Latest News

The Supreme Court’s NOT Top 10: October Term 2015 Petitions the Justices Should Have Granted

WLF Legal Pulse - Fri, 09/23/2016 - 11:51am
This Monday the U.S. Supreme Court will conduct its Long Conference, so named for the larger than usual number of certiorari petitions it considers there.  With the fate of so many cert petitions hanging in the balance—and the overwhelming majority of them about to be denied—now is an opportune time to look back at the […]
Categories: Latest News

The Supreme Court’s NOT Top 10: October Term 2015 Petitions the Justices Should Not Have Denied

WLF Legal Pulse - Fri, 09/23/2016 - 9:57am
This Monday the US Supreme Court will conduct its so-called Long Conference, named for the fact that the large number of certiorari petitions it considers there cause it to last much longer than the other conferences the justices conduct throughout the year.  With the fate of so many cert petitions hanging in the balance—and the […]
Categories: Latest News

Federal Court in NY Cites Obstacle Preemption in Dismissing State-Law Fraud Suit Against Organic Producer

WLF Legal Pulse - Thu, 09/22/2016 - 12:50pm
Featured Expert Contributor — Civil Justice/Class Actions Frank Cruz-Alvarez, a Partner in the Miami, FL office of  Shook, Hardy & Bacon L.L.P. with Ravika Rameshwar, an Associate with the firm. On August 23. 2016, the US District Court for the Eastern District of New York dismissed a class-action suit that alleged the makers of Similac® […]
Categories: Latest News

Roe Statement: Hearing on “Discussion Draft to Modernize Multiemployer Pensions”

Education & the Workforce Committee - Thu, 09/22/2016 - 12:00am
We are here to discuss an issue that is vitally important to Americans from all walks of life: retirement security. This is a leading priority for millions of hardworking men and women, and that is why it’s a leading priority for Republicans and Democrats alike.

Strengthening retirement security has always been a difficult challenge with no easy answers. It’s one that demands thoughtful dialogue, bipartisan cooperation, and meaningful reforms. That’s exactly what our committee has been engaged in for several years now.

Since 2012, the committee has focused on examining and advancing bipartisan reforms to the multiemployer pension system. Over 10 million Americans rely on multiemployer pension plans. Unfortunately, many plans are severely underfunded due to an aging population, a weak economy, and fewer participating employers. To make matters worse, the federal agency insuring those plans—the Pension Benefit Guaranty Corporation or PBGC—is also headed for insolvency. As a result, workers, retirees, businesses, and taxpayers are at risk.

Fortunately, Congress has already taken action to help address this crisis. With the support of employers and labor leaders, Congress passed and President Obama signed into law important reforms to improve PBGC’s long-term stability, provide trustees with the tools they need to rescue failing plans, and prevent retirees from losing everything. These reforms represent significant progress, but there’s more work to be done.

Our focus now turns toward modernizing the multiemployer pension system for today’s workers and tomorrow’s retirees. A lot has changed since multiemployer pensions were developed decades ago. As union leaders, employers, and retiree and taxpayer advocates have expressed for years—it’s long past time to bring the system into the 21st century.

So, what does a modern multiemployer pension system look like? I hope we can dive deeper into this important question today. Before we begin, I’d like to explain a few guiding principles.

First and foremost, our goal is to strengthen retirement security. America’s workers deserve better than retirement plans based on empty promises and designed for yesterday’s workforce. In the 21st century, workers should have more retirement plan options that meet their needs.

While we take steps to modernize the system for the future, we must also protect workers and retirees in traditional multiemployer pension plans. We will continue to do everything possible to ensure those who have spent their lifetimes working hard and providing for their families can spend their retirement years with security and peace of mind. That means employers—even those who transition to modern retirement plans—should be required to sufficiently fund existing multiemployer pension commitments.

Second, a modern multiemployer pension system will improve the competitiveness of America’s businesses. In the 21st century, employers shouldn’t have to choose between growing their businesses or offering their employees secure and stable benefits. More flexibility through alternative plan options will empower employers to expand their businesses and create good-paying jobs—all while contributing toward their employees’ retirement.

Finally, we need to deliver greater protection for taxpayers. Unlike traditional defined benefit plans, these new multiemployer pension plans should not be covered by the PBGC. The last thing we need to do is to add more financial strain on an agency projected to go bankrupt in less than 10 years. And the last thing taxpayers need is to foot the bill for a multi-billion dollar bailout.

These are the overarching principles behind the discussion draft Chairman Kline recently released. His proposal would provide workers and employers a new retirement plan option known as “composite plans,” which combine the flexibility of 401(k)-style defined contribution plans with the lifetime income provided by defined benefit pension plans.

The draft proposal reflects input from employers, labor leaders, and retiree and taxpayer advocates. Still, we need more feedback. As its title suggests, this is a draft meant to spur a conversation. So, we want to hear from all of you and the broader public. How can we make this proposal best serve the interests of workers and employers?

We also welcome your views and ideas on reforms to improve PBGC’s fiscal health. Although we took steps to address PBGC’s shortfalls in 2014, more work is desperately needed, including further premium increases. The stakes couldn’t be higher: people’s retirement benefits—their livelihoods, their futures—are in jeopardy, and kicking the can down the road will only make the problem worse and unfairly threaten taxpayers with a bill they can’t afford.

We don’t always agree on everything. But I appreciate the bipartisan work this committee has done over the years to strengthen retirement security and tackle the challenges facing the multiemployer pension system. I hope we can continue what we started by advancing further reforms and modernizing the system for today’s workers and future generations. 

Federal Court Deems “Identifiable Trifle” to Be Sufficient Harm for Environmental Citizen-Suit Standing

WLF Legal Pulse - Wed, 09/21/2016 - 4:29pm
Featured Expert Column – Environmental Law and Policy By Samuel B. Boxerman, Sidley Austin LLP with Katharine Falahee Newman, Sidley Austin LLP In late August, the United States District Court for the Central District of Illinois held that the owner and operator of a coal-fired power plant was liable for violations of the Clean Air […]
Categories: Latest News

Rokita Statement: Hearing on “Supplanting the Law and Local Education Authority Through Regulatory Fiat"

Education & the Workforce Committee - Wed, 09/21/2016 - 10:00am
When the committee last met to discuss the Every Student Succeeds Act, we heard concerns from state and local education leaders that the administration is not implementing the law in a way that respects its letter and intent. Since that time, the Department of Education has released a regulatory proposal so unprecedented—and so unlawful—that it demands its own examination.

The proposal I’m referring to is the department’s proposed “supplement, not supplant” regulation. This proposal changes the long-standing policy that federal funds supplement—rather than supplant—state and local resources. For years, the rule was applied differently depending on how many low-income students a school served. As a result, schools faced different requirements—some more onerous than others. That changed with the Every Student Succeeds Act—legislation that was passed with overwhelming support from both Republicans and Democrats.

Now, according to the law, the rule should be enforced equally across all schools. Districts only have to show that funds are distributed in a way that doesn’t take into account federal resources, and Congress deliberately chose not to prescribe a specific approach or outcome. The law also clearly prohibits the secretary of education from interfering in the process. However, that is exactly what this proposed rule would do, and the consequences will be significant.

As Chairman Kline explained when the regulation was proposed, it threatens to impose a multi-billion dollar regulatory tax on schools across the country. To comply with the policy, many school districts will have no choice but to change their hiring practices and relocate their teachers. Other communities may have to raise taxes because they simply don’t have the resources to meet this new burden. Some districts may have to do both.

Regardless of how a district must cope with the new regulation, the bottom line is that schools will be forced to make decisions based on getting the numbers to work—not on what’s best for their students—and the federal government will have unprecedented control over local education funding.

The department has said that its proposal will provide schools “flexibility,” but it really just dictates a short list of bad options. And, at the end of the day, it will be America’s poorest neighborhoods that are impacted most. That is the last thing Congress intended when it passed the Every Student Succeeds Act.

In fact, Congress considered similar reforms during debate of the legislation that focused on a separate provision, comparability. Instead, Congress specifically chose not to touch that provision and flat out rejected adopting a policy like the one the department is now trying to impose.

The department insists their “supplement, not supplant” proposal is not related to comparability, but even the nonpartisan Congressional Research Service has explained how this proposal is essentially an indirect way to amend the comparability provision. In short, this regulatory scheme is an attempt to accomplish something Congress specifically chose not to do. And anyone who was involved in passing the Every Student Succeeds Act knows that—whether they are willing to say so or not.

Still, even if the department were confused about the intent of the law, nothing excuses the fact that what it is proposing is simply unlawful. Again—as you can see in this language taken directly from the law—the Every Student Succeeds Act specifically prohibits the secretary from “prescribing the specific methodology a local education agency uses to allocate state and local funds to each school receiving assistance.” The department claims that is not what they’re doing, but with its limited list of options, it’s clear that is exactly what is happening. That’s why we have called on the department to throw this punitive policy out and to implement the law as it was written and intended.

For too long, our schools were forced to contend with a failed, top-down approach to education. That all changed with the Every Student Succeeds Act, but it seems the department hasn’t learned its lesson and is intent on undermining those important, bipartisan reforms. We will do everything in our power to ensure that doesn’t happen.

This hearing is part of our efforts to protect students, families, and taxpayers from this unprecedented and unlawful regulatory scheme—and just as importantly, to help every child receive an excellent education. The best chance we have to accomplish that critical goal is to ensure the Every Student Succeeds Act is implemented according to the letter and intent of the law.

I look forward to hearing from our witnesses today and how they see this proposal impacting their local communities and schools across the country.

 

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Curbelo Statement: Debate on H.R. 5963, the Supporting Youth Opportunity and Preventing Delinquency Act

Education & the Workforce Committee - Tue, 09/20/2016 - 2:30pm
Helping kids succeed in life is a priority we all share. That’s why we work to make sure all children have access to the education and the opportunities necessary to achieve their goals and build fulfilling futures for themselves.

Unfortunately, too many children don’t realize that success is even an option for them. Too many others believe their chance has passed or don’t know how to seize it. As a result, they make decisions that put them on the wrong path and—in some cases—in the juvenile justice system. These are the children this legislation will help.

H.R. 5963 includes a number of positive reforms, all aimed at improving services to keep at-risk youth out of the juvenile justice system and help juvenile offenders turn their lives around.

First, the bill’s reforms will set these children up for long-term success. They will help them gain the skills they need to become productive members of society or a second chance to reach their full potential. These reforms will also give state and local leaders the flexibility to meet specific and unique needs of vulnerable kids in their communities.

The legislation also prioritizes what works, focusing on evidence-based strategies that will help reduce juvenile delinquency. It will also give policymakers, state and local leaders, and service providers a better understanding of the best ways to serve kids across the country.

Finally, the bill improves oversight and accountability to ensure juvenile justice programs are delivering positive results for children and to protect the taxpayers’ investment in these important programs.

These are all commonsense measures that will reform the juvenile justice system and improve public safety. But more than that, they will provide opportunities for kids to build successful, fulfilling lives—especially for young men and women who never thought that kind of life was possible.

I was happy to partner with our ranking member, Bobby Scott, on this important piece of legislation, and I am proud of the work we have done together. Mr. Scott has long been a champion of this effort, and with this bipartisan effort, we have put forward a good bill that will help more children in this country achieve success in life.

I would also like to thank our colleagues in the Senate—especially Judiciary Committee Chairman Chuck Grassley and Senator Sheldon Whitehouse—for their leadership and hard work, as well as Chairman John Kline, Amy Jones, Leslie Tatum, and the rest of the Education and the Workforce Committee staff. They have all helped pave the way for the reforms in the bill before us today, and I look forward to working with them to complete this important effort.

 

Masonry Firm Builds On Tradition, Family

More news - Tue, 09/20/2016 - 12:58pm
Categories: Latest News

Extension of Comment Period – Horse Protection; Licensing of DQPs and Other Amendments

Office of Advocacy - Mon, 09/19/2016 - 12:25pm

On September 19, 2016, the Animal & Plant Health Inspection Service (APHIS) extended the public comment period by 30 days for its proposed rule, “Horse Protection; Licensing of Designated Qualified Persons and Other Amendments.”  The proposed rule would transfer responsibility for training, licensing, and monitoring third-party, independent inspectors (known as “Designated Qualified Persons” or DQPs) to APHIS and would create additional licensing eligibility requirements for DQPs.

Categories: Latest News, SBA Advocate

NOAA Proposes Protective Regulations for Hawaiian Spinner Dolphins

Office of Advocacy - Mon, 09/19/2016 - 12:23pm

On August 24, 2016, the National Oceanic and Atmospheric Administration (NOAA) has proposed a regulation under the Marine Mammal Protection Act (MMPA) to prohibit swimming with and approaching Hawaiian spinner dolphins within 50 yards.  The proposed rule would apply to activities within 2 nautical miles (nm) of the Hawaiian Islands and in the waters between the islands of Lanai, Maui, and Kahoolawe.  In addition, the proposed rule would prohibit approach by interception.

Categories: Latest News, SBA Advocate

With 3 Cases on October 2016 Docket, US Supreme Court Poised to Expand Its Impact on Patent Rights

WLF Legal Pulse - Thu, 09/15/2016 - 12:05pm
Featured Expert Contributor – Intellectual Property (Patents) Jeffri A. Kaminski, Venable LLP The US Supreme Court will hear arguments on three patent cases in the October 2016 Term.  Each case addresses a different area of patent law. In Samsung v. Apple (argument October 11), the Court will address the amount of damages awarded for infringement […]
Categories: Latest News

Curbelo Statement: Markup of H.R. 5963, the Supporting Youth Opportunity and Preventing Delinquency Act

Education & the Workforce Committee - Wed, 09/14/2016 - 10:05am
Every child deserves the opportunity to achieve a lifetime of success. That’s why we worked together to empower parents and restore local control to K-12 education with the Every Student Succeeds Act. It’s why we advanced five bipartisan bills that will help more Americans pursue a higher education. And it’s why we advanced the Strengthening Career and Technical Education for the 21st Century Act, a bill that will help students acquire the knowledge, skills, and experience they need to compete in the workforce.

The reforms are different, but the goal is the same: putting people on a pathway to success. And that’s the reason we are here today.

Since 1974, the Juvenile Justice and Delinquency Prevention Act has coordinated federal resources to improve state juvenile justice systems. By focusing on education and rehabilitation, the law supports state efforts to put some of the most vulnerable kids across the country on the right path. That includes both keeping at-risk youth out of the juvenile justice system and giving kids who are already in the system a second chance to turn their lives around.

Over the years, these programs have made a real difference in the lives of many children—children like Sloane Baxter. As Sloane explained to us at a hearing last year, he was on the wrong path as a teenager and eventually ended up in the District of Columbia’s juvenile justice system. Sloane was detained in a youth detention center and later participated in a community-based alternative program called Boys Town.

Ranking Member Scott and I recently visited that same program, and it was easy to see how it helps kids like Sloane grow into productive, responsible, and healthy individuals. Today, Sloane is a high school graduate, works as a coffee barista, and runs his own home improvement business. He is on the right path, and he described that experience to us, saying:

“I easily could have become a statistic ... Instead, I’m a tax-paying, contributing member of society. There is that same possibility in every other young person as long as you, me, all of us are willing to not give up on them before they even really get to start.”

That possibility—that potential—is the reason we are considering this bill today. Introduced by Representative Curbelo and Ranking Member Scott, it reauthorizes and improves current law to help state and local leaders explore and implement better ways to serve at-risk youth and juvenile offenders in their communities. The bill will deliver state and local leaders flexibility to meet the needs of vulnerable children; support prevention services for at-risk youth; and focus on proven strategies that will produce results. It will also improve accountability and oversight to protect taxpayer dollars and help ensure the system is working.

Mr. Curbelo will discuss in greater detail the positive reforms in the bill. These reforms will deliver a collaborative and comprehensive system that brings parents, teachers, and community members together to help kids reject a life of crime and seize opportunities to achieve a lifetime of success. I urge my colleagues to help us put more children on the right path by advancing the Supporting Youth Opportunity and Preventing Delinquency Act.

In closing, I would like to note that this has long been a priority for Ranking Member Scott. I thank him for his leadership in championing this effort, and I commend both him and Representative Curbelo for working together to deliver bipartisan reforms that will make a real difference in the lives of a lot of children. I will now recognize Ranking Member Scott for his opening remarks.

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Kline Statement: Markup of H.R. 5963, the Supporting Youth Opportunity and Preventing Delinquency Act

Education & the Workforce Committee - Wed, 09/14/2016 - 10:00am
Every child deserves the opportunity to achieve a lifetime of success. That’s why we worked together to empower parents and restore local control to K-12 education with the Every Student Succeeds Act. It’s why we advanced five bipartisan bills that will help more Americans pursue a higher education. And it’s why we advanced the Strengthening Career and Technical Education for the 21st Century Act, a bill that will help students acquire the knowledge, skills, and experience they need to compete in the workforce.

The reforms are different, but the goal is the same: putting people on a pathway to success. And that’s the reason we are here today.

Since 1974, the Juvenile Justice and Delinquency Prevention Act has coordinated federal resources to improve state juvenile justice systems. By focusing on education and rehabilitation, the law supports state efforts to put some of the most vulnerable kids across the country on the right path. That includes both keeping at-risk youth out of the juvenile justice system and giving kids who are already in the system a second chance to turn their lives around.

Over the years, these programs have made a real difference in the lives of many children—children like Sloane Baxter. As Sloane explained to us at a hearing last year, he was on the wrong path as a teenager and eventually ended up in the District of Columbia’s juvenile justice system. Sloane was detained in a youth detention center and later participated in a community-based alternative program called Boys Town.

Ranking Member Scott and I recently visited that same program, and it was easy to see how it helps kids like Sloane grow into productive, responsible, and healthy individuals. Today, Sloane is a high school graduate, works as a coffee barista, and runs his own home improvement business. He is on the right path, and he described that experience to us, saying:

“I easily could have become a statistic ... Instead, I’m a tax-paying, contributing member of society. There is that same possibility in every other young person as long as you, me, all of us are willing to not give up on them before they even really get to start.”

That possibility—that potential—is the reason we are considering this bill today. Introduced by Representative Curbelo and Ranking Member Scott, it reauthorizes and improves current law to help state and local leaders explore and implement better ways to serve at-risk youth and juvenile offenders in their communities. The bill will deliver state and local leaders flexibility to meet the needs of vulnerable children; support prevention services for at-risk youth; and focus on proven strategies that will produce results. It will also improve accountability and oversight to protect taxpayer dollars and help ensure the system is working.

Mr. Curbelo will discuss in greater detail the positive reforms in the bill. These reforms will deliver a collaborative and comprehensive system that brings parents, teachers, and community members together to help kids reject a life of crime and seize opportunities to achieve a lifetime of success. I urge my colleagues to help us put more children on the right path by advancing the Supporting Youth Opportunity and Preventing Delinquency Act.

In closing, I would like to note that this has long been a priority for Ranking Member Scott. I thank him for his leadership in championing this effort, and I commend both him and Representative Curbelo for working together to deliver bipartisan reforms that will make a real difference in the lives of a lot of children. I will now recognize Ranking Member Scott for his opening remarks.

 

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Kline Statement: Debate on H.R. 5587, the Strengthening Career and Technical Education for the 21st Century Act

Education & the Workforce Committee - Tue, 09/13/2016 - 3:30pm
A quality education is vital to succeeding in today’s workforce. However, it’s important to know that a quality education doesn’t have to mean a four-year college degree. Career and technical education can be just as valuable, and for many individuals, it’s the path that’s best for them.

Earlier this year, members on the Education and the Workforce Committee heard from Paul Tse. Paul struggled as a student, but his life changed when he enrolled in a CTE program at the Thomas Edison High School of Technology in Silver Spring, Maryland. Today, Paul has a fulfilling career and not a dime of student loan debt.

There are countless other success stories just like Paul’s. The CTE classes Rob Griffin took as a high school student in Whitfield County, Georgia, prepared him for a successful career at one of the nation’s leading steel fabricators.

The hands-on experience Alex Wolff received at the Santa Barbara County Regional Occupational Program led to a rewarding career in electrical engineering. And Jasmine Morgan from the Atlanta area found her passion through CTE coursework and landed a job as a sports marketing specialist.

The goal of this legislation is to help more individuals write their own success stories. This bipartisan legislation will empower state and local leaders to tailor CTE programs to serve the best interests of the students in their communities. It will improve transparency and accountability, as well as ensure federal resources are aligned with the needs of the local workforce and help students obtain high-skilled, high-demand jobs.

These positive reforms are an important part of our broader agenda, A Better Way, which is aimed at helping more men and women achieve a lifetime of success. I want to thank Representatives Glenn Thompson and Katherine Clark for their leadership, and I urge my colleagues to support this legislation

 

Thompson Statement: Debate on H.R. 5587, the Strengthening Career and Technical Education for the 21st Century Act

Education & the Workforce Committee - Tue, 09/13/2016 - 3:00pm
A weak economy and advances in technology have dramatically changed today’s job market, creating both challenges and opportunities for men and women entering the workforce. That is why equipping today’s students with the tools they need to remain competitive is essential. One way we can achieve that goal is by strengthening career and technical education programs for those eager to pursue pathways to success.

As co-chair of the Career and Technical Education Caucus, I have worked hard to increase awareness about the opportunities available through CTE. For some students, a four-year college is the best path forward. For others, a CTE program might be the best way to shape a fulfilling and successful future.

These state and local programs help individuals obtain the knowledge and skills they need to be successful in a number of different occupations and fields—fields like health care, technology, and engineering. However, the law that provides federal support for these programs has not been updated in more than a decade. Simply put: It does not address the new challenges today’s students, workers, and employers face.

That’s why I, along with my colleague Representative Katherine Clark, introduced H.R. 5587—a bill that works to modernize and improve current law to better reflect those challenges and provide more opportunities for students to pursue successful, rewarding careers.

Recognizing the importance of engagement with community leaders and local businesses, this bill empowers state and local leaders by providing them with the flexibility they need to best prepare their students for the workforce and respond to the changing needs of their communities. H.R. 5587 also promotes work-based learning and encourages stronger partnerships with employers to help students obtain jobs now and throughout their lifetimes.

I am also proud to say H.R. 5587 takes steps to reduce the federal role in career and technical education while ensuring transparency and accountability among CTE programs. By streamlining performance measures, the bill provides state and local leaders—rather than the federal government—with the tools they need to hold these programs accountable.

These are just some of the important reforms this bill makes to provide Americans with clear pathways to success.

 

Ninth Circuit to Hear Oral Argument in Pair of Food-Labeling Cases

WLF Legal Pulse - Mon, 09/12/2016 - 12:25pm
Today, September 12, the United States Court of Appeals for the Ninth Circuit will hear oral arguments in two class-action food-labeling cases.  The issues before the court are similar and the cases arise from nearly identical facts: the plaintiffs allege that the defendants’ product labels are false or misleading in violation of various state laws […]
Categories: Latest News

Shutting Down For-Profit Schools Could Hurt More People Than It Would Help

Education & the Workforce Committee - Mon, 09/12/2016 - 12:00am

Shutting Down For-Profit Schools Could Hurt More People Than It Would Help
By Editorial Board

Never mind that the higher education plans of tens of thousands of students will be disrupted. Or that 8,000 people will lose their jobs. Or that American taxpayers could be on the hook for hundreds of millions of dollars in forgiven student loans. What is apparently of most importance to the Obama administration is its ideological opposition to for-profit colleges and universities. That’s a harsh conclusion, but it is otherwise hard to explain why the Education Department has unabashedly used administrative muscle to destroy another company in the beleaguered industry.

ITT Technical Institutes, one of the nation’s largest for-profit educational chains, on Tuesday abruptly announced that after 50 years in business it was shutting down more than 100 campuses in 38 states. The announcement, displacing an estimated 40,000 students, follows last month’s decision by the Education Department barring the school from enrolling new students using federal student aid and upping its surety requirements. The department said it was acting to protect students and taxpayers, noting the school had been threatened with a loss of accreditation and that it was facing a number of ongoing investigations by both state and federal authorities.

What is so troubling about the department’s aggressive move—which experts presciently called a death sentence—is that not a single allegation of wrongdoing has been proven against the school. Maybe the government is right about ITT’s weaknesses, but its unilateral action without any semblance of due process is simply wrong. “Inappropriate and unconstitutional,” said ITT officials.

Such unfairness sadly is a hallmark of the Obama administration policy toward higher education’s for-profit sector. It has singled out the industry for stringent employment and student loan rules and stepped up enforcement with stiff sanctions that, as The Post’s Danielle Douglas-Gabriel reported, have some companies on the brink of ruin.

There is no question that there are shady for-profit colleges and universities that take advantage of students by saddling them with debt and failing to give them marketable skills. They should not be in business. But then the same can be said for some public and private schools, whose wretched weaknesses the government seems glad to overlook.

To read the op-ed online, click here.


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