December 2011 - Davis Vanguard

Off-Topic Column – Redevelopment Fall Out, UC Davis Impact, Death Qualification, And Burger King Robbery

By David GreenwaldDecember 31, 20117 comments

Redevelopment Fallout

The first of many takes on redevelopment comes from the Sacramento Bee, one of the few entities critical of the existing system. They argue the Supreme Court “delivered a complete rebuke to cities and redevelopment agencies, deservedly so.”

Unlike many, who see the graveyard for urban renewal, the Bee sees this as an opportunity for Governor Jerry Brown – “an opportunity to restore the worthwhile aspects of redevelopment and, perhaps, use the opportunity to take a new look at how tax money is distributed.”

Ten Most Read Vanguard Articles in 2011

By David GreenwaldDecember 31, 201117 comments

This is always a somewhat surprising list, in part because the link between the number of comments is not always direct with readership. The stories that are often most read have broader appeal, while the stories that are most commented on have narrower appeal to our community and our readership.

The other factor is also time, the longer the articles have been up on the site, the more read they may be. The two most-read stories this year both focused on the water issue, but not the one that has dominated headlines late this summer and fall, rather the Conaway Deal from last winter.

Split Court Decision Allows For the Elimination of Redevelopment but Not Compromise Bill

By David GreenwaldDecember 30, 201132 comments

In what has been billed a significant victory for the Jerry Brown administration, the California Supreme Court ruled on Thursday that the state could eliminate redevelopment agencies, thus paving the way for the state to divert money from local redevelopment agencies in an effort to balance the current budget.

The court would rule that the actions taken by the legislation represent “a proper exercise of the legislative power vested in the Legislature by the state Constitution.”

A Look At Yolo County’s Brady Policies

By David GreenwaldDecember 30, 201112 comments

Yesterday’s story on Michael Morton and the story that emerged earlier this year. when the US Supreme Court ruled that the prosecutors in the John Thompson case could not be held liable for the destruction of evidence that was used to wrongfully convict Mr. Thompson, lead us once again onto the path of looking into ways to prevent wrongful convictions.

Since the 1963 US Supreme Court decision in Brady v. Maryland, the courts have held that prosecutors cannot withhold exculpatory evidence – evidence that could potentially exonerate a defendant – as it violates due process “where the evidence is material either to guilt or to punishment.”

Getting Joe Arpaio in Sync with the Constitution and Away from Racial Profiling

By uptownstudiosDecember 29, 20110 comments

by Steve Gosset,
ACLU

The rule of law and how Maricopa County Sheriff Joe Arpaio runs his office are often mutually exclusive.

Arpaio, whose jurisdiction includes the sprawling Phoenix metropolitan area, has been labeled by supporters as “America’s toughest sheriff.” Unfortunately, he achieved that moniker by routinely violating the human rights of jail inmates and ignoring the constitutional protections of those he swore to protect.

Criminalizing the Homeless: Sacramento Moves to End Tent City

By David GreenwaldDecember 29, 201142 comments

Throughout the Occupy Movement, I have heard some interesting comments, such as “The camps have become a place where the local homeless population has taken up residence.” As if homeless people somehow do not have legitimate grievances with their government.

Worse yet, many cities have used statutes designed to prevent the homeless from camping in public parks and other public areas to arrest protesters. I say worse yet, because missing in this discussion is one of the major disgraces of the latter part of the 20^th century and early part of the 21^st century – the rash of homelessness in our society, our acceptance of homelessness as normal, and the criminalization of homelessness by cities.

Attacking Prosecutorial Misconduct

By David GreenwaldDecember 29, 20116 comments

In October, Michael Morton walked out of a Texas Courtroom after his 1987 murder conviction was overturned because of new DNA evidence pointing to another man.

To his credit, Williamson County District Attorney John Bradley joined with the Innocence Project in seeking Mr. Morton’s release, after it was discovered that the DNA of an unnamed male was linked to the Morton crime through a bandana that also contained the blood of the victim, and was also found at the scene of a later murder in Travis County. The unnamed male is now under investigation for both crimes.

Bikes versus Everything Else: Davis’ Dual Personality

By David GreenwaldDecember 28, 201139 comments

Last week we received a press release from the City of Davis announcing that they will be closing the western bicycle path on Lake Boulevard, between Marina Circle and the Stonegate Country Club Entrance, until further notice. The path is unsafe due to the upheavals in the asphalt from the nearby stone pine trees.

The release goes on to explain that the city will be blocking the bike path and southbound cyclists will be directed to use the southbound bicycle lane. Northbound cyclists and pedestrians will be directed to cross Lake Boulevard and use the eastern path.

Changing the Laws to Protect Children

By David GreenwaldDecember 28, 20112 comments

It was an all too familiar story that appeared in Monday’s Sacramento Bee which explored the reasons why Child Protective Services decided to return a child to her parents, despite all common sense and reason that suggested they do otherwise.

The specifics in this particular case are horrific. A one-year-old baby drowned in the family’s backyard swimming pool in late 2006.

Need a Last Minute Tax Write-off?

By David GreenwaldDecember 27, 20110 comments

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Commentary: A Different Approach To Regulating Plastic Bags

By David GreenwaldDecember 27, 201156 comments

There is a running thread in the commentary I have seen opposing plastic bag bans – many are acting as though this was an idea invented in Davis, and thus ludicrous. The fact is that there is a whole movement toward banning the use of one-time plastic bags and it is part in parcel with the general move against the use of non-renewable resources that fill landfills and do not biodegrade.

There have been almost knee-jerk reactions against such moves as excessive and unnecessarily burdensome. The biggest problem with environmentalism in a free market economy is that the free market does not account well for external costs – that is, costs that do not directly impact the production and consumption of the product but impose an impact on the economy nevertheless.

A Davis Water Plan to Move Forward

By uptownstudiosDecember 27, 201166 comments
by Brett Lee

As a candidate for city council, I have been asked for more specifics on my thoughts on the proposed surface water project. I have already written about my view that conservation and efficiency should be at the heart of any water project for our community. I do not believe it is something that we should try to “bolt on” later. To maximize our cost savings and reward efficiency and conservation, it is best that conservation and efficiency be built in from the very beginning.

As far as the “official” water project proposed by the City Council, I will try to directly state my views.

Sunday Commentary (on a Monday): An Old Fashioned Pitch-Battle Over Growth and Land Use

By David GreenwaldDecember 26, 201122 comments
Forget the Davis City Council, the most compelling electoral battle this year will be for the 5^th Supervisorial District, where two heavyweights will slug it out over the most contentious of all local issues – land use.

While Measure J has muted the issue of growth in Davis – and that issue has even been supplanted, at least temporarily, by the budget and now water – there is no such limitation on the Board of Supervisors.

Conservative California Chief Justice Speaks Out Against the Death Penalty

By David GreenwaldDecember 26, 201112 comments
Tani Cantil-Sakauye’s appointment to chief justice by then-Governor Arnold Schwarzenegger marked a huge moment locally, as she grew up in Sacramento and is a graduate of the UC Davis School of Law.

While known as one of the high court’s more conservative members, she has turned heads as she said, in an interview with the Los Angeles Times, that “the death penalty is no longer working for the state” and she urged a reevaluation of it.

Off-Topic Column – The Pimentel-Petrovich Connection; The End of the Road For David Crane and Newt Gingrich?

By David GreenwaldDecember 24, 201133 comments
The End of the Road for David Crane – the Would-Be UC Regent

One thing that has become clear in the aftermath of the pepper-spraying incident at UC Davis is the need for new voices on the UC Board of Regents. In his final appointment, Governor Arnold Schwarzenegger named David Crane.

Immediately, fierce opposition led University of California students, faculty and workers. A year later, David Crane has failed Senate confirmation to the UC Board of Regents.

Occupy Battle Heads to the Courtroom

By David GreenwaldDecember 24, 20114 comments

One of the lesser-known features of the Occupy movement is that attorneys from the National Lawyers Guild have embedded themselves with protesters as observers for the next stage of the fight.

And so, while most of the major encampments have been dispersed by authorities, the battle will live on as a flurry of lawsuits, in which protesters are asserting their constitutional rights to free speech and assembly, and challenging authorities’ mass arrests and use of force to break up tent cities.

City Council Candidate Lee Puts Out Water Position

By David GreenwaldDecember 23, 201126 comments
As the city council has moved to re-think their previous vote from September 6, that put forward water rate hikes in advance of the Woodland-Davis water supply project, Brett Lee this week issued forth his own position on water.

Brett Lee is one of four candidates for three spots on the Davis City Council that will be on the ballot in June, and the only non-incumbent.

Woodland Mayor Lays Down Challenge to Supervisor Chamberlain For BOS Seat

By David GreenwaldDecember 23, 201115 comments

The impact of re-districting the supervisorial districts in Yolo County is about to be put to a test. Woodland’s Mayor Artemio Pimentel, 32, has announced that he will challenge longtime Supervisor Duane Chamberlain, 74, for the 5^th District Supervisorial Seat.

The 5^th District has been held as a rural district, but under the newly-configured supervisorial districts, Woodland now comprises 70 percent of the district.

Fatal Accident At Russell and Lake Illustrates Danger of Stretch

By David GreenwaldDecember 22, 201154 comments

Back in late October, the County Board of Supervisors held off on raising the speed limit, on the stretch of Russell from Pedrick Road to Lake Blvd, to 45 mph from the current 35 mph.

At that time, Supervisor Don Saylor recommended for the four roads studied that there be additional study for the next year, to include consideration of traffic-calming measures and to look toward a state law change.

Analysis: The Arpaio Factor

By David GreenwaldDecember 22, 201121 comments
The long-time-in-the-making Justice Department report does not just implicate Sheriff Joe Arpaio, it eviscerates him with the force of which we have rarely seen in modern times. The word this week is that the sheriff, who at 79 is not that young anyway, will retire rather than attempt to fight the allegations.

But there is potential fallout from this, in the form of the Republican Presidential Nominee. The impact of Sheriff Arpaio is difficult to assess. It is unlikely to have much bearing on the views of white, middle class voters – who may possess concerns about illegal immigration and its impact on public safety and other factors, but are squeamish as to the sheriff’s tactics to combat illegal immigration.

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