Friday, May 01, 2009

President Obama, Pick Kathleen Sullivan For Supreme Court Judge

 

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Supreme Court Judge David Souter plans to retire at 69 years of age, according to Nina Totenberg of National Public Radio and which she announced today. President Barack Obama has a great opportunity to begin to remake the Supreme Court by installing a real legal scholar who's work and life has impacted many people. That person is Professor Kathleen Sullivan.


Professor Sullivan, like President Obama, is a constitutional law scholar which means she focuses on the interpretation and implementation of the U.S. Constitution. The importance of that can't be understated as we see a flurry of new laws to control speech and behavior (think laws curbing the use of "cuss" words for example) and their conflict with civil liberties. And as the Supreme Court is the place for the consideration fo the U.S. Constitution, it's logical to have a constitutional law professor on the bench.

But who is Kathleen Sullivan?

Professor Sullivan is 53 years old and was born August 20, 1555 in Michigan. She went to Cornell, then to Oxford, where she was a Marshal Scholar, and finally earned her J.D. at Harvard Law School in 1981. It was there, the legendary Professor Lawrence Tribe called her the most extraordinary student he ever had. She's a co-author of the casebook "Constitutional Law" as well as several other books including "The New Federalist Papers."

The person named one of the 100 most influential women in business was Dean of The Stanford Law School from 1999 to 2004 where she recruited such legal luminaries as cyberlaw expert Larry Lessig, raised over $63 million, and established a clinical law practice in East Palo Alto to give students more real world experience. After her time as Dean, she established a new center of constitutional law.

As a private practice lawyer, Ms. Sullivan has a diverse client list, from Republican Senator Mitch McConnell to the City of Honolulu, ABC Television, Hearst Publications and the San Francisco Chronicle in the BALCO case, and Siebel Systems, to name some of them.

She is perhaps the best intellectually qualified person to replace Justice Souter. Her work, particularly in the New Federalist Papers, reveals a mind able to grasp and explain the interplay between technology, social change, and The Constitution. Kathleen Sullivan is the perfect choice and the fact that she's lesbian should not be an issue for anyone.

.

Wednesday, April 29, 2009

Page Mill Properties, Zennie Abraham, and Middle Ground

 

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I just received a call from Paul Hogarth who's a tenant activist, lawyer and a singer. He seemed interested in why I would write anything even half-way supportive of Page Mill Properties, which has been embroiled in controversy surrounding tenants and the rent control system in East Palo Alto. To recap, Page Mill Properties now owns over 1,700 units that they took over (not built) and rehabilitated. I got a tip that was a hot story and so went down to get information via video. What I found was that Page Mill would talk to me but the tenant activist at the center of the story, Chris Lund, would not.

That did not stop Lund from calling me every day sometimes four times a day asking about my association with Page Mill. Each time he never wanted to go and talk with me on the record. Then via a weird set of associations, Julian Davis who I helped on the Prop H Campaign told Andy Blue that I was a paid blogger and so must be in this case -- not true. Again, at the time, no one from the tenants side would talk to me, and Page Mill did on video.

I've called Tenants Together and hope that they will sit down with me; I'm told by Page Mill Properties Tenants Together has never sat down with them to help resolve anything at all. But as for Paul, I think he's less interested in telling the story which includes the East Palo Alto Redevelopment Agency and more interested in shutting me up.

As for me, and perhaps this will help, I'm pro-developer and pro-Redevelopment Agency but not anti-tenant. I believe governments should do the work of making it affordable to develop and maintain affordable rents. My good friend Kofi Bonner runs Lennar Development here in San Francisco and while the project is not perfect and the Redevelopment Agency needs to merge all of their project areas (more on that latter) I know what the issues are and how to solve them. I am an expert on how redevelopment agencies work and what they do. I know how to make and read housing development balance sheets. And I have a right to my point of view without harassment.

Paul Hogarth can try to shoot this messenger, but I'm going to keep talking and pointing a finger at the East Palo Alto Redevelopment Agency.

What bothers me most is every week I get an email from someone using the "N" word and that I can't identify. Hogarth asked me "Why are you with SFGate?" as if I should not be here and while I don't think it's him or anyone associated with him, given their behavior how do I know?

What's going on, I do not know.

It's not a good thing to have to delete these emails let alone get them; how do I know where they come from, especially if I get weird treatment from activists? As to how I make money, I'm a YouTube Partner. More about that later.

Susan Boyle v. Hollie Steel? Boyle Should Quit BGT Now!

 

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The Worldwide sensation Susan Boyle, who was discovered to rave reviews on the show Britains' Got Talent is now faced with her second "big challenger" in as many weeks on the show, 10-year-old Hollie Steel and a process that threatens to dampen Boyle's chance for real success. The small girl from Britain wowed the crowd last Saturday on yet another show.



Steel makes the second talent to emerge as a possible challenge to Boyle for the winner of the competition in as many weeks, as we were introduced to 12-year-old Shaheen Jafargholi just the weekend before, and calls into question the ability of Boyle to maintain the high level frenzy that catapulted her to stardome. What I fear is that as BGT rolls out new challengers, Boyle's ability to capture a high dollar record deal will be impacted. The only solution for Boyle is to drop out of Britains' Got Talent, and sign a record deal before the end of May.

Why the end of May?  It's simple. 

Because to date this entire affair has been engineered by the producers of BGT, who taped the show in January and are engineering the release of auditions and information on all of the talent that appeared, including Susan Boyle. With each passing week that a new talent is trotted out, two things happen: 1) the appetite people have to see her online lessens, and 2) the new talent draws the attention of the people who were hungry for more of Susan's voice, but weren't getting it.

By quiting BGT, Boyle takes the PR control away from that show's producers and puts it into her lap. She can take advantage of this by recording one or who "teaser" songs and putting them on YouTube and other video distribution channels, and working on a record deal that will fetch more money now that one two months from now.

I think Ms. Boyle's brother is right on. Susan Boyle, while you're out on that date with BGT Judge Piers Morgan, talk to him about getting you out of BGT (after all, he just said you would not win it) and into a record deal so we can hear more of you before it's too late and the system eats what it created.

Ah, that's you.

Tuesday, April 28, 2009

NFL DRAFT Sets record for Viewership and Internet page views

Record 39 Million Fans Tune Into 2009 NFL Draft On NFL Network, ESPN & ESPN2
04/28/2009
FOR IMMEDIATE RELEASE
4/28/09



RECORD 39 MILLION FANS TUNE INTO 2009 NFL DRAFT
ON NFL NETWORK, ESPN & ESPN2

First-Round Coverage Outdraws All Weekend
Basketball, Hockey & Baseball Games

Fans Spend More Time on NFL.com


A record 39 million viewers tuned in to watch the 2009 NFL Draft on NFL Network, ESPN and ESPN2, according to Nielsen Media Research. The total audience for the 2009 NFL Draft is an increase of nearly 2.5 million viewers from 2008 and tops the record of 38 million viewers set in 2007. Total NFL Draft viewership has increased 66 percent from 2001 to 2009 (from 23.5 million to 39 million).

First-round coverage of the Draft drew a combined average viewership of 6.3 million viewers on ESPN and NFL Network – exceeding the average viewership of the ESPN Sunday Night Baseball (Yankees-Red Sox; 4.6 million viewers), FOX’s Saturday Baseball (Yankees-Red Sox and Cubs-Cardinals; 4.1 million) and all other weekend NBA and NHL playoff action (topped by NBA Playoffs First-Round Game 4 on ABC, Cavaliers-Pistons; 5.4 million viewers).

Fans visiting NFL.com on Draft weekend spent a record average of 45 minutes on the site – up 153 percent from a year ago. Visitors to NFL.com over the weekend increased 28 percent over 2008 while video streams accessed were up 65 percent. In addition, fans viewed three times more NFL.com Draft content on their wireless devices than a year ago.

More than 48,000 fans followed the NFL Draft via the NFL's Twitter pages. NFL Commissioner Roger Goodell's Draft tweets were read by 3,690 followers. NFL Network's Rich Eisen drew 4,383 followers and posted 309 updates throughout the network's two-day draft coverage. NFL Network analyst Jamie Dukes had more than 1,500 followers.

Oakland A's Owner Wolff's Anti-Oakland Words Called "Sob Story" By Oakland City Attorney


 

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In a strongly worded letter I just received as of this writing from the office of Oakland City Attorney John Russo (and is reproduced in full at the end of this post), Oakland's lawyer penned what is without a doubt the strongest attack on the Oakland Athletics attempts to leave Oakland by and Oakland City Official. Russo writes:


Oakland A’s managing partner Lew Wolff is a talented and smart businessman.


But if Wolff thinks anybody is buying his sob story about why the A’s have to leave Oakland, he’s seriously underestimating the intelligence of the team’s fan base, the press and the people of this city.
 
Oakland City Attorney John Russo with me in 2008 in his office. 


What started this has been a process of dissing and trying to excavate the team from Oakland almost since it was sold to Ken Schott and Steve Hoffman after the beloved Haas Family sold the organization in 1994; Schott and Hoffman then sold the team to the ownership group headed by Wolff. In fact, the Haas family put the team up for sale under the condition that it remain in Oakland; a desire basically ignored by the last two ownership groups, at least by their actions.

Schott and Hoffman entertained the idea of moving the A's to Sacramento as far back as 1996, (and I know this personally because when I was Economic Advisor to Mayor Elihu Harris I met John McCasey, who was then and still is now the Executive Director of the Sacramento Sports Commission at a Cal Football game, and who sold me openly they were trying to lure the organization out of Oakland and the owners were receptive; news I quickly communicated to Mayor Harris.) Mr. Wolff and his operatives have - according to a source via email - talked with San Jose officials about moving the A's there as far back as just after they gained control of the Oakland A's in 2005.

That means the "moves" Wolff was making to keep the A's in Oakland were for all practical purposes not "real" and considering the impossible timetable Wolff gave the City of Oakland to come up with a development plan, then the politically unrealistic one that Wolff wanted which called for the relocation of 80 businesses, it seems Oakland was being "played" all the time.

That, and other actions including my intelligence that the current meetings with the Major League Baseball Committee regarding assessing Oakland's ability to be a host for a baseball team aren't going well, and you have Russo's tirade of a letter. He also writes:

Here is the truth: A’s owners and Major League Baseball have been plotting to abandon Oakland for at least 10 years. They have never been partners in the city’s efforts to build a new stadium and keep the franchise in Oakland.

Collusion between A’s owners and the league has been evident since 1999, after a settlement gave Oakland and Alameda County the right to force a sale of the team to different owners. A team of buyers committed to keeping the club in Oakland stepped up and a price was set. But, for the first time in anyone’s memory, Major League Baseball denied the transfer of a franchise to a qualified ownership group.

City leaders – former Mayor Jerry Brown and former City Manager Robert Bobb – even tried to attend a baseball owners meeting to present the plan to transfer ownership. But they were treated as presumptuous interlopers and denied the opportunity to pitch the plan. The Lords of Baseball made it clear that they do not see American cities as partners, but rather as ATMs that exist to provide them with ever greater amounts of taxpayer dollars.

I exchanged text messages with Russo to determine if this meant the City of Oakland was preparing legal action against the A's and Major League Baseball. He wrote: "I was thinking about other interested parties who might feel that an A's move to San Jose would violate that interested parties contractual rights."

He means the San Francisco Giants.

The Major League Agreement, which governs the actions of Major League Baseball and its member organizations, spells out exactly what counties in the San Francisco Bay Area belong to the Giants:

The Giants' territory includes San Francisco, San Mateo, Santa Cruz, Monterey and Marin Counties, plus Santa Clara County with respect to another major league team.

Again, read that. Santa Clara County includes San Jose. Thus, San Jose is the San Francisco Giants' official territory, a fact that seems lost on some media types down there.

And with respect to the A's..

The Athletics' territory includes Alameda and Contra Costa Counties;

Now many observers will say that all the Athletics brass needs is for 75 percent of the owners of Major League Baseball to approve the move, but a little known rule "52" blocks that action allowing the Giants to block the move of "any major league or minor league team from playing within 15 miles of its territory without permission."

The Giants could argue the A's are already within their territorial limits established by Rule 52 and any closer move into it would be economically harmful. But what's more important and interesting to me is the possible joint legal assault this seems to signal, one pitting the Giants and the City of Oakland against the Oakland A's and Major League Baseball. With such heavy-hitters as Senator's Boxer and Feinstein on the side of the City of Oakland and the San Francisco Giants, and the City and County of San Francisco, I would not bet against them.

Here's Russo's full letter:

Keeping the A's in Oakland
By City Attorney John Russo

Oakland A’s managing partner Lew Wolff is a talented and smart businessman.

But if Wolff thinks anybody is buying his sob story about why the A’s have to leave Oakland, he’s seriously underestimating the intelligence of the team’s fan base, the press and the people of this city.

Wolff has been telling reporters and anyone who will listen that the A’s have done everything possible to build a new ballpark and stay in Oakland. As Wolff put it in a recent press release, the team has “exhausted (its) time and resources over the years” with the city.

Claiming the A’s have made an exhaustive effort to stay in Oakland is like George W. Bush saying he did everything he could to stay out of Iraq – it’s not a “reality-based” statement.

Here is the truth: A’s owners and Major League Baseball have been plotting to abandon Oakland for at least 10 years. They have never been partners in the city’s efforts to build a new stadium and keep the franchise in Oakland.

Collusion between A’s owners and the league has been evident since 1999, after a settlement gave Oakland and Alameda County the right to force a sale of the team to different owners. A team of buyers committed to keeping the club in Oakland stepped up and a price was set. But, for the first time in anyone’s memory, Major League Baseball denied the transfer of a franchise to a qualified ownership group.

City leaders – former Mayor Jerry Brown and former City Manager Robert Bobb – even tried to attend a baseball owners meeting to present the plan to transfer ownership. But they were treated as presumptuous interlopers and denied the opportunity to pitch the plan. The Lords of Baseball made it clear that they do not see American cities as partners, but rather as ATMs that exist to provide them with ever greater amounts of taxpayer dollars.

A few years later, when Oakland hired HOK, the nation’s most respected stadium architects, to look at possible sites for a new ballpark, the A’s refused to provide any support for the firm’s search. The city brought together a commission of business and community leaders to work on options for a new stadium, and spent hundreds of thousands of dollars on staff time and consultants. However, the team demonstrated no interest in the process or in the architect’s favored site – a spot in downtown Oakland, next to two BART stations, with enough land for the city and the team to build a dream ballpark. Instead of a new ballpark at the site, we now have condos.

It’s telling that Wolff’s only proposal to stay in Oakland depended on the city using eminent domain to take the property of about 100 blue-collar businesses in East Oakland. The proposal came in August 2005, just two months after a Supreme Court ruling – Kelo v. City of New London – that decidedly turned the public against the use of eminent domain for private development. Wolff is too smart to not know that his proposal was totally unrealistic.

Mayor Ron Dellums and other Oakland leaders have made it clear that the city is prepared to continue working on feasible options for a new ballpark.

Moving the A’s to San Jose – which is contractually Giants territory – would require a special deal with Wolff’s old fraternity brother, Baseball Commissioner Bud Selig. Such a deal would be a blatant example of collusion in baseball and would likely be tied up in court for years.

The idea that the A’s have made a real, exhaustive effort to stay is disingenuous at best. With some imagination and a real partnership among the city, the business community and the ball club, the A’s could build a new ballpark and remain the team of the people of the East Bay.

It shouldn’t take an act of congress to compel the Lords of Baseball to give Oakland a fair shot.

Oakland A's On SFGate.com

FBI Arrests Oklahoma Teabagger For Twitter Threats

An Oklahoma City man who announced on Twitter that he would turn an April 15 tax protest into a bloodbath was hit with a federal charge of making interstate threats last week, in what appears to be first criminal prosecution to stem from posts on the microblogging site.

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The Daily Show on Bachmann “speaking crazy to power”

“Minnesota Representative and free-range cougar” Michele Bachmann got prominent play on The Daily Show last night as a key example of conservatives “speaking crazy to power.” At 2:50 into the clip (below), host Jon Stewart plays Bachmann’s recent comments that an expansion of the AmeriCorps program might lead to PC “re-education camps.”

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Judge Says It’s "High Time" We Legalized Marijuana

A state lawmaker from San Francisco has introduced legislation to decriminalize marijuana and regulate it like alcohol. It has been endorsed by a retired Orange County judge who used to be a federal prosecutor. In his view, it's 'high time' -- so to speak -- for another approach to marijuana.

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How an FBI agent got Abu Zubaydah to talk without Torture.

‘We Could Have Done This the Right Way’

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GOP Legislators Fought Pandemic Preparedness

When David Obey (D-WI), a longtime champion of pandemic preparation, included $900 million for that purpose in the stimulus package, he was ridiculed by conservative operatives and congressional Republicans. The Republicans essentially succeeded: the Senate version of the stimulus included no money whatsoever for pandemic preparedness.

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Fox manipulates Obama video to produce false quote

During the April 24 edition of Fox News' Special Report, White House correspondent Wendell Goler cropped a comment by President Obama and took it out of context -- effectively reversing the statement's meaning -- to falsely suggest that Obama supports creating a health care system "like the European countries."

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Arlen Specter To Switch Parties ... Dems now filibuster-proof!

Pennsylvania Sen. Arlen Specter will switch his party affiliation from Republican to Democrat and announced today that he will run in 2010 as a Democrat, according to a statement he released this morning. Specter's decision would give Democrats a 60 seat filibuster proof majority in the Senate assuming Democrat Al Franken is eventually sworn in.

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