Category: Politics

Academia, Bizarre, Politics, Society

Public Expresses Outrage Over School District Superintendent’s $663,000 Compensation Package

Submitted by Darren Smith, Weekend Contributor

Centinela Valley SD Logo

Superintendent Jose Fernandez
Superintendent Jose Fernandez

In the Los Angeles area a quickly drawn school board meeting demanded by members of the public, a hearing was held on the total compensation package of Centinela Valley Union High School District Superintendent Jose Fernandez. The package with salary, benefits, and perks for the calendar year 2013 amounted to $663,365.00. The school district has 6,600 students enrolled. This compares, or rather contrasts, with that of John Deasey, Superintendent of the Los Angeles Unified School District who received a total compensation package of $309,997.00 and enrollment of 650,000 students. President Obama receives a compensation package of $569,000.00

In addition to Jose’s base salary the compensation package included a loan of $910,000.00 to purchase a residence in the affluent Ladera Heights neighborhood with a term of 40 years and an annually compounded interest rate of 2%, half the prevailing market rate at the time.

Is this a compensation package commensurate with the talent brought to the school district or another example of news reports of questionable public employee compensation endemic in California as of late? Much more intrigue follows.
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Constitutional Law, Free Speech, Politics

Ninth Circuit Rules School Can Ban Tee-Shirts With American Flag During Cinco De Mayo

There is an interesting ruling out of the United States Court of Appeals for the Ninth Circuit over a ban at a California high school of students wearing tee-shirts with American flags during the Mexican heritage celebration Cinco de Mayo. The court ruled in favor of the school out of concern for potential racial violence. We previously discussed this controversy. I strongly disagree with the holding and the logic. The opinion is Dariano v. Morgan Hill Unified Sch. Dist., 2014 U.S. App. LEXIS 3790 .

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Constitutional Law, Criminal law, Free Speech, International, Media, Politics, Religion, Society

Blasphegrams: Bahrain Arrests Four Citizens Accused Of Blasphemous Messages On Istagram

225px-Instagram_logo125px-Flag_of_Bahrain.svgThe crackdown on free speech continues among our Arab allies. This week, Dubai arrested four people for posting insults about companions of Prophet Mohammed on Instagram. Since the companions of Prophet Mohammed are revered by Sunni Muslims, the insults are particularly sensitive in the country with tensions between a majority of Shiites and a Sunni monarchy.

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Academia, Congress, Constitutional Law, Media, Politics

The Columnist and The Committee: Dana Milbank Fires Back At The Judiciary Committee With Second Controversial Column

260px-capitol_building_full_viewYesterday’s hearing on legislative and executive powers before the Judiciary Committee has generally a great deal of media and blog discussion. However, one of the more curious takes was written by Dana Milbank of the Washington Post. Entitled “Activism on the Court? GOP Wants To Be The Judge,” the article portrays the hearing as a hypocritical and “newfound love of activist judges.” Having testified at the hearing, I was mystified by the spin on the hearing. Ironically, Milbank was criticized in the hearing by a member for allegedly distorting a prior hearing’s content and focus — an issue that we discussed in December. In a tense moment, Milbank (who was sitting a few feet from the members at the press table) was criticized for his prior column where he portrayed a Judiciary hearing as largely about impeaching President Obama. He was challenged as misrepresenting that hearing which contained only passing reference to impeachment as one of the various options left to Congress by the framers in serious conflicts with presidents. This now appears a continuing battle between the columnist and the Committee that will only grow more intense with this latest column. Here is the video link to the testimony so you can reach your own conclusions.

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Constitutional Law, Free Speech, Media, Politics, Religion

Ninth Circuit Rules Google Must Remove “Innocence of Muslims”

maxresdefaultkozinskiA divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled today that Google must remove a low-budget YouTube film that prompted riots and killings in the Muslim world as insulting to Mohammad. The highly offensive film portrays Mohammad as a sexual deviate who invented a religion to serve his own desires. Google has been under pressure from President Obama and others to take down the film. While President Obama publicly insisted that the United States stood by the first amendment, his Administration repeatedly tried to privately force Google to yield to the demands. It correctly refused. However, the same result was achieved today by Cindy Lee Garcia, an actress in the film who was received considerable criticism and hate mail for appearing in the film. She insisted that she was tricked into the role and claimed a copyright violation. The decision in Garcia v. Google, Inc. was written by Chief Judge Alex Kozinski (right).

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Constitutional Law, Courts, Politics, Society, Supreme Court, Testimony

Congress Considers Legislation To Respond To Executive Nonenforcement Of Federal Law

260px-capitol_building_full_viewThis morning I will be testifying before the House Judiciary Committee at 10 am. (I hope to post other stories after I return from Congress this afternoon) The hearing is entitled “Enforcing the President’s Constitutional Duty to Faithfully Execute the Laws” and will explore the options for Congress in resisting the encroachment of executive power. I was critical of such encroachment under Professor George W. Bush and I believe that danger has grown under President Barack Obama. UPDATE: Here is the video link to the testimony.

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Free Speech, International, Media, Politics, Society

Net Neutrality Vote In Europe Stirs Debate On Internet’s Future

Submitted by Darren Smith, Weekend Contributor

European Pariament LogoThe European Parliament is considering the notion of Net Neutrality in Europe, similar to a debate present in the United States.

Net Neutrality is in general the practice of prohibiting Internet Service Providers, Telecommunications Providers, and Networking Services from giving favorable access or download speeds to entities they wish to give advantage via preferential treatment relating to agreements or other considerations. End users would under Net Neutrality be afforded with equal access to material unconstrained by their service providers.

The vote is scheduled for February 24th of this year.
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Constitutional Law, Politics, Religion, Society

Arizona’s Perversion of Religious Liberty

By Mike Appleton, Weekend Contributor

“This bill is not about allowing discrimination. This bill is about preventing discrimination against people who are clearly living out their faith.”

-Arizona State Sen. Steve Yarbrough (R), on SB 1062.

Assaults on the civil rights of homosexuals and the acceptance of gay marriage have been the focus of a number of state legislatures. The most recent lunacy is a bill in Arizona that now awaits action by Gov. Brewer. The bill amends sections of the Arizona Revised Statutes by incorporating provisions that effectively insulate many forms of grossly discriminatory conduct from legal consequence if done under the cloak of religion. This is accomplished in three steps. First, the bill defines “exercise of religion” to include “the ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.” Second, the bill expands the definition of “person” to include “any individual, association, partnership, corporation, church, religious assembly or institution, estate, trust, foundation or other legal entity.” I refer to this as the “Hobby Lobby” amendment. Finally, the bill prohibits, with a strict scrutiny exception, any “state action” that substantially burdens the free exercise of religion even if that state action is a law of general application.

I anticipate that the governor will veto this atrocity, not as a matter of constitutional principle, but out of concern that enactment of the law would further harm Arizona’s reputation and economic interests. But it is nonetheless disturbing that legislators would willingly employ a fundamental freedom as a weapon against a disfavored group of citizens. Continue reading “Arizona’s Perversion of Religious Liberty” →

Courts, Criminal law, Free Speech, Justice, Lawyering, Media, Politics

Governor Walker and Illegal Political Activities

220px-Scott_Walker_by_Gage_Skidmore

Submitted by Lawrence E. Rafferty (rafflaw)-Weekend Contributor

This past week, thousands of emails from within Wisconsin Governor, Scott Walker’s inner circle were released as part of an appeal by his former Deputy Chief of Staff, Kelly Rindfleisch.  Ms. Rindfleisch is appealing her conviction on illegal campaign activities during the 2010 Lt. Governor’s race.

“Kelly Rindfleisch was convicted of illegal campaign activity for working on the 2010 lieutenant governor’s campaign of then-Rep. Brett Davis while serving as Walker’s deputy chief of staff during his time as Milwaukee county executive. In Wisconsin, it is illegal for public employees to work on campaigns while on the clock and being paid to administer state services.

Prosecutors found that Rindfleisch traded more than 3,000 emails with Walker campaign staffers, most of which were sent on county time from a secret email system in Walker’s office. Davis, who was Walker’s favored candidate, lost the race but was later appointed by the governor as head of Wisconsin’s Medicaid program.

Rindfleisch was sentenced in 2012 to six months in jail, but her sentence has been stayed as she appeals. She unsuccessfully requested to keep her emails secret while attempting to have her conviction overturned.” Readersupportednews

Ms. Rindfleisch and five other Walker employees were convicted on various illegal campaign activity charges and the emails that were released this week laid bare the mentality of the Walker associates and their actions to work on political campaigns while being paid as state workers.  It is a bit amazing that Governor Walker has remained untouched by the prosecutors even though many of these emails that detail not only illegal campaign activities, but some alarming racist and sexist comments, were also sent to him.  Continue reading “Governor Walker and Illegal Political Activities” →

Free Speech, International, Media, Politics, Science, Society

Satellites As A Free Speech Tool

Submitted by Darren Smith, Weekend Contributor

SputnikWith many reports becoming all to familiar with state sponsored censorship of internet traffic users in these nations are engaged in a cat and mouse game with a government that is showing increasing levels of sophistication and legislative muscle. The tactics often used include filtering objectionable material, firewalling targeted IP addresses, tracing data back to individuals and sanctioning those individuals, and creating a system of fear generally in which the public is dissuaded into engaging in free speech.

The common element in these electronic censorship measures is that the government controls access via the physical structure of the network. They are able to do this through land based infrastructure. But what if these physical vulnerabilities to free speech and press were removed and instead replaced with broadcast satellite systems that are immune from filtering and geo-locating individuals?
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Free Speech, Media, Politics, Uncategorized

Should We Supersize the Cable Guys?: On the Subject of the Comcast Time Warner Mega-Merger, Lobbyists, the FCC, and the “Revolving Door”

Comcast

Submitted by Elaine Magliaro, Weekend Contributor

I’m sure many of you have read or heard about Comcast’s plan to buy Time Warner Cable. If these two companies merge, Comcast would then become the cable service provider for one third of the households in the United States. It would also give Comcast “a virtual monopoly in 19 of the 20 largest media markets.” In a press release dated February 13, 2014, Michael Copps, the special adviser to Common Cause’s Media and Democracy Reform Initiative and former FCC Commissioner, said, “This is soFCC-Seal_svg over the top that it ought to be dead on arrival at the FCC. The proposed deal runs roughshod over competition and consumer choice and is an affront to the public interest.” Copps added that the $45 billion deal “would turn the already oversized Comcast empire into a colossus. The combined firms would have the muscle to push competitors out of the marketplace, leaving consumers exposed to continuing price hikes and declining levels of service.”

Copps appeared on Democracy Now! recently. He told Amy Goodman the following:

…This is the whole shooting match. It’s broadband. It’s broadcast. It’s content. It’s distribution. It’s the medium and the message. It’s telecom, and it’s media, too. And it just would confer a degree of control over our news and information infrastructure that no company should be allowed to have. And all of this is happening in a market where consumer prices are going up and up and up, and competition is going down, down, down.

Continue reading “Should We Supersize the Cable Guys?: On the Subject of the Comcast Time Warner Mega-Merger, Lobbyists, the FCC, and the “Revolving Door”” →

Congress, Politics

Did Sen. Bob Corker’s Anti-Union Rhetoric Hurt Prospects for Expansion at the Chattanooga Volkswagen Plant in Tennessee?

BobCorkerSubmitted by Elaine Magliaro, Weekend Contributor

Last week, Republican Sen. Bob Corker of Tennessee “ramped up his anti-union rhetoric” in hopes of persuading workers at Volkswagen AG’s plant in Chattanooga to vote against representation by the United Auto Workers. According to Reuters, on February 12th, Corker said he had been “assured” that if workers at the Volkswagen plant in his hometown rejected representation by UAW, the company would “reward the plant with a new product to build.” Bernie Woodall of Reuters said that Corker dropped that “bombshell” on the “first of a three-day secret ballot election of blue-collar workers” at the Chattanooga plant. The most troubling part—as I see it—is that Corker’s claim actually ran “counter to public statements by Volkswagen…”

The following day, Corker said that he was “very certain that if the UAW is voted down,” the automaker would announce new investment in the plant “in the next couple weeks.” It seems Corker hadn’t heard—or chose to ignore—a statement made earlier by Frank Fischer, chief executive of VW Chattanooga, “that there was ‘no connection’ between the vote at its three-year-old Tennessee plant and a looming decision on whether VW will build a new crossover vehicle there or in Mexico.”

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Politics, Society, Torts

The Smart Gun: Will New Technology Open Up A New Wave Of Liability Claims Over “Dumb” Guns?

80d17cd287There is an interesting development in gun technology this week with the announcement of the release of the first so-called “smart gun” to hit the market. The Smart System iP1, a .22-caliber pistol made by the German gun-maker Armatix GmbH, can only function with an accompanying wristwatch. As explained below, this gun and similar new models in the works could have an impact on torts liability for gun manufacturers.

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Congress, Military, Politics, Society

Fool Us Once . . . : Defense Department Continues To Hand Out No Bid Contracts Worth Billions To Companies With Histories of Gross Overcharges

300px-The_Pentagon_January_2008We have yet another report of the mind boggling waste and mismanagement by the Defense Department in the wars of Iraq and Afghanistan. In the most recent investigation, the U.S. government continues to hand out no-bid contracts worth billions to companies with histories of ripping off the U.S. taxpayer. One foreign company, Supreme Foodservice should be remained Supreme Fraudservice after the company based in Switzerland overcharged the government by $757 million. Nevertheless, the company has been given contracts worth more than $5 billion to feed the troops in Afghanistan.

Continue reading “Fool Us Once . . . : Defense Department Continues To Hand Out No Bid Contracts Worth Billions To Companies With Histories of Gross Overcharges” →

Criminal law, Politics, Torts

California Supreme Court Considers Major Liability Case For Party Hosts

about_us_photoThere is an interesting case before the California Supreme Court on the liability of hosts for guests at parties where a cover-charge is required. California law immunizes hosts who serve alcohol to intoxicated guests, but these parties involve payment that creates an ambiguity in the scope of the state law. The case involves Jessica Manosa, who was 20 years old when she hosted a party at her parents’ rental home and charged $3 to $5 to strangers. One of those guests proceeded to drink too much and ran over another guest, Andrew Ennabe (left), the Cal State Fullerton student.

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