Meat company owner sues USDA for right to slaughter horses









Rick de los Santos wants to reopen an animal slaughter business that's been banned in the U.S. for years. Along the way, he's also opened a can of worms.


The Roswell, N.M., meat company owner sued the federal government last week, alleging that officials ignored his application to resume domestic horse slaughter for food because the practice had become an emotional political issue throughout the West.


After waiting a year for permits, De los Santos, 52, says he's using the courts to force the U.S. Department of Agriculture to resume inspections necessary to open what would be the nation's first new horse slaughterhouse since 2007.








"I've submitted all the paperwork and have been told all along 'Oh, it won't be long now,'" said De los Santos, who owns Valley Meat Co. "I followed all their guidelines. I put more than $100,000 in upgrades and additions on my facilities to handle equine slaughter. And then the government comes back and tells me, 'We can't give you the permits. This horse issue has turned into a political game.'


"So what else do you do? I figured it was time to go to court."


The slaughterhouse owner, whose business had been slaughtering cattle, is also suing the Humane Society of the United States, Front Range Equine Rescue and Animal Protection of New Mexico, accusing those groups of defamation and causing loss of income during the dispute.


The dispute over killing horses has raged for years. Equine advocates have accused the Bureau of Land Management of failing to protect tens of thousands of mustangs that wander government-owned land in 10 Western states. Many of the animals are corralled each year and sent to long-term holding facilities. And reports surfaced this fall that the BLM was knowingly selling wild horses for slaughter, an outcome banned annually by Congress. The agency is investigating the claim.


In 2007, the last three domestic slaughterhouses in the United States were closed. Since then, unwanted domestic animals have been shipped to Mexico and Canada for slaughter.


Many animal protection groups and public officials were outraged at the idea of resuming domestic horse slaughter, including New Mexico Gov. Susana Martinez, a Republican, who has opposed the plan.


Many animal advocates says horse slaughter has no business in the U.S.


"Everything is wrong with this idea," said Sally Summers, founder of Horse Power, a Nevada-based equine advocacy group. "The economy has done just fine without this type of slaughter. And these plants are toxic to the community. They hurt these towns; they don't help them."


Summers said that many of the drugs that U.S. owners give their horses to ensure longevity and peak performance are carcinogenic. "This stuff gets into the water table through the drains," she said. "It's a nightmare. This man is smoking a pipe and I don't know what's in it."


The USDA declined to comment last week on the pending litigation. The agency has until January to respond to the suit, filed in federal court in late October.


De los Santos says his lawsuit will show that a recent "marked change in cooperation" by the USDA is due to pressure the government is receiving on the horse issue.


Some support a return to domestic horse slaughter. The American Quarter Horse Assn. says a 2011 report from the federal Government Accountability Office shows horse abuse and abandonment have been increasing since Congress essentially banned horse slaughter by cutting funding for USDA inspection programs in 2006.


The number of U.S. horses sent to other countries for slaughter has nearly tripled since domestic horse slaughter ceased. Most animal advocacy groups agree that some of the worst abuse occurs in the slaughter pipeline that often takes horses to inhumane facilities in Mexico.


Last year, 68,429 horses were shipped to Mexico and 64,652 to Canada, according to USDA statistics compiled by the Equine Welfare Alliance, a nonprofit group dedicated to ending horse slaughter. That compares with total exports of 37,884 of the animals in 2006.


De los Santos says he is tired of sitting in southern New Mexico and watching countless truckloads of horses en route to Mexico for slaughter.


"I've seen 130,000 horses a year on their way to Mexico — they go right through our backyard — and I wanted to tap into the market," he said. "I could have hired 100 people by now. Everyone in our community agrees we need this type of service. And I'm tired of waiting."


De los Santos says he is ready to start killing horses humanely.


"Everything that has four legs that walks can be slaughtered the same way, but we're ready to do this humanely," he said. "We've upgraded our knocking chutes for giving them that lethal hit."


He says he can't understand why everyone is so upset. Americans kill cows; why not horses?


"My wife says horse is on the menu all over Europe, but the moment you mention horse slaughter in the U.S., you've got a problem," he says.


john.glionna@latimes.com





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Facebook Poke App Is Frustrating as Hell






Facebook Poke: Startup Screen


Poke, the new iPhone app from Facebook, lets you send short messages, photos and videos to friends that automatically self destruct after a few seconds. If you have the Facebook app on your phone already, logging in is effortless.


Click here to view this gallery.






[More from Mashable: 2012′s Biggest Winners and Losers]


I was never a big poker on Facebook. When I joined the social network in 2007, giving someone a “poke” was still pretty common. It was a connection that stopped short of an actual friend request, a way to test the waters of a reconnection with, say, an ex.


The new app, Facebook Poke (as it’s listed in the App Store), doesn’t have much in common with poking of old. It’s essentially a clone of other texting apps where all the messages have a built-in self-destruct. It’s ideal for clandestine activities, shall we say.


[More from Mashable: Facebook Introduces Snapchat Competitor, Poke]


Here’s how it works: Let’s say you have a sudden urge to send one of your Facebook friends a photo of a, er, cucumber. But you don’t want to just send them a cucumber pic that they could post and re-share to the world. Poke lets you send the pic, but the recipient will only have 1, 3, 5 or 10 seconds to view your majestic vegetable. And they need to press and hold the screen while viewing, or the pic goes away.


You can send photos, videos or text messages via Poke, although you can’t use it for anything too elaborate since the message content lasts 10 seconds maximum. After that, boom. The message, whatever it was, is gone forever. There isn’t even a record on the sender’s phone (although a log of who you’ve poked and who’s poked you still remains).


Poke is pretty unforgiving. The recipient must press and hold the notification to see the content. Once you touch, the countdown starts, and there’s no going back — even if you let go. Videos just stop, with no chance of re-watching. You slip, and you’re done.


I suspect Poke will engender a lot of frustration because of this limitation. You feel as if it should at least pause the countdown when you remove your finger.


The app also lets you just “poke” people — meaning send a message with no content — about the only way the app is similar to the old act of poking. Those are just simple notifications, and don’t expire.


It gets more annoying: All your poke recipients need to download the app to see them. Poking only works on mobile right now, and Facebook’s been careful to ensure notifications for incoming pokes only appear in its mobile apps.


Checking out your profile on the web won’t reveal any trace of poking. On a smartphone, a note appears that encourages pokees to download the app.


What if someone does a screengrab of your poke, turning it into something more permanent? There’s nothing you can do, but the app will inform you if someone does that, with a “flash” icon beside their name in your feed. If you see your ephemeral wild moment appear on Tumblr the next day, at least you’ll know who to blame.


Poke isn’t that intuitive. It displays some basic instructions when you first log in, but would benefit greatly from one of those tutorial overlays that have become ubiquitous among iOS apps. Also, I find it odd that your front-facing camera isn’t selected by default. But maybe my expectation for the subject material of most pokes is off the mark.


You can add text and colored line drawings to any pics you send. That’s helpful to get the attention on the thing in the photo you really want the person to look at in those three seconds of poke life.


At first I found it frustrating that Poke doesn’t let you take horizontal photos or videos. But that’s actually a good idea. If you think about it, if the only people seeing this content are people glancing at their phones for a few seconds, so vertical pics make total sense. In the time it took a person to turn their phone and the accelerometer to react, the message will probably be gone. If you want masterpieces, try Flickr.


Bottom line: Poke is an annoying app, but it probably has more to do with the nature of what it’s trying to do than any design flaws. How do you like Poke? Let us know in the comments.


Image courtesy of iStockphoto, jcsmily


This story originally published on Mashable here.


Tech News Headlines – Yahoo! News





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Ashton Kutcher files for divorce from Demi Moore


LOS ANGELES (AP) — Ashton Kutcher filed court papers Friday to end his seven-year marriage to actress Demi Moore.


The actor's divorce petition cites irreconcilable differences and does not list a date that the couple separated. Moore announced last year that she was ending her marriage to the actor 15 years her junior, but she never filed a petition.


Kutcher's filing does not indicate that the couple has a prenuptial agreement. The filing states Kutcher signed the document Friday, hours before it was filed in Los Angeles Superior Court.


Kutcher and Moore married in September 2005 and until recently kept their relationship very public, communicating with each other and fans on the social networking site Twitter. After their breakup, Moore changed her name on the site from (at)mrskutcher to (at)justdemi.


Kutcher currently stars on CBS' "Two and a Half Men."


Messages sent to Kutcher's and Moore's publicists were not immediately returned Friday.


Moore, 50, and Kutcher, 34, created the DNA Foundation, also known as the Demi and Ashton Foundation, in 2010 to combat the organized sexual exploitation of girls around the globe. They later lent their support to the United Nations' efforts to fight human trafficking, a scourge the international organization estimates affects about 2.5 million people worldwide.


Moore was previously married to actor Bruce Willis for 13 years. They had three daughters together — Rumer, Scout and Tallulah Belle — before divorcing in 2000. Willis later married model-actress Emma Heming in an intimate 2009 ceremony at his home in Parrot Cay in the Turks and Caicos Islands that attended by their children, as well as Moore and Kutcher.


Kutcher has been dating former "That '70s Show" co-star Mila Kunis.


The divorce filing was first reported Friday by People magazine.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP.


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Genetic Gamble : Drugs Aim to Make Several Types of Cancer Self-Destruct


C.J. Gunther for The New York Times


Dr. Donald Bergstrom is a cancer specialist at Sanofi, one of three companies working on a drug to restore a tendency of damaged cells to self-destruct.







For the first time ever, three pharmaceutical companies are poised to test whether new drugs can work against a wide range of cancers independently of where they originated — breast, prostate, liver, lung. The drugs go after an aberration involving a cancer gene fundamental to tumor growth. Many scientists see this as the beginning of a new genetic age in cancer research.




Great uncertainties remain, but such drugs could mean new treatments for rare, neglected cancers, as well as common ones. Merck, Roche and Sanofi are racing to develop their own versions of a drug they hope will restore a mechanism that normally makes badly damaged cells self-destruct and could potentially be used against half of all cancers.


No pharmaceutical company has ever conducted a major clinical trial of a drug in patients who have many different kinds of cancer, researchers and federal regulators say. “This is a taste of the future in cancer drug development,” said Dr. Otis Webb Brawley, the chief medical and scientific officer of the American Cancer Society. “I expect the organ from which the cancer came from will be less important in the future and the molecular target more important,” he added.


And this has major implications for cancer philanthropy, experts say. Advocacy groups should shift from fund-raising for particular cancers to pushing for research aimed at many kinds of cancer at once, Dr. Brawley said. John Walter, the chief executive officer of the Leukemia and Lymphoma Society, concurred, saying that by pooling forces “our strength can be leveraged.”


At the heart of this search for new cancer drugs are patients like Joe Bellino, who was a post office clerk until his cancer made him too sick to work. Seven years ago, he went into the hospital for hernia surgery, only to learn he had liposarcoma, a rare cancer of fat cells. A large tumor was wrapped around a cord that connects the testicle to the abdomen. “I was shocked,” he said in an interview this summer.


Companies have long ignored liposarcoma, seeing no market for drugs to treat a cancer that strikes so few. But it is ideal for testing Sanofi’s drug because the tumors nearly always have the exact genetic problem the drug was meant to attack — a fusion of two large proteins. If the drug works, it should bring these raging cancers to a halt. Then Sanofi would test the drug on a broad range of cancers with a similar genetic alteration. But if the drug fails against liposarcoma, Sanofi will reluctantly admit defeat.


“For us, this is a go/no-go situation,” said Laurent Debussche, a Sanofi scientist who leads the company’s research on the drug.


The genetic alteration the drug targets has tantalized researchers for decades. Normal healthy cells have a mechanism that tells them to die if their DNA is too badly damaged to repair. Cancer cells have grotesquely damaged DNA, so ordinarily they would self-destruct. A protein known as p53 that Dr. Gary Gilliland of Merck calls the cell’s angel of death normally sets things in motion. But cancer cells disable p53, either directly, with a mutation, or indirectly, by attaching the p53 protein to another cellular protein that blocks it. The dream of cancer researchers has long been to reanimate p53 in cancer cells so they will die on their own.


The p53 story began in earnest about 20 years ago. Excitement ran so high that, in 1993, Science magazine anointed it Molecule of the Year and put it on the cover. An editorial held out the possibility of “a cure of a terrible killer in the not too distant future.”


Companies began chasing a drug to restore p53 in cells where it was disabled by mutations. But while scientists know how to block genes, they have not figured out how to add or restore them. Researchers tried gene therapy, adding good copies of the p53 gene to cancer cells. That did not work.


Then, instead of going after mutated p53 genes, they went after half of cancers that used the alternative route to disable p53, blocking it by attaching it to a protein known as MDM2. When the two proteins stick together, the p53 protein no longer functions. Maybe, researchers thought, they could find a molecule to wedge itself between the two proteins and pry them apart.


The problem was that both proteins are huge and cling tightly to each other. Drug molecules are typically tiny. How could they find one that could separate these two bruisers, like a referee at a boxing match?


In 1996, researchers at Roche noticed a small pocket between the behemoths where a tiny molecule might slip in and pry them apart. It took six years, but Roche found such a molecule and named it Nutlin because the lab was in Nutley, N.J.


But Nutlins did not work as drugs because they were not absorbed into the body.


Roche, Merck and Sanofi persevered, testing thousands of molecules.


At Sanofi, the stubborn scientist leading the way, Dr. Debussche, maintained an obsession with p53 for two decades. Finally, in 2009, his team, together with Shaomeng Wang at the University of Michigan and a biotech company, Ascenta Therapeutics, found a promising compound.


The company tested the drug by pumping it each day into the stomachs of mice with sarcoma.


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Naomi Gleit helps keep Facebook growing









The gig: As senior director of Facebook Inc.'s growth, engagement and mobile team, Naomi Gleit helps grow the social network's 1-billion-plus user base.


Facebook employee No. 29: Few people outside Facebook have heard of Gleit, but she's the second-longest-serving Facebook employee, after Facebook founder Mark Zuckerberg. Gleit, 29, talked her way into a job at Facebook on July 18, 2005 — her birthday. She was Facebook's 29th employee, coming on board shortly after the company hit 1 million users and before anyone had an inkling of the colossus it would become.


Dogged spirit: Unlike most other early employees who eventually dispersed to seek new fortunes, Gleit says she has no intention of leaving Facebook. She gets that tenacity from her "tiger mom," a computer programmer who ferried her to ballet, piano, karate and Chinese lessons, and her Jewish father, an immigration lawyer who took her to Hebrew school, she said. "I know it sounds completely irrational, but I had no doubt in 2005 that Facebook would be something incredible in the future," she said.





Rival social networks: Her passion for Facebook began before she was hired, when she was a Stanford undergraduate studying science, technology and society, an interdisciplinary major. She wrote her senior thesis on why Facebook beat out rival college social networking site Club Nexus at Stanford. (Club Nexus was started by Stanford student and Turkish software engineer Orkut Büyükkökten, who went on to create Orkut, Google's first attempt at a social network.) Getting in on the ground floor at Facebook made her feel like she was taking part in something bigger than herself, the same feeling she got volunteering for six months in a refugee camp in Botswana, she said.


Growing with Facebook: Gleit helped Facebook push beyond colleges to high schools and eventually to everyone. In late 2007, when the torrid growth pace temporarily cooled, Zuckerberg tapped a team of five to reignite it and asked Gleit to lead product management. It fell to the growth team to identify the obstacles to the company's momentum. In a company ruled by engineers, Gleit, who never studied programming, earned respect with her analytical approach and intuitive understanding of people. "I always believed that growth was the most important thing, the most important way to impact the company," she said. There are now more than 150 people on the team. "It's been an incredible learning experience," she said. "Each year is different."


That magic moment: Those who work closely with Gleit say part of her success early on was her ability to seize on the "magic moment" that makes users fall in love with Facebook. She made it simpler to sign up, and she helped people find friends as soon as they joined. She also helped Facebook spread quickly to new countries by enlisting users to translate the service into more than 80 languages. Gleit helps her team parachute into new markets and traverse less-familiar languages and cultures. It's something that comes from her own passion to see the world and have new experiences. She has taught on a Navajo reservation and lived in a Buddhist monastery in Thailand.


One billion users: Around noon Sept. 14, Zuckerberg gathered with Gleit and dozens of employees in front of a big screen as the number of Facebook users crossed 1 billion. "The scale was insane," she said. "But that is not the goal. When Mark talks about his vision for Facebook, he talks about being able to connect everyone in the world to the people that they care about and provide some value for them every single day."


A problem solver: Zuckerberg calls on Gleit for high-profile projects. In May 2010, when Facebook was under siege because of how it was handling users' personal information, he put Gleit in charge of simplifying privacy settings. Last year she worked on a popular feature that lets users subscribe to a News Feed without having to become Facebook friends.


Betting on mobile: Now Gleit is focused on the future: mobile devices and how they can unlock emerging markets. Gleit knew back in 2011 that people would begin to log on to Facebook from mobile devices in greater numbers than from desktops, particularly in the developing world. So she traveled to Tel Aviv to buy Snaptu, which makes software that helps people on low-tech phones access Facebook, and she brought the whole team back to Silicon Valley with her. Now Facebook is surging in popularity on mobile devices in Tokyo and Nairobi, Kenya. "I have always been interested in technology and how it can be used to improve lives," Gleit said.


jessica.guynn@latimes.com





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Flawed data stall California's 911 upgrades









A three-year effort by California to improve 911 emergency service has been stymied by flawed data and aging computers at local fire departments and rescue agencies across the state, a Times investigation has found.


Since 2009, the state Emergency Medical Services Authority has been seeking to centralize reports on millions of emergency medical responses, a project that officials see as critical to improving life-saving practices.


State officials hoped to capture information from the moment dispatchers answer a call until the victim is transferred to a hospital. The program would for the first time give public officials, medical researchers and regulators the ability to compare response times and patient treatment across local jurisdictions.





But the project has floundered because many fire departments and ambulance operations have been unable to provide usable information.


One problem is that fire departments report basic information inconsistently, including how long it takes them to reach victims. Some begin counting the second a 911 call is answered. Others, including the Los Angeles Fire Department, have started the clock when rescue crews are alerted at fire stations.


Moreover, nearly half of the state's 32 regional emergency medical agencies have failed to contribute reports to the system, officials said. And many of those who do file reports use paper records.


The shortcomings, officials and experts said, underscore how fire agencies lag behind police departments and the private sector in using technology to better manage and evaluate their performance.


"There's been a lot of benign neglect in the fire service as far as collecting data," said Robert Upson, a Connecticut fire marshal who has analyzed data for a nationwide group that sets performance standards for fire departments.


"There's so much sloppiness in recording data. It's just built into the system."


Similar troubles have fueled a months-long controversy over faulty response time data at the Los Angeles Fire Department. In March, top commanders admitted that the department had repeatedly published reports overstating how fast rescuers reached victims in need of help. The flawed reports have been blamed on the use of unqualified firefighters to analyze data and outdated computer systems.


In an effort to improve such data, California officials launched their program to collect rich, comparable details on medical emergencies statewide. Incident reports were to be gathered by regional regulatory agencies and forwarded to the state.


But three years and about $1.6 million later, the voluntary project is plagued by lack of participation, money problems and inconsistent information. The root of the problem is that some agencies rely on outmoded, "home-brewed" computer systems, said Tom McGinnis, the state official overseeing the project.


"We can't compare apples to apples. We compare apples to oranges and peaches," McGinnis said.


The state isn't forcing cash-strapped local agencies to participate because doing so would require many to replace computer systems, McGinnis said. "Really what it comes down to is money," he said.


Some experts say the state program won't be able to deliver on its promise until reporting standards are clarified and participation is mandatory.


"It should become a requirement tomorrow," said Bruce Wagner, the top administrator for the emergency medical services agency in Sacramento County.


His agency is among those that have not provided data to the state. That's because fire departments and ambulance firms under his jurisdiction are hesitant to spend time and money gathering records if they are not required to do so, Wagner said.


"It's hard for us to tell them they are going to incur additional costs if it's not mandated," he told The Times.



Los Angeles County, where a third of the state's 911 medical rescues take place, is a year behind in processing performance information because 28 of the county's 31 fire departments submit paper reports, said Cathy Chidester, the local oversight agency's top executive. Voluminous pages of information must be individually scanned into electronic files or manually typed into a county computer system.


"It's like sweeping sand off the beach," Chidester said.


Of the county's three largest fire departments — Los Angeles city, Los Angeles County and Long Beach — only the LAFD collects medical records electronically.


The county Fire Department has not filed reports on more than 300,000 incidents over the last two years because budget cuts eliminated employees working on the records, officials said. Next year, the agency is launching a test program in which paramedics will use iPads to create electronic reports, Chief Deputy Mike Metro said.


The state data project, known as CEMSIS, short for California Emergency Medical Services Information System, has also struggled for funding. It began as a $240,000-a-year demonstration project using federal grants and philanthropic donations. But no permanent funding has been secured.


Where possible, officials are attempting to use the partial records they have compiled for research. But thus far, they haven't been able to answer fundamental questions, including how different agencies' 911 response times compare, McGinnis said.


Ideally, McGinnis said, regulators could use the database to compare "the entire spectrum" of emergency medical care in California. "I want everybody to participate and see what we're doing statewide," he said.


Detailed data could improve understanding of what works best in the field. For example, researchers could examine how often rescuers are able to restore heartbeats after arriving on the scene, a key step in increasing cardiac-arrest survival rates, said Dr. Marc Eckstein, the medical director for the Los Angeles Fire Department.


"You have to really drill down to make sure we are talking about the right things," he said.


Slipping response times at the LAFD were only documented when outside experts, the city controller and The Times dug into the department's data. A series of Times reports found breakdowns and delays in processing 911 calls, dispatching units and summoning the nearest medical rescuers from neighboring jurisdictions.


Los Angeles Fire Commissioner Alan Skobin, who is overseeing a task force charged with overhauling the LAFD's data management, said programs such as California's fledgling 911 records system could help his agency compare its performance to other departments and improve service.


"There's a benefit to looking outside," Skobin said. "That's something the LAFD has to do."


Full coverage: Life on the line, 911 breakdowns at LAFD


Map: How fast is LAFD where you live?


Download: Open-source maps of California's emergency medical agencies


ben.welsh@latimes.com


robert.lopez@latimes.com





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Brain Benefits for the Holidays? Stuff the Stocking with Video Games









Title Post: Brain Benefits for the Holidays? Stuff the Stocking with Video Games
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Ashton Kutcher files for divorce from Demi Moore


LOS ANGELES (AP) — Ashton Kutcher filed court papers Friday to end his seven-year marriage to actress Demi Moore.


The actor's divorce petition cites irreconcilable differences and does not list a date that the couple separated. Moore announced last year that she was ending her marriage to the actor 15 years her junior, but she never filed a petition.


Kutcher's filing does not indicate that the couple has a prenuptial agreement. The filing states Kutcher signed the document Friday, hours before it was filed in Los Angeles Superior Court.


Kutcher and Moore married in September 2005 and until recently kept their relationship very public, communicating with each other and fans on the social networking site Twitter. After their breakup, Moore changed her name on the site from (at)mrskutcher to (at)justdemi.


Kutcher currently stars on CBS' "Two and a Half Men."


Messages sent to Kutcher's and Moore's publicists were not immediately returned Friday.


Moore, 50, and Kutcher, 34, created the DNA Foundation, also known as the Demi and Ashton Foundation, in 2010 to combat the organized sexual exploitation of girls around the globe. They later lent their support to the United Nations' efforts to fight human trafficking, a scourge the international organization estimates affects about 2.5 million people worldwide.


Moore was previously married to actor Bruce Willis for 13 years. They had three daughters together — Rumer, Scout and Tallulah Belle — before divorcing in 2000. Willis later married model-actress Emma Heming in an intimate 2009 ceremony at his home in Parrot Cay in the Turks and Caicos Islands that attended by their children, as well as Moore and Kutcher.


Kutcher has been dating former "That '70s Show" co-star Mila Kunis.


The divorce filing was first reported Friday by People magazine.


___


Anthony McCartney can be reached at http://twitter.com/mccartneyAP.


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Your Money: Walking the Tightrope on Mental Health Coverage





Insurance covers more mental health care than many people may realize, and more people will soon have the kind of health insurance that does so. But coverage goes only so far when there aren’t enough practitioners who accept it — or there aren’t any nearby, or they aren’t taking any new patients.




In the days after the Newtown, Conn., school shooting, parents and politicians took to the airwaves to make broad-based proclamations about the sorry state of mental health care in America. But a closer look reveals a more nuanced view, with a great deal of recent legislative progress as well as plenty of infuriating coverage gaps.


The stakes in any census of mental health insurance coverage are high given how many people are suffering. Twenty-six percent of adults experience a diagnosable mental disorder in any given year, and 6 percent of all adults experience a seriously debilitating mental illness, according to the National Institute of Mental Health. Twenty-one percent of teenagers experience a severe emotional disturbance between the ages of 13 and 18.


According to this year’s Society for Human Resource Management survey of 550 employers of all sizes, including nonprofits and government entities, 85 percent offer at least some mental health insurance coverage. A 2009 Mercer survey found that 84 percent of employers with more than 500 employees covered both in-network and out-of-network mental health and substance abuse treatments.


For now, some people who have no health insurance or who buy it on their own may avoid purchasing mental health coverage too, or may avoid seeking treatment for things like addiction or depression. This happens for many of the same reasons that there has historically been less mental health coverage than there has been for other illnesses. The earliest objections among insurance providers and employers had to do with whether mental disorders existed at all, according to Howard Goldman, a professor of psychiatry at the University of Maryland school of medicine. Then there were questions about whether treatment actually worked. Next, concerns arose over cost and how often people would avail themselves of costly mental health treatments.


But a subset of adults who have good insurance coverage still avoid treatment for mental illness to this day, according to Edward A. Kaplan, senior vice president and national practice leader for the Segal Company, a benefits consultant that works with many unions. “Culturally, a lot of people driving trucks don’t believe in it and suffer through,” he said. “And a lot of transport unions don’t trust employers and think they will look at it and use it to retaliate against the workers.”


For many of the people who do have mental health coverage, there is now a bit more of it at a lower cost than there might have been five years ago, even if mental health insurance over all remains much less generous than it was many years ago when employees did not pay as much out of pocket. That’s because a 2008 federal law requires employers with more than 50 employees that do offer mental health coverage to have no more restrictions than there are for physical injuries or surgery, and no higher costs.


This so-called parity bill now applies to a crucial provision of President Obama’s Affordable Care Act. Insurance plans in the exchanges that will offer health coverage to millions of uninsured individuals starting in 2014 must cover many items and services, including mental health disorders and substance abuse.


The combination of parity and expanded care is crucial, according to Anthony Wright, the executive director of Health Access, a consumer advocacy organization in California. After all, parity doesn’t do much good if the mental health coverage need only be equivalent to a meager health insurance plan that covers very little.


Then again, what good is parity in mental health insurance if you can’t get the treatment you need? Plenty of psychiatrists in private practice accept no insurance at all, though it is not clear how many; their professional organizations claim to have no recent or decent data on the percentage of people in private practice who take cash on the barrelhead, write people a receipt and send them off to their insurance company to request out-of-network reimbursement if they have any at all.


According to a 2008 American Psychological Association survey, 85 percent of the 2,200 respondents who said they worked at least part time in private practice received at least some third-party payments for their services. That doesn’t mean they take your insurance, though.


Nor does it guarantee that they or other mental health practitioners are anywhere near you or have any imminent openings for appointments. This can be a challenge for people who live far from major cities or big medical centers and need treatment for mental illnesses like severe depression or schizophrenia or disorders like autism.


But it is a particular problem for parents of autistic children who need specialized treatment that is relatively new or that not many people are trained to do. Amanda Griffiths, who lives in Carlisle, Pa., and is the mother of two autistic boys, called 17 providers within two hours of her home before finding one who was qualified to evaluate her younger son and was accepting new patients his age.


“No amount of insurance is going to magically make a provider appear,” she said.


And it remains a struggle to persuade insurance companies and employers to cover treatment that is new or expensive, even if it’s likely to be effective. Ira Burnim, legal director of the Bazelon Center for Mental Health Law, points to something called assertive community treatment, a team-based approach that has proved useful for adults with severe mental illness and holds promise for children, too. There, the challenge is to define what kinds of interaction with a patient outside of an office setting is billable and write rules for coverage.


Autistic children can benefit from an intensive treatment called applied behavior analysis, but many insurance companies haven’t wanted to cover what can be a $60,000 or $70,000 annual cost. They claim that the treatment, which can include intensive one-on-one interaction and assistance with both basic and more complex skills, is either too experimental or an educational service that schools should provide. This can be a tricky area for parents to navigate, because it isn’t always clear which part of an overall health insurance policy ought to cover various possible treatments.


A law school professor named Lorri Unumb faced a bill that big several years ago when her son Ryan was found to be autistic and she discovered that her insurance would not pay for treatment. After moving to South Carolina and meeting families there who had not been able to afford the therapy, she spent two years persuading state legislators to pass a law that forced insurance companies to pay for the treatment. “I did not really know how to write a bill,” she said. “I had watched ‘Schoolhouse Rock’ before, and that was kind of my inspiration and guidance.”


Autism Speaks, a national advocacy organization, saw what she accomplished and hired her to barnstorm the country in an effort to get similar laws passed. There are now 32 states that have them, though there’s a crucial catch: they don’t apply to the many large employers who pool their own resources in so-called self-funded insurance plans.


If you work in such a company, it may be up to you to lobby your human resources department to cover applied behavioral analysis or whatever mental health therapy you or your child may need. Sometimes a personal appeal will succeed; Mr. Kaplan, the benefits consultant, noted that when a parent called about a child, an employer might be particularly sensitive.


But a part of Ms. Unumb’s job these days is to assist parents with appeals where employers have said no or appear likely to. She has accompanied parents to meetings with their human resources departments all over the country to request that the employer expand coverage for everyone. She has a 115-page presentation that she draws on, pointing out that at its core, autism is a medical condition diagnosed by a doctor, the very thing health insurance is supposed to cover.


At $60,000 or more annually for children with particularly acute treatment needs, the coverage does not come cheaply. But Autism Speaks estimates that that expense, spread over thousands of employees, raises premium costs 31 cents a month.


Ms. Unumb notes that for many autistic children, intensive early intervention can allow them to function in mainstream classrooms and prevent a host of problems there and once they finish school. “You pay for it now or you pay for it later,” she said. “And you pay for it a lot more if you choose later, in more ways than just financial.”


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Jobless rate falls below 10% in California









California's unemployment fell below 10% in November for the first time in almost four years, thanks in part to a holiday hiring surge by retailers.


The jobless rate fell to 9.8% from 10.1% in October, according to data in an overall jobs report released Friday by the state Employment Development Department.


The drop in the unemployment rate, based on a survey of households, came even as a separate payroll survey found that employers shed a net 3,800 jobs in California, according to the report.





"The state showed a very significant and encouraging drop in the unemployment rate. A fall below 10% is welcome news," said Lynn Reaser, chief economist at the Fermanian Business & Economic Institute at Point Loma Nazarene University.


For months, economic forecasts have said the unemployment rate would stay above 10% well into next year.


The state's labor force — those who are employed or looking for jobs — grew by 34,100 people in November. That typically indicates that job seekers feel encouraged to resume looking for work.


A growing number of people working as independent contractors and in sole proprietorships, a figure not caught in the payroll survey, helped to explain the seeming incongruity of a growing labor force, falling employment rate and net loss of jobs.


"The good news in California was that we saw more people looking for work and more people getting jobs," Reaser said. "But the bad news was that the nonfarm payroll survey, which is usually the more reliable source, showed a small drop in employment ... and comes as quite a disappointment."


The biggest drop in jobs — 11,000 — came in the educational and health services sector. The manufacturing sector lost 8,900 positions. The biggest gains came in retail, which added 15,900 jobs.


Some economists were skeptical of November's report, particularly losses reported in the healthcare and professional and business services sectors.


"Over the last year, [these sectors] have been very strong," said Christopher Thornberg, founding principal at Beacon Economics, a Los Angeles consulting firm. "Why should it turn on a dime?"


Thornberg pointed out that healthcare has been resilient, expanding even through the economic recession.


He said he expects that November's job report will be revised early next year and that the loss in payroll jobs probably will be reversed.


The report "is not as good as what the household survey says, but it's not as bad as the payroll survey," Thornberg said. "None of this should be a surprise to us. California's economy has clearly been gaining strength."


In recent months, retailers beefed up payrolls on expectations of an unusually strong holiday shopping season. The National Retail Federation predicted holiday retail sales of $586.1 billion this year, up 4.1% from last year — and the highest level in decades, according to retail experts.


The trade, transportation and utilities sector, which includes retail, notched the largest increase from October, adding 12,900 jobs. Leisure and hospitality added 3,300 jobs. Construction, aided by a housing recovery, gained 1,700 jobs last month.


Esmael Adibi, director of the A. Gary Anderson Center for Economic Research at Chapman University, called the report a "mixed bag."


"Overall, yes, unemployment went down," Adibi said. "Some people will see that as good news, but the question will be: Is this downtick going to be sustainable?"


Adibi said an increase of 78,000 in the civilian employment figures shows more Californians becoming self-employed, a sign that companies have been reluctant to hire. Household surveys take those people into account; payroll surveys don't.


"Firms are laying people off," Adibi said. "So in October and November, we've seen a surge of self-employment."





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GOP lawmakers challenge plan to correct diplomatic security flaws









WASHINGTON — Congressional Republicans on Thursday challenged the Obama administration's plan for correcting flaws exposed by the deadly attacks on the U.S. mission in Libya, pressing for an overhaul of its approach to security and probing to discover what Secretary of State Hillary Rodham Clinton and other top officials knew before the attacks.


Three days after an independent investigative panel delivered a stinging report on the department's failures in Benghazi, Libya, GOP lawmakers in open hearings demanded to know why State Department officials had not done more to protect the mission when they were clearly aware that militant attacks on Western targets had been increasing all year.


Republican lawmakers didn't appear to open any unexplored areas for investigation, however. And with a number of GOP lawmakers not showing up for the hearings, it appeared that an issue that has been a major focus of conservatives' efforts since fall may be losing steam.





The Benghazi attacks Sept. 11 killed U.S. Ambassador J. Christopher Stevens and three other Americans and set in motion a broad reexamination of how the State Department protects its 275 posts around the world.


Sen. Bob Corker (R-Tenn.) asked Clinton's deputies, William J. Burns and Thomas R. Nides, why the secretary hadn't sought to shift money to better protect the Benghazi mission, given the stream of violent incidents in the city and warnings from lower-level U.S. officials.


"Why did [Clinton] never ask for … any change of resources to make sure Benghazi was secure? Why did that not happen?" Corker asked at a hearing of the Senate Foreign Relations Committee. "I cannot imagine that we had people out there with the lack of security.... What I saw in the report is a department that has sclerosis."


Administration officials have accepted the conclusion of the investigative panel that security arrangements were deeply flawed, and they have sought to show they are taking the initiative on the issue, which has the potential to affect Clinton's legacy as she prepares to leave office.


State Department officials have embraced all 29 reform proposals recommended by the Accountability Review Board and have removed from their jobs — but not the department — four officials with some responsibility for diplomatic security in Libya. They are asking Congress for more money and reallocating funds to pay for additional Marine guards, civilian security personnel and physical security improvements.


Burns acknowledged that "we did not do a good enough job … in trying to connect the dots" amid signs of mounting danger.


Sen. Marco Rubio (R-Fla.) said the board's report "places a lot of the blame on lower-level officials" and asked how aware Clinton and top aides were of the concerns about the militant threat in Libya.


Burns said there were memos circulating among Clinton and top aides discussing the "deteriorating security situation in Libya." But he said he was not aware of any paper flow to the top level that discussed lower-level officials' requests for greater security funding in Benghazi.


The Republicans rejected arguments by administration officials and their Democratic supporters that part of the problem was the tight budget for diplomatic security, which House Republicans reduced last year. They called instead for a shift of money from lower-priority items.


At an afternoon hearing, the chair of the House Foreign Affairs Committee, Rep. Ileana Ros-Lehtinen (R-Fla.), said the problem was "misplaced priorities." She said the department was "lavishing" money on projects such as a "culinary diplomacy partnership" that sends American chefs around the world, and efforts to slow climate change.


The hearings probably would have drawn more lawmakers if Clinton had testified, as originally planned. But Clinton asked Saturday to be excused because she suffered a concussion in a fall last week. She plans to testify in mid-January, Ros-Lehtinen said.


The State Department said Wednesday night that three officials who had been criticized by the investigative board were giving up their jobs and that Eric Boswell, head of the Diplomatic Security bureau, agreed to resign. The three others were "relieved of their current duties" and have been "placed on administrative leave pending further action," a department statement said.


The statement didn't identify the three, but other officials said they include Charlene Lamb, a deputy assistant secretary in the Diplomatic Security bureau, and Raymond Maxwell, a deputy assistant secretary in the Near Eastern Affairs bureau.


paul.richter@latimes.com





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RIM loses BlackBerry subscribers for first time






TORONTO (AP) — Research In Motion‘s stock plunged in after-hours trading Thursday after the BlackBerry maker said it plans to change the way it charges fees.


RIM also announced that it lost subscribers for the first time in the latest quarter, as the global number of BlackBerry users dipped to 79 million.






In a rare positive sign, the Canadian company added to its cash position during the quarter as it prepared to launch new smartphones on Jan. 30. The new devices are deemed critical to the company’s survival.


RIM’s stock initially jumped more than 8 percent in after-hours trading on that news, but then fell $ 1.48, or 10.4 percent, to $ 12.65 after RIM said on a conference call that it won’t generate as much revenue from telecommunications carriers once it releases the new BlackBerry 10 platform.


RIM is changing the way it charges service fees, putting an important source of revenue at risk. RIM CEO Thorsten Heins said only subscribers who want enhanced security will pay fees under the new system.


“Other subscribers who do not utilize such services are expected to generate less or no service revenue,” Heins said. “The mix in level of service fees revenue will change going forward and will be under pressure over the next year during this transition.”


RIM’s stock had been on a three-month rally that has seen the stock more than double from its lowest level since 2003.


But Mike Walkley, an analyst with Canaccord Genuity, said BlackBerry 10 will change RIM’s services revenue model dramatically. He said that instead of getting about $ 6 per device each month from carriers and users RIM could get as little as zero.


“That’s what turned the stock from being up 10 percent to being down 10 percent,” Walkley said. “That’s been part of our worry. How do they come back with a new platform and get carriers to continue to share the higher revenue —which sounds like they are not going to— and then subsidize the phone to make it affordable for consumers and enterprises.”


“People are seeing that the services revenue has a lot of risk to it now with the BlackBerry 10 migration.”


Three months ago, RIM had 80 million subscribers. Analysts said the loss of 1 million subscribers was expected. Once coveted symbols of an always-connected lifestyle, BlackBerry phones have lost their luster to Apple’s iPhone and phones that run on Google’s Android software.


RIM is banking its future on its much-delayed BlackBerry 10 platform, which is meant to offer the multimedia, Internet browsing and apps experience that customers now demand.


“We believe the company has stabilized and will turn the corner in the next year,” Heins said. He noted that the company’s cash holdings grew by $ 600 million in the quarter to $ 2.9 billion, even after the funding of all its restructuring costs. RIM previously announced 5,000 layoffs this year.


Heins said subscribers in North America showed the largest decline, but said there is growth overseas.


Colin Gillis, an analyst with BGC Financial, said before the conference call that the company bought itself more time.


“It doesn’t mean (BlackBerry) 10 will gain traction. A lot of people said 10 would be DOA, but I don’t think that’s going to be the case,” he said.


Jefferies analyst Peter Misek also earlier called the results better than expected, noting that RIM added a significant amount of cash. RIM will need the money to advertise the new BlackBerrys and operating system.


Misek also called it a positive development that RIM said there would not be another delay to BlackBerry 10.


“The success or failure of this company will be on BlackBerry 10,” Misek said.


RIM posted net income of $ 14 million, or 3 cents per share for its fiscal third quarter, which ended Dec. 1. That compares with a profit of $ 265 million, or 51 cents per share, in the same quarter a year ago.


The latest figure includes a favorable tax settlement. Excluding that adjustment, RIM lost 22 cents per share. Analysts polled by FactSet were expecting a wider loss of 27 cents.


RIM reported revenue of $ 2.7 billion, down 47 percent from a year ago.


Wireless News Headlines – Yahoo! News





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Twitter post offers clue to The Civil Wars' future


NASHVILLE, Tenn. (AP) — While there still remain questions about the future of The Civil Wars, there's new music on the way.


Joy Williams, one half of the Grammy Award-winning duo with John Paul White, said Thursday during a Twitter chat that she was in the studio listening to new Civil Wars songs.


It's a tantalizing clue to the future of the group, which appeared in doubt when a European tour unraveled last month due to "irreconcilable differences."


At the time, the duo said it hoped to release an album in 2013. It's not clear if Williams was referring Thursday to music for a new album or for a documentary score they have composed with T Bone Burnett. They're also set to release an "Unplugged" session on iTunes on Jan. 15.


Nate Yetton, the group's manager and Williams' husband, had no comment — though he has supplied a few hints of his own by posting pictures of recording sessions on his Instagram account recently. The duo announced last summer it would be working with Charlie Peacock, who produced its gold-selling debut "Barton Hollow." The photos do not show Williams or White, but one includes violin player Odessa Rose.


Rose says in an Instagram post: "Playing on the new Civil Wars record... Beautiful sounds."


Even with its future in doubt, the duo continues to gather accolades. Williams and White are up for a Golden Globe on Jan. 13, and two Grammy Awards on Feb. 10, for their "The Hunger Games" soundtrack collaboration "Safe & Sound" with Taylor Swift.


Williams' comments came during an installment of an artist interview series with Alison Sudol of A Fine Frenzy sponsored by The Recording Academy.


___


Online:


http://thecivilwars.com


___


Follow AP Music Writer Chris Talbott: http://twitter.com/Chris_Talbott.


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Bernard Madoff's brother is sentenced to 10 years in prison









NEW YORK — The brother of imprisoned financier Bernard Madoff was sentenced to 10 years in prison for crimes committed in the shadow of his notorious sibling by a judge who said she disbelieved his claims that he did not know about the epic fraud.


Peter Madoff, 67, agreed to serve the maximum sentence allowable to the charges of conspiracy and falsifying the books and records of an investment advisor that he pleaded guilty to in June.


U.S. District Judge Laura Taylor Swain urged him to tell the truth even after he reports to prison Feb. 6 about what he knows about the multi-decade fraud that cost thousands of investors their original $20 billion investment.





The judge said Peter Madoff was "frankly not believable" when he said at his plea that he learned about the fraud only when his brother revealed it to him just before he surrendered to authorities.


Peter Madoff spoke only briefly Thursday before he was sentenced, saying: "I am deeply ashamed of my conduct and have tried to atone by pleading guilty and have agreed to forfeit all of my present and future assets."


He added: "I am profoundly sorry that my failures let many people down, including my loved ones."


Two investors spoke during the proceeding, which ended in less than an hour.


Investor Michael T. De Vita, 62, also demanded that the truth be forced out.


"I believe it to be physically impossible for a single person to carry out such a gargantuan task all by himself," he said.


De Vita said investors "have waited four years for others to accept responsibility for this massive crime. We are still waiting for that today."


"All of this was preventable if only one person was willing to do the right thing and stop this in its tracks years ago. Peter Madoff could have been that person," he said.


The sentencing comes four years and a week after Bernard Madoff first revealed the fraud, which occurred over several decades as the former Nasdaq chairman built a reputation for delivering unparalleled investment results, even in bad times. The revelation came only days after the business sent out statements that made investors think their investments had grown to a total of more than $65 billion.


Peter Madoff said at his plea that he had no idea his brother was running a massive Ponzi scheme, paying off longtime investors at times with money from newer investors.


"My family was torn apart as a result of my brother's atrocious conduct," he said. "I was reviled by strangers as well as friends who assumed that I knew about the Ponzi scheme."


But he conceded that he followed his brother's instructions and helped him decide which favored friends, clients and family members would receive the $300 million that remained in the company's accounts. The checks were never sent.


Peter Madoff, who joined his brother's firm after graduating from Fordham Law School in 1970, has been free on $5-million bail after he agreed to surrender all his assets.


Before the sentencing, his lawyer, John Wing, said in a memorandum that Peter Madoff will "almost certainly live out his remaining days as a jobless pariah, in or out of prison." He called him a victim of his loyalty to his brother, saying he had been mistreated by the sibling who was eight years older and was viewed as "the prince" by his mother.


As part of a forfeiture agreement, Madoff's wife, Marion, and daughter Shana must forfeit nearly all of their assets. The government said those assets and assets that will be forfeited by other family members include several homes, a Ferrari and more than $10 million in cash and securities. It said his wife will be left with $771,733. Besides the Madoff brothers, no other family members have been arrested.





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Robert H. Bork, pivotal figure in Supreme Court history, dies at 85









Robert H. Bork, the conservative legal champion whose bitter defeat for a Supreme Court seat in 1987 politicized the confirmation process and changed the court's direction for decades, died Wednesday. He was 85.


The former Yale law professor and judge on the U.S. Court of Appeals for the District of Columbia Circuit died at Virginia Hospital Center in Arlington, Va., from complications of heart disease, said his son Robert H. Bork Jr.


A revered figure on the right, Bork inspired a generation of conservatives with his critiques of the liberal-dominated high court in the 1960s and '70s. In speeches, law reviews and op-ed articles, Bork argued that the liberal justices were abusing their power and remaking American life by ending prayers in public schools, extending new rights to criminals, ordering cross-town busing for desegregation and striking down laws on birth control, abortion and the death penalty. Bork said the Constitution, as originally written, left these matters to the wishes of the majority.





Bork was more than a legal theorist. He was also a highly regarded constitutional lawyer. When he served as U.S. solicitor general under Presidents Nixon and Ford, the Supreme Court justices praised Bork as one of the finest advocates they had ever seen.


As solicitor general, he served as a footnote to the Watergate scandal that brought down Nixon. In what became known as "the Saturday Night Massacre," the embattled chief executive ordered the firing of special prosecutor Archibald Cox because he had demanded Nixon's secret White House tapes. The attorney general and then the deputy attorney general resigned rather than carry out the order. Bork, who was then in the No. 3 post as solicitor general, carried out the order and fired Cox.


When Ronald Reagan was elected president in 1980, Bork's name rose to the top of the list of potential court nominees. Reagan aspired to transform the Supreme Court, and Bork, then teaching law at Yale, was offered a seat on the Court of Appeals in Washington. It was seen as a stepping stone to the high court.


But it turned into a long wait for Bork.


Reagan chose Sandra Day O'Connor in 1981, fulfilling a campaign promise to appoint the first woman to the Supreme Court. A fateful moment came in 1986 when a second seat became vacant. Reagan and his advisors passed over Bork for his younger colleague, then-Judge Antonin Scalia, who won a unanimous confirmation in a Senate still under Republican control.


Bork's time finally came in the summer of 1987 when Justice Lewis Powell, the swing vote on the closely divided court, announced his retirement. By then, however, the Democrats had taken control of the Senate, and Reagan had been weakened by the Iran-Contra scandal.


On July 1, 1987, Reagan introduced the burly, bearded Judge Bork as his nominee, but within an hour the president's words were drowned out by a fierce attack from Capitol Hill led by Sen. Edward M. Kennedy (D-Mass.).


"Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, [and] rogue police could break down citizens' doors in midnight raids," Kennedy said. No one could remember such a harsh assault on a president's court nominee, and it set the tone for a campaign-style attack that lasted into the fall.


Bork gave the Democrats plenty of ammunition, however.


As a Yale professor in 1963, he had condemned the pending civil rights bill that would have given blacks an equal right to be served in hotels, restaurants and other public places across the nation. He called this a threat to individual freedom, and he advised Arizona Sen. Barry Goldwater, the Republican presidential nominee, to cast a "no" vote against what became the Civil Rights Act of 1964. Bork wrote critically of the Voting Rights Act and various school desegregation measures. He also denounced the court's "right to privacy" rulings that led to the Roe vs. Wade decision guaranteeing a woman's right to have an abortion.


When Bork made his case before the Senate Judiciary Committee, he faced a hostile majority of Democrats, including its new chairman, Sen. Joseph Biden of Delaware. Because of his long "paper trail," Bork had no choice but to try to explain his views. He did so, at length, but he did not win over many converts. And viewers watching on television told pollsters they saw the stiff, scowling judge as an intimidating figure. Bork helped his opponents paint a portrait of him as a nominee who was more attuned to legal theory than to doing justice. When asked why he wanted to serve on the nation's highest court, Bork told one senator the job would be "an intellectual feast."


When the hearings ended, the Reagan White House knew Bork could not be confirmed. But the judge refused to withdraw, and the Senate rejected his nomination on a 58-42 vote.


Conservatives were furious, insisting that partisan attacks had maligned the reputation of one of the most accomplished jurists to come before the Senate. The phrase "to bork" became shorthand for inflicting a harsh, unfair public attack. Liberals and Democrats countered that Bork went down to defeat because most Americans did not share his views.


But no one disputed that the Bork battle changed how presidents choose nominees and how the Senate debates them. In the wake of Bork's defeat, presidential legal advisors looked for judicial nominees who had said or written little on the major legal controversies. In 1990, for example, President George H.W. Bush chose a little-known New Hampshire judge for the Supreme Court because his views were unknown. Justice David H. Souter easily won confirmation, but then surprised his Republican backers when he became a reliable liberal on the court.


Court nominees after Bork refused to follow his tack of seeking to explain his views in answer to questions from senators, instead choosing to duck them. Bork's defeat also had a profound and lasting impact on the Supreme Court itself. Had Bork won confirmation, the court's conservative bloc, led by Chief Justice William H. Rehnquist, would have had a majority to overturn Roe vs. Wade as well as the strict ban on school-sponsored prayers and invocations. Instead, Justice Anthony M. Kennedy, the Reagan nominee who eventually filled Powell's seat, cast a deciding vote in 1992 to preserve the right to abortion and the ban on school prayers. Kennedy has also been a strong foe of laws that discriminate against gays and lesbians, and he is seen as holding the decisive vote in the upcoming cases involving same-sex marriage.


Bork's influence on conservative legal thought was also lasting. In the 1970s, he was among the first to argue for interpreting the Constitution based on its "original intent," an idea that was later championed by Scalia and Justice Clarence Thomas.


As a scholar of antitrust law, Bork helped fundamentally change the thinking behind the law. He criticized those who targeted "big" businesses as monopolies and said antitrust law should focus instead on the welfare of consumers. At Yale, students joked that Bork taught "pro-trust," not antitrust. But his views are now widely accepted.


Bork stepped down from the bench a year after his Senate defeat, and he wrote several books renewing his criticism of liberalism. In the last year, he served as a chairman of Republican presidential nominee Mitt Romney's advisory committee on the judiciary and the courts.


Scalia praised Bork as "one of the most influential legal scholars of the past 50 years. His impact on legal thinking in the fields of antitrust and constitutional law was profound and lasting. More important for the final accounting, he was a good man and a loyal citizen."


Bork was born in Pittsburgh on March 1, 1927, and served in the Marines. He graduated from the University of Chicago and its law school and worked as a lawyer in New York and Chicago before joining the Yale faculty in 1962.


His first wife, Claire Davidson, died in 1980. He married Mary Ellen Bork, a former nun, in 1982. She survives him, along with three children from his first marriage, sons Robert and Charles Bork and daughter Ellen Bork, and two grandchildren.


david.savage@latimes.com





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Apple is dominating the small and medium business market in Q4









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Claire Danes and Hugh Dancy welcome a baby boy


NEW YORK (AP) — Claire Danes and Hugh Dancy's "Homeland" just got bigger.


Danes' rep confirms the couple welcomed a baby boy named Cyrus Michael Christopher.


People.com first reported Monday's birth.


It's the first child for 33-year old Danes and 37-year-old Dancy. They were married in 2009.


There's no word yet whether the new mom will attend the Golden Globe Awards on Jan. 13. She's nominated for Best Performance by an Actress in a Television Series for her work on Showtime's "Homeland."


Up next, Dancy stars in NBC's "Hannibal," an adaptation of Thomas Harris' novel "Red Dragon."


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Amgen Workers Helped U.S. in Aranesp Marketing Inquiry





“I hope no one is taping this,” the Amgen manager remarked at a company sales meeting in 2005.




The manager then boasted of how she had given a $10,000 unrestricted grant to a pet project of a doctor who was an adviser to the local Medicare contractor. In turn, she said, the doctor would help persuade the contractor to provide reimbursement for an unapproved use of Amgen’s anemia drug, Aranesp.


Someone, it turned out, was taping it. Jill Osiecki, a longtime sales representative at Amgen, was wearing a recording device under her clothes, transmitting the proceedings to agents of the Department of Health and Human Services.


The result of Ms. Osiecki’s undercover work, and information provided by other whistle-blowers, led to Amgen’s agreement this week to pay $762 million to settle federal investigations regarding the marketing of some of its top-selling drugs.


Judge Sterling Johnson Jr. of Federal District Court in Brooklyn accepted the settlement on Wednesday, clearing the way for 10 whistle-blower lawsuits to be unsealed.


Amgen, the world’s largest biotechnology company, will pay $150 million in criminal penalties after pleading guilty to one misdemeanor count of marketing Aranesp for unapproved uses and in unapproved doses.


The rest of the money — $612 million — will go to settle civil false claims lawsuits filed by the federal government, states and whistle-blowers. These contain accusations that go well beyond the off-label marketing of Aranesp.


They include off-label marketing of other drugs like Enbrel for psoriasis and Neulasta, which increases the levels of white blood cells. Amgen is also accused of offering kickbacks to doctors and clinics to induce them to use its drugs. These reportedly came as cash, rebates, free samples, educational and research grants, dinners and travel, and other inducements. The government also accused the company of knowingly misreporting the prices of some of its drugs.


Except for those in the criminal count, Amgen denied the other accusations, though it did issue a statement on Wednesday acknowledging the settlement.


“The government raised important concerns in the criminal prosecution,” Cynthia M. Patton, chief compliance officer at Amgen, said in the statement. “Amgen acknowledges that mistakes were made, and we did not live up to our standards.”


Ms. Osiecki, 52, was one of the main whistle-blowers and will be entitled to a share of the settlement. The amount each whistle-blower will receive has not been determined or is being kept confidential, their lawyers said.


Ms. Osiecki worked as a sales representative for Merck for nine years before joining Amgen in 1990, soon after the biotechnology company won regulatory approval for its first product. The company, based outside Los Angeles, had “good science, good products, strong ethics,” Ms. Osiecki said in an interview.


But, she said, the corporate culture changed starting around 2000. That was when new management came in and Aranesp was approved, setting up a fierce marketing battle with Johnson & Johnson and its rival anemia drug, Procrit.


“It was more important to make your numbers than to follow the rules,” said Ms. Osiecki, who was based in Milwaukee and sold Aranesp.


In August 2004, with her concerns mounting, Ms. Osiecki called the Office of Inspector General of the Department of Health and Human Services and left a message. Within days, she was called back, and she went to see an agent, who persuaded her to secretly record meetings. She did that 13 times over about 15 months, mainly sales meetings.


Aranesp is used mainly in a hospital, clinic or physician’s office. It is bought by the medical practice, which can make a profit if the patient and insurers pay more for the use of the drug than the practice paid.


Ms. Osiecki said Amgen “marketed the spread,” trying to make it more profitable for doctors to use Aranesp rather than Procrit.


Such financial inducements could also spur greater overall use of a drug and can violate anti-kickback laws, said Ms. Osiecki’s lawyer, Brian P. Kenney of Kenney & McCafferty in Blue Bell, Pa.


Ms. Osiecki said the first sales meeting at which she wore the recording device, wrapped around her midriff under baggy clothes, was in October 2004 in a Milwaukee hotel. She could look down from the meeting room and see the car parked across the street containing the agent with the receiving device. She said she was not particularly nervous.


The speaker was a pharmacist from an oncology practice going through the numbers on how his practice could make a million dollars more a year using Aranesp rather than Procrit.


Ms. Osiecki said Amgen was careful to cover up such marketing. Spreadsheets showing doctors how much more money they could make using Aranesp were “homemade bread,” meaning they were created by each sales representative, not by the company. And representatives were told not to leave the presentations behind after showing them to doctors.


Her 107-page complaint, filed in late 2004, contains many other accusations.


Other whistle-blowers made other accusations. Kassie Westmoreland, a former sales representative, said Amgen overfilled vials of Aranesp, essentially providing free drugs to doctors. They could then bill Medicare or private insurers for the use of that drug, making an extra profit.


“Amgen was offering a kickback in the form of extra product subsidized by the taxpayers,” said Robert M. Thomas Jr., one of Ms. Westmoreland’s lawyers.


Elena Ferrante and Marc Engelman, both former sales representatives, contended that Amgen promoted Enbrel’s off-label use for mild psoriasis when the drug was approved only for moderate or severe cases of the disease.


Lydia Cotz, one of their lawyers, said the two refused to go along with the off-label marketing. They are now pursuing wrongful termination claims against Amgen in arbitration proceedings that Amgen requires be kept confidential, she said.


“It’s been a very long heroic journey for my clients,” she said.


Ms. Osiecki is now also a former Amgen sales representative. She said that she was fired in December 2005 after she let slip that she had retained a company voice mail message that she thought provided evidence of illegal activity. Leaving the pharmaceutical industry, she moved to Amelia Island, Fla. She now works for a small business.


Mosi Secret and Barry Meier contributed reporting.



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FTC unveils broader rules to protect kids' privacy online

Columnist David Lazarus talks with Mark Blafkin, spokesman for the Assn. of Competitive Technology, an organization of app developers, and Alan Simpson of Common Sense Media, an advocacy group for parents.









SAN FRANCISCO — In a major step to protect kids' online privacy, the Federal Trade Commission has unveiled new rules that require mobile apps and websites to obtain parental consent before collecting personal information from children.


The agency's chairman, Jon Leibowitz, said Wednesday that federal regulators were trying to keep pace with the growing use of mobile devices by those under age 13 — and the rapidly evolving tactics and tracking tools of marketers and data brokers that collect detailed dossiers on Americans and their online activities.


The new rules — the first major update to federal laws on children's online privacy in 14 years — require a parent's consent to collect those kinds of personal details that can be used to identify, locate or contact a child and pass that information on to third parties.








The FTC struck a balance between shielding kids from potential harm and ensuring that the marketplace for kids' mobile apps and online services would continue to flourish, Leibowitz said during a Capitol Hill news conference.


Under the broader rules, the FTC said companies must get permission from parents before collecting photographs and videos as well as deploying tracking tools, such as cookies, which use IP addresses and mobile device IDs to follow a child on the Web.


Quiz: What set the Internet on fire in 2012?


The move comes one week after the agency said it was investigating mobile app developers who might have gathered information from kids without their parents' consent. The agency did not name the companies or say how many it was investigating.


"We are at a critical moment in the growth of the children's digital marketplace as social networks, mobile phones and gaming platforms become an increasingly powerful presence in the lives of young people," said Kathryn Montgomery, a children's advocate and a professor of communications at American University. "The new rules should help ensure that companies targeting children throughout the rapidly expanding digital media landscape will be required to engage in fair marketing and data collection practices."


Federal regulators had not significantly updated online privacy rules for kids since 1998 when the Children's Online Privacy Protection Act was enacted. That law required online services geared toward kids to notify parents and get their permission before collecting or sharing basic personal information such as names, email addresses or home addresses from those under 13.


The law did not envision today's Internet in which the rapid adoption of mobile devices loaded with apps can relay a person's location and other personal details highly prized by advertisers and data brokers. The FTC began a review of the law in 2010.


James Steyer, chief executive of Common Sense Media Inc., a nonprofit group in San Francisco that studies kids' use of technology, said the new rules put parents — not corporations — back in charge as gatekeepers for kids.


"All of the companies and developers in the online and mobile space benefit from the share and use of personal information. But they also have a responsibility for providing parents with information and tools so they can make smart choices about what their young children do and share online, and so far, most of these companies have failed to live up to that responsibility," Steyer said.


But software developers — many of whom are parents themselves — said the FTC is giving their industry, which makes products including educational tools and games for kids, a bad rap.


"It's a little alarming that the FTC has chosen to paint all children's apps with the same brush," said Rick Richter, CEO of Ruckus Media Group Inc. "What this is all about is notifying parents about information we are gathering. We have been fastidious as a company about doing that."


Some app developers warned that the cost of complying with the new regulations would force many of them to stop building apps for kids.


Liability for violating the rules does not extend to Google, Apple and other technology giants that operate online stores that sell kids' apps.


The Application Developers Alliance said the kids' software industry is mostly made up of entrepreneurs who can't afford lawyers to help them navigate the complex new rules governing kids' privacy.


"Ultimately it's the kids, parents and teachers who will suffer," said Tim Sparapani, vice president of law policy and government relations at the alliance.


Josh Hartwell, who runs Mobile Deluxe, a mobile game developer and publisher in Santa Monica, has three kids and a fourth on the way. He said he and many other app developers agree that protecting children's privacy is "paramount" and supports weeding out "bad actors." But he worries that the burdensome new rules will stifle innovation.


"Some of the compliance issues are going to make it tougher for people to create apps for kids," Hartwell said.


But Samantha Lurey, CEO of Go Trexx in Mission Viejo, which makes travel apps for kids, applauded the effort to increase privacy protections for children.


"This is something our firm has wanted to see for a while now. We feel that federal regulators are going in the right direction," Lurey said. "Because our apps are designed for kids, we felt it was really important that we were not capturing any sensitive information. I think other developers will find that it's relatively easy to construct apps that are engaging, entertaining and useful without capturing sensitive information."


jessica.guynn@latimes.com





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Two more funerals in Newtown; NRA responds to school massacre









NEWTOWN, Conn. -- Two more of the children killed by a gunman who invaded a Connecticut elementary school were buried on Tuesday as officials released new details of the deadly spree that has reshaped the debate over gun control.

The National Rifle Assn., which has been under pressure to comment on the Newtown shootings, broke its silence and issued a statement saying it was ready to offer its plans at a Friday news conference.


“We were shocked, saddened and heartbroken by the news of the horrific and senseless murders in Newtown,” said the pro-gun rights lobbying group, which has repeatedly fought gun-control legislation on the national, state and local levels. “The NRA is prepared to offer meaningful contributions to help make sure this never happens again.”





PHOTOS: Mourning after the massacre


Both funerals were held at St. Rose of Lima Catholic Church, which has been one of the centers for consoling the bereaved and for memorial services that began Friday evening, hours after Adam Lanza opened fire inside Sandy Hook Elementary School.


Primarily using a Bushmaster AR-15-style rifle, Lanza killed 20 children and six adults in the school before turning a handgun on himself, authorities said. The rampage began Friday morning when Lanza killed his mother, Nancy, in the home they shared.


Dr. H. Wayne Carver, the state’s chief medical examiner, told reporters on Tuesday that Nancy Lanza was shot four times in the head with a .22-caliber rifle. She was most likely asleep when she was killed, Carver said, according to the Hartford Courant.


After shooting his mother, Adam Lanza took her car and several of her guns and went to the school, where he forcibly entered and opened fire. The Bushmaster and two handguns were later recovered from the building and a shotgun was found in the car, officials said.


Sandy Hook Elementary remains closed, most likely for months, as investigators continue their work seeking to understand why Lanza did what he did. The hundreds of students at the school are being relocated to a school in nearby Monroe, Conn.


In the rain and cold Tuesday, other Newtown students returned to their schools where teachers were prepared to help them cope with the massacre. Campuses also had a sizable police presence to reassure parents.


One Newtown school, Head O'Meadow Elementary, was locked down Tuesday due to an unspecified threat. The principal told parents to keep their children home, according to a letter from the principal published by WFSB-TV. Police have said they will deal harshly with hoaxes and threats, including two directed over the weekend at St. Rose.


The first funeral Tuesday morning was for James Mattioli, 6. In what has become an ongoing sight, mourners kept their heads down and walked quickly into the building, and refused to comment. The families have repeatedly asked for privacy for their grief, a position backed by local police.


James' funeral was the first of eight to be held at the church. By noon, flowers for the second service, for Jessica Rekos, also 6, had begun to arrive.


James has been described by family members as a budding “numbers guy.” Jessica was a horse enthusiast who wanted cowgirl boots for Christmas, relatives told reporters.


A wake was scheduled Tuesday night for slain teacher Victoria Soto. Police were to be part of an honor guard for Soto, who died trying to protect her students by getting them into a closet and putting her body between the gunman and her charges.


The shootings have reopened the debate on gun-control laws, specifically whether to renew the expired national ban on assault weapons. President Obama has asked his staff to come up with proposals, though no time frame for action has been given. Even staunch pro-gun rights lawmakers have also called for reopening discussion on some bans.


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Susman reported from Newtown, Conn., and Muskal from Los Angeles.






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