San Jose Post Record

GUEST COLUMNS

Bannon can't hide behind executive privilege

Stephen K. Bannon, who was pardoned by President Donald Trump for defrauding investors in a border wall fundraising scheme, is in legal hot water again. This time it's for his refusal to appear before the House Select Committee for a deposition and to produce documents. The committee is investigating the Jan. 6 attack on the U.S. Capitol.

It's time to get serious about water crisis

Last Tuesday, Gov. Gavin Newsom extended and expanded his declaration of a drought emergency, just as the first in a series of storms rolled in from the Pacific to give California a much-needed respite.

Washington, we need every dollar of housing aid

Housing aid is threatened in Washington as the Build Back Better Act reconciliation package moves toward a vote. The original $327 billion housing portion is by far the largest and most needed investment in affordable housing in decades. This aid must be protected from deep reductions if we are to address California's and the nation's housing crisis.

COVID & flu: Is 'twindemic' threat lurking again?

First, the good news: The flu was practically nonexistent last year. The bad news: Little flu last season means increased risk this fall and winter.

Funding to fight hate crime is start, but actions matter too

Gov. Gavin Newsom has signed legislation that includes more than $157 million for Asian Pacific Islander equity in the 2021-22 California budget. This is a historic three-year investment for California's growing Asian Pacific Islander community. Nearly $10 million will go toward better data collection.

Appellate attorneys group suggests efficiency improvements

"It's been a long 20 years since the Strankman Commission proposed measures like these. Their time has come," said appellate attorney Jon Eisenberg.

The world 'has found a way to do this': The U.S. lags on paid leave

Congress is now considering four weeks of paid family and medical leave, down from the 12 weeks that were initially proposed in the Democrats' spending plan. If the plan becomes law, the United States will no longer be one of six countries in the world — and the only rich country — without any form of national paid leave.

How to protect yourself from online card fraud

Americans are expected to do much of their holiday shopping online this year even as the pandemic recedes, and criminals are expected to follow them. So here are some tips for safe digital shopping.

Paraprofessional program will perpetuate disparities

The State Bar's paraprofessional program is unlikely to minimize the justice gap and will result in individuals with insufficient training providing inadequate legal services.

Clean water in California is overdue

Forty-nine years ago this week, Congress passed the federal Clean Water Act, with the goal of restoring America's waters.

Compliance with statutory rules ensures premarital agreement enforceability

Given that one out of two marriages ends in divorce (and the absence of any evidence that premarital agreements make divorce less likely), the parties who enter into premarital agreements are essentially making a bet. If the parties never divorce, the premarital agreement may be irrelevant as a practical matter. If they do, the first question will be whether the agreement is enforceable at all.

Not on the menu: Halal, kosher options limited in California school lunches

On days she forgets to pack her lunch, 17-year-old Dalal Erekat has to resort to a few vegetarian options like carrot sticks and tater tots. Her school, Valhalla High, has never provided halal entrees permissible to eat by her Muslim faith.

California needs COVID response teams in every school so teachers can educate

Each day my team arrives at work wondering how many potential COVID cases we'll handle.

Circuit clarifies standards for willful patent infringement

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance.

Who will govern much-troubled Los Angeles?

It's difficult to understand why any rational person would want to be mayor of Los Angeles, California's largest and in many ways most troubled city.

Gas lawn equipment ban hits the little guys

Gov. Gavin Newsom's signature on Assembly Bill 1346 makes one wonder whether California politicians ever fully understand — or even want to understand — the ramifications of their decisions.

Oil spill shows need to transition to clean energy

The oil spill in Huntington Beach demonstrates why we need to ban offshore drilling. The spill, estimated at between 24,000 gallons and 131,000 gallons of oil, is just the tip of the iceberg.

Is direct democracy under attack here?

Sometimes it seems that nobody likes California's direct democracy — except the voters.

What's changed in 13 years of writing about the wealthy

I began writing the Wealth Matters column in December 2008. The column was conceived earlier that year, when the economy still appeared to be running high. But by the time the first one ran, the economy was deep in crisis, and Americans were worried about their investments, their savings and, in many cases, their homes.

Paraprofessionals in a new age: creative solutions for the justice gap

Those who may be opposed to licensing paraprofessionals opine that the failure of these new entrants may negatively impact public perception of the industry as a whole. That is why it is important that this is set up correctly. Accordingly, the California Paraprofessional Program Working Group's Sept. 23 Report and Recommendations endeavors to set up a system aimed at success.

California's legal climate hurting small business owners

California small businesses are still reeling from the COVID-19 pandemic, but we shouldn't be. Every day, more Americans are vaccinated and more businesses are opening up, yet small business owners continue to suffer unnecessary hardship.

Are immigrants getting left out of rent relief?

Now that eviction protections in California are tied exclusively to whether a tenant applies for rental assistance, advocates are urging the state to take a closer look at who's being left behind.

Have an FSA? You may be able to carry over more money in 2022

Do you have a flexible health spending account through your job? Rules for the accounts have changed temporarily because of the pandemic, and that may affect how much you'll want to save next year.

Senate report could be bad news for Trump, former White House staff

Last week, the Senate Judiciary Committee issued an interim staff report on the use of the DOJ by Donald Trump and his allies.

California bullet train funds stalemated by Legislature

While Gov. Gavin Newsom signed 770 bills passed by the Legislature this year, he couldn't approve a big one that he wanted badly — a $4.2 billion appropriation to shore up the state's much-delayed, increasingly expensive and obviously mismanaged bullet train project.

Reform draconian late fees, fines for Bay Area bridge tolls

Paul Briley knew a bill was coming. He'd crossed the Bay Bridge a dozen times for work and to make sure his grandmother was taking her medicine. With bridge tolls at $6 a pop, he had a good idea how much he'd racked up.

Utilize knowledge of Indigenous people to prevent wildfires

We need a dramatic shift in our efforts to curb wildfires in California.

COVID lungs: Transplants are last resort for many California patients

Dr. Shura Alexis Moreno has always been one to count his blessings. Nowadays even more so: Every breath he takes with his new lungs feels like one.

With car lots sparse, shoppers drive home in their second choice, or third …

The most desirable new vehicles are selling before they even hit dealerships. Used-car prices are through the sunroof. And automakers worldwide are idling plants and cutting capacity as they wait for more desperately needed chips to be delivered.

Newsom, Legislature push the state leftward

Gov. Gavin Newsom has closed the book on the Legislature’s 2021 session by signing 770 bills, many of which exemplify a progressive social agenda.

Eliminate inequities in family leave policies

With paid family leave on the agenda in D.C., we have an opportunity to ensure California’s experience informs a better federal policy.

The de minimis concept in copyright cases – the Ninth Circuit says what it is and what it isn't

The Ninth Circuit explained that de minimis goes to the amount of copying of a copyrighted work as opposed to any de minimis use or display of any such a work.

Will new measures fix California's colleges?

California’s Master Plan for Higher Education, adopted in 1960, isn’t working but a new array of bills purports to fix its shortcomings.

Oil spill increases pressure on Newsom

While Newsom has often loudly touted California as a leader in decarbonizing its economy to battle climate change, environmental activists have been pushing him to shut down the state's substantial oil industry.

California's tax on inherited properties hurts minority communities

Prop. 19 is making homeownership and passing along small family-owned businesses more difficult for Black communities.

Nurturing innovation in care for seniors

AB 523 helps make community-based care options more effective in serving seniors where they need care.

Clear air of diesel generators that power shadow grid

Absent new policy directions, the role diesel generation plays in California’s energy mix will only increase.

New approaches needed to fight wildfires

I saw the devastation of the Camp Fire first-hand, and all the wildfires this year show that what we’re doing isn’t working.

In a 'war for talent,' employers hold the line on health benefit costs

Workers may find their health plans offer narrower doctor networks and emphasize less-costly telehealth care, as employers seek to rein in health care costs without making workers pay more out of pocket.

Ruling weighs in on harsh, unjust, draconian and enforceable remedy

A recent appellate opinion addresses the statute of limitations on bringing an action under Business and Professions Code Section 7031 when an unlicensed contractor performs work requiring a license.

Salmon hatcheries need updated infrastructure, strategies

These three key strategies will help hatcheries deal with modern-day problems impacting salmon survival.

All late-stage cancer patients need access to biomarker testing

SB 535 would prohibit health care insurers that already cover biomarker testing from requiring prior authorization.

Streamline & modernize Cal Grant program for students

The Cal Grant program has not kept pace with the changing needs of students, while evolving into a complex patchwork of programs.

Private jet market grapples with surge in get-me-away demand

Waits for charter flights are longer, and costs higher, as many more of the rich seek to avoid crowded planes and airports.

Written description remains critical to patents

There are many requirements for obtaining a patent. One of those is the written description requirement. Pursuant to 35 U.S.C. §112(a), the patent must describe the invention in writing.

Gov. Newsom's erratic vaccination orders

Generations of California public school students have been required — by law — to be vaccinated against deadly diseases.

California experiments with social democracy

California, as everyone should know by now, has the nation's highest rate of poverty as determined by the Census Bureau when the cost-of-living is included in the calculation.

What's at stake for Newsom's biggest campaign donors after recall effort defeated

As Gov. Gavin Newsom wraps up a month of high-stakes decisions about what should become law in California, he's also making calls that impact many of the donors who just spent millions of dollars to help him defeat the historic Sept. 14 recall.

Turning health data into real transformation for Medi-Cal

The big summer health care budget news was the passage of Assembly Bill 133, which expands Medi-Cal eligibility, improves behavioral health access and requires providers, hospitals and health plans to share complete health records by 2024. The bill underscores the importance of transparency and data.

Policy plus creativity will help California get back to work

Employers say they can't find workers while job seekers say they can't find work. According to the California Employment Development Department, July's unemployment rate is 5.7% lower than the same time last year. Meanwhile, the U.S. Labor Department reported a record high 10.9 million job openings in early August. So why aren't Californians filling them?

Student COVID vaccinations: California becomes first state to require them for kids 12 & up

In another aggressive effort to stop the spread of COVID-19 and ensure schools remain open, Gov. Gavin Newsom on Friday announced a vaccine mandate for students ages 12 and older, making California the first state in the nation to require students to be fully vaccinated for in-person instruction.

Universal transitional kindergarten will be a game changer

On a Tuesday evening in May, third-grade teacher Clara Yanez and second-grade teacher Jackie Gonzalez stood in front of their board of education and asked them to count little plastic farm animals.

California's fraught history with childhood vaccines

In some ways, Gov. Gavin Newsom's recent decision to require COVID-19 vaccinations for all schoolchildren as early as next year is straight out of the California pandemic playbook.

Housing justice relies on a strong CEQA

For generations, public agencies have directed highways, landfills, meat processing plants, warehouses and other polluting facilities to South Fresno neighborhoods, an area of the San Joaquin Valley that is predominantly populated by lower income households and people of color.

Criminal justice reform panel scores legislative wins

Twelve books stored in a Stanford University library — that's what became of the last effort to dramatically revise California's penal code. No passed legislation, no chaptered laws.

California Supreme Court round up

The California Supreme Court issued several employment law decisions during the past year. We summarize below the most important of these rulings.

State still won't make workplace outbreaks public

Supporters of a push to require companies to report workplace coronavirus outbreaks publicly say they plan to keep fighting despite recent setbacks that they say allow big businesses to keep outbreaks secret.

Hidden partisans try to influence independent redistricting

In August, Christopher Rodriguez phoned into an online meeting of the California Citizens Redistricting Commission, the 14 volunteers who will draw new congressional and legislative maps that will be used for the next decade.

Women on corporate boards good for business – and it's the law

Change is easier for some than others. It's true of California companies that have refused to add female directors to their boards, as required under SB 826, a 2018 law that requires all public companies headquartered in California to appoint women to their boards.

Permanent solution needed to keep government meetings online

During the pandemic, state government made significant strides toward a more tech-savvy and inclusive future. That's because Gov. Gavin Newsom issued an executive order temporarily permitting state boards and commissions to meet online – no physical location necessary.

The need to solve California's caregiver shortage

Nothing clarifies the necessary components of a system like a crisis. The past year of fear, isolation and grief has produced some invaluable lessons about who cares for and about our older adults.

Decline in substitute teachers challenges school districts

California's teacher shortage means most quality substitute teachers are being hired on full time. At the same time, there has been a steep decline in applications for substitute teaching credentials since last January.

State should have info on broadband access, quality of service

If we learned anything from COVID, it is that high-speed internet service is vital. We need broadband for commerce, education, health, social connections and entertainment.

All state prison staff must be vaccinated, judge rules

The California Department of Corrections and Rehabilitation disagreed with the court's findings, arguing it has embraced vaccination efforts, while the California Correctional Peace Officers Association said it is looking at legal options in response to the judge's mandate.

Circuit allows easier foreign corporation service requirements

The U.S. Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to significantly speed up the process of serving complaints on foreign defendants.

As UC makes room for more Californians, can it afford to lose out-of-state students?

Out-of-state students at the University of California may pay three times more in tuition than California students, but the Legislature sees in-state students as worth more.

Lightning could spark more fires as world warms

Wildland firefighters don't admit to fearing much, but lightning is one terror that even the most experienced veterans say they hope to never encounter.

How you can find rental assistance in California

Perhaps it's a sign that the worst of the coronavirus pandemic is behind us, or that it has stretched on far longer than we ever expected, but two key pandemic-related safety net programs are soon coming to a close.

Contractor's deal on California rent relief gets more lucrative

Despite an initial slow rollout of rent relief money, the state of California is extending and more than doubling its deal with the outside contractor it hired to get the money to tenants and landlords.

Bridging the gap between climate justice & housing justice

California has been grappling with two significant crises: homelessness and extreme weather events, including drought and wildfires. To address these interrelated crises, new climate policies need to prioritize housing justice as a moral and societal imperative.

How to improve California's deadly record of outcomes for Black births

Wanted pregnancies are often a joyous occasion filled with baby clothes and parties. But for Black parents, pregnancy can also be filled with fear of wondering if they or their babies will become a statistic.

Disabled UC students reviving campus activism

With colleges reopening, students might be checking to see where their classes are, tracing paths to lecture halls that can span campus. At UCLA, those paths usually cross one of the campus's defining landmarks: Janss Steps, three flights of brick-lined stairs up a hillside.

A push for social security to resume mailing annual updates

With so much financial information available online, who needs paperwork cluttering your desk? But some members of Congress want Americans to get at least one financial document on paper: their annual Social Security statement.

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