Tag: defense

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Napolitano’s rocky road

imgres-2The high-profile and surprising choice of former U.S. Homeland Security Secretary Janet Napolitano to head the UC system has fueled criticism over the secret selection process, echoing debates around the country about how higher-education leaders are chosen.

Supporters of a more open method say that better decisions are made when three or four finalists for a university presidency or chancellorship are formally identified to the public, reports today’s Los Angeles Times.  “At that point, faculty and students could have a chance to meet them before a final selection.

“Some public universities in other states are required to do just that, but the UC and Cal State systems usually do not name more than one finalist and do not divulge the closed-door discussions that led to the nomination. Additionally, the final votes by the UC regents and Cal State trustees provide little information about the searches.

“Though widely praised, the selection of Napolitano in July also came as a shock to many outside a relatively small circle of UC regents and other officials. Some activists at California’s public campuses and elsewhere hope to change California’s higher-education hiring procedures.

“We want to see a transparent UC, where the people who are paid out of student tuition money are accountable,” said Caroline McKusick, a leader of UAW 2865, which represents teaching assistants and other student employees in UC. McKusick said that complaints about how Napolitano’s federal agency handled deportations of immigrants who crossed the border illegally should have been publicly aired before she was named as the sole nominee.  Continue reading “Napolitano’s rocky road”

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Taking on the “gay panic” defense

The nation’s largest legal organization, meeting in San Francisco, will consider Monday whether to urge lawmakers to clamp down on the “gay panic” defense, in which murder defendants claim they were provoked by a victim’s homosexual advances.

As California has discovered, however, it’s a hard issue to define and even harder to address.

A resolution before the American Bar Association calls for the federal and state governments to prohibit such defenses in noncapital murder cases – or, as a more moderate option, to require antibias jury instructions modeled after a California law enacted after the notorious East Bay slaying of a transgender teenager.

“There’s still plenty of bias out there,” said Stephen Saltzburg, a George Washington University law professor who will present a resolution against “gay panic” defenses to the ABA’s policymaking House of Delegates.

But California’s example raises questions about whether such measures are effective.

In 2002, 17-year-old Gwen Araujo of Newark was choked and beaten to death by two men who said they became enraged when they learned that the person with whom they had just had sexual relations was born male. As one defense lawyer, Michael Thorman, put it, the killing could be traced to Araujo’s “deception and betrayal” of Thorman’s unsuspecting client.

An Alameda County jury deadlocked on first-degree murder charges against the two men in 2004. A second jury convicted them in 2005 of second-degree murder, with sentences of 15 years to life, while rejecting hate-crimes charges.

In response, the Legislature and Gov. Arnold Schwarzenegger in 2006 enacted the Gwen Araujo Justice for Victims Act, the first law of its kind in the nation. It requires juries in such cases to be instructed that they should not be influenced by the sexual orientation or gender identity of either the victim or the defendant.

Gay rights advocates praised the new law as a possible breakthrough. But it didn’t seem to have much impact in its first known courtroom test.

That case arose from the February 2008 slaying of Larry King, a gay 15-year-old junior high school student in the Ventura County town of Oxnard. A day after King asked 14-year-old classmate Brandon McInerney to be his valentine and called out “Love you, baby” in a hallway, McInerney pulled a pistol out of his backpack in a classroom and shot King in the back of the head.

 

More at: http://www.sfgate.com/crime/article/Law-group-to-take-up-gay-panic-defense-4722191.php

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School transgender decision raises questions

imgres-2A Colorado school’s ruling over a transgender child has sparked questions that could affect schools all over the country. As reported by CNN, the  questions and their implications include the following:

“Which bathroom should be used by a child who identifies as a different gender from his or her body? Where’s the line between accommodation and discrimination? Continue reading “School transgender decision raises questions”

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Women to serve in combat

imgres-1 “Defense Secretary Leon E. Panetta is lifting the military’s official ban on women in combat, which will open up hundreds of thousands of additional front-line jobs to them, senior defense officials said Wednesday,” reports the New York Times.

“The groundbreaking decision overturns a 1994 Pentagon rule that restricts women from artillery, armor, infantry and other such combat roles, even though in reality women have frequently found themselves in combat in Iraq and Afghanistan, where more than 20,000 have served. As of last year, more than 800 women had been wounded in the two wars and more than 130 had died.

“Defense officials offered few details about Mr. Panetta’s decision but described it as the beginning of a process to allow the branches of the military to put the change into effect. Defense officials said Mr. Panetta had made the decision on the recommendation of the Joint Chiefs of Staff. Continue reading “Women to serve in combat”

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Scalia’s disturbing views on marriage

Speaking at Princeton University, U.S. Supreme Court Justice Antonin Scalia was asked why he equates laws banning sodomy with those barring bestiality and murder. The question comes as the court prepares to consider America’s contested Defense of Marriage Act (DOMA), defining marriage as an exclusively heterosexual compact. As reported in HuffPost Gay Voices,

“’I don’t think it’s necessary, but I think it’s effective,’ Scalia said, adding that legislative bodies can ban what they believe to be immoral. Scalia has been giving speeches around the
country to promote his new book, “Reading Law,” and his lecture at Princeton comes just days after the court agreed to take on two cases that challenge DOMA. Continue reading “Scalia’s disturbing views on marriage”