The Miserable State of Education in America

With Avalyn graduating from pre-school and facing Kindergarten and public school and other options, I look to what's happening in our public school system and am dismayed.  As a parent and as a spouse of an educator.  As a citizen of this state and this country.

The Texas Senate voted Monday, May 6, 2019, to pass HB-3, a House-sponsored school finance bill bringing massive changes to the STAAR test, the already ridiculous standardized test that is used to measure individual student, teacher, and school success.  Four more writing tests have been added, raising the number of tests that Texas students need to pass in order to progress through and graduate Texas schools to 21, which includes five end-of-course tests for high school students.  This number had been at 15 in 2012, dropped to a merciful 5 in 2013 after a wave of protests, and is now back at an all time high.  The new assessments added focus in grades 3-8 and add, by a vote of 18-13, a new assessment in kindergarten (?!? - expletives deleted).  All passed at the beginning of Teacher Appreciation Week.  Go on Texas, show us how you really feel about teachers.

This of course comes after even more controversies arise surrounding the STAAR test itself.  This years fifth grade STAAR test included the f-word in illustrations on 15,697 versions of a practice test.  Studies have shown the STAAR reading tests are questioning kids at two grade levels higher than what the test should be.  And who can forget the poet who could not answer the STAAR test questions written about her own poem.

And with all of this testing that has become a part of student's lives, Texas only ranks 40th in education.  Overall it receives a C-.  This breaks down into a C for Chance for Success, a C- in K-12 achievement, and a D in School Finance.  And this isn't new.  We've been low in the states rankings for a long time.  In 2010, we were 30th.

Sadly, it's not like the United States does much better in worldwide rankings.

Let's set aside how we are failing teachers.  Let's set aside having a Secretary of Education actually trying to undermine the public school system.  Let's set aside the misguided hope in charter schools.

Let's just look at numbers.

According to the World Top 20 Project, a project of the New Jersey Minority Educational Development non-profit, the United States in the first quarter of 2019 rates 14th in the World's Best Education Systems.  This is out of 201 world national education systems.  Last year, for all of 2018, we did not even make the top 20.  This list is determined based on categories that include:

• Early Childhood Enrollment Rates for 3 to 4 year old
• Primary Completion for 6 to 11 year old
• Lower Secondary Completion for 11 to 14 year old
• High School Graduation Rates for 14 to 18 year old
• College Graduation Rates for 18 to 25 year old
• Primary Test Scores for 6 to 11 year old
• Lower Secondary Test Scores for 11 to 14 year old
• School Safety Levels for 3 to 25 year old
• Out of School Children Ages for 3 to 14 year old
• Adult Illiteracy Levels for 15 year old and up
• National Student to Teacher Ratio, and
• Free Access to Schools from Early Childhood to Secondary

We didn't even crack the top in any of these categories.

And yet our solution is more standardized testing across the board, a method that we know DOES NOT WORK.  The Washington Post went as far as to list 34 reasons why they don't work in 2017.  Among other things, commercially produced machine-scored standardized tests:

• Are unavoidably biased by social-class, ethnic, regional, and other cultural differences
• Unfairly advantage those who can afford test prep
• Radically limit teacher ability to adapt to learner differences
• Provide minimal to no useful feedback to classroom teachers
• Are keyed to the deeply flawed, knowledge-fragmenting "core" curriculum adopted in 1893
• Have led to the neglect of play, music, art, and other non-verbal ways of learning
• Hid problems created by margin-of-error computations in scoring
• Penalize test-takers who think in nonstandard ways (as the young frequently do)
• Give control of the curriculum to test manufacturers (Hello Pearson)
• Encourage use of threats, bribes, and other extrinsic motivators to raise scores
• Assume that what the young will need to know in the future is already known
• Emphasize minimum achievement to the neglect of maximum performance
• Produce scores which can be - and sometimes are - manipulated for political purposes
• Create unreasonable pressures to cheat (looking at you Georgia scandal)
• Use arbitrary, subjectively-set pass-fail cut scores
• Reduce teacher creativity and the appeal of teaching as a profession
• Lessen concern for and use of continuous evaluation
• Have no "success in life" predictive power
• Unfairly channel instructional resources to learners at or near the pass-fail cut score
• Are open to scoring errors with life-changing consequences
• Are at odds with deep-seated American values about individuality and worth
• Create unnecessary stress and negative attitudes toward schooling
• Perpetuate the artificial compartmentalization of knowledge by field
• Channel increasing amounts of tax money away from classrooms and into corporate coffers (again, Hello Pearson)
• Waste the vast, creative potential of human variability
• Block instructional innovations that can't be evaluated by machine
• Unduly reward mere ability to retrieve secondhand information from memory
• Subtract from available instructional time
• Lend themselves to "gaming" - strategies to improve the success rate of guessing
• Make time - a parameter largely unrelated to ability - a factor in scoring
• Create test fatigue, aversion, and eventual refusal to take tests seriously
• Hide poor quality test items behind secrecy walls
• Undermine a fundamental democratic principle that those closest to the work are best positioned to evaluate its quality
• According to the National Academy of Sciences report to Congress, don't increase student achievement.

And that's just the tip of the iceberg, focused more on the school related impact.  That does not even get into the effect it's having on the kids.  At the grossest level, it's amazing that test officials have to have instructions prepared for what to do when a student vomits on the test.  As if it would be expected.

Or we could look at the spike in middle school suicides, doubling between 2007 and 2014.  This spike has been tied to increased pressure to achieve academically, more economic uncertainty, increased fear of terrorism, and social media.  A big part of the increased pressure to achieve academically is linked to the increase adoption of Common Core standards and new, more rigorous high stakes tests over the same time period.

Experts would point to the same kind of rigorous testing in countries like South Korea and point to an important lesson we would learn regarding student resistance to the high-stakes testing environment.  Instead of seeking to emulate this system, perhaps we should be wary of its potential effects like the fact that 1 in 4 youth in South Korea has contemplated suicide.

The sad thing is, we know what works.  Play.  Particularly in early childhood education.  Perhaps Mr. Rogers knew best after all.  "Play is often talked about as if it were a relief from serious learning.  But for children play is serious learning.  Play is really the work of childhood."  Children need to be moving, to be running, to solve problems on the playground, to build, to create to laugh, to experience.  And play can be guided or it can be free form, both have benefits and place in education and development.  Look at Finland.  Number 1 in the 2019 first quarter and Number 2 for 2018 overall.  Children don't start school until age 6 in preschool and then age 7 in kindergarten.  There a sizeable chunk of those student's day is devoting to play.  Not the measly 20 minutes most American schools might give.

And research supports this type of learning.  A research summary entitled "The Power of Play" concluded, "In the short and long term, play benefits cognitive, social, emotional, and physical development...When play is fun and child-directed, children are motivated to engage in opportunities to learn."

So why don't we do this?

One primary reason - it doesn't make anyone money. In particular, it won't make Pearson Education any money.

As of 2012, Pearson had nearly 40% of the testing market, triple their nearest competitor.  That's everything from the STAAR test to the SAT prep and beyond.  A hypothetical student could take Pearson tests from Kindergarten through at least 8th grade, a test they studied for using Pearson curriculum and textbooks to prepare for, taught to them by teachers certified by their own Pearson test. If at some point they are tested for a learning disability, that's also a Pearson test, and even if they dropped out, to avoid those tests, and wanted to take the GED, that's also now a Pearson test.

Pearson has enjoyed spectacular success and profits, despite their track record being littered with complaints regarding technical glitches, slow grading, and errors in their exams.  Even worse, they are notorious for using horrible practices for hiring graders for their exams and for the quotas used in scores awarded particularly in the writing exams.  Let's not even talk about their use of confidentiality agreements which prevent teachers from discussing errors in the exams.

Pearson has spent $160,000 in lobbying so far this year.  That's down due to the monopoly they now enjoy.  At their peak, they spent $1.08 million in 2011.  Even to the point of hiring a former House Public Education Chairman, Rob Eiseler, in 2013.  Maybe the problem's here?  Or is it just me?

Perhaps it's time that our legislators should care think more what is effective for the students, than what is beneficial for Pearson.

Novel, I know.

If I Were Disney CEO Part 40 - Disney Theatrical Group

"I just don't think anything is quite as magical as a Disney cartoon fairy tale."
"I am a musical theater person and I do see a very strong connection between these two mediums."

Howard Ashman, lyricist and songwriter, Little Shop of Horrors, The Little Mermaid

"As Broadway musicals go, Beauty and the Beast belongs right up there with the Empire State Building, F.A.O. Schwarz, and the Circle Line boat tours.  It is hardly a triumph of art, but it'll probably be a whale of a tourist attraction."

David Richards, New York Times Theater critic, April 1994

"Clearly, because of the titles that they bring to Broadway, it's gotten audiences, press, people from around the world more focused on it and interested in Broadway.  I think that Disney productions have provided a really important entry point for audiences into the theater, whether it's young audiences and new audiences going to see a show like Beauty and the Beast or Lion King or Little Mermaid because of the title."

Steven Chaikelson, Head of MFA Theater Management and Production program at Columbia University

Walt Disney Theatrical Production was formed on February 8, 1993 to produce Beauty and the Beast, the original Broadway opening.  From that initial production, Disney has put forth 20 total theatrical productions across the nation and around the world, with two in development for production this season or next.  It's had as many as four Disney shows on Broadway at a time.  It's efforts have earned the productions 19 Tony awards and 59 nominations.

In fact, Disney has been so invested in live theater and Broadway, that it signed a 49 year revenue based lease for the New Amsterdam Theater in May 1995.  Disney then went about painstakingly restoring the theater to its original use and grandeur. Since then, the theater has served as a home for theatrical productions of King David, The Lion King, Mary Poppins, and Aladdin.   Disney's move into the theater began the revitalization of Times Square.  "When The Walt Disney Company committed to restoring this theater, it gave everyone else the confidence that they could do it too."  Disney Theatrical Group President Tom Schumacher.

Currently Disney Theatrical Group has three shows on Broadway (Aladdin, Frozen, and The Lion King), with four on tour if you count the 20th Century Fox based Anastasia.   Additionally, Disney's partnership with Musical Theater International for theatrical licensing has proven very lucrative, with examples like the musical Newsies, which initially was intended to be primarily a licensing only show.  It's surprise success at the Papermill Theater was the only reason it headed to Broadway.

With all that as background, I have a few thoughts regarding how to proceed with this division.

Primary Goals for the Division:

• Focus on material that will be theatrical in presentation: The Lion King wowed audiences because a visionary director transformed the already popular songs and material into a visually stunning use of puppetry.  Mary Poppins and Aladdin make use of a lot of stage magic to uplift those shows.  Conversely, The Little Mermaid suffered because of the difficulty in translating underwater scenes without resorting to wheelies or people stuck on wires.  Tarzan feel short when it moved from the intriguing theater-in-the-round concept, where the action would have taken place into the air, into a sight-line impaired traditional theater.  While there are many great Disney classics that work well in film, not everything is going to translate into a good musical or play.  Any production mounted must have a theatrical component to its story.
• Go purpose built when playing Broadway - There's something special about seeing a show on Broadway.  There are effects that generally you cannot see on the tour because the longer run period affords purpose built effects on that stage.  For example, in the tour version of The Lion King, Pride Rock comes in from the wings.  On Broadway, the same effect builds up from the floor of the stage.  It's a bit more visually impressive.  I mention this because for Disney's newest musical, Frozen, they forwent the spectacular Broadway purpose built effects and only installed ones that could be used on tour.  It's a cost saving measure I understand, but it represents a loss of Disney magic. The Broadway production should always have that little bit more, that little bit extra, to be a destination.
• Buy the New Amsterdam outright - Disney's history on Broadway will be forever linked to this theater and its time to not have to worry about a lease.  Further, with three productions on Broadway, it might be time for Disney to consider purchasing another location to be a permanent home for its shows.
• Consider more plays - Disney is known for lavish musicals, but has found success with two plays with music: Peter and the Starcatcher and Shakespeare in Love.  With the Fox library at its disposal, are there pieces that could be developed into gripping plays?  I'm fascinated by the Gore Vidal-William Buckley debates.  Those aired on ABC and would make an excellent play in the vein of Frost-Nixon.  Is there a story like War Horse or The Curious Incident of the Dog in the Night Time, either of which would seem to align with Disney Theatrical sensibilities? Again, plays provide a source of revenue through licensing beyond their time on stage.  There is a lot of opportunity here, if investigated.
• Build performance spaces at Disney Resorts for touring productions - Shanghai Disneyland is the first Disney Resort to have a theater for a Disney Theatrical production, showing initially The Lion King before changing to Beauty and the Beast.  This would seem to be something that could benefit other Disney Resorts.  In Florida, one could be added to Disney Springs, providing a justification for the separate cost.  California could potentially use the Hyperion, but would run into logistical complications.  Another one could be added in Downtown Disney or potentially the Eastern Gateway space.  Paris and Hong Kong could likewise easily house the space.  These are all markets that get touring productions.  The spaces could either simply house tours like Broadway Across America or could just cycle through long runs of Disney Theatrical shows.  
• Pay attention to the Broadway Princess Parties - 54 Below, a newer cabaret space in New York, has hosted a few Broadway Princess Parties, where actresses who play princesses and similar characters in Broadway productions come and sing their favorite songs from musicals, animated features, etc.  These are great talent pools both for Broadway productions and for Disney animated features.  Laura Osnes needs to be a Disney Princess.
• Leverage existing talent connections - Disney has a great affection for Broadway talent. It's television programs are filled with Broadway voices.  Most of the cast of the Tangled television series is straight from the Great White Way.  Likewise, Disney has strong partnerships with Broadway creators like Lin Manuel Miranda.  What would a Disney Theatrical presentation with Lin look like?  Could Hamilton have been Disney Theatrical?  I don't know but I would love to find out.
• Explore variety - Disney is partnering with Cirque du Soleil for its show at Disney Springs.  Could Disney partner again for a touring production?  Could Cirque performs transform the troubled Tarzan into something truly spectacular in the round?  Likewise is there an opportunity for Fantasia to be a ballet?  Or to bring forth King David as an opera?  The sky is the limit.

Suggested new productions:

• Aida (Revival) - this is a very impressive musical and its time for a revival.  Elton John music.  Tragic love story.  Perhaps for the 25th anniversary in 2023.
• Vidal-Buckley - A play about the Vidal-Buckley debates and how they saved ABC and forever changed political discourse, as mentioned above.
• Enchanted - the Disney live action-animated hybrid would now provide an opportunity to show the progression of musicals.  Starting as a comic operetta in the fairy tale portion and moving to modern musical as the show closes.  This could be very impressive and very theatrical.
• On the Record - a revamped musical revue of Disney songs, stripping away the conceit of a story and just presenting the songs and dance in inventive ways.   The album is a delight to hear and I think something could really be worked from those bones.
• Jungle Book (revival) - I would love to see the Jungle Book from the Goodman finally get a shot at Broadway.
• Pocahontas - Of all the Disney Renaissance films that have not yet been adapted to stage, Pocahontas has a lot of pluses for it and a strong message to share.
• Tangled - Of the current slate of Disney films, Tangled is the best suited to stage adaptation.  If you remove Maximus or change him into a guard, it's nearly a straightforward adaptation. Plus the tricks with the hair would be a lot of fun.
• American Graffiti - American Graffiti would provide an excellent backdrop for a jukebox musical.  Would cost a fortune in licensing but would be a lot of fun.

That's just a few initial thoughts on new shows.  There's a world of possibilities now.

Next up in the series - Disney Music and Disneyland Records

Christchurch Call

Once again the United States abdicates and its companies have to step up and fill the gap.

Wednesday, May 15, 2019, twenty countries and eight tech companies gathered together in Paris, France to compile the Christchurch Call, a set of guidelines for governments and companies to help combat the internet being used to spread hate, organize extremist groups, and to broadcast attacks.  It provides a roadmap aiming to prevent similar abuses of the internet while insisting that any actions must preserve "the principles of a free, open, and secure internet, without compromising human rights and fundamental freedoms."

The Christchurch Call developed after the attack on mosques in Christchurch, New Zealand, in which the events were broadcast live on Facebook, drawing public outrage and fueling debate on how to better regulate social media.  The New Zealand government under the leadership of Prime Minister Jacinta Ardern, partnered with the Frence government under President Emmanuel Macron.

"Fundamentally it commits us all to build a more humane internet, which cannot be misused by terrorists for their hateful purposes."

Prime Minister Jacinta Ardern

The meeting on Wednesday coincided with the "Tech for Good" conference in which 80 CEOS and executives from technology companies gathered in Paris to address how they can use their global influence for public good.  Accordingly, the Christchurch Call has involved the major social media and internet players.  Facebook.  Amazon.  Google.  Microsoft.  Twitter.  Those five companies in particular issued a joint statement supporting the Call, outlining in further detail actions they would take individually or together to combat abuse of their technology.  Facebook in particular, has committed to toughening its livestreaming policies, with a one strike policy for a broad range of offenses.

The companies that have joined in support are not surprising.  Australia, New Zealand, Japan, Canada, the European Commission and members the United Kingdom, France, Germany, Ireland, Italy, Spain, Sweeden, Norway, and the Netherlands, among others.

There is one glaring omission.

The White House is not endorsing the global pledge, citing a respect for "freedom of expression and freedom of the press."  Instead, the White House said it will "continue to be proactive in our efforts to counter terrorism online" while also protecting free speech.

As if the other countries supporting the pledge don't have free speech rights in their countries.  Some of them having much stronger guarantees than we do in the United States.

Further, the Christchurch Call is not some binding legal decree or treaty.  It's a nonbinding pledge without any plan for enforcement or regulatory measures.  It's a symbol.  It's a recognition of the problem and a commitment to address it.  It is something we could commit to and adopt to our Free Speech requirements.

But I suppose it shouldn't be surprising.  There are a lot of extremist groups that support the current administration. Extremists which have endorsed Trump and he has not exactly disavowed.  Why would he start now?

Further, endorsing the call would seem to be counterproductive to President Trump's attempts to call out social media firms for a perceived social media bias against conservatives.  "SOCIAL MEDIA PLATFORMS should advance FREEDOM OF SPEECH.  Yet too many Americans have seen their accounts suspended, banned, or fraudulently reported for unclear 'violations' of user policies," read an online form shared with the Twitter followers of the White House.  Nevermind that many of the so called conservatives that have been banned have been promoting out right lies and misinformation or calling for truly extremist views.  Or that there has been no evidence of a systemic effort on the part of Facebook, Twitter, or Google to specifically shut down conservatives users or content.

Perhaps Trump is just worried his twitter account would be affected?

It's also part of a worrying trend where the United States is forgoing many global causes. Backing out of the Paris Climate Agreement.  Out of the Iran nuclear agreement.  Bilateral trade agreements.  From the United Nations Human Rights Council.  Yeah.

At some point we have to realize that we have responsibilities as a global citizen.  That isolationism does not work.

Perhaps there's hope for a turnaround in a year and a half.

Or maybe we'll just get more of Gene Simmons, from KISS in the White House briefing room.  Apparently that took precedence yesterday.

Miss Saigon

Jamie and I got to run away for a date afternoon on Saturday for a good lunch at Oscar Delta and an opportunity to see Miss Siagon, a musical neither of us had ever seen.  In many ways, I think we were excited just for the line in Drowsy Chaperone, "they land a helicopter on the stage."   And that is very visually impressive.  There are a couple of pieces of that effect that I am still trying to wrap my head around.

The show is an adaptation of Madame Butterfly, and moves that tragic tale from Imperial Japan to Saigon in the midst of the Vietnam War.  And the show sometimes suffers from trying to stick too closely to that adaptation.  There are beautiful and very recognizable songs and the actress playing Kim was incredible.  You can see why this became such a sensation in the late 1980s/early 1990s.

For us, the show prompts research into the Vietnam war and into issues following, particularly the Amerasian children, or those dubbed the "bui doi" in the musical.  A long term effect of the war not often discussed in history class.

All in all, a fun date afternoon.  For our next one in June, we'll be celebrating our anniversary.

Baptism Sunday

Today is baptism Sunday.  Now we might be fighting a little bit of rain or effects of rain today.  But it is a Celebration nonetheless.

At Stonepoint, we do not have a traditional baptistery, so Baptisms are scheduled for three times a year.  Today is the first baptism service of 2019.  The whole service will be dedicated to baptism and its celebration.  It's a time for the whole church, both campuses to come together to celebrate life change.  And celebrate we do.  In addition to the baptisms themselves, we sing.  Loud.  After the service, we have bounce houses, Kona ice.  Barbecue and hot dogs.  We come together as a family.  It's part dinner on the grounds, part river baptism, part worship service.

This is homecoming.  It's a family reunion.  It's a party because our brother, our sister was lost and has now returned.  We celebrate with the angels in heaven who rejoice when a sinner repents.  "Just so, I tell you, there is joy before the angels of God over one sinner who repents."  Luke 15:15

We involve each other in the process.  The baptisms involve the whole staff and those who have been influential in the life change that is being celebrated. Journey Group leaders and members.  Parents.  Siblings.  Best Friends.  A recognition of the joy that is to be spread.

What a great day in the Lord!

If you are looking for a church home, to find a place to truly connect and dig in deeper, you can find out more about Stonepoint here.

If you have not believed and followed Christ in baptism, I ask you, Look, here is water.  What stands in your way?

Time Flies

How very special are we
For just a moment to be
Part of life's eternal rhyme
How very special are we
To have on our family tree
Mother Earth and Father Time

Last night, Avalyn graduated from pre-school.  My little girl has grown up, in the apparent blink of an eye.  It's hard to believe that five years have passed already.  I can both feel every year and wonder where they all went.

This little girl is amazing.  She has challenged us in ways we could never have imagined.  I'm awestruck by her memory, her intelligence, and her beauty.  She got a double-dose of a stubborn streak from both her parents, but it makes her bold, strong, and a leader.

Class of '32 look out.

Father Time, can you slow down, just a little bit?  I'd like these moments to last.

Anti-Abortion Madness

As states are emboldened to tighten restrictions on abortion, we are reaching a bit of anti-abortion madness leading to some outrageous and offensive results.

Alabama signed into law a near-total ban on abortion including criminalizing the procedure as a Class A felony and providing an exception only when "necessary to prevent a serious health risk."  The law provides no exceptions for rape or incest.

Many other states, like Georgia, have been signing "heartbeat laws," preventing an abortion after a fetal heartbeat is detected.  These bills generally provide exceptions for rape, incest, and situations where the mother's life is at risk.  There are around 15 heartbeat laws in various stages across the country.

Ohio's law is one of the most baffling and infuriating.  The bill aims to prohibit insurance coverage of abortions, includes two exceptions: one expected and one medically impossible.  There is no exception for rape or incest.

The first exception is one for a "procedure, in an emergency situation, that is medically necessary to save the pregnant woman's life."  The second is a procedure for an ectopic pregnancy, "that is intended to reimplant the fertilized ovum into the pregnant woman's uterus."  That is medically impossible.

In an ectopic pregnancy, the fertilized egg implants in the fallopian tubes instead of in the uterus. The pregnancy is not viable and it very often can put the mother's life at risk, running the risk of the fallopian tube rupturing.  The pregnancy either ends in a miscarriage or it is ended with drugs or surgery.

"An ectopic pregnancy cannot move or be moved to the uterus, so it always requires treatment," according to the American College of Obstetrics and Gynecologists.

The bill would then have Ohio women waiting until the ectopic pregnancy became life-threatening to get an abortion.

We've been there.  Between Avalyn and Jude, we faced an ectopic pregnancy that went long undiagnosed.  And the experience damn-near killed Jamie.  She's alive by God's grace and our fighting for further examination.

First, it was believed to be a miscarriage, but the D&C procedure did not really reveal anything to have been there in the first place.  Following more pain and bleeding, the ectopic was diagnosed and methotrexate was prescribed.  This is a chemotherapy agent used to treat cancers and to terminate pregnancies, particularly ectopic pregnancies in early stages.  It's the non-surgical option.  That was still followed by more pain and more bleeding, requiring the surgical option, which is the removal of the fallopian tube.  By that time, Jamie had free flowing blood from internal bleeding in her abdomen.

That's nothing anyone should have to suffer through.

And it's especially something that no one should be submitted to because of belief in "magic medical procedures" invented by their legislature.  Our anti-intellectualism at its finest.

It's no wonder states with the worst anti-abortion laws also have the worst infant mortality rates.  Of the 12 states ranked highest in infant mortality rates (including Alabama and Georgia), 11 are described by the abortion rights organization NARAL as imposing "severely restricted access" on abortions.  States with the largest number of abortion restrictions such as mandatory waiting periods, counseling and ultrasounds; restrictions on insurance coverage; and unnecessary standards on ambulatory abortion clinics, tend also to have the fewest supportive policies like Medicaid expansion; family leave; sex- and HIV education programs; and good access to children's health insurance programs.  Experts have connected these dots between abortion restrictions and maternal and infant health problems.  Limits on access to legal abortions lead women to choose unsafe alternatives.  Unintended pregnancies tend to be associated with poor health for women and their children.  And low-income and minority women face difficulties accessing healthcare even under ideal conditions, leading to an economic and racial component to the effects.

Likewise, we've seen that the maternal death rate is on the rise and that most of them are preventable.  700 women each year die in the US due to complications related to pregnancy or childbirth and more than half of them die from preventable causes. From 2000 to 2014, this rate increased 27%.  Going beyond the death statistics, a report by NPR and Propublica found that for every 1 mother who dies 70 women nearly die.  In fact, a woman giving birth in the United States is nearly 3 times as likely to die as a woman giving birth in Canada or the United Kingdom.

Why?  Because we have a system based on the idea that it is rare for a woman to die in childbirth, where funding and resources are dedicated mostly to saving babies, and where the woman's complaints are downplayed or ignored.

We saw this with Jamie.  The day before the surgery to remove the ectopic pregnancy and the fallopian tube, we went to the ER.  The doctor on call did not deem her pain level sufficient enough to call the OBGYN on call nor to request an ultrasound and instead chalked everything up to side effects of the methotrexate.  Thankfully, we demanded an ultrasound, so that at least the next doctor on call would actually look at it (after we left the ER) and see that she needed to be on the operating table right then.

I'm not a supporter of abortion.  I do not like the procedure, I wish it could be done away with.

But our lawmakers are so transparent in their attempts to pass a law that will be challenged so they can take the case to the Supreme Court and attempt to overturn Roe v. Wade that they are not even writing sensible legislation at this point.  They are not writing legislation that will have a positive impact on the health and safety of their constituents.  Instead they are playing dice with the lives of the women and children of their states. 

You can see it clearly in including procedures that come straight out of their science fiction fever dreams.

And they wonder why people compare them to The Handmaid's Tale.

A Bite Out of Apple

In a surprise decision, the Supreme Court yesterday, May 13, 2019, in a divided decision handed a major victory to plaintiffs in a massive antitrust lawsuit against Apple.  By a vote of 5-4, the justices allowed the suit, brought by a group of iPhone users who allege that Apple is violating federal laws by requiring them to buy apps exclusively from the App Store, to go forward.

In the original trial court in California, the lower court relied on a 1977 Supreme Court Case entitled Illinois Brick Co. v. Illinois to dismiss the suit.  In Illinois Brick, the Supreme Court ruled that triple damages for violations of federal antitrust laws are not available to an "indirect purchaser," that is to a person whose claim is not that he was personally overcharged, but instead that the defendant overcharged a middle man, who then passed along the extra charge to the plaintiff.  This is the position that Apple and the Trump Justice Department took, that the App Developers are charged a 30% commission by Apple and that they, not Apple, are the one's who pass it along to the end customer, meaning the end customer is not a direct customer of Apple.

On appeal, the U.S. Court of Appeals for the 9th Circuit reversed and reinstated the case.  The court of appeals found the case much simpler and differentiated from Illinois Brick.  Here, the end customers and plaintiffs bought directly from Apple through the App Store and paid Apple for the applications, despite the developer setting the price.  Apple then is a direct distributor, selling the apps through the App Store.

The Supreme Court agreed with the 9th Circuit.  Surprisingly, Justice Kavanaugh sided with the courts more liberal justices to pen the opinion.  While Illinois Brick "established a bright-line rule that authorizes suits by direct purchasers but bars suits by indirect purchasers," Kavanuagh found that the iPhone users were direct purchasers from Apple and therefore could bring an antitrust lawsuit against the company because they "bought the apps directly from Apple."

Perhaps this signals a time when we are going to get serious about scrutinizing monopolies again.  Certainly, if this suit is ultimately successful, it will have major implications for online marketplaces like Google's Play Store or Amazon's Marketplace.  It could even have more far reaching implications for companies like Amazon itself.

And maybe that's a good thing.

I've already written about the ubiquity of the tech giants in our lives and how their reach is becoming even more insidious.    Think for a minute about how much Google has a hand in, from the backbone of the internet to smart home devices.  Even worse, think about Amazon.  You could use an Amazon Echo to ask Alexa to buy you Amazon branded merchandise on their web platform (which they can promote over other brands), on which you could use AmazonPay to then get your item shipped to an Amazon Locker if need be by an Amazon truck or eventually could get delivered to your front door via an Amazon drone.  If you have a Ring doorbell, the Amazon delivery driver could even bring it in the front door for you and leave it.  That doesn't even touch the websites that are using Amazon Web Services without you even knowing it.

And that's just in tech.  How about the monopolies that exist in prescription drugs, even for generics?  Or the monopoly in mandated school testing and test prep?

I'm as big a fan as any of the Walt Disney company, but even I can list you the negative effects of their merger with 20th Century Fox.  It may not be as dangerous as the AT&T-Time Warner merger.  There was a reason why United States v. Paramount Pictures stopped motion picture studios from owning their own distribution channel in movie theaters.

We seem to be getting a lot of Ma Bells and Standard Oils now.  Maybe it's time to get back into the trust busting business.

If I Were Disney CEO Part 39 - Streaming

"If consumers want sports, they can subscribe to ESPN+.  If they want adult content, they can subscribe to Hulu, and if they want family, there's Disney+."

Bob Iger on streaming options

"We're designing a product that we want to be accessible to as many consumers as possible.  We just feel that Disney is loved by so many millions and millions of people around the world."

on streaming as a global offering

"What we are putting forward is an aggressive strategy.  We feel that if we're going to implement it, we've got to be very, very serious and be all in on it."

on Disney+ strategy

"We both probably share a bullish outlook on Hulu, but we can't do it on our own."

on Hulu

Disney is about to get into streaming in a big way.  On April 12, 2018, Disney launched its first streaming service, ESPN+ its direct streaming service for original ESPN programming and documentaries, as well as sports rights beyond the NFL, NBA, and MLB.  By February 2019, the service already had 2 million subscribers.

In its acquisition of 20th Century Fox, Disney increased its ownership in Hulu, from 30% to 60%, making it a controlling majority owner.  Hulu started as a collaboration between major networks to provide a streaming source for day after viewing of broadcast programs and classic libraries in an effort to combat piracy on YouTube and other sources.  Since then, Hulu has morphed into a subscription service, offering live TV options, premium subscriptions access like Showtime, and original programming.  The original programming in particular has become acclaimed with shows like Man in the High Castle and The Handmaid's Tale.  As of May 14, 2019, Disney worked out a deal with Comcast to take full control of Hulu.  This will be a major part of Disney's streaming offerings.

Disney+ is Disney's own streaming service to be rolled out later this year.  It will be Disney's family offering focusing on the Disney animated and live action libraries, the Pixar library, Lucasfilm, Marvel, Muppets, the 20th Century Fox family films, and National Geographic.  Disney is being aggressive with their streaming package with a $6.99 a month subscription, a potential for savings with bundling Hulu, Disney+, and ESPN+, and a lot of high quality original programming coming its way.  Disney is essentially viewing Disney+  as just another venue for its programming to go.  The company can just look at any particular project and decide is this theatrical, television, or streaming for its initial release, knowing it will end up in streaming eventually.

Because this will be an important part of Disney's offerings going forward, I wanted to put forward a few recommendations on this particular division.  I'll be focusing on Hulu and Disney+, as ESPN+ was touched on in the ESPN entry.

Primary Goals for this Division:

• Broadcast feeds streaming, which feeds broadcast - This is probably the most important component of success for the division.  The connectivity between studios, broadcast, and streaming will be key, or no one platform will be used to its fullest.  Just as theatrical, home entertainment, premium cable, cable, and broadcast used to represent stratified options for monetization of film assets, a similar strategy could be used to maximize the viewership and full monetization of film and television programming.  Could a season premier on Disney+ and then be aired weekly on ABC six months later?  Maybe a shorter gap, perhaps a longer one?  I've repeated this with every studio in television, but this will be of vital importance to master.
• Reach deep into the library -Disney and its film and television studios have extensive libraries that can be accessed to find programming to revive.  And with Disney+ and Hulu available, there are places for everything in those libraries.  For the services to feel worth their cost, the history of these networks and the libraries Disney owns should not be ignored.
• Open the Vault - Disney has been promoting Disney+ as including the entire Disney library.  One question in this regard has been Song of the South, Disney's movie about the Uncle Remus stories set in the Reconstruction era south, which has been in the vault since 1986.  Disney has indicated Song of the South will not be part of the Disney+ offering and rumors have even indicated scenes like the Jim Crow "When I See An Elephant Fly" segment from Dumbo will not be a part of Disney+.    This seems like a missed opportunity.  I would recommend a From the Vault segment where "problematic" material could be contextualized.  This is how the materials were presented on the Disney Treasures DVD line and very similar to the Treasures from the Disney Vault segments on TCM.  Leonard Maltin could explain the material before the short or movie and provide context for the time, the jokes, the actors playing the parts or providing the voices, and in general present the material in a way that made it more clinical.  It would preserve the material for history and allow it to be viewed and critiqued, instead of pretending like it did not happen.  This would be a great section for Disney+ or even Hulu if Disney decided it was too "adult" for Disney+.
• Don't be afraid of some duplication between services - While the goal should be to entice people to have both or all streaming services through bundling packages, a little overlap in the catalogs should be embraced.  For example, Agents of S.H.I.E.L.D. is a Hulu staple after airing on ABC.  It should also definitely be a part of the Marvel Hub on Disney+.  Likewise, could the Cloak & Dagger and Runaways original programming on Hulu move to Disney+ Marvel section after an exclusive period, or even premier on both?  Or will this mean an end to Marvel content on Hulu?
• Continue to utilize key talent in streaming - Disney+'s initial line up presents a lot of impressive talent.  There are four Marvel series that will premier on Disney+ using the talent from the movies.  Likewise, the Lucasfilm section will be starting with two series utilizing talent from the Star Wars movies, continuing that universe.  It even extends behind the camera as well.  Jon Faverau, who played an instrumental role in the early Marvel Universe films will is directing the initial Star Wars series for Disney+, The Mandalorian.  Particularly for these large universes, the streaming programming should be viewed as an extension of the films and part of the negotiation process.
• Let the format fit the story, and not the other way around - With the streaming platform, there are no restrictions on length of an individual offering, number of episodes, etc.  The length of the original programming for Disney+ and Hulu should be tailored to the story.  I think this is understood, as the Marvel programs are starting with 6 episode arcs, but it should be reiterated.
• Don't go too edgy on Hulu just because it is "adult" - While Hulu will be the place for the adult and mature content in the Disney libraries, and it's original programming can be adult, there should never be gratuitous content.  There is the famous story of the HBO executive on Game of Thrones who existed simply to give notes to please the perv audience.  That is the exact opposite of a voice that should be listened to.  Just because you can is never a good motto for storytelling.  Ground the story first and focus on that.  If program should be on Hulu because it will only appeal to adults, but does not include any objectionable content, that's fine.  There is no need to add it.  Likewise, if a program uses language and violence and sex to tell its story, then it should be on Hulu.  Just don't add it where it's not needed.
• Experiment - The greatest thing Disney can do with both platforms is experiment.  This is the place to try new things creatively.  To try out new talent.  To take a chance on oddball content.  Both platforms will need lots of programming to keep people subscribing. And with a built in subscriber base, there is a guaranteed revenue stream to help offset costs.   Disney just needs to be willing to try bold new things here.

I'm looking forward to seeing what the future brings for Hulu under Disney's leadership and I'm very excited to see Disney+ when it is finally rolled out later this year.  This division will be one of the ones to watch in the years to come, as it has the potential to change both film and television in ways we could not imagine now.

Next up in the series - jumping to a new division - Disney Theatrical Group

A Comedian's Comedian

I hadn't intended for the blog to turn into back to back remembrances.  Tim Conway passed away today at the age of 85.   Known for his role on the Carol Burnett Show and the Dorf videos, Conway was perhaps one of the funniest people in America.  He was a comedian's comedian, able to crack eve the most polished professionals.  His commitment to a bit and his ability to elicit a laugh through silence and facial expressions was unparalleled.  And while it is generally not encouraged to make your partners in a scene break character and laugh, he had a knack for making Harvey Korman laugh.  And Carol Burnett.  And Vicki Lawrence.  And Lyle Waggoner.  The audiences ate it up.

If you haven't seen any of his bits, I've included a few of my favorites from the Carol Burnett show below.

The Dentist Sketch:

The Elephant Story:

The Interrogator and the Puppet:


If you have any favorite sketches, I'd love to hear and discover them.

Doris Day

"My public image is unshakably that of America's wholesome virgin, the girl next door, carefree and brimming with happiness.  An image, I can assure you, more make-believe than any film part I ever played.  But I am Miss Chastity Belt, and that's all there is to it."

Doris Day, in "Doris Day: Her Own Story," a 1976 book by A.E. Hotchner based on a series of interviews conducted with Ms. Day

Legendary actress Doris Day passed away today, May 13, 2019.  She was 97.  A celebrated singer and actress, she truly defined an era of film.  She was the biggest female star of the early 1960s and ranked sixth among box-office performers by 2012.  Day received the Grammy Lifetime Achievement Award, a Legend Award from the Society of Singers, was nominated for an Academy Award for Best Actress, and received the Cecil B. Demille Award for lifetime achievement in motion pictures.  In 2004, she was awarded the Presidential Medal of Freedom by President George W. Bush.

In tribute at for that award, President Bush would say, "In the years since, she has kept her fans and shown the breadth of her talent in television and the movies.  She starred on screen with leading men from Jimmy Stewart to Ronald Reagan, from Rock Hudson to James Garner.  It was a good day for America when Doris Mary Ann von Kappelhoff of Evanston, Ohio decided to become an entertainer.  It was a good day for our fellow creatures when she gave her good heart to the cause of animal welfare.  Doris Day is one of the greats, and America will always love its sweetheart."

Through it all, she was known for an image that was never exactly a perfect fit.

"The succession of cheerful, period musicals I made, plus Oscar Levant's highly publicized comment about my virginity ('I knew Doris Day before she became a virgin'), contributed to what has been called my 'image,' which is a word that baffles me.  There never was any intent on my part either in my acting or in my private life to create any such thing as an image."

In perhaps the film she is most well-known for, Pillow Talk, the entire conceit of the film was designed as a way to show an unmarried man and woman in bed while getting around the Motion Picture Production Code.  She portrayed many working women at a time when that went against the norm.  She worked in greater dramatic works like Love Me or Leave Me, The Man Who Knew Too Much with Hitchcock, and Midnight Lace.  Her personal life was even more removed from this image.  Day was married four times, which carried their fair share of heartache.  Her first husband was abusive.  Her third husband's death revealed he had squandered most of her earnings leaving her deeply in debt.

Day retired from film after With Six You Get Eggroll in 1968.  After a short stint in television, she focused primarily on her music and on animal activism.  Day co-founded Actors and Others for Animals in 1971, as well as the Doris Day Pet Foundation (now Doris Day Animal Foundation) in 1978, and the Doris Day Animal League in 1987.  Day actively lobbied for legislation designed to safeguard animal welfare and originated what would become the World Spay Day.

Though reserved and removed from the public life, she had not become a recluse in later life, despite reports to the contrary.  Instead, she found a quiet life she appreciated.  "I've been blessed with good health, great friends, a wonderful career and many precious four-leggers.  I'm very grateful." Day revealed in her last exclusive interview with Closer Weekly, released just after her birthday in April this year.

Through Day's life, we see the kind of positive outlook and attitude that made her signature song so powerful.

Que sera, sera
Whatever will be, will be
The future's not ours to see
Que sera, sera
What will be, will be

We don't know what the future will bring.  We can only hope to face it with half as much grace and fortune as she did.

Mother's Day

Happy Mother's Day, Mom!  Thank you!

One bright and guiding light
That taught me wrong from right
I found in my mother's eyes

Those faithful tales she told
Of streets all paved in gold
I found in my mother's eyes

Just like a wandering sparrow
One lonely soul
I'll walk the straight and narrow
To reach my goal

God's gift sent from above
A real unselfish love
I found in my mother's eyes.

Because It Bears Repeating...

Because there have been 15 school shootings so far in 2019...
Because our most recent mass shooting in Highlands Ranch, Colorado took one life and injured eight others...
Because active shooter drills are now common place in elementary schools...
Because we're teaching kids to run at shooters and then praise them as heroes, but are forgetting to mourn that necessity...
Because we have a generation of kids who view school shootings as just the way things have always been...
Because we still haven't done anything of substance to stop them...
Because chances are, we will still do nothing about this one...
Because I'm tired...

It bears repeating - From a post almost a year ago:

--------------------

I'm tired.  I'm tired of this topic continuing to come up.  I'm tired of us continuing to have the same response - thoughts and prayers, then talking at each other, then a whole lot of nothing, and it's forgotten until we move on to the next one.

When I started this blog, my second post was a repost of a Facebook message on the Second Amendment in response to the Parkland, Florida school shooting.  There have only been 54 days in between these posts.  And here we are again, with a school shooting in Santa Fe, Texas.  And I haven't even touched on all of the school shootings that have occurred.  There have been 5 other school shootings in the interim, just not to the same scope.

We have an addiction to guns in this country that causes us to look at anything else except gun control as a possible solution.  It's far past time we put everything on the table.  We should be looking at mental health care.  We should be looking at bullying.  We should be looking at the family structure.  We should be looking at socio-economic status and mobility.  AND we should be looking at sensible gun control.  We're a big country and pretty good at multi-tasking.  We're more than capable of looking at it all.

But I'm too tired to write anymore on this.  Who knows what good it does at this point.  In lieu of further debate, I'm just going to post facts and let them speak for themselves.

• On an average day, 96 Americans are killed with guns.
• On average, there are nearly 13,000 gun homicides a year in the United States.
• For every one person killed with guns, two more are injured.
• 62% of firearm deaths in the United States are suicides.
• Seven children and teens are killed with guns in the United States on an average day.
• In an average month, 50 women are shot to death by an intimate partner in the United States.
• America's gun homicide rate is more than 25 times the average of other high-income countries.
• The United States accounts for 46% of the population, but 82% of the gun deaths.
• Background checks have blocked over 3 million gun sales to prohibited people.
• Black men are 13 times more likely than white men to be shot and killed with guns.
• The presence of a gun in a domestic violence situation increases the risk of the woman being killed by five times.

https://everytownresearch.org/gun-violence-by-the-numbers/

--------------------

Until it's heard...
Until we stop pretending like it will go away...
Until we do something, anything...
Until we care more about people than things...
Until we listen more to constituents than to special interest groups...

Until the next time...hopefully with a much longer gap in between

Held

"I thought I was called to challenge the atheists, but the atheists ended up challenging me.  I thought God wanted to use me to show gay people how to be straight.  Instead God used gay people to show me how to be Christian."

Rachel Held Evans, 2016

The Christian community is morning the loss of progressive Christian blogger and author Rachel Held Evans, who died Saturday May 4, 2019 at the age of 37.  She died from a severe allergic reaction to antibiotics that had been administered for a combination of the flu and an infection.  She developed seizures, and was put in a medically induced coma, from which she was not able to recover.  Her death has been a shock to her friends and family as well as the many who follow her blog and read her books, and to the broader Christian community as a whole.

In the days following her death, testimonies poured out from across the spiritual spectrum, reflecting on what an impact her ministry had.  And all of it centered on the brutal honesty and truthfulness from which she spoke.  She highlighted the difficulties that exist for a woman in a theological landscape dominated (and often fiercely gatekeepered) by men.  She fought back against the notion that questioning one's theological elders means defying God or "backsliding" into atheism.  She wrote unflinchingly about how hard it can be to trust God, to forgive church leaders, particularly in light of some of the horrific abuses we have heard of, and how to wrestle with Scripture.  Hers was a real and genuine life that reminds us that faith is often messy and complicated.

From her work, we can see a faith that should be more interested in the questions than the answers.  In living in the questions, instead of having to have "the" answer.  A faith that is continually seeking.  That is questioning and not just taking things that are told to you.  That seeks to learn more, to grow more, to understand more.

To become more gracious, more kind, more understanding.  More patient.  More loving.  More merciful.

That opens itself to outsiders.  To the excluded.  To the hurting.  To the broken.  Particularly those that the church has traditionally shunned or ignored.

And her faith wasn't afraid to step outside the bounds that the Christian community has traditionally drawn for itself.  She wrote about being pro-life but voting for Hilary Clinton because she believed the Democratic party created progressive social policies that make health and child care more affordable, contraception more accessible, alleviate poverty and support a living wage, resulting in driving down abortion rates.

She called out churches for trying to make church "cool" to appeal to the new kids.  "For a generation bombarded with advertising and sales pitches, and for whom the charge of 'inauthentic' is as cutting an insult as any, church rebranding efforts can actually backfire, especially when young people sense that there is more emphasis on marketing Jesus than actually following Him."

She was a progressive Christian writer who found her faith again in the traditions of the sacraments and liturgy.  

Somewhat beautifully, her last post before becoming ill was about Ash Wednesday, Lent, and an acceptance of death.  

"It strikes me today as the liturgy of Ash Wednesday teaches something that nearly everyone can agree on.  Whether you are part of a church or not, whether you believe today or your doubt, whether you are a Christian or an atheist or an agnostic or a so-called "none" (whose faith experiences far transcend the limits of that label) you know this truth deep in your bones: "Remember that you are dust and to dust you will return.

Death is a part of life.

My prayer for you this season is that you make time to celebrate that reality, and to grieve that reality, and that you will know you are not alone.

Ashes to ashes, dust to dust."

In a perspective piece in the Washington Post, a colleague noted this as the true arc of Christianity; "that death comes before life, that doubt comes before belief, that the gospel of Jesus comes to us in a world sick with pain, loss, brokenness, and, as we know too well, senseless death."

But we also know the beauty that such darkness gives way to light.  That pain gives way to healing.  That brokenness can lead to repair.  

That the product of our faith is restoration.  So long as we keep seeking, keep questioning, keep learning, keep loving, keep growing and deepening in it.  

I pray her life, her death, and her message remind us of that.

Pay No Attention To the Man Behind the Curtain

No, seriously, there's nothing going on there.  No need to look.  Just trust me, everything's okay.

I'm mean I'm an open book, you can look into anything you want.  Except that over there.  And that to over in that corner.  And I can't even imagine why you would look over here.

You definitely don't want to talk to him.

No, no, I have nothing to hide.  Why would you ask?

...

Sigh.

...

So, here we are with an impending Constitutional crisis.  President Trump has asserted executive privilege over the entire Mueller report to prevent the unredacted version from being shared with Congress.  Coming just hours before the House Judiciary committee voted along party lines to hold Attorney General William P. Barr in contempt of Congress for ignoring a congressional subpoena.

Trump's reasoning - partisan politics.  He's said it before, basically refusing to comply with any subpoenas against his administration.  "We're fighting all the subpoenas.  These aren't, like, impartial people.  The Democrats are trying to win 2020."  So, instead, he's decided to get into a power struggle with Congress to protect himself.

"We have talked for a long time about approaching a constitutional crisis; we are now in a constitutional crisis," House Judiciary Committee Chairman Jerrold Nadler (D-NY) said moments after the contempt vote.  "Now is the time of testing whether we can keep this type of republic, or whether this republic is destined to change into a different, more tyrannical form of government."

This is in addition to Trump refusing to comply with the Congressional Order to remit six years of his tax returns for Congressional review.

And objecting to Robert Mueller testifying before Congress regarding his report and what he believes may be inaccuracies reported in Barr's summary.

All from a man who wrote about the Mueller report "No Collusion, No Obstruction, Complete and Total EXONERATION.  KEEP AMERICA GREAT!"  Methinks he doth protest too much.  I'm guessing we're a little closer to his reaction when he found out that a Special Counsel had been appointed as reported in the Mueller report itself.  "Oh my God.  This is terrible.  This is the end of my Presidency.  I'm fucked."

Here's the thing - it just gets worse from here.  What happens next?

Who bypasses the courts or defies the courts first?

What happens if the President refuses to comply with a court ordered subpoena?

What happens when the nation's Attorney General is found in contempt?  When Barr is taken to civil court to try and force compliance with the subpoena requests?

Likewise for ex-White House counsel like Donald McGahn if he refuses to comply, with Trump already threatening to exert privilege?

Does Congress use an "inherent contempt" authority under the Constitution to fine officials who refuse to cooperate?

This isn't necessarily new.  Executive privilege has been a sticking issue in national scandals like the treason trial of Aaron Burr and the Watergate Scandal. In fact, Chief Justice Warren Burger used the Burr trial to decide that President Nixon had to comply with a subpoena by the special counsel for his taped conversations.  And while the variations have been different, the main idea is that while presidents should be able to keep secrets from Congress in order to do their jobs, that power is not absolute.  That we balance the need for president's to get candid advice and the need for transparency.

"The weakest claims of executive privilege involve administrations attempting to cover up embarrassing or politically inconvenient information, or even outright wrongdoing."  Mark Rozel of George Mason University and Mitchel Sollenberger of the University of Michigan-Dearborn in their study.

I think we're here.

"In this case, the President has claimed some 'protective' executive privilege which is entirely too broad and without any precedent (excepting equally broad claims such as President Nixon's that failed the constitutional standard).  It seems the President believes he can wall off any and all information by merely uttering the words 'executive privilege.'"  Rozell in an email to CNN.

Whatever happens, it's going to be long and it's going to be ugly.  It took a year from the time Nixon refused to release the tapes until the Supreme Court ruled against him.  That would put it at a very inconvenient time in the 2020 election.  It could be worse though.  It was four years from the time Obama made his executive privilege claim regarding Fast and Furious documents before a judge rejected it.  That just got resolved on Wednesday this year.

I think what's most disturbing is that this will continue to be a partisan fight.  When did basic Constitutional provisions like checks and balances become a partisan issue?  Shouldn't we all be concerned about Executive overreach?  Shouldn't we all want greater transparency?

How long can the Republican party continue to defend his actions?  Or has that ship sailed for good?

Welcome to the new normal, I guess.  Another day, another obfuscation. The dance just continues on and on.

If I Were Disney CEO Part 38 - National Geographic Television

"We are perfectly positioned to be part of that portfolio and connect with this curious tribe of people around the world, which is what National Geographic has been all about for about 130 years."

Gary Knell, Nat Geo Partners Chairman

On being part of Disney's Kingdom - "Nobody manages brands better than they do."

The National Geographic Channel launched on Jaunary 12, 2001 as a joint venture of National Geographic Television & Film and Fox Cable Networks.  National Geographic provided programming expertise and the Fox Networks Group provided its expertise on distribution, marketing, and advertising.  The group launched an HD simulcast in January 2006 and a Spanish Channel, Nat Geo Mundo, in 2011. Other sister networks include Nat Geo Wild, launched on March 29, 2010, focusing primarily on wildlife and natural history programming, and Nat Geo People, a rebranded Adventure One (A1), rebranded in 2007, focused on a younger demographic and based around outdoor adventure and travel.

The network dropped the word "Channel" in 2016 to focus just on the very clean branding National Geographic.  As part of the 21st Century Fox acquisition, National Geographic is now part of the Disney family of channels and has been folded in to Walt Disney Television.

Disney has recognized the strength of the National Geographic brand and its natural fit with the Disney company, particularly given Disney's history and Walt's early interests.  National Geographic is being positioned as an initial pillar of Disney+, Disney's streaming service.  And it's from that history and the current plans that my recommendations for this network start.

Primary Goals for the Division:

• Integrate Disneynature - As with the film division, television will need to integrate with Disneynature, Disney's current nature programming division.  Offerings have been films so far, but they must have hours of additional footage.  Current films should be rebranded under National Geographic and all assets of the division should be folded into this brand.
• Promote the Disney Worldwide Conservation Fund - Established by Walt Disney Attractions in 1995 to promote and enable global wildlife conservation through relationships with scientists, educators, and organizations committed to preserving the earth's biodiversity.  It has been a cornerstone of Disney's Animal Kingdom resort.  Annual cash awards are distributed to nonprofit organizations to protect and study endangered and threatened animals and their habitats.  The National Geographic channel would provide a home to continue to promote this worthwhile organization.
• Look Deep into the Libraries - National Geographic, by virtue of being part of the Disney family has access to the Disney and 21st Century Fox libraries.  The network should be looking deep into these libraries.  Should Biography be resurrected?  Or the Disneyland/Wonderful World of Color Adventureland material?  Everything should be on the table.
• Resurrect the True-Life Adventures banner - Disney's True- Life Adventures were Disney's classic nature documentaries.  A little controversial (the lemming film in particular), but those lessons have definitely been learned.  A continuing True Life Adventure program would be a great way of showing the integration.
• Consider offloading one or both of the sister channels - I'm all for focusing on what works and not overwhelming and already crowded market.  If there is a way to streamline and have just the National Geographic channel and the streaming portal on Disney+ that would strengthen both, I'm all for it.  Otherwise, I would look for a way to see if the two sister networks could be combined into one National Geographic, Jr. to continue to branding Disney uses on its channels.
• Broadcast from Disney Animal Kingdom - Disney on its Disney Now app has already been showing Disney animals and streaming bits from the animal care portions of Disney Animal Kingdom.  Again, this would seem a great place to continue that programming, particularly if a National Geographic, Jr. was implemented.
• Broadcast feeds streaming, which feeds broadcast - This has been mentioned before, but it bears repeating.  This is probably the most important component of success for the any television channel going forward.  The connectivity between broadcast and streaming will be key, or broadcast will be replaced by streaming.  National Geographic is already positioned to be a pillar of Disney+.  Presumably there will be a place for unique, premier content on Disney+.  Could a season premier on Disney+ and then be aired on National Geographic at some point later later?  

The above reflects just a few initial thoughts on this new important brand in the Disney portfolio.  I foresee nothing but success with this integration.

Up next in the series - Streaming - Disney+ and Hulu

Top 10 Favorite Marvel Single Issues

As Marvel Week come to an oversized close, I wanted to go out with a bang.  And I couldn't think of a better way to end it than to share my favorite single issues of Marvel comics.  Some of these are done in one stories, some of these are pieces of a larger story, but they all contain something special that keeps me coming back to them time and time again.

And while some of them may make people's lists of the best comics ever, most are just personal favorites.  Comics with a moment or an illustration that really spoke to me.  Most are from my prime era of reading comics, though they run the gamut and are pieces of my favorite runs of all time.

So, without further ado, in order of release, my 10 favorite Marvel single issues of all time.

• Daredevil (1964) #233 - Armageddon - The end of Frank Miller and David Mazzucchulli's masterpiece Born Again.  This is the end of Miller's run and he goes out swinging.  It's Daredevil versus Nuke, a twisted super-soldier, with Hell's Kitchen in flames.  What makes this issue is Miller's use of the Avengers.  Miller's narration to describe the Avengers and their individual roles is perhaps the greatest ever put to paper.  He treats them like the pantheon they represent and it shows.
  
  
  
• Thor (1966) #502 - Putting on the Bear Shirt - Bill Messner Loebs and Mike Deodato Jr. closing out one run of Thor. This comic explores the question regarding what you would do if you knew the world was ending tomorrow.  Thor spends most of the issue trying to evoke a Viking berserker rage, or "putting on the bear shirt."  Instead, he finds his memories from his time exiled as Donald Blake are much more necessary.  A touching issue and a good finale for this run.  Just ignore the awful 90s costume.
  
  
  
• Thunderbolts (1997) #1 - Justice, Like Lightning - Kurt Busiek and Mark Bagley introduce us to a new group of heroes striving to fill in the gap for the missing Avengers and Fantastic Four.  The team had been seen in a couple of cameo appearances but this was their first comic offering.  And it remains one of the best first issues ever put to print.  Busiek's knowledge of the Marvel Universe is put to full use and the twist at the end floors even the most jaded comic readers.
  
  
  
• Black Panther (1998) #2 - Invasion - Christopher Priest and Mark Texeria's run on Black Panther is phenomenal and while I love the first issue, the second issue ratchets everything up several more notches.  The intrigue, the non-linear storytelling, and most importantly the humor.  The scenes with Everett K. Ross, king of the whiteboys, and Mephisto, Marvel's devil in charge, leading to the Devil's Pants bits are hysterical.  Again, if you like Black Panther the movie, everything that made that film sing starts with Priest's Black Panther run.
  
  
  
• Daredevil (1998) #9 - Parts of a Hole Part One, Murdock's Law - David Mack and Joe Quesada's followup to the acclaimed Kevin Smith Guardian Devil run.  With Mack's influence, Quesada's art got even more abstract and I love it.  In particular, there is a page of Murdock at the piano, with the music telling the pieces of his background that is simply stunning.  A visual treat.
  
  
  
• She-Hulk (2004) #4 - Web of Lies - Dan Slott and Juan Bobillo present She-Hulk at a law firm specializing in Superhuman Law.  With this issue, Spider-man sues J. Jonah Jameson for libel and She-Hulk is there as his attorney.  Hijinks ensue with a couple of very well timed jokes.  This series as a whole was just a lot of fun and this issue in particular shines.
  
  
  
• Spectacular Spider-man (2003) #27 - The Final Curtain - A quite issue for Paul Jenkins and Mark Buckingham to close out their time on Spidey.  Their run is a masterclass in character development and emotion and it was really tough to decide between this issue and the Uncle Ben/Mets baseball issue.  This issue is Peter talking to his Uncle Ben at Uncle Ben's grave.  It's funny, it's touching, and it includes a wonderful tribute to Bill Watterson via Killer Snowmen that Uncle Ben and Peter would create.  Simply a fantastic conversation and issue that goes to the core of Spider-man.
  
  
  
• The Thing (2005) #8 - Last Hand - Dan Slott and Kieron Dwyer close out this short run on the Thing with another great character issue.  Alternating between the annual floating poker game and the Thing's Bar Mitzvah, with a little handwaving to explain why he could have one at his advanced age, the story is a perfect Marvel Universe story and an excellent exploration of Ben Grimm.  With the focus on Grimm's Judaism for the first time, Slott ties him ever more directly to his creator, Jack Kirby.
  
  
  
• FF (2010) #23 - Run - Jonathan Hickman's last issue of his magnificent Fantastic Four run.  This issue in the partner book closed out his epic entry.  Deftly penciled by Nick Dragotta, the issue turns the focus back inward, back to the themes of family.  Of childhood and the endless imagination.  And of parenthood and the deepest fear of that process - will they turn out ok? did we do a good job?  Thanks to the endless possibilities of comics, these questions get answered for the FF and start them out on new adventures.  A perfect finale.
  
  
  
• Peter Parker: The Spectacular Spider-man (2017) #310 - Finale - Chip Zdarsky wraps his run on Spider-man, providing the writing and the art for this issue.  Through the lens of a documentary filmmaker and his interviews, Zdarsky gives us insight into how Spider-man is viewed and why he does what he does.  There is one heartbreaking interview that boils down the essence of the character, reminding us at his core, Spider-man does what he does simply because he wants to help.  A perfect summation of "with great power, there must also come great responsibility" without ever uttering the words.
  
  
  

That's my list.  These are the ones that keep me reading.

As always, Excelsior!

* - all cover images (c) Marvel Comics.