Thursday, January 3, 2013

Utah school stops musical with Elvis songs as racy

(AP) ? A parent who was "All Shook Up" about Elvis Presley songs in a high-school drama prompted educators to cancel the production, deeming it too sexually suggestive.

Presley warbles over a sweetheart whose "lips are like a volcano that's hot" in his 1957 song. "I'm proud to say she's my buttercup. I'm in love. I'm all shook up."

Presley's song lyrics and a scene suggesting cross-dressing were deemed offensive by school administrators in a Salt Lake City suburb.

Rehearsals for "All Shook Up" were canceled before the play was made ready for production at Herriman High School, said Sandy Riesgraf, spokeswoman for the Jordan School District.

The American jukebox musical borrows from Presley's songbook and puts a modern twist on William Shakespeare's "Twelfth Night."

Some think school administrators folded too easily.

"I'm at a loss," Jill Fishback, whose daughter worked on the production, told The Salt Lake Tribune. "They're singing Elvis songs. A girl dresses up as a boy and kisses a boy. ... It's not promoting homosexuality. It was supposed to be a farce."

It wasn't the first time some Utah parents put an end to a school drama. In August, the family values group Eagle Forum got Jordan School District administrators to cancel a production of "Dead Man Walking," a play about a Catholic nun who counsels a death-row inmate in Louisiana.

"Dead Man Walking" was scratched even though administrators said much of its profanity had been stripped from the script.

The unidentified parent who got all hot and bothered over "All Shook Up" alerted officials to parts of the script that were deemed offensive.

"We want our drama to be a great experience not just for our students but the theater-goers. We don't want to offend anyone," Riesgraf said Wednesday. "What was communicated to us, they were upset with sexually explicit language and some other aspects of the play ? what they deemed cross-dressing."

The backlash over "Dead Man Walking" prompted policy changes that allowed administrators to quickly eliminate "All Shook Up" from production.

Jordan officials gave parents a greater role over student plays. They required actors to secure a parent's permission and drama teachers to seek clearance for plays not on an approved list.

It wasn't immediately clear Thursday how "All Shook Up" got off the ground. It had been in rehearsal for months. Riesgraf said another drama yet to be selected will replace it.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/4e67281c3f754d0696fbfdee0f3f1469/Article_2013-01-03-Elvis%20Musical-Sexual%20Content/id-ebb74b39445241038ec36d149d52f852

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Flu? Malaria? Disease forecasters look to the sky

In this Thursday, Dec. 13, 2012 photo, Jeffrey Shaman poses for a portrait in his office at Columbia University's Department of Environmental Health Sciences in New York. In the study of New York City flu cases published last month in the Proceedings of the National Academy of Sciences, the authors said they could forecast, by up to seven weeks, the peak of flu season. Scientists hope to try real-time predictions as early as next year, said Jeffrey Shaman of Columbia University, who led the work. (AP Photo/Mary Altaffer)

In this Thursday, Dec. 13, 2012 photo, Jeffrey Shaman poses for a portrait in his office at Columbia University's Department of Environmental Health Sciences in New York. In the study of New York City flu cases published last month in the Proceedings of the National Academy of Sciences, the authors said they could forecast, by up to seven weeks, the peak of flu season. Scientists hope to try real-time predictions as early as next year, said Jeffrey Shaman of Columbia University, who led the work. (AP Photo/Mary Altaffer)

FILE - In this Friday, May 11, 2007 photo, a mosquito is sorted according to species and gender before testing for West Nile Virus at the Dallas County mosquito lab in Dallas. Scientists have been working on mathematical models to predict outbreaks for decades and have long factored in the weather. They have known, for example, that temperature and rainfall affect the breeding of mosquitoes that carry malaria, West Nile virus and other dangerous diseases. (AP Photo/LM Otero, File)

NEW YORK (AP) ? Only a 10 percent chance of showers today, but a 70 percent chance of flu next month.

That's the kind of forecasting health scientists are trying to move toward, as they increasingly include weather data in their attempts to predict disease outbreaks.

In one recent study, two scientists reported they could predict ? more than seven weeks in advance ? when flu season was going to peak in New York City. Theirs was just the latest in a growing wave of computer models that factor in rainfall, temperature or other weather conditions to forecast disease.

Health officials are excited by this kind of work and the idea that it could be used to fine-tune vaccination campaigns or other disease prevention efforts.

At the same time, experts note that outbreaks are influenced as much, or more, by human behavior and other factors as by the weather. Some argue weather-based outbreak predictions still have a long way to go. And when government health officials warned in early December that flu season seemed to be off to an early start, they said there was no evidence it was driven by the weather.

This disease-forecasting concept is not new: Scientists have been working on mathematical models to predict outbreaks for decades and have long factored in the weather. They have known, for example, that temperature and rainfall affect the breeding of mosquitoes that carry malaria, West Nile virus and other dangerous diseases.

Recent improvements in weather-tracking have helped, including satellite technology and more sophisticated computer data processing.

As a result, "in the last five years or so, there's been quite an improvement and acceleration" in weather-focused disease modeling, said Ira Longini, a University of Florida biostatistician who's worked on outbreak prediction projects.

Some models have been labeled successes.

In the United States, researchers at Johns Hopkins University and the University of New Mexico tried to predict outbreaks of hantavirus in the late 1990s. They used rain and snow data and other information to study patterns of plant growth that attract rodents. People catch the disease from the droppings of infected rodents.

"We predicted what would happen later that year," said Gregory Glass, a Johns Hopkins researcher who worked on the project.

More recently, in east Africa, satellites have been used to predict rainfall by measuring sea-surface temperatures and cloud density. That's been used to generate "risk maps" for Rift Valley fever ? a virus that spreads from animals to people and in severe cases can cause blindness or death. Researchers have said the system in some cases has given two to six weeks advance warning.

Last year, other researchers using satellite data in east Africa said they found that a small change in average temperature was a warning sign cholera cases would double within four months.

"We are getting very close to developing a viable forecasting system" against cholera that can help health officials in African countries ramp up emergency vaccinations and other efforts, said a statement by one of the authors, Rita Reyburn of the International Vaccine Institute in Seoul, South Korea.

Some diseases are hard to forecast, such as West Nile virus. Last year, the U.S. suffered one of its worst years since the virus arrived in 1999. There were more than 2,600 serious illnesses and nearly 240 deaths.

Officials said the mild winter, early spring and very hot summer helped spur mosquito breeding and the spread of the virus. But the danger wasn't spread uniformly. In Texas, the Dallas area was particularly hard-hit, while other places, including some with similar weather patterns and the same type of mosquitoes, were not as affected.

"Why Dallas, and not areas with similar ecological conditions? We don't really know," said Roger Nasci of the Centers for Disease Control and Prevention. He is chief of the CDC branch that tracks insect-borne viruses.

Some think flu lends itself to outbreak forecasting ? there's already a predictability to the annual winter flu season. But that's been tricky, too.

Seasonal flu reports come from doctors' offices, but those show the disease when it's already spreading. Some researchers have studied tweets on Twitter and searches on Google, but their work has offered a jump of only a week or two on traditional methods.

In the study of New York City flu cases published last month in the Proceedings of the National Academy of Sciences, the authors said they could forecast, by up to seven weeks, the peak of flu season.

They designed a model based on weather and flu data from past years, 2003-09. In part, their design was based on earlier studies that found flu virus spreads better when the air is dry and turns colder. They made calculations based on humidity readings and on Google Flu Trends, which tracks how many people are searching each day for information on flu-related topics (often because they're beginning to feel ill).

Using that model, they hope to try real-time predictions as early as next year, said Jeffrey Shaman of Columbia University, who led the work.

"It's certainly exciting," said Lyn Finelli, the CDC's flu surveillance chief. She said the CDC supports Shaman's work, but agency officials are eager to see follow-up studies showing the model can predict flu trends in places different from New York, like Miami.

Despite the optimism by some, Dr. Edward Ryan, a Harvard University professor of immunology and infectious diseases, is cautious about weather-based prediction models. "I'm not sure any of them are ready for prime time," he said.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2013-01-03-Disease%20Forecasting/id-6066f007eae94ee2b2d225b8225b1824

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How the Left Views the ?Cliff? Deal (Powerlineblog)

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Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/274290808?client_source=feed&format=rss

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Google-FTC Antitrust Settlement Imminent, Microsoft Preemptively ...

Much is already known about the contours of the likely antitrust settlement between Google and the US Federal Trade Commission (FTC). The terms of the settlement were previously ?leaked? (intentionally or otherwise) a couple of weeks ago and critics quickly berated the FTC as having ?rolled over.?

Broadly speaking, the rumors were that Google would make certain ?voluntary changes? and avoid a consent decree (mostly) or any formal finding of antitrust violations. The settlement was supposedly to be announced in mid-to-late December but was delayed amid harsh criticism the FTC received following these settlement leaks. It?s also being reported today that the FTC may be waiting for the European Commission to resolve its parallel inquiry and settlement negotiations with Google.

Regardless of what motivated the delay here?s what we understand and think is going to happen with the FTC settlement, which is now imminent:

  • Opting out of snippets: publishers are going to get the broad ability to opt-out of snippets/content excerpts for specialized search results but still remain in the general index. This is much like what Yelp accomplished: remaining in the general index but denying Google the ability to include its content in local pages results. The model may be what Google currently does with News and opting out.
  • An ads API: Google will likely enable ad campaigns to be easily ported (via API) to Microsoft?s adCenter or any other third party ad platform. This is a victory for Microsoft.
  • Mobile patent licensing on ?FRAND? terms: see discussion below

The first two will probably come without the entry of any consent decree. Various Google critics, including Microsoft Deputy General Counsel Dave Heiner, argue that these ?voluntary commitments? may thus be unenforceable. However that?s not necessarily true.

Section 5 of the FTC Act could provide a basis for future enforcement if Google should fail to make good on its promises. Section 5 prohibits ?unfair methods of competition? and/or? ?unfair or deceptive acts or practices.? The FTC has used this section as the basis of enforcement actions against Google in the past. However without a consent decree the FTC would not be able to fine Google should it not live up to these ?voluntary agreements.?

A third part of the settlement (or perhaps an independent settlement) is expected to include Google?s agreement to license certain ?standards-essential? mobile patents, acquired along with Motorola, to third parties such as Apple, Nokia, Microsoft on ?fair and reasonable? (?FRAND?) terms. This could be perceived as a win for those competitors.

Google had been using mobile patents aggressively to try and block imports of competing products (i.e., Apple iPhone). The company will no longer be able to wield those patents as a ?sword? in the wake of the FTC settlement. In addition, the patents agreement could well come with a consent decree. A consent decree could be the basis of subsequent legal action or litigation and would enable the FTC to levy fines and penalties against Google if violated.

Still, assuming what I?ve said is basically correct, Google dodges a major bullet it would appear. Completely gone is the ?search bias? claim and any potential intervention or involvement with the SERP or Google?s algorithm. The search bias argument was always one of the hardest and most unconvincing parts of any potential case against Google ? though it?s the issue competitors probably care most about.

It remains to be seen what the Europeans do. Because of the greater discretion of their regulators they arguably have a stronger negotiating position than the FTC. The Europeans also seem more intent on exacting bigger concessions from Google than the FTC. Yet a full-blown antitrust action against the company in Europe is unlikely.

US States Attorneys General may still independently pursue antitrust actions against Google irrespective of any FTC settlement. Texas currently has an active antitrust investigation against the company and could later be joined by other states (e.g., New York, California Ohio, Oklahoma) in a combined multi-state action if there were enough legal and political will. Presumably the burdens of proof would be the same for the states as for the FTC in any such action.

Indeed, if the FTC ?lets Google off easy? you can expect Google?s rivals and critics to take the battle to the Attorneys General or possibly the US Department of Justice.

Postscript: Bloomberg reports the formal FTC-Google settlement announcement will come tomorrow:

The U.S. Federal Trade Commission is poised to announce that Google has agreed to voluntarily change some business practices and settle allegations it misused patents to thwart competitors in smartphone technology, said the people, who asked not to be named because the decision isn?t public . .? .

As part of its voluntary concessions, Google will make changes in the way it uses content from other websites and allow advertisers to export data to other platforms, the people said.

Related Topics: Google: Antitrust | Google: Legal | Legal: Regulation | Top News



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Source: http://searchengineland.com/google-ftc-antitrust-settlement-imminent-microsoft-preemptively-objecting-143979

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Wednesday, January 2, 2013

Amazon gets Apple's false advertising claim dismissed from trademark infringement lawsuit

Amazon gets Apple's false advertising claim dismissed from trademark infringement lawsuitIt's been awhile since we last had news from Apple's App Store-based trademark infringement lawsuit against Amazon. Today, Amazon got Apple's claim for false advertising dismissed from that very same case after filing for partial summary judgement. In finding for Amazon, the judge held that Apple failed to identify a single false statement (expressly stated or implied) that Amazon made about the nature, characteristics, or quality of the Amazon Appstore that would deceive customers into thinking it was the same as the Apple App Store -- a legal requirement to establish false advertising under federal law. Not a bad way for Bezos to ring in the new year, eh?

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Comments

Via: Bloomberg

Source: Court Order [PDF]

Source: http://www.engadget.com/2013/01/02/amazon-gets-apples-false-advertising-claim-dismissed-from-trade/

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Poll: Obama begins term facing pessimistic public

President Barack Obama delivers remarks alongside Vice President Joe Biden on Jan. 1. (Jonathan Ernst/Reuters)As President Barack Obama heads into his second term, he faces a pessimistic and weary public, according to a USA Today/Gallup poll released late Tuesday.

The percentage of Americans satisfied with the direction of the country stands at a paltry 23 percent in a poll taken Dec. 14-17. By a margin of 50 to 47 percent, respondents said the country's best years are over.

Fifty percent of respondents said it is somewhat or very unlikely that today's youth will have a better life than their parents.

That pessimism and negativity extends to the president, according to the poll.

When respondents were asked to choose adjectives to describe their feelings about the president's re-election, the poll showed the excitement and pride many Americans felt about the president's first term has diminished.

Sixty-seven percent of respondents in November 2008 said they felt optimistic about the president's election and the same percentage said it made them feel proud. Last month those numbers fell to 52 percent for optimistic and 48 percent for proud. Forty-three percent of Americans surveyed also said they feel pessimistic about the president's re-election and 36 percent said it made them feel afraid?both increases from 2008.

The president's approval rating, however, hovered at the 50 percent threshold in the USA Today/Gallup survey. This is 1 percentage point above George W. Bush as he headed into his second term, but below the 58 percent rating held by Bill Clinton and 59 percent held by Ronald Reagan.

The poll's margin of error was plus or minus 4 percentage points.

Source: http://news.yahoo.com/blogs/ticket/poll-obama-begins-second-term-facing-pessimistic-public-132253142--election.html

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Enhance Students - National Coalition of Education Activists

Children who are mentally retarded, autistic, and have mild to major learning difficulties need good quality education and care. People who have patience, empathy, and good motivation skills may work well with these types of children. They may already be teachers or have recently received their Bachelor?s, but with this in mind, it might be a good idea to consider going back to school. The field of Special Education teaching is always in need of good people, so a Master of Arts in Special Education should be a valued option.

The Master of Arts in Special Education is not for everyone. Not all those with teaching abilities and teaching background will enjoy teaching Special Education. They may find it too difficult, and it can be, at times, frustrating. The Master?s in Special Education is really for people who have a genuine concern for students that are not the average type. These people may be interested in finding improved ways in working with unique students. They may give healthy encouragement to those who are not as accepted by peers. They may be already familiar with many disabilities, and they may have found the difficulty in teaching them to be merely a challenge that, with this degree, they should be able to conquer. It is important that prospective students of the program consider these things carefully because Special Education is so challenging a field.

Most Master of Arts in Special Education programs require a Bachelor?s degree in Education. Rarely, a student may be accepted with a different Bachelor?s degree and a superior teaching background. A few years of teaching experience is often expected, or experience in another relevant education-related practice is acceptable. These things are required upon entrance to most programs.

The Special Education Master?s program has a diverse curriculum. It gives a background in school administration and issues in education. Then, it goes deeply into the possible disabilities expected to be in the classroom. Classes in developmental disabilities, physical disabilities, and others give future teachers an in-depth background that will teach them how to confront these disabilities from a positive viewpoint. These classes are designed to prepare any instructor to handle the classroom well.

Those that are interested in a certain disability may want to choose a specialty. They may be able to specialize in hearing disabilities or a specific learning disorder. In such programs, they should become experts on those disabilities and will be better prepared to work with those children.

With a Master?s degree in Special Education, graduates may teach special education at public schools. They will be highly qualified to teach all age groups with all types of disabilities. There will also be career opportunities in special private schools and in programs just for special students. Salaries are higher than most regular teaching positions and even higher in private schools.

The traditional student will be right at home attending classes several days a week at a university; however, there are students nowadays who cannot do this. It may be due to a hectic family life or simply location, but it keeps them from attending school. There are now online programs that accommodate these students. Attending a university in an online program is a great idea for people who are restricted from taking classes regularly

Source: http://www.nceaonline.org/enhance-students-lives-by-earning-a-masters-degree-in-special-education.html

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