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Supreme Court Unanimously Slaps Conservative Appeals Court For Botching Police Shooting Case

Police Gun

Last year, an unusually conservative panel of the conservative United States Court of Appeals for the Fifth Circuit issued an opinion dismissing a black shooting victim’s lawsuit against a white police officer. On Monday, the Supreme Court unanimously reversed this decision in a rare order handed down without oral argument or full briefing from the parties. The order is even more rare because the conservative Roberts Court unanimously reversed a lower court from the left.

This case arose out of an incident on New Years Eve in 2008, when a Texas police sergeant named Jeffrey Cotton shot Robbie Tolan. Tolan is professional baseball player and the son of longtime Major Leaguer Bobby Tolan.

Around 2 in the morning on the day of the shooting, another officer ran the license plate of a black SUV that he saw take a turn a little too quickly and then park in front of a house, but the officer miskeyed the plate number — leading his computer to incorrectly tell him that the vehicle was stolen. The cop then exited his car, drew his gun, and ordered the two men who had just exited the SUV to the ground. Soon, Tolan’s parents, who lived in the home where the car was parked, emerged from the house in their pajamas and tried to explain that the car belonged to their family and that no one had committed a crime. Nevertheless, the cop radioed for backup.

Things escalated quickly after Sergeant Jeffrey Cotton arrived at the scene. Tolan and his family claim that Cotton grabbed Tolan’s mother’s arm and slammed her against the garage door with sufficient force that she fell to the ground. They also claim that, while Tolan rose to his knees after this incident, he never stood up or approached the officers. Cotton claims that he used less force on Tolan’s mother and that Tolan rose to his feet. No one disputes what happened next, however. Tolan told Cotton to “get your fucking hands off my mom” — and then Cotton drew his pistol and fired three shots at Tolan. Though Tolan survived, the bullets collapsed his right lung and pierced his liver.

After Tolan sued Cotton, his case wound up in front of a very conservative panel of the Fifth Circuit. Judges Edith Jones and Rhesa Barksdale once voted to allowa man to be executed despite the fact that his lawyer slept through much of his trial. Judge Leslie Southwick once joined a court decision upholding the reinstatement of a white state worker who was fired for calling a black colleague a “good ole n*igger.” These three judges ruled in favor of Cotton.

As the Supreme Court explained on Monday, however, Jones, Barksdale and Southwick bungled this decision. In federal courts, a party which believes that there are no real factual disputes in a case can seek something called “summary judgment” The court considering a request for summary judgement, however, must view all evidence “in the light most favorable” to the party that isn’t seeking such a judgment. Essentially, in order to win a summary judgment, a party must show that they would win their case even if every factual issue in the case were decided against them.

Yet, as the justices explain in an unsigned order, that’s not what happened in Tolan’s case. Cotton claimed that the Tolans’ porch was “dimly-lit,” that Tolan’s mother did not remain calm, that Tolan stood up and that he was ‘verbally threatening” — and that these facts justified a spur of the moment decision to shoot. Even if all of these facts are true, however, it is not the job of the Fifth Circuit to assume that they are true before the case is even tried. In the words of the Supreme Court, “[t]he witnesses on both sides come to this case with their own perceptions, recollections, and even potential biases. It is in part for that reason that genuine disputes are generally resolved by juries in our adversarial system.”

The upshot of this the Supreme Court’s opinion is that the Fifth Circuit will have to try again. Tolan could still lose, but he is entitled to have his case considered under the proper legal standard first.

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Dick Cheney denies war criminal allegations at KPU event

Former Vice President Dick Cheney refuted accusations that he is a war criminal during his speech to students and members of the AU community in Bender Arena on March 28. The Kennedy Political Union hosted Cheney as part of a stream of speakers coming to campus.

“The accusations are not true,” Cheney said.

20140327_kpucheney_anasantos_c_0088Former VP Dick Cheney Talks Politics, Responds to Controversy at KPU Event

 

During his vice presidency, three people were waterboarded, Cheney said. Waterboarding refers to either pumping a stomach with water or inducing choking by filling a throat with a stream of water, according to a report by NPR.

“Some people called it torture. It wasn’t torture,” Cheney said in an interview with ATV.

Students protested the event due to the accusations of war criminality against Cheney, The Eagle previously reported.

According to Cheney, the enhanced interrogation tactics used do not fall under the scope of the 1949 United Nations Geneva Convention, which outlaws cruel, inhuman or any degrading treatment or punishment because the Geneva Convention does not apply to unlawful combatants.

The Bush administration considered terrorists as unlawful combatants and considered those undergoing enhanced interrogation tactics as terrorists.

“If I would have to do it all over again, I would,” Cheney said. “The results speak for themselves.”

Cheney: ‘Weak’ response on Syria, Crimea
Cheney told The Eagle that Obama’s response regarding Syria and Crimea has been weak dating back to the Syrian conflict.

“The president indicated that if the Syrians used chemical weapons there would be consequence,” he said. “They used chemical weapons and there were no consequences. That conveyed a sense of weakness; that you don’t have to pay attention to what he [the president] says because he won’t follow through.”

A lack of U.S. leadership created a vacuum for extremist Islamist groups to sweep through Syria, Cheney said.

Obama is again showing weak leadership in Crimea, according to Cheney.

“Putin has gotten away with Crimea,” Cheney said regarding the recent annexation of Crimea to Russia.

Cheney said he advises Ukrainian officer training and military exercises with Poland in order to combat Russian influence in the Ukraine.

Snowden’s whistleblowing is ‘devastating’

Cheney said he fully supports National Security Agency surveillance and phone tapping.

“I don’t have any problems with our people doing that,” Cheney said about NSA surveillance.

The U.S. needs to take advantage of technology in the face of constant threat of cyberwarfare because the country needs to protect itself, according to Cheney.

Cheney also discussed his opinions on NSA whistleblower Edward Snowden, calling him a traitor. However, he considered the possibility that there are undiscovered NSA internal leaks.

“I’ve always wondered, although I haven’t been able to prove one way or another, if he [Snowden] had more help from the inside,” Cheney told the audience at the KPU event. “What he’s done to the U.S., it is devastating.”

 

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Justice Scalia makes embarrassing error in latest dissent

Justice Scalia makes embarrassing error in latest dissentAntonin Scalia (Credit: Jeff Malet, maletphoto.com)

Justice Antonin Scalia is famous for his acerbic, caustic and highly readable dissents. So when his latest was released on Tuesday, in which Scalia rails against the court’s 6-2 decision to uphold the Environmental Protection Agency’s right to regulate coal pollution that crosses state lines, observers of the court were ready to dive into another delicious Scalia attack.

But there’s a problem — it turns out that Scalia’s dissent makes a rare, clear and somewhat embarrassing factual error.

“This is not the first time EPA has sought to convert the Clean Air Act into a mandate for cost-effective regulation. Whitman v. American Trucking Assns., Inc., 531 U. S. 457 (2001), confronted EPA’s contention that it could consider costs in setting [National Ambient Air Quality Standards],” Scalia writes in his dissent. But as Talking Points Memo’s Sahil Kapur notes, Scalia’s gotten the earlier case almost completely backward.

“The EPA’s position in 2001,” writes Kapur, “was exactly the opposite.” In that case, the EPA was defending its right to not use cost concerns as a counter to health effects when writing certain air quality standards. The EPA won that case unanimously, with all nine justices taking its side. And the author of the opinion for the court on that case was none other than Scalia himself.

“Scalia’s dissent … contains a hugely embarrassing mistake,” wrote University of California-Berkeley law professor Dan Farber. “He refers to the Court’s earlier decision in American Trucking as involving an effort by EPA to smuggle cost considerations into the statute. But that’s exactly backwards: it was industry that argued for cost considerations and EPA that resisted.”

Farber continued, writing, “Either some law clerk made the mistake and Scalia failed to read his own dissent carefully enough, or he simply forgot the basics of the earlier case and his clerks failed to correct him. Either way, it’s a cringeworthy blunder.”

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FINALLY: Boehner concedes ACA repeal ‘isn’t the answer’

Three weeks ago, House Speaker John Boehner (R-Ohio) responded with a simple message to the news that Affordable Care Act enrollment had exceeded expectations: “House Republicans will continue to work to repeal this law.”
Three weeks later, it appears even Boehner doesn’t believe Boehner’s bluster.
Speaker John A. Boehner said Thursday that changes brought about by the Affordable Care Act make it impossible to just repeal the health care law unless Congress has a replacement ready as well.
Speaking at a Rotary Club meeting in his Ohio district … Boehner said simply repealing the Affordable Care Act “isn’t the answer” and it would take time to transition to a new system.
According to the account from the local paper, Boehner specifically told his audience, “(To) repeal Obamacare … isn’t the answer. The answer is repeal and replace. The challenge is that Obamacare is the law of the land. It is there and it has driven all types of changes in our health care delivery system. You can’t recreate an insurance market overnight.”
Hmm. Let’s take a brief stroll down memory lane.
In 2011, Boehner tried several times to repeal the Affordable Care Act.
In 2012, shortly after the national elections, Boehner suggested he was done trying to repeal the law. “It’s pretty clear that the president was re-elected,” he said. “Obamacare is the law of the land.”
In 2013, Boehner returned to trying to repeal the Affordable Care Act and even shut down the federal government in part over ill-defined opposition to the law.
In 2014, just a few weeks after saying his caucus will keep up its repeal crusade, Boehner has returned to the realization that the ACA is “the law of the land” and full repeal “isn’t the answer.”
And to think some House Republicans aren’t satisfied with the quality of the Speaker’s leadership.
I suppose the obvious next question for Boehner is this: when, exactly, did he come to the realization that trying to “repeal Obamacare … isn’t the answer”?
On the one hand, if this just recently dawned on the House Speaker, why did it take him so long?
On the other hand, if Boehner has been aware of this for some time, then why has he allowed House Republicans to waste so much time with several dozen votes to repeal some or all of the federal reform law?
The clarification from his office didn’t help much.
Spokesman Brendan Buck downplayed Boehner’s comments. “For four years now the House Republican position has been repeal-and-replace,” he said.
The GOP, however, has taken a number of votes to repeal the law, including bills that would have completely repealed the law without replacing it. The party hasn’t unified behind a replacement, let alone voted on one, since Boehner took the speaker’s gavel.
The Speaker’s occasional incoherence notwithstanding, Boehner’s underlying sentiment reinforces the fact that the health care debate has shifted considerably just over the last several weeks. Between all of the positive news surrounding implementation of the law, the remarkable enrollment data, Democrats starting to look at the law as a political benefit, Republicans hedging on ACA issues like Medicaid expansion, and the nation’s top GOP lawmaker abandoning full repeal as “the answer,” Obamacare proponents finally have the wind at the their backs.
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New Program in China for High School and College Students to Travel with Stanford Lecturers to Learn About Urban Development

A new two-week Global Leadership program in China for English-speaking high school and college students is accepting applications for summer 2014.  Walking Tree Travel, an organization that specializes in service, conservation, and leadership programs in 18 countries, just announced the China Global Leadership Program itinerary.  The program includes stops in four of China’s most famous and fascinating cities – Hong Kong, Beijing, Shenzhen and Guangzhou. On this program, participants will get an inside look at changing social and economic environments in these cities, and learn how urban planners are dealing with unprecedented population growth.

“We have just passed the halfway mark and 51% of the earth’s population now live in urban environments,” said Deland Chan, Stanford University Urban Planning Lecturer and guide for the China Global Leadership Program.  “This program is an excellent start for young people who are looking to lead in areas of communications and city planning.  This program gives an insider’s look at a growing economy with an emphasis on urban sustainability.

The program will take students to four very different urban centers in China, each facing challenges of employment, sustainability, environmental protection, and transportation.  Students will get to engage with important current events, all while enjoying Chinese culture, entertainment, and food. Chan’s fellow guide Kevin Hsu (also a Lecturer in the Urban Planning Department of Stanford University), added that  “this will be a tour of China for future leaders who want an incredible cultural experience and want to prepare for the challenges of the 21st Century by honing their leadership, problem solving, and communications skills.”

The 15-day program is from June 30 – July 15, 2014.  For additional information, contact Walking Tree Travel at 303-242-8541 or visit the website at www.walkingtree.org.

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Shipwreck: San Francisco’s Worst Remains Undiscovered — Along with Millions in Silver

Amazing scenes were witnessed today when it was revealed the elusive wreckage of the City of Chester has been located 216 feet beneath the waves, not far from the Golden Gate Bridge.

That ship’s 1888 sinking killed 16 people; it was the second-worst disaster recorded on the waters of San Francisco Bay.
The worst disaster, however, vanished without a trace. And, as is the case with so many horrendous incidents later rendered insignificant by the Great Quake of 1906, it has equally vanished from public memory.
There is, however, a story to tell. It was 1901. It was the extreme tail end of a journey from Hong Kong to San Francisco.
And it was foggy.
CityofRDJ.jpg
Golden Gate National Recreation Area Archive
Happier times

 

On Feb. 22, 1901, the City of Rio De Janeiro steamed through the Golden Gate; had it not been so perilously foggy the city’s lights would have beckoned.

The voyage from the Far East was ostensibly 99.9 percent complete. But 99.99 percent is not 100 percent. Some 130 people would soon learn this in the most unforgiving manner possible.
San Francisco’s worst maritime disaster didn’t take long to unfold. The City of Rio de Janeiro sank in just eight minutes after striking submerged rocks near Fort Point. The ship’s underside was ripped nearly completely open and its hold flooded rapidly. Rescue crews only hundreds of yards away remained oblivious due to the dense fog; their first clue of the unfolding tragedy came when lifeboats floated by two hours later.
By the time rescue vessels could be dispatched, it was too late to save many passengers. A few were found clinging to scattered bits of wreckage, but, of the 220-odd people aboard the boat, only 82 were saved — many by Italian fishermen on the scene far sooner than official personnel.
Captain William Ward, who always said he’d go down with his ship, went down with his ship. So did silver ingots with a present-day value exceeding $22 million.
Detritus from the wreck washed up throughout the bay; luggage and chairs were found as far off as Suisun. In 1931, a man known to history only as “Captain Haskell” told gawping news reporters that he’d discovered the vessel with a two-man sub of his own devising. He filed a claim on the wreckage and hatched plans to become a millionaire.
Instead, in July of that year, he would disappear, never to be seen again.
The City of Rio de Janeiro has long since been forgotten. Its wreckage was never recovered.
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LGBT group boycotts Beverly Hills Hotel after its owner, the Sultan of Brunei, will institute policy condemning homosexuals to death by stoning

  • Brunei is planning to implement the Sharia Penal Code, which calls for the stoning of people who commit a variety of sexual ‘crimes’
  • Currently, homosexuality is punishable by up to 10 years in prison
  • The United Nations already has warned that Brunei’s new penal code violates international human rights standards
  • The Sultan also owns The Hotel Bel-Air in Los Angeles, 45 Park Lane in London and Le Meurice in Paris

By DAILY MAIL REPORTER

An LGBT advocacy group has moved the location of a conference it is planning to hold later this year from the Beverly Hills Hotel to a different location in protest of anti-gay policies being adopted by the Sultan of Brunei – the owner of the hotel – that calls for homosexuals to be stoned to death.

The Gill Action Fund, which was founded by activist Tim Gill, was scheduled to host its ‘Winning the Heartland’ conference for political donors at the Hotel from May 1-4.

However, because of the draconian laws regarding ‘sexual crimes’ Brunei is set to adopt later this month, the group has canceled its conference at the Beverly Hills Hotel and is looking for a new location.

Iconic: The Beverly Hills Hotel is owned by the Dorchester Group, which is controlled by the Sultan of Brunei

Iconic: The Beverly Hills Hotel is owned by the Dorchester Group, which is controlled by the Sultan of Brunei
Sharia: Sultan Hassanal Bolkiah plans to implement a Sharia Penal Code, which calls for the stoning of gays

 Sharia: Sultan Hassanal Bolkiah plans to implement a Sharia Penal Code, which calls for the stoning of gays

 

‘In light of the horrific anti-gay policy approved by the Government of Brunei, Gill Action made the decision earlier today to relocate its conference from the Beverly Hills Hotel to another property,’ Gill Action Executive Director Kirk Fordham told washingtonblade.com. ‘We are seeking a return of all deposits.’

Sultan Hassanal Bolkiah announced last year that his tiny, oil-rich nation would begin to implement a Shariah Penal Code in his country, which calls for grisly executions of anyone committing a variety of sexual ‘crimes,’ including sodomy, adultery and rape.

‘By the grace of Allah, with the coming into effect of this legislation, our duty to Allah is therefore being fulfilled,’ the sultan said at a legal conference in Brunei’s capital last year.

The law would apply only to Muslims, who comprise about two-thirds of the population of nearly 420,000 people. The others follow mainly Buddhist, Christianity and indigenous beliefs.

Boycott: The Gill Action Fund, started by activist Tim Gill, is taking its business elsewhere

Boycott: The Gill Action Fund, started by activist Tim Gill, is taking its business elsewhere

 

Brunei’s Mufti Awang Abdul Aziz, the country’s top Islamic scholar, said last year that Shariah law ‘guarantees justice for everyone and safeguards their well-being.’

‘Let us not just look at the hand-cutting or the stoning or the caning per se, but let us also look at the conditions governing them,’ Awang said. ‘It is not indiscriminate cutting or stoning or caning. There are conditions and there are methods that are just and fair.’

Under secular laws, Brunei already prescribes caning as a penalty for crimes including immigration offenses, for which convicts can be flogged with a rattan cane.

The United Nations already has criticized Brunei’s adoption of the Sharia Penal Code, claiming it does not meet international human rights standards.

‘Under international law, stoning people to death constitutes torture or other cruel, inhuman or degrading treatment or punishment and is thus clearly prohibited,” UN High Commission on Human Rights spokesman Rupert Colville said last week.

Even before the new penal code was adopted, homosexual acts were punishable by up to 10 years in prison in Brunei.

Dorchester: The hotel is owned by the Dorchester Group, which is controlled by the Sultan and owns other hotels throughout the world

Dorchester: The hotel is owned by the Dorchester Group, which is controlled by the Sultan and owns other hotels throughout the world

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Mayor Lee & Board President Chiu Launch Ellis Act Housing Preference Program

New Law Gives Displaced Tenants Preference for City’s Affordable Housing

Mayor Edwin M. Lee and Board of Supervisors President David Chiu today launched the Ellis Act Housing Preference Program (EAHP) for tenants who are evicted under the State Ellis Act. Displaced tenants will now be given preference for the City’s affordable housing programs.

“This gives San Francisco’s longtime tenants and working families the much needed and urgent help they need after an Ellis Act eviction,” said Mayor Lee. “While we work on Ellis Act Reform to eliminate speculative evictions in our City, we are also providing some relief to tenants who can now more easily participate in San Francisco’s affordable housing programs, so that we remain a City for the 100 percent.”

“We must do everything we can to help San Franciscans facing Ellis Act evictions,” said Board President Chiu, who began this legislative effort in October 2013. “This safety net measure assists our most vulnerable tenants and reinforces our commitment to building more affordable housing as quickly as possible.”

The Ellis Act Displacement Emergency Assistance Ordinance, which responded to concerns in the rise of Ellis Act Evictions that paralleled rising market-rate housing prices, was unanimously approved by the Board of Supervisors and signed into law by Mayor Lee on December 18, 2013.

Landlords subject to the Rent Ordinance must have “just cause” to evict existing tenants. Of several allowable reasons for eviction that are not the tenant’s fault (“No-Fault Evictions”), Owner Move-In and Ellis Act Evictions are historically the most numerous. No-Fault Evictions rose significantly in 2013.

In response, the Mayor’s Office of Housing and Community Development created the EAHP to assist the rising number of tenants displaced due to Ellis Act evictions and for whom a market rate rental unit is unaffordable.

The EAHP gives displaced tenant preference in City affordable housing programs. Tenants who have been or may be displaced by Ellis Act Evictions that took place in 2012 or later may apply for an EAHP certificate from the Mayor’s Office of Housing and Community Development. An EAHP Certificate will give tenants priority consideration to obtain a housing unit in a City-funded or Inclusionary housing development. Applicants must meet program eligibility rules.

For more information on the EAHP and the Mayor’s Office of Housing and Community Development, go to sf-moh.org.

 

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Louisiana’s bold stand against sodomy

The culture war’s focus has narrowed quite a bit in recent years. Whereas the political combat over hot-button social issues used to include issues like school prayer, access to pornography, and Ten Commandments displays, the contemporary culture war tends to focus on sexual health (access to abortion and contraception) and gay rights (most notably marriage equality).
But once in a while, anti-sodomy laws return to the fore.
It was, after all, just last summer that Virginia’s Ken Cuccinelli (R), at the time the state Attorney General, fought in support of an anti-sodomy measure that had already been struck down in the courts. This week in Louisiana, meanwhile, state lawmakersprotected an anti-sodomy law that’s already been deemed unconstitutional.
The Louisiana House of Representatives rejected legislation, on Tuesday, that would remove the state’s symbolic ban on certain kinds of sodomy. The bill failed by a wide margin on a vote of 27-67, with 11 members not voting.
Louisiana’s anti-sodomy law was overturned and declared unconstitutional in 2003, with the U.S. Supreme Court ruling such state statutes could not be enforced. Still, the Legislature has been unwilling to officially strike the measure from state law, even though it can’t be used as a cause for arrest.
A House Committee passed the legislation onto the body’s floor by a vote of 9-6 last week. But one of the state’s most powerful lobbying groups, the conservative Christian Louisiana Family Forum, opposes striking the sodomy ban.
And in this case, the Louisiana Family Forum won.
Keep in mind, everyone involved realizes that Louisiana’s anti-sodomy statute cannot legally be enforced. It’s effectively legal window dressing – it’s just sitting there, serving no practical purpose. But rather than removing unenforceable clutter from their books, Louisiana’s state House, with the overwhelming support of its Republican majority, agreed with the Louisiana Family Forum’s assessment that the unconstitutional anti-sodomy statute is “consistent with the values of Louisiana residents who consider this behavior to be dangerous, unhealthy and immoral.”
It’s tempting to think it this is largely a fight over symbolism, but it’s worth noting that last July, the East Baton Rouge Parish sheriff’s office began arresting men for agreeing to have consensual sex with other men. When asked to defend the arrest, the sheriff’s office pointed to the statute that’s “still on the books of the Louisiana criminal code.”
That the statute is dead-letter law didn’t seem to matter.
None of those charged faced prosecution – lawyers couldn’t find any evidence that a crime had been committed – but the incident served as a reminder that it’s generally not a good idea to leave unconstitutional laws in place just for the heck of it.
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The Bundy crisis in Nevada: Don’t like a law? Get a gun.

It’s not uncommon for conservative media to put a very different spin on current events than major news organizations. For example, news consumers who surround themselves with nothing but conservative media might believe right now that the Affordable Care Act is in a death spiral, the IRS “scandal” is heating up; the nation is facing a debt crisis; the Benghazi conspiracy will soon rock the White House; etc.
But once in a while, conservative media doesn’t just put a unique spin on the news, it also identifies stories that exist largely below the radar. Over the last week, for example, far-right news consumers have been captivated with coverage of Cliven Bundy, while for much of the American mainstream, that name probably doesn’t even sound familiar.
If you don’t know the story, it’s time to get up to speed.
U.S. officials ended a stand-off with hundreds of armed protesters in the Nevada desert on Saturday, calling off the government’s roundup of cattle it said were illegally grazing on federal land and giving about 300 animals back to the rancher who owned them.
The dispute less than 80 miles northeast of Las Vegas between rancher Cliven Bundy and the U.S. Bureau of Land Management had simmered for days. Bundy had stopped paying fees for grazing his cattle on the government land and officials said he had ignored court orders.
Anti-government groups, right-wing politicians and gun-rights activists camped around Bundy’s ranch to support him.
By any fair definition, this was an intense standoff with a very real possibility of significant casualties.
But to understand how and why the crisis unfolded as it did over the weekend, we have to start with how it started in the first place.
Ian Millhiser did  a nice job summarizing the backstory.
This conflict arises out of rancher Cliven Bundy’s many years of illegally grazing his cattle on federal lands. In 1998, a federal court ordered Bundy to cease grazing his livestock on an area of federal land known as the Bunkerville Allotment, and required him to pay the federal government $200 per day per head of cattle remaining on federal lands. Around the time it issued this order, the court also commented that “[t]he government has shown commendable restraint in allowing this trespass to continue for so long without impounding Bundy’s livestock.” Fifteen years later, Bundy continued to defy this court order.
Last October, the federal government returned to court and obtained a new order, providing that “Bundy shall remove his livestock from the former Bunkerville Allotment within 45 days of the date hereof, and that the United States is entitled to seize and remove to impound any of Bundy’s cattle that remain in trespass after 45 days of the date hereof.” A third federal court order issued the same year explains that Bundy did not simply refuse to stop trespassing on federal lands – he actually expanded the range of his trespassing. According to the third order, “Bundy’s cattle have moved beyond the boundaries of the Bunkerville Allotment and are now trespassing on a broad swath of additional federal land (the “New Trespass Lands”), including public lands within the Gold Butte area that are administered by the BLM, and National Park System land within the Overton Arm and Gold Butte areas of the Lake Mead National Recreation Area.” The third order also authorizes the federal government to “impound any of Bundy’s cattle that remain in trespass.”
So, on the one hand we have Bundy, who’s said, “I don’t recognize [the] United States government as even existing.” It led him to repeatedly ignore federal law, repeatedly blow federal court rulings, and refuse to pay federal fines for his transgressions. On the other hand we have the United States government – which does, in fact, exist – showing considerable restraint in trying to resolve the problem.
All of this started to come to a head last week, with federal officials going to the area late last week to enforce the law and seize the cattle Bundy has been illegally grazing. Except this proved to be problematic – Bundy’s heavily-armed allies, egged on by conservative media, showed up from a variety of Western states to confront U.S. officials.
Facing the very real possibility that the anti-government forces might open fire, U.S. officials backed off in the interest of maintaining public safety.
“Based on information about conditions on the ground and in consultation with law enforcement, we have made a decision to conclude the cattle gather because of our serious concern about the safety of employees and members of the public,” U.S. Bureau of Land Management Director Neil Kornze, said in a statement.
Bundy’s cattle, which had been rounded up, were released. The Bundy supporters and assorted militia members were pleased, the crowds dispersed, and no one was shot.
But you probably see the problem: it’s unsustainable to think a group of well-armed extremists can simply block the enforcement of American laws in the United States. It’s perfectly understandable that the Bureau of Land Management saw a crisis unfolding and pulled back to prevent bloodshed, but there’s an obvious problem with establishing a radical precedent: you, too, can ignore the law and disregard court rulings you don’t like, just so long as you have well-armed friends pointing guns at Americans.
To put it mildly, that’s not how the American system works. Indeed, that’s not how any system of government can ever work.
Tensions eased over the weekend, but it seems likely that this story isn’t over yet.
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Judge: Ohio must recognize out-of-state gay marriages

Proponents of marriage equality have been on quite a winning streak in the courts, targeting anti-gay laws in states across the country. That streak continued this morning in Ohio.
U.S. District Court Judge Timothy Black has formally ruled that Ohio must recognize same-sex marriages performed legally in other states, but he put a hold on his order for the time being.
“Ohio’s marriage recognition is facially unconstitutional and unenforceable under any circumstances,” Black said in an order he announced verbally 10 days ago.
“It is this court’s responsibility to give meaning and effect to the guarantees and of the U.S. Constitution and all American citizens and that responsibility is never more pressing than when the fundamental rights of some minority citizens are impacted by the legislative power of the majority.”
To be sure, the judge in this case had already made clear that this ruling was coming, but for civil-rights advocates, that doesn’t detract from the satisfaction that comes with another victory.
Indeed, note that Black was fairly aggressive in smacking down Ohio’s argument, concluding that the record “is staggeringly devoid of any legitimate justification for the State’s ongoing arbitrary discrimination on the basis of sexual orientation.”
The case did not address whether or not same-sex couples can be married in Ohio, only whether same-sex marriages performed in other states should be legally recognized in the Buckeye State.
As for the current state of the law in Ohio, in light of the ruling, Chris Geidner reported, “The ruling is stayed, or put on hold, with Black inclined to issue a stay pending appeal as to the full recognition ruling. Black wrote, though, that he is inclined not to issue a stay ‘as to the as-applied claims of the four couples who are Plaintiffs because they have demonstrated that a stay will harm them individually due to the imminent births of their children and other time-sensitive concerns,’ but he announced in his ruling that he will be taking views from both the couples and the state on the question over the next day before deciding whether to issue a stay as to the four couples.”
For those keeping score, the Ohio ruling this morning comes on the heels of related victories in Michigan,VirginiaKentuckyOklahomaUtah and Texas, just from the last few months.
Steve Benin, MSNBC
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Gender politics: he, she or zie?

Last week, the Australian high court ruled that the sex of Norrie May-Welby was ‘non-specific’

Norrie, who identifies as a ‘spansexual’Norrie, who identifies as a ‘spansexual’

Meet Norrie May-Welby – or simply ‘Norrie’ as zie (no, that’s not a typo: bear with me) is known to the Australian media – a Scottish-born, Sydney-dwelling artist and political activist with a penchant for big sunglasses and provocative cartoons.
Except in one sense: Norrie (born Bruce Norrie Watson) is neither male nor female, hence the playfully evasive adopted surname.

Last week, the high court of Australia ruled that the sex of May-Welby was “non-specific”.

Norrie is not the first Australian whose gender has been legally declared to be neither male nor female – previous cases include Tony Briffa, a former mayor of Hobsons Bay in Victoria. In fact, since 2011, Australians have been able to tick a box marked “X” in the space for gender on passport applications.

But what is different about Norrie’s case is that it wasn’t merely about gender – a concept understood since at least ancient Greek times to encompass some fluidity – it was about sex. Specifically, it was about whether sex can be legally be “non-specific”.

Norrie, who identifies as a “spansexual”, was born with male sexual organs. Zie (the preferred pronoun of many of her fellow spansexuals, although Norrie is okay with “she” and “her”) underwent gender-reassignment surgery at the age of 28, but subsequently decided that she wasn’t female, or even intersex.

In 2010, Norrie successfully obtained a birth cert recognising that the gender affirmation surgery had left her with a sex that was “non-specific”. Cue global headlines about the “world’s first genderless person”, and a minor, embarrassed flurry in the New South Wales births, deaths and marriages office, which led to the status being rescinded just four weeks later. Since then, Norrie has been locked in a legal battle to have that birth cert reissued. That the high court ruled in Norrie’s favour has obvious implications for the estimated one in 2,000 children born intersex (with indeterminate sexual organs) each year. Instead of being boxed into one gender or the other immediately after birth, those in Australia now have time to determine which gender, if either, fits.

In the short term, Norrie’s victory may not seem to mean much to the rest of us; but to those for whom it matters, it matters a great deal. Facebook recognised the need for genders beyond the binary when, earlier this year, in a fit of either empathy or advertising savvy, it introduced a total of 56 gender options, up to 10 of which can be used on any one profile.

But even for the rest of us, it raises valid questions in a society obsessed with gender and sexual identity.

“Do you know what you’re having?” is the first question a pregnant woman gets asked (and the one she is asked at least twice a day, every day, until it can be replaced by “What did you have?”). As they grow, children’s gender is expected to determine the clothes they wear, the toys they will play with, the sports they participate in, and even where they are educated and work. As adults, we are required to declare our gender on everything from car-insurance forms to bank-account applications. Sex has become a shorthand for much more than our chromosomal make-up; it’s the bluntest and most effective way we have of corralling one another into rigid stereotypes.

But if people such as Norrie force us to recognise sex as something more fluid – if we accept that, like sexuality, it might more accurately be said to exist on a spectrum – then such divisions begin to seem more meaningless than ever.

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Washington Hospital Physician Among the First in Bay Area to Implant Lifesaving Device for Patients at Risk of Sudden Cardiac Death

Christine Ortiz, 59 of Union City, is one of the first patients in the Bay Area to receive a new unique cardiac device known as a Subcutaneous ICD (implantable cardioverter defibrillator). Her life nearly came to an end after she suffered what is known as sudden cardiac arrest (SCA), a condition where the heart suddenly and unexpectedly stops beating. Without rapid medical attention, a person can die within a few minutes. The incident occurred while Ms. Ortiz, who is the proud grandmother to six grandchildren, was watching her grandson’s high school wrestling match. Thanks to a quick assessment by the school’s wrestling coach and a Washington Hospital athletic trainer, Ms. Ortiz was resuscitated by emergency responders and transferred to Washington Hospital; an Alameda County designated cardiac receiving facility. Upon arrival, she was placed under the care of Washington Hospital cardiac electrophysiologist Dr. Sanjay Bindra, who was involved in early studies when the device was in development. Not only was the life of Ms. Ortiz saved, but as a result of this new, revolutionary device, she is already resuming a normal life and is protected from another, potentially deadly episode of sudden cardiac arrest.

The recently FDA approved Boston Scientific S-ICD® System is the world’s first and only commercially available subcutaneous implantable defibrillator (S-ICD) for the treatment of patients at risk for sudden cardiac arrest (SCA). The S-ICD System is designed to provide the same protection from SCA as traditional ICDs; however the S-ICD System sits entirely just below the skin without the need for thin, insulated wires — known as electrodes or ‘leads’ — to be placed into the heart. This leaves the heart and blood vessels untouched, offering physicians and patients an alternative treatment to traditional ICDs and fewer potential long-term complications.

“This new device is a major leap forward in the treatment of patients like Christine,” said Dr. Bindra. “Because there are no wires into the heart with this device, the risk of infection and wear on the wires, which is an issue with traditional ICDs, is not a factor.” For younger patients, those with cardiac electrical disorders or prior infection complications, the S-ICD is invaluable.

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Powerball Winner to Use $425 Million to Travel, Start Charity

Ray Buxton, the winner of the $425 million Powerball lottery, wants to use his new found fortune to travel and start a foundation to do good by fighting child hunger and promoting pediatric health and education.

Buxton claimed his prize today from the California Lottery and is still overwhelmed with excitement. “Unbelievable” is the best word, he said, to describe his winning the sixth largest Powerball jackpot in history.

“Once the initial shock passed I couldn’t sleep for days,” is how the senior citizen described his feelings after realizing on Feb. 19 that he was sole ticket winner.

Since winning, he said, he has sat in front his computer in disbelief frequently re-checking the numbers across multiple sources. While validating the numbers at the California Lottery web site, he came across the “I Won! Now What? Winners Handbook,” and started to put a plan in motion. As advised in the handbook, it took some time to solidify legal and financial representation.

Buxton said his short term goals are to “spend time with my family and friends, start a charity and consult with professionals on how to pragmatically utilize this windfall.”

“My longer term plan is trying to find a way to live a normal and discreet life,” Buxton added.

Who was the first person he told about winning? Nobody, he said.

“Sitting on a ticket of this value was very scary. It’s amazing how a little slip of paper can change your life. I’m going to enjoy my new job setting up a charitable foundation focused on the areas of pediatric health, child hunger and education,” he added.

Buxton estimates he has been playing the lottery for 20 years. He beat the odds, which were one in 175 million, to become the winner of the $425.3 million Powerball Lottery on Feb. 19. He purchased his ticket at the Dixon Landing Chevron in Milpitas.  His winning Powerball numbers were 17, 49, 54, 35, and 1, with a Powerball number of 34.

He said played the lottery regularly under the mantra: “You can’t win if you don’t play.” The Feb. 19 Powerball jackpot was big – so he decided to test his luck twice purchasing a second ticket for the week’s draw. He had previously purchased an entry for the draw, but luckily chose to purchase a second Powerball ticket while picking up food at the Subway inside Milpitas Chevron on California Circle. It was a smart choice because he ended up matching six of six Powerball numbers to win.

He has selected the cash option, which according to Lottery officials, is around $242.2 million before Federal taxes.

Buxton waited until today to claim his prize. Since winning in February, he has been working with his attorney Susan von Herrmann at the law firm of Schiff Hardin LLP to establish bank accounts, a charity, and work on tax issues.

Buxton does not want to do media interviews at this time and referred all media to his public relations representative Sam Singer of Singer Associates Public Affairs and Public Relations in San Francisco.  Phone: 415-227-9700. Email: Singer@SingerSF.com

 

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Is Rick Scott Guilty of Murder?

Florida Governor Rick Scott is now officially a killer, and Charlene Dill is one of his victims. Charlene Dill was a hardworking Florida woman, who moved down to Florida when she was just 18 years old. To help make ends meet, Charlene worked at various fast food restaurants, at Disney World, and even cleaned houses and babysat. As the years went by, Charlene found herself, as a single mother, struggling to raise 3 children.  Last year, Charlene made just $11,000 cleaning houses and babysitting. She used that money to help put food on the table for her children, and to put a roof over their heads.

Then Charlene discovered she had a severe heart problems that needed to be managed.  And she couldn’t afford to get it treated right, because Charlene didn’t have health insurance. Charlene fell into what’s called the “Red State Donut Hole,” created by Republican lawmakers like Rick Scott. It says that if you make over $5,400 and less than $11,400, you get no health insurance.

Below the $5,400, Charlene would have qualified for Florida’s pretty pathetic Medicaid program. Over $11,400, she would have qualified for free health insurance under Obamacare because of the subsidies for low-income people. But because she only earned $11,000, she made too little to qualify for Obamacare, but too much to qualify for Florida Medicaid.

This isn’t, of course, how the Obamacare law was written. But this giant Swiss Cheese hole was drilled into Obamacare by John Roberts, when the Supreme Court said that states could refuse to take federal money to pay to cover people who don’t earn enough to qualify for insurance subsidies but make more than state Medicaid programs will cover.  It was into that hole that Charlene fell.

Twenty-three states which are either controlled by a Republican governor or a Republican legislature have refused to expand Medicaid coverage to their citizens under Obamacare.  This is pure politics, an effort to sabotage Obamacare by cutting the working poor out of the program. Republicans are hoping that working poor people like Charlene will be so upset that they can’t get Obamacare, and won’t realize that it was the Republican governors who refused their eligibility, that they’ll be angry with Obama and the Democrats and vote Republican in 2014 and 2016.

It’s all about politics. These states are literally playing politics with people’s lives, and Charlene is one of the people they’ve now killed.  Around 5 million Americans won’t have access to healthcare in 2014, because they fall into the “Red State Donut Hole,” just like Charlene.

Since she didn’t have insurance, Charlene couldn’t afford a regular doctor or regular treatment. In 2012, Charlene went to the emergency room because of a flare-up with her heart. Doctors there told her to start taking medicine, and to be routinely monitored. But she couldn’t afford it, because she only made $11,000 a year and had to feed three kids, and Rick Scott wouldn’t let her have the free health insurance that working poor people in every Democratically-controlled state in America have.

Rick Scott was willing to let her to die so he could score political points against President Obama. Back in December, Charlene again went to the emergency room, this time because of abscesses in her legs. Shortly after that trip to the ER, Charlene picked up another job as a vacuum cleaner saleswoman, on top of babysitting and house cleaning, to help provide for her family and to pay for her ER bills, which weren’t covered because Rick Scott and the Florida Republicans refused to let the federal government pay for her Medicaid.

This past Friday, Charlene was supposed to go see one of her close friends, so their children could play together. Charlene never made it to her friend’s house. Charlene died during one of her vacuum cleaner sales appointments that day. The hardworking and loving single mother of three young children was just 32-years-young.

Charlene died because multimillionaire Republican and Florida Governor Rick Scott chose to play politics, rather than protect the lives of the Florida citizens he is supposed to be serving. And unfortunately, if Republicans across the country continue playing politics with peoples’ lives, Charlene won’t be the only one to die.

A recent study by researchers at Harvard University and the City University of New York found that as many as 17,000 Americans will die directly as a result of Republican states refusing to expand Medicaid under Obamacare.  Samuel Dickman, one of the authors of the study, told Morning Call that, “The results were sobering. Political decisions have consequences, some of them lethal.”

Unfortunately, Republicans like Rick Scott don’t give a rat’s ass that their political decisions have life-and-death consequences.  Consequences like three young children losing their mother. They just want to smear Obama, and don’t care who dies, just so long as it’s just working poor people.

But enough is enough. Some things are more important than politics, and life is certainly one of them. Republicans say that they’re pro-life, but that’s a bald-faced lie, because they refuse to let low-wage working Americans have access to life-saving Medicaid. If Rick Scott and his Republican buddies in the Florida legislature are really the Christians they claim they are, then they’re going to burn in hell. Deservedly.

From Thom Hartmann

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Justice Scalia’s Past Comes Back To Haunt Him On Birth Control

When the Supreme Court hears two landmark cases about birth control on Tuesday, few observers doubt that Justice Antonin Scalia’s sympathies will be the Christian business owners who charge that the mandate violates their religious liberties.

The Reagan-appointed jurist is a devout Catholic who has extolled “traditional Christian virtues” and insists the devil is “a real person.” He even has a son who’s a Catholic priest. He voted in 2012 to wipe out Obamacare in its entirety and has been President Barack Obama’s most outspoken foe on the Supreme Court.

And yet, Scalia’s past jurisprudence stands contradictory to the argument for striking down the Obamacare rule in question, which requires for-profit employers’ insurance plans to cover contraceptives (like Plan B, Ella and intrauterine devices) for female employees without co-pays.

In 1990, Scalia wrote the majority opinion in Employment Division v. Smith, concluding that the First Amendment “does not require” the government to grant “religious exemptions” from generally applicable laws or civic obligations. The case was brought by two men in Oregon who sued the state for denying them unemployment benefits after they were fired from their jobs for ingesting peyote, which they said they did because of their Native American religious beliefs.

“[T]he right of free exercise does not relieve an individual of the obligation to comply with a valid and neutral law of general applicability,” Scalia wrote in the 6-3 majority decision, going on to aggressively argue that such exemptions could be a slippery slope to lawlessness.

“The rule respondents favor would open the prospect of constitutionally required religious exemptions from civic obligations of almost every conceivable kind,” he wrote, “ranging from compulsory military service, to the payment of taxes, to health and safety regulation such as manslaughter and child neglect laws, compulsory vaccination laws, drug laws, and traffic laws; to social welfare legislation such as minimum wage laws, child labor laws, animal cruelty laws, environmental protection laws, and laws providing for equality of opportunity for the races.”

That opinion could haunt the jurist if he seeks to invalidate the birth control rule.

“Scalia will have to reckon with his own concern in Smith about the lawlessness and chaos created by liberal exemptions to generally applicable law,” said Adam Winkler, a constitutional law professor at UCLA. “For him to uphold an exemption now is to invite more of the lawlessness that he warned about.”

Michael C. Dorf, a law professor at Cornell, also addressed the tension.

“Justice Scalia’s opinion in the Smith case offered a number of grounds for the conclusion that the Free Exercise Clause does not entitle religious objectors to exceptions from neutral laws of general application,” Dorf wrote in SCOTUSblog, observing that Scalia also posited that judges weren’t “competent” to decide which religions were deserving of exemptions.

In response to Scalia’s decision, Congress passed the Religious Freedom Restoration Act in 1993, which says any law that “substantially burden[s]” a person’s exercise of religion must demonstrate a “compelling governmental interest” and employ the “least restrictive means” of furthering that interest. That’s the basis under which Hobby Lobby and Conestoga Wood, two businesses with religious owners, are suing for relief from the birth control rule.

And that might offer Scalia an escape hatch. Experts say he could conceivably decide that the First Amendment doesn’t protect a religious person’s entity’s to an exemption from the law but that RFRA suffices to let Hobby Lobby and certain others off the hook from the birth control rule. But even then, the RFRA argument isn’t clear-cut. Nineteen Democratic senators who voted for the law in 1993 have filed an amicus brief insisting that it doesn’t — and was never intended to — give for-profit companies a pass on the law.

It’s up to Scalia and the other justices to parse that question. If he axes the mandate on the basis of RFRA, he still has to contend with his earlier argument that such an outcome carries grave dangers for the rule of law.

“To permit this,” he wrote in Smith, quoting from an old court decision, “would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself.”

SAHIL KAPUR, TPM

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Gluten Free Crepes Contest Winner at Squat and Gobble

Jessann Cohn, a trained chef who works as a caterer, has just moved the Gluten Free bar a bit further.   The Haight resident is the winner in the Squat and Gobble gluten free crepe contest and won $300 and a years worth of monthly meals.  Cohn currently works as a caterer with one of the larger SF catering companies.

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“”Crepe’ and ‘Gluten Free’ are rarely heard in the same sentence” according to Squat and Gobble managing partner Issa Sweidan.   “Because we specialize in crepes, we wanted to include an alternative for people with gluten issues.  So we conducted this contest to get some new ideas to make sure all of our customers can enjoy our family-friendly menu.”

Cohn’s winning recipe replaces traditional flour with chickpea flour among its chief ingredients.   Beginning this month a version of her crepe will appear on the menu at all five Squat and Gobble locations.

At the same time, all locations will offer gluten-free pasta, as well.

Squat and Gobble has served the Upper Haight, Lower Haight, Marina, Castro and West Portal since 1994.  Www.squatandgobble.com.

 

 

 

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Politician accused of buying sex toys with taxpayers’ money as expenses scandal hits Italy’s South Tyrol

An expenses scandal has broken out in the normally staid region of South Tyrol in northern Italy – after a female politician was accused of using taxpayers’ money to pay for a vibrator and other sex toys.

Ulli Mair, 39, a member of the centre-Right Freiheitlichen party in the German-speaking, autonomous region on the border with Austria, is suspected of buying the €65 items and then trying to claim them back as legitimate expenses.

She said the items were bought as a joke birthday present for a friend and denied that she had tried to claim back the cost of them from public funds.

They were purchased in May 2012 from a sex shop in Bolzano, the capital of the South Tyrol region, which retains a strong Germanic identity. The region, annexed to Italy after the First World War from Austria, has traditionally looked down its nose at the rest of Italy – particularly the south, which it regards as a hotbed of corruption.

Politicians across the country have been caught out claiming for items for their personal use, stoking anger among ordinary Italians.

One of the most ludicrous claims was for a pair of green underpants, bought on a visit to the United States by Roberto Cota, a senior politician from the Right-wing, secessionist Northern League.

The claim caused amusement in Italy because green is the official colour of the League, which has in the past campaigned for northern Italy to secede from the rest of the country.

In Rome, a politician from Silvio Berlusconi’s party was castigated for buying a brand new four-wheel-drive vehicle after the capital was hit by a highly unusual snowstorm. He claimed he needed the vehicle to get around the city, even though the snow lasted less than 48 hours.

According to a report released in December, corrupt officials cost Italian taxpayers €2 billion in 2013.

Politicians at national, regional and provincial level were accused of claiming state money for a range of fripperies such as truffle tastings, Tiffany jewellery and even lap dances.

In Calabria, politicians claimed for lottery scratch cards while in Campania a male politician put in for hair dye – despite the fact that he was nearly bald.

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Build My Heart Foundation Hosts Major Sports Memorabilia Auction to Raise Money to Support Children with Congenital Heart Disease

Fourth Annual Heart and Soul Gala & Auction scheduled for March 15, 2014 in Emeryville

The Build My Heat Foundation will host a sports memorabilia auction at its upcoming gala from 6 p.m. to 8 p.m. Saturday, March 15 at St. Columba Rectory, 6401 San Pablo Ave, Emeryville.

The free gala event will feature drawings, giveaways, and a silent auction for signed sports memorabilia from notable Bay Area sports teams such as the San Francisco 49ers, the Oakland Raiders, the San Francisco Giants, and the Golden State Warriors. The proceeds will help to support families with children who are affected by heart disease in the Bay Area.

BryceBryce, a Build My Heart Foundation Client

“We are honored to be hosting the Fourth Annual Heart and Soul Gala to spread awareness of congenital heart disease, and raise money to support those families who have been most impacted by it,” said Ella Bell, the founder of Build My Heart.  “We are deeply touched by the generosity of our local sports teams who have provided autographed memorabilia and other auction items that will go toward helping families cope with this disease.”

The Build My Heart Foundation is a non-profit that provides emotional, social, and financial support to at-risk, low income, families with children affected by congenital heart disease. A congenital heart defect is an abnormality in any part of the heart that is present at birth. Heart defects originate in the early weeks of pregnancy when the heart is forming. The Foundation was established in 2010 when Ms. Bell’s son, Bryce Malik House, was born and diagnosed with heart disease. She became inspired to help other struggling families in similar situations by raising money to offer them gas cards, hotel accommodations, food, and care packages. To date, the Foundation has worked with over 20 families in the Bay Area to offer their support and services.

This event is free and open to the public. For more information about the Build My Heart Foundation and the Fourth Annual Heart and Soul Gala, please visit www.buildmyheart.org or call 1.866.838.9490.

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Build My Heart Foundation Clients and Friends

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Arkansas Judge Mike Maggio Outed for Racist, Sexist, Homophobic Posts

An Arkansas judge, Mike Maggio, was outed for making racist, sexist, and homophobic comments online. Here are some of the posts that he made thinking that nobody would figure out who he was:

The most controversial comments appeared on a Louisiana State University message board called Tiger Droppings. In one comment, Geauxjudge made fun of the name of a University of Alabama football player who is black, Ha’Sean “Ha Ha” Clinton-Dix. He questioned the wisdom of parents giving such irregular names to their children: “I do agree about names may not be predictors of future success but in reality: How many doctors do you hear named Dr. Taneesha or Ha-Ha? How many bankers do [you] hear named Brylee? So stick with something close to normal. Or come sit in criminal court any day and see the ‘common names.’”

Maggio’s candid views on marriage and divorce:

“I see it every day. A woman makes [an] emotional decision to divorce because the husband stepped out. When otherwise he was a good provider, father and husband . . . then a year or two later realizes uh oh I am worse off financially, emotionally and relationship wise but hey they showed that SOB. Too many times the women get their advice from other divorced women.”

“Men have two needs. Feed me and f— me. Take care of both we will be good. Whichever one you don’t then the man will find. Women have need for security. So man take care of that and will be OK.”

He also compared women having sex with dogs as just a small step from “TGGLBS” sex and disclosed certain proceedings of the adoption by Actress Charlize Theron of a Black kid. Maggio withdrew from an appellate race after being outed.The New York Daily News notes that he posted these confidential proceedings related to Theron’s adoption two months before they became public knowledge.

Starcasm put up another post where Maggio said Khloe Kardashian was “black by injection.”

The site Blue Hog Report was the site which originally outed Maggio and has even more nuggets, including these:

He also opines on relations post-marriage,  makes that same “joke” about bulges many times, why a man should sell Mary Kay,   repeats the wisdom about “golden vaginas”, explains why women generally shouldn’t get alimony, thinks that you should “raise your own kids” instead of paying for childcare, refers to “Vitamin P”, implies that American education is failing because all the easy girls major in education, laughing about “riding” bi-polar women, talks about gynecology, says women are ridiculous because they want husbands who don’t work all the time, refers to wives as “chattel”,  references his own sexual shortcomings, and . . . whatever the hell this is.

There are many more such posts at this link. Blue Hog also cites these set of ethical rules for judges:

   Rule 1.2. A judge shall act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.    Official Comment [2]: A judge should expect to be the subject of public scrutiny that might be viewed as burdensome if applied to other citizens, and must accept the restrictions imposed by the Code.

Official Comment [6]: Actual improprieties include violations of law, court rules or provisions of this Code. The test for appearance of impropriety is whether the conduct would create in reasonable minds a perception that the judge violated this Code or engaged in other conduct that reflects adversely on the judge’s honesty, impartiality, temperament, or fitness to serve as a judge.

Rule 3.1. A judge may engage in extrajudicial activities, except as prohibited by law or this Code. However, when engaging in extrajudicial activities, a judge shall not: [*]
(C) participate in activities that would appear to a reasonable person to undermine the judge’s independence, integrity, or impartiality.

Official Comment [3]: Discriminatory actions and expressions of bias or prejudice by a judge, even outside the judge’s official or judicial actions, are likely to appear to a reasonable person to call into question the judge’s integrity and impartiality. Examples include jokes or other remarks that demean individuals based upon their personal characteristics.

The Associated Press reports that he is under investigation by that state’s judicial commission.

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Ecuador Plaintiffs, Steven Donziger, Committed Fraud against Chevron in Ecuador Case

Berlinger and Donziger

Joe Berlinger’s (left) Film “Crude,” paid for by Ecuador Plaintiff Attorney Steven Donziger, ultimately led to a crushing victory for Chevron Corporation in the Ecuador Case

Chevron Corporation won a major victory today when a New York federal judge ruled that the case against the oil company in Ecuador was procured by fraud.

U.S. District Judge Lewis Kaplan in New York found that lead plaintiff attorney Steven Donziger used bribery, coercion, fraud and other illegal means to create a fraudulent case against Chevron in Ecuador.

Donziger, whose fraudulent lawsuit was supported by environmental organizations such as AmazonWatch in San Francisco, Rainforest Action Network, Earthrights International, and other alleged environmental groups, might have gotten away with the crime if it were not for the sloppy work of Hollywood movie director Joe Berlinger.

Berlinger, who was paid by the plaintiffs to produce a film that lambasted Chevron for alleged pollution in Ecuador, ultimately and ironically, became Chevron’s savior.

Berlinger’s movie “Crude” produced evidence that led Chevron to its important court victory today in New York.

In making his ruling, Judge Kaplan  said Donziger and the Ecuador plaintiffs used “corrupt means” to secure a multi-billion-dollar pollution judgment against Chevron Corp in Ecuador, giving a major setback for attorneys hoping to collect on the award.

Kaplan said he found “clear and convincing evidence” that attorney Steven Donziger’s legal team bribed an Ecuadorean judge to issue an $18 billion judgment against the oil company in 2011.

The villagers had said Texaco, later acquired by Chevron, contaminated an oil field in northeastern Ecuador between 1964 and 1992.  Ecuador’s high court cut the judgment to $9.5 billion last year.

Kaplan’s decision bars Donziger and environmental groups like AmazonWatch and public relations agent Karen Hinton from enforcing the Ecuadorean ruling in the United States. It may also give Chevron legal ammunition in other countries where the plaintiffs could try to go after Chevron’s assets.

At a six-week trial last year, Chevron accused Donziger of fraud and racketeering and said Texaco cleaned up the site, known as Lago Agrio, before handing it over to a state-controlled entity.

Below is the full text of U.S. District Judge Lewis Kaplan’s opening judgement today against Steven Donziger and the Ecuador plaintiffs:

“Steven Donziger, a New York City lawyer, led a group of American and Ecuadorian lawyers who brought an action in Ecuador (the “Lago Agrio” case) in the names of 47 plaintiffs (the“Lago Agrio Plaintiffs” or “LAPs”), on behalf of thousands of indigenous peoples of the Orienté region of Ecuador, against Chevron Corporation (“Chevron”).

They claimed that Chevron was responsible for extensive environmental damage caused by oil activities of Texaco, Inc. (“Texaco”), that ended more than twenty years ago and long before Chevron acquired Texaco’s stock.

After years of pressuring Chevron to settle by a variety of both legitimate and illegitimate means, Donziger and his clients obtained a multibillion dollar judgment (the“Judgment”) in the Ecuadorian courts and now seek to enforce it around the world.

Chevron then brought this action, contending among other things that the Judgment was procured by fraud.  Following a full trial, it now seeks equitable relief against Donziger and the two of his Ecuadorian clients who defended this case in order to prevent any of them from profiting from the alleged fraud or from seeking to enforce the Judgment in the United States.

This case is extraordinary. The facts are many and sometimes complex. They include things that normally come only out of Hollywood – coded emails among Donziger and his colleagues describing their private interactions with and machinations directed at judges and a court appointed expert, their payments to a supposedly neutral expert out of a secret account, a lawyer who invited a film crew to innumerable private strategy meetings and even to ex parte meetings with judges, an Ecuadorian judge who claims to have written the multibillion dollar decision but who was so inexperienced and uncomfortable with civil cases that he had someone else (a former judge who had been removed from the bench) draft some civil decisions for him, an 18-year old typist who supposedly did Internet research in American, English, and French law for the same judge, who knew only Spanish, and much more. The evidence is voluminous.

The transnational elements of the case make it sensitive and challenging. Nevertheless, the Court has had the benefit of a lengthy trial. It has heard 31 witnesses in person and considered deposition and/or other sworn or, in one instance, stipulated testimony of 37 others. It has considered thousands of exhibits. It has made its findings, which of necessity are lengthy and detailed.

Upon consideration of all of the evidence, including the credibility of the witnesses– though several of the most important declined to testify – the Court finds that Donziger began his involvement in this controversy with a desire to improve conditions in the area in which his Ecuadorian clients live. To be sure, he sought also to do well for himself while doing good for others, but there was nothing wrong with that. In the end, however, he and the Ecuadorian lawyers he led corrupted the Lago Agrio case.

They submitted fraudulent evidence. They coerced one judge, first to use a court-appointed, supposedly impartial, “global expert” to make an overall damages assessment and, then, to appoint to that important role a man whom Donziger hand-picked and paid to “totally play ball” with the LAPs.

They then paid a Colorado consulting firm secretly to write all or most of the global expert’s report, falsely presented the report as the work of the court-appointed and supposedly impartial expert, and told half-truths or worse to U.S. courts in attempts to prevent exposure of that and other wrongdoing. Ultimately, the LAP team wrote the Lago Agrio court’s Judgment themselves and promised $500,000 to the Ecuadorian judge to rule in their favor and sign their judgment. If ever there were a case warranting equitable relief with respect to a judgment procured by fraud, this is it.

The defendants seek to avoid responsibility for their actions by emphasizing that the Lago Agrio case took place in Ecuador and by invoking the principle of comity. But that warrants no different conclusion.

Comity and respect for other nations are important. But comity does not command blind acquiescence in injustice, least of all acquiescence within the bounds of our own nation.

Courts of equity long have granted relief against fraudulent judgments entered in other states and, though less frequently, other countries. Moreover, the United States has important interests here. The misconduct at issue was planned, supervised, financed and executed in important (but not all) respects by Americans in the United States in order to extract money from a U.S. victim.

That said, considerations of comity and the avoidance of any misunderstanding have shaped the relief sought here. Chevron no longer seeks, and this Court does not grant, an injunction barring enforcement of the Lago Agrio Judgment anywhere in the world.

What this Court does do is to prevent Donziger and the two LAP Representatives, who are subject to this Court’s personal jurisdiction, from profiting in any way from the egregious fraud that occurred here. That is quite a different matter. Indeed, the LAP Representatives’ lawyer recently conceded before the Second Circuit that the defendants “would not have a problem” with “the alternative relief that [Chevron] would be seeking, such as enjoining the person who paid the bribe from benefitting from it,” assuming that the judge was bribed.

Defendants thus have acknowledged the propriety of equitable relief to prevent individuals subject to the Court’s jurisdiction from benefitting from misdeeds for which they are responsible. And while the Court does enjoin enforcement of the Judgment by these defendants in the United States, that limited injunction raises no issues of comity or international relations. It is the prerogative of American courts to determine whether foreign judgments may be no different conclusion.

Comity and respect for other nations are important. But comity does not command blind acquiescence in injustice, least of all acquiescence within the bounds of our own nation.

Courts of equity long have granted relief against fraudulent judgments entered in other states and, though less frequently, other countries. Moreover, the United States has important interests here.  The misconduct at issue was planned, supervised, financed and executed in important (but not all) respects by Americans in the United States in order to extract money from a U.S. victim.

That said, considerations of comity and the avoidance of any misunderstanding have shaped the relief sought here. Chevron no longer seeks, and this Court does not grant, an injunction barring enforcement of the Lago Agrio Judgment anywhere in the world.

What this Court does do is to prevent Donziger and the two LAP Representatives, who are subject to this Court’s personal jurisdiction, from profiting in any way from the egregious fraud that occurred here. That is quite a different matter. Indeed, the LAP Representatives’ lawyer recently conceded before the Second Circuit that the defendants “would not have a problem” with “the alternative relief that [Chevron] would be seeking, such as enjoining the person who paid the bribe from benefitting from it,” assuming that the judge was bribed.1

Defendants thus have acknowledged the propriety of equitable relief to prevent individuals subject to the Court’s jurisdiction from benefitting from misdeeds for which they are responsible. And while the Court does enjoin enforcement of the Judgment by these defendants in the United States, that limited injunction raises no issues of comity or international relations. It is the prerogative of American courts to determine whether foreign judgments may be laws of any nation that aspires to the rule of law, including Ecuador – and they knew it. Indeed, one Ecuadorian legal team member, in a moment of panicky candor, admitted that if documents exposing just part of what they had done were to come to light, “apart from destroying the proceeding, all of us, your attorneys, might go to jail.”2

It is time to face the facts.”

Link to the judgement: http://tinyurl.com/o8p6gve

 

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San Bruno Files Court Petition for Expedited Hearing for CPUC Public Documents in PG&E Explosion Case

 The City of San Bruno has been assigned a March 27 court date to argue why the California Public Utilities Commission should be ordered to immediately turn over public records believed to show improper contact between senior management and judges, among other public records, related to the Sept. 9, 2010 Pacific Gas & Electric pipeline explosion in San Bruno.

Also, last week, attorneys for San Bruno filed a separate order asking that a Superior Court judge expedite the court’s review and–due to the urgent nature of this case and impending decision by the CPUC’s administrative law judges–quickly demand that the CPUC turn over records connected to the PG&E penalty and fine for the 2010 San Bruno explosion and fire that killed eight people, injured 66 and destroyed scores of homes.

San Bruno believes these records may demonstrate the ongoing “cozy relationships” between the CPUC and PG&E that federal investigators determined to be a leading cause of the explosion and fire.

The hearing in Superior Court is at 9:30 a.m. March 27 in room 203 of the San Francisco Superior Court, 400 McAllister St.

“This lawsuit calls for full transparency so that the people of San Bruno and the citizens of California can be confident about the integrity of this long penalty process against PG&E,” said San Bruno Mayor Jim Ruane. “Due to the urgency and importance of this matter, we’ve asked that the court  expedite the process so that the public can have full knowledge of conversations behind the scenes that may directly affect the outcome of the case to hold PG&E and its shareholders fully accountable for their gross negligence that caused tragedy in our community.”

San Bruno filed the original public records lawsuit in Superior Court on Feb. 4 after the CPUC refused to fulfill four separate public records requests dating back more than 10 months, in violation of the California Public Records Act.

At the center of San Bruno’s legal filing is an email correspondence from Executive Director Paul Clanon to the Administrative Law Judges that allegedly violates the CPUC’s own rules and is believed to demonstrate improper communication and influence between the CPUC’s senior management and the judges tasked with determining whether to levy a recommended $2.45 billion penalty and fine against PG&E.

The CPUC’s excuses for not producing the records have ranged from the deliberative process privilege to arguing that it was “very busy” and would respond when it had free time – a “response that makes a mockery of the value of public participation within its own government,” according to the suit filed on Feb. 4. Every public agency in California has an obligation to respond to requests for public records as a result of legislation that was adopted by the state more than 40 years ago.

San Bruno officials say these records are important because they may reveal the very problems that federal investigators from the National Transportation Safety Board identified as a cause of PG&E’s persistent and troubling inability to maintain accurate gas pipeline records, which continues to threaten the public’s safety by keeping the utility at risk for future pipeline failures.

“An open, honest and fully transparent process is the only way that we can ensure the safety of PG&E’s gas pipelines so that what happened in San Bruno never happens again, anywhere in California,” Ruane added.

San Bruno city officials have just launched an online petition drive that seeks the public’s participation in calling on the CPUC to hold PG&E and its shareholders accountable for the 2010 pipeline explosion.  San Bruno’s petition – which already has more than 15,000 signatures – is available at: www.gaspipelinesafety.org.

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Why Russia No Longer Fears the West

The West is blinking in disbelief – Vladimir Putin just invaded Ukraine. German diplomats, French Eurocrats and American pundits are all stunned. Why has Russia chosen to gamble its trillion-dollar ties with the West?

Western leaders are stunned because they haven’t realized Russia’s owners no longer respect Europeans the way they once did after the Cold War. Russia thinks the West is no longer a crusading alliance. Russia thinks the West is now all about the money.

Putin’s henchmen know this personally. Russia’s rulers have been buying up Europe for years. They have mansions and luxury flats from London’s West End to France’s Cote d’Azure. Their children are safe at British boarding and Swiss finishing schools. And their money is squirrelled away in Austrian banks and British tax havens.

Putin’s inner circle no longer fear the European establishment. They once imagined them all in MI6. Now they know better. They have seen firsthand how obsequious Western aristocrats and corporate tycoons suddenly turn when their billions come into play. They now view them as hypocrites—the same European elites who help them hide their fortunes.

Once Russia’s powerful listened when European embassies issued statements denouncing the baroque corruption of Russian state companies. But no more. Because they know full well it is European bankers, businessmen and lawyers who do the dirty work for them placing the proceeds of corruption in hideouts from the Dutch Antilles to the British Virgin Islands.

We are not talking big money. But very big money. None other than Putin’s Central Bank has estimated that two thirds of the $56 billion exiting Russia in 2012 might be traceable to illegal activities. Crimes like kickbacks, drug money or tax fraud. This is the money that posh English bankers are rolling out the red carpet for in London.

Behind European corruption, Russia sees American weakness. The Kremlin does not believe European countries – with the exception of Germany – are truly independent of the United States. They see them as client states that Washington could force now, as it once did in the Cold War, not to do such business with the Kremlin.

When Russia sees Spain, Italy, Greece and Portugal outbidding each other to be Russia’s best business partner inside the EU (in return for no mention of human rights), they see America’s control over Europe slowly dissolving.

Back in Moscow, Russia’s hears American weakness out of Embassy Moscow. Once upon a time the Kremlin feared a foreign adventure might trigger Cold War economic sanctions where it hurts: export bans on key parts for its oil industry, even being cut out of its access to the Western banking sector. No more.

Russia sees an America distracted: Putin’s Ukrainian gambit was a shock to the U.S. foreign policy establishment. They prefer talking about China, or participating in Israeli-Palestinian peace talks. Russia sees an America vulnerable: in Afghanistan, in Syria and on Iran—a United States that desperately needs Russian support to continue shipping its supplies, host any peace conference or enforce its sanctions.

Moscow is not nervous. Russia’s elites have exposed themselves in a gigantic manner – everything they hold dear is now locked up in European properties and bank accounts. Theoretically, this makes them vulnerable. The EU could, with a sudden rush of money-laundering investigations and visa bans, cut them off from their wealth. But, time and time again, they have watched European governments balk at passing anything remotely similar to the U.S. Magnitsky Act, which bars a handful of criminal-officials from entering the United States.

All this has made Putin confident, very confident – confident that European elites are more concerned about making money than standing up to him. The evidence is there. After Russia’s strike force reached the outskirts of Tbilisi, the Georgian capital, in 2008, there were statements and bluster, but not a squeak about Russia’s billions. After Russia’s opposition were thrown into show trials, there were concerned letters from the European Union, but again silence about Russia’s billions.

The Kremlin thinks it knows Europe’s dirty secret now. The Kremlin thinks it has the European establishment down to a tee. The grim men who run Putin’s Russia see them like latter-day Soviet politicians. Back in the 1980s, the USSR talked about international Marxism but no longer believed it. Brussels today, Russia believes, talks about human rights but no longer believes in it. Europe is really run by an elite with the morality of the hedge fund: Make money at all costs and move it offshore.

The Kremlin sees its evidence in the former leaders of Britain, France and Germany. Tony Blair now advises the dictatorship in Kazakhstan on how to improve its image in the West. Nicholas Sarkozy was contemplating setting up a hedge fund with money from absolutist Qatar. And Gerhard Schroder is the chairman of the Nord Steam consortium – a majority Gazprom-owned pipeline that connects Russia directly to Germany through the Black Sea.

Russia is confident there will be no Western economic counterattack. They believe the Europeans will not sanction the Russian oligarch money. They believe Americans will not punish the Russian oligarchs by blocking their access to banks. Russia is certain a military counterattack is out of the question. They expect America to only posture. Cancel the G-8? Who cares?

Because Putin has no fear of the West, he can concentrate on what matters back in Russia: holding onto power. When Putin announced he would return to the presidency in late 2011, the main growling question was: why?

The regime had no story to sell. What did Putin want to achieve by never stepping down? Enriching himself? The puppet president he shunted aside, Dmitry Medvedev, had at least sold a story of modernization. What, other than hunger for power, had made Putin return to the presidency? The Kremlin spin-doctors had nothing to spin.

Moscow was rocked by mass protests in December 2011. More than 100,000 gathered within sight of the Kremlin demanding Russia be ruled in a different way. The protesters were scared off the streets, but the problem the regime had in justifying itself remained. Putin had sold himself to the Russian people as the man who would stabilize the state and deliver rising incomes after the chaos of the 1990s. But with Russians no longer fearing chaos, but rather stagnation as the economy slowed – it was unclear what this “stability” was for.

This is where the grand propaganda campaign called the Eurasian Union has come into its own. This is the name of the vague new entity that Putin wants to create out of former Soviet states — the first steps toward which Putin has taken by building a Customs Union with Belarus and Kazakhstan, and he had hoped with a Ukraine run by Viktor Yanuvokych. This is not just about empire; it is about using empire to cover up the grotesque scale of Russian corruption and justify the regime.

Russia would rather have swallowed Ukraine whole, but the show must go on. Russian TV needs glories for Putin every night on the evening news. Russian politics is about spin, not substance. The real substance of Russian politics is the extraction of billions of dollars from the nation and shuttling them into tropical Western tax havens, which is why Russian politics needs perpetual PR and perpetual Putinist drama to keep all this hidden from the Russian people. Outraged Putin has built up a Kremlin fleet of luxury aircraft worth $1 billion? Angry that a third of the $51 billion budget of the Sochi games vanished into kickbacks? Forget about it. Russia is on the march again.

This is why Crimea is perfect Putin. Crimea is no South Ossetia. This is not some remote, mountainous Georgian village inhabited by some dubious ethnicity that Russians have never heard of. Crimea is the heart of Russian romanticism. The peninsula is the only part of the classical world that Russia ever conquered. And this is why the Tsarist aristocracy fell in love with it. Crimea symbolized Russia’s 18th and 19th-century fantasy to conquer Constantinople and liberate Greek Orthodox Christians from Muslim rule. Crimea became the imperial playground: In poetry and palaces, it was extolled as the jewel in the Russian crown.

Crimea is the only lost land that Russians really mourn. The reason is tourism. The Soviet Union built on the Tsarist myth and turned the peninsula into a giant holiday camp full of workers sanitariums and pioneer camps. Unlike, the Russian cities of say northern Kazakhstan, Crimea is a place Russians have actually been. Even today over one million Russians holiday in Crimea every year. It is not just a peninsula; this is Russia’s Club Med and imperial romanticism rolled into one.

Vladimir Putin knows this. He knows that millions of Russians will cheer him as a hero if he returns them Crimea. He knows that European bureaucrats will issue shrill statements and then get back to business helping Russian elites buy London town houses and French chateaux. He knows full well that the United States can no longer force Europe to trade in a different way. He knows full well that the United States can do nothing beyond theatrical military maneuvers at most.

This is why Vladimir Putin just invaded Crimea.

He thinks he has nothing to lose.

 

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This Map Shows Why People Should Stop Freaking Out About Rent Prices In San Francisco

From outrageous listing prices to Google Bus protests, soaring rents in San Francisco have been all over the news lately.

But new data from online real estate marketplace Zumper tells an altogether different story.

Zumper compared median prices for 1-bedroom apartments from hundreds of listings posted on their site during the month of January. They then calculated the change from January 2013 to January 2014. What they found was that while some neighborhoods certainly did see an increase in rents year-over-year, rents in other neighborhoods stayed the same or even decreased significantly.

 

11Jan14rentchangesf_RENTCHANGESFZumper

 

Instead of taking information from Craigslist or other boards, Zumper’s platform allows realtors to post their listings directly to their site. According to Zumper Co-founder and COO Taylor Glass-Moore, this means that listings are more accurate, and there’s no duplicate information.

 

Glass-Moore says that one reason for the frenzy surrounding San Francisco rent is that the media tends to focus on certain neighborhoods that have historically been popular with residents, including techies.

“A lot of the focus is on overall prices and trying to identify unit types where there’s been the most appreciation to have a number that is really dramatic,” Glass-Moore said to Business Insider. “Multiple factors are causing the changes, but only one is being discussed.”

The tech sector has largely been blamed for causing rents to rise and longtime residents to be evicted from their homes, but that’s only one part of the problem, according to Glass-Moore.

“Yes, tech is driving demand and prices for apartments, but only in specific neighborhoods,” he said. “A lot of focus is placed on SOMA or the Mission where a lot of tech workers have moved, but that’s not representative of the city as a whole. There are plenty of neighborhoods where people aren’t wearing Google Glass and jumping into a Google shuttle.”

Other factors contributing to high rents include rising construction of luxury condos, increase in short-term rentals (which tend to be more expensive than long-term), and rent-controlled housing. Most units in San Francisco are protected under rent control, but that locks up housing supply, according to Glass-Moore.

Though rents in San Francisco were up 2.74% as a whole over the last year, Downtown and the Financial District were two neighborhoods that saw a decrease of up to 10% in rent prices. Sunset is another desirable neighborhood with relatively reasonable rent.

He also emphasized that high rents in San Francisco are nothing new.

“Rentals were expensive in San Francisco last year as well, so it’s not like they were cheap last year and now they’re much more expensive,” Glass-Moore said. ”The message that I think should be made clear is that San Francisco is still an affordable city to live in if you’re open to other neighborhoods.”

Read more: http://www.businessinsider.com/san-francisco-rent-map-2014-2#ixzz2uh5h6Id0

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Texas ban on marriage equality ruled unconstitutional, Rick Perry upset

A federal judge on Wednesday declared Texas’ ban on equal marriage unconstitutional; the judge also ruled that the state’s refusal to recognize the unions of gay couples married in other states to be unconstitutional.

As the San Antonio Express News notes, U.S. District Judge Orlando Garcia stayed the decision pending the state’s appeal, meaning that the state ban on marriage equality remains in effect for now.

“Regulation of marriage has traditionally been the province of the states and remains so today,” Garcia wrote in the ruling. “However, any state law involving marriage or any other protected interest must comply with the United States Constitution.”

Gov. Rick Perry, if you can believe it, is upset by the decision and has vowed to appeal it:

Texans spoke loud and clear by overwhelmingly voting to define marriage as a union between a man and a woman in our Constitution, and it is not the role of the federal government to overturn the will of our citizens. The 10th Amendment guarantees Texas voters the freedom to make these decisions, and this is yet another attempt to achieve via the courts what couldn’t be achieved at the ballot box. We will continue to fight for the rights of Texans to self-determine the laws of our state.

One of the couples behind the suit, Nicole Dimetman and Cleopatra De Leon celebrated the decision as “a great step towards justice for our family.”

“Ultimately, the repeal of Texas’ ban will mean that our son will never know how this denial of equal protections demeaned our family and belittled his parents’ relationship,” they said in a statement. “We look forward to the day when, surrounded by friends and family, we can renew our vows in our home state of Texas.”

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