Gov. Walker Tacks for the Middle, Particularly on Education Issues

Some politicians say they don’t pay attention to what polls show. Gov. Scott Walker is one of them. Most of those who say that actually do pay attention to polls. I assume Walker is one of them.

That’s certainly as good a way as I can think of to explain what is clearly an effort by Walker to move toward the middle on at least some issues, particularly education quality matters. In just over a half year in office, Walker has become an especially polarizing figure. Many on the right think he has changed the long-term future of Wisconsin for the better and praise him enthusiastically. Many on the left think he is so bad that they will succeed in bringing him to a re-call election next year. Some polls show that there are stronger feelings about Walker, both pro and con, with little middle ground, than is true for any other governor currently.  

But, ultimately, in a state that is as politically split as Wisconsin, it is valuable, if not essential, to have support among many of those in the middle. And Walker’s overall poll numbers are down in the light of the ferocious battle over the state budget.

So maybe I shouldn’t have been surprised when Walker took more moderate positions in an interview I did with him on July 1 on education issues. He referred several times to his desire to build consensus on some major issues and said it was “the Wisconsin way” to get a wide range of people together to work on issues. He talked about how he was building a strong relationship with Tony Evers, the state superintendent of public instruction, on matters such as a new school accountability system, new state tests, and an initiative aimed at increasing the overall quality of the work of principals and teachers. The generally-liberal Evers has been backed by teachers unions and was strongly critical of some major parts of the budget proposals from Walker, a conservative Republican.

Walker’s comments and subsequent conversations with him and Evers led to a story I wrote for the July 10 Milwaukee Journal Sentinel and a column I did on Walker’s education thoughts on July 17. The audio of my interview with Walker is availabkle on the latter Web page. 

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Milwaukee Foreclosure Mediation Program: Theory to Practice

Andrea Schneider and Natalie Fleury have a new paper on SSRN that describes the Milwaukee Foreclosure Mediation Program and analyzes the MFMP’s design by reference to dispute resolution theory.  The MFMP responded to the ongoing foreclosure crisis in Milwaukee, emerging from an initiative involving Marquette Law School and several government agencies, elected leaders, and community organizations.  The MFMP creates voluntary mediation opportunities for homeowners and lenders in the hope of renegotiating payment terms such that both sides will benefit.  So far, the results seem impressive, with home-retention agreements reached in more than forty percent of mediations and high levels of satisfaction reported by program participants.

Andrea and Natalie conclude as follows:

The opportunity to put years of writing and work in the field to use to help out the city, state, and court system was an honor and unique opportunity for the law school. Both professors and students witnessed law school teachings put to work and had a rewarding impact in their own backyard.  It also has given us, as designers, far greater insight into the local government and local community than we would have had without this collaboration. Most importantly, mediation has worked in exactly the way that we theorized. The communication between the parties is vastly improved through the program than it would be otherwise. Parties have control over the outcomes, not perfectly, but again, much more so than they would have in the alternatives. And the program provides for efficient solutions as the city continues to struggle with foreclosures. Moving forward, we have to map student availability and interest with the needs and opportunities presented by the program. But we have witnessed the putting of theory into practice in a wonderful way while recognizing that we would have all preferred that this particular need not exist.

Their paper, entitled “There’s No Place Like Home: Applying Dispute System Design Theory to Create a Foreclosure Mediation System,” will appear in the Nevada Law Journal.

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Department of Justice Files Fair Housing Act Suit Against City of New Berlin

On Thursday, the United States Department of Justice (DOJ) filed a complaint against the City of New Berlin. The complaint arises out of a series of events that led to the City’s denial of a “workforce” housing development proposal made by MSP Real Estate, Inc. (MSP).  The DOJ alleges that the City of New Berlin ultimately denied the proposal on the basis of racial discrimination, in violation of Section VIII of the Fair Housing Act.

According to the complaint (which can be viewed here), on March 10, 2010, MSP submitted a development application to construct 180 units of affordable housing in what is known as New Berlin’s “City Center.”  The proposal stated that the development would include 100 elderly units and 80 workforce housing units.  The development was intended to be financed in part by the Low-Income Housing Tax Credit program, a program that allows a developer to sell tax credits to investors in exchange for the promise that the developer will rent the apartments for below-market rates to tenants who qualify.  For this specific development, MSP was going to rent to individuals who made 40 to 60 percent of the median household income in New Berlin.  In New Berlin, the median income as of 2000 was approximately $70,000, which means the proposed development would rent to individuals who made $28,000 to $42,000 a year.

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