Santa Clara University

Report Overview:
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Other (253)


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Other (253)
Mexicanos en Silicon Valley 10/12/2010 aeromexico escala Text View Clip
A Surprising and Countercultural Secret to Happiness 10/10/2010 Psychology Today - Online Text View Clip
Ethnic spat erupts in changing OC dist... 10/10/2010 St. Louis Post-Dispatch - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Denver Post - Online, The Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Salon.com Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 USA Today - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Omaha World-Herald - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Press Democrat - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Forbes - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Boston Globe - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 San Diego Union-Tribune - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Sarasota Herald-Tribune - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Reading Eagle - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 KMOV-TV - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Marin Independent Journal - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Tri-City Herald - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Fort Worth Star-Telegram - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Fresno Bee - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Real Clear Politics Blog, The Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Journal Gazette - Online Bureau, The Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Sacramento Bee - Online, The Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Modesto Bee - Online, The Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Lexington Herald-Leader - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Tribune - Online, The Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Bellingham Herald - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Daily Herald Newspapers - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Summit Daily News Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Sioux City Journal - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 FOXNews.com Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Columbus Ledger-Enquirer - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Dayton Daily News - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Billings Gazette - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Boston Globe - Online Text View Clip
Ethnic spat erupts in changing OC district 10/10/2010 Centre Daily Times - Online Text View Clip
Race factor in contest between Hispanic, Vietnamese candidates for Congress 10/10/2010 Morning Call - Online Text View Clip
Race factor in contest between Hispanic, Vietnamese candidates for Congress 10/10/2010 Sun Sentinel - Online Text View Clip
Report: Prosecutor error unpunished 10/10/2010 Modesto Bee, The Text
Report: Prosecutor error unpunished in state, San Joaquin Valley 10/10/2010 Sacramento Bee - Online, The Text View Clip
Santa Clara University dedicates new Locatelli Student Activity Center 10/10/2010 Contra Costa Times - Online Text View Clip
Santa Clara University dedicates new Locatelli Student Center 10/10/2010 San Jose Mercury News - Online Text View Clip
The Conversation: Can California confront costs of the death penalty? 10/10/2010 Sacramento Bee - Online, The Text View Clip
A special report on the world economy: Smart work 10/09/2010 The Economist Text
Blackwell Companions to Philosophy a Companion to Early Modern Philosophy 10/09/2010 ARN - Online Text View Clip
Caregiving: What's on tap for baby boomers 10/09/2010 Berkshire Eagle Text View Clip
Judge denies defense motion for mistrial in Los Gatos murder-for-hire trial 10/09/2010 Oroville Mercury-Register Text View Clip
Meg Whitman fuzzes Rose Bird quote as Jerry Brown backpedals 10/09/2010 San Francisco Chronicle - Online Text View Clip
Prop. 19 passage could spark U.S.-California legal war over pot 10/09/2010 Fresno Bee - Online Text View Clip
South Bay college student finds FBI tracker 10/09/2010 ABC Local - Online Text View Clip
Summer of Really Big Court Decisions 10/09/2010 xbiz.com Text View Clip
Summer of Really Big Court Decisions 10/09/2010 xbiz.com Text View Clip
DRAMA-FILLED DAY FOR DEFENSE 10/08/2010 San Jose Mercury News Text
Leon Panetta Talks about National Security and the Law at Santa Clara University 10/08/2010 KGO-TV Text View Clip
Met Whitman fuzzes Rose Bird quote as Jerry Brown backpedals 10/08/2010 San Francisco Chronicle - Online Text View Clip
Not Everyone Is AWOL 10/08/2010 Inside Higher Ed Text View Clip
Prop. 19 passage could spark U.S.-California legal war over pot 10/08/2010 Sacramento Bee - Online, The Text View Clip
Prop. 19 passage could spark U.S.-California legal war over pot 10/08/2010 Sacramento Bee - Online, The Text View Clip
State Prosecutors As Corrupt as Federal Prosecutors : Dispatches from the Culture Wars 10/08/2010 Science Blog Text View Clip
Author of 'The Circuit' tells Shoreline students the key to success is education 10/07/2010 Santa Cruz Sentinel Text
COLLEGE'S ENDOWMENT GROWS NEARLY 14% 10/07/2010 San Jose Mercury News Text
Governor's race offers stark choice in shaping judiciary 10/07/2010 Alameda Times-Star Text
Governor's race offers stark choice in shaping judiciary 10/07/2010 Oakland Tribune Text
Governor's race offers stark choice in shaping judiciary 10/07/2010 Argus, The Text
Governor's race offers stark choice in shaping judiciary 10/07/2010 Santa Cruz Sentinel - Online Text View Clip
Governor's race offers stark choice in shaping judiciary 10/07/2010 San Jose Mercury News - Online Text View Clip
Judge denies defense motion for mistrial in Los Gatos murder-for-hire trial 10/07/2010 San Jose Mercury News - Online Text View Clip
Santa Clara University's endowment up 13.9% 10/07/2010 InsideBayArea.com Text View Clip
Smart work 10/07/2010 The Economist Text View Clip
UC Santa Barbara Engineering 10/07/2010 BioPortfolio Text View Clip
Undergrads may have an edge in tough job market 10/07/2010 ABC Local - Online Text View Clip
What's on tap for boomers 10/07/2010 Daily Comet - Online, The Text View Clip
What's on tap for boomers 10/07/2010 Houma Courier - Online Text View Clip
"Potent new report about prosecutorial misconduct in California" 10/06/2010 Environmental Law Professors Text View Clip
"Prosecutorial Misconduct Is Rarely Punished, Says New Study" 10/06/2010 Point of Law blog Text View Clip
Author of 'The Circuit' tells Shoreline students the key to success is education 10/06/2010 San Jose Mercury News - Online Text View Clip
California Pot Legalization Wouldn't Trump Federal Law 10/06/2010 Media Awareness Project Text View Clip
California Prosecutorial Misconduct Report Poses Interesting Questions 10/06/2010 Environmental Law Professors Text View Clip
Health Reform Facing Early Legal Tests 10/06/2010 Kaiser Health News Text View Clip
If California Legalizes Pot, How Will the Feds React? - Law Blog - WSJ 10/06/2010 Law Blog - Wall Street Journal Blogs Text View Clip
IT IS WHAT HE NEEDS TO DO TO STAND OUT AT SANTA CLARA UNIVERSITY'S FALL JOB FAIRE. 10/06/2010 ABC 7 News at 11 PM - KGO-TV Text
IT IS WHAT HE NEEDS TO DO TO STAND OUT AT SANTA CLARA UNIVERSITY'S FALL JOB FAIRE. 10/06/2010 ABC 7 News at 11 PM - KGO-TV Text
Officiating for the love of the game 10/06/2010 FOXSports.com Text View Clip
POLICE: CRAIGSLIST SALES END IN ROBBERIES 10/06/2010 Sun Sentinel Text
Prosecutors escape discipline, court scrutiny for misconduct 10/06/2010 California Watch Text View Clip
Santa Clara University's endowment up 13.9% 10/06/2010 Oakland Tribune Text
Santa Clara University's endowment up 13.9% 10/06/2010 San Mateo County Times Text
Santa Clara University's endowment up 13.9% 10/06/2010 Tri-Valley Herald Text
A Companion to Gender History 10/05/2010 ARN - Online Text View Clip
Another Study Shows Widespread Prosecutorial Misconduct, Little Sanction 10/05/2010 Reason Text View Clip
California Pot Legalization Wouldn't Trump Federal Law 10/05/2010 Wall Street Journal Text View Clip
From Occupation to Inhabitation 10/05/2010 Chronicle of Higher Education, The Text View Clip
Local students are Youth Citizens of the Year 10/05/2010 San Jose Mercury News - Online Text View Clip
Local students are Youth Citizens of the Year 10/05/2010 San Jose Mercury News - Online Text View Clip
'Obamacare' Aficionados Rejoice: ACA Litigation Blog Is Up and Running 10/05/2010 Law.com Text View Clip
Off With Our Heads! Schools Without Administrators 10/05/2010 Chronicle of Higher Education, The Text View Clip
Prosecuting offices' immunity tested 10/05/2010 USA Today Text View Clip
Prosecutorial Misconduct Goes Unpunished in California, Study Finds 10/05/2010 SF Weekly Text View Clip
Prosecutorial Misconduct Is Rarely Punished, Says New Study 10/05/2010 Law.com Text View Clip
Report depicts misconduct at Calif. courthouses 10/05/2010 ABC Local - Online Text View Clip
Report finds many prosecutors in California have committed misconduct 10/05/2010 Los Angeles Times - Online Text View Clip
Report finds many prosecutors in California have committed misconduct 10/05/2010 Los Angeles Times - Online Text View Clip
Report finds many prosecutors in California have committed misconduct 10/05/2010 Morning Call - Online Text View Clip
Report urges justice reform 10/05/2010 Los Angeles Times Text
Report: Prosecutors Rarely Punished for Misconduct 10/05/2010 Bay Citizen, The Text View Clip
Researchers Uncover Widespread Prosecutorial Misconduct in California 10/05/2010 Change.org Text View Clip
Sentencing Law and Policy: Potent new report about prosecutorial misconduct in California 10/05/2010 Sentencing Law and Policy Text View Clip
'SpeedBook' Tablet Lands Google In Court Before It Even Launches 10/05/2010 MediaPost.com Text View Clip
Spiritual Exercises -- Christian, Jewish, Ancient 10/05/2010 America: The National Catholic Weekly Text View Clip
Study: Prosecutorial Misconduct Ignored 10/05/2010 North Country Gazette Text View Clip
US WATCH -- CALIFORNIA: PUNISHMENT FOUND LACKING IN PROSECUTOR MISCONDUCT 10/05/2010 Wall Street Journal Text
White House Internship Program Announces Fall 2010 Participants 10/05/2010 WIVT-TV - Online Text View Clip
Altruism in the Service of Narcissism 10/04/2010 Psychology Today - Online Text View Clip
California's Prop 23 Would Put the Brakes on Clean Energy 10/04/2010 Triple Pundit Text View Clip
California's Prop 23 Would Put the Brakes on Clean Energy 10/04/2010 Triple Pundit Text View Clip
HUNDREDS OF CALIFORNIA PROSECUTORS COMMITTED MISCONDUCT WITH NO SANCTIONS ACCORDING TO NEW REPORT 10/04/2010 Witness LA Text View Clip
Justice on Trial 10/04/2010 Crime Report, The Text View Clip
Report depicts misconduct at Calif. courthouses 10/04/2010 ABC 7 Morning News at 5 AM - KGO-TV Text View Clip
Study: Calif. Courts Discipline Fewer Than 1% of Prosecutors They Find Committed Misconduct 10/04/2010 ABA Journal - Online Text View Clip
Study: California Federal Prosecutors Committed Misconduct in 22 Cases over Past Decade 10/04/2010 Main Justice - MainJustice Text View Clip
THAT IS ACCORDING TO SANTA CLARA UNIVERSITY OF LAW 10/04/2010 ABC 7 Weekend News at 5 PM - KGO-TV Text
THAT IS ACCORDING TO SANTA CLARA UNIVERSITY OF LAW 10/04/2010 ABC 7 News at 5 PM- KGO-TV Text
THE INNOCENCE PROJECT AT SANTA CLARA UNIVERSITY SCHOOL OF LAW REVIEWED 4,000 CASES OF ALLEGED MISCONDUCT FROM 1997-2009. 10/04/2010 ABC 7 News at 6 PM- KGO-TV Text
THE INNOCENCE PROJECT AT SANTA CLARA UNIVERSITY SCHOOL OF LAW REVIEWED 4,000 CASES OF ALLEGED MISCONDUCT FROM 1997-2009. 10/04/2010 ABC 7 News at 6 PM- KGO-TV Text
White House Internship Program Announces Fall 2010 Participants 10/04/2010 White House Bulletin Text
Brandi Chastain's magical final night on a soccer field in Santa Clara 10/03/2010 Santa Cruz Sentinel - Online Text View Clip
Brandi Chastain's magical final night on a soccer field in Santa Clara 10/03/2010 Cupertino Courier - Online Text View Clip
Contemporary Clinical Psychology, Second Edition 10/03/2010 ARN - Online Text View Clip
Create a Positive Image 10/03/2010 Wall Street Journal Text View Clip
Facebook: Social Breadcrumbs in the Dock 10/03/2010 ZDNet News Text View Clip
GETTING HER KICKS 10/03/2010 San Jose Mercury News Text
Viborg's Babajide Ogunbiyi aims high 10/03/2010 Kickoff.com Text View Clip
AND THIS IS ERIC GOLDMAN, AN ASSOCIATE PROFESSOR AT THE HIGH TECH LAW INSTITUTE IN SANTA CLARA UNIVERSITY SPECIALIZING IN AN AREA LIKE THIS. 10/02/2010 KRON 4 Morning News - KRON-TV Text
AND THIS IS ERIC GOLDMAN, AN ASSOCIATE PROFESSOR AT THE HIGH TECH LAW INSTITUTE IN SANTA CLARA UNIVERSITY SPECIALIZING IN AN AREA LIKE THIS. 10/02/2010 KRON 4 Morning News - KRON-TV Text
CRIME | THE INTERNET: Criminals increasingly using Craigslist, Miami-Dade police say 10/02/2010 Miami Herald, The Text
Criminals increasingly using Craigslist, Miami-Dade police say 10/02/2010 TMCnet.com Text View Clip
Self-awareness is power 10/02/2010 The Business Times (Singapore) Text
A whole-person approach to educating for sustainability 10/01/2010 International Journal of Sustainability in Higher Education Text
Additional charges may come for Rutgers students 10/01/2010 ABC Local - Online Text View Clip
Additional charges may come for Rutgers students 10/01/2010 ABC 7 Morning News at 5 AM - KGO-TV Text View Clip
Additional charges may come for Rutgers students 10/01/2010 KGO-TV Text View Clip
American Airlines sues Google over keyword ads 10/01/2010 ARN - Online Text View Clip
Brandi Chastain Fights the Flu 10/01/2010 Parents - Online Text View Clip
Hewlett-Packard springs unwelcome surprise by selecting recently dumped SAP chief as new CEO 10/01/2010 Orlando Sentinel - Online Text View Clip
Hewlett-Packard springs unwelcome surprise by selecting recently dumped SAP chief as new CEO 10/01/2010 Chicago Tribune - Online Text View Clip
Hewlett-Packard springs unwelcome surprise by selecting recently dumped SAP chief as new CEO 10/01/2010 San Francisco Examiner - Online Text View Clip
Hewlett-Packard springs unwelcome surprise by selecting recently dumped SAP chief as new CEO 10/01/2010 San Francisco Examiner - Online Text View Clip
HP Board Faces New Doubts After CEO Pick 10/01/2010 CBSNews.com Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Houston Chronicle - Online Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Asbury Park Press - Online Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Atlanta Journal-Constitution - Online Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Real Clear Politics Blog, The Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Forbes - Online Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Yahoo! Finance Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Yahoo! India Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Alaska Journal of Commerce - Online Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Associated Press (AP) Text
HP board's selection of new CEO raises new doubts 10/01/2010 AOL News Text View Clip
HP Board's Selection Of New CEO Raises New Doubts 10/01/2010 NPR - Online Text View Clip
HP Board's Selection Of New CEO Raises New Doubts 10/01/2010 WFTV-TV - Online Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Boston Globe - Online Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 al.com Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 OregonLive.com Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 phillyburbs.com Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Modesto Bee - Online, The Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 San Diego Union-Tribune - Online Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Times-Picayune - Online Text View Clip
HP board's selection of new CEO raises new doubts 10/01/2010 Palm Beach Post - Online Text View Clip
HP picks ex-software exec Leo Apotheker as new CEO 10/01/2010 One News Now Text View Clip
HP's New CEO Befuddles Investors, Wall Street 10/01/2010 Industrial Maintenance & Plant Operation - Online Text View Clip
HP's new CEO hints that software will be priority 10/01/2010 Seattle Times - Online Text View Clip
Judge orders turnover of woman's deleted Facebook posts 10/01/2010 The Register Text View Clip
Mark Hurd's Replacement HP CEO Raises Doubts 10/01/2010 ThirdAge Text View Clip
The Long View: Jim Kouzes 10/01/2010 T+D magazine, Training + Development Text View Clip
The Most Influential 10/01/2010 Human Resources Text
California Bar Foundation Grants 51 Scholarships to Aspiring Lawyers 09/30/2010 Metropolitan News-Enterprise - Online, The Text View Clip
COUNTY CURRENTS: Tools for nonviolence, change offered at tomorrow's Carry the Vision Conference 09/30/2010 Milpitas Post Text View Clip
HP Picks Ex-Software Exec Leo Apotheker As New CEO 09/30/2010 KIRO-TV - Online Text View Clip
HP picks ex-software exec Leo Apotheker as new CEO 09/30/2010 Brisbane Times Text View Clip
Santa Clara, California is 'Sports Central' 09/30/2010 Dayton Business Journal - Online Text View Clip
Scribd Facebook Instant Personalization is a Privacy Nightmare 09/30/2010 Wired News Text View Clip
A SANTA CLARA UNIVERSITY LAW PROFESSOR AGREES THAT THE CASE NEEDS TO BE CAREFULLY REVIEWED. 09/29/2010 NBC Bay Area News at 5 AM - KNTV-TV Text
A SANTA CLARA UNIVERSITY LAW PROFESSOR AGREES THAT THE CASE NEEDS TO BE CAREFULLY REVIEWED. 09/29/2010 NBC Bay Area News at 5 AM - KNTV-TV Text
Brandi Chastain hosts celebrity soccer game for retirement bash 09/29/2010 San Jose Mercury News - Online Text View Clip
CA officials ask appeals court to allow execution 09/29/2010 Real Clear Politics Blog, The Text View Clip
CA officials ask appeals court to allow execution 09/29/2010 One News Now Text View Clip
CA officials ask appeals court to allow execution 09/29/2010 Associated Press (AP) Text
CA officials ask appeals court to allow execution 09/29/2010 Atlanta Journal-Constitution - Online Text View Clip
Calif attorney general asks federal appeals court to allow 1st state execution since 2006 09/29/2010 Star Tribune - Online Text View Clip
CELEBRATING A CHAMPION 09/29/2010 San Jose Mercury News Text
Chastain in final game, and going out in style 09/29/2010 Campbell Reporter Text View Clip
Contactless cards at Santa Clara University used for more than just payment and access, couponing adds benefits 09/29/2010 ContactlessNews Text View Clip
Democrat Jerry Brown, Republican Meg Whitman spar over who can get a tough job done as Calif. governor 09/29/2010 KXTV-TV - Online Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Forbes - Online Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Motley Fool, The Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Salon.com Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 San Diego Union-Tribune - Online Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Breitbart Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Today Show - NBC News Network - Online Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Post-Standard - Online Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 AOL News Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Associated Press (AP) Text
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Dayton Daily News - Online Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Sarasota Herald-Tribune - Online Text View Clip
Fed judge blocks Calif. execution set for Thursday 09/29/2010 Huffington Post, The Text View Clip
Federal judge blocks Calif. execution set for Thursday 09/29/2010 USA Today - Online Text View Clip
Federal judge blocks Calif. execution set for Thursday after reassessing new injection method 09/29/2010 Medicine Hat News - Online Text View Clip
Federal judge blocks Calif. execution set for Thursday after reassessing new injection method 09/29/2010 Vernon Daily Courier Text View Clip
Judge orders turnover of woman's deleted Facebook posts 09/29/2010 The Register Text View Clip
Mark Purdy: Celebrating a champion 09/29/2010 San Jose Mercury News - Online Text View Clip
New Programs: Renewable Energy, Architectural Engineering Technology, Sustainability, Diabetes Education, Conservation Medicine 09/29/2010 Inside Higher Ed Text View Clip
ONE SANTA CLARA UNIVERSITY LAW PROFESSOR AGREES THE CASE NEEDS TO BE CAREFULLY REVIEWED. 09/29/2010 NBC Bay Area News at 4:30 AM - KNTV-TV Text
ONE SANTA CLARA UNIVERSITY LAW PROFESSOR AGREES THE CASE NEEDS TO BE CAREFULLY REVIEWED. 09/29/2010 NBC Bay Area News at 4:30 AM - KNTV-TV Text
Purdy: Brandi Chastain quits soccer with a final game for charity 09/29/2010 San Jose Mercury News - Online Text View Clip
Purdy: Celebrating a champion 09/29/2010 San Jose Mercury News - Online Text View Clip
San Jose Mercury News, Calif., Mark Purdy column 09/29/2010 American Chronicle Text View Clip
Santa Clara, California Is 'Sports Central' 09/29/2010 San Francisco Business Times - Online Text View Clip
Tips for conquering a fall internship 09/29/2010 Washington Post Text View Clip
US judge blocks Calif. execution set for Thursday 09/29/2010 Associated Press (AP) Text
BookRenter Names Gene Domecus Chief Financial Officer 09/28/2010 PRWeb Text View Clip
celebrating a champion 09/28/2010 Oakland Tribune Text
Chastain in final game, and going out in style 09/28/2010 San Jose Mercury News - Online Text View Clip
Commercial broker of the year finalist: Michael Rosendin has made his mark on the industry, sets example 09/28/2010 Business Review - Online Text View Clip
Copyright Owners Upset Over Two Recent Court Rulings that Cap Statuatory Damages 09/28/2010 InsideCounsel Text View Clip
Daily Business Report -- Sept. 28, 2010 09/28/2010 San Diego Metropolitan Text View Clip
Foley is honored by his peers with the NCEES Distinguished Service Award 09/28/2010 San Jose Mercury News - Online Text View Clip
Google sues allegedly rogue prescription drug advertisers 09/28/2010 Australian PC World Text View Clip
Increasingly, online rants proving costly 09/28/2010 Business Mirror Text View Clip
IS THERE A DIFFERENCE? A LAW PROFESSOR AT SANTA CLARA UNIVERSITY JOINS US TO TALK ABOUT THAT AND THIS CASE AS IT UNFOALS AS WE SPEAK. 09/28/2010 NBC Bay Area News at 5 AM - KNTV-TV Text
NBC's Education Nation: Policy Summit or Puppet Show? 09/28/2010 Chronicle of Higher Education, The Text View Clip
Northern California Innocence Project Part-Time , $21.29/hr. - $24.88/hr. Requisition Number (please reference): 1000744 For information about the benefits offered by Santa Clara University, please visit: http://www.scu.edu/hr/benefits/ 09/28/2010 Santa Clara Magazine - Online Text View Clip
Persian Traditional Music at Santa Clara University: Journey to Yarsan 09/28/2010 Payvand Iran News Text View Clip
San Jose Earthquakes are loose, playing well and closing on first trip to Major League Soccer playoffs 09/28/2010 Tri-Valley Herald Text
2 leading theologians to take part in lectures 09/27/2010 Toledo Blade Text
After Criticism, Scribd Changes Privacy Settings 09/27/2010 MediaPost.com Text View Clip
After Criticism, Scribd Changes Privacy Settings | Privacy News - PogoWasRight.org 09/27/2010 PogoWasRight.org Text View Clip
CA SANTA CLARA UNIV 09/27/2010 Associated Press (AP) Text
COMMERCIAL REAL ESTATE NEWS 09/27/2010 Business First of Louisville - Online Text View Clip
Judge clears way for Brown execution in California 09/27/2010 Merced Sun-Star - Online Text View Clip
Should all elected officials sign an ethics pledge...and stick to it? 09/27/2010 Psychology Today - Online Text View Clip
Why Is ROTC Different? 09/27/2010 Stanford Review, The Text View Clip
A Companion to Plato 09/26/2010 ARN - Online Text View Clip
HERE TO BREAK IT DOWN IS SANTA CLARA UNIVERSITY LAW PROFESSOR. 09/26/2010 CBS 5 Eyewitness News Sunday at 7:30 AM - KPIX-TV Text
HERE TO BREAK IT DOWN IS SANTA CLARA UNIVERSITY LAW PROFESSOR. 09/26/2010 CBS 5 Eyewitness News Sunday at 7:30 AM - KPIX-TV Text
Pizarro: Brandi Chastain calls on famous friends for farewell game 09/26/2010 SiliconValley.com Text View Clip
Pizarro: Brandi Chastain calls on famous friends for farewell game 09/26/2010 San Jose Mercury News - Online Text View Clip
Reporter THIS IS A PROFESSOR OF LAW FROM SANTA CLARA UNIVERSITY AND SAYS THE NINTH CIRCUIT COURT OF PALES WILL CONSIDERATE CASE. 09/26/2010 Channel 2 News at 10 PM - KTVU-TV Text
Reporter THIS IS A PROFESSOR OF LAW FROM SANTA CLARA UNIVERSITY AND SAYS THE NINTH CIRCUIT COURT OF PALES WILL CONSIDERATE CASE. 09/26/2010 Channel 2 News at 10 PM - KTVU-TV Text
SHE IS HEAD OF THE DEATH PENALTY COLLEGE AT SANTA CLARA UNIVERSITY. 09/26/2010 ABC 7 Morning News at 4:30 AM - KGO-TV Text
SHE IS HEAD OF THE DEATH PENALTY COLLEGE AT SANTA CLARA UNIVERSITY. 09/26/2010 ABC 7 News at 11 PM - KGO-TV Text
California murderer's execution OKd 09/25/2010 Los Angeles Times - Online Text View Clip
Hot New CTAs: What new managers can teach the old pros 09/25/2010 Buy The Rumors Sell The Fact Text View Clip
Judge clears path for executions to resume 09/25/2010 San Francisco Chronicle - Online Text View Clip
Murderer's execution cleared 09/25/2010 San Francisco Chronicle Text
Murderer's execution OKd 09/25/2010 Los Angeles Times Text


Mexicanos en Silicon Valley | View Clip
10/12/2010
aeromexico escala

Más de 150 años después, ya no es oro lo que buscan en California. Unos 65 kilómetros al sur de San Francisco está el valle de los genios que crean empresas como Hewlett Packard, Intel, Apple y Google. Cinco mexicanos nos cuentan su experiencia como parte del grupo de creadores que está llevando a cabo una revolución sin fronteras ni nacionalidades.

Aquí llegan los tenaces, con perseverancia a prueba de todo, que toman riesgos y adoran los caminos ignotos. “Esto es un mercado de ideas donde el extranjero no es rechazado. Te preguntan: ‘¿A qué vienes?'. Hay quien tiene la ociosidad de escucharte y, si le gusta lo que propones, entonces tu idea es valiosa y se echa a andar. Así es Silicon Valley”, dice Jorge Zavala, director ejecutivo de TechBa para la región. Llegó hace cinco años a la oficina de San José, California, sin saber qué esperar de esta andanza y con el nombramiento de “vinculador”. Empresario de larga experiencia en el mundo de las tecnologías, asegura que aquí se estimula la creatividad. “La regla es el networking: ¿qué haces tú? ¿qué hago yo? ¿cómo podemos colaborar?”.

En este lugar el ritmo de vida es vertiginoso. Cuando el mundo disfruta y comenta el último gadget, aquí se discuten los diseños de versiones que estarán disponibles dentro de cuatro o cinco años. La invitación a unirse a este “ecosistema”, como lo llama Zavala, es para los que no temen compartir información, aceptar críticas y emprender cambios. Mientras tanto, México es penúltimo lugar en ciencia y tecnología de la ocde (Organization of Economic Cooperation and Development). No son suficientes nuestros 15 mil investigadores certificados, y 20 mil en el sector industrial, y, aunque sus cabezas están llenas de propuestas innovadoras, lo cierto es que no está claro quién los escucha.

Hacer la diferencia

Durante su niñez, en un barrio latino, Bismarck Lepe pensaba que el prestigio estaba en un título de ingeniero o médico, pero “estudiar en Stanford me abrió los ojos”. Sus padres mexicanos trabajaron en la pizca de algodón. Él y sus hermanos nacieron en Estados Unidos. La pepita de oro estaba en la familia.Trabajó para Google y hoy, a sus 29 años, es cofundador y presidente de Estrategia de Producto de la empresa Ooyala (“cuna” en lengua telugu del sur de la India), creadora de una plataforma de video con un sistema de publicidad online que permite generar ganancias a través de la interactividad. Bismarck tiene entre sus clientes mexicanos a Televisa, TV Azteca y Multimedios, además de otros en todo el mundo, incluidos Warner Brothers, Armani y Dell. Ooyala –asentada en Mountain View– tiene dos años y medio en el mercado y, según Bismarck, es la tercera más grande entre diez empresas de este tipo en el mundo. Para lanzar Ooyala, Lepe se encerró con sus socios a trabajar sin descanso durante 35 días en casa de uno de ellos. “Algunas cosas son diferentes de como creemos que deberían; hay que perseguir la respuesta. La gente no es exitosa porque no sabe que puede serlo”.

Probar la resistencia

En este lugar, las objeciones y rechazos solo son una provocación para generar una major respuesta. Al llegar puntual a la cita con Natán Saad-Lipshitz de Dell, en Sunnyvale, donde es Program Management Strategist, noto que mira el reloj en su muñeca y hace un gesto aprobatorio. Aquí, el bien más preciado es el tiempo. Natán, hijo de inmigrantes, nació en México. Estudió en la unam y la Anáhuac y llegó a Stanford en los setenta para hacer un posgrado. Al poco tiempo los headhunters lo buscaron. Tras 17 años de trabajo en una empresa, se aventuró a unirse a una start-up (un negocio de emprendedores con prácticas asociadas a la innovación y desarrollo de tecnologías). En menos de tres años la empresa valía 44 millones de dólares. Cuando se busca inversionistas se debe llegar con el plan de negocios y con ideas traducidas a prototipos, porque te escucharán, pero dirán: “Ok, show me the company!”. Esto apenas será el inicio porque el resto “es un maratón”, asevera. Como líder de un equipo de investigadores, tiene claro que “hay que quitarse la idea de ‘yo soy el jefe y no me ensucio las manos'; hay que estar dispuesto al cambio para alcanzar metas comunes”. El trabajo está sujeto a objetivos, el horario no importa. Esta región es generadora de 45 por ciento del crecimiento industrial de Estados Unidos desde 1993, y se calcula que 41 de los 100 empresarios de tecnología más ricos de ese país residen en el valle.

Entender nuevos mundos

La educación para un mundo en el que la influencia de las nuevas tecnologías es ineludible, es lo que ocupa a Pedro Hernández Ramos, coordinador del Programa de Ciencia, Tecnología, Educación Ambiental y Matemáticas (steem, por sus siglas en inglés) de la Universidad de Santa Clara. En México se graduó como comunicólogo en la Universidad Iberoamericana. Más tarde fue consultor para empresas como Acer, Microsoft, y America Online, y dirigió un proyecto educativo de Apple. Supo entonces que quería dedicarse a investigar la relación entre las nuevas tecnologías y la educación. Pedro trabaja en nuevos esquemas de enseñanza para maestros. “Hoy los jóvenes pasan de cuatro a seis horas diarias con sus dispositivos electrónicos; así conocen el mundo. En el salón de clases no te prestan atención por más de tres minutos”. Lograr la integración del mundo real y el ciberespacio es el reto.

Alinear pasiones

A Cipriano Santos le gustan las matemáticas y casi todo su tiempo se le va en “mapear problemas y probar aplicaciones”. Es un caso especial en un sitio donde la rotación laboral constante es la norma. Ha hecho toda su carrera en Estados Unidos dentro de la misma empresa, Hewlett- Packard, donde es principal scientist del Business Optimization Lab en hp Labs, de Palo Alto. Su trabajo sobre el manejo de recursos y el negocio de la computación fue base del hp's Adaptive Enterprise Program, que permite a las compañías hacer fácilmente la transición a infraestructuras de it (tecnologías de información). Poseedor de 17 patentes, este egresado de la unam es experto en autocrítica, pues en su entorno “lo que se ve mal es que no preguntes o tengas crítica. Para los científicos es necesario el feedback”. Cipriano ha sabido alinear su pasión por las matemáticas puras con el trabajo. “El éxito es un proceso de aprendizaje, como la vida: no es puntual, siempre es dinámica y hay que irla resolviendo”. Como decía Goethe: “el genio, ese poder que deslumbra a los ojos humanos, no es a menudo otra cosa que perseverancia bien disfrazada”.

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A Surprising and Countercultural Secret to Happiness | View Clip
10/10/2010
Psychology Today - Online

We all want happiness and many of us search for it through fame, fortune, prestige, possessions, and sexual gratification. We are also wise enough to know that while money can't buy happiness it can indeed rent it for a little while (who can't enjoy some of the perks that come with having resources....staying at a nice swanky resort, lovely vacations, fine food and wine, a comfortable home in a safe area, and so forth). But a little known and considered secret to happiness can also include the notion that all we have and get in life is gift and grace and that we need to constantly remind ourselves of this important insight.
We obviously need goals, ambitions, and expectations to move forward in life but this must be thoughtfully tempered with the absence of expectations and entitlements. If we expect and demand a lot and feel entitled to things we are surely to be disappointed, dissatisfied, and disillusioned... in a word, unhappy!

Recently one of my clinical patients expressed a great deal of upset and frustration with a number of people in her life (her adult children, several relatives and extended family members, and some neighbors) that was causing her some sleepless nights, elevated blood pressure, and the likelihood of significant riffs in her important relationships. She expected others to behave in particular ways and felt upset that they don't live up to her high expectations. She expects a lot from others. Sound familiar? I encouraged her to maintain more reasonable expectations regarding what to expect from others and, since she is a devout Catholic, I encouraged her to reflect on the Prayer of St. Ignatius called the Suscipe (from the Latin word meaning "receive"; http://en.wikipedia.org/wiki/Suscipe).

The prayer states:

Receive, O Lord, all my liberty. Take my memory, my understanding, and my entire will. Whatsoever I have or hold, You have given me; I give it all back to You and surrender it wholly to be governed by your will. Give me only your love and your grace, and I am rich enough and ask for nothing more.' (Spiritual Exercises, #234)

This popular prayer (especially among Jesuit communities and institutions such as my own here at Santa Clara University) well reflects the notion that if we ask for God's love and grace and nothing more then we can better experience whatever we do get as a gift to be grateful for. I suppose it is similar to the current popular saying, "it's all good."

My maternal grandfather died at the age of 92 on New Year's Day, 1993. In the many years that I enjoyed a close relationship with him he never complained about anything including the many challenges of getting old and frail. He used to say with a smile that he wasn't supposed to live so long and so whatever he gets is gravy, a gift from God and thus he has nothing to complain about. He was always cheerful, content, and happy even at the end of his life while on his deathbed. His sense of peace, solace, gratefulness, and happiness was a by product of his faith and his perspective that all he had was gift and grace.

Like my grandfather, doing the right thing for ourselves (and perhaps for others) in our efforts to secure happiness, contentment, satisfaction, and peace might include seeing all that we have as gift and grace. I'd bet we'd all be much happier if we could do so.

Easier said than done I know but perhaps something to consider and strive towards...don't you think?

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Ethnic spat erupts in changing OC dist... | View Clip
10/10/2010
St. Louis Post-Dispatch - Online

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District _ which shares little with the affluent beachfront communities that give Orange County its fame _ Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" _ words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful _ like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county _ home to Disneyland _ is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district _ which includes Santa Ana, Garden Grove, Anaheim and Fullerton _ is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez _ even though many are Republicans _ will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Denver Post - Online, The

To the surprise of many voters in California's gritty, urban 47th District—which shares little with the affluent beachfront communities that give Orange County its fame—Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful—like Louisiana's 2nd Congressional District —— have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county—home to Disneyland—is now far more diverse

The district—which includes Santa Ana, Garden Grove, Anaheim and Fullerton—is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez—even though many are Republicans—will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Salon.com

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District -- which shares little with the affluent beachfront communities that give Orange County its fame -- Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" -- words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful -- like Louisiana's 2nd Congressional District ---- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county -- home to Disneyland -- is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district -- which includes Santa Ana, Garden Grove, Anaheim and Fullerton -- is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez -- even though many are Republicans -- will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
USA Today - Online

SANTA ANA, Calif. — The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District — which shares little with the affluent beachfront communities that give Orange County its fame — Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" — words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful — like Louisiana's 2nd Congressional District —— have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county — home to Disneyland — is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district — which includes Santa Ana, Garden Grove, Anaheim and Fullerton — is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15% are Asian.

About 47% of the district's voters are Democrats and 31% are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez — even though many are Republicans — will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Omaha World-Herald - Online

SANTA ANA, Calif. (AP) - The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District - - have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Press Democrat - Online

SANTA ANA, Calif. - The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Forbes - Online

SANTA ANA, Calif. -- The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Boston Globe - Online

SANTA ANA, Calif.—The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District -- which shares little with the affluent beachfront communities that give Orange County its fame -- Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" -- words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful -- like Louisiana's 2nd Congressional District ---- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county -- home to Disneyland -- is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district -- which includes Santa Ana, Garden Grove, Anaheim and Fullerton -- is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
San Diego Union-Tribune - Online

Sunday, October 10, 2010 at 9 a.m.

SANTA ANA, Calif. — The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Sarasota Herald-Tribune - Online

SANTA ANA, Calif. - The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Reading Eagle - Online

Race factor in contest between Hispanic, Vietnamese candidates for Congress

SANTA ANA, Calif. -

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District which shares little with the affluent beachfront communities that give Orange County its fame Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county home to Disneyland is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district which includes Santa Ana, Garden Grove, Anaheim and Fullerton is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez even though many are Republicans will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
KMOV-TV - Online

SANTA ANA, Calif. (AP) — The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District — which shares little with the affluent beachfront communities that give Orange County its fame — Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" — words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful — like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county — home to Disneyland — is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district — which includes Santa Ana, Garden Grove, Anaheim and Fullerton — is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez — even though many are Republicans — will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Marin Independent Journal - Online

SANTA ANA, Calif.—The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District—which shares little with the affluent beachfront communities that give Orange County its fame—Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic"—words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in

such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful—like Louisiana's 2nd Congressional District —— have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county—home to Disneyland—is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district—which includes Santa Ana, Garden Grove, Anaheim and Fullerton—is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez—even though many are Republicans—will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Tri-City Herald - Online

SANTA ANA, Calif. The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Fort Worth Star-Telegram - Online

SANTA ANA, Calif. —

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Fresno Bee - Online

Posted at 09:06 AM on Sunday, Oct. 10, 2010

A handful of Calif. House seats in play this Nov.

California congressional races at a glance

Parties battle over supermajority in Legislature

Bill Clinton plans Calif. trip to back Sanchez

SANTA ANA, Calif. -- The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Real Clear Politics Blog, The

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District — which shares little with the affluent beachfront communities that give Orange County its fame — Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" — words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful — like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county — home to Disneyland — is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district — which includes Santa Ana, Garden Grove, Anaheim and Fullerton — is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez — even though many are Republicans — will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Journal Gazette - Online Bureau, The

National Weather Service

SANTA ANA, Calif. – The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

KOLONTAR, Hungary (AP) - The wall of a reservoir filled with caustic red sludge will inevitably collapse and unleash a new deluge of red sludge that could flow about a half-mile (1 kilometer) to the north, a Hungarian official said Sunday.

Authorities say vandalism may be the cause of an apparent vehicle explosion in the parking garage of a hotel that prompted evacuations less than a mile from a Los Angeles-area harbor.

Police found no drugs at a home in central Washington after 12 young people were sickened by an unknown substance and hospitalized.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Sacramento Bee - Online, The

SANTA ANA, Calif. -- The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Modesto Bee - Online, The

SANTA ANA, Calif. -- The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Lexington Herald-Leader - Online

SANTA ANA, Calif. -- The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

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"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Tribune - Online, The

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Bellingham Herald - Online

SANTA ANA, Calif. The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Daily Herald Newspapers - Online

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District _ which shares little with the affluent beachfront communities that give Orange County its fame _ Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" _ words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful _ like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county _ home to Disneyland _ is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district _ which includes Santa Ana, Garden Grove, Anaheim and Fullerton _ is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez _ even though many are Republicans _ will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Summit Daily News

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Sioux City Journal - Online

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District _ which shares little with the affluent beachfront communities that give Orange County its fame _ Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" _ words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful _ like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county _ home to Disneyland _ is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district _ which includes Santa Ana, Garden Grove, Anaheim and Fullerton _ is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez _ even though many are Republicans _ will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
FOXNews.com

SANTA ANA, Calif. – The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District — which shares little with the affluent beachfront communities that give Orange County its fame — Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" — words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful — like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county — home to Disneyland — is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district — which includes Santa Ana, Garden Grove, Anaheim and Fullerton — is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez — even though many are Republicans — will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Columbus Ledger-Enquirer - Online

SANTA ANA, Calif. -- The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Dayton Daily News - Online

SANTA ANA, Calif. — The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District — which shares little with the affluent beachfront communities that give Orange County its fame — Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" — words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful — like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county — home to Disneyland — is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district — which includes Santa Ana, Garden Grove, Anaheim and Fullerton — is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez — even though many are Republicans — will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Copyright 2010, The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Billings Gazette - Online

The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District _ which shares little with the affluent beachfront communities that give Orange County its fame _ Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" _ words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful _ like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county _ home to Disneyland _ is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district _ which includes Santa Ana, Garden Grove, Anaheim and Fullerton _ is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez _ even though many are Republicans _ will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Boston Globe - Online

SANTA ANA, Calif.The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District -- which shares little with the affluent beachfront communities that give Orange County its fame -- Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" -- words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful -- like Louisiana's 2nd Congressional District ---- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county -- home to Disneyland -- is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district -- which includes Santa Ana, Garden Grove, Anaheim and Fullerton -- is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession. Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez -- even though many are Republicans -- will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said. �

Return to Top



Ethnic spat erupts in changing OC district | View Clip
10/10/2010
Centre Daily Times - Online

SANTA ANA, Calif. T

To the surprise of many voters in California's gritty, urban 47th District - which shares little with the affluent beachfront communities that give Orange County its fame - Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" - words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful - like Louisiana's 2nd Congressional District -- have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county - home to Disneyland - is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district - which includes Santa Ana, Garden Grove, Anaheim and Fullerton - is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez - even though many are Republicans - will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

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Race factor in contest between Hispanic, Vietnamese candidates for Congress | View Clip
10/10/2010
Morning Call - Online

11:31 a.m. EST, October 10, 2010

SANTA ANA, Calif. (AP) — The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District — which shares little with the affluent beachfront communities that give Orange County its fame — Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" — words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful — like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county — home to Disneyland — is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district — which includes Santa Ana, Garden Grove, Anaheim and Fullerton — is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez — even though many are Republicans — will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Copyright 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Race factor in contest between Hispanic, Vietnamese candidates for Congress | View Clip
10/10/2010
Sun Sentinel - Online

12:31 p.m. EDT, October 10, 2010

SANTA ANA, Calif. (AP) — The changing face of one of Southern California's wealthiest counties helped Democrat Loretta Sanchez win an upset election to Congress 14 years ago, as Latinos arrived as a political force. Now, a rising tide of Vietnamese political clout has her fighting to hang onto her seat.

To the surprise of many voters in California's gritty, urban 47th District — which shares little with the affluent beachfront communities that give Orange County its fame — Sanchez recently injected the thorny issue of race into the campaign. Speaking on Spanish-language network Univision, she said "the Vietnamese and Republicans" were trying "to take this seat from us... and give it to this Van Tran who is very anti-immigrant and very anti-Hispanic" — words she later conceded were poorly chosen.

Vietnamese-American state Assemblyman Van Tran, Sanchez's first serious challenger, said he was offended by the remarks and called them a "racial rampage" against Vietnamese-Americans, who came to Southern California as refugees 35 years ago and built a bustling commercial hub in the heart of Orange County.

"You're seeing two emerging communities ... seeing themselves not as potential allies in these kinds of head-to-head races but as foes in a zero sum game and that becomes dangerous," said James Lai, a political science professor at Santa Clara University.

There is no other district with candidates hailing from two sizable ethnic communities in such a potentially close race, according to Democrat and Republican Congressional Campaign committees. Many contests pit a white against a minority candidate. A handful — like Louisiana's 2nd Congressional District __ have a race between two minority contenders but they rarely have support in two large ethnic constituencies.

For many years, Orange County was seen as a wealthy white suburb of Los Angeles. But the county — home to Disneyland — is now far more diverse thanks to growing Latino and Asian-American communities, and non-Hispanic whites make up less than half of the population.

The district — which includes Santa Ana, Garden Grove, Anaheim and Fullerton — is no stranger to ethnic controversy. In 1996, Sanchez's conservative predecessor Bob Dornan, known as "B-1 Bob" for his support of military programs and his bombastic personality, claimed many who cast a ballot for his opponent were ineligible to vote. A decade later, the Republican candidate for Sanchez's seat, Tan Nguyen, sent a Spanish-language mailer to Latino Democrats warning them immigrants could not vote.

Political experts said Sanchez's recent remarks may have been a calculated risk to drive Latinos to the polls in November.

While the majority of the district is Hispanic and Democrat, Latinos have a lower turnout rate than Vietnamese-Americans and Democratic candidates will likely be hurt this year by the anti-incumbent sentiment sweeping a nation wracked by the recession.

Sanchez, who will have former President Bill Clinton stump for her later this month, still has the advantage but acknowledges she is only two or three points ahead of Tran in polls in a district where more than two-thirds of residents are Latino and 15 percent are Asian.

About 47 percent of the district's voters are Democrats and 31 percent are Republicans.

"I don't know if they are going to come out to vote," Sanchez said of Latinos and Democrats. "And if they don't come out to vote, we won't win."

The big question is whether Vietnamese-Americans who have long cast a ballot for Sanchez — even though many are Republicans — will continue to support her or vote along ethnic lines.

Sanchez has championed key issues for the Vietnamese community, such as denouncing Vietnam's record of religious persecution. But political scientists say voters tend to pick candidates from their own ethnic background.

Tran was the first Vietnamese-American elected to a state Legislature in 2004 and is a beloved leader in the community. He has helped groom dozens of Vietnamese-Americans to run for local offices in Orange County.

Puffing on a Marlboro outside his Vietnamese restaurant in Santa Ana, Duke Nguyen said he supports Tran because he's Republican, and also because he's Vietnamese and can speak for the community.

"We are proud to have another Vietnamese in Congress," the 54-year old said.

But some political experts say the increased presence of Vietnamese elected officials may mean it could take more than just a Vietnamese surname to win votes. Especially since many Vietnamese-American officials, including Tran, now have a track record that voters can explore.

Tan Nguyen, a 38-year old real estate agent from Garden Grove, said he has backed Sanchez even though he's a Republican because she stands up to the communist government in Vietnam on human rights. And he isn't wavering this year.

"We don't have to vote for Vietnamese," said Nguyen, no relation to the previous congressional candidate. "We vote for the one who works for us, who helps us, who fights for us."

But the vote is not only up to the Vietnamese-American electorate. Experts say Latinos could determine the outcome of the race if they don't vote. And Sanchez could also see some votes siphoned off by independent Latina candidate Cecilia Iglesias.

That worries Democrat Maria Sanchez-Mendez, a longtime Sanchez supporter. The 40-year old college preparation adviser said she is voting for the incumbent because of her support for education and her down-to-earth demeanor.

"I am not going to just vote for someone because she has a Spanish surname," she said.

The candidates are also at odds over who will better represent immigrants in a district where nearly half of residents are foreign-born and more than three-quarters speak a language other than English.

Sanchez, born in California to Mexican immigrant parents, supports a plan to overhaul the country's immigration system. Tran said he represents immigrants through his personal experience as a refugee.

"We're not conceding any parts of the constituency," Tran said.

Copyright 2010 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Report: Prosecutor error unpunished
10/10/2010
Modesto Bee, The

Hundreds of California prosecutors — including a handful in the Northern San Joaquin Valley — committed ethical lapses in the courtroom without being punished, according to a report released this week.

Of the 707 cases in which courts found evidence of misconduct from 1997 to 2009, just six prosecutors faced public sanctions by the State Bar. Researchers examined more than 4,000 appeals that alleged misconduct on the part of prosecutors.

"They're simply not being held accountable," said Cookie Ridolfi, director of the Northern California Innocence Project, author of the study and a law professor at Santa Clara University . "They answer to no one, and prosecutors are the most powerful people in the justice system."

Prosecutors have absolute immunity against civil liability no matter how egregious the misconduct, Ridolfi added.

The study's cases ranged from failing to turn over evidence that could help a defendant to asking witnesses improper questions during trial and presenting false testimony in court.

Stanislaus County District Attorney Birgit Fladager strongly denounced the report as a public relations campaign by anti-death penalty advocates. She called the term "prosecutorial misconduct" misleading and pejorative.

"(It's) a term of art that is used to describe virtually anything that a prosecutor does that is a mistake, an error, an oversight," Fladager said.

Among the cases in which the courts found misconduct was a San Joaquin County trial for the 1980 murder of Vinod Patel. Blufford Hayes Jr.'s conviction was overturned by an appeals court in 2005 after it found former prosecutor Terence Van Oss, now a Superior Court judge, lied and presented false evidence at trial. Van Oss has denied the allegations.

Hayes is in jail awaiting a second murder trial, but a plea deal is in the works that may give him a chance at freedom, his attorney said.

Four other San Joaquin and Stanislaus county prosecutors were found by the courts to have committed misconduct that rose to the level of "harmful error." They are, according to the report:

• Stanislaus County prosecutor Rick Distaso, now a Superior Court judge, who ordered a court reporter to leave during his opening and closing statements to grand jurors in a death penalty case. The resulting murder indictment was thrown out in 2002. "It is difficult to imagine an innocent reason why a prosecutor would instruct a court reporter to leave only during his or her comments to the jury," the court's opinion read. Fladager called the incident "a simple oversight" done in accordance with the county's long-standing policy to record witness testimony, not argument, during grand jury proceedings.

• San Joaquin County prosecutor Michael Freeman failed to turn over evidence — a letter from a murder defendant to his girlfriend discussing his alibi — that might have aided the man in his defense. An appeals court found that not disclosing such evidence deprived the defendant of his right to design an intelligent trial plan or plea strategy.

• An appellate court in 2006 reversed the conviction of Fernando Vasquez on charges of assault and domestic abuse against his girlfriend after a court found San Joaquin County prosecutor Claire VanVuren made several trial errors, including misstatements of law.

• San Joaquin County prosecutor Robert Baysinger was found to have committed discriminatory jury selection by excluding prospective jurors with Latino last names. Baysinger claimed the challenges were not based on ethnicity. Sergio Gonzalez's conviction for assault and robbery was overturned in 2008.

The study's authors say most prosecutors follow the law with integrity and use fair methods to prosecute those they believe are guilty. But a failure to report, monitor and discipline prosecutors found to have committed misconduct "casts a cloud over those prosecutors who do their jobs properly," the report reads.

The number of cases found to include misconduct by prosecutors, about one a week in California, likely underestimates the size of the problem, Ridolfi said, since 97 percent of felony criminal cases are resolved before trial and possible instances of misconduct may never come to light.

Taxpayers should be worried about cases such as these, Ridolfi said, because the costs of retrying defendants and paying legal settlements is "off the charts."

"Trials get overturned and victims have to relive the whole experience," Ridolfi said. "And when there's a wrongful conviction, there's no attention on the actual perpetrator still out there committing heinous crimes."

Bee staff writer Merrill Balassone can be reached at or 578-2337. Follow her at twitter.com/modbeecourts.

Copyright © 2010 McClatchy-Tribune Information Services

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Report: Prosecutor error unpunished in state, San Joaquin Valley | View Clip
10/10/2010
Sacramento Bee - Online, The

Hundreds of California prosecutors — including a handful in the Northern San Joaquin Valley — committed ethical lapses in the courtroom without being punished, according to a report released this week.

Of the 707 cases in which courts found evidence of misconduct from 1997 to 2009, just six prosecutors faced public sanctions by the State Bar. Researchers examined more than 4,000 appeals that alleged misconduct on the part of prosecutors.

"They're simply not being held accountable," said Cookie Ridolfi, director of the Northern California Innocence Project, author of the study and a law professor at Santa Clara University. "They answer to no one, and prosecutors are the most powerful people in the justice system."

Prosecutors have absolute immunity against civil liability no matter how egregious the misconduct, Ridolfi added.

The study's cases ranged from failing to turn over evidence that could help a defendant to asking witnesses improper questions during trial and presenting false testimony in court.

Stanislaus County District Attorney Birgit Fladager strongly denounced the report as a public relations campaign by anti-death penalty advocates. She called the term "prosecutorial misconduct" misleading and pejorative.

"(It's) a term of art that is used to describe virtually anything that a prosecutor does that is a mistake, an error, an oversight," Fladager said.

Among the cases in which the courts found misconduct was a San Joaquin County trial for the 1980 murder of Vinod Patel. Blufford Hayes Jr.'s conviction was overturned by an appeals court in 2005 after it found former prosecutor Terence Van Oss, now a Superior Court judge, lied and presented false evidence at trial. Van Oss has denied the allegations.

Hayes is in jail awaiting a second murder trial, but a plea deal is in the works that may give him a chance at freedom, his attorney said.

Four other San Joaquin and Stanislaus county prosecutors were found by the courts to have committed misconduct that rose to the level of "harmful error." They are, according to the report:

• Stanislaus County prosecutor Rick Distaso, now a Superior Court judge, who ordered a court reporter to leave during his opening and closing statements to grand jurors in a death penalty case. The resulting murder indictment was thrown out in 2002. "It is difficult to imagine an innocent reason why a prosecutor would instruct a court reporter to leave only during his or her comments to the jury," the court's opinion read. Fladager called the incident "a simple oversight" done in accordance with the county's long-standing policy to record witness testimony, not argument, during grand jury proceedings.

• San Joaquin County prosecutor Michael Freeman failed to turn over evidence — a letter from a murder defendant to his girlfriend discussing his alibi — that might have aided the man in his defense. An appeals court found that not disclosing such evidence deprived the defendant of his right to design an intelligent trial plan or plea strategy.

• An appellate court in 2006 reversed the conviction of Fernando Vasquez on charges of assault and domestic abuse against his girlfriend after a court found San Joaquin County prosecutor Claire VanVuren made several trial errors, including misstatements of law.

• San Joaquin County prosecutor Robert Baysinger was found to have committed discriminatory jury selection by excluding prospective jurors with Latino last names. Baysinger claimed the challenges were not based on ethnicity. Sergio Gonzalez's conviction for assault and robbery was overturned in 2008.

The study's authors say most prosecutors follow the law with integrity and use fair methods to prosecute those they believe are guilty. But a failure to report, monitor and discipline prosecutors found to have committed misconduct "casts a cloud over those prosecutors who do their jobs properly," the report reads.

The number of cases found to include misconduct by prosecutors, about one a week in California, likely underestimates the size of the problem, Ridolfi said, since 97 percent of felony criminal cases are resolved before trial and possible instances of misconduct may never come to light.

Taxpayers should be worried about cases such as these, Ridolfi said, because the costs of retrying defendants and paying legal settlements is "off the charts."

"Trials get overturned and victims have to relive the whole experience," Ridolfi said. "And when there's a wrongful conviction, there's no attention on the actual perpetrator still out there committing heinous crimes."

Bee staff writer Merrill Balassone can be reached at mbalassone@modbee.com or 578-2337. Follow her at twitter.com/modbeecourts.

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Santa Clara University dedicates new Locatelli Student Activity Center | View Clip
10/10/2010
Contra Costa Times - Online

Mary Mathews-Stevens played soccer at Santa Clara University, studied hard and organized social events. She lived on campus and off.

"I did it all," she said Sunday to 350 alumni and students who had gathered inside a new $7 million student center that she and her husband, Mark Stevens, donated to the Jesuit university.

"So when the opportunity came to get involved with a student activities center, it was a perfect match for me," said Mathews-Stevens, a member of the class of '84.

She serves on the school's Board of Fellows while her husband, a partner in the venture capital firm Sequoia Capital, is one of the university's investment advisers. They live in Atherton.

Usually, philanthropists who pay for college buildings get to name them after themselves. But Mathews-Stevens declined the honor when she agreed to fund the construction. She wanted to name the student center after the Rev. Paul L. Locatelli, the university's president at the time.

But Locatelli also declined the honor.

"He was so humble," Mathews-Stevens recalled. "He resisted."

Eventually, Locatelli relented, but he did not live long enough to dedicate his namesake building. He died in July from pancreatic cancer at age 71.

Sunday's dedication had the ring of a memorial to the Catholic priest who graduated from Santa Clara in 1960 and returned to lead it for two decades.

As president, Locatelli expanded a small, insular campus and connectedyld_mgr.place_ad_here("adPosBox"); it to Silicon Valley and the world. A master of fundraising, he also crusaded for equality and social justice. Sunday's speakers referred to him as a leader, friend, mentor, family member and hero.

Student body President Chris Mosier recalled how Locatelli used to kibitz with students in the cafeteria as well as set high standards for them.

"There was his wonderful laugh," Mosier said. "He was never satisfied with what's good enough. He expected excellence."

In a traditional Catholic ritual, the Rev. Michael E. Engh, the school's current president, and the Stevens' three children blessed the sparkling, two-story building with holy water.

Locatelli oversaw a long building spree. But, Engh said, the new center was the first structure dedicated exclusively for student activities in 40 years.

The ground floor features a large main room with a tall ceiling and a glittery, mirrored ball. Students have already dubbed it the Disco Ballroom for dances and concerts.

Upstairs, there are cozy offices and meeting rooms for elected student leaders and organizations that sponsor social events and community-service activities.

Leslie Henry, a senior from Los Angeles and a campus social event planner, said the spacious new digs are a far cry from the cramped rooms student groups had to use before the Locatelli Student Activity Center opened in the summer.

"We're here for the students to have fun," Henry said. "But don't get me wrong. We study and work hard, too."

Contact Joe Rodriguez at 408-920-5767.

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Santa Clara University dedicates new Locatelli Student Center | View Clip
10/10/2010
San Jose Mercury News - Online

Mary Mathews-Stevens played soccer at Santa Clara University, studied hard and organized social events. She lived on campus and off.

"I did it all," she said Sunday to 350 alumni and students who had gathered inside a new $7 million student center that she and her husband, Mark Stevens, donated to the Jesuit university.

"So when the opportunity came to get involved with a student activities center, it was a perfect match for me," said Mathews-Stevens, a member of the class of '84.

She serves on the school's Board of Fellows while her husband, a partner in the venture capital firm Sequoia Capital, is one of the university's investment advisors. They live in Atherton.

Usually, philanthropists who pay for college buildings get to name them after themselves. But Mathews-Stevens declined the honor when she agreed to fund the construction. She wanted to name the student center after the Rev. Paul L. Locatelli, the university's president at the time.

But Locatelli also declined the honor.

"He was so humble," Mathews-Stevens recalled. "He resisted."

Eventually, Locatelli relented, but he did not live long enough to dedicate his namesake building. He died in July from pancreatic cancer at age 71.

Sunday's dedication had the ring of a memorial to the Catholic priest who graduated from Santa Clara in 1960 and returned to lead it for two decades.

As president, Locatelli grew a small, insular campus and connected it Advertisementto Silicon Valley and the world. A master of fundraising, he also crusaded for equality and social justice. Sunday's speakers referred to him as a leader, friend, mentor, family member and hero.

Student body president Chris Mosier recalled how Locatelli used to kibitz with students in the cafeteria as well as set high standards for them.

"There was his wonderful laugh," Mosier said. "He was never satisfied with what's good enough. He expected excellence."

In a traditional Catholic ritual, the Rev. Michael E. Engh, the school's current president, and the Stevens' three children, blessed the sparkling, two-story building with holy water.

Locatelli oversaw a long building spree. But, Engh said, the new center was the first structure dedicated exclusively for student activities in 40 years.

The ground floor features a large main room with a tall ceiling and a glittery, mirrored ball. Students have already dubbed it the "Disco Ballroom" for dances and concerts.

Upstairs, there are cozy offices and meeting rooms for elected student leaders and organizations that sponsor social events and community-service activities.

Leslie Henry, a senior from Los Angeles and a campus social event planner, said the spacious new digs are a far cry from the cramped rooms student groups had to use before the Locatelli Student Center opened in summer.

"We're here for the students to have fun," Henry said. "But don't get me wrong. We study and work hard, too."

Contact Joe Rodriguez at 408-920-5767.

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The Conversation: Can California confront costs of the death penalty? | View Clip
10/10/2010
Sacramento Bee - Online, The

Are the costs of carrying out the death penalty in California worth the benefits it produces for society? Please use our forum.

AS THE CURTAIN COMES DOWN ON CALIFORNIA'S ERA OF EXCESS, the fate of our death penalty law is a true conundrum. What's frustrating the public demand for executions is overkill.

• While that might seem like an outrageous claim in a state that has executed only 13 people in 32 years – especially when compared to the 463 executions in Texas during the same period – the fact remains that our eyes were much bigger than our stomachs when we adopted the 1978 initiative that defines death-eligible offenses. The politicians who stimulated our appetites never stopped to assess how much capital punishment the California criminal justice system could handle, or how much it would cost. And they designed a system in which no one would ever stop to ask those questions, with 58 pairs of hands on the spigot. The resulting overload has simply paralyzed the system.

• Up until the 1970s, California executed about a dozen murderers each year, with an average wait of three years between sentencing and execution. When the U.S. Supreme Court finally got serious about according due process to the condemned, by demanding the appointment of competent lawyers and requiring those lawyers to investigate and present mitigating circumstances to juries, it was predictable that the process would take longer. The average delay in the U.S. is now 12 years. In California, it is 24 years.

The biggest reason for the delay in California is that the demand for competent, experienced death penalty lawyers vastly exceeds the available supply. The size of the available supply is directly related to the economics of practicing law in a state like California. More than 40 percent of the 713 inmates on California's death row are still waiting for the appointment of a lawyer to handle the habeas corpus reviews to which they are constitutionally entitled.

The delay in appointing habeas lawyers until the direct appeals are completed means the habeas proceedings will take twice as long. While cutting the budget of the State Public Defender's Office and limiting the growth of the California Habeas Corpus Resource Center, both of which supply full-time, competent lawyers to represent death row inmates, the governor and the Legislature have failed to appropriate the funds needed to appoint private lawyers to meet the need.

Meanwhile, California prosecutors make full use of the broadest death penalty law in the country to pack the courts with death penalty cases, seemingly oblivious of the costs and burdens these cases are imposing on our system of justice. Although death penalty laws are supposed to narrow the discretion of prosecutors and juries by requiring "special circumstances" for a death sentence, in California there is nothing "special" about special circumstances. Virtually every first-degree murder can be made into a death case if the prosecutor chooses.

Among California's 58 elected district attorneys, many choose to pursue politically popular death sentences with extravagant frequency. Why not? Most of the $54.4 million we spend each year for capital appeals and habeas reviews comes out of the state budget, not county coffers.

Across the nation, other death penalty states are trimming their sails as the costs and burdens of death penalty cases grow. Last year saw the lowest number of new death sentences in 33 years, with only nine in Texas and one in Virginia, the states which lead the execution parade. But in California, we added 29 more to our death row, one-fourth of the national total. Nearly half of them came from Los Angeles County. None came from San Francisco. The two district attorneys running for attorney general have very different views of the death penalty.

The result of all this dysfunction is gridlock.

Since death cases go directly to the California Supreme Court without intermediate review, much of the burden has fallen directly into the laps of the seven justices who serve on the Supreme Court. Currently, the court has 77 fully briefed death penalty appeals and 89 fully briefed habeas corpus petitions awaiting decision. Even after the lawyers are appointed and the briefs are in, it's a two- to three-year wait to argue the case.

While the court affirms 90 percent of the death sentences it reviews, those decisions are subject to challenge in federal court, where 62 percent have been reversed, many because of ineffective assistance of counsel or prosecutorial misconduct. The cases go back to the trial courts for new penalty trials, where many are disposed of with pleas to life-without-parole sentences. Those that are retried then begin another trip through the appeals process.

What can we do about it? Absolutely nothing.

Like so many pressing issues in California, putting limits on the death penalty has been taken off the legislative table. Since we enacted our death penalty law by popular initiative, the only way we can limit it or abolish it is with another initiative. The most recent polls show 70 percent of voters support the death penalty, making an initiative to limit or abolish it a political impossibility. In other states, legislative battles to replace the death penalty with life-without-parole sentences are succeeding. New Jersey and New Mexico took that step two years ago.

The delays imposed by glitches in California's lethal injection procedure, as frustrating as they might be, are temporary. We will be able to resume executions next year, with a steady supply of lethal drugs and a governor ready to carry out "the people's will." But the pace of executions will always be inexorably slower than the pace of death sentences. Most of those sentenced to death in California will beat the system by dying before they can be executed. The leading causes of death on death row are death by natural causes, followed by suicides. Meanwhile, California will spend more than $400 million to build a new death row to warehouse the condemned at triple the cost of life without parole sentences.

Ironically, there is one person in California who could do something about it: Thelton Henderson. He is a federal district court judge in San Francisco. Later this year, he will rule on a broad challenge to the constitutionality of California's death penalty law, on the ground that it simply ignored the U.S. Supreme Court ruling that states must limit the breadth of their death penalty laws by legislatively guiding the discretion of prosecutors and judges.

In that challenge, brought by the California Habeas Corpus Resource Center, the lawyer who drafted the initiative that gave California our death penalty law in 1978 testified that the marching orders he received from state Sen. John Briggs were essentially to open the floodgates. The water is still rising. Henderson's ruling could drain the swamp and require a fresh start. Perhaps that would allow us to pursue the advice offered by U.S. Supreme Court Justice John Paul Stevens. In finally concluding that the current state of the death penalty in the U.S. violates the Constitution, he suggested:

"The time for a dispassionate, impartial comparison of the enormous costs that death penalty litigation imposes on society with the benefits that it produces has surely arrived."

Whether California is still capable of dispassionate, impartial consideration of anything remains to be seen.

From 2004 to 2008, Gerald F. Uelmen served as executive director of the California Commission on the Fair Administration of Justice, which undertook a comprehensive review of California's death penalty law. Gerald F. Uelmen is a professor of law at Santa Clara University School of Law.

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A special report on the world economy: Smart work
10/09/2010
The Economist

Faster productivity growth will be an important part of rich economies' revival

PRODUCTIVITY growth is the closest economics gets to a magic elixir, especially for ageing advanced economies. When workers produce more for every hour they toil, living standards rise and governments have more resources to service their debts and support those who cannot work. As the rich world emerges from the financial crisis, faster productivity growth could counteract the drag from adverse demography. But slower productivity growth could make matters worse.

Workers' productivity depends on their skills, the amount of capital invested in helping them to do their jobs and the pace of "innovation"--the process of generating ideas that lead to new products and more efficient business practices. Financial crises and deep recessions can affect these variables in several ways. As this special report has argued, workers' skills may erode if long-term unemployment rises. The disruption to the financial sector and the reluctance of businesses to invest in the face of uncertain demand may also reduce the rate of capital formation, delaying the factory upgrades and IT purchases that would boost workers' efficiency.

Financial crises can affect the pace of innovation, too, though it is hard to predict which way. Deep recessions can slow it down as firms slash their spending on research and development. But they can also boost the pace of efficiency gains as weak demand forces firms to rethink their products and cost structures and the weakest companies are winnowed out. According to Alexander Field of Santa Clara University, the 1930s saw the fastest efficiency improvements in America's history amid large-scale restructuring.

Here we go again

Almost every government in the rich world has a spanking new "innovation strategy". Industrial policy--out of fashion since its most credible champion, Japan, lost its way in the 1990s--is staging a comeback. But mostly such policies end up subsidising well-connected industries and products. "Green technology" is a favourite receptacle for such subsidies.

In 2008 France created a sovereign-wealth fund as part of its response to the financial crisis; it promises to promote biotechnology ventures, though it has also sunk capital into conventional manufacturers that happened to need money. In 2009 Britain followed suit with a "strategic investment fund". The Japanese too are back in the game. In June the newly invigorated Ministry of Economy, Trade and Industry (METI) unveiled a plan to promote five strategic sectors, ranging from environmental products to robotics. However, past experiments with industrial policy, from France's Minitel, an attempt to create a government-run national communications network, to Spain's expensive subsidies to jump-start solar power, suggest that governments are not much good at picking promising sectors or products.

More important, the politicians' current focus on fostering productivity growth via exciting high-tech breakthroughs misses a big part of what really drives innovation: the diffusion of better business processes and management methods. This sort of innovation is generally the result of competitive pressure. The best thing that governments can do to foster new ideas is to get out of the way. This is especially true in the most regulated and least competitive parts of the economy, notably services.

To see why competition matters so much, consider the recent history of productivity in the rich world. On the eve of the recession the rate of growth in workers' output per hour was slowing. So, too, was the pace of improvement in "total factor productivity" (a measure of the overall efficiency with which capital and workers are used which is economists' best gauge of the speed of innovation). But that broad trend masks considerable differences.

Over the past 15 years America's underlying productivity growth--adjusted for the ups and downs of the business cycle--has outperformed most other rich economies' by a wide margin (see chart 12). Workers' output per hour soared in the late 1990s, thanks largely to investment in computers and software. At first this advance was powered by productivity gains within the technology sector. From 2000 onwards efficiency gains spread through the wider economy, especially in services such as retailing and wholesaling, helped by the deregulated and competitive nature of America's economy. The improvements were extraordinary, though they slowed after the middle of the decade.

The recent history of productivity in Europe is almost the mirror image of America's. Up to the mid-1990s the continent's output per hour grew faster than America's (see chart 13), helped by imports of tried and tested ideas from across the water. Thanks to this process of catch-up, by 1995 Europe's output per hour reached over 90% of the American level. But then Europe slowed, and by 2008 the figure was back down to 83%. This partly reflected Europe's labour-market reforms, which brought more low-skilled workers into the workforce. That seemed a price well worth paying for higher employment. But the main reason for Europe's disappointing productivity performance was that it failed to squeeze productivity gains from its service sector.

A forthcoming history of European growth by Marcel Timmer and Robert Inklaar of the University of Groningen, Mary O'Mahony of Birmingham University and Bart Van Ark of the Conference Board, a business-research organisation, carefully dissects the statistics for individual countries and industries and finds considerable variation within Europe. Finland and Sweden improved their productivity growth whereas Italy and Spain were particularly sluggish. Europe also did better in some sectors than in others; for example, telecommunications was a bright spot. But overall, compared with America, European firms invested relatively little in services and innovative business practices. A new McKinsey study suggests that around two-thirds of the differential in productivity growth between America and Europe between 1995 and 2005 can be explained by the gap in "local services", such as retail and wholesale services.

Europe's service markets are smaller than America's, fragmented along national lines and heavily regulated. The OECD has tracked regulation of product and services markets across countries since 1998. It measures the degree of state control, barriers to competition and obstacles to starting a new company, assigning a score to each market of between 0 and 6 (where 0 is the least restrictive). Overall the absolute level of product regulation fell between 1998 and 2008, and the variation between countries lessened. America and Britain score joint best, with 0.84. The EU average is 1.4. But when it comes to services, the variation is larger and Europe has made much less progress.

In professional services, the OECD's score for Europe is fully twice as high as for America (meaning it is twice as restrictive). As the McKinsey report notes, many European countries are rife with anti-competitive rules. Architects' and lawyers' fees in Italy and Germany are subject to price floors and ceilings. Notaries in France, Spain and Greece and pharmacies in Greece are banned from advertising their services. Such restrictions limit the ability of efficient newcomers to compete for market share, cosseting incumbents and raising costs across the economy.

In Japan productivity growth slumped after the country's asset bubble burst at the start of the 1990s. One reason, as an earlier section of this report has described, was the failure to deal decisively with the bad loans clogging its banks, which propped up inefficient "zombie" companies rather than forcing them into liquidation. That meant less capital was available to lend to upstart firms. Another problem was the lack of competition. Japan's service sector, unlike its world-class manufacturers, is fragmented, protected from foreign competition and heavily regulated, so it failed to capture the gains of the IT revolution.

Over the years Japan made various efforts at regulatory reform, from freeing up the energy market and mobile telephony in the mid-1990s to liberalising the financial sector in the late 1990s. These have borne some fruit. Japan's total factor productivity growth, unlike Europe's, began to improve after 2000. But coupled with the continuing weakness of investment, the reforms were too modest to bring about a decisive change in the country's overall productivity prospects.

Learn Swedish

Sweden offers a more encouraging lesson. In the aftermath of its banking bust in the early 1990s it not only cleaned up its banks quickly but also embarked on a radical programme of microeconomic deregulation. The government reformed its tax and pension systems and freed up whole swaths of the economy, from aviation, telecommunications and electricity to banking and retailing. Thanks to these reforms, Swedish productivity growth, which had averaged 1.2% a year from 1980 to 1990, accelerated to a remarkable 2.2% a year from 1991 to 1998 and 2.5% from 1999 to 2005, according to the McKinsey Global Institute.

Sweden's retailers put in a particularly impressive performance. In 1990, McKinsey found, they were 5% less productive than America's, mainly because a thicket of regulations ensured that stores were much smaller and competition less intense. Local laws restricted access to land for large stores, existing retailers colluded on prices and incumbent chains pressed suppliers to boycott cheaper competitors. But in 1992 the laws were changed to weaken municipal land-use restrictions, and Swedish entry into the EU and the creation of a new competition authority raised competitive pressures. Large stores and vertically integrated chains rapidly gained market share. By 2005 Sweden's retail productivity was 14% higher than America's.

The restructuring of retail banking services was another success story. Consolidation driven by the financial crisis and by EU entry increased competition. New niche players introduced innovative products like telephone and internet banking that later spread to larger banks. Many branches were closed, and by 2006 Sweden had one of the lowest branch densities in Europe. Between 1995 and 2002 banking productivity grew by 4.6% a year, much faster than in other European countries. Swedish banks' productivity went from slightly behind to slightly ahead of American levels.

All this suggests that for many rich countries the quickest route to faster productivity growth will be to use the crisis to deregulate the service sector. A recent study by the Bank of France and the OECD looked at 20 sectors in 15 OECD countries between 1984 and 2007. It found that reducing regulation on "upstream" services would have a marked effect not just on productivity in those sectors but also on other parts of the economy. The logic is simple: more efficient lawyers, distributors or banks enable firms across the economy to become more productive. The size of the potential gains calculated by the Bank of France is stunning. Getting rid of all price, market-entry and other competition-restricting regulations would boost annual total factor productivity growth by one percentage point in a typical country in their sample, enough to more than double its pace.

Getting rid of all anti-competitive regulation may be impossible, but even the more modest goal of embracing "best practice" would yield large benefits. The IMF has calculated that if countries could reduce regulation to the average of the least restrictive three OECD countries, annual productivity growth would rise by some 0.2 percentage points in America, 0.3 percentage points in the euro area and 0.6 percentage points in Japan. The larger gains for Europe and Japan reflect the amount of deregulation left to be done. In both cases the productivity gains to be achieved from moving to best practice would all but counter the drag on growth from unfavourable demography.

Even in America there would be benefits. But, alas, the regulatory pendulum is moving in the opposite direction as the Obama administration pushes through new rules on industries from health care to finance. So far the damage may be limited. Many of Mr Obama's regulatory changes, from tougher fuel-efficiency requirements to curbs on deep-water drilling, were meant to benefit consumers and the environment, not to curb competition and protect incumbents. Some of the White House's ideas, such as the overhaul of broadband internet access, would in fact increase competition. The biggest risk lies in finance, where America's new rules could easily hold back innovation.

An unlikely role model

The country that is grasping the challenge of deregulation most energetically is Greece, whose debt crisis has earned it a reputation for macroeconomic mismanagement. Under pressure from the IMF and its European partners, the Greek government has embarked on one of the most radical reforms in modern history to boost its productive potential.

Again, this involves freeing up an historically cushioned service sector. So far the main battleground has been trucking. Before Greece descended into crisis, its lorry drivers required special licences, and none had been granted for several decades. So a licence changed hands in the secondary market for about €300,000, driving up the costs of everything that travelled by road in Greece. But under a reform recently passed by the Greek government, the number of licences is due to double. Greek lorry drivers went on strike in protest, but the government did not budge. Lawyers and pharmacists too are slated for deregulation.

If Greece can stick to its plans, it will, like Sweden, show that crises can offer valuable opportunities. Without the country's brush with default and the conditions attached to the resulting bail-out, its leaders would have been unlikely to muster the necessary political will.

The sluggish progress of reform elsewhere underlines this point. Germany, which ranks 25th out of 30 OECD countries on the complications of its licence and permit system, approaches deregulation on tiptoes: it recently reduced restrictions on price-setting by architects and allowed chimney-sweeps easier market access.

Two French economists, Jacques Delpla and Charles Wyplosz, have argued that incumbent service providers should be paid off in exchange for accepting competition. They reckon that compensating French taxi drivers for deregulation would cost €4.5 billion. But buying off the losers from reforms may not hold much appeal.

Boosting European integration could be another way to cut through national resistance to deregulation. As Mario Monti, a former EU competition commissioner, pointed out in a recent call for action, 70% of the EU's GDP is in services but only 20% of those services cross borders. The EU's Services Directive, which is supposed to boost cross-country competition in services, has proved fairly toothless.

How governments can help

Activism on the part of governments is not always misguided. Their investment in basic research is important. The grants doled out by America's National Institutes of Health, for example, generate the raw ideas that pharmaceutical firms turn into profitable medicines. America's Defence Department created the beginnings of the internet. Public spending on building and maintaining infrastructure also matters, though economists argue about how much. Governments can encourage private R&D spending with tax credits and subsidies, and the evidence suggests that more R&D spending overall boosts growth. Other research shows that firms which spend more on R&D are also often quicker to adopt other innovations.

But these traditional ways of encouraging innovation may be less relevant now that research has become more global and more concentrated on software than on hardware. Since the mid-1990s China alone has accounted for a third of the increase in global spending on research and development. Big firms maintain research facilities in many countries. Dreaming up new products and services, as well as better ways of producing old ones, increasingly involves collaboration across borders and companies. As Mr Jorgenson of Harvard University puts it: "Think Google, not lab coats."

In this more fluid world the old kind of government incentives, such as tax credits and subsidies, may do less to boost innovation than more imaginative inducements, such as offering firms prizes for breakthrough innovations. Bigger efforts to remove remaining barriers to collaboration, from limitations on high-skilled immigration to excessively rigid land-use rules, should also help.

A smart innovation agenda, in short, would be quite different from the one that most rich governments seem to favour. It would be more about freeing markets and less about picking winners; more about creating the right conditions for bright ideas to emerge and less about promises of things like green jobs. But pursuing that kind of policy requires courage and vision--and most of the rich economies are not displaying enough of either.

Copyright © 2010 Economist Newspaper

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Blackwell Companions to Philosophy a Companion to Early Modern Philosophy | View Clip
10/09/2010
ARN - Online

A Companion to Early Modern Philosophy

is a comprehensive guide to the most significant philosophers and philosophical concepts of seventeenth- and eighteenth-century Europe.

Provides a comprehensive guide to all the important modern philosophers and modern philosophical movements.

Spans a wide range of philosophical areas and problems, including metaphysics, epistemology, philosophy of science, ethics, political philosophy and aesthetics.

Written by leading scholars in the field.

Represents the most up-to-date research in the history of early modern philosophy.

Serves as an excellent supplement to primary readings.

Steven Nadler is Professor of Philosophy at the University of Wisconsin-Madison, where he is also the director of the Center for the Humanities. He is author of Arnauld and the Cartesian Philosophy of Ideas (1989), Malebranche and Ideas (1992), Spinoza: A Life (1999), and Spinoza's Heresy (2002).

Table of Contents

List of Contributors.

1. Introduction: Steven Nadler (University of Wisconsin-Madison).

Part I: The Seventeenth Century: The Continent:

2. Aristotelianism and Scholasticism in Early Modern Philosophy: M. W. F. Stone (King's College, London).

3. Platonism and Philosophical Humanism on the Continent: Christia Mercer (Columbia University).

4. The New Science: Kepler, Galileo, Mersenne: Brian Baigrie (University of Toronto).

5. René Descartes: Michael Della Rocca (Yale University).

6. Pierre Gassendi: Margaret J. Osler (University of Calgary).

7. Blaise Pascal: Graeme Hunter (University of Ottawa).

8. Antoine Arnauld: Elmar J. Kremer (University of Toronto).

9. Johannes Clauberg: Jean-Christophe Bardout (Université de Brest).

10. Occasionalism: La Forge, Cordemoy, Geulincx: Jean-Christophe Bardout (Université de Brest).

11. Nicolas Malebranche: Tad M. Schmaltz (Duke University).

12. Dutch Cartesian Philosophy: Theo Verbeek (University of Utrecht).

13. Cartesian Science: Régis and Rohault: Dennis Des Chene (Emory University).

14. Robert Desgabets: Patricia A. Easton (Claremont Graduate University).

15. Grotius and Pufendorf: N. E. Simmonds (Corpus Christi College, Cambridge).

16. Baruch Spinoza: Steven Nadler (University of Wisconsin-Madison).

17. Pierre Bayle: Todd Ryan (Trinity College, CT).

18. Gottfried Wilhelm Leibniz: R. S. Woolhouse (University of York).

Part II: The Seventeenth Century: Great Britain:

19. British Philosophy Before Locke: Jill Kraye (Warburg Institute, London).

20. Francis Bacon: Stephen Gaukroger (University of Sydney).

21. The Cambridge Platonists: Sarah Hutton (Middlesex University).

22. Thomas Hobbes: Tom Sorrell (University of Essex).

23. Robert Boyle: Lisa Downing (University of Illinois-Chicago).

24. John Locke: Edwin McCann (University of Southern California).

25. The English Malebrancheans: Stuart Brown (Open University).

26. Isaac Newton: Peter Kail (University of Edinburgh).

27. Women Philosophers in Early Modern England: Margaret Atherton (University of Wisconsin-Milwaukee).

Part III: The Eighteenth Century: Great Britain:

28. Earl of Shaftesbury: Gideon Yaffe (University of Southern California).

29. George Berkeley: Charles McCracken (Michigan State University).

30. Frances Hutcheson: Elizabeth S. Radcliffe (Santa Clara University).

31. Bernard Mandeville: Harold J. Cook (University College, London).

32. David Hume: Marina Frasca-Spada (St. Catherine's College, Cambridge).

33. Adam Smith: Samuel Fleischacker (University of Illinois-Chicago).

34. Thomas Reid: Ronald E. Beanblossom (Ohio Northern University).

Part IV: The Eighteenth Century: The Continent:

35. German Philosophy After Leibniz: Martin Schönfeld (University of South Florida).

36. Giambattista Vico: Donald Phillip Verene (Emory University).

37. Aesthetics Before Kant: Ted Kinnaman (George Mason University).

38. Jean-Jacques Rousseau: Patrick Riley (University of Wisconsin-Madison).

39. Voltaire: Gary Gutting (University of Notre Dame).

40. Moses Mendelssohn: Daniel O. Dahlstrom (Boston University).

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Caregiving: What's on tap for baby boomers | View Clip
10/09/2010
Berkshire Eagle

Saturday October 9, 2010

Hearst Newspapers

Mary Furlong, Ed.D., is a leading authority on the baby boom generation as it moves toward and beyond middle age. Furlong, a professor of entrepreneurship at Santa Clara University's Leavey School of Business, is the author of "Turning Silver into Gold: How to Profit in the New Boomer Marketplace." She is often called upon to predict trends for older Americans. I interviewed her by phone from her office in California.

Q: With the aging of America, what are the implications for the boomers, the so-called sandwich generation that needs to take care of its older family members, while also continuing to support adult children?

A: You do whatever it takes: Sixty nine percent of baby boomers are financially supporting adult children. In fact, it's not just the sandwich generation, but the club sandwich -- there are just so many layers.

Q: How are people managing?

A: It's not easy. According to studies, some 40 percent of older adults have less than $25,000 in savings.

Baby boomers never thought they'd be in a position where they'd have to play catch up. They're putting on those Earth shoes again, except this time it's down-to-earth shoes.

Q: So boomers are getting practical in their old age?

A: Boomers grew up thinking they were going to leave the world a better place. Well, they still want to give and mentor and contribute, but they have fewer

resources. The word I've been using is "recalculating."

There's a little story about that: A friend gave me a GPS, and I was driving somewhere and I missed the turn and the little voice came on and said, "recalculating."

And I thought, what a perfect word for today's world, because that's exactly what we're all having to do on a frequent basis.

Think about it: We grew up with the expectation of being able to work for Big Blue for a lifetime. Our children will have 11 careers before they retire. So we're all recalculating. To get by, we have a mosaic of things we're doing. People are living in what I call the "gig economy." They'll tell me, for example, "I manage a Starbucks and I'm into art, so I've started a little nonprofit gallery on the side."

Q: You're a consultant to major corporations. What's the most surprising business trend you've seen targeting older Americans?

A: Fashion is very big in assisted living now. For the residents, it's like being back in college, living in a dorm. Everyday you're with a group of people in the dining area and at social events. And guess what? Everyone notices what you're wearing.

I've seen fashion shows in assisted living facilities presented by Cold Water Creek, Nordstrom, and the like, where 90 people show up in their 80's and 90's. What some businesses don't realize is that the over-70 market is the juiciest market around.

Q: So what does the future hold?

A: I see in the future, a multitude of silver entrepreneurs, who, because they need to, will not be retiring to Boca, but starting businesses and working to finance their future. Many of these will be downsizing, not just their houses, but everything about their lifestyle. But the wonderful side of putting on down-to-earth shoes is that once you've simplified your life, you're often a lot happier.

Q: So you see us living with a lot less?

A: We're all living with a lot less. Between the recent recession and the multiple demands on the 50-plus population, this is just a fact of life. It's the great restart.

This is not just because of the economy. At the core, it's because of extended lifespan: We all have this 30-year bonus round. And that's not a bad thing!

Steve Slon blogs regularly about aging and caregiving for http:// BeClose.com. He is the former editor of AARP The Magazine. See his blog at http://beclose.com /slon or writesteveslon@beclose.com.

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Judge denies defense motion for mistrial in Los Gatos murder-for-hire trial | View Clip
10/09/2010
Oroville Mercury-Register

Esequiel "Paul" Garcia, left, at his 2008 arraignment; and Mark Achilli, right, the man he's accused of killing.

More about the trial

In a shocking courtroom conflict Thursday in the Los Gatos murder-for-hire trial, defense lawyer Harry Robertson asked for a mistrial, accusing a fellow defense lawyer of acting as a "second prosecutor" by undermining his case with spiteful comments, loud sighs, "fluffing" of his arms and objections that should be left to the prosecution.

Robertson, who represents lead defendant Paul Garcia, also accused public defender Charlie Gillan of sabotaging the entire defense team. More than once, Robertson said, Gillan has said in court that if Gillan's client, the suspected hit man, "is going down, everyone is going down."

Gillan argued that he was only acting in the interest of his client and was frustrated with Robertson's delays. Judge David Cena denied the mistrial motion.

In another stunning development, Garcia, who has been sitting quietly at the defense table throughout the six-week trial, is planning to take the witness stand Tuesday morning in his own defense. This after weeks of testimony that Garcia was so obsessed with bartender Tessa Donnelly, and jealous that she was also dating Mark Achilli, who sold him Mountain Charley's Saloon and the 180 Restaurant & Lounge in late 2007, that he contracted a middleman and a hit man to gun down Achilli in the driveway of his Los Gatos townhouse in March 2008.

"What Paul has said more than once is, 'How would you feel if you're falsely accused and want to defend yourself?' " Robertson

said later Thursday. While Robertson acknowledged it was an unusual defense move, "it is his choice under law and a right that is really crucial to this case."

All three defendants -- Garcia, suspected middleman Miguel Chaidez and accused hit man Lucio Estrada -- are on trial for murder together. Each defendant has his own lawyer, although none of them ever requested to be tried separately.

The third defense lawyer in the case, James Leininger, who represents the accused middleman, sided with Robertson against Gillan, telling the judge he's never seen such unprofessional conduct in his 42 years as a lawyer.

"There's a higher standard in this business than our own egos," Leininger told the judge.

Law professor Edward Steinman from Santa Clara University said the judge was clearly implying that Robertson will just have to "deal with it," especially since the judge "has not objected to Gillan's behavior and the judge has not tried to rein him in and sees his behavior as not harmful."

Robertson may regret that he didn't ask early on for a separate trial for his client, Steinman said, but he is also clearly laying the groundwork for an appeal if his client is convicted.

Gillan defended himself before the judge, saying he has been "frustrated" with Robertson routinely being 10 minutes late to court and constantly asking leading questions that don't follow the rule of law. He said he fears the jury will be frustrated with the delays and "endless bench conferences" and "will hold it against me and my client."

"I am not acting as a second prosecutor," Gillan said. "Everything I do benefits Lucio Estrada. I have to be an advocate of Mr. Estrada, even if it is to the detriment of Paul Garcia."

Just how Gillan's comments and objections benefit his client haven't been made clear, although Gillan said outside court that it will all make sense when he delivers his closing argument, expected next week.

After five weeks of prosecution witnesses and more than 200 pieces of evidence, Gillan this week opted not to present a defense case for Estrada, saying he was relying on his cross-examination of the earlier witnesses. There has been no testimony so far that there was any contact between Estrada and Garcia, or that they could directly implicate each other.

Instead, it was former Mountain Charley's bouncer Daniel Chaidez who confessed to police and testified in return for a lighter sentence that Garcia asked him to arrange the killing. Chaidez said he called his cousin, Miguel Chaidez, who contracted Estrada to do the shooting. Estrada's DNA was found on several pieces of evidence, including gun gloves and a discarded ball cap, near the scene of the crime. Gillan has said his client was at the scene but wasn't the shooter.

Robertson's request for a mistrial came Thursday morning after five attempts by Gillan to undercut Robertson's witness -- including Gillan interrupting Robertson with "I object to the objections."

In particular, under questioning from Robertson, Mountain Charley's investor Brad Tarter, a friend of Garcia's, said he was paid small amounts of cash from time to time as returns on his investment in the club. Robertson has been trying to make the case that Garcia withdrew $9,500 in the days before Achilli's death to pay business expenses, not hire a hit man, as the prosecution contends.

But instead of prosecutor Jeff Rosen undermining the relevance of Tarter's testimony, it was Gillan who stood up and did the discrediting.

In dramatic fashion, after Tarter said he received about $210 in cash, Gillan asked whether he received, $1,000, $2,000 or $9,500 from Garcia, and whether he received it the day before, during or after the killing. Tarter said no to all of his questions.

A few minutes later, Gillan piggybacked on a prosecution objection, calling Robertson's query "compound and argumentative."

Cena said Gillan's behavior did not amount to denying Garcia a fair trial. When the judge asked Rosen whether he would like to weigh in from the prosecution point of view, Rosen politely declined.

Contact Julia Prodis Sulek at 408-278-3409.

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Meg Whitman fuzzes Rose Bird quote as Jerry Brown backpedals | View Clip
10/09/2010
San Francisco Chronicle - Online

Twenty-four years after Rose Bird was voted out of office and 11 years after her death from breast cancer, California's first female Supreme Court justice is still a punching bag for politicians -- even, it seems, the politician who appointed her.

Republican Meg Whitman brought up Bird's name early in the Sept. 28 governor's debate to remind voters that her Democratic opponent, Jerry Brown, had picked a jurist who voted to overturn 64 death sentences. Whitman proceeded to lift an obscure Bird quote out of context that made the late chief justice -- and, by implication, Brown -- sound pro-criminal.

Brown's response? I didn't know how she'd rule when I appointed her, so don't blame me -- something he never said publicly while Bird was in office.

It was no surprise that Whitman took on Bird, who's become a byword for judicial liberalism ever since Brown made her one of his first two appointees to the court in 1977. Voters removed her nine years later in a campaign that was largely funded by businesses but focused on her court's record of overturning 61 of the 64 death sentences it considered.

Brown "has a long 40-year record of being quite liberal on crime," which "started with the appointment of Rose Bird," Whitman told the debate audience. "And she said once, 'The only good outcome is an outcome that favors the defense.' "

Those who knew Bird, such as longtime aide Stephen Buehl and former Supreme Court colleague Joseph Grodin, say they can't imagine the chief justice making such an extreme statement. Asked for documentation, Whitman campaign spokesman Darrel Ng cited "Jerry Brown's Judicial Legacy," a 1982 book by three conservative activists, that contains this passage: "Bird has succinctly described her judicial views. 'Justice,' she said, 'is when the defense wins.' " She was supposed to have said it in a conversation with Stan Boyles of the Idaho attorney general's office.

It took a couple of phone calls to locate the former Idaho lawyer, whose name is actually Stan Voyles and who lives in the Santa Cruz Mountains. He confirmed that Bird had once told him "something to the effect of, 'Justice is when the defense wins,' " but she said it while she was a public defender in Santa Clara County and he was a Stanford law student assigned to the local court. That was in 1972, five years before Bird became a judge.

Voyles doesn't remember the context -- whether Bird was discussing a particular case or all of her work -- but he doesn't think she was joking. He repeated her comment when he testified against her at her 1977 confirmation hearing, and he later took part in the 1986 campaign against her, while working as a Santa Clara County prosecutor.

Assuming Voyles is quoting Bird accurately, Bird's friends scoffed at the suggestion that she was expressing her judicial philosophy. As Grodin, who was also voted off the court in 1986 and is now a UC Hastings law professor, put it, "Outside of the death sentences, she voted to affirm a lot of convictions."

In any event, using a defense lawyer's private comment to sum up her later attitude as a judge might seem like a stretch, but the Whitman campaign isn't backing off. As spokesman Ng put it in an e-mail, "Rose Bird's philosophy is her philosophy, regardless of whether she was on the bench at that time or at some other point in her adult legal career."

This was Brown's response at the debate: "As far as appointing judges, Dwight Eisenhower appointed Earl Warren, the most liberal justice in all of history, and he certainly didn't expect that."

Sounds reasonable enough -- judges, after all, are supposed to be independent of the presidents and governors who appoint them. All that Brown meant, said campaign spokesman Sterling Clifford, was that "as governor, he certainly couldn't have anticipated all of Rose Bird's decisions."

But his statement implied a lot more than that. Eisenhower was not just surprised by Warren's rulings but was openly critical, particularly of the Brown vs. Board of Education case that outlawed school segregation. Ike was widely reported to have called Warren and fellow liberal Justice William Brennan the biggest mistakes he ever made.

Brown hasn't said anything like that about Bird. But his attempt to distance himself from his appointee by invoking Eisenhower is a tough comparison to make. Eisenhower wasn't especially close to Warren, but appointed him in a well-documented political trade: the California governor pledged to support Ike at the 1952 Republican convention in exchange for the first available Supreme Court vacancy.

Brown and Bird, on the other hand, had known each other since law school at UC Berkeley. She worked in his 1974 campaign, drove his campaign car, and served in his Cabinet as Agriculture and Services secretary. And the year he appointed her to the court was also the year he vetoed a bill to reinstate the death penalty, citing his personal opposition to capital punishment.

Brown may not have agreed with some of Bird's later rulings but he never said so publicly when she was around to defend them.

Gerald Uelmen, a Santa Clara University law professor and court historian, said he doesn't buy Brown's "Eisenhower defense."

"I think he (Brown) knew what he was getting," Uelmen said. "I think what's going on here is a little rewriting of history."

Posted By: Bob Egelko () | October 08 2010 at 05:24 PM

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Prop. 19 passage could spark U.S.-California legal war over pot | View Clip
10/09/2010
Fresno Bee - Online

Posted at 08:19 AM on Friday, Oct. 08, 2010

EDITORIAL: Vote 'no' on Prop. 19, the marijuana initiative

Calif measure shows state's conflicted link to pot

Calif measure shows state's conflicted link to pot

Pot farm near park? You voted for that

Having 1 ounce of pot now like a speeding ticket

Backers of California's Proposition 19 call it a landmark challenge to America's war on drugs. But passage of the initiative to legalize pot for recreational use may open up a legal war between California and the federal government.

Some fear a renewed surge of federal raids, similar to actions that shut down medical pot shops, targeted suppliers and doctors after California voters passed Proposition 215, its medical marijuana law, in 1996.

Even some fervent proponents of the initiative to allow anyone 21 and over to smoke pot say federal authorities would quickly sue California to overturn the new law.

"I have no doubt that the feds will file suit if Proposition 19 passes," said Dale Gieringer, California director for the pro-legalization National Organization for Reform of Marijuana Laws.

In an Aug. 24 letter, nine former administrators for the Drug Enforcement Administration urged Attorney General Eric Holder to bring suit against California – just as the Obama administration sued Arizona when that state passed a controversial law aimed at illegal immigrants.

Call The Bee's Peter Hecht, (916) 326-5539. Read his marijuana issues blog, www.sacbee.com/weedwars.

"The California proposition is not a close call," wrote the ex-DEA administrators, including Robert Bonner, the former supervising U.S. attorney in Los Angeles. "It will be a clear conflict with established federal law."

Reached Wednesday in Mexico City, where he was attending a drug policy conference, Bonner said the California measure conflicts with United Nations treaties signed to prevent the spread of psychoactive drugs.

"The United States has treaties that would be violated if Proposition 19 were enacted. It would send a terrible signal to countries of the world," he said.

The U.S. Justice Department isn't saying how it would respond if Proposition 19 passes.

"The Department of Justice will continue to focus its enforcement resources on significant traffickers of illegal drugs, including marijuana," said Justice Department spokeswoman Tracy Schmaler in Washington, D.C. "It is premature to speculate what steps we would take in the event that California passes its ballot measure."

Backlash could hurt medical pot users

Last year, Attorney General Eric Holder declared the federal government would no longer target medical marijuana operations in states permitting medical use.

California and 13 other states now permit medical marijuana. And federal raids on medical pot establishments – particularly those catering to the seriously ill – stirred political sympathies in favor of medical marijuana.

Now legal observers, such as Santa Clara University law professor Gerald Uelmen, say Proposition 19 could upset the accord that federal agents and California established with medical use.

"I think it will open up a new order of conflict between the state and the feds," Uelmen said. "The feds resisted (Proposition 215) from the get-go. But I think we finally wore them down.

"Now, if we open the door to lawful cultivation and distribution for recreational use, I think there will be a very strong reaction."

In 2001, Uelmen unsuccessfully argued before the U.S. Supreme Court on behalf of the Oakland Cannabis Buyers Cooperative serving medical marijuana patients.

The court, in a decision written by Justice Clarence Thomas, declared that marijuana was still illegal, and a "medical exception" defense for the Oakland pot club was invalid under federal law.

In a 2005 case, the high court also ruled against California petitioner Angel Raich, whose six-plant medical marijuana garden was raided by DEA agents after Butte County authorities declined to file state drug charges against him.

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South Bay college student finds FBI tracker | View Clip
10/09/2010
ABC Local - Online

SANTA CLARA, CA (KGO) -- A South Bay college student says the FBI spied on him and he found the GPS tracker to prove it. Yasir Afifi found the device attached to his car. He wondered what it was, but then a visit from a federal agent answered that question.

"I was born here in Santa Clara, I just turned 20 last August. I'm a sales manager, we sell laptops and I'm a full-time student," said Afifi.

And on Sunday while Afifi -- a half Egyptian, half American Muslim -- got an oil change at a local auto garage, he noticed the GPS tracker attached to under belly of his car.

"The device I found was stuck by a magnet," said Afifi.

Afifi took it apart the GPS tracking device and then two days later, he says the FBI and other police stopped him as he left his Santa Clara apartment complex. That's when a federal agent started questioning him.

"'Have you ever been to Yemen for any type of training?' 'No.' 'Do you know anybody that's affiliated with anybody that's extreme or abnormal or posting anything online that they shouldn't be?' 'No,'" said Afifi. "He goes, 'Where is the device you located under your vehicle?' I didn't even answer that, I just asked him, 'Did you guys put it there?' and he goes, 'Yeah,'" said Afifi.

FBI Special Agent Joseph Schadler refused to discuss Afifi's discovery but did say, "Court decisions have consistently upheld that there is no warrant necessary for GPS tracking of a vehicle when the vehicle is in a public space."

"Is it that you can just put it on any person's car and I would argue that is obviously an egregious violation of everybody's constitutional rights and should be challenged," said Afifi's attorney Zahra Billoo.

Recently, a federal court of appeals re-affirmed the government's ability to use GPS devices on cars. Still, Afifi's attorney claims his civil rights were violated and he was intimidated and harassed.

"They can try, but I'd also add that federal officers are protected by some robust immunities in this context," said Assistant Professor Kyle Graham from Santa Clara University School of Law.

The FBI does say agents spoke with Afifi and that he is fully cooperating.

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Summer of Really Big Court Decisions | View Clip
10/09/2010
xbiz.com

Do you think the adult entertainment industry has "bottomed out?" (out of 65 votes)

" In the first month of the summer of 2010 the federal courts provided us with rulings on three very important and very closely followed cases. "

From time to time there are rulings in court cases that dramatically affect the entire adult entertainment industry.

One such ruling, for example occurred in December of 2006, when a federal judge in Colorado ruled the 2257 regulation's old secondary-producer requirements to be unconstitutional.

That case provided a large number of Free Speech Coalition members who would have been subject to the regulations as secondary producers a nearly three-year reprieve from the onerous provisions until new regulations could be properly enacted by Congress and promulgated by the Justice Department.

Another milestone case was, of course, last year's ruling in the 9th U.S. Circuit Court of Appeals that established for the first time that content distributed via the Internet must be judged by a national standard in obscenity cases and not by the local community standards of the place the material is transmitted from or received.

In doing so, the court deprived the government of one of its most powerful tools in prosecuting obscenity cases, the ability to bring the action in the most conservative jurisdiction they can find, at least with respect to prosecutions in the 9th Circuit (California, Arizona, Nevada, Oregon, Washington, Idaho, Montana, Alaska, Hawaii, Guam and the Northern Mariana Islands).

Landmark cases affecting the entire adult entertainment industry are generally rare. Cases of great importance to both the adult and mainstream businesses rarer still. Therefore one does not expect, for example, that three court decisions of great importance to the entire entertainment industry would be handed down in a single month. But that is exactly what happened.

In the first month of the summer of 2010 the federal courts provided us with rulings on three very important and very closely followed cases: the stunning dismissal of the government's obscenity prosecution of John Stagliano and Evil Angel, the dismissal of Viacom's suit against Google alleging massive tube site copyright infringement via You Tube, and the U.S. Supreme Court's ruling in the case of Bilski vs. Kappos to determine if inventors can continue to obtain and enforce patents for business methods.

While all three cases are of great important to the adult entertainment industry, much has already been reported in adult entertainment press about the Stagliano case, so much in fact, I am concerned that the critical importance of the other two cases may have been somewhat underreported in the shadow of the government's defeat in the Stagliano case.

Therefore, this article will focus primarily on the Viacom and Bilski rulings, as it cannot be understated how both are likely to play a large role in shaping how the adult industry evolves and operates for the foreseeable future.

As such, adult industry entrepreneurs are well advised to obtain at least a fundamental understanding of what these rulings mean and how they will likely affect the industry for many years to come.

A brief word about the Stagliano case.

Before commencing our discussion regarding the very important rulings in the Viacom and Bilski cases, I would be remiss not to render at least a couple of opinions regarding the turn of events in the Stagliano/Evil Angel obscenity prosecution case.

In 2008, the Justice Department brought its mean spirited and otherwise wrongfully commenced obscenity prosecution of John Stagliano and Evil Angel supposedly, in part, to “show” the adult entertainment industry that mainstream adult content could be effectively prosecuted and found to be obscene. John Stagliano's stunning defeat of the government has instead resulting in what one might call a gigantic legal boomerang for our so-called “public servants” at the Obscenity Task Force.

To say the case was mishandled by the government would be a huge understatement. The magnitude of legal incompetence demonstrated in their prosecution of the case can only be compared in size to the magnitude of legal competence and professionalism demonstrated by my friends and collegues Paul Cambria, Bob Corn-Revere, Alan Gelbard and Louis Sirkin.

The government's attorneys were clearly outmatched by the defense team from the start. The prosecution's errors, both fundamental and abstract, were quickly and, even brilliantly I would say, seized upon and exploited maximally by the defense.

The case demonstrates once again why it is so important for adult entertainment industry participants to seek out the counsel of experienced adult industry attorneys.

The outcome of the Stagliano case stands in stark contrast to the outcome of the obscenity prosecution of Jim Schaffer and Jeffrey Kilbride who were represented in their obscenity trials by counsel that were not known by me, or any of my colleagues, as adult entertainment attorneys or obscenity defense experts. The contrasting results couldn't be clearer, John Stagliano is free, Schaffer and Kilbride are serving time.

As to the performance of the government's attorneys, well, I think that a statement by federal U.S. District Judge Richard Leon who presided over the case states it best:

“I trust the government will learn a lesson from its experience in this case.”

The implications of the ruling and, perhaps even more importantly the events that led to it, will be the subject of a separate upcoming article about the risks of obscenity prosecution in the wake of the Stagliano decision.

Viacom vs. Google, a big win for the tubes.

On June 23, U.S. District Judge Louis L. Stanton threw out Viacom's lawsuit against Google in which Viacom originally alleged $1 billion of copyright infringement damages resulting from unauthorized copying and distribution of its content via YouTube.

In granting Google's motion for summary judgment, Stanton said the company was shielded from Viacom's copyright claims by the “safe harbor” provisions of the Digital Millennium Copyright Act (DMCA). These statutory procedures can be used to protect a web site operator from contributory copyright infringement liability for content uploaded by users, provided that the operator takes down the material in response to proper notification by the content's rightful owner that it was uploaded without permission. These provisions provide the protections that have been heavily relied upon by many adult content tube sites to fend off copyright infringement claims.

So the issue of whether a tube site operator can rely on those protections even when the operator knows there is rampant copyright infringement occurring on the site has been a critical question in the determination of whether the operator is effectively shielded from contributory infringement or has huge infringement liability.

Viacom filed the case in 2007 alleging that Google was not entitled to the DMCA protections because it had deliberately turned a blind eye and profited from rampant piracy on YouTube after tens of thousands of its videos were uploaded to the site.

But while acknowledging that Google certainly knew that large amounts of copyrighted material had been uploaded to YouTube, Stanton refused to impose contributory liability for the infringements on Google because of Google's lack of knowledge regarding specifically which clips had been uploaded with permission and which had not.

Stanton also refused to recognize any obligation by Google to police every video uploaded to their sites stating that to do so “would contravene the structure and operation of the DMCA.”

Praising the statute's structure and operation, the judge went on to observe “The present case shows that the DMCA notification regime works efficiently: when Viacom over a period of months accumulated some 100,000 videos and then sent a mass takedown notice on Feb. 2, 2007, by the next business day YouTube had removed virtually all of them.”

Not surprisingly, Google's general counsel, Kent Walker, hailed the decision as a victory for creative artists stating that the ruling “was an affirmation of the emerging legal framework and ratifies the rules we have all been living under.” Also, as expected, Viacom will appeal the decision.

Because the decision is a ruling by a federal district court, and not a federal court of appeal, it is not binding law on courts outside the federal courts for the Southern District of New York. Nevertheless, that particular court is very well-regarded by many other courts and its rulings are often emulated in other jurisdictions. As a result, the ruling might rightly be viewed as perhaps the biggest legal setback yet for content producers battling rampant online infringement of their works.

For such content providers, including adult producers, who are already desperately struggling with the disastrous consequences of online piracy, the Viacom ruling will likely seem like nothing less than a green light to continued online infringement of their content.

While it is true that content providers still have remedies to combat such infringers under the DMCA, the likely practical impact of the of the decision was well stated by Eric Goldman, director of the High Tech Law Institute at the Santa Clara University School of Law: “The ruling should give online service providers a lot of comfort that copyright owners aren't going to be able to force them to change their behavior or put them on the hook for problems that their users create.”

So, for more conservative adult entertainment entrepreneurs who would like to cash in on the traffic generated by adult tube sites, but have heretofore refrained due to legal concerns, the Viacom decision begs the question of whether it is now possible to create a “legal” adult tube site. Well, thanks to Judge Stanton's ruling, it certainly is beginning to look like that might well be possible, at least from a contributory copyright infringement standpoint.

But I think a great deal of cautious consideration still needs to be exercised before going into the adult tube business and Stanton's decision should not by any means be viewed as a legal carte blanche for adult tubes.

It is critically important to remember that the Viacom case was about YouTube and not a sexually explicit adult content tube site. Many serious legal issues remain regarding adult tubes regardless of whether they comply with the DMCA and are shielded for contributory copyright infringement. This is because many laws other than copyright apply to adult tube sites.

For example, not all adult tube sites appear to be in compliance with all of the 2257 regulations that may apply to them. And, of course, the Viacom decision does not address a hardcore tube site operator's exposure to potential obscenity prosecution regarding material distributed from the operator's servers via the tube site. Because of this, obtaining appropriate legal guidance should be considered before commencement of any operation of a tube site depicting explicit sexual content.

Also, because Stanton reached his decision in large part because of what he deemed to be Google's effective compliance with the DMCA's takedown procedures, anyone operating a content tube or building one should become very familiar with these and other requirements that must be complied with in order to obtain the kind of protection provided to Google.

The procedures are available at the Copyright Office's website (www.copyright.gov). But, as is often the case when it comes to government online publication of regulations, the rules are just the beginning. This is another area that really requires counseling by a qualified adult industry attorney given the enormous potential financial consequences of getting it wrong.

The Viacom case will now go before the 2nd U.S. Circuit Court of Appeals. Regardless of the outcome there, I predict that the losing party will almost certainly petition the U.S. Supreme Court to reverse the 2nd Circuit decision. So I think its safe to say that this case will be one to watch for sometime to come.

Business method patents survive Bilski vs. Kappos ruling.

As discussed in many of my previous XBIZ articles many adult entertainment companies are increasingly becoming the targets of patent infringement lawsuits, particularly regarding their use of technologies or business methods associated with their online businesses.

Currently, I am aware of no less than five active patent lawsuits cumulatively involving scores of adult companies in actions involving a broad range of technologies and business methods including video streaming, live content presentation, thumbnail video content previews, whitelabeled services, and affiliate marketing programs.

The growing number of patents involving technologies commonly used by adult entertainment companies is an important matter with serious ramifications for adult companies because the patent owners possess the broadest and most powerfully enforceable of all the intellectual property rights provided by law.

This is because patent owners wield the power of a government enforced monopoly resulting from the patent owner's right to exclude others from making, using, offering for sale, or selling the invention in the U.S. or importing the invention into the U.S.

And when it comes to damages for patent infringement, the sky is the limit. For example, not long ago, Sony Corp. was held to be an infringer of patents pertaining to certain tactile sensation technologies owned by Immersion Corp.

The amount of damages Sony was required to pay to Immersion Corp. amounted to more than $150 million. Now if you are thinking that a damage award of that size must be unprecedented or that a case like Immersion vs. Sony couldn't possibly involve the adult industry, you would be wrong on both counts.

Patent damage awards over $10 million are actually fairly common, and larger awards have ranged as high as the $1.5 billion award to Lucent Technologies in a patent infringement suit against Microsoft (Lucent Technologies, Inc. vs. Gateway Inc. and Microsoft Corp.).

Further, it may surprise you that Immersion Corp.'s victory has a direct connection to the adult industry. This is because the patent rights exploited by AEBN regarding its revolutionary RealTouch haptic product come from the tactile sensation technology patents owned by none other than Immersion Corp.

As I indicated in an article last year regarding the recent increase in patent infringement filings, we are likely at the only at the beginning of what may grow to be a torrent of Internet litigation based on patent rights (see “Another “Patent Troll” Attacks The Business And It's VS Media To The Rescue Again” at www.xbiz.com). This is because the following factors have come together to strongly encourage such litigation:

• Almost every aspect of ecommerce and the technologies that provide the means to engage in it are now likely to be either covered by existing patents or are the subject of pending patent applications.

• Patents take a long time to issue. For reasons beyond the scope of this article, patent issuance in recent years has been even slower than the norm. As a result, applications covering e-commerce technologies and business methods that were filed as long ago as ten years are now finally issuing in very large numbers.

• Significantly contributing to the number of patent infringement lawsuits is the proliferation of companies, called “patent trolls,” that specialize in buying of large numbers of patents for the express purpose of enforcing rights under the patents to obtain royalty payments.

Mounting a defense against a patent troll, even if the defendant is in the right and never infringed the patent in question, can easily cost millions of dollars in legal fees that are not generally recoverable if the defendant prevails.

In fact, even if a defendant is successful in convincing the court to rule that the patent claims asserted by a plaintiff are entirely invalid to begin with, the defendant is still unlikely to get any reimbursement of attorney's fees unless the defendant can show that the patentee committed fraud on the patent office, which is rare and very difficult to prove.

So given the fact that patent rights owners hold some pretty powerful cards, the fact that thousands of patents covering business methods have been issued since they were formally recognized as patentable processes in the late 1990s has been a matter of great controversy and legitimate concern to companies that fear that their business models might actually be owned by other parties.

As expected, the enforcement of business method patents has resulting in a lot of litigation. It has also stirred a great debate over whether the allowing business methods to be monopolized via patents will encourage business model innovation or stifle it.

As a patent attorney who has represented clients on both sides of the issue, I have been deeply involved in the debate. I have also known from the beginning that the matter would eventually have to be resolved by the U.S. Supreme Court. And then came the patent infringement case of Bilski vs. Kappos.

The Bilski case.

This case started when the applicants (Bilski, et al) were denied a patent by the U.S. Patent and Trademark Office for a process of managing risk in commodities trading. The USPTO patent examiner assigned to process the Bilski's patent application deemed the invention not to be of patentable subject matter under the patent statute (35 U.S.C. § 101). The decision was appealed by the applicants to the Board of Patent Appeals and Interferences, which affirmed the examiner's decision.

On further appeal by the applicants, to the U.S. Court of Appeals for the Federal Circuit, the decision was again affirmed. The Federal Circuit court based its decision on Supreme Court precedent stating that an invention is patentable if: “(1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing.” Reasoning from this, it held that the applicants' invention clearly failed this test (“machine-or-transformation test”) and therefore did not constitute patentable subject matter.

The applicants then sought and received review by the U.S. Supreme Court regarding the questions of (1) whether the Federal Circuit erred by using the machine-ortransformation test in determining patentable subject matter, and (2) whether the machine-or-transformation test would effectively prevent patent protection for many business methods contradicting congressional intent to protect “methods of doing or conducting business.”

In on June, the court issued its long awaited ruling. In its opinion, the court affirmed the Federal Circuit, holding that the invention is not patentable subject matter.

All nine justices agreed that Bilski's method of hedging risk was not patentable because it is an abstract idea, which is not patentable subject matter under the Patent Act. With Justice Anthony M. Kennedy writing for the majority, the court held that, “The concept of hedging, described in Claim 1 and reduced to a mathematical formula in Claim 4, is an unpatentable abstract idea .... Allowing petitioners to patent risk hedging would preempt use of this approach in all fields, and would effectively grant a monopoly over an abstract idea.”

The court also reasoned that the Federal Circuit did not err by using the “machine-or-transformation test” to determine patentability. Interestingly, however, the court also held that the machine-or-transformation test is not the sole test for determining patent eligibility.

In the opinion, the court also noted that Section 273(b)(1) of the Patent Act providing for a type of defense to patent infringement “explicitly contemplates the existence of at least some business method patents.... [B]y allowing this defense the statute itself acknowledges that there may be business method patents.”

By acknowledging the validity of business method patents, the court dashed the hopes of opponents to such patents who wanted a clear indication that they were categorically invalid. Instead, just the opposite occurred. Specifically, business methods have now been clearly recognized by the court as a valid type invention contemplated by the Patent Act.

But also true is the fact that there is now nothing resembling clarity as to where the line will be drawn between a merely abstract idea and a patentable business method. All we know is that machine-or-transformation test can be used as a method to make that determination.

So, you may be asking, what does this mean and how is it going to affect my business?

The Supreme Court's opinion in Bilski will likely have profound implications for companies across the broadest spectrum of commerce imaginable. But now, because of the Bilski opinion, patents issued for business methods that passed the machine-or-transformation test at the patent application stage are much more likely to be viewed as valid and enforceable.

This will likely have significant implications for businesses using business methods involving computers, especially if the business methods involve the Internet.

Clearly this will include computer driven means of providing entertainment, including adult entertainment.

So, in light of the decision, I believe following guidance, which is, in part, what I am providing to my clients, is now warranted:

• Be aware that business method patents are not going away. As such, it is important to know that there will likely be an increasing amount of patent infringement litigation. The Bilski ruling is great news for the patent trolls

• Consult with patent counsel to evaluate your company's exposure to patent infringement directly and through others providing technology and other services to your company by upsell fulfillment, white-labeling, etc. Often patent infringement liability can be avoided by modification of the way something is done so that it does not infringe the patent.

Unfortunately, most companies skip the evaluation suggestion above to save money and proceed unknowingly to infringe one or more patents in a way that could have easily been avoided.

Once the infringement starts, however, even if it is innocent or unknowing, it is still patent infringement with all the associated liability potential discussed above. Unlike other forms of intellectual property like copyrights, there is no “fair use” or innocent use of patent rights that can shield an infringing party from damages for infringement.

• If your company is considering or commencing a new business model involving the use of computers, in the wake of the Bilski decision, you are well advised to at least consider (1) conducting a patent search to determine if the method of doing business will infringe an issued patent and (2) if the business model your company is considering was created by you or your company, you want to consider filing a patent application to acquire valuable patent rights in the invention.

But note, for reasons beyond the scope of this article, the right to obtain a patent can be easily lost due to public use of the invention, public disclosure and for other reasons.

So if there is any consideration of the possibility of pursuing a patent application regarding the invention, immediate consultation with a patent attorney is strongly recommended.

Gregory A. Piccionelli is an intellectual property and adult entertainment attorney. He can be reached at Piccionelli & Sarno at (805) 497-5886 or greg@piccionellisarno.com.

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Summer of Really Big Court Decisions | View Clip
10/09/2010
xbiz.com

" In the first month of the summer of 2010 the federal courts provided us with rulings on three very important and very closely followed cases. "

From time to time there are rulings in court cases that dramatically affect the entire adult entertainment industry.

One such ruling, for example occurred in December of 2006, when a federal judge in Colorado ruled the 2257 regulation's old secondary-producer requirements to be unconstitutional.

That case provided a large number of Free Speech Coalition members who would have been subject to the regulations as secondary producers a nearly three-year reprieve from the onerous provisions until new regulations could be properly enacted by Congress and promulgated by the Justice Department.

Another milestone case was, of course, last year's ruling in the 9th U.S. Circuit Court of Appeals that established for the first time that content distributed via the Internet must be judged by a national standard in obscenity cases and not by the local community standards of the place the material is transmitted from or received.

In doing so, the court deprived the government of one of its most powerful tools in prosecuting obscenity cases, the ability to bring the action in the most conservative jurisdiction they can find, at least with respect to prosecutions in the 9th Circuit (California, Arizona, Nevada, Oregon, Washington, Idaho, Montana, Alaska, Hawaii, Guam and the Northern Mariana Islands).

Landmark cases affecting the entire adult entertainment industry are generally rare. Cases of great importance to both the adult and mainstream businesses rarer still. Therefore one does not expect, for example, that three court decisions of great importance to the entire entertainment industry would be handed down in a single month. But that is exactly what happened.

In the first month of the summer of 2010 the federal courts provided us with rulings on three very important and very closely followed cases: the stunning dismissal of the government's obscenity prosecution of John Stagliano and Evil Angel, the dismissal of Viacom's suit against Google alleging massive tube site copyright infringement via You Tube, and the U.S. Supreme Court's ruling in the case of Bilski vs. Kappos to determine if inventors can continue to obtain and enforce patents for business methods.

While all three cases are of great important to the adult entertainment industry, much has already been reported in adult entertainment press about the Stagliano case, so much in fact, I am concerned that the critical importance of the other two cases may have been somewhat underreported in the shadow of the government's defeat in the Stagliano case.

Therefore, this article will focus primarily on the Viacom and Bilski rulings, as it cannot be understated how both are likely to play a large role in shaping how the adult industry evolves and operates for the foreseeable future.

As such, adult industry entrepreneurs are well advised to obtain at least a fundamental understanding of what these rulings mean and how they will likely affect the industry for many years to come.

A brief word about the Stagliano case.

Before commencing our discussion regarding the very important rulings in the Viacom and Bilski cases, I would be remiss not to render at least a couple of opinions regarding the turn of events in the Stagliano/Evil Angel obscenity prosecution case.

In 2008, the Justice Department brought its mean spirited and otherwise wrongfully commenced obscenity prosecution of John Stagliano and Evil Angel supposedly, in part, to “show” the adult entertainment industry that mainstream adult content could be effectively prosecuted and found to be obscene. John Stagliano's stunning defeat of the government has instead resulting in what one might call a gigantic legal boomerang for our so-called “public servants” at the Obscenity Task Force.

To say the case was mishandled by the government would be a huge understatement. The magnitude of legal incompetence demonstrated in their prosecution of the case can only be compared in size to the magnitude of legal competence and professionalism demonstrated by my friends and collegues Paul Cambria, Bob Corn-Revere, Alan Gelbard and Louis Sirkin.

The government's attorneys were clearly outmatched by the defense team from the start. The prosecution's errors, both fundamental and abstract, were quickly and, even brilliantly I would say, seized upon and exploited maximally by the defense.

The case demonstrates once again why it is so important for adult entertainment industry participants to seek out the counsel of experienced adult industry attorneys.

The outcome of the Stagliano case stands in stark contrast to the outcome of the obscenity prosecution of Jim Schaffer and Jeffrey Kilbride who were represented in their obscenity trials by counsel that were not known by me, or any of my colleagues, as adult entertainment attorneys or obscenity defense experts. The contrasting results couldn't be clearer, John Stagliano is free, Schaffer and Kilbride are serving time.

As to the performance of the government's attorneys, well, I think that a statement by federal U.S. District Judge Richard Leon who presided over the case states it best:

“I trust the government will learn a lesson from its experience in this case.”

The implications of the ruling and, perhaps even more importantly the events that led to it, will be the subject of a separate upcoming article about the risks of obscenity prosecution in the wake of the Stagliano decision.

Viacom vs. Google, a big win for the tubes.

On June 23, U.S. District Judge Louis L. Stanton threw out Viacom's lawsuit against Google in which Viacom originally alleged $1 billion of copyright infringement damages resulting from unauthorized copying and distribution of its content via YouTube.

In granting Google's motion for summary judgment, Stanton said the company was shielded from Viacom's copyright claims by the “safe harbor” provisions of the Digital Millennium Copyright Act (DMCA). These statutory procedures can be used to protect a web site operator from contributory copyright infringement liability for content uploaded by users, provided that the operator takes down the material in response to proper notification by the content's rightful owner that it was uploaded without permission. These provisions provide the protections that have been heavily relied upon by many adult content tube sites to fend off copyright infringement claims.

So the issue of whether a tube site operator can rely on those protections even when the operator knows there is rampant copyright infringement occurring on the site has been a critical question in the determination of whether the operator is effectively shielded from contributory infringement or has huge infringement liability.

Viacom filed the case in 2007 alleging that Google was not entitled to the DMCA protections because it had deliberately turned a blind eye and profited from rampant piracy on YouTube after tens of thousands of its videos were uploaded to the site.

But while acknowledging that Google certainly knew that large amounts of copyrighted material had been uploaded to YouTube, Stanton refused to impose contributory liability for the infringements on Google because of Google's lack of knowledge regarding specifically which clips had been uploaded with permission and which had not.

Stanton also refused to recognize any obligation by Google to police every video uploaded to their sites stating that to do so “would contravene the structure and operation of the DMCA.”

Praising the statute's structure and operation, the judge went on to observe “The present case shows that the DMCA notification regime works efficiently: when Viacom over a period of months accumulated some 100,000 videos and then sent a mass takedown notice on Feb. 2, 2007, by the next business day YouTube had removed virtually all of them.”

Not surprisingly, Google's general counsel, Kent Walker, hailed the decision as a victory for creative artists stating that the ruling “was an affirmation of the emerging legal framework and ratifies the rules we have all been living under.” Also, as expected, Viacom will appeal the decision.

Because the decision is a ruling by a federal district court, and not a federal court of appeal, it is not binding law on courts outside the federal courts for the Southern District of New York. Nevertheless, that particular court is very well-regarded by many other courts and its rulings are often emulated in other jurisdictions. As a result, the ruling might rightly be viewed as perhaps the biggest legal setback yet for content producers battling rampant online infringement of their works.

For such content providers, including adult producers, who are already desperately struggling with the disastrous consequences of online piracy, the Viacom ruling will likely seem like nothing less than a green light to continued online infringement of their content.

While it is true that content providers still have remedies to combat such infringers under the DMCA, the likely practical impact of the of the decision was well stated by Eric Goldman, director of the High Tech Law Institute at the Santa Clara University School of Law: “The ruling should give online service providers a lot of comfort that copyright owners aren't going to be able to force them to change their behavior or put them on the hook for problems that their users create.”

So, for more conservative adult entertainment entrepreneurs who would like to cash in on the traffic generated by adult tube sites, but have heretofore refrained due to legal concerns, the Viacom decision begs the question of whether it is now possible to create a “legal” adult tube site. Well, thanks to Judge Stanton's ruling, it certainly is beginning to look like that might well be possible, at least from a contributory copyright infringement standpoint.

But I think a great deal of cautious consideration still needs to be exercised before going into the adult tube business and Stanton's decision should not by any means be viewed as a legal carte blanche for adult tubes.

It is critically important to remember that the Viacom case was about YouTube and not a sexually explicit adult content tube site. Many serious legal issues remain regarding adult tubes regardless of whether they comply with the DMCA and are shielded for contributory copyright infringement. This is because many laws other than copyright apply to adult tube sites.

For example, not all adult tube sites appear to be in compliance with all of the 2257 regulations that may apply to them. And, of course, the Viacom decision does not address a hardcore tube site operator's exposure to potential obscenity prosecution regarding material distributed from the operator's servers via the tube site. Because of this, obtaining appropriate legal guidance should be considered before commencement of any operation of a tube site depicting explicit sexual content.

Also, because Stanton reached his decision in large part because of what he deemed to be Google's effective compliance with the DMCA's takedown procedures, anyone operating a content tube or building one should become very familiar with these and other requirements that must be complied with in order to obtain the kind of protection provided to Google.

The procedures are available at the Copyright Office's website (www.copyright.gov). But, as is often the case when it comes to government online publication of regulations, the rules are just the beginning. This is another area that really requires counseling by a qualified adult industry attorney given the enormous potential financial consequences of getting it wrong.

The Viacom case will now go before the 2nd U.S. Circuit Court of Appeals. Regardless of the outcome there, I predict that the losing party will almost certainly petition the U.S. Supreme Court to reverse the 2nd Circuit decision. So I think its safe to say that this case will be one to watch for sometime to come.

Business method patents survive Bilski vs. Kappos ruling.

As discussed in many of my previous XBIZ articles many adult entertainment companies are increasingly becoming the targets of patent infringement lawsuits, particularly regarding their use of technologies or business methods associated with their online businesses.

Currently, I am aware of no less than five active patent lawsuits cumulatively involving scores of adult companies in actions involving a broad range of technologies and business methods including video streaming, live content presentation, thumbnail video content previews, whitelabeled services, and affiliate marketing programs.

The growing number of patents involving technologies commonly used by adult entertainment companies is an important matter with serious ramifications for adult companies because the patent owners possess the broadest and most powerfully enforceable of all the intellectual property rights provided by law.

This is because patent owners wield the power of a government enforced monopoly resulting from the patent owner's right to exclude others from making, using, offering for sale, or selling the invention in the U.S. or importing the invention into the U.S.

And when it comes to damages for patent infringement, the sky is the limit. For example, not long ago, Sony Corp. was held to be an infringer of patents pertaining to certain tactile sensation technologies owned by Immersion Corp.

The amount of damages Sony was required to pay to Immersion Corp. amounted to more than $150 million. Now if you are thinking that a damage award of that size must be unprecedented or that a case like Immersion vs. Sony couldn't possibly involve the adult industry, you would be wrong on both counts.

Patent damage awards over $10 million are actually fairly common, and larger awards have ranged as high as the $1.5 billion award to Lucent Technologies in a patent infringement suit against Microsoft (Lucent Technologies, Inc. vs. Gateway Inc. and Microsoft Corp.).

Further, it may surprise you that Immersion Corp.'s victory has a direct connection to the adult industry. This is because the patent rights exploited by AEBN regarding its revolutionary RealTouch haptic product come from the tactile sensation technology patents owned by none other than Immersion Corp.

As I indicated in an article last year regarding the recent increase in patent infringement filings, we are likely at the only at the beginning of what may grow to be a torrent of Internet litigation based on patent rights (see “Another “Patent Troll” Attacks The Business And It's VS Media To The Rescue Again” at www.xbiz.com). This is because the following factors have come together to strongly encourage such litigation:

• Almost every aspect of ecommerce and the technologies that provide the means to engage in it are now likely to be either covered by existing patents or are the subject of pending patent applications.

• Patents take a long time to issue. For reasons beyond the scope of this article, patent issuance in recent years has been even slower than the norm. As a result, applications covering e-commerce technologies and business methods that were filed as long ago as ten years are now finally issuing in very large numbers.

• Significantly contributing to the number of patent infringement lawsuits is the proliferation of companies, called “patent trolls,” that specialize in buying of large numbers of patents for the express purpose of enforcing rights under the patents to obtain royalty payments.

Mounting a defense against a patent troll, even if the defendant is in the right and never infringed the patent in question, can easily cost millions of dollars in legal fees that are not generally recoverable if the defendant prevails.

In fact, even if a defendant is successful in convincing the court to rule that the patent claims asserted by a plaintiff are entirely invalid to begin with, the defendant is still unlikely to get any reimbursement of attorney's fees unless the defendant can show that the patentee committed fraud on the patent office, which is rare and very difficult to prove.

So given the fact that patent rights owners hold some pretty powerful cards, the fact that thousands of patents covering business methods have been issued since they were formally recognized as patentable processes in the late 1990s has been a matter of great controversy and legitimate concern to companies that fear that their business models might actually be owned by other parties.

As expected, the enforcement of business method patents has resulting in a lot of litigation. It has also stirred a great debate over whether the allowing business methods to be monopolized via patents will encourage business model innovation or stifle it.

As a patent attorney who has represented clients on both sides of the issue, I have been deeply involved in the debate. I have also known from the beginning that the matter would eventually have to be resolved by the U.S. Supreme Court. And then came the patent infringement case of Bilski vs. Kappos.

The Bilski case.

This case started when the applicants (Bilski, et al) were denied a patent by the U.S. Patent and Trademark Office for a process of managing risk in commodities trading. The USPTO patent examiner assigned to process the Bilski's patent application deemed the invention not to be of patentable subject matter under the patent statute (35 U.S.C. § 101). The decision was appealed by the applicants to the Board of Patent Appeals and Interferences, which affirmed the examiner's decision.

On further appeal by the applicants, to the U.S. Court of Appeals for the Federal Circuit, the decision was again affirmed. The Federal Circuit court based its decision on Supreme Court precedent stating that an invention is patentable if: “(1) it is tied to a particular machine or apparatus, or (2) it transforms a particular article into a different state or thing.” Reasoning from this, it held that the applicants' invention clearly failed this test (“machine-or-transformation test”) and therefore did not constitute patentable subject matter.

The applicants then sought and received review by the U.S. Supreme Court regarding the questions of (1) whether the Federal Circuit erred by using the machine-ortransformation test in determining patentable subject matter, and (2) whether the machine-or-transformation test would effectively prevent patent protection for many business methods contradicting congressional intent to protect “methods of doing or conducting business.”

In on June, the court issued its long awaited ruling. In its opinion, the court affirmed the Federal Circuit, holding that the invention is not patentable subject matter.

All nine justices agreed that Bilski's method of hedging risk was not patentable because it is an abstract idea, which is not patentable subject matter under the Patent Act. With Justice Anthony M. Kennedy writing for the majority, the court held that, “The concept of hedging, described in Claim 1 and reduced to a mathematical formula in Claim 4, is an unpatentable abstract idea .... Allowing petitioners to patent risk hedging would preempt use of this approach in all fields, and would effectively grant a monopoly over an abstract idea.”

The court also reasoned that the Federal Circuit did not err by using the “machine-or-transformation test” to determine patentability. Interestingly, however, the court also held that the machine-or-transformation test is not the sole test for determining patent eligibility.

In the opinion, the court also noted that Section 273(b)(1) of the Patent Act providing for a type of defense to patent infringement “explicitly contemplates the existence of at least some business method patents.... [B]y allowing this defense the statute itself acknowledges that there may be business method patents.”

By acknowledging the validity of business method patents, the court dashed the hopes of opponents to such patents who wanted a clear indication that they were categorically invalid. Instead, just the opposite occurred. Specifically, business methods have now been clearly recognized by the court as a valid type invention contemplated by the Patent Act.

But also true is the fact that there is now nothing resembling clarity as to where the line will be drawn between a merely abstract idea and a patentable business method. All we know is that machine-or-transformation test can be used as a method to make that determination.

So, you may be asking, what does this mean and how is it going to affect my business?

The Supreme Court's opinion in Bilski will likely have profound implications for companies across the broadest spectrum of commerce imaginable. But now, because of the Bilski opinion, patents issued for business methods that passed the machine-or-transformation test at the patent application stage are much more likely to be viewed as valid and enforceable.

This will likely have significant implications for businesses using business methods involving computers, especially if the business methods involve the Internet.

Clearly this will include computer driven means of providing entertainment, including adult entertainment.

So, in light of the decision, I believe following guidance, which is, in part, what I am providing to my clients, is now warranted:

• Be aware that business method patents are not going away. As such, it is important to know that there will likely be an increasing amount of patent infringement litigation. The Bilski ruling is great news for the patent trolls

• Consult with patent counsel to evaluate your company's exposure to patent infringement directly and through others providing technology and other services to your company by upsell fulfillment, white-labeling, etc. Often patent infringement liability can be avoided by modification of the way something is done so that it does not infringe the patent.

Unfortunately, most companies skip the evaluation suggestion above to save money and proceed unknowingly to infringe one or more patents in a way that could have easily been avoided.

Once the infringement starts, however, even if it is innocent or unknowing, it is still patent infringement with all the associated liability potential discussed above. Unlike other forms of intellectual property like copyrights, there is no “fair use” or innocent use of patent rights that can shield an infringing party from damages for infringement.

• If your company is considering or commencing a new business model involving the use of computers, in the wake of the Bilski decision, you are well advised to at least consider (1) conducting a patent search to determine if the method of doing business will infringe an issued patent and (2) if the business model your company is considering was created by you or your company, you want to consider filing a patent application to acquire valuable patent rights in the invention.

But note, for reasons beyond the scope of this article, the right to obtain a patent can be easily lost due to public use of the invention, public disclosure and for other reasons.

So if there is any consideration of the possibility of pursuing a patent application regarding the invention, immediate consultation with a patent attorney is strongly recommended.

Gregory A. Piccionelli is an intellectual property and adult entertainment attorney. He can be reached at Piccionelli & Sarno at (805) 497-5886 or greg@piccionellisarno.com.

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DRAMA-FILLED DAY FOR DEFENSE
10/08/2010
San Jose Mercury News

In a shocking courtroom conflict Thursday in the Los Gatos murder-for-hire trial, defense lawyer Harry Robertson asked for a mistrial, accusing a fellow defense lawyer of acting as a "second prosecutor" by undermining his case with spiteful comments, loud sighs, "fluffing" of his arms and objections that should be left to the prosecution.

Robertson, who represents lead defendant Paul Garcia, also accused public defender Charlie Gillan of sabotaging the entire defense team. More than once, Robertson said, Gillan has said in court that if Gillan's client, the suspected hit man, "is going down, everyone is going down."

Gillan argued that he was only acting in the interest of his client and was frustrated with Robertson's delays. Judge David Cena denied the mistrial motion.

In another stunning development, Garcia, who has been sitting quietly at the defense table throughout the six-week trial, is planning to take the witness stand Tuesday morning in his own defense. This after weeks of testimony that Garcia was so obsessed with bartender Tessa Donnelly, and jealous that she was also dating Mark Achilli, who sold him Mountain Charley's Saloon and the 180 Restaurant & Lounge in late 2007, that he contracted a middleman and a hit man to gun down Achilli in the driveway of his Los Gatos townhouse in March 2008.

"What Paul has said more than once is, 'How would you feel if you're falsely accused and want to defend yourself?'"?" Robertson said later Thursday. While Robertson acknowledged it was an unusual defense move, "it is his choice under law and a right that is really crucial to this case."

All three defendants -- Garcia, suspected middleman Miguel Chaidez and accused hit man Lucio Estrada -- are on trial for murder together. Each defendant has his own lawyer, although none of them ever requested to be tried separately.

The third defense lawyer in the case, James Leininger, who represents the accused middleman, sided with Robertson against Gillan, telling the judge he's never seen such unprofessional conduct in his 42 years as a lawyer.

"There's a higher standard in this business than our own egos," Leininger told the judge.

Law professor Edward Steinman from Santa Clara University said the judge was clearly implying that Robertson will just have to "deal with it," especially since the judge "has not objected to Gillan's behavior and the judge has not tried to rein him in and sees his behavior as not harmful."

Robertson may regret that he didn't ask early on for a separate trial for his client, Steinman said, but he is also clearly laying the groundwork for an appeal if his client is convicted.

Gillan defended himself before the judge, saying he has been "frustrated" with Robertson routinely being 10 minutes late to court and constantly asking leading questions that don't follow the rule of law. He said he fears the jury will be frustrated with the delays and "endless bench conferences" and "will hold it against me and my client."

"I am not acting as a second prosecutor," Gillan said. "Everything I do benefits Lucio Estrada. I have to be an advocate of Mr. Estrada, even if it is to the detriment of Paul Garcia."

Just how Gillan's comments and objections benefit his client haven't been made clear, although Gillan said outside court that it will all make sense when he delivers his closing argument, expected next week.

After five weeks of prosecution witnesses and more than 200 pieces of evidence, Gillan this week opted not to present a defense case for Estrada, saying he was relying on his cross-examination of the earlier witnesses. There has been no testimony so far that there was any contact between Estrada and Garcia, or that they could directly implicate each other.

Instead, it was former Mountain Charley's bouncer Daniel Chaidez who confessed to police and testified in return for a lighter sentence that Garcia asked him to arrange the killing. Chaidez said he called his cousin, Miguel Chaidez, who contracted Estrada to do the shooting. Estrada's DNA was found on several pieces of evidence, including gun gloves and a discarded ball cap, near the scene of the crime. Gillan has said his client was at the scene but wasn't the shooter.

Robertson's request for a mistrial came Thursday morning after five attempts by Gillan to undercut Robertson's witness -- including Gillan interrupting Robertson with "I object to the objections."

In particular, under questioning from Robertson, Mountain Charley's investor Brad Tarter, a friend of Garcia's, said he was paid small amounts of cash from time to time as returns on his investment in the club. Robertson has been trying to make the case that Garcia withdrew $9,500 in the days before Achilli's death to pay business expenses, not hire a hit man, as the prosecution contends.

But instead of prosecutor Jeff Rosen undermining the relevance of Tarter's testimony, it was Gillan who stood up and did the discrediting.

In dramatic fashion, after Tarter said he received about $210 in cash, Gillan asked whether he received, $1,000, $2,000 or $9,500 from Garcia, and whether he received it the day before, during or after the killing. Tarter said no to all of his questions.

A few minutes later, Gillan piggybacked on a prosecution objection, calling Robertson's query "compound and argumentative."

Cena said Gillan's behavior did not amount to denying Garcia a fair trial. When the judge asked Rosen whether he would like to weigh in from the prosecution point of view, Rosen politely declined.

Contact Julia Prodis Sulek at 408-278-3409.

Copyright © 2010 San Jose Mercury News

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Leon Panetta Talks about National Security and the Law at Santa Clara University | View Clip
10/08/2010
KGO-TV

A visit from SCU alumnus and CIA Director Leon Panetta was featured on ABC7.

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Met Whitman fuzzes Rose Bird quote as Jerry Brown backpedals | View Clip
10/08/2010
San Francisco Chronicle - Online

| Main By Bob Egelko

Twenty-four years after from breast cancer, California's first female Supreme Court justice is still a punching bag for... 0 var fbfa3d9aff8de61789450ac5725592b788 = new customSocial('facebook','fbfa3d9aff8de61789450ac5725592b788', 'http://www.sfgate.com/cgi-bin/blogs/nov05election/detail?entry_id=73674',''); By Bob Egelko Twenty-four years after from breast cancer, California's first female Supreme Court justice is still a punching bag for politicians -- even, it seems, the politician who appointed her.

Republican Meg Whitman brought up Bird's name early in the to remind voters that her Democratic opponent, Jerry Brown, had picked a jurist who voted to overturn 64 death sentences. Whitman proceeded to lift an obscure Bird quote out of context that made the late chief justice -- and, by implication, Brown -- sound pro-criminal.

Brown's response? I didn't know how she'd rule when I appointed her, so don't blame me -- something he never said publicly while Bird was in office.

It was no surprise that Whitman took on Bird, who's become a byword for judicial liberalism ever since Brown made her one of his first two appointees to the court in 1977. Voters removed her nine years later in a campaign that was largely funded by businesses but focused on her court's record of overturning 61 of the 64 death sentences it considered.

Brown "has a long 40-year record of being quite liberal on crime," which "started with the appointment of Rose Bird," Whitman told the debate audience. "And she said once, 'The only good outcome is an outcome that favors the defense.' "

Those who knew Bird, such as longtime aide Stephen Buehl and former Supreme Court colleague Joseph Grodin, say they can't imagine the chief justice making such an extreme statement. Asked for documentation, Whitman campaign spokesman Darrel Ng cited "Jerry Brown's Judicial Legacy," a 1982 book by three conservative activists, that contains this passage: "Bird has succinctly described her judicial views. 'Justice,' she said, 'is when the defense wins.' " She was supposed to have said it in a conversation with Stan Boyles of the Idaho attorney general's office.

It took a couple of phone calls to locate the former Idaho lawyer, whose name is actually Stan Voyles and who lives in the Santa Cruz Mountains. He confirmed that Bird had once told him "something to the effect of, 'Justice is when the defense wins,' " but she said it while she was a public defender in Santa Clara County and he was a Stanford law student assigned to the local court. That was in 1972, five years before Bird became a judge.

Voyles doesn't remember the context -- whether Bird was discussing a particular case or all of her work -- but he doesn't think she was joking. He repeated her comment when he testified against her at her 1977 confirmation hearing, and he later took part in the 1986 campaign against her, while working as a Santa Clara County prosecutor.

Assuming Voyles is quoting Bird accurately, Bird's friends scoffed at the suggestion that she was expressing her judicial philosophy. As Grodin, who was also voted off the court in 1986 and is now a UC Hastings law professor, put it, "Outside of the death sentences, she voted to affirm a lot of convictions."

In any event, using a defense lawyer's private comment to sum up her later attitude as a judge might seem like a stretch, but the Whitman campaign isn't backing off. As spokesman Ng put it in an e-mail, "Rose Bird's philosophy is her philosophy, regardless of whether she was on the bench at that time or at some other point in her adult legal career."

This was Brown's response at the debate: "As far as appointing judges, Dwight Eisenhower appointed Earl Warren, the most liberal justice in all of history, and he certainly didn't expect that."

Sounds reasonable enough -- judges, after all, are supposed to be independent of the presidents and governors who appoint them. All that Brown meant, said campaign spokesman Sterling Clifford, was that "as governor, he certainly couldn't have anticipated all of Rose Bird's decisions."

But his statement implied a lot more than that. Eisenhower was not just surprised by Warren's rulings but was openly critical, particularly of the Brown vs. Board of Education case that outlawed school segregation. Ike was widely reported to have called Warren and fellow liberal Justice William Brennan the biggest mistakes he ever made.

Brown hasn't said anything like that about Bird. But his attempt to distance himself from his appointee by invoking Eisenhower is a tough comparison to make. Eisenhower wasn't especially close to Warren, but appointed him in a well-documented political trade: the California governor pledged to support Ike at the 1952 Republican convention in exchange for the first available Supreme Court vacancy.

Brown and Bird, on the other hand, had known each other since law school at UC Berkeley. She worked in his 1974 campaign, drove his campaign car, and served in his Cabinet as Agriculture and Services secretary. And the year he appointed her to the court was also the year he vetoed a bill to reinstate the death penalty, citing his personal opposition to capital punishment.

Brown may not have agreed with some of Bird's later rulings but he never said so publicly when she was around to defend them.

Gerald Uelmen, a Santa Clara University law professor and court historian, said he doesn't buy Brown's "Eisenhower defense."

"I think he (Brown) knew what he was getting," Uelmen said. "I think what's going on here is a little rewriting of history."

E-mail Bob Egelko at begelko@sfchronicle.com. Posted By: Bob Egelko (Email) | October 08 2010 at 05:24 PM Listed Under: http://www.sfgate.com/cgi-bin/blogs/nov05election/detail?entry_id=73674 del.icio.us Digg Technorati Reddit LinkedIn Facebook Slashdot Fark Newsvine Google Bookmarks Twitter Share | Email // sfgate_all_entries.rows['blogEntryId73674'] = ; sfgate_all_entries.ok.push('blogEntryId73674'); // | Main By Bob Egelko Twenty-four years after from breast cancer, California's first female Supreme Court justice is still a punching bag... // var sfgate_page_title = document.getElementById('sfgate_page_title').innerHTML; var sfgate_article_paratext= document.getElementById('sfgate_article_paratext').innerHTML; // // var cso_cookie_tval = sfgate_getSortOrderVal(); var cpp_cookie_tval = sfgate_getCommentsPerPage(); document.write('pas:pluck_comments plckCommentOnKeyType="article" plckCommentOnKey="'+sfgate_file+'" plckShortList="false" plckDiscoverySection="'+(sfgate_artsec ? sfgate_artsec : '')+'" plckDiscoveryCategories="'+(sfgate_categories ? sfgate_categories.join(',') : '')+'" plckSort="'+cso_cookie_tval+'" plckItemsPerPage="'+cpp_cookie_tval+'" plckArticleUrl="http://'+window.location.host+sfgate_success_page+'" sfgate_refreshBaseURL="/cgi-bin/blogs/nov05election/detail"/pas:pluck_comments'); // var onespot = ], query_parameters: 'entry_id', page_url: 'http://www.sfgate.com/cgi-bin/blogs/nov05election/detail?blogid=14&entry_id=73674' ; // sfg_ShowListings(); //

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Not Everyone Is AWOL | View Clip
10/08/2010
Inside Higher Ed

Military service, Defense Secretary Robert Gates said last week in a speech at Duke University, âhas become something for other people to do.â And nowhere, he implied, has that attitude become quite as acute as it is at elite colleges.

âOver the past generation many commentators have lamented the absence of ROTC from the Ivy League and other selective universities,â he said. âInstitutions that used to send hundreds of graduates into the armed forces ⦠now struggle to commission a handful of officers every year.â

Gates praised Duke, with Army, Navy and Air Force Reserve Officers' Training Corps programs on its campus, as âa notable and admirable exceptionâ to the rule that the U.S. military is not the place for the countryâs elite. Conservatives have leaped to back Gates's , but some elite institutions do have them. Cornell and Princeton Universities and the Massachusetts Institute of Technology are among the top-ranked institutions with ROTC programs that operate without incident. Leading public institutions including the University of California at Berkeley, the University of Michigan at Ann Arbor and the University of Wisconsin at Madison, all with histories of protests and activism, continue to offer ROTC to their students.

Since the height of the Vietnam War, some Ivies and many other top colleges have kept ROTC off their campuses, exacerbating the divide, Gates said, between those who seriously consider military service and those who dismiss it. â[W]hatever their fond sentiments for men and women in uniform, for most Americans the wars remain an abstraction, a distant and unpleasant series of news items that does not affect them personally.â Opposition to the militaryâs âdonât ask, donât tellâ policy has been used by administrators at Harvard and Stanford Universities, among other institutions where policies ban anti-gay bias, to explain the decision to keep ROTC off campus.

Lt. Col. Peter Oertel, commander of Duke's Air Force ROTC unit, said Gatesâs speech rang true to some extent. âThere is general support for the military,â and a contingent of dozens of ROTC students, but not overwhelming support,he said. âPeople are accepting, but donât go one way or another, this is another diversity issue for a lot of them and they respect us.â

âWe are not looked down on, we are not promoted,â is how Lt. Col. John R. Stark described the treatment by students and administrators of Tiger Battalion, the Army ROTC group at Princeton. According to Army data, there are 22 Princeton student cadets in the unit. Stark describes them as âa very dedicated core that will always be there to serve the country.â Nonetheless, he said, most Princeton students take the âsomething for other peopleâ stance that Gates described in his speech. âI think most of the students on the campus notice us or pay all that much attention to Iraq the military. Theyâre generally assuming military service is for somebody else.â

Princeton students are interested in the militaryâs conflicts, but âtheyâre grand strategists, not tacticians,â Stark said, more interested in studying war from a public policy and international affairs perspective than in preparing themselves to engage in battle.

The same is true at many other elite institutions. At colleges that donât have their own units, there are varying â but still small â levels of participation. Harvard sends a handful of students across Cambridge to the Air Force, Army and Navy units at MIT. Students at Yale University have the option of driving 60 miles to the University of Connecticut for ROTC, not particularly attractive. Stanford University students have the option of going to Santa Clara University for Army ROTC, but none do.

Army ROTC Enrollments at Selected Campuses University Cadets Cornell University 34 Duke University 27 Massachusetts Institute of Technology 13 Princeton University 22 University of California-Berkeley 15 University of Michigan 64 University of Virginia 82 In a speech at Columbia University in September 2008, then-Senator Barack Obama onto campuses that banned the program during the Vietnam War. âThe notion that young people here at Columbia, or anywhere, in any university, arenât offered the choice, the option of participating in military service, I think is a mistake,â he said. Columbia debated the return of ROTC in 2005, in a vote by the university's senate.

At Duke last week, Gates, who spent four years as president of Texas A&M University before being appointed to his cabinet post by President George W. Bush in 2006 embraced the notion that ROTC might return to elite institutions. âI am encouraged that several other comparable universities â with the urging of some of their most prominent alumni, including the president of the United States â are at least reconsidering their position on military recruiting and officer training â a situation that has been neither good for the academy or the country,â he said.

Harvard President Drew Gilpin Faust "regularize our relationship" with the military should "don't ask, don't tell" be repealed. In March, Stanford to study the possible return of ROTC to the campus.

At the University of Michigan, said Lt. Col. Wayne Doyle, operations officer for the Army ROTC there, âthe vast majority of people I come across really appreciate what we doâ and accept â if not embrace â the groupâs presence on campus. âNo oneâs protesting us. There are people everywhere who donât like war, but we donât have any problems here.â

According to official Army ROTC enrollment statistics, there are 64 cadets at Michigan. The Navy and Air Force groups there are slightly larger, Doyle said, in all totaling about 300 students. While a small number on a campus with 25,000 undergraduates, the participation rate is about average as for the nation as a whole, where fewer than 1 percent of the population is in the armed forces.

The students in all of Michiganâs ROTC programs, Doyle stressed, âdonât feel like theyâre outcasts because theyâre in ROTC.â Many are active in other student groups and âfeel as much a part of U. of M. as anyone else here.â

ROTC Participation at Universities That Keep ROTC Away From Campus Institution Host for Program Cadets Brown University Providence College 1 Dartmouth College Norwich University 8 Harvard University Massachusetts Institute of Technology 7 Stanford University Santa Clara University 0 University of Chicago University of Illinois at Chicago 3 University of Pennsylvania Drexel University 3 Yale University University of Connecticut 0 The same is true at Cornell, said Second Lieut. Carolyn Richley, who graduated from the universityâs Army ROTC Excelsior Battalion in May. While she was an active and engaged member of the battalion for all four years as an undergraduate, Richley was also in a sorority and involved in other campus activities. âThe biggest challenge for me wasnât about being misunderstood or treated differently because I was in ROTC,â she said, âit was time management, because I was always doing a lot of different things.â

Richley said although âthe stereotypes of ROTC and a sorority donât really go together,â there were a handful of students involved in both groups during her time at Cornell. âDuring rush, some girls were like, âohhh, youâre doing that â thatâs weirdâ but most were really accepting of it and respected my choice,â she said. âEspecially in the sorority I ended up joining, most girls were really open-minded.â

For two years, she lived in her sororityâs house and the only complications came with scheduling. âSometimes when people wanted to go out on a Thursday night it was kind of hard, since Iâd need to wake up at 5:30 the next morning, but other than that, it wasnât difficult.â Richley majored in civil engineering and is spending two months this fall at Cornell helping with recruitment efforts before heading to training for the Army Corps of Engineers.

Capt. Lisa Dwyer, scholarship and enrollment officer at Excelsior Battalion, said she is irritated by media coverage of ROTC that paints the Ivy League and elite institutions as unwelcoming to the military even as Cornell supports not just Army ROTC, but also Air Force and Navy units. This fall, according to Army data, there are 34 Cornell students registered as cadets.

Because of Cornellâs status as a land grant institution, ROTC continued to exist there during the Vietnam War, even as protests pushed it off the campuses of the other seven Ivies. âCornell has a history of supporting military training efforts â teaching military tactics is part of the charter â and thatâs the attitude here,â Dwyer said.

The only other Ivy with an active Army ROTC unit is Princeton, where protesters pushed ROTC off campus during Vietnam. While Air Force and Navy units never returned, Army ROTC did, after a brief hiatus, in 1972. Since then, faculty and administrators have largely been supportive of the unit. âThe university wants ROTC to have a home here, but thereâs not really a champion,â said Stark, who in addition to his duties leading Tiger Battalion is also a lecturer in Princetonâs history department, this fall teaching an upper-level undergraduate seminar called âThe American Military Experience.â âTheyâre not really going to publicize or celebrate military service.â

Nonetheless, he said, Princeton is more attractive for ROTC than most of its peer institutions. âIn the Ivies, if you want to do Army ROTC, you go to Princeton or Cornell,â he said, âor maybe Harvard where you can go to MIT, but I donât think thereâs a sense of being quite as welcome.â

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Prop. 19 passage could spark U.S.-California legal war over pot | View Clip
10/08/2010
Sacramento Bee - Online, The

Backers of California's Proposition 19 call it a landmark challenge to America's war on drugs. But passage of the initiative to legalize pot for recreational use may open up a legal war between California and the federal government.

Some fear a renewed surge of federal raids, similar to actions that shut down medical pot shops, targeted suppliers and doctors after California voters passed Proposition 215, its medical marijuana law, in 1996.

Even some fervent proponents of the initiative to allow anyone 21 and over to smoke pot say federal authorities would quickly sue California to overturn the new law.

"I have no doubt that the feds will file suit if Proposition 19 passes," said Dale Gieringer, California director for the pro-legalization National Organization for Reform of Marijuana Laws.

In an Aug. 24 letter, nine former administrators for the Drug Enforcement Administration urged Attorney General Eric Holder to bring suit against California – just as the Obama administration sued Arizona when that state passed a controversial law aimed at illegal immigrants.

"The California proposition is not a close call," wrote the ex-DEA administrators, including Robert Bonner, the former supervising U.S. attorney in Los Angeles. "It will be a clear conflict with established federal law."

Reached Wednesday in Mexico City, where he was attending a drug policy conference, Bonner said the California measure conflicts with United Nations treaties signed to prevent the spread of psychoactive drugs.

"The United States has treaties that would be violated if Proposition 19 were enacted. It would send a terrible signal to countries of the world," he said.

The U.S. Justice Department isn't saying how it would respond if Proposition 19 passes.

"The Department of Justice will continue to focus its enforcement resources on significant traffickers of illegal drugs, including marijuana," said Justice Department spokeswoman Tracy Schmaler in Washington, D.C. "It is premature to speculate what steps we would take in the event that California passes its ballot measure."

Backlash could hurt medical pot users

Last year, Attorney General Eric Holder declared the federal government would no longer target medical marijuana operations in states permitting medical use.

California and 13 other states now permit medical marijuana. And federal raids on medical pot establishments – particularly those catering to the seriously ill – stirred political sympathies in favor of medical marijuana.

Now legal observers, such as Santa Clara University law professor Gerald Uelmen, say Proposition 19 could upset the accord that federal agents and California established with medical use.

"I think it will open up a new order of conflict between the state and the feds," Uelmen said. "The feds resisted (Proposition 215) from the get-go. But I think we finally wore them down.

"Now, if we open the door to lawful cultivation and distribution for recreational use, I think there will be a very strong reaction."

In 2001, Uelmen unsuccessfully argued before the U.S. Supreme Court on behalf of the Oakland Cannabis Buyers Cooperative serving medical marijuana patients.

The court, in a decision written by Justice Clarence Thomas, declared that marijuana was still illegal, and a "medical exception" defense for the Oakland pot club was invalid under federal law.

In a 2005 case, the high court also ruled against California petitioner Angel Raich, whose six-plant medical marijuana garden was raided by DEA agents after Butte County authorities declined to file state drug charges against him.

In the second ruling, Justice John Paul Stevens wrote that although "California has been a pioneer in the regulation of marijuana," enforcement of Federal Controlled Substance Act prohibitions against pot remain "a valid exercise of federal power."

President Barack Obama is opposed to legalizing marijuana. His 2010 National Drug Control Strategy statement declares: "This administration firmly opposes the legalization of marijuana or any other illicit drug."

Still, retired Orange Superior Court Judge James Gray, a backer of Proposition 19, said he believes public acceptance of marijuana will diminish the federal response.

"I cannot conceive that the Obama administration would thumb its nose at the voters of the state of California," Gray said.

Passage could put state, federal law in conflict

Proposition 19 would allow Californians over 21 to possess marijuana for recreational use and permit them to grow pot in small residential spaces. It would also allow local governments to tax retail sales and production.

Zenia Gilg, a San Francisco attorney who handles medical marijuana cases, said federal authorities are unlikely to target average Californians if Proposition 19 passes. But she said they may well raid large-scale marijuana producers.

In Oakland, producers readying industrial growing rooms for medical pot are eying expansion into legal recreational weed. The city has already approved a conditional tax if Proposition 19 passes.

Gilg says that may be a dilemma for federal agents.

"If they're going to prosecute the guy at the till (of a marijuana business) and not the city or county, they run into a political quagmire," Gilg said. "Because they're not going to prosecute the city or county."

In California's medical marijuana market, dispensaries account for more than $100 million in sales taxes, according to state estimates.

But Uelmen said the mere act of paying taxes on recreational marijuana sales could constitute acknowledgment of a federal crime. "To pay the taxes will require us to admit that, in effect, we're violating federal law," he said.

While the law may side with the federal government, Los Angeles marijuana lawyer Bruce Margolin said politics does not. He points to decreased acceptance of medical pot raids.

In 2002, a DEA raid on a Santa Cruz medical pot commune for sick and dying patients produced such a backlash that the city and county sued the federal government. A court settlement banned future DEA raids as long as the operation was legal under state law.

In a high-profile medical marijuana case, California cannabis growing guru Ed Rosenthal was sentenced to a single day in jail in 2007 – despite a federal conviction for illegal cultivation.

A U.S. District Court in San Francisco also stopped the DEA from punishing doctors or threatening to revoke their licenses for recommending marijuana to patients.

Still, Donald Heller, a former Sacramento assistant U.S. attorney, said passage of Proposition 19 would give federal authorities no choice but to act.

"I think this pushes it beyond the edge," he said.

Call The Bee's Peter Hecht, (916) 326-5539. Read his marijuana issues blog, www.sacbee.com/weedwars.

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Prop. 19 passage could spark U.S.-California legal war over pot | View Clip
10/08/2010
Sacramento Bee - Online, The

Backers of California's Proposition 19 call it a landmark challenge to America's war on drugs. But passage of the initiative to legalize pot for recreational use may open up a legal war between California and the federal government.

Some fear a renewed surge of federal raids, similar to actions that shut down medical pot shops, targeted suppliers and doctors after California voters passed Proposition 215, its medical marijuana law, in 1996.

Even some fervent proponents of the initiative to allow anyone 21 and over to smoke pot say federal authorities would quickly sue California to overturn the new law.

"I have no doubt that the feds will file suit if Proposition 19 passes," said Dale Gieringer, California director for the pro-legalization National Organization for Reform of Marijuana Laws.

In an Aug. 24 letter, nine former administrators for the Drug Enforcement Administration urged Attorney General Eric Holder to bring suit against California � just as the Obama administration sued Arizona when that state passed a controversial law aimed at illegal immigrants.

"The California proposition is not a close call," wrote the ex-DEA administrators, including Robert Bonner, the former supervising U.S. attorney in Los Angeles. "It will be a clear conflict with established federal law."

Reached Wednesday in Mexico City, where he was attending a drug policy conference, Bonner said the California measure conflicts with United Nations treaties signed to prevent the spread of psychoactive drugs.

"The United States has treaties that would be violated if Proposition 19 were enacted. It would send a terrible signal to countries of the world," he said.

The U.S. Justice Department isn't saying how it would respond if Proposition 19 passes.

"The Department of Justice will continue to focus its enforcement resources on significant traffickers of illegal drugs, including marijuana," said Justice Department spokeswoman Tracy Schmaler in Washington, D.C. "It is premature to speculate what steps we would take in the event that California passes its ballot measure."

Backlash could hurt medical pot users

California and 13 other states now permit medical marijuana. And federal raids on medical pot establishments � particularly those catering to the seriously ill � stirred political sympathies in favor of medical marijuana.

Now legal observers, such as Santa Clara University law professor Gerald Uelmen, say Proposition 19 could upset the accord that federal agents and California established with medical use.

"I think it will open up a new order of conflict between the state and the feds," Uelmen said. "The feds resisted (Proposition 215) from the get-go. But I think we finally wore them down.

"Now, if we open the door to lawful cultivation and distribution for recreational use, I think there will be a very strong reaction."

In 2001, Uelmen unsuccessfully argued before the U.S. Supreme Court on behalf of the Oakland Cannabis Buyers Cooperative serving medical marijuana patients.

The court, in a decision written by Justice Clarence Thomas, declared that marijuana was still illegal, and a "medical exception" defense for the Oakland pot club was invalid under federal law.

In a 2005 case, the high court also ruled against California petitioner Angel Raich, whose six-plant medical marijuana garden was raided by DEA agents after Butte County authorities declined to file state drug charges against him.

In the second ruling, Justice John Paul Stevens wrote that although "California has been a pioneer in the regulation of marijuana," enforcement of Federal Controlled Substance Act prohibitions against pot remain "a valid exercise of federal power."

President Barack Obama is opposed to legalizing marijuana. His 2010 National Drug Control Strategy statement declares: "This administration firmly opposes the legalization of marijuana or any other illicit drug."

Still, retired Orange Superior Court Judge James Gray, a backer of Proposition 19, said he believes public acceptance of marijuana will diminish the federal response.

"I cannot conceive that the Obama administration would thumb its nose at the voters of the state of California," Gray said.

Passage could put state, federal law in conflict

Zenia Gilg, a San Francisco attorney who handles medical marijuana cases, said federal authorities are unlikely to target average Californians if Proposition 19 passes. But she said they may well raid large-scale marijuana producers.

In Oakland, producers readying industrial growing rooms for medical pot are eying expansion into legal recreational weed. The city has already approved a conditional tax if Proposition 19 passes.

Gilg says that may be a dilemma for federal agents.

"If they're going to prosecute the guy at the till (of a marijuana business) and not the city or county, they run into a political quagmire," Gilg said. "Because they're not going to prosecute the city or county."

In California's medical marijuana market, dispensaries account for more than $100 million in sales taxes, according to state estimates.

But Uelmen said the mere act of paying taxes on recreational marijuana sales could constitute acknowledgment of a federal crime. "To pay the taxes will require us to admit that, in effect, we're violating federal law," he said.

While the law may side with the federal government, Los Angeles marijuana lawyer Bruce Margolin said politics does not. He points to decreased acceptance of medical pot raids.

In 2002, a DEA raid on a Santa Cruz medical pot commune for sick and dying patients produced such a backlash that the city and county sued the federal government. A court settlement banned future DEA raids as long as the operation was legal under state law.

In a high-profile medical marijuana case, California cannabis growing guru Ed Rosenthal was sentenced to a single day in jail in 2007 � despite a federal conviction for illegal cultivation.

A U.S. District Court in San Francisco also stopped the DEA from punishing doctors or threatening to revoke their licenses for recommending marijuana to patients.

Still, Donald Heller, a former Sacramento assistant U.S. attorney, said passage of Proposition 19 would give federal authorities no choice but to act.

"I think this pushes it beyond the edge," he said.

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State Prosecutors As Corrupt as Federal Prosecutors : Dispatches from the Culture Wars | View Clip
10/08/2010
Science Blog

Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of . He has written for such publications as The Bard, Skeptic and Reports of the National Center for Science Education, spoken in front of many organizations and conferences, and appeared on nationally syndicated radio shows and on C-SPAN. Ed is also a Fellow with the Center for Independent Media and the host of November 2003
Other Information

Ed Brayton is a participant in the Center for Independent Media New Journalism Program. However, all of the statements, opinions, policies, and views expressed on this site are solely Ed Brayton's. This web site is not a production of the Center, and the Center does not support or endorse any of the contents on this site. Video of speech on Dover and the Future of the Anti-Evolution Movement noted a study of federal prosecutors that found that very few of them are ever held accountable for widespread violations of the law. This week he new study that found the same thing about state prosecutors in California. The study found that misconduct is incredibly common: The investigation reviewed more than 4,000 state and federal appellate rulings, as well as scores of media reports and trial court decisions, covering the period 1997 through 2009, to produce a comprehensive analysis of publicly available cases of prosecutorial misconduct in California.

The NCIP study, conducted by Kathleen Ridolfi, NCIP executive director, and Maurice Possley, a Pulitzer Prize-winning journalist and currently a visiting research fellow at Santa Clara University School of Law, suggested that cases of prosecutorial misconduct averaged one a week over that 13-year period.

And that's just the start. 707 cases of misconduct over 13 years, an average of about one per week, in a single state -- and that's just the cases where the prosecutors got caught. The total number is surely far higher, since defendants are rarely in a position to hire investigators, especially once they've been convicted. Worse yet, out of those 707 cases, only six -- six, for crying out loud -- resulted in any action by the California Bar Association.

And remember, prosecutors have absolute immunity from civil suit. If the bar association doesn't hold them accountable and the government doesn't hold them accountable -- and since that can only be done by other prosecutors, it's a rare occurrence -- there is no legal recourse for holding them responsible for their corruption.

I would say state prosecutors are probably worse in their own way.

Federal prosecutors are usually handling somewhat higher profile cases, and get away with corruption through influence and prestige. Being a USA is a relatively high profile position and you wouldn't lightly take on a USA in a political pissing match.

On the other hand, city and county level prosecutorial misconduct often slips under the radar because of their lack of status. When your prosecutorial misconduct occurs in a C felony possession case or burglary or robbery or assault case, no one's really there to raise a stink and half the time the person being charged may not even be specifically aware the prosecutor broke the rules. (Say, ignoring and failing to disclose exculpatory evidence that the defense attorney never knows about). And local courts are much less formal than the USDC, so the records of objections aren't even always there.

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Author of 'The Circuit' tells Shoreline students the key to success is education
10/07/2010
Santa Cruz Sentinel

Oct. 07--LIVE OAK -- The key to success isn't a mystery, author and professor Francisco Jimenez told the hundreds of students at Shoreline Middle School on Wednesday.

Study hard, get good grades and stay in school.

"I can't stress that enough," said Jimenez, the son of migrant fieldworkers who has taught literature and other subjects at Santa Clara University for several years and written books based on his experiences growing up. "Whatever work you want to do, you'll be able to choose that if you continue your education."

Jimenez, born in Tlaquepaque, Mexico, spent much of his childhood moving around California with no permanent home or regular schooling.

Jimenez, 67, wrote "The Circuit," which is currently being read by many Shoreline students.

The book is an autobiographical tale of what it was like to move to the U.S. from Mexico at a young age, work in the fields alongside his parents and siblings, and beat the odds by becoming the first in his family to attend college. He graduated from Santa Clara University.

Jimenez also shared some of the painful memories of being the new guy at school trying to master English.

"In grammar school I would get teased when I mixed up words or mispronounced a word," Jimenez said. "I felt bad."

Jimenez was invited to speak to the students by librarian Gayle Rorvik, who believes his stories of perseverance and survival hit home for the Shoreline children who come to school with varied life

experiences.

"They've read his stories and have been very touched by his life and his very personal story," Rorvik said. "Some of our students experience the same things at home."

Soquel High freshman Sebastian Villanueva said reading "The Circuit" and hearing Jimenez talk have motivated him to be a better student and become the first in his family to go to college.

"He inspired me to be more of who I am, Mexican, and try harder in education," said Villanueva, 14. "I want to make the same goals he did."

Learning and sticking with school are assets that stay with a person throughout their life and open doors to opportunities that would otherwise be unreachable, Jimenez said to the crowd of students packed in Shoreline's gymnasium.

"Education gives you choices and a better living in terms of material things," he said, "and more important, it gives you an appreciation for everything that surrounds us.

"Like music, if you study music you appreciate it even more."

Copyright © 2010 Santa Cruz Sentinel, Calif.

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COLLEGE'S ENDOWMENT GROWS NEARLY 14%
10/07/2010
San Jose Mercury News

Santa Clara University's endowment grew 13.9 percent this fiscal year, a strong performance that mirrors the 14 percent gain at Stanford University.

The school's investment portfolio was valued at $610 million on June 30, the last day of the university's fiscal year.

A strong endowment is particularly important in a weak economy because it helps support financial aid for needy families.

But it remains smaller than it was before the recession, when the endowment reached $700 million.

Like other universities, Santa Clara's endowment was battered by the economic downturn. It dropped 20 percent in fiscal year 2009, a significant but less-severe plunge than seen at Stanford, which lost 27 percent; Harvard, down 27.3 percent; and Yale, down 24.6 percent.

All campuses are now reporting a reversal in fortunes. Stanford's endowment was valued at $13.8 billion as of Aug. 31.

Copyright © 2010 San Jose Mercury News

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Governor's race offers stark choice in shaping judiciary
10/07/2010
Alameda Times-Star

California's next governor, whether it is Democrat Jerry Brown or Republican Meg Whitman, will be swamped with political worries over the state budget, immigration woes, incurable prison overcrowding and a bloated public employee pension system.

But in the end, whenever Brown or Whitman finishes their business as governor, their most enduring imprint almost surely will be on a far less visible aspect of state government -- the hundreds of judges they will name to the California courts, many of whom will shape the law and public life decades after the next governor leaves office.

And while Brown and Whitman offer murky details on how they would solve the state's budget troubles, there is no question there will be a clearly-defined ideological difference in how they would mold the judiciary as governor. Brown already has a track record of appointing nearly 900 judges, many of them noted liberals, during his first stint as governor from 1975 to 1983, while Whitman recently told the Mercury News that she would model her judge appointments after former Republican Gov. George Deukmejian, who came into office vowing to be a conservative, law-and-order antidote to Brown and his vision of the judiciary.

"There is a philosophical difference between the two," said Larry Gerston, a San Jose State political science professor. "When you are voting for a chief executive ... perhaps their most enduring legacy will be judicial appointments. But it's typically overlooked by the voters."

Brown's judicial picks have long been defined by his ill-fated choice of former Chief Justice Rose Bird, ousted by the voters in 1986 in an unprecedented backlash over her refusal to uphold death sentences. Whitman supporters have tried to exploit the Bird Court in attacking Brown, labeling it evidence he would appoint "soft on crime" judges and highlighting his personal opposition to the death penalty.

Brown has not stressed the issue, although he has defended his overall record of appointing judges and diversifying the bench. Brown also has made a point of saying that he would enforce the death penalty as governor, as he has as attorney general, regardless of his personal views. In an interview Thursday, Brown said he would bring far more experience in choosing judges than Whitman, saying, "I don't think she has the foggiest idea how to appoint a judge."

"Certainly, I've learned from the past," Brown added. "But I understand the judicial branch. I'm a lawyer. I'm the attorney general. I know a great deal about the judiciary."

Experts familiar with Brown and his view of the judiciary say it would be a mistake to put too much stock in his prior record as governor, or on the Bird appointment, widely considered the biggest blunder of his tenure.

"I do think it is unfair to measure (nearly) 900 judges he appointed on the basis of just one," said San Francisco appeals court Justice J. Anthony Kline, Brown's former legal affairs secretary. "Frankly, I don't think he got the credit he deserves for his judicial appointments."

In Santa Clara County, Brown's judges were hardly boilerplate liberals. Judges Peter Stone, Conrad Rushing and John Flaherty led the local courts for years, primarily focusing on civil litigation. Judge Thomas Hastings, a Brown appointee, has been one of the court's most hard-nosed criminal judges for decades, sentencing numerous killers, such as Richard Allen Davis, to death.

"If you removed Rose from the mix, you just would find nobody saying" most of his judges were out of the mainstream, said Rushing, now the presiding justice of the San Jose-based 6th District Court of Appeal.

Whitman, meanwhile, has had scant experience with the judiciary, setting aside her recent cameo appearance in San Mateo Superior Court for jury duty. During her recent meeting with the Mercury News editorial board, Whitman struggled to pronounce the name of Gov. Arnold Schwarzenneger's recent appointee as chief justice, Tani Cantil-Sakauye, and confessed to being unfamiliar with the Republican governor's only other pick for the state Supreme Court, saying she didn't know "him."

Justice Carol Corrigan is Schwarzenegger's other high court appointment.

Whitman, however, made it clear she would take a very different approach than Schwarzenegger, whose judge picks have generally been described as moderates and who has been more willing than any governor in history to cross party lines in appointing judges; nearly half his selections have been Democrats.

"I will probably be more conservative than Gov. Schwarzenegger," Whitman said.

If Whitman follows the Deukmejian model, the contrast with Brown would be apparent. Deukmejian, the state attorney general before he became governor, relied heavily on the ranks of deputy district attorneys and pro-business lawyers to stock the bench, while Brown was more likely to appoint public defenders, law professors and labor lawyers. Brown was the first governor to try to appoint more women and minorities, and a far greater percentage of his judges were culled from those ranks than Deukmejian.

Gerald Uelmen, a Santa Clara University law professor, expressed disappointment in Whitman's model if it means moving away from Schwarzenegger's approach.

"It would really be kind of a step backward," Uelmen said.

If Brown is elected, Uelmen and other experts predict he would be far more cautious in picking judges, noting that he has placed more attention on criminal justice issues as Oakland's mayor and attorney general.

"But," San Jose State's Gerston said, "it's reasonable to assume that Brown's appointees will be more to the left, and Whitman's will be more to the right."

Contact Howard Mintz at 408-286-0236

Copyright © 2010 Alameda Times-Star. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

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Governor's race offers stark choice in shaping judiciary
10/07/2010
Oakland Tribune

California's next governor, whether it is Democrat Jerry Brown or Republican Meg Whitman, will be swamped with political worries over the state budget, immigration woes, incurable prison overcrowding and a bloated public employee pension system.

But in the end, whenever Brown or Whitman finishes their business as governor, their most enduring imprint almost surely will be on a far less visible aspect of state government -- the hundreds of judges they will name to the California courts, many of whom will shape the law and public life decades after the next governor leaves office.

And while Brown and Whitman offer murky details on how they would solve the state's budget troubles, there is no question there will be a clearly-defined ideological difference in how they would mold the judiciary as governor. Brown already has a track record of appointing nearly 900 judges, many of them noted liberals, during his first stint as governor from 1975 to 1983, while Whitman recently told the Mercury News that she would model her judge appointments after former Republican Gov. George Deukmejian, who came into office vowing to be a conservative, law-and-order antidote to Brown and his vision of the judiciary.

"There is a philosophical difference between the two," said Larry Gerston, a San Jose State political science professor. "When you are voting for a chief executive ... perhaps their most enduring legacy will be judicial appointments. But it's typically overlooked by the voters."

Brown's judicial picks have long been defined by his ill-fated choice of former Chief Justice Rose Bird, ousted by the voters in 1986 in an unprecedented backlash over her refusal to uphold death sentences. Whitman supporters have tried to exploit the Bird Court in attacking Brown, labeling it evidence he would appoint "soft on crime" judges and highlighting his personal opposition to the death penalty.

Brown has not stressed the issue, although he has defended his overall record of appointing judges and diversifying the bench. Brown also has made a point of saying that he would enforce the death penalty as governor, as he has as attorney general, regardless of his personal views. In an interview Thursday, Brown said he would bring far more experience in choosing judges than Whitman, saying, "I don't think she has the foggiest idea how to appoint a judge."

"Certainly, I've learned from the past," Brown added. "But I understand the judicial branch. I'm a lawyer. I'm the attorney general. I know a great deal about the judiciary."

Experts familiar with Brown and his view of the judiciary say it would be a mistake to put too much stock in his prior record as governor, or on the Bird appointment, widely considered the biggest blunder of his tenure.

"I do think it is unfair to measure (nearly) 900 judges he appointed on the basis of just one," said San Francisco appeals court Justice J. Anthony Kline, Brown's former legal affairs secretary. "Frankly, I don't think he got the credit he deserves for his judicial appointments."

In Santa Clara County, Brown's judges were hardly boilerplate liberals. Judges Peter Stone, Conrad Rushing and John Flaherty led the local courts for years, primarily focusing on civil litigation. Judge Thomas Hastings, a Brown appointee, has been one of the court's most hard-nosed criminal judges for decades, sentencing numerous killers, such as Richard Allen Davis, to death.

"If you removed Rose from the mix, you just would find nobody saying" most of his judges were out of the mainstream, said Rushing, now the presiding justice of the San Jose-based 6th District Court of Appeal.

Whitman, meanwhile, has had scant experience with the judiciary, setting aside her recent cameo appearance in San Mateo Superior Court for jury duty. During her recent meeting with the Mercury News editorial board, Whitman struggled to pronounce the name of Gov. Arnold Schwarzenneger's recent appointee as chief justice, Tani Cantil-Sakauye, and confessed to being unfamiliar with the Republican governor's only other pick for the state Supreme Court, saying she didn't know "him."

Justice Carol Corrigan is Schwarzenegger's other high court appointment.

Whitman, however, made it clear she would take a very different approach than Schwarzenegger, whose judge picks have generally been described as moderates and who has been more willing than any governor in history to cross party lines in appointing judges; nearly half his selections have been Democrats.

"I will probably be more conservative than Gov. Schwarzenegger," Whitman said.

If Whitman follows the Deukmejian model, the contrast with Brown would be apparent. Deukmejian, the state attorney general before he became governor, relied heavily on the ranks of deputy district attorneys and pro-business lawyers to stock the bench, while Brown was more likely to appoint public defenders, law professors and labor lawyers. Brown was the first governor to try to appoint more women and minorities, and a far greater percentage of his judges were culled from those ranks than Deukmejian.

Gerald Uelmen, a Santa Clara University law professor, expressed disappointment in Whitman's model if it means moving away from Schwarzenegger's approach.

"It would really be kind of a step backward," Uelmen said.

If Brown is elected, Uelmen and other experts predict he would be far more cautious in picking judges, noting that he has placed more attention on criminal justice issues as Oakland's mayor and attorney general.

"But," San Jose State's Gerston said, "it's reasonable to assume that Brown's appointees will be more to the left, and Whitman's will be more to the right."

Contact Howard Mintz at 408-286-0236

Copyright © 2010 The Oakland Tribune. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

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Governor's race offers stark choice in shaping judiciary
10/07/2010
Argus, The

California's next governor, whether it is Democrat Jerry Brown or Republican Meg Whitman, will be swamped with political worries over the state budget, immigration woes, incurable prison overcrowding and a bloated public employee pension system.

But in the end, whenever Brown or Whitman finishes their business as governor, their most enduring imprint almost surely will be on a far less visible aspect of state government -- the hundreds of judges they will name to the California courts, many of whom will shape the law and public life decades after the next governor leaves office.

And while Brown and Whitman offer murky details on how they would solve the state's budget troubles, there is no question there will be a clearly-defined ideological difference in how they would mold the judiciary as governor. Brown already has a track record of appointing nearly 900 judges, many of them noted liberals, during his first stint as governor from 1975 to 1983, while Whitman recently told the Mercury News that she would model her judge appointments after former Republican Gov. George Deukmejian, who came into office vowing to be a conservative, law-and-order antidote to Brown and his vision of the judiciary.

"There is a philosophical difference between the two," said Larry Gerston, a San Jose State political science professor. "When you are voting for a chief executive ... perhaps their most enduring legacy will be judicial appointments. But it's typically overlooked by the voters."

Brown's judicial picks have long been defined by his ill-fated choice of former Chief Justice Rose Bird, ousted by the voters in 1986 in an unprecedented backlash over her refusal to uphold death sentences. Whitman supporters have tried to exploit the Bird Court in attacking Brown, labeling it evidence he would appoint "soft on crime" judges and highlighting his personal opposition to the death penalty.

Brown has not stressed the issue, although he has defended his overall record of appointing judges and diversifying the bench. Brown also has made a point of saying that he would enforce the death penalty as governor, as he has as attorney general, regardless of his personal views. In an interview Thursday, Brown said he would bring far more experience in choosing judges than Whitman, saying, "I don't think she has the foggiest idea how to appoint a judge."

"Certainly, I've learned from the past," Brown added. "But I understand the judicial branch. I'm a lawyer. I'm the attorney general. I know a great deal about the judiciary."

Experts familiar with Brown and his view of the judiciary say it would be a mistake to put too much stock in his prior record as governor, or on the Bird appointment, widely considered the biggest blunder of his tenure.

"I do think it is unfair to measure (nearly) 900 judges he appointed on the basis of just one," said San Francisco appeals court Justice J. Anthony Kline, Brown's former legal affairs secretary. "Frankly, I don't think he got the credit he deserves for his judicial appointments."

In Santa Clara County, Brown's judges were hardly boilerplate liberals. Judges Peter Stone, Conrad Rushing and John Flaherty led the local courts for years, primarily focusing on civil litigation. Judge Thomas Hastings, a Brown appointee, has been one of the court's most hard-nosed criminal judges for decades, sentencing numerous killers, such as Richard Allen Davis, to death.

"If you removed Rose from the mix, you just would find nobody saying" most of his judges were out of the mainstream, said Rushing, now the presiding justice of the San Jose-based 6th District Court of Appeal.

Whitman, meanwhile, has had scant experience with the judiciary, setting aside her recent cameo appearance in San Mateo Superior Court for jury duty. During her recent meeting with the Mercury News editorial board, Whitman struggled to pronounce the name of Gov. Arnold Schwarzenneger's recent appointee as chief justice, Tani Cantil-Sakauye, and confessed to being unfamiliar with the Republican governor's only other pick for the state Supreme Court, saying she didn't know "him."

Justice Carol Corrigan is Schwarzenegger's other high court appointment.

Whitman, however, made it clear she would take a very different approach than Schwarzenegger, whose judge picks have generally been described as moderates and who has been more willing than any governor in history to cross party lines in appointing judges; nearly half his selections have been Democrats.

"I will probably be more conservative than Gov. Schwarzenegger," Whitman said.

If Whitman follows the Deukmejian model, the contrast with Brown would be apparent. Deukmejian, the state attorney general before he became governor, relied heavily on the ranks of deputy district attorneys and pro-business lawyers to stock the bench, while Brown was more likely to appoint public defenders, law professors and labor lawyers. Brown was the first governor to try to appoint more women and minorities, and a far greater percentage of his judges were culled from those ranks than Deukmejian.

Gerald Uelmen, a Santa Clara University law professor, expressed disappointment in Whitman's model if it means moving away from Schwarzenegger's approach.

"It would really be kind of a step backward," Uelmen said.

If Brown is elected, Uelmen and other experts predict he would be far more cautious in picking judges, noting that he has placed more attention on criminal justice issues as Oakland's mayor and attorney general.

"But," San Jose State's Gerston said, "it's reasonable to assume that Brown's appointees will be more to the left, and Whitman's will be more to the right."

Contact Howard Mintz at 408-286-0236

Copyright © 2010 The Argus. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

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Governor's race offers stark choice in shaping judiciary | View Clip
10/07/2010
Santa Cruz Sentinel - Online

California's next governor, whether it is Democrat Jerry Brown or Republican Meg Whitman, will be swamped with political worries over the state budget, immigration woes, incurable prison overcrowding and a bloated public employee pension system.

But in the end, whenever Brown or Whitman finishes their business as governor, their most enduring imprint almost surely will be on a far less visible aspect of state government -- the hundreds of judges they will name to the California courts, many of whom will shape the law and public life decades after the next governor leaves office.

And while Brown and Whitman offer murky details on how they would solve the state's budget troubles, there is no question there will be a clearly-defined ideological difference in how they would mold the judiciary as governor. Brown already has a track record of appointing nearly 900 judges, many of them noted liberals, during his first stint as governor from 1975 to 1983, while Whitman recently told the Mercury News that she would model her judge appointments after former Republican Gov. George Deukmejian, who came into office vowing to be a conservative, law-and-order antidote to Brown and his vision of the judiciary.

"There is a philosophical difference between the two," said Larry Gerston, a San Jose State political science professor. "When you are voting for a chief executive ... perhaps their most enduring legacy will be judicial appointments. But it's typicallyyld_mgr.place_ad_here("adPosBox"); overlooked by the voters."

Brown's judicial picks have long been defined by his ill-fated choice of former Chief Justice Rose Bird, ousted by the voters in 1986 in an unprecedented backlash over her refusal to uphold death sentences. Whitman supporters have tried to exploit the Bird Court in attacking Brown, labeling it evidence he would appoint "soft on crime" judges and highlighting his personal opposition to the death penalty.

Brown has not stressed the issue, although he has defended his overall record of appointing judges and diversifying the bench. Brown also has made a point of saying that he would enforce the death penalty as governor, as he has as attorney general, regardless of his personal views. The Brown campaign did not respond to repeated phone and e-mail requests for comment on judicial appointments.

But experts familiar with Brown and his view of the judiciary say it would be a mistake to put too much stock in his prior record as governor, or on the Bird appointment, widely considered the biggest blunder of his tenure.

"I do think it is unfair to measure (nearly) 900 judges he appointed on the basis of just one," said San Francisco appeals court Justice J. Anthony Kline, Brown's former (PrintExpress PDF Export. - IPA S) legal affairs secretary. "Frankly, I don't think he got the credit he deserves for his judicial appointments."

In Santa Clara County, Brown's judges were hardly boilerplate liberals. Judges Peter Stone, Conrad Rushing and John Flaherty led the local courts for years, primarily focusing on civil litigation. Judge Thomas Hastings, a Brown appointee, has been one of the court's most hard-nosed criminal judges for decades, sentencing numerous killers, such as Richard Allen Davis, to death.

"If you removed Rose from the mix, you just would find nobody saying" most of his judges were out of the mainstream, said Rushing, now the presiding justice of the San Jose-based 6th District Court of Appeal.

Whitman, meanwhile, has had scant experience with the judiciary, setting aside her recent cameo appearance in San Mateo Superior Court for jury duty. During her recent meeting with the Mercury News editorial board, Whitman struggled to pronounce the name of Gov. Arnold Schwarzenneger's recent appointee as chief justice, Tani Cantil-Sakauye, and confessed to being unfamiliar with the Republican governor's only other pick for the state Supreme Court, saying she didn't know "him."

Justice Carol Corrigan is Schwarzenegger's other high court appointment.

Whitman, however, made it clear she would take a very different approach than Schwarzenegger, whose judge picks have generally been described as moderates and who has been more willing than any governor in history to cross party lines in appointing judges; nearly half his selections have been Democrats.

"I will probably be more conservative than Gov. Schwarzenegger," Whitman said.

If Whitman follows the Deukmejian model, the contrast with Brown would be apparent. Deukmejian, the state attorney general before he became governor, relied heavily on the ranks of deputy district attorneys and pro-business lawyers to stock the bench, while Brown was more likely to appoint public defenders, law professors and labor lawyers. Brown was the first governor to try to appoint more women and minorities, and a far greater percentage of his judges were culled from those ranks than Deukmejian.

Gerald Uelmen, a Santa Clara University law professor, expressed disappointment in Whitman's model if it means moving away from Schwarzenegger's approach.

"It would really be kind of a step backward," Uelmen said.

If Brown is elected, Uelmen and other experts predict he would be far more cautious in picking judges, noting that he has placed more attention on criminal justice issues as Oakland's mayor and attorney general.

"But," San Jose State's Gerston said, "it's reasonable to assume that Brown's appointees will be more to the left, and Whitman's will be more to the right."

Contact Howard Mintz at 408-286-0236

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Governor's race offers stark choice in shaping judiciary | View Clip
10/07/2010
San Jose Mercury News - Online

California's next governor, whether it is Democrat Jerry Brown or Republican Meg Whitman, will be swamped with political worries over the state budget, immigration woes, incurable prison overcrowding and a bloated public employee pension system.

But in the end, whenever Brown or Whitman finishes their business as governor, their most enduring imprint almost surely will be on a far less visible aspect of state government -- the hundreds of judges they will name to the California courts, many of whom will shape the law and public life decades after the next governor leaves office.

And while Brown and Whitman offer murky details on how they would solve the state's budget troubles, there is no question there will be a clearly-defined ideological difference in how they would mold the judiciary as governor. Brown already has a track record of appointing nearly 900 judges, many of them noted liberals, during his first stint as governor from 1975 to 1983, while Whitman recently told the Mercury News that she would model her judge appointments after former Republican Gov. George Deukmejian, who came into office vowing to be a conservative, law-and-order antidote to Brown and his vision of the judiciary.

"There is a philosophical difference between the two," said Larry Gerston, a San Jose State political science professor. "When you are voting for a chief executive ... perhaps their most enduring legacy will be judicial appointments. But it's typically Advertisementoverlooked by the voters."

Brown's judicial picks have long been defined by his ill-fated choice of former Chief Justice Rose Bird, ousted by the voters in 1986 in an unprecedented backlash over her refusal to uphold death sentences. Whitman supporters have tried to exploit the Bird Court in attacking Brown, labeling it evidence he would appoint "soft on crime" judges and highlighting his personal opposition to the death penalty.

Brown has not stressed the issue, although he has defended his overall record of appointing judges and diversifying the bench. Brown also has made a point of saying that he would enforce the death penalty as governor, as he has as attorney general, regardless of his personal views. The Brown campaign did not respond to repeated phone and e-mail requests for comment on judicial appointments.

But experts familiar with Brown and his view of the judiciary say it would be a mistake to put too much stock in his prior record as governor, or on the Bird appointment, widely considered the biggest blunder of his tenure.

"I do think it is unfair to measure (nearly) 900 judges he appointed on the basis of just one," said San Francisco appeals court Justice J. Anthony Kline, Brown's former legal affairs secretary. "Frankly, I don't think he got the credit he deserves for his judicial appointments."

In Santa Clara County, Brown's judges were hardly boilerplate liberals. Judges Peter Stone, Conrad Rushing and John Flaherty led the local courts for years, primarily focusing on civil litigation. Judge Thomas Hastings, a Brown appointee, has been one of the court's most hard-nosed criminal judges for decades, sentencing numerous killers, such as Richard Allen Davis, to death.

"If you removed Rose from the mix, you just would find nobody saying" most of his judges were out of the mainstream, said Rushing, now the presiding justice of the San Jose-based 6th District Court of Appeal.

Whitman, meanwhile, has had scant experience with the judiciary, setting aside her recent cameo appearance in San Mateo Superior Court for jury duty. During her recent meeting with the Mercury News editorial board, Whitman struggled to pronounce the name of Gov. Arnold Schwarzenneger's recent appointee as chief justice, Tani Cantil-Sakauye, and confessed to being unfamiliar with the Republican governor's only other pick for the state Supreme Court, saying she didn't know "him."

Justice Carol Corrigan is Schwarzenegger's other high court appointment.

Whitman, however, made it clear she would take a very different approach than Schwarzenegger, whose judge picks have generally been described as moderates and who has been more willing than any governor in history to cross party lines in appointing judges; nearly half his selections have been Democrats.

"I will probably be more conservative than Gov. Schwarzenegger," Whitman said.

If Whitman follows the Deukmejian model, the contrast with Brown would be apparent. Deukmejian, the state attorney general before he became governor, relied heavily on the ranks of deputy district attorneys and pro-business lawyers to stock the bench, while Brown was more likely to appoint public defenders, law professors and labor lawyers. Brown was the first governor to try to appoint more women and minorities, and a far greater percentage of his judges were culled from those ranks than Deukmejian.

Gerald Uelmen, a Santa Clara University law professor, expressed disappointment in Whitman's model if it means moving away from Schwarzenegger's approach.

"It would really be kind of a step backward," Uelmen said.

If Brown is elected, Uelmen and other experts predict he would be far more cautious in picking judges, noting that he has placed more attention on criminal justice issues as Oakland's mayor and attorney general.

"But," San Jose State's Gerston said, "it's reasonable to assume that Brown's appointees will be more to the left, and Whitman's will be more to the right."

Contact Howard Mintz at 408-286-0236

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Judge denies defense motion for mistrial in Los Gatos murder-for-hire trial | View Clip
10/07/2010
San Jose Mercury News - Online

In a shocking courtroom conflict Thursday in the Los Gatos murder-for-hire trial, defense lawyer Harry Robertson asked for a mistrial, accusing a fellow defense lawyer of acting as a "second prosecutor" by undermining his case with spiteful comments, loud sighs, "fluffing" of his arms and objections that should be left to the prosecution.

Robertson, who represents lead defendant Paul Garcia, also accused public defender Charlie Gillan of sabotaging the entire defense team. More than once, Robertson said, Gillan has said in court that if Gillan's client, the alleged hitman, "is going down, everyone is going down."

Gillan argued he was only acting in the interest of his client and he was frustrated with Robertson's delays. Judge David Cena denied the mistrial motion.

In another stunning development, Garcia, who has been sitting quietly at the defense table throughout the six-week trial, is planning to take the witness stand Tuesday morning in his own defense. This after weeks of testimony that Garcia was so obsessed with bartender Tessa Donnelly, and jealous that she was also dating Mark Achilli who sold him Mountain Charley's Saloon and the 180 Restaurant & Lounge in late 2007, that he contracted a middle man and a hitman to gun down Achilli in the driveway of his Los Gatos townhouse in March 2008.

"What Paul has said more than once is, 'How would you feel if you're falsely accused and want to defend yourself?'' Robertson said later AdvertisementThursday. While Robertson acknowledged it was an unusual defense move, "it is his choice under law and a right that is really crucial to this case."

All three defendants -- Garcia, alleged middleman Miguel Chaidez and alleged hitman Lucio Estrada -- are on trial for murder together. Each defendant has his own lawyer, although none of them ever requested that the trio be tried separately.

The third defense lawyer in the case, James Leininger who represents the accused middleman, sided with Robertson against Gillan, telling the judge he's never seen such unprofessional conduct in his 42 years as a lawyer.

"There's a higher standard in this business than our own egos," Leininger told the judge.

Law professor Edward Steinman from Santa Clara University said the judge was clearly implying that Robertson will just have to "deal with it," especially since the judge "has not objected to Gillan's behavior and the judge has not tried to reign him in and sees his behavior as not harmful."

Robertson may regret that he didn't ask early on for a separate trial for his client, Steinman said, but he is also clearly laying the groundwork for an appeal if his client is convicted.

Gillan defended himself before the judge, saying he has been "frustrated" with Robertson routinely being 10 minutes late to court and constantly asking leading questions that don't follow the rule of law. He said he fears the jury will be frustrated with the delays and "endless bench conferences" and "will hold it against me and my client."

"I am not acting as a second prosecutor," Gillan said. "Everything I do benefits Lucio Estrada. I have to be an advocate of Mr. Estrada, even if it is to the detriment of Paul Garcia."

Just how Gillan's comments and objections benefit his client haven't been made clear, although Gillan said outside of court that it will all make sense when he delivers his closing argument expected next week. After five weeks of prosecution witnesses and more than 200 pieces of evidence, Gillan this week opted not to present a defense case for Estrada, saying he was relying on his cross examination of the earlier witnesses. There has been no testimony so far that there was any contact between Estrada and Garcia, or that they could directly implicate each other. Instead, it was former Mountain Charley's bouncer, Daniel Chaidez, who confessed to police and testified in return for a lighter sentence that Garcia asked him to arrange the killing. Chaidez said he called his cousin, Miguel Chaidez, who contracted Estrada to do the shooting. Estrada's DNA was found on several pieces of evidence, including gun gloves and a discarded ball cap, near the scene of the crime. Gillan has said his client was at the scene, but wasn't the shooter.

Robertson's request for a mistrial came Thursday morning after five separate attempts by Gillan to undercut Robertson's witness -- including Gillan interrupting Robertson with "I object to the objections.'"

In particular, under questioning from Robertson, Mountain Charley's investor Brad Tarter, a friend of Garcia's, said he was paid small amounts of cash from time to time as returns on his investment in the club. Robertson has been trying to make the case that Garcia withdrew $9,500 in the days before Achilli's death to pay business expenses, not hire a hit man as the prosecution contends.

But instead of prosecutor Jeff Rosen undermining the relevance of Tarter's testimony, it was Gillan who stood up and did the discrediting.

In dramatic fashion, after Tarter said he received about $210 in cash, Gillan asked whether he received, $1,000, $2,000 or $9,500 from Garcia, and whether he received it the day before, during or after the killing. Tarter said no to all of his questions.

A few minutes later, Gillan piggy-backed on a prosecution objection, calling Robertson's query "compound and argumentative."

Cena said Gillan's behavior did not amount to denying Garcia a fair trial. When the judge asked Rosen if he would like to weigh in from the prosecution point of view, Rosen politely declined.

Contact Julia Prodis Sulek at 408-278-3409.

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Santa Clara University's endowment up 13.9% | View Clip
10/07/2010
InsideBayArea.com

Santa Clara University's endowment grew 13.9 percent this fiscal year, a strong performance that mirrors the 14 percent gain at Stanford University.

The school's investment portfolio was valued at $610 million on June 30, the last day of the university's fiscal year. A strong endowment is particularly important in a weak economy, because it helps support financial aid for needy families.

But it remains smaller than it was prior to the recession, when the endowment reached $700 million.

Like other universities, Santa Clara's endowment was battered by the economic downturn. It dropped 20 percent in fiscal year 2009 -- a significant, but a less severe plunge than seen at Stanford, which lost 27 percent; Harvard, down 27.3 percent; and Yale, down 24.6 percent.

All campuses are now reporting a reversal in fortunes. Stanford's endowment was valued at $13.8 billion as of Aug. 31.

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Smart work | View Clip
10/07/2010
The Economist

PRODUCTIVITY growth is the closest economics gets to a magic elixir, especially for ageing advanced economies. When workers produce more for every hour they toil, living standards rise and governments have more resources to service their debts and support those who cannot work. As the rich world emerges from the financial crisis, faster productivity growth could counteract the drag from adverse demography. But slower productivity growth could make matters worse.

Workers' productivity depends on their skills, the amount of capital invested in helping them to do their jobs and the pace of “innovation”—the process of generating ideas that lead to new products and more efficient business practices. Financial crises and deep recessions can affect these variables in several ways. As this special report has argued, workers' skills may erode if long-term unemployment rises. The disruption to the financial sector and the reluctance of businesses to invest in the face of uncertain demand may also reduce the rate of capital formation, delaying the factory upgrades and IT purchases that would boost workers' efficiency.

Financial crises can affect the pace of innovation, too, though it is hard to predict which way. Deep recessions can slow it down as firms slash their spending on research and development. But they can also boost the pace of efficiency gains as weak demand forces firms to rethink their products and cost structures and the weakest companies are winnowed out. According to Alexander Field of Santa Clara University, the 1930s saw the fastest efficiency improvements in America's history amid large-scale restructuring.

Here we go again

Almost every government in the rich world has a spanking new “innovation strategy”. Industrial policy—out of fashion since its most credible champion, Japan, lost its way in the 1990s—is staging a comeback. But mostly such policies end up subsidising well-connected industries and products. “Green technology” is a favourite receptacle for such subsidies.

In 2008 France created a sovereign-wealth fund as part of its response to the financial crisis; it promises to promote biotechnology ventures, though it has also sunk capital into conventional manufacturers that happened to need money. In 2009 Britain followed suit with a “strategic investment fund”. The Japanese too are back in the game. In June the newly invigorated Ministry of Economy, Trade and Industry (METI) unveiled a plan to promote five strategic sectors, ranging from environmental products to robotics. However, past experiments with industrial policy, from France's Minitel, an attempt to create a government-run national communications network, to Spain's expensive subsidies to jump-start solar power, suggest that governments are not much good at picking promising sectors or products.

More important, the politicians' current focus on fostering productivity growth via exciting high-tech breakthroughs misses a big part of what really drives innovation: the diffusion of better business processes and management methods. This sort of innovation is generally the result of competitive pressure. The best thing that governments can do to foster new ideas is to get out of the way. This is especially true in the most regulated and least competitive parts of the economy, notably services.

To see why competition matters so much, consider the recent history of productivity in the rich world. On the eve of the recession the rate of growth in workers' output per hour was slowing. So, too, was the pace of improvement in “total factor productivity” (a measure of the overall efficiency with which capital and workers are used which is economists' best gauge of the speed of innovation). But that broad trend masks considerable differences.

Over the past 15 years America's underlying productivity growth—adjusted for the ups and downs of the business cycle—has outperformed most other rich economies' by a wide margin (see chart 12). Workers' output per hour soared in the late 1990s, thanks largely to investment in computers and software. At first this advance was powered by productivity gains within the technology sector. From 2000 onwards efficiency gains spread through the wider economy, especially in services such as retailing and wholesaling, helped by the deregulated and competitive nature of America's economy. The improvements were extraordinary, though they slowed after the middle of the decade.

The recent history of productivity in Europe is almost the mirror image of America's. Up to the mid-1990s the continent's output per hour grew faster than America's (see chart 13), helped by imports of tried and tested ideas from across the water. Thanks to this process of catch-up, by 1995 Europe's output per hour reached over 90% of the American level. But then Europe slowed, and by 2008 the figure was back down to 83%. This partly reflected Europe's labour-market reforms, which brought more low-skilled workers into the workforce. That seemed a price well worth paying for higher employment. But the main reason for Europe's disappointing productivity performance was that it failed to squeeze productivity gains from its service sector.

A forthcoming history of European growth by Marcel Timmer and Robert Inklaar of the University of Groningen, Mary O'Mahony of Birmingham University and Bart Van Ark of the Conference Board, a business-research organisation, carefully dissects the statistics for individual countries and industries and finds considerable variation within Europe. Finland and Sweden improved their productivity growth whereas Italy and Spain were particularly sluggish. Europe also did better in some sectors than in others; for example, telecommunications was a bright spot. But overall, compared with America, European firms invested relatively little in services and innovative business practices. A new McKinsey study suggests that around two-thirds of the differential in productivity growth between America and Europe between 1995 and 2005 can be explained by the gap in “local services”, such as retail and wholesale services.

Europe's service markets are smaller than America's, fragmented along national lines and heavily regulated. The OECD has tracked regulation of product and services markets across countries since 1998. It measures the degree of state control, barriers to competition and obstacles to starting a new company, assigning a score to each market of between 0 and 6 (where 0 is the least restrictive). Overall the absolute level of product regulation fell between 1998 and 2008, and the variation between countries lessened. America and Britain score joint best, with 0.84. The EU average is 1.4. But when it comes to services, the variation is larger and Europe has made much less progress.

In professional services, the OECD's score for Europe is fully twice as high as for America (meaning it is twice as restrictive). As the McKinsey report notes, many European countries are rife with anti-competitive rules. Architects' and lawyers' fees in Italy and Germany are subject to price floors and ceilings. Notaries in France, Spain and Greece and pharmacies in Greece are banned from advertising their services. Such restrictions limit the ability of efficient newcomers to compete for market share, cosseting incumbents and raising costs across the economy.

In Japan productivity growth slumped after the country's asset bubble burst at the start of the 1990s. One reason, as an earlier section of this report has described, was the failure to deal decisively with the bad loans clogging its banks, which propped up inefficient “zombie” companies rather than forcing them into liquidation. That meant less capital was available to lend to upstart firms. Another problem was the lack of competition. Japan's service sector, unlike its world-class manufacturers, is fragmented, protected from foreign competition and heavily regulated, so it failed to capture the gains of the IT revolution.

Over the years Japan made various efforts at regulatory reform, from freeing up the energy market and mobile telephony in the mid-1990s to liberalising the financial sector in the late 1990s. These have borne some fruit. Japan's total factor productivity growth, unlike Europe's, began to improve after 2000. But coupled with the continuing weakness of investment, the reforms were too modest to bring about a decisive change in the country's overall productivity prospects.

Learn Swedish

Sweden offers a more encouraging lesson. In the aftermath of its banking bust in the early 1990s it not only cleaned up its banks quickly but also embarked on a radical programme of microeconomic deregulation. The government reformed its tax and pension systems and freed up whole swaths of the economy, from aviation, telecommunications and electricity to banking and retailing. Thanks to these reforms, Swedish productivity growth, which had averaged 1.2% a year from 1980 to 1990, accelerated to a remarkable 2.2% a year from 1991 to 1998 and 2.5% from 1999 to 2005, according to the McKinsey Global Institute.

Sweden's retailers put in a particularly impressive performance. In 1990, McKinsey found, they were 5% less productive than America's, mainly because a thicket of regulations ensured that stores were much smaller and competition less intense. Local laws restricted access to land for large stores, existing retailers colluded on prices and incumbent chains pressed suppliers to boycott cheaper competitors. But in 1992 the laws were changed to weaken municipal land-use restrictions, and Swedish entry into the EU and the creation of a new competition authority raised competitive pressures. Large stores and vertically integrated chains rapidly gained market share. By 2005 Sweden's retail productivity was 14% higher than America's.

The restructuring of retail banking services was another success story. Consolidation driven by the financial crisis and by EU entry increased competition. New niche players introduced innovative products like telephone and internet banking that later spread to larger banks. Many branches were closed, and by 2006 Sweden had one of the lowest branch densities in Europe. Between 1995 and 2002 banking productivity grew by 4.6% a year, much faster than in other European countries. Swedish banks' productivity went from slightly behind to slightly ahead of American levels.

All this suggests that for many rich countries the quickest route to faster productivity growth will be to use the crisis to deregulate the service sector. A recent study by the Bank of France and the OECD looked at 20 sectors in 15 OECD countries between 1984 and 2007. It found that reducing regulation on “upstream” services would have a marked effect not just on productivity in those sectors but also on other parts of the economy. The logic is simple: more efficient lawyers, distributors or banks enable firms across the economy to become more productive. The size of the potential gains calculated by the Bank of France is stunning. Getting rid of all price, market-entry and other competition-restricting regulations would boost annual total factor productivity growth by one percentage point in a typical country in their sample, enough to more than double its pace.

Getting rid of all anti-competitive regulation may be impossible, but even the more modest goal of embracing “best practice” would yield large benefits. The IMF has calculated that if countries could reduce regulation to the average of the least restrictive three OECD countries, annual productivity growth would rise by some 0.2 percentage points in America, 0.3 percentage points in the euro area and 0.6 percentage points in Japan. The larger gains for Europe and Japan reflect the amount of deregulation left to be done. In both cases the productivity gains to be achieved from moving to best practice would all but counter the drag on growth from unfavourable demography.

Even in America there would be benefits. But, alas, the regulatory pendulum is moving in the opposite direction as the Obama administration pushes through new rules on industries from health care to finance. So far the damage may be limited. Many of Mr Obama's regulatory changes, from tougher fuel-efficiency requirements to curbs on deep-water drilling, were meant to benefit consumers and the environment, not to curb competition and protect incumbents. Some of the White House's ideas, such as the overhaul of broadband internet access, would in fact increase competition. The biggest risk lies in finance, where America's new rules could easily hold back innovation.

An unlikely role model

The country that is grasping the challenge of deregulation most energetically is Greece, whose debt crisis has earned it a reputation for macroeconomic mismanagement. Under pressure from the IMF and its European partners, the Greek government has embarked on one of the most radical reforms in modern history to boost its productive potential.

Again, this involves freeing up an historically cushioned service sector. So far the main battleground has been trucking. Before Greece descended into crisis, its lorry drivers required special licences, and none had been granted for several decades. So a licence changed hands in the secondary market for about €300,000, driving up the costs of everything that travelled by road in Greece. But under a reform recently passed by the Greek government, the number of licences is due to double. Greek lorry drivers went on strike in protest, but the government did not budge. Lawyers and pharmacists too are slated for deregulation.

If Greece can stick to its plans, it will, like Sweden, show that crises can offer valuable opportunities. Without the country's brush with default and the conditions attached to the resulting bail-out, its leaders would have been unlikely to muster the necessary political will.

The sluggish progress of reform elsewhere underlines this point. Germany, which ranks 25th out of 30 OECD countries on the complications of its licence and permit system, approaches deregulation on tiptoes: it recently reduced restrictions on price-setting by architects and allowed chimney-sweeps easier market access.

Two French economists, Jacques Delpla and Charles Wyplosz, have argued that incumbent service providers should be paid off in exchange for accepting competition. They reckon that compensating French taxi drivers for deregulation would cost €4.5 billion. But buying off the losers from reforms may not hold much appeal.

Boosting European integration could be another way to cut through national resistance to deregulation. As Mario Monti, a former EU competition commissioner, pointed out in a recent call for action, 70% of the EU's GDP is in services but only 20% of those services cross borders. The EU's Services Directive, which is supposed to boost cross-country competition in services, has proved fairly toothless.

How governments can help

Activism on the part of governments is not always misguided. Their investment in basic research is important. The grants doled out by America's National Institutes of Health, for example, generate the raw ideas that pharmaceutical firms turn into profitable medicines. America's Defence Department created the beginnings of the internet. Public spending on building and maintaining infrastructure also matters, though economists argue about how much. Governments can encourage private R&D spending with tax credits and subsidies, and the evidence suggests that more R&D spending overall boosts growth. Other research shows that firms which spend more on R&D are also often quicker to adopt other innovations.

But these traditional ways of encouraging innovation may be less relevant now that research has become more global and more concentrated on software than on hardware. Since the mid-1990s China alone has accounted for a third of the increase in global spending on research and development. Big firms maintain research facilities in many countries. Dreaming up new products and services, as well as better ways of producing old ones, increasingly involves collaboration across borders and companies. As Mr Jorgenson of Harvard University puts it: “Think Google, not lab coats.”

In this more fluid world the old kind of government incentives, such as tax credits and subsidies, may do less to boost innovation than more imaginative inducements, such as offering firms prizes for breakthrough innovations. Bigger efforts to remove remaining barriers to collaboration, from limitations on high-skilled immigration to excessively rigid land-use rules, should also help.

A smart innovation agenda, in short, would be quite different from the one that most rich governments seem to favour. It would be more about freeing markets and less about picking winners; more about creating the right conditions for bright ideas to emerge and less about promises of things like green jobs. But pursuing that kind of policy requires courage and vision—and most of the rich economies are not displaying enough of either.

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UC Santa Barbara Engineering | View Clip
10/07/2010
BioPortfolio

Companies 97 UC Santa Barbara Engineering Companies

Santa Clara University, a comprehensive Jesuit, Catholic university located 40 miles south of San Francisco in California’s Silicon Valley, offers its more than 8,600 student...

HASC's mission is to lead, represent and serve hospitals, and work collaboratively with other stakeholders to enhance community health and safety. Our member hospitals are in the counties of Los Angel...

Hardy Diagnostics is an FDA licensed and ISO certified manufacturer of medical devices. Its headquarters and manufacturing facility has been located in Santa Barbara County for over 30 years. The comp...

The Southern California Biomedical Council is a nonprofit, member-supported trade association that fosters life-science R&D, manufacturing, job creation and overall economic growt...

Koolaburra is a privately held premium footwear manufacturer based in Santa Barbara, California. The company was founded twenty years ago--long before the height of the sheepskin boot craze. The firm ...

Articles 2 UC Santa Barbara Engineering Articles

- Key Step in Ongoing Research to Replicate Insulin-Producing Function of Healthy Pancreas for Type 1 Diabetes Patients - SANTA BARBARA, Calif., March 31 /PRNewswire/ -- A key step toward the succe...

- Study Presented at American Diabetes Association Scientific Sessions - NEW ORLEANS, June 8 /PRNewswire/ -- UC Santa Barbara and Sansum Diabetes Research Institute scientists have demonstrated for t...

Products 2 UC Santa Barbara Engineering Products

New expression systems and recent improvements available for current systems have the potential to revolutionize the biopharmaceutical industry!Lower costs and efficiencies of newer expression systems...

Stem Cell Research and Tissue Engineering: A Boon for Dental Tissue Regeneration Summary GlobalData viewpoints are an essential source of high quality information on all key events in the medical eq...

Clinical Trials 17 UC Santa Barbara Engineering Clinical Trials

This study is to try to maintain cultured dermal papilla cells in spherical structure in vitro before transplanting into dermis in vivo. Also, this study is aimed in clarifying actual mech...

The objective of this study is to evaluate the completeness of struts coverage and vessel wall response (strut malapposition, neointima disomogeneities in texture) to the ENDEAVOR drug-el...

The primary aims of this study are to determine the safety of the RFM System (Alfred Mann Foundation, Santa Clarita, CA) in a patient with incomplete SCI and the effect of the RFM system o...

The study aims to determine the efficacy and best methods for predicting hip fractures and diagnosing post-menopausal osteoporosis using three dimensional structural engineering models (SE...

This research study, Development of Algorithms for a Hypoglycemic Prevention Alarm, is being conducted at Stanford University Medical Center and the University of Colorado Barbara Davis Ce...

Events 0 Results

Indepth Terms 26 UC Santa Barbara Engineering Indepth Terms

A branch of engineering concerned with the design, construction, and maintenance of environmental facilities conducive to public health, such as water supply and waste disposal....

Application of principles and practices of engineering science to biomedical research and health care....

Hospital department whose primary function is the upkeep and supervision of the buildings and grounds and the maintenance of hospital physical plant and equipment which requires engineering expertise....

The application of engineering principles and methods to living organisms or biological systems....

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Undergrads may have an edge in tough job market | View Clip
10/07/2010
ABC Local - Online

SANTA CLARA, CA (KGO) -- Finding a job in this economy isn't easy, but imagine being a student with little or no work experience. ABC7 takes a closer look at how young people are navigating the complicated system and why the recession may actually give some of them a leg up.

Scott Rudell has his greeting down to a science.

"I'm looking for work in mechanical engineering," says Rudell.

It's what he needs to do to stand out at Santa Clara University's annual fall job fair. He's just one of hundreds looking for a job.

"Been pretty tough, I got laid off in April and since then I've been looking around, put in a lot of resumes," says Rudell.

At a time when California's unemployment rate is 12.4 percent and companies are scaling back, young people are learning.

"The competition is really hard," says grad student Huy Le.

Even at the university only 93 companies showed up. In a good year, twice as many participate with plenty of jobs, but right now there are far more applicants than openings.

Just getting a job right out of school has been especially hard since 2009. That's when the hiring rate for new grads dropped by 25 percent. Normally it increases about 5 percent a year.

"What we've got right here is a stack of resumes,"

Companies like Gallo Wine, Facebook, and Macys are hiring and they have the luxury of being picky.

"I really look to see how the students interact with me in regards to simple things like a handshake up to how they can talk to the information that's on their resume," says Greg Gratteau from the Gallo Wine Company.

Personality and attitude matter. According to professor of economics Alex Field, Ph.D., in this economy under grads may actually have a leg up.

"Sometimes firms will view a fresh face trainable, somebody out of college, enthusiastic, perhaps a little bit less expensive than somebody who has been out for a while," says Field.

That's a concept those at the job fair hope catches on fast.

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What's on tap for boomers | View Clip
10/07/2010
Daily Comet - Online, The

Mary Furlong, Ed.D., is a leading authority on the baby boom generation as it moves toward and beyond middle age. Furlong, a professor of entrepreneurship at Santa Clara University's Leavey School of Business, is the author of “Turning Silver into Gold: How to Profit in the New Boomer Marketplace.” She is often called upon to predict trends for older Americans. I interviewed her by phone from her office in California.

Question: With the aging of America, what are the implications for the boomers, the so-called sandwich generation that needs to take care of its older family members, while also continuing to support adult children?

Answer: You do whatever it takes: Sixty nine percent of baby boomers are financially supporting adult children. In fact, it's not just the sandwich generation, but the club sandwich — there are just so many layers.

Question: How are people managing?

Answer: It's not easy. According to studies, some 40 percent of older adults have less than $25,000 in savings. Baby boomers never thought they'd be in a position where they'd have to play catch up. They're putting on those Earth shoes again, except this time it's down-to-earth shoes.

Question: So boomers are getting practical in their old age?

Answer: Boomers grew up thinking they were going to leave the world a better place. Well, they still want to give and mentor and contribute, but they have fewer resources. The word I've been using is “recalculating.” There's a little story about that: A friend gave me a GPS, and I was driving somewhere and I missed the turn and the little voice came on and said, “recalculating.” And I thought, what a perfect word for today's world, because that's exactly what we're all having to do on a frequent basis. Think about it: We grew up with the expectation of being able to work for Big Blue for a lifetime. Our children will have 11 careers before they retire. So we're all recalculating. To get by, we have a mosaic of things we're doing. People are living in what I call the “gig economy.” They'll tell me, for example, “I manage a Starbucks and I'm into art, so I've started a little nonprofit gallery on the side.”

Question: You're a consultant to major corporations. What's the most surprising business trend you've seen targeting older Americans?

Answer: Fashion is very big in assisted living now. For the residents, it's like being back in college, living in a dorm. Everyday you're with a group of people in the dining area and at social events. And guess what? Everyone notices what you're wearing. I've seen fashion shows in assisted living facilities presented by Cold Water Creek, Nordstrom, and the like, where 90 people show up in their 80's and 90's. What some businesses don't realize is that the over-70 market is the juiciest market around.

Question: So what does the future hold?

Answer: I see in the future, a multitude of silver entrepreneurs, who, because they need to, will not be retiring to Boca, but starting businesses and working to finance their future. Many of these will be downsizing, not just their houses, but everything about their lifestyle. But the wonderful side of putting on down-to-earth shoes is that once you've simplified your life, you're often a lot happier.

Question: So you see us living with a lot less?

Answer: We're all living with a lot less. Between the recent recession and the multiple demands on the 50-plus population, this is just a fact of life. It's the great restart. This is not just because of the economy. At the core, it's because of extended lifespan: We all have this 30-year bonus round. And that's not a bad thing!

Steve Slon blogs regularly about aging and caregiving for http://BeClose.com. He is the former editor of AARP The Magazine. See his blog at http://beclose.com/slon or write to him at steveslon@beclose.com.)

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What's on tap for boomers | View Clip
10/07/2010
Houma Courier - Online

Mary Furlong, Ed.D., is a leading authority on the baby boom generation as it moves toward and beyond middle age. Furlong, a professor of entrepreneurship at Santa Clara University's Leavey School of Business, is the author of “Turning Silver into Gold: How to Profit in the New Boomer Marketplace.” She is often called upon to predict trends for older Americans. I interviewed her by phone from her office in California.

Question: With the aging of America, what are the implications for the boomers, the so-called sandwich generation that needs to take care of its older family members, while also continuing to support adult children?

Answer: You do whatever it takes: Sixty nine percent of baby boomers are financially supporting adult children. In fact, it's not just the sandwich generation, but the club sandwich — there are just so many layers.

Question: How are people managing?

Answer: It's not easy. According to studies, some 40 percent of older adults have less than $25,000 in savings. Baby boomers never thought they'd be in a position where they'd have to play catch up. They're putting on those Earth shoes again, except this time it's down-to-earth shoes.

Question: So boomers are getting practical in their old age?

Answer: Boomers grew up thinking they were going to leave the world a better place. Well, they still want to give and mentor and contribute, but they have fewer resources. The word I've been using is “recalculating.” There's a little story about that: A friend gave me a GPS, and I was driving somewhere and I missed the turn and the little voice came on and said, “recalculating.” And I thought, what a perfect word for today's world, because that's exactly what we're all having to do on a frequent basis. Think about it: We grew up with the expectation of being able to work for Big Blue for a lifetime. Our children will have 11 careers before they retire. So we're all recalculating. To get by, we have a mosaic of things we're doing. People are living in what I call the “gig economy.” They'll tell me, for example, “I manage a Starbucks and I'm into art, so I've started a little nonprofit gallery on the side.”

Question: You're a consultant to major corporations. What's the most surprising business trend you've seen targeting older Americans?

Answer: Fashion is very big in assisted living now. For the residents, it's like being back in college, living in a dorm. Everyday you're with a group of people in the dining area and at social events. And guess what? Everyone notices what you're wearing. I've seen fashion shows in assisted living facilities presented by Cold Water Creek, Nordstrom, and the like, where 90 people show up in their 80's and 90's. What some businesses don't realize is that the over-70 market is the juiciest market around.

Question: So what does the future hold?

Answer: I see in the future, a multitude of silver entrepreneurs, who, because they need to, will not be retiring to Boca, but starting businesses and working to finance their future. Many of these will be downsizing, not just their houses, but everything about their lifestyle. But the wonderful side of putting on down-to-earth shoes is that once you've simplified your life, you're often a lot happier.

Question: So you see us living with a lot less?

Answer: We're all living with a lot less. Between the recent recession and the multiple demands on the 50-plus population, this is just a fact of life. It's the great restart. This is not just because of the economy. At the core, it's because of extended lifespan: We all have this 30-year bonus round. And that's not a bad thing!

Steve Slon blogs regularly about aging and caregiving for http://BeClose.com. He is the former editor of AARP The Magazine. See his blog at http://beclose.com/slon or write to him at steveslon@beclose.com.)

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"Potent new report about prosecutorial misconduct in California" | View Clip
10/06/2010
Environmental Law Professors

« Argument transcript in Michigan v. Bryant | Main | "Hearing on “Reining in Overcriminalization: Assessing the Problems, Proposing Solutions”" »

Doug Berman at Sentencing Law and Policy excerpts this article from the National Law Journal headlined "Prosecutorial Misconduct Is Rarely Punished, Says New Study."

The report, issued by the Northern California Innocence Project at Santa Clara University School of Law, found 707 cases between 1997 and 2009 in which courts explicitly determined that prosecutors had committed misconduct. It examined more than 4,000 cases.

Among the 707 cases, only six prosecutors -- 0.8% -- were disciplined by the State Bar of California. Only 10 of the 4,741 disciplinary actions by the state bar during the same period involved prosecutors....

The report is available here.

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"Prosecutorial Misconduct Is Rarely Punished, Says New Study" | View Clip
10/06/2010
Point of Law blog

The Veritas Initiative report studied 707 cases from 1997 to 2009 where California courts explicitly found prosecutorial misconduct, and only six of the prosecutors faced State Bar discipline. [National Law Journal]

Of course, it's important to recognize that a court finding of prosecutorial misconduct does not always equate to actual prosecutorial misconduct (just as a court finding of discovery abuse does not always mean discovery abuse occurred), but it's also true that many cases of prosecutorial misconduct are never discussed by courts. The lack of so much as a reprimand in many cases is appalling, especially given the higher ethical obligations of prosecutors. If the State Bar of California spent less time on lobbying and "diversity" and more time on its core functions, maybe there would be more discipline.

That said, the reports proposal to abolish absolute immunity for prosecutors is foolish, given the low bar for surviving demurrer in California. It's too easy to allege that an action was "intentional" or "with malice," and the cost of litigation would mean that good-faith prosecutors that only have qualified immunity would face expensive meritless lawsuits.

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Author of 'The Circuit' tells Shoreline students the key to success is education | View Clip
10/06/2010
San Jose Mercury News - Online

LIVE OAK - The key to success isn't a mystery, author and professor Francisco Jimenez told the hundreds of students at Shoreline Middle School on Wednesday.

Study hard, get good grades and stay in school.

"I can't stress that enough," said Jimenez, the son of migrant field workers who has taught literature and other subjects at Santa Clara University for several years and written books based on his experiences growing up. "Whatever work you want to do, you'll be able to choose that if you continue your education."

Jiménez, born in Tlaquepaque, Mexico, spent much of his childhood moving around California with no permanent home or regular schooling.

Jimenez, 67, wrote "The Circuit," which is currently being read by many Shoreline students.

The book is an inspirational autobiographical tale of what it was like to move to the U.S. from Mexico at a young age, work in the fields alongside his parents and siblings, and beat the odds by becoming the first in his family to attend college. He graduated from Santa Clara University.

Jimenez also shared some of the painful memories of being the new guy at school trying to master English.

"In grammar school I would get teased when I mixed up words or mispronounced a word," Jimenez said. "I felt bad."

Jimenez was invited to speak to the students by Librarian Gayle Rorvik, who believes his stories of perseverance and survival hit home for the Shoreline children who come to school with varied life experiences.

"They've read his stories and have been very touched by his life and his very personal story," Rorvik said. "Some of our students experience the same things at home."

Soquel High freshman Sebastian Villanueva said reading "The Circuit" and hearing Jimenez talk have motivated him to be a better student and become the first in his family to go to college.

"He inspired me to be more of who I am, Mexican, and try harder in education," said Villanueva, 14. "I want to make the same goals he did."

Learning and sticking with school are assets that stay with a person throughout their life and open doors to opportunities that would otherwise be unreachable, Jimenez said to the crowd of students packed in Shoreline's gymnasium.

"Education gives you choices and a better living in terms of material things," he said, "and more important, it gives you an appreciation for everything that surrounds us.

"Like music, if you study music you appreciate it even more."

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California Pot Legalization Wouldn't Trump Federal Law | View Clip
10/06/2010
Media Awareness Project

CALIFORNIA POT LEGALIZATION WOULDN'T TRUMP FEDERAL LAW

Even if Californians vote next month to legalize marijuana, possession of the drug will still be a criminal offense under federal law, which trumps state law almost every time under the U.S. Constitution.

But crackdowns on users and small-scale growers could decrease if Californians pass Proposition 19, the ballot measure proposing to legalize marijuana for recreational purposes.

In a statement, a Justice Department spokesman said it was "premature to speculate on what steps we would take" in the event California passes the measure, but that it will continue "to focus its enforcement resources on significant traffickers of illegal drugs, including marijuana, in all states."

Legal experts say that while large-scale sellers might be of interest to federal authorities, others are unlikely to be a priority.

"Is the government going to put hundreds more DEA agents in northern California to go after cannabis growers?" asked Mark Kleiman, a professor of public policy at the University of California, Los Angeles. "It might, but if there's no state-level enforcement, California would still be the safest place to grow pot."

The federal government could try to use federal tax law to crack down on sale and distribution of marijuana. It might choose that avenue if it decides the California ballot measure runs afoul of international treaties signed by the U.S. that attempt to control the drug trade. That isn't clear.

Another potential problem for federal officials: Legalization in California might make marijuana more available throughout the country, potentially undermining state laws elsewhere. That would put federal authorities "in an incredibly tough spot," said Gerald Uelmen, a professor of criminal law at Santa Clara University.

MAP posted-by: Jo-D

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California Prosecutorial Misconduct Report Poses Interesting Questions | View Clip
10/06/2010
Environmental Law Professors

« Why Can't Johnny Research Practice Law? The legal education system has broken the Social Contract | Main

The Northern California Innocence Project, from Santa Clara University, has issued a report on prosecutorial misconduct in that state.  The project examined some 4,000 cases where prosecutorial conduct could be an issue.  The coverage was from 1997 to 2009.  The report highlights facts such as out of 707 California cases  where misconduct was found only six prosecutors were disciplined by the California State Bar.  Only 159 of these cases resulted in setting aside convictions or barred evidence.  The other 548 cases found that the defendant received a fair trial nonetheless.

Prosecutors reacted to the report via quotes in a Los Angeles Times article.  Scott Thorpe, chief executive of the California District Attorneys Assn. called it overblown and said that his organization and others regularly put on ethics training seminars for prosecutors.  State Bar officials said that not all instances of prosecutorial misconduct warranted discipline.  The article notes that California courts are not required to forward cases of misconduct to the Bar.

The report focus quite a bit on harmless error as excusing prosecutor misconduct as a reason to change the result in a case.  It does, however, highlight how the same conduct in two different cases leads to two different results.  As the report states:

Comparing How Courts Characterize Misconduct: Courts have found the same types of misconduct in both cases where convictions or sentences were set aside, mistrials declared, or evidence barred and cases where convictions were upheld. The misconduct does not determine whether a trial is called fair by a court.

Harmful Error Conduct:

Perlaza, 439 F.3d 1149 (2006)

Shifting the Burden of Proof

“That presumption [of innocence], when you go back in the room behind you, is going to vanish when you start deliberating. And that's when the presumption of guilt is going to take over…”

(at 1169)

Harmless Error Conduct:

Flores-Perez, 311 Fed.Appx 69 (2009)

Shifting the Burden of Proof

“when you retire to the jury room to deliberate, the presumption [of innocence] is gone. You are no longer obligated to presume innocence, but you are obligated to draw rational

conclusions from the evidence.” (at 71)

There are several more examples listed.  I understand that there are more factors in a case examined by judges than the simple quotes listed by the report authors.  Still, why would one be harmless error and the other not?  So, is it Equal Justice Under the Law, or Equal Justice Under the Luck of the Draw?  [MG]

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Health Reform Facing Early Legal Tests | View Clip
10/06/2010
Kaiser Health News

Topics: Health Reform, Medicaid, Politics, States

This story was produced in collaboration with

Matt Sissel of Iowa City, Iowa, proudly served in Iraq as a combat medic. But he says he objects to being "conscripted" into an overhauled federal health care system.

The uninsured artist is riled about a provision in the new health law that would require him to purchase insurance or pay a penalty starting in 2014. Last July, he filed a lawsuit to have the landmark act declared unconstitutional. "I don't want the federal government dictating my personal financial decisions," says Sissel, 29. "It can't even run its own budget."

In attacking the law in the courts, Sissel has plenty of company. A number of interest groups, state officials and ordinary citizens are seeking to have the health care law struck down in federal court, and action is heating up:

-- This week or next, a federal judge in Pensacola, Fla., is expected to issue a preliminary ruling on perhaps the most prominent lawsuit. Brought by the governors or attorneys general of 20 states, the lawsuit seeks to have the act declared unconstitutional.

-- Any day, a judge in Michigan could act on a request by the Thomas More Law Center to issue an injunction blocking the government from taking any further action implementing the law. The non-profit law firm, based in Ann Arbor, often brings anti-abortion cases.

-- On Oct. 18, the Republican attorney general of Virginia — who has compared the Obama administration's regard for states' rights to the tyranny of King George — heads back to court for another round of hearings with a federal judge who recently turned down a Justice Department request to throw the case out.

The burst of litigation has the framers of the law and the Obama administration playing defense. Many scholars, such as Charles Fried of Harvard Law School, argue that the law is on firm legal footing. But there is no quick resolution in sight, and it may take a year or two, and a trip to the U.S. Supreme Court, for all the lawsuits to get sorted out.

Still, that might be a quicker route to upending the law, or parts of it, than a threatened GOP repeal effort in Congress. Even if Republicans pick up more seats in November, they'll have a tough time getting major changes past President Obama.

Under the health care law enacted in March, more than 32 million additional Americans are expected to get insurance, either through an extension of Medicaid, the state-federal program for the poor, or through exchanges where low- and moderate-income individuals and families will be able to purchase private insurance with federal subsidies.

The law's ambitious sweep has made it a target for those who see it as an unjustified expansion of government. Plaintiffs challenging the law include a variety of religious groups, the nation's largest small-business trade association, and a who's who of conservative legal activism.

Sissel, for example, is represented by the Pacific Legal Foundation, a Sacramento-based legal watchdog group that supports limited government, property rights, and free enterprise.

Liberty University, the fundamentalist Lynchburg, Va., college founded by the late Jerry Falwell, has filed a lawsuit claiming that exemptions from the law for religious groups are too narrow and violate freedom of religion under the First Amendment. The Tucson-based Association of American Physicians and Surgeons, which opposes government intervention in health care, also has sued.

Several Cases, Similar Views

In many cases, the lawsuits make similar arguments. Several contend, for example, that a provision of the law requiring most people without health insurance to get coverage or pay a penalty exceeds the power of Congress to regulate interstate commerce under the Constitution.

The states, in the Florida lawsuit, also are challenging a provision of the law that greatly expands Medicaid. They claim the changes will cost them billions of dollars and wreck their budgets for years to come.

Justice Department lawyers say the lawsuits are without merit and premature. The penalties for people without insurance won't take effect until 2014, and the states won't have to start picking up any of the costs of the expanded Medicaid until 2017.

But the critics say the changes are so profound, that the courts should act now. The law will "transform our nation beyond recognition" and "arm Congress with unbridled top-down control over virtually every aspect of persons' lives," the states have argued in court documents in the Florida case.

Florida Attorney General Bill McCollum said in an interview that if the individual insurance requirement is upheld, there is no end to what the federal government might require people to do. "The government could ... force us to buy a General Motors car or put our money in a government-owned bank," he says.

Justice Department lawyers respond that the law was well within the power of Congress to enact. In court papers in the Florida case, they have described the law as "an important but incremental" extension of federal regulation of the health-care market.

Supporters of the law say healthy people must be required to buy coverage to offset higher costs that insurance companies face under the new law — otherwise, insurance will be too expensive for everyone.

In addition, they argue that dismantling the statute would hurt the poor, and would be a first step in rolling back laws dating to the New Deal that have given the government broad authority to regulate the behavior of individuals and states.

"These lawsuits have been mounted by people whose objective is to change constitutional law," says Simon Lazarus, public policy counsel for the National Senior Citizens Law Center, a non-profit legal and educational firm that advocates for low-income older adults. To hold that the health reform law is unconstitutional would require "massively consequential changes in the Constitution as it has been plainly understood."

Disagreement, Even Within State Governments

In some states, Republican and Democratic officials are slugging it out over their differing stands on the lawsuits.

In Washington state, for example, the state Supreme Court next month will hear a case that seeks to force the state's Republican attorney general, Rob McKenna, to withdraw from the multistate lawsuit in Florida.

The hearing was set after the Democratic city attorney for Seattle, Pete Holmes, complained that state law prohibits McKenna from representing Washington in court without the support of the governor. Washington's Democratic governor, Chris Gregoire, opposes the lawsuit. McKenna, considered a frontrunner for the governor's race in 2012, says the law is on his side.

In Iowa, Republican Brenna Findley, is looking to unseat Democrat Tom Miller as attorney general, in part by vowing to join the Florida lawsuit if elected. This week,. Findley is hosting Virginia Attorney General Ken Cuccinelli at several campaign events. "Ken has led the way in fighting the federal takeover of America's health care system," Findley says in a message to supporters on her campaign's Facebook page. "Don't miss this opportunity to speak to Brenna and Ken about this important issue!!"

Miller, a seven-term incumbent, says the case is weak, and that joining the lawsuit would be a waste of resources. "Above all else, an attorney general has to follow the law and do things that are consistent with the law," he says in an interview. "You don't go ahead and file a lawsuit because you disagree with the policy."

Even conservatives acknowledge that Congress has broad powers under the Constitution. But they say the authority kicks in only when there is already some ongoing activity to regulate.

"The Supreme Court has never said Congress has the power to make you engage in economic activity," such as buying insurance, says Randy Barnett, a professor of constitutional law at Georgetown University Law Center in Washington.

States can require citizens to buy auto insurance or fire insurance for their homes — but that is because they have broad police powers under the Constitution that Congress does not have, he says.

Sissel figures the auto insurance he is required to maintain under Iowa law will cover his medical bills if he gets in an accident. He's prepared to cover other bills out of his own pocket.

Healthy and trying to start an art business, he thinks his decision is rational. "There are all sorts of tragedies that can befall us in life. We can't spend all of our time worrying about the statistically improbable," he says.

Defenders of the individual-insurance mandate say people who don't carry insurance impose a cost on society. If people get sick and don't have insurance, they say, the public will have to pick up the tab.

"People not buying health insurance ... they have not removed themselves from the marketplace. They have inserted themselves in the marketplace in perhaps the most aggressive way," says Steven Schwinn, a law professor at John Marshall Law School in Chicago.

Medicaid Costs At Issue

Another point of contention involves the Medicaid expansion. Many states already spend a quarter or more of their budgets on Medicaid, and some fear the cost will rise dramatically as the new law takes hold.

David Rivkin, a Washington lawyer representing the states in the Florida case, says there comes a point where the cost crosses a line. By turning the states into "financial wards of the federal government," he says, "you can vitiate state sovereignty."

But several studies have predicted the overall cost to the states will be relatively small compared with the huge influx of federal dollars and the benefits residents will get from having insurance for the first time.

The states also do not have to accept the money, and can withdraw from Medicaid, although Rivkin and others say that is not a realistic option, given how the public has come to depend on the program.

"Does that mean the more money the feds give (the states) the less control it has over how those dollars are spent?" says Brad Joondeph, a professor at Santa Clara University law school.

The argument "seems backwards," he says. "You end up with a perverse rule."

In Florida, Judge Roger Vinson has said that he's leaning towards dismissing several counts in the states' lawsuit, but that he would allow "at least one count" to proceed.

Vinson has already scheduled a follow-up hearing for December, when he'll give what's left of the case a closer look. He's expected to issue a final ruling early next year, touching off a round of appeals.

The states want to move the case along as quickly as possible, to capitalize on what they view as public disenchantment with the law. They hope that public concern will shade how the lawsuit is viewed by the courts. They also believe that they can get the case before the U.S. Supreme Court before major features, such as the individual mandate, become effective in 2014. They believe that helps their cause because there will be less of the law to undo.

Barnett concedes that the Supreme Court usually bends over backwards to uphold laws of Congress. But if the law turns out to be highly unpopular, he thinks the high court will be open to "valid constitutional objections."

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If California Legalizes Pot, How Will the Feds React? - Law Blog - WSJ | View Clip
10/06/2010
Law Blog - Wall Street Journal Blogs

Next month, voters in California could vote to legalize the use of marijuana for recreational use - a result that simply wouldn't have been thinkable five years ago. According to a recent Field Poll, 49 percent of likely voters approved of measure, called Proposition 19, while 42 percent disapproved.

Thing is, regardless of what happens in California, using any quantity of marijuana for recreational use will still be a violation of federal law, namely the Controlled Substances Act, first passed into law in 1970.

So what will happen? We did a little digging on the issue and churned out

this little piece for Wednesday's WSJ. The bottom line: nobody really knows what might happen.

On the one hand, some think that the two sets of laws will be in conflict. And under the Supremacy Clause of the Constitution, when federal and state law conflict, the state law is nullified. This position was articulated in

The California proposition is not a close call. It will be in explicit conflict with established federal law. It will also violate our government's treaty obligations with other countries.

That said, the Justice Department hasn't yet articulated this much - that the passage of Propostion 19 would be in direct conflict with federal law. And not everyone agrees with the former DEA administrators. "Nowhere is it written that California has to have a law outlawing marijuana," says Erwin Chemerinsky, the dean of the law school at University of California, Irvine. "Proposition 19, if it passes, will not be unconstitutional on [Supremacy Clause] grounds."

Nevertheless, legal and public policy experts told us that the federal government will likely have to do

something - if not wage a successful legal battle. For starters, the California ballot measure might run afoul of international treaties signed by the U.S. that attempt to control the drug trade. Legal experts seem to disagree on the treaty issue.

Another potential problem for federal officials: Legalization in California might make marijuana more available throughout the country, potentially undermining state laws elsewhere. That would put federal authorities "in an incredibly tough spot," said Gerald Uelmen, a professor of criminal law at Santa Clara University.

In a statement, a Justice Department spokesman said it was "premature to speculate on what steps we would take" in the event California passes the measure, but that it will continue "to focus its enforcement resources on significant traffickers of illegal drugs, including marijuana, in all states."

One option: The Justice Department could beef up federal enforcement in California. But experts question whether the Justice Department has the will and resources to be effective, especially in regard to small-scale growers and users.

"Is the government going to put hundreds more DEA agents in northern California to go after cannabis growers?" asked Mark Kleiman, a professor of public policy at the University of California, Los Angeles. "It might, but if there's no state-level enforcement, California would still be the safest place to grow pot."

« Previous
Is an Employment Background Check Ever Too Invasive? 11:46 am October 6, 2010
WeedShack.com http://www.WeedShack.com is a Medical Marijuana Industry Directory providing Safe Access for Medical Marijuana Patients to get their meds!!! 11:02 am October 6, 2010
Laughing Reader wrote:

The Federal Government cannot require California to enforce the federal laws. There is NOT a Constitutional question at hand. When CA seeks to tax the marijuana, a BIG problem arises. There is nothing to stop the Federal Government from seizing all of the tax revenue based on civil forfeiture laws. CA would be unable to prove that the money was not involved in the commission of a (Federal) crime. Looks like California pot-heads may be paying off our national debt.

10:42 am October 6, 2010
anon wrote:

One issue to me is drug dealers and former drug dealers in public office. I think that former drug dealing should be disclosed by public officials. In Colorado there are no prohibitions against convicted felons being in office and no requirement to disclose felony convictions. An example is Kevin Bennett, former president of Steamboat Springs CO City Council who recently admitted his felony record for conspiracy to sell hash. This was secret when he was in public office even though Steamboat had no mayor and he assumed the role of mayor claiming to work full time on a part-time position in which the police effectively reported to him so he could decide who should be busted or prosecuted. He also had control of the city planning process and who got positions on city boards such as for granting variances. And his "square feet of building area" didn't increase on his property taxes when he built additional buildings. So you can see how enforcement of drug regulation laws can mix into real estate development, zoning changes, city contracts etc.

10:40 am October 6, 2010
Winston wrote:

Oklahoma to California: Legalize!!!!

10:19 am October 6, 2010
Solomon Grundy

The Wall Street Journal's Law Blog covers the notable legal cases, trends and personalities of interest to the business community. Ashby Jones is the lead writer. Ashby has covered the legal and business worlds for over a decade. Before becoming a journalist, he worked as a litigator at a large law firm and clerked for a federal judge. Have a comment or tip? Write to

Can't We All Just Get Along? These Days, Not in the World of Big Tech Michigan Asst. AG, Owner of Blog Targeting Gay Student, Takes Leave

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IT IS WHAT HE NEEDS TO DO TO STAND OUT AT SANTA CLARA UNIVERSITY'S FALL JOB FAIRE.
10/06/2010
ABC 7 News at 11 PM - KGO-TV

WE WILL TALK ABOUT JOBS FOR A FEW MOMENTS. IT IS WORSE THAN EXPECTED, BUT NOT AS BAD AS IT COULD BE. ON FRIDAY THE LABOR DEPARTMENT WILL GIVE ANEST MATE ON HOW FAR AN ES STAW MET ON HOW FAR OFF THEY WERE. THERE WERE PROBABLY MORE THAN INITIALLY REPORTED, PARTIALLY BECAUSE BUSINESSES WERE FORCED TO CLOSE. NO ONE EXPECTS THE MISCOUNT TO BE AS BAD AS LAST YEAR'S WHEN THE LABOR DEPARTMENT UNDERESTIMATED BY 900,000. AS YOU WELL KNOW, FINDING A JOB IN THIS ECONOMY IS NOT EASY. IMAGINE BEING A STUDENT WITH NO OR LITTLE WORK EXPERIENCE, QUITE THE DILEMMA. LISA AMIN GULEZIAN HAS MORE ON HOW THEY ARE NAVIGATING THE SYSTEM, AND HOW THE RECESSION MAY GIVE SOME OF THEM A LEG UP. SCOTT HAS HIS GREETING DOWN TO A SCIENCE. I AM LOOKING FOR WORK IN MECHANICAL ENGINEERING. IT IS WHAT HE NEEDS TO DO TO STAND OUT AT SANTA CLARA UNIVERSITY'S FALL JOB FAIRE. HE IS ONE OF HUNDREDS LOOKING FOR A BE JO. IT IS TOUGH. I GOT LAID OFF IN APRIL. SINCE THEN I HAVE BEEN LOOKING AROUND. I PUT IN A LOT, A LOT OF RESUMES. AT A TIME WHEN CALIFORNIA'S UNEMPLOYMENT RATE IS 12.4% AND COMPANIES ARE SCALING BACK, YOUNG PEOPLE ARE LEARNING. THE COMPETITION IS REALLY HARD. EVEN HERE, ONLY 903 COMPANIES 93 COMPANIES SHOWED UP. IN A GOOD YEAR TWICE AS MANY PARTICIPATE WITH PLENTY OF JOBS. RIGHT NOW THERE ARE FAR MORE APPLICANTS THAN OPENINGS. GETTING A JOB RIGHT OUT OF SCHOOL HAS BEEN ESPECIALLY HARD SINCE 2009. THAT'S WHEN THE HIRING RATE FOR NEW GRADS DROPPED BY 25%. NORMALLY IT INCREASES BY ABOUT 5% A YEAR. WHAT WE HAVE OUT HERE IS A STACK OF RESUMES. COMPANIES LIKE GALLO WINE ARE HIRING AND THEY HAVE THE LUXURY OF BEING PICKY. WE SEE HOW THE STUDENTS INTERACT WITH ME WITH SIMPLE THINGS LIKE A HANDSHAKE AND HOW THEY CAN TALK ABOUT THE INFORMATION ON THEIR RESUME. PERSONALITY AND ATTITUDE MATTER. ACCORDING TO A PROFESSOR OF ECONOMICS, ALEX FIELDS, IN THIS ECONOMY, UNDER GRADS MAY ACTUALLY HAVE A LEG UP. SOMETIMES FIRMS WILL VIEW A FRESH FACE TRAINABLE, SOMEBODY OUT OF COLLEGE AND ENTHUSIASTIC AND PERHAPS A LITTLE LESS EXPENSIVE THAN SOMEBODY THAT HAS BEEN OUT AWHILE. IT IS SOMETHING THEY HOPE CATCHES ON FAST. LISA AMIN GULEZIAN, ABC NEWS.

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IT IS WHAT HE NEEDS TO DO TO STAND OUT AT SANTA CLARA UNIVERSITY'S FALL JOB FAIRE.
10/06/2010
ABC 7 News at 11 PM - KGO-TV

WE WILL TALK ABOUT JOBS FOR A FEW MOMENTS. IT IS WORSE THAN EXPECTED, BUT NOT AS BAD AS IT COULD BE. ON FRIDAY THE LABOR DEPARTMENT WILL GIVE ANEST MATE ON HOW FAR AN ES STAW MET ON HOW FAR OFF THEY WERE. THERE WERE PROBABLY MORE THAN INITIALLY REPORTED, PARTIALLY BECAUSE BUSINESSES WERE FORCED TO CLOSE. NO ONE EXPECTS THE MISCOUNT TO BE AS BAD AS LAST YEAR'S WHEN THE LABOR DEPARTMENT UNDERESTIMATED BY 900,000. AS YOU WELL KNOW, FINDING A JOB IN THIS ECONOMY IS NOT EASY. IMAGINE BEING A STUDENT WITH NO OR LITTLE WORK EXPERIENCE, QUITE THE DILEMMA. LISA AMIN GULEZIAN HAS MORE ON HOW THEY ARE NAVIGATING THE SYSTEM, AND HOW THE RECESSION MAY GIVE SOME OF THEM A LEG UP. SCOTT HAS HIS GREETING DOWN TO A SCIENCE. I AM LOOKING FOR WORK IN MECHANICAL ENGINEERING. IT IS WHAT HE NEEDS TO DO TO STAND OUT AT SANTA CLARA UNIVERSITY'S FALL JOB FAIRE. HE IS ONE OF HUNDREDS LOOKING FOR A BE JO. IT IS TOUGH. I GOT LAID OFF IN APRIL. SINCE THEN I HAVE BEEN LOOKING AROUND. I PUT IN A LOT, A LOT OF RESUMES. AT A TIME WHEN CALIFORNIA'S UNEMPLOYMENT RATE IS 12.4% AND COMPANIES ARE SCALING BACK, YOUNG PEOPLE ARE LEARNING. THE COMPETITION IS REALLY HARD. EVEN HERE, ONLY 903 COMPANIES 93 COMPANIES SHOWED UP. IN A GOOD YEAR TWICE AS MANY PARTICIPATE WITH PLENTY OF JOBS. RIGHT NOW THERE ARE FAR MORE APPLICANTS THAN OPENINGS. GETTING A JOB RIGHT OUT OF SCHOOL HAS BEEN ESPECIALLY HARD SINCE 2009. THAT'S WHEN THE HIRING RATE FOR NEW GRADS DROPPED BY 25%. NORMALLY IT INCREASES BY ABOUT 5% A YEAR. WHAT WE HAVE OUT HERE IS A STACK OF RESUMES. COMPANIES LIKE GALLO WINE ARE HIRING AND THEY HAVE THE LUXURY OF BEING PICKY. WE SEE HOW THE STUDENTS INTERACT WITH ME WITH SIMPLE THINGS LIKE A HANDSHAKE AND HOW THEY CAN TALK ABOUT THE INFORMATION ON THEIR RESUME. PERSONALITY AND ATTITUDE MATTER. ACCORDING TO A PROFESSOR OF ECONOMICS, ALEX FIELDS, IN THIS ECONOMY, UNDER GRADS MAY ACTUALLY HAVE A LEG UP. SOMETIMES FIRMS WILL VIEW A FRESH FACE TRAINABLE, SOMEBODY OUT OF COLLEGE AND ENTHUSIASTIC AND PERHAPS A LITTLE LESS EXPENSIVE THAN SOMEBODY THAT HAS BEEN OUT AWHILE. IT IS SOMETHING THEY HOPE CATCHES ON FAST. LISA AMIN GULEZIAN, ABC NEWS.

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Officiating for the love of the game | View Clip
10/06/2010
FOXSports.com



Watch Mike's performance on the field.

Mike Pereira was the NFL's Vice President of Officiating from 2004-09, having spent the five seasons previous to that as the league's Director of Officiating. He also served as an NFL game official when he acted as side judge for two seasons (1997-98).

FAIR OAKS, Calif.

The last time I ever officiated a football game was Jan. 4, 1998. It was the AFC divisional championship game between the Denver Broncos and the Kansas City Chiefs. I remember a tough call in the end zone, on a Tony Gonzalez incomplete pass. And I remember missing an illegal contact foul committed against Ed McCaffrey.

Mike (right) chats with his team before the game.

Nancy Gay

It's funny how something like that -- a missed illegal contact call -- stays with you forever.

Almost 13 years later, I realized the exhilaration of being on the field never left me. So I came back.

Back to where it all begins.

A freshman game, at Del Campo High School in Fair Oaks, Calif., just outside Sacramento. The Cougars of Del Campo were playing host to the Bruins of Bear River High in Grass Valley, a small school in the foothills of the Sierra Nevada that brought a large collection of fans for this road trip.

Two years ago, when I decided that I was going to retire from the NFL after the 2009 season, I decided at that point I wanted to go back and officiate high school football. I'll never forget the reason why I got started officiating in the first place.

I was a junior at Santa Clara University, a guy who needed some extra money, and I was told about officiating Pop Warner games on Sundays in East Palo Alto, about halfway between San Francisco and San Jose. I was told I could work three games on Sunday for $10 a game. I would come away with $30 cash.

I couldn't resist, as I needed the beer money.

My father officiated football for 33 years, and so I had a bit of a background in officiating before going to that Pop Warner game. What I didn't realize about officiating at that level is that it was all about the kids.

Our rules expert Mike Pereira breaks down all the big decisions HERE.

Young kids playing football. For the love of the game. I fell in love with officiating for THAT reason, and that reason alone.

After East Palo Alto, I joined the local high school officiating association in San Jose, and worked for several years at that level. Like most officials, the more I got involved, the more I wanted to challenge myself to move up the officiating ladder.

From small colleges in Northern California such as St. Mary's and UC-Davis to the Pacific Coast Athletic Association and on to the Western Athletic Conference, the path eventually took me to the NFL. But I realized as I was making these jumps that at each stop, the games got further away from being about the kids.

Even in Division I college football now, it's not about the kids. It's a business. As you go on to the NFL, it's about the money. It's a job. When you get into the NFL, it's a job.

So finally, after 29 years, I'm back where I want to be.

I'm showing up on a Thursday at 6 p.m.in the heat of late September to officiate games played by 14- and 15-year-olds who call me “Sir” and say “Thank you.”

After nearly 13 years away from actually working a game, I questioned whether or not I could still do this. I was 48 when I left the field and now I'm 60. What I found out was it felt like being bucked off a horse. You've got to get right back on.

And I got back on. Halfway through the first quarter, I realized that I could still do this.

ASK MIKE PEREIRA

If you have a question or comment for Mike, submit it below.

Subject: Comment/Question:Name: Email Address: Hometown:

I realized that I could still relate to the kids, that I could help make this game an enjoyable experience for these young men who practice hard and play this game. It also struck me that the game of football won't survive without kids getting involved at a young age like this, at the grass-roots level. We have to keep kids on the football field and playing this game.

I want to be a part of that.

I want to be a part of the game to make sure that these kids are as safe as they can be. And that they play fair and play by the rules.

In my first game back, I think I taught them how to respect the officials -- or at least I hope I did. And to understand that the officials are really there for their benefit.

Who knows how much longer I can do something like this? But as long as I am physically able, I want to be with these kids. I want to officiate at this level. Maybe the game will benefit. And maybe the kids will benefit, too.

I know one thing: I will benefit from it. I'm back officiating, and it's purely for the love of the game.

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POLICE: CRAIGSLIST SALES END IN ROBBERIES
10/06/2010
Sun Sentinel

When she wanted to hawk her cell phone, 17-year-old Rosa Zelaya, of Hialeah, turned to the ever-popular website Craigslist.

But instead of cash, two thugs stole her phone and fired a bullet at her.

Rosa is one of a dozen people this year alone who Miami-Dade police say were victimized by criminals who met them through the ubiquitous buy-and-sell website. Ten cases resulted in arrests.

To steal everything from iPhones to concert tickets to video game consoles, criminals are increasingly using Craigslist.com to arrange the robberies of unsuspecting victims, police said.

In Rosa's case, she posted her HTC HD2 phone for sale for $450 on the website in June.

An affable young man sent her boyfriend, Kevin Rodriguez, a text message inquiring about the phone.

But the man claimed he didn't have a car, and asked if the couple could meet him in front of a house in the 1000 block of Northwest 106th Street. Wary of the neighborhood but not suspicious enough, the couple took some friends along and drove to the house.

At gunpoint, police say, Jeffry Saintil, 17, and Kareen Bowles, 17, then robbed them of the phone. When the teens tried following the robbers, one of them shot at their car, missing.

Saintil and Bowles are now jailed, awaiting trial for armed robbery. The suspects were arrested at the same meeting place - actually an abandoned house, police said.

"The lesson is, don't go on Craigslist unless you meet the person in a public place," Rosa said. "Don't trust anybody, even if they sound nice."

As its reach has grown in recent years, Craigslist has come under closer scrutiny for its use by criminals, including robbers, prostitutes and thieves looking to peddle their stolen goods.

The most high-profile case was that of former Boston medical student Philip Markoff, accused of murdering a masseuse he met through Craigslist. Markoff, while in jail, killed himself in August before standing trial.

In response to the wave of publicity - and outcry from state attorneys general - Craigslist pulled its "adult services" ads from the site.

In a high-profile local Craigslist case last month, a Miami-Dade police detective shot and critically wounded suspected robber Marcus Rogers, 18, during a confrontation at the teen's home in the 1800 block of Northwest 45th Street.

According to police, Rogers had earlier robbed two men from Palm Beach County who had agreed to meet him in Miami, thinking he was going to sell them a used Honda.

Police stress that buyers and sellers should meet only in well-lit, public places.

"You have to be careful. Victims are being asked to go to a residence or a secluded place at night. Obviously, we recommend against that," said Miami-Dade Detective Aida M. Fina-Milian, a police spokeswoman.

Eric Goldman, director of the Santa Clara University School of Law's High Tech Institute, said buyers should be wary of buying smaller items such as phones and electronics from the site.

"Buying and selling on Craigslist has inherent risks, as opposed to an online retailer or Ebay, where sellers have well-developed reputations," Goldman said.

But he noted that most Craigslist users are honest, and customers should simply use common sense.

"Craigslist is not an ideal place for criminals because buyers and sellers exchange a lot of information about each other," he said, adding: "It doesn't sound like we have the most savvy criminals."

Police say those less-than-savvy robbers include Marcelo Peña, 18, who was arrested on a robbery charge after meeting Nicolas Portuando, 20, in front of Devon Aire Elementary in South Miami-Dade on the night of March 10.

Portuando was to sell him a $100 ticket for Miami's Ultra music festival. But Peña snatched the ticket from Portuando's hand and drove off and knocking Portuando down, police said.

Investigators, within four hours, tracked Peña down with the obvious evidence:

Portuando had the suspect's phone number stored in his cell phone.

"I haven't posted anything else on Craigslist, just for the fact you never know who you're going to be dealing with," Portuando said.

Miami Herald staff writer Jennifer Lebovich contributed to this report.

Copyright © 2010 Sun-Sentinel

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Prosecutors escape discipline, court scrutiny for misconduct | View Clip
10/06/2010
California Watch

In California, the odds that a prosecutor will face discipline for misconduct in a criminal case are miniscule.

An analysis of appellate cases and media reports [PDF] released this week by the Northern California Innocence Project revealed that from 1997 to 2009, the courts found prosecutorial misconduct in 707 cases. But here's what happened:

"In the vast majority — 548 of the 707 cases — courts found misconduct but nevertheless upheld the convictions, ruling that the misconduct was harmless — that the defendants received fair trials notwithstanding the prosecutor's conduct. Only in 159 of the 707 cases — about 20 percent — did the courts find that the misconduct was harmful; in these cases they either set aside the conviction or sentence, declared a mistrial or barred evidence."

Despite these rulings of misconduct, the report said, "those empowered to address the problem — California state and federal courts, prosecutors and the California State Bar — repeatedly fail to take meaningful action."

According to the report, of the 4,741 public disciplinary actions reported in the California State Bar Journal, only 10 involved prosecutors, and only six of these were for conduct in the handling of a criminal case. That's less than one percent of the 600 cases in which the courts ruled prosecutors had violated rules (such as withholding evidence) and where researchers were able to identify the prosecutor.

In total, the report found that in 282 cases where prosecutors were accused of misconduct, the appellate court declined to examine the allegation, but found that the trials themselves were fair.

According to the study, judges used two justifications for passing on the prosecutorial misconduct questions. Most common, the jurists decided that the alleged violation would not affect the verdict, so there was no cause for further inquiry.

That doesn't mean the misconduct was irrelevant, as this excerpt from the study shows:

“For example, in the case of Anaissa Gerwald, the prosecutor, by suggesting that the defendant had failed to produce evidence, violated the rule precluding prosecutors from commenting on a defendant's right to remain silent.

The presiding judge dressed down the prosecutor, saying, ‘You are really on thin ice. As a defendant [Gerwald] has no obligation to ever do any of that. It's almost—I mean it's almost mistriable [sic].'

Yet the Court of Appeal avoided reaching the prosecutorial misconduct issue, holding: ‘Even if the prosecutor committed misconduct … any error was harmless beyond a reasonable doubt.'

”Other allegations were shelved because defense attorneys failed to properly call out the misconduct during trial.

Cookie Ridolfi, the study's co-author and a Santa Clara University law professor, argues that any instance of prosecutorial misconduct should be targeted, regardless of whether it impacts the final results.

Not doing so “reflects the wrong attitude by our courts,” Ridolfi said. “I think the courts, part of their job is to make clear what the laws are, and to just disregard, to ignore, obvious misconduct is really an imprimatur. It tolerates it and in that sense, condones it.”

The study, titled “Prosecutorial Misconduct in California,” has come under criticism from prosecutors and the state bar for suggesting misconduct is rampant.

In fact, the study states that judges found no basis in about three-fourths of all misconduct allegations during the period reviewed.

The state bar recently approved 67 new ethics rules that apply to all Golden State attorneys. California's regulations for attorneys are the only in the nation not based on the American Bar Association's “Model Rules.”

And attorneys here continue operate under a more lax set of rules than their peers in other states. As the California Bar Journal reports:

“The snitch rule: Model Rule 8.3 requires a lawyer to report certain misconduct committed by another lawyer, as long as the lawyer does not disclose information otherwise protected under the duty of confidentiality. The current California rules have no such requirement and the rules adopted by the board of governors will continue the status quo. Attorneys will not become their brother's keeper.

”And regarding discipline:

“Competence: The Model Rule broadly states that a lawyer shall provide competent representation to a client. The current California rule has a more precise formulation that subjects a lawyer to discipline only if incompetent conduct is reckless, repeated or intentional. The key difference is possible disciplinary exposure for single acts of simple negligence. Under the Model Rule language this is possible, but under the California rule, more egregious conduct must be shown.


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Santa Clara University's endowment up 13.9%
10/06/2010
Oakland Tribune

Santa Clara University's endowment grew 13.9 percent this fiscal year, a strong performance that mirrors the 14 percent gain at Stanford University.

The school's investment portfolio was valued at $610 million on June 30, the last day of the university's fiscal year. A strong endowment is particularly important in a weak economy, because it helps support financial aid for needy families.

But it remains smaller than it was prior to the recession, when the endowment reached $700 million.

Like other universities, Santa Clara's endowment was battered by the economic downturn. It dropped 20 percent in fiscal year 2009 -- a significant, but a less severe plunge than seen at Stanford, which lost 27 percent; Harvard, down 27.3 percent; and Yale, down 24.6 percent.

All campuses are now reporting a reversal in fortunes. Stanford's endowment was valued at $13.8 billion as of Aug. 31.

Copyright © 2010 The Oakland Tribune. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

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Santa Clara University's endowment up 13.9%
10/06/2010
San Mateo County Times

Santa Clara University's endowment grew 13.9 percent this fiscal year, a strong performance that mirrors the 14 percent gain at Stanford University.

The school's investment portfolio was valued at $610 million on June 30, the last day of the university's fiscal year. A strong endowment is particularly important in a weak economy, because it helps support financial aid for needy families.

But it remains smaller than it was prior to the recession, when the endowment reached $700 million.

Like other universities, Santa Clara's endowment was battered by the economic downturn. It dropped 20 percent in fiscal year 2009 -- a significant, but a less severe plunge than seen at Stanford, which lost 27 percent; Harvard, down 27.3 percent; and Yale, down 24.6 percent.

All campuses are now reporting a reversal in fortunes. Stanford's endowment was valued at $13.8 billion as of Aug. 31.

Copyright © 2010 San Mateo County Times. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

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Santa Clara University's endowment up 13.9%
10/06/2010
Tri-Valley Herald

Santa Clara University's endowment grew 13.9 percent this fiscal year, a strong performance that mirrors the 14 percent gain at Stanford University.

The school's investment portfolio was valued at $610 million on June 30, the last day of the university's fiscal year. A strong endowment is particularly important in a weak economy, because it helps support financial aid for needy families.

But it remains smaller than it was prior to the recession, when the endowment reached $700 million.

Like other universities, Santa Clara's endowment was battered by the economic downturn. It dropped 20 percent in fiscal year 2009 -- a significant, but a less severe plunge than seen at Stanford, which lost 27 percent; Harvard, down 27.3 percent; and Yale, down 24.6 percent.

All campuses are now reporting a reversal in fortunes. Stanford's endowment was valued at $13.8 billion as of Aug. 31.

Copyright © 2010 Tri-Valley Herald. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

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A Companion to Gender History | View Clip
10/05/2010
ARN - Online

A Companion to Gender History surveys the history of women around the world, studies their interaction with men in gendered societies, and looks at the role of gender in shaping human behavior over thousands of years.

An extensive survey of the history of women around the world, their interaction with men, and the role of gender in shaping human behavior over thousands of years.

Discusses family history, the history of the body and sexuality, and cultural history alongside women's history and gender history.

Considers the importance of class, region, ethnicity, race and religion to the formation of gendered societies.

Contains both thematic essays and chronological-geographic essays.

Gives due weight to pre-history and the pre-modern era as well as to the modern era.

Written by scholars from across the English-speaking world and scholars for whom English is not their first language.

Teresa A. Meade is Professor of History and Director of the Center for Women's Studies at Union College, New York. She is the author of “Civilizing” Rio: Reform and Resistance in a Brazilian City (1997), A Brief History of Brazil (2003), and is working on a project on marriage on the Alta California frontier, 1769–1860.

Merry E. Wiesner-Hanks is Professor of History at the University of Wisconsin-Milwaukee. Her recent books include Gender in History (Blackwell, 2001), Women and Gender in Early Modern Europe (1993), Discovering the Global Past: A Look at the Evidence (1997), and Christianity and Sexuality in the Early Modern World (1999).

Table of Contents

List of Plates.

Contributors.

Introduction: Teresa A. Meade and Merry E. Wiesner-Hanks (Union College; University of Wisconsin-Milwaukee).

Part I. Thematic Essays on Gender Issues in World History:

1. Sexuality: Robert A. Nye (Oregon State University).

2. Gender and Labor in World History: Laura Levine Frader (Northeastern University).

3. Structures and Meanings in a Gendered Family History: Merry E. Wiesner-Hanks (University of Wisconsin-Milwaukee).

4. Religion and Gender: Embedded Patterns, Interwoven Frameworks: Ursula King (University of Bristol).

5. Gender Rules: Law and Politics: Susan Kinsley Kent (University of Colorado, Boulder).

6. Race, Gender, and other Differences in Feminist Theory: Deirdre Keenan (Carroll College).

7. Gender and Education Before and After Mass Schooling: Pavla Miller (RMIT in Melbourne).

8. How Images Got Their Gender: Masculinity and Femininity in the Visual Arts: Mary D. Sheriff (The University of North Carolina at Chapel Hill).

9. Revolution, Nationalism, and Anti-Imperialism: Temma Kaplan (Rutgers University).

10. Feminist Movements: Gender and Sexual Equality: Barbara Winslow (Brooklyn College of the City University of New York).

Part II: Chronological and Geographical Essays:.

Prehistory.

11. Gender in the Formation of the Earliest Human Societies: Marcia-Anne Dobres (University of California, Berkeley).

Classical and Post-Classical Societies (2000 BCE–1400 CE).

12. Women in the Middle East, 8000 BCE to 1700 CE: Guity Nashat (University of Illinois at Chicago).

13. Gendered Themes in Early African History: David Schoenbrun (Northwestern University).

14. Confucian Complexities: China, Japan, Korea, and Vietnam: Vivian-Lee Nyitray (University of California, Riverside).

15. Early Western Civilization Under the Sign of Gender: Europe and the Mediterranean, 40000 BCE to 1400 CE: Paul Halsall (University of North Florida).

16. Gender in the Ancient Americas: From Earliest Villages to European Colonization: Rosemary A. Joyce (University of California, Berkeley).

Gender and the Development of Modern Society (1400–1750).

17. Gender History, Southeast Asia, and the “World Regions Framework”: Barbara Watson Andaya (University of Hawai'i).

18. Did Gender have a Renaissance? Exclusions and Traditions in Early Modern Western Europe: Julie Hardwick (University of Texas at Austin).

19. Self, Society, and Gender in Early Modern Russia and Eastern Europe: Nancy Shields Kollman (Stanford University).

20. A New World Engendered: The Making of the Iberian Transatlantic Empires: Verena Stolcke (Universidad Autónoma de Barcelona).

Gender and the Modern World (1750–1920).

21. Rescued from Obscurity: Contributions and Challenges in Writing the History of Gender in the Middle East and North Africa: Judith Tucker (Georgetown University).

22. Gender, Women, and the Power in Africa, 1750–1914: Marcia Wright (Columbia University).

23. Clash of Cultures: Gender and Colonialism in South and Southeast Asia: Nupur Chaudhuri (Texas Southern University).

24. From Private to Public Patriarchy: Women, Labor, and the State of East Asia, 1600–1919: Anne Walthall (University of California, Irvine).

25. Gender in the Formation of European Power, 1750–1914: Deborah Valenze (Barnard College, Columbia University).

26. Latin America and the Caribbean: Sonya Lipsett-Rivera (Carleton University).

27. North America from North of the 49th Parallel: Linda Kealey (University of New Brunswick).

Gender in the Contemporary World (1920–2003).

28. Frameworks of Gender: Feminism and Nationalism in Twentieth-Century Asia: Barbara Molony (Santa Clara University).

29. Women and Gender Roles in Africa Since 1918: Sean Redding (Amherst College).

30. Continuities Amid Change: Gender Ideas and Arrangements in Twentieth-Century Russia and Eastern Europe: Barbara Evans Clements (The University of Akron).

31. Reform and Revolution in Twentieth-Century Latin America and the Caribbean: Susan K. Besse (City College of New York and the Graduate Center, CUNY).

32. Equality and Difference in the Twentieth-Century West: North America, Western Europe, Australia, and New Zealand: Charles Sowerwine with Patricia Grimshaw (University of Melbourne; University of Melbourne).

Bibliography.

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Another Study Shows Widespread Prosecutorial Misconduct, Little Sanction | View Clip
10/05/2010
Reason

In my last column, I wrote about a USA Today study finding more than 200 examples of misconduct among prosecutors in the federal criminal justice system, of which only one faced any serious sanction. (The paper ran a follow-up last week which found that even when the suspect is eventually cleared of all charges in these cases, he still faces massive legal bills, often goes bankrupt, and is rarely reimbursed for his expenses.)

A new study of state prosecutors in California out this week comes to similar conclusions. The Northern California Innocence Project reviewed 4,000 cases between 1997 and 2009 and found prosecutorial misconduct in 707 of them (though they caution that this may underestimate the problem). In only six of those cases were prosecutors sanctioned by the California Bar. I wrote about one of those cases. The prosecutor's boss, Santa Clara County District Attorney Delores Carr, responded by attempting to strip the state bar's ability to discipline prosecutors.

This latest study again confirms what we've seen in similar reviews: prosecutors are almost never sanctioned for misconduct, even egregious violations that lead to wrongful convictions.

Both studies are worth keeping in mind in the coming months as the Supreme Court again considers the degree to which prosecutors should be shielded from civil liability.

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California Pot Legalization Wouldn't Trump Federal Law | View Clip
10/05/2010
Wall Street Journal

...officials: Legalization in California might make marijuana more available throughout the country, potentially undermining state laws elsewhere. That would put federal authorities "in an incredibly tough spot," said Gerald Uelmen, a professor of criminal law at Santa Clara University. Write to Ashby Jones at ashby.jones@wsj.co...

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From Occupation to Inhabitation | View Clip
10/05/2010
Chronicle of Higher Education, The

What does it mean to “occupy” a school? A school occupation is not, as the corporate media like to portray it, a hostile takeover. A school occupation is an action by those who are already its inhabitants–students, faculty, and staff–and those for whom the school exists. (Which is to say for a public institution, the public itself. ) The actions termed “occupations” of a public institution, then, are really re-occupations, a renovation and reopening to the public of a space long captured and stolen by the private interests of wealth and privilege. The goal of this renovation and reopening is to inhabit school spaces as fully as possible, to make them truly habitable–to make the school a place fit for living.

Lessons From Schoolteachers: Permanent Occupation
It is hard to overstate the radicalism of this spreading front of action. Teachers, supported by their unions, in partnership with students and parents, are taking back the schools–literally hijacking mechanisms designed by politicians to hand schools to religious, ideological, and capitalist control. Their intention is clear: permanent occupation of the schools, a full, rich inhabitation.

In the United States, it is all too common for those of us who inhabit the university to lord it over the schoolteachers. Often we play a role in training and certifying them; we sometimes produce some of the knowledge they share, write the textbooks they use, or review their curricula. We sometimes come from wealthier, worldlier families. Those of us with terminal degrees and tenure like to think we have enjoyed greater cultural capital or more cosmopolitan experience; we tend to have stronger loyalties to our profession than to any one community or campus. In our own minds, at least, we are the avant-garde of knowledge production, the officer class: schoolteachers are in the trenches, education's infantry, the grunts.

It's not clear that our looking down on them does any harm to the schoolteachers–but it sure hurts us. Our sense of superiority keeps us from understanding basic things–that we work for a living, that we have to struggle with management to preserve the working conditions of a future faculty, that you can't convert status capital into hot meals, hospital beds, or a pension.

Long before there was a movement to unionize college faculty, U.S. schoolteachers joined with sanitation workers and other public employees to democratize their workplaces.

They struggled against some of the most hostile law in any industrialized nation in a series of imaginative direct actions. They rewrote the constitutions of “professional associations” that had kept them docile for decades, turning them into vehicles of unionism. They battled in the streets for the right to self-organize, boldly compelling the rewriting of unjust law after the fact of their illegal self-organization. Martin Luther King was murdered while supporting a wildcat strike of sanitation workers, demanding recognition of their illegal union.

Only after long years of bold action by schoolteachers, including the defiance of unjust law–not to mention similar defiance by the undergraduates educated by these militants–did anything resembling militant self-organization erupt among college faculty. And when that movement hit a few bumps in the road, it retreated; in many places it collapsed. Even the strongest organizations of college faculty today have already sold out future generations in bargaining multiple tiers of employment into existence.

Is it possible that the schoolteachers once again have something to teach the university?
I think so.

During 09-10 we saw a remarkable series of campus occupations in Europe and the Americas, with especially sustained, militant and broadly inclusive efforts in Austria, Italy, and Germany–not to mention the month-long, eight-city, 20-campus events in Croatia.

There were at least a hundred occupations or related protests that year in the United States, where they are extremely unusual. Some of the earliest uprisings took place the preceding spring in New York, led by students attuned to international student militance.

By far the most extensive, militant and successful occupation on U.S. territory was that at the University of Puerto Rico, which shut down the most important university in the Caribbean, involved tens of thousands of students for nearly three months, and won the support of the full faculty of the 11-campus system as well as numerous trade unions, major artists and political figures.

The most influential U.S. protests, however, were those in California, which spread, as they say, virally, from an outbreak at U.C. Santa Cruz. It began with a small but diverse cadre of militants, many of them graduate students, but including tenured faculty, undergraduates, and unionized staff. Their manifestos and slogans were truly a shot heard round the world. Before the year was out, masses of students were joined in rallies and marches by the unions of schoolteachers and staff, as well as some faculty. Before it was over, California students' ambitions for direct action had escalated to the blockade of a major highway.

It is already clear that the occupations and related events will continue through 2010-2011. As I write this, the school year has just begun in parts of the U.S., and the University of New Orleans has already seen one occupation (swiftly suppressed by riot police). A major international planning committee is bringing together large-scale events for early October, and there will certainly be at least one other such coalition effort in the spring.

The question all of these occupations raise for me is this: how to move from “occupation” as inspirational event or even regular protest practice to inhabitation? Is there a path to permanent occupation of the campus? Is victory to be measured in terms of a restoration of funding and/or the addition of student representation to bodies of administration?

I have already written in response to this question, suggesting that a permanent occupation of higher education would involve the militant inhabitation of all the organizations that comprise “the profession” of higher education, and those that intersect with it, such as metropolitan government:

A relatively small number of graduate students could begin a peaceful “occupation” of all the institutions of the profession—especially if they coordinated with students, staff, contingent faculty, and fellow travelers in the tenure stream. What would happen if the submerged 80 percent of the profession—graduate student employees and contingent faculty—occupied the governing positions of the AAUP and of disciplinary organizations like the American Historical Association, the American Philosophical Association, and the American Psychological Association? What if they similarly occupied the governments of college towns—Ithaca, Bloomington, and Ann Arbor? What issues would they engage? Where would they direct the funds? How would they employ staff time? What improprieties would they commit in public? I, for one, would like to know.

The schoolteachers are showing us the way toward direct democratic control of education. If we can see, here in the U.S.–at the vain, dull epicenter of global inequality–bands of schoolteachers and parents in the most impoverished neighborhoods seizing control of their institutions and banishing the dead hand of administration: how can we not imagine the same for our universities? We can administer ourselves directly and democratically. And we must–if we are to make our colleges truly inhabitable.

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Local students are Youth Citizens of the Year | View Clip
10/05/2010
San Jose Mercury News - Online

Five local students who are actively involved in community and school affairs have been named the 2010 Los Gatos Youth Citizens of the Year. The awards were given out at a Sept. 25 ceremony by the Los Gatos Youth Park board of directors.

Shea O'Gorman, an eighth-grader at Fisher Middle School, has logged 164 hours of community service. Shea has donated her time to a wide variety of organizations, including the San Jose Family Shelter, Second Harvest Food Bank, Calvary Church and Good Samaritan Hospital. Shea also spends her winter break in Mexico working with a program called Club Dust.

According to Fisher principal Lisa Fraser, "Community service is a core value for Shea and her parents. I cannot think of a more deserving student."

A freshman at Notre Dame High School, Jordan Woods was also lauded for her work in the community and at school. Jordan is a volunteer with the National Charity League and has worked with the American Red Cross, Book Go Round, Emergency Housing Consortium, Nike Animal Rescue Foundation, Our Lady of Fatima, RAFT, Sacred Heart Community Service, San Jose Garden, Save a Bunny and Special Olympics.

Jordan was also very involved at St. Mary's School in Los Gatos, where she served as the student council secretary. St. Mary's vice principal Karen Larson said, "She is one student that anyone can ask for help and has a sweet personality, dedicated to succeeding academically, always there for

others."

A Los Gatos High School sophomore who is a Scholar of Distinction also was named a Youth Park Citizen of the Year. Meredith Benson recently earned the Girl Scouts Silver Award for her work in planning a week-long Scout skills and crafts camp for more than 100 campers.

In addition, Meredith spearheaded a food collection drive benefiting West Valley Community Services' food pantry and volunteered with special needs children in Cupertino. Meredith was a marching band assistant when she attended Fisher Middle School.

Scoutmaster Pam Maker described Meredith as an exceptional student. "She is also very easygoing and well liked," Maker said. "She participates fully in school activities and makes time to serve in the community and does it all with a smile."

Nicky Robinson, a senior at Los Gatos High School, has served as a Los Gatos youth commissioner for the past four years and has led the efforts to develop the town's Youth Friendly Business Program. At school, Nicky has participated in the Students to Students peer group, Freshman Skills Day and the Junior Statesman of America programs.

Nicky was nominated by Los Gatos-Monte Sereno Police Chief Scott Seaman. "Nicky is a calm, collaborative, patient member of the [youth] commission," Seaman said. "He has a fun personality and is a pleasure to work with. He is both responsive and responsible."

Los Gatos High School graduate Erik Eastland, who is now a freshman at Santa Clara University, was very involved in the community while attending Los Gatos High. His nominator, former LGHS assistant principal Elizabeth Laborde, said, "Erik's service for humanity is what separates him from his peers, as he has traveled from Mexico to Oregon, generously giving his time, energy and love to others." Eastland has participated in Urban Immersion, Volunteers in Mission and works with middle school youths at Los Gatos United Methodist Church.

Laborde described Eastland as "a very thoughtful, kind, faithful, compassionate person who epitomizes the best of his generation. He has a greatness of spirit that is unstoppable."

On Oct. 4, the youths were honored at the Los Gatos Town Council meeting, where they led audience members in the Pledge of Allegiance.

They will be honored once again at the Christmas Tree Lighting ceremony that's scheduled for Dec. 3 at Los Gatos Town Plaza Park and they'll also be front and center when the whistle is blown that starts the 54th annual Children's Christmas and Holidays Parade on Dec. 4.

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Local students are Youth Citizens of the Year | View Clip
10/05/2010
San Jose Mercury News - Online

Five local students who are actively involved in community and school affairs have been named the 2010 Los Gatos Youth Citizens of the Year. The awards were given out at a Sept. 25 ceremony by the Los Gatos Youth Park board of directors.

Shea O'Gorman, an eighth-grader at Fisher Middle School, has logged 164 hours of community service. Shea has donated her time to a wide variety of organizations, including the San Jose Family Shelter, Second Harvest Food Bank, Calvary Church and Good Samaritan Hospital. Shea also spends her winter break in Mexico working with a program called Club Dust.

According to Fisher principal Lisa Fraser, "Community service is a core value for Shea and her parents. I cannot think of a more deserving student."

A freshman at Notre Dame High School, Jordan Woods was also lauded for her work in the community and at school. Jordan is a volunteer with the National Charity League and has worked with the American Red Cross, Book Go Round, Emergency Housing Consortium, Nike Animal Rescue Foundation, Our Lady of Fatima, RAFT, Sacred Heart Community Service, San Jose Garden, Save a Bunny and Special Olympics.

Jordan was also very involved at St. Mary's School in Los Gatos, where she served as the student council secretary. St. Mary's vice principal Karen Larson said, "She is one student that anyone can ask for help and has a sweet personality, dedicated to succeeding academically, always there for

others."

A Los Gatos High School sophomore who is a Scholar of Distinction also was named a Youth Park Citizen of the Year. Meredith Benson recently earned the Girl Scouts Silver Award for her work in planning a week-long Scout skills and crafts camp for more than 100 campers.

In addition, Meredith spearheaded a food collection drive benefiting West Valley Community Services' food pantry and volunteered with special needs children in Cupertino. Meredith was a marching band assistant when she attended Fisher Middle School.

Scoutmaster Pam Maker described Meredith as an exceptional student. "She is also very easygoing and well liked," Maker said. "She participates fully in school activities and makes time to serve in the community and does it all with a smile."

Nicky Robinson, a senior at Los Gatos High School, has served as a Los Gatos youth commissioner for the past four years and has led the efforts to develop the town's Youth Friendly Business Program. At school, Nicky has participated in the Students to Students peer group, Freshman Skills Day and the Junior Statesman of America programs.

Nicky was nominated by Los Gatos-Monte Sereno Police Chief Scott Seaman. "Nicky is a calm, collaborative, patient member of the [youth] commission," Seaman said. "He has a fun personality and is a pleasure to work with. He is both responsive and responsible."

Los Gatos High School graduate Erik Eastland, who is now a freshman at Santa Clara University, was very involved in the community while attending Los Gatos High. His nominator, former LGHS assistant principal Elizabeth Laborde, said, "Erik's service for humanity is what separates him from his peers, as he has traveled from Mexico to Oregon, generously giving his time, energy and love to others." Eastland has participated in Urban Immersion, Volunteers in Mission and works with middle school youths at Los Gatos United Methodist Church.

Laborde described Eastland as "a very thoughtful, kind, faithful, compassionate person who epitomizes the best of his generation. He has a greatness of spirit that is unstoppable."

On Oct. 4, the youths were honored at the Los Gatos Town Council meeting, where they led audience members in the Pledge of Allegiance.

They will be honored once again at the Christmas Tree Lighting ceremony that's scheduled for Dec. 3 at Los Gatos Town Plaza Park and they'll also be front and center when the whistle is blown that starts the 54th annual Children's Christmas and Holidays Parade on Dec. 4.

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'Obamacare' Aficionados Rejoice: ACA Litigation Blog Is Up and Running | View Clip
10/05/2010
Law.com

Thanks to the Volokh Conspiracy, I found out this morning about the ACA Litigation Blog, a one-stop repository for all the court filings in both cases challenging the new health care law. The site is run by Professor Brad Joondeph of Santa Clara University Law School, and is well-organized, clean and simple. Joondeph doesn't just link to the documents, but provides commentary on some of the filings, and breaks down the relevant issues. See, for example, his piece on the standing issue that will likely be addressed in the court's ruling on the government's motion to dismiss the Florida lawsuit. If you're interested in following the health care litigation from an attorney/law professor's point of view, go check it out.

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Off With Our Heads! Schools Without Administrators | View Clip
10/05/2010
Chronicle of Higher Education, The

A funny thing is happening in the United States. Across the country, headless schools are opening. One opens this fall in Detroit: The teachers' terms of employment are still governed by their union's contract with Detroit Public Schools, but they will administer themselves on a democratic, cooperative basis. In just the past couple of years, schools run by teacher cooperatives have opened in Madison, Denver, Chicago, Boston, and New York. Milwaukee has 13 teacher-run schools.

These aren't universities. They are elementary schools, kindergartens, high schools of the arts and humanities, high schools for budding scientists and programmers, high schools for social justice. Sometimes four or five co-operatively run and publicly-funded schools share the same building and grounds. Few of them operate in wealthy neighborhoods. Nearly all of them serve students who are struggling because English isn't their first language, or because their homes and neighborhoods are scarred by poverty, neglect, substance abuse, and crime. They are generally successful by any measure, even the fatuous assessments of standardized testing. They are broadly popular with students, teachers, and parents.

Over the next few years, dozens–perhaps hundreds–of similar schools will open in Los Angeles: teachers will have control over curriculum, work rules, and every facet of academic policy. In every school, councils of students, teachers, and parents provide active, intellectual leadership. Every school has a student-, community- and teacher-centered system of governance imagined from the ground up by faculty and citizen co-proposers. They will all have at least one principal administrator, so they have not amputated the head, only shrunken it. Nonetheless it is clear that community leaders, students, and teachers will hire, evaluate, and severely circumscribe the authority of their (usually) solitary administrator in a self-conscious, explicitly distributed system of leadership.

The remarkable Los Angeles situation is a startling victory for grass-roots democracy in education. Less surprising is the fact that you haven't heard about it. This victory has been ignored and misrepresented by the U.S. corporate media, many of whom also operate as for-profit education vendors. Leading national figures in both political parties, including the current Democratic administration, actively support the sectarian and profit-driven private management of public schooling.

One way to understand what's happening in L.A. is as a crisis in teacher unionism, a subset of the near-collapse of unionism in the country after decades of hostile law created by politicians slavishly pursuing corporate interests. The immediate trigger for bold action by United Teachers of Los Angeles (UTLA) was the determination by Los Angeles United School District (LAUSD) that as many as 300 “poorly performing” schools would be opened to bid by charter or for-profit management over the next few years, with a first round of community “advisory votes” on bids scheduled for February 2010.

The district was already the site of more privately managed public schools than any other in the country; 300 more would essentially have broken the union.

Desperate for a new strategy and inspired by the usually union-supported headless schools springing up elsewhere, this time the behemoth UTLA declined to square off against giant LAUSD in the traditional all-or-nothing pitched battle.

Instead UTLA chose to throw its resources behind a series of grassroots actions, negotiating the right for teachers to submit their own bids. It sent money and personnel in active, energetic support of groups of teachers, parents and students, helping them to generate highly individual school visions.
Within weeks, in neighborhoods across the city, teachers and parents met to hammer out proposals–at least one for every school put out for bid, 36 in the first round.

The results of the February 2010 “advisory votes” conducted by the League of Women Voters were stunning. In every school up for bid, the grassroots and teacher-led proposal won decisively, averaging 87 percent over all alternatives, including rich politician- and media-backed national education-management chains already established in the city such as Magnolia, Aspire, and Green Dot.

“Advisory” or not, the parents' vote was so overwhelming that it produced tangible political fear of electoral backlash, leaving the schools supervisor and district board little choice but to award the majority of the bids to proposals featuring workplace and community democracy. Of the 36 schools up for grabs, four were awarded to the Los Angeles mayor's nonprofit management corporation, three to private charters and management corporations; 29 went to teacher-parent proposals.

If the grass roots win the same percentage of all those offered to bid in the district over the next few years, 240 democratically-operated schools will open. There would be 60 operated by politically connected nonprofits or profit-seeking corporations, though all of them would do so against the wishes of local parents.

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Prosecuting offices' immunity tested | View Clip
10/05/2010
USA Today

WASHINGTON — Americans can sue almost anyone for almost anything. But they can't sue prosecutors.
Not when prosecutors hide evidence that could prove someone's innocence. Not when they violate basic rules designed to make sure trials are fair. Not even when those abuses put innocent people in prison.

Nearly 35 years ago, the U.S. Supreme Court ruled that prosecutors cannot face civil lawsuits over how they handle criminal cases in court, no matter how serious or obvious the abuses. Since then, courts have further limited the circumstances under which prosecutors — or their bosses — can be sued for civil rights violations.

Today, in a case involving a New Orleans man who came within a month of being executed for a murder he didn't commit, the Supreme Court is scheduled to consider another aspect of prosecutorial immunity: whether people who were wrongly convicted can take local prosecutors' offices to court. The court's answer could determine the extent to which prosecutors' employers are also shielded if they fail to make sure attorneys comply with their constitutional responsibilities.

"Prosecutorial misconduct is a serious problem, and nothing is being done to adequately address it," said Kathleen Ridolfi, director of the Northern California Innocence Project, which released a study Monday that found hundreds of instances of misconduct by state and federal attorneys. "Prosecutors know. .. they can commit misconduct with impunity."

IMMUNITY: Cases in which prosecutors were immune from civil suits
EXPLORE CASES: Investigate the misconduct cases we ID'd
JUSTICE IN BALANCE: Prosecutors' conduct can tip the scales
FULL COVERAGE: Federal prosecutors series

A USA TODAY investigation documented 201 cases since 1997 in which judges determined that federal prosecutors had violated laws or ethics rules. Although those cases represent a small fraction of the tens of thousands that are filed in the nation's federal courts every year, judges found that the violations were so serious that they overturned convictions or rebuked the prosecutors for misconduct. Some of the abuses put innocent people in jail.

Not one resulted in a successful lawsuit against a prosecutor.

The latest test of the extent of prosecutors' immunity began with a December 1984 murder and a separate carjacking three weeks later in New Orleans. John Thompson was convicted of both crimes and sentenced to die for the murder. A month before his execution date, his lawyers discovered that prosecutors had deliberately covered up a police lab report that showed he could not have committed the carjacking. Then they uncovered still more evidence that undermined his murder conviction.

Thompson was freed in 2003. He sued New Orleans District Attorney Harry Connick Sr. and his office for failing to train the prosecutors who covered up that evidence. Four years after Thompson got out of prison, a jury awarded him $14 million; now the Supreme Court must decide whether he can keep it.

"The importance of (Thompson's) case is prosecutorial accountability — whether or not violations of constitutional rights make a difference, or whether the prosecutors can just walk away without any accountability, any liability, any punishment, for breaking the law," said Pace University law professor Bennett Gershman, an expert on misconduct by prosecutors.

In 1976, the Supreme Court decided, in a case called Imbler v. Pachtman, that prosecutors have absolute immunity from civil rights lawsuits for their work in the courtroom. The court acknowledged that its ruling "does leave the genuinely wronged defendant without civil redress against a prosecutor whose malicious or dishonest action deprives him of liberty," but said the alternative was worse: leaving prosecutors to fear a lawsuit, or even bankruptcy, every time they lose a trial.

Without immunity, prosecutors "would be gun-shy" about taking on difficult cases, former U.S. attorney general John Ashcroft said.

The Supreme Court has said that, instead of being sued, prosecutors who break the rules could be kicked out of the legal profession or even charged with a crime. Those outcomes are rare. Although USA TODAY's investigation documented misconduct in 201 cases, it did not find a single federal prosecutor who was disbarred. Only one, Richard Convertino, was prosecuted. He was acquitted.

"Short of pointing a gun at a prisoner and pulling the trigger, the prosecutor can get away with just about anything," said Patrick Regan, an attorney for two Washington, D.C., men who spent decades in prison before a court overturned their convictions because prosecutors never turned over evidence that pointed to other suspects. The men sued, but a court ruled the prosecutors had immunity and threw out their case.

John Thompson was a 22-year-old high school dropout and self-described "small-time weed dealer" when he was arrested in 1985 for the slaying of a New Orleans businessman. Days later, prosecutors also charged that he was responsible for an armed carjacking of three teenagers outside the Superdome.

Thompson went on trial twice. Prosecutors tried Thompson for the carjacking first, and a jury convicted him. That set the stage for his murder trial several weeks later: Thompson decided not to testify because doing so would have opened the door for prosecutors to tell the jury that he had just been convicted of thecarjacking. The jury found him guilty. When it was time to decide his punishment, jurors did hear about the carjacking, his first felony conviction, which enabled prosecutors to seek the death penalty. Jurors sentenced him to death.

Authorities scheduled Thompson's execution for the day before his son was to graduate from high school in 1999. Two Philadelphia corporate attorneys, Michael Banks and Gordon Cooney, had by then had taken on his case.

A month before his execution, an investigator working for them found a copy of a police lab report that upended the case. The report, based on blood found on the clothing of one of the carjacking victims, showed conclusively that Thompson had not committed that crime; the sample was blood type B, and Thompson's blood was type O.

That was enough for a court to throw out Thompson's carjacking conviction, and to overturn his death sentence. And it led to a series of discoveries — including inconsistent witness statements — that ultimately undermined Thompson's murder conviction as well. The district attorney's office in New Orleans had all that evidence when Thompson went on trial, but never disclosed it to his lawyers, as the law requires.

"It was a crazy, crazy feeling that you could be killed for something you didn't do," Thompson said last week.

He was retried in the murder case and acquitted. In 2003 — after 18 years in prison, 14 of them on death row — Thompson walked out of Louisiana's Angola penitentiary a free man.

Conduct 'grossly illegal'

Almost no one defends the way New Orleans prosecutors handled his case. Graymond Martin, now second in command of the district attorney's office, said the prosecutor who hid the lab report, Gerald Deegan, "violated every moral, ethical and legal obligation that he had," and said the violation was "grossly illegal." Deegan, who died before the defense attorneys learned of the lab report, had admitted to another lawyer what he'd done.

Kyle Duncan, the chief of appeals for Louisiana's attorney general, said it's "unquestionable that the prosecutors on his case did do wrong."

It's also unquestionable that Thompson can never sue the individual prosecutors for what they did during his trial. Two prosecutors who worked on his case still practice law but are immune from lawsuits.

Instead, Thompson sued the district attorney's office itself. His lawyers alleged that the office — which was run at the time of his trial by Connick, father of singer Harry Connick Jr. — didn't train its attorneys about their legal obligation to turn over evidence that could help defendants prove their innocence. As a result, Thompson's lawyers argued, prosecutors didn't know what evidence they had to share, and, in Thompson's case, kept it secret. A federal jury agreed.

That's when the real battle began. Prosecutors in Louisiana insist that unless the Supreme Court throws out the jury's verdict, prosecutors' offices will have to worry about civil lawsuits every time one of their attorneys makes a mistake, a prospect that could leave them reluctant to bring tough cases.

In a series of rulings, the Supreme Court has said that prosecutors — unlike police officers and most other government employees — can face civil rights lawsuits only under narrow circumstances. They can be sued when misconduct happens during an investigation but not in court proceedings. And the justices have suggested that prosecutors' offices — like other local governmentagencies — can be liable for not training their employees.

"We can't sue the prosecutor, but we can sue the FBI agent. That's absurd," said Ben Gonek, an attorney for Kamil Koubriti, one of the men Convertino prosecuted in the nation's first major terrorism case after September 11. The Justice Department dismissed the terrorism charges when it concluded that Convertino had concealed evidence. Nonetheless, courts ruled that Koubriti could not sue Convertino; the Supreme Court on Monday declined to hear the case.

The Supreme Court is scheduled to hear arguments in Thompson's case this morning; a decision is expected before the court adjourns next June.

After he was freed, Thompson opened a non-profit group in New Orleans to help others who were wrongly convicted readjust to society. Some of the men who have come through his door spent decades in prison. He helps them find housing and work.

In 2005, Louisiana set aside a pool of money for people who were wrongly convicted. The payments are capped at $150,000. Thompson's attorney Banks said Louisiana officials fought Thompson's claim for four years before finally sending him a check in September.

Questions of training

For years, some judges have faulted the Justice Department for doing too little to train and supervise its prosecutors. Last year, for example, the chief federal judge in Massachusetts became so frustrated with continuing violations of defendants' rights that he set up a training program for prosecutors and defense attorneys there.

The move by U.S. District Judge Mark Wolf came after prosecutors failed to turn over evidence that defense lawyers could have used to challenge a police officer's testimony in a routine gun possession case. Wolf berated officials from the U.S. attorney's office in Boston for "a dismal history of violations" that have a "powerful impact on individuals entitled to due process and a cancerous effect on the administration of justice."

The Justice Department has recently overhauled its own training program, in response to the collapse of its corruption case against former Alaska senator Ted Stevens; prosecutors had wrongly concealed evidence about the government's star witness. As a result, every federal prosecutor must now get regular training about his or her duty to turn over evidence to defendants.

The Justice Department has not taken a position on Thompson's case. The federal government cannot be sued for failing to train its employees the way local governments can be.

Still, a group of former Justice Department officials has urged the Supreme Court to uphold the jury's $14 million verdict. In a brief by former solicitor general Paul Clement, they noted that "prosecutors face no threat of legal consequences for depriving criminal defendants of their rights" in cases where they have concealed evidence. Unless their offices face some form of liability, Clement said, "the question really does become whether there's any deterrent for a violation."

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Absolute immunity shields prosecutors from lawsuits

A sampling of cases in which federal courts ruled that prosecutors were immune from civil suits though they had violated the rights of defendants or committed other transgressions:

Case: U.S. v. Wilson

Former CIA officer Edwin P. Wilson spent 20 years in prison for smuggling tons of plastic explosives to Libya. At his 1983 trial, Wilson said he was still working for the CIA when the shipments were made. The government said that the CIA had no contacts with him at the time. Wilson sought to vacate his conviction after his lawyers learned that CIA officials and the prosecutors had misled the court and that, in fact, there were more than 80 contacts between Wilson and the CIA.
Outcome: In 2003, a federal judge threw out Wilson's conviction and blasted both the CIA and the Justice Department, writing that "in the course of American justice, one would have to work hard to conceive of a more fundamentally unfair process. .. than the fabrication of false data by the government, under oath by a government official, presented knowingly by the prosecutor in the courtroom with express approval of his superiors in Washington." Wilson was released from prison in 2004 and now, at 82, rents a room from his brother in Seattle. "Even McDonald's wouldn't hire me," he said. He tried to sue the government, but the suit was dismissed because of the prosecutors' immunity. "I lost my family, lost my property. But more important, I lost my good name," Wilson said.
Case: U.S. v. Eastridge

Defendants Joseph Wayne Eastridge and Joseph Sousa, both members of a white motorcycle gang, were convicted in the 1974 slaying of a black man outside a Washington, D.C., bar. Eastridge served 29 years in prison, Sousa 20 years. In 2005, a U.S. District Court threw out their convictions, in part because prosecutors had failed to turn over evidence that could have implicated other men in the crime.
Outcome: The federal court ultimately exonerated both Eastridge and Sousa, saying: "Based on the full record, no reasonable juror would now find petitioners guilty beyond a reasonable doubt. The court finds that this is the rare case in which petitioners can prove their 'actual innocence' of the crime as well as violations of their constitutional rights." They sued the prosecutors, but a court threw out their lawsuit because of the prosecutors' absolute immunity. The only legal avenue left open is a pending U.S. Court of Federal Claims lawsuit against the government. Filed in January, the lawsuit seeks payment under a statute enacted by Congress 10 years ago to compensate those who were wrongly imprisoned. The law pays up to $50,000 per year of imprisonment. The case is scheduled for trial in January 2011.

--------------------------------------------------------------------------------
Case: U.S. v. Sterba

James Sterba, a bus driver, was charged with soliciting a minor online for a sexual encounter. A U.S. District Court in Florida dismissed the charges against him because prosecutor Karen Schmid Cox allowed a government informant to lie about her identity in court, concealng her criminal history. Defense attorneys discovered that the informant, who had pretended to be a 13-year-old girl online, had been convicted earlier of filing a false police report and making false statements in court. The trial judge said the informant had "severe credibility problems" and that Cox "wanted the defense to know none of this."
Outcome: Sterba attempted to sue Cox and others for violating his rights, but the district court dismissed the case against her, finding she was protected by absolute immunity. The U.S. Court of Appeals for the 11th Circuit upheld the lower court. In 2001, the Florida Supreme Court ordered that Cox's law license be suspended for a year because of misconduct. Cox now works for a law firm in Florida.
Case: U.S. v. Koubriti

The Justice Department in 2004 asked a U.S. District Court in Michigan to dismiss terrorism charges against Karim Koubriti and other defendants who had been convicted in the nation's first terrorism case after 9/11. The court did so, ruling that "at critical junctures and on critical issues" the prosecution failed to turn over to the defense evidence that pointed to the defendants' innocence. "The prosecution materially misled the court, the jury and the defense as to the nature, character and complexion of critical evidence."
Outcome: The chief prosecutor,Richard Convertino, was indicted in 2006 for concealing evidence and allowing witnesses to lie. A jury acquitted Convertino, who remains a member in good standing of the Michigan bar. Koubriti attempted to sue Convertino over the misconduct, but the U.S. Court of Appeals ruled in February 2010 that the prosecutor was protected by absolute immunity. On Monday, the U.S. Supreme Court declined to consider the case.

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Source: USA TODAY research

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Prosecutorial Misconduct Goes Unpunished in California, Study Finds | View Clip
10/05/2010
SF Weekly

Ethical lapses and abuses of power by prosecutors in California rarely bring consequences for the lawyers involved, according to a study published yesterday by the Northern California Innocence Project.

The study, which surveyed more than 700 cases of identified prosecutorial misconduct from 1997 to 2009, found that in only six cases were prosecutors disciplined. The state bar association, as well as judges and district attorneys' offices, are failing to hold misbehaving prosecutors to account, the report concludes.

"Essentially, there's nothing in our system that's set up to deter misconduct," Kathleen Ridolfi, one of the study's authors, said in an interview with SF Weekly.

While prosecutors often defend their conduct by pointing out that instances of misconduct are relatively low compared to the thousands of criminal cases handled by DAs' offices annually, Ridolfi noted that only 3 percent of cases proceed to trial -- meaning that misconduct in the majority of cases that do not go to trial has not been accounted for. (The 707 cases she and co-author Maurice Possley identified were those in which prosecutorial misconduct was raised as an issue in appellate courts.)

One of the more disturbing findings, Ridolfi said, is that "recidivist prosecutors" who repeatedly abuse their power go unpunished. "There is a core number of prosecutors across the state who appear to commit misconduct in many different ways," she said.

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Prosecutorial Misconduct Is Rarely Punished, Says New Study | View Clip
10/05/2010
Law.com

A report issued Monday by the Northern California Innocence Project at Santa Clara University School of Law found that of the 707 cases between 1997 and 2009 in which courts explicitly determined that prosecutors had committed misconduct, only six prosecutors -- 0.8 percent -- were disciplined by the State Bar of California. Sixty-seven prosecutors committed misconduct more than once and some as many as five times. The majority of those prosecutors were never publicly disciplined, the project said.

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Report depicts misconduct at Calif. courthouses | View Clip
10/05/2010
ABC Local - Online

SAN JOSE, CA (KGO) -- Research by the Northern California Innocence Project shows cases of courthouse misconduct.

A new report out says prosecutors are going too far to get convictions and most of the time, they get away with it. That's according to the Northern California Innocence Project which on Monday released the results of a year of research.

Rick Walker spent 12 years in prison for a murder he didn't commit. In 1991, prosecutors had entered into a secret plea deal with the co-defendant in the case who lied when he implicated Walker as the killer.

Walker was released in 2003 with an apology and a monetary settlement from the state of California and Santa Clara County.

"My son was a boy when I went in and he was a man when I got out," he said.

Walker was on hand on when the Northern California Innocence Project released a comprehensive report on prosecutorial misconduct in California.

The Innocence Project at Santa Clara University School of Law reviewed 4,000 cases of alleged misconduct from 1997 to 2009.

"What we found is 707 cases where misconduct had occurred and those are court findings, not our findings, but judicial findings," Innocence Project Director Cookie Ridolfi said.

The Innocence Project report says of those more than 700 cases, the State Bar of California only publicly disciplined six prosecutors for misconduct.

The report argues that until prosecutors are held accountable for bad behavior, withholding evidence and other misconduct will continue to take place to win convictions.

"If they know they will be held accountable, I think there is hope there will be a fair amount of people that shape up. You are always going to have bad apples, it's a human society but until we have transparency, we can't have accountability," report co-author Maurice Possley said.

The State Bar of California responded to the report by issuing a two-page statement saying in part, "It is disciplining criminal prosecutors where appropriate and where the misconduct was willful and can be established by clear and convincing evidence."

The State Bar of California adds, "The issue is serious and needs attention and on that point, Walker couldn't agree more."

"Some of my worst days I have are, is thinking about some of the guys that are in prison today and I know they are innocent. I know it," he said.

The Innocence Project says it hopes its report will shed light on the need for reform.

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Report finds many prosecutors in California have committed misconduct | View Clip
10/05/2010
Los Angeles Times - Online

(); Hundreds of prosecutors in California ? including many in Los Angeles County ? have committed misconduct with near impunity as authorities failed to either report or discipline them, according to a report released Monday.

The misconduct ranged from asking witnesses improper questions during trial to failing to turn over evidence that could help a defendant and presenting false evidence in court, according to the report, which was issued by an innocence project at the Santa Clara University School of Law.

The researchers discovered 707 cases in which state and federal courts and appellate courts found prosecutorial misconduct in opinions issued between 1997 and 2009. Of those, 67 prosecutors committed misconduct in more than one case, including three who committed misconduct four times and two who did so five times.

The authors of the report said most prosecutors follow the law and act ethically, but they criticized the State Bar for disciplining only six prosecutors during the period covered by the study. "Prosecutors aren't held accountable," said Maurice Possley, an award-winning journalist who worked on the study by the Northern California Innocence Project. "Absent that, why should they change their habits?"

The researchers called for legal reform to require that courts forward all findings of misconduct to the State Bar, which investigates allegations of attorney misconduct. Courts are not currently required to forward cases in which they decide the misconduct was harmless.

Scott Thorpe, chief executive of the California District Attorneys Assn., criticized the report for exaggerating the scale and severity of prosecutorial misconduct.

He noted that courts found that prosecutorial misconduct was serious enough to reverse a case or take some other significant action in 159 instances ? a small fraction of the more than 4,000 appeals that alleged misconduct. In the remaining cases where misconduct was found, appellate courts concluded that the prosecutor's actions did not undermine a defendant's right to a fair trial.

Thorpe said his association and district attorney's offices around the state put on regular ethics training seminars for prosecutors.

"I'm not in any way implying that prosecutors have not been guilty of misconduct," Thorpe said. But he said the report was "just not an accurate reflection."

In response to the report, State Bar officials said discipline is not always appropriate when appellate courts find misconduct. Misconduct can occur when prosecutors act unintentionally or where their errors were relatively minor, Russell Weiner, the agency's deputy chief trial counsel, said in a statement.

The agency also has the option of sending prosecutors warning letters or private reprovals for first-time offenders in cases that are not egregious, Weiner said.

But the report's authors said that district attorneys and the State Bar should be more open with the public about the actions they take ? if any ? against prosecutors who commit misconduct.

"Transparency is critical," said Cookie Ridolfi, a Santa Clara University School of Law professor and executive director of the innocence project.

She and Possley faulted appellate courts for frequently omitting the names of attorneys found to have committed prosecutorial misconduct. The innocence project researched the names of prosecutors in 600 cases and has included them with summaries of the cases on its website, The report said courts found misconduct by Orange County prosecutor Mike Flory on five occasions. In one case, an appeals court ruled that he improperly used race as a criteria for selecting jurors. In another, he was criticized for noting in his argument to the jury that the defendant was not present in court ? despite the judge telling Flory not to.

Flory said he never intended to exclude jurors based on their race and regretted his comment about the absent defendant, which occurred more than a decade ago. He noted that the appeals court found that four of the five cases involved "harmless error."

"I am an aggressive prosecutor," Flory said. "Does that mean that I purposely set out to conduct misconduct? I don't think so."

The report singled out Los Angeles County Deputy Dist. Atty. Grace Rai as "a striking example of repeat prosecutorial misconduct that has not been publicly disciplined."

In 2008, an appeals court overturned a murder conviction after finding that the prosecutor disobeyed a court order, asked improper questions and committed other misconduct. Two years earlier, an appeals court concluded that Rai probably intentionally violated a court order in another murder case but that the conduct did not prevent the defendant from receiving a fair trial.

Rai did not return calls for comment Monday.

The report found that prosecutorial misconduct has far-reaching consequences, including the conviction of the innocent, new trials for the guilty and a large cost to taxpayers who foot the bill for new trials and legal settlements.

Among the cases the report's authors highlighted as egregious was that of Mark Sodersten, whose 1986 murder conviction in Tulare County was overturned in 2007, months after he died in prison. An appellate court ruled that the prosecutor, Phil Cline, failed to give the defense audiotapes of interviews he conducted with a 5-year-old witness that could have shown her testimony was unreliable.

The appellate court found that "those whose duty it was to see justice done neglected or ignored that duty." The innocence project faulted the State Bar for not taking action against Cline.

Cline, now the district attorney of Tulare County, said the courts never found he intentionally withheld the tapes. He insisted he did provide them to the defense but was unable to prove it because he had not kept records of doing so.

"Hooking us into prosecutorial misconduct is just wrong," he said. var afterLoginLocation = ''; var defaultLocation = $('articlePromoLink').href; var wasClicked = false; if (!!window.carnival) , function() ).writeNav(); carnival.user.afterLogin( function() else if(wasClicked) );

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Report finds many prosecutors in California have committed misconduct | View Clip
10/05/2010
Los Angeles Times - Online

Hundreds of prosecutors in California — including many in Los Angeles County — have committed misconduct with near impunity as authorities failed to either report or discipline them, according to a report released Monday.

The misconduct ranged from asking witnesses improper questions during trial to failing to turn over evidence that could help a defendant and presenting false evidence in court, according to the report, which was issued by an innocence project at the Santa Clara University School of Law.

The researchers discovered 707 cases in which state and federal courts and appellate courts found prosecutorial misconduct in opinions issued between 1997 and 2009. Of those, 67 prosecutors committed misconduct in more than one case, including three who committed misconduct four times and two who did so five times.

The authors of the report said most prosecutors follow the law and act ethically, but they criticized the State Bar for disciplining only six prosecutors during the period covered by the study.

"Prosecutors aren't held accountable," said Maurice Possley, an award-winning journalist who worked on the study by the Northern California Innocence Project. "Absent that, why should they change their habits?"

The researchers called for legal reform to require that courts forward all findings of misconduct to the State Bar, which investigates allegations of attorney misconduct. Courts are not currently required to forward cases in which they decide the misconduct was harmless.

Scott Thorpe, chief executive of the California District Attorneys Assn., criticized the report for exaggerating the scale and severity of prosecutorial misconduct.

He noted that courts found that prosecutorial misconduct was serious enough to reverse a case or take some other significant action in 159 instances — a small fraction of the more than 4,000 appeals that alleged misconduct. In the remaining cases where misconduct was found, appellate courts concluded that the prosecutor's actions did not undermine a defendant's right to a fair trial.

Thorpe said his association and district attorney's offices around the state put on regular ethics training seminars for prosecutors.

"I'm not in any way implying that prosecutors have not been guilty of misconduct," Thorpe said. But he said the report was "just not an accurate reflection."

In response to the report, State Bar officials said discipline is not always appropriate when appellate courts find misconduct. Misconduct can occur when prosecutors act unintentionally or where their errors were relatively minor, Russell Weiner, the agency's deputy chief trial counsel, said in a statement.

The agency also has the option of sending prosecutors warning letters or private reprovals for first-time offenders in cases that are not egregious, Weiner said.

But the report's authors said that district attorneys and the State Bar should be more open with the public about the actions they take — if any — against prosecutors who commit misconduct.

"Transparency is critical," said Cookie Ridolfi, a Santa Clara University School of Law professor and executive director of the innocence project.

She and Possley faulted appellate courts for frequently omitting the names of attorneys found to have committed prosecutorial misconduct. The innocence project researched the names of prosecutors in 600 cases and has included them with summaries of the cases on its website, veritasinitiative.org.

The report said courts found misconduct by Orange County prosecutor Mike Flory on five occasions. In one case, an appeals court ruled that he improperly used race as a criteria for selecting jurors. In another, he was criticized for noting in his argument to the jury that the defendant was not present in court — despite the judge telling Flory not to.

Flory said he never intended to exclude jurors based on their race and regretted his comment about the absent defendant, which occurred more than a decade ago. He noted that the appeals court found that four of the five cases involved "harmless error."

"I am an aggressive prosecutor," Flory said. "Does that mean that I purposely set out to conduct misconduct? I don't think so."

The report singled out Los Angeles County Deputy Dist. Atty. Grace Rai as "a striking example of repeat prosecutorial misconduct that has not been publicly disciplined."

In 2008, an appeals court overturned a murder conviction after finding that the prosecutor disobeyed a court order, asked improper questions and committed other misconduct. Two years earlier, an appeals court concluded that Rai probably intentionally violated a court order in another murder case but that the conduct did not prevent the defendant from receiving a fair trial.

Rai did not return calls for comment Monday.

The report found that prosecutorial misconduct has far-reaching consequences, including the conviction of the innocent, new trials for the guilty and a large cost to taxpayers who foot the bill for new trials and legal settlements.

Among the cases the report's authors highlighted as egregious was that of Mark Sodersten, whose 1986 murder conviction in Tulare County was overturned in 2007, months after he died in prison. An appellate court ruled that the prosecutor, Phil Cline, failed to give the defense audiotapes of interviews he conducted with a 5-year-old witness that could have shown her testimony was unreliable.

The appellate court found that "those whose duty it was to see justice done neglected or ignored that duty." The innocence project faulted the State Bar for not taking action against Cline.

Cline, now the district attorney of Tulare County, said the courts never found he intentionally withheld the tapes. He insisted he did provide them to the defense but was unable to prove it because he had not kept records of doing so.

"Hooking us into prosecutorial misconduct is just wrong," he said.

jack.leonard@latimes.com

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Report finds many prosecutors in California have committed misconduct | View Clip
10/05/2010
Morning Call - Online

A law school study discovers 707 cases in which state, U.S. and appellate courts found misconduct in opinions between 1997 and 2009. The authors criticize the State Bar for disciplining only 6 prosecutors.

Hundreds of prosecutors in California — including many in Los Angeles County — have committed misconduct with near impunity as authorities failed to either report or discipline them, according to a report released Monday.

The misconduct ranged from asking witnesses improper questions during trial to failing to turn over evidence that could help a defendant and presenting false evidence in court, according to the report, which was issued by an innocence project at the Santa Clara University School of Law.

The researchers discovered 707 cases in which state and federal courts and appellate courts found prosecutorial misconduct in opinions issued between 1997 and 2009. Of those, 67 prosecutors committed misconduct in more than one case, including three who committed misconduct four times and two who did so five times.

The authors of the report said most prosecutors follow the law and act ethically, but they criticized the State Bar for disciplining only six prosecutors during the period covered by the study.

"Prosecutors aren't held accountable," said Maurice Possley, an award-winning journalist who worked on the study by the Northern California Innocence Project. "Absent that, why should they change their habits?"

The researchers called for legal reform to require that courts forward all findings of misconduct to the State Bar, which investigates allegations of attorney misconduct. Courts are not currently required to forward cases in which they decide the misconduct was harmless.

Scott Thorpe, chief executive of the California District Attorneys Assn., criticized the report for exaggerating the scale and severity of prosecutorial misconduct.

He noted that courts found that prosecutorial misconduct was serious enough to reverse a case or take some other significant action in 159 instances — a small fraction of the more than 4,000 appeals that alleged misconduct. In the remaining cases where misconduct was found, appellate courts concluded that the prosecutor's actions did not undermine a defendant's right to a fair trial.

Thorpe said his association and district attorney's offices around the state put on regular ethics training seminars for prosecutors.

"I'm not in any way implying that prosecutors have not been guilty of misconduct," Thorpe said. But he said the report was "just not an accurate reflection."

In response to the report, State Bar officials said discipline is not always appropriate when appellate courts find misconduct. Misconduct can occur when prosecutors act unintentionally or where their errors were relatively minor, Russell Weiner, the agency's deputy chief trial counsel, said in a statement.

The agency also has the option of sending prosecutors warning letters or private reprovals for first-time offenders in cases that are not egregious, Weiner said.

But the report's authors said that district attorneys and the State Bar should be more open with the public about the actions they take — if any — against prosecutors who commit misconduct.

"Transparency is critical," said Cookie Ridolfi, a Santa Clara University School of Law professor and executive director of the innocence project.

She and Possley faulted appellate courts for frequently omitting the names of attorneys found to have committed prosecutorial misconduct. The innocence project researched the names of prosecutors in 600 cases and has included them with summaries of the cases on its website, veritasinitiative.org.

The report said courts found misconduct by Orange County prosecutor Mike Flory on five occasions. In one case, an appeals court ruled that he improperly used race as a criteria for selecting jurors. In another, he was criticized for noting in his argument to the jury that the defendant was not present in court — despite the judge telling Flory not to.

Flory said he never intended to exclude jurors based on their race and regretted his comment about the absent defendant, which occurred more than a decade ago. He noted that the appeals court found that four of the five cases involved "harmless error."

"I am an aggressive prosecutor," Flory said. "Does that mean that I purposely set out to conduct misconduct? I don't think so."

The report singled out Los Angeles County Deputy Dist. Atty. Grace Rai as "a striking example of repeat prosecutorial misconduct that has not been publicly disciplined."

In 2008, an appeals court overturned a murder conviction after finding that the prosecutor disobeyed a court order, asked improper questions and committed other misconduct. Two years earlier, an appeals court concluded that Rai probably intentionally violated a court order in another murder case but that the conduct did not prevent the defendant from receiving a fair trial.

Rai did not return calls for comment Monday.

The report found that prosecutorial misconduct has far-reaching consequences, including the conviction of the innocent, new trials for the guilty and a large cost to taxpayers who foot the bill for new trials and legal settlements.

Among the cases the report's authors highlighted as egregious was that of Mark Sodersten, whose 1986 murder conviction in Tulare County was overturned in 2007, months after he died in prison. An appellate court ruled that the prosecutor, Phil Cline, failed to give the defense audiotapes of interviews he conducted with a 5-year-old witness that could have shown her testimony was unreliable.

The appellate court found that "those whose duty it was to see justice done neglected or ignored that duty." The innocence project faulted the State Bar for not taking action against Cline.

Cline, now the district attorney of Tulare County, said the courts never found he intentionally withheld the tapes. He insisted he did provide them to the defense but was unable to prove it because he had not kept records of doing so.

"Hooking us into prosecutorial misconduct is just wrong," he said.

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Report urges justice reform
10/05/2010
Los Angeles Times

Hundreds of prosecutors in California -- including many in Los Angeles County -- have committed misconduct with near impunity as authorities failed to either report or discipline them, according to a report released Monday.

The misconduct ranged from asking witnesses improper questions during trial to failing to turn over evidence that could help a defendant and presenting false evidence in court, according to the report, which was issued by an innocence project at the Santa Clara University School of Law.

The researchers discovered 707 cases in which state and federal courts and appellate courts found prosecutorial misconduct in opinions issued between 1997 and 2009. Of those, 67 prosecutors committed misconduct in more than one case, including three who committed misconduct four times and two who did so five times.

The authors of the report said most prosecutors follow the law and act ethically, but they criticized the State Bar for disciplining only six prosecutors during the period covered by the study.

"Prosecutors aren't held accountable," said Maurice Possley, an award-winning journalist who worked on the study by the Northern California Innocence Project. "Absent that, why should they change their habits?"

The researchers called for legal reform to require that courts forward all findings of misconduct to the State Bar, which investigates allegations of attorney misconduct. Courts are not currently required to forward cases in which they decide the misconduct was harmless.

Scott Thorpe, chief executive of the California District Attorneys Assn., criticized the report for exaggerating the scale and severity of prosecutorial misconduct.

He noted that courts found that prosecutorial misconduct was serious enough to reverse a case or take some other significant action in 159 instances -- a small fraction of the more than 4,000 appeals that alleged misconduct. In the remaining cases where misconduct was found, appellate courts concluded that the prosecutor's actions did not undermine a defendant's right to a fair trial.

Thorpe said his association and district attorney's offices around the state put on regular ethics training seminars for prosecutors.

"I'm not in any way implying that prosecutors have not been guilty of misconduct," Thorpe said. But he said the report was "just not an accurate reflection."

In response to the report, State Bar officials said discipline is not always appropriate when appellate courts find misconduct. Misconduct can occur when prosecutors act unintentionally or where their errors were relatively minor, Russell Weiner, the agency's deputy chief trial counsel, said in a statement.

The agency also has the option of sending prosecutors warning letters or private reprovals for first-time offenders in cases that are not egregious, Weiner said.

But the report's authors said that district attorneys and the State Bar should be more open with the public about the actions they take -- if any -- against prosecutors who commit misconduct.

"Transparency is critical," said Cookie Ridolfi, a Santa Clara University School of Law professor and executive director of the innocence project.

She and Possley faulted appellate courts for frequently omitting the names of attorneys found to have committed prosecutorial misconduct. The innocence project researched the names of prosecutors in 600 cases and has included them with summaries of the cases on its website, veritasinitiative.org.

The report said courts found misconduct by Orange County prosecutor Mike Flory on five occasions. In one case, an appeals court ruled that he improperly used race as a criteria for selecting jurors. In another, he was criticized for noting in his argument to the jury that the defendant was not present in court -- despite the judge telling Flory not to.

Flory said he never intended to exclude jurors based on their race and regretted his comment about the absent defendant, which occurred more than a decade ago. He noted that the appeals court found that four of the five cases involved "harmless error."

"I am an aggressive prosecutor," Flory said. "Does that mean that I purposely set out to conduct misconduct? I don't think so."

The report singled out Los Angeles County Deputy Dist. Atty. Grace Rai as "a striking example of repeat prosecutorial misconduct that has not been publicly disciplined."

In 2008, an appeals court overturned a murder conviction after finding that the prosecutor disobeyed a court order, asked improper questions and committed other misconduct. Two years earlier, an appeals court concluded that Rai probably intentionally violated a court order in another murder case but that the conduct did not prevent the defendant from receiving a fair trial. Rai did not return calls for comment Monday.

The report found that prosecutorial misconduct has far-reaching consequences, including the conviction of the innocent, new trials for the guilty and a large cost to taxpayers who foot the bill for new trials and legal settlements.

Among the cases the report's authors highlighted as egregious was that of Mark Sodersten, whose 1986 murder conviction in Tulare County was overturned in 2007, months after he died in prison. An appellate court ruled that the prosecutor, Phil Cline, failed to give the defense audiotapes of interviews he conducted with a 5-year-old witness that could have shown her testimony was unreliable.

The appellate court found that "those whose duty it was to see justice done neglected or ignored that duty." The innocence project faulted the State Bar for not taking action against Cline.

Cline, now the district attorney of Tulare County, said the courts never found he intentionally withheld the tapes. He insisted he did provide them to the defense but was unable to prove it because he had not kept records of doing so.

"Hooking us into prosecutorial misconduct is just wrong," he said.

--

jack.leonard@latimes.com

Copyright © 2010 Los Angeles Times

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Report: Prosecutors Rarely Punished for Misconduct | View Clip
10/05/2010
Bay Citizen, The

Scott Ball was still recuperating from a motorcycle accident in 2008 when Toni Sanders, his home health care aide, told police she was the victim of a brutal beating.

It turns out Ball himself may have been the victim – of prosecutorial misconduct.

Despite holes in Sanders' story, Fresno county prosecutors charged Ball with attempted kidnapping and assault with a deadly weapon. And at the trial, when one witness informed prosecutor Melissa Baidzar Baloaian Sahatjian that Ball was not the man responsible, Sahatjian withheld the information from the defense and sent the witness home.

When prosecutors withhold evidence – as in Ball's case – or commit other acts of misconduct, they are rarely punished, according to a report released this week by the Northern California Innocence Project (NCIP), a nonprofit organization based at the Santa Clara University School of Law.

The study covered a 13-year period and found that in 707 cases of misconduct statewide, only six prosecutors were disciplined by the California Bar Association, even after convictions were overturned. Sixty-seven prosecutors committed acts of misconduct more than once.

The NCIP tracked misconduct during criminal trials between 1997 and 2009 and said that courts frequently fail to report misconduct, the state Bar Association rarely investigates it, defense attorneys fail to protest it, and prosecutors have few internal policies regarding misconduct.

The report says those conditions have fostered a culture that excuses misconduct and abuses public trust.

“There's very little there to deter prosecutors from committing this type of behavior,” said NCIP director Kathleen Ridolfi. “We're not saying prosecutors across the state are bad and unethical. We're saying that prosecutors guilty of misconduct are casting a terrible shadow on their whole offices. The good prosecutors are not trusted because of what the other prosecutors are doing.”

Misconduct encompasses a range of actions, such as mischaracterizing evidence, intimidating a witness and shifting the burden of proof.

The California Commission of Judicial Performance did not return calls Monday seeking comment on the report.

But deputy chief trial counsel Russell Weiner of the California Bar Association said the organization “has taken appropriate action” in the cases it has investigated.

In a written response to the report, Weiner said not all misconduct necessitates discipline. For example, unintentional misconduct, such as errors made in conjunction with other attorneys, the court or defense might not result in punishment.

A spokeswoman declined to detail the nature of complaints the organization receives and investigates, citing state statutes. Weiner also declined to discuss any specific cases mentioned in the NCIP's report, but said the organization is “discussing it.”

“Certainly, if a prosecutor intentionally fails to turn over exculpatory evidence or makes willful misrepresentations to the court, such misconduct should be investigated,” he said. “However, the State Bar must prove allegations of attorney misconduct by clear and convincing evidence.”

The court is required to report misconduct to the bar when a judgment in a criminal case is reversed or overturned. According to researchers, there were 31 of these cases in the Bay Area.

In Fresno, Ball was ultimately found guilty of beating Sanders. But an Appeal Court, after discovering that Sahatjian dismissed the witness, overturned the conviction and sentence in 2009.

The attorney, according to the NCIP, has not faced consequences.

In addition to requiring courts to expand the kinds of misconduct they report, Ridolfi said the names of all attorneys investigated for misconduct should be made public and said district attorneys should also crack down on misconduct with stricter policies and investigation.

Because of a legacy of few consequences, Ridolfi said it's those offices that may be the most resistant to change.

“Up till now, it's just simply been tolerated,” she said.

Correction: An earlier version of this story stated that the California Bar Association declined to discuss the number of complaints about misconduct that it receives due to state statutes. It is the nature of the complaints that is protected by statute.

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Researchers Uncover Widespread Prosecutorial Misconduct in California | View Clip
10/05/2010
Change.org

Mark Sodersten spent 22 years behind bars for a murder that the evidence suggests he didn't commit, with a California appeals court overturning his conviction and admonishing the prosecutor in the case for witholding taped interviews with witnesses that could have exonerated him.

“This case raises the one issue that is the most feared aspect of our system—that an innocent man might be convicted," the justices wrote after reviewing the case. Unfortunately for Sodersten, the court's 2007 decision came too late: he had died six months prior. But despite his death, the court issued the decision anyway, saying the case's "impact upon the integrity and fairness that are the cornerstones of our criminal justice system" required them to do so just to maintain public confidence.

But as a new report from the Veritas Initiative details, the prosecutor in the case -- Tulare County District Attorney Phillip Cline -- was never punished for his gross prosecutorial misconduct, "and it is virtually certain that he never will." In fact, knowingly hiding evidence that could have proved a man's innocence has been no obstacle to Cline's career. He not only continues to serve as Tulare County's district attorney, but he serves on the board of directors of the county's bar association. According to his official biography, he has also served as "president of the Tulare County Police Chief's Association and also served as president of the Executive Council."

And Cline is not unique. In fact, Preventable Error: A Report on Prosecutorial Misconduct in California 1997–2009, suggests California prosecutors regularly engage in misconduct with little in the way of consequences to show for it. That finding comes after USA Today revealed more than 200 cases where federal prosecutors likewise threw ethics out the window in their quest to secure convictions. (Read more after the jump.)

After reviewing more than 4,000 state and federal appellate rulings, news reports and trial court decisions over more than a decade -- "the most in-depth statewide review of prosecutorial misconduct" ever -- the researchers uncovered 707 cases where California courts "explicitly found that prosecutors committed misconduct." But though researchers found 67 prosecutors who repeatedly engaged in misconduct, they could find just six instances between January 1997 and September 2009 where the California State Bar Journal punished a prosecutor for their conduct during a criminal case. "That means the State Bar publicly disciplined only one percent of the prosecutors in the 600 cases in which the courts found prosecutorial misconduct and NCIP researchers identified the prosecutor."

And even when judges uncovered prosecutorial misconduct, most of the time -- 80 percent of the time, in fact -- they deemed it "harmless" and inconsequential to the verdict in the case. The researchers' unsettling conclusion? "[T]hose empowered to address the problem -- California state and federal courts, prosecutors and the California State Bar -- repeatedly fail to take meaningful action. Courts fail to report prosecutorial misconduct (despite having a statutory obligation to do so), prosecutors deny that it occurred, and the California State Bar almost never disciplines it."

And as the case of Mark Sodersten underscores, the misconduct isn't trivial, ranging from presenting false evidence during a trial to intimidating witnesses (one prosecutor retaliated against a person who refused to testify for the prosecution by getting them fired from their job). It's also likely a lot more widespread than even the Veritas Initiative's report suggests.

About 97 percent of felony cases never even go to trial, the researchers note, with most defendants pleading guilty. Though prosecutors may have engaged in misconduct in those cases, we'll never know. "Moreover, findings of misconduct at the trial court level that are not reflected in appellate opinions cannot be systematically reviewed without searching every case file in every courthouse in the state. And of course, the number cannot capture cases of prosecutorial misconduct that were never discovered."

Written by lead researchers Kathleen Ridolfi, executive director of the Northern California Innocence Project, and Maurice Possley, a Pulitzer Prize-winning investigative journalist, the report says that, by "casting a blind eye to prosecutors who place their thumbs on the scale of justice," officials running the California justice system are "fostering misconduct and opening the door to the inevitable -- the conviction of the innocent and the release of the guilty."

Ridolfi and Possely suggest a number of commonsense reforms that could help put a stop to at least some of the misconduct going on in California, such as mandating that all instances of misconduct -- even of supposedly "harmless" variety -- be reported and that judges identify "in opinions the full names of prosecutors found to have committed misconduct." Prosecutors' current "absolutely immunity" from civil liability for their actions should also be replaced with a more "qualified" variety.

Given the sheer volume of misconduct uncovered, though, it seems clear minor reforms will never fully address the problems with California's criminal justice system. Only a total, comprehensive -- and long past due -- overhaul can hope to accomplish that.

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Sentencing Law and Policy: Potent new report about prosecutorial misconduct in California | View Clip
10/05/2010
Sentencing Law and Policy

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October 5, 2010

Potent new report about prosecutorial misconduct in California
this new article, headlined "Prosecutorial Misconduct Is Rarely Punished, Says New Study," which spotlight a potent new report about how prosecutorial misconduct is handled (or not handled) in California. Here are the basics:

Only a tiny percentage of prosecutors who engaged in misconduct were disciplined by the State Bar of California during a 12-year period, according to a report released Monday.

The report, issued by the Northern California Innocence Project at Santa Clara University School of Law, found 707 cases between 1997 and 2009 in which courts explicitly determined that prosecutors had committed misconduct. It examined more than 4,000 cases.

Among the 707 cases, only six prosecutors -- 0.8% -- were disciplined by the State Bar of California. Only 10 of the 4,741 disciplinary actions by the state bar during the same period involved prosecutors....

The project found that judges often failed to report misconduct to the state bar despite having a legal obligation to do so. Sixty-seven prosecutors committed misconduct more than once and some as many as five times. The majority of those prosecutors were never publicly disciplined, the project said....

The report included recommendations for reform. It called for district attorneys to adopt internal policies that do not tolerate misconduct. It also called for the state bar to increase disciplinary transparency.

The State Bar of California issued a written statement in response to a request for comment. "[P]rosecutorial misconduct as indicated in the Innocence Project report does not always equate with attorney misconduct for disciplinary purposes," the association said. "The State Bar believes that it is disciplining criminal prosecutors where appropriate and where the misconduct was willful and can be establish by clear and convincing evidence." It added that misconduct is a "serious issue" and that the bar association is looking into the assertions made by the Innocence Project.

The report also found that in 282 of the cases, the courts did not decide whether a prosecutor's actions were improper. Instead, they concluded that regardless of the alleged misconduct, the defendant received a fair trial. The Innocence Project reviewed only appellate court rulings and a few other cases.

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'SpeedBook' Tablet Lands Google In Court Before It Even Launches | View Clip
10/05/2010
MediaPost.com

Google hasn't yet officially debuted Speedbook, rumored to be a new Chrome-OS tablet, but the company's attempt to trademark the name has already landed it in court.

In a complaint filed Monday in U.S. District Court in Oregon, technology company CollegeNet, which markets online scheduling and event-management software for schools, alleges that it owns the trademark to Speedbook. The company is seeking a declaratory judgment that its trademark will be infringed by Google's use of the term. CollegeNet additionally says it intends to seek an injunction banning Google from using the name for an upcoming tablet.

"Google is hundreds of times the size of CollegeNet, and if it were to use the Speedbook mark on a new product aimed at the entire consumer market, with a highly visible public launch, the association of the trademark with Google would forever ruin CollegeNet's ability to use that mark to signify CollegeNet's own existing and future products," CollegeNet argues in its papers.

Google hasn't yet officially confirmed that it intends to roll out the Speedbook tablet, but CollegeNet cites to press reports speculating that Google could bow the device as early as next month. Google applied in August to the U.S. Patent and Trademark Office to trademark the name Speedbook.

The company did not respond to Online Media Daily's request for comment.

Even if Google intends to sell a tablet named Speedbook, doing so might not infringe CollegeNet's trademark for a business-to-business application service provider, says Internet law expert Eric Goldman, a professor at Santa Clara University. "These are pretty distinct categories," he says, adding that courts might not think it's likely that consumers would confuse CollegeNet's offering with a mass market consumer electronics product.

CollegeNet argues in its legal papers that one source of confusion would stem from the fact that its scheduling app that could theoretically run on tablets -- including Google's. CollegeNet says that people who use its technology might mistakenly think that its use of Speedbook means that its programs are compatible with and optimized for Google's upcoming device.

This dispute marks at least the second lawsuit in recent weeks involving a trademark that incorporates the word "book." In late August, Facebook

sought an injunction banning Teachbook -- a social networking site for teachers -- from continuing to use that name.

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Spiritual Exercises -- Christian, Jewish, Ancient | View Clip
10/05/2010
America: The National Catholic Weekly

As part of my family is Jewish, I am a Catholic theologian who participates not only in Catholic parish life but who also is a member of a synagogue. I have not previously written about this part of my theological life, but I thought it might be appropriate, here on the America magazine blog, to briefly write about my experience giving a talk at our temple a few weeks ago on Yom Kippur. The occasion felt personally meaningful as well as theologically significant, if only for the openness of the moment in Catholic-Jewish relations that such an opportunity symbolized. I said yes to this invitation a few months ago, though later wondered whether this yes was a fully prudent response, given the recent public tensions between Catholic and Jewish leaders occasioned by developments on the Catholic front.

Still, I ended up being grateful for the yes, and following the inspiration of Ignatius Loyola, stood by my original good decision made in relative consolation. So on Yom Kippur, I gave a talk at our temple that placed myself between Catholicism and Judaism as much as it placed a theological item on the temple's itinerary: I talked about spiritual exercises.

But not spiritual exercises according to Ignatius, rather spiritual exercises according to the rabbis in the Mishna, and as refracted through the research of Jonathan Wyn Shofer, of Harvard Divinity School. As a lay person, a father, a theologian at a Jesuit university, as one who has experienced the spiritual exercises not only as personal askeses but in and through friendships with Jesuits, and as one of those children whose father was once a Jesuit, I find these disciplines cycling through my mind, life and everyday practices, and influencing my teaching and writing. The Exercises more or less season everything I write, consciously and unconsciously.

So it was recently that I was speaking at Yom Kippur about spiritual exercises in Jewish culture and theology. I took as my theme the problem of relating spiritual practices to secular practices in our lives, which is a theme of much of my research.

I discussed favorable and critical views of secular culture in religion research, the turn to practices in religious studies and theology, and the signal role of popular culture in secular culture as a forum for religious experience. Having thus set up the modern problem of the relationship between "spiritual" and "secular" life, I then turned to Schofer's work on spiritual exercises in rabbinic culture (See Schofer, The Making of a Sage: A Study in Rabbinic Ethics (University of Wisconsin Press, 2005). In a nutshell, Schofer is interested in how spiritual exercises appear in the Mishna. He argues that a fundamental exercise is that of "attention." The rabbis, he argues, counsel discernment regarding to whom or what one gives one's heart so as to avoid sin and foolishness, and recommend sayings that are akin to mantras regarding God's judgment and the ways one ought to think about one's own success.

Why, you might ask, would spiritual exercises, which many a Catholic fan supposes were innovated by Ignatius, show up in Judaism? Because they predate Ignatius. Schofer is heir to a scholarly trajectory from Pierre Hadot (and before him, from Michel Foucault and Paul Rabbow) that appreciates the spiritual techniques ingredient in reflective practices. Hadot applies this perspective on spiritual exercises -- that reflection and analysis are intended to reform one's subjective disposition and relation to one's community -- to ancient philosophical schools. Schofer shows how it is relevant to ancient rabbinic culture.

When I taught at Santa Clara University, I used to give a seminar to undergraduates that related Hadot's perspective on spiritual exercises in ancient philosophy to Ignatius' Spiritual Exercises. It is this teaching that led me to defend a "pre-Christian Catholic theology" in my most recent book.

Those who have endured this far may find the theological substrate of this post: that the genius often attributed to Ignatius needs to be reinterpreted in the light of what we are learning about the 'prehistory' of spiritual exercises -- not least of all in ancient Judaism and ancient philosophy. All this was signaled in my remarks at the synagogue, on Yom Kippur.

Tom Beaudoin

Hastings-on-Hudson, New York, United States

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Study: Prosecutorial Misconduct Ignored | View Clip
10/05/2010
North Country Gazette

Seventy-five years ago, in reversing a conviction because of prosecutorial misconduct, in Berger v. U.S., the U.S. Supreme Court specified the paramount obligation of a prosecutor: “[A] prosecutor has a duty to refrain from improper methods calculated to produce a wrongful conviction1… [While he] may strike hard blows, he is not at liberty to strike foul ones.”

The Court emphasized the critical role the prosecutor plays in a judicial system like ours that is aimed at justice, not simply conviction: the prosecutor “is the representative… of a sovereignty whose… interest in a criminal prosecution is not that it shall win a case, but that justice shall be done.”

Because the prosecutor had misstated evidence, bullied witnesses, put words into

the mouth of a witness and intimated facts he knew were false, the Court overturned the conviction.

A new study released by the Northern California Innocence Project concludes that prosecutors continue to engage in misconduct, sometimes multiple times, almost always without consequence. And the courts' reluctance to report prosecutorial

misconduct and the California State Bar's failure to discipline it empowers prosecutors to continue to commit misconduct.

While the majority of California prosecutors do their jobs with integrity, the findings of the Misconduct Study demonstrate that the scope and persistence of the problem is alarming. Reform is critical, the study concludes. PROSECUTORIAL MISCONDUCT

The problem of prosecutorial misconduct is even more critical today. Scores of academic articles and books, as well as the media, have documented the extent to which some prosecutors continue to use the very tactics the Supreme Court decried, as well as others, to obtain convictions.

To more fully document the scope of the problem, the Northern California Innocence Project (NCIP) engaged in a comprehensive analysis of publicly available cases of prosecutorial misconduct in California, reviewing more than 4,000 state and federal appellate rulings, as well as scores of media reports and trial court decisions, covering the period 1997 through 2009.

This study—the “Misconduct Study”—is the most in-depth statewide review of prosecutorial misconduct in the United States.

NCIP's examination revealed 707 cases in which courts explicitly found that prosecutors committed misconduct. In about 3,000 of the 4,000 cases, the courts rejected the prosecutorial misconduct allegations, and in another 282, the courts did not decide whether prosecutors' actions were improper, finding that the trials were nonetheless fair.

Identifying 707 cases in which prosecutorial misconduct was found—on average, about one case a week—undoubtedly understates the total number of such cases. These 707 are just the cases identified in review of appellate cases and a handful of others found through media searches and other means. About 97 percent of felony criminal cases are resolved without trial, almost all through guilty pleas.

Moreover, findings of misconduct at the trial court level that are not reflected in appellate opinions cannot be systematically reviewed without searching every case file in every courthouse in the state. And of course, the number cannot capture

cases of prosecutorial misconduct that were never discovered (for example, failure to disclose exculpatory evidence) or appealed (due, for example, to lack of resources or ineffective counsel).

The Misconduct Study's findings as to the results in these 707 cases were as follows: In the vast majority—548 of the 707 cases—courts found misconduct but nevertheless upheld the convictions, ruling that the misconduct was harmless—that the defendants received fair trials notwithstanding the prosecutor's conduct. Only in 159 of the 707 cases—about 20 percent— did the courts find that the misconduct was harmful; in these cases they either set aside the conviction or sentence, declared a mistrial or barred evidence.

The Misconduct Study shows that those empowered to address the problem—California state and federal courts, prosecutors and the California State Bar—repeatedly fail to take meaningful action. Courts fail to report prosecutorial misconduct (despite having a statutory obligation to do so), prosecutors deny that it occurred, and the California State Bar almost never disciplines it.

Significantly, of the 4,741 public disciplinary actions reported in the California State Bar

Journal from January 1997 to September 2009, only 10 involved prosecutors, and only six of these were for conduct in the handling of a criminal case. That means that the State Bar publicly disciplined only one percent of the prosecutors in the 600 cases in which the courts found prosecutorial misconduct and NCIP researchers identified the prosecutor.

Further, some prosecutors have committed misconduct repeatedly. In the subset of the 707 cases in which NCIP was able to identify the prosecutor involved (600 cases), 67 prosecutors–11.2 percent—committed misconduct in more than one case. Three prosecutors committed misconduct in four cases, and two did so in five. The failure of judges, prosecutors and the California State Bar to live up to their responsibilities to report, monitor and discipline prosecutorial misconduct fosters misconduct, undercuts public trust and casts a cloud over those prosecutors who do their jobs properly. The problem is critical.

Prosecutorial misconduct is an important issue for us as a society, regardless of the guilt or innocence of the criminal defendants involved in the individual cases. Prosecutorial misconduct fundamentally perverts the course of justice and costs taxpayers millions of dollars in protracted litigation. It undermines our trust in the reliability of the justice system and subverts the notion that we are a fair society. At its worst, the guilty go free and the innocent are convicted.

An especially stark example is the death penalty prosecution of Mark Sodersten, a man who spent 22 years behind bars convicted of a murder that the appellate court said he most likely did not commit.

In 2007, a California Court of Appeal found that the deputy district attorney who prosecuted Sodersten, Phillip Cline, had improperly withheld from the defense audiotapes of his interviews with a key witness.6 After reviewing the tapes, the justices found they contained dramatic evidence pointing to Sodersten's innocence. Based on this finding, the court vacated his conviction, emphasizing: “This case raises the one issue that is the most feared aspect of our system—that an innocent man might be convicted.”

For Sodersten, the ruling in his case came too late: he had died in prison six months earlier.

Even though the defendant's death ordinarily ends the case, the court took the unusual step of issuing a ruling anyway because of the importance of the issue:

“[W]hat happened in this case has such an impact upon the integrity and fairness that are the cornerstones of our criminal justice system that continued public confidence in that system requires us to address the validity of [Sodersten's] conviction despite the fact we can no longer provide a remedy for petitioner himself.”8 The court concluded:

“To do otherwise would be a disservice to the legitimate public expectation that judges will enforce justice. It would be a disservice to justice. Most of all, it would be a disservice to [Sodersten] who maintained his innocence despite a system that failed him.”

The prosecutor was never disciplined. Sodersten's attorney filed a formal complaint with the California State Bar, arguing that the prosecutor “asked a jury to kill a man based on a conviction he perverted.”

But in April 2010, the State Bar closed the investigation, because “this office has concluded that we could not prove culpability by clear and convincing evidence”—even though the tapes the prosecutor wrongfully withheld included interviews

with a key witness conducted by the prosecutor himself.

The prosecutor, Phillip Cline, has never been held responsible for his actions, and it is virtually certain that he never will. He has absolute immunity from any civil liability for his conduct as a prosecutor. Cline was elected District Attorney for Tulare County in 1992 and remains in that position today. 10-5-10

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US WATCH -- CALIFORNIA: PUNISHMENT FOUND LACKING IN PROSECUTOR MISCONDUCT
10/05/2010
Wall Street Journal

Study by Santa Clara University's Northern California Innocence Project finds that only about 1% of 600 cases of prosecutorial misconduct in pursuing criminal defendants is punished (S)

Copyright © 2010 The New York Times Company

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White House Internship Program Announces Fall 2010 Participants | View Clip
10/05/2010
WIVT-TV - Online

From White House Media Affairs Office:

The White House Internship Program announced today the incoming participants for the fall 2010 session. The program's mission is to make the White House accessible to future leaders all around the nation and cultivate and prepare those devoted to public service for future leadership opportunities.

A White House Internship provides a unique opportunity to gain valuable professional experience and build leadership skills. Interns work in one of several White House departments, including the Office of Cabinet Affairs, the Office of the Chief of Staff, the Office of Scheduling and Advance, the Office of Public Engagement and Intergovernmental Affairs, the Office of Health Reform, the Office of Legislative Affairs, the Office of Management and Administration, the Office of White House Counsel, the Office of Political Affairs, the Office of Energy and Climate Change, the National Economic Council, the Office of Presidential Correspondence, the Office of Presidential Personnel, the Communications Department, the Domestic Policy Council, the Office of the First Lady, and the Office of the Vice President.

Additional information about the White House Internship Program is available here: http://www.whitehouse.gov/about/internships/. The application for the Spring 2011 program is now on the website, and the deadline is October 10, 2010.

Fall 2010 White House Interns

The below list includes the fall 2010 White House interns, their hometowns and the higher education institution they most recently attended.

-Ruth Adu-Gyamfi. Hometown: Bloomington, MN; University of Minnesota, MN.

-Teresa Almanza. Hometown: Fennville, MI; Michigan State University, MI.

-Nadiaa Ansari. Hometown: Endicott, NY; SUNY- Buffalo, NY.

-Jeremy Avila. Hometown: San Jose, CA; UCLA-Law, CA.

-Matthew Barnett. Hometown: Long Beach, CA; California State University, CA.

-Noam Bar-Zemer. Hometown: Providence RI; Sarah Lawrence College, NY.

-Mary Baskerville. Hometown: McLean, VA; James Madison, VA.

-Emily Berret. Hometown: Sinking Spring, PA; Alvernia University, PA.

-Noelle Beydoun. Hometown: Glendale, AZ; Arizona State University, AZ.

-Eleanor Blume. Hometown: Berkley, CA; Wellesley College, CA.

-Tramaine Brown. Hometown: Spartanburn, SC; Wofford College, SC.

-Ryan Brown. Hometown: Austin, TX; University of Texas at Austin, TX.

-Mark Callanan. Hometown: Fairport, NY; SUNY-Geneseo, NY.

-Howard Campbell. Hometown: Mount Vernon, NY; Morehouse College, GA.

-Cassandra Campbell. Hometown: Lorton, VA; Virginia State University, VA.

-Alli Chandra. Hometown: Lincoln, NE; Harvard University, MA.

-May Chiang. Hometown: Washington, DC; Georgetown University Law, DC.

-Chynna Clayton. Hometown: Miami, FL; University of FL, FL.

-Matthew Cohen-Price. Hometown: Oakland, CA; Goucher College, MD.

-Priscilla Cortez. Hometown: Houston, TX; University of Texas at Austin, TX.

-Stephanie Cotta. Hometown: Galt, CA; University of California Davis, CA.

-Julie Crocker. Hometown: Franklin, KY; Centre College, KY.

-Patrick Cunnane. Hometown: Jenkintown, PA; University of Miami, FL.

-Casey Davis-Van Atta Hometown: Poughkeepsie, NY; Pomona College, CA.

-Kelly Doohan. Hometown: Webster, NY; Stony Brook University, NY.

-Clay Dumas. Hometown: Sherman Oaks, CA; Harvard College, MA.

-Anup Engineer. Hometown: Charlotte, NC; North Carolina State University, NC.

-Katherine Farley. Hometown: Rye, NY; Harvard University, MA.

-Marvin Figueroa. Hometown: Bronx, NY; Harvard Graduate School, MA.

-Tina Fletcher. Hometown: Plumerville, AR; University of Arkansas, AR.

-Kyle Flood. Hometown: Arlington, VA; Ball State University, IN.

-Matthew Foerster. Hometown: Silver Spring, MD; St. Mary's College, MD.

-Victoria Foreman. Hometown: Austin, TX; University of Texas at Austin, TX.

-Benjamin Forer. Hometown: Encino, CA; Syracuse University, NY.

-Jonathan Gonzalez. Hometown: Elgin, IL; University of Illinois at Urbana-Champaign, IL.

-Ximena Gonzalez. Hometown: Brownsville, TX; University of Texas at Austin, TX.

-Kiren Gopal. Hometown: Aliso Viejo, CA; UCLA-Law, CA.

-Lauren Goudeaux. Hometown: Fair Oaks, CA; California State University-Sacramento, CA

-Jonathan Gould. Hometown: Newton, MA; Harvard College, MA.

-Kyle Gracey. Hometown: Johnstown, PA; University of Chicago, IL.

-Michelle Grau. Hometown: Newell, IA; Iowa State University, IA.

-Guthrie Graves-Fitzsimmons. Hometown: Houston, TX; American University, DC.

-Justin Greenberg. Hometown: Ashland, OR; Whitman College, WA.

-Kyla Griffith. Hometown: East Dennis, MA; Boston University, MA.

-Taylor Grove. Hometown: Oklahoma City, OK; UCLA-Law

-Avery Halfon. Hometown: New York, NY; Stanford University, CA.

-Bess Hanish. Hometown: Amherst, MA; Amherst College, MA.

-Hannah Hankins. Hometown: Madison, MN; American University, DC.

-Jordan Harp. Hometown: Nevada City, CA; UCLA, CA.

-Anne Harris. Hometown: Hampton, VA; University of VA, VA.

-Edward Haubrich. Hometown: Columbus, OH; University of Minnesota, MN.

-Catherine Hendricks. Hometown: Alexandria, VA; Penn State University, PA.

-Brian Highsmith. Hometown: Louisville, KY; Furman University, SC.

-Timothy Hoffman. Hometown: Greenwood Village, CO; Bucknell University, PA.

-Abby Hogan. Hometown: Bedford, NH; George Washington University, DC.

-Emily Hogin. Hometown: Washington, D.C.; Harvard College, MA.

-Frances Holuba. Hometown: Ho-Ho-Kus, NJ; University of Virginia, VA.

-Samuel Houshower. Hometown: Berkeley, CA; UC Berkeley School of Law, CA.

-Harut Hovsepyan. Hometown: Burbank, CA; University of Southern California Keck School of Medicine, CA.

-Dane Hudson. Hometown: Beloit, WI; University of Iowa, IA

-Scott Jacobs. Hometown: Farmington Hills, MI; University of Michigan, MI.

-Zaina Javaid. Hometown: Monroe, MI; University of Michigan, MI.

-Jill Jefferson. Hometown: Taylorsville, MS; University of Virginia, VA.

-Rebecca Johnson-Stone. Hometown: Columbia, MD; University of Maryland University College, MD.

-Randall Judt. Hometown: Largo, FL; George Mason University, VA.

-Alexander Karjeker. Hometown: Houston, TX; Georgetown University, DC.

-Leah Katz-Hernandez. Hometown: Montgomery Village, MD; Gallaudet University, DC.

-Lauren Khouri. Hometown: Avon, OH; Saint Louis University, MS.

-Lisa Kohn. Hometown: Skokie, IL; Washington University, MS.

-Jacqueline Koo. Hometown: Tokyo, Japan; Georgetown University, D.C.

-Danielle Lazarowitz. Hometown: New Haven, CN; New York University, NY.

-Esther Lee. Hometown: Leavenworth KS; University of California, Davis School of Law, CA.

-Gina Lee. Hometown: Upper Brookville, NY; Boston University, MA.

-Sara Locke. Hometown: Clinton Township, MI; Kalamazoo College, MI.

-Hilary Low. Hometown: South Pasadena, CA; University of California-Riverside, CA.

-Alexander Maasry. Hometown: Woodside, CA; Stanford University, CA.

-John Madans. Hometown: Los Angeles, CA; University of California-Berkeley, CA.

-Ramzy Mardini. Hometown: Huber Heights, OH; University of Chicago, IL.

-Rachel Martin. Hometown: Chelmsford, MA; George Washington University, DC.

-Kevin McCarthy. Hometown: Belmont, MA; Harvard University, MA.

-Jesse McCormick. Hometown: Wayland, MA; Tufts University, MA.

-Camille McGirt. Hometown: Durham, NC; Hampton University, VA.

-Michael McSwain. Hometown: Shelby, NC; Appalachian State University, NC.

-Daniel Meurer. Hometown: La Canada, CA; Georgetown University, DC.

-Kimberly Miller. Hometown: Jacksonville, FL; Florida State University, FL.

-Matthew Miller. Hometown: Tacoma, WA; Gonzaga University, WA.

-Spencer Millsap. Hometown: Austin, TX; Texas State University, TX.

-Alex Mitchell. Hometown: Damascus, MD; George Mason University, VA.

-Daniel Mullen. Hometown: Pittsburg, PA; University of Colorado at Boulder, CO.

-Mark Munro. Hometown: Beaverton, OR; Claremont McKenna College, CA.

-Ariel Murphy. Hometown: Ontario, CA; Dartmouth College, NH.

-Ryan Nees. Hometown: Kokomo, IN; Yale University, CT.

-Eugene Nho. Hometown: Bloomington, IN; Stanford University, CA.

-Vera Maureen Njuguna. Hometown: Kent, WA; Seattle Pacific University, WA.

-H. Savala Nolan. Hometown: Oakland, CA; University of California, Berkley Law, CA.

-Conor O'Brien. Hometown: Granite Bay, CA; Santa Clara University, CA.

-Claire Olszewski. Hometown: Potomac, MD; Northwestern University, IL.

-Oscar Padilla. Hometown: El Paso, TX; University of Notre Dame, IN.

-Blake Peterson. Hometown: Arroyo Seco, NM; London School of Economics, England, UK.

-Damon Porter. Hometown: Washington, DC; University of Chicago, IL.

-Lance Pyburn. Hometown: Comanche, TX; University of Texas at Austin, TX.

-Antoinette Rangel. Hometown: The Bronx, NY; Northeastern University School of Law, MA.

-Celia Rhoads. Hometown: Washington, DC; University of Michigan at Ann Arbor, MI.

-Elspeth Rollert. Hometown: Chicago, IL; Georgetown University, DC.

-Jonathan Ross-Harrington. Hometown: Stony Brook, NY; Yale University, CT.

-Maxwell Samis. Hometown: Chesterfield, MO; University of Missouri, MO.

-Roque Sanchez. Hometown: Los Lunas, NM; Rice University, TX.

-Henry Schleifer. Hometown: Camden, DE; Brandeis University, MA.

-Adam Scholl. Hometown: Washington, DC; Bard College, NY.

-William Sealy. Hometown: New York, NY; College of William and Mary, VA.

-Patrick Senat. Hometown: Brooklyn, NY; Wesleyan University, CT.

-Joy Shanaberger. Hometown: Plymouth, MI; Columbia College Chicago, Chicago, IL.

-Christina Sivret. Hometown: Barre, VT; University of Hawaii Law, HI.

-Adrian Snead. Hometown: San Antonio, TX; George Washington University Law School, DC.

-Rod Solaimani. Hometown: Acworth, GA; Georgetown University, DC.

-Esmeralda Soria. Hometown: Lindsay, CA; University of California, Davis, CA.

-Joseph St. George. Hometown: Youngstown, OH; The Catholic University of America, DC.

-Shane Stephens-Romero. Hometown: Irvine, CA; University of California-Irvine, CA.

-Molly Swenson. Hometown: Seattle, WA; Harvard University, MA.

-Rebecca Targan. Hometown: West Bloomfield, MI; University of Michigan, MI.

-Jason Tengco. Hometown: Merced, CA; University of California-Los Angeles, CA.

-Matthew Texler. Hometown: Bowie, MD; University of Maryland-College Park, MD.

-Daniel Tick. Hometown: Delmar, NY; Emerson College, MA.

-Michael Tubbs. Hometown: Stockton, CA; Stanford University, CA.

-Matt Tully. Hometown: Chicago, IL; Georgetown University, DC.

-Elizabeth Tydings. Hometown: Ashburn, VA; University of Virginia, VA.

-Joseph Unger. Hometown: Urbana, IL; Kalamazoo College, MI.

-Josefina Villanueva. Hometown: Hammond, IN; Butler University, IN.

-Lauren Vrazilek. Hometown: Agoura Hills, CA; University of California, Santa Barbara, CA.

-Rachel Wallace. Hometown: Norfolk, VA; College of William and Mary, VA.

-Emily Wazlak. Hometown: Queens, NY; Mount Holyoke College, MA.

-Nicholas Wertsch. Hometown: St. Louis, MO; Georgetown University, DC.

-Melissa Wiesner. Hometown: Durham, NC; Duke University, NC.

-Randolph Wiggins. Hometown: Newark, NJ; UCLA-Law, CA.

-Heather Wilkinson. Hometown: San Jose, CA; University of California-Los Angeles, CA.

-Ashley Williams. Hometown: Tallahassee, FL; Georgetown University, DC.

-Peter Wilson. Hometown: Staten Island, NY; George Washington University, VA.

-Shannon Woods. Hometown: Burlington, IA; International Academy of Design and Technology-Chicago, IL.

-Melissa Youssef. Hometown: Newport Coast, CA; Westmont College, CA.

-Jonathan Zlotogorski. Hometown: New York, NY; The Hebrew University of Jerusalem, Israel.

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Altruism in the Service of Narcissism | View Clip
10/04/2010
Psychology Today - Online

Is it still ethical to do good for the wrong reasons?

If people do the right thing for the wrong reason is it still right? Egoism is one of the hardest ethical principles to get one's mind around.

For example, some wealthy people donate a large sum of money to hospitals, universities, the arts, and so forth. Why do they do so? Are they merely wishing to generously support causes and institutions they think highly of or do they want to influence these organizations in some selfish way or perhaps just see their names on the front of big buildings?

Perhaps closer to home and easier to relate to, many young people now participate in service learning experiences while in school. Perhaps they spend a spring or winter break or part of a summer vacation working with the poor and marginalized either here in the United States or overseas. Maybe they participate in a service immersion trip to build homes or schools or help out at a homeless shelter or orphanage. Are they doing this because they wish to help those who suffer and struggle or because it looks good on a resume perhaps helping their chances of getting into a top college?

At Santa Clara University where I teach in the psychology department, our new university wide core curriculum requires that all students participate in an academic class that involves community based learning perhaps working at a homeless shelter, health care institution for low income people, tutoring in a school where children may speak little English and are poor, and so forth. We call it "experiential learning for social justice" or ELSJ. Student must take at least one of these courses prior to graduating. How many student participate in order to fulfill the requirement versus how many would still participate even if not required is unknown. Does it matter?

I for one think that whatever we can do to make the world a better place, a more humane and just place, a more ethical place is a good thing. If students are required to work with those who are poor, marginalized, and suffering for whatever reason in order to graduate from college, improve their resumes, or fulfill some obligation then that's ok with me. Why? Because I think they get transformed from the experience regardless of their motivations.

For example, Bill Gates seemed to get into the philanthropy area later in life after he got married. In fact, I remember reading news reports stating that Microsoft and Bill Gates did little philanthropy given his and his company's remarkable success and wealth. That all changed with the Bill and Melinda Gates Foundation now giving enormous amounts of money to various causes but most notably with the poor and marginalized focused on health and education. What made him change? I don't know but whatever it was he appeared transformed by the experience (again, accourding to news reports). I've seen similar transformations in college students. They do something good, ethical, altruistic perhaps for selfish or narcissistic reasons or to just fulfill a requirement. Yet, the experience changes them for the better often making them more thoughtful, humble, and in solidarity with those who struggle.

So, I say bring on the altruism in the service of narcissism or in the service of any reason. We seem to live in a hopelessly broken world with so much need. We also seem to live in a mean spirited world too (just watch any cable news reports). Whatever altruism, kindness, and solidarity we can get, the better....for whatever reasons.

What do you think?

Should all elected officials sign an ethics pledge...and stick to it?

Thomas Plante, PhD., ABPP is Professor of Psychology and Director of the Spirituality and Health Institute at Santa Clara University.

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California's Prop 23 Would Put the Brakes on Clean Energy | View Clip
10/04/2010
Triple Pundit

With the state's unemployment rate stuck at around 12 percent, many Californians are suffering and desperate for a paycheck. Exploiting their pain, two Texas oil companies, a pair of out-of-state billionaires, and other backers of Proposition 23 hope to convince voters to effectively repeal California's landmark clean energy law in the name of protecting jobs.

In fact, passing Prop 23 would protect fossil fuel industry profits, not jobs, which explains why it is being bankrolled by the Valero and Tesoro Texas oil companies and a Kansas-based company owned by the Koch brothers who made their fortune in the oil and gas industries. Rather than protecting jobs, Prop 23 would indefinitely delay sensible measures to create a clean energy economy.

Prop 23's target, the Global Warming Solutions Act (AB 32), requires California to reduce emissions of heat-trapping pollution to 1990 levels by 2020, and it lays the groundwork for cost-effective means of achieving this goal, including market-based “cap and trade” regulation. As an economist who teaches environmental policy, I was delighted to see California adopt an approach that economists have urged for years—one that harnesses market incentives and competition to achieve pollution reductions at minimal cost.

What does clean energy mean for employment? The net impact on California's employment picture is likely to be so small as to be barely noticeable in the unemployment statistics. While some of our clean energy law's provisions will add to the short-term cost of doing business, most independent estimates find these costs to be quite modest. Offsetting these transitional impacts will be new “green jobs” in the renewable energy and energy efficiency sectors. Clean technology is a growth industry, and California has been a significant beneficiary of that growth. Venture capitalists poured $2.1 billion in “clean economy” investment capital into California in 2009 alone, 60 percent of the total in North America.

But the biggest reason that California's clean energy law will have little impact on the employment situation is that California's economic crisis is first and foremost a product of the financial crisis and the resulting global recession, not state energy policy. Why California's unemployment rate is higher than the national average is subject to debate, but likely suspects include the severity of California's real estate collapse, along with the poor fiscal condition of our state and local governments.

Prop 23 would create regulatory uncertainty that could compound the damage to California's economy for years. Regulations work best when they are stable and predictable, so businesses and consumers can make plans to adapt to them. Prop 23 would render such plans contingent on an unknowable future path of the state's labor market, creating unnecessary costs and further delays.

While California can't solve global warming on its own, we know our leadership is necessary and can make a difference. There are two reasons we must move forward. First, California is a huge economy and a significant source of global warming pollution in its own right. Second, what our state learns about clean energy alternatives and market-based climate policies will have a ripple effect well beyond our borders.

If global warming continues unchecked, the long-run impacts of coastal flooding, wildfires, and drought represent a serious threat to our economy and way of life. That's why when the Union of Concerned Scientists invited me to sign an open letter from more than 100 Ph.D. economists urging Californians not to delay implementing AB 32, I was glad to do so, and I urge you to join me in voting No on Prop 23 in November.

William A. Sundstrom is Professor of Economics at Santa Clara University. He teaches courses in microeconomics, economic history, labor economics, ethics and economic thought, and the history of economic thought. His research interests are in American economic history, especially the history of labor markets, and the economics of racial discrimination.

***

Our series on Proposition 23, sponsored by EOS Climate continues all month!

Categorized: Clean Tech, Climate Change, Investment & Markets, Policy & Government, Re

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California's Prop 23 Would Put the Brakes on Clean Energy | View Clip
10/04/2010
Triple Pundit

With the state's unemployment rate stuck at around 12 percent, many Californians are suffering and desperate for a paycheck. Exploiting their pain, two Texas oil companies, a pair of out-of-state billionaires, and other backers of Proposition 23 hope to convince voters to effectively repeal California's landmark clean energy law in the name of protecting jobs.

In fact, passing Prop 23 would protect fossil fuel industry profits, not jobs, which explains why it is being bankrolled by the Valero and Tesoro Texas oil companies and a Kansas-based company owned by the Koch brothers who made their fortune in the oil and gas industries. Rather than protecting jobs, Prop 23 would indefinitely delay sensible measures to create a clean energy economy.

Prop 23's target, the Global Warming Solutions Act (AB 32), requires California to reduce emissions of heat-trapping pollution to 1990 levels by 2020, and it lays the groundwork for cost-effective means of achieving this goal, including market-based “cap and trade” regulation. As an economist who teaches environmental policy, I was delighted to see California adopt an approach that economists have urged for years—one that harnesses market incentives and competition to achieve pollution reductions at minimal cost.

What does clean energy mean for employment? The net impact on California's employment picture is likely to be so small as to be barely noticeable in the unemployment statistics. While some of our clean energy law's provisions will add to the short-term cost of doing business, most independent estimates find these costs to be quite modest. Offsetting these transitional impacts will be new “green jobs” in the renewable energy and energy efficiency sectors. Clean technology is a growth industry, and California has been a significant beneficiary of that growth. Venture capitalists poured $2.1 billion in “clean economy” investment capital into California in 2009 alone, 60 percent of the total in North America.

But the biggest reason that California's clean energy law will have little impact on the employment situation is that California's economic crisis is first and foremost a product of the financial crisis and the resulting global recession, not state energy policy. Why California's unemployment rate is higher than the national average is subject to debate, but likely suspects include the severity of California's real estate collapse, along with the poor fiscal condition of our state and local governments.

Prop 23 would create regulatory uncertainty that could compound the damage to California's economy for years. Regulations work best when they are stable and predictable, so businesses and consumers can make plans to adapt to them. Prop 23 would render such plans contingent on an unknowable future path of the state's labor market, creating unnecessary costs and further delays.

While California can't solve global warming on its own, we know our leadership is necessary and can make a difference. There are two reasons we must move forward. First, California is a huge economy and a significant source of global warming pollution in its own right. Second, what our state learns about clean energy alternatives and market-based climate policies will have a ripple effect well beyond our borders.

If global warming continues unchecked, the long-run impacts of coastal flooding, wildfires, and drought represent a serious threat to our economy and way of life. That's why when the Union of Concerned Scientists invited me to sign an open letter from more than 100 Ph.D. economists urging Californians not to delay implementing AB 32, I was glad to do so, and I urge you to join me in voting No on Prop 23 in November.

William A. Sundstrom is Professor of Economics at Santa Clara University. He teaches courses in microeconomics, economic history, labor economics, ethics and economic thought, and the history of economic thought. His research interests are in American economic history, especially the history of labor markets, and the economics of racial discrimination.

***

Our series on Proposition 23, sponsored by EOS Climate continues all month!

Categorized: Clean Tech, Climate Change, Investment & Markets, Policy & Government, Re

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HUNDREDS OF CALIFORNIA PROSECUTORS COMMITTED MISCONDUCT WITH NO SANCTIONS ACCORDING TO NEW REPORT | View Clip
10/04/2010
Witness LA

HUNDREDS OF CALIFORNIA PROSECUTORS COMMITTED MISCONDUCT WITH NO SANCTIONS ACCORDING TO NEW REPORT

On Monday the Northern California Innocence Project and The Santa Clara University School of Law released the most comprehensive statewide study ever undertaken on the misconduct of public prosecutors in state and federal courts—and the news is not good.

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Justice on Trial | View Clip
10/04/2010
Crime Report, The

A landmark study released Monday identifies prosecutorial misconduct in California courts

In 2007, a California Court of Appeal set aside the murder conviction of Mark Sodersten because a Tulare County deputy district attorney had improperly withheld from the defense audiotapes of his interviews with a key witness.

The Appeals court personally listened to the tapes and concluded they contained dramatic evidence pointing to Sodersten's innocence. Based on this finding, the court vacated his conviction.

“This case,” the court declared, “raises the one issue that is the most feared aspect of our system—that an innocent man might be convicted.”

For Sodersten, however, the ruling came too late.

He had died in prison six months earlier, after spending 22 years behind bars. The prosecution had sought the death penalty, but the jury sentenced him to life without parole.

The ruling was one of 707 cases of prosecutorial misconduct uncovered in a year-long investigation by the Northern California Innocence Project (NCIP) at Santa Clara University School of Law.

The investigation, made public October 4, is the most in-depth statewide review of prosecutorial misconduct in the United States.

The investigation reviewed more than 4,000 state and federal appellate rulings, as well as scores of media reports and trial court decisions, covering the period 1997 through 2009, to produce a comprehensive analysis of publicly available cases of prosecutorial misconduct in California.

The NCIP study, conducted by Kathleen Ridolfi, NCIP executive director, and Maurice Possley, a Pulitzer Prize-winning journalist and currently a visiting research fellow at Santa Clara University School of Law, suggested that cases of prosecutorial misconduct averaged one a week over that 13-year period.

But that figure undoubtedly understates the total number of such cases. The 707 were just the cases identified in a review of appellate cases and a handful of others found through media searches and other means.

In another 282 cases examined by the NCIP, the courts did not decide whether prosecutors' actions were improper, finding that the trials were nonetheless fair.

The report details how prosecutors are rarely disciplined for their misconduct and how the courts fail to report it. The California State Bar rarely investigates such misconduct.

It expanded upon a study of prosecutorial misconduct conducted by Ridolfi after she was appointed to the California Commission on the Fair Administration of Justice in 2004.

The records show the California Bar did investigate the Sodersten case, but failed to take action. Even though Sodersten's death ordinarily would have ended the case, the Appeals Court took the unusual step of issuing a ruling anyway because of the importance of the issue:

“[W]hat happened in this case has such an impact upon the integrity and fairness that are the cornerstones of our criminal justice system that continued public confidence in that system requires us to address the validity of [Sodersten's] conviction despite the fact we can no longer provide a remedy for petitioner himself.”

The court concluded: “To do otherwise would be a disservice to the legitimate public expectation that judges will enforce justice. It would be a disservice to justice. Most of all, it would be a disservice to [Sodersten] who maintained his innocence despite a system that failed him.”

The prosecutor was never disciplined. Sodersten's attorney filed a formal complaint with the California State Bar, arguing that the prosecutor “asked a jury to kill a man based on a conviction he perverted.”

In April 2010, the State Bar closed the investigation, because “this office has concluded that we could not prove culpability by clear and convincing evidence”—even though the tapes the prosecutor wrongfully withheld included interviews with a key witness conducted by the prosecutor himself.

The prosecutor, Phillip Cline, has never been held responsible for his actions, and it is virtually certain that he never will. He has absolute immunity from any civil liability for his conduct as a prosecutor. Cline was elected District Attorney for Tulare County in 1992 and remains in that position today.

In the vast majority—548 of the 707 cases—courts found misconduct but nevertheless upheld the convictions, ruling that the misconduct was harmless. Only in 159 of the 707 cases—about 20 percent—did the courts find that the misconduct was harmful; in these cases they set aside the conviction or sentence, declared a mistrial or barred evidence.

The study shows that those empowered to address the problem—California state and federal courts, prosecutors and the California State Bar—repeatedly fail to take meaningful action. Courts fail to report prosecutorial misconduct (despite having a statutory obligation to do so), prosecutors deny that it occurred, and the California State Bar almost never disciplines it.

Significantly, of the 4,741 public disciplinary actions reported in the California State Bar Journal from January 1997 to September 2009, only ten involved prosecutors, and only six of these were for conduct in the handling of a criminal case. That means that the State Bar publicly disciplined only one percent of the prosecutors in the 600 cases in which the courts found prosecutorial misconduct and NCIP researchers identified the prosecutor.

Notably, some prosecutors have committed misconduct repeatedly. In the subset of the 707 cases in which NCIP was able to identify the prosecutors involved (600 cases), 67 prosecutors–11.2 percent—committed misconduct in more than one case. Three prosecutors committed misconduct in four cases, and two did so in five.

The report contains a series of recommendations aimed at reducing prosecutorial misconduct. These include:

* development of a course by the California District Attorneys Association, California Public Defenders Association and California Attorneys for Criminal Justice to address ethical issues that commonly arise in criminal cases;

* adoption by District Attorney offices of internal policies that do not tolerate misconduct, including establishing internal reviews of error;

*and adoption by District Attorney offices and law enforcement agencies of written exculpatory evidence policies.

Moreover, the report seeks expansion of judicial reporting to include any finding of “egregious” misconduct, as well as any constitutional violation by a prosecutor or defense attorney, regardless of whether it resulted in modification or reversal of the judgment. The report recommends that judges be required to list attorneys' full names in opinions finding misconduct.

And the report also recommends that the State Bar expand discipline for prosecutorial misconduct and increase disciplinary transparency.

The Northern California Innocence Project (www.ncip.scu.edu ) at Santa Clara University School of Law, founded in 2001, operates as a pro bono legal clinical program, where law students, clinical fellows, attorneys, pro bono counsel, and volunteers work to identify and provide legal representation to wrongfully convicted prisoners.

NCIP educates future attorneys, exonerates the innocent, and is dedicated to raising public awareness about the prevalence and causes of wrongful conviction. The project also promotes substantive legislative and policy reform through data-driven research and policy recommendations aimed at ensuring the integrity of our justice system.

For the full copy of the report , please click here.

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Report depicts misconduct at Calif. courthouses | View Clip
10/04/2010
ABC 7 Morning News at 5 AM - KGO-TV

Research by the Northern California Innocence Project shows cases of courthouse misconduct. (KGO Photo)

Tags:

crime, trials, non-profit, northern california, santa clara county, california news, karina rusk

More: Bio, E-mail, News Team

SAN JOSE, CA (KGO) -- Research by the Northern California Innocence Project shows cases of courthouse misconduct.

A new report out says prosecutors are going too far to get convictions and most of the time, they get away with it. That's according to the Northern California Innocence Project which on Monday released the results of a year of research.

Rick Walker spent 12 years in prison for a murder he didn't commit. In 1991, prosecutors had entered into a secret plea deal with the co-defendant in the case who lied when he implicated Walker as the killer.

Walker was released in 2003 with an apology and a monetary settlement from the state of California and Santa Clara County.

"My son was a boy when I went in and he was a man when I got out," he said.

Walker was on hand on when the Northern California Innocence Project released a comprehensive report on prosecutorial misconduct in California.

The Innocence Project at Santa Clara University School of Law reviewed 4,000 cases of alleged misconduct from 1997 to 2009.

"What we found is 707 cases where misconduct had occurred and those are court findings, not our findings, but judicial findings," Innocence Project Director Cookie Ridolfi said.

The Innocence Project report says of those more than 700 cases, the State Bar of California only publicly disciplined six prosecutors for misconduct.

The report argues that until prosecutors are held accountable for bad behavior, withholding evidence and other misconduct will continue to take place to win convictions.

"If they know they will be held accountable, I think there is hope there will be a fair amount of people that shape up. You are always going to have bad apples, it's a human society but until we have transparency, we can't have accountability," report co-author Maurice Possley said.

The State Bar of California responded to the report by issuing a two-page statement saying in part, "It is disciplining criminal prosecutors where appropriate and where the misconduct was willful and can be established by clear and convincing evidence."

The State Bar of California adds, "The issue is serious and needs attention and on that point, Walker couldn't agree more."

"Some of my worst days I have are, is thinking about some of the guys that are in prison today and I know they are innocent. I know it," he said.

The Innocence Project says it hopes its report will shed light on the need for reform.

crime, trials, non-profit, northern california, santa clara county, california news, karina rusk

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Study: Calif. Courts Discipline Fewer Than 1% of Prosecutors They Find Committed Misconduct | View Clip
10/04/2010
ABA Journal - Online

Print

The study, released today, examined more than 4,000 state and federal appellate decisions between 1997 and 2009 in which allegations of misconduct by prosecutors were raised.

The 113-page report, called “Preventable Error: A Report on Prosecutorial Misconduct in California 1997-2009” identified 707 cases in which the courts found that prosecutors had committed misconduct. However, the courts reversed only 159, or 22 percent, of those convictions—holding that the misconduct in the other 582 was harmless error. See the executive summary (PDF) of the report for more details.

Sixty-seven prosecutors were found to have committed misconduct more than once, according to the study, while three prosecutors committed misconduct in four cases and two prosecutors committed it in five cases.

In addition, the report states that the California State Bar Association has publicly disciplined only six prosecutors for misconduct during the past dozen years or less than one percent of the 707 times in which courts have found that prosecutors did commit misconduct.

Study co-author Kathleen Ridolfi, a law professor at Santa Clara University says “most prosecutors are doing their job ethically and professionally,” but that some prosecutors commit misconduct repeatedly because they know there is little chance they will be caught and even less likely they will be punished, especially because prosecutors have absolute immunity from civil liability.

“We have serious problems with prosecutorial misconduct in California, and it is not being addressed,” Ridolfi says. “These cases are just the tip of the iceberg.”

The study found that the prosecutorial misconduct occurred in all kinds of cases—from murder trials to DUIs. The two most common forms of misconduct were improper arguments to the jury—making inadmissible statements or improperly endorsing the credibility of witnesses—and failure to disclose exculpatory evidence.

The report recommends that prosecutors be required to take increased ethics training, that judges be required to report findings of prosecutorial misconduct to state bar disciplinary officials and that judges be required in their written opinions to identify by name prosecutors who commit misconduct.

California District Attorneys Association CEO Scott Thorpe says that his group plans to study the report, but cautions that "statistics can be manipulated to show anything." He points out that many of the appellate cases cited were actually tried in the 1980s and early 1990s, when the impact of the 1963 Brady v. Maryland decision was still evolving.

"A key problem with the study is that it doesn't differentiate between the levels of misconduct," says Thorpe. "There is a difference in the kinds of misconduct, which is why the courts found most of these cases to be harmless."

Thorpe also says that the district attorneys association also conduct significant amount of ethics and professionalism training for its prosecutors.

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Study: California Federal Prosecutors Committed Misconduct in 22 Cases over Past Decade | View Clip
10/04/2010
Main Justice - MainJustice

A report on the study by Northern California Innocence Project at Santa Clara University

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THAT IS ACCORDING TO SANTA CLARA UNIVERSITY OF LAW
10/04/2010
ABC 7 Weekend News at 5 PM - KGO-TV

ATTORNEYS REPRESENTING FORMER BART POLICE OFFICER MEHSERLE FILED A REQUEST FOR A NEW TRIAL IN LOS ANGELES. MEHSERLE FOUND GUILTY OF INVOLUNTARY MANSLAUGHTER IN THE 2009 SHOOTING DEATH OF OS SKOR OSCAR GRANT. PROSECUTORS STATE WIDE ARE WILLING TO WIN AT ANY COST REGARDLESS OF THE EVIDENCE. THAT IS ACCORDING TO SANTA CLARA UNIVERSITY OF LAW SCHOOL INNOCENCE PROJECT REVIEWING 4,000 CASES OF ALLEGED MISCONDUCT FROM 1997 TO 2009 AND FOUND 77 707 CASES OF MISCONDUCT INCLUDING A CASE OF A MAN SPENT 12 YEARS FOR A MURDER DID HE NOT COMMIT. HE LOST A CHANCE TO SEE HIS SON GROW UP. MY SON WAS A BOY WHEN I TWONT PRISON. WHEN I CAME OUT HE'S A MAN. AND I HAD VERY LITTLE TO DO WITH HIM BECOMING A MAN EXCEPT FOR PHONE CONVERSATIONS. THE STATE BAR RESPONDED AND SAYING IT TAKES THE ISSUE SERIOUSLY AND IS DISCIPLINING PROSECUTORS WHERE MISCONDUCT WAS WILL OOFL SAN FRANCISCO POLICE ARRESTED A MAN SUSPECTED OF SETTING SEVERAL PORT O POTTIES ON FIRE. BUT THEY DON'T BELIEVE HE'S RESPONSIBLE FOR A RASH OF SIMILAR FIRES IN THE CITY. 27 PORT O POTTIES SET ON FIRE BETWEEN 2008 AND 2009. THIS PAST WEEKEND, SEVEN TOILETS AND FOUR HAND WASHING STATIONS WERE DESTROYED AT A CONSTRUCTION AREA. A WITNESS SAW THE SUSPECT JUMP A FENCE, AND POLICE DETAINED HIM NOT FAR AWAY. US SUPREME COURT OPENED A NEW SESSION TODAY WITH A NEW JUSTICE, JUSTICE KAGA REPLACED JUSTICE JOHN PAUL STEVENS MARKING THE FIRST TIME THE PANEL INCLUDES THREE FEMALE JUSTICES. THE HIGH COURT TURNED DOWN HUNDREDS OF APPEALS INCLUDING ONE FROM FAMILIES KILLED IN THE SEPTEMBER 11th ATTACKS. THEY WANTED NEW YORK TO PROVIDE A PROPER BURIAL FOR REMAINS TAKEN FROM THE WORLD TRADE CENTER SITE. THE FEDERAL GOVERNMENT FILED SUIT AGAINST NATION'S THREE LARGEST CREDIT CARD COMPANIES AND SETTLED TWO OF THEM, AKUGS AMERICAN EXPRESS, VISA AND MASTERCARD IN ENGAGING IN ANTICOMPETITIVE PRACTICES CLAIMING THE COMPANIES IMPEDED MERCHANTS FROM PROMOTING THE USE OF COMPETING CARDS. AND THEY ANNOUNCED THE LAWSUITS OFFICIALS ANNOUNCED A PROPOSED SETTLEMENT WITH THE VISA AND MASTERCARD. AND TOYOTA SAYS IT'S FIXED FIVE MILLION VEHICLES IN THE UNITED STATES THAT HAVE BEEN PART OF THE COMPANY'S MASSIVE SAFETY RECALL. TOYOTA SAYS COMPLAINTS ABOUT UNINTENDED ACCELERATION PROBLEMS HAVE FALLEN SINCE APRIL. THE AUTO MAKER HAS BEEN WORKING TO REBUILD REPUTATIONS FOR SAFETY FOLLOWING A RECALL OF MORE THAN 10 MILLION VEHICLES BECAUSE OF ACCELERATION AND FLOOR MAT PROBLEMS. TOYOTA SAYS IT'S EXPANDING THE ROLE OF ENGINEERING TEAMS. AND THREE CONTRA COSTA COUNTY RESIDENTS BEING TREAT FORWARD WEST NILE VIRUS. TWO BIRDS FROM ANTIOCH AND BRENTWOOD TESTED POSITIVE FOR THE VIRUS. AND RESIDENTS ARE BEING URGED TO USE REPELLENT AND DRAIN STANDING WATER OR POOLS WHERE THEY MIGHT LIVE AND THRIVE. AND IT'S THAT TIME OF THE YEAR AGAIN. US NAVY'S FLYING TEAM, BLUE ANGEL ARRIVE FORWARD FLEET WEEK AND WILL PRACTICE THURSDAY AND FRIDAY AHEAD OF PERFORMANCES SATURDAY AND SUNDAY. THEY'RE EITHER NAVY OR MARINE CORPS JET PILOTS HAVE GONE THROUGH THE TOP GUN PROGRAM. THE MISSION OF THE BLUE AINEL ANGELS IS TO REPRESENT AVIATION, AND SERVE AS INTERNATIONAL AMBASSADORS OF GOODWILL. THEY'RE ALWAYS SPECTACULAR TO SEE IN PERSON. THE SKIES DID CLEAR A BIT. BUT IT'S COLD OUT THERE. IT'S A LITTLE CHILLY SANDHYA PATEL IS HERE. TONIGHT, FESTIVITIES GET UNDERWAY, WE'RE GOING TO CLEAR SKIES AND WARMING THINGS UP. IT'S GOING TO BE GREAT.

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THAT IS ACCORDING TO SANTA CLARA UNIVERSITY OF LAW
10/04/2010
ABC 7 News at 5 PM- KGO-TV

ATTORNEYS REPRESENTING FORMER BART POLICE OFFICER MEHSERLE FILED A REQUEST FOR A NEW TRIAL IN LOS ANGELES. MEHSERLE FOUND GUILTY OF INVOLUNTARY MANSLAUGHTER IN THE 2009 SHOOTING DEATH OF OS SKOR OSCAR GRANT. PROSECUTORS STATE WIDE ARE WILLING TO WIN AT ANY COST REGARDLESS OF THE EVIDENCE. THAT IS ACCORDING TO SANTA CLARA UNIVERSITY OF LAW SCHOOL INNOCENCE PROJECT REVIEWING 4,000 CASES OF ALLEGED MISCONDUCT FROM 1997 TO 2009 AND FOUND 77 707 CASES OF MISCONDUCT INCLUDING A CASE OF A MAN SPENT 12 YEARS FOR A MURDER DID HE NOT COMMIT. HE LOST A CHANCE TO SEE HIS SON GROW UP. MY SON WAS A BOY WHEN I TWONT PRISON. WHEN I CAME OUT HE'S A MAN. AND I HAD VERY LITTLE TO DO WITH HIM BECOMING A MAN EXCEPT FOR PHONE CONVERSATIONS. THE STATE BAR RESPONDED AND SAYING IT TAKES THE ISSUE SERIOUSLY AND IS DISCIPLINING PROSECUTORS WHERE MISCONDUCT WAS WILL OOFL SAN FRANCISCO POLICE ARRESTED A MAN SUSPECTED OF SETTING SEVERAL PORT O POTTIES ON FIRE. BUT THEY DON'T BELIEVE HE'S RESPONSIBLE FOR A RASH OF SIMILAR FIRES IN THE CITY. 27 PORT O POTTIES SET ON FIRE BETWEEN 2008 AND 2009. THIS PAST WEEKEND, SEVEN TOILETS AND FOUR HAND WASHING STATIONS WERE DESTROYED AT A CONSTRUCTION AREA. A WITNESS SAW THE SUSPECT JUMP A FENCE, AND POLICE DETAINED HIM NOT FAR AWAY. US SUPREME COURT OPENED A NEW SESSION TODAY WITH A NEW JUSTICE, JUSTICE KAGA REPLACED JUSTICE JOHN PAUL STEVENS MARKING THE FIRST TIME THE PANEL INCLUDES THREE FEMALE JUSTICES. THE HIGH COURT TURNED DOWN HUNDREDS OF APPEALS INCLUDING ONE FROM FAMILIES KILLED IN THE SEPTEMBER 11th ATTACKS. THEY WANTED NEW YORK TO PROVIDE A PROPER BURIAL FOR REMAINS TAKEN FROM THE WORLD TRADE CENTER SITE. THE FEDERAL GOVERNMENT FILED SUIT AGAINST NATION'S THREE LARGEST CREDIT CARD COMPANIES AND SETTLED TWO OF THEM, AKUGS AMERICAN EXPRESS, VISA AND MASTERCARD IN ENGAGING IN ANTICOMPETITIVE PRACTICES CLAIMING THE COMPANIES IMPEDED MERCHANTS FROM PROMOTING THE USE OF COMPETING CARDS. AND THEY ANNOUNCED THE LAWSUITS OFFICIALS ANNOUNCED A PROPOSED SETTLEMENT WITH THE VISA AND MASTERCARD. AND TOYOTA SAYS IT'S FIXED FIVE MILLION VEHICLES IN THE UNITED STATES THAT HAVE BEEN PART OF THE COMPANY'S MASSIVE SAFETY RECALL. TOYOTA SAYS COMPLAINTS ABOUT UNINTENDED ACCELERATION PROBLEMS HAVE FALLEN SINCE APRIL. THE AUTO MAKER HAS BEEN WORKING TO REBUILD REPUTATIONS FOR SAFETY FOLLOWING A RECALL OF MORE THAN 10 MILLION VEHICLES BECAUSE OF ACCELERATION AND FLOOR MAT OBLEMS. TOYOTA SAYS IT'S EXPANDING THE ROLE OF ENGINEERING TEAMS. AND THREE CONTRA COSTA COUNTY RESIDENTS BEING TREAT FORWARD WEST NILE VIRUS. TWO BIRDS FROM ANTIOCH AND BRENTWOOD TESTED POSITIVE FOR THE VIRUS. AND RESIDENTS ARE BEING URGED TO USE REPELLENT AND DRAIN STANDING WATER OR POOLS WHERE THEY MIGHT LIVE AND THRIVE. AND IT'S THAT TIME OF THE YEAR AGAIN. US NAVY'S FLYING TEAM, BLUE ANGEL ARRIVE FORWARD FLEET WEEK AND WILL PRACTICE THURSDAY AND FRIDAY AHEAD OF PERFORMANCES SATURDAY AND SUNDAY. THEY'RE EITHER NAVY OR MARINE CORPS JET PILOTS HAVE GONE THROUGH THE TOP GUN PROGRAM. THE MISSION OF THE BLUE AINEL ANGELS IS TO REPRESENT AVIATION, AND SERVE AS INTERNATIONAL AMBASSADORS OF GOODWILL. THEY'RE ALWAYS SPECTACULAR TO SEE IN PERSON. THE SKIES DID CLEAR A BIT. BUT IT'S COLD OUT THERE. IT'S A LITTLE CHILLY SANDHYA PATEL IS HERE. TONIGHT, FESTIVITIES GET UNDERWAY, WE'RE GOING TO CLEAR SKIES AND WARMING THINGS UP. IT'S GOING TO BE GREAT. AND LET ME GET YOU OUTSIDE. I WANT TO SHOW YOU WHAT IT LOOKS LIKE RIGHT NOW. YOU'RE LOOKING FROM OUR HEAVENLY CAMERA. YOU CAN SEE SKIES THERE, AND THEY'VE HAD RAIN, UNDER A WINTER STORM ADVISORY, BELIEVE OR NOT AT THIS HOUR. SO, THEY'RE GOING TO CONTINUE TO SEE THE POSSIBILITY OF SNOW HEADING INTO TOMORROW. SNOW, YOU HEARD RIGHT. HERE IS THE VIEW FROM OUR SAN JOSE CAMERA. IT'S A CHILLY 63 DEGREES. YOU CAN SEE CLOUD COVER THERE. ONE LAST SHOT. THERE IS A VIEW FROM OUR EAST BAY CAMERA, A LOT OF CLOUDS AROUND. HOLDING THE TEMPERATURES DOWN TODAY. AND ASSOCIATION WITH AN AREA OF LOW PRESSURE, BUT TOMORROW, WE'RE GOING TO START TO SEE IMPROVEMENT. THAT AREA OF LOW PRESSURE TRIGGERING THUNDERSTORMS ACROSS THE STATE. AS A MATTER OF FACT OVER 1300 STRIKES HAVE BEEN REPORTED. AND THERE IS AROUND THE CENTRAL SIERRA. IT'S SNOWING NOW.

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THE INNOCENCE PROJECT AT SANTA CLARA UNIVERSITY SCHOOL OF LAW REVIEWED 4,000 CASES OF ALLEGED MISCONDUCT FROM 1997-2009.
10/04/2010
ABC 7 News at 6 PM- KGO-TV

A MAN WHO TOOK AIM AT A FREMONT MOTORCYCLE OFFICER, STRUCK HIM WITH A STOLEN VAN. ABC 7 HAS BEEN ON THE STORY SINCE IT BROKE THIS MORNING. WHEN YOU SEE PICTURES OF THE MOTORCYCLE, IT'S NOW JUST A TWISTED PIECE OF METAL. AND HE UNDERWENT SURGERY THIS AFTERNOON ON HIS LEFT LEG. THAT WAS THE MOST SERIOUS INJURY SUFFERED OUT HERE TODAY. NOW, POLICE ARE FOLLOWING UP ON LEADS IN THE HUNT FOR THE MAN, THEY SAY HIT THE OFFICER, THEN RUN AWAY. THIS IS ALL THAT WAS LEFT OF THE MANGLED MOTORCYCLE. HOURS AFTER THE CRASH, IT WAS TOWED AS EVIDENCE. A FULL MANHUNT WAS UNDERWAY JUST BLOCK AS WAY. ARMED OFFICERS LET NO VEHICLES PASS WITHOUT INSPECTION. THEY BOARDED LOCAL BUSES AND STOPPED CARS INTO AND LEAVING THE CITY. POLICE HAD THEIR WEAPONS DRAWN, SCOURING FREMONT'S ROSEN PARKING LOTS ON FOOT TO HELP TRACE A SCENT OF A MAN THEY SAY TRAIL TRIED TO KILL ONE OF THEIR OWN. WE BELIEVE THIS WASN'T A TRAFFIC ACCIDENT. OKAY? THAT WHEN I SAY INTENTIONAL, THE OFFICER WAS STRUCK. BY THE SUSPECT. POLICE SAY THE VAN WAS STOLEN THIS MORNING AND AN EMPLOYEE ON A RUN IN THIS NEIGHBORHOOD LEFT IT UNATTENDED. THE OFFICER SPOTTED THE MAN JUST 15 MINUTES LATER AND HE STOPPED IN THE CENTER OF THE ROAD, POLICE SAY THAT IS WHEN THE DRIVER ACCELERATED, AIMING STRAIGHT FOR THE MOTORCYCLE. THE VAN DRAG ADD ROSS TWO LANES OF TRAFFIC STOPPING ONLY HE WAS PINNED BETWEEN THE VAN AND LIGHT. THERE IS A LOT OF BLOOD. AND IT TOOK HIM ABOUT 15 MINUTES TO EXTRACT HIM FROM THE VEHICLE. WE'RE WORRIED HE WASN'T GOING TO COME OUT. POLICE PLEES ARE STILL REELING FROM THE OFFICER SHOT, SHOT BY A KNOWN GANG MEMBER. HIS RECOVERY CONTINUES. POLICE SAY THIS OFFICER, A 10-YEAR VETERAN IS LUCKY TO BE ALIVE. HE WAS PINNED UNDER THE VAN, HE WAS ALERTED P ENOUGH TO RADIO FOR HIS AMBULANCE. THIS IS A DESCRIPTION OF THE MAN POLICE ARE LOOKING FOR, DESCRIBED AS LATINO, AND SIX FEET TALL WITH A MEDIUM BUILD, LAST SEEN WEARING A RED SWEAT SHIRT, BLUE JEANS AND A BLUE OR BLACK CAP. ANYONE WITH INFORMATION ON THIS SUSPECT'S WHEREABOUTS ARE ASKED TO CALL THE POLICE DEPARTMENT. ABC 7 NEWS. AND ATTORNEYS FOR FORMER BART OFFICER MEHSERLE ARE CITING NEW EVIDENCE IN FILING A REQUEST FOR A TRIAL TONIGHT. MEHSERLE FOUND GUILTY OF INVOLUNTARY MANSLAUGHTER IN A NEW YEAR'S EVE SHOOTING DEATH OF OSCAR GRANT IN A BART STATION LAST YEAR. MEHSERLE CLAIMS HE FIRED A GUN WHEN HE THOUGHT HE PULL AID TASER, ASKING FOR A SECOND TRIAL, HIS ATTORNEY CITED EVIDENCE AN OFFICER IN KENTUCKY MADE WHAT THEY CALLED A SAME TRAGIC MISTAKE AS MEHSERLE BUT NOT FOUND NEGLIGENT. AND A NEW REPORT SAYS PROSECUTORS ARE GOING TOO FAR TO GET CONVICTIONS AND MOST OF THE TIME THEY GET AWAY WITNESS. THAT IS ACCORDING TO NORTHERN CALIFORNIA INNOCENCE PROJECT TODAY RELEASED THE RESULTS OF A YEAR-LONG PROJECT. ABC 7 REPORTS ON A PROBLEM THEY SAY NEEDS MORE ATTENTION. Reporter: RICK WALKER SPENT 12 YEARS IN PRISON FOR A MURD YES HE DIDN'T COMMIT. IN 1991 PROSECUTORS ENTERED A DEAL A CO-DEFENDANT WHO LIED WHEN IMPLICATING I CAN RIK AS A KILLER, RICK WAS RELEASED IN 2003 WITH AN APOLOGY AND A MONETARY SETTLEMENT. MY SON WAS A BOY WHEN I TWONT PRISON. I CAME OUT, HE'S A MAN. RICK WAS ON HAND TODAY WHEN THE NORTHERN CALIFORNIA INNOCENCE PROJECT RELEASED A COMPREHENSIVE REPORT ON PROSECUTE YIL MISCONDUCT IN CALIFORNIA. THE INNOCENCE PROJECT AT SANTA CLARA UNIVERSITY SCHOOL OF LAW REVIEWED 4,000 CASES OF ALLEGED MISCONDUCT FROM 1997-2009. WE FOUND 707 CASES WHERE IT HAD OCCURRED. AND THAT IS COURT FINDINGS. AND THERE IS JUDICIAL FINDING AUTOS THIS REPORT SAYS OF THOSE, 700 CASES CALIFORNIA STATE BAR ONLY PUBLICLY DISPLINED SIX. THE REPORT ARGUES UNTIL PROSECUTORS ARE HELD ACCOUNTABLE, WITHHOLDING EVIDENCE AND OTHER MISCONDUCT WILL CONTINUE TO TAKE PLACE TO WIN CONVICTIONS. I THINK THERE IS A FAIR AMOUNT OF PEOPLE GOING SHAPE UP. YOU'RE GOING TO HAVE BAD APPLES. IT'S A HUMAN SOCIETY. BUT, I THINK THAT UNTIL WE HAVE TRANSPARENCY, WE SKRNT ACCOUNTABILITY. THE STATE BAR PRERESPONDED BY ISSUING A TWO-PAGE STATEMENT SAYING IT'S DISCIPLINING CRIMINAL PROSECUTORS WHERE APPROPRIATE, AND WHERE THE MISCONDUCT WAS WILLFUL, AND CAN BE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE.

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THE INNOCENCE PROJECT AT SANTA CLARA UNIVERSITY SCHOOL OF LAW REVIEWED 4,000 CASES OF ALLEGED MISCONDUCT FROM 1997-2009.
10/04/2010
ABC 7 News at 6 PM- KGO-TV

THE INNOCENCE PROJECT AT SANTA CLARA UNIVERSITY SCHOOL OF LAW REVIEWED 4,000 CASES OF ALLEGED MISCONDUCT FROM 1997-2009. WE FOUND 707 CASES WHERE IT HAD OCCURRED. AND THAT IS COURT FINDINGS. AND THERE IS JUDICIAL FINDING AUTOS THIS REPORT SAYS OF THOSE, 700 CASES CALIFORNIA STATE BAR ONLY PUBLICLY DISPLINED SIX. THE REPORT ARGUES UNTIL PROSECUTORS ARE HELD ACCOUNTABLE, WITHHOLDING EVIDENCE AND OTHER MISCONDUCT WILL CONTINUE TO TAKE PLACE TO WIN CONVICTIONS. I THINK THERE IS A FAIR AMOUNT OF PEOPLE GOING SHAPE UP. YOU'RE GOING TO HAVE BAD APPLES. IT'S A HUMAN SOCIETY. BUT, I THINK THAT UNTIL WE HAVE TRANSPARENCY, WE SKRNT ACCOUNTABILITY. THE STATE BAR PRERESPONDED BY ISSUING A TWO-PAGE STATEMENT SAYING IT'S DISCIPLINING CRIMINAL PROSECUTORS WHERE APPROPRIATE, AND WHERE THE MISCONDUCT WAS WILLFUL, AND CAN BE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE. THE STATE BAR ADDS THE ISSUE IS SERIOUS, AND NEEDS ATTENTION. ON THAT POINT, RICK WALKER COULDN'T AGREE MORE. SOME OF THE WORST DAYS I'VE HAD IS THINKING ABOUT SOME OF THE GUYS IN PRISON TODAY AND I KNOW THEY'RE INNOCENT. I KNOW IT. THE INNOCENCE PROJECT SAYS IT HOPES THE REPORT WILL SHED LIGHT ON NEED FOR REFORM. IN SANTA CLARA, ABC 7 NEWS. AND STATE AND LOCAL PROSECUTORS CHARGE AID FROOM YONT WOMAN IN A MAN IN A FORECLOSURE SCHEME TARGETING SPANISH SPEAKING HOMEOWNERS. THE 68-YEAR-OLD AND 67-YEAR-OLD EACH FACE 20 COUNTS OF FRAUD AND LEFT. DFSH THEFT. ACCORDING TO INVESTIGATORS SHE AND YOUNG PROMISED CLIENTS THEY'D STOP A BANK FROM FORECLOSING IN EXCHANGE FOR FEES OF $1500 OR MORE. SHE ENGAGED IN TAKE MONEY FROM PEOPLE WHO DIDN'T HAVE MONEY TO GIVE. IT WAS LIKE PROMISING A DROWNING PERSON RESCUE. THEY TOOK THEIR LAST BREATH, THEIR MONEY. PROSECUTORS SAY 11 FELL FOR THE SCHEME AND LOST THEIR HOMES WHEN SHE FAILED TO HELP THEM. SHE DID NOT ENTER A PLEA. THOUSANDS OF DOCUMENTS SHOW TENS OF MILLIONS OF WELFARE DOLLARS HAVE BEEN SPENT OUT OF STATE, SOME AT VACATION RESORTS. THE DISCOVER VERY LEADING TO NEW LEGISLATION TO PREVENT WELFARE ABUSE. WE'RE LIVE WITH MORE ON THE PLAN TO KEEP THAT MONEY IN CALIFORNIA. NANNETTE? WELL, ONE LAWMAKER IS CALLING FOR AN END TO TAXPAYER FUNDED VACATIONS AND HE CALLS IT FOR A WELFARE RECIPIENTS. SUPPORTERS SAY THAT IS JUST A PLOY, CALIFORNIA ALREADY HAS ONE OF THE LOWEST FRAUD RATES IN THE COUNTRY. THIS IS UNACCEPTABLE. WELFARE OFFICES IN CALIFORNIA HAVE BEEN JAM PACKED DURING THIS RECESSION WITH APPLICANTS NEEDING CASH ASSISTANCE FOR NEEDS LIKE FOOD AND SHELTER, NEW NEW LEGISLATION, WELFARE RECIPIENTS MAY HAVE TO TART SPENDING ONLY WITHIN THE STATE. A LOS ANGELES TIMES ANALYSIS FOUND $69 MILLION WAS SPENT OUTSIDE STATE LINES DURING A THREE AND A HALF YEAR PERIOD BEGINNING IN JANUARY, 2007. AND IN DESTINATIONS LIKE LAS VEGAS, HAWAII, AND CRUISE SHIPS IN FLORIDA CRITICS CALL THAT TAXPAYER FUNDED VACATIONS WHEN TAXPAYERS CAN'T AFFORD ONE. THESE ARE FOR FOLKS HURTING AND OUT OF A JOB. YOU CAN SEE MONEY SPENT ON A CRUISE, THEN, IT'S FRAUDULENT. BENEFITS ARE DEPOSITED ELECTRICITY ON TO CARDS THAT ARE USED LIKE A DEBIT CARD IN STORES, OR OWE WITHDRAW MONEY. THE ANALYSIS FOUND $12 MILLION WAS SPENT IN LAS VEGAS. $1.5 MILLION IN FLORIDA, 400,000S NDZ HAWAII AND $16,000 WITHDRAWN FROM ATMs ON CRUISE SHIPS.

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White House Internship Program Announces Fall 2010 Participants
10/04/2010
White House Bulletin

THE WHITE HOUSE

Office of Media Affairs

FOR IMMEDIATE RELEASE

October 4, 2010

White House Internship Program Announces Fall 2010 Participants

WASHINGTON, DC - The White House Internship Program announced today the incoming participants for the fall 2010 session. The program's mission is to make the White House accessible to future leaders all around the nation and cultivate and prepare those devoted to public service for future leadership opportunities.

A White House Internship provides a unique opportunity to gain valuable professional experience and build leadership skills. Interns work in one of several White House departments, including the Office of Cabinet Affairs, the Office of the Chief of Staff, the Office of Scheduling and Advance, the Office of Public Engagement and Intergovernmental Affairs, the Office of Health Reform, the Office of Legislative Affairs, the Office of Management and Administration, the Office of White House Counsel, the Office of Political Affairs, the Office of Energy and Climate Change, the National Economic Council, the Office of Presidential Correspondence, the Office of Presidential Personnel, the Communications Department, the Domestic Policy Council, the Office of the First Lady, and the Office of the Vice President.

Additional information about the White House Internship Program is available here: http://www.whitehouse.gov/about/internships/. The application for the Spring 2011 program is now on the website, and the deadline is October 10, 2010.

Fall 2010 White House Interns

The below list includes the fall 2010 White House interns, their hometowns and the higher education institution they most recently attended.

Ruth Adu-Gyamfi. Hometown: Bloomington, MN; University of Minnesota, MN.

Teresa Almanza. Hometown: Fennville, MI; Michigan State University, MI.

Nadiaa Ansari. Hometown: Edicott, NY; SUNY- Buffalo, NY.

Jeremy Avila. Hometown: San Jose, CA; UCLA-Law, CA.

Matthew Barnett. Hometown: Long Beach, CA; California State University, CA.

Noam Bar-Zemer. Hometown: Providence RI; Sarah Lawrence College, NY.

Mary Baskerville. Hometown: McLean, VA; James Madison, VA.

Emily Berret. Hometown: Sinking Spring, PA; Alvernia University, PA.

Noelle Beydoun. Hometown: Glendale, AZ; Arizona State University, AZ.

Eleanor Blume. Hometown: Berkley, CA; Wellesley College, CA.

Tramaine Brown. Hometown: Spartanburn, SC; Wofford College, SC.

Ryan Brown. Hometown: Austin, TX; University of Texas at Austin, TX.

Mark Callanan. Hometown: Fairport, NY; SUNY-Geneseo, NY.

Howard Campbell. Hometown: Mount Vernon, NY; Morehouse College, GA.

Cassandra Campbell. Hometown: Lorton, VA; Virginia State University, VA.

Alli Chandra. Hometown: Lincoln, NE; Harvard University, MA.

May Chiang. Hometown: Washington, DC; Georgetown University Law, DC.

Chynna Clayton. Hometown: Miami, FL; University of FL, FL.

Matthew Cohen-Price. Hometown: Oakland, CA; Goucher College, MD.

Priscilla Cortez. Hometown: Houston, TX; University of Texas at Austin, TX.

Stephanie Cotta. Hometown: Galt, CA; University of California Davis, CA.

Julie Crocker. Hometown: Franklin, KY; Centre College, KY.

Patrick Cunnane. Hometown: Jenkintown, PA; University of Miami, FL.

Casey Davis-Van Atta Hometown: Poughkeepsie, NY; Pomona College, CA.

Kelly Doohan. Hometown: Webster, NY; Stony Brook University, NY.

Clay Dumas. Hometown: Sherman Oaks, CA; Harvard College, MA.

Anup Engineer. Hometown: Charlotte, NC; North Carolina State University, NC.

Katherine Farley. Hometown: Rye, NY; Harvard University, MA.

Marvin Figueroa. Hometown: Bronx, NY; Harvard Graduate School, MA.

Tina Fletcher. Hometown: Plumerville, AR; University of Arkansas, AR.

Kyle Flood. Hometown: Arlington, VA; Ball State University, IN.

Matthew Foerster. Hometown: Silver Spring, MD; St. Mary's College, MD.

Victoria Foreman. Hometown: Austin, TX; University of Texas at Austin, TX.

Benjamin Forer. Hometown: Encino, CA; Syracuse University, NY.

Jonathan Gonzalez. Hometown: Elgin, IL; University of Illinois at Urbana-Champaign, IL.

Ximena Gonzalez. Hometown: Brownsville, TX; University of Texas at Austin, TX.

Kiren Gopal. Hometown: Aliso Viejo, CA; UCLA-Law, CA.

Lauren Goudeaux. Hometown: Fair Oaks, CA; California State University-Sacramento, CA

Jonathan Gould. Hometown: Newton, MA; Harvard College, MA.

Kyle Gracey. Hometown: Johnstown, PA; University of Chicago, IL.

Michelle Grau. Hometown: Newell, IA; Iowa State University, IA.

Guthrie Graves-Fitzsimmons. Hometown: Houston, TX; American University, DC.

Justin Greenberg. Hometown: Ashland, OR; Whitman College, WA.

Kyla Griffith. Hometown: East Dennis, MA; Boston University, MA.

Taylor Grove. Hometown: Oklahoma City, OK; UCLA-Law

Avery Halfon. Hometown: New York, NY; Stanford University, CA.

Bess Hanish. Hometown: Amherst, MA; Amherst College, MA.

Hannah Hankins. Hometown: Madison, MN; American University, DC.

Jordan Harp. Hometown: Nevada City, CA; UCLA, CA.

Anne Harris. Hometown: Hampton, VA; University of VA, VA.

Edward Haubrich. Hometown: Columbus, OH; University of Minnesota, MN.

Catherine Hendricks. Hometown: Alexandria, VA; Penn State University, PA.

Brian Highsmith. Hometown: Louisville, KY; Furman University, SC.

Timothy Hoffman. Hometown: Greenwood Village, CO; Bucknell University, PA.

Abby Hogan. Hometown: Bedford, NH; George Washington University, DC.

Emily Hogin. Hometown: Washington, D.C.; Harvard College, MA.

Frances Holuba. Hometown: Ho-Ho-Kus, NJ; University of Virginia, VA.

Samuel Houshower. Hometown: Berkeley, CA; UC Berkeley School of Law, CA.

Harut Hovsepyan. Hometown: Burbank, CA; University of Southern California Keck School of Medicine, CA.

Dane Hudson. Hometown: Beloit, WI; University of Iowa, IA

Scott Jacobs. Hometown: Farmington Hills, MI; University of Michigan, MI.

Zaina Javaid. Hometown: Monroe, MI; University of Michigan, MI.

Jill Jefferson. Hometown: Taylorsville, MS; University of Virginia, VA.

Rebecca Johnson-Stone. Hometown: Columbia, MD; University of Maryland University College, MD.

Randall Judt. Hometown: Largo, FL; George Mason University, VA.

Alexander Karjeker. Hometown: Houston, TX; Georgetown University, DC.

Leah Katz-Hernandez. Hometown: Montgomery Village, MD; Gallaudet University, DC.

Lauren Khouri. Hometown: Avon, OH; Saint Louis University, MS.

Lisa Kohn. Hometown: Skokie, IL; Washington University, MS.

Jacqueline Koo. Hometown: Tokyo, Japan; Georgetown University, D.C.

Danielle Lazarowitz. Hometown: New Haven, CN; New York University, NY.

Esther Lee. Hometown: Leavenworth KS; University of California, Davis School of Law, CA.

Gina Lee. Hometown: Upper Brookville, NY; Boston University, MA.

Sara Locke. Hometown: Clinton Township, MI; Kalamazoo College, MI.

Hilary Low. Hometown: South Pasadena, CA; University of California-Riverside, CA.

Alexander Maasry. Hometown: Woodside, CA; Stanford University, CA.

John Madans. Hometown: Los Angeles, CA; University of California-Berkeley, CA.

Ramzy Mardini. Hometown: Huber Heights, OH; University of Chicago, IL.

Rachel Martin. Hometown: Chelmsford, MA; George Washington University, DC.

Kevin McCarthy. Hometown: Belmont, MA; Harvard University, MA.

Jesse McCormick. Hometown: Wayland, MA; Tufts University, MA.

Camille McGirt. Hometown: Durham, NC; Hampton University, VA.

Michael McSwain. Hometown: Shelby, NC; Appalachian State University, NC.

Daniel Meurer. Hometown: La Canada, CA; Georgetown University, DC.

Kimberly Miller. Hometown: Jacksonville, FL; Florida State University, FL.

Matthew Miller. Hometown: Tacoma, WA; Gonzaga University, WA.

Spencer Millsap. Hometown: Austin, TX; Texas State University, TX.

Alex Mitchell. Hometown: Damascus, MD; George Mason University, VA.

Daniel Mullen. Hometown: Pittsburg, PA; University of Colorado at Boulder, CO.

Mark Munro. Hometown: Beaverton, OR; Claremont McKenna College, CA.

Ariel Murphy. Hometown: Ontario, CA; Dartmouth College, NH.

Ryan Nees. Hometown: Kokomo, IN; Yale University, CT.

Eugene Nho. Hometown: Bloomington, IN; Stanford University, CA.

Vera Maureen Njuguna. Hometown: Kent, WA; Seattle Pacific University, WA.

H. Savala Nolan. Hometown: Oakland, CA; University of California, Berkley Law, CA.

Conor O'Brien. Hometown: Granite Bay, CA; Santa Clara University, CA.

Claire Olszewski. Hometown: Potomac, MD; Northwestern University, IL.

Oscar Padilla. Hometown: El Paso, TX; University of Notre Dame, IN.

Blake Peterson. Hometown: Arroyo Seco, NM; London School of Economics, England, UK.

Damon Porter. Hometown: Washington, DC; University of Chicago, IL.

Lance Pyburn. Hometown: Comanche, TX; University of Texas at Austin, TX.

Antoinette Rangel. Hometown: The Bronx, NY; Northeastern University School of Law, MA.

Celia Rhoads. Hometown: Washington, DC; University of Michigan at Ann Arbor, MI.

Elspeth Rollert. Hometown: Chicago, IL; Georgetown University, DC.

Jonathan Ross-Harrington. Hometown: Stony Brook, NY; Yale University, CT.

Maxwell Samis. Hometown: Chesterfield, MO; University of Missouri, MO.

Roque Sanchez. Hometown: Los Lunas, NM; Rice University, TX.

Henry Schleifer. Hometown: Camden, DE; Brandeis University, MA.

Adam Scholl. Hometown: Washington, DC; Bard College, NY.

William Sealy. Hometown: New York, NY; College of William and Mary, VA.

Patrick Senat. Hometown: Brooklyn, NY; Wesleyan University, CT.

Joy Shanaberger. Hometown: Plymouth, MI; Columbia College Chicago, Chicago, IL.

Christina Sivret. Hometown: Barre, VT; University of Hawaii Law, HI.

Adrian Snead. Hometown: San Antonio, TX; George Washington University Law School, DC.

Rod Solaimani. Hometown: Acworth, GA; Georgetown University, DC.

Esmeralda Soria. Hometown: Lindsay, CA; University of California, Davis, CA.

Joseph St. George. Hometown: Youngstown, OH; The Catholic University of America, DC.

Shane Stephens-Romero. Hometown: Irvine, CA; University of California-Irvine, CA.

Molly Swenson. Hometown: Seattle, WA; Harvard University, MA.

Rebecca Targan. Hometown: West Bloomfield, MI; University of Michigan, MI.

Jason Tengco. Hometown: Merced, CA; University of California-Los Angeles, CA.

Matthew Texler. Hometown: Bowie, MD; University of Maryland-College Park, MD.

Daniel Tick. Hometown: Delmar, NY; Emerson College, MA.

Michael Tubbs. Hometown: Stockton, CA; Stanford University, CA.

Matt Tully. Hometown: Chicago, IL; Georgetown University, DC.

Elizabeth Tydings. Hometown: Ashburn, VA; University of Virginia, VA.

Joseph Unger. Hometown: Urbana, IL; Kalamazoo College, MI.

Josefina Villanueva. Hometown: Hammond, IN; Butler University, IN.

Lauren Vrazilek. Hometown: Agoura Hills, CA; University of California, Santa Barbara, CA.

Rachel Wallace. Hometown: Norfolk, VA; College of William and Mary, VA.

Emily Wazlak. Hometown: Queens, NY; Mount Holyoke College, MA.

Nicholas Wertsch. Hometown: St. Louis, MO; Georgetown University, DC.

Melissa Wiesner. Hometown: Durham, NC; Duke University, NC.

Randolph Wiggins. Hometown: Newark, NJ; UCLA-Law, CA.

Heather Wilkinson. Hometown: San Jose, CA; University of California-Los Angeles, CA.

Ashley Williams. Hometown: Tallahassee, FL; Georgetown University, DC.

Peter Wilson. Hometown: Staten Island, NY; George Washington University, VA.

Shannon Woods. Hometown: Burlington, IA; International Academy of Design and Technology-Chicago, IL.

Melissa Youssef. Hometown: Newport Coast, CA; Westmont College, CA.

Jonathan Zlotogorski. Hometown: New York, NY; The Hebrew University of Jerusalem, Israel.

The White House * 1600 Pennsylvania Avenue, NW * Washington DC 20500 * 202-456-1111

Copyright © 2010 Federal Information & News Dispatch, Inc.

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Brandi Chastain's magical final night on a soccer field in Santa Clara | View Clip
10/03/2010
Santa Cruz Sentinel - Online

Brandi Chastain hugs Mia Hamm after scoring a goal at Buck Shaw Stadium, Santa Clara University in Santa Clara Calif. on Saturday, October 02, 2010. Brandi Chastain said goodbye to professional soccer with a "testimonial game" with all her friends from the soccer world. (Jim Gensheimer/Mercury News)

The legends of women's soccer partied Saturday night like it was 1999.

Mia Hamm, Julie Foudy, Tiffeny Milbrett and many more soccer celebrities congregated at Buck Shaw Stadium to celebrate the illustrious career of San Jose's Brandi Chastain, the star of the '99 Women's World Cup finale.

They called it a testimonial game but for all intents and purposes this was a retirement party, one Chastain, 42, had hoped to have as a member of FC Gold Pride. But the local Women's Professional Soccer team didn't invite her to remain with the club this year.

So instead Chastain was given a send-off to the squealing delight of kids in soccer gear on a warm fall evening at Santa Clara University, where she once played and where the school retired her jersey in a ceremony on the field in front of several thousand fans.

"My heart was pumping," Chastain said of reuniting with some of her U.S. teammates. "It's almost indescribable how good they made me feel. So to do this one more time was a true gift."

When she stepped onto the pitch, many felt the nostalgic memories of Chastain's game-winning penalty kick in 1999 that helped the United States defeat China in front of 90,185 at the Rose Bowl in Pasadena. After her shot, the Archbishop Mitty alum landed on her knees, right hand gripping her white jersey, fists clinched, sweat-matted hair stuck to her neck and face filled with unabashed joy. But the most indelible image involved a black sports bra

exposed when a giddy Chastain unconsciously shed her jersey.

"I hate to admit it, she made me cry when she scored," said Eric Wynalda, a former San Jose Clash star who joined the festivities Saturday.

Chastain cried afterward while thanking fans and family for supporting her. "Every day you inspired me," she said, her left arm covering the tears leaking from her eyes.

But it will be the celebratory pose from 1999 that captures the essence of Chastain's 16-year career with the national team, a span that included two World Cup titles and two Olympic gold medals.

"That picture said so much about where we were as a game, what we felt as a team and where we wanted it to continue to go," said Hamm, one of the sport's most recognizable players. "Brandi was a huge part of that. She brought our sport to an audience we never thought possible."

True to Chastain's nature, she continued to mentor Saturday in a match that was decided, appropriately enough, on penalty kicks. The result, however, was irrelevant when the guest of honor made it about something bigger than herself. It served as a fundraiser for her ReachUp! Foundation, which supports causes promoting self-esteem for women.

Chastain and friends also held soccer clinics hours before the coed match. To no one's surprise, Chastain ran from group to group shouting encouragement.

"She just loves this game like no one I ever played alongside," Hamm said.

Chastain showed a group of about 30 youngsters how to juggle a soccer ball.

"When I was a kid growing up, I spent hours on my front lawn doing this," she told them.

While the event allowed a constellation of stars to dust off their soccer shoes, it had more to do with friendship. Many of these players have kids and lives beyond the field. They don't gather often but cherish the time when they bottled magic and bathed in the glory of a nation's adulation.

"I think of our times and I smile and I laugh and I cry all at the same time," said Foudy, a former Stanford star.

Chastain's retirement gave them the perfect moment to reminisce and rejoice. The perfect place to fete one of the South Bay's most influential sports figures.

It also was a chance for old friends to party into the night.

"Moms gone wild," Foudy said.

Just like 1999.

Contact Elliott Almond at 408-920-5865.

Return to Top



Brandi Chastain's magical final night on a soccer field in Santa Clara | View Clip
10/03/2010
Cupertino Courier - Online

Brandi Chastain hugs Mia Hamm after scoring a goal at Buck Shaw Stadium, Santa Clara University in Santa Clara Calif. on Saturday, October 02, 2010. Brandi Chastain said goodbye to professional soccer with a "testimonial game" with all her friends from the soccer world. (Jim Gensheimer/Mercury News)

The legends of women's soccer partied Saturday night like it was 1999.

Mia Hamm, Julie Foudy, Tiffeny Milbrett and many more soccer celebrities congregated at Buck Shaw Stadium to celebrate the illustrious career of San Jose's Brandi Chastain, the star of the '99 Women's World Cup finale.

They called it a testimonial game but for all intents and purposes this was a retirement party, one Chastain, 42, had hoped to have as a member of FC Gold Pride. But the local Women's Professional Soccer team didn't invite her to remain with the club this year.

So instead Chastain was given a send-off to the squealing delight of kids in soccer gear on a warm fall evening at Santa Clara University, where she once played and where the school retired her jersey in a ceremony on the field in front of several thousand fans.

"My heart was pumping," Chastain said of reuniting with some of her U.S. teammates. "It's almost indescribable how good they made me feel. So to do this one more time was a true gift."

When she stepped onto the pitch, many felt the nostalgic memories of Chastain's game-winning penalty kick in 1999 that helped the United States defeat China in front of 90,185 at the Rose Bowl in Pasadena. After her shot, the Archbishop Mitty alum landed on her knees, right hand gripping her white jersey, fists clinched, sweat-matted hair stuck to her neck and face filled with unabashed joy. But the most indelible image involved a black sports bra

exposed when a giddy Chastain unconsciously shed her jersey.

"I hate to admit it, she made me cry when she scored," said Eric Wynalda, a former San Jose Clash star who joined the festivities Saturday.

Chastain cried afterward while thanking fans and family for supporting her. "Every day you inspired me," she said, her left arm covering the tears leaking from her eyes.

But it will be the celebratory pose from 1999 that captures the essence of Chastain's 16-year career with the national team, a span that included two World Cup titles and two Olympic gold medals.

"That picture said so much about where we were as a game, what we felt as a team and where we wanted it to continue to go," said Hamm, one of the sport's most recognizable players. "Brandi was a huge part of that. She brought our sport to an audience we never thought possible."

True to Chastain's nature, she continued to mentor Saturday in a match that was decided, appropriately enough, on penalty kicks. The result, however, was irrelevant when the guest of honor made it about something bigger than herself. It served as a fundraiser for her ReachUp! Foundation, which supports causes promoting self-esteem for women.

Chastain and friends also held soccer clinics hours before the coed match. To no one's surprise, Chastain ran from group to group shouting encouragement.

"She just loves this game like no one I ever played alongside," Hamm said.

Chastain showed a group of about 30 youngsters how to juggle a soccer ball.

"When I was a kid growing up, I spent hours on my front lawn doing this," she told them.

While the event allowed a constellation of stars to dust off their soccer shoes, it had more to do with friendship. Many of these players have kids and lives beyond the field. They don't gather often but cherish the time when they bottled magic and bathed in the glory of a nation's adulation.

"I think of our times and I smile and I laugh and I cry all at the same time," said Foudy, a former Stanford star.

Chastain's retirement gave them the perfect moment to reminisce and rejoice. The perfect place to fete one of the South Bay's most influential sports figures.

It also was a chance for old friends to party into the night.

"Moms gone wild," Foudy said.

Just like 1999.

Contact Elliott Almond at 408-920-5865.

Return to Top



Contemporary Clinical Psychology, Second Edition | View Clip
10/03/2010
ARN - Online

"This new edition provides the reader with the latest developments in clinical psychology. An excellent text for introducing and motivating students to become well-informed consumers of clinical psychology information. Every chapter provides valuable information for mental health students entering the profession."

- Gerardo D. Canul, PhD

Clinical Psychologist and Lecturer, University of California, Irvine

Visiting Faculty, Graduate School of Psychology and Education, Pepperdine University

UP-TO-DATE INFORMATION AND INSIGHT ON BECOMING A CLINICAL PSYCHOLOGIST

Contemporary Clinical Psychology, Second Edition presents a broad-spectrum overview of clinical psychology. Featuring a detailed review of the history, scientific foundations, and theoretical orientation of the field as it highlights the activities, roles, and responsibilities of today's clinical psychologist, this realistic and practical "view from the inside" provides:

* Insights into prevention, ethics, evidence-based treatments, confidentiality laws and regulations including HIPAA, and countless other current issues

* Case studies detailing the theoretical conceptualization, assessment, and treatment of clients, along with discussions of testing, therapy, consultation, and ethics

* Chapter-ending "Big Picture" synopses and lists of key points and terms to ensure understanding of the material covered, as well as a unique "Real Students, Real Questions" section, featuring actual questions asked by clinical psychology students

* Firsthand input from a diverse cross section of professionals about embarking on a career in clinical psychology

* Current and future trends, plus a step-by-step "road map" that covers all aspects of becoming a clinical psychologist

Utilizing an integrative biopsychosocial approach throughout, this thoroughly revised text reflects a contemporary perspective of clinical psychology. Author Thomas Plante, a practicing clinician as well as college professor, draws on his own experience working with clients as well as his work as a mental health director and consultant to illustrate the real world of clinical psychology and provide an accurate picture of how science and practice function together in the day-to-day practice of psychology.

From general knowledge and information to specific topics, including modes of research and areas of specialization, Contemporary Clinical Psychology, Second Edition presents a comprehensive and engaging view of the art and science of clinical psychology. Designed for upper-level undergraduates and first-year graduate students,yet invaluable for virtually anyone pursuing a career in psychology or related fields, it provides a frank and contemporary portrayal of the dynamic field of clinical psychology from many different perspectives and in many different settings.

THOMAS G. PLANTE, PhD, is Professor of Psychology at Santa Clara University and a licensed psychologist with a private practice. In addition, he is an adjunct clinical associate professor of psychiatry and behavioral sciences at Stanford University.

Table of Contents

About the Author.

PART ONE: Foundations and Fundamentals.

Chapter 1: What Is Contemporary Clinical Psychology?

Chapter 2: Foundations and Early History of Clinical Psychology.

Chapter 3: Recent History of Clinical Psychology.

Chapter 4: Research: Design and Outcome.

Chapter 5: The Major Theoretical Models: Paving the Way toward Integration.

Chapter 6: Integrative and Biopsychosocial Approaches in Contemporary Clinical Psychology.

PART TWO: Roles and Responsibilities.

Chapter 7: Contemporary Psychological Assessment I: Interviewing and Observing Behavior.

Chapter 8: Contemporary Psychological Assessment II: Cognitive and Personality Assessment.

Chapter 9: Psychotherapeutic Interventions.

Chapter 10: Ten Essential Questions about Psychotherapy.

Chapter 11: Areas of Specialization.

Chapter 12: Consultative, Teaching, and Administrative Roles.

Chapter 13: Ethical Standards.

PART THREE: Where Is Clinical Psychology Going and Should I Go with It?

Chapter 14: Current and Future Trends and Challenges.

Chapter 15: Becoming a Clinical Psychologist: A Road Map.

Glossary.

Appendix: Ethical Principles of Psychologists and Code of Conduct 2002.

Photo Credits.

Author Index.

Subject Index.

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Create a Positive Image | View Clip
10/03/2010
Wall Street Journal

...about women entrepreneurs and engineers. Ms. Keng says it's part of her goal to create a positive public image for herself early on. "Maybe someone will look you up on Facebook before they actually meet you in person," says the 18-year-old freshman at Santa Clara University in northern California. "Once first impressions are through, it's really tough to get back from there." Ms. Keng is one of a growing number of young adults who understand the necessity of creating a professional persona...

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Facebook: Social Breadcrumbs in the Dock | View Clip
10/03/2010
ZDNet News

When you work in a large company there?s often an awareness that your email is accessible to your employer, so that communication method tends to be used very conservatively for business communication. This is based on past experience since email is a pretty mature medium these days, that most of literate society understands.

Since social networking is so new, the types of blunders people used to make with email - reply all insults to the boss, lewd jokes and pictures , and far more seriously letting the cat out of the bag on critical legal issues that can be subsequently discovered - are frequent in the new medium. Facebook?s open graph protocol encourages the proliferation of their ?Like? button on other sites around the web. From developers.facebook.com:

Including Open Graph tags on your Web page, makes your page equivalent to a Facebook Page. This means when a user clicks a Like button on your page, a connection is made between your page and the user. Your page will appear in the ?Likes and Interests? section of the user?s profile, and you have the ability to publish updates to the user. Your page will show up in same places that Facebook pages show up around the site (e.g. search), and you can target ads to people who like your content.

By clicking on a Facebook ?Like? button embedded in a website you?re visiting, you are also agreeing to share your social graph - ie all your personal Facebook content associated with your account - with the owners of that site in certain commercial situations. Facebook provides valuable analytics and demographic information at facebook.com/insights.

Insidefacebook.com tracks Facebook and the Facebook Platform for Developers and Marketers who are leveraging the medium, and need rich usage and behavior data. This valuable source of information for and about the social media marketing business also has some valuable broader insights.

Eric Goldman, an Associate Professor of Law at California?s Santa Clara University School of Law teaches Cyberlaw and Intellectual Property and researches Internet law, intellectual property, marketing, and the legal and social implications of new communication technologies. From his ?Goldman?s Observations? blog from this time last year: ?.I am now seeing a steady stream of cases where Facebook or MySpace postings are being used to contradict a litigant?s or witness? testimony in a court case. I think the following excerpt from People v. Franco, 2009 WL 3165840 (Cal. App. Ct. Oct. 5, 2009), where a jury convicted the defendant Franco of vehicular manslaughter with gross negligence, exemplifies what I?m seeing: At about 10:30 a.m. on June 6, 2006, Franco and Henry Chavez were seen racing each other in their Mustang vehicles on the Ventura Freeway, each reaching speeds of approximately 100 miles per hour. Franco applied her brakes while Chavez was directly behind her, causing him to lose control of his vehicle. The vehicle travelled to the other side of the freeway, flipped, and landed in a strawberry field. Chavez was killed. Franco did not stop.

Franco testified that she was driving approximately 75 miles an hour on the freeway when Chavez began tailgating her. When she changed lanes, he followed her. Noticing that her speed had increased, she tapped on her brakes to slow down. Chavez veered to avoid hitting her, then lost control of his vehicle. She saw a plume of dust but kept driving as her boyfriend advised when she called him on her cell phone. The day before the accident, however, Franco had written on her MySpace page, “If you find me on the freeway and you can keep up I have a really bad habit of racing random people.”

I know most of us already know this lesson, but this case reminds us that our statements on social networking sites can and will be used against us. It also reminds us how hard it?s becoming to maintain multiple persona?in this case, the in-court persona of being a safe and courteous driver while simultaneously maintaining an alternative persona as a ?secret? street racer. Notice this case is from actions the morning of June 6 2006 - myspace.com was the ?social media? fashion du jour back then. It will be a while before people earn what is in the public domain and to be more cautious in what they share online, as we do with our work email, but another cautionary note is sounded by Eric last month on his Technology & Marketing Law Blog: Deleted Facebook and MySpace Posts Are Discoverable?Romano v. Steelcase. (Eric?s a prodigious blogger!)

Pretty self explanatory title - I?m sure there are ever increasing pieces of evidence going through court systems all over the world relating to posts on social networks.

What has this to do with enterprise collaboration? Simply this: while many executives try to find the value of harnessing these types of technologies for their specific workplace needs, the fear of losing control of governance and information is a significant barrier to ?Facebook in the enterprise? style tools being taken seriously. There is clear value but also the threat of losing your career if your reports get caught up in ill advised online indiscretions.

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GETTING HER KICKS
10/03/2010
San Jose Mercury News

The legends of women's soccer partied Saturday night like it was 1999.

Mia Hamm, Julie Foudy, Tiffeny Milbrett and many more soccer celebrities congregated at Buck Shaw Stadium to celebrate the illustrious career of San Jose's Brandi Chastain, the star of the '99 Women's World Cup finale.

They called it a testimonial game but for all intents and purposes this was a retirement party, one Chastain, 42, had hoped to have as a member of FC Gold Pride. But the local Women's Professional Soccer team didn't invite her to remain with the club this year.

So instead Chastain was given a send-off to the squealing delight of kids in soccer gear on a warm fall evening at Santa Clara University, where she once played and where the school retired her jersey in a ceremony on the field in front of several thousand fans.

"My heart was pumping," Chastain said of reuniting with some of her U.S. teammates. "It's almost indescribable how good they made me feel. So to do this one more time was a true gift."

When she stepped onto the pitch, many felt the nostalgic memories of Chastain's game-winning penalty kick in 1999 that helped the United States defeat China in front of 90,185 at the Rose Bowl in Pasadena. After her shot, the Archbishop Mitty alum landed on her knees, right hand gripping her white jersey, fists clinched, sweat-matted hair stuck to her neck and face filled with unabashed joy. But the most indelible image involved a black sports bra exposed when a giddy Chastain unconsciously shed her jersey.

"I hate to admit it, she made me cry when she scored," said Eric Wynalda, a former San Jose Clash star who joined the festivities Saturday.

Chastain cried afterward while thanking fans and family for supporting her. "Every day you inspired me," she said, her left arm covering the tears leaking from her eyes.

But it will be the celebratory pose from 1999 that captures the essence of Chastain's 16-year career with the national team, a span that included two World Cup titles and two Olympic gold medals.

"That picture said so much about where we were as a game, what we felt as a team and where we wanted it to continue to go," said Hamm, one of the sport's most recognizable players. "Brandi was a huge part of that. She brought our sport to an audience we never thought possible."

True to Chastain's nature, she continued to mentor Saturday in a match that was decided, appropriately enough, on penalty kicks. The result, however, was irrelevant when the guest of honor made it about something bigger than herself. It served as a fundraiser for her ReachUp! Foundation, which supports causes promoting self-esteem for women.

Chastain and friends also held soccer clinics hours before the coed match. To no one's surprise, Chastain ran from group to group shouting encouragement.

"She just loves this game like no one I ever played alongside," Hamm said.

Chastain showed a group of about 30 youngsters how to juggle a soccer ball.

"When I was a kid growing up, I spent hours on my front lawn doing this," she told them.

While the event allowed a constellation of stars to dust off their soccer shoes, it had more to do with friendship. Many of these players have kids and lives beyond the field. They don't gather often but cherish the time when they bottled magic and bathed in the glory of a nation's adulation.

"I think of our times and I smile and I laugh and I cry all at the same time," said Foudy, a former Stanford star.

Chastain's retirement gave them the perfect moment to reminisce and rejoice. The perfect place to fete one of the South Bay's most influential sports figures.

It also was a chance for old friends to party into the night.

"Moms gone wild," Foudy said.

Just like 1999.

Contact Elliott Almond at 408-920-5865.

Copyright © 2010 San Jose Mercury News

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Viborg's Babajide Ogunbiyi aims high | View Clip
10/03/2010
Kickoff.com

Viborg's Ogunbiyi aims high

Viborg FF of Denmark defender Babajide Ogunbiyi is determined to use his first contact with European football as a learning curve to greater success.

The 23-year-old born in the USA to Nigerian parent's story is totally different from his more illustrious countrymen on the African continent.

He almost had a promising United States MLS contract, trialled at two English clubs, close to playing at the Olympics for Nigeria but ended up at Danish second division side Viborg FF.

But the almost man in Danish football is not only smart on and off the pitch but earning a spot on the notebook of scouts in Holland, Germany and neighbouring Sweden.

"Ultimately I want to play in the top league someday but I need to earn the right to be there - hopefully I will live that dream sooner rather than later," Ogunbiyi said on a windy Friday in Viborg.

"There's been a lot from collegiate football to my trial time in England and finally here in Denmark but I must confess that European football will direct my career positively."

The right direction is where the man is aiming, standing at a towering 6ft 4 inch tall, Ogunbiyi moved from striker to centerback late in his collegiate career at Santa Clara University.

During his college career he appeared in 77 games scoring 11 goals and recording 8 assists.

As a defender he helped Santa Clara to consecutive West Coast Conference titles and three NCAA Tournament appearances.

On the later stage of his time as a collegiate player Ogunbiyi however played forward during his college career, recording 6 goals in 2007.

Ogunbiyi was drafted in the second round (18th overall) of the 2009 MLS SuperDraft by New York Red Bulls and had been offered a contract with Major League soccer side New York Red Bulls but stated he wants to play in Europe.

Then the journey to England where he had trials at Football League One clubs Leeds United and Oldham Athletic ended in a flash.

"Contrary to what was written in some section of the media, it was all about the UK work permit than my talent or performance," he explained.

"I took it all in my stride because I never knew the obstacle [work permit] was there but I have moved on and learning the ropes at Viborg.

At Viborg, a team he joined in March 2010, his performance has been the talk of the division, with commanding presence at the back catching the attention of the big teams in the Sas Ligaen and his attacking foray resulting in two goals in nine appearances.

Five man of the match awards and thrice named in the team of the week in that division, Ogunbiyi is well aware that all these counts for nothing if he takes his feet of the pedal.

"I've been reading about it but it only gives me the impetus to want to do more and be a better player.

"When you get carried away then you lose your focus, it was the same thing they said about me during college days but I am glad I opted strong for academics and a lot happier I have it to guide me along the way.

The tall defender trained with the Nigerian team and was part of their 2008 Olympic team pool before he was left out of the final squad.

But after several disappointments along the way, this seldom defender who can use both feet is banking on his talent to take him where he wants to be.

"Samson Siasia gave me a chance then because he saw something in me and that has been the inspiration to self-belief," he added.

"The aim is to be in any top division next season. Take my game to a greater height and watch God take control from there."

His belief that he might be playing in the top league soon may be considered by some as unrealistic.

But after that entire odyssey seeking football success in addition to his academic one, the next five years could prove to be a fine time in the life of Babajide Ogunbiyi.

Colin Udoh

ColinUdoh: Infostrada (I think) did mention last week that Arsenal's losses come in pairs. . . Good news is, their next game is a home win (Birmingham)

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AND THIS IS ERIC GOLDMAN, AN ASSOCIATE PROFESSOR AT THE HIGH TECH LAW INSTITUTE IN SANTA CLARA UNIVERSITY SPECIALIZING IN AN AREA LIKE THIS.
10/02/2010
KRON 4 Morning News - KRON-TV

WELCOME BACK, THERE'S BEEN A GREAT DEAL OF DISCUSSION ON THE TRAGIC STORY OF WRECKERS STUDENT CAPTURED ON ASEXUAL SEEN AT-RUTGERS THAT IS AN EXTREME CASE OF USING THE INTERNET FOR MISUSING THE INTERNET. AND THE FACT IS THAT EVERY DAY PEOPLE ARE POSTING THINGS ONLINE. AND THAT CAN BE DAMAGING TO OTHER PEOPLE AND CAN ALSO BE DAMAGING TO THEMSELVES. IN FACT, YOU COULD BE SIGNIFICANTLY LIABLE, FINANCIALLY FOR WHAT YOU DO ON THE INTERNET. AND THIS IS ERIC GOLDMAN, AN ASSOCIATE PROFESSOR AT THE HIGH TECH LAW INSTITUTE IN SANTA CLARA UNIVERSITY SPECIALIZING IN AN AREA LIKE THIS. WHAT TYPE OF THINGS CAN I POST ON LINE ON GET ME ON TROUBLE? THEY'RE NOT ALLOWED TO PUBLISH CONTENT WITH THE WORLD AT LARGE. CERTAINLY, THERE ARE TYPES OF THINGS WERE PUBLISHING CONTENT COULD CREATE SIGNIFICANT LIABILITY. TWO OF THE OBVIOUS ONES IS A DEFAMATION, AND ALSO COPYRIGHT INFRINGEMENT. TAKING THE PULSE OF THEIR WORK AND REPUBLISH IT. ADVICE RACHEL IS A JERK? IN THEORY, YES, YOU COULD. AND IF I SAID THAT SHE IS A JERK? AND YES, CALLING SOMEBODY A JERK. AND WE WOULD CALL THAT AN OPINION. EVEN THOUGH I KNOW IT IS A FACT? SOMETIMES WE STRONGLY BELIEVE IN OUR VIEW IS [LAUGHTER] AND WHAT IS SOMETHING THAT COULD GET ME INTO TROUBLE A QUESTION MARK AND I SAID THAT IF I THOUGHT JOE WAS TAKING $20 OF THE CASH REGISTER. THAT IS THE SAME AS CALLING SHOW A THIEF. AND IF IT IS A FACTUAL STATEMENT IS ENOUGH TO BE TESTABLE. IS TESTABLE AND WRONG? IT CAN CREATE, LIABILITY. AND THERE ARE CASES OF PEOPLE BEING THIS USED CAR COMPANY RIPPED ME OFF. AND THEY ARE CROOKS AND THE BOOK IT SUED FOR THIS. THE CAUSE OF DEFAMATION IS NOT AS EASY TO CHARACTERIZE. AND WHAT IS A CLEAR STATEMENT OF FACT, OPINION THAT IS A BIT, GRAY AREA. THERE HAS BEEN A LITIGATION OF THE GREENBACK AREA. AND I'M NOT SURE OF MY OPINIONS BUT YET, THE-GRAY AREA. AND THE PLIGHT OF KNOW THAT YOU ARM HARMING MY BUSINESS BY SELLING NOTES AND NECK AND-YOU ARE HARMING MY BUSINESS BY SAYING THOSE COMMENTS. AND EVEN IF IT IS NOT BROUGHT TO A GUILTY VERDICT, THERE COULD STILL HAVE STEEP LEGAL FEES? PANEL HOMEOWNER'S INSURANCE COVERS THAT? YES, SOME HOMEOWNERS INSURANCE COVERS THAT. THERE COULD BE COVERAGE PROVIDED FOR DEFAMATION CLAIMS AGAINST THEM. EVEN THEN, IT MAY NOT BE ADEQUATE. AND MOST OF US ARE NOT SPENDING OUR LIVES IN COURT. AND BUT I PUT SOMETHING KRON 4 YELP ON YELP AND COULD I PUT THAT HAVE BEEN SUED? YES. ANONYMOUS? THE THEORY OF ANONYMITY ON THE INTERNET IS NOT EXACTLY BLACK-AND-WHITE. IT IS TRULY NOT A MISS STANDARD, THE 40'S WILL BE ABLE TO FIND OUT WHO IT IS AND THE COURT CAN ACTUALLY ORDER WEBSITES AND IF THE THEY CAN ORDER THE WEBSITES TO DIG IN AND FIND OUT WHO THIS PERSON IS? IS THAT CORRECT? AND YES, THAT IS CORRECT. THERE IS A LOT OF DATA TRAILS THROUGH ORDINARY COURSE OF USING THE INTERNET. MUCH OF THAT INFORMATION IS LOOKING FOR PLAINTIFFS ONLOOKING WHO SAID IT. AND EVEN THINGS YOU DELETED FROM FACEBOOK TO BE ON DELETED IF THE JUDGE SAYS THE WAY TO FIND IT? YES, IF THE SERVICE PROVIDER HAS THAT DATA? THE JUDGE CAN REQUEST THAT THE DATA. IS A JUMBLE OF THERE, LIVE IS IN GENTLEMAN. ERIC GARDNER IS GOLDEN THIS A SITE ERICGOLDMAN. ORG [ Son ] MY PARENTS HAVE ALWAYS LIVED IN THE STATES.

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AND THIS IS ERIC GOLDMAN, AN ASSOCIATE PROFESSOR AT THE HIGH TECH LAW INSTITUTE IN SANTA CLARA UNIVERSITY SPECIALIZING IN AN AREA LIKE THIS.
10/02/2010
KRON 4 Morning News - KRON-TV

WELCOME BACK, THERE'S BEEN A GREAT DEAL OF DISCUSSION ON THE TRAGIC STORY OF WRECKERS STUDENT CAPTURED ON ASEXUAL SEEN AT-RUTGERS THAT IS AN EXTREME CASE OF USING THE INTERNET FOR MISUSING THE INTERNET. AND THE FACT IS THAT EVERY DAY PEOPLE ARE POSTING THINGS ONLINE. AND THAT CAN BE DAMAGING TO OTHER PEOPLE AND CAN ALSO BE DAMAGING TO THEMSELVES. IN FACT, YOU COULD BE SIGNIFICANTLY LIABLE, FINANCIALLY FOR WHAT YOU DO ON THE INTERNET. AND THIS IS ERIC GOLDMAN, AN ASSOCIATE PROFESSOR AT THE HIGH TECH LAW INSTITUTE IN SANTA CLARA UNIVERSITY SPECIALIZING IN AN AREA LIKE THIS. WHAT TYPE OF THINGS CAN I POST ON LINE ON GET ME ON TROUBLE? THEY'RE NOT ALLOWED TO PUBLISH CONTENT WITH THE WORLD AT LARGE. CERTAINLY, THERE ARE TYPES OF THINGS WERE PUBLISHING CONTENT COULD CREATE SIGNIFICANT LIABILITY. TWO OF THE OBVIOUS ONES IS A DEFAMATION, AND ALSO COPYRIGHT INFRINGEMENT. TAKING THE PULSE OF THEIR WORK AND REPUBLISH IT. ADVICE RACHEL IS A JERK? IN THEORY, YES, YOU COULD. AND IF I SAID THAT SHE IS A JERK? AND YES, CALLING SOMEBODY A JERK. AND WE WOULD CALL THAT AN OPINION. EVEN THOUGH I KNOW IT IS A FACT? SOMETIMES WE STRONGLY BELIEVE IN OUR VIEW IS [LAUGHTER] AND WHAT IS SOMETHING THAT COULD GET ME INTO TROUBLE A QUESTION MARK AND I SAID THAT IF I THOUGHT JOE WAS TAKING $20 OF THE CASH REGISTER. THAT IS THE SAME AS CALLING SHOW A THIEF. AND IF IT IS A FACTUAL STATEMENT IS ENOUGH TO BE TESTABLE. IS TESTABLE AND WRONG? IT CAN CREATE, LIABILITY. AND THERE ARE CASES OF PEOPLE BEING THIS USED CAR COMPANY RIPPED ME OFF. AND THEY ARE CROOKS AND THE BOOK IT SUED FOR THIS. THE CAUSE OF DEFAMATION IS NOT AS EASY TO CHARACTERIZE. AND WHAT IS A CLEAR STATEMENT OF FACT, OPINION THAT IS A BIT, GRAY AREA. THERE HAS BEEN A LITIGATION OF THE GREENBACK AREA. AND I'M NOT SURE OF MY OPINIONS BUT YET, THE-GRAY AREA. AND THE PLIGHT OF KNOW THAT YOU ARM HARMING MY BUSINESS BY SELLING NOTES AND NECK AND-YOU ARE HARMING MY BUSINESS BY SAYING THOSE COMMENTS. AND EVEN IF IT IS NOT BROUGHT TO A GUILTY VERDICT, THERE COULD STILL HAVE STEEP LEGAL FEES? PANEL HOMEOWNER'S INSURANCE COVERS THAT? YES, SOME HOMEOWNERS INSURANCE COVERS THAT. THERE COULD BE COVERAGE PROVIDED FOR DEFAMATION CLAIMS AGAINST THEM. EVEN THEN, IT MAY NOT BE ADEQUATE. AND MOST OF US ARE NOT SPENDING OUR LIVES IN COURT. AND BUT I PUT SOMETHING KRON 4 YELPON YELP AND COULD I PUT THAT HAVE BEEN SUED? YES. ANONYMOUS? THE THEORY OF ANONYMITY ON THE INTERNET IS NOT EXACTLY BLACK-AND-WHITE. IT IS TRULY NOT A MISS STANDARD, THE 40'S WILL BE ABLE TO FIND OUT WHO IT IS AND THE COURT CAN ACTUALLY ORDER WEBSITES AND IF THE THEY CAN ORDER THE WEBSITES TO DIG IN AND FIND OUT WHO THIS PERSON IS? IS THAT CORRECT?

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CRIME | THE INTERNET: Criminals increasingly using Craigslist, Miami-Dade police say
10/02/2010
Miami Herald, The

When she wanted to hawk her cellphone, 17-year-old Rosa Zelaya of Hialeah turned to the ever-popular website Craigslist.

But instead of cash, two thugs stole her phone and fired a bullet at her.

Rosa is one of a dozen people this year alone who Miami-Dade police say were victimized by criminals they met through the ubiquitous buy-and-sell website. Ten cases resulted in arrests.

To steal everything from iPhones to concert tickets to video game consoles, criminals are increasingly using Craigslist.com to arrange the robberies of unsuspecting victims, police said.

In Rosa's case, she posted her HTC HD2 phone for sale for $450 on the website in June. An affable young man sent her boyfriend, Kevin Rodriguez , a text message inquiring about the cellphone.

But the man claimed he didn't have a car, and asked if the couple could meet him in front of a house in the 1000 block of Northwest 106th Street. Wary of the neighborhood but not suspicious enough, the couple took some friends along and drove to the house.

At gunpoint, police say, Jeffry Saintil, 17, and Kareen Bowles , 17, then robbed them of the phone. When the teens tried following the robbers, one of them shot at their car and missed.

Saintil and Bowles are now jailed, awaiting trial for armed robbery. The suspects were arrested at the same meeting place -- actually an abandoned house, police said.

TRUST ISSUES

``The lesson is, don't go on Craigslist unless you meet the person in a public place,'' Rosa said. ``Don't trust anybody, even if they sound nice.''

As its reach has grown in recent years, Craigslist has come under closer scrutiny for its use by criminals, including robbers, prostitutes and thieves looking to peddle their stolen goods.

The most high-profile case was that of former Boston medical student Philip Markoff , accused of murdering a masseuse he met through Craigslist. Markoff, while in jail, killed himself in August before standing trial.

In response to the wave of publicity -- and outcry from state attorneys general -- Craigslist pulled its ``adult services'' ads from the site.

In a high-profile Craigslist case last month, a Miami-Dade police detective shot and critically wounded suspected robber Marcus Rogers , 18, during a confrontation at the teen's home in the 1800 block of Northwest 45th Street.

According to police, Rogers had earlier robbed two men from Palm Beach County who had agreed to meet him in Miami, thinking he was going to sell them a used Honda .

Police stress that buyers and sellers should meet only in well-lit, public places.

``You have to be careful. Victims are being asked to go to a residence or a secluded place at night. Obviously, we recommend against that,'' said Miami-Dade Detective Aida M. Fina-Milian , a police spokeswoman.

INHERENT RISKS

Eric Goldman , director of the Santa Clara University School of Law's High Tech Institute , said buyers should be wary of buying smaller items such as phones and electronics from the site.

``Buying and selling on Craigslist has inherent risks, as opposed to an online retailer or eBay, where sellers have well-developed reputations,'' Goldman said.

But he noted that most Craigslist users are honest, and customers should simply use common sense.

``Craigslist is not an ideal place for criminals because buyers and sellers exchange a lot of information about each other,'' he said, adding: ``It doesn't sound like we have the most savvy criminals.''

Police say those less-than-savvy robbers include Marcelo Peña, 18, who was arrested on a robbery charge after meeting Nicolas Portuando, 20, in front of Devon Aire Elementary in South Miami-Dade on the night of March 10.

Portuando was to sell him a $100 ticket for Miami's Ultra music festival.

But Peña snatched the ticket from Portuando's hand and drove off, knocking Portuando down and scraping him up, police said.

Within hours, investigators tracked Peña down with the obvious evidence: Portuando had the suspect's phone number stored in his cellphone.

``I haven't posted anything else on Craigslist, just for the fact you never know who you're going to be dealing with,'' Portuando said.

Miami Herald staff writer Jennifer Lebovich contributed to this report.

Copyright © 2010 McClatchy-Tribune Information Services

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Criminals increasingly using Craigslist, Miami-Dade police say | View Clip
10/02/2010
TMCnet.com

Oct 02, 2010 (The Miami Herald - McClatchy-Tribune Information Services via COMTEX) -- When she wanted to hawk her cellphone, 17-year-old Rosa Zelaya of Hialeah turned to the ever-popular website Craigslist. But instead of cash, two thugs stole her phone and fired a bullet at her. Rosa is one of a dozen people this year alone who Miami-Dade police say were victimized by criminals they met through the ubiquitous buy-and-sell website. Ten cases resulted in arrests. To steal everything from iPhones to concert tickets to video game consoles, criminals are increasingly using Craigslist.com to arrange the robberies of unsuspecting victims, police said. In Rosa's case, she posted her HTC HD2 phone for sale for $450 on the website in June. An affable young man sent her boyfriend, Kevin Rodriguez, a text message inquiring about the cellphone. But the man claimed he didn't have a car, and asked if the couple could meet him in front of a house in the 1000 block of Northwest 106th Street. Wary of the neighborhood but not suspicious enough, the couple took some friends along and drove to the house. At gunpoint, police say, Jeffry Saintil, 17, and Kareen Bowles, 17, then robbed them of the phone. When the teens tried following the robbers, one of them shot at their car and missed. Saintil and Bowles are now jailed, awaiting trial for armed robbery. The suspects were arrested at the same meeting place -- actually an abandoned house, police said. switch (VarBucketNo) TRUST ISSUES "The lesson is, don't go on Craigslist unless you meet the person in a public place," Rosa said. "Don't trust anybody, even if they sound nice." As its reach has grown in recent years, Craigslist has come under closer scrutiny for its use by criminals, including robbers, prostitutes and thieves looking to peddle their stolen goods. The most high-profile case was that of former Boston medical student Philip Markoff, accused of murdering a masseuse he met through Craigslist. Markoff, while in jail, killed himself in August before standing trial. In response to the wave of publicity -- and outcry from state attorneys general -- Craigslist pulled its "adult services" ads from the site. In a high-profile Craigslist case last month, a Miami-Dade police detective shot and critically wounded suspected robber Marcus Rogers, 18, during a confrontation at the teen's home in the 1800 block of Northwest 45th Street. According to police, Rogers had earlier robbed two men from Palm Beach County who had agreed to meet him in Miami, thinking he was going to sell them a used Honda. Police stress that buyers and sellers should meet only in well-lit, public places. "You have to be careful. Victims are being asked to go to a residence or a secluded place at night. Obviously, we recommend against that," said Miami-Dade Detective Aida M. Fina-Milian, a police spokeswoman. INHERENT RISKS Eric Goldman, director of the Santa Clara University School of Law's High Tech Institute, said buyers should be wary of buying smaller items such as phones and electronics from the site. "Buying and selling on Craigslist has inherent risks, as opposed to an online retailer or eBay, where sellers have well-developed reputations," Goldman said. But he noted that most Craigslist users are honest, and customers should simply use common sense. "Craigslist is not an ideal place for criminals because buyers and sellers exchange a lot of information about each other," he said, adding: "It doesn't sound like we have the most savvy criminals." Police say those less-than-savvy robbers include Marcelo Pena, 18, who was arrested on a robbery charge after meeting Nicolas Portuando, 20, in front of Devon Aire Elementary in South Miami-Dade on the night of March 10. Portuando was to sell him a $100 ticket for Miami's Ultra music festival. But Pena snatched the ticket from Portuando's hand and drove off, knocking Portuando down and scraping him up, police said. Within hours, investigators tracked Pena down with the obvious evidence: Portuando had the suspect's phone number stored in his cellphone. "I haven't posted anything else on Craigslist, just for the fact you never know who you're going to be dealing with," Portuando said. Miami Herald staff writer Jennifer Lebovich contributed to this report.

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Self-awareness is power
10/02/2010
The Business Times (Singapore)

BUY-AND-HOLD investing came in for a hammering with the crisis of 2008, as did diversification. Thanks to deep losses in the recent downturn, more advisers have begun to trade client portfolios more actively at the margins, an exercise called 'tactical' asset allocation - or, to put it more plainly, market timing.

But this practice came in for a beating at a talk earlier this week at the Private Wealth Management Conference organised by the CFA Institute.

In a talk laced with humour, Meir Statman, Glenn Klimek professor of Finance at Santa Clara University, had a very clear message for investors and advisers. Prof Statman's research focuses on behavioural finance.

The first lesson, he says, is to know yourself, your goals, and errors. The second is to assure yourself by knowing not just the science of financial markets and instruments, but also the science of human behaviour.

He likens financial advisers to financial physicians. 'Physicians take care of your health, and financial advisers your wealth and well being . . . Good financial advisers have to listen, empathise, educate. That's a big job.

'In standard finance, investors are rational. In behavioural finance, they are normal. People are not rational, they are normal. Sometimes we are normal smart, sometimes normal stupid. It would be nice if we could increase the ratio of smart to stupid, but we're always people.'

People, he says, have been disappointed by diversification, which failed to provide any cushion from loss at the worst of the crisis. Assets in a portfolio are picked for their low correlations with each other, so that they should not rise or fall in tandem. But in a crisis, correlations among most assets spike.

'Diversification assures you that you won't have all your eggs in the crummiest asset. But it also means you won't have your entire portfolio in the best. But you'd be in between.

'People say I'm disappointed. There must be something better - market timing, tactical asset allocation. It's tempting, but it's the equivalent of jumping from the frying pan into the fire.'

He cites a joint study with Kenneth Fisher, to ascertain if the implementation of PE trading rules work. Between 1871 and 2002, US$1 invested in the stock market grew to about US$67,000 using a buy-and-hold mode. In contrast, a trading rule of investing whenever PEs dropped below 26 times would have netted roughly US$60,000.

If market timing isn't a panacea, why do many people - finance professionals included - believe that it is? A number of human traits can explain this Overconfidence; 'representative' error which is the human tendency to find patterns where they may not exist. The latter error blurs the line between hindsight and foresight.

Trading, in any case, is a zero sum game, he says. 'If I think the market is too high and I sell, someone else is buying it. There is an idiot in every trade and if you don't know who it is, you're in trouble . . .

'You have to ask yourself . . . What's my information advantage to give me an edge? In all likelihood it's nothing, you're deluding yourself.'

Investors, he says, can protect themselves by making advisers their allies. 'To advisers, I say make yourself worthy of the designation.

'Knowing that you commit cognitive errors is the first step. The second is to remind yourself. Like me, you probably have problems creating defences.'

Advisers, he says, 'have to continuously be teachers of our clients'. 'You can't say I told you that, that you know fear will cause you to be risk averse. You have to teach them again and again.'

While modern portfolio theory (MPT) is routinely taught in finance schools, it is impractical in practice. MPT has a number of key assumptions - that investors are rational and risk averse; that there are no trading costs, for instance.

It points investors to 'optimal' portfolios which represent a combination of assets that give the maximum return for a given level of risk.

The theory implies just one level of risk tolerance, says Prof Statman. 'But we build portfolios not as a whole, as prescribed by (Harry) Markowitz, but in a pyramid. We buy money market funds for downside protection and stocks and lottery for the upside.'

Together with Hersh Shefrin, Prof Statman published a paper in 2000 on 'behavioural portfolio theory'. It posits that investors have multiple mental accounts, and the resulting portfolio does not coincide with a traditional portfolio based on MPT and an efficient frontier.

The behavioural portfolio basically is a two-level pyramid where the lower layer is designed to avoid poverty, and the higher layer is designed 'for a shot at riches'.

Risk tolerance itself may be linked to culture. Prof Statman has written a paper on this - The Cultures of Risk Tolerance. He finds that people who are more trusting, for instance, are more willing to take risk. Those from countries where incomes are relatively low are more willing to take risk.

In 'collectivistic' societies, where there is a family network and cohesive ties, risk tolerance is also higher. This could be because an extended family provides a downside cushion.

At the other end of the spectrum is the 'individualistic' society where individuals are expected to look after themselves. Singapore and China rank fairly low on the individualistic scale, and the highest ranked are the US and UK.

Prof Statman himself keeps his investments 'very, very simple'. 'What do I do in a crazy market? I invest and close my eyes rather than try to pick out where the mania will go; it's self-defeating.

'It's very hard to explain to clients, but I think the way to do it is to say - here is what we know from science. Here are some studies I can show you about how people try to take advantage of cycles and fail.'

Once you've made the plunge to invest, switch off the noise from news commentators, he says. 'I keep my investments very, very simple, and I think I've done very well. I invest exclusively in index funds and let stuff take its course. I have enough money in my downside protection account to make sure I'm not going to be poor.

'The money in my upside account, I don't do options. The stuff I have in equities, sometimes it goes up and it goes down. I shrug, what can I do?

'If you train yourself to be like that, you will do yourself a great favour. It's hard, (an adviser's) business is transaction oriented, because I'm not going to give you much business. I don't trade. I think (that's) smart behaviour.'

gen@sph.com.sg

Copyright © 2010 Singapore Press Holdings Ltd

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A whole-person approach to educating for sustainability
10/01/2010
International Journal of Sustainability in Higher Education

Competences for sustainable development and sustainability significance and challenges for ESD

Edited by Zinaida Fadeeva and Yoko Mochizuki

1 Introduction

As decades of adult development research has consistently shown, people learn in widely varying degrees throughout their lifetime, depending on the overall structure of their consciousness ([13] Cook-Greuter, 1990; [53] Wade, 1996). From a pedagogical perspective, there are generic enabling skills, transferable from one area of study and activity to another, as well as broader sensitizing areas, which [43] Reid and Petocz (2008) describe as higher order dispositions. Those represent particular orientations towards studies, work, and social interactions, which open people's minds to different ways of looking at the world. Dispositional thinking involves the ability to think critically integrating multiple experiences and perspectives ([18] Facione et al. , 1995). [1] The American Philosophical Association (1990) suggests that dispositional thinking enables a reflexive approach to thinking and doing, where experience and action mutually reinforce each other. [43] Reid and Petocz (2008) extend the notion of dispositional thinking to include a more integrated perspective, where intrinsic personal values mediate one's broader sense of self in relation to ideas. Inter-cultural sensitivity or ethics become central to further thinking and action, and in this sense, may be considered higher order dispositions. This paper suggests that higher order dispositions may be central to education for sustainability (EfS) as a means of understanding the development of sustainable "habits of mind[1] " .

Sustainability itself can be understood as a disposition towards human rights, peace, active citizenship, participatory democracy, conservation, and ecological, social, and economic justice ([49] Sterling, 2001). From an adult developmental perspective, such a disposition pertains to more advanced stages of consciousness ([31] Mustakova-Possardt, 2003; [53] Wade, 1996). For example, [48] Sterling (2007) argues for a "connective cultural consciousness" informed by a relational worldview, as both a necessary goal and as a condition for educational and cultural change. He identifies key personal qualities or virtues associated with such a consciousness, essential to a "widening and deepening of the boundaries of concern" necessary for change towards sustainability - flexibility, resilience, creativity, participative skills, competence, material restraint, sense of responsibility, and transpersonal ethics ([49] Sterling, 2001, p. 52). The individual and collective change he describes involves self-awareness and self-critique as an agent of "cultural evolution" (Gardner, 2001, cited in [48] Sterling, 2007, pp. 63-78). These capabilities and dispositions have been shown by psychological developmental research to pertain to mature critical moral consciousness ([30], [31], [32] Mustakova-Possardt, 1998, 2004, and 2003).

A large body of EfS literature describes other related characteristics, also pertaining to mature critical moral consciousness and higher order dispositions. For example, [39] Orr (2002) introduces the concept of "spiritual acumen" which he describes as "seeing" differently. Orr points out that because problems of sustainability are formed out of "tensions between competing perspectives" (Schumacher, 1977, cited in [39] Orr, 2002, p. 1459) they cannot be solved by rational means alone, but require a "spiritual awareness" that honors mystery, science, life, death, and enables the transcendence of differences through wisdom, love, compassion, forgiveness, and mercy ([39] Orr, 2002, p. 1459). Taylor (2000) identifies the disposition of selflessness as important for sustainability and necessary for individuals and societies to move towards mutual understanding.

These higher order dispositions are associated with a new ecological, humanistic, and transformative worldview that assumes interdependence and interconnection. [49] Sterling (2001) argues that such a worldview is essential to guide the transformation of both the educational system, and agents for change including teachers and students. From a deep ecological perspective to sustainability, [9] Capra (1997, p. 7) describes the consciousness associated with this worldview

Ultimately, deep ecological awareness is spiritual or religious awareness. When the concept of the human spirit is understood as the mode of consciousness in which the individual feels a sense of belonging, of connectedness, to the cosmos as a whole, it becomes clear that ecological awareness is spiritual in its deepest essence.

Another deep ecologist, [22] Glasser (2004, p. 143), points to the need for education that integrates reason and emotion and promotes "emotional maturity". Glasser's use of the term "emotion" has implications akin to Orr's discussion on virtue, a moral sense of community, and rectitude of conduct. Glasser argues that the pedagogy required for a sustainable world needs to foster principled action, by activating and deepening existing concerns, and helping make actions more consistent with those concerns. [38] Orr (2004) refers to this concern as "love" and maintains that we will not fight for that which we do not love (Gould, cited in [38] Orr, 2004, p. 43).

These views emphasise an ancient tradition of virtue and an emergent focus in the EfS literatures on the importance of virtue as a disposition for change. Where virtue once stood for right living within a community ([38] Orr, 2004) - emphasising community relationships - virtue in a modern day sense includes environmental, ecological, and social justice broader than a single community and physical/temporal location ([14] Cropanzao et al. , 2001). [38] Orr (2004) identifies a clear relationship between sustainability and virtue. He describes the modern economic order, particularly its individualism and culture of acquisition, and the centrality and dominance of market values, as being deficient in virtue. According to Fien (2001, p. 32), EfS involves learning that is holistic, has a moral base, and must contribute to civic concern and competence. Student outcomes include an ethic of care, working cooperatively, community service, resolving conflict peacefully, and oral and group skills. He argues that the educational goals of EfS should also include the "capacity to exercise judgement and responsibility in matters of morality, ethics, and social justice, as well as concern for stewardship of the natural environment, and the knowledge and skills to contribute to ecologically sustainable development" (MCEETYA, 1999, cited, Fien, 2001, pp. 7-8). In these views there is also the notion of identity who we are, how we relate to others, what our purpose is as individuals and as a society.

Mustakova-Possardt's cross-cultural model of the ontogenesis of critical moral consciousness describes how the above dispositions and virtues for change emerge and develop in the lifespan. It bears direct relevance to the dynamics of the kind of whole-person educational approaches that make possible individual and cultural change toward sustainability.

2 Conceptual framework for a whole-person approach to sustainability fostering critical moral consciousness

EfS researchers have found that cultivating people's critical discernment and cognitive understanding of the need for a systemic approach to the use of global natural resources and reformulation of economic and social structures has not proven sufficient motivation to stem the tide of unsustainable living ([28] Maiteny, 2005). The wide range of necessary dispositions for change described in the previous section implies the need to educate for critical moral consciousness, which, as [21] Freire (1973) made clear, moves the individual into moral agency.

[31] Mustakova-Possardt's (2003) research takes Freire's broad developmental descriptions of the emergence of critical consciousness, and subjects them to further conceptual and grounded qualitative cross-cultural research (2003). She finds that the evolution of critical moral consciousness in the lifespan is characterized by an intuitive and progressively more conscious critical moral dialogue with the world, spurred by a quest for truth and justice, and characterized by an increasingly responsible, interconnected, and action-and-service-oriented disposition to collective social life; while the understanding of truth, justice, and agency is continually developmentally reconstructed.

The development of this consciousness is a function of the synergistic interaction of two variables - the cognitive developmental capability for systemic thinking and critical discernment, and the formation of primarily moral motivation. Moral motivation is understood as a fundamental attraction to and disposition toward truth, beauty, and goodness, even as constructions of what constitutes beauty, truth, and goodness evolve with cognitive development. Such an understanding of moral motivation, which builds on the work of [26] Kohlberg (1974), [19] Fowler (1981), [50] Taylor (1991), and [40] Plato (1937), as well as world wisdom traditions, sees moral motives to act in concord with what is understood as true, right, and beautiful as standing in contrast to expediency motives to act in concord with what is perceived as instrumentally convenient for the promotion of the self's immediate objectives.

Mustakova-Possardt's empirical research reveals motivational development throughout the lifespan as an interaction of four discreet and highly intertwined dimensions. Those are

sense of identity - what are the foundational elements in one's sense of who one is;

sources of one's sense of authority - who or what ultimately defines a person's sense of what is right and important;

sense of relatedness - who and what does a person experience themselves in relationship to; and

meaning of life - the extent to which life's purpose is understood self-referentially or in the context of a purpose greater than the self ([20] Frankl, 1962).

Each can be predominantly coloured by expediency or moral motives. When all four dimensions exhibit predominantly moral motives, we can say that the person is guided by moral motivation. The more that moral and expediency motives conflict in a person's motivational profile, the more inconsistent their social actions tend to be.

In the current educational and social climate, many people appear to exhibit high levels of tension between primarily expedient and primarily moral motives, uneven motivational profiles, and significant conflict between their higher principled social commitments and their ego-driven aspirations. In contrast, studies of lives of commitment to the common good (argued as necessary for sustainability) consistently show that such people exhibit a well-formed dominant moral motivation across all four dimensions, and overall critical moral consciousness ([32] Mustakova-Possardt, 1998).

These findings make clear the importance of a whole-person approach to education, one that seeks to cultivate in the learner the integrated development of the powers of mind, heart and will, so that the person can manifest a growing consistency between what they know and understand, what they care about and love, and the daily choices they make. Such an education makes possible what Bishop Desmond Tutu refers to as "the opportunity to fulfill" one's "human and spiritual potential" ([12] Colby and Damon, 1992, p. xii).

The dynamics of moral motivation ([32], [31], [30] Mustakova-Possardt, 1998, 2003, 2004) provide a key to a whole-person approach to EfS. While it is not the focus of this short conceptual paper to elaborate links to concrete educational practice, the four dimensions of moral motivation offer a wealth of potential pedagogical possibilities. The model provides a detailed developmental description of the process that deep ecology and transformative/humanist approaches to EfS regard as essential the integration of reason and emotion, of cognitive development toward systemic principled reasoning, and motivational growth toward love for truth, beauty, and goodness. It helps to explain why there is a lack of active ethics and abilities to re-examine critically our values, moral codes and ways of living, which Jickling et al. (2006) find to be at the root of unsustainability. It also helps educators to consider how to achieve such outcomes that [49] Sterling's (2001, p. 52) envisions for sustainable education, namely, "heightening an awareness of worldviews" developing "broader and higher order capabilities" knowledge that enables systemic and critical understanding of patterns, and virtues and capabilities for wise action.

For example, since sense of identity is fundamental to what people stand for in their actions in the world, a whole-person educational approach would strive to cultivate in young people a primary sense of identity as members of a world human family, both diverse and interdependent. [10] Capra (2007) and [48] Sterling (2007) argue that educating for such a worldview is part of what is needed to motivate young people to dedicate their lives to a common future and to the well-being of not just themselves, but of strangers. Fien (2001) maintains that aboriginal conceptions of oneness, which contributed to sustainable aboriginal ways of living, have been lost in the cultures of their colonisers. He suggests that such conceptions of oneness need to gain ascendance within the worldviews of young people and teachers.

Such a primary sense of identity would be grounded in clearly defined moral values, such as integrity, trustworthiness, service to others and to humanity, social justice, etc. Mustakova-Possardt's research shows that even such universal values are understood in culturally meaningful ways that express the unique characteristics of particular socio-historical and political contexts. Yet, however diverse their cultural constructions may be, they tend to bring people together in service to the common good. In contrast, when identity is primarily defined by expediency motives, it reveals a sense of self-governed by secondary identities or roles, derived from prevalent socio-cultural configurations. In such cases, what is construed as moral values appears to be rationalizations based on fear and narrowly defined self-interest. Any social label can be used in that way, some examples from current discourse being "socialist" "Christian" "patriotic", etc. Research shows that familial and educational environments that cultivate the sense of a collective human heritage and universal spiritual values that unite people across cultures, tend to build an increasingly globally responsible sense of moral identity ([12] Colby and Damon, 1992; [15] Daloz et al. , 1996). An example of a program which encourages this is the United Nations Educational, Scientific and Cultural Organisation (UNESCO) Teaching and Learning for a Sustainable Future (TLSF) education program. It includes a curriculum module titled "Indigenous knowledge and sustainability" ([51] UNESCO, 2002a), and another titled "Cultures and religions of the world" ([52] UNESCO, 2002b). A second example is Jickling et al. 's (2006) workbook linking environmental education, ethics, and action.

In terms of the second motivational dimension, authority, responsibility, and agency, it is important that education cultivate a sense of authority grounded in authentic examples of moral authority distinguished by their integrity of character and commitment, as well as in moral and spiritual leaders who have inspired millions of people to live lives of greater integrity and justice. In the absence of such purposeful and mindful modeling, people tend to center their sense of authority on often unexamined and prevalent socio-cultural customs and roles. In either case, what a young person identifies as external sources of authority tends to become internalized and translates into a corresponding sense of responsibility and agency, or the relative lack thereof.

With regards to the third motivational dimension, relatedness, developing an understanding of what it means to be in relationship with the world is a focal point for whole-person education. That involves the rethinking of all essential relationships between people and nature, among people and groups, between individuals and social institutions. In the current irreversible process of globalization, many of these relationships have come under question and need to be thoughtfully addressed in education.

How much or how little a person experiences themselves as connected makes a significant difference in their overall motivational profile, and in their ability for perspective-taking and compassion. Learning to see people as much more than the source of our satisfaction or disappointment, learning to build bonds of relatedness, and to appreciate a range of others is essential in learning to relate to our interdependent world. Familial and educational environments that foster qualitative and meaningful interpersonal engagements early on in life set the stage for a progressive expansion of the circles of relatedness to include an ever wider range of humanity, nature, the environment ([12] Colby and Damon, 1992; [15] Daloz et al. , 1996). Interconnectedness and interdependence can be purposefully taught, as can global citizenship. Foundational to this dimension of relatedness is the disposition for reverence. An example of a radical ecology approach to building reverential bonds of relatedness can be found in the work of the Center for Ecoliteracy in the USA, which emphasises competencies of the spirit including "a sense of wonder, a capacity for reverence, a deep appreciation of place, a feeling of kinship with the natural world, and the ability to invoke that feeling in others" ([11] Center for Ecoliteracy, 2006).

Finally, the fourth motivational dimension, meaning of life, helps differentiate the frames of reference that guide the life choices of people. To the extent that people come to experience life as a self-referential affair of satisfying immediate needs, desires, and expectations, this dimension is coloured by expediency. In contrast, as much research has shown, to the extent to which people understand life as a bigger journey toward understanding, justice, and wisdom, this fuels lives of commitment, resilience, and positive agency ([12] Colby and Damon, 1992; [15] Daloz et al. , 1996; [20] Frankl, 1962). [28] Maiteny (2005, p. 3) agrees, arguing that incorporating spiritual perspectives in human development fosters an acceptance of non-wealth well-being, and places the human "need for material security within the context of wider sustaining systems than merely economic ones".

In summary, Mustakova-Possardt's research on the ontogenesis of critical moral consciousness shows that without the cultivation of moral motivation, systemic critical thinking in itself does not appear to lead automatically to socially responsible action. Without systemic critical understanding, the socially responsible action inspired by moral motivation is significantly constrained. Hence, it becomes clear that nothing short of a whole-person approach to education can hope to cultivate the kind of globally responsible consciousness that can inspire people toward sustainable living.

3 Implications for teaching and learning in higher education

In addition to developing curricula that offer well-graded and progressively more-complex teaching and learning about the systemic, critical and ethical aspects, and dimensions of sustainability, this paper proposes that it is essential that EfS incorporate equally seriously a focus on the whole-person, and therefore on cultivating moral motivation and associated higher order dispositions. This section outlines three strategic implications for institutions of higher education and lifespan learning.

3.1 Ensuring each motivational dimension is addressed in all aspects of teaching and learning

The cross-cultural psychological research on critical moral consciousness outlined in the paper shows that the shift from predominantly expediency to predominantly moral motivation can occur along multiple developmental pathways depending on individual and socio-cultural contexts. Hence, in order to cultivate a disposition for change for sustainability - that is, critical moral consciousness - one step for institutions of higher education is to assess what motivational dimensions need particular attention in each context. Regardless of which motivational dimension leads the way, it is only when all four become predominantly morally coloured that a person can consistently focus her or his energies on responsible and sustainable living.

[47] Solomonides and Reid (2009), in their empirical research with over 40 students, describe how students of design experience this form of dispositional change toward critical moral consciousness. They show that students' "sense of being" forms the core position from which they interpret and act within different learning and life spheres. In their study, students' "sense of being" incorporated confidence, happiness, imagination and self-knowledge, and from that flowed a moral engagement with a designer's work and world, along four manifested themes artistry, designer, transformation, and context. Artistry focused on the practical utility of their work, their ability to solve problems, and the actual making of an object. From a broader perspective, we might think of this being discipline, knowledge, and skill. Designer represented their relation to their professional world, which included the way in which they dealt with design problems such as the sustainability of the product, or the suitability of the product in a particular social setting. The context dimension is tied to the way that the students see themselves as part of a learning situation. Transformation recognised the manner in which students learn from each other, experience, culture, and so on. This component was also related closely to the way in which they saw themselves and hence interacted with their sense of being. Transformation could be seen as deep personal learning. Solomonides and Reid postulate that there could be an equivalent to these themes in different disciplinary areas.

Although the context and description of the findings in this study use different words, they can be seen in clear relation to Mustakova-Possardt's four dimensions of critical moral consciousness. Solomonides and Reid's research with design students shows how a disposition for change emerges out of a series of professional and contextually related learning and work experiences. The most important aspect of their model however is the identification of the "sense of being" which resonates strongly with the concept of a whole-person approach to sustainability.

3.2 Adopting a spiritually oriented approach to service-learning

Service-learning has become prominent in higher education in recent decades, developing throughout the nineteenth and twentieth centuries ([33] National Service-Learning Clearinghouse, 2008a). As an approach to teaching and learning in higher education, service-learning can cultivate each of the dimensions of moral motivation as outlined by Mustakova-Possardt. Along the dimension of relatedness, there is an understanding that service-learning encourages in students a stronger desire for service and increased social and cultural awareness ([25] Johnson, 2009), and increases student motivation to learn, with learning goals tied to relevant community needs ([29] McPherson, 2005). Along the dimension of responsibility, agency and authority, it develops civic responsibility ([34] National Service-Learning Clearinghouse, 2008b) and an action-reflection oriented approach to social change ([17] Eyler et al. , 1996). Along the dimension of identity, it unlocks intellectual, emotional, and moral potentialities to transform the self and society ([30] Mustakova-Possardt, 2004). Each of these areas contributes to the fourth dimension, meaning or life purpose. For these reasons, any EfS approach which aims at educating the whole-person involves service-learning.

There are, of course, different approaches to service-learning, such as integrating service with public schools curriculums, service immersion approaches offered through faith organisations ([8] BTW Consultants, Inc., 2008), or university programs where service informs the aim and structure (such as the Global Social Benefit Incubator unit of [45] Santa Clara University, 2008; [55] Warner, 2008). An example of an approach to service-learning which has educational potential to contribute to cultivating critical moral consciousness, therefore a disposition for sustainability in the context of higher education, was studied by [42] Podger (2009b).

Her research examined a Bahá'í-inspired morally-motivated grass-root approach to service-learning. She found that service was possibly the most fundamental characteristic of the spiritual education approach of the Bahá'í community, and is understood as contribution to the advancement of the human condition, fundamental to questions of identity and life purpose (National Spiritual Assembly ([35] NSA) of the Bahá'ís of the US, 2008).

[42] Podger (2009b) found that the key elements of the Bahá'í-inspired educational approach to individual and social transformation, with service-learning at the core, contribute to fostering moral orientations to the four dimensions of human motivation described by Mustakova-Possardt.

The first element - the educational orientation to fostering consciousness of the reality of the oneness of humankind and of the inherent nobility of human beings - is aligned with the dimension of identity. This element is embedded in service-oriented praxis. Education and community development emphasise that the purpose of developing the self is for service to humanity, and the collective purpose is to contribute to social transformation towards universal peace and the well-being of all. These approaches support individuals and communities to develop the spiritual qualities necessary for the fulfilment of this individual and collective purpose. Thus, this element is integral to fostering the fourth dimension of moral motivation, meaning of life. The ontological understanding of the human being, and its relationship to others, is directly connected to an understanding of and an active fulfilment of human purpose.

The second element of the Bahá'í educational approach focuses on fostering a consciousness of the interdependent material and spiritual nature of reality. This element is related to the third dimension of the model, relatedness. In the Bahá'í community, there is a strong emphasis placed on educating community members as world citizens[2] whose construction of the self involves simultaneously the individual and connectedness to everyone else. Children's education through classes and educational materials include engendering care and compassion for others, including for the natural environment, fostering intercultural and inter-religious understanding, and valuing diversity. The overarching aim of Bahá'í educational endeavours is directed to expanding the reality to which people feel connected and responsible ([42] Podger, 2009b).

The third element of the Bahá'í service-learning approach fosters the second dimension of moral motivation, authority, responsibility, and agency. It involves integrating spiritual insight and intellectual inquiry through a participative epistemology, called Bahá'í consultation ([37] NSA of the Bahá'ís of the US, 1994), which encourages inclusive, non-adversarial, non-egotistic decision-making. This approach engages people from early childhood through adulthood as protagonists in community building, democratic consensus building decision-making, and positive social change, integrating study, prayer and meditation, consultation, and action. It encourages the "praxis of integrity" of alignment of life with underlying spiritual principles and models of authentic moral authority ([42] Podger, 2009b, p. 213). It cultivates the habit of drawing on spiritual principles to identify root causes of unsustainability, and on models of moral lives to inform positive action ([41], [42] Podger, 2009a, b).

This service and praxis-oriented conceptual and practical approach to spiritual education aims to assist individuals and communities to develop spiritual capabilities of compassion, forbearance, love, kindness, justice, sacrifice, unity, forgiveness, humility, and detachment. Those are viewed as necessary in motivating and framing critical reflection, systemic thinking, envisioning and finding solutions to sustainability issues, and acting collectively. Each person is regarded as the objective, beneficiary, and protagonist in their own development, and is assisted in taking responsibility. In this context, spirituality is understood to be fundamental to sustainability, because it is a "mode of force" towards appropriate and effective service.

As becomes clear, the Bahá'í-inspired spiritual approach to service-learning correlates highly with the model of the development of critical moral consciousness outlined by [31] Mustakova-Possardt (2003). The interrelated elements of this approach to service-learning work to galvanise the spiritual commitment of individuals to take responsibility to actively participate in collective action for social change. It is a strong medium for the development of higher order dispositions for sustainability. Hence, spiritually-oriented service-learning approaches are important for institutions of higher education to consider seriously.

3.3 Considering the development of critical moral consciousness as a critical disposition for sustainability

If one considers pedagogy in formal educational situations, at the broadest level there is a strong focus on dispositional thinking that forges links between the personal and social, the personal and work, the personal and the environment. There is an appreciation of links between learning and work, and a keen appreciation that, along with the discipline-specific knowledge base, there is an important resource of generic ways of thinking and engaging with the world. The example from design, offered above, illustrates such pedagogy and is indicative of what may be occurring in other discipline areas. Student engagement with studies and society is possible when students see themselves as actively involved in world events (both local and global) ([44] Reid et al. , 2010, in press). Their student identity is strongly linked with their potential positions as workers. From an ontological perspective, broad formal learning situations can enable students to include sustainability as an orienting disposition. By way of contrast, formal situations can also focus narrowly on an inward look into the discipline, and on specific techniques. A broad curriculum looks outward beyond the discipline and focuses on its use as an inclusive tool to investigate, participate in, or even change the students' world.

4 Conclusion

The research discussed in the paper shows that when a person can relate their own sense of identity - from moral, to work-oriented for instance - to broad issues and responsibilities for sustainability, they manifest a will to learn. Further research is needed to investigate empirically the strength of the correlation between the dispositions and moral motivational dimensions discussed in the paper, and sustainable life choices. It would be helpful to document the extent to which spiritually-inspired communities engage in more sustainable living. This paper concludes that it is important for advocates of sustainability to work alongside community groups and formal learning institutions to extend the agenda to include the development of whole-person educational approaches, which cultivate critical moral consciousness.

FOOTNOTE

1. The notion of "habit of mind" is attributed to John Dewey from his seminal work "How we think" - 1933.

2. The principle also informs the contribution of the Bahá'í International Community (BIC) to international dialogues. For example, in proposed changes to the Chairman's paper to the WSSD, the [3] BIC (2002) argued that to address unsustainable consumption and production, educational and technological policies in developed countries needed to foster "a sense of global responsibility and citizenship" inspiring in people the willingness to think and act differently ([4] BIC, 1993).

REFERENCE

1. American Philosophical Association (1990), "Critical thinking a statement of expert consensus for purposes of educational assessment and instruction", The Delphi Report Research findings and recommendations prepared for the committee on pre-college philosophy. P.Facione (Project Director). ERIC Doc. ED 315-423, The California Academic Press, Millbrae, CA.

3. BIC (2002), Proposed Modifications to the Chairman's Paper to the World Summit for Sustainable Development, A/CONF.199/PC/L.1, 27 March, Bahá'í International Community.

4. BIC (1993), "World citizenship a global ethic for sustainable development", paper presented at the 4th Pacific Island Leaders Conference, 24-26 June, Nui, Bahá'í International Community.

8. BTW Consultants, Inc. (2008), Jewish Service Learning What is and What Could be, a Summary of an Analysis of the Jewish Service Learning Landscape, prepared for Charles and Lynn Schusterman Family Foundation, Jim Joseph Foundation and the Nathan Commings Foundation, Berkeley, CA, available at www.informingchange.com.

9. Capra, F. (1997), The Web of Life A New Synthesis of Mind and Matter, Flamingo, London.

10. Capra, F. (2007), "Sustainable living, ecological literacy, and the breath of life", Canadian Journal of Environmental Education, Vol. 12, pp. 9-18.

11. Center for Ecoliteracy (2006), "Education for sustainability competencies", available at www.ecoliteracy.org/education/competencies.html (accessed 11 November 2006).

12. Colby, A. and Damon, W. (1992), Some do Care, Macmillan, New York, NY.

13. Cook-Greuter, S. (1990), "Maps for living ego-development stages from symbiosis to conscious universal embeddedness", in Commons, M.L., Armon, C., Kohlberg, L., Richards, F.A., Grotzer, T.A. and Sinnott, J.D. (Eds), Adult Development Models and Methods in the Study of Adolescent and Adult Thought, Praeger, New York, NY, p. 2.

14. Cropanzao, R., Byme, Z., Bobocel, D.R. and Rupp, D. (2001), "Moral virtues, fairness heuristics, social entities, and other denizens of organizational justice", Journal of Vocational Behavior, Vol. 58 No. 2, pp. 164-209.

15. Daloz, L., Keen, C., Keen, J. and Parks, S. (1996), Common Fire Lives of Commitment in a Complex World, Beacon Press, Boston, MA.

17. Eyler, J., Giles, D. and Schmeide, A. (1996), A Practitioner's Guide to Reflection in Service-learning Student Voices and Reflections, Vanderbilt University, Nashville, TN.

18. Facione, P., Giancarlo, C., Facione, N. and Gainen, J. (1995), "The disposition towards critical thinking", Journal of General Education, Vol. 44 No. 1, pp. 1-25.

19. Fowler, J. (1981), Stages of Faith The Psychology of Human Development and the Quest for Meaning, HarperCollins, New York, NY.

20. Frankl, V.E. (1962), Man's Search for Meaning, Beacon Press, Boston, MA.

21. Freire, P. (1973), Education for Critical Consciousness, The Continuum, New York, NY.

22. Glasser, H. (2004), "Learning our way to a sustainable and desirable world ideas inspired by Arne Naess and deep ecology", in Corcoran, P.B. and Wals, A.E.J. (Eds), Higher Education and the Challenge of Sustainability Problematics, Promise and Practice, Kluwer Academic Publishers, Dordrecht, pp. 131-48.

25. Johnson, P.E. (2009), "Direct and indirect benefits of an international service-learning design project educational effects on project members and their peers", International Journal for Service Learning in Engineering, Vol. 4 No. 1, pp. 15-30.

26. Kohlberg, L. (1974), "Education, moral development and faith", Journal of Moral Education, Vol. 4 No. 1, pp. 5-16.

28. Maiteny, P. (2005), "Education for sustainability and development psycho-emotional blocks and catalysts", Development Education Journal, Vol. 11 No. 2, pp. 1-4.

29. McPherson, K. (2005), "Service learning, new horizons for learning", available at www.newhorizons.org/strategies/service_learning/front_service.htm.

30. Mustakova-Possardt, E. (2004), "Education for critical consciousness", Journal of Moral Education, Vol. 33 No. 3, pp. 245-69.

31. Mustakova-Possardt, E. (2003), Critical Consciousness A Study of Morality in Global Historical Context, Greenwood, Westport, CT.

32. Mustakova-Possardt, E. (1998), "Critical consciousness an alternative pathway for positive personal and social development", Journal of Adult Development, Vol. 5 No. 1, pp. 13-30.

33. National Service-Learning Clearing House (2008a), "History of service-learning in higher education", Learn and Serve America, available at www.servicelearning.org/what_is_service-learning/history_hesl/index.php.

34. National Service-Learning Clearing House (2008b), "What is service-learning?", Learn and Serve America, available at www.servicelearning.org/what-service-learning.

35. NSA of the Bahá'ís of the US (2008), Being Bahá'í, The Official Website of the Bahá'ís of the United States, available at www.usbahai.org/being-bahai (accessed 18 August 2008).

37. NSA of the Bahá'ís of the US (1994), "Unity & consultation foundations of sustainable development", A Statement by the National Spiritual Assembly of the Bahá'ís of the United States, Prepared for the conference "Two Years after UNCED Exploring Partnerships for Sustainable Development" 20-24 July, Davenport, IA, Sponsored by Citizens Network for Sustainable Development, The Stanley Foundation, Iowa Division UNA-USA, Washington, DC.

38. Orr, D. (2004), Earth in Mind On Education, Environment, and the Human Prospect, Island Press, Washington, DC.

39. Orr, D.W. (2002), "Four challenges of sustainability", Conservation Biology, Vol. 16 No. 6, pp. 1457-60.

40. Plato (1937), The Dialogues of Plato, Random House, New York, NY (translated by B. Jowett).

41. Podger, D. (2009b), "Contributions of the American Bahá'í community to education for sustainability", Journal of Education for Sustainable Development, Vol. 3, pp. 65-74.

42. Podger, D. (2009a), "Contribution of a faith organisation to education for sustainability infusing spirituality into learning for sustainability", doctoral thesis, Macquarie University, Sydney.

43. Reid, A. and Petocz, P. (2008), A Tertiary Curriculum for Future Professionals, Learning in Higher Education, CBS Press, Copenhagen, pp. 31-50.

44. Reid, A., Abrandt Dahlgren, M., Petocz, P. and Dahlgren, L.O. (2010), From Experienced Student to Professional Novice, Springer, Dortrecht.

45. Santa Clara University (2008), Global study, Santa Clara University, Santa Clara, CA, available at www.scu.edu/academics/global.cfm.

47. Solomonides, I. and Reid, A. (2009), "Variation in student engagement a design model", Pedagogical Research Maximising Education, Vol. 3 No. 2, pp. 115-28, available at www.hope.ac.uk/learningandteaching/downloads/prime/prime_vol_3_issue_2.pdf.

48. Sterling, S. (2007), "Riding the storm towards a connective cultural consciousness", in Wals, A. (Ed.), Social Learning Towards a Sustainable World Principles, Perspectives, and Praxis, Wageningen Academic Publishers, Wageningen, pp. 63-82.

49. Sterling, S. (2001), Sustainable Education Re-envisioning Learning and Change, Green Books, Dartington.

50. Taylor, C. (1991), The Ethics of Authenticity, Harvard University Press, Cambridge, MA.

51. UNESCO (2002a), "11 indigenous'", Teaching and Learning for a Sustainable Future A Multimedia Teacher Education Program, available at www.unesco.org/education/tlsf/TLSF/theme_c/uncofrm_c.htm (accessed 17 March 2008).

52. UNESCO (2002b), "10 culture and religion for a sustainable future", Teaching and Learning for a Sustainable Future A Multimedia Teacher Education Program, available at www.unesco.org/education/tlsf/TLSF/theme_c/uncofrm_c.htm (accessed 17 March 2008).

53. Wade, J. (1996), Changes of Mind A Holonomic Theory of the Evolution of Consciousness, State University of New York Press, Albany, NY.

55. Warner, K.D. (2008), "The spirituality of our sustainability work", available at www.scu.edu/sustainability/service/upload/Sustainability-Booklet2.pdf.

56. Fien, J. (2001), Education for sustainability reorienting Australian schools for a sustainable future, Tela Series, Issue 8, Australian Conservation Foundation, Fitzroy.

57. Jickling, B., Lotz-Sisitka, H., O'Donoghue, R. and Ogbuigwe, A. (2006), Environmental Education, Ethics and Action A Workbook to Get Started, UNEP, Nairobi.

58. Taylor, B. (2000), Deep ecology and its social philosophy a critique, Katz, E. , Light, A.J. and Rothenberg, D. (Eds), Beneath the Surface Critical Essays on Deep Ecology, MIT Press, Cambridge, MA, pp. 269-99.

Further Reading

1. BPT (1951), Paris Talks Addresses Given by 'Abdu'l-Bahá in Paris in 1911-12, BPT, London.

2. BPT (1993), Compilations of Compilations, Vol. I, Bahá'í Publishing Trust, Wilmette, IL.

3. Barnett, R. (2007), A Will to Learn Being a Student I an Age of Uncertainty, Society for Research into Higher Education, Newport.

4. Edwards, A. and D'Arcy, C. (2004), "Relational agency and disposition in sociocultural accounts of learning to teach", Educational Review, Vol. 56 No. 2, pp. 147-55.

5. BPT (1976), Gleanings from the Writings of Bahá'u'lláh, 2nd ed., Bahá'í Publishing Trust, London (translated by S. Effendi, original by published in 1952).

6. Hesselink, F., van Kempen, P.P. and Wals, A. (Eds) (2000), ESDebate International Debate on Education for Sustainable Development, IUCN, Cambridge.

7. International Environment Forum (2006), Education for Sustainable Development the Spiritual Dimension, Full Conference Report of the 9th Conference of the International Environment Forum, 14-15 December 2005, Orlando, FL, Prepared by Dimity Podger and edited by Arthur Dahl, available at www.bcca.org/ief/conf9.htm.

8. Kohlberg, L. (1984), The Psychology of Moral Development Essays on Moral Development, Vol. 2, Harper & Row, San Francisco, CA.

9. NSA of the Bahá'ís of the US (2003), Lesson Planning Guide Central Figures - Bahá'u'lláh, Level One, Core Curriculum for Spiritual Education, National Children's Education Resource Center, Davison, MI.

11. Effendi, S. (1979), God Passes By, US Bahá'í Publishing Trust, Wilmette, IL.

12. Wade, R.C. (Ed.) (1997), Community Service-learning A Guide to Including Service in Public School Curriculum, State University of New York Press, Albany, NY.

APPENDIX

About the authors

Dimity Margaret Podger is a research fellow with the Sustainable Development and Coordination Unit at the University of Brighton. The unit is working together with the Charles University Environment Center in Prague and four Civil Society Organisations on an EU funded project to develop useful indicators and assessment tools to measure the values dimensions of sustainable development projects. Her research interests relate to the relationships between human motivation, spiritual education, ethical values and individual and social transformation towards sustainability. Her doctorate, completed in 2009, explored the potential contribution of the perspective of faith organisations to EfS frameworks, with a focus on the insights of the American Baha'i Community. Dimity Margaret Podger is the corresponding author and can be contacted at dimity.podger@gmail.com

Elena Mustakova-Possardt, a Developmental and Social Psychologist, cross-cultural Psychotherapist and Consultant in private practice, and former tenured Associate Professor in Psychology at University of West Georgia, has taught at universities in Zimbabwe, Switzerland, Bulgaria, and the USA, and lectures widely in the USA and internationally. Her work in moral and social development, cross-cultural community psychology, and health-oriented psycho-spiritual and educational interventions with individuals and communities has won awards. Her 2003 book, Critical Consciousness A Study of Morality in a Global Historical Context , was also published in Bulgarian by Sofia University Press. Her interdisciplinary work is committed to fostering social health, peace and resilience in individuals and communities, and to education for a sustainable civilization.

Anna Reid has worked in Academic Development Units for the last decade and most recently has taken up the role of Associate Dean Teaching and Learning at the Sydney Conservatorium of Music. Her research explores issues of practice and policy in Higher Education contexts including internationalisation, creativity and ethics, cross-cultural sensitivity and sustainable development; and the practical areas of mathematics, statistics, music, design, accounting, and law. In each of these cognate areas her focus is on the experience of learning/teaching through the lens of professional formation. Other research areas include research supervision and higher degree research candidacy.

AUTHOR_AFFILIATION

Dimity Margaret Podger, Sustainable Development Coordination Unit, University of Brighton, Ashfield, Australia

Elena Mustakova-Possardt, Arlington, Virginia, USA

Anna Reid, Sydney Conservatorium of Music, The University of Sydney, Sydney, Australia

Copyright © 2010 Emerald Group Publishing Limited

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Additional charges may come for Rutgers students | View Clip
10/01/2010
ABC Local - Online

Prosecutors are looking into filing more serious charges against two college students, whose actions apparently drove a fellow freshman to kill himself. Tyler Clementi, 18, of Rutgers University in New Jersey, committed suicide after his gay sexual encounter was streamed live over the Internet.

There is growing anger toward the two Rutgers University students who secretly broadcast Clementi making out with a man in his dorm room.

More than 7,000 people joined the Facebook group, "Manslaughter Charges For Dharun Ravi and Molly Wei." The two are currently charged with invasion of privacy.

"It's an unspeakable tragedy and those people who helped to lead him to that bridge are going to have to bear that responsibility for the rest of their lives," says Gov. Chris Christie, R-New Jersey.

Clementi's body was identified Thursday. He jumped off New York's George Washington Bridge one day after his sexual encounter was streamed live on the Internet.

It apparently wasn't the first time. Ravi, Clementi's roommate, reportedly transmitted images of him two days prior -- raising questions yet again, about lack of judgment on the Internet.

"This is generational thing because people of this generation, college students and so forth, immediately go to technology," says Thomas Plante, Ph.D.

Plante is a psychology professor at Santa Clara University. He says with so many tools at their disposal now, tech savvy teens are learning the hard way that making mistakes can often have bigger consequences than for previous generations.

"Adolescence is not always noted for their best judgment and for managing impulses. It's just that in the old days, the damage was minimal," says Plante.

Clementi was a shy, gifted violinist. LGBT activists say as horrible as the web streaming was, his suicide was likely the result of years of harassment.

"It's never that one thing that pushes that person over the edge. It's usually an accumulation of a lot of things and then there might be one thing that pushes them over the edge and in this particular thing for him it's obvious that that's what happened," says Chris Flood from the Billy DeFrank LGBT Center.

Prosecutors are looking into whether bias played a role in this incident. If so, they say, they plan to bring the appropriate charges.

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Additional charges may come for Rutgers students | View Clip
10/01/2010
ABC 7 Morning News at 5 AM - KGO-TV

Prosecutors are looking into filing more serious charges against two college students, whose actions apparently drove a fellow freshman to kill himself. Tyler Clementi, 18, of Rutgers University in New Jersey, committed suicide after his gay sexual encounter was streamed live over the Internet.

There is growing anger toward the two Rutgers University students who secretly broadcast Clementi making out with a man in his dorm room.

More than 7,000 people joined the Facebook group, "Manslaughter Charges For Dharun Ravi and Molly Wei." The two are currently charged with invasion of privacy.

"It's an unspeakable tragedy and those people who helped to lead him to that bridge are going to have to bear that responsibility for the rest of their lives," says Gov. Chris Christie, R-New Jersey.

Clementi's body was identified Thursday. He jumped off New York's George Washington Bridge one day after his sexual encounter was streamed live on the Internet.

It apparently wasn't the first time. Ravi, Clementi's roommate, reportedly transmitted images of him two days prior -- raising questions yet again, about lack of judgment on the Internet.

"This is generational thing because people of this generation, college students and so forth, immediately go to technology," says Thomas Plante, Ph.D.

Plante is a psychology professor at Santa Clara University. He says with so many tools at their disposal now, tech savvy teens are learning the hard way that making mistakes can often have bigger consequences than for previous generations.

"Adolescence is not always noted for their best judgment and for managing impulses. It's just that in the old days, the damage was minimal," says Plante.

Clementi was a shy, gifted violinist. LGBT activists say as horrible as the web streaming was, his suicide was likely the result of years of harassment.

"It's never that one thing that pushes that person over the edge. It's usually an accumulation of a lot of things and then there might be one thing that pushes them over the edge and in this particular thing for him it's obvious that that's what happened," says Chris Flood from the Billy DeFrank LGBT Center.

Prosecutors are looking into whether bias played a role in this incident. If so, they say, they plan to bring the appropriate charges.

national/world, lilian kim

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Additional charges may come for Rutgers students | View Clip
10/01/2010
KGO-TV

Prosecutors are looking into filing more serious charges against two college students, whose actions apparently drove a fellow freshman to kill himself. Tyler Clementi, 18, of Rutgers University in New Jersey, committed suicide after his gay sexual encounter was streamed live over the Internet.

There is growing anger toward the two Rutgers University students who secretly broadcast Clementi making out with a man in his dorm room.

More than 7,000 people joined the Facebook group, "Manslaughter Charges For Dharun Ravi and Molly Wei." The two are currently charged with invasion of privacy.

"It's an unspeakable tragedy and those people who helped to lead him to that bridge are going to have to bear that responsibility for the rest of their lives," says Gov. Chris Christie, R-New Jersey.
Clementi's body was identified Thursday. He jumped off New York's George Washington Bridge one day after his sexual encounter was streamed live on the Internet.

It apparently wasn't the first time. Ravi, Clementi's roommate, reportedly transmitted images of him two days prior -- raising questions yet again, about lack of judgment on the Internet.

"This is generational thing because people of this generation, college students and so forth, immediately go to technology," says Thomas Plante, Ph.D.

Plante is a psychology professor at Santa Clara University. He says with so many tools at their disposal now, tech savvy teens are learning the hard way that making mistakes can often have bigger consequences than for previous generations.

"Adolescence is not always noted for their best judgment and for managing impulses. It's just that in the old days, the damage was minimal," says Plante.

Clementi was a shy, gifted violinist. LGBT activists say as horrible as the web streaming was, his suicide was likely the result of years of harassment.

"It's never that one thing that pushes that person over the edge. It's usually an accumulation of a lot of things and then there might be one thing that pushes them over the edge and in this particular thing for him it's obvious that that's what happened," says Chris Flood from the Billy DeFrank LGBT Center.

Prosecutors are looking into whether bias played a role in this incident. If so, they say, they plan to bring the appropriate charges.

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American Airlines sues Google over keyword ads | View Clip
10/01/2010
ARN - Online

It claims the search company is infringing on its trademark

Linda Rosencrance (Computerworld)

American Airlines Thursday filed a lawsuit against Google, claiming the search company is infringing on the airline's trademarks by using them as keyword triggers for paid advertisements by other companies.

By bringing the lawsuit, filed in U.S. District Court for the Northern District of Texas, Fort Worth Division, American wants to stop competitors from using those trademarks to trigger their own advertising on Google.

Neither Google nor American could be reached for comment.

"Without authorization or approval from American Airlines, Google has sold to third parties the 'right' to use the trademarks and service marks of American Airlines or words, phrases, or terms confusingly similar to those marks as 'keyword' triggers that cause paid advertisements, which Google calls 'Sponsored Links' to appear alongside the 'natural results," the lawsuit said.

When a user performs a search on Google's site for the words "American Airlines" to search for flights on American, the user may be redirected to the Web site of a competing airline, a Web site that sells American Airlines travel services or the services of other airlines, or Web sites that have nothing to do with air travel at all, according to the lawsuit.

This happens because those other companies pay Google to get links to their Web sites placed at the top of the list of sponsored links -- on the right hand side of the search results page -- when a user's search terms match certain keywords, such as American Airlines. The companies buy those keywords from Google.

But American alleges that Google doesn't have the right to sell its name to any other company and is asking the court to stop Google from selling its trademarks to other companies. It also wants Google to pay American any money it has made by selling its trademarks, and to award unspecified monetary damages to the airline.

"American Airlines does not bring this lawsuit lightly," American said in the court documents. "Indeed, American Airlines does not question that Google's search engine provides consumers with a powerful and highly useful means to search the Internet for information. That said, Google's search engine is helping third parties to mislead consumers and misappropriate American Airlines trademarks by using them as keyword triggers for paid advertisements and by using them within the text or title of paid advertisements."

While other companies have filed similar lawsuits against Google, American is perhaps the largest company to do so, according to a blog post by Eric Goldman, assistant professor and director of the High Tech Law Institute at the Santa Clara University School of Law.

"American Airlines apparently decided it was worth going to war over this issue and is prepared to pay the big bucks to litigate this case accordingly. If this lawsuit runs its course, I expect this to be a hard-fought and expensive lawsuit," Goldman wrote. "My working theory is that this was not a good lawsuit for American Airlines to bring."

Goldman questioned whether American has ever bought third-party trademarks as keywords. "I'd be surprised if American Airlines has run a completely clean shop," he said. "Finally, it's not in Google's nature to retaliate this way, but I wonder what would happen if Google decided to cut off keyword advertising for American Airlines."

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Brandi Chastain Fights the Flu | View Clip
10/01/2010
Parents - Online

Brandi Chastain, Olympic and World Cup champion soccer star and mother of two, gives tons of high-fives to kids' germ-covered hands, so she knows the importance of washing hands when it comes to flu prevention. This year she's one of the spokespeople for “When Will You Pick?”as in, which day you'll pick to get your flu vaccination.

When we spoke to Chastain, she talked about her own experience with the vaccine last year. She allowed her 3-year-old son (pictured with Mom on the right) to choose between the shot and the nasal spray version. In a not-shocking twist, he picked the spray. “I think giving him a choice kind of empowered him, like was taking care of fighting the germs,” Chastain says. However, not everyone is eligible to receive Flu-Mist. Click here for more information.

Chastain keeps herself and her family healthy not only through vaccination, but also by teaching them healthy practices like sneezing into elbows, exercising regularly and eating nutritiously. They live by the motto “Grow big and strong.”

This Saturday, Chastain will play her retirement game at Buck Shaw Stadium at Santa Clara University in Santa Clara, California. Proceeds from the game will benefit her Reach uP! Foundation, an organization that encourages healthy lifestyles for girls. Chastain invites you, our Goody Blog readers, to join in on the fun. Don't forget to wash your hands before you give her that high-five!

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Hewlett-Packard springs unwelcome surprise by selecting recently dumped SAP chief as new CEO | View Clip
10/01/2010
Orlando Sentinel - Online

MICHAEL LIEDTKE AP Technology Writer

4:13 a.m. EDT, October 1, 2010

SAN FRANCISCO (AP) — Hewlett-Packard Co.'s board upset many investors when it forced out Mark Hurd as CEO nearly two months ago. Now, those directors appear to have baffled Wall Street with its selection of HP's new leader — Leo Apotheker, who lost his job running German business software maker SAP earlier this year after he didn't live up to expectations.

Thursday's announcement caught almost everyone off guard, causing HP's shares to slip back into a funk that began in early August after the board ousted the well-regarded Hurd amid allegations of sexual harassment and deceptive expense reports.

Most analysts had expected HP to hire from within, or tap an outsider with a more impressive resume than Apotheker's.

"I thought it would be difficult for HP to hire an outsider and have its stock to go down, but this board seems to have found a way," Gleacher & Co. analyst Brian Marshall said.

HP shares fell $1.21, or 2.9 percent, in Thursday's extended trading. Before Apotheker's hiring was announced, the stock closed the regular session at $42.07, down 46 cents.

The market value of the world's largest technology company has been sagging since Hurd was shown the door, intensifying the pressure on HP's board to find a CEO who would restore investor confidence.

Apotheker, a 57-year-old German, spent most of his career at SAP AG before being promoted to CEO in April 2008. He lasted less than two years in the position. SAP decided not to renew his contract when it expired nearly eight months ago, largely because SAP's financial performance faltered after Apotheker raised the fees that the company's customers paid to maintain and upgrade software.

"SAP's customer relationships suffered badly and so did employee morale while (Apotheker) was there, so this is a bit of an odd choice by HP," said software analyst Paul Hamerman of Forrester Research.

But HP's board is confident it found the right man for the job.

"Leo is a strategic thinker with a passion for technology, wide-reaching global experience and proven operational discipline — exactly what we were looking for in a CEO," said Robert Ryan, the lead independent director on HP's board.

HP also named Ray Lane, another candidate for the CEO position, as its non-executive chairman.

Lane, 63, is currently a partner at renowned venture capital firm, Kleiner Perkins Caufield & Byers, but he is best known in Silicon Valley as the former chief operating officer at SAP rival Oracle Corp.

Although he was hailed for helping Oracle recover from an accounting scandal, Lane was dumped by the company's mercurial CEO, Larry Ellison, a decade ago.

In an ironic twist, Ellison hired Hurd as his top lieutenant after publicly blasting HP's board for forcing him out of his job.

"This looks like a mixed bag," Marshall said. "On one hand, Ray Lane is the real deal and should do wonders for that board. But on the other end, there is no getting around the fact that SAP pretty much fired (Apotheker)."

The decision to give Apotheker another shot at being a CEO may renew questions about the competency of HP's board, predicted Stephen Diamond, a Santa Clara University associate professor of law specializing in corporate governance. Besides its decision to jettison Hurd, HP's board had previously come under fire for spying on the phone records of journalists and other directors.

"It looks like the board almost punted this decision," Diamond said. "This doesn't look like a very stable, long-term solution for the company."

Since leaving SAP, Apotheker said he has been enjoying some time off and consulting with companies. He is scheduled to take over HP's helm Nov. 1.

Although it's a large company, SAP's emphasis on business software means it has a much narrower focus than HP. Carrying out a strategy crafted by Hurd, HP is trying to build upon its leadership in personal computers and printers by expanding into technology services, data storage and security.

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Hewlett-Packard springs unwelcome surprise by selecting recently dumped SAP chief as new CEO | View Clip
10/01/2010
Chicago Tribune - Online

Hewlett-Packard Co.'s board upset many investors when it forced out Mark Hurd as CEO nearly two months ago. Now, those directors appear to have baffled Wall Street with its selection of HP's new leader — Leo Apotheker, who lost his job running German business software maker SAP earlier this year after he didn't live up to expectations. Thursday's announcement caught almost everyone off guard, causing HP's shares to slip back into a funk that began in early August after the board ousted the well-regarded Hurd amid allegations of sexual harassment and deceptive expense reports. Most analysts had expected HP to hire from within, or tap an outsider with a more impressive resume than Apotheker's. "I thought it would be difficult for HP to hire an outsider and have its stock to go down, but this board seems to have found a way," Gleacher & Co. analyst Brian Marshall said. HP shares fell $1.21, or 2.9 percent, in Thursday's extended trading. Before Apotheker's hiring was announced, the stock closed the regular session at $42.07, down 46 cents. The market value of the world's largest technology company has been sagging since Hurd was shown the door, intensifying the pressure on HP's board to find a CEO who would restore investor confidence. Apotheker, a 57-year-old German, spent most of his career at SAP AG before being promoted to CEO in April 2008. He lasted less than two years in the position. SAP decided not to renew his contract when it expired nearly eight months ago, largely because SAP's financial performance faltered after Apotheker raised the fees that the company's customers paid to maintain and upgrade software. "SAP's customer relationships suffered badly and so did employee morale while (Apotheker) was there, so this is a bit of an odd choice by HP," said software analyst Paul Hamerman of Forrester Research. But HP's board is confident it found the right man for the job. "Leo is a strategic thinker with a passion for technology, wide-reaching global experience and proven operational discipline — exactly what we were looking for in a CEO," said Robert Ryan, the lead independent director on HP's board. HP also named Ray Lane, another candidate for the CEO position, as its non-executive chairman. Lane, 63, is currently a partner at renowned venture capital firm, Kleiner Perkins Caufield & Byers, but he is best known in Silicon Valley as the former chief operating officer at SAP rival Oracle Corp. Although he was hailed for helping Oracle recover from an accounting scandal, Lane was dumped by the company's mercurial CEO, Larry Ellison, a decade ago. In an ironic twist, Ellison hired Hurd as his top lieutenant after publicly blasting HP's board for forcing him out of his job. "This looks like a mixed bag," Marshall said. "On one hand, Ray Lane is the real deal and should do wonders for that board. But on the other end, there is no getting around the fact that SAP pretty much fired (Apotheker)." The decision to give Apotheker another shot at being a CEO may renew questions about the competency of HP's board, predicted Stephen Diamond, a Santa Clara University associate professor of law specializing in corporate governance. Besides its decision to jettison Hurd, HP's board had previously come under fire for spying on the phone records of journalists and other directors. "It looks like the board almost punted this decision," Diamond said. "This doesn't look like a very stable, long-term solution for the company." Since leaving SAP, Apotheker said he has been enjoying some time off and consulting with companies. He is scheduled to take over HP's helm Nov. 1. Although it's a large company, SAP's emphasis on business software means it has a much narrower focus than HP. Carrying out a strategy crafted by Hurd, HP is trying to build upon its leadership in personal computers and printers by expanding into technology services, data storage and security. In a Thursday interview, Apotheker said he would start off with a "listening tour" and rely heavily on HP's current management team to help him get a better handle on a company that employees more than 300,000 people. "HP has such a broad portfolio of products that I don't think there is a single human being on the planet that would know them all and be an expert in all of them," Apotheker said. While he was at SAP, Apotheker concentrated on the sales side of the business instead of the engineering that went into the company's products, according to analysts. "He is good at sales execution, but he never had a real clear road map on innovation," Hamerman, the Forrester analyst, said. "This may signal that HP is interested in making more software acquisitions." SAP also is based in Germany, creating the potential for some cultural adjustments as Apotheker tries to adapt to HP ways that have been shaped during a 71-year history in the freewheeling Silicon Valley. That's where Lane could help: He has been in Silicon Valley for the past two decades. In an interview, Lane said he has known Apotheker for 20 years and intends to ensure the new CEO has the "support system" he needs to succeed. Lane also said he doesn't get any special satisfaction from chairing the board of a company that is increasingly competing against Oracle. "It's irrelevant," Lane said. "Oracle is a partner and a competitor, just like IBM, just like SAP. I think we are going to have the same relationship with have with Oracle as we have with everyone else." Todd Bradley, who oversees HP's personal computer decision, had been widely considered to be HP's top internal candidate. Although Bradley is bound to be disappointed about being passed over, Marshall expects him to remain at HP. Wall Street probably would have been happier if Hurd had remained as CEO, given that the company's market value nearly doubled during his five-year reign. But HP said he violated the company's ethics policies — the very guidelines he helped tighten after the telephone surveillance scandal broke four years ago. Hurd was found to have submitted inaccurate expense reports for his dinners with HP marketing contractor, Jodie Fisher. She accused Hurd of sexual harassment, which kick-started an investigation by HP that uncovered the expense reports. Hurd insists he didn't prepare his own reports, and that Fisher's name wasn't intentionally left off. Fisher and Hurd settled out of court for an undisclosed sum. Hurd, 53, is now in line to make more than $10 million in salary and bonuses during the first year of his new job at Oracle.

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Hewlett-Packard springs unwelcome surprise by selecting recently dumped SAP chief as new CEO | View Clip
10/01/2010
San Francisco Examiner - Online

SAN FRANCISCO Hewlett-Packard Co.'s board upset many investors when it forced out Mark Hurd as CEO nearly two months ago. Now, those directors appear to have baffled Wall Street with its selection of HP's new leader ? Leo Apotheker, who lost his job running German business software maker SAP earlier this year after he didn't live up to expectations.

Thursday's announcement caught almost everyone off guard, causing HP's shares to slip back into a funk that began in early August after the board ousted the well-regarded Hurd amid allegations of sexual harassment and deceptive expense reports.

Most analysts had expected HP to hire from within, or tap an outsider with a more impressive resume than Apotheker's.

"I thought it would be difficult for HP to hire an outsider and have its stock to go down, but this board seems to have found a way," Gleacher & Co. analyst Brian Marshall said.

HP shares fell $1.21, or 2.9 percent, in Thursday's extended trading. Before Apotheker's hiring was announced, the stock closed the regular session at $42.07, down 46 cents.

The market value of the world's largest technology company has been sagging since Hurd was shown the door, intensifying the pressure on HP's board to find a CEO who would restore investor confidence.

Apotheker, a 57-year-old German, spent most of his career at SAP AG before being promoted to CEO in April 2008. He lasted less than two years in the position. SAP decided not to renew his contract when it expired nearly eight months ago, largely because SAP's financial performance faltered after Apotheker raised the fees that the company's customers paid to maintain and upgrade software.

"SAP's customer relationships suffered badly and so did employee morale while (Apotheker) was there, so this is a bit of an odd choice by HP," said software analyst Paul Hamerman of Forrester Research.

But HP's board is confident it found the right man for the job.

"Leo is a strategic thinker with a passion for technology, wide-reaching global experience and proven operational discipline ? exactly what we were looking for in a CEO," said Robert Ryan, the lead independent director on HP's board.

HP also named Ray Lane, another candidate for the CEO position, as its non-executive chairman.

Lane, 63, is currently a partner at renowned venture capital firm, Kleiner Perkins Caufield & Byers, but he is best known in Silicon Valley as the former chief operating officer at SAP rival Oracle Corp.

Although he was hailed for helping Oracle recover from an accounting scandal, Lane was dumped by the company's mercurial CEO, Larry Ellison, a decade ago.

In an ironic twist, Ellison hired Hurd as his top lieutenant after publicly blasting HP's board for forcing him out of his job.

"This looks like a mixed bag," Marshall said. "On one hand, Ray Lane is the real deal and should do wonders for that board. But on the other end, there is no getting around the fact that SAP pretty much fired (Apotheker)."

The decision to give Apotheker another shot at being a CEO may renew questions about the competency of HP's board, predicted Stephen Diamond, a Santa Clara University associate professor of law specializing in corporate governance. Besides its decision to jettison Hurd, HP's board had previously come under fire for spying on the phone records of journalists and other directors.

"It looks like the board almost punted this decision," Diamond said. "This doesn't look like a very stable, long-term solution for the company."

Since leaving SAP, Apotheker said he has been enjoying some time off and consulting with companies. He is scheduled to take over HP's helm Nov. 1.

Although it's a large company, SAP's emphasis on business software means it has a much narrower focus than HP. Carrying out a strategy crafted by Hurd, HP is trying to build upon its leadership in personal computers and printers by expanding into technology services, data storage and security.

In a Thursday interview, Apotheker said he would start off with a "listening tour" and rely heavily on HP's current management team to help him get a better handle on a company that employees more than 300,000 people.

"HP has such a broad portfolio of products that I don't think there is a single human being on the planet that would know them all and be an expert in all of them," Apotheker said.

While he was at SAP, Apotheker concentrated on the sales side of the business instead of the engineering that went into the company's products, according to analysts.

"He is good at sales execution, but he never had a real clear road map on innovation," Hamerman, the Forrester analyst, said. "This may signal that HP is interested in making more software acquisitions."

SAP also is based in Germany, creating the potential for some cultural adjustments as Apotheker tries to adapt to HP ways that have been shaped during a 71-year history in the freewheeling Silicon Valley.

That's where Lane could help: He has been in Silicon Valley for the past two decades. In an interview, Lane said he has known Apotheker for 20 years and intends to ensure the new CEO has the "support system" he needs to succeed.

Lane also said he doesn't get any special satisfaction from chairing the board of a company that is increasingly competing against Oracle.

"It's irrelevant," Lane said. "Oracle is a partner and a competitor, just like IBM, just like SAP. I think we are going to have the same relationship with have with Oracle as we have with everyone else."

Todd Bradley, who oversees HP's personal computer decision, had been widely considered to be HP's top internal candidate. Although Bradley is bound to be disappointed about being passed over, Marshall expects him to remain at HP.

Wall Street probably would have been happier if Hurd had remained as CEO, given that the company's market value nearly doubled during his five-year reign. But HP said he violated the company's ethics policies ? the very guidelines he helped tighten after the telephone surveillance scandal broke four years ago.

Hurd was found to have submitted inaccurate expense reports for his dinners with HP marketing contractor, Jodie Fisher. She accused Hurd of sexual harassment, which kick-started an investigation by HP that uncovered the expense reports. Hurd insists he didn't prepare his own reports, and that Fisher's name wasn't intentionally left off.

Fisher and Hurd settled out of court for an undisclosed sum. Hurd, 53, is now in line to make more than $10 million in salary and bonuses during the first year of his new job at Oracle.

Return to Top



Hewlett-Packard springs unwelcome surprise by selecting recently dumped SAP chief as new CEO | View Clip
10/01/2010
San Francisco Examiner - Online

SAN FRANCISCO — Hewlett-Packard Co.'s board upset many investors when it forced out Mark Hurd as CEO nearly two months ago. Now, those directors appear to have baffled Wall Street with its selection of HP's new leader — Leo Apotheker, who lost his job running German business software maker SAP earlier this year after he didn't live up to expectations.

Thursday's announcement caught almost everyone off guard, causing HP's shares to slip back into a funk that began in early August after the board ousted the well-regarded Hurd amid allegations of sexual harassment and deceptive expense reports.

Most analysts had expected HP to hire from within, or tap an outsider with a more impressive resume than Apotheker's.

"I thought it would be difficult for HP to hire an outsider and have its stock to go down, but this board seems to have found a way," Gleacher & Co. analyst Brian Marshall said.

HP shares fell $1.21, or 2.9 percent, in Thursday's extended trading. Before Apotheker's hiring was announced, the stock closed the regular session at $42.07, down 46 cents.

The market value of the world's largest technology company has been sagging since Hurd was shown the door, intensifying the pressure on HP's board to find a CEO who would restore investor confidence.

Apotheker, a 57-year-old German, spent most of his career at SAP AG before being promoted to CEO in April 2008. He lasted less than two years in the position. SAP decided not to renew his contract when it expired nearly eight months ago, largely because SAP's financial performance faltered after Apotheker raised the fees that the company's customers paid to maintain and upgrade software.

"SAP's customer relationships suffered badly and so did employee morale while (Apotheker) was there, so this is a bit of an odd choice by HP," said software analyst Paul Hamerman of Forrester Research.

But HP's board is confident it found the right man for the job.

"Leo is a strategic thinker with a passion for technology, wide-reaching global experience and proven operational discipline — exactly what we were looking for in a CEO," said Robert Ryan, the lead independent director on HP's board.

HP also named Ray Lane, another candidate for the CEO position, as its non-executive chairman.

Lane, 63, is currently a partner at renowned venture capital firm, Kleiner Perkins Caufield & Byers, b