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Singabloodypore :: Singapore: UN Rights Body Should Press for Fundamental Freedoms
[Singapore] (sgBlogs - Singapore's Blogosphere :: Latest 3 Entries From the Top 200 Singapore Blogs)Singapore claims exceptionalism as a way to dismiss international criticism of laws and practices that block meaningful access to free speech, association, and assembly. Such appeals run contrary to the universality of human rights and mask Singapore's long-established pattern of civil and political rights abuses. Phil Robertson, deputy Asia director at Human Rights Watch From Human Rights Watch (Geneva) - United Nations member states should denounce Singapore's severe restrictions o ...
Singapore claims exceptionalism as a way to dismiss international criticism of laws and practices that block meaningful access to free speech, association, and assembly. Such appeals run contrary to the universality of human rights and mask Singapore's long-established pattern of civil and political rights abuses.
Phil Robertson, deputy Asia director at Human Rights Watch
From Human Rights Watch
(Geneva) - United Nations member states should denounce Singapore's severe restrictions on freedom of expression, association, and assembly during the country's first-ever Universal Periodic Review (UPR), Human Rights Watch said today. The review, at the UN Human Rights Council in Geneva, is scheduled for May 6, 2011.
With Singapore's national elections on May 7, Singaporean citizens should demand that candidates seeking their vote publicly support rescinding laws and practices that violate fundamental human rights, Human Rights Watch said.
Human Rights Watch urged UN member states to reject Singapore's claims of "specific national circumstances" that negate the universality and indivisibility of human rights, as set out in the government's national report for the UPR.
"Singapore claims exceptionalism as a way to dismiss international criticism of laws and practices that block meaningful access to free speech, association, and assembly," said Phil Robertson, deputy Asia director at Human Rights Watch. "Such appeals run contrary to the universality of human rights and mask Singapore's long-established pattern of civil and political rights abuses."
Human Rights Watch, in its UPR submission, highlighted areas where Singapore's rhetoric has not matched the reality of a rights record in accord with international standards and has outlined recommendations for improvement. They include:
Freedom of Expression, Association, and Assembly
Singapore's rules governing the formation and activities of political parties and political organizations impede airing of opposition viewpoints. To comply with international human rights standards for freedom of association and assembly, Human Rights Watch urges revision of the 2009 Public Order Act, which requires a permit for "any cause-related activity," defined as a show of support by one or more persons for or against a position, person, group, or government. Influential online media such as The Online Citizen are forced to register as "political societies," restricting their ability to raise funds and to retain their reporting flexibility. The Speaker's Corner, the only outdoor space in Singapore where speakers and demonstrators are not required to have permits, was declared off-limits for all activities as soon as the general election was announced on April 19.
Peaceful critics of government leaders are targeted in government-initiated criminal defamation cases that result in prison terms and monetary fines severe enough to trigger bankruptcy. Although it has been 47 years since Singapore last experienced communal violence linked to ethnic identity, the government has continued to use this rationale to deny free expression on matters of race or religion, to refuse the right to public assembly without police permission, which is rarely granted except in very limited areas, and to maintain draconian restrictions on publishing and the media.
The government decision to prosecute Alan Shadrake, a British journalist who authored Once a Jolly Hangman, Singapore Justice in the Dock, exemplifies its willingness to silence accusers rather than tolerate criticism. In November 2010, Shadrake was sentenced to six weeks in prison and a SGD 20,000 (US$16,260) fine on contempt of court charges for "scandalizing the judiciary." He had alleged that court decisions in capital cases, which mandate execution for murder, treason, and some 20 drug-related offenses, were influenced by political and economic pressures, biases against the "weak," "poor," and "uneducated," and interference by the ruling People's Action Party (PAP). The government prosecutor argued that Shadrake's insinuations and allegations "muzzle confidence in the courts' impartiality, integrity, and independence." At Shadrake's appeal in April, the prosecutor contended that Shadrake had "transgressed" the limits of free speech and fair criticism and had "maligned the entire judiciary," thus endangering public confidence in the judiciary. The Court of Appeal has yet to issue a ruling.
Criminal Justice System
Human Rights Watch urges UN member states to call on Singapore to make substantial reforms to laws permitting the use of preventive detention - indefinite detention without charge - which Singapore defends in its National Report as "a last resort" when threats to public security, safety, and order are severe. The Internal Security Act, the Criminal Law (Temporary Provisions), and the Misuse of Drugs Act all contain provisions that violate internationally recognized rights to due process and a fair trial. Under those provisions, arrest warrants are unnecessary, judicial review is not required, and detainees are expressly forbidden from contesting their detention through the criminal justice system.Delegates at the UPR should press for legal reforms to end Singapore's widespread use of corporal punishment, both as judicially sanctioned punishment for some 30 offenses - in 2010 some 3,170 people were sentenced to judicial caning in addition to prison time - or as administrative punishment in the military prisons, reform schools, and secondary schools.
"Caning is nothing more than a form of torture," Robertson said. "Singaporean authorities should revoke all laws and regulations permitting such barbaric practices, which belie Singapore's claim to being a modern and just society."
Labor Rights
Singapore's Trade Unions Act gives private sector workers the right to form or join trade unions, but the rights are compromised in practice. Foreign workers, who comprise close to one third of Singapore's work force, may not serve as trade union officers, trustees, or staff without Ministry of Manpower approval. Legal recognition of unions is further subject to the approval of the Registrar of Trade Unions who can refuse or cancel registration or rewrite a union's rules. Collective bargaining is also restricted because rank-and-file union members do not have the power to accept or reject collective agreements negotiated by their representatives. Unions affiliate with the umbrella National Trade Union Congress (NTUC), which since its inception has been closely allied to the ruling People's Action Party and which is disinclined to permit union members who support opposition political groups holding office in affiliated unions.
Foreign Domestic Workers
A standard contract for migrant workers is required by the government, but fails to address issues such as long work hours and poor living conditions. Instead of guaranteeing a weekly day off and a set number of daily rest hours, the government allows the employer and employee to negotiate rest days within set limits, and an employer may without penalty disregard recommendations for a minimum number of daily rest hours. The contract also fails to prevent denial of annual or medical leave, requires immediate deportation of a pregnant migrant worker, and stipulates that no foreign domestic worker may marry a Singaporean citizen.
"Freedom of association remains an illusion for foreign workers in Singapore," Robertson said. "If the government is really serious in its rhetoric of being an advocate for workers, then it should immediately rescind laws and practices that violate their rights."
Member states at the UPR should demand that Singapore improve its shoddy record of cooperation with UN human rights mechanisms, including the Human Rights Council's special rapporteurs, Human Rights Watch said. Two special rapporteurs - one in 2006 on the situation of human rights defenders, and the other on extrajudicial, summary, or arbitrary executions - have requested to visit Singapore. The government has not responded.
Singapore also has a poor record, especially among ASEAN members of ratifying international human rights instruments. It has not yet ratified core UN treaties such as the International Covenant on Civil and Political Rights; the International Covenant on Economic, Social and Cultural Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; the International Convention on the Elimination of All Forms of Racial Discrimination; the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families; the International Convention for the Protection of All Persons from Enforced Disappearance; and the Convention on the Rights of Persons with Disabilities.
"Singapore's first-ever UPR review provides the opportunity to establish a baseline to measure future improvements in the country's respect for human rights," Robertson said. "States should call on Singapore to demonstrate its commitment to human rights by ratifying all core UN human rights instruments and living by them."
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Road to Redemption: Former Angola Prisoner Wilbert Rideau Receives Polk Award
[Blacks] (Black Entertainment, Money, Style and Beauty Blogs - Black Voices)At a podium inside the Roosevelt Hotel last week, Wilbert Rideau, 69, stood before an audience of academics and journalists, as he prepared to deliver a speech more than three decades in the making. "After 31 years they invited me back," Rideau said. "They remembered me." Thirty-one years ago, while Rideau was serving a life sentence in prison for murder, he was awarded a George Polk Award for his work in journalism, one of the most coveted awards in the industry. He was not able to receiv ...
At a podium inside the Roosevelt Hotel last week, Wilbert Rideau, 69, stood before an audience of academics and journalists, as he prepared to deliver a speech more than three decades in the making.
"After 31 years they invited me back," Rideau said. "They remembered me."
Thirty-one years ago, while Rideau was serving a life sentence in prison for murder, he was awarded a George Polk Award for his work in journalism, one of the most coveted awards in the industry. He was not able to receive the award in person, until just last week.
Behind the podium, his shoulders slumped a bit, the way you'd expect an old prizefighter's shoulders to slump. The long years showed in the specks of gray sprinkled throughout his mustache, and in the deep grooves in his face.
"When I won the George Polk Award in 1980, a reporter had to explain to me what it was," Rideau said, the audience hushed. "It's difficult to overstate what the award meant to me, a 9th grade dropout and self-taught journalist who had once sat on death row."
In 1979 when the award was first announced, Rideau joined a distinguished cast of journalists to win that year, including reporters from 'The New York Times,' 'The New Yorker' and Ed Bradley from '60 Minutes.'
Rideau was being honored for a series of essays he wrote entitled 'The Sexual Jungle,' an in-depth look at the paradigm of prison sex and the power it held behind bars. He interviewed the "slaves" who had been "turned out," who were no longer considered men, but property. He interviewed rapists, other prisoners, prison guards and wardens.
"Back then prison authorities nationwide did not speak of sexual violence in their prisons. They presented it to the public as something being done by homosexuals, gays, freaks," Rideau said. "But the reality of it was it was pretty prevalent and it wasn't isolated -- it wasn't done by gays and homosexuals, the rape and enslavement was done by heterosexuals, and it was done with the tacit approval of prison authorities. It was part of the internal power structure and overall inmate economy."
The work was raw and groundbreaking, said Ed Hershey, a judge on the Polk Awards committee who voted on Rideau's series.
"It could have appeared in 'Harpers,' 'The Atlantic' or 'The New Yorker,'" Hershey said. "The fact that it was done by and for inmates, was startling."
As word of that year's winners spread and newsrooms erupted in cheers, handshakes and hugs, Rideau was called down to the prison's administrative office, where a reporter waited with the good news.
"He asked me how I felt," Rideau recalled in a phone interview from his home in Baton Rouge, Louisiana. "But, I had never really heard of the Polk Awards so, I didn't feel much."
In 1993, 'Newsweek' magazine called him "the most rehabilitated prisoner in America." But long before that, Rideau was a 19-year-old who grew up poor in Lake Charles, Louisiana, and eventually went on to make the worst decision of his life.
He armed himself with a gun and a knife and decided to rob a bank.
Rideau took three white bank employees hostage and forced them into one of their cars. Once they neared the edge of town, they came upon an old gravel road near a swamp. There, the hostages jumped out of the car and made a break for it. Rideau panicked and squeezed off several shots, striking two of the hostages. He caught the third and stabbed her in the chest. News accounts of the story say Rideau also cut the woman's throat, a claim he vehemently denies.
All-white, all-male juries convicted him of murder and sentenced him to death in three separate trials, twice in the 1960s and once in 1970. But each time the verdict was thrown out on appeals, the courts citing misconduct by the government.
As the appeals process wore on, Rideau remained on death row, where he came to the conclusion that he wanted to be a writer.
"I was a fairly good observer of human nature and figured maybe I could explain things that puzzled people about criminal behavior," he said.
Rideau remained on death row until 1972, when the United States issued a moratorium on executions. His death sentence was then commuted to life in prison.
Off of death row he continued to write. First he started an underground prison magazine called 'The Lifer,' which the administration quickly shutdown. Then he became editor of the 'Angolite,' the first black editor of a prison publication in the country. At that time there were few, if any, black editors editing publications outside of the black press.
While in prison, he eventually became a correspondent for NPR's 'Fresh Air,' appeared on ABC's 'Nightline' and co-directed a couple documentaries, including 'The Farm: Angola, U.S.A.,' which was nominated for an Oscar.
Rideau was released in 2005 after a fourth trial, where a mixed-gender, mixed-race jury found him guilty of the lesser charge of manslaughter. He was released on time served after spending 44-years in prison.
Last year he released a critically acclaimed memoir, 'In the Place of Justice,' published by Knopf, and he also writes the occasional column and book review.
In 2008, he married Linda LaBranche, a former college professor who first saw him on a television program 25 years ago and ultimately joined the fight to free him.
But of all the awards and accolades, he said, being honored with the George Polk award after all these years is perhaps most special.
"One of these days you're going to be old," he said, "and really thrilled when someone reaches back and remembers you." -
Congress!!!! We dreamed of a happy future for our family...
[Citizen Journalism, News] (CNN iReport - Latest)Please hear my voice for help of my daughter !!! I beg you for help as a PARENT. I am in despair!!! You are can not express how much pain, frustration, resentment in my heart for my daughter, for her the lost years, for her shattered dreams !!! Please read my letter to congress. is the only opportunity to be heard at least one of them. maybe they will pay attention to my problem. and correct their mistakes. they are so far away from human needs .. they have no idea about our problems, because th ...
Please hear my voice for help of my daughter !!! I beg you for help as a PARENT. I am in despair!!! You are can not express how much pain, frustration, resentment in my heart for my daughter, for her the lost years, for her shattered dreams !!! Please read my letter to congress. is the only opportunity to be heard at least one of them. maybe they will pay attention to my problem. and correct their mistakes. they are so far away from human needs .. they have no idea about our problems, because their assistants do not consider it important and our groans are deposited in their trash. Open letter to Congress My daughter and I legal immigrants, and I demand your attention and response!!! You should correct your mistake and restore justice and end to this intolerable torture!!! You are so concerned about human rights abuses, particularly women and children in other countries on another continent !!!. So many programs and organizations for the protection of human rights in America, but they do not want to see these people in their country. My coworkers call me "naive" when I told about my desire to go to Congress and the White house , but I have not stopped believing in justice and good people ... I believe that in a country where democratic principles are preserved and guarded as a treasure and everyone thinks that their country – is an example of democracy for the whole world, there shall be no such “mistakes.” This country should appreciate and respect the rights of people who are highly intelligent, educated and honest. Moreover, I have always believed America to be a place where family always comes first. But how should we treat that situation which my daughter hit? There is a high probability that the integrity of the family will be broken? So all these are false ideals? All fake? I refuse to believe it. I think that the responsibility must be held by those who allowed this situation to happen. Errors should be corrected – or they like a little rot in the big apple – eventually destroy it entirely. We were left alone -"face to face" with this bureaucratic machine without a chance for a fair decision .. I can't trust USCIS , I do not believe in making a just solution to USCIS. They easily break the law, violation of immigration on the limit of applications. maliciously leading to confusion not reporting bugs appellants, Violates the Immigration and Nationality Act and the Administrative Procedures Act. Administrative Procedures Act requires administrative agencies to conclude matters presented to them" within a reasonable period of time. 5 years, this system is trying to turn my daughter into a slave without rights, without voting rights. You LET USCIS to stole the 5 best years of My daughter 's life from 21 to 26! You LET USCIS to stole her dream, the opportunity to learn., to putting her health at risk because of the impossibility of obtaining health insurance. I tried to connect with many congressman. This is impossible! All congressmen have impenetrable bureaucratic wall. I screamed for help!!! You sent me a spam with optimistic reports on the work and offered me to rejoice with them what wonderful plans for their clever minds!!! It looked like a mockery. I tried to get their attention to absurd flaw in the immigration law of the category of K-2 visa, which for many years separates children from their parents, causing much misery, moral and financial losses to the families. Do you really think I will rejoice and be touched vegetables in your garden, the White House when your system is trying to separate me from my only child and the meaning of my life? And Congress required only a few hours of work to correct this injustice. tell me what I should do to at least one congressmen talked to me about my problem? may throw himself with gasoline and set themselves on fire in front of the White House or jumping off the bridge first call on all the news? You really think any new family is able to endure such torture, and have been the hardest material and moral burden? Such families as we are not a lot. And no one hears our cries for help. And it seems, nobody wants to hear. Only one person replied to me - Senator John Cornyn. Of course I understand he did not even read my message in person. at least his staff did not throw my letter in the trash. You may want to ask me why I did not get back to my country? I'm too tired to start my life from down again. I am 49 years old now. All my remaining strength and energy I gave a happy future construction in this country. You want me to tears and leave the country away from your eyes. Do not wait!!! I do not want to cry. I want to fight! I did not ask for any help for me. I insist! Take time to correct your mistake! Explain the USCIS, what did you mean? Concern about the integrity of the family or separation of children and mothers? Perhaps Congress had good intentions, but definitely USCIS interprets your intentions to harm the family. The USCIS remind me of the Gestapo, during the war between Russia and Germany (1941). USCIS actions have nothing to do with compliance with immigration law. On behalf of all families in similar situations, I demand immediate clarification of agency USCIS that you did not mean the deportation of children accompanying their parents who came to this country legally, observing all the laws. I demand to stop the destruction of my family, dreams, my daughter's FUTURE !!! America is country where everyone has the right to happiness. Give us a chance at a normal life! we did not deserve such a life of slavery in the dark about our future. My daughter name is Olga, As a citizen of Russia, she legally accompanied me (k1) to the United States. She was 20 years old when She entered the U.S. with a K-2. She was 20 years old when we failed the I-485 application to the USCIS (received by USCIS on March 23, 2006. She was 20 years old at the final principal interview on June 22, 2006. Immigration officer responded to our question is not whether to provide any documents, he said :" Everything is fine. Now go home and wait for the Green card within 3 months, and not one word was said about Denial " Her case was continued pending from June 2006 to December 2009 (more of the 4 years) . We were completely unaware of the fate of her case. ... We repeated calls, visited the immigration office and was always a response: "wait 6 months" and "Your case under pending". All this period we followed instructions of USCIS. I got my green cards for 10 y.e. on February, 2008. We received denied letter for her I-485 on December 31, 2009,because ''applicant had turned 21 she no longer meets the defmition of child and is therefore ineligible to adjust status to legal permanent resident. The record of proceedings reflects you and the petitioner appeared for a scheduled interview on June 22, 2006 prior to the principal alien's scheduled interview. You were admitted as a K-2 non immigrant on February 18, 2006. Your case was continued pending security clearances. Section 101(b)(l) of the Act states the term "chiid" rneans an unmarried person under twenty-one years of age. Service records indicate that you have reached the age of twenty-one as of July 23, 2006 and no longer meet the defmition of a child. In Matter of Naulu, 19 I&N Dec. 351 (BIA 1986), it was decided that a derivative beneficiary "accompanying or following to join" cannot precede the principal alien to the United States as an immigrant." "Any authorization to accept employment granted to you on the basis of this application is revoked fifteen (15) days from the date of this notice unless you can establish that you are eligible for employment under some other provisions of Title 8, Code of Federal Regulations, Part 274a.l2 of the Act, as amended. If you were previously issued an advance parole document your parole is hereby revoked" USCIS say: Olga is in the country illegally (more of the 4 years) since the end of the visa K-2, (since the July, 2006), made her a violator of immigration law and require her deportation. Now, in 2011, she has nothing in Russia. She is too old to matriculate in the Russia university system, she have lost her young adult connections, she has no immediate relatives who are able to assist her financially, and she has no property. she said that her deportation would be tantamount to sending me to a foreign country to start my life from scratch. Had I known that she would encounter this blockade, I might not have chosen allowed myself to try to find happiness in the country where does not want to take my daughter. For me there is no happiness without my daughter!!!! I couldn’t believe that I would have to accompanying My daughter to Russia to ensure my residency, reeducation and assistance with employment. This can take years. In essence, we would be a family divided, or worse, a family destroyed. Motion to Reopen was denied. This decision is contrary to the opinion United States District Court ND California, The United States Court of Appeals for the 1O th circuit and the opinion of Immigration Courts in Bloomington, MN, Philadelphia, Pa, Portland, Oregon and Seattle Washington. Verovkin v. Still, No. C 07-3987, 2007 WL 4557782, (N.D. Cal. Dec. 21, 2007) Colmenares-Carpio v. Holder No. 08-9536 (l1Oth Cir. 2010). Each of these courts have each held that the only age cut off for K2 intention to marry, and are legally able and actually willing to conclude a valid marriage in the United States within a period of ninety days after the alien's arrivalf.f M; see also Form for I- 129 Petition, available at http://www.uscis.gov/files/Form 1-129. The District Court noted that because the Act no longer contains a provision explaining how a K-2 child is to obtain permanent resident status, Congress did not directly address this issue. As such, the Court properly looked at the age requirement for K-2 adjustment applicants, as it existed before Congress eliminated the procedure under IMFA. Prior to 1986, a K-2 visa holder was required to demonstrate that he was under twenty-one when he applied for a K-2 visa. Indeed, the current process for obtaining a K visa indicates that the Embassy will inquire as to eligibility for permanent residence prior to the applicant's entry into the United States. More importantly, the Foreign Affairs Manuel instructs Consular officers that it is at the time of the application of the visa that the K-2 applicant must demonstrate that he or she is a “child” within the meaning of the Act – i.e. that he is under twenty-one. The current USCIS interpretation could also lead to potentially opposite results, whereby two K-2 visa holders who enter the U.S. at the same time and of the same age might have completely different outcomes based “solely on the timeframe in which the agency adjudicates their adjustment applications” (as quoted from the Brief the American Immigration Law Foundation and the American Immigration Lawyers Association. USCIS interpretation is wrong because it leads to potentially absurd outcomes! Again, to quote the same source, “When it created the K nonimmigrant classification, Congress was concerned primarily with family unification” (p. 19). Any other interpretation could potentially lead to a totally opposite result (i.e., family destruction). My daughter completed the every step in the the process before turning 21. Each of the other attached reach the same conclusion. Age at the time of adjustment is not relevant, only the age at which time applicant seeks to entry the county. It is undisputed that my daughter entered the United States prior to turning 21. It is so unfortunate that USCIS is wasting the taxpayers’ money in order to fight in the U.S. courts the defenseless children of those who came to the United States to lawfully marry U.S. citizens and to start a new family. Immigration Court in OCTOBER 2010. Next Court will be in May2011. How many must be of the courts that this absurd situation of children from 18 to 21 did not come to court and solved with the least losses for families? ! Reed that: AILA,March 25, 2010, 7:01 pm: "We here at Immigration Slip Opinion have been keeping on eye on the BIA. We’ve posted about some recent significant BIA decisions. In this post, we concentrate on issues presently before the BIA that could be resolved by precedent decisions. It’s the Ghost of Immigration Past and the Ghost of Immigration Future. The BIA has been very busy of late. In addition to an increase in precedent decisions (7 already in 2010; 34 in 2009), it is hearing oral arguments in more cases now than in the past. Recently, it also requested supplemental briefing on specific issues in a number of cases, providing insight into some of its concerns. In one case, it even sought participation of amicus curiae – a request that AILA fulfilled. Here is a summary of what’s brewing at the BIA: “Aging out” issues: K-2 and CSPA There are at least seven cases currently before the BIA that raise the question of whether Congress intended that a K-2 visa holder, admitted to the United States as the child of a fiancé(e) of a U.S. citizen, would become ineligible for adjustment of status upon turning 21. In briefs submitted as amici curiae, the American Immigration Council (Immigration Council) and AILA argue that such a result would produce absurd results and could not have been Congress’s intent. After all, the statute permits – and DHS practice allows – a child of a fiancée to enter the country on a K-2 visa up until his or her 21st birthday. In numerous cases, children enter with only a few days to spare before turning 21. Interpreting the statute as allowing these children to enter until age 21, but then also requiring that an adjustment be completed before they turn 21, is simply unreasonable. The only reasonable interpretation of the statute is that a K-2 child must be under 21 at admission but not at the time of adjustment. A recent favorable 10th Circuit decision doesn’t go quite this far, but should help convince the BIA that DHS is wrong. We have asked the BIA to schedule oral argument on this issue and to decide these cases together. On a related “aging-out” issue, the BIA asked the parties in a CSPA case to submit supplemental briefs on the meaning of the requirement that a child have “sought to acquire” LPR status within one year of visa availability. Both DHS and DOS interpret this requirement narrowly as being limited to filing an application for an immigrant visa or adjustment of status. As explained in an amicus brief that the Immigration Council filed with the BIA, this interpretation conflicts with at least two unpublished BIA decisions, both of which concluded – quite sensibly – that because Congress did not use the word “filed” it could not have meant to limit this phrase to the act of “filing.” I'm sorry for my English, but the torment that I had endured transcends the boundaries of proper grammar Respectfully,Tatiana
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Northern District of Illinois Institutes Plan in Case of Government Shutdown
[Law] (Chicago IP Litigation Blog)Chief Judge Holderman has instituted an operations plan in the event of a federal government shutdown. The Northern District will operate normally for the first two weeks of any shutdown. Should a shutdown continue longer than two weeks, the Northern District will operate with essential personnel as set forth by the United States Court's Administrative Office. Here is the full text of Chief Judge Holderman's statement: To the People of the Northern District of Illinois, Please be assured that ...
Chief Judge Holderman has instituted an operations plan in the event of a federal government shutdown. The Northern District will operate normally for the first two weeks of any shutdown. Should a shutdown continue longer than two weeks, the Northern District will operate with essential personnel as set forth by the United States Court's Administrative Office. Here is the full text of Chief Judge Holderman's statement:
To the People of the Northern District of Illinois,
Please be assured that here in the Northern District of Illinois, Clerk of the Court Mike Dobbins and I have conferred and have developed a plan for our court to deal in the short term with the contingency now facing us of Congress failing to pass the federal budget or to authorize another continuing resolution.
We will keep the United States District Court for the Northern District of Illinois open and functioning with only minor modifications in our procedures for at least two weeks if Congress fails to establish a budget to keep the United States Government functioning. If the shutdown continues longer than two weeks, the court will continue to operate with essential personnel as defined by guidelines issued by the Administrative Office of the United States Courts.
We plan to continue to provide justice to the fullest extent possible and in the same excellent way as we have in the past. Thank you for your understanding.
Chief Judge James F. Holderman
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USPTO/AIPLA Roundtable Report: Chinese utility models and design patents
[Patents] (The IPKat)While the AmeriKat had her whiskers in a pile of papers (picture, left) last Monday, the United States Patent & Trademark Office (USPTO) and the American Intellectual Property Law Association (AIPLA) was busy hosting a travelling roundtable discussion on China’s system for the procurement and enforcement of utility model and design patents. The aim of the roundtable was to afford US lawyers, companies and the public understanding about how China’s utility model and design patent system. ...
While the AmeriKat had her whiskers in a pile of papers (picture, left) last Monday, the United States Patent & Trademark Office (USPTO) and the American Intellectual Property Law Association (AIPLA) was busy hosting a travelling roundtable discussion on China’s system for the procurement and enforcement of utility model and design patents. The aim of the roundtable was to afford US lawyers, companies and the public understanding about how China’s utility model and design patent system. The AmeriKat and IPKat's good friend, Michael Lin, of Marks & Clerk (Hong Kong) was there reporting on the key issues discussed at the event:
The USPTO's Elaine Wu started off the roundtable, and key note speeches by the USPTO's Dave Kappos and AIPLA's President, David Hill, (picture right) emphasized the growing importance of understanding IP in China via actual discussion with on-the-ground experts vs. the reliance on hearsay. To this end, the AIPLA and USPTO are jointly sponsoring this traveling roundtable discussion program with subsequent events being planned in the US and China.
Microsoft's Director of International IP Policy Mark Cohen laid out the background and framework of Utility Models ("UMs") and Design Patents in China and their alternative as a cheap and fast form of IP protection. Mark also showed some interesting statistics that it is overwhelmingly Chinese entities who are filing and using UMs and Designs Patents. Discussion followed as to the root causes of this, and why relatively few foreign entities apply for Chinese Designs, and particularly UMs. US practitioners are typically unfamiliar with UMs because they are not available in the US, although some other countries (Germany, Japan, etc.) do have them. While many countries have Designs Patents, few foreigners file their Designs Patents in China, as their scope is generally regarded as being quite narrow as dotted-lines (i.e., partial designs) are not allowed.
Elaine chaired the first panel discussion with Thomas Moga (Shook, Hardy & Bacon) (picture, right) explaining his interesting uses for Design Patents in China beyond what is typically allowed in the US. Meanwhile, Toby Mak (Tee & Howe) explained that the subject matter of UMs in China is limited to physical objects whose novel element is related to the shape or construction thereof. Thus, protection of chemical compositions, methods of use, etc. are not allowed via UMs. Toby also discussed the procedure for concurrently filing for both Invention Patents (i.e., US-style Utility Patents) and UMs in China. Toby also explained that by filing for both a UM and an invention patent in China, you can obtain both short-term protection as well as long-term protection; once the invention patent is ready to grant, then the Examiner may ask you to elect to keep either the UM or the Invention patent and abandon the other one in order to avoid double-patenting. IBM's Associate General Counsel for IP, Manny Schecter explained that IBM does not file for such IP in China (or elsewhere) as they are not subject to substantive examination and therefore their enforceability is highly suspect, even when granted. It seems that IBM, for one, simply wishes to have greater assurance that any of its granted patents are actually ultimately enforceable.
Skip Fisher (Perkins Coie) (picture, left) then chaired the panel discussion about enforceability of UMs and Design Patents. Michael Lin (Marks&Clerk, Hong Kong) led off the discussion about enforcement via China-specific administrative routes such as at Customs, local raids, seizures, and at trade shows. Ultimately, Michael believes that UM and Design Patent enforcement is possible in trade fairs, especially for exact copies. However, enforcement via customs and other administrative routes are more difficult than, for example, trade mark enforcement. Ping Gu (Unitalen) discussed the many complicated issues involved with legal enforcement of IP via the Chinese court system. Geoffrey Lin (Hogan Lovells) described his personal involvement with the Chint v. Schneider case which resulted in the largest ever IP judgment in China of 330 Million CNY ( about US $44 Million). Although IP litigation in the courts is increasing and the judges are getting better, evidence collection, forum shopping, local court regulations, political factors, etc. may all greatly affect the result of first-instance litigation. However, the availability of appeals to a higher court may in some ways mitigate these effects. As China has virtually no "discovery" available to plaintiffs, all panelists agreed that the collection of court-acceptable evidence prior to initiating litigation is essential and remains a serious problem in China.
The roundtable concluded with USPTO's Albert Tramposch heading an open discussion with all participants identifying issues (e.g., susceptibility of UMs and Designs Patents for abuse by NPEs, lack of a duty of disclosure, lack of substantive examination before grant, etc.) and discussing potential future actions, law changes, administrative, changes, etc. to address some of the issues. Participants hope that China will pay special attention to legal and administrative transparency and further improve equal treatment under the law.
Overall, it was a highly informative roundtable with excellent questions and observations from both the audience, presenters and panellists.The AmeriKat thanks Michael for reporting and AIPLA and USPTO for organizing this roundtable. She is often surprised daily about how many UK IP lawyers do not take action in China or are unaware of what is available to them and their clients in China. Does anyone know if the UK IPO has planned or will be planning something similar for the UK audience?AIPLA-USPTO roundtable here.
Round pool table here.
A famous Round Table here.A round robin here. -
Territory Manager (Cook County)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in chicago)******Candidate Must be a resident of Cook County******* Were looking for an all-star Territory Manager with a track record of overachievement and a desire to be part of an industry pioneer--in the government services arena. Were a service driven, national company looking for an extraordinary Sales Executive. We foster an energetic team atmosphere and believe much of the success of our growth is our commitment to building our company with upbeat, talented, motivated people who wil ...
******Candidate Must be a resident of Cook County*******
Were looking for an all-star Territory Manager with a track record of overachievement and a desire to be part of an industry pioneer--in the government services arena.
Were a service driven, national company looking for an extraordinary Sales Executive. We foster an energetic team atmosphere and believe much of the success of our growth is our commitment to building our company with upbeat, talented, motivated people who will continue to adopt our mission of Legendary Service.
The Company
Founded in 1987, CorrectiveSolutions is the pioneer in the development of programs that assist District Attorneys and courts nationwide with the management of selected high volume misdemeanor case loads, and has grown to become the largest private contractor in the United States for Prosecuting Attorneys conducting bad check, petty theft, suspended license and other misdemeanor diversion programs. CorrectiveSolutions has a highly proprietary and protected business model with a proven track record of success that can be attributed to the tight administrative partnerships developed with the Prosecutors offices and their communities (including victims and voting constituents).
We employ approximately 70 people full time in our national headquarters in San Clemente, CA and additional employees throughout the country. We continue to expand our highly successful programs into new jurisdictions and for new victims.
Position Requirements
Bachelors degree or equivalent experience
Minimum of 3 years of experience in territory management role
Ability and willingness to adapt to constant change
Ability to participate in a virtual office setting and maintain an active and dynamic presence via phone, email and other technologies as appropriate
Reliable transportation
Ability to travel 50% of the time including participation and presentations at professional meetings, conferences and trade shows
Understand the meaning and implications of key financial indicators
Interpersonal skills, analytical abilities, and organizational skills
Computer skills (MS office, Customer Relationship Management Software)
Proven ability to identify business opportunities, create plans and deliver quality results, simultaneously, with multiple clients
Professional and polished demeanor: effective and persuasive representative of the company
Excellent customer service and relationship management skills
Experience and skills in managing across functional and organizational lines
Flexibility
Responsibilities
TM is responsible for all activities and results in the defined Territory as follows:
Acquisition of new merchant customers and expanding the companys footprint
Maintenance and satisfaction of existing prosecutor customers
Maintain effective cross functional and cross departmental communications with headquarters
Provide field support with existing merchants
Introduction and establishment of new products and programs
Acquisition of new regional merchants
Executing programs to attract local merchants
Responsible for the overall check volume in the territory
Together with RVP establish a quarterly Territory Plan that includes
-Acquisition goals
-Activity goals (i.e. presentations, introduction of new services, visits, appointments)
-Support needed from management and HQ (i.e. direct mail, inside sales, visit support from DA sales team)
-Satisfaction survey goals (completion dates)
-Contract renewals
-Milestone events
Execute the Territory Plan
Maintain contact with existing customers.
-Planning and executing activities with prosecutors to promote their programs
Merchant Meetings (i.e. milestone event, merchant summit, business association)
Chamber Meetings
Campaigns (i.e. direct mail, email, fax, USPS)
Law Enforcement Outreach
Others
-Facilitate contact between HQ and prosecutor
-Conduct annual reviews and contract renewals
-Continuously monitor and improve the customers satisfaction
Together with RVP and HQ support staff and specialists, develop prospects and convert prospects to new customers in order to expand Territory.
Introduce and establish new programs in the Territory
Identify regional and major merchant prospects and convert to participating merchants.
Record all activities in the SuperSystem and Sales Contact Database
Participate in company meetings
Participate in trade shows and conventions as assigned
Participate in required trainings
Other tasks as assigned
Measures of Accountability:
Net territory check volume growth (regional and manual)
Net population growth
Customer Satisfaction
Contract Renewals
Introduction of new programs
Participation in regional activities
Leadership in Territory
Professional growth and development
Compensation:
Base Salary and bonus (annual and quarterly) based on achieving goals. Please refer to the compensation plan for details.
Excellent Compensation Package includes:
Vacation/Personal Time Off with Pay
10 Paid Holidays
401 (k) w/generous company match
Employee Referral Bonus Program
Health and Dependent Care Flexible Spending Account
Medical/Dental/Vision Life Insurance Benefits
- Location: Cook County
- Compensation: $35,000 annual base salary + bonus potential
- Principals only. Recruiters, please don't contact this job poster.
- Please, no phone calls about this job!
- Please do not contact job poster about other services, products or commercial interests.
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SUPREME COURT ATTORNEY (Levels C - D or Senior) (downtown / civic / van ness)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in SF bay area)SUPREME COURT OF CALIFORNIA 350 McAllister Street San Francisco, California 94102 Web site: www.courtinfo.ca.gov/careers EMPLOYMENT OPPORTUNITY JOB TITLE: SUPREME COURT ATTORNEY (Levels C - D or Senior) LOCATION: SAN FRANCISCO, CALIFORNIA JOB REQ#: 3598 OVERVIEW The California Supreme Court, located in San Francisco, is accepting applications for Supreme Court Attorney - Capital Central Staff. Capital Central Sta ...
SUPREME COURT OF CALIFORNIA
350 McAllister Street
San Francisco, California 94102
Web site: www.courtinfo.ca.gov/careers
EMPLOYMENT OPPORTUNITY
JOB TITLE: SUPREME COURT ATTORNEY (Levels C - D or Senior)
LOCATION: SAN FRANCISCO, CALIFORNIA
JOB REQ#: 3598
OVERVIEW
The California Supreme Court, located in San Francisco, is accepting applications for Supreme Court Attorney - Capital Central Staff. Capital Central Staff attorneys assist the Court in reviewing and processing appeals and habeas corpus petitions and related motions filed in the Supreme Court following the imposition of a judgment of death in the Superior Court.
These positions will be staffed at a level commensurate with the qualifications of the selected individual.
RESPONSIBILITIES
Review briefing in automatic appeals and habeas corpus matters and prepare memoranda that evaluate the issues, analyze the law applicable thereto, and offer recommendations
for proper disposition;
Prepare and review memoranda to the court concerning motions relating to both automatic appeals and habeas corpus petitions;
Recommend and draft proposed changes in the court's published and internal policies and other written material to assist the court in responding to new legislation and judicial
decisions;
Provide advice and assistance to the court for improving the fair and efficient processing of all aspects of capital matters;
Consult with attorneys and/or professional staff regarding capital and case related issues;
Attend oral arguments;
Serve on court committees as required; and
Conduct special legal research and assignments when requested, including editing of work prepared by court externs.
QUALIFICATIONS
Members of the Capital Central Staff are expected to possess exceptional research, analytical, and writing skills; familiarity with appellate practice and procedure; mature and sound judgment; and the ability to work both independently from, and cooperatively with, other members of the court's staff, subject to both the immediate and the ultimate direction by the individual justices.
Level C: Active membership in the State Bar of California and the equivalent of three years of post-bar legal experience in a legal setting such as a private law practice, corporation, government agency, law school, court, or legal publishing company.
OR
One year of experience as an appellate attorney, Level B, with the judicial branch.
Level D: Active membership in the State Bar of California and the equivalent of four years of post-bar legal experience in a legal setting such as a private law practice, corporation, government agency, law school, court, or legal publishing company.
OR
One year of experience as an appellate attorney, Level C, with the judicial branch.
Senior: Active membership in the State Bar of California and the equivalent of six years of post-bar legal experience, including substantial appellate experience, in a legal setting such as a private law practice, corporation, government agency, law school, court, or legal publishing company.
OR
Two years of experience as an appellate attorney, Level D, with the judicial branch.
For all levels: Work experience as a law clerk to a federal judge after passing a state bar but prior to formal state bar admission will be considered equivalent to post-bar legal experience.
For external candidates for the Senior Supreme Court Attorney class, the Chief Justice must certify that the candidate possesses substantial appellate experience.
Please Note: If you are selected for hire, the Supreme Court will require verification of employment eligibility or authorization to legally work in the United States
DESIRABLE QUALIFICATIONS
Broad and practical experience in criminal law; appellate, habeas corpus, and motion experience; familiarity with death penalty law, including appeals, habeas corpus, and related motions; experience in drafting policies, letters, and similar documents; managerial and/or supervisory skills; proven editorial ability; familiarity with court procedures; high academic achievement.
HOW TO APPLY
To ensure consideration of your application for the earliest round of interviews, please apply by January 12th, 2011, however this position will remain open until filled. To complete an online application, please visit our Web site at www.courtinfo.ca.gov/careers and search for Job Req-3598, Supreme Court Attorney, Levels C D, Senior. This position requires the submission of our official application, resume, response to a supplemental questionnaire and writing sample.
To obtain a printed application, please download a copy from the Careers page on our website under the Special Access and Application Help section OR visit:
California Administrative Office of the Courts
455 Golden Gate Avenue, 7th Floor
San Francisco, California 94102-3660
415-865-4272 Telecommunications Device for the Deaf
PAY AND BENEFITS
SALARY RANGES:
Levels C-D, SENIOR ($6,883 - $11,970 per month)
(Starting level and salary commensurate with experience)
Level C Supreme Court Attorney: Salary: $6,883 - $8,748 per month
Level D Supreme Court Attorney: Salary: $7,925 - $10,575 per month
Senior Supreme Court Attorney: Salary: $8,969 - $11,970 per month
Some highlights of our benefits package include:
Health/Dental/Vision benefits program
13 paid holidays per calendar year
Choice of Annual Leave or Sick/Vacation Leave
1 personal holiday per year
$120 transit pass subsidy per month
CalPERS Retirement Plan
401 (k) and 457 deferred compensation plans
Employee Assistance Program
Basic Life and AD&D; Insurance
FlexElect Program
Long Term Disability Program (employee paid/optional)
Group Legal Plan (employee paid/optional)
The Supreme Court of California is an Equal Opportunity Employer.
SUPPLEMENTAL QUESTIONNAIRE for SUPREME COURT ATTORNEY, LEVELS C D, SENIOR (Job Req# 3598)
In order to better assess the qualifications of each applicant, we ask that you respond to the following questions.
1. Extensive independent research, analysis and writing on complex legal issues are required. Please describe your relevant experience in performing comparable work.
2. Please provide a short statement, not to exceed one page, of why your legal background qualifies you to serve as a Capital Central Staff attorney and why you are interested
in the position.
3. Please provide your date of admission to the State Bar of California.
4. Please provide a writing sample.
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Today in Congress
[Politics] (Daily Kos)In the House, courtesy of the Office of the Majority Leader: FLOOR SCHEDULE FOR TUESDAY, NOVEMBER 16, 2010 House Meets At: 12:30 p.m.: Morning Hour 2:00 p.m.: Legislative Business First Vote Predicted: 3:30 – 4:30 p.m. Last Vote Predicted: 5:00 – 6:00 p.m. “One Minutes” Suspensions (20 Bills) H.Res. 1475 - Congratulates the town of Tarboro, North Carolina, on the occasion of its 250th anniversary (Rep. Butterfield - Oversight and Government Reform) H.Res. 142 ...
In the House, courtesy of the Office of the Majority Leader:
FLOOR SCHEDULE FOR TUESDAY, NOVEMBER 16, 2010
House Meets At: 12:30 p.m.: Morning Hour
2:00 p.m.: Legislative Business
First Vote Predicted: 3:30 – 4:30 p.m.
Last Vote Predicted: 5:00 – 6:00 p.m.“One Minutes”
Suspensions (20 Bills)
- H.Res. 1475 - Congratulates the town of Tarboro, North Carolina, on the occasion of its 250th anniversary (Rep. Butterfield - Oversight and Government Reform)
- H.Res. 1428 - Recognizing Brooklyn Botanic Garden on its 100th anniversary as the preeminent horticultural attraction in the borough of Brooklyn and its longstanding commitment to environmental stewardship and education for the City of New York (Rep. Clarke - Oversight and Government Reform)
- H.R. 5758 - To designate the facility of the United States Postal Service located at 2 Government Center in Fall River, Massachusetts, as the "Sergeant Robert Barrett Post Office Building" (Rep. Frank - Oversight and Government Reform)
- H.Res. 1529 - Commending Bob Sheppard for his long and respected career as the public-address announcer for the New York Yankees and the New York Giants (Rep. McCarthy (NY) - Oversight and Government Reform)
- H.R. 5655 - To designate the Little River Branch facility of the United States Postal Service located at 140 NE 84th Street in Miami, Florida, as the "Jesse J. McCrary, Jr. Post Office" (Rep. Meek - Oversight and Government Reform)
- H.R. 5702 - To amend the District of Columbia Home Rule Act to reduce the waiting period for holding special elections to fill vacancies in the membership of the Council of the District of Columbia (Rep. Norton - Oversight and Government Reform)
- H.R. 6278 - Kingman and Heritage Islands Act of 2010 (Rep. Norton - Oversight and Government Reform)
- H.R. 5367 - D.C. Courts and Public Defender Service Act of 2010 (Rep. Norton - Oversight and Government Reform)
- S. 3567 - A bill to designate the facility of the United States Postal Service located at 100 Broadway in Lynbrook, New York, as the "Navy Corpsman Jeffrey L. Wiener Post Office Building" (Sen. Schumer - Oversight and Government Reform)
- H.Res. 1494 - Congratulating the champion, finalists, and all other participants in the 83rd Annual Scripps National Spelling Bee (Rep. Sutton - Oversight and Government Reform)
- H.R. 6237 - To designate the facility of the United States Postal Service located at 1351 2nd Street in Napa, California, as the "Tom Kongsgaard Post Office Building". (Rep. Thompson (CA) - Oversight and Government Reform)
- H.R. 6387 - To designate the facility of the United States Postal Service located at 337 West Clark Street in Eureka, California, as the "Sam Sacco Post Office Building" (Rep. Thompson (CA) - Oversight and Government Reform)
- H.R. __ - To improve certain administrative operations of the Office of the Architect of the Capitol (Rep. Brady (PA) - House Administration)
- H.Res. __ - Congratulating the engineers, scientists, psychologists, and staff of the National Aeronautics and Space Administration (NASA) for helping to successfully rescue 33 trapped Chilean miners from a collapsed mine near Copiapo, Chile (Rep. Eddie Bernice Johnson - Science and Technology)
- H.Res. 1654- Expressing support for "Undergraduate Research Week" (Rep. Holt - Education and Labor)
- H.Res. 1652 - Expressing support for National Principals Month (Rep. Davis (CA) - Education and Labor)
- H.Res. 1641 - Celebrating September 30, 2010, as the 60th Anniversary of Impact Aid (Rep. Hirono - Education and Labor)
- H.Res. 1655 - Expressing support for "National Farm to School Month" (Rep. Holt - Education and Labor)
- H.Res. __ - Congratulating Joe Paterno on his 400th win as Penn State Nittany Lions football head coach (Rep. Thompson (PA) - Education and Labor)
- H.Con.Res. __ - Recognizing the 35th anniversary of the enactment of the Education for All Handicapped Children Act of 1975 (Rep. George Miller - Education and Labor)
- Conference Reports may be brought up at any time.
- Motions to go to Conference should they become available.
- Possible Motions to Instruct Conferees.
In the Senate, courtesy of the Office of the Majority Leader:
The Senate will not be in session on Tuesday, November 16.
Look out! Here they come! Twenty suspensions in the House, and no session at all in the Senate! The Senate is out today for caucus meetings and to discuss the various organizing tasks that'll present themselves in the coming weeks.
Well, you know, not much you can say about what's on the schedule. They are biding their time and thinking about what, if anything, can be done.
And for the record, I guess "they" now includes Senators Joe Manchin (D-WV) and Chris Coons (D-DE), as well as Reps. Marlin Stutzman (R-IN-03) and Tom Reed (R-NY-29). Sen.-elect Mark Kirk (R-IL) still awaits his certification. Congratulations, Senator Kirk! Delay of the Year!
Today's full committee schedule appears below.
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This Week in Congress
[Politics] (Daily Kos)In the House, courtesy of the Office of the Majority Leader: First Vote Of The Week: Monday 6:00 p.m. Last Vote Predicted: Friday p.m. MONDAY, NOVEMBER 15, 2010 On Monday, the House will meet at 2:00 p.m. for legislative business with votes postponed until 6:00 p.m. Suspensions (10 Bills) H. Res._ - Providing for the concurrence by the House in the Senate amendment to H.R. 5566 with an amendment - Prevention of Interstate Commerce in Animal Crush Videos Act of 2010 (Rep. Gallegly - Jud ...
In the House, courtesy of the Office of the Majority Leader:
First Vote Of The Week: Monday 6:00 p.m.
Last Vote Predicted: Friday p.m.MONDAY, NOVEMBER 15, 2010
On Monday, the House will meet at 2:00 p.m. for legislative business with votes postponed until 6:00 p.m.
Suspensions (10 Bills)
- H. Res._ - Providing for the concurrence by the House in the Senate amendment to H.R. 5566 with an amendment - Prevention of Interstate Commerce in Animal Crush Videos Act of 2010 (Rep. Gallegly - Judiciary)
- H.Res. 716- Recognizing Gail Abarbanel and the Rape Treatment Center (Rep. Kennedy - Judiciary)
- Senate Amendment to H.R. 5283 - Help HAITI Act of 2010 (Rep. Fortenberry - Judiciary)
- S. 1376- International Adoption Simplification Act (Sen. Klobuchar - Judiciary)
- H.R. __- Marine Sergeant Michael H. Ferschke, Jr. Memorial Act (Rep. Duncan - Judiciary)
- H.R. __- To amend the Immigration and Nationality Act to toll, during active-duty service abroad in the Armed Forces, the periods of time to file a petition and appear for an interview to remove the conditional basis for permanent resident status (Rep. Lofgren - Judiciary)
- H.R. 5264- Department of Justice Appropriations Authorization Act, Fiscal Year 2011 (Rep. Conyers - Judiciary)
- H.Res. __- Honoring the 30th Anniversary of the Bayh-Dole Act (Rep. Conyers - Judiciary)
- S. 3689- Copyright Cleanup, Clarification, and Corrections Act of 2010 (Sen. Leahy - Judiciary)
- H.Res. __- Recognizing and honoring the 50th anniversary of Ruby Bridges desegregating a previously all-white public elementary school (Rep. Lewis (GA) - Judiciary)
TUESDAY, NOVEMBER 16, 2010 AND THE BALANCE OF THE WEEK
On Tuesday, the House will meet at 12:30 p.m. for Morning Hour debate and 2:00 p.m. for legislative business. On Wednesday and Thursday, the House will meet at 10:00 a.m. for legislative business. On Friday, the House will meet at 9:00 a.m. for legislative business.
Suspensions (23 Bills)
- H.Res. 1475- Congratulates the town of Tarboro, North Carolina, on the occasion of its 250th anniversary (Rep. Butterfield - Oversight and Government Reform)
- H.Res. 1428- Recognizing Brooklyn Botanic Garden on its 100th anniversary as the preeminent horticultural attraction in the borough of Brooklyn and its longstanding commitment to environmental stewardship and education for the City of New York (Rep. Clarke - Oversight and Government Reform)
- H.R. 5758- To designate the facility of the United States Postal Service located at 2 Government Center in Fall River, Massachusetts, as the "Sergeant Robert Barrett Post Office Building" (Rep. Frank - Oversight and Government Reform)
- H.Res. 1529- Commending Bob Sheppard for his long and respected career as the public-address announcer for the New York Yankees and the New York Giants (Rep. McCarthy (NY) - Oversight and Government Reform)
- H.R. 5655- To designate the Little River Branch facility of the United States Postal Service located at 140 NE 84th Street in Miami, Florida, as the "Jesse J. McCrary, Jr. Post Office" (Rep. Meek - Oversight and Government Reform)
- H.R. 5702- To amend the District of Columbia Home Rule Act to reduce the waiting period for holding special elections to fill vacancies in the membership of the Council of the District of Columbia (Rep. Norton - Oversight and Government Reform)
- H.R. 6278- Kingman and Heritage Islands Act of 2010 (Rep. Norton - Oversight and Government Reform
- H.R. 5367- D.C. Courts and Public Defender Service Act of 2010 (Rep. Norton - Oversight and Government Reform)
- S. 3567- A bill to designate the facility of the United States Postal Service located at 100 Broadway in Lynbrook, New York, as the "Navy Corpsman Jeffrey L. Wiener Post Office Building" (Sen. Schumer - Oversight and Government Reform)
- H.Res. 1494- Congratulating the champion, finalists, and all other participants in the 83rd Annual Scripps National Spelling Bee (Rep. Sutton - Oversight and Government Reform)
- H.R. 6237- To designate the facility of the United States Postal Service located at 1351 2nd Street in Napa, California, as the "Tom Kongsgaard Post Office Building". (Rep. Thompson (CA) - Oversight and Government Reform)
- H.R. 6387- To designate the facility of the United States Postal Service located at 337 West Clark Street in Eureka, California, as the "Sam Sacco Post Office Building" (Rep. Thompson - Oversight and Government Reform)
- H.R. __- To improve certain administrative operations of the Office of the Architect of the Capitol (Rep. Brady (PA) - House Administration)
- H.Res. __- Congratulating the engineers, scientists, psychologists, and staff of the National Aeronautics and Space Administration (NASA) for helping to successfully rescue 33 trapped Chilean miners from a collapsed mine near Copiapo, Chile (Rep. Eddie Bernice Johnson - Science and Technology)
- H.Res. 1677- Condemning the Burmese regime's undemocratic upcoming elections on November 7, 2010 (Rep. Manzullo - Foreign Affairs)
- H.J.Res. 94- Recognizing the 20th anniversary of the outbreak of the Gulf War and reaffirming the commitment of the United States towards Gulf War veterans (Rep. Michaud - Foreign Affairs)
- H.Con.Res. 259- Recognizing the 500th anniversary of the birth of Italian architect Andrea Palladio (Rep. Pascrell - Foreign Affairs)
- H.Con.Res. 327- To recognize and support the efforts of the USA Bid Committee to bring the 2018 or 2022 Federation Internationale de Football Association (FIFA) World Cup competition to the United States (Rep. Van Hollen - Foreign Affairs)
- H.Res. 1654- Expressing support for "Undergraduate Research Week" (Rep. Holt - Education and Labor)
- H.Res. 1652- Expressing support for National Principals Month (Rep. Davis (CA) - Education and Labor)
- H.Res. 1641- Celebrating September 30, 2010, as the 60th Anniversary of Impact Aid (Rep. Hirono - Education and Labor)
- H.Res. 1655- Expressing support for "National Farm to School Month" (Rep. Holt - Education and Labor)
- H.Res. 1648- Supporting the goals and ideals of National Adoption Day and National Adoption Month by promoting national awareness of adoption and the children in foster care awaiting families (Rep. Oberstar - Ways and Means)
Motion to Concur in the Senate Amendment to H.R. 1722 - Telework Enhancement Act of 2010 (Rep. Sarbanes – Oversight and Government Reform)(Subject to a Rule)
- Conference Reports may be brought up at any time.
- Motions to go to Conference should they become available.
- Possible Motions to Instruct Conferees.
In the Senate, courtesy of the Office of the Majority Leader:
Monday:
Convenes: 2:00pm
There will be a period of morning business with senators permitted to speak for up to 10 minutes each.
There will be no roll call votes during Monday's session of the Senate.
The Senate will be in session the week of November 15-19, 2010.
Wednesday:
As a reminder, on Wednesday, September 29, Senator Reid filed cloture on the motion to proceed to the following bills:
- S.3815, the Promoting National Gas and Eletric Vehicles Act of 2010;
- S.3772, The Paycheck Fairness Act; and
- S.510, The FDA Food Safety and Modernization Act.
Senators should expect the next roll call vote to occur at a time to be determined on Wednesday, November 17, 2010.
The first vote will be on the motion to invoke cloture on the motion to proceed to S.3815, the Promoting National Gas and Eletric Vehicles Act of 2010.
So, for those of you who wanted to see the 111th Congress come roaring out of the gate in the post-election session, we have 33 suspensions on the calendar for you! Be assured that no matter what political storms we may have to weather, post offices will never go wanting for new names! At least there's one more good BANANAS Alert we can issue: H.R. 5283, the Help HAITI Act. Yes, they needed to try to cram a bad acronym into that one, believe it or not. If you ask me, the "Help Haiti Act" would have been perfectly descriptive. But apparently that wasn't good enough, and now we've got the Help Haitian Adoptees Immediately to Integrate (HAITI) Act." That's a lot better, don't you think? I thought it might be difficult for adoptees to integrate after their homes were destroyed by a series of natural disasters just by changing federal law to make it easier, but this new name will probably fix everything. So, that's good!
The Senate actually comes out with a more aggressive schedule than the House this week, with cloture votes due on three pieces of legislation. Not that they actually expect to get to those votes before Wednesday. Why start on Monday when you've only got about two weeks of work left, right? Heck, you're just going to end up leaving again at the end of the week, anyway. Come to think of it, that's true every week, isn't it? I'm gonna talk to my boss about that.
But really, given the realities of the filibuster and the short time table, is there anything the Congress could actually be doing at the end of its session? Well, there's a path available to them to possibly use reconciliation to get one last major act through, but chances are there's just no appetite for that. Reconciliation? Really? Well, yeah. Here's the theory.
The week's full committee schedule appears below the fold. For fans of the unusual, remember that the ethics "trial" of Rep. Charlie Rangel (D-NY-15) begins today at 9 am EST. It's really an "adjudicatory hearing," but in all appearances, it'll look largely like you'd expect a trial to look, so that's what the media is going with. Here's an explanation, if you'd like to catch up. And if you'd like to look in on it, Sunlight Live will be on the case. You usually don't see video coming out of the ethics committee (formally known as the Committee on Standards of Official Conduct), so this is a rare treat, so to speak.
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Computer Fraud Opined in the Online Public Access and Case Management Systems of the US Courts in
[Citizen Journalism, News] (CNN iReport - Latest)Computer Fraud Opined in the Online Public Access and Case Management Systems of the US Courts in Paper Submitted for International, Peer-reviewed Law Journal Los Angeles, October 30 – Human Rights Alert (NGO), and Joseph Zernik, PhD, submitted a scholarly paper for peer-review in an international law journal, opining large-scale fraud in the online public access and case management systems of the US district courts and US courts of appeals (PACER & CM/ECF), and likewise i ...
Computer Fraud Opined in the Online Public Access and Case Management Systems of the US Courts in Paper Submitted for International, Peer-reviewed Law Journal Los Angeles, October 30 – Human Rights Alert (NGO), and Joseph Zernik, PhD, submitted a scholarly paper for peer-review in an international law journal, opining large-scale fraud in the online public access and case management systems of the US district courts and US courts of appeals (PACER & CM/ECF), and likewise in the public access system of the Supreme Court of the United States. 1 Such conduct by the US courts was alleged as undermining banking regulation in the United States and permitting the routine deprivation of rights under the color of law. Report, which was previously submitted by Human Right Alert to the Human Rights Council of the United Nations, was later incorporated in an Official United Nations staff report, with reference to “corruption of the courts and the legal profession” in California. 2 The new paper included a unique set of records from the US District Court, Central District of California, US District Court, Washington DC, US Court of Appeals, 9 th Circuit, and Supreme Court of the United States. Such records documented a chain of actions in the US courts, where all of minutes, orders, judgments were either unsigned by judges, or unattested by clerks, whereas US law required certification by a duly assigned judge and attestation/authentication by a duly authorized clerk of the court to render judicial records such that commanded “full faith and credit”. 3 The paper also included records of pretense judicial review, which were issued by unauthorized court personnel – Courtroom Deputies instead of Deputy Clerks at the US District Court, Central District of California, and Court Counsel Danny Bickell instead of the Clerk of the Court at the US Supreme Court. Furthermore, the paper included detailed analysis of the attestation records of the US district courts (NEFs) and US Courts of Appeals (NDAs), as they are implemented today in CM/ECF, and contrasted them with the Certificates of Service, which were issued by the clerks prior to implementation of PACER and CM/ECF, and concluded that the NEFs and NDAs were void on their faces as attestation/authentication certification records. The paper also referred to inspection of the records of large number of US district courts and US courts of appeals and found that all, without exception, failed to publish rules of courts pertaining to their novel electronic records and related court procedures, in what was opined as violation of Due Process/ Fair Hearing rights. Through the implementation of such systems by the Administrative Office of the US Courts, the paper opined that accountability of the clerks for integrity of electronic court records was circumvented and integrity of the courts was undermined. Accordingly, the paper documented the refusal of clerks of the US district courts to certify the PACER dockets, where judicial records – minutes, orders, and judgments - were today published online, which were void, not voidable. Furthermore, the paper documented the routine denial of access to the attestation records of the US courts, in apparent violation of First Amendment and Due Process rights. The papers proposed solutions, based on enactment of federal rules pertaining to the operation of the online public access and case management systems of the courts by the US Congress – to restore accountability of the clerks for electronic court records, through legal
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Waiting in Line as the System Grinds
[Crime] (Change.org's Criminal Justice Blog)This month, while the State Fair of Texas was drawing huge crowds and stretching police staff, the small Dallas Police office charged with registering sex offenders was swamped. Lines of people seeking to register snaked around the block, and some were turned away after waiting for hours. Officials say they’re working on the problem in Dallas, but the incident underscores a wider problem with sex offender registries (and with the criminal justice system in general): the constant delays and lon ...
This month, while the State Fair of Texas was drawing huge crowds and stretching police staff, the small Dallas Police office charged with registering sex offenders was swamped. Lines of people seeking to register snaked around the block, and some were turned away after waiting for hours.
Officials say they’re working on the problem in Dallas, but the incident underscores a wider problem with sex offender registries (and with the criminal justice system in general): the constant delays and long waits that defendants and their families face in trying to conduct the most routine business.
Tough on crime legislation is often an unfunded mandate for the agencies it impacts. Longer sentences, registration and parole requirements and postponed hearings require government resources -- from police, courts and other departments. And the effect of this drain on resources is exactly the opposite of perceived intent of the legislation: by ensnaring our poorest citizens in an endless bureaucracy, we've denied them time with family and countless work days and job opportunities, placed hurdles in the path of a functioning life and possibly even contributed to more crime.
The gridlock in Dallas’ registry means it can take hours -- or days -- for a sex offender to update his address or complete his quarterly or annual check-in. Even when there’s no state fair, the Dallas Police Department only allows sex offenders to check in three days a week, during a 2 ½-hour window each day. That's a tiny window of time to hit. I have a hard enough time calling my gas company during business hours when I have a question about my bill.
And this problem faces defendants awaiting hearings -- from the mundane to the serious -- in courtrooms across the United States. It’s not unusual for courts to call everyone for 9 am when some cases won’t get called until 3:30 pm -- or not at all.
The Dallas Police Department's decision to turn away sex offenders is unacceptable, but it's not a rare circumstance. The dysfunction and gridlock in our courts and administrative offices perpetuate the image and reality of a broken system. When a law enforcement agency gets the little things right -- like allowing parolees to check in online or holding office hours in the evenings -- other fixes will follow. A functioning system can fuel a safer city.
(Via The Crime Report)
Photo Credit: blakespot
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Police Sergeant (santa rosa)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in SF bay area)Santa Rosa Junior College Management Employment Opportunity Police Sergeant (Confidential) District Police PRIORITY FILING DEADLINE: Monday, November 15, 2010* (Initial screening date; Open until filled.) GENERAL DESCRIPTION Santa Rosa Junior College is seeking an individual with demonstrated management and law enforcement skills to join an outstanding team of managers and staff to provide high quality services to our District, our community, and most importantly to our students. Under dire ...
Management Employment Opportunity
Police Sergeant (Confidential)
District Police
PRIORITY FILING DEADLINE: Monday, November 15, 2010*
(Initial screening date; Open until filled.)
GENERAL DESCRIPTION
Santa Rosa Junior College is seeking an individual with demonstrated management and law enforcement skills to join an outstanding team of managers and staff to provide high quality services to our District, our community, and most importantly to our students. Under direction, the Police Sergeant is assigned primary responsibility as a working, first-line supervisor for police officers, community service officers, dispatchers, records and support staff, short-term, non-continuing and student employees; enforces District policies, procedures, and safety regulations, as well as applicable local, Federal, and State laws and ordinances; provides and supervises all department services District-wide as required; and performs specialized police, and other related work as required. This is a full-time, 40 hours per week, District and categorically funded Confidential Management position. Work schedule may vary depending on department needs and may include evenings and weekends, so candidates must have scheduling flexibility to meet the changing needs of the department. Work location may be at any District site. Appointments are contingent funding and upon Board approval.
SCOPE
The Police Sergeant’s primary assignment is as Watch Commander for assigned shifts; supervises police department personnel; performs all duties and responsibilities of a police officer; establishes and maintains active involvement and cooperative relationships with the District community; takes charge of the department when the Chief of Police is not on duty and/or otherwise unavailable.
DEPARTMENT DESCRIPTION
The Police Department of the Sonoma County Junior College District is a fully P.O.S.T. accredited law enforcement agency consisting of 13 sworn and approximately 50 non-sworn support personnel. The department is located on the Santa Rosa Junior College Campus in the Pedroncelli Center, with sub-stations located at the Petaluma Campus and the Public Safety Training Center in Windsor. The Department takes pride in its reputation for community oriented professional law enforcement service to one of the largest single college districts in the country, serving faculty, staff, visitors, and approximately 40,000 students each semester within a 1,600 square mile service region.
EXAMPLES OF DUTIES
Provides first-line supervision and schedules, assigns, and reviews the work of police officers, community service officers, dispatchers and other department members in the performance of their duties; monitors workload and insures that department regulations and policies are followed; schedules department staff to cover absences; conducts performance evaluations of departmental employees as assigned; patrols all District properties and surrounding areas by vehicle, bicycle, or foot to establish positive rapport and cooperative relationships with the public and members of the District community; deters, locates, reprimands, detains, cites, and/or arrests persons committing crimes, creating disruptions, or violating District policies or procedures; conducts and/or supervises criminal and civil investigations; evidence collection and maintenance; reviews reports and provides feedback as needed; writes complex criminal, civil, and incident reports; maintains accurate and complete records, reports, and files; responds to subpoenas; testifies in court as required; operates all department and law enforcement computer systems and programs as needed; assesses and supervises the need for use of deadly force and less lethal force options including physical control holds, chemical weapons, impact weapons, and firearms; demonstrates a community oriented approach to police work; maintains good working relationships with students, staff, faculty, administrators, and the public regarding law enforcement service, public programs and services, District policies and procedures, and complaints or questions regarding officer/employee conduct; attends mandatory P.O.S.T., department, and in-service training to maintain required law enforcement standards; confers with management, legal counsel, District administrators, and other personnel as necessary regarding police department and District issues; makes recommendations to correct problems; provides non-police related support services as needed, such as locking and unlocking buildings and facilities, call-outs of maintenance, grounds, custodial, academic and administrative personnel for incidents occurring during evenings, weekends, holidays, and special events; supervises the District’s emergency preparedness procedures to include evacuation of buildings and facilities, securing perimeters, coordination of fire, medical, communication, utilities, and other emergency services; maintains cooperative working relationships with local, state, and Federal law enforcement and criminal justice agencies; district Attorney’s office, and the courts; in the absence of the Chief of Police, oversees and supervises critical incidents in accordance with all law enforcement protocols until such time the Chief of Police is present; actively participates in District, community, federal, and state meetings, task forces, and committees, as assigned by the Chief of Police, and represents the District and department; makes recommendations to the Chief of Police on department budget, staffing, and operational efficiency and service; prepares reports as necessary; may perform and/or supervise special assignments such as, but not limited to, emergency disaster planning, cadet program, evidence and property, crime prevention, gang suppression, FTO program, investigations, parking and transportation programs, in-service training, or specific granted funded assignments.
QUALIFICATIONS
Required Abilities and Knowledge:
Requires the ability to supervise, train, evaluate, and provide effective direction to police officers, non-sworn, temporary, and student personnel during assigned shifts; work independently and make sound judgments and decisions; enforce applicable laws, rules, policies, protocols, conduct investigations, and handle violent, mentally ill, and dangerous individuals; patrol District properties inside and outside and surrounding areas by foot, bicycle, or vehicle under varying weather conditions, and on varying shifts, and work schedules; read, write, and speak effectively in English at the levels required for successful job performance to include public speaking and presentations; establish and maintain cooperative relationships with those contacted during the course of work; analyze situations accurately and adopt an effective course of action; Understand and interpret District employee labor contracts; demonstrate sensitivity to, and respect for, a diverse population. Requires knowledge of law enforcement and safety principles, practices and techniques; pertinent laws, rules, and regulations governing the functions of the Police Department, to include laws of arrest, legal rights of citizens, court procedures, rules of evidence, department manual, and Peace Officer Bill of Rights; principles and procedures of supervision and State mandated law enforcement sworn and non-sworn personnel training standards; Law enforcement computer operating systems, software programs, and contemporary technology for integrated fire, access control, and security systems; Community-Oriented Policing (C.O.P.) and educational law enforcement principles, practices, techniques, and mandates to include the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and the Kristin Smart Campus Safety Act; District mission and vision statements, shared governance practices, accreditation process, and principles of governance in the California Community College System.
Required Education/Experience:
High school diploma or GED and 60 college units AND progressively responsible California law enforcement experience as a sworn police officer within the last three years; or the equivalent.
Preferred:
• Associate’s degree
• Progressively responsible law enforcement experience with a California Community College District, California State University, or University of California Police Department at the rank of sworn police officer or above.
• Four (4) years of full-time (or part-time equivalent) overall police experience with at least one (1) year in a supervisory capacity other than as a Field Training Officer (off probation preferred).
If you do not possess the minimum qualifications exactly as stated above, you must file for equivalency. If claiming equivalency, applicants are responsible for documenting all course work, degree programs and related professional experience at time of application.
SPECIAL REQUIREMENTS
• Depending on previous employment, new hires may be required to successfully complete an extensive background investigation and meet P.O.S.T. physical standards, which include specific vision, hearing and other sensory requirements.
• This classification has a one-year probationary period.
• Must be able to move heavy objects such as equipment (50 lbs or more), and lift and carry injured or intoxicated persons short or long distances while performing duties; endure constant exposure to situations which may be dangerous or life threatening.
• Required to wear various uniforms and body armor, carry and use approved firearms and weapons within the confines of the law in a safe and responsible manner.
• Must be able to operate a vehicle following P.O.S.T. recommended procedures.
• Any indiscretions or criminal activity off the job can result in termination with the District and loss of the ability to remain a police officer in the State of California.
LICENSE OR CERTIFICATE
• Current California Peace Officer Standards and Training (P.O.S.T.) Intermediate certificate. Current Advanced and Supervisory certificates preferred.
• Must complete minimum required hours of advanced officer course work and be current in all P.O.S.T. requirements.
• Must be able to successfully complete a P.O.S.T. Supervisory course and obtain a P.O.S.T. Supervisory certificate within two (2) years of appointment.
• This classification also requires the use of a District vehicle while conducting District business. Must possess a valid (Class C) California driver’s license and good driving record.
APPLICATION MATERIALS AND PROCEDURES
To receive application materials, please contact:
Human Resources Department
Santa Rosa Junior College
1501 Mendocino Avenue
Santa Rosa, California 95401
(707) 527-4954
Fax (707) 527-4967
Employment Page: http://www.santarosa.edu/hr
Human Resources is located on the Santa Rosa campus in the Button Building at 1988 Armory Drive on the west side of campus parallel to Highway 101. Hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.
*It is the candidate’s responsibility to be sure that all required materials reach Human Resources by 4:00 p.m. on the priority filing deadline to be given priority consideration for the position. For applications received after the priority filing deadline where the committee has already begun the initial screening process, materials will be kept on file and only be considered if the initial screening is unsuccessful. Contact Human Resources for details.
All documents included in your application file become the property of the college and will not be returned. Your application file for one position will not be considered for further openings and new documents must be submitted for each opening.
Following the priority filing deadline, applications which are complete for screening will be forwarded to a screening committee for review. Approximately 15 to 20 days later, we will notify you whether or not you have been chosen for interview. Those applicants most suitably qualified for the position will be invited for interview before a screening/interviewing committee.
If you are in need of special services or facilities due to a disability in order to apply or interview for an opening, please contact the Human Resources Department.
Prior to beginning employment, employees must: (a) provide proof of eligibility to work in the United States; (b) pass a pre-employment physical examination (at District expense); (c) be fingerprinted and have background clearance (at District expense); and (d) take a TB test.
The Jeanne Clery Annual Security Report, which includes personal safety and crime prevention information, related District policies, and District crime statistics, is available at www.santarosa.edu/police or paper copies are available upon request from the District Police Department.
SRJC attracts and retains the most qualified faculty and staff from diverse backgrounds. This is achieved through an inclusive recruitment strategy and a rigorous, thorough hiring process that begins with the fair and consistent evaluation of each application for minimum qualifications and demonstrated skills specific to each position. Because the ability to serve students from broad cultural heritages, socioeconomic backgrounds and genders is a key commitment of the College mission, SRJC actively encourages applications from candidates who recognize the value that diversity brings to a professional educational community.
Materials Required for this Recruitment
In order to be given priority consideration for this position, applicants must submit AN ORIGINAL PLUS ONE COPY OF EACH of the following documents by the priority filing deadline:
1. A completed Santa Rosa Junior College Management Application Form and Personal Data Form. Voluntary Data Form is optional.
• If applicable, completed Equivalency Application.
2. A statement describing your demonstrated experience in understanding and being sensitive to the diverse academic, socioeconomic, cultural, disability and ethnic backgrounds of community college students, faculty and staff.
3. A brief cover letter explaining your interest in the position, including how you meet the requirements and are qualified to perform the duties as listed in the “Examples of Duties” section of this announcement.
4. Current Resume.
5. Completed Supplemental Questionnaire.
6. Copies of transcripts of all college level course work. Unofficial copies (both sides) are acceptable, but official transcripts must be submitted prior to hiring. If transcripts are from an institution outside of the United States, applicants must provide a formal evaluation of their foreign degree(s) at the time of application. Contact the Human Resources Department for more information.
7. Copies of P.O.S.T certificates as follows:
a. Intermediate Certificate (required);
b. Advanced and Supervisory Certificates (preferred).
8. Proof of possession of a valid California driver’s license.
9. Proof of current CPR/First Aid.
10. Please submit an original AND one copy each of the required materials listed above.
PLEASE SUBMIT ONLY MATERIALS REQUESTED.
(In loose-leaf form - no folders or binding please.)
COMPENSATION PACKAGE
• Salary Range: $5,173 - $6,210 per month (2010/11 Management Salary Schedule); maximum initial placement at $5,691 (placement within this range based on experience as documented in application materials.) The salary stated above reflects a 4% mandatory time off reduction for the 2010/11 year. In addition to the base monthly salary listed above, candidates will also be entitled to overtime compensation when applicable.
• Fringe Benefits: The District offers a competitive benefit package which includes health & welfare (medical/dental/vision/life/long-term disability) benefits for employees and eligible dependents.
• Retirement: Selected candidate will be entitled to membership in the Public Employee’s Retirement System (PERS).
• Leave/Holiday time: Management employees earn 1 day of sick leave and 1.8333 days of vacation for each month worked. They are also entitled to holidays recognized by the District (14 holidays/year).
• Housing: A mortgage loan at reduced fees may be available to the candidate selected for this position (contact Human Resources for more information).
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Program Manager (HIV/AIDS) - Re-advertisement
[Africa] (Afrigator)EMPLOYMENT OPPORTUNITY Program Manager (HIV/AIDS) - Re-advertisement ALL ORDINARILY RESIDENT (OR) APPLICANTS MUST HAVE THE REQUIRED WORK AND/OR RESIDENCY PERMITS TO BE ELIGIBLE FOR CONSIDERATION.The Walter Reed Army Institute of Research (WRAIR) in Tanzania is seeking an individual for the position of Program Manager (HIV/AIDS).BASIC FUNCTION OF POSITIONThe Program Manager (HIV/AIDS), reporting to the WRAIR County Director for Tanzania, is responsible for the management of critical communic ...
EMPLOYMENT OPPORTUNITY Program Manager (HIV/AIDS) - Re-advertisement ALL ORDINARILY RESIDENT (OR) APPLICANTS MUST HAVE THE REQUIRED WORK AND/OR RESIDENCY PERMITS TO BE ELIGIBLE FOR CONSIDERATION.The Walter Reed Army Institute of Research (WRAIR) in Tanzania is seeking an individual for the position of Program Manager (HIV/AIDS).BASIC FUNCTION OF POSITIONThe Program Manager (HIV/AIDS), reporting to the WRAIR County Director for Tanzania, is responsible for the management of critical communications and coordination of WRAIR activities between and among the various United States Government (USG) departments and agencies involved in implementing WRAIR activities, designated Embassy counterparts, and with representatives of the USG PEPFAR Interagency Team. The Program Manager will be up-to-date on all national HIV/AIDS and related strategies; activities partners, and other stakeholders. The incumbent provides strategic planning and project management assistance to the WRAIR County Director.MAJOR DUTIES AND RESPONSIBILITIES: Management: 25% Managing with the WRAIR Country Director the year-round involvement of Interagency Technical Teams (ITTs) and Strategic Units (SUs) in planning, implementing, monitoring, and improving PEPFAR-supported activities.Participate and represent WRAIR in the Management and Operations (M&O) Interagency Technical working Teams as appropriate.Assisting the WRAIR Country Director in planning and executing WRAIR activities in Tanzania. Provide essential support to the PEPFAR Country Coordinator by: 40% Leading the development of responses to inquiries from Headquarters, partners and WRAIR satellite offices in the Southern Highlands and ensuring appropriate documentation of WRAIR programming, results, and budgets implementing partners.Serving as the Acting Country Director in his/her absence with special emphasis on maintaining effective and positive interagency implementation of WRAIR activities.Engaging in supporting development as an effective and efficient WRAIR team in Tanzania, including developing, training and maintaining shared tools and information.Providing day-to-day direction and supervision to other members of the WRAIR team in Dar, including the administrative/financial assistant, contractors and, as required.Manage administrative operation of the WRAIR Office in Dar es Salaam. This will include training contract staff. Work with PEPFAR/Tanzania interagency team to facilitate development, review and approval of the annual County Operational Plan (COP) by: 35% Establishing timelines and deliverables for the COP that is agreed and adhered to by participating WRAIR partners.Developing and assisting in implementing norms for effective use of interagency technical teams and strategic unit structures for preparing the COP.Developing, managing, and training WRAIR team members and implementing partners on work tools, including spreadsheets and databases that track the flow of COP development, reconciliation of budgets with available resources, etc.Convening and managing WRAIR team to assure centralized and accurate entry of data that constitutes the core of the COP.Performing other duties as assigned.QUALIFICATIONS REQUIREDAll applicants must address each selection criterion detailed below with specific and comprehensive information supporting each item. Education: Medical Degree (MD) is required. Prior experience: A minimum of five (5) years of progressive, experience in the health sector at the program management level with some background in HIV/AIDS is required. Language proficiency: Level IV (fluent) (writing, reading and speaking) in English and Kiswahili is required. Knowledge: The position requires a person with considerable technical expertise to conceptualize and manage programs in a complex multi-disciplinary team environment. It is important that the incumbent have a solid understanding of how PEPFAR, donors, stakeholders and others support the Government of Tanzanias HIV/AIDS strategies, especially assessing areas for program integration, overlap gaps in services. Skills and Abilities: The incumbent must have excellent organizational abilities, outstanding written and oral communication skills, and be able to effectively promote positive and results-oriented interpersonal/inter-organizational relations. SELECTION PROCESSWhen fully qualified, US Citizen Eligible Family Members (USEFMs) and US Veterans are given preference. Therefore, it is essential that the candidate specifically address the required qualifications above in the application.ADDITIONAL SELECTION CRITERIA1. Management will consider nepotism/conflict of interest, budget, and residency status in determining successful candidacy.TO APPLYInterested candidates for this position must submit the following for consideration of the application: Universal Application for Employment as a Locally Employed Staff or Family Member (DS-174); or A combination of both; i.e. Sections 1 -24 of the UAE along with a listing of the applicants work experience attached as a separate sheet; or A current resume or curriculum vitae that provides the same information found on the UAE (see section 3A below for more information); plus Candidates who claim US Veterans preference must provide a copy of their Form DD-214 with their application. Candidates who claim conditional US Veterans preference must submit documentation confirming eligibility for a conditional preference in hiring with their application. Any other documentation (e.g., essays, certificates, awards) that addresses the qualification requirements of the position as listed above. If an applicant is submitting a resume or curriculum vitae, s/he must provide the following information equal to what is found on the UAE.Failure to do so will result in an incomplete application. A. Position TitleB. Position GradeC. Vacancy Announcement Number (if known)D. Dates Available for WorkE. First, Middle, & Last Names as well as any other names usedF. Date and Place of BirthG. Current Address, Day, Evening, and Cell phone numbersH. U.S. Citizenship Status (Yes or No) & status of permanent U.S. Resident (Yes or No; if yes, provide number)I. U.S. Social Security Number and/or Identification NumberJ. Eligibility to work in the country (Yes or No)K. Special Accommodations the Mission needs to provideL. If applying for position that includes driving a U.S. Government vehicle, Drivers License Class / TypeM. Days available to workN. List any relatives or members of your household that work for the U.S. Government (include their Name, Relationship, & Agency, Position, Location)O. U.S. Eligible Family Member and Veterans Hiring PreferenceP. EducationQ. License, Skills, Training, Membership, & RecognitionR. Language SkillsS. Work ExperienceT. References SUBMIT APPLICATION TOAmerican EmbassyHuman Resources OfficeP.O. Box 9123Dar es SalaamPOINT OF CONTACTTelephone: 2668001, Ext: 4137/4148/4233/4024Fax: 2668321 or 2668238 CLOSING DATE FOR THIS POSITION: OCTOBER 11, 2010The US Mission in Tanzania provides equal opportunity and fair and equitable treatment in employment to all people without regard to race, color religion, sex, national origin, age, disability, political affiliation, marital status, or sexual orientation. The Department of State also strives to achieve equal employment opportunity in all personnel operations through continuing diversity enhancement programs.The EEO complaint procedure is not available to individuals who believe they have been denied equal opportunity based upon marital status or political affiliation. Individuals with such complaints should avail themselves of the appropriate grievance procedures, remedies for prohibited personnel practices, and/or courts for relief.Only shortlisted candidates will be contacted Application Form Click here to download application form[DS 174](Required Application Form to be completed for all vacancies)Adobe Acrobat - 173kb -
Is Justice O’Connor Really Still a Judge?
[Right-Wing, Politics] (Bench Memos)Since the time of her resignation from the Supreme Court, retired justice Sandra Day O’Connor has decided cases as a member of various panels of the regional courts of appeals, supposedly pursuant to the authority of 28 U.S.C. § 294. In this post, I will tentatively sketch an argument that Justice O’Connor’s participation in those cases has been unconstitutional. (The post continues below the fold; click either the title or “Full Story” to read the entire pos ...
Since the time of her resignation from the Supreme Court, retired justice Sandra Day O’Connor has decided cases as a member of various panels of the regional courts of appeals, supposedly pursuant to the authority of 28 U.S.C. § 294. In this post, I will tentatively sketch an argument that Justice O’Connor’s participation in those cases has been unconstitutional. (The post continues below the fold; click either the title or “Full Story” to read the entire post.)
I emphasize that my argument is tentative. That’s in part because there may be facts unknown to me that would alter my conclusion. It’s also because I just ran across the factual predicate of the argument yesterday evening, and I haven’t had time to explore carefully all the issues that may be involved. Indeed, given more pressing claims on my time, I don’t expect to take the time to explore these issues more fully. I am instead tossing them out for consideration by those who may be expert on some or all of the issues. I invite anyone who has informed views, one way or the other, to pass those views along to me at ewhelan@eppc.org. I will supplement this post as appropriate. And, of course, if I come to determine that my tentative conclusion is incorrect, I will promptly say so.
Here’s the short version of the argument (which, for sake of brevity, omits many of the qualifications and reservations in the longer form):
When Justice O’Connor informed President Bush of her decision to retire from the Supreme Court, she didn’t merely state that she would be retiring from regular active service as a justice. Rather, she stated that she would “retire from my position as an Associate Justice.” Of the two choices that federal law affords a retiring judge or justice, her retirement would therefore appear to have been a full “retire[ment] from the office” (under 28 U.S.C. § 371(a)). In short, O’Connor resigned and became a former justice; she did not just take “senior status.” Therefore, she was no longer a federal judge at all and has not been constitutionally eligible to serve as a judge pursuant to the designation-and-assignment authority of 28 U.S.C. § 294.
Here’s the longer argument:
1. Federal law (28 U.S.C. § 371) gives pension-eligible judges (including justices) two options for judicial retirement. One option (subpart (a) of § 371) involves leaving the federal bench entirely: a judge taking this option “retire[s] from the office.” For the sake of clarity, I’ll refer to this option (as the academic literature sometimes does) as “resignation.” Under the second option of “senior status” (subpart (b)), the retiring judge “retain[s] the office but retire[s] from regular active service.”
There are advantages and disadvantages to each option. For example, a judge who has resigned may freely pursue employment in the private sector and is no longer subject to the ethical restrictions that apply to all federal judges (including judges in senior status). But the pension of a resigned judge won’t benefit from any increases in the federal judicial salary. And a resigned judge can no longer perform the duties of a federal judge (unless, of course, he is re-appointed as a judge).
By contrast, a judge who has taken senior status (and who meets minimum workload requirements) benefits from salary increases and is able to continue to perform judicial duties. That judge remains subject to the Code of Conduct for United States Judges and to statutory restrictions on outside income. (If I’ve overlooked any significant advantages or disadvantages to either option, please let me know.)
2. When Justice Stevens sent his retirement letter to President Obama in April 2010, he clearly selected the “senior status” option: “I shall retire from regular active service as an Associate Justice, under the provisions of 28 U.S.C. § 371(b), effective the next day after the Court rises for the summer recess this year.”
Ditto for Justice Souter’s May 2009 letter to Obama stating his intention to retire: “When the Supreme Court rises for the summer recess this year, I intend to retire from regular active service as a Justice, under the provisions of 28 U.S.C. § 371(b)…. I mean to continue to render substantial judicial service as an Associate Justice.” The phrase that I’ve italicized emphasizes Souter’s understanding that he would retain the office of Associate Justice while in senior status.
By contrast, here’s how Justice O’Connor’s July 2005 letter to President Bush reads (emphasis added):
This is to inform you of my decision to retire from my position as an Associate Justice of the Supreme Court of the United States effective upon the nomination and confirmation of my successor.
O’Connor’s statement, I acknowledge, isn’t as detailed as Stevens’s or Souter’s, but it would seem to me to be best read as taking the resignation option under subpart (a). In particular, her phrase “retire from my position as an Associate Justice” seems equivalent in meaning to subpart (a)’s phrase “retire from the office.” Thus, on this evidence, there would seem ample reason to think that the Administrative Office of the U.S. Courts is in error when it states that O’Connor “assumed senior status” in January 2006. (I’d guess that the Chief Justice has relied on the Administrative Office’s classification in assigning duties to O’Connor.)
What would alter this tentative judgment of mine? I offer a few possibilities:
First, it might well be that O’Connor’s phrasing turns out to be an accepted or conventional means of exercising the “senior status” option. (That seems unlikely to me.)
Second, it’s possible that O’Connor undertook to clarify or alter the terms of her retirement before her retirement became effective—that is, before Justice Alito was confirmed. If so, it would be interesting to see what form such a measure took—and there are lots of interesting questions about what forms would be valid. (I’m disinclined to believe that any post-retirement evidence would be relevant to the question, but am open to being persuaded otherwise.)
Third, it’s possible that some principle of interpretation would call for any doubts to be resolved in favor of the “senior status” option, perhaps on the ground that a retired judge can easily change from “senior status” to resigned, but can’t do the reverse. (Even if such a principle exists, however, it would first need to be established that O’Connor’s letter is ambiguous.) Or perhaps evidence of O’Connor’s contemporaneous subjective intention would clarify any ambiguity. (I don’t think that a judge’s subjective intention could override the contrary objective meaning of a retirement letter.)
3. If O’Connor did in fact resign, would she nonetheless be eligible to be designated and assigned to perform judicial duties pursuant to 28 U.S.C. § 294?
Whereas the statutory provision (subpart (b) of section 294) governing designation and assignment of retired lower-court judges is expressly limited to judges who have “retired from regular active service” under section 371(b) (or under a separate disability provision), the provision governing designation of retired justices doesn’t contain that limit. On its face, therefore, it could be read to authorize the Chief Justice to assign judicial duties to former justices who have resigned.
Such an authorization strikes me, at least at first blush, as unconstitutional. Article III judicial power may be exercised only by sitting Article III judges. Once a federal judge has resigned, that judge is no more authorized to exercise judicial power than are any of the 300 million other Americans who aren’t federal judges.
It may well be the case that Congress could confer on the Chief Justice the power to appoint some or all lower-court federal judges. See Art. II, section 2, cl. 2 (whereas the president “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the Supreme Court, … the Congress may be Law vest the Appointment of such inferior Officers, as they think proper, … in the Courts of Law”). But section 294(a) cannot plausibly be read as conferring an appointment authority; it merely authorizes retired justices to be “designated and assigned” by the Chief Justice. Further, under Article III any appointment authority would have to confer on the appointed judge life tenure in office (or, more precisely, tenure “during good Behaviour”)—something that section 294(a)’s designation-and-assignment of judicial duties does not remotely purport to confer.
4. This question isn’t academic. Losing litigants in the cases in which Justice O’Connor has sat post-retirement could seek to invalidate the adverse ruling. That would likely be the case even if the ruling was unanimous. See Nguyen v. United States (2003) (Supreme Court decision vacating unanimous ruling of three-member panel that included one non-Article III judge).
Again, I offer this argument only as a tentative sketch, and I welcome any corrections, disagreements, or additional information.
Ed Whelan -
HIV Project Director
[Jobs, Jobs (not Steve)] (craigslist | all jobs in los angeles)Lambda Legal seeks an experienced attorney to direct its HIV Project. This is a national position that can be based in Lambda Legals offices in Atlanta, Dallas, Los Angeles or New York. Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender (LGBT) people and those with HIV through impact litigation, education, and public policy work. Founded in 1973 and headquartered in New York City, Lambda Legal ...
Lambda Legal seeks an experienced attorney to direct its HIV Project. This is a national position that can be based in Lambda Legals offices in Atlanta, Dallas, Los Angeles or New York.
Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender (LGBT) people and those with HIV through impact litigation, education, and public policy work. Founded in 1973 and headquartered in New York City, Lambda Legal has regional offices in Atlanta, Chicago, Dallas and Los Angeles.
Lambda Legals law reform, policy, and education work encompasses a wide range of areas critically important to LGBT people and those living with HIV, such as federal and state constitutional law issues; relationship protections, including the freedom to marry; child custody, visitation, assisted reproduction, adoption, and foster care; sexual orientation, gender identity, and HIV discrimination in areas including employment, schools, out-of-home care systems for youth, health care, the criminal justice system, and other areas; asylum and immigration policy; harassment and violence; and anti-LGBT ballot initiatives. Lambda Legal has been involved in numerous landmark United States and state Supreme Court cases, including Lawrence v. Texas, Romer v. Evans, Boy Scouts of America v. Dale, University of Alabama v. Garrett, In re Marriage Cases, Varnum v. Brien, Benitez v. North Coast Womens Care Medical Group, and Brandon v. County of Richardson. For more information about Lambda Legal, visit www.lambdalegal.org.
Lambda Legals HIV Project filed the first HIV-related discrimination lawsuit in this country and since then has helped maintain and expand protections across the country for people living with HIV. The HIV Project has played a key role in interpreting and enforcing the Americans With Disabilities Act and continues to achieve significant victories on behalf of people experiencing HIV discrimination in many areas of their lives, especially in employment and public accommodations. Recent litigation includes its successful challenge to the U.S. Department of States ban on hiring any Foreign Service Officer applicants with HIV. The HIV Project achieves law and policy reform through impact litigation, extensive policy advocacy with federal and state government officials, and public education initiatives.
Responsibilities: The HIV Project Director provides leadership and vision, within Lambda Legal and publicly, on the direction of its HIV-related legal and policy work. The Director supervises the Lambda Legal staff attorney who works full time on HIV-related projects and coordinates the work done nationally by Lambda Legals team of lawyers who also work on HIV issues. The Director oversees the development and implementation of high-impact litigation and advocacy strategies that can significantly improve the legal and societal response to HIV. The Director has her or his own docket of cases and advocacy projects (some of which are handled in partnership with another Lambda Legal staff attorney), in addition to serving as a resource for other Lambda Legal attorneys, private practitioners, and other advocates.
Litigation responsibilities include devising litigation strategies to produce the greatest positive impact most efficiently, conducting litigation in trial and appellate courts, writing amicus briefs, organizing amicus strategies, supervising Lambda Legal cooperating attorneys, assisting with the screening of requests for legal assistance, and investigating and developing potential new matters. In addition, the Director consults with private lawyers handling matters related to Lambda Legals areas of expertise, advocates with government agencies and officials, advises policy makers, and collaborates with other HIV advocates. The Director engages in public speaking, writes for a variety of audiences, and helps implement education strategies to advance public knowledge and change dialogue about HIV. The education work involves frequent interviews with print, radio, television, and web reporters. Some travel is required.
Qualifications: Applicants for the HIV Project Director position should have a minimum of five years of experience as a practicing attorney, including substantial experience with HIV-related law. Supervisory experience preferred.
Applicants should possess a high level of independence and initiative, excellent speaking and writing abilities, the ability to produce the highest caliber legal and policy work, creativity, good judgment and a willingness to work with others toward the most effective strategies and initiatives to advance civil rights. In addition, the successful candidate will have the ability to talk and write about legal, scientific, and other complex issues in clear, persuasive terms for non-lawyer audiences.
Working at Lambda Legal requires a demonstrated awareness of and commitment to the concerns of the communities Lambda Legal represents, and a commitment to diversity within Lambda Legal and in the work that we do. Prior work on behalf of the LGBT community and/or people living with HIV is highly desirable. Spanish language fluency is a definite plus.
Application: The position is open until filled. Interviews may start as early as October 15, 2010. Send resume, brief writing sample (preferably including discussion of a constitutional, discrimination, federal courts or other complex issue), and a letter or email explaining your interest in the position, how you learned of the job opening and to which office you are applying to:
Katy Tokieda
Legal Administrative Manger
Lambda Legal Defense and Education Fund
120 Wall Street, Suite 1500
New York, NY 10005-3904
Include the words HIV Project Director Position on the first line of the address of the envelope or the subject line of the email transmitting your application materials.
NO CALLS PLEASE. Due to the high volume of applications, Lambda Legal cannot return phone calls about the position and does not notify applicants of status except when an interview is granted.
Lambda Legal is an equal opportunity employer. People of color, women, people of all gender identities and gender expressions, and people with disabilities, including HIV, are encouraged to apply. -
Senior Trial Attorney
[Jobs, Jobs (not Steve)] (craigslist | all jobs in washington, DC)Position Title: Senior Trial Attorney Grade: GS-905-14/15 Salary Range: 105,211 155,500 USD per year Job Description: The Office of the Assistant General Counsel for Litigation provides advice and legal counsel for litigation in which the Department of Transportation is a party or has an interest. The Office oversees all Supreme Court cases and significant appellate cases involving the Department, supervises the preparation of all filings before independent regulatory a ...
Position Title: Senior Trial Attorney
Grade: GS-905-14/15
Salary Range: 105,211 155,500 USD per year
Job Description: The Office of the Assistant General Counsel for Litigation provides advice and legal counsel for litigation in which the Department of Transportation is a party or has an interest. The Office oversees all Supreme Court cases and significant appellate cases involving the Department, supervises the preparation of all filings before independent regulatory agencies in proceedings in which the Department has an interest, and provides legal advice concerning litigation risk, and pre- and post-litigation policy decisions. The Office works with the Offices of the Chief Counsels of the various DOT operating administrations, which handle cases involving modal administration issues.
As a Senior Trial Attorney in the Office of the Assistant General Counsel for Litigation, you will manage your own case load and be subject to a level of supervision appropriate for your grade and experience. At the GS-15 grade level and with more years of experience, you should expect to interact more independently with senior DOT and Department of Justice officials. The offices cases consist of litigation in the Federal courts presenting particularly intricate or important issues. Duties include the preparation of briefs and motions to be filed in Federal district courts and circuit courts of appeals defending the Departments policies, decisions and rules when challenged, the preparation of formal views letters to the Department of Justice, including to the Office of the Solicitor General, addressing arguments that should be utilized in defending such challenges, the presentation of oral argument before Federal courts where the Department of Transportation has primary litigation authority for such matters, and the coordination of discovery in matters before the district courts. Duties also include advising departmental and modal decision-makers on litigation-related issues affecting policy decisions, including litigation risk, post-litigation decisions, and general policy matters. Additionally, you will prepare and coordinate filings by the Department of Transportation before independent regulatory agencies in proceedings in which the Department has an interest and appear before those agencies to present the Departments views.
Selection Criteria: Candidates must be citizens of the United States and must possess a law degree (J.D. or LLB) from a law school accredited by the American Bar Association (ABA) and must currently be a member in good standing of the bar of a State, a Territory of the United States, or the District of Columbia.
The position requires excellent analytic, writing, and editing skills as well as excellent oral presentation and advocacy skills. Applicants should possess at least four years of experience litigating cases in the Federal judicial system and must demonstrate a history of increasing litigation expertise and responsibility for the handling of caseloads. A background in transportation law, administrative law, and/or administrative agency practice is highly desirable but not mandatory.
Area of Consideration: All sources
How to Apply: Your application must include a resume and/or a form SF-171/OF-612, performance appraisals for the previous three years, if available, and a writing sample that reflects your advocacy skills and your ability to analyze complex legal issues.
You may apply for this position by sending the required application materials by e-mail to litigation.law@dot.gov or by regular mail to:
Office of the Assistant General Counsel for Litigation
Attention: Keva Perry, Administrative Assistant
W94-230
1200 New Jersey Avenue, S.E.
Washington, D.C. 20590
Closing Date: October 1, 2010
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HIV Project Director (Financial District)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in new york city)HIV Project Director Lambda Legal's offices: Atlanta, Dallas, Los Angeles, New York Lambda Legal seeks an experienced attorney to direct its HIV Project. This is a national position that can be based in Lambda Legals offices in Atlanta, Dallas, Los Angeles or New York. Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender (LGBT) people and those with HIV through impact litigation, edu ...
HIV Project Director
Lambda Legal's offices: Atlanta, Dallas, Los Angeles, New York
Lambda Legal seeks an experienced attorney to direct its HIV Project. This is a national position that can be based in Lambda Legals offices in Atlanta, Dallas, Los Angeles or New York.
Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender (LGBT) people and those with HIV through impact litigation, education, and public policy work. Founded in 1973 and headquartered in New York City, Lambda Legal has regional offices in Atlanta, Chicago, Dallas and Los Angeles.
Lambda Legals law reform, policy, and education work encompasses a wide range of areas critically important to LGBT people and those living with HIV, such as federal and state constitutional law issues; relationship protections, including the freedom to marry; child custody, visitation, assisted reproduction, adoption, and foster care; sexual orientation, gender identity, and HIV discrimination in areas including employment, schools, out-of-home care systems for youth, health care, the criminal justice system, and other areas; asylum and immigration policy; harassment and violence; and anti-LGBT ballot initiatives. Lambda Legal has been involved in numerous landmark United States and state Supreme Court cases, including Lawrence v. Texas, Romer v. Evans, Boy Scouts of America v. Dale, University of Alabama v. Garrett, In re Marriage Cases, Varnum v. Brien, Benitez v. North Coast Womens Care Medical Group, and Brandon v. County of Richardson. For more information about Lambda Legal, visit www.lambdalegal.org.
Lambda Legals HIV Project filed the first HIV-related discrimination lawsuit in this country and since then has helped maintain and expand protections across the country for people living with HIV. The HIV Project has played a key role in interpreting and enforcing the Americans With Disabilities Act and continues to achieve significant victories on behalf of people experiencing HIV discrimination in many areas of their lives, especially in employment and public accommodations. Recent litigation includes its successful challenge to the U.S. Department of States ban on hiring any Foreign Service Officer applicants with HIV. The HIV Project achieves law and policy reform through impact litigation, extensive policy advocacy with federal and state government officials, and public education initiatives.
Responsibilities: The HIV Project Director provides leadership and vision, within Lambda Legal and publicly, on the direction of its HIV-related legal and policy work. The Director supervises the Lambda Legal staff attorney who works full time on HIV-related projects and coordinates the work done nationally by Lambda Legals team of lawyers who also work on HIV issues. The Director oversees the development and implementation of high-impact litigation and advocacy strategies that can significantly improve the legal and societal response to HIV. The Director has her or his own docket of cases and advocacy projects (some of which are handled in partnership with another Lambda Legal staff attorney), in addition to serving as a resource for other Lambda Legal attorneys, private practitioners, and other advocates.
Litigation responsibilities include devising litigation strategies to produce the greatest positive impact most efficiently, conducting litigation in trial and appellate courts, writing amicus briefs, organizing amicus strategies, supervising Lambda Legal cooperating attorneys, assisting with the screening of requests for legal assistance, and investigating and developing potential new matters. In addition, the Director consults with private lawyers handling matters related to Lambda Legals areas of expertise, advocates with government agencies and officials, advises policy makers, and collaborates with other HIV advocates. The Director engages in public speaking, writes for a variety of audiences, and helps implement education strategies to advance public knowledge and change dialogue about HIV. The education work involves frequent interviews with print, radio, television, and web reporters. Some travel is required.
Qualifications: Applicants for the HIV Project Director position should have a minimum of five years of experience as a practicing attorney, including substantial experience with HIV-related law. Supervisory experience preferred.
Applicants should possess a high level of independence and initiative, excellent speaking and writing abilities, the ability to produce the highest caliber legal and policy work, creativity, good judgment and a willingness to work with others toward the most effective strategies and initiatives to advance civil rights. In addition, the successful candidate will have the ability to talk and write about legal, scientific, and other complex issues in clear, persuasive terms for non-lawyer audiences.
Working at Lambda Legal requires a demonstrated awareness of and commitment to the concerns of the communities Lambda Legal represents, and a commitment to diversity within Lambda Legal and in the work that we do. Prior work on behalf of the LGBT community and/or people living with HIV is highly desirable. Spanish language fluency is a definite plus.
Salary: Salary is commensurate with experience, within the guidelines of Lambda Legals scale. Excellent employer-paid benefits package including medical, dental, life and long term disability insurance and generous employer contribution to retirement account. Generous vacation.
Application: The position is open until filled. Interviews may start as early as October 15, 2010. Send resume, brief writing sample (preferably including discussion of a constitutional, discrimination, federal courts or other complex issue), and a letter or email explaining your interest in the position, how you learned of the job opening and to which office you are applying to:
Katy Tokieda
Legal Administrative Manger
Lambda Legal Defense and Education Fund
120 Wall Street, Suite 1500
New York, NY 10005-3904
Include the words HIV Project Director Position on the first line of the address of the envelope or the subject line of the email transmitting your application materials.
NO CALLS PLEASE. Due to the high volume of applications, Lambda Legal cannot return phone calls about the position and does not notify applicants of status except when an interview is granted.
Lambda Legal is an equal opportunity employer. People of color, women, people of all gender identities and gender expressions, and people with disabilities, including HIV, are encouraged to apply. -
STAFF ATTORNEY I-III / HABEAS CORPUS COUNSEL I-II (SOMA / south beach)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in SF bay area)JOB REQUISITION: 2010SA LOCATION: SAN FRANCISCO, CALIFORNIA Overview: The Habeas Corpus Resource Center (HCRC), located in San Francisco, has an exciting opportunity for attorneys interested in indigent capital defense litigation. The primary purpose of the HCRC is to provide, through its own staff, direct representation to death row inmates in post-conviction proceedings in state and federal courts and to serve as a resource to private appointed counsel in capital post-convi ...
JOB REQUISITION: 2010SA
LOCATION: SAN FRANCISCO, CALIFORNIA
Overview:
The Habeas Corpus Resource Center (HCRC), located in San Francisco, has an exciting opportunity for attorneys interested in indigent capital defense litigation.
The primary purpose of the HCRC is to provide, through its own staff, direct representation to death row inmates in post-conviction proceedings in state and federal courts and to serve as a resource to private appointed counsel in capital post-conviction proceedings.
STAFF ATTORNEY
Staff attorney is the entry-level classification in the HCRC attorney job series. Under direction, staff attorneys provide representation to indigent death row inmates in habeas corpus proceedings.
HABEAS CORPUS COUNSEL
Habeas corpus counsel is the journey-level classification in the attorney job series. In addition to providing representation to indigent death row inmates in habeas corpus proceedings, habeas corpus counsel provides lead direction to and reviews the work of assigned staff, serves as consultant, and performs specialized legal work.
Travel may be required both within California and out-of-state.
Qualifications:
All attorney and counsel levels require admission to the State Bar of California. (Applicants who are not current California bar members may be considered for employment. If selected, the individual will be required to be admitted to the California bar within 18 months from the date of appointment. The salary level, pending bar admission, will be commensurate with legal qualifications of the selected individual.)
Staff Attorney I: Admission to the State Bar of California.
Staff Attorney II: Equivalent of one year of post-bar legal experience; or one year as a Staff Attorney I with the HCRC.
Staff Attorney III: Equivalent of two years of post-bar legal experience; or one year as a Staff Attorney II with the HCRC.
Habeas Corpus Counsel I: Equivalent of two years of post-bar legal experience in criminal defense; or two years as a Staff Attorney III with the HCRC.
Habeas Corpus Counsel II: Equivalent of four years of post-bar legal experience with three years in criminal defense, including one year in capital defense; or one year as a Habeas Corpus Counsel I with the HCRC.
Habeas Corpus Counsel III: Equivalent of six years of post-bar legal experience with four years in criminal defense, including two years in capital defense; or one year as a Habeas Corpus Counsel II with the HCRC.
DESIRABLE
Strong written advocacy. Fluency in oral and written Spanish; proficient PC skills, preferably in Microsoft Word, Outlook, Excel, and Access. Experience in defense-related work.
How to Apply:
This position requires submission of an official application and response to the supplemental questionnaire. The application and supplemental questionnaire (as well as salary and benefit information) is located at http://www.hcrc.ca.gov/employment.php. Resumes without the required materials will not be considered. The preferred method of application submission is via EMAIL (jobapplications@hcrc.ca.gov).
Please refer to HCRC Staff Attorney I-III/HC Counsel I-II Job Req. 2010SA in all communications, including your application, and list the state and date of bar admission. Previous applicants must reapply for further consideration.
Applicants may apply for multiple levels on one application form. For earliest consideration, please apply by October 1, 2010.
Applications will be accepted after the earliest consideration date for as long as the announcement is posted. This position is opened until filled. If you have applied with HCRC previously, you must reapply for consideration.
Selection Procedure
The HCRC uses a lengthy recruitment process. Every application is reviewed in its entirety. Candidates whose qualifications best meet the needs of HCRC will be contacted to participate in the interview process. All applicants will be notified by mail when the recruitment has been closed. Due to the volume of applications received, we request that applicants refrain from contacting HCRC regarding hiring status and from in-person pick up or delivery of applications. The individuals selected to fill the position will be appointed at a level commensurate with their qualifications.
Please Note: If you are selected for hire, the Administrative Office of the Courts will require verification of employment eligibility or authorization to legally work in the United States.
AN EQUAL OPPORTUNITY EMPLOYER
-
Oryol: when the ‘new nobility’ turned terrorist, Elena Godlevskaya
[Citizen Journalism] (openDemocracy)In Oryol this summer was hot in the direct sense of the word – the thermometer climbed steadily to 48°C over a period of two months – and the metaphorical: the man in the street was finding it difficult to keep up with the flow of information about criminal charges being brought against representatives of the local elite. A former member of the Regional Legislative Assembly was sentenced to 5.5 years in a minimum-security penal colony for the embezzlement on a particularly large scale of fe ...
In Oryol this summer was hot in the direct sense of the word – the thermometer climbed steadily to 48°C over a period of two months – and the metaphorical: the man in the street was finding it difficult to keep up with the flow of information about criminal charges being brought against representatives of the local elite. A former member of the Regional Legislative Assembly was sentenced to 5.5 years in a minimum-security penal colony for the embezzlement on a particularly large scale of federal subsidies; a well-known businessman was sentenced to six years in prison for organizing a criminal group which operated a prostitution racket involving girls, many of them underage, at hotels, bathhouses and saunas in the regional centre; a part of the Rechitsa river in the Dmitrovsky region illegally transferred to a businessman by the local authorities was returned; the first deputy governor of the Oryol Region was sentenced to eight years’ imprisonment for abusing his official position and squandering over 11 million rubles… Cases were opened involving bribes at universities, among the police, on pre-meditated bankruptcy… For some this was a triumph of justice. But for others, it seems, it was a signal to action.
Oryol is located in European Russia, to the south-west of Moscow
On 16 July there was an explosion at about 3.50am at the office of the Prosecutor of the Zheleznodorozhny district not far from the centre of Oryol. A home-made bomb without casing comprising 50gr of TNT equivalent had been placed between the window frame and the external grill of the building. One of the offices in the building was damaged by the fire. Three days later a fire was started at a police station in the same district during the night. The station is on the first floor of a residential building and the fire was quickly put out, thanks to the watchfulness of the residents. Two bottles containing flammable liquid were thrown through the window, but the fire only damaged the window-sill and a chair. The Oryol office of the Federal Security Service [Russian initials FSB, ed] was put on its mettle because leaflets were found at the scene of the crime containing the appeal: “Do as we do, do better than us!” signed by WP/NS, “White Power. National Socialists”.
People were alarmed: they began calling each other and asking for details. They immediately remembered another incident of two weeks before, when an elderly Oryol woman, who was in fact declared mentally unsound, hit the official in charge of the Zavodsky district of Oryol over the head with a spanner wrapped in newspaper – because the municipal services had not been able to stop a pipe in her apartment leaking for over a month. “This is what they’ve driven the people to – things will get even worse!” people said, for the most part gloating. However, neither the explosion or fire caused much alarm at the police or the Prosecutor’s office – they were thought to be the work of teenage hooligans.
Numerous searches were carried out among the ultra-right movement. Firecrackers and waterproof matches were confiscated. Local analysts chuckled, in the belief that this was the work of a small group of two or three young men, who were simply goofing around and not fully aware of what they were doing. They waited with interest to see whether the police would find the hooligans or not. But when the leaflets were found, it became clear that the incidents were politically motivated. Oryol human rights advocate Dmitry Krayukhin was the first to notice this: “The authorities and the local media controlled by them were searching for extremists among independent journalists and people who had openly expressed their disagreement with one or other decision of the regional or city leadership. While they were doing this, real extremists appeared in the city.” And by analogy with the partisans of the Primorye Territory, he called them Oryol partisans. People thought he was crazy. Oryol is a quiet provincial town. Life here is poor but slow-moving. What partisans?!
But at the end of July, a text with the title “The Proclamation of the Oryol Partisans” did actually appear on the internet. It was in the form of a commentary on a news item published by the information and discussion portal Newsland (http://www.newsland.ru/) about President Dmitry Medvedev extending the powers of the FSB. The “Chekists” are now entitled to issue official warnings to citizens about “unacceptable” actions which could create the conditions for crimes. If there were no grounds for the prosecution of these citizens, the interrogation and preliminary investigation of these crimes would come under the jurisdiction of the organs of the FSB.
In response, the author with the nickname Revolveros announced: “We, the command of the united groups of the black earth sector of occupied Russia – NS/WP Centre - appeal to every Russian person who feels the bitterness of oppression. To every Russian with protest in his heart, but without as yet the courage and will to move on to actions directed towards suppressing the machine of tyranny and genocide. We have raised the banner of open uprising in our city, which has never been especially known for corruption, injustice or interethnic tension. Oryol has always been a quiet, comfortable city, which warmed the cockles of one’s heart. This warmth and simplicity awoke a whole range of emotions and the city is in some way inexplicably close and dear. We all grew here and enjoyed a carefree childhood. But now that we have grown up, we see a completely different picture. A picture that numbs the consciousness and shocks us. Our city, just like our country, has found itself on the verge of complete moral disintegration.
“Prostitution and drug addiction, that no one makes any attempt to stop, has become the norm. Alcohol problems get worse and worse every year… Young people are becoming infirm and feeble…
“Friends and citizens, aren’t you tired of living in a city, in a country, where your life is not safe? Aren’t you tired of living when you know that tomorrow your son might be charged with a murder which he did not commit, simply because a fat cop can’t be bothered looking for the real killers?
“We don’t want our people, our city and our country to sink into the mire of degradation and moral decline. And so we have risen to this unequal battle. A battle that may not bring us speedy victory. But we simply cannot do anything else…”
Battle was given on 5 August, the day celebrating Oryol’s liberation from Nazi occupation. A home-made bomb exploded at the café Indira, owned by Dagestani Ali Gasanov. It was filled with nails and contained 200gr of TNT equivalent. Fortunately, it was just as unsuccessful as the explosion and the arson – only five people were injured, and their injuries were not life-threatening. Three Dagestanis, two Russians.
This time, the law-enforcement agencies reacted quickly. On the night of 8 August, Viktor Lukonin, a major of the Federal Protective Service [Russian initials FSO, ed] and lecturer at the physical education department of the FSO Academy, was arrested. According to the investigation, he was the head of the group responsible for the fires and explosions, calling itself the “Oryol Partisans”. A mini-laboratory manufacturing flammable liquids and homemade explosives, several shotguns, bottles with flammable mixtures ready for use, and nationalist literature were found in a garage that Lukonin was renting. From all appearances, the group was planning several more explosions.
Viktor Lukonin was one of four Federal Protective Service officers arrested in connection with the Oryol explosions
Now the “partisans” are being charged with extremism, arson and explosions at administrative buildings in the Oryol Region, and also murder and attempted murder. 11 people have already been arrested. The youngest is 18 and the oldest, Viktor Lukonin, is 31. They are a diverse bunch but, as the investigators say, they have the same ideology, regardless of age and social status. They include a law student, a labourer, an employee of a private security firm, but most importantly, four officers of the FSO. Four so far. According to the Oryol investigators, the list is incomplete, and the search for new suspects may go far beyond the boundaries of the Oryol Region and even the borders of Russia.
The presence of the military elite among the “partisans” caused a real shock. Many people refuse to believe on principle that this could happen, and those who do believe it call it a complete collapse of public administration. The fact is that the FSO (the former 9th Directorate of the KGB of the USSR) are responsible for the personal security of the country’s leadership – from Medvedev and Putin to State Duma deputies. They also provide special communications for public bodies, and security for the country’s information sphere. The Russian president Dmitry Medvedev himself oversees FSO activities. It is obviously not easy to get into the organisation: the selection process – psychological, physical, moral – is extremely strict. Grandchildren of repressed persons or sons of dissidents are unlikely to be accepted. The salaries of FSO officers are beyond the wildest dreams of most Oryol residents. But suddenly they are partisans. Why? What for?
Supporters of the authorities recently put their best foot forward and distributed information that was to their own advantage, so to speak. The “Oryol Partisans” were said to be drug addicts, alcoholics and to come from broken homes. They were apparently recruited for money by a major who had gone “ballistic” after reading too many local opposition newspapers. In effect independent journalists were to blame for the appearance in Oryol of extremists. It was even asserted that “some political forces in the region are ultimately interested in causing at least one major upheaval – a change in the Region government. Isn’t this where the money came from which was used to pay off the ‘lumpen- partisans’?”
However, the investigators overturned the idea that the group’s activities were commercially motivated, and the arrest of four FSO officers completely upset the authorities’ applecart. The law-enforcement agencies are ignoring the obviously political nature of the “call to action” and the actions of the “partisans” too. They are stressing the nationalist angle. The regional government and the city are carrying on as though nothing has happened.
Some strange coincidences cannot be ignored: the explosion at the Prosecutor’s office of Zheleznodorozhny district was on 16 July – the day when the State Duma was supposed to pass, and indeed did pass, amendments to the law “On the Federal Security Service” and the Administrative Offences Code, expanding the powers of the FSB. The fire at the police station happened on 19 July, the day that these amendments were approved by the Federation Council. Again, if one believes the “Oryol Partisans’ Call to Action”, they were not acting alone.
The "Oryol Partisans" attacked several police stations and local businesses
How many of these divisions are there? Where are they based? Who is in charge of them? What was on the agenda of the arrested members of the group who were graduates of the FSO Academy, and had been sent to various military units in the Moscow and Yaroslavl Regions? What was Viktor Lukonin’s problem? He is an FSO officer earning three times above the average for Oryol. Are the “Oryol Partisans” one link in a conspiracy against the omnipotence of the FSB, or provocation by the FSB in the battle for power? The investigation states that all the arrested men “are willingly helping with enquiries”. Why are they doing this if it means a prison sentence, possibly even life? These are questions to which so far there are no answers.
Not long ago there were reports from the Moscow region of the strange death of an FSO colonel: “Investigators in the Voskresensky region of the Moscow Region are trying to solve the riddle and establish the circumstances of death of a high-ranking officer of the Federal Protective Service (FSO)… Life News reported that 52-year-old special services officer Viktor Tolkunov had received several bullet wounds and died in intensive care at the hospital. Tolkunov was only able to tell the police that he ‘accidentally shot himself with a prize pistol.’ However, officers were unable to find bullet cases or the weapon itself in the dead man’s home. Nor were there any bloodstains. The injured man didn’t want to name his killer, as he feared some kind of consequences”
Analysis shows that the incident in itself is insignificant. But if it’s linked to the “Oryol Partisans”, then it no longer seems irrelevant to ask whether this could have been a way of getting rid of someone who knew much more than the arrested lieutenants and major. What was it that the colonel didn’t reveal?
People are afraid to comment openly on the appearance of “partisans” in Oryol. But the internet has many and varied opinions. “… I don’t believe a single word in the press, just as I don’t believe a single high-profile case that is solved by the Russian special services, I don’t believe evidence or searches, and I don’t believe in Russian justice… The irony is also that just two years ago he was almost beaten up by skinheads in Moscow for wearing red shoe-laces and an Arafat scarf, which are known to be part of the dress-code of anti-fascists. And now’s he accused of Nazism. It’s complete nonsense!” writes dzuev: http://dzuev.livejournal.com/
Those who know the members of the group personally and accept the actions of Lukonin’s group as a fact can probably be divided into two camps: one group considers terrorism an unacceptable form of battle, and nationalism a refuge for scoundrels, while the other is ready to accept both of these things – if only they could change the situation in Russia.
Here are some comments on reports about the “Oryol Partisans” heard on Radio Svoboda: www.svobodanews.ru. Balk (Moscow): “We shouldn’t forget history. Some people tried out this game in 1933, and by 1945 tens of millions of people had ended up the creek without a paddle in Dachau and Auschwitz. Plus the ‘moustachioed one’ buried about the same number of his friends and enemies. Is human blood just like water to you? Aren’t you sick of living like cannibals? It’s a shame corporal punishment was abolished. All these ‘defenders’ of the Russian people should be given 50 lashes of the whip on the central square of Oryol, and then the whole gang should go and clean all the toilets in the city. That would put an end to all these Robin Hood partisans!”
Elena (St. Petersburg): “What fascism? Russia has huge problems. There’s widespread unemployment, bribes and people from the Caucasus. The situation’s been blown out of proportion. Someone dared to criticize the authorities, and was immediately called an enemy of the people. Someone’s only just been arrested, but sentence has already been handed down. The same articles can be found on all the blogs, obviously written to order. But think about your children, and the country they will grow up in: if you don't grease the wheels, the cart won't go.”
On the website of the club for graduates the FSO Academy and similar higher education institutions (http://www.myfreedom.ru), officers try to fathom the phenomenon of Lukonin the partisan:
Aleksandr441:“We’re only human))) It’s not surprising) He just tried to take the initiative into his own hands and use his own fist to punish people, so to speak…”
an_: “If we hide our heads in the sand and pretend that nothing is happening, these things still won’t go away, they’ll only increase. They infiltrate their own spies into the Foreign Intelligence Service, at the FSO they blow up the prosecutor’s office and the cops, the FSB has its own problems (members of staff turn to crime), and officials steal like there’s no tomorrow. There’s been a war going on for 20 years in the Caucasus. Evidently, ‘something is rotten in the state of Denmark’.”
Fonarev: “We all swear an oath to the Homeland… The Homeland puts its hopes in us, because it has no one else to rely on. No one else takes the oath – they just shoot their mouths off, so they aren’t under any obligation… The times we live in now mean that everyone has to think all the time, because at every step of the way you have to make a choice. So these guys made their choice, despite the oath. But life goes on, and there are a lot of other people around us who are like this. They may not be up to much, but they’re OUR guys. If you see them, find out what they want, and tell them what to do to stop the country from falling apart…”
It is unlikely that there will be any official answer to the main question that the “Oryol Partisans” put to society: why has the Russian military elite gathered under the banner of a “people’s war” (which any partisan movement is considered to be)? Things were easier with the so-called “Primorye Partisans”: people aggrieved with the police declared war. It’s a clumsy explanation, but at least it’s an explanation. Here it’s not a question of personal affront. Again, they are educated people who were prepared to serve their country on completely different principles. The Oryol Region is almost entirely Russian, so there are no serious ethnic conflicts or confrontations here. The only problems are the ubiquitous poverty, the fact that young people leave for neighbouring regions because there’s no work, that the population is getting older, and that the city of Oryol is perhaps the only city in Russia where the population decreases every year…
Irina M., a young teacher of Russian language and literature, who earns less than the school cleaner, is not a “partisan”, and so far not a member of the opposition either. But she barely conceals her irritation: “I was on holiday in the Moscow Region during that time, so didn’t hear anything about the ‘Oryol Partisans’. But television showed nothing but Putin, Medvedev. Medvedev, Putin. And again Putin, Medvedev. And Shakespeare came to mind: ‘A plague on both your houses!’”
“What did you expect?” said a retired police colonel who asked to remain anonymous. “Half the Region is unemployed, as there is no work anywhere, everyone in the rural areas is drunk all the time, and the factories are closed. The hatred and resentment towards everything and everyone had to break out in some way sooner or later. In a normal democratic society there are certain procedures for letting off steam – free elections, freedom of speech, independent courts. We don’t have any of these things. But we do have a lot of angry people. They don’t even look for the people who are guilty – what is the guilt of a district policeman whose police station they tried to set fire to, when he earns a ridiculous salary of 5,000 rubles and is humiliated by those very authorities himself? What had the victims of the explosion at the Indira café done? Nothing. But hatred finds a way out. Now it is mainly directed at the police, and outsiders. It hasn’t yet found its way to the main culprit of the misfortunes – the authorities, who haven’t passed a single law to make the lives of ordinary people easier or better in the last ten years. But if they don’t change their attitude to their own citizens, this hatred will inevitably come knocking at their door soon. In many cities at once – you’ll see.”
They say that it’s hardest of all to live in a time of changes, which never actually happen. And it is not difficult to agree with former FSO Academy graduate an_: “People are sick of corruption and the blatant excesses of the authorities. So we have the Primorye partisans and the FSO majors, and evidently it’s not just majors and not only in the FSO”.
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Colombian Paramilitaries Extradited to U.S., Where Cases Are Sealed
[Military, Green, News, Politics] (ProPublica: Articles and Investigations)by Oriana Zill de Granados and Jennifer Janisch, Thirteen/WNET, and Chisun Lee, ProPublica Since 2006, more than a dozen of Colombia's most notorious paramilitary leaders have been extradited to the United States to face drug-trafficking charges in federal district court in Washington. The extraditions stunned Colombians, who had hoped that testimony from the men, given as part of a national amnesty program, would help expose the truth about two decades of vicious murders, assaults and ki ...
by Oriana Zill de Granados and Jennifer Janisch, Thirteen/WNET, and Chisun Lee, ProPublica
Since 2006, more than a dozen of Colombia's most notorious paramilitary leaders have been extradited to the United States to face drug-trafficking charges in federal district court in Washington.
The extraditions stunned Colombians, who had hoped that testimony from the men, given as part of a national amnesty program, would help expose the truth about two decades of vicious murders, assaults and kidnappings. In videotaped confessions in Colombia, one had taken responsibility for more than 450 slayings.
But outrage over the extraditions reached a boiling point earlier this year, when U.S. District Judge Reggie Walton blocked public access to seven of the paramilitary leaders' cases, erasing virtually every trace of their existence.
There is no way to know if the men have negotiated lenient sentences -- or if they are even still in custody. An eighth defendant, accused in Colombia of murdering a judge, was released on his own recognizance, records show, after cousins in College Park, Md., vouched for him.
The Colombian cases are drawing new attention to the practice of sealing entire court files, triggering a broader controversy over judicial secrecy.
Though court policies discourage this degree of secrecy, a 2009 internal study showed that federal judges order it in thousands of cases a year, sometimes without justification.
Some judges not only block public access, but also remove file numbers and all other signs of a case from the record. In the D.C. district, there is no uniform procedure for sealing a case, leaving individual judges to decide how much to disclose, Chief Judge Royce Lamberth said.
The cases against the Colombian paramilitaries show the stakes of a transparency debate that might otherwise seem academic.
Julio Henriquez, right, his wife Zulma Chacin and their daughter Bela. (Photo courtesy of Bela Henriquez)
"More than anger, I feel powerless," said Bela Henriquez, whose father, Julio, was kidnapped and killed on the orders of one defendant. "We don't know what they are negotiating, what conditions they are living under. What guarantee of justice do we have?"
The U.S. Supreme Court has ruled that public access to court cases is protected by the First Amendment because it is a crucial check on judicial power.
But some factors – national security material, an ongoing government investigation, vulnerable witnesses or victims -- can justify secrecy.
The cases involving the Colombians were probably sealed to protect the defendants' safety, because they are cooperating with U.S. drug enforcement authorities, several former prosecutors said. "It's very possible," Lamberth said. U.S. prosecutors, defense attorneys and Judge Walton declined to comment.
An agreement involving secrecy would require authorization at the highest levels of the Justice Department. Prosecutors must obtain approval from the deputy attorney general before requesting, or agreeing to, the sealing of a criminal case.
But ultimately, sealing decisions are made by individual judges. Court policies urge judges to shield as little as possible – a document, a witness's name – and for as short a time as possible. Total secrecy is supposed to be ordered only under "extraordinary circumstances," according to legal precedent. Even in those cases, judges are supposed to unseal records eventually.
In 2006, the Associated Press reported a sharp rise in secrecy in criminal cases, prompting concern that Bush-era prosecutors and judges too often operated outside public scrutiny.
The Administrative Office of the United States Courts supplied data for the study, but its spokesman, David Sellers, now says the figures provided were flawed. He said wide variations in record-keeping among individual courts make accurate tallies impossible.
A year after the AP report, the federal judiciary strongly urged courts to mark sealed cases as "under seal" rather than completely omitting them from the record, as happened in the Colombian cases. Yet, the 2009 internal study showed that a dozen courts still weren't complying.
That study, done by the research arm of the federal judiciary, looked at all cases that were fully sealed in 2006, giving perhaps the most complete picture of how — and how often — total secrecy is used.
Two percent of about 1 million cases filed that year were sealed. In many, the secrecy was justified, but researchers found dozens of instances of sealing for no legitimate reason. Approximately one of every 275 criminal cases in 2006 was fully sealed to protect cooperators or ongoing investigations.
Last month, the committee overseeing the study recommended that the judiciary's leadership remind judges not to order complete secrecy unless "there are no other options." The panel stopped short of suggesting that this be made mandatory.
"The number of sealed cases was so small," said Judge Harris Hartz of the U.S. Court of Appeals for the Tenth Circuit, the committee's chairman. "Judges' decisions to seal a case are heavily dependent on the specific facts and circumstances of that case."
The panel recommended that electronic records systems in the courts be programmed to track sealing.
In Colombia, the secret U.S. prosecutions have darkened hopes of achieving redress for thousands of atrocities tied to a network of paramilitary groups known as the Self-Defense Forces of Colombia. The extradition of key leaders to the United States disrupted a historic amnesty program intended to demobilize units and deliver basic information, such as the location of bodies, to victims' relatives.
Roxanna Altholz, the acting director of the International Human Rights law Clinic at the University of California, Berkeley who represents Colombian victims of paramilitary violence, said the U.S. has broken a promise made on the day of the extraditions by Ambassador William Brownfield.
"The victims, their representatives and the prosecutors of Colombia will continue to have access in the U.S. to the legal system, to the extradited individuals, and to their assets," Brownfield said on May 13, 2008, in Colombia.
"So far," says Altholz, "none of those promises have been kept."
Human rights lawyers have been unable to track the status of at least 25 other Colombian paramilitary members being prosecuted in various U.S. courts because substantial portions of their cases have been sealed.
Lamberth acknowledged that victims may feel deprived of justice when cases are sealed.
"I honestly don't know how we balance letting victims have a say," he said. "If there is a way to do it without endangering" the lives of those who are cooperating, "we are open to that."
Given their brutal résumés, the whereabouts of the defendants are cause for concern, prosecutors said.
"If one of them could be living in Bethesda, for example, down the street from the Jones family with a dog and 2.5 kids, then the public has a strong interest in knowing that information," said David Weinstein, who prosecuted drug cases as an assistant U.S. attorney in Southern Florida from 1998 to 2009.
One paramilitary leader, Hughes Manuel Rodriguez Fuentes, was released on bond in 2008. Reporters visited an address in College Park where one of Rodriguez Fuentes' cousins lives, according to court records.
"I don't know where he is," said the relative. "And good luck finding him."
This article was reported as part of an upcoming Thirteen/WNET documentary series called "Women, War & Peace," in conjunction with ProPublica.
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FOR IMMEDIATE RELEASE
International Tennis Hall of Fame Announces New Directors
Eleven worldwide business and community leaders are appointed to the Board of DirectorsNEWPORT, R.I., September 10, 2010 - The International Tennis Hall of Fame & Museum has announced the election of eleven new members to the Board of Directors. The new directors were all elected today at the Hall of Fame's Annual Meeting in New York City. The new directors are John P. Arnhold of New York; Mark D. Ein of Washington, D.C.; Renée A.R. Evangelista of Lincoln, R.I.; James (Jim) L. Farley of Cincinnati, Ohio; Philip H. Geier, Jr. of New York; Madam Sun Jinfang of China; Katherine Burton Jones of Newton, Mass.; Geoff Pollard AM of Melbourne, Victoria, Australia; Will Prest of Minneapolis, Minn.; Michelle Sicard of New York;and Ken Solomon of New York. Additionally, George Gowen, who served as General Counsel for the Hall of Fame for the past 30 years, has been recognized as a Hall of Fame Life Trustee. Gowen is a partner at the firm of Dunnington, Bartholow & Miller in New York.
"I am pleased and honored to warmly welcome our class of highly experienced, talented and committed new Hall of Fame and Museum Directors," said Christopher E. Clouser, chairman of the International Tennis Hall of Fame & Museum. "Each of these individuals brings a variety of talent, resources and expertise to the organization and their active participation will be very helpful in our efforts to preserve the history of tennis and provide a premier landmark for tennis fans, while honoring the game's greatest legends and contributors. We are also pleased to announce that George Gowen has been awarded the designation of Hall of Fame Life Trustee. George has served the Hall of Fame as General Counsel with distinction for the past 30 years, along with his firm of Dunnington, Bartholow & Miller."
John P. Arnhold is chairman and chief executive officer of First Eagle Investment Management, LLC (FEIM), as well as co-president and co-chief executive officer of Arnhold and S. Bleichroeder Holdings, Inc. In addition, he serves as the president of and a trustee of the First Eagle Funds. Arnhold joined FEIM in 1983 following positions with Chase and Lehman Brothers. In addition to his directorships at FEIM and its affiliates, he is a director of Arnhold Ceramics and the Quantum Endowment Fund, as well as on the International Advisory Board of Hanseatic Asset Management. Additionally, he is a director of the Arnhold Foundation, which focuses on education, conservation and the arts; and the Mulago Foundation, which advances global health initiatives. Arnhold is a member of the board of trustees and the investment committees of Trinity Episcopal Schools Corporation, where he was a past president, as well as Vassar College. He also serves on the board of directors of Jazz at Lincoln Center. Arnhold is a graduate of University of California, Santa Barbara.
Mark D. Ein is the founder and chief executive officer of Venturehouse Group, LLC, a technology holding company that creates, invests in and builds technology and telecommunications companies. He is also the founder and chief executive officer of Capitol Acquisition Corporation (AMEX: CLA.U), a special purpose acquisition vehicle formed for the purpose of making an acquisition of a growth company. Through Leland Investments Inc, his personal investment holding company, Ein is the co-chairman and principal shareholder of Kastle Systems, LLC, one of the country's leading providers of building and office security systems. He is also the founder and owner of the Washington Kastles, the first World Team Tennis franchise in Washington D.C. Ein is a native of the Washington area, where he actively supports many community, charitable and cultural organizations. He serves on the Board of Directors of The Foundation for the National Institutes of Health (NIH), The Economic Club of Washington D.C., The District of Columbia College Access Program (DC-CAP), The Tennis Center at College Park and The Potomac Officers Club. He also serves on the Steering Committee for the Business Executives for National Security (BENS) DC, the Advisory Board of the Hoop Dreams Scholarship Fund, the Donor Advisory Group for the FasterCures Philanthropy Advisory Service, and the Selection Committee for the George J. Mitchell Scholarship program. Ein is an executive producer of Kicking It, a documentary film about the Homeless World Cup of Soccer, that was shown at the 2008 Sundance Film Festival and has formed distribution deals with both ESPN and Netflix. Ein is a graduate of The Wharton School of the University of Pennsylvania and he earned his M.B.A. from The Harvard Business School.
Renée A.R. Evangelista is the co-managing partner of Edwards Angell Palmer & Dodge Rhode Island Offices, where she is focused on sophisticated estate planning for an array of clients including professional athletes, venture capitalists, retirees, family business owners, CEOs, trust companies and banks. Evangelista is an appointed member, by the Rhode Island Supreme Court, to the Rhode Island Mandatory Continuing Legal Education Commission (MCLE), and she has served on the Rhode Island Board of Bar Examiners. Besides Edwards Angell Palmer & Dodge, Evangelista is an appointed member to the Board of Trustees for The Wheeler School in Providence, R.I., and she serves on the Executive Committee of the Institute for International Sport. She served as chair of the Ethics Subcommittee and as a member of the Financial Subcommittee for the Women's Sports Foundation in New York, a foundation established by Billie Jean King. Evangelista has served on the Development Committee for the International Tennis Hall of Fame for several years.
James (Jim) L. Farley is the president, managing partner and co-founder of Nursing Care Management, Inc., a privately held long-term care company with ownership and management of nursing facilities, home health care and hospice services and other related companies. Prior to this position, he was a successful hospital administrator/executive for approximately 15 years. Farley served on the Board of the American College of Nursing Home Administrators where he was the national president/chairman in the early 1990's. Farley is active within his community, having served as a bank board of director, president of the Chamber of Commerce, chairman of the Ohio Health Care Administrators Licensure Board and president of the State Hospital Association. Farley is an avid tennis player and he has served as president of the Greater Cincinnati Tennis Association, founder and chairman of the Cincinnati Tennis Hall of Fame and chairman of USTA/Midwest Committees. Farley and his wife and two daughters have been active and successful in tennis, and were named the National Tennis Family of the Year in 1990 by the United States Tennis Association. The Farley family owns and manages the Western Tennis and Fitness Club in Cincinnati, Ohio.
Philip H. Geier, Jr., served as chairman and chief executive officer of the Interpublic Group of Companies, Inc. from 1980 through 2000. In February 2001, Geier formed The Geier Group to provide consulting/advisory services in the marketing, communications, and venture capital areas. Additionally, Geier is a senior advisor for Lazard Frères & Co., LLC and serves on the Board of Directors of AEA Investors Inc., AgKnowlege Holdings Company, Inc., and Cross MediaWorks. He has retired from the Boards of Fiduciary Trust International, Alcon Labs Inc., Mettler-Toledo International Inc., and Foot Locker Inc. Geier's philanthropic director/trustee relationships include Memorial Sloan-Kettering Cancer Center, Save the Children, Autism Speaks, Columbia Business School, and the Whitney Museum of American Art. Mr. Geier holds a B.A. in Economics from Colgate University (1957) and an M.B.A. in Marketing and Finance from Columbia University (1958).
Madam Sun Jinfang is currently the administrative vice president of the Chinese Tennis Association. She has served in this position since 2004. Madam Sun is also an executive board member of the Chinese Olympic Committee, as well as the director of Tennis Administrative Centre of General Administration of Sport of China. From 2001 - 2004, Madam Sun served as the director of the National Sports Lottery. Prior to that she held the position of deputy director of the Sports Administration Department in Jiangsu Province since 1983. Madam Sun was elected as a top 10 sports person in China in both 1981 and 1982. From 1971-1982, she was a renown volleyball competitor, and she was a member of the Chinese championship Volleyball World Cup team in 1981, as well as the winning team at the Women's Volleyball Championships in 1982.
Katherine Burton Jones is the director of development at the Museum of African American History - Boston and Nantucket. She was the assistant dean for information technology and media services at the Harvard Divinity School from 2000 to 2009. With Paul Marty (FSU faculty), she is an editor of and contributor to the book Museum Informatics (2007). She is the editor of The Wired Museum: Emerging Technology and Changing Paradigms (1997), a book available from the American Association of Museums. Jones has written many articles on the use of emerging technologies for museum. Her current research interests focus on the use of technologies in support of the mission of non-profit organizations and on social marketing. Jones is a former president of the Board of Directors of the Museum Computer Network and a former member of the New England Museum Association Board of Directors. She holds a graduate degree in Anthropology from Florida State University.
Geoff Pollard AM is retiring in October 2010 after serving Tennis Australia with distinction as its president for 21 years from 1989 - 2010. Pollard was made a Member of the Order of Australia in 1988. As president and chairman of Tennis Australia, Pollard has led the Association through on and off court achievement and a significant corporate governance change to convert Tennis Australia from an amateur association to a modern and successful professional corporate body. During Pollard's tenure, Tennis Australia has become profitable and has substantially increased national player development initiatives, among many other successes. As chairman of the Australian Open, Pollard has overseen the development of the tournament from an Australian Championships, whose Grand Slam status was in jeopardy, to one which is now at least equal, and in some cases the leader, with the other Grand Slams. In particular he has taken the Australian Open from being primarily a domestic event to becoming Australia's largest annual international sporting event worth between $150 and $250 million annually to the Victorian economy. Pollard has been elected by his international peers as vice president of the International Tennis Federation, president of the Oceania Tennis Federation, chairman of the ITF Rules of Tennis Committee and Chairman of the ITF Technical Commission, and member of many other worldwide committees such as WTA Tour Board, Grand Slam Committee and Davis Cup Committee.
Will Prest is chief marketing officer and head of business development for Transamerica Retirement Management, Inc. (TRM), where he has steered the development of branding, marketing, and the online businesses from the ground up since its 2006 launch. Since then, Prest has taken on responsibility for growing outside distribution directly with employers and through various intermediaries such as group benefit brokers, affinity groups, and health care companies. Prior to joining TRM, Prest served as vice president of field development and national sales support for H&R Block Financial Advisors, where he developed the strategic direction for delivering the company's financial advice through a sales force of 1,000 advisors across a national network of 140 branches. Prest also served as vice president of financial planning for MetLife Financial Services where he built and implemented a fee-based financial planning platform across a field force of 6,200. Prest also spent more than eight years in various regional, sales management and marketing roles for American Express Financial Advisors, including region director for the Eastern U.S. Prest holds an M.B.A. from Boston University, Graduate School of Management, and a B.A. in Psychology from Pitzer College in Claremont, California.
Michele Sicard is a managing director and head of corporate communications for North America for BNP Paribas. In this role Sicard is in charge of devising and implementing BNP Paribas communication strategy in North and South America, including coordination with Bank of the West, BNP Paribas retail banking division in the United States and BNP Paribas' offices in Latin America, and ensuring both are aligned with the Group's global strategy. Areas under her leadership include media relations, advertising, sponsorships, charities, internal communications and client events. Sicard has been with the BNP Paribas for more than 10 years and has held this position since 2006. Prior to BNP Paribas, Sicard was head of press and public relations for GAN - CIC Group, an insurance and finance group. She has also worked as an Account Manager for Agence Véronique Foucault Conseil, a public relations firm in Paris.
Ken Solomon is chairman and chief executive officer of Tennis Channel. In this position, he leads the continued growth of cable television's ultimate destination for everything tennis, utilizing more than 20 years of cable, new media, TV production, distribution and advertising experience. Solomon has held top posts at Universal Television, DreamWorks, News Corp. and Scripps, and prior to Tennis Channel, he founded and led Fine Living Network, where he developed the network from concept to launch in just over a year. Earlier in his career, as president of Universal Studios Television (also Studios USA Television), Solomon oversaw program and asset development and distribution activities on a worldwide basis for primetime network, cable, syndication, and made-for-television movies. During his tenure Universal captured the Emmy award for best drama with "Law & Order" and pioneered the licensing of an original series across multiple network platforms with "Law & Order: Special Victims Unit" to NBC and USA Network. Earlier in his career, he served as executive vice president of network distribution at Fox Broadcasting, leading the network through its transitional ascending period where he was responsible for all network affiliate relations, as well as leading the network's successful transition of dozens of CBS, ABC and NBC affiliates to Fox, and launching the NFL and NHL franchises. Solomon has served on the board and the executive committee of leading trade association NATPE International. Among his numerous accolades, Solomon has been honored as "Humanitarian of the Year" by H.E.L.P. Group, one of the largest and most influential children's charities in the western United States.
George Gowen has served the International Tennis Hall of Fame & Museum as General Counsel for 30 years. Gowen is a partner at Dunnington, Bartholow & Miller in New York, where he is a member of DBM's estate, trust and private clients, corporate, art law and not-for-profit religious and charitable institutions practice groups. Gowen is a member of the New York Bar Association, Sports Lawyers Association and International Court of Arbitration for Sport, Lausanne, Switzerland. Additionally, he served in the U.S. Army and he has served on United Nations Commissions. Gowen is an adjunct professor at New York University Graduate School of Business Administration. He is an alumnus of Princeton University, and he earned his J.D. at the University of Virginia.
Located in Newport, Rhode Island, the International Tennis Hall of Fame & Museum offers an extensive museum that chronicles the history of the sport and honors the game's greatest legends, historic grass tennis courts that date back to 1880 and are open to the public, an ATP World Tour tournament and the annual Hall of Fame Induction Ceremony in July, and numerous public events year-round. To learn more, visit tennisfame.com.
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About the International Tennis Hall of Fame & Museum
Established in 1954, the International Tennis Hall of Fame & Museum is a non-profit institution dedicated to preserving the history of tennis, inspiring and encouraging junior tennis development, enshrining tennis heroes and heroines, and providing a landmark for tennis enthusiasts worldwide. The International Tennis Hall of Fame & Museum was recognized as the sport's official Hall of Fame in 1986 by the International Tennis Federation, the governing body of tennis. The International Tennis Hall of Fame & Museum is supported by Official Partners, such as BNP Paribas. For information on the International Tennis Hall of Fame & Museum and its programs, call 401-849-3990 or visit us online at www.tennisfame.com. -
Unanimous decision: Mark E. Recktenwald is Hawaii’s next Chief Justice
[Hawaii] (The Hawaii Independent)HONOLULU—The Hawaii State Senate has unanimously confirmed Mark E. Recktenwald as the next Chief Justice of the Hawaii State Supreme Court. Recktenwald, 54, succeeds Chief Justice Ronald Moon to become Hawaii’s fifth Chief Justice. He will serve an initial 10-year term as the head of the State’s highest court, while overseeing the Hawaii Judiciary. “The people of Hawai‘i can feel confident, as I am, that they will have a Chief Justice who will guide our courts with fairness and integ ...
HONOLULU—The Hawaii State Senate has unanimously confirmed Mark E. Recktenwald as the next Chief Justice of the Hawaii State Supreme Court. Recktenwald, 54, succeeds Chief Justice Ronald Moon to become Hawaii’s fifth Chief Justice. He will serve an initial 10-year term as the head of the State’s highest court, while overseeing the Hawaii Judiciary. “The people of Hawai‘i can feel confident, as I am, that they will have a Chief Justice who will guide our courts with fairness and integrity in upholding the rule of law and our constitution,” Gov. Linda Lingle said. “Over the past year as a Supreme Court Associate Justice and two years prior as Chief Judge of the Intermediate Court of Appeals, Chief Justice-Designee Recktenwald’s performance has been exceptional. The public’s comments and testimony—from individuals in the legal community and across the political spectrum—gave us further insight into his strong legal intellect, thoughtful leadership and upstanding character. Governor Lingle nominated Recktenwald to the post on August 13. Lingle’s previous nominee, Intermediate Court of Appeals associate judge Katherine Leonard, was criticized for not having enough administrative experience for a job that requires much more than sitting at the top of the highest court in the land. The Chief Justice has a host of other administrative responsibilities, including presiding over the State Senate if the governor, lieutenant governor, or appointed officer are impeached, according to the Hawaii State Constitution. Recktenwald joined the Supreme Court last May when Lingle appointed him to replace retired Associate Justice Steven Levinson. He previously served for two years (2007-2009) as chief judge of the Intermediate Court of Appeals, during which time he participated in deciding more than 250 cases on their merits and authored 10 published opinions. Under his guidance, the court moved forward in implementing a 2006 reorganization plan of the appellate system, with an emphasis on deciding the court’s cases more promptly. The appeals court also instituted the practice of holding oral arguments on a regular monthly basis. In both of his prior confirmation proceedings, Recktenwald was unanimously confirmed by the State Senate (25-0 for chief appellate judge and 22-0 for associate justice). Prior to his appointment to the Intermediate Court of Appeals, Recktenwald served as the director of the Department of Commerce and Consumer Affairs from 2003 to 2007. During his tenure, he focused on expanding protections against identity theft and enforcing Hawai‘i’s consumer protection laws, including guarding against unfair and deceptive trade and business practices, and insurance and securities fraud. He also worked to make the department’s services more convenient for the public by expanding and enhancing on-line services. Recktenwald is a former assistant U.S. Attorney (1991-1997, 1999-2003) who was responsible for litigating civil and criminal cases including white collar crimes. He served as the health care fraud coordinator and environmental law enforcement coordinator for the U.S. Attorney’s Office, and was a prosecutor in wildlife crimes and fraud involving financial institutions, taxes, and investment scams. He also worked in the civil division, handling cases in which the government sought civil damages for fraud. Recktenwald was a partner with the law firm of Marr Jones and Wang (1997-1999) where he specialized in employment litigation. He also worked as an associate with Goodsill Anderson Quinn and Stifel (1888-1991) and was a law clerk to Chief U.S. District Judge Harold Fong (1986-1987). In addition, he has experience working as an investigator/researcher for the United States Senate as well as a committee clerk for the Hawaii State Legislature. He previously worked as a reporter in the United Press International’s Honolulu Bureau. He is a graduate of Harvard University and the University of Chicago Law School. Lingle selected Recktenwald from a list of five remaining candidates, which included Leonard, that were submitted to her by the Judicial Selection Commission on June 22. All of the candidates were interviewed by Lingle, as well as a committee made up of members of the governor’s senior staff and cabinet. The governor also invited the public to submit comments on the candidates. During her term in office, Lingle has named the Chief Justice and an associate justice to the Hawai‘i Supreme Court, five of six judges to the Intermediate Court of Appeals, and 17 of 33 judges to the Circuit Court. -
CAMEROON: GENERAL ASPECTS OF CAMEROON
[Africa] (Afrigator)GeographyArea: 475,000 sq. km. (184,000 sq. mi.), about the size of California.Cities (2010 World Gazetteer estimates): Capital--Yaounde (pop. 1.677 million). Other major cities--Douala (1.978 million), Garoua (519,000), Maroua (486,000), Bafoussam (348,000), Bamenda (486,000), Loum (221,000), and Ngaoundere (283,000).Terrain: Northern plains, central and western highlands, southern and coastal tropical forests. Mt. Cameroon (13,353 ft.) in the southwest is the highest peak in West Africa and th ...
GeographyArea: 475,000 sq. km. (184,000 sq. mi.), about the size of California.Cities (2010 World Gazetteer estimates): Capital--Yaounde (pop. 1.677 million). Other major cities--Douala (1.978 million), Garoua (519,000), Maroua (486,000), Bafoussam (348,000), Bamenda (486,000), Loum (221,000), and Ngaoundere (283,000).Terrain: Northern plains, central and western highlands, southern and coastal tropical forests. Mt. Cameroon (13,353 ft.) in the southwest is the highest peak in West Africa and the sixth in Africa.Climate: Northern plains, the Sahel region--semiarid and hot (7-month dry season); central and western highlands where Yaounde is located--cooler, shorter dry season; southern tropical forest--warm, 4-month dry season; coastal tropical forest, where Douala is located--warm, humid year-round.PeopleNationality: English noun and adjective--Cameroonian(s); French noun and adjective--Camerounais(e).Population (July 2010 est.): 19,406,100.Annual population growth rate (2010 est.): 2.6%.Ethnic groups: About 250.Religions: Christian 40%, Muslim 20%, indigenous African 40%.Languages: French and English (both official) and about 270 African languages and dialects, including pidgin, Fulfulde, and Ewondo.Education: Compulsory between ages 6 and 14. Attendance--65%. Literacy--75%.Health: Infant mortality rate (2008)--82/1,000 live births. Life expectancy (2008)--51 yrs.Work force: Agriculture--70%. Industry and commerce--13%.GovernmentType: Republic; strong central government dominated by president.Independence: January 1, 1960 (for areas formerly ruled by France) and October 1, 1961 (for territory formerly ruled by Britain).Constitution: June 2, 1972, last amended in 2008.Branches: Executive--president (chief of state), 7-year term, no term limits; appointed prime minister (head of government). Legislative--unicameral National Assembly (180 members; meets briefly three times a year--March, June, November); a new Senate was called for under constitutional changes made in early 1996. Judicial--falls under the executive's Ministry of Justice.Administrative subdivisions: 10 regions, 58 departments or divisions, 349 subprefectures or subdivisions.Political parties: Cameroon People's Democratic Movement (CPDM) or its predecessor parties have ruled since independence. Major opposition parties: the Social Democratic Front (SDF), the National Union for Democracy and Progress (UNDP), and the Cameroon Democratic Union (CDU).Suffrage: Universal at 20.EconomyGDP (2010 est.): $42.55 billion.Annual real GDP growth rate (2009): 2.5%.GDP per capita (2009 est.): $2,141 (Economist Intelligence Unit estimate).Inflation (2010 est.): 5.3%.Natural resources: Oil, timber, hydroelectric power, natural gas, cobalt, nickel, iron ore, uranium.Agriculture (2010): 19.8% of GDP. Products--timber, coffee, tea, bananas, cocoa, rubber, palm oil, pineapples, cotton. Arable land (2005 est.)--12.54%.Industry (2010): 29.7% of GDP.Services (2010): 50.4% of GDP.Trade (2010): Exports--$5.246 billion: crude oil, timber and finished wood products, cotton, cocoa, aluminum and aluminum products, coffee, rubber, bananas. Major markets--European Union, CEMAC, China, U.S., Nigeria (informal). Imports--$4.362 billion: crude oil, vehicles, pharmaceuticals, aluminum oxide, rubber, foodstuffs and grains, agricultural inputs, lubricants, used clothing. Major suppliers--France, Nigeria, Italy, U.S., Germany, Belgium, Japan.PEOPLECameroon's estimated 250 ethnic groups form five large regional-cultural groups: western highlanders (or grassfielders), including the Bamileke, Bamoun, and many smaller entities in the northwest (est. 38% of population); coastal tropical forest peoples, including the Bassa, Douala, and many smaller entities in the Southwest (12%); southern tropical forest peoples, including the Ewondo, Bulu, and Fang (all Beti subgroups), Maka and Pygmies (officially called Bakas) (18%); predominantly Islamic peoples of the northern semi-arid regions (the Sahel) and central highlands, including the Fulani, also known as Peuhl in French (14%); and the "Kirdi", non-Islamic or recently Islamic peoples of the northern desert and central highlands (18%).The people concentrated in the Southwest and Northwest regions--around Buea and Bamenda--use standard English and "pidgin," as well as their local languages. In the three northern regions--Adamawa, North, and Far North--French and Fulfulde, the language of the Fulani, are widely spoken. Elsewhere, French is the principal language, although pidgin and some local languages such as Ewondo, the dialect of a Beti clan from the Yaounde area, also are widely spoken. Although Yaounde is Cameroon's capital, Douala is the largest city, main seaport, and main industrial and commercial center.The western highlands are among the most fertile regions in Cameroon and have a relatively healthy environment in higher altitudes. This region is densely populated and has intensive agriculture, commerce, cohesive communities, and historical emigration pressures. From here, Bantu migrations into eastern, southern, and central Africa are believed to have originated about 2,000 years ago. Bamileke people from this area have in recent years migrated to towns elsewhere in Cameroon, such as the coastal regions, where they form much of the business community. About 20,000 non-Africans, including more than 6,000 French and 2,400 U. S. citizens, reside in Cameroon.HISTORYThe earliest inhabitants of Cameroon were probably the Bakas (Pygmies). They still inhabit the forests of the South and East regions. Bantu speakers originating in the Cameroonian highlands were among the first groups to move out before other invaders. During the late 1770s and early 1800s, the Fulani, a pastoral Islamic people of the western Sahel, conquered most of what is now northern Cameroon, subjugating or displacing its largely non-Muslim inhabitants.Although the Portuguese arrived on Cameroon's coast in the 1500s, malaria prevented significant European settlement and conquest of the interior until the late 1870s, when large supplies of the malaria suppressant, quinine, became available. The early European presence in Cameroon was primarily devoted to coastal trade and the acquisition of slaves. The northern part of Cameroon was an important part of the Muslim slave trade network. The slave trade was largely suppressed by the mid-19th century. Christian missions established a presence in the late 19th century and continue to play a role in Cameroonian life.Beginning in 1884, all of present-day Cameroon and parts of several of its neighbors became the German colony of Kamerun, with a capital first at Buea and later at Yaounde. After World War I, this colony was partitioned between Britain and France under a June 28, 1919 League of Nations mandate. France gained the larger geographical share, transferred outlying regions to neighboring French colonies, and ruled the rest from Yaounde. Britain's territory--a strip bordering Nigeria from the sea to Lake Chad, with an equal population--was ruled from Lagos.In 1955, the outlawed Union of the Peoples of Cameroon (UPC), based largely among the Bamileke and Bassa ethnic groups, began an armed struggle for independence in French Cameroon. This rebellion continued, with diminishing intensity, even after independence. Estimates of deaths from this conflict vary from tens of thousands to hundreds of thousands.French Cameroon achieved independence in 1960 as the Republic of Cameroon. The following year the largely Muslim northern two-thirds of British Cameroon voted to join Nigeria; the largely Christian southern third voted to join with the Republic of Cameroon to form the Federal Republic of Cameroon. The formerly French and British regions each maintained substantial autonomy. Ahmadou Ahidjo, a French-educated Fulani, was chosen President of the federation in 1961. Ahidjo, relying on a pervasive internal security apparatus, outlawed all political parties but his own in 1966. He successfully suppressed the UPC rebellion, capturing the last important rebel leader in 1970. In 1972, a new constitution replaced the federation with a unitary state.Ahidjo resigned as President in 1982 and was constitutionally succeeded by his Prime Minister, Paul Biya, a career official from the Bulu-Beti ethnic group. Ahidjo later regretted his choice of successors, but his supporters failed to overthrow Biya in a 1984 coup attempt. Biya won single-candidate elections in 1984 and 1988 and flawed multiparty elections in 1992, 1997, and 2004. His Cameroon People's Democratic Movement (CPDM) party holds a sizeable majority in the legislature following 2007 elections--153 deputies out of a total of 180.GOVERNMENT AND POLITICAL CONDITIONSThe 1972 constitution (amended in 1996 and 2008) provides for a strong central government dominated by the executive. The president is empowered to name and dismiss cabinet members, judges, generals, regional governors, prefects, sub-prefects, and heads of Cameroon's parastatal (about 100 state-controlled) firms, obligate or disburse expenditures, approve or veto regulations, declare states of emergency, and appropriate and spend profits of parastatal firms. The president is not required to consult the National Assembly.The judiciary is subordinate to the executive branch's Ministry of Justice. The Supreme Court, in the absence of a constitutionally mandated Constitutional Court, may review the constitutionality of a law only at the president's request.The 180-member National Assembly meets in ordinary session three times a year (March-April, June-July, and November-December), and seldom makes major changes in legislation proposed by the executive. Laws are adopted by a majority vote of members present or, if the president demands a second reading, of total membership.Following government pledges to reform the strongly centralized 1972 constitution, the National Assembly adopted a number of amendments in December 1995, which were promulgated in a new constitution in January 1996. The amendments called for the establishment of a 100-member Senate as part of a bicameral legislature, the creation of regional councils, and the installation of a 7-year presidential term, renewable once. One-third of senators would be appointed by the president, and the remaining two-thirds would be chosen by indirect elections. As of January 2010, neither the Senate nor the regional council had been created. In April 2008, the National Assembly acceded to constitutional changes proposed by the presidency that, inter alia, removed presidential term limits and provided the president with immunity from prosecution for acts committed while in office.All local government officials are employees of the central government's Ministry of Territorial Administration, from which local governments receive most of their budgets.While the president, the Minister of Justice, and the president's judicial advisers (the Supreme Court) top the judicial hierarchy, traditional rulers, courts, and councils also exercise functions of government. Traditional courts still play a major role in domestic, property, and probate law. Tribal laws and customs are honored in the formal court system when not in conflict with national law. Traditional rulers receive stipends from the national government.The government adopted legislation in 1990 to authorize the formation of multiple political parties and ease restrictions on forming civil associations and private newspapers. Cameroon's first multiparty legislative and presidential elections were held in 1992. Because the government refused to consider opposition demands for an independent election commission, the three major opposition parties boycotted the October 1997 presidential election, which Biya easily won.Each of Cameroon's national elections has been marred by severe irregularities. In December 2000, the National Assembly passed legislation creating the National Elections Observatory (NEO), an election watchdog body. NEO played an active role in supervising the conduct of local and legislative elections in June 2002 and July 2007, which demonstrated some progress but were still hampered by irregularities. The NEO also supervised the conduct of the presidential election in October 2004, as did many diplomatic missions, including the U.S. Embassy. The incumbent, Paul Biya, was re-elected with 70.92% of the vote. NEO reported that it was satisfied with the conduct of the election but noted some irregularities and problems with voter registration. The U.S. Embassy also noted these issues with the election, as well as reports of non-indelible ink, but concluded that the irregularities were not severe enough to impact the final result. The U.S. Embassy provided monitors for the July 2007 parliamentary and municipal elections and concurred with the analysis of other observers and diplomatic missions, who noted some improvements but persistent flaws, especially in the registration of voters and the prevention of voter fraud.In December 2006, the President enacted the law creating Elections Cameroon (ELECAM), an independent body responsible for the organization, management, and supervision of all election operations and referendums. The decree stipulated its creation by the end of June 2008. In December 2008, well outside the timeframe outlined in the 2006 law, a 12-member ELECAM Council was appointed. Most members (10 out of 12) are from the Presidents CPDM party, thus ELECAM is not seen as independent or impartial. During its March 2010 session, the National Assembly amended the law creating ELECAM in order to allow political parties and the administration to play a significant role in the electoral process at the level of the various commissions that will govern voter registration, vote count, and disputes. The amendment also empowered the Directorate General of Elections, the technical branch of ELECAM. ELECAM has been hiring staff and setting up offices. The next presidential election is scheduled for October 2011.Cameroon has a number of private newspapers, radio stations, and private television stations. Censorship was officially abolished in 1996, but the government has on occasion seized or suspended newspapers, radio stations, and television stations.In recent years the harassment and arrests of journalists has increased. In February 2008, the government closed Magic FM radio, a Voice of America (VOA) affiliate, and confiscated its equipment, which included VOA transmission equipment, and shuttered Equinoxe Radio and Television after the three media outlets carried controversial reports and critical commentaries about Biyas regime. In September 2009, the government shut down the Yaounde-based Sky One FM Radio station after the station refused to stop broadcasting its most popular program, Le Tribunal, which allowed listeners to air grievances and seek assistance in redressing outstanding issues with government entities. Journalists have been fired from their jobs allegedly for openly discussing the change of the constitution and criticizing the government. The government also banned a popular song on the radio about constitutional change.Radio and television continue to be a virtual monopoly of the state-owned broadcaster, the Cameroon Radio-Television Corporation (CRTV). However, there are several independent television stations and many more regional private radio stations, although many are owned by or financed by parliamentarians, mayors, or party officials.Since the issuance of the decree authorizing the creation of private radio and television on April 3, 2000, only two stations have received a license from the government. Licensing fees are more than $100,000 for radio stations and $200,000 for television stations, which many in the press consider exorbitant. On April 9, 2008, the Minister of Communication gave two television stations and one radio station until July 2008 to pay the remainder of their license fee or be shut down. Previously, most media houses applied for their licenses and operated under what the government called administrative tolerance while their applications were pending and they raised the necessary funds for licensing fees. However, in January 2010, the Minister of Communication indicated that the government was ending administrative tolerance and would crack down on stations operating without a fully-paid license.There are a dozen community radio stations created and supported by the UN Educational, Scientific, and Cultural Organization (UNESCO) and local councils, which are exempted from licenses and have no political content. Radio coverage extends to about 80% of the country, while television covers 60% of the territory.Despite strong civil rights on the books, the government recurrently infringes upon rights and liberties in practice. Discrimination against women, homosexuals and indigenous peoples is pervasive. Criticism of the president, ranking officials or the government at large continues to be met by harassment and physical force by the government. Similarly, the rights to assemble and of association are often curtailed according to ideology and political alignment. The publics ability to seek recourse from the courts remains minimal due to insufficient resources and physical access, and corruption. Government prisons are at times life-threatening, plagued by overcrowding, poor sanitation, and corruption by security forces. In May 2010, a journalist died in prison as a result of poor health care. Reports of torture, excessive force, unlawful arrests and detention, and unlawful killings by police and security forces remain widespread. Forced labor and human trafficking are also chronic problems.Principal Government OfficialsPresident--Paul BiyaPresident of the National Assembly--Djibril Cavaye YeguiePrime Minister--Philemon YangMinister of External Relations--Henri Eyebe AyissiMinister of Defense--Edgar Alain Mebe NgooAmbassador to the United States--Joseph Bienvenu Charles Foe AtanganaAmbassador to the United Nations--Michel Tommo MontheCameroon maintains an embassy in the United States at 2349 Massachusetts Avenue NW, Washington, DC 20008 (tel.: 202-265-8790).ECONOMYCameroon is blessed with an abundance of natural resources, including in agriculture, mining, forestry, and the oil and gas sectors. Cameroon is the commercial and economic leader in the sub-region, though regional trade, especially with Nigeria, remains under-realized.Cameroon's economy is highly dependent on commodity exports, and swings in world prices strongly affect its growth. Cameroon's economic development has been impeded by economic mismanagement, pervasive corruption, and a challenging business environment (for local and foreign investors). Cameroon remains one of the lowest-ranked economies on the World Bank's annual Doing Business and similar surveys and regularly ranks among the most corrupt countries in the world. Over the last three years, GDP growth has averaged around 3%, which is roughly on par with population growth but not enough to significantly reduce high poverty levels. Despite boasting a higher GDP per capita than either Senegal or Ghana, Cameroon lags behind these two countries in important socio-economic indicators, including health and education. The government has professed a determination to foster urgent economic growth and job creation, and there is a decided uptick in interest in the mining sector and infrastructure development, but it is not yet clear how well these promises will translate into improved performance.For a quarter-century following independence, Cameroon was one of the most prosperous countries in Africa. The drop in commodity prices for its principal exports--oil, cocoa, coffee, and cotton--in the mid-1980s, combined with an overvalued currency and economic mismanagement, led to a decade-long recession. Real per capita gross domestic product (GDP) fell by more than 60% from 1986 to 1994. The current account and fiscal deficits widened, and foreign debt grew.The government embarked upon a series of economic reform programs supported by the World Bank and International Monetary Fund (IMF) beginning in the late 1980s. Many of these measures have been painful, including the governments slashing of civil service salaries by 50% in 1993. The CFA franc--the common currency of Cameroon and 13 other African states--was devalued by 50% in January 1994. The conjunction of these two events meant an overall drop in purchasing power of nearly 65%. The government failed to meet the conditions of the first four IMF programs. A three-year Poverty Reduction and Growth Facility (PRGF) approved by the IMF in October 2005 ended in 2008. Cameroon has not negotiated any new IMF program but is continuing cooperation with the Fund under Article IV consultations. In 2009, the IMF disbursed $144 million to Cameroon under its Exogenous Shocks Facility to help with the effects of the global economic crisis.Official statistics for 2009 had inflation at 5.3%, indicating a weakening of Cameroonians spending power. Public frustration over rising prices was partly to blame for an outbreak of social unrest and violence in many Cameroonian cities in February 2008. In March 2008, the government announced a reduction in food import tariffs and other measures designed to reduce the cost of basic commodities. The global economic crisis has seriously impacted Cameroons oil, cotton, timber, and rubber sectors, depressing exports, growth, and overall consumption.The government has made halting progress on its privatization program. The National Water Utility Corporation (SNEC) was split into two entities. CAMWATER--to handle infrastructure--remains in government hands, and a reformed SNEC is now owned by a consortium led by Moroccan Water Utility. Plans to privatize the national air company CAMAIR and national telecom CAMTEL, however, have repeatedly faltered because of political sensitivities and concerns about corruption. CAMAIR was declared officially defunct and ceased to operate in May 2008, and a new CAMAIRCO has yet to get off the ground. CAMTEL remains under the control of the Ministry of Posts and Telecommunications.The European Union is Cameroon's main trading bloc, accounting for 36.6% of total imports and 66.1% of exports. France is Cameroon's main trading partner, but the United States is the leading investor in Cameroon (largely through the Chad-Cameroon pipeline and energy provider AES Sonel). According to press reports, China recently became the number one importer of Cameroonian exports, especially unprocessed timber.For further information on Cameroon's economic trends, trade, or investment climate, contact the International Trade Administration, U.S. Department of Commerce, Washington, DC 20230 and/or the Commerce Department district office in any local federal building.DEFENSEThe Cameroonian military generally has been an apolitical force dominated by civilian control. International military advisers remain closely involved at senior levels of all the armed forces and the gendarmes. The armed forces number approximately 28,000 personnel in ground, air, and naval forces, with the majority being in the army and gendarmes.The goal of the Cameroonian military is to improve the security of its maritime and land borders as well as to develop a force with the capacity to contribute to peacekeeping operations. While equipment needs pose a significant challenge, Cameroonian officers are already receiving peacekeeping training both in Africa and abroad through multilateral partnerships.FOREIGN RELATIONSCameroon's noncontentious, low-profile approach to foreign relations puts it squarely in the middle of other African and developing states on major issues. It supports the principle of noninterference in the affairs of third countries and increased assistance to underdeveloped countries. Cameroon is an active participant in the United Nations, where its voting record demonstrates its commitment to causes that include international peacekeeping, the rule of law, environmental protection, and Third World economic development. In the UN and other human rights fora, Cameroon's nonconfrontational approach has generally led it to avoid criticizing other countries.Cameroon enjoys good relations with the United States and other developed countries. It has particularly close ties with France, with whom it has numerous military, economic, and cultural agreements. China has a number of health and infrastructure projects underway in Cameroon, and provides some military assistance. Cameroon enjoys generally good relations with its African neighbors. Cameroon successfully resolved its border dispute with Nigeria in the oil-rich Bakassi Peninsula through peaceful legal means after having submitted the case to the International Court of Justice (ICJ). With the support of the UN, both countries worked closely together to peacefully implement the ICJ ruling, and a genuine, peaceful turnover of the peninsula by Nigeria was completed on August 14, 2008. In December 2009, both countries laid the first pillar to demarcate the border. Cameroon is a member of CEMAC (Economic and Monetary Community of Central Africa) and supports UN peacekeeping activities in Africa (Sudan, Central African Republic) and Haiti.U.S.-CAMEROONIAN RELATIONSU.S.-Cameroonian relations are close, although from time to time they have been affected by concerns over human rights abuses and the pace of political and economic liberalization. The bilateral U.S. Agency for International Development (USAID) program in Cameroon closed for budgetary reasons in 1994 but USAID runs a number of programs in Cameroon, mainly through its regional office in Accra, Ghana, and mainly in the health sector. As of 2010, USAID has a Cameroon-based coordinator. The Centers for Disease Control (CDC) also has activities in Cameroon, mainly in HIV/AIDS prevention.Approximately 140 Peace Corps volunteers continue to work successfully in agroforestry, community development, education, and health. The Peace Corps plans to double the number of volunteers in Cameroon by 2011. The Public Affairs section of the U.S. Embassy in Yaounde organizes and funds diverse cultural, educational, and informational exchanges. It maintains a library and helps foster the development of Cameroon's independent press by providing information in a number of areas, including U.S. human rights and democratization policies. The Embassy's Self-Help and Democracy and Human Rights Funds are some of the largest in Africa.Through several State Department and USAID regional funds, the Embassy also provides funds for: biodiversity protection, refugees, HIV/AIDS, democratization, and girl's scholarships. The U.S. Department of Agriculture (USDA) provided a commodity grant valued at $6 million in 2003 to fund agricultural development projects in the North and Far North regions. Similar programs were approved in 2004, 2005, and 2006. The $4 million 2004 program was to fund an agricultural development and nutrition enhancement project in the East and Adamawa regions. The $4 million 2005 program was to integrate tree crops and agribusiness to enhance household livelihood security in vulnerable communities of the Center and Southwest regions. The 2006 project was to focus on an agroforestry program to be carried out in the Northwest and West regions. In 2009, a USDA-funded program was launched to promote primary school education in the Northwest region.The United States and Cameroon work together in the United Nations and a number of other multilateral organizations. While in the UN Security Council in 2002, Cameroon worked closely with the United States on a number of initiatives. The U.S. Government continues to provide substantial funding for international financial institutions, such as the World Bank, IMF, and African Development Bank, which provide financial and other assistance to Cameroon. -
Director of Enrollment Management (san jose downtown)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in SF bay area)SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT Director of Enrollment Management This position is responsible for policy, procedural, supervisory and budgetary decisions; working cooperatively with the campus community, as well as the greater community including high schools, community agencies, businesses and higher education in promoting and supporting college enrollment; developing and implementing a plan for computerization of admissions and records; coordinating in-service training to sta ...
SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT
Director of Enrollment Management
This position is responsible for policy, procedural, supervisory and budgetary decisions; working cooperatively with the campus community, as well as the greater community including high schools, community agencies, businesses and higher education in promoting and supporting college enrollment; developing and implementing a plan for computerization of admissions and records; coordinating in-service training to staff in a computerized environment; working closely with Information Services in developing technologies and processes, and recommending objectives for program improvements; preparing state, federal or other reports; consulting with management, faculty, parents, students and/or the courts & other legal entities concerning confidential information; developing budget recommendations and administering the Admissions & Records department budget.
This is a classified management, full-time, 12 months per year position.
Position Purpose:
Reporting to the Vice President of Student Affairs, the Director of Enrollment Management works collaboratively with faculty and staff, plans, organizes, and directs the processes and operations of the office of Admissions and Records including admissions, registration, attendance accounting and records activities; develops, and evaluates enrollment management programs, projects and activities; evaluate materials for graduation, transfer and certification eligibility; provides leadership and support to staff to ensure quality enrollment services; and supervise and evaluate the performance of assigned personnel.
Duties and Responsibilities:
1. Provide leadership and direct oversight to staff in Admissions and Records; serve as the College Registrar; plan, review and evaluate admissions practices; standards and procedures, aligning them with Title 5, Ed Code, Federal Government and District Policies and Procedures. Plan, organize, control and direct the processes and operations of the Admissions and Records Office; interpret and apply State-mandated guidelines; develop and recommend policies, procedures and guidelines.
2. Plan admissions and registration activities for fall and spring semesters and summer and inter-sessions; meet with various campus divisions involved in admissions and registration activities; manage the admissions and registration process.
3. Supervise and evaluate the performance of assigned staff; interview and participate in selecting employees; train, counsel, discipline and terminate personnel according to established policies and procedures. Assure that assigned staff is adequately educated and trained in working sensitively with students from all segments of the community, including those who are immigrant or first generation, English learners, academically under-prepared, from different religious backgrounds or different sexual orientation and those with disabilities.
4. Maintains currency of best practices in Student Matriculation and Enrollment Management. Provide supervision and oversight for College Outreach staff including classified members and student recruiters.
5. Work with Vice President of Student Affairs and Dean of Counseling and Matriculation in providing integrated, coordinated and comprehensive student support services that effectively support student success.
6. Collaborate with Academic Affairs to assist students in successfully navigating through institutional processes and procedures; provide support to faculty in processes dealing with census reporting, class add/drops, early alert monitoring and grading.
7. Direct the preparation and maintenance of a variety of narrative and statistical reports, records and files related to assigned activities and personnel; prepare and maintain accurate District, local, State and federal reports including attendance accounting records, student permanent records, student residency, grades and attendance records, registration statistics, fee payments, transcripts and other records as assigned; participate in and prepare for audits of records as assigned.
8. Oversee graduation, transfer and certification eligibility; assure compliance with established guidelines related to degree, program and certificate eligibility; direct staff in the evaluation of student records for transfer and degree eligibility.
9. Communicate with other administrators, personnel and contractors to coordinate activities, resolve issues and conflicts and exchange information; serve as a resource to the College community.
10. Develop and prepare the annual preliminary budget for the Admissions and Records office; analyze and review budgetary and financial data; control and authorize expenditures in accordance with established limitations.
11. Manage the collection, accounting and deposit of related fees.
12. Operate a computer and other office equipment as assigned; maintain current knowledge of computer technology and systems.
13. Provide leadership and advocacy in the use of technology to deliver services to students, while reserving human resources to provide personal assistance to students in problem-solving.
14. Manage the admissions and certification process for veterans and international students as assigned.
Duties and Responsibilities Continued:
15. Create, update and implement the student policies, catalog information and related campus documents having to do with Admissions and Records.
16. Attend and conduct a variety of meetings as assigned; participate on assigned committees.
17. Perform related duties and responsibilities as assigned.
Knowledge:
1. Higher education and student services in California community colleges.
2. Matriculation process at California community Colleges.
3. Use of technology in delivery of enrollment services Planning, organization and direction of the Admissions and Records office.
4. Applicable laws, codes, regulations, policies and procedures including Title V and Education Codes related to attendance accounting, residency, student and faculty rights, record-keeping and related matters.
5. Local K-12 districts, community, educational and training agencies.
6. Title 5 and Ed Code regulations related to Admissions and Records.
7. Concurrent Enrollment, Middle College and Early High School Programs.
8. Admissions/Registration requirements related to International Students.
9. Collective bargaining contract negotiations and administration.
10. District organization, operations, policies and objectives.
11. Budget preparation and control.
12. Oral and written communication skills.
13. Principles and practices of administration, supervision and training.
14. Interpersonal communication skills using tact, patience and courtesy.
15. Operation of a computer and assigned software.
16. Record-keeping techniques.
17. Diverse academic, socioeconomic, cultural, disability, and ethnic backgrounds of community
college students.
Skills and Abilities:
1. Plan, organize and administer the processes and operations of the Admissions and Records office.
2. Plan, schedule and manage admissions and registration activities.
3. Plan, schedule and manage grade processing activities.
4. Direct the cashiering functions.
5. Develop general information section of class schedules.
6. Prepare comprehensive narrative and statistical reports.
7. Direct the maintenance of a variety of reports and files related to assigned activities.
8. Communicate effectively both orally and in writing.
9. Interpret, apply and explain rules, regulations, policies and procedures.
10. Establish and maintain cooperative and effective working relationships with others.
11. Operate a computer and assigned office equipment.
12. Analyze situations accurately and adopt an effective course of action, meet schedules and time lines.
13. Work independently with little direction.
14. Plan and organize work.
15. Work confidentially with discretion.
Working Conditions:
1. Typical office environment.
Minimum Qualifications:
1. Bachelor's degree in a related field.
2. Four years of increasingly responsible admissions and records experience in an educational institution including two years in a supervisory capacity.
3. Demonstrated sensitivity, knowledge, and understanding of the diverse academic, socioeconomic, gender, cultural, disability, and ethnic backgrounds of the students we serve; and sensitivity to and knowledge and understanding of groups historically underrepresented, and groups who may have experienced discrimination.
4. Success integrating diversity as appropriate into the major duties outlined in the job description and in the duties listed in the District's hiring policy; or demonstrated equivalent transferable skills to do so.
Does this position accept online applications?
Yes
Opportunity Type:
CLASSIFIED MANAGEMENT EMPLOYMENT OPPORTUNITY
Posting Date:
08-13-2010
Closing Date:
09-29-2010
First Review Date (if Open Until Filled):
Not applicable
If No, please specify
Not applicable
Posting Number:
0010209
Work Location
San Jose City College
Division:
Vice President of Student Affairs
Position status:
Full-time
Academic Position Type:
Not Applicable
Academic Position Term:
Not Applicable
Salary Range:
$89,756 - $103,904 Annual Salary (Range 23: Management Salary Schedule Fiscal Year 2008-2009. Salaries are non-negotiable. Starting placement is generally at Step 1.)
Benefits Available:
Medical, dental, vision, life insurance, income protection and retirement. Management positions include 20 vacation days, 17 holidays, and 6 administrative leave days per year.
Employment Start Date:
As soon as possible
Special Licenses, Certificates, etc.:
Not applicable
Desired Qualifications:
Not applicable
Job Category
Executive/Administrative/Managerial
Classified Position type:
Classified Management
Classified Position term:
Regular
Equivalency Information:
Not applicable
Application Procedures, Notes and Contact Information
Interested internal and external applicants MUST by the closing date SUBMIT ONLINE ALL of the following materials to be considered for the position (as prompted via the following URL: https://jobs.sjeccd.org. Click "Apply for this Posting"):
1. A completed online San Jose/Evergreen Community College District ADMINISTRATIVE/MANAGEMENT POSITION APPLICATION
2. COVER LETTER
(Must state how you meet ALL the minimum qualifications in EDUCATION and EXPERIENCE as described in the job announcement Minimum Qualifications section. Also, state how you meet other qualifications)
3. RESUME
4. TRANSCRIPT(S) - Not diplomas/certificates - (unofficial or official copies) for stated degrees having the degree confer/award dates circled. Official transcripts will be required prior to employment start date should the position be offered.
ABOUT TRANSCRIPTS:
If you do not have an electronic version of the transcript, you can get it scanned at Kinkos, Office Max, Office Depot, Staples, etc.; then attach the electronic version of your transcript to this online application at the later part of the application process. If you are current employees and need to access transcripts on file, you must schedule with Human Resources to come in and get your transcripts from your personnel file and submit by the closing date.
IMPORTANT NOTES:
1. Only complete application materials will be considered (No exception for internal applicants). Application materials must include: a. ADMINISTRATIVE / MANAGEMENT POSITION APPLICATION, b. COVER LETTER, c. RESUME, and d. TRANSCRIPT(S) of stated degrees/coursework.
(The criminal history explanation if any will NOT be forwarded to the screening committee)
2. Incomplete application packet and/or documents received by Human Resources after the closing date will not be considered (No exception for employees or non-employees).
3. Applications not having all required minimum qualifications in education and experience as stated in the Minimum Qualifications section will not receive further considerations.
4. Letters of Recommendation are not required and will not be included in the application packet. Additional documents that are not requested may not be included.
5. DEGREES must have been awarded by a college or university ACCREDITED by an accrediting body recognized by the U.S. Council on Post-Secondary Accreditation and/or the U.S. Department of Education.
6. FOREIGN DEGREES: Candidates with DEGREES and CREDITS earned outside of the United States must provide official certification of equivalency to U. S. degrees by a certified U. S. credential review service, must have a U.S. evaluation (course by course of the transcripts) and must be submitted with the application. Simple translation of the language on foreign transcripts, coursework, or similar will NOT suffice; thus will cause the application packet to be judged as incomplete.
7. Upon hire the successful candidate must provide the required documents of identity and authorization to work and attest he/she is authorized to work in the United States.
8. Application materials become the property of the district and will not be returned or duplicated.
9. Travel expenses to attend the interview are the responsibility of the candidate.
10. Meeting the minimum qualifications does not assure an interview.
11. The District may re-advertise, delay, choose not to fill the position, or choose to fill more than one position.
For assistance, contact:
Office of Human Resources, Employment Services
4750 San Felipe Road, San Jose, CA 95135
Phone: (408) 270-6414 Fax: (408) 223-6341
Email: Hremploymentservices@sjeccd.edu
Equal Opportunity Employer Statement:
San Jose/Evergreen Community College District is an Equal Opportunity Employer committed to nondiscrimination on the basis of ethnic group identification, race, color, language, accent, immigration status, ancestry, national origin, age, gender, religion, sexual orientation, transgender, marital status, veteran status, medical condition, and physical or mental disability consistent with applicable federal and state laws. Contacts: Title IX Officer: Dr. Elaine Burns (408) 288-3191; Section 504 /ADA Officer: VP of Administrative Services (408) 288-3723.
Reasonable accommodations will be provided for applicants with disabilities who self-disclose.
About San Jose/Evergreen Community College District
The San Jose/Evergreen Community College District consists of two colleges. The metropolitan San Jose City College located just minutes from downtown San Jose, established in 1921, and the park-like Evergreen Valley College located in southeast San Jose at the foot of the Diablo Mountain range, which opened in 1975. The District is represented by dedicated and talented employees who are passionate about providing our student population with the best educational experience possible. The District recognizes that cultural diversity in the academic environment promotes academic excellence; fosters cultural, racial and human understanding; provides positive roles models for all students, and creates an inclusive and supportive educational and work environment for its employees, students, and the community it serves.
With enrollment of approximately 26,000 per semester, and an extremely diverse student population (Hispanic/Latino 32%, Black/African-American 6%, Asian/Pacific Islander 33%, American Indian/Native American 1%, White/Caucasian 17%, First Generation 60%) attaining educational goals reflecting 34% - AA Degree and Transfer to a 4-Year College/ University, the District's emphasis on student success makes it a recognized educational leader in the State.
The District encourages a diverse pool of applicants to serve as colleagues to an existing diverse management team consisting of 28% Hispanic/Latino, 24% Asian/Pacific Islander, 12% Black/African-American, 1% two or more races, and 35% White/Caucasian, as well as encouraging applications from all qualified, outstanding applicants.
For complete job description or info on how to apply, please visit:
https://jobs.sjeccd.org/applicants/Central?quickFind=50913
Copyright ©2009 Jobelephant.com Inc. All rights reserved.
Posted by the FREE value-added recruitment advertising agency
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U.N. Insider: ‘There Is No Transparency’ -- By: Brett D. Schaefer
[Right-Wing, Politics, Law] (Articles on National Review Online)It’s often tempting, after the latest scandal, to think that the United Nations’ reputation for shoddy oversight and lack of transparency can’t sink any lower. And yet it keeps doing so. The latest charges of mismanagement, corruption, and fraud come from the organization’s own bureaucracy. An internal memo by Inga-Britt Ahlenius, a Swedish auditor whose non-renewable five-year term as undersecretary-general of the Office of Internal Oversight Services (OIOS) ended last ...
It’s often tempting, after the latest scandal, to think that the United Nations’ reputation for shoddy oversight and lack of transparency can’t sink any lower. And yet it keeps doing so.
The latest charges of mismanagement, corruption, and fraud come from the organization’s own bureaucracy. An internal memo by Inga-Britt Ahlenius, a Swedish auditor whose non-renewable five-year term as undersecretary-general of the Office of Internal Oversight Services (OIOS) ended last week, charged U.N. secretary-general Ban Ki-moon and his associates of undermining efforts to combat corruption in the organization.
#ad#This has long been obvious to observers of the U.N. Efforts to improve accountability, transparency, and oversight are often attacked from within. Many member states become angry if their citizens are fingered for corruption, and U.N. officials seem fearful that any report of problems will damage the organization’s reputation. Thus the decision to eliminate the Procurement Task Force -- the only truly independent investigatory and oversight body the U.N. has ever had -- in December 2008 was a frustrating but not surprising example of how effective and independent oversight is discouraged and attacked in Turtle Bay.
This also explains why scandals keep occurring. A few notable ones include:
the Iraqi Oil-for-Food scandal that Saddam Hussein used to generate some $10 billion in illegal revenue, according to the U.S. Government Accountability Office;
a huge corruption scandal in which more than 40 percent of U.N. procurement for peacekeeping was revealed to be tainted by fraud, leading to three U.N. officials’ being charged in American courts;
widespread incidents of sexual exploitation and abuse by U.N. personnel in Bosnia, Burundi, Cambodia, Congo, Guinea, Haiti, Ivory Coast, Kosovo, Liberia, Sierra Leone, and Sudan.
Only rarely, however, are the efforts of those seeking to impede U.N. oversight reported by the media or otherwise brought to light. But now, we have first-person testimony from a U.N. official about just how effective the efforts to hamstring U.N. oversight have been. Among the harsh assessments relayed by Ahlenius to Ban in the summary of her end-of-assignment report, according to Foreign Policy’s Turtle Bay blog, is this:There is no transparency, there is lack of accountability. Rather than supporting the internal oversight which is the sign of strong leadership and good governance, you have strived to control it which is to undermine its position. I do not see any signs of reform in the Organization.
I regret to say that the [U.N.] Secretariat now is in a process of decay. It is not only falling apart into silos -- the secretariat is drifting, to use the words of one of my senior colleagues. It is drifting into irrelevance.Additional comments attributed to Ahlenius in the Foreign Policy post placed the blame squarely on Secretary-General Ban:
Your actions are not only deplorable, but seriously reprehensible. No UN Secretary-General before you has questioned the authority delegated to the [undersecretary-general of OIOS] to appoint the staff in OIOS. Your action is without precedent and in my opinion seriously embarrassing for yourself.
#page#Ban’s defense, offered by his chef de cabinet Vijay Nambiar, essentially denies responsibility, changes the subject, and questions Ahlenius’s version of events. A choice quote:
This secretary-general, like his recent predecessors, has had to strike a balance between acting as a chief administrative officer of the United Nations on the one hand, and providing truly global leadership on the other. A look at his record shows that Secretary-General Ban has provided genuine visionary leadership on important issues from climate change to development to women’s empowerment. He has promoted the cause of gender balance in general as well within the organization. He has led from the front on important political issues from Gaza to Haiti to Sudan. And today, he is in Afghanistan.
Well, as long as the gender balance in the U.N. is being addressed, the secretary-general must be doing his job, right?
#ad#His visionary leadership didn’t prevent indecision and divisions in Copenhagen (for which we can be thankful, considering his goals). We’re still waiting for the results of his leadership to appear in Gaza and Sudan.
And Ban’s denial of impeding transparency and oversight of the U.N. is greatly undermined by his refusal to allow Ahlenius’s full 50-page report to be made public. This response serves only to confirm the lack of leadership and effective management at the U.N., exactly the failings Ahlenius focused on.
While Ban and his associates richly deserve this criticism, Ahlenius is wrong to ignore (at least in the summary of her report) the role that member states have played in preventing U.N. transparency, accountability, and oversight. Indeed, the primary pressure to eliminate the Procurement Task Force came from the Russian and Singaporean missions to the U.N. They were upset that the Task Force had charged and provided evidence that their nationals had been involved in corrupt actions. Russia even sought to prevent staff from the Procurement Task Force from being transferred to or hired by OIOS.
Regardless of whether Ban deserves most of the blame or only part of it, the assessment by Ahlenius should alarm the U.S. Congress, since the OIOS is one of the few oversight bodies in the U.N. If it remains hamstrung, there will be virtually no oversight of U.N. activities -- or of the billions of U.S. taxpayer dollars going to Turtle Bay each year.
Congress should also closely question U.S. officials in New York, especially U.S. ambassador to the U.N. Susan Rice, about why the U.S. allowed Secretary-General Ban to run roughshod over Ahlenius. The interference in OIOS has been widely known. As reported in Foreign Policy, “The U.N. has failed to fill dozens of vacancies, including the chief of the U.N.’s investigations division, which has been vacant since 2006, leaving a void in the U.N.’s ability to police itself, according to U.N. diplomats.”
The unfortunate reality is that few countries are interested in making sure that the U.N. has adequate oversight and accountability. Most pay the U.N. a pittance and, therefore, have nothing at stake. If the U.S. doesn’t press this issue, no other nation is likely to step forward.
As it represents the largest financier of the U.N., the U.S. mission should be the best friend of U.N. auditors and whistleblowers. Without them, we would have little chance of keeping the organization honest and accountable. So why has the U.S. mission been so silent and seemingly indifferent?
The U.S. should demand the public release of Ahlenius’s full report. It should also argue for a fully independent U.N. oversight body modeled after the Procurement Task Force. There is a vital need to hire a competent, qualified replacement at OIOS for Ahlenius. Someone who has a record of independence. Moreover, American policymakers should make certain that the many open slots in OIOS to be filled by qualified individuals as soon as possible.
-- Brett D. Schaefer is Jay Kingham Fellow in International Regulatory Affairs at the Heritage Foundation. He is also editor of ConUNdrum: The Limits of the United Nations and the Search for Alternatives (Rowman & Littlefield Publishers, 2009).
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When a Right of Action Derives from the Constitution . . .
[Hawaii] (Hawaii Legal News)County of Hawai'i v. Ala Loop Homeowners et al. (HSC July 9, 2010) Background. Waiola Waters of Life Charter School, a "new century" charter school pursuant to HRS chapter 302A, acquired a 28-acre farm on Ala Loop Road near Kurtistown on the Big Island. Waiola intended on keeping the farm, but was also going to use it as a campus. Concerned residents formed the Ala Loop Association wrote to the County. The County and the State took the position that HRS § 302A-1184 exempted Waiola from sta ...
County of Hawai'i v. Ala Loop Homeowners et al. (HSC July 9, 2010)
Background. Waiola Waters of Life Charter School, a "new century" charter school pursuant to HRS chapter 302A, acquired a 28-acre farm on Ala Loop Road near Kurtistown on the Big Island. Waiola intended on keeping the farm, but was also going to use it as a campus. Concerned residents formed the Ala Loop Association wrote to the County. The County and the State took the position that HRS § 302A-1184 exempted Waiola from state zoning laws in HRS 205, but did not exempt county zoning laws. Ala Loop argued that a special use permit pursuant to HRS § 205-A, the Land Use Commission rules, and county zoning laws were required. The County filed a complaint for declaratory relief against Ala Loop and Waiola to determine the applicability of state and county zoning laws. Ala Loop filed a counter claim against the County and a cross-claim against Waiola.
Waiola tried to get the Attorney General's Office to represent them, but the AG refused. Waiola, having no funds to defend the lawsuits, requested an extension to file an answer or responsive pleading, which was granted over Ala Loop's objection. The AG still refused to represent Waiola. Waiola then sought a stay of proceedings until the AG represented it. Ala Loop again objected and requested default judgment. The motion for stay was denied and default was entered against Waiola. The AG then agreed to represent Waiola and filed an answer and later a motion to set aside the default judgment. The motion was denied.
The circuit court proceeded with the declaratory judgment action and concluded that Waiola was subject to state land use laws notwithstanding HRS § 302A-1184. The circuit court also enjoined Waiola from several school-related activities absent a special use permit. Waiola, however, could bus students once and week and students could engage in agricultural activities like testing and cultivating crops. Ala Loop sought fees and costs and was awarded $3,878.64 in costs against Waiola. Waiola appealed on the grounds that Ala Loop had no standing to enforce state land use laws. The ICA, relying on Pono v. Molokai Ranch, Ltd., 119 Hawai'i 164, 194 P.3d 1126 (App. 2008). Ala Loop applied for certiorari. Waiola opposed on the grounds that the case was moot.
If it Ain't moot, fix it. "A case is moot if it has lost its character as a present, live controversy of the kind that must exist if courts are to avoid advisory opinions on abstract propositions of law. " Kona Old Hawaiian Trails Group v. Lyman, 69 Haw. 81, 87, 734 P.2d 161, 165 (1987). Put differently, "[a] case is moot if the reviewing court can no longer grant effective relief." Kaho'ohanohano v. State, 114 Hawai'i 302, 332, 162 P.3d 696, 726 (2007). Here, the case was not moot. According to the HSC, even though Waiola is not the current owner, it stores computers on the property and it still intends on starting a school somewhere. It is possible that Waiola could obtain permission from the current owner with a lease or some other form to conduct classes on the property.
And even if it was moot, the Public-Interest Exception Applies. Whether the public-interest exception to the mootness doctrine applies hinges on three factors (1) the public or private nature of the question presented, (2) "the desirability of an authoritative determination for future guidance of public officers, and (3) the likelihood of future recurrence of the question." Doe v. Doe, 116 Hawai'i 323, 327, 172 P.3d 1067, 1071 (2007). According to the HSC, all three prongs are met. First, even though the dispute between Waiola and Ala Loop is between two private parties, it is public in nature because the ICA's ruling that there was no private enforcement of HRS chapter 205 "inject[ed] a degree of public concern[.]" Id. Second, the question is whether private parties can enforce state land use laws that certain public agencies are duty-bound to uphold and enforce; answering this question will provide guidance for those public officials. Third, it is likely that this issue--whether private citizens can enforce HRS chapter 205--will come up in the future.
An Interesting Footnote: Right of Action v. Standing. The question here is whether Ala Loop has a private right of action to enforce state land use laws. The HSC, in a footnote, made it clear that a private right of action is not the same thing as standing. "The private of action inquiry focuses on the question of whether any private party can enforce a statute, while the standing inquiry focuses on whether a particular private party is an appropriate plaintiff."
The Trouble with Pono. In Pono, the ICA applied a test to determine whether there was a private right of action for enforcing HRS chapter 205. The test was comprised of three questions:
First, is the plaintiff one of the class for whose especial benefit the statute was enacted--that is, does the statute create a right in favor of the plaintiff? Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one? Third, is it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff?
Pono, 119 Hawai'i at 185, 194 P.3d at 1147 (emphasis, citations, brackets, ellipsis, and quotation marks omitted.). This test derives from Cort v. Ash, 422 U.S. 66 (1975), Reliable Collection Agency v. Cole, 59 Haw. 503, 584 P.2d 107 (1978), and Rees v. Carlisle, 113 Hawai'i 446, 153 P.3d 1131 (2007), and is known as the Rees/Reliable test.
The HSC held that the Rees/Reliable "is not applicable when the state constitution creates the private right of action." The HSC noted that Reliable examined whether the legislature created a private cause of action when it enacted statutes related to the unauthorized practice of law. Reliable, 59 Haw. at 506, 584 P.2d at 109. In Rees, the issue was whether a county ordinance created a private right of action. Rees, 113 Hawai'i at 456-459, 153 P.3d 1141-1144. This is not the proper test for determining whether a party has a private cause of action pursuant to the state constitution. The HSC also held that the ICA erred in applying the Rees/Reliable test in this case and in Pono. A different analysis applies.
Introducing the test for Determining when the Constitution Confers a Private Right to Enforce Statutes. The Hawai'i Constitution affords people the right to a clean and healthful environment:
Each person has the right to a clean and healthful environment . . . . Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law.
Haw. Const. Art. XI, Sec. 9. In order to determine whether this provision confers a private right of action to enforce HRS chapter 205, the HSC posed three questions: (1) Is the law the party seeks to enforce (e.g. HRS chapter 205) a law "relating to environmental quality"? (2) Is the constitutional provision self-executing (i.e. does the legislature need to promulgate enabling statutes before the ability to enforce this right be realized)? (3) If it is self-executing, has the legislature imposed "reasonable limitations and regulation" that would prevent a party from enforcing the right?
Is this a test? Are these three "questions" a true test? How would it look in other cases? First, the HSC appears to determine if the law the party seeks to enforce falls within the scope of the constitutionally-granted right to enforce. Second, is whether the constitutional provision is self-executing. This raises an interesting point. What if it was not self-executing, but the legislature promulgated enabling legislation? Would that put us in the Ala Loop scenario or would we have to work off of the enabling legislation--thereby putting us back in the Rees/Reliable test? Who knows. Third, if it is self-executing, are there "reasonable limitations and regulation"? That seems to come from the language of the constitutional provision itself in this case and--if this is a test at all--it's unclear whether that last question would apply to other constitutional provisions. All of this is new and we will have to wait for future cases to clear this up.
Applying the new test (or, if it's not a test, Answering the Questions). First, the HSC held that HRS chapter 205 relates to the conservation, protection, and enhancement of natural resources and is an environmental quality law "within the scope [of] the enforcement right established" by the constitutional provision. The HSC based its conclusion by examining the legislative history of HRS chapter 205, reviewing the stated purposes of the laws, and examining the language of the statutes themselves and HRS § 607-25, which allows private parties to seek attorneys fees and costs for parties who develop without obtaining their required permits or approvals.
Second, Haw. Const. Art. XI, Sec. 9 is self-executing. A provision is self-executing when "it supplies a sufficient rule by means of which the right may be enjoyed and protected, or the duty imposed may be enforced[.]" State v. Rodrigues, 63 Haw. 412, 414, 629 P.2d 1111, 1113 (1981). It is "not self-executing when it merely indicates principles, without laying down rules by means of which those principles may be given the force of law." Id. The HSC, after reviewing a survey of cases and concluded that when determining whether the provision is self-executing, the court examines the language of the provision to see if enabling legislation is necessary; the phrase "as provided by law" is not dispositive. It cuts either way. See Rodrigues, 63 Haw. at 415, 629 P.2d at 1114; United Public Workers, AFSCME, Local 646, AFL-CIO v. Yogi, 101 Hawai'i 46, 51-53, 62 P.3d 189, 194-96 (2002). The court also reviews the history of the provision to determine if the framer's intent confirms the plain language analysis.
Third, because it was self-executing, the next issue was whether there were any "reasonable limitations and regulation" against potential litigants like Ala Loop. The HSC held there were none. The HSC rejected Waiola's argument that HRS § 205-12 precluded a private right of action by delegating the enforcement of the land use laws to the counties. The HSC explained that the limitation and regulation must be "reasonable" and cannot completely abolish the private right of action. The HSC did not delve further into the matter and had no opinion as to whether Ala Loop exhausted its administrative remedies.
Default Judgment Should have been set Aside. "For good cause shown the court may set aside an entry of default and, if a judgment by default has been entered, may likewise set it aside[.]" HRCP Rule 55(c). Defaults "are not favored[.]" Rearden Family Trust v. Wisenbaker, 101 Hawai'i 237, 254, 65 P.3d 1029, 1046 (2003). A motion to set aside a default should be set aside when "the court finds (1) that the nonfaulting party will not be prejudiced by the reopening, (2) that the defaulting party has a meritorious defense, and (3) that the default was not the result of inexcusable neglect or a wilful act." BDM, Inc. v. Sageco, Inc., 57 Haw. 73, 76, 549 P.2d 1147, 1150 (1976). The HSC also noted that there is a distinction between motions to set aside default entries, which courts have more flexibility in granting, than motions to set aside default judgments, which call for the requirements of HRCP Rule 60. Id.
According to the HSC, this was not a typical case where relief from default is denied. Waiola wanted to defend in the cross-claim, "tendered the defense to the AG within a few days of being served, and continued to aggressively pursue representation by the AG thereafter, culminating in the filing of the petition for writ of mandamus." The record also showed that Waiola was under a lot of pressure to find an attorney and could not afford one. Ultimately, the HSC held that the circuit court abused its discretion in denying Waiola's motion to set aside the entry of default.
Justice Acoba's Concurrence and Dissent. Justice Acoba agreed that Ala Loop had a right to enforce this particular statute, but did not agree with the majority's analysis. He simply would have held that Ala Loop had standing to enforce HRS chapter 205. There was no need, according to Justice Acoba, to examine whether Ala Loop had a private right of action and, even if it did have to, the majority was wrong. Justice Acoba believed that while section 9 of Article XI affords people with the "right to a clean and healthful environment," that right is "defined by laws relating to environmental quality" and are "subject to reasonable limitations and regulation as provided by law." Justice Acoba wrote that the majority's construction of the provision was contrary to the framers' intent and that there was no indication that the provision was self-executing. Justice Acoba also took issue with the majority's reliance on legislative reports written after the 1978 constitutional convention which created Art. XI, Sec. 9. See United States v. Texas, 507 U.S. 529, 535 (1993) ("subsequent legislative history is a hazardous basis for inferring the intent of an earlier Congress.").
According to Justice Acoba, Ala Loop have a right to enforce HRS § 205-6 as adjoining landowners. Mahuiki v. Planning Comm'n, 65 Haw. 506, 515, 654 P.2d 874, 880 (1982); E. Diamond Head Ass'n v. Zoning Bd. of Appeals of City and County of Honolulu, 52 Haw. 518, 521-22, 479 P.2d 796, 798 (1971); Dalton v. City and County of Honolulu, 51 Haw. 400, 403, 462 P.2d 199, 202 (1969); and Town v. Land Use Comm'n, 55 Haw. 538, 543-44, 524 P.2d 84, 88 (1974). They also had standing to bring a declaratory judgment action.
Justice Acoba also disagreed that the circuit court abused its discretion in denying Waiola's motion to set aside the default entry.
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Hepaitits C.Addicted docs put patients in peril
[Hepatitis] (HCV New Drugs And Liver Health)Also See: This Blogs 2000-2010/Articles and Videos on theTransmission of HCV in A Clinical Setting Random drug screening urged for health care workers By Tom McGrath Had she been a pilot, or a train engineer, or even a bus driver, chances are someone would have discovered, before it was too late, the demons Kristen Parker was battling. Unfortunately for the people whose lives she would forever alter, Parker was merely a hospital worker. The 26-year-old surgical technician was hired by Rose ...
Also See: This Blogs 2000-2010/Articles and Videos on the
Random drug screening urged for health care workers
By Tom McGrath
Had she been a pilot, or a train engineer, or even a bus driver, chances are someone would have discovered, before it was too late, the demons Kristen Parker was battling. Unfortunately for the people whose lives she would forever alter, Parker was merely a hospital worker.
The 26-year-old surgical technician was hired by Rose Medical Center, in suburban Denver, in the fall of 2008. While she was required to jump through plenty of pre-employment hoops, including a drug test, there was no random drug testing once she landed the job. Which was tragic, because if hospital officials had periodically screened Parker for drug use the way the transportation industry screens millions of its employees every year, they no doubt would have found out the truth sooner.
Despite somehow managing to pass that initial test, Kristen Parker had a drug problem. A very serious drug problem. Her addiction was so severe, in fact, that within a few days of starting her job, she began treating the drugs available in the medical center's operating rooms as her own personal stash.
When doctors and nurses in the OR weren't looking, Parker would quietly steal syringes filled with the narcotic Fentanyl, which is up to 100 times as powerful as morphine, and replace them with syringes filled with saline. At first those replacement needles were new and sterilized. But as Parker's addiction worsened, she became sloppier and more brazen. Soon she was swapping the Fentanyl syringes for dirty needles she'd used to inject herself.
Denver County Sheriff via AP
Surgical technician Kristen Parker, 26, is believed to have exposed nearly 6,000 patients to hepatitis C.
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Horrifying? Absolutely, especially given this fact: The previous summer, while living in New Jersey, Parker thinks she contracted hepatitis C from using dirty needles to shoot herself up with heroin.
Surgical technician Kristen Parker, 26, is believed to have exposed nearly 6,000 patients to hepatitis C.
Parker's behavior eventually aroused suspicions, and she was fired after failing a drug test. But it wouldn't be until June 2009, after Parker had begun working at yet another Colorado medical facility, that Rose officials, along with the state health department, began piecing together the damage she had wrought. Ultimately, they calculated, she had exposed nearly 6,000 patients to hepatitis C.
Unknowing victims
Among those victims is Jake, a 21-year-old Marine who checked into Rose Medical Center in February 2009 to have a suspicious growth in his throat removed. The growth turned out to be benign, but the care he received from Parker was anything but.
Today Jake is in the middle of interferon treatments for his hepatitis C. Twice a day he's required to swallow a handful of pills; once a day he has to inject himself in the stomach. Every day he has a low-grade fever and suffers body aches. And he knows his long journey has just begun.
"The doctors have told me there's no such thing as a cure for hepatitis C," says Jake. "The best-case scenario is that they control it enough that I'm not contagious anymore."
Maybe the scariest part of Jake's story is that in many ways, it isn't so unusual. Scan news accounts from the past few years and you'll find case after case of drug-addled health care workers endangering innocent and completely unknowing patients:
In 2006, a St. Louis surgeon hooked on pain pills poked a hole in the colon of a patient he was operating on, causing so much damage that about 12 inches of the man's colon would later have to be removed.
In 2007, a Pennsylvania dermatologist who was addicted to the powerful pain reliever hydrocodone was arrested by police. Her staff told investigators the doctor was sometimes so zonked out that she had trouble finishing surgery, and that on one occasion a patient was left with part of her nose hanging free because the doctor had missed a stitch.
In 2008, a Massachusetts nurse was sentenced to 4 1/2 years in jail after she had siphoned pain medication from bottles and replaced it with saline. Numerous patients just out of surgery were given the watered-down, completely ineffective drugs.
How could such nightmares occur — particularly in a health system that more than 300 million Americans assume is safe and secure? The short answer: The system isn't nearly as safe and secure as we might like to think
Protecting patientsThat's because doctors and nurses, unlike airline pilots, truck drivers, some big-city firefighters, and other professionals whose performance impacts public safety in the United States, are not required by law or regulation to be randomly screened for drug use. As a result, you have zero guarantee that the surgeon fixing your ACL, or the nurse administering your medication, or even the dentist performing your root canal isn't quietly hooked on something that could inhibit — or completely annihilate — his or her ability to treat you safely and effectively.
"The American public has accepted the idea that a physician works in the patient's best interest. And most physicians do," says Lucian Leape, M.D., a professor of public health policy at Harvard's school of public health and a leading advocate for patient safety. "But in the past 20 years, there's more and more evidence that we have some definite problems."
There's so much evidence, in fact, that Dr. Leape now believes it's time to flip the current arrangement on its head — to move from a system in which patients must blindly trust that the people treating them are drug- and alcohol-free to a system in which health care workers are required to prove, through random and periodic drug testing, that they're drug- and alcohol-free. "I'm very much in favor of random testing," Dr. Leape says. "We have a responsibility to identify problem doctors and bring them into treatment." And to protect patients in the process
But not everyone agrees. In fact, many of the most influential voices in the medical profession are not even paying much attention to the problem. The American Medical Association, for example, has no policy at all on the drug testing of physicians despite numerous examples of patients harmed by substance-abusing doctors. The AMA declined our request to have a medical expert speak on the subject.Meanwhile, although some hospitals have instituted pre-employment drug screening, only a few around the country have implemented a random screening program. Instead, most facilities just blithely assume their workers are drug-free. All of which is disquieting to victims of drug-induced hospital horror stories, like Jake's. "I was always under the impression that an operating room was one of the safest places," he says. He pauses, no doubt contemplating the terror inflicted on him and 6,000 others by Kristen Parker. "I guess I was wrong about that."
Drug testing for doctors?Certainly no one looks forward to the prospect of peeing into a plastic container to prove he or she is fit to do a job. Yet all clinical members of the anesthesia department at Massachusetts General Hospital, one of the country's oldest and most prestigious medical facilities, are required to do exactly that. If their tests come back clean, the residents are free to keep on practicing.If not, a second sample is sent to another certified lab for confirmation. If the second sample is positive, the doctor is steered into treatment for drug use.
This program, along with a similar one that's in effect at the Cleveland Clinic, began in 2004 after a rash of publicity emerged about high addiction rates among anesthesiologists. (A 2005 survey by the Cleveland Clinic Foundation found that 80 percent of anesthesiology residency programs had problems with drug-impaired residents.) "Some view it as an invasion of privacy. But others feel we have the safety of the public in our hands, just like bus drivers and pilots do," says Michael Fitzsimons, M.D., the Massachusetts General anesthesiologist who is the driving force behind the testing program. "And because of that, we not only have to be drug-free, but also have to prove we're drug-free."
The results of the program should give confidence to patients — at least those patients who have dealings with Mass General anesthesiology trainees. According to a study in the journal Anesthesia & Analgesia, four cases of substance abuse among Mass General anesthesiology residents were reported in the 6 years prior to the program's launch; in the 4 years after the launch, the number of cases fell to zero. None. The very prospect of being tested, it seemed, had changed doctors' behavior.That's one reason Dr. Fitzsimons would like to see the program expanded to all doctors. While anesthesiologists have received most of the attention when it comes to addiction, the truth is that substance abuse is a problem throughout the medical profession. Not only are doctors five times more likely than the rest of us to abuse prescription drugs, but studies also have found that up to 15 percent of health care professionals will battle a substance abuse problem during their careers.
Of course, from the public's point of view, the real problem isn't the number of doctors and nurses who become addicted; it's that without testing to flag drug or alcohol use, it's far too easy for those addicted doctors and nurses to keep on practicing medicine.
Take Mike, for example, a beefy dentist from a small community in the South. For much of the past decade, patients have shown up at his office completely unaware that on some mornings he was still drunk from the night before. "I've practiced hung over and didn't do right by my patients," he says one morning in a group session at the Florida Recovery Center, a facility specializing in addiction treatment and rehab for professionals, including health care workers. "I have that guilt and that shame."
Or consider David, a pediatrician from the Washington, D.C., area. After his wife complained about his heavy drinking, he did what to him seemed only logical: He brought his booze to the office. At first he wouldn't have a drink until the end of the day, after he'd finished seeing patients. "But the clock slowly starts to get pushed back a little bit," he says. "First you're not going to drink before 5:30, then it's 4:30, then it's 2:30, then it's, 'Why not just be a little high all the time?' " He finally decided to seek help when one afternoon, with kids outside in his waiting room, he was so drunk he couldn't stand up from his desk.
Ironically, David, who's now retired, spent his career working for the U.S. government, which drug-tests more people than any employer on earth. But as a physician with the National Institutes of Health, he was never screened in more than 30 years of practice. Would it have made a difference? He gives an answer common among addicted health care professionals: "Absolutely. It would have forced me into treatment earlier."
Doctors' statusThe notion of workplace drug screening as a way to protect the public first gained momentum in the 1980s; it was a Reagan-era response to the rise of casual drug use. President Ronald Reagan himself signed an executive order in 1986 mandating drug screening of all federal employees. Over the next several years, the private sector followed suit, with workplace testing at companies spiking more than tenfold between 1987 and 1993.The practice wasn't without controversy — some employees and civil libertarians said it violated privacy rights — but the courts have generally ruled in favor of drug screening for people who hold jobs that may pose a threat to public safety, and the public seems to have accepted the idea of giving up some rights in exchange for greater safety and security.
So given the tenor of the times, not to mention the life-and-death nature of what health care workers do, how have most of them managed to have the specimen cup pass them by? In part, the reason may be the lack of a high-profile disaster drawing attention to the cause — as was the case with the transportation industry. It was in 1987, after a fatal Conrail accident in which the brakeman and engineer were both found with traces of marijuana in their urine and blood, that transportation secretary Elizabeth Dole proposed a regulation for mandatory random testing for everyone in safety-sensitive positions, including airline pilots and transit drivers.
"When we board an airplane, train, or bus, or drive our cars on the highway, we literally put our lives in the hands of others," Dole said at the time. "The abuse of drugs and alcohol by transportation workers... is a life-threatening violation of that trust."
The irony is that while the following year 6 percent of rail workers tested positive for drugs, a Harvard survey 2 years earlier had found that about 10 percent of doctors regularly used drugs once a month or more. Which points to another reason doctors have avoided testing: status.The government and the public seem to have little problem telling a blue-collar subway engineer to offer up his urine, but we've been far more hesitant to put the same demands on a Harvard-trained oncologist or a Johns Hopkins cardiologist. Indeed, in 1990, officials at Hopkins announced a plan to randomly test all their physicians for drugs — only to drop the plan several months later after the doctors objected to it. "There's a long history of professionalism when it comes to medicine," says Harvard's Dr. Leape, "and the public has generally accepted the idea that physicians are self-regulating." To its credit, the medical profession hasn't completely ignored addiction among its members. Since the 1970s, most states have had Physicians' Health Programs, or PHPs.
These government-supervised plans allow doctors with addiction problems to receive treatment, confidentially and without disciplinary action, provided they come forward voluntarily. On one level, PHPs have been remarkably successful: A study published last year in the Journal of Substance Abuse Treatment found that 5 years after treatment, 78 percent of physicians who had participated in PHPs remained clean and sober — a rate four times higher than that of most rehab patients.
That said, there's clear evidence that PHPs alone simply don't do enough to protect the public, starting with lax oversight of the 22 percent of doctors who relapse. After two external audits in a 2 1/2-year period revealed serious problems, including inadequate monitoring of participating physicians, the California Medical Board decided to disband the state's PHP in 2007. "The purpose of the program was supposed to be protection of the public, not physicians," says Julianne D'Angelo Fellmeth, administrative director of the Center of Public Interest Law at the University of San Diego, who conducted one of the audits. "There are some doctors who don't want to recover. They want to maintain their licenses and their addictions."
What's more, unlike random drug screening programs, PHPs come into play only after the fact — after a doctor acknowledges that he or she has an addiction problem. For many patients, that's too late.Thinking twiceIn one case, between the fall of 2002 and the summer of 2004, a Pennsylvania man named Terry Golden, who was having urinary problems, went to see Milan Smolko, M.D. Several times Dr. Smolko examined Golden, ran tests, and, finding nothing amiss, sent him home. What Golden didn't know was that Dr. Smolko was addicted to the narcotic oxycodone (sold as OxyContin). In time, the doctor's addiction became so severe that he began obtaining prescriptions from another physician for a different narcotic. As a result, he missed what any doctor in his right mind would have seen: Terry Golden had bladder cancer. He died in early 2008, at the age of 60.
And Dr. Smolko? His license was eventually suspended. The jury that found him guilty of malpractice for failing to diagnose Golden's cancer awarded his widow $1.88 million. (The decision is currently under appeal.) In addition to privacy concerns, people who oppose drug testing of doctors typically cite a variety of practical problems, including the unreliability of drug tests and the high cost of screening everyone."It's an incredibly expensive proposition," says Martin Donohoe, M.D., an Oregon-based physician who has spoken out against random screening. Dr. Donohoe notes that the federal government spends between $35,000 and $75,000 for every drug user it finds among its employees. And since most people who test positive are moderate drug users and not abusers, says Dr. Donohoe, the cost of weeding out a single addict who might pose a real threat to the public could range from $700,000 to $1.5 million.
But Dr. Donohoe's argument ignores two points: First, addicted doctors who make mistakes are themselves incredibly expensive, not only in terms of the mistakes and malpractice judgments but in lost human life. Second, the point of random screening isn't merely to weed out drug users; it's to make people think twice about using drugs in the first place. And there's evidence that testing does that. Screening of transportation workers has drastically reduced the number of substance abuse cases in that industry. And in the case of doctors themselves, addiction researcher Mark Gold, M.D., says that the main reason PHPs have four times the success rate of average rehab plans is because active supervision and random urine testing keeps the consequences in the physician's mind.
For a doctor, who faces the loss of money, patients, and status, "that's powerful behavioral intervention," says Dr. Gold. "It keeps you on alert." One person who'd gladly offer up his urine is Jake, the Marine now afflicted with hepatitis C. Between treatments, he has been studying to become an EMT. When he learned that, like nearly every other health care worker in America, he would never be subjected to random drug screening, he had a simple reaction. "That," he says, "is ridiculous."Read more: http://today.msnbc.msn.com/id/37396390/ns/health-addictions/page/3/#ixzz0rme8mnWz
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SUPREME COURT ATTORNEY (Levels A - D or Senior (downtown / civic / van ness)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in SF bay area)SUPREME COURT OF CALIFORNIA 350 McAllister Street San Francisco, California 94102 Web site: www.courtinfo.ca.gov/careers EMPLOYMENT OPPORTUNITY JOB TITLE: SUPREME COURT ATTORNEY (Levels A - D or Senior) LOCATION: SAN FRANCISCO, CALIFORNIA JOB REQ#: 3553 OVERVIEW The California Supreme Court, located in San Francisco, is accepting applications for a Supreme Court Attorney - Capital Central Staff. Capital Central Staff attorneys assist the Court ...
SUPREME COURT OF CALIFORNIA
350 McAllister Street
San Francisco, California 94102
Web site: www.courtinfo.ca.gov/careers
EMPLOYMENT OPPORTUNITY
JOB TITLE: SUPREME COURT ATTORNEY (Levels A - D or Senior)
LOCATION: SAN FRANCISCO, CALIFORNIA
JOB REQ#: 3553
OVERVIEW
The California Supreme Court, located in San Francisco, is accepting applications for a Supreme Court Attorney - Capital Central Staff. Capital Central Staff attorneys assist the Court in reviewing and processing appeals and habeas corpus petitions and related motions filed in the Supreme Court following the imposition of a judgment of death in the Superior Court.
This position will be staffed at a level commensurate with the qualifications of the selected individual.
RESPONSIBILITIES
Review briefing in automatic appeals and habeas corpus matters and prepare memoranda that evaluate the issues, analyze the law applicable thereto, and offer recommendations for proper disposition;
Prepare and review memoranda to the court concerning motions relating to both automatic appeals and habeas corpus petitions;
Recommend and draft proposed changes in the court's published and internal policies and other written material to assist the court in responding to new legislation and judicial decisions;
Provide advice and assistance to the court for improving the fair and efficient processing of all aspects of capital matters;
Consult with attorneys and/or professional staff regarding capital and case related issues;
Attend oral arguments;
Serve on court committees as required; and
Conduct special legal research and assignments when requested, including editing of work prepared by court externs.
QUALIFICATIONS
Members of the Capital Central Staff are expected to possess exceptional research, analytical, and writing skills; familiarity with appellate practice and procedure; mature and sound judgment; and the ability to work both independently from, and cooperatively with, other members of the court's staff, subject to both the immediate and the ultimate direction by the individual justices.
Level A: Active membership in the State Bar of California.
Level B: Active membership in the State Bar of California and the equivalent of two years of post-bar legal experience in a legal setting such as a private law practice, corporation, government agency, law school, court, or legal publishing company
OR
Equivalent to two years of post-bar legal experience in a legal setting as described above, including one year of experience as an appellate attorney, Level A, with the judicial branch.
Level C: Active membership in the State Bar of California and the equivalent of three years of post-bar legal experience in a legal setting such as a private law practice, corporation, government agency, law school, court, or legal publishing company.
OR
One year of experience as an appellate attorney, Level B, with the judicial branch.
Level D: Active membership in the State Bar of California and the equivalent of four years of post-bar legal experience in a legal setting such as a private law practice, corporation, government agency, law school, court, or legal publishing company.
OR
One year of experience as an appellate attorney, Level C, with the judicial branch.
Senior: Active membership in the State Bar of California and the equivalent of six years of post-bar legal experience, including substantial appellate experience, in a legal setting such as a private law practice, corporation, government agency, law school, court, or legal publishing company.
OR
Two years of experience as an appellate attorney, Level D, with the judicial branch.
For all levels: Work experience as a law clerk to a federal judge after passing a state bar but prior to formal state bar admission will be considered equivalent to post-bar legal experience.
For external candidates for the Senior Supreme Court Attorney class, the Chief Justice must certify that the candidate possesses substantial appellate experience.
Please Note: If you are selected for hire, the Supreme Court will require verification of employment eligibility or authorization to legally work in the United States
DESIRABLE QUALIFICATIONS
Broad and practical experience in criminal law; appellate, habeas corpus, and motion experience; familiarity with death penalty law, including appeals, habeas corpus, and related motions; experience in drafting policies, letters, and similar documents; managerial and/or supervisory skills; proven editorial ability; familiarity with court procedures; high academic achievement.
HOW TO APPLY
To ensure consideration of your application for the earliest round of interviews, please apply by July 16, 2010, however this position will remain open until filled.
To complete an online application, please visit our Web site at www.courtinfo.ca.gov/careers and search for Job Req-3553, Supreme Court Attorney, Levels A D, Senior
This position requires the submission of our official application, resume, response to a supplemental questionnaire and writing sample.
To obtain a printed application, please download a copy from the Careers page on our website under the Special Access and Application Help section OR visit:
California Administrative Office of the Courts
455 Golden Gate Avenue, 7th Floor
San Francisco, California 94102-3660
415-865-4272 Telecommunications Device for the Deaf
PAY AND BENEFITS
SALARY RANGES: Levels A-D, SENIOR ($5,174 - $11,970 per month)
(Starting level and salary commensurate with experience)
Level A Supreme Court Attorney: Salary: $5,174 per month
Level B Supreme Court Attorney: Salary: $6,262 - $7,955 per month
Level C Supreme Court Attorney: Salary: $6,883 - $8,748 per month
Level D Supreme Court Attorney: Salary: $7,925 - $10,575 per month
Senior Supreme Court Attorney: Salary: $8,969 - $11,970 per month
Some highlights of our benefits package include:
Health/Dental/Vision benefits program
13 paid holidays per calendar year
Choice of Annual Leave or Sick/Vacation Leave
1 personal holiday per year
$120 transit pass subsidy per month
CalPERS Retirement Plan
401 (k) and 457 deferred compensation plans
Employee Assistance Program
Basic Life and AD&D; Insurance
FlexElect Program
Long Term Disability Program (employee paid/optional)
Group Legal Plan (employee paid/optional)
The Supreme Court of California is an Equal Opportunity Employer
SUPPLEMENTAL QUESTIONNAIRE for SUPREME COURT ATTORNEY, LEVELS A D, SENIOR (Job Req# 3553)
In order to better assess the qualifications of each applicant, we ask that you respond to the following questions.
1. Extensive independent research, analysis and writing on complex legal issues are required. Please describe your relevant experience in performing comparable work.
2. Please provide a short statement, not to exceed one page, of why your legal background qualifies you to serve as a Capital Central Staff attorney and why you are interested in the position.
3. Please provide your date of admission to the State Bar of California.
4. Please provide a writing sample.
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Senior Field Organizer (Capitol Hill)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in washington, DC)SENIOR FIELD ORGANIZER FOR GLOBAL TRADE WATCH Public Citizen Organizational Profile: Public Citizen is a national, nonprofit consumer advocacy organization founded in 1971 to represent consumer interests in Congress, the executive branch and the courts. We fight for openness and democratic accountability in government; for social and economic justice in globalization and trade policies for clean, safe and sustainable energy sources; for strong health, safety and environmental protections; ...
SENIOR FIELD ORGANIZER FOR GLOBAL TRADE WATCH
Public Citizen Organizational Profile: Public Citizen is a national, nonprofit consumer advocacy organization founded in 1971 to represent consumer interests in Congress, the executive branch and the courts. We fight for openness and democratic accountability in government; for social and economic justice in globalization and trade policies for clean, safe and sustainable energy sources; for strong health, safety and environmental protections; for safe, effective and affordable prescription drugs and health care and for the right of consumers to seek redress in the courts;. We have six divisions based in our Washington, DC offices and an office in Texas. For more information, see our website: www.citizen.org
Global Trade Watch Profile: Global Trade Watch (GTW), a division of Public Citizen, promotes democracy by challenging corporate globalization, arguing that the current globalization model is neither a random inevitability nor free trade. Our work seeks to make the measurable outcomes of this model accessible to the public, press, and policy-makers, while emphasizing that if the results are not acceptable, then the model can and must be changed or replaced. GTW works on an array of globalization issues, including health and safety, environmental protection, economic justice, and democratic, accountable governance. Global Trade Watch's mission is to ensure that in this era of globalization, a majority have the opportunity to enjoy America's promises: economic security, a clean environment, safe food, medicines and products, access to quality affordable services such as health care and the exercise of democratic decision-making about the matters that affect their lives. For more information, please see our website: www.citizen.org/trade or www.tradewatch.org
General Description: The Field Organizer helps to develop and implement grassroots strategies and campaigns to support the legislative initiatives of Public Citizens Global Trade Watch in targeted states and regions in the United States and also includes some outreach to international labor and civil society allies in countries with which the U.S. government is negotiating or has a trade agreement. Specifically, this position organizes opposition to the current NAFTA/WTO trade model and attempts to expand it through various Free Trade Agreements and the Doha Round WTO expansion agenda by exposing its impact on policies related to workers rights, immigrant rights, environmental protection, health care regulation and more. Additionally, this position builds demand for an alternative approach to trade policy; holding President Obama and members of congress accountable to their reform pledges made on the campaign trail and building support for the Trade Reform, Accountability, Development and Employment (TRADE) Act, legislation that represents a way forward to a new trade and globalization agenda.
Specific Responsibilities:
1. Work with the Deputy Director and the rest of the GTW team to plan, develop and implement public education and issue advocacy campaigns.
2. Outreach to potential allies by phone, e-mail and other communication to inform and mobilize them.
3. Through the above means of communication, and occasional travel to target states, carry out grassroots organizing and coalition building with individuals and organizations. Work with local activists to implement state and local calling, letter writing, events and media strategies.
4. Build and maintain relationships with allies in developing an developed countries involved in trade negotiations or pacts with the United States, communities of color, the immigrant rights community, labor, students, environmental, human rights and faith activists, family farm and food groups, and others.
5. Prepare organizing materials, issue updates, action alerts, and media materials needed to implement issue campaigns in coordination with Deputy Director.
6. Respond to information requests and serve as general point of contact for local activists in assigned states and for international allies in specific countries as assigned.
7. Monitor developments in negotiations of international agreements as assigned.
8. Maintain and provide content for relevant listserves.
9. Provide administrative support as needed, such as team preparations of signs for protests, major mailings, creation of stunts and props and more.
10. Assist in maintaining a national database of activists, organizations and key contacts.
11. Other duties as assigned.
Requirements:
1. Education: College degree preferred. Organizer training (Green Corps, Center for Third World Organizing, Midwest Academy, etc.) preferred.
2. Knowledge: Familiarity with globalization issues, labor unions, immigrant community organizations and other civil society groups and congressional procedures.
3. Work Experience: At least three years of strategic advocacy and organizing and/or electoral experience at the state, national or international level.
4. Skills: Excellent written and oral communication skills; good motivational and interpersonal skills; well organized; good computer skills; fluency in a second language preferred, particularly Spanish, French, Cantonese or Mandarin.
5. Capabilities: Ability to work well with a wide range of people; to work independently as well as in coalition; to work well under pressure; and to adapt to changing situations on a daily basis.
6. Conditions: Long hours possible when Congress is in session; some travel required.
Public Citizen is an equal opportunity employer. Public Citizen employees are proud members of SEIU Local 500.
To apply: Please send a cover letter, resume and writing sample to applicant@citizen.org. No phone calls please.
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Zero Hour
[Tech] (urShadow's Blog)The ruins of Germany, April 16, 1945 What does it take to rebuild a war-torn nation, to fashion a democracy given only the remnants of dictatorship? It's a question that the American-led coalition in Iraq is still trying to answer. It's also a question that America has answered before, nearly 60 years ago, when Nazi Germany fell. How the Allies Prevailed in Postwar Germany Ask most Americans about the occupation of Germany after World War II, and they'll probably tell you about the Marsha ...
The ruins of Germany, April 16, 1945
What does it take to rebuild a war-torn nation, to fashion a democracy given only the remnants of dictatorship? It's a question that the American-led coalition in Iraq is still trying to answer. It's also a question that America has answered before, nearly 60 years ago, when Nazi Germany fell.
How the Allies Prevailed in
Postwar Germany
Ask most Americans about the occupation of Germany after World War II, and they'll probably tell you about the Marshall Plan and Berlin Airlift. But the Marshall Plan didn't pass Congress until April 2, 1948, and the Soviets didn't blockade West Berlin until June 1948--three years after Germany's unconditional surrender in May 1945. So, what did Allied occupiers do before 1948?
Win Big
From 1939 to 1945, Nazi Germany waged total war. In 1945, the nation faced total defeat. An estimated 3.5 million German soldiers were dead or missing, along with some 750,000 civilians. Millions more were crippled or imprisoned. Food was scarce. Inflation was rampant. Refugees were everywhere. Allied bombs had flattened 25 percent of Germany's available housing. An entire district in Hamburg had to be walled in to prevent the spread of diseases from the corpses piled there.
The Germans coined the phrase "zero hour" to describe their situation. Everywhere they looked, they saw destruction. They also saw plenty of Allied troops. On V-E Day, General Eisenhower had 61 U.S. divisions (over 1.6 million men) inside Germany, and what remained of the German army (and people) were anxious to surrender to Eisenhower's GIs rather than face the Soviet Red Army rolling in from the east.
Despite a relatively orderly surrender following Adolf Hitler's suicide on April 30, 1945, the Allies expected to face considerable post-combat resistance. So when the Joint Chiefs of Staff created the Occupation Military Government, United States (OMGUS), one of its stated objectives was to "impress the Germans with their military defeat and the futility of further aggression." Evidently, the Germans were suitably impressed. According to a recent Rand Corporation study, the total number of post-conflict combat-related deaths in Germany was zero.
Start Small
Given the scale of Nazi atrocities during the war years, few sympathized with the Germans' plight at "zero hour." Before the war was over, the Soviets, who lost an estimated 18 million people in World War II, argued that Germany should never again have full sovereignty. The French tended to agree, as did many in the U.S. government.
The country and Berlin, its capital, were each divided into four zones of military occupation, with the major Allied powers--the United States, Great Britain, France, and the Soviet Union--each assuming control of a zone. Still, the Allies agreed in 1945 that "all democratic political parties with rights of assembly and of public discussion shall be allowed and encouraged throughout Germany." They also agreed to create local self-government "on democratic principles . . . as rapidly as is consistent with military security," and to build up regional and state governments later.
Within the U.S. sector, these goals spurred grassroots efforts to develop the civil society necessary for democracy. The remnants of pre-Nazi German political parties re-emerged. At first, political parties could operate only at the county level, but soon they were authorized at the state level as well. Elections in small communities (less than 20,000 people) were scheduled in January 1946, with elections in larger communities a few months behind. As early as June 1946, a council of state-level ministers, the Landerrat, had become an important executive arm of the OMGUS.
In 1947, the United States and Great Britain combined the German administrative institutions within their zones, forming "Bizonia" to stimulate further economic and political recovery. The French joined the federative festivities in 1949, just before the Germans themselves voted the Federal Republic of Germany (West Germany) into being. The Soviets did not allow free elections within their zone.
Be Practical
As the Western occupiers transferred more and more authority back to the German people, they tried to ensure that they weren't just handing power back to former Nazis. They weren't always successful. Of some 5 million Nazi suspects, the Allies' special courts tried only 225,000. They convicted and punished even fewer. Only a handful--those most responsible for driving the Nazi war machine, and for murdering 6 million Jews--were tried by the special International Military Tribunal in Nuremberg.
The Nazi party was crushed, disbanded, and outlawed, but many bureaucrats, businesspeople, and other former rank-and-file party members soon resumed jobs and lives similar to those they had before the war. In December 1945, Allen W. Dulles, Bern Station Chief for the Office of Strategic Services, saw little choice to employing at least some former Nazis:
When we discover someone whose ability and politics are alike acceptable, we usually find as we did in one case that the man has been living abroad for the past ten years and is hopelessly out of touch with the local situation. We have already found out that you can't run railroads without taking in some Party members.
In the dozen years of dictatorial Nazi rule, most Germans had joined the party or one of its organizations, whether through conviction, convenience, or compulsion. Still, if most Germans were complicit in Nazism during the war, most were also complicit in its eradication after. Within five years, the people of West Germany had effectively turned their backs on totalitarianism, voted a new nation into existence, and freely chosen their first leaders.
By then, of course, the Allies had saved West Berlin from a Soviet blockade, and the United States had allocated $13 billion in Marshall Plan funds, helping to fire Germany's Wirtschaftswunder ("economic miracle") of the 1950s. The old war was over. The Cold War had just begun.
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Memphis Criminal Laws and Understanding the Appeal Process
[Law] (Lawyers.com Blog)The losing party in any legal battle involving federal courts normally has the right to appeal the decision to the federal court of appeals. Judicial review in some cases that involve specific agencies or programs can first be obtained in a district court rather than by progressing directly to an appeals court.When the case in question is a civil case, either side can appeal the verdict. However, in criminal cases, such as a Memphis criminal defense, only the defendant can appeal a guilty verd ...
The losing party in any legal battle involving federal courts normally has the right to appeal the decision to the federal court of appeals. Judicial review in some cases that involve specific agencies or programs can first be obtained in a district court rather than by progressing directly to an appeals court.
When the case in question is a civil case, either side can appeal the verdict. However, in criminal cases, such as a Memphis criminal defense, only the defendant can appeal a guilty verdict. The government has no right to appeal a verdict of not guilty. Either side in a criminal case has the right to appeal regarding the sentencing imposed following a guilty verdict.
Many bankruptcy courts in the United States also allow appeals of rulings by bankruptcy judges to be filed with the district court. Many courts of appeals have established what is known as a Bankruptcy Appellate Panel, which consists of three bankruptcy judges who hear bankruptcy-related appeals. Whichever party loses the initial decision in a bankruptcy-related case has the right to appeal that decision.
Someone who files an appeal is known in legal terms as an appellant, and is legally obligated to demonstrate how the trial court or administrative agency that made the original ruling in a case made a legal error that affected the decision. The appeals court then makes its decision based on the case record established by the trial court or agency. No additional evidence may be presented, and no additional witnesses may be heard.
A court of appeals may also review factual findings of the original trial court or agency, but in many cases the court will only overturn the original decision on factual grounds, and then only if the original findings were clearly incorrect.
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News from Native American Netroots
[First Nations] (Native American Netroots - Front Page)Cross Posted at DailyKos Welcome to News from Native American Netroots, a Sunday evening series focused on indigenous tribes primarily in the United States and Canada but inclusive of international peoples also. A special thanks to our team for contributing the links that have been compiled here. Please provide your news links in the comments below. Arizona law draws widespread indigenous opposition PHOENIX - A controversial new state anti-immigration law has many American Indians alarmed ...
Welcome to News from Native American Netroots, a Sunday evening series focused on indigenous tribes primarily in the United States and Canada but inclusive of international peoples also.
A special thanks to our team for contributing the links that have been compiled here. Please provide your news links in the comments below.
Arizona law draws widespread indigenous opposition
PHOENIX - A controversial new state anti-immigration law has many American Indians alarmed that tribal sovereignty has been violated, with the looming possibility that individual liberties will be threatened.
The law, S.B. 1070, makes it a crime to be in Arizona illegally, and it requires police to check suspects for residency paperwork. It also bans people from soliciting work or hiring day laborers off the street.
The state's legislature passed the bill in late-April, with Republican Gov. Jan Brewer signing it into law shortly thereafter.
Activists Seeking End to Border Militarization Lockdown & Occupy Border Patrol Office in Tucson, AZ
Tucson, AZ - At approximately 1:00PM Friday, May 21, 2010 more than a dozen people occupied the Tucson Headquarters of the US Border Patrol to draw attention to impacts of border militarization in Indigenous Communities.
Choctaws return to Moundville for NAGPRA conference
All stood as the four flags were carried through the room, history was made as the colors of the United States, the Choctaw Nation of Oklahoma, the Mississippi Band of Choctaw and the Jena Band of Choctaw Indians were posted together for the first time. The NAGPRA Consultation Conference in Moundville, Ala., May 19-21, opened lines of communication between tribes, archaeologists, anthropologists and caretakers of historical landscapes with an interest in the Choctaw people and their history.
NAGPRA (the Native American Graves Protection and Repatriation Act) was passed in 1990, and established procedures for Tribes to reclaim from museums and other federal institutions Native American human remains and grave goods that have been removed from the earth and stored. These procedures include protocols for Tribal representatives to consult with archaeologists and other officials in order to repatriate the remains, so that they can be brought back home and reburied. This conference, held at Moundville, a major ancestral southeastern village site, brought together the historic preservation staffs from the three federally recognized Choctaw Tribes, with anthropologists and museum staff memebers to discuss Choctaw origins, early history, and the repatriation of Choctaw remains under NAGPRA.
Dakota Homecoming focuses on mending the past
WINONA, Minn. - In Winona, no one wants to recreate the past 150 years. Those were times of turmoil, when the Treaty of 1862 was signed with the federal government. Battles between settlement-minded Minnesotans and the Dakota bands broke out regularly. Meanwhile, skirmishes amongst the Indians erupted over choosing to stay, fight or leave the area. This all played out along the banks of the mighty Mississippi River.
Looking back in this small southeast Minnesota town can be a tricky feat. But the town of Winona will kick off its sixth annual event, the Dakota Homecoming, June 5 - 6, and city officials hope it will buttress race relations between the Dakota peoples and its present-day inhabitants.
Every event at the two-day festival is meant to cement that which was torn apart by events that unfolded long ago. The homecoming features dance performances by Dakota peoples, youth outreaches, group camping, art exhibits and community meals. The two sides will gather in the newly built Unity Park and work to patch their common past.
SD Tribes Get Say in Missouri River Study
FORT PIERRE, S.D. (AP) - The federal agency that manages the Missouri River needs to hold meetings on American Indian reservations along the river to get tribal members' views on a five-year study of the tributary, representatives of several South Dakota tribes said Wednesday.
Native American tribal councils and elders who were alive when the dams were built a half-century ago should get a chance to hear about the study in face-to-face meetings, representatives told officials of the U.S. Army Corps of Engineers.
"I do want somebody to come to my tribe and explain this," said Bob Walters, a member of the Cheyenne River Sioux Tribal Council.
State Auditor Blasts Bernalillo Public Schools: District Classified As ?High Risk'
The state auditor has classified Bernalillo Public Schools as "high risk" for misusing federal funds and questionable overtime and stipend payments.
State Auditor Hector Balderas said in a phone interview with the Journal that the district is at risk for fraud, embezzlement and other abuses of taxpayer money.
Superintendent Barbara Vigil-Lowder said the district has taken steps to resolve Balderas' concerns. The school board voted against renewing her contract in March. Her last day is June 30.
Confusion, Mistrust Mar Indian Land Redress
Shirley Butterfly DeVolve inherited 52 acres on Montana's vast Blackfeet Indian Reservation when her father died in 1980.
The problem is, a part of an acre is on this ridge, a fraction of an acre in that valley, one-hundredth of an acre here and there. Dozens of relatives own tiny adjacent parcels, making it difficult for anyone to use or sell the land.
DeVolve, 57, has a map of the parcels, much of it leased for decades by the federal Bureau of Indian Affairs to private interests for cattle grazing. But the federal government - which serves as trustee for some 56 million acres of land owned by tens of thousands of American Indians and Alaska Natives - seldom sent checks, DeVolve said.
High court orders 24-member council election to proceed
The Navajo Nation Supreme Court, in its most wide-ranging decisions in its history, on Friday changed the course of Navajo history forever.
In the most anticipated announcement in recent times, the court upheld the special election that reduced the Navajo Nation Council to 24 members, took away the power of the council to put the president on administrative leave and threw out council-approved law that prohibited the courts from using Navajo Fundamental law in making its decisions.
Cash woes stall wildfire protection at B.C. native reserves
A federal program to fight British Columbia's unprecedented mountain pine beetle infestation has wrapped up, marking the end of a $400-million commitment that funded everything from brush removal to airport runways.
But projects to reduce the threat of wildfires by clearing brush around remote native communities are far from finished - and are stalling over a lack of money to carry them out, the head of the First Nations Forestry Council says......
Several native communities were among those evacuated or placed on evacuation alert in 2009, when hot, dry conditions created perfect wildfire conditions and helped push the provincial firefighting budget to a record-breaking $403-million.A helping hand, far from home, in a time of need
The narrow staircase leading down to the basement has fewer than a dozen steps but getting to the bottom can be a difficult task.
"It's not that fancy, but it's cozy and comfortable," Jessica Yee says as she walks past a basement bedroom in a hallway stacked with plastic storage containers and a portable closet stuffed with clothes.
Black birds, flying on the wind through bright red leaves, are stenciled on the wall above the concrete floor.Only a handful of girls and women have made it this far...
Their histories and realities have varied - they ranged from 14 years old to about twice that age; some were mothers already and some were not - but besides being female they all have at least four things in common.
They came from remote rural communities. They were Aboriginal. They were pregnant. They did not want to be.
Aiming to improve the classroom performance of its Native American students, Sioux Falls will inject Native culture into the elementary curriculum and forge stronger ties between the schools and the community.
The plans will develop over the next two years. Administrators hope to replicate the success of a similar effort in Montana, which produced significant gains in math and reading test scores.
The district already has stand-alone Native American Connections classes at the middle and high schools. The elementary school program will be different, incorporating Native American history and traditions into regular classes.
The oil spill fouling the Gulf of Mexico has handed a public-relations weapon, and possibly some legal ammunition, to opponents of a plan to export crude oil by tanker from a port on B.C.'s rugged Pacific Coast.
Enbridge filed its environmental application Thursday for the Northern Gateway pipeline, which could move up to 525,000 barrels a day of oil produced from the vast tarsands in northern Alberta to the port of Kitimat by 2016.
Opponents of the $5.5-billion project aimed at exporting tarsands crude to world markets, especially Asia, say it creates the risk of a major spill in a sensitive coastal region that attracts tourists from around the world and is often referred to as the Great Bear Rainforest.
Native chiefs cut down celebrated forestry deal
Manitoba aboriginal leaders demanded a historic deal protecting millions of hectares of forest be torn up or they would prevent firms from logging on native land.
Ten First Nations in Manitoba have land that is part of last week's Boreal Forest Agreement between 21 lumber companies and nine environmental organizations.
Manitoba Keewatinowi Okimakanak Grand Chief David Harper said MKO would tell those First Nations to suspend any deals with logging companies unless they drop out of the deal.
The defenders of sacred Eagle Rock sat in a circle and wept as they were surrounded by dozens of heavily armed state and local police officers who raided the Eagle Rock encampment the morning of May 27 arresting two campers at the request of Kennecott Eagle Minerals, who wasted no time destroying the month-old camp to make way for their nickel and copper mine.
Witnesses say there were about six people at Eagle Rock when police moved in including four campers who had spent the night and two supporters who arrived with a warning the raid was imminent. Armed with high-powered rifles, Michigan State Police and mine security could be seen atop Eagle Rock scanning the vast Yellow Dog Plains with binoculars apparently looking for trespassers.
Two handcuffed campers, who refused to leave when ordered by police, were taken away by sheriff's deputies and driven nearly one hour to the Marquette County Jail and were released on bond. Arrested were Keweenaw Bay Indian Community members Chris Chosa, 28, and Charlotte Loonsfoot, 37, both of Baraga, Mich.
Marc Yaffee leading Native American comedy wave
It's an unofficial title, but comedian Marc Yaffee walks among the Kings of Native American Comedy.
He'd tell you it's among the last of the comedy frontiers. He'd also tell you that times are changing.
A Showtime special last December, "Goin' Native: The American Indian Comedy Jam," announced Yaffee and his fellow comics had finally arrived.
"The population is so small," Yaffee said. "We're like a small splash in a big pond, but for Native comics it's been a huge deal. We get a lot of recognition wherever we go. We're very excited and proud about that. It's been a very positive experience."
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The White House/New Black Panther Party stonewall
[Right-Wing, Politics] (Michelle Malkin)The Sestak scandal is just one piece of the Democratic culture of corruption puzzle — and the White House denials are just more thick pieces of the Great Stone Wall of Obama. Case in point: I’ve covered DOJ/AG Eric Holder’s obstructionism in the New Black Panther Party case since June 2009. The indefatigable Judicial Watch ...
The Sestak scandal is just one piece of the Democratic culture of corruption puzzle — and the White House denials are just more thick pieces of the Great Stone Wall of Obama.
Case in point: I’ve covered DOJ/AG Eric Holder’s obstructionism in the New Black Panther Party case since June 2009. The indefatigable Judicial Watch continues to press for information. After repeated attempts to acquire documents through stymied FOIA requests, Judicial Watch is taking DOJ to court:
Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has filed a Freedom of Information Act (FOIA) lawsuit against the Obama Justice Department to obtain documents related to the agency’s decision to dismiss the claims against several members of the New Black Panther Party for Self-Defense who were accused of engaging in voter intimidation during the 2008 presidential campaign (U.S. v. New Black Panther Party for Self-Defense).
Judicial Watch filed its original FOIA request on May 29, 2009. The Justice Department acknowledged receiving the request on June 18, 2009, but then referred the request to the Office of Information Policy (OIP) and the Civil Rights Division. On January 15, 2010, the OIP notified Judicial Watch that it would be responding to the request on behalf of the Offices of the Attorney General, the Deputy Attorney General, Associate Attorney General, Public Affairs, Legislative Affairs, Legal Policy, and Intergovernmental and Public Liaison.
On January 15, the OIP also indicated that the Office of the Associate Attorney General found 135 pages of records responsive to Judicial Watch’s request, but that all records would be withheld in full. On January 26, the OIP advised Judicial Watch that the Office of Public Affairs and Office of Legal Policy completed their searches and found no responsive documents. On February 10, the Justice Department’s Civil Rights Division indicated that after an extensive search it had located “numerous responsive records” but determined that “access to the majority of the records” should be denied. On March 26, the OIP indicated that the Office of Legislative Affairs and the Office of Intergovernmental and Public Liaison completed searches and found no documents.
Judicial Watch appealed the determinations of the Office of the Associate Attorney General and the Civil Rights Division. To date, Judicial Watch has received neither a response regarding searches conducted by the Offices of the Attorney General and Deputy Attorney General, nor responses to its two administrative appeals prompting its lawsuit. The U.S. Commission on Civil Rights, an independent, bipartisan unit of the federal government charged with investigating and reporting on civil rights issues, has also initiated a probe of the Justice Department’s decision to dismiss its lawsuit.
Related: DOJ Voting Rights attorney resigns over Black Panthers stonewalling…
In his letter of resignation, J. Christian Adams said:
On the other hand, the events surrounding the dismissal of United States v. New Black Panther Party, et al., after the trial team sought and obtained an entry of default, has subjected me, Mr. Christopher Coates, and potentially at some point, all members of the team, to a subpoena from the United States Commission on Civil Rights. The subpoena is based on an explicit federal statute and seeks answers about why the case was dismissed.
I have incurred significant personal expense in retaining a number of separate attorneys and firms regarding this subpoena in order to protect my interests and advise me about my personal legal obligation to comply with the subpoena. Over the last few months, one of my attorneys has had multiple communications with Federal Programs regarding the subpoena. My attorney suggested to them that the Department should file a motion in district court to quash the subpoena and thereby resolve conclusively any question about my obligation to comply.
Months ago, my attorney advised the Department that a motion to quash would be welcome, and that I would assert no objection to the motion. Further, my attorney has explicitly sought to ascertain whether Executive Privilege has been invoked regarding the decisions of individuals not in the Voting Section to order the dismissal of the case. If Executive Privilege has been asserted, or will be, obviously I would not comply with the subpoena. These options would provide some conclusive legal certainly about the extent of my obligation to comply with a subpoena issued pursuant to a federal statute. Instead, we have been ordered not to comply with the subpoena, citing a federal regulation (emphasis mine).
As I said on FNC’s Hannity show last night, the Sestak story has to be viewed in the larger context of the Obama White House’s repeated pattern of delay, denial, and corruption. It is undermining our elections, our health, our economy, and our national security.
I repeat: Sunlight is the best disinfectant, but the ballot box is the ultimate sanitizer.
Remember in November.
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Jennifer Rubin on Holder’s stonewall:
It’s about time the courts rule on the panoply of made-up defenses and fake privileges that Holder has cooked up to avoid turning over these documents. Let the courts decide if the Obama administration can have it both ways — declining to invoke executive privilege but relying on the privilege under other names (”deliberative privilege”).
A knowledgeable lawyer e-mails me: “Notice DOJ revealed nothing about the number of panther documents in the AG and deputy AG office. Even for the associate attorney general they revealed there were 135 but they weren’t going to turn them over. Failing to even name a number is extremely suspicious because those units can be searched quicker and easier for compliant documents. It leads one to conclude any number would be an embarrassment, and a high number would be a catastrophe. So, don’t reveal a number. Typical of this non-transparent operation.”
And now we’re going to see the administration’s true colors played out in open court. As a Judicial Watch spokesman said: “If there is nothing to hide, then Eric Holder should release this information as the law requires. And this is just one more example of how Obama’s promises of transparency are a big lie.”
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Federal Judiciary Launches Enhanced Website
[Electronic Discovery] (The eDiscovery Paradigm Shift)Considering that the most beleive that the US Court System is still using green screen computers, Word Perfect and Dot Matrix printers, it is really nice to see that they are in fact moving into the era of Web 2.0 with a few enhancements to their website. Accoring to a May 15, 2010 press release found on the US Courts Website, The Federal Judiciary’s website, www.uscourts.gov, today unveils a host of enhancements. The full text of the release is as follows: The site has been redesigned to m ...
Considering that the most beleive that the US Court System is still using green screen computers, Word Perfect and Dot Matrix printers, it is really nice to see that they are in fact moving into the era of Web 2.0 with a few enhancements to their website.
Accoring to a May 15, 2010 press release found on the US Courts Website, The Federal Judiciary’s website, www.uscourts.gov, today unveils a host of enhancements.
The full text of the release is as follows:
The site has been redesigned to make it more attractive, accessible, and useful to its diverse audience of users. The improvements further the website’s mission of increasing public interest, awareness, and understanding of the federal court system and its functions, and to serve as a source for disseminating Federal Judiciary information to the public.
The website is a primary source of information on the structure, function, and operations of the federal courts. It plays an important role in how the Judiciary communicates to the public, with useful and timely information for students, news media, attorneys, academics, government officials, associations, and others – both in the United States and worldwide.
The new design reflects the input of a wide range of users who expressed their needs, preferences and interests during usability testing and focus groups.
Among the objectives of the redesign are a more dynamic website that can integrate emerging web technologies, such as RSS, podcasts, and multimedia.
Among the enhancements:
Email Delivery Service: Interested users can subscribe to uscourts.gov email updates. When Judiciary news releases, Newsroom updates, notifications of new publications, emergency notifications and significant content updates are made, a notification is sent directly to the subscribers’ email addresses. Each subscriber can choose to receive alerts on topics of particular interest or alerts for all updates. Subscriptions are free, and can be canceled or updated at any time.
Multimedia – video, podcasts, photos, YouTube Channel: Videos have been available on uscourts.gov for several years, with a focus on civic education and highlighting news. Recently, the focus was expanded to feature two informational video series – Bankruptcy Basics and Working for the Federal Judiciary. Photo slide shows have been added, to include and illustrate such topics as naturalization ceremonies, educational outreach programs, and Judiciary news.
The website will feature expanded use of multimedia, including a link to the Judiciary’s YouTube Channel, www.YouTube.com/uscourts, which is a joint initiative of the Administrative Office of the U.S. Courts and the Federal Judicial Center.
Widgets: A widget is a portable chunk of computer programing code that can be embedded in a Web page to add dynamic content. For example, an organization could take a widget from uscourts.gov and install it in their website homepage to receive continuous Federal Judiciary news updates directly.
Read-aloud service: Web text is read aloud for users who find it difficult to read online, a useful tool for those who have difficulty reading or are mildly visually impaired. This free program also allows users to download portable files from uscourts.gov and listen to it later. -
ELENA HER VIEWS ON;Solicitor General Holds Views Close To Her Chest
[CNN] (CNN iReport - Latest)http://www.bjconline.org/index.php?option=com_content&task=view&id=3147&Itemid=134.Who is Elena Kagan?Written by Don Byrd Tuesday, 22 December 2009NPR's Nina Totenberg had a fascinating story about our Solicitor General, Elena Kagan. And while the issue of religion didn't come up, a peripheral concern did: how do you balance personal views with judicial responsibilities as advocate for the United States in the nation's highest court?In her visible role as the government's ...
http://www.bjconline.org/index.php?option=com_content&task=view&id=3147&Itemid=134.
Who is Elena Kagan? Written by Don Byrd Tuesday, 22 December 2009 NPR's Nina Totenberg had a fascinating story about our Solicitor General, Elena Kagan. And while the issue of religion didn't come up, a peripheral concern did: how do you balance personal views with judicial responsibilities as advocate for the United States in the nation's highest court?
In her visible role as the government's chief advocate in the Supreme Court, she says she will defend any statute or government action "as long as there is a colorable argument to be made," meaning as long as there is a plausible argument. That is her duty, she says, even if she personally doesn't agree with the policy she is defending. . .
...
"I think that if there are positions that you can't argue ... then the responsibility is probably to resign," she says. "If one's own conscience is opposed to the requirements and responsibilities of the job, then it's time to leave the job."But just what Elena Kagan's core beliefs are is something that seems to elude even those who know her well and have worked with her. Said one of her former colleagues at Harvard, an avowed fan, "Elena is the single most competitive and most inscrutable person I have ever known."
...
Asked what her constitutional values are, Kagan replies that right now she is solicitor general, "and what my constitutional values are are wholly irrelevant to the job, and so neither you nor anyone else will know what they are."Speculation included Kagan as a potential successor to former Justice Souter when he stepped down from the bench, and she will likely make short lists again if and when President Obama nominates another to the Supreme Court.
When the U.S. Supreme Court returns in January, Solicitor General Elena Kagan will be back at the lectern, arguing government positions that this term are increasingly tough to sell to a court that is aggressively flexing its conservative muscles.
Kagan, who as a Supreme Court law clerk 25 years ago was routinely called "Shorty" by her boss, is now the chief advocate for the United States before that court. At 49, the dynamo with the ready grin has not added inches to her height, but her stature has grown.
Formerly dean of Harvard Law School, she is the first female to serve as solicitor general of the United States and is often mentioned as a possible Supreme Court nominee.
Widely admired for her intellectual acumen and administrative ability as dean at Harvard, Kagan came to the job of solicitor general with one huge, gaping void: She had never argued a case in the Supreme Court or any other court for that matter.
At her confirmation hearing, she told skeptical senators that she was not worried, that she was bringing with her a lifetime of learning and study in the law — as a teacher, as a private practitioner and as a lawyer in the Clinton administration.
But not all of the senators were persuaded.
Sens. Tom Coburn and John Kyl both said they wouldn't want a surgeon working on them with so little practical experience.
Kagan, however, was unfazed, saying "frankly anybody has some gaps."
Despite her insistence that she had no worries, months later, when she stepped up to the lectern at the high court to defend a century-long feature of campaign finance law, she admits she had the jitters.
"I was nervous because it was my first one," she said in an interview. "But honestly no more nervous than I've been lots of other times in my life when I've done things for the first time."
And, she adds, once the first sentence was out of her mouth, she found the experience "fun. It's challenging, and it's exciting."
That said, the night before, she went to the movies to forget about the case. And, tellingly, she can't remember what she saw.
She knew she likely had a losing hand, and was grim about it in private. But when she faced the court, she cheerfully sparred with the justices, seeming to relish the experience and bluntly telling them that over the past century, the court had never before questioned the ban on corporate spending for candidate elections.
Justice Antonin Scalia replied that the court may never have questioned the ban, but it had never approved it, either. Congress, he suggested, is too self-interested to be trusted on the matter.
I doubt that one can expect a body of incumbents to draw election restrictions that do not favor incumbents," he said, to which Kagan said he was simply "wrong."
In fact, Kagan said, corporate and union moneys go overwhelmingly to incumbents, so limiting that money, as Congress did in the campaign finance law, "may be the single most self-denying thing that Congress has ever done."
Scalia likes that kind of push back, and he likes Kagan: "That's what's supposed to happen," he said in an interview. "The reason you ask the question is to see if there's a decent answer to it."
Nonetheless, Scalia has made the same point about incumbency before, and it is unlikely that Kagan got him to change his mind.
To date, she has argued three major cases before the court — and in all of them, the betting odds are that the government will lose. Scalia, however, points out that she chose those cases to argue. "She stepped into the line of fire," he observes. "She volunteered."
As the first woman to hold the job of solicitor general, Kagan was the subject of much speculation — about what she would wear when arguing. All solicitors general before her had worn a long morning coat, with tails. She decided not to, mainly because she thought she wouldn't be comfortable. Not to mention that at less than 5 feet 3 inches tall, she would have looked a bit like a penguin in the long-tailed coat.
Kagan grew up in New York City, where her mother was a teacher and her father a lawyer. She cites her education at Hunter College High School, a public school for high achievers, as a formative experience because it was all girls in grades 7 to 12.
It was a very cool thing to be a smart girl, as opposed to some other, different kind," she says. "And I think that made a great deal of difference to me growing up and in my life afterward."
Kagan went on to be a star student at Princeton University, then at Harvard Law School, where she was supervising editor of the Law Review. Then it was on to a clerkship for the man she calls her mentor, Supreme Court Justice Thurgood Marshall, whose portrait hangs over the mantel in her office. After that, besides teaching and practicing law, she held important positions in the Clinton administration. /P>
President Clinton nominated her for a judgeship on the Federal Appeals Court in Washington, but the Republican-controlled Senate never took up the nomination.
In 1999, she returned to Harvard and subsequently became the law school dean. There, she was hugely popular with students and won widespread praise for ending decades of ideological faculty feuding.
Liberals and conservatives alike praised her to the skies. She shook up the faculty with new hires, including some eminent and controversial conservatives, and she defended them when they were under attack. She even won a standing ovation at the national convention of the conservative Federalist Society.
As she tells the story: "I looked out at them and said, 'You are not my people,' and everyone laughed, and then I said, 'But I love the Federalist Society,' and I think that is when I got a standing ovation. People, it turns out, loved to be told that they are loved."
Or, as one Kagan fan at Harvard puts it ruefully, "Elena is a master pool shark, and we are all the balls she is shooting in the pockets."
defend statutes enacted by Congress, regulations enacted by agencies, and the actions of the president, when challenged.
She also decides which cases to appeal in the lower courts — a huge job that earns her daily "irate phone calls" from the heads of agencies and others in the government whose cases she has decided not to appeal.
In her visible role as the government's chief advocate in the Supreme Court, she says she will defend any statute or government action "as long as there is a colorable argument to be made," meaning as long as there is a plausible argument. That is her duty, she says, even if she personally doesn't agree with the policy she is defending. The only exceptions would be if Congress has enacted a statute that tramples on the powers of the president — for example, if it sought to regulate the pardon power.
There are, however, notable examples of solicitors general who have refused to sign a brief or argue a case because they thought the government's view unconscionable. In the 1950s, Solicitor General Simon Sobeloff, for example, famously refused to defend the government's contention that the so-called loyalty board could fire public employees based on the statements of unidentified informants. The Supreme Court subsequently struck down the practice by a vote of 8-to-1.
Solicitor General Kagan implies she would not stay on if she faced a similar dilemma.
"I think that if there are positions that you can't argue ... then the responsibility is probably to resign," she says. "If one's own conscience is opposed to the requirements and responsibilities of the job, then it's time to leave the job."
But just what Elena Kagan's core beliefs are is something that seems to elude even those who know her well and have worked with her. Said one of her former colleagues at Harvard, an avowed fan, "Elena is the single most competitive and most inscrutable person I have ever known."
And while her elusiveness may be a plus in some ways, it is a definite negative to those on the left who are not comfortable with the notion of her serving on the Supreme Court, and have made that clear to the White House.
Says one of her defenders: "The left is wrong about Elena. On most subjects, except for executive power and some business questions, she is a liberal. She has dominated every position she ever held, and on a court that is closely divided, she would dominate, too."
Asked what her constitutional values are, Kagan replies that right now she is solicitor general, "and what my constitutional values are are wholly irrelevant to the job, and so neither you nor anyone else will know what they are."
Does she consider herself a liberal? Again, the nonanswer: "What my political views or my constitutional views are just doesn't matter."
As dean at Harvard, she cut off campus access for military recruiters because she felt the military's "don't ask, don't tell" policy discriminates against homosexuals. She has referred to the policy as "a moral injustice of the first order."
But when asked whether she could defend the policy, she demurs, alluding to the fact that she is now handling cases involving that very policy.
Even far more general questions about regrets or proudest moments produce little from the cagey Kagan. "I have no regrets. I don't believe in looking back," she says. "What I am proudest of? Working really hard... and achieving as much as I could."
Who is her model as a Supreme Court justice? Well, she doesn't want to pick one and offend the other eight current Supreme Court justices. So how about someone not now on the court? Again, she slides away: "I think I'll pass anyway." DECEMBER 22,2009
http://www.npr.org/templates/story/story.php?storyId=121712227
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Report of the Director of the Administrative Office of the United States Courts
[Network Security] (Team Cymru Internet Security News)"The Omnibus Crime Control and Safe Streets Act of 1968 requires the Administrative Office of the United States Courts (AO) to report to Congress the number and nature of federal and state applications for orders authorizing or approving the interception of wire, oral, or electronic communications. The statute requires that specific information be provided to the AO, including the offense(s) under investigation, the location of the intercept, the cost of the surveillance, and the number of arres ...
"The Omnibus Crime Control and Safe Streets Act of 1968 requires the Administrative Office of the United States Courts (AO) to report to Congress the number and nature of federal and state applications for orders authorizing or approving the interception of wire, oral, or electronic communications. The statute requires that specific information be provided to the AO, including the offense(s) under investigation, the location of the intercept, the cost of the surveillance, and the number of arrests, trials, and convictions that directly result from the surveillance. This report covers intercepts concluded between January 1, 2009, and December 31, 2009, and provides supplementary information on arrests and convictions resulting from intercepts concluded in prior years...." -
The Marbury Myth -- By: Robert Lowry Clinton
[Right-Wing, Politics, Law] (Articles on National Review Online)‘We are under a Constitution, but the Constitution is what the Court says it is.” These famous words of future Chief Justice Charles Evans Hughes have become a cliché for judicial supremacy -- the idea that the Supreme Court is the ultimate, exclusive interpreter of the Constitution, having the final word on all matters pertaining to its meaning. And almost everyone now believes that judicial supremacy is based on Marbury v. Madison, decided by the Court in 1803. Marbury’s contemporary in ...
‘We are under a Constitution, but the Constitution is what the Court says it is.” These famous words of future Chief Justice Charles Evans Hughes have become a cliché for judicial supremacy -- the idea that the Supreme Court is the ultimate, exclusive interpreter of the Constitution, having the final word on all matters pertaining to its meaning. And almost everyone now believes that judicial supremacy is based on Marbury v. Madison, decided by the Court in 1803. Marbury’s contemporary influence has been graphically demonstrated in recent hearings on Supreme Court nominees, each of whom has been urged to recognize Marbury’s status as a “super-duper” precedent for modern judicial supremacy. While it is true that Marbury provides a basis for judicial review -- the Court’s power to invalidate laws in a limited range of cases -- it provides no support whatever for judicial supremacy.
The Marbury case arose in 1801 when William Marbury and three others who had been appointed justices of the peace in the District of Columbia by John Adams, the outgoing president, failed to receive their commissions on the eve of Thomas Jefferson’s inauguration. The new administration refused delivery of the commissions. The four would-be judges sued for a writ of mandamus (a judicial order directing a government official to perform a duty assigned by law) in the Supreme Court to force Secretary of State James Madison to produce them. Political infighting developed over these and other eleventh-hour Federalist judicial appointments in the months after Jefferson assumed office. Among other things, this infighting led to congressional suspension of the Court’s 1802 term, causing Marbury’s case not to be tried until February 1803.
Before initiating the suit, at least three of the plaintiffs applied to the secretary of state and the secretary of the Senate for information regarding the commissions. None of the State Department witnesses examined at trial questioned the existence or the validity of the commissions. Attorney General Levi Lincoln, who had been acting secretary of state when Marbury first applied to the department, declined to answer questions about “what had been done with the commissions” because he felt that he “ought not to be compelled to answer any thing which might tend to criminate himself.” The reason for the attorney general’s worry was that the department’s refusal to produce the commissions arguably violated an act of Congress that required the secretary of state to record and produce copies of all civil commissions upon payment of a dime.
Failing in their application to the State Department, at least three of the plaintiffs sought aid from the Senate. On Jan. 31, 1803, the Senate considered a motion to direct the secretary of the Senate to give Marbury and the others a copy of the record of their confirmations in March 1801. After a lengthy debate, the motion was defeated by a vote of 15 to 13.
In its Marbury opinion, the Court (per Chief Justice John Marshall) ruled that Section 13 of the Judiciary Act of 1789, which authorized the Court to issue writs of mandamus in original (trial) jurisdiction to any “persons holding office under the authority of the United States,” impermissibly enlarged the Court’s jurisdiction beyond the terms of Article III of the Constitution, which restricts the Court’s trial jurisdiction to cases involving ambassadors, public ministers, consuls, or states. This meant that, although Marbury had a legal right to his commission that was violated by Madison’s failure to perform a ministerial duty, the Court could not provide the requested relief because the congressional extension of the Court’s jurisdiction was unconstitutional.
In the final pages of his Marbury opinion, Chief Justice Marshall argued that a legislative act in conflict with the Constitution is void, and then carefully restricted the Court’s power to invalidate such acts to instances in which the Court is forced to ignore either the Constitution or the statute in order to decide a particular case. The only time this situation can arise is when the constitutional and statutory provisions involved are addressed to the Court itself, as in Marbury. In other words, under Marbury’s reasoning, the Court is not entitled to “reach out” and invalidate a legislative act simply because the Court doesn’t like it, or even because the Court believes that some other agency of government has done something unconstitutional.
Thus, Marbury-style judicial review is very limited in scope. It is restricted to cases in which Congress has unconstitutionally meddled with the Court’s functions. This is surely why the case was largely ignored by courts and legal commentators as a precedent for judicial review until the late 19th century. The Court itself didn’t notice that Marbury had anything to do with judicial review until 1887, and even then it misread the case as authorizing judicial review of state law -- which Marbury had nothing to do with. It was not until 1895 that the Court first cited Marbury as a precedent for judicial review of national law, despite having invalidated some 20 congressional acts by that time. Stop and think for a moment about what this means: The case that is used as the leading precedent for modern judicial supremacy was not even regarded as an instance of judicial review until 92 years after it was decided!
All told, of the 88 citations of Marbury by justices of the Supreme Court between 1803 and 1957, only ten refer to the judicial power to invalidate laws, and all ten advance highly restrictive notions of that power, confining it to a narrow range of cases. Nowhere can we find even a suggestion that the Court is the ultimate or exclusive arbiter of all constitutional questions. If Marbury really authorized judicial supremacy, why wouldn’t someone on the Court have said so during its first century and a half?
It was in 1958 that everything changed. Over the next 48 years, there were 137 separate citations of Marbury, a number far eclipsing the total of the previous 154 years. During this period, Marbury was employed 67 times to support judicial review, 21 times to justify sweeping assertions of judicial power, and at least ten times to support the idea that the Court is the “final” or “ultimate” interpreter of the Constitution, with power to issue binding proclamations to any other agency or department of government respecting any constitutional issue -- including the constitutional powers of those other departments. In the earliest of these decisions, the Little Rock school-desegregation case of 1958, the Court went so far as to suggest that its constitutional decisions were on par with the Constitution itself, claiming Marbury as its authority.
In sum, the Court’s own history shows that judicial supremacy originated neither in Marbury nor in the Constitution nor in the Marshall era. It was established by the Warren Court and developed subsequently by the Burger and Rehnquist Courts. The post-1958 Marbury myth has been used to enlarge the power of the federal judiciary beyond the role provided by the Founders in the original Constitution.
The story of how this myth was created is an interesting one. The work began in the 1870s, when a group of influential lawyers representing business interests began shopping for a good precedent for judicial supremacy. The reason they needed a better precedent was that the true original precedent for judicial supremacy was also the Supreme Court’s most embarrassing decision -- the Dred Scott opinion, which allowed the extension of slavery into the American territories in the 1850s and arguably led to the Civil War.
This group of lawyers, in league with the captains of industry, opposed government regulation of economic activity. Since the state legislatures and Congress were passing regulations designed to mitigate the worst effects of the Industrial Revolution, the lawyers and their clients sought to employ the federal courts in an effort to counter the regulations. The problem was that the courts had never exercised such power, and the constitutional basis for it was doubtful at best. So the only way to get the job done was to find a precedent for judicial supremacy. But Marbury was too tame and Dred Scott was too notorious. The only thing left was to reinvent Marbury, reinterpreting its language to make it seem like an exercise in judicial supremacy.
These legal and economic elites were also believers in an ideology called Social Darwinism. They saw economic life in much the same way that Charles Darwin and his followers saw biological life -- as an intense struggle for survival in which only the “fittest” deserve to survive and reproduce. Since economic regulation was usually in the interest of protecting those who could not protect themselves in this struggle, Social Darwinists believed that such laws were counterproductive in retarding economic progress, restricting the freedom of the “more fit,” and advancing the interests of those “less fit” people who constituted a “drag” on society. The Social Darwinists were ultimately successful in pressing their views on the courts, and these views held sway in the American legal community and the courts for about half a century.
Meanwhile, the opponents of the Social Darwinists, the “legal progressives” of the time, took the inaccurate history of the capitalist lawyers to heart even while opposing their social ideology. Most importantly, they accepted the falsified history of Marbury, and even went so far as to lay the blame for the dark side of the Gilded Age on John Marshall, the Supreme Court, and the Founding Fathers. Indeed, a prominent group of progressive historians falsified much of the history of the founding era, in order to make it appear that the U.S. Constitution itself had been an effort of greedy capitalists to protect their property from the masses. The political goal of the progressives was to save capitalism from itself by infusing a little socialism into the system. Ultimately, they accomplished this goal at least in part by inventing the welfare state.
As for the courts, after the 1930s and the Roosevelt Court-packing scheme, they began to move away from Social Darwinism and their earlier anti-regulatory posture, adopting instead the ideology of Progressivism -- an open-ended social ideology whose main value is “change” (never mind to what) presided over by an ever-expanding administrative state. Since the arch-enemy of Progress is Tradition, it is not surprising that the courts have spent the last half-century employing judicial supremacy to undercut traditional morality.
Why does all this matter? First, during the past half-century, the Court has rendered dozens of politically charged decisions with dubious legal and historical backing. Most of these decisions would be inconceivable without the enlargement of judicial power that the Marbury myth supports. Second, and more important, the separation of powers has been unbalanced by judicial supremacy. Throughout the first century and a half of our national existence, constitutional interpretation was performed continuously by all three branches of the federal government -- by Congress and the president as much as by the Court.
Third, and most important, American democracy itself has been compromised. In 1992, impatient with the frequent protests over abortion outside the Supreme Court building, the Court called for an end to the national debate on the issue. Ironically, this debate had been sparked by the Court’s own 1973 decision in Roe v. Wade, one of those decisions that are inconceivable without the Marbury myth, as is every other exercise of judicial supremacy. Each of these exercises removes an important issue from the democratic process, thereby denying the people -- as a people -- the power and responsibility for deciding it. In an incredible fit of judicial hubris that carries judicial supremacy to the limit and turns democracy on its head, the Court declared in Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) that the belief of the American people in themselves as a people under law “is not readily separable from their understanding of the Court invested with the authority to decide their constitutional cases and speak before all others for their constitutional ideals.” Perhaps Hughes was prophetic, after all, when he remarked that the Constitution is “what the Court says it is.” But don’t blame that on John Marshall.
-- Robert Lowry Clinton is professor and chair of political science at Southern Illinois University, Carbondale. He was a James Madison Fellow at Princeton University in 2007-08, and is the author of Marbury v. Madison and Judicial Review and God and Man in the Law.
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AO Report: Copyright Case Filings Dropped 63% From 2005 Through 2009
[Copyright] (Copyright Litigation Blog)In a steady trend, copyright cases filed in the US dropped about 63% from 2005 through 2009 based on numbers from 2005 5,796 2006 4,944 2007 4,400 2008 3,234 2009 2,192 Source: Report by the Administrative Office of the US Courts Judicial Business of the United States Courts 2009 Table C-2A. U.S. District Courts—Civil Cases Commenced, by Nature of Suit, During the 12-Month Periods Ending September 30, 2005 Through 2009Copyright Litigation Handbook (West 4th Ed. 20 ...
In a steady trend, copyright cases filed in the US dropped about 63% from 2005 through 2009 based on numbers from
2005 5,796
2006 4,944
2007 4,400
2008 3,234
2009 2,192
Source: Report by the Administrative Office of the US Courts
Judicial Business of the United States Courts 2009
Table C-2A. U.S. District Courts—Civil Cases Commenced, by Nature of Suit, During the 12-Month Periods Ending September 30, 2005 Through 2009Copyright Litigation Handbook (West 4th Ed. 2009) by Raymond J. Dowd Available through Amazon and Westlaw (Directory: COPYLITIG) Copyright Litigation Blog now on Twitter -
DEPUTY ATTORNEY GENERAL IV (Los Angeles )
[Jobs, Jobs (not Steve)] (craigslist | all jobs in los angeles)DEPUTY ATTORNEY GENERAL IV (May consider DAG III, DAG) Office of the Attorney General California Department of Justice Health, Education & Welfare Section - Los Angeles, CA Application Deadline: May 6, 2010 THE POSITION: Health, Education and Welfare (HEW) attorneys represent over 40 state agencies that administer a multitude of state health, education and welfare programs. HEW attorneys routinely practice before state and federal trial and appellate courts, inclu ...
DEPUTY ATTORNEY GENERAL IV
(May consider DAG III, DAG)
Office of the Attorney General
California Department of Justice
Health, Education & Welfare
Section - Los Angeles, CA
Application Deadline: May 6, 2010
THE POSITION:
Health, Education and Welfare (HEW) attorneys represent over 40 state agencies that administer a multitude of state health, education and welfare programs. HEW attorneys routinely practice before state and federal trial and appellate courts, including the California and United States Supreme Courts, as well as before administrative tribunals. Many cases handled by the section are brought as complex class actions and writ proceedings, may have statewide implications affecting millions of program beneficiaries, and may affect billions of dollars in funding. Much of HEW casework involves defending against challenges to the Medi-Cal program (e.g., constitutional challenges to reimbursement rates, complex provider audits and suspensions); the practices and policies of state mental hospitals and developmental centers; statewide educational programs (e.g., the California High School Exit Examination, textbooks, monitoring of English Language Learners, audits of public educational funds); the rehabilitative and release programs for sexually violent predators; and public health issues such as the unlicensed administration of X-rays. Clients that HEW regularly represents include the Governors Office; the Superintendent of Public Instruction; the State Board of Education; the Departments of Developmental Services, Public Health, Health Care Services, Social Services, Education, and Mental Health; CalPERS, CalSTRS, and the Commission on Teacher Credentialing.
DESIRABLE QUALIFICATIONS:
Superior writing skills; effective oral skills; litigation experience that includes significant case responsibilities at both the trial and appellate levels; interest in and ability to handle politically sensitive, high profile, complex litigation; interest in health, education, and welfare policy.
Must possess a valid California Driver's License.
ADDITIONAL JOB RELATED INFORMATION:
The following is a list of additional features related to this job opportunity.
A fingerprint check will be required.
Only the most qualified candidates will be interviewed.
Position to be filled in Los Angeles or San Diego.
You may take the DAG or DAG III examination on-line at, http://ag.ca.gov/careers/exams.php.
If you are intertesed, please send resume, writing sample, and notice of exam results to:
Richard Waldow, Supervising Deputy Attorney General
HEW Section
Office of the Attorney General
California Department of Justice
300 South Spring Street
Los Angeles, CA 90013.
(213) 897-2456 EOE
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DEPUTY ATTORNEY GENERAL IV (San Diego)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in san diego)DEPUTY ATTORNEY GENERAL IV (May consider DAG III, DAG) Office of the Attorney General California Department of Justice Health, Education & Welfare Section - Los Angeles/San Diego, CA Application Deadline: May 6, 2010 THE POSITION: Health, Education and Welfare (HEW) attorneys represent over 40 state agencies that administer a multitude of state health, education and welfare programs. HEW attorneys routinely practice before state and federal trial and appellate cou ...
DEPUTY ATTORNEY GENERAL IV
(May consider DAG III, DAG)
Office of the Attorney General
California Department of Justice
Health, Education & Welfare
Section - Los Angeles/San Diego, CA
Application Deadline: May 6, 2010
THE POSITION:
Health, Education and Welfare (HEW) attorneys represent over 40 state agencies that administer a multitude of state health, education and welfare programs. HEW attorneys routinely practice before state and federal trial and appellate courts, including the California and United States Supreme Courts, as well as before administrative tribunals. Many cases handled by the section are brought as complex class actions and writ proceedings, may have statewide implications affecting millions of program beneficiaries, and may affect billions of dollars in funding. Much of HEW casework involves defending against challenges to the Medi-Cal program (e.g., constitutional challenges to reimbursement rates, complex provider audits and suspensions); the practices and policies of state mental hospitals and developmental centers; statewide educational programs (e.g., the California High School Exit Examination, textbooks, monitoring of English Language Learners, audits of public educational funds); the rehabilitative and release programs for sexually violent predators; and public health issues such as the unlicensed administration of X-rays. Clients that HEW regularly represents include the Governors Office; the Superintendent of Public Instruction; the State Board of Education; the Departments of Developmental Services, Public Health, Health Care Services, Social Services, Education, and Mental Health; CalPERS, CalSTRS, and the Commission on Teacher Credentialing.
DESIRABLE QUALIFICATIONS:
Superior writing skills; effective oral skills; litigation experience that includes significant case responsibilities at both the trial and appellate levels; interest in and ability to handle politically sensitive, high profile, complex litigation; interest in health, education, and welfare policy.
Must possess a valid California Driver's License.
ADDITIONAL JOB RELATED INFORMATION:
The following is a list of additional features related to this job opportunity.
A fingerprint check will be required.
Only the most qualified candidates will be interviewed.
Position to be filled in Los Angeles or San Diego.
You may take the DAG or DAG III examination on-line at, http://ag.ca.gov/careers/exams.php.
If you are interested, please send resume, writing sample, and notice of exam results to:
Richard Waldow, Supervising Deputy Attorney General
HEW Section
Office of the Attorney General
California Department of Justice
300 South Spring Street
Los Angeles, CA 90013.
(213) 897-2456 EOE
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Operational Analyst (downtown / civic / van ness)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in SF bay area)UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Date April 30, 2010 Position Title: Operational Analyst Location: San Francisco, CA Class Level: CL 30/01 - CL 30/61 Salary: $91,568 - $148,818, DOE Closing Date: Priority cut-off 5/07/2010 or Until Filled POSITION OVERVIEW This position is located in the District Court Clerk¡¦s Office in San Francisco, California. The incumbent reports directly to the Clerk of Court and is responsible for c ...
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
Date April 30, 2010
Position Title: Operational Analyst
Location: San Francisco, CA
Class Level: CL 30/01 - CL 30/61
Salary: $91,568 - $148,818, DOE
Closing Date: Priority cut-off 5/07/2010 or Until Filled
POSITION OVERVIEW
This position is located in the District Court Clerk¡¦s Office in San Francisco, California. The incumbent reports directly to the Clerk of Court and is responsible for conducting legal research, policy analysis, program analysis, re-engineering and implementation of a variety of policies, procedures and programs.
REPRESENTATIVE DUTIES
Conducts workflow and case flow studies to carefully document policies and procedures district-wide for presentation to the Clerk and Chief Deputy Clerk. Reviews and analyzes organizational structure, reporting relationships, and functional assignments. Collects, compiles, analyzes and evaluates research and statistical data. Writes extensive reports of findings, conclusions and recommendations, including cost effectiveness studies, cost-benefit analyses, and legal policy analyses.
In concert with judges chambers, the Clerk and the Chief Deputy, plans, designs, implements and documents appropriate changes in operations and administrative area policies, procedures, and organizational structure to implement more expeditious and effective means of accomplishing operations and administrative services area tasks and assignments. Contributes to the design, development and delivery of appropriate training for managers, supervisors and other operations and administrative staff in order to institute change.
Conducts liaison with other judicial agencies and courts nationwide, the Federal Judicial Center, and the Administrative Office of the U.S. Courts for the purpose of disseminating and receiving information and technology requisite to a progressive, comprehensive management program for operations and administrative services.
Develops and presents to the Clerk and the Chief Deputy methods of coordinating the work of the office with that of other governmental agencies and court units, such as the U.S. Attorney¡¦s Office, U.S. Marshal¡¦s Office, U.S. Probation Office, Federal Public Defender, and the Bankruptcy Court.
Establishes operating guidelines to implement procedures, methods, and other work related changes.
Analyzes and interprets Administrative Office directives, statutes, court rules, federal regulations and policies affecting the work of the operations and administrative areas.
Devises programs for improvement of work processes and general working conditions.
Drafts for the Clerk and Chief Deputy correspondence in reply to requests for information from attorneys, the media, representative of other agencies and the public concerning the work performed in the administrative areas.
May represent the court in dealings with other court units, the Bar, the general public, and other internal and external customers of the court. On behalf of the Clerk, serves as media relations liaison in designated high-profile cases.
QUALIFICATIONS
The position requires a knowledge of the pertinent volumes of the Guide to Judiciary Policies and Procedures, the Federal Rules of Civil, Criminal and Appellate Procedure, the Local Rules, General Orders of the court and management practices and procedures. The incumbent must have a broad knowledge of the organization, procedures and mission of the Clerk¡¦s Office and the federal court system. Awareness of statistical methodology and application is required. Excellent research, evaluation and analytical skills, and the ability to determine the applicability and practicality of various processes and procedures is necessary. The position requires the skill and tact to negotiate with judges to explain the necessity of proposed changes, as well as the ability to deal tactfully with the public and legal, professional and clerical personnel in the Clerk¡¦s Office. Ability to communicate effectively, both orally and in writing, in order to explain technical, legal and administrative issues, make presentations, write reports, and provide written justifications on issues and problems.
Preferred Qualifications:
Thorough familiarity with federal court processes, including civil and criminal procedure.
Experience in applying technological solutions to improve court practices.
Federal court administrative experience is desirable.
Law degree preferred.
INFORMATION FOR APPLICANTS
The United States District Court requires employees to adhere to a code of conduct which is available upon request. All appointments are subject to mandatory direct deposit of federal wages.
Due to the volume of applications anticipated, the court will only communicate with those candidates selected for interview. The court is not authorized to reimburse travel expenses for interviews or relocations. Applicants who are not citizens of the United States of America should call 415-522-4609 to verify eligibility to work for the district court.
This position is subject to an FBI fingerprint check and background investigation. Employment will be provisional and contingent upon the satisfactory completion of the required background investigation.
Submit your resume and cover letter to:
United States District Court
Attn: Human Resources (#FY10-11)
Email: HR@cand.uscourts.gov
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LEGAL SECRETARY (berkeley)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in SF bay area)Hagens Berman Sobol Shapiro LLP, one of the preeminent plaintiff class action firms in the United States with six offices throughout the country, is hiring a legal secretary for their Berkeley office. We represent plaintiffs in securities, investment fraud, product liability, tort, antitrust, consumer fraud, employment, environmental, and ERISA cases. We are currently seeking a highly skilled and experienced legal secretary to join our Berkeley team. We offer a small firm environment in t ...
Hagens Berman Sobol Shapiro LLP, one of the preeminent plaintiff class action firms in the United States with six offices throughout the country, is hiring a legal secretary for their Berkeley office. We represent plaintiffs in securities, investment fraud, product liability, tort, antitrust, consumer fraud, employment, environmental, and ERISA cases.
We are currently seeking a highly skilled and experienced legal secretary to join our Berkeley team. We offer a small firm environment in the heart of 4th Street with big firm perks, including paid parking, vision, dental and medical benefits. Litigation in the Berkeley office specifically focuses on antitrust, consumer fraud and securities class actions.
Job Description
We are looking for someone who can appreciate a dynamic and fast-paced litigation environment, who has strong interpersonal skills, the ability to multi-task and can use independent judgment. Duties are wide-ranging and require strong attention to detail. Responsibilities include all aspects of filing in federal and state courts, service, proofreading, strong word processing skills, time entry, travel arrangements, client interactions, maintaining document files, general reception and administrative duties.
Qualifications
Qualified candidates for this rare opportunity will have a minimum of five (5) years of litigation experience as a legal secretary. Successful candidates will have working knowledge of Adobe, Word, Excel, imanage, Javelan time entry and other standard firm systems. Must want to work in a friendly, progressive firm that takes pride in their work product.
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Territory Manager (Cook County)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in chicago)Position Title: Territory Manager Reports to: Regional Vice President FLSA Status: Exempt *******ELIGIBLE APPLICANTS MUST RESIDE IN COOK COUNTY******* Were looking for an all-star Territory Manager with a track record of overachievement and a desire to be part of an industry pioneer--in the government services arena. Were a rapidly growing, service driven, national company looking for an extraordinary Senior Sales Executive. We foster an energetic team ...
Position Title: Territory Manager
Reports to: Regional Vice President
FLSA Status: Exempt
*******ELIGIBLE APPLICANTS MUST RESIDE IN COOK COUNTY*******
Were looking for an all-star Territory Manager with a track record of overachievement and a desire to be part of an industry pioneer--in the government services arena.
Were a rapidly growing, service driven, national company looking for an extraordinary Senior Sales Executive. We foster an energetic team atmosphere and believe much of the success of our growth is our commitment to building our company with upbeat, talented, motivated people who will continue to adopt our mission of Legendary Service.
The Company
Founded in 1987, CorrectiveSolutions is the pioneer in the development of programs that assist District Attorneys and courts nationwide with the management of selected high volume misdemeanor case loads, and has grown to become the largest private contractor in the United States for Prosecuting Attorneys conducting bad check, petty theft, suspended license and other misdemeanor diversion programs.
CorrectiveSolutions has a highly proprietary and protected business model with a proven track record of success that can be attributed to the tight administrative partnerships developed with the Prosecutors offices and their communities (including victims and voting constituents). We employ approximately 110 people full time in our national headquarters in San Clemente, CA and another 200 throughout the country. We continue to expand our highly successful programs into new jurisdictions and for new victims.
Position Requirements
Bachelors degree or equivalent experience
Minimum of 3 years of experience in territory management role
Ability and willingness to adapt to constant change
Ability to participate in a virtual office setting and maintain an active and dynamic presence via phone, email and other technologies as appropriate
Reliable transportation
Ability to travel 50% of the time including participation and presentations at professional meetings, conferences and trade shows
Understand the meaning and implications of key financial indicators
Interpersonal skills, analytical abilities, and organizational skills
Computer skills (MS office, Customer Relationship Management Software)
Proven ability to identify business opportunities, create plans and deliver quality results, simultaneously, with multiple clients
Professional and polished demeanor: effective and persuasive representative of the company
Excellent customer service and relationship management skills
Experience and skills in managing across functional and organizational lines
Flexibility
Responsibilities
TM is responsible for all activities and results in the defined Territory as follows:
Acquisition of new prosecutor and merchant customers and expanding the companys footprint
Maintenance and satisfaction of existing prosecutor customers
Maintain effective cross functional and cross departmental communications with headquarters
Provide field support to inside sales with existing merchants
Introduction and establishment of new products and programs
Acquisition of new regional merchants
Executing programs to attract local merchants
Responsible for the overall check volume in the territory
Together with RVP establish a quarterly Territory Plan that includes:
-Acquisition goals (i.e. new prosecutors and new merchants)
-Activity goals (i.e. presentations, introduction of new services, visits, appointments)
-Support needed from management and HQ (i.e. direct mail, inside sales, visit support from DA sales team)
-Satisfaction survey goals (completion dates)
-Contract renewals
-Milestone events
Execute the Territory Plan
Maintain contact with existing customers:
-Planning and executing activities with prosecutors to promote their programs
Merchant Meetings (i.e. milestone event, merchant summit, business association)
Chamber Meetings
Campaigns (i.e. direct mail, email, fax, USPS)
Law Enforcement Outreach
Others:
-Facilitate contact between HQ and prosecutor
-Conduct annual reviews and contract renewals
-Continuously monitor and improve the customers satisfaction
Together with RVP/HQ support staff and specialists,develop prospects and convert prospects to new customers in order to expand territory footprint
Introduce and establish new programs in the Territory
Identify regional and major merchant prospects and convert to participating merchants.
Record all activities in the SuperSystem and Sales Contact Database
Participate in company meetings
Participate in trade shows and conventions as assigned
Participate in required trainings
Other tasks as assigned
Relates and properly communicates with:
HQ departments and personnel including:
Marketing
Sales support
Operations
Prosecutor Services
Compliance Services
Victim Services
Mail Room
Prosecutors
Customers
Prospects
Influentials anyone who has influence over a prospect or client
Merchants
Merchant Organizations (chambers, others)
Law Enforcement
Measures of Accountability
Net territory check volume growth (regional and manual)
Net population growth
Customer Satisfaction
Contract Renewals
Introduction of new programs
Participation in regional activities
Leadership in Territory
Professional growth and development
Compensation
Base Salary and bonus (annual and quarterly) based on achieving goals. Please refer to the compensation plan for details.
Excellent Compensation Package
Competitive Base Salary
Accelerated Bonus
Vacation/Personal Time Off with Pay
10 Paid Holidays
401 (k) w/generous company match
Employee Referral Bonus Program
Health and Dependent Care Flexible Spending Account
Medical/Dental/Vision/Life Insurance Benefits
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Security Escort
[Africa] (Afrigator)Security EscortVACANCY ANNOUNCEMENTNumber: 025/2010 Date: 04/06/2010OPEN TO: Appointment Eligible Family Members (AEFMs) and U.S. Veterans - All AgenciesOPENING: April 06, 2010CLOSING: Until FilledPOSITION: Security Escort LOCATION: Variety of locationsSCHEDULE: 40 hours per weekSECURITY CLEARANCE: Ability to qualify for TOP SECRET level security clearancePOSITION GRADE: FP-9; FSN-5NOTE: ONLY APPOINTMENT ELIGIBLE FAMILY MEMBERS AS DEFINED BELOW OF U.S. G ...
Security EscortVACANCY ANNOUNCEMENTNumber: 025/2010 Date: 04/06/2010OPEN TO: Appointment Eligible Family Members (AEFMs) and U.S. Veterans - All AgenciesOPENING: April 06, 2010CLOSING: Until FilledPOSITION: Security Escort LOCATION: Variety of locationsSCHEDULE: 40 hours per weekSECURITY CLEARANCE: Ability to qualify for TOP SECRET level security clearancePOSITION GRADE: FP-9; FSN-5NOTE: ONLY APPOINTMENT ELIGIBLE FAMILY MEMBERS AS DEFINED BELOW OF U.S. GOVERNMENT EMPLOYEES ASSIGNED TO THE MISSION UNDER THE CHIEF OF MISSION AUTHORITY ARE ELIGIBLE FOR CONSIDERATION. The American Embassy Kampala is seeking an individual for the position of Security Escort.BASIC FUNCTION OF POSITIONProvides escort services for organizations within and without the Embassy CAA requiring escort of un cleared maintenance and repair personnel, including but not limited to maintenance crews, janitors and contractors. Duties are performed in a variety of locations - to include embassy roof, various CAA offices, and generator rooms. Conduct security escorts of classified mail to and from Entebbe Airport. Maintains the RSO escort and other databases. Clear materials entering spaces using x-ray machines, electronic and visual inspection. Escort randomly purchased materials and those located in secure storage areas to their final destination.REQUIRED QUALIFICATIONSNOTE: All applicants must address each selection criterion detailed below with specific and comprehensive information supporting each item.1. Education Required: Completion of high school diploma is required. 2. Work Experience: One year full time general work experience is required.3. Language Requirement: Ability to speak, read and write in English (Level IV) is required.4. Knowledge: Knowledge of administrative management procedures required. 5. Skills and Abilities: Excellent interpersonal and communication skills. Ability to maintain observation of workers for long periods of time and able to lift or carry 35 pounds is required. SELECTION PROCESSWhen equally qualified, Eligible Family Members and U.S. Veterans will be given preference. Therefore, it is essential that all candidates address the required qualifications above in the application.After an initial application screening, applicants will be invited to a testing process that may include a written examination and oral interviews. The selected candidate must pass pre-employment medical and security investigations before beginning work. The initial appointment period is one year, subject to renewal. Normally, candidates for employment are hired at the first step of the designated pay grade. In some instances, candidates may be hired at a higher step when exceptional qualifications or previous governmental service and pay level so warrant. The Human Resources Officer will make the decision with the concurrence of the employing section.ADDITIONAL SELECTION CRITERIA1. Management will consider nepotism/conflict of interest, budget, and visa status in determining successful candidacy.2. Current employees serving a probationary period are not eligible to apply.3. EFMs who currently hold an EFM appointment are ineligible to apply for advertised positions within the first 90 calendar days of that appointment.HOW TO APPLYA. Local applicants (including foreign residents in Uganda with a work permit) should submit:(i) A completed Optional Application for Federal Employment (OF-612) form;(ii) Application letter clearly specifying the position for which you are applying;(iii) A Curriculum Vitae;(iv) Academic Transcripts and a valid driver's license (if required);B. Eligible Family Members should send:(i) A completed Optional Application for Federal Employment (OF-612) form;(ii) A current resume;(iii) Candidates who claim U.S. Veterans preference must provide a copy of their Form DD-214 with their application;(iv) Any other documentation (e.g. essays, certificates, awards and copies of degrees earned) that addresses the qualification requirements of the position as listed above.Submitted applications and documents become the property of the Embassy and will not be returned.SUBMIT APPLICATION TO1. By mail: Human Resources Office Plot 1577 Ggaba Road P. O. Box 7007, Kampala Telephone: 0414-259-791/52. By Fax: 0414-341-863 - ATTENTION: HR3. Or by e-mail: KampalaHR@state.govDEFINITIONSUS Citizen Eligible Family Member (USEFM) For purposes of receiving a preference in hiring for a qualified position, an EFM who meets the following criteria: US Citizen; and, EFM (see above) at least 18 years old; and, Listed on the travel orders of a direct-hire Foreign, Civil, or uniformed service member assigned to or stationed abroad with a USG agency that is under COM authority, or at an office of the American Institute in Taiwan; and either:1. Resides at the sponsoring employee's or uniformed service member's post of assignment abroad or at an office of the American Institute in Taiwan; or2. Resides at an Involuntary Separate Maintenance Allowance (ISMA) location authorized under 3 FAM 3232.2.U.S Veterans. Applicants who claim US Veterans preference must provide a copy of their form DD214 with their applications. The Federal Government doesn't accept any substitute form for this purpose. To be eligible for hiring preference, a veteran must meet the eligibility requirements in Section 2108 of Title 5, United States Code i.e.--an honorable or general discharge or release is necessary;--military retirees at the rank of major, lieutenant commander, or higher are not eligible for preference unless they are disabled veterans;--guard and reserve active duty for training purposes doesn't qualify for preference. EFM: An individual related to a US Government employee in one of the following ways: Spouse; Child, who is unmarried and under 21 years of age or, regardless of age, is incapable of self-support. The term shall include, in addition to natural offspring, stepchildren and adopted children and those under legal guardianship of the employee or the spouse when such children are expected to be under such legal guardianship until they reach 21 years of age and when dependent upon and normally residing with the guardian; Parent (including stepparents and legally adoptive parents) of the employee or of the spouse, when such parent is at least 51 percent dependent on the employee for support; Sister or brother (including stepsisters and stepbrothers, or adoptive sisters or brothers) of the employee, or of the spouse, when such sibling is at least 51 percent dependent on the employee for support, unmarried, and under 21 years of age, or regardless of age, incapable of self-support.Member of Household (MOH) An individual who accompanies a direct-hire Foreign, Civil, or uniformed service member permanently assigned or stationed at a U.S. Foreign Service post or establishment abroad, or at an office of the American Institute in Taiwan. An MOH is: Not an EFM; and, Not on the travel orders of the sponsoring employee; and, Has been officially declared by the sponsoring USG employee to the COM as part of his/her household.A MOH is under COM authority and may include a parent, unmarried partner, other relative or adult child who falls outside the Departments current legal and statutory definition of family member. A MOH does not have to be a US Citizen.Not Ordinarily Resident (NOR) An individual who: Is not a citizen of the host country; and, Does not ordinarily reside (OR, see below) in the host country; and, Is not subject to host country employment and tax laws; and, Has a US Social Security Number (SSN). NOR employees are compensated under a GS or FS salary schedule, not under the LCP.Ordinarily Resident (OR) A Foreign National or US citizen who: Is locally resident; and, Has legal, permanent resident status within the host country; and, Is subject to host country employment and tax laws. EFMs without US Social Security Numbers are also OR. All OR employees, including US citizens, are compensated in accordance with the LCP.CLOSING DATE FOR THIS POSITION: Until FilledThe US Mission Kampala provides equal opportunity and fair and equitable treatment in employment to all people without regard to race, color, religion, sex, national origin, age, disability, political affiliation, marital status, or sexual orientation. The Department of State also strives to achieve equal employment opportunity in all personnel operations through continuing diversity enhancement programs.The EEO complaint procedure is not available to individuals who believe they have been denied equal opportunity based upon marital status or political affiliation. Individuals with such complaints should avail themselves of the appropriate grievance procedures, remedies for prohibited personnel practices, and/or courts for relief. FMM: Dennis Anderson -
Everyday Law: Census 2010
[Citizen Journalism, Sacramento, CA] (Newest articles on The Sacramento Press)The 2010 Census is underway. You probably know that the Census determines many things, including how many representatives each state has in Congress, how many electoral votes it gets, and how much funding each state gets for various federal programs. You may even have used earlier Census information to trace your family history. But you may also have heard some confusing things about whether the Census is really required. A phony e-mail, supposedly from the Better Business Bureau, has been makin ...
The 2010 Census is underway. You probably know that the Census determines many things, including how many representatives each state has in Congress, how many electoral votes it gets, and how much funding each state gets for various federal programs. You may even have used earlier Census information to trace your family history.
But you may also have heard some confusing things about whether the Census is really required. A phony e-mail, supposedly from the Better Business Bureau, has been making the rounds warning people of Census scams and claiming "REMEMBER, NO MATTER WHAT THEY ASK, YOU REALLY ONLY NEED TO TELL THEM HOW MANY PEOPLE LIVE AT YOUR ADDRESS.” This is not true. The BBB does offer some good advice on avoiding census scams (“BBB Alerts Consumers about U.S. Census Workers: Be Cooperative, But Cautious!”), but the e-mail is false. All information on the Census form is required.
The Census is one of the few things in the United States Constitution that the federal government is specifically required to do. For most things, the Constitution defines the powers and duties of government in general terms. For instance, Article I, Section 8 lists the powers of Congress (to raise an army, declare war, create a post office, etc.), but for the most part leaves all the details of whether and how to do so to the Congress.
The Census, however, is specifically described in the Constitution: “The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.” (Article I, Section 2.) This is a crucial part of the Constitution, because the Census determines how many members each state sends to the House of Representatives: “Representatives shall be apportioned ... counting the whole number of persons in each State, excluding Indians not taxed….”
Although the Constitution only requires a head count, the broad language (“in such Manner as they shall by Law direct”) has been used to expand the Census to request many additional details. This is not a new phenomenon; from the very first Census in 1790, the count has included the names of head of families and number of people in each family, by age, gender, race, and status as free people or slaves.
The Census Bureau’s 92-page booklet “Measuring America: The Decennial Censuses from 1790 to 2000,” gives a detailed history of the questions asked and instructions given to the Census takers, reflecting how the Census has changed over time. The questions remained relatively simple until 1850, when the Census expanded to ask 11 questions about each free individual and eight questions about slaves. The number of questions rose over time.
During the Depression, an unemployment category was added; starting in 1940, a housing section was added. By 1960, the Census was asking detailed questions about occupation, health, education, and transportation. Beginning in 1970, detailed questions were sent only to a sample of the population. In 2010, the Census itself has only 10 questions. Detailed questions are asked as a separate survey, the American Community Survey, sent annually to a small sample of households.
Some people refuse to respond to the Census, or refuse to give any information beyond the number of people in their household. Refusing to answer, or answering falsely, can lead to a fine (13 USC § 221), but usually only results in multiple follow-up visits. The most common rationales for refusing are that the Census violates the right to privacy, the Fourth Amendment’s guarantee against illegal search and seizure, and the Fifth Amendment’s right against self-incrimination. However, the courts have consistently rejected these arguments, on the grounds that the questions relate to important federal concerns, so they are not arbitrary and do not violate the Fourth Amendment (U.S. v. Rickenbacker, 309 F.2d 462 (CANY 1962), and that the information is kept strictly confidential and cannot be used to an individual’s detriment (U.S. v. Little, 321 F.Supp. 388 (D.C.Del. 1971)).
Indeed, the Census Bureau is prohibited from sharing an individual’s information with anyone, including other government agencies, even under subpoena (13 U.S.C. § 8(c), § 9(a)); only anonymous statistics can be published. There is some historical reason for concern that the Bureau may share information with other agencies. For instance, the Bureau recently admitted for the first time that Census information was used to locate Japanese Americans for internment during World War II. (Census Confidentiality and Privacy: 1790-2002.) But the protections in today’s version 13 U.S.C. §§ 8 and 9 are strong and comprehensive: Census information cannot be used to the detriment of the respondent, and cannot be used, published or examined for any purpose other than to prepare statistics. It is immune from legal process, meaning it cannot be subpoenaed, and cannot be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.
These strong privacy and confidentiality protections are described on the Census Bureau’s website: “By law, the Census Bureau cannot share respondents' answers with anyone, -- not the IRS, not the FBI, not the CIA, and not with any other government agency. The penalty for unlawful disclosure is a fine of up to $250,000 or imprisonment of up to 5 years, or both.” (“Common Privacy Questions: Be assured, your information is safe”).
In 1982, the U.S. Supreme Court in Baldridge v. Shapiro (455 U.S. 345, 361 (1982)) confirmed that Census information cannot be disclosed, even when demanded under the Freedom of Information Act or by formal civil discovery in a lawsuit.
These protections are meant to reassure Americans that answering the Census is both important and safe. For more information about the 2010 Census, visit the U.S. Census Bureau’s website at www.census.gov. To find and use Census data, visit American Fact Finder at http://factfinder.census.gov/.
For more information on this and other “Everyday Law” subjects, visit the Sacramento County Public Law Library, “Providing Free Public Access to Legal Information for over 100 years.”
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District Judge Relief Courtroom Deputy (Los Angeles)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in los angeles)NOTICE OF POSITION VACANCY Position: District Judge Relief Courtroom Deputy Opening Date: April 2, 2010 Classification Level: CL 25/01 to 26/61 Closing Date: April 16, 2010 Salary Range: $42,262 - $75,689 Number of Positions: One (or more) Location: Los Angeles, CA Vacancy Number: 10-24 POSITION OVERVIEW The Court ...
NOTICE OF POSITION VACANCY
Position: District Judge Relief Courtroom Deputy Opening Date: April 2, 2010
Classification Level: CL 25/01 to 26/61 Closing Date: April 16, 2010
Salary Range: $42,262 - $75,689 Number of Positions: One (or more)
Location: Los Angeles, CA Vacancy Number: 10-24
POSITION OVERVIEW
The Court is recruiting for a well organized, detail oriented individual who likes the challenge of variety and possesses excellent time management skills. The selected incumbent will provide relief assistance for district judge courtroom deputies. An eligibility list of qualified candidates will be developed from this recruitment to fill future vacancies.
REPRESENTATIVE DUTIES
Maintains control of the cases assigned to the judicial officer; examines all papers files in an action for conformity with the rules of practice; calendars and regulates the movement of cases by fixing dates and times for hearings on motions, pre-trial hearings and trials.
Confers with attorneys, acting as liaison between the judicial officer and counsel; calls the court to order; conducts arraignments of defendants in criminal cases; notes the appearance of counsel in matters of the court.
Impanels and administers oaths to jurors; acts as liaison with the jury clerk for ordering and cancellation of juries; keeps required records on other jury matters; swears in witnesses and interpreters.
Marks, stores and returns exhibits.
Composes substance of minute order to carry out express intentions of the judge; prepares verdict forms and judgments.
Advises the financial section of the Office of the Clerk of fines and orders of restitution by the judge in all cases.
Enters judgments and other actions on court dockets, diary books and other court records.
Prepares statistical records of cases.
Performs data quality control on attorney docketed entries of all documents and proceedings on the docket, and performs docketing functions in CM/ECF.
Generates deadlines and deficiency notices of missing or erroneous documents; assists in case management by ensuring that all automated entries are appropriately linked for proper case management.
Assists chambers staff with electronic filing.
Performs other duties as assigned.
QUALIFICATIONS
∙ Applicant must be a high school graduate or equivalent.
∙ Minimum two years of specialized experience. Specialized experience is progressively responsible clerical or administrative work including the use of legal terminology, and the application of a body of rules, regulations, directives or laws. Such experience is most often found in law firms, office of legal counsel, state and federal courts, real estate and insurance companies.
∙ Ability to handle multiple tasks simultaneously.
∙ Excellent verbal and written communication skills.
∙ Skills in the use of computers.
∙ Typing of 45 wpm.
∙ Dependability and reliability.
∙ Paralegal experience highly desirable.
∙ College degree is preferred.
PHYSICAL REQUIREMENTS
The physical demands of the job involves lifting boxes, shifting exhibits and court records that require a person to perform moderate to semi heavy physical activity; requires trouble shooting courtroom equipment; ability to stoop, bend, pull and push carts or portable luggage carriers to deliver voluminous documents to the judges chambers; ability to sit in court at a computer terminal during court hearings entering information into the databases; involves prolonged periods of sitting from two to three hours at a time. Work is performed in an office setting or a courtroom on a daily basis overseeing the general clerical duties.
INFORMATION FOR APPLICANTS
The United States District Court requires employees to adhere to a code of conduct which is available on the Courts web site at www.cacd.uscourts.gov. The final candidate will be subject to an FBI background investigation. The Federal Financial Reform Act requires direct deposit of federal wages for court employees. Due to the volume of applications received, the court will only communicate with those individuals who will be tested or interviewed. All applicants scheduled to test or interview should advise the Human Resources staff if any accommodation will be necessary to test or interview. Applicants must be U.S. citizen or eligible to work in the United States. The United States District Court is a smoke-free environment. Applicants can download an application from the Courts web site at www.cacd.uscourts.gov. Applicants may also be obtained in the Human Resources Department at the address listed below, or by calling the 24-hour job information line at (213) 894-2904. Please submit completed application to:
United States District Court
Human Resources Department
312 North Spring Street, Room 535
Los Angeles, California 90012
The United States District Court is an Equal Employment Opportunity Employer
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Senate Committee on Indian Affairs Hearing re: Youth Suicide
[First Nations] (Native American Netroots - Front Page)This is my summary of the OVERSIGHT HEARING on The Preventable Epidemic: Youth Suicides and the Urgent Need for Mental Health Care Resources in Indian Country held Thursday, March 25, 2010. WEBCAST here. [172 mins.] Senator Franken called the hearing to order, he was visibly exhausted from a voting session that lasted until 3 AM the night before. He spoke for a few minutes until Chairman Dorgan arrived. On behalf of the tribes in Minnesota, Franken thanked Dorgan for his leadership in g ...
This is my summary of the OVERSIGHT HEARING on The Preventable Epidemic: Youth Suicides
and the Urgent Need for Mental Health Care Resources in Indian Country held Thursday,
March 25, 2010. WEBCAST here. [172 mins.]
Senator Franken called the hearing to order, he was visibly exhausted from a voting session that lasted until 3 AM the
night before. He spoke for a few minutes until Chairman
Dorgan arrived. On behalf of the tribes in Minnesota, Franken thanked Dorgan for his leadership in getting The Indian Healthcare Improvement Act included the Health Reform Law. Senator Franken explained that he and Dorgan would only be able to stay a short time since another vote was due to start soon.
The last hearing regarding this issue was February 26, 2009.
Randy Grinnell, Deputy Director of the Indian Health Service was the next testimony. He gave some requisite statistics regarding the IHS and youth suicide.
Chairman Dorgan arrived and thanked Grinnell for his testimony. Dorgan explained that he would have to leave soon and that he and Senator Franken had read the prepared testimony of each participant. It's too bad they had to leave early because important testimony was given after they left.
Coloradas Mangas a sophomore at Ruidoso High School, Mescalero Apache Reservation, New Mexico read his poignant statement of personal numerous losses among his friends.
When I look at the resources that our neighbors have in the town of Ruidoso, I can't help but notice how limited our I.H.S. hospital is when it comes to basic care and more importantly, mental health services. We have a mental health clinic, with only one full time psychologist. One psychologist to serve a community of 4,500 children, youth and adults. It is my understanding that she is currently on administrative leave - indefinitely. With her gone, we have a huge gap in the continuity of care.What troubles me is that law enforcement and the court have a larger role to play during an attempt or completed suicide compared to our mental health clinic. Most attempters don't seek help and some are court ordered to attend therapy. This role of the courts and law enforcement criminalizes their behavior and makes their recovery seem less important.
I applaud our community though. The tribal administration finally understands that our community-based services are not connecting in a vital way to meet the challenges of children and youth with serious mental health needs and their families. With this said, our tribe has applied for the SAMHSA Systems of Care grant. It is my hope that we can fundamentally change the way our services are delivered. Due to the most recent rash of suicides, a new program started in the community called the Honor Your Life Program. It is a SAMHSA funded program that is designed to implement and evaluate a comprehensive early intervention and suicide prevention model.
[snip]
We desperately need a shelter for the youth if they need a place to stay at certain times when the home life becomes very toxic. We have heard from other youth that if they just had a place to go for the night, that they would not have made an attempt on their life.
Dr. Paula Clayton, Medical Director, American FoundatIon for Suicide Prevention, New York City, New York was up next. She also talked about statistics and causes, her conclusion was that it was all about mental illness and screening for these illnesses among our nation's youth.
Culturally sensitive but sustained efforts with multiple approaches offer our best hope to get students into treatments. Obviously, if there is a shortage of treatment resources, than dollars need to be allocated to develop innovative new treatments for Native American youths. We must reduce this fatal outcome. The American Foundation for Suicide Prevention is ready and willing to offer our expertise and advice to this Committee and to all members of Congress as you make the important decisions on how to reduce suicide in the Indian nations.
Ms. Laurie Flynn, Executive Director, TeenScreen National Center for Mental Health Checkups at Columbia University, New York, New York:
Recommendation - Expand Telemedicine with focus on mental health of youth
Identifying youth in need of mental health services through screening is of little utility if
we are unable to connect them to necessary services. As we referenced earlier, the IHS
suffers from a provider shortage for all types of providers, and child and adolescent
psychiatrists are in short supply, not just in the IHS, but the system more generally.
Furthermore, the rural and often isolated locations in which many American Indian and
Alaska Native youth reside contribute to the difficulty of connecting them to appropriate
mental health providers.An important solution to addressing these challenges has been the expansion of the use of
telemedicine services, including telepsychiatry. For example, the University of New
Mexico's Center on Rural Mental Health has been providing telepsychiatry services, also
referred to as tele-behavioral health services, to the Mescalero tribe and others in New
Mexico. Through a contract with the IHS and the State of New Mexico, the Center is able
to offer patient diagnosis, treatment, and supervision services. The Center is also able to
help address the workforce shortage by providing additional training and supervision to
mental health providers, such as social workers.The success of such programs has spurred an increased investment in tele-behavioral
health services. The Methamphetamine and Suicide Prevention Initiative (MSPI)
included funding to establish a National Tele-Behavioral Health Center of Excellence,
and at least 50 IHS and federal sites are using or in the process of creating tele-behavioral
health services. The American Recovery and Reinvestment Act of 2009 (ARRA) also
provided funding to expand the infrastructure necessary to support telemedicine.
The health care reform legislation signed into law earlier this week also includes
provisions that will help expand access to services for American Indian and Alaska
Native youth. New grant moneys for telepsychiatry projects are included in the
legislation, as well as provisions targeted toward addressing IHS workforce recruitment;
improving rural health services; reducing health disparities; and expanding access to
preventive services.These are all steps in the right direction, but we remain far from being able to serve all
youth who are in need of mental health services adequately. We must continue to address
the shortage of services through common-sense, proven approaches such as telemedicine.In my opinion, the most compelling testimony came next. Mr. Hunter Genia, Behavioral Health Administrator, Saginaw Chippewa Indian Tribe, Mt Pleasant, Michigan provided what I considered to be the best recommendations for the committee and for tribal governments. His prepared statement did not include all of his actual testimony so Oke transcribed it for me. I must post most of it because it is worth the read. Mr. Genia works at the tribal level of government. Mr. Genia's testimony begins at 64:24 into the webcast. The two previous speakers definitely had a non Indian perspective. I felt that Hunter really pin pointed what is causing the trouble in Indian Country.
[emphasis mine]
I also work for a coalition of tribes in Michigan that are recipients of a SAMHSA grant called "Access to Recovery." I believe that was originally started under the Bush Administration and hopefully is continued under the Obama Administration, I'll talk about that briefly as well. I also recognize where I come from, the Ottawa and Ojibwa Nation, that I descend from Pontiac, who in the 1700's was the Great Lakes tribal leader who tried to thwart the expansion of western civilization because his fear was that we would adopt too many of the non-Native ways. We would lose ourselves and become lost.
I think what we are seeing in Indian Country is a deep psychological wound that has not healed for many, many generations and hundreds and hundreds of years. We have seen this in the Indian boarding schools that often go untalked about here in America, and in history books. We have not recovered here in Indian Country in full as a result.People believe the Indian Boarding Schools were only from the 1870's to the 1930's. In Michigan we had one boarding school that remained open until the 1980's. My own brother and my own sister attended these schools. You want to talk about trauma, it has only been disclosed in recent years that sexual abuse, physical abuse, emotional abuse, has occurred in these boarding schools, often led by a lot of the church institutions and missionaries.
But as Administrator I've been asked to try and address some of the lack of resources that we have regarding mental health services. So for the last four years I have been the Saginaw- Chippewa Behavioral Health Services Administrator, prior to that for six years our clinical mental health director. Prior to that for ten years I worked in the American Indian urban population where there is virtually zero dollars for Indian health care for a majority of Indian population that live in non-reservation communities.
The Saginaw-Chippewa Indian Tribe is providing nearly 70% of our funding just to operate our own programs, so the amount of dollars coming from Indian Health Services, and other grant funding, is much less than that, so I just want to point that out. Right now our tribe is putting over 1.5 million dollars into our mental health programs. We offer outpatient mental health, substance abuse, residential program, but we are very unique as a tribe. I want to point out that a majority of gaming tribes are not profitable. A majority of gaming tribes are in the red and cannot do what we are doing and providing, so in Michigan our tribe is very unique. One of the things I want to point out about the "Access To Recovery" grant is that it recognizes our cultural and spiritual beliefs, our teachings and our ceremonies; they are actually utilized in our efforts in recovery. Whether we're working with adolescent children, adults, or our elders, the majority of our people are asking that traditional and cultural practices be a part of their treatment process. And that is one of the beautiful things about the Access to Recovery program under SAMSA; it actually acknowledges and respects who we are as an Indigenous people here in this country.
And I just want to point out and remind people that it wasn't until 1978 that the American Indian Freedom of Religion Act was even passed, which took a special act by Congress. So until then many generations of our people had to live in hiding and privatize, really, who we are as an Indigenous people. And I just want to point that out because I think a lot of theses programs are great, but they are not really talking about where these wounds are originating. Many times what we have is a band-aid approach to addressing American Indian health needs, especially the mental health needs.During the 2008, 2009 fiscal years, at any given time we had an average number of 60 tribal members waiting to access behavioral health services. During this time they would wait up to an average of three months before they could even see a counselor or clinician, and I just point that out because if we had more funding we could add more staff to our programs and our resources and be able to address some of those needs.
The Saginaw-Chippewa Indian Tribe also made a decision to build our own residential treatment facility. Before we even laid the first brick down to build this facility we had phone calls from all of the Michigan tribes asking if our facility would be open to their tribes, and unfortunately they're not, and some of that has to do with the Indian Health Services policies regarding funding and some of the access to care. But one of the reasons we built the residential treatment facility on our own reservation is because other than our tribal residential program, our community members had to travel at least 6 to 8 hours or out of state to even access culturally sensitive approach to trauma in facilities and treatment programs. Otherwise they would go to non-native programs that often times were not sensitized to our values, our traditions, and our culture. Therefore a lot of the non-native institutions and approaches were utilized to treat our people and a lot of our people were discriminated against or bias in those treatment settings if they were non-native.
So I think since we opened up our own residential program over 250 of our own tribal members have gone through our residential program, and if that residential program was not there, probably the majority of them would have never even gone into treatment, at all. So, one of the things I want to point out is our tribe is footing the bill for most of our Indian health care, not the United States, or the Federal government, or the Indian Health Services for that matter. We are very fortunate that all the tribes in Michigan are part of the Access to Recovery grant, under SAMSA, but it still is not adequate funding to provide resources at the level we need in our tribal communities to provide services.
I am 40 yrs old; I got my Masters in Social Work from Grand Valley State University. I don't drink, I don't do drugs, and I don't smoke. But I'm very much, in a non-conceited way, unique in that regard. I was talking to a young man here earlier before the meeting started that is from Pine Ridge, I think the difference is that someone along the way said I can be somebody, and I had an opportunity. We can call it mental health illness, but the fact is the majority of the Native American youth in this country doesn't see the opportunity; they're not given a chance to see what dreams they can aspire to.
If you look across the nation here, how many of our people do you see who are in politics? How many do you see in sports? How many do you see in entertainment? Virtually none, and until we are able to place our own people in places of leadership that our young people can turn on the radio and TV and see all they see its what's in their own community, and they don't understand that coming to Washington D.C. is a possibility for them. To be a Governor, to be a Senator, to be a Congressman. It's very far and few in between.
I think what we're trying to do and address in our community. I'll give you two examples, last October we had G.O.N.A., Gathering of Native Americans, it was a four-day training actually facilitated by our own people actually initiated under SAMSA. And it brought all of our community together in a good way, in a good place to talk about what we needed to heal, as a community.
Because that is one thing we all have as universal truths in Indian country. There is a lot of walking wounded people in our community that have not healed from post traumatic historical trauma. Until we address some of those things and give it a name and acknowledge those then I'm not sure that all the programs in the world are going to help. We need to focus on healing and wellness in our tribal community and look at those kinds of things that are generated from multi-generational traumas.The other thing that happened in our community, with the assistance of White Bison, that we had a journey for forgiveness hosted in our community. That for the first time in a Mt. Pleasant community addressed the impact Indian Boarding schools had on our people. As you know, Indian Boarding schools were very good at taking away our language, our cultures, and our traditions. Basically their goal was to Americanize us. So I think a lot of what's happening is a big "who am I"?, "Where do I belong?", "How do I fit in?", " Are we invited to the table?", " Are we important?", I think a lot of our young people don't feel that.
So a lot of things we're trying to do in our community is to let them know that they are important and to help setup programs like that.But I will say that a majority, 60 to 70 percent of our behavior health funding is because our tribe made it a priority, the Saginaw-Chippewa tribe. If we were to rely on the Indian Health Services funding or the Federal government we would not have a majority of the programs available to our own community. So we need more funding, we need more resources. We need more American Indian, Native American leaders, to step up and be a part of our tribal communities and lead these efforts and be seen and be visible in this country, in our communities.
I've had a couple of email exchanges with Hunter and he has more to say:
My understanding why this hearing was scheduled was due to a lot of factors. It appears on the surface that under the Obama administration Native American issues in general have become more discussable along with some movement towards increasing dollars for Indian Health care in general. Suicide in our Native American population has been coming to light more in the just the last few recent years; I think what bothers me is that it has been an ongoing issue though in Indian Country for some time. As we know it seems like we have to have a shooting or massacre to occur before attention is drawn to some of the health issues and disparities in Indian Country, otherwise no one really cares it seems. It is sad though that so many of our people have died at such a young age that we are an elder at 40 and if we made it to age 50, we've managed to do some thing right. We should expand the definition of suicide in my opinion to include the slow drowning of ourselves via alcohol, pain meds, and drugs, these modalities of feeling better are not the answer.
When I testified at the Senate Committee about the walking wounded, lets be real its 2010 and we are just now getting at the table to address health disparities and issues after how many centuries. Our region of Indian Health Services is the lowest funded health care region in the United States but overall it's terrible and unthinkable but we are allowing it to happen in our original homeland. I give Obama credit for putting up the dollars to try and address this however it is going to take more than that. We can't throw money at the problem and expect a cure or miracles we need to combine people, programs, and healing in combination and working with one another. It needs to be a multi faceted approach to start to put a small dent into the problem. The people that need to help are in the communities but they need to be empowered and the red tape or bureaucracy surrounding who qualifies to be a helper needs to be decided at the local level. Having said that, the local tribal communities need to avoid the crab in the bucket issues and focus on the healing and future generations in order to avoid or manage through.
What has happened in our community is that some of our people have become easy targets by tribal and non-tribal citizens due to gaming revenues that tribal members receive. We've had tribal community members become victimized by people who are like professionals at it from outside the local community. We have to be very careful because our population is at an increased risk for vulnerability and we haven't been at the table long on how to deal and address some of these problems, mostly education and prevention are going to be the key and being creative, empowering, and community based focus probably are the best solutions and that is what we are trying to do here.
I love our people very much and we are a proud nation of people who have survived so much abuse in every sense of the word. We can do this, we can get better and it just saddens me when I know there are people hurting and the courage to ask for help and desire change within ourselves seems to be the biggest hurdle. We can do better and we will but its not going to happen overnight. One person at a time, one community at a time, it starts with us.
Hunter Genia
Hunter also pointed out in the open discussion that:
-half of the native population is under age 18.
-U.S. Education standards need to be addressed, many graduates don't know what they should know about Indians. We will remain an invisible people as a result.
-Indian culture and tradition needs to be tied into Indian Country's health care.
The final speaker was Novalene Goklish, Senior Research Coordinator, Celebrating Life Youth Suicide Prevention Program, White Mountain Apache Tribe/Johns Hopkins Center for American Indian Health, Celebrating Life/ Johns Hopkins Project, Whiteriver, Arizona:
Native American communities have tremendous resiliency. We have survived untold adversity by blending our traditional wisdom with new technologies. Culturally appropriate research is a great example. We must harness the power of traditional understanding and rigorous scientific research to stop youth suicide. Tribal university partnerships that are built on trust and longterm commitment-such as the White Mountain Apache Tribe and Johns Hopkins--are the most powerful means for achieving renewed health. Federal funds are well spent in the arena of suicide prevention to reduce the high toll of medical costs and human suffering and to ensure our most precious asset-our youth-live to full maturity and potential. In our belief system, every human life serves a purpose to maintain the health and well-being of Mother Earth. We must find the means to re-learn as a human race that life is sacred; that life is precious; that life is meant to be lived out serving our greater common purpose.I was unable to find out how long this hearing had been scheduled. Many believe it was a result of the Facebook Call the Whitehouse campaign. I do agree with Hunter Genia that many things that are happening now for Indian Country are because Obama is in office. I think it's really too bad that Senators Dorgan and Franken missed Hunter Genia's testimony. I hope that publishing his words here will help more people to see how this issue needs to be addressed.
Cross Posted at Native American Netroots
An ongoing series sponsored by the Native American Netroots team focusing on the current issues faced by American Indian Tribes and current solutions to those issues.
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Large-Scale Shell Game Fraud Alleged in Computers of the US Courts
[CNN] (CNN iReport - Latest)Los Angeles, April 7 – in letter to the Administrative Office of the United States Courts (AOC) Human Rights Alert – a Los Angeles-based NGO and Dr Joseph Zernik requested the AOC’s comments/responses on allegations of large-scale shell game fraud in design and operations of the United States courts computer systems. The case management (CM/ECF) and public access (PACER) systems were implemented at the courts in a massive project, overseen by the AOC, which lasted over ...
Los Angeles, April 7 – in letter to the Administrative Office of the United States Courts (AOC) Human Rights Alert – a Los Angeles-based NGO and Dr Joseph Zernik requested the AOC’s comments/responses on allegations of large-scale shell game fraud in design and operations of the United States courts computer systems. The case management (CM/ECF) and public access (PACER) systems were implemented at the courts in a massive project, overseen by the AOC, which lasted over a decade, at estimated cost of hundreds of millions of dollars. Response of the AOC was requested for inclusion in a report scheduled for submission by Human Rights Alert to the United Nations, as part of the first ever Universal Periodic Review of the Human Rights record of the United States. The case management (CM/ECF) and public access (PACER) systems of the US courts are alleged by Human Rights Alert as key to the precipitous deterioration of court integrity in the US in recent decades, and as the largest Shell Game Fraud in the history of mankind. The April 7 letter to AOC, copied below, made the following four specific claims: 1) Implementation of PACER and CM/ECF amounted to a sea change in court procedures. However, in no case that was examined, did the court comply with Rule Making Enabling Act 28 USC §2071-7. In all cases that were examined the courts failed to establish their new practices and procedure in Local Rules of Courts, as required by law. 2) In all cases that were examined, without exception, the installation of CM/ECF and PACER was also accompanied by concerted efforts to deny the public the Right to Access Court Records - to inspect and to copy. Such denial of access was most clearly seen in relationship to the NEFs (Notices of Electronic Filings) at the US district courts, and the NDAs (Notices of Docket Activity) at the US courts of appeals. The denial of the Right to Access Court Records was most blatant when applied to parties in litigations, who were pro se filers. 3) In all cases that were examined, without exception, the installation of CM/ECF and PACER was also accompanied by denial of the Right to Service and Notice - a cornerstone of Due Process Rights. Such denial of Service and Notice was directed in a discriminatory fashion against pro se filers. 4) In all cases that were examined, features were found in PACER and CM/ECF, which upon review by competent panels of jurisdiction, must be deemed as fraud both by design of the systems and in their current mode of operations. Such alleged fraud on the people was perpetrated in a concerted fashion by the United States judiciary as a class, enabling perversion of justice and denial of access to national tribunals for protection of rights. Review of the Human Rights record of the United States by the United Nations is due November 2010. Human Rights Alert claims in its report that the states and US courts are central to abuse of the Human Rights of the people in the United States. Attached: April 7, 2010 letter by Human Rights Alert to AOC April 7, 2010 Public Affairs Office Administrative Office of the U.S. Courts One Columbus Circle NE Washington, D.C. 20544 By email at http://www.uscourts.gov/comment.html By fax: 202.502.2633@metrofax.com The favor of response within 10 days is requested. Time is of the essence! RE: PACER and CM/ECF Dear Sir/Madam: Human Rights Alert, a Los Angeles-based NGO, is in final stages of preparing a report for submission to the United Nations as part of the Universal Periodic Review of the Human Rights record
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Probation Clerk (Downtown Los Angeles)
[Jobs, Jobs (not Steve)] (craigslist | all jobs in los angeles)OVERVIEW OF THE POSITION The United States Probation Office, Central District of California is currently seeking an exceptional individual for our Probation Clerk (PC) position. The PCs primary role is to provide a variety of administrative and technical assistance to ensure the smooth and efficient management of the office. REPRESENTATIVE DUTIES Perform general receptionist duties, and provide customer service to visitors. Instruct offenders/defendants reporting for supervis ...
OVERVIEW OF THE POSITION
The United States Probation Office, Central District of California is currently seeking an exceptional individual for our Probation Clerk (PC) position. The PCs primary role is to provide a variety of administrative and technical assistance to ensure the smooth and efficient management of the office.
REPRESENTATIVE DUTIES
Perform general receptionist duties, and provide customer service to visitors.
Instruct offenders/defendants reporting for supervision or investigation on procedures for completing appropriate forms and authorizations, and officer assignment
Prepare reports, correspondence and documents, and create case folders. Type, format and proofread.
Enter statistical data in automated case tracking system, generate standard reports from databases and computerized systems, and ensure accuracy of statistical data.
Perform mail room duties. Screen all incoming materials, mail and/or packages and deliver to appropriate individuals in the office as per established office procedures.
Scan incoming and archived files and documents for electronic filing in appropriate location. Maintain and ensure accuracy of electronic files.
Schedule appointments, arrange meetings, and maintain calendars to ensure completion of daily, weekly and monthly reporting.
Report matters regarding the offices physical needs (such as heating, cooling, lighting and cleaning), and any safety issues (such as broken furniture, inoperative equipment, etc).
Assist with any language translation, if needed.
Complete a mandatory 20 hours annually of work-related training.
Perform other representative duties as assigned.
QUALIFICATIONS
Applicants must be a high school graduate or equivalent. Some college strongly preferred. Exceptional organization skills with attention to detail is a must. Must be able to take initiative and work independently. Strong interpersonal skills in communicating with various internal and external individuals, and establishing and maintaining good relationships with outside contacts. General knowledge and skill in use of general office equipment, telephone switchboard, personal computers, scanning devices, and software applications to prepare reports and correspondence. Proficient technical knowledge of Adobe software is a plus. Thorough knowledge of office procedures, practices, processes and telephone etiquette. Excellent knowledge of English grammar, spelling, and editing (will be tested). Ability to organize work in conjunction with interruptions and distractions to meet recurring deadlines, and maintain tracking systems related to cases. Experience with the criminal justice system and/or bilingual in Spanish or other pertinent language is a plus.
INFORMATION FOR APPLICANTS
The U.S. Probation Office requires employees to adhere to a Code of Conduct. The final candidate will be subject to an extensive background investigation by law enforcement agencies. The position is at-will. The Federal Financial Reform Act requires direct deposit of federal wages for employees. Due to the volume of applications received, we will only be able to respond to those individuals who will be tested or interviewed. We are an Equal Opportunity Employer.
BENEFITS
As a federal employee, you will have a wide variety of medical plans from which to choose. Options for dental, vision, life insurance, long-term disability insurance, long-term care insurance and flexible spending accounts. Participation in the Federal Employees Retirement System (FERS). Up to 5% matching on retirement savings (401k equivalent). Generous accrual of paid time off.
HOW TO APPLY
To be considered for this position, please submit a cover letter, resume with salary history, and references to the contact information listed below. Any packet with missing information may not be considered. If you are selected for further consideration, we may also require you to submit proof of your qualifications.
U.S. Probation Office
Attn: Human Resources (10-104)
312 N. Spring St., 6th Floor
Los Angeles, CA 90012-4701
Fax: (213) 894-5666
Email: cacp_hr@cacp.uscourts.gov -
Richard Fine: Comprehensive Review of PACER & CM/ECF Practices Sought By Volunteers Across the US
[CNN] (CNN iReport - Latest)Richard Fine: Comprehensive Review of PACER & CM/ECF Practices Sought By Volunteers Across the US Los Angeles, March 18 – following his claims fraud in PACER and CM/ECF in the habeas corpus petition of Richard Fine at the US District Court, Los Angeles and at the US Court of Appeals, 9th Circuit, Dr Joseph Zernik, Los Angeles, California, resident, published in various online outlets letters 1 seeking volunteers throughout the US to help in producing a comprehensive review ...
Richard Fine: Comprehensive Review of PACER & CM/ECF Practices Sought By Volunteers Across the US Los Angeles, March 18 – following his claims fraud in PACER and CM/ECF in the habeas corpus petition of Richard Fine at the US District Court, Los Angeles and at the US Court of Appeals, 9th Circuit, Dr Joseph Zernik, Los Angeles, California, resident, published in various online outlets letters 1 seeking volunteers throughout the US to help in producing a comprehensive review of the practices and procedures of the United States courts and courts of appeals relative to their computerized systems: PACER – the public access system, and CM/ECF – the case management/electronic filing system. Specific help was requested in a two-fold manner: First – comprehensive examination of the local rules, general orders, and CM/ECF manuals of the district and appellate courts, to identify mention, if any of the practice of NEFs (Notices of Electronic Filings) bearing RSA- encrypted digital signatures as the replacement for the stamps and hand-signatures of the clerks of the courts in the former paper-based certification/authentication; Second – examples of alleged fraud by US District courts and US courts of appeals through the issuance of court orders and judgments with invalid NEFs – bearing no RSA-encrypted digital signatures, or no NEFs at all. In his letters, Dr Zernik compared the practice to the signing of an instrument by an individual, and acknowledgment of such individual's signature on the instrument by a notary public, based on the notary's hand endorsement and stamp, which the notary was required to keep possession of at all times. Furthermore, Dr Zernik stated: “In other words, the public access system (PACER) permitted the inspection and the copying of the instruments alone (and even then - not always the signatures on the instruments), but the NEFs - the equivalent of notary public acknowledgements - were uniformly eliminated from the PACER records. Therefore, there was no way that the public could distinguish through PACER between court records that were honest, valid, and effectual, and the multitude of false and deliberately misleading records that populated PACER through misconduct of the courts.” Such requests were issued as part of an effort to solicit experts’ opinions from outside the US regarding integrity of operations of the US courts relative to the practice and procedures of PACER and CM/ECF. Dr Zernik was confident that experts would confirm his claims that PACER and CM/ECF, as implemented by the Administrative Office of the US Courts, were a large-scale Shell Game fraud. LINKS/NOTES: 1 March 18, 2010 Letter by Dr Joseph Zernik, Los Angeles resident, soliciting volunteer reviews of Local Rules, General Orders, and local CM/ECF User’s manuals across the US. The links at the end of the letter provided examples of both valid, and invalid NEFs. -
Hi , Thanks, since it appears that you know all the right people. Maybe you could help me in the most urgent task, relative to PACER in the US courts and US courts of appeals: THE CLAIMS: My basic claims relative to the recent implementation of the public access (PACER) and case management/ electronic filing (CM/ECF) systems at the United States courts is that it was the largest Shell Game fraud in the history of mankind, and that it was executed with no legal authority at all, since there was no way that the public could tell through PACER, which records were honest, valid
