Meyer zu Schwabedissen HE, Ware JA, Finkelstein D, Chaudhry AS, Mansell S, Leon-Ponte M, Strom SC, Zaher H, Schwarz UI, Freeman DJ, et al. Hepatology. 2011 Aug; 54(2):644-54. Epub 2011 Jun 26.
Source: http://www.ncbi.nlm.nih.gov/PubMed/23010650?dopt=Abstract
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It goes without saying: Apple's Maps app has been a bit of a disaster since its launch with iOS 6 earlier this month.
Although Tim Cook said it anyway in a note recently posted to Apple's website ? "We are extremely sorry for the frustration this has caused our customers and we are doing everything we can to make Maps better." ? those words didn't exactly gel with how Apple described its Maps app elsewhere on the site.
Specifically, Apple referred to Maps as, "the most beautiful, powerful mapping service ever."
We use the past tense when reporting that, however, as Apple has since updated its website to indicate that Maps is, in fact, not that. Don't let it be said that Apple doesn't care about the details (unless you're referring to Maps itself, we suppose).
As reported by Amit Agarwal, at his Digital Inspiration blog, Apple has since updated its description of its Maps app to omit any mention of Maps being amazing, awesome, or any hint that it's the top dog on the mapping market right now. In fact, the entire sentence praising Maps has been replaced with a new sentence that has nothing to do with the app's quality, but rather, its interface.
In total, the new paragraph reads:
"Designed by Apple from the ground up, Maps gives you turn-by-turn spoken directions, interactive 3D views, and the stunning Flyover feature. All in a beautiful vector-based interface that scales and zooms with ease."
Of course, Apple fans might not even notice Maps' "beautiful" interface if they take Cook's advice for dealing with an app that "fell short" of the company's stereotypically high standards. In his letter, Cook advises users to check out alternative mapping apps, including Bing (!), MapQuest, and Waze, if they don't want to just slap a link to Google Maps as a shortcut on the home screen of their iPhones.
Nevertheless, Apple's mea culpa over its Maps application appears to have finally come full circle. Until Apple fixes up the app ? and there's no direct ETA for that one just yet ? even the company itself appears to be shying away from calling its solution the best-in-class, a rare move for Apple.
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For more tech tidbits from David Murphy, follow him on Facebook or Twitter (@thedavidmurphy).
Source: http://feeds.ziffdavis.com/~r/ziffdavis/pcmag/breakingnews/~3/TFFtJSrzvi8/0,2817,2410401,00.asp
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SPRINGFIELD ? Buoyed by a big influx of cash from Republican state lawmakers and political action committees, Springfield statehouse candidate Joe Pishioneri has outraised his Democratic opponent John Lively by a ratio of more than 3-to-1 this year.
A presumptive underdog in the race to replace Terry Beyer ? a Democrat who isn?t seeking re-election ? in House District 12, Pishioneri has turned his cash advantage into a highly visible and aggressive campaign, stressing the ideological differences between himself and Lively on topics ranging from abortion to business taxes.
With a significant Democratic voter registration edge and a more recognizable name in the Springfield district, Lively hasn?t kept pace with Pishioneri?s fundraising and his campaign has been relatively low-key. His only criticism of Pishioneri so far has been for what Lively has categorized as ?negative, misleading attacks? in Pishioneri?s campaign materials.
With the election just over five weeks away, both sides are confident their respective strategies will pay off to land a legislative seat that Democrats have held since 1983, in a city that has a recent history of electing more registered Republicans than Democrats to nonpartisan city and county positions.
Fundraising gap
Pishioneri has raised almost $170,000 this year, of which more than $100,000 has come from statewide Republican PACs and the PACs of incumbent GOP Oregon lawmakers. That?s a significant sum for the Springfield city councilor. It is more than any of the other Lane County area House candidates ? incumbents and challengers ? have raised this year, except for House Co-Speaker Bruce Hanna of Roseburg, the leader of the House GOP caucus.
It rivals the amounts of money raised by Republican incumbents in a number of swing seats in the Portland area that the GOP wrested from Democratic control in 2010 to gain a 30-30 split in the Oregon House. All those candidates face tough re-election battles this year. Both parties want to erase the split and gain a clear majority in the House.
Springfield?s House seat ?is a very high priority for us,? Republican spokesman Nick Smith said this week.
The party has doled out so much money to Pishioneri?s campaign in part because he?s ?one of the best new candidates we?ve seen this year,? Smith said.
Moreover, Smith said House Republicans would also like to pick up another seat in Lane County ? in addition to Hanna retaining his seat ? a geographic area where state legislative races have long been dominated by Democrats.
?After Beyer?s resignation, this was a seat we looked very carefully at,? he said.
Lively, meanwhile, has lagged far behind Pishioneri in fundraising all year, and the gap between them widened over the summer. Lively, a former Springfield mayor, has raised just over $53,000 this year, of which about $20,000 has come from Democratic PACs and lawmakers.
?It?s a concern just because the gap is there,? Lively said. ?But from the beginning, I?ve made it clear to my supporters that we can?t outspend? Pishioneri.
Pishioneri began spending early in the campaign, with mailers and phone polling throughout the summer and with his first TV ad airing in late August. That?s in contrast to the more typical statehouse race in which candidates wait until after Labor Day to start in earnest.
Lively?s waged a relatively quiet campaign so far, with ?one or two different mailers? going out, according to Lively.
House Republican spokesman Smith said Pishioneri?s early spending stems from an assumption that the Lively name is much better known in the district.
Pishioneri ?understood that, and that it was very important to get out and put himself in front of voters,? Smith added.
Disputing the ads
Pishioneri?s campaign materials have irked some Democrats.
One Pishioneri mailer stated inaccurately that Lively is retired. Lively in fact works for the Eugene public relations firm Cawood. A mailer sent on Pishioneri?s behalf by Gayle Atteberry, executive director of Oregon Right to Life, claimed Lively supports abortions ?for any reason through all nine months of pregnancy.? Lively on Friday said he doesn?t support late-term abortions, with the possible exception of medical emergencies, and has never made any public statements that he does.
A Pishioneri TV ad and mailers have highlighted Lively?s opposition in the 1990s to Eugene?s ?Toxics Right To Know? environmental reporting program for business. Lively spoke against the city ordinance in his role as spokesman for the Hyundai computer chip plant.
House Democratic spokesman Jared Mason-Gere said these slams by Pishioneri have given Lively ammunition to fight back.
But Lively said that, despite ?concerns? of others, to do so ?is not my style.?
?That?s how I?ve conducted myself my whole career,? he said. ?I don?t go there.?
When Lively did publicly criticize Pishioneri earlier this month for Pishioneri?s ?misleading? messages, Pishioneri responded that he was simply giving voters a clear picture of the two candidates? positions on ?important policy issues.?
Voters should know that, unlike Lively, Pishioneri is anti-abortion, opposes tax-increase Measures 66 and 67, and favors more ?school choice? options, his campaign argued in a prepared statement. Measures 66 and 67, which raised taxes statewide on corporations and high income earners, were comfortably approved by voters in a 2010 special election.
?This is what campaigns are about: letting the voters know about who they are electing,? Pishioneri said.
Whether Pishioneri?s positions will resonate with Springfield voters remains to be seen. Last year?s legislative redistricting increased the percentage of registered Republicans in the district, but only slightly. Registered Democrats make up about 41 percent of the district?s voters, compared to 29 percent of registered Republicans.
Mason-Gere said that the majority of Springfield voters supported Measures 66 and 67, and are pro-choice on abortion.
The Springfield district ?is certainly not south Eugene, but we believe Lively?s values are in line with the district?s,? he said.
Therefore, Mason-Gere said he believes that Pishioneri?s campaign hasn?t hurt Lively.
?If the opposition had thrown around serious charges that had the opportunity to really change the perception of (Lively) in the district, we might have had to punch back a lot harder,? he added.
Betsy Schultz, Pishioneri?s campaign manager, disagrees with Mason-Gere??s assessment.
The campaign has done ?research and polling? that indicates Pishioneri?s positions on those issues reflect the views of most Springfield residents, she said.
Still, Pishioneri?s latest television ad takes a different tack. Anchored by former Springfield mayor and current Lane County Commissioner Sid Leiken, it focuses on Pishioneri?s work as a city councilor ?to keep government spending under control? and to help bring jobs to the area.
Pishioneri ?has been close to the current policies of the city,? Schultz said, as part of the current council that has a majority of registered Republicans and has taken a number of ?pro-business? positions in recent years.
?It seems (Springfield voters) want fiscal responsibility and want people who will work across party lines,? she added.
Cash gap may close
The visibility advantage that Pishioneri has maintained in the race so far may be lessened or reversed in the five weeks leading up to the campaign.
The Republican candidate has just over $5,800 left in the bank as of Friday, compared with about $11,700 for Lively.
And, heading into the election?s home stretch, the House Democrats? Future PAC has more than $650,000 on hand to spend on House races statewide, more overall than the PACs that support Republican House candidates.
Mason-Gere, the House Democrats? spokesman, said that, generally, the caucus ?is getting spending out later in the (election) cycle? in races across the state than Republicans.
?We feel we connected with more people later in the cycle,? he said.
Lively said he expects to step up his campaign spending in coming weeks. He ruled out buying either TV or radio ad spots, however, saying he will focus on targeted mailers and door-to-door campaigning.
Despite Pishioneri?s fundraising advantage, Lively said he was ?satisfied? with the support he has received from the House Democrats.
Schultz, Pishioneri?s campaign manager, said she couldn?t comment on the campaign?s future spending, but she said she was confident that it would continue its successful run of fundraising.
The support from the Republican establishment for Pishioneri ?is really a reflection of the support he has in the district,? Schultz said.
district 12 Campaign contributions
BIG DONORS TO JOE PISHIONERI
Promote Oregon Leadership PAC: $42,501 (GOP PAC funded by insurance, pharmaceuticals, banking, cable TV, railroad and health care industries)
Oregon Victory PAC: $20,000 (GOP PAC funded by Oregon business leaders, including lumberman Aaron Jones, investor Don Tykeson, real estate owner Gretchen Pierce and developer John Hammer)
GOP House leader Bruce Hanna: $11,200
Rosboro Lumber: Springfield mill gave $3,985
John Hyland Construction: $3,600
Oregon Right to Life PAC: $2,670 (opposes abortion)
Oregon Family Council PAC: $1,567 (opposes abortion and gay marriage
Richard Boyles: $1,000 (Gateway hotel owner)
Seneca Jones Timber Co. (Aaron Jones): $1,000
BIG DONORS TO JOHN LIVELY
Oregon Education Association: $9,127 (teachers union)
Friends of Terry Beyer: $9,000
Future PAC: $7,780 (Democratic PAC funded by labor unions, including AFSCME, Service Employees International Union)
Service Employees International Union: $4,827 (state employees union)
Oregon State Council of Firefighters: $1,250
Lane County Labor Council: $500
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By Peter Rakobowchuk
MONTREAL ? Colin Franklin remembers the challenge of starting from scratch to build the Alouette-1 satellite, which launched Canada as a space-faring nation 50 years ago.
When it went into orbit in 1962, Canada became the third country in the world, after the then-Soviet Union and the United States, to have a satellite in space.
At 31, Franklin was chief electrical engineer and the oldest member of the team in 1959 when work began on the satellite to signal the beginning of Canada?s space history.
?Most people working on the project were younger than that,? Franklin said in an interview. ?I remember somebody sarcastically commenting that we were the farm team.?
Alouette-1 was launched by NASA from Vandenberg Air Force Base in California on Sept. 29, 1962.
Franklin says that from the very start, the project had its doubters, with many experts considering it too ambitious.
?The spacecraft was complex and exceptionally advanced for the technology of the time,? he said. ?In fact NASA considered it too advanced for the available technology.
?NASA was skeptical the thing would work, but nevertheless they supported us.?
But Franklin, now 84, says the U.S. space agency was keen on having international partners and suggested that Canada go ahead ? even though the satellite program had to be developed from scratch.
?Transistors were just in their infancy in those days (and) there were no textbooks and virtually nothing in the way of reports and there was really nobody else to go to at the time.
?We were really having to develop a new art in space mechanics and space electronics because there was very little precedent for what we were doing.?
Franklin says the program was sold to NASA on the basis of acquiring new information on the properties of the ionosphere, but another objective was to develop Canadian space capability.
Different regions of the ionosphere make radio communications possible by reflecting radio waves back to Earth.
?Certainly in those days, it was very important in long-distance radio communications,? Franklin added.
Alouette-1 orbited 1,000 kilometres above the Earth for 10 years, probing the ionosphere below and sending data to ground stations.
The satellite?s distinguishing features were its long extendable roll-up antennas. One pair measured 45.7 metres from tip to tip and another pair was 22.8 metres. The antenna concept was later used in many variations for American satellites.
The satellite pioneer also boasted that the batteries used to power the 145-kg Alouette lasted 10 years, ?at a time when satellite batteries would last no more than one year at the most.
?The success of Alouette gave Canada an international reputation for excellence in design engineering,? he said. ?And in particular it gave de Havilland of Toronto, which later became Spar Aerospace, the credibility to bid on the Canadarm.?
De Havilland?s ?Special Products and Applied Research? division was acquired by Spar in 1968. Spar?s space robotics unit in Brampton, Ont., was sold to MacDonald, Dettwiler and Associates (MDA) in 1999.
Steve MacLean, the head of the Canadian Space Agency, agrees the first mission by Alouette-1 opened the door to Canada?s future in space robotics.
?It set the tone for being credible when we entered into other areas such as robotics and it?s true that because of our credibility, NASA felt that we could handle the robotic missions,? he said in an interview.
MacLean proudly pointed to Canadarm1, which was used extensively on the now-retired U.S. space shuttle fleet. He also lauded Canadarm2, which was installed on the International Space Station and helped build it.
Five Canadarms were built for the American shuttles.
The CSA boss, a former astronaut, says the iconic Canadarm helped get him into space.
The space arm first flexed its mechanical muscles on Nov. 13, 1981, when it was deployed on Space Shuttle Columbia.
MacLean was chosen as one of the first six Canadian astronauts in December 1983.
?We came in on the heels of Canadarm1?s success and were in part selected because of Canadarm1?s success,? he said.
The Canadian Space Agency comes under the responsibility of Industry Minister Christian Paradis, who says Alouette-1 paved the way for Canadian innovation in space.
?Today, the Canadian space sector has established a world-class reputation in niche areas such as earth observation, space robotics, space science and exploration and satellite communications,? he said in a statement.
Development is already underway on the next generation of robotic arms. One prototype is a 15-metre arm that can fit aboard future smaller spacecraft. Another is smaller ? a 2.5-metre-long mechanical arm designed to repair satellites in space.
The Canadian space industry now employs 8,256 people and contributes $3.4 billion to the economy.
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ScienceDaily (Sep. 28, 2012) ? New research published in Psychological Science, a journal of the Association for Psychological Science, examines the nuanced relationship between language and different types of perception.
Bilingual Infants Can Tell Unfamiliar Languages Apart
Speaking more than one language can improve our ability to control our behavior and focus our attention, recent research has shown. But are there any advantages for bilingual children before they can speak in full sentences? We know that bilingual children can tell if a person is speaking one of their native languages or the other, even when there is no sound, by watching the speaker's mouth for visual cues. But N?ria Sebasti?n-Gall?s of Universitat Pompeu Fabra and colleagues wanted to know whether bilingual infants could also do this with two unfamiliar languages. They studied 8-month-old infants, half of whom lived in either Spanish- or Catalan-speaking households and half of whom lived in Spanish-Catalan bilingual households.
The researchers looked at whether the infants could discriminate between English and French, two unfamiliar languages, using only visual cues. They found that the bilingual infants could tell the difference between the two languages, while the infants who lived in single-language households could not. These findings suggest that infants who are immersed in bilingual environments are more sensitive to the differences in visual cues associated with the sounds of various languages.
The lead author was N?ria Sebasti?n-Gall?s. The article was published in the September 2012 issue of Psychological Science.
Skilled Deaf Readers Have an Enhanced Perceptual Span in Reading
Though people born deaf are better able to use information from peripheral vision than those who can hear, they have a harder time learning to read. Researchers have proposed that the extra information coming in could distract from, rather than enhance, the process of reading. But no research has actually compared visual attention in reading between hearing and deaf readers. In a new study, Nathalie B?langer of the University of California, San Diego and colleagues investigated this issue by measuring the perceptual span, or the number of letter spaces used when reading, of skilled deaf readers, less-skilled deaf readers, and hearing readers.
The experimenters manipulated the number of letter spaces that the participants saw while reading text on a screen. They found that, compared to the other two groups, skilled deaf readers read fastest when they were given the largest number of letter spaces, showing that they had the largest perceptual span. Regardless, they were able to read just as fast as skilled hearing readers. Contrary to previous hypotheses, these findings suggest that enhanced visual attention and perceptual span are not the cause of reading difficulties common among deaf individuals.
The lead author was Nathalie N. B?langer. The article was published in the July 2012 issue of Psychological Science.
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Source: http://www.tvr.by/eng/economics.asp?id=75364
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Auto show concept cars are all whizzy styling and impractical interiors, and Smart's latest offering, the Forstars EV at the Paris Auto Show, has all that in spades. But the stubby car has another show-stopping feature we'd love to see in production -- a projector installed right into the vehicle's grill. That would let you and a special friend pull the two-seater up to any white wall and beam the flick of your choice from an iPhone's bluetooth port, while blasting the audio through the sound system. Other friends not in the Forstars' confines would also get the sound from speakers located in the ventilation grills behind the doors. Once rolling, the concept Smart moves along with an 80 horsepower electric motor and 17.6 kWh battery, boasting 127 lb/ft of torque and an 80MPH top speed. Since the car's currently a one-off, don't get any ideas about heading to Lookout Point with a screen in tow -- but you can head to the video after the break to see how it works.
Continue reading Smart Forstars concept EV brings drive-in theater to a wall near you (video)
Filed under: Displays, Transportation
Smart Forstars concept EV brings drive-in theater to a wall near you (video) originally appeared on Engadget on Fri, 28 Sep 2012 08:46:00 EDT. Please see our terms for use of feeds.
Permalink | | Email this | CommentsSource: http://www.engadget.com/2012/09/28/smart-forstars-concept-ev-projector/
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BOWLING GREEN, O.H. ? President Obama will head to Henderson, Nev., on Sunday for three days of debate prep behind closed doors, ABC News has learned. While he is there he will also hold one grassroots rally and likely make some unscheduled local stops in...
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A few years ago my parents bought a foreclosed house and totally renovated it, with the help of friends, neighbors, and volunteers.
They then turned it into something called a "transitional home" for a refugee family - a place for them to live at minimal rent for their first year in America, while they got their feet on the ground.
? The Stars: I am very thankful to Lisa and Greg Blumhagen, Abrehat Gebremariam, Embaba, Yodit and Tseneat Gebregzaber, and Semere Mahari for allowing me to tell a little bit of their story. (They were only okay with it when I explained to them that it might be an inspiration to other people, because it's a pretty amazing idea.)
? The Music: This is an instrumental version of one of my favorite songs off the album "Honest Mistakes" by Pete Miser - the title song, "Honest Mistakes". The full version is available for listen and purchase here.
? More Videos: Go To Video Channel
? Submissions Welcome: Are you a Maker? Do you have great how-to's and tips to share? Do you have a winning personality or are you just a great character? Tell us here and we'll consider sending our video team to tape you for the site.
If you'd like more information, you can email me at Rebecca@apartmenttherapy.com.
Source: http://www.apartmenttherapy.com/maker-videos-how-to-remake-a-house-apartment-therapy-videos-177673
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ScienceDaily (Sep. 25, 2012) ? By outfitting two British Columbia subspecies of Swainson's thrushes with penny-sized, state-of-the-art geolocators, University of British Columbia researchers have been able to map their wildly divergent migration routes and pinpoint conservation hotspots.
"Birds of a feather do not necessarily flock together," says Kira Delmore, a PhD student with UBC's Department of Zoology and lead author of the paper. "Our teams of thrushes took dramatically different routes to get to their wintering grounds, either south along the west coast to Central America, or southeast to Alabama and across the Gulf of Mexico to Columbia."
The study, to be published this week in the Proceedings of the Royal Society of London B, is the first to collect a complete year's worth of data from individual birds to document such a migratory divide.
"This detailed level of migration and stopover data helps us pinpoint vital feeding and rest habitats that the birds rely on at key points during their long journey -- just before crossing the Gulf of Mexico, for example," Delmore adds.
The researchers say the study also raises the possibility that migratory behavior may play a role in speciation, the process by which one species evolves into two.
"Given that migratory behavior is under genetic influence in many species of birds, these results raise the question of what hybrids between these two subspecies would do," says Darren Irwin, associate professor of Zoology at UBC and co-author of the paper. "One possibility is that hybrids would take an intermediate route, leading to more difficulties during migration. If so, the migratory differences might be preventing the two forms from blending into one."
Background
About Swainson's thrushes
Swainson's thrushes, with olive-brown feathers, lighter mottled undersides, and distinct light eye-rings, are typically 16 to 20 centimetres (seven inches) in length with a wingspan of 30 centimetres (one foot). They are not endangered.
Research methodology
UBC researchers caught 40 thrushes in June 2010 -- 20 each of a subspecies from Pacific Spirit Park near UBC in Vancouver and another from locations near Kamloops, B.C. The birds were lured into six-metre-wide mist nets with mating calls.
The geolocators used weigh 0.9 gram and with attachment materials they weight approximately four per cent of the body weight of a thrush.
Researchers then attached the newly invented geolocation devices, which record sunrise and sunset times, on the birds with special harnesses before releasing them. To collect the data, Delmore undertook the process in reverse a year later.
This research was funded by Natural Sciences and Engineering Research Council of Canada, Environment Canada, and the Wilson Ornithological Society.
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Source: http://feeds.sciencedaily.com/~r/sciencedaily/strange_science/~3/pnT9CD9DnEw/120926094542.htm
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As if we could ever reach a limit in loving Barbra Streisand!
Babs went on Katie Couric's show Katie to talk about a bunch of stuff, but the most important things she had to say were inarguably about the dangers of heart disease for women.
Did you know that heart disease kills more women than all cancers combined?
That's staggering, and it's frustrating to hear that most research is done on men. Well, not if Babs has anything to say about it ? she recently raised and donated millions of dollars for a new research center at Cedars-Sinai in El Lay!
So fab!
Check out the interview (above) to hear why this is important, and in the second video learn some tips on how to help yourself avoid such a terrible disease!
Tags: avoid, barbra streisand, cancer, danger, disease, donate, el lay, heart, heart disease, interview, katie couric, millions, research, terrible, tips, video, women
Source: http://fitperez.com/2012-09-26-barbra-streisand-katie-couric-heart-disease-amazing-support
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Generally I do not like labels, as I think they can pigeonhole people and ideas, but last night I found myself describing my diet as flexitarian, which is generally taken to mean a vegetarian who sometimes eats meat. I think that many vegetarians, rightly so, are annoyed by this definition, as by default if you eat meat you are not vegetarian.?? Although I enjoy meat, I identify as a meat (and animal product) reducer and can quite happily live on a high raw vegan diet for days on end, but at the moment I am not going to go there full time.
Few can seriously dispute the hugely positive environmental impact that would come from reducing our consumption of animal products; the huge growth of the Meatless Monday campaign encouraging individuals not to eat meat on a Monday for the sake of their health and the planet is very good news for all.??? By regarding meat as a treat and reducing consumption animal welfare standards should also be raised as demand drops.
Whilst many are currently following the 5:2 diet, I have realised that for some time I have been following my own version, where I eat a raw vegan diet for 2 days a week.? It works well for me, the night of a raw vegan day I generally sleep soundly and then leap out of bed in the morning, alert and refreshed; as someone who suffers from terrible insomnia this is an amazing bonus.
I have blogged about green smoothies before, but my regular breakfast smoothie has just been lifted by the arrival of the new Vitamix.?? This amazing machine blends like no other; pulverizing woody stems and frozen fruit in to a silky smooth velvety liquid in seconds.? You can even make hot soup as the motor is so powerful, the friction from the blades will heat if the machine is left to run for a few minutes.
This smoothie contains your 5 a day in one glass, the beetroot gives a stunning colour and a delicious earthy note. Do not be put off by the kale here, you really cannot taste it, if the thought of kale for breakfast is too much just swap in a handful of spinach.
Makes 1 large glass
1 small glass apple juice
1 frozen banana (peel and chop before freezing)
1 tbs linseed or flax seeds
1/2 medium beetroot
Handful Kale
Handful frozen berriesPlace all the ingredients into the jug of a Vitamix or high powered blender and whizz until smooth.
For the last few weeks I have been using delicious Cawston apple juice in my smoothies, I especially like the apple and rhubarb, and apple and ginger varieties, both have enough flavour to still be tasted with whatever else goes in, they also make a refreshing drink on their own, or with some sparkling water.
I am also a huge fan of Nakd Bars ? delicious raw whole food vegan fruit and nut based bars in a range of flavours.? Last night I went to the launch of their new rhubarb and custard (tastes just like the sweets but is good for you) and the caffe mocha (packed with coffee and chocolate ? also delish) bars.? We then had a go at making our own bars ? using a base of date paste ? we went for a banoffee pie bar, adding cashews, banana and chocolate chips and toffee flavour to the dates, it has to be said that the homemade efforts do look a little unfortunate, but nevertheless were delicious and I want Nakd to add a banoffee pie bar to their range.? (At this point I do need to apologise to Fleur for tweeting on her account last night).
With no bananas, or berries in the freezer this morning for my breakfast smoothie, I managed to make a very good one with the Cawston apple juice, home made Nakd bar and a handful of kale in the Vitamix, a useful short cut for when the freezer is devoid of fruit.
Many thanks to Vitamix for my machine (many more recipes to come), Cawston Press and Natural Balance Foods who make Nakd bars for samples and invitations.
Sending my beetroot and berry smoothie to this months Breakfast Club, hosted by Urvashi where the theme is fruit.
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Source: http://fussfreeflavours.com/2012/09/recipe-berry-beetroot-smoothie/
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President Barack Obama steps off Air Force One upon his arrival, Monday, Sept. 24, 2012, at JFK airport in New York. (AP Photo/Pablo Martinez Monsivais)
President Barack Obama steps off Air Force One upon his arrival, Monday, Sept. 24, 2012, at JFK airport in New York. (AP Photo/Pablo Martinez Monsivais)
The Marine One helicopter, with President Barack Obama aboard, lands at the Wall Street heliport in New York, Monday, Sept. 24, 2012. (AP Photo/Pablo Martinez Monsivais)
President Barack Obama and first lady Michelle Obama appear on the ABC Television show ?The View? in New York, Monday, Sept. 24, 2012. (AP Photo/Pablo Martinez Monsivais)
President Barack Obama arrives at JFK International Airport in New York, Monday, Sept. .24, 2012. (AP Photo/ Louis Lanzano)
NEW YORK (AP) ? Campaign politics shadowing every word, President Barack Obama will step before the world and declare that anti-American rage and riots among Muslims abroad will never force the United States to backtrack on diplomacy.
In his final international address before the November election, Obama on Tuesday has a United Nations stage afforded to presidents, not presidential challengers. He will use it to try to boost his political standing without mentioning his opponent.
Obama's comments to the General Assembly will be scrutinized around the globe and by the gathering of presidents and prime ministers in the famed United Nations hall, given the tumult, terrorism, nuclear threats and poverty that bind so many nations. He will respond to unrest in the Muslim world and seek to underscore U.S. resolve in keeping Iran from developing a nuclear weapon.
Yet, were there any doubt that the U.S. presidential campaign hung heavy over Obama's speech to the General Assembly, Republican rival Mitt Romney shredded it by assailing Obama's foreign affairs leadership on the eve of the president's speech.
"This is time for a president who will shape events in the Middle East, not just be merciful or be at the mercy of the events," Romney said Monday. Focusing on the killing of the U.S. ambassador in Libya and mass bloodshed in Syria, Romney repeatedly ridiculed Obama's comment that nations moving toward democracy after the Arab Spring face "bumps in the road."
That prompted White House spokesman Jay Carney to fire back at Romney: "There is a certain rather desperate attempt to grasp at words and phrases here to find political advantage, and in this case that's profoundly offensive."
Obama's activities at the United Nations said plenty, too: There are not many of them. Campaigning is his imperative.
He is skipping the private meetings with key allies that a U.S. president typically schedules when the whole international community comes to New York. The president will spend only 24 hours in New York in total this time, and he spent some of it Monday to appear on "The View," giving a talk show interview intended to sell his election pitch to a big TV audience.
The dominant theme of Obama's U.N. speech, according to his aides and Obama's own recent words, will be to underscore his response to the protests raging in places across the Middle East and North Africa. As he has for days, Obama will condemn the violence, defend democratic principles of free speech and promise no U.S. withdrawal of outreach.
Much of the growing ire is aimed at the United States because of an anti-Islam film produced in this country, but the White House has now deemed the attack on its consulate in Libya a "terrorist attack" and has not ruled that it was premeditated. Four Americans, including ambassador Chris Stevens, died in what Obama now says "wasn't just a mob action."
Obama noted in the TV interview Monday that many Libyans have protested the extremist strains in their nation.
"Part of the message for us is that the overwhelming majority of Muslims, they want the same things that families here want," Obama said. "They want opportunity. They want jobs. They want peace. ... We're going to stay engaged. Because ultimately, over the long term, our security is going to be tied up with the success of these countries."
In a preview of Obama's speech, Secretary of State Hillary Rodham Clinton appealed for Muslims to show "dignity" as they protest the film denigrating the Prophet Muhammad.
"Dignity does not come from avenging insults," she said in a speech to her husband's Clinton Global Initiative. Romney and Obama were to speak there as well on Tuesday.
The secretary of state was also standing in for Obama. She saw the presidents of Afghanistan, Egypt, Libya and Pakistan. She was due later in the week to meet with Israeli Prime Minister Benjamin Netanyahu and Palestinian leader Mahmoud Abbas.
For U.S. presidents, the yearly United Nations address is always laced with domestic politics even though the speeches are scripted without campaign references. Wars and the failed attempts at Mideast peace have dominated in recent years.
Romney's campaign made the campaign linkage directly Monday.
"On the eve of his United Nations address, President Obama's foreign policy is in disarray," spokesman Ryan Williams said. "As president, Mitt Romney will repair our relationships abroad and create a safer, more secure nation."
Polling shows Obama has a clear edge over Romney when voters are asked who they think is a stronger leader and would better protect the country.
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Associated Press writer Matthew Lee contributed to this story.
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Nabil Elderkin tells MTV News Ocean only had two requests for the video: a desert scene and a John Mayer solo.
By Rob Markman
Frank Ocean in his "Pyramids" music video
Photo: Def Jam / UMG
Source: http://www.mtv.com/news/articles/1694307/frank-ocean-pyramids-video-director.jhtml
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Cell phones allow us not only to communicate with one another, but also to take and store pictures, ?check in? from a location, balance our checking account, and even update our blogs. When the content of a cell phone may help the police to solve a crime, the legality of the search of both the phone and its content is of crucial importance. However, the law of warrantless searches of cell phones is not yet settled.
A recent 190-page decision from Rhode Island Superior Court Justice Judith Savage in State of Rhode Island v. Patino, C.A. No.: P1-10-1155A, weighs in on the debate. The facts in this case are very sad; here is a quick summary. A 6-year-old died, possibly from abuse. Four cell phones are observed by the police at the scene. The police seized and searched them. One belonged to the mother of the victim, and at least two others belonged to the Defendant. Was the search legal?
Facts of the case
On October 4, 2009, the Cranston Police Department was called by Trisha Oliver, the mother of 6-year old Marco Nieves, who was unresponsive and not breathing. He was taken to the hospital, while Sergeant Michael Kite went to Oliver's apartment. He met there Michael Patino, Oliver?s boyfriend and the father of her infant daughter. Sergeant Kite observed four cell phones in the apartment: a LG Verizon, a Metro PCS Kyocera, a black T-Mobile Sidekick, and an iPhone.
At one point during his visit, it seems that Sergeant Kite picked up the LG Verizon cell phone because it beeped, and he may have viewed a ?sent? message addressed to ?DaMaster.? The message read as follows:
Wat if I got 2 take him 2 da hospital wat do I say and dos marks on his neck omg.
Patino was taken to the police headquarters, and he took the T-Mobile phone with him. Sergeant Kite called headquarters to suggest that this phone should be confiscated upon arrival, which was done. The police obtained a warrant to search the apartment, and seized the LG phone (which apparently belonged to Oliver) and the other two phones (which might have belonged to Patino). Meanwhile, Patino was being interrogated by the police, and it seems that during that interview police officers alluded to the content of text messages on his T-Mobile phone and their evidentiary value. They may even have quoted the text seen by Sergeant Kite on the LG Verizon phone. Patino was eventually arrested, after admitting that he had hit Marco. Marco Nieves died the afternoon of that day. The police eventually obtained a warrant to search the T-Mobile phone.
Patino was indicted by a grand jury in 2010 for the murder of young Marco, and the case was expected to be tried before Justice Savage this fall. Patino filed several motions to suppress the text messages, the cell phones, the cell phone record, and his confession, arguing that this evidence was the product of illegal searches and seizures, in violation of the Fourth and the Fifth Amendment of the Constitution and Article 1, Section 6, of the Rhode Island Constitution, which is similar to the Fourth Amendment.
A suppression hearing concluded on August 15, 2012, and on September 4, 2012, Justice Savage issued a suppression order, holding that Patino had a reasonable expectation of privacy in his text messages that granted him standing to challenge the constitutionality of the searches and seizures of the phones by the Cranston police, and the evidence gathered as a result (including Patino's confession). She further held that the searches and seizures were unconstitutional in the absence of a warrant.
The justice's analysis of the search is interesting, and I will attempt to tease it apart here. I will focus in this post on the search of the LG Verizon cell phone, because this phone apparently did not belong to Patino, raising significant questions about a person's right to challenge a search for his text messages on someone else's phone. (That said, the search of the two phones which apparently belonged to Patino, the Metro PCS and the T-Mobile Sidekick, was also found to be unconstitutional.)
A common but unsettled issue
Police efforts to obtain cell phone data are apparently common. Following an article published last April in the New York Times, reporting that law enforcement agencies routinely track cell phones with little or no court oversight, Representative Ed Markey (D-Mass) sent letters to major mobile carriers asking them about the number of requests they receive each year. The answer was more than 1.3 million requests in 2011, often without the knowledge of the person whose phone records are sought.
A 2012 Rhode Island bill, HB 7110, would have required a search warrant before obtaining information contained in portable electronic devices. It passed the House and the Senate, but was vetoed by Governor Lincoln Chafee? in June 2012 because he thought, as quoted by J.Savage, "that the courts, not the legislature, were better suited to resolve the question of Fourth Amendment privacy rights in electronic communications" (Opinion, p. 48).
The requirement of standing to challenge a search
The Fourth Amendment of the U.S. Constitution bans "unreasonable searches and seizures." Courts decide whether a search is reasonable under the totality of the circumstances. Searches conducted without a warrant are per se unreasonable, but there are exceptions, such as a search required by exigent circumstances or searches of items in plain view. When Sergeant Kite picked up the LG cell phone and viewed its text messages, he engaged in a warrantless search.
However, an individual only has standing to challenge an allegedly unconstitutional search if that person has a reasonable expecation of privacy in the place or material searched. Therefore, the State would have to convince the Court that the search of the LG Verizon cell phone fell under an exception to the Fourth Amendment only if Patino had an expectation of privacy in his text message.
This was a critical issue to the case, because the police used the information contained on the LG Verizon phone as a basis for further searches and while interrogating Patino on the morning of October, 4, 2009. Thus, if the search of the LG phone were unconstitutional, the admissibility of other evidence -- including Patino's confession -- would be in question as well.
Is a cell phone a container?
The search of the LG Verizon cell phone raises interesting questions about whether Patino had an expectation of privacy in the incriminating text message,? because the phone was not his.
In Katz v. United States, the Supreme Court famously held that the Fourth Amendment protects people, not places, and that ?[w]hat a person knowingly exposes to the public? is not a subject of Fourth Amendment protection.? The State argued that Patino voluntarily disclosed the text message by sending it to the LG Verizon cell phone. Specifically, the State analogized the cell phone to a container, arguing that because Patino did not own the container (the phone), he had no expectation of privacy in its contents (the data stored on the phone).?
In 1997 in New York v. Belton, the Supreme Court defined a container as ?any object capable of holding another object.? Courts have used the container analogy in allowing the warrantless searches of pagers incident to an arrest (for example, U.S. v. Ortiz, 7th Circuit, 1996), and a Kansas court similarly upheld in 2003 a warrantless search of a cell phone, noting specifically that ?a cell phone has a limited memory to store numbers.? (Note, however, that whether a search is incident to arrest goes to the validity of a warrantless search, and not to the status of an electronic device as a container; moreover, in this case the LG Verizon cell phone was apparently searched well before Patino was arrested.)
Justice Savage refused?to follow these cases, holding instead that a cell phone should be thought of as an ?access point? to a vast amount of digital information (p. 59). In doing so, she followed the 2009 decision of State v. Smith, in which the Ohio Supreme Court held that a cell phone is not a closed container, reasoning that ?[e]ven the more basic models of modern cell phones are capable of storing a wealth of digitized information wholly unlike any physical object found within a closed container."
Therefore, Justice Savage held that the pertinent question was not whether Patino had an expectation of privacy in Oliver's LG Verizon cell phone, but whether he had an expectation of privacy in the content of his own text messages stored in the cell phone (p.59).
Expectation of privacy in electronic communications
The reasonable expectation of privacy test laid out in 1967 by Justice Harlan in his concurring opinion in Katz is still used by the courts to decide whether the Fourth Amendment is applicable to a particular case: the person must have a reasonable expectation of privacy, and that expectation must be one that the society is prepared to recognize as reasonable. In City of Ontario v. Quon (2010), a case about the privacy of messages sent using pagers issued to its employees by a government agency, the Supreme Court stated that courts should consider the rapid changes in technology and what society accepts as proper behavior when deciding whether a search is reasonable. The same year, the Sixth Circuit noted in U.S. v. Warshak that ?[t]he Fourth Amendment must keep pace with the inexorable march of technological progress, or its guarantee will wither and perish.?
However, the Supreme Court shied away from making Quon the reference case of privacy in electronic communications. The Supreme Court noted that the ?judiciary risks error by elaborating too fully on the Fourth Amendment implications of emerging technology before its role in society has become clear.? It reasoned that, in Katz, it was feasible for the Supreme Court to assess whether Defendant had a reasonable expectation of privacy in the telephone booth he used to make an incriminating phone call. But the expectation of privacy one has when using an electronic communication device may not be so easily assessed by a court, and thus ?[p]rudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence, and extent, of privacy expectations enjoyed by employees when using employer-provided communication devices? (Quon, at 2629).
Justice Savage noted that the Supreme Court had thus ?deprived this Court of the very guidance that it seeks today to resolve the novel and important issues presented? (p. 45). However, she argued that the Supreme Court in Quon had implicitly adopted the reasoning in Katz, as ?it did not assume, without deciding, that a person has a reasonable expectation of privacy in the electronic device itself? but instead that a person has a privacy interest in the contents of the device?? (p. 61).
This is particularly important, as Savage explained, because holding differently would allow the police to search the cell phone of a third party, for instance a friend who received an incriminating message sent by a defendant. The defendant would have no standing to challenge that search, as he would not have a reasonable expectation of privacy in his friend?s cell phone. The friend would have standing, but most likely would not challenge the search for various reasons such as legal costs (p. 89).
It could also encourage the police to go on ?fishing expeditions,? casting a wide net over digital information held by individuals even remotely connected to a criminal investigation (p.62). According to Justice Savage, such a fishing expedition was precisely what the Cranston police officers engaged in; even after almost a month of evidentiary hearings, she noted, the court still did not know whether the message seen by Sergeant Kite on Oliver?s LG Verizon cell phone and allegedly sent by Patino was reflected on the devices that the police attributed to Patino (p. 63). The Court further expressed concern that, as a result of the police department's handling of Patino's phones, they placed Patino in an impossible position with respect to proving his standing to challenge the searches:
It is possible, though it cannot be proven definitively, that their illegal search of the contents of that cell phone revealed the text messages corresponding to those text messages found on the LG cell phone. Notwithstanding that possibility, however, the police have deprived the Defendant of the evidence needed to prove that fact. As a result, the Cranston Police Department may have effectuated a workaround-revealing only evidence of the text messages in which the State claims the Defendant lacks standing-namely, the text messages on the LG cell phone-while depriving the Defendant of the very evidence that the State claims he needs to prove standing-namely, proof that the corresponding text messages are on his cell phone and could have been viewed and, in fact, were viewed by the police at the time of their search. This prospect can turn the law of standing on its head.?
(p. 65).
Justice Savage found that the Supreme Court's ruling in Quon was consistent with finding a reasonable expectation of privacy in the content of electronic messages, despite the Quon court's demurral on that final issue. She noted that the Supreme Court focused in Quon on the privacy policy of the government agency which had issued the electronic devices, which policy stated that the content of the messages could be viewed by the employer. In the absence of such a privacy policy, she reasoned, the employees in Quon might have been successful in their claim that their messages were private.
Ultimately, Savage held that Patino had a reasonable expectation of privacy in the content of his text messages, as it was his usual way to communicate with others, instead of calling them by phone. She wrote an interesting paragraph analogizing text messages to oral communications, noting that ?private topics previously reserved for secured oral communications are now confidently exchanged through text messaging? because we carry our cell phones most of the time (p.84). Indeed, she found that the very fact that the police claimed that the content of Patino?s phones may be incriminating also supported a finding that Patino expected his texts to stay private (p. 69).
The third party doctrine and cell phone carriers
In Smith v. Maryland (1979), the Supreme Court enunciated the so-called "third party doctrine," holding that a person has no expectation of privacy in information voluntarily shared with a third party to a particular communication. This case is still good law. Moreover, the content of text messages is routinely exposed to third parties -- namely, cell service providers -- raising the question of whether there can be any expectation of privacy in text messages facilitated by a third party service.
Justice Savage thought that a reasonable expectation of privacy could exist, holding that the third party doctrine was not applicable to the content of the text messages at issue in this case (p.76). She quoted the concurring opinion of Supreme Court Justice Sotomayor in the 2012 case of U.S. v. Jones, where Sotomayor wrote that the third party doctrine is ?ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.? Savage also quoted an essay published online in August 2012 in which Professor Orin Kerr argued that the doctrine should not apply when the third party is merely a conduit for information.
Justice Savage noted that applying the third party doctrine would make the expectation of privacy of cell phone users dependent of their carriers? data retention policies (p. 77). Data retention practices of the cellular carriers differ greatly; Savage said that she was ?stunned to learn? that Verizon? retains a record of the actual text messages sent and received by its customers, while? T-Mobile? does not? (p. 48).
Conclusion
Because Patino had a reasonable expectation of privacy in his text messages, he had standing to challenge the police department's search. As such, the police were required to demonstrate an exception to the Fourth Amendment warrant requirement, such as exigent circumstances, plain view, or consent; Savage decided that none of these exceptions applied, and that the search of the LG Verizon phone was unconstitutional. Accordingly, she held, all the warrants obtained by the police after Sergeant Kite first picked up the LG Verizon cell phone were tainted by this illegal search (p. 151). She thus barred, under the exclusionary rule, the introduction at trial of evidence obtained during the search, or obtained as a direct result of the search.
The decision is likely to be appealed. Stay tuned?
Marie-Andr?e Weiss is a solo attorney admitted in New York, and her admission is pending in France. Her practice focuses on intellectual property, privacy, and social media law. She frequently writes on these topics and on European Union law.???
(Image courtesy of Flickr user williamhartz pursuant to Creative Commons CC BY-NC-SA 2.0 license.)
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Source: http://www.citmedialaw.org/blog/2012/warrantless-text-message-search-threatens-scuttle-murder-case
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Associated Press Sports
updated 3:13 p.m. ET Sept. 24, 2012
LONDON (AP) -Premier League referee Mark Halsey has asked police to investigate abusive comments about him on Twitter after officiating in the heated match between Liverpool and Manchester United.
The insulting online messages on Monday referenced Halsey's battle with throat cancer in 2009.
Halsey made two contentious decisions in United's 2-1 victory at Anfield on Sunday that went in favor of the visitors.
Liverpool midfielder Jonjo Shelvey was sent off in the first half for a challenge on Jonny Evans, and United was later awarded a penalty kick that was scored by Robin van Persie.
Halsey returned to refereeing in March 2010 following his cancer battle.
No Premier League referees have Twitter accounts, according to the body that oversees match officials in England.
? 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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More newsGetty ImagesPST:?Nice little Twitter fight this morning, with one man near the top of the soccer?s media food chain suggesting Branko Boskovic?s diving header Sunday was the best header goal in MLS this year. For me, it wasn't even top two.
??WEMBLEY, England (AP) -Less than a day after quitting international football, John Terry attended a racism hearing at the Football Association on Monday with the former England captain facing an eight-match ban from playing for Chelsea.
Source: http://nbcsports.msnbc.com/id/49152627/ns/sports-soccer/
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The public safety division chief of the District of Columbia Office of the Attorney General testified today against proposed legislation that would allow local prosecutors to offer civil penalties to non-D.C. residents charged with possessing unregistered firearms or ammunition.
Criminal defense lawyers and a national prosecutors association offered support for the bill during this morning's hearing, although there was concern about whether the city could face litigation by creating a system that treated residents and non-residents differently under the law.
Deputy Attorney General Andrew Fois, who leads the public safety division, said that the legislation is a "solution in search of a problem" and would send the wrong message about how seriously the District takes violations of its gun laws. Council Chairman Phil Mendelson (D), who introduced the bill, defended it as necessary to make sure out-of-towners unfamiliar with D.C.'s laws aren't unnecessarily caught up in the criminal justice system.
The Administrative Disposition for Weapons Offenses Amendment Act (PDF) would allow the attorney general's office to offer a civil penalty (and, as a result, no criminal record) to non-D.C. residents charged with possessing an unregistered firearm or unregistered ammunition. At the moment, those crimes are prosecuted as misdemeanors.
The bill comes as D.C. officials continue to shape local gun laws in light of the U.S. Supreme Court's 2008 decision striking down the city's handgun ban. A number of lawyers have said they see this latest proposal as part of the city's efforts to extend an olive branch to gun rights supporters.
Mendelson began today's hearing by recounting anecdotes of individuals recently arrested under the gun laws at issue, most of whom said that they were unaware of D.C.'s laws or had forgotten that they had the ammunition or firearm in question in their car at the time. "These different incidents, if they are taken at face value, in my view speak to the need for prosecutors to have discretion," he said.
David LaBahn, president of the Association of Prosecuting Attorneys, spoke in favor of the bill, saying it was in line with the growing number of states trying to write more flexibility into their laws when it came to certain low-level offenses. The D.C. Public Defender Service also expressed its general support for the bill, although Laura Hankins, special counsel to the director, said they would prefer that it cover D.C. residents, noting that such a two-tier system could spark litigation. Patrice Sulton, a member of the legislative committee of the D.C. Association of Criminal Defense Lawyers, expressed similar sentiments and called for Mendelson to ensure the attorney general's office would make the guidelines for such a procedure clear.
Mendelson heard from D.C. resident Dick Heller ? the subject of the 2008 Supreme Court decision and subsequent litigation over D.C. gun laws ? who spoke more generally about his displeasure with the city's gun laws as too restrictive. George Lyon Jr., president of the D.C. chapter of the Community Association for Firearms Education, also spoke in favor of rolling back the city's gun laws, but called the proposed bill a step in the right direction. Josh Horwitz, executive director of the Coalition to Stop Gun Violence, supported the bill, saying it would only rarely come into play and was a commendable attempt by the council to work with all sides of the gun control debate.
Fois spoke last, asking Mendelson and the council to reject the measure. He said it would send "the wrong signal at the wrong time" to the public about the city's commitment to its gun laws. He said that the civil penalty procedure that would serve as the model, known as post-and-forfeit, is inappropriate for gun offenses and should be reserved for offenses such as disorderly conduct. He noted that by his office's math, the bill would have applied, at most, to 18 people last year. Mendelson pushed back, saying that it shouldn't matter how many people might be affected, pointing to other laws, such as the D.C. Innocence Protection Act, that have only applied to a handful of individuals.
Fois said that there were already a number of policies and procedures in place to cover the scenarios Mendelson envisioned in the bill. Assuming the attorney general's office decides to bring charges, he said many of these cases play out through a mechanism known as a deferred-sentencing agreement, where a person agrees to plead guilty but their case is later dropped if they comply with certain conditions, such as a fine or community service. Mendelson said he wasn?t convinced and that he didn't see a reason not to give prosecutors another tool for resolving cases.
The council is accepting public comments on the bill through October 8.
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