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PDF Format - News Bureau
InsideIllinois F o r F a c u l t y a n d S t a f f , U n i v e r s i t y o f I l l i n o i s a t July 5, 2012 Vol. 32, No. 1 U r b a n a - C h a m p a i g n UC @ Illinois Voice component now in use campuswide By Mike Helenthal Assistant Editor A fter two years of planning and implementation, officials at Campus Information Technologies and Educational Services have announced the successful switch to a campuswide computer-based unified communications system. “It’s been a long haul and a lot of work, but the switch has been made and the system is up and running,” said Greg Gulick, the director of application FOR ASSISTANCE with UC @ Illinois services at CITES. [email protected] The $4.8 217-244-7000 m i l l i o n switch to the Microsoft Lync software eliminated 10,600 phone landlines and is expected to save the campus an estimated $3 million annually. The UC @ Illinois (Unified Communications) program consolidates voice, email and calendar functions, while adding instant messaging and videoconferencing capabilities. “This new system will give us added tools to further our mission of learning, discovery and engagement,” he said. Gulick said the switchover to a unified communications system has not been without complications. He praised the patience of campus users, department information technology leaders and telecommunications coordinators, who all were integral in fixing general system problems prior to the campus rollout during a test period that started last year. SEE PHONES, PAGE 7 photo by L. Brian Stauffer It’s official Longtime UI administrator Bob Easter leads his first cabinet meeting upon taking the presidential title full-time July 2. Easter, who was president-designate for three months, officially began his administrative duties July 1. Easter ready for next role – UI president By Mike Helenthal Assistant Editor B ob Easter on Sunday officially became the 19th president of the UI. “I can’t tell you the privilege I feel serving in this role,” Easter told a gathering of journalists and staff members assembled Monday in the lobby of the president’s Henry Administration Building office in Urbana. “I’ve had so many people come to me during this transition and express their support,” he said. “I truly look forward to the time before us.” Easter, a former dean of the Urbana campus’s College of Agricultural, Consumer and Environmental Sciences, had served as president-designate for three months following the resignation of President Michael J. Hogan. Easter said Monday that he has spent the last few months becoming more familiar with the issues facing the university, as well as discovering specific issues facing each of the three campuses. SEE EASTER, PAGE 2 Facilities and Services planning to replace retiring workforce By Mike Helenthal Assistant Editor D In This Issue espite a spate of retirements this year estimated to deplete the Facilities and Services’ workforce by nearly 10 percent, officials say there is a silver lining. “This is an opportunity for current employees to move up,” said F&S Executive Director Jack Dempsey, “and it’s an opportunity for the community because there will be so many new and quality job openings.” F&S supplies a host of construction and maintenance services across the entire Urbana campus. The 1,200 F&S employees represent about a quarter of the campus’s total number of civil service workers. According to the Office of the Provost, 532 employees from across the campus had filed notification for retirement by June 30. F&S has 120 retiring as of June 30. The increase in the campus retirement rate is attributed to changes made at the state level, which went into affect July 2 and affect the money-purchase formula used to calculate retirement benefits. Dempsey said he expects a time of “struggle” for the division as managers begin filling positions while trying to keep service at expected levels. “When you look at our organization, it’s a big number – twice the rate of retirement we usually see,” Dempsey said. “The time it takes to hire someone and get them up to the same level (as the person being replaced) takes four or five years.” Dempsey said F&S employees, especially those in the crafts and trades positions, must be uniquely qualified. He said the primary challenge is twofold: finding workers willing to work in an environment that is more service-oriented than at a typical job site, and discovering employees with the skills to work – sometimes simultaneously – on high-tech systems and 100-year-old buildings. “We want them to be fully prepared to work here because it’s a whole different approach,” he said. “They’re going into buildings that are occupied by faculty and stu- Idea Garden The Master Gardener Idea Garden has been home to hundreds of varieties of flowering plants since its creation in 1997. PAGE 3 dents. It’s like going into people’s homes.” Dempsey said F&S leaders already are reviewing vacant administrative positions and deciding whether to consolidate or eliminate some of them. They also plan to offer specific training, with one program providing customer service training and another focusing on general F&S orientation for new employees. “We want to get the front-line workers hired as fast as we can so we can begin training them and integrating them into the system,” he said, adding dozens of interviews were already being lined up in anticipation of the retirements. “We want to continue to have a good, dedicated workforce,” he said. “We’ve had some amazing people here and we thank them for the tremendous work they have done. Our employees have a passion because they feel like they can make a contribution.” While the decline in manpower represents a temporary workforce strain, Dempsey said he is most concerned with the longer-term struggle to replace work- ers who possess decades of “institutional knowledge.” That concern is shared across the university, he said, as many of the newly retired have been working on the Urbana campus for decades. “Somebody who’s been here 10 years can get things done more efficiently and effectively,” he said. “There are going to be a lot of people across campus asking, ‘Who is it that does this now?’ It’s not just the crafts and trades.” Other challenges include making competitive offers to workers despite recent benefit reductions for new employees, and finding ways to keep them for the long term despite continued financial uncertainty. And despite the difficult period, Dempsey said he is confident F&S will persevere, with minimal interruption and continued top-notch work. “I think people are just going to step up and make it happen,” he said. “This is a chance, as an employee, to stretch yourself. We just have to rise to the challenge.”u Childhood cancer Adults that had childhood cancer, especially between the ages of 6 to 12, are more likely to have employment problems. PAGE 6 Inside Illinois Online: news.illinois.edu/ii/ • To subscribe: go.illinois.edu/iiSubscribe INDEX A MINUTE WITH … ™ 4, 8 BRIEF NOTES 7 DEATHS 2 InsideIllinois PAGE 2 July 5, 2012 New way to grow, isolate cancer cells may help fight disease By Liz Ahlberg Physical Sciences Editor T he news a cancer patient most fears is that the disease has spread and become much more difficult to treat. A new method to isolate and grow the most dangerous cancer cells could enable new research into how cancer spreads and, ultimately, how to fight it. UI researchers, in collaboration with scientists at the Huazhong University of Science and Technology in China, published their results in the journal Nature Materials. “This may open the door for understanding and blocking metastatic colonization, the most devastating step in cancer progression,” said Ning Wang, a professor of mechanical science and engineering who co-led the study. The most dangerous cancer cells are the ones that can break away from the primary tumor and travel through the body to form a new tumor in another tissue, a process called metastasis. Fortunately, only a small percentage of cancer cells have the ability to become new tumors. Unfortunately, the tumor-seeding cells are the ones hardest to kill with chemotherapy – and it only takes a lone survivor to mount a resurgence. Cancer researchers have theorized that these elusive tumor-spreading cells may be responsible for recurrences after surgery or treatment. They are very interested in studying these cells in hopes of better understanding and ultimately combating them. However, identifying and isolating metastatic cells from a general cancer cell population is very difficult. One hotly debated question is whether metastatic cells share characteristics of stem cells, and if so, to what extent. Some studies have found cancer cells with stemcell markers, others have displayed stemcell-like behavior, and yet others have suggested that cells can spontaneously switch photo by Jason Lindsey Cancer cells UI professor Ning Wang and colleagues in China use soft gels to culture the elusive cells that spread cancer from the primary tumor to other places in the body. from a primary cancer cell to a stem-celllike cancer cell and back. Wang’s group at the UI had previously found that stem cells grow better in a soft gel than on a rigid plate. They wondered if this principle would also apply to cancerspreading cells, since they share some other qualities of stem cells. So they suspended single cells of mouse melanoma, a type of skin cancer, in soft gel made of fibrin, a fiber-like protein found throughout the body. They cultured the cells into colonies and compared them with those grown on a stiff flat surface, the traditional method used by cancer researchers. After five days, the soft gels were rid- deaths Judy A. Bensyl, 64, died June 27 at Vermilion Manor Nursing Home, Danville. Bensyl worked at the UI from 1984-1993 as an account technician II for the Grants and Contracts Division in the Office of Business and Financial Services. Frances C. Crowley, 90, died June 17 at Carle Foundation Hospital, Urbana. Crowley retired from University Housing as an account technician II in 1990 with 27 years of service. Memorials: American Cancer Society, www.cancer.org/. Carolyn S. Genzel, 67, died July 1 at Carle Foundation Hospital, Urbana. Genzel had worked at the UI for 27 years. She was an office manager at the Coordinated Science Laboratory. Memorials: Carle Inpatient Oncology Departement, www.carle.org; or St. John’s Lutheran Church, 109 N. Oak St., P.O. Box 6, Buckley, IL 60918. Herbert Henry Osterbur, 82, died June 23 at Memorial Medical Center, Springfield. He retired from Facilities and Services as an operating engineer in 1984 after 30 years of service. Memorials: Hope United Church of Christ Foundation Repair Fund, 23334 CAMPUS UPDATES Subscribe to our online version and receive news updates between issues: go.illinois.edu/iiSubscribe Find us on Facebook and Twitter: NewsAtIllinois State Route 49, Armstrong, IL 61812. Curtis Lee Porter II, 67, died June 22 at Provena Covenant Medical Center, Urbana. Porter retired in April as a building service worker with Facilities and Services after 17 years of service. Dorothy “Dot” Weeks Richardson, 90, died June 9 at Country Health Care, Gifford. Richardson worked at the Illini Union. Memorials: Trinity Lutheran Church, www. trinity-urbana.org/. Faraba G. Anderson Shirley, 97, died June 25. Shirley retired from the UI. Memorials: Stewardson United Methodist Church, 216 S. Cedar St., Stewardson, IL 62463; or University Place Christian Church, http:// uniplace.org/. Memorial Service A memorial service for Benjamin C. Kuo will be from 3 to 5 p.m. July 28 in the Chancellor Ballroom at the I Hotel and Conference Center. Kuo, 81, died June 12 at his Champaign home. Kuo was a professor of electrical engineering for 35 years, retiring in 1989. u InsideIllinois Editor Doris K. Dahl 217-333-2895, [email protected] Assistant Editor Mike Helenthal Photographer L. Brian Stauffer News Bureau contributors Liz Ahlberg engineering, physical sciences Craig Chamberlain media, international programs, social sciences Phil Ciciora business, labor, law Sharita Forrest education, social work Dusty Rhodes arts, information science, humanities, library Diana Yates agriculture, applied health sciences, life sciences dled with spheres of soft cells, many more colonies than grew on the harder surface. In addition, the cells were softer and grew in spherical clumps – unusual for most cancer cells, but signature characteristics of stem cells. “Starting from single cells, by day five, you have more cells in the soft substrate proliferating,” Wang said. “This is exactly the opposite from most cancer cells, which prefer a stiffer substrate. But these cells like to grow in the soft environment. Why is this important? Because they turn into tumors.” The researchers found that the cells grown in the 3-D soft fibrin were much more efficient at causing tumors in mice EASTER, CONTINUED FROM PAGE 1 He said each campus has its own “unique role” in improving the lives of the state’s residents and that the university’s core missions are unchanged. “(The Urbana campus) has been my only professional home,” he said. “It’s been great getting to meet the faculty and staff members (from the other campuses).” He said it would take the hard work of staff and faculty members at all three campuses to “expand our rich legacy.” Some of the time during Easter’s formative months has been spent on lobbying efforts before the Illinois Legislature, which has targeted university pension and health benefits in efforts to reduce costs and a burgeoning state deficit. “Those legislators are truly critical (to the university’s mission),” he said. While some of those benefits have diminished, Easter said the university is still competitive compared to other universities and continues to be “an attractive place to work.” Easter said a top priority is finalizing next fiscal year’s budget, which will re- Inside Illinois is an employee publication of the Urbana-Champaign campus of the University of Illinois. It is published on the first and third Thursday of each month by the News Bureau of the campus Office of Public Affairs, administered by the associate chancellor for public affairs. Distribution is by campus mail. News is solicited from all areas of the campus and should be sent to the editor at least 10 days before publication. All items may be sent to [email protected]. The campus mail address is Inside Illinois, 507 E Green St., Room 345, Champaign, MC-428. The fax number is 217-2440161. than cells prepared traditionally. In fact, injecting as few as 10 cells from a culture grown in a soft gel was sufficient to induce tumors in a large percentage of mice, while 10,000 cells from a traditional culture are needed to achieve results with the same incidence of cancer. This suggests that, while a traditional culture of cells has only a few capable of starting new tumors, the soft substrate method is capable of isolating these cells and promoting the growth and multiplication of these cells in culture. The researchers then tested their soft fibrin substrate with other cancer cell lines and found that they also formed stem-celllike colonies of highly tumorigenic cells, showing that the process is generalizable for many types of cancer. The cells grown in a soft gel even caused tumors in normal mice, called “wild-type,” rather than only the immune-compromised mice typically needed for such studies. The researchers also found that the tumor-repopulating cells express a selfrenewal gene called Sox2, which is usually only expressed in stem cells and not in traditionally prepared cancer cells. When the researchers blocked the Sox2 gene, the cells started to differentiate, becoming traditional tissue-specific cancer cells. Now, the researchers will continue exploring the molecular mechanisms that make these tumor-seeding cells so good at surviving in distant organs and so efficient at seeding tumors. They hope that knowledge will contribute to treatments to stop the spread of cancer. “Since these cells are more resistant to current cancer-killing drugs than differentiated cancer cells, we would like to see if there are ways to identify and develop new molecules and methods that can specifically target and kill these cells,” Wang said. u flect a 6 percent reduction in state funding. He said the change in university leadership has not diminished the problems facing the university, which include student tuition and access issues. Easter said he will challenge the UI to rediscover its roots, formulated in the 1862 Morrill Act, and to “focus on engaging the ordinary people, not the elite” in sharing the “transformative power of education.” “It’s being tested now as never before in our history,” he said of that mission. “We can allow ourselves to drift into mediocrity, or we can define a future that is consistent with our history and our core values.” He said the new era includes a period of introspection as leaders consider what programs and offerings are supportive of the university’s core mission and what are not. “Our challenge is to understand what counts,” he said. “And we need to do all this with an eye toward economic growth. I sense a desire to make the tough decisions.” u Inside Illinois accepts display advertising and pre-printed inserts. Ad reservations are due one week prior to the issue date, but earlier reservations are encouraged. For rates and ad dimensions, contact the editor or visit Inside Illinois on the Web. http://news.illinois.edu/ii Subscribe to Inside Illinois online: go.illinois.edu/iiSubscribe July 5, 2012 InsideIllinois PAGE 3 Idea Garden provides inspiration, as well as meditation By Mike Helenthal Assistant Editor Bursting at the seams The Master Gardener T he Champaign County Extension Master Gardeners’ Idea Garden, an annual focal point at the UI Arboretum, is more than an oasis of brightly colored flowers and unique plants. It is an exercise in democracy. Each flowering section within the garden’s 15,000 square-foot footprint sprouts as the result of a team of Master Gardeners charged with deciding what to plant and who will deliver daily care. The section leaders, along with three Idea Garden cochairs, form the garden’s governing committee. “If any one of the sections is planning to do something big or unusual, they have to bring it to the overall committee,” said Sandra Mason, a UI Extension educator. “We’re a public garden, so we have to keep that in mind. It’s been effective in maintaining an organized approach.” The team approach, which draws from nearly 200 members of the Champaign County Master Gardeners’ chapter, has led to a consistent annual presentation in which even walkways and common areas are agreed upon. New volunteers are quickly incorporated into the team, learning new techniques along the way. “Design is always the hardest thing because it’s such a personal expression with each gardener,” Mason said. “It usually works out in the end because everyone is here just for the love of gardening and we all want to share it.” While some members participate more than others, Mason said as many as 75 volunteers keep the Idea Garden flourishing, with thousands of maintenance hours logged since the garden’s creation in 1997. Volunteers log more than 2,500 hours annually for its upkeep. Champaign County Master Gardeners’ volunteers also have created and cared for several other community gardens, including those at the Urbana-based Crisis Nurs- Idea Garden, located at the UI Arboretum, has been home to hundreds of varieties of flowering plants since its creation in 1997. The garden is cordoned off by section, with groups of volunteers in charge of each. Garden sections include borders, sensory, vegetable, children’s, special projects, gazebo, rose, berry patch, color, work-in-progress and tropical. How does your garden grow? photo by L. Brian Stauffer ON THE WEB http://arboretum.illinois.edu/ our_gardens/ an ideal place to do that.” But it wasn’t always that way. “Back when we first started, there was nothing here,” said Phyllis Brussel, a master gardener involved with the initial planning and development of the Idea Garden. “As far as you could see it was just grass and weeds.” Mason said the idea for a local “learning garden” began solidifying after the group took a tour of Cantigny Park gardens in Wheaton, which offers an Idea Garden as part of a multitude of nature-themed programs. “We liked what we saw so much we even took the name,” Mason said. “We liked the gazebo they had in the center and that they had sectioned it off for the different varieties.” The Arboretum location, once the home of the Hartley Trial Garden, was offered to the Master Gardeners group after the Hartley Gardens were relocated in 1994. “It was a perfect location for us,” she said. Brussel said the end result has been because of the perseverance and hard work of volunteers – all possessing the desire to have a hands-on laboratory to share time-tested garden knowledge with the public. “This spot was available so we just took it,” Brussel said. “Out of nothing came this beautiful garden. We were stunned that it all worked, and it’s been a continuing learning experiphoto by Anne TIce Weed whacker Master Gardener Diane Hatch is one ence – just making it square and putting up a fence was a of many volunteers who weed, water and prune the challenge.” 15,000-square-foot Idea Garden. Volunteers spend more “We wanted it to be an than 2,500 hours annually working at the garden. opportunity to try different ery, the county’s Juvenile Detention Center things and provide a showcase for the puband an Alzheimer’s Garden at the Cham- lic,” Mason said. “It’s been a nice benefit for campus, too. We’re close enough we get paign County Nursing Home. But the Idea Garden has become a sum- classes out here quite often.” The former proprietor of a gardening mertime focal point for the community, along with the Hartley Gardens and Japan store, Brussel said she became involved with House. An on-site registry regularly shows Master Gardeners to keep her knowledge visitors from around the world who have fresh and to learn soil and plant science. “The only way to remember all of that left positive comments about the garden. Eventually the group would like to have information is to use it,” she said. “Plus, the a visitor’s center or add QR codes to signs term ‘master gardener’ sounded so good.” Although considered an expert and mento provide visitors a fuller and more-educator by members, Brussel said she continues tional experience. “Sometimes people just come out to get to learn through Master Gardeners’ educaoutside and walk,” Mason said, “and this is tional programs – and from working along- side other members. “If you have a question, there’s enough expertise in this group that somebody will come up with an answer,” she said. “It’s really widened my horizons and I get so much being a part of it. It’s just a group of friends sharing knowledge.” Ana Tice, a retired dermatologist and 2000 graduate of the Master Gardeners’ program, didn’t think she had that much to learn about gardening when she joined. A self-described “rabid” gardener, she had since childhood helped her Iowan grandparents raise a variety of garden and flower selections. As a youngster, she boldly – and unsuccessfully – tried to grow peach trees in Iowa. “I thought I knew something until I took the program,” she said. “And long after taking the program, I continue to learn.” She said the organization is the local equivalent of a garden information superhighway, a place where members together address unknowns and find answers. One of her favorite Idea Garden pastimes, shared by other members, is answering general questions of the visiting public. “I also just love being out here, and now I can pass some of these things on to others,” she said. “You learn you can’t just throw information out there you ‘think’ you know. You have to make sure and look it up, and if you still can’t find it, you can call Extension with questions.” She said the group’s committee and intern structure gives everyone a voice – and a way to move up the chain of responsibility. “One of my first jobs was pulling the same kind of weed, over and over,” she said. “Out here, it’s a shared thing. There is a core group who puts in a tremendous amount of time. We’re happy for any hours that people can contribute.” Mary Morris, a retired X-ray technician from Texas and a 2001 Master Gardeners’ graduate, said the organization is a humbling experience for anyone who thinks they know how to garden. “I felt like I was doing it right until I became a Master Gardener,” she said. “That’s when you realize how little you know about gardening. I went back and did everything all over again.” She said the camaraderie among members is unmatched because everyone is dedicated to learning – and sharing that knowledge freely. “You have to have teamwork because you’re going to need help at some point,” she said. “Our motto is kind of, ‘you help rescue me and I’ll help rescue you.’ ” She said gardening has numerous benefits, especially for seniors. It’s good exercise and relieves stress. She said upperbody strength is of primary importance, especially when it comes to weeding or moving dirt. “You’re using every muscle imaginable, including brain power,” she said. “Getting out in the garden is very therapeutic. There’s something about playing in the dirt.” And there also is a feeling of legacy among members. They are keenly aware that healthy, well-maintained plants can last generations. “We trade personal plants all the time and you remember who you traded with,” Morris said. “If that person is deceased, you remember even more. There are lots and lots of friendships that have been made here.” u photo by Anne TIce Wild things This undated photo shows a zoo-themed topiary section that once was part of the Idea Garden. Any substantial additions or subtractions at the garden must be approved through a Master Gardener committee system. InsideIllinois PAGE 4 July 5, 2012 Carol Tilley media literacy expert on encouraging kids to read Editor’s note: Some kids love to read, and some don’t. If your child falls into the second category, odds are that you have an even tougher time coaxing him or her to read during the summer, when school isn’t in session. Carol Tilley knows how to handle this type of reluctant reader. A former school librarian, Tilley is a professor in the UI Graduate School of Library and Information Science, where she teaches courses in youth services librarianship, comics in libraries, and media literacy and youth. Tilley shared some suggestions with News Bureau news editor Dusty Rhodes. What advice do you have for parents whose children are capable but uninterested in reading? Aliterate kids – those who know how to read, but choose not to do it – can be a conundrum for parents, teachers and librarians. First, recognize that reading isn’t always about someone getting lost in a novel. Look for “hidden” reading – websites, text messages, baseball cards, magazines, cereal boxes, whatever – acknowledging and encouraging it when you notice it. Second, go with your kids to the library or a bookstore regularly; make it part of your family’s time together. Maybe your child won’t select the books you would, but remember, it’s not about you and what you like. Third, find other ways to make reading a family activity. Make sure your child sees you read – whether for work or for pleasure. Talk about what you’re reading. Read aloud to your child: That’s an activity that often stops when your child learns to read on his or her own, but it doesn’t have to! Listen to audiobooks on family trips or even while running errands around town. Parents tend to regard comics as the “candy” of the reading pyramid — treats to be consumed sparingly, and only after reading “real” books. Should parents worry if their kids gravitate toward comics? My short answer is, no. For many decades, librarians, teachers, parents and other folks who care about kids and their reading have relied on metaphors that books and reading are like food or ladders or steppingstones. These metaphors are easy but not always accurate ways of thinking about children’s literacy development. Most contemporary scholars of reading argue – and I concur – that reading is reading, at least in terms of gaining fluency, which is an aspect of reading that involves expression and understanding. Comics, gaming websites, sports pages, text messages, novels and any other kind of reading you can imagine help develop a person’s reading fluency. Beyond that, it’s important to understand that comics aren’t all funny animals or superheroes – not that either of those genres is bad or suspect. This medium comprises a wide variety of styles, genres and formats that can also help readers of all ages develop empathy, learn new ideas and more. In a lifetime of reading comics, this medium has challenged me to consider what makes the American political mythos both inspiring and troubling (for example, Mark Millar’s “Superman: Red Son”) and what lies at the heart of friendship (for example, Andy Runton’s “Owly” series). I’ve learned about important events in history (Jim Ottaviani’s “T-Minus: The Race to the Moon”), gained insights into life in little- photo by L. Brian Stauffer understood realms (Guy Delisle’s “Pyongyang: A Journey in North Korea”) and relived not-always-pleasant moments from adolescence (Mariko and Jillian Tamaki’s “Skim”). And I’ve been enchanted by the worlds I’ve encountered in comics such as David Petersen’s “Mouse Guard” series, Shaun Tan’s “The Arrival” and Linda Medley’s “Castle Waiting.” And no, not all of those titles are for kids! How did comics get such a bad rap? Comics have a long history of being considered questionable reading. When newspaper comics first became popular in the early 1900s, many adults feared that children who read them would become disrespectful toward elders, incapable of using “proper” grammar and unable to enjoy “good” literature. These fears were so great that women’s groups, religious leaders, librarians and educators launched protests – sometimes successfully – to get newspapers to cease printing comics. When comic books entered the American cultural landscape in the mid-1930s, some of those same fears were resurrected. In the years following World War II, comics became one of the many scapegoats for a perceived increase in juvenile delinquency, leading to sustained public outcry and, subsequently, restrictive self-regulatory actions in the comics industry. Although more than 95 percent of American kids read comics regularly in the 1940s and ear- Michael LeRoy labor expert on the NFL concussion lawsuit Editor’s note: Recently, a lawsuit on behalf of thousands of former National Football League players who suffered concussions and other head trauma in their playing days was filed against the NFL, setting up a potentially costly case for the scandal-plagued sport. Labor and law professor Michael LeRoy is an expert in collective bargaining and the author of a legal casebook titled “Collective Bargaining in Sports and Entertainment.” In an interview with News Bureau business and law editor Phil Ciciora, LeRoy discusses the league’s potential legal liability. Does this lawsuit have any merit, or is it simply an attempt by former players to extract more money from a sport that is awash in cash? Even if the players have a financial motivation, the fact that there is more evidence of long-term harm caused by concussions is reason enough for players to consider litigation. If one were to look for an ulterior motive, I would note that in the most recent round of negotiations with the NFL (including a trip through federal court), retirees found that their interests were subordinated to the interests of active players. So retiree benefits were substantially improved, but their bargaining demands were not met. Generally speaking, how successful are lawsuits from ex-employees seeking damages from former employers? It depends. Often, these lawsuits are framed as torts, and this body of law subdivides into negligent and intentional wrongs. However, many of these actions are precluded because another law – worker’s compensation – provides an injured employee an exclusive remedy. So an actual lawsuit by a former employee to recover damages from a workplace injury is relatively uncommon. Does the fact that the former players were once covered by a labor agreement mean anything for their lawsuits? Yes, it does. About 10 years ago, Korey Stringer, an offensive lineman for the Minnesota Vikings, died of heat exhaustion during an ill-advised summer practice with his team. His wife sued the Vikings, the NFL and equipment makers for damages. Most of the lawsuit was dismissed because player safety and medical assistance are UI photo subjects that the NFL and players bargained. In effect, the court ruled that the only type of action was a grievance that might go to arbitration – but again, this was not a suitable subject for courts. This type of reasoning could come into play again. What is the most likely outcome? After the recent scandal involving bounties – paid to players who injured opponents – do you foresee a quick cash settlement from the league to make this new black eye go away? The NFL will not likely see any connection between the bounty scandal and these lawsuits, even if fans recognized that aggressive or illegal play may be a reason for long-term mental disabilities. So, no, I don’t expect a quick settlement. More to the point, the burden is on the players to prove by a preponderance of evi- ly 1950s – a higher percentage than uses the Internet or even plays video games today – our collective concerns stifled this readership, and comics have never regained their appeal among kids. Are some comics more “nutritious” than others? What are some of your favorites? Well, if you think of reading in those terms, sure, some comics are more nutritious than others, just like some TV shows or films or novels or magazines are more nutritious. But don’t we all need a little cotton candy every now and then? Some comics for younger readers that I think do an admirable job of helping support a more balanced reading diet include Matt Dembicki’s edited volume, “Trickster: Native American Tales, A Graphic Collection”; Doug TenNapel’s “Ghostopolis”; Chris Duffy’s edited volume, “Nursery Rhyme Comics,” Nik Abadzis’ “Laika”; and Barry Deutsch’s “Hereville: How Mirka Got Her Sword.” The Toon Books imprint of Candlewick Press has lots of other great comics for early readers as well. How does manga rank compared to other comics? Manga is a Japanese form of comics, although Korea and China also produce similar styles of comics. Just as there’s a great diversity of styles and genres in American (and European and Latin American and all other sorts) of comics, manga comes in many shapes and sizes. In the past 15 years or so, manga has become increasingly popular among young readers, especially girls, in the U.S. Because comics embody the cultures in which they are produced, it’s important for adults to know that some manga titles, even those popular with younger readers, have a more carefree, less rigid, attitude toward nudity and sexuality than U.S. comics; if that’s an issue for you as a parent, then you’ll want to be even more involved in helping your younger readers choose their reading materials. u A Minute With ...™ is provided by the UI News Bureau. To view archived interviews, go to illinois.edu/goto/ aminutewith. dence that football-related activities led to their mental decline. Hypothetically, some of the plaintiffs may have taken a punch to the head; or in a more benign way, they may have had dietary or hereditary factors that led to their mental decline. There are many people who never take a hit to the head, but still develop these types of health problems. All of this means that the NFL is not going to be motivated to settle soon. If the courts were to rule in favor of the players, what ramifications would that have for professional football as it is currently played, if any? Would we see, say, the elimination of the three-point stance, or some other radical changes to reduce the chances of injury? It would depend on the findings of fact, and also the amount of damages. It is possible that a court could rule that the NFL was negligent, but contributed only to a small percentage of the causation of the injury. A small award might not change much – and keep in mind, the NFL now has a very protective head-injury policy in place. But in the realm of anything-is-possible, there might be a huge award. In this extreme situation, one could imagine the NFL would consider doing away with hard helmets, thereby making the game much less violent by forcing players into a more passive style of play. u A Minute With ...™ is provided by the UI News Bureau. To view archived interviews, go to illinois.edu/goto/ aminutewith. InsideIllinois July 5, 2012 PAGE 5 By Sharita Forrest News Editor B ehavioral problems in preschoolers may mirror the intensity and frequency of their parents’ marital conflict and signal possible child maltreatment, suggests a new study co-written by Jun Sung Hong, a doctoral candidate in the UI School of Social Work, and researchers at Ewha Womans University and Duksung Women’s University, both in Seoul, South Korea. The study, which included more than 340 children, their mothers and their teachers at 20 day care sites in Korea, was part of a longitudinal project exploring possible links between family conflict and school violence with the goal of developing intervention programs for at-risk children. “Considering that many social problems have their roots in family experiences, scholars have become interested in exploring potential family factors – including marital conflict – that are correlated with young children’s aggression,” said the study’s lead author, Hyun-Sim Doh, a professor in the department of child development in the College of Social Science at Ewha Womans University. “Although the study involved children and their families in Korea, the findings could be relevant to children and their families in the U.S. and other countries because child maltreatment and family violence are worldwide social problems.” Additional co-authors were Nana Shin, Min-Jung Kim and Sangwon Kim, Ewha Womans University; and Mi-Kyung Choi, Duksung Women’s University. The children in the study, all 3-year-olds, met the criteria for aggressive behaviors – such as fighting with other children, breaking other people’s belongings and bullying peers through physical and relational aggression – on the Child Behavioral Checklist, a widely used parent-report questionnaire used to assess children on maladaptive behaviors and emotional problems. Mothers who reported experiencing the most severe and frequent conflict with their marital partners were more likely to report that they also neglected or physically or psychologically abused their children. Accordingly, the severity of the children’s aggression was significantly associated with the level of maltreatment and with the frequency and severity of marital conflict reported by the mothers. Several prior studies suggested that children’s aggression might be correlated with inter-parental conflict. However, the current study explored the possibility that child maltreatment might be involved as a mediator between child aggression and parental conflict. The findings indicated that the mediating relationship was consistent for girls as well as boys. Prior research has shown that children who witness inter-parental violence may model that behavior, viewing aggression as an acceptable means of resolving conflict. “It’s important for practitioners to focus on aggressive behavior at an early developmental stage as young children are likely to be more responsive to primary prevention,” Hong said. Traditionally, patriarchal social values in Korea treated marital conflict and domestic violence as family matters, and researchers shied away from studying these areas, but a recent surge in school violence has pushed family relationships to the forefront of the research agenda, Doh said. In a related project, Kim, Doh and Choi collaborated with Hong on a study that tested an intervention program for aggressive children, which comprised social skills training and a parent education component that focused on fostering secure parent-child attachments, promoting communication and problem-solving skills and teaching appropriate disciplinary measures. Aggressive behavior significantly decreased, and pro-social behavior and emotional regulation significantly increased among the children who participated in the intervention, and their mothers scored higher on measures of warmth and acceptance at the end photo by L. Brian Stauffer Parental conflict may manifest itself in preschooler behavior Childhood aggression Jun Sung Hong, a doctoral candidate in the School of Social Work, collaborated with researchers at two universities in Seoul, South Korea, on studies that examined the origins of preschoolers’ aggressive behavior and tested an intervention program. of the program. The study about the intervention was published last year in the journal Children and Youth Ser- vices Review. The marital conflict study became available online in May with the same journal in advance of publication. u By Phil Ciciora Business and Law Editor T he unilateral efforts of a single country or region to reduce the emissions of greenhouse gases could reduce exports, increase imports and lead to higher emissions elsewhere – what economists call “leakage.” Unilateral efforts could, however, work better if other sources of energy were used as substitutes, thereby creating “negative leakage,” according to research by UI energy policy experts. Don Fullerton, a finance professor and former deputy assistant secretary of the U.S. Treasury Department, says the fear of any one country raising its own costs of production through a carbon tax, and thus making itself less competitive with its neighbors, is somewhat unfounded. “Other researchers have missed this ‘abatement resource effect,’ or what we call ‘negative leakage,’ ” said Fullerton, a researcher in the UI Institute of Government and Public Affairs and in the Center for Business and Public Policy in the College of Business. Fullerton, who co-wrote the paper with Kathy Baylis, a professor of agricultural and consumer economics at Illinois, and Dan Karney, a graduate student in economics at Illinois, says the omission has led to overstated fears about the leakage from a unilateral carbon policy. “What we show is that, in some cases, those fears are overstated, and leakage may not be that bad,” Fullerton said. “With some concentration on those favorable cases, one country might be able to undertake some good for the world without the fear that it is going to lose business to other countries or other sectors.” Fullerton says positive leakage arises when consumers substitute away from the taxed country or sector’s output to the other output. “If the context were two countries that produce the same traded good, like steel produced by the U.S. or China, then a carbon tax in one country always increases imports from the other country,” he said. “That creates positive leakage.” If the two goods are quite different, however, then consumers might still demand the good produced by the taxed sector. “Given these conditions, the taxed sector draws resources away from the unregulated sector or region, which could reduce their output and emissions,” he said. So if producers can shift their inputs easily – away from greenhouse gas emissions to windmills, solar cells and other energy-efficient machinery and vehicles – then that taxed sector could draw resources away from the other sector, Fullerton says. “If that effect is large enough, the result might shrink those other sectors’ operations overall, and thus possibly shrink emissions elsewhere,” he said. “But even if overall leakage is still positive, it may be overstated in models that do not allow for substitution in production. If consumer flexibility is low compared to producers’ ability to abate pollution by use of other resources, then we show that overall leakage may be negative.” The best possibility for negative leakage might be a tax or permit price for carbon emissions only in the electricity-generating sector within one country. “Demand for electricity is usually thought to be inelastic, which means consumers buy almost the same amount of it even as the price rises,” Fullerton said. “If firms need to produce almost as much electricity, while substantially reducing their greenhousegas emissions, they would have to invest a lot of labor and capital into windmills, solar panels and carbon capture and sequestration technologies. With any given total number of workers and investment dollars in the economy, then fewer greenhouse-gas emitting resources are used to produce all other goods.” Fullerton cites California’s unilateral effort to enact a carbon tax as an example. “They are a small open economy and, depending on how they do it, they might be able to get away with it,” he said. “Electricity is a good that doesn’t really transport all that well. In other words, it’s possible for California to buy electricity from Nevada or Oregon, but not from Iowa. So California might be able to put a carbon tax on electricity because people buy nearly as much electricity as they did before, and it provides some incentives to companies to build alternatives like windmills and solar cells.” If California had a carbon tax, the question then becomes what does it do at the border for any imports, Fullerton says. “What they would like to do is tax any import according to its carbon content, which is called a border-tax adjustment,” he said. But the reason that’s tricky is that you don’t really know the carbon content of the electricity – or any other good – that was produced somewhere else. “It’s hard to know how to do that, exactly, except maybe for oil or coal,” Fullerton said. “Who photo by L. Brian Stauffer ‘Negative leakage’ could be key to reducing carbon emissions Carbon tax Don Fullerton, a finance professor and former deputy assistant secretary of the U.S. Treasury Department, says the fear of any one country raising its own costs of production through a carbon tax, and thus making itself less competitive with its neighbors, is somewhat unfounded. knows how much carbon dioxide was associated with the production of, say, a washing machine, toaster oven, or some other widget.” Although it seems somewhat esoteric, the concept is important, Fullerton says. “Every economist who studies leakage seems to assume it must be positive,” he said. “They just can’t fathom any way in which it can be negative. They automati- cally assume that anyone who unilaterally imposes a carbon tax must be raising the cost of their own production, thereby putting themselves at a competitive disadvantage and handing business over to some other country who, when they increase their output, will increase their emissions. Therefore the carbon tax doesn’t do any good. But that’s not necessarily the case.” u PAGE 6 InsideIllinois July 5, 2012 Childhood cancer can have negative impact on future career By Sharita Forrest News Editor Y oung adult survivors of childhood cancer often have problems maintaining jobs and relationships, researchers have found. A new study of childhood brain tumor survivors by disability researcher David Strauser, a UI professor of community health, suggests that a battle with cancer during a critical developmental period in middle childhood may negatively affect career readiness and achievement as an adult by compromising children’s development of an effective work personality. The study has been accepted for publication in the journal Disability and Rehabilitation. Related research by the same author indicates that the developmental theory of work personality has broader implications than previously thought. Adult survivors of childhood cancer experience significant problems finding and keeping employment. In a study of young adult survivors of central nervous system cancer in childhood, Strauser found that people who experience the most employment problems were diagnosed between the ages of 6-13, the period known as the “industry versus inferiority” stage in psychologist Erik Erikson’s model of psychosocial development. During these years, children hone their self-concepts by mastering increasingly complex tasks. They also adopt behaviors and attitudes toward work that later enable them to function effectively – or ineffectively – in work environments as adults through social interaction and by observing role models in their home and school environments. Being diagnosed and treated for cancer during that period may disrupt the developmental process, depriving children of social interaction and other opportunities that affect their career readiness and formation of an effective work personality, Strauser said. “People learn to work, and they learn to value work,” Strauser said. “If you’ve never been around anyone who works or values work, you won’t learn to value it either.” participants had been away from treatment more than seven years on average. Cancer survivors’ scores were compared to those of 295 college students that ranged in age from 18-23. “Kids who were diagnosed before the age of 6 and after the age of 13 had higher work personality than the group that was diagnosed between the age of 6-12,” Strauser said. “Those diagnosed before age 6 had some stabilization in their cancer care by the time they began school. If they were diagnosed after 13, they were already past that critical period. When they were diagnosed in the age 6-12 range, that was when their involvement in school was disrupted, and they missed photo by L. Brian Stauffer a lot of the social inCritical development A new study by David Strauser, a faculty member in community health, sheds light on why adult teraction and activities that would reinforce survivors of childhood cancer often have trouble keeping their work personality. employment, particularly if they were diagnosed during a So that was very supcritical developmental period between the ages of 6-12. portive of our theory, Using a 26-item Developmental Work too, that it’s a really critical age.” Recent studies have found that many Personality Scale that he developed, Strauser assessed 43 cancer survivors on individuals who survive childhood cancer behaviors, role models and tasks consis- struggle with obtaining and maintaining tent with Erikson’s industry vs. inferiority employment as adults. Survivors of central developmental model. Using another tool, nervous system (CNS) tumors – who have Strauser assessed the extent to which the a higher prevalence of functional limitacancer survivors’ career decisions were af- tions and participation restrictions – are fected by confusion, anxiety, reluctance to especially vulnerable to career and educommit and external conflict such as self- cational problems. They are 15 times less likely to work or attend school than their perception and input from others. The study sample comprised young siblings and five times more likely to be adults ages 18-30 who had been diagnosed unemployed than peers that did not have with brain tumors during childhood. The cancer. CNS cancer survivors also are more average age of onset was 9 1/2 years, and likely to quit jobs, be employed in lower- skill positions, be socially isolated and have problems identifying appropriate career and educational goals. Until now, the work personality theory of vocational development has been used mainly in relation to workers with disabilities, but Strauser believes that it has broader implications, influencing career readiness and achievement in the non-disabled population as well. In a related study, which appeared in the June issue of the Journal of Employment Counseling, Strauser and his co-authors found a positive relationship between work personality, work engagement and the amount of effort that college students invested in their academic work. “We validated our notion that work personality is important and that it accounted for a significant portion of the variance in the amount of effort that non-disabled individuals reported putting into their studies,” Strauser said. “So it is an important construct for everybody. It was predictive” of higher levels of academic effort, particularly for male students. Work personality was an important predictor of academic effort among female students as well, but work engagement – feelings of fulfillment, dedication and absorption – had an even greater impact on women’s academic effort. The inventories developed for the research could be used to identify vocational behaviors such as task orientation that can compromise career success, Strauser said. “So a person that’s not as high achieving, someone that is going to work at factories, manual labor or service-related jobs who might have trouble keeping those jobs because they don’t get along with people or because they have problems showing up to work on time, we can identify some of those deficiencies and design interventions to help them,” Strauser said. The study was co-written by Deirdre O’Sullivan, a professor in the educational psychology, counseling and special education department at Pennsylvania State University, and Alex W.K. Wong, a graduate student at Illinois. u Anti-bullying efforts should be tailored to victims’ needs By Sharita Forrest News Editor G irls with poor self-control become as physically aggressive as the average boy when they’re bullied, suggests a new study by psychologists at the UI. Whether victims become more aggressive or mired in self-blame and despair after being victimized is influenced by their temperament, gender and the type of bullying they experience. Intervention programs need to be sensitive to these differences and provide resources and strategies tailored to victims’ individual needs, said the study’s co-authors, graduate student Niwako Sugimura and Karen D. Rudolph, a professor in the department of psychology. The researchers tracked 283 secondgraders’ psychological adjustment for a year, examining how temperament and sex influenced bullying victims’ subsequent development of aggression or depression. The children and their teachers were surveyed about the children’s victimization by peers, and their overt and relationally aggressive behaviors toward others. Overt bullying includes physical assaults and verbal taunts or threats; relational bullying is intentionally excluding a child from a group or spreading rumors about them. Parents also completed questionnaires about their children’s moods and feelings that corresponded with depressive symptoms and reported on two traits pertaining to their children’s temperaments – inhibitory control and negative emotionality. “Inhibitory control is like self-control,” Sugimura said. “Kids with poor inhibitory control have trouble stopping themselves from doing something too quickly or they don’t think before they act. Negative emotionality refers to how easily kids become angry, frustrated or sad. Children with high negative emotionality not only become angry or sad easily, they also stay upset longer.” Not all children with high negative emotionality are depressed, although they may be more likely to become depressed than other children when they face a severe problem such as bullying, Rudolph said. In the study, girls with high negative emotionality who had been bullied overtly or relationally were more likely to show depressive symptoms a year later. However, boys with high negative emotionality showed more depressive symptoms regardless of the amount of bullying they experienced, while boys with low negative emotionality showed depressive symptoms only in response to relational bullying. “We know that there is a genetic component to some of these traits, so it might be that boys with high negative emotionality are predisposed to depression,” Rudolph said. “And it doesn’t matter what their experiences are; they’re just more likely to be depressed. However, boys with low negative emotionality were not predisposed to depression, so they were more reactive when they were bullied and became depressed.” Contrary to the researchers’ expectations, girls – not boys – with poor inhibitory control were more reactive to overt and relational victimization and were more likely to display heightened aggression later on, becoming as physically aggressive as the average boy. Sugimura and Rudolph weren’t certain photo by L. Brian Stauffer Anti-bullying efforts A child’s temperament, sex and the type of bullying they experience all influence whether the child subsequently becomes depressed or more aggressive after being victimized, indicates a study by graduate student Niwako Sugimura, left, and psychology professor Karen D. Rudolph. why, but theorized that girls with low inhibitory control may be particularly impaired in their abilities to regulate their behavior. Or because overt aggression is less common among females, girls may view it as a greater threat and affront, prompting them to react violently. “What they might be doing is trying to defend themselves when they’re bullied and trying to regain status within their group,” Sugimura said. “And because they have poor self-control, they might rely on kicking and hitting instead of trying to solve the problem.” Responding aggressively to bullies tends to incite – not prevent – further victimization, triggering a cycle of violence, studies have shown. The researchers want to figure out ways to interrupt that cycle, developing interventions that protect victims against some of the emotional outcomes and to keep them from becoming more aggressive. Although recent media attention on bulSEE BULLYING, PAGE 7 InsideIllinois July 5, 2012 brief notes PAGE 7 Deputy CIO search OUTSIDE at the Research Park Finalists to make public presentations Free outside concerts are July 13, Aug. 3 Finalists for the position of deputy chief information officer/executive director of Campus Information Technologies and Educational Services are making public presentations to the campus community and CITES staff members. Candidates are describing how, if they were to be chosen, they would support and advance the strategic goals of the UI. Feedback from the campus community is an important part of the search process. To provide feedback, go to www. cites.illinois.edu/news/2012/deputycio-candidates.html. Log-in is required; feedback is anonymous. Matthew Behrens, the infrastructure services division administrator for the state of Iowa, made his presentation June 27. Remaining forums will be held in Room 141 Wohlers Hall: n Joseph (Greg) Gulick, the application services director, CITES, 11 a.m. July 10 n Michael Corn, the chief privacy and security officer (Urbana campus) and university chief information security officer (university administration), 11 a.m. July 12 n Marsha Henfer, the chief information officer, University of Wisconsin-Extension, University of Wisconsin Colleges, 11 a.m. July 17 For more information, go to http://www.cites.illinois. edu. Krannert Center for the Performing Arts joins Fox/Atkins Development LLC, to present two summer concerts at the UI Research Park. Both outside concerts are free and open to the public. OUTSIDE at the Research Park offers music, food and an open, relaxed environment. The performance space and seating area are located just south of the building at the corner of First Street and St. Mary’s Road in Champaign. The Brazilian-rooted, Deep South funk band Nation Beat will perform July 13 with opening act Bow-Dacious String Band beginning at 6:30 p.m. Bluegrass rockers The Giving Tree Band are featured Aug. 3 along with Mo’ Betta Music. A Green Fair and Bike Rodeo (with tips on bike handling and safety) begin at 6 p.m. with music beginning at 6:30 p.m. Free parking is available in the lot south of the Caterpillar/ SAIC Building at 1901 S. First St. BULLYING, CONTINUED FROM PAGE 6 lycides – youth suicides believed to have been caused by bullying – and school shootings by bullying victims have prompted mandates for anti-bullying curricula in schools, few of the programs have shown much efficacy with children in the U.S. “Most of the programs focus on intervening at the level of preventing something bad from happening, but we also need to work on skill-building Public hearing Meeting: Beckman moving to OVCR A public hearing will be held 4 to 5 p.m. July 13 in Room 1005 of the Beckman Institute regarding the transition of the Beckman Institute from the Office of the Provost to the Office of the Vice Chancellor for Research. In addition, comments may be sent to Frances Miller ([email protected]) by July 6. Comments may be confidential. u and teaching kids emotional competence skills,” Rudoph said. “Of course, it’s important for schools to prevent bullying from happening in the first place, but if kids respond to bullying more effectively, this also might reduce bullying eventually. If you teach kids with poor self-control or high negative emotionality how to think before they act and to deal with emotions effectively, you’re increasing the posi- Ads removed for online version tive skills that they can rely on; this may help prevent some of the negative cycles that evolve.” The study, available online, has been accepted for publication in the Journal of Clinical Child and Adolescent Psychology. An Arnold O. Beckman Award and a grant from the National Institute of Mental Health supported the research. u PHONES, CONTINUED FROM PAGE 1 “It’s not always easy to adapt to a new system, but we’ve had great participation from campus in getting this implemented,” he said. “We want to thank everyone for their time, patience and partnership throughout this whole project.” He also thanked CITES employees for their extra effort during the switch. “They have really gone the extra mile to implement the system, working many late hours to ensure everyone understands the process and the system is working as it should,” he said. One early glitch discovered during testing was that the locational element of the university’s E-911 service wasn’t compatible with the local emergency dispatch system. He said employees worked tirelessly with campus Public Safety and Metcad until a solution was found. “Now it’s working and you likely won’t notice any difference from the old, landlinebased system,” he said. “When you call 911, the system will receive location information.” He said officials are still awaiting word for how to dispose of or recycle the old phones. In the meantime units are asked to store the phones until a disposal program is developed. Gulick said CITES managers will continue monitoring the performance of the new system to ensure it’s working as it was designed. And they are urging anyone with complications to call for help so that solutions can be quickly identified and implemented. “We’re encouraging anyone who is experiencing problems with the new system to contact us,” he said. “We want it to work for everyone, no exceptions.” Problems may be reported by emailing the CITES Help Desk at [email protected] or calling 217-244-7000. u Ads removed for online version InsideIllinois Kurt T. Lash UI expert on the health care law ruling by the U.S. Supreme Court Editor’s note: Kurt T. Lash, the Alumni Distinguished Professor of Law at Illinois, is one of the nation’s leading scholars on constitutional law. He spoke with News Bureau business and law editor Phil Ciciora about the surprise ruling in one of the most publicized (and polarizing) U.S. Supreme Court cases of recent years. In siding with the left wing of the court, do you think Chief Justice John Roberts became worried that his court would be viewed as too political? Is he embracing the “umpire” role he talked about during his confirmation hearings, or is it more a matter of the Constitution being clear on the power of Congress as a taxing authority? I think we have to assume that Chief Justice Roberts believed what he wrote represented the proper interpretation of the law. It would not be the first time that the chief justice has embraced a broader interpretation of federal power than Associate Justice (Anthony) Kennedy. What makes the case surprising was the chief justice’s reliance on the tax power to uphold the mandate, an argument that had been rejected by every lower court. The weaker the argument, of course, the more people will conclude Roberts’ opinion represents more an act of institutional politics and less a good faith interpretation of the law. In fact, his argument that the law is not a tax for the purposes of the Anti-Injunction Act but is a tax for the purposes of the constitutional power analysis, as well as his conclusion that the mandate is not really a mandate and the penalty is not really a penalty, will be debated for years. However, whether the argument is persuasive, I nevertheless presume it represents what the chief justice truly believes. Does the court’s rejection of the Commerce Clause and the Necessary and Proper Clause signal a major blow to the authority of Congress to pass social welfare laws or otherwise intervene in national affairs? Chief Justice Roberts agreed with the four dissenting justices that the insurance mandate would be an unconstitutional exercise of the Commerce Power. The Article I, Section 8 power to regulate interstate commerce does not include the power to force people to engage in commerce. Even if one considers it dicta (a point of law unnecessary to the actual judgment), this seems to represent the reading of the Commerce Power by a majority of the Supreme Court. This is a significant development. In the past, many legal commentators argued that this was a frivolous theory of the Commerce Clause. No longer. But this new reality does not threaten any current federal program since Congress has never before tried to force people to enter into private commercial contracts. The real impact would have been if the court had accepted the argument that the Commerce Power allows Congress to compel people to purchase products. This would have opened the door to a very attractive regulatory option in times of economic stress. Of course, the court has now opened the door for Congress to do the same thing under the taxing power. It remains to be seen whether Congress will find exercising the taxing power is as at- Ads removed for online version July 5, 2012 photo courtesy College of Law PAGE 8 tractive as exercising the power to regulate commerce. In interpreting the individual mandate as a tax, do you foresee the tax code now being used more extensively to pass other laws pertaining to big issues of national importance? There is a reason why Congress declined to call the mandate a “tax.” One presumes it is the same reason that President Obama insisted on national television that this was not a “tax.” People generally oppose higher taxes and they often punish politicians at the polls who increase taxes for reasons that are not broadly persuasive. Chief Justice Roberts saved the mandate by calling it a “tax.” This allowed Congress to pass a law that escaped the criticism that would have occurred had the public known that Congress was passing an enormous tax increase. However, the public is now on notice that any similar “penalties” proposed in the future are actually proposed “taxes.” That fact alone may deter Congress from walking through the door just opened by the chief justice. Chief Justice Roberts is just 57 years old, and will probably lead the court for at least another 20 years. What kind of insight into the philosophy of the Roberts court can we glean from this ruling and the other major rulings of the last week of this term? To date, Chief Justice Roberts has been far bolder in leading the court toward his vision of due process, equal protection and individual rights than he has been in crafting a jurisprudence of federalism and limiting the general scope of federal power. Compare his forceful opinions in the Citizens United and Parents Involved cases with his quiet joining of Associate Justice (Stephen) Breyer’s opinion in United States v. Comstock (upholding federal power to extend incarceration for federal prisoners beyond their served sentence) and his almost apologetic embrace of Associate Justice Breyer’s theory of the taxing power in NFIB v. Sebelius (the new name for the health care cases). On the other hand, I think it would be unwise to ignore those aspects of Chief Justice Roberts’ opinion that insist on maintaining a federal government of limited enumerated powers. A majority of the court not only announced significant limits to the Commerce Power, they also limited the scope of the Spending Power. Don’t forget, in the second half of his opinion, Roberts joined four other votes in striking down the attempt by Congress to condition all federal Medicaid funding on the states’ willingness to expand their current Medicaid benefits. This is the first time since the New Deal that the Supreme Court has actually enforced limits on the national power to “tax and spend.” This shows that the chief justice is not afraid to apply principles of federalism even where they have real bite. In the end, the chief justice may have planted seeds in NFIB v. Sebelius that will grow in later cases. u A Minute With ...™ is provided by the UI News Bureau. To view archived interviews, go to illinois.edu/goto/ aminutewith. Ads removed for online version