Sandy leaves death, damp and darkness in wake

Sea water floods the Ground Zero construction site, Monday, Oct. 29, 2012, in New York. Sandy continued on its path Monday, as the storm forced the shutdown of mass transit, schools and financial markets, sending coastal residents fleeing, and threatening a dangerous mix of high winds and soaking rain.? (AP Photo/ John Minchillo)

Sea water floods the Ground Zero construction site, Monday, Oct. 29, 2012, in New York. Sandy continued on its path Monday, as the storm forced the shutdown of mass transit, schools and financial markets, sending coastal residents fleeing, and threatening a dangerous mix of high winds and soaking rain.? (AP Photo/ John Minchillo)

The New York skyline remains dark Monday, Oct. 29, 2012, as seen from the Williamsburg neighborhood in the Brooklyn borough of New York. In an attempt to lessen damage from saltwater to the subway system and the electrical network beneath the city's financial district, New York City's main utility cut power to about 6,500 customers in lower Manhattan. But a far wider swath of the city was hit with blackouts caused by flooding and transformer explosions. (AP Photo/Frank Franklin II)

A fire burns at least two dozen homes in a flooded neighborhood in the New York City borough of Queens on Tuesday, Oct. 30, 2012. A fire department spokesman says more than 190 firefighters are at the blaze in the Breezy Point section. Fire officials say the blaze was reported around 11 p.m. Monday in an area flooded by the superstorm that began sweeping through earlier. (AP Photo/Stephanie Keith)

A fallen tree branch sits on a car blocking East 74th St. between Lexington Avenue and Third Avenue on Manhattan's Upper West Side on Monday, Oct. 29, 2012. Sandy made landfall Monday night, hurling a surge of seawater on New York City with wind and rain that sent water sloshing into Manhattan from three sides but began dying down within hours. (AP Photo/Willie Regan)

Sailboats rock in choppy water at a dock along the Hudson River Greenway during a storm, Monday, Oct. 29, 2012, in New York. Hurricane Sandy continued on its path Monday, forcing the shutdown of mass transit, schools and financial markets, sending coastal residents fleeing for higher ground, and threatening a dangerous mix of high winds and soaking rain. (AP Photo/Jeffrey Furticella)

NEW YORK (AP) ? Millions of people from Maine to the Carolinas awoke Tuesday without power, and an eerily quiet New York City was all but closed off by car, train and air as superstorm Sandy steamed inland, still delivering punishing wind and rain.

The full extent of the damage in New Jersey, where the storm roared ashore Monday night with hurricane force, was unclear. Police and fire officials, some with their own departments flooded, fanned out to rescue hundreds.

"We are in the midst of urban search and rescue. Our teams are moving as fast as they can," Gov. Chris Christie said. "The devastation on the Jersey Shore is some of the worst we've ever seen. The cost of the storm is incalculable at this point."

The death toll from Sandy in the U.S. climbed to 20, including seven in New York, four in Pennsylvania and three in New Jersey, with many of the victims killed by falling trees. Sandy also killed 69 people in the Caribbean before making its way up the Eastern Seaboard.

At least 7.4 million people across the East were without electricity. Airlines canceled more than 12,000 flights.

Lower Manhattan, which includes Wall Street, was among the hardest-hit areas after the storm sent a nearly 14-foot surge of seawater, a record, coursing over its seawalls and highways and into low-lying streets.

Water cascaded into the gaping, unfinished construction pit at the World Trade Center, and the New York Stock Exchange was closed for a second day, the first time that has happened because of weather in more than a century.

A huge fire destroyed as many as 100 houses in a flooded beachfront neighborhood in Queens on Tuesday, forcing firefighters to undertake daring rescues. Three people were injured.

A downtown hospital, New York University's Tisch, evacuated 200 patients after its backup generator failed. About 20 babies from the neonatal intensive care unit were carried down staircases and on battery-powered respirators.

And a construction crane that collapsed in the high winds on Monday still dangled precariously 74 floors above the streets of midtown Manhattan. And on Staten Island, a tanker ship wound up beached on the shore.

With water standing in two major commuter tunnels and seven subway tunnels under the East River, and Mayor Michael Bloomberg said it was unclear when the nation's largest transit system would be rolling again. It shut down Sunday night ahead of the storm.

Joseph Lhota, chairman of the regional Metropolitan Transportation Authority, said the damage was the worst in the 108-year history of the New York subway.

The saltwater surge inundated subway signals, switches and electrified third rails and covered tracks with sludge. Workers began pumping the water out and will ultimately have to walk all of the hundreds of miles of track to inspect it.

Millions of more fortunate New Yorkers surveyed damage as dawn broke, their city brought to an extraordinary standstill.

"Oh, Jesus. Oh, no," Faye Schwartz said she looked over damage in neighborhood in Brooklyn, where cars were scattered like leaves.

Reggie Thomas, a maintenance supervisor at a prison near the overflowing Hudson River, emerged from an overnight shift there, a toothbrush in his front pocket, to find his Honda with its windows down and a foot of water inside. The windows automatically go down when the car is submerged to free drivers.

"It's totaled," Thomas said with a shrug. "You would have needed a boat last night."

Besides the subway and the stock exchange, most major tunnels and bridges in New York were closed, as were schools, Broadway theaters and the metropolitan area's three main airports, LaGuardia, Kennedy and Newark.

"This will be one for the record books," said John Miksad, senior vice president for electric operations at Consolidated Edison, which had more than 670,000 customers without power in and around New York City.

In New Jersey, a huge swell of water swept over the small town of Moonachie, near the Hackensack River, and authorities struggled to rescue about 800 people, some of them living in a trailer park.

And in neighboring Little Ferry, water suddenly started gushing out of storm drains overnight, submerging a road under 4 feet of water and swamping houses.

Police and fire officials used boats and trucks to reach the stranded.

"I looked out and the next thing you know, the water just came up through the grates. It came up so quickly you couldn't do anything about it. If you wanted to move your car to higher ground you didn't have enough time," said Little Ferry resident Leo Quigley, who with his wife was taken to higher ground by boat.

Jersey City was closed to cars because traffic lights were out, and Hoboken, just over the Hudson River from Manhattan, dealt with major flooding. In Atlantic City, most of the world-famous boardwalk was intact, but pieces washed away Monday night.

Remnants of the hurricane were forecast to head across Pennsylvania before taking another sharp turn into western New York by Wednesday morning. Although weakening as it goes, the storm will continue to bring heavy rain and flooding, said Daniel Brown of the National Hurricane Center in Miami.

As Hurricane Sandy closed in on the Northeast, it converged with a cold-weather system that turned it into a monstrous hybrid of rain, high wind ? and even snow in West Virginia and other mountainous areas inland.

In a measure of how big the storm was, high winds spinning off the edge of Sandy clobbered the Cleveland area early Tuesday, uprooting trees, cutting power to hundreds of thousands, closing schools and flooding major roads along Lake Erie.

Hundreds of miles from the storm's center, gusts topping 60 mph prompted officials to close the port of Portland, Maine, and scared away several cruise ships.

Just before it made landfall at 8 p.m. near Atlantic City, N.J., forecasters stripped Sandy of hurricane status, but the distinction was purely technical, based on its shape and internal temperature.

While the hurricane's 80 mph winds registered as only a Category 1 on a scale of five, it packed the lowest barometric pressure on record in the Northeast, giving it terrific energy to push water inland.

President Barack Obama declared a major disaster in the city and Long Island. The storm brought the presidential campaign to a halt with a week to go before Election Day.

In New York, the construction crane atop a 1,000-foot, $1.5 billion luxury high-rise in midtown Manhattan dangled for a second day while authorities tried to figure out how to secure it. Thousands were ordered to leave nearby buildings as a precaution, including 900 guests at the ultramodern Le Parker Meridien hotel.

Alice Goldberg, 15, a tourist from Paris, was watching television in the hotel ? whose slogan is "Uptown, Not Uptight" ? when a voice came over the loudspeaker and told everyone to leave.

"They said to take only what we needed, and leave the rest, because we'll come back in two or three days," she said as she and hundreds of others gathered in the luggage-strewn marble lobby. "I hope so."

An explosion Monday night at a substation for Consolidated Edison, the main utility service New York City, knocked out power to about 310,000 customers in Manhattan.

"It sounded like the Fourth of July," Stephen Weisbrot said from his 10th-floor apartment.

In Baltimore, fire officials said four unoccupied rowhouses collapsed in the storm, sending debris into the street but causing no injuries. A blizzard in western Maryland caused a pileup of tractor-trailers that blocked part of Interstate 68 on slippery Big Savage Mountain.

"It's like a long-tailed cat in a room full of rocking chairs up here," said Bill Wiltson, a Maryland State Police dispatcher.

___

Hays reported from New York and Breed reported from Raleigh, N.C.; AP Science Writer Seth Borenstein contributed to this report from Washington. Associated Press writers David Dishneau in Delaware City, Del., Katie Zezima in Atlantic City, Emery P. Dalesio in Elizabeth City, N.C., and Erika Niedowski in Cranston, R.I., also contributed.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-10-30-Superstorm%20Sandy/id-73fe8646234e4584b0978ce3ab64e6e6

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Business and Financial News: Why Reporters Don't Have a Clue

The news sure isn't what it used to be, in fact, I am even amazed at some of the stuff that I hear on the TV Financial news, as commentators give it their best guess on potential solutions to solve the economic crisis. All these notions about too big to fail, nationalizing banks and having the government decide who gets paid how much is just a lot of hot air.

Indeed, I feel embarrassed for some of the news reporters as they misspeak on issues surrounding capitalism. You know, maybe we ought to tell our news reporters that they cannot comment on business matters unless they had once run a business? I mean anyone can get a nice haircut, nice suit and smile for the camera with a little make-up and a complete make-over. Heck, why is it that anyone who can read a teleprompter is assumed to know what he's talking about, come on already.

We live in the most powerful and greatest nation on Earth, it is by far and away the most awesome country ever created in human history. Why you ask? Simple, one word actually, it's called; Capitalism. And it's just amazing that no one gets it. Maybe a re-read of Ayn Rand's Atlas Shrugged is in order for all those news commentators and newspaper reporters who love to take a jab or make a persnickety comment in their otherwise shallow news stories.

And why is it that the editors of these TV News programs, newspapers and radio segments allow this nonsense to be played on the air, why It's pure opinion and it's not based on anything. Socialism doesn't work, communism is a dead end (literally) and we've proven capitalism pushes people, society and civilization up. Next time you hear someone on TV or read an article in the newspaper trashing capitalism, consider the source. There is someone who has never once had to make a payroll.

Source: http://kyrmissionary.blogspot.com/2012/10/why-reporters-dont-have-clue-about.html

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Source: http://vertdavidvert.posterous.com/business-and-financial-news-why-reporters-don

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Survival of U.S. Affordable Care Act assessed in new commentaries

ScienceDaily (Oct. 24, 2012) ? As the presidential candidates clash over the fate of the Affordable Care Act, a set of seven essays by leading legal experts, economists, and scholars examines the implications of the Supreme Court's decision on the ACA and makes it clear that there is no consensus about what is economically or morally just when it comes to health care coverage in this country. The essays appear in the Hastings Center Report.

While the essays provide a range of perspectives, a few common themes emerge. Foremost among them is that the individual mandate may not work as it stands.

Mark A. Hall, a professor of law and public health at Wake Forest University, argues that the Court "significantly weakened the individual mandate" by allowing Americans to opt out of insurance coverage if they are willing to pay a tax. This tax penalty leaves the mandate vulnerable because Congress could repeal it through the budget reconciliation process, he says.

Mark V. Pauly, of the Wharton School of Business, offers a contrasting view. While he supports the idea of a mandate, he is concerned that in its present form it may not achieve its goal of getting as many people as possible to buy insurance because the penalty for not doing so is too low -- for some groups, far less than the annual cost of premiums. Pauly also raises the possibility that the mandate could increase health care costs by increasing the number of procedures that the government requires insurers to cover.

Other essays raise concerns about costs. To be fair, writes Paul T. Menzel, a philosopher at Pacific Lutheran University, mandated insurance must be for care that is disciplined and cost-effective. "The cost-control provisions include some laudable next steps but are generally weak," he concludes.

James Stacey Taylor, an associate professor of philosophy at The College of New Jersey, states that the ACA's benevolent appearance is deceptive and that it is "neither economically sound nor morally acceptable." He argues that simply implementing the law will require "a small army of lawyers and bureaucrats," which will raise health care costs.

Several other essays examine what is morally acceptable in the health care arena. While none of them makes a moral case for health reform as a question about an individual's right to health care, they discuss other relevant values: responsibility, community, sympathy, and stewardship. Len M. Nichols, a health economist, professor of health policy, and director of the Center for Health Policy Research and Ethics at George Mason University, focuses on stewardship over health care resources, arguing that all Americans should be assured adequate health care. Although the challenges are great, Nichols suggests we now have the opportunity to remake our health care system into one that serves everyone. Those who oppose the government's role in attaining this goal are willing to stand by while tens of millions of Americans live without health care, he says. "A society that aspires to morality aims higher than that, and our Supreme Court has, by the narrowest of margins, allowed us to continue to dream big," Nichols writes.

William M. Sage, a professor and Vice Provost for Health Affairs at the University of Texas at Austin's School of Law, notes that the Supreme Court decision emphasizes the value of protecting personal liberty from government dominion, but in doing so both highlights the absence of solidarity around health reform and magnifies the importance of developing it.

Timothy Stolzfus Jost, who holds the Robert L. Willett Family Professorship of Law at Washington and Lee University, concludes his essay with a statement that might represent the only true consensus about health care reform: "The struggle for the soul of health insurance in the United States may be far from over."

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Story Source:

The above story is reprinted from materials provided by The Hastings Center, via EurekAlert!, a service of AAAS.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

---

Journal References:

1. Mark A. Hall. The Affordable Care Act Survives, for Now. Hastings Center Report, 13 SEP 2012 DOI: 10.1002/hast.67
2. Mark V. Pauly. Lessons to Improve the Efficiency and Equity of Health Reform. Hastings Center Report, 13 SEP 2012 DOI: 10.1002/hast.71

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/~3/U1kytv4oAd8/121024133407.htm

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PFT: Eli admits catering to needy WRs hurt his progress

Reuters

When he was a younger quarterback, Eli Manning tried too hard to keep people happy. Now, he?s learned that doing his job the right way, and spending less time worrying about others will lead to greater success.

Manning admitted he fell into bad habits as a younger quarterback, trying to satisfy needy veteran targets such as Plaxico Burress, Jeremy Shockey and Tiki Barber, who once questioned his leadership.

?I think early on we probably had receivers who in practice, you?d try to force them to get them balls so they don?t get down or you keep them happy, and I think you create bad habits doing that,? Manning said, via Jorge Castillo of the Newark Star-Ledger. ?As I got older and we got younger, new guys in, it evolved to doing it the correct way, going through the reads, saying you?ve got to earn the right to get open.

?It?s all based on the coverage and on the reads and I?ve got to do that to make sure I?m doing the right things and not getting into bad habits.?

That?s enabled Manning to lead the league in passing yards this season, not despite a series of injuries to his wide receivers, but perhaps because of it.

Other than Victor Cruz, there hasn?t been a steady presence in the lineup, so Manning has had to develop relationships with whoever?s out there.

?As a quarterback you always want to trust your guys and I tell them that I don?t have favorites, I?m not going to force it to one guy,? Manning said. ?I?ve got a read and a progression. If you want to know what my progression is, I?ll be happy to tell you. And I?m going to stick to that. If you?re my first read, it?s your job to get open. If you?re not, then I?m going on to the next guy.

?I?m going to stick to those progressions and have faith that if you?re the first read that you?re going to get open for us.?

And having that kind of confidence, and lack of distractions, has made him a better quarterback and leader.

Source: http://profootballtalk.nbcsports.com/2012/10/25/eli-admits-trying-to-cater-to-needy-vets-hurt-his-progress/related

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Self-affirmation enhances performance, makes us receptive to our mistakes

ScienceDaily (Oct. 24, 2012) ? Life is about failure as much as it is about success. From the mistakes we make at work or school to our blunders in romantic relationships, we are constantly reminded of how we could be better. By focusing on the important qualities that make us who we are -- a process called self-affirmation -- we preserve our self-worth in the face of our shortcomings.

Self-affirmation has been shown to have powerful effects -- research suggests that it can minimize the anxiety, stress, and defensiveness associated with threats to our sense of self while keeping us open to the idea that there is room for improvement. But how does the process of self-affirmation actually work?

New research published in Psychological Science, a journal of the Association for Psychological Science, explores the neurophysiological reactions that could explain how self-affirmation helps us deal with threats to our self-integrity.

"Although we know that self-affirmation reduces threat and improves performance, we know very little about why this happens. And we know almost nothing about the neural correlates of this effect," says lead researcher Lisa Legault of Clarkson University.

Legault and her colleagues Michael Inzlicht of the University of Toronto Scarborough and Timour Al-Khindi of Johns Hopkins University posed several hypotheses. They theorized that because self-affirmation has been shown to make us more open to threats and unfavorable feedback, it should also make us more attentive and emotionally receptive to the errors that we make.

The researchers further hypothesized that these effects on attention and emotion could be measured directly in the form of a well-known brain response called error-related negativity, or ERN. The ERN is a pronounced wave of electrical activity in the brain that occurs within 100 ms of making an error on a task.

To test their hypotheses, the researchers randomly assigned 38 undergraduates to either a self-affirmation or a non-affirmation condition at the beginning of the study. In the self-affirmation condition, participants were asked to rank six values -- including aesthetic, social, political, religious, economic, and theoretical values -- from most to least important. They then had five minutes to write about why their highest-ranked value was important to them. In the non-affirmation condition, participants also ranked the six values, but they then wrote why their highest-ranked value was not very important to them. This was done in order to undermine self-affirmation in that group.

After ranking the values, the participants performed a test of self-control -- the "go/no-go" task -- in which they were told to press a button whenever the letter M (the "go" stimulus) appeared on a screen; when the letter W (the "no-go" stimulus) appeared, they were supposed to refrain from pressing the button. To increase the sense of threat in the task, participants were given negative feedback ("Wrong!") when they made a mistake.

While they were completing the go/no-go task, the participants' brain activity was recorded using electroencephalography, or EEG.

The findings suggest that self-affirmation improved participants' performance on the go/no-go task. Participants in the self-affirmation condition made fewer errors of commission -- pressing the button when they shouldn't have -- than did those in the non-affirmation condition.

But the participants' brain activity revealed an even more interesting story. While the self-affirmation and non-affirmation groups showed similar brain activity when they answered correctly, self-affirmed participants showed a significantly higher ERN when they made an error. This effect held up even after the researchers accounted for the number of errors of commission and errors of omission the participants made, in addition to their reaction times for the task.

Notably, the association between the ERN and the number of errors that participants made was stronger for the self-affirmed group. This suggests that self-affirmation enhanced the ERN response for those participants, which in turned predicted their performance on the task. The researchers speculate that participants who were self-affirmed were more receptive to errors which allowed them to better correct for their mistakes.

"These findings are important because they suggest one of the first ways in which the brain mediates the effects of self-affirmation," says Legault.

While these findings help to demystify the mechanisms that underlie self-affirmation, they may also have important practical implications. According to Legault, "Practitioners who are interested in using self-affirmation as an intervention tactic in academic and social programming might be interested to know that the strategy produces measurable neurophysiological effects."

Legault says that, ultimately, this research helps to show that "error-related distress, and our awareness thereof, can actually be a good thing."

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Story Source:

The above story is reprinted from materials provided by Association for Psychological Science.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

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Journal Reference:

1. L. Legault, T. Al-Khindi, M. Inzlicht. Preserving Integrity in the Face of Performance Threat: Self-Affirmation Enhances Neurophysiological Responsiveness to Errors. Psychological Science, 2012; DOI: 10.1177/0956797612448483

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/living_well/~3/MXT8IMa48oQ/121024150800.htm

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Karrueche Tran and Chris Brown: Spotted Together!

Source: http://www.thehollywoodgossip.com/2012/10/karrueche-tran-and-chris-brown-spotted-together/

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3 Types of Eating Disorders | Care2 Healthy Living

• Health Guru
• October 24, 2012
• 3:30 pm
• 9 comments

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Eating disorders, like anorexia and bulimia, affect women, teens, and even men. Fear of weight gain, poor body image, low self-esteem, and a quest to be thin are just some of the emotional symptoms. Watch this to learn what disordered eating does to your body.

Read more: Conditions, Food, Health, Mental Wellness, Videos, Videos, anorexia, anorexia nervosa, binge eating, bulimia, eating disorders

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Source: http://www.care2.com/greenliving/3-types-of-eating-disorders.html

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RAN Magazine ? Spice Up Your Palate

BY Trevor David October 24, 2012 ? 0 COMMENTS

Local Culinary Creations with Artisan Whisky

Text & Photos: Clint Anesbury

Pairing food with various alcoholic beverages has been a tradition of many cultures for many generations. Each individual culture have used their own unique domestic grog and successfully paired it with a local delicacy, or in more common instances a standard, although humble, local dish: the corner stone of nutrition for the community. There are many nations throughout the globe which are notorious for matching locally produced liquor to an array of food dishes, and possible one of the most widely known places to do so is right here in our own back yard.

Japan, with its customary regime of tantalizing taste buds with well balanced combinations, has mastered the skill of matching up spirits with food. Like many other cultures, pairing dates back to a period where the Shogun reigned and Ronin were running around the country side with swords drawn. In current times, the relationship between food and alcohol has long lived on despite the decline in drink trends, such as Sake and Sochu consumers.

Although the ongoing tradition of pairing food with drink is still present, or quite arguably the other way around, things have stepped up a notch throughout the globe. A lot of people have become that little more sophisticated when it comes to indulging their palates. Consumers of both food and drink are becoming educated and crossing boundaries that were once never considered. Instead of the classic pairing of say wine with a pasta dish or an adequate beer with a steak, dinners have become more daring and began to break away and opt for new alternatives. Perhaps a prime example is that of the current interest of pairing single malt whisky to various menus, and in particular Japanese whiskies. Locally distilled whisky from all the competitive brands can be amazingly complex; therefore it lends itself to pairing with an array of foods.

Breaking away from tradition, and as bizarre as it may sound, anything from Sushi to Nagoya?s famed chicken wings and Miso Katsu, seafood to Japanese pickles, the vast range of food items that can be paired with Japanese whisky are waiting for the challenge.

Sure, there are a bunch of well received whisky brands throughout the world, with many available in all the major liquor stores throughout Japan, but locally distilled whisky from the hands and hearts of the blenders of the Japanese whisky industry often create their distillate with the thought of making the spirit suitable for food pairing.

If you desire the taste and aroma of something completely different, arguably unique and often untouched, then pairing Japanese whisky to your next meal is sure to satisfy your craving. The exceptional and exquisite flavours in Japanese whisky will ensure an overwhelming experience. Next time you are out and about, and finances are not an issue treat yourself to a local, reasonable dish, paired with a Japanese whisky and savor the complexity of the spirit matched with food, you may bring to light a whole sensation and liking you never thought was possible.

Source: http://www.ranmagazine.co/spice-up-your-palate/

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In the Supreme Court, a Fight Over Sanctions for Government ...

The Justice Department doesn't want the U.S. Supreme Court to hear a dispute over alleged prosecutorial misconduct, urging the court to keep in place a ruling that voided an award of more than $600,000 in attorney fees to a Miami doctor who was acquitted in a drug case.

Responding to the Justice Department today, Dr. Ali Shaygan's lawyers continued their effort to convince the high court to review the decision of the U.S. Court of Appeals for the 11th Circuit to dismiss the legal fee award.

At issue is this: Under what scenario is a criminal defendant allowed to recoup legal fees under the Hyde Amendment? Federal law says a defendant can try to obtain fees if the legal position of the United States was vexatious, frivolous or in bad faith. But those terms are not defined.

The Justice Department said in its Supreme Court papers that a defendant must show at the start that a case itself should never have been brought in the first place. Shaygan's chief lawyer, David Markus, said today in response that the government is attempting to craft a new provision under the Hyde Amendment. Shaygan's brief is here.

"In the government's view, a mere finding of probable cause by a grand jury is enough to insulate bad prosecutors," Markus said in court papers. "But the grand jury is simply not an effective protection for defendants."

Markus said the Justice Department's "fundamental revision of the Hyde Amendment's plain language is made without citation to the statute or a single case."

The government's brief in the high court said Shaygan is not entitled to fees "because the petition of the United States in prosecuting him was not taken in bad faith."

"An award of fees and costs under the Hyde Amendment presupposes the existence of a prosecution that the government should not have brought or pursued," the DOJ brief said. "When the government does bring or pursue such a prosecution and a defendant can establish that it did so for an improper purpose, the defendant can establish bad faith under the Hyde Amendment."

The trial judge in the Shaygan case, Alan Gold of U.S. District Court for the Southern District of Florida, ordered the government to pay nearly $602,000 in fees and costs as a sanction for alleged misconduct. The judge pointed to the prosecution's initiation of a witness tampering probe targeting Shaygan's attorneys and the government's violation of requirements to turn over certain information to Shaygan's counsel.

An 11th Circuit panel overturned the decision. Later, the full appeals court, divided, declined to hear the case. Judge William Pryor Jr. wrote in denying full-court review that "the Hyde Amendment is concerned with wrongful prosecutions, not wrongs that occur in objectively reasonable prosecutions."

In August, more than sixty former judges and federal prosecutors?represented by Thomas Goldstein of Washington's Goldstein & Russell?filed a brief in support of Shaygan. The brief called the 11th Circuit ruling "a bolt from the blue."

The judges' and prosecutors' brief said the appellate court decision "sends a signal that prosecutors may pursue a vindictive agenda with impunity so long as they have reason to believe in the defendant?s guilt."

Markus said in his brief filed today that the 11th Circuit decision "insulates the government from sanctions in the face of extreme bad faith misconduct."

"When a defendant is found not guilty and can show that the government tried to convict by cheating, he should be able to recover his fees and costs," Markus said.

Source: http://legaltimes.typepad.com/blt/2012/10/in-the-supreme-court-a-fight-over-sanctions-for-government-misconduct.html

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Droplet response to electric voltage in solids exposed

ScienceDaily (Oct. 23, 2012) ? For the first time, scientists have observed how droplets within solids deform and burst under high electric voltages.

This is important, the Duke University engineers who made the observations said, because it explains a major reason why such materials as insulation for electrical power lines eventually fail and cause blackouts. This observation not only helps scientists develop better insulation materials, but could also lead to such positive developments as "tunable" lenses for eyes.

As the voltage increases, water droplets, or air bubbles, within polymers slowly change from their spherical shape to a more tubular shape, causing extremely large deformation within the material. Over time, this can lead to cracking and failure of the polymer, the researchers said. Polymers are a class of "soft" materials that can be found almost everywhere, most commonly as an insulator for electrical wires, cables and capacitors. Droplets or bubbles can be trapped in these polymers as defects during fabrication.

"The effects of electric voltage on droplets in air or in liquid have been studied over decades,' said Xuanhe Zhao, assistant professor of mechanical engineering and materials science at Duke's Pratt School of Engineering. "We take advantage of the understanding of these electrified drops in air or liquid every day, such as in the use of ink-jet printers.

"Conversely, no one has actually observed the effects of electric voltages on droplets in solids," Zhao said.

The results of Zhao's experiments were published online Oct. 23, 2012, in the journal Nature Communications. His work is supported by and the National Science Foundation's Research Triangle Materials Research Science and Engineering Center, National Science Foundation's Materials and Surface Engineering program and National Institutes of Health.

In air or liquid, droplets subjected to increased voltage tend to transform into a cone shape that eventually emits tiny droplets from the pointed end of the cone. This is the basic phenomenon that is taken advantage of in inkjet printers and similar technologies.

"Changes in electrified drops in solids have not been well studied, because it has been very difficult to observe the process as the solid would usually break down before droplet transformation could be captured," Zhao said. "This limitation has not only hampered our understanding of electrified droplets, but has hindered the development of high-energy-density polymer capacitors and other devices."

This knowledge becomes especially important, Zhao said, as scientists are developing new polymers designed to carry higher and higher loads of electricity.

Zhao's experiments involved droplets, or bubbles, encapsulated within different types of polymers. Using a special technique developed by Zhao group, the team observed and explained how increased voltage caused the droplet to form a sharp "tip" before evolving into the tubular shape.

"Our study suggests a new mechanism of failure of high-energy-density dielectric polymers," Zhao said. "This should help in the development of such applications as new capacitors for power grids or electric vehicles and muscle-like transducers for soft robots and energy harvesting."

The experiments also showed how polymers "deformed," or changed shapes, at different voltages before they failed.

"It appears that it could be possible, just by varying voltages, to change the shape of a particular polymer," Zhao said. "One of the new areas we are now looking into is creating lenses that can be custom-shaped and used in ophthalmic settings."

Other members of the team were Qiming Wang, Zhao's graduate student, and Zhigang Suo, Harvard University.

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The above story is reprinted from materials provided by Duke University, via EurekAlert!, a service of AAAS.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.

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Journal Reference:

1. Qiming Wang, Zhigang Suo, Xuanhe Zhao. Bursting drops in solid dielectrics caused by high voltages. Nature Communications, 2012; 3: 1157 DOI: 10.1038/ncomms2178

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/~3/XL8P5GrpZ5E/121023152322.htm

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Rewards programs: When do consumers compare experience over value?

Public release date: 22-Oct-2012
[ | E-mail | Share ]

Contact: Mary-Ann Twist
JCR@bus.wisc.edu
608-255-5582
University of Chicago Press Journals

Consumers are often less satisfied when they buy or receive products that are easily counted because this makes them focus on value instead of experience, according to a new study in the Journal of Consumer Research.

"Numbers make us feel more certain of what is in front of us. When we count, we understand exactly how big, expensive, heavy, or old something is. But when we buy or receive products that are easily counted, we may be less satisfied," write authors Jingjing Ma and Neal J. Roese (both Kellogg School of Management, Northwestern University).

What happens when consumers are compensated with gifts such as a toaster or a winter coat instead of cash? If two consumers receive the same dollar value, it shouldn't matter if it comes in the form of gifts or cash. But it does matter.

In one study, the authors rewarded consumers with either cash or slices of cake. Predictably, consumers who received more cash were happy with the outcome while those getting less cash were upset. But whether people received more or less cake didn't affect their satisfaction nearly as much. Because the cake slices were less easily counted, people were just as happy with less as with more. When consumers received a slice of cake, they were more likely to focus on how delicious their cake is and ignore how much cake others received.

Another study showed that when people miss out on a deal, they are more upset when that deal was countable (buy one, get one free) rather than uncountable (get a larger bottle at the regular price). This suggests that programs offering rewards that can be easily counted such as airline frequent flyer miles may be less satisfying to consumers than less easily counted reward programs such as those offering free products or vacation packages.

"Countability drives comparisons. When rewards are easily counted, people are more likely to compare themselves with others. But when rewards are less easily counted, people focus mostly on the unique aspects of their own experience," the authors conclude.

###

Jingjing Ma and Neal J. Roese. "The Countability Effect: Comparative versus Experiential Reactions to Reward Distributions." Journal of Consumer Research: April 2013. For more information, contact Jingjing Ma (jingjing-ma@kellogg.northwestern.edu) or visit http://ejcr.org/.

---

[ | E-mail | Share ]

?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Public release date: 22-Oct-2012
[ | E-mail | Share ]

Contact: Mary-Ann Twist
JCR@bus.wisc.edu
608-255-5582
University of Chicago Press Journals

Consumers are often less satisfied when they buy or receive products that are easily counted because this makes them focus on value instead of experience, according to a new study in the Journal of Consumer Research.

"Numbers make us feel more certain of what is in front of us. When we count, we understand exactly how big, expensive, heavy, or old something is. But when we buy or receive products that are easily counted, we may be less satisfied," write authors Jingjing Ma and Neal J. Roese (both Kellogg School of Management, Northwestern University).

What happens when consumers are compensated with gifts such as a toaster or a winter coat instead of cash? If two consumers receive the same dollar value, it shouldn't matter if it comes in the form of gifts or cash. But it does matter.

In one study, the authors rewarded consumers with either cash or slices of cake. Predictably, consumers who received more cash were happy with the outcome while those getting less cash were upset. But whether people received more or less cake didn't affect their satisfaction nearly as much. Because the cake slices were less easily counted, people were just as happy with less as with more. When consumers received a slice of cake, they were more likely to focus on how delicious their cake is and ignore how much cake others received.

Another study showed that when people miss out on a deal, they are more upset when that deal was countable (buy one, get one free) rather than uncountable (get a larger bottle at the regular price). This suggests that programs offering rewards that can be easily counted such as airline frequent flyer miles may be less satisfying to consumers than less easily counted reward programs such as those offering free products or vacation packages.

"Countability drives comparisons. When rewards are easily counted, people are more likely to compare themselves with others. But when rewards are less easily counted, people focus mostly on the unique aspects of their own experience," the authors conclude.

###

Jingjing Ma and Neal J. Roese. "The Countability Effect: Comparative versus Experiential Reactions to Reward Distributions." Journal of Consumer Research: April 2013. For more information, contact Jingjing Ma (jingjing-ma@kellogg.northwestern.edu) or visit http://ejcr.org/.

---

[ | E-mail | Share ]

?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Source: http://www.eurekalert.org/pub_releases/2012-10/uocp-rpw102212.php

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Exxon Mobil Receives Green Cross Safety Award

The National Safety Council has announced that Exxon Mobil Corporation is the recipient of its 2013 Green Cross for Safety medal. The company was awarded the prize "for its comprehensive commitment to safety excellence," the council stated. Here are the details.

* The Green Cross for Safety medal, established in 2000, is awarded annually to organizations who demonstrate a commitment to "improving safety and health in the workplace and beyond," the National Safety Council explained.

* According to the council, Exxon Mobil -- the largest publicly traded international oil and gas company -- has accomplished safety, security, health and environmental performance through clearly defined policies and practices.

* In spite of the award, Exxon Mobil acknowledged in its 2011 Corporate Citizen Report, released in June, that there were some undesirable outcomes for the year found in its performance data.

* Once of the undesirable performance trends indicated in the report was 484 spills involving oil, chemical and drilling fluid not from marine vessels. These incidences were a dramatic increase from the 210 spills Exxon Mobil reported in 2010.

* The company also reported that it had nine fatalities of contractors in 2011, while there were only three in 2010. The fatal accident and lost-time incident rate for the total workforce increased last year over 2010 levels.

* "This year, some of the trends in our safety and environmental performance did not meet our expectations and we are taking action to address them," stated Rex W. Tillerson, Exxon Mobil Chairman and CEO in the 2011 Corporate Citizenship Report. "We will not stop working to achieve our goal of driving accidents and incidents with a real impact to zero."

* Exxon Mobil currently has operations on six continents, the company reported, stating that it strives to become part of local communities and economies in addition to supplying energy.

* The National Safety Council plans to honor Exxon Mobil for its achievement at an April 2013 event in Houston, Texas.

Source: http://news.yahoo.com/exxon-mobil-receives-green-cross-safety-award-204700566.html

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Yahoo's 3Q earnings, revenue top Street's forecast

SAN FRANCISCO (AP) ? Yahoo ushered in Marissa Mayer as its new CEO with a third-quarter earnings report that topped analyst estimates.

The results announced Monday show Yahoo's net revenue barely grew at a time when advertisers are spending more money marketing their products and services online.

Nevertheless, the numbers were slightly better than analysts projected. Yahoo Inc. hired Mayer away from rival Google Inc. to orchestrate its latest turnaround attempt in mid-July, shortly after the quarter started.

Investors applauded the early progress reflected in Monday's report. Yahoo shares gained 48 cents, or 3 percent, to $16.25 in extended trading.

The company earned $3.2 billion, or $2.64 per share, in during the three months ending in September. Most of that profit stemmed from a one-time gain of $2.8 billion that Yahoo pocketed by selling half its stake in Alibaba Group, one of China's most successful Internet companies. Yahoo earned $293 million, or 23 cents per share, at the same time last year.

If not for the Alibaba windfall and a restructuring charge, Yahoo said it would have earned 35 cents per share. On that basis, the company topped the average earnings estimate of 26 cents per share among analysts surveyed by FactSet.

Yahoo's revenue for the quarter totaled $1.2 billion, a 1 percent decrease from last year. But that comparison is misleading because last year's revenue included revenue that Yahoo no longer books because of an Internet search advertising partnership that diverts some of its ad sales to Microsoft Corp.

Wall Street focuses on net revenue ? the amount of money Yahoo keeps after paying its commission to Microsoft and other sites that run its ads.

Net revenue in the latest quarter rose 2 percent to $1.09 billion ? about $10 million more than analysts had predicted.

Although it wasn't substantially above the analyst target, the net revenue figure came as a relief after years of letdown under the previous five full-time and interim CEOs that have run Yahoo since the company turned down an opportunity to sell itself to Microsoft for $33 per share in May 2008.

The meager revenue growth illustrates the challenges facing Mayer as she tries to come up with a strategy that will persuade advertisers to rely more on Yahoo's website instead of Google's extensive marketing network and Facebook's popular social networking service.

"We're taking important steps to position Yahoo for long-term success, and we're confident that our focus on quality and improving the user experience will drive increased value for our advertisers, partners and shareholders," Mayer said in a statement.

Mayer, 37, is expected to elaborate on her plans during a Monday conference call with analysts.

Source: http://news.yahoo.com/yahoos-3q-earnings-revenue-top-streets-forecast-202903744--finance.html

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Police keep mum on arrest in killing of Ore. woman

This image provided by the Multnomah County Sheriff's office shows the booking photo for Jonathan Daniel Holt taken early Saturday Oct. 20, 2012. Holt, 24, of Gresham, Oregon, a resident of the apartment complex where Whitney Heichel lived with her husband, was arrested for investigation of aggravated murder Friday night, about the same time her body was found on Larch Mountain, east of Gresham. He was scheduled to be arraigned Monday in Clackamas County. (AP Photo/Multnomah County Sheriff)

This image provided by the Multnomah County Sheriff's office shows the booking photo for Jonathan Daniel Holt taken early Saturday Oct. 20, 2012. Holt, 24, of Gresham, Oregon, a resident of the apartment complex where Whitney Heichel lived with her husband, was arrested for investigation of aggravated murder Friday night, about the same time her body was found on Larch Mountain, east of Gresham. He was scheduled to be arraigned Monday in Clackamas County. (AP Photo/Multnomah County Sheriff)

This department of motor vehicles image provided by the City of Gresham, Ore., shows Whitney Heichel. Police said Friday Oct. 19, 2012, that children playing outside an apartment complex have found the cellphone of Heichel, an Oregon woman who vanished three days ago under suspicious circumstances. Authorities said the phone will be examined Friday for clues about what happened to Heichel after she failed to show up for work Tuesday morning.(AP Photo/DMV via City of Gresham)

GRESHAM, OREGON - October 18, 2012 - Clint Heichel gets a hug from Lorilei Ritmiller, mother of Whitney Heichel, as he breaks down after he attempted to speak at a news conference Thursday Oct. 18, 2012 in the council chambers for the City of Gresham. (AP Photo/Brent Wojahn, The Oregonian)

Lorilei Ritmiller, mother of Whitney Heichel, 21, Gresham, who is the subject of a suspicious disappearance case in Gresham speaks at a press conference in the council chambers for the City of Gresham Thursday Oct. 18, 2012. (AP Photo/Brent Wojahn, The Oregonian)

Friends and acquaintances of Whitney Heichel gather at the Starbucks where she worked, Saturday, Oct. 20, 2012 in Gresham, Ore. The discovery of the body of Heichel, on a remote, forested mountain gave a terrible answer to the family, friends and church members who worked so hard to find out what happened to her. But it remained unclear Saturday what information led police to a neighbor and acquaintance who quickly emerged as a suspect in her death last week. (AP Photo/The Oregonian, Ross William Hamilton) MAGS OUT; TV OUT; LOCAL TV OUT; LOCAL INTERNET OUT; THE MERCURY OUT; WILLAMETTE WEEK OUT; PAMPLIN MEDIA GROUP OUT

GRESHAM, Ore. (AP) ? The discovery of a 21-year-old woman's body on a remote, forested mountain gave a terrible answer to the family, friends and church members who worked so hard to find out what happened to her.

But it remained unclear Saturday what information led police to a neighbor and acquaintance who quickly emerged as a suspect in her death last week.

Jonathan Holt, 24, of Gresham, a resident of the apartment complex where Whitney Heichel lived with her husband, was arrested for investigation of aggravated murder Friday night, about the same time her body was found on Larch Mountain, east of Gresham.

He was scheduled to be arraigned Monday in Clackamas County.

Police said autopsy results would not be released Saturday and sought to derail speculation that Holt's relationship with Heichel was anything more than as an acquaintance.

"There is no evidence that has surfaced in the investigation leading investigators to believe there was anything more," according to a city news release.

Heichel reportedly left her apartment Tuesday morning for her job as a Starbucks barista. She never showed up, and three hours later, her husband, Clint, called police. He told investigators he tried to reach Whitney multiple times after her boss alerted him that she never arrived for her 7 a.m. shift.

Police said Heichel's ATM card was used at a nearby Troutdale gas station at 9:14 a.m. Tuesday. Two hours later, family and friends discovered her sport utility vehicle in a Wal-Mart parking lot with the passenger side window smashed.

Some of her items were found in a trash bin nearby, and a child later found her cellphone in a field that lies between the gas station and the Wal-Mart.

Police began searching Larch Mountain on Wednesday, believing that Heichel's SUV was driven there, and discovered her body Friday night. The family's search team had discovered a license plate and other "items of interest" on Larch Mountain, police Chief Craig Junginger said.

Holt first came to their attention Wednesday, when he volunteered to be interviewed, Junginger said, and two interviews revealed inconsistencies in his statements. He submitted to fingerprint and DNA analysis, and that helped tie him to the SUV, the chief said.

It was not immediately clear if Holt had obtained a lawyer. He remained held without bail at the Multnomah County Detention Center.

Police did not respond to requests for comment Saturday and said in an email that no further information would be released.

Jim Vaughn, a family spokesman, thanked police for their commitment in the case.

"Whitney was a very loving person," he said Friday. "She was warm, she was kind, she was everything you would want in a friend, relative, spiritual fellow worshipper."

He asked for privacy for the family, saying: "Our loss and heartache is too much to bear right now."

"To say that this case brought fear and anxiety to the community is a vast understatement," Mayor Shane Bemis said. "As we watched these events unfold, Whitney in many ways represented all of our wives, daughters, sisters, friends and loved ones."

___

Online:

http://findwhitneyheichel.com

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2012-10-21-US-Missing-Oregon-Woman/id-9db2f4a9d7b04954bbd0d6af0d2e46d4

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Morocco denies pagan rock carving destroyed

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