High court pulls plug on YouTube trial coverage

High court pulls plug on YouTube trial coverage


EXCERPT: The court said it wanted until at least Wednesday to consider arguments by backers of Proposition 8, the November 2008 ballot measure outlawing same-sex marriage, that camera coverage could result in threats or even violence against witnesses favoring the measure.


EXCERPT: Trial on YouTube?

-- What happened: The Supreme Court issued a stay through Wednesday on a judge's plans to allow the trial over California's same-sex marriage ban to be uploaded to YouTube.

-- What's next: The court wants to hear more arguments on the issue. It could then lift its stay or make the camera ban permanent.

-- How to watch the trial: Thirty-six seats are available to the public in the courtroom of Chief U.S. District Judge Vaughn Walker on the 17th floor of the federal courthouse, 450 Golden Gate Avenue in San Francisco. Another 150 seats are available in an overflow room on the 19th floor in which the trial is being shown on closed-circuit TV.

Chronicle staff writer Bob Egelko contributed to this report. E-mail the writers at jvanderbeken@sfchronicle.com and jgarofoli@sfchronicle.com.



"If the pink slip doesn't fit,
get redressed!"
Click to see my wardrobe of remedies.


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From Iron Curtain to "Iron Rice Bowl" to Iron Production

How did a 46 year old woman, born in Maoist China, turn a lay-off in 1996 into a multi-million dollar business in 8 years? She lost her job with millions of others when Communist China's state run businesses downsized to shift to a capitalist economy. The Government then gave the laid off workers assistance finding new employment or tax exemptions if starting a new business.

These lay-offs of massive numbers of workers from government subsidized businesses marked the end of the "iron rice bowel" -- guaranteed government employment.

She failed at her first business as a sugar wholesaler due to lack of experience. She started a second business, interior decoration and installation. She had a ready, cheap labor pool of 2100 laid off women in their 40s and 50s. Monthly pay for a worker: about $48.00 per month. Her attitude: "I just tried to make my businesses successful so that I could help more people."

This is a simplistic story, with a tone of propaganda, originating from a Chinese News Agency. Still, it suggests that the U.S. Government could think of creative ways for the unemployed with entrepreneurial bent to develop businesses that would specifically target the unemployed for jobs.

From: From laid-off worker to wealthy businesswoman in eight years by
Source: Xinhua News Agency, 9/25/2004.
Via: HighBeam™ Research
Copyright 2004 Xinhua News Agency

"If the pink slip doesn't fit,
get redressed!"
Click to see my wardrobe of remedies.


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Frank's Own "Avatar" Production. Loosen Up Guys!

"If the pink slip doesn't fit,
get redressed!"
Click to see my wardrobe of remedies.


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Frank Introduces Himself, and What He Does

"If the pink slip doesn't fit,
get redressed!"
Click to see my wardrobe of remedies.


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Feeling Bad About Good News

If the economy is improving, why does it feel so bad? Has anyone actually met a "GDP"? Ever snuggled up with a productivity index, or nuzzled with "increased inventories". Do any of these "signs of improvement" have children or grandparents? On the other hand, unemployment is likely to stay above 10% overall for some time in 2010, and in the inner cities, the levels are at Great Depression levels. In human terms, the emotional and physical affects are devastating. Families are being pulled apart by the strain. The Labor Department seems unable or unwilling to measure the number of increased divorces, suicides, psychiatric admissions, accidents, or homeless persons as a measure of the so-called "recovery".

It is true that employment is a "lagged" measure of recovery, but when does a "lag" become an anchor or vortex? I think the truth is that this "recovery" is suspect and tentative because money is still frozen, and businesses are simply unable to expand without capital infusions. There is no static state. If there is no access to capital, more people will be laid off.

So, the next time you meet one of your unemployed friends (and we all now have several), don't offer him or her the happy news that Gross Domestic Product was up 2.8% in the 3rd Quarter of 2009.

"If the pink slip doesn't fit,
get redressed!"
Click to see my wardrobe of remedies.


Link

Drunks and Cowards

Banks were first drunk with lending, and now are frozen like cowards. Small businesses with good credit histories are routinely being denied SBA loans. The L.A. Business Journal reports that Capital One Financial Corp. did not make a single SBA loan in 2009. I believe the we're seeing a financial system in the pangs of withdrawal. First bingeing on quick ill-advised lending, the Banks now virtually have stopped lending by raising their standards to absurd extremes.

Irresponsible lenders contributed to the current mess, and now, by setting impossible lending standards, they are equally irresponsible. These extreme opposite bank behaviors are like opposite sides of a closing vice, with the small business person in the middle.

Japan went thorough a decade of stagnant economy in the 90s because it did not address this essential problem of banks freezing the flow of capital. Small businesses collectively employ more people than the mega-firms. Therefore, its time to administer a laxative to constipated lenders by setting moderate and functional criteria for lending though the Small Business Administration.

In personal terms, these dysfunctional banking decisions hurt the people I serve: the unemployed. My clients are needlessly competing for limited jobs with persons who should be employed by small businesses with access to needed capital. The human costs include depression, lack of medical care, and deterioration of family relationships.

"If the pink slip doesn't fit,
get redressed!"
Click to see my wardrobe of remedies.


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Word Nets Catch No Real Fish

Oh, if only life followed the dictates of the Supreme Court. We would have a greatly simplified and predictable world.

Once upon a time, the Court was troubled that managers were being sued individually for acts of discrimination. (Reno v. Baird). On the other hand, the anti-harassment statute was clear that individual managers were to be liable for harassment. Hence, the discrimination/harassment distinction. Not as easy to distinguish practice as it looks in writing.

In Roby v. McKesson (2009) 47 Cal. 4th 686, the Court once again visited the fuzzy logic of harassment vs. discrimination. That fuzzy logic had concluded previously that "management actions" related to the operation of the business, while "interpersonal actions" (such as pinching a subordinate's ass) were not "official" management actions. [Uh, just to be clear, the graphic description is mine, not the Supreme Court's. This penchant for the clear bold statements may be why those august souls have yet to let me in their Court].

Now, can you see how our effort to use words to structure reality is like throwing a fish net over the vastness of the universe. Yes, we have reference points for order, but we have sacrificed truth. The "truth" is that the Court's earlier "word net" caught no real fish. We are, in effect, back where the Court started. The Court abandoned its old "discrimination/harassment" distinction, and simply allowed an employee to present proof that "management actions" were intended to harass her.

I just want to say thank you to the CA Supreme Court. First, thank you for my license. I want to keep it, and I hope you realize I meant no disrespect with that "pinching" remark. I know you'll let me argue before you if I follow the rules, and I promise to follow the rules. Secondly, thank you for abandoning magical thinking, and returning to reality. It makes my job as an employee's lawyer so much easier. I think it also improves the chance for justice.

"If the pink slip doesn't fit,

get redressed!"
Click to see my wardrobe of remedies.


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Dancing Lawyers

My observation over time is that we lawyers do not generally make good dancers. Dancers are connected in multiple dimensions. They are connected to the floor, to the rhythm, and to their partner. They FEEL the music, and translate that feeling into a fluid motion that says "YES" to life. I came across a truism that may be applicable: "Don't trust a man with a sword who does not dance." Maybe this is why highly educated people don't necessarily possess the ability to communicate effectively with a variety of people. They are in love with ideas more than people, and forget that ideas are for people. As Jesus said, the Sabbath was made for man, not man for the Sabbath. Rules. Rules. Rules.

I just completed a 4 day dance retreat in Palm Springs, CA. Yes, I was a beginner. But the experience of dance teaches me so much about the state of my life and how I show up in relationships. Am I in tune with the music of life? Am I willing to experience however many awkward situations and mistakes as may be needed to hone my skills? Am I able to maintain a positive attitude even when I wonder "Will I ever get this right?"

Every trial is like a dance. There are steps and syncopation that must be followed. But variation, adaptation, soul, and passion make the dance alive and beautiful to see.

So, I leave you with that line from a song I recently heard: When given the choice of sitting it out or dancing, I hope you dance.

"If the pink slip doesn't fit,
get redressed!"
Click to see my wardrobe of remedies.


Link