The New Old Age: Murray Span, 1922-2012

One consequence of our elders’ extended lifespans is that we half expect them to keep chugging along forever. My father, a busy yoga practitioner and blackjack player, celebrated his 90th birthday in September in reasonably good health.

So when I had the sad task of letting people know that Murray Span died on Dec. 8, after just a few days’ illness, the primary response was disbelief. “No! I just talked to him Tuesday! He was fine!”

And he was. We’d gone out for lunch on Saturday, our usual routine, and he demolished a whole stack of blueberry pancakes.

But on Wednesday, he called to say he had bad abdominal pain and had hardly slept. The nurses at his facility were on the case; his geriatrician prescribed a clear liquid diet.

Like many in his generation, my dad tended towards stoicism. When he said, the following morning, “the pain is terrible,” that meant agony. I drove over.

His doctor shared our preference for conservative treatment. For patients at advanced ages, hospitals and emergency rooms can become perilous places. My dad had come through a July heart attack in good shape, but he had also signed a do-not-resuscitate order. He saw evidence all around him that eventually the body fails and life can become a torturous series of health crises and hospitalizations from which one never truly rebounds.

So over the next two days we tried to relieve his pain at home. He had abdominal x-rays that showed some kind of obstruction. He tried laxatives and enemas and Tylenol, to no effect. He couldn’t sleep.

On Friday, we agreed to go to the emergency room for a CT scan. Maybe, I thought, there’s a simple fix, even for a 90-year-old with diabetes and heart disease. But I carried his advance directives in my bag, because you never know.

When it is someone else’s narrative, it’s easier to see where things go off the rails, where a loving family authorizes procedures whose risks outweigh their benefits.

But when it’s your father groaning on the gurney, the conveyor belt of contemporary medicine can sweep you along, one incremental decision at a time.

All I wanted was for him to stop hurting, so it seemed reasonable to permit an IV for hydration and pain relief and a thin oxygen tube tucked beneath his nose.

Then, after Dad drank the first of two big containers of contrast liquid needed for his scan, his breathing grew phlegmy and labored. His geriatrician arrived and urged the insertion of a nasogastric tube to suck out all the liquid Dad had just downed.

His blood oxygen levels dropped, so there were soon two doctors and two nurses suctioning his throat until he gagged and fastening an oxygen mask over his nose and mouth.

At one point, I looked at my poor father, still in pain despite all the apparatus, and thought, “This is what suffering looks like.” I despaired, convinced I had failed in my most basic responsibility.

“I’m just so tired,” Dad told me, more than once. “There are too many things going wrong.”

Let me abridge this long story. The scan showed evidence of a perforation of some sort, among other abnormalities. A chest X-ray indicated pneumonia in both lungs. I spoke with Dad’s doctor, with the E.R. doc, with a friend who is a prominent geriatrician.

These are always profound decisions, and I’m sure that, given the number of unknowns, other people might have made other choices. Fortunately, I didn’t have to decide; I could ask my still-lucid father.

I leaned close to his good ear, the one with the hearing aid, and told him about the pneumonia, about the second CT scan the radiologist wanted, about antibiotics. “Or, we can stop all this and go home and call hospice,” I said.

He had seen my daughter earlier that day (and asked her about the hockey strike), and my sister and her son were en route. The important hands had been clasped, or soon would be.

He knew what hospice meant; its nurses and aides helped us care for my mother as she died. “Call hospice,” he said. We tiffed a bit about whether to have hospice care in his apartment or mine. I told his doctors we wanted comfort care only.

As in a film run backwards, the tubes came out, the oxygen mask came off. Then we settled in for a night in a hospital room while I called hospices — and a handyman to move the furniture out of my dining room, so I could install his hospital bed there.

In between, I assured my father that I was there, that we were taking care of him, that he didn’t have to worry. For the first few hours after the morphine began, finally seeming to ease his pain, he could respond, “OK.” Then, he couldn’t.

The next morning, as I awaited the hospital case manager to arrange the hospice transfer, my father stopped breathing.

We held his funeral at the South Jersey synagogue where he’d had his belated bar mitzvah at age 88, and buried him next to my mother in a small Jewish cemetery in the countryside. I’d written a fair amount about him here, so I thought readers might want to know.

We weren’t ready, if anyone ever really is, but in our sorrow, my sister and I recite this mantra: 90 good years, four bad days. That’s a ratio any of us might choose.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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India Takes Aim at Poverty With Cash Transfer Program


Manish Swarup/Associated Press


Poor and homeless people waited for food on Tuesday at a New Delhi temple.







NEW DELHI — India has more poor people than any nation on earth, but many of its antipoverty programs end up feeding the rich more than the needy. A new program hopes to change that.




On Jan. 1, India eliminated a raft of bureaucratic middlemen by depositing government pension and scholarship payments directly into the bank accounts of about 245,000 people in 20 of the nation’s hundreds of districts, in a bid to prevent corrupt state and local officials from diverting much of the money to their own pockets. Hundreds of thousands more people will be added to the program in the coming months.


In a country of 1.2 billion, the numbers so far are modest, but some officials and economists see the start of direct payments as revolutionary — a program intended not only to curb corruption but also to serve as a vehicle for lifting countless millions out of poverty altogether.


The nation’s finance minister, Palaniappan Chidambaram, described the cash transfer program to Indian news media as a “pioneering and pathbreaking reform” that is a “game changer for governance.” He acknowledged that the initial rollout had been modest because of “practical difficulties, some quite unforeseen.” He promised that those problems would be resolved before the end of 2013, when the program is to be extended in phases to other parts of the country.


Some critics, however, said the program was intended more to buy votes among the poor than to overcome poverty. And some said that in a country where hundreds of millions have no access to banks, never mind personal bank accounts, direct electronic money transfers are only one aspect of a much broader effort necessary to build a real safety net for India’s vast population.


“An impression has been created that the government is about to launch an ambitious scheme of direct cash transfers to poor families,” Jean Drèze, an honorary professor at the Delhi School of Economics, wrote in an e-mail. “This is quite misleading. What the government is actually planning is an experiment to change the modalities of existing transfers — nothing more, nothing less.”


The program is based on models in Mexico and Brazil in which poor families receive stipends in exchange for meeting certain social goals, like keeping their children in school or getting regular medical checkups. International aid organizations have praised these efforts in several places; in Brazil alone, nearly 50 million people participate.


But one of India’s biggest hurdles is simply figuring out how to distinguish its 1.2 billion citizens. The country is now in the midst of another ambitious project to undertake retinal and fingerprint scans in every village and city in the hope of giving hundreds of millions who have no official identification a card with a 12-digit number that would, among other things, give them access to the modern financial world. After three years of operation, the program has issued unique numbers to 220 million people.


Bindu Ananth, the president of IFMR Trust, a financial charity, said that getting people bank accounts can be surprisingly beneficial because the poor often pay stiff fees to cash checks or get small loans, fees that are substantially reduced for account holders.


“I think this is one of the biggest things to happen to India’s financial system in a decade,” Ms. Ananth said.


Only about a third of Indian households have bank accounts. Getting a significant portion of the remaining households included in the nation’s financial system will take an enormous amount of additional effort and expense, at least part of which will fall on the government to bear, economists said.


“There are two things this cash transfer program is supposed to do: prevent leakage from corruption, and bring everybody into the system,” said Surendra L. Rao, a former director general of the National Council of Applied Economic Research. “And I don’t see either happening anytime soon.”


The great promise of the cash transfer program — as well as its greatest point of contention — would come if it tackled India’s expensive and inefficient system for handing out food and subsidized fuel through nearly 50,000 government shops.


India spends almost $14 billion annually on this system, or nearly 1 percent of its gross domestic product, but the system is poorly managed and woefully inefficient.


Malavika Vyawahare contributed reporting.



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California parks officials deliberately hid money, report says









Fear of embarrassment and budget cuts led California parks officials to intentionally conceal millions of dollars in a department account, according to an investigation conducted by the state attorney general's office.


The report, released Friday, is the most detailed official narrative yet regarding the root of the accounting scandal at the parks department.


The scandal broke last summer when it was revealed that the parks department had a hidden surplus of nearly $54 million even though it was threatening to close dozens of facilities.








About $20 million was found in an account where entrance fees and other revenues are deposited. Accounting discrepancies appeared to begin innocently more than a decade ago, leading to fluctuating reports on how much money was in the fund, investigators said.


But in 2002, when the problems were identified, parks officials made a "conscious and deliberate" decision not to reveal the money to officials at the Department of Finance, which plans the state budget.


Multiple high-ranking officials were involved, including the former chief deputy director, Michael Harris, who later lost his job over the scandal. However, the report said it remained unclear whether ousted director Ruth Coleman knew about the accounting problems. Coleman declined to be interviewed for the investigation.

Parks officials didn't report the money because they were concerned that their already reduced budget would be cut even further if the state's number-crunchers knew they had more money in a department account, the report said. Interviews conducted by investigators also showed that officials feared embarrassment if the accounting problems were revealed.


"Throughout this period of intentional non-disclosure, some parks employees consistently requested, without success, that their superiors address the issue," the report said. It wasn't until a new deputy director was installed at the parks department in January 2012 was the issue reported.


Richard Stapler, a spokesman for the California Natural Resources Agency, said officials are still determining whether the investigation will result in criminal charges.


John Laird, the resources secretary, said new policies and staff are in place to prevent similar problems in the future.


"It is now clear that this is a problem that could have been fixed by a simple correction years ago, instead of being unaddressed for so long that it turned into a significant blow to public trust in government," Laird, who oversees the parks department, said in a statement.


The rest of the $54 million was found in an account for off-road vehicle parks. Investigators said accounting discrepancies there appeared to be unintentional, and the result of various bookkeeping problems involving loans and tax changes.


For example, a 2010 modification to the gas tax mistakenly pumped millions of excess dollars into the off-road account, the report said. That problem has been fixed and the money has been reallocated, according to the Department of Finance.


The investigation from the attorney general's office is the third review of the parks department in recent weeks. One more report, from the state auditor, is expected to be released.





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FTC and Google: No Market, No Foul



In reading the coverage of the FTC announcement that it was not going to pursue any real action against Google for favoritism of its own products in the web search market, I was surprised to see how few commentators have raised the point that there can’t be a search “market” when no one pays for that service. And that the users of web search are, in fact, the product that Google sells to the consumers of the market it does monopolize — online advertising. Or the fact that by using its advertising revenues to provide services to users for free or greatly discounted it can collapse those markets and own them as well.


For over a year and a half, many experts who follow the internet economy have wisely pointed out that the real consumers in the online search business are advertisers, not the users who interact with the search engine. One of the most profound “aha” moments for me came when I read Nathan Newman’s article “You’re Not Google’s Customer — You’re the Product: Antitrust in a Web 2.0 World” back in March 2011. He correctly argued that web browser users who interact with Google search are in fact the product that gets sold to the real customer — the online advertiser.


Given that no money changes hands between a web user and Google or any other web search engine provider, there is no search engine market. The information provided by the user is collected by Google and used to match the user with paid ads. The revenue event takes place when the user clicks on a link to an advertiser’s website and at that point, the monetary transaction takes place — between Google and the advertiser. In Newman’s most recent article (FTC “Brought Forth a Couple of Mice” in Slapping Google on the Wrist), he makes many of the same points again.


So for the FTC to consider the users of search engines as consumers, when these users do not pay for the web search session, seems incredibly misguided. It is not surprising that the FTC had a tough time determining harm to the consumer when they have been looking at the wrong consumer all this time.


Yet, there are at least two areas where there is a clear consumer-provider relationship, where there is evidence of harm and yet the FTC has completely ignored the markets.


Advertisers Are Harmed by Google’s Search Monopoly



While web search engine users pay nothing to conduct an online search, advertisers pay dearly for premier ad placement beside the search results in the hope that the user will click on their link, go to their site and buy their product or service. This is a great model since end users are matched up with relevant ads based on the keywords that are used in the search. Yet there is a dark side to this model. Given that Google has a monopoly position in online search, advertisers really have no other choice when it comes to buying effective online ads. As more advertisers use Google AdWords, the cost per click for each keyword goes up as more companies vie for user eyeballs. This scramble for placement “above the fold” drives the price for keywords ever higher in a land grab for attention. With no other viable alternative for search engine advertising, the prices spiral upward at alarming rates. The result is that advertisers pay more and more for advertising while getting no improvement in the quality of click-throughs. And Google sits back and simply collects the cash.


I know for my own business, the cost per click for Google AdWords has gone up substantially over the last six years. I spend more on AdWords now than I do for healthcare plans (and we all know how expensive healthcare plans are).


The New York Times ran a very interesting series on this phenomenon. In the words of Sharon Geltner, an analyst at the Small Business Development Center, “AdWords can bleed many a small business dry.”


Plus you now have a situation where Google is entering new markets and is able to give its new offerings free prime advertising placement while its competitors have to pay substantial fees for similar placement. Just try doing a Google search for “smartphone” or “cloud computing” or “web apps” and see where Google’s ads appear. Note that this is subtly different than the search bias that the FTC looked into. In my opinion, this is much worse.


So for advertisers, you could definitely build a case that Google is harming consumers (i.e., businesses placing ads) by exploiting its monopoly in the web search space to drive up the price of advertising. But it appears the FTC does not care about this type of “consumer.”


Google Apps Customers Will Ultimately Be Harmed



While advertising makes up 96 percent of Google’s revenue, Google does generate some revenue selling Google Apps to business, education and government customers. Many customers have welcomed the extremely low (or even free as is the case in education) per-user prices that Google charges for Google Apps which includes Gmail, Drive and other cloud-based services. Yet again, there is a dark side to this model. Google is running a well-known tactic of using profits from a monopoly business (online advertising) to subsidize a low-priced offering in an adjacent market (cloud-based productivity applications such as e-mail and document management) with the goal of driving out competitors who are not able to cross-subsidize their offerings. At the moment, consumers only see the short-term positive side, which is lower pricing. But once the other competitors are driven out of the new market, Google will be left as the only competitor and will be free to raise prices, dictate the features or reduce investment – all of which will ultimately harm consumers.


There are other areas of potential harm to these consumers related to privacy and the use of personal user or business information in order to enhance Google’s advertising business. This is particularly an issue for government customers who are storing sensitive government and taxpayer data in these services. Many, including myself, have written about these data protection issues and this has been an area of focus for regulators around the world.


Again, the FTC has passed up the opportunity to investigate these Google consumer relationships and the potential long-term harm of Google’s business practices.


With the FTC case closed, the ball is now in the court of European regulators and many state attorneys general. It will be interesting to see if these regulators “get it” and will focus on the harm to the real consumers of Google’s offerings: advertisers and Google Apps customers.


Doug Miller is an independent IT consultant who specializes in cloud computing, enterprise migration, mobility and competitive strategy. He is a regular contributor to SafeGov.org and NewInformationEconomy.com.



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Helen Mirren “happy” her Hollywood star next to Colin Firth’s






LOS ANGELES (Reuters) – Oscar-winning actress Helen Mirren finally got her wish on Thursday, receiving a star along the Hollywood Walk of Fame right next to dashing fellow Briton Colin Firth.


“I couldn’t be prouder and more happy that I’m actually going to finally lie next to Colin Firth, something I’ve been wanting to do for a very long time,” Mirren said wryly.






Mirren, 67, who won the best actress Oscar for her portrayal of Queen Elizabeth in 2006′s “The Queen,” was honored with the iconic terrazzo and brass star along Hollywood Boulevard in the historical heart of the U.S. film industry.


Mirren’s star, the 2,488th since the Walk of Fame began in 1958, serves as a de facto lifetime achievement award for those in the entertainment industry.


Firth, who received his Walk of Fame star in 2011, won an Oscar as best actor for his portrayal of Britain’s King George VI in 2010′s “The King Speech.”


“Well I’m very pleased and proud and I think it’s very good for the British monarchy that here on Hollywood Boulevard, the King and the Queen are going to actually sleep together, for the rest of history,” said Mirren said at the unveiling.


The actress posed for photographers lying on her side next to her star and blew kisses to the crowd.


Writer and director David Mamet introduced Mirren.


“Helen’s performances reap higher praise than being praised, they’re loved,” Mamet said.


“And by one who’s had the absolute kick of working with her, I want to say as (British poet) Rupert Brooke said, somewhere there will be a little piece of foreign ground that is always a bit of England, and that’s right there,” Mamet said.


Mirren is starring alongside Al Pacino in Mamet’s upcoming TV film about troubled music producer Phil Spector’s murder trial.


The Hollywood Walk of Fame is administered by the Hollywood Chamber of Commerce.


(Reporting by Alan Devall, writing by Eric Kelsey, editing by Jill Serjeant and Sandra Maler)


Celebrity News Headlines – Yahoo! News





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F.D.A. Offers Rules to Stop Food Contamination





The Food and Drug Administration on Friday proposed two sweeping rules aimed at preventing the contamination of produce and processed foods, taking a long-awaited step toward codifying the food safety law that Congress passed two years ago.







Nicole Bengiveno/The New York Times

A new rule imposed by the F.D.A. would establish different standards for ensuring the purity of water that touches fruits and vegetables.







The proposed rules represent a sea change in the way the agency polices food, a process that currently involves swinging into action after food contamination has been identified rather than protecting against it before it hits grocery shelves.


“These new rules really set the basic framework for a modern, science-based approach to food safety and shifts us from a strategy of reacting to problems to a strategy for preventing problems,” Michael R. Taylor, deputy commissioner for foods and veterinary medicine at the F.D.A., said in an interview.


The F.D.A. is responsible for the safety of about 80 percent of the food that the nation consumes. The remainder of the burden falls to the Department of Agriculture, which is responsible for meat, poultry and some eggs. One in six Americans becomes ill from eating contaminated food each year, the government estimates; of those, roughly 130,000 are hospitalized and 3,000 die.


Congress passed the groundbreaking Food Safety Modernization Act in 2010 after a wave of incidents involving tainted eggs, peanut butter and spinach sickened thousands of people and led major food makers to join consumer advocates in demanding stronger government oversight.


But it took the Obama administration two years to move the rules through the F.D.A., prompting accusations by advocates that the White House was more concerned about protecting itself from Republican criticism than about public safety.


Mr. Taylor said, however, that the delay was a function of the wide variety of foods that the rules had to encompass and the complexity of the food system. “Anything that is important and complicated will always take longer than you would like,” he said.


The first rule would require manufacturers of processed foods sold in the United States to identify, adopt and carry out measures to reduce the risk of contamination. Food companies also would be required to have a plan for correcting any problems that might arise and for keeping records that F.D.A. inspectors could use for audit purposes.


One such preventive measure might be the roasting of raw peanuts at a temperature guaranteed to kill salmonella bacteria, which has been a problem in nut butters in recent years. Roasted nuts might then be sequestered from incoming raw nuts to further reduce the risk of contamination, said Sandra B. Eskin, director of the safe food campaign at the Pew Charitable Trusts.


“This is very good news for consumers,” Ms. Eskin said. “We applaud the administration’s action, which demonstrates its strong commitment to making our food safer.”


The second rule would apply to the harvesting and production of fruits and vegetables in an effort to combat the bacterial contamination that has arisen over the last decade, particularly from E. coli, a bacterium that is transmitted through feces. It would address what advocates refer to as the “four Ws” — water, waste, workers and wildlife.


Farmers would establish different standards for ensuring the purity of water that touches, say, lettuce leaves and the water used to saturate soil, which will only nourish plants through their roots.


A farm or plant where vegetables are packaged might, for example, add lavatories to ensure that workers do not urinate in fields and post signs similar to those in restaurants that remind employees to wash their hands.


The food industry cautiously applauded the arrival of the proposed rules, with most companies and industry groups noting that they would be poring over them and making comments as necessary in the coming weeks.


“Consumers expect industry and government to work together to provide Americans and consumers around the world with the safest possible products,” the Grocery Manufacturers Association said in a statement. “FSMA and its implementation effort can serve as a role model for what can be achieved when the private and public sectors work together to achieve a common goal.”


The association noted that the F.D.A. will have to issue more than 50 regulations to fully carry out the new law.


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Wealth Matters: The End of a Decade of Uncertainty Over Gift and Estate Taxes





FOR many of the wealthy, the American Taxpayer Relief Act, passed this week by Congress, is aptly named.




For estate and gift taxes in particular, all but the richest of the rich will probably be able to protect their holdings from taxes, now that Congress has permanently set the estate and gift tax exemptions at $5 million (a level that will rise with inflation).


“You could say this eliminates the estate tax for 99 percent of the population, though I’ve seen figures that say 99.7 or 99.8,” said Richard A. Behrendt, director of estate planning at the financial services firm Baird and a former inspector for the Internal Revenue Service. “From a policy point of view, the estate tax is not there for raising revenue. It’s there for a check on the massive concentration of wealth in a few hands, and it will still accomplish that.”


And while Congress also agreed to increase tax rates on dividends and capital gains to 20 percent from 15 percent for top earners — in addition to the 3.8 percent Medicare surcharge on such earnings — the rates are still far lower than those on their ordinary income. For the earners at the very top, whose income comes mostly from their portfolios of investments, and not a paycheck like most of the rest of us, this is a good deal.


The estate tax, once an arcane assessment, has been in flux and attracting significant attention since 2001. That was when the exemption per person for the estate tax began to rise gradually from $675,000, with a 55 percent tax for anything above that amount, to $3.5 million in 2009 with a 45 percent tax rate for estates larger than that. Estate plans were written to account for the predictable increases in exemptions.


Then in 2010, contrary to what every accountant and tax lawyer I spoke to at the time believed would happen, the estate tax disappeared. Congress and President Obama could not reach an agreement on the tax. So that year, for the first time since 1916, Americans who died were not subject to a federal estate tax. (Their estates still paid state estate taxes, where they existed, and other taxes, including capital gains, on the value of the assets transferred.)


At the end of 2010, President Obama and House Speaker John A. Boehner reached an agreement that was just as unlikely as the estate tax expiring in the first place: the new exemption was $5 million, indexed to inflation, with a 35 percent tax rate on any amount over that, and it would last for two years. The taxes and exemptions for gifts made during someone’s lifetime to children and grandchildren were also raised to the same level, from $1 million and a 55 percent tax above that.


As I have written many times, this was a far better rate and exemption than anyone expected. It also created a deadline of Dec. 31, 2012, for people who could make a major gift up to the exemption level or above the amount and pay the low gift tax.


Using the gift exemption was enticing because it meant those assets would appreciate outside of the estate of the person making the gift. Even paying the tax became attractive to the very rich because of how estate and gift taxes are levied. Take, for example, someone who has used up his exemption and wants to give an heir $1 million. The amount it would take to accomplish this differs depending on when it is given. In life, it would cost $1.4 million because the 40 percent gift tax is paid like a sales tax. If it was given after death, the estate would have to set aside about $1.65 million after the 40 percent estate tax was deducted. But this presented a conundrum: while it may make perfect sense to give away a lot of money during your lifetime and save on estate taxes, it means ceding control of cash, securities or shares now. What if you end up needing them? It wasn’t an easy decision, and it led to a fourth-quarter rush.


As of this week, this is no longer an issue. The estate and gift tax exemptions are permanently set at the same $5 million level, indexed for inflation, and the tax rate above that exemption is 40 percent, up from 35 percent. With indexing, the exemption is already about $5.25 million per person — double for a couple — and it will rise at a rate that means most Americans will continue to avoid paying any federal estate tax.


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Bush-Era Wiretapping Case Killed Before Reaching Supreme Court



A federal appeals court’s August ruling in which it said the federal government may spy on Americans’ communications without warrants and without fear of being sued won’t be appealed to the Supreme Court, attorneys in the case said Thursday.


The decision by a three-judge panel of the 9th U.S. Circuit Court of Appeals this summer reversed the first and only case that successfully challenged then-President George W. Bush’s once-secret Terrorist Surveillance Program. In December, the San Francisco-based appeals court — the nation’s largest — declined to revisit its decision — making the case ripe for an appeal to the Supreme Court.


The appellate decision overturned a lower court decision in which two American attorneys — who were working with the now-defunct al-Haramain Islamic Foundation — were awarded more than $20,000 each in damages and their lawyers $2.5 million in legal fees after a years-long, tortured legal battle where they proved they were spied on without warrants.



Jon Eisenberg, the attorney for the two lawyers, said in a telephone interview that he would lose in the Supreme Court with its “current composition.”


“It would be a risky endeavor to take this case to this Supreme Court,” he said.


Eisenberg’s legal strategy means that the appellate court’s decision remains binding only in the 9th Circuit, which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. Had the Supreme Court ruled against Eisenberg, a nationwide precedent would be set.


“At some point down the line, a case could end up in a different circuit that would not be bound by the 9th Circuit ruling,” Eisenberg said. By that time, he said, perhaps a more willing Supreme Court would be sitting.


Eisenberg sued under domestic spying laws Congress adopted in the wake of President Richard M. Nixon’s Watergate scandal. The government appealed their victory, and the appeals court dismissed the suit and reversed the damages.


The appellate court had ruled that when Congress wrote the law regulating eavesdropping on Americans and spies, it never waived sovereign immunity in the section prohibiting the targeting Americans without warrants. That means Congress did not allow for aggrieved Americans to sue the government, even if their constitutional rights were violated by the United States breaching its own wiretapping laws.


Congress authorized Bush’s spy program in 2008, five years after the illegal wiretapping involved in this case. Last week, Congress reauthorized it for another five years.


The Bush spy program was first disclosed by The New York Times in December 2005, and the government subsequently admitted that the National Security Agency was eavesdropping on Americans’ telephone calls without warrants if the government believed the person on the other end was overseas and associated with terrorism. The government also secretly enlisted the help of major U.S. telecoms, including AT&T, to spy on Americans’ phone and internet communications without getting warrants as required by the 1978 Foreign Intelligence Surveillance Act, the law at the center of the al-Haramain dispute.


A lower court judge found in 2010 that two American lawyers’ telephone conversations with their al-Haramain clients in Saudi Arabia were siphoned to the National Security Agency without warrants. The government subsequently declared the group a terror organization. The eavesdropping allegations were initially based on a classified document the government accidentally mailed to the former al-Haramain Islamic Foundation lawyers Wendell Belew and Asim Ghafoor.


The document was later declared a state secret, removed from the long-running lawsuit and has never been made public. With that document ruled out as evidence, the lawyers instead cited a bevy of circumstantial evidence that a trial judge concluded showed the government illegally wiretapped the lawyers as they spoke on U.S. soil to Saudi Arabia.


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Taylor Swift’s ”Red” holds down top spot on Billboard chart






LOS ANGELES (Reuters) – Country-pop star Taylor Swift‘s “Red” finished 2012 atop the Billboard 200 album chart on Thursday, claiming the No. 1 spot for the fourth consecutive week.


It was the album’s seventh non-consecutive week at No. 1 on the chart as post-holiday digital sales accounted for more than half of its 241,000 units sold, according to figures from Nielsen SoundScan.






Swift, 23, has now topped the Billboard album chart for 24 weeks in her four-album career, tying Adele for the most weeks by a female artist at number one on the chart since Nielsen SoundScan began tracking sales figures for Billboard in 1991.


The soundtrack to the big screen adaptation of Broadway musical “Les Miserables” jumped 31 spots to number two on the album chart. It sold 136,000 units and was buoyed by a full week on the chart and the release of the film in movie theaters on December 25.


British boy band One Direction placed third with “Take Me Home,” while singer Bruno Mars‘ “Unorthodox Jukebox” and rapper T.I.’s “Trouble Man: Heavy Is the Head” round out the top five.


U.S. album sales for last week were up 27 percent compared to the same week in 2011, at 9.77 million units.


The post-Christmas week, in which many cashed in their holiday gift cards, saw a record for digital song downloads in a week as a total of 55.74 million tracks were downloaded, besting the previous record of 47.73 million from the same week in 2008.


(Reporting by Eric Kelsey; Editing by Sandra Maler)


Music News Headlines – Yahoo! News





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Deepwater Horizon Owner Settles With U.S. Over Oil Spill in Gulf of Mexico





The driller whose floating Deepwater Horizon oil rig blew out in 2010 to cause the nation’s biggest oil spill has agreed to settle civil and criminal claims with the federal government for $1.4 billion, the Justice Department announced Thursday.




The Deepwater Horizon exploded, burned and sank in April 2010. Eleven men were killed and millions of gallons of oil flowed into the Gulf of Mexico and fouled the shores of coastal states. The Macondo well was owned by British oil giant BP, which settled its own criminal charges and some of its civil charges in November for $4.5 billion.


While this settlement resolves the government’s claims against Transocean, that company and the others involved in the spill still face the sprawling, multistate civil case, which is scheduled to begin in February in New Orleans. In a deal filed in federal court in New Orleans, a subsidiary, Transocean Deepwater, agreed to one criminal misdemeanor violation of the Clean Water Act and will pay a fine of $100 million. Over the next five years, the company will pay record civil penalties of $1 billion under the act. Transocean also agreed to pay the National Academy of Sciences and the National Fish and Wildlife Foundation $150 million each. Those funds will be applied to oil spill prevention and response in the Gulf of Mexico and natural resource restoration projects. The agreement will be subject to public comment and court approval. The company agreed to five years of monitoring of its drilling practices and improved safety measures.


In a statement, Transocean Ltd., the Switzerland-based parent of the rig owner, said that the company thought these were “important agreements” and called them a “positive step forward” that were “in the best interest of its shareholders and employees.” Of the 11 men killed on the rig, the company said, “Their families continue to be in the thoughts and prayers of all of us at Transocean.”


The company announced in September that it had set an “estimated loss contingency” of $1.5 billion against the Justice Department’s claims.


Shares of Transocean Ltd. rose nearly 3 percent on the news, to close at $49.20.


In a statement, Lanny A. Breuer, assistant attorney general for the Justice Department’s Criminal Division, seemed to suggest that Transocean played a subservient and lesser role in the disaster to that of BP: “Transocean’s rig crew accepted the direction of BP well site leaders to proceed in the face of clear danger signs — at a tragic cost to many of them.” He said that the $1.4 billion “appropriately reflects its role in the Deepwater Horizon disaster.”


Under a law passed last year, 80 percent of the penalty will be applied to projects for restoring the environment and economies of Gulf states.


That fact was applauded by a coalition of Gulf coast restoration groups, including the Environmental Defense Fund and the National Audubon Society. A joint statement called this “a great day for the Gulf environment and the communities that rely on a healthy ecosystem for their livelihoods.”


Still, the penalty struck some experts in environmental law as somewhat light. David M. Uhlmann, who headed the Justice Department’s environmental crimes section from 2000 to 2007, praised the size of the civil settlement, which he said “reflects the scope of the Gulf oil spill tragedy.”


He argued, however, that the criminal penalty should have been at least as onerous, “given Transocean’s numerous failures to drill in a safe manner, which cost 11 workers their lives and billions of dollars in damages to communities along the Gulf.” The settlement, he said, should have included seaman’s manslaughter charges, which were part of the BP settlement.


As for the company’s role in following the lead of BP, he said, “following orders is not a defense to criminal charges.”


At the Environmental Protection Agency, Cynthia Giles, assistant administrator for the office of enforcement and compliance assurance, called the settlement “an important step” toward holding Transocean and others involved in the spill accountable. “E.P.A. will continue to work with D.O.J. and its federal partners to vigorously pursue the government’s claims against all responsible parties and ensure that we are taking every possible step to restore and protect the Gulf Coast ecosystem,” she said.


The multistate trial over claims in the Deepwater Horizon cases that have not been settled are scheduled to begin in February. Stephen J. Herman and James P. Roy, lawyers who represent the steering committee of plaintiffs in the cases, said that Thursday’s settlement did not change the case, and that the plaintiffs thought that BP, Transocean and Halliburton “will be found grossly negligent” at trial.


For its part, BP continued its longstanding argument that the accident, in the words of the spokesman Geoff Morrell, “resulted from multiple causes, involving multiple parties,” and that other companies had to shoulder their share of the blame. Transocean, Mr. Morrell said in a statement, “is finally starting, more than two-and-a-half years after the accident, to do its part for the Gulf Coast.” He then turned his attention to the other major contractor on the well, and said, “Unfortunately, Halliburton continues to deny its significant role in the accident, including its failure to adequately cement and monitor the well.”


Beverly Blohm Stafford, a Halliburton spokeswoman, said that the company “remains confident that all the work it performed with respect to the Macondo well was completed in accordance with BP’s specifications for its well construction plan and instructions,” and so Halliburton, she said was protected from liability through indemnity provisions of its drilling contract. “We continue to believe that we have substantial legal arguments and defenses against any liability and that BP’s indemnity obligation protects us,” she said. “Accordingly we will maintain our approach of taking all proper actions to protect our interests.”


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