Thứ Hai, 1 tháng 1, 2018

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- [Narrator] Allan Bakke never wanted to be famous,

he just wanted to be a doctor.

Little did he know

that his two failed attempts to gain admission

to medical school would lead to a landmark decision

by the United States Supreme Court.

By the time it was over,

his case would forever cement his story

into the national dialog about affirmative action.

At the time of Bakke's application

the University of California, Davis Medical School

had two separate admissions programs,

a general program that handled

most applicants and a special program

for minority and economically disadvantaged students.

White students could theoretically request consideration

under the special program

if they were economically disadvantaged

but no white student had ever been admitted

through the special program.

In each year's incoming class of 100 students,

84 seats were open for applicants

in the general admissions pool

while the remaining 16 were reserved for minority students

through the special admissions program.

Although Bakke's qualifications were impressive

his scores fell shy of securing

one of the 84 seats available

through the general admissions process

and as a white male of average economic means

Bakke wasn't eligible for the special admissions program.

He was denied admission two years in a row.

In both years candidates were accepted

through the special admissions program

with test scores substantially lower than Bakke's.

Bakke filed suit in California trial court

arguing the special admissions process

violated the Equal Protection Clause of the 14th Amendment.

Bakke also cited Title VI of the Civil Rights Act

of 1964 which prohibits racial discrimination

by recipients of federal funding.

The trial court agreed with Bakke

and the Supreme Court of California affirmed.

The United States Supreme Court granted cert

to determine whether public institutions

of higher education may use race

in making admission decisions

consistent with the Equal Protection Clause.

The court held that although universities

can use race to evaluate candidates

under some circumstances,

they can't establish a racial quota system,

just as Powell announced the judgment

of a deeply fractured court.

There was no majority opinion

but four justices agreed with Powell

that the university's special admissions program

had discriminated against Bakke.

Powell explained that racial classifications

are inherently suspect

and require application of strict scrutiny.

To survive strict scrutiny,

the racial classification must further

a compelling state interest

and its use must be the least restrictive means available

to achieve that interest.

The university contended that its special admissions program

served compelling interests in remedying past discrimination

facilitating health services and underserved areas

and increasing academic diversity.

First, Powell determined that remedying past discrimination

by society at large wasn't a compelling interest

because the university itself hadn't engaged

in any discrimination.

Next, Powell acknowledged

that promoting health services

in underprivileged areas

might be a compelling interest

but the university failed to establish

that the special admissions program

was actually geared towards accomplishing that purpose.

Finally, Powell agreed that increasing academic diversity

presented a compelling interest,

however, he determined that the special admissions program

wasn't the least restrictive means

to further that interest.

Powell reasoned that there's more to diversity

than skin color and rejected the university's use

of a racial quota system as quote

discrimination for its own sake unquote.

The court thus held the university's admissions program

to be unconstitutional

and affirmed the California Supreme Court's judgment.

Justice Brennan concurring in part

and dissenting in part

would have upheld the upheld admissions program.

In his view, programs that use racial classifications

to remedy past discrimination

serve a compelling state interest

and are thus constitutional.

Justice Marshal also wrote separately

to emphasize his view

that the Equal Protection Clause permits the use

of racial classifications to remedy past discrimination.

Justice Blackman's opinion expressed his belief

that the judiciary was ill-equipped

to judge the wisdom of admissions programs.

He also noted that race must be taken into account

in order to combat racism.

Finally, Justice Stevens concurred in part

and dissented in part.

He wrote that the special admissions program

violated the plain language of Title VI

of the Civil Rights Act of 1964

by excluding Bakke from an institution

that received federal funds.

Because this statutory violation

was sufficient to affirm the judgment below,

Stevens wouldn't have reached the constitutional question.

Bakke was a monumental case on affirmative action

that invalidated the use of racial quota systems.

Due to the fractured nature of the court's ruling

many relevant questions remained unsettled for decades

until they were answered in another landmark decision

nearly a quarter century later

in Grutter versus Bollinger.

For more infomation >> Regents of University of California v. Bakke | quimbee.com - Duration: 5:14.

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California pot shops prepare for their first day of legal recreational marijuana sales - Duration: 15:33.

California pot shops prepare for their first day of legal recreational marijuana sales

By ANGEL JENNINGS and SARAH PARVINI. Pot dispensaries in Southern California were scrambling Sunday to prepare for their first day of legal recreational marijuana sales, with a historic state law permitting such businesses set to take effect New Years Day.

We just got our state license on Saturday … so immediately there was extra energy in everyones step, said Robert Taft Jr., founder of the medical marijuana dispensary 420 Central in Santa Ana. Being part of history is an amazing thing..

Taft said he brought in five new cash registers and hired six additional budtenders in preparation for the new law. He also doubled his inventory and consulted with his attorneys daily to ensure his store was in full compliance.

In addition, Taft has increased the stores security, adding 24-hour armed guards. Selling recreational marijuana is an all-cash business.

The state has issued dozens of permits for retailers to begin recreational sales this week, expanding a market that is expected to grow to $7 billion annually by 2020 in California.

Several of those retailers are in West Hollywood, but they wont open until Tuesday at the citys request.

That makes Santa Anas licensed stores the closest option for Angelenos who want to buy recreational marijuana on New Years Day, unless buyers are willing to trek to San Diego or the Palm Springs area. This is a special moment, Taft said.

To sell cannabis commercially in January — for recreational or medical use — marijuana businesses must have local approval and a state license. Existing medical marijuana dispensaries have been given first priority for recreational sales.

The city of Los Angeles has yet to start issuing local licenses to pot shops, which stirred unease among some existing medical marijuana dispensaries that have been following city rules.

Until recently, Jerred Kiloh feared he would have to temporarily close his Sherman Oaks dispensary to avoid breaking state law.

Kiloh, president of the United Cannabis Business Assn., now says his dispensary will be able to continue providing medical marijuana to patients in January by operating as a collective until it has received state and local licenses.

After weighing their legal options, most of the marijuana shops in his group are operating the same way, Kiloh said. As soon as L.A. grants them approval, those marijuana dispensaries will seek state licenses, he added.

For many in the industry, the new law signals a long-awaited shift.

The days of the dime bag are long, long gone, said Daniel Yi, spokesman for MedMen, one of the three West Hollywood shops that will be selling cannabis for recreational use.

Medical marijuana customers at the shop Sunday browsed through lotions, honey and wellness packages infused with cannabis. Some poked at an iPad with a menu showing close-ups of different marijuana buds.

Yi said the new law will make it hard for the country to ignore the impact of cannabis.

This is the most populous state. Weve popularized sushi, he said. I think this is going to move the needle like nothing else when it comes to the national conversation..

Brian Gordon believes the new law will help remove the stigma from a drug that is already widely used. Unfortunately, he said, that progress costs money.

When he went to purchase an ounce of low-grade cannabis from his regular West Hollywood dispensary, he was told that the new law would significantly drive up prices.

State, city and sales taxes will push up the price of the drug by more than a third.

Those who register with the Los Angeles County Department of Health and enroll in the medical marijuana program will be exempted from paying sales taxes, but they will still see a 25% increase.

Gordon, who is between jobs, said the increase will hurt him and other patients who use the drug for medical purposes.

I dont mind paying the extra money if the money is actually being used for good, said Gordon, who uses cannabis to ease his sciatica pain.

At a nearby marijuana shop, a budtender said that patients have expressed shock and anger at the increased cost.

This is not right, he said. He requested anonymity because he feared losing his job for speaking about the issue without the shop owners permission.

The budtender said he would not have voted to legalize recreational marijuana use if he knew the cost would jump so high.

He was worried that additional tax increases would be enacted, and that shop owners will pass on the cost of running a legal marijuana business to customers.

Kenneth Churchill, chief executive of West Coast Cannabis Club in Cathedral City, said he plans on opening two hours early Monday, at 6 a. This is what I got into this business for, he said. This is what I signed up for..

Churchill said he usually expects increased sales in the first few months of the year. But this year, he expects business to double or triple on top of that because of recreational marijuana sales.

Allowing recreational marijuana use will change California for the better, he added, because regulations will ensure that dispensaries are operating safely and selling quality products.

I think regulations will be good for everybody, he said. Having the safety net of not worrying about going to jail is worth the extra tax.. New year brings broad pot legalization to California.

LOS ANGELES (AP) — The arrival of the new year in California brought with it broad legalization of marijuana, a much-anticipated change that comes two decades after the state was the first to allow pot for medical use.

The nation's most populous state joins a growing list of other states, and the nation's capital, where so-called recreational marijuana is permitted even though the federal government continues to classify pot as a controlled substance, like heroin and LSD.

Pot is now legal in California for adults 21 and older, and individuals can grow up to six plants and possess as much as an ounce of the drug.

But finding a retail outlet to buy non-medical pot in California won't be easy, at least initially. Only about 90 businesses received state licenses to open on New Year's Day.

They are concentrated in San Diego, Santa Cruz, the San Francisco Bay Area and the Palm Springs area.

Los Angeles and San Francisco are among the many cities where recreational pot will not be available right away because local regulations were not approved in time to start issuing city licenses needed to get state permits.

Meanwhile, Fresno, Bakersfield and Riverside are among the communities that have adopted laws forbidding recreational marijuana sales. For those who worked for this day, the shift offered joyful relief.

"We're thrilled," said Khalil Moutawakkil, founder of KindPeoples, which grows and sells weed in Santa Cruz.

"We can talk about the good, the bad and the ugly of the specific regulations, but at the end of the day it's a giant step forward, and we'll have to work out the kinks as we go.".

The state banned "loco-weed" in 1913, according to a history by the National Organization for the Reform of Marijuana Laws, the pot advocacy group known as NORML.

The first attempt to undo that by voter initiative in 1972 failed, but three years later felony possession of less than an ounce was downgraded to a misdemeanor.

In 1996, over the objections of law enforcement, President Clinton's drug czar and three former presidents, California voters approved marijuana for medicinal purposes.

Twenty years later, voters approved legal recreational use and gave the state a year to write regulations for a legal market that would open in 2018.

Today, 29 states have adopted medical marijuana laws. In 2012, Colorado and Washington became the first states to legalize recreational marijuana. Since then, five more states have passed recreational marijuana laws, including Massachusetts, where retail sales are scheduled to begin in July.

Even with other states as models, the next year is expected to be a bumpy one in California as more shops open and more stringent regulations take effect on the strains known as Sweet Skunk, Trainwreck and Russian Assassin.

The California Police Chiefs Association, which opposed the 2016 ballot measure, remains concerned about stoned drivers, the risk to young people and the cost of policing the new rules in addition to an existing black market.

"There's going to be a public-health cost and a public-safety cost enforcing these new laws and regulations," said Jonathan Feldman, a legislative advocate for the chiefs. "It remains to be seen if this can balance itself out.".

At first, pot shops will be able to sell marijuana harvested without full regulatory controls. But eventually, the state will require extensive testing for potency, pesticides and other contaminants.

A program to track all pot from seed to sale will be phased in, along with other protections such as childproof containers.

Jamie Garzot, founder of the 530 Cannabis shop in Northern California's Shasta Lake, said she's concerned that when the current crop dries up, there will be a shortage of marijuana that meets state regulations.

Her outlet happens to be close to some of California's most productive marijuana-growing areas, but most of the surrounding counties will not allow cultivation that could supply her.

"Playing in the gray market is not an option," Garzot said. "California produces more cannabis than any state in the nation, but going forward, if it's not from a state-licensed source, I can't put it on my shelf.

If I choose to do so, I run the risk of losing my license.".

In 2016, the state produced an estimated 13.5 million pounds of pot, and 80 percent was illegally shipped out of state, according to a report prepared for the state by ERA Economics, an environmental and agricultural consulting firm.

Of the remaining 20 percent, only a quarter was sold legally for medicinal purposes. That robust black market is expected to continue to thrive, particularly as taxes and fees raise the cost of retail pot by as much as 70 percent.

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