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October  2012

 Celebrating  21 Years  Advocating  For Justice

In This Issue
Feature: Your Power, Your Decision - VOTE!
Event Recap: Attorney Price Honored by NAACP
Case Highlights: The Greatest Voting Rights Case
Community Service: Lawyers Step Up For Election Protection

About Price And Associates

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Attorney Pamela Y. Price founded Price And Associates in June 1991 with a vision to establish a minority- and woman-owned litigation Firm in Oakland, California. In the 21 years since its inception, the Firm has evolved into a premier civil rights practice with a wealth of experience in federal court litigation.

 

For more information, visit our website at  www.pypesq.com.

 

To submit a Potential Client Questionnaire, go to Contact Us.

Your Power. 

Your Decision - 

E !

icon_political

Election Day

Tuesday

November 6, 2012

 

 

VOTE  FOR 

 

 Sheryl Walton

Your # 1 Choice for 

Oakland City Council 

District 7 

 

Check out 

Sheryl's priorities at

www.walton2012.org

 


CAOC_Logo  
November 8-11, 2012 
 
Consumer Attorneys 
Of California 
 
CAOC 51st 
Annual Convention

Keynote:
Kamala Harris
California Attorney General

Pamela Y. Price
Panelist on 
Employment Law Toolbox

Sunday, November 11, 2012
9:00 a.m. - 12:15 p.m.

 

Palace Hotel
2 New Montgomery Street
San Francisco, CA  94105

To register or learn more:

 ---------------------------------
LCCR-logo SF Bay Area
November 14, 2012
 
Lawyers Committee for 
Civil Rights
 
44th Annual Meeting of the Membership 
  

Keynote Speaker:

Hon. Marsha S. Berzon

U.S. Court of Appeals

Ninth Circuit

 
Reception:  5:30-6:00 p.m.
Program: 6:00-7:00 p.m.
 
 
Reed Smith
101 Second Street
Suite 1800
San Francisco, CA  94105

RSVP to:

UPCOMING

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-

"Injustice anywhere 

 is a threat to 

 justice everywhere." 

  
-   Martin Luther King,  Jr.
 
 

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Welcome!

 

Dayton, Ohio - Election Day - 11/4/08
 
poshmichelleobamadress
President Barack Obama and
First Lady Michelle Obama
on Inauguration Day
As I prepare to return to Cincinnati for the fourth time since Dad died, I can hardly believe that it was four (4) years ago that we changed the course of American history.  I remember the excitement and the joy of knowing that victory was in sight.  I met Barack Obama in March 2007, before he was the party's candidate, at a time when you could get a picture with him without paying a fortune.  
 
Having dabbled in politics and been greatly disappointed in politicians at an early age, I came to the party with a great deal of cynicism.  Yet, there I was, in Dayton, Ohio on election night, screaming my head off, partying to Michael Jackson's "Man In the Mirror," reveling in history.  For me, when I decided to go all out as an Obama volunteer, it was not him (that cynicism again), it was Michelle.  
 
The thought of an African-American woman in the White House as First Lady was the deal-clincher.  And so I made phone calls, I made copies, I ran around Dayton and I joyfully greeted my people at the polls.  We were so proud that day!!  

I'm optimistic that November 6, 2012 will also be another day of hope and pride and joy for our country.  Tell everyone you know to really look at the differences between Barack Obama and Mitt Romney.  Forward this newsletter to everyone you know so that they will have the facts.  We made the change, now let's move forward.  

Best wishes,

Pamela 

 

MONTHLY FEATUREMonthlyFeature

Your Power.  Your Decision - VOTE!
 
As we approach another historic election day,  the decision Americans get to make on November 6, 2012 will determine the direction of the country.  One of the questions being asked is to look back and say whether we are "better off" now than we were four (4) years ago.  The answer to that backward-looking question is easy and clear - no one in this country is "better off," unless you are in the 1%, and even some of them have been challenged.  The reasons why we are all not "better off" are well known and came to exist long before President Obama was elected.

So, the very real questions are what has President Obama actually done and if we do not "move forward" with him, what are the possible consequences?  One thing that is striking about the Obama Presidency vs. a possible Romney Presidency is President Obama's record on diversity.  President Obama is the first President who has not appointed a majority of white males for lifetime federal judgeships.  More than 70% of the Obama administration's confirmed judicial nominees during his first two (2) years were not white males.  Judges matter.  Particularly in federal court.  The first question a lawyer practicing in federal court wants to know is who is the assigned judge.  
 
President Obama appointed Justice Sonia Sotomayor, the first Latina on the Supreme Court.  Under his leadership, three (3) women sit on the Supreme Court for the first time in our history.  Of the 98 federal judges appointed by President Obama, 47% have been women, 21% have been African-American and 11% have been Asian.  President Obama has appointed the first openly gay man to a federal judgeship in New York, the first African-American woman to the 6th Circuit U.S. Court of Appeals in Cincinnati, Ohio, doubled the number of sitting Asian-American judges, and nominated the first Native American to a federal judgeship in Oklahoma. 
 
Mitt Romney nominated 2 women and 17 men for judgeships in his first two years as Massachusetts governor.  In 2006, the Women's Bar Association President in Massachusetts said the group was "very concerned over Gov. Romney's failure to appoint women and minorities to judicial positions."  Romney passed over a number of experienced and well-respected women trial lawyers in his first three years in office.  By the end of his term as Governor of Massachusetts, Romney had only appointed 18 women out of the total of 65 judges he appointed.  In 2006, Romney blamed the diverse member Judicial Nominating Committee for failing to bring him "binders full of women" so he replaced them with white men.  (To find out where the "binders full of women" really came from, click this link.)
 
Romney replaced the African-American head of the Judicial Nominating Committee with a member of the far right-wing Federalist Society.  Founded in 1982 by a group of right-wing law students, the Federalist Society is committed to a rollback of civil rights measures, reproductive choice, labor and employment regulations, and environmental protections.  It receives major funding from conservative foundations, including the Koch Brothers.  The Federalist Society's guide to forming and running a chapter of the society says it "creates an informal network of people with shared views which can provide assistance in job placement." For more information on the Federalist Society click this link.

President Obama has also made a number of impressive appointments for his leadership team.  In January 2009, he nominated Hilda Solis for U.S. Secretary of Labor.  A former Congressional representative from Southern California, Secretary Solis has been a tremendous advocate for greater enforcement of workplace laws, regulations, workers' rights and a much stronger role for unions.  In 1996, as the Chair of the California State Senate Labor and Industrial Relations Committee, she lead an initiative to increase our minimum wage.  As a State Senator, she marched in the streets to demand higher wages and benefits for janitorial workers in Los Angeles.  While in Congress, the AFL-CIO rated her as having a 97% pro-labor voting record.  Secretary Solis has been at the heart of the Obama administration's effort to recover from our economy's free-fall in 2008.  Notably, the first bill signed into law by President Obama was the Lilly Ledbetter Fair Pay Act, designed to ensure that women receive "equal pay for equal work."

Gov. Romney initially refused to say whether he would have signed the Lilly Ledbetter Fair Pay Act although his campaign later clarified that he was opposed to it at the time.  His running mate, Congressman Paul Ryan (another conservative maverick ala Sarah Palin) voted against it.  Given the opportunity, Gov. Romney would nominate conservative Supreme Court justices who would likely vote to overturn Roe v. Wade, the Supreme Court ruling that legalized abortion, and wipe out years of gains made in civil rights since the 1960s.  In 2008, Gov. Romney admitted that he was not even familiar with the Violence Against Women Act (VAWA).  

Certainly, critical factors that affect a woman's ability to work and thrive in this country are how many children you have, when you have them and how you take care of them while you go to work.  In 2005, Gov. Romney vetoed a bill that would require hospitals to offer emergency contraception to rape victims.  The Legislature overwhelming voted to override his veto.  His running mate Congressman Paul Ryan is a rabid "pro-lifer" who co-sponsored a bill in Congress to introduce language redefining "forcible rape" in order to limit federal funding on abortions for rape victims.  (For more on Paul Ryan's position on rape, click this link.)  
 
Gov. Romney has also promised his supporters that he will repeal the Affordable Care Act (ACA or "Obamacare") on "day one" if he is elected.  Romney's hostility toward health care for women is well-documented.  Gov. Romney intends to eliminate funding for Planned Parenthood, which provides basic health care for millions of women.  In Massachusetts, Gov. Romney vetoed funding for breast cancer and cervical cancer treatment and prevention three times.  In 2003, Romney vetoed the entire $2.8 million earmark for cervical and breast cancer treatment and cut $6.6 million (a little more than half) from a program to counsel first-time mothers under 21.  The Massachusetts Legislature overrode his veto for cervical/breast cancer benefits (in the State House by 157 to 0).  In 2005, the State House overrode Romney's veto of funding for early breast cancer detection studies by 151 to 0.

Clearly, if Gov. Romney is elected, he will push and roll back years of progress toward a better life for all Americans, particularly for women and minorities.  Gov. Romney has lived a life of privilege as a secure member of the 1%.  His ability to understand the challenges that working women face is non-existent.  Who would you rather move forward with?  There really is only one choice in this election. 

Your Power.  Your Decision - VOTE!

EVENTS  RECAP EventsRecap

Attorney Price Honored at Hayward-South Alameda NAACP Awards Gala

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Attorney Price (center) with co-honorees Dr. Donald Evans (left)
and Rev. Dr. Harold Orr (right)

Through word and song, the Hayward-South Alameda County NAACP celebrated its continuing efforts for the advancement of civil rights at its 34th Annual Gala Awards on October 12, 2012.  Pamela was honored to be recognized by the NAACP for her work for Social Justice, and equally thrilled to be introduced by her mentor, eminent Civil Rights Attorney Howard Moore, Jr.  The NAACP also recognized Linton Johnson, the Chief Strategy Officer for BART, as the Lifetime Membership Award Recipient, Rev. Dr. Harold Orr, Medical Director of the Alameda County Jails, for his commitment to Health, and Superintendent Dr. Donald Evans of the Hayward Unified School District, for his dedication to improving the education of our children.  

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Attorneys Marquis and Pamela Owens at NAACP Awards Gala
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Michael Freund and Rhonda Barovsky at the NAACP Awards Gala
The evening was highlighted by the powerful tenor voice of Mr. Monroe Howard and inspirational words of the honorees themselves.  Consistent throughout were the themes of dedication and courage to stand up for what is right.  Pamela remarked that we each must stand up for what is right, even when we must stand alone.  Attorney Howard Moore, Jr. pointed out that everyone respects a fighter, and we gain respect when we fight for what we believe in.  A special award was given to Freddie Davis, President of the Hayward chapter, for her enthusiasm since her days marching with Rev. Dr. Martin Luther King, Jr., in uniting the community for justice.

 

Price And Associates is pleased to stand with the Hayward NAACP in celebrating our shared commitment to civil rights and social justice.                              

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Royl Roberts of Price And Associates with Bashari George 
at NAACP Awards Gala
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Pamela's mother, Mildred Price (left), with a Gala attendee at NAACP Awards
CASE HIGHLIGHTSCaseHighlights

Smith v Allwright: The Greatest Voting Rights Case


On January 12, 1944, NAACP lawyer Thurgood Marshall argued the landmark case of Smith v. Allwright (321 U.S. 649) in the United States Supreme Court.  
The question before the Court was whether denying Blacks the right to vote in primary elections held by the Democratic party throughout the South violated the Fifteenth Amendment of the Constitution.  The case was brought by Lonnie E. Smith, a black resident of Harris County, Texas, who was denied the right to vote in the 1940 Texas Democratic primary because of his race.  Because the Democratic party had controlled politics in the South since the end of the Civil War, most Southern elections were decided by the outcome of the Democratic Party primary.  The party's rule required all voters to be white.  

On April 3, 1944, the Supreme Court overturned one of its prior decisions from 1935 and found that the restrictions excluding Blacks from voting in the primary elections were unconstitutional.  The Court held that primary elections must be open to voters of all races. Justice Marshall considered Smith v. Allright "his greatest victory," even more significant than Board v. Board of Education.  He noted that this case was "a great milestone in the progress of Negro toward citizenship."  The NAACP's victory in Smith v. Allright was a significant step in the fight against racial segregation leading up to the NAACP's victory ten (10) years later in Brown v. Board of Education.  

 

COMMUNITY SERVICE CommunityService
         Lawyers Volunteering for Election Protection

Across the country, thousands if not millions of lawyers have volunteered to serve for Election Protection.  According to Linda A. Lipsen, the Chief Executive Officer of American Association for Justice (AAJ), Election 2012 is "an all-hands-on-deck situation."   Whether through AAJ's Voter Protection Action Committee or the National Election Protection Program, or the more partisan election committees such as Organizing for America (OFA), lawyers are stepping up to work at polling places to answer questions, monitor the situation and identify issues confronting voters.  Lawyers have volunteered to assist at call centers as "Hotline Volunteers" answering calls from around the country.  Some lawyers have volunteered to work as part of an election protection legal team, ready to file a brief to protect the right to vote. 

Lawyers are uniquely qualified to protect the rights of voters who might otherwise be denied the right to vote.  It is no accident that historically, lawyers have been involved in democratic movements and often are the first targets of anti-democratic forces.  Our livelihood depends on a commitment to the rule of law.  Since the Voting Rights Act was passed in 1965, the rule of law in this country has been that all citizens are entitled to vote.  Our democracy is based on the fundamental principle of one man, one vote.  Groups like "True the Vote" have been working diligently to deny the right to vote to citizens who have legally registered to vote by filing inaccurate voter registration challenges. 

Famed Civil Rights Attorney Howard Moore Jr. points out that "the most essential democratic right is the right to vote because it belongs to every citizen and gives every citizen the power to influence government.  Without protecting the right to vote, any claim to a democratic society is just a pretense."

This is our time to make a difference.  This is our time to shine a positive light on our profession!  No prior experience with election law is required and training for election protection is provided.  We need Election Protection Volunteers to step up!!  Check out  www.866OURVOTE.org (the nation's largest non-partisan voter protection coalition). Everyone is welcome!

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901 Clay Street

Oakland, California 94607

(510) 452-0292

(510) 452-5625 (Fax)

  
"Injustice anywhere is a threat to justice everywhere."
 -- Martin Luther King, Jr.

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