San Jose Post Record

GUEST COLUMNS

Watershed restoration is key to a climate-smart future

California is in a megadrought, with its key reservoirs falling to their lowest points in history. Wildfire season is already here, and officials are bracing for yet another catastrophic year. Meanwhile, rural communities remain in desperate need of viable, sustainable economic futures.

Changing rules can change election outcomes

The conflict du jour in Washington these days is the sweeping Democratic bill — passed by the House but hung up in the Senate — to overhaul voting procedures.

Legal issues surrounding the future of autonomous vehicles

Researchers estimate that by 2025, we could see 8 million autonomous vehicles on the road.

State hits record summer school enrollment; is it enough?

The stakes are high this summer for South Los Angeles parent Renee Bailey. Her daughter Cali just finished kindergarten, but she spent most of it on a computer screen at home where her reading, arithmetic and handwriting skills all declined.

Standards are profoundly needed for LegalTech and AI to liftoff

It is appropriate to assert that standards make the world go round, especially when considering the impact that standards have had on the advent of worldwide shipping. The legal field also needs standards. There are nascent standards for legal data and LegalTech, plus we need to stretch further and aim for standards to empower the emergence of AI Legal Reasoning (AILR) systems.

When it come to taxes, the cover-up can be worse than the crime

Many people might say that cheating on your taxes is the best way to get into serious trouble with the IRS. They would be partially right, and that is certainly not a good way to start.

Questions linger after state high court upholds 'California Rule'

The opinion permitted the California Legislature to address perceived pension abuses, even if the modification reduces some employee benefits, while upholding the requirement of the California Rule that detrimental changes otherwise must be accompanied by offsetting new advantages.

On anniversary of War on Drugs, Congress looks to shift approach

While many other nations around the world have enacted broad reforms in recent decades to replace criminal sanctions with health focused strategies for addressing problematic drug use, the United States has persisted in waging its Drug War at home and abroad.

Electric-vehicle push should support American workers

Assembly Bill 794 strips away language requiring essential manufacturing and assembly to be done in the United States.

Ruling in gun case rightfully rejected well-practiced talking points

The court scrutinized the state's "evidence" submitted at trial to justify the law, found it inadequate, and declared California's laws unconstitutional.

Profit-thirsty Big Ag makes a bad thing worse

The drought and worsening climate crisis underscore why California’s water must be divvied up equitably.

California Legislature passes a self-serving sham budget

The California Legislature passed a state budget on Monday, but it was just a self-serving charade because there are still issues to be settled.

Doing good by donating stock | Personal Economy | By Ryan Onishi

If the stock is held in a taxable account, it means that a decision to sell shares at some point in the future may result in a taxable gain.

Will Starbucks be next corporate sponsor of a sports facility?

While I believe that Starbucks filed the application with the intent to enter into a naming-rights deal, I also believe that they won't do so unless the right opportunity presents itself.

California shifts from baby boom to baby bust

California has finally achieved the zero population growth that some environmentalists had urged decades ago, but it has its own set of challenges.

Don't delay governor's broadband plan

Lock in the details for a “middle mile” broadband infrastructure plan before June 15 to secure billions in federal funding.

How better data can help state avoid drinking water crisis

Drought reporting systems can predict where wells will go dry and help communities prepare to take action before they run out of water.

California's charter school war flares up once again

The fact that many charters are non-union is a big factor in the conflict, perhaps the dominant one.

IRS: opportunity zone sites will not be redrawn due to census

Developers who were hoping for an expansion of opportunity zones recently got some disappointing news.

Unless crime rates drop, the Battle of Gascón will continue

District Attorney George Gascón was elected on promises that he would reform and reshape the justice system in Los Angeles, the largest district attorney's office in the country.

5 steps to help you successfully navigate today's housing market | Personal Economy | By Ryan Onishi

In many parts of the country, home prices have been soaring. According to the National Association of Realtors, the median existing-home price rose more than 17 percent in the one-year period ending in March 2021. This reflects just how competitive the market has become for homebuyers.

Will psychedelics become legal in California?

Amid growing scientific research into therapeutic uses for psychedelic drugs and a progressive push to soften punishment for drug crimes, California lawmakers are considering a bill to legalize magic mushrooms, Ecstasy and several other hallucinogenic substances.

California must renew efforts to keep families in crisis together

Maya, a pregnant mother living in her car with her 6- and 8-year-old children, reached out for help in Sacramento last April. Within 24 hours, she received a hotel voucher and rental assistance for permanent housing. She also was linked with local programs that provided a crib and diapers for her child on the way, home-based trauma support and referrals to other community services.

State's big reopening: What changes — and what doesn't — on June 15?

California's grand reopening day is almost here, but it comes with a few asterisks.

I see dead people...filing lawsuits in New York

New York's post mortem right-of-publicity statute recently came into effect. Its previous right-of-publicity laws were an extension of its statutory right of privacy which provided that "any person whose name [or likeness] is used within [New York] for advertising [or trade] purposes without ... written consent" can sue for an injunction and damages.

Extend eviction moratorium to prevent another health crisis

As public health and health care leaders, we are overjoyed to see diminishing numbers of COVID cases.

Stockpiling of AI-generated legal postures creates an ethical dilemma

Lawyers craft legal arguments for their court cases. AI-based legal reasoning systems will be able to assist in such efforts and might eventually be able to do so autonomously. For those that have the wherewithal to afford such AI systems, they can stockpile a vast array of as-yet disclosed legal postures, though some believe that such hoarding is wrong and needs to be made available to all.

California's death penalty is reconsidered again

California's evolution into a cultural melange in the latter half of the 20th century posed a question that still looms: Can such a complex society achieve the broad social consensus that's a prerequisite for effective governance?

Ex parte communication leads to arbitrator's disqualification

With rare exceptions, such as a need to discuss administrative matters, an ex parte communication between an arbitrator and attorney is unethical.

Treasury may publish rules for reporting cryptocurrency transactions

The Treasury Department is expected to publish new rules to say that businesses that receive crypto worth more than $10,000 would have to file a current transaction report with the government, naming names and giving details.

SoCal air district adopts first-of-its-kind 'indirect source rule'

The South Coast Air Quality Management District recently adopted a first-of-its-kind "indirect source rule" that makes owners and operators of warehouse distribution facilities responsible for pollutants generated by the diesel trucks that service their facilities.

A Dutch approach to climate change liability in Shell case

"Going Dutch" now may mean increased corporate liability for climate change impacts after a Dutch court found that Royal Dutch Shell has a duty of care to affirmatively and swiftly address the impacts of climate change.

Can California shut down failed projects?

We human beings hate to admit failure. Even though our brains may know when some endeavor has failed, our emotions and our egos may drive us to continue trying to make it work.

Zoning changes could hurt Black homeownership

I am a Black grandparent, homeowner and member of the Altadena Town Council. I grew up in a single-family home, and my husband and I have lived in our house in Altadena for more than two decades.

Major 1st Amendment case pending before US high court

A pivotal First Amendment case involving student use of social media and the allowable boundaries of school regulation of off-campus speech is pending before the U.S. Supreme Court.

Four things to know about state budget deal

With a deluge of dollars flowing into California's coffers from state taxpayers and Uncle Sam, Democratic leaders in the Legislature have agreed on a budget plan that would spend slightly less than what Gov. Gavin Newsom proposed, while still pouring billions of dollars into helping Californians recover from the pandemic.

End laws that sanction guilt by association

If you were told that there's a law on the books that lets police target people for special prosecutions on the basis of race, would you believe it? Would you believe that this law lets police designate Black and Brown kids for surveillance and harassment, and allows prosecutors to suspend many of the rules that protect the rights of white people?

California's tribal casinos now want sports betting

When retired lobbyist Jay Michael and I wrote a book about political power shifts two decades ago, we devoted one chapter to the dramatic evolution of California's Indian tribes from repression and abject poverty to having a legal monopoly on casino gambling.

This is the moment to reform senior care

Eight in ten deaths from COVID-19 nationwide have been among adults aged 65 years and older. Concentrated among long-term care facility residents, these losses are prompting our nation to rethink how we care for seniors with chronic care needs.

Ready to play defense with your retirement savings? | Personal Economy | By Ryan Onishi

For most investors, it's no surprise that markets are subject to up-and-down fluctuations over time. And if you are investing with a long-term perspective, it's pretty common for your portfolio to experience temporary declines in value.

Instagram faces claims it encouraged media companies to illegally embed images

We recently wrote about a case in the Southern District of New York against Mashable relating to the embedding of content from social media platforms like Instagram.

Construction Corner: 'Lifestyles of the Rich and Famous' edition

Before the Kardashians, before Empire, before "Crazy Rich Asians," there was "Lifestyles of the Rich and Famous" with Robin Leach. Moore v. Teed, 48 Cal. App. 5th 280 (2020), is about the unfulfilled wishes and dashed dreams of the $13 million dollar "fixer upper."

Klobuchar proposes bill that would overhaul US antitrust law

In February, Sen. Amy Klobuchar, Chair of the Senate Antitrust Subcommittee, introduced the Competition and Antitrust Law Enforcement Reform Act of 2021 to "overhaul" U.S. antitrust law.

With relief in sight, eviction moratorium should end

It's been a hard year in the Golden State. Californians continue to mourn the loss of loved ones and struggle with unemployment, and some fear losing their businesses. But in recent weeks, with the increased rate of vaccinations and the decreased number of COVID-19 cases, recovery appears to be on the horizon.

Unemployment Insurance Fund is deep in debt

A single paragraph on Page 180 of Gov. Gavin Newsom's revised 2021-22 budget refers to one of the state government's most vexing dilemmas — an immense debt it owes to the federal government for support payments to millions of Californians who lost their jobs during the COVID-19 pandemic.

Broadband for all can revive post-pandemic economy

Securing continuous funding to invest in broadband infrastructure in poorly served communities will create jobs and provide economic opportunities.

Can California withstand a teacher retirement boom?

Earlier this year, the California State Teachers Retirement System issued an ominous statement: teacher retirements in California are projected to hit nearly record-breaking heights in 2021.

Interest rates on federal student loans will rise in July

Students attending college in the fall will pay higher interest rates than last year on money borrowed to finance their education.

The growing split over presuming irreparable harm in federal trade secret cases

Irreparable harm, although a necessary element of injunctive relief, can be difficult to pin down in unfair competition cases. Any brand owner would intuitively understand the competitive harm that could result from losing control of their reputation.

Granted clemency by Newsom but turned over to ICE. Why?

Last November, I was supposed to go home. I had served 17 years in prison for a crime I committed at age 20. I was granted clemency by Gov. Gavin Newsom on Nov. 10, 2020, because of the person I worked to become.

As California reopens, employers have duties to laid-off employees

As California is aiming to scrap the color-coded tier system that has restricted the operations of businesses by June 15, Gov. Gavin Newsom recently signed into law Senate Bill 93. SB 93 provides rights to certain workers that have been laid-off due to the COVID-19 pandemic, particularly employees in the hard-hit hospitality industry.

How to cut your costs at the gas pump | Personal Economy | By Ryan Onishi

Gas prices fell sharply at the beginning of the pandemic but have been rising steadily in recent months.

Newsom's housing adviser says 'start with yes'

Gov. Gavin Newsom has repeatedly made housing affordability a top priority of his administration. But getting a good read on his thinking can be difficult.

Beer: You know it when you taste it, or maybe not

Hard seltzer first hit the marketplace about five years ago and rapidly grew in popularity with sales exceeding $4.5 billion in 2020. Wanting to ride the wave of success, many companies have introduced hard seltzers into this now crowded space. But what is a hard seltzer?

Proposed ghost guns rule would leave room for state regulation

On May 7, the Justice Department released a proposed rule that adds teeth to President Joe Biden's promise to crack down on "ghost guns" — homemade firearms that lack serial numbers.

European trademark law unknowns settled in case against LA winery

Two unknowns of European trademark law were just answered in a case involving one of the oldest and largest wineries in Los Angeles, San Antonio Winery.

Ruling may give oil companies upper hand in climate change cases

A recent Supreme Court ruling may give oil companies an advantage when it comes to removing climate change lawsuits to federal court.

California needs to recognize racism as a public health crisis

The Declaration of Independence proclaims "We hold these truths to be self-evident, that all men are created equal," but despite our aspirations, all Americans do not enjoy equal opportunity.

Newsom paints rosy, but flawed, economic picture

There is a seamless connection between what Gavin Newsom is saying and doing as governor and his campaign to survive a recall, encapsulated in the slogan "California Comeback."

In the market for a 529 college savings plan? Shop around.

Special college-savings programs known as 529 plans, which have been around for more than two decades, have become cheaper and more flexible over the years. But families should still do some comparison shopping before choosing a plan, advisers say.

Can LA's lottery fairly distribute rent relief?

What might feel like luck of the draw to anxious renters is really a strategy by Los Angeles and cities across the country to attempt a fair and equitable distribution of $45 billion in federal money to tenants most at risk of eviction, even as states struggle to disperse funds fast enough and early assessments paint a messy picture of California's rollout.

Willing to help but nowhere to go: State's recruitment of COVID-19 volunteers fell short

Sascha Hughes-Caley was a little uncertain as she registered with a state website promising to connect volunteers with COVID-19 vaccination clinics that needed help. She had time to volunteer after being laid off from her educational technology job, but she was still caring for her toddler and wasn't sure she could handle a long shift.

College credit for playing video games? At some California campuses, yes

Growing up as the youngest child of four, Fernando Gomez would often pass the time by watching his two older brothers play the video games Metal Gear Solid and Final Fantasy while sitting cross-legged on his brother's bed.

Balance pain of drought on farmers and fishermen equitably

In the first week of May a young salmon boat captain struggled to keep his boat stable and fishing while getting bashed by an unruly spring wind storm near the San Mateo-Santa Cruz county line.

In the wake of CDC's error, we will need vaccine passports

Almost a week ago, the Centers for Disease Control and Prevention published a guidance on what vaccinated people can and cannot do.

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