Thursday, March 18, 2021

EXPLAINER: How Uber UK case could foreshadow gig work revamp


FILE - In this Nov. 15, 2019, file photo is an Uber office in Secaucus, New Jersey, USA. Uber is giving its U.K. drivers the minimum wage, pensions and holiday pay, following a recent court ruling that said they should be classified as workers and entitled to such benefits, the company announced Tuesday, March 16, 2021. (AP Photo/Seth Wenig, File)

KELVIN CHAN
Wed, March 17, 2021

LONDON (AP) — Ride hailing giant Uber says it's giving U.K. drivers benefits like minimum wage and pensions, after losing a yearslong court battle to prevent them from being classified as “workers." It's an early sign of what companies like Uber face as authorities get to grips with regulating the app-based gig economy.


Starting right away, Uber's more than 70,000 U.K. drivers will get the minimum wage, equivalent to about $12 an hour for people aged 25 and up, plus pension payments and holiday pay. The company made the changes after the U.K. Supreme Court rejected its appeal against an employment tribunal ruling that drivers should be considered workers, not independent contractors as Uber insisted. That doesn't mean they're considered full-time staff employees, but under U.K. employment law, they fall into a middle category of “workers” who have more casual work terms but are also entitled to benefits and protections.


IS IT GOOD FOR DRIVERS?


Yes and no. San Francisco-based Uber Technologies Inc. says a driver's minimum wage will be calculated based on the time they accept a trip through the app. The drivers union behind the legal case said it's a step in the right direction but not good enough because drivers should be paid for time spent waiting for rides after logging on to the app, as the court ruled, otherwise they'll be shortchanged by up to 50%.

“If you go to work for Starbucks and no customers come into the shop, should you still be paid? Of course you should," said James Farrar, one of two former Uber drivers who filed the initial claim. “Uber simply has to do this, this is not difficult to understand."

But it may not be so simple. The company has argued that drivers could be logged in to the app while they're sitting at home, and not actually driving.

THE BOTTOM LINE

Will these changes mean passengers pay more and hurt the company’s profitability? Uber revealed little in a U.S. Securities and Exchange Commission filing announcement, saying only that it’s not making any changes to previously announced quarterly or full year earnings forecasts.

Experts said the company may end up making other adjustments to afford these new policies and shore up its chances of turning a profit, but they could end up limiting flexibility for drivers - one of the big selling points of working for Uber.

One big possibility is restricting the number of drivers on the platform, said Matthew Taylor, who carried out an independent review of working practices for the U.K. government in 2017.

To properly comply with the court ruling, Uber “probably are going to have to move to a system where they say to drivers you can only log on at certain times," Taylor told the BBC.

THE GIG ECONOMY'S FUTURE


The Uber case is part of broader efforts to rein in the gig economy that are gaining traction, at least in Europe. Spain last week unveiled legislation classifying food delivery riders as employees of the digital platforms they work for, not self-employed.

CEO Dara Khosrowshahi has been a dvocating for reforms to what he called outdated labor laws that force gig workers to choose between flexibility and social protections. His proposals could find a receptive audience in Brussels, where the European Union's executive Commission is looking at how to improve conditions for platform workers.

Meanwhile, Uber's U.K. case could act as catalyst for wider change, by inspiring further legal challenges and influencing courts elsewhere that are wrestling with the issues. It all means that other gig economy companies, which are often accused of exploiting workers, will face growing pressure to make improvements for them.

___

For all of AP’s tech coverage, visit https://apnews.com/apf-technology
Uber worker benefits 'will make a difference'

Tom Espiner - Business reporter, BBC News
Wed, March 17, 2021, 

Uber driver

After a long court case fought by Uber drivers to get recognition as workers, the company has offered holiday pay, a guaranteed minimum wage, and pensions benefits to its drivers.

But what do Uber drivers think of the outcome of the case?

Reactions range from welcoming it as a good thing to anger and disappointment that Uber has not gone further.

'I think it's great'

Abul Kalam, an Open University student who wants a career in education, uses Uber work in London to bring in some money.

He says the concessions from the firm are "valuing the tremendous work that Uber drivers have done over the last difficult year".

He says Ubers have transported key workers to and from their jobs and "any holiday pay will be a welcome gesture".

"The pensions are an added bonus," he says.

However, he views Uber drivers as providing a freelance service, and says they shouldn't be paid while they are waiting for fares.

"Everyone should be entitled to the same benefits. It's greatly welcome, but why should we be treated differently?" he says.

Abul added that he can't see why Uber is guaranteeing a minimum wage.

"I can't ever be on a job for an hour and not be getting £8," he says.
'It will make a difference'

Zafar Iqbal stopped working for Uber in October last year after a dispute over pay.

The Birmingham-based taxi driver could not make Uber work financially, especially with the family commitments that he has.

"The fare was always too little," he says, and the commission was "not cheap".

"Taxi costs are rising day after day and they [Uber] keep the fares low," he says. "If you go outside the city you're unlikely to get a fare back."

He says the Uber concessions on holiday pay and pensions "will make a difference, and it will help".

He adds that taxis are "really struggling at the moment - there is not much work available".
'Uber has flooded the market'

Abduzak Hadi, who is based in London, was one of the claimants in the court case against Uber.

He says that Uber has not gone far enough in its concessions, and that the Supreme Court ruling directed Uber to pay drivers from when they logged onto the app, not from when they accepted a job.

"Uber has flooded the market with drivers because it costs them nothing," he said. "I started work at 7 o'clock this morning, and I've only taken £20."

He said the holiday pay entitlement was 12.07% after expenses, which are significant.

"In reality, it will not make any difference," he says. "I'm still out here putting in long hours."

He said the pandemic had made it hard for drivers to make ends meet.

"I've been getting loans, and any savings we had are long gone. I'm in debt at the moment and rent is outstanding," he said. "I've never been like that."
Hopes and fears raised in rural West Virginia by push for $15 minimum wage




FILE PHOTO: Senator Joe Manchin speaks after
 winning his 2018 midterm election in Charlestown, 
West Virginia


Jason Lange and Makini Brice
Wed, March 17, 2021

(Reuters) - At the Custard Stand restaurant in Webster Springs, West Virginia, Angie Cowger worries Democrats' goal of raising the hourly minimum wage to $15 would be the death knell for her business.

Roughly half her employees make about $9 an hour. Cowger can't imagine raising prices on hot dogs and ice cream by enough to cover $15, so she would expect to lay off workers, perhaps having customers place orders on a screen rather than with a cashier.

"I don't know our customer base would support that," Cowger said of her rural town of about 700 people. "We're in a town that has only one red light in the whole county."

While an effort to raise the national minimum wage from its current $7.25 level without Republican votes was blocked in the Senate this month, congressional Democrats have signaled they plan to try again.

The stakes are perhaps nowhere better illustrated than in West Virginia. Its 16% poverty rate is among the nation's highest and its low wages - half its workers earn less than $16.31 an hour - mean it could see some of the biggest risks and rewards of such a move.

West Virginia is also home to Senator Joe Manchin, a moderate Democrat who opposes the $15 target and is emerging as a key force in the narrowly divided chamber.

Manchin, whose support would be crucial to the success of any legislation on the issue, says he would back an $11 minimum wage, still a more than 50% increase from where it has stood since 2009.

Five Senate Republicans - including West Virginia's other senator, Shelley Moore Capito - have proposed an increase to $10, suggesting compromise of some kind is possible.

In Republican-dominated states, where wages are generally lower than in Democratic-leaning states that are home to America's biggest cities, the biggest concern is retaining jobs, not raising wages.

The nonpartisan Congressional Budget Office (CBO) said in February that raising the minimum wage to $15 by 2025 as proposed by Democratic President Joe Biden would reduce the number of jobs nationwide by 1.4 million, and possibly by as much as 2.7 million, as businesses struggle with higher costs.

That hit would come after the pandemic sent the jobless rate well above 15% in West Virginia, higher than the national average. The state's current 6.5% unemployment rate is just above the national level.

SPLIT ON JOBS


Some experts said job losses could be sharper in rural areas because it will be harder for businesses in small-town America to raise prices enough to offset dramatic increases in pay.

"It's not surprising that the elected officials in low-wage states are more reticent to support higher minimum wages," said Michael Strain, an economist at the American Enterprise Institute.

Nine of the 10 states with the lowest median hourly wage - a group that includes West Virginia - picked Republican Donald Trump in the 2020 election. Biden took nine of the ten states with the highest typical hourly wage. (For a graphic on hourly wages across U.S. states, click here: https://tmsnrt.rs/3bP1qcT)

Some experts say there is no evidence linking a higher minimum wage to job cuts, however.

"We do not detect any negative employment effects in our sample, and so I would not expect any in WV," said Michael Reich, an economist at the University of California at Berkeley.

Labor activists are putting pressure on Manchin and Capito to go big on a minimum wage hike in West Virginia, where Trump beat Biden by nearly 40 percentage points and where well-paying coal jobs - long the state's trademark industry - have been on the decline for decades.

They point out that the CBO study also projected that bringing the minimum wage to $15 by 2025 would boost the incomes of 17 million people nationally and pull 900,000 people out of poverty.

Last month, the activists hired vans to circle Capito and Manchin's offices in Charleston, the state capital, with mobile billboards demanding $15 an hour. The Poor People's Campaign also organized a rally outside of Manchin's office promoting the rise.

Pam Garrison, a 62-year-old retiree who has held minimum-wage jobs for her entire working life, mostly as a cashier, said low wages were part of what held the economy back.

"If you give us the money, we'll get this economy going," she said from Fayette County, a coal mining area. "We spend our money. We will fix our falling-down houses up."

(Reporting by Jason Lange and Makini Brice in Washington; Editing by Scott Malone and Sonya Hepinstall)
THAT'S BIPARTISANSHIP
80% of Americans think the federal minimum wage is too low, new poll finds


Ayelet Sheffey,Juliana Kaplan
Tue, March 16, 2021

A group of BLM demonstrators protest the Federal Reserve Bank about $15 minimum wage in NYC to solidarity nationwide in Lower Manhattan on July 20, 2020. Tayfun Coskun/Anadolu Agency/Getty Images


An Amazon/Ipsos poll found 80% of Americans believe the current federal minimum wage isn't sufficient.


It's only the latest poll to show popular support for a minimum wage increase.


The poll echoed prior research, finding women and workers of color are more likely to earn under $15.


A federal minimum wage increase didn't make it into the American Rescue Plan President Joe Biden signed into law last week, but the majority of Americans still believe a $7.25 minimum wage is too low.

A new Amazon/Ipsos poll released on Tuesday found that 80% of Americans believe the current federal minimum wage is not sufficient, with two in three who have an opinion on the topic supporting an increase in the minimum wage to $15 an hour. Amazon has previously advocated for a minimum wage increase to $15 an hour, and the poll found that two in three Americans want large companies to play a role in pushing for a minimum wage increase.

"America has hope that 2021 will be a year of recovery," the poll said. "Increasing the federal minimum wage to $15 an hour will help supercharge that recovery and help those who need it most. Boosting the income of those at the bottom end of the pay scale means that, instead of just trying to survive, they have the opportunity to participate in the economic recovery."


Here are the other main findings of the poll:


Eight in ten Americans don't know the actual amount of the current federal minimum wage;


People who earn less than $15 an hour are more likely to be women, people of color, people living in rural areas, and people with less formal educations;


70% of Americans say a wage increase would have a positive impact on employees, with 55% saying it will positively impact the country;


And those who make less than $15 an hour are significantly less likely to be satisfied with aspects of life - jobs, income, and ability to pay bills - than those making $15 an hour or more.

The push for a federal minimum wage increase has remained controversial among lawmakers. Although Sen. Bernie Sanders of Vermont, and other progressive lawmakers, failed to pass a wage increase in the stimulus, he is continuing to fight for future legislation that will raise the wage to help working Americans.

"There is nowhere - I repeat, NOWHERE - in the United States where a full-time worker being paid the federal minimum wage of $7.25 can make ends meet. That is a disgrace," Sanders said on Twitter on March 4. "It is far past time that we raise the minimum wage to $15 an hour and give millions of workers a raise."


Meanwhile, moderate and conservative lawmakers, like Democratic Sen. Joe Manchin of West Virginia, have pushed against an increase to $15 an hour, citing the potential impact on the labor market.

"I would amend it to $11," Manchin told reporters. "We can do $11 in two years and be in a better position than they're going to be with $15 in five years."
A $15 minimum wage has already had broad popular support - and could impact millions of workers

An Insider poll from February showed that more than 60% of respondents would definitely or probably support a $15 minimum wage. That echoed Insider's 2019 polling, where 63% of respondents supported or strongly supported an increase to $15 per hour.

A minimum-wage hike would impact 32 million workers, according to an analysis from the left-leaning Economic Policy Institute. Around one in three Black workers and about one in four Latino workers would benefit from the raise; almost 60% of workers who would benefit are women, with women of color seeing a particular boost. Those are all groups who have been disproportionately impacted by the pandemic's economic devastation.

Raising the minimum wage could also ease the strain on social safety net programs. A study from the University of California at Berkeley found that low wages cost taxpayers more than $100 billion a year.

One main concern that has emerged in the minimum wage debate is the potential impact on employment, with the nonpartisan Congressional Budget Office projecting that an increase could lead to the loss of 1.4 million workers while lifting 900,000 people out of poverty.

However, not all economists are so sure about those employment projections. According to recent report from Morgan Stanley, "the wealth of research points to no definitive conclusion on the impact higher wages have on employment."

While the impact to employment may not a cause for alarm, Morgan Stanley highlighted other important aspects to consider.

"The social benefits to lifting real wages of lower-income earners and millions out of poverty are substantial."

Read the original article on Business Insider

CORPORATIONS ARE PERSON'S TOO
Coca-Cola and Home Depot oppose voting restrictions in their home state Georgia


Akshita Jain
Mon, March 15, 2021, 
THE INDEPENDENT


Demonstrators protest inside Capitol building to oppose 
HB 531 on 8 March, 2021 in Atlanta(Getty Images)

Coca-Cola and Home Depot, two major corporations based in Georgia, have come out to oppose a new Republican proposal to enact restrictions on voting access in the key swing state.

Republican lawmakers advanced a bill last week in the state Senate that would repeal no-excuse absentee voting, and in the House that would limit the hours for early voting and restrict ballot drop boxes.

The Georgia Chamber of Commerce issued a statement on Friday, saying that the right to vote is one of the most sacred rights of a US citizen. “By upholding the American ideal of free and fair elections, we demonstrate our commitment to protect the votes and rights of all Georgians and the growth of free enterprise. In 2020, Georgia voting laws were in line with 33 other states for absentee, early, and day-of voting,” it added.

Representatives from Coca-Cola and Home Depot told The Washington Post that the companies are aligned with the Chamber’s statement. Coca-Cola separately told CNN that voting is “a foundational right” in the US and that the company will “continue to work to advance voting rights and access.”

The voting restriction bills come after a violent mob stormed the US Capitol on 6 January following former president Donald Trump’s false claims of voter fraud. Republicans claim changes to voting are required for “election integrity.”

Civil rights groups claim Black voters — who make up 30 per cent of the state’s electorate — would be disproportionately affected by the proposed changes. Black voters and voters of colour were crucial in helping president Joe Biden win the November election and two Democratic senators in a January run-off in Georgia.

The organisations say the legislation will possibly curb turnout from Democratic Black voters.

Read more:


Tape of Trump and Georgia officials ‘was found in trash of investigator’s laptop’


Two arrested for attacking Capitol officer with bear spray hours before his death


Biden mulls first tax hike since 1993 to pay for economic stimulus

The bills HB 531 and SB 241 are part of nationwide efforts by Republicans to restrict voting.

Stacey Abrams, a Democratic power broker in Georgia, also termed the new bills “racist.”

Voting rights groups have been putting pressure on large Georgia corporations, like Coca-Cola, to speak out against the proposed voting restrictions. They put up billboards and took out full-page ads to urge companies to “stand up for Georgia.”
Opioid overdoses in the US are surging, and it's hitting the people most vulnerable to the pandemic


Sarah Al-Arshani
Mon, March 15, 2021

This illustration image shows tablets of opioid painkiller Oxycodon delivered on medical prescription taken on September 18, 2019 in Washington, DC. Eric Baradat/AFP via Getty Images


Opioid overdoses have surged throughout the pandemic, reaching a record last year.


The rise significantly impacted communities already vulnerable to the pandemic.


Latino and Black communities across the US are recording higher rises in overdose deaths.


Opioid overdoses are surging, and those being hit the most are communities already vulnerable to the pandemic.

Overdose fatalities hit a record high of more than 81,000 deaths during the 12-month period ending May 2020, the Centers for Disease Control and Prevention reported.

However, as the pandemic goes on, Black and Latino communities across the US are feeling the brunt of it.

NBC News reported that Latinos who have been already disproportionately impacted by COVID-19 are having a higher overdose rate in many states.

Orlando Colón, 55, who directs Casa Esperanza's residential recovery program for men, a Boston-based behavioral health facility, told NBC News that he's seeing double the usual demand during the pandemic.

"Unfortunately, we are now full. When one of the 50 beds we have is emptied, we call the next one on the list," he told the outlet, adding that those who can't get into treatment usually end up in shelters or homeless, where they most likely continue using drugs.

In Maryland, the Opioid Operational Command Center reported that from January to September 2020, opioid deaths increased by 27.3% for Latinos compared to a rise of 16% among non-Hispanic whites.

NPR reported growing research also shows that Black communities are dealing with higher overdose rates.

A peer-reviewed study in the Journal of the American Medical Association published in January found after analyzing drug overdose data in Philadelphia, overdose deaths rose by more than 50% for Black residents while remaining relatively flat for whites.

Researchers across other states are seeing similar patterns, NPR reported.

"COVID really just acted as salt in the wounds of health and social inequities, perpetuated by structural racism both in Philadelphia and across the country," Utsha Khatri, a researcher on the Philadelphia study. told NPR.











Mega-iceberg A74: German ship squeezes through narrow ice channel

Jonathan Amos - BBC Science Correspondent
Tue, March 16, 2021

A weekend satellite image with a zoom-in on the Polarstern

The German Research Vessel Polarstern has made a remarkable circumnavigation of Antarctica's latest mega-iceberg.

The ship sailed a complete circuit of the 1,290-sq-km (500 sq miles) frozen block, known as A74, at the weekend.

To do so, RV Polarstern had to navigate the very narrow channel that separates A74 from the Brunt Ice Shelf - the frozen floating platform from which the berg broke two weeks ago.


The EU's Sentinel-2 satellite managed to image the ship in the process.


Close-up view of crack that made mega-iceberg


Big iceberg breaks from Antarctica near UK base


RV Polarstern at the eastern edge of A74 at the weekend

It was an opportunity too good to miss for the research icebreaker, which is operated by the Alfred Wegener Institute (AWI) in Bremerhaven.

The vessel was already working nearby on a pre-planned expedition, so it was easy enough to divert and conduct some serendipitous science.

To put A74 in context, it covers an area approaching that of Greater London in the UK. A similarly sized chunk of ice has not broken away from this particular sector of Antarctica since 1971.

It means the uncovered seafloor and the water column above it are now being exposed to the influence of sunlight, wind and temperature fluctuations in a way they haven't been for 50 years.

Polarstern sailed behind A74 through a channel in the ice that in places was less than 500m wide, in a bid to sample conditions before changes inevitably set in.


There are locations where the gap is still less than 500m

"I would want photos and video of the seafloor to see what was living there," commented Dr Huw Griffiths from the British Antarctic Survey (BAS).

"The iceberg isn't that wide so the distance under the ice shelf isn't that huge (about 30km from daylight maximum) but how much food gets there will depend on the currents.

"The geologists and glaciologists would want sediment cores to look at the history of the area. The oceanographers are bound to want current readings and water samples," he told BBC News.

Dr Griffiths recently published research detailing the extraordinary ability of seafloor organisms to flourish under ice cover some 250km from the open ocean.
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Ordinarily, it might have fallen to BAS scientists to conduct the sampling undertaken by AWI at the weekend, given that the British have a base just 23km from the fracture zone that created A74. But this research station, known as Halley, is currently closed.

In part, that's because of Covid; very little Antarctic science is being practised at present. But it's also because BAS has been waiting to see how the Brunt Ice Shelf would behave when bergs started to calve from the platform. A74 is one of two major breakaways that had been forecast. The second, if it happens, would be closer still to Halley.

The image at the top of this page was acquired by the Sentinel-2 satellite on Sunday and shows (inset) the position of the RV Polarstern at the time of the overflight. The picture was prepared by Dr Bert Wouters from Utrecht University and the Delft University of Technology in the Netherlands.

The ship is now back in the main part of the Weddell Sea.

AWI said it would release details of the Polarstern's observations as the week progressed. Keep an eye on the institute's German and English twitter accounts, and also on its website.

Satellite tracking by Big Ocean Data records Polarstern's circumnavigation
Where is this in Antarctica?

A74 broke away from the Brunt Ice Shelf, which is the floating protrusion of glaciers that have flowed off the land into the Weddell Sea. On a map, the Weddell Sea is that sector of Antarctica directly to the south of the Atlantic Ocean. The Brunt is on the eastern side of the sea. Like all ice shelves, it will periodically calve icebergs.
Just how big is the new berg?

Satellite measurement puts it at around 1,290 sq km. Greater London is roughly 1,500 sq km; the Welsh county of Monmouthshire is about 1,300 sq km. That's big by any measure, although not as large as the monster A68 berg which calved in July 2017 from the Larsen C Ice Shelf on the western side of the Weddell Sea. That was originally some 5,800 sq km but has since shattered into many small pieces.


Map of Antarctic region
Quaking in their beds, sleepless Icelanders await volcanic eruption

A view of the eruption site near Keilir

Nikolaj Skydsgaard and Jacob Gronholt-Pedersen
Mon, March 15, 2021

COPENHAGEN (Reuters) - Icelanders are yearning for some undisturbed shut-eye after tremors from tens of thousands of earthquakes have rattled their sleep for weeks in what scientists call an unprecedented seismic event, which might well end in a spectacular volcanic eruption.

"At the moment we're feeling it constantly. It's like you're walking over a fragile suspension bridge," Rannveig Gudmundsdottir, a lifelong resident in the town of Grindavik, told Reuters.

Grindavik lies in the southern part of the Reykjanes Peninsula, a volcanic and seismic hot spot, where more than 40,000 earthquakes have occurred since Feb. 24, exceeding the total number of earthquakes registered there last year.

Located between the Eurasian and the North American tectonic plates, Iceland frequently experiences earthquakes as the plates slowly drift in opposite directions at a pace of around 2 centimetres each year.

The source of the past weeks' earthquakes is a large body of molten rock, known as magma, moving roughly one kilometre (0.6 mile) beneath the peninsula, as it tries to push its way to the surface.

"We've never seen so much seismic activity," Sara Barsotti, volcanic hazards coordinator at the Icelandic Meteorological Office (IMO) told Reuters.

Some of those quakes clocked in at magnitudes as high as 5.7.

"Everyone here is so tired," Gudmundsdottir, a 5th grade school teacher, said. "When I go to bed at night, all I think about is: Am I going to get any sleep tonight?".

Many in Grindavik have visited relatives, spent time in summer houses, or even rented a hotel room in Reykjavik, the capital, just to get a break and a good night's sleep.

Authorities in Iceland warned of an imminent volcanic eruption on the peninsula in early March, but said they did not expect it to disturb international air traffic or damage critical infrastructure nearby.

Unlike the eruption in 2010 of the Eyjafjallajökull volcano, which halted approximately 900,000 flights and forced hundreds of Icelanders from their homes, the eruption on the peninsula is not expected to spew much ash or smoke into the atmosphere.

Experts are expecting lava to erupt from fissures in the ground, possibly resulting in spectacular lava fountains, which could extend 20 to 100 metres in the air.

Already last year authorities put an emergency plan in place for Grindavik. One option includes putting locals on boats in the North Atlantic, if an eruption shuts roads to the remote town.

"I trust the authorities to keep us informed and evacuate us," Gudmundsdottir said. "I'm not scared, just tired."

(Reporting by Nikolaj Skydsgaard and Jacob Gronholt-Pedersen; Editing by Emelia Sithole-Matarise)

Column: UC achieves another big win in its long battle with major scientific publishers

THE PRINTERS MOTTO
FREEDOM OF THE PRESS BELONGS 
TO THOSE
THAT OWN ONE --- A J LIEBLING
https://eng.ichacha.net/zaoju/freedom%20of%20the%20press%20belongs%20to%20those%20who%20own%20one.html

Michael Hiltzik
Tue, March 16, 2021

Researchers at Berkeley, above, and UC's nine other campuses
 will have the right to publish under a new system starting 
next month. (Josh Edelson / For The Times)

The University of California is declaring victory in its long battle with the world's largest publisher of scientific, technical and professional journals.

UC announced Tuesday a new four-year deal with Netherlands-based Elsevier that will make all research published by UC authors in some 2,500 Elsevier journals subject to the open-access publishing model.

That's a model in which researchers pay a fee to publish their papers in the journals, but the papers are made available to readers for free and without journal subscriptions.

We remained focused on our long-term goals, and standing by them was a path to success in these negotiations.
Ivy Anderson, University of California

By forging an accord between two scientific behemoths, the deal is perhaps the most important leap forward in the open-access movement. The university says it generates nearly 10% of all published research in the United States.

That has made it a significant partner of Elsevier, which has published about 18% of all UC output. The partnership frayed, however, due to the conflict over the two parties' differences over scientific publishing models.

The deal fulfills two major UC goals — making its research more broadly available and slowing the growth of its publication budget.

Both goals were hampered by the near-monopolization of academic publishing by for-profit companies that took root in the 1960s. The publishers paid nothing for research funded publicly, then placed the research behind paywalls and ramped up subscription charges steeply, straining university budgets.

"We're a public institution, and almost all of the research done by our scholars is funded by taxpayer dollars," says Jeff MacKie-Mason, the university librarian and co-chair of UC's negotiating team. "We're doing this to make the results of that research available to the people who are paying for it rather than making them pay again to read it."

The deal came after more than two years of brinksmanship between UC and Elsevier that involved UC's dropping its subscriptions to Elsevier publications at the end of 2018, a point when the two sides seemed to have reached an impasse. It also follows a similar deal UC reached last June with Springer Nature, the second-largest scientific publisher.

Elsevier's reluctance to yield on UC's demand to move to 100% open access wasn't surprising, given the success of its prevailing model: Its operating profit — that is, that of the scientific, technical and medical publishing arm of its Netherlands parent, Relx — came to $1.4 billion in 2020 on revenue of $3.74 billion.

"We remained focused on our long-term goals, and standing by them was a path to success in these negotiations," says Ivy Anderson, the associate executive director of UC's California Digital Library and co-chair of the negotiating team.

Although Elsevier has reached open-access agreements with other research institutions, this is the largest and farthest-reaching of its kind.

"This is something of a landmark for us," Gemma Hersh, a senior vice president at Elsevier, told me. "It really reflects the journey we've been on with our customers over the last two years."

The agreement announced Tuesday kicks in on April 1 and is valued at about $13 million. That's about what the university expected to pay if it simply renewed the former Elsevier agreement in 2018. But UC estimates that it's an effective 7% reduction in costs, given inflation in the intervening two years.

The sum is an estimate of what the university will pay in publication charges, which average about $3,000 per paper; historically, UC has provided about 4,700 papers to Elsevier journals per year.

Several of Elsevier's highest-profile journals — including the Lancet, a British medical journal, and biomedical publications of Cell Press — charge as much as three times as much.

The Lancet and Cell Press publications will be made subject to the Elsevier agreement over the next two years. The agreement means that UC effectively obtains access rights to Elsevier's journals for free.

UC researchers will retain the right to opt out of the open-access terms. But MacKie-Mason and Anderson expect the majority of UC scholars to publish via open access. Major research funding sources, including U.S. government agencies, allow publication charges to be paid out of research grants, and UC will cover those fees for researchers without grants.

We've chronicled UC's more than two-year battle with Elsevier at length, but a recap would be useful to show how far the publisher has come in that period.

The battle began in 2018, as the university started negotiating a renewal of its five-year contract for subscriptions to Elsevier's journals.

UC's faculty and administration had been committed to open access since 2013, when university policy started requiring UC authors to deposit versions of their papers or links in its eScholarship online repository; by then the repository held more than 200,000 items available to the public for free.

The UC negotiators' goal was to incorporate open access in a so-called publish-and-read model, through which its subscriptions to the journals would be merged with publishing fees for its scholars' papers in a single deal, hopefully at a money-saving rate.

UC subscription costs were then about $11 million, and it estimated that the university and its authors were paying Elsevier about $1 million a year in publication fees.

Elsevier had no interest in such a deal, MacKie-Mason told me that December. “They’re the most powerful publisher in the world, and they act like it,” he said. "They’ve been unyielding.”

Elsevier was willing only to test an open-access fee arrangement as a pilot program, but only on a small scale and separately from the subscription contract. The university felt that fell well short of the goal of converting UC's entire output to open access.

With no agreement reached, UC allowed its subscriptions to lapse at the contract expiration date, Dec. 31, 2018. The publisher allowed scholarly access to continue while it tried to reach a new agreement with the university.

But Elsevier finally pulled the plug on July 10, 2019, cutting off access to papers published after the previous Jan. 1. (Journals published before that date and subject to the prior contract were still accessible.)

MacKie-Mason and Anderson say the cutoff was an inconvenience but not a critical one.

The university had a multitude of other methods to secure legal access to papers that its researchers and students needed, including interlibrary loans, requests to papers' authors, and downloading of "preprints," which are non-peer-reviewed versions of papers deposited in public repositories. Individual articles could also be purchased from the journals.

The process sometimes involved delays, but "there was not a single article we could not gain legal access to" during the dispute, MacKie-Mason told me.

Elsevier has said throughout the dispute that it wasn't averse to the open-access model per se but doubted that it would serve all its customers equally. Moreover, the vast bulk of its published material falls within the old model — 483,000 articles published under the subscription model in 2020, versus 81,000 under open access.

But the ground has been shifting under the publishers' traditional model. The number of subscription articles has been increasing by about 5% a year since 2010, while open-access articles have increased by an annual average of 55% in the same period.

Journals devoted entirely to open access gained high prestige in the marketplace, including the Public Library of Science, or PLoS, which was founded in 2001 by scientists at Berkeley, Stanford and the National Cancer Institute.

In 2018, a consortium of 11 European research agencies decreed that by 2020 every paper they fund would have to be freely available from the moment of publication, an initiative known as Plan S.

The decree meant that papers would no longer be able to appear in high-profile journals such as Science, Nature or Elsevier’s Cell and Lancet unless their business models changed drastically. After the addition of some flexible features, the plan started being implemented by funding agencies this year.

Public institutions in Germany and Sweden also dropped their Elsevier subscriptions to protest the firm’s resistance to full open access. The National Library of Sweden, which represents more than 80 Swedish universities, research institutions and government agencies, reached an open-access agreement with the publisher in late 2019. German institutions still haven't reached a deal, however.

Other major publishers have also fallen into line with open access. UC has deals with eight publishers, including the world's second largest, Springer Nature (though the terms of the open-access arrangement for Nature publications are still being worked out).

Before its contract with Elsevier, the National Library of Sweden had reached agreements with Springer Nature, Wiley, Taylor & Francis, Sage and Oxford University Press, the five largest scientific publishers other than Elsevier.


Another important factor was the pandemic. Research into COVID-19 benefited from an unprecedented dismantling of the paywalls blocking access to scientific research, allowing researchers to access one another's findings virtually in real time.

Elsevier, Springer and other publishers temporarily dropped their paywalls on coronavirus-related research, though they said the free access would be limited to the duration of the crisis and wouldn't apply to other published research. Some research was posted publicly by authors as preprints and carried cautionary notices that it hadn't been vetted by peer reviewers.

The broadening of access turbocharged the spread of knowledge about the novel coronavirus and sped up the process of developing vaccines.

"Making what the public has paid for available for the public to use has been a huge win for society," MacKie-Mason says.

This story originally appeared in Los Angeles Times.

After 68 years in prison, 

Joe Ligon hopes for a 

"better future"






CBS News

The United States has long led the world in the number of children sentenced to life in prison without the possibility of parole. Pennsylvania has put more juveniles behind bars for life than anywhere else in the country.

Of those people, Joe Ligon has the tragic distinction of being the oldest and longest-serving "juvenile lifer" in the country. The 83-year-old was released from prison in February after serving nearly seven decades for crimes he committed when he was 15.

"What was the first thing you did as a free man?" CBS News' Michelle Miller asked Ligon in his first U.S. television interview.

"I almost cried," he said. "Ok. But I broke down with a big smile on my face. A free man. Free at last."

Ligon, the son of Alabama sharecroppers, was incarcerated when Dwight D. Eisenhower was president and Nat King Cole's "Pretend" was on the music charts. He returns to a changed world, pointing out buses and buildings he had never seen before.

"I went to the window and I looked out and when I seen all these high buildings. But I expect to see that," Ligon said. "They locked me up. They did. But they didn't lock my mind up."

In 1953, Ligon and four other Black teenagers were involved in an alcohol-fueled spree of robberies and stabbings in Philadelphia in which two people died.  

"I was guilty of being at the wrong place at the wrong time. It wasn't with the intention of hurting nobody. I didn't murder anybody," he said.

"There are people out there who are gonna watch and they're gonna say, 'He stabbed someone. He committed a crime.' You say to them what?" Miller asked.

"I'm sorry that I committed a crime. I'm sorry that someone was murdered, I'm sorry about that," Ligon responded.

He concedes he did stab someone that night but maintains he didn't kill anyone and said he's a changed man.

"Did you feel remorse for what you did?" Miller asked Ligon. 

"Yes, I did. Yes, I did. I had to feel remorse," he said.

The teenagers were tried together. They pleaded guilty and were convicted of two counts of first-degree murder and sentenced to life in prison with no chance of ever getting out.

Bradley Bridge, an assistant defender at the Defender Association of Philadelphia, has represented Ligon for more than 15 years. He told Miller that he sensed injustice and was compelled to do something about it.

"Joe was convicted largely by guilt by association. There were four kids that were tried together. And a lot of the evidence against one child was considered against the other two or three other children," Bridge said. "If this case went forward to trial today, he'd probably be found guilty of a manslaughter charge...and maybe third-degree murder and might do five to ten...or ten to twenty."

His fate started to change after a series of U.S. Supreme Court decisions found that mandatory life without parole sentences for juveniles were unconstitutional. In 2016, the Supreme Court ruled that all juvenile lifers should have a chance to be re-sentenced. But, after nearly seven decades behind bars, Ligon refused to be released on parole because he didn't want to be supervised for the rest of his life.

So they kept fighting until a federal judge recently vacated his sentence. He was released without parole. Bridge said Ligon's case is a representation of many issues in the criminal justice system.

"First of all, it symbolizes that we really should sentence people individually based on who they are and what it was that they did. So a mandatory sentence doesn't do that," he said. "And the second thing is that children are particularly unique in their ability to grow, change and reform themselves and therefore, giving an adult sentence to a child is inherently wrong."

Throughout everything, Ligon has had a supportive family, including his niece Valerie. Most of his immediate family has since died and the world may have changed, but Ligon said he's not dwelling on the past.

"Ain't nothing I can do about the past. But the only thing I can say, I just hope I have a better future," he said.

According to an estimate by the Vera Institute of Justice, it cost the state of Pennsylvania nearly three million dollars to incarcerate Ligon for 68 years, and that's without medical costs.

Ligon said he's planning his future and is considering using the custodial skills he learned in prison to get a job cleaning the offices of the lawyers who helped him get out.





Opinion

The case of the 82-year-old jfuvenile offender

 Mar 08, 2021;
By Albert B. Kelly | Guest Columnist

If you’ve never heard of Joe Ligon, it may be because he has spent most of his life behind bars.

I imagine that if there is one thing that might help give Ligon the sense that his life was not completely wasted, it’s that his story is part of a larger narrative that might change how we handle juvenile justice. When Joe Ligon walked out of prison recently, he was the oldest juvenile “lifer” in the country, having spent 68 years in prison.

Ligon began his prison life at age 15 in December 1953. He was no angel; he was convicted of first-degree murder after he and several other teens attacked multiple people in South Philadelphia — killing two and injuring six. They were accused of being in a gang, one that went on a crime spree that included robbery, assault, and ultimately murder.

Ligon has always maintained that while he was guilty of taking part in the robberies and assaults, he did not take a life — even as the prosecution stated that he alone was responsible for both murders. He was sentenced to life in prison without parole. In 2017, the U.S. Supreme Court ruled that automatic life sentences for juveniles were cruel and unusual punishment. Ligon’s sentence was changed from life without parole to 35 years to life.

Though eligible for parole after the ruling, Ligon did not apply because he did not want to be on parole with all of the conditions that were attached to it. His lawyer continued to argue that sentencing a juvenile to life was unconstitutional, and a federal judge agreed — ruling that the prosecution had three months to either re-sentence or release him. He was released last month without conditions. He now begins life outside of prison at the age of 82.

There are people who will argue that if you do the crime, you do the time. I don’t necessarily disagree, but not all time is equal. There’s Black time, and there’s white time, and the two are not the same. My point is that when it comes to crime and punishment, especially involving juveniles, the discussion is a lot more nuanced that many care to admit. One of the biggest obstacles to reform is the tendency to see the crime as the only thing that is true about the accused, especially when they’re Black.

In Joe Ligon’s case, he grew up in Alabama and dropped out of school in the third grade. Functionally illiterate when he arrived in Philadelphia with his family as a young teen, he couldn’t cut it in school and got caught up on the streets doing goodness knows what until December 1953. That kid never stood a chance.

I am astounded to think about the time that has passed and the changes that have taken place between his arrest in 1953 and his release this year. When Ligon went into prison, Dwight Eisenhower, our 34th president, was wrestling with how to get us out of the Korean War. The civil rights movement as we know it had not yet begun, and no one knew the names Rosa Parks or Martin Luther King Jr. Sen. Joe McCarthy was hunting communists.

But, it’s the smaller things, the changes in the daily stuff of life that astound even more. Riding in a modern car, using today’s technological devices and dealing with the computerization of just about everything, show just how far removed the life of 1953 is from the life of 2021.

If it’s astounding to think about the history and the changes in society over the past 68 years, what about the changes in someone’s life, someone like Joe Ligon? If we can ever get to where we consider that, especially for juvenile offenders, incarceration should be as much about rehabilitation as punishment, we have to allow for the possibility that juvenile offenders can be rehabilitated to society’s benefit.

The nation’s highest court considers life without parole for juvenile offenders to be cruel and unusual punishment for the individual, and they’re right. Yet, I also believe that if we still have lives like Joe Ligon’s rotting behind bars for decades, it becomes cruel and unusual for the rest of us — whether we realize it or not.



Albert B. Kelly is mayor of Bridgeton. NJ