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In the United States Court of Appeals for the Ninth Circuit
No. __________________ IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT; SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE OF GREATER LOS ANGELES; and NATIONAL ASSOCIATION OF COLORED PEOPLE, CALIFORNIA STATE CONFERENCE OF BRANCHES, Plaintiffs-Appellants, v. KEVIN SHELLEY, in his official capacity as California Secretary of State, Defendant-Appellee. On appeal from the United States District Court for the Central District of California The Honorable Stephen V. Wilson C. D. Cal. Case No. CV 03-5715 SVW (RZx) APPELLANTS’ OPENING BRIEF Mark D. Rosenbaum Erwin Chemerinsky Laurence H. Tribe Peter J. Eliasberg University of Southern Hauser Hall 420 Ben Wizner California Law School 1575 Massachusetts Ave. Catherine Lhamon 600 Exposition Blvd. Cambridge, MA 02138 Daniel P. Tokaji, of counsel Los Angeles, CA 90089 Tel: (617) 495-4621 ACLU Foundation of Tel: (213) 740-2539 Fax: (617) 495-3383 Southern California Fax: (213) 740-5502 1616 Beverly Blvd. Los Angeles, CA 90026 Tel: (213) 977-9500 Fax: (213) 250-3919 Attorneys For All Plaintiffs-Appellants (See next page for additional counsel) Alan L. Schlosser, SBN 49957 Margaret C. Crosby, SBN 56812 ACLU FOUNDATION OF NORTHERN CALIFORNIA 1664 Mission Street, Suite 460 San Francisco, CA 94103 Tel: (415) 621-2493 Fax: (415) 255-8437 Attorneys for All Plaintiffs-Appellants Jordan Budd, SBN 144288 ACLU OF SAN DIEGO & IMPERIAL COUNTIES P.O. Box 87131 San Diego, CA 92138 Tel: (619) 232-2121 Fax: (619) 232-0036 Attorneys for All Plaintiffs-Appellants John C. Ulin Jilana L. Miller HELLER EHRMAN WHITE & MCAULIFFE, LLP 601 South Figueroa Street Los Angeles, California 90071 Tel: (213) 689-0200 Fax: (213) 614-1868 Attorneys for All Plaintiffs-Appellants Except Southern Christian Leadership Conference of Greater Los Angeles STATEMENT OF JURISDICTION The District Court had jurisdiction pursuant to 28 U.S.C. -
The AFL-CIO ■ the California Labor Federation ■ IBEW Local 1245
Vol. 49 • No. 2 February 2000 Unity Is Strength UtilityRe orter 58 PBEW LOCAL 1245 • AFL CIO Millionaires IBEW warns DOE that downsizing take aim at has compromised service reliability working folks ocal 1245 Business Manager Jack Power Outage Study Team in McNally told federal energy regu- Burlingame. L lators last month that utility The budget crunch retards needed workforce reductions contributed to maintenance activity and pressures a spate of power outages last year and utilities to reduce training, McNally warned that it will take a proactive said. public sector to assure electric reliabil- "This puts us on a collision course ity in the dawning era of competitive where reduced maintenance inevita- markets. bly leads to bigger reliability prob- McNally's testimony came in the lems, but with fewer skilled employ- first of three public ees to respond to meetings sponsored by Text of McNally's testimony these emergencies." appears on Page 2 the Department of En- McNally's con- McNally testifies at DOE hearing. ergy last month to ex- cerns were echoed Prop. 25 lets amine recent electric reliability prob- by IBEW officials at subsequent 1.■•=l■E millionaires spend more lems and look for solutions. hearings in New Orleans and New- on political campaigns, "As utilities struggle to stay in some ark, NJ. GRC delayed...again but curbs spending aspect of the electric service busi- James Hunter, president of IBEW by labor unions ness, they will continue to see Local 1900, testified in Newark that The CalifomiaPublicUtilffiesCommission utility staffing levels had declined delayed its decision on the PG&E General downsizing as a quick fix for their Rate Case until Feb. -
Aimee Dudovitz (SBN 203914) 2 Law Office of David C
1 David C. Codell (SBN 200965) Aimee Dudovitz (SBN 203914) 2 Law Office of David C. Codell 9200 Sunset Boulevard, Penthouse Two 3 Los Angeles, California 90069 Telephone: (310) 273-0306 / Facsimile: (310) 273-0307 4 Shannon Minter (SBN 168907) Courtney Joslin (SBN 202103) 5 National Center for Lesbian Rights 870 Market Street, Suite 570, San Francisco, California 94014 6 Telephone: (415) 392-6257 / Facsimile: (415) 392-8442 7 [Additional attorneys listed on following page] Attorneys in Case No. 03AS07035 for Defendant-Intervenor Equality California 8 and in Case No. 03AS05284 for Defendant-Intervenors Equality California and Michele Graham-Newlan and Debrah Armitage, Willard Kim Halm and Marcellin Simard, 9 Donna Hitchens and Nancy Davis, Deborah Lynn Johnson and Valarie Joi Fiddmont, Christine Kehoe and Julie Warren, Phyllis Lyon and Del Martin, and 10 William Rogers and John Griffith Symons Jon W. Davidson (SBN 89301) 11 Jennifer C. Pizer (SBN 152327) Lambda Legal Defense and Education Fund 12 3325 Wilshire Boulevard, Suite 1300, Los Angeles, California 90010 Telephone: (213) 382-7600 / Facsimile: (213) 351-6063 13 Attorneys in Case No. 03AS07035 for Defendant-Intervenor Equality California 14 and in Case No. 03AS05284 for Defendant-Intervenors Brittany Bouchet and Deven Bouchet, Christopher G. Caldwell and 15 Richard H. Lewellyn, Jr., Frederick Echeverria and Clinton Oie, Mina Meyer and Sharon Raphael, and Kay B. Smith and Carolyn Confer 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SACRAMENTO 17 SENATOR WILLIAM J. KNIGHT, et al., ) TO BE FILED IN BOTH CASES 18 Plaintiffs, ) vs. ) Consolidated Cases: 19 ) ARNOLD SCHWARZENEGGER, et al., ) Case No. -
ED444608.Pdf
DOCUMENT RESUME ED 444 608 JC 000 457 AUTHOR Martinez, Katherine, Ed. TITLE FACCCTS: The Journal of the Faculty Association of California Community Colleges, 1998-1999. INSTITUTION California Community Colleges, Sacramento. Faculty Association. PUB DATE 1999-00-00 NOTE 146p.; Published four times a year. PUB TYPE Collected Works Serials (022) JOURNAL CIT FACCCTS: The Journal of California Community College Faculty; v5 n1-4 Sep 1998-May 1999 EDRS PRICE MF01/PC06 Plus Postage. DESCRIPTORS *College Faculty; *Community Colleges; Educational Finance; Educational Trends; *Governance; Legislators; Political Candidates; *Retirement Benefits; Two Year Colleges IDENTIFIERS *California Community Colleges ABSTRACT This document contains the four Faculty Association of California Community Colleges (FACCCTS) newsletters published during the 1998-99 academic year. In the September 1998 issue, faculty members talk about what shared governance means and how to improve it on individual campuses. The issue also features Gray Davis' plans forthe community colleges if he is elected governor and presents endorsements to support education-friendly candidates for the November 3 election. The December 1998 issue explains how to calculate new retirement benefits in the State Teachers' Retirement System, how the changes affect all faculties, andwho faculty should thank for the improvements. Faculty member Carolyn Russell gives a first-person account about the grassroots efforts that successfully convinced state legislators to pass the retirement package. The February 1999 issue features Assemblywomen Gloria Romero and Charlene Zettel and their commitment to helping community colleges receive the funding they need to do their jobs well. It also provides a list of legislators and their primary community college districts. -
2003 California Gubernatorial Recall
THE 2003 CALIFORNIA GUBERNATORIAL RECALL FLOYD FEENEYt California is one of eighteen American states that authorize the recall of statewide officers,1 and one of the approximately thirty-six states that authorize the recall of local elected officials. 2 Although a few states purport to authorize the recall of members of Congress, 3 the t Floyd Feeney is the Homer and Ann Berryhill Angelo Professor of Law at the University of California, Davis School of Law. He would like to express his appreciation to the editors and staff of the Creighton Law Review, and particularly to Sara Gude, for their very helpful assistance with this article. Parts of this article were presented in 2003 at a workshop sponsored by California State University, Sacramento, the host for the second recall debate and at the Eighth International Conference on Elections spon- sored by the Italian Society for the Study of Elections (SISE). The author would like to thank California State University, Sacramento, the Italian Society (SISE), Mario Caciagli, Tim Hodson, Tony Miller, and Pier Vincenzo Uleri for their valuable contribu- tions to the article. The author is solely responsible for the opinions expressed. 1. See app. A. The District of Columbia also authorizes use of the recall. 2. See app. B. In 2006, 60.3% of U.S. cities had recall provisions. This exceeded the percentages for the two other major direct democracy devices-the initiative (57.5%) and the citizen-generated referendum (45.3%). In the five years between 2002 and 2006, recall petitions were filed against a council member in 4.5% of U.S. -
Sweetheart Deal Ingredients.Pdf
1. Pay $32 million in direct and indirect political contributions to state elected officials, candidates, political parties and committees - all while your casino expansions are pending in the Legislature. 2. Wine and dine one in every two state lawmakers during the same time period. 3. Spend $4,300 on dinner and drinks at your casino for leader of the State Assembly and his top aides. 4. Spend $2,000 on lunch for the State Senator (and his friends) who will author the bill ratifying your huge casino expansion. 5. Give $64,876 worth of Justin Timberlake concert tickets, Sacramento Kings NBA games, Disney on Ice shows, steak dinners, cocktails and other gifts and perks to state legislators and their staff 6. Spend $2.07 million on Sacramento lobbyists to influence state l legislators 7. (don't forget to hire convicted felon DC lobbyist Jack Abramoff for $150,000 a month). 8. Buy $3.2 million worth of paid precinct walkers, phone callers and statewide TV ads to blanket the state as the Legislature votes on your casino deal. 9. Spend $55 Million (at press time) to sell your deals to California voters. Big 4 Contributions Recipient DATE Reported Purpose AMOUNT Agua Caliente Independent Expenditure AFRICAN AMERICAN VOTER REGISTRATION, EDUCATION, A 6/21/2007 $5,000 AGUA BAR & GRILL 10/26/2004 GENERAL PLAN USE - SECTION 14 U $1,000 AGUA CALIENTE BAND OF CAHUILLA INDIANS 10/22/2004 GENERAL PLAN USE - SECTION 14 U $6,169 AGUA CALIENTE BAND OF CAHUILLA INDIANS 10/1/2004 GENERAL PLAN USE - SECTION 14 U $5,609 AGUA CALIENTE BAND OF CAHUILLA INDIANS -
SUP Ballots Counted —
Organized 1885 Official Organ of the Sailors' Union of the Pacific Volume LXIII No. 2 SAN FRANCISCO, CALIFORNIA Friday, February 25, 2000 U.S. cargo preference SUP ballots counted — laws questioned by government agency Officers elected, amendments decided The General Accounting Of- preference sustains the domes- Connolly elected Vice President posed amendments to the fice has included U.S. cargo tic merchant marine, a vital ele- Union's Constitution, three were ment of national security, and preference laws on a list of gov- adopted by the necessary two- provides employment for Ameri- Burgess wins Wilmington ernment programs that should be thirds majority and one failed. reduced or eliminated. can mariners. Duvall on top in Honolulu The membership voted to "The U.S. cargo preference Testifying before the Senate transfer the proceeds from the laws, by guaranteeing the avail- Henneberry is San Francisco BA budget Committee this month, sale of the old Seattle and Wilm- ability of cargo for U.S.-flag ships, David Walker, U.S. Comptrol- ington halls to the General Fund; are important to the financial vi- Lundeberg and O'Halloran re-elected ler General, said that higher-cost approved a proposal to allow ability of U.S.-flag vessel opera- U.S. ships raise federal shipping dues-paying pensioners all the tion companies,” MarAd said. The recently concluded Sailors’ ring. Wayne Burgess defeated costs $578 million a year, based rights of active members, except Preference requirements en- Union of the Pacific biennial elec- Keith Miller and Bob Burns. on a 1994 GAO report. the right to work in covered em- sure that the vessels, trained tion resulted in the biggest change Preference cargoes include de- In Honolulu, where incum- ployment or to run for office; American crews and the vessel in officers in recent memory. -
Kem K. Lee Photographs and Other Materials, 1927-1986
http://oac.cdlib.org/findaid/ark:/13030/kt358025jn No online items Finding Aid to the Kem K. Lee Photographs and Other Materials, 1927-1986 Finding Aid written by Janice Otani, Amy Gilgan Funding for processing this collection was provided by National Historical Publications and Records Commission (NHPRC) The Ethnic Studies Library 30 Stephens Hall #2360 University of California, Berkeley Berkeley, California, 94720-2360 Phone: (510) 643-1234 Fax: (510) 643-8433 Email: [email protected] URL: http://eslibrary.berkeley.edu © 2007 The Regents of the University of California. All rights reserved. Finding Aid to the Kem K. Lee AAS ARC 2006/1 1 Photographs and Other Materials, 1927-1986 Finding Aid to the Kem K. Lee Photographs and Other Materials, 1927-1986 Collection Number: AAS ARC 2006/1 The Ethnic Studies Library University of California, Berkeley Berkeley, CaliforniaFunding for processing this collection was provided by National Historical Publications and Records Commission (NHPRC) Finding Aid Written By: Janice Otani, Amy Gilgan Date Completed: December 2007 © 2007 The Regents of the University of California. All rights reserved. Collection Summary Collection Title: Kem K. Lee photographs and other materials Date (inclusive): 1927-1986 Collection Number: AAS ARC 2006/1 Creators : Lee, Kem K. Extent: Number of containers: 3 cartons, 154 boxes, 15 oversize boxes, 1 oversize folderLinear feet: 73.75 Repository: University of California, Berkeley. Ethnic Studies Library 30 Stephens Hall #2360 University of California, Berkeley Berkeley, California, 94720-2360 Phone: (510) 643-1234 Fax: (510) 643-8433 Email: [email protected] URL: http://eslibrary.berkeley.edu Abstract: The Kem Lee photograph collection, 1927-1986, contains Lee's photographs and other materials in subject files relating to his photojournalistic assignments and business advertisements for San Francisco Chinatown newspapers and includes photographs of the Miss Chinatown USA Pageant, community organizations, political activities, as well as formal studio portraits. -
The California Supreme Court and the Popular Will
37526 chp_19-1 Sheet No. 82 Side A 03/15/2016 15:53:04 Do Not Delete 2/14/2016 10:50 AM The California Supreme Court and the Popular Will Kenneth P. Miller* INTRODUCTION Over the past half century, California has been a battleground for conflicts over the nature, scope, and limits of rights. While Americans have always clashed over rights, the modern rights revolution has expanded the conflict throughout the country, and nowhere more than in California. These struggles have been hard fought, because rights have power. Once an interest is converted into a right, it can trump competing interests that lack the status of right. The ability to recognize, create, or limit rights is consequential, indeed.1 California’s prominence in these conflicts can be traced to several factors. First, the state has deep ideological divides. California is home to progressive social movements that have sought to establish new rights in areas including abortion, capital punishment, criminal procedure, school funding, gay rights, aid-in-dying, and more—and home, as well, to highly motivated conservative groups that have resisted many of these changes. Second, California exists within a federal system that allows states to innovate in the area of rights. State constitutional rights operate semi-independently of the U.S. Constitution—that is, states may define state constitutional 37526 chp_19-1 Sheet No. 82 Side A 03/15/2016 15:53:04 rights more expansively than the Federal Constitution requires. An assertive state supreme court, through state constitutional interpretation, can establish new rights. The California Supreme Court, more than any other state court, has expanded state constitutional rights beyond federal minimums.2 Third, citizens of California have extraordinary power to counter their state supreme court, through state constitutional amendment or * Associate Professor of Government, Claremont McKenna College. -
AAPI National Historic Landmarks Theme Study Essay 17
National Park Service U.S. Department of the Interior A National Historic Landmarks Theme Study ASIAN AMERICAN PACIFIC ISLANDER ISLANDER AMERICAN PACIFIC ASIAN Finding a Path Forward ASIAN AMERICAN PACIFIC ISLANDER NATIONAL HISTORIC LANDMARKS THEME STUDY LANDMARKS HISTORIC NATIONAL NATIONAL HISTORIC LANDMARKS THEME STUDY Edited by Franklin Odo Use of ISBN This is the official U.S. Government edition of this publication and is herein identified to certify its authenticity. Use of 978-0-692-92584-3 is for the U.S. Government Publishing Office editions only. The Superintendent of Documents of the U.S. Government Publishing Office requests that any reprinted edition clearly be labeled a copy of the authentic work with a new ISBN. Library of Congress Cataloging-in-Publication Data Names: Odo, Franklin, editor. | National Historic Landmarks Program (U.S.), issuing body. | United States. National Park Service. Title: Finding a Path Forward, Asian American and Pacific Islander National Historic Landmarks theme study / edited by Franklin Odo. Other titles: Asian American and Pacific Islander National Historic Landmarks theme study | National historic landmark theme study. Description: Washington, D.C. : National Historic Landmarks Program, National Park Service, U.S. Department of the Interior, 2017. | Series: A National Historic Landmarks theme study | Includes bibliographical references and index. Identifiers: LCCN 2017045212| ISBN 9780692925843 | ISBN 0692925848 Subjects: LCSH: National Historic Landmarks Program (U.S.) | Asian Americans--History. | Pacific Islander Americans--History. | United States--History. Classification: LCC E184.A75 F46 2017 | DDC 973/.0495--dc23 | SUDOC I 29.117:AS 4 LC record available at https://lccn.loc.gov/2017045212 For sale by the Superintendent of Documents, U.S. -
Back to Paper: a Case Study
FEBRUARY 2008 BriefingBriefing Back to Paper: A Case Study n the not-too-distant past, American elections got an overhaul. The Iproblems identified in the 2000 presidential election with punch- card voting systems convinced policymakers in state capitals and on Capitol Hill that change was needed – particularly in the method by Inside which ballots were designed, cast and counted. Bolstered by public discontent and the availability of federal Executive Summary . .3 dollars, voter-rich states including Florida, California and Ohio New Mexico . .4 replaced older voting systems with touch-screen or scrolling-wheel electronic voting machines. Florida . .5 The newer machines offered flexibility and features the older California . .8 systems, mostly punch cards, never could – no more over-votes, the ability to display multiple languages on the same machine, accessibility Ohio . .11 for a wide range of voters with disabilities and no more ambiguity Colorado . .15 when determining a voter’s intent. Requirements for Paper Machines were bought. Millions of dollars were spent. Votes were Usage in Voting Systems . .17 cast. Controversy ensued. Not long after their introduction, computer scientists, voter Back to the (Paper) Future . .18 advocacy groups and others called into question the integrity, security Timeline . .20 and accuracy of the next generation of voting machines. By 2003, the Methodology/Endnotes . .22 calls of computer scientists for further research had blossomed into a movement. Problems at polling places strengthened their arguments and lawmakers listened. Misprogrammed machines in one North Carolina county failed to record votes, throwing a statewide race into confusion. Statistically Introduction By 2007, a second overhaul was underway in some states.The experiment with direct-recording electronic machines would end abruptly or be phased out. -
Southwest Voter Registration Education Project, Et Al. V. Shelley
FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS SEP 23 2003 FOR THE NINTH CIRCUIT CATHY A. CATTERSON U.S. COURT OF APPEALS SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT; SOUTHERN No. 03-56498 CHRISTIAN LEADERSHIP CONFERENCE OF GREATER LOS ANGELES; NATIONAL D.C. No. CV-03-05715-SVW ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE; CALIFORNIA STATE CONFERENCE OF BRANCHES, OPINION Plaintiffs - Appellants, v. KEVIN SHELLEY, in his official capacity as California Secretary of State, Defendant-Appellee, TED COSTA, Intervenor - Appellee. Appeal from the United States District Court for the Central District of California Stephen V. Wilson, District Judge, Presiding Argued and Submitted En Banc September 22, 2003 San Francisco, California Filed September 23, 2003 Before: SCHROEDER, Chief Judge, KOZINSKI, O'SCANNLAIN, KLEINFELD, TASHIMA, SILVERMAN, GRABER, McKEOWN, GOULD, TALLMAN, and RAWLINSON, Circuit Judges. PER CURIAM: This matter has been reheard by the United States Court of Appeals for the Ninth Circuit, sitting en banc, upon the vote of a majority of the non-recused active judges pursuant to 28 U.S.C. § 46(c) and Federal Rule of Appellate Procedure 35. We thank all the parties and their counsel, as well as the amici, for the prompt and professional presentations to this court on an expedited basis. BACKGROUND The following summary is largely adopted from the district court’s order denying a preliminary injunction. On October 7, 2003, California voters are scheduled to decide whether Governor Gray Davis should be recalled and, if so, who should replace him. Also on the ballot are two statewide initiatives: Proposition 53, a proposed constitutional amendment sponsored by the state legislature that would require a portion of the state’s budget be set aside for infrastructure spending; and, Proposition 54, a measure that would ban government agencies from collecting certain racial information.