Tag: california

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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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Gains and losses for transgender rights

This past week the national media featured many stories about California’s newly adopted Assembly Bill 1266 recognizing the rights of transgender students in K-12 schools. While a few other states have put in place similar provisions, California is the first state to address the issue with a statewide law. It’s an encouraging accomplishment.images-1

Meanwhile, things seem to be going in the opposite direction in Florida, as Huffington Post reported today:

“In Miami-Dade, it’s still legal to fire, deny housing, refuse services, or just plain discriminate against an individual for being transgender. That’s because a proposed amendment to protected transgendered people under Miami-Dade County’s anti-discrimination law failed this week — and advocates are blaming “chief obstructionist” Commissioner Lynda Bell in particular. In May, the county’s largest gay rights group, SAVE Dade, introduced a”TransEquality” campaign “to pass a trans-inclusive countywide Human Rights Ordinance” that would amend Miami-Dade’s 1998 anti-discrimination law. The law protects gays and lesbians, but doesn’t include language for transgender rights.

“The proposal seemed on track when, sponsored by Commissioners Bruno Barreiro and Audrey Edmonson, it passed on its first reading with an 11-1 vote — with Bell casting the lone vote against it, according to the Miami Herald. The amendment then went to the Health and Social Services Committee, of which Bell is a member. But before the committee hearing, the Christian Family Coalition of Miami-Dade County — an “ally” of Bell that has previously endorsed her — sent an illustrated emailurging members to show up to a public discussion. It referred to the proposal as “a dangerous law,” warning that it would “force all places to open bathrooms and dressing rooms to ‘transsexuals.'” A second flyer warned the proposal was “another excuse to discriminate against Christians” and could lead to lawsuits against religious schools.”

 

More at: http://www.huffingtonpost.com/2013/08/14/miami-dade-transgender-rights_n_3755340.html

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Lurking anti-Asian bias

White Californians seem to favor meritocratic university admissions – but not for everyoneimages-2

“Critics of affirmative action generally argue that the country would be better off with a meritocracy, typically defined as an admissions system where high school grades and standardized test scores are the key factors, applied in the same way to applicants of all races and ethnicities, reports InsideHigherEd.

“But what if they think they favor meritocracy but at some level actually have a flexible definition, depending on which groups would be helped by certain policies? Frank L. Samson, assistant professor of sociology at the University of Miami, thinks his new research findings suggest that the definition of meritocracy used by white people is far more fluid than many would admit, and that this fluidity results in white people favoring certain policies (and groups) over others.

“Specifically, he found, in a survey of white California adults, they generally favor admissions policies that place a high priority on high school grade-point averages and standardized test scores. But when these white people are focused on the success of Asian-American students, their views change. The white adults in the survey were also divided into two groups. Half were simply asked to assign the importance they thought various criteria should have in the admissions system of the University of California. The other half received a different prompt, one that noted that Asian Americans make up more than twice as many undergraduates proportionally in the UC system as they do in the population of the state. When informed of that fact, the white adults favor a reduced role for grade and test scores in admissions — apparently based on high achievement levels by Asian-American applicants. (Nationally, Asian average total scores on the three parts of the SAT best white average scores by 1,641 to 1,578 this year.) When asked about leadership as an admissions criterion, white ranking of the measure went up in importance when respondents were informed of the Asian success in University of California admissions.

“Sociologists have found that whites refer to ‘qualifications’ and a meritocratic distribution of opportunities and rewards, and the purported failure of blacks to live up to this meritocratic standard, to bolster the belief that racial inequality in the United States has some legitimacy,” Samson writes in the paper. “However, the results here suggest that the importance of meritocratic criteria for whites varies depending upon certain circumstances. To wit, white Californians do not hold a principled commitment to a fixed standard of merit.”Samson raises the idea that white perception of “group threat” from Asians influences ideas about admissions criteria — suggesting that they are something other than pure in their embrace of meritocratic approaches.”

 

Read more: http://www.insidehighered.com/news/2013/08/13/white-definitions-merit-and-admissions-change-when-they-think-about-asian-americans#ixzz2c0wiD7dF
Inside Higher Ed

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Calif debating sperm donor rights

California’s state Legislature is preparing to battle over a bill that could redefine the family unit and the parental rights of sperm donors – a move that has split gay and lesbian advocates and has some women’s rights groups up in arms, reports today’s San Francisco Chronicle

images“On Tuesday, the Assembly Judiciary Committee is scheduled to hear the debate kicked off by state Sen. Jerry Hill, D-San Mateo.

“State law now holds that, unless parties make an agreement in advance, a sperm donor is “treated as if he were not the natural father” and the mother is the sole legal parent.

“But under Hill’s proposed SB115, a sperm donor who “receives the child into his home and openly holds the child out as his natural child” could be declared a legal parent. Hill said his bill would better protect children – but critics suggest it could reshape thousands of families by opening the door for sperm donors to claim parental rights.

“The proposed legislation has set off a round of celebrity-fueled coverage because it showcases the case of actor Jason Patric, 47, the star of the film “Lost Boys,” who is in a legal battle with former girlfriend Danielle Schreiber over custody of their 3-year-old child, Gus.  Continue reading “Calif debating sperm donor rights”

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Transphobia on Fox

Fox News attacked a bill in California to allow transgender students equal access to school facilities and programs, inappropriately calling the measure a “bathroom bill” imgresand interviewing a notorious anti-LGBT activist to suggest that students will use the law to take advantage of members of the opposite sex, reports MediaMatters

“During the August 9 edition of Happening Now, Fox News reporter Adam Housley discussed a California bill that would require public schools to allow transgender students to choose which school teams they wish to join based on their gender identity. The bill would also allow transgender students to use restrooms and facilities that match their gender identity.

‘Throughout the segment, Fox’s chyron inaccurately identified the measure as a “bathroom bill,” while Housley echoed right-wing fears that the measure might lead to inappropriate behavior between students: The segment also featured a statement from Brad Dacus – the president of the notoriously anti-LGBT Pacific Justice Institute – who warned that the bill “grotesquely violates the privacy rights and security interests and needs of students.”

“Fox’s framing of the measure as a “bathroom bill” is a shameless attempt to prop up the right-wing myth that transgender protections will be exploited by sex offenders who want to infiltrate opposite sex bathrooms. In reality, the measure would merely affirm current law which prohibits California public schools from discriminating against transgender students. Allowing access to appropriate facilities and participation on school teams is an important step to deal with the high rates of bullying and harassment faced by transgender students.  As a recent decision by the Colorado Rights Division stated, refusing this kind of access to transgender students “creates an environment that is objectively and subjectively hostile, intimidating, or offensive.” Continue reading “Transphobia on Fox”

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Univ of Calif affirms speech rights

The right of faculty members to speak out on matters affecting their colleges and universities has long been viewed as central to the way academic freedom and shared governance are supposed to work in American higher education, reports Inside Higher Edimages

“The University of California Board of Regents affirmed that right this month with an amendment to the system’s “Statement on the Professional Rights of Faculty.” In so doing, the board sought to undercut the impact of a 2006 U.S. Supreme Court ruling that has been used in some cases to question the faculty right to speak out on institutional governance.

“The new language states that faculty members have the “freedom to address any matter of institutional policy or action when acting as a member of the faculty whether or not as a member of an agency of institutional governance.”

“While many faculty members might just assume that they have that right, the 2006 decision (which was not about higher education) led some courts to question such rights. That ruling, Garcetti v. Ceballos, was about a suit by a deputy district attorney in Los Angeles who was demoted after he criticized a local sheriff’s conduct to his supervisors. The Supreme Court ruled that First Amendment protections do not necessarily extend to public employees when they speak in capacities related to their jobs. Continue reading “Univ of Calif affirms speech rights”

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California nears gender identity legal breakthrough

Gender identity will no longer limit California students in their decisions concerning which bathrooms and locker rooms to use, or which sports teams to join, reports today’s DailyCaller

“Under a proposed law that has passed the state legislature and now awaits the signature of Gov. Jerry Brown, students in California will be able to make such choices based on their perceived gender identities, CNN reports.

“Assembly Bill 1266 aims to extend the rights of transgender students. The text requires that students “be permitted to participate in sex-segregated school programs and activities, including athletic teams and competitions, and use facilities consistent with his or her gender identity, irrespective of the gender listed on the pupil’s records.”In May, California’s Assembly had approved the proposed law, which was advertised as the School Success and Opportunity Act. This week, the state Senate passed the proposal by a 21-9 vote. Representatives for Gov. Brown have not signaled whether he will sign the bill. If the new law goes into effect, it will be the first such law anywhere in the country that expressly insists that public school facilities and school-sponsored activities provide equal access to all students based purely on the way they feel about their genders. Continue reading “California nears gender identity legal breakthrough”

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Facts about artists

Instagram and Etsy have made everyone seem like artistic geniuses, but according to the National Endowment for the Arts, artists make up only 1.4 percent of the U.S. labor force. “Last week, we learned a lot more about the roughly 2 million artists in the workforce thanks to the NEA study,  “Equal Opportunity Data Mining: National Statistics about Working Artists.” imgresAs reported bu the Washington Post, “The study, based on Census data, classifies artists by occupation, demographics and region. The NEA also provides this handy interactive map, which ranks states according to artists as a share of the state’s total labor force. Here are five of the more surprising findings.

“Congratulations, California. You’re still an artist haven, with Los Angeles and San Francisco boasting the highest percentages of artists in their workforces, according to the NEA’s city-to-city comparison. Artists make up 4.86 percent of the Los Angeles workforce and 4.3 percent of San Francisco’s. The third-ranked city? That would be Santa Fe, New Mexico, with artists making up 4 percent of all workers.

“New York City is home to more artists than any other U.S. city, with 140,915 people engaged in artistic professions, but with a workforce of 4.1 million people, that’s only 3.4 percent of its total workforce. In fact, New York City has only a slightly higher percentage of working artists per capita than Washington, D.C., where artists make up 3.1 percent of the workforce. (This may seem unlikely, considering that the New York data include Brooklyn. But remember that the New York metro area is enormous. And to count, artists had to report income or be actively pursuing work as a primary profession, which means thousands of aspiring poets in Williamsburg were probably excluded.) Continue reading “Facts about artists”

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Privatizing the public university

In a unanimous vote last month, the Regents of the University of California created a corporate entity that, if spread to all UC campuses as some regents envision, promises to further privatize scientific research produced by taxpayer-funded laboratories, reports the EastBayExpress.

“The entity, named Newco for the time being, also would block a substantial amount of UC research from being accessible to the public, and could reap big profits for corporations and investors that have ties to the well-connected businesspeople who will manage it.images-3

“Despite the sweeping changes the program portends for UC, the regents’ vote received virtually no press coverage. UC plans to first implement Newco at UCLA and its medical centers, but some regents, along with influential business leaders across the state, want similar entities installed at Berkeley, Davis, Santa Cruz, and other campuses. UC Regents Chairwoman Sherry Lansing called Newco at UCLA a “pilot program” for the entire UC system.

“The purpose of Newco is to completely revamp how scientific discoveries made in UC laboratories — from new treatments for cancer to apps for smartphones — come to be used by the public. Traditionally, UC campuses have used their own technology transfer offices to make these decisions. But under Newco, decisions about the fate of academic research will be taken away from university employees and faculty, and put in the hands of a powerful board of businesspeople who will be separate from the university. This nonprofit board will decide which UC inventions to patent and how to structure licensing deals with private industry. It also will have control over how to spend public funds on these activities. Continue reading “Privatizing the public university”

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Public support for online learning

Between 20% and 50% of those taking online courses never finish. But ignorance or misconceptions about this seem to be driving public opinion to push for more internet-based education, especially at public universities. As today’s Los Angeles Times reports:

“For Steven Ancheta, the time is long past for more arguments about online education’s merits and convenience. The West Covina resident, who is enrolled in a fully online program for a bachelor’s degree from Arizona State University, praised the experience and the chance for working people to take evening or weekend classes.images

“His positive view about online education was strongly supported in a new USC Dornsife/Los Angeles Times poll. Among the registered voters who participated in the survey, 59% said they agreed with the idea that increasing the number of online classes at California’s public universities will make education more affordable and accessible. However, 34% expressed fears that expanding online classes will reduce access to professors, diminish the value of college degrees and not save money.

“For Ancheta, 21, an accounts manager at a telephone company who participated in the poll, the scheduling freedom of online classes “is a very pleasant alternative.” Moreover, he said, “You can pull away the exact same amount of knowledge you can pull away from a traditional classroom.”  Continue reading “Public support for online learning”

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Hurry up and graduate

images-2The graduation rates of UC students came under more scrutiny Wednesday as Gov. Jerry Brown urged administrators and faculty to prod more undergraduates to earn a degree in four years, not six, reports today’s Los Angeles Times

“Brown recently proposed giving UC and Cal State more funds if they increase their graduation rates by 10% by 2017. UC leaders have said that is an admirable but unreasonable goal and that such issues as students’ outside employment and their desire to take double majors slow them down.

“The rates have improved in recent years, partly due to higher tuition pressuring students to finish on time, officials said at a UC regents meeting in Sacramento. About 60% of UC students who enter as freshmen now graduate in four years and about 83% in six years, according to a report from UC system Provost Aimee Dorr. Those are significantly better numbers than other public research universities but worse than top private campuses, she said.

“Brown, who attended part of the regents’ meeting, expressed exasperation with Dorr’s many statistics, what he implied was her lack of solid solutions and her lecture-like presentation. “This was a good first semester,” Brown said, with a touch of anti-academic humor. “But I want to get to the second semester” for answers.

“He urged UC to stop citing the six-year rate, which is widely used by the federal government and other schools. “For me the four year is the norm,” he said. And he asked UC to examine why various UC campuses have better rates than others and why a number show improvements in some years and not in others. He said he wanted to know if that might be caused by factors within UC or “in the outside world.”

 

More at: http://www.latimes.com/news/local/la-me-uc-regents-20130516,0,33245.story

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The anti-tenure track

Tenure is getting more rare in the current academic world – and at some institutions much more difficult and inequitably awarded.

This recent article from USC’s Daily Trojan tells one horrific story, but also paints a broader picture of practices at that institution.images-1

“On April 3, Assistant Professor of International Relations Mai’a Keapuolani Davis Cross, who had traveled cross-country from her tenure track position at Colgate University to join USC in 2008, was told she would not be granted tenure.

“Her position at the university will be terminated following the current academic year. Continue reading “The anti-tenure track”

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How not to wreck California’s universities

Things must be pretty bad in California if it takes the New York Tims to assemble a coherent argument to save their universities. But this is what happened today in an NYT editorial stating that current plans to force the universities to shift to online teaching will probably wreck the UC system, fail students who need the university most, and damage the California economy to boot:images

“Even before the recession hit, the public colleges and universities that educate more than 70 percent of the nation’s students were suffering from dwindling state revenue. Their response, not surprisingly, was to raise tuition, slash course offerings and, in some cases, freeze or even reduce student enrollment. The damage was acute in California, whose once-glorious system of higher education effectively cannibalized itself, shutting out a growing number of well-qualified students.

“The same California State Legislature that cut the higher education budget to ribbons, while spending ever larger sums on prisons, now proposes to magically set things right by requiring public colleges and universities to offer more online courses. The problem is that online courses as generally configured are not broadly useful. They work well for highly skilled, highly motivated students but are potentially disastrous for large numbers of struggling students who lack basic competencies and require remedial education. These courses would be a questionable fit for first-time freshmen in the 23-campus California State University system, more than 60 percent of whom need remedial instruction in math, English or both. Continue reading “How not to wreck California’s universities”

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Those online courses really do count

Legislation will be introduced in the California Senate on Wednesday that could reshape higher education by requiring the state’s public colleges and universities to give credit for faculty-approved online courses taken by students unable to register for oversubscribed classes on campus, reports today’s New York Times.

“If it passes, as seems likely, it would be the first time that state legislators have instructed public universities to grant credit for courses that were not their own — including those taught by a private vendor, not by a college or university.

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“We want to be the first state in the nation to make this promise: No college student in California will be denied the right to move through their education because they couldn’t get a seat in the course they needed,” said Darrell Steinberg, the president pro tem of the Senate, who will introduce the bill. “That’s the motivation for this.” Continue reading “Those online courses really do count”

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California schools & gender non-conformity

A California lawmaker has introduced legislation aimed at guaranteeing transgender students the right to use public school restrooms and participate on the sports teams that correspond with their expressed genders, reports USA Today.imgres-1

“The bill reflects the accommodations that a number of U.S. schools are being asked to make as Americans start identifying as transgender at younger ages. Continue reading “California schools & gender non-conformity”

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eHarmony blues

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The Christian co-founder of the popular dating site eHarmony is no stranger to sparking controversy in the lesbian, gay, bisexual and transgender (LGBT) community.Now, however, Neil Clark Warren has gone even further, saying he’s “tired” of the same-sex marriage debate and what he perceives as its negative impact on eHarmony, reports Huffington Post.

“’I think this issue of same-sex marriage within the next five to 15 years will be no issue anymore, Warren told Yahoo! Finance. We’ve made too much of it. I’m tired of it. It has really damaged our company.’ Continue reading “eHarmony blues”

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College recruiting from churches

imgres-3State colleges in California have begun a new effort to recruit African American students. Going to churches.

Officials from the California State University system have been pioneering a program of seeking new prospective African-American students in church pews — a program that’s serving as a model for similar efforts elsewhere, reports a story today on NPR.org.

“Blacks make up about 6.6 percent of California’s population, according to 2011 census data. Jorge Haynes, a Cal State spokesman, said the university system’s African-American population is 5 percent.

“California is at the leading edge of a demographic shift affecting the country. The state’sHispanic population is slated to become its majority ethnic group by 2014.

Given this shift, according to the Los Angeles Times, ‘colleges have to work harder to attract African-American, Latino and other underrepresented students.’And last year, a federal court upheld a ban of race-based admissions in the state’s school system. Continue reading “College recruiting from churches”

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More Asians than Latinos coming to California

Over the past decade a dramatic shift has occurred in California’s immigration demographics,  as Asian immigrants have begun to come to California faster than Latinos.

In 2001, 42 percent of immigrants coming to California were from Latin America, primarily Mexico, while 37 percent were from Asia. In 2011, 57imgres-2 percent of new immigrants were from Asia, and just

22 percent were from Latin America, reports Huffington Post.

“’This is a pretty astounding change over a short period of time,’ Hans Johnson, co-director of the Public Policy Institute of California, told the Sacremento Bee, citing census data. The demographic breakdown of California’s swearing-in of new citizens Wednesday was as follows: 450 from Asia (100 from India, 94 from the Philippines, 63 from Vietnam, 33 from China, 29 from Laos) 160 from Latin America (119 people from Mexico)35 from Ukraine to see which countries immigrants to California came from in 2011. Continue reading “More Asians than Latinos coming to California”

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Lacking love, bugs choose booze

imgres-3“A male, his affections spurned by a female that he’s attracted to, is driven to excessive alcohol consumption. The story may be familiar, but in this case, the lead characters aren’t humans — they’re fruit flies.”

In a study conducted by researchers at the University of California, San Francisco (UCSF), it appears that  “that like their Homo sapiens counterparts, male members of the species Drosophila melanogaster tend to, for lack of a better term, “get drunk” after being rejected by females, reports RedOrbit. “Fruit flies apparently self-medicate just like humans do, drowning their sorrows or frustrations for some of the same reasons,” Carey wrote on Thursday.

“Male fruit flies that were rejected “preferred food spiked with alcohol far more than male flies that were able to mate” and drank “significantly more alcohol” than those who successfully mated, leading researchers to believe that “alcohol stimulates the flies’ brains as a ‘reward’ in a similar way to sexual conquest,” he added. Continue reading “Lacking love, bugs choose booze”

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The buzz in California

marijuana_plants“Marijuana is, as a practical matter, already legal in much of California,” sayd today’s New York Times. “No matter that its recreational use remains technically against the law. Marijuana has, in many parts of this state, become the equivalent of a beer in a paper bag on the streets of Greenwich Village. It is losing whatever stigma it ever had and still has in many parts of the country, including New York City, where the kind of open marijuana use that is common here would attract the attention of any passing law officer.

“’It’s shocking, from my perspective, the number of people that we all know who are recreational marijuana users,’ said Gavin Newsom, the lieutenant governor. ‘These are incredibly upstanding citizens Continue reading “The buzz in California”