Monday, June 21, 2010
The devil and idle hands
Happy summer solstice, everyone.
When I was illegally fired in 2002, it was by no means clear that neoliberalism's demise ensured that prolonged unemployment was going to become endemic in OECD countries. I am part of the shock troop of a new social movement, which will surely end with only university presidents and quants having jobs. Given that the Irish authorities will not give the dole, let alone pay-related social insurance to ex-lecturers (as they told me in person), what could a poor boy do but join a Celtic jazz band? (As well as publishing quite a few journal publications, and being appointed to both Berkeley and Stanford faculties, ach sin sceal eile).
It struck me, as this blog has repeatedly said, that public universities are a deal between scholars and the state authorities. The former get some security; as does the latter, from what scholars can unleash if not domesticated. The classic example is Karl Marx; had he been allowed develop as Dozent and Professor Marx in the sublime heights of 19th century German culture, he would now be spoken of in the same breath as Helmholtz. Instead, his half-baked theories escaped proper academic scrutiny before being tried out on the lives of hundreds of millions of the hapless. My path was less extreme.
The first project I got involved in was gigging with my brilliantly talented partner Melanie O'Reilly from the “weapons? What weapons?" 2003 tour on to the recent gigs. We are about to record again; here are some free downloads
You will note from our company Mistletoe's website that we have also produced an award-winning series of jazz documentaries, interviewing Clint Eastwood agus a leitheid. NPR in the USA want to run them over here.
In the USA, I formed the band ashling imparting an improvisational ethos to Irish trad, as here in Berkeley's Freight and Salvage. Between this and Melanie's radically defining a whole new genre we have been busy. The comings and goings with IMRO, an organization fully as corrupt and damaging to Irish society as DCU under Ferdie, have been covered recently in the Irish media
However, today has been a milestone. Herbie Hancock wanted a translator for Bob Dylan's plagiarized Carraroe waltz, “The times they are a changing” Better still, the execrable Lisa Hannigan was to sing with the Chieftains who are products of two deceased Asperger-type genii Sean O Riada and Derek Bell, neither of whom were capable of organizing even an elementary life; since the latter died, the chieftains keep revitalizing clapped-out rock and now jazz heads. I refused to allow my name be used; so Frank Lillis. I note they got aine ni ghlinn to post edit the lyrics I wrote as Frank Lillis. The difficulty was to write in Irish something as bad as Dylan's doggerel; I may have succeeded.
Seán Ó Nualláin Ph.D 21u Meitheamh 2010
PS Jazz joke; When Herbie Hancock phoned, He said “This is Herbie Hancock “ I replied “so what?”
Herbie's latest projects have been IMO sellouts of his massive talent.
PPS I note that Lisa H has now given an inaccurate version of what happened, published in the Irish Times;
http://www.irishtimes.com/newspaper/theticket/2010/0625/1224273228661.html
PPPS 25 Lunasa 2010
As it turns out Aine ni Ghlinn did not even postedit my work
Tha matter has now gone to litigation after this correspondence;
De: "Melinda Murphy"
À: "Mistletoe Music USA"
Cc: "Sean O'Nuallain" <
Envoyé: Samedi 21 Août 2010 00:26:46
Objet: Re: Lisa Hannigan's inaccurate version of events/Irish Times
Hi Melanie,
Hope all is well?
I hope that you did receive my email apologizing for the confusion on this
situation. You are correct in that Sean did the complete translation, Lisa
called a relative in Ireland on the recording date to ask for help in the
pronunciation, as she does not speak Gaelic. I sent your email below to our
publicist and our Project Manager, Alan Mintz to get the situation rectified
back in June. I don't normally see press items unless they are sent to us by
the label or the publicist. So, I wanted to check in with you and find out
if you had seen that this was corrected?
I would also like to send you and Sean a copy of the CD. Please let me know
where I should send them!
Thank you!
--
Melinda Murphy
Hancock Music Co.
1250 N. Doheny Drive
Los Angeles, CA 90069
melinda.murph
(310) 273-3321
(310) 858-1049 fax
From: Mistletoe Music USA <
Date: Fri, 25 Jun 2010 14:10:12 -0700
To: Melinda Murphy <
Cc: Sean O'Nuallain <
Subject: Lisa Hannigan's inaccurate version of events/Irish Times
Hi Melinda
We do appreciate the credit and thanks on Herbie's latest CD.
However, Lisa Hannigan's inaccurate version of events in this Irish Times
article is rather concerning and re-writes history in an inaccurate way,
with regard to the translation of The Times they are a changing.
See:
http://www.irishtimes.com/newspaper/theticket/2010/0625/1224273228661.html
While she talks about her difficulty in pronunciation, she does not mention
that the lyrics had already been supplied, and by omitting that name (Frank
Lillis), she has has now given all the credit to her friend. This is a
serious inaccuracy.
We all worked hard on this, and during the time my mother was dying.
Please can you write to the author of the Irish Times to tell them the true
story and get them to publish a correction. At the top of the article, it
says you can email the author directly.
Sean is now glad that he did not allow his real name to be used in what is
clearly a compromised project.
We would appreciate if you can correct this with Lisa Hannigan and the Irish
Times as soon as possible.
I have always enjoyed our communication, and I hope that this will be sorted
as soon as possible.
Kind regards
Melanie
16 u Mean Fomhair
It gets even better. Even after being alerted to the fact that Herbie Hancock's team were unhappy, the IT still refused to correct - in violation of their own policies
It took a phonecall from Sony in Ireland to get them to budge
When I was illegally fired in 2002, it was by no means clear that neoliberalism's demise ensured that prolonged unemployment was going to become endemic in OECD countries. I am part of the shock troop of a new social movement, which will surely end with only university presidents and quants having jobs. Given that the Irish authorities will not give the dole, let alone pay-related social insurance to ex-lecturers (as they told me in person), what could a poor boy do but join a Celtic jazz band? (As well as publishing quite a few journal publications, and being appointed to both Berkeley and Stanford faculties, ach sin sceal eile).
It struck me, as this blog has repeatedly said, that public universities are a deal between scholars and the state authorities. The former get some security; as does the latter, from what scholars can unleash if not domesticated. The classic example is Karl Marx; had he been allowed develop as Dozent and Professor Marx in the sublime heights of 19th century German culture, he would now be spoken of in the same breath as Helmholtz. Instead, his half-baked theories escaped proper academic scrutiny before being tried out on the lives of hundreds of millions of the hapless. My path was less extreme.
The first project I got involved in was gigging with my brilliantly talented partner Melanie O'Reilly from the “weapons? What weapons?" 2003 tour on to the recent gigs. We are about to record again; here are some free downloads
You will note from our company Mistletoe's website that we have also produced an award-winning series of jazz documentaries, interviewing Clint Eastwood agus a leitheid. NPR in the USA want to run them over here.
In the USA, I formed the band ashling imparting an improvisational ethos to Irish trad, as here in Berkeley's Freight and Salvage. Between this and Melanie's radically defining a whole new genre we have been busy. The comings and goings with IMRO, an organization fully as corrupt and damaging to Irish society as DCU under Ferdie, have been covered recently in the Irish media
However, today has been a milestone. Herbie Hancock wanted a translator for Bob Dylan's plagiarized Carraroe waltz, “The times they are a changing” Better still, the execrable Lisa Hannigan was to sing with the Chieftains who are products of two deceased Asperger-type genii Sean O Riada and Derek Bell, neither of whom were capable of organizing even an elementary life; since the latter died, the chieftains keep revitalizing clapped-out rock and now jazz heads. I refused to allow my name be used; so Frank Lillis. I note they got aine ni ghlinn to post edit the lyrics I wrote as Frank Lillis. The difficulty was to write in Irish something as bad as Dylan's doggerel; I may have succeeded.
Seán Ó Nualláin Ph.D 21u Meitheamh 2010
PS Jazz joke; When Herbie Hancock phoned, He said “This is Herbie Hancock “ I replied “so what?”
Herbie's latest projects have been IMO sellouts of his massive talent.
PPS I note that Lisa H has now given an inaccurate version of what happened, published in the Irish Times;
http://www.irishtimes.com/newspaper/theticket/2010/0625/1224273228661.html
PPPS 25 Lunasa 2010
As it turns out Aine ni Ghlinn did not even postedit my work
Tha matter has now gone to litigation after this correspondence;
De: "Melinda Murphy"
À: "Mistletoe Music USA"
Cc: "Sean O'Nuallain" <
Envoyé: Samedi 21 Août 2010 00:26:46
Objet: Re: Lisa Hannigan's inaccurate version of events/Irish Times
Hi Melanie,
Hope all is well?
I hope that you did receive my email apologizing for the confusion on this
situation. You are correct in that Sean did the complete translation, Lisa
called a relative in Ireland on the recording date to ask for help in the
pronunciation, as she does not speak Gaelic. I sent your email below to our
publicist and our Project Manager, Alan Mintz to get the situation rectified
back in June. I don't normally see press items unless they are sent to us by
the label or the publicist. So, I wanted to check in with you and find out
if you had seen that this was corrected?
I would also like to send you and Sean a copy of the CD. Please let me know
where I should send them!
Thank you!
--
Melinda Murphy
Hancock Music Co.
1250 N. Doheny Drive
Los Angeles, CA 90069
melinda.murph
(310) 273-3321
(310) 858-1049 fax
From: Mistletoe Music USA <
Date: Fri, 25 Jun 2010 14:10:12 -0700
To: Melinda Murphy <
Cc: Sean O'Nuallain <
Subject: Lisa Hannigan's inaccurate version of events/Irish Times
Hi Melinda
We do appreciate the credit and thanks on Herbie's latest CD.
However, Lisa Hannigan's inaccurate version of events in this Irish Times
article is rather concerning and re-writes history in an inaccurate way,
with regard to the translation of The Times they are a changing.
See:
http://www.irishtimes.com/newspaper/theticket/2010/0625/1224273228661.html
While she talks about her difficulty in pronunciation, she does not mention
that the lyrics had already been supplied, and by omitting that name (Frank
Lillis), she has has now given all the credit to her friend. This is a
serious inaccuracy.
We all worked hard on this, and during the time my mother was dying.
Please can you write to the author of the Irish Times to tell them the true
story and get them to publish a correction. At the top of the article, it
says you can email the author directly.
Sean is now glad that he did not allow his real name to be used in what is
clearly a compromised project.
We would appreciate if you can correct this with Lisa Hannigan and the Irish
Times as soon as possible.
I have always enjoyed our communication, and I hope that this will be sorted
as soon as possible.
Kind regards
Melanie
16 u Mean Fomhair
It gets even better. Even after being alerted to the fact that Herbie Hancock's team were unhappy, the IT still refused to correct - in violation of their own policies
It took a phonecall from Sony in Ireland to get them to budge
Tuesday, June 15, 2010
Corruption at the Employment Appeals Tribunal
The Employment Appeals Tribunal (EAT), set up in 1977, was championed by
the then Labour party Michael O'Leary as a mechanism for quick
reinstatement of the unfairly dismissed. He reasoned that time was
always on the employer's side; very few people with a family to house
and feed could hold out for more than a few months, and the 1990 act
forbade his/her comrades to go on strike. Appeal to it was understood as
utterly independent of any high Court action, a fact which will soon
become salient.
Elsewhere, we are told (from http://www.citizensinformation.ie/categories/employment/enforcement-and-redress/employment_appeals);
“
At present there is a backlog of cases awaiting hearing by the Employment Appeals Tribunal. If you work in Dublin, currently (2010) you may be waiting for 8-9 months before your case is heard. “
Or indeed 8 years. I have now utterly lost confidence in this process; the remainder of this post will explain why.
In the first place, the law is tilted irrevocably in the employer's favour. Not only are one's colleagues prohibited from striking for an individual case– and SIPTU explained to me that Jack O'Connor was not going to allow a strike, even if the closed shop union “members” voted for it concerning the statute- but the employer can appeal. In fact, these appeals can be continued for decades, leaving the employee broke and bereft of any way of making a living
The details of DCU's illegal disciplinary statute and its filleting by the High and Supreme courts in Ireland are now well-known. What I am about to recount is the set of events following the Jan 30, 2003 judgeship for my reinstatement. DCU had until Mar 14, 2003 to announce whether they were appealing. On Mar 10, 2003, they said they would, and demanded that the shop steward finalize the statute on Mar 12. I managed to stop this happening; my “reward” was that SIPTU
(illegally) rescinded the strike option on Mar 19, leaving me out to twist in the wind, as they damn well knew. I have had no income since May, 2002, and SIPTU has made no effort to get me any beyond a token sum of 14k in 2002.
The EAT immediately went into a black hole. I saw the writing on the wall, and sold my family home in July 2003. Just as well; without consulting me, the EAT hearing scheduled for Oct 8, 2003 was canceled, because IBEC was so sickened by Morris's and Prondzynski's refusal to give evidence that they pulled out of the case (source; Graham Fagan, IBEC, 4 Oct 2003). Moreover, hearings are not meant to be deferred, beyond a 5-day grace period after their announcement. The EAT violated this central dictum twice, first in 2003.
I had waited around Ireland, annoying the Stanford and Berkeley colleagues who had invited me over, until the meeting with Fagan. Very well; but as soon as I got to the USA, I had to return for a truly farcical 2- hour “hearing” in November 2003. (None of my expenses have been paid). It was clear that Mallon, DCU's counsel, knew nothing whatsoever about the case; yet DCU staff has been fortunate indeed that this idiot, this emanation from “leprechaun 4” was stupid enough to lose every aspect of the Cahill case.
We were rescheduled for Feb 2004, and it at this point that the EAT stepped over the line into the criminal. In Dec 2009, I produced documents to show that I had told both DCU and SIPTU about the parallel High court proceedings I was taking immediately the summons was lodged in Nov 2003; in any case, the EAT cannot interfere with the High Court, or suspend its own actions in this context. It did both, which was why the case went on hold until 2009. I have since agreed with my legal team to instruct the EAT formally that they are in breach of the law, which indeed may be one of the reasons for this unconscionable and crazy-making delay.
The EAT does a blushing virgin act about its independence from the rest of the dept of enterprise, trade and employment (Dete), as then was. This of course also applies to the HEA (higher educ,. Auth.)This is of course BS; in fact Kate O'Mahony of the EAT managed to destroy a project involving Stanford, Jim O'Hara (head of Intel Ireland) and my friends and colleagues in my home county of Clare. Briefly, O'Hara stuck his neck out for me to get govt support for what he was doing; I now include what the reaction was, and remained even after I made it clear that all sides had been informed that the summons was not acted on, in order to facilitate the EAT (though of course it now looks as though o'Mahony, who should immediately recuse herself from my case, was merely protecting DCU;
_________________________________________________________________________
From Jim O'Hara MD Intel Ireland 17 Feb 2005
“
> Hi Sean,
> I had one of my guys contact HEA to start to set up some time for you
> when your here.
> Got a surprising and negative response.
> They basically said that there were some "pending legal items
> outstanding" and they didn't think it "appropriate" to meet up with
> you!!
> He thinks this is something to do with DCU?
> My guy got the strong impression that they knew you well and their
> experience wasn't positive!
> This poses a big problem as the DETE won't meet either on that basis!!
> So I am not sure about all the background but it sounds like you have
> burned some serious bridges and the past and as
> HEA will be involved with any successful proposal on the college and I
> don't know how to move forward.
> Let me know what other avenues you want to persue.
> Rgds
> Jim
From Jim O'Hara MD Intel Ireland 18 Feb 2005
Hi Sean,
I know nothing about any of these difficulties you have had with DCU HEA
etc and frankly it's none of my business. I am simply saying that I
have tried to get the meetings set up and no one is interested!!
I am more than happy to help in any way I can on this or the other
initiatives.
It's your call on what to do next on the Clare project.
I will help on the media x deal and try to set up meetings for Keith in
March.
I will also help Harold in any way I can
Give me a call when you hit Ireland and we can talk.
Rgds
Jim”
_______________________________________________
So O'Mahony is the person who stopped Clare getting a first-rate third level project. There was no possibility of rescue with such lie3s emanating from Dete/HEA
In 2004, my case again went into limbo; Prof Paul Cahill, with some difficulty, got SIPTU to resurrect it in 2008. Now comes the real funny bit.
A hearing was scheduled for June 9, 2009; I dropped everything, got my witnesses lined up, and prepared to return to Ireland after the 5-day moratorium had passed. Two weeks later, the EAT again violated its own procedures in allowing DCU yet another deferral; until the end of July, 2009. I now had no witnesses; had Mallon not so visibly exulted in the prospect of further paydays that he deliberately slowed down the proceedings, DCU might even have won.
Remarkably, many of the procedural decisions O'Mahony had made as the barrister sitting were now reversed. DCU, not us, were to go first. The difference was that I now had a legal team that were watching her closely, and have since accused her in writing of illegally rescinding a High Court action.
At the final hearing, O'Mahony admonished me for referring to Mallon as a “thug”; my colleague Prof Glynn Custred, who witnessed Mallon's cross of my ex-student Fergus Molony, felt that Mallon was beyond mere thuggery, and I completely agree
I also believe that O'Mahony is hopelessly corrupt and should withdraw now.
Let us be clear; I am now homeless and jobless. Mel and I have not been able to start a family. This fate awaits anyone who accepts the tender mercies of the EAT. The delay in the judgement is unconscionable; last evidence was Dec 9, 2009. However, of course delay suits DCU.
Seán Ó Nualláin Ph.D 15u Meitheamh 2010
Domhnach na Casca 2012; please note that I accused the EAT of corruption many months before their decision in my case
The govt finally woke up and stopped O'Mahony from runni9ng her corrupt fiefdom;
http://www.djei.ie/press/2012/20120308.htm
Elsewhere, we are told (from http://www.citizensinformation.ie/categories/employment/enforcement-and-redress/employment_appeals);
“
At present there is a backlog of cases awaiting hearing by the Employment Appeals Tribunal. If you work in Dublin, currently (2010) you may be waiting for 8-9 months before your case is heard. “
Or indeed 8 years. I have now utterly lost confidence in this process; the remainder of this post will explain why.
In the first place, the law is tilted irrevocably in the employer's favour. Not only are one's colleagues prohibited from striking for an individual case– and SIPTU explained to me that Jack O'Connor was not going to allow a strike, even if the closed shop union “members” voted for it concerning the statute- but the employer can appeal. In fact, these appeals can be continued for decades, leaving the employee broke and bereft of any way of making a living
The details of DCU's illegal disciplinary statute and its filleting by the High and Supreme courts in Ireland are now well-known. What I am about to recount is the set of events following the Jan 30, 2003 judgeship for my reinstatement. DCU had until Mar 14, 2003 to announce whether they were appealing. On Mar 10, 2003, they said they would, and demanded that the shop steward finalize the statute on Mar 12. I managed to stop this happening; my “reward” was that SIPTU
(illegally) rescinded the strike option on Mar 19, leaving me out to twist in the wind, as they damn well knew. I have had no income since May, 2002, and SIPTU has made no effort to get me any beyond a token sum of 14k in 2002.
The EAT immediately went into a black hole. I saw the writing on the wall, and sold my family home in July 2003. Just as well; without consulting me, the EAT hearing scheduled for Oct 8, 2003 was canceled, because IBEC was so sickened by Morris's and Prondzynski's refusal to give evidence that they pulled out of the case (source; Graham Fagan, IBEC, 4 Oct 2003). Moreover, hearings are not meant to be deferred, beyond a 5-day grace period after their announcement. The EAT violated this central dictum twice, first in 2003.
I had waited around Ireland, annoying the Stanford and Berkeley colleagues who had invited me over, until the meeting with Fagan. Very well; but as soon as I got to the USA, I had to return for a truly farcical 2- hour “hearing” in November 2003. (None of my expenses have been paid). It was clear that Mallon, DCU's counsel, knew nothing whatsoever about the case; yet DCU staff has been fortunate indeed that this idiot, this emanation from “leprechaun 4” was stupid enough to lose every aspect of the Cahill case.
We were rescheduled for Feb 2004, and it at this point that the EAT stepped over the line into the criminal. In Dec 2009, I produced documents to show that I had told both DCU and SIPTU about the parallel High court proceedings I was taking immediately the summons was lodged in Nov 2003; in any case, the EAT cannot interfere with the High Court, or suspend its own actions in this context. It did both, which was why the case went on hold until 2009. I have since agreed with my legal team to instruct the EAT formally that they are in breach of the law, which indeed may be one of the reasons for this unconscionable and crazy-making delay.
The EAT does a blushing virgin act about its independence from the rest of the dept of enterprise, trade and employment (Dete), as then was. This of course also applies to the HEA (higher educ,. Auth.)This is of course BS; in fact Kate O'Mahony of the EAT managed to destroy a project involving Stanford, Jim O'Hara (head of Intel Ireland) and my friends and colleagues in my home county of Clare. Briefly, O'Hara stuck his neck out for me to get govt support for what he was doing; I now include what the reaction was, and remained even after I made it clear that all sides had been informed that the summons was not acted on, in order to facilitate the EAT (though of course it now looks as though o'Mahony, who should immediately recuse herself from my case, was merely protecting DCU;
_________________________________________________________________________
From Jim O'Hara MD Intel Ireland 17 Feb 2005
“
> Hi Sean,
> I had one of my guys contact HEA to start to set up some time for you
> when your here.
> Got a surprising and negative response.
> They basically said that there were some "pending legal items
> outstanding" and they didn't think it "appropriate" to meet up with
> you!!
> He thinks this is something to do with DCU?
> My guy got the strong impression that they knew you well and their
> experience wasn't positive!
> This poses a big problem as the DETE won't meet either on that basis!!
> So I am not sure about all the background but it sounds like you have
> burned some serious bridges and the past and as
> HEA will be involved with any successful proposal on the college and I
> don't know how to move forward.
> Let me know what other avenues you want to persue.
> Rgds
> Jim
From Jim O'Hara MD Intel Ireland 18 Feb 2005
Hi Sean,
I know nothing about any of these difficulties you have had with DCU HEA
etc and frankly it's none of my business. I am simply saying that I
have tried to get the meetings set up and no one is interested!!
I am more than happy to help in any way I can on this or the other
initiatives.
It's your call on what to do next on the Clare project.
I will help on the media x deal and try to set up meetings for Keith in
March.
I will also help Harold in any way I can
Give me a call when you hit Ireland and we can talk.
Rgds
Jim”
_______________________________________________
So O'Mahony is the person who stopped Clare getting a first-rate third level project. There was no possibility of rescue with such lie3s emanating from Dete/HEA
In 2004, my case again went into limbo; Prof Paul Cahill, with some difficulty, got SIPTU to resurrect it in 2008. Now comes the real funny bit.
A hearing was scheduled for June 9, 2009; I dropped everything, got my witnesses lined up, and prepared to return to Ireland after the 5-day moratorium had passed. Two weeks later, the EAT again violated its own procedures in allowing DCU yet another deferral; until the end of July, 2009. I now had no witnesses; had Mallon not so visibly exulted in the prospect of further paydays that he deliberately slowed down the proceedings, DCU might even have won.
Remarkably, many of the procedural decisions O'Mahony had made as the barrister sitting were now reversed. DCU, not us, were to go first. The difference was that I now had a legal team that were watching her closely, and have since accused her in writing of illegally rescinding a High Court action.
At the final hearing, O'Mahony admonished me for referring to Mallon as a “thug”; my colleague Prof Glynn Custred, who witnessed Mallon's cross of my ex-student Fergus Molony, felt that Mallon was beyond mere thuggery, and I completely agree
I also believe that O'Mahony is hopelessly corrupt and should withdraw now.
Let us be clear; I am now homeless and jobless. Mel and I have not been able to start a family. This fate awaits anyone who accepts the tender mercies of the EAT. The delay in the judgement is unconscionable; last evidence was Dec 9, 2009. However, of course delay suits DCU.
Seán Ó Nualláin Ph.D 15u Meitheamh 2010
Domhnach na Casca 2012; please note that I accused the EAT of corruption many months before their decision in my case
The govt finally woke up and stopped O'Mahony from runni9ng her corrupt fiefdom;
http://www.djei.ie/press/2012/20120308.htm
Monday, June 14, 2010
Good Riddance to the Manchurian candidate
Ferdie has failed.
It does not matter what verdict the deeply flawed EAT process comes to in my case. Think of it; 8 years after my unfair dismissal, and after numerous precedents being established at the High Court and supreme court, the EAT, entirely due to its own dilatory behaviour, corruption and incompetence, has failed even to RULE. However, it has been established that lawyers make a lot of money if the state dismisses a civil servant illegally and then stretches the rubbery limits of the system to destroy that person's life.
Ferdie has failed.
His program to submit senior academics to a regime of summary dismissal has been arrested by several court verdicts. Like all bullies, he did a “poor me” act; unlike many of them, he had the ever-compliant Iri8sh media (with the exception of the Trib) ready to cover his tracks with odious expressions of sycophancy. Now he is gone.
Ferdie has failed.
The “Manchurian candidate” movies famously play with the notion of a plant in the body politic. Neoliberalism, the failed economic theory that destroyed the early 21st century, exulted in a stateless creature who apparently has some ties with Westmeath, heart of darkness (full of ex-military and still voting FF. I digress). He is now gone, never again to darken the door of a university.
For my part in that, I am happy to pass the torch on to a new generation of Irish activists.
Seán Ó Nualláin Ph.D 14u Meitheamh 2010
PS Gabh mo leath sceal as an searbhachas
It does not matter what verdict the deeply flawed EAT process comes to in my case. Think of it; 8 years after my unfair dismissal, and after numerous precedents being established at the High Court and supreme court, the EAT, entirely due to its own dilatory behaviour, corruption and incompetence, has failed even to RULE. However, it has been established that lawyers make a lot of money if the state dismisses a civil servant illegally and then stretches the rubbery limits of the system to destroy that person's life.
Ferdie has failed.
His program to submit senior academics to a regime of summary dismissal has been arrested by several court verdicts. Like all bullies, he did a “poor me” act; unlike many of them, he had the ever-compliant Iri8sh media (with the exception of the Trib) ready to cover his tracks with odious expressions of sycophancy. Now he is gone.
Ferdie has failed.
The “Manchurian candidate” movies famously play with the notion of a plant in the body politic. Neoliberalism, the failed economic theory that destroyed the early 21st century, exulted in a stateless creature who apparently has some ties with Westmeath, heart of darkness (full of ex-military and still voting FF. I digress). He is now gone, never again to darken the door of a university.
For my part in that, I am happy to pass the torch on to a new generation of Irish activists.
Seán Ó Nualláin Ph.D 14u Meitheamh 2010
PS Gabh mo leath sceal as an searbhachas
Wednesday, June 9, 2010
The open source solution
The old public university system shows signs of fracture; in countries
like Ireland, it is perhaps irreparable. The increasing emphasis on a
unitary executive in universities is destroying the teacher/student
relationship; a relationship as close to sacred as anything in our
secular age. It is vital that the student should not feel that there is
someone at a higher level in the university bureaucracy who can
second-guess the teacher; conversely, the teacher should understand that
(s)he is dealing with adults, and that the rationale for any requests
made on the students should be explicable to them.
Daniel Greenberg, once the News editor of “Science”, has exposed an associated fetid area; that of science research itself at so-called “research universities”. Most recently (2010) his novel “Tech transfer” deals with the mediocrity and indeed fraudulent nature of much well-referenced science. It makes sense; if the scientist's applied work is so good, why is the scientist still writing about it in his 195th article, rather than making money, as it is not basic research that we're talking about? What use are 100 patents if they are not producing revenue, apart from the legal work involved in filing them? And why should a country keep gifted students well into their 30's doing post docs as it is in everyone's interest that they start businesses?
This writer is not an ideologue of any stripe. The state is ideally suited to do some critical things in society, like running public universities and a health service. The Irish state recently has withdrawn from the former, arguing that they are outside the law of the land (apart from channeling taxpayers' money to corporations through them); I leave it to others to write about the latter. The state's role in universities should be precisely the opposite of what it is in contemporary Ireland; it should insist that proper care is taken of students, and that the taxpayer gets a return in academic excellence. Instead, the Minister for Education, speaking in parliament, has repeatedly said that gross violation of criminal and civil codes can occur with impunity at Irish universities
This entry is about setting up an open-source system to simulate what public universities should be doing. It will hopefully not be necessary; it would appeal only to students who can see through the BS of private colleges as through the frightening latitude afforded management by the negligence of Ireland's psychotic government (1997-2010).
Tenure was a manifestation of the sacredness of teacher/student; the fact it no longer exists in many countries is a disaster. As a stopgap then, and using the web, a substitute can be set up. Instead of the CEO/employee/product metaphor employed in many early 21st century universities , different metaphors should be used. The individual academic can conceive himself as an artist with a vision seeking an audience who, incidentally , become business customers. He can use open source and proprietary material to implement his vision.
For graduate students, the teacher/student relationship becomes akin to master and apprentice. Moreover, at all stages, the students is to be protected from the university bureaucracy by a carrier/content distinction. Essentially, the teacher is seen as providing content as part of a system in which the university bureaucracy is a carrier. The distinction between internet carrier and content pertains, and there is a large body of thought and legislation to support it.
What is being conceived of is quite different from University of Phoenix (UP) etc. These are in danger of looking like scams with student loans as money-pot. The idea is to put together innovative courses in cutting-edge disciplines as the hook; these then can be done by serious students remotely, and eventually also on campus. Yet the artist/audience and master/apprentice model,rather than the CEO/employee is the metaphor.
Structure
1. University
-Supplies Creative Commons Courseware
-Supplies proprietary courseware on demand from purchaser
-Has a revenue stream for server use
AR : Download all available quality educational videos, store, prepare for back-up streaming.
2.Separate Courses
- Relationship is between Dean and students with no others intervening.
- Dean selects the open source as well as proprietary courseware for the student's formation to Bachelors , Masters, or PHD level.
-The reputation of the course hinges on the Dean , who also develops the necessary relationships with employers.
The Dean hires staff to implement specific modules. However, it is clear that the students relate directly to the Dean.
Revenue stream: Student fees, Grants.
None of the above will be necessary if the Irish state comes to its senses and shows a willingness to run real universities again. Remarkably, the state has become an obstacle in the way of real education; in Ireland, by the attempt to have colleges act outside the law; and in the USA, by the provision of students loans to the “accredited” colleges like UP.
Seán Ó Nualláin Ph.D 9u Meitheamh 2010
Daniel Greenberg, once the News editor of “Science”, has exposed an associated fetid area; that of science research itself at so-called “research universities”. Most recently (2010) his novel “Tech transfer” deals with the mediocrity and indeed fraudulent nature of much well-referenced science. It makes sense; if the scientist's applied work is so good, why is the scientist still writing about it in his 195th article, rather than making money, as it is not basic research that we're talking about? What use are 100 patents if they are not producing revenue, apart from the legal work involved in filing them? And why should a country keep gifted students well into their 30's doing post docs as it is in everyone's interest that they start businesses?
This writer is not an ideologue of any stripe. The state is ideally suited to do some critical things in society, like running public universities and a health service. The Irish state recently has withdrawn from the former, arguing that they are outside the law of the land (apart from channeling taxpayers' money to corporations through them); I leave it to others to write about the latter. The state's role in universities should be precisely the opposite of what it is in contemporary Ireland; it should insist that proper care is taken of students, and that the taxpayer gets a return in academic excellence. Instead, the Minister for Education, speaking in parliament, has repeatedly said that gross violation of criminal and civil codes can occur with impunity at Irish universities
This entry is about setting up an open-source system to simulate what public universities should be doing. It will hopefully not be necessary; it would appeal only to students who can see through the BS of private colleges as through the frightening latitude afforded management by the negligence of Ireland's psychotic government (1997-2010).
Tenure was a manifestation of the sacredness of teacher/student; the fact it no longer exists in many countries is a disaster. As a stopgap then, and using the web, a substitute can be set up. Instead of the CEO/employee/product metaphor employed in many early 21st century universities , different metaphors should be used. The individual academic can conceive himself as an artist with a vision seeking an audience who, incidentally , become business customers. He can use open source and proprietary material to implement his vision.
For graduate students, the teacher/student relationship becomes akin to master and apprentice. Moreover, at all stages, the students is to be protected from the university bureaucracy by a carrier/content distinction. Essentially, the teacher is seen as providing content as part of a system in which the university bureaucracy is a carrier. The distinction between internet carrier and content pertains, and there is a large body of thought and legislation to support it.
What is being conceived of is quite different from University of Phoenix (UP) etc. These are in danger of looking like scams with student loans as money-pot. The idea is to put together innovative courses in cutting-edge disciplines as the hook; these then can be done by serious students remotely, and eventually also on campus. Yet the artist/audience and master/apprentice model,rather than the CEO/employee is the metaphor.
Structure
1. University
-Supplies Creative Commons Courseware
-Supplies proprietary courseware on demand from purchaser
-Has a revenue stream for server use
AR : Download all available quality educational videos, store, prepare for back-up streaming.
2.Separate Courses
- Relationship is between Dean and students with no others intervening.
- Dean selects the open source as well as proprietary courseware for the student's formation to Bachelors , Masters, or PHD level.
-The reputation of the course hinges on the Dean , who also develops the necessary relationships with employers.
The Dean hires staff to implement specific modules. However, it is clear that the students relate directly to the Dean.
Revenue stream: Student fees, Grants.
None of the above will be necessary if the Irish state comes to its senses and shows a willingness to run real universities again. Remarkably, the state has become an obstacle in the way of real education; in Ireland, by the attempt to have colleges act outside the law; and in the USA, by the provision of students loans to the “accredited” colleges like UP.
Seán Ó Nualláin Ph.D 9u Meitheamh 2010
Monday, June 7, 2010
DCU's McProfs
This blog is fundamentally about academics' contracts at DCU. Much of
what it recounts also applies to non-academics at DCU, as well as
academics elsewhere. Yet the catastrophic situation that currently
obtains at DCU needs to be re-stated;
1.No valid contracts have been issued since 1995
2.This is because in 1995 a “new comprehensive 'agreement'” was issued by DCU which was never actually agreed by SIPTU, the closed-shop union there. SIPTU argues that there exists only a 1985 agreement.
3.The “contract” in this 1995 agreement did away with tenure and academic freedom, which were present in the 1985 one.
4.Making matters worse, the High Court in Ireland (Clarke ruling on Cahill vs DCU)has ruled that DCU failed to define tenure properly in their new disciplinary procedures, despite being required to do so under the 1997 act. The Supreme court had a chance to overturn Clarke on this, and did not do so.
5.Academics hired pre 1995 have tenure and academic freedom. They are NOT subject to the new disciplinary procedures
6.Academics hired under NIHE (up to 1989) can be suspended and dismissed only by the minister of education
7.Academics hired between 1995 and 1997 are in an anomalous situation. Yet, if they go to court, they will be told along with everyone post 1995 that they did sign these invalid contracts, and are committed to them
8.Many promotions took place, post 1995, of DCU academics who were previously tenured. So many of the most senior academics at DCU are nontenured (let us call them McProfs) while the no-hopers like myself are tenured
Full disclosure; I never applied for any of the senior computing positions, smelling something fishy about their sudden flourishing, and reasoning I already had a good job.
There is a rather delicious irony among us no-hopers who did most of the teaching and admin in the department seeing this turn of events. Briefly, many of us had a teaching load that extended from 9am Monday till 10pm Friday night, and were not in a position to amass the list of publications and various other herculean brown-nosing feats that guaranteed promotions
So where does that leave us? A way must be found to grant and earn tenure for the McProfs and their contemporaries. If it cannot be done by legislation, it makes sense to this writer that there should be a teaching path as well as a research path. Excellence in either -say 5 journal publications, 5 Phd's conferred and/or good student ratings and achievement – should be specified in the new disciplinary procedures.
This is well beyond the level of complexity envisaged by SIPTU. It is remarkable that they give 3.5k weekly to the labour party, and were unwilling to give even a single billed legal hour either to Paul Cahill's or my case, let alone the statute. They must be gotten rid of along with Ferdie, and quickly, so we can kickstart meaningful negotiations to save people's jobs and – in the case of Dr Howarth – their lives
Seán Ó Nualláin Ph.D 7u Meitheamh 2010
1.No valid contracts have been issued since 1995
2.This is because in 1995 a “new comprehensive 'agreement'” was issued by DCU which was never actually agreed by SIPTU, the closed-shop union there. SIPTU argues that there exists only a 1985 agreement.
3.The “contract” in this 1995 agreement did away with tenure and academic freedom, which were present in the 1985 one.
4.Making matters worse, the High Court in Ireland (Clarke ruling on Cahill vs DCU)has ruled that DCU failed to define tenure properly in their new disciplinary procedures, despite being required to do so under the 1997 act. The Supreme court had a chance to overturn Clarke on this, and did not do so.
5.Academics hired pre 1995 have tenure and academic freedom. They are NOT subject to the new disciplinary procedures
6.Academics hired under NIHE (up to 1989) can be suspended and dismissed only by the minister of education
7.Academics hired between 1995 and 1997 are in an anomalous situation. Yet, if they go to court, they will be told along with everyone post 1995 that they did sign these invalid contracts, and are committed to them
8.Many promotions took place, post 1995, of DCU academics who were previously tenured. So many of the most senior academics at DCU are nontenured (let us call them McProfs) while the no-hopers like myself are tenured
Full disclosure; I never applied for any of the senior computing positions, smelling something fishy about their sudden flourishing, and reasoning I already had a good job.
There is a rather delicious irony among us no-hopers who did most of the teaching and admin in the department seeing this turn of events. Briefly, many of us had a teaching load that extended from 9am Monday till 10pm Friday night, and were not in a position to amass the list of publications and various other herculean brown-nosing feats that guaranteed promotions
So where does that leave us? A way must be found to grant and earn tenure for the McProfs and their contemporaries. If it cannot be done by legislation, it makes sense to this writer that there should be a teaching path as well as a research path. Excellence in either -say 5 journal publications, 5 Phd's conferred and/or good student ratings and achievement – should be specified in the new disciplinary procedures.
This is well beyond the level of complexity envisaged by SIPTU. It is remarkable that they give 3.5k weekly to the labour party, and were unwilling to give even a single billed legal hour either to Paul Cahill's or my case, let alone the statute. They must be gotten rid of along with Ferdie, and quickly, so we can kickstart meaningful negotiations to save people's jobs and – in the case of Dr Howarth – their lives
Seán Ó Nualláin Ph.D 7u Meitheamh 2010
Thursday, June 3, 2010
They pretend to teach us, and we pretend to learn
The set of disastrous policy decisions that has condemned the west to a decade-long (at least) recession and steered Ireland firmly into default zone all had rigorous mathematical underpinnings. The late 90's Asian crash was caused essentially by use of Fourier's work on heat conduction. The recent one employed truly baroque formalisms to explain how bonds issued on subprimes were AAA.
What they all had in common was use of a crash to transfer the people's money to the miscreants who caused the crash. Neoliberalism is generally defined as withdrawal of the state from economic influence coupled with financialization – that is, the creation of these monstrous instruments like CDOs that have bankrupted us.
Of course, the reality is that what has happened is the takeover of the state by corporate interests, in the name of “economic freedom”, Thus, weird creatures like Ferdie now stalk the land, while their Goldman Sachs buddies like Peter Sutherland inveigh against academic tenure, first in an obscure Jesuit journal (2005), and then in the Indo (2010)(Full disclosure; I went to school with the Jesuits, first in a good rural college which they closed when its bucolic nature began to embarrass them, and then at the same school as Sutherland, which I thought so much of that I went to university at 16 a year early to get out of it. That the same school - Gonzaga - has produced other epic bullshitters like Eamon Ryan and Michael McDowell is no coincidence -part of the finals year's training is for "leadership in society". Society, of course, is not consulted on whether it wants such leaders.)
So the Irish state is now a creature of precisely the type of corporate forces that will prevent it from running anything we can really dignify with the name of “university”. As documented here, the universities have been given carte blanche by the state to abuse both students and staff, commit fraud, and waste tens of millions on frivolous lawsuits against their most productive staff. In other words, the state has eschewed its role of protector of basic civil rights in favor of implementing that manifestation of raw corporate takeover that is described as “neoliberalism”
So to the point; it is unacceptable that parents who pay up to 20k a year should be given a waiver on fees. If nothing else, it is an insult to their kids, who should demand high standards from their teachers, with ratings, regular mentoring hours, and so on. Otherwise, adapting the old Soviet adage - “They pretend to pay us, and we pretend to work” - They pretend to teach us, and we pretend to learn.
While the Irish state gradually comes to its senses, as seems to be happening partly through the assertion of their academic freedom by academics, I will outline how much of the effects of the university can be implemented through an open-source system in the next few days.
Seán Ó Nualláin Ph.D 3u Meitheamh 2010
PS It is almost 8 years to the day since I was unfairly dismissed. The EAT has yet to rule. At this rate, we all will be dead by the time DCU's frivolous appeals are exhausted.
But wasn't that the point?
