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Showing posts with label California. Show all posts
Showing posts with label California. Show all posts

Thursday, March 22, 2012

U.S. TB Infections Drop to Record Low: CDC


By  Julie Steenhuysen

United States - U.S. cases of tuberculosis fell 6.4 percent in 2011 to an all-time low, but missed a national target of eliminating the disease as cases among foreign-born individuals persisted, health officials said on Thursday.

Unless factors change significantly, the United States will not be able to eliminate TB - meaning fewer than one case per one million people - until the year 2100, according to the U.S. Centers for Disease Control and Prevention.

"Addressing the increasing difference between TB rates in foreign-born and U.S.-born persons is critical for TB elimination," the CDC said in its weekly report on death and disease, which was released ahead of World TB Day on March 24.

Overall, U.S. TB rates last year fell to 10,521 reported cases, or 3.4 cases per 100,000 people, the lowest level since national reporting began in 1953, the CDC said.

Despite these gains, the airborne infection is proving difficult to tame in some populations, especially among foreign-born individuals, blacks, Asians and people infected with HIV.

TB rates were 12 times higher among people born outside the United States. Of these infected individuals, more than half of the cases originated in just five countries: Mexico, the Philippines, Vietnam, India, and China, the CDC said.

Compared with whites, TB rates were seven times higher for Hispanics, eight times higher for blacks and 25 times higher for Asians last year.

Four states - California, Texas, New York and Florida - account for nearly half of all TB cases in the United States, according to the report.

TB is caused by the Mycobacterium tuberculosis bacteria. It can be cured with antibiotics but they must be taken daily for months to be effective. Because people do not always take the drugs as directed, multiple drug-resistant strains have emerged.

Cases of TB that are resistant to at least two common treatments, known as multidrug-resistant TB, accounted for 109 of all U.S. TB cases in 2010, the most recent year for which there are data. Foreign-born individuals accounted for 90 of these cases.

There were 4 cases of extensively drug-resistant TB - an infection that resists the most highly effective drugs - reported in the United States in 2010, all among foreign-born people.

The World Health Organization estimates that a third of the world's population is infected with the bacteria that cause TB. Last year, TB made nearly 9 million people sick and killed some 1.45 million people, according to WHO.

Tuesday, March 20, 2012

Activists Sue to Stop illing of Pacific Northwest Sea Lions


By Teresa Carson

United States - Wildlife activists sued on Monday to stop the killing of sea lions that have been eating endangered Columbia River salmon, seeking a reprieve for the animals a day before three Pacific Northwest states are authorized to begin executing them.

The lawsuit, filed in U.S. District Court in Washington, D.C., follows last week's decision by the National Marine Fisheries Service to sanction the limited killing of California sea lions.

The Humane Society of the United States, Wild Fish Conservancy and two individual plaintiffs are seeking an injunction barring the authorization from taking effect on Tuesday.

The hungry sea lions swim 140 miles upstream and cluster at the Bonneville Dam, on the border between Oregon and Washington state, to eat salmon and steelhead trout as the fish head up the Columbia River to spawn. That is seen by the states as a threat to the recovery of the fish.

But animal rights activists argue that the sea lions are unfairly blamed for low fish stocks and charge that fishing, hatchery practices, hydroelectric dam barriers, and environmental degradation pose a far greater risk.

"Federal law allows the killing of sea lions only in very limited circumstances, when the agency proves they are having a significant negative impact on salmon," Jonathan Lovvorn, Humane Society senior vice president, said in a written statement.

"The National Marine Fisheries Service's decision to kill hundreds of native marine mammals to reduce salmon losses by a couple of percentage points at best, while simultaneously authorizing much larger man-made sources of endangered salmon mortality, is both outrageous and patently illegal."

Brian Gorman, spokesman in the Seattle office of the National Marine Fisheries Service, called the legal challenge "not unexpected."

"Now, it is up to the court to respond," Gorman said.

Wildlife activists have battled the fisheries service in court for several years over the controversial practice of killing sea lions to protect stocks of Columbia River basin Chinook salmon.

The sea lions are guarded under the Marine Mammals Protection Act and the suit charges the fisheries service's order violates those laws.

Under Thursday's order, the states can kill only sea lions known to have eaten salmon and are limited to 92 animals per year.

The sea lions can be killed only if zoos or aquariums don't want them. Since 2008, the states have killed 28 sea lions and 10 have been sent to zoos or aquariums.

The Federal permission was set to run from March 20 to May of 2016.

The Bonneville Dam is the first hydroelectric dam on the Columbia River, which divides Washington and Oregon.

Thursday, March 15, 2012

Nearly 5,000 Chickens Rescued from Factory Farm

By Alastair Bland

San Francisco - When East Bay activists learned that 50,000 chickens were on the verge of dying at an abandoned factory farm in Turlock, they rushed to Stanislaus County. The rescue effort got underway in full force on February 23 after a citizen phone call to the Stanislaus Animal Services Agency had led officials to the site of A&L Poultry, where approximately 50,000 egg-laying hens had gone without food or proper care for about two weeks. Roughly one-third of the chickens were dead by the time help arrived, while the rest were on the verge of perishing.

"If that anonymous tip hadn't come in, all of them would have been dead," said Dana Portnoy, an Oakland resident who has been volunteering for six years with Animal Place, a farm animal sanctuary in Grass Valley that helped coordinate the chicken rescue.

Officials with the Stanislaus Animal Services Agency first arrived on February 21, and though the birds were plainly distressed and starving, legal issues blocked volunteers and officials from extracting the hens immediately. "Some of the rescuers made a stink about how we were letting the chickens starve," said Annette Patton, executive director of the agency. "But there's no way you can just drive up to a farm and start stealing chickens. The birds were someone's property." But Patton was also distraught by the scene and said, "It's unspeakable to the volume of deceased animals we found."

Portnoy said it wasn't until February 23 that officials began passing injured and starving birds out of the defunct farm to waiting volunteers. Only state and county officials were allowed inside the building, where the hens had been living in "battery cages," the cramped quarters frequently cited by critics as one of the cruelest common features of factory farming.

The farm's owner, Andy Keung Cheung, had abandoned his animals because he could no longer afford to feed them. Keung Cheung's attorney, Martha Carlton-Magaña, said in a statement that "an attempt to arrange for delivery of the chickens to a third party in order to avoid the usual business practice of euthanizing the chickens resulted in an unacceptable situation A&L Poultry did not intend, and profoundly regrets." Carlton-Magaña said in an interview that the third party failed to meet an agreement and remove the chickens from the farm.

When officials entered the farm, 17,000 hens were already dead in their cages, and nearly all the rest were emaciated and close to death. A number of hens had managed to escape their cages, but then drowned in a manure catchment basin, according to Christine Morrissey, sanctuary manager of the Stockton-based rescue center Harvest Home Animal Sanctuary, where about two-dozen birds were brought for recovery.

The majority of the 4,600 rescued chickens are currently housed at a shelter in Vacaville operated by Animal Place and will eventually be put up for adoption. The effort is being hailed as the single largest mass rescue of farm animals in state history.

But nearly 30,000 chickens were euthanized, bringing the death toll to about 45,000 hens, and local activists have been collecting signatures in support of a bid to urge Stanislaus County District Attorney Birgit Fladager to prosecute Keung Cheung. As of late last week, the district attorney's office said it could not comment on the case, because it was waiting for reports and information from the Stanislaus Animal Services Agency.

Patton said she hopes the district attorney will take action. "It's our allegation that [Keung Cheung] broke the law," she said. Specifically, he may have violated California Penal Code 597, which states that "every person who maliciously and intentionally maims, mutilates, tortures or wounds a living animal or maliciously and intentionally kills an animal, is guilty of an offence punishable by imprisonment."

But some are concerned that Keung Cheung may only get a slap on the wrist. "Unfortunately, the law isn't as clear when it comes to farm animals as it is with dogs and cats and other pets," said Anne Martin, an Oakland resident and a lead volunteer with Harvest Home. "If he can say that what he did was standard farm practice, then he may be off the hook."

Shani Campbell, president of the Oakland-based group United for Animals, said the starvation of the birds could have been easily avoided. "All [Keung Cheung] had to do was make a phone call to the Animal Services Agency or the Sheriff's Department, rather than just leave them to starve," she said. "Or, Harvest Home or Animal Place certainly would have stepped in."

The conditions uncovered by local activists at A&L Poultry bring to the spotlight the ethical issues surrounding factory farming of eggs and other animal products. Kim Sturla, the executive director of Animal Place, noted that factory farming practices tend to be well concealed from the public, making cases like the A&L Poultry rescue not only shocking, but also educationally valuable.

"For us, cases like these serve as a platform to educate the public about egg farming," Sturla said. Standard practice in the chicken egg industry is to clip off the beaks of newly hatched females, while the males are killed and disposed of. "The birds are then crammed into cages, and they're shitting on top of each other," Sturla noted. "The odor is unimaginable, and the only substrate they stand on is wire. Their lives are horrific from the moment they hatch from the egg. It's beyond cruelty."

Even farms billed as "free-range" tend to produce comparable suffering in similar conditions, according to critics. Many people now tout "pasture-raised eggs" as the highest standard in commercial egg production.
The 50,000 hens that inhabited A&L Poultry were just a slight fraction of the national population of egg-laying hens. According to the US Department of Agriculture, 281 million egg-laying hens were living on farms nationwide in 2010, and many millions more chickens are raised and killed for meat every day. In California, 19 million hens produce 5 billion eggs annually for human consumption. Iowa ranked first nationwide in 2010 with 51 million egg-laying hens. The vast majority live in overcrowded battery cages.

But Proposition 2, passed by voters in 2008, will take effect in 2015 and impose requirements that farmers provide relatively spacious conditions for their hens — enough room, anyway, for them to stretch, stand up, and turn around. In spite of such improvements, millions of chickens will remain the engine of a massive egg industry. Campbell with United for Animals is a vegan, as are many who assisted in the hen rescue. She believes that only a transition away from egg consumption can alleviate the suffering inherent to egg farming. "Even vegetarians who eat eggs are contributing to animal death," she said, noting that male chicks at egg "hatcheries" are killed immediately after birth.

Anyone who applies to adopt any of the rescued birds will be carefully screened, Sturla said, to avoid placing the chickens back into the hands of commercial interests. "We don't mind if people eat the eggs," she said. "We just don't want them adopting the chickens for that purpose. We want them to be pets."

Wednesday, March 14, 2012

AT&T Seeks to Settle, Quietly, With iPhone User


AT&T is offering to discuss a settlement with an iPhone user who won a small-claims case that alleged the company was slowing down his "unlimited" data service.

A law firm retained by AT&T Inc. also threatened in a letter dated Friday to shut off Matthew Spaccarelli's phone service if he doesn't sit down to talk.

The phone company doesn't say if the settlement would involve money beyond the $850 award the Simi Valley, Calif., resident won from the company in small claims court on Feb. 24.

AT&T has about 17 million smartphone customers on "unlimited" plans, and has started slowing down service for users who hit certain traffic thresholds. Spaccarelli maintained at his Feb. 24 small-claims hearing that AT&T broke its promise to provide "unlimited" service, and the judge agreed.

Spaccarelli has posted online the documents he used to argue his case and encourages other AT&T customers copy his suit. Legal settlements usually include non-disclosure agreements that would force Spaccarelli to take down the documents.

In its letter, AT&T asked Spaccarelli to be quiet about the settlement talks, including the fact that it offered to start them, another common stipulation. Spaccarelli said he was not interested in settling, and forwarded the letter to The Associated Press.

Spaccarelli has admitted that he has used his iPhone to provide Internet access for other devices, a practice known as tethering, which violates AT&T's contract terms. AT&T says that means it has the right to turn off his service.

Spaccarelli says he doesn't care — the important thing to him was defeating AT&T in court, he said.
Dallas-based AT&T has said it will appeal the Feb. 24 decision. Appeals in California small claims court are similar in format to the original hearings, except that lawyers may attend.

AT&T did not comment further on its offer.

Late last year, AT&T started "throttling," or slowing down data service for "unlimited" subscribers once they reached the top 5 percent of data users in their area. The slowdown, which makes a phone difficult to use for anything but calls, texts and some emails, lasts until the end of the subscriber's billing cycle.

Subscribers complained that they hit the limits at unexpectedly low levels, and that they had no idea what they levels were before getting warning messages from the company that they were approaching the limit.
Two weeks ago, AT&T said it would stop throttling the top 5 percent, and instead apply the slowdown after 3 gigabytes of data consumption. Customers on a "limited" AT&T plan get 3 gigabytes of data for $30 per month, the same price paid by "unlimited" users.

Spaccarelli's victory in small-claims court is similar to that of Heather Peters, a California woman who won $9,867 from Honda last month because her Civic Hybrid did not live up to the promised gas mileage. She, too, is helping others bring similar cases.

Monday, March 5, 2012

Abu Dhabi Gets Full Ownership of Chip Manufacturer


he Abu Dhabi government on Monday agreed to acquire full control of Advanced Micro Devices Inc.'s former microchip manufacturing unit, though AMD will remain a key customer.
 
AMD is giving up its minority stake in Milpitas, Calif.-based manufacturer GlobalFoundries as part of a revised supply agreement. The deal will give Abu Dhabi's Advanced Technology Investment Co. total ownership of GlobalFoundries, which was founded as a spin-off from AMD in 2009.

While AMD will remain one of GlobalFoundries' "strategic customers," it will now be better positioned to diversify its customer base, according to ATIC communications head Laurie Doyle Kelly.

"It can really pursue its strategy and mandate of being a fully independent foundry," she said in an interview.

A foundry does the work of manufacturing chips for microprocessor designers such as AMD that do not operate their own production plants. Sunnyvale, Calif.-based AMD is the world's number two maker of personal computer microprocessors — the "brains" of PCs — after Intel Corp.

GlobalFoundries has chip-making plants in Dresden, Germany and Singapore. It is starting production at a new plant in upstate New York, which it expects will be fully operational by the end of this year or early 2013, Kelly said.

Under the terms of their new wafer supply deal, AMD said GlobalFoundries agreed to waive a requirement that it buy a new type of chip for a set period and make quarterly payment obligations that were outlined in an earlier supply agreement.

In addition to giving up its less than 10 percent stake, AMD said it will pay GlobalFoundries $425 million as part of the deal. It expects to book a one-time charge of $703 million in the first quarter to cover the cash payment and other costs.

AMD spun off its chip-making operations into GlobalFoundries in 2009 in an effort to cut costs. ATIC took a majority stake in the newly created company at the outset.

ATIC was set up by the government of Abu Dhabi to drive the development of a technology industry in the oil-rich sheikdom, the capital of the United Arab Emirates. It bought Singapore's Chartered Semiconductor Manufacturing Ltd. for $1.8 billion in 2009 and combined those operations into GlobalFoundries' business.

Friday, March 2, 2012

Man Denied Liver Transplant for Using Prescribed Marijuana: “Probably Too Late for Me”


By Noel Brinkerhoff
 
Los Angeles - Norman B. Smith, the 63-year-old cancer patient at Cedars-Sinai Medical Center in Los Angeles who was denied a liver transplant because he used medical marijuana, says in a new interview that it’s probably too late for him to make a recovery even if he could get the surgery he needs.
 
Diagnosed three years ago with inoperable liver cancer, Smith was prescribed medical marijuana by Cedars-Sinai oncologist Steven Miles to help his patient deal with the effects of chemotherapy. Then Smith became eligible for a liver transplant, but was removed from the list after testing positive for marijuana.
 
Hospital officials insisted that Smith stop using marijuana for at least six months, undergo random drug testing, and attend weekly Alcoholics Anonymous classes before they will consider putting him back on the list. They say the policy has nothing to do with morality and is a decision based on the health of the patient.
 
Smith says he’s frustrated with the policy, but is resigned to the fact that he may have missed his chance at getting a new liver. “It’s probably too late for me,” Smith told Reason TV, “but I hope it makes it easier for the next guy…and there are plenty of us out there.”
 
Steph Sherer, executive director of Americans for Safe Access, says she knows of a dozen patients who have died because of the same denial of a transplant.

Facing Painful Cuts and Tuition Hikes, U.S. Students "Occupy Education"

By Judith Scherr

Berkeley, California - Shawn Deez, a freshman in peace and conflict studies, says she thinks she knows why some classes are scheduled at the University of California, Berkeley, and some are not. It's corporate influence that makes the difference, she said.

It was Mar. 1, Occupy Education's National Day of Action, observed with marches and rallies at some 30 California universities and at a number of venues around the country.

While much of the media focused on the steep tuition hikes at state universities and community colleges, many participants at UC Berkeley used the lens of the Occupy Movement - the 99 percent versus the one percent - to examine the underlying problems in education.

Deez spoke to IPS during a downpour while waiting for a noontime rally on the UC Berkeley campus. She contended that the influence of corporations such as BP – formally British Petroleum – which has partnered with the university and its affiliated laboratories on a 400,000-dollar biofuels institute, heavily influences the departments in which university funds are spent. She said the humanities have no corporate funding and face increasing cuts.

Moreover, she said, corporate interests have turned the university away from its mission. 


"The idea of careerism has taken over the university," she said. "There's no idea of going to the university any more just for knowledge."

And then there's the question of who profits from the steep tuition hikes. Banks have been frequently targeted by the six-month-old Occupy Movement, for their bad home loans and foreclosures. But University of California, Davis instructor Joshua Clover explained to the Berkeley crowd of around 300 how banks profit from the hike in their tuitions.

"The public university wants to raise its price of admission much faster than any increase in people's ability to pay," he said. "Those banks really need you suckers for those loans. The university and banks enter into an alliance through which the banks make staggering profits from the university's huge fee hikes."

After that, the banks control the debtor's lives. "This is the outcome of the university's laying down with capital," he said, telling the students that the answer isn't a "kinder, gentler capitalism", but an end to the system.

Before the rally, "teach-outs" were held in small groupings around the campus. Matt Williams, a senior in sociology, led one on affirmative action. UC Berkeley statistics for 2010 show there were just four percent African American and 13 percent Latino undergraduates.

He said that part of the problem is the different quality of high schools, where some schools offer advanced placement classes in which a student can earn 4.5 points (an A is four points), and where counselors steer students into college preparatory classes and even help students write their entry essays.

Donnell Vital-Gibson, an eleventh grader at Oakland Technical High School, was listening to the speaker on affirmative action and talked to IPS afterward, explaining that he was one of the lucky ones in Oakland. His high school has advanced placement classes, he said, but schools in Oakland's poorer neighbourhoods do not.

"We're fighting the one percent right here," he said.

After the rally, the students took off on a march to Oscar Grant/Frank Ogawa Plaza, the former home of Occupy Oakland, to meet up with community college students and others from Occupy Oakland.

Then some 60 among them marched again, heading to a church in Richmond, about 12 miles away, where they would join students from San Francisco, spend the night at a church, then walk 99 miles over several days, to UC Davis, near the state capitol in Sacramento.

They are planning "Occupy the capitol," a statewide education rally in Sacramento Mar. 5.

"The march is a way to engage the community," said Stephan Georgiou, a student at San Francisco City College, a community college where 67 classes were cut this year. Georgiou said they're facing the "dismantling of community colleges in California," and that people are not aware of the programme cuts and layoffs.

He said some legislators are trying to "take the autonomy away from the colleges and turn them into vocational schools."

Around the time Georgiou was marching from Oakland to Richmond, 13 demonstrators were arrested in San Francisco for refusing to leave a state office building until their demands for education funding were met. A City College engineering instructor was among the arrestees.

Around 3 p.m., another rally was held in Berkeley. This one, at the K-12 school administration building, was put together by Occupy Berkeley High and attended by some 600 students, whose signs and t- shirts said: "Wake up! Stand up! Speak up! Shake up! We are the 99 percent. Tax the rich."

The "tax the rich" refers to a proposed "millionaires tax" that will be on California's November ballot, if its supporters collect the required signatures. It would levy an additional state income tax of three percent for Californians whose annual adjusted gross income is over one million dollars, and five percent for those making over two million dollars a year.

The funds would restore budget cuts to education, public safety, and other services. The California Federation of Teachers is backing this measure.

Berkeley High senior Amelia McCrea spoke to the crowd, calling for the millionaire's tax and asking: "Doesn't the government realise that someday, we're going to be running the show?

"We are the future innovators, artists, politicians, shapers of the world and we are the ones who supply the hunger for knowledge and drive to learn. We must show the state, the country, that we won't sit idly by while education is being undervalued."

McCrea continued, "I believe that students should be recognised as a priority over the funding of prisons," and then she invited the audience to enjoy the dance performances and music provided by fellow students. 

Thursday, March 1, 2012

Q&A: Google to Dig Deeper into Users' Lives

Michael Liedtke

If you're amazed — and maybe even a little alarmed — about how much Google seems to know about you, brace yourself. Beginning Thursday, Google will operate under a streamlined privacy policy that enables the Internet's most powerful company to dig even deeper into the lives of its more than 1 billion users.

Google says the changes will make it easier for consumers to understand how it collects personal information, and allow the company to create more helpful and compelling services. Critics, including most of the country's state attorneys general and a top regulator in Europe, argue that Google is trampling on people's privacy rights in its relentless drive to sell more ads.

Here's a look at some of the key issues to consider as Google tries to learn about you.

Q: How will Google's privacy changes affect users?
A: Google Inc. is combining more than 60 different privacy policies so it will be able to throw all the data it gathers about each of its logged-in users into personal dossiers. The information Google learns about you while you enter requests into its search engine can be culled to suggest videos to watch when you visit the company's YouTube site.
Users who write a memo on Google's online word processing program, Docs, might be alerted to the misspelling of the name of a friend or co-worker a user has communicated with on Google's Gmail. The new policy pools information from all Google-operated services, empowering the company to connect the dots from one service to the next.

Q: Why is Google making these changes?
A: The company, based in Mountain View, Calif., says it is striving for a "beautifully simple, intuitive user experience across Google." What Google hasn't spent much time talking about is how being able to draw more revealing profiles about its users will help sell advertising — the main source of its $38 billion in annual revenue.
One reason Google has become such a big advertising network: Its search engine analyzes requests to figure out which people are more likely to be interested in marketing pitches about specific products and services. Targeting the ads to the right audience is crucial because in many cases, Google only gets paid when someone clicks on an ad link. And, of course, advertisers tend to spend more money if Google is bringing them more customers.

Q: Is there a way to prevent Google from combining the personal data it collects from all its services?
A: No, not if you're a registered user of Gmail, Google Plus, YouTube, or other Google products. But you can minimize the data Google gathers. For starters, make sure you aren't logged into one of Google's services when you're using Google's search engine, watching a YouTube video or perusing pictures on Picasa. You can get a broad overview of what Google knows about you at http://www.google.com/dashboard , where a Google account login is required. Google also offers the option to delete users' history of search activity.
It's important to keep in mind that Google can still track you even when you're not logged in to one of its services. But the information isn't quite as revealing because Google doesn't track you by name, only through a numeric Internet address attached to your computer or an alphanumeric string attached to your Web browser.

Q: Are all Google services covered by the privacy policy?
A: No, a few products, such as Google's Chrome Web browser and mobile payment processor Wallet, will still be governed by separate privacy policies.

Q: Is Google's new privacy policy legal?
A: The company has no doubt about it. That's why it's repeatedly rebuffed pleas to delay the changes since announcing the planned revisions five weeks ago. But privacy activists and even some legal authorities have several concerns.
The Electronic Privacy Information Center, a privacy rights group, sued the FTC in a federal court in an effort to force the FTC to exercise its powers and block Google's privacy changes. A federal judge ruled the courts didn't have the authority to tell the FTC how to regulate Google. The FTC says it is always looking for evidence that one of its consent orders has been violated.

Earlier this week, the French regulatory agency CNIL warned Google CEO Larry Page that the new policy appears to violate the European Union's strict data-protection rules. Last week, 36 attorneys general in the U.S. and its territories derided the new policy as an "invasion of privacy" in a letter to Page.

One of the major gripes is that registered Google users aren't being given an option to consent to, or reject, the changes, given that they developed their dependence on the services under different rules. In particular, people who bought smartphones running on Google's Android software, and signed two-year contracts to use the devices, may have a tough time avoiding the new privacy policy. They could switch to non-Google services, but those typically don't work as well on Android software. Or they could buy a different smartphone and pay an early-termination penalty.

Q: What regulatory power do government agencies have to change or amend the privacy changes?
A: The U.S. Federal Trade Commission gained greater oversight over Google's handling of personal information as part of a settlement reached last year. Google submitted to the agreement after exposing its users email contacts when it launched a now-defunct social networking service called Buzz in 2010. The consent order requires Google's handling of personal information to be audited every other year and forbids misleading or deceptive privacy changes.
Google met with the FTC before announcing the privacy changes. Neither the company nor the FTC has disclosed whether Google satisfied regulators that the revisions comply with the consent order.

Tuesday, February 21, 2012

Justices Will Review Racial Preference for College


The Supreme Court is setting an election-season review of racial preference in college admissions, agreeing Tuesday to consider new limits on the contentious issue of affirmative action programs.

A challenge from a white student who was denied admission to the University of Texas flagship campus will be the high court's first look at affirmative action in higher education since its 2003 decision endorsing the use of race as a factor.

This time around, a more conservative court could jettison that earlier ruling or at least limit when colleges may take account of race in admissions.

In a term already filled with health care, immigration and political redistricting, the justices won't hear the affirmative action case until the fall.

But the political calendar will still add drama. Arguments probably will take place in the final days of the presidential election campaign.

A broad ruling in favor of the student, Abigail Fisher, could threaten affirmative action programs at many of the nation's public and private universities, said Vanderbilt University law professor Brian Fitzpatrick.

A federal appeals court upheld the Texas program at issue, saying it was allowed under the high court's decision in Grutter vs. Bollinger in 2003 that upheld racial considerations in university admissions at the University of Michigan Law School.

But there have been changes in the Supreme Court since then. For one thing, Justice Samuel Alito appears more hostile to affirmative action than his predecessor, Sandra Day O'Connor. For another, Justice Elena Kagan, who might be expected to vote with the court's liberal-leaning justices in support of it, is not taking part in the case.

Kagan's absence probably is a result of the Justice Department's participation in the Texas case in the lower courts at a time when she served as the Obama administration's solicitor general.

Fisher, of Sugar Land, Texas, filed a lawsuit along with another woman when they were denied admission at the university's Austin campus. They contended the school's race-conscious policy violated their civil and constitutional rights. By then, the two had enrolled elsewhere.

The other woman has since dropped out of the case. The state has said that Fisher is a Louisiana State University senior whose impending graduation should bring an end to the lawsuit. But the Supreme Court appeared not to buy that argument Tuesday.

The Project on Fair Representation, which opposes the use of race in public policy, has helped pay Fisher's legal bills. "This case presents the Court with an opportunity to clarify the boundaries of race preferences in higher education or even reconsider whether race should be permitted at all under the Constitution's guarantee of equal protection," said Edward Blum, the group's director.

The project also issued a statement in Fisher's name. "I hope the court will decide that all future UT applicants will be allowed to compete for admission without their race or ethnicity being a factor," she said.
Most entering freshmen at Texas are admitted because they are among the top 10 percent in their high school classes. Fisher's grades did not put her in that category.

The Texas Legislature adopted the Top Ten Percent law after a federal appeals court ruling essentially barred the use of race in admissions.

But following the high court ruling in 2003, the university resumed considering race starting with its 2005 entering class. The policy at issue applies to the remaining spots beyond those filled by the top 10 percent and allows for the consideration of race along with other factors

Texas said its updated policy does not use quotas, which the high court has previously rejected. Instead, it said it takes a Supreme Court-endorsed broader approach to enrollment, with an eye toward increasing the diversity of the student body.

"We must have the flexibility to consider each applicant's unique experiences and background so we can provide the best environment in which to educate and train the students who will be our nation's future leaders," said Bill Powers, president of the University of Texas at Austin.

Before adding race back into the mix, Texas' student body was 21 percent African-American and Hispanic, according to court papers.

By 2007, the year before Fisher filed her lawsuit, African-Americans and Hispanics accounted for more than a quarter of the entering freshman class.

Fisher's challenge says the Top Ten Percent law was working to increase diversity and that minority enrollment was higher than it had been under the earlier race-conscious system.

Fitzpatrick said two other states, California and Florida, use similar "top 10" plans, although California law 
explicitly prohibits the consideration of race.

"But the vast majority of schools that are selective are using affirmative action, though they don't like to advertise it for fear of being sued," he said.

The case is Fisher v. University of Texas at Austin, 11-345.

Tuesday, February 14, 2012

5,000 Homeless Americans Live in Tent Cities


By Noel Brinkerhoff
 
United States - While the U.S. unemployment rate has improved slightly in recent months, the rosy news of better times ahead contrasts with the difficult reality still haunting many Americans, especially for those living in tents to survive.
 
It is estimated that at least 5,000 individuals today call “tent cities” their home. These makeshift, and unhealthy, settlements have sprung up in more than 50 cities, including Portland, Oregon; Lakewood, New Jersey; Ann Arbor, Michigan; Pinellas Park, Florida; and Bakersfield, California.
 
Some of the tent cities house a few dozen, while others provide shelter for as many as 300. Many are supported by local churches while others face eviction because of safety code violations.
 
The conditions of the encampment in Ann Arbor have been described as “unhygienic." There are no toilets and electricity is only available in the one communal tent where the campers huddle around a wood stove for warmth in the heart of winter,” according to the BBC News.

Monday, January 16, 2012

Shot Bicyclist Possibly Target of Sniper

Bicyclist shot possible sniper Richmond 1/16/2012 photo

Richmond, CA - While walking his bike along train tracks, a man was shot in the legs.  The event happened in the early hours of January 15th.  The unnamed victim believes he was targeted from a rooftop.

Sargent Mike Rood of the Richmond Police Department stated the man was walking along tracks near West Ohio Avenue moments after noticing a red laser dot on his body aimed from a high vantage point.

After being shot, the bicyclist ran from the area and was noticed by a train engineer who thought he wished to cross the tracks. After stopping the train, the engineer noticed the victim was bleeding and alerted the police.



ShotSpotter and how it works.
ShotSpotter gunfire-detection microphones picked up the gunshot around the same time.  Shortly after the detection, police were notified of the shooting incident and rushed to help.

A search for the shooter has proved unsuccessful so far.

The wound is not life-threatening.

Monday, January 9, 2012

Early Talking Doll Recording Discovered



ScienceDaily (July 17, 2011) — On May 11, 2011, scientists at the Lawrence Berkeley National Laboratory in Berkeley, California recovered sound from an artifact that historians believe is the earliest surviving talking doll record. The artifact is a ring-shaped cylinder phonograph record made of solid metal, preserved by the National Park Service at Thomas Edison National Historical Park. Phonograph inventor Thomas Edison made the record during the fall or winter of 1888 in West Orange, New Jersey.
 
On the recording, an unidentified woman recites one verse of the nursery rhyme "Twinkle, twinkle, little star." The voice captured on the 123-year-old record had been unheard since Edison's lifetime. The recording represents a significant milestone in the early history of recorded sound technology.

Recovering and Identifying the Sound
The metal record is significantly bent out of its original round, cylindrical shape. For this reason, curators at Thomas Edison National Historical Park were unable to play the recording using conventional methods. At the Lawrence Berkeley National Laboratory, Senior Scientist Carl Haber and Computer Systems Engineer Earl Cornell used a three-dimensional optical scanning technology developed during 2007-2009, in collaboration with the Library of Congress, to create a digital model of the surface of the record. With this digital model, they used modern image analysis methods to reproduce the audio stored on the record, saving it as a WAV-format digital audio file. They were able to recover all but the first syllable of the first word of the recording. Once the recording could be heard, historian Patrick Feaster of Indiana University played a key role in identifying and dating the recording by finding relevant references among archival documents. Researcher René Rondeau of Corte Madera, California provided additional fact-checking assistance.

Talking Doll Records Made of Tin
In search of a market for his invention the phonograph, Edison first attempted to make talking dolls during 1888. The prototype model described in laboratory notes and newspaper articles between September and December of that year was distinctive for using a record made of solid tin. In November 1888, the New York Evening Sun announced that Edison's talking dolls had just been "perfected," and that "nothing remains but to manufacture them in large quantities." No commercially viable method of duplicating sound recordings had yet been developed, so Edison hired women with suitable voices to make as many records as he thought would be needed once his talking dolls were put on the market: "There were two young ladies in the room...who were continually talking to the tiny speaking machines, which a skilled workman was turning out in great numbers."

Significance of the Recording
According to Feaster, this New York Evening Sun report marks the first time anyone is known to have been employed specifically to perform for the phonograph, so these women were arguably the world's first professional recording artists. If the goal was to stockpile these tin records "in large quantities" to supply the eventual demand for talking dolls, as the New York Evening Sun suggests, then they may also have been the first phonograph recordings ever manufactured for sale to the public, even though they were never actually sold.

It was more than a year later, in April 1890, when Edison placed a talking doll on the market. By that time, however, he had switched the design to use records made of wax rather than tin. The dolls failed to sell because they broke too easily -- due in part to the fragility of the records. It is unclear why Edison switched from tin to wax records for the talking doll.

Provenance of the Artifact
National Park Service museum curators first cataloged the object in 1967, found among items left in the desk of Edison's secretary William H. Meadowcroft, located in the library of the Edison Laboratory in West Orange, New Jersey. A paper tag found tied to the cylinder reads: "Tin Phonograph Cylinder […]l Record." The artifact is the only example of a talking doll record from 1888 known to survive today.

Update: I've been asked if I could upload the audio, so here it is.


Thursday, January 5, 2012

Fish Imitates Octopus That Imitates Fish




Indonesia/California/Gottingen - The infamous mimic octopus, known to impersonate flatfish, lionfish, and sea snakes, now has an imitator of its own.

The jawfish, a tiny fish that surely would be eaten by almost any other animal in the ocean, usually stays close to its burrow ready to retreat from any danger. It was noticed in July of 2011 during a trip to Indonesia by Godehard Kopp of the University of Gottingen (Germany) clinging to the octopus. The fish was imitating an octopus that imitates another fish species. In spite of how close it was to the octopus, the fish seems to be unnoticed.

Kopp sent the video he made about the jawfish to the people who discovered it, Rich Ross and Luiz Rocha of the California Academy of Sciences. Because this behavior has never been documented before they published it in the journal Coral Reefs. They theorize the jawfish “hitches a ride with the octopus for protection, allowing it to venture away from its burrow to look for food—a case of 'opportunistic mimicry.' “

Dr. Rocha said about the discovery "This is a unique case in the reefs not only because the model for the jawfish is a mimic itself, but also because this is the first case of a jawfish involved in mimicry. Unfortunately, reefs in the Coral Triangle area of southeast Asia are rapidly declining mostly due to harmful human activities, and we may lose species involved in unique interactions like this even before we get to know them."

Tuesday, December 27, 2011

State Cuts to Medicaid Affect Patients, Providers



— Just as Medicaid prepares for a vast expansion under the federal health care overhaul, the 47-year-old entitlement program for the poor is under increasing pressure as deficit-burdened states chip away at benefits and cut payments to doctors.
Nearly every state has proposed or implemented a plan in its current budget to rein in costs, and many are considering additional cuts in the year ahead.

For the tens of millions of poor and disabled who rely on the program — approaching nearly one in five Americans — the cuts translate into longer waits for doctors, restrictions on prescription drugs, a halt to vision and dental care, staff cuts at nursing homes and dwindling access to home health care.

Ruth Wohlforth, 70, is among those feeling the effects.

Her $700 monthly income qualifies her for both Medicare and Medicaid, but she says her benefits have been reduced, she's being forced her to make co-pays for the first time on prescription drugs, and she now has to drive about 30 minutes from her home near the southern tip of New Jersey to see a doctor. Some of her friends have been assigned to doctors in Philadelphia. 

She said she feels lawmakers are not aware of the real-world consequences of their spending cuts.
"I've seen so many people in tears, and they don't know what to do," Wohlforth said. "People that are older than I am, and are in worse shape, they get befuddled by the whole thing. They don't know where to go for help; they just feel they're not being listened to."
States are reshaping the Medicaid landscape even as the need has grown along with joblessness during the recession.

The $427 billion-a-year program, a combination of state and federal funding, also had been targeted for additional cuts at the federal level this year as members of Congress sparred over how to reduce the nation's debt. But funding seems safe for now after a special committee failed last month to reach an agreement on how to cut overall spending.

Already, many changes at the state level have been dramatic and are testing the legal bounds of what Medicaid must provide:

— Arizona, for a time, eliminated life-saving transplants for Medicaid patients, and hospital officials in the state blame at least one death on the halt in coverage. Gov. Jan Brewer restored transplants but is prohibiting thousands of low-income, childless adults from entering the program and has added fees on those who smoke and the obese.

— New Jersey Gov. Chris Christie is pushing a plan under which only the poorest would qualify. A parent of two making more than $103 per week would no longer be eligible for coverage.

— The U.S. Supreme Court will decide whether California has the right to continue cutting payments to physicians and other Medicaid providers to help close the state's ongoing budget deficit.

Cuts to provider fees, as in California, have been the most frequently used tactic by states to save Medicaid costs. A recent survey by the National Association of State Budget Officers found that 33 states wanted to reduce provider rates and another 16 sought to freeze them.
California was granted permission by federal officials to make broad cuts to reimbursement rates to its Medicaid program, known as Medi-Cal, in October. The cuts include a 10 percent reduction to payments for outpatient services for doctors, clinics, optometrists, dental services, medical equipment and pharmacy. They are intended to save the state an estimated $623 million.

A coalition of trade associations representing doctors, pharmacists and chain drug stores has filed a lawsuit seeking to stop the cuts. Doctors who care for Medi-Cal patients say they already have been subjected to multiple pay cuts, and some say they no longer will be able to serve the state's neediest patients.

About 70 percent of Dr. Douglas Tolley's practice in Yuba County is covered by Medi-Cal. The 64-year-old obstetrician, who practices in a largely agricultural region about 40 minutes north of the state capital, said he is the old-school sort of doctor who "was brought up in a time when doctors took care of all comers."

Yet he has seen his income steadily drop over the last 18 years — down one-third from what it was when he started.

"Everybody understands that doctors are basically small business people, and we have to meet our cost plus make a living." Tolley said. "Just meeting our cost doesn't mean staying in business."

Even more state cuts could be on the horizon. In Maine, Gov. Paul LePage recently proposed removing 65,000 residents from the program, citing a state Medicaid shortfall estimated to reach $221 million through mid-2013. The Republican governor says he will not consider tax increases to make up the difference.

State officials, who are required to balance their budgets, argue they have no choice but to cut into Medicaid after four straight years of budget deficits. With state and federal funds combined, Medicaid makes up 22 percent of total state spending, the largest single portion of most state budgets, according to the National Association of State Budget Officers.

Critics say the moves are shortsighted.

Joan Alker, co-executive director of the Center for Children and Families at Georgetown University, said slashing Medicaid will not stop the sick from seeking care, sending them to emergency rooms and ultimately inflating private medical insurance premiums.
"At the end of the day, for the children, the individuals with disabilities, the seniors in nursing homes, their health care needs are not going to go away just because someone cuts the Medicaid program," Alker said.

Jerry Kemmer, a former Democratic state assemblyman in New York, said Medicaid has long been an issue lawmakers did not want to touch. Now, they simply have no choice.

"It's ballooned to the extent that it's just become a budget-buster," he said.

Six million people have joined the Medicaid rolls since the recession began in late 2007. Enrollment nationally topped 50 million for the first time in June 2010, a number that is projected to keep rising, especially as the nation's unemployment rate remains high.
Billions of dollars from the federal stimulus program helped avoid deep Medicaid cuts through the worst of the recession, but the last of that money dried up this year.

In Florida, Medicaid reimbursement rates were reduced this year by 12 percent for most hospitals, although rural and children's hospitals were cut just 3 percent, and rates for nursing homes were cut 6.5 percent.

But the start of the next legislative session in January already has some people worried about additional cuts.
Debra St. Fleur, 25, of Miami, is covered by Medicaid, along with her 1-year-old son. Many of her neighbors in the city's Little Haiti section are on Medicaid, too, and she worries what would happen if services continue to be eroded.

"It's really scary," she said. "If they can't get their medicine, what's going to happen? They're going to die."
The Obama administration is concerned enough about the widespread Medicaid provider cuts that it has introduced a rule that would make it harder for states to slash the rates. The move is designed to ensure that those eligible for Medicaid are not denied access due to a shortage of 
health care resources.

Medicaid reimbursement rates already trail those physicians receive for treating Medicare patients and those with private insurance. A study by the nonpartisan Center for Studying Health System Change found that on, average, Medicaid would reimburse a doctor $39 for 45 minutes for a new patient hospital visit, compared to $63 for Medicare.

Physician groups say that has left more and more doctors declining to see Medicaid clients. Some providers are trying to find other ways to make up for the cuts.

In Columbia, S.C., Julie Ann Avin, executive director of the private, nonprofit Mental Illness Recovery Center Inc., has decided not to fill staff vacancies and also cut back on some rehab services because of Medicaid's new authorization process. The center serves about 650 people annually, close to 60 percent of whom are on Medicaid.

"We accept folks regardless," Avin said. "Everything that we do is not based just on a reimbursement."
Molly Collins Offner, director of policy development for the American Hospital Association, said emergency rooms must accept Medicaid clients, as well as those without insurance.
 "More and more, you are seeing ER's becoming primary care docs," she said.
She said deep cuts rippling through the Medicaid system will only exacerbate that.

Monday, November 21, 2011

Prisoners Using Social Media to Harass Victims.


United States – People who are victims of crimes may not be able to rest safely when their attackers are behind bars – at least for now.

Through the smuggling of the phones into their cells, prisoners are gaining access to cell phones at an alarming rate, California prison officials found more than 12-thousand phones in ten months' time. Six years ago 261 phones were confiscated in the same amount of time. After they set up Facebook accounts, they use the website to contact their victims or intimidate witnesses.

Timothy Heaphy, a U.S. attorney, said criminals' use of social networks to reach witnesses made his job harder.

"We deal every day with witnesses who are afraid of being identified. If there are increased instances where folks who are incarcerated can reach outside the walls of the jail, that's going to make it more difficult for us to get cooperation." He said.

Rob Bovett, an Oregon district attorney, said the increasing numbers is troublesome and the law isn't catching up with technology.  Along with the obvious smuggling issue that arises in the prisons, it can also be hard to determine who exactly is sending the messages. Those who are caught rarely face any punishments.