Olson, Hagel & Fishburn LLP partner, Richard Rios, was recently quoted in several news stories regarding the FPPC's efforts to tighten the rules regulating third party independent spending on behalf of candidates. Ever since California imposed contribution limits on state candidates in 2000, the level of independent expenditures, which are not subject to contribution limits, has increased. Recently the FPPC noticed for adoption new regulations to make certain the third party spending is in fact independent. Rios proposed modifications to the proposed regulations, incorporated into the proposed draft, which clarified how the new rules would work. The FPPC ultimately adopted the new regulations.
With the 2016 election season quickly approaching, Sacramento political law firm Olson Hagel & Fishburn has opened an office in Long Beach to capitalize on an expected spike in demand.
Olson Hagel took over the office of California Political Law Inc. on Oct. 1 and hired its former president, Betty Ann Downing, as a senior attorney.
"We had been planning this for the better part of two years," said Richard Rios, who's now heading up the local office. "But it's not a coincidence that we're opening in October of an odd year. We think there is going to be a historic number of ballot measures on the ballot in 2016. …We're hoping we can get a strong foothold in the Southern California market."
Rios said he'll divide his time between the new office and Sacramento. For now, Downing will be the only attorney based full time in Long Beach. The firm has 11 lawyers, including Downing, but that might soon increase.
"We're going to see how this rolls out going forward," Rios said. "If we're able to achieve the growth like we think we will, then we will be looking to grow the attorney capacity."
Olson Hagel, founded in 1977, advises clients on campaign finance laws, conflicts of interest, ethics and lobbying laws among other political practice areas.
"In Los Angeles and throughout Southern California, there are so many jurisdictions and so many elections in all different municipalities," Rios said. "So we thought there was definitely a need for an additional service provider."
Lance Olson, senior partner at Olson, Hagel & Fishburn, has been named by Super Lawyers Magazine a "top" attorney in Northern California, designating Olson as a "Super Lawyer" in his field of Legislative and Government Affairs. Olson, who founded the firm in 1977, has specialized in recent years to drafting legislation, particularly initiatives and ballot measures which routinely appear on California's local and statewide ballots. Olson drafted Proposition 34 at the request of the Legislature, the comprehensive campaign finance reform measure adopted by the voters in November 2000. In 2010 he drafted the successful Proposition 25 promoted by labor unions and the Democratic Party which reduced the Legislative vote requirement to pass a budget in California from 2/3rds to a majority. Olson also drafted Proposition 28, modifying Legislative term limits, adopted by voters in 2012.
The online publication, Capital and Main, which covers contemporary economic and social issues within California, recently published an article, entitled "Measure of Deception," regarding the newly filed Pension Initiative authored by former Mayors Charles Reed (San Jose) and Carl Demaio (San Diego). The initiative takes aim at the compensation and retirement benefits for public employees. Olson, who represents Californians for Retirement Security, a coalition of public employee labor organizations, took issue with the initiative. Olson is quoted in the article regarding the proponents claims the initiative would not affect current government workers: "Either they haven't been truthful about their own initiative or they don't understand their own initiative."
State Superintendent of Public Instruction, Tom Torlakson, gave the high school commencement address at the Yucaipa High School where OHF partner Richard Rios graduated in 1990. During his speech Superintendent Torlakson noted that Richard, a former Yucaipa graduate, was his first staff person he hired when Torlakson was elected to the State Assembly. Torlakson told the students how Richard went on to become a senior staffer to the Speaker of the Assembly before attending law school and later joining a "prestigious law firm" where he later became a partner.
The California School Boards Association, a litigation client of Olson, Hagel & Fishburn, recently sponsored a webinar on the adequacy of school funding in California. OHF managing partner Deborah Caplan, who serves as lead counsel in CSBA's lawsuit against the State of California challenging the adequacy of public school funding, was featured in the webinar. In the webinar Caplan discusses the theory behind CSBA's constitutional challenge to school funding in a major case known as Robles-Wong v. California. That case is now pending before the First District Court of Appeal.
The Los Angeles Times has published a comprehensive background article on Republican major donor Charles Munger. The article pointed out that the Democrats have filed a complaint with the Fair Political Practices Commission alleging violations of campaign finance rules resulting from Munger's 2014 election expenditures. Olson, Hagel & Fishburn senior partner Lance Olson, who assisted in drafting the complaint, is quoted in the article. An excerpt from the article notes "The scale of Munger's spending has drawn scorn from adversaries. The state Fair Political Practices Commission is investigating Democrats' allegations that Munger skirted donation limits last year by funneling money through the state party to favored candidates. "There's a lot of smoke there," said Lance Olson, a Democratic Party lawyer."
Olson Hagel & Fishburn was a proud sponsor of the 12th Annual Valentine Run to raise money for Legal Services of Northern California. In addition to being a Bronze Heart sponsor, the firm sent a team of 11 individuals to run in this year's event. Through special programs and advocacy, Legal Services of Northern California supports over 500,000 under-represented citizens in 23 counties in Northern California, helping the poor achieve justice and stability by challenging the causes and effects of poverty in our communities.
Diane Fishburn, former partner and now of-counsel, and associate Emily Andrews recently published an article titled "New Campaign Finance Laws in Place for 2015 Elections" in the January 2015 edition of the Peace Officers Research Association of California ("PORAC") Law News magazine. The article discusses changes to state campaign reporting laws that now require nonprofit organizations, such as law enforcement associations, to follow the same reporting requirements for major donors provided total annual contributions made from the organization's general fund are between $10,000 and $50,000 in a calendar year (and no more than $50,000 in a 12-month period).
Richard Rios, a partner with Olson Hagel & Fishburn's political compliance unit, successfully represented five-term incumbent U.S. House Representative Jim Costa in vote canvassing efforts for the Central Valley's 16th congressional district. Fresno Democrat Jim Costa was initially behind his Republican challenger, Johnny Tacherra, by 741 votes out of more than 80,000 votes counted following the closing of the polls on November 4, 2014. An ensuing two week vote tally process of the remaining absentee and provisional ballots, however, resulted in Costa being declared the winner with 50.7% of the vote.
Lance Olson, senior partner at Olson, Hagel & Fishburn, assisted local Democratic Party members in filing two Fair Political Practices Commission complaints immediately before the November general election. Both complaints allege that the California Republican Party has illegally funneled money from billionaire businessman and top Republican donor Charles Munger Jr. to Jack Mobley's Merced area Assembly campaign and Andy Vidak's Fresno area Senate campaign. The complaint alleges that by labeling the funds, which total in excess of one million dollars, as "independent expenditures," the California Republican party has skirted campaign contribution limits and hidden Munger Jr. as the true source of the funds.
In several news articles Olson describes the making of independent expenditures by either political party at this amount as "unprecedented in California state politics" and notes that the use of independent expenditures in this manner "provides no transparency for the public and allows donors to skirt contribution limits." Shortly after filing the complaints, the FPPC notified the Republican Party that it was launching an investigation.
Diane Fishburn, former partner and now of-counsel at Olson Hagel & Fishburn, currently represents Mayor Elizabeth Patterson of the City of Benicia in support of the Mayor's right to engage in public discussion of the controversial Valero rail terminal permit. Valero is seeking permits to build a rail terminal to receive up to 1.4 million gallons of crude oil daily by train. Mayor Patterson hired Fishburn after she was advised by the Benicia City Attorney not to participate in city decisions relating to Valero's pending permit decisions and not engage in public discussion of the matter. Previously, Mayor Patterson has spoken out about crude-by rail, fossil fuels, public safety, and environmental air, water, and habitat hazards arising from "oil train" accidents. Fishburn, in a letter to the city, noted that "[t]he law fully supports the mayor's complete participation in both the public community discussions and her activities in her role as mayor as well as in any decisions which may come before the council on the [Valero] project."
Olson Hagel & Fishburn, LLP announces that Partner Richard C. Miadich has been elected a Fellow of the American Bar Foundation. The Fellows is an honorary organization of attorneys, judges and law professors who have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession publicly and professionally. Membership in the Fellows is limited to one third of one percent of lawyers licensed to practice law in each jurisdiction in the United States.
Established in 1955, The Fellows encourage and support the research program of the American Bar Foundation (ABF). ABF is the nation's leading research institute for the empirical study of law. An independent, nonprofit organization for more than fifty years, ABF seeks to advance the understanding and improvement of law through research projects on the most pressing issues facing the legal system in the United States and the world.
Two publications have highlighted Olson, Hagel & Fishburn's successful lawsuit to remove a Ventura County anti-pension measure from the November 2014 ballot. The Peace Officers Research Association of California (PORAC) September 2014 newsletter ran an article authored by Deborah Caplan, managing partner at the firm, who briefed and argued the matter before the Ventura County Superior Court. The article describes the firm's early involvement in the matter and eventual victory, while noting that "[t]his legal decision should prevent attempts to bring similar pension "reform" initiatives in other counties participating in the County Employees Retirement Law (CERL)." The August 2014 issue of the Public Retirement Journal presented a question and answer session with Caplan. In the interview, Caplan discussed the legal infirmities of the anti-pension measure and made clear the Court's analysis reaffirms unilateral local changes to CERL retirement systems cannot take place without state legislative authorization.
Olson Hagel & Fishburn, on behalf of the Citizens for Retirement Security, has successfully challenged the validity of a proposed Ventura County initiative. The proposed initiative sought to withdraw Ventura County from the statewide County Employees Retirement Law ("CERL"), switch new County employees to a 401k-style plan, eliminate current death and disability benefits, and impose a five year freeze on compensation for most current employees. Ventura County Superior Judge Kent Kellegrew ruled that "allowing this measure to be considered on the November ballot would only result in a waste of public resources" because CERL is a state law and neither an initiative nor the board of supervisors can lawfully withdraw a county from the statewide CERL retirement system without state legislative authorization. The Court's order to remove the proposed initiative from the November ballot was stayed for 10 days to allow parties to seek appellate review, but the proponents have publicly announced that they will not be seeking appellate review.
Olson, Hagel & Fishburn, on behalf of OneCalifornia, a bipartisan political committee formed in opposition to the Six Californias Initiative, has filed a request with Secretary of State Debra Bowen to investigate allegations of voter fraud during the signature gathering period for the Initiative. The request cited a recent Bay Area Newspaper Group story quoting individuals who said that signature gatherers had misled them about the Initiative by suggesting that the California Attorney General supported the Initiative and the Initiative opposes the division of California. The Six Californias Initiative, sponsored by Silicon Valley venture capitalist Tim Draper, calls for the creation of six new states out of the existing state of California. The Initiative has reportedly gathered 1.3 million signatures and county registrars must now determine if the Initiative has collected 807,000 valid signatures of registered voters needed to get the Initiative on the November 2016 ballot.
Richard Miadich, partner at Olson Hagel & Fishburn, filed an amicus curiae brief in City of El Centro, et. al v. Lanier, et. al. on behalf of the State Senate in defense of the constitutionality of SB 7. The lawsuit in El Centro was brought by several charter cities seeking to invalidate SB 7 which limits state construction money to charter cities that agree to pay state prevailing wages on local construction projects. Amicus argued in its brief that the Legislature's broad authority over state monies and existing "home rule" law permit the use of discretionary state financial assistance to incentivize local government to pursue important statewide interests such as the payment of prevailing wage. A ruling by the San Diego County Superior Court is expected in late August.
Richard Rios, a partner with Olson Hagel & Fishburn's political compliance unit, is currently representing Betty Yee, the leading Democratic candidate for State Controller, in a recount of the state Controller's primary race. Yee, a member of the state Board of Equalization, finished ahead of fellow Democrat, John Perez, by 481 votes in one of the closest elections in state history. John Perez requested a manual recount of specified priority precincts in fifteen counties starting with Kern and Imperial counties on July 6. The declared winner of the primary election will face Republican candidate Ashley Swearengin, the current Mayor of Fresno in the November general election.
Deborah B. Caplan, managing partner at Olson Hagel & Fishburn, has filed a lawsuit on behalf of the Citizens for Retirement Security challenging the validity of the Ventura County Pension Reform Initiative set for the November 2014 ballot. The Initiative seeks to replace Ventura County's current pension system with a 401(k) style plan for new county employees. Caplan, along with Ventura County Counsel, argue that the Initiative is preempted by state law and requires state authorization to opt out of the existing county retirement program. The matter captioned Lacey, et al. v. Lunn, et al. will be heard in Ventura County Superior Court on August 4.
Diane Fishburn, former partner and now of counsel to Olson, Hagel & Fishburn, and associate Emily Andrews recently published an article in the PORAC Law Enforcement News magazine regarding campaign finance laws. Titled "Election Year Update, Tips and FAQs" the article provides guidance regarding recent changes in campaign finance regulations and laws along with practical tips for keeping political activities lawful. The article also listed several common frequently asked questions with clear answers. PORAC is the largest statewide labor union representing law enforcement throughout California.
Olson, Hagel & Fishburn senior partner Lance Olson helped conducted a recent ethics training program for members of the California State Senate. The program was organized by Senate President Pro Tem Darrell Steinberg, a firm client, in the wake of recent criminal prosecutions of sitting members of the State Senate. Olson was one of three panelists who presented real life hypothetical scenarios representing potential ethical issues for public officials.
Chris Waddell, a senior attorney at Olson Hagel & Fishburn and the head of the firm's Public Retirement Law practice, has authored a chapter in the Cambridge Handbook of Investment and Fiduciary Duty, recently published by the Cambridge Press. The Handbook, which includes 36 chapters contributed from academics and practitioners of fiduciary law, investment management, and pension management and governance from around the world, explores recent changes and future trends in the principles that govern institutional investors and fiduciaries. Mr. Waddell's chapter examines how best practice governance policies can assist pension fund trustees in fulfilling their fiduciary duties.
Richard Miadich, partner at Olson Hagel & Fishburn, filed an amicus curiae (friend of the court) brief on behalf of the National Conference on Public Employee Retirement Systems (NCPERS), the nation's largest trade association representing public pension systems, in Reed, et al. v. Bowen, et al. before the Sacramento Superior Court. Amicus argued the Attorney General's prepared summary for the Initiative titled "The Pension Reform Act of 2014" accurately and fairly describes how the Initiative "[e]liminates constitutional protections for vested pension and retiree healthcare benefits for current public employees, including teachers, nurses, and peace officers, for future work performed." Judge Allen Sumner agreed and denied Petitioner's writ of mandate to compel the Attorney General to amend the summary. The ruling determined that the term "vested" and the phrase "eliminates constitutional protections" are not false, misleading or biased; and the Attorney General's use of the phrase "including teachers, nurses, and peace officers" is permissible.
Richard Miadich, partner at Olson Hagel & Fishburn, filed an amicus curiae (friend of the court) brief on behalf of the Sacramento-Sierra Building & Construction Trades Council, Greater Sacramento Urban League, and Sacramento Area Congregation in Camacho, et al. v. Concolino, et al. before the Sacramento Superior Court. Amici argued the Initiative titled "Voter Approval for Public Funding of Professional Sports Arena Act," is an unlawful attempt to amend the City Charter by ordinance and therefore beyond the power of the voters to adopt. Judge Timothy Frawley agreed. The ruling found that only a duly qualified charter amendment may limit the City Council's existing authority to manage the City's finances. The ruling also determined that the proponents of the initiative failed to substantially comply with procedural requirements to properly qualify the Initiative for the ballot.
Lance Olson Drafts Initiative to Require Nonprofit Donor Disclosure of "Dark Mone"
Senior partner Lance Olson was featured in the Capitol Weekly regarding an initiative he drafted dealing with "dark money" in California elections and the requirement for full disclosure by nonprofit organizations. "This is labor's backup if the Legislature doesn't deal with the problem" Olson is quoted in the story. Currently pending before the Legislature is SB 27 that would require full disclosure by nonprofit organizations spending large sums of money in connection with California elections. Olson helped draft SB 27 with the Fair Political Practices Commission.
Deborah B. Caplan, managing partner at Olson Hagel & Fishburn LLP, recently appeared in Los Angeles Superior Court to argue on behalf of the County of Los Angeles to prevent placing the AIDS Healthcare Foundation sponsored "Creation of a City of Los Angeles Public Health Department" initiative on the June 2014 ballot. Caplan, along with co-plaintiffs, the City of Los Angeles, argued that the initiative conflicts with state health law and impermissibly interferes with essential government functions. Judge Michael P. Linfield granted the plaintiff's Motion for Judgment on the Pleadings and enjoined the Los Angeles County Clerk from placing the Initiative before the voters.
Senior partner Lance Olson will participate in a discussion of the role of "Dark Money" in financing political campaigns. The presentation is part of the Pacific McGeorge School of Law's Capital Speaker Series. Olson will be presenting along with fellow Pacific McGeorge graduate Chip Nielsen. The discussion will cover the recent imposition of fines by the California Fair Political Practices Commission against out of state nonprofit organizations which illegally funneled $15 million in political contributions in connection with last November's general election. In addition, Olson and Nielsen will address issues resulting from the US Supreme Court's recent decision in Citizens United v. FEC and its anticipated decision this term in McCutcheon v. FEC.
Vicki Robinson, Olson Hagel's Director of Administration, served as President for the Sacramento Valley Chapter of Legal Administrators (SVALA) from April 1, 2012 through March 31, 2013. Under Ms. Robinson's leadership, the chapter received its first "Presidents' Award of Excellence Silver Level" from the Association of Legal Administrators. The award was presented at the National Conference in Maryland in April 2013.
The Presidents' Award of Excellence, named in honor of ALA's Past Presidents, recognizes chapters for effective day-to-day and ongoing chapter management. The goal of the organization is to educate their members to deliver cutting edge management and leadership services to legal departments.
ALA is a National Organization founded in 1971 with approximately 10,000 members worldwide, representing more than 30 countries. SVALA is part of Region Six which includes Arizona, California and Nevada. There are approximately 75 members in the SVALA Chapter with members from Sacramento, Elk Grove, Walnut Creek, and Modesto.
Restore Hetch Hetchy, an environmental organization dedicated to restoring Hetch Hetchy Valley within Yosemite National Park, presented its prestigious Stephen Mather Visionary Award to Olson, Hagel & Fishburn for its pro bono legal work on behalf of Measure F which appeared on the November 2012 San Francisco ballot. Measure F would have called for a restoration study of the "other Yosemite Valley" through removal of the reservoir which currently floods Hetch Hetchy Valley within Yosemite National Park. Partner Diane Fishburn accepted the award before 150 guests at RHH's annual dinner. Diane noted that although not successful, Measure F advanced the cause by bringing national attention to the issue of reversing John Muir's unsuccessful environmental battle to save the valley.
Olson Hagel & Fishburn is a proud sponsor of the 10th Annual Valentine Run to raise money for Legal Services of Northern California. In addition to being a Copper Heart sponsor, the firm sent a team to run in this year's event.
Through special programs and advocacy, Legal Services of Northern California supports over 500,000 under-represented citizens in 23 counties in Northern California, helping the poor achieve justice and stability by challenging the causes and effects of poverty in our communities.
Proposition 28, a measure reforming California's two decade old term limits law, was adopted by voters at California's June election. The initiative, drafted by senior partner Lance H. Olson, was designed to permit Legislatures to serve up to 12 years in either the Senate or the Assembly, in contrast to the prior system of limiting Legislators to three terms in the Assembly (for a maximum of 6 years) and two terms in the Senate (for a maximum of 8 years). The idea behind the initiative was to provide more continuity and experience in each house of the Legislature. The initiative was sponsored by the Los Angeles County Federation of Labor, a client of Olson, Hagel & Fishburn. Proposition 28 was approved by 61% of the voters.
Olson Hagel & Fishburn represents the California School Boards Association's Education Legal Alliance, the Association of California School Administrators, and Stockton Unified School District in a lawsuit brought against the State Board of Education for its approval of a statewide charter granted to Aspire Public Schools in 2007. (The California Teachers Association was also a petitioner in the litigation but was represented by different counsel.) At a hearing in December 2011, Deborah Caplan, managing partner at Olson Hagel & Fishburn, argued that the grant of the statewide charter violated state law, which favors locally-approved charters. Last month the Alameda County Superior Court agreed and expressed its intent to void the approval of State Board of Education's approval of Aspire's statewide charter.
Deborah B. Caplan, managing partner at Olson Hagel & Fishburn LLP, recently appeared in San Francisco Superior Court in an effort to protect education funding guaranteed by the California Constitution under Proposition 98. The lawsuit – brought on behalf of the California School Boards Association, the Association of California School Administrators, Los Angeles USD, San Francisco USD, and Turlock USD – was filed in September 2011 in response to the enacted 2011-12 state budget, which underfunded schools by more than $2 billion. A decision by the superior court judge is expected within 90 days.
The FBI arrested professional campaign treasurer Kinde Durkee last month on bank fraud charges after a number of prominent politicians reported fraudulent transactions and missing campaign funds from committee bank accounts. However, this is not the first time Durkee's name has been linked to fraud and embezzlement of campaign funds. Nearly two years ago, Olson Hagel & Fishburn assisted Senator Christine Kehoe, D-San Diego, with drafting a letter to the Los Angeles County District Attorney's Office to formally request an investigation of Durkee's actions in her capacity as Kehoe's campaign treasurer.
Partner Richard Miadich who is Vice President of the Sacramento Law Foundation recently participated in an award of $5,000 to WEAVE, Inc. The SLF is the charitable arm of the Sacramento County Bar Association where Rich also serves on the Board of Directors. WEAVE provides a safe house and crisis intervention services for survivors of domestic violence and sexual assault in Sacramento County. Rich was quoted in the Sacramento County Bar magazine's July issue: "The Sacramento Law Foundation is pleased to award this grant supporting WEAVE's efforts to improve access to justice for victims of domestic violence in the Sacramento community."
Senior partner Lance Olson was recently featured, along with two other UOP McGeorge School of Law alumni, in the law schools law summer issue of its magazine. In an article titled, "They Take the Initiative" Olson was described as one of the "major players in the California initiative process, both on the state and local level." Olson was identified as the author of Propositions 34 (campaign finance reform) and Proposition 25 (majority vote on the state budget) and one of the persons who spearheaded the creation of the California Political Attorneys Association.
Olson, Hagel & Fishburn LLP is pleased to announce that effective January 1, 2011, Richard C. Miadich became a partner in the firm. Prior to becoming a partner, Rich had worked as an associate attorney in the firm's Litigation Practice Group, where he participated in matters involving election and campaign finance law, education law, government and administrative law, and constitutional law. Rich is a graduate of the UC Davis School of Law and received his undergraduate degrees from UCLA. In addition to being a partner in the firm, he is a member of the Board of Directors of the Sacramento Bar Association and of the Sacramento Law Foundation.
In an article called "California Influencers" Campaign and Elections magazine identified the top 50 Democratic and top 50 Republican players in California politics today. Olson, Hagel & Fishburn partner Lance Olson was named as one of the top 50 Democratic players in California. The article noted that Olson has been "advising Democrats about political law for nearly three decades."
On behalf of the California School Boards Association, the Los Angeles Unified School District and the Manhattan Beach Unified School District, Olson, Hagel & Fishburn filed an original writ in the 2nd District Court of Appeal challenging Governor Schwarzenegger's veto of funding for mental health services to students in public schools. The lawsuit alleges the veto violates mandate provisions of the State Constitution.
Olson, Hagel partner Deborah Caplan, lead attorney for the petitioners, was quoted in the legal newspaper, The Daily Recorder, stating "The Legislature made a conscious decision to continue the program of county mental health services and the petitioners believe the governor's attempt to overrule the Legislature's determination is unconstitutional."
FRESNO, Calif. (KFSN) -- Fresno County Elections workers are getting used to having someone looking over their shoulders. This panel of three is verifying, or attempting to verify the signatures on absentee ballots, while observers from election campaigns look on intently.
The workers are comparing signatures on absentee ballots with the signatures on voter registration cards. The County Clerk wouldn't let us show you the signatures, but there were some obvious discrepancies that these workers did their best to sort out.
"It says Alicia or maybe Jesus."
In this panel of three, two must agree whether a signature is valid, or not. If not, it's stamped as "challenged," and placed in a bin, where the Deputy Clerk will try to make a final determination of whether it will be counted or not. Most of those looking on were representing the candidates in the District 20 Congressional race between Democrat Jim Costa and Republican Andy Vidak and they are expected to further challenge some of the results.
Lance Olson featured in California Lawyer magazine article highlighting "California's Ballot Bar"
In an article called the "Propositioners: How a small number of legal specialists make their clients' cases to voters." Olson, Hagel & Fishburn partner Lance Olson is featured as one of a small group of political attorneys involved in drafting ballot measures. The article identifies Olson, Hagel as a firm which represents mostly Democratic and liberal clients and labor unions. Olson is identified as general counsel to the California Democratic Party.
Deborah Caplan, keynote speaker at the University of Redlands where the focus of the symposium was "Fixing California School Finance" through a lawsuit brought by the California School Boards Association to challenge California's school financing system.
According to Deborah Caplan, a partner with Olson Hagel & Fishburn LLP, and one of the leading attorneys in the major lawsuit challenging the state's system of school finance now pending in the Alameda Superior Court, "The state has violated its constitutional duty to operate a functioning system of common schools and to keep up and support its schools because the programmatic and funding components of the system are so significantly disconnected and misaligned. As a result many students, and a disproportionate number of disadvantaged students, are denied an opportunity to learn the academic program proscribed by the state."
On Monday, July 26, the First District Court of Appeal issued a favorable ruling on behalf of several education organizations and school districts represented by Olson Hagel & Fishburn LLP. In a case involving important charter school issues, the appeals court overturned the trial court's decision and held that the State Board of Education used the incorrect legal standard in approving statewide charter applications when it failed to determine whether the proposed program could be provided through locally-approved charter schools. The appellate court also held that the State Board's procedures for approving state charters were subject to review for compliance with California's Administrative Procedure Act, and that a chartering agency's actions or inaction with respect to a charter school could be subject to a writ of mandate under some circumstances. The case, California School Boards Association et al. v. State Board of Education, will return to the trial court for further proceedings.
Deborah B. Caplan, a partner at Olson Hagel & Fishburn LLP, led the litigation efforts on behalf of the education associations and school districts. Counsel for the California Teachers Association also participated in the case.
Olson, Hagel & Fishburn partner Diane Fishburn recently addressed several local unions at a training hosted by AFSCME Council 57. The training focused on participation in state and local elections while complying with state campaign finance law.
Olson, Hagel & Fishburn partner Diane Fishburn recently provided a joint training with the law firm of Adler & Colvin for Planned Parenthood Affiliates of California. The training was attended by local affiliates from around the state and addressed participation in State elections. Fishburn provided training for the affiliates on compliance with state and federal campaign finance laws.
Olson, Hagel & Fishburn partner Deborah Caplan recently addressed the Sacramento Chapter of the League of Women Voters on the recent U.S. Supreme Court decision in Citizens United v. Federal Elections Commission which struck down the federal law prohibiting union and corporate independent expenditures in connection with federal elections. Caplan explained the impact of the decision on campaign finance laws, particularly in California.
On Thursday, May 20, 2010, a coalition of students, parents, school districts, and education associations brought suit against the State of California alleging that the current education finance system is unconstitutional and that the State is required to establish a system that provides all students an equal educational opportunity. Olson Hagel & Fishburn LLP represents the California School Boards Association, the Association of California School Administrators, the California State PTA and the nine school districts throughout the State.
"California is currently not providing the system of schools required by the constitution because its system for financing education is completely disconnected from the costs of the State's educational program and from the needs of California's children," stated Attorney Deborah Caplan, speaking at a press conference in Sacramento. Caplan, who is a partner with Olson Hagel & Fishburn, also spoke of the daunting odds school districts face, with California ranked virtually at the bottom of all 50 states in terms of the ratios of teachers, counselors, nurses, administrative staff, computers and many other critical education resources.
The FPPC has recently made significant regulatory changes regarding what constitutes a gift and how gifts are valued. Many long-standing rules have been significantly amended or eliminated all together. For example, free admission, refreshments and travel provided in connection with a speech, panel or seminar is now a reportable gift subject to limits.
In July 2008, the California State Board of Education adopted a requirement that all students throughout the state take algebra by eighth grade. Members of the education community retained Olson, Hagel & Fishburn to bring a legal challenge to the action. In January 2009, the trial court granted plaintiffs' request for a preliminary injunction, finding that the meeting was not properly noticed under the Bagley-Keene Open Meeting Act and that the State Board did not have authority to impose the eighth grade algebra requirement. After an appeal by the State Board, in April 2010, the Third District Court of Appeal affirmed the injunction in its entirety.
Deborah B. Caplan, a partner at Olson, Hagel & Fishburn, led the litigation efforts on behalf of the California School Boards Association and the Association of California School Administrators.
The Sacramento Business Journal reports that local lawyers are teaming up with Sacramento Food Bank and Family Services from April 19 to May 14 to fight hunger in the Sacramento region. The effort is headed up by Olson, Hagel & Fishburn LLP senior associate Rich Miadich who serves as co-chair. "As lawyers, we have a special public trust to provide service that goes beyond access to the court and some service pro bono," said Miadich. "Food from the Bar resonates with what lawyers can and should be doing." Founded in 1976, Sacramento Food Bank and Family Services seeks to assist those in need and move them toward self-sufficiency and financial independence.
On January 21, 2010 Sacramento Superior Court Judge Loren McMaster ruled that Sacramento Mayor Kevin Johnson's Strong Mayor Initiative constituted a revision of the city charter and such revisions cannot be proposed through the initiative process. The judge issued a preliminary injunction preventing the City Clerk from placing the matter before the voters. The lawsuit was brought by Sacramento labor leader Bill Camp who was represented by Lance Olson and Richard Miadich of Olson, Hagel & Fishburn. "The ruling affirms what we have argued all along," said Lance Olson, lead attorney for the plaintiff in the lawsuit. "The voters may revise the city charter, but it must be done lawfully and through an open and inclusive process."
The United States Supreme Court issued a decision in Citizens United v. Federal Election Commission in a rare special public session which reflects the gravity of the decision particularly with respect to Federal elections. The major holding in the Citizens United case is that the Court invalidated the Federal law which prohibits corporations from making independent expenditures in Federal campaigns. The practical effect of the decision is that both labor unions and corporations are not prohibited from making independent expenditures in Federal elections, something they were not permitted to do prior to the decision.
Given that it is so recent, it will take some time to fully digest the implications of the decision. However, there is no doubt that the Court's decision will significantly impact Congressional and Presidential campaigns. Given that Senator Boxer is up for re-election in California this year, it may very well be that we will witness the effect of the Citizens United opinion here first-hand.
Olson, Hagel & Fishburn partner Deborah Caplan was recently certified as an appellate law specialist by the California Bar Association Board of Legal Specialization. In order to obtain certification as an appellate specialist, an attorney must demonstrate substantial experience in handling appellate briefs and oral arguments and must pass a challenging written examination. There are less than 300 appellate specialists in the State.
"Enhancing Public Retiree Pension Plan Security: Best Practice Policies for Trustees and Pension Systems"
Chris Waddell, head of Olson Hagel & Fishburn's Public Retirement Law practice, has authored a report on public pension fund governance best practices for the American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME), a longstanding client of the firm. The report, entitled: "Enhancing Public Retiree Pension Plan Security: Best Practice Policies for Trustees and Pension Systems," serves as a roadmap for improving public pension plan governance. The report reviews best practice policies and recommends policy language for pension systems to adopt with a focus on trustee responsibilities, education, core competencies and ethical and fiduciary conduct. A copy of the report is available at www.afscme.org/pensions.
On December 2, 2009 Bill Camp, head of the Sacramento Central Labor Council filed suit in Sacramento Superior Court challenging the constitutionality of the Sacramento Mayor Kevin Johnson's Strong Mayor initiative. The lawsuit alleges the initiative violates the California Constitution which does not permit the revision of a city charter through the initiative process. Speaking at a news conference, Lance Olson, attorney for the union leaders, explained that the Mayor and proponent of the initiative had not followed the correct legal process for revising a city charter. "Any major changes to the Charter such as are proposed by the Strong Mayor Initiative must be done through a deliberative and open process—either by the City Council holding public hearings or through an elected charter commission operating in the open," explained Olson. "The Charter cannot be revised through a process where those with a private agenda and behind closed doors draft a new Charter and then present it directly to the voters. Such a process is not deliberative nor open as required by the State Constitution."
Most of Santa Barbara County's offices were closed for Veterans' Day. But at only 8:45 a.m. today, the county's election ballot-counting headquarters at the corner of Anacapa and Figueroa streets was bustling.
Three men sat outside with a stack of boxes of ballots, waiting to take them to the second-floor space filled with counting machines, computers, and yet more ballots. Upstairs, County Clerk-Recorder Joe Holland was giving a tour to a school field trip on one side near a handful of workers who were removing vote-by-mail ballots from their green envelopes. On the other side of the warm, stuffy room, one man was running ballots through a counting machine while three workers were duplicating ballots for people who had submitted ballots from overseas. There would be no holiday for these people.
Nor would there be a holiday for a group in the middle of the room - representatives dispatched by both the California Democratic and Republican parties who were ready to resume overseeing signature inspections on vote-by-mail ballots to make sure their candidates for the 19th Senate District, Democrat Hannah-Beth Jackson and Republican Tony Strickland, were getting a fair shake. The already tedious process has been considerably slowed by the observers-one team of two election workers verifying signatures had only gotten through four ballots in roughly 30 minutes of work. Two of those were challenged. In fact, dozens of votes have thus far been challenged, Holland said.


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Sammy Baloji | Congo Far West
Congo Far West: Retracing Charles Lemaire's Expedition (2011) revisits this violent 1898 Belgian expedition in the eastern Congo, exploring the exact sites where murders, massacres, and other colonial events occurred. Each site generates either single images or, frequently, diptychs that juxtapose an enlarged 1898 black-and-white photograph shot by the expedition's official photographer, Francois Michel, with Sammy Baloji's contemporary color photograph of the same location. In one diptych the expedition's photograph of Kayamkela Cave was taken when the Belgians burned to death the population of a village who had fled there to shelter; Baloji's photograph shows the same site now existing as part of a mining concession. Another pair of images record the site where the Belgian Lt. Fremont was killed during the expedition, while Baloji's picture includes a descendant of one of the seven survivors of the Kayamkela Cave massacre. Four works combine depêched photographic portraits by Francois Michel collaged onto backgrounds that consist of watercolor landscapes produced by Leon Dardenne, also part of the expedition. Baloji's work activates the original landscape painting, devoid of any signs of human habitation, with images of local inhabitants, reclaiming the landscape for it's indigenous populations.

redpajama_set_name: RedPajamaCommonCrawl


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Online Login Requirement For Doom Re-Releases To Be Removed
By Adnan Farooqui, on 07/28/2019 10:28 PDT
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Bethesda launched re-released versions of Doom, Doom II, and Doom 3 earlier this week. However, there was a strange requirement which made it obligatory for players to log into an online account before they could play the games. It wasn't long before players started criticizing Bethesda for this decision. It has listened to their feedback and confirmed that this requirement will be removed.
Many called this requirement ridiculous because the first of these games was released over 25 years ago. There wasn't an internet login requirement at that time so ideally, the game shouldn't have one even though it has been re-released.
Bethesda has confirmed that it's going to make the online login requirement optional in a new update. It added that this requirement was included for the Slayers Club in order to reward players for playing the classic Doom games.
They would have been able to unlock items for Doom Eternal, a game that's yet to arrive. Bethesda has now said that the login "should be optional" and that it's working on changing the requirement to optional now. It says that an update will be sent out to everybody once the fix is ready. Unfortunately, Bethesda hasn't confirmed precisely when that might happen.
Filed in Gaming. Read more about Bethesda and Doom.
Bethesda Kills Login Requirement For Doom And Doom 2
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Doom Eternal Launch Pushed To 2020
Watch Doom Eternal Run At 1,000 FPS On This Nitrogen Cooled PC
Someone Got Doom Up And Running On A Pregnancy Test
Acer's New Nitro Monitor Is Aimed At Console Gamers
Nintendo Switch Expected To Outsell PS5, Xbox Series X In 2021
iOS And Android Users Spent $400 Million On Apps During Christmas
Nintendo Rolls Out A Hospital-Friendly Console
Someone Just Robbed MSI's Factory Of $340,000 Worth Of NVIDIA RTX 3090s


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Facebook v Duguid
Facebook v. Duguid
Introduction and Summary of Argument
Modern businesses must communicate with their customers in a rapid, efficient manner. This isn't only because businesses want to provide excellent customer service. Customers expect, and even demand, routine communications like health care appointment reminders, delivery notifications, low-balance alerts, and fraud warnings. Consumers rely on these communications to carry out their responsibilities, organize their financial affairs, and protect their health and safety.
As it stands, businesses face impossible choices when making these communications, and so customers are deprived of them. In 1991, Congress passed the Telephone Consumer Protection Act and its so-called "ATDS" provision, which made it unlawful to call hospital rooms, 911 operators, and wireless numbers—but not landlines—using an "automatic telephone dialing system," defined as "equipment which has the capacity … to store or produce telephone numbers to be called, using a random or sequential number generator." 47 U.S.C. § 227(a)(1)(A). That provision targeted a specific, now-eradicated practice: telemarketers whose equipment randomly or sequentially dialed numbers and thereby shut down hospital switchboards, knocked out nascent cellular networks, and aggravated consumers with pricey per-minute charges.
Some federal courts, perhaps unhappy with the limited scope of Congress's efforts, have rewritten the ATDS prohibition. Under Marks v. Crunch San Diego, the ATDS provision covers equipment that merely has the "capacity" to "store[] numbers and dial[] them automatically." 904 F.3d 1041, 1053 (9th Cir. 2018). That overly broad reading arguably captures nearly every modern calling device, from the equipment that organizations use to make these communications to the smartphone in your pocket. As a result, callers risk litigation—and at least $500 in damages per call, with $1500 for willful violations—every time they try to deliver essential, desired, and often time-sensitive communications.
Marks is wrong. As Facebook and the United States explain, it badly misconstrues the TCPA's text, context, and history. But even if Marks's reading of the statute were plausible, it still would have to be rejected. By treating every smartphone as an ATDS and by threatening liability for billions of legitimate calls and texts from organizations of all stripes, Marks violates the First Amendment.
Download the amicus brief to read the full text.


Cook and promote Ark of Taste, Presidia, Wild and Slow Fish products, which can be indicated using their logos.
Our planet is suffering. Intensive agriculture has lost touch with the rhythms of nature. Let's reconnect, starting with the seasons: the freshest products are more fragrant, more flavorful and higher quality. And during long winters it is good to favor locally preserved foods that are produced using by traditional local techniques.
The inhabitants of our planet waste one-third of the food they produce, some during the production phase, and some because it never gets eaten. In Canada it is 9% of the total waste in the country that happen in hotels and restaurants.
At the same time, one billion people worlwide suffer from hunger. Don't waste food, and use leftovers. Many traditional recipes were created exactly to make use of the less appreciated parts of food and discards: rediscover them.
International and local Slow Food's projects and campaigns succeed and grow thanks to an extraordinary network of supporters: it is your voice that tells the story of small-scale producers and interprets them in the form of many different dishes; the funds collected at many small events are used to document and promote biodiversity thru the Ark of Taste, help African communities to construct thousands of gardens and to bring producers together to build Presidia.


Look for income when choosing Redmond Sofa Bed By Ebern Designs. More often than not furnishings are wear sale. If you need a a number of item, it can save you lots of money by with patience waiting for the retail price to be lowered. You could possibly ask your best Redmond Sofa Bed By Ebern Designs store if the piece will probably be labeled on the cheap. Should you need a new furniture, consider locating a single with a few completely covered pillows. These cushions go longer and might be flipped on a regular basis. If at all possible, you should obtain a settee with easily removed covers to help you quickly rinse them. Removable includes can be substituted easily just in case you are not able to nice and clean a spot Purchase Redmond Sofa Bed By Ebern Designs afterwards around. At the conclusion of this season, it is actually frequent for retailers to get these parts away their store surface. This can bring about some good product sales and discounts.
When there is anyone element that you could change to make investing 8 hours a day within an office simpler, its your seat. There is no lack of evidence showing that being stuck inside a chair for too long can improve the chance of coronary disease and worsen back pain. In fact, seated too much is even known as worse than smoking. Numerous people who have workplace jobs create problems like numbness, spine misalignment, joint pain, neck discomfort, and slipped discs usually from sitting too much time on a poor quality chair with out assistance. While you probably do not want to spend a lot of money on the seat, a high-high quality ergonomic chair is definitely an investment in your wellbeing, comfort and ease and productivity. Two separate studies, published in 1990 and the year 2003, found efficiency goes up greater than 17% when folks work in an ergonomic environment by having an adjustable seat. The best seat combined with ergonomic instruction may also decrease place of work injuries. Even if you do not already have arm or back problems, an ergonomic chair will help you keep up with the correct posture to prevent stress, carpel tunnel affliction, low back pain, and spinal disc injuries. The Nation's Start of Wellness suggests choosing a seat with all the required alterations in assistance correct posture. Including a seat with wheels along with a five-stage base a chair pan with dense, small-cell froth cushioning or circles a backrest that is either bent or sufficiently small to suit the little of the back again gentle arm rests with an flexible height and thickness a gas chair warmth adjustment feature along with a tip realignment to move someone weight to the seats backrest.
Arrived after shopping around for a couple days. Sales men were excellent and Brandon helped me out with the offer. Not manipulative, gave me straight answers on all my questions. I were left with a great deal on the Serta couch and love chair combination. Shipping was very next early morning even though promised for Wednesday. Happy I proceeded to go in. Recommend!
I proceeded to go in these days to check out the home furniture, I noticed them on the internet but wanted to to compare the feeling of every. As soon as I strolled in Manny greeted me and let explore the house furniture without any stress. After a couple of moments arrived by to ask if I had query that they clarified after which recommended I relax on the main one I was thinking about with confidence to make certain that was the one I wanted. General, pleasant and easy encounter I can't wait for my new Redmond Sofa Bed!
I cherished searching for my new home Redmond Sofa Bed right here! Shopping around for a home furniture is exhausting. Also it am good not sensation compelled into anything. I was really impressed using the customer service. I tried almost every household furniture in here. All which felt fairly cozy! I definitely recommend shopping for your next new house Redmond Sofa Bed right here Many thanks Wyckes!


Technical. Never dull. Great flow. Well maintained. Not suited for inexperienced.
Review: Fun trail for any beginning MTB'er. Trail is through medium dense forest on sand soil. I rode this trail during June 2017. It was very well maintained. Trail markers everywhere. Great flows. No obstacles, elevation or difficulties to speak of.
MTB route Zeist MTB Trail 0.00 out of 5 based on 1 ratings. 1 user reviews.


A trend setter, in the open fast cruiser yacht type, this is the builder that is Pershing, who made and makes school by refining and changing the way Sport Cruiser and Yachts look. Apart the status symbol that the silver bullets i.e. Pershing have become, one has to admit that this yard had and still sets the future for this type of boats. The 64 presented in March is the second model following the 72 of what Pershing is calling the new idea models, which is followed by a clever communication, high lightning what has always been part of the DNA for this World renowned Italian builder. Then the fact that everybody follows there concepts a decade later is clever evidence on how forward this yard and designer Fulvio De Simoni are.
Accommodation Always a strong point for Pershing yachts is the accommodation, offering motor yacht comfort with aggressive exterior lines. The new 64 does not disappoint this philosophy and improves the heritage left in the replacing of the 62 model, which had a clever layout with its stand out feature being the mid ship VIP cabin with a separate deck entrance. The 64 abandoned this appreciated idea but created new ones for the spacious galley, with separate entrance from port side of the main deck and the layout below now all reserved for the three spacious cabins. Full beam owners cabin located mid ship, VIP cabin to fore and in between a twin guest cabin. A crew cabin with full facilities and separate entrance from the main deck is located mid ship. The main deck is where the innovation of the 64 stands, and is outstanding thanks to the patio door which if desired can literally disappear below making this area a full one space. Pershing was keen to give there technical magicians, who worked this concept for the 72, more work and presented it also for the 64. This gives a whole meaning to the Pershing main deck! Featuring a host of areas starting with the sun pad with settee aft and an l-shaped dinette all on the outside area. Further forward under the hard top we have a spacious c-shaped saloon settee to starboard with a cabinet opposite, a small l-shaped settee to port and helm station to starboard.
Performance Another important element for Pershing is the performance, which from the nineties onwards has always been part of the revolution of this shipyard offering 40 knots plus speeds as standard. The hull shape is a modified vee with a 17 degrees deadrise aft, coupled with another standard feature of the yard the surface drives, which are part of all the range expect for the smaller 46 model. The new 64 amazes you thanks to its 46 knots performance, but also its 40 knots cruising which give a range of 285 miles with the bigger engine option of twin 1550 hp V12 MAN.


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The Telugu Film Producer Council has decided to remove all Telugu releases from theatres in TN because of the TFPC strike.
If you are a fan of the much-loved Ram Charan then there is some bad news for you. In the latest development, his latest release Rangasthalam—which hit screens on March 30,2018—wil be removed from theatres in Tami Nadu from this Sunday. The Telugu Film Producer Council has taken this decision in view of the ongoing TFPC strike to protest the high fees charged by Digital Service Providers. This act is likely to result in more unity amongst producers from different industries. However, at the same time it is going to leave movie buffs a bit disappointed.
In case you did not know, Rangasthalam is a rural drama and has been directed by Sukumar. In it, the 'Mega Power Star' essays the role of a lively guy named Chitti Babu and shares screen space with actor Samantha Akkineni for the first time in his career. While speaking at its pre-release event, Charan had said that Rangasthalam helped him understand the beauty of village life.
"Rangasthalam gave me the opportunity to appreciate and celebrate what it means to live in a village. Life is so peaceful in a village and we can't find pure and clean people anywhere else. I kept thinking how much we miss staying in the cities. I need to thank team Rangasthalam and director Sukumar for this life-changing experience and I should admit I discovered a new Ram Charan in this process," he had said.
Similarly, while speaking about the film, Sam had said that playing a de-glam character was big relief for her.
"It was such a relief to play a character where I didn't have to look perfect. It's too much pressure to handle when you're constantly thinking about your make-up, hair beyond what you are actually supposed to do in front of the camera. Everything about the film and my role is on a different tangent," she had said.
So, do you feel removing Rangasthalam from theatres in Tamil Nadu is the right decision? Comments, please!


Arundel Town Council is working in partnership with West Sussex County Council to test the long term effectiveness of footfall sensors. With two working sensors in the town, we are provided with weekly reports. These reports are indicative and do not provide accurate numbers, but should give a contextual position.
Over time, this information will hopefully give us an understanding of the impact of events on business and community assets. It could also be used to inform future policy decisions.
Note: As part of this project, no personal information is collected or held by Arundel Town Council, West Sussex or the private sector partners.


Is Your Practice Prepared to Handle a Data Breach?
Is your medical practice at risk for a data breach? Chances are it could be. Most data breaches occur simply because medical practices have little to no monitoring, says Benjamin Caudill, co-founder and principle consultant at Rhino Security Labs in Seattle, WA.
"Despite the high costs of HIPAA fines and the risk of losing valuable patient data, many medical offices still are slow to ensure such data is secured," he says.
Oftentimes, Caudill says that the flaws come down to social engineering, such as the secretary clicking on a malicious link in his or her email, the doctor unknowingly entering his information into a phishing site, or some other human-based vulnerability, allowing hackers to compromise the internal network and access sensitive data.
The good news is that there are several steps your practice can take to minimize your risk for a data breach.
One way you can better protect your practice is through a managed security service provider which can easily add monitoring and technical expertise in protecting patient data.
"Some of these firms even offer a discount for smaller practices in exchange for referrals or longer-term contracts, reducing the cost of this security protection even further," says Caudill.
The primary challenge is simply getting the system to work as expected.. All too often Caudill sees a company tout a multi-million piece of equipment and all the things it protects, and then become baffled when he tests the security and it fails.
Are you using a remote access to connect to files and data away from the office? Legacy point-to-point remote access solutions are a serious security threat, but more modern tools are available to help practices reap the efficiency benefits without leaving them vulnerable to attack.
"To protect themselves, it's imperative that healthcare organizations examine their remote support solution and ensure it meets the security requirements of today's heightened environment," says Nathan McNeill, co-founder and chief strategy officer for remote support provider Bomgar.
Among the considerations, notes McNeill, is making sure the remote support solution is deployed within the network, and that full logs of all session activity are captured and stored.
Insider threats have become the greatest risk to businesses regarding data breaches.
With the medical offices Fitzgerald's company has worked with, they often see improperly trained employees making mistakes that cause data breaches.
Of course, all medical practices need to have antivirus and anti-spyware installed and a firewall installed, Fitzgerald adds. Most will want to have an Intrusion Detection Solution installed (IDS). HIPAA and HITECH regulators are requiring firewall and server log management and in many instances ongoing monitoring of machines on the network.
"We strongly encourage continuous monitoring systems," says Fitzgerald.
In his experience, the two biggest areas of pushback Fitzgerald sees from medical practices are budgetary constraints and compliance buy-in.
"Many practices haven't figured out that they need these systems in place to protect their business and often there is a battle for partial funding," he says.
Another issue he sees is that security will fall on the shoulders of the IT team.
When the partners of the practice understand both the risks and the value these systems can bring, they will often jump on it quickly. The key to success, says Fitzgerald, is finding a solution that is scalable so that as the practice grows, the systems can grow with it, further reducing the lifetime cost.


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Tag Archive | "Circus"
Cirque du Bronx
Posted on 15 October 2014. Tags: Circus, Cirque du Monde, Hunts Point, The Point CDC
Jean-Tae Francis (left) learned a bit of everything the circus has to offer before he specialized in juggling. (Amy Chen / THE POINT)
On a cool Tuesday evening in September, the empty lobby of Hunts Point's community center filled with the whooshing sounds of colored balls flying through the air as instructor Jean-Tae Francis led a game of "100-ball juggling" with his group of aspiring circus performers.
Nineteen-year-old Francis stood in the middle, encircled by about 10 teenage circus students, began the game by juggling three red-colored balls. He called on his students one by one, to toss their juggling balls in his direction. The goal was to continue a three-ball juggling pattern amidst the flurry of incoming balls. Following Francis' demonstration, each of the students took turns at the center, their high-pitched laughter echoing throughout the The Point Community Development Corporation.
In the auditorium next door, another dozen or so students practiced a series of rigorous cartwheels, somersaults and other potentially dangerous tumbling moves, a staple in professional circus acts. This circus program – the only one in the Bronx – is run for free two nights a week by Cirque du Monde, a social outreach program created by Cirque du Soleil. Each class has an average attendance of about 15 to 20 students, some of whom attend both sessions two nights a week throughout the academic year. According to Cirque du Monde's website, the program combines "circus techniques together with educational social intervention to help young people." But for some students, the circus is more than a temporary, after-school activity. It is a possible career choice.
Francis wandered into the Hunts Point circus class four years ago simply looking for something to occupy his time. "I came here to learn a few tricks, like how to do a flip or two, and continue with my life," said Francis, as he looked around the lobby of The Point, which has now become almost like a second home to him. But, he said, he was slowly drawn into the world of circus not only as a social outlet, but also as a possible way of life.
The jovial teenager, with a small, permanent smile on his face, immigrated to the United States when he was 14 years old from Antigua and moved in with his aunt in New Jersey. "There weren't many Caribbean people around so it was hard for me to make friends," said Francis about his time in New Jersey. A year later, he moved to the Bronx, where the circus became his main social activity. "Most of my friends now are from the circus." He settled in school and absorbed the culture shock as, he said, school life was very different back in the Caribbeans.
A group of jugglers sat in a circle to play the 100-ball juggle game. It was the first meeting of the year for the circus program at The Point (Saheli Roy Choudhury / THE BRONX INK)
Francis has learned over the years that the world of the circus has more to offer beyond a sweaty, social diversion. The circus industry has gone through many changes over the last two decades with the rise of contemporary circuses that compete with the traditional ones. Traditional circuses like the Big Apple Circus provide an intimate, artistic performance experience under the iconic circus tent. Ringling Brothers and Barnum & Bailey Circuses entertain with the razzle dazzle of three rings. Contemporary circuses like the world renowned Cirque du Soleil place emphasis on artistic performances, often supported by full orchestras.
The biggest change in the industry, according to Keith Nelson, founder of the vintage Bindlestiff Family Cirkus, is the decreasing number of traveling circuses around the country. Nelson believes the decline is related to the expense of traveling, with its higher insurance premiums as well as more paperwork. But there is reason to be optimistic, as a new vein of community-based circus performance is growing in popularity. It is creating new jobs in many non-profit groups that use circus performances as a means for education and social rehabilitation.
Francis started his foray into the circus by learning a little bit of everything. He learned tightrope walking along a thin, tensioned rope high above the ground. Francis found his favorite activity was mastering juggling with a variety of props like balls and clubs. He believes versatility is key to success in the circus. "If you're in a circus and you only do one thing, " said Francis, shaking his head a little, "you're going to have a really hard time making money."
The recent high school graduate has a lot of plans. He wants to study Information Technology at the Illinois State University because he likes "taking stuff apart and putting them back together." But what he is hoping for is a spot with the university's prestigious Gamma Phi Circus as a launching pad into the industry. The Gamma Phi Circus is the oldest collegiate circus in the country and its alumni have gone on to perform with many well-known circuses including Cirque du Soleil and the Roberts Brothers Circus.
For now, Francis focuses on practicing his skills to perfection. The teenager spends up to eight hours a day, most days after midnight, to practice his circus skills, particularly juggling. He said the improvements had been noticeable over the months, for which he had received high praise from Nelson and others, who see potential in him. He also teaches the juggling class at The Point to develop himself professionally. He's part of the coaches-in-training program, geared toward teens who are serious about advancing their skills and also sharing the knowledge with peers. "I try to be as encouraging as I can," said Francis about his teaching technique.
While the teens at The Point have aspiration in abundance, breaking into an industry as close-knit as the circus is an uphill task. Aside from stage performers, circus jobs can range from set designers to sound and light technicians to business managers. After the Soviet Union broke up in the early 1990s, there was a mass influx of talented Eastern European circus artists into the United States. This resulted in the growth of many multi-generation troupes in the country. "It's a family business," said Paul Miller, a professional clown by training and the founder of Circus Mojo, an organization in Kentucky that teaches circus skills and performance to adults and youths.
Miller has been in the industry for almost two decades and said the circus follows an "apprenticeship model" where seasoned performers have routinely refused to teach the skills to anyone outside their families. They believe the circus is their intellectual property, said Miller, and they protect it fiercely. Miller's breakthrough came with the Ringling Brothers circus in 1996 when he won an apprenticeship as a clown. "I was a Gadjo," he said, referring to the derogatory Romani term used to describe new circus performers who did not inherit the job from their ancestors. "Real artists would rarely have given me the time of day."
For aspiring performers, there are more opportunities available now than there were during Miller's time. More circus training schools have opened up in recent years, dedicated to training the next generation of gadjo performers. There are many non-profit organizations, funded by city councils and state funds, offering free or inexpensive courses in circus training; the knowledge that was once aggressively protected is becoming democratized.
Sixteen-year-old Xia Greenberg, from Queens, made the one and a half hour journey from Queens to attend the Hunts Point circus program last month. It was her first day as she stood in a corner and watched as others somersaulted through the air. "There are no circus classes in my neighborhood that are free," said Greenberg, who had been riding the unicycle since she was 11. Her eyes were fixed on the solitary trapeze bar that hung in the right-hand corner of the auditorium. After some hesitation, the 5-foot-3-inch teenager gathered enough courage to climb the horizontal bar, holding tightly onto the ropes. Knees bent, she swung experimentally and smiled with satisfaction on her first attempt.
Greenberg fully intends to enter circus college after graduating from high school. She's currently looking at the New England Center For Circus Arts in Vermont, which teaches many varieties of circus arts to its students. For Greenberg, the circus is a place where she can be herself. "I'm a really quiet person," said the soft-spoken teenager, "so when I do circus, I feel like I can express myself without having to speak."
Miller is very receptive towards younger performers as he knows the difficulties of breaking into the industry where having connections is essential. Earlier in July, he gave Francis, and his peer at the program 19-year-old Omar Rodriguez, a chance to perform in Cirque DeVou, a joint production between Circus Mojo and the Kentucky Symphony Orchestra, consisting of various circus acts like juggling and stilts walking, where the performer stands on small platforms elevated on a pair of poles. They performed before an audience of nearly 3,000. "My biggest crowd before that," said Francis, smiling, "was 20 people." Performing before a big crowd felt easier. "In a crowd of 20, if only 50 percent clap," he said, "it's not that much, but in a big crowd, it's pretty loud." It is a confidence booster.
The following month, Miller brought Francis to Germany with members of Circus Mojo on an international exchange program with a local circus, Circus Pimparello. "Germany's a lot different from America," said Francis, recalling the sense of wonder he felt on his first trip to Europe. "It was really fun and clean there. Not much trash cans but not a lot of trash either." Francis immersed himself in classes in juggling and acrobatics and gave a series of street performances outside the Stuttgart Opera House, in Stuttgart, Germany. Though it was his first international street performance, he was not fazed. "People were just walking by and some stayed to watch,"he said, with a smile. "It was pretty fun."
Francis believes juggling is the most difficult prop to master in the circus. He puts in four hours of practice every day. The improvements have been noticeable but there are "too many good jugglers out there." He's pragmatic about his chances of breaking into a professional circus, where having an extensive network makes a big difference. "I made a lot of connections this year," he said beaming with confidence. "So I guess I'm off to a good start."
Francis' family back in Antigua, however, has set conditions for the young performer. "They're pretty cool with it," said Francis, as long as he gets a college degree first. They are not too thrilled with his recent spate of traveling for circus. Other parents have been more vocal in their disapproval of seeing their children run off to the circus. The stigma still exists, said Miller. "You know what they used say, lock your doors, lock your windows, the circus is in town!"
Within a big circus, there are a variety of non-performance jobs like house staff, ring crew who manage the day-to-day performances, the technical staff looking after lighting and sound, the kitchen staff, animal groomers, among others. The Cirque du Soleil, for example, is one of the biggest employers in the industry, hiring close to 4,000 employees, of which only 1,300 are artists.
New avenues for circus acts have also been on the rise with places like cruise ships, theme parks, nightclubs, shopping malls and casinos hiring skilled performers. The rise of social circus–where circus is used as a tool for social intervention and rehabilitation among high risk groups–has added to the demand for performers; for example, the Big Apple Circus' Clown Care program is an outreach effort where clowns perform in pediatric facilities across the country.
Omar Rodriguez, 19, is a regular at The Point's circus program. Along with Jean-Tae Francis, Omar can frequently be seen juggling at Bryant Park on Saturday afternoons. (Saheli Roy Choudhury / THE BRONX INK)
Rookies work long hours, do grueling tasks, and get very little pay. But Miller reckons starting small and climbing up the ladder is the traditional way to go. When he started his clown apprenticeship with the Ringling Brothers, he worked 60 hours a week and earned $237; which amounted to $4 an hour, slightly below the minimum wage rate of $5.15 in 1997. Miller defended the "exploitative" nature of the circus towards newcomers and said rewards for perseverance are high. Following his apprenticeship, Miller went on to work as a circus performer in casinos around the country, making $500 a day; more recently, he worked for six months in Japan, putting in "12 minutes a day" worth of effort, and was paid $2,000.
For athletic performers, the lifespan is relatively short. By 40, most of them are "old, broken circus performers" reduced to manning the concession stands, said Miller. With many big circuses like Cirque du Soleil opting to hire Olympic athletes and professionally trained dancers, many young, talented circus performers are also going out of work. Jugglers have a longer lifespan, which makes it more competitive – a fact Francis said motivates him to work harder. "I met a lot of really good jugglers this year," he said, which made him focus more on developing his technique and skills.
The road has been bumpy for Francis. Two years ago, he had his first opportunity to go on an overseas trip to Italy to perform with a circus troupe. "While the trip was upcoming, I didn't have my U.S. passport at that time, so I wasn't able to go," said Francis. Disheartened and frustrated, Francis wanted nothing to do with the circus anymore. For the next three months, he hung out with his friends on the basketball court. Eventually, he could no longer ignore the call of the stage and returned to the circus program. Francis still thinks about giving up circus when going through a bad patch. "But I never actually go through with it," said Francis, with a smile.
One of the most important persons Francis turns to, whenever he experiences his moments of self-doubt, is the circus program coordinator at The Point. With short hair, a pair of t-shirt and three-quarters, and a warm, welcoming smile, Amy Chen easily stands out in the crowd. The coordinator herself is a trained juggler, trapeze artist, and acrobat, and occasionally performs one of the toughest circus acts–fire breathing.
When she started working at the teen program, her goal was to promote the ideas of community building and peer support, along with teaching the teens about circus. "Most of the students came in their cliques of friends and were primarily interested in furthering their individual skills," said Chen. The tumblers had no interest in juggling while the jugglers did not care much about aerials. Everyone wanted to focus on their own interests and on ways to further them. The sense of collaboration and togetherness took time to build and nurture. Chen keeps careful track of each and every student who drops by the program and works to build a tight-knit circus family. "They have each other's backs–so no matter what they choose to do with their circus skills in the future, they have each other," she said.
Back at The Point, when practice time was over, most of the teens stayed back and continued with their juggling and tumbling routines even as the night grew darker. Francis was one of the last to leave. Though the dedication of the students and the instructors were evident, the program has yet to place a graduate with a professional circus. The overwhelming odds do not deter Francis about his future. For now, he wants to simply focus on perfecting his techniques. "It makes me happy to juggle," he said. "It makes me happy to make other people happy when I'm doing it well."
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At Ohio Specialty Surgical Suites, our ambulatory center is equipped with two operating rooms complete with the latest cutting-edge technology in orthopaedic surgery. Our highly trained, board-certified orthopaedic surgeons provide skillful arthroscopic and other state-of-the-art procedures that are minimally invasive to return you to a pain-free, mobile life in no time. We specialize in reconstructive surgical methods that will take the ache out of doing the things you love.
Once the condition of your joints has passed the point of maintenance through lifestyle changes and medications, you may then be a candidate for joint reconstruction or joint replacement surgery. Arthroplasty can be performed on hips, knees, shoulders, and elbows to replace the damaged portion of the joint with a pain-free prosthesis. Our skilled orthopedic surgeons offer partial and total joint replacement, including same-day total joint replacement surgery.
Arthritis, osteoarthritis, and other conditions that patients often suffer from on a daily basis are now easily treatable with advanced joint replacement surgery. Recovery is now much easier and requires no hospital stay. Our surgical recovery suites allow you to get the customized post-operative care you need in a private, tranquil setting before returning to the comfort of home.
A minimally invasive orthopedic surgery technique, arthroscopy is used for a number of procedures involving joint problems. It is used to both diagnose and treat, by using an arthroscope to view the area and insert and guide thin surgical instruments to treat the joint. Arthroscopic joint surgery reduces your risk of infection, damage to surrounding tissues, recovery time after surgery, and post-operative pain, swelling, and bleeding - because only a minor incision is needed.
Our orthopedic surgeons perform shoulder arthroscopy for rotator cuff repairs and impingement syndrome, knee arthroscopy for meniscal and ACL tears, hip arthroscopy for hip impingement, and many other arthroscopic techniques.
Debilitating back pain and/or limited mobility from an injury or congenital spine condition that fails to respond to noninvasive treatments may require spine surgery. Because of the intricate nature of the spine, you need a skilled spine surgeon trained in the most advanced techniques to reduce surgical complications, as well as postoperative downtime and pain.
Board-certified spine surgeon, Dr. Jared Stefanko performs cutting-edge neck and back surgery including discectomy, cervical and lumbar disc replacement, kyphoplasty, laminectomy, foraminotomy, and spinal fusion including ALIF, TLIF, XLIF, and DLIF. After a comprehensive assessment to ensure an accurate diagnosis, he will determine the proper procedure to treat your neck or back pain.
You frequently rely on your hands, wrists, and elbows each and every day. It is extremely important to take care in performing any kind of hand surgery, because any further pain or damage could easily become debilitating. Our board-certified upper extremity surgeons are highly experienced in performing arthroscopic procedures that result in minimal scarring and pain during recovery.
Carpal tunnel syndrome is very common in adults and can be treated similarly with an endoscopic carpal tunnel release surgery. Our skilled orthopaedic surgeons use other elbow, hand, and wrist surgeries to treat arthritis, accidents, and traumatic and overuse sports injuries, as well as neurological conditions from TBI, stroke, or spinal cord injury.
While well-fitting shoes may not be the most stylish, they are the only type of shoes that will prevent skeletal complications later on down the road. Conditions such as hammer toe, mallet toe, bunions, or arthritis of the ankles or toes can result from having poor-fitting shoes. Other causes are poor blood circulation, diabetes, nerve damage, or simply aging. Our foot surgeons can correct skeletal deviations before they worsen or repair those that have already become a problem, using state-of-the-art foot and ankle surgery based on your condition.
Meet Dr. Tim Conlan from Hemii on Vimeo.
Meet Dr. Jeffrey Dulik from Hemii on Vimeo.
We employ considerable discretion in determining when to escalate musculoskeletal issues to orthopaedic surgery. Once all applicable noninvasive pain management methods such as physical therapy have been exhausted, your comprehensive care will remain safely in our hands as we prepare you for the next step.
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Roslyn Franken is author of The A List: 9 Guiding Principles for Healthy Eating and Positive Living. She is a Weight Loss Coach and Motivational Speaker on positive living solutions for positive results for greater health, success and quality of life. She hosts How to Thrive After 35 Internet Talk Radio and is co-author of Death Can Wait: Stories from Cancer Survivors. Diagnosed with cancer at age 29, Franken fought back to become a long-term cancer survivor. Then at age 39, at her heaviest weight ever, and concerned for her health, she decided to fight back once again, only this time to overcome her battles with food and weight once and for all. Roslyn owns Roslyn Franken Group, committed to helping people lighten up their lives one bite at a time by reaching and maintaining a healthy weight, balanced lifestyle, and positive outlook.
Did you know that Easter is now one of the top-selling candy holidays running closely behind our beloved Halloween? Whether you celebrate Easter as a religious or secular holiday, or even if you don't celebrate Easter at all, it is a time of year to celebrate the coming spring with all its new beginnings.
Keep holiday treats out of sight: If you struggle with food or weight issues, it's likely that you find it difficult to resist food when it is in front of you, especially when it comes to sweets. By leaving bowls of candy or bags of chocolate eggs or bunnies or hot cross buns on the kitchen counters, coffee tables or anywhere else where it is in plain view, you are putting yourself in what I call a "dangerous food situation". If you see it, you will be more likely to eat it then if it is out of sight.
Don't let the office sweets control you: The workplace poses challenges for those facing food or weight issues with people bringing in their treats to the office. Sometimes there is a specific treat table set up just for this reason or people leave the treats openly visible on their desks. If you know you will have to pass by the treat table or talk to someone with treats on their desk, pop a sugarless candy in your mouth beforehand. If your mouth is already filled and busy with the sweet candy, you will be more conscious of putting anything else in your mouth and be less likely to reach for the treats mindlessly.
Avoid being over-hungry: Whether you're entertaining or a guest, be sure to eat regular meals throughout the day so that you're not a bottomless pit by the time the meal or treats are served. Arriving over-hungry is again a "dangerous food situation". Instead, have a small healthy snack and some water to partially fill your stomach before the main meal so that you are less likely to over-indulge on both the meal and the sweets.
Minimize stress: As Easter is a time for family gatherings, you may be susceptible to undue stress with the typical high expectations of how the family gathering "should" go. You may believe that everyone "should" get along and everything "should" go perfectly from the perfectly cooked ham or lamb to the perfectly behaved children. However, expectations don't always meet reality. Let go of your need for perfection as this will only create unwanted stress. When you're overstressed, you will be more likely to turn to food for comfort and over-indulge in too much of the less healthy choices.
By avoiding these dangerous food situations and minimizing your stress, you will be able to enjoy a sweet but much healthier Easter with far less of the sweets and other over-indulgences than you would normally experience. Happy holidays!
Great read – I'd love more articles from her! Thanks again.


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Recently a controversy has broken out within the GNU/Linux community concerning friction between the GNOME project, the creator of the eponymous component of GNU/Linux that provides the user interface, and Canonical, the company behind the Ubuntu operating system.
The issue is that the Canonical people, having started out by building their operating system around the GNOME desktop environment, have been gradually moving away from the official version to a version that more matches their needs, based upon code they've written themselves. This has been going on for some time now, with netbook versions of Ubuntu already jettisoning major components of GNOME in favor of a revamped front-end that will eventually also become the primary front-end for the desktop version of Ubuntu.
Needless to say, there's been a lot of heat about this, but I have to say I think the development is good. If you doubt this, you should look at the results: For many of us, Ubuntu is easily the best desktop operating system out there at the moment, having as much, if not more, functionality than Windows or Mac OS X, yet having a user interface that's close to Mac OS X in ease of use, and way ahead of Windows. The system is solid, reliable, and people who use it love it.
How did the Canonical people produce such a thing, without the massive resources of a company like Apple and Microsoft? Well, they built upon a system that already existed. They recognized, from the beginning, that the system they were building upon didn't quite match what they were trying to achieve, so they devoted resources to improving it. And because of the way these systems are licensed, they were able to do this without having to stop and ask permission every step of the way.
And that's an important point, because if they had to ask permission, they wouldn't have gotten it. The GNOME developers have their own view of what a user interface should be, but it's not quite the same vision that Canonical has for Ubuntu. Much of this is a due to the agendas of the people developing it: GNOME is, right now, primarily a project funded by RedHat and Novell, both of which are companies interested in building operating systems to act as servers. They want user interfaces a system administrator will find friendly.
This isn't to suggest GNOME isn't friendly, it is and the GNOME community has done a great job. But obviously Canonical, who are keen to produce an operating system that will work for everyone, even people who find Windows difficult to use, wants it to go in a slightly different direction.
Feelings are hurt and people are arguing that these types of argument are damaging for the free software and open source communities. I disagree. I think what's happened is a demonstration of the strength of the open source development model, and a vindication for free software. Had Canonical been reliant on GNOME, Ubuntu would be stagnant. Canonical and the GNOME people are free to write code, publish it, and make use of the best of each other's ideas, and that's why Ubuntu is the excellent system it is today.
Labels: free software, gnome, ubuntu


Description: This rounded stick is designed to be used with a dobachi, a bowl gong, to create clear, bright tones. It is used to tap the gong for a short tone or it can create a longer, ringing tone when it is run around the dobachi's rim.
Appraise: The striking stick is about six inches long and an inch wide. It is made of wood and looks like you could hold it. It is in excellent condition.


text:
Fr. Paone A realistic aid for better daily living. Pocket Size Soft leather , 315 pages
Why Must I Suffer?
Rev. F.J. Remler, C.M. Whether it be due to our own over-indulgences in abusing the varied and sundry goods of this earth, our own seemingly countless...
Flying Solo - On the Chaste Single Life in the World
By Brother André Marie, M.I.C.M. A state in life is defined by Brother André simply as "a fixed manner of living to preserve grace in this world and...
Til Death Do Us Part - Living the Married State
By Brother André Marie, M.I.C.M. This final talk begins by emphasizing that the Catholic couple must be an heroic example to a world that has lost...
Crusade Devotion Series
By Fr. Dennis Smith The crusade of Saint Benedict Center has three purposes: 1) the sanctification of every crusader, religious and lay; 2) the...
On Being a Tertiary in the World MP3
By Br. Lawrence Mary, M.I.C.M., Tert. Theme: The Catholic Reconquest: Motives, Models, and Methods Title: On Being a Tertiary in the World...
The Vocation of a Lay Apostle MP3
By Br. John Eudes, M.I.C.M., Tert. Theme: Looking Toward a Catholic America Title: The Vocation of a Lay Apostle (From 2001 SBC Conference)...
Life Beyond the Ritual MP3
By Fr. Lawrence Smith Theme: The Catholic Reconquest: Motives, Models, and Methods Title: Life Beyond the Ritual (From 2004 SBC Conference)...
Applied Christianity
by Father John J. Hugo This is the second of three books written by Fr. John J. Hugo concerning the great 20th century spiritual retreat master,...
By Dom Gueranger Saint Benedict, father of western monasticism, is rather more known for his life and Rule than for a medal cast in his honor. The...
Rev. James E. Sullivan Prayerful thoughts on the Life and Teaching of Christ. Pocket Size Soft leather , 627 pages
Why Be a Tertiary?
Theme: The Catholic Reconquest: Motives, Models, and Methods Title: Why Be a Tertiary? By Br. André Marie, M.I.C.M. Br. Andre explains the...
The Intolerant Lover: Venerable Emmanuel D'Alzon
Theme: Catholic Saints & Heroes: Models for our Modern Age Title: The Intolerant Lover: Venerable Emmanuel D'Alzon By Br. André Marie, M.I.C.M....
Third Order Members, Their Families and Vocation MP3
Title: Third Order Members, Their Families and Vocation By Br. Lawrence Mary, M.I.C.M., Tert. Articles by Br. Lawrence Mary (From 2006...
The Big Decision - On the Choice of a State in Life MP3
By Brother André Marie, M.I.C.M. What Brother André examines in this exciting and informative introductory presentation is the meaning of a vocation in...
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text:
Brittiska F3-mästerskapet 2014 var ett race som var den sextiofjärde säsongen av det brittiska F3-mästerskapet.

Resultat

Källor

Säsonger

2014 i Storbritannien
Brittiska F3-säsonger
Motorsportevenemang 2014

redpajama_set_name: RedPajamaWikipedia


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