Bay Curious - Why Hasn’t the Tenderloin Gentrified Like the Rest of San Francisco?

Tenderloin residents wanted to preserve its affordability. But will they be forced out as improvements come to the neighborhood?


Reported by Kelly O'Mara. Edited By Jessica Placzek. Bay Curious is made by Olivia Allen-Price, Jessica Placzek, Ryan Levi, Paul Lancour, Suzie Racho, Erika Kelly, Amanda Font, and Julia McEvoy. Holly Kernan is Vice President for News. Theme music by Pat Mesiti-Miller. Ask us a question at BayCurious.org. Follow Olivia Allen-Price on Twitter @oallenprice.

The NewsWorthy - Hush Money Repaid, Cambridge Analytica & Being Serena (+ Bonus Interview with Libby Bush) – Thursday, May 3rd, 2018

All the news to know for Thursday, May 3rd, 2018! 

Today, we're talking about President Trump repaying 'hush money' to his lawyer and the controversial data firm that says it's forced to shut down.

Plus: another Southwest Airlines cracked window, Boy Scouts is changing its name and more Amazon Prime perks.

All that and much more in less than 10 minutes!

Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you. 

 Then, hang out after the news for the bonus Three Question Thursday interview. This week we're hearing from Libby Bush. She's the founder and CEO of Tandem Entertainment, which specializes in strategic and creatively led partnerships for media companies & celebrity clients like Walt Disney Studios, Ryan Seacrest, STX Entertainment, Funny or Die and Rachel Zoe, to name a few.

For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.

The Gist - Gen. Michael Hayden

On today’s Gist, a fond farewell to Ty Cobb.

Gen. Michael Hayden was running the National Security Agency and then the CIA, he couldn’t talk about our national security risks. If he could have, most people would have listened to him. But things are different now. Hayden talks about the decline of fact-based arguments, the Iran nuclear deal, and the future of privacy. His latest book is The Assault on Intelligence: American National Security in an Age of Lies

In the Spiel, Kanye West knows he has flaws. He just can’t learn from them.  

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The NewsWorthy - States Sue, CDC Warning & Facebook Dating – Wednesday, May 2nd, 2018

All the news to know for Wednesday, May 2nd, 2018!

Today, we're talking about several states suing the federal government, how President Trump's former doctor is changing his story and a warning from the CDC.

Plus: a lot of Facebook news, including a new dating feature and new privacy tool.

All that and much more in less than 10 minutes.

Award-winning broadcast journalist and former TV news reporter Erica Mandy breaks it all down for you. 

For links to all the stories referenced in today's episode, visit https://www.theNewsWorthy.com and click Episodes.

The Gist - How We Screwed Over Puerto Rico

On today’s Gist, thick-as-bricks Lego thieves come a-tumbling down.

Hurricane recovery has been a disaster in Puerto Rico. NPR’s Laura Sullivan wanted to know why. So she found documents revealing a FEMA in shambles. She traced Puerto Rico’s economic troubles back to a 1996 tax vote. And she explains how the island’s remaining wealth was wiped out by years of shady municipal debt deals. Sullivan’s report for NPR and Frontline is called “Blackout in Puerto Rico.” You should really watch it. 

In the Spiel, is it spring yet?

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Social Science Bites - Alison Liebling on Successful Prisons

In determining what makes a successful prison, where would you place ‘trust’? Alison Liebling, a criminologist at the University of Cambridge and the director of the Institute of Criminology’s Prisons Research Centre, would place it at the top spot. As she tells interviewer David Edmonds in this Social Science Bites podcast, she believes what makes a prison good is the existence and the practice of trust.

As this recording makes clear, these aren’t starry-eyed recommendations from a novice observer. Liebling has years of going into dozens of individual lockups, and believes that good prisons are possible. “A good prison,” she details, “is one where prisoners feel safe and the environment is not threatening – and therefore they can concentrate on their own personal development.” That environment means inmates are “reasonably decently treated, not worried about getting from A to B, the regime works in a fairly predictable and clear way, and the staff are approachable,” among other things.  

While she has met with ‘why bother?’-type resistance from hard-boiled staff and prisoners surrounding her research, her retort is quick and usually effective: “There isn’t any better method than research for authentically describing this invisible world.”

The best prisons, she says, are the ones that “see prisoners as people first.” This isn’t a prescription to be naïve, and she subscribes to what Onora O’Neill describes as “intelligent trust” in dealing with prisoners. Good corrections officers already intuit the concept, she adds: they are “subtle readers of human behavior ... making fine judgements about gradations of trust.”

For her research, Liebling has adopted “appreciative inquiry,” which she came too almost accidentally while trying to discover a way to describe what works in a prison and how do prisons differ from each other.  (“It wasn’t a research tool, or at least it wasn’t until I corrupted it!” she jokes.) Just as plants follow the sun, appreciative inquiry also follows the heliotropic principle, trying to identify and then support what gives life energy to people or organizations. “So instead of telling me about your offending,” she would ask, “tell me something you’re most proud of.”

Talk about working in the prison environment (“I always felt really at home”), the idea that prisoners themselves my feel vulnerable, how to build trust, and how prison policies have improved over Liebling’s career – and how that improvement has stalled

Liebling has published several books on these topics, such as 1992’s Suicides in Prison, 2004’s Prisons and their Moral Performance: A Study of Values, Quality and Prison Life and The Effects of Imprisonment with Shadd Maruna in 2005, and Legitimacy and Criminal Justice, an edited volume with Justice Tankebe, in 2013.

SCOTUScast - Encino Motorcars v. Navarro – Post-Decision SCOTUScast

On April 2, 2018, the Supreme Court decided Encino Motorcars v. Navarro, a case on its second trip to the high court regarding a dispute over the interpretation of the Fair Labor Standard Act’s overtime-pay requirements and whether it exempts service advisors at car dealerships.
Congress enacted the Fair Labor Standards Act (FLSA) in 1938 to “protect all covered workers from substandard wages and oppressive working hours,” and it requires overtime pay for employees covered under the Act who work more than 40 hours in a given week. The FLSA exempts from this requirement, however, “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchasers….”
Hector Navarro and other service advisors filed suit against their employer Encino Motorcars, alleging that it violated the FLSA by failing to pay them overtime wages. Encino countered that as service advisors, Navarro and the other plaintiffs fell within the FLSA exemption. The district court ruled in favor of Encino, but the U.S. Court of Appeals for the Ninth Circuit reversed, relying upon a 2011 regulation issued by the Department of Labor (DOL) and indicating that service advisors were not covered by the exemption. The Supreme Court, however, thereafter vacated the judgment of the Ninth Circuit, determining that the regulation at issue was procedurally defective and remanded the case for the Ninth Circuit to reconsider without “placing controlling weight” on the DOL regulation. On remand, the Ninth Circuit, using the distributive canon of statutory interpretation, held that the FLSA exemption did not encompass service advisors. The Supreme Court again granted certiorari.
By a vote of 5-4, the Supreme Court reversed the judgment of the Ninth Circuit and remanded the case. In an opinion delivered by Justice Thomas, the Court held that “service advisors are exempt from the overtime-pay requirement of the FLSA because they are ‘salesm[e]n...primarily engaged in...servicing automobiles.’ §213(b)(10)(A)." Justice Thomas’ majority opinion was joined by the Chief Justice and Justices Kennedy, Alito, and Gorsuch. Justice Ginsburg filed a dissenting opinion, which was joined by Justices Breyer, Sotomayor, and Kagan.
To discuss the case, we have Tammy McCutchen, Principal at Littler Mendelson, PC.

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.