San Jose Post Record
Thursday, October 28, 2021
GUEST COLUMNS

Thursday, October 28, 2021

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.
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.
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.

Wednesday, October 27, 2021

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

Tuesday, October 26, 2021

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.

Monday, October 25, 2021

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

Friday, October 22, 2021

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.
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.
Each day my team arrives at work wondering how many potential COVID cases we'll handle.
Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance.

Thursday, October 21, 2021

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.

Wednesday, October 20, 2021

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

Tuesday, October 19, 2021

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 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.
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.
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.

Monday, October 18, 2021

Last week, the Senate Judiciary Committee issued an interim staff report on the use of the DOJ by Donald Trump and his allies.
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.
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.
We need a dramatic shift in our efforts to curb wildfires in California.
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.
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.

Friday, October 15, 2021

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.
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 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.

Thursday, October 14, 2021

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

Wednesday, October 13, 2021

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.
Prop. 19 is making homeownership and passing along small family-owned businesses more difficult for Black communities.
AB 523 helps make community-based care options more effective in serving seniors where they need care.

Tuesday, October 12, 2021

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

Monday, October 11, 2021

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.
These three key strategies will help hatcheries deal with modern-day problems impacting salmon survival.
SB 535 would prohibit health care insurers that already cover biomarker testing from requiring prior authorization.
The Cal Grant program has not kept pace with the changing needs of students, while evolving into a complex patchwork of programs.
Waits for charter flights are longer, and costs higher, as many more of the rich seek to avoid crowded planes and airports.

Friday, October 8, 2021

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

Thursday, October 7, 2021

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.
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.
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.

Wednesday, October 6, 2021

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.
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.

Tuesday, October 5, 2021

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

Monday, October 4, 2021

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.
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.
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.
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.

Friday, October 1, 2021

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.
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.
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.
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.
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.

Thursday, September 30, 2021

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.
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.
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.

Wednesday, September 29, 2021

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.
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.
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.
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.
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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