Port of Mariel Cuba Has Great Potential for U.S. Business

According to the Wall Street Journal, the new deep-water port at Mariel Cuba on the north shore of the island only 45 km. west of Havana has great potential for the U.S.[1] Below is a map showing where Mairel is located and an aerial photograph of the initial infrastructure for the port.

275px-Mariel_(Cuban_municipal_map)

 

 

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On March 25 officials of 18 U.S. logistics companies completed a trip to Cuba that included observation of operations at the new port. They also met with prospective partners, including ProCuba,, a promoter of foreign trade and investment in Cuba.

The U.S. business officials said this port is an ideal location for cross-docking, or re-sorting and distributing, cargo from large “post-panamax” ships to smaller vessels headed for U.S. ports. That could include ships from Asia with cargo bound for East Coast ports that aren’t equipped to handle the bigger ships.

They also observed that the new agreement for Starwood Hotels and Resorts Worldwide to manage hotels in Havana will start a flow of U.S. goods across the Straits of Florida for the hospitality business. In addition, many U.S. companies are looking to export commodities, frozen foods and consumer goods to Cuba, The Mariel port will also be useful for such shipments.

The port, as discussed in an earlier post, is strategically located along the route of the main maritime transport flows in the western hemisphere. As the largest industrial port in the Caribbean, it will be equipped with state-of-the-art technology to handle cargo from the larger container ships that are beginning to arrive with the new expansion of the Panama Canal. Those larger ships can carry up to 12,500 containers, triple the capacity of the current ships, and the port’s warehouse capacity is 822,000 containers. Here are some photos of the development of this port.

The Mariel project includes highways connecting the port with the rest of the country, a railway network, and communication infrastructure. In the adjacent special zone, currently under construction, there will be productive, trade, agricultural, port, logistical, training, recreational, tourist, real estate, and technological development and innovation activities in installations that include merchandise distribution centers and industrial parks.

The special zone is divided into eight sectors, to be developed in stages. The first involves telecommunications and a modern technology park where pharmaceutical and biotechnology firms will operate. Other sectors include renewable energies, agriculture and food, chemical, construction materials, logistics and rental equipment.

Cuba’s Office of the Special Area Development Mariel (ZEDM) is focused on attracting investors and boosting the infrastructure for the port. It follows a deliberate strategy of promotion, from market research and planning to governing the urban progress. In 2015 it made a promotion to countries, sectors and companies that have potential to settle in the ZEDM and can actively contribute to its development. For Sector A, just west of the Bay of Mariel, eight users have been approved and infrastructure development has proceeded. [2]

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[1] Chao, Logistics Experts See Shipping Hub Potential in Cuba, W.S.J. (Mar. 29, 2016).

[2] Felipe, The ZED Mariel in the focus of investors, Granma (Jan. 13, 2016).

Fidel Castro Challenges President Obama’s Call To Forget the Past 

Fidel Castro
Fidel Castro

On March 28, Fidel Castro published a lengthy commentary on President Obama’s recent trip to Cuba In the Spanish-language original edition of Granma, the official newspaper of the Cuban Communist Party. Here is the complete commentary from Granma’s English translation of those comments followed by my reactions.[1]

Fidel’s Commentary

“The kings of Spain brought us the conquistadores and masters, whose footprints remained in the circular land grants assigned to those searching for gold in the sands of rivers, an abusive and shameful form of exploitation, traces of which can be noted from the air in many places around the country.”

“Tourism today, in large part, consists of viewing the delights of our landscapes and tasting exquisite delicacies from our seas, and is always shared with the private capital of large foreign corporations, whose earnings, if they don’t reach billions of dollars, are not worthy of any attention whatsoever.”

“Since I find myself obliged to mention the issue, I must add – principally for the youth – that few people are aware of the importance of such a condition, in this singular moment of human history. I would not say that time has been lost, but I do not hesitate to affirm that we are not adequately informed, not you, nor us, of the knowledge and conscience that we must have to confront the realities which challenge us. The first to be taken into consideration is that our lives are but a fraction of a historical second, which must also be devoted in part to the vital necessities of every human being. One of the characteristics of this condition is the tendency to overvalue its role, in contrast, on the other hand, with the extraordinary number of persons who embody the loftiest dreams.”

“Nevertheless, no one is good or bad entirely on their own. None of us is designed for the role we must assume in a revolutionary society, although Cubans had the privilege of José Martí’s example. I even ask myself if he needed to die or not in Dos Ríos, when he said, “For me, it’s time,” and charged the Spanish forces entrenched in a solid line of firepower. He did not want to return to the United States, and there was no one who could make him. Someone ripped some pages from his diary. Who bears this treacherous responsibility, undoubtedly the work of an unscrupulous conspirator? Differences between the leaders were well known, but never indiscipline. “Whoever attempts to appropriate Cuba will reap only the dust of its soil drenched in blood, if he does not perish in the struggle,” stated the glorious Black leader Antonio Maceo. Máximo Gómez is likewise recognized as the most disciplined and discreet military chief in our history.”

“Looking at it from another angle, how can we not admire the indignation of Bonifacio Byrne when, from a distant boat returning him to Cuba, he saw another flag alongside that of the single star and declared, “My flag is that which has never been mercenary…” immediately adding one of the most beautiful phrases I have ever heard, “If it is torn to shreds, it will be my flag one day… our dead raising their arms will still be able to defend it!” Nor will I forget the blistering words of Camilo Cienfuegos that night, when, just some tens of meters away, bazookas and machine guns of U.S. origin in the hands of counterrevolutionaries were pointed toward that terrace on which we stood.”

“Obama was born in August of 1961, as he himself explained. More than half a century has transpired since that time.”

“Let us see, however, how our illustrious guest thinks today:”

“I have come here to bury the last remnant of the Cold War in the Americas. I have come here to extend the hand of friendship to the Cuban people,” followed by a deluge of concepts entirely novel for the majority of us:

“We both live in a new world, colonized by Europeans,” the U.S. President continued, “Cuba, like the United States, was built in part by slaves brought here from Africa. Like the United States, the Cuban people can trace their heritage to both slaves and slave-owners.”

“The native populations don’t exist at all in Obama’s mind. Nor does he say that the Revolution swept away racial discrimination, or that pensions and salaries for all Cubans were decreed by it before Mr. Barrack Obama was 10 years old. The hateful, racist bourgeois custom of hiring strongmen to expel Black citizens from recreational centers was swept away by the Cuban Revolution – that which would go down in history for the battle against apartheid that liberated Angola, putting an end to the presence of nuclear weapons on a continent of more than a billion inhabitants. This was not the objective of our solidarity, but rather to help the peoples of Angola, Mozambique, Guinea Bissau and others under the fascist colonial domination of Portugal.”

“In 1961, just one year and three months after the triumph of the Revolution, a mercenary force with armored artillery and infantry, backed by aircraft, trained and accompanied by U.S. warships and aircraft carriers, attacked our country by surprise. Nothing can justify that perfidious attack which cost our country hundreds of losses, including deaths and injuries

As for the pro-yankee assault brigade, no evidence exists anywhere that it was possible to evacuate a single mercenary. Yankee combat planes were presented before the United Nations as the equipment of a Cuban uprising.”

“The military experience and power of this country is very well known. In Africa, they likewise believed that revolutionary Cuba would be easily taken out of the fight. The invasion via southern Angola by racist South African motorized brigades got close to Luanda, the capital in the eastern part of the country. There a struggle began which went on for no less than 15 years. I wouldn’t even talk about this, if I didn’t have the elemental duty to respond to Obama’s speech in Havana’s Alicia Alonso Grand Theater.

Nor will I attempt to give details, only emphasize that an honorable chapter in the struggle for human liberation was written there. In a certain way, I hoped Obama’s behavior would be correct. His humble origin and natural intelligence were evident. Mandela was imprisoned for life and had become a giant in the struggle for human dignity. One day, a copy of a book narrating part of Mandela’s life reached my hands, and – surprise! – the prologue was by Barack Obama. I rapidly skimmed the pages. The miniscule size of Mandela’s handwriting noting facts was incredible. Knowing men such as him was worthwhile.”

?Regarding the episode in South Africa I must point out another experience. I was really interested in learning more about how the South Africans had acquired nuclear weapons. I only had very precise information that there were no more than 10 or 12 bombs. A reliable source was the professor and researcher Piero Gleijeses, who had written the text Conflicting Missions: Havana, Washington, and Africa, 1959-1976, an excellent piece. I knew he was the most reliable source on what had happened and I told him so; he responded that he had not spoken more about the matter as in the text he had responded to questions from compañero Jorge Risquet, who had been Cuban ambassador and collaborator in Angola, a very good friend of his. I located Risquet; already undertaking other important tasks he was finishing a course which would last several weeks longer. That task coincided with a fairly recent visit by Piero to our country; I had warned him that Risquet was getting on and his health was not great. A few days later what I had feared occurred. Risquet deteriorated and died. When Piero arrived there was nothing to do except make promises, but I had already received information related to the weapons and the assistance that racist South Africa had received from Reagan and Israel.”

‘I do not know what Obama would have to say about this story now. I am unaware as to what he did or did not know, although it is very unlikely that he knew absolutely nothing. My modest suggestion is that he gives it thought and does not attempt now to elaborate theories on Cuban policy.’

“T’here is an important issue:’

‘Obama made a speech in which he uses the most sweetened words to express: “It is time, now, to forget the past, leave the past behind, let us look to the future together, a future of hope. And it won’t be easy, there will be challenges and we must give it time; but my stay here gives me more hope in what we can do together as friends, as family, as neighbors, together.”’

‘I suppose all of us were at risk of a heart attack upon hearing these words from the President of the United States. After a ruthless blockade that has lasted almost 60 years, and what about those who have died in the mercenary attacks on Cuban ships and ports, an airliner full of passengers blown up in midair, mercenary invasions, multiple acts of violence and coercion?’

‘Nobody should be under the illusion that the people of this dignified and selfless country will renounce the glory, the rights, or the spiritual wealth they have gained with the development of education, science and culture.’

‘I also warn that we are capable of producing the food and material riches we need with the efforts and intelligence of our people. We do not need the empire to give us anything. Our efforts will be legal and peaceful, as this is our commitment to peace.”

Reactions to Fidel’s Commentary

Castro criticizes the U.S. support for the invasion of Cuba at the Bay of Pigs in 1961 and other actions against Cuba. But Obama in his speech mentioned some of these actions and implicitly apologized for them by saying, “I have come here to bury the last remnant of the Cold War in the Americas.”

Another assertion by Fidel was the Cuban “Revolution swept away racial discrimination” and Obama failed to recognize that accomplishment. Yes, it is true that Obama did not make such a statement, and instead said that both countries need “to reduce discrimination based on race in our own countries.” Moreover, as a prior post noted, many believe that Cuba still faced problems of racial bias despite the Revolution’s accomplishments on the issue.

Fidel also had a lot to say about Cuba’s involvement in helping the Angolans to combat South African apartheid regime and Obama’s failure to acknowledge those efforts. Yes, Obama did not discuss those issues, but his purpose was not to discuss everything that Cuba has done. Obama, however, did commend Cuba for “the service that thousands of Cuban doctors have delivered for the poor and suffering” around the world, including their work “to save lives and stamp out Ebola in West Africa” while working “side-by-side” with the U.S. health-care workers and military.

More generally Fidel seems upset with Obama’s “sweetened words to leave the past behind” and “to look forward to the future together” and thereby ignore the accomplishments of the Cuban Revolution. But Obama did acknowledge respect for Cuba’s ”sovereignty” and “self-determination” and “system of education that values every boy and girl” as well as “the talent, hard work, and pride of the Cuban people.” Obama also respectfully raised up Cuban artists (Celia Cruz, Gloria Estefan), food (ropa vieja), dance (Cha-cha-Cha and Salsa), customs (patriotism, sense of pride, love of family and passion for their children) and religion (Lady of Charity).

Other comments by Fidel, in my opinion, are snipings about “large foreign corporations” obtaining some of the profits from increased tourism in Cuba and about his country’s alleged ability “of producing the food and material riches we need with the efforts and intelligence of our people” and not needing “the empire to give us anything.” Yet increased tourism has exacerbated shortages of food and increased prices for food to the detriment of ordinary Cubans.

Overall Fidel’s commentary sounds like the angry ramblings of an old man who is upset that he apparently is being excluded from important events in his country and that Obama reportedly refused to schedule a meeting with him.

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[1] Fidel Castro, Brother Obama, Granma (Mar. 28, 2016); Assoc. Press, Fidel Castro to Obama: We Don’t Need Your ‘Presents,’ N.Y. Times (Mar. 28, 2016);  Reuters, Cuba’s Fidel Castro Slams Obama Following Historic Visit, N.Y. Times (Mar. 28, 2016). Obama’s speech and the reactions to the speech were subjects of prior posts.

 

 

 

 

 

President Obama’s Eloquent Speech to the Cuban People

On March 22, U,s, President Barack Obama addressed the past and future of U.S.-Cuba relations in a lengthy and eloquent speech at Havana’s Alicia Alonso Grand Theater. The in-person audience of 1,000 included Cuban President Raúl Castro and other officials and U.S. officials and business people. By live television, the audience also included the Cuban people. {1]  Below are photographs of the exterior of the Theater and of President Castro and other Cuban officials in a balcony at the Theater for the speech.

Theater exterior

Castro + @ speech

 

 

 

 

Here we will examine the speech itself, and a subsequent post will look at the reactions to the speech in Cuba and the U.S.

Summary of the Speech

Obama recognized that the two countries shared many things, including being colonized by Europeans and helped by slaves from Africa as well as patriotism and pride, love of family and hope for our children.

The last 50 years, however, have caused many disruptions in our countries’ connections. We are like two brothers who have been estranged for years even as we share the same blood.

The December 17, 2014, joint announcement of our two governments seeking restoration of normal relations was prompted by the U.S. recognition that its policies, including the embargo, were not working and needed to change and that the U.S. needed to help the Cuban people. Obama was in Cuba to end the last remnant of the Cold War and to declare that Cuba need not fear the U.S.

Even though the U.S. was not seeking to force change on Cuba, Obama stated that there were important universal rights that were as important for Cubans as they were for U.S. citizens: equality before the law; right to education, food and housing; freedom from arbitrary arrests; rights to practice their religious faith, assemble, organize, protest peacefully, criticize the government and elect their government leaders. Here is a photograph of President Obama giving the speech.

Obama speech

Text of the Speech

Here then is the actual text of his speech with an opening quotation from a poem by Cuba’s revered national poet, Jose Marti, that offered friendship and peace to both his friend and his enemy, “’Cultivo una rosa blanca’ [I plant a white rose]. Today, as the President of the United States of America, I offer the Cuban people el saludo de paz [the greeting of peace].”

“Havana is only 90 miles from Florida, but to get here we had to travel a great distance — over barriers of history and ideology; barriers of pain and separation.  The blue waters beneath Air Force One once carried American battleships to this island — to liberate, but also to exert control over Cuba.  Those waters also carried generations of Cuban revolutionaries to the United States, where they built support for their cause.  And that short distance has been crossed by hundreds of thousands of Cuban exiles — on planes and makeshift rafts — who came to America in pursuit of freedom and opportunity, sometimes leaving behind everything they owned and every person that they loved.”

“Like so many people in both of our countries, my lifetime has spanned a time of isolation between us.  The Cuban Revolution took place the same year that my father came to the United States from Kenya.  The Bay of Pigs took place the year that I was born. The next year, the entire world held its breath, watching our two countries, as humanity came as close as we ever have to the horror of nuclear war.  As the decades rolled by, our governments settled into a seemingly endless confrontation, fighting battles through proxies.  In a world that remade itself time and again, one constant was the conflict between the United States and Cuba.”

“I have come here to bury the last remnant of the Cold War in the Americas. I have come here to extend the hand of friendship to the Cuban people.”

“I want to be clear:  The differences between our governments over these many years are real and they are important.  I’m sure President Castro would say the same thing — I know, because I’ve heard him address those differences at length.  But before I discuss those issues, we also need to recognize how much we share.  Because in many ways, the United States and Cuba are like two brothers who’ve been estranged for many years, even as we share the same blood.”

“We both live in a new world, colonized by Europeans.  Cuba, like the United States, was built in part by slaves brought here from Africa.  Like the United States, the Cuban people can trace their heritage to both slaves and slave-owners.  We’ve welcomed both immigrants who came a great distance to start new lives in the Americas.”

“Over the years, our cultures have blended together. Dr. Carlos Finlay’s work in Cuba paved the way for generations of doctors, including Walter Reed, who drew on Dr. Finlay’s work to help combat Yellow Fever.  Just as Marti wrote some of his most famous words in New York, Ernest Hemingway made a home in Cuba, and found inspiration in the waters of these shores.  We share a national past-time — La Pelota [baseball]– and later today our players will compete on the same Havana field that Jackie Robinson played on before he made his Major League debut. And it’s said that our greatest boxer, Muhammad Ali, once paid tribute to a Cuban that he could never fight — saying that he would only be able to reach a draw with the great Cuban, Teofilo Stevenson.”

“So even as our governments became adversaries, our people continued to share these common passions, particularly as so many Cubans came to America.  In Miami or Havana, you can find places to dance the Cha-Cha-Cha or the Salsa, and eat ropa vieja [shredded pork or beef].  People in both of our countries have sung along with Celia Cruz or Gloria Estefan, and now listen to reggaeton or Pitbull. Millions of our people share a common religion — a faith that I paid tribute to at the Shrine of our Lady of Charity in Miami, a peace that Cubans find in La Cachita.”

“For all of our differences, the Cuban and American people share common values in their own lives.  A sense of patriotism and a sense of pride — a lot of pride.  A profound love of family.  A passion for our children, a commitment to their education.  And that’s why I believe our grandchildren will look back on this period of isolation as an aberration, as just one chapter in a longer story of family and of friendship.”

“But we cannot, and should not, ignore the very real differences that we have — about how we organize our governments, our economies, and our societies.  Cuba has a one-party system; the United States is a multi-party democracy.  Cuba has a socialist economic model; the United States is an open market.  Cuba has emphasized the role and rights of the state; the United States is founded upon the rights of the individual.”

“Despite these differences, on December 17th 2014, President Castro and I announced that the United States and Cuba would begin a process to normalize relations between our countries. Since then, we have established diplomatic relations and opened embassies.  We’ve begun initiatives to cooperate on health and agriculture, education and law enforcement.  We’ve reached agreements to restore direct flights and mail service.  We’ve expanded commercial ties, and increased the capacity of Americans to travel and do business in Cuba.”

“And these changes have been welcomed, even though there are still opponents to these policies.  But still, many people on both sides of this debate have asked:  Why now?  Why now?”

“There is one simple answer:  What the United States was doing was not working.  We have to have the courage to acknowledge that truth.  A policy of isolation designed for the Cold War made little sense in the 21st century.  The embargo was only hurting the Cuban people instead of helping them.  And I’ve always believed in what Martin Luther King, Jr. called ‘the fierce urgency of now’ — we should not fear change, we should embrace it.”

“That leads me to a bigger and more important reason for these changes:  Creo en el pueblo Cubano.  I believe in the Cuban people. This is not just a policy of normalizing relations with the Cuban government.  The United States of America is normalizing relations with the Cuban people.”

“And today, I want to share with you my vision of what our future can be.  I want the Cuban people — especially the young people — to understand why I believe that you should look to the future with hope; not the false promise which insists that things are better than they really are, or the blind optimism that says all your problems can go away tomorrow.  Hope that is rooted in the future that you can choose and that you can shape, and that you can build for your country.”

“I’m hopeful because I believe that the Cuban people are as innovative as any people in the world.”

“In a global economy, powered by ideas and information, a country’s greatest asset is its people.  In the United States, we have a clear monument to what the Cuban people can build: it’s called Miami.  Here in Havana, we see that same talent in cuentapropistas [self-employed workers], cooperatives and old cars that still run.  El Cubano inventa del aire. [Cubans invented the air.]”

“Cuba has an extraordinary resource — a system of education which values every boy and every girl. And in recent years, the Cuban government has begun to open up to the world, and to open up more space for that talent to thrive.  In just a few years, we’ve seen how cuentapropistas  can succeed while sustaining a distinctly Cuban spirit.  Being self-employed is not about becoming more like America, it’s about being yourself.”

“Look at Sandra Lidice Aldama, who chose to start a small business.  Cubans, she said, can ‘innovate and adapt without losing our identity…our secret is in not copying or imitating but simply being ourselves.’”

“Look at Papito Valladeres, a barber, whose success allowed him to improve conditions in his neighborhood.  ‘I realize I’m not going to solve all of the world’s problems,’ he said.  ‘But if I can solve problems in the little piece of the world where I live, it can ripple across Havana.’”

“That’s where hope begins — with the ability to earn your own living, and to build something you can be proud of.  That’s why our policies focus on supporting Cubans, instead of hurting them.  That’s why we got rid of limits on remittances — so ordinary Cubans have more resources.  That’s why we’re encouraging travel — which will build bridges between our people, and bring more revenue to those Cuban small businesses. That’s why we’ve opened up space for commerce and exchanges — so that Americans and Cubans can work together to find cures for diseases, and create jobs, and open the door to more opportunity for the Cuban people.”

“As President of the United States, I’ve called on our Congress to lift the embargo. It is an outdated burden on the Cuban people.  It’s a burden on the Americans who want to work and do business or invest here in Cuba.  It’s time to lift the embargo.  But even if we lifted the embargo tomorrow, Cubans would not realize their potential without continued change here in Cuba. It should be easier to open a business here in Cuba.  A worker should be able to get a job directly with companies who invest here in Cuba.  Two currencies shouldn’t separate the type of salaries that Cubans can earn.  The Internet should be available across the island, so that Cubans can connect to the wider world and to one of the greatest engines of growth in human history.”

“There’s no limitation from the United States on the ability of Cuba to take these steps.  It’s up to you.  And I can tell you as a friend that sustainable prosperity in the 21st century depends upon education, health care, and environmental protection.  But it also depends on the free and open exchange of ideas.  If you can’t access information online, if you cannot be exposed to different points of view, you will not reach your full potential.  And over time, the youth will lose hope.”

“I know these issues are sensitive, especially coming from an American President.  Before 1959, some Americans saw Cuba as something to exploit, ignored poverty, enabled corruption. And since 1959, we’ve been shadow-boxers in this battle of geopolitics and personalities. I know the history, but I refuse to be trapped by it.”

“I’ve made it clear that the United States has neither the capacity, nor the intention to impose change on Cuba.  What changes come will depend upon the Cuban people.  We will not impose our political or economic system on you.  We recognize that every country, every people, must chart its own course and shape its own model.  But having removed the shadow of history from our relationship, I must speak honestly about the things that I believe — the things that we, as Americans, believe.  As Marti said, ‘Liberty is the right of every man to be honest, to think and to speak without hypocrisy.’”

“So let me tell you what I believe.  I can’t force you to agree, but you should know what I think.  I believe that every person should be equal under the law. Every child deserves the dignity that comes with education, and health care and food on the table and a roof over their heads. I believe citizens should be free to speak their mind without fear, to organize, and to criticize their government, and to protest peacefully, and that the rule of law should not include arbitrary detentions of people who exercise those rights. I believe that every person should have the freedom to practice their faith peacefully and publicly. And, yes, I believe voters should be able to choose their governments in free and democratic elections.”

“Not everybody agrees with me on this.  Not everybody agrees with the American people on this.  But I believe those human rights are universal. I believe they are the rights of the American people, the Cuban people, and people around the world.”

“Now, there’s no secret that our governments disagree on many of these issues.  I’ve had frank conversations with President Castro.  For many years, he has pointed out the flaws in the American system — economic inequality; the death penalty; racial discrimination; wars abroad.  That’s just a sample.  He has a much longer list. But here’s what the Cuban people need to understand:  I welcome this open debate and dialogue. It’s good.  It’s healthy.  I’m not afraid of it.”

“We do have too much money in American politics.  But, in America, it’s still possible for somebody like me — a child who was raised by a single mom, a child of mixed race who did not have a lot of money — to pursue and achieve the highest office in the land.  That’s what’s possible in America.”

“We do have challenges with racial bias — in our communities, in our criminal justice system, in our society — the legacy of slavery and segregation.  But the fact that we have open debates within America’s own democracy is what allows us to get better.  In 1959, the year that my father moved to America, it was illegal for him to marry my mother, who was white, in many American states.  When I first started school, we were still struggling to desegregate schools across the American South.  But people organized; they protested; they debated these issues; they challenged government officials.  And because of those protests, and because of those debates, and because of popular mobilization, I’m able to stand here today as an African-American and as President of the United States.  That was because of the freedoms that were afforded in the United States that we were able to bring about change.”

“I’m not saying this is easy. There’s still enormous problems in our society.  But democracy is the way that we solve them.  That’s how we got health care for more of our people.  That’s how we made enormous gains in women’s rights and gay rights.  That’s how we address the inequality that concentrates so much wealth at the top of our society.  Because workers can organize and ordinary people have a voice, American democracy has given our people the opportunity to pursue their dreams and enjoy a high standard of living.”

“Now, there are still some tough fights.  It isn’t always pretty, the process of democracy.   It’s often frustrating.  You can see that in the election going on back home.  But just stop and consider this fact about the American campaign that’s taking place right now.  You had two Cuban Americans in the Republican Party, running against the legacy of a black man who is President, while arguing that they’re the best person to beat the Democratic nominee who will either be a woman or a Democratic Socialist. Who would have believed that back in 1959?  That’s a measure of our progress as a democracy.”

“So here’s my message to the Cuban government and the Cuban people:  The ideals that are the starting point for every revolution — America’s revolution, Cuba’s revolution, the liberation movements around the world — those ideals find their truest expression, I believe, in democracy.  Not because American democracy is perfect, but precisely because we’re not.  And we — like every country — need the space that democracy gives us to change.  It gives individuals the capacity to be catalysts to think in new ways, and to reimagine how our society should be, and to make them better.”

“There’s already an evolution taking place inside of Cuba, a generational change.  Many suggested that I come here and ask the people of Cuba to tear something down — but I’m appealing to the young people of Cuba who will lift something up, build something new.  El futuro  de Cuba tiene que estar en las manos del pueblo Cubano. [The future of Cuba must be in the hands of the Cuban people.]”

English “And to President Castro — who I appreciate being here today — I want you to know, I believe my visit here demonstrates you do not need to fear a threat from the United States.  And given your commitment to Cuba’s sovereignty and self-determination, I am also confident that you need not fear the different voices of the Cuban people — and their capacity to speak, and assemble, and vote for their leaders.  In fact, I’m hopeful for the future because I trust that the Cuban people will make the right decisions.”

“And as you do, I’m also confident that Cuba can continue to play an important role in the hemisphere and around the globe — and my hope is, is that you can do so as a partner with the United States.”

“We’ve played very different roles in the world.  But no one should deny the service that thousands of Cuban doctors have delivered for the poor and suffering. Last year, American health care workers — and the U.S. military — worked side-by-side with Cubans to save lives and stamp out Ebola in West Africa.  I believe that we should continue that kind of cooperation in other countries.”

“We’ve been on the different side of so many conflicts in the Americas.  But today, Americans and Cubans are sitting together at the negotiating table, and we are helping the Colombian people resolve a civil war that’s dragged on for decades. That kind of cooperation is good for everybody.  It gives everyone in this hemisphere hope.”

“We took different journeys to our support for the people of South Africa in ending apartheid.  But President Castro and I could both be there in Johannesburg to pay tribute to the legacy of the great Nelson Mandela. And in examining his life and his words, I’m sure we both realize we have more work to do to promote equality in our own countries — to reduce discrimination based on race in our own countries.  And in Cuba, we want our engagement to help lift up the Cubans who are of African descent, who’ve proven that there’s nothing they cannot achieve when given the chance.”

“We’ve been a part of different blocs of nations in the hemisphere, and we will continue to have profound differences about how to promote peace, security, opportunity, and human rights.  But as we normalize our relations, I believe it can help foster a greater sense of unity in the Americas — todos somos Americanos [we are all Americans].”

“From the beginning of my time in office, I’ve urged the people of the Americas to leave behind the ideological battles of the past.  We are in a new era.  I know that many of the issues that I’ve talked about lack the drama of the past.  And I know that part of Cuba’s identity is its pride in being a small island nation that could stand up for its rights, and shake the world. But I also know that Cuba will always stand out because of the talent, hard work, and pride of the Cuban people.  That’s your strength. Cuba doesn’t have to be defined by being against the United States, any more than the United States should be defined by being against Cuba.  I’m hopeful for the future because of the reconciliation that’s taking place among the Cuban people.”

“I know that for some Cubans on the island, there may be a sense that those who left somehow supported the old order in Cuba.  I’m sure there’s a narrative that lingers here which suggests that Cuban exiles ignored the problems of pre-Revolutionary Cuba, and rejected the struggle to build a new future.  But I can tell you today that so many Cuban exiles carry a memory of painful — and sometimes violent — separation.  They love Cuba.  A part of them still considers this their true home. That’s why their passion is so strong.  That’s why their heartache is so great.  And for the Cuban-American community that I’ve come to know and respect, this is not just about politics. This is about family — the memory of a home that was lost; the desire to rebuild a broken bond; the hope for a better future the hope for return and reconciliation.”

“For all of the politics, people are people, and Cubans are Cubans.  And I’ve come here — I’ve traveled this distance — on a bridge that was built by Cubans on both sides of the Florida Straits.  I first got to know the talent and passion of the Cuban people in America.  And I know how they have suffered more than the pain of exile — they also know what it’s like to be an outsider, and to struggle, and to work harder to make sure their children can reach higher in America.”

“So the reconciliation of the Cuban people — the children and grandchildren of revolution, and the children and grandchildren of exile — that is fundamental to Cuba’s future.”

“You see it in Gloria Gonzalez, who traveled here in 2013 for the first time after 61 years of separation, and was met by her sister, Llorca.  ‘You recognized me, but I didn’t recognize you,’ Gloria said after she embraced her sibling.  Imagine that, after 61 years.”

“You see it in Melinda Lopez, who came to her family’s old home.  And as she was walking the streets, an elderly woman recognized her as her mother’s daughter, and began to cry.  She took her into her home and showed her a pile of photos that included Melinda’s baby picture, which her mother had sent 50 years ago.  Melinda later said, ‘So many of us are now getting so much back.’”

“You see it in Cristian Miguel Soler, a young man who became the first of his family to travel here after 50 years.  And meeting relatives for the first time, he said, ‘I realized that family is family no matter the distance between us.’”

“Sometimes the most important changes start in small places. The tides of history can leave people in conflict and exile and poverty.  It takes time for those circumstances to change.  But the recognition of a common humanity, the reconciliation of people bound by blood and a belief in one another — that’s where progress begins.  Understanding, and listening, and forgiveness. And if the Cuban people face the future together, it will be more likely that the young people of today will be able to live with dignity and achieve their dreams right here in Cuba.”

“The history of the United States and Cuba encompass revolution and conflict; struggle and sacrifice; retribution and, now, reconciliation.  It is time, now, for us to leave the past behind.  It is time for us to look forward to the future together — un future de esperanza [a future of hope].  And it won’t be easy, and there will be setbacks.  It will take time.  But my time here in Cuba renews my hope and my confidence in what the Cuban people will do.  We can make this journey as friends, and as neighbors, and as family — together.  Si se puede.  Muchas gracias. [Yes we can. Many thanks.]”

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[1] White House, Remarks by President Obama to the People of Cuba (March 22, 2016); Agence France-Press, President’s Full Speech in Cuba, N.Y. times (Mar. 22, 2016) (complete video of speech); Davis, Obama in Havana Speech, Says Cuba Has Nothing To Fear from U.S., N.Y. Times (Mar. 22, 2016); Reuters, Obama Challenges Communist-Led Cuba With Call for Democracy, N.Y. Times (Mar. 22, 2016); Assoc. Press, In Cuba, Obama Calls for Burying ‘Last Remnant of Cold War,’ N.Y. Times (Mar. 22, 2016); Eliperin & DeYoung, Obama addresses the Cuban nation: “It is time now for us to leave the past behind,’ Wash. Post (Mar. 22, 2016).

 

 

 

 

 

 

 

 

 

Conference on “Prospects for United States Cuba Normalization, Commerce and Investment”

On February 18, 2016, the Cuba Consortium hosted its first annual Washington Conference: “Prospects for United-States Cuba Normalization, Commerce and Investment.” [1]

The speakers at the Conference included Penny Pritzker, U.S. Secretary of Commerce; Rodrigo Malmierca, Cuban Minister of Foreign Trade and Investment; Tom Vilsack, U.S. Secretary of Agriculture; Benjamin Rhodes, Assistant to the President and Deputy National Security Advisor for Strategic Communications and Speechwriting; and Andrea Gacki, Assistant Director, Compliance and Enforcement, Office of Foreign Asset Control, U.S. Department of Treasury. Here is a summary of their remarks.

Secretary Pritzker

Secretary Pritzker
Secretary Pritzker

In her speech, Pritzker said that she and the U.S. delegation on their visit to Cuba last October learned more about how the Cuban economy works, including the rules and regulations that govern the import, export, and distribution of goods across the island. This information helped to guide the most recent (January 2016) U.S. regulatory changes regarding Cuba.

Those new U.S. regulations created a general policy of approval of exports for purposes such as: disaster preparedness and relief, education, agricultural production, artistic endeavors, food processing, public transportation, Cuban civil society, enhanced communications on the island, and civil aviation safety.

Those new regulations also provided that the Commerce Department’s Bureau of Industry and Security will now review on a case-by-case basis proposed exports from U.S. companies to Cuban state-owned enterprises and government entities to determine if the export will meet the needs of the Cuban people. We had learned in our visit that in Cuba – as in many of our other trading partners around the world – it is necessary to work with state-owned enterprises in order to support the local private sector.

The corresponding new regulations from the U.S. Department of the Treasury permit financing for most authorized exports and travel authorizations.

In sum, whether environmental goods, telecommunications equipment, or products that private sector entrepreneurs need, the U.S. government’s regulatory changes permit a wide variety of trade and commercial activities.

However, if the U.S. is to truly maximize the benefits of our regulatory changes for the Cuban people, the Cuban government needs to make it easier for Cuban citizens to start their own businesses, purchase goods through wholesale markets, engage in external trade, secure credit, and access information online. These steps include making Cuban economic and business regulations publicly available; providing clear public guidance on the relevant government units and officials that are empowered to make decisions on potential transactions; and authorizing Cuban imports of U.S. products that are now allowed by U.S. regulations.

The bilateral civil aviation agreement signed on February 16 is an example of what we have accomplished together.

“The U.S. embargo continues to be a roadblock to increasing engagement between our countries. As President Obama reaffirmed during his State of the Union address, our Administration strongly supports lifting the embargo, and we will continue to call on Congress to repeal it immediately.”

Minister Malmierca

Minister Malmierca
Minister Malmierca

Malmierca asserted that President Obama has the legal authority to adopt additional regulations that would permit Cuba to use the U.S. Dollar in international financial transactions, authorize Cuban exports to the U.S. and allow U.S. companies to invest in other Cuban sectors besides telecommunications.

The U.S. regulatory changes to date are positive, but they are not enough. For example, he said, since the December 2014 joint U.S.-Cuba announcement of normalization, six financial institutions have been fined nearly two billion dollars for trading with Cuba. These fines and the ban on the use of the U.S. Dollar have had serious negative effects on Cuba.

The previous day (February 17), Malmierca led a Cuban delegation at a meeting with Secretary Pritzker and other officials of the U.S. Department of Commerce. [2] On that occasion he made many of the same points just mentioned. He also pointed out that Cuba does not apply any coercive measures against U.S. companies or businesspeople and, in fact, welcomes them to do business on the island.

At that prior meeting in response to a question by Secretary Pritzker, Malmierca said that the next meeting of the Congress of the Communist Party of Cuba will seek to define the priority economic sectors for long-term development. “The most complex issue is that Cuba wants all these changes to be implemented without affecting the population; we do not want to apply shock measures or measures that may have a negative effect.”

This upcoming Congress will address the role of the market in the Cuban economy and the role of foreign investment in its economic development. This will seek to further consolidate changes adopted by Cuba before December 17, 2014, which are irreversible. “All the measures we are adopting, and which were sovereignly chosen long before December 17, 2014, . . . will also contribute to making the decisions we are making together more feasible,” he concluded.

Secretary Vilsack

Secretary Vilsack
Secretary Vilsack

Secretary Vilsack also criticized the U.S. embargo (blockade), noting that it restricts opportunities for trade between Cuba and the U.S. One area of such negative impact was the U.S. helping Cuba’s organic and urban farming practices.

The U.S. Agriculture Department is looking to identify business opportunities through a fund to which several U.S. agricultural companies voluntarily contribute. This fund, however, cannot use federal resources to explore business opportunities with the island, as is common practice, thus obstructing U.S. companies’ access to the Cuban market.

Although a U.S. law in 2000 authorized sales of agricultural products to Cuba, it required Cuba to pay in cash in advance, which has had a severe negative impact on such U.S. exports.

Associate Director Gacki

Associate Director Gacki
Associate Director Gacki

Gacki was unable to identify the specific law which prohibits Cuba’s use of the U.S. Dollar in international transactions, but said the Treasury Department currently was investigating whether there were other executive measures President Obama could adopt to reduce the adverse impacts on Cuba of restrictions on its use of the U.S. Dollar.

Assistant to the President Rhodes

Assistant to President Rhodes
Assistant to President Rhodes

Rhodes confirmed that Obama still has broad executive powers to make further and more substantial modifications to the U.S. embargo (blockade) policy.

Rhodes said that while the embargo policy may have had relevance in the past, the island is changing as are opinions of some Cuban-Americans. In addition, the increased numbers of Americans visiting Cuba are seeing why the embargo should be ended.

The Obama Administration, he added, is reviewing other potential regulatory changes that could be made within the existing legal framework.Thus, he believed it is possible to do more before the end of this administration to generate the necessary momentum to definitively end the embargo.

Conference Background

The Cuba Consortium is an assembly of companies, non-profit organizations, investors, academics, and entrepreneurs organized to track and examine the normalization process in both countries and to inform and prepare its members for opportunities to engage Cuba. They are complemented by foreign policy, political, economic, international development, legal, and cultural experts who have specialized knowledge of the diplomacy, politics, and economics of the normalization process.

The Consortium’s Advisory Board is co-chaired by Senators Nancy Kassebaum Baker and Tom Daschle and includes Dr. Michael Adams, Lon Augustenborg, Richard Blum, Sheila Burke, Tomas Diaz de la Rubia, Senator Byron Dorgan, Rodney Ferguson, Senator Bill Frist, Dr. Helene Gayle, Maurice Greenberg, Senator Bob Kerrey, Linda Klein, Fred Malek, Janet Napolitano, Thomas Ross, Senator Olympia Snowe, The Honorable Ellen Tauscher, Bill Weldon, and Rob Wilder.

The Consortium was organized by the Howard Baker Forum, which was founded by former Senator Howard Baker to provide a platform for examining specific, immediate, critical issues affecting the nation’s progress at home and its relations abroad under a philosophy of reasoned consensus, founded upon an agreed set of facts.

Conclusion

The Consortium and its conference join the U.S. Agricultural Coalition for Cuba and Engage Cuba as important bipartisan U.S. efforts to promote U.S.-Cuba reconciliation. I applaud all of their efforts.

On the same day of this conference, the White House announced that President Obama and Michelle Obama will be visiting Cuba on March 21 and 22. The White House Press Secretary said, “In Cuba, the President will work to build on the progress we have made toward normalization of relations with Cuba – advancing commercial and people-to-people ties that can improve the well-being of the Cuban people, and expressing our support for human rights. In addition to holding a bilateral meeting with Cuban President Raul Castro, President Obama will engage with members of civil society, entrepreneurs and Cubans from different walks of life.”

The previously mentioned Benjamin Rhodes also issued a similar statement that also reviewed the various steps towards normalization since December 17, 2014.

Before President Obama’s trip, I anticipate and hope that the U.S. will announce additional steps in the process of normalization, including:

  • issue new regulations allowing or expanding Cuba’s ability to use the U.S. Dollar in international transactions, authorize Cuban exports to the U.S. and allow U.S. companies to invest in other Cuban sectors besides telecommunications;
  • announce the ending of special U.S. immigration benefits for Cubans, including the policy of allowing entry without visas into the U.S. of Cubans arriving by land (the dry feet policy); and
  • announce further steps in the process of resolving U.S. claims against Cuba for expropriation of property owned by U.S. persons without compensation.

In addition, it is hoped that before President Obama’s trip Cuba will make Cuban economic and business regulations publicly available; provide clear public guidance on the relevant government units and officials that are empowered to make decisions on potential transactions; and authorize Cuban imports of U.S. products that are now allowed by U.S. regulations. In addition, some improvement in Cuban human rights would be helpful, an objective apparently to be pursued in Havana next week by Secretary of State John Kerry. ==========================================

[1] Gomez, Rapprochement moving forward, Granma (Feb. 22, 2016). Amazingly a 2/23/16 Google search of “Cuba Consortium” did not reveal any U.S. media coverage of this Conference. Secretary Pritzker’s speech was on the website of the U.S. Treasury Department.

[2] Gomez, Malmierca: Obama has support to continue dismantling the blockade, Granma (Feb. 18, 2016).

 

 

 

 

U.S. Loosens Certain Restrictions on Transactions with Cuba

On January 26, the U.S. Departments of the Treasury and Commerce released additional amendments to regulations regarding export payment and financing and airline travel with Cuba that will be effective on January 27.[1]

The changes will authorize financial transactions regarding professional meetings, disaster preparedness, information and informational materials and professional media or artistic productions in Cuba.

Other changes will allow U.S. airlines to have blocked space, code-sharing and leasing arrangements with Cuban airlines.

Treasury Secretary Jacob J. Lew said, “Today’s amendments to the Cuban Assets Control Regulations build on successive actions over the last year and send a clear message to the world: the United States is committed to empowering and enabling economic advancements for the Cuban people.  We have been working to enable the free flow of information between Cubans and Americans and will continue to take the steps necessary to help the Cuban people achieve the political and economic freedom that they deserve.”

Commerce Secretary Penny Pritzker said, “Following the first ever U.S.-Cuba Regulatory Dialogue and my fact-finding trip to Cuba in October, we have been working tirelessly to maximize the beneficial impact of U.S. regulatory changes on the Cuban people.  Today’s Commerce rule builds on previous changes by authorizing additional exports including for such purposes as disaster preparedness; education; agricultural production; artistic endeavors; food processing; and public transportation.  These regulatory changes will also facilitate exports that will help strengthen civil society in Cuba and enhance communications to, from and among the Cuban people.  Looking ahead, we will continue to support greater economic independence and increased prosperity for the Cuban people, as we take another step toward building a more open and mutually beneficial relationship between our two nations.”

=========================================================

[1] Reuters, U.S. Eases Air Travel, Export Financing Sanctions on Cuba, N.Y. Times (Jan. 26, 2016); U.S. Treasury Dep’t, Treasury and Commerce Announce Further Amendments to the Cuba Sanctions Regulations (Jan. 26, 2016).

 

Reflections on Learning and Teaching

As a student of history, economics, political science, law and other humanities courses at six colleges and universities[1] and as an instructor at three such institutions,[2] I have participated in different ways of instructing and learning such bodies of knowledge and skills: college and university lectures, other lectures; seminars, research and writing; tutorials; the Socratic method; and role-playing. Similar methods were used in my practice as a litigating attorney and now as a blogger and ordinary citizen. Underlying all of them, of course, are reading and studying. Here are a septuagenarian’s lessons in life-long learning.

My thinking about this subject and writing this blog post were prompted by a recent article about the lecture as a mode of instructing and learning. That article by Molly Worthen, an Assistant Professor of History at the University of North Carolina, Chapel Hill, was put into a broader context by her quoting John Henry Newman’s “The Idea of a University,” where he said the humanities taught a student “to disentangle a skein of thought, to detect what is sophistical, and to discard what is irrelevant.” Such a student learns “when to speak and when to be silent. He is able to converse, he is able to listen.”[3]

College and University Lectures

“A good lecture class,” Worthen says, teaches “comprehension and reasoning” by keeping “students’ minds in energetic and simultaneous action.” It does so by emphasizing “the art of attention, the crucial first step in … ‘critical thinking.’” She quotes Monessa Cummins, the Chair of the Classics Department at Grinnell College, my alma mater, as saying the lecture places “a premium on the connections between individual facts . . . [and] the building of an argument.”

This is “hard work” for the students, Worthen adds, requiring them “to synthesize, organize and react as they listen.” Indeed, students need to be taught how to listen, and lecture courses are exercises in “mindfulness and attention building.” This skill cannot be assumed, but must be taught. One way of doing so, in Professor Cummins’ classes, is to assign one student in each session to present a critique of her argument at the subsequent small discussion section.

Such a lecture course teaches that “listening is not the same thing as thinking about what you plan to say next–and that critical thinking depends on mastery of facts, not knee-jerk opinions.“

This is enhanced, Worthen argues, by requiring the students to take notes by hand, not by typing them into a computer. The former makes it impossible for them to make verbatim transcripts of the lecture, but instead to synthesize as they listen. That may be true, in my opinion, when the lecturer does not provide the students or audience with an outline of the lecture.

Lecturing, on the other hand, with a PowerPoint outline and providing the students or audience members with the Notes Page version of the outline enables the student to glance at the entire presentation in advance and see how the individual points fit into the entire lecture or presentation and then add his or her notes to individual pages as the lecture proceeds. PowerPoint also facilitates the use of graphs, maps and photographs in the lecture. [4]

Worthen also recognizes the utility of combining a large lecture session with small discussions sections and thereby obtain the reactions and comments of the students.

My memories of my first exposure as a student to lecturing 58 years ago as a freshman at Grinnell College are fuzzy at best, but I do not recall being provided with tips on how to take full advantage of this form of instruction. I now wish I had been told how to listen, to be mindful and to synthesize as I listened. I wish I had had a professor assign one student in each session to present a critique of the lecture’s argument at the next class session. Of course, then all notes of a lecture were handwritten.

As a student of Philosophy, Politics and Economics (PPE) at the University of Oxford, 1961-1963, attendance at university lectures on these subjects, often by world-famous scholars, was optional. I attended some primarily to see and hear such people as philosophers A. J. Ayer and Gilbert Ryle, economist J. R. Hicks and legal philosopher H. L. A. Hart, but regrettably I did not regularly do so. (Instead my attention was focused on tutorials as discussed below.)

As a law student at the University of Chicago, 1963-1966, the Socratic method was the dominant form of instruction, not lectures. The latter instead were formal occasions for all the students and faculty, usually provided by visiting scholars and judges. (The Socratic method also will be discussed below.)

In addition, I was a lecturer when I taught a course on the American Civil Law System at Grinnell while on sabbatical leave from my law firm, when I was a Practitioner in Residence at the University of Iowa College of Law, when I was an Adjunct Professor at the University of Minnesota Law School and when I was on the faculty of various continuing legal education courses while I was a practicing lawyer. That experience required me to review the material to be covered, to conduct any additional research I deemed necessary, to determine the main points to emphasize, to construct an outline for what I wanted to cover in the lecture and, in some cases, to prepare a PowerPoint presentation for use at the lecture.

Other Lectures

All of us obtain information and are educated, or not, in other oral presentations throughout our lives. I think of major political speeches like the State of the Union and Inaugural Addresses; other speeches at public events; and sermons at churches.

When, for example, I listen to speeches or presentations at the Westminster Town Hall Forum, I sometimes take handwritten notes and submit proposed questions for the moderator to ask the speaker. Later I also can go to the Forum’s website to re-listen to the speech. I also have written blog posts about some of these presentations. Another recent source of lectures for me is those offered by the Osher Lifelong Learning Institute (OLLI) of the University of Minnesota.

For sermons at Westminster Presbyterian Church, I sometimes make handwritten notes of some of the points on the church bulletin in my hands while the morning prayer, hymns and choral anthems usually emphasize some of the sermon’s main points. I also have found that I learn more about the sermon’s lesson by reading its text when it is subsequently posted on the church’s website and by reading and reflecting on the Scripture passages for the sermon; additional insight is often providing by writing a blog post about a sermon.

Seminars

My best educational experience at Grinnell College was taking the Political Economy Seminar my senior year with nine other students and with faculty from the economics, history and political science departments. We read important books in the field, not textbooks, and wrote and presented our papers on the former for discussion by all.

The Washington Semester at American University in the Fall of 1959 provided another type of seminar experience as a group of students from all over the U.S. met with politicians, government officials and others to learn about the operations of the U.S. government and political process.

I also organized and led a liberal arts seminar for lawyers at Grinnell in 1984. After reading various materials, we gathered at the College to discuss American legal history, alternative dispute resolution (ADR), jurisprudence and the lives and challenges of being humane judges and lawyers. Our leaders were a federal appellate judge, a national ADR scholar, an American history professor, a jurisprudence professor and a practicing lawyer.

Being in a book group, for me at Westminster Presbyterian Church, is another seminar experience for groups of 12 or smaller. Reading an assigned book and then gathering for a discussion of the book led by one of the group usually leads to a greater understanding of the book and its issues. For example, I recently led my group in discussing David Brooks’ “The Road to Character” after I had written about the book in this blog.[5]

Research and Writing

During my student years I conducted factual and other research about various subjects and in the process learned a lot about those subjects as well as research skills. The task of then reducing that research into a paper on the subject provided more learning about the subject plus the process of writing such papers. Later as a practicing lawyer these skills were further developed with the aid of the legal process for obtaining evidence in lawsuits, including the examination of witnesses, and the writing of briefs and other legal papers under rules for their contents and length.

The student research paper I best recall was at American University. The topic was how political interest groups participate in important cases in the U.S. Supreme Court and more specifically in contempt-of-congress cases in that court. I identified such cases, read the Court’s opinions in the cases, interviewed staffers at the relevant congressional committees (especially the House Un-American Activities Committee) and at the relevant political interest groups (especially the American Civil Liberties Union and the American Association of University Professors) and then spent a lot of time at the Supreme Court’s Library reading the briefs in the case, including those from the ACLU and the AAUP as amici curiae (friends of the court). The paper summarized this research and conclusions.

My enjoyment of research and writing continued as a practicing lawyer, both in my work as a lawyer and as a putative scholar. For example while at Harvard Law School for a short summer course, I spent time in its library doing research about Joseph Welch and Edward Burling, both prominent attorneys who were graduates of that Law School and of Grinnell College, and interviewing attorneys at Welch’s Boston law firm, about his representation of the U.S. Army in the McCarthy hearings of 1954. Later I wrote articles about both of them for the Grinnell Magazine [6] and even later with excerpts from the Welch article in this blog.[7]

A similar process was involved as a law student in researching and writing comments for the law review and as a lawyer in writing briefs.

Grinnell College recently has enhanced its use of research and writing as an educational method by adding a public website, The Grinnell Post, that hosts student essays about current events, public debates, and issues of interest to the Grinnell community. Its mission is to allow students to share their work in a public forum and foster conversations with a diverse readership and solicit their comments and criticism.

Another Grinnell effort to incorporate digital technology in the liberal arts is a website, Ashplan, initially devoted to James Joyce’s Ulysses. It seeks to foster the inheritance of classroom culture; that is, it forges connections among students studying the same material at different times, allowing new students to benefit from, remix, and add to the work of their predecessors.

Tutorials

As discussed in a prior post, the tutorial was the primary mode of undergraduate education at Oxford. During each week of the three terms of the academic year, I would have two tutorials, usually with only one other student and the tutor and sometimes only by myself with the tutor. The assignment was always in the form of a question with the tutor’s suggestions of books and articles one should read.

As a result, most of my time each week at Oxford was spent in the university libraries reading those sources and other relevant materials, figuring out how I would answer the assigned question and writing an essay setting forth that answer and analysis. Then I would see the tutor again and read my essay for critiquing and discussion.

I loved the independence of this system and being “forced” to come to a conclusion on an issue and to construct my own analysis and documentation for my conclusion. This was exactly the skill that was tested in Oxford’s university-wide examinations at the conclusion of my student-years, as also discussed in a prior post.

Grinnell College now has a First-Year Tutorial for all freshmen in groups of about 12 students that are led by “faculty members . . . from all academic departments . . . in more than 35 topics.” For the Fall of 2015 these include “Crisis, Liberation, Justice, and Leadership;“ “Racism: Color, Culture, Class; “ and “The Origins of Capitalism.” Every tutorial emphasizes writing, critical thinking and analysis, and oral presentation and discussion skills. The tutorial professors also serve as the advisers to their tutorial students until they declare a major field of study.

Socratic Method

After the treasured independence of the Oxford undergraduate experience, I initially was shocked in my first weeks in the Fall of 1963 as a student at the University of Chicago Law School. Now I was in large classes with daily assignments of certain pages in our large casebooks. The professors did not lecture. Instead they cross-examined individual students, one-by-one, about what the holding of a particular case was and what the result should be in a hypothetical case. We were being taught, we were told, how to think like a lawyer.

This method clearly taught you how to read a judicial opinion very carefully (and very painfully and slowly during that first semester of law school), to analyze that opinion to determine what its holding was and to think about the arguments that could be raised in similar, but different, hypothetical cases. Then in class you had to learn how to think on your feet and respond to questions from the professor as you would later do as a lawyer when questioned by a judge.

Reading and analyzing constitutions, statutes and regulations are also important for a lawyer, but I do not have clear memories of how that was done in my law student years. Of course, many judicial opinions concern judicial interpretations of such materials, and the overall law-school emphasis on reading and analyzing judicial opinions covered that methodology.

Learning how to do legal research and write legal briefs is another important part of law school. In addition, being a member of a law review staff and editorial board gives experience in writing and editing articles about legal topics.

Role-Playing

Participating in moot courts and playing the role of a lawyer making an argument to a court is another prominent method of legal education. I did not take advantage of this opportunity in law school as I was busy working on the law review doing legal research and writing and editing articles for the journal.

I, however, employed this method when I taught for one semester at Grinnell while on sabbatical leave from my law firm. I acted as a trial court judge hearing arguments by students as lawyers on a motion to compel production of a college tenure committee records in a hypothetical lawsuit brought by a professor against a college for denial of tenure. A different kind of role playing in that course was having the students, in lieu of a final examination, play the role of a justice of the Iowa Supreme Court and write an opinion deciding a case after reading the briefs in the case along with my memoranda summarizing some of the legal issues and after hearing the case argued before the actual Court.

I also used the moot-court method when I was an adjunct professor at the University of Minnesota Law School; I acted as a federal district court judge hearing arguments on a motion to dismiss a complaint under U.S. federal statutes (the Alien Tort Statute and the Torture Victims Protection Act) alleging a corporate defendant’s violations of human rights in other countries. I also acted as a judge of an immigration court to hear arguments on whether the court should grant an application for asylum by someone who allegedly had a well-founded fear of persecution in his or her home country due to political opinion or other protected ground.

I used a different kind of role-playing when I was a Practitioner in Residence at the University of Iowa College of Law. In a first-year civil procedure class, I played the role of a law firm partner while the students played the roles of associate attorneys working for me as we collectively identified issues, potential arguments and additional legal research needed for preparing a civil complaint under the strictures of Rule 11’s requiring such a pleading to be warranted by existing law or a non-frivolous argument for changing the law and by evidentiary support.

In such role-playing exercises, the student learns about procedural and substantive law, identification of legal and evidentiary issues and how to write and analyze briefs and make oral arguments.

In my experience, this is an effective way of learning several areas of law plus the skills of advocacy, and most students appreciate these opportunities to have a taste of what it is like to be a lawyer.

Conclusion

I am fortunate to have experienced different methods of teaching and learning from able practitioners of the different methods. I have learned in each of these settings and cannot say one is better than another. A lot depends on the size of the audience and the stage of your educational career. Seminars and tutorials require a small number of students while lectures are more appropriate, if not required, for a large number of students. I hope that I have been able to convey the same excitement of learning when I have been the instructor.

==============================================

[1] Grinnell College, 1957-1961; American University (Washington Semester), 1959; University of Oxford, 1961-1963; University of Chicago Law School, 1963-1966; Harvard Law School (Summer Program), 1986; and University of Minnesota Law School, 2001.

[2] Grinnell College, 1982, 1984; University of Iowa College of Law, 1986; and University of Minnesota Law School, 2002-2010.

[3] Worthen, Lecture Me. Really, N.Y. Times Sunday Review (Oct. 18, 2015).

[4] Aaron Fichtelberg, an associate professor of criminal justice at the University of Delaware, strongly disagrees on the value of PowerPoint. Indeed, he argues that it “turns good teachers into mediocre ones and mediocre lectures into a sludge of unengaging facts.” According to him, it “forces rigidity on the content of the course and passivity onto the students.” I agree that sometimes such use is boring. But as with all of these modes of teaching, there are the good and the bad. Other opinions?

[5] The Important Moral Virtues in David Brooks’ “The Road to Character” (May 1, 2015); David Brooks’ Moral Exemplar (May 2, 2015); David Brooks Speaks on the Role of Character in Creating an Excellent Life (May 16, 2015).

[6] Good Night, and Good Luck: The Movie’s Offstage Hero, Joseph Welch, Grinnell Magazine, Summer 2006, at 12; Edward Burnham Burling, Grinnell’s Quiet Benefactor, Grinnell Magazine, Summer 2009, at 21.

[7] Joseph Welch Before the Army-McCarthy Hearings (June 14, 2012); The U.S. Army’s Hiring of Attorney Joseph Welch for the Army-McCarthy Hearings (June 8, 2012); Attorney Joseph Welch’s Performance at the Army-McCarthy Hearings (June 6, 2012); U.S. Senator Joseph McCarthy’s Nemesis: Attorney Joseph Welch (June 4, 2012); President Dwight D. Eisenhower’s Involvement in the Army-McCarthy Hearings (June 10, 2012); Joseph Welch After the Army-McCarthy Hearings (June 12, 2012); Legal Ethics Issues in the “Anatomy of a Murder” Movie (June 12, 2012).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

U.S. Easing Restrictions on Travel and Exports to Cuba

Effective January 16th the U.S. is easing restrictions on Americans’ travel and exports to Cuba.[1]

Under the new regulations, Americans will now be allowed to travel to Cuba for any of the following specific reasons without first obtaining a special license from the U.S. government:

  • family visits;
  • official business of the U.S. government, foreign governments, and certain intergovernmental organizations;
  • journalistic activity;
  • professional research and professional meetings;
  • educational activities;
  • religious activities;
  • public performances, clinics, workshops, athletic and other competitions, and exhibitions;
  • support for the Cuban people;
  • humanitarian projects;
  • activities of private foundations or research or educational institutes; exportation, importation, or transmission of information or information materials; and
  • certain authorized export transactions.

Airlines and travel agents will be allowed to provide service to Cuba without a specific license.

Travelers will be permitted to use credit cards and spend money while in the country and bring back up to $400 in souvenirs, including up to $100 in alcohol or tobacco. In addition, Americans will be allowed to send more money to Cubans, up to $2,000 every three months instead of the $500 currently permitted.

The new regulations will also make it easier for U.S. telecommunications providers and financial institutions to do business with Cuba.

Treasury Secretary Jacob J. Lew, whose department oversees sanctions policy, said in a statement, “These changes will have a direct impact in further engaging and empowering the Cuban people, promoting positive change for Cuba’s citizens. The amended regulations also will facilitate authorized business for U.S. exporters and enhance communications and commerce between Cuba and the United States.  To the extent legally possible, the President has made clear that we want U.S. policy to ease the burdens on the Cuban citizens we seek to help.”

“Cuba has real potential for economic growth and by increasing travel, commerce, communications, and private business development between the United States and Cuba, the United States can help the Cuban people determine their own future.”

Commerce Secretary Penny Pritzker issued a similar statement with respect to changed regulations from her department. She said, “our regulations will change export policy and authorize the flow of certain goods and services to Cuba without a license, to spur private sector activity and encourage entrepreneurship in Cuba. These are smart changes in America’s outdated policy that will help the Cuban people realize an improved standard of living, greater economic independence, and increased prosperity.”

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[1] This post is based on U.S. Dep’t of Treasury, FACT SHEET: Treasury and Commerce Announce Regulatory Amendments to the Cuba Sanctions (Jan. 15, 2015); U.S. Dep’t of Treasury, Statement of Secretary Lew on Amendments to the Cuban Asset Control Regulations (Jan. 15, 2015); U.S. Dep’t of Commerce, Statement from U.S. Commerce Secretary Pritzker on New Commerce Department Regulations Changing U.S. Export Policy on Cuba (Jan. 15, 2015); Baker, U.S. Easing Decades-Old Restrictions on Travel to Cuba, N.Y. Times (Jan. 15, 2015).