WASHINGTON — In September 2005, John G. Roberts Jr., a judge on the U.S. Court of Appeals for the District of Columbia, moved up a few blocks onto Capitol Hill to become chief justice of the United States. His seat on the appeals court has remained unfilled ever since.
The vacant seat symbolizes the problems that President Obama had in his first term in quickly nominating judges and winning even routine confirmations in the face of a determined Republican minority. He has had fewer judges confirmed than any first-term president in a quarter of a century, and he is the first chief executive unable to appoint anyone to the powerful D.C. Circuit Court of Appeals, which decides challenges to federal regulations.
Firmly in Republican control thanks in part to three appointees of President George W. Bush, the D.C. Circuit recently struck down clean-air rules put forth by the Obama administration for coal-burning power plants. It also threw out a "shareholder democracy" rule that would have made it easier for investors to vote for independent directors of public corporations. Both rules were strongly opposed by business interests.
Though the Constitution says judges are to be approved on a majority vote, the Republican minority used the Senate's 60-vote filibuster rule to slow or block confirmation of Obama's nominees. They included Caitlin Halligan, a former New York state solicitor general, who was nominated in 2010 to fill Roberts' seat on the D.C. Circuit.
Republicans said they opposed Halligan because, as a state attorney, she had argued in support of New York's suit against gun manufacturers. The National Rifle Assn. urged senators to block her, and she won only 54 votes, not enough to end a filibuster.
Obama said he was "deeply disappointed" at "the Republican pattern of obstructionism." But the filibuster was not invented by the Republicans.
When George W. Bush was president, the Democrats used the filibuster to block some of his nominees. Soon after taking office, Bush chose Miguel Estrada and Roberts for the D.C. Circuit. Both were well qualified and, if confirmed, were seen as likely nominees to the Supreme Court. Estrada, a native of Honduras, could have been the first Latino justice.
Republicans took seven tries but were unable to muster the 60 votes needed to break a Democratic filibuster against Estrada for the D.C. Circuit. In 2003, he withdrew his nomination. Roberts, avoiding controversy, was confirmed. But Bush put three more judges on the D.C. Circuit. In Bush's second term, then-Sen. Barack Obama from Illinois voted against the Supreme Court nominations of Roberts and Samuel A. Alito, and he joined a brief bid in 2006 to filibuster against Alito.
When Obama became president in 2009, his former Republican colleagues in the Senate were not inclined to swiftly or easily approve his nominees to the courts. Sen. Mitch McConnell of Kentucky, the GOP leader, repeatedly delayed votes on judges by invoking a different procedural rule. He refused to give unanimous consent to taking up nominations.
To compound the problem, Obama's team was slow getting started in 2009. The White House focused on winning approval for its first Supreme Court nominee, Sonia Sotomayor. But Obama made only 43 nominations to the lower courts in his first year, less than half the rate of Bush, who made 89 nominations.
The slow start combined with the GOP's go-slow approach to reduce Obama's impact.
When the 112th Congress adjourned last week, the Senate had approved 175 of Obama's judges. By comparison, Bush had 206 judges approved in his first term, and President Clinton had 204 judges confirmed during his first four years.
The number of court vacancies rose during Obama's term, from 57 to 75. During Bush's term, vacancies were reduced from 81 to 41.
Obama's team contributed to the delay by taking months to decide on nominations. But the White House says the Senate has taken far longer than normal to approve his nominees.
Under Bush and Clinton, judicial battles were mostly limited to the appellate courts. Under Obama, even district court nominees, who used to win quick approval, were held up. On average, it took 225 days for an Obama court nominee to win confirmation, up from 154 days in Bush's first term and 98 days in Clinton's.
On Thursday, the White House renominated 33 judicial candidates, including Halligan, who were left hanging when the Senate adjourned. They included nominees from Oklahoma and Maine who could not get a final vote despite strong support from their two home-state Republican senators.
Liberal advocates say the "slow walking" of Obama's nominees must change in the second term.
"We're hopeful. This level of obstruction is unacceptable and can't continue," said Marge Baker, vice president of People for the American Way.
Author’s note: Most people don’t realize that we knew in the 1920s that leaded gasoline was extremely dangerous. And in light of a Mother Jones story this week that looks at the connection between leaded gasoline and crime rates in the United States, I thought it might be worth reviewing that history. The following is an updated version of an earlier post based on information from my book about early 10th century toxicology, The Poisoner’s Handbook.
In the fall of 1924, five bodies from New Jersey were delivered to the New York City Medical Examiner’s Office. You might not expect those out-of-state corpses to cause the chief medical examiner to worry about the dirt blowing in Manhattan streets. But they did.
To understand why you need to know the story of those five dead men, or at least the story of their exposure to a then mysterious industrial poison.
The five men worked at the Standard Oil Refinery in Bayway, New Jersey. All of them spent their days in what plant employees nicknamed “the loony gas building”, a tidy brick structure where workers seemed to sicken as they handled a new gasoline additive. The additive’s technical name was tetraethyl lead or, in industrial shorthand, TEL. It was developed by researchers at General Motors as an anti-knock formula, with the assurance that it was entirely safe to handle.
But, as I wrote in a previous post, men working at the plant quickly gave it the “loony gas” tag because anyone who spent much time handling the additive showed stunning signs of mental deterioration, from memory loss to a stumbling loss of coordination to sudden twitchy bursts of rage. And then in October of 1924, workers in the TEL building began collapsing, going into convulsions, babbling deliriously. By the end of September, 32 of the 49 TEL workers were in the hospital; five of them were dead.
The problem, at that point, was that no one knew exactly why. Oh, they knew – or should have known – that tetraethyl lead was dangerous. As Charles Norris, chief medical examiner for New York City pointed out, the compound had been banned in Europe for years due to its toxic nature. But while U.S. corporations hurried TEL into production in the 1920s, they did not hurry to understand its medical or environmental effects.
In 1922, the U.S. Public Health Service had asked Thomas Midgley, Jr. – the developer of the leaded gasoline process – for copies of all his research into the health consequences of tetraethyl lead (TEL).
Midgley, a scientist at General Motors, replied that no such research existed. And two years later, even with bodies starting to pile up, he had still not looked into the question. Although GM and Standard Oil had formed a joint company to manufacture leaded gasoline – the Ethyl Gasoline Corporation - its research had focused solely on improving the TEL formulas. The companies disliked and frankly avoided the lead issue. They’d deliberately left the word out of their new company name to avoid its negative image.
In response to the worker health crisis at the Bayway plant, Standard Oil suggested that the problem might simply be overwork. Unimpressed, the state of New Jersey ordered a halt to TEL production. And because the compound was so poorly understood, state health officials asked the New York City Medical Examiner’s Office to find out what had happened.
In 1924, New York had the best forensic toxicology department in the country; in fact,, it had one of the few such programs period. The chief chemist was a dark, cigar-smoking, perfectionist named Alexander Gettler, a famously dogged researcher who would sit up late at night designing both experiments and apparatus as needed.
It took Gettler three obsessively focused weeks to figure out how much tetraethyl lead the Standard Oil workers had absorbed before they became ill, went crazy, or died. “This is one of the most difficult of many difficult investigations of the kind which have been carried on at this laboratory,” Norris said, when releasing the results. “This was the first work of its kind, as far as I know. Dr. Gettler had not only to do the work but to invent a considerable part of the method of doing it.”
Working with the first four bodies, then checking his results against the body of the last worker killed, who had died screaming in a straitjacket, Gettler discovered that TEL and its lead byproducts formed a recognizable distribution, concentrated in the lungs, the brain, and the bones. The highest levels were in the lungs suggesting that most of the poison had been inhaled; later tests showed that the types of masks used by Standard Oil did not filter out the lead in TEL vapors.
Rubber gloves did protect the hands but if TEL splattered onto unprotected skin, it absorbed alarmingly quickly. The result was intense poisoning with lead, a potent neurotoxin. The loony gas symptoms were, in fact, classic indicators of heavy lead toxicity.
After Norris released his office’s report on tetraethyl lead, New York City banned its sale, and the sale of “any preparation containing lead or other deleterious substances” as an additive to gasoline. So did New Jersey. So did the city of Philadelphia. It was a moment in which health officials in large urban areas were realizing that with increased use of automobiles, it was likely that residents would be increasingly exposed to dangerous lead residues and they moved quickly to protect them.
But fearing that such measures would spread, that they would be forced to find another anti-knock compound, as well as losing considerable money, the manufacturing companies demanded that the federal government take over the investigation and develop its own regulations. U.S. President Calvin Coolidge, a Republican and small-government conservative, moved rapidly in favor of the business interests.
The manufacturers agreed to suspend TEL production and distribution until a federal investigation was completed. In May 1925, the U.S. Surgeon General called a national tetraethyl lead conference, to be followed by the formation of an investigative task force to study the problem. That same year, Midgley published his first health analysis of TEL, which acknowledged a minor health risk at most, insisting that the use of lead compounds,”compared with other chemical industries it is neither grave nor inescapable.”
It was obvious in advance that he’d basically written the conclusion of the federal task force. That panel only included selected industry scientists like Midgely. It had no place for Alexander Gettler or Charles Norris or, in fact, anyone from any city where sales of the gas had been banned, or any agency involved in the producing that first critical analysis of tetraethyl lead.
In January 1926, the public health service released its report which concluded that there was “no danger” posed by adding TEL to gasoline…”no reason to prohibit the sale of leaded gasoline” as long as workers were well protected during the manufacturing process.
The task force did look briefly at risks associated with every day exposure by drivers, automobile attendants, gas station operators, and found that it was minimal. The researchers had indeed found lead residues in dusty corners of garages. In addition, all the drivers tested showed trace amounts of lead in their blood. But a low level of lead could be tolerated, the scientists announced. After all, none of the test subjects showed the extreme behaviors and breakdowns associated with places like the looney gas building. And the worker problem could be handled with some protective gear.
There was one cautionary note, though. The federal panel warned that exposure levels would probably rise as more people took to the roads. Perhaps, at a later point, the scientists suggested, the research should be taken up again. It was always possible that leaded gasoline might “constitute a menace to the general public after prolonged use or other conditions not foreseen at this time.”
But, of course, that would be another generation’s problem. In 1926, citing evidence from the TEL report, the federal government revoked all bans on production and sale of leaded gasoline. The reaction of industry was jubilant; one Standard Oil spokesman likened the compound to a “gift of God,” so great was its potential to improve automobile performance.
In New York City, at least, Charles Norris decided to prepare for the health and environmental problems to come. He suggested that the department scientists do a base-line measurement of lead levels in the dirt and debris blowing across city streets. People died, he pointed out to his staff; and everyone knew that heavy metals like lead tended to accumulate. The resulting comparison of street dirt in 1924 and 1934 found a 50 percent increase in lead levels – a warning, an indicator of damage to come, if anyone had been paying attention.
It was some fifty years later – in 1986 – that the United States formally banned lead as a gasoline additive. By that time, according to some estimates, so much lead had been deposited into soils, streets, building surfaces, that an estimated 68 million children would register toxic levels of lead absorption and some 5,000 American adults would die annually of lead-induced heart disease. As lead affects cognitive function, some neuroscientists also suggested that chronic lead exposure resulted in a measurable drop in IQ scores during the leaded gas era. And more recently, of course, researchers had suggested that TEL exposure and resulting nervous system damage may have contributed to violent crime rates in the 20th century.
Images: 1) Manhattan, 34th Street, 1931/NYC Municipal Archives 2) 1940s gas station, US Route 66, Illinois/Deborah Blum
NEW YORK (AP) — Jayne Cortez, a forceful poet, activist and performance artist who blended oral and written traditions into numerous books and musical recordings, has died. She was 78.
The Organization of Women Writers of Africa says Cortez died of heart failure in New York on Dec. 28. She had helped found the group and, while dividing her time between homes in New York and Senegal, was planning a symposium of women writers to be held in Ghana in May.
Cortez was a prominent figure in the black arts movement of the 1960s and ’70s that advocated art as a vehicle for political protest. She cited her experiences trying to register black voters in Mississippi in the early ’60s as a key influence.
A native of Fort Huachuca, Ariz., she was raised in the Watts section of Los Angeles. She loved jazz since childhood and would listen to her parents’ record collection. Don Cherry was among the musicians who would visit her home and her first husband was one of the world’s greatest jazz artists, Ornette Coleman.
Her books included “Scarifications” and “Mouth On Paper” and she recorded often with her band the Firespitters, chanting indictments of racism, sexism and capitalism. She performed all over the world and her work was translated into 28 languages. At the time of her death, she was living with her second husband, the sculptor Melvin Edwards.
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One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.
So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”
And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.
But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.
Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.
His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.
So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.
On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.
When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.
But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.
All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.
Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.
His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.
At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.
“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”
Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.
These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.
I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.
He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.
He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.
As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.
In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.
The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.
We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.
We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.
Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”
A small plane carrying four Italian tourists, including the head of the Missoni fashion business, disappeared off the coast of Venezuela on Friday morning, prompting a sea and air search that continued Saturday.
Vittorio Missoni, 58, an owner of the family-run label famed for its zigzag knitwear, and his wife, Maurizia Castiglioni, were aboard the plane, which was missing after takeoff from the island resort of Los Roques, the company confirmed Saturday. The plane was bound for the international airport near the Venezuelan capital, Caracas, normally a half-hour trip.
Venezuelan officials said that four passengers and two crew members were aboard.
The Missoni family is widely revered in the Italian fashion industry for its kaleidoscopic patterns applied over the years to sweaters, home furnishings, beach towels and even water bottles. A wildly popular collaboration with Target in 2011, which revitalized international interest in the label, included a Missoni-print bicycle.
The company was founded in the 1950s by Ottavio and Rosita Missoni, who by the 1970s were among the most prominent designers in Italian fashion. Their three children — Vittorio, Angela and Luca — took over the company in the 1990s, when the family business had lost some of its appeal, and they are credited with turning it around.
Missoni’s sales have been reported as modest, around $100 million annually, but the label has the prominence of a far bigger business as a result of the family’s dashing personalities. Mr. Missoni spearheaded the brand’s global expansion, first as general director of marketing and then as the company’s top executive in Italy and the United States.
A spokeswoman for Missoni said that the family had been informed by the Venezuelan Consulate that the plane had disappeared, but that they had not given up hope as the search continued. Italian news media staked out the company headquarters in Sumirago, Italy, in the foothills of the Alps, where the management met on Saturday. The news agency Ansa reported that family members were congregating in their nearby villa, while Luca Missoni had flown to Venezuela.
The company’s offices in Milan were closed on Saturday, but an employee, who declined to give her name, was answering the phones “because a lot of employees are calling to get information,” she said. “But we have very little news to tell them.”
Several Italian news broadcasts led with the disappearance of Mr. Missoni, noting that small planes have repeatedly taken Italian tourists to their deaths off Los Roques. One plane, carrying 14 people, 8 of them Italian, disappeared five years ago, on Jan. 4, 2008.
Mr. Missoni, an avid sport fisherman, and his wife were on vacation with friends, according to the company. The other passengers have been identified in Italian news reports as Elda Scalvenzi and Guido Foresti.
The Missoni siblings jointly own the company. Vittorio has managed the company’s commercial and manufacturing operations; Angela is the designer; and Luca the creative director.
Part of Mr. Missoni’s strategy has been to focus on the Missoni lifestyle, opening about 40 stores around the world and creating advertising campaigns featuring many of the family’s glamorous members. In one image, Margherita Missoni, a daughter of Angela, appears with Ottavio and Vittorio, who are relaxing on a zigzag weave couch. The family’s compound in Sardinia has been featured in countless articles.
WASHINGTON — Responding to the political furor over delays in disaster aid to the Northeast, Congress on Friday approved a $9.7-billion flood insurance measure, the first installment of potentially $60 billion in Superstorm Sandy relief.
The action comes after New Jersey Gov. Chris Christie and Rep. Peter T. King of New York, among others, blasted House Speaker John A. Boehner, a fellow Republican, for putting off a vote on a relief measure in the closing hours of the 112th Congress.
The House approved the bill, 354 to 67, with all the no votes coming from Republicans. It then passed the Senate on a voice vote. President Obama is expected to sign the measure.
Christie and New York Gov. Andrew M. Cuomo called the action a "necessary and critical first step" but "just a down payment" on aid for their states.
"It is now time to go even further and pass the final and more complete, clean disaster aid bill," they said in a joint statement.
Some $51 billion in additional aid is due to come before the House on Jan. 15. The funding is expected to go for such things as repairing the transportation system and other infrastructure and shoring up defenses against future storms. It also would pay for repairs to the docks and walkway at Liberty Island, where the Statue of Liberty remains closed. But the larger bill could run into resistance from conservative lawmakers.
Rep. Louie Gohmert (R-Texas) was among those who voted Friday against increasing the borrowing authority for the national flood insurance program, saying, "Yet again, it raised borrowing limits for a program that is currently insolvent without making cuts elsewhere so our grandchildren won't have to pay the bill."
House Budget Committee Chairman Paul D. Ryan (R-Wis.), also a no vote, called it "irresponsible to raise an insolvent program's debt ceiling without making the necessary reforms."
But Rep. Frank A. LoBiondo (R-N.J.) welcomed the vote and warned that "any additional delays in providing federal aid will be met with fierce resistance" from Christie and his state's congressional delegation.
Democrats were still fuming because it took 68 days after the storm made landfall for the House to act, and because a broader relief bill still must be approved.
"Talk about fiddling while New York City burns," said Rep. Nydia M. Velazquez (D-N.Y.).
"How dare you come to this floor and make people think everything is OK?" added Rep. Bill Pascrell Jr. (D-N.J.), addressing Republicans.
Rep. Sean Patrick Maloney (D-N.Y.), a freshman who was sworn into office Thursday, told colleagues, "I don't know all the rules of Washington, but it sure seems like the rule here is to put off until tomorrow what should be done today."
The conservative Club for Growth urged a no vote on the flood insurance measure, saying, "Congress should not allow the federal government to be involved in the flood insurance industry in the first place, let alone expand the national flood insurance program's authority."
The Federal Emergency Management Agency warned that without congressional action, funds available to pay claims would be exhausted next week.
In New Jersey alone, Sandy damaged or destroyed 346,000 housing units; of that, 72,397 were covered by the national flood insurance program, according to Rep. Christopher H. Smith (R-N.J.).
Sandy, a hurricane before the center of the storm made landfall Oct. 29 in New Jersey, caused more than 125 deaths in the United States.
Google chairman Eric Schmidt’s planned trip to North Korea promises few returns for the company’s shareholders. But for the world’s most locked-down country, where only a few thousand citizens have internet access at all, his visit could offer the strongest hint yet of North Korean leader Kim Jong-un’s tortured longing for openness.
To be sure, the gulf between Google and North Korea couldn’t seem wider.
“The face of probably the most important facilitator of borderless information in the world is going into the hyperstate for the control of information,” says Victor Cha, a director of Asian affairs for the National Security Council during the second Bush administration and now a senior adviser at the Center for Strategic and International Studies.
The past quarter-century has seen ex-presidents, diplomats, and the world’s most powerful nations try and fail to crack open North Korea’s totalitarian regime. During the visit reportedly planned for later this month, Schmidt will join former New Mexico Governor Bill Richardson for what Richardson described as a “private humanitarian visit” to free a detained U.S. citizen over the State Department’s objections.
Richardson told CBS that Schmidt’s presence on the trip had nothing to do with Google.
“I invited Eric. He is going as a private citizen,” Richardson said. “This is not a Google trip.”
Perhaps. “We do not comment on personal travel,” a Google spokeswoman said in response to questions.
But since stepping down as Google’s CEO in 2011, Schmidt has continued to serve as the search giant’s most visible public face. The significance of showing that face in Pyongyang isn’t lost on North Korea, Cha says.
“I don’t know if it’s a good opportunity for Google. But it’s a good opportunity for the North Korean leadership to signal to the world that they’re serious about going forward,” he says.
Cha accompanied Richardson to North Korea in 2007 as part of a team seeking the return of the remains of U.S. soldiers killed during the Korean War. He says about 4,000 North Koreans have internet access out of a population of 25 million. Even then, that access is tightly controlled and only granted in the interest of ensuring that at least some members of the ruling class are conversant in 21st century technology.
It’s also hard to imagine that 29-year-old Kim Jong-un, who was educated in the West, can resist the same tech that defines the lives of twentysomethings around the world. “He’s got to be interested in this stuff,” Cha says. But the risks are great: “As soon as he allows open access to it, he can kiss his leadership goodbye.”
Cha believes that piercing the information bubble could accomplish more than any diplomacy in bringing change to North Korea, which could soon face further sanctions over its successful launch of a long-range rocket last month.
But whether Google could provide the necessary needle also depends on what Google could get out of the deal. In a country where starvation is common and home computers aren’t, the company would seem to have little to gain.
“Google depends on making money from people who have money, and North Koreans don’t have a lot of it,” says Danny Sullivan, founding editor of Search Engine Land and a longtime Google watcher.
At the same time, a successful trip could cement Schmidt in the role of Google’s ambassador to the world. Google may have escaped its recent scrape with the FTC with nothing more than a hand slap, but it still has European regulators to contend with. As the company’s reach extends further around the world, having an international man of mystery with a jet at his disposal could come in very handy going forward. Already a fixture among the Davos set, with this trip Schmidt seems more ready than ever to embrace that role.
“He seems to be doing an exceptional job at government relations — note that Google has avoided antitrust problems, at least in the U.S.,” says Jeffrey Pfeffer, a professor of management at the Stanford Graduate School of Business.
Pfeffer says that while not common in the U.S., it’s typical in other parts of the world for CEOs to stick to their companies’ internal affairs while the chairmen interact with the outside world: “By all indications, this is working stunningly well for Google.”
LOS ANGELES (TheWrap.com) – It’s like catching up with old friends. They’re a little heavier than when we last saw them and have a few more wrinkles, but they’re still very much who they always were.
We know that because, even as we’re looking at their 56-year old selves up on the screen, it is intercut with footage of them at 7, 14, 21, 28, 35, 42 or 49 years old, answering the same question or explaining how they were feeling then.
“56 UP” is the latest installment in director Michael Apted‘s extraordinary documentary series that began in 1964 as “Seven UP,” a television documentary in Great Britain. That first film, on which a then young Apted (he’s now 71) served as a researcher, attempted to examine the British class system by profiling 14 kids, each one a 7-year old, who came from various strata in society.
The film, which opens Friday in New York and January 18 in L.A., took as its inspiration the Jesuit maxim, “Give me the child until he is seven and I will give you the man.”
Every seven years since then, even as he became a major Hollywood director (“The World Is Not Enough”), Apted has served as director of the series. Backed by a camera crew, he visits individually with members of the original group of interviewees to see how their lives are turning out.
In “56 UP,” 13 of the original 14 allowed Apted to interview and film them. (The only one missing is Charles Furneaux, one of three upper-class boys who sat together on a couch as 7 year olds and talked dismissively of “poor children.” He became a television documentarian himself – he produced “Touching the Void” – and has not participated since “21 UP.”)
The series would seem to indicate that England’s class system is still firmly in place. A few of subjects have moved up the social ladder; Sue Davis, a working class girl from London’s East End, has ended up a college administrator and Nick Hitchon, a Yorkshire farm lad, is now a university professor in the U.S.
One of the middle-class kids, Neil Hughes, who dreamed of being an astronaut at 7, had an apparent breakdown as young adult and has led a lonely and emotionally troubled life. He seems, though, at 56, to have found a small measure of contentment living in a small town, where he ekes out a minimal living as a local council representative.
In the “56 UP” installment, it’s clear that the recent worldwide recession and subsequent government austerity measures in the U.K. have affected several of the film’s subjects, costing them jobs, social benefits or putting a serious crimp in their retirement plans.
Many of the participants are now grandparents, some with a first spouse, some with a second. But Bruce Balden, a math teacher who didn’t wed until he was in his 40s, is at 56 the involved father to two young sons, who watch with amusement as their portly pop tries to erect a tent and play cricket.
One has the usual quibbles with the “UP” series: only four of the original 14 subjects were girls, which means the film has been limited in its ability to portray the feminist revolution. Only one participant, Symon Basterfield, was a person of color, which means the movie missed out on examining another major shift in the British population in the last half-century. And none of the kids turned out to be gay (or if they are, they’re not telling Apted), so that too is a missing element.
But overall, the “UP” series remains an amazing achievement. What’s most fascinating about the film is how everyone here, now well into middle age, is still completely engaged in life, is generally upbeat (despite some real struggles for several of them) and intends to carry on.
During the course of the film’s 144-minutes, as Apted skillfully cuts back and forth between his subjects now and then, it’s apparent that the more people change the more they stay the same. But, and this is where the series shines, it’s equally clear that people have an amazing capacity to change, grow and show enormous resilience when faced with daunting challenges.
A group of doctors who performed unusually high rates of heart procedures on patients at a community hospital in Ohio settled with the Justice Department over accusations that some of the procedures were medically unnecessary, federal regulators announced on Friday.
The settlement covered accusations that the doctors and the hospital, then known as the EMH Regional Medical Center, had billed Medicare for unnecessary medical care from 2001 to 2006. The hospital agreed to pay $3.9 million to settle the accusations, and the physician group, the North Ohio Heart Center, agreed to pay $541,870, according to a Justice Department statement.
Federal regulators had accused the doctors and the hospital of performing unnecessary procedures known as angioplasties, in which a clogged blood vessel is opened. The procedure often requires insertion of a device called a stent to keep the blood vessel from closing again.
Besides the cost to Medicare, “performing medically unnecessary cardiac procedures puts patients’ lives at risk,” said Steven M. Dettelbach, the United States attorney for the Northern District of Ohio, which was involved in the investigation. “Patient health and taxpayer dollars have to come before greed,” he said.
The high rate of heart procedures at the hospital was the subject of a front-page article in The New York Times in August 2006. Medicare patients in Elyria, Ohio, where the hospital is located, were receiving angioplasties at a rate nearly four times the national average, a figure that prompted questions from insurers and raised concerns about overtreatment.
The concerns included whether many patients in Ohio and elsewhere were receiving expensive and inappropriate medical treatments because of the high fees the procedures generated.
The settlement represents the latest in a series of actions brought against cardiologists and hospitals for performing questionable cardiac procedures. Patients typically have a choice of treatments, and many doctors say some individuals should be treated more conservatively with medicines rather than through costly procedures.
At the time, the Elyria cardiologists defended their high rates as a result of an aggressive style of medicine, and the doctors continued to defend the medical care they provided. They said the procedures they performed were medically warranted but might not have met the government’s guidelines for reimbursement.
“We choose to settle rather than go to court,” said Dr. John Schaeffer, the chairman of North Ohio Heart, which is now part of the hospital system, EMH Healthcare. The government did not single out any individual physicians, and neither the hospital nor the medical group said it disciplined any of the doctors.
“As the physicians on the ground when these decisions were made and the procedures were performed, we felt confident we were making the correct choices for our patients,” he said in a statement on the group’s Web site. “We still do.”
The former manager of the hospital’s catheterization lab, Kenny Loughner, filed a whistle-blower complaint in October 2006. Mr. Loughner, who will receive $660,859 from the settlement for alerting the government, described how doctors urged nurses and others to falsify complaints of chest pain to justify the unnecessary angioplasties. He also described the doctors’ technique of treating patients in stages, forcing patients to come back for multiple procedures.
The government did not include the accusations in its findings, the hospital said, and they are without merit.
In a separate statement issued by EMH Healthcare, the system’s chief executive, Dr. Donald Sheldon, said “no patients, to our knowledge, were ever at risk, and there is no question that the patients treated had heart disease and some degree of blockage.” The hospital also said it was conducting an external peer review of its cardiac care.
At the University of Michigan, one application essay talked about how local education cutbacks forced high school students to pay money to play team sports. As a result, the writer could no longer afford to play.
At Pitzer College, a student used the example of the Ponzi schemer Bernard L. Madoff to take a philosophical look at how much money people truly need to be happy.
As the economy has suffered in recent years and college costs have risen, high school seniors have grappled with the fallout in their own families and channeled their feelings into an increasing number of memorable college application essays about sacrifice, social policy and affluence or its opposite.
Given the Your Money team’s long-standing endorsement of raising the financial consciousness of the younger set, we wanted to see these writings for ourselves. So we’re asking high school seniors who are applying for college this year to send us application essays that have anything at all to do with money, working, class, the economy and affluence (or lack thereof).
We’ll read them all and publish the best on our Bucks personal finance blog.
There is more on our editorial criteria and the logistics down below, but if you’re trying to figure out what counts as a money essay, think broadly, as many applicants have in recent years. “An essay ought to try to fill in the gaps, to tell us things that we don’t know about you,” said Erica Sanders, managing director of the office of undergraduate admissions at the University of Michigan.
Your guidance counselor and teachers who are writing letters of support for your application may not know about or think to write about your family’s financial status, good or bad. “Maybe a parent had to move out of town for work, and the student writes about taking on more responsibility, that it allowed them to take on more leadership and to contribute to their family in a way that they didn’t even know was possible,” she added, echoing essays she’s read in recent years.
Even if your family has not struggled or become fabulously wealthy, an essay about your part-time job certainly qualifies. “Many of our engineering students will talk about building something and the costs of putting it together,” Ms. Sanders said.
Aside from the Madoff essay, Mr. Perez has read other Pitzer applicant essays and had other conversations with applicants about money and the economy in recent years that have stuck with him.
“One student last year was very affected by the whole conversation about the 1 percent,” he said. “He sent us his proposal for the tax code. The committee thought that this is someone who is clearly thinking about this in a critical way, is informed about what is going on the world and has done some dissecting of the information, and that’s the kind of student we’re looking for.”
The college essay is always a bit of a high-wire act. Harry Bauld, the author of “On Writing the College Application Essay,” which I credit with helping me get into college, paints a visceral, frightening picture of haggard admissions officers reading dozens of essays each day. Then, he asks readers to imagine that their application is 38th in the pile. How are you going to excite that person?
Writing about money can offer a bit of voyeuristic thrill in this regard, but it also poses its own particular challenges. “Most of my students are absolutely brilliant,” said Mr. Bauld, a high school English teacher at Horace Mann School in New York City and a former admissions officer at Columbia and Brown. “But they cannot see their own relationship to economic culture. It’s not comprehensible.”
Justin Bieber and his collection of exotic cars have been tantalizing targets for celebrity photographers ever since the young singer got his driver's license.
A video captured the paparazzi chasing Bieber through Westside traffic in November. When Bieber's white Ferrari stops at an intersection, the video shows the singer turning to one of the photographers and asking: "How do your parents feel about what you do?"
A few months earlier, he was at the wheel of his Fisker sports car when a California Highway Patrol officer pulled him over for driving at high speeds while trying to outrun a paparazzo.
This pursuit for the perfect shot took a fatal turn Tuesday when a photographer was hit by an SUV on Sepulveda Boulevard after taking photos of Bieber's Ferrari. And the singer now finds himself at the center of the familiar debate about free speech and the aggressive tactics of the paparazzi.
Since Princess Diana's fatal accident in Paris in 1997 while being pursued by photographers, California politicians have tried crafting laws that curb paparazzi behavior. But some of those laws are rarely used, and attorneys have challenged the constitutionality of others.
On Wednesday, Bieber went on the offensive, calling on lawmakers to crack down.
"Hopefully this tragedy will finally inspire meaningful legislation and whatever other necessary steps to protect the lives and safety of celebrities, police officers, innocent public bystanders and the photographers themselves," he said in a statement.
It remained unclear if any legislators would take up his call. But Bieber did get some support from another paparazzi target, singer Miley Cyrus.
She wrote on Twitter that she hoped the accident "brings on some changes in '13 Paparazzi are dangerous!"
Last year, a Los Angeles County Superior Court judge threw out charges related to a first-of-its-kind anti-paparazzi law in a case involving Bieber being chased on the 101 Freeway by photographer Paul Raef. Passed in 2010, the law created punishments for paparazzi who drove dangerously to obtain images.
But the judge said the law violated 1st Amendment protections by overreaching and potentially affecting such people as wedding photographers or photographers speeding to a location where a celebrity was present.
The L.A. city attorney's office is now appealing that decision.
Raef's attorney, Dmitry Gorin, said new anti-paparazzi laws are unnecessary.
"There are plenty of other laws on the books to deal with these issues. There is always a rush to create a new paparazzi law every time something happens," he said. "Any new law on the paparazzi is going to run smack into the 1st Amendment. Truth is, most conduct is covered by existing laws. A lot of this is done for publicity."
Coroner's officials have not identified the photographer because they have not reached the next of kin. However, his girlfriend, Frances Merto, and another photographer identified him as Chris Guerra.
The incident took place on Sepulveda Boulevard near Getty Center Drive shortly before 6 p.m. Tuesday. A friend of Bieber was driving the sports car when it was pulled over on the 405 Freeway by the California Highway Patrol. The photographer arrived near the scene on Sepulveda, left his car and crossed the street to take photos. Sources familiar with the investigation said the CHP told him to leave the area. As he was returning to his vehicle, he was hit by the SUV.
Law enforcement sources said Wednesday that it was unlikely charges would be filed against the driver of the SUV that hit the photographer.
Veteran paparazzo Frank Griffin took issue with the criticism being directed at the photographer as well as other paparazzi.
"What's the difference between our guy who got killed under those circumstances and the war photographer who steps on a land mine in Afghanistan and blows himself to pieces because he wanted the photograph on the other side of road?" said Griffin, who co-owns the photo agency Griffin-Bauer.
"The only difference is the subject matter. One is a celebrity and the other is a battle. Both young men have left behind mothers and fathers grieving and there's no greater sadness in this world than parents who have to bury their children."
Others, however, said the death focuses attention on the safety issues involving paparazzi
"The paparazzi are increasingly reckless and dangerous. The greater the demand, the greater the incentive to do whatever it takes to get the image," said Blair Berk, a Los Angeles attorney who has represented numerous celebrities. "The issue here isn't vanity and nuisance, it's safety."
The leader of the in-theater camcording gang known as the IMAGiNE Group was handed a 60-month prison term Thursday in what is the nation’s longest sentence in a file-sharing case.
The sentence handed to Jeramiah Perkins, 40, of Portsmouth, Virginia, surpassed one of largest file-sharing terms handed to IMAGiNE co-defendant Gregory A. Cherwonik, 53, of New York, who received 40 months in November for his role in the operation.
In all, five IMAGiNE members have pleaded guilty to conspiracy to commit copyright infringement for operating what prosecutors described as the world’s most prolific piracy release group between 2009 and 2011.
The Motion Picture Association of America said IMAGiNE was more successful than any other illegal internet release group because of its “short latency periods between the theatrical release and their pirated release, their consistently good quality of audio captures, their high volume of releases, and their connection to international suppliers.”
What’s more, the group sought “to be the premier group to first release to the internet copies of new motion pictures only showing in movie theaters,” according to the indictment. (.pdf)
According to Perkins’ plea agreement with prosecutors and accepted by U.S. District Judge Arenda Wright Allen of the Eastern District of Virginia, Perkins rented computer servers in France and elsewhere for the group, registered domain names and, among other things, created e-mail and PayPal accounts “to receive donations and payments from persons downloading or buying IMAGiNE Group releases of pirated copies of motion pictures and other copyrighted works,” the authorities said.
Group members would audio-record films such as Friends With Benefits and Captain America: The First Avenger. Others members would record the film at a theater with a camcorder. Then the sound and video would be combined into a full-featured movie, the authorities said.
Other films the group recorded and uploaded included The Men Who Stare at Goats, Avatar, Clash of the Titans, Iron Man 2, The Sorcerer’s Apprentice, and, among others, The Green Hornet.
The authorities said the group utilized servers in France, Canada and the United States to offer in-theater-only movies from websites like unleashthe.net, pure-imagination.us and pure-imagination.info.
The indictment said the group accepted donations “to fund expenses, including the cost of renting servers used by the conspirators, and to accept payments for the unauthorized distribution and sale of pirated copies of copyrighted works.” The indictment charged that the IMAGiNE Group’s websites included member profiles, a torrent tracker, discussion forums and a message board.
Sean Lovelady, 28, of California, was handed 23 months in October for his role. Willie Lambert, 57, of Pennsylvania, was given 30 months. A fifth defendant is expected to be sentenced in March.
LOS ANGELES (Reuters) – Steven Spielberg‘s presidential drama “Lincoln,” musical “Les Miserables” and Kathyrn Bigelow‘s Osama bin Laden thriller “Zero Dark Thirty” were among 10 films earning Producers Guild Award nominations on Wednesday, as the Hollywood awards season gathered momentum.
Ben Affleck and George Clooney, two of the producers behind Affleck’s Iran hostage drama “Argo,” and the team that brought Quentin Tarantino‘s darkly humorous slavery Western “Django Unchained” to the screen also won nods for the awards handed out by the Producers Guild of America.
The critically acclaimed James Bond blockbuster “Skyfall,” which last weekend surpassed $ 1 billion at the worldwide box office, got a big boost to its Oscar hopes when producers Barbara Broccoli and Michael Wilson were included.
They joined an eclectic list that featured Ang Lee’s shipwreck tale “Life of Pi,” and quirky comedy “Silver Linings Playbook.”
Wes Anderson’s “Moonrise Kingdom,” and mythical indie film “Beasts of the Southern Wild” rounded out the feature film nominations, the PGA said in a statement.
The Producers Guild Awards will be handed out at a ceremony in Los Angeles on January 26 and will be a key indication of Hollywood sentiment ahead of the Oscars on February 24.
Many of the PGA-nominated movies are expected to feature strongly on the list of Oscar nominations when those are announced on January 10. Eight of the movies are also in the running for best picture Golden Globe trophies on January 13.
But the PGA had nothing for “The Hobbit” from director Peter Jackson. It also left early awards hopeful “The Master” out of the running in a sign that the cult tale starring Philip Seymour Hoffman may be losing steam in Hollywood.
Batman movie “The Dark Knight Rises” also failed to make the list.
The PGA nominated the producers of five films for its animated movie honors – Tim Burton’s “Frankenweenie,” Disney family films “Wreck-it-Ralph” and “Brave,” and “ParaNorman” and “Rise of the Guardians.”
The PGA also named its picks for producers of television movies and miniseries. Ryan Murphy’s “American Horror Story,” the team behind HBO film “Game Change” about Sarah Palin’s 2008 vice presidential bid, and Britain’s modern twist on detective Sherlock Holmes “Sherlock” were among the five making the cut.
They were joined by “Hatfields & McCoys,” about a legendary family feud starring Kevin Costner who was also one of the producers, and the PBS chronicle of the 1930s drought “The Dust Bowl.”
(Reporting By Jill Serjeant; Editing by Mohammad Zargham)
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Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.
Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.
The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.
“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.
Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.
Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.
As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.
Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.
“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”
A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.
In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.
Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.
Consider the case of taurine, an additive used in most energy products.
On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.
But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.
Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.
Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.
The driller whose floating Deepwater Horizon oil rig blew out in 2010 to cause the nation’s biggest oil spill has agreed to settle civil and criminal claims with the federal government for $1.4 billion, the Justice Department announced Thursday.
The Deepwater Horizon exploded, burned and sank in April 2010. Eleven men were killed and millions of gallons of oil flowed into the Gulf of Mexico and fouled the shores of coastal states. The well, known as Macondo, was owned by British oil giant BP, which settled its own criminal charges and some of its civil charges in November for $4.5 billion.
While this settlement resolves the government’s claims against Transocean, that company and the others involved in the spill still face the sprawling, multistate civil case, which is scheduled to begin in February in New Orleans. In a deal filed in federal court in New Orleans, a subsidiary, Transocean Deepwater, agreed to one criminal misdemeanor violation of the Clean Water Act and will pay a fine of $100 million. Over the next five years, the company will pay civil penalties of $1 billion, the largest ever under the act.
As part of the criminal settlement, Transocean also agreed to pay the National Academy of Sciences and the National Fish and Wildlife Foundation $150 million each. Those funds will be applied to oil spill prevention and response in the Gulf of Mexico and natural resource restoration projects. The agreement will be subject to public comment and court approval. The company agreed to five years of monitoring of its drilling practices and improved safety measures.
In a statement, Transocean Ltd., the Switzerland-based parent of the rig owner, said that the company thought these were “important agreements” and called them a “positive step forward” that were “in the best interest of its shareholders and employees.” Of the 11 men killed on the rig, the company said, “their families continue to be in the thoughts and prayers of all of us at Transocean.”
The company announced in September that it had set an “estimated loss contingency” of $1.5 billion against the Justice Department’s claims.
Shares of Transocean Ltd. rose nearly 3 percent on the news, to close at $49.20.
In a statement, Lanny A. Breuer, assistant attorney general for the Justice Department’s Criminal Division, seemed to suggest that Transocean had played a subservient and lesser role in the disaster to that of BP: “Transocean’s rig crew accepted the direction of BP well site leaders to proceed in the face of clear danger signs — at a tragic cost to many of them.” He said that the $1.4 billion “appropriately reflects its role in the Deepwater Horizon disaster.”
Under a law passed last year, 80 percent of the penalty will be applied to projects for restoring the environment and economies of gulf states.
That fact was applauded by a coalition of Gulf Coast restoration groups, including the Environmental Defense Fund and the National Audubon Society. A joint statement called this “a great day for the gulf environment and the communities that rely on a healthy ecosystem for their livelihoods.”
Still, the penalty struck some experts in environmental law as somewhat light. David M. Uhlmann, who headed the Justice Department’s environmental crimes section from 2000 to 2007, praised the size of the civil settlement, which he said “reflects the scope of the gulf oil spill tragedy.”
He argued, however, that the criminal penalty should have been at least as onerous, “given Transocean’s numerous failures to drill in a safe manner, which cost 11 workers their lives and billions of dollars in damages to communities along the gulf.” The settlement, he said, should have included seaman’s manslaughter charges, which were part of the BP settlement.
As for the company’s role in following the lead of BP, he said, “following orders is not a defense to criminal charges.”
At the Environmental Protection Agency, Cynthia Giles, assistant administrator for the office of enforcement and compliance assurance, called the settlement “an important step” toward holding Transocean and others involved in the spill accountable. “E.P.A. will continue to work with D.O.J. and its federal partners to vigorously pursue the government’s claims against all responsible parties and ensure that we are taking every possible step to restore and protect the Gulf Coast ecosystem,” she said.
The multistate trial over claims in the Deepwater Horizon cases that have not been settled are scheduled to begin in February. Stephen J. Herman and James P. Roy, lawyers who represent the steering committee of plaintiffs in the cases, said that Thursday’s settlement did not change the case, and that the plaintiffs thought that BP, Transocean and Halliburton “will be found grossly negligent” at trial.
BP continued its longstanding argument that the accident, in the words of the spokesman Geoff Morrell, “resulted from multiple causes, involving multiple parties,” and that other companies had to shoulder their share of the blame.
Transocean, Mr. Morrell said in a statement, “is finally starting, more than two-and-a-half years after the accident, to do its part for the Gulf Coast.” He then turned his attention to the other major contractor on the well, and said, “Unfortunately, Halliburton continues to deny its significant role in the accident, including its failure to adequately cement and monitor the well.”
Beverly Blohm Stafford, a Halliburton spokeswoman, said that the company “remains confident that all the work it performed with respect to the Macondo well was completed in accordance with BP’s specifications for its well construction plan and instructions,” and so Halliburton, she said was protected from liability through indemnity provisions of its drilling contract.
“We continue to believe that we have substantial legal arguments and defenses against any liability and that BP’s indemnity obligation protects us,” she said. “Accordingly we will maintain our approach of taking all proper actions to protect our interests.”
Current TV, the struggling news/talk channel co-founded by former Vice President Al Gore, is in advanced talks to sell itself to Al Jazeera, the Qatar-based cable news company, a person close to the stituation confirmed.
An announcement regarding a sale could come as early as Wednesday afternoon. The talks were first reported by the New York Times.
Majority owned by Gore and his business partner Joel Hyatt, Current has been on the block for several months. The cable channel, which originaly focused on short-form documentary programs, has in recent years tried to rebrand itself as a news outlet for liberal viewers. The hope was that such a move would bring it more viewers and ad revenue.
However, when the high-profile hiring of commentator Keith Olbermann backfired, so did the channel's hopes of competing with other cable news outlets. Olbermann was pushed out after clashing with management last year.
The low-rated Current is avalable in 60 million homes, which has put it at a competitive disadvantage to the other cable news outlets including Fox News, MSNBC and CNN, all of which are in around 100 million homes.
For Al Jazeerza, which already operates an English-language version of its channel here, the purchase will give it a much broader platform. Its English-language service has very limited distribution in the United States.
The new owners may have to renegotiate distribution deals with pay-TV operators. As for programming, Al Jazeera is expected to bring a more international focus to much of the content on Current.
Follow Joe Flint on Twitter @JBFlint.
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The President Barack Obama administration does not have to disclose the legal basis for its drone targeted killing program of Americans, according to a Wednesday decision a judge likened to “Alice in Wonderland”.
U.S. District Court Judge Colleen McMahon of New York, ruling in lawsuits brought by the American Civil Liberties Union and The New York Times, said she was caught in a “paradoxical situation” (.pdf) of allowing the administration to claim it was legal to kill enemies outside traditional combat zones while keeping the legal rational secret.
The opinion comes months after 26 members of Congress asked Obama, in a letter, to consider the consequences of drone killing and to explain the necessity of the program. The use of drones to shoot missiles from afar at vehicles and buildings that the nation’s intelligence agencies believe are being used by suspected terrorists began under the George W. Bush administration and was widened by the Obama administration to allow the targeting of American citizens. Drone strikes by the Pentagon and the CIA have sparked backlashes from foreign governments and populations, as the strikes often kill civilians, including women and children.
In the end, however, the government’s claim of national security trumped the Freedom of Information Act. According to Judge McMahon:
… this court is constrained by law, and under the law, I can only conclude that the government has not violated FOIA by refusing to turn over the documents sought in the FOIA requests, and so cannot be compelled by this court of law to explain in detail the reasons why its actions do not violate the Constitution and laws of the United States. The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules — a veritable catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for their conclusion a secret.
Despite numerous public comments on the CIA’s drone attacks in far-flung locales such as Yemen from various government officials, including former CIA Director Leon Panetta, President Obama and Attorney General Eric Holder, the government is taking the position in court that it would have to eliminate you with one of its drones if it explained the legal basis of the program.
In 2011, Obama acknowledged particular CIA drone strikes at a Joint Chiefs of Staff ceremony. Within hours of the CIA drone strike that killed U.S. citizens Anwar al-Awlaki and Samir Khan in Yemen, the president publicly lauded the move as “another significant milestone in the broader effort to defeat al-Qaeda and its affiliates” and then acknowledged the U.S. government’s role, stating that “this success is a tribute to our intelligence community.”
The authorities have conceded, however, that a Justice Department Office of Legal Counsel opinion addresses the issue, but maintain that it does not have to be made public. “It is beyond the power of this court to conclude that a document has been improperly classified,” the judge wrote.
Politico’s Josh Gerstein, who first reported the opinion, notes that such a statement by the judge is false, and that in “very rare cases” judges “have done so.”
Meanwhile, survivors of three Americans killed in 2011 by targeted drone attacks in Yemen, including survivors of al-Awlaki, have sued top-ranking members of the United States government, alleging they illegally killed the three, including a 16-year-old boy, in violation of international human rights law and the U.S. Constitution.
The case directly challenges the government’s decision to kill Americans without judicial scrutiny.
The suit (.pdf) is being litigated by the Center for Constitutional Rights and the ACLU. It seeks unspecified damages and maintains the drone attacks have killed thousands, including hundreds of innocent bystanders overseas. (Other estimates of the campaign come to widely different conclusions.)
The suit, the first of its kind, alleges the United States was not engaged in an armed conflict with or within Yemen — prohibiting the use of lethal force unless “at the time it is applied, lethal force is a last resort to protect against a concrete, specific, and imminent threat of death or serious physical injury.”
LOS ANGELES (Reuters) – American pop singer Patti Page, whose 1950 hit “Tennessee Waltz” topped the charts for months, has died in Southern California, her manager said on Wednesday. She was 85.
Nicknamed “The Singing’ Rage,” Page sold more than 100 million albums in her 67-year career, which included 1950s chart toppers “(How Much Is That) Doggie in the Window,” “I Went to Your Wedding” and “All My Love (Bolero).”
She died on Tuesday in a nursing home in Encinitas, north of San Diego, after suffering congestive heart failure, her manager, Michael Glynn, told Reuters.
“She’d been having some health issues for the past couple of years,” Glynn said. “She was actually doing better yesterday. I spoke to her and she sounded well.”
Page won a Grammy for her 1998 album “Live at Carnegie Hall: The 50th Anniversary Concert” and will be honored with a lifetime achievement Grammy in February. She had expected to attend the ceremony, Glynn said.
Page was born in Oklahoma as Clara Ann Fowler in 1927 and was known for her light, every-girl voice. Her first big hit was “With My Eyes Wide Open, I’m Dreaming,” which peaked at No. 11 on the charts in 1950.
Eight years later, Page scored her penultimate top-10 song, “Left Right Out of Your Heart,” as rock ‘n’ roll was emerging as the dominant trend in popular music.
Her final big hit was “Hush … Hush Sweet Charlotte” in 1965. The song served as the theme of a film of the same name starring Bette Davis.
Her reputation was burnished in recent years when rock group The White Stripes covered her 1952 song “Conquest” on their Grammy-winning 2007 album “Icky Thump.”
She was married three times, most recently in 1990.
Page is survived by her two children, and several grandchildren and great-grandchildren.
(Reporting by Eric Kelsey; Editing by Jill Serjeant and Peter Cooney)
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The past year in fitness has been alternately inspiring, vexing and diverting, as my revisiting of all of the Phys Ed columns published in 2012 makes clear. Taken as a whole, the latest exercise-related science tells us that the right types and amounts of exercise will almost certainly lengthen your life, strengthen your brain, affect your waistline and even clear debris from inside your body’s cells. But too much exercise, other 2012 science intimates, might have undesirable effects on your heart, while popping painkillers, donning stilettos and sitting and reading this column likewise have their costs.
With New Year’s exercise resolutions still fresh and hopefully unbroken on this, day two of 2013, it now seems like the perfect time to review these and other lessons of the past year in fitness science.
First, since I am habitually both overscheduled and indolent, I was delighted to report, as I did in June, that the “sweet sport” for health benefits seems to come from jogging or moderately working out for only a brief period a few times a week.
Specifically, an encouraging 2012 study of 52,656 American adults found that those who ran 1 to 20 miles per week at an average pace of about 10 or 11 minutes per mile — my leisurely jogging speed, in fact — lived longer, on average, than sedentary adults. They also lived longer than the group (admittedly small) who ran more than 20 miles per week.
“These data certainly support the idea that more running is not needed to produce extra health and mortality benefits,” Dr. Carl J. Lavie, a cardiologist in New Orleans and co-author of the study told me. “If anything,” he said, “it appears that less running is associated with the best protection from mortality risk.”
Similarly, in a study from Denmark that I wrote about in September, a group of pudgy young men lost more weight after 13 weeks of exercising moderately for about 30 minutes several times a week than a separate group who worked out twice as much.
The men who exercised the most, the study authors discovered, also subsequently ate more than the moderate exercisers.
Even more striking, however, the vigorous exercisers subsequently sat around more each day than did the men who had exercised less, motion sensors worn by all of the volunteers showed.
“They were fatigued,” said Mads Rosenkilde, a Ph.D. candidate at the University of Copenhagen and the study’s co-author.
Meanwhile, the men who had worked out for only about 30 minutes seemed to be energized by their new routines. They stood up, walked, stretched and even bounced in place more than they once had. “It looks like they were taking the stairs now, not the elevators, and just moving around more,” Mr. Rosenkilde said. “It was little things, but they add up.”
And that idea was, in fact, perhaps the most dominant exercise-science theme of 2012: that little things add up, with both positive and pernicious effects. Another of my favorite studies of 2012 found that a mere 10 minutes of daily physical activity increased life spans in adults by almost two years, even if the adults remained significantly overweight.
But the inverse of that finding proved to be equally true: not fitting periods of activity into a person’s daily life also affected life span. Perhaps the most chilling sentence that I wrote all year reported that, according to a large study of Western adults, “Every single hour of television watched after the age of 25 reduces the viewer’s life expectancy by 21.8 minutes.”
I am watching much less television these days.
But not all of the new fitness science I covered this year was quite so sobering or, to be honest, consequential. Some of the more practical studies simply validated common sense, including reports that to succeed in ball sports, keep your eye on the ball; during hot-weather exercise, pour cold water over your head; and, finally, on the day before a marathon, eat a lot.
But when I think about the science that has most affected how I plan my life, I return again and again to those studies showing that physical activity alters how long and how well we live. My days of heedless youth are behind me. So I won’t soon forget the study I wrote about in September detailing how moderate, frequent physical activity in midlife can delay the onset of illness and frailty in old age. Exercise won’t prevent you from aging, of course. Only death does that. But this study and others from this year underscore that staying active, even in moderate doses, dramatically improves how your aging body feels and responds.
Aging also inspired my favorite reader comment of 2012, which was posted in response to a research scientist’s name. “‘Dr. Head,’” the reader wrote. “That shall be the name of my all-senior-citizen metal band,” which, if its members gyrate and vigorously bound about like Mick Jagger on his recent tour, should ensure themselves decades in which to robustly perform.
The only thing constant about Facebook is that it keeps changing. Just when you think you’ve figured out the interface to the world’s biggest social network, the engineers there update it again.
For the 600 million or so people who use their smartphones to stay on top of Facebook friends, recent weeks have been especially anxiety-producing. Recognizing some time ago that for many mobile users their Facebook phone app is their primary or only way of access, the company unveiled a barrage of new features that bring the mobile apps in line with the desktop browser version of Facebook.
Facebook created new versions of its official apps for Android and Apple phones and revamped its mobile-optimized Web site, m.facebook.com, which works for most other smartphones. Facebook says the mobile site actually has more users than the Android and Apple apps combined.
Some new features are easy to spot. Friends’ posts now include a Share option so you can repost their updates, pictures and links to your own timeline. But other features are more subtle, and take some poking around to figure out. I’m here to help.
The most significant change to Facebook’s mobile apps is that the News Feed, the real-time stream of updates from your Facebook friends, now provides the same sorting options as the desktop version: Top Stories and Most Recent. If you go a while without logging in, the app will set the sorting to Top Stories, which floats the updates from the friends with whom you interact the most to the top of the feed. If you’d rather see posts sorted with the newest always on top, tap the gear icon next to News Feed on the app’s main left-hand menu. (It can take a little practice to tap the gear rather than another control.) A menu will pop up that lets you choose your sorting preference.
Your photos now have a Make Profile Picture option, so you don’t need to go back to a full-size computer to turn a photo taken on your phone into your identifying image. With an iPhone, press and hold the picture to bring up the command; in Android phones, it’s an option in the overflow menu.
Facebook has also built its chat function into the mobile apps. Rather than the e-mail-like Message utility, Chat is designed for conversations in which both parties tap back and forth at the same time. To start a chat session, tap the human-silhouette icon in the upper right corner of the app. That will bring up a list of your friends who are available right now to start a chat session, either on their phones (indicated by a phone icon) or on their desktops (indicated by a green dot). There’s a Favorites list you can edit to list only the friends you message most, so you don’t have to pore through your entire list of available friends to find them every time.
Do you upload lots of photos to Facebook from your smartphone? You have two new options. First, you can now select more than one photo by tapping, to upload them together. You can also configure the app to automatically upload every image you shoot to a private album from which you can later share them with a couple of taps. To turn on this feature, called Photo Sync, go to your timeline and tap your Photos icon.
At the bottom right, look for the Synced button. Tap this, and the app will walk you through configuration of Photo Sync. Once you’ve enabled it, tapping Synced will display those photos that have been auto-uploaded from your phone to your account. You can choose at your leisure which ones to share, and they will be posted to your Facebook timeline instantly, rather than requiring you to wait through the upload process for each one separately as you go.
There are several new features for mobile status updates, too. You can tag friends in a post, just as on the desktop version of Facebook. Begin typing a friend’s name as it appears on a Facebook account, and the app will produce a list of friends’ names that match what you’re writing. Select the name, and Facebook will insert a blue link to the friend’s own page and also alert the subject.
