Sunday, June 30, 2013

Golf-U.S. PGA Tour AT and T National scores

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Source: http://feeds.reuters.com/~r/reuters/UKGolfNews/~3/lgxUq430lI4/golf-pga-scores-idUKISS04832120130629

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Saturday, June 29, 2013

Book Review : Brilliant Blunders: From Darwin to Einstein - Colossal Mistakes by Great Scientists That Changed Our Understanding of Life and the Universe by Mario Livio

Brilliant Blunders: From Darwin to Einstein - Colossal Mistakes by Great Scientists That Changed Our Understanding of Life and the Universe

Review by Allison Bohac

By Mario Livio

Web edition: June 28, 2013
Print edition: July 13, 2013; Vol.184 #1 (p. 30)

Even brilliant scientists have bad days. Consider chemist Linus Pauling, who described the alpha helix structure of proteins in 1951. When he attempted to do the same for DNA, however, he botched it ? badly. Among other problems, he flubbed the basic chemistry, proposing a structure for deoxyribonucleic acid that wasn?t an acid.

When asked about Pauling?s faulty DNA model, one of his contemporaries commented, ?You could not have written a fictional novel in which Linus would have made an error like this.?

Why Pauling stumbled is just one of the questions that astrophysicist Livio attempts to answer. Countless scientists have made major mistakes over the centuries, but Livio wisely focuses on gaffes from just five great minds: Pauling, Darwin, Einstein, astrophysicist Fred Hoyle and William Thomson, also known as Lord Kelvin.

Livio outlines the scientific context for each scientist?s work and pores
over personal correspondence and historical records to try to explain what went wrong. Hoyle, for instance, stubbornly dismissed the Big Bang model of the universe for decades, and Einstein failed to see the importance of his cosmological constant, which he had devised as a fix for general relativity. Though Livio can only speculate on the reasons behind these errors, his clear and compelling writing reinforces the important contributions each of these men made to their fields.

The double helix may have eluded Pauling, but his mistake helped to galvanize James Watson and Francis Crick into a concentrated effort to find the correct structure. Livio?s ultimate message is that blunders ? even big ones ? can play a role in scientific discovery.

Simon & Schuster, 2013, 341 p., $26

Source: http://www.sciencenews.org/view/generic/id/351302/title/Book_Review__Brilliant_Blunders_From_Darwin_to_Einstein_-_Colossal_Mistakes_by_Great_Scientists_That_Changed_Our_Understanding_of_Life_and_the_Universe_by_Mario_Livio

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Parisian etiquette, for shorts-wearing tourists and waiters alike

On tourism and snobbery in the French capital.

By Sara Miller Llana,?Staff writer / June 22, 2013

Cyclists ride by a flower bed on the opening day of the new pedestrian walkway area between the Orsay Museum and Alma Bridge on the left bank of the River Seine in Paris June 19. The Monitor's Europe Bureau Chief learns about Parisian etiquette in the French capital.

Charles Platiau/Reuters

Enlarge

The Paris weather suddenly turning from cold and damp to hot and steamy prompted a discussion on wearing shorts at a play center where I take my daughter on Wednesday afternoons.

Skip to next paragraph Sara Miller Llana

Europe Bureau Chief

Sara Miller Llana?moved to Paris in April 2013 to become the Monitor's Europe Bureau?Chief. Previously she was the?paper's?Latin America Bureau Chief, based in Mexico City, from 2006 to 2013.

Recent posts

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?I would never wear shorts,? said the older, impeccably dressed supervisor, to which I nodded in agreement. I would never wear shorts either.

But then she took it further. ?It?s shocking to me to see visitors wearing shorts in Paris, even when they come from countries where wearing shorts is normal. On the beach, that is one thing. But in Paris, one should respect local customs.?

And to that, I had to respectfully disagree.

I could only imagine the looks she gives tourists, in cut-off jeans or flower-motif bermudas, lining up to enter the Louvre or Notre Dame cathedral. Such looks aren?t kind. But they are all too common. And even if shorts might not be pretty on many a tourist who wears them, they hardly rank up there in offense with halter tops at mosques.

It is this type of attitude - one might call it snobbery ? that France?s promoters are seeking to undo in the tourism industry in a new campaign launched this week as summer arrives and the tourist season kicks off.

The Paris chamber of commerce and regional tourism committee have published a new manual sent off to 30,000 in the tourism industry called ?Do you speak touriste??

?The aim of this campaign is to focus on the quality of welcome that visitors receive in Paris, and to train professionals here to understand the differences between them,? Fran?ois Naverro from the regional tourism committee, told The Local, an English-language news site in France.

He added that over 30 million tourists come to France each year, and while almost all leave satisfied (96 percent) there is always room for improvement ? a waiter who could have been kinder, a shop clerk who could have been more helpful.

I entered the website of the campaign and found a slew of really handy information, such as conversion charts for miles and inches and shoe and shirt sizes between regions (as an American newly arrived in Paris, I plan myself on printing this out).

The site also allows you to click on a nationality to learn some basic greetings in foreign languages and about general cultural traits, like typical times for eating or preferences for greetings. Americans like to lunch at noon. And they like fast and direct service. Shaking hands is rare for Japanese. The British seek authentic experiences. Germans eat at 12:30 and value clarity of information. ?It?s interesting to compare cultural traits ? and to?look at?how the French generalize other cultures (I, for one, never eat before 1 p.m.)

I looked to see if there was anything written about shorts, or clothing choices in general for hot, tired tourists who have been on their feet all day ? perhaps having been on an overnight flight the night before. But unfortunately, that I did not find.

Source: http://rss.csmonitor.com/~r/csmonitor/globalnews/~3/JIYbvTuKVxw/Parisian-etiquette-for-shorts-wearing-tourists-and-waiters-alike

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Friday, June 28, 2013

Hernandez probed in two drive-by killings last year, sources say

Former New England Patriots tight end Aaron Hernandez will remain in jail after Superior Court Judge Renne Dupuis denied his bail appeal.

By Richard Esposito and Erin McClam, NBC News

Authorities are investigating whether Aaron Hernandez, the NFL star accused of murder in the recent shooting death of a friend, was involved in the drive-by killings of two men last year, sources told NBC News on Thursday.

The men, Daniel Abreu and Safiro Furtado, were shot to death from an SUV on July 16, 2012, after leaving a Boston nightclub.

Police put out a description of the SUV but never made an arrest. Abreu was driving in a BMW, and Furtado was in the passenger seat. One of three people in the backseat was also shot and survived.

Hernandez was charged Wednesday with first-degree murder in the execution-style killing earlier this month of Odin Lloyd, whose body was discovered in an industrial park not far from Hernandez?s home. Hernandez, an All-Pro tight end, was released by the New England Patriots after his arrest.

Prosecutors said he had summoned two friends from out of state before driving to pick up Lloyd and carry out the killing.

On Thursday, Hernandez was denied bail for a second time. Superior Court Judge Renee Dupuis said that the state?s case appeared ?circumstantial but very, very strong.? Hernandez was appealing a denial of bail by another judge the day before.

Prosecutors said they had uncovered four new pieces of evidence in less than 24 hours after searching a condo leased by Hernandez. They said they had found ammunition, a clip and a picture of Hernandez with a Glock handgun.

William McCauley, an assistant district attorney, also said that Hernandez had interfered with the investigation by home surveillance-camera video and instructing his girlfriend not to talk to investigators.

?The evidence of his guilt is overwhelming,? prosecutor William McCauley said.

Hernandez?s lawyers argued that he deserved bail because of his upstanding character and clean record, and because he was not a risk to flee. They noted that he stayed put last week, when rumors circulated in the media that Hernandez was about to be arrested. The judge was unmoved.

Considering the details of the case, ?The idea that I could release him on a bracelet and he would comply with court rules is not something that I am willing to accept,? Dupuis said. ?A bracelet just wouldn?t keep him here. Nor would $250,000.?

Hernandez watched from along one wall of the courtroom, standing behind a partition and shackled at the wrists. He has pleaded not guilty to the first-degree murder charge and five gun charges.

Meanwhile, authorities in Connecticut announced they had charged a second man in connection with Lloyd?s killing ? Carlos Ortiz of Bristol, the city where Hernandez grew up. Ortiz was charged as a fugitive from justice, appeared in court and agreed to return to Massachusetts, said Brian Preleski, the state?s attorney for New Britain.

Ortiz?s connection to the investigation was unclear, and the prosecutor gave no other details.

Prosecutors in Massachusetts laid out a detailed account of Lloyd?s killing on Wednesday but did not say who fired the fatal shot. They said that Hernandez was apparently upset that Lloyd, three nights earlier at a nightclub, was talking to people Hernandez had problems with.

Hernandez, 23, was being held at Bristol County Jail in Dartmouth, Mass., where the sheriff said he would be treated like any other inmate ? no workout equipment, no TV, no Internet access and, on the first night, spaghetti for dinner.

Mike George / Sun Chronicle / Pool / EPA

Former New England Patriots tight end Aaron Hernandez and lawyer Michael Fee in Attleboro District Court on Wednesday.

Prosecutors say Hernandez was still fuming from the nightclub dispute three days earlier when he orchestrated the killing June 17.

They said Hernandez and the two friends picked Lloyd up at his house at 2:30 a.m. Surveillance footage from Hernandez?s house shows him leaving earlier in the night with a weapon, they said.

They said Lloyd got into the car and texted his sister, ?Did you see who I am with,? and later added, ?NFL? and ?Just so you know.? Prosecutors said Thursday that they believe Lloyd sent the texts because he was concerned for his safety.

Later that morning, between 3:23 a.m. and 3:27 a.m., workers on the overnight shift at the industrial park reported hearing gunshots, authorities said. It was not clear who investigators believe fired the shots.

Prosecutors say security videos from Hernandez?s house show him with firearms after Lloyd was murdered and show a Nissan Altima ? the same type of car Hernandez had rented ? coming and going at the industrial park.

Surveillance footage captured Hernandez getting out of the car at his house at 3:29 a.m. with a gun, prosecutors say.

The Patriots cut him within hours after he was led from his home in handcuffs. The team had given Hernandez a five-year, $40 million contract last summer, including a $12.5 million signing bonus. The investigation also cost Hernandez his endorsement deal with CytoSport, the maker of the Muscle Milk supplement drink.

Former New England Patriots player Aaron Hernandez is charged in a Massachusetts court with murder and several counts of unlawful possession of firearms.

This story was originally published on

Source: http://feeds.nbcnews.com/c/35002/f/663306/s/2de39252/l/0Lusnews0Bnbcnews0N0C0Inews0C20A130C0A60C270C19170A3210Ehernandez0Eprobed0Ein0Etwo0Edrive0Eby0Ekillings0Elast0Eyear0Esources0Esay0Dlite/story01.htm

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98% A Hijacking

All Critics (59) | Top Critics (17) | Fresh (58) | Rotten (1)

To refuse to call A Hijacking a thriller is not to say it isn't thrilling, in a dryly cerebral way.

It's the second feature from the young writer-director Tobias Lindholm, and it showcases his gift for tightly focused stories told without an ounce of fat.

Lindholm doesn't present the film as a procedural for hostage negotiations because he knows too well that there are too many movable parts, too many things that can go wrong.

Methodical and tense ... has the feel of something based on real-life events ... boils down to an arresting portrait of two men, with different backgrounds and abilities, doing everything they can not to break.

We're impatient for action, any kind of action - but preferably the sort that involves a team of Navy SEALs, maybe led by Dwayne Johnson. Instead, we get something like a merger meeting.

Hand-held camerawork, so often a confounded nuisance, here makes the conditions on board the Rozen feel nauseatingly urgent.

When the gut-wrenching conclusion of A Hijacking comes in the form of a single, random act, it's only then you realize how far you've been pulled into its emotional core.

A Hijacking delivers all the thrills the title suggests, but in none of the places you'd expect them.

The danger never reaches the level of chaos, but the subtext and metaphor in the slow-moving humanistic commentary on the motivations and byproducts of capitalism make for an intriguing film.

A smart movie derived out of the small moments that collectively comprise the hostage experience, rather than grandiose gestures.

Lindholm's you-are-there docudrama works as a tense thriller, but themes of negotiation and the ability to empathize provide a rich subtext.

...slow, mostly talk, but tense and realistic...

The level of suspense in this riveting Danish thriller doesn't build in sweeping melodramatic fashion, but rather at a low-key simmer that emphasizes authentic character dynamics.

A Hijacking accomplishes a tricky task, generating tension through talk rather than action.

This absorbing chronicle of a hijacking in the Indian Ocean has the strengths of the best procedural dramas -- it assumes a distanced and objective tone and packs an emotional wallop.

Moment by moment we find ourselves wondering what will happen next...

Auteur Tobias Lindholm does a striking job in grabbing your attention and running with it as he succinctly tells the story of "A Hijacking."

A Hijacking is an absorbing, highly moving film that's lingered heavily on the mind for a couple of days now.

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Source: http://www.rottentomatoes.com/m/a_hijacking/

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Angelina Jolie, Matthew Vaughn Eyeing '300' Sequel Star Jack O'Connell for Lead Roles

By Jeff Sneider

LOS ANGELES (TheWrap.com) - Angelina Jolie's "Unbroken" isn't the only movie that "300: Rise of an Empire" star Jack O'Connell is testing for, as he's also in contention for the young lead in Matthew Vaughn's "The Secret Service," TheWrap has learned.

While John Boyega ("Attack the Block") and Christian Cooke (Cemetery Junction") are also in the mix, O'Connell is considered the frontrunner for the coveted role, though "Unbroken" would take priority should Jolie offer him the part.

Vaughn is mounting an adaptation of Mark Millar and Dave Gibbons' popular Marvel comic, which will star Oscar winner Colin Firth as a veteran secret agent who leads a young prot?g? into the shadowy spy business. Millar has described "Secret Service" as "James Bond meets My Fair Lady."

O'Connell has already tested for the role of Firth's nephew and insiders close to the process tell TheWrap that it went well, though they caution that Vaughn hasn't made a final decision yet.

The director had been eyeing his "Kick-Ass" star Aaron Taylor-Johnson for the role but his casting is considered a long-shot.

Vaughn's Marv Films banner is financing "Secret Service" and handling development in England, where O'Connell has earned a strong fan base thanks to his turn on "Skins." He also starred in such British hits as "This Is England," "Eden Lake," "Harry Brown" and "Tower Block."

Jolie's "Unbroken" is based on the bestselling book by "Seabiscuit" author Laura Hillenbrand. O'Connell is one of three actors testing to play American track star Louis Zamperini, who lived an incredible life that included surviving a plane crash only to become a POW in a Japanese prison camp during WWII.

O'Connell's competition for "Unbroken" includes Dane DeHaan and Alexander Dreymon, though it's possible Jolie could go in another direction and widen her search. Universal is distributing "Unbroken," which was recently rewritten by the Coen brothers.

What's interesting about these two projects is that Jolie's partner, Brad Pitt, produced Vaughn's "Kick-Ass" and starred in the Vaughn-produced thriller "Snatch." It's still early in the casting process, but it's possible both Jolie and Vaughn could pursue O'Connell's fall slot.

20th Century Fox plans to release "The Secret Service" on November 14, 2014. Vaughn, who last directed "X-Men: First Class" for Fox, is producing and directing from a script he co-wrote with frequent collaborator Jane Goldman. Vaughn's "Kick-Ass 2" producers David Reid and Adam Bohling are expected to be involved in a producing capacity. Shooting is scheduled to start this August overseas.

O'Connell was originally set to star in WB/Alcon's "Beautiful Creatures," but a visa issue stemming from legal trouble prevented him from shooting the film in America. He was eventually replaced by Alden Ehrenreich.

Warner Bros. will release "300: Rise of an Empire" on March 7, 2014.

O'Connell is repped by Conway van Gelder Grant and CAA, which had no comment several weeks ago when TheWrap first inquired regarding his screen test.

Source: http://news.yahoo.com/angelina-jolie-matthew-vaughn-eyeing-300-sequel-star-004221791.html

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Facebook Opens Signups To Android Beta Program So You Can Help Test And Improve Its Apps

facebook-android-logoToday Facebook announced it will soon begin taking signups for its new Facebook For Android Beta Program that uses Google Play's new beta system to push pre-release versions of its apps to users so they can help it catch bugs and offer feedback.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/mAWsT_iiXfs/

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How a Fridge Full of Beer That Only Unlocks for Canadians Gets Made

As part of a recent ad campaign, Canadian beer company Molson Candian took a fridge full of its special adult beverage all around Europe to share with the thirsty masses. But there was a catch?the only way to unlock the boozy treasure was by scanning a Canadian passport. And though you may have already seen the commercial itself making the rounds these past few days, chances are you haven't seen what's actually the coolest part of the whole campaign?how a Canuck-specific cooler gets made.

The video gives you a look into the fridge's entire construction; you get to see everything from the shiny red paint job to the passport scanner's wiring process. Of course, the latter is likely going to raise a few red flags for the more privacy-wary poutine enthusiasts, but it seems everyone in the commercial eventually found someone willing to swipe their Canadian passport. Because fortunately for Europe's native population, the one nationality they needed is the just aboot the nicest around. [Design Taxi]

Source: http://gizmodo.com/how-a-fridge-full-of-beer-that-only-unlocks-for-canadia-596858353

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Thursday, June 27, 2013

US mortgage rates jump to 2-year high of 4.46 pct.

A home is for sale in Glenview, Ill., on Sunday, June 16, 2013. The National Association of Realtors reports on a measure of the number of Americans who signed contracts to buy homes in May Thursday June 27, 2013. (AP Photo/Nam Y. Huh)

A home is for sale in Glenview, Ill., on Sunday, June 16, 2013. The National Association of Realtors reports on a measure of the number of Americans who signed contracts to buy homes in May Thursday June 27, 2013. (AP Photo/Nam Y. Huh)

(AP) ? U.S. mortgage rates have suddenly jumped from near-record lows and are adding thousands of dollars to the cost of buying a home.

The average rate on the 30-year fixed loan soared this week to 4.46 percent, according to a report Thursday from mortgage buyer Freddie Mac. That's the highest average in two years and a full point more than a month ago.

The surge in mortgage rates follows the Federal Reserve's signal that it could slow its bond purchases later this year. A pullback by the Fed would likely send long-term interest rates even higher.

In the short run, the spike in mortgage rates might be causing more people to consider buying a home soon. Rates are still low by historical standards, and would-be buyers would want to lock them in before they rise further.

But eventually, more expensive home loans could price some people out and slow the housing market's momentum, which has helped drive the U.S. economy over the past year.

"People are getting off the fence a little bit more or choosing to buy now instead of choosing to buy three months from now," said Anthony Geraci, a Cleveland real estate broker-owner who says he's seeing more sales activity lately in his market.

Mortgage rates are rising because they tend to track the yield on the 10-year Treasury note, a benchmark for most long-term interest rates. The 10-year yield began rising from near-record lows in May after speculation grew that the Fed might be closer to reducing its bond purchases.

In early May, the average rate on a 30-year mortgage was 3.35 percent, just above the record low of 3.31 percent.

But rates began to surge ? and stocks plunged ? after Fed Chairman Ben Bernanke made more explicit comments last week about the Fed's plans. He said the Fed would likely scale back its bond buying later this year and end it next year if the economy continued to strengthen.

The rate on 30-year loan soared from 3.93 percent last week to 4.46 percent this week ? the biggest one-week jump in 26 years.

The effect on buyers' wallets in just the past two months is striking.

A buyer who locked in a 3.35 percent rate in early May on a $200,000 mortgage would pay $881 a month, according to Bankrate.com. The same mortgage at a 4.46 percent rate would run $1,008 a month.

The difference: $127 more a month, or $45,720 over the lifetime of the loan. Those figures don't include taxes, insurance or initial down payments.

Jed Kolko, chief economist at Trulia, a real estate data analysis firm, thinks many would-be buyers will start to take note.

"Some buyers will reconsider jumping into the market; others will speed up their (home) purchases before rates go higher," Kolko said.

The rate hike comes at a critical time. Low mortgage rates have helped fuel a housing recovery that has kept the economy growing modestly despite higher taxes and steep federal spending cuts.

In May, completed sales of previously occupied homes surpassed the 5 million mark for the first time in 3? years. And those sales could rise further in June because the number of people who signed contracts to buy homes rose last month to the highest level since December 2006. There's generally a one- to two-month lag between a signed contract and a completed sale.

Greater demand, along with a tight supply of homes for sale, has driven up home prices. It's also led to more home construction, which has created more jobs and contributed to economic growth.

Lower rates have also inspired a refinancing boom over the past two years. Many homeowners have locked in rates below 4 percent. That has lowered their monthly payments, leaving them with more cash to spend elsewhere and fuel more economic growth.

The average rate on a 15-year fixed mortgage, a popular refinancing instrument, soared this week to 3.50 percent ? its highest point since August 2011 ? from 3.04 percent last week.

A report this week suggested that the economy might not be as strong as some had thought. The government cut its growth estimate for the January-March quarter to an annual rate of just 1.8 percent ? much lower than the 2.4 percent rate it estimated a month ago.

A key reason for the downgrade was that consumers spent less than previously thought. Less spending has led some economists to predict that growth will stay weak through the summer and fall short of the Fed's more optimistic forecast of 2.3 percent to 2.6 percent growth for all of 2013.

The downgrade for economic growth has cast some doubt on the likelihood that the Fed will reduce its stimulus later this year. Several Fed voting members have stressed in recent days that Bernanke's comments made clear that any pullback in bond purchases would hinge on the economy's performance, not a calendar date.

Those reassurances and solid, if not spectacular, economic data have helped boost stocks in recent days and reverse a jump in long-term interest rates. The yield on the 10-year Treasury note fell Thursday to 2.47 percent, down from its two-year high of 2.66 percent on Monday.

Geraci says he doesn't think higher mortgage rates will hurt a housing market in which there aren't nearly enough available homes in many areas.

"So buyers that find a nice home, no matter what the rates are, are going to move on it," Geraci said. "If there's enough supply, people might sit and wait a little bit and see if the rates come down."

Rising rates motivated Alex Backus to act two weeks ago and sign a contract on a $365,000 three-bedroom house in the Seattle suburb of Edmonds, Wash.

Backus, 30, had searched listings for two months before signing the contract. He locked in a 30-year loan at a fixed rate of 4.125 percent.

"Seeing that interest rates were starting to come back up, it seemed like now was the time to really start to get serious about buying a home," said Backus, an aerospace engineer.

___

Veiga reported from Los Angeles.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2013-06-27-Mortgage%20Rates/id-c525fd65fe724792a825a327a3023c2d

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Deal of the Day ? 27? HP ENVY 27 IPS-panel LED-backlit LCD monitor with Beats Audio

Tuesday’s LogicBUY Deal is the 27″ HP?ENVY 27 LED-backlit LCD monitor (model no. C8K32AA#ABA) for?$375.99. ?Features: 1920 X 1080 edge-to-edge screen with 178? horizontal and vertical viewing angles 10,000,000:1 dynamic contrast ratio, 250 nit brightness, 72% typical color gamut Inputs: VGA, DisplayPort, HDMI Beats Audio with 6W per channel Included cables:?5.9ft VGA, HDMI, audio 1-year [...]

Source: http://the-gadgeteer.com/2013/06/25/deal-of-the-day-27-hp-envy-27-ips-panel-led-backlit-lcd-monitor-with-beats-audio/

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Wednesday, June 26, 2013

How Facebook Explains User Data Bug That Leaked 6 Million People's Information

When Facebook admitted Friday that a year-old glitch had erroneously exposed 6 million users? contact information, the social network known for helping things go viral seemed to do its best to keep the news from spreading.

Though Facebook did take pains to email all 6 million people affected, the social network posted its announcement about the data leak just before 5 p.m. ET on a Friday afternoon -- on a Facebook page belonging to the company?s security team, rather than its main account, and with a deceptively boring title, ?Important Message from Facebook?s White Hat Program.?

Facebook noted that describing the cause of the bug "can get pretty technical," and proceeded with an explanation that seemed to befuddle tech writers, aficionados and users.

"Received this Note from Facebook via my private email. Concerned & don't understand !!! How do we know... who, what, when, where & how this happened? [sic]" asked one Facebook user. "That being said... How do we know it's been fixed? Will somebody help me to better understand!"

Yes, someone will. Here?s some context and analysis on what Facebook meant by its announcement -- and an exegesis of how a major tech company issues a non-apology mea culpa in the age of recurring privacy leaks.

facebook user data
facebook user data
facebook user data

Source: http://www.huffingtonpost.com/2013/06/25/facebook-user-data-bug_n_3492889.html

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Gay rights supporters erupt in cheers over ruling

WASHINGTON (AP) ? Chanting "DOMA is Dead," supporters of same-sex marriage burst into cheers Wednesday at news of the Supreme Court's decision invalidating part of a law denying gay marriage partners the same federal benefits heterosexual couples enjoy.

Sarah Prager, 26, cried when she heard the news standing outside the court. Prager married her wife in Massachusetts in 2011 and now lives in Maryland.

"I'm in shock. I didn't expect DOMA to be struck down," she said through tears and shaking. Prager was referring to the Defense of Marriage Act, signed into law by President Bill Clinton in 1996, which was aimed at preserving the legal definition of marriage as between a man and a woman.

A large crowd had thronged to the high court's plaza earlier to await not only the decision on DOMA, but also a ruling on whether a constitutional amendment in California prohibiting gay marriage could stand the test of challenge.

Most of the crowd that spilled across the sidewalk in front of the court were gay marriage supporters. One person held a rainbow flag and another wore a rainbow shawl, and a number of people carried signs with messages including "2 moms make a right" and "'I Do' Support Marriage Equality." Others wore T-shirts including "Legalize gay" and "It's time for marriage equality." At several points the crowd began a call and response: "What do we want? Equality. When do we want it? Now."

Larry Cirignano, 57, was in the minority with a sign supporting marriage only between a man and a woman. He said he drove four hours from Far Hills, N.J., because he believed all views should be represented. He said he hopes the court follows the lead of 38 states that have defined marriage as between one man and one woman

George Washington University student Philip Anderson, 20, came to the court with a closet door that towered above his head. He had painted it with a message opposing the federal Defense of Marriage Act, which defines marriage as between one man and one woman and which the court is considering. His door read: "This used to oppress me. Repeal DOMA; Now. No more shut doors."

Thirty-four-year-old Ian Holloway of Los Angeles got to the court around 7 a.m. to try to get a seat inside the courtroom. Holloway said he and his partner had planned to get married in March but when the justices decided to hear the case involving California's ban on gay marriage they pushed back their date.

He said, "We have rings ready. We're ready to go as soon as the decision comes down." Holloway said he was optimistic the justices would strike down Proposition 8, which banned gay marriage in California.

Source: http://news.yahoo.com/gay-rights-supporters-erupt-cheers-over-ruling-142802499.html

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Tuesday, June 25, 2013

'Active surveillance' may miss aggressive prostate cancers in black men

June 25, 2013 ? A Johns Hopkins study of more than 1,800 men ages 52 to 62 suggests that African-Americans diagnosed with very-low-risk prostate cancers are much more likely than white men to actually have aggressive disease that goes unrecognized with current diagnostic approaches. Although prior studies have found it safe to delay treatment and monitor some presumably slow-growing or low-risk prostate cancers, such "active surveillance" (AS) does not appear to be a good idea for black men, the study concludes.

"This study offers the most conclusive evidence to date that broad application of active surveillance recommendations may not be suitable for African-Americans," says urologist Edward M. Schaeffer, M.D., Ph.D., a co-author of the study. "This is critical information because if African-American men do have more aggressive cancers, as statistics would suggest, then simply monitoring even small cancers that are very low risk would not be a good idea because aggressive cancers are less likely to be cured," he says. "We think we are following a small, nonaggressive cancer, but in reality, this study highlights that in black men, these tumors are sometimes more aggressive than previously thought. It turns out that black men have a much higher chance of having a more aggressive tumor developing in a location that is not easily sampled by a standard prostate biopsy."

A report of the study, posted online and ahead of the print version in the Journal of Clinical Oncology, describes it as the largest analysis of potential race-based health disparities among men diagnosed with a slow-growing, very nonaggressive form of prostate cancer.

The Johns Hopkins study also showed that the rate of increased pathologic risk, as measured by the Cancer of the Prostate Risk Assessment (CAPRA), was also significantly higher in African-Americans (14.8 percent vs. 6.9 percent). The 12-point CAPRA score is an accepted predictor of biochemical disease recurrence based on blood levels of prostate specific antigen, Gleason score, lymph node involvement, extracapsular extension, seminal vesicle invasion, and positive surgical margins. Schaeffer and his team say their data suggest that "very-low-risk" African-Americans have different regional distributions of their cancers and appear to also develop more high-grade cancers. Researchers added that these tumors hide in the anterior prostate -- a region that is quite difficult to assess using current biopsy techniques.

All study participants, of whom 1,473 were white and 256 black, met current National Comprehensive Cancer Network (NCCN) criteria for very-low-risk prostate cancer, and were thus good candidates for AS. The study showed that preoperative characteristics were similar for very-low-risk whites and blacks, although black men had slightly worse Charlson comorbidity index scores, a commonly used scale for assessing life expectancy. Detailed analysis showed that black men had a lower rate of organ-confined cancers (87.9 percent vs. 91.0 percent), a higher rate of Gleason score upgrading (27.3 percent vs. 14.4 percent) and a significantly higher hazard of prostate-specific antigen (PSA) defined biochemical recurrence (BCR) of prostate cancer. The latter measure is widely used for reporting the outcome of surgical prostate removal.

According to Schaeffer, the median age of men in his study was 58, younger than the median ages (62 to 70) of most men in AS groups. And he cautioned that the age difference is a potential "confounder" of his results, highlighting the need for more studies to gauge the safety of AS.

Schaeffer, associate professor of urology, oncology and pathology at the Johns Hopkins University School of Medicine and director of global urologic services for Johns Hopkins Medicine International and co-director of the Prostate Cancer Multi-Disciplinary Clinic at The Johns Hopkins Hospital's James Buchanan Brady Urological Institute, emphasizes that "the criteria physicians use to define very-low-risk prostate cancer works well in whites -- this makes sense, since the studies used to validate the commonly used risk classification systems are largely based on white men." But, he adds, "Among the vast majority of African-American males with very-low-risk cancer who underwent surgical removal of the prostate, we discovered that they face an entirely different set of risks."

"Alternate race-specific surveillance entry criteria should be developed and utilized for African-American men to ensure oncologic parity with their white counterparts. Our research team, in collaboration with the internationally recognized Hopkins pathologist Dr. Jonathan Epstein, is currently developing new race-based risk tables that begin to solve this key issue," adds Schaeffer.

All of the men whose records were analyzed for the current study were selected from a group of 19,142 who had surgery at The Johns Hopkins Hospital between 1992 and 2012 to remove the prostate gland and some of the tissue around it.

Previous published research, Schaeffer says, revealed significant racial disparities in prostate cancer, with African-Americans having a much higher incidence of death from the disease than Caucasian men. According to the National Cancer Institute, black men have considerably higher incidence rates (236 cases per 100,000 from 2005 to 2009) than white men (146.9 cases per 100,000 per 2005 to 2009). The reasons for this are unclear.

"In the laboratory, we are developing new strategies to more accurately risk-classify African-Americans with newly diagnosed prostate cancer, in order to determine whether a patient should undergo active surveillance or have immediate treatment," says Schaeffer. "And we are beginning to work out the science behind why prostate cancers have a tendency to hide out in the anterior prostate, specifically in African-Americans."

Schaeffer says the main limitation to their study is that it is a retrospective analysis of the experience of a single academic medical center. "The results of our study do not support the universal rejection of AS in black men, but, rather, should promote future studies to address whether alternate race-specific surveillance entry criteria should be used for African-American men to ensure oncologic parity with their white counterparts," adds Schaeffer.

The study was financially supported by the National Institutes of Health's National Institute of Diabetes and Digestive and Kidney Diseases training Grant No. T32DK007552, the American Urological Association Foundation's Astellas Rising Star Award, and the Howard Hughes Medical Institute's Physician-Scientist Early Career Award.

Besides Schaeffer, other Johns Hopkins investigators involved in this study were lead investigator Debasish Sundi, M.D.; Ashley E. Ross , M.D., Ph.D.; Elizabeth B. Humphreys, M.D.; Misop Han, M.D.; Alan W. Partin, M.D., Ph.D.; and H. Ballantine Carter, M.D.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/most_popular/~3/Pn9kidrA6yA/130625150745.htm

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High Court Deals a Blow To Voting Act (WSJ)

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'Family Ties' creator Gary David Goldberg dies

NEW YORK (AP) ? Gary David Goldberg, who created the 1980s sitcom hit "Family Ties" and expanded into feature films, has died.

Goldberg died of brain cancer in Montecito, Calif., on Saturday, days before his 69th birthday, The New York Times reported.

Goldberg's TV successes also included the ABC comedy "Spin City," which in 1996 reunited him with "Family Ties" breakout star Michael J. Fox as the deputy mayor of New York City.

"With a full heart I say goodbye to my mentor, benefactor, partner, second father and beloved friend," Fox said in a statement on Monday. "He touched so many with his enormous talent and generous spirit. He changed my life profoundly."

A more modest hit for Goldberg yet much-acclaimed, CBS' "Brooklyn Bridge" (1991-93) was a tender comedy based on his experiences growing up in Brooklyn, N.Y. Marion Ross starred as a character inspired by his grandmother.

Goldberg's films included "Dad" (1989), starring Jack Lemmon and Ted Danson, as well as "Bye Bye Love" (1995) and "Must Love Dogs" (2005), which he wrote as well as directed.

His own dog, Ubu, contributed the name of his production company and was widely known from the onscreen credit where viewers heard the command, "Sit, Ubu, sit," then a bark.

Goldberg began his TV career in the 1970s as a writer for series including "The Bob Newhart Show," and was a producer of "Lou Grant."

In 1982 "Family Ties" premiered on NBC, introducing Michael J. Fox as a business-loving Young Republican son of left-wing baby boomers who were former hippies.

"Basically, those parents are me and Diana," Goldberg once said, referring to his wife, Diana Meehan, who survives him.

The series became a huge hit, making Fox a star and Goldberg an important behind-the-camera name.

During his career, Goldberg won two Emmy awards, two Golden Globes and a Peabody award.

Source: http://news.yahoo.com/family-ties-creator-gary-david-goldberg-dies-200720990.html

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Region's woes take center stage as refugee becomes 'Arab Idol'

By Erika Solomon

BEIRUT (Reuters) - The finalists of "Arab Idol" were as glamorous as Hollywood stars in their tuxedos and evening gowns, but their real lives couldn't be further from the bright lights of the stage.

The three hopefuls hailed from Syria, Egypt and the Palestinian territories - some of the world's most troubled and unsettled countries.

Palestinian Mohammed Assaf, crowned the winner on Saturday night, grew up in a refugee camp in the Gaza strip. He spent hours at border crossings and had to climb the studio's back fence to arrive in time to secure a spot in the competition.

"Spreading the words of young people and watching them achieve their dreams - this is much better than the sounds of gunfire that we are getting used to hearing in Palestine, Syria and around the Arab world," said a beaming Assaf after his win.

In Beirut, where the competition was held, outdoor cafes put up big screens and the sound of 24-year-old Farah Youssef's voice drifted down streets.

Youssef, from Syria, braved a treacherous terrain of gunmen and checkpoints to reach neighbouring Lebanon to sing on stage.

Aspiring stars from Morocco to Bahrain competed for a chance at a record deal in the second season of "Arab Idol". Across the region, audiences had been glued to their TV sets to watch the contestants, singing a mix of traditional Arab folk tunes and bubbly pop pieces, whittled down to the final three.

The show also proved a platform to air political and social statements.

"No one in the region talks about anything other than wars or Arab Idol," said Lebanese judge Ragheb Alama.

"These are the real ambassadors to these countries. With the regime changes happening in Arab countries, they are a spot of light amid the growing dark shadows."

Parwaz Hussein, a semi-finalist from Iraq's Kurdistan region, drew objections from some of the judges after listing her country as "Kurdistan". She began the competition singing Kurdish songs though she later switched to Arabic.

Numbering more than 25 million, the non-Arab Kurds are often described as the world's largest ethnic group without a state.

As crowds waving Palestinian flags rushed to lift Saturday's winner on to their shoulders, Hussein danced on to stage with the Kurdish flag. Security guards quickly tore it away from her.

Egyptian finalist Ahmed Gamal said the show had opened up room for discourse. "Arab Idol has offered us more than any politician has," he said. "That might be an important message."

In one of her final performances before the vote, Youssef surprised judges with a piece traditionally sung by men. She belted out "Songs of Aleppo", evoking memories of the ancient city before it was divided by conflict.

The young woman in a glittering emerald gown is a government supporter from Syria's minority Alawite sect, but has brushed off sectarian slurs and complaints she should not be competing for fame as her country is racked by a civil war that has claimed more than 93,000 lives.

"Our country is in pain, it doesn't need more people to cry for it, it needs people to bring it pride," she said.

(Additional reporting by Laila Bassam; Editing by Pravin Char)

Source: http://news.yahoo.com/regions-woes-centre-stage-refugee-becomes-arab-idol-103419795.html

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Monday, June 24, 2013

Migrating animals add new depth to how the ocean 'breathes'

June 24, 2013 ? The oxygen content of the ocean may be subject to frequent ups and downs in a very literal sense -- that is, in the form of the numerous sea creatures that dine near the surface at night then submerge into the safety of deeper, darker waters at daybreak.

Research begun at Princeton University and recently reported on in the journal Nature Geoscience found that animals ranging from plankton to small fish consume vast amounts of what little oxygen is available in the ocean's aptly named "oxygen minimum zone" daily. The sheer number of organisms that seek refuge in water roughly 200- to 650-meters deep (650 to 2,000 feet) every day result in the global consumption of between 10 and 40 percent of the oxygen available at these depths.

The findings reveal a crucial and underappreciated role that animals have in ocean chemistry on a global scale, explained first author Daniele Bianchi, a postdoctoral researcher at McGill University who began the project as a doctoral student of atmospheric and oceanic sciences at Princeton.

"In a sense, this research should change how we think of the ocean's metabolism," Bianchi said. "Scientists know that there is this massive migration, but no one has really tried to estimate how it impacts the chemistry of the ocean.

"Generally, scientists have thought that microbes and bacteria primarily consume oxygen in the deeper ocean," Bianchi said. "What we're saying here is that animals that migrate during the day are a big source of oxygen depletion. We provide the first global data set to say that."

Much of the deep ocean can replenish (often just barely) the oxygen consumed during these mass migrations, which are known as diel vertical migrations (DVMs).

But the balance between DVMs and the limited deep-water oxygen supply could be easily upset, Bianchi said -- particularly by climate change, which is predicted to further decrease levels of oxygen in the ocean. That could mean these animals would not be able to descend as deep, putting them at the mercy of predators and inflicting their oxygen-sucking ways on a new ocean zone.

"If the ocean oxygen changes, then the depth of these migrations also will change. We can expect potential changes in the interactions between larger guys and little guys," Bianchi said. "What complicates this story is that if these animals are responsible for a chunk of oxygen depletion in general, then a change in their habits might have a feedback in terms of oxygen levels in other parts of the deeper ocean."

The researchers produced a global model of DVM depths and oxygen depletion by mining acoustic oceanic data collected by 389 American and British research cruises between 1990 and 2011. Using the background readings caused by the sound of animals as they ascended and descended, the researchers identified more than 4,000 DVM events.

They then chemically analyzed samples from DVM-event locations to create a model that could correlate DVM depth with oxygen depletion. With that data, the researchers concluded that DVMs indeed intensify the oxygen deficit within oxygen minimum zones.

"You can say that the whole ecosystem does this migration -- chances are that if it swims, it does this kind of migration," Bianchi said. "Before, scientists tended to ignore this big chunk of the ecosystem when thinking of ocean chemistry. We are saying that they are quite important and can't be ignored."

Bianchi conducted the data analysis and model development at McGill with assistant professor of earth and planetary sciences Eric Galbraith and McGill doctoral student David Carozza. Initial research of the acoustic data and development of the migration model was conducted at Princeton with K. Allison Smith (published as K.A.S. Mislan), a postdoctoral research associate in the Program in Atmospheric and Oceanic Sciences, and Charles Stock, a researcher with the Geophysical Fluid Dynamics Laboratory operated by the National Oceanic and Atmospheric Administration.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/top_science/~3/NeinHNYdfDo/130624144822.htm

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Afghanistan reaffirms support for peace talks

KABUL, Afghanistan (AP) ? Afghanistan's government reaffirmed support Sunday for possible talks with its Taliban foes, but demanded full explanations on how the group was allowed to raise its flag in Qatar and display other symbols that have stalled the U.S.-led effort.

The ongoing dispute over the Taliban compound in Doha ? which the Afghan government said appeared as something akin to an embassy in exile instead of a political outpost when it opened ? underscore the extreme difficulties in just trying to launch dialogue after nearly 12 years of war in Afghanistan.

On Sunday, Taliban spokesman, Shaheen Suhail, reasserted the Islamic movement's dismay over the controversy and made it clear that the Taliban had made no offers or concessions following U.S. Secretary of State John Kerry's warning a day earlier that their newly opened office could be forced to close if the spat remained unresolved.

The Afghan peace process, which has made little headway since it began several years ago, is hobbled by distrust among the major players, with the Taliban steadfastly refusing to talk to the Afghan government. While talks with the Taliban remained stalled, there are signs of increasing efforts to get them back on track. U.S.-backed talks broke down nearly two years ago in a dispute over the release of five Taliban detainees held in U.S. custody at a military prison in Guantanamo Bay, Cuba.

With Afghan presidential elections and the withdrawal of most foreign combat troops looming in 2014, the long-stalled Afghan peace process has taken on added urgency. The Taliban have refused to negotiate with Afghan President Hamid Karzai's government, saying the U.S. holds effective control in Afghanistan, but the Americans are hoping to pave the way for talks between the two sides to begin before pulling out most of its forces.

Militants, meanwhile, persisted with their campaign of violence.

A roadside bomb killed seven Afghan national policemen around midday in the central province of Oruzgan, said district official Faiz Mohammad.

Two foreign troops also were killed in roadside bomb attacks Sunday in eastern Afghanistan, the NATO-led coalition announced, without providing further details.

The Obama administration said last week that the talks would begin with bilateral meetings between the Americans and Taliban representatives 'in a few days,' then eventually extend to include the Afghan government.

However, the Taliban's use of its old flag and a sign bearing the name of the Islamic Emirate of Afghanistan, which the movement used during its five-year rule that ended in 2001 with the U.S.-led invasion, at Tuesday's office opening in the Qatari capital brought sharp complaints across all party lines in Afghanistan.

The main U.S. envoy trying to spearhead the talks, James Dobbins, met with Qatari officials in Doha and planned to travel to Kabul on Monday in apparent bids at shuttle diplomacy.

Kerry used a stop in Qatar on Saturday to urge the Taliban to make good faith efforts to open talks and begin what he called the "difficult" road ahead. He also warned the Taliban may have to close their office if they don't negotiate in good faith.

Under pressure from Qatar, the Taliban lowered the flag and removed the sign.

In comments made hours before Kerry arrived in Doha on Saturday, Suhail had urged all sides to try to move the peace process forward and said negotiations were the way to a peaceful end to the conflict in his homeland. He said members of the Islamic movement are still having an internal discussion over whether to keep the flag lowered and rename their office the "Political Bureau of the Taliban Afghan in Doha," approved by both the U.S. and Qataris prior to Tuesday's official opening.

Security was boosted at the office on Sunday, but there were no apparent signs of meetings or other diplomatic activity, and no flag was visible from the street.

Suhail said in a telephone call on Sunday that the Taliban had been ready for talks with the United States followed by a dialogue involving all Afghan groups. He did not say what the Taliban thinking was as a result of the latest flap. However he made it clear that the Taliban have not changed their position on the presence of foreign troops in Afghanistan nor have they offered to allow foreign troops after 2014.

"Any side in the negotiations can bring their items to the table. Once talks start the Americans are free to bring their items to be discussed and we are free to bring our items to be discussed," said Suhail. "We have not said anything about foreign troops. Everyone, the American and Taliban side, are free to bring to the table whatever negotiation points they want."

Afghan Foreign Ministry spokesman Janan Mosazai said Sunday that Karzai's government remains willing to send a peace delegation to Doha to negotiate with the Taliban ? but only after it receives explanations over the office opening and assurances that the site does not suggest a diplomatic revival by the Taliban.

"The Afghan government remains fully committed to pursuing a process of peace negotiations with the armed opposition, including the Taliban, but within the confines of the conditions and the principles and the assurances that we have established," Mosazai told reporters in Kabul.

Karzai also suspended negotiations with the U.S. over a security agreement that would allow U.S. forces to stay in Afghanistan after 2014 as he demanded that the offending sign and flag be removed.

Both the U.S. and the Qataris said the Taliban had agreed on the pre-approved name but violated the pact at the ribbon cutting ceremony.

In an emailed statement Sunday, however, Taliban spokesman Muhammad Naeem said the use of the flag and name was "done with the agreement of the Qatari government."

"The statement which states that by using the name and raising the flag, the Islamic Emirate somehow violated an agreement... is completely false," Naeem said in an English-language statement.

The Qatari government had no immediate response.

The Afghan spokesman Mosazai said, however, that Afghanistan is still waiting for a full explanation from Washington and guarantees the Taliban will not attempt to revert to its formal name again.

He also suggested that after "initial contacts" between the Taliban and the United States, the Afghan government expects to lead official peace talks and would push to move them to Afghanistan.

The U.S. has already assured Karzai that the Taliban's use of its formal name and flag was in violation of agreements made in preparation for the opening of the office and that it was not acceptable, the Western official in Kabul said.

He also emphasized that idea has always been the idea that peace talks would be led by Afghans with other countries simply involved as facilitators.

In Tehran, Foreign Ministry spokesman Abbas Araghchi dismissed the U.S. role in peace talks, saying only negotiations among Afghan factions can help stabilize the country.

"Talks with a role by foreigners will not bear any fruit," he said.

Iran once considered the Taliban an enemy, but relations have improved as Tehran expanded its influence in Afghanistan over the past decade.

___

Associated Press writers Nasser Karimi in Tehran, Iran and Kathy Gannon in Islamabad, Pakistan contributed to this report.

Source: http://news.yahoo.com/afghanistan-reaffirms-support-peace-talks-200751481.html

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Legal Aid Antipathy, MoD Worries and Scrutinising Surveillance ...

Human rights roundup AGWelcome back to the UK Human Rights Roundup, your regular grape and strawberry?fondu?of human rights news. The full list of links can be found here. You can also find our table of human rights cases here and previous roundups here. Links compiled by Adam Wagner, post by Sarina Kidd.

This week, important figures criticise the legal aid reforms, the MoD may have to watch their back, surveillance activities threaten to challenge a number of laws and secret ?justice? is slammed once again.

Supreme Success for UKHRB rounder-upper

Daniel Isenberg (the other contributor of the UKHRB roundup)?has won the 2013?UK Supreme Court Blog essay competition. In his essay he discusses dissent and collegiality amongst Supreme Court judges. The first runner up, Michael Green, writes about the place of dissent in the future of common law.

Legal Aid and strong dissent

This week, the President of the Supreme Court weighed in on the Legal Aid debate. Lord Neuberger is concerned that a new legal aid regime with a costs structure, ?will drive out the best lawyers ? because good lawyers save money. Jim Duffy ?discusses this move further?on UKHRB.

Another notable weigh in has come from the Attorney General, Dominic Grieve QC. After failing to express support for the reforms when responding to a letter of protest sent by 145 specially appointed Government lawyers, Mr Grieve stated that the ?policy in this area is owned by the Lord Chancellor and not me? and that ?I will endeavour to ensure, as far as I can, that the decision he reaches in due course is a fully informed one?.?Jack of Kent describes such a response as ?astonishing stuff? and notes that ?it would seem that the Lord Chancellor cannot convince even the government?s own senior law officer of the merits of the criminal legal aid proposals?. More coverage in the Independent and Mail on Sunday, which also reports on Nick Clegg?s intervention.

Meanwhile, Mark Elliot, at Public Law for Everyone, briefly looks at three Legal Aid developments, including that of the Attorney-General?s response.

Highly recommended: Ilegality has ?compiled a list of personal blogger responses to the reforms, which date from the 9 April 2013.

Ministry of Defence to watch their back

In a landmark Supreme Court decision, it has been decided that families of soldiers killed in Iraq can pursue damages against the government. The judges ruled that families could make damages claims under human rights legislation and sue for negligence. BBC legal affairs correspondent, Clive Colman, describes the ruling as a ?major shift? which could now lead to more claims being made against the MoD.

Philip Hammond, the Defence Secretary, argues that the decision will cause military chiefs to live in fear of being sued. It seems that he is also considering a revocation and that the decision ?strengthens the case for Britain quitting the ECHR?.

The ruling came about after the human rights court ruled that jurisdiction can exist whenever a state exercises authority and control over an individual, therefore allowing the Supreme Court to overturn a previous decision. Joshua Rozenberg notes that ?this is an important advance in the law but one that can be seen as the logical extension on British service personnel abroad to respect both English law and international humanitarian law?.

See the UKHRB posts here and here.

Surveillance Concerns

In an excellent Guardian article, Anya Proops of 11KBW?discusses the legal repercussions of the recent revelations on the NSA?s PRISM surveillance program. She notes that an interference with privacy rights will not be lawful for Article 8 (right to privacy and family life) purposes if it is disproportionate, that is, ?the state cannot lawfully use a surveillance sledgehammer to crack a small albeit socially offensive nut.? She also discusses how NSA machinations will interact with the Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000 and concludes that if we fail to properly survey the state?s burgeoning state activities there will be a ?loss of personal liberty in the face of an increasingly data bloated and overweening state.?

The Guardian also?reports that senior figures inside British intelligence have been alarmed by GCHQ?s secret decision to tap into transatlantic cables in order to engage in the bulk interception of phone calls and internet traffic. Defenders have insisted that the programme heavily filters the mass of data so that only that relating to legitimate targets is analysed, but Nick Davies explains that there are doubts about the effectiveness of this. First, according to a UK source, ?written definitions for targeting are very elastic They are wide open to interpretation? and that ?there is further room for interpretation when human analysts become involved in using the filtered intelligence to produce what are known as ?contact chains?. Further, if the wrong government comes into power, abuse could follow due to the lack of independent scrutiny.

Abu Qatada finally off?

The King of Jordan has endorsed a treaty with the UK, which has subsequently been passed by the British Parliament. Once it receives Royal Assent, this should mean that the cleric, Abu Qatada, will leave ?for Jordan. Abu Qatada has indicated that he will not challenge deportation if the treaty is passed because the document guarantees him a fair trial. The Home Office has revealed that the 8 year legal fight to deport the cleric has cost taxpayers more than ?1.7m so far.

Secret ?Justice?

A decision by the Supreme Court to quash a HM Treasury Order has a number of interesting implications. In 2009, the Treasury made an Order, pursuant to the Counter Terrorism Act 2008, that all persons operating in the financial sector should not ?enter into, or?continue to participate in, any transaction or business relationship? with Bank Mellat, which shut down the bank?s UK operations. Judges have criticised the Government for not substantiating the need for a closed hearing in, with Lord Hope stating that by permitting a closed hearing without express Parliamentary approval the majority have ?crossed the Rubicon? and that ?secret justice at this level is not really justice at all?.

The Court?s reasoning also goes further than the European Courts in sanctions cases, and there are interesting dissents on various issues such as whether the statutory scheme displaces common law fairness and whether the reasons were disproportionate.

The UKHRB also has two posts on this matter here and here.

In other News

  • BBC 4?has initiated the ?Neuberger experiment??in which the President, with the help of law students at Durham University, attempt to discover whether male and female judges really do judge differently. This is in response to the criticisms over the fact that there are 12 judges in the Supreme Court but only one, Lady Hale, is a woman.
  • Dimitrina Petrova?discusses how the recent?Eremia?decision?as an important milestone in domestic violence jurisprudence . She explains, for example, how Article 14 ECHR has moved forward and further away from a ?formal equality? approach, and in the direction of recognising what she describes as ?institutional sexism?.
  • The DPP, Keir Starmer QC,?has published?final guidelines for prosecutors on the approach that should be taken in cases involving communications sent via social media.

Case Comments

  • Eutopia Law discusses how the recent CJEU ruling in ZZ v SSHD is to be welcomed ?for a clear steer to States as to the scope of disclosure in cases involving national security.? The court had been asked to consider the provisions for non- disclosure to appellants facing deportation contained in the procedural rules which govern the Special Immigration Appeals Commission (SIAC) in light of EU law.
  • The recent case of Nencheva and Others v Bulgaria rules that Bulgaria, in the mid 90s, breached Article 2 (right to life) in their treatment of 15 physically and mentally disabled young people.. The victims, who lived in a care home, died from the effects of the cold and shortages of food, medicines and basic necessities. The manager of the home had tried several times to alert the public institutions that funded the home to no avail.Over at the European Courts blogspot, this case is discussed along with a number of other recent cases. One is that of Gun and Others v Turkey, in which the applicants complained of the sentence and fine imposed on each of them for taking part in an illegal demonstration to mark the anniversary of the arrest of the head of the PKK terrorist organisation.

In the Courts

Upcoming Events

To add events to this list, email Adam Wagner. Please only send events which (i) have their own webpage which can be linked to, and (ii) are relevant to topics covered by the blog.

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Source: http://ukhumanrightsblog.com/2013/06/23/legal-aid-antipathy-mod-worries-and-scrutinising-surveillance-the-human-rights-roundup/

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Sunday, June 23, 2013

Immigration Battle Moves to the House (Powerlineblog)

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PFT: NFL rookies get harsh truth at symposium

Aaron Hernandez PicGetty Images

Police continue to investigate the murder of 27-year-old Odin Lloyd, and Patriots tight end Aaron Hernandez continues to get legal advice from a large, international, corporate firm with more than 1,000 lawyers.? If Hernandez ever ends up facing murder charges there?s one thing he needs more than anything else:? A lawyer who has tried many murder cases.

For now, Hernandez is represented by Michael Fee of Ropes & Gray.? Fee is the obvious choice from the firm?s broad corporate practice.? Basically, he?s the guy who represents the corporate muckety-mucks who get charged with ?white collar? crimes.

Fee?s online bio, the carefully-crafted practice summary prepared for every lawyer at every large firm, makes it clear that Fee has plenty of experience in criminal cases, but says nothing about murder cases.

Plenty of white-collar criminal defense lawyers at major firms started as prosecutors.? So did Fee.? But his online bio indicates he enforced laws regarding corruption from public officials, not laws against murder or related crimes.

At some point, Hernandez will need to realize that he may need something other than a white-collar criminal defense lawyer.? If he?s charged with murder, Hernandez will need someone who has tried murder cases.? Preferably as both the prosecutor and as the defense attorney.? It?s critically important to have a lawyer who knows from experience how these cases get put together, and how they can be taken apart.

Also, Hernandez arguably would be far better off with a lone Vincent LaGuardia Gambini-style wolf than a prominent partner in a prominent firm.? Lawyers in large firms can be almost as worried about the questions they?ll face from their colleagues as they are about getting a successful result for the client.? Cases can easily be overlawyered by folks who dread the ?Did you argue this?? Did you argue that?? Did you do this?? Did you do that?? inquiries they?ll face from jerk-store colleagues who like to point out in passive-aggressive fashion that they would have done a better job.

If Hernandez ever is charged with murder and if Fee ends up sitting at counsel table as the lead lawyer, he?ll possibly be out of his element ? but he?ll never be able to admit it.? The best (or perhaps worst) example of this comes from the defense fashioned by the late Vincent Fuller on behalf of Mike Tyson in 1992.? Fuller, a powerful lawyer at a big D.C. firm who represented Don King on tax evasion charges and proved John Hinckley was insane when he shot Ronald Reagan, had no experience handling rape cases in Indiana.? And it showed.? Fuller, as explained by Sports Illustrated at the time, painted Tyson as sex-crazed animal in order to show that Tyson?s victim had to know what was going to happen when she went to his hotel room.

The picture painted by Tyson?s own lawyer likely made it easier for the jury to send him to jail.

If Hernandez faces murder charges in Bristol County, Massachusetts, he needs someone who has prosecuted murder cases in Bristol County, Massachusetts (preferably with the person who?ll be prosecuting Hernandez), who has defended murder cases in Bristol County, Massachusetts (preferably against the person who?ll be prosecuting Hernandez), and who has practiced before the Bristol County judge who?ll preside over the case.? Even if Fee has none of those qualities, it will be tempting for Fee to explain to Hernandez that Fee can do the job, since Hernandez has one thing most murder defendants don?t ? a lot of money to pay the bill.

In the end, that money will be best spent on someone who knows the prosecutor well, knows the judge well, knows the courtroom well, and knows the ins and outs of crafting reasonable doubt in a Bristol County, Massachusetts murder case.

Actually, the smartest move could be to assume charges are coming and to hire that lawyer now.? It?s obvious that Hernandez being targeted for potential prosecution, at a minimum for obstruction of justice.? The sooner he?s getting advice from a uniquely-qualified person who?d handle a murder trial, the better.

For all anyone knows, Hernandez already is.

Source: http://profootballtalk.nbcsports.com/2013/06/22/rookie-symposium-message-most-of-you-will-be-gone-in-three-years/related/

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