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	<title>Andrew Shubin &#187; state college lawyer</title>
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		<title>Obama’s Views on Gay Marriage ‘Evolving’</title>
		<link>http://www.statecollegelaw.com/obama%e2%80%99s-views-on-gay-marriage-%e2%80%98evolving%e2%80%99/</link>
		<comments>http://www.statecollegelaw.com/obama%e2%80%99s-views-on-gay-marriage-%e2%80%98evolving%e2%80%99/#comments</comments>
		<pubDate>Tue, 28 Jun 2011 01:59:00 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[same-sex marriage]]></category>
		<category><![CDATA[same-sex rights]]></category>
		<category><![CDATA[state college lawyer]]></category>

		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=1097</guid>
		<description><![CDATA[June 18, 2011 By SHERYL GAY STOLBERG WASHINGTON — Driving across the flatlands of Illinois with Barack Obama during the Senate race of 2004, Kevin Thompson sometimes found himself tutoring the candidate on gay rights. Mr. Thompson, then a traveling aide, recalls long conversations about topics like the 1969 Stonewall Rebellion that sparked the gay [...]]]></description>
			<content:encoded><![CDATA[<p>June 18, 2011<br />
By SHERYL GAY STOLBERG</p>
<p>WASHINGTON — Driving across the flatlands of Illinois with Barack Obama during the Senate race of 2004, Kevin Thompson sometimes found himself tutoring the candidate on gay rights.</p>
<p>Mr. Thompson, then a traveling aide, recalls long conversations about topics like the 1969 Stonewall Rebellion that sparked the gay rights movement, gay adoption — Mr. Obama once volunteered that Mr. Thompson and his partner would make “great parents,” Mr. Thompson recalled — and same-sex marriage, which Mr. Obama has in the past opposed.</p>
<p>Mr. Thompson, an Obama supporter, is skeptical about that. “To this day,” he said, “I don’t think Barack Obama has any issue with two people of the same gender getting married.”</p>
<p>Now President Obama says his views on same-sex marriage are “evolving,” and as he runs for re-election he is seeking support from gay donors who want to know where he stands.</p>
<p>This week, he will headline a $1,250-a-plate “Gala with the Gay Community” in Manhattan, his first such event as president; on June 29, he will host a Gay Pride reception at the White House. He is doing so at time when the New York Legislature is considering whether to make same-sex marriage legal — a vote that the president will no doubt be asked about while in New York.<span id="more-1097"></span></p>
<p>The White House would not comment on whether Mr. Obama was ready to endorse same-sex marriage. But one Democratic strategist close to the White House, speaking only on the condition of anonymity, said some senior advisers “are looking at the tactics of how this might be done if the president chose to do it.”</p>
<p>And Representative Barney Frank, a Massachusetts Democrat who is gay, said in an interview that a top adviser to Mr. Obama, whom he would not name, asked him this year, “What would be the effect if he came out for same-sex marriage?”</p>
<p>“My own view is that I look at President Obama’s record, he was probably inclined to think that same-sex marriage was legitimate, but as a candidate for president in 2008 that would have been an unwise thing to say,” Mr. Frank said. “And I don’t mean that he’s being hypocritical. I mean that if you live in a democratic society, it is a mix of what you think the voters want and what you think is doable.”</p>
<p>Many gay leaders say because the president has a strong record on issues they care about — prodding Congress to repeal the “don’t ask, don’t tell” policy, which barred openly gay men and lesbians from serving in the military, and withdrawing legal support for the Defense of Marriage Act, which defines marriage as between a man and a woman — he is not under intense pressure to announce a change in his position before the 2012 election.</p>
<p>But with the political climate around gay rights changing drastically — a handful of recent polls show that Americans, by a slim majority, now support same-sex marriage — some strategists see little political cost to a shift in position. And a review of Mr. Obama’s record, dating to when he first ran for public office, suggests that he may have been for same-sex marriage before he was against it.</p>
<p>In 1996, as a candidate for the State Senate in Illinois, Mr. Obama responded to a questionnaire from a gay newspaper. “I favor legalizing same-sex marriages,” Mr. Obama wrote, “and would fight efforts to prohibit such marriages.”</p>
<p>White House officials have said Mr. Obama was really referring to civil unions, which he does support. (On Friday, Mr. Obama’s communications director, Dan Pfieffer, caused a brief kerfuffle by telling a conference of bloggers that Mr. Obama had not filled out the forms himself; the White House later said he was mistaken.)</p>
<p>By the time Mr. Obama ran for the United States Senate in 2004, his position had become more nuanced.</p>
<p>Jackie Kaplan, a Chicago Democrat who was co-chairwoman of a committee of gays and lesbians supporting Mr. Obama, said he raised practical objections and made the case this way: “Why spend a lot of time on an issue that is not going to happen? The Defense of Marriage law is on the books, we’re not going to overturn that, let’s talk about how we can build more equality.”</p>
<p>Tracy Baim, a gay journalist in Chicago who interviewed Mr. Obama in 2004, remembers the candidate asking her to turn off her tape recorder so they could have a candid conversation on same-sex marriage. She said his objections were based on what he saw as realistic considerations: “I know what you want, I know what you can get.”</p>
<p>But when his Senate campaign moved into the general election against Alan Keyes, Mr. Obama told an interviewer for a black-owned radio station that religion was a factor.</p>
<p>Ms. Kaplan said she felt that Mr. Obama was either “pandering to Alan Keyes” or setting himself up to run for higher office; Ms. Baim, who said Mr. Obama had not cited his religious beliefs to her, viewed it as “a political maneuver.”</p>
<p>The black church has historically taken a dim view of same-sex marriage; the church Mr. Obama attended in Chicago, Trinity United Church of Christ, takes no official stance. Yet Trinity’s parent church is progressive; in 2005, its general synod passed a resolution supporting marriage equality for gay couples.</p>
<p>Once in the Senate, Mr. Obama maintained the position that his opposition was based on his religious views. Jimmy Creech, a former Methodist minister who advocates for same-sex marriage, recalls meeting with Mr. Obama’s top Senate aides in 2005. He thought Mr. Obama, the son of an interracial couple whose marriage would have been illegal in some states, would be sympathetic.</p>
<p>But he said the conversation turned frosty when same-sex marriage came up. “We talked about this as an expression of bigotry, using religion to justify discrimination,” Mr. Creech said. “They did not like that; the word ‘bigotry’ was inflammatory to them.”</p>
<p>As a presidential candidate, Mr. Obama’s position hardened. In 2008, he visited the Saddleback Church in Orange County, Calif., where the pastor Rick Warren asked him to define marriage. “I believe that marriage is between a man and a woman,” Mr. Obama said. “For me, as a Christian, it is also a sacred union.”</p>
<p>Three years later, Mr. Obama has said his views are evolving, in part because he has “very close friends who are married gay and lesbian couples.”</p>
<p>But the Democrat who had strategy discussions with the White House on same-sex marriage said Mr. Obama seemed to be considering his place in history and was moved by the argument of Adm. Mike Mullen, the chairman of the Joint Chiefs of Staff, who cast the repeal of “don’t ask, don’t tell” as a moral issue.</p>
<p>“This is clearly a president who is interested in making big historical changes,” the strategist said. “I think this issue has moved into that context for him.”</p>
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		<title>State College Teachers&#8217; Union Has Sought Same-Gender Partner Benefits, Leader Says</title>
		<link>http://www.statecollegelaw.com/state-college-teachers-union-has-sought-same-gender-partner-benefits-leader-says/</link>
		<comments>http://www.statecollegelaw.com/state-college-teachers-union-has-sought-same-gender-partner-benefits-leader-says/#comments</comments>
		<pubDate>Wed, 25 May 2011 18:04:12 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Same-Sex Rights]]></category>
		<category><![CDATA[ACLU]]></category>
		<category><![CDATA[andrew shubin]]></category>
		<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Constitutional and Civil Rights]]></category>
		<category><![CDATA[same-sex marriage]]></category>
		<category><![CDATA[same-sex rights]]></category>
		<category><![CDATA[state college lawyer]]></category>

		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=1064</guid>
		<description><![CDATA[May 24, 2011 by Adam Smeltz For at least 10 years, the State College teachers&#8217; union has wanted the inclusion of same-gender domestic-partner benefits in school-district employee contracts, union President Holli Jo Warner said Monday. In fact, Warner said the union &#8212; the State College Area Education Association &#8212; has asked the State College school [...]]]></description>
			<content:encoded><![CDATA[<p>May 24, 2011<br />
by Adam Smeltz</p>
<p>For at least 10 years, the State College teachers&#8217; union has wanted the inclusion of same-gender domestic-partner benefits in school-district employee contracts, union President Holli Jo Warner said Monday. </p>
<p>In fact, Warner said the union &#8212; the State College Area Education Association &#8212; has asked the State College school district for that policy addition in the last two rounds of contract talks &#8212; one about five years ago, the other a decade ago. </p>
<p>&#8220;Through the negotiations process, we did not achieve that goal,&#8221; Warner told StateCollege.com. &#8221; &#8230; We are currently in the process of negotiations (again) &#8230; and I&#8217;m sure it will be talked about again.&#8221;</p>
<p>StateCollege.com approached Warner about the subject in light of a federal lawsuit filed against the district last week.</p>
<p>In the case, district employee Kerry Wiessmann and her partner, Beth G. Resko, have targeted the district policy that prevents workers&#8217; same-gender domestic partners from qualifying for the same benefits made available for opposite-gender domestic partners.</p>
<p>That policy, according to their complaint, violates Wiessmann and Resko&#8217;s First and 14th Amendment rights under the U.S. Constitution. The women are seeking a change in the policy.</p>
<p>The school district is expected to respond formally in court. But in a preliminary statement released to reporters on Friday, the district administration indicated that the benefits policy in question stems from the collective-bargaining process.<span id="more-1064"></span></p>
<p>&#8220;The district is precluded from making changes unilaterally for any member of the (State College Area Education Association) without discussion through&#8221; the collective-bargaining process, the statement reads.</p>
<p>&#8220;When and if this issue raised in this suit is brought to the bargaining table by the association, the district will consider it, just as it considers every other issue that is raised during the collective-bargaining process,&#8221; the statement goes on. </p>
<p>But Warner was unequivocal when reached by a reporter Monday:</p>
<p>Same-gender domestic-partner benefits were &#8220;definitely on the table&#8221; in past contract negotiations, she said. &#8220;The association brought it to the table as something we would like to achieve.&#8221;</p>
<p>Warner said the union&#8217;s objective is for same-gender domestic partners to qualify for &#8220;all the same benefits that an (opposite-gender) spouse receives.&#8221;<br />
Just a few blocks away from the school-district offices, she noted, Penn State&#8217;s employee-benefits policy already includes that provision. </p>
<p>StateCollege.com approached the school-district administration Monday about Warner&#8217;s comments and is awaiting a reply.</p>
<p>Asked why the district had not granted the union&#8217;s request for same-gender partner benefits, Warner said she understood the district&#8217;s concern to be financial.</p>
<p>Expanding health coverage to include same-gender domestic partners would cost the district more money &#8212; likely to the tune of some $6,000 annually per additional person, Warner estimated. </p>
<p>It also would cost the district more money through paid bereavement leave, she said. </p>
<p>Right now, district policy allows employees one paid bereavement day for the death of a close friend, Warner said. For the death of a husband or a wife, though, the policy allows for five paid bereavement days.</p>
<p>Extending that benefit to cover same-gender domestic partnerships would mean more in the way of substitute-teacher expenses, Warner said. </p>
<p>She very roughly estimated that perhaps a dozen current district workers &#8212; and their same-gender domestic partners &#8212; would be directly affected by the policy change now sought in federal court. </p>
<p>Those in relationships accepted by the district as &#8220;domestic partnerships&#8221; are not &#8220;just roommates,&#8221; Warner emphasized. Rather, she said, they need to provide evidence of their committed partnerships through joint titles or other documentation.</p>
<p>Wiessmann and Resko share a home, financial obligations and parenting duties, their court filing shows. If they were in an opposite-gender domestic partnership, the filing says, they would qualify for the full complement of district benefits given to committed heterosexual couples.</p>
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		<title>Rowdy crowds return to State Patty&#8217;s Day; police report more people in town and more crime than 2010</title>
		<link>http://www.statecollegelaw.com/rowdy-crowds-return-to-state-pattys-day-police-report-more-people-in-town-and-more-crime-than-2010/</link>
		<comments>http://www.statecollegelaw.com/rowdy-crowds-return-to-state-pattys-day-police-report-more-people-in-town-and-more-crime-than-2010/#comments</comments>
		<pubDate>Mon, 28 Feb 2011 03:06:23 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[alcohol-related offenses]]></category>
		<category><![CDATA[andrew shubin]]></category>
		<category><![CDATA[centre county]]></category>
		<category><![CDATA[DUI]]></category>
		<category><![CDATA[penn state]]></category>
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		<category><![CDATA[state college lawyer]]></category>
		<category><![CDATA[underage drinking]]></category>

		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=1024</guid>
		<description><![CDATA[Cliff White and Wildamie Ceus February 27, 2011 Centre Daily Times STATE COLLEGE — Clad in green and blowing vuvuzelas, thousands of young people swarmed downtown State College on Saturday to celebrate State Patty’s Day, a student-created holiday centered on drinking. Despite efforts by local officials to tamp down this year’s festivities, State College police [...]]]></description>
			<content:encoded><![CDATA[<p>Cliff White and Wildamie Ceus<br />
February 27, 2011<br />
Centre Daily Times</p>
<p>STATE COLLEGE — Clad in green and blowing vuvuzelas, thousands of young people swarmed downtown State College on Saturday to celebrate State Patty’s Day, a student-created holiday centered on drinking.</p>
<p>Despite efforts by local officials to tamp down this year’s festivities, State College police Lt. Chris Fishel reported there were more people in town and more crime than last year’s event.</p>
<p>Police responded to more than 110 incidents in a 24-hour period through Saturday morning, about three times as many as a normal Friday night, Fishel said. During the entire State Patty’s Day weekend last year, State College police responded to about 365 calls related to the event, most of them alcohol-related.</p>
<p>Fights, false identification, and public urination and intoxication represented a majority of offenses committed by Saturday afternoon, Fishel said, adding that he expected the revelry to continue until about 4 a.m. today.</p>
<p>A spokeswoman for Mount Nittany Medical Center reported more than 40 people had been treated for alcohol-related injuries and conditions from 9 p.m. Thursday through 9 p.m. Saturday, some with severe injuries.<span id="more-1024"></span></p>
<p>As with previous years’ festivities, many of those getting in trouble are not Penn State students. Fishel reported misdemeanors involving students from the University of Pittsburgh, St. Joseph’s University, Slippery Rock University, Virginia Tech and the University of West Virginia.</p>
<p>“It’s like a home football night game. People are partying right up to kickoff, except there’s no kickoff,” Fishel said.</p>
<p>Streets downtown began to see State Patty’s Day-related traffic by about 10 a.m. By 2 p.m., there were lines to get int bars, and the sidewalks were packed with revelers. The streets stayed crowded through the afternoon and into the night. At about 9:40 p.m., Indigo, a nightclub at 112 W. College Ave., shut down because of the large crowd that had lined up waiting to get inside, police said. The line stretched to South Fraser Street and was blocking traffic.</p>
<p>Earlier in the day, Andrew and Mark, two young men who wouldn’t give their last names, said they had come from Bucknell University and the University of Pittsburgh at Johnstown, respectively, for the party.</p>
<p>“There’s no party this size at Bucknell,” Andrew said.</p>
<p>A student from Bloomsburg University, waiting to get into the Gingerbread Man, said he came to State College to see what the hype was about.</p>
<p>“This town is really live,” he said. “It seems like State Patty’s is like a rite of passage for students, and the authorities trying to stop it just make it worse because we’re going to rage either way.”</p>
<p>One young man traveled 14 hours from Alabama to celebrate his first State Patty’s Day. After climbing atop a mound of snow in front of Five Guys Burgers and Fries and posing for pictures with a keg of beer, he expressed his excitement for the alcohol-fueled celebration.</p>
<p>“It’s a wonderful experience,” he said. “My best friend is a junior here, and he’s been trying to get me up here forever. He was recruiting a bunch of us for months. I don’t know any other place that has this much fun.”</p>
<p>When asked if he was drunk, he answered, “If you’re asking me if I’m having fun, my answer is yes.”</p>
<p>Police reported at least four citations that included hospitalization, three of them related to underage drinking:</p>
<p>•At 11:17 p.m. Friday, a 20-year-old man was seen by police falling down repeatedly while walking on McKee Street. After he was brought to Mount Nittany Medical Center for treatment, he became disorderly and had to be restrained and sedated. He will be charged with disorderly conduct.</p>
<p>•A drunken 19-year-old was found trying to enter a house on the 400 block of Martin Terrace at around 11:30 p.m. on Friday. He was also taken to Mount Nittany Medical Center.</p>
<p>•A 16-year-old boy was found intoxicated, lying down and throwing up on the sidewalk on the 500 block of South Pugh Street at 12:52 a.m. Saturday. He was hospitalized and will be charged with providing false information to police.</p>
<p>•A man who passed out drunk in the lobby of the Days Inn at 240 S. Pugh St. at 3:31 a.m. Saturday also took a trip to the hospital.</p>
<p>Not everyone out on the streets downtown Saturday was out to party. A few local churches had a stand set up on McAllister Street and were handing out free hot chocolate and water.</p>
<p>“We’re just trying to keep people hydrated and keep some kids out of the hospital,” volunteer Kim Dick said.</p>
<p>Cliff White can be reached at 235-3928. Wildamie Ceus is a journalism student at Penn State.</p>
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		<title>Pa. survey: Underage drinking prevalent</title>
		<link>http://www.statecollegelaw.com/pa-survey-underage-drinking-prevalent/</link>
		<comments>http://www.statecollegelaw.com/pa-survey-underage-drinking-prevalent/#comments</comments>
		<pubDate>Sat, 26 Feb 2011 18:01:53 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[alcohol-related offenses]]></category>
		<category><![CDATA[andrew shubin]]></category>
		<category><![CDATA[Penn State and Students]]></category>
		<category><![CDATA[state college lawyer]]></category>
		<category><![CDATA[underage drinking]]></category>

		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=1022</guid>
		<description><![CDATA[HARRISBURG, Pa., Feb. 24 (UPI) &#8212; The Pennsylvania Liquor Control Board says no substance is more widely abused in the United States by those under the age of 21 than alcohol. &#8220;This survey&#8217;s findings should serve as a reminder to parents and the entire community that no one is immune to the dangers of alcohol [...]]]></description>
			<content:encoded><![CDATA[<p>HARRISBURG, Pa., Feb. 24 (UPI) &#8212; The Pennsylvania Liquor Control Board says no substance is more widely abused in the United States by those under the age of 21 than alcohol. </p>
<p>&#8220;This survey&#8217;s findings should serve as a reminder to parents and the entire community that no one is immune to the dangers of alcohol misuse and abuse,&#8221; Patrick J. &#8220;PJ&#8221; Stapleton, chairman of the Pennsylvania Liquor Control Board, says in a statement. </p>
<p>The survey, required annually by law, presents updated information on levels and trends of underage consumption of alcohol prevention programs supported by agency partners and science-based, proven prevention strategies.<span id="more-1022"></span></p>
<p>Using data collected via the Pennsylvania Commission on Crime and Delinquency&#8217;s Pennsylvania Youth Survey and the Core Institute at Southern Illinois University of Carbondale, the study reports:</p>
<p>&#8211; Pennsylvania youth ages 12-17 have a lower rate of alcohol dependence and abuse than the national average.</p>
<p>&#8211; Slightly more than one-third of those youth believe there is a &#8220;great risk&#8221; in using alcohol.</p>
<p>&#8211; Nearly 90 percent of Pennsylvania college students report having used alcohol in their lifetime, compared to 86 percent nationwide.</p>
<p>&#8211; 65 percent of Pennsylvania college students reported having their first drink by the age of 17.</p>
<p>&#8211; Slightly more than half of Pennsylvania college students believe the social atmosphere of their campus promotes alcohol use.</p>
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		<title>Attorney talks rights at UPUA&#8217;s town hall meeting</title>
		<link>http://www.statecollegelaw.com/attorney-talks-rights-at-upuas-town-hall-meeting/</link>
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		<pubDate>Tue, 07 Dec 2010 18:15:39 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[andrew shubin]]></category>
		<category><![CDATA[centre county]]></category>
		<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Criminal Defense]]></category>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=965</guid>
		<description><![CDATA[By Jessica Tully and Christina Gallagher December 7, 2010 Daily Collegian State College attorney Andrew Shubin said Centre County police officers are too concerned with generating a high number of student arrests for low-level offenses at the University Park Undergraduate Association-sponsored town hall meeting Monday night. “What the students don’t understand is that Penn State [...]]]></description>
			<content:encoded><![CDATA[<p>By Jessica Tully and Christina Gallagher<br />
December 7, 2010<br />
Daily Collegian</p>
<p>State College attorney Andrew Shubin said Centre County police officers are too concerned with generating a high number of student arrests for low-level offenses at the University Park Undergraduate Association-sponsored town hall meeting Monday night.</p>
<p>“What the students don’t understand is that Penn State is not Pittsburgh or Philadelphia. State College is like Mississippi — the prosecutors, defense attorneys and jurors are very conservative,” Shubin said.</p>
<p>Shubin, a guest attorney at the meeting, said that if he was defending a client in a Philadelphia county, the first thing that he would tell the judge is that his client is a student at Penn State because it is highly recognized institution.</p>
<p>But he said if he were representing a student in Centre County, it would not matter that the student attended Penn State because his client’s background would be nearly identical to that of 40,000 other students.</p>
<p>Shubin said that it is important for students to realize that State College is a school zone, so low-level offenses, such as drinking and selling marijuana, are treated much more harshly. If his client lived in Philadelphia and was caught selling a quarter pound of marijuana, he would get a misdemeanor charge at the most, Shubin said. If his client was caught selling the illegal substance in State College, he would most likely receive a two to four year mandatory prison sentence.</p>
<p>“I hate that I am paying taxes to incarcerate engineering majors,” Shubin said.<span id="more-965"></span></p>
<p>Shubin said he stresses the importance of students knowing their rights, which are the same for all citizens regardless of age. He also offered three rules for interacting with the police when questioned by authorities.</p>
<p>“Never give a statement to a police officer if you are the suspect of a crime. The answer to every question after you give your name should be lawyer, attorney or counselor. Always be cooperative with the police officer — anything you say will be used against you,” he said.</p>
<p>UPUA President Christian Ragland said it is important that students do not misinterpret Shubin’s advice.</p>
<p>“We should still set the precedent that wrong is wrong, Ragland (senior-political science) said. “Students should know their rights, but above all, they shouldn’t do wrong.”</p>
<p>Shubin said times have changed since he and parents of Penn State students were in college.</p>
<p>“We’re living in a totally different world now — but I’m not convinced that it is a better world, Shubin said. “The government can put so much destruction in your life when we did the same thing when we were younger and grew up to be law-abiding citizens.”</p>
<p>UPUA Programming Committee Chairwoman Ali Cook said she believes students will find Shubin’s advice helpful.</p>
<p>“I think he provided a valuable service for students and I don’t think he encouraged students to engage in illegal activities,” Cook (sophomore-finance and economics) said.</p>
<p>Ragland also discussed the issue of student safety and handed out surveys to collect data on students’ feelings regarding campus safety. The surveys are also available online at UPUA’s website for completion.</p>
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		<title>Young voices: Raise fines for underage drinking in Pennsylvania</title>
		<link>http://www.statecollegelaw.com/young-voices-raise-fines-for-underage-drinking-in-pennsylvania/</link>
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		<pubDate>Tue, 16 Nov 2010 15:01:52 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=956</guid>
		<description><![CDATA[November 12, 2010 By Ashlynn Cannata, Fort LeBoeuf High School The tougher drinking laws that are being considered by officials from Pennsylvania are an excellent idea. It seems to me that underage drinking is a problem that is only getting worse, and I&#8217;m not the only one noticing this trend. Many homeowners living near campuses [...]]]></description>
			<content:encoded><![CDATA[<p>November 12, 2010</p>
<p>By Ashlynn Cannata, Fort LeBoeuf High School</p>
<p>The tougher drinking laws that are being considered by officials from Pennsylvania are an excellent idea. It seems to me that underage drinking is a problem that is only getting worse, and I&#8217;m not the only one noticing this trend.  </p>
<p>Many homeowners living near campuses are becoming worried about this drunken behavior, too. Unless someone steps in to increase the consequences for these behaviors, they are just going to continue to escalate. If the penalties for underage drinking and public drunkenness haven&#8217;t changed since the 1970s, how can anyone expect this problem to get better, let alone solve itself?</p>
<p>Currently, underage drinking fines range from $300 to $500. You can be fined up to $300 for littering, a less serious offense than underage drinking. So, why would someone who was caught drinking underage potentially pay the say amount as someone who littered?</p>
<p>Underage drinking is a serious offense and should be treated as such. According to reports, some have been charged and paid the current fine, only to return to their bad behavior later. If the fine reached $1,000, it would significantly deter individuals from repeating their crime.</p>
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		<title>The Other Big Debate This Election Cycle &#8212; The &#8216;Wets&#8217; vs. &#8216;Drys&#8217;</title>
		<link>http://www.statecollegelaw.com/the-other-big-debate-this-election-cycle-the-wets-vs-drys/</link>
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		<pubDate>Mon, 01 Nov 2010 19:17:15 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=951</guid>
		<description><![CDATA[By Jason Mercier and Anthony Randazzo October 29, 2010 &#124; FoxNews.com Seventy-seven years after the end of prohibition the battle of the “wets” versus the “drys” is alive and well in those states considering ending their government monopolies over the sale of liquor. Though not as colorful as the epic battles between Al Capone and [...]]]></description>
			<content:encoded><![CDATA[<p>By Jason Mercier and Anthony Randazzo<br />
October 29, 2010 | FoxNews.com</p>
<p>Seventy-seven years after the end of prohibition the battle of the “wets” versus the “drys” is alive and well in those states considering ending their government monopolies over the sale of liquor. Though not as colorful as the epic battles between Al Capone and Elliot Ness, the underlining debate continues over whether government control of liquor sales has measurable societal benefits.</p>
<p>As one of 18 monopoly control states (only government sale of liquor allowed), this question is front and center in Washington State where not one, but two ballot measures are being considered on whether to end the state’s liquor monopoly. A similar debate is occurring in the control states of Virginia and Pennsylvania.<span id="more-951"></span><a href="http://www.foxnews.com/opinion/2010/10/29/jason-mercier-anthony-randazzo-great-liquor-debate-washington-state-al-capone/"></p>
<p>Proponents of government control over liquor sales argue a state monopoly serves numerous social goals, such as preventing under-age drinking and reducing alcohol related deaths. </p>
<p>A central argument against private liquor sales is that ending government monopolies would lead to drastic social costs. For example, the National Alcohol Beverage Control Association argues that privatization of liquor sales would increase binge drinking and decrease road safety.</p>
<p>But a recent Commonwealth Foundation study looking at national per-capita alcohol consumption questioned the supposed link between state control and achieving social goals. The study examined rates of underage drinking, underage binge drinking, alcohol related road fatalities and DUI arrests.</p>
<p>Were the Commonwealth findings supportive of NABCA and other’s claims, then serious consideration should be given to slowing the privatization process. But the data paints quite a different story.</p>
<p>The study finds that while alcohol consumption in privately operated license states is slightly higher than in controlled states, “among controlled states, greater levels of control are actually associated with increased consumption rates.” Similarly, the rates of underage drinking and underage binge drinking “are virtually identical in license and control states.”</p>
<p>The study also found that states with private liquor sales don’t have any more alcohol-related traffic deaths than control states. However, “among control states, states with the most controls also exhibit the highest rates of alcohol-related traffic deaths – even after adjusting for differences in enforcement of DUI laws.”</p>
<p>Our own review of the data reveals that societal effects of drinking, such as the percentage of binge drinkers by state, is more closely correlated to regions of the country, rather than control versus private sales. </p>
<p>Essentially, the evidence suggests that state run monopolies do not result in any better social restraint than states with private liquor sales.</p>
<p>Another argument against ending government monopolies, particularly prevalent in the Washington State debate, is that treating liquor sales the same as beer and wine will lead to increased societal harm.</p>
<p>However, a 2007 study on binge drinking published in the American Journal of Preventive Medicine provides some sobering evidence against those claims.</p>
<p>According to the researchers: “Overall, 74.4% of binge drinkers consumed beer exclusively or predominantly, and those who consumed at least some beer accounted for 80.5% of all binge alcohol consumption.” B</p>
<p>Breaking down the numbers by beverage type, beer accounts for 67.1% of binge drinks consumed, compared to liquor at 21.9%, and wine only10.9%. The study concluded that beer accounted for the “most alcohol consumed by those at greatest risk of causing or incurring alcohol-related harm.”</p>
<p>This means that unless those arguing for government monopoly control of sales want to include beer and wine with the hard liquor restrictions, their arguments over societal costs ring hollow.</p>
<p>The “Great Recession” is forcing states across the country to reset their programs and focus on their core functions. The question for citizens in the 18 liquor monopoly states is whether selling liquor is a core government function or whether it is an outdated holdover from the prohibition era. Regardless of whether you fill your glass with private or government-supplied liquor, the answer is unlikely to alter alcohol’s impact on society.</p>
<p>Jason Mercier is Director of the Center for Government Reform at the Washington Policy Center based in Seattle. Anthony Randazzo is Director of Economic Research for the Reason Foundation based in D.C.</p>
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		<title>Governor Rendell Signs Bill to Further Reform of State Prisons</title>
		<link>http://www.statecollegelaw.com/governor-rendell-signs-bill-to-further-reform-of-state-prisons/</link>
		<comments>http://www.statecollegelaw.com/governor-rendell-signs-bill-to-further-reform-of-state-prisons/#comments</comments>
		<pubDate>Thu, 28 Oct 2010 17:24:50 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=949</guid>
		<description><![CDATA[HARRISBURG (October 27)- Pennsylvania Governor Edward Rendell today signed legislation to reform the commonwealth’s sentencing and parole systems, in an attempt to address overcrowded state prisons. The American Civil Liberties Union of Pennsylvania praised the governor and the legislature for continuing reform efforts but also noted that more work needs to be done. “The status [...]]]></description>
			<content:encoded><![CDATA[<p>HARRISBURG (October 27)- Pennsylvania Governor Edward Rendell today signed legislation to reform the commonwealth’s sentencing and parole systems, in an attempt to address overcrowded state prisons.   The American Civil Liberties Union of Pennsylvania praised the governor and the legislature for continuing reform efforts but also noted that more work needs to be done.</p>
<p>“The status quo is not sustainable,” said Andy Hoover, legislative director of the ACLU of Pennsylvania.  “Legislators and the governor recognize that simply warehousing as many people as possible is a recipe for financial disaster.”<span id="more-949"></span></p>
<p>Senate Bill 1161, introduced by Senator Stewart Greenleaf (R-Montgomery and Bucks Counties), gives legislative approval to the practice of keeping technical parole violators out of prison.  A technical parole violation occurs when a parolee violates parole in some way but does not commit a new crime.  The bill also gives the Board of Probation and Parole the power to release inmates when they reach their minimum sentence if the only reason for continuing to incarcerate them is that they have not finished required programming, like drug and alcohol counseling.  Inmates in that scenario will be expected to finish programming while on parole.</p>
<p>Finally, the bill tasks the Commission on Sentencing to devise guidelines on potential for reoffending and for rehabilitation that can be used by judges to divert defendants into programs as alternatives to incarceration.</p>
<p>Hoover called the bill “a good start” and said that the reform work must continue.</p>
<p>“This new law has the potential to have a positive impact on the state’s bursting prison system,” Hoover said.  “We are disappointed, though, that the final bill was not as strong as the language passed by the Senate.”</p>
<p>SB 1161 originally included a provision that would allow inmates to be moved from state prisons to pre-release centers when they are within 18 months of their minimum sentence.  That provision was removed by the House Judiciary Committee.</p>
<p>“We’d like to see the legislature try again to pass that initiative,” Hoover said.  “It also did not address mandatory minimum sentencing reform this session.  That is sorely needed.”</p>
<p>The Commission on Sentencing released a report last year that stated that mandatory minimum sentences have no impact on deterring crime.  The report also recommended several reform ideas to alter mandatory minimum sentences.</p>
<p>The commonwealth is committed to building four new prisons by 2013.  The construction costs will be more than $800 million.  Former Department of Corrections Secretary Jeffrey Beard has stated that those four prisons will be filled to capacity shortly after they open, if the current inmate influx continues.</p>
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		<title>ACLU-PA Files Lawsuit on Behalf of Parents Whose Newborn Was Seized After Mom&#8217;s Poppy-Seed Bagel Caused Positive Drug Test</title>
		<link>http://www.statecollegelaw.com/aclu-pa-files-lawsuit-on-behalf-of-parents-whose-newborn-was-seized-after-moms-poppy-seed-bagel-caused-positive-drug-test/</link>
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		<pubDate>Thu, 28 Oct 2010 16:13:25 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=945</guid>
		<description><![CDATA[October 28, 2010 PITTSBURGH &#8211; The American Civil Liberties Union of Pennsylvania filed a federal lawsuit today on behalf of a Newcastle couple, Elizabeth Mort and Alex Rodriguez, whose newborn daughter was seized and held for five days by Lawrence County Children and Youth Services (LCCYS) after the mother failed a hospital drug test because [...]]]></description>
			<content:encoded><![CDATA[<p>October 28, 2010</p>
<p>PITTSBURGH &#8211; The American Civil Liberties Union of Pennsylvania filed a federal lawsuit today on behalf of a Newcastle couple, Elizabeth Mort and Alex Rodriguez, whose newborn daughter was seized and held for five days by Lawrence County Children and Youth Services (LCCYS) after the mother failed a hospital drug test because she had recently eaten a bagel with poppy seeds.</p>
<p>&#8220;No parent should have to go through what this couple did,&#8221; said ACLU of Pennsylvania staff attorney Sara Rose, who is representing Mort and Rodriguez. &#8220;This case is a tragic illustration of the harm that can result when the government removes a child based only on the accusation of a third party and without any independent investigation.&#8221;<span id="more-945"></span></p>
<p>After the birth of their first child, a healthy baby girl named Isabella, Mort and Rodriguez returned home from Jameson Hospital on April 29, 2010, expecting to settle in to the challenges and joys of parenthood. Instead, one day later, the new parents were confronted at their home by two LCCYS caseworkers and two police officers armed with a court order to remove the three-day-old infant. This was the first time Mort learned that she had tested positive for drugs while in the hospital. Despite Mort&#8217;s insistence that she had never used illegal drugs while pregnant, the case workers took Isabella away and held her for five days.</p>
<p>&#8220;When she was gone our family was just at a loss of words,&#8221; Mort said. &#8220;I couldn&#8217;t stop crying. Alex just didn&#8217;t even know how to be himself. It felt like our heart was ripped in pieces. The most important person was missing, and we didn&#8217;t know when we would see her again.&#8221;</p>
<p>According to the lawsuit, Jameson Hospital, where Mort gave birth, uses a much lower threshold for a positive drug screening than federal guidelines, leading to a higher rate of false positives. Jameson has a policy of testing all maternity patients for drugs and requires its staff to notify LCCYS of a positive drug test. Neither practice is required by federal or state law. According to the hospital&#8217;s policy, a screen is considered positive for opiates at 300 nanograms/mL or above. Federal work-place guidelines, in contrast, are set at 2000 nanograms/mL to avoid false positives from common foods and medicines.</p>
<p>Throughout her stay in the hospital, Mort was never informed that she had tested positive for drugs, nor was she asked whether she had eaten any foods that could interfere with her test result. Mort and her fiancé, Rodriguez, only learned that poppy seeds could create a false positive in a drug test after Mort&#8217;s distraught father began his own investigation into what could have caused his daughter&#8217;s positive result. Mort had eaten an &#8220;everything&#8221; bagel with poppy seeds from Dunkin&#8217; Donuts two hours before checking into the hospital.</p>
<p>&#8220;Jameson Hospital&#8217;s policy of drug-testing all obstetrical patients for opiates at cut-off levels so low that they are triggered by the mere consumption of a poppy seed bagel, and then reporting these unreliable results to LCCYS is plainly misguided, and contributed in a significant way to the improper removal of Isabella from the safety and comfort of her home,&#8221; said Patricia Dodge of Meyer, Unkovic &#038; Scott and one of the attorneys representing Mort and Rodriguez.</p>
<p>The lawsuit claims that Jameson Hospital was responsible for the harm to Mort caused by the removal of her baby because it incorrectly interpreted the results of her drug test and reported a false positive to LCCYS.</p>
<p>The lawsuit also alleges that LCCYS has a policy of violating parents&#8217; due process rights by authorizing its caseworkers to take infants into protective custody based solely on positive drug tests by their mothers without any reasonable suspicion that the infant has been abused or is in danger of abuse. In this case, LCCYS made no attempt to interview the parents or other family members or contact Mort&#8217;s obstetrician before seizing Isabella.</p>
<p>During one meeting between LCCYS and Mort, a caseworker admitted the agency had experienced problems with Jameson in the past and that it made a mistake by removing Isabella. The baby was returned to her parents on May 5, 2010. The following day, LCCYS filed a motion with the court saying &#8220;[a]fter further investigation, there is no evidence to support illegal drug use by the natural mother, Elizabeth Mort.&#8221;</p>
<p>Testing positive for opiates after eating poppy seeds is not an urban myth. Several courts have recognized the risks of a false positive due to common foods and medication. In a 2004 opinion, the Pennsylvania Superior Court stated &#8220;We note that eating poppy seeds can produce an opiate positive test result.&#8221;</p>
<p>The case is Mort v. Lawrence County Children and Youth Services, et al., and Mort and Rodriguez are represented by Dodge of Meyer, Unkovic &#038; Scott and Rose and Witold Walczak of the ACLU of Pennsylvania.</p>
<p>More information about the case, including a client statement, photo, and a copy of the complaint, can be found at: http://www.aclupa.org/legal/legaldocket/mortvlawrencecountychildre.htm</p>
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		<title>Alcohol offenses, theft top PSU crime report</title>
		<link>http://www.statecollegelaw.com/alcohol-offenses-theft-top-psu-crime-report/</link>
		<comments>http://www.statecollegelaw.com/alcohol-offenses-theft-top-psu-crime-report/#comments</comments>
		<pubDate>Fri, 22 Oct 2010 13:22:37 +0000</pubDate>
		<dc:creator>Shubin</dc:creator>
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		<guid isPermaLink="false">http://www.statecollegelaw.com/?p=941</guid>
		<description><![CDATA[Chad Lear &#8211; For the Centre Daily Times Oct. 21, 2010 Alcohol offenses and thefts continue to be the biggest problems at Penn State, according to the university’s annual crime report. “If you look at driving under the influence, liquor law and public drunkenness, those numbers are still high,” said Penn State Deputy Police Chief [...]]]></description>
			<content:encoded><![CDATA[<p>Chad Lear &#8211; For the Centre Daily Times<br />
Oct. 21, 2010</p>
<p>Alcohol offenses and thefts continue to be the biggest problems at Penn State, according to the university’s annual crime report.<br />
“If you look at driving under the influence, liquor law and public drunkenness, those numbers are still high,” said Penn State Deputy Police Chief Tyrone Parham.<br />
In 2009, those three offenses alone accounted for 783 of the 1,726 Part II offenses. Part II offenses also include drug offenses and weapons possession.<br />
During the past three years, alcohol-related offenses have gone up, along with the blood alcohol content levels of Penn State students who have required medical attention for alcohol overdoses, Parham said.<span id="more-941"></span><br />
“We’d like to see all of those numbers go down. Unfortunately, the trend is people seem to be drinking larger quantities and volumes of alcohol,” he said.<br />
Theft is also a big concern for police on campus. In 2009, theft was responsible for 439 of the 526 Part I offenses, which also include forcible rape, assault and burglary.<br />
One reason for the large number was that a lot of the stolen property was either unattended or not secured. “They’re kind of crimes of opportunity,” said Parham.<br />
In general, the total number of Part I and Part II offenses — more serious and more violent crimes and lesser offenses, respectively — has remained consistent during the past three years. In 2007, 2008 and 2009 offenses totaled 2,055, 2,268 and 2,252, respectively.<br />
The only notable increase in Part I offenses during the past three years was in aggravated assaults. In 2007 and 2008 combined, there were 13 aggravated assaults. That number jumped to 23 in 2009, with 12 involving dangerous weapons.<br />
Still, the rise in aggravated assaults hasn’t been a big problem, Parham indicated. Many of the assaults involved people who knew each other and were not random acts of violence, he said.<br />
The report was sent out Saturday by e-mail to students, faculty and staff at University Park.<br />
Parham said Penn State and its surrounding community remain one of the safest places to live in the country.<br />
“Generally speaking, it’s a good thing that we don’t have significant increases in serious assaults, robberies, homicides, forceful rapes and all those types of things,” he said.<br />
Chad Lear is a Penn State journalism student.</p>
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