U.S. Report Finds Flaws in Study of California Power Companies An investigative arm of Congress faulted federal regulators today for claiming that there was no evidence to support accusations that power companies manipulated California's electricity market. The General Accounting Office reviewed a study by the Federal Energy Regulatory Commission issued in February. The energy agency found no evidence that companies withheld power to drive up prices. Politicians in California and some economists have been asserting for months that power companies withheld available electrical generating capacity to create or worsen shortages. Generating companies had cited the energy agency's report to rebut those accusations. The accounting office said the agency's work looked only at physical reasons for outages and did not explore the possibility that generating companies used bidding strategies to withhold supplies. Moreover, the office found that the study did not prove that cutoffs had occurred for unavoidable physical reasons. "FERC's study was not thorough enough to support its overall conclusion that audited companies were not physically withholding electricity supply to influence prices," the accounting office said. http://www.nytimes.com/2001/06/30/national/30POWE.html?pagewanted=all

Senators Hear Bitter Words on Florida Vote One of the dissenting members, Abigail Thernstrom, presented her rebuttal to the report today. Relying on a statistical analysis by John Lott, an economist at Yale Law School, Ms. Thernstrom said that "voter error was the central problem in Florida, not disenfranchisement" and that the committee report was flawed and prejudicial. "One of the dissenting members, Abigail Thernstrom, presented her rebuttal to the report today. Relying on a statistical analysis by John Lott, an economist at Yale Law School, Ms. Thernstrom said that "voter error was the central problem in Florida, not disenfranchisement" and that the committee report was flawed and prejudicial. In another tense exchange, Senator Charles E. Schumer, Democrat of New York, took on the credibility of Mr. Lott, Ms. Thernstrom's statistician. Mr. Schumer, a proponent of gun control, first belittled Mr. Lott in passing as the person who had found, in Mr. Schumer's words, "The more guns, the less violence." In prosecutorial tones, Mr. Schumer then wrung out of Mr. Lott a defeated "yeah" to the question of whether "a greater percentage of black and Hispanic people are turned away than, or don't get to vote, than white people?" The packed hearing room broke into applause at Mr. Lott's concession, prompting Senator Christopher J. Dodd, Democrat of Connecticut, to gavel the room to order, saying, "It's not a rally; it's a hearing." http://www.nytimes.com/2001/06/28/politics/28VOTE.html

Senators Hear Bitter Words on Florida Vote Ms. Berry affirmed the findings of the report and said she was "surprised that people are so exercised" about it. She said it was clear that black voters had higher rates of problems than others, regardless of whether they were intentional. "If I ran over you at 90 miles an hour and killed you, it doesn't matter whether I intended to or not, I still killed you," Ms. Berry said. http://www.nytimes.com/pages/national/index.html?todaysheadline

2 Judges Do Battle in an Immigration Case �something extraordinary has happened in the case of a 46-year-old man from Trinidad, detained since last summer in a county jail here, whose wife seeks such a visa for him. First an immigration judge here, William Van Wyke, suspended an effort by the Immigration and Naturalization Service to deport the man, and pressured officials to act quickly on the visa application. Then, in an even more unusual twist, Judge Van Wyke's decision was overruled by the nation's chief immigration judge, Michael J. Creppy, after what Judge Van Wyke and his supporters call a series of improper contacts between I.N.S. lawyers and Judge Creppy's office. The reversal, and Judge Van Wyke's denunciation of his boss, are the talk of the immigration circuit, whose union of administrative judges has filed a formal protest against Judge Creppy and a top aide, accusing them of unethical behavior. "The actions of the office of the chief immigration judge raise profoundly troubling questions about the integrity of the deportation process and the independence of the chief immigration judge from the I.N.S.," said Lucas Guttentag, director of the American Civil Liberties Union's immigrants' rights project. http://www.nytimes.com/2001/06/21/national/21JUDG.html?todaysheadlines&pagewanted=all

How Do You Consider Someone Spending Decades In Prison, Sentenced to Death, Then Released Minus Years of His Life Proof That the System Is Working?

Death Penalty Falls From Favor as Some Lose Confidence in Its Fairness Some said that what persuaded them was the news that 13 prisoners on death row in Illinois were discovered to be innocent � a revelation that led Gov. George Ryan, a Republican, to declare a statewide moratorium on the death penalty last year. Others said they were troubled by reports that the death penalty may be disproportionately imposed on blacks and Hispanics. "I've slowly been changing my mind about the death penalty," said Fredrica Hicks, a mother of three who works in a Social Security office in Chicago, where the exonerations of prisoners in her state gave her pause. "What would happen if something went wrong and someone accused me of something and there was no way for me to prove my innocence, or evidence was lost and I was sitting on death row? If it has happened to someone else, it could happen to anyone. It could be me." But Charlotte Stout, a retired nurse in Greenfield, Tenn., rebutted that, saying: "To me, that is the system working. If it hadn't been working, the innocent people wouldn't have been released." "Today to be raising questions about capital punishment is to be in the company of the pope, Governor Ryan, the Legislatures of Nebraska and New Hampshire, the columnist George Will, Pat Robertson and William Sessions, the former director of the F.B.I., all of whom have come out in favor of a moratorium, said Mr. Sarat, the author of "When the State Kills: Capital Punishment and the American Condition" (Princeton University Press, 2001). "Go down to the police department and look at the police blotter and you'll be convinced it's not deterring anything," said Jerry Jones, an election worker in Chicago. http://www.nytimes.com/2001/06/17/national/17VOIC.html?pagewanted=all

China Said to Sharply Reduce Carbon Dioxide Emissions In the debate on global climate change it has long been a given that China, with its huge population and endless coal reserves, would overtake the United States early this century as the biggest source of the atmospheric pollution that scientists believe is warming the planet. That specter of runaway Chinese emissions has been cited by President Bush as a major reason for describing as "fatally flawed" the 1997 Kyoto agreement to protect the climate. The treaty exempts developing countries, including China, from its initial, binding limits on the output of carbon dioxide and other so-called greenhouse gases that scientists believe are causing traumatic changes in the climate. But treaty obligation or not, China has already achieved a dramatic slowing in its emissions of carbon dioxide in the last decade, Chinese and Western energy experts say. That record of progress has pushed further into the horizon the day that China will surpass the United States as the lead culprit, and it is something that Mr. Bush seems to have overlooked in his harsh appraisal. http://www.nytimes.com/2001/06/15/world/15CHIN.html?pagewanted=all

A Skeptical Europe Awaits Bush on 5-Day Trip It is easier for a camel to pass through the eye of a needle," began an opinion piece in the conservative daily ABC, "than for a rich man to be executed in the United States." http://www.nytimes.com/2001/06/11/world/11EURO.html

The Backslap Backlash The political incompetence that led to Mr. Jeffords's defection hardly squares with the prevailing Beltway view of the Bush White House during its first 100 days. That view, as usual, is best articulated by Washington's Dean, the pundit David Broder, who in February gave the new administration high grades for having "a cabinet of C.E.O.'s, made up mainly of men and women who have run large enterprises." But of course it's exactly the C.E.O.-itis exemplified by Dick Cheney, Donald Rumsfeld and Paul O'Neill that led the administration to be blindsided, taking the Jeffords rebellion seriously only days after it had been reported by such obscure news outlets as CNN. As one veteran of past administrations and the corporate world puts it: "C.E.O.'s are used to flying their own planes, seeing only their own subordinates and being accountable to no one. They are profoundly certain of their own value system. They have contempt for the public and the press. They have none of the accountability required of a president of the United States." Such arrogance is the real story of this White House thus far. The administration proceeds on the belief that no one would possibly question its wisdom and that anything can be sold with the proper marketing strategy and enough repetition of an unvarying script. If the president is known for "reaching out" and "building bridges," as we're constantly told, it must be so, even if the Jeffords fiasco proves it wildly false. If he says it's possible to have a huge tax cut while building a missile shield and without dipping into the Social Security and Medicare piggy banks, it must be so, even if the numbers don't remotely add up. So goes this cognitive-dissonance presidency. Perhaps it's the ease with which the White House walked over the Democrats on the way to the tax cut that has accelerated this brand of subterfuge. These days, with impressive brazenness, almost every Bush photo op belies what his administration is actually up to. � In a five-day period the president appeared at two national parks, Sequoia and the Everglades, dressed in more earth tones than Al Gore at his most craven. The message, of course, is that Mr. Bush likes hugging trees almost as much as he does African-American schoolchildren. But in fact his environmental record remains unchanged. He shows no signs of opposing drilling off Florida's Gulf Coast (though even his brother is against it) or of opposing the development of a commercial airport not far from the Everglades' border. The National Parks Conservation Association gives his record a D thus far, noting that his modest increase in the parks budget is more for buildings and roads than for preserving nature. � In his commencement address at Notre Dame, among other religious venues, Mr. Bush has repeatedly praised the power of faith-based charities. But according to The Washington Post, the administration very quietly stopped pushing its promised boon to charities in the tax bill: a deduction for charitable contributions for those taxpayers who don't itemize on their returns. Not only did the White House let that provision die to preserve its main goal, a top-heavy reduction of tax rates, but in fighting for an end to the estate tax it has also eliminated an added incentive for the wealthy to donate to charity. � In Philadelphia in mid-May, Mr. Bush posed in front of a sea of police officers to push a plan to hire more prosecutors to enforce existing gun laws. But three days later Attorney General John Ashcroft wrote a letter to the National Rifle Association endorsing an interpretation of the Second Amendment that could in fact gut existing gun laws. Some of those cops standing behind the president may also be gutted, for in its budget the administration has asked for a 17 percent decrease in COPS, the federal program that provides money for police salaries. � Mr. Bush has repeatedly visited various Boys and Girls Clubs, touting them as an example of how the government can "facilitate programs" for kids and promote "the universal concept of loving a neighbor." In his budget, federal money for Boys and Girls Clubs is eliminated entirely. Even the first lady has been enlisted in these bait-and-switch shenanigans. Laura Bush appeared at a Washington public library in April to kick off "the Campaign for America's Libraries" � just one week before her husband's budget cut the federal outlay for libraries by $39 million. http://www.nytimes.com/2001/06/09/opinion/09RICH.html?pagewanted=all

Floyd Norris: Bush's Tax Shuffle The alternative tax is supposed to hit the rich. It forces taxpayers with substantial deductions to compute their tax bill twice. First they do it the regular way, and then they calculate it again, and apply a lower tax rate, without being able to take advantage of a substantial number of exemptions. Then, they pay whichever tax is higher. The new tax law promises higher deductions late in this decade. Married couples will get a bigger deduction, and higher-income taxpayers will get a larger standard deduction. But those deductions don't count for the alternative tax. Tens of millions of taxpayers will see their savings largely vanish after the alternative tax kicks in. The tax-bill writers understood this, and even threw in a provision to reduce the impact � up until the next presidential election. As a result, the official estimate is that the number of taxpayers paying the alternative minimum tax in 2004 will be 5.3 million, up from 1.4 million this year but fewer than the 5.6 million who would have paid it under the old law. http://www.nytimes.com/2001/06/01/business/01NORR.html?pagewanted=all

Jeffords Defects, Forcing Shift in Agenda Later in an interview he said the critical issue that led to his defection was education, specifically the decision by Senate leaders and the White House to drop $300 billion in school spending from the final budget resolution. "When they took that all out," he said, "that was it." http://www.nytimes.com/2001/05/25/politics/25CHAN.html?pagewanted=all

While a Restless Senator Stirred, the Bush Team May Have Slept The strategist said that when Mr. Jeffords refused to give White House officials unconditional love, they responded in a fashion that left him feeling "constantly dissed, ignored, embarrassed, not treated with the kind of respect you would accord a senator, let alone a Republican." http://www.nytimes.com/2001/05/24/politics/24BUSH.html?pagewanted=all

Nuclear Power Gains in Status After Lobbying In mid-March, a cadre of seven nuclear power executives sought and won an hourlong meeting in the White House with Karl Rove, Mr. Bush's top political adviser. Also attending were Lawrence B. Lindsey, the president's top economic adviser, Andrew Lundquist, the executive director of Vice President Dick Cheney's energy task force, and others involved in devising the energy plan. "We said, Look, we are an important player on this energy team and here are our vital statistics, and we think that you should start talking about nuclear when you talk about increasing the nation's supply," Christian H. Poindexter, chairman of the Constellation Energy Group, recalled today. And then a surprising thing happened. "It was shortly after that, as a matter of fact I think the next night, when the vice president was being interviewed on television, he began to talk about nuclear power for the first time," Mr. Poindexter said. http://www.nytimes.com/2001/05/23/politics/23NUKE.html?pagewanted=all

Con�cept The Standard: Don't Know Much About a Science Book

Con�cept When a Test Fails the Schools, Careers and Reputations Suffer

Right Answer, Wrong Score: Test Flaws Take Toll One day last May, a few weeks before commencement, Jake Plumley was pulled out of the classroom at Harding High School in St. Paul and told to report to his guidance counselor. The counselor closed the door and asked him to sit down. The news was grim. Jake, a senior, had failed a standardized test required for graduation. To try to salvage his diploma, he had to give up a promising job and go to summer school. "It changed my whole life, that test," Jake recalled. In fact, Jake should have been elated. He actually had passed the test. But the company that scored it had made an error, giving Jake and 47,000 other Minnesota students lower scores than they deserved. But it was not an isolated incident. The testing industry is coming off its three most problem-plagued years. Its missteps have affected millions of students who took standardized proficiency tests in at least 20 states. An examination of recent mistakes and interviews with more than 120 people involved in the testing process suggest that the industry cannot guarantee the kind of error-free, high-speed testing that parents, educators and politicians seem to take for granted. In recent years, the four testing companies that dominate the market have experienced serious breakdowns in quality control. Problems at NCS, for example, extend beyond Minnesota. In the last three years, the company produced a flawed answer key that incorrectly lowered multiple-choice scores for 12,000 Arizona students, erred in adding up scores of essay tests for students in Michigan and was forced with another company to rescore 204,000 essay tests in Washington because the state found the scores too generous. NCS also missed important deadlines for delivering test results in Florida and California. http://www.nytimes.com/2001/05/20/business/20EXAM.html?pagewanted=all

25 Years Later, Rumsfeld's Dream Is Alive Again In his first three months on the job, American warplanes bombed Iraq, a Navy submarine sank a Japanese fishing boat, killing nine people aboard, and 24 Americans were detained in China after their Navy spy plane collided with a Chinese fighter jet. http://www.nytimes.com/2001/05/18/world/18MILI.html?pagewanted=all

The Details: Excessive Regulation Is Blamed for Energy Woes The 170-page policy paper devotes the bulk of its text, which reads in parts like a nonpolitical academic study, to examining how to reduce energy demand and cultivate clean sources of energy like wind and biomass, as agricultural, human and animal waste are known. The administration has emphasized that of its 105 specific recommendations, highlighted throughout the text with blue stars, 42 deal with conservation, efficiency and renewable energy sources, while only 35 address supplies of traditional energy sources. But the report's priorities are evident from the start. The first chart in the report, which illustrates how energy consumption is outpacing production, uses a mix of government statistics to make the future shortfall in production seem more acute than it might turn out to be. Among the many regulations it has vowed to review, streamline, expedite or eliminate are land-use restrictions in the Rocky Mountains, lease stipulations for off-shore and coastal zones where oil and gas are plentiful and environmental reviews required when utilities want to retool power plants or oil companies want to expand refineries. Thttp://www.nytimes.com/2001/05/18/politics/18ENER.html?pagewanted=all

News Analysis: A New Focus on Supply Under federal law, anyone wanting to drill oil wells, lay pipelines or build power plants has for decades been required to prepare an environmental impact statement clearing the project on environmental grounds. Now, as a central part of his new energy plan, President Bush is calling for attention to the flip side of that approach. Under an executive order that Mr. Bush is to issue on Friday, any federal agency considering steps that might adversely affect the nation's energy health would have to issue a new kind of impact statement, this one on energy grounds. http://www.nytimes.com/2001/05/18/politics/18ENVI.html?pagewanted=all

Education: Government Internet Subsidy Stretched to Its Limits "The point of the program is to make things more affordable," Hershman said. "There's been more demand than they thought there would be. There are still very poor schools that haven't been able to make the cut off." With help from e-rate discounts, 98 percent of U.S. public schools now have Internet connections, according to new statistics issued this month by the Education Department's National Center for Education Statistics. But only 77 percent of instructional classrooms have Internet connections, and the number drops to 60 percent for schools with the highest concentrations of poverty. Despite continued demand for education technology funding, lawmakers and advocates for the e-rate are not clamoring for more money, nor are the telephone companies that have been contributing to the fund offering to ante up more. http://www.nytimes.com/2001/05/15/technology/16EDUCATION.html?pagewanted=all

Lott Rebuked for Delaying Campaign Finance Bill Senator John McCain pushed through the Senate a rebuke of the Republican leader today for acting to "thwart the will of the majority" by failing to send to the House the overhaul of the campaign finance law that was handily approved by the Senate last month. The resolution, which was attached as an amendment to education legislation, did not mention Senator Trent Lott, the majority leader from Mississippi. Because the education bill is still being debated, the resolution has no immediate effect. But Mr. McCain made quite clear in debate that it was directed straight at Mr. Lott and was a repudiation of his quiet delay of campaign finance legislation. "What we are seeing here is a minority of one stopping the will of this body," Mr. McCain said. http://www.nytimes.com/2001/05/16/politics/16DONA.html?pagewanted=all