet singled out 18 • Thirty-two percent of the scien- impact of any of these recommendations Robert Pittenger, a Charlotte Repub- questions from the 2003 survey and pre- tists agreed that climate variability can be on global climate,” he said, “my response lican and member of the commission. sented the answers “in a simplified and confidently predicted in 10 years, while would be that you have to start some- CAPAG approved 53 options less academic style.” Answers mildly or 53 percent had little or no confidence in where. Each action by a person or entire at its July 16 meeting. The Legisla- sharply in agreement with a statement such predictions state might not have a huge impact, tive Commission on Global Climate were classified as “agree,” while those • Fewer were confident in the but these actions could have impacts Change awaits their recommenda- mildly or sharply in disagreement were ability to predict climate change in 100 when considered collectively with other tions, which will weigh heavily upon categorized as “disagree.” years, with only 27 percent believing it states, nations, or other groups [such as any bills that are developed. CJ Stay in the know with the JLF blogs Visit our family of weblogs for immediate analysis and commentary on issues great and small

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col. DaviD hunt (Wilmington luncheon event) noon, SePt. 11, 2007, the Blockade runner The Meck Deck is the JLF’s blog in Charlotte. Jeff Taylor blogs on this site and has made it a must-read for anyone interested in issues in the Queen City: http://charlotte.johnlocke.org/blog/

Bill kristol (PinehurSt luncheon event) noon, oct. 18, 2007, the carolina

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The John Locke Foundation, 200 W. Morgan St., Raleigh, NC 27601 | 919-828-3876 Phone 919-828-3876 for ticket information September 2007 CAROLINA  North Carolina JOURNAL

NC Delegation Watch U.S. Congress

Dole: Expand Leave Act Partisans Disagree About Partisan Wrangling U.S. Sen. Elizabeth Dole last month won Senate approval of By DAVID N. BASS a bill that incrementally increases the legislation to extend the Family Contributing Editor minimum wage to $7.25 by 2009, an effort and Medical Leave Act for up RALEIGH that had been successfully stonewalled to six months for spouses, sons, artisan politics remained strong by Republicans in previous sessions. daughters, parents, and next of kin in Washington, D.C., as Congress One major legislative initiative of members of the Armed Forces, went into its August recess, ac- that Congress has failed to meaningfully including the National Guard or Pcording to several members of North act on is immigration reform. Miller Reserve, who have combat-re- Carolina’s congressional delegation. said that hope of reaching a bipartisan lated injuries. Lawmakers considered a number of compromise on immigration “appears Sens. Hillary Clinton, D- high-profile bills in recent months, from dead,” while Foxx said that one of her N.Y.; Barbara Mikulski, D-Md.; lobbying and ethics reform to broaden- goals is to prevent government policies Lindsey Graham, R-S.C.; Edward ing the foreign surveillance powers of that sanction illegal immigration. Kennedy, D-Mass.; and Sherrod the federal government, but members “That means cutting off federal Brown, D-Ohio, joined Dole to of both parties agree that partisan bick- government benefits to those who are introduce the legislation. ering is a key reason many bills remain here illegally and passing legislation “When service members stalled. that secures our nation’s borders,” Foxx are injured while answering the “The view of Grover Norquist that said. call of duty, they deserve to have bipartisanship is ‘date rape’ has become Jones said he doubts reform will their loved ones’ comfort and sup- the prevailing view of Republicans in happen when legislators reconvene in port,” Dole said. “This legislation Congress,” said Rep. Brad Miller, a September. “Until this Congress shows will ensure that spouses, parents, Democrat from North Carolina’s 13th the American people that we will secure sons and daughters of wounded District stretching across the north-cen- A measure that amends the Foreign the borders, and I mean zero leeway on soldiers can take time to care for tral part of the state. Miller said the GOP Intelligence Surveillance Act of 1978 to that, we will not see action on reform,” them without fear of losing their is trying to “score partisan points” on provide broader intelligence gathering he said. jobs and livelihoods.” every issue and “sabotage and obstruct” powers was hurried through Congress The Family and Medical legislative efforts. and signed into law by President Bush Legislative priorities Leave Act was criticized in the “They apparently hope that voters the first week of August. The controver- early 1990s, mostly by conserva- next year will blame Democrats for the sial bill drove a wedge between members As in previous sessions, one of tives and libertarians, because it lack of progress and not figure out why of the same party, even though it passed Miller’s top legislative goals is to pass placed burdensome requirements so little has gotten done,” Miller said. handily in the House and Senate. a bill that would amend the Truth in upon employers. Employers are Rep. Virginia Foxx, a Republican “This country is great because of the Lending Act to crack down on high rates required to grant employees up from the state’s northwestern 5th Dis- Bible and the Constitution,” said Jones, for mortgage lending. “A reasonable, to 12 weeks of unpaid leave to trict, blamed Democrats, saying the who joined 183 other representatives in well-considered set of regulations would care for a serious health condi- current session of Congress “has been voting against the intelligence-gathering reassure the market that subprime tion, to care for a sick parent or characterized by a total lack of Democrat bill. “I’m for doing lenders aren’t making loans that will child, or for the birth or adoption accomplishment” and a string of broken whatever we have end up in foreclo- of a child. promises. to do to go after the sure and help ease “The Democrats are willing to potential terror- “This Congress has got the credit crunch,” do whatever is necessary to force their ists, but you still Miller said. Foxx wins health earmark extremist agenda through Congress and have to live by the to improve its civility. The Jones listed think nothing of breaking the promises Constitution.” health care and The U.S. House has ap- they made to the American people in Foxx voted American people and the the burgeoning proved $3 million in funding for order to get elected,” Foxx said. for the bill, saying people of North Caro- national debt as the Wake Forest University Health Rep. Walter B. Jones, R-3rd, said it provides “com- top domestic is- Sciences alternatives to transplan- the week leading up to Congress’ Au- mon-sense fixes” lina should expect both sues. The seven- tation program, U.S. Rep. Virginia gust recess contained some of the most that allow govern- term congressman Foxx, R-5th, says. uncivil debate he recalls in his 13 years ment officials to parties ... to be able to is spearheading The funding was included in office. monitor targets several policy ini- in the Energy and Water Devel- “This Congress has got to improve on foreign soil come together and work tiatives, including opment and Related Agencies its civility,” Jones said. “The American only. “It does not on solutions.” a bill that would Appropriations Act and the De- people and the people of North Carolina involve domestic grant churches and partment of Defense Appropria- should expect both parties, knowing surveillance, but other 501(c)(3) or- tions Act. U.S. Rep. Walter B. Jones ganizations the there are philosophical differences, to simply updates a N.C.’s 3rd District Foxx, in announcing the be able to come together and work on system that was right to speak out grant, said that more than 80 solutions.” designed to ad- on moral and polit- researchers at the Institute for Re- dress cold-war era ical issues without generative Medicine are working Congressional action intelligence gathering,” she said. losing their tax-exempt status. Jones is to apply regenerative medicine On the domestic side, lawmak- also sponsoring legislation designed to techniques to build new organs According to the latest opinion ers passed a comprehensive lobbying provide greater transparency among and tissues such as kidneys, blood poll data, the vast majority of Americans reform bill aimed at creating more political action committees that House vessels, hearts, livers, pancreases, disapprove of the Democrat-controlled openness in the legislative process. The leaders use to channel money. muscles, and nerves. Congress. A recent CBS News survey measure passed both chambers nearly Foxx wants to make intelligence “Wake Forest is on the cut- showed that 25 percent of Americans unanimously, with all N.C. representa- reform permanent and accused Demo- ting edge of regenerative medi- believe Congress is performing well. A tives voting in favor except Rep. Robin crats of failing to understand the reality cine,” she said, “and I am pleased poll by Zogby International found only Hayes, R-8th, who was absent. of the Islamic terrorist threat. that this funding will support their 3 percent of respondents have a positive House lawmakers on Aug. 4 passed “The role of the government is to continued research and allow impression of how Congress is handling environmental legislation championed protect us from these external threats, them to upgrade their facilities the war in Iraq. by the Democrat leadership that would but instead [the Democrats] want to to take advantage of new technol- Despite partisan wrangling, Con- purportedly increase energy efficiency focus us on building a nanny state that ogy.” CJ gress has managed to pass several do- and reduce emissions. Earlier in the ses- is inept at combating threats to our na- mestic and national security initiatives. sion, both chambers of Congress passed tional security,” she said. CJ CAROLINA September 2007 JOURNAL CJ Interview  Robert Novak Talks About His Career and Those He Covered

olitical columnist and television N-E-Y. It’s more man, do you plan but not that nice a person, awfully tough, pundit Robert Novak marked his like New York. It’s to spend the rest of not too interested in civil liberties. golden anniversary in the nation’s high-priced lobby- your life in journal- Pcapital with the book The Prince of Dark- ists, high-priced ism?” I said, “Yes, Kokai: Reading your book, I would ness: 50 Years Reporting in Washington journalists, high- I do.” And he said, say that you didn’t have much nice to (Crown Forum, 2007). Novak recently priced lawyers. It’s “Well, let me give say about Richard Nixon. I guess that addressed a John Locke Foundation a money machine you one piece of shouldn’t surprise a lot of people at Headliner luncheon in Raleigh. He also in Washington, ev- advice. Above all,” this point. discussed his book with Mitch Kokai for erybody running to he says, “Avoid too Carolina Journal Radio. (Go to http:// make money. And much accuracy.” Novak: I thought he was a bad www.carolinajournal.com/cjradio/ to I think that stems And I went back man and a bad president, very inse- find a station near you or to learn about from the fact that and told my col- cure. I think his insecurity affected his the weekly CJ Radio podcast.) government has leagues with the presidency and did great damage to the become so gargan- AP, who I worked Republican Party, to himself, to the coun- Kokai: I want to start with a quote tuan. for, about that. And try. The one thing he did was he stuck from the first chapter of your book. You they said it shows with Whittaker Chambers in unveiling describe your journalistic philosophy, Kokai: Your he’s insane. Alger Hiss as a spy. and here I quote, “To tell the world book has an an- I thought, at things people do not want me to reveal, ecdote from 1959 the time, he meant Kokai: What about the last Demo- don’t reveal too to advocate limited government, eco- in which you talk Author and columnist Robert Novak dur- cratic president, Bill Clinton? nomic freedom and a strong, prudent to a senator who ing an interview with CJ in July. much about your- government, and to have fun doing introduces a bunch self, or you’ll end Novak: Bill Clinton was a man it.” So how did you come up with that of amendments to a bill, knowing they up in trouble with the authorities like of great charm, great likeability. I’ve philosophy? won’t pass, but he’s going to get some I did, but that isn’t what he meant, I got some anecdotes in there where he campaign money out of it. You said you don’t think. I think what he meant was tried to seduce me, but it didn’t quite Novak: Well, I think you just de- learned at that point that the system was don’t let the little details avoid the big come true. But the thing about Clinton, velop it over the years. When I arrived no more on the level in Washington than picture. And sometimes, in the course Clinton posed as a center-left person, a in Washington at the age of 26, and with it had been in some of the state capitals of writing this book, I have let the little centrist; he wasn’t. He was an out-and- the Associated Press, all I wanted to do that you also covered. Do you think that details avoid the big picture. I didn’t out big-government liberal, and that’s really fully appreciate, until he got out was break some stories and survive and that’s still true today? what eventually made him an unsuc- of office, what a great president Ronald have a good job. They say you develop cessful politician. He lost, after his first Reagan was because he wasn’t good on that over the years, but that—that whole Novak: Yes, I think it is. I’ll tell election, every election that he was in. the little details, but he was great on the business about having fun doing it, some you who the senator was. It was Senator The Republicans won Congress. people looked at my book and said, “You Russell B. Long of Louisiana. I mention big picture. know, you shouldn’t put that in there. him in the book as the son of the famous Kokai: How about the current Kokai: You mention Ronald Rea- That is not dignified.” Huey Long, the Kingfish. I think the big President Bush, what can you tell us gan, and I’m going to run by you a few of Well, the newspaper gang that I difference is that the people wouldn’t the names of some of the famous people about him? grew up with, the Jack Germonds and admit it now. If it’s — it still goes on, but you’ve covered and ask you what one the Jules Witcovers, and the guys like as a way to raise money. But Russell, I thing people should know about this Novak: A mediocre president. I that, we had a lot of fun. And I hope liked Russell a lot, but he was a scoundrel president or political figure that they believe he is — this is the third genera- that some people read my book, young and a rogue, not as big a scoundrel and don’t know. Let’s go ahead and start tion of Bushes I’ve covered. I covered his people, find out just what a great way a rogue as his father, but a very smart with Reagan. What should people know grandfather, a senator from Connecticut. guy. And that was a great lesson for me to make a living it is to be a journalist, to about Ronald Reagan that they probably I think that Bush really, at heart, is a Con- do the things I said, and to make some when he told me that, and I was a—at don’t know about him? necticut Yankee liberal, though he’s got of the politicians uncomfortable while that time, a 28-year-old reporter for The a Texas accent. Too much government, you are doing it. Wall Street Journal. Novak: What they should know and of course his big mistake of wag- is that he had no interest in these little ing a preventive war and trying nation Kokai: Having fun seems to be one Kokai: You also had some interest- internal feuds of people working for building in Iraq. of the things that has changed in D.C., ing advice early in your career from the him. He wasn’t interested in microman- and you outline a number of things poet Ezra Pound about accuracy. aging. He had three goals: improve the Kokai: You’ve covered many that have changed in the capital in 50 economy with tax cuts, win the Cold War, things that readers will encounter in years. On the whole, would you say Novak: I was a major in English and restore the morale of the American your book. One item that doesn’t seem that these have been good changes or literature at the University of Illinois, people. He just kept his eye on that, to be as big as others ends up taking up bad changes? and one of my favorite authors was the and that’s why he was successful in all the entire first chapter and also the end poet, Ezra Pound, who was a great poet. three things, and that is why he was a of the book, and that is the whole furor Novak: Well, it’s — I don’t know He was a bit of a madman, and he got successful president. around the Valerie Plame CIA leak case. if I can make a judgment on that. The caught and stuck in — you know, he had Is it a sign of the times that this incident town is a lot slicker than it used to be. The some fascist, anti-Semitic ideas — and he Kokai: More than 40 years after he became as big as it did? restaurants are better, and it looks cleaner got caught in Italy during the war, giv- died, many people have thoughts about than it was. I live in a fancy apartment ing broadcasts for Mussolini, and so he JFK. What do you know about John Ken- Novak: If I were to die in Raleigh on Pennsylvania Avenue, which used to was arrested by our troops. And do they nedy that people should know? here today, which I hope I don’t, my be a place where a department store was. try him for treason? An old poet, now obituary tomorrow morning would There were a lot of little two- or three- that—what they did was they put him Novak: Great charm. Wonderful have Valerie Plame in the lead. It’s a story buildings. But, and, of course, you in the insane asylum, Saint Elizabeth’s for younger people, as I was, covering very small part of my life, but it was know, I have to say that the—for many, Hospital, in Washington. him, but really not that strong a leader made such a trigger for the destruction, in many ways, I think the government And I was given an interview by and not that—not the kind of tough attempted destruction of George Bush. is doing things it should be doing, but a congressman that I knew, who was Irishman he pretended to be. He handled it so badly, in my it’s too big. It’s way, way too big. And I helping to get him out after all these opinion, that it became a big story. It think that is a real problem. years. And so I had the only exclusive Kokai: How about his brother, caused me great damage. And what I And the other problem, Mitch, interview with him as he got out of the Robert, who seems to be an icon for so hope to do in the book is to—it’s only is money. So if you wanted me to give hospital. And I was just thrilled to meet many liberal Democrats these days? two chapters of a long book—but to give you one more change—answer to what the great poet. And as I was leaving, what really happened factually. And a lot the change in Washington is, it’s M-O- Mr. Pound said to me, he said, “Young Novak: A really tough Irishman, of people still don’t understand it. CJ September 2007 CAROLINA  Education JOURNAL State School Briefs More Science, Math Teachers Needed Volunteers boost charters N.C. faces challenge The Teacher Link Program, a col- Tabatha Koziarz has faced laborative effort with Duke University’s bigger back-to-school preoccu- Teachers and Scientists Collaborating pations lately than whether her in meeting need for program and the Center for Inquiry- third-grade daughter’s bookbag based Learning, is a three-year pilot is packed on day one, The News & science, math and program being implemented in K-8 Observer of Raleigh reports. classrooms in nine North Carolina At Neuse Charter School, technology teachers counties — Alamance/Burlington, Cha- which opened Aug. 27 with grades tham, Harnett, Iredell/Statesville, Lee, K through five in Selma, families Nash/Rocky Mount, Orange, Randolph, are required to volunteer for the By KAREN McMAHAN Roanoke Rapids Graded Schools, and school at least four hours a month. Contributing Editor Robeson. Many parents, and children, have RALEIGH Dr. Sam Houston, president and already surpassed that minimum. n its 2007 report, Rising Above the CEO of the North Carolina SMT Center, Koziarz, for instance, has put in 17 Gathering Storm, The National said the teachers will receive kits aligned hours some days in August. Academy of Sciences wrote that to the North Carolina Standard Course The Clayton resident has IU.S. educators’ waning commitment to Academy of Sciences report. of Study and intensive classroom train- been rounding up donations, science and technology, as evidenced in Developing market nations con- ing in the NSF-supported curriculum, such as picnic tables from Lowe’s declining numbers of students graduat- tinue to outpace the United States in along with phone and email support Home Improvement stores to give ing with degrees in science, engineer- the number of graduates in science, and mentoring from retired or practic- students a place to eat lunch. She ing, math, and technology, threatens engineering, technology, and mathemat- ing scientists. recently spoke at an American the nation’s economic future. Unless ics. In the United States, only 15 percent The Fast-Track Initiative is be- Legion meeting about the school’s the United States reverses this trend, of undergraduates receive a degree ing developed and launched at four need for a flagpole. And she’s been the report predicts “within 40 years the in natural science or engineering, as campuses of the UNC system — North on the phones constantly with other economies of Brazil, Russia, India, and compared to 67 percent in Singapore, Carolina Central University, North Caro- volunteers to coordinate carpools, China . . . together could be larger than 50 percent in China, and 38 percent in lina State University, UNC-Asheville, catered lunches, and teacher help- those of the G6 nations together.” South Korea, the NAS report says, and and UNC-Chapel Hill. The program, ers. As the need for scientific and math “there were almost twice as many US modeled after the UTeach program at Other families also have been talent increases, fewer students are physics bachelor’s degrees awarded in the University of Texas at Austin, has the active. Earlier this month, an army graduating with science or math degrees. 1956 . . . than in 2004.” dean of the School of Education and the of parents and students gathered According to a press release June 8 from Perhaps more alarming, 56 percent dean of Arts and Sciences at each of the to pressure wash a tractor-trailer’s the University of North Carolina at of engineering doctorates in the United four campuses collaborating on program worth of old furniture from Wake Chapel Hill, only 1,000 out of 4,000 pro- States were awarded to foreign-born stu- of study whereby students will obtain County schools. spective teachers who graduated from dents and, in 2002, foreign-born students a bachelor’s degree in science or math UNC’s 15 teacher education programs comprised 38 percent of the U.S. science while also gaining teacher certification. last year were in the high-demand areas and technology workforce. Carr Thompson, of the SMT Center, said, of science and mathematics. The Burroughs Wellcome Fund “Students get to visit other countries, Brunswick schools funds Despite decades of research show- launched the SMT in 1995 to improve they complete internships in research An increase in money from ing that the best-qualified science, math, science and technology education in labs alongside researchers, and they Brunswick County will allow the and technology teachers have degrees response to a Public School Forum of receive bonuses of more than $5,000 school system to give pay raises in those fields, North Carolina does a North Carolina report. The Center’s a year during their first five years of and to add teaching positions, The poor job of graduating teachers licensed board, comprised of education, business, teaching.” Wilmington Star reports. to teach those subjects. UNC President and government leaders, partners with At a meeting Aug. 27, the Erskine Bowles said in his inaugural the UNC system, Duke University, the Lack of quality controls county’s Board of Education ap- address April 16, 2006, that the “fifteen N.C. Department of Public Instruction, proved a $106.9 million budget campuses of the UNC system produced and other organizations to develop None of those contacted at the for fiscal 2007-08, a combination only three certified physics teachers in programs for science, mathematics, and SMT Center was able to provide specif- of state, county, and federal funds. the past four years.” technology education. ics regarding outcomes measurement. The budget is 8 percent bigger than In 1999-2000, the majority of sci- Aided by a $5.3 million grant from Houston cited the mentors as a way of en- last year’s $98.6 million. ence teachers in North Carolina’s public the National Science Foundation and the suring sound content and pedagogy. The county’s slice has in- schools — 79 percent of geology and Burroughs Wellcome Fund, the SMT has However, one TLP program ad- creased by 14 percent, from $25.1 earth science, 67 percent of physics, 61 launched several pilot programs, most visor, a professor emeritus from West million to $28.6 million, according percent of chemistry, 45 percent of biol- notably the Teacher Link Program and Virginia University and a retired en- to Freyja Cahill, the county schools’ ogy — had neither majored in nor were the Science Education Fast-Track Ini- vironmental consultant, said of the 20 finance officer. For the first time certified to teach the subjects to which tiative called the Burroughs Wellcome teachers he has been assigned to men- in more than 10 years, the school they were assigned. Fund Scholars Program. The Center tor, none has asked him for help or has system will be able to raise supple- and its partners will also receive more been willing to have him observe in the classroom. mentary pay for coaches. Deficits in K-12 and Higher Ed than $14 million from North Carolina Teachers haven’t had a raise over the next two years to fund these When questioned about this issue, in four years, but they will be get- The fastest-growing jobs in the 21st and other SMT-sponsored education Houston said “he told the advisors they ting some extra money this fiscal century are technology and knowledge- reform efforts. wouldn’t have to worry about getting year, too, she said. The state pays intensive, but public schools are failing overrun with teacher requests for help.” He said it takes decades to change a most teachers’ salaries and has to graduate students who are proficient Inquiry-based learning increased certified educators’ pay in mathematics or science. In 1998, a culture. by an average of 5 percent this fiscal report from the Fordham Foundation While the overarching goal of these The notion that students learn sci- year. The county chips in with as showed that U.S. secondary schools reform efforts is to ensure K-12 teachers ence best when they plan and execute much as several thousand dollars ranked last in mathematics and second have sufficient content knowledge to experiments, explore questions about yearly per educator. to last in science achievement out of the teach science, mathematics, and technol- direct and indirect evidence, and offer Based on funding increases 23 countries. ogy, the cornerstone of the initiatives explanations to justify their conclusions, from the county, the district will “Fewer than one-third of US 4th- is to train teachers in inquiry-based appears sound. However, the success of be able to create 11 new teaching grade and 8th-grade students performed learning, a pedagogical strategy that inquiry-based learning largely depends positions this year. CJ at or above a level called ‘proficient’ in has students constructing their own on the teacher’s content knowledge and mathematics,” according to the National knowledge through discovery. skill in using open-ended inquiry. CJ CAROLINA September 2007 JOURNAL Education  JLF: Math Scores Not Tied Commentary To Time in the Classroom Carry on the Fight By CJ STAFF eptember has always signaled lina. Now the state’s pre-eminent RALEIGH a time of new beginnings for education resource network, the orth Carolina cannot fix its ailing me. Years of teaching con- alliance provides North Carolinians public school systems by man- Sditioned me to associate the start with timely and comprehensive dating longer school days or a of each school year with promise data on K-12 education. Alliance Nlonger school year, a recent John Locke and change. While my days in the publications focusing on tuition tax Foundation Spotlight report says. classroom have long since ended, credits, teacher quality, and charter “The General Assembly has not yet early autumn days still schools highlight innova- translated chatter about longer school awaken a desire for per- tive solutions to public days and a longer school calendar into sonal and professional education problems. legislation,” said report author Terry challenges. In several key ar- Stoops, JLF education policy analyst. This year is no dif- eas, our calls for change “But both ideas are gaining favor. Like ferent. While my com- have been heeded. The proposals to reduce class size or raise mitment to speaking out Department of Public the compulsory school attendance age, about the need for edu- Instruction now releases these ideas promote facile solutions to cation reform remains graduation rates that complex problems.” steady and strong, it is accurately portray the Supporters of the longer school day time for my advocacy seriousness of education and longer school year point to practices to shift. Beginning Sept. Lindalyn attrition in our state. in other countries, Stoops said. But re- 1, I will step into a new Kakadelis Policymakers are search into math scores around the globe role at the John Locke weighing the benefits of shows extra instructional time does not Foundation, as a daily implementing a system translate into higher scores. commentator on break- of merit pay based on “More is not necessarily better,” ing state and national education teaching competency. In July 2005, Stoops said. “American students already benefits, a longer school day and longer news for the organization’s blog, a group of reformers launched receive the equivalent of four more school year could have major budget the Locker Room. Parents for Educational Freedom weeks of math instruction than students impacts, Stoops said. “You can’t just tack I leave the North Carolina in North Carolina, the state’s first in the average nation linked to the Or- another hour at the end of the school Education Alliance at an auspicious organization dedicated solely to ad- ganization for Economic Cooperation day,” he said. “School systems could face time. A look back shows how far vancing the cause of school choice. and Development. But U.S. students’ considerable costs as they redesign their we have come. In spite of these significant standardized math test scores rank 27th educational programs, offer extra train- In 2000, as I was completing advances, there is work yet to do. out of 39 OECD countries.” ing, and boost funding for additional my second term on the Charlotte- The cap on charter schools was Only two of the five highest-per- staff and resources.” Mecklenburg Board of Education, filled long ago, leaving more than forming countries M a s s a - the foundation offered me the op- 5,200 children to languish on wait- offered more math chusetts public portunity to manage the Children’s ing lists. I believe it is only a matter instruction each schools budgeted Scholarship Fund of Charlotte, a of time before the public demands week and each year “More is not necessar- an extra $1,300 charity providing more than $3 that the General Assembly remove than the average per student for a million in tuition assistance to low- the cap. U.S. school, Stoops ily better. American stu- longer school day, income families. Over the coming year, I will said. “Among the Stoops said. “Ap- For three years I worked continue to work with charter- nations with the dents already receive plying that figure closely with donors, schools, and school advocates, confident that worst scores, three the equivalent of four to the average-size families to ensure that poverty reformers will introduce legislation actually offered North Carolina el- would not be a roadblock to school to raise or remove the cap in the more math in- more weeks of math in- ementary school, choice. In 2003, the scholarship pro- legislature’s 2009 session. struction each year taxpayers would gram separated from the founda- Additionally, school choice than American struction than students in spend $656,000 tion, launching successfully under remains elusive for many N.C. schools,” he said. the average nation.” per year per school the administration of the Founda- families. Since support for wide- “There is no con- to lengthen the tion of the Carolinas with an ad- spread choice programs starts at sistent relationship school day here,” ditional $3 million donation. the grassroots level, I plan to work Terry Stoops he said. “Even a between in-school John Locke Foundation Once the scholarship fund locally to educate citizens in Meck- instructional time five-school pilot became autonomous, foundation lenburg County on the benefits of in mathematics Education Policy Analyst project could cost officials asked me to direct their choice while serving as a board and the country’s nearly $3.3 million special project on education, the member of Mecklenburg Citizens average score on a year.” North Carolina Education Alliance. for Public Education. this standardized math test.” Flexibility is I accepted the position, convinced In this, my last monthly The findings extend beyond math the key, Stoops said. that my simultaneous service on column, I would like to express instruction, Stoops said. “Authors of “Although it is not the panacea traditional and charter school my considerable appreciation to a 2004 Pennsylvania State University that advocates make it out to be, an boards had equipped me well to the hundreds of individuals who study found no statistically significant extended school day and year might understand the complexities of the invited me to speak at various civic correlation between instructional time help students who could benefit from education system. And so it has: organizations over the last four in math, science, reading, and civics and high-quality supplemental instruction,” Over the past four years, I have years. Your commitment to educa- test scores on international assessments he said. “That’s why parents should traveled the state extensively, meet- tional freedom is making a differ- of those subjects.” have the option to send their children ing with parents, legislators, educa- ence. Whatever you do, stay in the High-performing countries are to a school with an alternative schedule, tors, and citizen activists working fight. CJ successful because they employ strong which may include longer or shorter to solve our state’s entrenched, leaders, focus on measurable results, days, if parents believe it to be in the systemic education problems. and maintain high expectations for all best interest of their child’s education. I depart convinced of the Lindalyn Kakadelis has been the teachers, parents, and students, Stoops Otherwise, the measure becomes one in alliance’s critical role in shaping director of the North Carolina Educa- said. “That sounds like a good game plan a long list of one-size-fits-all reforms that and influencing the direction of tion Alliance since its inception in for our public schools, too.” invariably fail to deliver on the promise education reform in North Caro- 2003. Along with dubious educational of increasing student achievement.” CJ September 2007 CAROLINA 10 Education JOURNAL

School Reform Notes Effort to control?

All but one left behind ‘Virtual Charters’ Targeting Home-schoolers Only one Robeson County middle school met standards of By DAVID N. BASS anything like that, they have to teach the No Child Left Behind Act, Contributing Editor over the curriculum that is approved,” which leaves parents with few RALEIGH Smith said. “That doesn’t prevent them, options for getting their children he school-choice movement outside the time they’re getting credit, into a better school, The Fayetteville broadly supports charter schools to augment [teaching materials] with Observer reports. as a better alternative to the tra- Christian curriculum, but if they want to Tditional public school system, but many be in compliance with the program, they Parents usually have the op- tion of transferring their child to home educators are concerned that have to use whatever the charter school a school that met its goals on the online, or “virtual,” charter schools are provides by way of curriculum.” state tests. But because so many being used to regain control over what One example of a virtual charter middle schools in Robeson failed home-school students are taught and school that has faced opposition from to make adequate yearly progress, perhaps lure them back into the public home educators is the Interior Distance that option is not available. education system. Education of Alaska, a statewide pro- L. Gilbert Carroll, a fifth- and Virtual charter schools are par- gram created in 1997 that claims to be sixth-grade school in Lumberton, ticularly attractive to home-schoolers specifically tailored to the needs of home- is the only middle school that met because they provide government funds school families. The program provides its goals. for school materials and allow parents a per-student allotment of up to $2,000 Fifth- and sixth-graders at a to supervise the learning process at annually for expenses such as textbooks, middle school that did not meet home. In exchange, parents must abide school supplies, and field trips. standards would be able to attend by a government-imposed schedule and an elementary school that has restrictions on what curriculum can be Faith-based prohibition those grades. Students in seventh taught. A similar program, the Idaho and eighth grades, however, are According to Michael Smith, presi- Distance Education Academy, explic- in limbo. dent of the Homeschool Legal Defense Like traditional charter schools, itly prohibits curriculum funds from School officials have two op- Association, an organization dedicated virtual charters have faced opposition being used to purchase “faith-based tions: they can provide additional to defending the legal rights of home- from the public school establishment. or doctrinal materials.” Of concern to tutoring and supplemental servic- school families, many virtual charter Public school districts are generally not home-schoolers who value flexibility, es or they can call on neighboring school programs are being marketed to supportive of virtual charters, Consoletti the program establishes a mandatory school systems to open their doors home schoolers. said. attendance policy, with middle- and to Robeson County students who “There is definitely advertising “School districts don’t think it’s high-school students required to partici- want to transfer. directed toward the home-school com- fair that virtual schools receive the same pate in “school” for a minimum of 990 School officials say even if munity,” he said. “Look what we have amount of money per pupil because they hours per year. In addition, parents are some parents want to go that route, for you — we can pay for your books, do not have buildings and therefore required to login electrically and report neighboring counties are probably extracurricular activities, a computer, don’t have the same maintenance [costs] any student absences. not going to have room. and all you have to do is sign up.” as a traditional school,” said Consoletti, The Idaho Coalition of Home A growing movement pointing to a years-long court battle in Educators has raised concerns about Pennsylvania over the 11 virtual charters the I-DEA program, pointing out that Back to hand-holding Research gathered by The Center in the state as evidence of public school public school districts have an incentive Briana Brown, 14, envi- for Education Reform shows that virtual opposition. to recruit students since they receive gov- sioned her first year at Dudley charters have grown over the last few Recently, a Wisconsin judge ruled ernment funds for each student enrolled High School in Guilford County years, jumping from 89 schools nation- against a teachers union that had filed in the online classes. School districts as a liberating transition from the ally in 2002 to 178 schools in 2006. Vir- a lawsuit against the Wisconsin Virtual can use the extra dollars to supplement hand-holding middle school years tual schools exist in 19 states and serve Academy, a K-8 virtual charter. The funds from traditionally enrolled public to the more adult responsibilities more than 93,000 students. More states, union charged that WVA violated state school students, according to ICHE. The of high school. including South Carolina, are changing law by having parents rather than public home-school organization also claims But Brown, 14, found herself their charter school laws to allow virtual school instructors educate students, ac- that I-DEA allows public schools to enrolling a year after Gov. Mike schools. cording to the Milwaukee Journal Sentinel. receive credit for the achievements of Easley ordered 35 low-perform- North Carolina’s charter school The state Department of Public Instruc- home schoolers. ing high schools, including five in law does not specifically authorize tion filed briefs in the case supporting Smith said that money is “prob- Guilford County, to reform their virtual charter schools, according to the union’s position. ably the primary reason” that virtual instruction to boost test scores, Alison Consoletti, director of research charters are targeting home-schoolers. the News & Record of Greensboro for CER. Local school officials and state Home-schoolers concerned “The difference between what it actually reported. policymakers have appeared reluctant costs them to administer the program In contrast to why the public Brown learned this month to authorize both virtual and traditional and what they get from the state goes school establishment opposes virtual that, as part of that reform, fresh- brick-and-mortar charter schools. De- directly to [the virtual charter],” Smith charters, many home-school parents men will take two semesters of spite repeated attempts over previous said. He said that, in some cases, public are concerned over the potential for math and reading courses, attend legislative sessions to increase the num- schools might be trying to influence these schools to infringe on educational classes and eat lunch together, and ber of charters allowed under state law, what children are taught by using virtual freedom and flexibility. carry special cards that identify the General Assembly has kept the cap charters as a kind Trojan horse. “A private home education is re- them as first-year students. at 100 schools. “There have been efforts to take the ally a liberty issue, and it’s very tough This fall, Dudley and Smith According to an article in the regulation of those who are under the to see how a government operated home high schools will debut a new spring 2005 edition of The North Carolina virtual charter schools who are teaching school could be in the best interests of lib- teaching model called Talent De- Journal of Law and Technology, some North their children at home and apply it to erty for home education,” Smith said. velopment as part of their reform Carolina school districts have turned all of the home-schoolers,” Smith said. Because virtual charters are efforts. down applications for virtual charters in “It looks like a good way to regulate still under the curriculum and test- Andrews High School im- the past. For example, Charlotte-Meck- home-schooling, and that is the problem ing requirements of traditional public plemented the program, created lenburg Schools rejected an attempt to with these programs long term. They schools, home-school parents lose the 13 years ago at Johns Hopkins open a virtual charter known as New may look good now, but I have no doubt right to choose faith-based materials. University, in 2006. CJ Connections Academy in 2002, citing that the government, somewhere down “unanswered questions” about the ef- “If [parents] want credit for this, if they the road, will try to tighten up on all of fectiveness of virtual charters. want a diploma later or a transcript or the home-schoolers.” CJ CAROLINA September 2007 JOURNAL Education 11 Al Gore Heads Gov.’s School Summer Film Choices

By PAUL CHESSER At GSW the as foul language, “Pan’s Labyrinth,” had a brief descrip- Associate Editor list was pared nudity, violence, tion for parents which explained that RALEIGH from previous or sexual con- it was “rated R for language and some he Governor’s Schools of North years, down to tent). Five of the violence,” but one Web site provided a Carolina completed their six- seven. Included mandatory pic- graphic account of the violence in the week sessions in July, and while are the Alfred tures were rated movie. Tthe diversity in worldviews of instruc- Hitchcock clas- “R:” “The Con- A few GSE parents believed the tors is largely unknown, the movies that sics “Vertigo” stant Gardener,” movie list, which was not shown to them students were exposed to is documented and “Psycho,” “Grizzly Man,” until the day they dropped off their chil- and easy to research. which were part “The Lives of dren for the session, should have been Governor’s School is administered of a presentation Others,” “Pol- provided earlier for their review. Angie by the state Department of Public In- called “The Art lock,” and “V for Chevallier of Raleigh, whose daughter struction, and brings 400 high school of the Montage.” Vendetta.” Over- Kaila attended for her musical abilities, students each to two college campuses in Foreign films all, 19 of the films thought the movie explanations were North Carolina. The academically or ar- dominate the rest were “R”-rated, insufficient and that parents should tistically gifted teenagers are nominated of the list, includ- and eight were have been given more time to examine by their schools and are selected based ing Akira Kurosa- rated “PG-13.” the selections. on their special talents. The taxpayer- wa’s “The Seven T h e r e m a i n - Another parent, Scott Campbell funded budget is about $1.3 million Samurai,” Jean- der were either of Pender County, said it seemed the annually for the program. Luc Godard’s “PG” or not rat- planning process for both seminars and This year the movie list for Gover- “ B re a t h l e s s , ” ed, with several films was left until the last minute, giving nor’s School East, conducted at Meredith and Michelan- older films and parents and students inadequate time to College in Raleigh, was much longer gelo Antonioni’s documentaries prepare for what they would encounter than that at Governor’s School West, “L’Avventura.” included. at Governor’s School. conducted at Salem College in Winston- All the pictures M i c h a e l “They should have some idea what Salem. GSE provided a list of 43 films to shown at GSW McElreath, in his they’re going to do more than a week Carolina Journal that it planned to show this year were first year as direc- ahead of time before the school starts,” in portions or in their entirety, with 13 of made before 1960. tor at GSE and a professor of history at Campbell said. them mandatory for students to attend In prior years GSW showed more Meredith College, said faculty members McElreath said, “We’re trying to (unless their parents objected before- pictures, many of which were made more who lead seminars and classes made the meet everyone’s needs the best we can” hand). The remainder was either to be recently. One film, “American History film choices. He said there is no formal with the information they provide to excerpted for larger class discussions, X,” had been shown until last year, when review process for the selections beyond parents. or shown in full for optional student the Alliance Defense Fund threatened that, but that he personally looked over Asked at what point he thought activities. After opening day (June 17) litigation because of its explicit subject the decisions. He said none of the picks parental responsibility should overtake GSE added two more required pictures matter. this year troubled him. the schools’, McElreath said, “I think — including the controversial Al Gore This year both schools provided “But if there was something on the parents would come down across a film on global warming, “An Inconve- lists to parents, as well as forms to sign list that I was concerned about, I might broad spectrum of opinion on that.” nient Truth” — as well as four others to that enabled them to have their children go to that faculty member and ask them He said some would want every single be used in social science classes. opt out of certain films if they wished. if another choice could accomplish their detail, while others might entrust those Also shown was “End of the GSE’s information to parents in- purpose,” he said. decisions to their children. Spear,” the true story of the martyrdom cluded several-sentence synopses for McElreath also said the faculty “I think we’ve given enough of Christian missionaries in the Amazon each choice, their Motion Picture Asso- composed the summaries provided to detail that if [parents] want to go get during the 1950s, and the subsequent ciation of America ratings, and for the parents, but suspected that much of more information on it, they can in the religious conversion of the violent tribe films categorized for mature audiences, the information comes from Internet age of the Internet,” he said. “They can that murdered them. the reasons for their “R” ratings (such sources. One optional film shown at GSE, access it as easily as you did.” CJ

7
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N.C. campuses will sponsor an impressive array of events about New Law Makes Lateral-Entry Teaching Easier liberty and markets in the next few weeks. By JIM STEGALL Contributing Editor • The North Carolina His- RALEIGH tory Project and the Intercollegiate he General Assembly passed a law Studies Institute will sponsor a this summer that makes it easier lecture by political scientist James for community colleges to get into Tthe teacher training business. Stoner, “Science versus Tradition at the American Founding,” on Oct. Advocates for teachers applaud 2, at N.C. State (4 p.m., room to be the move, and community colleges are announced). Stoner will discuss lining up to take advantage of their the Founders’ views of how both newfound authority. But the state’s tradition and reason played a role universities, which have had a virtual in establishing the United States. monopoly on teacher training for de- cades, will still have a significant say in how the teachers are trained. • The Bradley Institute for For years the only route to an N.C. the Study of Christian Culture at teaching license was through a school Belmont Abbey College, in Belmont, of education at the college or university N.C., will conduct a symposium The UNC System has increased its collaboration with community colleges to try to meet level. In order for the state to grant a on “American Ideas of Liberty and the critical need for teachers and nurses. license, an applicant had to affiliate with Virtue: Political, Religious and In addition, two key restraints at a university, the partnership agree- an approved school of education and Philosophical Dimensions” Oct. were placed on the program. In order to ments stipulate a division of responsi- complete whatever course work that 19-20, at the school. The headline participate, a student had to have held a bilities between the schools. Community school deemed necessary. speaker will be Peter Augustine bachelor’s degree for at least five years colleges are responsible for training on But with the need for teachers Lawler, Dana Professor of Govern- and already be employed as a teacher six of the nine “competencies” required far outpacing the university system’s ment at Berry College. He edits by a school system. by the State Board of Education for a output, recent years have seen school the quarterly Perspectives on Politi- Few prospective teachers were able teaching license, while their university systems turn increasingly to “lateral en- cal Science and is a member of the to take advantage of the program. The partners handle the other three. try” teachers to keep classrooms staffed. President’s Council on Bioethics. hundreds of aspiring lateral-entry teach- Asked about the lobbying effort Lateral-entry teachers already have at ers at Sandhills and Central Piedmont over the bill, UNC system lobbyist least a bachelor’s degree and usually who were already enrolled in teacher Andy Willis credited system President • The Johnston Center for some real-world experience in their training courses were allowed to finish, Erskine Bowles with being committed Undergraduate Excellence at UNC- fields, but they have not been formally but applications for the new program to making the system more responsive Chapel Hill will sponsor “Making trained as teachers. Once on the job, lat- were sparse. to the state’s needs. Private Capital Work for the Poor” eral-entry teachers must still complete a Dr. Amy White, in charge of new- “Erskine is really trying to partner as part of the Frank Porter Graham required body of course work in teaching teacher training at Central Piedmont, with community colleges, especially as Lecture Series. The event will take methods and theory in order to receive said, “The initial program was very regards our high-needs areas such as place Oct. 1, at 7:30 p.m. in Memorial full certification. restrictive; there was lots of interest but nurses and teachers,” he said. He down- Hall. British Foreign Office Minister The growing demand for lateral- and former U.N. Deputy Secretary not many could take advantage.” played any concerns about the possible entry teachers prompted at least two The disappointing results led Rep. loss of students, positions, or revenues to Gen. Sir Mark Malloch Brown will community colleges to begin offering discuss the ways in which private Joe Tolson, D-Edgecombe, a retired the system’s schools of education. education courses to prospective teach- educator and author of the 2005 law, to Community colleges are eager capital can foster development in ers earlier this decade. At the time, there poverty-stricken areas. introduce a bill this year removing the to take advantage of the new arrange- was no law that specifically prohib- restrictions. ment. ited community colleges from offering • The Program in Public Law “What we were finding was that Community colleges spokes- teacher training in competition with at Duke University will sponsor a the five-year service requirement was woman Audrey Bailey said that as of university schools of education. lecture by Jay Sekulow on Oct. 15, at a problem,” Tolson said in a telephone press time at least 26 of the state’s 58 By 2005, Sandhills Community 12:15 p.m. in Room 3041 of the law interview, “especially with the wives community colleges had been approved College in Pinehurst and Central Pied- school. Sekulow, chief counsel for of soldiers who are stationed here who to offer lateral-entry teacher training in mont Community College in Charlotte the American Center for Law and maybe have a four-year degree and partnership with a college or university. had hundreds of students enrolled in Justice, has argued several land- would like to teach.” Others are waiting to see how the new teacher training courses. mark cases about religious liberty This time the university system programs work out before committing That got the attention of the uni- before the U.S. Supreme Court. did not oppose the changes. UNC sys- resources to one of their own. versities. Fearing that many of their own tem spokeswoman Alisa Chapman said White said she is optimistic about students would bypass the university • Duke Law will sponsor an system leaders were consulted on the the future of the program. schools of education in favor of earning all-day conference on “The Court legislation, and in light of the pressing “At this point the biggest diffi- teacher certification later at a commu- of Public Opinion: The Practice teacher shortage saw the need for a culty is getting the word out about the nity college, the universities asked for and Ethics of Trying Cases in the change. changes,” she said. changes. In 2005 a law was passed that Media” on Sept. 29, in Rooms 3041, “We recognize the great need for Professional Educators of North ostensibly legalized what Sandhills and 3043, & third floor loggia of the law teachers in our state, and we know we Carolina, a professional association school. Central Piedmont were doing, but added have to collaborate with the community for teachers that has long supported some significant restrictions. college system to meet that need,” Chap- lateral entry, issued a statement prais- • The Pope Center’s confer- Under the legislation, community man said. “We are committed to working ing Tolson for his work on the bill. ence on “Building Excellence into colleges were allowed to “partner” with with the community colleges and this is Evelyn Hawthorne, government rela- American Higher Education” will university schools of education to offer one area where we can.” tions consultant for the group, said lat- be held at the Hilton RDU Air- teacher training courses. The schools of The collaboration was made much eral-entry teachers enhance education. port/Research Triangle Park Oct. education would still have final say over easier by the fact that before the law was “As a mom, what’s important to approved, the two systems had already me is to have teachers who can do the 26-27. (See George Leef’s article what courses each aspiring lateral-entry worked out how to split the workload job best and in such a way that makes about the keynote speaker, Harry teacher had to take in order to be recom- between them. Although the law does the classroom experience translate to real Lewis, on Page 14.) CJ mended for full certification, but some of the courses themselves could now be not specifically require that lateral-entry life,” said Hawthorne. “Lateral-entry taught at the community college. students take any portion of their classes teachers do that well.” CJ CAROLINA September 2007 JOURNAL Higher Education 13 Budget a Big Victory for Bowles, Commentary Easley, But Mixed for Taxpayers Still Puzzling Over Learn and Earn

By SHANNON BLOSSER Bowles’ Success ne of the most puzzling College. The reporter wrote: “The Contributing Editor education programs I have classes are honors level, and the Bowles showed not only his leg- CHAPEL HILL come across is Learn and course load is heavy, said Principal islative abilities but those of his staff his summer, N.C. lawmakers ap- OEarn, which the General Assembly Victoria McGovern.” as well. Viewing the House budget, proved a state budget that called recently expanded with $6.2 mil- This heavily academic work- released in May, as less than satisfactory, for $1 billion more education lion for the next two fiscal years. load is going to prevent dropouts? Tspending than last year. Bowles and others went to work on the Learn and Earn, initiated Well, it turns out that Learn Gov. Mike Easley and UNC Presi- Senate to advocate for their programs. by Gov. Mike Easley in 2004, is and Earn isn’t a program to reduce dent Erskine Bowles were big winners as The result was a Senate budget that an “early college” program com- the high school dropout rate, after they shepherded was, for the most part, a copy of UNC’s posed of small high schools mostly all — at least not now. Joseph their spending budget request, and the final document on community college Garcia, vice president proposals through funded UNC’s biggest priorities and campuses. Students of the North Carolina the legislature. some additional programs. can progress through New Schools project, For taxpayers, of UNC received a 5 percent salary high school and get an which operates the course, the spend- increase for faculty, while other UNC associate’s degree in program with the state ing was more of a employees received a 4 percent raise. only five years of school. DPI, told me explic- mixed bag, and a Most state employees got a 4 percent Since all of it is free to itly that Learn and costly one. increase. Also, the ECU Dental School the student, the success- Earn is “not a dropout T h e 2 0 0 8 received $1 million for continued plan- ful graduate obtains the prevention program,” budget totaled ning funds and $25 million for site equivalent of two years although reducing $20.7 billion. UNC UNC President development and construction. Jane of college virtually with- dropouts might be makes up 12.6 per- Erskine Bowles A total of $36 million was approved Shaw out charge. “among measurable cent of the budget, for need-based financial aid, which will This program outcomes.” He was receiving a $2.6 billion total appropria- also be funded through the Escheats tion. The community college system re- was supposed to reduce the high “not familiar with him (the gov- Fund. Bowles and others also gained ceived $938 million. These figures do not school dropout rate, as these state- ernor) ever calling it a dropout support for the North Carolina Research include significant capital expenditures, ments indicate: prevention effort.” Garcia has been Campus, an initiative by Dole Foods’ which will be funded by bonds that do • “Gov. Mike Easley today with the program about a year. David Murdock on the site of the former not need voter approval. announced a new program de- So what is it? A subsidy for Pillowtex plant in Kannapolis. signed to provide incentive for the middle class. Situated on col- Combining one-year and recurring high school students to remain in lege campuses, backed by special Easley’s education initiative funds, the campus school, earn an associate’s degree funding, and free, these schools gets $16.5 million, Easley received much of what he and prepare them for high skill will attract normal kids who have wanted for his Education Access Re- which was $26 jobs in new and emerging in- no intention of dropping out, plus wards North Carolina Scholars (EARN) million less than dustries.” (Press release from the some extra-smart kids who want program. The new program would give the requested governor’s office, Sept. 8, 2004.) college credit, and, of course, two years of tuition, a total of $4,000, to amount. • The “measurable out- savvy parents who vote. For a students from families who make 200 U N C r e - comes” of Learn and Earn will politician, the parents are a dream percent or less of poverty-level income. ceived $4.2 mil- include a decrease in “dropouts, constituency. For example that would include families lion for its online suspensions, retention, achieve- What sold the program to the of four that make less than $41,300 annu- education efforts ment gaps, violence.” (PowerPoint public in 2004 — alarmed about ally. Easley estimated that the program in recurring and presentation by the Department of the fact that 40 percent of N.C. would cost $150 million over the next n o n - re c u r r i n g Gov. Mike Easley Public Instruction, Sept. 8, 2004.) ninth-graders never graduate from two years. funds. Legislators • “The primary goal of high school — might not have the Easley marketed the plan by say- also funded im- Learn and Earn is to increase same selling power once the pro- ing that a student who obtained an provements in the Gateway Technology preparedness for work and col- gram is in play. associate’s degree from a Learn and Center, a distance education center at lege, graduation rates and the What does the governor say Earn program (the state’s “early college” North Carolina Wesleyan College, and number of high school graduates now? This past July, the governor program, which covers two years of col- established a fund to increase cancer and to decrease dropouts, sus- wrote that the program “began by lege) could take advantage of the EARN research at UNC Hospitals. Scholarship for the last two years of pensions, achievement gaps and aiming at students from families school and graduate from college “debt Taxpayers violence.”(News release from the where no one had ever attended free.” He also said EARN scholars would community college system, Feb. college. But success and interest have to work 10 hours a week. Taxpayers will foot a substantial 17, 2005.) has been so high that Learn and Easley received only $27.6 million higher education bill, much of which Frankly, this doesn’t make Earn is now open to all students.” for the plan for 2007-08, but he received falls beyond the traditional educational much sense. The idea that you In other words, it was sold his full request of $100 million from the mission of universities. For example, could get kids who don’t like as a program for disadvantaged 2009 budget. Legislators wrote into the the community college system received school to stay in for an extra year, students, potential dropouts. Once budget that $60 million would come funding for a hosiery technology center do more demanding work, and not the funding is in hand, it is “open from the General Fund, while the other and UNC received money for shellfish drop out seems wacky. Potential to all students.” $40 million would come from the Es- restoration. dropouts, by definition, don’t val- I guess that’s politics. CJ cheats Fund, an unclaimed-property Lawmakers expressed concern ue the first degree (the high school fund that lawmakers often use to supple- about spending that might be outside diploma) very highly. Why would ment programs. the realm of education. For the 2009- they be willing to work hard for a Jane S. Shaw is the executive Lawmakers also removed Easley’s 2011 biennium legislators stipulated second one? vice president of the John William requirement that students must work that the UNC system must submit an Then I read an Aug. 5, 2007, Pope Center for Higher Education 10 hours a week. To be eligible in the itemized budget request and that re- article in The Charlotte Observer Policy in Raleigh. Alyn Berry, an in- second year, “the student must meet quests must include “a justification for about the Learn and Earn school tern with the John Locke Foundation, achievement standards by maintaining the existence of each activity as aligned at South Piedmont Community provided research assistance. satisfactory academic progress,” accord- with the mission of The University of ing to the budget language. North Carolina.” CJ September 2007 CAROLINA 14 Higher Education JOURNAL Bats in the Belltower Former Harvard Dean to Speak Academic Freedom ‘Imperiled’ At 2007 Pope Center Conference he headline in Inside Higher tial gift of money to a university to Education online Aug. 15 pro- establish academic research, discus- By GEORGE LEEF were all loved equally.” Contributing Editor As Lewis sees it, the trouble is claims “Pessimistic Views on sions, and classroom offerings, and RALEIGH rooted in a fact about the modern uni- TAcademic Freedom.” The accompa- the university accepts the gift to ach fall the John W. Pope Center for versity: It is run mainly for the benefit nying article describes the sour mood expand its offerings and opportuni- Higher Education Policy sponsors of the faculty. The professors usually about academic freedom expressed at ties to students and faculty, it has a conference focusing on issues in bend administrators to their will, which the annual meeting of the American “silenced” critics of the gift and Ehigher education. This year’s confer- means allowing them to teach pretty Sociological Association. program opportunities. Their use ence, which will be conducted Oct. 27, much whatever courses they want to Apparently, research by an of “academic freedom” as a trump has the theme “Building Excellence in and giving them lots of time to perform assistant professor of sociology card for expanding university offer- American Higher Education.” The key- research. at Harvard University, ings and opportunities note speaker will Promotion Neil Gross, found that is actually a trespass be former Har- is not based on a “greater percentage of against the academic vard dean Harry how well a pro- social scientists today freedom of the would-be Lewis. fessor conveys feel that their academic program stoppers. Lewis has information and freedom has been threat- According to many years of motivates his stu- ened than was the case this theory, academic experience as a dents. Reaching during the McCarthy freedom is on the side professor and ad- the nirvana of era.” Feel being the op- of those faculty mem- ministrator at Har- tenure depends erative word, of course. bers who wish to limit vard. Last year he on scholarly pub- A great portion of Jon research and avenues published a book, lication, so that’s Sanders the meeting focused on of study on campus. Excellence Without where most pro- Author Elizabeth the growing, decades- Potential donors are not a Soul: How a Great Keynote speaker fessors put their Harry Lewis Kantor old problem of political conserva- potential “friends of the university,” University Forgot efforts. tives being harassed on campus, to use recently discarded lexicon, Education. It spells out the reasons why “Great teaching can be viewed in shut out of faculty hiring commit- but instead are predators seeking Harvard, and most other colleges and academic circles as a kind of performance tees, denied tenure, discouraged to “chill” academic freedom on universities, are failing to live up to their art, fine if you can do it, but raising from pursuing academic jobs, and campus by funding expansions of publicity. doubts about the teacher’s seriousness as students, being told they aren’t programs, research opportunities, The most glaring as a scholar,” Lewis says. welcome in some classrooms, being and course offerings. defect Lewis addresses, At Harvard, graded negatively for their politics, But there is one donor who and which will be the the Business topic of his speech at S c h o o l e m - and facing other kinds of dispa- harms academic freedom not by the conference, is in phasizes teach- rate treatment and singling-out by funding research, but by withhold- the curriculum. In ing quality. “A instructors. ing funding from it — or merely by years gone by, most quarter mile from But of course, that last para- having researchers fear that they colleges and uni- Harvard Yard,” graph was completely facetious. might not be able to win its fund- versities required Lewis writes, “the Nothing of the sort took place, ing. That donor is government. An- students to devote Harvard Business especially as the topic itself would other session of the ASA discussed most of their credits School puts peda- have been unthinkable. No, the sort the possibility that some sociolo- to a core of courses gogy high on the list of problems discussed were those gists might avoid certain research that, by general as- of institutional mis- faced by Middle Eastern Studies topics out of fear of public criticism, sent, were crucial sions. Students who scholars “who were regularly criti- negative reviews from boards on to a well-founded move from the College cized by some pro-Israel groups for their own campuses, and especially education. to the Business School alleged anti-Israel or anti-American inability to attract federal funding T h e s e are astonished by the bias.” Some of the criticism is of (e.g., from the National Institutes of days, however, improvement in teach- their work, “not for what it says, Health). the idea that ing quality.” but for who [sic] it serves.” This problem is “self-censor- anything in the Another item on If that’s not bad enough, there ship” — a shameful degradation academic uni- Lewis’ bill of indictment is the issue of academic freedom of academic freedom whereby verse is more against Harvard, and being defined in ways that “limit taxpayers are not automatically i m p o r t a n t most other colleges and faculty rights.” This occurs when on the hook for whatever research than anything universities, is that the universities accept grants from topic any faculty member wishes else is repugnant to relativists, moral education of stu- philanthropies to support research, to investigate, no matter what, and who dominate the education system. dents is ignored. Universi- discussions, and classes on topics worse, are free to criticize those Why should a course on the history ties today go to great lengths to ensure that certain faculty members find topics out loud, even in legislative of the United States be “privileged,” a they have a faculty that is as “diverse” objectionable. Faculty members chambers. It was raised in a paper buzzword in educationist circles, over as possible, but they are not interested must, the argument goes, have the presented by a research associate a course on the history of the Maoris in in hiring faculty who can raise the moral ability to stop such projects, and at the Princeton University Center New Zealand? Why should a course on plane of students. using the “pious language” of aca- for Health and Wellbeing, Joanna British literature be privileged over a “Rarely,” Lewis writes, “do they demic freedom to justify expanding Kempner. She titled it “Erections, course on TV sit-coms of the ’60s? even suggest that professors should be Writing about the curriculum responsible for students as whole human the university’s research and course Mounting and AIDS: Incestuous review project at Harvard, Lewis says, beings during their crucially forma- offerings, therefore, is a “great Gay Monkey Sex (or seven words “The bottom line was that nothing in tive years, or that professors should be silencing mechanism” against the you can’t write in your NIH Harvard’s curriculum was held to be chosen, trained, or evaluated with that censorious faculty. grant).” CJ more important than anything else. objective in mind.” CJ If such doubletalk isn’t clear at Like a mother of quarreling children, first glance, here is the argument in Harvard looked at its thirty-two aca- George C. Leef is vice president for its essence: When a private philan- Jon Sanders is research editor of demic departments and their countless research at the John William Pope Center thropy voluntarily offers a substan- the John Locke Foundation. subspecialties and declared that they for Higher Education Policy. CAROLINA September 2007 JOURNAL Higher Education 15 Analysis Is Training NASCAR Workers a Proper Role for the State?

By SHANNON BLOSSER sports Consortium, which calls itself A 2004 report, “Motorsports: Contributing Editor to be placed within “Race City, USA.” A North Carolina Growth Industry CHAPEL HILL the state Commu- The NASCAR Tech- Under Threat,” played on these fears. ince the 1990s, NASCAR has nity College System. nical Institute offers The study’s authors, which included grown from a sport rooted in the The consortium is many of the same UNC-Charlotte’s Urban Institute and Southeast to an American institu- supposed to devel- programs available the Sanford Holshouser Business De- Stion with a fan base second only to that of op a curriculum to at UNC-Charlotte velopment Group, said that allowing the National Football League. Through- train students for and the community NASCAR teams to tap into the state’s out NASCAR’s history, North Carolina employment within colleges. One North Carolina Fund would help always has been among its central loca- the motorsports in- The biggest the teams stay in the state. It also argued tions, and the sport has done fine here dustry. According difference is that that the state should invest more in without government assistance. to the funding bill, the money would for-profit Universal Technical Institute, training facilities. Today the sport has its home base “provide specific leaders in particular not the state, operates it. If the demand “Pursuing the cutting edge of mo- in the state, with most of the teams in its areas of functions in order to improve for NASCAR workers continues to grow, tor sports technology would be a wise three main divisions (Nextel Cup, Busch the quality of learning and services for the institute can expand its operations strategic investment to make,” the study Series, Craftsman Truck) setting up shop the industry.” or NASCAR can find other ways to train said. “North Carolina can pull ahead of in the Charlotte region. Industry sources But is the training of future NAS- employees that don’t require any state other states to a pre-eminent position in motorsports technology by wise invest- claim that auto racing contributes $5 CAR employees a proper use of taxpayer expenditure. ments.” In plain English, that means that billion annually to the state’s economy money? Fundamentally, however, I believe the state should dangle incentives and and creates more than 24,000 jobs, most In my opinion, it is not. Consider that opening training facilities in the subsidies in front of the motorsports of them related to engineering, design, for a moment another industry in North state’s higher education institutions has industry just as it has been doing with and fabrication of the stock cars. Those Carolina that makes a similar economic little to do with students and education, many other businesses. are jobs that, for the most part, require impact in the state — Wal-Mart. The but everything to do with keeping the motor sports industry in North Caro- Truly “wise investments” can best a higher level of training than that of department store operates 146 stores lina. be made by team owners who will re- your typical auto mechanic. and distribution centers in North Caro- As late as 1996, North Carolina ceive the direct benefit of a better-trained Is it necessary, however, for the lina. The company spends $4 billion hosted six Winston Cup (now Nextel workforce. state to spend taxpayer money to set annually for merchandise and services Cup) events and one all-star race (The If for some reason NTI should up training programs for people who in the state and supports more than Winston, now known as the Nextel All- prove inadequate, industry leaders want to work in auto racing? N.C. law- 83,000 jobs. Building, maintaining, and Star Challenge). In 1996, North Wilkes- could partner with UNC schools or com- makers believe the state’s public higher running all those facilities requires a lot boro Speedway was closed and its dates munity colleges for training programs education institutions should offer that of knowledge, yet no one is calling for given to other locations. In 2004, North for which they bear the full cost. training to the racing industry. specialized training through the state’s Carolina Speedway in Rockingham lost North Carolina’s state schools go In recent years, a number of com- higher education institutions for Wal- its final race, though the track is still off their mission when they subsidize munity colleges in the state have opened Mart employees and contractors. Why used for testing and an occasional movie private commercial ventures by spon- training programs specifically geared to should it be any different for the training such as “Talladega Nights: The Ballad soring worker training programs, just as the needs of the auto racing industry. of an engine fabricator who may work of Ricky Bobby.” surely as Jeff Gordon goes off the track Also, UNC-Charlotte has a motorsports for Richard Childress Racing? When those tracks were closed when he turns right instead of left. CJ engineering program with a mission Since NASCAR has been thriving and dates given to out-of-state venues, to “promote the education of students for many decades, it’s evident that peo- primarily to schedule races in other in the broad areas of motorsports and ple have been learning what they need markets, N.C. officials feared that racing Contributing editor Shannon Blosser automotive engineering.” to know about engineering, design, and teams would follow. They might well go is leaving the John William Pope Center This endeavor was boosted re- fabrication of race cars somewhere. to states like South Carolina and Virginia, for Higher Education Policy to attend cently by a $500,000 state appropriation Privately, NASCAR has attached its which had established efforts to attract Asbury Theological Seminary in Wilmore, to help fund the North Carolina Motor- name to a training facility in Mooresville, more motor sports teams. Kentucky.

Concerned About Higher Education in North Carolina? So Are We!

The John William Pope Center for Higher Education Policy online carries up-to-date higher education news coverage and research on North Carolina universities.

popecenter.org Visit the Pope Center online at Looking out for today’s college students. popecenter.org September 2007 CAROLINA 16 Local Government JOURNAL Town and County N.C. Senate Denies Vote On Eminent Domain

Taxes and military housing By MITCH KOKAI Carolina. Amendment supporters dis- Associate Editor agreed. A federal judge has rejected RALEIGH “It’s not the end of economic de- an attempt by Onslow and Craven he chances for a statewide vote velopment parks,” said Rep. Jim Harrell, counties to assess property tax on on property rights protection D-Surry. “It just requires you to pay just privatized military housing, The dimmed this summer, when the compensation for that property. If the News & Observer of Raleigh reports. TN.C. Senate refused to endorse a consti- person isn’t willing to sell, then you The ruling cost the counties $1.75 tutional amendment targeting eminent have to go to another area. I know tons million in potential tax revenue for domain abuse. Voters will not address of land developers out there who are 2006, an amount that would have the issue before 2008. riding around looking at property. They increased to more than $2.5 million The Senate’s silence bothered some acquire the property. They then develop by 2012. groups that pushed for a vote on the that property. They don’t have the tool In 1996, Congress established amendment in the closing days of this of eminent domain, but they are still the Military Housing Privatization year’s legislative session. “It’s obvious successful in economic development. Initiative. The idea was for the that the intent is to not listen to the will Yes, they have to approach the property Department of Defense to work of the people,” said Joyce Krawiec, N.C. owner and pay them a fair market value with private developers to improve grass-roots coordinator for North Caro- for their property. That is economic the quality of its on-base housing lina FreedomWorks. “If you don’t have to development, and that is fair economic stock. Atlantic Marine Corps Com- vote on it, your constituents don’t have development.” munities LLC of Delaware won the anything to hold against you.” Once the Senate parked H.B. 878 contract to revitalizing housing Advocates had pushed for action Poster for Citizens Fighting Eminent Do- in the Ways and Means Committee, at Camp Lejeune Marine Base in this summer to help secure a statewide main Abuse property-rights advocates made their Jacksonville and the Cherry Point vote on the constitutional amendment case. “Of all our constitutional rights, Air Station in Havelock. The com- this fall. A vote in 2007 would have dorsed an unsuccessful constitutional none could be more vital to our contin- pany is demolishing 1,629 homes helped supporters avoid debate about amendment last year. ued sustainability as a free society as at the installations, while building scheduling a constitutional amendment This year, 92 representatives en- property rights,” Shanahan said. “We all 1,311 new units, and refurbishing during a legislative election year, said dorsed a similar measure. Under H.B. know the government figures every way 2,344 others under a 50-year lease Kieran Shanahan, chairman of the N.C. 878, voters would decide in the next they can take your dollars and cents from agreement. Property Rights Coalition. “Some folks statewide election whether to limit you. Now they want your property. It’s In 2005, Onslow and Craven are saying that if you put it on the bal- government’s ability to take property incremental, incremental, incremental. counties notified Atlantic Marine lot for the people to vote on in the 2008 through the eminent domain process If we don’t do something about it, we’re Corps Communities that they election cycle, it would politicize it,” except for takings tied to a public use. The going to lose those basic rights that our would begin assessing property Shanahan said. “This is fundamental: amendment spells out three exceptions: forefathers fought for.” tax on the properties. The com- property rights. So let’s take politics taking of a “blighted” property, taking of Local governments’ growing de- pany challenged the legality of the out of it. Property rights is not a Demo- property for access purposes, and taking mand for money will increase the threat action. crat/Republican issue. It’s an American of property that allows a “public use to of eminent domain abuse in future years, Federal Judge Malcolm J. issue.” be preserved or utilized.” Shanahan said. “At the federal level, Howard rejected the attempts at Debate about the eminent do- The amendment also would when they need money they just print taxation, finding the state had given main amendment focused on the guarantee prompt payment of “just it because they do deficit spending,” the federal government jurisdiction Senate for the last compensation” he said. “At the legislature, when they over the property, which would two months of the when property is need money, what do they do? They retain ownership at the end of the legislative session condemned, and go into the trust fund de jure, and they 50-year lease. that ended Aug. 2. “Property rights is not a it would guarantee take from the trust fund. The problem The amendment a constitutional with the local governments is they can’t debate reached the Democrat/Republican right of trial by print money and they can’t go and rob Chatham lot sizes Senate May 24, jury for all con- trust funds. So they have to increase after the House issue. It’s an American demnation cas- their tax base.” Chatham County is consider- voted 104-15 to es. That right is That means the problem of emi- ing increasing the minimum lot size endorse House Bill issue.” now guaranteed nent domain abuse is not going away, in unincorporated portions of the 878. Kieran Shanahan in state law, but Shanahan said. “Everywhere we travel, county. The possible move would Five days North Carolina is there’s a local story, and it resonates an attempt to slow rapid growth in later, Senate lead- NC Property Rights Coalition the only state that deeply with people,” he said. “So really the county. ers sent that bill does not include this amendment touches every corner of The county currently sets to their Ways and that guarantee in North Carolina. People are connected a minimum lot size of 1.5 acres. Means Committee. its constitution. because when you’ve been the victim County officials are considering That committee has not met since 2001. Bipartisan support included the of an adverse eminent domain situation increasing that to anywhere from “It sends a message they don’t want to endorsement of primary sponsor Rep. you never forget it. The people in the two to five acres. deal with it, which is exactly the message Dan Blue, R-Wake, a former House town don’t forget it, either.” “[The board] wants to reduce that the [Senate] leadership is sending,” speaker. “The government can negoti- There’s at least some hope that the impact on roads and schools, Krawiec said. “Some of the rank-and-file ate, just as private entities do,” Blue voters could address the constitutional and one way to do that is reduce the members are very much with us.” said during debate about the bill. “It amendment next year, according to a top number of lots available,” Planning The General Assembly changed offends me, and I think it offends you, legislative Democrat. “I would like to see Director Keith Megginson said to its property rights laws in 2006, in the thought that the government can it happen,” said House Majority Leader The News & Observer of Raleigh. the wake of a controversial June 2005 take my property, that I’m keeping up, Hugh Holliman, D-Davidson. “This has The move would keep de- U.S. Supreme Court ruling. In Kelo v. that I’m profiting on, that I’m prospering not been a problem in North Carolina, velopers from getting around the New London, the high court upheld a on, take it from me and condemn it as and we have a pretty strong statute. But county’s moratorium on new sub- Connecticut community’s decision to part of a bigger project, then convey it people on our side of the aisle believe divisions with 26 or more homes. condemn private property for a private to Wal-Mart or whoever else they want property rights are important.” At least one county commis- economic development project. to convey it to who then makes profit There’s no need to put off a con- sioner questions the move. “The Some lawmakers believed the on the land that I owned.” stitutional amendment because of 2008 more you increase lot sizes, the 2006 law solved the problems created Legislative critics cited concerns legislative elections, Holliman said. more you increase sprawl,” Com- by the Kelo decision, but property rights that new restrictions on government “Both parties really agree on this issue,” missioner Mike Cross said. CJ advocates argued for more protection. powers of eminent domain would limit he said. “I don’t think it hurts Democrats. Eighty-eight state representatives en- economic development in rural North I don’t think it helps Republicans.” CJ CAROLINA September 2007 JOURNAL Local Government 17

Alamance County case Commentary Ruling Allows Town to Extend Whose Property Is It, Anyway?

Its Extraterritorial Jurisdiction lanning, zoning, annexation, the spot zoning was allowed. By MICHAEL LOWREY the courts. Green Level challenged the and eminent domain are Depending on your perspec- Contributing Editor county’s April 19 action and appealed the issues on the frontlines tive, this is or isn’t a good story. RALEIGH after Superior Court Judge Narley Cash- Pof the property-rights debate in But the point is that we’ve come a .C. law allows municipalities well ruled in the county’s favor. North Carolina. Intended for the long way from having freedom on to extend their zoning regula- The county and town both agreed betterment of communities, zon- “your” personal property. Ordi- tions to cover neighboring that Alamance County did have subdi- ing is probably the most difficult nances and zones and setbacks and Nunincorporated areas under certain vision regulations and was enforcing of issues to understand. In simple a myriad of fees and regulations circumstances. Under state law, cities the State Building Code. At issue was terms, I’ve always viewed zoning prevent a great deal of freedom. and towns may do so without the con- whether the county had a valid zoning as where your rights end and your With the spot zoning in effect in sent of affected residents. The legality ordinance at the time Green Level tried to neighbor’s begin. This Camden, the rest of the of one such extraterritorial jurisdiction extend its jurisdiction. If the county had is where we are losing county is still forbidden extension was recently at issue before a zoning ordinance that it was enforcing, the most ground on to own mobile homes, the state’s second high- Green Level could not the property-rights depending on the zon- est court ruling that legally extend its juris- battle as we move ing. Alamance County acted diction. If county zon- slowly and inexorably In Raleigh, Smith- improperly in attempt- ing did not exist, then toward a more col- field Chicken N Bar-B- ing to stop the town Green Level’s adoption lective mentality and Que was fined $17,000 of Green Level from of extra-territorial juris- away from individual for pruning its trees extending its zoning to diction was legal under freedom. improperly. Yes, they unincorporated areas. state law. Camden County owned the trees, and Green Level is a Alamance County is a good example of the fine is outrageous. town in Alamance Coun- adopted a Watershed where good intentions In Jackson County, new ty with a population of Protection Ordinance in have gone horribly regulations might have more than 2,000. In mid-July 2003, town 1987, which was modified in 1997. The awry. Archie and Pa- an impact on the colors officials began looking into extending 1997 revision defined a watershed criti- tricia Sawyer had been living in a homeowners may use to paint their the town’s extraterritorial jurisdiction cal district, the balance of the watershed family home for decades. The home homes. In Sanford, signs more than to nearby unincorporated parts of the district, and stream buffers. The county was destroyed by fire. In the fire, 6 square feet in size are forbidden. county. What the town was consider- contended the 1997 revision amounted they lost their pet and Archie was Personal signs, regardless of size, in ing soon became public knowledge. to zoning and applied to the area that injured, leaving him with five days your yard are also forbidden. In December 2003, Alamance County Green Level was attempting to extend of skin grafts to repair his burnt Simply put, the erosion of informed the town of its view that state its jurisdiction to as it contained stream hands. Returning home (actually personal liberty is being replaced law required Green Level to obtain buffers. vacant land) the Sawyers decided by the will of the collective. county permission before extending The Court of Appeals was not per- to live in a tent until they could Along interstate highways, its extra-territorial jurisdiction. Town suaded by the county’s argument. replace their home. In fact, four motorists have greater rights than officials, however, after researching the “In light of the text of the 1997 or- generations of Sawyers had been farmers, whose fields are wilting matter further, came to a different con- dinance and the corresponding map, we on the property. in the heat. Obtuse as that might clusion. Town and county officials met cannot conclude that the 1997 ordinance Unable to afford a new sound, motorists have the right to discuss the issue, but they couldn’t extended zoning into the proposed ETJ traditional home, they wanted to to see the “open space” and the reach an agreement. area,” Judge Linda McGee wrote for put a doublewide mobile home on farmer may not have the right to Green Level planned a public hear- a unanimous three-judge panel of the their property. But zoning forbade sell billboard space on his property. ing on extending its jurisdiction May 6, Court of Appeals. it. Thus the only way the couple Zoning regulations are often 2004 but changed it to April 22 when “The language of Section 201 of the could get a mobile home onto the complex and they rarely become town officials learned that the county 1997 ordinance states that its purpose property was to rezone the prop- simpler. Also, the cost of compli- was taking steps to prevent the exten- is to ‘list and describe’ the watershed erty. Zoning officials weren’t happy ance and enforcement adds more sions. The town adopted an ordinance zones established by the ordinance, yet about the proposal and the plan- costs to goods and services. Thus extending the jurisdiction the same day nothing in that section refers to stream ning board rejected their request the growth of the collective rights as the hearing. buffers. Moreover, the provisions, which unanimously. over property rights creates costs The town’s pending move to ex- follow Section 201, describe in detail the Yes, mobile homes are being for all. tend its jurisdiction alarmed a number watershed critical area and the balance of eliminated, not for lack of need It is unlikely that local and of people who would be affected but watershed areas, and list allowed uses, (affordable housing) but because state governments will ever vote on who would have no say in the matter. prohibited uses, and density limits. No they’re not pretty, in the eyes of an affirmation of personal freedom. They formed a citizens group, Citizens such description appears in the 1997 strong zoning advocates. But state and local governments Against ETJ Expansion, and asked ordinance for stream buffers, which the Sawyer took his case to the should simplify their zoning and the Alamance County to “zone their County argues constituted zoning in the county commissioners, where regulatory efforts. In the process, property.” proposed ETJ area.” the staff attorney advised against they might also realize that per- At public hearing April 19, three The court also noted that the 1997 helping the Sawyers. He said that sonal property rights were one of days before Green Level’s action, the ordinance did not actually designate the move was a “spot zoning” and the primary reasons our ancestors Alamance County Commission heard any part of the land at issue as a stream that it would open the county up to broke ties with a monarchy and from citizens who “want[ed] to live in buffer or either of the two watershed all sorts of problems. Such a move created this great nation. CJ a rural setting, not a town; that Green classifications. would upset neighbors as well, he Level cannot control what it has; and that The appeals court found that Ala- said. Green Level has nothing to offer except mance County’s 2004 ordinance failed But the Sawyers had friends taxes.” The commission responded by to do so and thus was arbitrary and and neighbors on their side. Chad Adams is director of the amending its Watershed Protection capricious. More than 170 of them signed a Center for Local Innovation, vice Ordinance to provide greater zoning The case is Town of Green Level v. Al- petition in favor of the Sawyers’ president for development of the John control. amance County, (06-1304) and is available request and many of the petition- Locke Foundation, and a former vice Unsurprisingly, the dispute over online at www.aoc.state.nc.us/www/ ers showed up at the hearing. The chairman of the Lee County Board of whether the extra-territorial-jurisdiction public/coa/opinions/2007/061304- commissioners were moved and Commissioners. extension was valid ended up before 1.htm CJ September 2007 CAROLINA 18 Local Government JOURNAL

Local Innovation Bulletin Board From Cherokee to Currituck Toll Bridge Comes Up Short Gas Tax Freeze and Funding ilmington-area officials are changes. Convention centers, stadiums, he federal tax on a gallon of water that was never used over exploring alternative funding and movie theatres could, however, gasoline has not risen in 14 a five-year period that ended last approaches to build the Cape change the messages on their electronic WFear Skyway Bridge. Though proposed signs up to every eight seconds. years, and Congress is reluc- summer. as a toll road, revenues won’t come close James Moury, owner of the Up- Ttant to increase it. A cash crunch is Richardson residents paid $5 to covering the $971.5 million estimated per Crust Pizza Parlor, sued the city, fast approaching for the government million for 7.1 billion gallons of un- cost of the project, the Wilmington Star- contending that the new rules were trust fund that pays to build and used water from 2001-06. News reports. unconstitutional because they imposed repair highways and bridges, the Many North Texas cities such The Cape Fear Skyway Bridge is, as different regulations upon speech based Associated Press reports. as Plano were still growing when the name suggests, a bridge over the Cape upon who owned the signs. The city At the end of 2000, the federal they signed their current contracts, Fear River. The project would run 9.4 responded by suspending the rule until highway trust fund had a balance of which can dramatically influence miles from U.S. 17 in Brunswick County it and the City-County Planning Board almost $23 billion. By the end of 2006, take-or-pay’s impact. to the intersection of Carolina Beach had an opportunity to develop a new the balance had fallen to $9 billion. Increasing numbers of homes The Congressional Budget Office Road and In- re g u l a t i o n and businesses each year mean in- dependence that would predicts the fund will run a deficit creased water consumption. When of $1.7 billion at the end of 2009 and Boulevard in apply equally that’s the case, a city is more likely Wilmington. to all busi- $8.1 billion by the end of 2010. to set a new record usage amount States have begun looking The skyway nesses. and is less likely to fall prey to the would serve “ W e for other places for road-building mechanism that requires them to pay money. Indiana negotiated a $3.85 as an alter- would hope for water that is never used. native to the it would re- billion deal with an Australian-Span- But reforming the system for ish consortium to lease and operate Cape Fear s o l v e t h e cities whose water usage has lev- M e m o r i a l lawsuit,” said the Indiana Turnpike for 75 years. eled off is difficult. Changes must Voters in Washington state Bridge. City Attorney Ron Seeber. be approved by the district’s board, Transportation officials estimate Moury has indicated that he will approved a 14.5-cent increase in and then every member city must that toll revenues will be enough only meet with Greater Winston-Salem state gasoline taxes over a five-year approve. to allow for bonds to be issued that Chamber of Commerce officials to period. Negotiations are further com- would cover 55 percent of the cost of decide. In California, voters decided to plicated by the need to consult bond- the bridge. To issue bonds to fund the Chamber President Gayle Ander- borrow the money, approving bond holders before making any change to remaining $440 million would require son said the group was hoping to negoti- issues totaling $19.9 billion to be used take-or-pay provisions. identifying an additional $39 million a ate a deal to allow eight-second changes for highway and transit projects over year in dedicated funding. on electronic signs or at least allow exist- the next 10 years. Among the options being consid- ing signs to change their messages for Texas, Virginia, and Minnesota ered is charging a toll on the U.S. 17 15 years. The new electronic sign rules are among states that have built or Illinois property tax misery Wilmington Bypass. Portions of the high- allow signs that are the wrong size under are building high-occupancy toll Lawmakers in Illinois are lean- way are also known as Interstate 140. The the regulations to operate for 15 years lanes where drivers can pay to have a ing toward an overly complicated move would require the approval of the before they must be removed. congestion-free path before them. property tax bill that ultimately Federal Highway Administration. Whatever the solution, one scales back relief for most home- “Nobody, I don’t think, is in love thing seems certain: The public will owners. with toll roads, except when you have not support new taxes to throw Rezoning challenges Buncombe That measure is better than a $39 million gap annually, you have to money in the maw of the federal letting the current tax program ex- pay for it somehow,” said Bill Caster, Buncombe County adopted zoning government, says Rep. Peter De- pire this year, but neither is a very chairman of the New Hanover County regulations earlier this year. Now county Fazio, D-Ore., chairman of the House good solution, the Chicago Sun-Times Commissioners. commissioners will be dealing with a transportation and infrastructure says. Another option would be to have new, often contentious claim on their subcommittee on highways and The current program allows the General Assembly designate a fund- time: deciding rezoning requests. transit. people to exempt up to $20,000 of ing source. The legislature this year “It’s a new day,” Buncombe County their home’s taxable value. In Chi- failed to approve $18 million a year to Commissioner David Young said to the cago, where many areas experienced close a funding gap that would allow Asheville Citizen-Times. “This is some- construction of portions of the Outer double-digit increases when they thing we’re going to have to deal with Millions for unused water Loop as a toll road. were reassessed last year, the median on an ongoing basis. I think it’s going to So-called “take-or-pay” water tax bill this fall would rise by 18.4 make our jobs vastly different.” management systems require mem- percent if the program were contin- Buncombe County had been the ber cities to buy a volume of water ued as is. Without it, the median bill Winston-Salem alters sign rules largest county in the state that did not every year that equals a highest- would rise by 43.6 percent. have zoning. Regardless of whether a usage year — whether or not they Instead of supporting the Winston-Salem faces a consti- county adopts zoning, municipalities actually use that much. That can be $20,000 exemption, or even raising it tutional challenge to its new rules on can zone properties within their bound- a problem, the Dallas Morning News to $40,000, the legislature looks likely electronic signs. To better defend itself aries, and under certain conditions, even reports. to approve a new approach. against claims that the regulations vio- beyond. Of the state’s 100 counties, all Take, for instance, Plano and It would raise the exemption late the First Amendment, the city has but 23 have zoning. Richardson, Texas. Heavy rainfall to $30,000, then drop it to $24,000, stopped enforcing its new rules and is Buncombe’s zoning scheme has and drought conditions have alter- and then $18,000 before ending the working to change them, the Winston- nine resident and commercial clas- nated since 2001, when each city set program. Salem Journal reports. sifications, along with an Open Use a new maximum. Since then, neither It would grant new exemptions In May, the city adopted rules on District, where all but the most in- the size and operation of electronic signs. tense uses would be allowed zoning has reached its minimum water us- for homeowners who have been in Among those was a regulation on how approval. Facilities such as concrete age under take-or-pay. their homes for more than 10 years often the message on a sign could change. plants and amusement parks would Plano customers spent $12.1 and whose household income is For most businesses, the minimum time require a special-use permit even in million on 17.5 billion gallons of less than $75,000. CJ was two minutes between message the Open Use District. CJ CAROLINA September 2007 JOURNAL Local Government 19 Greensboro’s ‘Smart Growth’ Rep Spurs Projects By SAM A. HIEB grant. In 2004 Other plans “We’re learning and getting better Contributing Editor the city’s South- to redevelop all the time,” Schwartz said. “I’m sure GREENSBORO side mixed-use neighborhoods if the market could do it, it would do it. hough Greensboro has no official d e v e l o p m e n t started springing But in Greensboro, in any community, “smart growth” initiative in place, won a Nation- up. In 1999, the there will need to be some intervention the city is quickly establishing it- al Award for city announced from the city to help move the market Tself as a leader in European-style restric- Smart Growth plans for the along, or the market will produce what tive planning, as evidenced by recent Achievement. M o r n i n g s i d e isn’t going to be good for the neighbor- grants and national recognition. EPA Adminis- Homes Rede- hood.” That national recognition seems to trator Michael velopment Proj- Political pressure to promote be whetting city officials’ desire for more Leavitt praised ect, which City smart growth initiatives is strong, too. smart growth projects, with the help of the winners for Councilwoman In addition to Johnson, who is running taxpayers’ money to help fund them. their achieve- Yvonne John- against Kern for the mayor’s seat in Recently, Greensboro became one ments and chal- son described the November election, Greensboro’s of six cities to receive a Smart Growth lenged others as a “major real city council has two other members, Implementation Assistance grant from to “follow their estate develop- Florence Gatten and Sandy Carmany, the Environmental Protection Agency. example in pro- ment exemplify- who consistently issue warnings about The grant involves no money, but tecting the en- ing smart growth the city’s supposed poor air quality and comes in the form of technical assistance vironment and in an inner-city the need to increase subsidies for public through a team of national experts con- improving the neighborhood.” transportation, a key element in smart growth initiatives. tracted with the EPA. quality of life The $76 million Carmany is also on the board of After a visit over the course of of our great na- in funding con- directors for the Piedmont Author- several days, the team provides infor- tion.” sisted of a $23 ity for Regional Transportation, which mation to help the city “achieve its Southside Smart growth sites online, like the one above, million grant have plenty of articles about Greensboro. oversees the Heart of the Triad project. goal of encouraging growth that fosters is widely regard- from the U.S. Major components of the project include economic progress and environmental ed as a successful development. The Department of Housing and Urban high-density developments that will protection.” neighborhood, just a few blocks from Development, $12.7 million from the city, help preserve air quality and open space, “The big thing is the EPA wants Greensboro’s flourishing downtown, and $3.7 million from the Greensboro not to mention passenger rail service us to be successful,” Sue Schwartz, the had become an area of crime, drug-use Housing Authority. that would serve those high-density city’s neighborhood development direc- and prostitution. Now, the majority of Most recently, Greensboro has developments. But the political pressure tor, said in a phone interview. “They residential and commercial units are received grants from the EPA and HUD could possibly ease with the coming want to give us a product we can use.” occupied, and a large private project for environmental assessment and rede- city elections in November. Gatten, an But, she said, she “wasn’t sure what the financed by Milton Kern, a high-profile velopment activities in the city’s South at-large member, said she will not seek product piece will be.” Greensboro developer and mayoral Elm Street area. Together with city funds, re-election. Carmany will face opposi- When announcing the grant win- candidate, is springing up down the a total of $6.25 million will be used for tion for her District 5 seat from former ners, the EPA wrote that Greensboro’s street. planning and development. Guilford County Commissioner Trudy civic leaders “recognize that growth is But Southside got its start with the But the plan drew controversy Wade, who was a strong conservative coming to Greensboro, and they want help of taxpayers’ money. The city devel- when business owners on South Elm voice on that body. that growth to go in their downtown oped a Center City Plan identifying the Street complained that the city’s low- But the election won’t come in and inner neighborhoods. Putting more Southside area as a unique development ball offers to buy property wouldn’t time to prevent the council from pos- development in the center of the city opportunity because of its potential as cover relocation expenses. Despite those sibly voting to pass the U.S. Mayors will preserve land on the edge of town, a gateway to the city’s central business concerns, the city passed the plan in Climate Protection Agreement, which as well as make it easier for people to district, and in 1990 citizens approved a February. Schwartz said there would endorses smart growth principles. By walk, bike, or take transit.” $5 million bond to finance the develop- be several areas in which the city would passing the agreement, the city would Greensboro’s reputation with ment. Three years later, the Southside continue to be involved in smart growth pledge to reduce its carbon emissions the EPA obviously helped secure the Area Development Plan was adopted. development. to pre-1990 levels. CJ

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From the Liberty Library Movie review

• Author of The Conservative Michael Moore Gives Agitprop Another Shot Mind, Russell Kirk (1918–1994) was a principal architect of the American • “SiCKO” some members of Congress, including intellectual conservative movement. Dog Eat Dog Films Hillary Clinton, to help pass the Medi- In The Postmodern Imagination of Directed by Michael Moore care Modernization Act in 2005. But he Russell Kirk, Gerald Russello takes ignores the potentially revolutionary a closer look at his works on such By JOE COLETTI contribution of the MMA to health care subjects as law, history, economics, Contributing Editor – the Health Savings Account, which and statesmanship to introduce a RALEIGH allows patients and doctors to make new generation of readers to the atching a Michael Moore decisions without second-guessing depth and range of his thought. movie can be a rewarding ex- from insurance company or government Kirk probed the very meaning of perience on a number of levels. bureaucrats. conservatism for modern intellectu- WOn one level is the movie itself. Moore The fun really starts as Moore takes als, and Russello examines such key is a gifted director and storyteller with a his collection of Michigan sports team concepts of his thought as imagina- sense of humor. On another level is the hats to Canada, the UK, France, and tion, historical consciousness, the in- untold story behind his stories, the facts Cuba to show how wonderful socialized terplay between the individual and left out (like that he actually did get an medicine is. tradition, and the role of narrative in interview with Roger Smith) or obliquely In an unintentionally funny ex- constructing individual and societal mentioned to lessen their impact, or any ample of rhetorical over-reaching, Moore identity. By stressing the importance voice of moderation. Then there is the suggests that socialized medicine will of Kirk’s perception of imagina- logical framework of the film, which be as good as the postal service and tion, he offers a new approach to one would expect to make a compelling traditional public schools. His friends understanding him, showing not argument but which is more likely to be can only be glad he did not include the only that Kirk laid the groundwork a hole-ridden non sequitur based on false DMV and IRS in his paean to govern- for the “new conservatism” of the assumptions about human nature, gov- ment services in America, which also 1950s and ’60s, but also that his ernment, and economics. Finally, there is includes libraries, police, firefighters, work evolved into a sophisticated the entire milieu around the film thanks and the military. Moore also mentions critique of modernity paralleled in to Moore’s uncanny ability to generate In an unintentionally what great care Medicare provides, but the work of some postmodern critics controversy with stunts like filming in funny example of rhetori- does not mention that the most socialized of liberalism. Learn more on the Web Cuba, hiding the master for fear it might part of American health care is mental at press.umsystem.edu. be confiscated, premiering the movie in cal over-reaching, Moore health. The video he shows of a woman Washington before the policy wonks he on Skid Row in Los Angeles was dumped kept off screen, or lambasting CNN. suggests that socialized there by the public hospital. • Since the attacks on Sept. 11, Moore opens the movie with two The low point of the movie is 2001, intelligence collection has be- of the “nearly 50 million” uninsured, medicine will be as good Moore’s trip to Cuba. Not because it is come the No. 1 weapon in the effort even though the most recent estimate as the postal service his most shameless stunt, but because of to defeat al Qaeda and Osama bin of the uninsured is 43.6 million. He also it has the most invidious comparisons Laden. To the outside observer, the mentions the 18,000 people who die each and traditional public — between the care for Sept. 11 rescue CIA has performed well as a key part- year because they lack insurance, but workers and for Guantanamo Bay ner in the Bush administration’s War not the 22,000 who die because of excess schools. detainees. But what would Moore and on Terror. But as Rowan Scarborough government regulations of health care. his friends say if the detainees did not reveals in Sabotage: America’s Enemies No matter, by the time the credits are receive this care? His complaint almost Within the CIA, significant elements over, Moore has moved on to the people The government health-care programs sounds like the talk radio line that the within the CIA are undermining both with insurance who become bankrupt, Medicare and Medicaid have taken detainees have it too easy, instead of the the president and national security are denied coverage, or work at the age baby steps toward this ideal, but remain standard leftist line about abuse and the through leaks, false allegations, and of 79 to keep their insurance. largely fee-for-service systems based on harsh treatment there. outright sabotage. See www.regnery. Here again, Moore’s facts don’t fit the American model of insurance four Moore considers Cuba an island com for more information. his anti-market message, so he fudges. decades ago. paradise with 50-year-old cars, then Three of his examples involve Blue Cross Managed care was a step to rein in again his image of Iraq under Saddam Blue Shield. The Blues are nonprofits, the rising cost of health care. Insurance Hussein is of children flying kites. He but Moore lumps them in with other companies hired medical doctors such brushes over the usual leftist talking • The greatest obstacle to insurers and blames claim denials on as Linda Peeno, whom Moore profiles, points about how America is starving sound economic policy is not en- the desire for higher profits. Later in the to determine whether procedures were the Cuban people, with the comment trenched special interests or rampant film, the defender of laid-off workers in medically appropriate. These decisions that the one thing Cuba does have is lobbying, but the popular miscon- Flint shows how well doctors live in the drove people away from managed care, a world-class health-care system. But ceptions, irrational beliefs, and per- United Kingdom and France — with mil- which has helped increase health-care if Cuba’s is so good, the U.S. system sonal biases held by ordinary voters. lion-dollar homes and world travel. So costs and the number of uninsured. must be just fine. The same World This is economist Bryan Caplan’s it is acceptable for doctors to live large if This gets to the fundamental flaw Health Organization ranking that lists sobering assessment in The Myth of the government pays them because that with Moore’s logic. Instead of wonder- France as having the best health care in the Rational Voter: Why Democracies is not profit, but monetary incentives in ing why a few people at insurance com- the world, ranks America’s system just Choose Bad Policies. Caplan argues the form of profit are bad. If this makes panies or in Congress have the ability ahead of Cuba’s. that voters continually elect politi- sense to you, please email and explain to make life-or-death decisions, Moore SiCKO actually reminds me of cians who either share their biases the distinction to me. demonizes the insurance companies, last year’s great B-movie “Snakes on or else pretend to, resulting in bad Doctors in the British National drug companies, and American doctors a Plane.” Logic and coherence are not policies winning again and again Health System, we learn, get paid based for trying to influence those decisions. as important as the snakes or the goal by popular demand. Calling into on health outcomes instead of services Moore details for 30 minutes the of socialized medicine. If you can get question our most basic assumptions performed. This policy of giving posi- way small groups of people, and often past that, the movie is entertaining. Just about American politics, Caplan con- tive incentives to doctors for outcomes individuals, in an insurance company don’t go looking for enlightenment. CJ tends that democracy fails precisely began under Margaret Thatcher, but can decide what makes medical sense because it does what voters want, Moore does not share this tidbit. In the for a person seeking care. He shows how and he lays out several ways to make United States, homebuilders, carmakers, much health-care companies spent to democratic government work better. and every company in a competitive influence a few legislators in the 1990s to Joseph Coletti ([email protected]) At press.princeton.edu. CJ industry all have similar incentives defeat the Clinton health plan, and how covers fiscal and health care policy for the when they try to find new customers. much pharmaceutical companies gave John Locke Foundation. CAROLINA September 2007 JOURNAL The Learning Curve 21 A Two-Year Progress Report On the North Carolina History Project

wo years ago, the John Locke overall mission of NCHP, they are dis- Rotary groups and presents recent member of NCHP Editorial Board, Foundation started the North appointed with the direction that the research at scholarly conferences. To “The Great Tradition: What it Means Carolina History Project to offer study of history has taken. Or they date, NCHP staff has written 11 essays to Be an Educated Human Being” TTar Heels an online encyclopedia of wish simply to participate in spark- or reviews for six professional publi- (Oct. 8 and 9). their state, explore forgotten and over- ing historical curiosity and spreading cations and has started the Nathaniel • Peter Lawler, political sci- looked topics, and ask free market historical knowledge, and the website Macon Papers Project, a work to tran- ence professor at Berry College and questions regarding traditional sub- gives them that opportunity. Among scribe and annotate the speeches and member of the President’s Council of jects. It’s time the site’s 30 contributors are gradu- correspondence of Nathaniel Macon, a Bioethics, “Rights and Duties: What for a progress ate students, librarians, archivists leading statesmen of the early repub- We Can and Can’t Learn from John report. and university professors, including lic era and the man who, instead of Locke” (Oct. 18). Today, such luminaries as Gordon S. Wood, George Washington, some have called • Donald Critchlow, professor NCHP and its the pre-eminent scholar of the Ameri- the “real Cincinnatus of America.” of history, St. Louis University “The website (www. can Revolution Period, and Paul H. Macon was nothing less than a politi- Republican Ascendancy during the northcaroli- Bergeron, a leading expert regarding cal icon of the early republic era. 1980s” (Nov. 13). nahistory.org) 19th-century politics and, in particu- NCHP also hosts a lecture series. • Intercollegiate Studies Institute are evolving lar, the life of Andrew Johnson. Past lecturers have included Wilfred representatives, Coming Crisis in Citi- into the source Encyclopedia themes include M. McClay, a leading historian in zenship: Higher Education’s Failure to for answers to Dr. Troy business and entrepreneurial history, American intellectual history, and Teach America’s History and Institu- historical topics Kickler political history, African-American Gordon S. Wood. This year’s upcom- tions (Nov. 28). that others dare history, and women’s history. Cur- ing lectures feature rising stars of the By starting NCHP, the John not--or forget to-- explore. It’s not that rent themes are champions of liberty profession or leading scholars in their Locke Foundation is not only on the the North Carolina History Project is and the Spanish exploration of what field. Below are the speakers and cutting-edge in the profession but radical, for that term is relative and became North Carolina. Specific their topics: also in state policy organizations. As its meaning is subject to the context entries include the history of marriage • Matthew Warshauer, Central more than a few have told me in the in which it is used: What is labeled in North Carolina, the history of oaths Connecticut State University profes- past year, NCHP is a genuine, public “traditional” or “conservative” can be and affirmations, and the scupper- sor, “Freedom vs. Security: 9/11 and service that others should replicate. radical when submitted in academic nong. Upcoming themes include an The History of Emergency Powers” I encourage you to visit northcar- circles controlled by a hegemonic left. in-depth investigation of the Regula- (Sept. 11). olinahistory.org, and attend one of the It’s just that NCHP examines new top- tors and a series of “Yes” and “No” • James Stoner, political science many upcoming events. CJ ics without abandoning old ones. response essays from historians to professor, Louisiana State University, The program is gaining respect historical questions. “Science vs. Tradition at the American in academic and public history circles. NCHP offers more than the en- Founding” (Oct. 2). Troy Kickler is director of the North Although many encyclopedia contrib- cyclopedia. NCHP staff gives public • Richard M. Gamble, history Carolina History Project (http://www. utors do not necessarily agree with the lectures to local historical clubs and professor at Hillsdale College and northcarolinahistory.org) Little League Heaven By Carolina Journal Editor Richard C. Wagner mmm$@e^dBeYa[$eh] 9"1,Ê" Ê" Ê/ Ê7 Ê",ÊÊ When Lillie Jo Sweeny threw out ",/Ê
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VVœÕ˜ÌSEARCHESACOMPREHENSIVE Little League base- ball. The event also DATABASEOF*,&REPORTS BRIElNGPAPERS NEWSARTICLES saluted her de- PRESSRELEASES ANDEVENTSNOTICESTODISPLAYTIMELY ceased husband, Odie Sweeny, a INFORMATIONABOUTTHEISSUESOFYOURCHOICE)TSAN Little League leg- end who managed EXCELLENTTOOLFORTHOSEDRAFTINGLEGISLATION RESEARCHING a never-say-die POLICYISSUES PREPARINGNEWSSTORIES PLANNINGPOLITICAL team for 38 years — a record in ORLOBBYINGCAMPAIGNS ORSEEKINGINFORMATIONWITH Texas and one of the longest streaks WHICHTOBEANINFORMED in the nation. Little League Heav- VOTERANDCITIZEN en: The Legend of Odie Sweeny, 6ISITWWW*OHN,OCKEORG an inspirational biography, serves ANDCREATEYOURPERSONALIZED a generous slice iÞÊ
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of Americana and traditional values.

Available at PublishAmerica.com, Amazon.com and at major bookstores. September 2007 CAROLINA 22 The Learning Curve JOURNAL

Short Takes on Culture Movie review The Met in Movie Theaters? ‘Lives’ Shows Socialism Up Close • “The Lives of Others” (German: “Das • The Metropolitan Opera The last two decades saw three Leben Der Anderen”) Select Movie Theaters presidents and the evolution of a Bayerischer Rundfunk Performances resume in December distracted foreign policy. While Kirk- Directed by Florian Henckel von Don- patrick was a proponent of President nersmarck f you heard that a movie multiplex George H.W. Bush’s war in Iraq (even enjoyed such high demand for though slow multilateral efforts left By JIM STEGALL a particular show that it had to millions to die), she was a staunch Contributing Editor Iadd a second theater to accommodate critic of Clinton’s multilateral, na- RALEIGH the audience, you’d no doubt think, tionbuilding activities in Somalia, K, so you’re not a fan of foreign “That must be some stupendous new Haiti, and Kosovo. She applauded films, especially those with movie.” That’s just what happened the current President Bush’s inva- subtitles, and especially those recently at the North Hills 14 in Ra- sion of Afghanistan as necessary and Othat don’t have explosions, car chases, leigh, but it wasn’t a movie. It was approves of the invasion of Iraq, but or scantily clad young ingénues in com- the Metropolitan Opera’s Saturday worries that bringing freedom to Iraq promising situations. afternoon performance of Rossini’s will distract America from combating That’s perfectly understandable. “The Barber of Seville.” terrorism. But if you call yourself a conservative, In what seems to be a brilliant Kirkpatrick pointed out that the you absolutely must find a copy of “The marketing move, the Met has begun U.S. foreign policy makers must be Lives of Others,” now out on DVD, and high-definition broadcasts of some of cautious in what they deem as vital to watch it. Besides being one heck of a good its Saturday afternoon performances its national security. Nation-building tale, it will remind you how crummy life to movie theaters around the world. does not always work and can create under socialism was for those unfortu- I went recently with my two sons, chaos. In addition, multilateral efforts nate enough to experience it firsthand, In scene after scene our protagonists, intrigued but not knowing what are slow and often result in conflicts and why it was so important for the West the agent included, find themselves in to expect – either audiencewise or of interest that can distract America to triumph in the Cold War. circumstances that force them to make screenwise. On both counts, I was from its own security interests. Set in East Berlin in 1984, this impossible choices. These characters pleasantly surprised. This book uses recent history all-German production graphically are not larger than life like the heroes in My guess would have been that as a cautionary tale to warn future portrays life in the “workers’ paradise” your standard Hollywood spy thriller. there would be a sparse crowd, mostly U.S. foreign policy makers of over- of the German Democratic Republic, in They are normal, likeable people, despite elderly people. Not at all – two nearly extending the country in its security all of its rundown, make-do, bare-bones their petty faults, who are just trying to full theaters that included a sizable interests. glory. get on with their lives. One can’t help number of people under 30. If the United States deviates too The story centers on a Stasi (state but sympathize. And as to the quality of the much from its genuine interests, it security) agent who has been assigned Hollywood couldn’t make a film performance, it was just wonderful. can become too distracted and preoc- to spy on a successful playwright. Al- like this if it tried. The story is too good, The camera work was outstanding, cupied to handle serious threats to though the playwright has a reputation the characters too real. There is drama with closeups when called for and freedom and democracy. as a good socialist, the agent and his here, but it’s not the contrived drama of the whole stage when that was called — JUSTIN COATES boss know that if they can find some- “Mission Impossible” or “The Bourne for. In fact, it was better than all but thing in his personal life that smacks of Identity.” the best seats at the Met itself. The disloyalty, it could led to a promotion It’s drama derived from what re- sound quality was excellent, too. And • “Sinners Like Me” for them both. ally happened to real people, in a world the production comes with English Eric Church The agent sets about his work with that really existed only a short time ago. subtitles. Liberty Records typical German efficiency, setting up a The Stasi was an enormous organization, The Met started doing these surveillance operation so all-encompass- at one point numbering more than 90,000 broadcasts late in 2006, about once a “Sinners Like Me” is a pas- ing it allows him to know when his target uniformed agents and at least 200,000 month. I don’t have any information sionate and reflective debut album is sleeping, when he is awake, when and civilian informants. about the financial success they’ve that marks this N.C. native (Granite to whom he is making love — in short, Its purpose was to know every- had. Tickets cost $18, substantially Falls) as a performer to watch in the every intimate detail of his life. thing there was to know about everyone, more than for a movie, but far less than future. But what he learns is that his target to further the state’s goal of the concep- if you bought a ticket for the actual Over a year after its release, Eric is actually a fairly ordinary man who tual eradication of human individuality. performance. You could buy a lot of Church’s debut topped the weekly struggles, like everyone in the socialist The only way to survive was to assume popcorn with the savings. country charts, selling more than 4,000 police state that was East Germany, to that anyone, even family members, People who like opera will be albums per week. He has easygo- be a decent human being in the face of could be keeping tabs on you on behalf delighted with the Met’s broadcasts, ing melodies and lyrics about faith, constant state supervision and suspi- of the state and reporting your every and those who think they don’t like relationships, and family that fit him cion. That realization, and his growing comment or gesture. it might get hooked. comfortably in the Bible-belt base of admiration and envy of his target, causes The film admirably captures the — GEORGE LEEF traditional country fans. him to question his own place in the inevitable climate of fear and suspicion Church wrote or co-wrote all 12 system, and to eventually place both his that was an everyday part of East Ger- songs on the album. The straightfor- career and his life in jeopardy. man life. • Making War to Keep Peace ward lyrics are a miniautobiography The opening scene cuts back and The movie takes yet another fas- By Jeane J. Kirkpatrick of his life: from pregnancy tests to forth between our agent’s interrogation cinating turn toward the end, leaping HarperCollins Publishers breakups, his favorite pair of boots of a young suspect and his lecture on ahead to 1991 as our playwright gains to capital punishment.“Sinners Like interrogation procedures to a class of access to his Stasi file and realizes for the Protecting freedom and democ- Me” details who Church is, where new Stasi recruits. first time the massive extent of the state’s racy was the goal of former U.S. Am- he has been, and what he wishes to The agent uses a recording of the reach into his personal life. The ending, bassador to the U.N. Jeane Kirkpat- become. interrogation to demonstrate techniques which I won’t reveal here, is touching rick. Her book that came out in April, His voice is neither the most to wear out, and eventually break down, and thought-provoking. Making War to Keep Peace, chronicles unique nor the most talented in the a seemingly innocent and harmless Although the film won the Best the last two decades of American country genre, but his original lyrics suspect. Foreign Language Film Award at the foreign policy in order to provide les- about everyday experiences set him The scene has a gut-chilling qual- 2006 Academy Awards, as well as a bevy sons for protecting America’s security apart. ity to it that sneaks up on you as you of European awards, it’s been virtually interests in the future. — MARY LOU CRAVEN CJ slowly realize where it’s taking you. The invisible in the United States, and that’s chill doesn’t let up once you get there. a shame. CJ CAROLINA September 2007 JOURNAL The Learning Curve 23 Rowling Ties Up All Loose Ends With Magnificent Finale

• J.K. Rowling: Harry Potter and the Death- employs the same The formula have emphasized individual choices, ly Hallows; Publisher; 2007; pp; price. devices to oppress that Rowling re- focusing on responsibility, power, mo- the magical com- lied upon in earlier rality, and love. In the first novel, Lord By JENNA ROBINSON munity that Muggles books — summer Voldemort tells Harry, “There is no good Contributing Editor have seen in the 20th at the Dursley’s, a and evil, there is only power and those RALEIGH century’s communist year of mystery at too weak to seek it.” Rowling pursues . K. Rowling’s Harry Potter series regimes: Desire to Hogwart’s and a the theme in her seventh book. — and Harry Potter and the Deathly do things “for the confrontation just In it, Harry discovers the “Deathly Hallows in particular — has a strong greater good” re- after final exams Hallows,” powerful artifacts — a cloak, Jpro-individual-liberty message. More gardless of the cost to — began to crumble a wand and a stone — for which the important, it’s a fantastic story. individuals, willful during Harry’s fifth book is named. The story of the Hallows Many readers have observed that use of misinforma- year. With this book, is a familiar one of human folly: power the Harry Potter series creates a libertar- tion, planting agents Rowling tosses the corrupts. Rowling reveals that the Hal- ian fantasy in which magical people live within government formula, and the lows, like Tolkien’s ring, change those in a largely privatized world of their own and media offices, whole arithmancy who wish to wield them. Power, even that is invisible to ordinary humans, the fear, division, oppor- text, out the window. when used “for the greater good,” yields “Muggles.” tunism, and spiteful- Gone are quidditch, disastrous results. Throughout the series, Rowling ness. potions class, and By the book’s riveting conclusion, has given readers positive portrayals Deathly Hallows the bright spots of Harry realizes that he must make a of personal freedom, private enterprise, begins with Harry’s humor that dotted choice between “what is right and what and individualism. Hogwart’s School of 17th birthday, which marks the passage the previous six books. Rowling gives is easy.” He understands that his love Witchcraft and Wizardry is obviously a into adulthood in the wizarding world. readers no time to relax as Harry, Ron, for his friends and family, and his choice charter school with its own headmaster Instead of completing his final year at and Hermione scramble from one mis- to stand up for them is more powerful and board of governors. In the fifth Hogwarts School adventure to an- magic than Voldemort will ever know. book, when the ministry interferes at of Witchcraft and other in their quest He confronts Voldemort, not out of a Hogwart’s, its efforts are portrayed as Wizardry, Harry to destroy the re- concern “for the greater good” of hu- disingenuous, incompetent, and un- sets off with his Many readers have ob- maining pieces of manity, but because of the kind, brave, necessary. Even private banking and u n w a v e r i n g l y served that the Harry Voldemort’s soul, and loyal individuals who have fought a gold standard exist in the wizarding loyal friends, Ron rending him mor- alongside him. world, albeit under the management of and Hermione, to Potter series creates tal so that Harry But even without the libertarian ruthless and crafty goblins. complete a mis- a libertarian fantasy in can confront him at themes, Harry Potter and the Deathly Rowling has always portrayed the sion given to him the book’s climax. Hallows would be magnificent. Rowl- government of the magical community by Hogwart’s late which magical people Harry stands alone ing ties up the loose ends, solves all the as incompetent, at best, or corrupt, at headmaster Albus live in a largely privatized against Voldemort mysteries and drags the reader through worst. The first Minister of Magic that Dumbledore. using the pow- the entire spectrum of human emotion. Harry meets is depicted as an arrogant Ultimately, world of their own that is er he has finally She has created a story that will become clown, more concerned about preserving Harry must van- discovered; “of a permanent classic of English literature, his job than the safety of the public. His quish the Dark invisible to ordinary hu- house-elves and and not just as “children’s fiction.” This successor is an opportunistic schmoozer, Lord Voldemort mans, the “Muggles.” children’s tales, of is Rowling’s masterpiece: triumphant, intent on making Harry a poster boy for using the “power love, loyalty and tragic, and absolutely satisfying. CJ the Ministry. that he knows innocence, Volde- In the final installment of the series, not.” Throughout mort knows and wizarding Britain has fallen under a to- the journey, friendships are tested understands nothing.” And in the end, talitarian regime. The Ministry of Magic, and emotions are pushed to the brink it is Harry’s choices, not his abilities, Jenna Robinson is the campus outreach now under the control of He-Who-Must- as Voldemort gains power and Harry that make all the difference. coordinator for the John William Pope Center Not-Be-Named and his Death Eaters, flounders without answers. From the first, Rowling’s novels for Higher Education Policy. Books authored By JLF staFFers Free Choice for Workers: Selling the Dream A History of the Right to Work Movement Why Advertising is Good Business

By John Hood President of the John Locke Foundation By George C. Leef Vice President for Research at the John William Pope Center for Higher “[Selling the Dream] provides a Education Policy fascinating look into the world of advertising and beyond ... “He writes like a buccaneer... Highly recommended.” recording episodes of bravery, Choice treachery, commitment and April 2006 vacillation.” Robert Huberty www.praeger.com (Call Jameson Books, 1-800-426-1357, to order) Capital Research Center September 2007 CAROLINA 24 Opinion JOURNAL

Commentary Alarmed By Deniers

ow even the partisan-resis- attributed at least part of global tant public must acknowl- warming to human causes. Again, edge what conservatives strength in numbers, but what has Nhave known for a long time: that the IPCC really said? If you haven’t Newsweek is driven by a leftist agen- read it yourself you don’t really da, even if the magazine’s staffers know, because Begley doesn’t dig won’t acknowledge it themselves. into it. That can’t be illustrated more The truth is, read any legiti- clearly than by the magazine’s mate scientific study on climate — cover story from Aug. 13, “Global including IPCC’s — that suggests Warming Deniers: A Well-Funded human influence is the dominant Machine.” Science writer Sharon cause for global warming, and you Begley writes proudly and pas- will discover dozens of qualifiers sionately in what she such as “could,” “pos- obviously thinks is an sibly,” “potentially,” eye-opening expose’ and “may.” For all the about the conspiring certainty and consensus entities who “deny that global warming Editorial the science of climate fear-mongers assert, change.” Her Woodward those sound a lot like and Bernstein-like prose weasel words. tracks money passages When taking that Unintended Consequences from big energy pro- into consideration, you ometimes the law of unintended for 38 years. It’s no newcomer. There’s ducers to intellectual realize that both camps Paul consequences strikes hard. no indication Goodyear plans to build skeptics, who exist to Chesser are in the “maybe” undermine what she category on climate N.C. policy makers are start- a new operation in North Carolina. The Sing to see consequences of their deci- Akron, Ohio-based company has offered says is the consensus view: that hu- change. It’s just a matter of degrees man-induced worldwide warming (there’s a fortunate pun). sions to offer targeted tax incentives to no indication that it plans to add jobs is a threat to the planet’s existence. But Newsweek ignores that businesses considering new operations in this state. By all accounts, Goodyear Begley bemoans the results of a uncomplicated nuance. Instead, in the state. simply wants to renovate its old plant. new Newsweek poll that “finds the Begley and her reporter helpers One unintended consequence In a state with a government that influence of the denial machine (including that paragon of objec- doesn’t seem to bother legislators or values free markets, Goodyear would remains strong,” with respondents tivity, Eleanor Clift) largely avoid the governor: Every tax break offered consider the renovation decision as part split about human influence on the any substantive discussion over to one specific business means a higher of its normal business operations. The greenhouse effect. She blames the the scientific views both sides hold tax burden for everyone else. company would weigh potential costs “well-coordinated, well-funded in the debate, and instead snipe at That fact hasn’t stopped lawmak- and benefits and act accordingly. campaign by contrarian scientists, those who doubt Newsweek’s panic ers from doling out hundreds of millions Not in North Carolina. Business free-market think tanks (disclo- agenda. Their opponents consist of of dollars in special deals for Google, executives here can see a long record of sure: That’s me!) and industry” for industry and associations “repre- Dell, and other high-profile businesses. corporate giveaways from the General creating “a paralyzing fog of doubt senting petroleum, steel, autos and Meanwhile, North Carolina maintains Assembly. Instead of looking to custom- around climate change.” utilities,” who “sow doubt about the region’s highest corporate tax rate. ers and investors for money to bankroll In other words, those of you climate research just as cigarette Individual taxpayers also face higher tax their renovation, they decided to turn to still with reservations have been makers had about smoking re- rates here than in surrounding states. the N.C. taxpayer. It’s always easier to duped. What else could be the ex- search.” That means most North Carolinians are spend someone else’s money. planation, since Begley claims rock- At the heart of it all, of course, solid resources that nailed down is the deniers’ money. Begley assuming a larger tax burden to pay for In this case, incentives supporters the left’s climate change dogma? emphasizes repeatedly how big oil all those tax breaks for newcomers. can’t rely on the “new job” argument. One proof she characterized and utilities feed the opinions from Incentive supporters have been In fact, the legislation could allow as “the verdict.” It came from “a conservative think tanks. But what willing to accept that tradeoff. They say Goodyear to collect incentives even if report by 600 scientists from gov- about the flow of cash that sustains Google, Dell, and other recipients of spe- it slashes 25 percent of its current Fay- ernments, academia, green groups the nonprofit-driven eco-move- cial tax breaks create new jobs — the kind etteville payroll. and businesses in 40 countries” ment? The dollars pushing global of jobs North Carolina needs to compete The plant now operates with 2,750 that said, “warming of the climate warming paranoia, coming from in the global economy. If this state doesn’t workers, according to an Aug. 16 News system is unequivocal.” What was wealthy foundations like those es- offer those tax breaks, the jobs will go & Observer report. Goodyear must main- the report? Who were the scien- tablished by Merck, the Rockefellers to other states. North Carolina will fall tain at least 2,000 employees to continue tists? I have no idea — apparently and Ted Turner, dwarf the skeptics’ behind other states in the race for the collecting the incentives during the next all that matters are the number of resources. But Begley and Newsweek best employment opportunities. 10 years. experts (probably no larger than show prejudice only against certain So far, this argument has kept the That’s right. Goodyear could cut the amount of scientists working at shades of green, both monetary and incentives machine rolling. But now the 750 jobs and keep the tax break. a large state university), the num- ecological. state is seeing signs of another unin- The deal has raised some eyebrows. ber of countries (all friends of the Begley’s piece should sur- tended consequence: Businesses already Gov. Mike Easley, a constant incentives United States, right?), and the word prise nobody. Anyone who has operating in North Carolina are looking champion, considered issuing a rare veto “unequivocal.” subscribed to Newsweek in recent for their piece of the action. If newcom- to block the Goodyear deal. But Easley Upping the ante, Begley also years could not help but notice the ers get tax breaks, why not businesses should see that this incentives package cited the most recent update from near-weekly articles promoting the the U.N. Intergovernmental Panel global warming scare agenda, and that have contributed for years to the is the first of many North Carolina is on Climate Change, which “was “what can be done about it.” CJ state tax base? likely to see in the future. written by more than 800 climate How else can you explain a $40 As long as the state plays the researchers and vetted by 2,500 Paul Chesser is associate editor of million incentive package for Goodyear, game of choosing economic winners scientists from 130 nations” and Carolina Journal. approved in the closing days of this and losers through targeted tax breaks, year’s legislative session? The tire com- more companies will line up for their pany has operated a plant in Fayetteville slice of the pie. CJ CAROLINA September 2007 JOURNAL Opinion 25 Public-Private Highways Commentary Demagogery shouldn’t prevent partnerships in road building A Failed Big-Money Lawsuit he General Assembly’s decision to operations. These objections typically adjourn its 2007 session without ignore the significant restrictions and or the better part of a decade, build schools and hire personnel, making any significant changes operating requirements written into it seemed impossible to talk it modestly reduces gaps in real Tin highway-funding policies is report- the contracts. about education reform in resources per pupil that would edly going to “force” the North Caro- Taxpayers are protected by an even FNorth Carolina without someone otherwise exist. lina Turnpike Authority to seek private more powerful mechanism, namely bringing up the Leandro school- As the Tax Foundation dem- investment in some of its high-priority consumer choice. The majority of toll funding litigation. For most back- onstrates in a new study, the 27 projects, such as the Western Wake Ex- roads, to take one example, are built ers of the lawsuit, it was all about states in which activists achieved pressway in the Triangle region. as high-speed alternatives to already money. The public-school some kind of Leandro-like Well, if that’s the story that will existing routes. If the roads become too establishment tucked judicial “victory” have make it easier to form these public-pri- expensive or unpleasant to drive, their itself to bed each night as since 1977 increased an- vate partnerships, great. But there’s no owners risk losing business that they are if it were Christmas Eve, nual education spending reason to conclude that North Carolina is counting on to make their investments with visions of court-or- by $34 billion in response being “forced” to do something contrary successful. dered fiscal plums danc- to the lawsuits. That may to its interests. In fact, employing private Obviously, officials in the North ing in its head. sound like a huge num- capital and management to complete Carolina Department of Transporta- But the state’s ber, but not in the context and operate the state’s new wave of tion need to structure carefully any judiciary had other ideas. of a total national budget toll roads would likely have been the partnerships to build new tollways in Although the establish- for public education in best alternative in any event. And if the Triangle, Wilmington, Charlotte, ment, teacher unions, the many hundreds of the legislature does decide, as some are and other areas. activists, and like-minded billions of dollars. The suggesting, to hold a special session on Fairly early in the deliberations, politicians and editorial- lawsuit-motivated spend- state transportation issues later in the expect some opportunistic politician or ists remain loath to admit ing works out to about year, we hope they will seek not to block interest group to play the xenophobia this even today, years $976 per student, which is public-private partnerships but instead card. after the major court noticeable but represents to help fashion goals and procedures Because most of the companies decisions were handed down, the less than 10 percent of the average for their immediate and effective use with expertise in public-private tollway Leandro plaintiffs lost the funda- public-school expenditure per pupil in addressing North Carolina’s huge projects are overseas, the argument will mental claim they sought to prove: in 2003-04, $10,302. backlog of necessary, congestion-reliev- be made that North Carolina should not that North Carolina’s system of Even the $976 figure vastly ing projects. let “its” roadways be “taken over” by funding public education was un- overstates the real effect of the state Opponents of privatizations and “foreigners.” constitutional, requiring a remedy litigation, because school spend- private-public partnerships argue It’s one of the oldest tricks in of higher state taxes to boost school ing would have increased in these that private operators can only make the book, if you’re reading the how-to spending. states even without court mandates, money “at the expense of” taxpayers, manual for economic stagnation, but The Supreme Court did issue as the Tax Foundation discovered and that the new owners will skimp that doesn’t mean it won’t work on the two critically important decisions by examining the non-mandate on maintenance and repair work in gullible — of which North Carolina has, clarifying the right to educational states and prior spending trends order to squeeze profits out of these we fear, no shortage. CJ opportunities enshrined in the state in both groups. Its best estimate constitution, decisions that were is that because of a supplanting then left to Wake Superior Court effect by the court-ordered spend- Judge Howdy Manning to enforce. ing, operating expenditures in the Electoral Gamesmanship These decisions, however, were 27 court-mandate states didn’t end important in a legal and policy up significantly higher than they Reform efforts too often become means of helping one’s team sense, not a fiscal sense. There was would otherwise have been and to be no massive new infusion of that capital funding is an average of hanks to the efforts of Ferrel Guil- out that while the 2004 and 2006 judicial state dollars into rural and urban only $164 per pupil higher because lory, Andrew Holton, and the races might have attracted insufficient school districts, financed by mas- of the litigation. other folks at the UNC-Chapel funds to run truly statewide campaigns, sive new taxes lawmakers could North Carolina is at the very THill Program on Public Life, both sides candidates in those years actually spent blame on the judiciary. Eschewing bottom of the national list when it of the debate over taxpayer-financed more money, in inflation-adjusted terms, such policy activism, the Court sim- comes to state appropriations enact- campaigns have some new information than candidates did before the 2002 ply affirmed that the constitution ed in direct response to a court de- to study and cite. “reforms.” required that students be afforded cision — only $16 per pupil. That’s The latest edition of North Carolina That doesn’t necessarily mean, of an opportunity for a sound, basic surprising only if you continue to Data-Net, one of the program’s regular course, that taxpayer financing caused education — and Manning af- be under the mistaken impression publications, examines trends in state campaign spending to rise. It might well firmed, correctly, that with very few that those seeking remedies under judicial races. The timeliest findings have be true that campaign spending would exceptions, additional dollars from Leandro ended up “winning.” Not to do with campaign funding. On the one have risen even more without taxpayer state taxpayers were not required to on their own terms. Lawyers and hand the newsletter’s authors conclude financing. satisfy that responsibility. activists in most states filed their unambiguously that 1) “public financing To most policymakers in Raleigh, The Leandro saga is full of suits to achieve a big payday for the does not provide sufficient resources to these issues are all pretty much beside rich, ponderous mythology. It is education establishment at the ex- run ‘effective’ statewide campaigns,” the point. For them, the “problem” that not true, for example, that there are pense of taxpayers. In a few cases, and 2) stripping the party labels off of vast differences in spending per most notably New York, Connecti- appellate-court races, as the General needed to be fixed was that in the decade preceding 2002, Republicans won an pupil among North Carolina school cut, and Massachusetts, they got it. Assembly chose to do when creating districts. That hasn’t been true since In North Carolina, they didn’t. the taxpayer-financed system five years increasing share of judicial races and ended up predominating on the North the 1930s. It is also false to suggest That’s what really happened in the ago, means that “voters know even less that North Carolina’s reliance on Leandro case, despite what you may about judgeship candidates” than they Carolina Supreme Court. Fair-minded policy analysts of property taxes to fund the local have picked up from the subse- did before, which wasn’t much. component of public education is a quent political haggling and blovia- As a result, judicial races are in- all stripes may continue to study and propose the best possible rules for the cause of inequity. Indeed, because tion. CJ creasingly becoming voter-disowned property-tax funding serves to electoral game. But don’t be shocked elections. adjust spending to housing costs, John Hood is president of the if politicians continue to care only Not all the evidence on taxpayer- which correlate with the cost to John Locke Foundation. funded campaigns supports the skepti- about whether their team is likely to cal side of the debate. The authors point end up the winner. CJ September 2007 CAROLINA 26 Opinion JOURNAL

Editorial Briefs

Mexican immigration will solve itself There has been a stunning decline in the fertility rate in Mexico, which means that in a few years there will not be nearly as many teen- agers in Mexico looking for work in the United States or anywhere else. If the trend in the fertility rate continues, Mexico will resemble Japan and Italy — rapidly aging populations with too few young workers to support the economy, says Robert M. Dunn Jr., a professor of economics at George Washington University. According to the World Bank’s 2007 Annual Development Indicators, in 1990 Mexico had a total lifetime fertility rate of 3.3 children per female, but by 2005, that number had fallen by 36 percent to 2.1, which is the “break even“ point for population stability in developed nations. The large number of women currently in their reproductive years means that there are still quite a few babies, but as this group ages, the number of infants will decline sharply. If the trend toward fewer children continues, the num- ber of young people in the Mexican population will decline significantly just when the number of elderly is rising. As labor markets in Mexico tighten and wage rates rise, far fewer Mexican youngsters will be interested in coming to the United States. Some politicians fear that we are being How ‘Elastic’ Are Lottery Ticket Sales? “Mexicanized.” In fact the opposite may be under way, Dunn said. orth Carolina will be making the 2-year-old gallons of gas bought will change relatively little lottery more attractive to play. As part of when gasoline prices jump. Alternatively, hot dogs the just-concluded state budget, the lottery are more likely to be a price-elastic product, because Nrules were changed to permit higher prize payouts. when their price rises, many people will switch their The doctors are in The hope is that better winnings will increase ticket purchases to hamburgers. sales and increase profits, or net proceeds, to the Now let’s get back to the lottery. Evidence Doctors are fleeing states that are trial- state. indicates that when a state lottery is relatively new lawyer playgrounds. Texas is not one of them. But wait a minute. Isn’t this faulty thinking? playing it is price-elastic. So North Carolina’s deci- Thanks to its sane limits on malpractice lawsuits, If the state pays out more in lottery prizes, won’t sion to permit higher prize payouts was a logical the state is a physician magnet, says Investor’s the amount it keeps decline rather than way to bump up lottery revenues. Business Daily. increase? Won’t higher prizes be bad for There is a “but” to this story. The Four years ago, through a constitutional state coffers, even though they’re good evidence also suggests that as lotteries amendment, Texas capped noneconomic dam- for lottery players? age, they can change from being price- ages in medical malpractice suits. Subsequently, This is a question that’s common elastic games to price-inelastic games. there has been a 21 percent drop in the average to more than state lotteries. In fact, it’s This happens probably because people malpractice insurance premium. one of the most fundamental questions get used to the lottery: It is no longer The impact was impressive. The Texas in economics — indeed, a question that new, different, or exciting. This also Medical Board received 4,000 applications for business executives ask all the time. means increasing the prizes or odds of medical licenses last year, a 33 percent increase Can decreasing the price of a product or winning won’t necessarily work to aug- over 2005. Applications jumped 88 percent from service actually increase profits for the Michael ment lottery profits to the state. It would Walden the first half of 2003 to the first half of 2006. The business? Or, as common sense would do just the opposite. Profits to the state deluge of applicants ensures that the Texas board suggest, can profits only be expanded if would drop. can choose the best doctors to practice there. It the price goes up? The importance of the price-elasticity concept also will give Texans more choice. The answer, fortunately or unfortunately, is, to the lottery actually has application to all sources Residents of other states aren’t so fortu- it depends. If a grocery lowers the price of bread of public revenues. Take the controversy over tax nate. The University of Nevada Medical Center by 20 percent a loaf, and twice as many loaves are rates, and whether lowering a tax rate can actually in Las Vegas, the only Level 1 trauma facility in sold, even though the grocer will make less profit increase tax revenue. The answer depends on the the region, shut down for 10 days in 2002 when per loaf, she will make more total profits. But if, price elasticity of the tax. Taxes that are price-elastic, specialists resigned because of high insurance when bread prices are cut 20 percent, only 5 percent meaning lowering the tax causes a large increase costs. more loaves are sold, not only will the grocer make in the economic activity being taxed, will gener- Earlier in this decade, doctors left their less profit per loaf, but the total profits from selling ate more revenues at lower rates. But taxes that are practices in New Jersey, Pennsylvania, North bread will also drop. price-inelastic will yield less tax revenues when the Carolina, and West Virginia because of the legal If you hang around economists like me, you’ll tax rate is cut. environment. find we have a name for this concept — price Of course, as an economist, I’m convinced that Don’t blame the insurers, either. They’re elasticity. It’s really a simple idea. Think of elastic- economics and economic concepts have wide ap- forced to raise rates to cover their costs when ity as meaning “stretch,” in the sense of how much plicability to many private and public decisions. But plaintiffs’ lawyers are winning absurdly large purchases will stretch when the price changes. Prod- with this explanation of the thinking behind chang- jury awards in states where there are no lim- ucts or services where purchases stretch a lot when ing North Carolina’s lottery rules, maybe you’ll its. Blame lawmakers who are less interested the price changes are called price-elastic. Products decide I’m not too far off base. CJ in curbing freewheeling malpractice lawsuits or services where purchases stretch very little when than in raking in trial lawyers’ campaign con- the price changes are called price-inelastic. tributions. CJ Gasoline is a good example of a price-inelas- Michael L. Walden is a William Neal Reynolds dis- tic product. Because most of us are locked in to tinguished professor at North Carolina State University our driving patterns, the mileage we drive and the and an adjunct scholar of the John Locke Foundation. CAROLINA September 2007 JOURNAL Opinion 27 Majority Party Procedures Ignore Millions of Citizens

ewspapers across the state $20.7 billion budget, increased spend- The minority party proposed ensuring also proposed bills that would allow have been reporting on what ing by 9.5 percent, increased taxes and those highway dollars were spent for residents of a proposed annexation happened during the 2007 fees by $209 million, and included highway needs by diverting the $170 area to vote on whether they wanted Nlegislative session. There are lists of $694 million in new debt. The minor- million transfer to fund a $2 billion to be annexed and another to require bills that have become law, of differ- ity party proposed an alternative transportation bond instead, without that basic services would have to be ent provisions budget of $19.9 billion it would have additional costs to taxpayers. provided to the annexed area before outlined in the increased spending by 6.5 percent and The majority party passed one additional taxes could be imposed. budget, and com- decreased corporate, sales, and in- substantive immigration law, which The majority party passed laws ments from the come taxes by more than $206 million. provides that efforts will be made that make it tougher for speeders majority party on While the majority party chose to determine the residency status of to cut deals to get out of tickets and what great things to increase spending in education by someone jailed on a felony or DWI provided that adults who provide were accomplished 11 percent, the minority party pro- charge. The minority party proposed alcohol to minors will lose their driv- this session for the posed saving millions of dollars in requirements for public employees to ers’ license. The minority party tried people of North school capital expenses by lifting the verify the citizenship of all new em- to pass Jessica’s Law, tried to break the Carolina. But only cap on charter schools. School build- ployees, to provide funds for sheriffs de facto death penalty moratorium, Becki half the story has Gray ing funds would be freed to educate for ICE programs, to place prisoners and allow sheriffs to report gun per- been told. children. While the majority party with illegal status in federal custody, mit denials across counties. They also Speaker Joe appropriated $112 million for More to ensure that only N.C. residents proposed to make the murder of an Hackney, on the Aug. 3 edition of at Four, a minority-party-sponsored receive in-state tuition at state univer- unborn victim a felony offense when “Legislative Week in Review,” said, bill (which actually passed) provides sities and community colleges, that the mother is murdered. Unbelievably, “We control the agenda.” The agenda an opportunity for older children to companies that employ illegals would this is not a crime in North Carolina. of the 2007 session is a reflection of the perform better in the early years of not qualify for economic incentives or Each member of the General As- values and goals of the majority party. school by simply changing the kinder- government contracts, and verifica- sembly is elected to represent an equal What is not widely reported garten start date from Oct. 16 to Aug. tion of lawful presence in this country number of N.C. citizens: about 74,000 are the bills that were proposed but 31, without costing taxpayers a dime. would be required before receiving in each House district and 177,000 in never heard, buried in committee or The majority party set aside $7 million public assistance. each Senate district. With only the ma- passed in one body but not the other, to study the abhorrently high dropout The majority party enacted more jority party’ views heard this session, and thus, never became law. Most of rate. The minority party proposed than 20 new local annexations and or- millions of North Carolinians were de- these dead bills were proposed by three vocational high schools to keep dered a study of statewide restrictions nied representation. All citizens have the minority party. Does it mean the children in school to learn real-life on building on slopes on private prop- a right for their views to be heard, minority party does not have good working skills. erty. The minority party tried to pass especially when those views are good ideas, that their values and goals are The majority party cut $48 mil- a law that would prevent the govern- for North Carolina. CJ not held by many North Carolinians? lion in funding for road construction ment from taking personal property No, it means they are not part of the and maintenance and continued the by eminent domain in order to give majority-set agenda. $170 million transfer out of the High- that property to another party for Becki Gray is the director of the The majority party crafted a way Trust Fund to the General Fund. economic development reasons. They State Policy Resource Center. Our Readers Praise And Also Criticize Carolina Journal

To the editor, First, enrollment padding and reform, a more robust accountability for With this being the first major TIF in the fraud, while enormously damaging to student learning and program outcomes, state, we wanted to make sure we got it I love your stories about Randy the system’s reputation even though it and the weak and largely ineffective right before proceeding. Parton! I think it is time for the public is fortunately limited, is only the ”tip of governance of the colleges. 2. You failed to mention the almost to know exactly what we in Roanoke the iceberg.” The impact over time of If current demographic and politi- $50 million of private money that went Rapids are dealing with when it comes the enrollment-based incentives inher- cal trends continue, this window is likely into razing the old mill site and cleaning to the ”Famous” Randy Parton! HA HA! ent in the full-time equivalent student to close by the end of the next decade it up all paid by David Murdock. Also, I think the city of RR has got themselves (fte) method of funding contributes to when the sheer numbers of urban vot- there is close to $500 million in private into a big mess with this whole deal! the development of ers will permanently end the political investment that is being made in the an ”FTE culture” domination of state government by rural district, again by David Murdock. Joey Briggs at the colleges, and Eastern NC counties. 3. The county’s contribution will Roanoke Rapids, N.C. Letters which subtly un- If the leaders of the NCCCS lack be indexed so that the county will not dermines the most the wisdom, will, and skills necessary to be obligated to provide more revenue to the important pri- achieve this badly needed transforma- to the TIF bonds than what is collected To the editor, orities: teaching, tion, the system will find itself answer- from David Murdock. Editor learning, and pro- able to a very different, and perhaps even 4. Had we gone with COPs fund- Excellent reading!! With your gram outcomes. less friendly, political environment. ing, then we would have ended up paper and the RHINO Times, a person Second, this obligating the entire county to pay for can get the real news. has stigmatized the John Duncan the project, and would have to collater- Lewis Idol system in the perceptions of legislative Monroe, N.C. alize major portions of current publicly Walkertown, N.C. funding sources as being mired in a owned property in the county. This mediocre attempt ”to be all things to all was judged to be unacceptable by the people,” without doing any one of those To the editor, board. To the editor, things really well. Thus, the legislature 5. It would have been beneficial for you, and gave more credibility had gives priority in education funding to the Since it appears CJ depended you taken the extra time to study the I commend the Carolina Journal more politically powerful public school primarily on Coy Privette and Harold whole issue. If you would ensure this for its coverage of the NC CC system’s and university systems. Smith to draw your conclusions about gets published in the Carolina Journal, I presidential search committee meeting Third, the selection of a new the North Carolina Research Campus, would appreciate it! in Raleigh. For the benefit of your read- president gives the NC State Board of I want to point out a couple of things Community Colleges a window of op- you may want to correct or explain ers, I want to place remarks I made at that Robert W. (Bob) Carruth portunity to improve the overall perfor- further: meeting that were quoted in the article Chair, Cabarrus County Board mance of the system by addressing the 1. The Cabarrus County commis- into the larger context of my comments of Commissioners three admittedly tough issues of funding sioners didn’t “relent” in its approval. to the committee. Concord, N.C. September 2007 C a r o l i n a 28 Parting Shot Journal Commerce Department to Launch Theater Division (a CJ parody)

By R. P. T. BARNUM Northeast Partnership CEO Rick Watson and a friend, Entertainment Writer Raleigh lawyer Ernie Pearson, will lead a staff of 20 ROANOKE RAPIDS employees. Watson said his goal was to have within he N.C. Department of Commerce is assem- 18 months at least one theater in each of the state’s bling a business recruitment division that will seven economic development regions. establish entertainment theaters throughout the A reporter with the Roanoke Rapids Daily Herald Tstate, department Secretary Jim Fain says. noted that on that day, the Parton Theatre had sold only “I predict that Theater Tourism will be one of the 25 tickets two hours before the 7:30 p.m. show time. fastest-growing segments of our state economy, and The reporter asked Fain whether the secretary had any we need to get in front of this trend, ensure adequate reservations about launching this new initiative. Fain public financing, and then take credit for all our good acknowledged that the Parton project has some serious work,” he said. issues, but he noted that his department has learned a “We can’t just sit back. After they see our suc- lot from the mistakes made in Roanoke Rapids. cesses, other states will set up theater programs,” he “Tonight’s ticket sales are a little disappointing. said. Fain unveiled his plans at a press conference Not only do we need to offer incentives to build these Aug. 22 in front of the new 1,500-seat Randy Parton Dolly Parton’s brother, Randy Parton (above), is the first in facilities, we need to create incentives for individuals Theatre in Roanoke Rapids. what the N.C. Commerce Department hopes is a long line of to actually attend the shows,” Fain said. He said he The city owns the building and leases it to Parton. marginal performers who will entertain all over the state. is working with legislative leaders on legislation to He has total control of the facility and is allowed to (CJ photo by Don Carrington) make ticket sales tax deductible charitable contribu- collect up to $1.5 million per year from the operation. tions, and to eliminate all sales taxes on concessions The city borrowed $21 million through the Tax Incre- novel tack in entertainment business. and merchandise purchased at the theater. ment Financing (TIF) program to finance the project, “We will be looking for marginal performers who Fain said he will be proposing another innova- but Parton has not invested any of his own money .The are relatives of famous entertainers,” he said. “Does tive financing tool to make up for operational short- city is hoping Parton will attract enough customers to Clay Aiken have any siblings? Now you know where falls at the Parton Theatre. He thinks a special Randy pay off the debt service. we are coming from.” Fain said his team is also trying Parton Theatre — RPT — license tag, similar to the Fain said Parton is exactly the type of performer to set up a meeting with President Clinton’s brother, Global TransPark — GTP — is an excellent way to the Commerce Department will be recruiting. “We Roger Clinton, who at one time had his own band. raise money. don’t want someone that has an established and suc- The Commerce Department’s success was con- There are about 30,000 vehicles registered in cessful career,” he said. “They would want too much firmed recently by one of the Parton concert attendees. Halifax and Northampton counties. The GTP car money. At $1.5 million a year, plus a house and car, “I’ve been to lots of shows and this one was truly tax was $5 per year, but that would bring in only the Parton project is probably at the limit of project marginal,” he said. $150,000 for this area. “We need a tax of at least $25 feasibility.” Fain said two veteran economic developers will per vehicle. That would bring in $750,000 — enough Instead, the Commerce Department is taking a head the new theater recruitment division. Former to cover Parton’s base pay,” Fain said. CJ

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