Obama struggles to nominate, confirm federal judges









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.


david.savage@latimes.com





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Looney Gas and Lead Poisoning: A Short, Sad History



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


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Poet-performer Jayne Cortez dies in NY at age 78






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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The New Old Age: Murray Span, 1922-2012

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.”

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Plane Carrying Vittorio Missoni Lost Near Venezuela





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 interior minister, Néstor Reverol, said Friday night on Venezuelan television that the plane, a BN2 Islander, took off from Los Roques at 11:29 a.m. and that its last known position was 10 nautical miles south of Los Roques, an archipelago that is a popular destination among wealthy Europeans, particularly Italians.


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.


In 2005, the company created a successful fragrance business with Estée Lauder and, under Mr. Missoni’s direction, expanded into the hotel business with the Rezidor Hotel Group. The first Hotel Missoni opened in Edinburgh in 2009.


William Neuman contributed reporting from Caracas, Venezuela, and Elisabetta Povoledo from Rome.



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Congress approves storm relief for Sandy victims









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.


richard.simon@latimes.com





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Eric Schmidt's North Korea Trip May Not Be as Ridiculous as It Sounds



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.”


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’56 UP’ Review: The Kids Are All Right – If Wrinkled, Heavier and Hurt by the Economy






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.


TV News Headlines – Yahoo! News




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U.S. Settles Accusations That Doctors Overtreated


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.


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Your Money: An Invitation to High School Seniors to Write About Finances





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.


“Students never used to write about this stuff,” said Angel Pérez, vice president and dean of admission and financial aid at Pitzer, which is in Claremont, Calif. “I think there is this new consciousness. It’s unlike anything I’ve ever seen.”


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.”


The more affluent ones, if they do understand it, struggle further when trying to put it into words. “When it becomes visible, it comes accompanied with a U-Haul full of guilt that they’re towing behind them,” he said. “Then, it forces them into various clichés.”



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