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Take Two

Meet the candidates for Office Number 11 on the Court, the rift within LGBT groups, implicit bias and the sharing economy

An Uber application is shown as cars drive by in Washington, D.C. on March 25, 2015.
An Uber application is shown as cars drive by in Washington, D.C. on March 25, 2015.
(
Andrew Caballero-Reynolds/AFP/Getty Images
)
Listen 1:35:49
A look at the judicial candidates running for L.A. Superior Court, the rift forming within LGBT organizations, racial discrimination in the sharing economy.
A look at the judicial candidates running for L.A. Superior Court, the rift forming within LGBT organizations, racial discrimination in the sharing economy.

A look at the judicial candidates running for L.A. Superior Court, the rift forming within LGBT organizations, racial discrimination in the sharing economy.

Meet the Judges: Kim Nguyen, candidate for LA Superior Court

Listen 3:52
Meet the Judges: Kim Nguyen, candidate for LA Superior Court

This year, 8 candidates are running for four spots on L.A. Superior Court. The Court serves nearly 10 million people spread out across the county and judges oversee both criminal and civil matters – everything from contract disputes to homicide trials.

Take Two spoke to all eight of the candidates running for the bench. Here are highlights from Kim L. Nguyen, candidate for Office No. 158:

What work do you currently do and why do you do it?



Currently, I serve as a Deputy Attorney General for the state of California. In that capacity, I am a civil litigator for the state. I work on a number of different cases including election law challenges, constitutional law challenges, and a lot of different type of litigation involving the state's general fund. I think it's incredibly interesting work. It gives me the opportunity to go into court very often and it's an opportunity to represent the people of California which is something that I am proud to do. 

What should the public know about who you are outside the courtroom?



One thing I do do during my spare time is, I'm a volunteer attorney for Advancing Justice Los Angeles. That's a pro-bono organization and  I work in the citizenship project which helps legal immigrants become U.S. citizens. It's incredibly rewarding work. I think back to my own parents who came to this country in 1975 as refugees. The day my father became a citizen of this country, I remember being at that ceremony  and seeing him cry - really the work that I do now, helping people become citizens brings everything back, full circle. 

What makes you the best candidate for the office you're running for?



I've been practicing as a lawyer for 16 years now and in those 16 years, I've had the opportunity to work in the public sector and in the private sector to litigate in the trial courts and the appellate courts and to immerse myself in many different areas of the law including; civil law, criminal law, family law, and juvenile dependency law. I also have experience presiding over a courtroom as a pro tem judge. So, in terms of qualification, I believe I am the most qualified candidate.



I also think I'm the best candidate for this job because in many ways, my story is the story of so many Angelenos. My parents are immigrants. They came to this country with literally the clothes on their backs and nothing else. They lived in tents at Camp Pendleton.  My dad's first job in this country was busing tables in a restaurant. My mom sewed bags and bags of garments every single week ... And now here I am, having gone to UCLA and Harvard Law School, and running for judge... I know what it's like to struggle for everything you have and to face odds that seem insurmountable.

In your view, what makes a good judge?



I think a judge needs to be humble. I think a judge needs to understand that he or she doesn't know everything and has the opportunity with every single case, to hear what the parties are saying, to hear what the attorneys are saying, and to learn as much as possible in that case. Second, the judge needs to be hard working. You need to come in prepared every single day having read the briefs, having understood the issues, having researched the issues, and really allowing the litigants and the lawyers to maximize their time in the courtroom with you as prepared as possible. Third, I think a judge needs to be absolutely fair and equitable at all times. Judges have to apply the law to the facts fairly, impartially, and with an eye towards making sure that justice is served. 

This series is a part of our voter game plan, in which we make it easier for you to vote. To read more about the L.A. County Superior Court Judge candidates, and for a digital version of your personalized ballot, visit kpcc.org/votergameplan. (Don't see all of the judicial candidates at that link? They'll be on Take Two now through the election, so check back for more!)

Voting has begun in California. KPCC is here for you and will help you develop your Voter Game Plan. Use our election guide to find your personalized ballot.

Meet the Judges: David Berger, candidate for LA Superior Court

Listen 4:00
Meet the Judges: David Berger, candidate for LA Superior Court

This year, 8 candidates are running for four spots on L.A. Superior Court. The Court serves nearly 10 million people spread out across the county and judges oversee both criminal and civil matters – everything from contract disputes to homicide trials.

Take Two spoke to all eight of the candidates running for the bench. Here are highlights from David Berger, candidate for Office No. 158:

What work do you currently do and why do you do it?



I'm currently a Deputy District Attorney, prosecuting violent crimes. I've been doing that for about 20 years, the last 7 years of which have been spent almost exclusively in Judge Fox's court. He's the judge that is retiring and I'm running to replace him. When I first started out in law, I wasn't quite sure what I wanted to do but I knew I wanted to be in the courtroom.  People told me that the best way to get trial experience is with the District Attorney's Office so I started there thinking I'll have a couple of years with them and then move on but honestly, I fell in love with the job. There's a tremendous sense of camaraderie. Our mission to seek justice. This is very rewarding and I've been there ever since. 

What do you find the most interesting part of your day?



Probably one of the most interesting part of the day is in the courtroom first thing when all the attorneys are gathering before the judge takes the bench and we have a general discussion, one-on-one about the cases that are coming up, how we are going to present them and what sort of outcome we would like to achieve. One of the things I try to do as a Deputy D.A. and what I would continue to do as a judge, is to engender a spirit of cooperation where we can try to find common ground and reach settlements. 

How did you first get into the law profession and why were you drawn to this career course?



I was very much influenced by television shows. In England, there was Rumpole of the Bailey who I much aspired to be and in America of course, you had Perry Mason. Those are both individuals who fought for justice for their clients and that's what I felt I wanted to do. I wanted to be a lawyer who would seek justice and obtain justice, and do so honorably and ethically. 

In your view, what makes a good judge?



I think that the most important thing for a judge is that he or she should have read everything in the file, particularly the motions that have been filed and should have some experience of dealing with these issues before. The judge must give the attorneys a chance to state their positions succinctly and clearly and must flesh out any additional details. But it's also important that a judge not become an advocate. A judge must remain neutral and impartial, but must create the environment where cases can be settled, or if they cannot be settled, they can go to trial. I think another thing a judge has to have – and it's very important in today's climate – is a full knowledge of all the various sentencing options that are available to a defendant. If you accept that a person has committed a crime, the important issue now is how to do you deal with it? Do you send them to prison?  Or do you seek alternate sentencing options? ... We've had real success with the alternate sentencing courts and that's something I hope to continue to do. 

What should the public know about who you are outside the courtroom?



One of the things I have often admired about Judge Fox was the way that he would treat people with respect and dignity even if they were accused of terrible crimes and I often wondered why he did that, even after they'd been convicted. And he said to me, the people who are in this courtroom are already in a bad place. No one is happy to be here on either side. And there is nothing to be gained by making people feel bad by treating them in a bad way. Treat people with respect. That's what I do in my everyday life and that's what I would do if I were elected judge of the Superior Court. 

This series is a part of our voter game plan, in which we make it easier for you to vote. To read more about the L.A. County Superior Court Judge candidates, and for a digital version of your personalized ballot, visit kpcc.org/votergameplan. (Don't see all of the judicial candidates at that link? They'll be on Take Two now through the election, so check back for more!)

Voting has begun in California. KPCC is here for you and will help you develop your Voter Game Plan. Use our election guide to find your personalized ballot.

ACLU sues to make ballot selfies legal in time for Election Day

Listen 9:27
ACLU sues to make ballot selfies legal in time for Election Day

Next Tuesday, a lot of people will be sporting those "I Voted" stickers. And some may snap a selfie in the voting booth to share on social media.

But if you do that in California, you'll be breaking the law.

That's unless the ACLU gets its way.

The rights organization is suing Secretary of State Alex Padilla, hoping to get the ban on ballot selfies lifted in time for Election Day.

Back in September, Governor Jerry Brown signed a law legalizing ballot selfies, but it won't take effect until January 1, 2017.

While the ban on ballot selfies in California has never actually been enforced, the law is technically still in effect. The ACLU filed its suit "over concerns about the chilling effect the confusion will have on voters’ speech."

, law professor at Loyola Law School, joined Take Two to discuss the arguments for and against ballot selfies.

To hear the full interview, click the blue player above.

Sports: our preview of tonight's decisive World Series game

Listen 10:17
Sports: our preview of tonight's decisive World Series game

The Chicago Cubs have pushed the World Series to the brink with a crucial Game 7 against the Cleveland Indians. Can the Cubs break an century-long drought or will the Indians join LeBron James in bringing a coveted championship to their city?

We're joined by Andy and Brian Kamanetzky.

Going Flat: OptING out of reconstructive surgery following a mastectomy

Listen 12:55
Going Flat: OptING out of reconstructive surgery following a mastectomy

There's a video that's been circulating on social media over the past few weeks.

It features survivors of breast cancer. 

In the video, we see and hear from women who have opted not to have reconstructive surgery following a mastectomy. 

Their slogan? Having breasts is a choice, not a requirement. 

New York Times health reporter Roni Rabin saw this video and decided to look into this new movement of women who have a term for their decision - they call it "Going Flat".

http://www.nytimes.com/2016/11/01/well/live/going-flat-after-breast-cancer.html

Also on the panel to discuss reconstructive surgeries is Catherine Dang, a breast surgeon at Cedar's Sinai hospital in Los Angeles.

Interview highlight:

The typical approach after a mastectomy:



Dang: most patients after having a mastectomy, we usually refer them to a reconstructive plastic surgeon because it is covered by health insurance in the state of California. And we give them the option of whether to have a reconstruction or not. In this city, the majority of them do opt for reconstructive surgery. But some of them don't, as well. There are generally two types of reconstructive surgery. You can have implants, or you can have a autologous tissue transfer, where the doctor take fat and skin from the patients abdominal area or back muscles and transfer to the breast area to restore volume.

Reasons women decide to "go flat"



Rabin: there are two types of women and one of each is featured on the video (above). One woman considers herself more of a natural person. She doesn't want a lot of medical intervention; she tries to eat organic; she dresses simply. She just does not want something manmade in her body after getting cancer. She does not want more treatment. And reconstructive surgery is a series of protracted treatment, it's not a one-time thing. There was another woman in the video that came to this conclusion through a very different way. She went through an extensive period to get her implants, but after multiple cases of infection, she took the implants out. When she was offered the autologous option, she said it made her 'feel like a quilt - patched on from here to there.' 

On the pressure of getting reconstructive surgery



Rabin: It is the standard of care, and when you get breast cancer, that is offered as standard of care. Women do feel the pressure, because whenever you do something that's a little unconventional in medicine, there is a little bit of pressure. Physicians believe this improves the quality of life, but there is a research that there's no impact on the quality of life. 



Dang: I don't think there's a medical argument that women need reconstructive surgery to have quality of life. You do have a choice as a woman. Patients are happy on either side of the spectrum - having had reconstruction and not having had reconstruction. 

  • Roni Robin is a  New York Times health reporter. She tweets @
    .
  • Catherine Dang is a breast surgeon at Ceder's Sinai hospital in Los Angeles. 

Click on the blue media player above to hear the full interview. 

LGBT groups are split on protections for trans people in bathrooms

Listen 7:33
LGBT groups are split on protections for trans people in bathrooms

States like North Carolina were mired in controversy when lawmakers passed bills restricting transgender people to only use public restrooms that matched the gender they were born with, not the one they identify as.

But surprisingly, the fight over bathrooms also caused a rift within an unexpected coalition – LGBT organizations.

These groups are now working to pass laws in states that would protect LGBT people from discrimination. But should those bills also allow trans people to use their choice of bathrooms, too?

On one side are organizations like the ACLU and the Human Rights Campaign who say those proposed laws must include that protection.

But on the other are groups like the National Center for Transgender Equality and Freedom for All Americans who have seen that the bathroom issue can be incredibly contentious.

They believe it would be a poison pill to add restroom protections to anti-discrimination bills.

If that issue were off the table, they argue, then it would be easier for state lawmakers to pass laws that still protect LGBT people in the workplace, in housing and more.

"This is really a disagreement about the top agenda item among LGBT politics," says Buzzfeed reporter Dominic Holden, "which is really a fallout over the future of the LGBT movement."

He adds, "People feel a lot of anger and are worried that a compromise – even on public accommodations – could open up a bigger rift that might lead to even larger compromises that leave trans people behind."

Correction: A previous version of this story erroneously gave the impression that the bills currently at issue are ones that would restrict transgender people's access to public accommodations like bathrooms. The debate is over proposed laws that would prevent discrimination against LGBT people. We regret the error.

Combatting racial bias in the sharing economy

Listen 9:31
Combatting racial bias in the sharing economy

Earlier this year, the hashtag #AirbnbWhileBlack exposed hidden biases in the world of short term rentals. 

Prospective black renters who used the booking site found their requests to stay were frequently denied. A later study revealed it was no coincidence. 

Now, new data from the National Bureau of Economic Research shows that similar problems persist on ridesharing platforms like Uber and Lyft. Black researchers found that they waited much longer for rides; travelers with "black-sounding" names faced cancellation rates three times the average. 

The online sharing economy has few regulations when it comes to how service providers are allowed to operate. 

So what is the sharing economy to do when everyday prejudices play out in a digital marketplace? 

For answers, Take Two spoke to Arun Sundararajan, professor of business at New York University and author of the book "The Sharing Economy."

Press the blue play button above to hear the full interview. 

Los Jornaleros Del Norte use music to tell the stories of day laborers

Listen 12:54
Los Jornaleros Del Norte use music to tell the stories of day laborers

Back in the summer of 2001, representatives from twelve worker's rights organizations from across the country met in Northridge. Their goal? To work together to improve the lives of day laborers in the U.S.

That meeting marked the beginning of a group called the National Day Laborer Organizing Network, or NDLON. These days there are 36 chapters across the country, which organize rallies and sponsor political activity online to address workers rights.

As it turns out, music is integral to their mission and that's why they started a house band called Los Jornaleros Del Norte, or The Day Laborers of the North, who just released their first album Chant Down The Walls.

The goal of the music, band leader Omar Leon said, is to raise awareness of the rights, struggles and lives of day laborers.

The songs are also inspired by personal experiences. Take for instance Serenata A Un Indocumentado. Leon explained that it was born after a rally outside of the Los Angeles Metropolitan Detention Center.



One day after a rally I saw a family, a woman and two small children, they were holding a sign. The sign said, 'We love you. We miss you very much.' They were holding some balloons that say 'Happy Birthday.'



When I told them what was going on they told me that there's a certain period when the prisoners walk to a certain area and they are able to see us. They let them look through the windows for a little bit and that's why we come here.



And the lady told me that her husband got arrested because he was driving without a license. He was coming back from work and they pulled him over. I think something was wrong with one of the lights. And when they realized that he didn't have a drivers license, he got arrested. And of course I was sad, angry, and I went home and wrote this song.

Leon recently spoke with Alex Cohen alongside USC's Josh Kun. To hear the entire conversation click on the audio link embedded at the top of this post.

The two of them will be appearing onstage on November 3, at the Theater at the Ace Hotel in downtown Los Angeles as part of a show called Pop Up Magazine.

Styled Side: 'Tis the season to start thinking about holiday sales

Listen 6:03
Styled Side: 'Tis the season to start thinking about holiday sales

Sure, you haven't put away your Halloween decorations yet, and Thanksgiving is still weeks away. But this is 21st century America - the holiday madness has already begun, and minds have turned to shopping and all the deals to be had. 

Take Two's Styled Side contributor Michelle Dalton Tyree, and editor of the style site Fashion Trends Daily, says things are looking pretty cheery. 

The retail sales forecast

  •  The National Retail Federation has predicted more sunshine when it comes to spending this holiday
  • Holiday spending is expected to increase 3.6 percent to $655.8 Billion up, higher than the 10-year average of 2.5 percent
  •  Consumers plan to spend an average of about $936 dollars this holiday shopping season

When the shopping REALLY begins

  • The National Retail Federation says it's really off to the races after the election
  • That's according NRF President Matthew Shay who says that "retailers should prepare for a rush of consumers in the weeks following the presidential election as they get more economic and political certainty."

Shopping for yours truly 

  • There ARE a lot of early birds this year checking off that list, with 41 percent of consumers saying they were saying that actually started October or even earlier
  •  Fifty-eight percent of consumers plan to buy for themselves, spending an average of $139.61, up 4 percent from last year's $133.74 and marking the second-highest level of personal spending in the survey's 13-year history.
  • Susan Vance, director of marketing for the Beverly Center shopping mall, said it's always been that way and that because the center really caters to the fashion maven & entertainment industry in LA, they do have a lot of "self purchasers," which is people going to holidays parties and events and buying for that. She said do buy gifts for company and personal towards the end of the season.

Retail enticements and a "curated" selection 

  •  Meredith Kaplan the owner of Gratus, a designer boutique in Beverly Hills that carries everything from denim to designer collections from Marni and Nina Ricci and she said that the name of the game is highly personalized customer service coupled with a "highly curated" collection 
  • Curated is that buzzword we're hearing a lot when designers and retailers want to explain that their offerings are the antithesis of mass market/fast fashion
  • Social media is key for smaller stores such as Gratus as well: They post on Instagram and send out emails 
  • Events are also key: They have holiday trunk shows planned with LA designers Juan Carlos Obando and Peter Cohen

Shopping Centers

  • Susan Vance of Beverly Center said that even for retailers such as Bev Center, it's about what they call the "customer journey".. meaning amenities & extras
  • Beverly Center is offering free self parking on Black Friday and also on Dec 15
  • For the first time, they've also brought in LA artists to do large-scale interior and exterior artwork as a way to create a little color during construction that is currently ongoing 

The price factor this season 

  • The top three shopping destinations for customers according to the NRF are department stores, online shops and discount stores, according to the NRF. And all are evenly split in terms of where customers say they will shop this season.
  •  Interestingly, Millennials are leading the charge for good deals - younger shoppers are really looking forward to Black Friday Both for deals AND the experience, and they are waiting to shop later for better deals
  • Christine Moon, buyer for Bev Hills boutique Gratus, said that despite carrying designer collections they are still incredibly mindful of prices both for the customer and their own inventory - their prices range from a $75 T-shirt to a $2,500 gown.