Thursday, June 25, 2009
Court to rule on student loan debts
Posted By Lyle Denniston On June 15, 2009 @ 10:07 am In Orders and Opinions |
The Supreme Court, agreeing on Monday to hear four new cases, said it would decide whether an individual who owes on a student loan may wipe out the debt — at least partly — in a bankruptcy without showing that the debt posed an “undue hardship.” The case is United Student Aid Fund v. Espinosa (08-1134).
The Court also said it would spell out the rights of service station operators to sue to challenge the loss, or non-renewal, of their franchises from oil companies. The Court consolidated for review the cases of Mac’s Shell v. Shell Oil (08-240) and Shell Oil v. Mac’s Shell (08-372).
In a third case, the Court will consider putting constitutional limits on states’ authority to restore storm-eroded beaches along the ocean or lakeshores, when such action modifies private property boundary lines. (Stop the Beach Renourishment v. Florida (08-1151).
The fourth new case brought back to the Court an issue it had agreed to decide, but did not resolve, six years ago: when two companies agree to send their disputes to arbitration, may a court order that process to go forward as a class action, if the contract says nothing on that issue. The issue arises anew in Stolt-Nielsen S.A., et al., v. Animalfeeds International Corp. (08-1198).
In two rulings on the merits, the Court struck down, by a 7-2 vote, a tax imposed by the city of Valdez, Alaska, on cargo ships that used its port (Polar Tankers v. Valdez, 08-310), and it issued a unanimous ruling clarifying the findings that an immigration judge must make in order for a conviction of a crime to be used as the basis for deportation (Nijhawan v. Holder, 08-495).
The Court, moving toward a summer recess starting late this month, has 14 decisions to go. It announced Monday that it would sit again on Thursday, and more decisions are expected then.
The Court, in another of Monday’s orders, invited the U.S. Solicitor General to offer the federal government’s views on an issue under the bankruptcy law’s Chapter 13 — what is the formula bankruptcy courts are to use in deciding how much a Chapter 13 debtor has available to pay creditors who hold no security, when a repayment plan is being fashioned. There is no deadline for the S.G.’s response. The case is Hamilton, Trustee, v. Lanning (08-998).
Among the cases the Court refused to hear on Monday was a constitutional dispute over the federal government’s powers to set aside federal and state laws that interfere with the building of the long fence on the U.S.-Mexico border, part of an effort to restrict drug traffic and thwart terrorist movements. The Court had turned aside that controversy a year ago (07-1180). This time, the Justices examined the new case at eight separate private meetings, then still came to the conclusion that it would not rule on it. The case is El Paso County, et al., v. Napolitano (08-751). As usual, the Court offered no explanation for denial of review.
In another denial, the Court refused to hear a claim that anti-Castro sentiment was so rampant in the Miami, Fla., area that a group of five Cubans could not get a fair trial there on charges of spying for that government. The case had stirred a strong international reaction. It was Campa, et al., v. U.S. (08-987).
Filings in granted cases and the CVSG case are below the jump.
State getting IOUs ready
Wednesday, June 24, 2009
SACRAMENTO - California Controller John Chiang warned Wednesday that the state would issue IOUs for the first time in 17 years starting next week unless the Legislature starts fixing an estimated $24 billion budget shortfall. Chiang's announcement came as a Democrat-crafted package of budget cuts failed on party-line votes, highlighting the Capitol's gridlock in solving the state's budget mess and avoiding a cash crisis in July.
Lawmakers are scheduled to be back in session this morning to try again. Legislative leaders told lawmakers to be ready for floor sessions throughout the weekend. Yet there were no signs Wednesday that lawmakers are anywhere close to an agreement on fixing the 2009-10 spending plan passed only four months ago. State revenue has nosedived since then and voters rejected several billion dollars in budget solutions. Wednesday's legislation contained about $11 billion in spending cuts. The Legislature's majority Democrats said they would oppose additional reductions to children's health, welfare-to-work, and in-home care programs. "We're the eighth-largest economy in the world. There is no excuse for us not being able to provide for our most vulnerable citizens," said state Sen. Denise Moreno Ducheny, D-San Diego, who represents part of Riverside County.
Republicans countered that the Democratic proposal would still leave the state spending billions more than it takes in. They also opposed higher taxes on oil and tobacco products that are part of a different bill that was not considered Wednesday. "You think we enjoy making cuts? You think we want to see little kids running around without shoes or food or anything like that?" said state Sen. Bob Dutton, R-Rancho Cucamonga. "The problem is that the way we've been going about this the last six or seven years wasn't the right way to do it," said Dutton, the Senate GOP's budget point person. Republican Gov. Arnold Schwarzenegger has proposed billions in additional cuts and the elimination of some health and welfare programs. The governor has vowed to veto the Democrat-crafted legislation if it reaches his desk. The governor's office said Wednesday's debate "has cost the state valuable time and pushed us closer to insolvency."
IOU ahead
Wednesday's budget votes were the first since all-night legislative sessions in February yielded $41.7 billion in higher taxes, spending cuts and borrowing as part of a spending plan that was supposed to take the state through June 2010. The state's budget problems won't go away. California's projected tax revenue has fallen by billions. Last month, voters snubbed $6 billion in borrowing and fund shifts assumed in the February deal.
The state now is on pace to run out of money by July 28. Treasurer Bill Lockyer and Chiang -- both Democrats -- and Schwarzenegger have called on lawmakers to fix the budget by the end of June to allow enough time to arrange short-term loans.
Chiang's IOU announcement adds another level of urgency in the standoff. The state has not issued IOUs since 1992. Chiang's office delayed some payments during a cash crunch earlier this year but the problem is much worse now, his office said. "We need to conserve cash in order to make all the payments at the end of July," controller's spokeswoman Hallye Jordan said.
Bond holders, schools, and some other state programs get first dibs on state money. The state cannot issue IOUs to state employees because of a court ruling after the 1992 IOUs. The IOUs would go to companies doing business with the state, local governments, and some other recipients of state money. They later would be repaid in full, plus interest.
Issuing IOUs likely would worsen the state's credit rating. That would make it more expensive, if not impossible, to borrow money next month and thereafter. "If the state starts issuing IOUs, the damage to our credit rating could be substantial and long-term. It could take years to recover," Lockyer spokesman Tom Dresslar said. State Sen. Gloria Negrete McLeod, D-Chino, said Republican lawmakers should support the Democratic plan and avoid the IOUs. If the Republicans don't feel it's enough, well, they don't have a plan," she said. "Somebody said this is like giving a starving man a hamburger and he doesn't want it because it doesn't have fries." I want to solve the problem. I'd stay here 24 hours a day if I have to if we actually solve the problem," (S)he said.
Sunday, June 21, 2009
Riverside County Board of Supervisors, others volunteer for 10 percent pay cuts
By JULIA GLICK
The Press-Enterprise
All Riverside County supervisors and several other elected officials have volunteered for 10 percent pay cuts to help save money and to demonstrate solidarity with workers who are being asked to make concessions, it was announced Tuesday.
Supervisors Roy Wilson and Marion Ashley requested and were granted 10 percent pay reductions last week. They encouraged other elected officials to do the same. Supervisor John Tavaglione, who was traveling last week on county business, announced Tuesday he would join them. Supervisors Jeff Stone and Bob Buster followed suit. "We need to set the example for our employees in these very difficult times," Tavaglione said. "I think our board should be unanimous in that regard."
Supervisors will each see a cut of about $14,300 to their annual $143,000 salaries. The cuts would last at least one year and could be renewed based on the county's financial position. County Executive Officer Bill Luna next week plans to propose that managers take similar cuts to their pay and benefits, according to a county news release. Auditor-Controller Robert Byrd, Treasurer-Tax Collector Don Kent and Assessor-County Clerk-Recorder Larry Ward have also requested cuts.
The county is working to close a $130 million revenue shortfall in the fiscal year that begins July 1. It has sought concessions from several employee unions.In April, supervisors authorized Luna to impose cuts and furloughs on managers who are not represented by unions.
The county is running out of time on the budget, Luna said in a written statement. Hopefully, unions will recognize the budget crisis and agree to their share of cuts, he added. The county plans to adopt a budget June 30.
Friday, June 19, 2009
Retribution - by any means necessary
Oh how could I be so brazen. Further, I had a picture of the "unknown comic" from the eighties on one page. Just for fun, a person with a smiling grocery bag (as in gag) over his or her head. As well as a picture of myself dressed for Halloween as a Roman Senator, you know Rome! Aligned with the sixth grade curriculum. I was told that someone at the DO found it offensive! No names were given, see also "blackey Houston's Moreno valley" and most anything written by 'MVgordie.' This all occurred two days after the hail storm of critical commentary from the readers of the Press Enterprise's timid report on Victoria Baca's arrest. I admitted (in my blog and the P.E. commentaries) to having seen Mrs Baca engaged in some very racist comments of her own. In doing so I probably gave my ID away. I have always made it clear that I am a concerned educator in Moreno Valley. No problems, I too ms. Baca have a right to freedom of speech. Anyway, the principal was told "someone" from the DO would be putting paper (a reprimand) in my file." Further, he asked me to go home and made it clear that I wasn't to return until I had a doctor's written "clean bill of health." I asked what he meant and he just told me the same thing again. " a clean bill of health. I returned to Friday morning with the note. and went about my day. The first day of my vacation. I was left a message from the Principal to call him. I needed to come in and move my stuff from my office so it could be painted. Knowing this was the whim of our guidance clerk and the DO was broke. I sent a letter to the lead custodian and one of the head painters saying that I really didn't want. MY office painted. Never the less The Principal came in and immediately called me. Telling me to come in on the first day of summer break. Lets see what "retribution" is in the works come August.
Thursday, June 18, 2009
Cuts cost L.A. Unified its Teach for America instructors for next year
The district has worked with the nonprofit since the early 1990s; more than 600 Teach for America members have taught in L.A. Unified classrooms since 2004. Now, in addition to taking no new teachers from the program next year, the district is considering laying off a third of its current 67 first-year Teach for America members.
But for now, the district's decision means that in Teach for America's Los Angeles region, which is among the organization's largest nationwide, most members will teach at charter schools, not traditional public schools. Charters are publicly funded schools that operate independently and are free from many state and district regulations.
"So long as we are serving students from low-income settings in public schools, we are agnostic about the governance model of those schools," said Brian Johnson, executive director of the nonprofit's Los Angeles operation. "We want to have a significant presence in traditional public schools. However, if there are no vacancies in traditional LAUSD schools this year, we want to ensure that we are still bringing top talent into classrooms in Los Angeles."
Some educators are critical of the program, saying its young teachers lack the training of traditional teachers and sometimes use the time to add an altruistic flourish to their resumes before they move on to more lucrative careers.
Supporters point out that teacher turnover in troubled schools is high regardless, and that after Teach for America members finish their two-year commitment, two-thirds continue to work in education. Research also has shown that the Teach for America members are as effective as teachers with conventional credentials.
For the coming school year, the program accepted 4,100 out of 35,000 applicants for placements across the nation. About 140 of these teachers will be based in the Los Angeles area, and more than 100 of them will be placed in charter schools.
The program's 14 placements in the Compton Unified School District for next year appear unchanged for now. But 13 placements in the Pasadena Unified School District are uncertain as the district struggles with state budget cuts, officials said.
"All things told, we have . . . felt very fortunate to have the caliber of teachers we were able to bring on the Muir staff from TFA," said Tim Sippel, assistant principal at Pasadena's John Muir High School, where five were placed this year. "We desperately hope we can retain them in the midst of the budget crisis we are facing as a district."
In Los Angeles, the Teach for America members who recently received pink slips are among some 2,500 employees in the district facing layoffs as the district struggles to find $132 million in additional cuts this school year, and $143 million more for the coming year. Teachers in the program are paid $39,788 annually, the same as other new teachers with alternative certifications. The district also pays the organization a $3,000 training fee for each member it hires.
Libby Pier, 22, an eighth-grade English teacher at Los Angeles Academy Middle School, was angry and hurt when she received her layoff notice in the mail. The Boston native, who graduated from Northwestern University last year, said her year of teaching in South Los Angeles has been rewarding and challenging, and a learning experience.
"I've fallen in love with my school, with my kids, and the idea of being able to help even one student and make a difference in their lives and make them love learning," said Pier, who has interviewed at four inner-city charter schools and may pursue a doctorate in educational psychology if she can't find a classroom position. "I was definitely planning on remaining in teaching. . . . Now, I don't have a job."
seema.mehta@latimes.com
Tuesday, June 16, 2009
What CFT Members Can Do About the State Budget Crisis - Print E-mail
(sorry it's hard to find good info let alone tactics from CTA)
Now the same factors that produced the budget crisis last year are being enormously compounded by the national economic crisis. To his credit, the governor has added the small progressive tax on oil into the mix with his regressive sales tax proposal. But the problem is deeper than just this year. We have a structural gap in the California state budget, varying year by year, but running in the billions of dollars.
We need instead to increase state revenues with carefully considered tax increases, especially closing tax loopholes for those who can most afford to pay: the wealthy and large corporations. Taking these actions will allow us to fund the social programs we need.
What created the problem?Mostly undiscussed, but crucial to understanding California's problem, is that the state legislature, to get a recalcitrant minority of anti-tax legislators to pass state budgets, gave up taxes on the top brackets and the much-maligned vehicle license fee (VLF) during the height of the dot-com bubble. Each year since 1991, the state budget's ability to generate revenue has been compromised by rescinding one or more taxes. This meant the accumulated loss of many billions of dollars in revenue, contributing greatly to the current deficit.
Indeed, the VLF alone was worth $4 billion per year when Schwarzenegger, to great applause by the legislative Republicans, eliminated it. The VLF today is estimated to be worth close to $6 billion. Add up the loss of that amount each year since Schwarzenegger's election, and you have the budget deficit. Until last summer, Schwarzenegger clung to the position that he would not raise taxes. (Technically, the VLF is a fee; but since he called it "the Gray Davis car tax" throughout his recall campaign, that's what it remains in the public mind.)
Bring the top income tax bracket (people who make more than $300,000) back from 9.3% to 11% ($5 billion)
2)Reinstate the vehicle license fee ($6 billion per year)
3)Re-assess non-residential real property ($3 billion per year)
4)Limit mortgage interest deductions to $50,000 in interest ($47 million per year)
5)Require that large corporations file as corporations, not “S” type partnerships ($500 to 600 million per year)
6)Enact severance tax on oil produced in California ($.5 billion per year)
7)Extend sales tax to Internet purchases ($20 million)
These are each worthy proposals. But the real problem that needs to be addressed to solve California's budget problems is Proposition 13. It builds in inequities between residential and commercial taxation, and, depending on when a homeowner buys a house, inequities among homeowners as well. Reform of Proposition 13, which locks in a broken budget system, is an urgent priority.
The "two thirds" problem: blocking democracy. The problem with these ideas is that in California, any tax increase must be approved by a supermajority of 2/3 in the state legislature. California is one of just three states that require more than a simple majority to raise taxes. Each year a small minority of legislators, opposed to tax increases on ideological grounds, can block the will of the majority and prevent a balanced approach to solving the budget crisis. That's what happens every year, including last year, once again. Legislators should be able to enact a necessary tax increase with a simple majority instead of wrangling endlessly with hard core anti-tax ideologues.
Over time we must convince our legislators and the governor that only progressive tax reform can solve the long-term crisis. The problem isn't "overspending." This is a simplistic analysis of a complex problem. California is a big and growing state, and needs big revenues to function.
We are currently witnessing the return of the Gilded Age, in which the wealthiest among us continue to increase their riches at the expense of the rest of us. The top one percent of wealth holders in the United States owns one third of the assets of the country. The top ten percent owns 70% of the wealth. That leaves the bottom ninety percent of wealth holders–the overwhelming majority–with less than a third of the country's wealth. When Barack Obama spoke of "spreading the wealth around," this is the reality to which he was referring.
Don't let people tell you that "we don't have the money" for a decent public education system. The money's there. It's just in the wrong pockets. Tell your legislators.
Other Resources on the State Budget Crisis
From CFT president Marty Hittelman
.
I am asking you to take a few minutes out of your busy life to contact your legislators. We must act now to help prevent massive reductions in funding to public education and social services.
Send a letter to your legislators
California is facing the most severe budget crisis since the passage of Prop 13 in 1978. In many ways it is even worse today, as we have already experienced many years of large cuts to public education and social services.
Read more...
L.A. teachers arrested in civil disobedience protest Print E-mail
utlacd2
May 15 — Several dozen members and leaders of United Teachers Los Angeles (UTLA) were arrested when they sat down in the street in front of the Los Angeles Unified School District headquarters and refused to leave. UTLA had scheduled a one-day strike to protest budget reductions, layoffs and soaring class sizes, but had to revise their plan when a judge issued a restraining order that would have fined teachers and threatened revoking their credentials if they struck. Instead, teachers demonstrated before school at their sites and staged a sit in.
Read more...
CFT files suit to protect schools, community colleges Print E-mail
May 8 — The California Federation of Teachers, AFT/AFL-CIO yesterday filed suit in San Francisco Superior Court to force the state to repay nearly $12 billion slashed from the K-14 public education budget over the past two years. The CFT was joined by Service Employees International Union Local 99 in the lawsuit, which seeks to enforce voter-approved Proposition 98 minimum funding guarantees.
The CFT filed the suit following an announcement by Governor Schwarzenegger threatening to cut another $3.6 billion from the education budget. The plaintiffs said that going to court to restore school funding is a better option than passing Propositions 1A and 1B in the May 19 Special Election.
Saturday, June 13, 2009
Saturday, April 18, 2009
Thursday, March 26, 2009
Funny Pictures & MySpace 2.0 Layouts
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Wednesday, March 25, 2009
Tuesday, March 24, 2009
Another Fat cat bites the dust
CTA Secretary-Treasurer Voted Out in Upset
Mar 24, 2009 8:37 AM - Show original item
An unbroken line of succession to higher office is well established in NEA circles. The position of secretary-treasurer is the gateway office to move from the representative elected bodies to the executive ones. Incumbent secretary-treasurers move up to vice president. Incumbent vice presidents move up to president. It works the same way in most state affiliates, and the California Teachers Association has been no exception - until now.
Current CTA President David Sanchez held both the vice president and secretary-treasurer positions, as did his predecessor, Barbara Kerr. Current CTA Vice President Dean Vogel was secretary-treasurer. But Dan Vaughn, elected two years ago as secretary-treasurer when Vogel moved up, was defeated in his bid for reelection by an unlikely candidate, Gail Mendes, former president of the United Teachers of Richmond.
Mendes is a member of the union’s State Council, the body that elected her, but did not sit on the board of directors, making her jump to an executive position quite remarkable. I’m checking into what was behind the upset victory since, as usual, there is very little to distinguish the candidates on issues.
The CTA State Council also voted to support all six budget-related initiatives on the May 19 special election ballot, even though the California Nurses Association opposes all six, and the California Federation of Teachers opposes all but one.
Create a playlist at MixPod.com
Monday, March 23, 2009
Moreno Valley Educators Association - screws 286 Educators
Saturday, March 21, 2009
Discussion: All this to get fair union representation
THE FOLLOWING IS THE PROCEDURE TO DECERTIFY OR DEAUTHORIZE A COLLLECTIVE BARGAINING ORGANIZATION (it further breaks my heart that I had to use resources from several right-wing idiots, humiliation on top of loosing so many of our fine people):
California
Decertification: The procedures for decertifying an exclusive bargaining representative depend on whether the employee is covered by the Educational Employee Relations Act (EERA) (public schools and community colleges); the Dills Act (state employees); the Higher Education Employer-Employee Act (HEERA) (state universities); or the Meyers-Milias Brown Act (MMBA) (cities and counties). See http://www.perb.ca.gov/laws/default.asp
If the employee is covered by the EERA, the Dills Act, or the HEERA, then a decertification petition is filed with the California Public Employment Relations Commission (PERB), available at:
http://www.perb.ca.gov/forms_pubs/pdfs/decertpet.pdf
Persons must file a decertification petition with the appropriate PERB regional office per PERB Regulation 32075, and must accompany said petition with proof of support of at least 30% of the employees in the established bargaining unit.
If the employee is covered by the MMBA, then decertification elections are determined and processed in accordance with the rules adopted by the local city or county agency. See California Government Code Section 3507.1.
Deauthorization: California law has provisions which provide for recission (deauthorization) of Public school (K-12) and community college employees. Educators can file a petition for recission of the fair share fee provision with the appropriate PERB regional office (see PERB Regulation 32075). To obtain a Recission Petition see the PERB website at:
http://www.perb.ca.gov/forms_pubs/forms.asp
and scroll down, then click on EERA Fair Share Fee Recission Petition.
The Art of SETTING LIMITS, Its not as easy as it looks.
Art of Setting Limits Setting limits is one of the most powerful tools that professionals have to promote positive behavior change for their clients, students, residents, patients, etc. Knowing there are limits on their behavior helps the individuals in your charge to feel safe. It also helps them learn to make appropriate choices.
There are many ways to go about setting limits, but staff members who use these techniques must keep three things in mind:
Setting a limit is not the same as issuing an ultimatum.
Limits aren’t threats—If you don’t attend group, your weekend privileges will be suspended.
Limits offer choices with consequences—If you attend group and follow the other steps in your plan, you’ll be able to attend all of the special activities this weekend. If you don’t attend group, then you’ll have to stay behind. It’s your decision.
The purpose of limits is to teach, not to punish.
Through limits, people begin to understand that their actions, positive or negative, result in predictable consequences. By giving such choices and consequences, staff members provide a structure for good decision making.
Setting limits is more about listening than talking.
Taking the time to really listen to those in your charge will help you better understand their thoughts and feelings. By listening, you will learn more about what’s important to them, and that will help you set more meaningful limits.
Download The Art of Setting Limits
SYSTEMATIC USE OF CHILD LABOR
CHILD DOMESTIC HELP
by Amanda Kloer
Published February 21, 2010 @ 09:00AM PT
category: Child Labor
Wanted: Domestic worker. Must be willing to cook, clean, work with garbage, and do all other chores as assigned. No contract available, payment based on employer's mood or current financial situation. No days off. Violence, rape, and sexual harassment may be part of the job.
Would you take that job? No way. But for thousands of child domestic workers in Indonesia, this ad doesn't just describe their job, it describes their life.
A recent CARE International survey of over 200 child domestic workers in Indonesia found that 90% of them didn't have a contract with their employer, and thus no way to legally guarantee them a fair wage (or any wage at all) for their work. 65% of them had never had a day off in their whole employment, and 12% had experienced violence. Child domestic workers remain one of the most vulnerable populations to human trafficking and exploitation. And while work and life may look a little grim for the kids who answered CARE's survey, it's likely that the most abused and exploited domestic workers didn't even have the opportunity to take the survey.
In part, child domestic workers have it so much harder than adults because the people who hire children are more likely looking for someone easy to exploit. Think about it -- if you wanted to hire a domestic worker, wouldn't you choose an adult with a stronger body and more life experience to lift and haul and cook than a kid? If you could get them both for the same price, of course you would. But what if the kid was cheaper, free even, because you knew she wouldn't try and leave if you stopped paying her. Or even if you threatened her with death.
Congress Aims to Improve Laws for Runaway, Prostituted Kids
by Amanda Kloercategories: Child Prostitution, Pimping
Published February 20, 2010 @ 09:00AM PT
The prospects for healthcare reform may be chillier than DC weather, but Democrats in the House and Senate are turning their attention to another warmer but still significant national issue: the increasing number of runaway and throwaway youth who are being forced into prostitution. In response to the growing concerns that desperate, runaway teens will be forced into prostitution in a sluggish economy, Congress is pushing several bills to improve how runaway kids are tracked by the police, fund crucial social services, and prevent teens from being caught in sex trafficking. Here's the gist of what the new legislation is trying to accomplish:Shelter: Lack of shelter is one of the biggest vulnerabilities of runaway and homeless youth. Pimps will often use an offer of shelter as an entree to a relationship with a child or a straight up trade for sex. In the past couple years, at least 10 states have made legislative efforts to increase the number of shelters, extend shelter options, and change state reporting requirements so that youth shelters have enough time to win trust and provide services before they need to report the runaways to the police. Much of the new federal legislation would make similar increases in the availability and flexibility of shelter options.
Police Reporting: Right now, police are supposed to enter all missing persons into the National Crime Information Center (NCIC) database within two hours of receiving the case. In reality, that reporting doesn't always get done, making it almost impossible for law enforcement to search for missing kids across districts. This hole is a big problem in finding child prostitution victims and their pimps, since pimps will often transport girls from state to state. The new bill would strengthen reporting requirements, as well as facilitate communication between the National Center for Missing and Exploited Children and the National Runaway Switchboard
We Must Never Forget These Soldiers, Sailors and Airmen and Women
Nor the Fool Politicians that used so many American GIs' lives as fodder for the fight over an english noun - "Communism"
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Thanks for your input and keep up the good fight
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