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Pasadena Chamber Placed 50 Pasadena Unified High School Students into Employment Internships This Summer


first_img More Cool Stuff Make a comment Community News Get our daily Pasadena newspaper in your email box. Free.Get all the latest Pasadena news, more than 10 fresh stories daily, 7 days a week at 7 a.m. Subscribe Pasadena’s ‘626 Day’ Aims to Celebrate City, Boost Local Economy Business News Pasadena Chamber Placed 50 Pasadena Unified High School Students into Employment Internships This Summer Chamber Partnership with PUSD Placed Local High School Students in Meaningful Work Experience Opportunities During Summer From STAFF REPORTS Published on Tuesday, August 23, 2016 | 12:07 pm HerbeautyHe Is Totally In Love With You If He Does These 7 ThingsHerbeautyHerbeautyHerbeautyThis Trend Looks Kind Of Cool!HerbeautyHerbeautyHerbeauty8 Easy Exotic Meals Anyone Can MakeHerbeautyHerbeautyHerbeautyThese Are 15 Great Style Tips From Asian WomenHerbeautyHerbeautyHerbeautyTop 9 Predicted Haircut Trends Of 2020HerbeautyHerbeautyHerbeautyTips From A Professional Stylist On How To Look Stunning In 2020HerbeautyHerbeauty Pasadena Will Allow Vaccinated People to Go Without Masks in Most Settings Starting on Tuesday Name (required)  Mail (required) (not be published)  Website  EVENTS & ENTERTAINMENT | FOOD & DRINK | THE ARTS | REAL ESTATE | HOME & GARDEN | WELLNESS | SOCIAL SCENE | GETAWAYS | PARENTS & KIDScenter_img Your email address will not be published. Required fields are marked * First Heatwave Expected Next Week Top of the News 6 recommended0 commentsShareShareTweetSharePin it Business News Working with the College and Career Pathways office at Pasadena Unified School District, the Pasadena Chamber of Commerce placed 50 PUSD high school students in internship opportunities with local employers this summer. The achievements of those students and the partnership with host companies was celebrated at Brookside Golf Club on Saturday, August 20, 2016, an event hosted by the PUSD. Mayor Terry Tornek was on hand to give a welcome and appreciation for the collaboration between the PUSD, the Chamber and Armory Center for the Arts, who also placed interns this summer.The Chamber’s Workforce Development Manager, Amy Foell, worked to find placements for students in the Health Careers Academy, Culinary Arts and Hospitality Academy, both at Blair High School, the Law and Public Service and App Academies at Pasadena High School and the Business and Entrepreneurship and Engineering and Environmental Science Academies at Muir High School.Student interns were required to serve a minimum of 60 hours of internship from June to August. The Pasadena Chamber of Commerce provided the bridge between the Pasadena Unified School District and Chamber member companies for intern placements. Students worked in local law offices, the office of the Pasadena City Attorney, health and senior care facilities, engineering and construction companies, automotive and technology companies. One Pasadena High School student spent the summer working at Jet Propulsion Laboratory.“There are tangible benefits for the students who take part in job shadowing and internships,” said Ms. Foell. “We see the excitement and enthusiasm first-hand and hear about how the experience informs decisions the students make about their futures.”Of the students who took part in the Chamber internship in the summer of 2015, the graduating class of 2016, two are serving our country in the military, one is still deciding about her future path and the remaining 46 are furthering their education.Students placed by the Chamber in 2016 had extensive training in appropriate workplace dress and behavior, punctuality, customer service, communications and business ethics. Ms. Foell placed the students, oversaw their training, monitored their summer experiences and is evaluating the success of the summer internships.High school interns are also required to attend a weekly summer class for elective credit pertaining to time management, professionalism and workplace behavior and ethics. In order to complete the internship program successfully all students must give a final presentation about their experience and receive a letter of recommendation from their supervisor. The summer hours accrued go towards work-based learning hours required for graduation.Businesses and organizations are always needed to provide internship placements, job shadow opportunities and classroom speakers in the restaurant and hospitality industry, healthcare, legal profession, veterinary, engineering, construction, business and entrepreneurship, environmental and law enforcement professions.Benefits for participating companies are: low to no cost, short-term support, an introduction to motivated youth for your hiring pipeline, assistance with technology and innovative ideas plus the satisfaction of adding value to the Pasadena community.“Host companies get the drive to succeed and perspective of a younger person in the workplace, along with a great amount of enthusiasm,” said Pasadena Chamber CEO Paul Little. “We host interns each summer in our offices and always enjoy the experience. There is tremendous value, for us and the interns.”The program is so successful for employers that host companies donated more than $5000 toward stipends for their student interns this year. “There was no requirement that interns be paid, but we had a huge response from companies that wanted to reward the interns for their hard work and contribution to the company’s success,” said Ms. Foell. “A few companies opted to put their interns on the payroll. This is ideal because the students get a real-world perspective, including withholdings and deductions from their paycheck. We even had some interns who were offered employment by their host companies once their internship was finished.”All Pasadena Unified student interns have work permits, liability and worker’s compensation insurance provided through the school district.Any local company wanting information on hosting and intern or other involvement in the Chamber initiative with Pasadena Unified can email [email protected], call the Chamber office at (626) 795-3355 or fill out an inquiry form at www.pasadenayouthworks.org.The Pasadena Chamber of Commerce and Civic Association is a professional business organization. Since the earliest days of Pasadena, the Chamber has played a major role in the development of this internationally renowned city. Since 1888, when the organization was founded as the Board of Trade, the Chamber’s primary purpose has been the enhancement of both the business climate and the quality of life in Pasadena. The Pasadena Chamber of Commerce serves more than 1400 members. Home of the Week: Unique Pasadena Home Located on Madeline Drive, Pasadena faithfernandez More » ShareTweetShare on Google+Pin on PinterestSend with WhatsApp,PCC – EducationDarrel Done BusinessVirtual Schools PasadenaDarrell Done EducationHomes Solve Community/Gov/Pub SafetyPASADENA EVENTS & ACTIVITIES CALENDARClick here for Movie Showtimes Community Newslast_img read more


Fannie Mae Portfolio Declines Again In October


first_imgHome / Daily Dose / Fannie Mae Portfolio Declines Again In October The Week Ahead: Nearing the Forbearance Exit 2 days ago Sign up for DS News Daily Fannie Mae Portfolio Declines Again In October Subscribe December 1, 2014 1,134 Views Fannie Mae’s gross mortgage portfolio declined for the 51st time in the last 52 months in October, according to the mortgage giant’s October 2014 Monthly Summary released recently.The balance of Fannie Mae’s gross mortgage portfolio stood at $436.2 billion at the end of October, representing a compound annualized rate decline of 5 percent from September, according to the summary. With the exception of December 2012, when the portfolio grew in value at a compound annualized rate of 1 percent, the value of the portfolio has declined every month since June 2010. At the end of that month nearly four and a half years ago, the portfolio’s value was almost $818 billion.Year-to-date in 2014, the portfolio has declined at an average annualized rate of 13.2 percent.Fannie Mae’s total book of business components also declined in October after seeing its first increase of 2014 in September, according to the summary. The book of business decreased at a compound annualized rate of 0.9 percent, down to nearly $3.2 trillion. The book of business has declined in 10 out of the last 11 months and has declined at an average compound annualized rate of 1.8 percent year-to-date.Also in October, the serious delinquency rate on Fannie Mae’s conventional single-family mortgage loans declined by four basis points from September down to 1.92 percent, according to the summary. October marked the 35th month in a row the serious delinquency rate declined at least one basis point month-over-month; the last time the rate did not decline was when it held steady at 4.0 percent from October to November 2011. The rate has not increased since January to February 2010, when it jumped from 5.52 percent up to 5.59 percent.The value of Fannie Mae’s mortgage-backed securities and other guarantees totaled nearly $2.8 trillion in October, representing an annualized compound growth rate of 1.0 percent from the previous month, according to the summary.Fannie Mae completed 9,540 loan modifications in October and has completed 106,455 loan modifications year-to-date as of October 31, 2014. About Author: Brian Honea Tagged with: Fannie Mae Mortgage-Backed Securities Serious Delinquency Rate Volume Summary Data Provider Black Knight to Acquire Top of Mind 2 days ago Fannie Mae Mortgage-Backed Securities Serious Delinquency Rate Volume Summary 2014-12-01 Brian Honea Servicers Navigate the Post-Pandemic World 2 days ago Share Save Demand Propels Home Prices Upward 2 days agocenter_img Brian Honea’s writing and editing career spans nearly two decades across many forms of media. He served as sports editor for two suburban newspaper chains in the DFW area and has freelanced for such publications as the Yahoo! Contributor Network, Dallas Home Improvement magazine, and the Dallas Morning News. He has written four non-fiction sports books, the latest of which, The Life of Coach Chuck Curtis, was published by the TCU Press in December 2014. A lifelong Texan, Brian received his master’s degree from Amberton University in Garland. Data Provider Black Knight to Acquire Top of Mind 2 days ago Related Articles Servicers Navigate the Post-Pandemic World 2 days ago Previous: Sixteen Charged in Nationwide House Flipping Telemarketing Scam Next: DS News Webcast: Tuesday 12/2/2014 Demand Propels Home Prices Upward 2 days ago Governmental Measures Target Expanded Access to Affordable Housing 2 days ago The Best Markets For Residential Property Investors 2 days ago in Daily Dose, Featured, Government, News Governmental Measures Target Expanded Access to Affordable Housing 2 days ago  Print This Post The Best Markets For Residential Property Investors 2 days agolast_img read more


Nitrogen inputs by marine vertebrates drive abundance and richness in Antarctic terrestrial ecosystems


first_imgBiodiversity is threatened by climate change and other human activities [1], but to assess impacts, we also need to identify the current distribution of species on Earth. Predicting abundance and richness patterns is difficult in many regions and especially so on the remote Antarctic continent, due to periods of snow cover, which limit remote sensing, and the small size of the biota present. As the Earth’s coldest continent, temperature and water availability have received particular attention in understanding patterns of Antarctic biodiversity [2], whereas nitrogen availability has received less attention [3]. Nitrogen input by birds is a major nutrient source in many regions on Earth [4, 5, 6, 7], and input from penguins and seals is associated with increased plant growth [8, 9, 10] and soil respiration [11, 12, 13] at some Antarctic locations. However, the consequences of increased nitrogen concentrations in Antarctic mosses and lichens for their associated food web has hardly been addressed [14, 15], despite the fact that nutrient status of primary producers affects the abundance and diversity of higher trophic levels [16, 17]. We show that nitrogen input and δ15N signatures from marine vertebrates are associated with terrestrial biodiversity hotspots well beyond (>1,000 m) their immediate colony borders along the Antarctic Peninsula. Invertebrate abundance and richness was two to eight times higher under penguin and elephant seal influence. The nitrogen footprint area was correlated with the vertebrate population size. These findings improve our ability to predict biogeographical patterns of Antarctic terrestrial biodiversity through knowledge of the location and size of penguin and elephant seal concentrations.last_img read more


Sex, Drugs and the Mujahedeen


first_imgWhat do you mean you didn’t know that Tom Hanks singled-handedly ended the Cold War? This strange black comedy focuses on the covert machinations of the US government in the Soviet-Afghan war of the ‘80s, which seem absurd enough to be unbelievable, but we are assured are almost entirely true. The film begins with a military ceremony honouring Congressman Charlie Wilson (Hanks) for bringing down Communism – a more traditional conflict for American war movies. The music swells, the crowd cheer, and it seems possible that this is going to be another of those Captain America war films which the US seems to be mass producing. We leave our expectations behind, however, in the next scene, where we start at the beginning in 1980. We find this same congressman learning of the Soviet invasion of Afghanistan on a TV broadcast, whilst at a Las Vegas hot-tub party surrounded by strippers and lines of cocaine. This Texan lothario, whose greatest achievement in his six terms as a congressman, as it is commented later, ‘is being re-elected five times’ is prodded into action by born-again socialite and Charlie’s sometime lover Joanne Herring (Julia Roberts) and grumpy CIA operative Gust Avrakotos (Philip Seymour Hoffman). Charlie’s initial sympathy for the plight of the Afghans transforms into a decade of struggle to increase the US budget for covertly arming the Afghan Mujahedeen. Screenwriter Aaron Sorkin, wellversed in political satire from the acclaimed TV series The West Wing, brings his typical high-brow, rapidfire dialogue and humour to even the most intense moments. A terse conversation between Charlie and President Zia of Pakistan for instance, becomes bafflingly funny. The film reconciles the poignant and the humorous, and creates an incisive, entertaining black comedy. The same cannot be said of the character of Charlie Wilson, whose party-hard bravado is never quite resolved with the great man he somehow becomes. Hanks relaxes into the role enough to make him likeable, at least. However, there’s little chemistry between Hanks and Roberts, who is also plausible, if too brittle and entirely overshadowed by her blonde, gravity-defying bouffant. It is Hoffman who shines, with his disgruntled frustration and sarcasm, perfect for Sorkin’s style. While the victory seems clear cut, what is curiously not specifically mentioned is that the Afghan freedom fighters the US financed became the core of Al-Qaeda, a bitter irony which one would expect the filmmakers to exploit. As Charlie puts it, ‘we fucked up the endgame.’ While some might say the same about the ending of Charlie Wilson’s War, the saving graces are the subtle, yet emotive hints at the fate which America had in store, and may suffer again if lessons aren’t learnt. by Laura Williamslast_img read more


MURPHY, ELIZABETH


first_img49, of Bayonne, passed away on June 14, 2017 at Bayonne Medical Center surrounded by her family. She was born in Jersey City and has resided most of her life in Bayonne. Over the course of many years, Elizabeth was employed as a hostess with several restaurants in the Bayonne and Jersey City area including most recently the VIP Restaurant in Jersey City. Elizabeth was predeceased by her father James Murphy. Left to cherish her memory are her longtime companion John Pasuco; her son Nicholas Murphy and her mother Nellie (Dooley) Silvani; her step-father Beaver Silvani and her uncle Gary Dooley. Funeral arrangements by DWORZANSKI & SON Funeral Home, 20 E. 22nd St.last_img


CPRE study backs case for small shops


first_imgA new study confirms that local shops flourish once superstore plans are turned down.The Real Choice report, by the Campaign to Protect Rural England (CPRE) and the Plunkett Foundation, found the number of local and regional food suppliers in and around Saxmundham, East Suffolk, had increased from 300 to 370 with a wider range of local products sold since councillors rejected a supermarket in 1997.The overall number of shops had stayed constant at 81 – bucking the national trend of decline – and the local market towns had retained their bakers, butchers, fish shops and fresh vegetable outlets. Family baker Jacksons has four stores in and around Saxmundham. Senior partner John Jackson said the company would probably not be around if a supermarket had opened in the town. “There would be no high street. Instead, we’re surviving and optimistic about the future. Other towns haven’t been so lucky.” The CPRE is calling for new strategies to recognise the public benefits of local food networks, stronger planning policies for local authorities, tough action from the Competition Commis-sion to stem the growth of supermarkets, and for supermarkets to stock more local foods.Tom Oliver, CPRE’s head of rural policy, said: “There is a real choice facing local, regional and national government: to support a future for local food suppliers, independent stores and their communities. They can thrive alongside national and global businesses. Or we can do nothing and watch them die.”David Smith, chief executive of the National Association of Master Bakers, said he was glad someone had managed to prove what the group had been saying for years. “There’s a feeling that there’s complete unfettered competition between the supermarkets. Let’s hope the government listens to the evidence.”last_img read more


A justice reformer


first_imgThis is one in a series of profiles showcasing some of Harvard’s stellar graduates.Dominique Erney was a child when she saw the devastating effects of the criminal justice system on incarcerated people and their families.“I have family members on both sides that have been incarcerated throughout my life, so the system is something that I was very intimately aware of as a young person,” said Erney, who was born and raised in Gainesville, Fla. “When I came to college, I was able to step back from my own personal experience and realize that mass incarceration isn’t just happening in my life, but it’s a systemic issue that I could study.”In her years at Harvard, Erney ’19 has focused on reforming the criminal justice system through public policy, electoral politics, and academic research. Blending the personal with the political and moving between the spheres of theory and practice is familiar territory for Erney, who grew up navigating in different worlds in her own family.“On my mom’s side, I’m a first-generation college student, and my father didn’t go to college, but my paternal grandparents are highly educated,” she said. “I’m also biracial, and throughout my childhood I was back and forth between worlds, code-switching a lot” across divisions of race and class.Learning those dichotomies helped Erney adjust to new or difficult circumstances, including the transition from her hometown and school, which she attended for 13 years, to life in the Northeast and at Harvard.“I had a very nontraditional upbringing, but even when my parents were struggling, I didn’t feel destabilized,” she said. “I’ve had to adapt to many situations in my life, and I knew I would be able to make it here and settle in.”Once on campus, the worlds of politics and theater became twin pillars of support for Erney. She got involved in politics through the Harvard Kennedy School’s Institute of Politics (IOP) and the Harvard College Democrats. In her first year, her commitment to criminal justice reform crystallized at a seminar hosted by the IOP’s Politics of Race and Ethnicity (PRE) program with Elizabeth Hinton. Hinton, the John L. Loeb Associate Professor of Social Sciences in the Department of History and the Department of African and African American Studies, brought a community organizer from Los Angeles, who had been incarcerated, to speak to the group.“He went through the things he would fix about the prison system, which made me think about my family members and how they had gone through the same thing,” said Erney. “It really touched me, and I thought, why couldn’t I be the person who is part of this group that is going to fix this?”Erney attacked the issue head-on in all facets of her life at Harvard. The social studies and African American studies concentrator served on the executive committees of the College Democrats and the PRE program and wrote her senior thesis on the role of plea bargains in the continuing subjugation of black Americans. She also spent two summers in Washington, D.C., working first at the Justice Policy Institute and then at the American Civil Liberties Union’s National Prison Project.“My summer jobs were crucial because they showed me that I was learning something worthwhile and useful to the sphere that I want to work in after graduation,” she said. “It was important to ground myself in the work, so that I could have an informed opinion when it came time to write my thesis.”Anya Bassett, the director of studies and a senior lecturer in social studies who served as Erney’s academic adviser, was impressed by her thorough approach to complex issues. “Dominique stands out for her intellect and the way she combines her deep moral commitment to social justice with the work that she does on criminal justice reform,” said Bassett. “She is a student who pushes us to the limits of possibility, and is always thinking about how to make the world better.”With the College Democrats, where she was vice president in 2018, Erney participated in the political side of change-making during the 2016 and 2018 elections. Working on campaigns across New England helped her understand how issues such as criminal justice reform, health care, and immigration affected people outside of her academic and political orbits.“Campaigning definitely made me feel closer to the issues that I cared about in the abstract,” said Erney. “When you’re knocking on people’s doors to talk to them, those issues are not abstract at all. You find out whether the things you spent a lot of time thinking about matter or don’t matter to people.”Erney’s involvement with the College Democrats was also a way to channel the energy and focus she poured into musical theater as a child. A prolific performer since age 5, Erney loved the way plays brought people together for a common goal. At Harvard, she worked as a producer and stage manager for productions including the freshman musical “All’s Fair!” and “Macbeth.”“Being in a musical with people is about working toward opening night and the run of the show, producing a good product, and having fun,” Erney said. “That bond and engagement you feel with people is something I’m attracted to, and campaigning ties that together with values that I care about a lot. The camaraderie you build with people is intense and is unlike many other things I’ve experienced.”As Erney wraps up her senior year, her plans are intrinsically tied to the future of the reform movement.“Criminal justice reform intersects with so many different fields and you can work on it from many angles,” said Erney. “At some point, I want to go to law school and become a public defender, but I also want to work in advocacy. I’m committed to this issue in whatever I do next.” The Daily Gazette Sign up for daily emails to get the latest Harvard news.last_img read more


Man Arrested Following Alleged Assault


first_imgWNY News Now Stock Image.JAMESTOWN – A 33-year-old Jamestown man was arrested after allegedly throwing rocks at a person at an East 2nd Street address Saturday afternoon.Jamestown Police say Travis Colley allegedly threw several rocks, breaking a front window to the dwelling and causing several hundred dollars in damages.Colley also allegedly threw a rock at a person at the residence, causing injury.Officers say this was an unprovoked attack and the victim was a protected party. Colley was arrested and charged with second-degree assault, third-degree criminal mischief and aggravated contempt.Police say Colley was taken to Jamestown City Jail and held without bail. Share:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to email this to a friend (Opens in new window)last_img read more


Tickets Now Available for the Return of Disenchanted Off-Broadway


first_img Featuring a book, music and lyrics by Dennis T. Giacino and directed by Fiely A. Matias, the tuner features your typical “princess posse” in a show that’s anything-but-typical. Snow White, Cinderella, Belle and more toss off the tiaras and get real in a not-for-kids musical where fairy tales will never be the same. Disenchanted premiered at Orlando’s International Fringe Festival in 2011 and has been licensed nationwide since. International productions are to begin this year and a first U.S. national tour will launch in 2016. Disenchanted The production will feature scenic design by Gentry Akens, costume design by Vanessa Leuck, lighting design by Graham Kindred and sound design by Keith Caggiano. Related Shows The cast of Disenchanted! previously included Michelle Knight as Snow White, Becky Gulsvig as Cinderella, Jen Bechter as Sleeping Beauty, Lulu Picart as Hua Mulan/Pocahontas/Princess Badroulbadour, Alison Burns as Belle/The Little Mermaid/Rapunzel and Soara-Joye Ross as The Princess Who Kissed the Frog.center_img View Comments The royal renegades are returning to New York! Tickets are now available to fairy tale musical lampoon Disenchanted!, which is coming back to off-Broadway for an open-ended run. The comedy will begin performances on March 16 at Westside Theatre Upstairs; the cast and opening night will be announced shortly. Show Closed This production ended its run on June 14, 2015last_img read more


Washington IOLTA program found constitutional


first_imgWashington IOLTA program found constitutional Washington IOLTA program found constitutional Mark D. Killian Managing Editor The U.S. Ninth Circuit Court of Appeals ruled November 14 that the state of Washington’s interest on lawyers’ trust accounts program does not violate the Fifth Amendment of the U.S. Constitution. The 7-4 en banc decision of the San Francisco-based court reversed an earlier three-judge panel ruling that using the interest from IOLTA accounts was an illegal taking of private property without just compensation. Writing for the majority, Judge Kim M. Wardlaw said while the plaintiffs “have the right to control the accrued interest generated in theory, as a practical matter, that right will never come to fruition on its own because without IOLTA there is no interest. “We therefore hold that even if the IOLTA program constituted a taking of [the plaintiffs’] private property, there would be no Fifth Amendment violation because the value of the just compensation is nil,” Judge Wardlaw said, adding that the plaintiffs sought compensation not for the value of what they lost, but for the value of what the Legal Foundation of Washington created. Washington Legal Foundation v. Legal Foundation of Washington, case no. 98-35154. The court, however, remanded the case back to the district court for reconsideration of the plaintiffs’ First Amendment claim that the use of the plaintiffs’ funds violates their rights by forcing them to finance ideological causes with which they disagree. The decision is at odds with a similar case decided in October by a three-judge panel of the New Orleans-based U.S. Fifth Circuit Court of Appeals that found the Texas IOLTA program’s use of pooled interest from lawyers’ trust accounts amounts to an unconstitutional taking without just compensation, in violation of the Fifth Amendment. Washington Legal Foundation v. Texas Equal Access to Justice Foundation, case no. 00-50139. Writing for the Fifth Circuit panel, Judge Rhesa Hawkins Barksdale said: “In reality, the linchpin for this case has already been inserted by the Supreme Court: Interest income generated by funds held in IOLTA accounts is the ‘private property’ of the owner of the principal. And, because the state has permanently appropriated [the appellant’s] interest income against his will, instead of merely regulating its use, there is a per se taking.” The Texas IOLTA program and Texas Supreme Court filed a petition for en banc rehearing of that decision, which has yet to be ruled on. “Obviously, it’s great news and provides some encouragement that when the Fifth Circuit considers this issue en banc, that perhaps they will reach the same conclusion,” said Darryl Bloodworth, president of The Florida Bar Foundation. “This is good news at a time when we need good news,” said Miami’s Randall C. Berg, Jr., who represents more than 60 IOTA programs and bar associations across the country and participated in the Washington case. “So there is now a split in the circuits, and this decision, hopefully, will encourage the Fifth Circuit to rehear the panel decision en banc — if not have the panel vacate their own decision and reconsider it in light of this better-reasoned Ninth Circuit en banc decision,” Berg said. If both the Fifth Circuit and Ninth Circuit decisions stand, he said he expects the U.S. Supreme Court would grant cert in one of the cases. Paul Kamenar, senior executive counsel of the Washington Legal Foundation, the Washington, D.C.-based organization which challenged the Washington state and Texas IOLTA programs, told the Sacramento Bee he was disappointed and the WLF plans to seek review of the decision by the U.S. Supreme Court. “If the Supreme Court said that interest is the property of the client, and if the client doesn’t have the property, somebody took it,” Kamenar said. “We think that somebody is the bar authorities of the state.” Tampa’s L. David Shear, chair of the ABA Commission on IOLTA, said the organization is “elated with the ruling” and believes that IOLTA programs will ultimately be vindicated through the court system. “I think this is a very heartening decision from a national perspective,” Shear said, adding that IOLTA programs generate approximately $150 million for the delivery of legal services to the poor. “I know this will certainly be a shot in the arm and give a boost of encouragement to all of the programs around the country that rely upon IOLTA funding.” “We hope this will be the beginning of maybe a finalization of these issues so everyone can go about the business of trying to create more funding for delivering legal services to those in need,” said Shear, who served as president of The Florida Bar in 1979. Don Saunders, director of Civil Legal Services for the National Legal Aid and Defender Association, called the decision a well-reasoned analysis of the Fifth Amendment “takings” test in the context of the IOLTA decision and “a significant victory for providers of legal services to the poor across the United States.” Saunders said Judge Wardlaw’s decision turned on her finding that the “ad hoc” analysis central to the decision in Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978), was controlling in this case rather than the “per se” test set out in Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982), that was applied by the three-judge panel and the Fifth Circuit. “The ad hoc analysis requires a court to perform an essentially factual inquiry into the individual property acquired to determine whether the acquisition amounts to a taking,” Saunders said. “The per se analysis, on the other hand, assumes that for certain types of property interests, governmental acquisition amounts to a categorical taking under any circumstance. The critical distinction reached in this opinion is based, among other factors relating to the state’s regulatory functions, upon the fact that prior per se cases involved real property, rather than money as in the case of the IOLTA program.” In 1998, the U.S. Supreme Court, in Philips v. WLF, case no. 96-1578, found that clients have a protected property interest in funds created by pooled IOLTA accounts. The Supreme Court, however, took no view as to whether the funds had been “taken” by the state or if any “just compensation” was due the respondent. It left those issues for the lower courts to decide. Judge Wardlaw said the government’s ad hoc taking of the interest arises from a public program “adjusting the benefits and burdens of economic life to promote the common good.” “In creating the IOLTA program, Washington concluded that the health, safety, morals, or general welfare [of the state] would be promoted.. . by using the interest generated on IOLTA funds to help fund legal services for the poor.” Wardlaw said the taking clause was never intended to replace the role of the people in determining which social programs are appropriate, and “has not been understood to be a substantive or absolute limit on the government’s power to act.” The constitutional provision on the taking of private property also “does not prevent the government from being able to regulate how people use their property but limits that ability to what is ‘just and fair,’” Wardlaw wrote. Although the government may impose regulations to adjust rights and economic interests among people for the public good, Wardlaw said, it may not force “some people alone to bear the public burdens which, in all fairness and justice, should be borne by the public as a whole.” However, Judge Wardlaw said, the plaintiffs had not been singled out, but “as participants in our legal system are required to place their funds in IOLTA trust accounts that generate funds at no cost to them and that expand access to the legal system from which they benefit.” Because the right to earn interest on money held in IOLTA accounts “has no economic value,” there is no unconstitutional taking of private property, Wardlaw said. In dissent, Judge Alex Kozinski said the majority “deprecates one of the cherished protections of the Bill of Rights,” not to have the government take away private property without just compensation. “While the interest income at issue here may have no economically realizable value to its owner, possession, control and disposition are nonetheless valuable rights that inhere in the property,” Kozinski said. December 1, 2001 Managing Editor Regular Newslast_img read more




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