Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/~3/RTGmvnyFEho/130829155852.htm
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Saturday, August 31, 2013
Toward an early diagnostic tool for Alzheimer's disease
[unable to retrieve full-text content]Despite all the research done on Alzheimer's, there is still no early diagnostic tool for the disease. By looking at the brain wave components of individuals with the disease, scientists have identified a promising avenue of research that may not only help diagnose the disease, but also assess its severity.
Food bill credit negative for India, says Moody?s
NEW DELHI: The food security bill approved by Lok Sabha will heighten India's macroeconomic problems and hurt government finances, global rating agency Moody's Investors Service cautioned on Thursday.
It said the Food Security Bill is credit negative for the Indian government. The agency has a Baa3 rating on India with a stable outlook. This is a notch above the junk grade status.
The Lok Sabha on Monday approved the food security bill, which seeks to provide subsidized foodgrains to 75% of the rural population and 50% of the country's urban population. While the objective behind the bill has been lauded, it has faced strong criticism for the possible impact on government finances, the farm sector and the broader economy.
Experts have slammed the timing of the bill, which comes against the backdrop of a slowing economy and a volatile currency. "The measure is credit negative for the Indian government (Baa3 stable) because it will raise spending on food subsidies to about 1.2% of GDP per year from an estimated 0.8% currently, exacerbating the government's weak finances," Moody's said.The agency said India's fiscal deficit is higher than those of its emerging market peers. "Because the bill will take effect only in the last few months of the fiscal that ends March 2014, it will not significantly affect the fiscal 2014 budget. However, it will raise future subsidy expenditure commitments, hindering the government's ability to consolidate its finances," Moody's said.
FM P Chidambaram has said that the government will meet its fiscal deficit target of 4.8% of GDP for the current fiscal and has vowed that the government will not breach "the red line." Moody's also said in addition to the fiscal effect, the government subsidies will contribute to India's already high food inflation. "As we have noted previously, India's fiscal deficits contribute to the current account deficit by keeping domestic demand high, thus increasing imports."
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After falling behind 2-0 early in the 1st , Coach DeBoer rallies his troops & th...
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Utilisateur:ChildsVestal424 - Direct Velo Wiki
[unable to retrieve full-text content]Thankfully this is all in the past a result of the efforts of plus size women models like Sophie Dahl and Emme Aronson who may have brought the interest of designers back to plus size clothing and subsequently increased the availability of plus ...
Source: http://wiki.directvelo.com/index.php/Utilisateur%3AChildsVestal424
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Pants-dropping 'Hangover' actor dies
Celebs 
10 hours ago
Richard Parks / Vimeo
Murray Gershenz in "Music Man Murray."
Murray Gershenz, a singer and record collector who turned to acting late in life and made his mark by dropping his pants in "The Hangover," died of a heart attack Wednesday, The Los Angeles Times reported. He was 91.
Acting wasn't initially Gershenz's calling; he spent over 75 years doing other things, including singing opera, singing as a cantor in synagogue, and amassing hundreds of thousands of records in his L.A.-based record shop. But at age 80, he started taking acting jobs on film and TV, and made memorable appearances in films like "The Hangover" and "The Incredible Burt Wonderstone" and on TV shows like "Modern Family" and "Mad Men."?
The singer-turned-actor was the subject of a short documentary made in 2011, whose title was the name of his store: "Music Man Murray." In it, he chronicled his love of music and albums and his search for a buyer for his massive collection. The Times noted that he had achieved that goal in early 2013, selling to a New York-based buyer who had to enlist a fleet of 52 trucks to transport the collection.?
But amid that quest, Gershenz devoted himself to acting, memorably appearing in 2009 as Felix in "The Hangover," where he underwent an examination of his private parts; in "I Love You Man" the same year he formed a human pyramid with Paul Rudd, Andy Samberg and Lou Ferrigno. He first broke into acting in a 2001 episode of "Will & Grace," and ultimately appeared on shows like "Raising Hope," "House," and "Parks and Recreation."
Variety reported that Gershenz "remained in good health until his sudden death" and was working on the series "Sullivan & Son" most recently. Two sons, a daughter, two grandchildren and two great-grandchildren survive him.
(Note: Video contains mild nudity, vulgarity.)
Source: http://www.today.com/entertainment/hangover-actor-murray-gershenz-dies-91-8C11040932
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Friday, August 30, 2013
Grand View and Drake get the college football season started
The college football season kicks off in Des Moines tonight as Drake plays host the Grand View. Coming off back-to-back Pioneer Football League championships the Bulldogs take an experienced defense into the new season but coach Chris Creighton says there are always a lot of question marks in a season opener.
?Especially a first game when you just don?t for sure what you?re going to get from the opposition,? Creighton says. He says they?ve watched film on Grand View, but the coaches have had a long time in the offseason to tinker with what they are doing.
Creighton says the coaches and players will need to be ready to make adjustments, but he says it is impossible to be ready for everything and they just have to do the best with what they know from last year.
Creighton says the Bulldogs are opening against a talented opponent, and says it wouldn?t surprise him is this is their most talented team. Grand View opens the season ranked in the NAIA top 20 and coach Mike Woodley?s team hopes to make another run at the national playoffs.
?I know it?s their best gate at Drake, we bring a ton of fans over there and our people are excited about playing a division one school,? Woodley says. He says as long as they keep the game competitive, it?s a good opening game for Drake to play.
Woodley has been working on building depth so the Vikings can withstand a brutal schedule. After tonight the Vikings play three of the teams ranked in the top five in the NAIA pre-season poll in the first five weeks of the season.
?That depth is critical because you are always going to have some dings?you?ve got to have guys who can step in there and to the job that that starter did,? Woodley says.
With the temperature expected to reach the mid-90s Drake officials have moved kickoff back one hour to seven o?clock.
Source: http://www.radioiowa.com/2013/08/29/grand-view-and-drake-get-the-college-football-season-started/
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First Look: ?Graphite? iPhone 5S Shell, iPad mini 2 Shell Hands-On [VIDEO]
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Seeing Random Things Cut in Half Is the Best Thing
Here's your #FollowFriday or #ff or whatever the cool tweet birds called it back when Twitter launched years ago and people had no idea what it was for so they made their followers create a giant circle: @HalfPics. It's a simple Twitter account that shows random things chopped in half. How random? There are grenades, camera lens, guns, ramen, toothpaste, donuts and coffee, shoes and so on. Basically, endless entertainment.
     |
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New video shows altercation before woman's arrest (Rochester Democrat and Chronicle)
This Titanium Watch Can Tell You When It's Losing Accuracy
To watch collectors and aficionados, mechanical movements are particularly desirable since they best represent the fine craftsmanship and precise engineering that has gone into watch and clock making for centuries. But ironically, even with today's technology, mechanical movements don't keep perfect time. They gain and lose seconds as they lose power, so Urwerk has created a watch that's smart enough to know when it's not accurate, letting you make adjustments as needed.
Source: http://gizmodo.com/this-titanium-watch-can-tell-you-when-its-losing-accur-1215286050
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Twitter Celeb Fan Club: Selena Gomez & Kelly Clarkson, Lady Gaga &...Samuel L. Jackson?
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Source: abcnewsradioonline.com --- Wednesday, August 28, 2013
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Leak: Windows 8.1 RTM x86/x64 English (WZT)
Read more at Microsoft News
Source: http://feedproxy.google.com/~r/WmPowerUser/~3/JiGovfTxoxQ/
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Quip, Ex-Facebook CTO Bret Taylor's New Word Processor App, Now Supports French, German, Italian And Spanish
Quip, the mobile-first iOS and Android word processing app, spent many months in stealth mode as its creators, Bret Taylor (ex-Facebook CTO) and Kevin Gibbs (father of Google Apps Engine) built and polished the app for a debut at the end of July. But when it's come to international expansion, the developers have wasted little time. Today, Quip is announcing its first moves into international markets, specifically Europe, with native language support extended to French, German, Italian and Spanish. Taylor tells TechCrunch that they expect to add several more languages, with a specific focus on Chinese, "as quickly as possible." The markets where mobile is rapidly becoming the primary platform for people to go online are a key target for Quip.Source: http://feedproxy.google.com/~r/Techcrunch/~3/hY9ARU2AJ-E/
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Thursday, August 29, 2013
Volkswagen electrifies the Up and Golf
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Volkswagen is set to ?shock? Frankfurt with electrified versions of its popular Up city car and Golf hatchback.
With almost every manufacturer offering frugal variants of its most popular models, Volkswagen has decided to follow with electric (EV) versions of two of its most enticing models. These models will be officially revealing themselves at the 2013 Frankfurt Motor Show this September.
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Get QuotesAccording to the German car maker, both the Up city car and Golf hatchback will retain the brands much loved reliability and practicality ? with the obvious benefit of zero emissions.
The electric Volkswagen Up ? known as the e-up ? features a 60 kW/81bhp electric motor, offering 210Nm of torque and a top speed of 81mph. It can reach 62mph from a standstill in 12.4 seconds.
As you can imagine, the larger electric Volkswagen Golf ? known as the e-Golf ? is slightly more powerful. The e-Golf makes use of an 85 kW/113bhp electric motor offering 270Nm of torque and a top speed of 87mph. The e-Golf completes the 0-62mph sprint in 10.4 seconds.
The Volkswagen e-up and e-Golf can travel up to around 100 and 118 miles respectively off a single charge. The EV?s also come available with a quick charger that allows 80 per cent battery capacity charging in just 30 minutes.
Standard equipment on the e-up and e-Golf includes a radio-navigation system, windscreen heating, automatic climate control and LED daytime running lights.
These new electric cars could prove to be a gateway into the mainstream EV market for the German manufacturer ? challenging the likes of Renault and its new Zoe supermini.
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Source: http://www.motortorque.com/volkswagen/golf/news/volkswagen-electrifies-the-up-and-golf-23192
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Fantasy Sports Portal :: Alex Rodriguez / Yankees Insider: Joe is A-OK with A-Rodâ??s attempt to hustle
On Tuesday, Alex Rodriguez hit home run No. 651 of his career, putting him just nine short of tying Willie Mays for fourth place on the all-time list. The mark now has more financial importance than historical. As part of A-Rod's 10-year, $275 million contract, he has five $6 million bonuses for home run milestones, the first of which is for tying Mays. One of the major issues hovering over A-Rod's appeal of his 211-game drug suspension is the $86 million he is owed through 2017.
While Alfonso Soriano and Alex Rodriguez continue to turn back the clock, New York Yankees starter Hiroki Kuroda would just simply like to dial things back a few weeks.
Who knows if and when Alex Rodriguez will be suspended for PED use, but we do know he is on fire right now.
Analysis:Rodriguez has homered in back to back games and now has 4 home runs in 20 games played. He?s also put together a four game hitting streak and has his batting average up to .284 with a sustainable BABIP. Among third baseman with at least 50 at bats Alex has a top ten OBP, wOBA and OPS. Alex also has 2 stolen bases to his credit. Over the last two weeks Alex has been a top ten fantasy third baseman and as long as he isn?t suspended he will produce enough to merit a pick up.
I can understand why many fantasy owners are hesitant to acquire A-Rod. But? he?s getting on base, getting tons of at bats and his power seems to be resurfacing. Shockingly, Rodriguez is available in 30-40% of fantasy leagues. Third base isn?t necessarily thin this year but David Wright is banged up and Ryan Zimmerman and Kung Fu Panda are underperforming.
It doesn?t hurt to consider the thirty-eight year old and unlike A-Rod there isn?t anything to lose.
Source: http://rd.sportsblogs.org/viewEntry.php?id=4312450&src=rss
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3 Compelling Reasons You Should Not Diet | Fitness Health, Health ...
August 28, 2013
?
Posted by Rene in Body Health, Featured, Healthy Recipes, Nutrition ?
Tags: diet, food, health, life health, lifestyle, wellbeing ? 0 comments ?
If you believe that diets help you lose weight, you really need to reconsider that opinion. Although more people today are on diets than ever before, most areas of this world have higher levels of obesity than ever before. How can that be if diets actually work? The answer is: They don?t.
Here are three reasons you should nix the word ?diet? from your vocabulary and never consider it as a weight loss option again:
- It is based on restriction and deprivation. The basis of dieting is giving up some foods and limiting others. However, this is often counterproductive as you wind up increasing your cravings the minute you?re told you can?t or shouldn?t have something. Plus, it makes you feel guilty when you give yourself a treat. You end up feeling like you can?t enjoy life.
- It lowers your metabolism. When you regularly consume less than 1,200 calories a day as most diet plans recommend, you?ll decrease your metabolic rate and make it harder for your body to burn your excess fat. Instead, it wants to hold onto it as it thinks that it is starving and wants to make sure you have enough energy to get you through until you can get more food in your body.
- It is a temporary fix. Most diets are created to be temporary. They are designed to get you at your goal quickly, but are no way to live the rest of your life. And, temporary changes equal temporary results. You normally wind up regaining all of the weight you lost ? and more.
If you?re looking to lose weight, remove diets as an option and focus on changing your lifestyle. Add more veggies to your menu, drink more water, and get more active. Eat to fuel your body, not satisfy your mind.
Take it slow. You didn?t gain your weight overnight and, unfortunately, you?re not going to lose it overnight either. While it?s understandable that quick fix options are very appealing, just remember that they?re also temporary solutions.
It?s time to let go of the diet mentality. Once you do, you may just start to see your weight melt off. How?s that for a reason to not diet?
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Help Wanted: Home Improvement Sales, Therapist and More ...
Take a look at who's hiring in the area.
For those seeking work in the area ? or those who are looking for a new job, or even a second job ? here is a list of local job openings. Also, the New York Department of Labor offers tips and links on its?website.
Little People's Child Care Center, Medford- Title:?Teacher's assistant
- Duties:?Work in a team environment with good communication skills, aiding teachers in classroom setting.
- Apply here
- Title:?Pharmaceutical representative
- Duties:?Provide healthcare professionals with up-to-date information regarding approved indications.
- Apply here
- Title:? Retail Sales Professional
- Details:?Provide customer service, work within a team environment; positions are full-time.
- How to apply:?Send your resume to?recruitment@mattress.com.
- Title:?Speech language pathologist
- Duties:?Deliver therapy services to adults with disabilities; afternoon hours.
- How to apply
- Title:?Outside sales representative
- Duties:?Generate leads, conduct sales presentations and measure and price product.
- How to apply
- Title:?Assistant manager
- Duties:?Aid manager in meeting sales goals, hiring and training staff and more.
- How to apply
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Landon Donovan re-signs with Los Angeles Galaxy
CARSON, Calif. (AP) ? Just a few months after Landon Donovan thought he might be finished with soccer, he re-signed with the Los Angeles Galaxy on Wednesday with his passion rekindled.
Donovan agreed to a multiyear contract extension that could make him the highest-paid player in MLS if he reaches incentives within the deal. His decision to stick with the Galaxy is another turn in an eventful year for the fleet-footed midfielder widely considered the best player in American history.
"I'm very proud of what I've accomplished," Donovan said at a news conference in an upscale club at StubHub Center. "I'm very happy in the present, but I have a lot more to achieve. This is not a reward for what I've done. This is something I'm going to earn."
After winning his fifth MLS Cup title last December, the 31-year-old Donovan spent the winter on a self-imposed sabbatical, battling burnout and exhaustion from 14 years of pro soccer. He returned in late March to fulfill the final year of his current Galaxy contract, but missed the first month of the MLS season and fell out of favor with U.S. national team coach Jurgen Klinsmann.
But the top scorer in U.S. national team history has been rejuvenated by the Galaxy's unwavering support and his resurgence with the American team. With the perspective of time and distance, he has embraced the prospect of more challenges to chase, including a fourth World Cup appearance.
"Was this day ever in doubt? Yeah, for a lot of reasons," Donovan said. "I didn't know five months ago if I wanted to keep playing much longer. This summer, through a lot of work and through a lot of support from friends, family, the Galaxy, it's now very clear to me that I want to keep playing. I really enjoy this game. I love it. I've found my passion again, and I'm excited about it."
Donovan has been with the Galaxy since 2005, winning three of his five career MLS Cup titles in his native Southern California. Alongside David Beckham and Robbie Keane, the fleet-footed midfielder led Los Angeles to its second straight MLS championship last December before his break, which included a trip to Cambodia.
Now that he's back with MLS' glamour franchise as it closes in on another playoff spot for its title defense, Donovan decided he still has much more to do as a soccer trailblazer. Donovan is the third-leading goal-scorer in league history, trailing Jeff Cunningham by just three goals, but he's more interested in winning MLS trophies and fostering the game's U.S. growth.
"It's a tremendous signing, a historic signing for us," said Dan Beckerman, the CEO of Galaxy owners AEG. "It's overwhelming and staggering what he's accomplished in this league and his career. He's always demonstrated his commitment to growing soccer in this league and in this country. A lot of success that MLS has had is attributable to his effort."
Los Angeles patiently waited for Donovan to return to his current form while negotiating a long-term deal for his future. Donovan said the deal "was as much about respect and feeling wanted as anything," and the Galaxy made sure Donovan knew how much he means to the franchise and the American game.
"This is the place I want to end my career," Donovan said. "I've always wanted to be here. I've always wanted to play here. When other opportunities arose, they paled in comparison to playing here."
Donovan, who previously played with Bayer Leverkusen and Everton, attracted attention from European clubs this year while his MLS future was uncertain. Donovan emerged from his hiatus and subsequent negotiations totally committed to MLS and the Galaxy, saying he's not even interested in going to Europe on loan during the winter.
"I've never made decisions for money, and I think I'm a much happier person for it," Donovan said.
The Galaxy are grateful to hear he's comfortable and committed. Donovan is one of Los Angeles' three designated players ? who can receiver higher salaries than MLS regulars ? joining Irish national team star Keane and U.S. national team defender Omar Gonzalez.
"We think we've got three great designated players," said Bruce Arena, the Galaxy's longtime coach and general manager. "We couldn't be more thrilled to have them. I think we've got the three best in the league."
Donovan has more to accomplish in MLS, but he's also eager for more U.S. national team success. He has played a leading role on the last three World Cup teams while becoming the U.S. national team's career scoring leader in 150 appearances.
He returned to the international stage last month with a flourish, scoring five goals and showing off his remarkable playmaking ability while leading the Americans to the CONCACAF Gold Cup title. Donovan then scored four goals in the Galaxy's last three games since he returned from the tournament.
Donovan's return to the Galaxy is more good news for MLS, which welcomed U.S. star Clint Dempsey to Seattle this summer. Donovan believes the league has reached another superlative in its steady growth, and he wants to be part of it.
"I think we're seeing a little bit of a tipping point right now," Donovan said. "When you have a guy like Clint Dempsey, with all that he's done and the player that he is, wanting to be in our league, it makes a big statement. When you have a young defender who has a plethora of options and Omar wants to stay here, it makes a big statement."
Source: http://news.yahoo.com/landon-donovan-signs-los-angeles-galaxy-191252568.html
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McCain stubbornly believes the House GOP can pass immigration ...
U.S. Senator John McCain and U.S. Senator Jeff Flake speak to reporters after attending a ?Conversation On Immigration? during a town hall event in Mesa, Arizona August 27, 2013. (Photo by Joshua Lott/Reuters)
Senator John McCain isn?t ready to concede that House Republicans won?t pass real immigration reform. But he is watching the clock.
?It?s very important that we try to act before the end of this year,? McCain said at a town hall in Mesa, Arizona, on Tuesday. Waiting any longer will run into campaign season. ?But given looming battles over funding the government and increasing the debt ceiling, passing immigration legislation before 2014 may be unrealistic.
?I remain guardedly optimistic that our friends in the House of Representatives will agree to their legislative process and then we can get to conference,? McCain, who was joined by fellow Arizona Republican Senator Jeff Flake, told the audience. He cited the array of interests backing reform, including major business groups, labor unions, and evangelical organizations, as evidence of its momentum.
House leaders are moving forward with a series of bills on border security and visa programs, but they?ve yet to decide how?and whether?to offer legal status and a path to citizenship to the estimated 11 million undocumented immigrants living in America today. McCain is still hoping the House will support a citizenship component in a final deal.
?I don?t accept your premise that the House of Representatives will absolutely reject a path to citizenship,? McCain told a reporter at the forum. ?I think we?ll know more in two or three months.?
The Senate bill would require undocumented immigrants to meet a variety of requirements, including paying a fine and learning English, in order to obtain citizenship. The process would take at least 13 years for most eligible applicants. But among House Republicans, it?s not clear that the caucus supports even limited legal status for undocumented immigrants. Rep. Bob Goodlatte, chair of the House Judiciary Committee overseeing immigration legislation, recently suggested that even immigrants who were brought to the country illegally as children should not get a new path to citizenship.
Asked whether he might consider a deal that granted citizenship only to young undocumented immigrants, McCain didn?t dismiss the idea out of hand, but he said it would leave major policy holes.
?I think we?d have to cross that bridge when we come to it, but you?d still be faced over time by the same issue of 11 million people living in the shadows,? he said.
He added later:??Ours is not engraved in concrete, but a path to citizenship would have to be a part of it.?
House Republicans have also complained that they fear President Obama will find ways to avoid enforcing security provisions of the bill, citing his administration?s recent decision to delay implementing the health care law?s employer mandate. McCain insisted that a combination of judicial and Congressional oversight would make it difficult to circumvent new enforcement requirements.
?If you use that logic, [in] which people are saying ?Well, don?t pass legislation because the president won?t enforce it,? then let?s not pass any laws,? McCain said.
Senator Marco Rubio, who co-sponsored the Senate immigration bill with McCain and Flake, has warned Republicans that Obama might unilaterally ?legalize? the entire undocumented immigrant population via executive order if the House fails to pass a bill. Flake, for his part, didn?t think this was a realistic possibility.
?I think that would be very difficult to do,? he said. ?I don?t think that could happen.
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Wednesday, August 28, 2013
Fisk University students played big role in civil rights movement
Years before the historic March on Washington in 1963, a big part of the civil rights movement kicked off in Nashville, and a popular new film is reminding the world of the important role the city played in tearing down racial barriers.
"We always talk about Greensboro in 1963 and Jesse Jackson. And we always thought that's where everything began, but that's not the case," said Fisk University President James Williams.
One of the largest movements for civil rights actually took place in Nashville on the campus of Fisk University, and part of that story is told in the new movie The Butler.
Students just wanted to be treated fairly, not knowing how they would change our world.
"In November of 1959, the first test sit-in would take place at Christie's in downtown Nashville," said Fisk professor and historian Dr. Reavis Mitchell. "They came in and simply asked to be served. The response was, 'We don't serve negroes.'"
Those sit-ins then led to marches along Jefferson Street, where there were about a dozen in a three-year span. All of them were very organized and planned out.
"They practiced what it was like not to respond. They practiced not to respond if a cigarette was put on their neck," Mitchell said.
Mitchell was even struck by a brick during a march while Dr. Martin Luther King Jr. spoke of peaceful demonstrations at Fisk in 1960. And the school suffered, too, as many supporters began pulling their funding.
But Mitchell said students kept taking risks, including when Fisk student Diane Nash asked then-Nashville Mayor Ben West whether it is right or not to have segregated seating at lunch counters, to which West answered, "No."
Copyright 2013 WSMV (Meredith Corporation). All rights reserved.
Source: http://www.nbcnews.com/id/52868579/ns/local_news-nashville_tn/
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Michael Buble is father to a baby boy
Music 
14 hours ago
Courtesy of Michael Buble
Noah Buble.
Michael Bubl? has a new reason to sing: He and wife, actress Luisana Lopilato now have a new baby boy.
Bubl?'s representative confirmed the birth to The Associated Press, and the singer posted a picture of himself with Lopilato and their child to his Instagram account on Tuesday.?
He wrote in a caption to the photo, "Overjoyed and filled with gratitude at the arrival of our son Noah Bubl?. Born this morning, August 27th at 2:26 am in Vancouver, Canada."
Canadian Bubl?, 37, and Argentinian Lopilato, 26, wed in 2011 after meeting in 2009 on one of his concert tours. He reportedly wrote the song "Haven't Met You Yet" for her, and she appeared in the music video for the song.
Noah is the first child for both.?
Source: http://www.today.com/entertainment/michael-buble-father-baby-boy-8C11022211
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CYB3RCRIM3: Staples, the Laptop and the 4th Amendment
Eugene O. Dale pled ?guilty to sexual exploitation of a minor, where the number of materials possessed was greater than fifty and less than one hundred? in violation of Tennessee Code ? 39-17-1003 ?subject to a reserved certified question of law that challenged the trial court's denial of [his] motion to suppress evidence.?? State v. Dale, 2013 WL 4459012 (Tennessee Court of Criminal Appeals 2013). The trial judge ?imposed the agreed-upon sentence of eight years with a release eligibility of thirty-five percent.?? State v. Dale, supra. Tennessee Rules of Appellate Procedure Rule 3(b) lets a criminal defendant pled guilty while reserving the right to challenge the trial judge?s ruling on a particular issue of law, such as this judge?s denying Dale?s motion to suppress.? This procedure exists in the federal system and in other states; it is a way to let a defendant reserve the right to appeal what he or she thinks is an erroneous ruling without having to go through a trial (the assumption being that he or she might be convicted, if a trial was held with the evidence being admitted).
In his appeal, Dale argued that ?the warrant authorizing the search of his computer was not supported by probable cause because the affidavit for the search warrant relied upon unconstitutionally obtained information.?? State v. Dale, supra. ?To understand why he made that argument, it is necessary to understand how the case arose:
In November 2007, [Dale] took his computer to the computer department at Staples for repair. He left the computer at Staples after signing a work order requesting that the computer technicians discover the source of the viruses or spyware on the computer.
While working on [Dale?s] computer, a Staples computer technician, Joshua Westover, discovered what he believed to be child pornography on [his] computer. A Staples employee contacted the police, and Chattanooga Police Officer Charles Darling viewed the images at Staples and confiscated the computer.
Pursuant to a search warrant obtained by Hamilton County Sheriff's Department Detective James Usry, the Tennessee Bureau of Investigation (`TBI) examined [Dale?s] computer and found over fifty images of identifiable child pornography. Subsequently, the Hamilton County grand jury returned a presentment charging [Dale] with sexual exploitation of a minor . . . under Tennessee Code ? 39?17?1003.State v. Dale, supra. ?(A grand jury can return two types of charging documents:? an indictment, which is usually drafted by a prosecutor who submits it to the grand jury to see if they will approve (?return?) it; and a presentment, which is usually a set of charges the grand jury brings on its own.)
In his motion to suppress, Dale argued that
the Staples computer technician who discovered the illegal images was acting as an agent of the government, which, if true, would render the technician's examination of appellant's computer a search under search and seizure law.
[Dale] argued in the alternative that should the trial court rule that the technician's examination was permissible as a private party search, the police officer's search of the computer prior to seizing it exceeded the scope of the private party search.
[Dale] contended that the affidavit in support of the search warrant relied on information obtained from the police officer's illegal search, and without that information, there could not be a showing of probable cause to support the issuance of a search warrant.State v. Dale, supra. ?On appeal, Dale abandoned his claim that Westover was an agent of law enforcement, so the court did not address it. State v. Dale, supra. ?
(As I have explained in prior posts, the 4th Amendment to the U.S. Constitution, which bans ?unreasonable? searches and seizures, only applies to searches and seizures conducted by law enforcement officers, e.g., agents of the state.? So, when a private person searches for and seizes evidence and takes it to law enforcement, the 4th Amendment (i) is not implicated if that person acted on his or her own, e.g., because they are angry as the person to whom the evidence belongs but (ii) is implicated if that person acted as an ?agent? law enforcement, e.g., because police asked him or her to search for and seize the evidence.)?As to the issues in this case, the opinion explains that at the hearing on Dale?s motion to suppress,
Joshua Westover testified that in November 2007, he was working as a computer technician at Staples. He was nineteen years old at the time, and all of his computer training had been done through Staples. He agreed that his ability to identify child pornography would be the capability of any ordinary person, as he had not received any specific training in that regard. Westover explained that Staples' policy regarding suspect images was that the computer technician would notify a manager. The manager would call `corporate,? who would work with the manager to determine the next step.
Westover testified that . . . this case was the first and only time he saw suspect images on a client's computer that led to police involvement. He said that the department's lead technician was the person who interacted with [Dale]. Westover did not recall [Dale] giving the lead technician any limitations about what they could review on the computer. The lead technician prepared a work order that Westover interpreted as meaning that he needed to locate the virus on [Dale?s] computer and find out why it had a virus in November 2007 when, in August 2007, it had undergone a `system restore,? which involved returning the computer to its factory defaults, and had an anti-virus program installed.Westover ran a program on the computer called SUPERAntiSpyware Pro that locates viruses and spyware and gives a detailed description of the location of infected files. The program showed Westover that the virus was located in `My Documents? in a folder labeled `PVT.? Westover opened the `PVT? folder and saw `thumbnails,? which he defined as `preview[s] of what the file looks like.? He said that `all the pictures [in the folder] were listed? with the thumbnails.
Westover explained that the files in question were `allocated,? meaning that the user had to save them and place them in the folder. He testified that after he reviewed the folder, he minimized the window and called a manager. He showed the folder to his manager, who called `corporate? and law enforcement.
State v. Dale, supra. ?
The opinion goes on to explain that when Darling arrived at the Staples, Westover told
him that he had seen what he assumed to be child pornography on [Dale?s] computer. When asked whether Darling asked Westover to show him all of the images, he replied, `[The images] were already exposed, but yes.? Westover testified that Darling informed him that he was looking for `one specific type of image? that portrayed a person who was `clearly underage and [also portrayed] sexual penetration? in order to identify an image as child pornography.
Darling found images that met his criteria, and he asked Westover additional questions about the file. Darling wanted to know whether the images had been taken by a camera and downloaded onto the computer or downloaded from websites, but Westover was not able to make that determination. In addition, Darling wanted to know when the images were downloaded, and Westover determined that the images were downloaded after [Dale] had the computer's system restored in August 2007. Westover testified that some time later, he gave a written statement to Detective Usry.
On cross-examination, Westover testified that the `PVT? folder was created two days before [Dale] brought his computer to Staples. He explained that the files in the folder would have been intentionally placed there. Westover said when he opened the `PVT? folder, the thumbnails showed females between the ages of five and thirteen, and all of the images were `sexual.? He explained that the images showed `see-through bathing suits, oral sex, penetration sex, [and] just nude images.? Westover testified that he did not `stare at the pictures long enough to . . . look at every image? but looked long enough `[t]o recognize it was child porn.?
State v. Dale, supra. ?
At Dale?s trial, Detective Usry testified that on January 2, 2008, he received a message that
the Chattanooga Police Department had in its possession a computer with child pornography on it, and he was asked to investigate. He took possession of the computer from the police department. He also obtained written statements from Westover and his manager. Usry contacted the district attorney's office for assistance in drafting a search warrant. He applied for and obtained a search warrant for [Dale?s] computer. Usry took [Dale?s] computer to the TBI crime lab and had the search warrant executed. He testified that he never turned on the computer himself.
State v. Dale, supra. ?
In its opinion, the Court of Appeals addressed two issues:? whether Dale had a 4th Amendment expectation of privacy in the contents of his computer and whether Darling?s search of the computer ?was beyond the scope of the private party? search conducted by Westover. State v. Dale, supra. ?As I have explained in prior posts, and as Wikipedia notes, the Supreme Court has held that, for law enforcement or law-enforcement-encouraged searches to violate the 4th Amendment, the owner of the property searched must have had a ?reasonable? expectation of privacy in it.? To have such an expectation, as I have noted in prior posts and as Wikipedia notes, (i) the person must subjectively believe it is ?private? and (ii) society must accept that belief as objectively reasonable.The court began its analysis of the issue by noting that in this case, Dale
placed the offensive images in a folder labeled `PVT,? which he argues means `Private.? He further argues that this evinces his subjective expectation of privacy. However, he handed his computer and its password over to the employees of Staples with directions to find out why the computer had a virus. There is no evidence in the record that he made any attempt to restrict access to any information on his computer. Westover discovered the offensive images in the course of executing [Dale?s] work order. Darling confiscated the computer after Westover showed him the images.
State v. Dale, supra. ?
The court found that the trial judge was correct in denying Dale?s motion to suppress:
To begin, we are not persuaded that [he] had a reasonable expectation of privacy in his computer once he gave the computer to Staples under the circumstances previously listed. . . . In this case, [Dale?s] conduct in requesting the work and giving Staples his computer's password suggests that he did not have a subjective expectation of privacy; however, he arguably attempted to maintain an expectation of privacy by labeling a folder, `PVT.?
Nevertheless, it has long been recognized that a person does not have a reasonable expectation of privacy when he or she voluntarily turns over information to third parties.?. . . Therefore, we conclude that under these circumstances, society would not be willing to recognize [Dale?s] expectation of privacy as reasonable and justifiable.
State v. Dale, supra. ?
On appeal, Dale argued that ?Darling's search of the computer was beyond the scope of the private party search because, he claims, Darling and Westover enlarged images, looked at information Westover had not previously seen, and looked at more images than Westover saw initially.? ?State v. Dale, supra. ?At the hearing on Dale?s motion,
Westover described the images he saw on [Dale?s] computer as depicting females, ages five to thirteen years old, some of whom were engaged in oral or penetrative sex. ?Westover testified that when he opened the folder,?all?of the images in the folder were `exposed? as thumbnails. Therefore, it did not exceed the scope of Westover's initial search for Darling to look at enough images to ensure that the images were child pornography.
While the testimony at the hearing did not establish whether Mr. Westover and Officer Darling actually enlarged the images or opened the images rather than merely viewing the thumbnails, any such action would not have exceeded the scope of the private party search.?. . .
Furthermore, at the point in time when Darling saw what he believed to be child pornography on [Dale?s] computer, the incriminating nature of the computer was readily apparent, and the computer was subject to seizure under the plain view doctrine.?. . .
Therefore, neither Darling's search of the computer nor his subsequent seizure of the computer violated the prohibition against unreasonable searches and seizures.
State v. Dale, supra. ?As I have noted in prior posts, and as Wikipedia explains, the plain view doctrine is a principle of 4th Amendment law that expands the scope of a lawful 4th Amendment search.? If officers are conducting a search that is lawful under the 4th Amendment and see ? in ?plain view? ? evidence they were not expecting, then they can seize the evidence without violating the 4th Amendment.The Court of Appeals therefore affirmed the trial judge?s denial of Dale?s motion to suppress and, in so doing, upheld his conviction and sentence.? State v. Dale, supra. ?
Source: http://cyb3rcrim3.blogspot.com/2013/08/staples-laptop-and-4th-amendment.html
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Somalia strikes deal with former Islamist over port city
By Aaron Maasho and Richard Lough
ADDIS ABABA (Reuters) - Somalia's central government agreed on Wednesday to recognize a former Islamist commander as the interim leader of the southern Juba region, a deal that could help end months of clan fighting and cement plans for a federal nation.
Diplomats said the pact signed in Ethiopia's capital, after days of talks and delays, was a significant step towards stabilizing Somalia as it seeks to create devolved government, and could become a blueprint for sharing power in other areas.
An official from Mogadishu's government signed the deal with Sheikh Ahmed Madobe, who has been vying for control of Jubaland's port city of Kismayu and its hinterland against a clan warlord widely seen as backed by Mogadishu.
"We are hopeful that this process will be a starting point for Somalia to be a federal state," Madobe said at the signing, through a translator. "There will be people who won't be happy, but the fundamental issue is the interest of the Somali people."
At the heart of the tussle over Kismayu has been control of the area's economic resources, in particular its lucrative port.
The fate of Somalia's second biggest city has been seen as a litmus test for the future of the Horn of Africa nation as it rebuilds from the ruins of war and anchors a wobbly peace.
That quest has been hampered by the central government's weakness outside the capital and its troubled relations with provinces seeking more autonomy than it has been ready to cede.
"This is really a breakthrough in a problem that has dogged the country for at least a year now," said Nick Kay, the U.N. special representative for Somalia, who was in Addis Ababa.
"It opens the door now for political progress across the whole of Somalia," he said.
Under the terms of Wednesday's deal, Madobe will be leader of the interim Juba Administration for a period of two years.
The authority under his control will manage the port for six months after which control will shift to the federal government, although revenues will pay for services in Jubaland.
LONG JOURNEY
The deal will be a relief to Somalia's neighbors and the West which fear any renewed fighting could strengthen al Shabaab Islamist rebels, who have been pushed out of major urban areas but still threaten stability in East Africa and beyond.
Somali politicians in other breakaway or more autonomous regions have continued to voice skepticism about the central government's commitment to a federation, accusing Mogadishu of trying to hog power. The government says it is ready to share.
"This deal is the beginning of a long journey for peace building, reconciliation, and for building a viable permanent administrations in these regions," Farah Sheikh Abdulkadir, Somalia's State Minister for the Presidency, told Reuters.
Madobe is a former governor of Kismayu and one-time Islamist commander under an administration crushed by Ethiopian forces sent into Somalia between 2006 and 2009 with tacit U.S. backing.
He was held in Ethiopia for two years. After his release, Madobe and his powerful Ras Kamboni militia sided with Kenyan troops against al Shabaab from late 2011, flushing the rebels out of their strongholds in the south of the country.
"The mere fact, given the nature of politics and the constituencies in Somalia, that the two sides should have decided to override factionalism and find a deal is for me absolutely fundamental," Alexander Rondos, the European Union's special representative to the Horn of Africa, said by telephone.
Riding on a wave of international support after his election in September last year, some analysts say President Hassan Sheikh Mohamud has appeared reluctant to decentralize power.
Diplomats say Mohamud has lost political capital internally over his handling of Kismayu and another region, Puntland, which broke off ties with Mogadishu this month, accusing the government of failing to respect the federal structure.
Mogadishu's Abdulkadir said building such a structure needed time. "Federation requires a legal framework that is not existing and we did not inherit one. It also needs institutional capacity that is not available," he said.
(Writing by Richard Lough and Edmund Blair; Editing by Alistair Lyon)
Source: http://news.yahoo.com/somalia-strikes-deal-former-islamist-over-port-city-151940800.html
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Port truck drivers at Carson firm seek union rep, go on strike
Thirty port truck drivers went on strike Monday night at a Carson-based trucking firm, alleging their employer is attempting to thwart their efforts to unionize, organizers said.
Monday's strike will go for 24 hours and organizers have planned a Tuesday rally with labor leaders and elected officials.
Protesters on Monday began picketing the trucking firm Green Fleet Systems outside its Carson facility, located about eight miles north of the Port of Long Beach.?
Organizers also plan to follow Green Fleet trucks to warehouses and distribution centers in the Inland Empire to picket trucks as they deposit goods at their destinations.
Monday's strike kicks off a week of planned labor actions by low-wage workers in different industries seeking to draw attention to their causes.?
Green Fleet Systems has moved goods in and out of the ports of Los Angeles and Long Beach for more than 20 years, according to the company's website.?
Truck drivers allege that their employer has hired "union busters" who are intimidating drivers seeking to join the Teamsters Local 848.
In March, the Teamsters Port Division group filed a complaint with the National Labor Relations Board, Region 21, which handles complaints in Southern California.
The Teamsters allege that a?Green Fleet Systems supervisor asked an employee to sign an anti-union petition and promised better pay and a boost in benefits if workers did not join the union.
A Sept. 16 hearing date on the issue has been postponed to sometime in October, according to an attorney for the Teamsters union.
Truck driver Agustin Cuevas, 60, said he and co-workers are fighting for better treatment from their employer and to protest what he calls intimidation by hired union busters.?
Cuevas, who has worked as a driver for 20 years, said workers are demanding basic dignity and respect from the company.?
"I've gone to work sick before," he said in Spanish by telephone. "If you're not a perfect employee, you get written up for any minor infraction."
ALSO:
Truck drivers sue over overtime, lunch breaks
Union membership in the U.S. continues long decline
Fast-food worker strikes coming to Los Angeles; higher wages sought??
ricardo.lopez@latimes.com
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Numeric Jobs | New Opportunity in NYC:Ecommerce Web Analyst
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???????????Ability to communicate effectively, both orally and in writing.
???????????Curious person; someone who will question both positive and negative results.
???????????Ideal candidate will bring potential problems and solutions to me on a silver platter.
???????????Analyst-specific tools proficiency: Coremetrics, Websphere, Omniture, SiteSpect, Google Webmaster Tools, Google Adwords, Microsoft AdCenter, etc.
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U.S., Chinese Soldiers Participate in Small-arms Exercise
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Source: http://www.defense.gov//PhotoEssays/PhotoEssaySS.aspx?ID=4266
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Tuesday, August 27, 2013
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