Jerry Brown readjusts his stand on the environment vs. business









SACRAMENTO — When Gov. Jerry Brown spoke to a crowd of beaming environmentalists and renewable energy advocates at the launch of a solar farm last year, he turned heads by praising another form of fuel: oil.


It was a surprising pivot from the man credited with helping to usher in the modern environmental movement as California's governor nearly four decades ago.


Back then, Brown enacted the nation's first energy-efficiency standards, signed strict anti-smog laws and blocked offshore drilling. But in his return engagement as California's chief executive, he has eased key regulations for oil companies, capped wildfire liability for timber companies and relaxed the state's landmark environmental law.





That strain of pragmatism has run throughout Brown's current governorship — and flummoxed many allies — and nowhere is it more apparent than on the issue of the environment.


As the state forges ahead with an ambitious program to combat global warming by penalizing major polluters, Brown has said he also wants to unshackle development and create jobs by overhauling California's signature environmental law. And although he signed legislation requiring the state to get a third of its power from renewable energy sources, he is supporting the oil industry's push for more drilling.


Brown's spokesman, Gil Duran, compared the approach to that of President Obama, who has touted what he calls an "all of the above" energy strategy.


"You have to pursue renewable energy — and California is leading the way — but you also have to have balance and common sense," Duran said.


Business leaders say Brown's moves are those of a chief executive who knows how to spur growth in a sluggish economy. Oil companies, timber firms and other business interests typically friendly to Republicans rewarded the Democratic governor's efforts by donating millions of dollars to his successful fall campaign to raise taxes.


Environmentalists say Brown's actions undercut his own efforts to dramatically reduce greenhouse gas emissions over the next decade and imperil the state's standing as a leader on climate change.


"He likes renewable energy. We think that's great," said Kathryn Phillips, director of Sierra Club California. "But it makes no sense for somebody who cares as much about greenhouse gas reduction as he does to be bending to the will of the oil industry or bending to the will of a private massive clear-cutter."


In 2011, when the oil industry complained that environmental scrutiny had slowed the permitting of drilling projects, the governor fired his top two regulators and appointed replacements who agreed to speed approvals. He said the regulators had needlessly held up routine permits, and the projects represented jobs and revenue.


Brown also pushed hard for legislation to limit the legal liability of timber companies in cases of wildfires caused by their practices.


Echoing the timber industry's concerns, the administration said the bill would prevent prosecutors from seeking "excessive damages" — payouts several times larger than the value of the damaged land. Federal authorities said the measure could make it more difficult to secure money to pay for recovery from destructive blazes.


In a nod to conservationists, the bill Brown ultimately signed also imposed a 1% tax on lumber sales to fund restoration efforts and oversight of the industry.


"He's balancing the practical needs of California with his philosophy on finding alternative sources of energy," said Allan Zaremberg, president of the California Chamber of Commerce. "Whether you agree with him or not, he's trying to find that balance."


Activists and industry both are preparing for key fights this year.


Hoping to boost the state's economy, Brown has signaled his desire to loosen the California Environmental Quality Act — the same law he used as attorney general to pressure cities and counties to comply with the global warming law.


The measure requires developers to go through a lengthy public process detailing their projects' potential environmental effects and how those would be mitigated. Business groups have long complained that activists, labor unions — even corporate competitors — abuse the law by filing frivolous lawsuits to delay and kill development.


In 2011 Brown heard their call and signed bills to help a football stadium proposed for downtown Los Angeles and other major projects avoid drawn-out CEQA litigation. "There are too many damn regulations," he said at a signing ceremony.


Brown, who as Oakland mayor tried to have the city's downtown exempted from CEQA, wants to further limit environmental challenges to projects such as California's high-speed rail system.


"CEQA is the safety net for the air we breathe and the water we drink," said Kassie Siegel, a lawyer for the Center for Biological Diversity. "If CEQA exemptions are a way for people to make a quick buck, we'll all regret them in the end."


Environmental groups and the energy industry are also concerned about the administration's proposed rules for hydraulic fracturing, or "fracking," a controversial drilling process that could help unlock billions of barrels of oil buried deep in California shale.


Although recently drafted regulations would require energy companies to disclose for the first time what chemicals they pump underground to break apart rock and release crude, the proposed rules would also allow firms to claim trade secrets and withhold information they consider proprietary.


Environmentalists and public health advocates have raised safety questions over the hundreds of chemicals that are typically used — many of them known carcinogens. And they fear the trade-secret provision could undermine the presumed intent of the regulations: disclosure.


Oil companies say the technology is safe and argue that such a clause is necessary to protect their competitive advantage.


Speaking to reporters after the November election, Brown said his actions would be guided by a simple question: "Do we have the right rules in place?"


"We are going to calibrate our regulations," he said, "to ensure that they encourage jobs as well as protect other aspects of public interest such as environment, health and good working conditions."


michael.mishak@latimes.com





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The Best of Exploration: Top 8 Stories of Space Exploration in 2012

Our recap of the year’s best exploratory exploits continues today with a look at the biggest developments in space exploration. 2012 saw the stunning debut of new spacecraft (Curiosity), the continued contributions of geriatric ones (Voyager), and the first full year since the end of the Space Shuttle program. Casey Dreier of The Planetary Society nominated 8 particularly meaningful developments from the last twelve months.



Image: Dreier’s pick for image of the year, a Cassini photograph of Saturn’s north pole through an infrared filter. (Credit: NASA / JPL / SSI / Emily Lakdawalla)


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Is Tom Cruise still a go-to action hero? Hollywood, “Jack Reacher” say yes






LOS ANGELES (TheWrap.com) – Given his age and the tough year he’s had in the tabloids, is Tom Cruise still a go-to guy when Hollywood is looking for an action hero?


The answer is yes, based on the performance of his current movie, Paramount‘s “Jack Reacher.” It’s taken in $ 45 million in the 10 days since opening with $ 15.6 million in a very crowded and competitive holiday market. Its second week was a solid $ 14 million, and it’s added $ 22 million from overseas.






Holiday movies tend to have legs and “Reacher” has yet to roll out in the majority of major foreign territories, so both of those numbers, particularly the international, will be growing. All signs point to it surpassing $ 200 million at the worldwide box office. That’s not a blockbuster figure, and Paramount is staying mum on a sequel, but with a $ 60 million budget, “Jack Reacher” will make money for Paramount.


There were questions coming in. With his divorce from Katie Holmes and subsequent custody battle, Cruise is carrying plenty of public relations baggage. His foray earlier this year into musicals with “Rock of Ages” was critically applauded but proved a box-office dud. That’s on top of his well-known support for Scientology.


He’s 50 now, which might be the new 40 in the real world, but is starting to get on in years in the realm of action heroes. Daniel Craig is 44. Jeremy Renner is 41. We are a long way from “Top Gun” – that was 1986 – so it probably won’t be too, too long until “The Expendables” franchise comes calling for Cruise.


But in the meantime, “Reacher” is going to be profitable for Paramount and Cruise’s portrayal of the tough, ex-military drifter has drawn critical kudos, so there’s a bit of momentum now. And it’s clear from his upcoming schedule that Hollywood is still convinced he can carry an action film.


Next for Cruise will be two sci-fi movies: Universal’s “Oblivion” is due in April and “All You Need is Kill” is set for March 2014 from Warner Bros. After that, there’s a potential “Van Helsing” remake at Universal and “Mission: Impossible 5″ is on Paramount‘s 2015 slate.


His recent track record at the box office, particularly when you look at his performance in the action genre, suggests the studios are making a pretty good bet.


“Rock of Ages” may have crumpled, but “Mission: Impossible – Ghost Protocol” was a huge hit for Paramount, taking in nearly $ 700 million worldwide in 2011. “Knight & Day,” from Fox in 2010, and “Valkyrie,” from United Artists in 2008, both made over $ 200 million worldwide.


Supporting roles in “Tropic Thunder” and “Lions for Lambs” preceded those, but those came on the heels of two Paramount movies: “Mission Impossible 3,” which made nearly $ 400 million worldwide in 2006, and “War of the Worlds,” which did $ 592 million in the previous year.


The bottom line: Hollywood is still convinced you can still take Tom Cruise, movie action hero, to the bank.


Movies News Headlines – Yahoo! News





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Letters: Recovery After Trauma



To the Editor:


Re “A New Focus on the ‘Post’ in Post-Traumatic Stress” (Mind, Dec. 25): Social contexts are well-established predictors of adjustment following trauma. Sexual abuse survivors who are believed and supported following an abuse disclosure fare better than those who are not, and returning veterans’ social support predicts P.T.S.D. over and above the extent of military trauma exposure. Interpersonal traumas cause greater psychological scars than do noninterpersonal traumas like accidents or disasters, with the worst outcomes linked to trauma perpetrated by someone to whom the victim was close.


Rachel Goldsmith


New York


The writer is a clinical psychologist.


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On the Road: With Demand Dropping, Airlines Focus on Fees





IN a move being watched by competitors, American Airlines is experimenting with a new pricing option that eliminates the potential penalty fee for changing flights for customers who pay a little extra for a basic coach ticket.




The initiative is arguably counterintuitive because domestic airlines have been piling up money in recent years from all sorts of fees — baggage fees and the change-penalty fees among them — on top of the base fares.


American’s new coach fare options are “another example of how we’re building toward a new, innovative and more modern airline,” said Rob Friedman, the vice president for marketing at the airline, which is about to emerge from bankruptcy court protection and is in talks with US Airways.


Oddly, while American moves to incorporate some stand-alone fees into some base fares, a process known as bundling a fare, Southwest Airlines seems to be going in the other direction. Southwest, which has long bragged about having simple fare structures that don’t include fees for things like changing tickets or checking bags, recently announced plans to increase its dependence on fees, a process known as unbundling.


It all adds up to more complexities on the chalkboard of airline fee and fare formulas.


The changes by American and Southwest suggest that domestic airlines in general are looking more closely at ways to experiment with revenue, especially from business travelers, as a new year begins with indications that demand is dropping.


In November, most airlines in the United States reported small declines in passenger demand and in load factors, the number of available seats filled by paying customers. Southwest, for example, reported that its revenue passenger-miles, a standard measure of demand, were off 3.3 percent compared with November 2011.


On Monday, the airline forecaster Michael Boyd, of the Boyd Group International, summed up his predictions for 2013 this way: “No traffic growth. Fewer flights. Less capacity.” Airlines, he added, will focus more “on revenue growth, not traffic volume.”


American’s new fare strategy encompasses two basic changes, both of which include some fees in coach fares. One is Choice Essential, which costs $68 extra for a round-trip domestic fare but eliminates the $150 penalty fee for ticket changes after purchase. It also drops the $25 fee for the first checked bag and gives the buyer “priority boarding.” (We’ll address the laughable scrum that airlines’ “priority boarding” has become in a future column.)


Another option, Choice Plus, costs $88 extra and adds penalty-free same-day standby change options, while also eliminating the change penalty. And it includes what American calls a free “premium beverage” (beer, wine, cocktail), and a 50 percent bonus on frequent-flier mileage awards, as well as priority boarding.


American’s lowest nonrefundable coach fare structure, which it now calls Choice, remains unchanged. That is, checked-bag fees and $150 penalty fees for making a reservations change remain in effect, while customers continue to have “the flexibility to purchase additional products à la carte,” as American put it.


The American penalty fee changes are aimed mostly at business travelers, the customers most likely to occasionally change plans after a ticket is purchased. Southwest’s recently announced fare and policy changes include a penalty fee on tickets that are not used and not canceled before flight time.


Southwest has long been valued by many business travelers for not charging a penalty fee to rebook a ticket, and that has not changed. Southwest said it was merely adding a “no-show fee” for customers using the cheapest fares who rebook “tickets that are not flown and not canceled by our passengers prior to a flight,” Robert E. Jordan, Southwest’s chief commercial officer, said at a recent meeting with airline stock market analysts.


But in describing initiatives that are certain to interest Southwest’s intensely loyal customer base once the details are announced early in 2013, Mr. Jordan also said, “We are increasing our ancillary fees” in general, without providing specifics. He said that Southwest hoped to raise an additional $100 million this year from new fees.


There is no indication that Southwest is considering revising its policies on basic rebooking or allowing the first two bags to be checked free. Still, an increasing reliance on fees will probably start to redefine the Southwest flying culture. For example, Mr. Jordan said, “we are testing a new revenue stream enabled by selling open and premium boarding positions, so that’s the A1 to A15 position, and selling those open positions at the gate.” Southwest also plans to increase its “EarlyBird” priority boarding fee to $12.50 from $10.


Airlines have come to depend mightily on revenue from fees. In 2011, domestic airlines raised $2.4 billion in change-penalty fees, up from $915.2 million in 2007, according to the Bureau of Transportation Statistics, an agency of the Transportation Department.


And there is even more money in fees for checked bags. In 2007, a year before most airlines other than Southwest began charging for most checked bags on coach fares, domestic carriers raised a mere $464.3 million from such charges. Last year, the total was $3.4 billion.


E-mail: jsharkey@nytimes.com



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Venezuela's Hugo Chavez said to suffer 'complications'









CARACAS, Venezuela — Hugo Chavez has suffered "new complications" after his cancer surgery in Cuba, his vice president said Sunday, describing the Venezuelan leader's condition as delicate.


Vice President Nicolas Maduro did not give details about the complications, which he said came amid a respiratory infection. Maduro spoke in a televised address from Cuba.


Maduro arrived Saturday in Havana on a sudden trip to visit Chavez. He said Sunday that he had met with Chavez and he "referred to these complications."





"Thanks to his physical and spiritual strength, Comandante Chavez is facing this difficult situation," Maduro said, reading from a prepared statement.


"The president gave us precise instructions so that, after finishing the visit, we would tell the [Venezuelan] people about his current health condition," Maduro said. "President Chavez's state of health continues to be delicate, with complications that are being attended to, in a process not without risks."


The vice president spoke with a solemn expression alongside Chavez's eldest daughter, Rosa, and son-in-law, Jorge Arreaza, as well as Atty. Gen. Cilia Flores.


Maduro said he had met several times with Chavez's medical team and relatives. He said he would remain in Havana "for the coming hours" but didn't specify how long.


The Venezuelan leader has not been seen or heard from since undergoing his fourth cancer-related surgery Dec. 11, and government officials have said he might not return in time for his scheduled Jan. 10 inauguration for a new six-year term. If he were to die before being sworn in, a special election would be held to replace him.





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Wired Science's Top Image Galleries of the Year

Many of our most popular posts are image galleries, and this year our readers favorite collections included microscope photos, doomsday scenarios, auroras and lots of images of Earth from space.


The satellite image above of Brasilia is part of the most popular post of the year.


Above:

I think it's safe to say that our readers like looking at images of Earth from space almost as much as we do. Satellite imagery was the subject of four of Wired Science's 10 most popular galleries of 2012, with this gallery of planned cities topping the list.


See the full gallery.


Image: NASA/USGS

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UK “X Factor” winner regains top chart spot






LONDON (Reuters) – James Arthur, winner of this year’s British version of the “X Factor” TV talent show, saw his debut single climb back to number one in the British pop charts on Sunday.


Arthur’s “Impossible” shot straight to the top earlier this month but was overtaken last week by a tribute song to the victims of the 1989 Hillsborough football stadium disaster, “He Ain’t Heavy, He’s My Brother”, a version of the ballad that was a worldwide hit for The Hollies.






That song has now slipped to fifth position, according to the Official Charts Company listings.


“Scream and Shout” by will.i.am, featuring Britney Spears, stayed at two while Psy’s monster video hit “Gangnam Style” was up three places to third.


In the album charts, British singer Emeli Sande stayed top with “Our Version Of Events”, with Olly Murs‘ “Right Place, Right Time” unchanged at two.


Rihanna was up three places to third with “Unapologetic”.


(Reporting by Stephen Addison; Editing by Alison Williams)


Music News Headlines – Yahoo! News





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Chinese Firm Is Cleared to Buy American DNA Sequencing Company


Ramin Rahimian for The New York Times


DNA sequencing machines at Complete Genomics in California. The firm dismissed concerns about its acquisition.







The federal government has given national security clearance to the controversial purchase of an American DNA sequencing company by a Chinese firm.




The Chinese firm, BGI-Shenzhen, said in a statement this weekend that its acquisition of Complete Genomics, based in Mountain View, Calif., had been cleared by the federal Committee on Foreign Investment in the United States, which reviews the national security implications of foreign takeovers of American companies. The deal still requires antitrust clearance by the Federal Trade Commission.


Some scientists, politicians and industry executives had said the takeover represented a threat to American competitiveness in DNA sequencing, a technology that is becoming crucial for the development of drugs, diagnostics and improved crops.


The fact that the $117.6 million deal was controversial at all reflects a change in the genomics community.


A decade ago, the Human Genome Project, in which scientists from many nations helped unravel the genetic blueprint of mankind, was celebrated for its spirit of international cooperation. One of the participants in the project was BGI, which was then known as the Beijing Genomics Institute.


But with DNA sequencing now becoming a big business and linchpin of the biotechnology industry, international rivalries and nationalism are starting to move front and center in any acquisition.


Much of the alarm about the deal has been raised by Illumina, a San Diego company that is the market leader in sequencing machines. It has potentially the most to lose from the deal because BGI might buy fewer Illumina products and even become a competitor. Weeks after the BGI deal was announced, Illumina made its own belated bid for Complete Genomics, offering 15 cents a share more than BGI’s bid of $3.15. But Complete Genomics rebuffed Illumina, saying such a merger would never clear antitrust review.


Illumina also hired a Washington lobbyist, the Glover Park Group, to stir up opposition to the deal in Congress. Representative Frank R. Wolf, Republican of Virginia, was the only member of Congress known to have publicly expressed concern.


BGI and Complete Genomics point out that Illumina has long sold its sequencing machines — including a record-setting order of 128 high-end machines — to BGI without raising any security concerns. Sequencing machines have not been subject to export controls like aerospace equipment, lasers, sensors and other gear that can have clear military uses.


“Illumina has never previously considered its business with BGI as ‘sensitive’ in the least,” Ye Yin, the chief operating officer of BGI, said in a November letter to Complete Genomics that was made public in a regulatory filing. In the letter, Illumina was accused of “obvious hypocrisy.”


BGI and Complete said that Illumina was trying to derail the agreement and acquire Complete Genomics itself in order to “eliminate its closest competitor, Complete.”


BGI is already one of the most prolific DNA sequencers in the world, but it buys the sequencing machines it uses from others, mainly Illumina.


Illumina, joined by some American scientists, said it worried that if BGI gained access to Complete’s sequencing technology, the Chinese company might use low prices to undercut the American sequencing companies that now dominate the industry.


Some also said that with Complete Genomics providing an American base, BGI would have access to more DNA samples from Americans, helping it compile a huge database of genetic information that could be used to develop drugs and diagnostic tests. Some also worried about protection of the privacy of genetic information.


“What’s to stop them from mining genomic data of American samples to some unknown nefarious end?” Elaine R. Mardis, co-director of the genome sequencing center at Washington University in St. Louis, said in an e-mail.


Dr. Mardis could not specify what kind of nefarious end she imagined. But opponents of the deal cited a November article in The Atlantic saying that in the future, pathogens could be genetically engineered to attack particular individuals, including the president, based on their DNA sequences.


BGI and Complete Genomics dismissed such concerns as preposterous.


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Mattel to Give Thomas the Tank Engine a Multimillion-Dollar Sheen





LOS ANGELES — One of the oldest preschool entertainment and toy franchises, Thomas the Tank Engine, is about to get a new marketing push.




Will parents get on board?


Mattel agreed last year to pay a hefty $680 million for Hit Entertainment, the British owner of Thomas, a cheery blue locomotive first introduced in a 1946 book. Starting in January, the toy manufacturer hopes to turn the talking train and his friends — Butch the Tow Truck, Engine Emily — into a property on par with Hot Wheels and Barbie.


“It’s been a brand that has been pretty bereft of investment,” said David Allmark, executive vice president of Mattel’s Fisher-Price brands. “We really believe that we can grow this on a worldwide basis, particularly in Latin America and Asia.”


Thomas is huge, with global retail sales totaling about $1 billion annually, according to analysts. Barbie has estimated annual worldwide sales of $2 billion, while Hot Wheels is closer to $1 billion. Hot Wheels, however, has stronger brand recognition in North America than Thomas and is a better seller in the toy aisle. “An established brand like Thomas helps Mattel, which has historically been stronger with girls than boys, in the extraordinarily competitive preschool market,” said Marty Brochstein, senior vice president for industry relations and information at the International Licensing Industry Merchandisers’ Association. “It is much more expensive and tenuous to try and create a franchise from scratch.”


Still, expansion of the Thomas franchise in Europe and North America could be difficult because of gender and age constraints. Analysts say the character appeals to both boys and girls from ages 1 to 3, but then girls tend to split off into dolls and dress up; boys stick around until about age 5, then lean toward more complicated toys and stories.


The effort to reposition Thomas includes new toys, in particular an expanded and enhanced line of wooden trains, and a new one-hour animated movie called “King of the Railway,” which will be released in the spring on DVD by Lionsgate and supported with “blue carpet” premieres in the United States and Europe. Mattel will also produce at least three more seasons of the “Thomas & Friends” television series, shown on PBS and Sprout.


Mr. Allmark said the chubby-cheeked Thomas, which was created by a British clergyman named Wilbert Awdry while trying to soothe his son, Christopher, who was sick with the measles, will continue to espouse “innocent, sweet life lessons.” But Mr. Allmark added that Mattel thinks a few minor changes — faster storytelling, for instance — can make the anthropomorphic train more relevant to modern children. “Some of it needs livening up a little bit,” he said.


Devotees who like Thomas for his simplicity may find those to be fighting words, but Mattel and its new Hit unit plan to back up their efforts with a multimillion-dollar advertising campaign called “Anytime Is Thomas Time.” Plans also call for a new online portal devoted to Thomas, more live events (look-alike trains steaming into cities across North America), and possibly a balloon in the next Macy’s Thanksgiving parade.


“When you are successful for as long as Thomas has been, you can become part of the woodwork,” said Shari Donnenfeld, head of Hit Global Brands. “We need to reinforce the brand by reminding people why they love it and introducing new content.”


Besides Mattel, multiple entertainment companies, including Walt Disney, weighed Hit’s prospects but passed, deciding that Thomas came with too many downsides, given the asking price. TV episodes and movies are expensive to produce, for instance, and DVDs do not sell the way they used to.


Mattel needed a preschool franchise to reinforce its Fisher-Price business, analysts say. Last year, the division lost an important Sesame Street license to a rival, Hasbro, and is coming off a few difficult years marked by recalls, including the removal from shelves of 10 million Fisher-Price toys in 2010. Last year, worldwide Fisher-Price sales totaled $2.16 billion, a 3 percent decline from a year earlier.


Mr. Allmark called Hit, which also owns characters like Barney, Angelina Ballerina and Bob the Builder, “a pretty rare diamond.”


Thomas has been a brand in flux in recent years. In 2009, Hit dropped the old-fashioned animation style that had been the TV program’s hallmark in favor of computer-generated images. The trains also began to speak on the televised show for the first time. The changes risked alienating some parents, but ratings in certain important demographics have increased 30 percent, according to Nielsen data.


Computerized animation has also allowed Hit to expand Thomas deeper into the digital realm; there are 15 related apps, and Mattel plans to introduce four more in the coming months.


Thomas faces challengers in the hotly competitive preschool market. Disney is planning an increased retail push tied to its “Jake and the Never Land Pirates” program. But retailers like Toys “R” Us note that Mattel and its Fisher-Price unit have the muscle to secure expanded shelf space for Thomas and his friends.


“Fisher-Price brings extraordinary product development, but they also have an unbelievable marketing machine,” said Richard Barry, chief merchandising officer for Toys “R” Us. He added, “Thomas is a brand that we absolutely love.”


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Buddhist temple doesn't always inspire peaceful reactions









The sound of chanting echoed through the makeshift temple, to the slow steady pulse of a drum.


Forty-nine days had passed since Jonathan Van's uncle had died in Vietnam, and he and his family gathered at Tinh Xa Giac Ly in Westminster, chanting so that his spirit might find its path. The puffs of incense dancing in the air would serve as the vehicle to carry his spirit to the next life, according to Buddhist tradition.


The relatives knelt on the floor of the two-car garage, high heels and sandals scattered outside on the driveway, as other loved ones spilled out to the patio, reciting from yellow songbooks.





The sound, for Van, calmed his own spirit.


"For me the chanting is very soothing," Van said. "Relieves stress."


Less so for some of the neighbors, however.


The temple sits among the suburban tract homes at Titus Street and Hazard Avenue, just steps from Little Saigon, converted about 26 years ago from a typical family home to a house of worship.


The sound of the chanting and the unfamiliar smells and rituals are an unwelcome intrusion to some in the neighborhood in the heart of Orange County, the traffic an inconvenience.


Officials said misunderstandings between the start-up temples and residents who find their neighborhoods transformed are an ongoing issue in the Asian communities that sprawl across Westminster, Garden Grove and Santa Ana.


Rita Leon and her brother Rudy Lastra live across the street from Tinh Xa Giac Ly and say their conflicts with the temple's worshipers have almost turned physical.


And traffic generated by visitors, they said, has turned their residential street into a bustling thoroughfare.


"It's like the 405 Freeway on a Monday at rush hour," Lastra said.


Temple organizers also clashed with the city, which after receiving numerous complaints from residents cited them for code violations involving outdoor cooking equipment as well as gas, electrical and plumbing lines, said Art Bashmakian, Westminster's planning manager.


The temple's leader, the Most Venerable Thich Giác Si, said he is mindful of his neighbors' concerns and reminds visitors to park outside the neighborhood to reduce the number of cars streaming along the residential streets.


"Whatever they like to say or express to us, we like to listen," he said.


Rusty Kennedy, executive director of the Orange County Human Relations Commission, said budding religious groups often set up shop in suburban areas, and such clashes can be expected.


"In many religious communities you will see this tradition of starting a congregation in your home before you're able to buy or build," Kennedy said.


Even though the face of central Orange County began changing decades ago with the arrival of Vietnamese immigrants, the tiny neighborhood temples sometimes seem foreign to residents when they spring up.


"There's no question where you're confronted with something you don't understand or are unfamiliar with, you're uncomfortable," Kennedy said.


Often stereotypes about a culture or its images — such as the Buddhist swastika or Sikh turbans — can "color our thinking" about a neighbor, Kennedy said. But the conflicts, he said, sometimes sort themselves out.





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Ambitious Tome Chronicles the Rise of a New Urbanist Community











All images: Dhiru Thadani




Joseph Flaherty writes about design, DIY, and the intersection of physical and digital products. He designs award-winning medical devices and apps for smartphones at AgaMatrix, including the first FDA-cleared medical device that connects to the iPhone.

Read more by Joseph Flaherty

Follow @josephflaherty on Twitter.



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Praying Hitler in ex-Warsaw ghetto sparks emotion






WARSAW, Poland (AP) — A statue of Adolf Hitler praying on his knees is on display in the former Warsaw Ghetto, the place where so many Jews were killed or sent to their deaths by Hitler’s regime, and it is provoking mixed reactions.


The work, “HIM” by Italian artist Maurizio Cattelan, has drawn many visitors since it was installed last month. It is visible only from a distance, and the artist doesn’t make explicit what Hitler is praying for, but the broader point, organizers say, is to make people reflect on the nature of evil.






In any case, some are angered by the statue’s presence in such a sensitive site.


One Jewish advocacy group, the Simon Wiesenthal Center, this week called the statue’s placement “a senseless provocation which insults the memory of the Nazis’ Jewish victims.”


“As far as the Jews were concerned, Hitler’s only ‘prayer’ was that they be wiped off the face of the earth,” the group’s Israel director, Efraim Zuroff, said in a statement.


However, many others are praising the artwork, saying it has a strong emotional impact. And organizers defend putting it on display in the former ghetto.


Fabio Cavallucci, director of the Center for Contemporary Art, which oversaw the installation, said, “There is no intention from the side of the artist or the center to insult Jewish memory.”


“It’s an artwork that tries to speak about the situation of hidden evil everywhere,” he said.


The Warsaw ghetto was an area of the city which the Nazis sealed off after they invaded Poland. They forced Jews to live in cramped, inhuman conditions there as they awaited deportation to death camps. Many died from hunger or disease or were shot by the Germans before they could be transported to the camps.


The Hitler installation is just one object in a retrospective of Cattelan’s work titled “Amen,” a show that explores life, death, good and evil. The other works are on display at the center itself, which is housed in the Ujazdowski Castle.


The Hitler representation is visible from a hole in a wooden gate across town on Prozna Street. Viewers only see the back of the small figure praying in a courtyard. Because of its small size, it appears to be a harmless schoolboy.


“Every criminal was once a tender, innocent and defenseless child,” the center said in a commentary on the work.


Poland’s chief rabbi, Michael Schudrich, said he was consulted on the installation’s placement ahead of time and did not oppose it because he saw value in the artist’s attempt to try to raise moral questions by provoking viewers.


He said he was reassured by curators who told him there was no intention of rehabilitating Hitler but rather of showing that evil can present itself in the guise of a “sweet praying child.”


“I felt there could be educational value to it,” said Schudrich, who also wrote an introduction to the exhibition’s catalogue in which he says art can “force us to face the evil of the world.”


On Friday, a stream of people walked by to view the work, and many praised it.


“It had a big emotional impact on me. It’s provocative, but it’s not offensive,” said Zofia Jablonska, a 30-year-old lawyer. “Having him pray in the place where he would kill people — this was the best place to put it.”


Cattelan caused controversy in Warsaw in 2000 when another gallery showed his work “La Nona Ora” — or “The Ninth Hour” — which depicts the late Pope John Paul II being crushed by a meteorite. That offended many in Poland, which is both deeply Catholic and was John Paul’s homeland.


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Senate Leaders Racing to Beat Fiscal Deadline





WASHINGTON — Senate leaders and their aides spent Saturday searching for a formula to extend tax cuts for most Americans that could win bipartisan support in the Senate and final approval in the fractious House by the new year, hoping to prevent large tax increases and budget cuts that could threaten the fragile economy.




As part of the last-minute negotiations, the lawmakers were haggling over unemployment benefits, cuts in Medicare payments to doctors, taxes on large inheritances and how to limit the impact of the alternative minimum tax, a parallel income tax system that is intended to ensure the rich pay a fair share but that is increasingly encroaching on the middle class.


President Obama said that if talks between the Senate leaders broke down, he wanted the Senate to schedule an up-or-down vote on a narrower measure that would extend only the middle-class tax breaks and unemployment benefits. The Senate majority leader, Harry Reid of Nevada, said he would schedule such a vote on Monday absent a deal.


If Congress is unable to act before the new year, Washington will effectively usher in a series of automatic tax increases and a program of drastic spending cuts that economists say could pitch the country back into recession.


The president and lawmakers put those spending cuts in place this year as draconian incentives that would force them to confront the nation’s growing debt. Now, lawmakers are trying to keep them from happening, though it seemed most likely on Saturday that the cuts, known as sequestration, would be left for the next Congress, to be sworn in this week.


“We just can’t afford a politically self-inflicted wound to our economy,” Mr. Obama said Saturday in his weekly address. “The housing market is healing, but that could stall if folks are seeing smaller paychecks. The unemployment rate is the lowest it’s been since 2008, but already families and businesses are starting to hold back because of the dysfunction they see in Washington.”


The fear of another painful economic slowdown appears to have accelerated deal-making on Capitol Hill with just 48 hours left before the so-called fiscal cliff arrives. Weeks of public sniping between Mr. Reid, the Democratic leader, and Senator Mitch McConnell of Kentucky, the Republican leader, ebbed on Friday evening with pledges of cooperation and optimism from both.


On Saturday, though, that sentiment was put to the test as 98 senators waited for word whether their leaders had come up with a proposal that might pass muster with members of both parties. The first votes in the Senate, if needed, are scheduled for Sunday afternoon.


“It’s a little like playing Russian roulette with the economy,” said Senator Mark Warner, Democrat of Virginia. “The consequences could be enormous.”


Members of Congress were mostly absent from the Capitol on Saturday, after two days of Senate votes on other matters and a day before both chambers were to reconvene. However, senior aides were working on proposals in their offices or at their homes.


Speaker John A. Boehner stopped by the Capitol briefly to see his chief of staff on Saturday afternoon. Mr. McConnell spent much of the day in his office.


Aides to Mr. Reid were expecting to receive offers from Mr. McConnell’s staff, but no progress was reported by midday. Even if the talks took a positive turn, Senate aides said, no announcement was expected before the leaders briefed their caucuses on Sunday.


The chief sticking point among lawmakers and the president continued to be how to set tax rates for the next decade and beyond. With the Bush-era tax cuts expiring, Mr. Obama and Democrats have said they want tax rates to rise on income over $250,000 a year, while Republicans want a higher threshold, perhaps at $400,000.


Democrats and Republicans are also divided on the tax on inherited estates, which currently hits inheritances over $5 million at 35 percent. On Jan. 1, it is scheduled to rise to 55 percent beginning with inheritances exceeding $1 million.


The political drama in Washington over the weekend was given greater urgency by the fear that the economic gains of the past two years could be lost if no deal is reached.


Some of the consequences of Congressional inaction would be felt almost at once on Tuesday, in employee paychecks, doctors’ offices and financial markets. Analysts said the effect would be cumulative, building over time.


An early barometer would probably be the financial markets, where skittish investors, as they have during previous Congressional cliffhangers, could send the stock market lower on fears of another prolonged period of economic distress.


In 2011, the political battles over whether to raise the nation’s borrowing limit prompted Standard & Poor’s to downgrade its rating of American debt, suggesting a higher risk of default. The Dow Jones industrial average fell 635 points in a volatile day of trading after the downgrade.


This month, traders have again nervously watched the political maneuvering in Washington, and the markets have jumped or dropped at tidbits of news from the negotiations. Two weeks ago, Ben S. Bernanke, the chairman of the Federal Reserve Board, predicted that if lawmakers failed to reach a deal, “the economy will, I think, go off the cliff.”


Immediately — regardless of whether a deal is reached — every working American’s taxes will go up because neither party is fighting to extend a Social Security payroll tax cut that has been in place for two years.


Robert Pear and Jennifer Steinhauer contributed reporting.



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Anxious New Yorkers grapple with second subway death in a month









NEW YORK — As police continued searching Friday for a woman who witnesses say sent a man to his death by pushing him into an oncoming subway train in Queens, anxious New Yorkers spoke with a mix of shock, horror and nonchalance as they grappled with the second such death in a month along the city's massive transit system.


Police identified the victim in Thursday night's incident as Sunando Sen, a 46-year-old Queens resident and native of India who worked at a printing business.


Police said the woman — described as a heavyset Latina and approximately 5 feet 5 — fled after the pushing. Surveillance video recorded shortly after the incident shows a heavyset woman running through an intersection near the station platform. A $12,000 reward is being offered and police have released a sketch of the suspect.





At the above-ground station where the main died, in the Sunnyside neighborhood of Queens, police officers were stationed inside the entrance, while some riders said they kept closer to the walls than usual as trains rolled into the station early Friday afternoon.


Maria Roquete, 55, promptly took a seat on a wooden bench as she waited for her train.


"Even if this station is empty, I have to sit down," said Roquete, who moved to New York from Brazil 13 years ago. "I'm scared."


Other commuters questioned whether enough was being done to ensure safety on the subway. One rider suggested police should have more cameras or officers on the platforms.


Thursday's death occurred just after 8 p.m., when a woman, who witnesses said appeared to be mumbling to herself, suddenly pushed a man from behind as he waited for the No. 7 elevated train to arrive at the station, police said.


"Witnesses said she was walking back and forth on the platform, talking to herself, before taking a seat alone on a wooden bench near the north end of the platform," Paul J. Browne, the NYPD's deputy commissioner, said in a statement. "When the train pulled into the station, the suspect rose from the bench and pushed the man, who was standing with his back to her, onto the tracks into the path of the train. The victim appeared not to notice her, according to witnesses."


For some, Thursday's death on the tracks served to underscore such urban dangers, especially with a transit system that carries 5.3 million riders daily.


On Dec. 3, Ki-Suck Han was crushed by an oncoming train at a subway station in Midtown Manhattan. Han, 58, had been on his way to the South Korean Consulate to renew his passport when, witnesses said, he began arguing with a man who had been harassing people on the platform.


The man, later identified as 30-year-old Naeem Davis, is accused of pushing Han onto the tracks. Han's final moments were captured by a nearby photographer, whose picture ran on the front page of the New York Post. Publication of the photo launched a media controversy over whether the photographer should have tried to help. Davis, who is homeless, has been charged with murder,


Despite the nearly back-to-back subway deaths, Pete Martinez recalled how he used to "subway surf" on top of cars while growing up in the Bronx. He shrugged off Thursday's homicide as "everyday life in the city."


Martinez, 51, said he even witnessed a woman die on subway tracks two years ago. "Every time you leave home you're taking a chance," he said, leaning against a stairway railing as he waited for an uptown train at New York's Penn Station in Manhattan.


Others' nerves were more frayed.


"It's horrible," Elena Rodriguez, a 46-year-old accountant, said as she waited for a downtown express train on the Upper West Side. "We're feeling so insecure now to be in the subway."


Rodriguez said that one of her clients, a yoga instructor, took a cab to work Friday because of Thursday's death. And the fact that a similar death happened less than four weeks ago is making her question whether she wants to stay in New York.


"Now with this, I'm thinking twice," the Upper East Side resident said. "Do I want to risk my life living in New York? No."


Although the two December deaths have left some riders frightened, such pushing incidents are considered rare in the 24-hour subway system.


In separate incidents earlier this year, two people were pushed onto tracks, and both survived. In a third incident, a man died after falling onto tracks during a fight with another commuter. The man was struck by a train and killed.





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So Last Year: RIM Dumps Cloud Hosting Acquisition











Last year, RIM — maker of the BlackBerry smartphone line — acquired NewBay, a cloud hosting service, for $100 million. But on Friday, Synchronoss, a mobile software company, announced that it is buying NewBay from RIM for $55 million cash.


The New Bay acquisition was seen as a way for RIM to compete with other file hosting and sync services, such as Apple iCloud, Amazon Cloud Drive, and Google Docs (now Google Drive). File sync services were hot at the time. Box was rumored to have turned down a $500,000+ acquisition deal, and Dropbox reportedly turned down a nine-figure acquisition offer from Apple. And Citrix acquired ShareFile, a lesser-known player.


RIM had been acquiring companies like contact management firm Gist and appointment management tool Tungle, suggesting the company was building out a stack of cloud-based mobile apps that would be independent of its own BlackBerry line. Meanwhile, rumor spread that the company would release a cross-platform version of BlackBerry Messenger as competing services like Beluga, GroupMe, and Kik began to challenge the product’s dominance.


As RIM bled market share to Apple and Samsung, these moves suggested that RIM could save itself by becoming a hardware-agnostic mobile software company. That hasn’t happened.


Although RIM began supporting Android and iOS on its popular BlackBerry Enterprise Server, the device management market has dozens of other players, including Good, which actually licenses RIM technology, and Microsoft, which has only recently joined the fray. And RIM shuttered both Gist and Tungle earlier this year to focus on developing similar BlackBerry-only products, and denies that a cross-platform version is on the roadmap.


With the sale of NewBay, it appears any hope for a cross-platform RIM is dead.






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Fans to join Beyonce onstage at Super Bowl






NEW YORK (AP) — All the single ladies — and fellas — will have a chance to join Beyonce onstage at the upcoming Super Bowl.


Pepsi announced Friday that 100 fans will hit the stage when the Grammy-winning diva performs on Feb. 3 at the Mercedes-Benz Superdome in New Orleans. A contest that kicks off Saturday will allow fans to submit photos of themselves in various poses, including head bopping, feet tapping and hip shaking. Those pictures will be used in a TV ad introducing Beyonce’s halftime performance, and 50 people — along with a friend — will be selected to join the singer onstage.






The photo contest — at www.pepsi.com/halftime — ends Jan. 19, but Jan. 11 is the cut-off date for those interested in appearing onstage with Beyonce.


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Surgery Returns to NYU Langone Medical Center


Chang W. Lee/The New York Times


Senator Charles E. Schumer spoke at a news conference Thursday about the reopening of NYU Langone Medical Center.







NYU Langone Medical Center opened its doors to surgical patients on Thursday, almost two months after Hurricane Sandy overflowed the banks of the East River and forced the evacuation of hundreds of patients.




While the medical center had been treating many outpatients, it had farmed out surgery to other hospitals, which created scheduling problems that forced many patients to have their operations on nights and weekends, when staffing is traditionally low. Some patients and doctors had to postpone not just elective but also necessary operations for lack of space at other hospitals.


The medical center’s Tisch Hospital, its major hospital for inpatient services, between 30th and 34th Streets on First Avenue, had been closed since the hurricane knocked out power and forced the evacuation of more than 300 patients, some on sleds brought down darkened flights of stairs.


“I think it’s a little bit of a miracle on 34th Street that this happened so quickly,” Senator Charles E. Schumer of New York said Thursday.


Mr. Schumer credited the medical center’s leadership and esprit de corps, and also a tour of the damaged hospital on Nov. 9 by the administrator of the Federal Emergency Management Agency, W. Craig Fugate, whom he and others escorted through watery basement hallways.


“Every time I talk to Fugate there are a lot of questions, but one is, ‘How are you doing at NYU?’ ” the senator said.


The reopening of Tisch to surgery patients and associated services, like intensive care, some types of radiology and recovery room anesthesia, was part of a phased restoration that will continue. Besides providing an essential service, surgery is among the more lucrative of hospital services.


The hospital’s emergency department is expected to delay its reopening for about 11 months, in part to accommodate an expansion in capacity to 65,000 patient visits a year, from 43,000, said Dr. Andrew W. Brotman, its senior vice president and vice dean for clinical affairs and strategy.


In the meantime, NYU Langone is setting up an urgent care center with 31 bays and an observation unit, which will be able to treat some emergency patients. It will initially not accept ambulances, but might be able to later, Dr. Brotman said. Nearby Bellevue Hospital Center, which was also evacuated, opened its emergency department to noncritical injuries on Monday.


Labor and delivery, the cancer floor, epilepsy treatment and pediatrics and neurology beyond surgery are expected to open in mid-January, Langone officials said. While some radiology equipment, which was in the basement, has been restored, other equipment — including a Gamma Knife, a device using radiation to treat brain tumors — is not back.


The flooded basement is still being worked on, and electrical gear has temporarily been moved upstairs. Mr. Schumer, a Democrat, said that a $60 billion bill to pay for hurricane losses and recovery in New York and New Jersey was nearing a vote, and that he was optimistic it would pass in the Senate with bipartisan support. But the measure’s fate in the Republican-controlled House is far less certain.


The bill includes $1.2 billion for damage and lost revenue at NYU Langone, including some money from the National Institutes of Health to restore research projects. It would also cover Long Beach Medical Center in Nassau County, Bellevue, Coney Island Hospital and the Veterans Affairs hospital in Manhattan.


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L.A. gun buyback program breaks a record









A one-day gun buyback event in Los Angeles on Wednesday gathered 2,037 firearms, including 75 assault weapons and two rocket launchers, officials said. The total was nearly 400 more weapons than were collected in a similar buyback earlier this year.


Mayor Antonio Villaraigosa said the collection at two locations was so successful that the city ran out of money for supermarket gift cards and got a private donation through the city controller to bolster the pot.


The gun buyback was moved up from its usual Mother's Day date in response to the massacre Dec. 14 that claimed the lives of 26 people, including 20 students, at Sandy Hook Elementary School in Newtown, Conn.





"As you can see to my right and left, these weren't just guns that weren't functioning anymore," Villaraigosa said at a news conference Thursday morning. "These were serious guns — semiautomatic weapons, guns that have no place on the streets of Los Angeles or any other city."


The mayor described the event as a success, but acknowledged that there were still many guns on the streets.


Hundreds lined up in cars to get Ralphs gift cards in exchange for different types of guns. Villaraigosa said the LAPD collected 901 handguns, 698 rifles, 363 shotguns and 75 assault weapons. The weapons will be melted down.


He said that nearly three-quarters of those turning in the weapons said in an informal survey that they felt safer with the weapons off the street.


"Perhaps the most honest testament to the success of yesterday's program can be seen in the 166 weapons that were surrendered for nothing," Villaraigosa said.


Police Chief Charlie Beck said it was the most successful gun buyback event since the city began the program.


"Those are weapons of war, weapons of death," Beck said, motioning to a selection of military-style weapons on a display table. "These are not hunting guns. These are not target guns. These are made to put high-velocity, extremely deadly, long-range rounds down-range as quickly as possible, and they have no place in our great city."


Beck acknowledged that the weapons would not be checked for connections to crimes before being melted down. He said the sheer number would make that difficult, and he does not want to deter people from turning in firearms.


Villaraigosa again Thursday called for a national assault weapons ban and for strengthening the California assault weapons law to close loopholes.


richard.winton@latimes.com





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John McAfee Tells World How He Fooled Cops and Escaped Belize



One of the reporters who snuck out of Belize with John McAfee earlier this month said the adventure was “dangerous, amazing, touching, and many other adjectives that I cannot remember right now.”


Turns out that the words that eluded him were “rainy” and “lucky.”


On the day after Christmas, McAfee posted a long blog post describing how he gave Belizean authorities the slip and snuck out of the country to avoid questioning (and in his estimation, wrongful prosecution) following the murder of his neighbor, Greg Faull.


“It’s visually interesting and it is mostly a happy story — in line with most Christmas stories,” he wrote.


The former software executive describes an operation that was heavy in advance planning and trickery. He says he planted a lookalike (“my double — a man I have known for over 30 years and who years ago and who years ago legally changed his name to John McAfee”) and had him picked up by authorities in the northern Belize-Mexico border, while he and a group of friends and reporters loaded up a truck and headed in the opposite direction, to a southern town called Punta Gorda. With the news that he’d been arrested broadcasting on a local news station, McAfee figured that checkpoint security would relax.


McAfee followed another friend who was driving one of his pickup trucks to avoid checkpoints on the highway. This was another decoy, McAfee said. “If they stopped the truck, I knew the checkpoint officers would be swarming all over it. Subsequent traffic would be likely to be waved through.”


But then, he also had a secret weapon: the weather. McAfee made sure that his dash happened on a rainy day. “In Belize, no checkpoint officers will ever stop a car in the rain,” he wrote.


He says he blew through all three highway checkpoints on that early December day without ever being stopped.


From Punta Gorda, he his 20-year-old girlfriend Samantha Vanegas and two Vice reporters sailed into Livingston, Guatemala.


A few days later, he was arrested in Guatemala, after the Vice reporters he was traveling with inadvertently disclosed his location. He was deported to Miami on December 12 and is now slowly driving west along back roads, his hair color changed, “staying at cut-rate motels and eating at Denny’s.”


He says he plans to tell his side of the story more completely — including, no doubt, a shot or two at his nemesis, the government of Belize — next Thursday. “People sometimes forget that I founded one of the largest computer security firms in the world, and I didn’t achieve that by not knowing how to access protected or secret information,” he wrote on Monday.


“I wear construction clothes one day, farmers clothes the next, and the next day dress like a traveling salesman,” he wrote on his blog. “I think my best friends would not recognize me.”


Or so he says.


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KOL’s Nathan Followill, Jessie Baylin welcome baby






NASHVILLE, Tenn. (AP) — The Kings of Leon family has just gotten bigger.


Drummer Nathan Followill and his wife, singer-songwriter Jessie Baylin, welcomed a baby girl on Wednesday. It’s the first baby for the couple and the third for the Followill family band. Nathan Followill’s brother Caleb and cousin Matthew also have children.






A spokesman says Violet Marlowe Followill was born at 4:01 p.m. in Nashville. She was 7 pounds, 13 ounces at birth.


The baby comes before what promises to be a busy 2013 for Kings of Leon. The Nashville, Tenn.-based band has been working on new music for an album that’s expected to be released next year. Baylin released her third album, “Little Spark,” earlier this year.


The couple has been married since 2009.


___


Online:


http://kingsofleon.com


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7-Eleven Stores Focus on Healthier Food Options





The chain that is home of the Slurpee, Big Gulp and self-serve nachos with chili and cheese is betting that consumers will stop in for yogurt parfaits, crudité and lean turkey on whole wheat bread.




7-Eleven, the convenience store chain, is restocking its shelves with an eye toward health. Over the last year, the retailer has introduced a line of fresh foods for the calorie conscious and trimmed down its more indulgent fare by creating portion-size items.


The change is as much about consumers’ expanding waistlines as the company’s bottom line. By 2015, the retailer aims to have 20 percent of sales come from fresh foods in its American and Canadian stores, up from about 10 percent currently, according to a company spokesman.


“We’re aspiring to be more of a food and beverage company, and that aligns with what the consumer now wants, which is more tasty, healthy, fresh food choices,” said Joseph M. DePinto, the chief executive of 7-Eleven, a subsidiary of the Japanese company, Seven & i Holdings.


Convenience stores have typically been among the most nimble of retailers. In the 1980s, they added Pac-Man arcade games as a way to keep customers in stores longer and to buy more merchandise. They installed A.T.M.’s a decade later, taking a slice of the transaction fees. More recently, they built refrigerated dairy cases, with milk, eggs, cheese and other staples.


But just as they have taken business from traditional supermarkets, convenience stores have faced increased competition from the likes of Dunkin’ Donuts and Starbucks, which offer a basic menu of fresh foods for consumers on the go.


At the same time, a major profit driver for convenience stores — cigarettes — has been in steady decline over the last decade as the rate of smoking has dropped in the United States.


Fresh foods can help offset some of those losses. The markup on such merchandise can be significant, bolstering a store’s overall profits. It’s also a fast-growing category.


“If you can figure out how to deliver consistent quality and the products consumers want, fresh food is attractive because margins are higher, and it addresses some of the competitive issues you’re facing,” said Richard Meyer, a longtime consultant for the convenience store industry. “But it’s not easy to do.”


7-Eleven has been selling fresh food since the late 1990s. But much of its innovation has been limited to the variety of hot dogs spinning on the roller grill or the breakfast sandwiches languishing beneath a heating lamp.


As 7-Eleven refocuses its lineup, the retail chain has assembled a team of culinary and food science experts to study industry trends and develop new products. Such groups have been around for a while at fast-food restaurants like McDonald’s and packaged-goods manufacturers like Kraft. But it’s a relatively new concept for players like 7-Eleven, which have typically relied on their suppliers to provide product innovation.


“We’re working to create a portfolio of fresh foods,” said Anne Readhimer, senior director of fresh food innovation, who joined the company in May from Yum Brands, where she had worked on the KFC and Pizza Hut brands. “Some will be for snacking, some for a quick meal, but we hope everything we offer our guests is convenient and tasty.”


One new menu item just hitting stores is a Bistro Snack Protein Pack, which includes mini pita rounds, cheddar cheese cubes, grapes, celery, baby carrots and hummus. The meal in a box, similar to one carried by Starbucks, is part of a broader menu with healthier items under 400 calories.


The company is also taking existing products and retooling them for single portions. For example, customers can now buy jelly doughnuts and tacos, in mini sizes.


“There are definitely customers who want healthy options, but there are also lots of customers who are excited about the new sandwich options that aren’t low calorie — and minidoughnuts are doing very well,” said Lori Primavera, senior manager of fresh food innovation at 7-Eleven, who previously worked for Food and Drink Resources, a consulting firm for restaurant companies.


Norman Jemal, a franchisee, said sales of the new products are growing steadily in the three 7-Eleven stores that he owns in Manhattan. “At first, people are surprised when they come in here and see a bag of carrots and celery,” Mr. Jemal said. “They say, ‘I came in here for a bag of chips — I can’t believe you have fruit cups or yogurt cups.’ ”


He said the Yoplait Parfait, a cup of vanilla yogurt topped with fresh strawberries or blueberries and granola, is his best-selling fresh food item, while the 7 Smart turkey sandwich is his top sandwich.


The fresh food in Mr. Jemal’s stores and other locations around the country are supplied from a system of 29 commissaries and bakeries that fulfill orders from 7-Eleven. They tailor menu items for specific markets. In the Miami area, they produce a hot Cuban sandwich with ham, cheese, pickles and mustard. The Turkey Gobbler with turkey, stuffing and cranberry sauce sells in Northeastern stores around the holidays.


Each store has a data system that allows it to see exactly what is selling, which helps manage waste. Stores can track consumers’ purchase habits over a month, and adjust their orders based on those behaviors.


“In this 28-day cycle, I know I sold 3,563 bananas to customers in this store,” said Todd Ferguson, who owns five 7-Eleven locations in Las Vegas.


Mr. Ferguson has owned 7-Eleven franchises since 1986, and he said the variety of fresh food options in the stores is far better than before. The category already accounts for 20 percent of his sales, and his goal is to reach a quarter of sales volume.


“We used to be a place for people to buy beer, wine, cigarettes, candy and chips, and people would occasionally ask where they could go to get something to eat,” Mr. Ferguson said. “We’re no longer getting that question because now you can get something to eat right here.”


This article has been revised to reflect the following correction:

Correction: December 27, 2012

An earlier version of this article incorrectly identified a 7-Eleven franchisee in Las Vegas. He is Todd Ferguson, not Tom Ferguson.



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Latest Netflix Disruption Highlights Challenges of Cloud Computing


For some on Christmas Eve, “White Christmas” was a blackout on Netflix.


That’s because problems with Amazon’s cloud computing service, which provides storage and computing power for all kinds of Web sites and services, caused Netflix to go down for much of the day.


In updates on a Web site that reports on the status of its online services, Amazon traced the trouble to Elastic Load Balancing, a part of its service that helps spread heavy traffic among multiple servers to prevent overload. The company gave few details about the problems in its data center in Northern Virginia beyond this.


Social networks filled with complaints. Some customers also complained that Amazon’s own streaming service, Amazon Prime, was down. Amazon said it had fixed the problem completely by the afternoon of Christmas Day, and Netflix said it had restored its services to most of the affected consumers by late Christmas Eve. But the episode highlighted how consumers are increasingly using “the cloud.”


As more everyday devices, appliances and even automobiles rely on services connected to the Internet, consumers expect those services to be available at all times. Yet all sorts of disruptions — harsh weather conditions or an apparent overload — can knock a service out for hours.


In October, problems with the same Amazon data center in Virginia took down Reddit, Foursquare and Heroku. The instance was explained on the status Web site as “degraded performance” in some parts of Amazon’s storage service. In June, a lightning storm hit the Virginia data center, taking Netflix as well as Pinterest, Instagram and other sites off line for hours. That time, too, customers were offered little insight into what had happened.


In April 2011, an Amazon failure took down many smaller sites that had rented cloud storage space from the Internet giant. That time, the companies that were most affected were start-ups that were less likely to pay for so-called redundancies, or backup systems that kick in when a service fails. Netflix was not affected then, and said at the time it was because it had taken advantage of the redundancies that Amazon offers.


Netflix has said that it has built several redundancies into its cloud-based system. For instance, it stores its data across multiple “zones,” so if there is a failure in one zone, it can retry in another. It says it also spends money on more capacity than it needs, so that if there are large spikes in customer activity, the service is less likely to go down.


Joris Evers, a Netflix spokesman, declined to elaborate on why Netflix went down despite these safeguards. He said the company was investigating the cause and would do what it could to prevent the interruption from recurring.


“We are happy that people opening gifts of Netflix or Netflix-capable devices on Christmas morning could watch TV shows and movies and apologize for any inconvenience caused Christmas Eve,” Mr. Evers said.


Tera Randall, an Amazon spokeswoman, said the company has been “heads down” to ensure services are running smoothly and that a full summary of the incident would be published in a few days.


Amazon is one of the biggest players in online services, hosting data storage and computation for hundreds of companies, including Netflix, Instagram and Pinterest. Once a sideline Amazon set up six years ago, the cloud service has since exploded into a business that is expected to bring in about $1 billion to the company this year.


Other companies offer similar services, notably Google, which introduced its competitor in June. Microsoft is also in the business with Windows Azure.


Although the service disruptions may annoy some companies and their customers, it’s unlikely many businesses will end their partnerships with Amazon in light of this latest Netflix failure, said James McQuivey, an analyst for Forrester Research. He added that it was unlikely that a temporary service failure for Netflix was going to cause many to cancel subscriptions.


He said companies can pay extra to Amazon to add safeguards that increase reliability of their online services, but they typically choose to save costs and take the risk of their services going down temporarily. He said that Amazon has been especially popular among businesses because it has been gradually improving its services and lowering its costs.


Businesses, “of course, are going to say, ‘Gee, Amazon, what’s going on?’ ” Mr. McQuivey said. “But in reality they’re all getting such a great deal. I don’t see them getting that upset about it.”


For consumers, though, it may be a different matter. On Christmas Eve, Merrilee and Alex Barton were watching an episode of “It’s Always Sunny in Philadelphia” when their Netflix feed started to stammer and finally froze, then began to buffer excessively. “It would try to load and get to about 2 to 7 percent of the way through and then just hang there for five minutes,” Mrs. Barton said.


Eventually the two said they gave up and — with nothing else going on in Farmingdale, N.Y. — decided to “nerd it up.” They played a few games of Minecraft, a video game in which the players can build whatever they wish. In the game, all the technology worked.


This article has been revised to reflect the following correction:

Correction: December 28, 2012

An article on Thursday about problems with Amazon’s cloud computing service referred incorrectly at one point to the company’s public comments on the issue. As the article correctly noted elsewhere, Tera Randall, an Amazon spokeswoman, said that the company was working to ensure services were running smoothly and that Amazon would publish a full summary within a few days. It is not the case that Amazon “did not offer an official statement or explanation.” The article also misstated the month that problems at an Amazon data center in Virginia took down Reddit, Foursquare and Heroku. That occurred in October, not last month.



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Toyota to pay big to settle suits









Toyota Motor Corp., moving to put years of legal problems behind it, has agreed to pay more than $1 billion to settle dozens of lawsuits relating to sudden acceleration.


The proposed deal, filed Wednesday in federal court, would be among the largest ever paid out by an automaker. It applies to numerous suits claiming economic damages caused by safety defects in the automaker's vehicles, but does not cover dozens of personal injury and wrongful-death suits that are still pending around the nation.


The suits were filed over the last three years by Toyota and Lexus owners who claimed that the value of their vehicles had been hurt by the potential for defects, including floor mats that could cause the vehicles to surge out of control.





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In addition, Toyota said it is close to settling suits filed by the Orange County district attorney and a coalition of state attorneys general who had accused the automaker of deceptive business practices. The costs of those agreements would be included in a $1.1-billion charge the Japanese automaker said it will take against earnings to cover the actions.


"We concluded that turning the page on this legacy legal issue through the positive steps we are taking is in the best interests of the company, our employees, our dealers and, most of all, our customers," Christopher Reynolds, Toyota's chief counsel in the U.S., said in a statement.


Toyota's lengthy history of sudden acceleration was the subject of a series of Los Angeles Times articles in 2009, after a horrific crash outside San Diego that took the life of an off-duty California Highway Patrol officer and his family.


Under terms of the agreement, which has not yet been approved in court, Toyota would install brake override systems in numerous models and provide cash payments from a $250-million fund to owners whose vehicles cannot be modified to incorporate that safety measure.


In addition, the automaker plans to offer extended repair coverage on throttle systems in 16 million vehicles and offer cash payments from a separate $250-million fund to Toyota and Lexus owners who sold their vehicles or turned them in at the end of a lease in 2009 or 2010. The total value of the settlement could reach $1.4 billion, according to Steve Berman, the lead plaintiff attorney in the case.


The lawsuits, filed over the last several years, had been seeking class certification.


News of the agreement comes scarcely a week after Toyota agreed to pay a record $17.35-million fine to the National Highway Traffic Safety Administration for failing to report a potential floor mat defect in a Lexus SUV. Those come on top of almost $50 million in fines paid by Toyota for other violations related to sudden acceleration since 2010.


The massive settlement does not, however, put Toyota's legal woes to rest. The automaker still faces numerous injury and wrongful death claims around the country, including a group of cases that have been consolidated in federal court in Santa Ana, and other cases awaiting trial in Los Angeles County.


The first of the federal cases, involving a Utah man who was killed in a Camry that slammed into a wall in 2010, is slated for trial in mid-February.


The California cases are set to begin in April, among them a suit involving a 66-year-old Upland woman who was killed after her vehicle allegedly reached 100 miles per hour and slammed into a tree.


Edgar Heiskell III, a West Virginia attorney who has a dozen pending suits against Toyota, said he is preparing to go to trial this summer in a case that involved a Flint, Mich., woman who was killed when her 2005 Camry suddenly accelerated near her home.


"We are proceeding with absolute confidence that we can get our cases heard on the merits and that we expect to prove defects in Toyota's electronic control system," he said.


Toyota spokesman Mike Michels said the settlement would have no bearing on the personal injury cases.


"All carmakers face these kinds of suits," he said. "We'll defend those as we normally would."


The giant automaker's sudden acceleration problems first gained widespread attention after the August 2009 crash of a Lexus ES outside San Diego.


That accident set off a string of recalls, an unprecedented decision to temporarily stop sales of all Toyota vehicles and a string of investigations, including a highly unusual apology by Toyota President Akio Toyoda before a congressional committee. Eventually Toyota recalled more than 10 million vehicles worldwide and has since spent huge sums — estimated at more than $2 billion, not including Wednesday's proposed settlement — to repair both its automobiles and public image.





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