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Monday
June 25, 2007
Herring Cove Bears
This Herring Cove cub stands up to take a look over its mother
bear as another bear approached (not shown). The mother bear
then stood and chased the approaching bear away.
Front Page Photo by Jim Lewis
Alaska: U.S.
Supreme Court Issues Decision on "Bong Hits 4 Jesus"
case - The U.S. Supreme Court has issued its opinion
in the closely- watched First Amendment student speech case of
Morse v. Frederick, often referred to as the "Bong Hits
4 Jesus" case.
Kirkland & Ellis LLP represented
the Juneau School Board (Alaska) and former Juneau- Douglas High
School (JDHS) Principal Deborah Morse on a pro bono basis. Kirkland
asked the High Court to overturn a ruling by the Ninth Circuit
Court of Appeals, which held that suspension of a student for
displaying a 14-foot banner containing a pro-marijuana reference
at a school sponsored and supervised event on and adjacent to
school grounds while school was in session violated the First
Amendment and rendered the principal personally liable for enforcing
the school board's policy prohibiting such displays.
In a majority decision written
by Chief Justice John G. Roberts, Jr., and joined in full by
Justices Scalia, Kennedy, Thomas, and Alito, the Supreme Court
ruled that students don't have the right to promote pro-drug
messages at school-sponsored and faculty-supervised events. Justice
Breyer concurred in the judgment in part. The Court also unanimously
rejected Frederick's damages claim against Principal Morse.
Ken Starr, who is Of Counsel
in Kirkland's Los Angeles office, along with Los Angeles Kirkland
partner Rick Richmond, served as counsel for the petitioners.
(Former partner Eric Hagen also played an important role in the
case.)
"This case raised an issue
of vital importance to every school principal and administrator
in the country and we are very pleased with the Supreme Court's
opinion," Mr. Starr said.
The case has major implications
for public school districts nationwide. Administrators now have
a clear view on whether the First Amendment allows public schools
to prohibit students from displaying messages promoting the use
of illegal substances. School policies prohibiting such expression
are commonplace in almost all public schools across the nation.
- More...
Monday - June 25, 2007
Alaska:
Alaska Reps appointed to Washington committee to work on container
tax issue - Representatives Bill Thomas (R-Haines) and Beth
Kerttula (D-Juneau) have been appointed to a Washington State
committee to study the imposition of container fees which could
have far-reaching economic impact on Alaska.
The Washington Joint Transportation Committee will evaluate the
imposition of a fee on the processing of shipping containers,
port-related user fees, and other funding mechanisms to improve
freight corridors. Senate Bill 5207, introduced by Sen. Mary
Margaret Haugen originally imposed a fee on freight containers
being processed in Washington but was later changed to studying
the issue.
During the 2007 regular session Thomas sponsored House Joint
Resolution 8 opposing the enactment of the original version SB5207,
and informing Washington State of the negative impacts a container
fee would have on Alaska. Also during the regular session, Kerttula
contacted Haugen by telephone and suggested Washington and Alaska
work together to solve Washington's freight congestion problems.
"I believe there are solutions out there that can benefit
everyone," Kerttula said. "Cooperation always produces
better results than conflict. Senator Haugen introduced her bill
as a way to draw attention to the problem, and I'm glad that
we've been invited to be part of the solution." - More...
Monday - June 25, 2007
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Southeast Alaska: Cruise and Fishing Vessels Collide - The Coast Guard is investigating the
cause of a vessel collision between the cruise vessel Spirit
of Yorktown and the fishing vessel Adirondack. The collision
occurred at about 1:00 a.m. today in Chatham Strait on the southeastern
end of Catherine Island in Southeast Alaska. No injuries were
reported.
The Coast Guard Command
Center in Juneau received a notification from the Spirit of Yorktown
that the collision had occurred shortly after the event. They
reported no injuries and that they were dispatching a small boat
to the fishing vessel to see if the crew of the Adirondack required
assistance.
The collision did not damage
the cruise vessel but did damage the fishing vessel leaving them
unable to maneuver. The Good Samaritan vessel Guardian took the
Adirondack in tow to Sitka. The Coast Guard has maintained a
two hour communications schedule with the vessel and no further
assistance has been required. The vessel is due into Sitka this
afternoon.
Upon arrival in Sitka the Coast
Guard will inspect the Adirondack and take crew accounts of the
incident. The Spirit of Yorktown is due into Petersburg Tuesday
at 1:00 p.m. The vessel will undergo the same inspection and
crew's accounts will be taken by Coast Guard personnel. - More...
Monday - June 25, 2007
Alaska: Governor
signs highway safety bill - Alaska Governor Palin signed
HB 126 on Friday, June 22. The bill, sponsored by Rep. Kyle Johansen
(R-Ketchikan), chairman of the House Transportation Committee,
addresses highway safety and licensing for commercial drivers.
"Updating and improving
our commercial driver's licensing and safety laws will reduce
the number of crashes, injuries, and fatalities involving commercial
motor vehicles on Alaska's roads," Johansen said. "The
state was notified by the federal government it was out of compliance
and facing severe penalties. We reviewed the problem and quickly
passed a bill affecting 5 different chapters of Title 28 to fix
the problems"
The federal law Alaska was
noncompliant with is the Motor Carrier Safety Improvement Act
of 1999 (MCSIA).
Johansen noted that passage
of HB 126 means Alaska will maintain $7 million in federal highway
construction funds in federal fiscal year 2008 and approximately
$14 million a year in succeeding federal fiscal years; nearly
$63 million over a five year period.
"While this bill maintains
Alaska's cut of the federal-aid highway funds, the real accomplishment
is safer roads," Johansen continued. "Commercial driver
safety is vital to all Alaskans."
MCSIA requires more vehicle
and operator inspections, stronger enforcement measures against
violators, and effective commercial driver's license testing
and record keeping efforts. - More....
Monday - June 25, 2007
|
Southeast Alaska: Forest
Service Cracks Down on Cabin Vandalism - Three cases of vandalism
to US Forest Service cabins on Prince of Wales Island have been
reported in the past 8 months. Two of these reports have resulted
in a conviction and citations.
In October 2006, Staney Creek
cabin was vandalized resulting in nearly two thousand dollars
worth of damages. According to the Forest Service, the perpetrator
pled guilty to criminal mischief, furnishing alcohol to a minor,
and driving under the influence and was sentenced by the court
in May 2007. Under the terms of the sentencing, he will serve
50 days in jail, pay $1,906.87 restitution to the Forest Service,
and serve three years probation, during which he is prohibited
from consuming alcohol and from using Forest Service cabins.
Several other individuals present at the time of vandalism admitted
to using the cabin without authorization and consuming alcohol.
These individuals were issued citations.
A second cabin vandalism case
at Control Lake cabin also resulted in citations. On March 16,
2007, six individuals were cited for failure to pay cabin use
fee, failure to dispose of all garbage by removal from the site,
and damaging government property at the Control Lake cabin. -
More...
Monday - June 25, 2007
Alaska: Native
seed money produces growth in Alaska By ALEX deMARBAN - Six
years ago, John Oscar created dance fans and driftwood masks
in the only space he could find -- an arctic entryway in Mekoryuk,
Alaska -- bundled against the cold in snow pants, insulated boots
and a thick jacket.
Now he's created a virtual
micro-industry in the Western Alaska village, with seven artists
working for him in a heated studio. Mekoryuk's unemployment rate
is 20 percent -- more than four times the national average. The
$10-$15 an hour many employees earn goes a long way, he said.
"Even $100 is a lot,"
he said. "They pay account bills in stores, maybe buy fuel
for heating and maybe give $20 for Mom or Dad. It just spreads
around, and that's what's desperately needed in rural Alaska."
Key to his business success,
Oscar says, is an Alaska Federation of Natives contest designed
to improve the economy in rural Alaska, where lack of roads to
urban areas, high prices and few customers push poverty and unemployment
rates among the nation's highest.
The Alaska Marketplace competition,
modeled after a World Bank program, sprinkled $500,000 across
the state in its first year last spring. The money went to would-be
entrepreneurs who wanted to create jobs while preserving cultural
traditions.
Twenty-two Alaskans -- out
of 156 applicants -- each pocketed $50,000 or less to launch
ventures such as caribou migration tours, a sport sled manufacturing
operation, and skin-care businesses using glacial silt or tundra
berries. - More...
Monday - June 25, 2007
|
Copper Rock Fish
Diver Mary Kurth and a copper rockfish admire each
other at Mt. Point.
Front Page Photo by Mike Kurth
|
Fish Factor: Seafood
industry insiders predict a bright future By LAINE WELCH
- Increasing worldwide demand combined with higher seafood prices
has boosted the bottom line of major suppliers. Industry insiders
predict a bright future, saying seafood companies are more efficient,
better capitalized and more liquid than five to 10 years ago.
According to SeaFood Business'
annual list of North America's Top 25, major U.S. companies reeled
in nearly $12.6 billion in 2006, up about $1.3 billion from the
previous year. Trident Seafoods and Oregon-based Pacific Seafood
Group were the leaders in the $33 billion total U.S. wholesale
seafood business.
Only one food conglomerate,
Del Monte (owner of StarKist) remained on the Top 25 list, compared
to five food giants five years ago - ConAgra, H.J. Heinz, Unilever,
George Weston Ltd. and Aurora Foods (now Pinnacle Foods Group).
"The private, family-run
businesses that have dominated the seafood industry for decades
are thriving, while the food conglomerates that jumped into the
business years ago have bailed out," SeaFood Business said.
"Most of the successful
players have strong access to the resource, and it's been a long
road for them to get to that point," said industry consultant
Scott Etzel. "Seafood doesn't lend itself well to a neat,
tidy balance sheet. It isn't easy to predict."
Higher seafood prices added
to the seafood companies' financial success, notably Pacific
halibut and king salmon. Tight supplies of European whitefish
have increased demand for Alaska pollock and cod. A depreciating
dollar value also made it less expensive for Europeans to buy
U.S. seafood, Etzel said. - More....
Monday - June 25, 2007
|
Columns - Commentary
Dave
Kiffer: Beware:
Dangerous Curves Ahead! - Marriage is an interesting
institution.
And I mean that in the Chinese
way of "cursing" someone by saying "may you live
in interesting times."
We had a perfect example of
just how "interesting" recently out on North Tongass.
A few days ago, there was a
traffic accident involving a single motorcycle near the Ward
Cove Bridge.
I will quote directly from
the Alaska troopers police report.
"On 06-21-2007 AST along
with the North Tongass Fire Department responded to a report
of a single vehicle motorcycle collision near the Ward Cove bridge.
Investigation at the scene showed a 57 year old Canadian resident
lost control of the 2005 Harley Davidson he was operating while
negotiating the curve. He was traveling north bound and was carrying
his wife as a passenger. According to the driver, he could not
get the motorcycle to respond while cornering due to his wife
leaning in the wrong direction. The motorcycle left the roadway
on the north bound side and traveled 77 feet along the shoulder
before coming to rest in the ditch. The passenger was transported
to KGH via ambulance with an injured leg and other cuts and bruises.
No citations were issued."
One thing not noted in the
police report was the fact that the couple had reportedly not
ridden a motorcycle together for some 30 years. I guess now we
can see why. - More...
Tuesday AM - June 26, 2007
Jason
Love: Jury
Duty - I always thought jury duty was something you could
politely decline. Like fruitcake.
But recently, being summoned,
I discovered that "jury service is not voluntary but a civic
duty imposed upon all citizens pursuant to civil code section
204."
Desperate, I called my shrink
for a note.
"It's jury duty, Jason.
You can't plea insanity."
Pursuant to civil code section
204, I called the court and requested a one-time postponement,
which the county clerk took personally.
"You're not happy with
the date, Mr. Love? Well, when would this be convenient?"
"How about never. Does
never work for you?" - More...
Tuesday AM - June 26, 2007
Dale
McFeatters: Bong
hits for the First Amendment - In 1969, the Supreme Court
ruled that students do not "shed their constitutional rights
to freedom of speech or expression at the schoolhouse gate."
It was a good ruling with exceptions that allowed school officials
to bar speech that advocated dangerous or illegal conduct or
was substantially disruptive.
The Roberts Supreme Court has
expanded schools' powers to regulate speech in a case in which
the speech in question was described as "cryptic,"
by Chief Justice John Roberts in the majority, and as "nonsense,"
Justice John Paul Stevens dissenting. A more rugged description
would be just stupid.
The phrase was the now infamous
"BONG HiTS 4 JESUS," words now enshrined in First Amendment
lore. It was written on a 14-foot banner that Alaska high-school
student Joseph Frederick unfurled as the Olympic Torch Relay
was coming through Juneau.
Frederick was not on school
property -- he was on a sidewalk opposite his school -- but the
presence of the students along the relay route was school-sponsored
and -supervised. Frederick said he displayed the banner, whose
inscription even he found meaningless, solely to get on television.
- More...
Tuesday AM - June 26, 2007
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