Del Rio ignored advice to sit out 2012 season

/

By ARNIE STAPLETON

updated 5:38 p.m. ET Jan. 30, 2012

ENGLEWOOD, Colo. - Jack Del Rio considered sitting out the 2012 season, relaxing while still drawing a paycheck from the Jacksonville Jaguars, who fired him as head coach in November.

Instead, Del Rio jumped right back into the NFL fray, replacing Dennis Allen as Denver's defensive coordinator.

Del Rio's hiring reunites Broncos coach John Fox with his first defensive coordinator from Carolina.

Del Rio said Monday he's energized after spending the last couple of months away from football. He went 69-73 in eight and a-half seasons with the Jaguars, including 1-2 in the playoffs.

The Jaguars owed Del Rio $5 million and will pay him the difference between that total and his new salary in Denver.

Allen left after one year in Denver to serve as the head coach of the Oakland Raiders.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Source: http://nbcsports.msnbc.com/id/46195659/ns/sports-nfl/

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Artprice eyes sales boost from online auctions (Reuters)

PARIS (Reuters) ? French art database and ad specialist Artprice.com expects sales to soar this year on the back of the launch of an online auction service, its chief executive told Reuters on Monday.

The company, whose shares have risen 470 percent in the last 12 months, sees revenue reaching tens of millions of euros, compared with 3.8 million ($5 million) in the first nine months of last year, Thierry Ehrmann said in an interview.

"I think we will do in 2012 what we expected to do in 2013, 2014," Ehrmann said.

The CEO expects at least 90,000 works of art to go up for sale on the online auction service this year, the equivalent of about 250 a day, though the site has seen more than three times that amount daily in the 12 days since it launched.

Artprice.com was founded in 1987 and began by selling databases to consumers and professionals on the lookout for specialized information about artists, fairs, classified advertisements and upcoming auctions on a single platform.

The group, which competes in some areas with Germany's Artnet, then launched various websites offering real-time prices, market indicators and indexes along with auction results through a mix of free and monetized content.

Ehrmann expects online auction sales to make up around 90 percent of the total in the next three years. In 2012, he predicts up to 3 million clients will take part in the auctions. Artprice.com attracted 1.3 million subscribers last year.

"From what we see in January, it is evident that we are going to see a metamorphosis of our top and bottom lines which is spectacular," said Ehrmann, a visual artist and sculptor.

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For fundamental data on company: http://xtra.session.rservices.com/rcardxtra?RIC=ARTF.PA

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The company is also looking to team up with Google to have a built-in application for use on smartphones and tablets using Google's Android operating system, Ehrmann said.

It has developed 12 mobile and tablet applications, an important "growth engine" according to Ehrmann.

Artprice.com, headquartered at the Abode of Chaos open-air contemporary art museum near Lyon displaying 4,000 works of art, targets a core market of art pieces worth between $15,000 and $150,000.

The company, which provides a free advertisement service, charges commissions of 5-9 percent on auction sales.

Ehrmann added that he planned to open a Hong Kong unit this year and hoped China, Taiwan and Hong Kong sales would grow to 55 percent of the total by 2013 from 35 percent currently.

China has become the world's largest art market, while France's fine art market has struggled, according to the CEO.

($1 = 0.7625 euros)

(Editing by James Regan)

Source: http://us.rd.yahoo.com/dailynews/rss/tv/*http%3A//news.yahoo.com/s/nm/20120130/stage_nm/us_artprice

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French government to cut 2012 growth estimate: source (Reuters)

PARIS (Reuters) ? The French government is set to revise down its estimate for 2012 economic growth in an upcoming revision to its budget bill, a government source said on Sunday.

The source told reporters following a televised interview with President Nicolas Sarkozy that the government envisages cuts to spending, rather than further tax rises, to make up for the likely shortfall.

Sarkozy's conservative government has been banking on gross domestic products growth of 1.0 percent this year.

(Reporting by Yann Le Guernigou; Editing by Catherine Bremer)

Source: http://us.rd.yahoo.com/dailynews/rss/europe/*http%3A//news.yahoo.com/s/nm/20120129/ts_nm/us_france_sarkozy_deficit

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Boatright attorney blasts NCAA after probe (AP)

HARTFORD, Conn. ? A lawyer representing the mother of Connecticut guard Ryan Boatright says the family is considering legal options after the NCAA detailed its investigation into the freshman's eligibility.

The NCAA has cleared Boatright to play, but said Saturday he and his mother had accepted more than $8,000 in impermissible benefits from at least two people.

Attorney Scott Tompsett issued a statement Sunday calling the NCAA's news release false and misleading. He said the people providing the benefits were friends of the Boatright family and had "no expectation of repayment or reciprocation."

Boatright has missed nine games this season as a result of the investigation, including a six-game suspension to start the season, and is repaying $4,500 in benefits.

The 6-foot Boatright was back in uniform Sunday as UConn hosted Notre Dame.

Source: http://us.rd.yahoo.com/dailynews/rss/sports/*http%3A//news.yahoo.com/s/ap/20120129/ap_on_sp_co_ne/bkc_uconn_boatright

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Demi Moore's 911 Call: "She Smoked Something"

The 911 call that was made on Monday night before Demi Moore was rushed to an L.A. hospital was released today, revealing that the 49-year-old had "smoked something." This new information will likely dispel the previous rumor that Moore collapsed after having seizure-like symptoms from inhaling a dangerous amount of nitrous oxide.

Source: http://www.ivillage.com/demi-moores-911-call-she-smoked-something/1-a-422781?dst=iv%3AiVillage%3Ademi-moores-911-call-she-smoked-something-422781

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Bisping continues to question Sonnen?s manhood over low testosterone

CHICAGO -- Maybe it's a good thing Michael Bisping and Chael Sonnen didn't have months to promote their fight tomorrow night on the UFC on Fox 2 at the United Center. One can only imagine the depths the trash talk would've sunk to.

Sonnen's testosterone replacement therapy is the popular subject this week for the Brit, who suggests that the American is less than a complete male. Early in the week on HDNet, Bisping alleged that Sonnen has a physical abnormality.

"[...] He's been submitted more times than I care to mention. Not to mention, the last time he lost a fight by submission, there were some issues involving performance enhancing drugs," Bisping said. "I don't know what the deal is. Apparently, he has one testicle. One testicle! This is why he uses performance enhancing drugs. He's gonna need more than one little ball to fight me next weekend!"

Sonnen served a one-year suspension for not properly disclosing that he was undergoing testosterone replacement therapy before his UFC 117 fight in California. Bisping is not a fan of fighter using TRT.

"If Sonnen needs TRT, then he's is the wrong sport. If you need TRT, then perhaps you should be carrying a purse and a handbag, and wearing a dress," Bisping told The Telegraph's Gareth A. Davies. "This is a fight sport, and Alpha males shouldn't need testosterone from anywhere else."

Strangely enough, that quote emerged from a conversation where Bisping discussed using a sports psychologist. That topic could certainly open the door for some counter-fire from Sonnen. Stay tuned, there's still 30-plus hours until the fight.

Source: http://sports.yahoo.com/blogs/mma-cagewriter/bisping-continues-sonnen-manhood-over-low-testoterone-194252587.html

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Senator Barbara Boxer Slams Spirit Airlines' 'Deliberate Attempt To Deceive' Fliers

[unable to retrieve full-text content]Senator Barbara Boxer Slams Spirit Airlines' 'Deliberate Attempt To Deceive' Fliers
Read More...
More on Airlines

Source: http://www.huffingtonpost.com/2012/01/26/2012-01-26%2012%3A41%3A03_n_1234079.html

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Nintendo sees first annual loss, cuts 3DS forecast (Reuters)

(Reuters) ? Nintendo Co Ltd posted a sharp drop in quarterly profit and forecast a bigger-than-expected full-year loss, its first at an operating level, as it battles a strong yen and its games devices lose ground to gadgets such as Apple's iPhone.

The creator of the Super Mario franchise dominated the video games industry for years with its DS handheld players and Wii home consoles, but is now struggling to keep up as more versatile smartphone and tablet sales boom.

"To say that (the days of consoles) are over is likely an overstatement, but social network and Internet delivered games are growing and structurally changing the future of the industry, which is a strong wind against Nintendo," said Shigeo Sugawara, senior investment manager at Sompo Japan Nipponkoa Asset Management.

Nintendo now expects an annual operating loss of 45 billion yen ($575 million), dwarfing expectations of a 4.2 billion yen loss, based on the average of 21 analyst forecasts.

"Their time of growth (from consoles) is over, and, while I don't think the company will cease to exist, if they don't move into new categories, they will no doubt lose the great scale they've amassed," said Mitsushige Akino, chief fund manager at Ichiyoshi Investment Management in Tokyo.

Nintendo cut its forecast for annual sales of its ageing Wii console to 10 million devices from 12 million, and for the 3DS handheld games device to 14 million from 16 million.

"We had higher expectations for the year-end season, but failed to meet them," President Satoru Iwata told reporters in Osaka.

Poor sales forced Nintendo to slash the price of its much-anticipated 3DS handheld games device in August, just six months after its launch.

The move halted its record of making profits on games hardware as well as software, a business model that took operating income to a high of 555 billion yen in 2008/09.

Nintendo also faces tougher competition in the home console market from Sony Corp's Move and Microsoft Corp's Kinect, and Iwata said consumers were more eager than ever to seek out bargains in the harsh economic environment.

The company plans to launch the Wii's successor, the Wii U, in Japan, the United States, Europe and Australia in the year-end season, Iwata told reporters.

But with cloud-based gaming emerging as a potential threat, Nintendo may have trouble generating excitement about its new product, some analysts say. Google is taking steps into gaming with Google TV, while Apple is thought to be preparing a new iPad and possibly a smart TV that could be game-changers for the industry.

"We think we need to consider the possibility that home consoles could become a thing of the past," Citigroup analyst Soichiro Fukuda wrote in a recent report.

"We think the direction taken by marketing trendsetter Apple will be very important and we will be watching the company's announcements at future events with interest."

PROFIT FALLS

Nintendo's profit slumped to 40.9 billion yen for the traditionally strong October-December period, compared with a consensus estimate for 52 billion yen, based on a survey of three analysts by Thomson Reuters I/B/E/S.

The results came a day after Apple blew away Wall Street's expectations with its own quarterly earnings.

Shares in Nintendo have halved to below 11,000 yen since the beginning of the financial year in April, hit by weak 3DS sales and market disappointment with the Wii U next-generation home console, unveiled at the E3 games show in June and set to go on sale late this year. At their peak, in late 2007, the shares traded at 73,200 yen.

Last week, the stock dipped to 10,020 yen, the lowest since April 2004, before either the DS or Wii were launched.

($1 = 77.58)

(Reporting by Yoshiyuki Osada in OSAKA and Isabel Reynolds in TOKYO; Editing by Edwina Gibbs and Ian Geoghegan)

Source: http://us.rd.yahoo.com/dailynews/rss/videogames/*http%3A//news.yahoo.com/s/nm/20120126/bs_nm/us_nintendo_results

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Virtual Currency Rewards: Plink Pays You Facebook Credits To Eat Out

Buy a hamburger and get rewarded with Facebook Credits to spend on a virtual cow. That's the mouth-watering promise of startup Plink, which is launching a virtual currency loyalty rewards system for restaurants. You register a credit card with Plink, and then when you make purchases at Taco Bell, 7-Eleven, Dunkin Donuts, or one of Plink's other clients you'll get Facebook Credits automatically deposited into your account.?As demand for Facebook Credits to spend on social games and media increases, expect more virtual currency incentive companies like Plink to pop up.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/gEn7-YV62aA/

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Warning over cost of asthma caused by traffic-related air pollution

Public release date: 25-Jan-2012
[ | E-mail | Share ]

Contact: Lauren Anderson
lauren.anderson@europeanlung.org
44-114-267-2876
European Lung Foundation

Experts warn cost of asthma caused by traffic-related air pollution is much higher than previous estimates

The total cost of asthma due to traffic-related air pollution is much higher than previous estimates, according to new research.

The study, published online ahead of print in the European Respiratory Journal, has revealed the true extent of the healthcare costs associated with living close to a busy road.

The researchers studied Long Beach and Riverside; two communities in Southern California that have high levels of regional air pollution and where there are large roads close to residential neighbourhoods. They analysed previous estimates of the number of asthma cases attributable to pollution exposure and multiple surveys on healthcare visits by children with asthma to estimate the yearly costs of childhood asthma.

Traditional methods of assessing the risks and costs of air pollution have not taken into account the causal relationship between pollution exposure and developing asthma, nor have they included the broader costs associated with the disease.

Instead, previous studies have been limited to pollution-related exacerbations (such as hospitalisations) of existing asthma cases. In this study, the research team used a new method of calculating costs that took into account asthma cases attributable to pollution and a broad range of costs including morbidity associated with asthma (such as sinus and ear infections) and the cost of regular care (such as daily control medication). This 'asthma career cost' estimates the lifelong costs incurred throughout the 'career' of the disease.

To estimate this cost, the researchers assessed the typical volume of health services (such as doctor visits) and number of school absences for a child with asthma each year. They then calculated costs using the average amount charged (for health services) and the average wage rate for parents or guardians (for school absences or attending medical appointments).

The total economic burden of asthma cases and asthma exacerbations due to pollution in the two communities is approximately $18 million a year, almost half of which is due to new asthma cases caused by pollution. The results also revealed that the total annual cost associated with a case of asthma was approximately 78% of average household income in both communities, which exceeds the 5% level that is widely considered sustainable for a family's healthcare expenses.

Sylvia Brandt, lead author of the study, said: "Traditional risk assessment methods for air pollution have underestimated both the overall burden of asthma and the cost of the disease associated with air pollution. Our research allows us to view the true cost of asthma attributable to air pollution as a 'career' cost.

"Our findings suggest the cost has been substantially underestimated and steps must be taken to reduce the burden of traffic-related pollution. While our study is specific to two communities in Southern California, its approach is applicable and relevant to other urban areas, especially since previous research suggests that over 50% of the population in 10 major European cities live within 150 metres of major roads."

###

---

[ | E-mail | Share ]

?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Public release date: 25-Jan-2012
[ | E-mail | Share ]

Contact: Lauren Anderson
lauren.anderson@europeanlung.org
44-114-267-2876
European Lung Foundation

Experts warn cost of asthma caused by traffic-related air pollution is much higher than previous estimates

The total cost of asthma due to traffic-related air pollution is much higher than previous estimates, according to new research.

The study, published online ahead of print in the European Respiratory Journal, has revealed the true extent of the healthcare costs associated with living close to a busy road.

The researchers studied Long Beach and Riverside; two communities in Southern California that have high levels of regional air pollution and where there are large roads close to residential neighbourhoods. They analysed previous estimates of the number of asthma cases attributable to pollution exposure and multiple surveys on healthcare visits by children with asthma to estimate the yearly costs of childhood asthma.

Traditional methods of assessing the risks and costs of air pollution have not taken into account the causal relationship between pollution exposure and developing asthma, nor have they included the broader costs associated with the disease.

Instead, previous studies have been limited to pollution-related exacerbations (such as hospitalisations) of existing asthma cases. In this study, the research team used a new method of calculating costs that took into account asthma cases attributable to pollution and a broad range of costs including morbidity associated with asthma (such as sinus and ear infections) and the cost of regular care (such as daily control medication). This 'asthma career cost' estimates the lifelong costs incurred throughout the 'career' of the disease.

To estimate this cost, the researchers assessed the typical volume of health services (such as doctor visits) and number of school absences for a child with asthma each year. They then calculated costs using the average amount charged (for health services) and the average wage rate for parents or guardians (for school absences or attending medical appointments).

The total economic burden of asthma cases and asthma exacerbations due to pollution in the two communities is approximately $18 million a year, almost half of which is due to new asthma cases caused by pollution. The results also revealed that the total annual cost associated with a case of asthma was approximately 78% of average household income in both communities, which exceeds the 5% level that is widely considered sustainable for a family's healthcare expenses.

Sylvia Brandt, lead author of the study, said: "Traditional risk assessment methods for air pollution have underestimated both the overall burden of asthma and the cost of the disease associated with air pollution. Our research allows us to view the true cost of asthma attributable to air pollution as a 'career' cost.

"Our findings suggest the cost has been substantially underestimated and steps must be taken to reduce the burden of traffic-related pollution. While our study is specific to two communities in Southern California, its approach is applicable and relevant to other urban areas, especially since previous research suggests that over 50% of the population in 10 major European cities live within 150 metres of major roads."

###

---

[ | E-mail | Share ]

?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Source: http://www.eurekalert.org/pub_releases/2012-01/elf-woc012412.php

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Kim Kardashian Donates $50,000 to The Trevor Project (omg!)

Kim Kardashian is giving back.

The Kourtney and Kim Take New York reality star recently donated the $50,000 she raised during a September 2011 fundraiser to The Trevor Project, an organization that provides suicide prevention services to LGBT teens.

PHOTOS: A-list LGBT allies

Kardashian, 31, raised the funds during a trip to the Cantor Fitzgerald offices in New York City, where she was put to work on the trading floor.

PHOTOS: Kim and sister Kourtney explore New York City

"The firm lost more than 600 employees in the 9/11 attacks on the World Trade Center in 2001 and on the 10th anniversary of the attacks, they donated all revenues from their trades to charities around the world," she wrote on her blog at the time. "I was honored to take part!"

PHOTOS: Celebrities' good deeds

Kardashian joins celebrities including Glee's Kevin McHale, Daniel Radcliffe, Adam Lambert and Kathy Griffin in supporting The Trevor Project, which aims to end suicide among lesbian, gay, bisexual, transgender and questioning young people.

Get more Us! Follow us on Twitter, Friend us on Facebook, Subscribe to Us Weekly

Source: http://us.rd.yahoo.com/dailynews/rss/entertainment/*http%3A//us.rd.yahoo.com/dailynews/external/omg_rss/rss_omg_en/news_kim_kardashian_donates50_000_trevor_project_010440411/44293391/*http%3A//omg.yahoo.com/news/kim-kardashian-donates-50-000-trevor-project-010440411.html

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97% The Artist

All Critics (172) | Top Critics (39) | Fresh (167) | Rotten (5)

'The Artist': Michel Hazanavicius's novelty film owes much to Jean Dujardin's irresistible smile

For a movie that is so much about technique, it's surprising how affecting the story is.

The Artist is the most surprising and delightful film of 2011.

A silent movie shot in sumptuous black-and-white, no less. A silent flick made with not a jot of distancing winking, but instead born of a heady affection for a bygone, very bygone, era of filmmaking.

It's a rocket to the moon fueled by unadulterated joy and pure imagination.

Strangely, wonderfully, The Artist feels as bold and innovative a moviegoing experience as James Cameron's bells-and-whistles Avatar did a couple of years ago.

'The Artist' offers a unique cinematic experience in an age when extremely loud sound effects attack our eardrums while watching so many current movies.

The Artist delights in an ingeniously straightforward way that exceeds many a modern, technologically advanced, effects-loaded, big-budget blockbuster.

A silent movie that speaks louder and with more power than a dozen films packed with pages and pages of dialogue. Definitely the year's best movie.

Imaginative, gorgeous, witty and even kind of sexy.

A gift that keeps on giving, The Artist is a film that demands your attention at every moment. All senses are glued to the screen and director Michel Hazanavicius delivers with drama, laughter, romance and stellar performances from his cast.

Has the allure of a freshness it may not entirely deserve, but one that makes it go down very smoothly.

Initially, the lack of spoken dialogue is discomfiting. Once you've adjusted to its storytelling conventions, though, you almost forget that this is a silent film.

I'm not sure Hazanavicius' love letter to the cinema is, in fact, the most outstanding movie of last year. But who would deny that it stands out from the motion-picture pack?

In a strange way, it's not unlike The Matrix -- only this time the red pill transports you into the futuristic world of sound, rather than a cynical world of two increasingly abysmal sequels.

Completely fun. Dujardin defies time periods. Bejo is all sparkly effervescence.

Was there ever a guy who could play an old school movie studio mogul like John Goodman? No.

A movie that is so old-fashioned from beginning to end that it's literally a breath of fresh air.

Visually stunning, imaginative, and cleverly scored and choreographed, The Artist is quite simply and quietly, the year's finest film.

Deeper than mere mimicry...

The Artist plays less like an original take on the early sound era than as fan fiction set in the world of Singin' in the Rain.

[C]ould have been all about the gimmick. Marvelously, it isn't. And yet its marvelousness is wrapped up in the gimmick... [A] sweet, deep passion for The Movies... throbs through The Artist and makes it sing.

A story that's so sweet and innocent, it's practically forgivable for being the awards bait it's being offered up as.

The Academy Awards are the biggest annual party that Hollywood throws for itself, and The Artist is a movie that worships Hollywood. Looks like a done deal.

See it, but remember: no talking.

A silent love song that anyone who adores film can nonetheless hear, loud and clear!

More Critic Reviews

Source: http://www.rottentomatoes.com/m/the_artist/

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EP legal service consistently overlooks known issues with ACTA ...

Today the FFII sent a letter to the European Parliament about the EP legal service?s opinion on ACTA. (pfd version, see also press release)

Dear Members of the European Parliament,

In the coming months the Parliament will have to decide whether to give consent to ACTA (Anti-Counterfeiting Trade Agreement) or not. In preparation, the INTA and JURI committees asked the Parliament?s legal service an opinion on ACTA.

We welcome the decision to release this opinion. We have compared the legal service?s opinion with multiple academic opinions on ACTA and some civil society analyses.

We found that many issues pointed out by academic opinions and the study commissioned by the INTA committee are not addressed by the legal service?s opinion.

The legal service fails to see major issues with damages, injunctions and provisional, border and criminal measures. The legal service consistently overlooks known issues. Taking the issues the legal service did not address into consideration, it is clear that ACTA goes beyond current EU law, the acquis.

The legal service underestimates problems with Internet governance and access to medicine. It fails to see ACTA is not compatible with fundamental rights, international agreements and the EU Treaties.

ACTA will negatively impact innovation, start up companies, mass digitization projects, access to medicines and Internet governance. ACTA threatens the rule of law and fundamental rights.

We call upon the Parliament to say no to ACTA.

Below we will present the main conclusions. Please find attached this letter as a pdf and the full analysis.

Yours sincerely,

Ante Wessels

Foundation for a Free Information Infrastructure

MAIN CONCLUSIONS

1. Compatibility with current EU law

Damages: The legal service overlooks that ACTA?s damages based on retail price lead to damages based on an imaginary gross revenue, which is way beyond actual loss suffered. This issue has been pointed out by NGOs, the European academics Opinion and the EP INTA study. In our analysis, we provide some simple examples which show that ACTA?s damages are much higher than EU law damages.

Border measures: Both the European Academics Opinion on ACTA and the EP INTA committee study had pointed out there is a serious issue with the condition ?not discriminate unjustifiably?. The Commission did not provide the justification to limit ACTA to EU law. While the legal service quotes article 13 ACTA, it leaves out this condition. Since DG-Trade and the US Trade Representative undermine the Doha Declaration in other fora, there is also a threat to access to medicine.

Injunctions and provisional measures: The legal service does not address the issues with injunctions and provisional measures, pointed out in multiple academic opinions.

Compatibility: Taking the issues the legal service did not address into consideration, it is clear that ACTA goes beyond current EU law, the acquis.

2. Criminal measures: The legal service fails to see ACTA removes the scale element from the definition of the crime. The legal service fails to notice ACTA criminalises everyday computer use. ACTA can be used to criminalise newspapers and websites revealing a document, office workers forwarding a file, people making a private copy and whistle-blowers revealing documents in the public interest.

3. Internet: ACTA?s criminal and heightened civil measures will also apply to the digital environment. This will put pressure on Internet Service Providers, who may decide to pre-emptively censor Internet communications. ACTA incites privatised enforcement outside the rule of law.

4. Fundamental rights: To establish whether ACTA violates fundamental rights, fair balance tests are needed. The legal service does not provide any fair balance test. The 61 pages Douwe Korff & Ian Brown opinion provides many such tests. These tests show ACTA is manifestly incompatible with fundamental rights. Just providing a general reference to fundamental rights is not enough.

The ARTICLE 19 organisation ?finds that ACTA fundamentally flawed from a freedom of expression and information perspective. If enacted, it will greatly endanger the free-flow of information and the free exchange of ideas, particularly on the internet.?

Korff & Brown conclude: ?Overall, ACTA tilts the balance of IPR protection manifestly unfairly towards one group of beneficiaries of the right to property, IP right holders, and unfairly against others, equally disproportionally interferes with a range of other fundamental rights, and provides for (or allows for) the determination of such rights in procedures that fail to allow for the taking into account of the different, competing interests, but rather, stack all the weight at one end.

This makes the entire Agreement, in our opinion, incompatible with fundamental European human rights instruments and -standards.?

5. Public health: The legal service mentions references to the TRIPS agreement and the Doha Declaration in the ACTA text. But the combination of heightened measures with a non binding reference to the Doha Declaration, and undermining the Doha Declaration in other fora does not provide sufficient safeguards for access to medicine.

6. International agreements: The legal service does not address the global pricing problem and the right to take part in cultural life. ACTA is not compatible with article 15 of the UN International Covenant on Economic, Social and Cultural Rights (ICESCR),

The ARTICLE 19 organisation also notes issues with Article 15 of the ICESCR, and with articles 17 and 19 of the UN International Covenant on Civil and Political Rights (ICCPR).

7. EU Treaties: ACTA is not compatible with article 21 Treaty on European Union (TEU): ?The Union?s action on the international scene shall be guided by the principles (?): democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms (?)?

Nor is ACTA compatible with articles 3.3, 3.5 and 5 Treaty on European Union.

Source: http://acta.ffii.org/?p=1057

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Colorado man arrested on terrorism charges (AP)

AURORA, Colo. ? The FBI arrested a refugee from Uzbekistan at Chicago's O'Hare airport on charges that he planned to travel overseas to fight for a terrorist group and give up his life if necessary, an official said Monday.

However, there was no evidence that suspect Jamshid Muhtorov was plotting attacks inside the United States, authorities said.

Muhtorov, 35, of Aurora, Colo., was arrested Saturday by members of the FBI's Denver and Chicago Joint Terrorism Task Forces.

Muhtorov, who goes by several other names, was indicted on charges of providing and attempting to provide material support to a designated foreign terrorist organization. Prosecutors allege he planned to fight for the Islamic Jihad Union, which has been blamed for suicide attacks in Uzbekistan and claimed responsibility for numerous attacks against coalition forces in Afghanistan.

An FBI affidavit said the group also carried out simultaneous suicide bombings of the U.S. and Israeli embassies and a prosecutor's office in Tashkent, Uzbekistan.

Muhtorov was arrested without incident before he could board a flight to Istanbul, Turkey, said Dean Boyd, a spokesman for the U.S. Justice Department in Washington.

Muhtorov made a brief court appearance Monday morning in Chicago and waived his rights to further hearings in the northern Illinois district. Judge Morton Denlow then ordered Muhtorov to be transferred to Denver but it wasn't immediately clear how soon that would happen.

No one answered the door Monday at an apartment where the FBI said Muhtorov lived.

Investigators obtained a search warrant for Muhtorov's apartment for a laptop computer, a Blackberry cellphone, and permission to search two email accounts they said were used by Muhtorov, according to the indictment.

The FBI said Muhtorov communicated with a contact with the terror organization by email using code words, asking to be invited to the "wedding." He also told the contact that he was "ready for any task, even with the risk of dying," the FBI said.

In April, Muhtorov emailed the contact that an associate had sent money for a "wedding gift" and expressed willingness to help with the wedding, the FBI affidavit said. In a May email, Muhtorov said he planned to travel to Istanbul and would bring a "wedding gift," the affidavit said.

The affidavit said the FBI intercepted phone calls last summer between Muhtorov and his wife in which they argued about travel plans to Kyrgyzstan or Turkey.

In a July phone call, Muhtorov told a young daughter he would never see her again, but "if she was a good Muslim girl, he will see her in heaven," the FBI said.

Neighbors said Muhtorov worked as a truck driver and lived with three children and a woman. They often cooked on a barbecue grill, and two of the children ? a girl about 6 years old and a boy about 4 ? sometimes played outside.

Cody Bank said a white, unmarked 18-wheeler truck was often parked outside the building. He said he saw Muhtorov and his family out barbecuing once a week, but he didn't talk to him.

Susan Benjamin, who lives nearby, said she sometimes saw a man and the two young children who lived in the apartment going for rides around the neighborhood in the cab of the truck.

Kevin Inman, whose apartment is in the same building as Muhtorov's, said people he assumed were in law enforcement were in and out of Muhtorov's apartment much of the day on Saturday.

If convicted, Muhtorov could face a maximum sentence of 15 years in prison, and up to a $250,000 fine.

It wasn't the first terrorism case with ties to the Denver suburb of Aurora.

Najibullah Zazi, a Denver airport shuttle driver who pleaded guilty to planning to bomb the New York City subway, also was from Aurora.

Zazi, an Afghan immigrant, bought beauty supplies in Aurora to make peroxide-based bombs. He tried to mix explosives in a hotel room in the city then drove to New York to carry out an attack just before the 2009 anniversary of the Sept. 11 attacks.

After becoming suspicious that he was being watched by law enforcement, he abandoned the plan and returned to Colorado.

Prosecutors allege Zazi and two associates went to Afghanistan in 2008 to join the Taliban and fight U.S. soldiers. They instead were recruited by al-Qaida operatives, who gave them weapons training in their Pakistan camp and asked them to become suicide bombers, authorities say.

Zazi's father, Mohammed Zazi, also of Aurora, was convicted in July of destroying evidence and lying to investigators to cover up his son's plot.

___

Paulson reported from Denver.

___

Follow Dan Elliott at http://twitter.com/DanElliottAP

Source: http://us.rd.yahoo.com/dailynews/rss/terrorism/*http%3A//news.yahoo.com/s/ap/20120123/ap_on_re_us/us_terrorism_arrest

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New Genetic Clues to Breast Cancer? (HealthDay)

SUNDAY, Jan. 22 (HealthDay News) -- Researchers have identified three new genomic regions they believe are linked with breast cancer that may help explain why some women develop the disease.

All three newly identified areas "contain interesting genes that open up new avenues for biological and clinical research," said researcher Douglas Easton, a professor of genetic epidemiology at the University of Cambridge in England.

Breast cancer is the most common cancer among women, with about 1 million new cases annually worldwide and more than 400,000 deaths a year.

Scientists conducting genome-wide association studies -- research that looks at the association between genetic factors and disease to pinpoint possible causes -- had already identified 22 breast cancer susceptibility loci. Locus is the physical location of a gene or DNA sequence on a chromosome.

"The three [newly identified] loci take the number of common susceptibility loci from 22 to 25," said Easton.

However, the three new susceptibility loci might explain only about 0.7 percent of the familial risks of breast cancer, bringing the total contribution to about 9 percent, the researchers said.

Michael Melner, scientific program director for the American Cancer Society, said this current research adds some important new clues to existing evidence, but he agreed that the number of cases likely associated with these three variants is probably low.

"So the total impact in terms of patients would be fairly small," Melner said.

The study is published online Jan. 22 in Nature Genetics.

To find the new clues, Easton's team worked with genetic information on about 57,000 breast cancer patients and 58,000 healthy women obtained from two genome-wide association studies.

The investigators zeroed in on 72 different single nucleotide polymorphisms (SNPs). A SNP -- pronounced "snip" -- is a change in which a single base in the DNA differs from the usual base. The human genome has millions of SNPs, some linked with disease, while others are normal variations.

The researchers focused on three SNPs -- on chromosomes 12p11, 12q24 and 21q21.

Easton's team found that the variant on the 12p11 chromosome is linked with both estrogen receptor-positive breast cancer (which needs estrogen to grow) and estrogen receptor-negative breast cancer. The other two variants are only linked with ER-positive cancers, they said.

One of the newly identified variants is in an area with a gene that has a role in the development of mammary glands and bones. Easton said it was already known that mammary gland development in puberty is an important period in terms of determining later cancer risk. "But these are the first susceptibility genes to be shown to be involved in this process," he said.

One of the other SNPs is in an area that can affect estrogen receptor signaling, the researchers found.

Melner, noting some of the research is "fine tuning" of other work, said in his view the new understanding of the signaling pathways and their genetic links is the most important finding.

"When you delineate a pathway, you bring up new potential targets for therapy," he said. "The more targets you have, you open up the potential for having multiple drugs and attacking a cancer more easily, without it becoming more resistant."

Overall, Melner added, the results underscore the complexity of the different mechanisms involved in breast cancer development.

More information

For more about the genetics of breast cancer, visit the American Cancer Society.

Source: http://us.rd.yahoo.com/dailynews/rss/biotech/*http%3A//news.yahoo.com/s/hsn/20120123/hl_hsn/newgeneticcluestobreastcancer

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Packers' Philbin accepts Dolphins' coaching job (AP)

MIAMI ? A month of wrenching emotion for Green Bay Packers offensive coordinator Joe Philbin took another turn Friday when he landed the Miami Dolphins' head coaching job.

The deal was sealed less than two weeks after Philbin's 21-year-old son drowned in an icy Wisconsin river. The Dolphins confirmed the hiring in a news release and plan a news conference Saturday.

Philbin, who has never been a head coach, first interviewed with Miami on Jan. 7. The body of son Michael, one of Philbin's six children, was recovered the next day in Oshkosh.

After spending a week away from the Packers, Philbin rejoined the team last Sunday for its divisional playoff loss to the New York Giants.

Philbin has been with Green Bay since 2003, serving as offensive coordinator since 2007. Coach Mike McCarthy called the plays, but Philbin put together the game plan for one of the NFL's most prolific offenses.

The Dolphins' top choice, Jeff Fisher, turned them down a week ago to become coach of the St. Louis Rams. Miami owner Stephen Ross and general manager Jeff Ireland then conducted a second round of interviews this week with Philbin, Denver Broncos offensive coordinator Mike McCoy and Todd Bowles, the Dolphins' interim coach at the end of the season.

"Joe has all the attributes that we were looking for when we started this process," Ross said in a statement. "Jeff Ireland and I felt Joe was the right choice to bring the Dolphins back to the success we enjoyed in the past."

The Dolphins are coming off a third consecutive losing season, their longest such stretch since the 1960s. Even so, Philbin called them "one of the premier franchises in professional sports."

"The Dolphins have a strong nucleus to build around," he said in a statement. "And working with everyone in the organization, I know that together we will return the team to its winning tradition."

Ross fired Tony Sparano last month with three games to go in his fourth year as the Dolphins' coach. When the search for a new coach began, Ross said he would like to give the franchise much-needed stability by hiring "a young Don Shula."

Instead he chose the 50-year-old Philbin, who has 28 years of coaching experience, including 19 years in college.

With Philbin's help, the Packers have ranked in the top 10 in the NFL in yardage each of the past five seasons, including third in 2011. A year ago they won the Super Bowl.

"A huge congratulations to Joe Philbin," Green Bay tight end Jermichael Finley tweeted. "No one deserves it more than this guy. The Pack will miss him!"

The hiring might give the Dolphins an edge if they decide to pursue Packers backup quarterback Matt Flynn, who becomes a free agent this offseason. Flynn set Packers records with 480 yards passing and six touchdowns in their regular-season finale. Philbin played a major role in the development of Flynn and Pro Bowl quarterback Aaron Rodgers.

"Worked five years with Joe Philbin," former Packers executive Andrew Brandt tweeted. "Calm, cerebral, humble and a skilled offensive mind. His style will resonate with players."

Assistants becoming first-time NFL head coaches have had mixed results in recent years. The group includes the Ravens' John Harbaugh, the Saints' Sean Peyton and the Steelers' Mike Tomlin, but also three coaches recently fired ? Jim Caldwell by the Colts, Todd Haley by the Chiefs and Steve Spagnuolo by the Rams.

Before joining the Packers, Philbin was Iowa's offensive line coach for four years. The former small-college tight end has been an offensive coordinator at Harvard, Northeastern and Allegheny College.

Philbin becomes the seventh coach in the past eight years for the Dolphins, who went 6-10 this season and missed the playoffs for the ninth time in the past decade. It has been 19 years since they reached the AFC championship game, 27 years since they reached the Super Bowl and 38 years since they won an NFL title.

Perhaps mindful of the drought, former Miami coach Jimmy Johnson offered this tweet: "Joe Philbin new Dolphin coach..good luck!"

Philbin will now begin assembling a staff. Bowles might remain as a replacement for defensive coordinator Mike Nolan, who took the same job this week with the Atlanta Falcons.

Source: http://us.rd.yahoo.com/dailynews/rss/topstories/*http%3A//news.yahoo.com/s/ap/20120121/ap_on_sp_fo_ne/fbn_dolphins_philbin_hired

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Climbing higher at German wind farm

A German wind farm offers a ropes course at the foot of a towering wind turbine, providing an alternative view of green energy.

? A local, slice-of-life story from a Monitor correspondent.

Skip to next paragraph

Welcome to the world?s first ropes course ever installed on a wind farm. Built by the Juwi Group, one of Germany?s leading renewable-energy companies, and located at the foot of one of the farm?s 10 towering wind turbines, it?s attracting tourists in droves.

Why would a green company also build a climbing ropes course?

Think you know Europe? Take our geography quiz.

?We wanted to make the windmills more inviting,? says Ricarda Schuller, a spokesperson for Juwi. As interest in green energy use grows, the interactive course could help provide an alternative view of wind farms, which are often criticized here for being eyesores.

The course also fits into the company?s overall philosophy of providing attractive services to its employees: In addition to the ropes course, Juwi has a kindergarten, a swimming pool, and a beach volleyball court.

Think you know Europe? Take our geography quiz.

Get daily or weekly updates from CSMonitor.com delivered to your inbox.?Sign up today.

Source: http://rss.csmonitor.com/~r/csmonitor/globalnews/~3/YlMLxyBagxY/Climbing-higher-at-German-wind-farm

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Video: Romney evades tax questions

Miracle baby born from single sperm

An Ohio man who made no sperm and his wife, who had few eggs, have become parents thanks to a first-ever Cleveland Clinic case in which a single sperm that was frozen and injected into an egg resulted in pregnancy. Here, Jason and Jennifer Schiraldi pose with Kenley,9 months.

Source: http://www.msnbc.msn.com/id/3036697/vp/46076802#46076802

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NewsDaily: Congress has legal clout on Keystone pipeline: study

Congress has legal clout on Keystone pipeline: study

---

By Roberta RamptonPosted 2012/01/20 at 8:34 pm EST

WASHINGTON, Jan. 20, 2012 (Reuters) ? The Congress has the constitutional right to legislate permits for cross-border oil pipelines like TransCanada's Keystone XL, according to a new legal analysis released late on Friday.

The study by the nonpartisan Congressional Research Service could give a boost to Republicans drafting legislation to overturn a decision this week by President Barack Obama to put the $7 billion Alberta-to-Texas project on ice.

Historically, U.S. presidents have made executive decisions on pipelines that cross borders. But Congress had the power all along to weigh in on the permits, said the study, done by four legislative attorneys with the CRS.

"If Congress chose to assert its authority in the area of border-crossing facilities, this would likely be considered within its Constitutionally enumerated authority to regulate foreign commerce," the study said.

Republicans in Congress have elevated the Canadian pipeline and the construction jobs it would create as a top election-year issue, accusing Obama of caving to environmental groups. They pushed to include a deadline for a permit approval in a payroll tax cut bill that Obama signed into law in December.

But this week, Obama and the State Department said an environmental review of a portion of the proposed pipeline could not be rushed, closing the door on a quick start to the project.

REPORT "HELPS THE CONVERSATION"

The CRS report "greatly helps the conversation" among Senate and House Republicans strategizing about how to keep the project alive, said Ryan Bernstein, an energy advisor for Senator John Hoeven of North Dakota.

"I think this confirms what we've been saying along - Congress has the authority to approve the Keystone pipeline," said Bernstein, who is helping Hoeven draft legislation that would see Congress green-light the project.

Earlier on Friday, Republicans in the House of Representatives said they were considering using upcoming payroll tax cut or highway construction bills to force quick approval of the pipeline.

Representative Lee Terry, whose home state of Nebraska would host part of the pipeline, has drafted legislation to shift the Keystone decision-making process from the Obama administration to the independent Federal Energy Regulatory Commission, which regulates pipelines in the United States.

The House Energy and Commerce Committee will hold a hearing on Wednesday about Terry's bill and other Keystone measures.

(Editing by Philip Barbara)

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Source: http://www.newsdaily.com/stories/tre80k043-us-usa-pipeline-legislation/

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Man pleads no contest to stalking Halle Berry

FILE - In this May 25, 2011 file photo, actress Halle Berry attends The Fragrance Foundation's 2011 FiFi Awards at The Tent at Lincoln Center in New York. Richard A. Franco, 28, pleaded no contest Thursday, Jan. 19, 2012, in Los Angeles to stalking the actress and received a jail sentence, probation and was ordered to stay away from the Oscar-winner for 10 years. (AP Photo/Evan Agostini, file)

FILE - In this May 25, 2011 file photo, actress Halle Berry attends The Fragrance Foundation's 2011 FiFi Awards at The Tent at Lincoln Center in New York. Richard A. Franco, 28, pleaded no contest Thursday, Jan. 19, 2012, in Los Angeles to stalking the actress and received a jail sentence, probation and was ordered to stay away from the Oscar-winner for 10 years. (AP Photo/Evan Agostini, file)

LOS ANGELES (AP) ? A man accused of scaling the fence of Halle Berry's house will remain in jail after pleading no contest to stalking the Oscar-winning actress.

Deputy District Attorney Wendy Segall says Richard A. Franco was sentenced to serve 386 days in county jail Thursday, but he has already served half the term.

The 28-year-old was also placed on five years' probation, a year of psychological counseling and ordered to stay away from the actress for the next decade.

Franco was arrested outside Berry's home in July after repeatedly coming onto her property. In one instance, the actress stated in a sworn declaration that Franco attempted to enter her kitchen, but she was able to lock the door before he got inside.

A burglary charge filed against Franco was dropped.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-01-19-US-People-Halle-Berry/id-c5109e58c5184c269d203f19888b23de

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Romney hobbles through debate ahead of South Carolina primary (reuters)

Share With Friends: | | Politics - Top Stories News, RSS and RSS Feed via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/188842699?client_source=feed&format=rss

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Relief in Spain, tension in Greece for euro zone (Reuters)

MADRID/ATHENS (Reuters) ? The embattled euro zone cleared a major funding test on Thursday when Spain romped through a key bond sale, while signs pointed to only a mild recession for the 17-nation bloc.

Talks between Greece and its creditors remained deadlocked, however, threatening to derail a needed bailout and keep the region's all-consuming debt crisis on the boil.

A Reuters poll of economists pointed to the euro zone wallowing in a mild recession until the second half of this year, but contracting by just 0.3 percent for the year compared with a forecast three months ago of 0.9 percent.

At the same time, the International Monetary Fund is expecting the euro zone economy to contract by 0.5 percent in 2012, according to draft document reported by the Italian news agency ANSA.

Neither figure is comforting, but both suggest a downturn is seen as short and shallow.

European Central Bank President Mario Draghi, speaking in Abu Dhabi, repeated his view that the euro zone economy is fragile.

"We see a softening business cycle in Europe with significant downside risk. We also see some tentative signs... but I have to be quite cautious here... some tentative signs of stabilization of economic activity at low levels," he said.

"All this is subject to downside risk, in other words it can get worse."

One key risk is if the debt crisis intensifies, pushing borrowing costs to unsustainable levels and driving a further wedge between the robust northern euro zone economies such as Germany and The Netherlands, and the debt-laden south.

CHEAP MONEY

Spain's auction of benchmark 10-year bonds was a major test of investor appetite in the peripheral euro zone country. Short-term auctions last week had been successful but Thursday's sale was for longer-dated bonds.

It raised more than forecast at 3 billion euros, at a yield of 5.403 percent, a drop of more than 1.5 percentage points since the same bond was last sold in November.

The sale signaled that markets have largely shrugged off last week's salvo of euro zone rating downgrades from Standard & Poor's, an impression reinforced by a strong bond sale in Paris.

"These results are bullish for both Spain and the broader periphery and stand to further underpin the ongoing 'risk-on' tone... For now.. the glass half-full brigade have the upper hand," said Richard McGuire, rate strategist at Rabobank in London.

Euro zone bond auctions have been largely successful since the ECB offered nearly half a trillion euros of cheap, three-year loans to push investors towards buying government bonds and lowering borrowing costs.

"We start seeing also a fall of the longer-term part of the yield curve as well. I think that by and large this measure has really avoided a serious funding crisis that European banks might have to face," Draghi told reporters.

LITTLE PROGRESS IN GREECE

Greece remains the fly in the ointment, with Athens locked in negotiations with creditors on a deal to reschedule its debt and avoid an uncontrolled default.

Nearly a week after talks hit an impasse, the two sides remain bogged down over the coupon, or interest payment, that Greece must offer on new bonds under a debt swap.

Athens and its foreign lenders offered a coupon of just over 3.5 percent during a two-hour meeting on Wednesday, but bondholders rejected that as too low, one source said. They were angling for a coupon of at least 4 percent, one source said.

A senior Greek official also played down speculation that terms of a deal had been nearly pinned down, saying: "Nothing has been concluded yet."

The two sides must thrash out a deal within days to pave the way for Greece to receive a new infusion of aid and avoid bankruptcy when 14.5 billion euros ($18.5 billion) of bond redemptions fall due in late March.

Kept afloat by bailout loans, Greece faces the threat of having to leave the euro zone and slumping into further economic and social misery if it fails to come to grips with its debt, including securing a deal with the private bond holders.

"Now is the crucial moment in the final battle for the debt swap and the crucial moment in the final and definitive battle for the new bailout," Finance Minister Evangelos Venizelos told parliament. "Now, now! Now is the time to negotiate for the sake of the country."

(Additional reporting by Andy Bruce in London and Martina Fuchs and Martin Dokoupil in Abu Dhabi; Writing by Jeremy Gaunt; Editing by Hugh Lawson)

Source: http://us.rd.yahoo.com/dailynews/rss/economy/*http%3A//news.yahoo.com/s/nm/20120119/bs_nm/us_eurozone

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Michelle Obama heading to Leno's 'Tonight Show' (AP)

BURBANK, Calif. ? First lady Michelle Obama is headed to Jay Leno's stage later this month.

NBC announced Thursday that the first lady will appear on "The Tonight Show" on Jan. 31, where she's expected to talk about life in the White House, her fitness initiative for children and her upcoming book about the White House kitchen garden.

She was a guest on the program in 2008 when her husband was a candidate and also appeared via satellite hookup from the White House on "The Jay Leno Show" in 2009, the host's perch before returning to "The Tonight Show."

Source: http://us.rd.yahoo.com/dailynews/rss/tv/*http%3A//news.yahoo.com/s/ap/20120119/ap_en_tv/us_michelle_obama_leno

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Wall Street rises but off highs as Citi sinks (Reuters)

NEW YORK (Reuters) ? Stocks advanced on Tuesday, pushing the S&P 500 to its highest since early August, but sharply pared gains late in the session as Citigroup's steep drop in profit gave investors a reason to unload bank shares.

The financial sector, which has outperformed the broader market so far this year, took a hit on investors' disappointment with Citigroup Inc's (C.N) earnings.

Citigroup's stock slid 8.1 percent to $28.25 after it reported weaker-than-expected earnings. The KBW Banks Index lost 1.4 percent. Through Friday, the KBW Banks Index was up about 10 percent for the year, while the S&P 500 was about 2 percent higher.

The banks' sell-off poured cold water on a rally that drove the S&P 500 through 1,300 for the first time since August.

Stocks rallied about 1 percent across the board after data showed China's economic growth was better than expected, even though it expanded at the weakest pace in 2-1/2 years.

"The better numbers out of China this morning got the market off to a better start, but then there wasn't much follow-through, and you have had what looked to be from JPMorgan and Citigroup not very good-looking earnings," said Eric Kuby, chief investment officer of North Star Investment Management Corp., in Chicago.

Citigroup's results followed similarly disappointing earnings on Friday from JPMorgan Chase & Co (JPM.N).

The Dow Jones industrial average (.DJI) rose 60.01 points, or 0.48 percent, to 12,482.07 at the close. The Standard & Poor's 500 Index (.SPX) added 4.58 points, or 0.36 percent, to 1,293.67. The Nasdaq Composite Index (.IXIC) gained 17.41 points, or 0.64 percent, to 2,728.08.

Bank shares also suffered on Friday ahead of the widely expected announcement by Standard & Poor's that it was downgrading the credit ratings of nine euro-zone countries.

"It was expected that some of the big banks would continue struggling, especially those heavily involved in investment banking because that part of the financial system has clearly slowed down," said Bryant Evans, investment advisor and portfolio manager at Cozad Asset Management, in Champaign, Illinois.

While Wells Fargo & Co (WFC.N) posted a 20 percent jump in quarterly profit, its stock, which earlier had risen more than 1 percent to a session high at $30.69, pulled back sharply from that peak and ended up just 0.7 percent at $29.81.

The Nasdaq outperformed the other major U.S. stock indexes, with shares of Applied Materials (AMAT.O) up 2.4 percent at $11.78. RBC upgraded the stock to "outperform."

The benchmark S&P 500 briefly moved above 1,300 on an intraday basis for the first time since August 1. Analysts said a substantial move past that resistance point could trigger more buying.

On the downside, Carnival Corp (CCL.N) shares slid 13.7 percent to $29.60 as its Italian unit, Costa Crociere, struggled to locate missing passengers after a cruise liner capsized. Fellow cruise operator Royal Caribbean Cruises Ltd (RCL.N) fell 6.2 percent to $26.97.

On the U.S. economic front, a gauge of manufacturing in New York State rose to its highest level in nine months, keeping in line with the trend of modest improvement in U.S. economic data.

Volume totaled 6.74 billion shares traded on the New York Stock Exchange, NYSE Amex and Nasdaq, just above the daily average of 6.68 billion.

Advancing stocks outnumbered declining ones on the NYSE by about 3 to 2, while on the Nasdaq, advancers beat decliners by about 13 to 12.

(Reporting By Caroline Valetkevitch,; Editing by Jan Paschal)

Source: http://us.rd.yahoo.com/dailynews/rss/business/*http%3A//news.yahoo.com/s/nm/20120117/bs_nm/us_markets_stocks

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Bruce Jenner -- I'm Scarred from Skin Cancer | TMZ.com

Bruce Jenner I'm Scarred From Skin Cancer

Those stitches on Bruce Jenner's face are the aftermath of a serious skin cancer removal surgery ... TMZ has learned.

Sources connected with Jenner tell us ... Bruce went under the knife Friday.?

Bruce went to the doctor because he saw a small red mark on his face. His doctor removed a piece of it and after a biopsy it was determined to be skin cancer.

Bruce went to an outpatient facility and had a chunk of the surrounding area removed. Doctors told Bruce they caught it in time, but warned him not to go out in the sun -- especially when he plays golf? -- without wearing a hat.?

Source: http://www.tmz.com/2012/01/17/bruce-jenner-skin-cancer-surgery/

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European court: Cleric can't be deported from UK (AP)

LONDON ? An extremist cleric described as one of Europe's leading al-Qaida operatives should not be deported to face terrorism charges in Jordan because of the risk evidence obtained through torture would be used against him, Europe's highest court ruled Tuesday.

After a six-year legal battle, the European Court of Human Rights ruled that deporting Abu Qatada from Britain ? where he is in prison ? would "give rise to a flagrant denial of justice."

Abu Qatada ? whose real name is Omar Mahmoud Mohammed Othman ? is an extremist Muslim preacher from Jordan who has been described in both Spanish and British courts as a leading al-Qaida figure in Europe.

A Palestinian-Jordanian citizen, Abu Qatada arrived in Britain in 1993 and was detained in 2002 under anti-terrorism laws which at the time allowed suspected terrorists to be held in jail without charge.

Though Abu Qatada was released in 2005, when the unpopular law was overturned, he was kept under surveillance and arrested again within months, to be held pending his deportation to face terrorism charges in Jordan.

He was convicted in his absence in Jordan of terrorist offenses related to two alleged bomb plots in 1999 and 2000, and would face a retrial if deported there from Britain.

Although Abu Qatada has never faced criminal charges in Britain, authorities in the U.K. have accused him of advising militants and raising money for terrorist attacks. He "is a leading spiritual adviser with extensive links to, and influence over, extreme Islamists in the U.K. and overseas," prosecutors told a British court in 2007.

Britain's Home Secretary Theresa May said she was disappointed by the ruling and the government would consider appealing the European court's decision. It has a three-month window in which to make any appeal, the court said.

"This is not the end of the road," May said. She confirmed Abu Qatada would remain held in British prison custody while a decision is made.

May has not specified what Britain would do if it loses any appeal, though it is likely Abu Qatada would be freed from prison and monitored under a surveillance program which requires those suspected of involvement in terrorism, but not charged with any crime, to abide by a curfew and wear an electronic anklet.

Abu Qatada's lawyer, Gareth Peirce, said the European court had sent a clear message that it would be wrong to prosecute a suspect on "evidence emanating from torture."

Peirce said she hoped Britain would not appeal and that the U.K. had been wrong to press to have her client deported since 2005.

"The court's judgment of today is long, thoughtful and complex, and sets out important guidelines for Europe's member states on a number of difficult issues," she said. "It would indeed be disappointing if the implications of this judgment were not carefully and adequately digested and the United Kingdom were to continue a challenge which flies so directly in the face of internationally accepted standards."

Britain's Special Immigration Appeals Commission has previously been told Abu Qatada also was suspected of links to a bomb plot in Strasbourg, France, and to the raising of funds for terrorism in Chechnya.

In their ruling, the European judges based in Strasbourg said they did not accept Abu Qatada's claims that he would face ill treatment or torture at the hands of Jordanian authorities if sent there for trial, citing recent agreements between Jordan and the U.K.

But the judges warned that evidence in his case had been obtained by torturing his co-accused.

"The court found that torture was widespread in Jordan, as was the use of torture evidence by the Jordanian courts," the ruling said. "In relation to each of the two terrorist conspiracies ... the evidence of his involvement had been obtained by torturing one of his co-defendants."

Judges said evidence obtained through torture is illegal under international law and is also unreliable. The ruling said "there was a high probability that the incriminating evidence would be admitted ... and that it would be of considerable, perhaps decisive, importance."

Britain's highest court had ruled in 2009 that Abu Qatada should be deported to Jordan, despite fears over his potential mistreatment.

Human rights group Liberty urged the British government to make efforts to have Abu Qatada prosecuted in Britain.

"The court found that torture and evidence obtained that way is widespread" in Jordan, Shami Chakrabarti, the group's director, said in a statement. "So it is clear that, if Abu Qatada is to be tried for terrorism, this should happen in a British court without further delay."

British Prime Minister David Cameron will call for reform of the European court in a long-planned speech next week at the Strasbourg-based Council of Europe. He has frequently complained over the human rights court's rulings and said it had made him "physically ill" when Britain was ordered in 2010 to overturn a centuries-old law and allow prisoners to vote in national elections.

"We have been talking for some time about reform for the European Court of Human Rights," Cameron's spokesman Steve Field said following the Abu Qatada ruling. Field said the court's backlog of about 160,000 cases proved "something isn't working quite as it should be."

Cameron believes the court must focus on the most important cases "rather than essentially being a court of appeal for national judgments," the spokesman said.

Source: http://us.rd.yahoo.com/dailynews/rss/terrorism/*http%3A//news.yahoo.com/s/ap/20120117/ap_on_re_eu/eu_britain_radical_preacher

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