Daily Cal - July 25, 2011

Page 1

debt: The national

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higher education

crime

Data show increasing safety on city streets DATA COMPARING 2010 and 2009 BURGLARY +9%

DATA COMPARING 2011 and 2010

ARSON +15%

PART I CRIME RATES SUMMER 2009 - 2011

By Allie Bidwell | Senior Staff abidwell@dailycal.org

bly sized cities in California. To combat Berkeley’s high crime rate, Meehan set a department goal of reducing property and violent crime by 10 percent every year, according to the Chief ’s Report in a June 2010 Police Review Commission meeting. Similarly, violent crimes on the UC Berkeley campus have been down the last six to eight weeks this summer, said UCPD spokesperson Lt. Marc DeCoulode. “In the summer months, crime is often down because there are less students on campus, meaning there is less of a target population,” DeCoulode said. According to DeCoulode, another factor this downward trend on and near the campus in the summer could be attributed to is a collaboration that started several months ago between UCPD and BPD. Under this collaboration, UCPD and BPD implemented a joint patrol system in the area

After the UC Board of Regents approved an additional 9.6 percent increase in student fees, the deans at both UCLA and UC Berkeley’s law schools announced last week that the schools will issue scholarships to each student to cover the increase. These emergency scholarships will award each student a total of $1,068 — the exact amount of the most recent fee increase. The board voted July 14 to increase student fees systemwide for the fall semester by 9.6 percent on top of an 8 percent increase they approved last November. The proposal to increase fees came after the UC was hit with an additional $150 million cut from the state in June, over and above a $500 million cut in March, bringing the total to $650 million. Rachel Moran, dean of the UCLA School of Law, announced Wednesday that law school students will receive a scholarship in the amount of the fee increase for the 2011-12 school year. Christopher Edley, dean of the UC Berkeley School of Law, also announced to law school students Thursday that they will receive scholarships to cover the increase for the coming year. “This increase is just too much, and it came too late,” Edley said in an email to students. “I am optimistic that these added financial aid costs can be offset by increased alumni donations as the economy recovers, and by continuing efforts to hold down less-than-essential expenses.” Edley said in the email that he is confident that fees at the law school will not need to increase faster than they do at other top-tier law schools.

statistics: PAGE 2

Scholarships: PAGE 2

Wook Lee/staff

LARCENY -12%

RAPE -42%

ROBBERY -14%

HOMICIDE -33%

AUTO THEFT -25%

AGG. ASSAULT -27%

PART I CRIME IN MAY 2011 -8.36%

PART I CRIME IN JUNE 2011 -3.23%

SOURCE: BERKELEY POLICE DEPARTMENT

By Jonathan Tam | Staff jtam@dailycal.org Over the past few years, Berkeley streets have become increasingly safe to walk on during the summer. Since 2009, Part I crimes — which include both violent crimes such as homicide, rape and aggravated assault and property crimes — in Berkeley have had an overall decreasing trend in the summer months of May and June, according to information provided by Berkeley police Sgt. Mary Kusmiss. Data for the rest of this summer have yet to be determined. In comparing June 2009 and June 2010, Part I crimes have decreased by 21.55 percent and another 3.23 percent in June 2011, according to the data. However, the exact cause of such a downward trend is often difficult to pinpoint, Kusmiss said in an email.

“There are times in which Crime Analysts, Leaders of police departments, criminology or social anthropologists (to name a few) can assert theories as to what accounts for certain crime trends,” she said in the email. “Sometimes there are direct impacts — while at other times, it is a challenge to determine a viable explanation for a trend.” Councilmember Darryl Moore said he attributes this decrease in Part I crimes to the Berkeley Police Department’s perseverance to reduce crime, specifically under Berkeley police Chief Michael Meehan, who was appointed in December 2009. “I think Berkeley has done a tremendous job with providing public safety throughout the city, and this is just a product of their hard work,” Moore said. “(Meehan) did promise to reduce crime by 10 percent, and he has been very true to that goal.” When Meehan was sworn in as the new police chief in January 2010, he said the Berkeley crime rate for violent and property crimes was 50 percent higher than the average of compara-

medical marijuana

Commission plans to develop guidelines By J.D. Morris | Senior Staff jmorris@dailycal.org At the oft-delayed first meeting of the city’s reconstituted Medical Cannabis Commission Thursday, commission members made it clear they plan to develop guidelines for local medical marijuana policies in the interest of cannabis patients, despite unfavorable signals regarding marijuana from the federal government. The commission is charged with establishing a recommended process for implementing Measure T — a ballot initiative approved by Berkeley voters last November that allows for the creation of seven new “cannabusinesses” as well as the reform of the commission itself. For months, the commission’s first meeting has been pushed back as it waited for all nine members to be appointed. Recently, a strongly worded U.S. Department of Justice letter, coupled with a decision from the Drug Enforcement Agency, has hardened

Some UC law schools to issue scholarships to cover fee hike

the federal stance against marijuana. But commission chair Dan Rush, speaking in his personal capacity and not on behalf of the commission, said he does not see a conflict with the commission because it serves to educate and guide the Berkeley City Council on medical cannabis policies — the commission itself is not a legislative body. Rather, Rush said his goal is to move toward a “patient-safe industry that is controlled, taxed and regulated.” “The number-one component of all of it is safe patient access,” Rush said. “That’s the whole goal — to arrive at safe patient access in a safe, dignified, sincere and compliant industry for the city of Berkeley.” The June 29 department memo, addressed to U.S. Attorneys, warned that those who are “in the business” of cultivation, sale or distribution of marijuana violate the Controlled Substances Act, “regardless of state law.” Furthermore, in a decision announced July 8, the DEA ruled that

marijuana has no accepted medical use and must remain classified as a highly dangerous drug like heroin, despite numerous studies attesting to the medical benefits of cannabis. Most recently, patients’ advocacy group Americans for Safe Access, with the Coalition for Rescheduling Cannabis — an association of medical marijuana patients, public interest groups and other supporters — appealed that decision July 21. “We don’t know what the memo means,” said Councilmember Jesse Arreguin. “It raises a concern that we should keep in the back of our mind, but it doesn’t mean we should stop everything ... the situation is still in flux.” At the meeting, the commission identified several key areas it plans to focus on. Among those are dispensaries, cultivation of medical marijuana, processing — which encompasses other forms of cannabis consumption outside of smoking, including edibles and topical lotions — and the creation of committees to

commission: PAGE 3

Fighting world thirst

Amir moghtaderi/staff

Martin L. Perl, recipient of the 1995 Nobel Prize in physics, speaks at the Townes and Tagore Annual Seminar on Saturday. The seminar’s focus was the global water crisis.


2

News The Daily Californian

Monday, July 25, 2011 – Wednesday, July 27, 2011

Online coverage 24/7

Dailycal.org Online Exclusives Video: Nobel laureate speaks about water crisis

Video: Berkeley artists color Telegraph

courts

Campus student begins trial proceedings By True Shields | Staff tshields@dailycal.org After nearly eight months of conferences and negotiations with district authorities, UC Berkeley student Eric-Michael Wilson, who faces misdemeanor charges for his involvement in protests during the November 2010 University of California Board of Regents meeting, began formal trial proceedings Friday. Wilson faces one count of assaulting an officer, two counts of resisting or obstructing an officer and one count of attempted riot — all misdemeanors — and will begin court proceedings at the San Francisco County Superior Court within the next few weeks after attending last week’s trial readiness hearing.

On Nov. 17, 2010, at the regents’ meeting, Wilson was arrested and cited with misdemeanor counts of rout — the attempt to incite riot — and resisting, obstructing or delaying a peace officer. He was released the same day. In addition, the campus Center for Student Conduct and Community Standards brought several student conduct violations against him. According to a Dec. 9, 2010, charging document provided by Mir Kamran Meyer, a lawyer who represents Wilson, the student was cited not only for the two previous counts but also a felony charge for battery of a police officer and an additional misdemeanor charge for resisting a peace officer. According to Wilson, he only learned of his additional charges days later, on

Dec. 14, 2010. Following a preliminary investigation, the court found that there lacked sufficient evidence to pursue Wilson for the felony violation, and the charge was reduced to a misdemeanor. The remaining four misdemeanor counts will fall at trial. According to Meyer, despite a slew of pretrial conferences scheduled throughout last semester with the intention of reaching a compromise with the district attorney’s office, negotiations with the state have been fruitless. “The district attorney is not interested in compromising on this matter at all, and we are proceeding toward a trial,” he said. “The government has been exceedingly unresponsive to us,

Wilson: PAGE 6

statistics: Some attribute fall to capture of perpetrators From front south of the campus, specifically focusing on Telegraph Avenue, DeCoulode said. When walking around the city, being aware of one’s surroundings can help avoid being the subject of crime at any point during the year, DeCoulode said.

“The biggest thing, especially when students are out in groups and walking around, is to be paying close attention to your surroundings,” he said. Overall, Councilmember Susan Wengraf said she would attribute the city’s downward trend in Part I crimes

to the police department’s success in catching the perpetrators of crime. She added that she hoped the trend would continue. “When you come to Berkeley and commit a crime, you are going to get caught,” Wengraf said.

Scholarships: Campus dean says cost will remain competitive From front

“Seussical” falls short of expectations The last time “Seussical the Musical” was performed in the Berkeley Playhouse, Teala Volkamer (Cindy Michoo Who) viewed the performance from a seat next to her parents in the audience. This time, the teenage Volkamer joined a cast that ranged from toddlers to adults and took the stage proving, in the words of Horton the Elephant, that an actor is an actor “no matter how

small.” “Seussical” opened on Saturday, July 9th and will be playing through Sunday, August 14th. The musical by Lynn Ahrens and Stephen Flaherty features a conglomerate of Dr. Seuss’s stories with special influence from “Horton Hears a Who!” If you seek a dose of childhood nostalgia, this is the musical for you. ...

On the blogs The Daily Clog

He added that tuition next year for the school will be comparable to those of the University of Michigan and the University of Virginia and below that of “many of our private competitors.” “This state’s retreat has been most acute at the professional schools,” he said in the email. “Bitter though this pill is for us to swallow, it does have one benefit: although we have less remaining state subsidy, we have more financial flexibility and more autonomy than do other academic units within the UC system.” Though in the email Edley said he cannot make guarantees regarding future tuition levels, he vowed that the school would maintain its reputation regardless. “Berkeley Law will remain a financially-competitive, intellectually-luminous, professionally cutting-edge, culturally-superior, and all around fabulous law school community in the decades to come,” he said in the email. “Count on it.” Allie Bidwell is the news editor.

Allyse Bacharach/senior staff

Despite fee hikes, UC Berkeley and UCLA law students will pay the same as Boalt graduates Joe Rose and Sara Giardina, seen here studying for the bar exam, due to scholarships.

BERKELEY PERSONALITIES: Check out the Clog’s first installment of its newest special, which features an interview with Diana Li, Internet troll extraordinaire.

News Blog CRIME BLOTTER: Last week’s local crimes included, but were not limited to, several successful pedestrian armed robberies, an attempted one and an assault with a deadly weapon.

Sports Blog BEARS BREAKING OUT: Prepare to hear the last name “Saponjic” over and over when the Cal men’s water polo team scores in 2011.

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This publication is not an official publication of the University of California, but is published by an independent corporation using the name The Daily Californian pursuant to a license granted by the Regents of the University of California. Advertisements appearing in The Daily Californian reflect the views of the advertisers only. They are not an expression of editorial opinion or of the views of the staff. Opinions expressed in The Daily Californian by editors or columnists regarding candidates for political office or legislation are those of the editors or columnists, and are not those of the Independent Berkeley Student Publishing Co., Inc. Unsigned editorials are the collective opinion of the Senior Editorial Board. Reproduction in any form, whether in whole or in part, without written permission from the editor, is strictly prohibited. Copyright 2011. All rights reserved. Published Monday through Friday by The Independent Berkeley Student Publishing Co., Inc. The nonprofit IBSPC serves to support an editorially independent newsroom run by UC Berkeley students.

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The Daily Californian OPINION & News

Monday, July 25, 2011 – Wednesday, July 27, 2011

3

Student Life

SEX on monday

Explore the next big thing Class seeks to help spouses adjust to life in the US

T

wenty years ago, the rising rates of oral sex were marveled at by the researchers. Now, if you hit 29 and haven’t participated in some kind of oral sex, you would be as common as someone without a cell phone. Since oral, something previously thought of as dirty and subversive, has become mainstream, we are looking for the next big thing. Enter anal, the new oral sex. A whopping 45 percent of women aged 25-29 have had anal sex, and 21 percent had it in the last year. 20 percent of women aged 18-19 have tried anal, and 39.9 percent of women 20-24. Even the number of men participating in anal has gone up, with 10.8 percent of men aged 20-24 receiving anal, 5.2 percent in the last year. Men engaging in heterosexual anal play wasn’t even mentioned, despite anecdotal evidence saying that it is on the rise. Welcome to college, the time of anal exploration. But before you head out and jump on that bandwagon, put a little time into research. Unlike vaginal sex, anal takes a little more prep and a lot more caution. With proper care, anal is fun and safe. Without it, bad things happen. The number one thing to consider with anal is lube. Unlike the vagina, which is self-lubricating, any time you engage in anal play you need to slick up to prevent damage. When shopping, look for something thick and goopy. The thinner lubes are great for helping a toy slip into a vagina, but they dissipate too quickly for use during anal play. You need something that is going to continue to provide good lubrication and not dry out too quickly. The thicker lubes help keep things gliding smoothly. Most importantly, never get one with a numbing agent. Lubes that have the word anal in their names may seem like the perfect choice, but more likely than not they are designed to numb. Anything that reduces sensation takes away from the point of sex in the first place: enjoyment. Stick with regular lube. It’s sexier and it’s safer. How much lube you need depends on what kind of anal play you are participating in. A single finger doesn’t need much, and neither do smaller toys. If you are going for fullon anal intercourse, a good coating of lube and then a little more should be the standard. Too much is better than not enough. f you are using toys, make sure that they have a flared base to keep them from slipping into the rectum. Otherwise, you may end up with a very embarrassing ER trip. Also remember that if a toy, or anything else, has been up a butt, it should never be inserted into the vagina.

I

By Sarah Rosen | Staff srosen@dailycal.org

Erica Chase sex@dailycal.org Porn is not real life, and that is especially true in regard to anal sex. I literally cringe at the thought of some of what they do in anal porn just because of how ridiculously unsanitary it is. Double dipping, ass to mouth, unprotected rimming and all kinds of other things show up in porn that can lead to infections if you try it at home. Bacteria live in the rectum that can wreak havoc if introduced into the mouth or vagina. The same bacteria also cause UTIs. Going bareback when trying anal can make a guy intimately acquainted with why a girl should always pee after sex. UTIs are not fun, and a condom can easily prevent them. nce you have all the safety measures in line, including condoms for all toys and penises being used, and possibly gloves if you are using fingers, it is time to actually start. Go slow and warm up first. Make sure that everyone is very turned on before you start playing with penetration. Relaxation is the key to anal. The paradox is that if you think anal will hurt, it probably will because everything tenses up. Relaxation allows the muscles to stretch and accommodate. Make sure that you keep breathing, and concentrate on keeping everything relaxed and open. You can even push out a little during penetration to facilitate it. If anything hurts, stop immediately. This is why numbing lube can be so bad. It may mask the results of tensing up, but it doesn’t stop any damage that could be caused by forcing open tight muscles. If something hurts, back off and work your way back up, keeping everything relaxed and sexy. Nothing good comes of forcing the issue. Exploration should be fun. Even if almost half of women have tried anal, only half of women who’ve tried are doing it with any frequency. Anal may not be for everyone, but lack of care and preparation should never be the deciding factor. A little care and a lot of communication, and maybe anal will turn out to be as popular as oral sex is now. And maybe, in another 20 years, hetero anal sex will be passe, and there will be a column about how men are discovering the pleasures of the prostate.

O

A new class at UC Berkeley seeks to help spouses of international students, postdoctoral scholars and researchers more easily transition into American life. The class, called “Creating a Fulfilling Life in America,” came to campus in May and aids expatriate spouses as they transition to living in the United States. Furthermore, the class seeks to help spouses rebuild their sense of identity in this country, according to Yvonne Lefort, a career counselor and instructor for the course. The 90-minute class is six weeks long and covers everything from managing culture shock and stress to creating a social life. According to Lefort, inspiration for the class came last fall after she thought about how a program on campus could be helpful in supporting expatriate spouses. “I think that the most helpful thing for spouses is to know that they are not alone — that the problems they face after coming to the United States are shared by other people in the same situation,” Lefort said in an email. Explaining that the class also benefits the person working on campus, Lefort added that when the spouse is

happy, a lot of pressure is taken off the worker, who can then concentrate on work without worrying about the family. Lefort said she is hopeful that the course will be offered this fall and that it will expand so that someday there will be an international center for families on campus, but that it is not her decision. The decision to continue is left to Sam Castaneda, director of Visiting Scholar and Postdoctoral Affairs. Aside from this class on campus, other groups in the area have been created to help the contingency of expatriate spouses. German expatriate spouse Dorothee Constanze Unger-Lee founded the international spouses group Berkeley Wives just after leaving Germany in March of 2011 with her husband — a doctoral student of history on campus. The group is composed of spouses of UC Berkeley employees and students. “(I) was looking for a spouse program or club for foreign wives who are accompanying their significant others studying or researching at UC Berkeley,” Unger-Lee said in an email. “During my search, I got in touch with the Stanford Wives who run a cool blog about life as a wife moving to the Bay Area. Unfortunately, I could not find such a website, club or program at UC Berkeley.” After receiving a great amount

of support for her idea to start the group, she founded Berkeley Wives, following the Stanford Wives example. She said in the email that several of the people who attend the group’s monthly “Happy Hour” have taken Lefort’s class. “Starting your life over in a new place is hard,” Unger-Lee said in the email. “You have to find your way around a new town, make new friends, find a job — when you are authorized to work — or find something to do, if you are not authorized to work. Many women feel isolated and find it challenging to create a new social life. This is where the Berkeley Wives kick in.” Berkeley Wives member Gabriela Garcia-Escobar took Lefort’s class after moving from Chile last July with her husband, who is studying for his masters degree in information management and systems at UC Berkeley. Garcia-Escobar said in an email that the class helped her realize that feelings of isolation and loneliness are normal. “Attending the class made me feel more confident with my self, not feeling sad or insecure about all the mix of emotions that I was feeling,” she said in the email. “(Since joining Berkeley Wives,) I have more independence from my husband, I have my own social life, activities and circle of friends.”

commission: Foci include city’s coming fourth dispensary From Front address specific topics, such as compliance with local ordinances and state and federal law. In general, Rush said he would like to see the commission move toward creating a “compliant, healthy, dignified and sincere” medical cannabis industry that generates tax revenue, jobs and safe patient access for the city. “The cannabis industry doesn’t have to be divisive and antagonistic or operate in the shadows or be the subject of constant drama and implication,” he said. The nine-member commission will have to determine guidelines for licensing a fourth dispensary as well as six new cultivation centers — each of which are capped at 30,000 square feet — allowed for in the measure. “(The fourth dispensary) should be more like a cooperative,” said Councilmember Gordon Wozniak. “It should avoid growing and selling. Otherwise it would be a ... monopoly.” As the commission moves forward, Councilmember Kriss Worthington said he hopes it is able to make progress on the issues within a reasonable time frame.

Anna Vignet/senior staff

A man walks by the Berkeley Patients Care Collective, one of the city’s three dispensaries. “I’m hopeful,” he said. “I think there’s some very talented people on the commission ... I think all of them really care, and I hope all of them will work together to put together some

very practical proposals.” Noah Kulwin of The Daily Californian contributed to this report. J.D. Morris is an assistant news editor.

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Opinion

For some of these people, these are like an anchor in their day — their life revolves around this help provided in the senior centers.”

Monday, July 25, 2011 – Wednesday, July 27, 2011

EDITORIALS

—Ed Gold, chair of the city’s Commission on Aging

op-ed

A legislative distraction Undocumented students should stand up Leland Yee’s bill on UC executive pay incorrectly shifts the focus of student anger from the state to the regents.

A

cross the University of California, students are being asked to tighten their belts and share in financial sacrifice. California’s budgetary crisis has taken its toll, leaving the UC Board of Regents with a shrinking pool of resources. While executive pay is a contentious point, there are times when raises are crucial in order to uphold the university’s quality. State Senator Leland Yee, D-San Francisco, announced July 18 that he plans to introduce a bill that would limit UC and CSU executive pay by prohibiting pay increases for the systems’ top administrators in years that the universities’ state funding does not increase. Though we supported Yee’s similar bill, SB 217, in the past, rehashing this issue shifts the focus of the financial crisis incorrectly toward the regents. As state funding continues to decline, duties of top university officials are being consolidated. It is unrealistic to expect them to take on more responsibilities without additional compensation, and consolidation often saves money because it is cheaper to raise the salaries of a few executives than to continue employing multiple staffers. We also cannot ignore market forces that would send top-performing administrators to more

lucrative jobs. While pay increases that simultaneously occur with fee increases might look bad publicly, they are sometimes necessary to secure the talent needed to preserve this institution’s flagship status. It is also important to understand the details of executive pay increases. According to UC spokesperson Steve Montiel, out of $271,100 in pay increases approved for three UC officials at the July regents’ meeting, only $47,440 came from the state. Ideally none of these increases would come from state funds, reality dictates otherwise, and the portion of funding is low enough that it is negligible. But we also understand that executive pay raises should be subjected to public scrutiny. Students deserve to know why top executives are receiving raises, especially while students face rising fees. Students must not let anger over fee increases result in them blindly pointing fingers at all those in charge; they must remember that the fiscal crisis is a result of the state’s disinvestment. In the past, Yee has been a strong ally of students. We hope he will focus his efforts toward encouraging reinvestment in higher education —the kind of leadership students so desperately need in Sacramento.

Fixing politics CITY AFFAIRS A student supermajority district would recreate the same type of disenfranchisement that its proponents decry.

T

hough a majority of UC Berkeley students live in the areas surrounding the campus, there is currently no student super-majority city council district. While many have called for such a district — most notably ASUC External Affairs Vice President Joey Freeman — its creation would simply be gerrymandering. Creating a district for a specific political purpose does not broaden representation, but instead undermines other constituencies. As residents of Berkeley, many students can already vote for city council representatives in standard elections. Our voices can be heard through the ballot box, but only if we actively participate. Voting and remaining aware is crucial to ensure that student interests are represented on the city council through the democratic process. Gerrymandering a student supermajority with the aim of always having a student on the city council circumvents democracy. Though students are spread-out across four districts, the creation of a student super-majority district would effectively disenfranchise non-student residents in such a district. There are also legal obstacles that such a move would encounter.

Creating this new district would require more than a simple redistricting proposal; it would require amending the city’s charter through a ballot initiative in November 2012, more than a year away. Working to establish such a district is a waste of time and energy that could be directed elsewhere, such as working with council members to more directly engage the student population of Berkeley. Students and residents who feel strongly about this issue can pursue creating more fair districts through pre-established guidelines. The deadline to submit redistricting proposals has already been extended from Sept. 16 to Sept. 30. Those who are serious about redistricting should work within this time frame and come up with a plan that does not compromise the spirit of fair representation. While students certainly have unique interests and demands, a super-majority district would grant too much political weight to a dynamic and constantly changing demographic. For real change to be achieved, student leaders should work with the city council to create broader representation without compromising the democratic process.

Ju Hong Special to the Daily Cal opinion@dailycal.org My name is Ju Hong, and I am undocumented and unafraid. On Tuesday, July 12, six other undocumented students and I conducted an act of civil disobedience to empower young undocumented immigrant youth and to protest the inhuman treatment of immigrants. We sat in the street near San Bernardino Valley College and submitted to arrest. We were taken to jail, and we are now being threatened with deportation. This is one of the first times in California where undocumented youths have participated in non-violent acts of civil disobedience. We chose to protest in San Bernardino County because organizations like the National Socialist Party and the Minutemen and antiimmigrant legislators have been terrorizing the immigrant communities. In San Bernardino, a 17-year-old student was arrested and deported simply because he was riding his bike without the headlights on. Another student was arrested and deported because he was playing basketball on campus late at night. Where is the justice? Why are so many talented immigrant youths being targeted? After our arrest, we were held in jail for almost 12 hours. All seven of us were confined to a single cell room with one toilet, one roll of toilet paper and two long wooden benches. It was very cold. One of the youngest participants, 19-year-old student Jorge Herrera, led the unity clap inside the cell. With our

eyes closed, everyone followed by the rhythm of the clap. I shouted, “Isang Bagsak!” a Filipino unity cry, “one down, one fall!” — meaning we must stand together and fight for justice. Even in jail, the room was filled with energy and strong determination.

Editorial Cartoon

By Nikki Dance

Jaime Chong/staff

STATE ISSUES

Several hours later, an Immigration and Customs Enforcement (ICE) officer came to our cell to interrogate us. The ICE agent looked directly at me and said, “I will not detain you today, but I will detain you soon.”

Students: PAGE 5

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This publication is not an official publication of the University of California, but is published by an independent corporation using the name The Daily Californian pursuant to a license granted by the Regents of the University of California. Advertisements appearing in The Daily Californian reflect the views of the advertisers only. They are not an expression of editorial opinion or of the views of the staff. Opinions expressed in The Daily Californian by editors or columnists regarding candidates for political office or legislation are those of the editors or columnists, and are not those of the Independent Berkeley Student Publishing Co., Inc. Unsigned editorials are the collective opinion of the Senior Editorial Board. Reproduction in any form, whether in whole or in part, without written permission from the editor, is strictly prohibited. Copyright 2011. All rights reserved.

Berkeley’s Independent Student Press — Celebrating 140 years

Senior Editorial Board Tomer Ovadia, Editor in Chief and President Matthew Putzulu, Managing Editor Allie Bidwell, News Editor Cynthia Kang, Arts & Entertainment Editor Nikki Dance, Design Editor Gopal Lalchandani, Night Editor Andrew Davis, Opinion Page Editor Diana Newby, Blog Editor Kelly Fang, Multimedia Editor Anna Vignet, Photo Editor Ed Yevelev, Sports Editor


The Daily Californian Opinion

Monday, July 25, 2011 – Wednesday, July 27, 2011

op-ed

letter to the editor

Students deserve to be represented on City Council

ole Nic

Joey Freeman Shahryar Abbasi Special to the Daily Cal opinion@dailycal.org This year, Californians have a lot on their plate. Zooming in on the map just a bit more, though, highlights a city with a hefty agenda of its own. The release of the 2010 census presents Berkeley with a revolutionary opportunity that comes along only once every ten years: redrawing its district boundaries and achieving even greater representation for Cal students. After each census, districts must be adjusted in accordance with population changes. Ten years ago, minor shifts to the map were made which brought about minimal change. However, many in Berkeley claimed the process was finished in haste and deliberately organized to curb the voice of specific constituencies. The voters learned from these failed opportunities and approved an amendment to the City Charter, ensuring redistricting proposals would be properly considered and deliberated, and set the redistricting completion date as December 2013. Many have argued, and rightfully so, that this affords all interest groups ample time to present a high-quality proposal. Sadly, it appears as if history may be repeating itself. The Council is attempting to fast track the process and finish the new boundaries in time for the 2012 election. While this may be beneficial for some, it silences the voices of thousands more. As students, we stand at the precipice of a monumental moment in history. Currently, the voices of 36,000 UC Berkeley students — also Berkeley residents — are effectively disenfranchised. Students in Berkeley have been the victims of a strategic political apportionment process; whereby students have been spread across four districts, inhibiting our collective voice.

As the group that makes up over 25 percent of Berkeley’s population, we have every right to express our interests within the city’s political process. We now have the opportunity to correct this wrong, create a student super-majority district and elect a student to the City Council. However, just as in the past, strong oppositional forces are arising to silence the outspoken voices of students. Any member of the public can submit a redistricting proposal to be considered by the City Council. While we appreciate the Council’s extension of the deadline to Sept. 30, it still remains difficult to introduce a comprehensive proposal that adequately addresses the dynamic needs of the city. Some argue that pushing the deadline further to our recommended date of Nov. 1 would prevent staff from meeting Alameda County’s reporting deadline of April 2012 to utilize the new districts in the November 2012 election. What we find interesting is the entire reason voters gave the city until December 2013 to finish redistricting was to avoid a rushed process and ensure all parties’ voices are heard. Our opposition tells us that with the December 2013 deadline, a handful of Berkeley citizens will be unable to vote because their Councilmembers won’t be up for election in 2012 — and after redistricting, their new representatives might not be up for election until 2016. We have heard that this constitutes disenfranchisement of 4,000 individuals. The facts beg to differ. The term “disenfranchise” insinuates “the deprivation of certain rights.” These individuals are not losing a right to vote in any way, shape or form. All of them will still be able to cast a ballot — some just might not have a Councilmember running for election in that cycle. Moreover, a deeper analysis of these figures reveals an extreme flaw. City statistics show that participation in elections for the City Council wavers around 50 percent, decreasing the number who some argue are at risk to 1,000 to 2,000. Given that most of these are not students, and some are shown to not even engage in the political

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process, it is an injustice to equate this small number with the likes of 35,000 students who would be deprived entirely of the chance to be adequately represented. Given that many of these same individuals may be forced to vote twice within two years, the argument should be nullified. As student leaders, our foremost responsibility is to fight for increased representation for the student body at all levels of government. We therefore urge the City Council to extend the deadline — to an October date at the very least — to give students enough time to develop a comprehensive proposal. An overwhelming 78 percent of voters spoke loudly at the ballot box and approved an amendment to extend the final date for redistricting to December 2013. It is unfair to disregard the will of those voters, coupled with the disenfranchisement of some 35,000 students, simply because of one Councilmember’s unverified claims. Those opposed to this plan make the case that come November 2012 voters could vote both for City Council based on the new boundaries and a charter amendment. However, it is imperative that redistricting only occurs once. It makes no sense to force the city to repeat the countless time and resources they would have already put in to complete redistricting the first time. This process must be comprehensive, all-inclusive and done right. That’s why it is critical for students to collectively compel the City Council to keep pushing for a deadline extension. It is no longer a matter of student votes being counted. It is now a matter of student voices being heard. A numerical figure cannot, should not and will not upstage an audacious desire to bring change to Berkeley. The change must start from the bottom up and it must start with us. Just like the lines on Berkeley’s map, we must redraw and rethink the status-quo so we can truly make a difference. Joey Freeman is the ASUC EAVP and Shahryar

Abbasi is an ASUC senator for the 2011-2012 academic year.

op-ed

Republicans may have forfeited debt debate for the presidency Brit Moller Special to the Daily Cal opinion@dailycal.org To some degree, we all share the intuition that we should seek balance and avoid extremes in our lives. Aristotle aptly called this the eternal quest for the “golden mean.” Today, the fight over how to resolve the debt and deficit problem relates precisely to this point. Thus far the debate has been rhetorically framed by the following question: should we seek an extreme or a balanced approach? In concrete terms, the central point of contention is whether there should be a reasonable ratio of three to one in spending cuts to tax increases, or simply draconian cuts without any revenue enhancements? Interestingly, while few were paying attention to the language, Republicans have voluntarily ceded what are undoubtedly skewed terms. With the debate having been shrewdly framed by Democrats as a choice between a moderate and a radical solution, analogous to that of a grown-up and child, one would rightly expect Republicans to reject this premise. That is, deny that their

5

solution is radical, as they have clearly been placed in a disadvantaged position. Mysteriously, however, this has not occurred. One could argue that the reluctance by Republicans to deny out of hand the notion that their solution is truly “radical,” in turn, reveals something crucial about the party’s current constituency. Namely, that it is lead by extremists, or those on the fringe who demand radical solutions to today’s problems. But this line of thought represents just mere speculation. What if there was a subtler ploy here? Specifically, could the Republican partly have, without anyone noticing, written off the debt debate as a loss? By accepting the characterization as radicals, a description not typically sought in national politics, perhaps their bizarre behavior relates to their primary objective: the presidency. Going out on the limb here, it is possible that Republicans intend to propose that we have gotten so far off course that moderate, time-tested solutions will no longer do. In other words, they could seek to frame the upcoming 2012 election as one of those rare moments in history where only the party who is willing to offer up extreme solutions can success-

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fully turn things around and get the economy moving again. With this odd thought in mind, Republican behavior in the debt-ceiling negotiations starts to make more sense: later on they can point back and say, “See, we tried to do something radical, but President Obama simply refused.” If true, then the Democrats may have won only a pyrrhic victory in the debt debate. The gamble Republicans would be making is that our ordinary intuition towards balance does not apply in 2012. The basic rationale here being that the slow economic recovery and high level of unemployment both merits and demands a uniquely radical solution. Alas, the famous proverb “desperate times call for desperate measures” ought to ring a bell. With both parties having placed their bets, the stage has been set for 2012 as a sharp contrast between the status quo (the current administration) and the extreme (the Republican party). There is an aphorism that winning the battle is not the same as winning the war. Having seemingly come out ahead on the debtceiling debate, the key question is whether Democrats can win both. Brit Moller is a UC Berkeley alumnus.

Gilbert wrong about why contract with SEIU Local 1021 is bad Regarding Barbara Gilbert’s outrageous article, “Contract approval with SEIU Local 1021 was a bad decision” (July 20): Actually, the city got a remarkably good deal: a labor contract that (1) does not include a cost of living increase for the workers; (2) provides a two-tier retirement system and (3) generates at least $1,200,000 in savings for the length of the contract. These are inflationary times, and this contract will make it harder for lower grade civil servants to pay the rent and feed their families. The two-tier retirement system is just as bad as the 401K fraud perpetrated on private sector workers. Like them, civil servants will face a poorer old age. The $400,000 in savings Gilbert mentions ($1,200,000 over three years) is not strictly speaking part of the contract. It is actually retirement money the city does not have to pay because CALPERS is now more than 70 percent funded (well above the national average). — Phil McArdle Berkeley resident

Students: Obama

should stop the deportation of talented youth

From Page 4 In reality, the ICE agent has the authority to deport us, to separate us from our family and friends and to send us to a country that is foreign to us. ICE was notified because of the “secure communities” program that allows local law enforcement to share information with ICE to initiate deportation proceedings. This is an unjust program because it leaves immigrant communities vulnerable and distrustful of the police. A year ago, my family’s home was burglarized. The door was broken into pieces, the windows were completely shattered and our valuable belongings were gone. All of my family was terrified. My immediate reaction was to call the police, but my mother stopped me, “Ju, do not call the police,” she said. “What if you get deported?” Like many other undocumented immigrants, I was living in the shadows and living in a constant fear of deportation. However, I have decided to stand up and fight back. I am sick and tired of remaining silent. Today, I am proclaiming to the world that I am undocumented and unafraid. In the next couple of weeks, I will find out if ICE will start removal proceedings on our cases. If ICE decides to put me in deportation proceedings, I will take full action and I will fight until I regain my basic human rights. I risked my life because I wanted to empower other young undocumented youths. In particular, I strongly encourage my fellow Asian American undocumented youths to take the next step and come out of the shadows. Start sharing your personal story to your friends, your relatives, your counselors and your communities. This is the only way we can empower our communities and fix our broken immigration system. I risked my life because I wanted to show this is not only a Latino issue; in fact, this is a human rights issue. I hope we can stand united as a movement and not let divisions hurt our work. We are calling on President Barack Obama to stop the deportation of all undocumented students throughout the country. Please join us. This is our home, this is our country, and we want to contribute to make this nation a better place. You can make our dreams come true. Thank you. Ju Hong is an ASUC senator for the 2011-2012 academic year.

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The Daily Californian is a fully The Daily Californian is aadjudicated fully adjudicated The Daily Californian is a fully adjudicated newspaper in Alameda County. newspaper in Alameda County. newspaper in Alameda County. Contact the legals department: Contact the legals department: Contact the legals department: call: 510-548-8300 call: 510-548-8300 call: 510-548-8300 legals@dailycal.org legals@dailycal.org legals@dailycal.org


News & Legals The Daily Californian 6;460;B 2><82B ?DII;4B Ma^ =Zber <Zeb_hkgbZg

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campus figures

crime blotter

Openly gay Boalt alumnus nominated for federal judgeship

The following is a sample of crime in Berkeley this week, provided by the Berkeley Police Department.

than — were confirmed earlier this month. However, the nomination of Obama’s third openly gay nominee, Edward DuMont, has been stalled in the Senate Judiciary Committee. Laurie Levenson, a professor of law at Loyola Law School, who has known Fitzgerald on a professional basis since the late 1980s and also worked with him as a federal prosecutor, said she doesn’t think Fitzgerald’s sexual orientation is relevant in determining his qualifications for the judgeship. “I think he is the best candidate, not just the best gay candidate,� she said. “He is a bit of trailblazer (and) ground-breaker ... I applaud him. I applaud the public attitude to accept people with who they are. He is not going to rule on cases because he is gay. He is going to rule on cases because it’s the law.� Amruta Trivedi covers academics and administration.

Pedestrian armed robbery — 2600 block of Telegraph Avenue Two women were in the 2600 block of Telegraph Avenue when they were victims of an armed robbery July 17 between about 10:30 p.m. and 10:40 p.m. They told the BPD officer that a male suspect walked up to them, pointed a handgun and demanded cash. ...

Nora Manella, an associate justice people of California with distinction on the California Court of Appeal, 2nd on the District Court bench.� After graduating from the law Appellate District, supervised Fitzgerschool in 1985, Fitzgerald served as a ald’s appellate work while he was fedfederal prosecutor in Los Angeles from eral prosecutor and said Fitzgerald A UC Berkeley School of Law alum1988 to 1991. Since 1998 he has been a has “the patience to make an excellent nusIhlm rhnk :eZf^]Z <hngmr E^`Zel pbma nl' was nominated by President Barack ?7>=4) .*)&.-1&1,)) 50G) .*)&1-2&+1), 4<08;)e^`Zel9]Zber\Ze'hk` federal judge.� named partner at the law firm Corbin, Obama for a federal judgeship in Los Fitzgerald & Athey LLP, where he “I was able to see his written work, Angeles on July 20, making him the first handles civil and criminal litigation in evaluate his skills as a lawyer and get to openly gay nominee to the federal court both federal and state courts. know him personally through discusin California and Obama’s fourth openly Fitzgerald was recommended to sions,� she said. “He is very persistent.� gay nominee to federal court in his term. Obama by Sen. Barbara Boxer, D-CaWhile Fitzgerald’s nomination Obama nominated Michael lif., who said in a statement his “sharp has the possibility of being blocked, Fitzgerald, an attorney and campus intellect, record of public service and a congressional source familiar with law school alum, to the U.S. District broad legal experience will be a real the process said Fitzgerald’s confirmaCourt, Central District of California, asset on the federal bench.� tion should not be an issue due to his after an interview and vetting process According to Zachary Coile, com- broad legal experience. by a bipartisan advisory committee. If munications director for Boxer, If confirmed, Fitzgerald would confirmed, Fitzgerald would replace Fitzgerald will begin confirmation be the first openly gay judge to sit senior judge Howard Matz. hearings with the Senate Judiciary on a federal bench in the state and “His impressive career stands as a Committee in the fall. Obama’s fourth gay nominee to the testament to his formidable intellect Fitzgerald said he is not able to federal courts. and integrity,� Obama said in a state- comment on his nomination before Two of Obama’s openly gay nominees — Paul Oetken and Alison Nament. “I am confident he will serve the the hearings begin.

By Amruta Trivedi | Staff atrivedi@dailycal.org

wilson: Trial could continue for weeks, according to defendant’s lawyer From Page 2 and in terms of actual negotiation, there hasn’t been any.� The district attorney’s office was not able to give a response as of press time. According to Meyer, the trial proceedings could take weeks depending on the number of witnesses the district attorney’s office produces for examination. Due to the proximity of Wilson’s

trial, Meyer declined to comment on the details of previous hearings or the nature of the evidence presented against Wilson. While Wilson’s student conduct charges were eventually dropped by the campus, Wilson said his legal proceedings, which consisted of “constant� pretrial conferences and hearings — some as brief as 10 to 15 min-

utes — have worn him down. “I’m glad that it’s almost over, but I’m aggravated that it’s taking this long,� he said. “I know that everything I have to say is the truth.� Wilson added that he is working as a resident assistant during UC Berkeley’s Summer Sessions and hopes that the court proceedings do not hinder his ability to carry out his

duties. After Friday’s trial readiness conference, the court set a jury selection deadline for Aug. 12. The first hearing is scheduled to take place on Aug. 15 or Aug. 19, but Wilson said that since the court system is experiencing a glut of cases, proceedings for the first hearing could be pushed back a week or more.

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FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 453152 The name of the business: Brothers Sandwiches, street address 2144 Center Street, Berkeley, CA 94704, mailing address 2144 Center Street, Berkeley, CA 94704 is hereby registered by the following owners: Simon Nguyen, 708 35th Avenue, San Francisco, CA 94121. This business is conducted by an Individual. This statement was filed with the County Clerk of Alameda County on June 21, 2011. Brothers Sandwiches Publish: 7/5, 7/11, 7/18, 7/25/11. NOTICE OF TRUSTEE'S SALE Trustee Sale No.: 20110195400156 Title Order No.: 110072898 FHA/ VA/PMI No.: 16964033 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 04/10/06. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NDEx West, LLC, as duly appointed Trustee under and pursuant to Deed of Trust Recorded on 04/14/06, as Instrument No. 2006148690 of official records in the office of the County Recorder of ALAMEDA County, State of California. EXECUTED BY: AMIR ALAVI, WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK/ CASH EQUIVALENT or other form of payment authorized by 2924h(b), (payable at time of sale in lawful money of the United States) DATE OF SALE: August 1, 2011 TIME OF SALE: 12:00 PM PLACE OF SALE: At the Fallon Street emergency exit to the Alameda County Courthouse, 1225 Fallon St., Oakland, CA STREET ADDRESS and other common designation, if any, of the real property described above is purported to be: 1190 EUCLID AVENUE, BERKELEY, CA 94708. APN# 061 2551 056 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the

property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $583,586.91. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located. FOR TRUSTEE SALE INFORMATION PLEASE CALL: NATIONWIDE POSTING & PUBLICATION, INC. 5005 WINDPLAY DRIVE, SUITE 1, EL DORADO HILLS, CA 95762-9334 916-939-0772, www.nationwideposting.com NDEx West L.L.C. MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NDEx West, L.L.C. as Trustee, BY: Ric Juarez Dated: 06/28/11 NPP0184434 07/11/11, 07/18/11, 07/25/11 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF BENTON PETITION TO DETERMINE CLAIMS AGAINST THE TRUST No. 11-40100 In the Matter of the Kraft Family Living Trust dated December 7, 2000 and restated May 4, 2011 Petitioners, Carol Steward and Brent Olsen, as Co-Successor Trustees, allege: 1. The following information is given with regard to the grantor: A. Name: Rose Allen Kraft B. Age and birth date: 94, January 22, 1917 C. Domicile: Benton County, OR D. Date and place of death: May 13, 2011, Corvallis, Oregon E. Social Security Number: xxx-xx-6767 2. The name of the grantor’s trust is the Kraft Family Living Trust restated December 7, 2000 and restated May 4, 2011 (the Trust). The Co-Successor Trustees of the Trust are Carol Steward and Brent Olson. The Trust was a revocable trust subject to ORS 130.355. 3. The address at which claims against the Trust must be presented to is: Heilig Misfeldt & Armstrong, LLP, Attorney for Co-Successor Trustees PO Box 456 Corvallis, OR 97339 4. Venue is established in Benton County, Oregon in that at the time of death, grantor was a resident of this county. 5. Petitioners file this Petition to determine any claims, if any, of any

Attempted pedestrian armed robbery/assault with a deadly weapon — 2300 block of Grant Street A 20-year-old woman was walking home from a friend’s home on Sunday, July 17 at approximately 12:05 a.m. in the 2300 block of Grant Street when she heard a noise and looked up to see a male suspect standing in front of her pointing a handgun at her face. ... Driving under the influence — Shattuck Avenue & Kittredge Street A BPD officer made a traffic enforcement stop at 1:52 a.m. on July 18. The officer stopped a 28-year-old man at Shattuck Avenue and Kittredge Street and immediately smelled a strong odor of alcohol on the man’s breath. ... Grand theft — 2500 block of Telegraph Avenue A 24-year-old man went to a coffee shop at about 11:00 a.m. He left his $1,200 Dell XPS 15� laptop and his Samsung cell phone on the cafe table and went to use the restroom. When he returned, his property was gone. ... Check the News Blog on www.dailycal. org for weekly crime blotter posts. — Allie Bidwell

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creditors of the Trust or grantor. We, Carol Steward and Brent Olsen, hereby declare that the above statement is true to the best of our knowledge and belief, and that we understand it is made for use as evidence in court and is subject to penalty for perjury. DATED: June 28, 2011. Carol Steward, Co-Successor Trustee Brent Olsen, Co-Successor Trustee Submitted by: Karen L. Misfeldt, OSB# 97340 Heilig, Misfeldt & Armstrong, LLP 310 NW 7th St., Suite 100 PO Box 546 Corvallis, OR 97339 (514) 754-7447 (514) 754-0051 (fax) misfeldt@hmalaw.net Publish: 7/11, 7/18, 7/25/11. NOTICE OF TRUSTEE'S SALE TSG No.: 5313811 TS No.: CA1100227981 FHA/VA/PMI No.: APN:056 1915 001 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 06/25/04. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On August 8, 2011 at 12:00 PM, First American Trustee Servicing Solutions, LLC, as duly appointed Trustee under and pursuant to Deed of Trust recorded 07/08/04, as Instrument No. 2004310645, in book, page, of Official Records in the Office of the County Recorder of ALAMEDA County, State of California. Executed by: MICHAEL KWOK, A SINGLE MAN AND MAURICIO DAVILA, A SINGLE MAN,. WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER'S CHECK/CASH EQUIVALENT or other form of payment authorized by 2924h(b), (Payable at time of sale in lawful money of the United States) At the Fallon Street emergency exit to the Alameda County Courthouse, 1225 Fallon St., Oakland, CA. All right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: AS MORE FULLY DESCRIBED IN THE ABOVE MENTIONED DEED OF TRUST APN# 056 1915 001. The street address and other common designation, if any, of the real property described above is purported to be: 1450 BANCROFT WAY, BERKELEY, CA 94702. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made, but without

covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $488,059.92. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the County where the real property is located. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's Trustee. The beneficiary or servicing agent declares that it has obtained from the Commissioner of Corporations a final or temporary order of exemption pursuant to California Civil Code Section 2923.53 that is current and valid on the date the Notice of Sale is filed and/or The timeframe for giving Notice of Sale specified in subdivision(s) of California Civil Code Section 2923.52 applies and has been provided or the loan is exempt from the requirements. Date: 07/15/11, First American Title Insurance Company First American Trustee Servicing Solutions, LLC 3 First American Way, Santa Ana, CA 92707 Original document signed by Authorized Agent, Chet Sconyers -FOR TRUSTEE'S SALE INFORMATION PLEASE CALL (916) 939-0772. First American Trustee Servicing Solutions, LLC May be Acting as a Debt Collector Attempting to Collect a Debt. Any Information obtained may be used for that purpose. NPP0183412 07/18/11, 07/25/11, 08/01/11 NOTICE OF TRUSTEE'S SALE T.S. No.: 2011-09769 Loan No.: 705651172 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 12/13/2005. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A

LAWYER. A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to a Deed of Trust described below. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Trustor: Hanan Altschuler, a single man Duly Appointed Trustee: Western Progressive, LLC Recorded 12/16/2005 as Instrument No. 2005535387 in book ---, page --- and rerecorded on --- as --- of Official Records in the office of the Recorder of Alameda County, California, Date of Sale: 8/15/2011 at 12:00 PM Place of Sale: At the front Fallon St. emergency exit to the Alameda County Courthouse 1225 Fallon St. Oakland CA Amount of unpaid balance and other charges: $672,549.85 Street Address or other common designation of real property: 2135 Prince Street, Berkeley, California 94705 A.P.N.: 052-1585-004-00 The undersigned Trustee disclaims any liability for any incorrectness of the street address or other common designation, if any, shown above. If no street address or other common designation is shown, directions to the location of the property may be obtained by sending a written request to the beneficiary within 10 days of the date of first publication of this Notice of Sale. Pursuant to California Civil Code §2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: The beneficiary or servicing agent declares that it has obtained from the Commissioner of

Corporation a final or temporary order of exemption pursuant to California Civil Code Section 2923.53 that is current and valid on the date the Notice of Sale is filed and/or the timeframe for giving Notice of Sale Specified in subdivision(s) of California Civil Code Section 2923.52 applies and has been provided or the loan is exempt from the requirements. Date: 7/12/2011 Western Progressive, LLC, as Trustee c/o 18377 Beach Blvd., Suite 210 Huntington Beach, California 92648 For Non-Automated Sale Information, call: (866) 960-8299 Robin Pape, Trustee Sale Assistant Publish 7/25, 8/1, 8/8/11 FICTITIOUS BUSINESS NAME STATEMENT FILE NO. 453220 The name of the business: Scholardarity, street address 1132 Curtis Street, Albany, CA 94706, mailing address 1132 Curtis Street, Albany, CA 94706 is hereby registered by the following owners: Peter D.S. Krey 1132 Curtis Street, Albany, CA 94706 and Jason Zarri 5153 Hereford Way, Antioch, CA 94531. This business is conducted by Co-partners. This statement was filed with the County Clerk of Alameda County on June 23, 2011. Gather Publish: 7/18, 7/25, 8/1, 8/8/11 Notice is hereby given that sealed competitive bids will be accepted in the office of the GSA-Purchasing Department, County of Alameda, 1401 Lakeside Drive, Suite 907, Oakland, CA 94612 NETWORKING/ NORTH COUNTY BIDDERS CONFERENCE RFP #900860 for Appraisal of Tesla Manufacturing Facility – Monday, August 1, 2011, 2:00 p.m. – General Services Agency, 1401 Lakeside Drive, Room 1107, 11th Floor, Oakland, CA NETWORKING/SOUTH COUNTY BIDDERS CONFERENCE RFP #900860 for Appraisal of Tesla Manufacturing Facility – Tuesday, August 2, 2011, 10:00 a.m. – Social Services Agency, 24100 Amador Street, Shooting Star A Room 637, Hayward, CA Responses Due by 2:00 pm on September 6, 2011 County Contact: Kai Moore (510) 208-4882 or via email: kai.moore@ acgov.org Attendance at Networking Conference is Non-mandatory. Specifications regarding the above may be obtained at the Alameda County GSA Current Contracting Opportunities Internet website at www.acgov.org. 7/25/11 CNS-2140738# DAILY CALIFORNIAN


7

The Daily Californian sports

Monday, July 25, 2011 – Wednesday, July 27, 2011

sports in Brief

activism: Fujita believes there is still more to be done

Csikos leads Canada at FINA World Championships

From back

for the Cal softball team as a freshman in 2012. Last Tuesday, however, the Bears’ All-American ace played the role of Cal’s Emily Csikos may be miles mentor — serving as an assistant away from Berkeley, but that hasn’t coach on Danielle’s team at the Under stopped the women’s water polo team’s Armour All-America Game in Orlansenior driver from scoring goal after do, Fla. The Henderson sisters’ team, which won the high school showcase goal. The two-time first-team All- by a score of 6-5, featured another American, who has racked up 102 incoming Cal freshman: Cheyenne scores over the past two seasons for Cordes, who is the California GatoMa^ =Zber <Zeb_hkgbZg 3D<<H the Bears, found the net four times on rade Player of the Year. Thursday to lead her native Canada — Ed Yevelev over New Zealand at the FINA World Championships in Shanghai, China. The 11-4 victory wrapped up a perfect 3-0 record in group play and assured Canada a bye to today’s quarterfinal round. Csikos isn’t Cal’s only representative If this past weekend served as any at July’s World Championships. Katie indication, Monte Corley will be a Monton, an incoming sophomore two- future force for the Cal track and field meter, is playing alongside Csikos for team. Canda, while a pair of former stand- Corley, an incoming sophomore outs — Heather Petri and Elsie Windes from Hayward, Calif., captured the 400-meter hurdles title — and jumped — are competing for the U.S. into the school history books in the — Ed Yevelev process — on Saturday at the Pan American Junior Championships. His winning time of 51.21 seconds broke Larry Cowling’s Cal freshman mark of 51.31, set in 1979. The Pan American Junior In the spring, Jolene Henderson Championships pits track competiwill take the field once again with her tors between the ages of 16 and 19. younger sister, Danielle, who suits up — Ed Yevelev

aren’t as vocal or as active in pursuing social justice is just because they’re not aware of things,� says former Cal water polo goalie Michael Okinczyc, who cites the insulating nature of 20-hour practice weeks and full-time class schedules. “It’s not exposed to us as often and I think it needs to be.� Despite these constraints, Cal has become a hotbed for student-athlete activism. Set adrift by a career-ending injury in 2009, Okinczyc turned to his other passion: education. Okinczyc was a two-semester president for Sage Mentorship Project, an organization that works with local middle school students. That spring, Okinczyc founded the Golden Cubs, a non-profit that promotes academic achievement with tickets to athletic events along with tours of campus. He is not alone. Last year, water polo’s Bryan Schnugg raised money for Haiti with Barefoot for Bare Feet after the 7.0 magnitude earthquake decimated the Caribbean nation. During the season the entire women’s basketball team volunteered at a soup kitchen once a week. In September, all 29 teams participated in the second annual Jog for Jill, raising over $300,000 dollars for the Bonnie J. Addario Lung Cancer Foundation. “We’re aware of the negative

Corley breaks Cal freshman record in 400-meter hurdles

Three Cal softball players participate in all-star game

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stereotypes that are placed on our mainly confined to uncontroversial student-athletes, but I can definitely issues like philanthropy. Rowe admits assure you that our student-athletes that she is unaware of athletes outspothink for themselves more than any ken on LGBT rights, for example. athletes across the country,� Allie Society expects a lot from college Rowe, Cal’s director of student-athathletes. Tasked with not only suclete affairs, says. “At Berkeley you are ceeding at a top-notch institution of taught to be critical thinkers and to higher learning, we expect them to challenge the process. Our studentproduce results in their respective athletes do what they want to do. Mankl]Zr% FZr ,% +))0 athletic arenas as well. Beyond academics, beyond athletics, Still, academics like Kaufman and we have whole individuals here.� Brown University’s Eli Wolff argue Cal’s alumni echo the sentiment. that activism and athletics can be “I would argue that Berkeley athsymbiotic. Sports, by their nature, letes are probably more active than build social consciousness, a comthey are on other college campuses,� mitment to meritocracy, responsible says Fujita. “But [they’re] still not citizenship amongst its participants even close to the rest of the student and interdependency between peers. body in Berkeley and that’s unfor“Social change is happening all the tunate, because Berkeley is such a time and I feel like you can either be wonderful ecosystem where ideas are the one who’s causing it or it’s going nourished.� to be done to you,� Kaufman says. Okinczyc shares Fujita’s qualified “I’d rather have some sense of agency optimism. in how social change is playing out “There is a lot more to do,� Okincin society instead of sitting on the zyc says. “The way that the commusidelines.� nity rallies around its sports teams, I Athletic departments like Berkethink that is a tremendous opporley’s have committed themselves to tunity for (athletes) to connect even fostering it while more and more closer to the community. We should student-athletes are finding their always be preaching that we should voice. Yet, for every Bryan Schnugg be giving back to others.� in the world, another athlete chooses In conversation with those close to not to take action. Athletic culture is the program, it is clear that the issues still permeated by silence; question on which athletes are most vocal are is, for how much longer?

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Sports

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Monday, July 25, 2011 – wednesday, july 27, 2011 • dailycal.org/sports

activism

A CULTURE OF

valentina fung/staff

SILENCE Sports figures and social activism have not traditionally gone hand-in-hand. Why? And where do Cal’s athletes fit into the picture?

By Chris Haugh| Senior Staff chaugh@dailycal.org

I

n 1996, Jesse Helms, the late Senator from North Carolina, was in a hotly contested race for his seat with Democratic rival Harvey Gantt. Helms had beaten his opponent six years earlier. This race was much closer. As the race heated up and Helms’ notorious television ads become more acerbic, Gantt needed to swing the tide. His campaign again turned to Michael Jordan. The Chicago Bulls’ superstar guard was beloved by millions and sat atop an endorsement empire that included his own shoe line with Nike. Corporate America and sports fans alike had lionized the iconic basketball player. Yet, Jordan was not to be persuaded. He is rumored to have turned down Gantt’s overtures during both races, once with a now infamous retort: Republicans buy sneakers, too. That November, Helms coasted to victory. Gantt again failed to become the first black Senator from the South since Reconstruction. The potential impact of Jordan’s endorsement is simply conjecture. But there is no doubt that Jordan’s purported comments allude to a culture of silence embraced by

athletes at all levels. History has shown that on societal issues, an athlete is less likely to take a stand. Cal is no exception. On a campus known for activist spirit, athletes faced a similar conundrum. Afforded levels of celebrity and clout, Cal’s world-class athletes are in a perfect position to make positive social change. Yet many may be muzzled by the weight of performance expectations. Nonetheless, as the years have passed, athletes on the Cal campus have become more vocal on issues from cancer research to educational opportunities. Activism is on the rise, but to what extent? ctivism is a difficult concept to define. Any activity to create change in one’s society can be considered activism. It may include all form of social outreach or statements — protesting war, fundraising for non-profits or boycotting sweatshop-produced goods. Activism can also be as pedestrian as volunteering at a soup kitchen or partaking in a blood drive once a year. But issues of politics and culture may be deemed too controversial and out of an athletes realm of expertise To endorse a political candidate or partake in any other form of activism on an athlete’s part is considered “non-normative” by academics researching the subject. “It’s not typical for athletes to take a stand on political issues,” says Dr. Peter Kaufman

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of SUNY New Paltz, a sociologist who has studied athlete behavior. “There have certainly been some cases over the years, but generally, athletes keep a low profile when it comes to political and social issues particularly when you compare them to others like entertainers.” Kaufman cites numerous cases in which athletes are faced with ridicule for taking stands. Toni Smith, a basketball player from Manhattanville College, suffered such a fate in 2003. Smith was ridiculed in the national media and on her own campus for turning her back on the American flag before an away game to protest the U.S. war in Iraq. Kaufman has even documented athletes being banned from participating in their respective sport for speaking out on issues like war or racism. Other critics go further. Dave Meggysey, a former linebacker for the NFL’s St. Louis (now Arizona) Cardinals, taught a course at Stanford called “Sports Consciousness and Social Change.” He believes team athletics is an inherently conservative, hierarchical system. Silence, then, is a virtue. “Sport is pretty much a top-down structure. It’s a culture of obedience to authority,” Meggysey says. Athletes face daunting barriers between normative sports behavior and being fullfledged active citizens. Yet these theoretical barriers to activism are not impervious.

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t 8:11 a.m., Scott Fujita was already late. Briskly jogging through Sproul Plaza, Fujita —a senior linebacker at Cal in 2001 — was loath to miss the start of class. Weaving in and out among his fellow students, he had only minutes to get from morning lifting at Memorial Stadium to his class in Dwinelle. “You’re rushing by some of these protests and different forms of activism and you see a banner and you’re like ‘oh my god, that doesn’t sound good, what the hell are they even talking about?’” says Fujita. “(It’s confusing), because you don’t really have the time to research it and find out what they are really talking about. You are so insulated from all these other issues going on.” Time is a precious commodity for college athletes. Faced with both athletic obligations and rigorous academics, many don’t find time to involve themselves in social activism. Fujita, a nine-year NFL veteran who now plays for the Cleveland Browns, believes that many athletes at Cal are hampered by this requirement. Fujita was the New Orleans Saints’ Man of the Year in 2009 for his charitable activities, which include wetland restoration in post-Katrina Louisiana and adoption awareness work. Yet, time is only half of the equation. “The big reason as to why student-athletes

activism: PAGE 7


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