Deasy wants 30% of teacher evaluations based on test scores









L.A. schools Supt. John Deasy announced Friday that as much as 30% of a teacher's evaluation will be based on student test scores, setting off more contention in the nation's second-largest school system in the weeks before a critical Board of Education election.


Leaders of the teachers union have insisted that there should be no fixed percentage or expectation for how much standardized tests should count — and that test results should serve almost entirely as just one measure to improve instruction. Deasy, in contrast, has insisted that test scores should play a significant role in a teacher's evaluation and that poor scores could contribute directly to dismissal.


In a Friday memo explaining the evaluation process, Deasy set 30% as the goal and the maximum for how much test scores and other data should count.





In an interview, he emphasized that the underlying thrust is to develop an evaluation that improves the teaching corps and that data is part of the effort.


"The public has been demanding a better evaluation system for at least a decade. And teachers have repeatedly said to me what they need is a balanced way forward to help them get better and help them be accountable," Deasy said. "We do this for students every day. Now it's time to do this for teachers."


Deasy also reiterated that test scores would not be a "primary or controlling" factor in an evaluation, in keeping with the language of an agreement reached in December between L.A. Unified and its teachers union. Classroom observations and other factors also are part of the evaluation process.


But United Teachers Los Angeles President Warren Fletcher expressed immediate concern about Deasy's move. During negotiations, he said, the superintendent had proposed allotting 30% to test scores but the union rejected the plan. Deasy then pulled the idea off the table, which allowed the two sides to come to an agreement, Fletcher said. Teachers approved the pact last month.


"To see this percentage now being floated again is unacceptable," the union said in a statement.


Fletcher described the pact as allowing flexibility for principals, in collaboration with teachers, first to set individual goals and then to look at various measures to determine student achievement and overall teacher performance.


"The superintendent doesn't get to sign binding agreements and then pretend they're not binding," Fletcher said.


When Deasy settled on 30%, his decision was in line with research findings of the Bill & Melinda Gates Foundation, which has examined teacher quality issues across the country. Some experts have challenged that work.


The test score component would include a rating for the school based on an analysis of all students' standardized test scores. Those "value-added" formulas, known within L.A. Unified as Academic Growth Over Time, can be used to rate a school or a teacher's effectiveness by comparing students' test scores with past performance. The method takes into account such factors as family income and ethnicity.


After an aggressive push by the Obama administration, individual value-added ratings for teachers have been added to reviews in many districts. They make up 40% of evaluations in Washington, D.C., 35% in Tennessee and 30% in Chicago.


But Los Angeles will use a different approach. The district will rely on raw test scores. A teacher's evaluation also may incorporate pass rates on the high school exit exam and graduation, attendance and suspension data.


Deasy's action was met Friday with reactions ranging from guarded to enthusiastic approval within a coalition of outside groups that have pushed for a new evaluation system. This coalition also has sought to counter union influence.


Elise Buik, chief executive of the United Way of Greater Los Angeles, said weighing test scores 30% "is a reasonable number that everyone can be happy with."


The union and the district were under pressure to include student test data in evaluations after L.A. County Superior Court Judge James C. Chalfant ruled last year that the system was violating state law by not using test scores in teacher performance reviews.


A lawsuit to enforce the law was brought by parents in Los Angeles, with support from the Sacramento-based EdVoice advocacy organization.


If the "actual progress" of students is taken into account under Deasy's plan, "it's a historic day for LAUSD," said Bill Lucia, the group's chief executive.


All of this is playing out against the backdrop of the upcoming March 5 election. The campaign for three school board seats has turned substantially into a contest between candidates who strongly back Deasy's policies and those more sympathetic toward the teachers union. Deasy supporters praise the superintendent for measures they say will improve the quality of teaching. The union has faulted Deasy for limiting job protections and said he has imposed unwise or unproven reforms.


In the upcoming election, the union and pro-Deasy forces are matched head to head in District 4, with several employee unions behind incumbent Steve Zimmer and a coalition of donors behind challenger Kate Anderson.


Anderson had high praise for Deasy's directive, saying it struck the right balance and that teachers and students would benefit.


Zimmer said that although he understands that principals need guidance, "I worry about anything that would cause resistance or delay in going forward. I hope this use of a percentage won't disrupt what had been a collaborative process."


howard.blume@latimes.com



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The Quirky World of Competitive Snow Carving Comes to California



The weekend at Northstar ski resort in Truckee, California, is beautiful, sunny, and in the 30s. For eight teams of snow carvers from around the world, though, it’s terrible — the melty snow is sloppy, hard to carve, and even dangerous.

Teams of three from Finland, Japan, Germany, Canada, and the U.S. were selected from more than 40 applicants for the inaugural Carve Tahoe, a five-day competition to hew works of art from 14-foot-high, 20-ton blocks of snow. But despite the bad snow, the teams rely on decades of experience, handcrafted tools, and creative techniques to fashion their massive sculptures. The team members are sculptors and artists and designers, but also doctors and lawyers. Though they spend weeks each year carving, nobody makes a living doing it.


“Everyone seems to have their own method of doing things,” says Team Wisconsin’s Mark Hargarten. “It’s amazing how different they are.”


The Wisconsin team uses a grid system for their carving — a Native American wearing an eagle costume, its feathers turning to flames, called “Dance of the Firebird.” The polyurethane model they built is scaled so 1/2 inch equals one foot on the finished snow sculpture. They cut a copy of the model in four, and covered each section with clay, sectioned in 1/2 inch increments. They etch corresponding lines in the snow, one foot to a side, and they peel off one piece of clay, carve the part of the sculpture they can see, and move on to the next.


“You never get lost using the method,” says Dan Ingebrigtson, a professional sculptor from Milwaukee. “Three or four guys can work from different angles, and meet in the middle.”


Wisconsin’s got several other strategies behind their carving as well. From the south, it looks like they haven’t even started; they left the southern side of the block intact to protect the rest of it from the sun, and the wall has been decimated by the heat. More than 20 percent of its thickness has melted by Sunday night, three days in. After the sun goes down, the team is hollowing out the interior of the structure, so it will freeze faster overnight.


Other teams are relying on nighttime freezing as well. A team partly from the U.S. and partly from Canada carves spires from blocks they removed from the sculpture, and plans to attach them to the top of their sculpture, “The Stand,” which incorporates four interwoven trees. They’ll use melty snow pulled from the middle of the block right when the sun goes down to cement the tops onto the trees, says team member Bob Fulks from the top of a stepladder as he cuts away at the sculpture with an ice chisel.


Fulks’ team is leaving Tahoe after the competition to go straight to Whitehorse, in the Yukon, for another competition, where he anticipates no problems with warm weather.


“It’s a good gig, you can travel all over the world doing it,” he says. “You go around and see the same people.”


Many of the carvers know each other from previous competitions.


“We’ve sculpted with almost everybody here before,” says Team Idaho-Dunham’s Mariah Dunham, who is working on “Sweet House (of Madness)” with her mother, Barb. The creation is a beehive, with the south side as the exterior, and the north side (intentionally placed out of the sun) as a representation of the comb, including hexagonal holds that perforate all the way to the hollow interior.


Though Carve Tahoe is new, snow carving is not. Many of the sculptors have been at it for more than 20 years, traveling around the world and meeting and competing against many of the same people — though each competition demands unique new designs from all the sculptors. Kathryn Keown discovered snow carving while Googling something completely different, and decided she wanted to host an international event.


“First we fell in love with the sculptures, then we fell in love with the sculptors,” says Keown, who founded the competition with Hub Strategy, the ad agency where she works.


Keown contacted several ski areas before Northstar, but the resort was on board right away; its owner, Vail Resorts also owns Breckenridge, where one of the biggest and most prestigious snow carving competitions is held.


But Keown wanted to commit to the design of the competition, not just the sculptures. Applicants submitted their designs last summer, and Keown enlisted Lawrence Noble, chair of the School of Fine Art at the Academy of Art University to help choose modern, complex, realist designs. She wanted no artsy, kitschy snowmen.


Then she chose a design-friendly logo and judges. In addition to Noble, the panel of judges features a sushi chef from Northstar, two interior designers, a photographer from nearby Squaw Valley, and Bryan Hyneck, vice president of design at Speck, which makes cases for mobile devices and was one of the event’s sponsors.


“The level of complexity and sophistication in this type of sculpture is just amazing,” says Hyneck, who has judged industrial and graphic design competitions, but never snow carving. “It’s amazing how organic some of the shapes can be.”


As a judge, Hyneck says he’ll focus on the craft and the execution of the sculptures, and how the sculptors use particular techniques to take advantage of the snow’s properties. But he adds that subject matter, point of view, message, and relationship to a theme are all important points as well.


“Anybody that is really going to push the limits of the capabilities of the media is going to get a lot of my attention,” he says.


For some, like the Germans, that means suspending massive structures made completely of snow. Their sculpture, titled “Four Elements”, features four large spires encircled by a tilted disc. Despite a trickle of melted snow dripping off the bottom edge, one — or even two — of the German carvers frequently stand atop the sculpture, using saws or chisels to shape the towers.


Sunday evening, after the sun has gone down and the temperature dropped, Josh Knaggs, bearded, with a cigarette in his mouth, is sitting in the curve made by the largest bear from the Team Idaho-Bonner’s Ferry sculpture, “Endangered Bears.” Wearing a blue event-issued jacket, he’s brushing out the hollow loop made by mama and papa bear.


Three days later, the judges award Knaggs and his team third prize, with Japan’s modern work, “Heart to Heart” coming in second and Germany’s gravity-defying “Four Elements” taking first. The teams disperse, and after a few more sunny days, Northstar tears down the structures before they get too soft and fall — all except the German piece, which can’t bear its own weight and collapses after judging is complete. But the ephemeral nature of the snow is part of what attracts the competitors.


“It’s for the moment, and it’s a beauty all in itself, creating something that’s gonna be disappearing, you know, it’s okay that it disappears,” says Team Truckee’s Ira Kessler. “We are making it for the moment.”


All Photos: Bryan Thayer/Speck


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Scott Brown joins Fox News






LOS ANGELES (TheWrap.com) – Fox News Channel has chosen another former politician to join its swelling ranks of contributors, and this one comes with TV-ready looks.


The recently ousted Republican Massachusetts senator – who paid his way through law school with modeling gigs – has signed on as a contributor. Brown, who will offer political commentary on several programs, will make his debut Wednesday night on “Hannity.”






Brown was elected to take deceased Sen. Edward Kennedy‘s seat in a 2010 special election. He sold himself to a left-leaning Massachussetts electorate by promising to be an independent thinker.


Brown was ousted by Elizabeth Warren in the most expensive Senate race of 2012. He recently opted not to seek the seat left behind by new Secretary of State John Kerry, but his future political ambitions are a source of frequent speculation in his state.


“I am looking forward to commenting on the issues of the day and challenging our elected officials to put our country’s needs first instead of their own partisan interests,” Brown said.


Senator Brown‘s dedication to out-of-the box thinking on key issues makes him an important voice in the country and we are looking forward to his contributions across all Fox News platforms,” Fox News’ executive vice president of programming Bill Shine said.


Prior to his senatorial win, Brown held a number of positions in Massachusetts state politics, including a six-year stint in the State Senate.


Brown’s other accomplishments include being named Cosmopolitan magazine’s “America’s Sexiest Man” contest in 1982, an honor which earned him a centerfold in the magazine.


In recent months, Fox News has been shuffling its contributors’ roster, parting ways with former vice presidential candidate Sarah Palin and former Clinton adviser Dick Morris. It has also picked up former “Man Show” host Adam Carolla and former Democratic congressman and presidential candidate Dennis Kucinich.


The network also re-upped former Bush adviser Karl Rove through the 2016 presidential election.


TV News Headlines – Yahoo! News





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Livestrong Tattoos as Reminder of Personal Connections, Not Tarnished Brand





As Jax Mariash went under the tattoo needle to have “Livestrong” emblazoned on her wrist in bold black letters, she did not think about Lance Armstrong or doping allegations, but rather the 10 people affected by cancer she wanted to commemorate in ink. It was Jan. 22, 2010, exactly a year since the disease had taken the life of her stepfather. After years of wearing yellow Livestrong wristbands, she wanted something permanent.




A lifelong runner, Mariash got the tattoo to mark her 10-10-10 goal to run the Chicago Marathon on Oct. 10, 2010, and fund-raising efforts for Livestrong. Less than three years later, antidoping officials laid out their case against Armstrong — a lengthy account of his practice of doping and bullying. He did not contest the charges and was barred for life from competing in Olympic sports.


“It’s heartbreaking,” Mariash, of Wilson, Wyo., said of the antidoping officials’ report, released in October, and Armstrong’s subsequent confession to Oprah Winfrey. “When I look at the tattoo now, I just think of living strong, and it’s more connected to the cancer fight and optimal health than Lance.”


Mariash is among those dealing with the fallout from Armstrong’s descent. She is not alone in having Livestrong permanently emblazoned on her skin.


Now the tattoos are a complicated, internationally recognized symbol of both an epic crusade against cancer and a cyclist who stood defiant in the face of accusations for years but ultimately admitted to lying.


The Internet abounds with epidermal reminders of the power of the Armstrong and Livestrong brands: the iconic yellow bracelet permanently wrapped around a wrist; block letters stretching along a rib cage; a heart on a foot bearing the word Livestrong; a mural on a back depicting Armstrong with the years of his now-stripped seven Tour de France victories and the phrase “ride with pride.”


While history has provided numerous examples of ill-fated tattoos to commemorate lovers, sports teams, gang membership and bands that break up, the Livestrong image is a complex one, said Michael Atkinson, a sociologist at the University of Toronto who has studied tattoos.


“People often regret the pop culture tattoos, the mass commodified tattoos,” said Atkinson, who has a Guns N’ Roses tattoo as a marker of his younger days. “A lot of people can’t divorce the movement from Lance Armstrong, and the Livestrong movement is a social movement. It’s very real and visceral and embodied in narrative survivorship. But we’re still not at a place where we look at a tattoo on the body and say that it’s a meaningful thing to someone.”


Geoff Livingston, a 40-year-old marketing professional in Washington, D.C., said that since Armstrong’s confession to Winfrey, he has received taunts on Twitter and inquiries at the gym regarding the yellow Livestrong armband tattoo that curls around his right bicep.


“People see it and go, ‘Wow,’ ” he said, “But I’m not going to get rid of it, and I’m not going to stop wearing short sleeves because of it. It’s about my family, not Lance Armstrong.”


Livingston got the tattoo in 2010 to commemorate his brother-in-law, who was told he had cancer and embarked on a fund-raising campaign for the charity. If he could raise $5,000, he agreed to get a tattoo. Within four days, the goal was exceeded, and Livingston went to a tattoo parlor to get his seventh tattoo.


“It’s actually grown in emotional significance for me,” Livingston said of the tattoo. “It brought me closer to my sister. It was a big statement of support.”


For Eddie Bonds, co-owner of Rabbit Bicycle in Hill City, S.D., getting a Livestrong tattoo was also a reflection of the growth of the sport of cycling. His wife, Joey, operates a tattoo parlor in front of their store, and in 2006 she designed a yellow Livestrong band that wraps around his right calf, topped off with a series of small cyclists.


“He kept breaking the Livestrong bands,” Joey Bonds said. “So it made more sense to tattoo it on him.”


“It’s about the cancer, not Lance,” Eddie Bonds said.


That was also the case for Jeremy Nienhouse, a 37-year old in Denver, Colo., who used a Livestrong tattoo to commemorate his own triumph over testicular cancer.


Given the diagnosis in 2004, Nienhouse had three rounds of chemotherapy, which ended on March 15, 2005, the date he had tattooed on his left arm the day after his five-year anniversary of being cancer free in 2010. It reads: “3-15-05” and “LIVESTRONG” on the image of a yellow band.


Nienhouse said he had heard about Livestrong and Armstrong’s own battle with the cancer around the time he learned he had cancer, which alerted him to the fact that even though he was young and healthy, he, too, could have cancer.


“On a personal level,” Nienhouse said, “he sounds like kind of a jerk. But if he hadn’t been in the public eye, I don’t know if I would have been diagnosed when I had been.”


Nienhouse said he had no plans to have the tattoo removed.


As for Mariash, she said she read every page of the antidoping officials’ report. She soon donated her Livestrong shirts, shorts and running gear. She watched Armstrong’s confession to Winfrey and wondered if his apology was an effort to reduce his ban from the sport or a genuine appeal to those who showed their support to him and now wear a visible sign of it.


“People called me ‘Miss Livestrong,’ ” Mariash said. “It was part of my identity.”


She also said she did not plan to have her tattoo removed.


“I wanted to show it’s forever,” she said. “Cancer isn’t something that just goes away from people. I wanted to show this is permanent and keep people remembering the fight.”


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The Boss: Bert Quintana of Sitel, on Making Career Choices





I WAS born in Cuba, and I was 2 when my parents brought me to the United States in 1962 with my baby brother, Jorge.







Bert Quintana is the president and C.E.O. of Sitel, a call center and telemarketing company based in Nashville.




AGE 52


NAME OF HIS BOAT Sea Gem


FAVORITE SPORT Golf


SPORTS HERO Don Shula, former Miami Dolphins coach





We passed through the Freedom Tower, an assistance center in Miami for Cuban refugees, and a year later a religious group, the Damas Catolicas, moved us to Dallas and helped my mom find work as a nurse. My dad, who had a fifth-grade education, was a mechanic. My mother would work the evening shift at a hospital, often followed by the night shift, and my dad would work from 7 a.m. to 3 p.m. so that one of them could be home with us.


We couldn’t afford laundry detergent, so my mom used gasoline to clean our clothes. One day she was using a space heater at the same time. We knew nothing about the danger. The gas caught fire, and my mom and brother were burned. They still have a few scars.


My parents eventually bought a house, but they divorced when I was 9 and my mother moved back to Miami with Jorge and me. In high school I worked in a hospital lab after classes as part of a research program. I won a community science award and several science fair awards as a result of what I learned. On the weekends, I apprenticed as a machinist in my uncle’s production shop, which sparked my interest in engineering. I was high school valedictorian and attended the University of Miami for a bachelor’s degree in electrical engineering, graduating in 1983.


In 1984, I started at Florida Power and Light in an entry-level engineering position. One of my responsibilities was to put into practice the business process improvement techniques of W. Edwards Deming. My training for that led to my moving to the company’s call centers, and within six years I was managing the largest one.


In 1994, I moved to MCI Telecommunications. By the time I left, two years later, I’d risen to regional director of the customer service support division.


I was a vice president for the customer care call centers at ADT in 1997, the year it was acquired by Tyco, and the next year I served as president for another home security company.


A headhunter called about a position at Dell as director of its consumer sales operation. Because it was an international company, the job would mean that I could leverage my bilingual skills and learn more about the global marketplace. I accepted, and by 2003 was promoted to vice president of the international services division.


I had been planning to take a sabbatical for quite a while, or perhaps start my own business, and the planets aligned when there was a reorganization at Dell. I left the company in 2006 and my wife, Alicia, and I sailed around the Bahamas and explored the islands on our 43-foot sailboat. We also started fixing and selling homes in Key Largo, where we now live part of the time.


In 2009, another headhunter called about the position of chief operating officer at Sitel. When I was considering whether to take the job, I asked one of the company’s major investors what winning looked like to him. He described it as having someone help him build a company he could be proud of. That response persuaded me to take the job. In 2010, I was appointed president and, in 2011, C.E.O.


While on sabbatical, I mentored former colleagues who asked for advice. My wife said my eyes would light up whenever I talked to them — a sign to both of us that I wanted to get back in the game. People talk about passion, focus, balance and making a difference as the definition of success. I feel as if the planets are aligned for me again.


As told to Patricia R. Olsen.



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'Blade Runner' Oscar Pistorius weeps as he faces murder charge









JOHANNESBURG, South Africa -- Olympic sprinter Oscar Pistorius, the double-amputee revered in South Africa for overcoming his disability to compete in the London Games last year, wept in court Friday as he faced a murder charge in connection with the fatal shooting of his girlfriend.

During the proceedings in Pretoria, Gerrie Nel, one of the National Prosecuting Authority’s most senior advocates, said he would argue the killing of model and law graduate Reeva Steenkamp was premeditated murder, the most serious category of offense under South African law.


Nel is known for prosecuting high-profile cases, including winning the conviction of former police chief and Interpol boss Jackie Selebi on corruption charges.


Pistorius, nicknamed the "Blade Runner" because of the carbon-fiber prosthetic legs he uses to compete, did not enter a formal plea and was remanded into custody at Brooklyn police station in Pretoria until Tuesday, when his bail application is to be heard.








Under South African law, a suspect charged with such a high-level offense would have to prove exceptional circumstances to be granted bail.


In a packed courtroom, members of Pistorius' family struggled to pass through a media scrum and to find seats. The hearing coincided with "Black Friday," a day when people were being urged to wear black to protest rapes and violence against women.


[Updated, 8:35 a.m. Feb. 15: The family and Pistorius' management company later issued a statement denying that the athlete had murdered his girlfriend, saying: "The alleged murder is disputed in the strongest possible terms."


Some details of Pistorius' argument and the state's case are expected Tuesday.]

The famed athlete's court appearance came as South African media reported that he shot Steenkamp, his girlfriend of several months, four times through a bathroom door.


Under South African law, a person who fatally shoots an intruder has to prove he or she had a reasonable fear that the intruder posed a real threat to his or her life.

South Africa has one of the highest rates of gun homicides in the world, with killings of women by intimate partners the leading cause of female homicide in the country. About 57% of female homicide victims were killed by their partners in 2009, according to a report last year by the Medical Research Council.


One-third of female homicides were committed by partners with a history of prior violence against their partners, according to the report.

Friends of Steenkamp and Pistorius mourned the incident on social media.

"Drained, confused, I just can't wrap my head around things," one of Pistorius’ close friends, Alex Pilakoutas, posted on Twitter.


Darren Fresco, who described himself as one of Steenkamp’s best friends said he was hoping to wake from a nightmare and hear her infectious laughter again.

"We were just goofing off the other day talking to each other in only the way that we could to each other. My heart is on the verge of exploding with the pain of such a sudden loss of one of my best friends," Fresco, who said he was one of the last people to exchange tweets with Steenkamp, posted on Facebook.

ALSO:

Oscar Pistorius remains in jail facing murder charge

Mexico finds fire-god figure at top of Pyramid of the Sun

Iranian general reportedly assassinated while traveling from Syria


robyn.dixon@latimes.com





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Feds Say Megaupload Entrapment Claim Is 'Sensationalist Rhetoric'



Calling it “sensationalist rhetoric,” federal authorities took the offensive late Thursday for the second time in as many months to blast Megaupload for its contention that the authorities entrapped the now-shuttered file-sharing service.


Federal authorities 13 months ago seized Megaupload’s domains and arrested its chief executive Kim Dotcom and his top lieutenants for running what the authorities claimed was a massive and illicit file-sharing service that cost Hollywood studios and other content makers some $500 million.


Megaupload essentially contends that, at a minimum, federal authorities punished Megaupload for cooperating with the prosecution of rival file-sharing site NinjaVideo. At a maximum, Megaupload contends federal officials set up Megaupload for its downfall.


The controversy centers on Megaupload complying with a then-secret U.S. search warrant targeting five of its users, who were running their own file-sharing service using Megaupload’s infrastructure. Eighteen months before Megaupload was indicted in January 2012, Megaupload complied with the warrant and turned over a database on the 39 pirated movies detailed in the warrant that linked the files to the file-sharing service NinjaVideo, which was later indicted.


Though the feds had already begun quietly investigating Megaupload months before, in this case the government treated Megaupload as NinjaVideo’s internet service provider, and asked it to keep the NinjaVideo warrant quiet.


Despite Megaupload’s cooperation, the 39 infringing NinjaVideo files were later used against the popular file-sharing service (.pdf) as evidence to seize Megaupload.com domains and prosecute Dotcom and others connected to the site. That’s because Megaupload did not delete the 39 movies from its servers. The government used that fact to demonstrate that the company knew full well that its service was being used for piracy.


Megaupload attorney Ira Rothken said in a recent court filing that that “Megaupload had every reason to retain those files in good faith because the government had sought and obtained Megaupload’s cooperation in retrieving those files and warned that alerting users to the existence of the warrant and the government’s interest in the files could compromise the investigation.” (.pdf)


But federal prosecutors in Virginia, where the case is being tried, said in a court filing that there was ample evidence, beyond those files, presented in an affidavit to a federal judge to bring a case against Megaupload: (.pdf)


The affidavit noted infringing content was present on the website, see id. at ¶ 13, and included evidence of Megaupload’s awareness of infringing content on its own system by describing how members of the Mega Conspiracy had searched Megaupload databases in order to personally access infringing content. Id. at ¶ 13. The affidavit also stated, based on reviews of e-mails sent or received by members of the conspiracy, that Megaupload willfully ignored takedown notices regarding infringing content, and that members of the Mega Conspiracy had themselves uploaded infringing content to the website. Id. at ¶ 15. Finally, the affidavit stated that the various domains to be seized had been facilitated and promoted by the conspiracy’s illicit proceeds. Id. at ¶ 18. This was more than sufficient to demonstrate ‘a fair probability’ that the domain names were subject to forfeiture.


Last month, federal authorities said in court documents that Megaupload’s entrapment allegations were “baseless.”


Thirteen months ago, Dotcom and crew were arrested in New Zealand, where they remain free on bail awaiting an extradition hearing on whether they can be tried on criminal copyright and money laundering charges in a Virginia federal court. And last month, Dotcom unveiled a new file-sharing service, Mega, marking the one-year anniversary of his arrest.


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Seth MacFarlane’s “Dads” series casts “Mindy Project” actor






LOS ANGELES (TheWrap.com) – Tommy Dewey has been cast in the Fox comedy “Dads,” from “Ted” team Seth MacFarlane, Alec Sulkin and Wellesley Wild.


Dewey, who’s appeared in a handful of episodes of Fox’s “The Mindy Project,” will play Warner, the co-owner of a successful videogame company and stable family man whose otherwise perfect life is cast into chaos when his feckless father Crawford moves in with him.






The series, which has been given the go-ahead for a six-episode season, revolves around Eli and Warner, two successful guys in their 30′s have their world turned upside down when their dads move in with them.


MacFarlane, Sulkin and Wild are executive producing the series, with Sulkin and Wild writing. Fuzzy Door Productions and Twentieth Century Fox Television are producing.


The series has also cast “The Suite Life on Deck” star Brenda Song, in the role of Veronica.


TV News Headlines – Yahoo! News





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Fat Dad: Baking for Love

Fat Dad

Dawn Lerman writes about growing up with a fat dad.

My grandmother Beauty always told me that the way to a man’s heart was through his stomach, and by the look of pure delight on my dad’s face when he ate a piece of warm, homemade chocolate cake, or bit into a just-baked crispy cookie, I grew to believe this was true. I had no doubt that when the time came, and I liked a boy, that a batch of my gooey, rich, chocolatey brownies would cast him under a magic spell, and we would live happily ever.

But when Hank Thomas walked into Miss Seawall’s ninth grade algebra class on a rainy, September day and smiled at me with his amazing grin, long brown hair, big green eyes and Jimi Hendrix T-shirt, I was completely unprepared for the avalanche of emotions that invaded every fiber of my being. Shivers, a pounding heart, and heat overcame me when he asked if I knew the value of 1,000 to the 25th power. The only answer I could think of, as I fumbled over my words, was “love me, love me,” but I managed to blurt out “1E+75.” I wanted to come across as smart and aloof, but every time he looked at me, I started stuttering and sweating as my face turned bright red. No one had ever looked at me like that: as if he knew me, as if he knew how lost I was and how badly I needed to be loved.

Hank, who was a year older than me, was very popular and accomplished. Unlike other boys who were popular for their looks or athletic skills, Hank was smart and talented. He played piano and guitar, and composed the most beautiful classical and rock concertos that left both teachers and students in awe.

Unlike Hank, I had not quite come into my own yet. I was shy, had raggedy messy hair that I tied back into braids, and my clothes were far from stylish. My mother and sister had been on the road touring for the past year with the Broadway show “Annie.” My sister had been cast as a principal orphan, and I stayed home with my dad to attend high school. My dad was always busy with work and martini dinners that lasted late into the night. I spent most of my evenings at home alone baking and making care packages for my sister instead of coercing my parents to buy me the latest selection of Gloria Vanderbilt jeans — the rich colored bluejeans with the swan stitched on the back pocket that you had to lie on your bed to zip up. It was the icon of cool for the popular and pretty girls. I was neither, but Hank picked me to be his math partner anyway.

With every equation we solved, my love for Hank became more desperate. After several months of exchanging smiles, I decided to make Hank a batch of my chocolate brownies for Valentine’s Day — the brownies that my dad said were like his own personal nirvana. My dad named them “closet” brownies, because when I was a little girl and used to make them for the family, he said that as soon as he smelled them coming out of the oven, he could imagine dashing away with them into the closet and devouring the whole batch.

After debating for hours if I should make the brownies with walnuts or chips, or fill the centers with peanut butter or caramel, I got to work. I had made brownies hundreds of times before, but this time felt different. With each ingredient I carefully stirred into the bowl, my heart began beating harder. I felt like I was going to burst from excitement. Surely, after Hank tasted these, he would love me as much as I loved him. I was not just making him brownies. I was showing him who I was, and what mattered to me. After the brownies cooled, I sprinkled them with a touch of powdered sugar and wrapped them with foil and red tissue paper. The next day I placed them in Hank’s locker, with a note saying, “Call me.”

After seven excruciating days with no call, some smiles and the usual small talk in math class, I conjured up the nerve to ask Hank if he liked my brownies.

“The brownies were from you?” he asked. “They were delicious.”

Then Hank invited me to a party at his house the following weekend. Without hesitation, I responded that I would love to come. I pleaded with my friend Sarah to accompany me.

As the day grew closer, I made my grandmother Beauty’s homemade fudge — the chocolate fudge she made for Papa the night before he proposed to her. Stirring the milk, butter and sugar together eased my nerves. I had never been to a high school party before, and I didn’t know what to expect. Sarah advised me to ditch the braids as she styled my hair, used a violet eyeliner and lent me her favorite V-neck sweater and a pair of her best Gloria Vanderbilt jeans.

When we walked in the door, fudge in hand, Hank was nowhere to be found. Thinking I had made a mistake for coming and getting ready to leave, I felt a hand on my back. It was Hank’s. He hugged me and told me he was glad I finally arrived. When Hank put his arm around me, nothing else existed. With a little help from Cupid or the magic of Beauty’s recipes, I found love.


Fat Dad’s ‘Closet’ Brownies

These brownies are more like fudge than cake and contain a fraction of the flour found in traditional brownie recipes. My father called them “closet” brownies, because when he smelled them coming out of the oven he could imagine hiding in the closet to eat the whole batch. I baked them in the ninth grade for a boy that I had a crush on, and they were more effective than Cupid’s arrow at winning his heart.

6 tablespoons unsalted butter, plus extra for greasing the pan
8 ounces bittersweet chocolate, chopped, or semisweet chocolate chips
3/4 cup brown sugar
2 eggs at room temperature, beaten
1 teaspoon vanilla extract
1/4 cup flour
1/2 cup chopped walnuts (optional)
Fresh berries or powdered sugar for garnish (optional)

1. Preheat oven to 350 degrees.

2. Grease an 8-inch square baking dish.

3. In a double boiler, melt chocolate. Then add butter, melt and stir to blend. Remove from heat and pour into a mixing bowl. Stir in sugar, eggs and vanilla and mix well.

4. Add flour. Mix well until very smooth. Add chopped walnuts if desired. Pour batter into greased baking pan.

5. Bake for 35 minutes, or until set and barely firm in the middle. Allow to cool on a rack before removing from pan. Optional: garnish with powdered sugar, or berries, or both.

Yield: 16 brownies


Dawn Lerman is a New York-based health and nutrition consultant and founder of Magnificent Mommies, which provides school lectures, cooking classes and workshops. Her series on growing up with a fat father appears occasionally on Well.

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DealBook: SAC Investors Ask to Withdraw $1.7 Billion

Clients of SAC Capital Advisors have asked to withdraw $1.7 billion from the giant hedge fund amid an intensifying insider trading investigation involving the fund, according to people briefed on the matter.

That amount represents slightly more than a quarter of the $6 billion that SAC manages for clients, and is the largest amount ever withdrawn from the fund. Clients had to inform SAC by Thursday – a regularly scheduled quarterly redemption deadline – whether they wanted to redeem their money.

While the outflows are a blow to the fund founded by Steven A. Cohen, which boasts one of the best investment track records on Wall Street, they are expected to have little impact on the fund’s business. More than half of SAC’s assets under management, which stood at $15 billion as of mid-January, belong to Mr. Cohen and his employees.

“As we have been saying, the redemptions will have no significant impact on our funds,” an SAC spokesman said in a statement.

Still, the amount highlights the reputational damage wrought on SAC by the wave of insider trading cases involving the Stamford, Conn.-based hedge fund. Among the high-profile clients taking money out of the fund include a Citigroup unit that manages money for wealthy families and Lyxor Asset Management, a division of the French bank Societe Generale.

Other SAC clients have taken a more wait-and-see approach, keeping their money with the fund while monitoring developments in the insider trading inquiry. Blackstone Group, SAC’s largest outside investor, took this route, saying it would keep its $550 million investment with the fund for at least the next three months while it learns more information about the latest criminal case against SAC.

In late November, the government brought charges against Mathew Martoma, a former SAC portfolio manager, in a prosecution that they are calling the most lucrative insider trading scheme ever uncovered. The trades at the center of the case involve Mr. Cohen, who has not been charged and denied wrongdoing. Mr. Martoma has pleaded not guilty.

At least seven other current or former SAC employees have been tied to allegations of insider trading while working there, four of whom have pleaded guilty. And the Securities and Exchange Commission has advised SAC that they might file a civil fraud action against the firm related to the Martoma trades.

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Oscar Pistorius remains in jail facing murder charge









JOHANNESBURG, South Africa -- South African athlete Oscar Pistorius, who made history last year as the first double amputee runner to compete in the Olympics using prosthetic blades, will spend the night in jail Thursday after he was charged with murder in the death of his girlfriend at his house, prosecutors said.


The National Prosecuting Authority said Pistorius would remain in custody until his hearing Friday, when police intend to oppose bail.


Reeva Steenkamp, a 30-year-old model, died after being shot several times in the head and arm in Pistorius’ house in an upscale suburb in Pretoria.








PHOTOS: Pistorius in the London Olympics


Pistorius was ushered from the home by police Thursday morning with a gray hoodie covering his head and obscuring most of his face.


South Africans were in shock about the accusation against Pistorius, who became a hero during his long battle for the right to compete in the Olympics. After a controversy on whether the blades he uses to walk and run gave him an advantage in races, Pistorius was granted the right to compete in the London 2012 Olympic Games.


South Africa has one of the world's highest rates of murder and violent crime, and many South Africans keep guns at home to guard against intruders.


The Afrikaans-language newspaper Beeld suggested that Pistorius mistook his girlfriend for a burglar and killed her accidentally.


However, a police spokeswoman, Brig. Denise Beukes, said police were “surprised” at reports the killing was accidental, adding that that version hadn’t come from police, according to the South African Press Assn.


"I confirm there had been previous incidents of a domestic nature at his place,” said Beukes, adding that police couldn’t comment on the decision to oppose bail.


Beukes said police had interviewed neighbors who heard sounds at Pistorius’ home earlier in the evening, and also at the time the incident reportedly took place.


Pistorius’ father, Henke Pistorius, said his son was sad. But the older Pistorius said he didn’t know the facts.


“I don’t know nothing. It will be extremely obnoxious and rude to speculate,” he said in a radio interview. “If anyone makes a statement, it will have to be Oscar.”


An advertisement for Nike, one of Pistorius’ major sponsors, was removed from his official website Thursday. It had shown the athlete in a green lycra athletic suit and the slogan, “I am the bullet in the chamber."


ALSO:


Six arrested in Acapulco rape case


Iranian general reportedly assassinated while traveling from Syria


British case of new virus suggests person-to-person transmission





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Finding Holes in Tesla's Data, <em>New York Times</em> Assertions



Tesla’s late-night data dump might have refuted some of the claims surrounding John Broder’s ill-fated drive in the Tesla Model S. But there are still questions for both the automaker and The New York Times.


To begin with, there’s one massive chunk of the data missing from the puzzle: GPS. According to a Tesla spokeswoman, the automaker didn’t have GPS data turned on in the car, which makes Tesla’s claims that Broder drove around in circle in a Supercharger parking lot dubious, at best.


But Broder doesn’t help the matter, admitting to the Daily Intelligencer (via New York Magazine) that, “I was circling the parking lot in the service plaza looking for the unmarked and unlighted Supercharger port in the dark. I was not trying to drain the battery.” He repeated this claim to the San Jose Mercury News, saying “I was looking for the charger, which is not well labeled or lighted.” However, this was the second time Broder had been to the Newark Supercharger station, so why was it hard to find?


Tesla also claims that the State of Charge indicator never reached zero. But Elon Musk didn’t need to delve deep into the car’s logs to determine that. The Model S is incapable of reaching a zero charge. The controllers connected to the lithium-ion battery packs won’t let the charge be completely depleted as that would “brick” the battery, rendering it useless. There always has to be some kind of energy stored in the packs to avoid damaging the battery.


That makes the small residual charge in the battery a meaningless technicality, not a smoking gun. Broder, seeing an ominous “car is shutting down” indicator on the instrument panel, assumed he was completely out of juice and did what any thinking individual would do: He pulled off the road, stopped and shut the vehicle down. Unfortunately, there wasn’t enough charge in the high-voltage pack to continue powering the 12-volt accessories, which includes the parking brake, meaning the Model S was immobile and unable to be driven onto the flatbed.



Tesla also claims that Broder never completely charged the battery pack, including the first Supercharger stop where the vehicle told him the charge was complete, despite only being at 90 percent capacity.


This mistake is fully on Tesla, as the automaker didn’t instruct Broder to enable Max Range mode, freeing up an additional 20-plus miles of range and allowing the battery to be fully charged. Tesla doesn’t suggest using Max Range mode on a normal basis as it contributes to more wear and tear on the battery, but this would be the perfect use case for the feature.


Tesla also suggests that Broder didn’t turn down the interior temperature during the trip, but the chart it released last night shows a dip in the climate control temp from 225 to 300 miles. It might not have been exactly when Broder claimed, but he did it nonetheless.




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Lady Gaga needs hip surgery, cancels remainder of tour






LOS ANGELES (Reuters) – Lady Gaga canceled the remainder of her “Born This Way Ball” concert tour to undergo hip surgery, promoters Live Nation said on Wednesday.


The 26-year-old singer announced she was suffering from an inflammation of the joints on Tuesday, but the tour operator said Gaga’s injuries were more serious than she realized.






“After additional tests this morning to review the severity of the issue, it has been determined that Lady Gaga has a labral tear of the right hip,” Live Nation said in a statement.


“She will need surgery to repair the problem, followed by strict downtime to recover. This, unfortunately, will force her to cancel the tour so she can heal,” it added.


Gaga has been on the road for two years, traveling across six continents.


On Tuesday, she postponed four U.S. shows saying she was suffering from synovitis that left her temporarily unable to walk. Synovitis is an inflammation of the joints that sometimes follows a sprain, strain or injury.


According to her website, the singer was due to play another 20 dates in the United States.


Live Nation said ticket holders would have their money refunded, starting on Thursday.


(Reporting By Jill Serjeant; Editing by Stacey Joyce)


Music News Headlines – Yahoo! News





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Doctor and Patient: Afraid to Speak Up to Medical Power

The slender, weather-beaten, elderly Polish immigrant had been diagnosed with lung cancer nearly a year earlier and was receiving chemotherapy as part of a clinical trial. I was a surgical consultant, called in to help control the fluid that kept accumulating in his lungs.

During one visit, he motioned for me to come closer. His voice was hoarse from a tumor that spread, and the constant hissing from his humidified oxygen mask meant I had to press my face nearly against his to understand his words.

“This is getting harder, doctor,” he rasped. “I’m not sure I’m up to anymore chemo.”

I was not the only doctor that he confided to. But what I quickly learned was that none of us was eager to broach the topic of stopping treatment with his primary cancer doctor.

That doctor was a rising superstar in the world of oncology, a brilliant physician-researcher who had helped discover treatments for other cancers and who had been recruited to lead our hospital’s then lackluster cancer center. Within a few months of the doctor’s arrival, the once sleepy department began offering a dazzling array of experimental drugs. Calls came in from outside doctors eager to send their patients in for treatment, and every patient who was seen was promptly enrolled in one of more than a dozen well-documented treatment protocols.

But now, no doctors felt comfortable suggesting anything but the most cutting-edge, aggressive treatments.

Even the No. 2 doctor in the cancer center, Robin to the chief’s cancer-battling Batman, was momentarily taken aback when I suggested we reconsider the patient’s chemotherapy plan. “I don’t want to tell him,” he said, eyes widening. He reeled off his chief’s vast accomplishments. “I mean, who am I to tell him what to do?”

We stood for a moment in silence before he pointed his index finger at me. “You tell him,” he said with a smile. “You tell him to consider stopping treatment.”

Memories of this conversation came flooding back last week when I read an essay on the problems posed by hierarchies within the medical profession.

For several decades, medical educators and sociologists have documented the existence of hierarchies and an intense awareness of rank among doctors. The bulk of studies have focused on medical education, a process often likened to military and religious training, with elder patriarchs imposing the hair shirt of shame on acolytes unable to incorporate a profession’s accepted values and behaviors. Aspiring doctors quickly learn whose opinions, experiences and voices count, and it is rarely their own. Ask a group of interns who’ve been on the wards for but a week, and they will quickly raise their hands up to the level of their heads to indicate their teachers’ status and importance, then lower them toward their feet to demonstrate their own.

It turns out that this keen awareness of ranking is not limited to students and interns. Other research has shown that fully trained physicians are acutely aware of a tacit professional hierarchy based on specialties, like primary care versus neurosurgery, or even on diseases different specialists might treat, like hemorrhoids and constipation versus heart attacks and certain cancers.

But while such professional preoccupation with privilege can make for interesting sociological fodder, the real issue, warns the author of a courageous essay published recently in The New England Journal of Medicine, is that such an overly developed sense of hierarchy comes at an unacceptable price: good patient care.

Dr. Ranjana Srivastava, a medical oncologist at the Monash Medical Centre in Melbourne, Australia, recalls a patient she helped to care for who died after an operation. Before the surgery, Dr. Srivastava had been hesitant to voice her concerns, assuming that the patient’s surgeon must be “unequivocally right, unassailable, or simply not worth antagonizing.” When she confesses her earlier uncertainty to the surgeon after the patient’s death, Dr. Srivastava learns that the surgeon had been just as loath to question her expertise and had assumed that her silence before the surgery meant she agreed with his plan to operate.

“Each of us was trying our best to help a patient, but we were also respecting the boundaries and hierarchy imposed by our professional culture,” Dr. Srivastava said. “The tragedy was that the patient died, when speaking up would have made all the difference.”

Compounding the problem is an increasing sense of self-doubt among many doctors. With rapid advances in treatment, there is often no single correct “answer” for a patient’s problem, and doctors, struggling to stay up-to-date in their own particular specialty niches, are more tentative about making suggestions that cross over to other doctors’ “turf.” Even as some clinicians attempt to compensate by organizing multidisciplinary meetings, inviting doctors from all specialties to discuss a patient’s therapeutic options, “there will inevitably be a hierarchy at those meetings of who is speaking,” Dr. Srivastava noted. “And it won’t always be the ones who know the most about the patient who will be taking the lead.”

It is the potentially disastrous repercussions for patients that make this overly developed awareness of rank and boundaries a critical issue in medicine. Recent efforts to raise safety standards and improve patient care have shown that teams are a critical ingredient for success. But simply organizing multidisciplinary lineups of clinicians isn’t enough. What is required are teams that recognize the importance of all voices and encourage active and open debate.

Since their patient’s death, Dr. Srivastava and the surgeon have worked together to discuss patient cases, articulate questions and describe their own uncertainties to each other and in patients’ notes. “We have tried to remain cognizant of the fact that we are susceptible to thinking about hierarchy,” Dr. Srivastava said. “We have tried to remember that sometimes, despite our best intentions, we do not speak up for our patients because we are fearful of the consequences.”

That was certainly true for my lung cancer patient. Like all the other doctors involved in his care, I hesitated to talk to the chief medical oncologist. I questioned my own credentials, my lack of expertise in this particular area of oncology and even my own clinical judgment. When the patient appeared to fare better, requiring less oxygen and joking and laughing more than I had ever seen in the past, I took his improvement to be yet another sign that my attempt to talk about holding back chemotherapy was surely some surgical folly.

But a couple of days later, the humidified oxygen mask came back on. And not long after that, the patient again asked for me to come close.

This time he said: “I’m tired. I want to stop the chemo.”

Just before he died, a little over a week later, he was off all treatment except for what might make him comfortable. He thanked me and the other doctors for our care, but really, we should have thanked him and apologized. Because he had pushed us out of our comfortable, well-delineated professional zones. He had prodded us to talk to one another. And he showed us how to work as a team in order to do, at last, what we should have done weeks earlier.

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Cardinal Health Buys AssuraMed for $2 Billion





Cardinal Health, the second-largest distributor of prescription drugs, announced on Thursday that it was buying a large medical supplier in a $2 billion deal aimed at expanding the business into the growing area of home health care.




The medical supplier, the privately held AssuraMed, supplies products for home use to aid treatment of diabetes, wounds, incontinence and other conditions. It had revenue of $1 billion in 2012, Cardinal Health said.


AssuraMed, which has been owned by the private equity firms Clayton, Dubilier & Rice and Goldman Sachs’s GS Capital Partners, serves more than one million patients nationwide and sells more than 30,000 products.


In an interview, George S. Barrett, Cardinal’s chairman and chief executive, said the acquisition was aimed at taking advantage of a confluence of national trends: the aging population, which has led to an increase in patients with chronic conditions, and more treatment of those conditions at home or in nonhospital settings like doctors’ offices and outpatient clinics.


“One of the things that has become clear is we’re going to have to manage patients differently,” Mr. Barrett said. “It very strategically aligns with where we think health care is moving, and it’s a natural extension of our skill set.”


In a conference call with investors, Mr. Barrett said the home health care area was growing at nearly 7 percent and represented a market opportunity of about $16 billion.


The deal is expected to close in April and will be financed with a combination of $1.3 billion in senior unsecured notes and cash. Cardinal estimated the acquisition would add 2 to 3 cents to its earnings a share in 2013, and 18 cents a share by 2014.


Cardinal, based in Dublin, Ohio, had revenue of $108 billion in 2012, and ranks second in the drug-distribution market behind the McKesson Corporation, based in San Francisco. AssuraMed is based in Twinsburg, Ohio.


Shares in Cardinal closed up 56 cents, or 1.2 percent, at $46 on Thursday.


Cardinal was advised by Bank of America Merrill Lynch and the law firm Wachtell, Lipton, Rosen & Katz. Clayton Dubilier and GS Capital were advised by JPMorgan Chase, Goldman Sachs and the law firm Debevoise & Plimpton.


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Defense Nerds Strike Back: A Symposium on the Battle of Hoth



So. You guys have really, really strong opinions about the Battle of Hoth.


Many took issue with my argument that Hoth represented a military debacle for the Galactic Empire. Some questioned the (meta)factual premises of my case (are TIE Fighters even capable of in-atmospheric flight?). Others argued that Vader was deliberately trying to lose, rendering my essay myopic. Still others desired to travel back in time and physically accost my childhood self, so as to spare me the error of even thinking about Hoth. Anger, fear, aggression: the dark side are they.


My responses are less interesting than those that others can provide. So we at Danger Room widened the aperture and brought in six military nerds — soldiers, academics, bloggers — with a similarly abiding love for Star Wars. Some agree with me, most disagree with me, and all add keen insights, except for when they disagree with me. In any event, check out their thoughts on Hoth, for the Force is strong with them.



If Hoth was a defeat for Darth Vader, as Spencer Ackerman contends, it was a short-lived one at best. Thanks to well-conceived contingency plans, and a judicious use of nefarious private military contractors, Darth Vader was still well along the path to achieving his ultimate strategic objective: turning Luke Skywalker to the Dark Side of the Force, and finally overthrowing the Emperor. Of course, Vader’s agenda only tangentially marries up with that of the Imperial Forces at large, and is cross-purposes with that of the Emperor. Thus, Vader’s true objective in the attack on Hoth is not the destruction of the Rebel Alliance, but rather, capturing Luke. In many ways, Darth Vader is a one-man shadow government, who seeks to find and shelter the religious extremist responsible for the greatest terrorist act ever perpetrated against the Empire — all to further his own personal political agenda.


Luke Skywalker may have escaped to Dagobah, sure, but Yoda saves Vader the expense and hassle of having to train young Luke. In fact, Luke’s escape actually gives Vader plausible deniability when Emperor Palpatine confronts Vader via hologram on Luke’s paternity.


Vader’s true strategic failure comes not at Hoth, but at Bespin, when he fails to turn Luke to the Dark Side. By the next film, Vader’s been removed from field command, relegated to overseeing defense contractors working on yet another flawed and bloated acquisitions program. And of course, in Return of the Jedi, it’s Emperor Palpatine’s turn to take the offensive, using Luke to dispatch his weakened apprentice, and carry on the Sith legacy. In Star Wars, intergalactic civil war is little more than a vehicle to advance the grand plan of the Sith.


Major Crispin J. Burke is a U.S. Army Aviator who blogs at Wings Over Iraq. Follow him on Twitter at @CrispinBurke.


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Nicole Kidman, Halle Berry, Reese Witherspoon, Sandra Bullock presenting at Oscars






LOS ANGELES (TheWrap.com) – Four former Best Actress winners will converge on stage at this year’s Oscar telecast, the show’s producers said Wednesday.


Halle Berry, Sandra Bullock, Nicole Kidman and Reese Witherspoon will present an award, although the show’s producers were mum about whether or not they will take the stage together. If they do, it may mean a return to a format that was deployed and favorably received during the 2009 broadcast.






During that show, former winners of acting awards appeared on stage together to give short speeches praising each of the nominees. That was revived in a slightly modified form in the 2010 telecast, in which co-stars or celebrity friends of the various nominees were called on to pay tribute before the winner was announced.


Traditionally, the previous winner of an acting award reads out the nominees and hands out the statue without assistance.


Berry won the Oscar for her performance as a grieving widow in “Monster’s Ball” (2001), Bullock for her work as a feisty housewife and football fan in “The Blind Side” (2009), Kidman for playing a depressive Virginia Woolf in “The Hours” (2002) and Witherspoon for channeling June Carter Cash in “Walk the Line” (2005).


Other previously announced Oscar presenters including Mark Wahlberg, Channing Tatum, Daniel Radcliffe and “Marvel’s The Avengers” cast members Robert Downey Jr., Samuel L. Jackson, Chris Evans, Jeremy Renner and Mark Ruffalo.


The Oscars will be hosted by Seth MacFarlane and will air on February 24.


Movies News Headlines – Yahoo! News




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Phys Ed: Getting the Right Dose of Exercise

Phys Ed

Gretchen Reynolds on the science of fitness.

Fitness Tracker

Marathon, half-marathon, 10k and 5K training plans to get you race ready.

A common concern about exercise is that if you don’t do it almost every day, you won’t achieve much health benefit. But a commendable new study suggests otherwise, showing that a fairly leisurely approach to scheduling workouts may actually be more beneficial than working out almost daily.

For the new study, published this month in Exercise & Science in Sports & Medicine, researchers at the University of Alabama at Birmingham gathered 72 older, sedentary women and randomly assigned them to one of three exercise groups.

One group began lifting weights once a week and performing an endurance-style workout, like jogging or bike riding, on another day.

Another group lifted weights twice a week and jogged or rode an exercise bike twice a week.

The final group, as you may have guessed, completed three weight-lifting and three endurance sessions, or six weekly workouts.

The exercise, which was supervised by researchers, was easy at first and meant to elicit changes in both muscles and endurance. Over the course of four months, the intensity and duration gradually increased, until the women were jogging moderately for 40 minutes and lifting weights for about the same amount of time.

The researchers were hoping to find out which number of weekly workouts would be, Goldilocks-like, just right for increasing the women’s fitness and overall weekly energy expenditure.

Some previous studies had suggested that working out only once or twice a week produced few gains in fitness, while exercising vigorously almost every day sometimes led people to become less physically active, over all, than those formally exercising less. Researchers theorized that the more grueling workout schedule caused the central nervous system to respond as if people were overdoing things, sending out physiological signals that, in an unconscious internal reaction, prompted them to feel tired or lethargic and stop moving so much.

To determine if either of these possibilities held true among their volunteers, the researchers in the current study tracked the women’s blood levels of cytokines, a substance related to stress that is thought to be one of the signals the nervous system uses to determine if someone is overdoing things physically. They also measured the women’s changing aerobic capacities, muscle strength, body fat, moods and, using sophisticated calorimetry techniques, energy expenditure over the course of each week.

By the end of the four-month experiment, all of the women had gained endurance and strength and shed body fat, although weight loss was not the point of the study. The scientists had not asked the women to change their eating habits.

There were, remarkably, almost no differences in fitness gains among the groups. The women working out twice a week had become as powerful and aerobically fit as those who had worked out six times a week. There were no discernible differences in cytokine levels among the groups, either.

However, the women exercising four times per week were now expending far more energy, over all, than the women in either of the other two groups. They were burning about 225 additional calories each day, beyond what they expended while exercising, compared to their calorie burning at the start of the experiment.

The twice-a-week exercisers also were using more energy each day than they had been at first, burning almost 100 calories more daily, in addition to the calories used during workouts.

But the women who had been assigned to exercise six times per week were now expending considerably less daily energy than they had been at the experiment’s start, the equivalent of almost 200 fewer calories each day, even though they were exercising so assiduously.

“We think that the women in the twice-a-week and four-times-a-week groups felt more energized and physically capable” after several months of training than they had at the start of the study, says Gary Hunter, a U.A.B. professor who led the experiment. Based on conversations with the women, he says he thinks they began opting for stairs over escalators and walking for pleasure.

The women working out six times a week, though, reacted very differently. “They complained to us that working out six times a week took too much time,” Dr. Hunter says. They did not report feeling fatigued or physically droopy. Their bodies were not producing excessive levels of cytokines, sending invisible messages to the body to slow down.

Rather, they felt pressed for time and reacted, it seems, by making choices like driving instead of walking and impatiently avoiding the stairs.

Despite the cautionary note, those who insist on working out six times per week need not feel discouraged. As long as you consciously monitor your activity level, the findings suggest, you won’t necessarily and unconsciously wind up moving less over all.

But the more fundamental finding of this study, Dr. Hunter says, is that “less may be more,” a message that most likely resonates with far more of us. The women exercising four times a week “had the greatest overall increase in energy expenditure,” he says. But those working out only twice a week “weren’t far behind.”

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Cisco Tops Expectations With Rise in Profit of 44%





SAN FRANCISCO — Cisco Systems reported surprisingly strong results for its second quarter despite concerns about weak demand in some areas.




Cisco, the San Jose, Calif., networking giant, said that net income in the second quarter rose 44 percent to $3.1 billion, or 59 cents a share, from the year-ago quarter.


The company said revenue climbed 5 percent, to $12.1 billion.


Excluding certain items, such as tax gains and stock-compensation expenses, Cisco had earnings of 51 cents per share.


The results exceeded the expectations of Wall Street analysts, who had projected earnings of 48 cents a share and revenue of $12.06 billion, according to a survey of analysts by Thomson Reuters.


“Cisco delivered record earnings,” John Chambers, Cisco’s chief executive officer, said in a release accompanying the results. “We are making solid progress towards our goal of becoming the number-one information technology company in the world.”


Cisco has traditionally met, or slightly exceeded, Wall Street’s earnings expectations.


Over the past two years, Cisco has reorganized, paring down much of its consumer business and refocusing on new technology initiatives, such as cloud computing.


In December, Mr. Chambers announced plans to move Cisco from just selling gear that routes Internet data into the development of highly networked systems of sensors and data analysis machines. That plan, which involves working closely with large companies and governments, remains in its early stages.


Sales of regular networking equipment to government remains a key part of Cisco’s business. Analysts had been concerned that poor demand from governments, along with economic jitters in Europe, could hurt Cisco’s performance.


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Guantanamo witness testifies on courtroom eavesdropping allegations









FT. MEADE, Md. -- Top officials at the terror detainee prison at the U.S. Naval Base on Guantanamo Bay, Cuba, began testifying in a pretrial hearing Tuesday about courtroom security and allegations that the CIA or other U.S. intelligence officials are secretly listening to private conversations between defense lawyers and five accused Sept. 11 plotters.

First to the witness stand -- in fact the first substantial witness to testify in the military tribunal case that is the only prosecution in the 2001 terror attacks -- was Maurice Elkins, an Army veteran who is the director of technology for the new courtroom built next to the prison compound that houses 166 detainees.


In a crisp gray suit, Elkins testified that it would be almost impossible for any outside intelligence officials, known by the ambiguous acronym OCA for Original Classification Authority, to tap into the private defense conversations, and less likely they could record them.





But, he conceded, “I do not know what the OCA’s capability is.”


Yet while acknowledging that outside intelligence officials are indeed monitoring the proceedings should any classified information be inadvertently disclosed, Elkins added, “No entity in the U.S. government has ever asked me for recordings.”


Though Elkins was a defense witness, his testimony largely mirrored the government’s position that confidential defense conversations are not being picked up by the CIA or other intelligence agencies.


However, under questioning from David Nevin, an attorney for alleged Sept. 11 mastermind Khalid Shaikh Mohammed,  Judge James L. Pohl, an Army colonel, acknowledged that intelligence authorities could be listening in and recording.


When Nevin asked if it was possible the OCA was recording everything they were picking up, the judge stepped in and answered the questions. “Anything is possible,” he said. “Most witnesses would agree that anything in life is possible.”


Elkins put it this way:  "I wouldn't know OCA if I walked next to OCA on the street or played basketball with OCA.” He added,  “You’re asking me to assume they are recording, and I can’t answer that.”


The defense, however, filed an emergency motion to address the matter, claiming that covert intelligence officials are listening in on their private courtroom discussion, as well as to visits the lawyers have with their clients in the prison.


Also scheduled to testify Tuesday are Navy Capt. Thomas Welsh, the staff judge advocate at the prison, and Army Col. John Bogdan, the compound commander.


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Intel Teases Set-Top Box to Compete With Cable



Intel is developing a set-top box that delivers video on demand and live TV over the internet, a move that would place it in competition with the likes of Roku and your local cable company.


There’s no word on who’ll provide the all-important content we’d see on such a box or what we’d pay for it when it appears later this year, but Erik Huggers, Intel’s corporate vice president of media, promises a “superior experience” to what is already hooked up to your TV.


Huggers, speaking at the Dive Into Media event Tuesday, said the new device will launch under its own brand under Intel’s new media division. The service and set-top box are a huge departure for a company that has made its name supplying chipsets to just about everyone and has a less-than-stellar track record bringing products to the consumer market.


The device and web-TV service will compete directly with cable and satellite providers by delivering live TV via the internet. The box also will offer video on demand and a feature called Catch Up TV, which also is available in the BBC iPlayer. That means everything that is broadcast on network or cable TV would be available to play whenever you like, making it something like a cloud-based DVR that records everything on your TV. In that way, Intel isn’t just gunning for content providers, but also for the Apple TV and Roku box.


That’s because Intel thinks you have too many devices plugged into your TV, and it’s positioning its as yet unnamed box as “an all in one solution” to handle all your content. Huggers mentioned Netflix, suggesting we might see the streaming service as a partner.


The chipmaker had long been rumored to be working on its own streaming service and device. Tuesday’s announcement puts those rumors to rest but raises many new questions. The most pressing is how is this different than what’s already on the market. For example, how will this be different than subscribing to cable and will it save viewers money?


Current cable and satellite services package channels and sell them as bundles. These bundles have been a huge financial pain for viewers, because you’re often paying for channels you don’t watch. And while Huggers was quick to point out that bundles aren’t going away, he did say, “if bundles are done right, I think there is real value in that. An opportunity to create a more flexible environment.”  A la carte programming is still a long way off, but Huggers hinted at a bundling scenario somewhere between a la carte and the current cable and satellite offerings.


Even with a smarter bundle, don’t expect to save money on your bill. The unnamed Intel box that isn’t an Intel-branded-box is “not a value play but a quality play to create a superior experience,” Huggers said. That experience includes a redesigned electronic program guide and camera that determines who is watching TV and adjusts the environment and suggestions based on who is watching. If you’re concerned about privacy and you watch TV in your underwear, you can turn it off. Other superior features and pricing were not discussed, but Intel has its work cut out for it. Winning this game is all about providing solid content.


This is a huge leap for a company known more for the silicon powering computers than selling devices directly to consumers. Intel has produced reference designs for ultrabooks, smartphones and Windows 8 device hybrids for third parties, but its own consumer products and services have been largely ignored. Most would be surprised, for example, to learn that Intel has an app store called AppUp and a small Mac mini competitor called the NUC. Intel’s problem isn’t necessarily making good products, it’s marketing them.


And while the company has been recruiting employees from Apple, Jawbone, BBC and Microsoft to create this new device and new division, it’s going to have to make sure people actually know about it. Plus it really will have to deliver a substantially superior experience to cable and other set-top boxes to end up connected to the HDMI ports of viewer’s HDTVs.


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Director Panahi defies Iran ban to make another film






BERLIN (Reuters) – Iran‘s Jafar Panahi has defied a 20-year ban on filmmaking to secretly co-direct “Closed Curtain“, a multi-layered portrayal of how restrictions on his work and movement have brought on depression and even thoughts of suicide.


The movie, in competition at the Berlin film festival, has its premiere on Tuesday, but Panahi was not expected on the red carpet despite festival organizers saying the German government had requested he be allowed to travel.






His co-director and compatriot Kamboziya Partovi did attend a press conference along with actress Maryam Moghadam, but would not be drawn on what the consequences of making the movie could be for Panahi or others involved.


“Nothing has happened up until now,” he said, speaking through an interpreter. “We do not know what the future holds for us.”


Moghadam acknowledged she was taking a risk by acting in a project involving Panahi, a darling of the Western film festival circuit and best known for his 2000 movie “The Circle” and “Offside” released six years later.


His socially engaged films about issues such as women’s rights in Iran and support for the political opposition have made him a target of the Iranian authorities.


In 2010 he was banned from making films for 20 years and sentenced to six years in prison for “propaganda against the system”, although he is now under house arrest.


Moghadam, who has dual Swedish and Iranian nationality, told Reuters she would try to continue travelling to Iran, where she had family. “I am not the only one (taking risks),” she said.


“Closed Curtain” is the second picture Panahi has made in defiance of the ban, and it remains to be seen whether the 52-year-old faces further punishment for a movie that has drawn major attention in Berlin.


“This is Not a Film”, made in 2011, was reportedly smuggled out of the country on a USB stick hidden inside a cake.


EMPTY VILLA, FEAR, FRUSTRATION


“Closed Curtain” is set in an empty villa in Iran, presumably beside the Caspian Sea.


A man, played by Partovi, arrives with his dog, and proceeds to draw the curtains and black out the windows, sealing himself off from the world outside and preventing the authorities – real and imagined – from seeing what was happening.


When the dog accidentally switches on the television, we see footage of stray dogs being rounded up and killed, explaining why he had to be smuggled in inside a bag and kept indoors.


A young man and woman, on the run from the police, burst in and the woman stays, but her existence and that of the man becomes unclear as viewers must decide if they are fictional characters in Panahi’s script or actual people.


The layers of reality multiply as Panahi himself arrives, and posters advertising some of his past movies are revealed beneath sheets before being covered up again.


In the allegory of Panahi’s life under house arrest and inability to work freely, we see him walking into the sea at one point, a reference to taking his own life.


“He was not constantly thinking about suicide, no, because then he wouldn’t have been able to make the film,” Partovi said. “But if I imagine myself unable to work and just sitting at home, then I am sure I would start to think about suicide.”


According to Partovi, “Closed Curtain” was made out of a desire to express oneself, even though it was unlikely to be seen by people inside Iran.


“It’s difficult to work, but not being able to work is even more difficult, and especially when you are at the height of your career. You become depressed, and I believe this is shown in the film and it comes through.”


The mood is one of frustration, fear and anger, as young people are rounded up for having parties and drinking alcohol.


“She is a young woman like many other women in my country,” Moghadam said of her character Melika.


“She is a symbol of many other young women who struggle,” added the actress, who was wearing a hat to cover her hair.


She said her character represented “the dark side of his (Panahi’s) mind … that part that doesn’t hope any more and wants to give up.”


(Reporting by Mike Collett-White)


Movies News Headlines – Yahoo! News





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Well: Straining to Hear and Fend Off Dementia

At a party the other night, a fund-raiser for a literary magazine, I found myself in conversation with a well-known author whose work I greatly admire. I use the term “conversation” loosely. I couldn’t hear a word he said. But worse, the effort I was making to hear was using up so much brain power that I completely forgot the titles of his books.

A senior moment? Maybe. (I’m 65.) But for me, it’s complicated by the fact that I have severe hearing loss, only somewhat eased by a hearing aid and cochlear implant.

Dr. Frank Lin, an otolaryngologist and epidemiologist at Johns Hopkins School of Medicine, describes this phenomenon as “cognitive load.” Cognitive overload is the way it feels. Essentially, the brain is so preoccupied with translating the sounds into words that it seems to have no processing power left to search through the storerooms of memory for a response.


Katherine Bouton speaks about her own experience with hearing loss.


A transcript of this interview can be found here.


Over the past few years, Dr. Lin has delivered unwelcome news to those of us with hearing loss. His work looks “at the interface of hearing loss, gerontology and public health,” as he writes on his Web site. The most significant issue is the relation between hearing loss and dementia.

In a 2011 paper in The Archives of Neurology, Dr. Lin and colleagues found a strong association between the two. The researchers looked at 639 subjects, ranging in age at the beginning of the study from 36 to 90 (with the majority between 60 and 80). The subjects were part of the Baltimore Longitudinal Study of Aging. None had cognitive impairment at the beginning of the study, which followed subjects for 18 years; some had hearing loss.

“Compared to individuals with normal hearing, those individuals with a mild, moderate, and severe hearing loss, respectively, had a 2-, 3- and 5-fold increased risk of developing dementia over the course of the study,” Dr. Lin wrote in an e-mail summarizing the results. The worse the hearing loss, the greater the risk of developing dementia. The correlation remained true even when age, diabetes and hypertension — other conditions associated with dementia — were ruled out.

In an interview, Dr. Lin discussed some possible explanations for the association. The first is social isolation, which may come with hearing loss, a known risk factor for dementia. Another possibility is cognitive load, and a third is some pathological process that causes both hearing loss and dementia.

In a study last month, Dr. Lin and colleagues looked at 1,984 older adults beginning in 1997-8, again using a well-established database. Their findings reinforced those of the 2011 study, but also found that those with hearing loss had a “30 to 40 percent faster rate of loss of thinking and memory abilities” over a six-year period compared with people with normal hearing. Again, the worse the hearing loss, the worse the rate of cognitive decline.

Both studies also found, somewhat surprisingly, that hearing aids were “not significantly associated with lower risk” for cognitive impairment. But self-reporting of hearing-aid use is unreliable, and Dr. Lin’s next study will focus specifically on the way hearing aids are used: for how long, how frequently, how well they have been fitted, what kind of counseling the user received, what other technologies they used to supplement hearing-aid use.

What about the notion of a common pathological process? In a recent paper in the journal Neurology, John Gallacher and colleagues at Cardiff University suggested the possibility of a genetic or environmental factor that could be causing both hearing loss and dementia — and perhaps not in that order. In a phenomenon called reverse causation, a degenerative pathology that leads to early dementia might prove to be a cause of hearing loss.

The work of John T. Cacioppo, director of the Social Neuroscience Laboratory at the University of Chicago, also offers a clue to a pathological link. His multidisciplinary studies on isolation have shown that perceived isolation, or loneliness, is “a more important predictor of a variety of adverse health outcomes than is objective social isolation.” Those with hearing loss, who may sit through a dinner party and not hear a word, frequently experience perceived isolation.

Other research, including the Framingham Heart Study, has found an association between hearing loss and another unexpected condition: cardiovascular disease. Again, the evidence suggests a common pathological cause. Dr. David R. Friedland, a professor of otolaryngology at the Medical College of Wisconsin in Milwaukee, hypothesized in a 2009 paper delivered at a conference that low-frequency loss could be an early indication that a patient has vascular problems: the inner ear is “so sensitive to blood flow” that any vascular abnormalities “could be noted earlier here than in other parts of the body.”

A common pathological cause might help explain why hearing aids do not seem to reduce the risk of dementia. But those of us with hearing loss hope that is not the case; common sense suggests that if you don’t have to work so hard to hear, you have greater cognitive power to listen and understand — and remember. And the sense of perceived isolation, another risk for dementia, is reduced.

A critical factor may be the way hearing aids are used. A user must practice to maximize their effectiveness and they may need reprogramming by an audiologist. Additional assistive technologies like looping and FM systems may also be required. And people with progressive hearing loss may need new aids every few years.

Increasingly, people buy hearing aids online or from big-box stores like Costco, making it hard for the user to follow up. In the first year I had hearing aids, I saw my audiologist initially every two weeks for reprocessing and then every three months.

In one study, Dr. Lin and his colleague Wade Chien found that only one in seven adults who could benefit from hearing aids used them. One deterrent is cost ($2,000 to $6,000 per ear), seldom covered by insurance. Another is the stigma of old age.

Hearing loss is a natural part of aging. But for most people with hearing loss, according to the National Institute on Deafness and Other Communication Disorders, the condition begins long before they get old. Almost two-thirds of men with hearing loss began to lose their hearing before age 44. My hearing loss began when I was 30.

Forty-eight million Americans suffer from some degree of hearing loss. If it can be proved in a clinical trial that hearing aids help delay or offset dementia, the benefits would be immeasurable.

“Could we do something to reduce cognitive decline and delay the onset of dementia?” he asked. “It’s hugely important, because by 2050, 1 in 30 Americans will have dementia.

“If we could delay the onset by even one year, the prevalence of dementia drops by 15 percent down the road. You’re talking about billions of dollars in health care savings.”

Should studies establish definitively that correcting hearing loss decreases the potential for early-onset dementia, we might finally overcome the stigma of hearing loss. Get your hearing tested, get it corrected, and enjoy a longer cognitively active life. Establishing the dangers of uncorrected hearing might even convince private insurers and Medicare that covering the cost of hearing aids is a small price to pay to offset the cost of dementia.



Katherine Bouton is the author of the new book, “Shouting Won’t Help: Why I — and 50 Million Other Americans — Can’t Hear You,” from which this essay is adapted.


This post has been revised to reflect the following correction:

Correction: February 12, 2013

An earlier version of this article misstated the location of the Medical College of Wisconsin. It is in Milwaukee, not Madison.

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