Wednesday September 28, 2011 Volume 137, Issue 17
Spartans dominate tourney
SPARTAN DAILY
Sports p. 3
www.spartandaily.com
A friend or foe to music? A&E p. 6
Bike heists on the increase for riders on campus Rising number of arrests demonstrates extra police attention; students focus on bicycle security by Jeffrey Cianci Staff Writer
Undeclared freshman Alex Ortega locks his bike up in the San Carlos Plaza bike enclosure. The enclosures, which are located in five different spots on campus, are one way to guard against bicycle theft on campus. Photo by Nick Rivelli / Spartan Daily
“
It has always been a constant challenge for us to deter bicycle theft and arrest bicycle thieves. - Sgt. Manuel Aguayo, UPD
” Student Health Center hosts
workshop on sexual violence by Chris Marian Staff Writer
On Friday, Sept. 23, three young women hosted a gathering at the Student Health Center to have an honest discussion about sex and sexual violence. “We want consent to be the first thing you do with your mouth,” said peer health educator Penny Speight, garnering laughs from her fellow speakers, DaShanna Jones and Monique McClanahan. Humor aside, teaching students the concept of sexual consent is something the three women said they take dead seriously. Speight, Jones and McClanahan all work for Wellness and Health Promotion Department, a subdivision of the Student Health Center, which has been hosting a series of events called the Peer Health Education Workshops on other health related topics for some time. “This presentation is actually something new,” Jones said. “We thought it was important to have this (workshop) on consent.” Before an audience of about twenty people, Speight, Jones and McClanahan explained sexual consent and its importance in having a healthy
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Spartan Daily Serving San José State University since 1934 Volume 137 / Issue 17
relationship. The audience included both men and women, mostly young students, and a handful of older people as well. “We like to say consent isn’t a contract,” Jones said, explaining how consent could be far more subtle and nuanced than a simple statement, and how one must be sensitive to the implicit as well as the explicit messages in an intimate relationship. The three young women covered topics connected to the act of consent as well, particularly the essential differences between a healthy and abusive intimate relationship. Intimate Partner Violence, as they called it, figured prominently in the discussion. Speight, Jones, and McClanahan described Intimate Partner Violence as an invisible epidemic that enters the public consciousness only when the acts of violence spill onto the street. They cited this summer’s murdersuicide in the 10th Street garage as a very public example of Intimate Partner Violence. Speight, Jones, and McClanahan explained that most sexual violence occurs within existing abusive relationships. They describe how popular media trends and antique chauvinistic cultural mores contribute to create an environment in which women are treated as property to be possessed and controlled – often with acts of sexual violence. Emotional violence can also be an important feature of an abusive relationship, Speight said. Several audience members shared anecdotes and personal observations of episodes of Intimate Partner Violence. Jones said the people who attend these workshops often have personal accounts of abuse, saying that coming to these workshops often brings these memories back.
SEE CONSENT PAGE 2
Robert Castaneda was leaving the gym on campus when he returned to find that a thief had stolen the back wheel from his bike. Several weeks earlier, a friend of Castaneda’s had their bike stolen from the same location. Castaneda, a sophomore environmental studies major, believes it was the lack of lights and cameras that allowed the wheel on his bike to be stolen. “It is ridiculous,” Castaneda said of bike rack safety. “It was dark and someone obviously had time — they wouldn’t have that time with lights on.” Bicycle theft is on the rise at SJSU, but there are ways to prevent it, said Sgt. Manuel Aguayo of the University Police Department. He explained the spontaneity of bicycle theft adds to the difficulty of prevention — even when it happens in front of students.
“We have had bicycles stolen in broad daylight with people walking in front of the bicycle racks while the thieves were doing their work,” Aguayo said, adding it can take as little as 15 seconds to swipe a bike. According to Aguayo, there have been 82 reported bicycle thefts so far this year, and there were 109 bicycle thefts in 2010. “Bicycle theft has always been an issue (on campus) — it has always been a constant challenge for us to deter bicycle theft and arrest bicycle thieves,” said Aguayo, adding that the campus police has made 15 arrests this year compared to 11 in 2010. He said most arrests occur around the Dr. Martin Luther King Jr. Library, as that is the one area with security cameras that can monitor the bike racks. Otto Melara, of Associated Students Transportation Solutions, said they have no way of warding off thefts in the cages other than to advise students on how to be safer. Associated Students has six cages around campus for SJSU students to protect and lock their bikes, he said — for a $50 deposit, students get a key and access to
SEE THEFT PAGE 2
Building fire releases low levels of chemicals Overheating wire blamed for melting plastic cover and setting room aflame by Jeremy Infusino Staff Writer
A recent report shows that air quality in Dwight Bentel Hall is safe for students, faculty and staff after a fire occurred in the building before the semester began. The fire occurred on Aug. 16 in Dwight Bentel Hall room 130, ten days before the fall semester started. Bob Rucker, interim director of the school of journalism and mass communication, said he was contacted that evening and came to campus immediately after hearing there was fire and smoke coming out of the windows in Dwight Bentel Hall. The fire was attributed to a wire overheating and melting its plastic wire coating, causing one of the many racks in the room to catch fire, he said. “When fire reaches a temperature that melts plastic, it was explained to me by the fire marshal who was here,
there are toxins that are released in the smoke,” Rucker said. “You smell smoke but you also have toxin residue that burns with that plastic and it was pretty strong.” After the fire was put out, he said SJSU officials brought in fans to air out the building and continued to do so for the next week. David Krack, director of environmental health and safety, is the person monitoring the air quality in Dwight Bentel Hall. He said an outside lab came into the building and cleaned from the night of the fire until Aug. 22. There is no universal measurement for what is considered clean or safe air, Krack said, and the lab tested the air quality inside room 130, the corridor of Dwight Bentel Hall and outside the building on the south side to compare. According to the report that was analyzed on Sept. 17, the amount of particles were enough to be detected but not high enough to be reported as a legitimate health concern. “Everything is a poison,” Krack said. “The only difference between a remedy and a poison is the dose.” According to Krack, the air ducts
and the walls primarily on the first floor of Dwight Bentel Hall will be wiped down and cleaned by Belfor Restoration, a company that analyzes and restores fire, water and storm damage. Junior journalism major Megan Rodriguez said she was not even aware there was a fire in the building. “If there’s any potential harm, it’s not OK,” she said. Rodriguez said she was living in Southern California at the time, and didn’t receive any notice about it. Jenae Jordan, a senior public relations major, said she read about the fire in an email. “I didn’t really think much of it,” she said. “It was really vague, that’s what I thought.” While sample tests have occurred since the fire and students and faculty have been occupying Dwight Bentel Hall, Krack said people would not be there unless the space is safe to occupy. He said they are considering doing more tests after the walls and ventilation system are cleaned but may not be necessary to retest considering the results from the last sample taken.
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Spartan Daily
CAMPUS VOICES
Wednesday, September 28, 2011
See Campus Voices online:
by Peter Fournier Photos by Jasper Rubenstein
spartandaily.com
If you could save one thing during a fire, what would it be?
SpartaGuide That’s a tough question. The guitar, I’ve had a lot of memories with that. It’s kind of meaningful. I named it after my grandma.
My bird. I have a cockatiel bird in my house. I’ve had him for about 10 or 11 years. I’d probably get him out first, depending how much time is left.
My cat. I love him. I would hate to see him die in my fire. To me he means more than a material object.
I’d probably have to take my replica Darth Vader make. I spent quite a bit of money on it so I want to make sure its going to be taken away, not burnt up in a fire.
Arone Lee Senior, Pictorial Art
Marco Sousa Senior, Pictorial Art
Natalie Aguilar Junior, Business Management
Jason Sessler Junior, Graphic Design
I actually thought of my phone first, which is kind of sad, but just to call people, and then I would probably try to grab my books. Elizabeth Real Junior, English
THEFT: Ease of robbery makes prevention difficult FROM PAGE 1 the bike cages indefinitely. Melara agreed with Aguayo that the bike racks located near the school library are a hot spot for bike theft and it makes sense for UPD to use a security camera there. “To get cameras on the cages would require a lot of capital obviously — capital that we don’t have, because this is a student funded organization,” Melara said. Marshall Hoaglan, a freshman engineering major who uses the A.S. bike cages, said he feels safe using the cages
but not at night. “I have a cable lock and it could get cut, but during the day time people would have to have balls to steal a bike,” Hoaglan said, adding he would have the same security leaving his bike overnight. Both Aguayo and Melara suggested students avoid using cable locks. Aguayo warned cable locks can be easily cut, allowing the thief to make off with a bike or parts. Instead, Melara said students can participate in the Associated Students U-lock exchange program.
At tabling events such as Bike to School Day, Melara said Transportation Solutions educates students on the safekeeping of their bikes as well as giving out U-locks in exchange for cable locks. “Students receive a stub in exchange for their old cable lock which they can redeem for a new U-lock within the week,” he said. Aguayo also said students should be aware of their surroundings and report any suspicious activity around the bike racks to the university police.
Colleges try new ways to keep students from dropping McClatchy Tribune Wire Service
BOSTON — Things were going well for Job Asiimwe as he approached his final semester at Bunker Hill Community College here last winter. Then a toothache almost derailed his college career. Asiimwe, an immigrant from Uganda who’s been on his own since age 19, was close to graduating. He had been accepted to a bachelor’s degree program at a college in Vermont and his plan to become a lawyer seemed within reach — until something in his mouth began to throb. He needed a crown on a tooth that had begun to decay. But the procedure cost $2,000, more than he earned in a month, and it wasn’t covered by insurance. As close as he was to graduation, he considered abandoning his studies so he could earn the money. Asiimwe was on the verge of becoming one of the surprisingly large number of American college and university students who fail to earn two-year associate degrees within even three years, or four-year bachelor’s degrees within six. “I don’t think many people know how sometimes just one medical event could affect your life,” said Asiimwe, now 22. Asiimwe was fortunate. Bunker Hill stepped in and paid for the crown with funds from a pool of foundation money. He
finished the semester, graduated in June, and has now begun work on his bachelor’s degree. “I’ve seen other students drop out, not because they can’t afford tuition, but they can’t afford the other costs of coming to college — rent, health insurance, transportation,” Asiimwe said. “I was lucky.” More and more American colleges and universities are recognizing that unexpected crises unrelated to academics are pushing people to drop out, especially as the economy stagnates. Under intense pressure from parents, taxpayers and politicians to improve abysmal graduation rates, the colleges are not only assuming a new role in helping their students over the bumps — they’re also keeping a close eye on students and even monitoring social media to detect early signs of trouble. “Our students are not sheltered from the economic problems of the country,” said Linda Byrd-Johnson, director of the U.S. Department of Education’s TRIO programs, which help low-income, first-generation and disabled college students. “These kids are just like everybody else,” she said. “Some of them are struggling to make ends meet.” The “Dreamkeepers” program that helped Asiimwe — underwritten by the Kresge Foundation, the Lumina Foundation for Education and the Walmart Foundation — as-
sists low-income students facing personal emergencies that could derail their graduation plans. Payouts average $500 but can be as small as $11 for a bus pass. (The Lumina Foundation is among the funders of The Hechinger Report, which produced this story.) Many such interventions have not been around long enough to concretely measure their success, but some have. A case-management system at Cedar Valley College near Dallas has decreased the dropout rate for students considered at risk from 53 percent to 40 percent, the university says. At Michigan Technological University in the state’s Upper Peninsula, a program started last fall to monitor and support faltering students reduced the number who were on the brink of leaving by 2 percent, according to the university. Scholarship America, a charity organization that runs Dreamkeepers and other scholarship programs, reports that the proportion of students who stay in school from one semester to the next after getting help from Dreamkeepers is 72 percent, compared with 50 percent for students who don’t receive such help. “Finances are the number one reason students drop out. It’s not just school finances — it’s life finances,” said Lauren Segal, president and CEO of Scholarship America. “It’s the day-to-day life experiences that
CONSENT: Abuse can go beyond the physical FROM PAGE 1 “It really hits people who have been in violent relationships,” she said. According to the speakers, IPV can have more insidious effects on its victims than physical injury, such as reduced academic or job performance, poor health, depression and posttraumatic stress disorder. Speight, Jones, and McClanahan said IPV often goes underreported because young people have become numbed to it by a popular culture which normalizes sexual objectification and violence. According to them, it’s important for partners in an intimate relationship to not only cultivate good communication, but also for the partners to maintain a strong sense of individu-
ality and self-worth, and not allow themselves to be dominated by an abusive partner, either physically or emotionally. They said they want people to leave their workshops at the very least better informed. “I want people to have tools so they can work with their own lives as well as others,” Speight said. McClanahan said he thinks that workshops and activities such as theirs at the Student Health Center go under-advertised. “Within the college campus, there are so many resources that students don’t know about,” she said. Speight, Jones, and McClanahan will be hosting their workshop again at the Student Health Center on Nov. 9.
are the hurdles students have to get over. And those don’t have to be big things. They can be small things — say, their day care goes up $100 a month, and that’s the make-or-break number.” Only 29 percent of community college students earn two-year degrees within three years, according to U.S. Department of Education statistics. At four-year universities, 57 percent of students complete bachelor’s degrees within six years. The Obama administration has called for raising graduation rates substantially by 2020. But about a third of students entering college today are the first in their families to go to college, according to the National Center for Education Statistics, and a quarter are both first-generation and lowincome. “A lot of the issues that (they) have are life issues, not academic issues,” said Ingrid Washington, vice president of student affairs at Gateway Community and Technical College near Cincinnati. Gateway loans laptops to students who can’t afford them and accepts donated clothes for them to wear to job interviews or to work.
China Centenary Wednesday, September 28, 2011 7 p.m. King Library room 225/229
“Can neutrinos travel faster than light?” Department of Physics and Astronomy Thursday, September 29, 2011 4:30 p.m. Duncan Hall of Science room 164
NASA’s Earth Observations of the Global Environment Lecture by Dr. Michael King Sustainability Matters Speakers Series Thursday, September 29, 2011 3 to 4:30 p.m. Morris Dailey Auditorium
Dance Lessons Ballroom Dance Club Friday, September 30, 2011 7:30 to 9:30 p.m. Spartan Complex room 89
Fall ’11 Job and Internship Fair SJSU Career Center Wednesday October 12, 2011 12 to 4:30 p.m.
SVCE Speaker Event: “Entrepreneurship and Innovation in Silicon Valley: the Past, Present, and Future” Monday, October 17, 2011 7:30 p.m. Ed Oates, co-founder, Oracle Corp. King Library room 225 / 229
SpartaGuide is provided to students, staff and faculty, free of charge. The deadline to submit is at noon, three working days prior to desired publication date. Entry forms are available in Spartan Daily, DBH 209. Send emails to spartandailyeditorial@sjsumedia. com titled “SpartaGuide.” Space restrictions may require editing or exclusion of submissions. Entry is not guaranteed. Entries are printed in order of which they are received.
Spartan Daily
Wednesday, September 28, 2011
SPORTS 3
Return to the pitch After missing last season with injury, Kelsy Holm is switching positions and embracing the change by Peter Fournier Staff Writer
Spartan senior Kelsy Holm has always put her team first and herself second. The women’s soccer team athlete battled through injuries and adjusted to various position shifts to become one of the most experienced players on the SJSU squad. “I know every position relatively well, some better than others, but wherever my coach wants me, I’ll play it,” said the 21 year old. The senior kinesiology major, who wants to be a sports psychiatrist, played centerback freshman year, switched to the midfield during her sophomore year and has been moved to forward for the 2011 season. Coach Jeff Leightman said Holm has adapted well to the many changes. “We can plug her in at different places and she gives us experience and composure,” he said. Holm said she injured her left knee in preparation for her junior season. During a match against CSU Bakersfield early in the 2010 season, Holm said she collided with an opponent. It turned out that Holm had missing cartilage in her left knee, which she said resulted in bone-on-bone grinding, forcing her to receive surgery to repair the damaged cartilage.
Since she was out for the season, Holm redshirted. Holm said she aggravated her knee injury earlier this summer, and is receiving Synvisc-One injections to be able to play this season. Synvisc, according to its website, is used treat osteoarthritis and is made “from a natural substance that lubricates and cushions your joint.” Holm said she will more than likely need surgery again once this season is over. “It’s difficult when you’ve been out with an injury,” Leightman said of Holm returning to the lineup. “It’s like coming in as a freshman.” Teammate Angela Santoro said Holm’s positive attitude really stands out. “She’s really helped other teammates even when she’s down herself,” Santoro said. “She’s someone that can push her own injuries aside and help other people.” Despite her knee problems, Holm went from recording shots on goal in her first few seasons to actually scoring her first collegiate goal, which she collected on her first shot-ongoal this year against UC Davis in August. “My idea was to go out there, pressure the opposing team’s defense as I hard as I could and try and force a bad clearance — which is what happened against the UC Davis goalkeeper. We were able to capitalize on it,” she said. “Anywhere my coach wants me to
Senior forward Kelsy Holm (front-right) practices with her teammates at Spartan Stadium on Tuesday. Surgery to repair missing cartilage in her left knee forced Holm to sit out most of the 2010 season. Photo by Dillon Engstrom / Contributing Photographer
play, I’ll play, and I’ll do my absolute best at it.” The way she scored her goal against the UC Davis Aggies showed it wasn’t her first time playing on the attack. “I took a lot of shots, but I’ve just always been a defensive-minded player,” Holm said of her first two years of action as a Spartan. “For me to score my first collegiate goal was really nice because I haven’t scored since high school, probably. It’s a good feeling, definitely, to help out the team in some way.” Holm said it was kind of odd when her coach first told her that he wanted to try her up at forward after playing mostly defense for the past few years.
Make it two in a row: SJSU men’s golf team victorious once again by Ron Gleeson Sports Editor
The SJSU men’s golf team captured its second win in as many tournaments this season Tuesday at the Dash Thomas Invitational in Eagle, Idaho. A one-over par round capped a tournament in which the Spartans finished 25-under par, 14 strokes lower than Western Athletic Conference foe Idaho. The victory at the par-71 Banbury Golf Course marks the first Senior Matt Hovan watching his shot during a round earlier this seatime since the 1993-1994 season son. Hovan tied for fith place, finishing at six-under par at the Dash Thomas Invitational. Photo courtesy SJSU Athletics. that SJSU has recorded two victories in a season. Sophomore Daniel Semmler led the Spartans in Head coach John Kennaday said the win came the final round with a one-under par score, bringing directly from hard work and practice, which enabled his total tournament score to two-under and giving the team to reach this achievement. him a tie for 11th place “Practice gives us courage, courage gives confiSophomore Justin Estrada shot a final round dence, confidence gives us results — which is what score of level-par, leaving him one-over for the tourwe got,” he said. nament and in a tie for 17th place. Kennaday added that although another win feels Senior Christopher Lang, who finished in third great for the team, they are determined to collect an- place in the Spartans’ first victory of the season at other victory this season. the Palouse Invitational, finished in 20th place. “We’re very happy with what we’ve done, but The Spartans also re-wrote SJSU record books not yet satisfied,” he said. “This is one of many good with the conclusion of the second round of the tourmemories we will draw this season.” nament. Kennaday said he is “extremely proud” of the “I am proud of our records,” Kennaday said. “But I team’s performance and added that these results are think I can speak for everyone is saying we still have a culmination of an immense amount of hard work a lot of work to do.” “It’s not just one thing, it’s a lot of things coming SJSU posted a 26-under par score of 542 through together,” Kennaday said. “These guys keep working the first 36 holes of play, shattering the previous their tail off and they never seem satisfied.” score of 553 set in 2006 at the Allister MacKenzie Junior Jay Myers was the low man for the Spar- Invitational. tans with a 10-under par performance, good enough The Spartans also recorded a second-round score for his second consecutive second-place finish. of 19-under par, breaking a 13-year-old school reKennaday said Myers has fought shoulder injury cord by eight shots for lowest single-round score set and has still been able to help lead this Spartan team. at the 1997 NCAA West Regional Championship. “I’m happy of the way his game is going,” KenOn top of shooting the lowest score in the tournaday said. “I’m excited about his prospects.” nament, SJSU led all schools in eagles with six; birdMyers held the lead entering the final round of ies with 60 and par-five scoring at 36-under. play, but a one-over round pushed him into a tie for Kennaday said the largest factor that made the second place. Spartans stand out from competition at the tournaSenior Matt Hovan was the only other Spartan ment is the attiude they each carry both on and off who finished in the top five. the course. His final round score of one-over par left him “Their great attitudes create the environment,” he at six-under for the tournament, tying him for fifth said. “They are eager to learn and extremely hardplace. working.”
“When you grow up playing soccer, especially when you’re at this level, you know how to play every position,” she said. “You’ve been there at least once before whether it’s a couple years ago, five years ago, 10 years ago. You know the main objective of it.” Holm said she played for the Arsenal Football Club in Temecula when she was growing up. One of the largest youth soccer clubs in the United States, Holm said she was a captain on her Arsenal teams for six years. “It was a great experience,” she said. “I loved my club coach, my club team. It was, by far, an awesome experience that got me to where I am today.”
Senior Kelsy Holm (left) at the women’s soccer team’s practice Tuesday. Photo by Dillon Engstrom / Contributing Photographer
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Spartan Daily
Wednesday, September 28, 2011
Supreme Court hears key case in ongoing immigration debate McClatchy Tribune Wire Service
While sophomore Derek Zhou, left, makes a sale, a crowd argues with former Regent Ward Connerly, seated, as the Berkeley College Republicans held a bake sale on the UC
Berkeley campus on Tuesday. The group held the bake sale with items priced according to ethnicity to protest affirmative action. Photo by Kristopher Skinner / MCT
Protestors swarm Berkeley Republican cupcake sale McClatchy Tribune Wire Service
BERKELEY, Calif. — What started as a satirical bake sale against racebased admissions turned into a massive rally on university diversity and affirmative action programs Tuesday as hundreds crowded Sproul Plaza on the University of California, Berkeley campus. The event was spurred by a bake sale run by the campus’ student Republican group, where baked goods were offered at varying prices based on the buyers’ gender, race and ethnicity. Ward Connerly, a former UC regent and the mastermind of the 1996 state law that banned race-based preferences, helped staff the bake sale table, holding discussions with students. “People have been mostly civil,� he said. “Back in 1996, believe me, this would have been a much more hostile situation. The issue is rapidly approaching the point of irrelevance.� The event was peaceful. At one point, hundreds of black-clad stu-
dents layed silently on the quad in a message urging the university to increase student diversity. One member of the Berkeley College Republicans said the event met its goal. “We’re having a lot of good dialogue with people, which is what we wanted,� said senior Andy Nevis, executive director of the Berkeley College Republicans. Still, hundreds of students decried the sale, which they call racist and demeaning. “It trivializes the struggles of people of color,� said Joey Freeman, vice president for external affairs for the Associated Students of University of California student government. “They’re taking it to the next level in an inappropriate way.� The ASUC passed an emergency resolution Sunday condemning discrimination against student groups, a direct response to the bake sale. The Republican group called the event last week to counterprotest ASUC’s support of a bill on Gov. Jerry Brown’s desk that would roll back some restrictions on race-based university admissions. Similar bills have
been vetoed in past years; a Brown spokesman would not comment on pending legislation. Across the quad from the bake sale, the ASUC manned its own table, urging people to sign up to call Brown in support of the bill. Freeman said “hundreds� have signed on in support. At the sale, cupcakes, cookies and muffins were selling well. Whites paid $2 per treat, while Asians paid $1.50 and African-Americans paid 75 cents and Native Americans 25 cents. Women got 25 cents off all purchases. The bake sale started at 10 a.m. with about 100 spectators, but the number had swelled to triple that size when morning classes ended around 11 a.m. “It just struck me as something very unusual,� said Catalina Saldivia, a junior peace and conflict studies major. “It made me really curious.� She noted that opinions on both sides of the issue aren’t dissimilar — both sides oppose discrimination. “I’m shocked that the reaction has been so negative,� she said, “but I think the tactic is not the best one.�
WASHINGTON — Carlos Martinez Gutierrez got caught smuggling three Mexican children into California. Now, his travails have reached the Supreme Court. On Tuesday, the court agreed to hear Gutierrez’s case and another that raise questions potentially crucial for other children of illegal immigrants. If Gutierrez wins, some immigrants may find it easier to avoid removal and stay in the United States. “The case is significant,â€? Gutierrez’s appellate attorney, Stephen Kinnaird, said Tuesday, adding that “you can have possible breakups of familiesâ€? in certain circumstances. Gutierrez’s attempted alien smuggling through the San Ysidro, Calif., port of entry in December 2005 does not, by itself, concern the court. Gutierrez’s subsequent efforts to avoid being kicked out of the country, however, matter a great deal. An immigration judge agreed with Gutierrez, a legal permanent resident, that he had lived legally in the United States long enough to deserve another chance after his 2005 arrest. The judge, later supported by the San Franciscobased 9th U.S. Circuit Court of Appeals, rejected Department of Homeland Security efforts to remove Gutierrez. In calculating Gutierrez’s legal residency, the immigration judge and the 9th Circuit included the years he spent with his family before he gained legal status on his own. The Obama administration argues this was too generous. Only Gutierrez’s time since he gained independent legal status should count, the administration says. “The practical consequences of the 9th Circuit’s aberrant ‌ rule are significant,â€? U.S. Solicitor General Donald Verrilli Jr. stated in a brief, adding that “it also impedes the government’s high-priority effort to remove criminal aliens.â€?
For good or for ill, the consequences will be particularly felt in California, Washington, Idaho and other Western states covered by the 9th Circuit, where Verrilli noted that nearly half of all socalled “cancellation of removal� applications arise. These are cases, like Gutierrez’s, in which immigrants seek to avoid being removed from the United States. Kinnaird, with the Washington, D.C.-based office of the Paul Hastings law firm, predicted that immigration advocacy groups and others eventually will weigh in with friend-of-the-court briefs. When the Department of Homeland Security wanted to kick Gutierrez out of the United States, he sought protection under a law that turns on how long someone has been in this country. The law permits a judge to cancel removal proceedings and let an immigrant stay in the United States if, among other conditions, the immigrant has been “lawfully admitted for permanent residence for not less than five years.� Gutierrez’s family entered the United States illegally in 1988 or 1989, when he was 5. In 1991, his father attained legal U.S. residence status. The family eventually ended up in the San Francisco Bay Area. In October 2003, Gutierrez attained legal U.S. residency at age 19. Two years after that, with his father disabled and his mother unemployed, he agreed to smuggle several minors into the United States in exchange for $1,500. Nonetheless, a judge ruled Gutierrez can stay in this country. “The parent’s admission for permanent residence (in 1991) was also imputed to the parent’s minor children,� Immigration Judge Zsa Zsa C. DePaolo reasoned. The Obama administration retorts that the clock for Gutierrez started ticking in 2003, as “the actions and status of others, including the alien’s parents, are irrelevant� in counting eligibility.
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ACROSS 1. “The Simpsonsâ€? cartoonist Groening 5. Send-up 10. Stand the test of time 14. Farm unit 15. ’96 presidential candidate Alexander 16. Soothing plant gel 17. Photographer’s favorite dessert? 19. Homey rooms 20. “___ Hawâ€? 21. Marina feature 22. Most demure 24. Jobs for musicians 25. Person with a big white hat 26. Bebe’s “Frasierâ€? and “Cheersâ€? role 29. Ingenious devices 33. Illogical 34. Coffee nickname 35. ___ of the above 36. Fake coin 37. __ stone (unchangeable) 38. Egg on 39. French papa 40. Ready an orange 41. Annoy 42. George Lucas movie 44. More difďŹ cult 45. Rules out 46. Belfry residents 47. Come up after a dive 50. Kind of package 51. Wall-bracket shape 54. Enthusiastic review 55. Umpire’s favorite dessert? 58. Brainchild 59. Greek letters 60. Dirty bathtub’s trait 61. Pocket protector wearer, in stereotypes 62. Watering hole items
Previous Puzzle Solved
63. Big diamonds DOWN 1. Jet speed unit 2. Aerobics class reminder 3. “But only God can make a ___â€? (Kilmer) 4. Tiger’s platform 5. Santa’s ride 6. Walks the oor 7. Sharif or Bradley 8. “Mightyâ€? ďŹ ne home for a squirrel? 9. Undergrad 10. Manicurist’s favorite dessert? 11. Aweather’s opposite 12. Your brothers, to your father 13. Kind of pilot 18. Bitter ill will 23. Adjustable dress feature 24. Ms. Rogers’ favorite dessert? 25. Type of servant or engineer
26. Speech impediments 27. Cove 28. Writer ___ Ingalls Wilder 29. Airport areas 30. Sounded like a pigeon 31. Ne’er-do-well 32. Jewish feast 34. Greetings for the villain 37. Barbecue shack snack 41. Mater’s partner 43. Droll one 44. Bother 46. Cartoon elephant 47. Land of leprechauns 48. ___-to-order (custom) 49. “Be it ___ so humble ¡â€? 50. Baby-faced 51. Grandiose 52. “Walk the ___â€? (2005 biopic) 53. Betty Grable’s were insured 56. Agricultural tool 57. Garment with underwire
OPINION
Spartan Daily
Wednesday, September 28, 2011
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WWE is all right with me There’s just not enough time By Peter Fournier
I like professional wrestling. Not the Greco-Roman, Olympic-style stuff, but World Wrestling Entertainment-style wrestling. Unfortunately, there aren’t many people that I know personally at SJSU who watch it. Telling people that I watch WWE programming usually gets a snicker in a tone that comes across as “Oh, you never grew up, did you?” Watching “Jersey Shore” or “The Real World” doesn’t do much either. WWE Superstar Mike “The Miz” Mizanin starred on “The Real World” before making it in the WWE, and worked his way up to being one of the company’s top wrestlers. But it’s safe to say that watching WWE wrestlers in the ring and performing their skits is much more of a show than almost any semi-reality show on television. For example, the company’s flagship show, “Monday Night Raw,” is recorded live, so while your favorite actors get a chance to ‘cut’ and do it all over again if they screw up, wrestlers don’t get that. If they screw up, there is no do-over. It goes out live on national television. The wrestlers also do their own stunts. They actually “fight” each other in the ring, with little to no editing involved. The blood is real, the hits are real.
Wrestlers are their own stunt doubles, and even Vince McMahon, the chairman of the company, has wrestled in the ring several times over the years. Where else do you see that? What other chairman of other corporations of that magnitude go out and risk injury? None. Albeit, the biggest difference between wrestling and regular television is that the WWE makes the majority of its cash on pay-per-view broadcasts. That could change with the rumored WWE Network set to be introduced sometime in 2012. Its been said the company will broadcast its big four PPVs – the Royal Rumble, Wrestlemania, SummerSlam and Survivor Series – on the network. Should the company do that, it could streamline wrestling for the foreseeable future and open up its biggest events to a crowd that doesn’t always have access to watch them. In terms of the actual product that’s been given to fans in the ring, it’s improved drastically in the past few months. The real turnaround started when CM Punk broke the “fourth wall,” the supposed wall between an audience and the performers, on an episode of Raw in June. Punk essentially railed against the company’s hierarchy of Vince McMahon, his daughter Stephanie and her husband, wrestler Triple H. Punk also criticized decisions the company has made in the past few months, like the fact that John Cena is always placed on a pedestal as the company’s trademark wrestler. Though the “shoot,” an unplanned event in wrestling
terms, was actually staged, not many wrestling fans could determine whether or not it was scripted for a few weeks. The shoot was centered on Punk’s contract situation. Punk’s contract was coming to an end, in actuality, on July 17. That happened to be the same day of the Money in the Bank PPV in Chicago, Punk’s hometown. The WWE made Punk the number one contender in the weeks leading to the pay-perview, with the hype around the title match with John Cena being whether or not Punk would leave the company with the title. The Punk storyline was genius. It resulted in a sold out Allstate Arena in Chicago, full of CM Punk fans who drowned John Cena in boos. Punk would win the title that night, and exit through the crowd, in front of McMahon who had tried to “screw” Punk from winning the title. Here’s the thing: McMahon would never allow another wrestler to leave his company with the title, because he’s had a women’s champion in the past dump her WWE title in a trash can live on WCW Monday Night Nitro (the WWE’s main competitors in the 1990s). But watching how much of a rebel Punk was in the lead up to the pay-per-view, and the lingering thought of if he actually resigned from the WWE was very entertaining. It’s story lines like that, which skim truth and fiction, that will keep me a WWE fan for the foreseeable future.
Spartan Daily Servingg San José State Universityy since 193 934
www.sp partandaily y.com Editorial Staff Francisco Rendon, Executive Editor Matthew Gerring, Managing Editor Jack Barnwell, Photo Editor Nic Aguon, Production Editor Leo Postovoit, Production Editor Ron Gleeson, Sports Editor Wesley Dugle, A&E Editor Nate Morotti, Opinion Editor Margaret Baum Opinion Editor Ryan Fernandez, Copy Editor Daniel Herberholz, Copy Editor Thomas Webb, Multimedia Editor
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learning how to manage my sleep schedule and the hardest school workload I’ve ever had laid upon me. Six pounds gone, but I survived, with a decent GPA at that. In the spring I started strong but petered out through the middle, especially in the period of Baha’i fast, when, for religious reasons, I did not eat or drink anything from sunrise to sunset. With my inexperience living alone, I was not organized enough to wake up in time to eat breakfasts for most of this 19-day period. Six pounds gone. Now, serving as an editor
By Francisco Rendon
So, I’ve lost about 15 pounds since this time last year. Call it the Transfer 15. When I got to SJSU, I was another in-and-out student, crashing with a friend in San Mateo and commuting to school two days a week. I was already a self-proclaimed boss at my community college, Contra Costa College, where I knew the president,
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however, these experiences have allowed me to learn things about myself I would never otherwise see. As I look back over the past year, I can clearly remember various points of crisis that made me panic and want to quit. It is these same points of crisis, however, that ultimately led to greater victory. A wise philosopher of our time — Chuck Norris — once said that pain is weakness leaving the body. In weight training, the pain one feels is often the muscles breaking down, so that they can regrow, stronger
...exercise has become a distant memory or a passionate fantasy...
most of the faculty and many workers in the Chancellor’s Office. The bachelor’s degree seemed like just another notch in the belt, another rung in a broken educational system that I had, for the most part, figured out. Fortunately, my professors gave me a large dose of humility. A month into the first semester, I realized commuting to school was a big challenge for someone used to being as involved in his campus as I was. Gratefully getting my stuff out of my friend’s house, I scanned the classifieds and found a place to stay. However, there was no heating and as winter rolled around I got quite sick, while
on the Spartan Daily, exercise has become a distant memory or a passionate fantasy, as I have to prioritize giving myself enough sleep to recover from regular 12-hour workdays. Three pounds gone, and counting. In schedules such as this, particularly in college, when there is simply not enough time to take care of everything in the day, one is forced to make compromises. One can either get eight hours of sleep or get up early to exercise. One can either get ahead on homework or spend limited spare time with old friends. One can either go grocery shopping or play music. It seems there is not enough time for both. Despite the weight loss,
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than before. Outwardly, these tribulations seemed to be terrifying and destructive to the comforts of day-to-day life, but inwardly they allowed for tremendous growth and happiness. Being able to move past these challenges and develop the qualities to face problems that, in the moment, seem insurmountable, seems to be the majority of what most of us end up learning at San Jose State. In retrospect, I wondered why more people didn’t tell me just how difficult the first year of transferring would be. But, upon further reflection, maybe it’s better this way. Welcome to this fall’s transfer students. Get ready for some growth and happiness.
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A&E
Spartan Daily
Wednesday, September 28, 2011
COMMENTARY
Discussion of the week: Is MTV still good for music?
Despite changes, channel still rocks
Network lacks what made it popular
byJeremy Infusino
by Christina Molina
Staff Writer
Staff Writer
MTV is the current home of reality television, but a few decades ago it was the home of music videos. Just because MTV does not show music as often as it used to does not make the station irrelevant for music — it is still a great place for artists to get exposure as well as for viewers to find out about new artists. Some may not be aware but there are still music videos shown at 3 a.m. on a show called AMTV. A lot of people will say that they are not awake that early in the “ante meridiem” which is understandable, but MTV does have two channels that show only music videos around the clock. MTV Jams and MTV Hits are two channels that show music videos all day, which I think is cool if you really want to see music videos but don’t want to watch YouTube videos on your computer. When I watch MTV Jams with friends we like to play a game and try to find the common theme in the videos. Sometimes Jams will play videos that have a subtle but common factor in a few videos and we try to figure out what it is. For instance, you might turn on the channel and see Waka Flocka’s video, followed by Ace Hood’s video followed by Rick Ross’s video and conclude that the common thread is all three songs were produced by Lex Luger. Tell me you would not have a good time playing this game with friends. The Video Music Awards or VMAs, if you live under a rock, is one of the most-watched award shows on television. According to Nielsen ratings, this year’s VMAs had 12.4 million viewers and 8.5 million were in the 12-34 demographic. Those are some big numbers — can you really argue that MTV is bad for music when it’s setting records? A lot of people watch the award show to see which artists would win in categories such as Video of the Year, Best Female Video, Best Male Video and Best New Artist. I mean seriously, the Best New Artist
Before I begin my rant, I will say that I really enjoyed MTV at one point. I enjoyed the MTV that would televise the hottest and newest music videos and often show concerts and interviews with artists and producers. How did we go from that to teen pregnancies, teen wolves and teen soap operas? I will say that the entertainment factor comes into play but to what extent? If MTV is so desperate to pull in ratings, offer a little bit of ridiculousness but don’t allow it to take over the entire basis of your network. When the first music video aired on August 1, 1981, on MTV, the world of music changed, creating a revolutionary source for viewers to experience the music industry’s best and latest. That concept has been lost and that for me is simply disappointing. MTV is a terrible source for music and has been for years. Maybe it is the decrease in music videos or the increase of nonsense shown but the fact is that MTV is a dagger to music and culture. The fact that MTV rarely plays music on its channel these days has to be the biggest ripoff on television. Pardon me for believing that a network called Music Television would actually play music for its viewers. I must have been blindsided by its hit shows about underage parenting and televised intoxication and indecency. I understand the concept behind this — MTV needs to draw in young viewers with outrageous programming. However, this idea of desperate attentiongrabbing through shows has become old to me. We’ve seen it on “The Real World.” Now we see it with the Real World and Road Rules cast challenges, “Jersey Shore” and “Awkward.” It is easy to argue that MTV hasn’t completely neglected its roots. For example, AMTV is still an active part of the network’s schedule. From 3 to 9 a.m., the MTV line up includes
Nate Mendel and Dave Grohl, from the band Foo Fighters, accept the award for Best Rock Video for their song “The Walk” at the 2011 Video Music Awards. Photo courtesy of mtv.com
category is decided by fans who cast their votes. It’s no secret that MTV is not the same channel that it was 30 years ago. Back when MTV was still referred to as music television the station actually had trouble filling a whole day with music videos. Can you imagine if you had to listen to “Teach Me How to Dougie” on steady rotation today? Now the channel doesn’t need to fill 24 hours of airtime with music videos. It is a strong enough channel that it can show music videos at 3 a.m. and some people still watch, albeit those people are insomniacs. I enjoy watching guilty pleasures such as “Jersey Shore” just as much as anyone else, maybe more, but I don’t think the fact that MTV has a lot of reality programming makes it any less important. MTV might not show as many music videos as it used to in 1981 but that does not mean it is bad for music.
Vinny and Pauly D as seen on the MTV reality show “Jersey Shore.” Photo courtesy of mtv.com
music videos and performances from popular artists. However, forgive me if I am not jumping for joy on the fact that I would have to be up in the wee hours of the night to enjoy something MTV should commit to providing on a regular basis. I think MTV lost most credibility in November 2008 when Total Request Live, widely known as TRL, was canceled. In my eyes, TRL was the last good thing MTV had going for itself as far as connecting viewers to their favorite artists and music. MTV has done well at expanding through its website and digital cable channels such as MTV2, MTV Hits and MTV Jams. These channels are exciting for music lovers but how enthusiastic can someone be if these channels are inaccessible? I am one of those disappointed people who can’t afford premium channels on my $0 salary. The culture of music can no longer rest in the hands of MTV for the simple fact that it does nothing for music but use it as a time slot for those sleepless hours. If this is what the renowned music network has come to, it is possible that MTV is not a music network at all.
MUSIC REVIEW
J. Cole’s first album drops cool beats and delivers to fans by Scott Semmler Staff Writer
Jermaine Cole, better known as J. Cole, released his highlyanticipated debut album on Tuesday titled Cole World: The Sideline Story. For people who have waited what seemed like forever, it is finally here. What makes this album special is the journey it went on to get to its release on Sept. 27. The record has been four years in the making and his fans have been eagerly anticipating his first album every step of the way. Cole first made news in 2007 when his first mixtape, The Come Up, quickly became a fan favorite. The mixtape was released a year after he graduated magna cum laude from St. John’s University. Two years later, he released his second mixtape, The Warm Up, to critical acclaim. One specific song struck the liking of hip-hop megastar Jay-Z, titled “Lights Please.” Based on the song, the Roc Nation president made Cole his first signee to his new label. In 2010, Cole released yet another mixtape, Friday Night
Lights, which he had initially created to be his first album. After he decided he was not pleased with the overall record, he released it as a mixtape. The response to the first three mixtapes was enormous and Cole developed a massive following. Ten months later, Cole has released Cole World: The Sideline Story to an ever-increasing fan base waiting to hear an album four years in the making. The bottom line is that whenever you have a legend like Jay-Z on your debut album, you know the artist is something special. J. Cole does not disappoint. Cole World: The Sideline Story is an 18-track lyrical symphony grouping Cole’s standard ’90’s sound with some of the best produced beats the hip-hop game can offer. The album is a mix of old favorites from Cole’s previous mix-tapes, including “Lights Please,” which he claimed in 2009 would be on his debut album no matter what, considering how it helped him rise to fame. The album also features appearances from notable artists such as Trey Songz, Drake, and Missy Elliot, along with Jay-Z who appears on the track “Mr.
J. Cole is an up-and-coming hip-hop artist who had previously released three mixtapes. His new first album Cole World: The Sideline Story was released Sept. 27 at the top of the charts. Photo courtesy of jcolemusic.com
Nice Watch.” Lyrically, Cole’s work on the album can be described as uniquely entertaining and a style linking him to legends Jay-Z, Eminem and Nas. His style is a combination of visuals and storytelling, a good example of which comes in “Lost Ones,” in which he raps about a young couple going through the experience of learning that they are pregnant. Other good examples of his unique lyrics are the tracks “The Sideline Story” and “Dollar and A Dream III.” The beats, produced mostly by Cole himself, are unlike any we have heard from mainstream hit-makers on the radio. As previously mentioned, Cole’s musical style is straight out of the 1990s, with exotic melodies intertwined with contagious head-nodding beat. Such tracks as “Rise and Shine,” “God’s Gift” and “Mr. Nice Watch” are clear examples of the music behind the lyrics
being above and beyond what other artists are doing these days. My personal favorites include the three tracks previously mentioned as well as “Cole World,” “Can’t Get Enough” and “Nobody’s Perfect.” Cole’s use of creative lyrics mixed with a contagious beat and hook are what will make these tracks timeless. What Cole does avoid is what up-and-coming artists tend to conform to – making songs suitable for the radio and the everyday mainstream listener. In return, the artist on the radio sees his name in lights and paychecks in the mail. However, Cole stays true to his roots in his debut album, which is one reason for potential rise to hip-hop glory. Cole World: The Sideline Story is a veteran-like album by a fresh-faced artist showing clear signs of the next big thing in hip-hop.
Cole World: The Sideline Story is an 18-track album which includes performances by other notable hip-hop artists such as Jay-Z, Trey Songz and Missy Elliot. Photo courtesy of jcolemusic.com