Santa Clara University

SCU in the News--(May 12 - 25, 2011)

SCU in the News--(May 12 - 25, 2011)

Report Overview:
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Other (159)


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Other (159)
Summer arts: Oregon Shakespeare Fest brings changes to its repertoire 05/26/2011 Contra Costa Times - Online Text View Clip
What Techniques and Technology Power Zilog's General Counsel? 05/25/2011 Law Technology News Text View Clip
New priests: 'The courage to say yes to God's invitation' 05/25/2011 Tidings - Online Text View Clip
Artists have just three days to create masterpieces for Los Gatos Plein Air Art Show 05/25/2011 San Jose Mercury News - Online Text View Clip
First Wind Continues Growth of its Scholarship Program with Announcement of Fifteen Recipients for 2011 05/25/2011 Citybizlist Boston Text View Clip
Failing Elegantly - How Fancy Losing is Killing Your Organization 05/25/2011 Restaurant News Resource Text View Clip
Is Your Team Failing Elegantly? Seven Leadership Mistakes That Wear Away at Your Company’s Will to Win 05/25/2011 Hotel News Resource Text View Clip
5 Reasons We Spend Money when We Shouldn't 05/25/2011 Associated Content Text View Clip
Drug Marketing Often Targets Med Students: Analysis 05/25/2011 iVillage Text View Clip
Drug Marketing Often Targets Med Students: Analysis 05/25/2011 National Women's Health Information Center Text View Clip
Drug Marketing Often Targets Med Students: Analysis 05/25/2011 U.S. News & World Report Text View Clip
Drug Marketing Often Targets Med Students: Analysis 05/25/2011 US News Text View Clip
Drug Marketing Often Targets Med Students: Analysis 05/25/2011 HealthDay Text View Clip
Drug Marketing Often Targets Med Students: Analysis 05/25/2011 Bio-Medicine Text View Clip
Drug Marketing Often Targets Med Students: Analysis 05/25/2011 Health.com Text View Clip
Drug Marketing Often Targets Med Students: Analysis 05/25/2011 Hi-Wire Text View Clip
Redistricting inspires surprising passion in San Jose 05/25/2011 San Jose Mercury News - Online Text View Clip
Alaskan takes on the world in taekwondo 05/25/2011 Anchorage Daily News Text
Santa Clara University Partners with Ayllu to Create Map of Off-Grid Energy Solutions 05/25/2011 Environmental Protection - Online Text View Clip
*Clergy Sex Abuse Report: Let's Rely on Science, Not Hysteria 05/25/2011 Huffington Post, The Text View Clip
In Praise of Sorkin's Praise of Lowenstein's Praise of Financial CEOs | The Big Picture 05/24/2011 BIG PICTURE, The Text View Clip
In Praise of Sorkin's Praise of Lowenstein's Praise of Financial CEOs 05/24/2011 Houston Chronicle - Online Text View Clip
College Bound Latino Students Recognized 05/24/2011 Milpitas Patch Text View Clip
Gag on the press, loosened online 05/24/2011 International Herald Tribune Text
Fix your money mistakes: Market timing 05/24/2011 Fortune - Online Text View Clip
Girls just want to have funds 05/24/2011 Chicago Tribune - Online Text View Clip
Drug Marketing Often Targets Med Students: Analysis 05/24/2011 msn.com Text View Clip
REDISTRICTING SPARKS FLY 05/24/2011 San Jose Mercury News Text
British Gag Order and A Flurry of  Tweets Put Free Speech to the Test 05/23/2011 The Jakarta Globe - Online Text View Clip
Free speech on Twitter faces test 05/23/2011 Herald-Journal - Online Text View Clip
Free Speech on Twitter Faces Test 05/23/2011 CNBC - Online Text View Clip
Free Speech on Twitter Faces Test 05/23/2011 Lexington Dispatch - Online, The Text View Clip
Free Speech on Twitter Faces Test 05/23/2011 Wilmington Star-News - Online Text View Clip
Free Speech on Twitter Faces Test 05/23/2011 Houma Courier - Online Text View Clip
Free Speech on Twitter Faces Test 05/23/2011 Gainesville Sun - Online, The Text View Clip
Free Speech on Twitter Faces Test 05/23/2011 Sarasota Herald-Tribune - Online Text View Clip
Free Speech On Twitter Faces Test 05/23/2011 New York Times, The Text
Free Speech on Twitter Faces Test 05/23/2011 Tuscaloosa News - Online, The Text View Clip
Free Speech on Twitter Faces Test 05/23/2011 Pittsburgh Post-Gazette - Online Text View Clip
*San Mateo County Sheriff Critical Of Supreme Court Ruling On Prison Overcrowding 05/23/2011 KCBS-AM Text View Clip
Santa Clara University law school marks centennial with graduation ceremony 05/22/2011 InsideBayArea.com Text View Clip
Santa Clara University law school marks centennial with graduation ceremony 05/22/2011 California Chronicle Text View Clip
Santa Clara University law school marks centennial with graduation ceremony 05/22/2011 San Gabriel Valley Tribune - Online Text View Clip
Santa Clara University law school marks centennial with graduation ceremony 05/22/2011 Contra Costa Times - Online Text View Clip
Santa Clara University law school marks centennial with graduation ceremony [San Jose Mercury News, Calif.] 05/22/2011 Evergreen Investments Text View Clip
Why moms kill 05/22/2011 Fort Collins Coloradoan - Online, The Text View Clip
Free Speech on Twitter Faces Test 05/22/2011 New York Times - Online, The Text View Clip
*Other schools may offer lessons on handling assault 05/22/2011 Tribune, The Text View Clip
Other schools may offer lessons on handling assault 05/22/2011 Tribune - Online, The Text View Clip
Free speech on Twitter faces test 05/22/2011 NDTV Text View Clip
SCU LAW SCHOOL GRADUATES 300 IN CENTENNIAL YEAR 05/22/2011 San Jose Mercury News Text
Girls Just Want to Have Funds 05/21/2011 Yahoo! Xtra Business Text View Clip
Girls Just Want to Have Funds 05/21/2011 Yahoo! Finance Australia Text View Clip
Girls Just Want To Have Funds 05/21/2011 Wall Street Journal Text View Clip
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 Press-Telegram - Online Text View Clip
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 San Jose Mercury News - Online Text View Clip
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 Santa Cruz Sentinel - Online Text View Clip
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 Whittier Daily News Text View Clip
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 Daily Review, The Text
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 Tri-Valley Herald Text
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 Alameda Times-Star Text
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 Oakland Tribune Text
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 Argus, The Text
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 San Mateo County Times Text
Santa Clara University law school marks centennial with graduation ceremony 05/21/2011 Contra Costa Times Text
BRIEFS: Relay for Life, San Juan Oaks team up for benefit golf tournament 05/20/2011 Hollister Free Lance Text View Clip
Records of Assembly speaker as Cal grad went unchallenged 05/20/2011 California Watch Text View Clip
» Union Apologist: 'Moral Obligation' Not To Terminate Teachers' Livelihood - Big Government 05/20/2011 Big Government Text View Clip
UFV news and notes: Preseason hoops tourney set for tip-off 05/20/2011 BCLocalNews.com Text View Clip
Giving Clients What They Need 05/20/2011 AdvisorOne Text View Clip
*Republican Block Obama Judicial Nominee 05/20/2011 Wall Street Journal - Washington DC Bureau Text View Clip
Michelle Chappel leaves academia for music 05/19/2011 San Jose Mercury News - Online Text View Clip
US inquiry of Google on drug ads 05/19/2011 Herald-Journal - Online Text View Clip
Fix your Money Mistakes: Market timing 05/19/2011 Yahoo! Xtra Business Text View Clip
Fix your Money Mistakes: Market timing 05/19/2011 Yahoo! Finance Australia Text View Clip
Fix your Money Mistakes: Market timing 05/19/2011 Yahoo! Canada Text View Clip
Records of Assembly Speaker as Cal grad went unchallenged 05/19/2011 KXTV-TV - Online Text View Clip
Young cancer patients enjoy Courageous Kids Day at Great America 05/19/2011 San Jose Mercury News - Online Text View Clip
A missionary's task requires both sacrifice and support 05/19/2011 St. Louis Review Text View Clip
Wellness study finds split in rich and poor 05/19/2011 Daily Breeze - Online Text View Clip
Pro & Con 05/19/2011 Atlanta Journal-Constitution Text
Records of Assembly speaker as Berkeley graduate long went unchallenged 05/19/2011 Bakersfield Californian - Online, The Text View Clip
Cummins announces retirement 05/18/2011 Morgan Hill Times Text View Clip
Jesuit School of Theology of Santa Clara University doubly honored 05/18/2011 National Catholic Reporter Online Text View Clip
Meir Statman, Leavey School of Business: The Extended 2011 IA 25 Profile 05/18/2011 AdvisorOne Text View Clip
Legal expert dubious about class-action counterclaim against Righthaven 05/18/2011 Las Vegas Sun Text View Clip
The New John Jay Report on Clergy Abuse in the Catholic Church 05/18/2011 Psychology Today - Online Text View Clip
Pro & Con: Could high-speed rail boost U.S. economy and create jobs? 05/18/2011 Atlanta Journal-Constitution - Online Text View Clip
*Jesuit School of Theology of Santa Clara University doubly honored 05/18/2011 National Catholic Reporter Online Text View Clip
Bay to Breakers at 100: tame party 05/17/2011 San Francisco Chronicle - Online Text View Clip
Chemical industry group selects 2011 scholars, arranges student internships 05/17/2011 Journal of the American Chemical Society Text View Clip
Professors debate functionality 05/17/2011 Managing IP Text View Clip
Race sobers up at 100 05/16/2011 San Francisco Chronicle Text
Yahoo and Chinese partner in messy spat 05/16/2011 Inland Valley Daily Bulletin - Online Text View Clip
Yahoo, Alibaba work to patch things up 05/16/2011 SiliconValley.com Text View Clip
YAHOO DISPUTE WITH CHINESE PARTNER EASING 05/16/2011 San Jose Mercury News Text
Our last chance to arise from slumber and seize the future 05/16/2011 Irish Times Text
For academics, a day of practical matters 05/16/2011 Managing IP Text View Clip
Laughter prompts better decisions 05/16/2011 Canadian Business - Online Text View Clip
ERIC GOLDMAN, DIRECTOR OF SANTA CLARA UNIVERSITY'S HIGH TECH LAWINSTITUTE, SAYS THE $500 MILLION FIGURE IS A CLUE AS TO HOW MUCH MONEYGOOGLE WAS MAKING FROM THESE ADS. 05/16/2011 Sunrise Today - WICS-TV Text
ERIC GOLDMAN, DIRECTOR OF SANTA CLARA UNIVERSITY'S HIGH TECH LAW INSTITUTE, SAYS THE $500 MILLION FIGURE IS A CLUE AS TO HOW MUCH MONEY GOOGLE WAS MAKING FROM THESE ADS. 05/16/2011 News 13 at Noon - WLOS-TV Text
'Mobilizing Conference' for Public Schools Revives '60s-Era Campus Radicalism 05/15/2011 Right Wing News Text View Clip
Our last chance to arise from slumber and seize the future 05/15/2011 Irish Times Text View Clip
Eric goldman, director of Santa clara University's high tech law institute, says the $500 million figure is a clue as to how much money Google was making from these ads. 05/15/2011 News 8 at 10 PM - WQAD-TV Text
YAHOO IN SPAT WITH PARTNER 05/14/2011 San Jose Mercury News Text
Yahoo and Chinese partner in messy spat 05/14/2011 San Jose Mercury News - Online Text View Clip
Yahoo and Chinese partner in messy spat 05/14/2011 SiliconValley.com Text View Clip
Google Is Said to Have Broken Internal Rules on Drug Ads 05/14/2011 Pittsburgh Post-Gazette - Online Text View Clip
Google accepted ads from rogue pharmacies, firm says 05/14/2011 Chico Enterprise Record - Online Text View Clip
Google accepted ads from rogue pharmacies, firm says 05/14/2011 San Jose Mercury News - Online Text View Clip
Google accepted ads from rogue pharmacies, firm says 05/14/2011 InsideBayArea.com Text View Clip
Google Is Said to Have Broken Internal Rules on Drug Ads 05/14/2011 Sarasota Herald-Tribune - Online Text View Clip
Google Is Said to Have Broken Internal Rules on Drug Ads 05/14/2011 Houma Courier - Online Text View Clip
Firm Says Google Accepted Ads From Rogue Pharmacies 05/14/2011 New York Times, The Text
Google Is Said to Have Broken Internal Rules on Drug Ads 05/14/2011 Lexington Dispatch - Online, The Text View Clip
Google Is Said to Have Broken Internal Rules on Drug Ads 05/14/2011 Times-News - Online Text View Clip
GOOGLE BEING PROBED FOR DRUG ADS 05/14/2011 San Jose Mercury News Text
U.S. investigating Google over ads by unlawful online pharmacies 05/14/2011 International Herald Tribune Text
Facebook wagesPRwar on Google 05/14/2011 Daily News, The Text View Clip
Fremont school gears up for science fair 05/14/2011 Argus, The Text View Clip
Advanced therapeutic delivery technologies for orthopedic and dental infectious diseases. 05/14/2011 Med Tech Sentinel Text View Clip
'Reaching Out' at Salinas' Alisal Center for the Fine Arts: A Leo Cortez play 05/13/2011 Salinas Californian - Online, The Text View Clip
U.S. Inquiry Of Google On Drug Ads 05/13/2011 Pittsburgh Post-Gazette - Online Text View Clip
U.S. Inquiry of Google on Drug Ads 05/13/2011 Sarasota Herald-Tribune - Online Text View Clip
U.S. Inquiry Into Google On Drug Ads 05/13/2011 New York Times, The Text
U.S. Inquiry of Google on Drug Ads 05/13/2011 Gainesville Sun - Online, The Text View Clip
US inquiry of Google on drug ads 05/13/2011 Herald-Journal - Online Text View Clip
U.S. Inquiry of Google on Drug Ads 05/13/2011 Houma Courier - Online Text View Clip
Campbell's Perez wins a grant for his art--speaking 05/13/2011 San Jose Mercury News - Online Text View Clip
Google accepted ads from rogue pharmacies, firm says 05/13/2011 SiliconValley.com Text View Clip
Google accepted ads from rogue pharmacies, firm says 05/13/2011 Inland Valley Daily Bulletin - Online Text View Clip
Google accepted ads from rogue pharmacies, firm says 05/13/2011 Contra Costa Times - Online Text View Clip
FACEBOOK WAGED STEALTH PR WAR ON GOOGLE 05/13/2011 San Jose Mercury News Text
Chic, affordable bags for every occasion 05/13/2011 Examiner.com Text View Clip
Liturgy, a History 05/13/2011 America: The National Catholic Weekly Text View Clip
Google to settle online drug ads investigation 05/13/2011 ABC Local - Online Text View Clip
Facebook's stealth attack on Google 05/13/2011 InsideBayArea.com Text View Clip
Facebook's stealth attack on Google 05/13/2011 Oroville Mercury-Register Text View Clip
Facebook's stealth attack on Google 05/13/2011 Contra Costa Times - Online Text View Clip
(CAMPUS SHOTS FROM COMPANIES SO WHY WOULD FACEBOOK TRY TO "PLANT" NEGATIVE STORIES ABOUT GOOGLE IN THE NEWS? ERIC GOLDMAN/SANTA CLARA UNIVERSITY ( 4456 0949-54 ) YOU KNOW WE ARE FRIENDS IN SILICON VALLEY UNTIL WE ARE NOT. 05/13/2011 TV 5 News at 6 PM - WNEM-TV Text
CAMPUS SHOTS FROM COMPANIES SO WHY WOULD FACEBOOK TRY TO "PLANT" NEGIVE STORIES ABOUT GOOGLE IN THE NEWS? ERIC GOLDMAN/SANTA CLARA UNIVERSITY 4456 0949-54 YOU KNOW WE ARE FRIENDS IN SILICON VALLEY UNTIL WE ARE NOT. 05/13/2011 News 10 at 6 PM - KWTX-TV Text
Facebook's stealth attack on Google 05/12/2011 SiliconValley.com Text View Clip
Facebook's stealth attack on Google 05/12/2011 San Jose Mercury News - Online Text View Clip
It's all about the music with Dr. Aileen James 05/12/2011 Union - Online, The Text View Clip
19 Action News|Cleveland, OH|Breaking News, Weather, ExclusivesKidZania Emphasizes Safety and Trust With Appointment of Former Yahoo! Executive to New VP Role 05/12/2011 WOIO-TV - Online Text View Clip
Generalized Reed Solomon Codes for Erasure Correction in SDDS 05/12/2011 ZDNet.fr Text View Clip
Indian population diversifying Bay Area's Asian population 05/12/2011 Whittier Daily News Text View Clip
Indian population diversifying Bay Area's Asian population 05/12/2011 San Jose Mercury News - Online Text View Clip
Indian population diversifying Bay Area's Asian population 05/12/2011 Chico Enterprise Record - Online Text View Clip
Indian population diversifying Bay Area's Asian population 05/12/2011 InsideBayArea.com Text View Clip
Indian population diversifying Bay Area's Asian population 05/12/2011 Oroville Mercury-Register Text View Clip
Indian population diversifying Bay Area's Asian population 05/12/2011 Santa Cruz Sentinel - Online Text View Clip
Indian population diversifying Bay Area's Asian population 05/12/2011 Contra Costa Times - Online Text View Clip
INDIAN-AMERICANS' SURGE RESHAPES VALLEY 05/12/2011 San Jose Mercury News Text
Google Is Investigated on Drug Ads 05/12/2011 New York Times - Online, The Text View Clip
U.S. Inquiry Of Google On Drug Ads 05/12/2011 New York Times - Online, The Text View Clip
Benicia Grads at Cal Maritime Academy 05/12/2011 Benicia Patch Text View Clip
*Catholic profs to Boehner: Shape up your faith 05/11/2011 Seattle Post-Intelligencer Text View Clip
*Bay Area photographer promotes conservation with marine life portraits 05/09/2011 Peninsula Press Text View Clip


Summer arts: Oregon Shakespeare Fest brings changes to its repertoire | View Clip
05/26/2011
Contra Costa Times - Online

Location, location, location is more than just the mantra of the real estate business. It's also the animating principle behind site-specific theater, a radical rethinking of the relationship between place and performance. Welcome to a brave new world of theater that is about to explored by the Oregon Shakespeare Festival in a project cheekily titled "WillFul."

Long considered a bastion of old-fashioned narratives, the powerhouse troupe has been undergoing a transformation at the hands of artistic director Bill Rauch. Since he took the helm of the $29 million dollar operation in 2007, Rauch has been infusing the canon with the cutting-edge in quaint old Ashland. He has brought musicals ("Pirates of Penzance") into the repertoire. He has launched an ambitious American history play cycle, including the highly anticipated Moscone family memoir "Ghost Light," which will debut in late June at the festival.

And now he is introducing one of the oldest and largest repertory companies in the country to the eyebrow raising realm of site-specific art with "WillFul." For the first time in the history of the 76-year-old company, the play is not the thing. This 85-minute theatrical adventure, debuting in early August, is all about the place.

"The best theater surprises you and makes you see the world anew," Rauch says. "Site-specific art actually makes you see spaces that you may feel you know well in completely fresh ways. That is a powerful metaphor

for seeing the world from a new perspective ... site-specific art can make the very ground become sacred, you've had an artistic experience in a space that leaves both the space and you forever changed."

Created by writer-director Michael Rohd and designer Shannon Scrofano, "WillFul" re-imagines the connection between art and audience and venue. You buy a ticket, but you don't get ushered into a seat. Instead, theatergoers find themselves led on a journey around the Oregon Shakespeare Festival campus. The venue itself becomes a character in the drama.

"Site-specific theater runs counter to the belief that the only way to tell the story is sitting in the dark in a crowded theater," Rohd says. "I've been coming to OSF for 20 years, and I have a huge place in my heart for the company, so it's not like we are coming here to do something super different to blow everyone away. We do want to offer the audience a less traditional experience."

Hearkening back to Peter Brook's revolutionary concept of theater as an "empty space" defined by the rituals that take place within it, this is a performance that doesn't involve a proscenium stage, plush seats or a fourth wall separating actors from audience members. (And you can forget about pre-ordering cocktails for the intermission, alas.)

"It's about creating a space of vulnerable receptivity," Rohd says. "When you enter a place where things are unexpected but you are still taken care of, then you can enjoy the surprises. The unveiling of the experience is part of the delight."

The play begins at the august Elizabethan Stage and ends at the intimate Black Swan, but what happens in between must remain a surprise. Actors are involved, as are costumes, props, lights and sets, but the nature of the narrative itself will be open-ended and unpredictable. Spoiler alert: The power of myth is on the menu.

"As artists we want to redefine the relationship between the audience and the art," Rohd says, "we want to have a conversation about the connection between place and space and participation."

Rohd honed his technique at the Portland-based Sojourn company which has set pieces in churches, car dealerships and even in a barn on an elk ranch. In addition to their unconventional locations, his projects often resemble town hall meetings, where voting is involved.

"I have known Michael for over 20 years now," Rauch says. "He is at the absolute cutting edge. Michael's work is smart and thoughtful, but also joyful in its sheer theatricality and ambition."

Of course, if you prefer iambic pentameter to experimental theater, there's no need to fret. Insatiable theater buffs can also sink their teeth into 11 plays from Shakespeare and Molière to Tracy Letts and Gilbert and Sullivan at this summer's festival. Ultimately it's that depth and breadth of theatrical riches that make Ashland a mecca for narrative junkies.

Indeed, "WillFul" gets a lot of its juice from the fact that its audience is deeply devoted to the company and its history. Rohd worked alongside the actors to sculpt an experience that appeals to the hard-core Ashland fan.

"If you are a pilgrimager," Rohd says, "you will experience the piece on a whole other level, because you bring those memories to it."

For the record, the average audience member at the Oregon Shakespeare Festival sees three plays in any one visit. This year they can make it three plays and one avant-garde site specific experience, a genre that bewitches theater aficionados.

"The work can be really thrilling," says Aldo Billingslea, professor of drama at Santa Clara University. "It invigorates the dramatic experience and gets the patron and the performer pumped, because the moment is so unique."

"It's so vital because you are pushed out of your comfort zone as an audience member, you don't know what to expect," agrees Amy Glazer, professor of theater and film at San Jose State University. "It all becomes so much more alive. It's a very underrated venue, and once you connect to it, the world is your oyster. Every space has a story."

Indeed, site-specific works are busting out all over these days. The British troupe Punchdrunk has taken over several abandoned New York City warehouses for its mobile take on the tragedy of Macbeth, "Sleep No More." San Jose State University's "Car Play," which spins around a gun-toting character in a parking garage, made headlines in March when a passer-by called the police.

"The combustion that we all felt as audience members," notes Glazer dryly, "added to the sense of adventure."

Likewise, "WillFul" riffs on the nature of storytelling on stage and off. It muses on the way each of us constructs our own mythology of who we are and what we do.

"Strange cool works of art invite you to reflect on yourself as well as on the art itself," Rohd says. "Are you the hero of your story or are you the victim? We want to explore the notion of personal narrative as each of us moves through the world."

AT A GLANCE

Oregon Shakespeare Festival

When: Now through Nov. 6

Where: Oregon Shakespeare Festival complex, 15 S. Pioneer Street, Ashland, Ore.

Tickets: $20-$100; 800-219-8161; www.osfashland.org

SCHEDULE

Shakespeare's "Measure for Measure": directed by Bill Rauch, now through Nov. 6

Molière's "The Imaginary Invalid": adapted by Oded Gross and Tracy Young and directed by Young, now through Nov. 6

Harper Lee's "To Kill a Mockingbird": adapted by Christopher Sergel and directed by Marion McClinton, now through July 3

Tracy Letts' "August: Osage County": directed by Christopher Liam Moore, now through Nov. 5

Carlyle Brown's "The African Company Presents Richard III": directed by Seret Scott, July 20 through Nov. 5

Julia Cho's "The Language Archive": directed by Laurie Woolery, now through June 18

Shakespeare's "Julius Caesar": directed by Amanda Dehnert, now through Nov. 6

Tony Taccone's "Ghost Light": directed by Jonathan Moscone, June 28 through Nov. 5

Shakespeare's "Henry IV, Part Two": directed by Lisa Peterson, May 31 through Oct. 7

Gilbert and Sullivan's "The Pirates of Penzance": directed by Bill Rauch, June 1 through Oct. 8

Shakespeare's "Love's Labor's Lost": directed by Shana Cooper, June 2 through Oct. 9

"WillFul": devised by writer-director Michael Rohd and designer Shannon Scrofano, Aug. 7 through Oct. 9

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What Techniques and Technology Power Zilog's General Counsel? | View Clip
05/25/2011
Law Technology News

Kellie Schmitt All Articles

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Dan Eaton, President and General Counsel for Zilog

Image: Jason Doiy/The Recorder

Zilog, which sells microprocessor and microcontroller products, was founded in California in 1974 by two former Intel engineers. Texas Pacific Group acquired the semiconductor maker in 1998, and several years later Zilog reorganized itself in a Chapter 11 bankruptcy. In the process, Texas Pacific Group exchanged its debt for equity and sold off its interests. Zilog went public in 2004.

In 2009, Zilog reported revenue of $36.2 million, down from $67.2 million in 2008. Last year, Milpitas, Calif.-based IXYS bought Zilog, taking it private. Zilog now has about 140 employees worldwide.

LEGAL TEAM AND OUTSIDE COUNSEL

Vice President and General Counsel Dan Eaton, 46, is Zilog's only in-house lawyer. An engineer by training, he attended night school while at Zilog and obtained a law degree two years ago, and was then given the general counsel title. Eaton practices in many fields of law, including corporate, employment and intellectual property, from the company's Milpitas office, but stays away from projects that require a sustained focus on one task. "Would I want to draft a 100-page merger agreement? Absolutely not," he said.

Eaton hires outside attorneys for complicated transactional work and for all of the company's patent prosecution needs. Not having a paralegal is a little harder, though Eaton can save some of that work for law student interns during the summer or winter breaks. "One way or another, I figure out a way to get things done," he said.

When Eaton looks to hire an outside firm, "they have to be an expert in their field," he said. He works with Thomas Ivey at Skadden, Arps, Slate, Meagher & Flom for his expertise in M&A. Ivey and his team represented Zilog in its $62.4 million sale to IXYS last year, as well as in a $30 million asset sale the year before. Skadden also handled two shareholder suits filed in conjunction with the merger, both of which were dismissed with prejudice.

Eaton also works with Mark Grant at Los Gatos, Calif.-based Grant & Associates for transactions and some patent questions. But he sends almost all his patent prosecution work to T. Lester Wallace at Pleasanton-based Imperium Patent Works.

Cost is another important factor in hiring outside firms, and alternative billing arrangements are attractive, he said. "We do run a business and need to watch our top and bottom lines, and that is a factor in determining who I use and how much I use them." With Imperium, for example, Zilog has arranged to give the firm nearly all of its patent prosecution work in return for competitive pricing.

As general counsel, Eaton sets the legal culture for the entire corporation. "It's one where we are thorough and don't cut corners," he said.

SYSTEMS UPGRADE

Since Eaton is an engineer by training, he's process driven and tries to bring that systematic approach to the company's legal work. One example is the process he developed for nondisclosure agreements, something the company issues to customers several times a week. To make the process more efficient, Eaton created an automated, pre-signed agreement which employees can download for customers. All they have to do is add the customer-specific information and signatures. "It really works well," he said. "I designed it several years ago to fill a need and I didn't anticipate the kind of success it's had." About 90 percent of Zilog's customers use the automated form.

Eaton also has worked with several interns to review every single paper agreement and organize them into a bar-coded contracts database. This makes finding a specific contract easier. "When an auditor asks me for contracts from Q1 of 2011, I can pull that up with touch of a button," Eaton said. During the IXYS acquisition, he could easily print out agreements from the company's nearly 38-year-old history. "It was a long process with many agreements but it was well worth it."

DAILY DUTIES

Recently, Eaton has been biking into the office from his home in the San Jose foothills. He leaves home about 7 a.m. and arrives between 7:30 and 8, just in time to shower before work. "It really clears out your head," he said. "You can do your thinking and plan your day."

Eaton says he enjoys the diversity of his day-to-day obligations. Since almost everything is related to intellectual property and technology, his engineering mind is satisfied. Along with licensing transactions, he polices the company's patents and trademarks. Eaton has traveled to China, India, and to its domestic locations to protect the company's intellectual property.

Occasionally, he'll get a call from the Department of Homeland Security's Anchorage, Alaska, office after seizing possible counterfeit shipments. The department will send photographs, which Eaton will forward to Zilog's manufacturing team in the Philippines. They'll analyze whether the shipment is counterfeit, which has been the case in all but one of the 40-some cases. If he confirms the shipment is counterfeit, Customs will seize everything. Most of the counterfeit shipments come from China.

Sometimes, Eaton handles litigation, too. He recently litigated a patent infringement case in the Eastern District of Texas, negotiating what he called a "successful outcome." And he successfully sued a tenant who breached a sublease in Washington, a case handled in California state court, using Washington law.

Last year's merger with IXYS has eliminated some of Eaton's public disclosure work since Zilog is now a private company.

ROUTE TO PRESENT POSITION

Eaton has an electrical engineering degree from New Mexico State University. He worked in various engineering and managerial roles, running projects with 20-person teams, before joining Zilog in 2001 as a manager of engineering. He already knew the company — he remembers programming on the Z80 microprocessor when he was an engineering student in 1983. "Every engineer in the world knows what that is," he said. "It's the stuff every Silicon Valley engineer was trained on." When a board member selected Eaton to run the intellectual property department, "I reluctantly agreed because I didn't want to tell the board member no," Eaton said. "I wanted to stay technical, close to the product." But in his new role, he enjoyed protecting Zilog's research and development investments. He also liked using processes to run the company's legal aspects as efficiently as possible.

Eaton's path took an expected twist thanks to an invite to a golf tournament. An attorney friend invited him to the event, which benefited Santa Clara University's Community Law Center. Law school Dean Donald Polden was in his golfing group and invited Eaton to check out the law school, where he could attend night classes while working.

For 3 1/2 years, Eaton attended law school after work, heading to class from 6 to 9 p.m. Afterward, he'd spend an hour with his family at home, then hit the books until 1 a.m. "I am so glad I went through that painful process," he said. "It's allowed me to do so much more than what I could do with just an engineering degree."

When he received his J.D. in June 2009, Zilog management immediately promoted him to general counsel. He reports to company President Uzi Sasson.

PERSONAL

Eaton is a "military brat" who was born in Germany and grew up all over the United States. He met his wife, Janet, in New Mexico. They have two sons, ages 14 and 16, and spend a lot of time at their football and basketball practices. They also have a boat and enjoy going out in the Delta, and vacationing in the American Southwest.

FAVORITE BOOK

This year, Eaton has been picking up the books his son brings home from his high school literature class. He's caught up on classics such as "East of Eden" and "The Catcher in the Rye."

"It's enjoyable reading and then I'm able to quiz my son and make sure he knows the material," he said, laughing. "He doesn't like it as much as me."

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New priests: 'The courage to say yes to God's invitation' | View Clip
05/25/2011
Tidings - Online

Written by Mike Nelson Tuesday, 24 May 2011 21:38

On June 4, six men will be ordained to the priesthood for the Archdiocese of Los Angeles --- ready to embark on this portion of their life's journey with great joy and enthusiasm

“Our Church is a great gift of God for all humanity,” says Father John Lee, a former high school and college teacher who is among the first to be ordained by Archbishop José Gomez as a priest for Los Angeles. “As a priest, I would like to help building the Church to come. And I would like to do that by working together here and now with that hope in our hearts. That particularly includes laity formation and communal discernment that would play key roles for our Church.”

In addition to Father Lee, Archbishop Gomez will ordain Fathers Augustine Chang, Ernesto Jaramillo, Francisco Jin, José Martinez and Michael Perucho in a morning Mass celebrated at the Cathedral of Our Lady of the Angels. All have completed their theological formation at St. John's Seminary in Camarillo, including year-long internships at parishes throughout the archdiocese, and the recent completion of service as transitional deacons.

During their ordination weekend, the new priests will celebrate their first Masses at their respective home parishes, before they begin their first assignments as associate pastors on July 1. Following are brief profiles of the new priests.

Augustine Chang

Born: March 2, 1975 in Daejon, South Korea.

Parents: Peter and Teresa Chang.

Education: Norwalk High School; University of California Irvine (B.S. in Computer Science).

Prior occupations: Software engineer.

Home parish: St. Raphael Korean Catholic Center, Norwalk.

Transitional Diaconate: Our Lady of the Holy Rosary, Sun Valley.

First Masses as priest: June 5, noon, St. Raphael.

First Assignment: Holy Trinity, San Pedro.

On becoming a priest: “I felt an initial calling in high school, and Father Mark Choi, my pastor, provided tremendous influence for my discernment to the priesthood through his inspiration, encouragement and support. My experiences during internship and diaconate strongly reinforced my calling. Although studies at the seminary were important, pretty much anything involving pastoral ministry helped me to remember why God called me in the first place. Such experiences made me feel the most ‘alive.'”

Ernesto Jaramillo Zamora

Born: Oct. 30, 1972 in Salvatierra, Guanajuato, Mexico.

Parents: José Jaramillo Hernández and Teresa Zamora Becerra.

Education: Colegio Centro Union, San Juan del Rio, Queretaro, Mexico; Instituto Libre de Filosofia, Guadalajara, Jalisco; Mary Hill School of Theology, Philippines.

Home parish: St. Thomas the Apostle, Los Angeles.

Transitional Diaconate: St. Mariana de Paredes, Pico Rivera; St. Monica, Santa Monica.

First Mass as priest: June 5, 1:45 p.m., St. Thomas the Apostle.

First Assignment: Our Lady of Grace, Encino.

On becoming a priest: “I have become a priest so that I may journey with people, share my faith with them and learn from their faith. My hope is to help build a loving, happy and faithful community.”

Francisco Ho Seok Jin

Born: Feb. 24, 1972 in Suwon, Korea.

Parents: Gregory and Elizabeth Jin.

Education: Jang Hoon High School and Chung Buk National University.

Prior occupations: Architect.

Home parish: St. Gregory Nazianzen, Los Angeles.

Transitional Diaconate: St. John Baptist de La Salle, Granada Hills.

First Masses as priest: June 5, 5 p.m. at St. Gregory Nazianzen; June 12, 10:15 a.m. at St. Lawrence Martyr, Redondo Beach.

First Assignment: St. Christopher, West Covina.

On becoming a priest: “After moving to the United States, my priestly vocation that had been in my heart since childhood was rekindled by the experience of active ministry at my home parish, and the prayers and support from the priests and parishioners.”

John Sang-hun Lee

Born: Nov. 27, 1965 in Pohang, Korea.

Parents: Kwiyon and Susan Lee.

Education: St. John's Seminary College (1988-92), LMU, Fordham University's Graduate School of Religion, Graduate Theological Union/Jesuit School of Theology, Berkeley.

Prior occupations: Faculty member (at Don Bosco Tech and Gonzaga University), campus minister (Seattle University), ecclesiastical assistant for the U.S. conference of the Christian Life Communities.

Home parish: St. Paul, Los Angeles.

Transitional Diaconate: Holy Cross, Moorpark.

First Mass as priest: June 5, a.m. St. Paul, Los Angeles.

First Assignment: St. James, Redondo Beach.

On becoming a priest: “I remember wanting at the beginning of this journey to serve God's people to make the world a better place for everybody. Over the years, I have only slowly realized how much we have been loved and cared for by God all this time. And, that identity of being loved and cared for has enabled me to love God and collaborate for the mission, namely for the Reign of God. I pray we collaborate so that our Church further grows and matures to become more and more a true expression of the loving and self-giving God. May God fulfill what God has begun.”

José Jesús Martinez

Born: Nov. 22, 1971 in Los Angeles.

Parents: Jesús & Maria Elena Martínez.

Education: San Antonio de Padua School, Los Angeles; Don Bosco Technical Institute, Rosemead; St. John's Seminary College, Camarillo.

Prior occupations: Insurance.

Home parish: San Antonio de Padua, Los Angeles; St. Joseph, Pomona.

Transitional Diaconate: Our Lady of Guadalupe, Santa Barbara (internship: St. Athanasius, Long Beach.

First Mass as priest: June 4, 11 a.m. at St. Joseph, Pomona.

First Assignment: Epiphany, South El Monte.

On becoming a priest: “I now realize that the romantic vision I had of priesthood at the tender age of six, the power of good homilies, the unsettling question of ‘what if,' and the frustration of seeing priests not doing enough for vocations were, in my opinion, God's way of calling me to the priesthood.” (To see José Martinez' full vocations story, please see page 12.)

Michael Alfred Yadao Perucho

Born: June 28, 1980 in Santa Clara, Calif.

Parents: Alfred G. and Aurora Y. Perucho.

Education: St. Leo the Great Elementary School and Bellarmine College Preparatory, San Jose; Loyola Marymount University (B.S. in Biochemistry, 2002; M.A. in Education, 2004).

Prior occupations: Chemistry and Physics high school teacher.

Home parish: St. Anthony of Padua, Gardena.

Transitional Diaconate: Our Lady of Peace, North Hills; St. Anthony of Padua.

First Masses as priest: June 5, 4 p.m., St. Anthony of Padua.

First Assignment: Holy Family, Glendale.

On becoming a priest: “The reason I have become a priest is because I finally had the courage to say ‘yes' to the invitation that God placed before me as I prayed before the Blessed Sacrament. I was able to ask God what He wanted me to do with my life and place that before my own desires. My inspiration comes from a desire to serve God by serving his people, from the great need that people have to find God in their lives, from the many priests whom I have known who have been models of faith and walk in the footsteps of Christ, from the love and support that my family and friends have given me over the years, and from the grace that I receive and will be responsible for in the celebration of Eucharist.”

PHOTOS BY JANIS NELSON

Photos in CNS/Tidings 05-27:

CAPTION FOR MAIN PHOTO (New Priests-1 and New Priests-2):

From left: Fathers Ernesto Jaramillo, Francisco Jin, John Lee, José Martinez Michael Perucho and Augustine Chang are pictured at St. John's Seminary, where they completed their theological formation.

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Artists have just three days to create masterpieces for Los Gatos Plein Air Art Show | View Clip
05/25/2011
San Jose Mercury News - Online

The winter rains are gone, the drought is over and our spotty spring will soon give way to summer, which means people will be trekking into downtown Los Gatos for music, festivals and general revelry. Locally, the Los Gatos Morning Rotary Club is giving residents a head start on a summer of fun with the 2011 Plein Air Art Show that brings 35 artists to town beginning June 1.

Although the artists can go as far away as 20 miles out of town to paint, artists such as Saratoga's Dan Tellep will stay close by and take advantage of the local color.

"I like scenes which have people and life in them, and that tends to put me downtown," Tellep said.

This is Tellep's third year painting in the art show, which he enjoys because he knows the community. He's been painting "en plein air," or "in the open air," since retiring from the aerospace industry 12 years ago. "I took it up with a passion after I retired," Tellep said.

Of the plein air style, he said, "You're more apt to get something that's spontaneous, and there's just the simple joy of being outside."

Tellep and the other artists will paint, on average, five or six canvases between June 1 and 3. At the end of the day on June 3 all the artists will descend on the California Cafe in Old Town for a VIP artists reception and silent auction. The artists will choose their favorite paintings to submit for auction.

Then, on June 4, the art show opens up to

the public, where the remaining paintings will be for sale at Town Plaza Park from 11 a.m. to 5 p.m.

"Saturday [June 4] is the big day," event co-chairwoman Carol Waitte said. "We'll have more than 100 paintings for sale by silent auction. It's going to be an incredible art show."

Co-chairwoman Pam Murphy added, "It's going to be a very exciting, fun event. We'll have wine tasting and music, and people will be able to meet the artists. Some of them will be painting at the Saturday show." The June 4 show is free to the public.

Tellep says he may be painting on June 4 at Plaza Park. "I enjoy talking to people when I'm painting," he said. "It doesn't bother me one bit. The most common comment I get from passersby is, 'My Aunt Martha paints.' "

While Tellep uses watercolors, other artists will be painting in oils, pastels or acrylics.

Artist Maralyn Miller, whose studio is in her home near Los Gatos High School, paints in both oils and pastels, but expects to paint in oils during Plein Air because they're easier to cart around. "It's easier to do pastels in the studio because they take up so much room," Miller said. "With pastels you have hundreds of pieces. With oils you mix the colors, so you don't need as many tubes; it's less to carry."

Since she's local, Miller has been out scouting locations for weeks "That's my biggest concern--finding the right spot with the right lighting," she said.

While remaining mum about specifics, Miller said she's zeroing in on locations on Black Road and in Saratoga and downtown Los Gatos. "I like the show because Los Gatos is a very good place to paint and the event is so well organized," Miller said.

Tellep agrees. "What impresses me is how hard Morning Rotary has worked on this. It's extremely well done," he said.

The compliments are music to the organizers' ears. "It's almost like having a full-time job," Murphy said. "It requires 30 hours a week. It started heating up in January, but it's really been nine months of concentrated effort."

Murphy and Waitte divided the show's responsibilities 50-50. For example, Murphy took care of sponsorships and event planning, while Waitte took on artist- and judge- related activities.

But as the event drew nearer, the women joked, "We've had a Vulcan mind meld," in reference to the teamwork and communication needed to put together a project of this magnitude.

"It's been an unbelievable amount of work, but it's a labor of love," Waitte said. "It's taken over my life, but when I look at the art I know it's worth it."

The show is a juried event, so to get in, artists submitted photos of their work online. George Rivera, executive director and senior curator of the Triton Museum, selected the 35 artists for the show based on the online submissions.

Rebecca Schapp, director of the de Saisset Museum at Santa Clara University, will judge the paintings that are completed during the three-day painting marathon.

"They can only paint on official, stamped canvases because we want to make sure their paintings are done on those three days," Waitte said. "The fact that they're painting in three days is incredible."

Murphy went on to say, "They're capturing on canvas what we take for granted everyday—the views and vistas—and putting their own twist on it. It's amazing."

Money raised through the art sales will go to the Montalvo Arts Education Program, the Los Gatos Morning Rotary Foundation, Los Gatos Music & Arts and the Art Docents of Los Gatos, so it will all go back into the local community. Los Gatos Music & Arts, for example, produces Jazz on the Plazz and Music in the Park and sponsors workshops for local students. The art docents work with the Los Gatos Art and History museums on a variety of programs, the Morning Rotary Foundation funds high school scholarships, among other things, and the Montalvo Arts Education Program buses in school children from all over Santa Clara County for educational activities.

"Every time I pick up the phone, I think about the children who will be able to attend art camp at Montalvo or be taught by an art docent in our schools or attend a Los Gatos Music & Arts workshop," Murphy said. "It makes it all worth it."

In addition to local artists Dan Tellep and Maralyn Miller, David Stonesifer and Ed Lucey of Los Gatos will be painting in the show. Other artists are coming from as far away as Hawaii, Chicago and the East Coast.

Tickets to the VIP artists reception and silent auction are $75 and can be purchased online at www.LGPleinAir.org or call 408.395.7775.

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First Wind Continues Growth of its Scholarship Program with Announcement of Fifteen Recipients for 2011 | View Clip
05/25/2011
Citybizlist Boston

In its second full year, top high school graduates from Hawaii, Maine, New York, Utah and Washington are selected from an expanded and talented applicant pool

Boston, MA -- First Wind, an independent U.S.-based wind energy company, today announced fifteen recipients of the company's scholarship program. In its second full year, applications to the 2011 First Wind Scholars program more than doubled, and the college-bound students selected to receive scholarships were from host communities in Hawaii, Maine, New York, Utah and Washington.

First Wind Scholars offers one-time, $3,000 scholarships to local high school seniors who display strong potential for a successful college experience, as well as interest in the environment, energy, or the sciences. Of the fifteen scholarships awarded, one exceptional student, Joshua Lake of Utah's Delta High School, has been awarded a renewable scholarship of $5,000 for up to four years.

"In its second full year, we were very pleased to see the significant increase in applications from so many talented and bright high school students in the communities where we develop and operate wind projects," said Carol Grant, Senior Vice President of External Affairs for First Wind. "As we grow our development of clean, renewable energy projects across the Northeast, the West and Hawaii, we will continue to expand our scholarship program with the hope that students within our host communities take full advantage it. For our 2011 recipients, we wish them all the best during their college careers and we are excited about their future contributions in the fields of environment, energy and the sciences."

Hawaii

First Wind owns and operates two projects in Hawaii including its 30 MW Kaheawa Wind project on Maui and its 30 MW Kahuku Wind project on Oahu. First Wind has a power purchase agreement with Maui Electric Company for an additional 21 MW expansion of its Kaheawa Wind Project. In addition, First Wind hopes to build a 70 MW project near the town of Haleiwa, called Kawailoa Wind. First Wind received more applications from students living in Hawaii host communities than from any other state, which resulted in six scholarships being awarded to students from the state. This year's recipients from Hawaii include the following:

· Dane Oshiro of Kula, a graduate of Maui High School, will attend Willamette University and will major in Environmental Science;

· Stephen Adolfson of Lahaina attended Lahainaluna High School and is enrolled in Colorado State University where he will pursue a degree in Engineering;

· Kamie-Lei Fujiwara of Wailuku, a graduate of Kamehameha Schools Maui, has been accepted to Dartmouth College and will major in Environmental Science;

· Kiana Wilson of Laie attended Kahuku High School and will be attending Brigham Young University-Hawaii with a major in Science/Journalism;

· Daniella Reyes of Mililani, a graduate of Leilehua High School, will be attending Santa Clara University in California and will major in Biology;

· Jeffrey Milhorn of Wahiawa, who also attended Leilehua High School, will attend University of Colorado at Boulder where he will pursue a degree in Mechanical Engineering.

Maine

First Wind owns and operates three projects in Maine: the 57 MW Stetson I and 26 MW Stetson II projects, both near Danforth, and the 42 MW Mars Hill Wind project in Mars Hill. The company is also currently building the 60 MW Rollins Wind project, which is situated in the towns of Lincoln, Burlington, Lee, Winn and Mattawamkeag. First Wind also has projects in development in Eastbrook and Oakfield, Maine. As part of the 2011 program, First Wind awarded scholarships to three high school students:

· Nicklaus Carter of Franklin, who is a graduate of Sumner Memorial High School, will attend the University of Maine where he will major in Chemical Engineering;

· Selden Porter of Lincoln, who attended Mattanawcook Academy, has enrolled into the Rochester Institute of Technology where he plans to study Mechanical Engineering;

· Dillan Hesseltine of Lincoln and also a graduate of Mattanawcook Academy will attend the Maine Maritime Academy as Marine Engineering Technology major.

New York

First Wind owns and operates the 125 MW Cohocton Wind project in Cohocton and the 20 MW Steel Winds project in Lackawanna. The three 2011 scholarship awardees from New York are all from Wayland-Cohocton High School:

· Hannah Kimmel of Wayland will attend State University of New York College of Environmental Science in the fall where she will study Renewable Energy;

· Alexander Decker of Cohocton has been accepted to University of Rochester and will major in Biology;

· Sarah Wolcott, also of Cohocton, will attend the Rochester Institute of Technology where she will pursue a degree in Engineering.

Utah

First Wind owns and operates the largest utility-scale operating wind farm in Utah. The Milford Wind project features an operating phase of 204 megawatts (MW) and a second 102 MW phase, which recently achieved commercial operations. The First Wind Scholars program, which awarded its inaugural scholarship to a Utah student, will provide scholarships to the following two recipients:

· Joshua Lake of Leamington, who attended Delta High School, is the recipient of the four-year scholarship, will enroll at Utah State University, where he plans to study Electrical Engineering;

· Kyle Goodwin of Beaver, a graduate of Beaver High School, will attend Southern Utah University where he will pursue a degree in Engineering.

Washington

As part of its 2011 scholarships, First Wind also announced its first recipient in Washington, which is where the company has proposed the Palouse Wind project in northern Whitman County. Devin Saywers, a graduate of Cheney Liberty High School, will attend the University of Washington where he will major in either Physics or Chemistry.

Launched in October 2009, the First Wind Scholars program is available to high school students residing in each community where First Wind currently has a project in operation or in an advanced stage of development. The scholarship supports standout local high school students with an interest in studying the environment, energy or the sciences. In its first two years, the First Wind Scholars program has awarded 27 scholarships to top high school graduates from Hawaii, Maine, Massachusetts, New York, Utah, Vermont and Washington.

About First Wind

First Wind is an independent wind energy company exclusively focused on the development, financing, construction, ownership and operation of utility-scale wind projects in the United States. Based in Boston, First Wind has wind projects in the Northeast, the West and in Hawaii, with the capacity to generate up to 635 megawatts of power and projects under construction with the capacity to generate up to an additional 121 megawatts. For more information on First Wind, please visit www.firstwind.com or follow us on Twitter @FirstWind.

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Failing Elegantly - How Fancy Losing is Killing Your Organization | View Clip
05/25/2011
Restaurant News Resource

No one wants to lose. That’s true whether you’re talking about the Super Bowl, a friendly basketball game with the neighbors, or a footrace between eight-year-olds. Yes, the desire to win is embedded in the human psyche. So why is it that in the business world the 'win or (almost) die trying' principle seems to falter?

No one wants to lose. That's true whether you're talking about the Super Bowl, a friendly basketball game with the neighbors, or a footrace between eight-year-olds. Yes, the desire to win is embedded in the human psyche. So why is it that in the business world the “win or (almost) die trying” principle seems to falter? Why do so many talented, well-led teams, enterprises, and organizations—many of them with clear, reasonable goals—fail to win victories that should have been easily within their grasps?

Leadership expert John Hamm says it's because they've been infected with a disease he calls “failing elegantly.”

“Failing elegantly is a very sophisticated and veiled set of coping behaviors by individuals, the purpose of which is to avoid the oncoming train of embarrassment when the cover comes off the lousy results that we'd prefer no one ever see,” explains Hamm, author of Unusually Excellent: The Necessary Nine Skills Required for the Practice of Great Leadership (Jossey-Bass/A Wiley Imprint, February 2011, ISBN: 978-0-47092843-1, $24.95, www.unusuallyexcellent.com). “In other words, it's a fancy way to lose.”

Essentially, says Hamm, this debilitating syndrome sets in when people stop believing they can be successful and start devoting their energy to how best to lose.

“There is no obvious moment when the danger of failure comes riding in on a pale horse,” he notes. “But there is that moment, and everyone can feel it, when a project or the commitment to the promised results enters the risk zone—when challenges arise and there are no clear answers or remedies. It is precisely at this fork in the road—when egos and reputations get shaky—that leaders must recognize the signs of an impending crisis of confidence and intervene with specific messages and actions aimed at getting everyone back into the winner's mindset.”

According to Hamm, the driving elements of failing elegantly are 1) having a sophisticated explanation for the loss, and 2) making sure we appear to have tried everything in our power to avoid this unwanted outcome. But, he notes, what this mentality forgets is the following harsh reality: There are no style points for second place.

Hamm has spent his career studying the practitioners of unusually excellent leadership via his work as a CEO, venture capitalist, board member, high-level consultant, and professor of leadership at the Leavey School of Business at Santa Clara University. In his powerful back-to-basics reference book, he offers both seasoned and aspiring leaders a framework for understanding and a guide for applying the battle-tested fundamentals of leadership at every stage of their careers.

Read on for a few leadership mistakes that put your team in danger of failing elegantly—along with some remedies to get them back into the winner's mindset.

Setting impossible goals. Leading the goal-setting process to arrive at objectives that are perfectly sized is very tricky work, but this effort has never been more important to success than it is in today's geographically dispersed, virtual organizations. Taskmasters and pacesetting leaders need to learn the fine line between an invigorating challenge and a wholly deflating expectation. They also need to realize that everyone on the team may not share their level of maniacal commitment.

“While top performers are inspired by ‘stretch' goals that seem slightly out of their reach, smart team members will not waste their time training for a ‘three-minute mile,'” says Hamm. “Goals that are clearly beyond any reasonable confidence of achievement are worse than easy goals—they actually disengage your team's energy. The predictable and natural response is ‘Why bother?'”

Letting people get pseudo-wins by “majoring in the minors.” Very talented people can and do lose focus on the critical path problems that must be solved to transform an idea into reality. Those are often the knottiest problems, and sometimes we resist them for a period of time, preferring to create some satisfying momentum on simpler tasks, or ones that are simply more fun.

“Leaders must develop an eye and ear for this weakness—and must try to listen for it in every conversation and look for it in every ops review,” notes Hamm. “They must relentlessly redirect energy to the hard problems, realizing that it is human nature to drift from the tough stuff in favor of more emotionally fulfilling and easier project modules.”

Tolerating “The dog ate my homework” and other common excuses. In an organization, too much tolerance can be a dangerous notion, mainly because without a clear line in the sand defining acceptable and unacceptable, a blurred line between success and failure follows. When you're failing elegantly, for example, you tolerate “The dog ate my homework” and other classic excuses. No results plus a good excuse is presented in lieu of results—and tolerated. Massive amounts of energy are poured into sophisticated justifications and rationalizations for certain courses of action, and there is veiled blame for everything outside the team's control.

“What you want, and what the winner's mindset demands, are insightful explanations for the gap between expected and actual performance,” says Hamm. “These are informed guesses—as informed and objective as they can be, untainted by the effort expended in dodging responsibility. There is tolerance of the simple fact that we don't have control over every variable in the game, so at times—through either forces outside our influence or simply not having run our best play—the results are not as we wish.”

Allowing sloppiness and imprecision. The nice guy in you wants to avoid the perception of being a hardcore hard-ass and will politely look the other way, or catalog it away with some good-natured humor, allowing a corner to be cut, a report to be incomplete, or some shoddy work to pass as acceptable. Shoddy work and sloppiness almost always stem from being lazy or uncommitted or not having enough pride in the finished work.

“Leaders want to be good people, and they want to show others that they have the wisdom to accept human frailty,” notes Hamm. “So they allow themselves to tolerate a little sloppiness here and a little imprecision there in their subordinates' work. But high reliability organizations never allow sloppiness, because they know it equals death. Unusually excellent leaders have a zero tolerance policy for sloppiness.”

Encouraging “editorialized” data. One of the most pernicious points where failure can take hold is in the feedback process. Leaders, being eternal optimists and enthusiasts, also have a dangerous tendency to signal, often unconsciously, their dislike of bad news, their inner revulsion toward failure. When that happens—especially when that leader hasn't regularly established an absolute demand for accurate, objective data—subordinates will begin to shape and color the data to meet the leader's hopeful expectations and emotional needs, rather than the leader's intellectual needs. The feedback data starts becoming corrupted, and that in turn begins to undermine the overall strategy—until the likelihood of success itself begins to plummet.

“Unusually excellent leaders demand that performance feedback data be delivered promptly and be uncolored, objective, plentiful, and robust,” says Hamm. “This data is used to figure out what is working and what isn't, so that corrections to course and speed can be made.”

Failing to measure what matters. The right metrics will serve you in enormously useful ways. As the Crosby Quality Institute reminds us: You will get what you inspect, not what you expect.

Hamm writes about one CEO who was constantly entertaining requests from his sales force for changes to the company's product line—change orders—in response to “customer requests.” In this case very few of these requested changes, which came at great expense in engineering time and cost, resulted in orders from the people who had passionately argued the case. Instead of getting upset about it, the CEO simply asked that the team begin to track the percentage of change orders resulting in sales orders, and—what do you know?—this costly practice came to a screeching halt as soon as the sales force knew their bosses were looking at this data, by salesperson, every month.

“Measuring what matters is perhaps the very highest use of leadership authority in leading the domain of execution,” explains Hamm. “Once the plan is set, the resources and funding are committed, and the action starts, there is mostly just feedback and response to the unknowns of the battle to be managed. The one thing you must have, to make the real-time course corrections that will inevitably be required, is good data. Invest in the design and the machinery required to gather, analyze, and present the data you need—quickly, accurately, and easily. This, more than anything else, will serve your leadership needs in the arena of live ammo—where the score is kept, the winners get to keep playing, and the losers go home.”

Allowing an absolute commitment to winning to slip. A tolerance for excuses, corrupt data that compromises strategy, and a distorted view of what is really happening “out there” is akin to boiling a frog one degree at a time. The frog can't tell how hot the water has gotten until it is dead. But if you put all these factors together and add the heightened sense of urgency that always characterizes the execution phase, you'll have plenty of the necessary ingredients in place for systematic failure. The key factor is the resignation and rationalization that occurs when we conclude that winning seems out of reach.

“These are dark moments for any team,” says Hamm. “And yet, we all know that we should leave it all on the field and, as the saying goes, ‘win or die trying.' But when you've already begun to distance yourself from your absolute commitment to winning, you start blaming everything and everyone—your teammates, the strategy, bad luck, crooked competitors, insufficient support, and, most of all, the man or woman in charge. The fact that many people—the honest and secure ones first—see what's happening and hold the behavior in contempt often proves to be an effective vaccine against the contagion spreading.”

“Passive acceptance of failure, and the rationalization that always goes with it, is a cancer that can begin anywhere in the organization, then metastasize to every office, including your own,” says Hamm. “You can prevent it by setting clear and precise standards of behavior for everyone on the team, as well as clear consequences for the violation of those standards. And you can control it through continuous and open communication with every member of your team.”

About the Author:

John Hamm is one of the top leadership experts in Silicon Valley. He was named one of the country's Top 100 venture capitalists in 2009 by AlwaysOn and has led investments in many successful high-growth companies as a partner at several Bay Area VC firms. Hamm has also been a CEO, a board member at over thirty companies, and a CEO adviser and executive coach to senior leaders at companies such as Documentum, Cisco, Hewlett-Packard, TaylorMade-adidas Golf and McAfee. John teaches leadership at the Leavey School of Business at Santa Clara University.

About the Book:

Unusually Excellent: The Necessary Nine Skills Required for the Practice of Great Leadership (Jossey-Bass/A Wiley Imprint, February 2011, ISBN: 978-0-47092843-1, $24.95, www.unusuallyexcellent.com) is available at bookstores nationwide and from major online booksellers

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Is Your Team Failing Elegantly? Seven Leadership Mistakes That Wear Away at Your Company’s Will to Win | View Clip
05/25/2011
Hotel News Resource

For any team, the only acceptable result should be winning. But all too often, things don’t go as planned - and when first this project and then that project veer off course, teams start showing signs of a disease that can kill execution. John Hamm describes how the disease of 'failing elegantly' can infect your organization and how to cure it.

No one wants to lose. That's true whether you're talking about the Super Bowl, a friendly basketball game with the neighbors, or a footrace between eight-year-olds. Yes, the desire to win is embedded in the human psyche. So why is it that in the business world the “win or (almost) die trying” principle seems to falter? Why do so many talented, well-led teams, enterprises, and organizations—many of them with clear, reasonable goals—fail to win victories that should have been easily within their grasps?

Leadership expert John Hamm says it's because they've been infected with a disease he calls “failing elegantly.”

“Failing elegantly is a very sophisticated and veiled set of coping behaviors by individuals, the purpose of which is to avoid the oncoming train of embarrassment when the cover comes off the lousy results that we'd prefer no one ever see,” explains Hamm, author of Unusually Excellent: The Necessary Nine Skills Required for the Practice of Great Leadership (Jossey-Bass/A Wiley Imprint, February 2011, ISBN: 978-0-47092843-1, $24.95, www.unusuallyexcellent.com). “In other words, it's a fancy way to lose.”

Essentially, says Hamm, this debilitating syndrome sets in when people stop believing they can be successful and start devoting their energy to how best to lose.

“There is no obvious moment when the danger of failure comes riding in on a pale horse,” he notes. “But there is that moment, and everyone can feel it, when a project or the commitment to the promised results enters the risk zone—when challenges arise and there are no clear answers or remedies. It is precisely at this fork in the road—when egos and reputations get shaky—that leaders must recognize the signs of an impending crisis of confidence and intervene with specific messages and actions aimed at getting everyone back into the winner's mindset.”

According to Hamm, the driving elements of failing elegantly are 1) having a sophisticated explanation for the loss, and 2) making sure we appear to have tried everything in our power to avoid this unwanted outcome. But, he notes, what this mentality forgets is the following harsh reality: There are no style points for second place.

Hamm has spent his career studying the practitioners of unusually excellent leadership via his work as a CEO, venture capitalist, board member, high-level consultant, and professor of leadership at the Leavey School of Business at Santa Clara University. In his powerful back-to-basics reference book, he offers both seasoned and aspiring leaders a framework for understanding and a guide for applying the battle-tested fundamentals of leadership at every stage of their careers.

Read on for a few leadership mistakes that put your team in danger of failing elegantly—along with some remedies to get them back into the winner's mindset.

Setting impossible goals. Leading the goal-setting process to arrive at objectives that are perfectly sized is very tricky work, but this effort has never been more important to success than it is in today's geographically dispersed, virtual organizations. Taskmasters and pacesetting leaders need to learn the fine line between an invigorating challenge and a wholly deflating expectation. They also need to realize that everyone on the team may not share their level of maniacal commitment.

“While top performers are inspired by ‘stretch' goals that seem slightly out of their reach, smart team members will not waste their time training for a ‘three-minute mile,'” says Hamm. “Goals that are clearly beyond any reasonable confidence of achievement are worse than easy goals—they actually disengage your team's energy. The predictable and natural response is ‘Why bother?'”

Letting people get pseudo-wins by “majoring in the minors.” Very talented people can and do lose focus on the critical path problems that must be solved to transform an idea into reality. Those are often the knottiest problems, and sometimes we resist them for a period of time, preferring to create some satisfying momentum on simpler tasks, or ones that are simply more fun.

“Leaders must develop an eye and ear for this weakness—and must try to listen for it in every conversation and look for it in every ops review,” notes Hamm. “They must relentlessly redirect energy to the hard problems, realizing that it is human nature to drift from the tough stuff in favor of more emotionally fulfilling and easier project modules.”

Tolerating “The dog ate my homework” and other common excuses. In an organization, too much tolerance can be a dangerous notion, mainly because without a clear line in the sand defining acceptable and unacceptable, a blurred line between success and failure follows. When you're failing elegantly, for example, you tolerate “The dog ate my homework” and other classic excuses. No results plus a good excuse is presented in lieu of results—and tolerated. Massive amounts of energy are poured into sophisticated justifications and rationalizations for certain courses of action, and there is veiled blame for everything outside the team's control.

“What you want, and what the winner's mindset demands, are insightful explanations for the gap between expected and actual performance,” says Hamm. “These are informed guesses—as informed and objective as they can be, untainted by the effort expended in dodging responsibility. There is tolerance of the simple fact that we don't have control over every variable in the game, so at times—through either forces outside our influence or simply not having run our best play—the results are not as we wish.”

Allowing sloppiness and imprecision. The nice guy in you wants to avoid the perception of being a hardcore hard-ass and will politely look the other way, or catalog it away with some good-natured humor, allowing a corner to be cut, a report to be incomplete, or some shoddy work to pass as acceptable. Shoddy work and sloppiness almost always stem from being lazy or uncommitted or not having enough pride in the finished work.

“Leaders want to be good people, and they want to show others that they have the wisdom to accept human frailty,” notes Hamm. “So they allow themselves to tolerate a little sloppiness here and a little imprecision there in their subordinates' work. But high reliability organizations never allow sloppiness, because they know it equals death. Unusually excellent leaders have a zero tolerance policy for sloppiness.”

Encouraging “editorialized” data. One of the most pernicious points where failure can take hold is in the feedback process. Leaders, being eternal optimists and enthusiasts, also have a dangerous tendency to signal, often unconsciously, their dislike of bad news, their inner revulsion toward failure. When that happens—especially when that leader hasn't regularly established an absolute demand for accurate, objective data—subordinates will begin to shape and color the data to meet the leader's hopeful expectations and emotional needs, rather than the leader's intellectual needs. The feedback data starts becoming corrupted, and that in turn begins to undermine the overall strategy—until the likelihood of success itself begins to plummet.

“Unusually excellent leaders demand that performance feedback data be delivered promptly and be uncolored, objective, plentiful, and robust,” says Hamm. “This data is used to figure out what is working and what isn't, so that corrections to course and speed can be made.”

Failing to measure what matters. The right metrics will serve you in enormously useful ways. As the Crosby Quality Institute reminds us: You will get what you inspect, not what you expect.

Hamm writes about one CEO who was constantly entertaining requests from his sales force for changes to the company's product line—change orders—in response to “customer requests.” In this case very few of these requested changes, which came at great expense in engineering time and cost, resulted in orders from the people who had passionately argued the case. Instead of getting upset about it, the CEO simply asked that the team begin to track the percentage of change orders resulting in sales orders, and—what do you know?—this costly practice came to a screeching halt as soon as the sales force knew their bosses were looking at this data, by salesperson, every month.

“Measuring what matters is perhaps the very highest use of leadership authority in leading the domain of execution,” explains Hamm. “Once the plan is set, the resources and funding are committed, and the action starts, there is mostly just feedback and response to the unknowns of the battle to be managed. The one thing you must have, to make the real-time course corrections that will inevitably be required, is good data. Invest in the design and the machinery required to gather, analyze, and present the data you need—quickly, accurately, and easily. This, more than anything else, will serve your leadership needs in the arena of live ammo—where the score is kept, the winners get to keep playing, and the losers go home.”

Allowing an absolute commitment to winning to slip. A tolerance for excuses, corrupt data that compromises strategy, and a distorted view of what is really happening “out there” is akin to boiling a frog one degree at a time. The frog can't tell how hot the water has gotten until it is dead. But if you put all these factors together and add the heightened sense of urgency that always characterizes the execution phase, you'll have plenty of the necessary ingredients in place for systematic failure. The key factor is the resignation and rationalization that occurs when we conclude that winning seems out of reach.

“These are dark moments for any team,” says Hamm. “And yet, we all know that we should leave it all on the field and, as the saying goes, ‘win or die trying.' But when you've already begun to distance yourself from your absolute commitment to winning, you start blaming everything and everyone—your teammates, the strategy, bad luck, crooked competitors, insufficient support, and, most of all, the man or woman in charge. The fact that many people—the honest and secure ones first—see what's happening and hold the behavior in contempt often proves to be an effective vaccine against the contagion spreading.”

“Passive acceptance of failure, and the rationalization that always goes with it, is a cancer that can begin anywhere in the organization, then metastasize to every office, including your own,” says Hamm. “You can prevent it by setting clear and precise standards of behavior for everyone on the team, as well as clear consequences for the violation of those standards. And you can control it through continuous and open communication with every member of your team.”

About the Author:

John Hamm is one of the top leadership experts in Silicon Valley. He was named one of the country's Top 100 venture capitalists in 2009 by AlwaysOn and has led investments in many successful high-growth companies as a partner at several Bay Area VC firms. Hamm has also been a CEO, a board member at over thirty companies, and a CEO adviser and executive coach to senior leaders at companies such as Documentum, Cisco, Hewlett-Packard, TaylorMade-adidas Golf and McAfee. John teaches leadership at the Leavey School of Business at Santa Clara University.

About the Book:

Unusually Excellent: The Necessary Nine Skills Required for the Practice of Great Leadership (Jossey-Bass/A Wiley Imprint, February 2011, ISBN: 978-0-47092843-1, $24.95, www.unusuallyexcellent.com) is available at bookstores nationwide and from major online booksellers

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5 Reasons We Spend Money when We Shouldn't | View Clip
05/25/2011
Associated Content

We've all experienced it: We go to the supermarket hungry and our stomach starts shopping for us. Or we go to the mall to buy a T-shirt and leave with matching pants and shoes we don't really need. So why is it

that sometimes our best intentions to be fiscally responsible go up in smoke? Scientists who look at why we spend money have this to say.

Jekyll and Hyde

Behavioral economists, Professor Dan Ariely, of Duke University and MIT, calls human nature "predictably irrational". Identifying a constant struggle between our emotional self and our rational self, Professor Ariely, identifies a simple reason for why our emotional side so often convinces us to spend money when we shouldn't. "There is one way to be rational," he says, "[but] many ways to be irrational." This gives our emotions the unfair advantages of leading us astray.

The Plastic Magic Wand

In his paper, The Realities of Spending, Greg Davies of the Financial Services Forum identifies credit cards as the culprits behind our bad spending habits. We no longer have to count bills out of our wallets; instead, we swipe a card and we're done. The psychological pain we would normally feel at losing a chunk of our cash is replaced with the immediate gratification of owning something we want but can't afford.

Killer Deals

Behavioral economists, Meir Statman, of Santa Clara University observes that saving money can often be the culprit causing us to actually spend money when we shouldn't. Each time we see an irresistible discount in a store, restaurant or travel agency, we experience two emotions. On the one hand there's the painful realization that we could miss out on a great deal. On the other, lies the bliss of cashing in on something we couldn't otherwise afford. And so we no longer make our purchasing decision based on cost but on apparent saving.

Brain Chemistry

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Drug Marketing Often Targets Med Students: Analysis | View Clip
05/25/2011
iVillage

Schools urged to do more to prevent drug company influence on prescribing practices

TUESDAY, May 24 (HealthDay News) -- Drug company marketing to those attending medical school is common and can cloud students' ethical judgment, researchers warn.

A team led by Kirsten Austad and Aaron S. Kesselheim at Harvard Medical School in Boston analyzed published studies that included a total of 9,850 students at 76 medical schools in the United States. The investigators found that most of the students had some type of interaction with drug companies and that this contact increased during the clinical years, with up to 90 percent of clinical students receiving some form of marketing materials from drug makers.

Among the students queried, most believed there was no ethical problem in accepting gifts from drug companies. Their justifications included financial hardship or pointing out that most other medical students accepted such gifts.

Nearly two-thirds of the medical students claimed that drug company promotions, gifts or interactions with sales representatives did not affect their impartiality regarding drug makers and their products.

The study is published in the May 24 online edition of the journal PLoS Medicine.

The study authors said their findings suggest that strategies to educate medical students about interactions with drug makers should directly address widely held misconceptions about the effects of marketing.

In addition, medical schools need to introduce reforms, such as rules limiting contact between students and drug company representatives.

"These changes can help move medical education a step closer to two important goals: the cultivation of strong professional values, as well as the promotion of a respect for scientific principles and critical review of evidence that will later inform clinical decision-making and prescribing practices," the researchers concluded.

Santa Clara University has more about drug company gifts to doctors.

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Drug Marketing Often Targets Med Students: Analysis | View Clip
05/25/2011
National Women's Health Information Center

TUESDAY, May 24 (HealthDay News) -- Drug company marketing to those attending medical school is common and can cloud students' ethical judgment, researchers warn.

A team led by Kirsten Austad and Aaron S. Kesselheim at Harvard Medical School in Boston analyzed published studies that included a total of 9,850 students at 76 medical schools in the United States. The investigators found that most of the students had some type of interaction with drug companies and that this contact increased during the clinical years, with up to 90 percent of clinical students receiving some form of marketing materials from drug makers.

Among the students queried, most believed there was no ethical problem in accepting gifts from drug companies. Their justifications included financial hardship or pointing out that most other medical students accepted such gifts.

Nearly two-thirds of the medical students claimed that drug company promotions, gifts or interactions with sales representatives did not affect their impartiality regarding drug makers and their products.

The study is published in the May 24 online edition of the journal PLoS Medicine.

The study authors said their findings suggest that strategies to educate medical students about interactions with drug makers should directly address widely held misconceptions about the effects of marketing.

In addition, medical schools need to introduce reforms, such as rules limiting contact between students and drug company representatives.

"These changes can help move medical education a step closer to two important goals: the cultivation of strong professional values, as well as the promotion of a respect for scientific principles and critical review of evidence that will later inform clinical decision-making and prescribing practices," the researchers concluded.

Santa Clara University has more about drug company gifts to doctors.

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Drug Marketing Often Targets Med Students: Analysis | View Clip
05/25/2011
U.S. News & World Report

TUESDAY, May 24 (HealthDay News) -- Drug company marketing to those attending medical school is common and can cloud students' ethical judgment, researchers warn.

A team led by Kirsten Austad and Aaron S. Kesselheim at Harvard Medical School in Boston analyzed published studies that included a total of 9,850 students at 76 medical schools in the United States. The investigators found that most of the students had some type of interaction with drug companies and that this contact increased during the clinical years, with up to 90 percent of clinical students receiving some form of marketing materials from drug makers.

Among the students queried, most believed there was no ethical problem in accepting gifts from drug companies. Their justifications included financial hardship or pointing out that most other medical students accepted such gifts.

Nearly two-thirds of the medical students claimed that drug company promotions, gifts or interactions with sales representatives did not affect their impartiality regarding drug makers and their products.

The study is published in the May 24 online edition of the journal PLoS Medicine.

The study authors said their findings suggest that strategies to educate medical students about interactions with drug makers should directly address widely held misconceptions about the effects of marketing.

In addition, medical schools need to introduce reforms, such as rules limiting contact between students and drug company representatives.

"These changes can help move medical education a step closer to two important goals: the cultivation of strong professional values, as well as the promotion of a respect for scientific principles and critical review of evidence that will later inform clinical decision-making and prescribing practices," the researchers concluded.

Santa Clara University has more about drug company gifts to doctors.

Copyright © 2011 HealthDay. All rights reserved.

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Drug Marketing Often Targets Med Students: Analysis | View Clip
05/25/2011
US News

Schools urged to do more to prevent drug company influence on prescribing practices

TUESDAY, May 24 (HealthDay News) -- Drug company marketing to those attending medical school is common and can cloud students' ethical judgment, researchers warn.

A team led by Kirsten Austad and Aaron S. Kesselheim at Harvard Medical School in Boston analyzed published studies that included a total of 9,850 students at 76 medical schools in the United States. The investigators found that most of the students had some type of interaction with drug companies and that this contact increased during the clinical years, with up to 90 percent of clinical students receiving some form of marketing materials from drug makers.

Among the students queried, most believed there was no ethical problem in accepting gifts from drug companies. Their justifications included financial hardship or pointing out that most other medical students accepted such gifts.

Nearly two-thirds of the medical students claimed that drug company promotions, gifts or interactions with sales representatives did not affect their impartiality regarding drug makers and their products.

The study is published in the May 24 online edition of the journal PLoS Medicine.

The study authors said their findings suggest that strategies to educate medical students about interactions with drug makers should directly address widely held misconceptions about the effects of marketing.

In addition, medical schools need to introduce reforms, such as rules limiting contact between students and drug company representatives.

"These changes can help move medical education a step closer to two important goals: the cultivation of strong professional values, as well as the promotion of a respect for scientific principles and critical review of evidence that will later inform clinical decision-making and prescribing practices," the researchers concluded.

More information

Santa Clara University has more about drug company gifts to doctors.

Copyright © 2011 HealthDay. All rights reserved.

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Drug Marketing Often Targets Med Students: Analysis | View Clip
05/25/2011
HealthDay

Schools urged to do more to prevent drug company influence on prescribing practices

TUESDAY, May 24 (HealthDay News) -- Drug company marketing to those attending medical school is common and can cloud students' ethical judgment, researchers warn.

A team led by Kirsten Austad and Aaron S. Kesselheim at Harvard Medical School in Boston analyzed published studies that included a total of 9,850 students at 76 medical schools in the United States. The investigators found that most of the students had some type of interaction with drug companies and that this contact increased during the clinical years, with up to 90 percent of clinical students receiving some form of marketing materials from drug makers.

Among the students queried, most believed there was no ethical problem in accepting gifts from drug companies. Their justifications included financial hardship or pointing out that most other medical students accepted such gifts.

Nearly two-thirds of the medical students claimed that drug company promotions, gifts or interactions with sales representatives did not affect their impartiality regarding drug makers and their products.

The study is published in the May 24 online edition of the journal PLoS Medicine.

The study authors said their findings suggest that strategies to educate medical students about interactions with drug makers should directly address widely held misconceptions about the effects of marketing.

In addition, medical schools need to introduce reforms, such as rules limiting contact between students and drug company representatives.

"These changes can help move medical education a step closer to two important goals: the cultivation of strong professional values, as well as the promotion of a respect for scientific principles and critical review of evidence that will later inform clinical decision-making and prescribing practices," the researchers concluded.

Santa Clara University has more about drug company gifts to doctors.

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Drug Marketing Often Targets Med Students: Analysis | View Clip
05/25/2011
Bio-Medicine

TUESDAY, May 24 (HealthDay News) -- Drug company marketing to those attending medical school is common and can cloud students' ethical judgment, researchers warn.

A team led by Kirsten Austad and Aaron S. Kesselheim at Harvard Medical School in Boston analyzed published studies that included a total of 9,850 students at 76 medical schools in the United States. The investigators found that most of the students had some type of interaction with drug companies and that this contact increased during the clinical years, with up to 90 percent of clinical students receiving some form of marketing materials from drug makers.

Among the students queried, most believed there was no ethical problem in accepting gifts from drug companies. Their justifications included financial hardship or pointing out that most other medical students accepted such gifts.

Nearly two-thirds of the medical students claimed that drug company promotions, gifts or interactions with sales representatives did not affect their impartiality regarding drug makers and their products.

The study is published in the May 24 online edition of the journal .

The study authors said their findings suggest that strategies to educate medical students about interactions with drug makers should directly address widely held misconceptions about the effects of marketing.

In addition, medical schools need to introduce reforms, such as rules limiting contact between students and drug company representatives.

"These changes can help move medical education a step closer to two important goals: the cultivation of strong professional values, as well as the promotion of a respect for scientific principles and critical review of evidence that will later inform clinical decision-making and prescribing practices," the researchers concluded.

More information

Santa Clara University has more about

All rights reserved

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Drug Marketing Often Targets Med Students: Analysis | View Clip
05/25/2011
Health.com

TUESDAY, May 24 (HealthDay News) — Drug company marketing to those attending medical school is common and can cloud students' ethical judgment, researchers warn.

A team led by Kirsten Austad and Aaron S. Kesselheim at Harvard Medical School in Boston analyzed published studies that included a total of 9,850 students at 76 medical schools in the United States. The investigators found that most of the students had some type of interaction with drug companies and that this contact increased during the clinical years, with up to 90 percent of clinical students receiving some form of marketing materials from drug makers.

Among the students queried, most believed there was no ethical problem in accepting gifts from drug companies. Their justifications included financial hardship or pointing out that most other medical students accepted such gifts.

Nearly two-thirds of the medical students claimed that drug company promotions, gifts or interactions with sales representatives did not affect their impartiality regarding drug makers and their products.

The study is published in the May 24 online edition of the journal PLoS Medicine.

The study authors said their findings suggest that strategies to educate medical students about interactions with drug makers should directly address widely held misconceptions about the effects of marketing.

In addition, medical schools need to introduce reforms, such as rules limiting contact between students and drug company representatives.

“These changes can help move medical education a step closer to two important goals: the cultivation of strong professional values, as well as the promotion of a respect for scientific principles and critical review of evidence that will later inform clinical decision-making and prescribing practices,” the researchers concluded.

Santa Clara University has more about drug company gifts to doctors.

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Drug Marketing Often Targets Med Students: Analysis | View Clip
05/25/2011
Hi-Wire

Schools urged to do more to prevent drug company influence on prescribing practices

Drug company marketing to those attending medical school is common and can cloud students' ethical judgment, researchers warn.

A team led by Kirsten Austad and Aaron S. Kesselheim at Harvard Medical School in Boston analyzed published studies that included a total of 9,850 students at 76 medical schools in the United States. The investigators found that most of the students had some type of interaction with drug companies and that this contact increased during the clinical years, with up to 90 percent of clinical students receiving some form of marketing materials from drug makers.

Among the students queried, most believed there was no ethical problem in accepting gifts from drug companies. Their justifications included financial hardship or pointing out that most other medical students accepted such gifts.

Nearly two-thirds of the medical students claimed that drug company promotions, gifts or interactions with sales representatives did not affect their impartiality regarding drug makers and their products.

The study is published in the May 24 online edition of the journal PLoS Medicine.

The study authors said their findings suggest that strategies to educate medical students about interactions with drug makers should directly address widely held misconceptions about the effects of marketing.

In addition, medical schools need to introduce reforms, such as rules limiting contact between students and drug company representatives.

"These changes can help move medical education a step closer to two important goals: the cultivation of strong professional values, as well as the promotion of a respect for scientific principles and critical review of evidence that will later inform clinical decision-making and prescribing practices," the researchers concluded.

More information

Santa Clara University has more about drug company gifts to doctors.

SOURCE: PLoS Medicine, news release, May 24, 2011

Copyright © 2011 HealthDay. All rights reserved.

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Redistricting inspires surprising passion in San Jose | View Clip
05/25/2011
San Jose Mercury News - Online

California's landmark attempt to change the way the state draws its political boundaries took center stage Monday in Silicon Valley, as one activist after another spoke up at a public hearing for their turf.

From ethnic groups to neighborhood associations, about 150 people crammed into San Jose's Mayfair Community Center, eager to help shape a statewide redistricting plan a new citizens commission is drafting.

"They're not just jiggling the lines,'' said Allan Hoffenblum, publisher of the California Target Book. "There's going to be a lot of change.''

The hearing was one of dozens the Citizens Redistricting Commission has held around the state. The 14-member panel has until June 10 to complete the first draft of a statewide map, which could significantly change the ethnic and geographic makeup of districts for Congress and the state Senate, Assembly and Board of Equalization.

Speakers from San Jose's Evergreen neighborhood to Atherton to the Tri-Valley region beseeched the commission to redraw the state's political lines, either to consolidate fractured communities or maintain the status quo.

Patricia Martinez-Roach, an East Side Union High School District trustee, spoke up for keeping her mostly Latino, lower-income neighborhood within the largely Asian-American, affluent congressional District 8.

"They're taking a poor neighborhood out of a wealthy district, I don't like that,'' she said. "Property values would go down

if we were put in a different district.''

For some, it was all about political sway, from the East San Jose residents who want to ensure that Latinos have a unified voice in Sacramento and Washington, D.C., to Berryessa activists who want to be represented by one assembly member, not four.

Berryessa was split up into four state Assembly districts in 2001, diluting the political power of voters in the heavily Asian-American San Jose neighborhood.

"That process totally disenfranchised our community,'' said Rudy Nasol, vice president of the Berryessa Citizens Advisory Council. "We cannot and should not allow such a thing to happen again.''

Every 10 years, after the Census comes out, the political maps are redrawn. Each district must have the same number of people, include "communities of interest,'' and abide by the Voting Rights Act, which outlaws discriminatory voting practices that disenfranchise minorities.

The citizens commission was formed in 2008, when voters approved a ballot measure that transfers authority for drawing state political boundaries from the Legislature to the new panel. In November, voters passed a measure to include Congressional districts. The commission is composed of five Democrats, five Republicans and four independents.

The redistricting shakeup came after state lawmakers on both sides of the aisle in 2001 crafted a map that critics regarded as a cynical attempt to create political districts designed to protect incumbents. State Sen. Sam Blakeslee's current district, for instance, stretches from San Jose to San Luis Obispo, two cities that have little in common. Since the map was drawn, in California's 53 Congressional districts alone, only one incumbent of either party has lost a seat to the other party -- Republican Rep. Richard Pombo in the 11th Congressional District, which runs from the East Bay to the San Joaquin Valley.

The question of where to draw the political lines generates controversy and debate all over the state, but for different reasons. In some areas, it's about ensuring the elected representative is the same race or ethnicity of the most of the voters. In others, it's about guaranteeing a region won't be ignored.

The controversy is particularly fierce in Southern California, including the Inland Empire and San Fernando Valley, where there's been more population growth, especially of Latinos.

But there was plenty of passion at Monday's meeting.

Halfway through the hearing, tempers flared after a commissioner chided the group for applauding. At the start of the meeting, he had instructed them not to applaud or jeer any other speaker. But the mostly white crowd applauded after a speaker -- who was born in Ghana to East Indian parents -- said, "We're all Americans'' and districts should not be divided along racial lines.

When Commissioner Angelo N. Ancheta tried to quiet the crowd, some people in the crowd yelled, "We have a right to speak,'' and "Shame on you.'' Ancheta, a Santa Clara University law school professor, then recessed the meeting for a five-minute cooling-off period, the first time he's had to do so in some 20 similar public hearings around the state.

In a calmer moment, Mountain View resident Judy Faucet implored the panel to refrain from political considerations.

"The politicians -- how they got away with setting their own districts, I don't know,'' she said, referring to the 2001 map. "But if you could set them straight, we'd all grateful.''

The new plan will be an improvement, but not everyone will be satisfied, said Larry Gerston, a political science professor at San Jose State University. "The districts will be compact and make more geographical sense,'' he said. "But there will still be communities of like-minded people who will be split up.''

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Alaskan takes on the world in taekwondo
05/25/2011
Anchorage Daily News

Anchorage's Tyler Sawyer dabbles in several forms of artistic expression. The sophomore at Santa Clara University dances on the school hip-hop team, plays the ukulele and writes poetry.

Sawyer also considers taekwondo an art form, and it's one he mastered on a highly competitive level. He's preparing for a trip to Shenzhen, China in August, where he will represent the U.S. team in the Summer World University Games.

The event includes competition in a wide range of sports, like track and field, basketball, soccer, fencing and gymnastics, and it can draw a crowd. The 2009 games in Belgrade, Serbia attracted 80,000 spectators, Sawyer said.

"It's as close to the Olympics as you can get as a college athlete," he said.

Sawyer, 20, is a full-time student, majoring in electrical engineering. He has studied taekwondo since he was 3. Most of what he knows he learned from his father, Tom Sawyer , an instructor at the J. Park Tae Kwon Do School in Anchorage.

Sawyer competed in his first of two junior world championships in 2006, in Saigon, Vietnam, and has been named to four national teams, but his father said Tyler didn't always show a strong competitive fire when he was a young boy.

"He's like happy-go-lucky," Tom Sawyer said. "If he wins he wins, if he doesn't, he goes back and gives his mom a hug and say , 'OK I'll go play Nintendo now.' "

Somewhere around the age of 12, shortly after Tyler and his older brother Justin took a trip to California and watched some championship taekwondo, Tyler began setting competitive goals.

"After that week, it's like they turned over a new leaf," his dad said.

Still, it took a few more years for Tyler to fully grasp what was needed to be competitive on a national level.

"He started to understand the concept of fighting at the age of 17," said Tom Sawyer . "That's when he took off."

Tyler's competitive career has been soaring lately. In March, the 5-foot-7, 132-pound Sawyer went to San Diego and won the fly-weight division in the taekwondo qualifier for the U.S. national championships. Then the National Collegiate Tae Kwon Do Association named Sawyer the male athlete of the year after he won the NCTA championships at UC Davis in April.

The combination of recent success and years of practice has Sawyer feeling good about taking his skills to an international stage.

"I feel pretty confident, because I've been fighting for a long time," he said. "It's what I love to do."

Sawyer trains at Stanford University , where his brother Justin graduated in 2010. Santa Clara doesn't have a tae kwon do team. The Stanford club organizes trips, like a recent one to a week-long training camp in Mexico, where Sawyer fought against some top tae kwon do competitors from several countries.

"I look forward to being in the ring with someone better," said Sawyer. "Nobody's a pushover when it comes to international fights."

Someday Sawyer hopes to compete in the Olympics, but he won't attempt to qualify for the 2012 games in London because the qualifying process doesn't fit into his college schedule. He expects to graduate in time to make a run at qualifying for the 2016 Olympics in Rio De Janeiro.

In June the national team will come together for its first training camp before the World University Games, and Sawyer said that's when his focus will turn heavily toward representing the U.S. in China.

He's also getting ready for July's USA Tae Kwon Do national championships in San Jose, where he has a chance of being the top seed in his division.

"People are gunning for him," his dad said. "Everybody will be out to get him, I'm sure."

Reach Jeremy Peters at or 257-4335.

Copyright © 2011 McClatchy-Tribune Information Services

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Santa Clara University Partners with Ayllu to Create Map of Off-Grid Energy Solutions | View Clip
05/25/2011
Environmental Protection - Online

The Center for Science, Technology, and Society (CSTS) at Santa Clara University has partnered with social-enterprise information company Ayllu to create an energy map website. The site provides detailed graphs and analyses of 40 social enterprises in 16 countries that are overcoming vast hurdles in their respective markets to bring electricity or alternative fuel to 500 to 500,000 people apiece.

Visitors to the energy map can get an overview of the types of distribution systems, business models, technologies and product designs being employed, as well as detailed financial and business model profiles of the companies currently succeeding in bringing electricity and clean fuel to these communities around the world.

An estimated 1.4 billion people live in areas of the world so remote that no major electricity grid projects are expected to come their way for years. Three billion must cook with polluting, unhealthy stoves, or over open fires.

The 40 enterprises included in the map serve several million customers and are a strong representative sample of what's working in the world today: a company in India that's turning discarded rice husks into affordable electricity for villagers; a Nicaraguan company that trains workers to build and maintain hybrid energy plants; a Nigerian company that turns cow slaughterhouse waste into electricity.

Each of the energy companies on the map has a proven solution, and has either won a Tech Award from the Silicon Valley-based Tech Museum or has gone through SCU's competitive eight-month-long Global Social Benefit Incubator, a capacity- and skill-building program offered by CSTS for the past nine years.

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*Clergy Sex Abuse Report: Let's Rely on Science, Not Hysteria | View Clip
05/25/2011
Huffington Post, The

The loudest voices were poised last week when researchers from the John Jay College of Criminal Justice finally released their much anticipated investigation examining the causes and context of clergy sexual abuse in the Roman Catholic Church.

Despite the fact -- and I stress the word fact -- that the study was independent, conducted by non-Catholic experts in criminal justice and behavior, many of those interviewed claimed that Catholic bishops rigged the findings.

As someone who consulted on the study, it is my professional opinion that it offers a comprehensive analysis of the problem, and it is a must read for anyone interested in learning more about clergy sexual abuse.

The report examines the Catholic Church's organizational responses to abuse claims over the past half century. It concludes that U.S. Bishops were generally well-informed about the problem of clergy abuse by the mid-1980s. It also clearly states that while some bishops implemented effective policies and procedures, others clearly were focused on the concerns of the priest offender rather than those of the victim.

The study also shows that the vast majority of abuse cases occurred between the mid 1960s to the mid 1980s. Ninety-four percent of all cases happened before 1990 and 70 percent of offenders were ordained before 1970. Claims being made that more cases will come out from the more recent past once victims reach the age when they feel compelled to talk are simply not true. There have been plenty of incentives for coming out in recent years and the data from other sources confirms that we have most of the reports now.

Another false claim being made is that other organizations -- the Boy Scouts, public schools, Protestant and other faith congregations -- don't have this problem because they deal with it when it happens. Again, data shows that the level and type of abuse in the Catholic Church is consistent with other large organizations with men who had unlimited access to children during this time frame.

Let's also be very clear that the report found that the vast majority of clergy sex offenders are not pedophiles, but rather situational generalists violating whomever they had access to and not seeking out young pre-pubescent children of either gender. They violated whoever was available to them at the time.

No causative relationship between celibacy or homosexuality and clergy sex offenders can be made. Being celibate or being gay didn't increase the risk of violating children. Continuing to blame homosexual men or celibacy is clearly misguided based on these findings.

The Catholic Church has done much to prevent child abuse from happening today. There are policies and procedures such as safe environment training for all employees and volunteers, yearly Church audits from independent auditing firms to ensure that child safety policies and procedures are followed, and zero tolerance for any offending behavior among clergy or other church employees.

But more certainly needs to be done in terms of organizational oversight, accountability, responsibility, and transparency. And without accountability at the Bishop level and above, problems can certainly emerge, as we have seen recently in Philadelphia. Policies and procedures must be airtight, and leaders must ensure that they are followed by everyone. We do not, as some suggest, need an overhaul of the Church leadership.

I implore the media and public to read this report thoroughly, as it contains the very best available research data and best practices in clinical treatment, evaluation, prevention, and science to guide our thoughts and actions. Responsible use of quality research science, education, and best practices will keep children safe, not opinion and emotional hysteria.

Thomas G. Plante, PhD, ABPP is professor of psychology and director of the spirituality and health institute at Santa Clara University and author of several books and many articles on clergy sexual abuse.

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In Praise of Sorkin's Praise of Lowenstein's Praise of Financial CEOs | The Big Picture | View Clip
05/24/2011
BIG PICTURE, The

Bill Black is an Associate Professor of Economics and Law at the University of Missouri - Kansas City (UMKC). He was the Executive Director of the Institute for Fraud Prevention from 2005-2007. He has taught previously at the LBJ School of Public Affairs at the University of Texas at Austin and at Santa Clara University, where he was also the distinguished scholar in residence for insurance law and a visiting scholar at the Markkula Center for Applied Ethics.

~~~

Roger Lowenstein has just taken the brave step of praising the failure to prosecute elite financial managers for fraud as a demonstration of the greatness of America. Lowenstein declares (1) that Blankfein was right - Goldman really was doing "God's work," (2) virtually no financial elites committed crimes, (3) any crimes they may have committed were trivial and played no material role in causing the crisis, (4) those that wish to hold fraudulent elites accountable for their crimes are (a) financially illiterate, (b) paranoid conspiracy theorists equivalent to those claiming the U.S. attacked the twin towers on 9/11, (c) a threat to our democracy and constitutional rights, and (d) engaged in "punishing profit," (5) the prosecutors who refuse to bring criminal charges where they find elite frauds are the heroes safeguarding our democracy and constitutional rights, (6) the FBI is conducting a "serious" investigation of the elite financial frauds (despite points one through four above), and (7) the crisis was caused by "society" - because we're all guilty no one should be held accountable - except those paranoids who want to destroy America's greatness by prosecuting financial CEOs on fraud charges.

New York Times, Andrew Ross Sorkin, twittered that Lowenstein was "courageous" and "probably right."

I join Lowenstein and Sorkin in denouncing the demagogues that denounce America's financial CEOs for fraud and corruption and those that denounce our economic system for cronyism. My research has detected the ravings of two of the worst examples of this form of parasite. Two of the nation's leading financial commentators have filled their books and columns with demagogic attacks on the productive class. Here are some of one's vicious assaults on America's CEOs and capitalist system.

"[Vast] pay-offs for failed executives exposed [American capitalism] as a fraud at its uppermost reaches."

The author goes on to describe how senior corporate officials routinely engage in accounting fraud to make "the number" and maximize their bonuses. He stresses the complicity of the outside auditors and banks in aiding accounting control fraud. He claims that at investment banks: "the system was

designed for cronyism" (emphasis in original). Indeed, he offers a comprehensive account of the criminogenic environment that creates the incentive and ability to engage in fraud with impunity. The author claims that the officers that control accounting frauds like Adelphia successfully manipulate banks by creating conflicts of interest because they believe that doing so will make it more likely that banks will fund their frauds - and he charges that our most elite banks are eager to be suborned and to turn a blind eye to the underlying fraud.

"The repeal of the Glass-Steagall Act, a Depression-era banking law, had paved the way for commercial banks like Citibank and Bank of America to get into the more lucrative business of underwriting. Adelphia's Brown shrewdly exploited the banks' greed. In a memo to bankers early in 2000, which cordially began, "I hope your New Year is off to a great start," Brown pitched the co-borrowing idea and pointedly observed, "All of the lead managers and co-managers of each of these credit facilities are expected to have an opportunity to play a meaningful role in . . . public security offerings."

In others words, if the banks lent the Rigases/Adelphia money, then Adelphia would spill some gravy onto their investment-banking divisions. When the bankers saw that, their mouths watered. This was exactly the sort of conflict that Glass-Steagall had been intended to prevent. The banks went for it. From 1999 to 2001, three banking syndicates, led by Bank of America, Bank of Montreal and Wachovia Bank, allowed the Rigases/Adelphia to borrow a total of $5.6 billion, a staggering sum. Citigroup, J.P. Morgan, Deutsche Bank and scores of other banks participated.

Anyone looking for mere gaps in the Chinese wall is missing the larger point: banks weren't trying to separate departments but to integrate them. That was the whole reason they had lobbied for Glass-Steagall's repeal. Thus, the banks would send teams of 8 or 10 investment bankers and commercial bankers - no distinction was evident, according to Tim Rigas - to Adelphia pitching every financial service under the sun.

Bank of America's securities unit was so proud of the way it combined its services, which it referred to as "delivering the one-stop shop," that it produced a case study for interns in 2001 on how the technique had worked with a particular client. The client was Adelphia. Page after page describes how Bank of America had devised "an integrated financing solution" for Adelphia, including underwritings, strategic advice, supportive (i.e., positive) research from its analyst and co-borrowing debt. Apparently, the only time Bank of America did not have an integrated approach to Adelphia was when it added up the debt that was disclosed in Adelphia prospectuses."

The author stresses the negative effects of changes in the law that made it harder to bring civil suits against accounting fraud and the anti-regulatory agenda of industry. In the 1990s:

"Fueling the permissive climate, the Justice Department showed little interest in prosecuting cases of accounting fraud, which was not considered a major problem. These developments gave executives, accountants, and corporate lawyers a general sense that the risk to themselves had diminished. Veteran investors detected a new swagger in the executive suite."

This is precisely the kind of attack on the Justice Department that Lowenstein decries. It is, of course, inconceivable that the Bush administration would have proven even more opposed to regulating and prosecuting elite white-collar criminals than the Clinton administration.

The author also attacks the private sector. Neoclassical economists have long assured us that fraud is impossible in the securities markets because creditors and investors exercise effective "private market discipline." Private market discipline is the core function essential to efficient markets and capitalism, but the author claims that private market discipline has become so perverse that the supposed sources of discipline actually aid what criminologists call "accounting control frauds."

"However badly the Rigases behaved, they were helped along the way by lenders and investment bankers, auditors, lawyers, analysts - just about anyone whose job it should have been to protect the public. And this is what truly distinguishes the latter stages of the last bull market: not that a handful of executives got greedy but that the safeguards supposedly built into our financial culture stopped functioning."

The author writes that the Rigases involved facts so egregious that any honest lender should have refused to lend to them.

"Even to people familiar with Wall Street scandal, the central detail of this one remains astonishing. Somehow, the Rigases persuaded a network of commercial banks to lend to them more than $3 billion that not only the family, but also Adelphia, a public company with public shareholders, would be liable for repaying. The money was used, in large part, to buy Adelphia securities, which subsequently lost most of their value, as well as to make payments on stock the family had bought on margin. It was also used as a sort of A.T.M. to finance extravagances of the Rigases both small and not so small."

"[I]nvestment banks floated billions of dollars of securities to the public with detailed descriptions of Adelphia's finances that somehow neglected to mention the extra $3 billion of indebtedness. Even the S.E.C. was aware that Adelphia and the Rigas family each let the other borrow on its own credit, an unusual arrangement that, by its very nature, was vulnerable to abuse. But the S.E.C. apparently never investigated it."

"And now that the stock market is back in the pink, a collective amnesia has settled over Wall Street, which takes comfort from the notion that the system essentially worked. The only problem is, it didn't."

The author claims that capitalism has become corrupt because of our elites' power and class advantages.

["T]he larger truth is that plenty of people were in a position to have blown a whistle and didn't, for the simple reason that Wall Street during the 90′s operated like a grander version of Coudersport, a place where big fish had license to do as they pleased. "The failed gatekeeper is a lesson you take away from all of these cases," says Steve Thel, a Fordham University law professor who specializes in security fraud. "Auditors who didn't want to lose a client, bankers who were doing a ton of deals - there was a sense in our society that people who have a lot of money are supposed to have it.""

The same author has written about the major role that fraud played in the current crisis.

[World Savings'] "loan applications [were] so rife with fraud, that the quality of their book was as suspect as WaMu's.

The author went on to complain about lenders

"Peddl[ing] these mortgages with a willful disregard, bordering on fraud, for whether their customers could repay them."

Indeed, the author's logic compels the view that the loans were on the wrong side of the fraud "border." As the author describes the lenders, loans, and rating agencies that drove the crisis, the lenders knew that the borrowers could not repay the loans and the credit rating agencies willfully failed to determine whether the loans could be repaid because they would not have liked the answer had they inquired. The author doesn't conclude that the loans are fraudulent because his analytics are so weak, but the facts he provides are damning. The context is that a rating agency, Moody's, permitted him to examine an exemplar of a mortgage-backed security (MBS) (whose identity was disguised from the author and referred to as "XYZ") collateralized by nonprime loans that it rated in 2006. The author notes that all of the loans backing the MBS were subprime - the lenders knew they were loaning money to borrowers with serious credit deficiencies. The author reports that this was only one aspect of why the loans' were exceptionally likely to default.

Moody's learned that almost half of these borrowers - 43 percent - did not provide written verification of their incomes.

By 2006, Credit Suisse estimated that half of all loans called "subprime" were also "liar's loans." The author does not note that the mortgage banking industry's own anti-fraud experts reported that the incidence of fraud in liar's loans is roughly 90 percent. The author also fails to note that investigators found that it was overwhelmingly the lenders and their agents, i.e., the loan brokers, who put the lies in liar's loans. Instead, he reported that Moody's: "reject[ed] the notion that they should have been more vigilant. Instead, they lay the blame on the mortgage holders who turned out to be deadbeats, many of whom lied to obtain their loans." The author is also naïve in accepting Moody's explanation that:

"Nearly half of the borrowers, however, took out a simultaneous second loan. Most often, their two loans added up to all of their property's presumed resale value, which meant the borrowers had not a cent of equity."

This is naïve because the author has, elsewhere, noted that Washington Mutual's loans were "rife with fraud." Andre Cuomo, when he was New York's Attorney General, found that WaMu kept a blacklist of appraisers - and that one got on the list by

refusing to inflate appraisals. No honest lender would ever inflate appraisals, but doing so optimizes accounting control fraud. Only the lenders and their agents, not the borrowers, can cause widespread inflation of appraisals. This means that the borrowers on liar's loans commonly had negative equity in their homes from the day they purchased the house - they overpaid for the homes. The lenders and their agents, by inflating the appraisals, deceived less sophisticated borrowers about the value of their homes and placed them in a position where they were highly likely to lose the home and their very limited savings. The lenders and their agents' primary reason for inflating the appraisal was to lower the reported loan-to-value (LTV) ratio. By falsely reporting a lower LTV ratio the lenders increased the ease of securing "AAA" ratings from a rating agency and the premium they could receive by selling the loan.

The author's naïve acceptance of Moody's claims continues in his explanation of why the rating agencies gave ludicrously inflated ratings to MBS "backed" largely by fraudulent loans structured to have exceptionally high default rates.

"Moody's did not have access to the individual loan files, much less did it communicate with the borrowers or try to verify the information they provided in their loan applications. "We aren't loan officers," Claire Robinson, a 20-year veteran who is in charge of asset-backed finance for Moody's, told me."

In the frenetic, deal-happy climate of 2006, the Moody's analyst had only a single day to process the credit data from the bank. The analyst wasn't evaluating the mortgages but, rather, the bonds issued by the investment vehicle created to house them.

The first clause is absurd. Moody's did have "access to the individual loan files." The claim that Moody's was rating the bonds, not the underlying assets, is absurd. The bond derives its value (and risks) from the underlying mortgages. The only way to reliably evaluate the credit risk of a nonprime MBS was to review a sample of the loans. The author concedes that all Moody's had to do to get access to the underlying mortgages was to say it would not rate securities unless it could sample loan quality.

"The agencies have blamed the large incidence of fraud, but then they could have demanded verification of the mortgage data or refused to rate securities where the data were not provided. That was, after all, their mandate. This is what they pledge for the future. Moody's, S.&P. and Fitch say that they are tightening procedures - they will demand more data and more verification and will subject their analysts to more outside checks. None of this, however, will remove the conflict of interest in the issuer-pays model."

The only reliable way to determine the credit risk of mortgage loans is to review a sample of the loans. Fitch finally did so, in November 2007 (a non-random date - the secondary market in nonprime loans had collapsed and there were no more fees to be received by inflating credit ratings). Fitch reported:

"Fitch's analysts conducted an independent analysis of these files with the benefit of the full origination and servicing files. The result of the analysis was disconcerting at best, as there was the appearance of fraud or misrepresentation in almost every file.

[F]raud was not only present, but, in most cases, could have been identified with adequate underwriting, quality control and fraud prevention tools prior to the loan funding. Fitch believes that this targeted sampling of files was sufficient to determine that inadequate underwriting controls and, therefore, fraud is a factor in the defaults and losses on recent vintage pools."

Fitch also explained why these forms of mortgage fraud combine with "layered risk" to cause severe losses.

"For example, for an origination program that relies on owner occupancy to offset other risk factors, a borrower fraudulently stating its intent to occupy will dramatically alter the probability of the loan defaulting. When this scenario happens with a borrower who purchased the property as a short-term investment, based on the anticipation that the value would increase, the layering of risk is greatly multiplied. If the same borrower also misrepresented his income, and cannot afford to pay the loan unless he successfully sells the property, the loan will almost certainly default and result in a loss, as there is no type of loss mitigation, including modification, which can rectify these issues."

Note that Fitch, like Moody's, places the onus for fraud solely on the borrowers rather than the rating agencies' customers. This is understandable, but false. Because the author naively assumes that Moody's could not review a sample of loans so that they could determine their credit risk the author does not ask the central analytical question - why did the rating agencies consistently refuse to sample the asset quality of nonprime loans that were known to be pervasively fraudulent. If the rating agencies had reviewed a sample of the loans we know what they would have found - exactly what Fitch found. That would have made it impossible to rate the securities above a "C" rating - virtually certain to default. The author explains the rating agencies' perverse incentives to give the desired "AAA" rating.

"A deal the size of XYZ can bring Moody's $200,000 and more for complicated deals. And the banks pay only if Moody's delivers the desired rating."

The author does not understand the logic of facts he reports, but those facts explain why the rating agencies adopted the financial version of "don't ask; don't tell." The one thing they could never do was actually review the credit risk of the securities they were rating. If they looked, they would document the endemic fraud and never get paid. If even a few rating agencies reported that fraud was endemic among liar's loans the entire secondary market in nonprime loans would have collapsed and the rating agencies' most lucrative source of fees would have disappeared.

Their profits surged, Moody's in particular: it went public, saw its stock increase sixfold and its earnings grow by 900 percent.

The author disagrees sharply with Lowenstein. He believes that the lenders and rating agencies saw the "classic signs" of a bubble before the bubble collapsed. The author, however, again displays naiveté about ARMs.

"Three-quarters of the borrowers had adjustable-rate mortgages, or ARMs - "teaser" loans on which the interest rate could be raised in short order. Since subprime borrowers cannot afford higher rates, they would need to refinance soon. This is a classic sign of a bubble - lending on the belief, or the hope, that new money will bail out the old."

The author neglects two critical aspects of "teaser" ARMs. First, the lenders "qualified" borrowers on the basis of their purported ability to repay the initial - far lower - "teaser" interest rate. An honest lender would not do so because it would ensure extreme default rates. Second, the very low rates delayed the defaults, optimizing and extending accounting fraud. The facts that the author report are not "classic signs of a bubble" but rather classic signs of accounting control fraud.

While the author does not use the phrase, the facts he report demonstrate that the investment and commercial banks that created the nonprime securities deliberately and successfully generated a Gresham's dynamic (bad ethics drives good ethics out of the marketplace) among the rating agencies by "shopping" their business to the least ethical rating agency.

"But in structured finance, a handful of banks return again and again, paying much bigger fees. Tom McGuire, the Jesuit theologian who ran Moody's through the mid-'90s, says this arrangement is unhealthy. If Moody's and a client bank don't see eye to eye, the bank can either tweak the numbers or try its luck with a competitor like S.&P., a process known as "ratings shopping."

And it seems to have helped the banks get better ratings. Mason, of Drexel University, compared default rates for corporate bonds rated Baa with those of similarly rated collateralized debt obligations until 2005 (before the bubble burst). Mason found that the C.D.O.'s defaulted eight times as often. One interpretation of the data is that Moody's was far less discerning when the client was a Wall Street securitizer."

The author reports that Moody's created an absurd empirical methodology to justify claiming that pervasively fraudulent loans would have only minimal defaults. "Nonetheless, its credit-rating model continued to envision rising home values." As long as home loans increased forever the borrowers could simply refinance their loans. The industry saying is: "a rolling loan gathers no loss."

Sorkin, who so courageously championed Lowenstein's column denying the existence of fraudulent lending and sales on nonprime securities and praising the "serious" prosecutions of fraudulent lenders, should turn his wrath to another author who has taken the opposite position. This author has been very harsh in his critique of the Department of Justice, complaining:

"If the government spent half the time trying to ferret out fraud at major companies that it does tracking pump-and-dump schemes, we might have been able to stop the financial crisis, or at least we'd have a fighting chance at stopping the next one."

The same author has disparaged Attorney General Holder's announcement that the Department of Justice has made such investigations a top priority, as evidenced by "Operation Broken Trust."

[A]fter you get past the pandering sound bites, a question comes to mind: is anyone in the corner offices of Wall Street's biggest firms or corporate America's biggest companies paying any attention to Mr. Holder's "strong message"?

Of course not. (I actually called some chief executives after Mr. Holder's news conference, and not one had heard of Operation Broken Trust.)

That's because in the two years since the peak of the financial crisis, the government has not brought one criminal case against a big-time corporate official of any sort.

Instead, inexplicably, prosecutors are busy chasing small-timers: penny-stock frauds, a husband-and-wife team charged in an insider trading case and mini-Ponzi schemes.

This is the first of a multi-part response to Lowenstein's column. The remaining columns will address why control fraud drove the current crisis and respond to Lowenstein's strawman arguments. The sources of the quotations used in this column, from Messrs. Lowenstein and Sorkin, are provided below.

The End of Wall Street (2010); Origins of the Crash: the Great Bubble and its Undoing (2004); Origins of the Crash: the Great Bubble and its Undoing http://www.nytimes.com/2004/02/01/magazine/the-company-they-kept.html?src=pm

The Company They Kept
By Roger Lowenstein

April 27, 2008

Triple-A Failure
By ROGER LOWENSTEIN

http://dealbook.nytimes.com/2010/12/06/pulling-back-the-curtain-on-fraud-inquiries/
DECEMBER 6, 2010, 8:59 PM
Pulling Back the Curtain on Fraud Inquiries
By ANDREW ROSS SORKIN

Bill Black is an associate professor of economics and law at the University of Missouri-Kansas City. He is a white-collar criminologist, a former senior financial regulator, a serial whistle blower, and the author of

The Best Way to Rob a Bank is to Own One. He blogs primarily on the UMKC's economics department's blog: NewEconomicPerspectives. Bloomberg recently solicited a column from him on the role of fraud in the crisis.

He also

"Women prefer men who have something tender about them - especially the legal kind." -Kay Ingram

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In Praise of Sorkin's Praise of Lowenstein's Praise of Financial CEOs | View Clip
05/24/2011
Houston Chronicle - Online

Bill Black is an Associate Professor of Economics and Law at the University of Missouri – Kansas City (UMKC). He was the Executive Director of the Institute for Fraud Prevention from 2005-2007. He has taught previously at the LBJ School of Public Affairs at the University of Texas at Austin and at Santa Clara University, [...]

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College Bound Latino Students Recognized | View Clip
05/24/2011
Milpitas Patch

Among this year's graduating class at Milpitas High, about a quarter of the Latino students have been accepted to four-year universities.


"Our goal each year is to have a higher percentage," said Dena Chavez, a teacher who volunteers for Horizontes , a teacher-led group dedicated to mentoring Latino students and closing the achievement gap.


Chavez said during all four years in high school, Latino students on campus are open to participate through Horizontes in field trips to UC Berkeley and other colleges, attend assemblies and see guest speakers. 


The teachers in Horizontes coordinate the activities, as well as assist the students, particularly with 3.5 GPAs or above, with college and scholarship applications.


The awards night on May 18 in the MHS Theatre recognized the following students who were accepted into four-year universities (some chose to attend community college):

Jordan Ramirez

Santa Clara University, Full Ride Academic Scholarship, gold honor cord
Arturo Aguilar
Santa Clara University, President's Award, gold honor cord
Raul Jeovahny Medina
CSU Long Beach, $10,000 Minnis Scholarship, Commonwealth Central Credit Union Scholarship, Schuyler C. Joyner Scholarship, gold honor cord
Alexa Silva
Washington State University, $36,000 Cougar Academic Scholarship, gold honor cord
Alexander Herrera
UC Irvine, Commonwealth Central Credit Union Scholarship
Brandon Bonilla
UC Santa Cruz  (completed high school in 3 years)
Leslie Eliza Singh
San Francisco State University, Terry and Gail Queenan Future Teacher Scholarship
Victor Hernandez
San Jose State University, gold honor cord
Michael Garcia
San Francisco State University, gold honor cord
Luisa Reynaga
San Jose State University, gold honor cord
Jose "Eddie" Carrillo
Pacific University (Oregon), football recruit
Salomon Ordonez
San Jose State University
Roberto Gil 
San Jose State University
Brenda Sulette Pantoja
CSU Monterey Bay
Jessica Jimenez
CSU Monterey Bay
Anthony Esequiel Paz
CSU Sacramento
Brissa Celeste Dominguez
San Jose State University
Veronica Flores
CSU Sacramento
Janelle Lanakila Hough
San Jose State University
Jairo Francisco Hernandez
Ohlone College
Maria Del Camen Zarate
Mission College
Veronica Guitron
Ohlone College
Zulema Ruby Sanchez
De Anza College

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Gag on the press, loosened online
05/24/2011
International Herald Tribune

What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test of how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted an injunction, a legal measure that prevents news media outlets from identifying him.

But tens of thousands of Internet users have flouted the injunction by disclosing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of injunctions, the athlete obtained a court order in British High Court demanding that Twitter disclose the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University in California, said, "It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech."

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

"If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring," said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, "Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed."

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions.

It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said.

But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over such information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, "We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here," referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, experts on Internet law said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent such information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

"You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear," Mr. Burke said.

Other U.S. Internet companies have run up against conflicting international laws. When Google opened its search engine in mainland China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. "We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet," he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, the most senior judge in Britain, said in a report issued Friday that people who flouted injunctions online could be held liable.

"Are we really going to say," he asked, "that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?"

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

"When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law," she said. "The problem is that it's all so difficult to enforce. Where would you begin?"

Copyright © 2011 The New York Times

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Fix your money mistakes: Market timing | View Clip
05/24/2011
Fortune - Online

(Money Magazine) -- During the stock market's wild ride, mutual fund investors went off the rails.

From mid-2008 through March 2009, when the S&P 500 fell 36%, they pulled $250 billion out of equity funds.

Then, as stocks churned out a 63% gain through the end of 2010, investors stayed shy.

It wasn't until early this year, with the S&P 500 up nearly 100% from its 2009 low, that savers regained an appetite for stocks.

"Bailing in 2008 was the first mistake, but now many are compounding it by coming back in when the market is much higher," says financial adviser Frank Armstrong of Investor Solutions in Coconut Grove, Fla.

If you too ran at the sight of failing stock prices, you're not alone. In MONEY's survey of advisers, 44% pointed to "fleeing stocks when the market craters" as a top mistake.

Right behind it was "flocking to the latest top-performing investments," which helps to explain why bonds got all the love after trouncing stocks in 2008 and tech stocks were wildly popular in 1999, the year they rose 86%. 'My biggest money mistake'

Buying and selling at the wrong time is sure to erode your earnings over time. As stock funds eked out an annualized 1.6% return for the 10 years through 2009, the typical fund investor managed just a 0.22% gain, according to Morningstar.

On a $100,000 investment, that's $15,000 less in your pocket. Indeed, as the graphic above shows, holding your ground during the financial crisis paid off. By continuing to invest every month, you would have done far better than if you'd bailed out of stocks after prices started to fall.

Among retirees, a loss has 10 times the impact of a profit. One look at your brutal 2008 year-end brokerage account statement made staying the course excruciatingly hard.

"We are always extrapolating that recent past events are what will happen in the future," says Meir Statman, a finance professor at Santa Clara University and author of "What Investors Really Want."

The more intense the experience, the longer its impact lingers. Sure enough, the fear you felt a few years ago is hard to shake. "When we're afraid," says Minneapolis financial planner Ross Levin, president of Accredited Investors, "we are more prone to behave in ways that aren't in our self-interest."

"The biggest mistake I see right now is people treating all their money as short term," he says. "There's no way you reach your long-term goals with everything invested for the short term."

Map out an emotion-free comeback. If you retreated during the bear market, don't compound the problem by reinvesting all your cash just as stocks are looking pricey again.

Levin recommends this two-pronged system: Space out monthly investments over the next 12 to 18 months. Plus, anytime stock prices fall more than 3% to 5%, commit to putting more money to work. At today's prices, that's roughly a 400- to 600-point drop in the Dow.

Ban yourself from your portfolio. If you can't overcome your tendency to overreact, automate. By signing up for your 401(k) or 403(b), you're already doing that. Set up the same system to transfer money automatically from checking to your brokerage and fund accounts.

Hire a designated driver. If you still can't ban emotions, rely on a financial pro who can. "Paying someone 1% a year to keep you from making 1.5% worth of mistakes can make a lot of sense," says Statman. Have a money question? Ask The Help Desk

Today's featured rates:

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Girls just want to have funds | View Clip
05/24/2011
Chicago Tribune - Online

Women are confident in college, confident at work – but studies show they're not so confident about investing.

A Bank of America customer uses an ATM at a branch in Hollywood on October 19, 2010. A host of recent studies have shown that women, while gaining on campus and in the workplace, still have relatively low confidence when it comes to finances and investing.

Women are a majority on college campuses and a growing force in the American workplace. But in survey after survey, they rate themselves as less confident -- and less knowledgeable -- about money and investing than men do.

This disconnect can carry a steep potential price. Since they are likely to earn less than men and live longer, women may have a greater need for their savings in their later years -- but they would benefit from the kind of confidence that men have in their own investing prowess to get there.

One thing is in their favor: When they do invest, their humility and caution make them far less likely than men to trade excessively or to take outsize risks, which can benefit them in the long run.

Only 26 percent of women were confident making their own investment decisions, compared with 44 percent of men, according to a survey by MassMutual Financial Group of 1,500 participants in its retirement plans published in March. Both were less confident than a year ago.

Women also expressed much less investing confidence than men in recent surveys conducted by market-research firm Mintel Group and Brinker Capital, an investment-management firm that questioned more than 300 clients of 78 financial institutions.

Tellingly, the surveys find that neither men nor women feel overwhelmingly confident or knowledgeable about the broader investing process. "Both genders are in horrific need of basic help," says Manisha Thakor, founder of the Women's Financial Literacy Initiative.

In surveying 2,000 adults about investment accounts that they direct themselves, Mintel found that men were more likely to invest in stocks, exchange traded funds, futures and options, while women were more likely to invest in mutual funds.

Most investors in the survey don't trade very much: More than half of men and more than three-quarters of women traded, at most, a few times a year. But a third of men said they traded at least several times a month, while only half as many women did.

There are other differences: Women are more likely to get their investment information from people, such as financial advisers or family, than from newspapers, books or websites, according to the surveys, and see themselves as risk averse. In the Brinker survey, 42 percent of men said they were "extremely" or "very" comfortable taking investment risks, twice the rate of women.

Women see themselves as more collaborative, while men see themselves as the decision makers. About 60 percent of married men said they make the investment and financial decisions in the household, the survey found, while fully three-fourths of married women said the decisions are made jointly.

The survey results signal that financial advisers, mutual funds and investment firms still are falling short in how well they educate and support their customers. That is significant, since surveys that track retirement-account participation repeatedly show that customers who actively engage in financial education or get regular advice are more likely to increase their contributions and diversify their investments and are far less likely to pull out of the market when it swoons.

Here are some steps women can take to bridge the confidence gap:

-- Start planning the kind of retirement you want to have. "Women aren't thinking about this," says MP Dunleavey, editor-in-chief of DailyWorth.com, which sends personal-finance and investing emails geared to women. "They aren't letting themselves think or dream or daydream" about retirement. But, she says, if you can envision how you want to spend your time after you stop working, you might find it easier to develop more interest and knowledge in how to get to that goal.

-- Make learning a family affair. If you feel like you don't know enough about debt, banking or other personal-finance issues, encourage your kids to learn with you. Or better yet, delegate to a family member who needs to learn, too: Ask teens to find the best bank account for the family in exchange for the first $50 in an account or a future 401(k) owner to figure out which mutual fund is better -- and then have them teach you about it.

-- Demand more from your financial adviser. If you are paying an adviser to help you stay on track toward retirement, college savings and other goals, you should get more than advice. Ask for detailed explanations of how things work, reading suggestions and other guidance that will increase your knowledge and confidence. And don't leave meetings to your spouse; the more you are in touch with the adviser, the more comfortable you are likely to feel.

-- Embrace your insecurity. It is a good thing that women feel less confident than men about their investing prowess, says Meir Statman, a finance professor at Santa Clara University and author of the new book "What Investors Really Want." Citing surveys conducted in 23 countries, he says women also are less likely than men to take big risks by changing their portfolio mix or switching jobs. As result, they also are less like to jump in and out of investments trying to chase the highest returns.

"Women are doing a favor for themselves by being properly confident, rather than overconfident, about their ability to beat the market," Statman says.

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Drug Marketing Often Targets Med Students: Analysis | View Clip
05/24/2011
msn.com

Schools urged to do more to prevent drug company influence on prescribing practices

-- Robert Preidt

TUESDAY, May 24 (HealthDay News) -- Drug company marketing to those attending medical school is common and can cloud students' ethical judgment, researchers warn.

A team led by Kirsten Austad and Aaron S. Kesselheim at Harvard Medical School in Boston analyzed published studies that included a total of 9,850 students at 76 medical schools in the United States. The investigators found that most of the students had some type of interaction with drug companies and that this contact increased during the clinical years, with up to 90 percent of clinical students receiving some form of marketing materials from drug makers.

Among the students queried, most believed there was no ethical problem in accepting gifts from drug companies. Their justifications included financial hardship or pointing out that most other medical students accepted such gifts.

Nearly two-thirds of the medical students claimed that drug company promotions, gifts or interactions with sales representatives did not affect their impartiality regarding drug makers and their products.

The study is published in the May 24 online edition of the journal PLoS Medicine.

The study authors said their findings suggest that strategies to educate medical students about interactions with drug makers should directly address widely held misconceptions about the effects of marketing.

In addition, medical schools need to introduce reforms, such as rules limiting contact between students and drug company representatives.

"These changes can help move medical education a step closer to two important goals: the cultivation of strong professional values, as well as the promotion of a respect for scientific principles and critical review of evidence that will later inform clinical decision-making and prescribing practices," the researchers concluded.

More information

Santa Clara University has more about drug company gifts to doctors.

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REDISTRICTING SPARKS FLY
05/24/2011
San Jose Mercury News

California's landmark attempt to change the way the state draws its political boundaries took center stage Monday in Silicon Valley, as one activist after another spoke up at a public hearing for their turf.

From ethnic groups to neighborhood associations, about 150 people crammed into San Jose's Mayfair Community Center, eager to help shape a statewide redistricting plan a new citizens commission is drafting.

"They're not just jiggling the lines," said Allan Hoffenblum, publisher of the California Target Book. "There's going to be a lot of change."

The hearing was one of dozens the Citizens Redistricting Commission is holding around the state. The 14-member panel has until June 10 to complete the first draft of a statewide map, which could significantly change the ethnic and geographic makeup of districts for Congress and the state Senate, Assembly and Board of Equalization.

Speakers from San Jose's Evergreen neighborhood to Atherton to the Tri-Valley region beseeched the commission to redraw the state's political lines, either to consolidate fractured communities around largely ethnic or political boundaries, or follow natural geographical lines.

Patricia Martinez-Roach, an East Side Union High School District trustee, spoke up for keeping her mostly Latino, lower-income neighborhood within the largely Asian-American, affluent Congressional District 8.

"They're taking a poor neighborhood out of a wealthy district, I don't like that," she said. "Property values would go down if we were put in a different district."

For some, it was all about political sway, from the East San Jose residents who want to ensure that Latinos have a unified voice in Sacramento and Washington, D.C., to Berryessa activists who want to be represented by one Assembly member, not four.

Berryessa was split up into four Assembly districts in 2001, diluting the political power of voters in the heavily Asian-American San Jose neighborhood.

"That process totally disenfranchised our community," said Rudy Nasol, vice president of the Berryessa Citizens Advisory Council. "We cannot and should not allow such a thing to happen again."

Every 10 years, after the census comes out, the political maps are redrawn. Each district must approximately have the same number of people, include "communities of interest," and abide by the Voting Rights Act, which outlaws discriminatory voting practices that disenfranchise minorities.

The citizens commission was formed in 2008, after voters approved a ballot measure that transferred authority for drawing state political boundaries from the Legislature to the new panel. In November, voters passed a measure to include congressional districts. The commission is composed of five Democrats, five Republicans and four independents.

The redistricting shake-up came after state lawmakers on both sides of the aisle in 2001 crafted a map that critics regarded as a cynical attempt to create political districts designed to protect incumbents. State Sen. Sam Blakeslee's current district, for instance, stretches from San Jose to San Luis Obispo, two cities that have little in common. Since the map was drawn, in California's 53 congressional districts, only one incumbent of either party has lost a seat to the other party -- Republican Rep. Richard Pombo in the 11th Congressional District, which runs from the East Bay to the San Joaquin Valley.

The question of where to draw the political lines generates controversy and debate all over the state, but for different reasons. In some areas, it's about ensuring the elected representative is the same race or ethnicity of the most of the voters. In others, it's about guaranteeing a region won't be ignored.

The controversy is particularly fierce in Southern California, including the Inland Empire and San Fernando Valley, where there's been more population growth, especially of Latinos.

But there was plenty of passion at Monday's meeting in San Jose.

Halfway through the hearing, tempers flared after a commissioner chided the group for applauding. At the start of the meeting, he had instructed them not to applaud or jeer any other speaker. But the mostly white crowd applauded after a speaker who was born in Ghana to East Indian parents said, "We're all Americans" and that districts should not be divided along racial lines.

When Commissioner Angelo N. Ancheta tried to quiet the crowd, some people in the crowd yelled, "We have a right to speak," and, "Shame on you." Ancheta, a Santa Clara University law school professor, then recessed the meeting for a five-minute cooling-off period, the first time he's had to do so in some 20 similar public hearings around the state.

In a calmer moment, Mountain View resident Judy Fawcett implored the panel to refrain from political considerations.

"The politicians -- how they got away with setting their own districts, I don't know," she said, referring to the 2001 map. "But if you could set them straight, we'd all be grateful."

The new plan will be an improvement, but not everyone will be satisfied, said Larry Gerston, a political-science professor at San Jose State. "The districts will be compact and make more geographical sense," he said. "But there will still be communities of like-minded people who will be split up."

Contact Tracey Kaplan at tkaplan@mercurynews.com.

Copyright © 2011 San Jose Mercury News

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British Gag Order and A Flurry of  Tweets Put Free Speech to the Test | View Clip
05/23/2011
The Jakarta Globe - Online

The New Sunday Herald, a Scottish paper, identified a British footballer at the center of controversy after his name was spread on Twitter.

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Chinese Officials Dip Their Toes Into Sea of Tweets 12:28pm Mar 18, 2011

San Francisco. What began as seamy gossip about an affair between a famous British football player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The football player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online football forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman said the company could not comment on the court order.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a US company, we have CDA 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the football player would be considered legal in the United States, Internet law experts said, because of the CDA and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

‘'You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Burke said.

Other US Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the football player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the football player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The New Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support, as well, for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued on Friday that people who flout injunctions online could be liable. “Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult. “When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

Return to Top



Free speech on Twitter faces test | View Clip
05/23/2011
Herald-Journal - Online

SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

“You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

“Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

“When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

Return to Top



Free Speech on Twitter Faces Test | View Clip
05/23/2011
CNBC - Online

SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

World

Politics

Business

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

“You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

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Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

“Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

“When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

This story originally appeared in The New York Times

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Free Speech on Twitter Faces Test | View Clip
05/23/2011
Lexington Dispatch - Online, The

SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

“You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

“Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

“When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

Return to Top



Free Speech on Twitter Faces Test | View Clip
05/23/2011
Wilmington Star-News - Online

SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

“You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

“Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

“When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

Return to Top



Free Speech on Twitter Faces Test | View Clip
05/23/2011
Houma Courier - Online

SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

“You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

“Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

“When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

Return to Top



Free Speech on Twitter Faces Test | View Clip
05/23/2011
Gainesville Sun - Online, The

SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

“You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

“Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

“When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

Return to Top



Free Speech on Twitter Faces Test | View Clip
05/23/2011
Sarasota Herald-Tribune - Online

SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

“You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

“Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

“When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

Return to Top



Free Speech On Twitter Faces Test
05/23/2011
New York Times, The

SAN FRANCISCO -- What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, ''It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.''

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

''If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,'' said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, ''Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.''

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, ''We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,'' referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

''You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,'' Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users -- chafing at the injunction and what they perceived as its restriction on free speech -- repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed -- with the name bleeped out -- on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. ''We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,'' he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

''Are we really going to say,'' he asked, ''that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?''

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

''When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,'' she said. ''The problem is that it's all so difficult to enforce. Where would you begin?''

Copyright © 2011 The New York Times Company

Return to Top



Free Speech on Twitter Faces Test | View Clip
05/23/2011
Tuscaloosa News - Online, The

SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

“You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

“Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

“When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

Return to Top



Free Speech on Twitter Faces Test | View Clip
05/23/2011
Pittsburgh Post-Gazette - Online

SAN FRANCISCO -- What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, "It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech."

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

"If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring," said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, "Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed."

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*San Mateo County Sheriff Critical Of Supreme Court Ruling On Prison Overcrowding | View Clip
05/23/2011
KCBS-AM

SAN MATEO (KCBS / AP) – A U.S. Supreme Court decision Monday narrowly endorsing a plan to move 33,000 inmates out of California's cramped prison system will make overcrowding an issue at county jails, said San Mateo Sheriff Greg Munks.

The 5-4 decision that the reduction is “required by the Constitution” to correct longstanding violations of inmates' rights affirms that federal judges retain enormous power to oversee troubled state prisons.

Munks said transferring or releasing so many inmates will create a strain on San Mateo County jails already at 120 percent capacity.

“Those inmates, rather than going to state prison, will start doing their time in the county jail system,” he said, adding another 400 to 500 inmates to a jail system that already houses 1,000 inmates.

The Supreme Court order mandates a prison population of no more than 110,000 inmates, still far above the system's designed capacity, said Santa Clara University law professor David Ball.

“By upholding this order, they're not saying that the state has to have uncrowded prisons, just not incredibly overcrowded prisons,” Ball said.

KCBS' Mike Colgan Reports:

San Mateo County Sheriff Critical Of Supreme Court Ruling On Prison Overcrowding
Justice Anthony Kennedy, a California native, wrote the majority opinion, in which he included photos of severe overcrowding. The court's four Democratic appointees joined with Kennedy.

“The violations have persisted for years. They remain uncorrected,” Kennedy said. The lawsuit challenging the provision of mental health care was filed in 1990.

Justice Antonin Scalia said in dissent that the court order is “perhaps the most radical injunction issued by a court in our nation's history.”

Scalia, reading his dissent aloud Monday, said it would require the release of “the staggering number of 46,000 convicted felons.”

Scalia's number, cited in legal filings, comes from a period in which the prison population was even higher.

Justice Clarence Thomas joined Scalia's opinion, while Justice Samuel Alito wrote a separate dissent for himself and Chief Justice John Roberts.

Michael Bien, one of the lawyers representing inmates in the case, said, “The Supreme Court upheld an extraordinary remedy because conditions were so terrible.”

State officials did not immediately comment on the ruling.

Eighteen other states joined California in urging the justices to reject the population order as overreaching. They argued that it poses a threat to public safety. State attorneys general said they could face similar legal challenges.

Alito said he, too, feared that the decision, “like prior prisoner release orders, will lead to a grim roster of victims. I hope that I am wrong. In a few years, we will see.”

The California dispute is the first high court case that reviewed a prisoner release order under a 1996 federal law that made it much harder for inmates to challenge prison conditions.

The case revolves around inadequate mental and physical health care in a state prison system that in 2009 averaged nearly a death a week that might have been prevented or delayed with better medical care.

The facilities were designed to hold about 80,000 inmates.

The state has protested a court order to cut the population to around 110,000 inmates within two years, but also has taken steps to meet, if not exceed, that target. Kennedy said the state also could ask the lower court for more time to reach the 110,000-inmate target.

Earlier this year, Gov. Jerry Brown signed a bill that would reduce the prison population by about 40,000 inmates by transferring many low-level offenders to county jurisdiction. The state legislature has yet to authorize any money for the transfer.

A person appointed by federal judges now oversees prison medical operations, but the judges have said the key to improving health care is to reduce the number of inmates.

At the peak of the overcrowding, nearly 20,000 inmates were living in makeshift housing in gymnasiums and other common areas, often sleeping in bunks stacked three high. Another 10,000 inmates were in firefighting camps or private lockups within California.

In 2006, then-Gov. Arnold Schwarzenegger used his emergency powers to begin shipping inmates to private prisons in Arizona, Mississippi and Oklahoma. More than 10,000 California inmates are now housed in private prisons out of state.

Schwarzenegger also sought to reduce the inmate population by signing legislation that increased early release credits and made it more difficult to send ex-convicts back to prison for parole violations. Another law rewards county probation departments for keeping criminals out of state prisons.

One result of those changes is that the state has been able to do away with nearly two-thirds of its makeshift beds, although more than 7,000 inmates remain in temporary housing.

The case is Brown v. Plata ((09-1233).

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Santa Clara University law school marks centennial with graduation ceremony | View Clip
05/22/2011
InsideBayArea.com

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Michael Engh, president of the university, who addressed the graduates beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and nonprofit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The students' graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that, as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the students' new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for a single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates

still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer, David Drummond, is an alumnus of the law school. Other graduates hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County Superior Court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and CIA Director Leon Panetta, a former congressman and White House chief of staff and, now, defense secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a nonprofit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA, Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

Sarah Mercer, 34, Sacramento. After a public policy and health advocacy career in the state Capitol, Mercer said she realized she needed a law degree to make sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree -- his first from Santa Clara. He is a Stanford alumnus, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long, outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU

Law ALUMNI:

Former San Jose Mayor (and former 49ers part-owner) Al Ruffo, '36.

CIA Director Leon Panetta, '63.

Former California Supreme Court Chief Justice Ed Panelli, '55.

California Appeals Court Associate Justice (and former state Sen.) Charles Poochigian, '75.

U.S. Rep. Zoe Lofgren, '75.

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80.

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 - Law school founded.

1914 - First graduating class.

1926 - Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 - Accreditation by American Bar Association.

1942 - Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 - Law school closed for duration of the war.

1947 - School reopened.

1952 - Aurelius "Reo" Miles becomes first African-American to graduate.

1955 - Women permitted to apply.

1970 - Dean George Alexander starts diversifying student body.

1974 - Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 - High Tech Law Institute formed.

1999 - SCU's Social Justice and Public Service law program started.

2000 - Northern California Innocence Project formed.

2011 - Centennial year.

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Santa Clara University law school marks centennial with graduation ceremony | View Clip
05/22/2011
California Chronicle

May 21--Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its

graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

--Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

--Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

--Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

--Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree -- his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36 CIA Director Leon Panetta, '63 Former state Supreme Court chief judge Ed Panelli, '55 California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75 U.S. Rep. Zoe Lofgren, '75 Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 "" Law school founded. 1914 "" First graduating class. 1926 "" Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years. 1937 "" Accreditation by American Bar Association. 1942 "" Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II. 1943 "" Law school closed for duration of the war 1947 "" School reopened. 1952 "" Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law. 1955 "" Women permitted to apply. 1963 "" First three women graduate. 1970 "" George Alexander becomes dean, embarks on efforts to diversify the law school's student body. 1974 "" Beginnings of Institute of International and Comparative Law, focusing on Asia. 1990 "" High Tech Law Institute formed. 1999 "" SCU's Social Justice and Public Service law program started. 2000 "" Northern California Innocence Project is formed. 2011 "" Centennial year.

Source: Santa Clara University

To see more of the San Jose Mercury News, or to subscribe to the newspaper, go to http://www.mercurynews.com.

Copyright (c) 2011, San Jose Mercury News, Calif.

A service of YellowBrix, Inc.

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Santa Clara University law school marks centennial with graduation ceremony | View Clip
05/22/2011
San Gabriel Valley Tribune - Online

Pearl C. Geronimo celebrates after receiving her Juris Doctor degree at the Santa Clara School of Law Commencement in Santa Clara, Calif., on Saturday, May 21, 2011. (LiPo Ching/Mercury News)

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Michael Engh, president of the university, who addressed the graduates beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and nonprofit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The students' graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that, as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the students' new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for a single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates

still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer, David Drummond, is an alumnus of the law school. Other graduates hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County Superior Court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and CIA Director Leon Panetta, a former congressman and White House chief of staff and, now, defense secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a nonprofit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA, Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

Sarah Mercer, 34, Sacramento. After a public policy and health advocacy career in the state Capitol, Mercer said she realized she needed a law degree to make sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree -- his first from Santa Clara. He is a Stanford alumnus, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long, outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU

Law ALUMNI:

Former San Jose Mayor (and former 49ers part-owner) Al Ruffo, '36.

CIA Director Leon Panetta, '63.

Former California Supreme Court Chief Justice Ed Panelli, '55.

California Appeals Court Associate Justice (and former state Sen.) Charles Poochigian, '75.

U.S. Rep. Zoe Lofgren, '75.

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80.

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 "“ Law school founded.

1914 "“ First graduating class.

1926 "“ Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 "“ Accreditation by American Bar Association.

1942 "“ Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 "“ Law school closed for duration of the war.

1947 "“ School reopened.

1952 "“ Aurelius "Reo" Miles becomes first African-American to graduate.

1955 "“ Women permitted to apply.

1970 "“ Dean George Alexander starts diversifying student body.

1974 "“ Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 "“ High Tech Law Institute formed.

1999 "“ SCU's Social Justice and Public Service law program started.

2000 "“ Northern California Innocence Project formed.

2011 "“ Centennial year.

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Santa Clara University law school marks centennial with graduation ceremony | View Clip
05/22/2011
Contra Costa Times - Online

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Michael Engh, president of the university, who addressed the graduates beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and nonprofit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that, as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for a single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer, David Drummond, is an alumnus of the law school. Other graduates hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and CIA Director Leon Panetta, a former congressman and White House chief of staff and, now, Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

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Santa Clara University law school marks centennial with graduation ceremony [San Jose Mercury News, Calif.] | View Clip
05/22/2011
Evergreen Investments

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Why moms kill | View Clip
05/22/2011
Fort Collins Coloradoan - Online, The

Committing the unthinkable not nearly as rare as we think

Russell Yates, husband of Andrea Yates and father of their 5 dead children, holds a family portrait while speaking in front of the family's home in 2001. After first being convicted of capital murder, Andrea Yates was found innocent by reason of insanity and remains in a mental institution. / Steve Ueckert/Houston Chronicle, file

How could she?" It's the headline du jour whenever a horrific case emerges of a mother killing her kids.

Our shock at such stories is, of course, understandable: They seem to go against everything we intuitively feel about the mother-child bond.

But mothers kill their children in this country much more often than most people would realize by simply reading the headlines. By conservative estimates, it happens every few days, at least 100 times a year. Experts say more mothers than fathers kill their children younger than 5 years of age. And some say our reluctance as a society to believe mothers would be capable of killing their offspring is hindering our ability to recognize warning signs, intervene and prevent more tragedies.

And so the problem remains.

"We've learned how to reduce auto fatalities among kids, through seatbelt use. We've learned how to stop kids from strangling on the strings of their hoodies. But with this phenomenon, we struggle," said Jill Korbin, an anthropologist at Case Western Reserve University who has studied mothers who kill children. "The solution is not so readily apparent."

How common is filicide, or killing one's child, among mothers? Finding accurate records is nearly impossible, experts say. One problem is classification: The legal disposition of these cases varies enormously. Also, many cases doubtless go unreported or undetected, such as very young mothers who kill their newborns by smothering them or drowning them in a toilet after hiding the entire pregnancy.

"I'd say a mother kills a child in this country once every three days, and that's a low estimate," said Cheryl Meyer, co-author of "Mothers Who Kill Their Children."

Several databases track such killings but do not separate mothers from fathers or stepfathers. At the Department of Health and Human Services, the National Child Abuse and Neglect Data System reported an estimated 1,740 child fatalities, meaning when a child dies from an injury caused by abuse or neglect, in 2008.

And according to numbers compiled from 16 states by the National Violent Death Reporting System at the CDC Injury Center, 130 children were killed in those states by a parent in 2008, the last year for which numbers were available.

"The horrific stories make the headlines, so we believe it hardly ever happens," said Meyer, a professor of psychology at Wright State University in Dayton, Ohio. "But it's not a rare thing."

Meyer and co-author Michelle Oberman interviewed women at the Ohio Reformatory for Women. They found that of 1,800 women at the prison, 80 were there for killing their children.

It's also a phenomenon that defies neat patterns: It cuts across boundaries of class, race and socio-economic status. Oberman and Meyer came up with five categories: filicide related to an ignored pregnancy; abuse-related; neglect-related; assisted or coerced filicide (such as when a partner forces the killing); and purposeful filicide with the mother acting alone.

Different as these cases are, there are some factors that link the poor teen mother who kills her baby in a bathroom with an older, wealthier mother, and one of them, experts say, is isolation.

"These women almost always feel alone, with a total lack of emotional support," said Lita Linzer Schwartz, a professor emeritus of psychology and women's studies at Penn State, and co-author of "Endangered Children."

Schwartz said women are often not checked for mental illness after their crimes, and that is unfortunate.

"Women need better treatment not only before, but after," she said. "They get tormented in prison, when often what they need is psychological care."

The issue of mental illness is a tricky one. Some women are obviously seriously ill. Andrea Yates, who drowned her five children, one by one, in the bath in 2001, believed she was saving them from the devil. After first being convicted of capital murder, she was found innocent by reason of insanity and remains in a mental institution.

But Oberman, a law professor at Santa Clara University, said cases are not always so obvious. Sometimes depression is enough to send a woman over the edge.

"Almost all these women are not in their right minds (when they commit these acts)," she said. "The debate is whether they're sick enough to be called insane."

Besides isolation, another frequent similarity in the cases is a split with the father of the children.

"So often there is an impending death or divorce or breakup," Meyer said.

Lashanda Armstrong is the 25-year-old New York mother who piled her children into her minivan and drove straight into the frigid Hudson River. She had apparently argued with the father of three of her young children about his cheating, according to the woman's surviving son, just before driving into the river in Newburgh, N.Y. Her 10-year-old son climbed out a window and survived. Three children, ages 11 months to 5 years, died.

This was one of those cases where the mother was committing suicide and decided to take the kids with her. To rational observers, there is nothing more perverse. But in the logic of many of these mothers, experts say, they are protecting their children by taking them along. Armstrong's surviving son told a woman who helped him that his mother had told the kids: "If I'm going to die, you're all going to die with me."

Experts have heard that many times before.

"We see cases where the mother thinks the child would be better off in heaven than on this miserable earth," for example with an abusive father, Schwartz said. "They think it's a good deed, a blessing."

A good deed performed by a good mother.

"It's how the sick mother sees herself being a good mother," Oberman said. "Once she decides she can't bear the pain anymore, she thinks, 'what would a good mother do?"'

Korbin, the anthropologist, said in prison interviews she conducted, some women who had killed their children were still certain they were good mothers. And it's that very ideal of being a "good mother" that is holding our society back from taking preventive action or intervening in a potentially abusive situation before it's too late, Korbin said.

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Free Speech on Twitter Faces Test | View Clip
05/22/2011
New York Times - Online, The

SAN FRANCISCO — What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on , Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, “It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech.”

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

“If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring,” said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, “Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed.”

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, “We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here,” referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

“You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear,” Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users — chafing at the injunction and what they perceived as its restriction on free speech — repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed — with the name bleeped out — on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. “We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet,” he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

“Are we really going to say,” he asked, “that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?”

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

“When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law,” she said. “The problem is that it's all so difficult to enforce. Where would you begin?”

Claire Cain Miller reported from San Francisco and Ravi Somaiya from London.

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*Other schools may offer lessons on handling assault | View Clip
05/22/2011
Tribune, The

The first sexual assault reported to campus police during the fall semester at Sacramento State happened on the afternoon of Sept. 13.

A female student was studying on a bench when a man sat down and tried to hug her, briefly groping her through her clothes, The Sacramento Bee reported.

A month later, a female student reported being raped by an acquaintance at a residence hall.

By December — close to the end of the fall semester — a total of seven sexual offenses had been reported on a university campus of 29,000 students that normally falls on the low end of reported sexual assaults.

The peak in reports sparked a full-fledged university response. Campus police doubled the number of nighttime patrol officers, community service officers driving golf carts offered students rides to their vehicles, and student groups launched into action.

In some ways, what happened 300 miles north from San Luis Obispo is similar to what has happened recently at Cal Poly: several rapes reported within a short time period, prompting a quick campus response. A task force formed by Cal Poly President Jeff Armstrong has met several times to start setting short- and long-term goals.

Victim advocates contacted in various university towns praised Cal Poly's quick response. But they also stressed the importance of ongoing education, consistently reassessing programs and understanding that some changes may take several years to be instituted on campus.

Of course, Cal Poly's situation, with a small community centered on its university, is unique, and it can't easily be compared to other universities, including Sacramento State. Cal Poly has fewer students, and more of them — about 6,000 — live on campus, compared with the 1,500 students living in campus dormitories at Sacramento State.

But programs in place there and elsewhere may be useful as the Cal Poly task force assesses programs and searches for better outreach efforts to students.

The task force plans to look at best practices at other universities, said Rachel Fernflores, chairwoman of Cal Poly's Academic Senate, though she declined to state which universities the group might contact, saying there is no one university that is "the" university to emulate.

Fernflores added she believes the university needs to find ways to engage students more proactively.

"We want our students to care about each other, to look out for each other and also to look out for people who aren't students at Cal Poly," Fernflores said. "I don't mean to imply that they don't care about each other. I think they don't know what to do. And they need to know what to do." Bystander awareness

One of the concerns Armstrong raised was that students at a fraternity house party at which a college-age student reported she was raped May 7 "did nothing to keep each other safe."

"A large number of Cal Poly students attended the party; many drank to reckless excess, and many were underage," Armstrong said in a statement.

Engaging bystanders is key to preventing sexual violence, according to several victim advocates. Chico State made "bystander intervention" the focus of its campaign for Sexual Assault Awareness Month in April.

Santa Clara University runs a men's outreach program to educate men on ways to prevent sexual assault. Called "One in Four," it is named after the disturbing statistic that, according to the U.S. Department of Justice , one in every four college-age women will be the victim of rape or attempted rape.

UC Santa Cruz received a positive mention in a 2005 National Institute of Justice report for a program emphasizing the bystander's role in violence prevention, in part by using a "playbook" of strategies men can use to interrupt their peers when they believe they may be edging toward criminal behavior.

"It's all about personal responsibility," said Joelle Gomez , executive director of the San Joaquin Women's Center. She has been working to partner with University of the Pacific , a private university in Stockton, to improve its judicial review process of sexual assaults.

"The reality is college students are going to socialize, go to parties, and alcohol will more than likely be involved," she said. "What's important ... is when you see something that isn't right, you need to get involved, to act." Ongoing efforts

After the seven sexual offenses were reported at Sacramento State, Jessica Heskin , the university's violent and sexual assault support services coordinator, quickly planned a self-defense workshop. It drew 75 students, faculty and staff.

In February, after a new semester was under way, student groups got together to encourage 700 students to participate in a national program by signing a "One Student" pledge to help end sexual violence by becoming part of the solution.

The pledge lists several ways to do so: by making sure friends understand that a person cannot consent to sex if he or she is intoxicated, and by intervening if someone is taking advantage of an intoxicated person.

"The bottom line is we are a community, and this issue of sexual violence affects every one of us," Heskin said. "We needed to show a public campaign that 'This is our campus, this is our community, and we need to be socially active against this issue.' "

In general, Sacramento State has several programs to raise awareness of the university's policy on sexual assault, she said. All new and transfer students are required to take an online tutorial, part of which deals with the school's sexual misconduct policy.

During an orientation for new and transfer students, all are instructed to take out their cellphones and program in the campus police phone number.

And Heskin herself is a full-time credentialed victim advocate on the university's staff. She is on-call 24 hours a day for victims of domestic violence, hate crimes and stalking.

Heskin and Gomez said they were encouraged that the sexual assaults were reported, because according to an often-cited U.S. Department of Justice report published in 2000, fewer than 5 percent of attempted or completed rapes were reported to law enforcement officials. In two-thirds of the cases, however, the victim told another person about the incident, most often a friend.

The report also found that during any given academic year, 2.8 percent of women — or one in 36 — will be raped or experience an attempted rape. Short-term plans

The Cal Poly task force has met several times to discuss what can be done before the end of the spring quarter, just three weeks away.

Fernflores said the task force plans to hold three "retreats" with different groups on campus over the next three weeks. Those groups include service providers, including counselors, university police and the SAFER program (Cal Poly's sexual assault resource and prevention program); student leaders including fraternity and sorority representatives; and faculty members.

Over the summer, the task force will reach out to the community for input. By the end of the summer, the task force's goal is to develop a list of short- and long-term recommendations for Armstrong.

"We need to find really effective ways of helping the students become know-ledgeable about how they can care for each other in some of the situations they're finding themselves in," she said.

One short-term plan was already put into place last week: At 4:59 p.m. Thursday, an email was sent out to all Cal Poly students reminding them of ways they can send an anonymous alert to police via text or email.

The email, signed by Cal Poly Vice President of Student Affairs Cornel Morton, began by stating, "Your safety is our No. 1 concern." The email ended with a plea: "Please look out for each other and ask for help if there is trouble."

Reach Cynthia Lambert at 781-7929. Stay updated by following @SouthCountyBeat on Twitter.

Copyright © 2011 McClatchy-Tribune Information Services

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Other schools may offer lessons on handling assault | View Clip
05/22/2011
Tribune - Online, The

The first sexual assault reported to campus police during the fall semester at Sacramento State happened on the afternoon of Sept. 13.

A female student was studying on a bench when a man sat down and tried to hug her, briefly groping her through her clothes, The Sacramento Bee reported.

A month later, a female student reported being raped by an acquaintance at a residence hall.

By December — close to the end of the fall semester — a total of seven sexual offenses had been reported on a university campus of 29,000 students that normally falls on the low end of reported sexual assaults.

The peak in reports sparked a full-fledged university response. Campus police doubled the number of nighttime patrol officers, community service officers driving golf carts offered students rides to their vehicles, and student groups launched into action.

In some ways, what happened 300 miles north from San Luis Obispo is similar to what has happened recently at Cal Poly: several rapes reported within a short time period, prompting a quick campus response. A task force formed by Cal Poly President Jeff Armstrong has met several times to start setting short- and long-term goals.

Victim advocates contacted in various university towns praised Cal Poly’s quick response. But they also stressed the importance of ongoing education, consistently reassessing programs and understanding that some changes may take several years to be instituted on campus.

Of course, Cal Poly’s situation, with a small community centered on its university, is unique, and it can’t easily be compared to other universities, including Sacramento State. Cal Poly has fewer students, and more of them — about 6,000 — live on campus, compared with the 1,500 students living in campus dormitories at Sacramento State.

But programs in place there and elsewhere may be useful as the Cal Poly task force assesses programs and searches for better outreach efforts to students.

The task force plans to look at best practices at other universities, said Rachel Fernflores, chairwoman of Cal Poly’s Academic Senate, though she declined to state which universities the group might contact, saying there is no one university that is “the” university to emulate.

Fernflores added she believes the university needs to find ways to engage students more proactively.

“We want our students to care about each other, to look out for each other and also to look out for people who aren’t students at Cal Poly,” Fernflores said. “I don’t mean to imply that they don’t care about each other. I think they don’t know what to do. And they need to know what to do.”

Bystander awareness

One of the concerns Armstrong raised was that students at a fraternity house party at which a college-age student reported she was raped May 7 “did nothing to keep each other safe.”

“A large number of Cal Poly students attended the party; many drank to reckless excess, and many were underage,” Armstrong said in a statement.

Engaging bystanders is key to preventing sexual violence, according to several victim advocates. Chico State made “bystander intervention” the focus of its campaign for Sexual Assault Awareness Month in April.

Santa Clara University runs a men’s outreach program to educate men on ways to prevent sexual assault. Called “One in Four,” it is named after the disturbing statistic that, according to the U.S. Department of Justice, one in every four college-age women will be the victim of rape or attempted rape.

UC Santa Cruz received a positive mention in a 2005 National Institute of Justice report for a program emphasizing the bystander’s role in violence prevention, in part by using a “playbook” of strategies men can use to interrupt their peers when they believe they may be edging toward criminal behavior.

“It’s all about personal responsibility,” said Joelle Gomez, executive director of the San Joaquin Women’s Center. She has been working to partner with University of the Pacific, a private university in Stockton, to improve its judicial review process of sexual assaults.

“The reality is college students are going to socialize, go to parties, and alcohol will more than likely be involved,” she said. “What’s important ... is when you see something that isn’t right, you need to get involved, to act.”

Ongoing efforts

After the seven sexual offenses were reported at Sacramento State, Jessica Heskin, the university’s violent and sexual assault support services coordinator, quickly planned a self-defense workshop. It drew 75 students, faculty and staff.

In February, after a new semester was under way, student groups got together to encourage 700 students to participate in a national program by signing a “One Student” pledge to help end sexual violence by becoming part of the solution.

The pledge lists several ways to do so: by making sure friends understand that a person cannot consent to sex if he or she is intoxicated, and by intervening if someone is taking advantage of an intoxicated person.

“The bottom line is we are a community, and this issue of sexual violence affects every one of us,” Heskin said. “We needed to show a public campaign that ‘This is our campus, this is our community, and we need to be socially active against this issue.’ ”

In general, Sacramento State has several programs to raise awareness of the university’s policy on sexual assault, she said. All new and transfer students are required to take an online tutorial, part of which deals with the school’s sexual misconduct policy.

During an orientation for new and transfer students, all are instructed to take out their cellphones and program in the campus police phone number.

And Heskin herself is a full-time credentialed victim advocate on the university’s staff. She is on-call 24 hours a day for victims of domestic violence, hate crimes and stalking.

Heskin and Gomez said they were encouraged that the sexual assaults were reported, because according to an often-cited U.S. Department of Justice report published in 2000, fewer than 5 percent of attempted or completed rapes were reported to law enforcement officials. In two-thirds of the cases, however, the victim told another person about the incident, most often a friend.

The report also found that during any given academic year, 2.8 percent of women — or one in 36 — will be raped or experience an attempted rape.

Short-term plans

The Cal Poly task force has met several times to discuss what can be done before the end of the spring quarter, just three weeks away.

Fernflores said the task force plans to hold three “retreats” with different groups on campus over the next three weeks. Those groups include service providers, including counselors, university police and the SAFER program (Cal Poly’s sexual assault resource and prevention program); student leaders including fraternity and sorority representatives; and faculty members.

Over the summer, the task force will reach out to the community for input. By the end of the summer, the task force’s goal is to develop a list of short- and long-term recommendations for Armstrong.

“We need to find really effective ways of helping the students become know-ledgeable about how they can care for each other in some of the situations they’re finding themselves in,” she said.

One short-term plan was already put into place last week: At 4:59 p.m. Thursday, an email was sent out to all Cal Poly students reminding them of ways they can send an anonymous alert to police via text or email.

The email, signed by Cal Poly Vice President of Student Affairs Cornel Morton, began by stating, “Your safety is our No. 1 concern.” The email ended with a plea: “Please look out for each other and ask for help if there is trouble.”

Reach Cynthia Lambert at 781-7929. Stay updated by following @SouthCountyBeat on Twitter.

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Free speech on Twitter faces test | View Clip
05/22/2011
NDTV

Clair Cain Miller and Ravi Somaiya, The New York Times, Updated: May 23, 2011 08:13 IST

San Francisco: What began as seamy gossip about an affair between a famous British soccer player and a reality TV star has quickly become another test over how far the rights to privacy and free speech extend online, where social media operate in countries with vastly different laws.

The soccer player has been granted a so-called super-injunction, a stringent and controversial British legal measure that prevents media outlets from identifying him, reporting on the story or even from revealing the existence of the court order itself.

But tens of thousands of Internet users have flouted the injunction by revealing his name on Twitter, Facebook and online soccer forums, sites that blur the definition of the press and are virtually impossible to police.

Last week, amid growing outrage in Britain over the use of super-injunctions, the athlete obtained a court order in British High Court demanding that Twitter reveal the identities of the anonymous users who had posted the messages. A Twitter spokesman, Matt Graves, said the company could not comment on the court order or how it planned to respond.

Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said, "It's really going to the core of Twitter's service and trying to balance the speech of its users and the fact that countries have different laws and norms about speech."

And while a debate centering on an athlete's love life might not seem to be the most pressing example of free speech online, there are broader and more urgent implications, analysts said.

"If you step back, that same sort of protection is really vital to have in place when you're talking about the individuals involved in a revolution or a social movement like the Arab Spring," said Thomas R. Burke, a chairman of the media law practice at the firm Davis Wright Tremaine.

In a company blog post in January, Biz Stone, a Twitter founder, and Alex Macgillivray, its general counsel, wrote, "Our position on freedom of expression carries with it a mandate to protect our users' right to speak freely and preserve their ability to contest having their private information revealed."

Twitter removes spam and illegal posts, they wrote, but tries to limit those exceptions. It releases information when required by law but notifies users before the disclosures unless it is legally prohibited from doing so.

Because Twitter is based in the United States, it could argue that it abides by the law and that any plaintiff would need to try the case in the United States, legal analysts said. But Twitter is opening a London office, and the rules are more complicated if companies have employees or offices in foreign countries.

Still, Twitter has resisted turning over this type of information in the past. Mr. Macgillivray, when asked about international laws at a conference in March, said, "We tell them, we're a U.S. company, we have C.D.A. 230 here, and you're welcome to come and try your hand at suing us here," referring to the Communications Decency Act, which says Web companies are not liable for what their users post.

There is no question that the Twitter posts about the soccer player would be considered legal in the United States, Internet law experts said, because of the Communications Decency Act and the First Amendment's protections for anonymous speech. Further, an injunction to prevent this type of information from being exposed would be unheard of in the United States. But the issue gets murkier across borders.

"You would think at this point in the Internet you would have a clear body of law about what laws the Internet is subject to, but that is anything but clear," Mr. Burke said.

Other American Internet companies have run up against conflicting international laws. When Google opened its search engine in China, it censored results in accordance with Chinese law, and it has faced legal issues in Germany over the use of photographs taken for its Street View maps.

Web sites where users post content grapple with different restrictions. Some companies handle the issue by opening localized sites that sometimes follow different rules. Yelp and eBay, for instance, operate different sites in different countries.

In Britain, super-injunctions have been hotly debated. Many Britons are outraged that celebrities enmeshed in scandals and businesses engaged in dubious practices have received the injunctions with little oversight.

The controversy over the soccer player escalated over the weekend when Internet users -- chafing at the injunction and what they perceived as its restriction on free speech -- repeatedly posted his name online.

Once the information is online, the injunction is futile, both critics and supporters of super-injunctions argue. For instance, the soccer player's name is now so widely known that it has become a running joke, discussed -- with the name bleeped out -- on prime-time television. Foreign publications like Forbes.com and The Sunday Herald, a Scottish paper, have printed his name.

Jeremy Hunt, the British culture secretary, said at a forum last week that the Internet was making a mockery of the injunctions. "We have this very unfortunate and unsustainable situation where newspapers can't print things that are freely available on the Internet," he said.

But there is support as well for the way British law tries to protect privacy. Lord Chief Justice Igor Judge, Britain's most senior judge, said in a report issued Friday that people who flout injunctions online could be liable.

"Are we really going to say," he asked, "that somebody who has a true claim for privacy, perfectly well made, which the newspapers and media can't report, has to be at the mercy of somebody using modern technology?"

But Charlotte Harris, a media lawyer who has represented both public figures seeking injunctions and people arguing against injunctions, said that could be extremely difficult.

"When you sign up to most sites, you agree to terms and conditions that say you won't use them to break the law," she said. "The problem is that it's all so difficult to enforce. Where would you begin?"

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SCU LAW SCHOOL GRADUATES 300 IN CENTENNIAL YEAR
05/22/2011
San Jose Mercury News

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Michael Engh, president of the university, who addressed the graduates beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and nonprofit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The students' graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that, as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the students' new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for a single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer, David Drummond, is an alumnus of the law school. Other graduates hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County Superior Court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and CIA Director Leon Panetta, a former congressman and White House chief of staff and, now, defense secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

(box) Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a nonprofit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

(box) Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA, Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

(box) Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

(box) Sarah Mercer, 34, Sacramento. After a public policy and health advocacy career in the state Capitol, Mercer said she realized she needed a law degree to make sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree -- his first from Santa Clara. He is a Stanford alumnus, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long, outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Copyright © 2011 San Jose Mercury News

Return to Top



Girls Just Want to Have Funds | View Clip
05/21/2011
Yahoo! Xtra Business

Women are a majority on college campuses and a growing force in the American workplace. But in survey after survey, they rate themselves as less confident—and less knowledgeable—about money and investing than men do.

This disconnect can carry a steep potential price. Since they are likely to earn less than men and live longer, women may have a greater need for their savings in their later years—but they would benefit from the kind of confidence that men have in their own investing prowess to get there.

One thing is in their favor: When they do invest, their humility and caution make them far less likely than men to trade excessively or to take outsize risks, which can benefit them in the long run.

Only 26% of women were confident making their own investment decisions, compared with 44% of men, according to a survey by MassMutual Financial Group of 1,500 participants in its retirement plans published in March. Both were less confident than a year ago.

Women also expressed much less investing confidence than men in recent surveys conducted by market-research firm Mintel Group and Brinker Capital, an investment-management firm that questioned more than 300 clients of 78 financial institutions.

Tellingly, the surveys find that neither men nor women feel overwhelmingly confident or knowledgeable about the broader investing process. "Both genders are in horrific need of basic help," says , founder of the Women's Financial Literacy Initiative.

In surveying 2,000 adults about investment accounts that they direct themselves, Mintel found that men were more likely to invest in stocks, exchange traded funds, futures and options, while women were more likely to invest in mutual funds.

Most investors in the survey don't trade very much: More than half of men and more than three-quarters of women traded, at most, a few times a year. But a third of men said they traded at least several times a month, while only half as many women did.

There are other differences: Women are more likely to get their investment information from people, such as financial advisers or family, than from newspapers, books or websites, according to the surveys, and see themselves as risk averse. In the Brinker survey, 42% of men said they were "extremely" or "very" comfortable taking investment risks, twice the rate of women.

Women see themselves as more collaborative, while men see themselves as the decision makers. About 60% of married men said they make the investment and financial decisions in the household, the survey found, while fully three-fourths of married women said the decisions are made jointly.

The survey results signal that financial advisers, mutual funds and investment firms still are falling short in how well they educate and support their customers. That is significant, since surveys that track retirement-account participation repeatedly show that customers who actively engage in financial education or get regular advice are more likely to increase their contributions and diversify their investments and are far less likely to pull out of the market when it swoons.

Here are some steps women can take to bridge the confidence gap:

• Start planning the kind of retirement you want to have. "Women aren't thinking about this," says , editor-in-chief of DailyWorth.com, which sends personal-finance and investing emails geared to women. "They aren't letting themselves think or dream or daydream" about retirement. But, she says, if you can envision how you want to spend your time after you stop working, you might find it easier to develop more interest and knowledge in how to get to that goal.

• Make learning a family affair. If you feel like you don't know enough about debt, banking or other personal-finance issues, encourage your kids to learn with you. Or better yet, delegate to a family member who needs to learn, too: Ask teens to find the best bank account for the family in exchange for the first $50 in an account or a future 401(k) owner to figure out which mutual fund is better—and then have them teach you about it.

• Demand more from your financial adviser. If you are paying an adviser to help you stay on track toward retirement, college savings and other goals, you should get more than advice. Ask for detailed explanations of how things work, reading suggestions and other guidance that will increase your knowledge and confidence. And don't leave meetings to your spouse; the more you are in touch with the adviser, the more comfortable you are likely to feel.

• Embrace your insecurity. It is a good thing that women feel less confident than men about their investing prowess, says , a finance professor at Santa Clara University and author of the new book "What Investors Really Want." Citing surveys conducted in 23 countries, he says women also are less likely than men to take big risks by changing their portfolio mix or switching jobs. As result, they also are less like to jump in and out of investments trying to chase the highest returns.

"Women are doing a favor for themselves by being properly confident, rather than overconfident, about their ability to beat the market," Prof. Statman says.

Write to Karen Blumenthal at karen.blumenthal@wsj.com

Return to Top



Girls Just Want to Have Funds | View Clip
05/21/2011
Yahoo! Finance Australia

Women are a majority on college campuses and a growing force in the American workplace. But in survey after survey, they rate themselves as less confident—and less knowledgeable—about money and investing than men do.

This disconnect can carry a steep potential price. Since they are likely to earn less than men and live longer, women may have a greater need for their savings in their later years—but they would benefit from the kind of confidence that men have in their own investing prowess to get there.

One thing is in their favor: When they do invest, their humility and caution make them far less likely than men to trade excessively or to take outsize risks, which can benefit them in the long run.

Only 26% of women were confident making their own investment decisions, compared with 44% of men, according to a survey by MassMutual Financial Group of 1,500 participants in its retirement plans published in March. Both were less confident than a year ago.

Women also expressed much less investing confidence than men in recent surveys conducted by market-research firm Mintel Group and Brinker Capital, an investment-management firm that questioned more than 300 clients of 78 financial institutions.

Tellingly, the surveys find that neither men nor women feel overwhelmingly confident or knowledgeable about the broader investing process. "Both genders are in horrific need of basic help," says , founder of the Women's Financial Literacy Initiative.

In surveying 2,000 adults about investment accounts that they direct themselves, Mintel found that men were more likely to invest in stocks, exchange traded funds, futures and options, while women were more likely to invest in mutual funds.

Most investors in the survey don't trade very much: More than half of men and more than three-quarters of women traded, at most, a few times a year. But a third of men said they traded at least several times a month, while only half as many women did.

There are other differences: Women are more likely to get their investment information from people, such as financial advisers or family, than from newspapers, books or websites, according to the surveys, and see themselves as risk averse. In the Brinker survey, 42% of men said they were "extremely" or "very" comfortable taking investment risks, twice the rate of women.

Women see themselves as more collaborative, while men see themselves as the decision makers. About 60% of married men said they make the investment and financial decisions in the household, the survey found, while fully three-fourths of married women said the decisions are made jointly.

The survey results signal that financial advisers, mutual funds and investment firms still are falling short in how well they educate and support their customers. That is significant, since surveys that track retirement-account participation repeatedly show that customers who actively engage in financial education or get regular advice are more likely to increase their contributions and diversify their investments and are far less likely to pull out of the market when it swoons.

Here are some steps women can take to bridge the confidence gap:

• Start planning the kind of retirement you want to have. "Women aren't thinking about this," says , editor-in-chief of DailyWorth.com, which sends personal-finance and investing emails geared to women. "They aren't letting themselves think or dream or daydream" about retirement. But, she says, if you can envision how you want to spend your time after you stop working, you might find it easier to develop more interest and knowledge in how to get to that goal.

• Make learning a family affair. If you feel like you don't know enough about debt, banking or other personal-finance issues, encourage your kids to learn with you. Or better yet, delegate to a family member who needs to learn, too: Ask teens to find the best bank account for the family in exchange for the first $50 in an account or a future 401(k) owner to figure out which mutual fund is better—and then have them teach you about it.

• Demand more from your financial adviser. If you are paying an adviser to help you stay on track toward retirement, college savings and other goals, you should get more than advice. Ask for detailed explanations of how things work, reading suggestions and other guidance that will increase your knowledge and confidence. And don't leave meetings to your spouse; the more you are in touch with the adviser, the more comfortable you are likely to feel.

• Embrace your insecurity. It is a good thing that women feel less confident than men about their investing prowess, says , a finance professor at Santa Clara University and author of the new book "What Investors Really Want." Citing surveys conducted in 23 countries, he says women also are less likely than men to take big risks by changing their portfolio mix or switching jobs. As result, they also are less like to jump in and out of investments trying to chase the highest returns.

"Women are doing a favor for themselves by being properly confident, rather than overconfident, about their ability to beat the market," Prof. Statman says.

Write to Karen Blumenthal at karen.blumenthal@wsj.com

Return to Top



Girls Just Want To Have Funds | View Clip
05/21/2011
Wall Street Journal

...spouse; the more you are in touch with the adviser, the more comfortable you are likely to feel. • Embrace your insecurity. It is a good thing that women feel less confident than men about their investing prowess, says Meir Statman, a finance professor at Santa Clara University and author of the new book "What Investors Really Want." Citing surveys conducted in 23 countries, he says women also are less likely than men to take big risks by changing their portfolio mix or switching jobs. As result,...

Return to Top



Santa Clara University law school marks centennial with graduation ceremony | View Clip
05/21/2011
Press-Telegram - Online

Click photo to enlarge

From left, Jennifer McAllister, Carlos Rosario, Brittney Salvatore, and Sarah Mercer pose for a portrait after receiving their Juris Doctor degrees at the Santa Clara School of Law Commencement in Santa Clara, Calif., on Saturday, May 21, 2011. (LiPo Ching/Mercury News)

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its

graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 "“ Law school founded.

1914 "“ First graduating class.

1926 "“ Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 "“ Accreditation by American Bar Association.

1942 "“ Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 "“ Law school closed for duration of the war

1947 "“ School reopened.

1952 "“ Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 "“ Women permitted to apply.

1963 "“ First three women graduate.

1970 "“ George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 "“ Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 "“ High Tech Law Institute formed.

1999 "“ SCU's Social Justice and Public Service law program started.

2000 "“ Northern California Innocence Project is formed.

2011 "“ Centennial year.

Return to Top



Santa Clara University law school marks centennial with graduation ceremony | View Clip
05/21/2011
San Jose Mercury News - Online

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its

graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 "“ Law school founded.

1914 "“ First graduating class.

1926 "“ Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 "“ Accreditation by American Bar Association.

1942 "“ Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 "“ Law school closed for duration of the war

1947 "“ School reopened.

1952 "“ Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 "“ Women permitted to apply.

1963 "“ First three women graduate.

1970 "“ George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 "“ Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 "“ High Tech Law Institute formed.

1999 "“ SCU's Social Justice and Public Service law program started.

2000 "“ Northern California Innocence Project is formed.

2011 "“ Centennial year.

Return to Top



Santa Clara University law school marks centennial with graduation ceremony | View Clip
05/21/2011
Santa Cruz Sentinel - Online

From left, Jennifer McAllister, Carlos Rosario, Brittney Salvatore, and Sarah Mercer pose for a portrait after receiving their Juris Doctor degrees at the Santa Clara School of Law Commencement in Santa Clara, Calif., on Saturday, May 21, 2011. (LiPo Ching/Mercury News)

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its

graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 "“ Law school founded.

1914 "“ First graduating class.

1926 "“ Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 "“ Accreditation by American Bar Association.

1942 "“ Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 "“ Law school closed for duration of the war

1947 "“ School reopened.

1952 "“ Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 "“ Women permitted to apply.

1963 "“ First three women graduate.

1970 "“ George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 "“ Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 "“ High Tech Law Institute formed.

1999 "“ SCU's Social Justice and Public Service law program started.

2000 "“ Northern California Innocence Project is formed.

2011 "“ Centennial year.

Return to Top



Santa Clara University law school marks centennial with graduation ceremony | View Clip
05/21/2011
Whittier Daily News

From left, Jennifer McAllister, Carlos Rosario, Brittney Salvatore, and Sarah Mercer pose for a portrait after receiving their Juris Doctor degrees at the Santa Clara School of Law Commencement in Santa Clara, Calif., on Saturday, May 21, 2011. (LiPo Ching/Mercury News)

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its

graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 "“ Law school founded.

1914 "“ First graduating class.

1926 "“ Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 "“ Accreditation by American Bar Association.

1942 "“ Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 "“ Law school closed for duration of the war

1947 "“ School reopened.

1952 "“ Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 "“ Women permitted to apply.

1963 "“ First three women graduate.

1970 "“ George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 "“ Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 "“ High Tech Law Institute formed.

1999 "“ SCU's Social Justice and Public Service law program started.

2000 "“ Northern California Innocence Project is formed.

2011 "“ Centennial year.

Return to Top



Santa Clara University law school marks centennial with graduation ceremony
05/21/2011
Daily Review, The

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

* Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

* Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

* Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

* Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 - Law school founded.

1914 - First graduating class.

1926 - Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 - Accreditation by American Bar Association.

1942 - Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 - Law school closed for duration of the war

1947 - School reopened.

1952 - Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 - Women permitted to apply.

1963 - First three women graduate.

1970 - George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 - Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 - High Tech Law Institute formed.

1999 - SCU's Social Justice and Public Service law program started.

2000 - Northern California Innocence Project is formed.

2011 - Centennial year.

Source: Santa Clara University

Copyright © 2011 The Daily Review. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

Return to Top



Santa Clara University law school marks centennial with graduation ceremony
05/21/2011
Tri-Valley Herald

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

* Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

* Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

* Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

* Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 - Law school founded.

1914 - First graduating class.

1926 - Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 - Accreditation by American Bar Association.

1942 - Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 - Law school closed for duration of the war

1947 - School reopened.

1952 - Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 - Women permitted to apply.

1963 - First three women graduate.

1970 - George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 - Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 - High Tech Law Institute formed.

1999 - SCU's Social Justice and Public Service law program started.

2000 - Northern California Innocence Project is formed.

2011 - Centennial year.

Source: Santa Clara University

Copyright © 2011 Tri-Valley Herald. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

Return to Top



Santa Clara University law school marks centennial with graduation ceremony
05/21/2011
Alameda Times-Star

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

* Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

* Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

* Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

* Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 - Law school founded.

1914 - First graduating class.

1926 - Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 - Accreditation by American Bar Association.

1942 - Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 - Law school closed for duration of the war

1947 - School reopened.

1952 - Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 - Women permitted to apply.

1963 - First three women graduate.

1970 - George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 - Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 - High Tech Law Institute formed.

1999 - SCU's Social Justice and Public Service law program started.

2000 - Northern California Innocence Project is formed.

2011 - Centennial year.

Source: Santa Clara University

Copyright © 2011 Alameda Times-Star. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

Return to Top



Santa Clara University law school marks centennial with graduation ceremony
05/21/2011
Oakland Tribune

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

* Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

* Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

* Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

* Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 - Law school founded.

1914 - First graduating class.

1926 - Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 - Accreditation by American Bar Association.

1942 - Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 - Law school closed for duration of the war

1947 - School reopened.

1952 - Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 - Women permitted to apply.

1963 - First three women graduate.

1970 - George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 - Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 - High Tech Law Institute formed.

1999 - SCU's Social Justice and Public Service law program started.

2000 - Northern California Innocence Project is formed.

2011 - Centennial year.

Source: Santa Clara University

Copyright © 2011 The Oakland Tribune. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

Return to Top



Santa Clara University law school marks centennial with graduation ceremony
05/21/2011
Argus, The

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

* Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

* Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

* Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

* Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 - Law school founded.

1914 - First graduating class.

1926 - Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 - Accreditation by American Bar Association.

1942 - Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 - Law school closed for duration of the war

1947 - School reopened.

1952 - Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 - Women permitted to apply.

1963 - First three women graduate.

1970 - George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 - Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 - High Tech Law Institute formed.

1999 - SCU's Social Justice and Public Service law program started.

2000 - Northern California Innocence Project is formed.

2011 - Centennial year.

Source: Santa Clara University

Copyright © 2011 The Argus. All rights reserved. Reproduced with the permission of Media NewsGroup, Inc. by NewsBank, Inc.

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Santa Clara University law school marks centennial with graduation ceremony
05/21/2011
San Mateo County Times

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

* Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

* Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

* Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

* Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 - Law school founded.

1914 - First graduating class.

1926 - Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 - Accreditation by American Bar Association.

1942 - Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 - Law school closed for duration of the war

1947 - School reopened.

1952 - Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 - Women permitted to apply.

1963 - First three women graduate.

1970 - George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 - Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 - High Tech Law Institute formed.

1999 - SCU's Social Justice and Public Service law program started.

2000 - Northern California Innocence Project is formed.

2011 - Centennial year.

Source: Santa Clara University

Copyright © 2011 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 law school marks centennial with graduation ceremony
05/21/2011
Contra Costa Times

Santa Clara University's School of Law sent 300 of its students into the world Saturday armed with new law degrees, encouraging them to become "the conscience of Silicon Valley" and the country.

"Be the conscience that our society needs," said the Rev. Paul J. Goda, an emeritus law professor, who delivered the opening invocation beneath a sunny California sky in the school's Mission Garden.

The Jesuit university's law school, which prides itself on its social justice and non-profit law focus as well as a more recent specialty in high tech, is celebrating its centennial year.

The Class of 2011 joins more than 11,000 other graduates who have received degrees from the school since its founding in 1911, noted Dean Donald J. Polden. The student's graduation gowns came with a special tassel to mark the anniversary, he said.

Next stop: the bar exam. And after that, a profession that as the commencement speaker, retired State Supreme Court Justice Carlos Moreno, observed, has vast potential for doing good and helping society's weak and vulnerable.

"You will be truly amazed at the impact you will be able to have with it," he said of the student's new degrees. "Your law degree will, I assure you, give you the power to insure access to justice for all," he said.

"Don't think for single moment that because you are one person, that you can't make a difference. You are one lawyer."

The school estimates that 58 percent of its graduates still live in the greater Bay Area. Many of them have gone on to prominence in public service or private practice.

Google's chief legal officer is an alumnus of the law school. Others hold key legal jobs at Charles Schwab, Safeway, Rambus, Oracle and eBay, and up north, Microsoft.

Other alumni are in top-tier positions in intellectual property practice in the valley.

A third of Santa Clara County's superior court judges are alumni, and about 220 graduates are judges throughout the country and elsewhere, according to the university.

Still others have risen to prominence on the national stage, including U.S. Rep. Zoe Lofgren, D-San Jose, who was at the commencement; and Leon Panetta, the former congressman, White House chief of staff, CIA director and now Defense Secretary-designate.

With these examples to focus their ambitions, a few graduates talked about their plans:

* Brittney Salvatore, 27, Napa. After taking the bar exam in July, she plans to spend four months in China and India "and a few other places," laying the groundwork for a non-profit. Her idea is to help large organizations such as universities connect their research to places that can use it best. "A lot of great ideas don't get implemented," she said, because they are simply tried in the wrong place. She did her undergraduate work at Santa Clara. "The Jesuit mentality really infiltrated," she said, "asking us to think outside the box, not to be the cookie-cutter attorney."

* Carlos Rosario, 28, Santa Clara. President of the student bar association, Rosario has lined up a job with a boutique San Jose intellectual property firm. "I always wanted to work around here, and I figured tech was the best way to go," he said. A Bellarmine alumnus with computer engineering degrees from the University of Southern California and UCLA , Rosario left a six-figure aerospace job in Southern California to study law. Political aspirations: "Maybe one day in the future."

* Jennifer McAllister, 43, San Jose. After 20 years in cosmetics, publishing and culinary work, the Chatham University graduate decided to return to school for a law degree. "I didn't want to sell cosmetic packaging all my life," she said; and after she served on a grand jury for a month, she was hooked. "The work that the district attorneys did was very interesting," she recalls. "I saw that they had to think for a living." She says her "dream job" would be working in transgender law, "but I'm pretty much prepared to take any work that comes my way" until then.

* Sarah Mercer, 34, Sacramento. Following a public policy and health advocacy career in the state capitol, Mercer said she realized she needed a law degree to makes sure the bills she'd worked to see passed into law actually were enforced. "Having public policy skills along with the legal skills, I can help the most vulnerable in our society," she said. Mercer said she will open the California Pan-Ethnic Health Network's Sacramento office.

Justice Moreno was presented with an honorary degree - his first from Santa Clara. He is a Stanford alum, noted retired state Supreme Court Chief Justice Ed Panelli in an introduction. "His GPS probably wasn't working when he applied to law school, and he ended 20 miles north instead of stopping here at Santa Clara," joked Panelli, a Santa Clara law graduate.

Panelli turned to Moreno and said his fellow former justice was being honored "because of your long outstanding commitment to the fair and efficient administration of justice and your leadership of the judiciary."

Contact Pete Carey at 408-920-5419.

Some notable SCU Law ALUMNI:

Former San Jose mayor (and former 49ers part-owner) Al Ruffo, '36

CIA Director Leon Panetta, '63

Former state Supreme Court chief judge Ed Panelli, '55

California Appeals Court associate justice (and former California State Senator) Charles Poochigian, '75

U.S. Rep. Zoe Lofgren, '75

Santa Clara County Assistant District Attorney Rolanda Pierre-Dixon, '80

Source: Santa Clara University

Key moments in the history of Santa Clara University School of Law:

1911 - Law school founded.

1914 - First graduating class.

1926 - Mission church burns, including 1,000 books from the nearby law library. No degrees conferred next two years.

1937 - Accreditation by American Bar Association.

1942 - Maseo Kanemoto receives his diploma and passes the bar while interned with other Japanese-Americans during World War II.

1943 - Law school closed for duration of the war

1947 - School reopened.

1952 - Aurelius "Reo" Miles becomes first African American to graduate from Santa Clara law.

1955 - Women permitted to apply.

1963 - First three women graduate.

1970 - George Alexander becomes dean, embarks on efforts to diversify the law school's student body.

1974 - Beginnings of Institute of International and Comparative Law, focusing on Asia.

1990 - High Tech Law Institute formed.

1999 - SCU's Social Justice and Public Service law program started.

2000 - Northern California Innocence Project is formed.

2011 - Centennial year.

Source: Santa Clara University

Copyright © 2011 Contra Costa Times.

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BRIEFS: Relay for Life, San Juan Oaks team up for benefit golf tournament | View Clip
05/20/2011
Hollister Free Lance

SPORTS > SPECIAL SECTIONS

HOLLISTER

The Hollister Relay for Life is teaming with San Juan Oaks to organize a benefit golf tournament and dinner for Kelly Freitas, who last year passed away due to breast cancer.

Kelly's husband is Manny Freitas, who is the Director of Golf for San Juan Oaks Golf Club.

The format will be a four-person scramble, and the tournament will have a "shotgun start" at 1 p.m. on Friday, July 15. A steak and chicken barbecue dinner buffet will be served to all golfers immediately following the tournament, and there will be a silent auction during dinner for a chance to bid on some fabulous items.

The cost for the golf tournament is $115 per player (fee includes green fees, cart, range balls, on course contests and dinner). The price of the dinner alone is $35 for adults, $15 for children 5-12.

All proceeds from the event will be donated to the American Cancer Society through the Hollister Relay For Life in Kelly's Freitas' name. Donations are tax deductible, and an IRS 501 (c)(3) number can be provided.

To help make this event a success, organizers are asking for players to play in the tournament and donations in the following areas:

-Donated items for the silent auction, including restaurant meals, hotel packages, golf-related items, etc.

-Tee and/or green sponsors at $100 each.

-Tee/green sponsors plus four dinner tickets at $200 each.

The names of all donors and sponsors will be prominently displayed at the tournament and dinner.

If you are interested in signing up for the tournament, contact Manny Freitas at San Juan Oaks at 831-636-6113, ext. 15, or by e-mail at: mfreitas@sanjuanoaks.com

For more information about the Kelly Freitas/Relay For Life Golf Tournament, contact Chuck Obeso-Bradley at 831-524-1331, or at: obesobradley@gmail.com

Salinas Valley Criterium Bicycle Race to be held in Salinas

The second annual Salinas Valley Criterium bicycle race will return to Salinas on Sunday, June 5.

The race will take place on the streets of the Moffett Industrial Park, next to Salinas Airport. There will be events for a wide range of ages and abilities. Spectator admission is free, and there are many good locations to watch the action.

For further information, call the race hotline at (831) 2-RACE (7223) or access the event website at: www.GrassRootsCycling.net

Memorial Bicycle Race returns to San Jose

The Burbank Memorial Omnium bicycle race will return to the Hellyer Park Velodrome in South San Jose on Friday, June 3.

The memorial race honors those who participated in competitive cycling at the Burbank Velodrome, formerly located in the Burbank District of San Jose. The race has been held since 1994.

The race will feature the legendary Musical Chairs Race and the Don Peterson Madison Team Race. Peterson was the race promoter who brought nighttime racing to the Hellyer Park Velodrome in 1981. He also coached many local riders to national championships, and was a champion rider in his own right.

For further information, call the race hotline at (831) 42-RACE (7223) or the race website at: www.GrassRootsCycling.net

Free Lance columnist to host backpacking class

Free Lance columnist Ron Erskine will be teaching a one-session class called "Backpacking for the Outdoor Enthusiast" through Gavilan Community Education on June 21.

Held at the Morgan Hill Community Center, this two and a half hour class will give you all the information you need to be comfortable and safe in the backcountry. The class will run from 6:30 to 9 p.m. on the Morgan Hill campus, adjacent to the Morgan Hill Community Center, in Room 10.

Cost is $35, plus $10 for material.

Register at www.GavilanCE.com (Click "courses," then under "Leisure," click "Outdoors.") or call (408) 852-2801.

Local lifters to raise funds for Baler Backers on Saturday

Gold's Gym is scheduled to host the Hollister Powerlifting Championships fundraiser, with all the proceeds raised going to the Baler Backers Athletic Organization, a 501 c(3) nonprofit that benefits the San Benito High School Athletic Department.

The event, which will include competitions in deadlift, bench press and squats, will be open to anyone ages 14 and up. It's a "raw" competition, meaning no gear will be allowed.

The event will be broken down into brackets between men and women and weight class, and will include divisions from the junior levels to the masters. Individuals can compete in one division or all three. Trophies will be awarded to first, second and third place in each division and weight class.

For teenagers, the preregistration entry fee is $20 for each event, $30 for each on the day of the event. For adults, the preregistration fee is $30 for each event, $40 for each on the day of the event.

Additionally, competition T-shirts are $15 during preregistration and $20 on the day of the event.

The event will be held Saturday, May 21, at Gold's Gym, and will start at 9 a.m. Weigh-ins will run from 6 to 8 a.m. There is a cover charge of $5, while kids 12 and under will be admitted for free.

Entry forms can be picked up at Gold's Gym in Hollister, located at 1525 Cushman Street.

The event is currently looking for sponsors.

For more information about the event, contact Ray Perez at 673-0101, or email at: BigRay942@hotmail.com

Northern California PGA Foundation accepting applications for scholarship

The Northern California PGA Foundation announced that it is now accepting applications for its Jim Langley Scholarship. Scholarships of $2,000 will be awarded to one male and one female student. Applicants must be graduating high school seniors residing within the boundaries of the NCPGA Section. Winners will be selected based on academic achievement, professional employment, community service, character and golf playing ability. The application submission deadline is June 1, 2011.

Through the NCPGA Scholarship Program, the Jim Langley Scholarship Fund is able to support and encourage continuing education by assisting students residing within the bounds of the NCPGA Section with post secondary schooling. Graduating high school seniors are provided with a means to achieve their dreams and promote the fundamental values that this great game has to offer.

The 2011 winners, Taylor Camany of Salinas and Nicholas Schafer of Rocklin, have used their scholarships to advance their education. Camany is majoring in Business at Santa Clara University and Schafer is pursuing a business/economics degree at The College of William and Mary.

Seahawks to hold 'early-bird' sign-ups on Sunday

The San Benito Seahawks Football and Cheer, a non-profit organization, is holding its last "Early Bird" registration on Sunday, May 22, from 1 to 4 p.m. at Safeway in Hollister, for ages 5 through 15.

It's the last chance to sign up with reduced fees. Teams are filling up, so be sure to save a spot for only a $25 deposit.

The Seahawks are also offering their football players and cheerleaders the chance to help pay all registration fees through fundraising for the 2011 fall season.

Practice starts July 25 at Gabilan Hills, while home games will be played at Anzar High School in San Juan Bautista.

Spots still open for Pop Warner football, cheer

The Hollister Vikings, Hollister's oldest youth football and cheer organization and the area's only Pop Warner organization, still has a few openings left for the 2011 season after registration day.

The primary teams still open are football teams for ages 12 and up, as well as one for younger boys aged 8 or 9 weighing less than 90 pounds.

Cheer teams are mostly full but there are a handful of spots left on the squads for 5- to 12-year olds, and there are many spots left for 13 and up.

Those interested in registering for either football or cheerleading may go to the Hollister Vikings' website at www.hollistervikings.com and click on the link to register. The site will provide some guidance as to which teams are still accepting new applicants, and a board member or coach will contact any new applicants within three days to confirm whether they have been placed on a team.

Hollister resident Renz graduates from Golf Academy of America in San Diego

Christian Renz of Hollister joined 73 fellow students from the Golf Academy of America (GAA) in San Diego to earn an associate degree in Golf Complex Operations and Management during graduation ceremonies on April 22. The San Diego golf school graduating class was composed of students from 19 states and four foreign countries including Canada, China, South Korea and Spain.

"These students put in a lot of hard work and all of them are now well prepared to step into golf career opportunities anywhere in the country," said Rich Iorio, campus director of the San Diego Golf Academy of America. "Our students are some of the best trained and most knowledgeable golf career professionals in the industry. When they leave Golf Academy of America, they are recognized as the future golf professionals who will lead this industry."

The GAA is the largest and longest-running two-year golf career college in the world and prepares graduates for a wide array of golf career opportunities in the $76 billion a year industry. Golf Academy of America is an accredited golf course management school offering a comprehensive curriculum of golf instruction and business management. The 16-month program balances classroom studies, practical experience and a comprehensive understanding of both the game and the business of golf.

The GAA boasts an exceptional career placement record for graduates for opportunities including: golf teaching professionals, tournament organizers, club managers and owners, golf manufacturing representatives, product development specialists and golf professionals at golf-related companies, among many other golf career options.

For more information about Golf Academy of America, go to www.GolfAcademy.edu, or call (800) 342-7342.

Follow Free Lance Sports on Twitter.

The Hollister Free Lance and The Weekend Pinnacle sports section is now on Twitter - @HollisterSports.

Find out the latest scores and news from all of the teams around San Benito County at: www.twitter.com/hollistersports

Free Lance Sports Staff

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Records of Assembly speaker as Cal grad went unchallenged | View Clip
05/20/2011
California Watch

When Rep. Hilda Solis inserted remarks in the Congressional Record praising Los Angeles activist John Perez as “an asset to the labor movement,” she was recounting the life story of a man who would later become California's Assembly speaker.

“After graduating from the University of California Berkeley, John began working on designing and organizing education programs,” Solis, then a Los Angeles congresswoman and now U.S. secretary of labor, wrote in 2004.

But the record is wrong: Perez dropped out of UC Berkeley and never returned.

Since his election, Perez has emerged as one of California's most powerful officials. He was elected Assembly speaker in 2009. As speaker, he is also an ex officio regent of the University of California. For a decade, Perez's designation as a UC Berkeley graduate went unchallenged in newspaper articles, biographies and public pronouncements – until after Perez won his first Assembly race in 2008.

His latest official biography says he attended UC Berkeley. But until 2008, biographies of Perez often said he had graduated from the prestigious public university, records show.

Over the years, three biographies distributed by the Los Angeles mayor's office when Perez was named to city commissions identified him as a graduate of UC Berkeley. So did a press release from the office of then-Gov. Gray Davis when Perez was named to a state elections board. These biographies are typically submitted by the subject of the press release or their aides.

After Perez's election, The Sacramento Bee described Perez as failing to graduate from college. But over the past decade, the state's biggest newspapers have all reported that Perez was a UC Berkeley graduate.

It was only after Perez was elected to office that he appears to have made efforts to correct the record.

Perez was busy with the state budget and unavailable to comment for this story, spokesman John Vigna said. “Our office has been very up-front about the fact that the speaker attended, but did not graduate from, UC Berkeley,” he said.

After Perez was elected speaker, Vigna said he had written a draft of an official biography including the claim that Perez had graduated from UC Berkeley. “He corrected me,” the spokesman said.

Vigna didn't explain why Perez's past biographies had contained the claim that he graduated from UC Berkeley, saying, “Anything I say would be speculation.”

Resume pumping by a public official is problematic, said Judy Nadler, an expert at Santa Clara University's Markkula Center for Applied Ethics. She spoke hypothetically and not about Perez's specific case.

“Once someone has failed to be truthful about themselves on an issue that is not gray but black and white, then the public has the right to question, ‘What else have you said that might not be true?' ” she said. “So the public trust is at risk.”

Richard Jarc, executive director of the Los Angeles-based Josephson Institute, which provides ethics training for business and government, said simply ceasing to make a false claim about one's educational background doesn't really right the wrong.

“The right way to handle it is to be honest about it” and “admit the error or mistake,” he said, also speaking hypothetically.

Perez grew up in Los Angeles and enrolled at UC Berkeley in 1987. He pursued a Chicano studies major, a university spokeswoman said. He was a “student activist,” Perez told the UC regents last year. The Daily Californian, the student newspaper, reported in 1990 that Perez had volunteered at the Raza Recruitment Center, which worked to increase Latino enrollment, and ran unsuccessfully for the campus office of student advocate.

In 1990, when the campus was roiled by a student strike aimed at boosting faculty diversity, Perez told NPR that he was one of the protest's organizers, according to an account of the broadcast in The Wayne Law Review legal journal.

University records show Perez left UC Berkeley in May 1990 without graduating, the spokeswoman said. A 2007 profile on the social networking site LinkedIn said Perez was at UC Berkeley from 1987 to 1991 – four years. Perez, who is gay, told Capitol Weekly last year that he came out at a campus meeting in 1991.

Perez left school “to deal with family and financial issues” and took a job with the painters union, spokesman Vigna said, relating a recent conversation Perez had with a Sacramento newspaper columnist.

His official biographies don't mention that job, saying that after college, Perez went to work for a political consulting firm, Diverse Strategies for Organizing. He was active in Democratic politics and became executive director for the United Food and Commercial Workers labor union's regional council.

In 1998, then-Mayor Richard Riordan appointed Perez to the city Human Relations Commission. Attached to Riordan's letter announcing the appointment was a biography of Perez on the union's letterhead. It said Perez studied sociology and ethnic studies at UC Berkeley. “After graduation, John returned to Southern California,” the biography said.

In 2002, Davis appointed Perez to the state Voting Modernization Board, which aids in upgrading vote-counting equipment. By then, Perez was political director for the food workers union's Los Angeles local.

“Mr. Perez earned a bachelor of science degree from the University of California, Berkeley,” the governor's press release said. As late as 2009, the voting board's website included a biography of Perez stating that he had graduated from UC Berkeley.

In 2005, Los Angeles Mayor Antonio Villaraigosa, who is Perez's cousin, appointed Perez to the city redevelopment commission. He reappointed Perez two years later. Attached to the mayor's letters announcing the appointments were identical biographies, each saying Perez had studied sociology and ethnic studies at UC Berkeley and had returned to Los Angeles “after graduation.” The same biography was posted on the city's website.

In 2007, Perez served on an expert panel for the Metropolitan Forum Project, a civic reform group. The project's website also described Perez as a UC Berkeley graduate.

In 2008, with Villaraigosa's backing, Perez ran for the Assembly in a downtown district where Democrats outnumber Republicans by two to one. Perez faced little scrutiny, recalled his Republican opponent, Manny Aldana. Perez's campaign biography made no mention of his educational background. Nor did the biography posted on his Assembly website after he was elected.

But both the 2008 and 2009 editions of the California Target Book political guide said Perez graduated from Cal with a degree in sociology and ethnic studies. Vigna, his spokesman, said Perez requested a correction.

In December 2009, when the rookie lawmaker emerged as a contender for speaker, news stories in the Los Angeles Times, the San Francisco Chronicle and The Sacramento Bee identified Perez as a UC Berkeley graduate. The Chronicle later corrected the error.

The website for Cal Alumni Pride, UC Berkeley's gay alumni organization, also reported Perez was a Cal graduate.

Then, in a Dec. 11 story reporting that Perez had won the speakership, the Sacramento Bee reported that Perez had attended UC Berkeley “but did not graduate.” Today, Perez's official biography says he “attended” the university.

The notion that Perez graduated from UC Berkeley persists. Last year, the gay civil rights organization Equality Forum selected Perez as an “icon” for its gay history month project. The biography posted on its website stated that Perez graduated from the university.

More recently, the issue arose during a hearing on a measure Perez has sponsored to disincorporate the tiny Los Angeles County city of Vernon.

“A person in opposition to the bill stated that the speaker was purporting to have graduated from Berkeley,” Vigna said. “The speaker did not respond to the accusation because, as I said, it's a matter of public record that he did not graduate, and he didn't feel the need to correct a record that has already been pretty thoroughly vetted.”

Freelance reporter Ashley Williams contributed to this story.

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» Union Apologist: 'Moral Obligation' Not To Terminate Teachers' Livelihood - Big Government | View Clip
05/20/2011
Big Government

...Jersey, Idaho, Illinois, Pennsylvania and Massachusetts, the unions seem to be on the run. They've done their best to negotiate compromises to fight another day. The progress that education reformers have made in undercutting traditional union positions is staggering. Ideals that have been the life blood of teachers unions - like seniority and tenure - are being outright abolished or severely weakened. In an effort to fight back, the unions are dispatching as many advocates and apologists as possible. Chavez-loving actor Danny Glover popped up in Indiana - of all places - to buck up unionized teachers. Michael Moore wowed the radicals with his Madison, Wisconsin speech. Perhaps the biggest apologist for unions - in fact she was the National Education Association's 2010 " The NEA often points out that Ravitch was an assistant secretary of education under President George H. W. Bush, as if that lends some credence to her criticism of Republican-led education reform. Ravitch has been racking up frequent flyer miles in her effort to dismiss the relevance of charter schools, performance pay and increased teacher accountability. Her fundamental message is that everything would be fine in K-12 education if government would simply raise taxes and send schools more money. Ravitch recently raised a point that underscores the union's main mission: looking out for the adults who staff American public schools. "A few months ago, I spoke at Santa Clara University in Santa Clara, California. It is a Catholic university, located on a beautiful campus. After my talk, a member of the faculty gave me a ride back to my hotel in San Francisco. He spoke about his long career in parochial education and why he had become a college professor, mentoring many Catholic schools in the region. At one point he had been the principal of an elementary school. I asked what he did about teachers who were not doing a good job, and he described the help and support he and others would provide. I asked what he thought of the current zeal to fire 'bad teachers.' He said something I will never forget. He said that we must remember that one has a moral obligation not to terminate someone's livelihood and career without long and hard deliberation; to do so, he said, required taking responsibility for ruining someone's life. We talked about the 'reformers' who are almost gleeful in their zeal to fire teachers. He thought that they failed to recognize the moral dimensions of leadership." (emphasis added) See, so if you believe a quality, effective teacher should be in front of every child in America, your priorities are all screwed up, according to Ravitch. Never mind the documented harm that occurs to children who receive substandard classroom instruction. Never mind the money and time squandered on individuals who are simply not cut out to be educators. We have a moral obligation to look out for the adults and "someone's...

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UFV news and notes: Preseason hoops tourney set for tip-off | View Clip
05/20/2011
BCLocalNews.com

The University of the Fraser Valley men's basketball program is launching an annual CIS-sanctioned preseason tourney.

The Honda Way/UFV Cascades Men's Basketball Tournament debuts this fall, Oct. 28-29. The inaugural event features the host Cascades, the University of Guelph Gryphons, the Thompson Rivers University WolfPack of Kamloops, and the Northwest University Eagles from Kirkland, Wash.

"It's going to be a very good quality of basketball early in the year," Cascades head coach Barnaby Craddock pointed out. "It's exciting to get the tradition started."

"I think it's huge," UFV centre Jasper Moedt echoed. "It's a great way to start the season off right, and get some notice nationally."

The tournament opens on Friday, Oct. 28, with TRU facing Northwest University (6 p.m.) and UFV vs. Guelph (8 p.m.). The following day, it's TRU vs. Guelph (6 p.m.) and UFV vs. Northwest (8 p.m.). All games are at the Envision Athletic Centre.

Pat Loehndorf, Honda Way general manager, said it was "a natural fit" for the dealership to come on board as tournament title sponsor.

"The university and the community are growing together, and we want to be a part of that," he said.

CASCADES TO HOST NCAA TEAMS

The Cascades basketball teams are also hosting a series of games against NCAA opponents in August and September.

The UFV men are playing a trio of teams from south of the border. NCAA Division I foes include the University of Texas at Arlington (Monday, Aug. 22) and Santa Clara University (Friday, Sept. 9). Craddock's squad is also hosting Whitman College, a Div. III squad from Walla Walla, Wash., on Friday, Aug. 26.

"The Santa Clara game, having Steve Nash's old school up here, is really exciting," Craddock said. "It's the first week students are back, so I think it'll be a really good atmosphere."

The UFV women's hoopsters host the University of Mississippi (Friday, Aug. 5) and the University of Louisville (Sunday, Aug. 14).

UFV WOMEN WIN BIG IN ANTIGUA

The Cascades women went 3-0 in exhibition play during a two-week trip to Antigua.

Last Thursday, May 12, the UFV squad defeated the Antigua Vipers 81-37. Alyssa Gaukel led the way with 21 points, while Sarah Wierks racked up 16 points and 10 rebounds.

The Cascades followed up with a 70-44 win over Antiguan AS on Tuesday. Tessa Klassen paced the UFV squad with 27 points and three steals, while Wierks notched her second straight double-double with 15 points and 10 boards.

The UFV women wrapped up the trip with a 60-32 victory over the Antigua Selects. Klassen and Courtney Bartel tied for team-high scoring honours with 12 points apiece.

The Cascades' trip to the Caribbean island is in conjunction with UFV kinesiology instructor Joanna Sheppard's course, ?€?Champions for Health Promoting Schools." UFV students work side-by-side with local educators to promote health education in innovative ways.

"The Antigua basketball federation and the people of Antigua have been tremendous hosts," Cascades coach Al Tuchscherer said via email. "The trip has been an unbelievable experience for our team; the people have completely embraced us, the island has so much history and beauty, and the basketball experience was something our team will never forget.?€?

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Giving Clients What They Need | View Clip
05/20/2011
AdvisorOne

Behavioral finance expert Meir Statman focuses on beating bad thinking.

Are there ways to prevent clients from acting on self-defeating impulses and faulty thinking? Look to the fascinating findings of behavioral finance.

Apart from higher returns, investors seek other payoffs: enhanced self-esteem, and feelings of hope and exuberance, for example. But this often leads to their making the wrong financial decisions. Similarly, they can be impeded by negative emotions such as fear and despair, and by cognitive errors, like overconfidence and hindsight.

In his new book, What Investors Really Want (McGraw-Hill), Meir Statman, Santa Clara University professor of finance and behavioral finance researcher, provides deep insight into just what drives investor decisions.

A consultant to money management companies and brokerages, such as Merrill Lynch and Russell Investments, Statman, 63, educates clients and helps design diversified portfolios.

Science is the route to smarter investing, says Statman, who's also a visiting professor at Tilburg University in the Netherlands. He urges FAs to deter clients from “the tempting voice of wants” — often prompting bad investment choices — and steer them instead toward “shoulds” — which mostly lead to smart choices.

Research recently interviewed Statman — recipient of two IMCA Journal awards, three Graham and Dodd awards and the Moskowitz Prize for best paper on socially responsible investing — to shed further light on how advisors can use the science of behavioral finance to build client trust and add value. Here are excerpts from our illuminating conversation:

Research: How can advisors save clients from themselves?

Statman: Clients are their own worst enemies. They come to advisors to tell them when to buy and when to sell, and what to buy and what to sell. But that's not what advisors can do — period. Advisors cannot beat the market. But they can prevent clients from doing really stupid things. If advisors have that kind of conversation with clients, both would benefit.

Do FAs, then, act in a parental role?

Yes. If investors cannot control themselves, the advisor has to be the one who provides control — with a gentle voice and a bit of humor: “You'll have to listen to me because a lack of self-control is going to do you in, and you'll regret acting with haste. I'm here to prevent that.” Clients will understand that the advisor isn't being a dictator but, rather, a parent. That's what fiduciary duty is about.

What's the best way for advisors to deal with clients' cognitive errors, that is, flawed thinking?

Present them with science: what we know from systematic studies and logic about investing.

What's a good strategy with clients who overestimate their investing skill and think they know more than the advisor?

Tell them, “Here's an advantage I have over you: I've already learned the lesson that I'm trying to teach you, which is that there are illusions, and they're common. For example, we remember our gains and forget our losses. I'm trying to teach you science so that you can make informed decisions.”

We know that people who try to beat the market are more [often] beaten by it. If a client thinks they can tell where the stock market will go in the coming week, ask them to keep a log, and then check it after 30 weeks.

How should advisors handle clients who want to trade often?

Scientific studies show that people who trade more, sacrifice returns and utilitarian benefits. If you show clients that trading actually reduces returns, maybe they'll stop!

But you write that advisors shouldn't tell investors to use reason vs. emotion. Don't emotions lead to cognitive errors?

Investors should be mindful of their emotions. But emotions in investing aren't always bad. Emotions reinforce learning rather than interfere with it. But you have to figure out when they get in your way.

Such as?

If a client is fearful, advisors can tell them: “Fear is a natural emotion; but in financial markets, fear and its evil twin, exuberance, are going to mislead you. We know from science that fear decreases risk tolerance and increases risk aversion.” Then the advisor can point out: “I counter this by reminding myself that [in a down market], the world isn't coming to an end. And when the time comes for real exuberance, I remind myself that the world isn't going to be all roses.”

What if [clients are] fearful because they think the market will plunge and want to sell their stocks?

Tell them: “How about if we do this with dollar-cost averaging and get out of the market over a period of two years? And suppose we arrange that there has to be at least 10 days between the time you make a decision to buy a stock and when we execute it so that you'll have a chance to cool off and reconsider? If it's such a bargain, it's likely to be a bargain in 10 days as well.”

What about anger? You write that angry people seek risk.

It's not for nothing that our mothers taught us to count to 10 before we open our mouths when we're angry — people who are angry are thoughtless. Anger is one emotion that drives investors to say, “I'm going to time the market”; that is, get out when stocks are high and get back when stocks are low.

When is taking risks generally a good thing?

It's important for financial advisors to tell clients who are still young that risk-taking isn't a luxury and that if they put all their money into Treasury bills, they're going to live on very little in retirement.

Let's say a client is feeling very sad, and this sadness is influencing her to make a bad investment decision?

Sadness causes people to want to get rid of investments. The advisor can refer to some of the studies in my book that support this. If people are sad and disgusted, and want out or want to do something rash, the advisor can delay it by saying, “Let's talk about it next time we meet. Let's give it some time because all of us are rattled by the market today.”

How should an advisor deal with clients who are overconfident about a specific investment they're intent on making?

Say to them: “If you want to buy emerging markets because it will diversify your portfolio, go ahead. If you want to buy emerging markets because you're confident they're sure to go up, stop.” The question to ask whenever you're buying is, “Who is the idiot on the other side of the trade? Is it possibly Goldman Sachs?” Also: “What do I know that isn't known that's going to give me an advantage relative to the person on the other side?”

TV broadcasters and their Wall Street guests get excited when the market goes up, leading viewers to believe that it must be the time to buy. What should FAs tell clients?

Individual investors tend to extrapolate from recent returns. If the market has been up, they think it will continue to do so; if it's down, they think it will continue to go down. But we know from systematic studies, including my own, that the relationship is just the opposite and that when investors are bullish, markets are more likely to go down.

What advice should the advisor give in the above TV scenario?

Say: “When you heard someone on television [recommending] to buy such-and-such stock, who do you think was also listening to the same program? Who is taking advantage of this before you have a chance to? It's possible that some people knew ahead of time that the person was going to say that and positioned themselves to profit from it.”

Please talk about the danger of hindsight.

Hindsight is most pernicious. If the client decides: “Don't buy stocks on Mondays or those whose names begin with ‘A,'” they're going to find that in hindsight, that rule worked or didn't work — and they'll think they found the rule, when in fact it was luck. Investment performance is so much luck and so little skill. People believe it's in the opposite proportion. This is something advisors have to educate investors about.

You write that it isn't wise to buy early into a revolutionary new industry. That's so counterintuitive!

Again, the fundamental question is: Who else knows what you know? You have to take into account how good the prospects are for the new industry. It might have wonderful prospects. But in all [probability] everybody knows that, and the price is likely to be too high. Advisors should provide clients with evidence that buying early wasn't a good idea with either the automobile or the Internet industries.

Still, many investors are looking for a thrill — the thrill of winning, of getting rich. Does the FA simply ignore that?

The advice that we academics provide feels like, “Eat spinach, never taste a cheesecake.” So advisors can say, “How about if we let you have 5 percent of your money to get thrills — just don't get thrills with money you'll need for retirement or your kids' education.” It's a matter of not prohibiting fun and games altogether, just that you need to have a balanced portfolio. As with a balanced meal, it cannot be all ice cream.

Financial advisors warn against mixing investments with patriotism, you point out. What's the harm?

We have evidence that people who are [very] patriotic are more likely to restrict their investments to those in their own country, or at least tilt that way. This is taking away the benefits of diversification. It's possible to persuade clients using logic: “If you want to show your patriotism, there are many ways that are useful and are actually going to do some good. You can volunteer at the Veterans [Administration] or make donations to organizations. But by concentrating your investments in the U.S., you're not going to add anything to any veteran.”

This approach of trying to keep clients from making mistakes isn't something that traditionally many, if not most, advisors have used.

If they haven't, it's about time! Some advisors are frustrated hedge fund managers. To them, clients are a nuisance — what they really like to do is pick stocks. Those advisors should quit the business. The role of the advisor is to advise, to guide, to help clients get to their financial goals.

That doesn't mean you have to be a certified psychiatrist; but you need to find what the client wants, consider whether it's reasonable to be achieved and show them how to get there — while all along the way, avoiding the problems of their misleading emotions and cognitive errors.

If advisors say, “That's not for me because I'm a numbers guy,” I tell them what I'd tell a physician who says he doesn't care about bedside manner: “You can be a pathologist!”

A final word for FAs?

Financial advisors are very much like the physicians who resist science. Such advisors just want to think about their work as art, when it's really science. They want to consider themselves painters, when in fact they should be more like technicians and good physicians — people who are on the frontier of financial knowledge but who also have a good bedside manner.

It's important for advisors to know that their job isn't just maximizing wealth but maximizing well-being at least as much, if not primarily.

Freelance Writer

Jane Wollman Rusoff is a New York-based freelance writer and contributing editor of Research. She is the founder of Family Star Productions.

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*Republican Block Obama Judicial Nominee | View Clip
05/20/2011
Wall Street Journal - Washington DC Bureau

Senate Republicans blocked law professor Goodwin Liu's appointment to a federal appeals court Thursday, when Democrats fell eight votes short of the 60 needed to end a filibuster.

Mr. Liu, whom liberal legal scholars saw as a rising star, proved more contentious than even President Barack Obama's Supreme Court nominees, as conservative groups mobilized to keep the Rhodes Scholar from joining the San Francisco-based Ninth U.S. Circuit Court of Appeals. Many observers have viewed the 40-year-old Mr. Liu, a former law clerk to Justice Ruth Bader Ginsburg, as a future Democratic Supreme Court candidate.

"Goodwin Liu would have brought sterling credentials, great intellect, and a compelling life story to the bench," White House spokesman Eric Schultz said after the vote. "Unfortunately his nomination today fell victim to persistent and serious misrepresentations of his record."

In a floor speech, Senate Minority Leader Mitch McConnell (R., Ky.) called Mr. Liu "a left-wing ideologue who views the role of a judge not as that of an impartial arbiter, but as someone who views the bench as a position of power."

Mr. Liu declined to comment after the vote.

One Republican, Sen. Lisa Murkowski of Alaska, joined Democrats in voting to break the filibuster. One Democrat, Nebraska Sen. Ben Nelson, voted with Republicans to sustain it.

Mr. Liu has written extensively on social issues including affirmative action, school desegregation and welfare. He has been highly critical of some decisions of the Supreme Court's conservative majority, particularly a 2007 ruling that barred local school boards from adopting integration plans that consider race in pupil assignments.

The Liu nomination became an ideological flash point because, unlike most Obama nominees, the University of California, Berkeley professor has visibly campaigned to revive liberal approaches to jurisprudence, which have been under conservative assault since the Nixon administration.

Mr. Liu co-wrote a 2008 book, "Keeping Faith with the Constitution," intended to offer a liberal alternative to conservative approaches to legal interpretation. He is a past board chairman of the American Constitution Society, a network of scholars, students and practitioners that liberals established as a counterpoint to the conservative Federalist Society.

While Republican administrations often have looked for judicial nominees with academic pedigrees to promote conservative legal views, Democrats have concentrated on diversifying the bench with women and minority candidates.

Mr. Liu, born in Georgia to Taiwanese immigrants, was "in some ways more like the nominations that have been characteristic of Republican presidents, who have over the years nominated a ton of star professors from law schools," said Doug Kendall, president of the liberal Constitutional Accountability Center. "He is one of the few brilliant and young progressives that President Obama has nominated to the bench."

Edward Whelan, president of the conservative Ethics and Public Policy Center, conceded that Mr. Liu is "a very talented fellow," but said "he embraces a freewheeling constitutional approach" that approves of such practices as affirmative action and same-sex marriage.

Moreover, Mr. Whelan said, Republicans were offended at the vocal stand Mr. Liu took against the Supreme Court nominations of Chief Justice John Roberts and Justice Samuel Alito.

"There's a price to pay for his own misconduct," Mr. Whelan said.

It was unclear Thursday whether the Obama administration would persist with Mr. Liu's nomination—as the Bush administration did, sometimes successfully, when Democrats filibustered some of its most prized judicial nominees.

Political observers said the Liu filibuster is likely to be a talking point when Democrats raise funds and campaign among Asian-American voters.

"This will affect campaign contributions, there's no doubt about that," said James Lai, a political science professor at Santa Clara University.

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Michelle Chappel leaves academia for music | View Clip
05/19/2011
San Jose Mercury News - Online

Michelle Chappel

There are a few generally accepted qualifications for the position of singer/songwriter, starting with the ability to carry a tune and perhaps play three chords on an instrument. A doctorate in psychology from Princeton University definitely doesn't make the shortlist, though it hasn't hampered Michelle Chappel's creative pursuits.

After years of teaching at Santa Clara University and UC Santa Cruz, Chappel decided to give up the classroom to focus on her budding career as a performer.

She used to see her life as an academic and her calling as an artist as separate realms, but she's come to believe that her interest in how the human mind works has everything to do with her passion for writing emotionally uplifting lyrics set to catchy melodies.

"I realized that I'm all-of-the-above, not either/or," says Chappel from her home near Willow Glen. "I'm still a teacher and psychologist, and I want to help people figure out who they are, though I've learned not to write every single song with inspirational messages. You've got to mix it up."

A deft guitarist and dynamic singer with a big brassy sound, Chappel marks the release of her album "Shake It Up" at Mission City Coffee Roasting Company in Santa Clara on Friday with Jack van Breen on lead guitar and Juanita Harris on backup vocals. Twangy Santa Cruz singer-songwriter Michael Gaither plays the opening set. She plays also Don Quixote's on June 26.

Still very much a work in

progress, Chappel continues to refine her rock-pop sound and message. She included several new pieces on the album, her fifth CD, but also culled the strongest material from her four previous releases. She's found avid audiences in South Africa and the United Kingdom, and "Shake It Up" is part of her campaign to land a record contract in Australia. If folks Down Under can use some bucking up, Chappel is the woman for the job, though the Aussies might not know what hit them.

"My dream is to write a song that's a big radio hit with a positive message that will subliminally help people who don't think they want to make a breakthrough," she says. "That would be so cool. I don't think people are hearing songs with those messages."

Born and raised in Smyrna, Ga., Chappel fell into music on the rebound. In the midst of working on her doctorate, she split up with her fiance and decided that it would be best to take her new boyfriend search off campus. Figuring a beginner's guitar class offered intriguing possibilities, she was greeted by a room full of nuns when she arrived at the first session. Instead of finding a man, she soon discovered that she had a good voice -- much to her surprise.

"The teacher had us play and sing as a group, and after a while he looked around and said, 'Who does that voice belong to?' " Chappel recalls. "I was looking around, too."

She fell in love with songwriting, but when she landed her first job as a professor at the New College in Sarasota, Fla., Chappel threw herself into teaching and research and pushed any thoughts of pursuing music far to the back of her mind. Another relationship, with a man she ended up marrying, brought music back to the foreground.

Looking to establish her creative credentials with her future husband, a writer and artist from South Africa, she recorded a cassette of songs. His response was that music suited her better than psychology. It was years before she took his advice, but he helped her make the switch by becoming her manager and suggesting they spend time in his homeland to break into a smaller market.

"I had a lot of songs picked up in Los Angeles, but no one did anything with them," says Chappel, who worked extensively with the West Coast Songwriters organization. "He said, 'Let's record a CD and go to South Africa. It's a small country, and it's a lot easier to make contacts.'

"I ended up getting a lot of radio play and had a No. 9 hit over there, 'Strange Kind of Love,' with a music video and everything."

She moved to Santa Cruz in the early 1990s and became a highly regarded professor while also working on her music. Every few years, she'd drop out of academia to focus on songwriting and performing, but would end up returning to teaching for financial stability. These days, in addition to leading her own band, she's working as a consultant for TiVo, while holding personal growth "Let Your True Light Shine" workshops, "Igniting Innovation" business seminars, and performing regularly at interfaith congregations (next up: May 29 at Unity Community Church of San Jose).

"She's this tiny person, and she has this huge voice," says Diane Dreher, author of several self-help books and Santa Clara University English professor.

"In her music, she's extending her psychology training, reaching out to help people explore their lives and dreams. Her music is beautiful. The beat and the sound are really compelling, and underneath all that, the lyrics really reach people."

Michelle Chappel

When: 7:30 p.m. Friday

Where: Mission City Coffee Roasting Co., 2221 The Alameda, Santa Clara

Tickets: $10, 408-261-2221, www.missioncitysc.com

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US inquiry of Google on drug ads | View Clip
05/19/2011
Herald-Journal - Online

Federal regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the “potential resolution of an investigation by the United States Department of Justice into the use of Google advertising by certain advertisers,” but gave no details.

The United States attorney's office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine and the Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed there was a continuing investigation. Jim Martin, a spokesman for the United States attorney's office in Rhode Island, said, “We neither confirm or deny the existence of an investigation.”

Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as “an ongoing, escalating cat-and-mouse game.”

In February 2010, Google changed its AdWords policy to accept ads only from pharmacies certified by the National Association Boards of Pharmacy in the United States or the Canadian International Pharmacy Association. Previously, Google had accepted ads verified by a company called PharmacyChecker.com.

In September 2010, Google filed a civil lawsuit in federal court against pharmaceutical advertisers that it believed had broken its advertising rules.

“Rogue pharmacies are bad for our users, for legitimate online pharmacies and for the entire e-commerce industry — so we are going to keep investing time and money to stop these kinds of harmful practices,” Mr. Zwibelman wrote in a company blog post at the time.

It is unclear why the investigation and penalty are coming now, after Google's cleanup efforts.

Google said the $500 million charge reduced its net income last quarter by 22 percent, to $1.8 billion from $2.3 billion. “We believe it will not have a material adverse effect on our business,” the company said in the S.E.C. filing.

The investigation is Google's latest run-in with regulators, who have also been investigating the company on, and in some cases penalizing it for, antitrust issues and privacy violations.

Gabriel Levitt, vice president of PharmacyChecker.com, said that Google's measures to crack down on rogue pharmacy ads went too far, preventing people from getting drugs they needed.

But critics of online pharmacies say that Google and other Web sites feed the business.

“It's very hard to police these sites because they change every couple of days,” said Joseph A. Califano Jr., founder of the National Center on Addiction and Substance Abuse at Columbia University. “The only things that keeps them in business are the Googles of the world.”

The focus of the investigation was first reported by The Wall Street Journal on its Web site.

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Fix your Money Mistakes: Market timing | View Clip
05/19/2011
Yahoo! Xtra Business

During the stock market's wild ride, mutual fund investors went off the rails.

From mid-2008 through March 2009, when the S&P 500 fell 36%, they pulled $250 billion out of equity funds.

Then, as stocks churned out a 63% gain through the end of 2010, investors stayed shy.

It wasn't until early this year, with the S&P 500 up nearly 100% from its 2009 low, that savers regained an appetite for stocks.

"Bailing in 2008 was the first mistake, but now many are compounding it by coming back in when the market is much higher," says financial adviser Frank Armstrong of Investor Solutions in Coconut Grove, Fla.

If you too ran at the sight of failing stock prices, you're not alone. In MONEY's survey of advisers, 44% pointed to "fleeing stocks when the market craters" as a top mistake.

Right behind it was "flocking to the latest top-performing investments," which helps to explain why bonds got all the love after trouncing stocks in 2008 and tech stocks were wildly popular in 1999, the year they rose 86%. 'My biggest money mistake'

How it costs you:

Buying and selling at the wrong time is sure to erode your earnings over time. As stock funds eked out an annualized 1.6% return for the 10 years through 2009, the typical fund investor managed just a 0.22% gain, according to Morningstar.

On a $100,000 investment, that's $15,000 less in your pocket. Indeed, as the graphic above shows, holding your ground during the financial crisis paid off. By continuing to invest every month, you would have done far better than if you'd bailed out of stocks after prices started to fall.

Why you do it:

The sting of a loss beats the joy of a win: Your instinct to dump stocks during a bear market is entirely natural. In fact, researchers have quantified your pain: An investment loss packs twice the emotional punch of a gain.

Among retirees, a loss has 10 times the impact of a profit. One look at your brutal 2008 year-end brokerage account statement made staying the course excruciatingly hard.

You're stuck in the moment: Also to blame is what experts call recency bias -- once it starts to rain, you assume the sun will never shine again.

"We are always extrapolating that recent past events are what will happen in the future," says Meir Statman, a finance professor at Santa Clara University and author of "What Investors Really Want."

The more intense the experience, the longer its impact lingers. Sure enough, the fear you felt a few years ago is hard to shake. "When we're afraid," says Minneapolis financial planner Ross Levin, president of Accredited Investors, "we are more prone to behave in ways that aren't in our self-interest."

How to fix it:

You should invest differently for short-term and long-term aims. So segregate the money you need in the next few years from money for a far-off goal, says Carlo Panaccione, a wealth manager at Navigation Group in Redwood City, Calif.

"The biggest mistake I see right now is people treating all their money as short term," he says. "There's no way you reach your long-term goals with everything invested for the short term."

Map out an emotion-free comeback. If you retreated during the bear market, don't compound the problem by reinvesting all your cash just as stocks are looking pricey again.

Levin recommends this two-pronged system: Space out monthly investments over the next 12 to 18 months. Plus, anytime stock prices fall more than 3% to 5%, commit to putting more money to work. At today's prices, that's roughly a 400- to 600-point drop in the Dow.

Ban yourself from your portfolio. If you can't overcome your tendency to overreact, automate. By signing up for your 401(k) or 403(b), you're already doing that. Set up the same system to transfer money automatically from checking to your brokerage and fund accounts.

Hire a designated driver. If you still can't ban emotions, rely on a financial pro who can. "Paying someone 1% a year to keep you from making 1.5% worth of mistakes can make a lot of sense," says Statman. Have a money question? Ask The Help Desk

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Fix your Money Mistakes: Market timing | View Clip
05/19/2011
Yahoo! Finance Australia

During the stock market's wild ride, mutual fund investors went off the rails.

From mid-2008 through March 2009, when the S&P 500 fell 36%, they pulled $250 billion out of equity funds.

Then, as stocks churned out a 63% gain through the end of 2010, investors stayed shy.

It wasn't until early this year, with the S&P 500 up nearly 100% from its 2009 low, that savers regained an appetite for stocks.

"Bailing in 2008 was the first mistake, but now many are compounding it by coming back in when the market is much higher," says financial adviser Frank Armstrong of Investor Solutions in Coconut Grove, Fla.

If you too ran at the sight of failing stock prices, you're not alone. In MONEY's survey of advisers, 44% pointed to "fleeing stocks when the market craters" as a top mistake.

Right behind it was "flocking to the latest top-performing investments," which helps to explain why bonds got all the love after trouncing stocks in 2008 and tech stocks were wildly popular in 1999, the year they rose 86%. 'My biggest money mistake'

How it costs you:

Buying and selling at the wrong time is sure to erode your earnings over time. As stock funds eked out an annualized 1.6% return for the 10 years through 2009, the typical fund investor managed just a 0.22% gain, according to Morningstar.

On a $100,000 investment, that's $15,000 less in your pocket. Indeed, as the graphic above shows, holding your ground during the financial crisis paid off. By continuing to invest every month, you would have done far better than if you'd bailed out of stocks after prices started to fall.

Why you do it:

The sting of a loss beats the joy of a win: Your instinct to dump stocks during a bear market is entirely natural. In fact, researchers have quantified your pain: An investment loss packs twice the emotional punch of a gain.

Among retirees, a loss has 10 times the impact of a profit. One look at your brutal 2008 year-end brokerage account statement made staying the course excruciatingly hard.

You're stuck in the moment: Also to blame is what experts call recency bias -- once it starts to rain, you assume the sun will never shine again.

"We are always extrapolating that recent past events are what will happen in the future," says Meir Statman, a finance professor at Santa Clara University and author of "What Investors Really Want."

The more intense the experience, the longer its impact lingers. Sure enough, the fear you felt a few years ago is hard to shake. "When we're afraid," says Minneapolis financial planner Ross Levin, president of Accredited Investors, "we are more prone to behave in ways that aren't in our self-interest."

How to fix it:

You should invest differently for short-term and long-term aims. So segregate the money you need in the next few years from money for a far-off goal, says Carlo Panaccione, a wealth manager at Navigation Group in Redwood City, Calif.

"The biggest mistake I see right now is people treating all their money as short term," he says. "There's no way you reach your long-term goals with everything invested for the short term."

Map out an emotion-free comeback. If you retreated during the bear market, don't compound the problem by reinvesting all your cash just as stocks are looking pricey again.

Levin recommends this two-pronged system: Space out monthly investments over the next 12 to 18 months. Plus, anytime stock prices fall more than 3% to 5%, commit to putting more money to work. At today's prices, that's roughly a 400- to 600-point drop in the Dow.

Ban yourself from your portfolio. If you can't overcome your tendency to overreact, automate. By signing up for your 401(k) or 403(b), you're already doing that. Set up the same system to transfer money automatically from checking to your brokerage and fund accounts.

Hire a designated driver. If you still can't ban emotions, rely on a financial pro who can. "Paying someone 1% a year to keep you from making 1.5% worth of mistakes can make a lot of sense," says Statman. Have a money question? Ask The Help Desk

Post a comment

Copyright © 2010 Cable News Network and Time Inc. and their affiliated companies. All Rights Reserved.

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Fix your Money Mistakes: Market timing | View Clip
05/19/2011
Yahoo! Canada

During the stock market's wild ride, mutual fund investors went off the rails.

From mid-2008 through March 2009, when the S&P 500 fell 36%, they pulled $250 billion out of equity funds.

Then, as stocks churned out a 63% gain through the end of 2010, investors stayed shy.

It wasn't until early this year, with the S&P 500 up nearly 100% from its 2009 low, that savers regained an appetite for stocks.

"Bailing in 2008 was the first mistake, but now many are compounding it by coming back in when the market is much higher," says financial adviser Frank Armstrong of Investor Solutions in Coconut Grove, Fla.

If you too ran at the sight of failing stock prices, you're not alone. In MONEY's survey of advisers, 44% pointed to "fleeing stocks when the market craters" as a top mistake.

Right behind it was "flocking to the latest top-performing investments," which helps to explain why bonds got all the love after trouncing stocks in 2008 and tech stocks were wildly popular in 1999, the year they rose 86%. 'My biggest money mistake'

How it costs you:

Buying and selling at the wrong time is sure to erode your earnings over time. As stock funds eked out an annualized 1.6% return for the 10 years through 2009, the typical fund investor managed just a 0.22% gain, according to Morningstar.

On a $100,000 investment, that's $15,000 less in your pocket. Indeed, as the graphic above shows, holding your ground during the financial crisis paid off. By continuing to invest every month, you would have done far better than if you'd bailed out of stocks after prices started to fall.

Why you do it:

The sting of a loss beats the joy of a win: Your instinct to dump stocks during a bear market is entirely natural. In fact, researchers have quantified your pain: An investment loss packs twice the emotional punch of a gain.

Among retirees, a loss has 10 times the impact of a profit. One look at your brutal 2008 year-end brokerage account statement made staying the course excruciatingly hard.

You're stuck in the moment: Also to blame is what experts call recency bias -- once it starts to rain, you assume the sun will never shine again.

"We are always extrapolating that recent past events are what will happen in the future," says Meir Statman, a finance professor at Santa Clara University and author of "What Investors Really Want."

The more intense the experience, the longer its impact lingers. Sure enough, the fear you felt a few years ago is hard to shake. "When we're afraid," says Minneapolis financial planner Ross Levin, president of Accredited Investors, "we are more prone to behave in ways that aren't in our self-interest."

How to fix it:

You should invest differently for short-term and long-term aims. So segregate the money you need in the next few years from money for a far-off goal, says Carlo Panaccione, a wealth manager at Navigation Group in Redwood City, Calif.

"The biggest mistake I see right now is people treating all their money as short term," he says. "There's no way you reach your long-term goals with everything invested for the short term."

Map out an emotion-free comeback. If you retreated during the bear market, don't compound the problem by reinvesting all your cash just as stocks are looking pricey again.

Levin recommends this two-pronged system: Space out monthly investments over the next 12 to 18 months. Plus, anytime stock prices fall more than 3% to 5%, commit to putting more money to work. At today's prices, that's roughly a 400- to 600-point drop in the Dow.

Ban yourself from your portfolio. If you can't overcome your tendency to overreact, automate. By signing up for your 401(k) or 403(b), you're already doing that. Set up the same system to transfer money automatically from checking to your brokerage and fund accounts.

Hire a designated driver. If you still can't ban emotions, rely on a financial pro who can. "Paying someone 1% a year to keep you from making 1.5% worth of mistakes can make a lot of sense," says Statman. Have a money question? Ask The Help Desk

Post a comment

Copyright © 2010 Cable News Network and Time Inc. and their affiliated companies. All Rights Reserved.

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Records of Assembly Speaker as Cal grad went unchallenged | View Clip
05/19/2011
KXTV-TV - Online

Assembly Speaker John Perez, D-Los Angeles

Written by Posted by News10 Staff

SACRAMENTO, CA - When Rep. Hilda Solis inserted remarks in the Congressional Record praising Los Angeles activist John Perez as "an asset to the labor movement," she was recounting the life story of a man who would later become California's Assembly speaker.

"After graduating from the University of California Berkeley, John began working on designing and organizing education programs," Solis, then a Los Angeles congresswoman and now U.S. secretary of labor, wrote in 2004.

But the record is wrong: Perez dropped out of UC Berkeley and never returned.

Since his election, Perez has emerged as one of California's most powerful officials. He was elected Assembly speaker in 2009. As speaker, he is also an ex officio regent of the University of California. For a decade, Perez's designation as a UC Berkeley graduate went unchallenged in newspaper articles, biographies and public pronouncements - until after Perez won his first Assembly race in 2008.

His latest official biography says he attended UC Berkeley. But until 2008, biographies of Perez often said he had graduated from the prestigious public university, records show.

Over the years, three biographies distributed by the Los Angeles mayor's office when Perez was named to city commissions identified him as a graduate of UC Berkeley. So did a press release from the office of then-Gov. Gray Davis when Perez was named to a state elections board. These biographies are typically submitted by the subject of the press release or their aides.

After Perez's election, The Sacramento Bee described Perez as failing to graduate from college. But over the past decade, the state's biggest newspapers have all reported that Perez was a UC Berkeley graduate.

It was only after Perez was elected to office that he appears to have made efforts to correct the record.

Perez was busy with the state budget and unavailable to comment for this story, spokesman John Vigna said. "Our office has been very up-front about the fact that the speaker attended, but did not graduate from, UC Berkeley," he said.

After Perez was elected speaker, Vigna said he had written a draft of an official biography including the claim that Perez had graduated from UC Berkeley. "He corrected me," the spokesman said.

Vigna didn't explain why Perez's past biographies had contained the claim that he graduated from UC Berkeley, saying, "Anything I say would be speculation."

Resume pumping by a public official is problematic, said Judy Nadler, an expert at Santa Clara University's Markkula Center for Applied Ethics. She spoke hypothetically and not about Perez's specific case.

"Once someone has failed to be truthful about themselves on an issue that is not gray but black and white, then the public has the right to question, 'What else have you said that might not be true?' " she said. "So the public trust is at risk."

Richard Jarc, executive director of the Los Angeles-based Josephson Institute, which provides ethics training for business and government, said simply ceasing to make a false claim about one's educational background doesn't really right the wrong.

"The right way to handle it is to be honest about it" and "admit the error or mistake," he said, also speaking hypothetically.

Perez grew up in Los Angeles and enrolled at UC Berkeley in 1987. He pursued a Chicano studies major, a university spokeswoman said. He was a "student activist," Perez told the UC regents last year. The Daily Californian, the student newspaper, reported in 1990 that Perez had volunteered at the Raza Recruitment Center, which worked to increase Latino enrollment, and ran unsuccessfully for the campus office of student advocate.

In 1990, when the campus was roiled by a student strike aimed at boosting faculty diversity, Perez told NPR that he was one of the protest's organizers, according to an account of the broadcast in The Wayne Law Review legal journal.

University records show Perez left UC Berkeley in May 1990 without graduating, the spokeswoman said. A 2007 profile on the social networking site LinkedIn said Perez was at UC Berkeley from 1987 to 1991 - four years. Perez, who is gay, told Capitol Weekly last year that he came out at a campus meeting in 1991.

Perez left school "to deal with family and financial issues" and took a job with the painters union, spokesman Vigna said, relating a recent conversation Perez had with a Sacramento newspaper columnist.

His official biographies don't mention that job, saying that after college, Perez went to work for a political consulting firm, Diverse Strategies for Organizing. He was active in Democratic politics and became executive director for the United Food and Commercial Workers labor union's regional council.

In 1998, then-Mayor Richard Riordan appointed Perez to the city Human Relations Commission. Attached to Riordan's letter announcing the appointment was a biography of Perez on the union's letterhead. It said Perez studied sociology and ethnic studies at UC Berkeley. "After graduation, John returned to Southern California," the biography said.

In 2002, Davis appointed Perez to the state Voting Modernization Board, which aids in upgrading vote-counting equipment. By then, Perez was political director for the food workers union's Los Angeles local.

"Mr. Perez earned a bachelor of science degree from the University of California, Berkeley," the governor's press release said. As late as 2009, the voting board's website included a biography of Perez stating that he had graduated from UC Berkeley.

In 2005, Los Angeles Mayor Antonio Villaraigosa, who is Perez's cousin, appointed Perez to the city redevelopment commission. He reappointed Perez two years later. Attached to the mayor's letters announcing the appointments were identical biographies, each saying Perez had studied sociology and ethnic studies at UC Berkeley and had returned to Los Angeles "after graduation." The same biography was posted on the city's website.

In 2007, Perez served on an expert panel for the Metropolitan Forum Project, a civic reform group. The project's website also described Perez as a UC Berkeley graduate.

In 2008, with Villaraigosa's backing, Perez ran for the Assembly in a downtown district where Democrats outnumber Republicans by two to one. Perez faced little scrutiny, recalled his Republican opponent, Manny Aldana. Perez's campaign biography made no mention of his educational background. Nor did the biography posted on his Assembly website after he was elected.

But both the 2008 and 2009 editions of the California Target Book political guide said Perez graduated from Cal with a degree in sociology and ethnic studies. Vigna, his spokesman, said Perez requested a correction.

In December 2009, when the rookie lawmaker emerged as a contender for speaker, news stories in the Los Angeles Times, the San Francisco Chronicle and The Sacramento Bee identified Perez as a UC Berkeley graduate. The Chronicle later corrected the error.

The website for Cal Alumni Pride, UC Berkeley's gay alumni organization, also reported Perez was a Cal graduate.

Then, in a Dec. 11 story reporting that Perez had won the speakership, the Sacramento Bee reported that Perez had attended UC Berkeley "but did not graduate." Today, Perez's official biography says he "attended" the university.

The notion that Perez graduated from UC Berkeley persists. Last year, the gay civil rights organization Equality Forum selected Perez as an "icon" for its gay history month project. The biography posted on its website stated that Perez graduated from the university.

More recently, the issue arose during a hearing on a measure Perez has sponsored to disincorporate the tiny Los Angeles County city of Vernon.

"A person in opposition to the bill stated that the speaker was purporting to have graduated from Berkeley," Vigna said. "The speaker did not respond to the accusation because, as I said, it's a matter of public record that he did not graduate, and he didn't feel the need to correct a record that has already been pretty thoroughly vetted."

Lance Williams

Caifornia Watch

Freelance reporter Ashley Williams contributed to this story.

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Young cancer patients enjoy Courageous Kids Day at Great America | View Clip
05/19/2011
San Jose Mercury News - Online

Photo by Tony Medina. Ten year old Jordan Bachant shows off her Sponge Bob face paint at the "Courageous Kids" event held at Great America on Mother's Day.

A trip to California's Great America is a treat for any child, but for more than 500 families from throughout the state, a recent visit to the park was more than just an average day in the park for a special group of children.

Mother's Day, May 8, marked the 22nd annual Courageous Kids Day at Great America. The American Cancer Society event is a free day of fun for young cancer patients and their families.

The idea was conceived in 1989 when Saratoga resident Gay Crawford witnessed children's cancer firsthand.

"I was working at KNTV, and my manager's son was diagnosed with leukemia," Crawford said. "I realized that we didn't have many services for children with cancer."

She got together with friends and colleagues and came up with the idea for a picnic at Great America. Crawford, a two-time cancer survivor herself, said the main components and the spirit of the event have remained fairly unchanged since its start.

Each year, about 560 children and their entire families are all provided free tickets to the park and lunch at the picnic grounds, plus a variety of activities arranged just for them. The kids and their families come to the park from all over California, and in past years even a few out-of-state families have made the trip here for the event. In total, more than 2,000 cancer patients and their parents, siblings, grandparents and friends attended this year.

Some were experiencing Courageous

Kids Day for the first time, while others were returning for a second or third visit. And though the weather was a bit cooler than organizers had hoped, many of the young patients' faces were glowing.

San Jose resident Thay Khov brought his 6-year-old daughter Kaitlyn Nguyen and her best friend, 8-year-old Kayli Hong. Kaitlyn is being treated for neuroblastoma, a tumor that develops from nerve tissue in children and infants, at Kaiser Santa Clara and Khov said he heard about Courageous Kids from a social worker.

"I did not expect it to be this nice," Khov said of his first impression of the event. "It's amazing."

The two girls sat side by side coloring in butterflies for the Courageous Kids quilt project. Los Gatos resident Clareen Dunivan helped coordinate this year's quilting activity, as she has done for the past six years.

Dunivan said she and a team of five Los Gatos women will take all the decorated squares and turn them into two one-of-a-kind quilts.

"Then we present them to the American Cancer Society and they save them for big fundraisers," Dunivan said. "In past years they've brought in anywhere from $2,000 to $5,000."

Decorating a quilting square was just one of the activities that kids could choose from inside the picnic grounds. There was face painting, tether ball, sand castle building, arts and crafts, a bean bag toss and a bubble machine available throughout the day.

Photos with some local celebrities were also a popular attraction. Several retired NFL players were on hand to meet with kids and their families, and so were some members of Santa Clara University men's basketball team, former U.S. women's national soccer team member Brandi Chastain and some local pageant queens.

Chastain, a San Jose native, said this was her first time at Courageous Kids Day.

"I didn't know how big it was going to be," she said. The mother of a 4-year-old added that she feels for each family.

"It's hard to imagine your children having cancer," she said.

Chastain said she has had family and friends battle cancer, and that meeting all the kids at the event was a great experience.

"They're all so unique. One little one came up and told me that her favorite sport is soccer," she said.

More than 200 volunteers and the generosity of the amusement park management helped make the recent Courageous Kids Day possible. Crawford said it would not happen without Great America donating all of the tickets, and that the park also provided lunch for all the attendees for free as well.

She also said she couldn't find enough words to express her gratitude to one family of volunteers in particular. Los Gatos resident Bob Steinfeld and his family have been involved with Courageous Kids since nearly the beginning.

"Our son was diagnosed with brain tumors at age 1," Steinfeld said. He and his wife, their young son and their older daughter attended the event as guests for two years.

"It's a day you can forget about cancer, and you realize there's a lot of other people dealing with it," Steinfeld said. "Sometimes when you're in the middle of it, you feel singled out. But we met some other families here that we stayed in touch with for years."

Steinfeld's son died from his illness, but one year later the family returned to volunteer at the event that once gave them so much joy. Steinfeld acts as the logistics chairman for the day, arriving at 7 a.m. to help set up and leaving around 4:30 p.m. after teardown.

His wife was painting faces at the recent event, and their now 24-year-old daughter was helping out as well. The Steinfelds' 16-year-old son, a Saratoga High School student, was assisting kids in the sand castle building area.

"This is a family event," Steinfeld said. "The biggest thing people walk away with is the memories."

Families also left the event with some tangible items. Every courageous kid received a drawstring bag full of goodies like silly bands and a Frisbee, and each got a hat when they entered the picnic grounds.

Los Gatos resident Francesca Rudé helped coordinate the fundraising to pay for the hats this year.

"When I first moved into the Rinconada Hills community, I thought that we needed to have some sort of charitable event," she said, adding that her committee first raised funds to donate to the Make a Wish Foundation.When she heard about Courageous Kids Day she liked the idea of assisting with a local event.

"We've probably donated close to $170,000 over the years," she said. "I think it's probably one of the most rewarding things I do all year."

Rudé added that having her family volunteer alongside her also makes the event memorable.

"My family has been joining me from the beginning. If my kids want to celebrate Mother's Day with mom, they know this is what they need to do. It's a tradition now," she said. "Not only are my three daughters involved, but their spouses and their children are involved.

"I was inspired by my grandchildren this year," she added. "They're starting to understand."

Sung Kang and Jieun Youn agreed that the family-focused event is a great way to celebrate Mother's Day. Their 9-year-old son Joseph was celebrating his fifth year in remission from Burkitt lymphoma, a fast-growing cancer of the lymphoid tissue, and this was the Santa Clara family's third trip to the Courageous Kids event, which they said holds a special meaning for them.

"In daily life, you forget about it," Kang said of his family's past experience with cancer. "But you come here and you remember."

Youn donned a flowered pin marked "Courageous Mother," which was handed to every mom at the event upon entry.

Palo Alto resident Heather Thomas said the event provides some relief for busy moms.

"It's a nice break for Mother's Day and a great opportunity for the kids to have fun," she said.

Thomas and her family were at Courageous Kids for the fourth time, and her 8-year-old daughter Paige said her favorite part of the event is the hula hoop contest. The girl was beaming after winning this year's contest.

She and her family had more to smile about than just that, though. Paige, who originally attended Courageous Kids as an acute lymphocytic leukemia patient, a cancer of the bone marrow and blood, has been off treatment for 18 months now.

And that's truly something to smile about.

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A missionary's task requires both sacrifice and support | View Clip
05/19/2011
St. Louis Review

A symbol used by the Maryknoll Mission Association of the Faithful is a Resurrection cross made by Salvadorans. It comes with a Scripture quote: “What is good has been explained to you; this is what Yahweh asks of you, only this: to act justly, to love tenderly and to walk humbly with your God” (Micah 6:8).

To go in faith and spread the love of Jesus is a missionary's task, but it can be done only with the sacrifice and support of many Catholics.

That message was stressed at the annual appreciation dinner for moderators and group leaders of the Daily Worldmissionnaires, a unique program in the archdiocese of daily prayer and sacrifice to aid the work of missionaries throughout the world. The event included a celebration of the 100th anniversary the Maryknoll movement, a U.S.-based Catholic foreign mission effort.

Fittingly, the 2011 Archbishop Fulton J. Sheen Award was presented to Msgr. David A. Ratermann, a longtime missionary in the archdiocese's Latin America Apostolate who worked alongside Maryknoll missionaries and has family ties to the Maryknoll Missioners.

Maryknoll Father Thomas Henehan, who has served in missions in Guatemala, Chile and Bolivia, spoke about the support, especially from St. Louisans. "They've nourished us in Maryknoll, and hopefully we've nourished them. As Pope Benedict has said, the Church is missionary by its very nature. We pass on what we have received ourselves."

Father Henehan noted that Msgr. Ratermann, "Padre David," has made "a tremendous contribution" and noted that the archdiocesan priest and his siblings, Maryknoll Father George Ratermann and Sister Joan Ratermann, and niece, lay missioner Mary Coonan, worked with "the marginalized and poorest of the poor."

The Maryknoll Fathers and Brothers is an overseas mission outreach of the Church in the United States that serves the poor and others in need in 27 countries. Maryknoll was founded as the Catholic Foreign Mission Society of America in 1911. During its first 100 years, The Maryknoll Society has witnessed to the Gospel in Asia, Africa and Latin America, along with mission education within the United States.

Molly Rogers of Boston gathered a group of women who became the first Maryknoll Sisters of St. Dominic, arriving in Hong Kong in 1921. In the mid 1970s, the Maryknoll Lay Missioners were organized. Today there are more than 800 Maryknoll priests, brothers, sisters and lay missioners serving around the world. The Maryknoll Affiliates foster mission in their home communities.

Forty-six Maryknoll priests and sisters from the St. Louis Archdiocese have served in the missions, with about half of them active today. Eight Maryknoll lay missioners have been from St. Louis, with two currently serving outside the United States.

A Maryknoll priest from St. Louis, Father Otto Rauschenbach, was martyred in 1945 in China. He remained in the hills with his parishioners rather than flee during the final months of Japanese occupation and was slain by bandits in the lawlessness that followed.

Maryknoll Sister Ellen McDonald, who has served in Panama and Bolivia, stressed a need for partnerships. She talked of an elderly indigenous woman in Peru who said after receiving assistance that "now we stand up straight." The reason she is able to do that, Sister Ellen said, is because of "those who sent us and supported us."

Without realizing it, she said, God has been transforming Maryknoll missionaries "for a very different world than the one when we were formed," which enables them to meet the needs of a second century of mission.

Sam Stanton, who served as a lay missioner in Chile and now is executive director of Maryknoll Lay Missioners, said more than 600 Catholic laity have served in more than 29 countries in stints of three and a half years. They serve as anchors for people taking part in short-term programs, he noted.

He pointed to two St. Louisans as examples: Vicki Simon of St. Monica Parish who was in Kenya and Timothy Morris, a Chaminade and Santa Clara University graduate from Incarnate Word Parish, who is in El Salvador working in a mission among poor coffee growers.

"Let us all continue to commit our lives to the spirit of and tremendous need for the healing words of Jesus Christ," Stanton said.

Msgr. Ratermann said it was providential that his family members entered missionary work. Maryknoll was formed because the United States, which had been served by clergy from Europe, became self-sufficient, he said.

He joined two other priests as the first missionaries in the archdiocese's mission to South America. "My involvement in mission is like everything else — the definition of a baptized Christian. And my life has been enriched tremendously. I have been blessed," he said.

He noted that the archdiocese has been joined in its work in Latin America at times by the Sisters of the Most Precious Blood, Sisters of Loretto, Sisters of St. Mary (now Franciscan Sisters of Mary) and laypeople.

After serving 52 years there, he returned to St. Louis and faced some adjustment. But, he said, "It's been a wonderful life and still is."

He lives at a retirement residence for archdiocesan priests. He noted he indeed is "a father for all kinds of people," as he has become involved in writing to people in prison, serving in priestly ministry and enjoying being relieved of the headaches of administrative work. "Get yourself retired as soon as you can," he said with a laugh.

Looking back, he added, "the providence of God has been with me moment after moment, especially in difficult times."

He praised the people who support the missions, and he said all people who reach out to others are being missionary, doing what Jesus wants them to do.

For more information, see maryknoll.org. Also see maryknollaffiliates.org and friendsacrossborders.org.

The Maryknoll movement

• Founded in 1953 to spread knowledge of the Society for the Propagation of the Faith

• Members combine prayer, almsgiving and self-denial each day to help sustain missionaries around the worldand to provide food, clothing, medicine and other necessities for the needy.

To learn more, attend a dinner at 6:15 p.m. Wednesday, June 1, at Pio's Restaurant, 403 First Capitol Drive in St. Charles. Reservations are required by Friday, May 27. Call Linda at (314) 792-7660. For more information call Linda or see stlmissions.org.

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Wellness study finds split in rich and poor | View Clip
05/19/2011
Daily Breeze - Online

HEALTH STUDIES

The South Bay, much like the rest of California, is starkly divided into the "haves" and the "have-nots," a new report released this week shows.

Residents in the 36th and 46th Congressional districts - encompassing the affluent Palos Verdes Peninsula, the beach cities, Torrance, El Segundo and Marina del Rey - enjoy good health, are far more educated and have among the highest income levels in the state.

By contrast, a mere 5 percent of residents in the neighboring 35th and 37th districts - Hawthorne, Carson, Inglewood, Gardena, Lawndale and the LAX area - have attained a graduate-level degree. These areas also have among the highest rates of uninsured residents and the lowest median incomes.

"(Higher income) cities have more well-being and access to opportunity as a whole," said Sarah Burd-Sharps, co-director of the American Human Development Project, author of the report. "We're not talking about happiness."

The California Human Development Report, released Wednesday, compiles a range of government data from the most recent U.S. census, along with health, education and earnings data, to formulate an index of well-being for each of California's congressional districts and major metropolitan areas.

What it found were vast differences in wellness across the Golden State - from a "Shangri-La" of high-tech entrepreneurs in Silicon Valley to a "Forsaken Five Percent" who live in poor neighborhoods in Los Angeles and the Central

Valley and have been bypassed by the digital economy.

The data show stark disparities among racial groups and geographical areas.

In the 35th District, composed of mostly black and Latino residents, the Human Development Index is 4.45 on a scale of 1 to 10. In the 46th District, where mostly white and Asian people live, the index is 7.17.

By comparison, the statewide index is 5.46, and the Los Angeles region (including Orange County) is 5.52. In the Los Angeles region, the range is dramatic: Newport-Laguna Hills ranks the highest at 8.88, while the Watts area of Los Angeles ranks the lowest at 1.91.

Given the current budgetary decisions being made in Sacramento, "There could be no better time for this nonpartisan, fact-based tool to break down the silos, look at who is thriving and who is merely surviving," said Kristen Lewis, co-director of the American Human Development Project based in New York.

The California report findings include:

Life expectancy for all Californians is 80.1 years, higher than the national average of 78.6 years. The highest life expectancy is in Newport/

Laguna Hills at 88.1 years, and the lowest is in the Watts area at 72.8 years.

Nearly 44 percent of Latino adults in the state do not have a high-school degree, almost triple the state average.

The top earners in the state live in the Santa Clara-Cupertino-Saratoga area, bringing in $73,000 a year in median personal income. The highest earners in the South Bay live in the 46th District, which includes the Palos Verdes Peninsula and Orange County, bringing in $37,694 a year, compared with residents in the Carson-Long Beach area, where the median income is $24,118 annually.

Latino women earn the least amount of any group, just $18,000 a year on average, which is comparable to the average wage in America in the 1960s.

Brianne Gilbert, a senior research associate at the Center for the Study of Los Angeles at Loyola Marymount University, said the human development study is useful in gauging quality of life.

A recent center study on leadership in Los Angeles also employed education and health criteria.

"My heart goes out to the people in the areas on the lowest end of the spectrum," Gilbert said. "What can we do to make their lives better? How do we allow people better access to education, health care and jobs?"

melissa.evans@dailybreeze.com

Staff writer Dana Bartholomew contributed to this article.

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Pro & Con
05/19/2011
Atlanta Journal-Constitution

Yes.

Projects put Americans to work and stimulate growth along the way.

By AlexanderJ. Field

Would high-speed rail spending add jobs in the United States? Of course.

Even if some of the rolling stock for the trains were imported, structures and other permanent way would still have to be built in the United States. Under current conditions, any government spending -- for rails, for bridges, for highways, for the military -- would contribute to job creation.

Fears that government spending might displace or crowd out private-sector capital formation would be justified were we at or close to capacity. But we are not.

The unemployment rate remains near 9 percent, and this doesn't account for those who, discouraged, have simply left the workforce.

Even more telling is the ratio of employment to population, which has fallen from its all-time high of over 64 percent in 1999 to 58 percent today. In spite of large "supply side" tax cuts tilted toward the wealthy, the record of the George W. Bush presidency on job creation was in fact quite poor.

For a variety of reasons, including the recent financial crisis, the U.S. economy remains in a serious slump. High-speed rail spending could stimulate job growth and help jump start the economy.

These projects would, of course, add to the deficit and concerns about its long term growth, particularly that attributable to health care, are merited.

Looking back over the past three decades, however, Republicans' interests in deficit reduction seems to have waxed and waned depending upon who occupied the White House.

The deficit ballooned under Bush, due largely to tax cuts but also to increases in military spending and a new unfunded prescription drug benefit. The resulting run-up in the debt was regrettable, but the time to cut government spending is when the economy is strong, not when it is weak.

If the country is going to incur new debt, it is better to do so to acquire well-chosen infrastructure and equipment than to fund consumption.

Would high-speed rail represent well-chosen infrastructure? In other words, would it help the U.S. "win the future"? This is a more complex question. It requires us to consider not simply whether such projects would help close the output gap, but whether and how effectively they would expand the potential output of the economy.

Here there are legitimate concerns about whether the U.S. has enough high density corridors -- such as that between Boston and Washington -- to yield large benefits.

And building in dense areas can be costly. For example, the proposed Los Angeles to San Francisco route would go right through my backyard in Palo Alto, Calif., and the extent to which that part of the route will or will not be put underground has become a contentious political issue.

That said, state and federal governments have a long and largely successful record of supporting infrastructure development, from the Erie Canal to regional and transcontinental railroads to the Interstate Highway System and, more recently, to the Internet.

The build-out of the surface road network during the Great Depression generated large private-sector benefits, contributing to very fast productivity growth in transportation -- railroads and trucking -- as well as in wholesale and retail distribution.

High-speed rail projects could certainly create jobs and stimulate the economy in the short run. Whether they would generate benefits similar to those of other government funded infrastructure projects is uncertain. History suggests, however, that there's a good chance they would.

Alexander J. Field is a professor of economics at Santa Clara University and the author of"A Great Leap Forward: 1930s Depression and U.S. Economic Growth."

No.

Projects would benefit foreign companies, take too long, cost too much.

By Amy Ridenour

An astute journalist in the 20th century once defined public relations as "organized lying."

Indeed, some of Washington's largest and most ruthless public relations firms are spearheading the effort to revive rail, and no wonder.

Billions of taxpayer dollars are on the table and likely to be picked up by foreign companies like Canada's Bombardier and Germany's Siemens.

Unfortunately, the money they'll pocket will come from American taxpayers at a time of record federal deficits and depressingly high unemployment.

Tea party members who consider President Barack Obama to be the ultimate spender had that view reinforced when he pledged in his State of the Union address that 80 percent of Americans will have access to bullet trains in a mere 25 years.

A few weeks later, Vice President Joe Biden, one of the few politicians who regularly rides Amtrak, proposed spending $53 billion to get high-speed rail on track.

The Obama administration already has set aside more than $10 billion for super fast rail projects, but many of its partners in state governments are dubious.

Newly elected Wisconsin Republican Gov. Scott Walker rejected $810 million for a line between Madison and Milwaukee, noting that motorists already can drive the 79-mile route on state freeways in just over an hour. Walker campaigned against the project last fall.

Walker's GOP counterpart in Ohio, former U.S. House Budget Committee Chairman John Kasich, also campaigned against a $400-million federal grant that would have created a high-speed passenger service between Cleveland, Columbus and Cincinnati, his state's three largest cities, wryly observing that its top speed of 79 miles per hour was far too slow to attract many passengers.

Even California, where free-spending politicians have long dreamed of an 800-mile super-line from San Francisco to San Diego, is having second thoughts.

Sober-minded legislators in Sacramento are beginning to ask how a state staring at a $28 billion deficit by the fall of 2012 can afford to shell out $43 billion for a train where a one-way ticket would cost more than $200 or nearly four times the ticket for an air flight.

Complicating matters, the California fast line ironically has attracted the wrath of normally green San Francisco Bay area residents, who are worried about property values, and Central Valley farmers, who are concerned about crop damage.

The only area in the United States with enough population to make high-speed rail feasible is the Northeast Corridor spanning Washington to Boston, where Amtrak's Acela Express now achieves top speeds of 150 miles, but averages a slow-motion 70 miles per hour because it must share track with other trains.

Acquiring enough land through eminent domain actions and constructing the high-tech rails needed for a Northeast high-speed rail line likely would be prohibitively expensive.

Amtrak's current estimate -- which many experts consider a decidedly low-ball one -- says it would take 25 years and cost $117 billion.

Unfortunately, Biden, Transportation Secretary Ray LaHood and other Obama higher-ups still view rail travel through a 1950 lens of nostalgia, when one could enjoy the overnight luxury of the 20th Century Limited -- leaving Grand Central Station in the evening and disembarking the next morning in downtown Chicago.

Those days -- like Alfred Hitchcock, who had Cary Grant and Eva-Marie Saint do just that in his 1959 thriller "North by Northwest" -- are long gone.

Amy Ridenour is president and chairman of the National Center for Public Policy Research in Washington, D.C.

Copyright © 2011 The Atlanta Journal-Constitution

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Records of Assembly speaker as Berkeley graduate long went unchallenged | View Clip
05/19/2011
Bakersfield Californian - Online, The

When Rep. Hilda Solis inserted remarks in the Congressional Record praising Los Angeles activist John A. Perez as "an asset to the labor movement," she was recounting the life story of a man who would later become California's Assembly speaker.

"After graduating from the University of California, Berkeley, John began working on designing and organizing education programs," Solis, then a Los Angeles congresswoman and now U.S. secretary of labor, wrote in 2004.

But the record is wrong: Perez dropped out of UC Berkeley and never returned.

For a decade, Perez's designation as a UC Berkeley graduate went unchallenged in newspaper articles, biographies and public pronouncements -- until after Perez won his first Assembly race in 2008.

Since his election, Perez has emerged as one of California's most powerful officials. He was elected Assembly speaker in 2009. As speaker, he is also an ex-officio regent of the University of California.

His latest official biography says he attended UC Berkeley. But until 2008, biographies of Perez often said he had graduated from the prestigious public university, records show.

Over the years, three biographies distributed by the Los Angeles mayor's office when Perez was named to city commissions identified him as a graduate of UC Berkeley. So did a press release from the office of then-Gov. Gray Davis when Perez was named to a state elections board. These biographies are typically submitted by the subject of the press release or their aides.

After Perez's election, The Sacramento Bee described Perez as failing to graduate from college. But over the past decade, the state's biggest newspapers have all reported that Perez was a UC Berkeley graduate.

It was only after Perez was elected to office that he appears to have made efforts to correct the record.

Perez was busy with the state budget and unavailable to comment for this story, spokesman John Vigna said. "Our office has been very up front about the fact that the speaker attended, but did not graduate from, UC Berkeley," he said.

After Perez was elected speaker, Vigna said he had written a draft of an official biography including the claim that Perez had graduated from UC Berkeley. "He corrected me," the spokesman said.

Vigna didn't explain why Perez's past biographies had contained the claim that he graduated from UC Berkeley, saying, "Anything I say would be speculation."

Resume pumping by a public official is problematic, said Judy Nadler, an expert at Santa Clara University's Markkula Center for Applied Ethics. She spoke hypothetically and not about Perez's specific case.

"Once someone has failed to be truthful about themselves on an issue that is not gray but black and white, then the public has the right to question, 'What else have you said that might not be true?'" she said. "So the public trust is at risk."

Richard Jarc, executive director of the Los Angeles-based Josephson Institute, which provides ethics training for business and government, said simply ceasing to make a false claim about one's educational background doesn't really right the wrong.

"The right way to handle it is to be honest about it" and "admit the error or mistake," he said, also speaking hypothetically.

Perez grew up in Los Angeles and enrolled at UC Berkeley in 1987. He pursued a Chicano studies major, a university spokeswoman said. He was a "student activist," Perez told the UC regents last year.

The Daily Californian, the student newspaper, reported in 1990 that Perez had volunteered at the Raza Recruitment Center, which worked to increase Latino enrollment, and ran unsuccessfully for the campus office of student advocate.

In 1990, when the campus was roiled by a student strike aimed at boosting faculty diversity, Perez told NPR that he was one of the protest's organizers, according to an account of the broadcast in The Wayne Law Review legal journal.

University records show Perez left UC Berkeley in May 1990 without graduating, the spokeswoman said. A 2007 profile on the social networking site LinkedIn said Perez was at UC Berkeley from 1987 to 1991 -- four years. Perez, who is gay, told Capitol Weekly last year that he came out at a campus meeting in 1991.

Perez left school "to deal with family and financial issues" and took a job with the painters union, spokesman Vigna said, relating a recent conversation Perez had with a Sacramento newspaper columnist.

His official biographies don't mention that job, saying that after college, Perez went to work for a political consulting firm, Diverse Strategies for Organizing. He was active in Democratic politics and became executive director for the United Food and Commercial Workers labor union's regional council.

In 1998, then-Mayor Richard Riordan appointed Perez to the city Human Relations Commission. Attached to Riordan's letter announcing the appointment was a biography of Perez on the union's letterhead. It said Perez studied sociology and ethnic studies at UC Berkeley. "After graduation, John returned to Southern California," the biography said.

In 2002, Davis appointed Perez to the state Voting Modernization Board, which aids in upgrading vote-counting equipment. By then, Perez was political director for the food workers union's Los Angeles local.

"Mr. Perez earned a bachelor of science degree from the University of California, Berkeley," the governor's press release said. As late as 2009, the voting board's website included a biography of Perez stating that he had graduated from UC Berkeley.

In 2005, Los Angeles Mayor Antonio Villaraigosa, who is Perez's cousin, appointed Perez to the city redevelopment commission. He reappointed Perez two years later. Attached to the mayor's letters announcing the appointments were identical biographies, each saying Perez had studied sociology and ethnic studies at UC Berkeley and had returned to Los Angeles "after graduation." The same biography was posted on the city's website.

In 2007, Perez served on an expert panel for the Metropolitan Forum Project, a civic reform group. The project's website also described Perez as a UC Berkeley graduate.

In 2008, with Villaraigosa's backing, Perez ran for the Assembly in a downtown district where Democrats outnumber Republicans by two to one. Perez faced little scrutiny, recalled his Republican opponent, Manny Aldana. Perez's campaign biography made no mention of his educational background. Nor did the biography posted on his Assembly website after he was elected.

But both the 2008 and 2009 editions of the California Target Book political guide said Perez graduated from Cal with a degree in sociology and ethnic studies. Vigna, his spokesman, said Perez requested a correction.

In December 2009, when the rookie lawmaker emerged as a contender for speaker, news stories in the Los Angeles Times, the San Francisco Chronicle and The Sacramento Bee identified Perez as a UC Berkeley graduate.

So did the website for Cal Alumni Pride, UC Berkeley's gay alumni organization.

Then, in a Dec. 11 story reporting that Perez had won the speakership, the Sacramento Bee reported that Perez had attended UC Berkeley "but did not graduate." Today, Perez's official biography says he "attended" the university.

The notion that Perez graduated from UC Berkeley persists. Last year, the gay civil rights organization Equality Forum selected Perez as an "icon" for its gay history month project. The biography posted on its website stated that Perez graduated from the university.

More recently, the issue arose during a hearing on a measure Perez has sponsored to disincorporate the tiny Los Angeles County city of Vernon.

"A person in opposition to the bill stated that the speaker was purporting to have graduated from Berkeley," Vigna said. "The speaker did not respond to the accusation because, as I said, it's a matter of public record that he did not graduate, and he didn't feel the need to correct a record that has already been pretty thoroughly vetted."

Freelance reporter Ashley Williams contributed to this story. It was edited by Robert Salladay.

California Watch, the state's largest investigative reporting team, is part of the independent, nonprofit Center for Investigative Reporting. www.californiawatch.org Contact the reporter at lwilliams@californiawatch.org.

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Cummins announces retirement | View Clip
05/18/2011
Morgan Hill Times

Letters: With President Obama's spending, deficit is likely to get worse

Public education is 'the last best hope'

> LOCAL

Live Oak athletic director and baseball manager Mark Cummins sits in his office next to a wall covered in team photos starting in 1986.

MORGAN HILL

As a senior infielder at Santa Clara University in 1984, Mark Cummins had the privilege of playing most of his final games in front of his late father, Larry, who took the year off from coaching at Monterey Peninsula College.

Cummins felt it was "one of the most special things" a father could do. So much that he vowed to do the same for his sons if they played for a four-year college.

Always a man of his word, the legendary Live Oak manager will pass that tradition along next season with his second-oldest son, Matthew, completing his college career at San Francisco State University. Cummins' break from coaching will be much longer than his father's.

After 27 years, 450-plus wins, 22 Central Coast Section playoff appearances, 12 league titles and a CCS championship won with the Acorns in 2008, Cummins stepped down Thursday following Live Oak's season-ending 3-1 loss at Leland.

Cummins, 49, announced his resignation Wednesday, though, players and assistant coaches were made aware of it at the team's annual Alumni Game held April 23.

"It's been in the thought process for a while now, at least a couple years," said Cummins, who took over the Live Oak varsity program in 1986 after his second and final year with Santa Clara High School. "I wanted to get to 25 years (with Live Oak) ... that quarter-century mark. That meant a little bit. Everything just kind of aligned this year with Matthew being a senior next year at San Francisco State and Kyle (Luscher, his stepson) graduating here.

"It's been a long haul, 27 years raking fields on the weekends and coaching and all the little things. It's a lot of time. I'd like to relax a little bit."

Cummins' semi-retirement -- he is still the school's athletic director and would like to coach the Live Oak boys golf team next year -- put an end to speculation that has surrounded his future for some time. He was the Acorns' longest tenured coach behind Mack Haines of the water polo and swim programs.

"We always kind of wondered, 'Is this his last year?'" senior catcher/pitcher Cody Van Aken said. "But we were never really sure until he confirmed it. We just tried to win as much as we could for him."

Live Oak finished 8-18 (5-16 in Mount Hamilton Division play) and missed the playoffs for the second time in 19 years -- a rare blemish to one of the winningest baseball coaching careers in CCS history.

But it was never about winning to Cummins.

"The most rewarding part by far is just the relationships that you have with the players," he said." During the season, it's one thing. But it's even more gratifying when you see them later on in life, and you see them become so successful, and you think, 'I hope I had a little of something to do with that.'"

Cummins reiterated that when asked if the Acorns' 2008 CCS title, an elusive milestone he reached with Matthew starting at pitcher and shortstop as a senior, affected his decision to step down.

"The championships are nice and everything, especially after coming so close to winning CCS all those years," Cummins said. "But the biggest thing was instilling those relationships. We're coaching baseball, but we're also coaching a lot of things in life."

Players took heed to Cummins' lessons, which centered on the team's motto: pride, believe and respect. That "pride" covered every aspect of the game; whether it was legging out a lazy pop fly or making sure your home field and uniforms always looked their best.

Cummins led by example. The affable Monterey native was clean-shaven during the season and spent countless hours doubling as the head groundskeeper at Sarich Field.

"There was a level of accountability he instilled in you that I certainly carried over into my professional life," said 1998 Live Oak alumnus Adam Ferguson, 31, an all-league shortstop-turned lawyer.

"My senior year, we had a really bad game, made a lot of errors, dropped pop flies, awful game. And after the game, we did infield and outfield practice until it was pitch dark. There was just that level of accountability. If you have a bad game, don't complain about it. Work on it at practice."

Cummins had an uncanny ability to balance hard work and fun, which made him easy for players to get along with.

"Playing for him has been the best part of these last four years. He taught me everything," senior pitcher Rich Martinez said.

"When I was little, I just remember coming to games and watching with (Luscher) up near the scoreboard and thinking someday (I'm) going to play in these games, too, for Coach Cummins. I always looked forward to that."

Cummins' impression on Morgan Hill extended to Pony Baseball, which he coached in the summer for many years.

"I knew him as an icon even before I came here and became friends with him," said 2003-10 Sobrato manager Shorty Gutierrez, now an assistant coach at Mission College under Mike Perez, Cummins' predecessor. "To win so many league titles and be so involved with the school; I think he created a huge impact by just being involved and showing interest in the kids in every fashion -- in the classroom, as the AD.

"He was the coach in Morgan Hill. His teams were always prepared and ready to play."

A successor was determined in the past five years, with Cummins grooming C.J. Goularte, his 28-year-old pitching coach and a 2001 Live Oak graduate, to take over when Cummins decided it was time.

Goularte is not nervous about taking over.

"I have that anxious feeling of becoming a head coach," Goularte said. "But Mark has prepared me for everything, has prepared me for this step. ... He's done so much in getting me ready to be a manger.

"It's been a great experience. He's a consummate mentor. He has given me the freedom to try new things -- and actually knew the better way to do it, but he still let me figure it out on my own."

Goularte took the lead in giving Cummins a proper going-away present at the Alumni Game. Goularte and several former players raised enough money to send Cummins on an all-expenses-paid first trip to the National Baseball Hall of Fame in Cooperstown, N.Y., for induction weekend in July.

Cummins wept.

"A guy who's had a hall of fame career should deserve to go to the Hall of Fame," Goularte said.

Scott J. Adams

Scott J. Adams is sports editor of the Morgan Hill Times and covers sports for South Valley Newspapers. Send him an Call him at (408) 779-4106, extension 203. Follow him on Twitter.

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Jesuit School of Theology of Santa Clara University doubly honored | View Clip
05/18/2011
National Catholic Reporter Online

Eduardo Fernandez (Photo by Harold F. Baquet of Loyola University of the SouthThe Jesuit School of Theology of Santa Clara University and faculty member Jesuit Father Eduardo Fernandez will be honored by the Academy of Catholic Hispanic Theologians (ACHTUS).

One award, the ACHTUS award, goes to an organization or institution singled out for contributions to theology in keeping with the mission of the academy; the other, the Virgilio Elizondro award, named after Notre Dame professor of pastoral and Hispanic theology and Jesuit School of Theology of Santa Clara board member, is given to a person singled out “for distinguished achievement in theology, in keeping with the mission of the academy.

The awards will be given out at the ACHTUS's annual colloquium next month in San Jose, CA.

Jesuit Father Kevin Burke, dean of the Jesuit School of Theology of Santa Clara University, said in an email he was particularly proud of the awards as they recognize steps taken at the theology school to mentor promising Latino/Latina scholars. He said the awards in particular recognize efforts at Santa Clara's Hispanic Institute to help form the next generation of Latino/Latina pastoral agents.

“In addition, we have been blessed to host a growing number of Jesuit scholastics from Mexico and Latin America who are completing their priestly formation or further theological studies with us,” Burke said.

Work of the Institute was featured last September in NCR.

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Meir Statman, Leavey School of Business: The Extended 2011 IA 25 Profile | View Clip
05/18/2011
AdvisorOne

The Glenn Klimek Professor of Finance calls behavioral finance 'finance with normal people in it'

This is an extended version of the profile that appeared in the May issue ofInvestment Advisor, part of AdvisorOne's Special Report profiling this year's members of the IA 25, the most influential people in and around the advisor universe. See the complete list and Special Report schedule for extended profiles of all the 2011 members of the IA 25.

We've heard many different definitions for behavioral finance, but none so succinct.

“Behavioral finance is finance with normal people in it,” Meir Statman says matter-of-factly. “Sometimes we are normal-smart and sometimes we are normal-stupid.”

Statman is the Glenn Klimek Professor of Finance at the Leavey School of Business, Santa Clara University and Visiting Professor at Tilburg University in the Netherlands. His research focuses on behavioral finance (obviously), and he attempts to understand how investors and managers make financial decisions and how these decisions are reflected in financial markets.

“What differentiates me from some of my colleagues in behavioral finance (and much of the application of behavioral finance among advisors) are their focuses on errors with little consideration of wants,” he says. “What we all need to realize is that these decisions are made on the way to getting what they want. We have to understand that this is the engine that drives the train, and the train's cars are the biases and baggage they bring.”

For example, a common advisor complaint, he says, is that investors trade too much. But what if this is done because they simply enjoy the act of trading, like a skier enjoys skiing and akin to the same sort of thrill?

“Once we figure out what people want and why they want it, it gives advisors a powerful tool over and above a lecture about what advisors might feel is destructive behavior,” he says.

Meir's latest book, "What Investors Really Want," seeks to answer the following questions:

What are the cognitive errors and emotions that influence investors?

What are investor aspirations?

How can financial advisors and plan sponsors help investors?

What is the nature of risk and regret?

How do investors form portfolios?

How successful are tactical asset allocation and strategic asset allocation?

What determines stock returns?

What are the effects of sentiment?

How successful are socially responsible investors?

Think you—and your clients—might be interested in the answers?

At one point (Chapter 16) Statman advocates for regulation to help drive positive behavior, but he recognizes the line between paternalism and libertarianism.

“Elizabeth Warren wrote that if we regulate lawn mowers, we should probably regulate mortgages as well,” he says. “This is something with which I happen to agree. But this is different from saying a mutual fund company can only charge a certain amount.”

We can only hope regulators and legislators recognize the difference.

Read more about the rest of the IA 25.

Don't see someone on this year's IA 25 that you think belongs there? Submit their name and your justification for why they should be considered among the most influential people in and around the advisor universe in the Comments field below. We promise to consider reader nominations, but please, no ad hominem attacks on those who were named in this or past years.--Ed.

John Sullivan is the editor of Investment Advisor magazine and the editor of the Retirement Channel for AdvisorOne.com. Sullivan is the former editor of Boomer Market Advisor and Bank Advisor magazines, and has a background in the insurance and investment industries in addition to his journalism roots.

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Legal expert dubious about class-action counterclaim against Righthaven | View Clip
05/18/2011
Las Vegas Sun

The counterclaim was filed Monday by attorneys representing Righthaven defendant BuzzFeed Inc., which was sued in federal court in Denver over a Denver Post TSA pat-down photo allegedly posted on the BuzzFeed.com website.

The class-action seeks to recover damages for Righthaven defendants sued in 57 cases in Colorado, charging that with its no-warning lawsuits Righthaven has subjected the defendants to “extortion litigation” over dubious copyright infringement claims.

Righthaven, unsurprisingly, doesn't agree with those allegations.

“Defendants' request for class certification based on the asserted claims for relief certainly represents a novel attempt to impose liability based on theories that Righthaven maintains lack both legal and factual support. In fact, the asserted counterclaims clearly represent defendants' attempt to capitalize on the perceived groundswell of unfounded and pejorative comments directed toward Righthaven and its alleged business model without due consideration of the evidence presented in the company's defense,” said Shawn Mangano, a Las Vegas attorney representing Righthaven. “Righthaven will vigorously defend these allegations, as it has in all contested actions, and unquestionably expects to prevail once the asserted claims are decided on their merits.”

Eric Goldman, a copyright law expert who has been critical of Righthaven, was doubtful the class-action plaintiffs would win their requested declaration that their use of Denver Post material was allowed under the doctrine of fair use.

“I can't recall previously seeing a class action lawsuit for a declaration of fair use. That is unlikely to succeed because fair use is so defendant-specific, so the individualized determinations in a fair use case probably outweigh the common issues,” said Goldman, associate professor at the Santa Clara University School of Law in California and director of its High Tech Law Institute.

“Abuse of process claims are very difficult to win, and once again, many of those determinations will be individual defendant-specific,” he said.

Goldman noted, “In the interests of judicial economy, there could be some value to consolidating the cases given the duplicative issues being raised in each lawsuit.”

Goldman has previously questioned whether Righthaven can be profitable given all the defendants that are fighting back in Nevada, Colorado and South Carolina.

“The class action counterclaim reinforces the point that each and every lawsuit that Righthaven files can become an expensive drawn-out battle, with the associated drag in Righthaven's profitability,” he said. “I would be surprised if Righthaven's initial pro forma had budgeted for the costs and hassles of fighting a class action counterclaim, even if Righthaven defeats it.”

A Las Vegas attorney familiar with Righthaven told the and its sister newspaper VEGAS INC that some of the counterclaim's assertions may not hold up.

For instance, the counterclaim complains about Righthaven failing to send take-down notices before suing. But takedown notices are required only in limited circumstances where material was posted by a third party and the website has registered an agent for receipt of takedown notices with the U.S. Copyright Office.

This attorney said the counterclaim's charge that Righthaven doesn't own the copyrights it sues over could be effective, if judges buy that argument. But there's so much ambiguity over Righthaven's standing to sue that it's unlikely its conduct has risen to the level of violating Colorado's unfair and deceptive trade practice law as alleged in the counterclaim.

The attorney said it's obvious Righthaven was over-reaching in demanding the seizure and forfeiture of website domain names — widely criticized as a tool to coerce settlements — but again he doubted this amounted to an unfair or deceptive trade practice.

Claims that Righthaven didn't properly investigate jurisdiction and fair use issues before filing its suits are probably weak as these are subjective, the attorney said.

In other Righthaven developments Tuesday:

• Righthaven may need to find a new local attorney in South Carolina for its lone lawsuit there against blogger Dana Eiser. Attorney Edward Fenno filed court papers Tuesday saying he's withdrawing from the case for undisclosed reasons.

• U.S. District Judge James Mahan in Las Vegas dismissed a Righthaven lawsuit over Review-Journal material against Larry C. Johnson after Johnson argued he was not served in time. Johnson has a website called noquarterusa.net. Mangano said not much should be read into the dismissal, because Righthaven had settled with Johnson before the case was closed by Mahan.

• Colorado defendant Donald Douglas (americanpowerblog.blogspot.com) filed a motion to dismiss the Righthaven suit against him, complaining he “is the target of yet another copyright trolling action by Righthaven.”

Douglas said he suspects Righthaven doesn't have standing to sue under its lawsuit contract with the Denver Post and asked the court to require Righthaven to make the contract public.

“The plaintiff's business model is tantamount to legal extortion. Righthaven's business model is based on coercion,” Douglas complained. “Plaintiff's model is predicated on a corrupt and fraudulent scheme, for Righthaven has no actual or legitimate business interest in protecting copyrights or vindicating its alleged legal rights.”

Also filing a motion to dismiss were attorneys for Colorado defendant Leland Wolf (itmakessenseblog.com), who similarly argued: “Righthaven very likely is neither the owner nor exclusive holder of any rights in the copyrighted work underlying this lawsuit. As such, Righthaven has suffered no injury or other cognizable harm required for it to have standing. Absent this very basic requirement of standing, there is no subject matter jurisdiction in this case, and this court must immediately dismiss the case.”

His attorneys filed a motion to conduct discovery so they can see the lawsuit contract between Righthaven and the Denver Post, writing, “obtaining Righthaven's agreement with (Denver Post owner) MediaNews group is the fastest route to disposing of this lawsuit.”

Wolf is represented by Denver attorney Andrew J. Contiguglia and attorneys with Randazza Legal Group's Las Vegas office.

Righthaven has not yet responded to these defendants' motions.

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The New John Jay Report on Clergy Abuse in the Catholic Church | View Clip
05/18/2011
Psychology Today - Online

Today the John Jay College of Criminal Justice in New York released and announced at a Washington, DC press conference their long awaited comprehensive research investigation focused on the causes and context of in the American Roman Catholic Church. Why should you care?

This report is the most comprehensive study on child sexual abuse of any major organization ever conducted and there is a great deal to learn about this problem from the document, not only about abuse within the Catholic Church but also within society in general, during the past half century. There are many fascinating and even surprising findings for the general reader that paints a picture of child sexual abuse in the Catholic Church and elsewhere that differs from what you likely know from reading the headlines.

So, what does it say? If you are interested in reading the whole report (or perhaps at least the executive summary, conclusions, recommendations, etc.) check it out for yourself at www.usccb.org/ocyp.

Search for a mental health professional near you.

In summary, the report states that of minors in the American Catholic Church is a historical problem with the vast majority of cases occurring from the mid 1960's to the mid 1980's. You might find surprising that 94% of all cases occurred before 1990 and that 70% of clergy offenders were ordained as priests before 1970. They conclude that these numbers, as well as the style and type of abuse is fairly consistent with other large organizations (think public schools, boy scouts, and so forth) with men who had unsupervised and unlimited access to minors during the last half century (and most especially during the 1960's and 1970's).

The report concludes that the vast majority of clergy sex offenders are not pedophiles at all but were situational generalists violating whoever they had access to. Pedophiles, by definition, seek sexual gratification from pre-pubescent children of one gender and target this age and gender group (especially while under stress). Clergy sexual offenders in the Church were more likely to be targeting whoever was around them (and they had unsupervised access to) regardless of age and gender.

The researchers conclude that there is no causative relationship between either celibacy or homosexuality and the sexual victimization of children in the Church. Therefore, being celibate or being gay did not increase the risk of violating children. So, blaming the clergy abuse crisis in the Catholic Church on gay men or celibacy is unfounded.

Overall, the profile presented by the John Jay researchers (who, by the way, are non-Catholics working in a secular state run university) of the typical clergy sex offender in the Catholic Church is certainly quite different than the stereotype typically presented in the press during the past decade.

Continuing to blame homosexual men, celibacy, and believing that the frequency of clergy abuse found in the past (especially committed in the 1960's through the early 1980's) will continue now and in the future is clearly misguided based on these conclusive research findings.

As we move forward we certainly must do all that we can to keep our children safe from harm when they are engaged in any organization (be it the Catholic Church, other churches, schools, sports, scouts, and so forth). Additionally, criminal justice and law enforcement professionals also need to be sure that offenders, when they become known to them, do not have access to kids as well. Catholic bishops and other Church leaders as well as other adults who supervise those who interact with children must take their duties to protect them from harm very seriously, cooperate with civil authorities, and follow well established policies and procedures to maximize safety. No reasonable person would disagree with these goals.

The Catholic Church, as well as society in general, certainly must use the very best available research data, such as that provided in this new John Jay report, and the very best practices in clinical treatment, evaluation, prevention, clinical science, and law enforcement to guide our thoughts and actions. Sadly, hysteria often has ruled the day during the past decade regarding this tragic topic. The responsible use of quality research science, education, and best practices will keep children safe, not strong opinions and emotional hysteria.

So, take a look at the new John Jay report and see what you think.

Thomas Plante, Ph.D., ABPP, is Professor of Psychology and Director of the Spirituality and Health Institute at Santa Clara University.

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Pro & Con: Could high-speed rail boost U.S. economy and create jobs? | View Clip
05/18/2011
Atlanta Journal-Constitution - Online

YES: Projects put Americans to work and stimulate growth along the way.

Would high-speed rail spending add jobs in the United States? Of course.

Even if some of the rolling stock for the trains were imported, structures and other permanent way would still have to be built in the United States. Under current conditions, any government spending — for rails, for bridges, for highways, for the military — would contribute to job creation.

Fears that government spending might displace or crowd out private-sector capital formation would be justified were we at or close to capacity. But we are not.

The unemployment rate remains near 9 percent, and this doesn't account for those who, discouraged, have simply left the workforce.

Even more telling is the ratio of employment to population, which has fallen from its all-time high of over 64 percent in 1999 to 58 percent today. In spite of large “supply side” tax cuts tilted toward the wealthy, the record of the George W. Bush presidency on job creation was in fact quite poor.

For a variety of reasons, including the recent financial crisis, the U.S. economy remains in a serious slump. High-speed rail spending could stimulate job growth and help jump start the economy.

These projects would, of course, add to the deficit and concerns about its long term growth, particularly that attributable to health care, are merited.

Looking back over the past three decades, however, Republicans' interests in deficit reduction seems to have waxed and waned depending upon who occupied the White House.

The deficit ballooned under Bush, due largely to tax cuts but also to increases in military spending and a new unfunded prescription drug benefit. The resulting run-up in the debt was regrettable, but the time to cut government spending is when the economy is strong, not when it is weak.

If the country is going to incur new debt, it is better to do so to acquire well-chosen infrastructure and equipment than to fund consumption.

Would high-speed rail represent well-chosen infrastructure? In other words, would it help the U.S. “win the future”? This is a more complex question. It requires us to consider not simply whether such projects would help close the output gap, but whether and how effectively they would expand the potential output of the economy.

Here there are legitimate concerns about whether the U.S. has enough high density corridors — such as that between Boston and Washington — to yield large benefits.

And building in dense areas can be costly. For example, the proposed Los Angeles to San Francisco route would go right through my backyard in Palo Alto, Calif., and the extent to which that part of the route will or will not be put underground has become a contentious political issue.

That said, state and federal governments have a long and largely successful record of supporting infrastructure development, from the Erie Canal to regional and transcontinental railroads to the Interstate Highway System and, more recently, to the Internet.

The build-out of the surface road network during the Great Depression generated large private-sector benefits, contributing to very fast productivity growth in transportation — railroads and trucking — as well as in wholesale and retail distribution.

High-speed rail projects could certainly create jobs and stimulate the economy in the short run. Whether they would generate benefits similar to those of other government funded infrastructure projects is uncertain. History suggests, however, that there's a good chance they would.

Alexander J. Field is a professor of economics at Santa Clara University and the author of “A Great Leap Forward: 1930s Depression and U.S. Economic Growth.”

NO: Projects would benefit foreign companies, take too long, cost too much.

An astute journalist in the 20th century once defined public relations as “organized lying.”

Indeed, some of Washington's largest and most ruthless public relations firms are spearheading the effort to revive rail, and no wonder.

Billions of taxpayer dollars are on the table and likely to be picked up by foreign companies like Canada's Bombardier and Germany's Siemens.

Unfortunately, the money they'll pocket will come from American taxpayers at a time of record federal deficits and depressingly high unemployment.

Tea party members who consider President Barack Obama to be the ultimate spender had that view reinforced when he pledged in his State of the Union address that 80 percent of Americans will have access to bullet trains in a mere 25 years.

A few weeks later, Vice President Joe Biden, one of the few politicians who regularly rides Amtrak, proposed spending $53 billion to get high-speed rail on track.

The Obama administration already has set aside more than $10 billion for super fast rail projects, but many of its partners in state governments are dubious.

Newly elected Wisconsin Republican Gov. Scott Walker rejected $810 million for a line between Madison and Milwaukee, noting that motorists already can drive the 79-mile route on state freeways in just over an hour. Walker campaigned against the project last fall.

Walker's GOP counterpart in Ohio, former U.S. House Budget Committee Chairman John Kasich, also campaigned against a $400-million federal grant that would have created a high-speed passenger service between Cleveland, Columbus and Cincinnati, his state's three largest cities, wryly observing that its top speed of 79 miles per hour was far too slow to attract many passengers.

Even California, where free-spending politicians have long dreamed of an 800-mile super-line from San Francisco to San Diego, is having second thoughts.

Sober-minded legislators in Sacramento are beginning to ask how a state staring at a $28 billion deficit by the fall of 2012 can afford to shell out $43 billion for a train where a one-way ticket would cost more than $200 or nearly four times the ticket for an air flight.

Complicating matters, the California fast line ironically has attracted the wrath of normally green San Francisco Bay area residents, who are worried about property values, and Central Valley farmers, who are concerned about crop damage.

The only area in the United States with enough population to make high-speed rail feasible is the Northeast Corridor spanning Washington to Boston, where Amtrak's Acela Express now achieves top speeds of 150 miles, but averages a slow-motion 70 miles per hour because it must share track with other trains.

Acquiring enough land through eminent domain actions and constructing the high-tech rails needed for a Northeast high-speed rail line likely would be prohibitively expensive.

Amtrak's current estimate — which many experts consider a decidedly low-ball one — says it would take 25 years and cost $117 billion.

Unfortunately, Biden, Transportation Secretary Ray LaHood and other Obama higher-ups still view rail travel through a 1950 lens of nostalgia, when one could enjoy the overnight luxury of the 20th Century Limited — leaving Grand Central Station in the evening and disembarking the next morning in downtown Chicago.

Those days — like Alfred Hitchcock, who had Cary Grant and Eva-Marie Saint do just that in his 1959 thriller “North by Northwest” — are long gone.

Amy Ridenour is president and chairman of the National Center for Public Policy Research in Washington, D.C.

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*Jesuit School of Theology of Santa Clara University doubly honored | View Clip
05/18/2011
National Catholic Reporter Online

The Jesuit School of Theology of Santa Clara University and faculty member Jesuit Father Eduardo Fernandez will be honored by the Academy of Catholic Hispanic Theologians (ACHTUS).

One award, the ACHTUS award, goes to an organization or institution singled out for contributions to theology in keeping with the mission of the academy; the other, the Virgilio Elizondro award, named after Notre Dame professor of pastoral and Hispanic theology and Jesuit School of Theology of Santa Clara board member, is given to a person singled out “for distinguished achievement in theology, in keeping with the mission of the academy.

The awards will be given out at the ACHTUS's annual colloquium next month in San Jose, CA.

Jesuit Father Kevin Burke, dean of the Jesuit School of Theology of Santa Clara University, said in an email he was particularly proud of the awards as they recognize steps taken at the theology school to mentor promising Latino/Latina scholars. He said the awards in particular recognize efforts at Santa Clara's Hispanic Institute to help form the next generation of Latino/Latina pastoral agents.

“In addition, we have been blessed to host a growing number of Jesuit scholastics from Mexico and Latin America who are completing their priestly formation or further theological studies with us,” Burke said.

Work of the Institute was featured last September in NCR.

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Bay to Breakers at 100: tame party | View Clip
05/17/2011
San Francisco Chronicle - Online

Every May for the past six years, Matt Hopkins has flown from his home in New York to San Francisco to party with friends at the Bay to Breakers race.

This year was notable, he said, not because it was the centennial running of the 7.46-mile race, but because it was the year organizers cracked down, hiring guards to confiscate booze and banning the race's iconic floats.

"It is getting lamer with more restrictions, yeah," said Hopkins, 31, in Golden Gate Park after watching police pour his friends' alcohol on the asphalt. "But I'm coming back. While I love New York City, this kind of event would never happen there."

Organizers said they were trying to find the right balance between only-in-San Francisco fun and a bacchanalia for 55,000. In the eyes of many participants and observers, they succeeded Sunday.

"I think the city should be proud of itself," said Supervisor Ross Mirkarimi, whose district includes much of the race route. "The initial reports sound very good, and it wasn't that way the other years."

Back from the edge?

Many worried after last year, when 26 people got so drunk making their way from Howard and Beale streets to Ocean Beach they had to be taken to hospitals, that the race was on its last legs. Residents along the route said people were using their streets as toilets, and one of the race's major sponsors declined to re-up.

This year, the hospitalization total for alcohol and race-related injuries was 25 to 30, said Laura Adelman, spokeswoman for the city's Department of Emergency Management. Eighteen people were arrested for public intoxication, police Cmdr. James Dudley said.

Police and legions of private security guards hired by the race's organizer, the entertainment conglomerate AEG, confiscated alcohol and scolded runners who hadn't registered. Overly intoxicated runners were sent to "sobering tents." The 7 a.m. start time - an hour earlier than usual - meant some opted to stay in bed.

But in a nod to the party the race is known for, organizers also turned a blind eye to runners who had had just a few drinks. Those who sipped Gatorade mixed with something extra were allowed to continue as long as they didn't cause trouble.

And of course, no one batted an eye when runners trotted by in their birthday suits.

'Line in the sand'

"We never thought or believed that we'd get every single person" who got intoxicated and made life miserable for residents along the course, said Sam Singer, a spokesman for the race. "The idea was to reduce their numbers and to start to draw a line in the sand."

All that meant improvement, said David Perkinson, who has lived along the race route on Fell Street for five years.

"For the last couple of years - 2009, 2010 - there were lots of really drunk people who were trying to walk up the stairs and use our restroom, or walk through the garage to pee in our backyard," Perkinson said.

This year, only one person asked to use his bathroom, and no one urinated on his front lawn.

But the rules still were a bit of a buzzkill for some the most free-spirited runners.

"I heard there was no alcohol allowed but I figured, 'Whatever, they say that every year,' " said Jack Knoebber, 24, shortly after police took a bottle of vodka and 20 cans of beer from a wagon he towed behind him.

He said that was the third time officers had confiscated his stash. "I'd just go buy more each time they took it," he said.

Not scared off

Patrick Smith, a 19-year-old student at Santa Clara University, said he had no interest in obeying the rules.

"New rules equals none of us following them," he said. "Nobody could scare anyone. Did they really think they could put one piece in the paper and that would stop us?"

Smith, who was wearing a pig costume, wouldn't say if he'd been drinking, but said it was safe to say that he was "having a good time."

They key, many said, was moderation.

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Chemical industry group selects 2011 scholars, arranges student internships | View Clip
05/17/2011
Journal of the American Chemical Society

— More than 25 undergraduate chemistry and chemical engineering majors have been named Society of Chemical Industry (SCI) Scholars. Each of these college sophomores and juniors will participate in 10-week internships at SCI member companies this summer.

The SCI, the American Chemical Society (ACS), and American Institute of Chemical Engineers (AIChE) developed this summer internship program to introduce chemistry and chemical engineering students to careers in the chemical industry.

“Our industry can only continue to be successful if we continue to attract top young scientists and engineers. The scholars program has become an important tool to achieve this,” said Stephanie Burns, president and CEO of Dow Corning and chairperson of the SCI.

2011 SCI Scholars

Timoleon Ballai

Stevens Institute of Technology

Kinnelon, N.J.

Nathan Bowser

Lehigh University

Shoemakersville, Pa.

Eli Castro

University of California, San Diego

Chula Vista, Calif.

Trishelle Copeland Johnson

University of South Florida

Lutz, Fla.

David Cheung

University of the Sciences in Philadelphia

Upper Darby, Pa.

Joshua Doorn

University of South Dakota

Sioux Falls, S.D.

Justin Erwin

East Central University

Muskogee, Okla.

William Ferriby

Washington University

Muskegon, Mich.

Stephanie Gates

Millikin University

Arlington Heights, Ill.

Apoorv Gupta

University of Maryland, College Park

North Potomac, Md.

Jennifer Harmon

California State University, Fresno

Visalia, Calif.

Sally Ingham

Vanderbilt University

Lincoln, Neb.

David Jeffcoat

Clemson University

Irmo, S.C.

Stephanie Jou

Rutgers University

Florham Park, N.J.

Nathan Konopliv

University of California, San Diego

Altadena, Calif.

Maxwell Kushner Lenhoff

Yale University

Long Beach, Calif.

Hattie Larson

Florida State University

Kingwood, Texas

Stewart Mallory

University of Hawaii at Manoa

Honolulu, Hawaii

Arielle Mensch

Saint John Fisher College

Waverly, N.Y.

Robert Morrow

SUNY at Buffalo

Watertown, N.Y.

Molly O'Driscoll

Villanova University

Yorktown Heights, N.Y.

Thomas Pinkard

The Pennsylvania State University

Shillington, Pa.

Frederick Seidl

Santa Clara University

Cupertino, Calif.

Joseph Selinger

Carnegie Mellon University

Hudson, Ohio

Erica Tam

Rice University

Pleasanton, Calif.

Angela Troxell

Florida Institute of Technology

Lakeland, Fla.

Andrew Wagner

University of Minnesota

Apple Valley, Minn.

Yong Wu

University of Virginia

Falls Church, Va.

SCI member companies participating include Air Liquide, Air Products, Arch Chemicals, Chemtura, Chevron Phillips, Dow Chemical, Dow Corning, DuPont, Eastman Chemical, ExxonMobil, Honeywell UOP, International Specialty Products, LANXESS, Milliken & Company, Nalco and W. R. Grace.

Each company makes 10-week summer internships available in their research laboratories or manufacturing plants. Students apply through the ACS in a national competition. Panels of volunteer chemists and engineers review qualifications and recommendations to make final selections. This year, more than 250 students with an average GPA of 3.85 applied for the program. Scholars receive a certificate of recognition and a stipend to supplement their internship salary. Students are encouraged to nominate a high school science teacher who sparked their interest in chemistry. Teachers are recognized for their outstanding ability in the classroom and receive a stipend to further their activities.

“I think this program is amazing. One thing that was great was that I learned what job opportunities were out there,” said Joseph Mosley, 2010 SCI Scholar.

About the Society of Chemical Industry (SCI)

SCI America International Group, launched in 1894, is part of the Society of Chemical Industry's international organization. It provides a unique networking forum for chemical industry leaders, industrial scientists and technologists to exchange new business ideas and best practices. It celebrates achievement to promote public awareness of the contributions of industrial chemistry and inspire students to enter technical careers.

SCI America Section also offers its members the opportunity to become part of an international network of industry thought leaders and researchers. Through specialized conferences, e-events, and publications, it helps foster best practices in fields as diverse as fine and commodity chemicals, food, pharmaceuticals, biotechnology, agriculture and environmental protection.

SCI America events are managed by the Chemical Heritage Foundation.

Program Contact:

Ron Reynolds

215-873-8244

rreynolds@chemheritage.org

CHF Press Contact:

Neil Gussman

215-873-8262

717-314-2494

neilg@chemheritage.org

About the American Chemical Society (ACS)

The American Chemical Society is a non-profit organization chartered by the U.S. Congress. With more than 163,000 members, ACS is the world's largest scientific society and a global leader in providing access to chemistry-related research through its multiple databases, peer-reviewed journals and scientific conferences. Its main offices are in Washington, D.C., and Columbus, Ohio. For more information, please go to www.acs.org.

About the American Institute of Chemical Engineers (AIChE)

AIChE, founded in 1908, is a professional association of 40,000 chemical engineers in 92 countries. Its members work in corporations, universities, and government using their knowledge of chemical processes to develop safe and useful products for the benefit of society. For more information, please go to www.aiche.org.

AIChE Press Contact:

Steve Smith

646 495-1360

steps@aiche.org

###

The American Chemical Society is a non-profit organization chartered by the U.S. Congress. With more than 163,000 members, ACS is the world's largest scientific society and a global leader in providing access to chemistry-related research through its multiple databases, peer-reviewed journals and scientific conferences. Its main offices are in Washington, D.C., and Columbus, Ohio.

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Professors debate functionality | View Clip
05/17/2011
Managing IP

Email a friend Your name:

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Eileen McDermott, San Francisco

Annual Meeting attendees flocked to a bustling session about recent developments relating to the doctrine of trademark functionality yesterday

The panel included Professors Mark Lemley of Stanford Law School, Dan Burke of the University of California, Irvine School of Law and Eric Goldman of Santa Clara University School of Law.

Moderator Susan Montgomery of Northeastern University focused on two key cases—Rosetta Stone v. Google and Fleischer Studios Inc. v. A.V.E.L.A—in which two separate courts ruled in part that the trademarks at issue in each case were functional, and therefore unprotectable.

Both cases are on appeal and being closely watched by INTA (which has filed amicus briefs in each case) and the trademark community. “Betty Boop is outrageous and will spell the death knell for trademarks [if not reversed],” said one audience member.

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Race sobers up at 100
05/16/2011
San Francisco Chronicle

Every May for the past six years, Matt Hopkins has flown from his home in New York to San Francisco to party with friends at the Bay to Breakers race.

This year was notable, he said, not because it was the centennial running of the 7.46-mile race, but because it was the year organizers cracked down, hiring guards to confiscate booze and banning the race's iconic floats.

"It is getting lamer with more restrictions, yeah," said Hopkins, 31, in Golden Gate Park after watching police pour his friends' alcohol on the asphalt. "But I'm coming back. While I love New York City, this kind of event would never happen there."

Organizers said they were trying to find the right balance between only-in-San Francisco fun and a bacchanalia for 55,000. In the eyes of many participants and observers, they succeeded Sunday.

"I think the city should be proud of itself," said Supervisor Ross Mirkarimi, whose district includes much of the race route. "The initial reports sound very good, and it wasn't that way the other years."

Back from the edge?Many worried after last year, when 26 people got so drunk making their way from Howard and Beale streets to Ocean Beach they had to be taken to hospitals, that the race was on its last legs. Residents along the route said people were using their streets as toilets, and one of the race's major sponsors declined to re-up.

This year, the hospitalization total for alcohol and race-related injuries was 25 to 30, said Laura Adelman, spokeswoman for the city's Department of Emergency Management. Eighteen people were arrested for public intoxication, police Cmdr. James Dudley said.

Police and legions of private security guards hired by the race's organizer, the entertainment conglomerate AEG, confiscated alcohol and scolded runners who hadn't registered. Overly intoxicated runners were sent to "sobering tents." The 7 a.m. start time - an hour earlier than usual - meant some opted to stay in bed.

But in a nod to the party the race is known for, organizers also turned a blind eye to runners who had had just a few drinks. Those who sipped Gatorade mixed with something extra were allowed to continue as long as they didn't cause trouble.

And of course, no one batted an eye when runners trotted by in their birthday suits.

'Line in the sand'"We never thought or believed that we'd get every single person" who got intoxicated and made life miserable for residents along the course, said Sam Singer, a spokesman for the race. "The idea was to reduce their numbers and to start to draw a line in the sand."

All that meant improvement, said David Perkinson, who has lived along the race route on Fell Street for five years.

"For the last couple of years - 2009, 2010 - there were lots of really drunk people who were trying to walk up the stairs and use our restroom, or walk through the garage to pee in our backyard," Perkinson said.

This year, only one person asked to use his bathroom, and no one urinated on his front lawn.

But the rules still were a bit of a buzzkill for some the most free-spirited runners.

"I heard there was no alcohol allowed but I figured, 'Whatever, they say that every year,' " said Jack Knoebber, 24, shortly after police took a bottle of vodka and 20 cans of beer from a wagon he towed behind him.

He said that was the third time officers had confiscated his stash. "I'd just go buy more each time they took it," he said.

Not scared offPatrick Smith, a 19-year-old student at Santa Clara University, said he had no interest in obeying the rules.

"New rules equals none of us following them," he said. "Nobody could scare anyone. Did they really think they could put one piece in the paper and that would stop us?"

Smith, who was wearing a pig costume, wouldn't say if he'd been drinking, but said it was safe to say that he was "having a good time."

They key, many said, was moderation.

Ricky Ho, 25, San Francisco born and bred, ran last year with a Camelbak pack full of vodka and Gatorade. He finished in 2 hours and 20 minutes. This year he ran with a water bottle full of water and made it out to the Great Highway in half that time.

"I sort of liked this competitive edge," Ho said. "I thought I might as well try to accomplish something, and I did."

His impression was that "last year there were a lot more naked people and a lot more drunk people." Last year, he added, "was more fun."

A Tequila SunriseBurlingame resident Alicia Perdue, 23, part of a group of four women who have run the Bay to Breakers together for 10 years in a row, agreed that "it seemed like there was a lot more energy last year. But it's always fun."

Her friend Stephanie Donohue, 23, of San Bruno, said the group takes the running part seriously and goes light on the drinking. "At 4:30 in the morning we had a Tequila Sunrise," she said. "It was our breakfast, but we just had one."

Others took the running part less seriously.

"There are so many naked people in San Francisco, and I love San Francisco," said Jordan Krant, 22, of San Diego, as she spanked a scantily clad friend on the behind.

"I'm buzzed," Krant allowed. "I had a few beverages."

Mirkarimi said he was confident that after Sunday's performance, the race would continue for many more years.

"This was a litmus test on the year itself, beyond the centennial year," Mirkarimi said. "The Bay to Breakers apparently has turned a corner and is stronger for it next year."

Voices of Bay to Breakers Seen and heard at San Francisco's annual 7.46-mile race party:

"This year is a lot calmer" than previous years, said Jay Pritchard, 47, security supervisor for the race. "There is a lot more security, and we're taking away alcohol."

"This is one of the days when I'm proud to be from San Francisco," said Daniel Powers, 29, who started drinking at 6:30 a.m. "The fact they want to take away this 100-year tradition that started out to lift spirits from the earthquake, I think is garbage."

Jill Jacobi, mindful of this year's ban on floats, dressed up as a root-beer bottle and ran holding a large straw. "I'm a root-beer float," she explained.

"This is the best day in the world in San Francisco," said DJ Big Dolla, sipping a Bloody Mary at 8 a.m. as he blasted up-tempo music for the runners from an Alamo Square apartment. "It is one of those days when I am so happy to be a resident of San Francisco."

Bob Lewandowski, 47, and his two friends used to be serious runners, but no more. "We purposely didn't run at all for this," he said. "We trained at Wendy's."

Trinh Tham, 32, of Emeryville saw one man passed out a half-mile past the infamous Hayes Street hill and several others stumbling about. That was, however, "way less than what I anticipated," she said. There were also "a lot of naked people, but that's normal," Tham said.

Voices of Bay to Breakers Seen and heard at San Francisco's annual 7.46-mile race party:

"This year is a lot calmer" than previous years, said Jay Pritchard, 47, security supervisor for the race. "There is a lot more security, and we're taking away alcohol."

"This is one of the days when I'm proud to be from San Francisco," said Daniel Powers, 29, who started drinking at 6:30 a.m. "The fact they want to take away this 100-year tradition that started out to lift spirits from the earthquake, I think is garbage."

Jill Jacobi, mindful of this year's ban on floats, dressed up as a root-beer bottle and ran holding a large straw. "I'm a root-beer float," she explained.

"This is the best day in the world in San Francisco," said DJ Big Dolla, sipping a Bloody Mary at 8 a.m. as he blasted up-tempo music for the runners from an Alamo Square apartment. "It is one of those days when I am so happy to be a resident of San Francisco."

Bob Lewandowski, 47, and his two friends used to be serious runners, but no more. "We purposely didn't run at all for this," he said. "We trained at Wendy's."

Trinh Tham, 32, of Emeryville saw one man passed out a half-mile past the infamous Hayes Street hill and several others stumbling about. That was, however, "way less than what I anticipated," she said. There were also "a lot of naked people, but that's normal," Tham said.

Copyright © 2011 San Francisco Chronicle

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Yahoo and Chinese partner in messy spat | View Clip
05/16/2011
Inland Valley Daily Bulletin - Online

Created: 05/13/2011 06:12:24 PM PDT

More Yahoo

For years, Yahoo's investment in a once-fledgling Chinese e-commerce company, Alibaba Group, was held up as a rare success story for a Silicon Valley Internet giant in China's emerging online market.

But that marriage has been strained for many months, and the latest blowup could prove costly to Yahoo and its shareholders. It came earlier this week when Yahoo announced that Alibaba Group, in which it owns a 40 percent stake, transferred its highly valuable online payment business, Alipay, to a separate company controlled by Alibaba Group founder and CEO Jack Ma without telling the board or shareholders.

Yahoo's account of the transfer was disputed Friday by Alibaba Group spokesman John Spelich, who said in a statement that Alipay was transferred to a Chinese-owned entity to comply with new licensing regulations, and that the transfer had been discussed for three years by the company's board, on which Yahoo has a seat. He added that the board was told in July 2009 that "majority shareholding in Alipay had been transferred to Chinese ownership."

A source close to Yahoo, however, said the Alibaba Group's statement referred to board discussions about a "temporary" restructuring of Alipay, which remained under the Alibaba Group's control, financially and operationally. The group's management was instructed to present a long-term plan to meet new licensing regulations that might prevent foreigners from holding majority stakes in online-payment

companies, according to the source, who asked for anonymity because the source was not authorized to speak about the issue.

Yahoo, in a statement Friday, reiterated that it and Softbank, the other foreign investors in the company, learned about the transfer of Alipay on March 31 and that it occurred "without the knowledge or approval of the Alibaba Group board of directors and shareholders." The company added that it "is in active and constructive negotiations" with Alibaba Group.

Shareholders rattled

News of the dispute stunned shareholders, many of whom believe Yahoo's stake in the Alibaba Group is one of its most valuable assets. In a note earlier this month, Greenlight Capital hedge-fund manager David Einhorn said Yahoo's position in Alibaba Group might be "ultimately worth Yahoo's entire current market value."

The sudden uncertainty around Alipay rattled shareholders, causing Yahoo stock to plunge nearly 11 percent since the disagreement became public Tuesday. Yahoo shares closed Friday at $16.55, down almost 4 percent for the day.

"You wouldn't think this could happen when you are talking about a multinational company like Yahoo and one of the biggest Chinese Internet companies," said Scott Kessler, an analyst with Standard & Poor's Equity Group.

Caris & Co. analyst Sandeep Aggarwal estimates the value of Alipay and Taobao, the group's online auction and online shopping site, at $12 billion to $15 billion.

"This is an issue of international concern," he said. "We expect they will be able to resolve this."

Alipay is a key online-payments player in China's emerging Internet market, and its value is sure to grow. Losing its financial stake in Alipay could be a tough blow for Yahoo, which in December announced it would cut 600 jobs, or about 4 percent of its employees, the third wave of layoffs since Carol Bartz became CEO in early 2009. Last month, Yahoo reported a 28 percent drop in profits, to $225 million, and a 24 percent drop in revenue, to $1.2 billion, for its most recent quarter.

Should the companies fail to come to an agreement, Yahoo's only option might be to seek arbitration in China, said Anna Han, a specialist in international business transactions and technology licensing at Santa Clara University.

"Yahoo would need to prove that this sale hurt the company and that it violated the corporate rules of China and or the internal bylaws of the company," she said.

When Yahoo invested $1 billion in Alibaba Group in 2005, the young Chinese company badly needed the money to compete against eBay in China. It also benefited from the cachet of partnering with a global Internet giant.

A cautionary tale

Yahoo, on the other hand, was happy to hand over its struggling operations in China to seasoned Chinese Internet executives. The deal was consumated after Ma, a former English teacher who is now one of the most admired entrepreneurs in China, and Yahoo co-founder Jerry Yang struck up a friendship that is said to continue today.

But now, "Yahoo needs Alibaba more than Alibaba needs Yahoo," said Mark Natkin, managing director of Beijing-based Marbridge Consulting.

Last year, the unraveling relationship was further frayed when Yahoo issued a statement in support of Google after that company had been hit by cyber-attacks in China, an assault that eventually led Google to stop censoring its searches in defiance of the communist government. The Alibaba Group, in its own statement, rebuked its partner, calling Yahoo's remarks "reckless given the lack of facts. Alibaba doesn't share this view."

The Alibaba Group, which is based in Hangzhou, has sought an end to the relationship, but Yahoo hasn't been interested in selling its stake. In February, Chinese media reported that Alibaba executives visited Silicon Valley and failed to pay a courtesy visit to Yahoo.

Yahoo's plight is a cautionary tale to investors eyeing the world's largest Internet market, where companies play by different rules, Han said.

"It's a warning about how Chinese companies in joint ventures operate," she said. "There is a lack of transparency. You don't really know what happens behind closed doors."

Contact John Boudreau at 408-278-3496.

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Yahoo, Alibaba work to patch things up | View Clip
05/16/2011
SiliconValley.com

More Yahoo

A spat between Sunnyvale Internet giant Yahoo and its vital Chinese partner, the Alibaba Group, could be easing as the two camps appear to be working to resolve the dispute.

Yahoo's 40 percent investment in Alibaba, a successful e-commerce company that some shareholders believe is one of the company's most important assets, appeared threatened after the Silicon Valley company announced that the Chinese company transferred its highly valuable online-payment business, Alipay, to a separate company controlled by Alibaba Group founder and CEO Jack Ma without telling Yahoo's board or shareholders.

Alipay acts as China's version of PayPal. Alipay and Taobao, the group's online auction and online shopping site, together have been valued from $10 billion to $40 billion in China's fast-growing Internet market of some 450 million users. Alibaba Group countered that the company and board had discussed such a move for many months in order to meet new government regulations, which forbid foreign ownership of e-commerce payment services.

On Sunday, Yahoo and Alibaba Group issued a statement indicating the two sides, as well as Softbank, the other foreign investor, are working to patch things up.

"Alibaba Group and its major stockholders Yahoo and Softbank Corporation are engaged in and committed to productive negotiations to resolve the outstanding issues related to Alipay in a manner that serves the interests of all shareholders as soon as

possible," the statement said.

When Yahoo invested $1 billion in Alibaba Group in 2005, the young Chinese company badly needed the money to compete against eBay in China. Now, though, as China's Internet market explodes, Alibaba Group has become a mighty force in the world's largest Internet market and, analysts say, has little need for its foreign investors, which it would like to shed.

The public dispute with Yahoo, though, serves no one's interest, said Anna Han, a specialist in international business transactions and technology licensing at Santa Clara University.

"Any kind of dispute with your partner is bad for business," she said. Negotiation, Han said, "has a calming effect."

She added, "The big question is going to be, What did Alipay sell for, and was it anywhere near fair market value?"

Contact John Boudreau at 408-278-3496.

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YAHOO DISPUTE WITH CHINESE PARTNER EASING
05/16/2011
San Jose Mercury News

A spat between Sunnyvale Internet giant Yahoo and its vital Chinese partner, the Alibaba Group, could be easing as the two camps appear to be working to resolve the dispute.

Yahoo's 40 percent investment in Alibaba, a successful e-commerce company that some shareholders believe is one of the company's most important assets, appeared threatened after the Silicon Valley company announced that the Chinese company transferred its highly valuable online-payment business, Alipay, to a separate company controlled by Alibaba Group founder and CEO Jack Ma without telling Yahoo's board or shareholders.

Alipay acts as China's version of PayPal. Alipay and Taobao, the group's online auction and online shopping site, together have been valued from $10 billion to $40 billion in China's fast-growing Internet market of some 450 million users. Alibaba Group countered that the company and board had discussed such a move for many months in order to meet new government regulations, which forbid foreign ownership of e-commerce payment services.

On Sunday, Yahoo and Alibaba Group issued a statement indicating the two sides, as well as Softbank, the other foreign investor, are working to patch things up.

"Alibaba Group and its major stockholders Yahoo and Softbank Corporation are engaged in and committed to productive negotiations to resolve the outstanding issues related to Alipay in a manner that serves the interests of all shareholders as soon as possible," the statement said.

When Yahoo invested $1 billion in Alibaba Group in 2005, the young Chinese company badly needed the money to compete against eBay in China. Now, though, as China's Internet market explodes, Alibaba Group has become a mighty force in the world's largest Internet market and, analysts say, has little need for its foreign investors, which it would like to shed.

The public dispute with Yahoo, though, serves no one's interest, said Anna Han, a specialist in international business transactions and technology licensing at Santa Clara University.

"Any kind of dispute with your partner is bad for business," she said. Negotiation, Han said, "has a calming effect."

She added, "The big question is going to be, What did Alipay sell for, and was it anywhere near fair market value?"

Contact John Boudreau at 408-278-3496.

Copyright © 2011 San Jose Mercury News

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Our last chance to arise from slumber and seize the future
05/16/2011
Irish Times

OPINION:IF, AS Swift said, vision is the art of seeing the invisible, then Ireland has had an abundance of those who were cursed with the absence of it, along with the inability to see what is right before their eyes.

The country is in economic free fall: hundreds of billions owed to foreign banks, ghost estates, politics in disrepute, superficial reform raining down like squalls off the Kerry coast and the populace sometimes rocked by anger and struck dumb by ennui.

Only a few years ago, Ireland, with its great universities, talented workers and creative culture, seemed to reign supreme as the best example of the modern European state. Peace had come to the North and the nation's history of revolt and reprisal, along with spectre of emigration, had seemingly been consigned to the dustbin of history. What happened? And more importantly, what now?

Well, the obvious is well known, from the recklessness of bankers and their giddy amen choir of governmental cheerleaders, to the sheep-like developers worshipping the craven image of a Los Angeles-style suburbanisation in the hinterland of Dublin. It was worse than farce; it was criminal.

Money that should have gone into building infrastructure, promoting new companies and using the new opportunities of the boom to train a new generation of entrepreneurs at home, not abroad, was squandered. The naysayers, like McWilliams, O'Toole and Kelly along with sceptics from historian Tim Pat Coogan to financier Dermot Desmond, were ignored.

Although the government has changed (mistakes must have consequences) they are now, through Nama and other agencies, busy restructuring failure instead of nurturing success. What comes to mind is that line of Patrick Kavanagh's poem, Memory of Brother Michael“. . . we sailed in puddles of the past”. As I read the latest pronouncements from the Government and its Namas and [Bord] Snips, I can only sigh in disbelief. I think in many cases they are saying the right thing, but the key is implementation.

That's what Craig Barrett, chairman of the Irish Technology Leadership Group (ITLG) and former chairman of Intel says. It is where lessons are not being learned.

It is time to think and act anew. Irish officials must implement solutions quickly, before it's too late, redouble efforts at creating wealth in emerging companies and harness the untapped resources of the Irish diaspora.

There is much talk of this vast diaspora, but its resources are not being utilised. Until the Irish leadership sees that taoiseachs delivering platitudes and bowls of shamrocks will not substitute for meaningful engagement, it never will be utilised.

Here are three suggestions:

Merge IDA, Enterprise Ireland and other agencies involved in economic development into one agency, name a leader, maybe an American chief executive like Craig Barrett, and support innovation, jobs and company formation. Then measure performance, not press releases;

Put whatever resources you can muster into worldwide venture capital funds that have a link beyond the monetary to Ireland, a real eco-system, and make the creation of companies, not reports, their core product;

Instead of abolishing the Seanad, select members who serve at no salary but chosen only from the Irish diaspora. From Silicon Valley select the likes of Craig Barrett, John Hartnett, founder of the ITLG and the Wilde Angel Fund, Conrad Burke of Innovalight and John O Ryan, the inventor behind the dynamic Rovi Corporate.

Add in Maria Shriver, Gabriel Byrne, Chuck Feeney, Niall O'Dowd and Declan Kelly too. And then from across the US, Australia, Canada and globally pick more such people and use them. Don't lose them in a jumble of compliments and forums. As I once noted, I often found more wisdom in a conversation over a pint in McDaid's or an hour at San Jose's Irish Innovation Center than a day of speeches at Farmleigh. Implement, implement, implement as if your future depended on it – for it surely does.

To re-coin a phrase, we Irish may indeed get a second chance to make a first impression. We can yet win the 21st Century and build a nation of which we can be proud. Instead of the false alternatives of the past few years, we can seize the future and claim the mantle of an innovation economy forged in the Silicon Valley model of experimentation, perseverance and revolutionary success.

The people of Ireland are ripe for such a role. This is the last chance to arise from the slumber of the past and seize the future. The decision, as it always does, rests with the people of Ireland.

Tom McEnery is an author, businessman and lecturer at Santa Clara University and Stanford University. He is the former mayor of San Jose

Copyright © 2011 Irish Times Company

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For academics, a day of practical matters | View Clip
05/16/2011
Managing IP

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Karen Bolipata, San Francisco

Geared toward law professors and students, Academic Day is designed to keep participants involved long after the meeting ends. Karen Bolipata reports

“Hopefully what all the constituencies will get from the meeting is a better understanding of the panoply of benefits they can gain from INTA,” says Carla Oakley, Morgan Lewis & Bockius partner and co-vice chair of the INTA Academic Committee. “Hopefully they walk away with substantive knowledge they didn't have before the meeting—things they can use either in their practice, in their teaching or in their student life.”

Tailored to students and professors, today's activities range from networking opportunities to panels featuring prominent legal commentators. An all-academic panel about functionality features professors Dan Burk, Eric Goldman and Mark Lemley—all from California law schools. “We wanted to take advantage of some of the professors who are local here and have strong reputations in the area,” Oakley says.

With nearly 430 registered this year, the number of the Annual Meeting's academic participants has grown in recent years. The organization uses social media to reach out to potential members, with a growing segment from outside the US. Recently, INTA hosted academic-related programs in Belgium, Spain and Brazil.

“Having professor members join INTA really raises the level of discussion and debate regarding trademark issues,” says committee chair Kelly McCarthy, partner at Sideman & Bancroft and chair of the Academic Committee. “It allows the organization to gain access to their minds and get us thinking about ways to do things, new concepts, changes in the law that may not be at the forefront of our practices yet.” Conversely, INTA provides them a platform to interact with attorneys who are in the trenches. Among the day's activities is a talk led by in-house counsel from The Coca-Cola Company and Apple.

Students, meanwhile, benefit from meeting practicing attorneys and getting a glimpse of what their careers might look like should they become trademark lawyers. This is the first Annual Meeting that includes talks about networking, resume writing and career opportunities. “This kind of practical stuff is just not being taught in law schools to a lot of law students,” McCarthy says. “Having a program like this specifically designed for law students interested in IP is a treasure.”

Committee members say getting students involved early in their careers increases the likelihood they'll keep participating in the Association once they enter the field. “It raises the profile of the organization with the lawyers of tomorrow,” McCarthy says. “They take with them an understanding of the organization, and hopefully we've done well by them as students.”

A new spin on the functionality doctrine

The day kicks off with the panel “Functionality: Not just for plaintiffs anymore?” Burk, Goldman and Lemley, law professors at the University of California, Irvine; Santa Clara University and Stanford University, respectively, will address cases in recent years that have prompted academics to reassess the functionality doctrine. One such case is Rosetta Stone v. Google.

“The functionality doctrine looks at the trademark owner's use of the mark,” says Susan Montgomery, who teaches at Northeastern University and is moderating the panel. “In Rosetta Stone, the court didn't look at the trademark owners' use of the mark. Instead, it looked at the way Google, the defendant, was using it. Is this a case of turning the functionality doctrine on its head?”

On his blog, Goldman explores the Eastern District of Virginia's ruling that Google's use of trademarks as keyword ads triggers qualifies under the functionality doctrine. The court says that keyword ads “have an essential indexing function because they enable Google to readily identify in its database relevant information in response to a web user's query.”

“This is correct, of course, but doctrinally I think this conclusion better fits into a doctrinal conclusion that Google isn't using the trademark as a mark,” Goldman writes. “Nevertheless, Google and other keyword advertising sellers will be thrilled if other courts accept the functionality defense.”

Burk will address Internet trademarks that are communicative and functional symbols. He proposes that these marks—he calls them cybermarks—don't deserve to be treated as trademarks. “Such cybermarks are not merely indicators of product source, but function both as symbolic indicia for human recognition and as strings of computer code in the operation of automated search and indexing mechanisms,” Burk wrote in an article in the Minnesota Law Review. “Application of trademark law's functionality doctrine, perhaps with some modest amendment, could begin to resolve disputes over the use of cybermarks.”

A prolific writer, Lemley teaches at Stanford Law School and is the director of the university's law, science and technology program as well as its LLM program. INTA's Academic Committee said the three are a natural fit for what's intended to be a conversational event. The professors know each other and bring to the table varying perspectives. “That was the goal in constructing this panel-not only reporting the law, but getting different points of view to where the law should be going,” Oakley says. Montgomery adds that those attending the panel should ask themselves the following: Is this a pivotal development in trademark law? If so, how will it impact my practice or my trademark?

Drawing people in

Some of the day's other highlights include a scholarship symposium where professors can develop their papers and receive feedback from other academics and practitioners. It's the second year the meeting is holding the symposium, for the first time with participants from outside the U.S.

Students will have a working lunch led by members of the Academic Committee. The discussion will focus on student outreach programs and future programming plans. “We're trying to get a stronghold in organizing as many law schools as possible and identifying at least one student per school to advocate participation,” McCarthy says. “These people who are showing interest to come to this program really are the ones we're looking to go back to their schools and be advocates there.”

For professors, lunch involves briefings from in-house IP counsel. “Professors also want to remember what the day-to-day matters are because that can have an effect on policy and law changes,” McCarthy says. “It's a good way to open up that communication.”

One of the last activities of the day is a meeting for adjunct professors. Panelists David Franklyn and J. Thomas McCarthy, of the University of San Francisco School of Law, will share teaching styles and examination techniques. “There's a big interest in that group,” says co-vice chair Karina Dimidjian-Lecomte, partner at Casalonga in Paris and co-vice chair of the Academic Committee. “This program in particular will draw people in.”

Rosetta Stone and functionality

Rosetta Stone sued Google for trademark infringement based on Google's practice of selling AdWords including Rosetta Stone's trademarks to competitors.

The US District Court for the Eastern District of Virginia found that Google could not be held liable for trademark infringement, contributory trademark infringement, vicarious trademark infringement, trademark dilution, unfair competition or unjust enrichment for allowing advertisers to purchase Rosetta Stone's trademarks to use as keywords to trigger sponsored links.

Addressing the issue of intent to infringe, the court said that Google's approach to aggregating information and providing advertising space is “akin to a newspaper or magazine selling advertising space.” Since Google does not sell its own products, “any argument that Google is trying to palm off its goods as those of Rosetta Stone's is unfounded,” said Judge Gerald Bruce Lee.

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Laughter prompts better decisions | View Clip
05/16/2011
Canadian Business - Online

Buying or selling your home can be stressful, but two economists from Santa Clara University are challenging convention. They propose we laugh a bit more if we want to make better financial decisions.

By Romana-King-Blog | Online only

Tags: Financial planning, homebuyer, list price, Real Estate, Romana King, selling a home

Current issue:

Buying or selling your home this spring? Then be prepared to laugh.

A new study by two Santa Clara University economists shows that a good dose of laughter helps boost your mood and prompts more sensible decisions about your financial future.

The study, which had students contemplating future financial gains after watching highlights from stand-up performances by Robin Williams, showed that those in a better mood valued the future more highly than those in a neutral mood.

The study authors, John Ifcher and Homa Zarghamee, believe the findings can have significant impact in developing techniques for helping people make better real-world financial decisions.

So before you decide to put in an offer on a house, or list your home for sale, perhaps you should spend a night chuckling to yourself.

moneysense.ca, 16/05/11

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ERIC GOLDMAN, DIRECTOR OF SANTA CLARA UNIVERSITY'S HIGH TECH LAWINSTITUTE, SAYS THE $500 MILLION FIGURE IS A CLUE AS TO HOW MUCH MONEYGOOGLE WAS MAKING FROM THESE ADS.
05/16/2011
Sunrise Today - WICS-TV

DAVID LOUIE REPORTS ON WHAT IT MEANS TO CONSUMERS, TO GOOGLE, AND TO YOUR LOCAL DRUG STORE. SCRIPT: NO ONE IS HAPPIER TO SEE A FEDERAL CRACKDOWN ON GOOGLE THAN THE NEIGHBORHOOD PHARMACY. PLACES SUCH AS LEITER'S PHARMACY IN SAN JOSE'S ROSE GARDENDISTRICT. GOOGLE SAYS IT'S SETTING ASIDE $500 MILLION, HOPING TO SETTLE ANINVESTIGATION INTO ONLINE ADS IT HAS RUN FOR COMPANIES THAT MAY BE SKIRTINGU. LAW. SUCH AS DISPENSING DRUGS WITHOUT A PRESCRIPTION. SOT"You don't know the manufacturing process, you don't know where thosedrugs are coming from, so that's a huge big hit consumers should really look at and evaluate when they're buying medications online. "LOWER PRICES 20 TO 30 PERCENT LOWER ARE A BIG DRAW TO BUYDRUGS ONLINE FROM UNREGULATED, FOREIGN SOURCES. SOT"I know it's cheaper to go abroad, but do you know what you're getting? So you save a few pennies, but what are you going to do to your health? Ialways buy U. " GOOGLE WON'T TALK ABOUT THE CASE BECAUSE IT'S A PENDING LEGALMATTER. IT LAID OUT ITS PLANS TO PAY OUT $500 MILLION IN A FILING WITH THE USSECURITIES & EXCHANGE COMMISSION. THE PAYMENT WOULD REDUCE ITS FIRST QUARTER PROFITS BY 22 PERCENT, FROM $2.3 BILLION TO $1.8 BILLION. ERIC GOLDMAN, DIRECTOR OF SANTA CLARA UNIVERSITY'S HIGH TECH LAWINSTITUTE, SAYS THE $500 MILLION FIGURE IS A CLUE AS TO HOW MUCH MONEYGOOGLE WAS MAKING FROM THESE ADS. SOT"There are only a lited number of categories where Google makes thatmuch monethey might have to disgourge. This is obviouy an importantrevenue line for them and one that's proven to be problematic. "GOOGLE ALREADY HAS BEGUN RESTRICTING ONLINE DRUG ADS IN ITS SEARCH RESULTS. HOWEVER, CONSUMERS CAN STILL FIND MANY PLACES TO BUY DRUGS ONLINETHAT MAY OR MAY NOT BE AGAINST US LAW. SOT SOT"If the $500 million figure sticks, it would be one of the heftiest payments ever made to settle a federal dispute. In San Jose, David Louie, ABC7 News. "ABC7 News. "WE KNOW WE HAVE A LOT OF DANCING WITH THE STARS FANS, AND THIS MORNING WE HAVE A GIVEAWAY FOR YOU, YOU, ALL THE GLITTER AND GLITZ CAN BE RIGHT IN YOUR LIVING-ROOM! TODAY WE ARE GIVING YOU THE CHANCE TO WIN -DANCING WITH THE STARS "FAT BURNING CARDIO DANCE" &DANCING WITH THE STARS " BUNS & ABS" ON DVD. CALLER NUMBER 3, WINS BOTH OF THE DVD'S. JUST CALL 753-5661GOOD LUCK. 15 DR PHIL : 15 JUDGE JUDY : LETS ANNOUNCE WHO IS TAKING HOME BOTH OF THE DANCING WITH THE STARS DVD'S.

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ERIC GOLDMAN, DIRECTOR OF SANTA CLARA UNIVERSITY'S HIGH TECH LAW INSTITUTE, SAYS THE $500 MILLION FIGURE IS A CLUE AS TO HOW MUCH MONEY GOOGLE WAS MAKING FROM THESE ADS.
05/16/2011
News 13 at Noon - WLOS-TV

PLACES SUCH AS LEITER'S PHARMACY IN SAN JOSE'S ROSE GARDEN DISTRICT. GOOGLE SAYS IT'S SETTING ASIDE $500 MILLION, HOPING TO SETTLE AN INVESTIGATIO N INTO ONLINE ADS IT HAS RUN FOR COMPANIES THAT MAY BE SKIRTING US LAW. SUCH AS DISPENSING DRUGS WITHOUT A PRESCRIPTIO N. SOT "You don't know the manufacturing process, you don't know where those drugs are coming from, so that's a huge big hit consumers should really look at and evaluate when they're buying medications online. " LOWER PRICES 20 TO 30 PERCENT LOWER ARE A BIG DRAW TO BUY DRUGS ONLINE FROM UNREGULATE D, FOREIGN SOURCES. SOT "I know it's cheaper to go abroad, but do you know what you're getting? So you save a few pennies, but what are you going to do to your health? I always buy U. "GOOGLE WON'T TALK ABOUT THE CASE BECAUSE IT'S A PENDING LEGAL MATTER. IT LAID OUT ITS PLANS TO PAY OUT $500 MILLION IN A FILING WITH THE US SECURITIES & EXCHANGE COMMISSION. THE PAYMENT WOULD REDUCE ITS FIRST QUARTER PROFITS BY 22 PERCENT, FROM $2.3 BILLION TO $1.8 BILLION. ERIC GOLDMAN, DIRECTOR OF SANTA CLARA UNIVERSITY'S HIGH TECH LAW INSTITUTE, SAYS THE $500 MILLION FIGURE IS A CLUE AS TO HOW MUCH MONEY GOOGLE WAS MAKING FROM THESE ADS. SOT "There are only a limited number of categories where Google makes that much money they might have to disgourge. This is obviously an important revenue line for them and one that's proven to be problematic. " GOOGLE ALREADY HAS BEGUN RESTRICTING ONLINE DRUG ADS IN ITS SEARCH RESULTS. HOWEVER, CONSUMERS CAN STILL FIND MANY PLACES TO BUY DRUGS ONLINE THAT MAY OR MAY NOT BE AGAINST US LAW. THAT WAS DAVID LOUIE REPORTING. IF THE 500-MILLION DOLLAR FIGURE STICKS, IT WOULD BE ONE OF THE HEFTIEST PAYMENTS EVER MADE TO SETTLE A FEDERAL DISPUTE. THE NUMBER OF HOMEOWNERS MAKING LATE PAYMENTS OR NO PAYMENTS ON THEIR MORTGAGES, FELL FOR THE FIFTH STRAIGHT QUARTER IN THE FIRST 3 MONTHS OF THIS YEAR, BUT THE CREDIT REPORTING AGENCY TRANSUNION SAYS THE FIGURE REMAINS STUBBORNLY HIGH COMPARED WITH THE PRE-CRISIS NORM, LIKELY BECAUSE OF THE HUGE BACKLOG OF HOMES WAITING TO BE FORECLOSED. TRANSUNION SAYS THE RATE OF BORROWERS NATIONWIDE WHO WERE 60 DAYS OR MORE PAST DUE ON THEIR MORTGAGE PAYMENTS FELL TO 6-POINT-19 PERCENT FOR THE 3 MONTHS ENDED MARCH 31ST. DELINQUENCY RATES WERE HIGHEST IN FLORIDA, FOLLOWED BY LAST YEAR'S LEADER, NEVADA. TEENS MIGHT HAVE A HARD TIME FINDING A JOB THIS SUMMER. A STUDY BY NORTHEASTERN UNIVERSITY SAYS EMPLOYMENT RATES FOR TEENS 16 TO 19, HAVE DROPPED FROM 46 PERCENT, TO 27-PERCENT OVER THE PAST DECADE. IN FACT, ANALYSTS SAY WITH TEEN EMPLOYMENT RATES AT THEIR LOWEST SINCE WORLD WAR II, YOUNG ADULTS WILL HAVE TO WORK TWICE AS HARD TO LAND JOBS THIS SUMMER. IT'S BEEN ANYTHING BUT A GOOD YEAR SO FAR FOR THE MOVIE BUSINESS. DOMESTIC BOX- OFFICE REVENUE IS ABOUT 3-POINT-4 BILLION DOLLARS. THAT'S DOWN 13- PERCENT FROM 3-POINT-9-BILLION AT THIS TIME LAST YEAR. HOLLYWOOD. COM' S BOX-OFFICE REPORTING SERVICE ALSO SHOWS ATTENDANCE AT MOVIE THEATRES IS ALSO DOWN ABOUT 14-PERCENT. MORE RAIN IN THE FORECAST FOR FOLKS OUT WEST. STILL TO COME AT NOON, THE RECORD NUMBERS THAT MAKE A SOGGY DAY THE LAST THING THESE FOLKS WANT TO SEE.

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'Mobilizing Conference' for Public Schools Revives '60s-Era Campus Radicalism | View Clip
05/15/2011
Right Wing News

Written By : Donald Douglas

At last weekend's ANSWER's “teach-in” on Afghanistan, one of the speakers was Tamara Khoury of Students Fight Back, a college protest group out of Cal State Fullerton. Ms. Koury denounced the “war economy” that was siphoning funds from public education: “I can't get into my classes, my tuition this year was doubled, and yet hundreds of billions go wage criminal war against innocent people each year. This must end.”

It turns out that Students Fight Back is a

campus front group for the ANSWER Coalition, and the group's support from terrorist-backing organizations is just the beginning. With the the slow pace of economic recovery in California, radical activists around the state are taking advantage of the current “crisis of capitalism” to decry budget cuts and organize “collective action” for the “struggle” of the working class. Check the website for the Mobilizing Conference to Save Public Education. And notice the classic raised fist of international solidarity at the announcement:

Actually, a number of campus “direct action” campaigns have been taking place over the last few weeks. Just this week, activists at CSU Fullerton mounted a protest called “Furlough Fest” to resist the three-day cutbacks that idled the campus. Students “occupied” the college green, and activists set up tents and camped out overnight to decry cancellation of classes.” ANSWER's Students Fight Back was a key organizing cell for an earlier action on September 29th. That event came on the heels of the September 24th mobilization at UC Santa Cruz, which was billed as a part of “a day of action at all UCs across the state.” Dubbed the “Occupation of the Graduate Student Commons at UC Santa Cruz,” the mobilization was an element of the larger campaign of grassroots resistance. According to organizers, “a single day of action, announced in advance, is not enough. Escalation is absolutely necessary.”

The UC Santa Cruz action was quite a serious business. Students occupied campus buildings for five hours, and the university has released a formal policy on police reactions to the demonstrations. One student announced that protesters were sending a message about “an actual shift in power relations.” He said, “We have the capacity, if we act in concert, to stop the university from functioning.” Photographs from the occupation show protesters marching with militant signs, for example: “Demilitarize and De-Privatize Our University,” and “Dismantle UC Regents – Demand Student Collective Self-Determination.”

Marc Bousquet, a hardline professor at Santa Clara University, published an interview with a student cadre at the

Chronicle of Higher Education, “Will Occupation Become a Movement?” The interview followed a second round of direct action at UC Santa Cruz. Bousquet asked what were the next steps for Occupy California!:

We should all look forward to, and prepare ourselves for, a far longer struggle, a struggle for which these actions, regardless of what one thinks of them, do not serve as inspirations but rather as concrete expressions of what is felt by countless others across the system and world.

The is clearly the language of international solidarity and revolutionary struggle.

In the fact,

Socialist Worker, the Marxist-Leninist organ of the International Socialist Organization, published a big background report on the student mobilizing conference, of which the occuption movement is clearly aligned, “Organizing the Fight for Public Education“:

There are different political ideas among of these groups of people, running from moderate liberals to socialists and anarchists, and all points along the spectrum.

And there is no agreement on tactics. Some students and teachers believe that lobbying elected officials is essential, while others have taken direct action to occupy buildings or liberate libraries closed due to budget cuts.

The socialists are particularly invested in the potential of the events to bring about a revolutionary crisis in the state educational system. Last week, Professor Julian DelGaudio, who is the faculty organizer for Long Beach City College's local ANSWER cell, distributed a letter to the editor from the Berkeley Daily Planet, written by Eugene Ruyle, an emeritus professor at Long Beach State: “Don't Let the University Interfere with Your Education“:

As a congressional candidate of the socialist Peace and Freedom Party (District 10, 2008), I would remind everyone that, ultimately, the solution to California's budgetary problems lies in the socialist transformation of the global economy, based on the principles of peace, democracy, equality, and ecology, and led by the workers of the world organized as the ruling class. I do not suggest that students and workers simply wait for The Revolution, however. Instead, I urge them to challenge the existing system …

Again, clear talk of revolutionary transformation. And while Ruyle's manifesto was actually quite bourgeois in its program (salary rollbacks and budget reform are among the planks), it's unlikely that the restless youth will sit around for too long waiting for the legislative and electoral initiatives needed to actualize the left's transformational agenda.

Indeed, students just this week organized a walkout and militant takeover over the library at Fresno State University. According to

Indy Media, the occupation was one of the “largest mobilizations since the 60s”:

The rally before the march was well attended, fluctuating from 100-300 students and faculty. People spoke and expressed their shared rage. This was followed by a march of well over 600 students chanting things like “no cuts! no fees! education should be free!” and “hey! hey! ho! ho! Welty's gotta go!”

It's unclear what impact all of this protest activity will have over the long term. California holds a gubernatorial election next year, and the budget crisis will be the central issue facing the electorate, combined perhaps with a popular movement for constituational change through the initiative process (simple majority to pass the state budget, for example). But like the antiwar student protesters of the 1960s, radical street activists are clearly impatient, militant, and just can't wait. Some of the sponsoring organizations have clear ties to international organizations hostile to the United States, and for a genuine revival of the campust uprisings during the Vietnam era we'd need to see direct action leading to revolutionary agitation and political violence against established authority.

Unlike during the '60s, student protesters today don't have the draft as the central rallying institution of injustice and oppression to resist. Students today will not be sent to fight and die in the jungles of Indochina in an “imperial” war of aggression against the “indigenous” Vietnamese population. Without that, the current movement will lack urgency and historical inevitability.

What's not unlikely, however, is the emergence of a new cadre of communist extremists who form a revolutionary vanguard with plans to topple the capitalist regime. Certainly the ANSWER Coaltion continues its work to speed up the contradictions of capitalism and the triumph of the working class. Should the language of “criminal wars” overseas and “catastrophic” corruption and “privatization” of the university elicit a true violent response, California could well be in for a reprise of the campus violence that rocked the nation during the peace movement years ago.

In 1968, student extremists occupied the campus at Columbia University for five days. College dean Henry Coleman was held hostage for 24 hours. Mark Rudd, the leader of the campus cell of Students for a Democratic Society, described the resistance as leading the way toward a Marxist revolution. Tom Hayden, a SDS national leader, claimed that the Columbia occupation “opened a new tactical stage in the resistance movement.” When police cracked down on protesters, many innocent bystanders got caught up in the violence. Militant organizers used the widening confrontation to expand the coalition seeking to overthrow the system. Protests spread to other universities thereafter. Harvard University was gripped with its own student takeover in 1969. The same violent police response in Cambridge turned the radical minority there into martyrs when police stormed University Hall to put down the unrest. Movement organizers sought to exploit the official response to gain sympathy for communism. Campus turmoil continued, and in October 1969 the Weatherman faction of the SDS organized the Days of Rage protests in Chicago to bring down the system once and for all. Thereafter, throughout the early-1970s, domestic terrorist groups and revolutionary totalitarians continued to make war upon the U.S. government.

And so, forty years later, student activists are pushing to reignite the potential violence of the earlier protest generation. One might well hope that California enjoys an economic recovery in the short term, and that the “crisis of capitalism” is delayed long enough to avoid inevitable bloodshed and mayhem that comes from the kind of militant activism that we're seeing today.

Cross-posted from American Power.

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Our last chance to arise from slumber and seize the future | View Clip
05/15/2011
Irish Times

TOM McENERY : IF, AS Swift said, vision is the art of seeing the invisible, then Ireland has had an abundance of those who were cursed with the absence of it, along with the inability to see what is right before their eyes.

The country is in economic free fall: hundreds of billions owed to foreign banks, ghost estates, politics in disrepute, superficial reform raining down like squalls off the Kerry coast and the populace sometimes rocked by anger and struck dumb by ennui.

Only a few years ago, Ireland, with its great universities, talented workers and creative culture, seemed to reign supreme as the best example of the modern European state. Peace had come to the North and the nation?s history of revolt and reprisal, along with spectre of emigration, had seemingly been consigned to the dustbin of history. What happened? And more importantly, what now?

Well, the obvious is well known, from the recklessness of bankers and their giddy amen choir of governmental cheerleaders, to the sheep-like developers worshipping the craven image of a Los Angeles-style suburbanisation in the hinterland of Dublin. It was worse than farce; it was criminal.

Money that should have gone into building infrastructure, promoting new companies and using the new opportunities of the boom to train a new generation of entrepreneurs at home, not abroad, was squandered. The naysayers, like McWilliams, O?Toole and Kelly along with sceptics from historian Tim Pat Coogan to financier Dermot Desmond, were ignored.

Although the government has changed (mistakes must have consequences) they are now, through Nama and other agencies, busy restructuring failure instead of nurturing success. What comes to mind is that line of Patrick Kavanagh?s poem, Memory of Brother Michael ?. . . we sailed in puddles of the past?. As I read the latest pronouncements from the Government and its Namas and [Bord] Snips, I can only sigh in disbelief. I think in many cases they are saying the right thing, but the key is implementation. That?s what Craig Barrett, chairman of the Irish Technology Leadership Group (ITLG) and former chairman of Intel says. It is where lessons are not being learned.

It is time to think and act anew. Irish officials must implement solutions quickly, before it?s too late, redouble efforts at creating wealth in emerging companies and harness the untapped resources of the Irish diaspora.

There is much talk of this vast diaspora, but its resources are not being utilised. Until the Irish leadership sees that taoiseachs delivering platitudes and bowls of shamrocks will not substitute for meaningful engagement, it never will be utilised.

Here are three suggestions:

Merge IDA, Enterprise Ireland and other agencies involved in economic development into one agency, name a leader, maybe an American chief executive like Craig Barrett, and support innovation, jobs and company formation. Then measure performance, not press releases;

Put whatever resources you can muster into worldwide venture capital funds that have a link beyond the monetary to Ireland, a real eco-system, and make the creation of companies, not reports, their core product;

Instead of abolishing the Seanad, select members who serve at no salary but chosen only from the Irish diaspora. From Silicon Valley select the likes of Craig Barrett, John Hartnett, founder of the ITLG and the Wilde Angel Fund, Conrad Burke of Innovalight and John O Ryan, the inventor behind the dynamic Rovi Corporate.

Add in Maria Shriver, Gabriel Byrne, Chuck Feeney, Niall O?Dowd and Declan Kelly too. And then from across the US, Australia, Canada and globally pick more such people and use them. Don?t lose them in a jumble of compliments and forums. As I once noted, I often found more wisdom in a conversation over a pint in McDaid?s or an hour at San Jose?s Irish Innovation Center than a day of speeches at Farmleigh. Implement, implement, implement as if your future depended on it ? for it surely does.

To re-coin a phrase, we Irish may indeed get a second chance to make a first impression. We can yet win the 21st Century and build a nation of which we can be proud. Instead of the false alternatives of the past few years, we can seize the future and claim the mantle of an innovation economy forged in the Silicon Valley model of experimentation, perseverance and revolutionary success.

The people of Ireland are ripe for such a role. This is the last chance to arise from the slumber of the past and seize the future. The decision, as it always does, rests with the people of Ireland.

Tom McEnery is an author, businessman and lecturer at Santa Clara University and Stanford University. He is the former mayor of San Jose

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Eric goldman, director of Santa clara University's high tech law institute, says the $500 million figure is a clue as to how much money Google was making from these ads.
05/15/2011
News 8 at 10 PM - WQAD-TV

Ready"" to pay the government $500-million to ""settle a dispute"" over running ""online drug ads"" for companies that may be violating US law. Here's David louie with ""what it means"'for all of us. Script: no one is happier to see a federal crackdown on Google than the neighborhood pharmacy. Places such as leiter's pharmacy in San Jose's Rose garden district. Google says it's setting aside $500 million, hoping to settle an investigation into online ads it has run for companies that may be skirting US Law. Such as dispensing drugs without a prescription. Lower prices 20 to 30 percent lower are a big draw to buy drugs online from unregulated, foreign sources. Google won't talk about the case because it's a pending legal matter. It laid out its plans to pay out $500 million in a filing with the US Securities &exchange commission. The payment would reduce its first quarter profits by 22 percent . From $2.3 Billion to $1.8 Billion. Eric goldman, director of Santa clara University's high tech law institute, says the $500 million figure is a clue as to how much money Google was making from these ads. Google already has begun restricting online drug ads in its search results. However, consumers can still find many places to buy drugs online that may or may not be against US Law sot if the $500 million figure sticks, it would be ""one of the heftiest payments"" ever made to settle a federal dispute. He asked a girl to the prom She said yes The school said no But the board has a change of heart We'll tell you why coming up next outcue: "Tonight on according to Jim. " Zzpppp pppx is upon us, but "according to Jim" not everything you see when ""the weather warms up"" grows on you.

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YAHOO IN SPAT WITH PARTNER
05/14/2011
San Jose Mercury News

For years, Yahoo's investment in a once-fledgling Chinese e-commerce company, Alibaba Group, was held up as a rare success story for a Silicon Valley Internet giant in China's emerging online market.

But that marriage has been strained for many months, and the latest blowup could prove costly to Yahoo and its shareholders. It came earlier this week when Yahoo announced that Alibaba Group, in which it owns a 40 percent stake, transferred its highly valuable online payment business, Alipay, to a separate company controlled by Alibaba Group founder and CEO Jack Ma without telling the board or shareholders.

Yahoo's account of the transfer was disputed Friday by Alibaba Group spokesman John Spelich, who said in a statement that Alipay was transferred to a Chinese-owned entity to comply with new licensing regulations, and that the transfer had been discussed for three years by the company's board, on which Yahoo has a seat. He added that the board was told in July 2009 that "majority shareholding in Alipay had been transferred to Chinese ownership."

A source close to Yahoo, however, said the Alibaba Group's statement referred to board discussions about a "temporary" restructuring of Alipay, which remained under the Alibaba Group's control, financially and operationally. The group's management was instructed to present a long-term plan to meet new licensing regulations that might prevent foreigners from holding majority stakes in online-payment companies, according to the source, who asked for anonymity because the source was not authorized to speak about the issue.

Yahoo, in a statement Friday, reiterated that it and Softbank, the other foreign investors in the company, learned about the transfer of Alipay on March 31 and that it occurred "without the knowledge or approval of the Alibaba Group board of directors and shareholders." The company added that it "is in active and constructive negotiations" with Alibaba Group.

Shareholders rattled

News of the dispute stunned shareholders, many of whom believe Yahoo's stake in the Alibaba Group is one of its most valuable assets. In a note earlier this month, Greenlight Capital hedge-fund manager David Einhorn said Yahoo's position in Alibaba Group might be "ultimately worth Yahoo's entire current market value."

The sudden uncertainty around Alipay rattled shareholders, causing Yahoo stock to plunge nearly 11 percent since the disagreement became public Tuesday. Yahoo shares closed Friday at $16.55, down almost 4 percent for the day.

"You wouldn't think this could happen when you are talking about a multinational company like Yahoo and one of the biggest Chinese Internet companies," said Scott Kessler, an analyst with Standard & Poor's Equity Group.

Caris & Co. analyst Sandeep Aggarwal estimates the value of Alipay and Taobao, the group's online auction and online shopping site, at $12 billion to $15 billion.

"This is an issue of international concern," he said. "We expect they will be able to resolve this."

Alipay is a key online-payments player in China's emerging Internet market, and its value is sure to grow. Losing its financial stake in Alipay could be a tough blow for Yahoo, which in December announced it would cut 600 jobs, or about 4 percent of its employees, the third wave of layoffs since Carol Bartz became CEO in early 2009. Last month, Yahoo reported a 28 percent drop in profits, to $225 million, and a 24 percent drop in revenue, to $1.2 billion, for its most recent quarter.

Should the companies fail to come to an agreement, Yahoo's only option might be to seek arbitration in China, said Anna Han, a specialist in international business transactions and technology licensing at Santa Clara University.

"Yahoo would need to prove that this sale hurt the company and that it violated the corporate rules of China and or the internal bylaws of the company," she said.

When Yahoo invested $1 billion in Alibaba Group in 2005, the young Chinese company badly needed the money to compete against eBay in China. It also benefited from the cachet of partnering with a global Internet giant.

A cautionary tale

Yahoo, on the other hand, was happy to hand over its struggling operations in China to seasoned Chinese Internet executives. The deal was consumated after Ma, a former English teacher who is now one of the most admired entrepreneurs in China, and Yahoo co-founder Jerry Yang struck up a friendship that is said to continue today.

But now, "Yahoo needs Alibaba more than Alibaba needs Yahoo," said Mark Natkin, managing director of Beijing-based Marbridge Consulting.

Last year, the unraveling relationship was further frayed when Yahoo issued a statement in support of Google after that company had been hit by cyber-attacks in China, an assault that eventually led Google to stop censoring its searches in defiance of the communist government. The Alibaba Group, in its own statement, rebuked its partner, calling Yahoo's remarks "reckless given the lack of facts. Alibaba doesn't share this view."

The Alibaba Group, which is based in Hangzhou, has sought an end to the relationship, but Yahoo hasn't been interested in selling its stake. In February, Chinese media reported that Alibaba executives visited Silicon Valley and failed to pay a courtesy visit to Yahoo.

Yahoo's plight is a cautionary tale to investors eyeing the world's largest Internet market, where companies play by different rules, Han said.

"It's a warning about how Chinese companies in joint ventures operate," she said. "There is a lack of transparency. You don't really know what happens behind closed doors."

Contact John Boudreau at 408-278-3496.

Copyright © 2011 San Jose Mercury News

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Yahoo and Chinese partner in messy spat | View Clip
05/14/2011
San Jose Mercury News - Online

For years, Yahoo's investment in a once-fledgling Chinese e-commerce company, Alibaba Group, was held up as a rare success story for a Silicon Valley Internet giant in China's emerging online market.

But that marriage has been strained for many months, and the latest blowup could prove costly to Yahoo and its shareholders. It came earlier this week when Yahoo announced that Alibaba Group, in which it owns a 40 percent stake, transferred its highly valuable online payment business, Alipay, to a separate company controlled by Alibaba Group founder and CEO Jack Ma without telling the board or shareholders.

Yahoo's account of the transfer was disputed Friday by Alibaba Group spokesman John Spelich, who said in a statement that Alipay was transferred to a Chinese-owned entity to comply with new licensing regulations, and that the transfer had been discussed for three years by the company's board, on which Yahoo has a seat. He added that the board was told in July 2009 that "majority shareholding in Alipay had been transferred to Chinese ownership."

A source close to Yahoo, however, said the Alibaba Group's statement referred to board discussions about a "temporary" restructuring of Alipay, which remained under the Alibaba Group's control, financially and operationally. The group's management was instructed to present a long-term plan to meet new licensing regulations that might prevent foreigners from holding majority stakes in online-payment

companies, according to the source, who asked for anonymity because the source was not authorized to speak about the issue.

Yahoo, in a statement Friday, reiterated that it and Softbank, the other foreign investors in the company, learned about the transfer of Alipay on March 31 and that it occurred "without the knowledge or approval of the Alibaba Group board of directors and shareholders." The company added that it "is in active and constructive negotiations" with Alibaba Group.

Shareholders rattled

News of the dispute stunned shareholders, many of whom believe Yahoo's stake in the Alibaba Group is one of its most valuable assets. In a note earlier this month, Greenlight Capital hedge-fund manager David Einhorn said Yahoo's position in Alibaba Group might be "ultimately worth Yahoo's entire current market value."

The sudden uncertainty around Alipay rattled shareholders, causing Yahoo stock to plunge nearly 11 percent since the disagreement became public Tuesday. Yahoo shares closed Friday at $16.55, down almost 4 percent for the day.

"You wouldn't think this could happen when you are talking about a multinational company like Yahoo and one of the biggest Chinese Internet companies," said Scott Kessler, an analyst with Standard & Poor's Equity Group.

Caris & Co. analyst Sandeep Aggarwal estimates the value of Alipay and Taobao, the group's online auction and online shopping site, at $12 billion to $15 billion.

"This is an issue of international concern," he said. "We expect they will be able to resolve this."

Alipay is a key online-payments player in China's emerging Internet market, and its value is sure to grow. Losing its financial stake in Alipay could be a tough blow for Yahoo, which in December announced it would cut 600 jobs, or about 4 percent of its employees, the third wave of layoffs since Carol Bartz became CEO in early 2009. Last month, Yahoo reported a 28 percent drop in profits, to $225 million, and a 24 percent drop in revenue, to $1.2 billion, for its most recent quarter.

Should the companies fail to come to an agreement, Yahoo's only option might be to seek arbitration in China, said Anna Han, a specialist in international business transactions and technology licensing at Santa Clara University.

"Yahoo would need to prove that this sale hurt the company and that it violated the corporate rules of China and or the internal bylaws of the company," she said.

When Yahoo invested $1 billion in Alibaba Group in 2005, the young Chinese company badly needed the money to compete against eBay in China. It also benefited from the cachet of partnering with a global Internet giant.

A cautionary tale

Yahoo, on the other hand, was happy to hand over its struggling operations in China to seasoned Chinese Internet executives. The deal was consumated after Ma, a former English teacher who is now one of the most admired entrepreneurs in China, and Yahoo co-founder Jerry Yang struck up a friendship that is said to continue today.

But now, "Yahoo needs Alibaba more than Alibaba needs Yahoo," said Mark Natkin, managing director of Beijing-based Marbridge Consulting.

Last year, the unraveling relationship was further frayed when Yahoo issued a statement in support of Google after that company had been hit by cyber-attacks in China, an assault that eventually led Google to stop censoring its searches in defiance of the communist government. The Alibaba Group, in its own statement, rebuked its partner, calling Yahoo's remarks "reckless given the lack of facts. Alibaba doesn't share this view."

The Alibaba Group, which is based in Hangzhou, has sought an end to the relationship, but Yahoo hasn't been interested in selling its stake. In February, Chinese media reported that Alibaba executives visited Silicon Valley and failed to pay a courtesy visit to Yahoo.

Yahoo's plight is a cautionary tale to investors eyeing the world's largest Internet market, where companies play by different rules, Han said.

"It's a warning about how Chinese companies in joint ventures operate," she said. "There is a lack of transparency. You don't really know what happens behind closed doors."

Contact John Boudreau at 408-278-3496.

Return to Top



Yahoo and Chinese partner in messy spat | View Clip
05/14/2011
SiliconValley.com

More Yahoo

For years, Yahoo's investment in a once-fledgling Chinese e-commerce company, Alibaba Group, was held up as a rare success story for a Silicon Valley Internet giant in China's emerging online market.

But that marriage has been strained for many months, and the latest blowup could prove costly to Yahoo and its shareholders. It came earlier this week when Yahoo announced that Alibaba Group, in which it owns a 40 percent stake, transferred its highly valuable online payment business, Alipay, to a separate company controlled by Alibaba Group founder and CEO Jack Ma without telling the board or shareholders.

Yahoo's account of the transfer was disputed Friday by Alibaba Group spokesman John Spelich, who said in a statement that Alipay was transferred to a Chinese-owned entity to comply with new licensing regulations, and that the transfer had been discussed for three years by the company's board, on which Yahoo has a seat. He added that the board was told in July 2009 that "majority shareholding in Alipay had been transferred to Chinese ownership."

A source close to Yahoo, however, said the Alibaba Group's statement referred to board discussions about a "temporary" restructuring of Alipay, which remained under the Alibaba Group's control, financially and operationally. The group's management was instructed to present a long-term plan to meet new licensing regulations that might prevent foreigners from holding majority stakes in online-payment

companies, according to the source, who asked for anonymity because the source was not authorized to speak about the issue.

Yahoo, in a statement Friday, reiterated that it and Softbank, the other foreign investors in the company, learned about the transfer of Alipay on March 31 and that it occurred "without the knowledge or approval of the Alibaba Group board of directors and shareholders." The company added that it "is in active and constructive negotiations" with Alibaba Group.

Shareholders rattled

News of the dispute stunned shareholders, many of whom believe Yahoo's stake in the Alibaba Group is one of its most valuable assets. In a note earlier this month, Greenlight Capital hedge-fund manager David Einhorn said Yahoo's position in Alibaba Group might be "ultimately worth Yahoo's entire current market value."

The sudden uncertainty around Alipay rattled shareholders, causing Yahoo stock to plunge nearly 11 percent since the disagreement became public Tuesday. Yahoo shares closed Friday at $16.55, down almost 4 percent for the day.

"You wouldn't think this could happen when you are talking about a multinational company like Yahoo and one of the biggest Chinese Internet companies," said Scott Kessler, an analyst with Standard & Poor's Equity Group.

Caris & Co. analyst Sandeep Aggarwal estimates the value of Alipay and Taobao, the group's online auction and online shopping site, at $12 billion to $15 billion.

"This is an issue of international concern," he said. "We expect they will be able to resolve this."

Alipay is a key online-payments player in China's emerging Internet market, and its value is sure to grow. Losing its financial stake in Alipay could be a tough blow for Yahoo, which in December announced it would cut 600 jobs, or about 4 percent of its employees, the third wave of layoffs since Carol Bartz became CEO in early 2009. Last month, Yahoo reported a 28 percent drop in profits, to $225 million, and a 24 percent drop in revenue, to $1.2 billion, for its most recent quarter.

Should the companies fail to come to an agreement, Yahoo's only option might be to seek arbitration in China, said Anna Han, a specialist in international business transactions and technology licensing at Santa Clara University.

"Yahoo would need to prove that this sale hurt the company and that it violated the corporate rules of China and or the internal bylaws of the company," she said.

When Yahoo invested $1 billion in Alibaba Group in 2005, the young Chinese company badly needed the money to compete against eBay in China. It also benefited from the cachet of partnering with a global Internet giant.

A cautionary tale

Yahoo, on the other hand, was happy to hand over its struggling operations in China to seasoned Chinese Internet executives. The deal was consumated after Ma, a former English teacher who is now one of the most admired entrepreneurs in China, and Yahoo co-founder Jerry Yang struck up a friendship that is said to continue today.

But now, "Yahoo needs Alibaba more than Alibaba needs Yahoo," said Mark Natkin, managing director of Beijing-based Marbridge Consulting.

Last year, the unraveling relationship was further frayed when Yahoo issued a statement in support of Google after that company had been hit by cyber-attacks in China, an assault that eventually led Google to stop censoring its searches in defiance of the communist government. The Alibaba Group, in its own statement, rebuked its partner, calling Yahoo's remarks "reckless given the lack of facts. Alibaba doesn't share this view."

The Alibaba Group, which is based in Hangzhou, has sought an end to the relationship, but Yahoo hasn't been interested in selling its stake. In February, Chinese media reported that Alibaba executives visited Silicon Valley and failed to pay a courtesy visit to Yahoo.

Yahoo's plight is a cautionary tale to investors eyeing the world's largest Internet market, where companies play by different rules, Han said.

"It's a warning about how Chinese companies in joint ventures operate," she said. "There is a lack of transparency. You don't really know what happens behind closed doors."

Contact John Boudreau at 408-278-3496.

Return to Top



Google Is Said to Have Broken Internal Rules on Drug Ads | View Clip
05/14/2011
Pittsburgh Post-Gazette - Online

SAN FRANCISCO -- Google allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department and the United States attorney for Rhode Island, Peter F. Neronha, are involved.

Web companies can be held liable for advertising on their sites that breaks federal criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

"How much of Google's overall revenues are tied to product lines that are questionable?" he said. "For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind."

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The Food and Drug Administration's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Mr. Levitt said. He said he discussed this with the United States attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The F.D.A. and the United States attorney's office in Rhode Island also declined to comment.

"The U.S. attorney asked me why Google was allowing such rogue sites to advertise," Mr. Levitt said. "I responded that I did not know. I still don't know. We were never the gatekeeper for Google." It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



Google accepted ads from rogue pharmacies, firm says | View Clip
05/14/2011
Chico Enterprise Record - Online

SAN FRANCISCO -- Google (GOOG) allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com,

which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department and the U.S. attorney for Rhode Island, Peter Neronha, are involved.

Web companies can be held liable for advertising on their sites that breaks federal

criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

"How much of Google's overall revenues are tied to product lines that are questionable?" he said. "For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind."

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The FDA's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Levitt said. He said he discussed this with the U.S. attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The FDA and the U.S. attorney's office in Rhode Island also declined to comment.

"The U.S. attorney asked me why Google was allowing such rogue sites to advertise," Levitt said. "I responded that I did not know. I still don't know. We were never the gatekeeper for Google."

It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



Google accepted ads from rogue pharmacies, firm says | View Clip
05/14/2011
San Jose Mercury News - Online

SAN FRANCISCO -- Google (GOOG) allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com,

which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department and the U.S. attorney for Rhode Island, Peter Neronha, are involved.

Web companies can be held liable for advertising on their sites that breaks federal

criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

"How much of Google's overall revenues are tied to product lines that are questionable?" he said. "For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind."

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The FDA's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Levitt said. He said he discussed this with the U.S. attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The FDA and the U.S. attorney's office in Rhode Island also declined to comment.

"The U.S. attorney asked me why Google was allowing such rogue sites to advertise," Levitt said. "I responded that I did not know. I still don't know. We were never the gatekeeper for Google."

It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



Google accepted ads from rogue pharmacies, firm says | View Clip
05/14/2011
InsideBayArea.com

SAN FRANCISCO -- Google (GOOG) allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department and the U.S. attorney for Rhode Island, Peter Neronha, are involved.

Web companies can be held liable for advertising on their sites that breaks federal

criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

"How much of Google's overall revenues are tied to product lines that are questionable?" he said. "For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind."

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The FDA's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Levitt said. He said he discussed this with the U.S. attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The FDA and the U.S. attorney's office in Rhode Island also declined to comment.

"The U.S. attorney asked me why Google was allowing such rogue sites to advertise," Levitt said. "I responded that I did not know. I still don't know. We were never the gatekeeper for Google."

It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



Google Is Said to Have Broken Internal Rules on Drug Ads | View Clip
05/14/2011
Sarasota Herald-Tribune - Online

SAN FRANCISCO — Google allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department  and the United States attorney for Rhode Island, Peter F. Neronha,  are involved.

Web companies can be held liable for advertising on their sites that breaks federal criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

“How much of Google's overall revenues are tied to product lines that are questionable?” he said. “For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind.”

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The Food and Drug Administration's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Mr. Levitt said. He said he discussed this with the United States attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The F.D.A. and the United States attorney's office in Rhode Island also declined to comment.

“The U.S. attorney asked me why Google was allowing such rogue sites to advertise,” Mr. Levitt said. “I responded that I did not know. I still don't know. We were never the gatekeeper for Google.” It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



Google Is Said to Have Broken Internal Rules on Drug Ads | View Clip
05/14/2011
Houma Courier - Online

SAN FRANCISCO — Google allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department  and the United States attorney for Rhode Island, Peter F. Neronha,  are involved.

Web companies can be held liable for advertising on their sites that breaks federal criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

“How much of Google's overall revenues are tied to product lines that are questionable?” he said. “For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind.”

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The Food and Drug Administration's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Mr. Levitt said. He said he discussed this with the United States attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The F.D.A. and the United States attorney's office in Rhode Island also declined to comment.

“The U.S. attorney asked me why Google was allowing such rogue sites to advertise,” Mr. Levitt said. “I responded that I did not know. I still don't know. We were never the gatekeeper for Google.” It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



Firm Says Google Accepted Ads From Rogue Pharmacies
05/14/2011
New York Times, The

SAN FRANCISCO -- Google allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department and the United States attorney for Rhode Island, Peter F. Neronha, are involved.

Web companies can be held liable for advertising on their sites that breaks federal criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

''How much of Google's overall revenues are tied to product lines that are questionable?'' he said. ''For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind.''

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The Food and Drug Administration's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Mr. Levitt said. He said he discussed this with the United States attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The F.D.A. and the United States attorney's office in Rhode Island also declined to comment.

''The U.S. attorney asked me why Google was allowing such rogue sites to advertise,'' Mr. Levitt said. ''I responded that I did not know. I still don't know. We were never the gatekeeper for Google.'' It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Copyright © 2011 The New York Times Company

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Google Is Said to Have Broken Internal Rules on Drug Ads | View Clip
05/14/2011
Lexington Dispatch - Online, The

SAN FRANCISCO — Google allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department  and the United States attorney for Rhode Island, Peter F. Neronha,  are involved.

Web companies can be held liable for advertising on their sites that breaks federal criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

“How much of Google's overall revenues are tied to product lines that are questionable?” he said. “For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind.”

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The Food and Drug Administration's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Mr. Levitt said. He said he discussed this with the United States attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The F.D.A. and the United States attorney's office in Rhode Island also declined to comment.

“The U.S. attorney asked me why Google was allowing such rogue sites to advertise,” Mr. Levitt said. “I responded that I did not know. I still don't know. We were never the gatekeeper for Google.” It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



Google Is Said to Have Broken Internal Rules on Drug Ads | View Clip
05/14/2011
Times-News - Online

SAN FRANCISCO — Google allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department  and the United States attorney for Rhode Island, Peter F. Neronha,  are involved.

Web companies can be held liable for advertising on their sites that breaks federal criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

“How much of Google's overall revenues are tied to product lines that are questionable?” he said. “For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind.”

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The Food and Drug Administration's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Mr. Levitt said. He said he discussed this with the United States attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The F.D.A. and the United States attorney's office in Rhode Island also declined to comment.

“The U.S. attorney asked me why Google was allowing such rogue sites to advertise,” Mr. Levitt said. “I responded that I did not know. I still don't know. We were never the gatekeeper for Google.” It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



GOOGLE BEING PROBED FOR DRUG ADS
05/14/2011
San Jose Mercury News

SAN FRANCISCO -- Google allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department and the U.S. attorney for Rhode Island, Peter Neronha, are involved.

Web companies can be held liable for advertising on their sites that breaks federal criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

"How much of Google's overall revenues are tied to product lines that are questionable?" he said. "For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind."

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The FDA's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Levitt said. He said he discussed this with the U.S. attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The FDA and the U.S. attorney's office in Rhode Island also declined to comment.

"The U.S. attorney asked me why Google was allowing such rogue sites to advertise," Levitt said. "I responded that I did not know. I still don't know. We were never the gatekeeper for Google."

It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Copyright © 2011 San Jose Mercury News

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U.S. investigating Google over ads by unlawful online pharmacies
05/14/2011
International Herald Tribune

U.S. regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the "potential resolution of an investigation by the U.S. Department of Justice into the use of Google advertising by certain advertisers" but gave no details.

The U.S. attorney's office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine, and the U.S. Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed that there was a continuing investigation. The U.S. attorney's office in Rhode Island would neither confirm nor deny the inquiry.

Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as "an ongoing, escalating cat-and-mouse game."

Copyright © 2011 The New York Times

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Facebook wagesPRwar on Google | View Clip
05/14/2011
Daily News, The

Stealth campaign unraveled after attempts to plant negative stories on rival services ◾ BY PATRICKMAY

Bay Area News Group

In an unfolding tale of Silicon Valley skulduggery, Facebook on Thursday fessed up to hiring a top-drawer PR firm to bash rival Google by planting negative stories in newspapers and across the blogosphere.

The social networking giant's admission that it had hired Burson-Marsteller to rustle up reporters and bloggers to attack the search giant for violating Facebook users' privacy was just the first of several shoes to drop.

Burson quickly admitted it “undertook an assignment” for Palo Alto-based Facebook, then said accepting the assignment “was not standard procedure” and that it should never have done it. And while Google did not return repeated requests for interviews, company spokesman Chris Gaither, with typical Google whimsy, told USA Today that “we're not going to comment further. Our focus is on delighting people with great products.”

As two of the valley's titans fought the latest skirmish in what some think is shaping up as the Internet's biggest battle ever, observers were left amused and scratching their heads.

“It's on like Donkey Kong between Facebook and Google, seeking victory by any means,” said Santa Clara University law professor Eric Goldman. “But I'm a little perplexed about why Facebook decided to try and stir the pot through a PR agency. If they wanted to call out Google, then call them out publicly.”

‘Whisper campaign'

But public was not the way Facebook wanted to roll. The stealth campaign started to unravel last week after two Burson agents, including former CNBC news anchorman Jim Goldman, stepped up what USA Today called “a whisper campaign.” The plan was to get top-tier media outlets to run news stories and editorials about how an obscure Google Gmail feature called Social Circle ostensibly violates Facebook users' privacy.

Burson operative John Mercurio emailed former Federal Trade Commission researcher and blogger Christopher Soghoian, making a vague pitch for him to pen a Google-bashing “op-ed this week for a top-tier media outlet on an important issue that I know you're following closely.” And in one pot-calling-the-kettle-black passage, Mercurio wrote, “Google, as you know, has a well-known history of infringing on the privacy rights of America's Internet users.”

But when Soghoian started asking pesky questions, like “Who is paying for this? (not paying me, but paying you),” Facebook's secret mission began to implode. Smelling something fishy,

FACEBOOK, page A5

FACEBOOK

From page A1

Soghoian posted the full email text of Mercurio's pitch — along with his rejection — on the Internet. Daily Beast blogger Dan Lyons then pieced together the clues and figured out that Facebook was behind the spin campaign.

Much to Facebook's embarrassment, their spinmeisters had reached out to the wrong hack.

“Facebook did make a mistake, and the mistake is when you're dealing with a reporter, particularly one you don't know, you shouldn't hide who you're working for,” said one Bay Area public-relations executive who asked that his name not be used in order to avoid embarrassing his clients. “It's part of competition to share concerns you have about your competitors' products and services, and that's a natural part of business.”

When he read of Facebook's campaign, industry analyst Tim Bajarin said, “I had to laugh. I've been doing this for 30 years and I see this stuff all the time, because PR companies are responsible for trying to make their clients look the best they can. How Facebook's PR team went about it was a little unorthodox perhaps, but they were just doing their job.”

Still, Facebook felt bad about the whole mess. “The issues are serious and we should have presented them in a serious and transparent way,” the company said in a statement.

Battle for advertising buck

The scandal highlights the battle between the two Goliaths over control of the lion's share of the lucrative online advertising business. With its 600 million members, Facebook is increasingly exploiting its treasure trove of personal user data by targeting ads, putting it in conflict with the Mountain View-based search giant.

Competition between the two companies was underscored recently when Google CEO and co-founder Larry Page put out a memo letting staff know that social networking was a top priority for Google — so much so that a quarter of every Googler's bonus this year reportedly will be based on how well the search company does in the social realm.

Roger Kay, an analyst with Endpoint Technologies in Massachusetts and a blogger for Forbes, said Burson's failure to keep the stealth campaign stealthy effectively made Facebook tip its hand in a high-stakes game of online domination.

“This shows the world that Facebook is really focused on Google as its main competitor, which many people might not have fully realized,” he said. “The nightmare scenario for Facebook is that all the data they've gathered and stored about their members over time could now be threatened by Google.”

Rivalry out in open now

Facebook's beef driving the campaign, according to Burson, is that Google has been scraping private data from Facebook's membership base to “build deeply personal dossiers on millions of users.” Specifically, Facebook says Google's Social Circle, which allows people with Gmail accounts to see information not only about their Facebook friends but also about the friends of their friends, is a violation of members' privacy. Google would not comment.

If Google “is able to take out its big camera and take a huge snapshot of that metadata and somehow monetize all that information, that prospect obviously scares the bejesus out of Facebook,” Kay said.

For now, Google remains king of search and Facebook remains king of social media. “But if both companies are trying to monetize that same private data, it seems like they're now set on a direct collision course,” said Kay. “And this won't be the last time that that battle breaks into the open.”

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Fremont school gears up for science fair | View Clip
05/14/2011
Argus, The

Oakland Tribune

FREMONT -- Warm Springs Elementary School is gearing up for a science fair to encourage long-standing relationships among students, parents, industry, higher education and research.

Science Alliance Week, from Monday to Friday, is the culmination of yearlong activities at the school.

It will focus on clean technology and sustainability, underlining the importance of science and technology in society and how it can be implemented into the curriculum to prepare students for jobs in a changing work environment.

Students will set up their science fair boards Tuesday in the multiuse room at the school, 47370 Warm Springs Blvd. They will be judged Wednesday and winners will be announced Thursday.

Presenters from higher education and business will speak Thursday. They will include Kevin Surace, CEO of Sunnyvale-based Serious Materials, which provides high-tech products and services that reduce energy usage; Vance Vredenberg, assistant professor at San Francisco State University; Jack Newman, co-founder of the Emeryville-based Amyris, which provides renewable chemicals and transportation fuels; and Bill James, founder and CEO of JPods, supplier of energy-efficient transportation solutions.

There will be cutting-edge technology demonstrations that night from BART, Sun Power, Santa Clara University, Solyndra, Abbott Vascular, Coulomb Technologies, Bloom Energy and Adobe, and food from Jamba Juice, ZPizza and Una Mas.

Afterward, Assemblyman

Bob Wieckowski will moderate a panel discussion on "Science and Solutions for Tomorrow: Reinventing Suburbia."

Panelists will be James of JPods, Chris Busch of the Apollo Initiative, Mike Hart of Sierra Energy, Michelle Mesler of IBM and Randy Knox of Adobe.

Finally, students will return to their classrooms Friday to discuss what they've learned and how they will use that information.

Contact Rob Dennis at 510-353-7010.

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Advanced therapeutic delivery technologies for orthopedic and dental infectious diseases. | View Clip
05/14/2011
Med Tech Sentinel

Silver Bullet Therapeutics

797 Dry Creek Road

Campbell, CA 95008 USA

phone:(408) 891-6361

fax:(866) 941-5853

Symbol Private

Founded 2009

Employees 3

Summary Description

Management Team: Paul Chirico, Founder, President & CEO --Previous Founder, President & CEO of SpineAlign Medical, Inc. --Over 30 years in the medical profession --BS Biology/MBA Accounting emphasis Santa Clara University Bohdan Chopko, Ph.D, M.D., Founder & Chief Med Officer --Staff Neurosurgeon, MedCentral Health Systems, Mansfield, Ohio, 2000 to present --Medical Director, Neuroendovascular Surgery Laboratory, MedCentral Health Systems Houdin Dehnad,Ph.D., Founder, Director of R&D --Previous Project Lead & Scientist with Alza, Micrus Corp. & Guidant --Over 20 years in the medical profession Board of Directors Ernest Mario, Ph.D --Dr. Mario is Chairman & CEO of Capnia, Inc. --Previous President & CEO Alza Pharmaceuticals,Inc. --Board of Directors Boston Scientific & six others Carl Simpson --Over 40 years in medical device market --Co-Founder of ACS --Founder of Coronis Medical Incubator Patrick G. Lynn --Founder and Executive Chairman of Satoris, Inc. --Co-founder and CEO of Rinat Neuroscience --Over 20 years in the medical profession

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'Reaching Out' at Salinas' Alisal Center for the Fine Arts: A Leo Cortez play | View Clip
05/13/2011
Salinas Californian - Online, The

Actors Ozioma Akagha and Brendan Cataldo portray the life of Francisco Jimenez during Leo Cortez's play "Reaching Out" on Thursday at the Alisal Center for the Fine Arts in Salinas. Cortez adapted the play from Jimenez's autobiography, which recounts the challenges Francisco faced in his efforts to continue his education at Santa Clara University. / Conner Jay

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Brendan Cataldo portrays Francisco Jimenez during the play. / Conner Jay

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U.S. Inquiry Of Google On Drug Ads | View Clip
05/13/2011
Pittsburgh Post-Gazette - Online

Federal regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the "potential resolution of an investigation by the United States Department of Justice into the use of Google advertising by certain advertisers," but gave no details.

The United States attorney's office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine and the Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed there was a continuing investigation. Jim Martin, a spokesman for the United States attorney's office in Rhode Island, said, "We neither confirm or deny the existence of an investigation."

Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as "an ongoing, escalating cat-and-mouse game."

In February 2010, Google changed its AdWords policy to accept ads only from pharmacies certified by the National Association Boards of Pharmacy in the United States or the Canadian International Pharmacy Association. Previously, Google had accepted ads verified by a company called PharmacyChecker.com.

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U.S. Inquiry of Google on Drug Ads | View Clip
05/13/2011
Sarasota Herald-Tribune - Online

Federal regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the “potential resolution of an investigation by the United States Department of Justice into the use of Google advertising by certain advertisers,” but gave no details.

The United States attorney's office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine and the Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed there was a continuing investigation. Jim Martin, a spokesman for the United States attorney's office in Rhode Island, said, “We neither confirm or deny the existence of an investigation.”

Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as “an ongoing, escalating cat-and-mouse game.”

In February 2010, Google changed its AdWords policy to accept ads only from pharmacies certified by the National Association Boards of Pharmacy in the United States or the Canadian International Pharmacy Association. Previously, Google had accepted ads verified by a company called PharmacyChecker.com.

In September 2010, Google filed a civil lawsuit in federal court against pharmaceutical advertisers that it believed had broken its advertising rules.

“Rogue pharmacies are bad for our users, for legitimate online pharmacies and for the entire e-commerce industry — so we are going to keep investing time and money to stop these kinds of harmful practices,” Mr. Zwibelman wrote in a company blog post at the time.

It is unclear why the investigation and penalty are coming now, after Google's cleanup efforts.

Google said the $500 million charge reduced its net income last quarter by 22 percent, to $1.8 billion from $2.3 billion. “We believe it will not have a material adverse effect on our business,” the company said in the S.E.C. filing.

The investigation is Google's latest run-in with regulators, who have also been investigating the company on, and in some cases penalizing it for, antitrust issues and privacy violations.

Gabriel Levitt, vice president of PharmacyChecker.com, said that Google's measures to crack down on rogue pharmacy ads went too far, preventing people from getting drugs they needed.

But critics of online pharmacies say that Google and other Web sites feed the business.

“It's very hard to police these sites because they change every couple of days,” said Joseph A. Califano Jr., founder of the National Center on Addiction and Substance Abuse at Columbia University. “The only things that keeps them in business are the Googles of the world.”

The focus of the investigation was first reported by The Wall Street Journal on its Web site.

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U.S. Inquiry Into Google On Drug Ads
05/13/2011
New York Times, The

Federal regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the ''potential resolution of an investigation by the United States Department of Justice into the use of Google advertising by certain advertisers,'' but gave no details.

The United States attorney's office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine and the Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed there was a continuing investigation. Jim Martin, a spokesman for the United States attorney's office in Rhode Island, said, ''We neither confirm or deny the existence of an investigation.''

Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as ''an ongoing, escalating cat-and-mouse game.''

In February 2010, Google changed its AdWords policy to accept ads only from pharmacies certified by the National Association Boards of Pharmacy in the United States or the Canadian International Pharmacy Association. Previously, Google had accepted ads verified by a company called PharmacyChecker.com.

In September 2010, Google filed a civil lawsuit in federal court against pharmaceutical advertisers that it believed had broken its advertising rules.

''Rogue pharmacies are bad for our users, for legitimate online pharmacies and for the entire e-commerce industry -- so we are going to keep investing time and money to stop these kinds of harmful practices,'' Mr. Zwibelman wrote in a company blog post at the time.

It is unclear why the investigation and penalty are coming now, after Google's cleanup efforts.

Google said the $500 million charge reduced its net income last quarter by 22 percent, to $1.8 billion from $2.3 billion. ''We believe it will not have a material adverse effect on our business,'' the company said in the S.E.C. filing.

The investigation is Google's latest run-in with regulators, who have also been investigating the company on, and in some cases penalizing it for, antitrust issues and privacy violations.

Gabriel Levitt, vice president of PharmacyChecker.com, said that Google's measures to crack down on rogue pharmacy ads went too far, preventing people from getting drugs they needed.

But critics of online pharmacies say that Google and other Web sites feed the business.

''It's very hard to police these sites because they change every couple of days,'' said Joseph A. Califano Jr., founder of the National Center on Addiction and Substance Abuse at Columbia University. ''The only things that keeps them in business are the Googles of the world.''

The focus of the investigation was first reported by The Wall Street Journal on its Web site.

Copyright © 2011 The New York Times Company

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U.S. Inquiry of Google on Drug Ads | View Clip
05/13/2011
Gainesville Sun - Online, The

Federal regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the “potential resolution of an investigation by the United States Department of Justice into the use of Google advertising by certain advertisers,” but gave no details.

The United States attorney's office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine and the Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed there was a continuing investigation. Jim Martin, a spokesman for the United States attorney's office in Rhode Island, said, “We neither confirm or deny the existence of an investigation.”

Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as “an ongoing, escalating cat-and-mouse game.”

In February 2010, Google changed its AdWords policy to accept ads only from pharmacies certified by the National Association Boards of Pharmacy in the United States or the Canadian International Pharmacy Association. Previously, Google had accepted ads verified by a company called PharmacyChecker.com.

In September 2010, Google filed a civil lawsuit in federal court against pharmaceutical advertisers that it believed had broken its advertising rules.

“Rogue pharmacies are bad for our users, for legitimate online pharmacies and for the entire e-commerce industry — so we are going to keep investing time and money to stop these kinds of harmful practices,” Mr. Zwibelman wrote in a company blog post at the time.

It is unclear why the investigation and penalty are coming now, after Google's cleanup efforts.

Google said the $500 million charge reduced its net income last quarter by 22 percent, to $1.8 billion from $2.3 billion. “We believe it will not have a material adverse effect on our business,” the company said in the S.E.C. filing.

The investigation is Google's latest run-in with regulators, who have also been investigating the company on, and in some cases penalizing it for, antitrust issues and privacy violations.

Gabriel Levitt, vice president of PharmacyChecker.com, said that Google's measures to crack down on rogue pharmacy ads went too far, preventing people from getting drugs they needed.

But critics of online pharmacies say that Google and other Web sites feed the business.

“It's very hard to police these sites because they change every couple of days,” said Joseph A. Califano Jr., founder of the National Center on Addiction and Substance Abuse at Columbia University. “The only things that keeps them in business are the Googles of the world.”

The focus of the investigation was first reported by The Wall Street Journal on its Web site.

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US inquiry of Google on drug ads | View Clip
05/13/2011
Herald-Journal - Online

Federal regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the “potential resolution of an investigation by the United States Department of Justice into the use of Google advertising by certain advertisers,” but gave no details.

The United States attorney's office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine and the Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed there was a continuing investigation. Jim Martin, a spokesman for the United States attorney's office in Rhode Island, said, “We neither confirm or deny the existence of an investigation.”

Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as “an ongoing, escalating cat-and-mouse game.”

In February 2010, Google changed its AdWords policy to accept ads only from pharmacies certified by the National Association Boards of Pharmacy in the United States or the Canadian International Pharmacy Association. Previously, Google had accepted ads verified by a company called PharmacyChecker.com.

In September 2010, Google filed a civil lawsuit in federal court against pharmaceutical advertisers that it believed had broken its advertising rules.

“Rogue pharmacies are bad for our users, for legitimate online pharmacies and for the entire e-commerce industry — so we are going to keep investing time and money to stop these kinds of harmful practices,” Mr. Zwibelman wrote in a company blog post at the time.

It is unclear why the investigation and penalty are coming now, after Google's cleanup efforts.

Google said the $500 million charge reduced its net income last quarter by 22 percent, to $1.8 billion from $2.3 billion. “We believe it will not have a material adverse effect on our business,” the company said in the S.E.C. filing.

The investigation is Google's latest run-in with regulators, who have also been investigating the company on, and in some cases penalizing it for, antitrust issues and privacy violations.

Gabriel Levitt, vice president of PharmacyChecker.com, said that Google's measures to crack down on rogue pharmacy ads went too far, preventing people from getting drugs they needed.

But critics of online pharmacies say that Google and other Web sites feed the business.

“It's very hard to police these sites because they change every couple of days,” said Joseph A. Califano Jr., founder of the National Center on Addiction and Substance Abuse at Columbia University. “The only things that keeps them in business are the Googles of the world.”

The focus of the investigation was first reported by The Wall Street Journal on its Web site.

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U.S. Inquiry of Google on Drug Ads | View Clip
05/13/2011
Houma Courier - Online

Federal regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the “potential resolution of an investigation by the United States Department of Justice into the use of Google advertising by certain advertisers,” but gave no details.

The United States attorney's office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine and the Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed there was a continuing investigation. Jim Martin, a spokesman for the United States attorney's office in Rhode Island, said, “We neither confirm or deny the existence of an investigation.”

Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as “an ongoing, escalating cat-and-mouse game.”

In February 2010, Google changed its AdWords policy to accept ads only from pharmacies certified by the National Association Boards of Pharmacy in the United States or the Canadian International Pharmacy Association. Previously, Google had accepted ads verified by a company called PharmacyChecker.com.

In September 2010, Google filed a civil lawsuit in federal court against pharmaceutical advertisers that it believed had broken its advertising rules.

“Rogue pharmacies are bad for our users, for legitimate online pharmacies and for the entire e-commerce industry — so we are going to keep investing time and money to stop these kinds of harmful practices,” Mr. Zwibelman wrote in a company blog post at the time.

It is unclear why the investigation and penalty are coming now, after Google's cleanup efforts.

Google said the $500 million charge reduced its net income last quarter by 22 percent, to $1.8 billion from $2.3 billion. “We believe it will not have a material adverse effect on our business,” the company said in the S.E.C. filing.

The investigation is Google's latest run-in with regulators, who have also been investigating the company on, and in some cases penalizing it for, antitrust issues and privacy violations.

Gabriel Levitt, vice president of PharmacyChecker.com, said that Google's measures to crack down on rogue pharmacy ads went too far, preventing people from getting drugs they needed.

But critics of online pharmacies say that Google and other Web sites feed the business.

“It's very hard to police these sites because they change every couple of days,” said Joseph A. Califano Jr., founder of the National Center on Addiction and Substance Abuse at Columbia University. “The only things that keeps them in business are the Googles of the world.”

The focus of the investigation was first reported by The Wall Street Journal on its Web site.

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Campbell's Perez wins a grant for his art--speaking | View Clip
05/13/2011
San Jose Mercury News - Online

Public speaking strikes fear into the hearts of many. But for Campbell resident David Perez, getting behind a microphone is both his living and his passion.

Perez has been performing as a spoken word artist for the past 15 years, and was recently recognized by the Arts Council Silicon Valley with an Arts Fellowship Grant.

"It's been an incredible year for me, which is weird for an artist in a discipline as fringe as spoken word," Perez said. "You think that only a few people really get what you're doing, but it's been incredible. I'm really grateful to the arts council."

The $4,000 grant Perez received from the council came on the heels of another major accomplishment. His first book, a collection of poems titled Love in a Time of Robot Apocalypse, has recently been published.

"Everything is happening all at once," Perez said.

While 2011 is turning out to be a banner year for the 34-year-old, the work behind all of his recent achievements really began decades ago. Perez said he began writing while attending Leigh High School.

"It started as a way of dealing with teenage angst," he said. "I wrote about arguing with my parents, unrequited love, all the typical teenage drama."

Perez said he also gained an appreciation for literature and reading, and decided to pursue writing in college. He attended West Valley Community College, UC-Santa Cruz and finally Goddard College, where he earned a master's

degree in creative writing.

During the early years of his college experience, Perez said he was exposed to the world of spoken word, also known as slam poetry.

"Back in 1996 and 1997, I was first introduced to this burgeoning art form. Slam really started to expand in San Jose around that time," he said.

Perez explained that the difference between a spoken word performance and a poetry slam contest is that judges will be mixed into the audience at a slam event.

"Anybody can sign up, and the judges score the poems from zero to 10. Then at the end the top three finishers usually get a cash prize," he said.

The top slam winners are then invited back for a final contest at the end of the year where they can become part of a national team or qualify as an individual for the world poetry slam.

Perez has performed at both the national and international level, with competitions and tours taking him across the United States and into Canada.

"I spent most of 2009 on the road," he said, listing Boston, Orlando, Seattle, Albuquerque and Vancouver as just a few of the cities he traveled to that year.

Aside from putting his work before audiences all across the nation, Perez is also working to help encourage other young artists to pursue their dreams. He has led poetry outreach programs for youth communities throughout the Silicon Valley, has coached two poetry slam teams in the Brave New Voices Festival and gives workshops at Santa Clara University, San Jose State University and UC-Santa Cruz.

Perez also helps to organize major art-focused events in the community. He has partnered with another spoken word artist to create the company Seeing Eyebird Presents, which hosts a show every other month called the Oversocial Mofo Review.

"It's our re-imagination of the poetry slam," he said. "We're looking for ways to change up the slam and make spoken word more accessible for audiences who don't really think it's their thing."

The Oversocial Mofo Review events usually include a short poetry slam, a featured poet, a musical act and what Perez called an uncommon act, such as a comedian or dance performer.

Perez is also organizing a summer slumber-fest, which is a 24-hour open mic event.

"People can come perform and we have snacks and coffee. They can bring pillows and blankets and just hang out," he said.

The council honored four other Bay Area artists as well; photographer Shannon Amidon, sculptor Terry Berlier, music performer P.J. Hirabayashi and choreographer Karen Gabay.

For more information on Perez, his new book and poetry slam events, visit www.thedavidperez.com.

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Google accepted ads from rogue pharmacies, firm says | View Clip
05/13/2011
SiliconValley.com

[template]By Claire Cain Miller

SAN FRANCISCO -- Google (GOOG) allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department and the U.S. attorney for Rhode Island, Peter Neronha, are involved.

Web companies can be held liable for advertising on their sites that breaks federal

criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

"How much of Google's overall revenues are tied to product lines that are questionable?" he said. "For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind."

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The FDA's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Levitt said. He said he discussed this with the U.S. attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The FDA and the U.S. attorney's office in Rhode Island also declined to comment.

"The U.S. attorney asked me why Google was allowing such rogue sites to advertise," Levitt said. "I responded that I did not know. I still don't know. We were never the gatekeeper for Google."

It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

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Google accepted ads from rogue pharmacies, firm says | View Clip
05/13/2011
Inland Valley Daily Bulletin - Online

Created: 05/13/2011 06:56:13 PM PDT

SAN FRANCISCO -- Google (GOOG) allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department and the U.S. attorney for Rhode Island, Peter Neronha, are involved.

Web companies can be held liable for advertising on their sites that breaks federal

criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

"How much of Google's overall revenues are tied to product lines that are questionable?" he said. "For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind."

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The FDA's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Levitt said. He said he discussed this with the U.S. attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The FDA and the U.S. attorney's office in Rhode Island also declined to comment.

"The U.S. attorney asked me why Google was allowing such rogue sites to advertise," Levitt said. "I responded that I did not know. I still don't know. We were never the gatekeeper for Google."

It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



Google accepted ads from rogue pharmacies, firm says | View Clip
05/13/2011
Contra Costa Times - Online

SAN FRANCISCO -- Google (GOOG) allowed rogue online pharmacies to advertise on its site in violation of its own advertising policies, according to one of the companies subpoenaed in the federal investigation of Google's drug ad sales.

The investigation, which Google has set aside $500 million to settle, concerns whether Google illegally displayed ads from online pharmacies that operate outside the law by selling counterfeit drugs or by not requiring a prescription.

Until early 2010, Google required that all online pharmacies be verified by PharmacyChecker.com, which says it checks the credentials of online pharmacies. But many of the rogue pharmacies that advertised on Google during that period never applied to PharmacyChecker.com, according to Gabriel Levitt, vice president of the verification site.

The investigation, which came to light this week after Google disclosed the $500 million charge in a Securities and Exchange Commission filing, is Google's latest scuffle with regulators, who have also been investigating the company over antitrust issues and privacy violations. The Food and Drug Administration, the Justice Department and the U.S. attorney for Rhode Island, Peter Neronha, are involved.

Web companies can be held liable for advertising on their sites that breaks federal criminal law, and Google and other search engines have faced similar issues over ads for illegal online gambling sites. Eric Goldman, director of the High Tech Law Institute at Santa Clara University, said the latest investigation raised questions about Google's dependence on such sources.

"How much of Google's overall revenues are tied to product lines that are questionable?" he said. "For investors, I think they just got a little bit of a jolt that maybe Google's profits are due to things they can't ultimately stand behind."

Health care and pharmaceutical companies spent $1 billion on Internet ads in the United States last year, up 14 percent from the year before, according to eMarketer.

The FDA's office of criminal investigations found that online pharmacies advertising on Google had not been approved by PharmacyChecker, despite Google's policy, Levitt said. He said he discussed this with the U.S. attorney in Rhode Island in July 2009 in response to a subpoena.

Google declined to comment. The FDA and the U.S. attorney's office in Rhode Island also declined to comment. "The U.S. attorney asked me why Google was allowing such rogue sites to advertise," Levitt said. "I responded that I did not know. I still don't know. We were never the gatekeeper for Google."

It was Google that ultimately admitted the advertisers to the site.

It is unclear whether Google turned a blind eye to the drug ads or did not have sufficient procedures in place to check whether the pharmacy advertisers had been verified.

In 2010, after the federal investigation began, Google stopped using PharmacyChecker, costing the small company business. Google started requiring online pharmacies to be certified by the National Association of Boards of Pharmacy in the United States or the Canadian International Pharmacy Association.

In 2008, the National Center on Addiction and Substance Abuse at Columbia University published a report that found that 85 percent of the online pharmacies advertising controlled drugs on search engines did not require a valid prescription.

According to PharmacyChecker, the center gave it a list of 23 online pharmacy advertisers that it said were illegitimate, and 19 had not applied to PharmacyChecker.

Return to Top



FACEBOOK WAGED STEALTH PR WAR ON GOOGLE
05/13/2011
San Jose Mercury News

In an unfolding tale of Silicon Valley skulduggery, Facebook on Thursday fessed up to hiring a top-drawer PR firm to bash rival Google by planting negative stories in newspapers and across the blogosphere.

The social networking giant's admission that it had hired Burson-Marsteller to rustle up reporters and bloggers to attack the search giant for violating Facebook users' privacy was just the first of several shoes to drop.

Burson quickly admitted it "undertook an assignment" for Palo Alto-based Facebook, then said accepting the assignment "was not standard procedure" and that it should never have done it. And while Google did not return repeated requests for interviews, company spokesman Chris Gaither, with typical Google whimsy, told USA Today that "we're not going to comment further. Our focus is on delighting people with great products."

As two of the valley's titans fought the latest skirmish in what some think is shaping up as the Internet's biggest battle ever, observers were left amused and scratching their heads.

"It's on like Donkey Kong between Facebook and Google, seeking victory by any means," said Santa Clara University law professor Eric Goldman. "But I'm a little perplexed about why Facebook decided to try and stir the pot through a PR agency. If they wanted to call out Google, then call them out publicly."

'Whisper campaign'

But public was not the way Facebook wanted to roll. The stealth campaign started to unravel last week after two Burson agents, including former CNBC news anchorman Jim Goldman, stepped up what USA Today called "a whisper campaign." The plan was to get top-tier media outlets to run news stories and editorials about how an obscure Google Gmail feature called Social Circle ostensibly violates Facebook users' privacy.

Burson operative John Mercurio emailed former Federal Trade Commission researcher and blogger Christopher Soghoian, making a vague pitch for him to pen a Google-bashing "op-ed this week for a top-tier media outlet on an important issue that I know you're following closely." And in one pot-calling-the-kettle-black passage, Mercurio wrote, "Google, as you know, has a well-known history of infringing on the privacy rights of America's Internet users."

But when Soghoian started asking pesky questions, like "Who is paying for this? (not paying me, but paying you)," Facebook's secret mission began to implode. Smelling something fishy, Soghoian posted the full email text of Mercurio's pitch -- along with his rejection -- on the Internet. Daily Beast blogger Dan Lyons then pieced together the clues and figured out that Facebook was behind the spin campaign.

Much to Facebook's embarrassment, their spinmeisters had reached out to the wrong hack.

"Facebook did make a mistake, and the mistake is when you're dealing with a reporter, particularly one you don't know, you shouldn't hide who you're working for," said one Bay Area public-relations executive who asked that his name not be used in order to avoid embarrassing his clients. "It's part of competition to share concerns you have about your competitors' products and services, and that's a natural part of business."

When he read of Facebook's campaign, industry analyst Tim Bajarin said, "I had to laugh. I've been doing this for 30 years and I see this stuff all the time, because PR companies are responsible for trying to make their clients look the best they can. How Facebook's PR team went about it was a little unorthodox perhaps, but they were just doing their job."

Still, Facebook felt bad about the whole mess. "The issues are serious and we should have presented them in a serious and transparent way," the company said in a statement.

Battle for advertising buck

The scandal highlights the battle between the two Goliaths over control of the lion's share of the lucrative online advertising business. With its 600 million members, Facebook is increasingly exploiting its treasure trove of personal user data by targeting ads, putting it in conflict with the Mountain View-based search giant.

Competition between the two companies was underscored recently when Google CEO and co-founder Larry Page put out a memo letting staff know that social networking was a top priority for Google -- so much so that a quarter of every Googler's bonus this year reportedly will be based on how well the search company does in the social realm.

Roger Kay, an analyst with Endpoint Technologies in Massachusetts and a blogger for Forbes, said Burson's failure to keep the stealth campaign stealthy effectively made Facebook tip its hand in a high-stakes game of online domination.

"This shows the world that Facebook is really focused on Google as its main competitor, which many people might not have fully realized," he said. "The nightmare scenario for Facebook is that all the data they've gathered and stored about their members over time could now be threatened by Google."

Rivalry out in open now

Facebook's beef driving the campaign, according to Burson, is that Google has been scraping private data from Facebook's membership base to "build deeply personal dossiers on millions of users." Specifically, Facebook says Google's Social Circle, which allows people with Gmail accounts to see information not only about their Facebook friends but also about the friends of their friends, is a violation of member's privacy. Google would not comment.

If Google "is able to take out its big camera and take a huge snapshot of that metadata and somehow monetize all that information, that prospect obviously scares the bejesus out of Facebook," Kay said.

For now, Google remains king of search and Facebook remains king of social media. "But if both companies are trying to monetize that same private data, it seems like they're now set on a direct collision course," said Kay. "And this won't be the last time that that battle breaks into the open."

Contact Patrick May at 408-920-5689. Follow him at Twitter.com/patmaymerc.

Copyright © 2011 San Jose Mercury News

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Chic, affordable bags for every occasion | View Clip
05/13/2011
Examiner.com

Of all the accessories we love to wear, bags are probably the most practical and the most often used. Unfortunately, quality bags can be pricey. This is especially true for budget fashionistas looking for a variety of bags for different seasons, activities, and moods. The following is a list of some great staple pieces every woman can use, and where to get them without breaking the bank.

The everyday purse: The everyday purse is the go-to bag you reach for whenever you leave the house for a casual day out. Most often, it's medium sized and neutral in color, so it's wearable and appropriate for a wide variety of occasions. You can find this type of bag anywhere, but the best deals can be found at discount stores like Ross, TJ Maxx, and Marshall's, stores that carry designer and name brand bags for more than 50% off on a daily basis. The selection isn't the greatest, but most of what's in stock is exactly what you're looking for, the everyday purse. These bags can be the best deals out of any accessories you own. Think about price per use: if you use a $25 bag 5 times a week for a year, it costs less than 10 cents per use!

The tote bag: Tote bags are perfect for casual days outdoors (sporting events, beach outings), for a trip to the movies, or for students to use as book bags. Stripes, floral designs, and other patterns are popular, so these bags are perfect for those who love color. These bags are easy to find at affordable prices from Target, H&M, Forever 21, and Ross, especially in the spring and summer months. Often you can pick up a cute tote bag from these locations for $10-$20, and that's not including sale prices.

The wristlet: Wristlets are a great solution when you need to carry a little more than your pockets can hold, and you feel naked going out without a purse, but you don't need or want to carry your everyday bag. Since they are small and less expensive than full size bags, these minis can be a great opportunity to purchase a designer product for $50 or less. Coach wristlets are stylish and appropriate for teens, young women, and their moms too. A variety of neutral and colorful styles are available at Nordstrom, Macy's, and of course, Coach boutiques for around $45-$65.

Charlotte Anderson is a junior economics major at Santa Clara University. Due to the recent recession and her frugal mentality, she is always on...

inetgiant.com

Hot to trot? Saddle up with today's deal from Johnny 6...

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Liturgy, a History | View Clip
05/13/2011
America: The National Catholic Weekly

The Mass

The Glory, the Mystery, the Tradition

Doubleday. 224p $21.99

T he new English translation of the Roman Missal will usher in some of the most dramatic changes to the liturgy since the years following the Second Vatican Council. Clergy and laity will have to master prayers that differ—in some cases dramatically—from those they have been using for more than three decades. The significant changes to the texts of the Gloria and the Sanctus will make it very difficult to use familiar musical arrangements. These changes will render obsolete many introductory works of liturgical catechesis and require the development of new materials.

It is this latter need that The Mass: The Glory, the Mystery, the Tradition seeks to fill. Written by Cardinal Donald Wuerl, archbishop of Washington, and the Catholic author and EWTN television host Mike Aquilina, the book is one of the first popular works on the Eucharist to incorporate and explain the texts of the new translation. Instead of focusing heavily on the new words, however, the authors integrate them into a fresh look at the Mass and its various parts.

The book is divided into two parts. The first, entitled “What Makes the Mass?” discusses the history of the Eucharist and the physical elements used during its celebration: bread, wine, altar, ambo, vestments and so on. The second, entitled “The Mass as It Is,” is a step-by-step journey through the Mass from beginning to end, with explanations of the various actions, words and gestures.

The Mass is both comprehensive and easy to read and might serve as a good resource for adult catechumens and candidates or as the basis for a parish study group on the Eucharist. Although the language rarely rises to the poetic, some of the reflections on the individual parts of the Mass are lovely. The discussion of the Sign of the Cross, for example, notes how this simple gesture is a reflection on Christian faith, “tracing the way God loved the human race, descending from heaven to heart and taking flesh and then ascending to heaven, taking our glorified human nature with Him.”

For readers with deeper knowledge of the liturgy, however, there are aspects of this work that may feel like hitting unmarked speed bumps on an otherwise smooth road. It is not the case, for example, that the three petitions of the Kyrie in the penitential rite are addressed to the three persons of the Trinity. All three petitions are addressed to Christ. Nor is it really true that the changes to the Creed in the new translation were made, as the authors assert, “to reflect the historical creeds with greater accuracy.” The rationale for the changes—indeed, the rationale for all the changes in the new translation—was to bring the English closer to the Roman Missal's Latin. The Nicene Creed was originally written in Greek and begins—as the new translation of the Creed now does not—with the word “We” rather than “I.”

These errors may seem small, but they are indicative of a casual approach to the details of liturgical history that is pervasive throughout the book. The authors repeatedly use the words “ancient” and “early” to describe parts of the Mass in ways that collapse the distinction between different historical periods and ignore regional differences in liturgical practice that persisted for centuries. In some cases, this leads to anachronisms, as when the authors state that “in ancient times,” Christians with “unforgiven mortal sin” were excluded from the Mass. The phrasing retrojects the more stable understanding of mortal sin and the sacrament of penance that emerged centuries later into a younger church that was still sorting these things out.

The book's historical difficulties are not confined to ancient history. Given its impact on the way that Catholics worship today, the treatment of the 20th-century liturgical movement is almost absurdly abbreviated. The book's overview of this history moves in a few sentences from Pius X to Vatican II to Paul VI. There is no mention of the great Benedictine pioneers of the movement, like Lambert Beauduin and Virgil Michel, nor is there even a mention of Pius XII, whose encyclical “Mediator Dei” conferred an important degree of papal approbation on the movement and arguably set the stage for the more far-reaching liturgical reforms of Vatican II.

Is this just scholarly nitpicking? Surely a work of basic catechesis can be forgiven if it tries to simplify a complex history for its readers. The problem is that the various errors, omissions and simplifications, small as they might be individually, all serve to bend the work in a particular direction. The book constructs a narrative according to which the “ancient liturgy” of the “early church” was transmitted essentially intact to Rome, from which it spread, more or less unchanged, throughout Europe and the Americas. The process comes across as so smooth and untroubled that one may wonder why anyone felt the need for liturgical reform in the first place.

One can argue that after 30 years of catechesis that stressed—sometimes overstressed—the discontinuities in our liturgical history, we need more works like The Mass that remind us, in the words of the authors, that “much has changed in Western culture but the Mass is still the Mass.” That theological truth, however, cannot come at the expense of historical truth. This is particularly true if the history being presented seems aimed less at connecting readers with the fullness of the Great Tradition and more at implicitly justifying the recent trend toward micromanagement of liturgical practice by the Roman Curia. The result is not so much catechesis as history written by the victors.

J. Peter Nixon is a volunteer prison chaplain and a regular contributor to America. He is a graduate of the Jesuit School of Theology at Santa Clara University.

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Google to settle online drug ads investigation | View Clip
05/13/2011
ABC Local - Online

MOUNTAIN VIEW, Calif (KGO) -- Mountain View-based Internet search giant Google has set aside $500 million to settle a long-running investigation by state and federal agencies for running online drug ads from companies that are in violation of US law.

Google will not talk about it, but the details are in a quarterly report it filed with the U.S. Securities and Exchange Commission. If that amount is agreed upon, the settlement could be one of the highest amounts involving a federal probe. A half-billion dollars would reduce its profits from the first quarter of 2011 from $2.3 billion to $1.8 billion, a drop of about 22 percent.

At issue is Google running online ads to sell consumers prescription drugs contrary to U.S. laws. Google last year began to crack down on so-called rogue pharmacies that do not require prescriptions.

Consumers are taking a risk buying and taking drugs purchased from the ads the government is trying to purge, according to Michael Ignacio, a pharmacist at Leiter's Pharmacy in San Jose's Rose Garden district. Because imported drugs are not monitored by the U.S. Food and Drug Administration, Ignacio says, their potency and safety cannot be verified. It is also unfair competition, he says, to neighborhood drug stores that are following the law. The price of imported drugs can be 20-30 percent cheaper than in the U.S., he pointed out.

Retired San Jose resident Dominic Guido said he is against online prescription drug sales because he does not know if they are safe. He is in favor of what the U.S. Department of Justice and other agencies are doing to monitor and weed out drug ads from unregulated sources.

In its SEC filing, Google said the $500 million payment, "will not have a material adverse effect on our business, consolidated financial position, results of operations, or cash flows."

ABC7 is also talking this afternoon to Associate Professor Eric Goldman at Santa Clara University. He is the director of the Law School's High Tech Law Institute. We will have an updated story online later today and on ABC7 News at 5 and 6.

(Copyright ©2011 KGO-TV/DT. All Rights Reserved.)

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Facebook's stealth attack on Google | View Clip
05/13/2011
InsideBayArea.com

FILE - In this Nov. 10, 2010 file photo, the company logo is displayed is at Google headquarters in Mountain View, Calif. The intense rivalry between Facebook and Google just got juicier as characters behind the latest Silicon Valley drama evoked talk of smear campaigns, secret clients and even Richard Nixon. It took a once-secret blogger, known as Fake Steve Jobs, to help sort it all out. (AP Photo/Paul Sakuma, file)

In an unfolding tale of Silicon Valley skulduggery, Facebook on Thursday fessed up to hiring a top-drawer PR firm to bash rival Google by planting negative stories in newspapers and across the blogosphere.

The social networking giant's admission that it had hired Burson-Marsteller to rustle up reporters and bloggers to attack the search giant for violating Facebook users' privacy was just the first of several shoes to drop.

Burson quickly admitted it "undertook an assignment" for Palo Alto-based Facebook, then said accepting the assignment "was not standard procedure" and that it should never have done it. And while Google did not return repeated requests for interviews, company spokesman Chris Gaither, with

More Google

typical Google whimsy, told USA Today that "we're not going to comment further. Our focus is on delighting people with great products."

As two of the valley's titans fought the latest skirmish in what some think is shaping up as the Internet's biggest battle ever, observers were left amused and scratching their heads.

"It's on like Donkey Kong between Facebook and Google, seeking victory by any means," said Santa Clara University law professor Eric Goldman. "But I'm a little perplexed about why Facebook decided to try and stir the pot through a PR agency. If they wanted to call out Google, then call them out publicly."

'Whisper campaign'

But public was not the way Facebook wanted to

roll. The stealth campaign started to unravel last week after two Burson agents, including former CNBC news anchorman Jim Goldman, stepped up what USA Today called "a whisper campaign." The plan was to get top-tier media outlets to run news stories and editorials about how an obscure Google Gmail feature called Social Circle ostensibly violates Facebook users' privacy.

Burson operative John Mercurio emailed former Federal Trade Commission researcher and blogger Christopher Soghoian, making a vague pitch for him to pen a Google-bashing "op-ed this week for a top-tier media outlet on an important issue that I know you're following closely." And in one pot-calling-the-kettle-black passage, Mercurio wrote, "Google, as you know, has a well-known history of infringing on the privacy rights of America's Internet users."

But when Soghoian started asking pesky questions, like "Who is paying for this? (not paying me, but paying you)," Facebook's secret mission began to implode. Smelling something fishy, Soghoian posted the full email text of Mercurio's pitch -- along with his rejection -- on the Internet. Daily Beast blogger Dan Lyons then pieced together the clues and figured out that Facebook was behind the spin campaign.

Much to Facebook's embarrassment, their spinmeisters had reached out to the wrong hack.

"Facebook did make a mistake, and the mistake is when you're dealing with a reporter, particularly one you don't know, you shouldn't hide who you're working for," said one Bay Area public-relations executive who asked that his name not be used in order to avoid embarrassing his clients. "It's part of competition to share concerns you have about your competitors' products and services, and that's a natural part of business."

When he read of Facebook's campaign, industry analyst Tim Bajarin said, "I had to laugh. I've been doing this for 30 years and I see this stuff all the time, because PR companies are responsible for trying to make their clients look the best they can. How Facebook's PR team went about it was a little unorthodox perhaps, but they were just doing their job."

Still, Facebook felt bad about the whole mess. "The issues are serious and we should have presented them in a serious and transparent way," the company said in a statement.

Battle for advertising buck

The scandal highlights the battle between the two Goliaths over control of the lion's share of the lucrative online advertising business. With its 600 million members, Facebook is increasingly exploiting its treasure trove of personal user data by targeting ads, putting it in conflict with the Mountain View-based search giant.

Competition between the two companies was underscored recently when Google CEO and co-founder Larry Page put out a memo letting staff know that social networking was a top priority for Google -- so much so that a quarter of every Googler's bonus this year reportedly will be based on how well the search company does in the social realm.

Roger Kay, an analyst with Endpoint Technologies in Massachusetts and a blogger for Forbes, said Burson's failure to keep the stealth campaign stealthy effectively made Facebook tip its hand in a high-stakes game of online domination.

"This shows the world that Facebook is really focused on Google as its main competitor, which many people might not have fully realized," he said. "The nightmare scenario for Facebook is that all the data they've gathered and stored about their members over time could now be threatened by Google."

Rivalry out in open now

Facebook's beef driving the campaign, according to Burson, is that Google has been scraping private data from Facebook's membership base to "build deeply personal dossiers on millions of users." Specifically, Facebook says Google's Social Circle, which allows people with Gmail accounts to see information not only about their Facebook friends but also about the friends of their friends, is a violation of member's privacy. Google would not comment.

If Google "is able to take out its big camera and take a huge snapshot of that metadata and somehow monetize all that information, that prospect obviously scares the bejesus out of Facebook," Kay said.

For now, Google remains king of search and Facebook remains king of social media. "But if both companies are trying to monetize that same private data, it seems like they're now set on a direct collision course," said Kay. "And this won't be the last time that that battle breaks into the open."

Contact Patrick May at 408-920-5689. Follow him at Twitter.com/patmaymerc.

Facebook hired a firm to quietly pitch stories that would rip Google by saying it tried to steal Facebook users' personal information.

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Facebook's stealth attack on Google | View Clip
05/13/2011
Oroville Mercury-Register

FILE - In this Nov. 10, 2010 file photo, the company logo is displayed is at Google headquarters in Mountain View, Calif. The intense rivalry between Facebook and Google just got juicier as characters behind the latest Silicon Valley drama evoked talk of smear campaigns, secret clients and even Richard Nixon. It took a once-secret blogger, known as Fake Steve Jobs, to help sort it all out. (AP Photo/Paul Sakuma, file)

In an unfolding tale of Silicon Valley skulduggery, on Thursday fessed up to hiring a top-drawer PR firm to bash rival Google (GOOG) by planting negative stories in newspapers and across the blogosphere.

The social networking giant's admission that it had hired Burson-Marsteller to rustle up reporters and bloggers to attack the search giant for violating Facebook users' privacy was just the first of several shoes to drop.

Burson quickly admitted it "undertook an assignment" for Palo Alto-based

More Google

Facebook, then said accepting the assignment "was not standard procedure" and that it should never have done it. And while Google did not return repeated requests for interviews, company spokesman Chris Gaither, with typical Google whimsy, told USA Today that "we're not going to comment further. Our focus is on delighting people with great products."

As two of the valley's titans fought the latest skirmish in what some think is shaping up as the Internet's biggest battle ever, observers were left amused and scratching their heads.

"It's on like Donkey Kong between Facebook and Google, seeking victory by any means," said Santa Clara University law professor Eric Goldman. "But I'm a little perplexed about why Facebook decided to

try and stir the pot through a PR agency. If they wanted to call out Google, then call them out publicly."

'Whisper campaign'

But public was not the way Facebook wanted to roll. The stealth campaign started to unravel last week after two Burson agents, including former CNBC news anchorman Jim Goldman, stepped up what USA Today called "a whisper campaign." The plan was to get top-tier media outlets to run news stories and editorials about how an obscure Google Gmail feature called Social Circle ostensibly violates Facebook users' privacy.

Burson operative John Mercurio emailed former Federal Trade Commission researcher and blogger Christopher Soghoian, making a vague pitch for him to pen a Google-bashing "op-ed this week for a top-tier media outlet on an important issue that I know you're following closely." And in one pot-calling-the-kettle-black passage, Mercurio wrote, "Google, as you know, has a well-known history of infringing on the privacy rights of America's Internet users."

But when Soghoian started asking pesky questions, like "Who is paying for this? (not paying me, but paying you)," Facebook's secret mission began to implode. Smelling something fishy, Soghoian posted the full email text of Mercurio's pitch -- along with his rejection -- on the Internet. Daily Beast blogger Dan Lyons then pieced together the clues and figured out that Facebook was behind the spin campaign.

Much to Facebook's embarrassment, their spinmeisters had reached out to the wrong hack.

"Facebook did make a mistake, and the mistake is when you're dealing with a reporter, particularly one you don't know, you shouldn't hide who you're working for," said one Bay Area public-relations executive who asked that his name not be used in order to avoid embarrassing his clients. "It's part of competition to share concerns you have about your competitors' products and services, and that's a natural part of business."

When he read of Facebook's campaign, industry analyst Tim Bajarin said, "I had to laugh. I've been doing this for 30 years and I see this stuff all the time, because PR companies are responsible for trying to make their clients look the best they can. How Facebook's PR team went about it was a little unorthodox perhaps, but they were just doing their job."

Still, Facebook felt bad about the whole mess. "The issues are serious and we should have presented them in a serious and transparent way," the company said in a statement.

Battle for advertising buck

The scandal highlights the battle between the two Goliaths over control of the lion's share of the lucrative online advertising business. With its 600 million members, Facebook is increasingly exploiting its treasure trove of personal user data by targeting ads, putting it in conflict with the Mountain View-based search giant.

Competition between the two companies was underscored recently when Google CEO and co-founder Larry Page put out a memo letting staff know that social networking was a top priority for Google -- so much so that a quarter of every Googler's bonus this year reportedly will be based on how well the search company does in the social realm.

Roger Kay, an analyst with Endpoint Technologies in Massachusetts and a blogger for Forbes, said Burson's failure to keep the stealth campaign stealthy effectively made Facebook tip its hand in a high-stakes game of online domination.

"This shows the world that Facebook is really focused on Google as its main competitor, which many people might not have fully realized," he said. "The nightmare scenario for Facebook is that all the data they've gathered and stored about their members over time could now be threatened by Google."

Rivalry out in open now

Facebook's beef driving the campaign, according to Burson, is that Google has been scraping private data from Facebook's membership base to "build deeply personal dossiers on millions of users." Specifically, Facebook says Google's Social Circle, which allows people with Gmail accounts to see information not only about their Facebook friends but also about the friends of their friends, is a violation of member's privacy. Google would not comment.

If Google "is able to take out its big camera and take a huge snapshot of that metadata and somehow monetize all that information, that prospect obviously scares the bejesus out of Facebook," Kay said.

For now, Google remains king of search and Facebook remains king of social media. "But if both companies are trying to monetize that same private data, it seems like they're now set on a direct collision course," said Kay. "And this won't be the last time that that battle breaks into the open."

Contact Patrick May at 408-920-5689. Follow him at Twitter.com/patmaymerc.

Facebook hired a firm to quietly pitch stories that would rip Google by saying it tried to steal Facebook users' personal information.

Return to Top



Facebook's stealth attack on Google | View Clip
05/13/2011
Contra Costa Times - Online

FILE - In this Nov. 10, 2010 file photo, the company logo is displayed is at Google headquarters in Mountain View, Calif. The intense rivalry between Facebook and Google just got juicier as characters behind the latest Silicon Valley drama evoked talk of smear campaigns, secret clients and even Richard Nixon. It took a once-secret blogger, known as Fake Steve Jobs, to help sort it all out. (AP Photo/Paul Sakuma, file)

SV 20/20

In an unfolding tale of Silicon Valley skulduggery, Facebook on Thursday fessed up to hiring a top-drawer PR firm to bash rival Google (GOOG) by planting negative stories in newspapers and across the blogosphere.

The social networking giant's admission that it had hired Burson-Marsteller to rustle up reporters and bloggers to attack the search giant for violating Facebook users' privacy was just the first of several shoes to drop.

Burson quickly admitted it "undertook an assignment" for Palo Alto-based

Facebook, then said accepting the assignment "was not standard procedure" and that it should never have done it. And while Google did not return repeated requests for interviews, company spokesman Chris Gaither, with typical Google whimsy, told USA Today that "we're not going to comment further. Our focus is on delighting people with great products."

As two of the valley's titans fought the latest skirmish in what some think is shaping up as the Internet's biggest battle ever, observers were left amused and scratching their heads.

"It's on like Donkey Kong between Facebook and Google, seeking victory by any means," said Santa Clara University law professor Eric Goldman. "But I'm a little perplexed about why Facebook decided to

try and stir the pot through a PR agency. If they wanted to call out Google, then call them out publicly."

'Whisper campaign'

But public was not the way Facebook wanted to roll. The stealth campaign started to unravel last week after two Burson agents, including former CNBC news anchorman Jim Goldman, stepped up what USA Today called "a whisper campaign." The plan was to get top-tier media outlets to run news stories and editorials about how an obscure Google Gmail feature called Social Circle ostensibly violates Facebook users' privacy.

Burson operative John Mercurio emailed former Federal Trade Commission researcher and blogger Christopher Soghoian, making a vague pitch for him to pen a Google-bashing "op-ed this week for a top-tier media outlet on an important issue that I know you're following closely." And in one pot-calling-the-kettle-black passage, Mercurio wrote, "Google, as you know, has a well-known history of infringing on the privacy rights of America's Internet users."

But when Soghoian started asking pesky questions, like "Who is paying for this? (not paying me, but paying you)," Facebook's secret mission began to implode. Smelling something fishy, Soghoian posted the full email text of Mercurio's pitch -- along with his rejection -- on the Internet. Daily Beast blogger Dan Lyons then pieced together the clues and figured out that Facebook was behind the spin campaign.

Much to Facebook's embarrassment, their spinmeisters had reached out to the wrong hack.

"Facebook did make a mistake, and the mistake is when you're dealing with a reporter, particularly one you don't know, you shouldn't hide who you're working for," said one Bay Area public-relations executive who asked that his name not be used in order to avoid embarrassing his clients. "It's part of competition to share concerns you have about your competitors' products and services, and that's a natural part of business."

When he read of Facebook's campaign, industry analyst Tim Bajarin said, "I had to laugh. I've been doing this for 30 years and I see this stuff all the time, because PR companies are responsible for trying to make their clients look the best they can. How Facebook's PR team went about it was a little unorthodox perhaps, but they were just doing their job."

Still, Facebook felt bad about the whole mess. "The issues are serious and we should have presented them in a serious and transparent way," the company said in a statement.

Battle for advertising buck

The scandal highlights the battle between the two Goliaths over control of the lion's share of the lucrative online advertising business. With its 600 million members, Facebook is increasingly exploiting its treasure trove of personal user data by targeting ads, putting it in conflict with the Mountain View-based search giant.

Competition between the two companies was underscored recently when Google CEO and co-founder Larry Page put out a memo letting staff know that social networking was a top priority for Google -- so much so that a quarter of every Googler's bonus this year reportedly will be based on how well the search company does in the social realm.

Roger Kay, an analyst with Endpoint Technologies in Massachusetts and a blogger for Forbes, said Burson's failure to keep the stealth campaign stealthy effectively made Facebook tip its hand in a high-stakes game of online domination.

"This shows the world that Facebook is really focused on Google as its main competitor, which many people might not have fully realized," he said. "The nightmare scenario for Facebook is that all the data they've gathered and stored about their members over time could now be threatened by Google."

Rivalry out in open now

Facebook's beef driving the campaign, according to Burson, is that Google has been scraping private data from Facebook's membership base to "build deeply personal dossiers on millions of users." Specifically, Facebook says Google's Social Circle, which allows people with Gmail accounts to see information not only about their Facebook friends but also about the friends of their friends, is a violation of member's privacy. Google would not comment.

If Google "is able to take out its big camera and take a huge snapshot of that metadata and somehow monetize all that information, that prospect obviously scares the bejesus out of Facebook," Kay said.

For now, Google remains king of search and Facebook remains king of social media. "But if both companies are trying to monetize that same private data, it seems like they're now set on a direct collision course," said Kay. "And this won't be the last time that that battle breaks into the open."

Contact Patrick May at 408-920-5689. Follow him at Twitter.com/patmaymerc.

THE INCIDENT

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(CAMPUS SHOTS FROM COMPANIES SO WHY WOULD FACEBOOK TRY TO "PLANT" NEGATIVE STORIES ABOUT GOOGLE IN THE NEWS? ERIC GOLDMAN/SANTA CLARA UNIVERSITY ( 4456 0949-54 ) YOU KNOW WE ARE FRIENDS IN SILICON VALLEY UNTIL WE ARE NOT.
05/13/2011
TV 5 News at 6 PM - WNEM-TV

INFLATION IS AT A TWO AND A HALF YEAR HIGH AS CONSUMERS PAY MORE FOR GAS AND FOOD. THE GOVERNMENT SAYS "THE CONSUMER PRICE INDEX" ROSE ABOUT HALF APERCENT IN APRIL. RIGHT NOW FOOD PRICES ARE UP 3 PERCENT FROM A YEAR AGO WHILE GAS PRICES HAVE SOARED MORE THAN 33 PERCENT. A VICTORY IN COURT FOR "EASTMAN KODAK. " A JUDGE TURNED DOWN APPLE'S DIGITAL-CAMERA PATENT CLAIM AGAINST THE PHOTOGRAPHY PIONEER. KODAK HAS AMASSED MORE THAN A THOUSAND DIGITAL IMAGING PATENTS, AND NEARLY ALL OF TODAY'S DIGITAL CAMERAS RELY ON THAT TECHNOLOGY. MOST FACEBOOK USERS WATCH THEIR WALLS AND FEEDS CAREFULLY, ON THE LOOKOUT FOR ANY POSTS OR COMMENTS THAT MIGHT HURT THEIR REPUTATION. BUT TONIGHT, FACEBOOK IS ACCUSED OF TRYING TO DO JUST THAT, TO GOOGLE. MARK SAYRE EXPLAINS. THEY ARE TWO OF THE BIGGEST TITANS IN SILICON VALLEYa&FACEBOOK CEO MARK ZUCKERBERG AND GOOGLE CEO LARRY PAGE. THEIR RESPECTIVE CORPORATE HEADQUARTERS ARE JUST 5 MILES APART. (CAMPUS SHOTS FROM COMPANIES SO WHY WOULD FACEBOOK TRY TO "PLANT" NEGATIVE STORIES ABOUT GOOGLE IN THE NEWS? ERIC GOLDMAN/SANTA CLARA UNIVERSITY ( 4456 0949-54 ) YOU KNOW WE ARE FRIENDS IN SILICON VALLEY UNTIL WE ARE NOT. AND WE HAVE A LOT OF LOVE HATE RELATIONSHIPS IN THE VALLEY. ERIC GOLDMAN IS DIRECTOR OF THE HIGH TECH LAW INSTITUTE AT SANTA CLARA UNIVERSITY. ERIC GOLDMAN/SANTA CLARA UNIVERSITY ( 4456 0928- ) FACEBOOK IS OBVIOUSLY PAYING VERY CLOSE ATTENTION TO WHAT GOOGLE IS DOING. AND THEY MAY BE A LITTLE BIT SCARED ABOUT IT. IT LOOKED A LITTLE BIT LIKE THEY NEEDED TO LASH OUT AT GOOGLE AND THEY PICKED A STRANGE WAY TO DO IT. SCREEN SHOTS OF E-MAIL TO BLOGGERIN AN E-MAIL SENT TO AN INFLUENTIAL TECH BLOGGERa& A REPRESENTATIVE OF THE PUBLIC RELATIONS POWERHOUSE "BURSON-MARSTELLER" TRIED TO GENERATE AN ARTICLE ON WHAT HE CALLED "GOOGLE'S SWEEPING VIOLATIONS OF USER PRIVACY. "END DOCSSHOW FACEBOOK/GOOGLEBUT THE PR COMPANY DID NOT DISCLOSE THE CLIENT WHO WANTED THE ARTICLE WRITTEN ABOUT GOOGLE WAS FACEBOOK. AT ISSUEa&A NEW PROGRAM CALLED "GOOGLE SOCIAL CIRCLES. " BRIAN COOLEY/CNET; ( STATION INSERT @ 1:21 ) IF YOU WANT TO PUT IN A SINGLE WORD, ITS YOUR LIFE THEY'RE INTERESTED IN. CNET'S BRIAN COOLEY SAYS THERE'S A LOT AT STAKE. BRIAN COOLEY/CNET; ( STATION INSERT @ 0:26 ) TO PUT IT SIMPLY. FACEBOOK DOESN'T LIKE IT THAT GOOGLE IS GOING AND SEARCHING THE SOCIAL SITES LIKE FACEBOOK AND REFLECTING SOME OF THE RESULTS OF WHAT YOU DO IN YOUR SOCIAL NETWORK LIFE, IN A STATEMENT, FACEBOOK SAYS: STATION INSERT FACEBOOK STATEMENT"NO 'SMEAR'CAMPAIGN WAS AUTHORIZED OR INTENDED, THE ISSUES ARE SERIOUS AND WE SHOULD HAVE PRESENTED THEM IN A SERIOUS AND TRANSPARENT WAY. " FACEBOOK'S PR COMPANY RELEASED A STATEMENT TODAY, SAYING THAT THE ACTIONS WERE NOT THEIR STANDARD OPERATING PROCEDURE, AND THAT THEY SHOULD HAVE DECLINED THE ASSIGNMENT. SO FAR, THERE IS NO COMMENT FROM GOOGLE. IF YOU'RE AFRAID OF NEEDLES, THERE'S A NEW FLU SHOT THAT COULD EASE YOUR FEARS. SEE HOW IT WORKS, COMING UP AT 5:30. PLUS, ON THE NEXT BETTER MID-MICHIGAN: SHE'S THE YOUNGET MISS AMERICA IN 78 YEARS. WE'LL TALK WITH TERESA SCANLON AND HEAR ALL ABOUT PLATFORM AND ROLES AS AMBASSADOR FOR THE CHILDREN'S MIRACLE NETWORK. AND THE FREEDOM RIDERS ARE MARKING Part of my job as a diabetes educator is teaching my patients how to start taking insulin. And I've learned a lot from patients who use Levemir FlexPen. FlexPen comes pre-filled with my long-acting insulin, and I dial the exact dose of insulin I need. My FlexPen is discreet and doesn't need to be refrigerated. And FlexPen goes wherever I go. Levemir is a long-acting insulin used to control high blo sugar in adults and children with diabetes. Do not take if your blood sugar is too low. Tell your healthcare provider about all medicines you take and all of your medical conditions, including if you are pregnant or breastfeeding. The most common side effect is low blood sugar. Other possible side effects include reactions at the injection site. Get medical help right away if you experience serious allergic reactions, such as body rash, trouble with breathing, fast heartbeat or sweating. Ask your healthcare provider about Levemir FlexPen today. Learn more about the different insulins available in FlexPen at MyFlexPen. com. FlexPen, insulin delivery that goes with you.

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CAMPUS SHOTS FROM COMPANIES SO WHY WOULD FACEBOOK TRY TO "PLANT" NEGIVE STORIES ABOUT GOOGLE IN THE NEWS? ERIC GOLDMAN/SANTA CLARA UNIVERSITY 4456 0949-54 YOU KNOW WE ARE FRIENDS IN SILICON VALLEY UNTIL WE ARE NOT.
05/13/2011
News 10 at 6 PM - KWTX-TV

19-YEAR-OLD RYAN ASBELL OF AUSTIN AND 20-YEAR-OLD DAREN MYCUE ARE CHARGED WITH AGGRAVATED ROBBERY. THEY ARE IN CUSTODY TONIGHT AT THE LIMESTONE COUNTY JAIL WITH BONDS SET AT 40-THOUSAND DOLLARS. MEXIA POLICE SAY THEY RECEIVED A 9- 1-1 CALL FROM C-J'S CORNER STORE ON WEST MILAM STREET JUST AFTER TEN ON WEDNESDAY NIGHT. MINUTES LATER, A DPS OFFICER SAW A SPEEDING CAR THAT MAHED THE DESCRIPTION OF THE CAR FROM THAT ROBBERY. THE TWO MEN WERE ARRESTED. THE VALLEY MILLS POLICE CHIEF SAYS THE TWO ALSO CONFESSED TO TWO OTHER CONVENIENCE STORE ROBBERIES IN VALLEY MILLS AND TEMPLE. THERE'S A-THOUSAND DOLLAR REWARD OUT THERE FOR ANYONE WHO KNOWS THE MAN WHO KNOCKED A WOMAN UNCONSCIOUS OUTSIDE A CENTRAL TEXAS BAR, AND STOLE HER PURSE. THE ACT WAS EVEN CAUGHT ON TAPE. THIS IS A LOOK OUTSIDE THE LIBERTY BAR IN AUSTIN LAST FRIDAY NIGHT. YOU CAN SEE THE ROBBER CAME BEHIND THE WOMAN, KNOCKED HER OUT, AND GOT AWAY WITH HER PURSE. THE WOMAN HAD TO GET EIGHT STITCHES, AND LOST A FEW TEETH. AUSTIN POLICE HAVE NO LEADS RIGHT NOW, AND ARE ASKING FOR YOUR HELP TO FIND THE ROBBER. LAWMAKERS AT THE STATE CAPITOL ARE TRYING TO MAKE THOSE INVASIVE AIRPORT SECURITY PATDOWNS, A CRIMINAL OFFENSE. THE HOUSE APPROVED A MEASURE THAT WOULD MAKE IT ILLEGAL FOR ANYONE CONDUCTING SEARCHES TO TOUCH YOUR PERSONAL AREAS, INCLUDING THROUGH CLOTHES. THE BILL'S SPONSOR SAYS IT WILL KEEP OFFICIALS FROM TREATING TRAVELERS LIKE CRIMINALS, AND WILL ALLOW TRAVELERS TO KEEP THEIR DIGNITY. HOWEVER, THE MEASURE MAY BE SUPERSEDED BY FEDERAL LAW. FUNDING FOR SOCIAL SECURITY AND MEDICARE COULD RUN OUT SOONER THAN EXPERTS THOUGHT. OFFICIALS ARE REPORTING THAT THE SLUGGISH ECONOMY HAS SHORTENED THE LIFE OF THE TRUST FUNDS. NOW SOCIAL SECURITY IS EXPECTED TO RUN DRY IN 20-36, AND MEDICARE IN 20-24. THE PEOPLE WHO OVERSEE THE FUNDING FOR THE PROGRAMS ARE WARNING THAT CHANGES NEED TO BE MADE SOON SO THAT FUTURE RETIREES WILL HAVE A CHANCE TO PREPARE FOR THEM. IT SOUNDS LIKE A POLITICAL CAMPAIGN, PLANTING NEGATIVE STORIES IN THE NEWS ABOUT THE COMPETITION. BUT THAT'S WHAT HAS FACEBOOK IN HOT WATER TONIGHT. HEAR WHAT THE COMPANY PAID TO HAVE WRITTEN ABOUT GOOGLE, WHEN NEWS TEN AT SIX RETURNS. MOST FACEBOOK USERS WATCH THEIR WALLS AND FEEDS CAREFULLY. WALLS AND FEEDS CAREFULLY. THEY DON'T WANT ANY POSTS OR COMMENTS OUT THERE THAT MIGHT HURT THEIR REPUTATION. BUT NOW FACEBOOK IS ACCUSED OF TRYING TO DO JUST THAT, TO GOOGLE. MARK SAYRE EXPLAINS HOW. MOVING GRAPHIC OF ZUCK & LARRY PAGE SIDE-BY- SIDE THEY ARE TWO OF THE BIGGEST TITANS IN SILICON VALLEY. FACEBOOK CEO MARK ZUCKERBERG AND GOOGLE CEO LARRY PAGE. THEIR RESPECTIVE CORPORATE HEQUARTERS ARE JUST 5 MILES APART. CAMPUS SHOTS FROM COMPANIES SO WHY WOULD FACEBOOK TRY TO "PLANT" NEGIVE STORIES ABOUT GOOGLE IN THE NEWS? ERIC GOLDMAN/SANTA CLARA UNIVERSITY 4456 0949-54 YOU KNOW WE ARE FRIENDS IN SILICON VALLEY UNTIL WE ARE NOT. AND WE HAVE A LOT OF UNIVERSITY. ERIC GOLDMAN/SANTA CLARA UNIVERSITY 4456 0928- FACEBOOK IS OBVIOUSLY PAYING VERY CLOSE ATTENTION TO WHAT GOOGLE IS DOING.

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Facebook's stealth attack on Google | View Clip
05/12/2011
SiliconValley.com

FILE - In this Nov. 10, 2010 file photo, the company logo is displayed is at Google headquarters in Mountain View, Calif. The intense rivalry between Facebook and Google just got juicier as characters behind the latest Silicon Valley drama evoked talk of smear campaigns, secret clients and even Richard Nixon. It took a once-secret blogger, known as Fake Steve Jobs, to help sort it all out. (AP Photo/Paul Sakuma, file)

In an unfolding tale of Silicon Valley-style skullduggery, Facebook on Thursday fessed up to hiring a top-drawer PR firm to bash rival Google by planting negative stories in newspapers and across the blogosphere.

The social networking giant's admission that it had hired Burson-Marsteller to rustle up reporters and bloggers to attack the search giant for allegedly violating Facebook users' privacy for its own purposes was just the first of several shoes to drop.

Burson quickly admitted it "undertook an assignment'' for Palo Alto-based Facebook, then said accepting the assignment "was not standard procedure'' and that it should never have done it. And while Google did not return repeated requests for interviews

More Google

from the Mercury News, Google spokesman Chris Gaither, with typical Google whimsy, told USA Today that "we're not going to comment further. Our focus is on delighting people with great products."

As two of the valley's titans squared off in what some think is shaping up as the Internet's biggest battle ever, observers were left amused and scratching their heads.

"It's like Donkey Kong between Facebook and Google, seeking victory by any means,'' said Santa Clara University law professor Eric Goldman. "But I'm a little perplexed about why Facebook decided to try and stir the pot through a PR agency. If they wanted to call out Google, then call them out publicly.''

But public was not the way Facebook wanted to roll on this.

The stealth campaign started to unravel last week after two Burson agents, including former CNBC news anchor Jim Goldman, stepped up what USA Today called "a whisper campaign." The plan was to get top-tier media outlets to run news stories and editorials about how an obscure Google Gmail feature called Social Circle ostensibly violates Facebook users' privacy.

Burson operative John Mercurio emailed former Federal Trade Commission researcher and blogger Christopher Soghoian, making a vague pitch for him to pen a Goolge-bashing "op-ed this week for a top-tier media outlet on an important issue that I know you're following closely.''

But when Soghoian started asking pesky questions, like "Who is paying for this? (not paying me, but paying you),'' Facebook's secret mission began to implode. Smelling something fishy, Soghoian posted the full e-mail text of Mercurio's pitch -- along with his rejection -- on the Internet. Daily Beast blogger Dan Lyons then pieced together the clues and figured out that Facebook was behind the spin campaign.

Much to Facebook's embarrassment, their spinmeisters had reached out to the wrong hack.

"Facebook did make a mistake, and the mistake is when you're dealing with a reporter, particularly one you don't know, you shouldn't hide who you're working for,'' said one Bay Area public-relations executive who asked that his name not be used in order to avoid embarrassing his clients. "It's part of competition to share concerns you have about your competitors' products and services, and that's a natural part of business. ''

While the campaign collapsed for Facebook, longtime Valley observers say this sort of under-the-radar publicity maneuver is commonplace, especially when Company A wants to give Company B a black eye without getting their own hands dirty.

When he read of Facebook's campaign, industry analyst Tim Bajarin said "I had to laugh. I've been doing this for 30 years and I see this stuff all the time, because PR companies are responsible for trying to make their clients look the best they can. How Facebook's PR team went about it was a little unorthodox perhaps, but they were just doing their job.''

The scandal highlights the battle between the two Goliaths over control of the lion's share of the lucrative online advertising business. With its 600 million members, Facebook's increasingly exploiting its treasure trove of personal user data by targeting ads, putting it in conflict the Mountain View-based search giant.

Competition between the two companies was underscored recently when Google CEO and co-founder Larry Page put out a memo letting staff know that social networking was a top priority for Google -- so much so that a quarter of every Googler's bonus this year reportedly will be based on how well the search company does in the social realm.

Roger Kay, an analyst with Endpoint Technologies in Massachusetts and a blogger for Forbes, said Burson's failure to keep the stealth campaign stealth effectively made Facebook tip it hand in a high-stakes game of online domination.

"This shows the world that Facebook is really focused on Google as its main competitor, which many people might not have fully realized,'' he said. "The nightmare scenario for Facebook is that all the data they've gathered and stored about their members over time could now be threatened by Google.''

Facebook's beef driving the campaign, according to Burson, is that Google has been scraping private data from Facebook's membership base to "build deeply personal dossiers on millions of users.'' Google would not comment on whether it's in fact doing this scraping.

But if they are, says Kay, "and Google is able to take out its big camera and take a huge snapshot of that metadata and somehow monetize all that information, that prospect obviously scares the bejesus out of Facebook.''

For now, Google remains king of search and Facebook remains king of social media. "But if both companies are trying to monetize that same private data, it seems like they're now set on a direct collision course,' said Kay. "And this won't be the last time that that battle breaks into the open.''

Contact Patrick May at 408-920-5689. Follow him at Twitter.com/patmaymerc

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Facebook's stealth attack on Google | View Clip
05/12/2011
San Jose Mercury News - Online

FILE - In this Nov. 10, 2010 file photo, the company logo is displayed is at Google headquarters in Mountain View, Calif. The intense rivalry between Facebook and Google just got juicier as characters behind the latest Silicon Valley drama evoked talk of smear campaigns, secret clients and even Richard Nixon. It took a once-secret blogger, known as Fake Steve Jobs, to help sort it all out. (AP Photo/Paul Sakuma, file)

In an unfolding tale of Silicon Valley skulduggery, on Thursday fessed up to hiring a top-drawer PR firm to bash rival Google (GOOG) by planting negative stories in newspapers and across the blogosphere.

The social networking giant's admission that it had hired Burson-Marsteller to rustle up reporters and bloggers to attack the search giant for violating Facebook users' privacy was just the first of several shoes to drop.

Burson quickly admitted it "undertook an assignment" for Palo Alto-based

More Google

Facebook, then said accepting the assignment "was not standard procedure" and that it should never have done it. And while Google did not return repeated requests for interviews from the Mercury News, company spokesman Chris Gaither, with typical Google whimsy, told USA Today that "we're not going to comment further. Our focus is on delighting people with great products."

As two of the valley's titans fought the latest skirmish in what some think is shaping up as the Internet's biggest battle ever, observers were left amused and scratching their heads.

"It's on like Donkey Kong between Facebook and Google, seeking victory by any means," said Santa Clara University law professor Eric Goldman. "But I'm a little perplexed about why

Facebook decided to try and stir the pot through a PR agency. If they wanted to call out Google, then call them out publicly."

But public was not the way Facebook wanted to roll. The stealth campaign started to unravel last week after two Burson agents, including former CNBC news anchor Jim Goldman, stepped up what USA Today called "a whisper campaign." The plan was to get top-tier media outlets to run news stories and editorials about how an obscure Google Gmail feature called Social Circle ostensibly violates Facebook users' privacy.

Burson operative John Mercurio emailed former Federal Trade Commission researcher and blogger Christopher Soghoian, making a vague pitch for him to pen a Google-bashing "op-ed this week for a top-tier media outlet on an important issue that I know you're following closely." And in one pot-calling-the-kettle-black passage, Mercurio wrote, "Google, as you know, has a well-known history of infringing on the privacy rights of America's Internet users."

But when Soghoian started asking pesky questions, like "Who is paying for this? (not paying me, but paying you)," Facebook's secret mission began to implode. Smelling something fishy, Soghoian posted the full e-mail text of Mercurio's pitch -- along with his rejection -- on the Internet. Daily Beast blogger Dan Lyons then pieced together the clues and figured out that Facebook was behind the spin campaign.

Much to Facebook's embarrassment, their spinmeisters had reached out to the wrong hack.

"Facebook did make a mistake, and the mistake is when you're dealing with a reporter, particularly one you don't know, you shouldn't hide who you're working for," said one Bay Area public-relations executive who asked that his name not be used in order to avoid embarrassing his clients. "It's part of competition to share concerns you have about your competitors' products and services, and that's a natural part of business."

When he read of Facebook's campaign, industry analyst Tim Bajarin said, "I had to laugh. I've been doing this for 30 years and I see this stuff all the time, because PR companies are responsible for trying to make their clients look the best they can. How Facebook's PR team went about it was a little unorthodox perhaps, but they were just doing their job."

Still, Facebook felt bad about the whole mess. "The issues are serious and we should have presented them in a serious and transparent way," the company said in a statement.

The scandal highlights the battle between the two Goliaths over control of the lion's share of the lucrative online advertising business. With its 600 million members, Facebook is increasingly exploiting its treasure trove of personal user data by targeting ads, putting it in conflict the Mountain View-based search giant.

Competition between the two companies was underscored recently when Google CEO and co-founder Larry Page put out a memo letting staff know that social networking was a top priority for Google -- so much so that a quarter of every Googler's bonus this year reportedly will be based on how well the search company does in the social realm.

Roger Kay, an analyst with Endpoint Technologies in Massachusetts and a blogger for Forbes, said Burson's failure to keep the stealth campaign stealthy effectively made Facebook tip its hand in a high-stakes game of online domination.

"This shows the world that Facebook is really focused on Google as its main competitor, which many people might not have fully realized," he said. "The nightmare scenario for Facebook is that all the data they've gathered and stored about their members over time could now be threatened by Google."

Facebook's beef driving the campaign, according to Burson, is that Google has been scraping private data from Facebook's membership base to "build deeply personal dossiers on millions of users." Specifically, Facebook says Google's Social Circle, which allows people with Gmail accounts to see information not only about their Facebook friends but also about the friends of their friends, is a violation of member's privacy. Google would not comment.

If Google "is able to take out its big camera and take a huge snapshot of that metadata and somehow monetize all that information, that prospect obviously scares the bejesus out of Facebook," Kay said.

For now, Google remains king of search and Facebook remains king of social media. "But if both companies are trying to monetize that same private data, it seems like they're now set on a direct collision course," said Kay. "And this won't be the last time that that battle breaks into the open."

Contact Patrick May at 408-920-5689. Follow him at Twitter.com/patmaymerc.

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It's all about the music with Dr. Aileen James | View Clip
05/12/2011
Union - Online, The

By Keith PorterSpecial to Prospector

Aileen James and Ken Hardin playing

Nevada County's love affair with great music may have originated with Cornish immigrant miners, but it didn't stop there.

Many outstanding musicians have chosen to make their home here and bring their talents to the community. One of those is Dr. Aileen James. You'll know you've crossed her path if you see her custom license plate: “MUSIC8R.”

Daughter of a physician in Van Nuys, James found her passion for music by the time she was 2.

“Music was all I knew, but I never felt it was forced on me. My mother used to make me stop practicing to go outdoors to get my exercise,” she says.

She played The Grieg Concerto with the Glendale Symphony at age 12, and at 15 debuted in Los Angeles playing Tchaikovsky's First Piano Concerto with the Meremblum Youth Symphony. Meremblum was a close friend of legendary violinist Jascha Heifetz.

After earning her college degree in music, James decided not to follow a concert pianist's career path; she married and settled down to a “normal” life. Three children followed, but she continued to teach, perform and study music with Adolph Baller from Stanford.

Then it was back to school for a master's degree and a teaching position at Pacific Union College, then on to the Bay Area for more teaching, studies, chamber concerts and accompanying ballet rehearsals. With the encouragement of her teacher, Julian White, James received a full fellowship for a Music Doctorate program at Stanford. Upon completion, she received a teaching position at Santa Clara University.

James' physician husband joined an HMO in Indiana, where they spent 13 years.

“Indianapolis is the headquarters of the American Pianists Association, and I had an excellent opportunity to develop my organizing skills as their artistic director and manager of the fellowship program,” James says.

James learned about Nevada County when she performed at the American Victorian Museum (now Miners Foundry) in Nevada City in the '70s. Her attachment deepened as her son and his wife came here as newlywed school teachers in 1981, and began singing in a chorale. Her son hosted a classical music show on KVMR.

When it came time for husband Dr. Don Traeger to retire, there was no question about where they'd live.

“I had grown to love Nevada County. There wasn't any other place we wanted to be,” James says. “We knew the area was active in the arts, and my husband performed in community theater and was hoping to get back to it, but wasn't well enough. He passed away in 2003.”

The local music scene was quick to recognize her talent and energy, as James was invited to join the board of Twin Cities Concert Association (now InConcert Sierra,) where she currently serves as secretary. Later she also served on the board of Music in the Mountains (MIM). With her lifelong experience teaching music, she's also headed up Educational Outreach committees for both organizations.

Mark Vance, executive director of the Nevada County Composer's Cooperative and MIM Educational Director, says, “Aileen came to this community and immediately jumped in with both feet, performing, accompanying, teaching and taking board leadership positions. Not only is Aileen a talented musician but she is a true patron who makes art happen in our community.”

James recently began hosting a new classical music radio broadcast on KVMR. Her next broadcast will be aired tonight (Thursday, May 12), from 8 to 10 p.m., with the theme “Choral Music Around the World.”

James also interviews InConcert Sierra's guest artists in the pre-concert forum, writes concert program notes and on occasion plays piano four-hands with Artistic Director Ken Hardin.

“Aileen is a generous spirit and a talented musician who has added immeasurably to our rich musical scene,” Hardin says.

Keith Porter is president of the board of InConcert Sierra, and enjoys being able to rub elbows with talented people.

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19 Action News|Cleveland, OH|Breaking News, Weather, ExclusivesKidZania Emphasizes Safety and Trust With Appointment of Former Yahoo! Executive to New VP Role | View Clip
05/12/2011
WOIO-TV - Online

SOURCE KidZania

KidZania Expands U.S. Management Team at Silicon Valley Headquarters

SAN JOSE, Calif., May 12, 2011 /PRNewswire/ -- KidZania, the global leader in location-based, kid's edutainment today announced the appointment of former Yahoo! executive, Catherine Teitelbaum, as Vice President, Trust and Safety, joining the growing U.S. management team.  KidZania, with eight parks in six markets globally, is on a rapid trajectory to expand into additional markets, including the U.S., over the next two years, and to launch a completely new online experience in early 2012.

Teitelbaum brings more than 10 years experience in children's education and safety products, including online community and content standard development and enforcement for all of Yahoo!'s broad network products, including Yahoo! Kids.

"Children are at the core of KidZania, both in the parks and online. We are absolutely committed to providing an experience for children and their families that is safe, inspirational, and empowering," says Cammie Dunaway, U.S. President and Global Chief Marketing Officer, KidZania.  "Catherine brings a wealth of experience to KidZania. We see this as an opportunity to be an industry leader in the online interactive world."

With consumer trust and safety as her continued mission, Teitelbaum is responsible for creating KidZania's policies for online data collection, community guidelines and moderation, and monetization. She will work directly with the product development, engineering, and creative teams to ensure KidZania's online products and services meet or exceed legal and industry standards.

Teitelbaum has managed a wide array of policy issues on child safety, education, privacy, community development and standards, user-generated content, abuse reporting, mobile products, safe search, and advertising standards. In her role as Yahoo!'s policy director, she helped lead the rapid growth and development of Yahooligans!, Yahoo!'s award winning kid site, and the launch of Yahoo! Education and Yahoo! Safely. She also served as editor-in-chief of Yahoo! Safely.  Prior to joining Yahoo! she worked for a decade as an elementary and middle school teacher and K-8 Technology Coordinator in Northern California. Catherine also has worked closely with child protection and Internet Safety non-profit organizations including CARU, the National Center for Missing & Exploited Children, the Internet Keepsafe Coalition, Wired Safety, I-SAFE, ConnectSafely, and Common Sense Media.

Teitelbaum has a BA in Rhetoric and English from University of California, Davis, received a California multiple subject teaching credential from the Santa Clara University, and multiple specialty credentials in Teaching English as a Second Language, Education Technology and Middle School Studies.

KidZania is a global brand with eight active parks and 13 under construction. The first KidZania opened in Mexico City in 1999, quickly becoming a premier destination. The second park opened in 2006 in Monterrey, Mexico, followed by Tokyo. Jakarta launched in 2007, with Osaka and Lisbon opening doors in 2009. Success in all markets led to early 2010 launches in Dubai and Seoul. To date, more than 14.5 million kids and parents have visited the parks globally. The trajectory continues with upcoming park openings slated for Bangkok, Shanghai, Santiago, Sao Paulo, Kuala Lumpur, and Mumbai, plus a KidZania "Drive" park in Mexico City where kids can drive from point-to-point. Expansion into Istanbul, Cairo, and Saudi Arabia is also planned, followed by the U.S.

About KidZania:

KidZania, Inc., headquartered in Mexico, is privately held. KidZania is recognized globally for its unique blend of entertainment and education for children. It has won numerous awards, including World's Top Family Entertainment Center by the IAAPA (International Association of Amusement Parks and Attractions), and 2009 Global Leisure Operator of the Year. For more information about KidZania and the park locations, visit www.KidZania.com.

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Generalized Reed Solomon Codes for Erasure Correction in SDDS | View Clip
05/12/2011
ZDNet.fr

Téléchargement gratuit

Plus de livres blancs

Date: 11/05/2011

Vendeur: Santa Clara University

Sujets Scalability , Storage Management

Scalable Distributed Data Structures (SDDS) need scalable availability. This can be provided through replication, which is storage intensive, or through the use of Erasure Correcting Codes (ECC) to provide redundancy, which is more complicated. The authors calculate availability under both strategies and show that redundancy through use of an ECC implies significantly less overhead. They introduce a generalized Reed Solomon code as an ECC that uses ordinary parity (XOR) for the first level of redundancy, and adapts to the scaling up and down of an SDDS file. They derive the relevant properties of the ECC directly and discuss its adaptation to the changing needs of a SDDS.

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Indian population diversifying Bay Area's Asian population | View Clip
05/12/2011
Whittier Daily News

From left, Cupertino High School freshmen Diksha Venkatesh, 15, Nirmit Shah, 14, Rogers Li, 14, Serena Tang, 14, and Ryan Lui, 14, talk to the Mercury News on May 11, 2011 during lunch break in Cupertino. (Dai Sugano/Mercury News)

Two decades ago, Indian-Americans started changing the story of Silicon Valley's Asian community. Now, they have rewritten it.

In the most striking example of the growth and growing diversity of the Bay Area's Asian-Americans, the spiking Indian-American population has fanned out from familiar beachheads to affluent towns offering excellent schools, from Cupertino in the heart of Silicon Valley to San Ramon in the East Bay.

The trend -- revealed this week in the latest snapshot from the 2010 census -- is surfacing in tabla drumming and Sanskrit classes offered out of living rooms, Indian markets and world-class cricket fields.

"My whole world is complete within two miles of my home," said Kinjal Buch,

46, an Indian-born engineer who calls Cupertino home.

Every Asian group, from Indians to Vietnamese to Filipinos, saw their numbers grow markedly from 2000 to 2010, except for one: The number of Japanese-Americans remained more or less unchanged and even declined in some counties.

But among Asian groups, none grew more rapidly than Indian-Americans. Their numbers in Santa Clara County jumped from about 67,000 to nearly 118,000 in a mere decade. It's hard to imagine now, but there were only about 5,200 Indian-Americans in the county in 1981. In California, the number of Indian-Americans grew by 68 percent to 528,176 over the decade, and in the nine-county Bay Area the number grew by 53 percent to 244,493.

Numbers aside,

another interesting development is how Indian-Americans are moving within the region. They first bypassed traditional urban neighborhoods for gateway suburbs like Fremont and Milpitas, and now are moving on to more affluent towns like Saratoga and Palo Alto.

Just when Cupertino got over the cultural shock of seeing Chinese dragons marching in the Fourth of July parade, another wave of newcomers is changing the character of a city that -- after Milpitas -- became Santa Clara County's second Asian-majority city over the past decade. The proportion of Indians grew from 9 to 23 percent of the town of 58,300, creeping up on the Chinese, who now make up 28 percent of the population. Over the past decade, Cupertino's Indian-American population rose by 199 percent.

And that change is evident.

In a typical week, Buch shops for okra, tindora and surti pardi beans at an Indian market. She drops off her boys for cricket practice or tabla drum lessons in town. Over the weekend, she and her husband, Hemant, might dine with friends at one of Cupertino's new Indian restaurants. There's even a Tamil language academy held every weekend at the campus of De Anza College in Cupertino.

The Buchs moved from Gujurat, India, to San Jose in 1987, then moved to Cupertino in 2001, primarily for the schools. Cupertino's elementary and high schools rank in the top 10 of California schools.

"Anything we wanted to do was happening at Stevens Creek Boulevard and Lawrence Expressway. It was the epicenter of our lives," said Hemant Buch, an engineer at Logitech in Fremont and founder of the California Cricket Academy, the nation's first all-youth cricket league designed to teach kids a favorite South Asian sport.

However, it would be a mistake to think that the Indians moving to Cupertino are all startup millionaires who suddenly can afford the town's pricey real estate, said James Lai, director of the Ethnic Studies Program at Santa Clara University.

"Both wealthy and working class have chosen to live there," he said. "They all want to take advantage of the public schools and the community amenities like restaurants, drum lessons, temples and an existing cultural network."

He said Indians are similar to the Chinese immigrants from Taiwan and the mainland who found Cupertino so desirable before them. They share a relatively high level of education compared with other immigrant groups and a focus on engineering or technology careers, and they will pump the lion's share of their incomes into educating their children.

In the burgeoning Dougherty Valley region of San Ramon, parks and recreation officials have noticed a spike in demand at elementary and middle schools for "educational support programs" designed to supplement instruction in science, math, music and other subjects.

San Ramon's Indian-American population boomed by 490 percent over the past decade -- now totaling more than 8,000 -- and the city has also seen a 226 percent spike in Chinese-Americans, who number almost 8,500 on the latest census.

As a result, more programs like karaoke, tai chi and mah-jongg are being offered at the San Ramon Senior Center on Alcosta Boulevard.

Lai and other experts aren't sure about the long-term effects of this new migration. They wonder whether Indian-Americans who rent will stay long enough to run for city council, school board or even build a new temple or community center. Last year, however, Cupertino became the first city in the Bay Area to open a cricket pitch built to international standards.

One thing, however, is throwing into question the stability of newcomers like Ranjini Rangaraaj: the cost of living.

Packing up her son's tabla drums after a lesson in the living room of his instructor, Satish Tare, she laughed at the notion of buying a house in Cupertino any time soon.

"No way," Rangaraaj said. "I don't know if we will ever be able to afford one here."

She and her husband moved directly from India to Cupertino about four years ago. She plans to get involved in school when her daughter enters kindergarten, and the family will continue to rent in Cupertino at least until she graduates from high school about 16 years from now.

Still, a good number of Indian-Americans probably will settle in Cupertino. That brings up the sensitive issue of race relations, with a twist on how they will get along with Chinese-Americans. The latter struggled to win acceptance but now have a majority of seats on the City Council.

"The question will be how they see themselves, as aligned or in a zero-sum game, where you lose and I win," Lai said.

On Stevens Creek Boulevard on Wednesday, five teenagers from Cupertino High School -- three Chinese-American, two Indian-American -- looking for a place to have lunch offered an optimistic answer to Lai's question.

"We don't care, we're all friends," said Serena Tang, 14, who is Chinese-American.

The group debated whether to eat at Shanghai Dim Sum or the newer Indian market Pasha's a few doors away. If there's any downside to the pan-Asian movement into Cupertino, they said, it's the near-absence of black, white and Latino students for a truly integrated campus experience.

"There's no variation," said Diksha Venkatesh, 15.

"We don't really see many black people," said Nirmit Shah, 14. And the "white kids usually hang out by themselves."

A tour through the commercial corridor reveals the rise of the Indian-American population in a Cupertino that is still evolving as a multicultural town. At a shopping strip just down the street from Apple's headquarters, Kumud Groceries, with its Bollywood DVDs, sits near the Cupertino Indian Restaurant and Bakery.

What's missing is the Chinese flower shop. It closed six months ago.

Mercury News Research Director Leigh Poitinger and Bay Area News Group staff writer Jeanine Benca contributed to this report. Contact Joe Rodriguez at 408-920-5767 or jrodriguez@mercurynews.com.

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Indian population diversifying Bay Area's Asian population | View Clip
05/12/2011
San Jose Mercury News - Online

From left, Cupertino High School freshmen Diksha Venkatesh, 15, Nirmit Shah, 14, Rogers Li, 14, Serena Tang, 14, and Ryan Lui, 14, talk to the Mercury News on May 11, 2011 during lunch break in Cupertino. (Dai Sugano/Mercury News)

Two decades ago, Indian-Americans started changing the story of Silicon Valley's Asian community. Now, they have rewritten it.

In the most striking example of the growth and growing diversity of the Bay Area's Asian-Americans, the spiking Indian-American population has fanned out from familiar beachheads to affluent towns offering excellent schools, from Cupertino in the heart of Silicon Valley to San Ramon in the East Bay.

The trend -- revealed this week in the latest snapshot from the 2010 census -- is surfacing in tabla drumming and Sanskrit classes offered out of living rooms, Indian markets and world-class cricket fields.

"My whole world is complete within two miles of my home," said Kinjal Buch,

46, an Indian-born engineer who calls Cupertino home.

Every Asian group, from Indians to Vietnamese to Filipinos, saw their numbers grow markedly from 2000 to 2010, except for one: The number of Japanese-Americans remained more or less unchanged and even declined in some counties.

But among Asian groups, none grew more rapidly than Indian-Americans. Their numbers in Santa Clara County jumped from about 67,000 to nearly 118,000 in a mere decade. It's hard to imagine now, but there were only about 5,200 Indian-Americans in the county in 1981. In California, the number of Indian-Americans grew by 68 percent to 528,176 over the decade, and in the nine-county Bay Area the number grew by 53 percent to 244,493.

Numbers aside,

another interesting development is how Indian-Americans are moving within the region. They first bypassed traditional urban neighborhoods for gateway suburbs like Fremont and Milpitas, and now are moving on to more affluent towns like Saratoga and Palo Alto.

Just when Cupertino got over the cultural shock of seeing Chinese dragons marching in the Fourth of July parade, another wave of newcomers is changing the character of a city that -- after Milpitas -- became Santa Clara County's second Asian-majority city over the past decade. The proportion of Indians grew from 9 to 23 percent of the town of 58,300, creeping up on the Chinese, who now make up 28 percent of the population. Over the past decade, Cupertino's Indian-American population rose by 199 percent.

And that change is evident.

In a typical week, Buch shops for okra, tindora and surti pardi beans at an Indian market. She drops off her boys for cricket practice or tabla drum lessons in town. Over the weekend, she and her husband, Hemant, might dine with friends at one of Cupertino's new Indian restaurants. There's even a Tamil language academy held every weekend at the campus of De Anza College in Cupertino.

The Buchs moved from Gujurat, India, to San Jose in 1987, then moved to Cupertino in 2001, primarily for the schools. Cupertino's elementary and high schools rank in the top 10 of California schools.

"Anything we wanted to do was happening at Stevens Creek Boulevard and Lawrence Expressway. It was the epicenter of our lives," said Hemant Buch, an engineer at Logitech in Fremont and founder of the California Cricket Academy, the nation's first all-youth cricket league designed to teach kids a favorite South Asian sport.

However, it would be a mistake to think that the Indians moving to Cupertino are all startup millionaires who suddenly can afford the town's pricey real estate, said James Lai, director of the Ethnic Studies Program at Santa Clara University.

"Both wealthy and working class have chosen to live there," he said. "They all want to take advantage of the public schools and the community amenities like restaurants, drum lessons, temples and an existing cultural network."

He said Indians are similar to the Chinese immigrants from Taiwan and the mainland who found Cupertino so desirable before them. They share a relatively high level of education compared with other immigrant groups and a focus on engineering or technology careers, and they will pump the lion's share of their incomes into educating their children.

In the burgeoning Dougherty Valley region of San Ramon, parks and recreation officials have noticed a spike in demand at elementary and middle schools for "educational support programs" designed to supplement instruction in science, math, music and other subjects.

San Ramon's Indian-American population boomed by 490 percent over the past decade -- now totaling more than 8,000 -- and the city has also seen a 226 percent spike in Chinese-Americans, who number almost 8,500 on the latest census.

As a result, more programs like karaoke, tai chi and mah-jongg are being offered at the San Ramon Senior Center on Alcosta Boulevard.

Lai and other experts aren't sure about the long-term effects of this new migration. They wonder whether Indian-Americans who rent will stay long enough to run for city council, school board or even build a new temple or community center. Last year, however, Cupertino became the first city in the Bay Area to open a cricket pitch built to international standards.

One thing, however, is throwing into question the stability of newcomers like Ranjini Rangaraaj: the cost of living.

Packing up her son's tabla drums after a lesson in the living room of his instructor, Satish Tare, she laughed at the notion of buying a house in Cupertino any time soon.

"No way," Rangaraaj said. "I don't know if we will ever be able to afford one here."

She and her husband moved directly from India to Cupertino about four years ago. She plans to get involved in school when her daughter enters kindergarten, and the family will continue to rent in Cupertino at least until she graduates from high school about 16 years from now.

Still, a good number of Indian-Americans probably will settle in Cupertino. That brings up the sensitive issue of race relations, with a twist on how they will get along with Chinese-Americans. The latter struggled to win acceptance but now have a majority of seats on the City Council.

"The question will be how they see themselves, as aligned or in a zero-sum game, where you lose and I win," Lai said.

On Stevens Creek Boulevard on Wednesday, five teenagers from Cupertino High School -- three Chinese-American, two Indian-American -- looking for a place to have lunch offered an optimistic answer to Lai's question.

"We don't care, we're all friends," said Serena Tang, 14, who is Chinese-American.

The group debated whether to eat at Shanghai Dim Sum or the newer Indian market Pasha's a few doors away. If there's any downside to the pan-Asian movement into Cupertino, they said, it's the near-absence of black, white and Latino students for a truly integrated campus experience.

"There's no variation," said Diksha Venkatesh, 15.

"We don't really see many black people," said Nirmit Shah, 14. And the "white kids usually hang out by themselves."

A tour through the commercial corridor reveals the rise of the Indian-American population in a Cupertino that is still evolving as a multicultural town. At a shopping strip just down the street from Apple's headquarters, Kumud Groceries, with its Bollywood DVDs, sits near the Cupertino Indian Restaurant and Bakery.

What's missing is the Chinese flower shop. It closed six months ago.

Mercury News Research Director Leigh Poitinger and Bay Area News Group staff writer Jeanine Benca contributed to this report. Contact Joe Rodriguez at 408-920-5767 or jrodriguez@mercurynews.com.

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Indian population diversifying Bay Area's Asian population | View Clip
05/12/2011
Chico Enterprise Record - Online

From left, Cupertino High School freshmen Diksha Venkatesh, 15, Nirmit Shah, 14, Rogers Li, 14, Serena Tang, 14, and Ryan Lui, 14, talk to the Mercury News on May 11, 2011 during lunch break in Cupertino. (Dai Sugano/Mercury News)

Two decades ago, Indian-Americans started changing the story of Silicon Valley's Asian community. Now, they have rewritten it.

In the most striking example of the growth and growing diversity of the Bay Area's Asian-Americans, the spiking Indian-American population has fanned out from familiar beachheads to affluent towns offering excellent schools, from Cupertino in the heart of Silicon Valley to San Ramon in the East Bay.

The trend -- revealed this week in the latest snapshot from the 2010 census -- is surfacing in tabla drumming and Sanskrit classes offered out of living rooms, Indian markets and world-class cricket fields.

"My whole world is complete within two miles of my home," said Kinjal Buch,

46, an Indian-born engineer who calls Cupertino home.

Every Asian group, from Indians to Vietnamese to Filipinos, saw their numbers grow markedly from 2000 to 2010, except for one: The number of Japanese-Americans remained more or less unchanged and even declined in some counties.

But among Asian groups, none grew more rapidly than Indian-Americans. Their numbers in Santa Clara County jumped from about 67,000 to nearly 118,000 in a mere decade. It's hard to imagine now, but there were only about 5,200 Indian-Americans in the county in 1981. In California, the number of Indian-Americans grew by 68 percent to 528,176 over the decade, and in the nine-county Bay Area the number grew by 53 percent to 244,493.

Numbers aside,

another interesting development is how Indian-Americans are moving within the region. They first bypassed traditional urban neighborhoods for gateway suburbs like Fremont and Milpitas, and now are moving on to more affluent towns like Saratoga and Palo Alto.

Just when Cupertino got over the cultural shock of seeing Chinese dragons marching in the Fourth of July parade, another wave of newcomers is changing the character of a city that -- after Milpitas -- became Santa Clara County's second Asian-majority city over the past decade. The proportion of Indians grew from 9 to 23 percent of the town of 58,300, creeping up on the Chinese, who now make up 28 percent of the population. Over the past decade, Cupertino's Indian-American population rose by 199 percent.

And that change is evident.

In a typical week, Buch shops for okra, tindora and surti pardi beans at an Indian market. She drops off her boys for cricket practice or tabla drum lessons in town. Over the weekend, she and her husband, Hemant, might dine with friends at one of Cupertino's new Indian restaurants. There's even a Tamil language academy held every weekend at the campus of De Anza College in Cupertino.

The Buchs moved from Gujurat, India, to San Jose in 1987, then moved to Cupertino in 2001, primarily for the schools. Cupertino's elementary and high schools rank in the top 10 of California schools.

"Anything we wanted to do was happening at Stevens Creek Boulevard and Lawrence Expressway. It was the epicenter of our lives," said Hemant Buch, an engineer at Logitech in Fremont and founder of the California Cricket Academy, the nation's first all-youth cricket league designed to teach kids a favorite South Asian sport.

However, it would be a mistake to think that the Indians moving to Cupertino are all startup millionaires who suddenly can afford the town's pricey real estate, said James Lai, director of the Ethnic Studies Program at Santa Clara University.

"Both wealthy and working class have chosen to live there," he said. "They all want to take advantage of the public schools and the community amenities like restaurants, drum lessons, temples and an existing cultural network."

He said Indians are similar to the Chinese immigrants from Taiwan and the mainland who found Cupertino so desirable before them. They share a relatively high level of education compared with other immigrant groups and a focus on engineering or technology careers, and they will pump the lion's share of their incomes into educating their children.

In the burgeoning Dougherty Valley region of San Ramon, parks and recreation officials have noticed a spike in demand at elementary and middle schools for "educational support programs" designed to supplement instruction in science, math, music and other subjects.

San Ramon's Indian-American population boomed by 490 percent over the past decade -- now totaling more than 8,000 -- and the city has also seen a 226 percent spike in Chinese-Americans, who number almost 8,500 on the latest census.

As a result, more programs like karaoke, tai chi and mah-jongg are being offered at the San Ramon Senior Center on Alcosta Boulevard.

Lai and other experts aren't sure about the long-term effects of this new migration. They wonder whether Indian-Americans who rent will stay long enough to run for city council, school board or even build a new temple or community center. Last year, however, Cupertino became the first city in the Bay Area to open a cricket pitch built to international standards.

One thing, however, is throwing into question the stability of newcomers like Ranjini Rangaraaj: the cost of living.

Packing up her son's tabla drums after a lesson in the living room of his instructor, Satish Tare, she laughed at the notion of buying a house in Cupertino any time soon.

"No way," Rangaraaj said. "I don't know if we will ever be able to afford one here."

She and her husband moved directly from India to Cupertino about four years ago. She plans to get involved in school when her daughter enters kindergarten, and the family will continue to rent in Cupertino at least until she graduates from high school about 16 years from now.

Still, a good number of Indian-Americans probably will settle in Cupertino. That brings up the sensitive issue of race relations, with a twist on how they will get along with Chinese-Americans. The latter struggled to win acceptance but now have a majority of seats on the City Council.

"The question will be how they see themselves, as aligned or in a zero-sum game, where you lose and I win," Lai said.

On Stevens Creek Boulevard on Wednesday, five teenagers from Cupertino High School -- three Chinese-American, two Indian-American -- looking for a place to have lunch offered an optimistic answer to Lai's question.

"We don't care, we're all friends," said Serena Tang, 14, who is Chinese-American.

The group debated whether to eat at Shanghai Dim Sum or the newer Indian market Pasha's a few doors away. If there's any downside to the pan-Asian movement into Cupertino, they said, it's the near-absence of black, white and Latino students for a truly integrated campus experience.

"There's no variation," said Diksha Venkatesh, 15.

"We don't really see many black people," said Nirmit Shah, 14. And the "white kids usually hang out by themselves."

A tour through the commercial corridor reveals the rise of the Indian-American population in a Cupertino that is still evolving as a multicultural town. At a shopping strip just down the street from Apple's headquarters, Kumud Groceries, with its Bollywood DVDs, sits near the Cupertino Indian Restaurant and Bakery.

What's missing is the Chinese flower shop. It closed six months ago.

Mercury News Research Director Leigh Poitinger and Bay Area News Group staff writer Jeanine Benca contributed to this report. Contact Joe Rodriguez at 408-920-5767 or jrodriguez@mercurynews.com.

Return to Top



Indian population diversifying Bay Area's Asian population | View Clip
05/12/2011
InsideBayArea.com

From left, Cupertino High School freshmen Diksha Venkatesh, 15, Nirmit Shah, 14, Rogers Li, 14, Serena Tang, 14, and Ryan Lui, 14, talk to the Mercury News on May 11, 2011 during lunch break in Cupertino. (Dai Sugano/Mercury News)

Two decades ago, Indian-Americans started changing the story of Silicon Valley's Asian community. Now, they have rewritten it.

In the most striking example of the growth and growing diversity of the Bay Area's Asian-Americans, the spiking Indian-American population has fanned out from familiar beachheads to affluent towns offering excellent schools, from Cupertino in the heart of Silicon Valley to San Ramon in the East Bay.

The trend -- revealed this week in the latest snapshot from the 2010 census -- is surfacing in tabla drumming and Sanskrit classes offered out of living rooms, Indian markets and world-class cricket fields.

"My whole world is complete within two miles of my home," said Kinjal Buch,

46, an Indian-born engineer who calls Cupertino home.

Every Asian group, from Indians to Vietnamese to Filipinos, saw their numbers grow markedly from 2000 to 2010, except for one: The number of Japanese-Americans remained more or less unchanged and even declined in some counties.

But among Asian groups, none grew more rapidly than Indian-Americans. Their numbers in Santa Clara County jumped from about 67,000 to nearly 118,000 in a mere decade. It's hard to imagine now, but there were only about 5,200 Indian-Americans in the county in 1981. In California, the number of Indian-Americans grew by 68 percent to 528,176 over the decade, and in the nine-county Bay Area the number grew by 53 percent to 244,493.

Numbers aside,

another interesting development is how Indian-Americans are moving within the region. They first bypassed traditional urban neighborhoods for gateway suburbs like Fremont and Milpitas, and now are moving on to more affluent towns like Saratoga and Palo Alto.

Just when Cupertino got over the cultural shock of seeing Chinese dragons marching in the Fourth of July parade, another wave of newcomers is changing the character of a city that -- after Milpitas -- became Santa Clara County's second Asian-majority city over the past decade. The proportion of Indians grew from 9 to 23 percent of the town of 58,300, creeping up on the Chinese, who now make up 28 percent of the population. Over the past decade, Cupertino's Indian-American population rose by 199 percent.

And that change is evident.

In a typical week, Buch shops for okra, tindora and surti pardi beans at an Indian market. She drops off her boys for cricket practice or tabla drum lessons in town. Over the weekend, she and her husband, Hemant, might dine with friends at one of Cupertino's new Indian restaurants. There's even a Tamil language academy held every weekend at the campus of De Anza College in Cupertino.

The Buchs moved from Gujurat, India, to San Jose in 1987, then moved to Cupertino in 2001, primarily for the schools. Cupertino's elementary and high schools rank in the top 10 of California schools.

"Anything we wanted to do was happening at Stevens Creek Boulevard and Lawrence Expressway. It was the epicenter of our lives," said Hemant Buch, an engineer at Logitech in Fremont and founder of the California Cricket Academy, the nation's first all-youth cricket league designed to teach kids a favorite South Asian sport.

However, it would be a mistake to think that the Indians moving to Cupertino are all startup millionaires who suddenly can afford the town's pricey real estate, said James Lai, director of the Ethnic Studies Program at Santa Clara University.

"Both wealthy and working class have chosen to live there," he said. "They all want to take advantage of the public schools and the community amenities like restaurants, drum lessons, temples and an existing cultural network."

He said Indians are similar to the Chinese immigrants from Taiwan and the mainland who found Cupertino so desirable before them. They share a relatively high level of education compared with other immigrant groups and a focus on engineering or technology careers, and they will pump the lion's share of their incomes into educating their children.

In the burgeoning Dougherty Valley region of San Ramon, parks and recreation officials have noticed a spike in demand at elementary and middle schools for "educational support programs" designed to supplement instruction in science, math, music and other subjects.

San Ramon's Indian-American population boomed by 490 percent over the past decade -- now totaling more than 8,000 -- and the city has also seen a 226 percent spike in Chinese-Americans, who number almost 8,500 on the latest census.

As a result, more programs like karaoke, tai chi and mah-jongg are being offered at the San Ramon Senior Center on Alcosta Boulevard.

Lai and other experts aren't sure about the long-term effects of this new migration. They wonder whether Indian-Americans who rent will stay long enough to run for city council, school board or even build a new temple or community center. Last year, however, Cupertino became the first city in the Bay Area to open a cricket pitch built to international standards.

One thing, however, is throwing into question the stability of newcomers like Ranjini Rangaraaj: the cost of living.

Packing up her son's tabla drums after a lesson in the living room of his instructor, Satish Tare, she laughed at the notion of buying a house in Cupertino any time soon.

"No way," Rangaraaj said. "I don't know if we will ever be able to afford one here."

She and her husband moved directly from India to Cupertino about four years ago. She plans to get involved in school when her daughter enters kindergarten, and the family will continue to rent in Cupertino at least until she graduates from high school about 16 years from now.

Still, a good number of Indian-Americans probably will settle in Cupertino. That brings up the sensitive issue of race relations, with a twist on how they will get along with Chinese-Americans. The latter struggled to win acceptance but now have a majority of seats on the City Council.

"The question will be how they see themselves, as aligned or in a zero-sum game, where you lose and I win," Lai said.

On Stevens Creek Boulevard on Wednesday, five teenagers from Cupertino High School -- three Chinese-American, two Indian-American -- looking for a place to have lunch offered an optimistic answer to Lai's question.

"We don't care, we're all friends," said Serena Tang, 14, who is Chinese-American.

The group debated whether to eat at Shanghai Dim Sum or the newer Indian market Pasha's a few doors away. If there's any downside to the pan-Asian movement into Cupertino, they said, it's the near-absence of black, white and Latino students for a truly integrated campus experience.

"There's no variation," said Diksha Venkatesh, 15.

"We don't really see many black people," said Nirmit Shah, 14. And the "white kids usually hang out by themselves."

A tour through the commercial corridor reveals the rise of the Indian-American population in a Cupertino that is still evolving as a multicultural town. At a shopping strip just down the street from Apple's headquarters, Kumud Groceries, with its Bollywood DVDs, sits near the Cupertino Indian Restaurant and Bakery.

What's missing is the Chinese flower shop. It closed six months ago.

Mercury News Research Director Leigh Poitinger and Bay Area News Group staff writer Jeanine Benca contributed to this report. Contact Joe Rodriguez at 408-920-5767 or jrodriguez@mercurynews.com.

Return to Top



Indian population diversifying Bay Area's Asian population | View Clip
05/12/2011
Oroville Mercury-Register

From left, Cupertino High School freshmen Diksha Venkatesh, 15, Nirmit Shah, 14, Rogers Li, 14, Serena Tang, 14, and Ryan Lui, 14, talk to the Mercury News on May 11, 2011 during lunch break in Cupertino. (Dai Sugano/Mercury News)

Two decades ago, Indian-Americans started changing the story of Silicon Valley's Asian community. Now, they have rewritten it.

In the most striking example of the growth and growing diversity of the Bay Area's Asian-Americans, the spiking Indian-American population has fanned out from familiar beachheads to affluent towns offering excellent schools, from Cupertino in the heart of Silicon Valley to San Ramon in the East Bay.

The trend -- revealed this week in the latest snapshot from the 2010 census -- is surfacing in tabla drumming and Sanskrit classes offered out of living rooms, Indian markets and world-class cricket fields.

"My whole world is complete within two miles of my home," said Kinjal Buch,

46, an Indian-born engineer who calls Cupertino home.

Every Asian group, from Indians to Vietnamese to Filipinos, saw their numbers grow markedly from 2000 to 2010, except for one: The number of Japanese-Americans remained more or less unchanged and even declined in some counties.

But among Asian groups, none grew more rapidly than Indian-Americans. Their numbers in Santa Clara County jumped from about 67,000 to nearly 118,000 in a mere decade. It's hard to imagine now, but there were only about 5,200 Indian-Americans in the county in 1981. In California, the number of Indian-Americans grew by 68 percent to 528,176 over the decade, and in the nine-county Bay Area the number grew by 53 percent to 244,493.

Numbers aside,

another interesting development is how Indian-Americans are moving within the region. They first bypassed traditional urban neighborhoods for gateway suburbs like Fremont and Milpitas, and now are moving on to more affluent towns like Saratoga and Palo Alto.

Just when Cupertino got over the cultural shock of seeing Chinese dragons marching in the Fourth of July parade, another wave of newcomers is changing the character of a city that -- after Milpitas -- became Santa Clara County's second Asian-majority city over the past decade. The proportion of Indians grew from 9 to 23 percent of the town of 58,300, creeping up on the Chinese, who now make up 28 percent of the population. Over the past decade, Cupertino's Indian-American population rose by 199 percent.

And that change is evident.

In a typical week, Buch shops for okra, tindora and surti pardi beans at an Indian market. She drops off her boys for cricket practice or tabla drum lessons in town. Over the weekend, she and her husband, Hemant, might dine with friends at one of Cupertino's new Indian restaurants. There's even a Tamil language academy held every weekend at the campus of De Anza College in Cupertino.

The Buchs moved from Gujurat, India, to San Jose in 1987, then moved to Cupertino in 2001, primarily for the schools. Cupertino's elementary and high schools rank in the top 10 of California schools.

"Anything we wanted to do was happening at Stevens Creek Boulevard and Lawrence Expressway. It was the epicenter of our lives," said Hemant Buch, an engineer at Logitech in Fremont and founder of the California Cricket Academy, the nation's first all-youth cricket league designed to teach kids a favorite South Asian sport.

However, it would be a mistake to think that the Indians moving to Cupertino are all startup millionaires who suddenly can afford the town's pricey real estate, said James Lai, director of the Ethnic Studies Program at Santa Clara University.

"Both wealthy and working class have chosen to live there," he said. "They all want to take advantage of the public schools and the community amenities like restaurants, drum lessons, temples and an existing cultural network."

He said Indians are similar to the Chinese immigrants from Taiwan and the mainland who found Cupertino so desirable before them. They share a relatively high level of education compared with other immigrant groups and a focus on engineering or technology careers, and they will pump the lion's share of their incomes into educating their children.

In the burgeoning Dougherty Valley region of San Ramon, parks and recreation officials have noticed a spike in demand at elementary and middle schools for "educational support programs" designed to supplement instruction in science, math, music and other subjects.

San Ramon's Indian-American population boomed by 490 percent over the past decade -- now totaling more than 8,000 -- and the city has also seen a 226 percent spike in Chinese-Americans, who number almost 8,500 on the latest census.

As a result, more programs like karaoke, tai chi and mah-jongg are being offered at the San Ramon Senior Center on Alcosta Boulevard.

Lai and other experts aren't sure about the long-term effects of this new migration. They wonder whether Indian-Americans who rent will stay long enough to run for city council, school board or even build a new temple or community center. Last year, however, Cupertino became the first city in the Bay Area to open a cricket pitch built to international standards.

One thing, however, is throwing into question the stability of newcomers like Ranjini Rangaraaj: the cost of living.

Packing up her son's tabla drums after a lesson in the living room of his instructor, Satish Tare, she laughed at the notion of buying a house in Cupertino any time soon.

"No way," Rangaraaj said. "I don't know if we will ever be able to afford one here."

She and her husband moved directly from India to Cupertino about four years ago. She plans to get involved in school when her daughter enters kindergarten, and the family will continue to rent in Cupertino at least until she graduates from high school about 16 years from now.

Still, a good number of Indian-Americans probably will settle in Cupertino. That brings up the sensitive issue of race relations, with a twist on how they will get along with Chinese-Americans. The latter struggled to win acceptance but now have a majority of seats on the City Council.

"The question will be how they see themselves, as aligned or in a zero-sum game, where you lose and I win," Lai said.

On Stevens Creek Boulevard on Wednesday, five teenagers from Cupertino High School -- three Chinese-American, two Indian-American -- looking for a place to have lunch offered an optimistic answer to Lai's question.

"We don't care, we're all friends," said Serena Tang, 14, who is Chinese-American.

The group debated whether to eat at Shanghai Dim Sum or the newer Indian market Pasha's a few doors away. If there's any downside to the pan-Asian movement into Cupertino, they said, it's the near-absence of black, white and Latino students for a truly integrated campus experience.

"There's no variation," said Diksha Venkatesh, 15.

"We don't really see many black people," said Nirmit Shah, 14. And the "white kids usually hang out by themselves."

A tour through the commercial corridor reveals the rise of the Indian-American population in a Cupertino that is still evolving as a multicultural town. At a shopping strip just down the street from Apple's headquarters, Kumud Groceries, with its Bollywood DVDs, sits near the Cupertino Indian Restaurant and Bakery.

What's missing is the Chinese flower shop. It closed six months ago.

Mercury News Research Director Leigh Poitinger and Bay Area News Group staff writer Jeanine Benca contributed to this report. Contact Joe Rodriguez at 408-920-5767 or jrodriguez@mercurynews.com.

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Indian population diversifying Bay Area's Asian population | View Clip
05/12/2011
Santa Cruz Sentinel - Online

By Joe Rodriguez and Lisa Fernandez

From left, Cupertino High School freshmen Diksha Venkatesh, 15, Nirmit Shah, 14, Rogers Li, 14, Serena Tang, 14, and Ryan Lui, 14, talk to the Mercury News on May 11, 2011 during lunch break in Cupertino. (Dai Sugano/Mercury News)

Two decades ago, Indian-Americans started changing the story of Silicon Valley's Asian community. Now, they have rewritten it.

In the most striking example of the growth and growing diversity of the Bay Area's Asian-Americans, the spiking Indian-American population has fanned out from familiar beachheads to affluent towns offering excellent schools, from Cupertino in the heart of Silicon Valley to San Ramon in the East Bay.

The trend -- revealed this week in the latest snapshot from the 2010 census -- is surfacing in tabla drumming and Sanskrit classes offered out of living rooms, Indian markets and world-class cricket fields.

"My whole world is complete within two miles of my home," said Kinjal Buch,

46, an Indian-born engineer who calls Cupertino home.

Every Asian group, from Indians to Vietnamese to Filipinos, saw their numbers grow markedly from 2000 to 2010, except for one: The number of Japanese-Americans remained more or less unchanged and even declined in some counties.

But among Asian groups, none grew more rapidly than Indian-Americans. Their numbers in Santa Clara County jumped from about 67,000 to nearly 118,000 in a mere decade. It's hard to imagine now, but there were only about 5,200 Indian-Americans in the county in 1981. In California, the number of Indian-Americans grew by 68 percent to 528,176 over the decade, and in the nine-county Bay Area the number grew by 53 percent to 244,493.

Numbers aside,

another interesting development is how Indian-Americans are moving within the region. They first bypassed traditional urban neighborhoods for gateway suburbs like Fremont and Milpitas, and now are moving on to more affluent towns like Saratoga and Palo Alto.

Just when Cupertino got over the cultural shock of seeing Chinese dragons marching in the Fourth of July parade, another wave of newcomers is changing the character of a city that -- after Milpitas -- became Santa Clara County's second Asian-majority city over the past decade. The proportion of Indians grew from 9 to 23 percent of the town of 58,300, creeping up on the Chinese, who now make up 28 percent of the population. Over the past decade, Cupertino's Indian-American population rose by 199 percent.

And that change is evident.

In a typical week, Buch shops for okra, tindora and surti pardi beans at an Indian market. She drops off her boys for cricket practice or tabla drum lessons in town. Over the weekend, she and her husband, Hemant, might dine with friends at one of Cupertino's new Indian restaurants. There's even a Tamil language academy held every weekend at the campus of De Anza College in Cupertino.

The Buchs moved from Gujurat, India, to San Jose in 1987, then moved to Cupertino in 2001, primarily for the schools. Cupertino's elementary and high schools rank in the top 10 of California schools.

"Anything we wanted to do was happening at Stevens Creek Boulevard and Lawrence Expressway. It was the epicenter of our lives," said Hemant Buch, an engineer at Logitech in Fremont and founder of the California Cricket Academy, the nation's first all-youth cricket league designed to teach kids a favorite South Asian sport.

However, it would be a mistake to think that the Indians moving to Cupertino are all startup millionaires who suddenly can afford the town's pricey real estate, said James Lai, director of the Ethnic Studies Program at Santa Clara University.

"Both wealthy and working class have chosen to live there," he said. "They all want to take advantage of the public schools and the community amenities like restaurants, drum lessons, temples and an existing cultural network."

He said Indians are similar to the Chinese immigrants from Taiwan and the mainland who found Cupertino so desirable before them. They share a relatively high level of education compared with other immigrant groups and a focus on engineering or technology careers, and they will pump the lion's share of their incomes into educating their children.

In the burgeoning Dougherty Valley region of San Ramon, parks and recreation officials have noticed a spike in demand at elementary and middle schools for "educational support programs" designed to supplement instruction in science, math, music and other subjects.

San Ramon's Indian-American population boomed by 490 percent over the past decade -- now totaling more than 8,000 -- and the city has also seen a 226 percent spike in Chinese-Americans, who number almost 8,500 on the latest census.

As a result, more programs like karaoke, tai chi and mah-jongg are being offered at the San Ramon Senior Center on Alcosta Boulevard.

Lai and other experts aren't sure about the long-term effects of this new migration. They wonder whether Indian-Americans who rent will stay long enough to run for city council, school board or even build a new temple or community center. Last year, however, Cupertino became the first city in the Bay Area to open a cricket pitch built to international standards.

One thing, however, is throwing into question the stability of newcomers like Ranjini Rangaraaj: the cost of living.

Packing up her son's tabla drums after a lesson in the living room of his instructor, Satish Tare, she laughed at the notion of buying a house in Cupertino any time soon.

"No way," Rangaraaj said. "I don't know if we will ever be able to afford one here."

She and her husband moved directly from India to Cupertino about four years ago. She plans to get involved in school when her daughter enters kindergarten, and the family will continue to rent in Cupertino at least until she graduates from high school about 16 years from now.

Still, a good number of Indian-Americans probably will settle in Cupertino. That brings up the sensitive issue of race relations, with a twist on how they will get along with Chinese-Americans. The latter struggled to win acceptance but now have a majority of seats on the City Council.

"The question will be how they see themselves, as aligned or in a zero-sum game, where you lose and I win," Lai said.

On Stevens Creek Boulevard on Wednesday, five teenagers from Cupertino High School -- three Chinese-American, two Indian-American -- looking for a place to have lunch offered an optimistic answer to Lai's question.

"We don't care, we're all friends," said Serena Tang, 14, who is Chinese-American.

The group debated whether to eat at Shanghai Dim Sum or the newer Indian market Pasha's a few doors away. If there's any downside to the pan-Asian movement into Cupertino, they said, it's the near-absence of black, white and Latino students for a truly integrated campus experience.

"There's no variation," said Diksha Venkatesh, 15.

"We don't really see many black people," said Nirmit Shah, 14. And the "white kids usually hang out by themselves."

A tour through the commercial corridor reveals the rise of the Indian-American population in a Cupertino that is still evolving as a multicultural town. At a shopping strip just down the street from Apple's headquarters, Kumud Groceries, with its Bollywood DVDs, sits near the Cupertino Indian Restaurant and Bakery.

What's missing is the Chinese flower shop. It closed six months ago.

Mercury News Research Director Leigh Poitinger and Bay Area News Group staff writer Jeanine Benca contributed to this report. Contact Joe Rodriguez at 408-920-5767 or jrodriguez@mercurynews.com.

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Indian population diversifying Bay Area's Asian population | View Clip
05/12/2011
Contra Costa Times - Online

Two decades ago, Indian-Americans started changing the story of Silicon Valley's Asian community. Now, they have rewritten it.

In the most striking example of the growth and growing diversity of the Bay Area's Asian-Americans, the spiking Indian-American population has fanned out from familiar beachheads to affluent towns offering excellent schools, from Cupertino in the heart of Silicon Valley to San Ramon in the East Bay.

The trend -- revealed this week in the latest snapshot from the 2010 census -- is surfacing in tabla drumming and Sanskrit classes offered out of living rooms, Indian markets and world-class cricket fields.

"My whole world is complete within two miles of my home," said Kinjal Buch, 46, an Indian-born engineer who calls Cupertino home.

Every Asian group, from Indians to Vietnamese to Filipinos, saw their numbers grow markedly from 2000 to 2010, except for one: The number of Japanese-Americans remained more or less unchanged and even declined in some counties.

But among Asian groups, none grew more rapidly than Indian-Americans. Their numbers in Santa Clara County jumped from about 67,000 to nearly 118,000 in a mere decade. It's hard to imagine now, but there were only about 5,200 Indian-Americans in the county in 1981. In California, the number of Indian-Americans grew by 68 percent to 528,176 over the decade, and in the nine-county Bay Area the number grew by 53 percent to 244,493. Numbers aside, another interesting development is how Indian-Americans are moving within the region. They first bypassed traditional urban neighborhoods for gateway suburbs like Fremont and Milpitas, and now are moving on to more affluent towns like Saratoga and Palo Alto.

Just when Cupertino got over the cultural shock of seeing Chinese dragons marching in the Fourth of July parade, another wave of newcomers is changing the character of a city that -- after Milpitas -- became Santa Clara County's second Asian-majority city over the past decade. The proportion of Indians grew from 9 to 23 percent of the town of 58,300, creeping up on the Chinese, who now make up 28 percent of the population. Over the past decade, Cupertino's Indian-American population rose by 199 percent.

And that change is evident.

In a typical week, Buch shops for okra, tindora and surti pardi beans at an Indian market. She drops off her boys for cricket practice or tabla drum lessons in town. Over the weekend, she and her husband, Hemant, might dine with friends at one of Cupertino's new Indian restaurants. There's even a Tamil language academy held every weekend at the campus of De Anza College in Cupertino.

The Buchs moved from Gujurat, India, to San Jose in 1987, then moved to Cupertino in 2001, primarily for the schools. Cupertino's elementary and high schools rank in the top 10 of California schools.

"Anything we wanted to do was happening at Stevens Creek Boulevard and Lawrence Expressway. It was the epicenter of our lives," said Hemant Buch, an engineer at Logitech in Fremont and founder of the California Cricket Academy, the nation's first all-youth cricket league designed to teach kids a favorite South Asian sport.

However, it would be a mistake to think that the Indians moving to Cupertino are all startup millionaires who suddenly can afford the town's pricey real estate, said James Lai, director of the Ethnic Studies Program at Santa Clara University.

"Both wealthy and working class have chosen to live there," he said. "They all want to take advantage of the public schools and the community amenities like restaurants, drum lessons, temples and an existing cultural network."

He said Indians are similar to the Chinese immigrants from Taiwan and the mainland who found Cupertino so desirable before them. They share a relatively high level of education compared with other immigrant groups and a focus on engineering or technology careers, and they will pump the lion's share of their incomes into educating their children.

In the burgeoning Dougherty Valley region of San Ramon, parks and recreation officials have noticed a spike in demand at elementary and middle schools for "educational support programs" designed to supplement instruction in science, math, music and other subjects.

San Ramon's Indian-American population boomed by 490 percent over the past decade -- now totaling more than 8,000 -- and the city has also seen a 226 percent spike in Chinese-Americans, who number almost 8,500 on the latest census.

As a result, more programs like karaoke, tai chi and mah-jongg are being offered at the San Ramon Senior Center on Alcosta Boulevard.

Lai and other experts aren't sure about the long-term effects of this new migration. They wonder whether Indian-Americans who rent will stay long enough to run for city council, school board or even build a new temple or community center. Last year, however, Cupertino became the first city in the Bay Area to open a cricket pitch built to international standards.

One thing, however, is throwing into question the stability of newcomers like Ranjini Rangaraaj: the cost of living.

Packing up her son's tabla drums after a lesson in the living room of his instructor, Satish Tare, she laughed at the notion of buying a house in Cupertino any time soon.

"No way," Rangaraaj said. "I don't know if we will ever be able to afford one here."

She and her husband moved directly from India to Cupertino about four years ago. She plans to get involved in school when her daughter enters kindergarten, and the family will continue to rent in Cupertino at least until she graduates from high school about 16 years from now.

Still, a good number of Indian-Americans probably will settle in Cupertino. That brings up the sensitive issue of race relations, with a twist on how they will get along with Chinese-Americans. The latter struggled to win acceptance but now have a majority of seats on the City Council.

"The question will be how they see themselves, as aligned or in a zero-sum game, where you lose and I win," Lai said.

On Stevens Creek Boulevard on Wednesday, five teenagers from Cupertino High School -- three Chinese-American, two Indian-American -- looking for a place to have lunch offered an optimistic answer to Lai's question.

"We don't care, we're all friends," said Serena Tang, 14, who is Chinese-American.

The group debated whether to eat at Shanghai Dim Sum or the newer Indian market Pasha's a few doors away. If there's any downside to the pan-Asian movement into Cupertino, they said, it's the near-absence of black, white and Latino students for a truly integrated campus experience.

"There's no variation," said Diksha Venkatesh, 15.

"We don't really see many black people," said Nirmit Shah, 14. And the "white kids usually hang out by themselves."

A tour through the commercial corridor reveals the rise of the Indian-American population in a Cupertino that is still evolving as a multicultural town. At a shopping strip just down the street from Apple's headquarters, Kumud Groceries, with its Bollywood DVDs, sits near the Cupertino Indian Restaurant and Bakery.

What's missing is the Chinese flower shop. It closed six months ago.

Mercury News Research Director Leigh Poitinger and Bay Area News Group staff writer Jeanine Benca contributed to this report. Contact Joe Rodriguez at 408-920-5767 or jrodriguez@mercurynews.com.

Return to Top



INDIAN-AMERICANS' SURGE RESHAPES VALLEY
05/12/2011
San Jose Mercury News

Two decades ago, Indian-Americans started changing the story of Silicon Valley's Asian community. Now, they have rewritten it.

In the most striking example of the growth and growing diversity of the Bay Area's Asian-Americans, the spiking Indian-American population has fanned out from familiar beachheads to affluent towns offering excellent schools, from Cupertino in the heart of Silicon Valley to San Ramon in the East Bay.

The trend -- revealed this week in the latest snapshot from the 2010 census -- is surfacing in tabla drumming and Sanskrit classes offered out of living rooms, Indian markets and world-class cricket fields.

"My whole world is complete within two miles of my home," said Kinjal Buch, 46, an Indian-born engineer who calls Cupertino home.

Every Asian group, from Indians to Vietnamese to Filipinos, saw their numbers grow markedly from 2000 to 2010, except for one: The number of Japanese-Americans remained more or less unchanged and even declined in some counties.

But among Asian groups, none grew more rapidly than Indian-Americans. Their numbers in Santa Clara County jumped from about 67,000 to nearly 118,000 in a mere decade. It's hard to imagine now, but there were only about 5,200 Indian-Americans in the county in 1981. In California, the number of Indian-Americans grew by 68 percent to 528,176 over the decade, and in the nine-county Bay Area the number grew by 53 percent to 244,493.

Numbers aside, another interesting development is how Indian-Americans are moving within the region. They first bypassed traditional urban neighborhoods for gateway suburbs like Fremont and Milpitas, and now are moving on to more affluent towns like Saratoga and Palo Alto.

Just when Cupertino got over the cultural shock of seeing Chinese dragons marching in the Fourth of July parade, another wave of newcomers is changing the character of a city that -- after Milpitas -- became Santa Clara County's second Asian-majority city over the past decade. The proportion of Indians grew from 9 to 23 percent of the town of 58,300, creeping up on the Chinese, who now make up 28 percent of the population. Over the past decade, Cupertino's Indian-American population rose by 199 percent.

And that change is evident.

In a typical week, Buch shops for okra, tindora and surti pardi beans at an Indian market. She drops off her boys for cricket practice or tabla drum lessons in town. Over the weekend, she and her husband, Hemant, might dine with friends at one of Cupertino's new Indian restaurants. There's even a Tamil language academy held every weekend at the campus of De Anza College in Cupertino.

The Buchs moved from Gujurat, India, to San Jose in 1987, then moved to Cupertino in 2001, primarily for the schools. Cupertino's elementary and high schools rank in the top 10 of California schools.

"Anything we wanted to do was happening at Stevens Creek Boulevard and Lawrence Expressway. It was the epicenter of our lives," said Hemant Buch, an engineer at Logitech in Fremont and founder of the California Cricket Academy, the nation's first all-youth cricket league designed to teach kids a favorite South Asian sport.

However, it would be a mistake to think that the Indians moving to Cupertino are all startup millionaires who suddenly can afford the town's pricey real estate, said James Lai, director of the Ethnic Studies Program at Santa Clara University.

"Both wealthy and working class have chosen to live there," he said. "They all want to take advantage of the public schools and the community amenities like restaurants, drum lessons, temples and an existing cultural network."

He said Indians are similar to the Chinese immigrants from Taiwan and the mainland who found Cupertino so desirable before them. They share a relatively high level of education compared with other immigrant groups and a focus on engineering or technology careers, and they will pump the lion's share of their incomes into educating their children.

In the burgeoning Dougherty Valley region of San Ramon, parks and recreation officials have noticed a spike in demand at elementary and middle schools for "educational support programs" designed to supplement instruction in science, math, music and other subjects.

San Ramon's Indian-American population boomed by 490 percent over the past decade -- now totaling more than 8,000 -- and the city has also seen a 226 percent spike in Chinese-Americans, who number almost 8,500 on the latest census.

As a result, more programs like karaoke, tai chi and mah-jongg are being offered at the San Ramon Senior Center on Alcosta Boulevard.

Lai and other experts aren't sure about the long-term effects of this new migration. They wonder whether Indian-Americans who rent will stay long enough to run for city council, school board or even build a new temple or community center. Last year, however, Cupertino became the first city in the Bay Area to open a cricket pitch built to international standards.

One thing, however, is throwing into question the stability of newcomers like Ranjini Rangaraaj: the cost of living.

Packing up her son's tabla drums after a lesson in the living room of his instructor, Satish Tare, she laughed at the notion of buying a house in Cupertino any time soon.

"No way," Rangaraaj said. "I don't know if we will ever be able to afford one here."

She and her husband moved directly from India to Cupertino about four years ago. She plans to get involved in school when her daughter enters kindergarten, and the family will continue to rent in Cupertino at least until she graduates from high school about 16 years from now.

Still, a good number of Indian-Americans probably will settle in Cupertino. That brings up the sensitive issue of race relations, with a twist on how they will get along with Chinese-Americans. The latter struggled to win acceptance but now have a majority of seats on the City Council.

"The question will be how they see themselves, as aligned or in a zero-sum game, where you lose and I win," Lai said.

On Stevens Creek Boulevard on Wednesday, five teenagers from Cupertino High School -- three Chinese-American, two Indian-American -- looking for a place to have lunch offered an optimistic answer to Lai's question.

"We don't care, we're all friends," said Serena Tang, 14, who is Chinese-American.

The group debated whether to eat at Shanghai Dim Sum or the newer Indian market Pasha's a few doors away. If there's any downside to the pan-Asian movement into Cupertino, they said, it's the near-absence of black, white and Latino students for a truly integrated campus experience.

"There's no variation," said Diksha Venkatesh, 15.

"We don't really see many black people," said Nirmit Shah, 14. And the "white kids usually hang out by themselves."

A tour through the commercial corridor reveals the rise of the Indian-American population in a Cupertino that is still evolving as a multicultural town. At a shopping strip just down the street from Apple's headquarters, Kumud Groceries, with its Bollywood DVDs, sits near the Cupertino Indian Restaurant and Bakery.

What's missing is the Chinese flower shop. It closed six months ago.

Mercury News Research Director Leigh Poitinger and Bay Area News Group staff writer Jeanine Benca contributed to this report. Contact Joe Rodriguez at 408-920-5767 or jrodriguez@mercurynews.com.

Copyright © 2011 San Jose Mercury News

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Google Is Investigated on Drug Ads | View Clip
05/12/2011
New York Times - Online, The

Federal regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the potential resolution of an investigation by the United States Department of Justice into the use of Google advertising by certain advertisers, but gave no further details.

The United States attorneys office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine and the Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed there was a continuing investigation. Jim Martin, a spokesman for the United States attorneys office in Rhode Island, said, We neither confirm or deny the existence of an investigation. Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as an ongoing, escalating cat-and-mouse game. In February 2010, Google changed its AdWords policy to accept ads only from pharmacies certified by the National Association Boards of Pharmacy in the United States or the Canadian International Pharmacy Association. Previously, Google had accepted ads verified by a company called PharmacyChecker.com.

In September 2010, Google filed a civil lawsuit in federal court against pharmaceutical advertisers that it believed had broken its advertising rules. Rogue pharmacies are bad for our users, for legitimate online pharmacies and for the entire e-commerce industry so we are going to keep investing time and money to stop these kinds of harmful practices, Mr. Zwibelman wrote in a company blog post at the time.

It is unclear why the investigation and penalty are coming now, after Googles cleanup efforts. Google said the $500 million charge reduced its net income last quarter by 22 percent, to $1.8 billion from $2.3 billion. We believe it will not have a material adverse effect on our business, the company said in the S.E.C. filing.

The investigation is Googles latest run-in with regulators, who have also been investigating the company on, and in some cases penalizing it for, antitrust issues and privacy violations.

Gabriel Levitt, vice president of PharmacyChecker.com, said that Googles measures to crack down on rogue pharmacy ads went too far, preventing people from getting drugs they needed.

But critics of online pharmacies say that Google and other Web sites feed the business. Its very hard to police these sites because they change every couple of days, said Joseph A. Califano Jr., founder of the National Center on Addiction and Substance Abuse at Columbia University. The only things that keeps them in business are the Googles of the world. The focus of the investigation was first reported by The Wall Street Journal.

Edward Wyatt and Charlie Savage contributed reporting from Washington.

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U.S. Inquiry Of Google On Drug Ads | View Clip
05/12/2011
New York Times - Online, The

Federal regulators are investigating Google on suspicion of illegally displaying ads for online pharmacies that are operating outside the law, government officials said Thursday.

Google has set aside $500 million to pay for a potential settlement, according to a Securities and Exchange Commission filing the company made on Tuesday. It said the money was for the potential resolution of an investigation by the into the use of Google advertising by certain advertisers, but gave no details.

The United States attorneys office in Rhode Island is leading the investigation into pharmaceutical advertising on the Web search engine and the Food and Drug Administration and Justice Department are also involved, people briefed on the investigation said.

Google and the Justice Department declined to comment. An F.D.A. spokeswoman confirmed there was a continuing investigation. Jim Martin, a spokesman for the United States attorneys office in Rhode Island, said, We neither confirm or deny the existence of an investigation. Web sites are liable for advertising that breaks federal criminal law, according to Eric Goldman, director of the High Tech Law Institute at Santa Clara University.

Google has been trying to clean up ads from so-called rogue pharmacies, which sell counterfeit drugs or do not require valid prescriptions. In the last year, Google has made significant changes to its policies for accepting pharmaceutical ads, most recently in January. But Michael Zwibelman, litigation counsel for Google, has described it as an ongoing, escalating cat-and-mouse game. In February 2010, Google changed its AdWords policy to accept ads only from pharmacies certified by the National Association Boards of Pharmacy in the United States or the Canadian International Pharmacy Association. Previously, Google had accepted ads verified by a company called PharmacyChecker.com.

In September 2010, Google filed a civil lawsuit in federal court against pharmaceutical advertisers that it believed had broken its advertising rules. Rogue pharmacies are bad for our users, for legitimate online pharmacies and for the entire e-commerce industry so we are going to keep investing time and money to stop these kinds of harmful practices, Mr. Zwibelman wrote in a company blog post at the time.

It is unclear why the investigation and penalty are coming now, after Googles cleanup efforts. Google said the $500 million charge reduced its net income last quarter by 22 percent, to $1.8 billion from $2.3 billion. We believe it will not have a material adverse effect on our business, the company said in the S.E.C. filing.

The investigation is Googles latest run-in with regulators, who have also been investigating the company on, and in some cases penalizing it for, antitrust issues and privacy violations.

Gabriel Levitt, vice president of PharmacyChecker.com, said that Googles measures to crack down on rogue pharmacy ads went too far, preventing people from getting drugs they needed.

But critics of online pharmacies say that Google and other Web sites feed the business. Its very hard to police these sites because they change every couple of days, said Joseph A. Califano Jr., founder of the National Center on Addiction and Substance Abuse at Columbia University. The only things that keeps them in business are the Googles of the world. The focus of the investigation was first reported by The Wall Street Journal . Edward Wyatt and Charlie Savage contributed reporting from Washington.

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Benicia Grads at Cal Maritime Academy | View Clip
05/12/2011
Benicia Patch

Five Benicia residents graduated  from the California Maritime Academy this month.  Award-winning San Francisco Chronicle news writer Carl Nolte was commencement speaker in the recent ceremony at the Vallejo campus.


Founded in 1929, CMA is a member of the California State University system. The Benicia graduates were awarded degrees in Marine Engineering (ME), Marine Transportation (MT) or Marine Engineering and Transportation (MET).   The rigorous four-year course of study is equivalent to a BA or BS degree.  The graduates receive hands-on maritime skills training aboard the Golden Bear.


Michael Corbaley Wilk graduated magna Cum Laude with an MET degree. Wilk has already received a job offer from a Walnut Creek firm, but is inclined to attend graduate school to study electrical engineering. “It depends what job offers I get, but I think I will go to graduate school at Santa Clara University,” Wilk remarked.


In contrast to most students with a passion to get out on the water, Wilk said that it was the mathematics and engineering that attracted him to CMA. “The teachers there are top notch,” Wilk commented. “It is not an easy program, but it is easy when you do what you like.”


Timothy Anthony Tygielski (Suma Cum Laude), Gary Alan Borrilez and Samuel Timothy Brown of Benicia received ME degrees and Jack J. Purdy earned a MT degree.


Purdy grew up in Carlsbad, California, swimming and surfing in the Pacific Ocean. “I always wanted to be an oceanographer and my goal when I went to CMA was to upgrade my license and sail as a captain,” Purdy recalls. He made a 60-day CMA training voyage to the South pacific, Japan and Korea, and another two month training cruise to through Pacific North West.


“I am ready to go to my new job at the Scripps Oceanography Institute in San Diego,” Purdy enthusiastically explained. “I have been hired as an ‘able bodied seaman.'”


Most graduates join the Merchant Marines. That is the term for people who work in commercial shipping and maritime transportation, such as ferry or tugboat services and delivering freight around the world.


“Based on who has been offered a job by July 1 after graduation, approximately 95 percent of the graduates have a well paying job ($60,000 and up),” Thomas C. Dunworth, CMA V.P. for advancement said.


Some CMA graduates apply to the U. S. Coast Guard, which is now reportedly very completive to enter, or apply to the U.S. Navy.  If they are accepted, CMA graduates enter the service as commissioned officers.

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*Catholic profs to Boehner: Shape up your faith | View Clip
05/11/2011
Seattle Post-Intelligencer

Nearly 80 faculty from Catholic universities have released a scathing letter to House Speaker John Boehner, calling on Congress' top Republican to acquaint himself with teachings of his church on the poor and disadvantaged.

Boehner is commencement speaker Saturday at the Catholic University of America. The House Speaker is a practicing Catholic and a product of Catholic schools.

“We write in the hope that this visit will reawaken your familiarity with the teachings of your Church on matters of faith and morals as they relate to governance,” the letter told Boehner.

Unlike anti-abortion demonstrators who greeted President Obama's 2009 commencement at the University of Notre Dame, the professors did not protest Boehner's appearance — and even congratulated Boehner on his upcoming speech.

But they drew up a bill of particulars on Boehner's record and House Republican budgets.

“Mr. Speaker, your voting record is at variance from one of the Church's most ancient moral teachings: From the Apostles to the present, the Magisterium of the Church has insisted that those in power are morally obligated to preference the needs of the poor.

“Your record in support of legislation to address the desperate needs of the poor is among the worst in Congress. This fundamental concern should have great urgency for Catholic policy makers.”

The letter was signed by senior faculty from Catholic University as well as such schools as Notre Dame, Loyola University of New Orleans, Georgetown University, Marquette University, Santa Clara University and St. John's University in Minnesota.

The letter was signed by seven members of the theology faculty from Xavier University in Ohio. Boehner is a Xavier graduate in business administration.

It quoted from a recent letter to Congress written by two prelates on behalf of the U.S. Conference of Catholic Bishops, which declared:

“A just framework for future budgets cannot rely on disproportionate cuts in essential services to poor persons. It requires shared sacrifice by all, including raising adequate revenues, eliminating unnecessary military and other spending, and addressing the long-term costs of health insurance and retirement programs fairly.”

Catholic University released a statement which acknowledged:

“There are diverse viewpoints on these