Hector P Garcia Institute of Education, Integrity, Culture and Public Policy

Mommy told you tony you tiny worm.............. 105 years ago one of their relatives, one of their relatives was an heir? confession?

2009-09-12T22:42:00.000-07:00

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NUMBER 13-02-00130-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI B EDINBURG

SISTER CARMEN DE LLANO, JOSEPHINE JOHNSON,

INDEPENDENT EXECUTRIX OF THE ESTATE OF

MANUEL DE LLANO, BLANCA A. DE LLANO DE AGUILAR,

MARTHA DE LLANO DE OLIVERA, FERNANDO

DE LLANO, JR., AS PERSONAL REPRESENTATIVE

OF THE ESTATE OF FERNANDO DE LLANO, AND

JOSEFINA DE LLANO, Appellants,

v.

PABLO SUESS AND FROST NATIONAL BANK,

TRUSTEES OF THE JOHN G. KENEDY, JR.

CHARITABLE TRUST, Appellees.

On appeal from the 206th District Court of Hidalgo County, Texas.

MEMORANDUM OPINION

Before Justices Hinojosa, Yañez, and Garza

Memorandum Opinion by Justice Hinojosa

Appellants, Sister Carmen De Llano, Josephine Johnson, independent executrix of the estate of Manuel De Llano, Blanca De Llano De Aguilar, Martha De Llano De Olivera, Fernando De Llano, Jr., as personal representative of the estate of Fernando De Llano, and Josefina De Llano, filed suit against appellees, Pablo Suess and Frost National Bank, Trustees of the John G. Kenedy, Jr. Charitable Trust, for the recovery of real property, asserting various tort claims. A jury returned a verdict in favor of appellees, finding against appellants on all liability theories and in favor of appellees= defenses. In six issues, appellants (1) question the finality of the judgment and the jurisdiction of the trial court, (2) contend the appearance of the Attorney General of the State of Texas violated the Texas and United States Constitutions, (3) contend appellees= appeal to race during closing argument was incurable, (4) contend the trial court erred in failing to disqualify attorney J. A. ATony@ Canales, and (5) contend the jury=s finding on adverse possession requires this Court to render judgment for appellants. We affirm.

A. Background

As this is a memorandum opinion and because all issues of law presented by this case are well settled and the parties are familiar with the facts, we will not recite the law and the facts here except as necessary to advise the parties of this Court's decision and the basic reasons for it. See Tex. R. App. P. 47.4.

B. Finality of Judgment

In their sixth issue, appellants contend the trial court=s judgment is not final because: (1) it adjudicated the claims of Athe Unknown Heirs of Carmen Morell Kenedy;@ (2) it failed to adjudicate appellees= counterclaim for attorneys fees; and (3) it failed to identify, with sufficient particularity, the real property interests involved.[1]

Appellants assert the judgment improperly adjudicates the claims of the unknown heirs of Carmen Morell Kenedy. However, even though a trial court grants more relief than it ought to grant, the judgment is nevertheless final. See Jacobs v. Satterwhite, 65 S.W.2d 653, 655 (Tex. 2001). An order that expressly disposes of the entire case is not interlocutory merely because the record fails to show an adequate motion or other legal basis for the disposition. Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 206 (Tex. 2001). Language that the plaintiff take nothing by his claims in the case, or that the case is dismissed, shows finality if there are no other claims by other parties. Id. at 205.

Appellants further assert that because appellees requested an award of attorneys fees as a counterclaim, and no language in the judgment specifically states that they take nothing by their counterclaims, the judgment is not final. However, when a judgment, not intrinsically interlocutory in character, is rendered and entered in a case regularly set for a conventional trial on the merits, it will be presumed for appeal purposes that the court intended to, and did, dispose of all parties legally before it and of all issues made by the pleadings between such parties. Moritz v. Preiss, 121 S.W.3d 715, 719 (Tex. 2003). Furthermore, claims raised by pleadings not expressly disposed of by a judgment are denied by implication. Rackley v. Fowlkes, 89 Tex. 613, 36 S.W. 77, 78 (1896).

The judgment specifically says it is a AFinal Judgment,@ acknowledges appellees as counter-plaintiffs, and awards appellees the substantive relief requested in their counterclaims. Appellees admit that they did not produce any evidence in support of their claim for attorneys fees. Accordingly, we conclude that appellees= claim for attorneys fees was implicitly denied.

Finally, appellants argue that the judgment fails to identify with sufficient particularity the real property interests involved. However, because appellants fail to cite to any authority for their contention, this argument is waived. See Tex. R. App. P. 38.1(h). Appellants= sixth issue is overruled.

C. Participation of Attorney General

In their first issue, appellants contend the trial court violated the Texas and United States Constitutions by allowing the Attorney General of the State of Texas to appear before the jury on behalf of appellees. They assert that the attorney general=s participation in this suit constitutes excessive entanglement of the State and religious organizations. We note that appellants did not raise this contention before the trial court.

The attorney general intervened in this matter pursuant to section 123.002 of the property code, which provides:

For and on behalf of the interest of the general public of this state in charitable trusts, the attorney general is a proper party and may intervene in a proceeding involving a charitable trust. The attorney general may join and enter into a compromise, settlement agreement, contract, or judgment relating to a proceeding involving a charitable trust.

Tex. Prop. Code Ann. '123.002 (Vernon 1995).

Immediately before voir dire, when asked if there were any other Ahousekeeping matters@ to address, without challenging the constitutionality of the statutory basis for the attorney general=s intervention, counsel for appellants expressed concern regarding the attorney general=s participation at trial. When asked by the trial court if appellants were making a motion, appellants= counsel responded:

We are asking the Court to either limit her participation or at least set some ground rules, because if she is allowed unfettered access to this litigation, she will be essentially acting in violation of the constitutional restrictions that are set out in the Texas Constitution that prohibit the interference or the assistance of the state to any particular religious group. And we believe that=s improper and illegal.

When asked a second time by the trial court what relief appellants were requesting, counsel responded:

. . . . We want the Court to set some very specific ground rules that will limit the presentation to the jury of any inference or possibility in their minds that they will perceive the State as lending its weight and prestige to a secular religious organization, which we believe is improper under the constitution. We need some rules, some relief that will protect the jury from seeing the attorney general or hearing the attorney general arguing or representing religious entities.

The trial court then set forth the requested parameters and asked appellants if there was anything else needed from the plaintiff=s perspective. Counsel for appellants stated, AThat=s it, your Honor.@

The record reflects that appellants did not challenge the constitutionality of section 123.002 of the property code. Appellants only asked the trial court to set parameters for the attorney general=s participation at trial, and the trial court granted appellants= request. The trial court then inquired whether there was anything else, and appellants stated they had no further requests.

Accordingly, we conclude that a constitutional challenge was not properly raised in the trial court, and a constitutional challenge not raised properly in the trial court is waived on appeal. See Wood v. Wood, 320 S.W.2d 807, 813 (Tex. 1959); Walker v. Employees Ret. Sys., 753 S.W.2d 796, 798 (Tex. App.BAustin 1988, writ denied). Appellants= first issue is overruled.

D. Improper Jury Argument

In their second issue, appellants contend that appellees= appeal to race and national origin during closing argument constituted improper jury argument that was incurable. Specifically, appellants challenge the reference to Carmen Morell Kenedy as a Agood old Mexican gal@ and Alittle Mexicanita@ and a reference to Ahalf-Mexicans.@

Incurable reversible error occurs when any attorney suggests, either openly or with subtlety and finesse, that a jury feel solidarity with or animus toward a litigant or a witness because of race or ethnicity. Tex. Employers Ins. Ass=n v. Guerrero, 800 S.W.2d 859, 866 (Tex. App.BSan Antonio 1990, writ denied); see Mission Res., Inc. v. Garza Energry Trust, 2005 Tex. App. LEXIS 3443, at *45-46 (Tex. App.BCorpus Christi May 5, 2005, no pet. h.) (Acourtroom strategies appealing to racial or ethnic biases are highly improper and unfairly prejudicial@). To prove incurable jury argument, the complaining party must show (1) improper argument was made; (2) that was not invited or provoked; (3) that was properly preserved at trial, such as by objection, motion to instruct or motion for mistrial; (4) error was not curable by instruction, prompt withdrawal of statement, or reprimand by judge; and (5) argument, by nature, degree, and extent, constituted reversible error based on examination of the entire record to determine the argument's probable effect on a material finding. See Standard Fire Ins. Co. v. Reese, 584 S.W.2d 835, 839‑40 (Tex. 1979); Tex. Employers Ins. Ass'n v. Puckett, 822 S.W.2d 133, 135 (Tex. App.BHouston [1st Dist.] 1991, writ denied).

Appellees argue that none of the statements made during closing argument constitute incurable jury argument and, moreover, any statements made by appellees were provoked by appellants= own appeal to racial prejudice that began during voir dire and continued throughout the trial. We agree.

During voir dire, appellants questioned jurors about Tejano history and referred to Dr. Andres Tijerina, a Tejano historian, who would testify at trial. During opening argument, appellants referred to Carmen as a poor Mexican girl who had her property stolen. During trial, appellants called Dr. Tijerina, who testified at length about the adverse treatment of people of Mexican descent by people of Anglo heritage and the unfair acquisition of land by Anglos from people of Mexican descent. Appellants also presented testimony regarding the use of the Texas Rangers by Captain King to murder people of Mexican descent, steal their land, and use lawyers to fix the documents. We conclude that such comments and evidence invited or provoked the challenged argument. Appellees= argument was nothing more than an appeal to the jury to disregard ethnicity, an issue first raised by appellants in this case.[2] Appellants second issue is overruled.

E. Disqualification of Defense Counsel

In their third issue, appellants contend the trial court erred by failing to disqualify attorney J. A. ATony@ Canales. Because appellants fail to (1) include any record references, (2) set forth the law regarding the disqualification of attorneys, and (3) provide any substantive analysis regarding this issue, we conclude this issue is waived. See Tex. R. App. P. 38.1(h) (AThe brief must contain a clear and concise argument for the contentions made, with appropriate citations to authorities and to the record.@). Appellants= third issue is overruled.

F. Jurisdiction

Despite their success in opposing appellees= plea to the jurisdiction, in their fourth issue, appellants request A[o]ut of an abundance of caution and to finally settle the parties= jurisdictional dispute . . . a ruling from this Court stating which court properly may exercise subject matter jurisdiction over this case. . . .@

In a plea to the jurisdiction, appellees argued that the trial court lacked jurisdiction because appellants= claims constituted an impermissible collateral attack on judgments issued by courts of competent jurisdiction. However, we conclude that appellants= petition was not an attack on these judgments. Appellants= petition did not contest the validity of Carmen=s or any other individual=s will, nor did it seek to set aside any orders. Rather, it sought to clarify what interest Carmen held in the capital stock of Kenedy Pasture Company. The admission of Carmen=s will to probate is irrelevant to appellants= right to recovery or to the issues presented by their petition.

Moreover, since appellants= petition did not seek to avoid the effect of the court=s order, the action is not a collateral attack. See Solomon, Lambert, Roth & Assoc. v. Kidd, 904 S.W.2d 896, 900 (Tex. App.BHouston [1st Dist.] 1995, no writ) (collateral attack is one that attempts to avoid effect of judgment in proceeding brought for some other purpose and seeks to show original judgment is void). Appellants= fourth issue is overruled.

G. Adverse Possession

In their fifth issue, appellants contend the jury=s favorable finding on appellees= affirmative defense of adverse possession establishes that appellants had a Apresent possessory interest in real property.@ Therefore, appellants argue, this Court should render judgment for appellants for no less than one-fourth of all property interests and proceeds claimed by appellees. Appellants make this argument even though the jury found unanimously in favor of appellees, answering Ano@ to all liability questions.

An affirmative defense is by its nature "one of confession and avoidance" which seeks to establish an independent reason why the plaintiff should not prevail. Tex. Beef Cattle Co. v. Green, 921 S.W.2d 203, 212 (Tex. 1996). However, establishing an affirmative defense in no way relieves the plaintiff from proving the elements of his claim. If we were to accept appellants= argument that a finding of an element of an affirmative defense avoiding liability implicitly establishes the liability the defense seeks to avoid, we believe it would nullify the function of affirmative defenses. Accordingly, appellants= fifth issue is overruled.

The judgment of the trial court is affirmed.

FEDERICO G. HINOJOSA

Justice

Memorandum Opinion delivered and filed this

the 16th day of June, 2005.

[1] At oral argument, appellants argued, for the first time, that the judgment does not adjudicate the rights of the Attorney General of the State of Texas. This argument was not briefed, and a new issue may not be presented for the first time at oral argument. See Tex. R. App. P. 38.1(e), 39.2; see also Vawter v. Garvey, 786 S.W.2d 263, 264 (Tex. 1990); In the Interest of C.A.K., 155 S.W.3d 554, 562 n.5 (Tex. App.BSan Antonio 2004, pet. filed).

[2] During closing argument, appellees= counsel, J. A. ATony@ Canales, argued:

This is a classic lawsuit abuse case, let me tell you right now. I am telling you. It is B they are doing nothing else but trying to squeeze money out of us. Why? Because 105 years ago one of their relatives, one of their relatives was an heir? Because they came over from Mexico, all of a sudden, because the politics of South Texas has changed and we now have a majority of Hispanic jurors? Do you know, just because you happen to be of Mexican descent doesn=t mean you are going to rule for somebody just for that. We are Americans; right? You told me B you promised me when we started this case, you are going to call it the way it is. I said in the beginning, this is not a case about a bunch of Rangers coming and killing a bunch of Mexicans and taking their property away. Remember I said that? Is this what this case is about?

U suck tony the VENDIDO, you embarrass your self. Now how did Bryan smith afford you? Celis was charged the same? Momma knows all the secrets but she told many in http://www.blogger.com/post-create.g?blogID=32053574#

We share the same short moment of life; We seek nothing but the chance 2 live our lives in purpose & in happiness winning what satisfaction & ....

2009-02-01T19:47:00.000-08:00

winning what satisfaction and fulfillment they can

This is a time of shame and sorrow. It is not a day for politics. I have saved this one opportunity, my only event of today, to speak briefly to you about the mindless menace of violence in America which again stains our land and every one of our lives. It is not the concern of any one race. The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one - no matter where he lives or what he does - can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on and on in this country of ours. Why?

What has violence ever accomplished? What has it ever created?

No martyr's cause has ever been stilled by an assassin's bullet.

No wrongs have ever been righted by riots and civil disorders.

A sniper is only a coward, not a hero;

and an uncontrolled, uncontrollable mob is only the voice of madness, not the voice of reason.
Whenever any American's life is taken by another American unnecessarily - whether it is done in the name of the law or in the defiance of the law, by one man or a gang, in cold blood or in passion, in an attack of violence or in response to violence - whenever we tear at the fabric of the life which another man has painfully and clumsily woven for himself and his children, the whole nation is degraded.

"Among free men," said Abraham Lincoln, "there can be no successful appeal from the ballot to the bullet; and those who take such appeal are sure to lose their cause and pay the costs."

Yet we seemingly tolerate a rising level of violence that ignores our common humanity and our claims to civilization alike. We calmly accept newspaper reports of civilian slaughter in far-off lands. We glorify killing on movie and television screens and call it entertainment. We make it easy for men of all shades of sanity to acquire whatever weapons and ammunition they desire. Too often we honor swagger and bluster and wielders of force; too often we excuse those who are willing to build their own lives on the shattered dreams of others. Some Americans who preach non-violence abroad fail to practice it here at home. Some who accuse others of inciting riots have by their own conduct invited them. Some look for scapegoats, others look for conspiracies, but this much is clear: violence breeds violence, repression brings retaliation, and only a cleansing of our whole society can remove this sickness from our soul. For there is another kind of violence, slower but just as deadly destructive as the shot or the bomb in the night. This is the violence of institutions; indifference and inaction and slow decay. This is the violence that afflicts the poor, that poisons relations between men because their skin has different colors. This is the slow destruction of a child by hunger, and schools without books and homes without heat in the winter. This is the breaking of a man's spirit by denying him the chance to stand as a father and as a man among other men. And this too afflicts us all. I have not come here to propose a set of specific remedies nor is there a single set. For a broad and adequate outline we know what must be done. When you teach a man to hate and fear his brother, when you teach that he is a lesser man because of his color or his beliefs or the policies he pursues, when you teach that those who differ from you threaten your freedom or your job or your family, then you also learn to confront others not as fellow citizens but as enemies, to be met not with cooperation but with conquest; to be subjugated and mastered. We learn, at the last, to look at our brothers as aliens, men with whom we share a city, but not a community; men bound to us in common dwelling, but not in common effort. We learn to share only a common fear, only a common desire to retreat from each other, only a common impulse to meet disagreement with force. For all this, there are no final answers. Yet we know what we must do. It is to achieve true justice among our fellow citizens. The question is not what programs we should seek to enact. The question is whether we can find in our own midst and in our own hearts that leadership of humane purpose that will recognize the terrible truths of our existence. We must admit the vanity of our false distinctions among men and learn to find our own advancement in the search for the advancement of others. We must admit in ourselves that our own children's future cannot be built on the misfortunes of others. We must recognize that this short life can neither be ennobled or enriched by hatred or revenge. Our lives on this planet are too short and the work to be done too great to let this spirit flourish any longer in our land. Of course we cannot vanquish it with a program, nor with a resolution. But we can perhaps remember, if only for a time, that those who live with us are our brothers, that they share with us the same short moment of life; that they seek, as do we, nothing but the chance to live out their lives in purpose and in happiness, winning what satisfaction and fulfillment they can. Surely, this bond of common faith, this bond of common goal, can begin to teach us something. Surely, we can learn, at least, to look at those around us as fellow men, and surely we can begin to work a little harder to bind up the wounds among us and to become in our own hearts brothers and countrymen once again.

elements of justice in federal housing

2008-07-30T02:15:00.000-07:00

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NUMBER 13-07-00277-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

CORPUS CHRISTI

HOUSING AUTHORITY , Appellant,

MARIA LARA, Appellee.

On appeal from the County Court at Law No. 5

of Nueces County, Texas.

O P I N I O N

Before Chief Justice Valdez and Justices Garza and Benavides

Opinion by Chief Justice Valdez

Appellant, Corpus Christi Housing Authority, appeals from an order dismissing its forcible detainer action against appellee, Maria Lara, a housing authority tenant.⁽¹⁾ See Tex. Prop. Code Ann. § 24.002 (Vernon 2000). The housing authority terminated Lara's residential lease because she allegedly violated lease provisions, provided Lara with formal notice of the lease termination, and subsequently obtained an eviction judgment from a justice court. See id. § 24.004 (Vernon 2000). Lara appealed to a county court at law and moved to dismiss the housing authority's action because its notice was defective under controlling federal rules. The trial court granted Lara's dismissal motion. By two issues, the housing authority contends that the trial court erred by dismissing its suit because: (1) its notice was adequate; and (2) even if the notice was inadequate, Lara had actual notice of the lease termination. We reverse and remand.

I. Background⁽²⁾

Lara leased an apartment from the housing authority on November 27, 1995, and she has lived in a housing authority apartment ever since. The housing authority terminated Lara's lease on October 10, 2006 because Lara, her minor son, and her daughter allegedly engaged in criminal activity, which was a violation of the lease provisions and federal law.

A. Alleged Criminal Activity

The events underlying the lease termination occurred on the evenings of September 19 and October 2, 2006. On September 19, Officer J. Cantu received a call regarding a speeding motorcycle on the street in front of Lara's apartment. According to Officer Cantu's report, he witnessed a motorcycle traveling at a high rate of speed on a street where children were playing. Upon stopping the motorcycle, Officer Cantu questioned the driver, who identified himself as P.L., Lara's minor son. P.L. was not licensed to operate a motorcycle, and the motorcycle was not registered. Officer Cantu then made contact with Lara and her daughter, who "were in aggressive postures and were vulgar and vocal" to him according to his report. Officer Cantu's report noted that P.L. was "cited," but it did not specify what, if any infractions were included in the citation. Officer Cantu did not arrest anyone during his investigation.

On October 2, Officer Casares was dispatched to investigate a reported disturbance at Lara's neighbor's apartment. Upon arriving, Officer Casares met with Rosario Navarro, Lara's neighbor. Navarro told Officer Casares that Lara threatened her because she would not provide false testimony about the incident that occurred on September 19. Navarro recounted to Officer Casares that one of Lara's male relatives approached her in an aggressive manner and pushed her away with his stomach. Navarro also advised Officer Casares that she had heard that Lara was making death threats against her. Navarro expressed to Officer Casares that she feared for her safety because of previous incidents and threats.

B. Lease Termination and Eviction Proceedings

The housing authority terminated Lara's lease when it received the reports from Officers Cantu and Casares. On October 10, 2006, the housing authority provided Lara with a "72-[H]our Notice to Terminate the Lease and Notice to Vacate," which claimed that Lara had violated lease provisions by engaging in prohibited conduct. The notice stated that Lara's lease would be terminated on October 13, 2006. It contained copies of the reports of Officers Cantu and Casares. The notice alleged that the following lease provisions were violated:

To act and cause other person(s) who are on premises with Resident's consent to act in a manner which will not disturb residents' or neighbors' peaceful enjoyment of their accommodations and will be conducive to maintaining premises and the development in a decent, safe and sanitary condition.

To refrain from illegal or other activity that impairs the physical or social environment of the development.

To act in an orderly manner in dealings with [m]anagement and/or other residents and not to harass or retaliate against management and/or other residents in any way so long as management and/or other residents reasonably and peacefully exercise any right granted under the lease.

To refrain from committing any act of physical violence to persons or property on or off premises.

The notice warned Lara that she was not entitled to a grievance hearing, but it stated that:

[T]his eviction procedure provides the opportunity for a hearing in [a] court that contains the basic elements of due process as defined by HUD [the United States Department of Housing and Urban Development] regulations. If you do not vacate on or before the expiration of 72 Hours from the date of this notice, October 13, 2006, legal action regarding eviction will be instituted for possession thereof.

(emphasis in original). Lara refused to vacate the premises, and the housing authority filed suit for forcible detainer in a justice court. See Tex. Prop. Code Ann. §§ 24.002, 24.004. The justice court entered a judgment of eviction in favor of the housing authority. Lara appealed to a county court at law.

The housing authority's petition in county court repeated the facts contained in the police reports. The housing authority alleged that Lara violated lease provisions because she: (1) did not abide by the admission and continued occupancy policy; (2) disturbed other residents' peaceful enjoyment of the premises; and (3) engaged in criminal activity that impaired the physical or social environment of the development. The housing authority prayed for possession of Lara's apartment, actual and exemplary damages, court costs, and reasonable attorney's fees.

Lara answered the housing authority's petition with a general denial. She also filed special exceptions, a plea in abatement, and a motion to dismiss. In her dismissal motion, Lara posited that federal regulations mandated that the housing authority's lease termination notice "[s]pecify the judicial eviction procedure to be used," see 24 C.F.R. § 966.4(l)(3)(v)(B) (2008), and "[s]tate whether the eviction is for a criminal activity as described in § 966.51(a)(2)(i)(A) or for a drug-related criminal activity . . . ," see 24 C.F.R. § 966.4(l)(3)(v)(C) (West 2008). Lara argued that the notice she received did not contain either of the federally mandated statements. Lara asserted that the notice did not effectively terminate her right of possession because of its defects and that the eviction proceeding that the housing authority instituted in the justice court violated state law because it was instituted before an effective lease termination. See Tex. Prop. Code Ann. § 24.005(a)(1) (Vernon 2000) (providing that the landlord must give a tenant who defaults at least three days' written notice to vacate the premises before the landlord files a forcible detainer suit).

The housing authority responded to Lara's dismissal motion by arguing that the notice sufficiently informed Lara of the alleged criminal activity and the judicial process. The housing authority further argued that even if the notice were defective, it did not deprive the trial court of subject-matter jurisdiction because the statute's purpose was informational rather than jurisdictional. See Dubai Petroleum Co. v. Kazi, 12 S.W.3d 71, 76-77 (Tex. 2000); Helena Chem. Co. v. Wilkins, 47 S.W.3d 351, 358 (Tex. 2001).

On February 22, 2007, the county court granted Lara's dismissal motion and issued findings of fact and conclusions of law. In its legal conclusions, the trial court found that the federal regulations at issue are subject to review for strict compliance and that failure to satisfy the notice requirements deprives the trial court of subject-matter jurisdiction. The housing authority filed a motion for new trial, which the trial court denied. This appeal ensued.

II. Discussion

By two issues, the housing authority complains that the trial court erred in dismissing its forcible detainer action. First, the housing authority claims that its notice complied with section 966.4(l)(3)(v)(B) of title 24 of the Code of Federal Regulations. See 24 C.F.R. § 966.4(l)(3)(v)(B). Second, the housing authority contends that even if the notice failed to comply with the applicable federal regulations, the trial court retained subject-matter jurisdiction because Lara had actual knowledge of the eviction proceeding; therefore, she was not harmed by any deficiency in the notice.

A. Standard of Review

In this case, the trial court concluded that it lacked subject-matter jurisdiction over the housing authority's eviction action. We review a trial court's ruling on subject-matter jurisdiction de novo. Tex. Natural Res. Comm'n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002). We are also called upon to review how federal regulations affect this state's lease termination and eviction procedures. We construe the text of an administrative rule under the same principles we construe a statute. See, e.g., Phillips Petroleum Co. v. Texas Comm'n on Envtl. Quality, 121 S.W.3d 502, 507 (Tex. App.-Austin 2003, no pet.) (citing Tex. Gen. Indem. Co. v. Tex. Workers' Comp. Comm'n, 36 S.W.3d 635, 641 (Tex. App.-Austin 2000, no pet.)) (providing that state administrative rules and statutes are reviewed for intent). We will, therefore, ascertain and give effect to the rule drafter's intent for the provisions we are construing. See Tex. Gov't Code Ann. § 312.005 (Vernon 2005) (providing how a court should determine legislative intent).

When a trial court issues findings of fact and conclusions of law, as the trial court did in this case, we may review the findings of fact for legal and factual sufficiency and review the conclusions of law de novo. Silbaugh v. Ramirez, 126 S.W.3d 88, 94 (Tex. App.-Houston [1st Dist.] 2002, no pet.) (citing BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789, 794 (Tex. 2002)).

B. Notice

By its first issue, the housing authority asserts that the trial court erred in concluding that the notice was insufficient. Lara moved for dismissal on the ground that the termination notice did not specify the judicial procedure to be used or specify the kind of criminal activity that Lara was alleged to have engaged in. The relevant federal regulation provides that when the public housing authority:

is not required to afford the tenant the opportunity for a hearing under the PHA administrative grievance procedure for a grievance concerning the lease termination (see § 966.51(a)(2)), and the PHA has decided to exclude such grievance from the PHA grievance procedure, the notice of lease termination under paragraph (l)(3)(i) of this section shall: specify the judicial eviction procedure to be used by the PHA for eviction of the tenant, and state that HUD has determined that this eviction procedure provides the opportunity for a hearing in court that contains the basic elements of due process as defined in HUD regulations.

24 C.F.R. § 966.4(l)(3)(v)(B) (emphasis added). The housing authority contends that Texas has only one judicial eviction procedure, and, therefore, its generic notice was sufficient. We disagree.

Under our rules of statutory construction, "shall" is generally construed to be mandatory, but may be directory when this interpretation is most consistent with the Legislature's intent. See Tex. Gov't Code Ann. § 311.016 (Vernon 1998); Barshop v. Medina County Underground Water Conservation Dist., 925 S.W.2d 618, 629 (Tex. 1996). To determine whether the Legislature intended a provision to be mandatory or directory, we consider the plain meaning of the words used, as well as the entire act, its nature and object, and the consequences that would follow from each construction. Albertson's, Inc. v. Sinclair, 984 S.W.2d 958, 961 (Tex. 1999); Chisholm v. Bewley Mills, 155 Tex. 400, 287 S.W.2d 943, 945 (Tex. 1956). Even if a statutory requirement is mandatory, this does not mean that compliance is necessarily jurisdictional. Sinclair, 984 S.W.2d at 961; Hines v. Hash, 843 S.W.2d 464, 467 (Tex. 1992); Schepps v. Presbyterian Hosp. of Dallas, 652 S.W.2d 934, 938 (Tex. 1983). When a statute is silent about the consequences of noncompliance, we look to the statute's purpose to determine the proper consequences. Sinclair, 984 S.W.2d at 961; Schepps, 652 S.W.2d at 937-38; Chisholm, 287 S.W.2d at 945.

Title 24 of the Code of Federal Regulations regulates public housing authorities. The applicable section states that a notice of lease termination "shall specify the judicial eviction procedure to be used." See 24 C.F.R. § 966.4(l)(3)(v)(B) (emphasis added). We conclude that the plain meaning, nature, and object of this phrase is to mandate that a housing authority notify a tenant of the judicial eviction procedure to be used. Part of the purpose of Title 24 is to afford adequate due process to tenants. For example, tenants are entitled to a grievance hearing before judicial eviction unless certain exceptions apply. See 24 C.F.R. § 966.51(a)(1) (2008).⁽³⁾ Even when an exception applies and a grievance hearing is not required, the regulations mandate that the judicial procedure used to evict a tenant must possess the basic elements of due process. 24 C.F.R. § 966.4(1)(3)(v)(B). In this case, reading "shall" as directory instead of mandatory would dilute the procedural safeguards promulgated by the Department of Housing and Urban Development.

The notice in the instant case did not specify which court would hear the eviction action. In fact, it was so deficient that it did not even attempt to parrot the text of the regulation. See, e.g., Edgecomb v. Hous. Auth. of Vernon, 824 F.Supp. 312, 314 (D. Conn. 1993) (providing that a notice which merely parrots the broad language of the regulations is insufficient). Therefore, the housing authority's first issue is overruled.

C. Subject-Matter Jurisdiction

By its second issue, the housing authority argues that the trial court erred in dismissing its detainer action because Lara was not harmed by any alleged insufficiency in the notice. The housing authority argues that we should follow the First Court of Appeals, which has held that notice defects in housing authority cases are subject to a harm analysis because protections in the federal regulations exist "to insure that the tenant is adequately informed of the nature of the evidence against him so that he can effectively rebut that evidence" rather than to create jurisdiction. See Nealy v. Southlawn Palms Apartments, 196 S.W.3d 386, 392 (Tex. App.-Houston [1st Dist.] 2006, no pet.) (citing Escalera v. N.Y. City Hous. Auth., 425 F.2d 853, 862 (2d Cir. 1970)).

Lara counters by arguing that the notice requirements vest her with a fundamental due process right that is jurisdictional. She contends that this "jurisdictional right" is not subject to a harm analysis. In essence, Lara asks us to create a different rule than the one crafted by in Nealy, but her only rationale is that she does not agree with the rule that is already on the books. We are persuaded by neither the housing authority's nor Lara's arguments. Instead, we look to our own cases for guidance.

In Hinojosa, this Court was confronted with a similar notice argument. See Hinojosa v. Hous. Auth. of Corpus Christi, 896 S.W.2d 833 (Tex. App.-Corpus Christi 1995, writ dism'd w.o.j.). The housing authority in Hinojosa issued a defective notice, which the tenant asserted in county court warranted a dismissal. Id. at 385. The housing authority, however, moved to abate its detainer action so that it could cure the defects. Id. The county court abated the proceeding, and the case was eventually reinstated and tried to a jury on the merits. Id. On appeal, the tenant argued that the trial court erred by not dismissing the action. Id. at 836. We found that the "[i]n many areas of the law, abatement is appropriate when prerequisites are missing," and we held that the trial court did not err in abating rather than dismissing the case. Id. at 836-37.

Implicit in the Hinojosa case is the notion that the notice requirements contained in the applicable federal regulations are not jurisdictional. See id.; see also Torres v. Corpus Christi Hous. Auth., No. 13-04-591-CV, 2006 Tex. App. LEXIS 6872, *4-5 (Tex. App.-Corpus Christi 2006, no pet.) (mem. op.) (concluding that alleged deficiencies in a housing authority's notice to terminate lease must be raised before the trial court or the complaint is waived). The trial court in this case, therefore, erred in dismissing the housing authority's detainer action. Instead, the trial court should have abated the housing authority's action so that it could provide Lara with the federally mandated notice. See Hinojosa, 896 S.W.2d at 836. Therefore, the housing authority's second issue is sustained in part.

III. Conclusion

The trial court's dismissal order is reversed, and the case remanded back to the trial court with instructions to abate the underlying action until sufficient notice is provided.

________________________

ROGELIO VALDEZ

Chief Justice

Opinion delivered and filed

this the 17th day of July, 2008.

1. The Corpus Christi Housing Authority is a federally subsidized agency, and it is regulated by title 42, Chapter 8 of the United States Code and title 24 of the Code of Federal Regulations. See 42 U.S.C. §§ 1401-1440; 24 C.F.R. §§ 0-4199.

2. The trial court granted Lara's dismissal motion on the pleadings. It, therefore, did not hear live testimony, and consequently, this case is submitted without a reporter's record. See Tex. R. App. P. 34.1 (providing that the appellate record consists of the clerk's record, and if necessary to the appeal, the reporter's record). We take note of the allegations of criminal activity from police reports that the housing authority subjoined to the termination notice.

3. Those exceptions include: (A) any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises of other residents or employees of the PHA; (B) any violent or drug-related criminal activity on or off such premises; or (c) any criminal activity that resulted in felony conviction of a household member. 24 C.F.R. § 966.51(a)(2)(i)(A)-(B) (2008).

Why Corpus Christi needs a Law School..........

2008-06-02T02:15:00.000-07:00

Because without a lawyer, a person untrained in the law has no idea what his rights are or how to assert them.......

Thursday, April 17, 2008

Thursday, April 17, 2008
Does The JP Court Conclude, The Prosecution of Unrepresented 12 Year Olds Is In The interests of Justice or Will The Court Require Representation and Appoint Counsel.

Art. 1.051. RIGHT TO REPRESENTATION BY COUNSEL.

(c) An indigent defendant is entitled to have an attorney
appointed to represent him in any adversary judicial proceeding
that may result in punishment by confinement and in any other
criminal proceeding if the court concludes that the interests of
justice require representation. Except as otherwise provided by
this subsection, if an indigent defendant is entitled to and
requests appointed counsel and if adversarial judicial proceedings
have been initiated against the defendant, a court or the courts'
designee authorized under Article 26.04 to appoint counsel for
indigent defendants in the county shall appoint counsel as soon as
possible, but not later than the end of the third working day after
the date on which the court or the courts' designee receives the
defendant's request for appointment of counsel. In a county with a
population of 250,000 or more, the court or the courts' designee
shall appoint counsel as required by this subsection as soon as
possible, but not later than the end of the first working day after
the date on which the court or the courts' designee receives the
defendant's request for appointment of counsel.
Posted by The Advocate at 3:03 PM
0 comments:

Jules: Wanna know what I'm buyin' Ringo?
Pumpkin: What?
Jules: Your life. I'm givin' you that money so I don't hafta kill your ass. You read the Bible?
Pumpkin: Not regularly.
Jules: There's a passage I got memorized. Ezekiel 25:17. The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of the darkness. For he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know I am the Lord when I lay my vengeance upon you. I been sayin' that shit for years. And if you ever heard it, it meant your ass. I never really questioned what it meant. I thought it was just a cold-blooded thing to say to a motherfucker before you popped a cap in his ass. But I saw some shit this mornin' made me think twice. Now I'm thinkin': it could mean you're the evil man. And I'm the righteous man. And Mr. 9mm here, he's the shepherd protecting my righteous ass in the valley of darkness. Or it could be you're the righteous man and I'm the shepherd and it's the world that's evil and selfish. I'd like that. But that shit ain't the truth. The truth is you're the weak. And I'm the tyranny of evil men. But I'm tryin', Ringo. I'm tryin' real hard to be a shepherd.

What does "reasonable" mean? Should counsel's performance be judged by reference to a reasonable paid attorney or a reasonable appointed one?

2008-05-29T23:26:00.000-07:00

Dissenting opinion

Justice Marshall dissented from the majority's holding. He objected that the Court's newly crafted test was unlikely to "improve the adjudication of Sixth Amendment claims." In his view, the performance standard was "so malleable that, in practice, it will either have no grip at all or will yield excessive variation in the manner in which the Sixth Amendment is interpreted and applied by different courts." What does "reasonable" mean? Should counsel's performance be judged by reference to a reasonable paid attorney or a reasonable appointed one? After all, Marshall pointed out, "a person of means, by selecting a lawyer and paying him enough to ensure he prepares thoroughly, usually can obtain better representation than that available to an indigent defendant, who must rely on appointed counsel, who, in turn, has limited time and resources to devote to a given case." Marshall also disputed that counsel's performance must be given especially wide latitude, since "much of the work involved in preparing for trial, applying for bail, conferring with one's client, making timely objections to significant, arguably erroneous rulings of the trial judge, and filing a notice of appeal if there are colorable grounds therefor could profitably be made the subject of uniform standards."

Marshall also disputed that it should be made the defendant's burden to show prejudice from an allegedly incompetent attorney's performance. Nor should prejudice be measured solely with respect to the fairness of the outcome of the trial; the fairness of the procedure matters just as much. "The majority contends that the Sixth Amendment is not violated when a manifestly guilty defendant is convicted after a trial in which he was represented by a manifestly ineffective attorney. I cannot agree."

Marshall worried that the Court's admonition to future judges, presented with ineffective assistance claims should defer to counsel's strategic judgments, placed too heavy a burden on defendants making such claims.

Finally, Marshall took issue with the Court's conclusion that the same standard for ineffectiveness should apply in a capital sentencing proceeding that applies at an ordinary trial. The capital sentencing process is intended to be especially reliable, and "reliability in the imposition of the death sentence can be approximated only if the sentencer is fully informed of all possible relevant information about the individual defendant whose fate it must determine." The defendant's attorney is responsible for doing this. For this reason, and in light of the "severity and irrevocability of the sanction at stake," the standard for effective assistance in capital sentencing proceedings must be especially stringent. Accordingly, Marshall believed that a person on death row seeking relief from his death sentence on grounds of ineffective assistance should not have to show a reasonable probability that he would not have received a death sentence if counsel had presented more mitigating evidence. Because it was clear that Washington's attorney had failed to investigate and then present large amounts of information to the sentencing judge, Marshall concluded that Washington's lawyer was ineffective.

[edit] See also

AGIF News Bulletin~April 1955~ AN ARTICLE ENTITLED "EDGAR TAKEN TO FEDERAL COURT ON SEGREGATION CASES"

2008-05-06T02:13:00.000-07:00

EDGAR TAKEN TO FEDERAL COURT ON SEGREGATION CASES

Commissioner of Education J. W. Edgar was made a defendant in two school segregation suits filed in Federal District Courts in Austin and Corpus Christi on April 19 and 23 respectively.

In both suits Edgar was made a defendant respectively in conjunction with the trustees of the Carrizo Springs Independent School District and those of the Kingsville Independent School District.

In both suits Edgar is charged with having been advised that segregation of children of Mexican descent existed and with failure to take any action. Consequently, by failing to discharge his duties under the law Edgar is charged with condoning, aiding, and abetting the two school districts in the violation of the law.

The petition also charged that Edgar participated in the customs, usages, and practices in Carrizo Springs and in Kingsville which resulted in segregation, and that Edgar did this "in utter disregard, violation and contempt of a permanent injunction granted against his predecessor in office, the State Superintendent of public Information, and equally applicable to Edgar."

The Carrizo Springs case involves segregation of children of Mexican descent in the first three grades. This case was filed in Austin by Attorney Chris Aldrete of Del Rio, former state chairman of the American GI Forum of Texas.

While Edgar has not held a hearing on the Carrizo case, he was advised last fall by Aldrete of the practice of segregation. subsequently a member of Edgar's own staff investigated the situation and reported to Edgar that he had found that segregation did exist.

The Kingsville case was appealed and heard by Edgar earlier this year. It involves gerrymandered school zones laid down for the purpose of getting a segregated junior high school in Kingsville.

Under the excuse that the stenographer who took the proceedings has not been able to transcribe the record, Edgar has ignored the pleas of Attorneys Gus C. Garcia and Homer M. Lopez of Kingsville for a ruling on the case.

The Kingsville case was filed in Federal Court in Corpus Christi by Attorneys Garcia and Lopez.

Both cases have the backing and sponsorship of the American GI Forum of Texas.

Plaintiffs in the Carrizo case include ten school children who are represented by their respective parents for purposes of the suit. Plaintiffs in the Kingsville case include five school children represented in the same fashion.

To be Continued.......

This researcher has acquired exclusive access to a private archive who wishes to remain anonymous, for teens then and especially now .........

2008-05-06T01:31:00.000-07:00

Teenager's Lament
Originally published in April 1955 issue of the American GI Forum News Bulletin
Austin, Texas.

It was so short a time ago I was a young Lad. The world was a place of intrigue and adventure. I was going to do great things as a man. School held for me a library of knowledge and adventure and I was sure that behind each book case I would slowly step into another yardstick of manhood. My home was a place of love and understanding. A stronghold against the evils of the world. I was so ambitious. But alas! I was a dreamer. Today I am a youth, tomorrow a man. Yet I am so lost in a community of adults. I have lost sight of my goal. I have no place to go. School occupies so few of my hours. my community has failed me as a youth. I must wander in the streets as there is no recreation hall where I may meet my friends. there are no jobs for me. First because of my lack of experience; second because I am only a youth.

The recreation Hall for youth would teach me a trade. I am too big for playing in the park, I am too old for swimming in a park pool. What can I do? If I am caught wandering I am a vagrant;if I sleep, I am lazy. Can you help me? If I have no car, I am a square, yet I am a solid youth. Won't you give me a chance?

I am the one who will help you run your community. Won't you give me a back-log of knowledge so that I may do the job right? Won't you help me become a responsible citizen so that I too can be proud? Won't you give me a fulfilled dream to hand to my children?

Please, won't you help? I am only a youth and the world is before me.

~~~~~~~This short article was submitted by Mrs. Ann Dominguez of Pueblo, Colorado, who is herself an ex-teenager. It is reprinted to show the value of the Junior GI Forums in giving young people the backlog of knowledge which will prepare them for adulthood.

arty’s remark that inclusive education has to be about changing Long unused, this practice was not formally abolished until Novell xciv of the law cod

2008-03-19T05:33:00.000-07:00

The Heart and Soul of Aztlan

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ISEC 2005

Inclusive and Supportive Education Congress
International Special Education Conference
Inclusion: Celebrating Diversity?

1st - 4th August 2005. Glasgow, Scotland
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Equality of Opportunity as a Rationale for Inclusive Education

Dr. Christian Liesen
Institute for Special Education – University of Zurich, Switzerland
Hirschengraben 48, CH-8001 Zurich
liesen@isp.unizh.ch

This paper seeks to discuss whether the principle of equality of opportunity could serve as a rationale for inclusive education. The first section aims at positioning the topic within the inclusive education discourse, narrowing down the scope. The second section presents a brief analysis of the notion of ‘equality of opportunity’ as well as some of its implications, while the third section addresses the question of how we are to know whether opportunities are equal. The last section seeks to draw some conclusions with respect to inclusive education. – It should be pointed out that the paper is solely meant for discussion.

1. The case for inclusive education: reasons and rationales

Many arguments have been brought forward to strengthen the case for inclusive education. Yet it is not always easy to follow the lines of reasoning, and little reflection is needed to notice certain contradictions and ambiguities and a good deal of eclecticism in the literature. The crux is, as Alan Dyson observed, that

(i)nclusion is different from many other fields of inquiry in that it is premised on an answer rather than a question. That ‘answer’, of course, is that inclusive education is superior in one or other way to non-inclusive education. The strength in this position is that it enables a relatively young field to define and advance itself in the face of considerable hostility. (…) The danger, however, is that it becomes all too easy for thinking on inclusion to descend from analysis to polemic, and for certain values and beliefs to become ossified, ultimately to the detriment of those marginalized groups on whose interests the inclusion movement claims to act. ( Dyson, 1999, p. 43f. )

Dyson has suggested to distinguish between two different but intersecting dimensions of the inclusive education movement: One is primarily concerned with providing a rationale for inclusion, whereas the other concentrates on the realisation of inclusion. Each dimension can again be subdivided into different discourses as follows. A rationale for inclusive education is either sought with reference to rights and social justice or by rigorously questioning the efficacy of special education (while claiming the superiority of inclusive education). The realisation of inclusion is frequently discussed either with respect to the political struggle for the implementation of inclusive education, or it is concerned with what inclusive education looks like inpractice (cf. Dyson, 1999, pp. 38-43 ). It is safe to say that these two dimensions / four discourses deliver a felicitous depiction of the inclusion debate’s crucial building blocks.

This paper is concerned with adumbrating the question whether equality of opportunity could serve as a rationale for inclusive education. It belongs, hence, in the context of the rights and social justice discourse. Concededly, the most important (and most interesting) question would actually be how the different building blocks interrelate, or ought to interact, in order to achieve progress in the field. Dyson does offer some very sensible and perspicacious suggestions on this (cf. ibid., pp. 44-48). The line of reasoning chosen here, by contrast, will allow only for a few rather cautious remarks in the final part of the paper. Proposed is the idea of merging, in a way, ethical considerations and empirical research in order to substantiate the case for inclusive education. As a consequence, some fundamental policy issues will emerge, alongside certain difficulties inherent to the rhetoric of inclusion.

2. Equality of opportunity

Let us shed, as a first step, some light on the principle of equality of opportunity. Peter Westen (1990) has presented an illuminating formal analysis. He states that opportunity

designates both a single concept and a multiplicity of conceptions. Each opportunity is like every other in that all opportunities reflect a certain formal relationship among agents, obstacles, and goals; but each opportunity also differs from other opportunities in that each is a relationship among particular agents, particular obstacles, and particular goals. ( Westen, 1990 , p. 171, italics added)

This may seem simple enough. Nevertheless, an important point with respect to the rhetoric of opportunity is already implied here: When opportunities are stated as a reason for, say, political action, speakers often do not specify the particular agents, obstacles, and/or goals they have in mind. Such a speech may still meet with approval although the underlying conceptions of speaker and listener may turn out to be radically different on closer examination. Rhetorical difficulties like these should be kept in mind.

Equal opportunities do not lead to equal outcomes. On the contrary, equal opportunities lead to inequality. There is sense in which a strong commitment to equality of opportunity is incompatible with equality of outcomes, and a society that aims at equalising opportunity is very different from a society that aims at equalising outcomes. The reason is that

(a)n ‘opportunity’ to attain a goal is a chance to attain a goal, not necessarily a guarantee of attaining it. Insofar as people have opportunities that are less than guarantees of what they wish, some of them will inevitably attain goals that others fail to attain. To create equal opportunity, therefore, is virtually always to allow people ‘to become unequal by competing against [their] fellows.’ (Westen, 1990, p. 176f.)

That equality of opportunity leads to inequality has some deeper implications. It can be argued that opportunities express and deliver a certain kind of liberty or freedom which is essential for society and which can not be achieved otherwise. Equality of opportunity is indispensable. T.D. Campbell enunciates the point as follows:

An opportunity may be said to occur when an agent is in a situation in which he may choose whether or not to perform some effortful act which is considered to be desirable in itself or as means to the attainment of some goal which is considered to be desirable. An opportunity is thus a type of liberty or freedom for it involves the absence of prohibitions or obstacles limiting what agents may or can do or acquire. […] (A)n opportunity is something which the agent may or may not take advantage of depending on whether or not he chooses to do so. One of the points about describing a situation as an opportunity is that this indicates that the outcome of the situation depends in part on the choices made by the person who has the opportunity. Opportunities can always be missed or passed up, neglected or rejected. Of course I may be forced to have an opportunity (as when I was compelled to go to school) but it is not an opportunity which I am forced to have if the attainment of the desired goal does not depend to some extent on my choices, that is, for instance, if whether or not I become educated as distinct from go to school, does not depend to some extent on my own volitions. If education as such could be compelled then we would not speak of educational opportunity, at least not in those cases where it is compelled. ( Campbell, 1975, p. 51/54, italics added )

It is true, of course, that not all opportunities are of particular concern to us. People do not care for all kinds of opportunities; they care first and foremost for educational and occupational opportunities. A ‘fair’ or ‘equal’ distribution of opportunities is relevant and vital especially in these domains. What comes into play here, then, is that equality of opportunity must be seen as a matter of distributive justice. A just society will usually seek to equalise opportunities in the sense of distributing them fair an equal. It is worth noticing, however, that opportunities can not be created or distributed at will. Westen notes that

creating one opportunity may mean denying another. Thus, whenever a society creates an opportunity by removing an obstacle that affects people differentially, it denies people the opportunity to benefit from the differential. And, whenever a society creates an opportunity by removing human obstacles, it denies people the opportunity to exploit those obstacles. This does not mean that societies should refrain from creating opportunities. It means, rather, that … the significant question for opportunity is not ‘Whether opportunity?’ but ‘Which opportunities?’ (Westen, 1990, p. 171)

Consequently and in most cases, with equality of opportunity as a rationale for inclusive education, apparently interests will have to be balanced. The interests of those who are excluded from participating effectively in society – of which the education system forms an essential part – will have to be weighed against the interests of those who are successful within such a framework and ‘benefit from the given differential’. A society will therefore have to deliberate about equalising opportunities, which is, ultimately, a democratic process (belonging to the realisation dimension).

It should be emphasized, however, that when a mismatch between a person’s situation and what may be called the dominant cooperative framework of society occurs, the results may be devastating. Being excluded from participating in the most basic interactions and cooperation of society strongly calls for compensation and adjustment. On this basic level, the interest in inclusion will by and large outweigh the interests of those who may be deprived of being as successful as they could be otherwise. If people are denied basic opportunities in this sense, they will normally be in the position of making strong claims in the cause of justice. But the question of particular interest is then, of course, ‘How do we know they are denied these opportunities?’, or more general, ‘How do we know whether opportunities are equal or not?’, e.g. in an education system.

3. How do we know when opportunities are equal?

We have seen so far that we should focus our attention on educational and occupational opportunities; that opportunities secure individual liberty and freedom and lead, consequently, to inequalities; and that equality of opportunity is a matter of distributive justice and may result in strong claims of justice in at least some cases. But on what grounds is it legitimate to judge whether opportunities are equal or not? How do we assess and evaluate equality of opportunity, especially with respect to inclusive education?

There is a substantive answer to this question. Any inquiry into whether opportunities in a given society are equal or not – or within parts of a society, such as the education system – will have to start from ascertainable inequalities under the prevailing circumstances. These inequalities will have to be sufficiently and adequately described in a way that most people would agree is accurate. (We will look at an example in a moment.)

The crucial point to be addressed will be whether or not the portrayed inequalities indicate that the principle of equality of opportunity has been violated. Onora O’Neill (1977) has argued that two different positions suggest themselves. One may be called the ‘formal’ (or ‘liberal’) position. It stresses that inequalities are due to the fact that people may choose to or refrain from taking advantage of the opportunities at hand. The members of society may be extremely unequal in educational and occupational attainment, but if so, it must be the result of the varying capacities, volitions, and desires of those to whom the respective selection procedures are applied. Once the distributive and selective procedures are fair, there is nothing left to complain about. As O’Neill points out,

(s)uch an ‘equal-opportunity society’ would … not be characterized by equal incomes or equal property holdings or equal standards of living or of education. (…) Equal opportunity in the formal sense does not ensure equal success or equal health or equal status, but only the fair application of the rules governing the pursuit of such goods. This is the equality of opportunity of … a society in which there are winners and losers, and in which winning appears often as merited by the winners and losing as deserved by the losers – for did they not all have equal opportunity to win? ( O'Neill, 1977 , p. 180)

The other position may be called the ‘substantive’ (or ‘egalitarian’) position. It stresses that inequalities must not indicate a disproportionate success of certain social groups in a society. Instead, all major social groups – but not all individuals – must fare equally well.

An equal-opportunity society on the substantive view is one in which the success rates of all major social groups are the same. (…) A strong commitment to substantive equality of opportunity demands that any under-representation of some group in some line of employment / income group / educational group be due solely to the unmanipulated choice of members of that group. (…) Substantively equal opportunity is achieved when the success rates of certain major social groups – such as the two sexes, various ethnic groups and perhaps various age groups – are equalized. It is not breached when there are large differences between the most- and least-successful members of these groups, provided that there are equally large differences between the most- and least-successful members of other major social groups. It is not true in a society which aims at substantively equal opportunities that all individuals have the same chance of any given type of success. For individuals are all members of many differently defined groups, and substantive equality of opportunity seeks only to equalize their chances qua members of certain major social groups; it seeks to eliminate inter-group differences, but not to alter intra-group ones. ( O'Neill, 1977 , p. 181-83)

This position is ready to acknowledge that people’s perspectives in life are not exclusively ascribable to a person’s capacities, volitions, and desires. As a matter of fact, there are disadvantages which are undeserved and beyond individual control, such as being disabled or of old age. The ‘substantive’ position is concerned with identifying adequate characteristics of major social groups to enable sound comparisons and call for compensation where needed.

To illustrate, a good example are some results from the PISA study (cf. www.pisa.oecd.org). The OECD Programme for International Student Assessment (PISA) is an internationally standardised assessment that was jointly developed by the participating countries (30 OECD member states plus 13 associated countries in the first assessment in 2000; at least 58 countries will participate in the next assessment in 2006). PISA claims to assess “how far students near the end of compulsory education have acquired some of the knowledge and skills that are essential for full participation in society.” The idea is to give information about the capacities and the potential of education systems. Does an education system prepare students well?

It is only recently that OECD has published some findings concerning equity and quality in the light of the PISA 2000 results. The report states that

(i)n sum, PISA 2000 results show that students in integrated education systems perform, on average, better than those in selective education systems, and that their educational performance is less dependent on their background. Many factors may be at play here. A higher average performance suggests that the more heterogeneous student groups or classes in integrated education systems could have a beneficial effect for the lower-performing students. Also, the flexibility offered by an integrated system may allow students to improve their performance while keeping their academic options open. ( OECD, 2005 , p. 89)

In the main findings section, the report reads:

A striking result was the advantage that comprehensive education systems appear to have in terms of student performance (quality). PISA 2000 results suggest that the performance of students enrolled in comprehensive education systems is less dependent on their socio-economic background. ( ibid., p. 94)

From the perspective of equality of opportunity, it is not so much the aspect of performance (‘quality’) that is of interest here but rather the aspect of uncoupling socio-economic background and performance (‘equity’). There are some countries – Germany is a sad example – in which the social background of a student has a very strong impact (‘predictive power’) on student performance. This means, to put the matter bluntly, that it is not a student’s capacity to perform that determines what he or she will achieve, but first and foremost his or her socio-economic background. The result is that students with a low social background are manifestly underrepresented on the higher levels of the education system.

The ‘liberal’ position has no option but to ascribe this situation to individual factors, say, motivation or ability. This is highly implausible, at least in the case of countries that have had to experience a rude awakening by PISA, such as Germany or Switzerland. ‘Substantive’ equality of opportunity, on the other hand, is precisely concerned with cases like these: Members of a major social group – i.e., students with a lower socio-economic background – are disadvantaged due to factors that are undeserved and beyond individual control, while other groups display disproportionate success. This does call for an equalisation of opportunities.

4. Equality of opportunity and inclusive education: some considerations

In the final part of this paper, I would like to draw some conclusions concerning equality of opportunity and inclusive education.

First, I think that equality of opportunity can serve as a rationale for inclusive education if and only if inclusion is understood in the sense of equity. This would mean to adopt the substantive view of equal opportunity, and will require to provide empirical evidence to show that a major social group of society is indeed undeservedly disadvantaged. It would also mean to suggest that some form of inclusive education is the right course of action to take.

Second, to provide a rationale for inclusive education is obviously very different from the realisation of inclusive education. It should be kept in mind that other interests will have to be allowed for as well and that there might be considerable opposition, even if the claims could compellingly be shown to be legitimate ones. This should not belie the fact, however, that being in the position to provide a rationale for inclusive education is very different from simply claiming that it is right. It is precisely because different and mutually incompatible interests are involved that arguments have to be provided (and there are some highly interesting contributions in this kind of spirit, for example Booth & Ainscow, 1998; Pijl, Meijer & Hegarty, 1997; Vitello & Mithaug, 1998 ).

Third, if this idea bears any validity at all, it has to be pointed out that the rhetoric of inclusion tends to disguise some fundamental points here, especially in relation to policy. For example, the rhetoric of ‘celebrating diversity’ tends to downplay the fact that different legitimate interests are involved and have to be balanced. Cause for concern gives also the factor that any policy perspective will always have to operate along the lines of defining social groups. It may come as a surprise that this is not only due to administrative reasons (cf. Dever, 1990 ) but is also demanded from an ethically informed perspective. There are no claims of distributive justice – and hence no rationale for inclusive education – without the construction of social groups. The talk of heterogeneity isn’t much help in these matters, the more so as it quite often blurs who is thought to be the target group of inclusion within the inclusive education discourse.

Fourth, it will be as unavoidable as it is fruitful to strive to merge ethical considerations and empirical research in some respect. The idea behind this is that an empirical basis is indispensable in order to substantiate claims, while at the same time ethical considerations are indispensable to provide a sensible interpretative framework for empirical findings and to draw sound conclusions. One main feature of these arguments, reasons and rationales is that they must be eligible to convince others on grounds they can not reasonably reject – to convincingly argue the case.

Fifth, there seems to be a broad consensus that inclusive education has to be conceptualised as a general education topic, not as another issue of special education. Equality of opportunity might help us to engross the implications of what this actually means. It might help us to see the big picture.

Sixth, it has to be pointed out that there is not one choice in these matters, but many. There is no unequivocal course of action to take. Dyson’s proposal to talk not of inclusion, but of inclusions, and to seek not a single form but a wide range of inclusive practice and organisation (1999, p. 46), deserves a good deal more of attention. Moreover, I think the field of special education should be very serious about Seamus Hegarty’s remark that inclusive education has to be about changing and modifying system in a way that preserves all its strengths (cf. Hegarty, 1998 , p. 156).

References

BOOTH T. & AINSCOW M. (eds.) (1998) From Them to Us. An International Study of Inclusion in Education. London: Routledge.

CAMPBELL T.D. (1975) Equality of Opportunity. Proceedings of the Aristotelian Society 75, 51-68.

DEVER R.B. (1990) Defining Mental Retardation from an Instructional Perspective. Mental Retardation 28 (3), 147-53.

DYSON A. (1999) Inclusion and Inclusions: Theories and Discourses in Inclusive Education. IN Daniels H. & Garner P. (eds.) World Yearbook of Education 1999: Inclusive Education. London: Kogan, 36-53.

HEGARTY S. (1998) Challenges to Inclusive Education: A European Perspective. IN Vitello S. & Mithaug D.E. (eds.) Inclusive Schooling: National and International Perspectives. Mahwah, NJ: Erlbaum, 151-65.

O'NEILL O. (1977) How Do We Know When Opportunities Are Equal? IN Vetterling-Braggin M., Elliston F.A. & English J. (eds.) Feminism and Philosophy. Totowa, NJ: Rowman & Littlefield, 177-89.

OECD (2005) School Factors Related to Quality and Equity. Results from Pisa 2000. Paris: OECD.

PIJL S.J., MEIJER C. & HEGARTY S. (eds.) (1997) Inclusive Education: A Global Agenda. London: Routledge.

VITELLO S. & MITHAUG D.E. (eds.) (1998) Inclusive Schooling. National and International Perspectives. Mahwah, NJ: Erlbaum.

WESTEN P. (1990) Speaking of Equality. An Analysis of the Rhetorical Force of Equality in Moral and Legal Discourse. Princeton, N.J.: Princeton University Press.

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Posted by dannoynted1 at 4:36 AM 0 comments Links to this post
Labels: Angels from the Promised land, Anno Domini, Mary Magdalene, Sang Real, Swift Hand of God
Monday, March 3, 2008
Anno Domini Nostri Iesu (Jesu) Christi ("In the Year of Our Lord Jesus Christ").

Is Deep in the Heart of Texas~

Anno Domini
From Wikipedia, the free encyclopedia
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"AD" redirects here. For other uses, see AD (disambiguation).
Dionysius Exiguus invented Anno Domini years to date Easter.
Dionysius Exiguus invented Anno Domini years to date Easter.

Anno Domini [1] (Medieval Latin: In the year of the/(Our) Lord),[2][3] abbreviated as AD or A.D., is a designation used to number years in the Christian Era, conventionally used with the Julian and Gregorian calendars.[4][not in citation given] More fully, years may be also specified as Anno Domini Nostri Iesu (Jesu) Christi ("In the Year of Our Lord Jesus Christ").

The calendar era which it numbers is based on the traditionally reckoned year of the conception or birth of Jesus. Before Christ, abbreviated as BC or B.C., is used in the English language to denote years before the start of this epoch.

Though the Anno Domini dating system was devised in 525, it was not until the 8th century that the system began to be adopted in Western Europe. According to the Catholic Encyclopedia, even popes continued to date documents according to regnal years, and usage of AD only gradually became more common in Europe from the 11th to the 14th centuries.[5] In 1422, Portugal became the last Western European country to adopt the Anno Domini system.[5]

Year numbering using the Anno Domini system (or its related Common Era (CE) designation) is the most widespread numbering system in the world today. For decades, it has been the unofficial global standard, recognized by international institutions such as the United Nations and the Universal Postal Union. Its preeminence is due to the European colonisation of the Americas and the subsequent global spread of Western civilisation with the introduction of European standards in the fields of science and administration. Its association with the Gregorian calendar was another factor which promoted the spread of the numbering system.

Traditionally, English copied Latin usage by placing the abbreviation before the year number for AD, but after the year number for BC; for example: 64 BC, but AD 2008. However, placing the AD after the year number (as in 2008 AD) is now also common. The abbreviation is also widely used after the number of a century or millennium, as in 4th century AD or 2nd millennium AD, despite the inappropriate literal combination in this case ("in the 4th century in the year of Our Lord").

Because B.C. is an abbreviation for Before Christ, some people incorrectly conclude that A.D. must mean After Death, i.e., after the death of Jesus.[6]
Contents
[hide]

* 1 History
o 1.1 Accuracy
o 1.2 Popularization
* 2 Synonyms
o 2.1 Common Era
o 2.2 Anno Salutis
* 3 Numbering of years
* 4 Notes and references
* 5 External links

[edit] History

Further information: Calendar era

During the first six centuries of what would come to be known as the Christian era, European countries used various systems to count years. Systems in use included consular dating, imperial regnal year dating, and Creation dating.

Although the last non-imperial consul, Basilius, was appointed in 541 by Justinian I, later emperors through Constans II (641–668) were appointed consuls on the first January 1 after their accession. All of these emperors, except Justinian, used imperial postconsular years for all of the years of their reign alongside their regnal years.[7] Long unused, this practice was not formally abolished until Novell xciv of the law code of Leo VI did so in 888.

The Anno Domini system was devised by a monk named Dionysius Exiguus (born in Scythia Minor) in Rome in 525. In his Easter table Dionysius equates the year AD 532 with the regnal year 284 of Emperor Diocletian. In Argumentum I attached to this table he equates the year AD 525 with the consulate of Probus Junior.[8] He thus implies that Jesus' Incarnation occurred 525 years earlier, without stating the specific year during which his birth or conception occurred.

"However, nowhere in his exposition of his table does Dionysius relate his epoch to any other dating system, whether consulate, Olympiad, year of the world, or regnal year of Augustus; much less does he explain or justify the underlying date."[9]

Blackburn & Holford-Strevens briefly present arguments for 2 BC, 1 BC, or AD 1 as the year Dionysius intended for the Nativity or Incarnation.

Among the sources of confusion are:[10]

* In modern times Incarnation is synonymous with conception, but some ancient writers, such as Bede, considered Incarnation to be synonymous with the Nativity
* The civil, or consular year began on 1 January but the Diocletian year began on 29 August
* There were inaccuracies in the list of consuls
* There were confused summations of emperors' regnal years

Two centuries later, the Anglo-Saxon historian Bede used another Latin term, "ante uero incarnationis dominicae tempus" ("the time before the Lord's true incarnation"), equivalent to the English "before Christ", to identify years before the first year of this era. [11]

Another calculation had been developed by the Alexandrian monk Annianus around the year AD 400, placing the Annunciation on March 25, AD 9 (Julian)—eight to ten years after the date that Dionysius was to imply. Although this Incarnation was popular during the early centuries of the Byzantine Empire, years numbered from it, an Era of Incarnation, was only used, and is still only used, in Ethiopia, accounting for the eight- or seven-year discrepancy between the Gregorian and the Ethiopian calendars. Byzantine chroniclers like Maximus the Confessor, George Syncellus and Theophanes dated their years from Annianus' Creation of the World. This era, called Anno Mundi, "year of the world" (abbreviated AM), by modern scholars, began its first year on 25 March 5492 BC. Later Byzantine chroniclers used Anno Mundi years from September 1 5509 BC, the Byzantine Era. No single Anno Mundi epoch was dominant throughout the Christian world.

[edit] Accuracy

"Although scholars generally believe that Christ was born some years before A.D. 1, the historical evidence is too sketchy to allow a definitive dating".[12] According to the Gospel of Matthew (2:1,16) Herod the Great was alive when Jesus was born, and ordered the Massacre of the Innocents in response to his birth. Blackburn & Holford-Strevens fix Herod's death shortly before Passover in 4 BC,[13] and say that those who accept the story of the Massacre of the Innocents sometimes associate the star that led the Biblical Magi with the planetary conjunction of 15 September 7 BC or Halley's comet of 12 BC; even historians who do not accept the Massacre accept the birth under Herod as a tradition older than the written gospels.[14]

The Gospel of Luke (1:5) states that John the Baptist was at least conceived, if not born, under Herod, and that Jesus was conceived while John's mother was in the sixth month of her pregnancy (1:26). Luke's Gospel also states that Jesus was born during the reign of Augustus and while Cyrenius (or Quirinius) was the governor of Syria (2:1–2). Blackburn and Holford-Strevens[13] indicate Cyrenius/Quirinius' governorship of Syria began in AD 6, which is incompatible with conception in 4 BC, and say that "St. Luke raises greater difficulty....Most critics therefore discard Luke".[14] Some scholars rely on John's Gospel to place Christ's birth in c.18 BC.[14]

[edit] Popularization

The first historian or chronicler to use Anno Domini as his primary dating mechanism was Victor of Tonnenna, an African chronicler of the 6th century. A few generations later, the Anglo-Saxon historian Bede, who was familiar with the work of Dionysius, also used Anno Domini dating in his Ecclesiastical History of the English People, finished in 731. In this same history, he was the first to use the Latin equivalent of before Christ and established the standard for historians of no year zero, even though he used zero in his computus. Both Dionysius and Bede regarded Anno Domini as beginning at the incarnation of Jesus, but "the distinction between Incarnation and Nativity was not drawn until the late 9th century, when in some places the Incarnation epoch was identified with Christ's conception, i.e., the Annunciation on 25 March" (Annunciation style).[15]

On the continent of Europe, Anno Domini was introduced as the era of choice of the Carolingian Renaissance by Alcuin. This endorsement by Charlemagne and his successors popularizing the usage of the epoch and spreading it throughout the Carolingian Empire ultimately lies at the core of the system's prevalence until present times.

Outside the Carolingian Empire, Spain continued to date by the Era of the Caesars, or Spanish Era, which began counting from 38 BC, well into the Middle Ages,. The Era of Martyrs, which numbered years from the accession of Diocletian in 284, who launched the last yet most severe persecution of Christians, was used by the Church of Alexandria, and is still used officially by the Coptic church. It also used to be used by the Ethiopian church. Another system was to date from the crucifixion of Jesus Christ, which as early as Hippolytus and Tertullian was believed to have occurred in the consulate of the Gemini (AD 29), which appears in the occasional medieval manuscript. Most Syriac manuscripts written at the end of the 19th century still gave the date in the end-note using the "year of the Greeks" (Anno Graecorum = Seleucid era).[citation needed]

Even though Anno Domini was in widespread use by the 9th century, Before Christ (or its equivalent) did not become widespread until the late 15th century.[16]

[edit] Synonyms

[edit] Common Era

Main article: Common Era

Anno Domini is sometimes referred to as the Common Era, Christian Era or Current Era (abbreviated as C.E. or CE). CE is often preferred by those who desire a term unrelated to religious conceptions of time. For example, Cunningham and Starr (1998) write that "B.C.E./C.E. ... do not presuppose faith in Christ and hence are more appropriate for interfaith dialog than the conventional B.C./A.D." The People's Republic of China, founded in 1949, adopted Western years, calling that era gōngyuán (公元) which literally means Common Era.

[edit] Anno Salutis

Anno Salutis (Latin: "in the year of salvation") was the term sometimes used in place of Anno Domini until the 18th century. In all other respects it operated on the same epoch, reference date, which is the Incarnation of Jesus. It was used by fervent Christians to spread the message that the birth of Jesus saved mankind from eternal damnation. It was often used in a more elaborate form such as Anno Nostrae Salutis (meaning: "in the year of our salvation"), Anno Salutis Humanae (meaning: "in the year of the salvation of men"), or Anno Reparatae Salutis (meaning: "in the year of accomplished salvation").

[edit] Numbering of years

Common usage omits year zero. This creates a problem with some scientific calculations. Accordingly, in astronomical year numbering, a zero year is added before AD 1, and the 'AD' and 'BC' designation is dropped. In keeping with 'standard decimal numbering', a minus sign '−' is added for years before year zero: so counting down from year 2 would give 2, 1, 0, −1, −2, and so on. This results in a one-year shift between the two systems (eg −1 equals 2 BC).[17]

[edit] Notes and references

Notes:

1. ^ May also be spelled "Anno Domine."
2. ^ "Anno Domini". Merriam Webster Online Dictionary. (2003). Merriam-Webster. Retrieved on 2008-02-03. “Etymology: Medieval Latin, in the year of the Lord”
3. ^ Blackburn & Holford-Strevens p. 782
4. ^ The approximation of the year in the old Persian calendar attributed to Omar Khayyám is 365.2424 days, which is very close to the vernal equinox year, but requires a 33-year cycle. The definition by Milutin Milanković, used in the "revised Julian calendar", is 365.2422 days, which is very close to the mean tropical year, but uses unequal long-period cycles.
5. ^ a b CATHOLIC ENCYCLOPEDIA: General Chronology
6. ^ The Complete Idiot's Guide to Biblical Mysteries. Retrieved on 2008-01-16. Ryan, Donald P. (2000). The Complete Idiot's Guide to Biblical Mysteries. Alpha Books, p 15. ISBN 002863831X.
7. ^ Roger S. Bagnall and Klaas A. Worp, Chronological Systems of Byzantine Egypt, Leiden, Brill, 2004.
8. ^ Nineteen year cycle of Dionysius
9. ^ Blackburn & Holford-Strevens 2003, 778.
10. ^ Blackburn & Holford-Strevens 2003, 778–9.
11. ^ Bede, 731, Book 1, Chapter 2, first sentence.
12. ^ Doggett 1992, 579
13. ^ a b Blackburn & Holford-Strevens 2003, 770
14. ^ a b c Blackburn & Holford-Strevens 2003, 776
15. ^ Blackburn & Holford-Strevens 881.
16. ^ Werner Rolevinck in Fasciculus temporum (1474) used Anno ante xpi nativitatem (in the year before the birth of Christ) for all years between Creation and Jesus. "xpi" is the Greek χρι in Latin letters, which is a cryptic abbreviation for christi. This phrase appears upside down in the center of recto folios (right hand pages). From Jesus to Pope Sixtus IV he usually used Anno christi or its cryptic form Anno xpi (on verso folios—left hand pages). He used Anno mundi alongside all of these terms for all years.
17. ^ Doggett, 1992, p. 579

References:

* Abate, Frank R(ed.) (1997). Oxford Pocket Dictionary and Thesaurus, American ed., New York: Oxford University Press. ISBN 0-19-513097-9.
* Bede. (731). Historiam ecclesiasticam gentis Anglorum. Accessed 2007-12-07.
* Blackburn, Bonnie; Leofranc Holford-Strevens (2003). The Oxford companion to the Year: An exploration of calendar customs and time-reckoning. Oxford: Oxford University Press. ISBN 0-19-214231-3. (reprinted & corrected, originally published 1999)
* Cunningham, Philip A; Starr, Arthur F (1998). Sharing Shalom: A Process for Local Interfaith Dialogue Between Christians and Jews. Paulist Press. ISBN 0-8091-3835-2.
* Declercq, Georges (2000). Anno Domini: The origins of the Christian era. Turnhout: Brepols. ISBN 2-503-51050-7. (despite beginning with 2, it is English)
* Declercq, G. "Dionysius Exiguus and the Introduction of the Christian Era". Sacris Erudiri 41 (2002): 165–246. An annotated version of part of Anno Domini.
* Doggett. (1992). "Calendars" (Ch. 12), in P. Kenneth Seidelmann (Ed.) Explanatory supplement to the astronomical almanac. Sausalito, CA: University Science Books. ISBN 0-935702-68-7.
* Richards, E. G. (2000). Mapping Time. Oxford: Oxford University Press. ISBN 0-19-286205-7.
* Riggs, John (January-February 2003). Whatever happened to B.C. and A.D., and why?. United Church News. Retrieved on December 19, 2005.
* Ryan, Donald P. (2000). The Complete Idiot's Guide to Biblical Mysteries. Alpha Books, p 15. ISBN 002863831X.
* TaiwanCalender Class (System.Globalization). Microsoft Corp. (2006). Retrieved on September 10, 2006.

[edit] External links
Look up AD, Anno Domini in Wiktionary, the free dictionary.

* The Catholic Encyclopedia, s.v. "General Chronology"

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Posted by dannoynted1 at 9:32 AM 0 comments Links to this post
Labels: Angels from the Promised land
Friday, December 28, 2007
Gateway~Is Deep in the Heart of Texas~ God Bless Texas

The stars at night are big and bright
(clap, clap, clap, clap),
Deep in the heart of Texas.

The prairie sky is wide and high
(clap, clap, clap, clap),
Deep in the heart of Texas.

The sage in bloom is like perfume
(clap, clap, clap, clap),
Deep in the heart of Texas.

Reminds me of the one I love
(clap, clap, clap, clap),
Deep in the heart of Texas.

The coyotes wail along the trail
(clap, clap, clap, clap),
Deep in the heart of Texas.

The rabbits rush around the brush
(clap, clap, clap, clap),
Deep in the heart of Texas.
Posted by dannoynted1 at 1:42 AM 0 comments Links to this post
Labels: Angels from the Promised land, Desert of the dead
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Dear LULAC, AGIF and all Humanitarian Advocacy Proponents

2008-03-06T03:24:00.000-08:00

Dear LULAC, AGIF and all Humanitarian Advocacy Proponents,

We at Los Kenedeños have learned of serious allegations concerning the practice of euthanasia and premature babies of poor families who have no health insurance. Locally, we should pay close attention to the Ponce case, scheduled for trial in Nueces County Court at Law #1 March. Medical records and court documents indicate that at least one Corpus Christi hospital is routinely euthanatizing premature babies of poor Hispanic families who do not have health insurance (see "People Magazine" April 25, 2005 “Controversy: Grieving parents Sylvia and Manuel Ponce claim a doctor euthanized their premature baby” http://www.people.com/people/article/0,,1049168,00.html).

David Ponce, a beautiful little boy struggling to live, was given a massive lethal injection of narcotic to save the hospital money for his expensive care. Other infants who had identical medical conditions but who had insurance were not given the same injection that was used to kill David Ponce. Attorneys, including Abernathy in Corpus Christi and Scully in Dallas, have worked very hard to cover this up for almost eight years. Just ask them and you'll see what I mean.

Surely LULAC, The American GI Forum & Public Policy oppose this practice?

We place this matter in your very capable hands in preparation, please review all public
documents and make sure our presence (in numbers) and support is exuded at all hearings, trials AND IN THE PUBLIC EYE AS WELL.

It is our duty to keep the public informed and to stand up for those who cant stand up for themselves.

Tell the people "what is really going on" with their Healthcare.

Corpus Christi is, not the only place this is happening.

Nueces Democrats: Hegemony: Power, Culture & Ideology: Lencho Rendon: The Pimping Out Of The President & Hillary

2008-03-03T10:34:00.000-08:00

Nueces Democrats: Hegemony: Power, Culture & Ideology: Lencho Rendon: The Pimping Out Of The President & Hillary:

"It is a simple choice, vote for Joe or vote for the Solomonista."

Is this the "Integrity" of "Education of CCISD" ~ Administrative Policy of Principal's "private Policy" used4 Public Educationlaw BILLS...

2008-02-26T02:26:00.000-08:00

1 Comment - Show Original Post

Blogger Jaime Kenedeño said...

Dear Sirs,

There is a concerning precedent being set with the Nueces County JP Courts and specifically the Precinct 2 Place 2 Court Located in Flour Bluff ISD. Any objections or contesting of legal issues are first reacted to in “a playing of ignorance” and ADA’s pick the file up and retreat to a back room for “legal advice”. What is interesting from a layman’s perspective is whom did the ADA confer with in the back room? After all, the Republican JP is not a “Legally Trained” member of the Texas Bar Association but he does pack a Political Agenda. So why would an Attorney be asking a non-attorney for “Legal Advice”? Any citing of the Texas Statutes are vehemently disallowed as the intimidation tactics of pointing fingers, threats of going to jail and the filing of extraneous charges materialize. Most any average citizen would defer and succumb, but to their astonishment this was not the case for one family who stood up and called their bluff.

Initially, in October 8, 2006 the family lost their patriarch and the children were devastated. The children were out of school all except for one day that week and the parents turned in an excuse. On October 16, 2006 charges were filed for Non-attendance and Parent contributing to non-attendance. Any absences occurring after October 16, 2006 are excluded (by law) as evidence for this particular case filed on October 16, 2006. The calculations are in error as the record inaccurately reflects the absences as unexcused when in fact the written excuses were submitted in a timely manner and are verifiable. It is possibly a simple error however, it lingers uncorrected.

In the case filed on October 16, 2006 satisfactory attendance evidence has been demonstrated to the satisfaction of the Superintendent Scott Eliff (*statement to be submitted in evidence). Also the statements made in writing by King High School Assistant Principal Lisa Trevino are in violation of the Civil Rights afforded to all Americans as the statement demonstrates retaliation by a KHS Administrator for pleading NOT GUILTY to the allegations made on October 16, 2006. (**To be submitted into evidence). Is it the norm to claim a student in non-compliance with attendance policies simply because he pleaded NOT GUILTY? Furthermore, is not it a violation of one’s Civil Rights to claim a student in non-compliance with attendance policies simply because he pleaded NOT GUILTY?

February 26, 2008 2:03 AM

An opportunity is thus a type of liberty or freedom for it involves the absence of prohibitions or obstacles limiting what agents may or can do.......

2008-02-23T05:52:00.000-08:00

ISEC 2005

Inclusive and Supportive Education Congress
International Special Education Conference
Inclusion: Celebrating Diversity?

1st - 4th August 2005. Glasgow, Scotland
home
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Equality of Opportunity as a Rationale for Inclusive Education

Dr. Christian Liesen
Institute for Special Education – University of Zurich, Switzerland
Hirschengraben 48, CH-8001 Zurich
liesen@isp.unizh.ch

This paper seeks to discuss whether the principle of equality of opportunity could serve as a rationale for inclusive education. The first section aims at positioning the topic within the inclusive education discourse, narrowing down the scope. The second section presents a brief analysis of the notion of ‘equality of opportunity’ as well as some of its implications, while the third section addresses the question of how we are to know whether opportunities are equal. The last section seeks to draw some conclusions with respect to inclusive education. – It should be pointed out that the paper is solely meant for discussion.

1. The case for inclusive education: reasons and rationales

Many arguments have been brought forward to strengthen the case for inclusive education. Yet it is not always easy to follow the lines of reasoning, and little reflection is needed to notice certain contradictions and ambiguities and a good deal of eclecticism in the literature. The crux is, as Alan Dyson observed, that

(i)nclusion is different from many other fields of inquiry in that it is premised on an answer rather than a question. That ‘answer’, of course, is that inclusive education is superior in one or other way to non-inclusive education. The strength in this position is that it enables a relatively young field to define and advance itself in the face of considerable hostility. (…) The danger, however, is that it becomes all too easy for thinking on inclusion to descend from analysis to polemic, and for certain values and beliefs to become ossified, ultimately to the detriment of those marginalized groups on whose interests the inclusion movement claims to act. ( Dyson, 1999, p. 43f. )

Dyson has suggested to distinguish between two different but intersecting dimensions of the inclusive education movement: One is primarily concerned with providing a rationale for inclusion, whereas the other concentrates on the realisation of inclusion. Each dimension can again be subdivided into different discourses as follows. A rationale for inclusive education is either sought with reference to rights and social justice or by rigorously questioning the efficacy of special education (while claiming the superiority of inclusive education). The realisation of inclusion is frequently discussed either with respect to the political struggle for the implementation of inclusive education, or it is concerned with what inclusive education looks like inpractice (cf. Dyson, 1999, pp. 38-43 ). It is safe to say that these two dimensions / four discourses deliver a felicitous depiction of the inclusion debate’s crucial building blocks.

This paper is concerned with adumbrating the question whether equality of opportunity could serve as a rationale for inclusive education. It belongs, hence, in the context of the rights and social justice discourse. Concededly, the most important (and most interesting) question would actually be how the different building blocks interrelate, or ought to interact, in order to achieve progress in the field. Dyson does offer some very sensible and perspicacious suggestions on this (cf. ibid., pp. 44-48). The line of reasoning chosen here, by contrast, will allow only for a few rather cautious remarks in the final part of the paper. Proposed is the idea of merging, in a way, ethical considerations and empirical research in order to substantiate the case for inclusive education. As a consequence, some fundamental policy issues will emerge, alongside certain difficulties inherent to the rhetoric of inclusion.

2. Equality of opportunity

Let us shed, as a first step, some light on the principle of equality of opportunity. Peter Westen (1990) has presented an illuminating formal analysis. He states that opportunity

designates both a single concept and a multiplicity of conceptions. Each opportunity is like every other in that all opportunities reflect a certain formal relationship among agents, obstacles, and goals; but each opportunity also differs from other opportunities in that each is a relationship among particular agents, particular obstacles, and particular goals. ( Westen, 1990 , p. 171, italics added)

This may seem simple enough. Nevertheless, an important point with respect to the rhetoric of opportunity is already implied here: When opportunities are stated as a reason for, say, political action, speakers often do not specify the particular agents, obstacles, and/or goals they have in mind. Such a speech may still meet with approval although the underlying conceptions of speaker and listener may turn out to be radically different on closer examination. Rhetorical difficulties like these should be kept in mind.

Equal opportunities do not lead to equal outcomes. On the contrary, equal opportunities lead to inequality. There is sense in which a strong commitment to equality of opportunity is incompatible with equality of outcomes, and a society that aims at equalising opportunity is very different from a society that aims at equalising outcomes. The reason is that

(a)n ‘opportunity’ to attain a goal is a chance to attain a goal, not necessarily a guarantee of attaining it. Insofar as people have opportunities that are less than guarantees of what they wish, some of them will inevitably attain goals that others fail to attain. To create equal opportunity, therefore, is virtually always to allow people ‘to become unequal by competing against [their] fellows.’ (Westen, 1990, p. 176f.)

That equality of opportunity leads to inequality has some deeper implications. It can be argued that opportunities express and deliver a certain kind of liberty or freedom which is essential for society and which can not be achieved otherwise. Equality of opportunity is indispensable. T.D. Campbell enunciates the point as follows:

An opportunity may be said to occur when an agent is in a situation in which he may choose whether or not to perform some effortful act which is considered to be desirable in itself or as means to the attainment of some goal which is considered to be desirable. An opportunity is thus a type of liberty or freedom for it involves the absence of prohibitions or obstacles limiting what agents may or can do or acquire. […] (A)n opportunity is something which the agent may or may not take advantage of depending on whether or not he chooses to do so. One of the points about describing a situation as an opportunity is that this indicates that the outcome of the situation depends in part on the choices made by the person who has the opportunity. Opportunities can always be missed or passed up, neglected or rejected. Of course I may be forced to have an opportunity (as when I was compelled to go to school) but it is not an opportunity which I am forced to have if the attainment of the desired goal does not depend to some extent on my choices, that is, for instance, if whether or not I become educated as distinct from go to school, does not depend to some extent on my own volitions. If education as such could be compelled then we would not speak of educational opportunity, at least not in those cases where it is compelled. ( Campbell, 1975, p. 51/54, italics added )

It is true, of course, that not all opportunities are of particular concern to us. People do not care for all kinds of opportunities; they care first and foremost for educational and occupational opportunities. A ‘fair’ or ‘equal’ distribution of opportunities is relevant and vital especially in these domains. What comes into play here, then, is that equality of opportunity must be seen as a matter of distributive justice. A just society will usually seek to equalise opportunities in the sense of distributing them fair an equal. It is worth noticing, however, that opportunities can not be created or distributed at will. Westen notes that

creating one opportunity may mean denying another. Thus, whenever a society creates an opportunity by removing an obstacle that affects people differentially, it denies people the opportunity to benefit from the differential. And, whenever a society creates an opportunity by removing human obstacles, it denies people the opportunity to exploit those obstacles. This does not mean that societies should refrain from creating opportunities. It means, rather, that … the significant question for opportunity is not ‘Whether opportunity?’ but ‘Which opportunities?’ (Westen, 1990, p. 171)

Consequently and in most cases, with equality of opportunity as a rationale for inclusive education, apparently interests will have to be balanced. The interests of those who are excluded from participating effectively in society – of which the education system forms an essential part – will have to be weighed against the interests of those who are successful within such a framework and ‘benefit from the given differential’. A society will therefore have to deliberate about equalising opportunities, which is, ultimately, a democratic process (belonging to the realisation dimension).

It should be emphasized, however, that when a mismatch between a person’s situation and what may be called the dominant cooperative framework of society occurs, the results may be devastating. Being excluded from participating in the most basic interactions and cooperation of society strongly calls for compensation and adjustment. On this basic level, the interest in inclusion will by and large outweigh the interests of those who may be deprived of being as successful as they could be otherwise. If people are denied basic opportunities in this sense, they will normally be in the position of making strong claims in the cause of justice. But the question of particular interest is then, of course, ‘How do we know they are denied these opportunities?’, or more general, ‘How do we know whether opportunities are equal or not?’, e.g. in an education system.

3. How do we know when opportunities are equal?

We have seen so far that we should focus our attention on educational and occupational opportunities; that opportunities secure individual liberty and freedom and lead, consequently, to inequalities; and that equality of opportunity is a matter of distributive justice and may result in strong claims of justice in at least some cases. But on what grounds is it legitimate to judge whether opportunities are equal or not? How do we assess and evaluate equality of opportunity, especially with respect to inclusive education?

There is a substantive answer to this question. Any inquiry into whether opportunities in a given society are equal or not – or within parts of a society, such as the education system – will have to start from ascertainable inequalities under the prevailing circumstances. These inequalities will have to be sufficiently and adequately described in a way that most people would agree is accurate. (We will look at an example in a moment.)

The crucial point to be addressed will be whether or not the portrayed inequalities indicate that the principle of equality of opportunity has been violated. Onora O’Neill (1977) has argued that two different positions suggest themselves. One may be called the ‘formal’ (or ‘liberal’) position. It stresses that inequalities are due to the fact that people may choose to or refrain from taking advantage of the opportunities at hand. The members of society may be extremely unequal in educational and occupational attainment, but if so, it must be the result of the varying capacities, volitions, and desires of those to whom the respective selection procedures are applied. Once the distributive and selective procedures are fair, there is nothing left to complain about. As O’Neill points out,

(s)uch an ‘equal-opportunity society’ would … not be characterized by equal incomes or equal property holdings or equal standards of living or of education. (…) Equal opportunity in the formal sense does not ensure equal success or equal health or equal status, but only the fair application of the rules governing the pursuit of such goods. This is the equality of opportunity of … a society in which there are winners and losers, and in which winning appears often as merited by the winners and losing as deserved by the losers – for did they not all have equal opportunity to win? ( O'Neill, 1977 , p. 180)

The other position may be called the ‘substantive’ (or ‘egalitarian’) position. It stresses that inequalities must not indicate a disproportionate success of certain social groups in a society. Instead, all major social groups – but not all individuals – must fare equally well.

An equal-opportunity society on the substantive view is one in which the success rates of all major social groups are the same. (…) A strong commitment to substantive equality of opportunity demands that any under-representation of some group in some line of employment / income group / educational group be due solely to the unmanipulated choice of members of that group. (…) Substantively equal opportunity is achieved when the success rates of certain major social groups – such as the two sexes, various ethnic groups and perhaps various age groups – are equalized. It is not breached when there are large differences between the most- and least-successful members of these groups, provided that there are equally large differences between the most- and least-successful members of other major social groups. It is not true in a society which aims at substantively equal opportunities that all individuals have the same chance of any given type of success. For individuals are all members of many differently defined groups, and substantive equality of opportunity seeks only to equalize their chances qua members of certain major social groups; it seeks to eliminate inter-group differences, but not to alter intra-group ones. ( O'Neill, 1977 , p. 181-83)

This position is ready to acknowledge that people’s perspectives in life are not exclusively ascribable to a person’s capacities, volitions, and desires. As a matter of fact, there are disadvantages which are undeserved and beyond individual control, such as being disabled or of old age. The ‘substantive’ position is concerned with identifying adequate characteristics of major social groups to enable sound comparisons and call for compensation where needed.

To illustrate, a good example are some results from the PISA study (cf. www.pisa.oecd.org). The OECD Programme for International Student Assessment (PISA) is an internationally standardised assessment that was jointly developed by the participating countries (30 OECD member states plus 13 associated countries in the first assessment in 2000; at least 58 countries will participate in the next assessment in 2006). PISA claims to assess “how far students near the end of compulsory education have acquired some of the knowledge and skills that are essential for full participation in society.” The idea is to give information about the capacities and the potential of education systems. Does an education system prepare students well?

It is only recently that OECD has published some findings concerning equity and quality in the light of the PISA 2000 results. The report states that

(i)n sum, PISA 2000 results show that students in integrated education systems perform, on average, better than those in selective education systems, and that their educational performance is less dependent on their background. Many factors may be at play here. A higher average performance suggests that the more heterogeneous student groups or classes in integrated education systems could have a beneficial effect for the lower-performing students. Also, the flexibility offered by an integrated system may allow students to improve their performance while keeping their academic options open. ( OECD, 2005 , p. 89)

In the main findings section, the report reads:

A striking result was the advantage that comprehensive education systems appear to have in terms of student performance (quality). PISA 2000 results suggest that the performance of students enrolled in comprehensive education systems is less dependent on their socio-economic background. ( ibid., p. 94)

From the perspective of equality of opportunity, it is not so much the aspect of performance (‘quality’) that is of interest here but rather the aspect of uncoupling socio-economic background and performance (‘equity’). There are some countries – Germany is a sad example – in which the social background of a student has a very strong impact (‘predictive power’) on student performance. This means, to put the matter bluntly, that it is not a student’s capacity to perform that determines what he or she will achieve, but first and foremost his or her socio-economic background. The result is that students with a low social background are manifestly underrepresented on the higher levels of the education system.

The ‘liberal’ position has no option but to ascribe this situation to individual factors, say, motivation or ability. This is highly implausible, at least in the case of countries that have had to experience a rude awakening by PISA, such as Germany or Switzerland. ‘Substantive’ equality of opportunity, on the other hand, is precisely concerned with cases like these: Members of a major social group – i.e., students with a lower socio-economic background – are disadvantaged due to factors that are undeserved and beyond individual control, while other groups display disproportionate success. This does call for an equalisation of opportunities.

4. Equality of opportunity and inclusive education: some considerations

In the final part of this paper, I would like to draw some conclusions concerning equality of opportunity and inclusive education.

First, I think that equality of opportunity can serve as a rationale for inclusive education if and only if inclusion is understood in the sense of equity. This would mean to adopt the substantive view of equal opportunity, and will require to provide empirical evidence to show that a major social group of society is indeed undeservedly disadvantaged. It would also mean to suggest that some form of inclusive education is the right course of action to take.

Second, to provide a rationale for inclusive education is obviously very different from the realisation of inclusive education. It should be kept in mind that other interests will have to be allowed for as well and that there might be considerable opposition, even if the claims could compellingly be shown to be legitimate ones. This should not belie the fact, however, that being in the position to provide a rationale for inclusive education is very different from simply claiming that it is right. It is precisely because different and mutually incompatible interests are involved that arguments have to be provided (and there are some highly interesting contributions in this kind of spirit, for example Booth & Ainscow, 1998; Pijl, Meijer & Hegarty, 1997; Vitello & Mithaug, 1998 ).

Third, if this idea bears any validity at all, it has to be pointed out that the rhetoric of inclusion tends to disguise some fundamental points here, especially in relation to policy. For example, the rhetoric of ‘celebrating diversity’ tends to downplay the fact that different legitimate interests are involved and have to be balanced. Cause for concern gives also the factor that any policy perspective will always have to operate along the lines of defining social groups. It may come as a surprise that this is not only due to administrative reasons (cf. Dever, 1990 ) but is also demanded from an ethically informed perspective. There are no claims of distributive justice – and hence no rationale for inclusive education – without the construction of social groups. The talk of heterogeneity isn’t much help in these matters, the more so as it quite often blurs who is thought to be the target group of inclusion within the inclusive education discourse.

Fourth, it will be as unavoidable as it is fruitful to strive to merge ethical considerations and empirical research in some respect. The idea behind this is that an empirical basis is indispensable in order to substantiate claims, while at the same time ethical considerations are indispensable to provide a sensible interpretative framework for empirical findings and to draw sound conclusions. One main feature of these arguments, reasons and rationales is that they must be eligible to convince others on grounds they can not reasonably reject – to convincingly argue the case.

Fifth, there seems to be a broad consensus that inclusive education has to be conceptualised as a general education topic, not as another issue of special education. Equality of opportunity might help us to engross the implications of what this actually means. It might help us to see the big picture.

Sixth, it has to be pointed out that there is not one choice in these matters, but many. There is no unequivocal course of action to take. Dyson’s proposal to talk not of inclusion, but of inclusions, and to seek not a single form but a wide range of inclusive practice and organisation (1999, p. 46), deserves a good deal more of attention. Moreover, I think the field of special education should be very serious about Seamus Hegarty’s remark that inclusive education has to be about changing and modifying system in a way that preserves all its strengths (cf. Hegarty, 1998 , p. 156).

References

BOOTH T. & AINSCOW M. (eds.) (1998) From Them to Us. An International Study of Inclusion in Education. London: Routledge.

CAMPBELL T.D. (1975) Equality of Opportunity. Proceedings of the Aristotelian Society 75, 51-68.

DEVER R.B. (1990) Defining Mental Retardation from an Instructional Perspective. Mental Retardation 28 (3), 147-53.

DYSON A. (1999) Inclusion and Inclusions: Theories and Discourses in Inclusive Education. IN Daniels H. & Garner P. (eds.) World Yearbook of Education 1999: Inclusive Education. London: Kogan, 36-53.

HEGARTY S. (1998) Challenges to Inclusive Education: A European Perspective. IN Vitello S. & Mithaug D.E. (eds.) Inclusive Schooling: National and International Perspectives. Mahwah, NJ: Erlbaum, 151-65.

O'NEILL O. (1977) How Do We Know When Opportunities Are Equal? IN Vetterling-Braggin M., Elliston F.A. & English J. (eds.) Feminism and Philosophy. Totowa, NJ: Rowman & Littlefield, 177-89.

OECD (2005) School Factors Related to Quality and Equity. Results from Pisa 2000. Paris: OECD.

PIJL S.J., MEIJER C. & HEGARTY S. (eds.) (1997) Inclusive Education: A Global Agenda. London: Routledge.

VITELLO S. & MITHAUG D.E. (eds.) (1998) Inclusive Schooling. National and International Perspectives. Mahwah, NJ: Erlbaum.

WESTEN P. (1990) Speaking of Equality. An Analysis of the Rhetorical Force of Equality in Moral and Legal Discourse. Princeton, N.J.: Princeton University Press.

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The University of Strathclyde Association of Directors of Education in Scotland NASEN Inclusive Technology Ltd Greater Glasgow & Clyde Valley Tourist Board Virtual Staff College

DeLay claimed that too many people of color had volunteered to join the military in order to escape poverty, thus leaving no room for patriotic conser

2008-02-11T03:48:00.000-08:00

NATIONAL NEWS
'Chicken Hawks' are Flapping their Wings over War with Iraq
by George E. Curry

That loud clucking sound you hear coming from the nation’s capital did not originate at KFC, Popeye’s, or the neighborhood wing joint. It’s coming from chicken hawks, those now thirsting for a war with Iraq but were chicken when it was their turn to serve in the military.

Let’s start with “Dubya.” The president joined the Texas Air National Guard in 1968 rather than serve in the military. He apparently used the connections of his father, who was a congressman and war hero, to join the Guard, leapfrogging thousands whose names were already on the waiting list.

Vice President Dick Chaney obtained student deferments and then a marital deferment to avoid Vietnam. He explained that he had “other priorities” than military service. Attorney General John Ashcroft did not serve, opting to get a deferment to teach business at Southwest Missouri State University.

Secretary of Defense Donald Rumsfeld was a Navy pilot and flight instructor from 1954 to 1957 but did not see combat.

Although Republican leaders in Congress are more hawkish than Democrats, that’s in rhetoric only. Senate Majority Leader Tom Daschle, House Minority Leader Dick Gephardt and House Minority Whip David Bonior served in the military. On the Republican side, Senate Minority Leader Trent Lott, Senate Minority Whip Don Nickles, Speaker of the House Dennis Hastert, House Majority Leader Dick Armey and House Majority Whip Tom DeLay did not serve.

DeLay claimed that too many people of color had volunteered to join the military in order to escape poverty, thus leaving no room for patriotic conservatives like him. So instead of fighting in Vietnam, DeLay declared war on roaches and bugs as an exterminator.

Some of the most famous talking heads on television also did not serve in the military, including George Will, Bill O’Reilly, Bill Kristol, Charles Krauthammer, Pat Buchanan, Alan Keys and Rush Limbaugh, the royal pain who said he did not serve because of “anal cysts.”

Other notable chicken hawks are Supreme Court Justices Clarence Thomas and Antonin Scalia, Secretary of Health and Human Services Tommy Thompson, Senator Joe Lieberman, Gov. Jeb Bush of Florida, Senator Phil Gramm of Texas, Rep. Bob “B-1” Dornan, former New York City Mayor Rudy Giuliani, former Secretary of Education William Bennett and former congressman and ex-vice presidential candidate Jack Kemp, who failed his physical exam but was healthy enough to play professional football. (For an extensive list of chicken hawks on the Internet, go to the New Hampshire Gazette’s site at www.nhgazette.com/chickenhawks.html or www.awolbush.com.)

Interestingly, the most vocal opponents of a war against Iraq are retired military generals, including Brent Scowcroft, the elder Bush’s national security adviser and Gulf War Commander Norman Schwarzkopf.

Secretary of State Colin L. Powell, a retired Army general, wrote in “My American Journey,” his autobiography: “I particularly condemn the way our political leaders supplied the manpower for that [Vietnam] war. The policies – determining who would be drafted and who would be deferred, who would serve and who would escape, who would die and who would live – were an antidemocratic disgrace.”

In the interest of full disclosure, when I was editor of “The Aurora,” my school paper at Knoxville College in Tennessee, I was among 250 student leaders who signed a “We Won’t Go” to Vietnam petition that was submitted to President Richard Nixon. Of those, 12 were invited to hold a new conference in Washington, D.C. And two of us appeared on the “Today Show” to state our case.

On national TV, I expressed opposition to the Vietnam War on moral grounds and stated that I would refuse to go to Vietnam if drafted. I stated that I was willing to suffer the consequences of my decision and explained that I would not flee to Canada to avoid whatever government authorities had in store for me.

My Selective Service Board wasn’t exactly pleased with my position and sought to have me drafted. It was a big relief, especially to my family, when doctors at the induction center discovered that I have enlarged lymph nodes, which disqualified me for military service.

I am proud of the stand I took more than three decades ago. Although I objected to our involvement in the war, I respected the men who had volunteered to fight in Vietnam, including some of my close friends. We made different choices and had the courage of our convictions. But I have no respect for chicken hawks who avoided military service but are now eager to send other parents’ kids to war.

If we go to war, it’s unlikely that the brunt of that conflict will be felt by sons and daughters of the wealthy or politically connected.

Colin Powell also wrote in his autobiography, “I am angry that so many of the sons of the powerful and well placed and so many professional athletes (who were probably healthier than any of us) managed to wangle slots in Reserve or National Guard units. Of the many tragedies of Vietnam, this raw class discrimination strikes me as the most damaging to the ideal that all Americans are created equal and owe equal allegiance to their country.”

Powell published that seven years ago. Today, he is working for the Number One Chicken Hawk.

George E. Curry is editor-in-chief of the NNPA News Service and BlackPressUSA.com.
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Congress needs to just toss it in the trash and start over.......

2008-02-05T01:07:00.000-08:00

America is racing headlong into a serious recession (depression?) and Bush doesn't have a clue what to do about it. He clearly shows this with the ridiculous budget he has sent to Congress. He has proposed a budget that will set a record level of deficit spending, but does very little for the ordinary Americans who need help.

It will give many Americans a few hundred dollars in a one-time giveaway, but this does nothing to solve the problems these people face -- rising prices, stagnant wages, record home foreclosures, disappearing jobs, and a broken healthcare system. The only real effect this "stimulus package" will have is to increase profits for the corporations (who are already making more money than ever).

Then, to make things worse, he wants to make permanent trillions of dollars in tax cuts for the wealthy. Again, this is helping the people who don't need any help, but does nothing for those who need help.

Then he wants to give the military-industrial complex a huge 7.5% increase, while demanding that most social programs settle for 1% (far below the inflation rate) and others get cut or eliminated. Again, he's helping the rich and punishing everyone else.

He even wants to slash education funds by $3.2 billion. Of course these cuts will have to be made up by middle and working class people on the state and local level -- the very people the recession is hitting the hardest.

And he doesn't leave the elderly out either while dishing out the pain. He wants to cut Medicare by another $200 billion. This program is already so underfunded by Republicans that two-thirds of doctors refuse to take new Medicare patients. How will an elderly person be able to find a doctor after those new cuts?

I have to stop before I throw up. Bush's new budget is an abomination. It is not even worth amending. Congress needs to just toss it in the trash and start over.

It is time for Democrats to finally stand up to Bush and act to protect ordinary Americans. They must say no to every part of this insane budget.

Labels: budget, Bush

He demanded equal opportunity for Mexican-American students, who were separated from Anglo students and taught in subpar facilities with inexperience

2008-01-18T04:27:00.000-08:00

Garcia's greatest passion: education

By Adriana Garza (Contact)
Originally published 04:33 a.m., January 18, 2008
Updated 04:33 a.m., January 18, 2008

Dr. Hector P. Garcia was born 94 years ago this week in a small southern town in the Mexican state of Tamaulipas, one of seven children born to parents who were teachers.

His life would come to symbolize the hope and activism that marked the Hispanic civil rights struggle, and his actions helped to change the Hispanic experience in the country forever. Birthday celebrations in Corpus Christi and San Antonio on Thursday honored that vision and life mission.

He was passionate about many things -- practicing medicine, fighting for equal rights for Hispanic veterans -- but his greatest passion may have been for education.

Garcia, founder of the American GI Forum, developed a love for learning early in life.

His family -- parents Jose and Faustina Garcia and his six siblings -- fled from revolution-torn Mexico to the Rio Grande Valley in 1917.

Jose was forced to leave his teaching career behind and open a dry-goods store to support his family.

But education remained a cornerstone of the Garcia family.

Jose used the edifice of his grocery store as a quasi-schoolroom and taught his children the basics, including English.

Young Hector was sometimes difficult to corral for his lessons. His love for baseball often rivaled his love for learning and served as a distraction. But life always came back to learning.

Garcia would go on to earn a bachelor's degree from the University of Texas and a medical degree from the University of Texas Medical Branch at Galveston. His siblings all became educated professionals.

Education became a focus for Garcia and his American GI Forum. The civil rights leader took on school segregation and became an important and public figure on the issue. He demanded equal opportunity for Mexican-American students, who were separated from Anglo students and taught in subpar facilities with inexperienced teachers.

At home, he was just as demanding when it came to schooling. For Dr. Hector, education was more than just a cause, it was a deeply personal commitment.

Cecilia Akers, one of Dr. Hector's three daughters, said her father set high standards for his children, especially when it came to grades and schoolwork.

"He was so intense about us finishing school," Akers said. "When we were 8 and 9 he was already trying to get us to focus on what we were going to do for a career."

Coming home from school with a B or a C was bad news for the Garcia children. Dr. Hector expected all A's.

While growing up with such high expectations was difficult, Akers, a physical therapist, now appreciates her father's passion for education. In keeping with his motto, "Education is freedom and freedom is everyone's business," Garcia believed it was education that would ensure his daughters' independence, Akers said.

"He wanted us all to be independent," Akers said. "He didn't want us to have to depend on a man or anyone to support us. He was really ahead of his time."

Former staff reporter and Corpus Christi native Adriana Garza is pursuing a master's degree in political science at Texas A&M; University-Kingsville. Contact her at adriana.garza@tamuk.edu.

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Any "indicating" as defined by the Texas Family Code Section 51.03(b) 1 ~ CCISD is guilty of fraud

2008-01-17T01:55:00.000-08:00

(b) A child taken into custody may be detained prior to hearing on the petition only if:

1. the child is likely to abscond or be removed from the court's jurisdiction;
2. suitable supervision, care, or protection for the child is not being provided by a parent, guardian, custodian, or other person;
3. the child has no parent, guardian, custodian, or other person able to return the child to the court when required;
4. the child may be dangerous to himself or herself or the child may threaten the safety of the public if released;
5. the child has previously been found to be a delinquent child or has previously been convicted of a penal offense punishable by a term in jail or prison and is likely to commit an offense if released; or
6. the child's detention is required under subsection (f), below.

(c) If the child is not released, a request for detention hearing shall be made and promptly presented to the court, and an informal detention hearing shall be held promptly, but not later than the second working day after the child is taken into custody. If the child is taken into custody on a Friday or Saturday, then the detention hearing shall be held on the first working day after the child is taken into custody.

(d) A release of a child to an adult must be conditioned on the agreement of the adult to be subject to the jurisdiction of the juvenile court and to an order of contempt by the court if the adult, after notification, is unable to produce the child at later proceedings.

(e) If a child being released under this section is expelled from school in a county with a population greater than 125,000, the release shall be conditioned on the child's attending a juvenile justice alternative education program pending a deferred prosecution or formal court disposition of the child's case.

(f) A child who is alleged to have engaged in delinquent conduct and to have used, possessed, or exhibited a firearm in the commission of the offense shall be detained until the child is released at the direction of the judge of the juvenile court, a substitute judge, or a referee appointed, including an oral direction by telephone, or until a detention hearing is held.

Nueces Democrats: Robert Zamora:A Man of Strength & Stability ; Winning Back The Nueces County Democratic Party For All South Texas Democrats

2008-01-01T03:40:00.000-08:00

Nueces Democrats: Robert Zamora:A Man of Strength & Stability ; Winning Back The Nueces County Democratic Party For All South Texas Democrats

Zamora Announces for Party Chair

Updated: Jan 1, 2008 12:31 AM

A local attorney has announced he is running for chairman of the Nueces County Democratic Party.

There has been talk that several people might run. On Monday, attorney Robert Zamora officially announced that he has filed for the position, which is now held by Alex Garcia Jr.

"I have not only experience as a lawyer operating my own business for close to 30 years," Zamora said. "What I would like to do is lend the energy and the experience that I have to the operation of the Democratic Party here in Nueces County.

The race will be decided in the state presidential primary in March.

Texas State Representative House District 33: Solomon P. Ortiz Jr. Defeats Mikal Watts at his Own Game. Or Perhaps GOD intervened.

2007-10-02T23:52:00.000-07:00

A BurkaBlog: A Kenedeno Responds to Paul Burka Article with a knockout in the Article Entitled, "Solomon P. Ortiz Jr. Defeats Mikal Watts at his Own Game. Or Perhaps GOD intervened.: "August 22, 2006"

Solly's opponent claimed he had endorsements in writing and he in fact had them but that is the key, ....... he "had them". We are dealing with human beings who will change their mind if and when they see a better deal. Now whether that means more honest, more for the voter, or getting their eyes poked with the Silver Tongue talking like a multi ventriloquist that is for us to find out. Endorsements dont mean anything unless it is on the day they vote. Ask the NY Mets about that phenomenon as they will sit at home this October after leading the whole season.

BurkaBlog:Some Insight Into WATT Endorsements Mean in South Texas?

Education is our freedom, Fund education not i incarceration our we will get other representation!

2007-10-02T23:24:00.000-07:00

Private Agenda funding puppet politicians publically policy provisions
Posted on September 12, 2007 at 03:37:54 AM by Oh Banking in the Cayman USA

AUSTIN -- Texas has spent more than $250,000 to provide security for Gov. Rick Perry and his wife during international trips, state records show.

Most of the trips were touted as economic development missions, but the security tally also includes a Grand Cayman vacation last year and a 2004 trip to the Bahamas with campaign donors that the governor's office said was to discuss education.

The Texas Department of Public Safety has spent $259,428 on the Governor Protective Detail for nine trips since 2004, according to figures obtained by Texas newspapers.

When it comes to Perry's direct expenses, travel costs are normally covered by a privately funded economic development program overseen by his office, business contributions or his campaign. But the state covers security costs.

"Whenever the governor travels, we go with him. That's the way it's been with past governors," DPS spokesman Tom Vinger said.

Perry spokesman Robert Black said the governor's travel is important to advancing his economic development agenda.

"As the leader of the 10th largest economy in the world, the governor has made job creation and economic development a cornerstone of his administration, and that means ... bringing jobs to this state, whether from inside our own country or from around the world," Black said Tuesday.

The DPS highway patrol budget, financed mostly by the state gasoline tax and vehicle registration fees, funds the security detail.

http://www.caller.com/news/2007/aug/9/perrys-security-on-trips-costs-259k/

Replies:

CECILIA GARCIA AKERS: THANK YOU MR. ZUNIGA

2007-09-19T01:29:00.000-07:00

THANK YOU MR. ZUNIGA FOR FORWARDING THE INFORMATION REGARDING THE
CELEBRATION OF DR. HECTOR P. GARCIA'S RECOGNITION DAY. IT IS GOING TO
BE A JOYFUL WEEK FOR THE GARCIA FAMILY AS MANY COMMUNITIES NOT ONLY IN
CORPUS CHRISTI, BUT AROUND THE STATE OF TEXAS WILL BE REMEMBERING ALL
MY FATHER'S MANY ACCOMPLISHMENTS AND THE IMPACT HE MADE ON THEIR
LIVES. MY MOTHER MRS. HECTOR P. GARCIA WILL BE ATTENDING THE LUNCHEON
AT LA SIESTA CAFE WITH OTHER MEMBERS OF THE GARCIA FAMILY, INCLUDING
MYSELF, DR. CP GARCIA, AND DR. DALIA GARCIA. IMMEDIATELY AFTERWARD,
WE WILL BE ATTENDING THE CELEBRATIONS AT JA GARCIA SCHOOL, AND MILLER
HIGH SCHOOL. WE LOOK FORWARD TO SEEING YOU AT SOME OF THE EVENTS.

THANK YOU.

CECILIA GARCIA AKERS

Esteemed Forumeers and Friends:

The American GI Forum of the US Central Committee of Corpus Christi cordially requests your presence during the week of 16-22 September to honor our founder Dr. Hector P. Garcia. Events start on Monday, 17 September 2007, at 9:00 a.m. at Seaside Memorial Park with a morning memorial service.

There will be a luncheon in honor of Dr. Hector P Garcia on the designated recognition day (19 Sept 2007) by the State of Texas at La Siesta Cafe from 11 AM - 1 PM, at 2331 Agnes St. (361-882-0814). Hosting Chapters are Beatrice Perez Robstown Women's Chapter and the Dr. Hector P. Garcia Founders Chapter.

There is a 75 seat capacity so please call Dr. Dalia Garcia at 993-6319 to RSVP.

The American GI Forum of Texas-Pvt. Felix Z. Longoria Chapter of Corpus Christi, Texas will be conducting ceremonies recognizing Dr. Hector P. Garcia per House Concurrent Resolution No. 273 as well as commemorating Hispanic Heritage Month on Wednesday, September 19, 2007 at 11:00 a.m. on the grounds of Three Rivers City Hall.

Contact Santiago Hernandez, Civil Rights Chairman

American GI Forum-Pvt. Felix Z. Longoria Chapter, Corpus Christi, TX

Home Phone: (361) 851-0958

Cell Phone: (361) 249-5222

Email: Mariachi40@Grandecom.Net

Tentative Program Agenda

11:00AM Opening Remarks

Santiago R. Hernandez, Civil Rights Chairman

American GI Forum-Pvt. Felix Z. Longoria Chapter

Corpus Christi, Texas

11:05AM Posting of Colors

American GI Forum Members

11:10AM Pledge of Allegiance

Debbie Salazar, National Chairwoman

American GI Forum of the United States

Denver, Colorado

11:15AM Invocation

Sara Posas, Chaplain

American GI Forum-Pvt. Felix Z. Longoria Chapter

Portland, Texas

11:20AM Welcome Remarks

James Liska, Mayor

Three Rivers, Texas

11:25AM Hispanic Heritage Month

Moices Cortez, Hispanic Employment Program Manager

Federal Correctional Institution-Three Rivers, Texas

11:30AM Introduction of Guest Speaker

Willie Perez, Commander

American GI Forum-Pvt. Felix Z. Longoria Chapter

Corpus Christi, Texas

11:35AM Guest Speaker

Wanda Garcia, Daughter of Dr. Hector P. Garcia

Austin, Texas

11:50AM Closing Remarks

Paul Herrera, State Commander

American GI Forum of Texas

San Antonio, Texas

The Johnny Canales International Forum invites you to the Community Leaders Banquet to honor Dr. Hector P. Garcia. The event will be held on Wednesday 19 Sept 2007 at the Richard M. Borchard Regional Fairgrounds in Robstown. There will be no tickets sold at the door. For more information call (361) 241-4535. The reception will start at 6:00 p.m. and the banquet will follow at 7:00 p.m. Honored guest are:

Juan "Chuy" Hinojosa Solomon Ortiz, Jr. Juan Garcia

State Senator State Representative State Representative

Abel Herrero Juan Manuel Escobar Yvonne Gonzalez Toureilles

State Representative State Representative State Representative

Other Honored Guests:

Nelda Martinez Mikal Watts Baldemar Gutierrez

City Councilwoman Attorney Attorney

Roger Rocha Paul Herrera KZTV Channel 10

Texas State LULAC Commander

Director American GI Forum

of Texas

The Coastal Bend Area Women's Chapter will hold their event titled Mass in Remembrance of Dr. Hector P. Garcia for Gold Star & Blue Star Mothers on Thursday, September 20, 2007, at 5:30 P.M. Location: St. Patrick's Catholic Church at 3350 Alameda Street, Corpus Christi, Texas

Contact Person: Anna Guzman - (361) 994-8811 or (361) 774-4164

Pews have been reserved for all Gold Star & Blue Star Mothers attending including all Forumeers. Please come out and honor these women and their loved ones who made the ultimate sacrifice defending our rights and the rights of others unable to defend themselves.

ANGEL ZUNIGA
Chair, Central Committee

Hector Garcia celebration is made official

By Mary Ann Cavazos (Contact)
Saturday, September 15, 2007

U.S. Army Pvt. Felix Z. Longoria

Dr. Hector P. Garcia (1968)

CORPUS CHRISTI — Area schools and local American GI Forum chapters will recognize Dr. Hector P. Garcia on Wednesday, the first official state holiday celebration for the civil rights leader.

A resolution passed during the 80th legislative session designated the third Wednesday of September to remember the doctor's life and legacy, but is not a mandatory day off for Texans.

National Hispanic Heritage Month, which begins today, runs through Oct. 15.

Garcia, who founded the American GI Forum in 1948, worked tirelessly for the rights of area Hispanic veterans who were being denied educational, medical and housing benefits promised under the GI Bill of Rights. In 1984, President Ronald Reagan awarded Garcia the Presidential Medal of Freedom, the highest honor given to a civilian by the president. Garcia died in 1996.

Both J.A. Garcia Elementary School, named for Garcia's brother, and Miller High School will have assemblies on Wednesday to honor him. Garcia's daughter, Cecilia Garcia Akers, and Rep. Juan Garcia, D-Corpus Christi, who both pushed for the legislation, will attend.

The Community Leaders Banquet, presented by the Johnny Canales American GI International Forum, also will pay tribute to Garcia along with several state lawmakers.

Joe Ortiz, the chapter's commander, said the holiday will further educate others, especially students, about Garcia's civil rights efforts.

"I'm glad it's going to schools," Ortiz said. "It's about time more people know about Dr. Garcia."

For the past two weeks, students at Garcia Elementary School have been learning more about Garcia and his contributions, said principal Norma A. De Leon.

"Even though they're very young, I know that it's going to have meaning in their lives," De Leon said.

The school will celebrate its 40th anniversary next year.

The Dr. Hector P. Garcia Founder's Chapter and the Beatrice T. Perez Women's Chapter will join Wednesday for a luncheon.

The Pvt. Felix Z. Longoria Chapter will have a ceremony Wednesday on the Three Rivers City Hall grounds.

"A lot of us wouldn't be where we are today if not for him," said Santiago R. Hernandez, the chapter's civil rights chairman. "He fought, he persevered, and we want to honor him for that."

The chapter's namesake was a U.S. Army soldier killed in the Philippines in 1945. When his body was returned to his hometown of Three Rivers, a funeral home declined to host a wake because he was Hispanic, Longoria's family members have said.

After Garcia and then Texas Sen. Lyndon B. Johnson intervened, Longoria was buried in Arlington National Cemetery with full military honors. The event was highly publicized and helped to cement the American GI Forum as a major civil rights organization.

Contact Mary Ann Cavazos at 886-3623 or cavazosm@caller.com

View latest stories with comments »

Comments

Posted by luckybryan on September 15, 2007 at 6:13 a.m. (Suggest removal)

A promise, kept, is a beautiful thing to see.

Lots of work by soo many people - successful at last.
Thank you, Cecilia Garcia Akers, daughter of Dr. Hector
Thank you, Rep. Juan Garcia, advocate for Dr. Hector
Thank you, Mr. Santiago Hernandez, advocate for Dr. Hector

Posted by intheknow on September 15, 2007 at 7:17 a.m. (Suggest removal)

Last checked the bill passed out of the senate not the house. Sen. Hinojosa is the one who did the work. Please give Sen. Hinojosa due credit.

Posted by claudedunger on September 15, 2007 at 7:25 a.m. (Suggest removal)

To everybody who made this work, congratulations. From those who had the good fortune to be familiar with Dr. Hector's work, understand his love for human dignity, or had the good fortune to have made his acquaintance, thank you.

Posted by camaradas on September 15, 2007 at 1:25 p.m. (Suggest removal)

Thank you for all involved to have this happen. I still hold on dearly to comments and advice given to me by him. Very early on in my teaching career I dedicated teaching my students about him and the great work he helped accomplish. It is so wonderful to know that now even more students will have that knowledge. He was an awesome gentleman.

Posted by luckybryan on September 15, 2007 at 7 p.m. (Suggest removal)

Commander Joe Ortiz, what an awesome role model and leader. Senator Juan "Chuy" Hinojosa, a Vietnam veteran, gets it done for Dr. Hector P. Garcia, a WW II veteran. The wonderful students of J. A. Garcia Elementary School have achieved Perfect Attendance one! maybe two!! times since school started Aug. 27, 2007. Roy Miller High School is the home school of more US military service personnel through the years than any other school in Texas, possibly USA. Its tribute exhibit makes viewers extra-prouder to be Texans first and Americans always.

Thank you, Sen. Juan Hinojosa, advocate for Dr. Hector.
Thank you, Norma De Leon, and Garcia school community.
Thank you, Delia McLerran, principal, and Miller school community.
Thank you, Joe Ortiz, Chapter, and especially to the Ladies Auxiliary.

What a nice thing to do for Dr. Hector. The KEDT-TV movie -- You gotta see it to get the big picture of how it was and how it is. Stay in school. Get an education. Work hard. Get rich. God bless America. Support our Troops. Call your Mother.

BurkaBlog: Watts Gets Tough Reception at UT

2007-09-15T03:23:00.000-07:00

BurkaBlog: Watts Gets Tough Reception at UT

Nice piece of work Paul. Why would anybody vote for a candidate who cannot challenge the incumbent in the General election.

It is a mistake to even address Rick although I believe he is a good man, he cannot pull the demographic needed to defeat Junior John.

right now is as good as it gets for the netroots progressives who are about two issues furthering pro choice and same sex marriage.

Not a reasonable group and they can care less about the other issues unless there is a vulnerability to exploit.

DearTony Morales, A Simple Solution: Apologize to everyone for the disgrace perpetuated. When you screw up admit it, try harder & make up for mistakes

2007-09-13T22:23:00.000-07:00

Yes, People are Angry even indignant but you are the leader. Try to ease the concerns, try to answer questions but most of all do not displace your frustration and try real hard to never lose your temper. Name calling is divisive and defeats your expression of reasoning regardless of strength or logic. Try to understand and consider the wisdom of the body who you represent. Forgiveness begins with an Apology.

Also, I would like to point out that Hispanics are only one of the unrepresented people who in unity make up "The American Warrior". If I understand correctly, this documentary is Historically unrepresentative and inaccurate in many aspects.

Mexican Air Force Officer 1931
Prior to WWII, the Mexican Armed Forces had a very small contingent that was a unit of the Army. They wore army uniforms with air branch insignia. Pictured here is an officer in 1930s dress wear with stand up collar and garrison belt. Note similarity of winged prop and pilot badge to US design.

Mexican Air Force Officer 1945
This picture depicts 1Tte Carlos Varela stationed in the Phillipines as part of the Mexican Expeditionary Force, Squadron 201. He is wearing all standard issue US khaki dress with a Mexican hat and insignia. The hat features a cockade and rank inisgnia. The pilot wears US wings on his right chest and Mexican wings on the left. Note the change in design in the Mexican wing to a more aztec look.

General Antonio Cárdenas Rodríguez, commanding officer of the Mexican Expedionary Air Force and the 201st Mexican Fighting Squadron that flew in Philippines in 1945. He led the mission as a Colonel.This photograph was a gift, for every mexican man that served in far east,
the message on the pic is:
"Cordially to the members of the air squad 201. 24-II-1949. Cárdenas."
In this formal portrait from immediately after the war, the General wears a more modern service dress adopted by almost all postwar air forces. Branch of service and rank are on the shoulder. Not the command wing with its large size and aztec style wings.

Mexican Expeditionary Air Force
201 Squadron, Phillipines
This group of officers are posing at their base in the Phillipines. 201 Squadron flew P-47 Thunderbolt fighters and were one of the only Mexican active fighting units in the war.

Mexican Expeditionary Air Force
201 Squadron, Flight A
Clark Field 1945. Pictured are l-r:1Tte Graco Ramirez, 1Tte Carlos Varela, 1Tte Fernando and Cpt Roberto Legurreta.

Does it include women,

Negroes,

Native Americans

or the assignment of the sons of the Elite?

Does it mention Paperclip or Odessa?

Peter Grace, Asbestos or the smuggling of Nazi War Criminals via our southern border?

The point is not about a bias toward Hispanic Soldiers but an ignorance Mr Burns will not address. To ignore the complete portrait of the American Warrior and leave out very significant heroes and characters is not about race but about skewing history and a man who refused to do his homework.

Thursday, September 13, 2007

WWII PBS documentary blasted for ignoring Hispanics

L-R: media interviews National President of LULAC, Rosa Rosales, Fox-29 interviews Coalition spokesman Peter Vallecillo, Nick Pena, Central Labor Council (CLC) President Alicia Garza, Union musician Mike Muniz, Chaplain, Tony Mandujano, National LULAC Treasurer Jaime Martinez & Coalition spokesman Peter Vallecillo, Foxs News-29 Producer Michael Board, Angie Garcia, Leon Hernandez, former Councilman Henry Avila,KSAT-12 & NEW-4 WOAI Photographers, Newspaper Reporter, crowd, American GI forum cap

Protesters packed the VFW Post on 10th Street, Thursday, September 13th in support of "Defend the Honor" San Antonio Coalition.

One after one, speakers complained that only 18 minutes of a 14-hour documentary produced by Ken Burns for PBS on WWII to air September 23rd, mentioned contributions of Hispanic soldiers to the War. One speaker pointed out that Hispanics contributed the highest number of Congressional Medal of Honor recipients among minority groups who served in that war.

Texas Public Education Watchdog Authority: Why would Texas re elect a loser who ALWAYS votes against education and Texas children?

2007-09-11T20:28:00.000-07:00

Texas Public Education Watchdog Authority: Why would Texas re elect a loser who ALWAYS votes against education and Texas children?

Why would Texas re elect a loser who ALWAYS votes against education and Texas children?

Cornyn poised in re-election fight to stick by Bush on taxes, Iraq
Republican seeking second U.S. Senate term next year is banking that voters will back him on stands he's taken.
Listen to this article or download audio file.Click-2-Listen

By W. Gardner Selby
AMERICAN-STATESMAN STAFF
Tuesday, September 11, 2007

For someone who proclaims his independence from the White House, U.S. Sen. John Cornyn of Texas can still sound like a cheerleader for President Bush.

Speaking to fellow Republicans in Fort Worth at a presidential straw poll recently, Cornyn staked a claim to re-election next year as a pro-war, anti-tax candidate who expects to match up with voter sentiments in his home state.

Ralph Barrera
AMERICAN-STATESMAN
(enlarge photo)

John Cornyn says he has differed with Bush some.

MORE W. GARDNER SELBY
W. GARDNER SELBY

He stressed his support for the course Bush has set in Iraq and suggested that voters can rely only on Republicans to extend the tax cuts Bush made in his first term.

Two Democratic Senate hopefuls, San Antonio lawyer Mikal Watts and state Rep. Rick Noriega of Houston, are counting on voters to hold Cornyn accountable for Republican stewardship of Congress in the first four years of his six-year term.

"People will not rehire someone who has had bad plans replaced by more bad plans," Noriega said.

Watts called Cornyn a senator "who parrots exactly what he's told to say by this administration and Karl Rove," the former White House counselor.

Cornyn, who ran in 2002 as part of "Team Bush," said in an August interview that he has been a Bush ally on judicial appointments and the war on terrorism but that he has also parted with his friend on a few issues.

A Cornyn proposal to allow greater access to federal records has cleared the Senate without White House backing. Cornyn also is among senators at odds with the president by proposing to give states alternative ways of complying with the federal education accountability system that Bush started.

Also, he and Sen. Edward Kennedy, D-Mass., are seeking to grant the Food and Drug Administration regulatory authority over tobacco and ingredients including nicotine, a step yet to be endorsed by Bush.

This summer, Cornyn opposed the Bush-favored compromise on changes to immigration policy. The senator unsuccessfully offered an amendment barring felons and other offenders from legal residency.

He later called Bush tone-deaf on the issue. "I don't think he had any real concept of the public engagement on that issue," he said.

In Fort Worth, though, Cornyn said Bush was absolutely right to raise the specter of Vietnam when discussing Democrats' calls for a timed withdrawal of troops from Iraq.

If American forces leave prematurely, Cornyn said, the region will plunge into a humanitarian crisis, and unwatched terrorists will plot attacks. "Unless we get the job done, they will follow us here," he said. "And we've got to make sure that never ever happens again. Not another 9/11, not ever."

His Democratic opponents each noted that as young men, Cornyn and Bush didn't serve in Vietnam.

Noriega, a lieutenant colonel in the Texas National Guard, said, "Comparing Vietnam to the Middle East is like comparing apples to wheat; they are not in the same food group. Differences include geography, terrain, cultures, religion, technology, history of region, just to name a few. This is just another example of the unfortunate circumstance we face when we have leaders who have not walked the walk."

Watts said, "I don't think there is a plan for victory in Iraq. ... We have to stay in the region, but I don't think we should be standing around on street corners getting shot at while we observe someone else's civil war."

On the domestic front, Cornyn charged Democrats with planning not to extend tax cuts enacted at Bush's request starting in 2001. Barring congressional action, cuts of income, capital gains, dividends and other taxes will expire in 2011.

On Capitol Hill, the cuts are rated either Bush's keystone domestic achievement or a gift to the nation's wealthiest residents.

The nonpartisan Congressional Budget Office estimates that extending the tax cuts would cost the government more than $1.8 trillion through 2017.

Tax-cut advocates say such money rightly belongs to taxpayers.

Cornyn's take: Democrats will let into law the biggest tax increase in history.

"They're going to do it without a single vote unless we get the majority back," he said. "They're going to do it because the tax relief that we passed under President Bush back in 2003 will expire unless we make it permanent. And we have to get the majority back and keep taxes low and keep America growing."

Watts said he would review each tax cut one by one but opposes extending cuts for the wealthy as long as government runs a deficit.

Noriega called it "blatantly false" to forecast all the cuts vanishing.

Nationally, 52 percent of voters favored making the tax cuts permanent in a poll conducted this year by Moore Information, an Oregon-based research firm. Thirty-eight percent preferred to let the cuts expire, and 10 percent had no opinion.

Republicans and a plurality of independents supported making the cuts permanent. A majority of Democrats wished to see them expire.

About half of respondents agreed that the cuts should be extended only for households with annual incomes of less than $150,000. About a third of voters favored making the cuts permanent for everyone.

Jason Furman, an economist and senior fellow with the Brookings Institution, an independent research outfit, testified before the House Ways and Means Committee last week that extending the cuts would widen after-tax income gaps between Americans.

Furman said a best-case U.S. Treasury projection suggests an extremely slight impact on the economy, with extended cuts more likely increasing the national debt and reducing government savings.

An eventual need to repay the cuts, he said, would drive down disposable income as taxpayers see cuts in government programs or bumps in taxes to bankroll the cuts, leaving at least three in four households with lower after-tax incomes.

"There is no free lunch because, ultimately, the government faces a budget constraint," Furman said.

wgselby@statesman.com, 445-3644

Dear Little People and Vendidos, Dr Hector P Garcia,..... would he have accepted the result Tony Morales brought home?

2007-08-30T17:36:00.000-07:00

Brent,

On further thought, it is evident from the result that the negotiating skills of Mr Morales are not his forte. Furthermore, his negotiations with Telemundo resulted in only slight and usurpation of the AGIF Body, the resolution, and the National Civil Rights Director (Joe A Ortiz). Mr Ortiz is an expert negotiator and has produced many favorable outcomes for the causes of the Little People. It is out of personal benefit for Mr Morales to display such inept representation of the Hispanic Community, the American Warrior and the noble causes in which they defend. One suggestion would be to allow Mr Joe A Ortiz to act in the capacity for which he represents. Representation and respect, we expect it.

Dr Hector P Garcia,..... would he have accepted the slice of pie that Tony Morales brought home?

Brent, In reponse to your reply below:

LULAC has in the past done the same thing on other issues like Telemundo and the Border Patrol GAG order, but it figures you would try to toot your horn.

On 8/30/07, Brent Wilkes <BWilkes@lulac.org> wrote:

Jaime,

Apparently you didn't read the entire email from Gayle or you would have noticed the paragraph that reads:

"Of the 14 HACR coalition members only LULAC has spoken out against the "secret agreement" made between Florentine Films, HACR and the AGIF by joining Defend the Honor in their latest news release. See "Defend the Honor news release 8-20-2007" at http://www.defendthehonor.org/ "

Congratulations Brent you get the first Cool Arrow Award.

While LULAC accepts corporate support, we would never sell out our community.

Brent A. Wilkes

National Executive Director

League of United Latin American Citizens

2000 L Street, NW, Suite 610

Washington , DC 20036

www.lulac.org

From: Jaime Kenedeno [mailto:kingalonzoalvarezdepinedaxiii@gmail.com]
Sent: Thursday, August 30, 2007 1:21 AM
To: ggarambula@yahoo.com
Subject: Re: HACR and the AGIF had a conflict of interests

Dear Little People and Vendidos,

We seem to have a problem with the integrity of our associations in Unity. I speak to the leaders of the AGIF, HACR and LULAC. We have encountered this problem when standing up to the Powers That Be. What problem, you might ask if you are one of the Leaders who are afraid to speak up to Corporations and Private entities who sponsor the AGIF, HACR and LULAC. Where are your cajones?

We the Little People see nothing of the Corporate high octane dollars but we see the result in the negotiations. To say anything else, will be insulting the intelligence of the group receiving this email. If the shoe fits. Shall we single you out? I mean the vendidos in receipt of this email, you know who you are. To the rest of us, lets keep on telling the emperor he is naked and lets do things right when we elect leaders next time.

Respectfully,

Kenedeno

From: Gayle Arambula
Subject: Fwd: HACR and the AGIF had a conflict of interests

FYI,

Comments for defend the Honor

29 August 2007

Hola mis amigos,

After a bit of online research I have come up with some data which brings into question whether HACR and the AGIF had a conflict of interests in negotiating with Ken Burns and Florentine Films. This info also suggests that perhaps our history has been "sold out" to corporate interests.

Let me lay the foundation by pointing out that Ken Burns' documentary "The War" has several types of sponsorships. The fist type is public funding which was provided by the National Endowment for the Humanities. The second type is private funding which was provided by Lilly Endowment, Inc. and the Corporation for Public Broadcasting. The third type is corporate sponsorship which was provided by GM General Motors, Budweiser Anheuser-Busch Companies, and Bank of America.

HACR - the Hispanic Association on Corporate Responsibility lists among its "corporate members" GM General Motors, Anheuser-Busch Companies, and Bank of America on its website at http://www.hacr.org/alliance/pageID.58/default.asp

AGIF - the American GI Forum lists as its corporate sponsors GM General Motors and Anheuser-Busch Companies on its website at

http://www.americangiforum.org/

Additionally, HACR's current board of directors (aka coalition members) is comprised of 16 members represented by 14 different Hispanic organizations. Tony Morales, the National Commander is on the HACR Board as the representative of the AGIF. A list of HACR's current board membership can be found at http://www.hacr.org/alliance/ and links to all of its coalition members can be found at http://www.hacr.org/alliance/pageID.24/default.asp

Of the 14 Hispanic organizations represented by HACR, 6 of them list as corporate sponsors at least two of the 3 corporate sponsors of Ken Burns documentary "The War". They are:

(1) United States Hispanic Chamber of Commerce - corporate sponsors GM General Motors, Budweiser Anheuser-Busch Companies, and Bank of America listed at http://www.ushcc.com/mem-partne.html

(2) MENTóR, The National Hispanic Employee Network - corporate sponsor GM General Motors listed at http://www.mentores.org/sponsors.html

(3) Hispanic Association of Colleges and Universities - corporate sponsor GM General Motors listed at http://www.hacu.net/hacu/2007_Partners_EN.asp?SnID=1468511495

(4) Cuban American National Council - corporate sponsors GM General Motors, Budweiser Anheuser-Busch Companies, and Bank of America listed at http://www.cnc.org/about/sponsers.htm

(5) American GI Forum of the United States - corporate sponsors GM General Motors, and Budweiser Anheuser-Busch Companies, listed at http://www.americangiforum.org/

(6) National Council of La Raza - corporate sponsors GM General Motors, and Bank of America, listed at http://www.nclr.org/section/corporate_partners/programmatic_supporters/

and at http://www.nclr.org/section/corporate_partners/institutional_corporate/

Additionally, on its website, Anheuser-Busch lists as its community partners HACR plus the following 7 HACR members: the American GI Forum, ASPIRA, the Congressional Hispanic Caucus Institute, the Cuban American National Council, LULAC, the National Association of Hispanic Publications, the National Puerto Rican Coalition. To get to this site you will have to go to

http://www.latinobud.com/scripts/index.asp and enter your birth date, after that follow the links to "Community Partners". GM General Motors and Bank of America do not list any of the HACR coalition member on their webpage's.

Of the 14 HACR coalition members only LULAC has spoken out against the "secret agreement" made between Florentine Films, HACR and the AGIF by joining Defend the Honor in their latest news release. See "Defend the Honor news release 8-20-2007" at

http://www.defendthehonor.org/ Many other Hispanic organizations are listed on this news release as well.

In addition, HACR, because of its mission, is inherently intertwined with Corporate America and works to "advance the inclusion of Hispanics in Corporate America at levels commensurate with our economic contributions". See HACR's history at http://www.hacr.org/about/ which goes on to state "As Corporate America sets out to create shareholder value, HACR will continue to be at the forefront in supporting corporations that make a commitment, do the work, and produce favorable results relative to total Hispanic inclusion". HACR goes on to state "For HACR and the Hispanic community, a company's reputation and goodwill is based on its ability to promote reciprocity in all areas of the company's business model. To ensure the continued support and patronage of the Hispanic community, a company should strive to employ Hispanics, contract with Hispanic-owned businesses, support Hispanic-serving organizations, and utilize Hispanic talent to lead its operations in roughly the same proportions that Hispanic consumers support the company."

So my questions are ... did HACR and the AGIF make a secret sweetheart deal with Florentine Films in an attempt to protect GM General Motors, Budweiser Anheuser-Busch Companies, and Bank of America's corporate interests and future corporate gifts to HACR coalition membership at the expense of our history? Have Hispanic contributions to America during WWII been trumped by Corporate America? Has our significance been sold out for token leadership, token contracts awarded to minority-owned businesses, and hush money in the guise of "corporate giving " for Hispanic-serving organizations? If you have never read Rodolfo "Corky" Gonzalez's epic poem "I am Joaquin" here is a link. It is as relevant today as it was in 1967. see http://www.latinamericanstudies.org/latinos/joaquin.htm

The next question is this .... were HACR and the AGIF the right groups to enter into "negotiations" in the first place? After reading the joint press release put out by HACR, the AGIF, Florentine Films and "The War" aka Ken Burns it is clear that all parties had agreed that individual stories about Hispanics could "be incorporated in a way consistent with the film's focus on individual experiences and in a way that means nothing in the film that already exists will be changed". So what was accomplished except to agree to place the Hispanic experience at the end and in-between as footnotes and endnotes to a story that is equally ours?

It is obvious that nothing will change at this point, but we can change and we can expect those who provide funding for projects to change. Is there Hispanic representation on the governing and decision-making bodies who provided funding for "The War"? That is National Endowment for the Humanities, Lilly Endowment, Inc., the Corporation for Public Broadcasting,. GM General Motors, Budweiser Anheuser-Busch Companies, and Bank of America? and let's not forget PBS board who has agreed to air "The War"? If there is they either weren't doing their jobs, or they weren't listened to. So in my own humble opinion, what we need to do is demand representation on these bodies. Had Hispanic interests been represented adequately on these bodies to begin with we would not have found ourselves in this ridiculous situation .

Gayle Arambula

San Antonio, Texas

ggarambula@yahoo.com

From: Jess Quintero
This is as good as it gets! Senator Larry Craig says he isn’t gay, then his wife goes to a press conference with him, I wonder if she is a Transsexual!

In Katrina, we know that “Friends of Bush” are some of the companies that are benefiting from the contracts! We also know that some of the construction money designated for the low income is going to the higher income bracket people’s homes. I wonder who’s bed the Governor is sleeping and in which one of the government TRAILERS!

We also know that the DOD is still paying big $$$$ for toilet seats and other miniscule items even after investigations. I wonder whose friends those contractor’s are and if Senator Larry Craig was sitting on one when he was playing footsie in the airport bathroom.

Now comes the exposure of the Senator Hillary Clinton’s campaign people taking shady campaign money that includes the same financial people that Wild Bill had on his campaign. The worst part is the Chinese money ($250,000?) that is being laundered through an American who only makes $45,000 a year!

My point is that we can’t trust our very own people, the white house and politicians!

Jess Quintero
HWVA President

American GI Forum Press Relaease: A new Health Care Center in Harlingen announced today by the Department of Veterans Affairs

2007-08-21T15:41:00.000-07:00

AMERICAN GI FORUM OF THE UNITED STATES

Press Release

FOR IMMEDIATE RELEASE to all media entities and politicos

JUST IN FROM THE AMERICAN GI FORUM NATIONAL CIVIL RIGHTS DIRECTOR (JOE A ORTIZ):

Good morning,

This is good news for all the veterans in south Texas, the clinic is being
expanded to offer more services.

***VA Announces Heath Care Center in Harlingen*

***95 Percent of Drives to San Antonio Eliminated *

WASHINGTON (August 20, 2007) – A new Health Care Center in Harlingen
announced today by the Department of Veterans Affairs (VA) will vastly
improve care to Valley veterans in South Texas, eliminating the vast
majority of trips required by veterans to VA medical facilities in San
Antonio. The plans will provide a new VA health care center on the
campus
of the University of Texas in Harlingen.

The announcement, which came after an independent study on the future
needs of Valley veterans requested by Senator Kay Bailey Hutchison,
included
plans to expand services by VA health care facilities in McAllen and
Corpus
Christi.

"Once completed, the new health care center in Harlingen will
eliminate about 95 percent of the trips our veterans currently have to
make
to San Antonio for medical services," said Bill Feeley, VA's Deputy Under
Secretary of Health for Operations and Management. "This plan will allow
us
to start providing specialty services to Valley area veterans this year,
with even more expansion of services next year."

*The plans call for increasing the current VA health facility space in
Harlingen from 11,700 square feet to nearly 160,000 square feet by 2010.
** The expansion will begin immediately, with space tripling VA's
current space in Harlingen from 11,700 square feet to nearly 35,000
square
feet by December 2007, and then to nearly 56,000 square feet by December
2008. *

When the facility is completed, it will provide a full range of
expanded services in collaboration with the University of Texas Regional
Academic Health Center, including: - Specialty and diagnostic services, such as pharmacy, digital x-rays, CT scans, MRIs and other services; and - Outpatient surgeries, such as cataract removals, diagnostic colonoscopies and prostate biopsies, supported by
outpatient operating rooms.

# # #

To obtain a copy of the independent study of the health care needs of Valley
veterans, please go to this Internet address: *
http://www.va.gov/opa/pressrel/docs/stvcbm.pdf

CONTACT:

Joe A. Ortiz

3718 Mendenhall

Corpus Christi, TX 78415

-------------------------------------

(361) 510-6406 (361) 855-1925

#####

*Press Release Courtesy of Kenedeno & Associates*