Daily Cal - November 16, 2010

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Tuesday, November 16, 2010

Calendar calendar@dailycal.org

Tuesday, Nov. 16 WHAT REading/discussion Barry Spector visits Pegasus Books Downtown to discuss his book “Madness at the Gates of the City: The Myth of American Innocence.” WHEN 7:30 p.m. WHEre 2349 Shattuck Ave., Berkeley. Cost Free. contact 510-649-1320

Wednesday, Nov. 17 WHAT Workshop As part of SFFS Education, Aaron Kerner of SF State teaches “Japanese Movie Monster Attack!”, a course on the “Gojira” films and the cultural contexts of Japanese monster cinema, at San Francisco Film Centre. WHEN 7 p.m. WHEre 39 Mesa St., Suite 107, The Presidio, San Francisco. Cost $20 general; $15 for SFFS members. contact 415-561-5000

Thursday, Nov. 18 WHAT Film Screening The Pacific Film Archive Theater screens a new print of “Every Man for Himself ” (aka “Slow Motion”), Jean-Luc Godard’s 1979 “second first film” starring Isabelle Huppert, Jacques Dutronc and Nathalie Baye. Screens again Saturday, Nov. 20. WHEN 7 p.m. WHEre 2575 Bancroft Way, Berkeley. Cost $5.50 to $9.50. contact 510-642-1412

Calendar listings may be submitted as follows: fax (510-849-2803), e-mail (calendar@dailycal.org) or in person (sixth floor Eshleman Hall, Monday through Friday, 10 a.m. to 5 p.m.). Always include contact name and phone number along with date, day, time, location and price (if applicable) of event. Placement is not guaranteed. Events that do not directly relate to UC Berkeley students or Berkeley residents will not be listed.

Corrections Monday’s article “Student Sues Two Hearing Panel Members” incorrectly stated that Daniel Nemser was involved in the Nov. 20 occupation of Wheeler Hall. In fact, he was involved in the Nov. 18 sit-in of the A&E building. Monday’s article “Professor Contests Corporation With Herbicide Research” incorrectly stated that Tyrone Hayes was an assistant professor of integrative biology. In fact, he is a professor. The infographic accompanying that same article misspelled Tyrone Hayes’ name. Monday’s article “Bears’ Upset Bid Falls Short Against No. 1 Ducks” misspelled Darron Thomas’ name. The Sept. 23 article “US Senate Rejects Act That Would Give Undocumented Students Aid” incorrectly stated that, according to the LAO, nearly 1,900 undocumented students in the UC system had waivers for out-of-state fees. In fact, 1,900 nonresident students had waivers. The Daily Californian regrets the errors.

Go online at dailycal.org

The Daily Californian NEWS

SHELTER: Construction Bond Was Approved in 2002

NOTICE OF PUBLIC MEETING

from front

UC BERKELEY POLICE REVIEW BOARD Tuesday, November 16, 2010, 6:00p.m. 60 Barrows Hall on the UC Berkeley campus

The Police Review Board (PRB) is the campus’s official monitor of the civilian complaint process for the University of California, Berkeley Police Department (UCPD). It is made up of campus community members, including faculty, staff and students. For additional information, including 2010-2011 membership roster, please link to: http://administration.berkeley.edu/prb/PoliceReview.htm. Before the public meeting on November 16, the Board will post a draft of its annual report on the web. At the meeting, there will be an opportunity for interested individuals and organizations to comment on, or ask questions about the work of the PRB and UCPD. After the meeting, the Board’s final Annual Report for 2009-2010, reflecting input from the public meeting, will be posted to the PRB web address noted above. If you have any questions about the Report or the Public Meeting, please contact the Board either through the Board’s staff assistant Rita Gardner (rgardner@ berkeley.edu) or through the Board’s Chair, Professor Wayne Brazil (wbrazil@ law.berkeley.edu.)

In November 2002, Berkeley voters approved a $7.2 million bond for the construction of the new shelter. Councilmember Jesse Arreguin, who replaced Spring on the council in 2008, said the delay in finding a site increased the cost of construction, leading the city to seek additional money to fund the project. Though he said he does not know the current cost of the project, the Berkeley City Council unanimously approved an additional $5.5 million in certificates of participation to meet the increased cost in April of this year. These funds will cover the costs of the building’s second story and additional kennel space. Since construction began, O’Connor said delays have been minor. If no further problems arise, construction will be completed in August 2011. Some of the shelter’s problems — including the minimal isolation in the kennels, which allows for easy transmission of disease — will be addressed once construction is done. Despite inadequate space, the current animal shelter houses animals from other cities in the area, including Albany, Emeryville and Piedmont, which do not have shelters of their own. O’Connor said San Leandro used to send their animals to the Berkeley shelter, but the contract was dropped due to insufficient space. As part of their contracts, these cit-

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ATTENTION UC EMPLOYEES & FAMILIES Alta Bates Medical Group is still working to include your trusted physicians in the Health Net Blue & Gold Plan. If you have not yet submitted your benefits forms, please wait and check our website (AltaBatesMD.com) or Facebook page (facebook.com/AltaBatesMD) for an update before open enrollment ends. We are striving to keep your health care local. Choose Alta Bates Medical Group.

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ies pay fees to the city of Berkeley for housing their animals, which are allocated to the city’s General Fund. According to O’Connor, 6 percent of live animals at the shelter are from Albany. According to a city staff report, 7 percent of all live animals housed at the shelter are from Piedmont and Emeryville. A report from the city of Berkeley states the projected cost of housing animals from Piedmont for the fiscal years 2011-13 is $99,588, which Piedmont will pay. Currently, the city has budgeted $1,385,595 for the animal shelter. While the majority of the money used to run the shelter comes from the General Fund, O’Connor said the shelter receives some donations and grants as well. Still, the recent budget cuts have had negative effects on the shelter, as the staff was reduced from 12 to 9.5 positions. “Any more cuts and we have to start reconsidering our services and our opening hours,” O’Connor said. She added the increased price of veterinary bills for sick animals housed at the shelter is one of the financial problems it faces and while these bills keep on increasing, funding is not. Despite the reduction in staff and other financial issues, O’Connor said the shelter still manages to offer its services for seven days a week. Contact Karinina Cruz at kcruz@dailycal.org.

PROTESTS: March, Press

Conferences Planned from front

According to Gomez, on Wednesday, the UC Student Association is planning to hold press conferences throughout the day, a march around the campus and a flash mob, in addition to other demonstrations from other groups including unions representing graduate students and staff. UCSA President Claudia Magana said because the agenda for the meeting was released after organizers had planned the protests for Wednesday, the vote on the fee hike and the protests do not coincide. “I’m not coordinating anything for Thursday, but I’m pretty sure there will be something planned from student groups,” she said. Magana said while she does not expect the protesters to stop the regents from voting on the fee hikes, she hopes the protests will convince the regents to vote against them. Action beyond the Nov. 17 protest has not officially been scheduled, but Gomez said plans may be made during the regents’ meeting. Contact Victoria Pardini at vpardini@dailycal.org.

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Tuesday, November 16, 2010

OPINION & NEWS The Daily Californian

Sex on Tuesday

Mythbusters: Sex Edition

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t one of the best learning institutions in the world, we Berkeley students do not like to be fooled. Whether as budding scientists, philosophers or sexperts, we can, and will, dig up the truth. Unfortunately, while many other disciplines have professors and textbooks devoted to separating fact from fiction, sex prefers to keep itself a little more secret. But I will do my best to clear up some things that were falsely informing my sexual psyche. I spoke with two of my friends to get their perspectives on a few common sex myths. 1. The myth of the almighty porno. It’s true, porn often shapes our idea of sex when it should be the other way around. But even the biggest fans still realize the shortcomings of the medium. One man complained, “It kills the creativity involved in the way two people can get each other to cum. All they show is the same old sex, blow job, sex, blow job. But there are so many other ways to pleasure each other, so many other parts of the body. You can even make someone orgasm without touching them if you are good enough.” Another man added, “Porn is fine for entertainment, but you can’t use it as a guide for your own sex. Trust me, I tried, and my first time I couldn’t find where to stick it in. I ended up losing my virginity to her anus instead.” 2. The myth of the obedient boner. Reasons for failing to rise to the occasion can range from drunkenness to straight-up intimidation. “If I am especially nervous about a girl or feeling judged by her, it is definitely hard to get it up.” Unfortunately, from the opposite perspective, women are often less understanding than they appear. “Guys are trying to hide their boners all the time, but when they need one and can’t deliver, it kills the mood fast. Both people get stressed out, and I just start to feel bad for him.” n the other end of the erection spectrum comes the morning wood, which I normally interpreted as being up and ready for some daytime loving. But this isn’t always the case. “I have a hard-on every morning, it’s not necessarily even about sex, it just happens. Normally it will calm itself down after a few hours.” 3. The myth of the hairless vagina. Both ladies-only and men-only magazines praise the quick and total

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PRISCILLA FRANK

removal of all female hair that is not found in the head. Why wouldn’t you want your honey to return to her private part’s prepubescent phase? Is this semi-creepy coif really the sexiest route? he common answer (from both boys and girls) favors the trim over the shave. “It’s nice to know she’s putting in the effort to keep clean. I feel more comfortable about going down if I can somewhat see where I’m going. But touching a totally bare vagina just feels too wrong.” For the ladies, though being completely hairless does allow for more sensitivity, most don’t think it worth the trouble. “It’s a vagina! What are you trying so hard to show off anyway?” 4. The myth of unbeatable oral. I once thought we lived in a world where the meeting of mouth and genitalia was the holiest of unions (well, for him, not as much for me.) When discussing going down, both sexes have the tendency to idealize what they are giving, not what they are getting. “Girls spend all this time learning to deep throat, but really, the penis only has feeling on the tip so it barely makes a difference. The only reason it’s popular at all is because it’s in the movies.” Girls have a similar warning: “If you really know what you are doing down there then, please, by all means go ahead. But by just slobbering and sucking you are not doing anyone any favors and, yeah, I would rather pass.” I think both sides agree that oral sex, especially since it is so one-sided, is no sure thing. Basically, there is no way to know for sure until you do a little experimenting yourself. What — you didn’t expect me to do all the investigating for you, did you? Show Priscilla that you can handle the truth at sex@dailycal.org.

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O Open to All S Students d

UC Santa Cruz Graduate School Info Session

Guest Speaker Margaret Ortega Director, Diversity Recruitment and Retention UC Santa Cruz Graduate Division

Thurs., November 18th 230-C Stephens Hall 12:30 to 1:30 pm Lunch Provided (first come, first serve)

Learn about the UC Santa Cruz campus Explore E l graduate d t program opportunities t iti Get the 411 on program requirements Learn tips and tricks on how to apply to graduate school (and what not to do) Make a connection with a UC Santa Cruz Graduate Division representative Sponsored by the Cal NERDS program

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Former Bear’s Lair Food Court Vendor May Sue ASUC by Nina Brown Contributing Writer

Last year’s debate over contracts between Bear’s Lair Food Court vendors and the ASUC Store Operations Board has been rekindled as the owner of a vendor formerly located in the court has begun pursuing legal action against the ASUC and the board. Ann Vu, former owner of Healthy Heavenly Foods, has retained the services of the law firm Miller & Ngo in negotiations with the board. Thomas Miller, principal attorney of the firm, said he hopes to reach a settlement — including a redress of the contract renewal process — outside of court. However, he added that Vu had adequate grounds to sue and that he would be willing to proceed with a lawsuit if a settlement could not be reached outside of the courtroom. “There’s a lot of, shall I say, ‘funny business’ going on in allocation of the space,” Miller said. “We’re right now in the process of negotiating with the university attorney.”

Vu said both she and Arnoldo Marquez, former proprietor of Taqueria El Tacontento, were forced out of business because of unfair contracts presented by the board. She hopes to regain money she invested in the space in damages and to buy a new business. “We are first generation coming to do business, and they take our rent from us,” Vu said. “They always step on me — they give me very hard times, and they take me out and get somebody else to replace my business. It’s not right.” Nadesan Permaul, director of the ASUC Auxiliary, and Tom Spivey, associate director of the auxiliary, refused to comment. Christopher Patti, chief campus counsel for UC Berkeley, said he could not comment on ongoing settlement negotiations. Negotiations between Vu, her attorney and the board began last year before Vu had vacated the food court, according to a letter from Miller to Patti. Yishi Zuo, the board’s chair, said it is still conferring with Patti. Vu has not yet filed a lawsuit. In May 2009, the board forgave

The Daily Californian a portion of its rent for the office it leases. As part of the agreement, a nonpolitical student member of the board, currently Zuo, sits on The Daily Californian’s Board of Operations, which has no control over the paper’s editorial content. While Vu opted to take legal action against the board, Marquez did not. According to Vu, Marquez could not afford a lawyer and intended to return to Mexico for two years to raise funds before returning to the United States. Though the debate over the vendors’ contracts has elicited a wide range of student opinions — from ASUC representatives, board members and campus activists — many students this year said they were unfamiliar with the case. Nish Rajan, a graduate student and the former chair of the board, said the board represents the “dynamism” of the student body. However, the board’s frequent reshuffling also means that systems for contract implementation change often. Contact Nina Brown at nbrown@dailycal.org.

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berkeleychamber.com

Opinion by the numbers ... $23,000

Approximate cost to the campus for the ongoing student conduct hearings.

Too Close to Home

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It is unacceptable that student parents and their families are facing eviction notices due to delays in financial aid.

ozens of student parents and their families at UC Berkeley are currently facing the possibility that, for them, there’s no place for home. While financial aid funds remain immobile, students may have to move. Due to delays in distributing financial aid, some students are facing eviction notices from their campusowned homes in either the Smyth Fernwald Complex or University Village. This situation is unacceptable and absurd, and it makes us question Chancellor Robert Birgeneau’s claim that this campus is prioritizing accessibility to lower-income students. This is not the students’ fault. They were approved for financial aid after filling out and filing the proper paperwork. This is not a result of fewer funds for financial aid. The campus has the money at its disposal. No, financial aid allocation has simply been delayed due to glitches in the campus computer software. As we have said before, we are sympathetic towards the campus’s financial aid office, which is now handling more requests with considerably fewer staff members. Yet no

matter the budget reality for this office and the campus, allocating aid for students who depend on it for their education or livelihood is a fundamental duty that should never be compromised. For a campus that has one of the best computer science programs in the country, the malfunctioning software for a seemingly straightforward service is ridiculous in its ongoing problems. Even more tragic is the fact that the financial aid office could not coordinate with these campus-owned housing sites to extend rent deadlines for affected students who bear no blame in the delay. With such a blatant contradiction of the campus’s stated priority to access, Chancellor Birgeneau should release a statement to address the issues and ensure that these students do not lose their homes. Frankly, it is troubling that no one in the administration publicly assured the campus community that the unprocessed funds will actually be given to students so they can pay their bills. These delays should have never led to eviction notices. It’s time for those in charge to take responsibility.

by Casey Given To most outsiders, “Berkeley” is synonymous with “free speech.” Simply uttering our university’s name to them conjures up images of bearded bohemians and flower children peacefully rallying for a hippie cause of the past. Indeed, to this very day, our school is still envisioned as a utopia of free speech, where discourse of all sorts is allowed to flourish. And why should anyone think differently? Campus monuments like the Mario Savio Steps of Sproul Plaza and the Free Speech Movement Cafe reinforce our campus’s reputation of being dedicated to unrestricted expression. Unfortunately, this idealized vision is becoming more fiction than fact nowadays, as free speech violations on campus have been on the rise recently. Perhaps the best judge of the state of free expression at our university is the Foundation for Individual Rights in Education (FIRE), a non-profit group that protects civil liberties at colleges across the nation. Indeed, our very own professor John Searle of the philosophy department, who himself was a faculty leader in the Free Speech Movement of the 1960s, serves on FIRE’s Board of

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The sanctions for those found responsible of violating the student code of conduct appear to be reasonable thus far.

e are finally seeing results from the first student conduct hearings, almost one year past the Nov. 18-20 protests. While this has been a ridiculously drawn-out and excessively expensive process, the sanctions thus far appear to be reasonable consequences for those students found responsible for conduct violations. Admittedly, only one out of 17 students who chose to face the panel have completely finished the process, which includes hearings, recommendations from the panel and actual sanctions from the dean of students. The entire process is far from over. Most recently, the second student facing hearings received recommended sanctions which include 80 hours of community service as well as disciplinary probation. Junior Laura Zelko should know her final sanctions before the semester ends. The first and only student thus far who has been sanctioned by dean of student’s designee received an official sanction that is similar to Zelko’s recommendation: disciplinary probation and a reflective writing assignment. We do think these are fair conclusions to the conduct cases. While the

sanctions serve as consequences for violating student conduct, they do not needlessly make extreme examples of the students. We would therefore not be sympathetic if Zelko chooses to appeal. While Zelko says she does not want one specific charge of threatening the health and safety of any person on her permanent record, she should have realized that this would be a possibility when she participated in the Nov. 18-20 events, including the occupation of Wheeler Hall. There are many ways that students can protest without breaking the code of conduct — it is safe to say most people who were present a year ago followed those rules. Yet Zelko clearly crossed that line and should subsequently face the consequences of her actions. As of two weeks ago, this process had already cost the campus roughly $23,000 and 438 hours of staff, student and faculty time, numbers that have certainly increased since then. Students who appear to just want to oppose the campus in every possible way should realize that their cases need resolution. This has dragged on long enough.

Letters to the Editor and Op-eds:

Letters and Op-eds may be sent via e-mail. Letters sent via U.S. mail should be typed and must include signature, daytime phone number and place of residence. All letters are edited for space and clarity. Op-eds must be no longer than 700 words. Letters must be no longer than 350 words.

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Berkeley’s Independent Student Press—Celebrating More Than 135 Years.

Senior Editorial Board Rajesh Srinivasan, Editor in Chief and President Evante Garza-Licudine, Managing Editor

Gabriel Baumgaertner, Sports Editor Cameron Burns, Multimedia Editor Shweta Doshi, Design Editor Kelly Fitzpatrick, Development Editor Brian Liyanto, Night Editor

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Advisors. For over a decade, the Foundation’s “Spotlight” rating has been well regarded as the preeminent method of assessing the condition of civil liberties at universities. Sadly, their evaluation of UC Berkeley is pretty mediocre — giving our school a “Yellow Light” rating for threatening student speech. Even more concerning, FIRE has seen a dramatic increase in reports of violations from our university recently, resulting in four cases over the last two years. In fact, two of those four occurred this last October alone! Take, for example, an incident that occurred in Dwinelle Plaza on the 22nd of last month. Officer Sean Aranas of the University of California Police Department was riding his bicycle in the university’s “Dismount Zone,” a designated area of campus where cyclists are prohibited from riding their vehicles, when fourth year James Allen yelled at him, “Walk your fucking bicycle!” Aranas then proceeded to issue Allen a Student Conduct Incident Referral. Although on its face it would seem like cursing at a cop may be illegal, it is nevertheless protected under the First Amendment. Indeed, the right to peacefully dissent is a pivotal check against tyranny that has historically been greatly cherished. After all, as the Roman poet Juvenal once asked, “Who will

Facing the Music CAMPUS ISSUES

Tuesday, November 16, 2010 Approximate number of hours spent this semester by students, faculty and staff on the hearings.

We Must Never Silence Our Free Speech

editorials CAMPUS ISSUES

17

Approximate number of students charged with misconduct related to the Nov. 20 protests.

The Daily Californian

Sarah Springfield, City News Editor Sam Stander, Arts & Entertainment Editor Leslie Toy, Opinion Page Editor Anna Vignet, Photo Editor Valerie Woolard, Blog Editor

Mihir Zaveri, University News Editor 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 2010. All rights reserved.

watch the watchmen?” Fortunately, this story has a happy ending; thanks to FIRE’s help and a sensible administrator, the unconstitutional charge against Allen was completely dropped, marking a much-needed victory for freedom of expression — ironically, at the home of the Free Speech Movement. Sadly, this was not just an isolated violation of free speech. Just less than a week later, the expression rights of the newspaper you are currently reading were violated. On the morning of Oct. 28, 3,000 copies of The Daily Californian were stolen from a sidewalk on Bancroft Avenue before arriving at their distribution points. Although it may seem like taking an excessive number of free newspapers is legal, it is indeed a breach of expression law under an ordinance that the Berkeley City Council approved in 2003, after Mayor Tom Bates similarly stole 1,000 copies of The Daily Californian during election season. Freedom of the press for centuries has been considered to be a vital foundation to our American democracy, hence why it is enumerated in our First Amendment. Thus, this theft marks yet another illiberal attempt to censor students’ voices. As California Golden Bears, we should be proud of our university’s rich history of free speech. However, we must be ever vigilant to ensure that our reputation is an accurate reflection of reality. Freedom of expression is not a static state of liberty that cannot be undone, but rather is an enduring goal that we must constantly fight for. These recent attacks on free speech are not just mild infringements; rather, they symbolize an assault on our right as freethinking individuals to actively and knowledgeably engage with the world around us. Perhaps our very own Mario Savio put it best when he said, “Freedom of speech is something that represents the very dignity of what a human being is.” Let us make sure that we are never stripped of our dignity. Casey Given is the president of Students for Liberty at Berkeley. Reply to opinion@dailycal.org.

Jaime Chong/Contribut0r

Editorial cartoon

By Annie Liu

NEWS & MARKETPLACE

Tuesday, November 16, 2010

The Daily Californian

Mark Twain Autobiography Stirs Excitement by Rachel Banning-Lover Contributing Writer

When Mark Twain stipulated that his autobiography should not be published until 100 years after his death in 1910, he could not have predicted that his life story would still resonate with Americans in 2010 when the first installment of his three-volume autobiography was officially released to bookshelves Monday, published by UC Press at UC Berkeley. While versions of Twain’s autobiography have been published previously, this edition offers, for the first time, the complete, uncensored version of Twain’s life, which includes a separate section of annotations produced by editors from the Mark Twain Papers and Project, who edited the book. Following the first article announcing the autobiography last May in the

British newspaper The Independent, interest in the book has snowballed, attracting a much wider audience, according to Alex Dahne, publicity director at UC Press. The excitement surrounding the book’s publication has led to an increase in the number of copies printed, from 75,000 to over 250,000 ­— one of the largest print runs in UC Press’ history. “(The response) was really surprising,” Dahne said. “What we’ve seen with this book, which we don’t normally see with other texts, is interest from a mix of high brow and low brow literary outlets from The New York Times to Perez Hilton.” Despite the length of time that has transpired between Twain’s death and the publication of his full autobiography, the impact of it will still deeply resonate with its readers, according to Benjamin Griffin, an editor at the

Mark Twain Papers and Project. “Everyone I’ve talked to is having the reaction that the book is surprisingly timely,” Griffin said. Twain’s opinions remain relevant to American society as his views on, for example, the Philippine-American War are seen by some to mirror many modern Americans’ feelings on the Iraq and Afghanistan conflicts, according to Sharon Goetz, the digital publications manager at the Mark Twain Papers and Project. At University Press Books, 39 copies of the first volume of Twain’s autobiography have already been sold in one month according to Sorayya Carr, co-manager of the Bancroft Way bookstore. “A lot of our scholarly books sell only two or three copies a year, so this is definitely very different,” Carr said. Contact Rachel Banning-Lover at rlover@dailycal.org.

State Supreme Court Upholds Nonresident Tuition Law by J.D. Morris Contributing Writer

A unanimous decision handed down Monday by the California Supreme Court upheld a state law that allows qualifying nonresident students attending the state’s higher education institutions to receive in-state tuition regardless of their legal status. The court’s decision overturns a lower court’s ruling that AB 540 — a 2001 state Assembly bill allowing nonresidents who attend a California high school for at least three years and graduate, among other requirements, to pay in-state tuition levels — was in conflict with a 1996 federal immigration law because of the benefits the bill gave to undocumented students. “Now every person in general has the opportunity to go to college — especially students that were brought up here and went to high school like everybody else,” said Claudia Magana, president of the UC Student Association. The case started when Robert Martinez and 41 other U.S. citizens who were

students paying nonresident tuition filed a class action law suit against the UC in 2005 over allegations that the law’s out-of-state fee waivers violated federal immigration laws because they benefit undocumented students without doing the same for all legal U.S. citizens. According to a report released Sept. 21 by the UC, nearly 80 percent of the 2,019 students who received tuition breaks under the law in the 2008-09 school year were in fact U.S. citizens or legal residents. Michael Brady, an attorney for the plaintiffs in the case, said thousands of legal nonresident students are denied the same tuition benefits system-wide and that federal law indicates any benefits given to illegal immigrants should automatically be granted to all U.S. citizens. “For reasons we don’t understand completely, the Supreme Court disagreed … They upheld the California scheme, which we think is contrary to federal law,” Brady said. Brady said the plaintiffs will appeal

CHILD CARE: Scholarships Could Alleviate Pressure from front

services for student parents. “We wanted to create child care scholarships and have them be a priority to try and continue to provide services; we just got a fundraiser who gave us our first $25,000,” he said. “While there are other requests out there, my hope is that we would be able to create endowments each year to provide scholarships to as many parents as possible.” Child care services for student parents, which can be subsidized through

financial aid, have been delayed this year due to program glitches in the financial aid office’s recently implemented ProSAM system. The program was meant to increase efficiency in allocating aid packages to students but instead has caused major problems in getting funds to students on time. Senior Milanca Lopez, who could not afford full-time campus child care for her son when she started at UC Berkeley four years ago, had to use outside providers instead while she

BENEFITS: Some Must Pay Increases Out-of-Pocket from front

rates from 2009 to 2010 — 22 percent, according to city documents. Henry Oyekanmi, the city’s finance department contract administrator who will pay the 12.8 percent increase in his Health Net plan premium, said that although he prefers Health Net

over Kaiser, he may eventually enroll in a Kaiser plan because of Health Net’s consistent yearly increases in out-of-pocket costs. “Next year I’m assuming (the rate is) going to go up again,” he said. “There’s going to be a threshold where I’m going to move to Kaiser.” An increasing number of city em-

Monday’s decision to the U.S. Supreme Court. Joseph Rios, operations coordinator at the Raza Recruitment and Retention Center, said he hopes the decision propels further action on the state and federal DREAM Acts, which would grant federal and state financial aid to undocumented students. However, Brady said introduction of the DREAM Act to alter federal immigration law indicates that existing federal law is valid. “If it were not valid, what’s the point?” he said. “It sounds to me like an admission by those introducing the DREAM Act that they’re in trouble.” However, Magana said before the federal or state governments pass the DREAM Act, the UC should allow undocumented students to access institutional aid funded by student fees. “These students are basically being robbed by paying into the system without receiving the benefits,” she said.

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Katie Nelson is the lead academics and administration reporter. Contact her at knelson@dailycal.org.

ployees are switching over to Kaiser, Oyekanmi said, which may further increase the rates, as mortality rates — and therefore costs of health care — are higher when fewer people are enrolled in Health Net plans. “It’s a tough situation,” he said. “Everything is increasing. I’m just not sure what we can do to bring it down.” Contact Jessica Gillotte at jgillotte@dailycal.org.

UC Berkeley Crow Dog Murals Luncheon in Honor of the Artist: Lakota Chief Leonard Crow Dog, Jr. Friday, November 19th, Friday 19th 2010 11:45 a.m. to 1:15 p.m. 230 C Stephens Hall (just south of the Campanile-clock tower)

Enjoy a complimentary buffet lunch and meet the artist. Tour the giant Crow Dog wall Murals. Hear the Stories behind the art from the artist. Also see Crow Dog’s newest art piece-totem pole pillars. ABOUT THE ARTIST Leonard Alden Crow Dog Jr. was born in Grass Mountain, South Dakota. The son of Chief Leonard Crow Dog Sr. and Mary E. Moore, he was born and raised on the Rosebud Indian Reservation, a fifth generation Medicine Man and Chief. His inspiration for these murals were Cal science undergraduates. His mix of traditional images and science elements makes these art pieces very compelling. These Murals are located at the Cal NERDS/ Professional Development Program Student Center in 230 Stephens Hall. This event is wheelchair accessible. For more information please contact Diana Lizarraga at ladiana@berkeley.edu, #510.643.8978 Campus Map: http://www.berkeley.edu/map/3dmap/3dmap.shtml

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Contact J.D. Morris at jmorris@dailycal.org. went to work or to class. Lopez even had to return to Los Angeles this summer because of her inability to pay for campus child care while she worked. “Now, getting out of work at 7 p.m., I have lost time I could be using to spend with my son. I have to work because if I don’t then I would get into this constant cycle of trying to keep up,” she said. “Staying here this summer and going to school and paying for campus child care wasn’t even an option. I have to support my family somehow.”

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Tuesday, November 16, 2010

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SPORTS & LEGALS

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the one man capable of saving boxing. Who knows if the sport is worth saving at this point, but here we have a fighter that an entire Filipino community supports and has won 10 world titles in eight — yes, you read that correctly — eight different weight classes. Pacquiao now sits as the lone hero left in a sport that means so much to American culture. Though boxing may shout “I am leaving! I am leaving!� Boxing, like the fighter, will still remain.

that the fight with Pacquiao continue, even though his face was bloodied, bruised and swollen. He insisted the fight go on though he stood no chance of winning. Mexicans, as the famed Antonio Barrera-Erik Morales trilogy prove (YouTube this, it’s worth # 6 it), fight until they are physically unable. It should make more sense why a boxer like Oscar De La Hoya is considered a Mexican-American hero given his success and his fortitude. And now we come full circle to the importance of Manny Pacquiao. He is

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It’s fair and, frankly, smart to argue that the inflicted damage is not worth a career in the sport, but great boxing matches are the consummation of grit EASY and valor. For struggling nations and cultures, it is an isolated opportunity to show that they will not give up. Just watch Mexican fighters and you’ll know what I mean. Surrender is never an option. On Saturday, Margarito insisted

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Tuesday, November 16, 2010

Sing Simon and Garfunkel with Gabriel at sports@dailycal.org.

Keep Berkeley Unique: Shop Locally.

M. hoops: Crabbe to

Pick Up Scoring Load

from back

is a very good free throw shooter.� Tonight’s game is also a match of two heralded coaches rife with experience. Montgomery is regarded as one of the top coaches in the game, but Braswell had compiled an impressive track record in his 14 seasons at Northridge. The 2008-09 Big West Coach of the Mankl]Zr% FZr ,% +))0 Year, Braswell’s squad nearly shocked the college basketball world in the 2009 NCAA Tournament by nearly upsetting the second-seeded Memphis Tigers. An unrelated but fascinating fact about the Matadors is that they feature the only deaf player in D-I basketball. A main contributor off of the bench, Michael Lizarraga has excelled in his time in the valley despite deafness. The senior started eight games last season and shot a lights-out 53 percent from the field last year.

9 8 5 operated 9 76 5 Supporting 8 3locally-owned, independently keeps our city unique, creates more jobs, 1businesses 2 18 stronger. 2 3Look for this icon and makes our economy 8 65 3 the next time you’re 77 shopping for1something special. 2 near 4 3 1 3 48Find a local business 2 you5at buylocalberkeley.com 5 1 26 97 45 3 9 E>@:E GHMB<>L 7 2 1 3 4 9 8 7 2 7 38 98 6 6 23 3 1 8 6 #4656 PUZZLE 3 9 4 5 21 2CROSSWORD 5 4 48 79 Answer to Previous Puzzle ACROSS 14. Way 2 5This, to 392Across S E W N6 E S T3E S C A P S 1. Hatfield, to McCoy 17. 7 2 3 95 144. 5 4 O R A N A T O N E A B E T Spoil 18. Spot Gabriel Baumgaertner covers men’s hoops. Contact him at gbaumgaertner@dailycal.org.

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FICTITIOUS BUSINESS Individual. The registrant began to transact NAME STATEMENT business under the fictitious busiFILE NO. 443673 ness name listed above on The name of the business: Berkeley September 1, 2010. Sports, street address 2254 Bancroft This statement was filed with the Way, Berkeley CA 94704, mailing County Clerk of Alameda County on address 2254 Bancroft Way, October 14, 2010. Berkeley, CA 94704 is hereby regisSteven Sherman Consulting tered by the following owner: Michael Publish: 10/26, 11/2, 11/9, A. Inouye, 375 Euclid Ave. #314, 11/16/10 San Francisco, CA 94118. This business is conducted by an individual. 7. V. EASY The registrant began to transactV. EASY NOTICE OF APPLICATION TO11. business under the fictitious busiSELL ALCOHOLIC BEVERAGES 13. ness name listed above in 3/1993. To Whom It May Concern: This statement was filed with the The Name(s) of the Applicant(s) 15. is/ County Clerk of Alameda County on are: 16. October 7, 2010. Berkeley Society for the Preservation Berkeley Sports 19. of Traditional Music Inc. Publish: 10/26, 11/2, 11/9, 20. The applicants listed above are 11/16/10 applying to the Department 21. of Alcoholic Beverage Control to sell 23. alcoholic beverages at: 2020 Addison St. FICTITIOUS BUSINESS 24. Berkeley, CA 94704-1104 NAME STATEMENT 27. Type of license(s) applied for: FILE NO. 443925 30. 64 – Special On-Sale General The name of the business: Steven Theater Sherman Consulting, street address 34. # 7Avenue, Berkeley, 3 7 9 4 8Date5of Filing 2 6Application: 1 36. 3141 B Lewiston October 26, 2010 CA 94705, EASYmailing address 4 3139 8 1 3Publish: 6 211/12, 7 11/16, 9 11/23/10 5 38. Lewiston Avenue, Berkeley CA

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CA, 94702. The undersigned Trustee tion 2923.5 of the California Civil 2010, at 1:30 p.m., Alameda County disclaims any liability for any incorCode, the declaration from the mortCDA, 224 W. Winton Avenue, Suite rectness of the street address and gagee, beneficiary or authorized 205, Hayward, CA Responses Due other common designation, if any, agent is attached to the Notice of by 4:00 pm on December 09, 2010 shown herein. The total amount of Trustee’s Sale duly recorded with County Contact: Damien Gossett the unpaid balance with interest the appropriate County Recorder’s (510) 670-6524 or via email damien. thereon of the obligation secured by Office. DATED: 10/16/2009 gossett@acgov.org Attendance at the property to be sold plus reasonRECONTRUST COMPANY, N.A. Networking Conference is Nonable estimated costs, expenses and 1800 Tapo Canyon Rd., mandatory. Specifications regarding advances at the time of the initial CA6-914-01-94 SIMI VALLEY, CA the above may be obtained at the publication of the Notice of Sale is 93063 Phone/Sale Information: Current Contracting Opportunities $504,151.28. It is possible that at the (800) 281 8219 By: Trustee’s Sale Internet website at www.acgov.org. time 22. of sale Warns the opening bidbe mayready be Officer RECONTRUST COMPANY, CNS-1985906# to # total 8 indebtedness due. N.A. is a debt collector attempting to less than the DAILY CALIFORNIAN 24. Humped one Publish 11/16/10 In addition to cash, the Trustee will collect a debt. Any information accept cashier’s checks drawn on a obtained will be used for that pur25. __ acid state or national bank, a check pose. FEI # 1006.72105 26. Plead drawn by a state or federal credit Publish 11/16, 11/23, 11/30/2010 NOTICE OF APPLICATION TO 28. Regions union, or a check drawn by a state or SELL ALCOHOLIC BEVERAGES federal savings and loan associa29. Composed of To Whom It May Concern: tion, savings association, or savings Notice is hereby given that sealed The Name(s) of the Applicant(s) is/ elements bank specifieddiverse in Section 5102 of the bids will be accepted in the office of are: Financial and authorized to doin 31. Code Make changes the Alameda County Community Pho Me Now LLC business in this state. Said sale will 32. Protein sources Development Agency, 224 W. Winton The applicants listed above are be made, in an “AS IS� condition, but Avenue, Suite 205, Hayward, CA applying to the Department of 33. covenant Residue without or warranty, NETWORKING/BIDDERS Alcoholic Beverage Control to sell express or implied, regarding title, 34. Young animal CONFERENCE – S. COUNTY RFP alcoholic beverages at: possession or encumbrances, to No. 1 CDA NPS 10/11 – 35. Go bad secured by 1725 University Ave satisfy the indebtedness SERVICES, Berkeley, Ca 94703-1513 said 37. Deed ofNew Trust, advances Year!s there__ GEOTECHNICAL Tuesday, November 23, 2010, at Type of license(s) applied for: 1 42. 9with 8 2 under, interest as5provided, and Plant with 10:00 a.m., Alameda County CDA, 41 – On-Sale Beer and Wine – the unpaid principal of the Note EASY #6 6 8 4 evergreen 3Deed7of Trustleaves 224 W. Winton Avenue, Suite 205, Eating Place secured by said with Hayward, CA NETWORKING/ Date of Filing Application: interest as provided said 7 45. 4thereon 6Propelling 1 9 ain boat BIDDERS CONFERENCE – S. November 1, 2010 Note, plus fees, charges and RFP No. 1 59. CDA NPS a beautician!s job Very interested Publish: 11/16, 11/23, 11/30/10 2 48. 1 of5Did 4 and of the COUNTY expenses the6 Trustee 10/11 – GEOTECHNICAL trusts created said1 Deed of Trust. off; left quickly 60. Athenian portico 5 50. 3 9__by8 SERVICES, Tuesday, November 23, If required by the provisions of sec-

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Berkeley, California

Tuesday, November 16, 2010

SPORTS

Opener Will Be Offensive Test for Cal, Northridge

by Gabriel Baumgaertner Daily Cal Staff Writer

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eading about it was great, but seeing the photos was better. Manny Pacquiao’s victory over Antonio Margarito was well fought and well documented — in print and in picture. The articles illustrated Pacquiao’s vicious speed and combinations, the photos showed how badly he can damage any opponent. After dominating Margarito, a fighter three weight classes heavier than his, Pacquiao again established that he is a boxing marvel. A Filipino hero because of his diminutive stature, raw strength and unwavering morals, Pacquiao is boxing’s last honest warrior. Now let’s stop right there: What does boxing mean to the world anymore? An undersized son of a physical therapist, I was not the kid getting his wrists wrapped at age seven to go spar with the locals. At least six inches smaller and 30 pounds lighter than my average classmate, combat was never my strong suit. I was a kid from the suburbs, not Simon and Garfunkel’s poor boy whose story is seldom told. So while it was smart of me not to invite any beatings in the name of boxing, I’ve tried to learn my whole life about the allure of what they call “The Sweet Science.” Fans of boxing are considered overly traditional. Those who love combat are turning away from the gloves and toward mixed martial arts. Those who

When Mike Montgomery sat down at the first press conference for the 20102011 basketball season, lots of unfamiliar faces crowded the Haas Pavilion Club Room waiting to answer questions after the fourtime Pac-10 Coach of the Year spoke. There was no Jerome Randle, no Patrick Christopher, not even Nikola Knezevic. In one of the biggest turnovers imaginable, the Cal men’s basketball team lost six players from its 2009-2010 campaign, four to graduation and two to transfer, and will enter this season with only one returning starter, center Markhuri Sanders-Frison. Unlike the veteran presence that guided the Bears to their first Pac-10 championship in 50 years last season, Cal turns to two freshmen (Allen Crabbe and Gary Franklin), a learning point guard (Jorge Gutierrez), a power forward (Harper Kamp) that did not play last season and Sanders-Frison to compose the starting lineup. Regardless of who sets foot in the game, Montgomery knows that the beginning of the season will present challenges for the inexperienced bunch. “It’s going to require a lot of patience on everybody’s part,” Montgomery said at last Tuesday’s press conference. “It’s just a bunch of young kids out there that are working really, really hard to do what we’re asking them to do, but there is a lot of stuff they haven’t done before.” Joining the team are freshmen Franklin, Crabbe, Richard Solomon, Alex Rossi and Emerson Murray. Transfers Justin Cobbs and Jeff Powers are other new additions, but will sit the beginning of the season because of transfer rules. Powers will be eligible in the second semester while Cobbs has to sit the whole year. Just like the starting five, the bench

season PREVIEW

Daily Cal Staff Writer

G

rest stop The Bears earn a firstround bye in the NCAA college cup. See Dailycal.org

Youth, Inexperience Are Areas of Concern For Cal

by Gabriel Baumgaertner When the Cal men’s basketball team takes to the floor for its first regular season game of the 2010-2011 campaign, it will be staring at Cal a team with comparable inexperience, men’s at least in terms of Hoops scoring the ball. After coasting to TIPOFF: a 30-point exhibi- Cal takes tion victory over vs Sonoma State last on CSUN tonight at Wednesday, the Bears welcome Cal- 7:30 p.m. State Northridge at Haas Pavilion. (0-1) to Haas Pa- Radio: KNEW (910 vilion to open up a AM) difficult non-conference campaign. Much like Cal, the Matadors lost a large chunk of their production to graduation after the 2009-2010 season. The one returning starter is forward Lenny Daniel, a shot blocker who led the Big West with 1.44 blocks per game last season. Daniel was also third in the conference with 7.8 rebounds per game. Daniel’s defensive presence may deter the Bears from trying to establish a heavy load of points in the paint, but coach Bobby Braswell’s squad will need to improve their scoring effort if they hope to spoil Cal’s return to the hardwood. In its 83-50 loss at UCLA to open the season, Northridge shot a paltry 29-percent from the floor, with no player scoring more than four buckets. Much like the Bears, there is no identifiable go-to scorer for the Matadors, something Cal hopes to exploit

www.dailycal.org

anna hiatt/file

Mike Montgomery will enter his third year as Cal’s head coach. Last season, he led the Bears to their first Pac-10 championship in 50 years but his core group of seniors graduated.

has little Division-I experience as well. “I can’t put five guys out there that have been in a game before,” Montgomery said. “Jorge is the one guy that has played any kind of significant minutes on our whole basketball team. Anytime I put five guys out there, there will be one or two that have never been on a college basketball team before.” Probably the most reliable reserve will be point guard Brandon Smith, who saw limited minutes last season because of Pac-10 Player of the Year Jerome Randle’s success. Montgomery calls Smith the most “natural” point guard that they have on the team along with Cobbs. Predicted to finish seventh by the media, the Bears are certainly a long shot to repeat as Pac-10 champions, but the difficulty starts long before they play their first conference game. Cal faces a difficult non-conference slate that includes the likes of Kansas, New Mexico, San Diego State (which earned its first ever top-25 ranking) and a Thanksgiving tournament in Orlando that will feature games against Temple and either Georgia or Notre Dame. “Some of these teams would be OK to play in other years,” Montgomery said. “But San Diego State is returning nine seniors this year, and Southern Mississippi is a big, strong mature team.” Aside from its youth, Cal’s other glaring concern will be its play in the post. Sanders-Frison spent the offseason losing weight and improving his core strength and Kamp is finally 100-percent after missing last season. The newest post addition is Solomon, but he’s very slender despite his six-foot-10 frame. Montgomery is no stranger to building teams. He turned around notoriously losing programs at both Montana and Stanford into successful squads. That building starts at 7 p.m., tonight when the Bears take on Cal-State Northridge at Haas Pavilion.

when it takes the floor tonight. Senior Rashaun McLemore led the team with 10 points, but shot only 4-15 from the floor. No other Matador took more than seven shots the entire game. But the Bears have to solve scoring questions of their own. It’s been welldocumented that virtually all sources of offense are gone from last season; instead of Jerome Randle, Patrick Christopher and Theo Robertson, Cal will be looking toward newcomers Allen Crabbe and Gary Franklin for perimeter scoring. It’s far too early to tell, but prelimi-

nary indications are that the option will be Crabbe. The Los Angeles native impressed in his first outing, a 106-76 exhibition victory over Sonoma State last Wednesday. Crabbe shot 6-7 from the field and 4-4 from three-point range, totaling 22 points for the night. “Allen is very capable,” head coach Mike Montgomery said after the game. “He can shoot the ball, there is no question. I think in his mind, he thinks he should never miss, and he’s not going to miss a lot of free throws because he

don’t vehemently disapprove of the violence and resulting brutal physical toll that boxing takes on the human body. But Pacquiao’s victory on Saturday reminded me of why boxing carries the tradition and following that it has forever. It’s a cliche for a reason, you know, boxing allows for the achievement of pride and glory. The sport is so corrupt these days that few fights really matter anymore, but the power of boxing is a strong one. The sport was first documented in Sumerian relief carvings from the 3rd millennium B.C.; it’s as old as life itself. Some of the greatest American cultural icons, from Marlon Brando to Martin Scorsese have tried to capture the meaning of the boxer. Watch “On the Waterfront”, “Raging Bull” or “Rocky”. Not only are these landmark American films, but they also offer insight into one of the most complex characters in history: The fighter. For centuries, fighters have been a source of national and cultural pride. They are the gladiators that act for the working class. They represent the underrepresented. In the early parts of the 20th century, the fighters were the representatives of immigrant life. My grandfather, the son of a Sicilian immigrant, used to tell me of the Italian immigrant population’s excitement when a fighter would arrive from Italy to challenge for a belt. Italians rallied around Rocky Marciano and Primo Carnera, the Irish loved James “Cinderella Man” Braddock and the suppressed black population had Joe Louis, just to name a few. For immigrant shoemakers, dockworkers and artisans trying to create a life in the United States, fights were chances to live vicariously through one warrior. Groups of people would huddle around the radio to hear the ringside announcer voice, the left hooks and quick jabs. Prizefights have produced some of the most legendary moments in sports history. What image is more iconic than Neil Leifer’s “First Round, First Minute” picture of Muhammad Ali standing over a knocked-out Sonny Liston?

Up and Down Year to Help Squad in Future

>> boxing: Page 7

>> M. hoops: Page 7

Gabriel Baumgaertner covers men’s hoops. Contact him at gbaumgaertner@dailycal.org.

by Alex Matthews Contributing Writer

About a month into the season, it seemed that 2010 was the Cal women’s soccer team’s year. The undefeated Bears had scored 26 goals in their first nine games. Cal tied ranked competition such as No. 16 UC Irvine and No. 19 Santa Clara — results that the team with 17 underclassmen boasted proudly. They frequently steamrolled over unranked competition, posting a 6-0 shutout against Long Beach State and an 8-1 victory over Hawaii. “The girls prepared very well in the summer, and they came in ready,” coach Neil McGuire said. “We were at full strength physically, we had all our players available to us, and when that was the case, we were very difficult to deal with.” It wasn’t until freshman defender Emi Lawson’s 87th minute goal saved Cal from a 1-0 loss to Pacific that the Bears’ offensive dominance was questioned. However, Cal’s attacking end would have more questions to answer in the intermittent absences of senior co-captain Alex Morgan. The tie against Pacific was the start of a dry spell for the Bears — a nearly one-month period in which the team went entirely winless. Morgan was gone for three of those five games. The first of those absences was the Cal’s first loss, 3-1, against No. 2 Portland. “When you have someone that’s scored as many goals as Alex does, and suddenly she’s gone for the major bulk of conference play, a team really does have to work hard and find out who’s going to step up,” McGuire said. The Bears’ top-scorer since her freshman year, Morgan was now offering her services to the national team. She missed all but three games of conference play, scoring four of her 14 goals in two of the Pac-10 games.

season RECAP

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Alex Morgan missed much of the season while playing for the national team. Despite the squad’s losses, not having their co-captain helped develop the younger players on the team. It wasn’t simply Morgan’s absence that hindered Cal’s offense. While players such as Lauren Battung and Katrin Omarsdottir could chip away at her absence on the scoreboard, injuries to key attackers haunted the Bears all season. “We ended up with an unbalance in our roster in the number of forwards that were injured, while we had full strength everywhere else,” McGuire said. Cal’s defensive record reflected that full strength McGuire said existed elsewhere on the field. While goalkeeper Emily Kruger managed 60 saves in her freshman season, the Bears’ dynamic defense, particularly Lawson and junior Danielle Brunache minimized that number. In spite of that defensive prowess, Cal’s conference record was an abysmal 2-4-1 by the last weekend of Pac-10 play. With a historic loss to last-place Arizona, the Bears needed another turning point in their season. It was the young players like Law-

son who were the key to that late improvement and an NCAA tournament bid. In one weekend, freshman Kaitlyn Fitzpatrick scored game-winning goals against Oregon and Pac-10 runner-up No. 15 Oregon State to turn Cal’s conference play around. Of the seven players who scored more than once this season, five were underclassmen. While the Bears’ offense got used to playing without Morgan’s goal-scoring abilities this season, the coordination of the Cal’s midfield coordination will suffer from the graduation of Megan Jesolva and co-captain Emily Shibata. “We traveled 14 of 22 players, all underclassmen, to the NCAA tournament,” McGuire said. “While we lose very talented players, we feel like these were great experience games for the younger players.” Alex Matthews covers women’s soccer. Contact her at almatthews@dailycal.org.

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