Deasy wants 30% of teacher evaluations based on test scores

L.A. schools Supt. John Deasy announced Friday that as much as 30% of a teacher's evaluation will be based on student test scores, setting off more contention in the nation's second-largest school system in the weeks before a critical Board of Education election.

Leaders of the teachers union have insisted that there should be no fixed percentage or expectation for how much standardized tests should count — and that test results should serve almost entirely as just one measure to improve instruction. Deasy, in contrast, has insisted that test scores should play a significant role in a teacher's evaluation and that poor scores could contribute directly to dismissal.

In a Friday memo explaining the evaluation process, Deasy set 30% as the goal and the maximum for how much test scores and other data should count.

In an interview, he emphasized that the underlying thrust is to develop an evaluation that improves the teaching corps and that data is part of the effort.

"The public has been demanding a better evaluation system for at least a decade. And teachers have repeatedly said to me what they need is a balanced way forward to help them get better and help them be accountable," Deasy said. "We do this for students every day. Now it's time to do this for teachers."

Deasy also reiterated that test scores would not be a "primary or controlling" factor in an evaluation, in keeping with the language of an agreement reached in December between L.A. Unified and its teachers union. Classroom observations and other factors also are part of the evaluation process.

But United Teachers Los Angeles President Warren Fletcher expressed immediate concern about Deasy's move. During negotiations, he said, the superintendent had proposed allotting 30% to test scores but the union rejected the plan. Deasy then pulled the idea off the table, which allowed the two sides to come to an agreement, Fletcher said. Teachers approved the pact last month.

"To see this percentage now being floated again is unacceptable," the union said in a statement.

Fletcher described the pact as allowing flexibility for principals, in collaboration with teachers, first to set individual goals and then to look at various measures to determine student achievement and overall teacher performance.

"The superintendent doesn't get to sign binding agreements and then pretend they're not binding," Fletcher said.

When Deasy settled on 30%, his decision was in line with research findings of the Bill & Melinda Gates Foundation, which has examined teacher quality issues across the country. Some experts have challenged that work.

The test score component would include a rating for the school based on an analysis of all students' standardized test scores. Those "value-added" formulas, known within L.A. Unified as Academic Growth Over Time, can be used to rate a school or a teacher's effectiveness by comparing students' test scores with past performance. The method takes into account such factors as family income and ethnicity.

After an aggressive push by the Obama administration, individual value-added ratings for teachers have been added to reviews in many districts. They make up 40% of evaluations in Washington, D.C., 35% in Tennessee and 30% in Chicago.

But Los Angeles will use a different approach. The district will rely on raw test scores. A teacher's evaluation also may incorporate pass rates on the high school exit exam and graduation, attendance and suspension data.

Deasy's action was met Friday with reactions ranging from guarded to enthusiastic approval within a coalition of outside groups that have pushed for a new evaluation system. This coalition also has sought to counter union influence.

Elise Buik, chief executive of the United Way of Greater Los Angeles, said weighing test scores 30% "is a reasonable number that everyone can be happy with."

The union and the district were under pressure to include student test data in evaluations after L.A. County Superior Court Judge James C. Chalfant ruled last year that the system was violating state law by not using test scores in teacher performance reviews.

A lawsuit to enforce the law was brought by parents in Los Angeles, with support from the Sacramento-based EdVoice advocacy organization.

If the "actual progress" of students is taken into account under Deasy's plan, "it's a historic day for LAUSD," said Bill Lucia, the group's chief executive.

All of this is playing out against the backdrop of the upcoming March 5 election. The campaign for three school board seats has turned substantially into a contest between candidates who strongly back Deasy's policies and those more sympathetic toward the teachers union. Deasy supporters praise the superintendent for measures they say will improve the quality of teaching. The union has faulted Deasy for limiting job protections and said he has imposed unwise or unproven reforms.

In the upcoming election, the union and pro-Deasy forces are matched head to head in District 4, with several employee unions behind incumbent Steve Zimmer and a coalition of donors behind challenger Kate Anderson.

Anderson had high praise for Deasy's directive, saying it struck the right balance and that teachers and students would benefit.

Zimmer said that although he understands that principals need guidance, "I worry about anything that would cause resistance or delay in going forward. I hope this use of a percentage won't disrupt what had been a collaborative process."

howard.blume@latimes.com

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Lebbeus Woods: The Architect Who Dared to Ask 'What If?'

He envisioned underground cities, floating buildings and an eternal space tomb for Albert Einstein worthy of the great physicist’s expansive intellect. With such grand designs, perhaps it’s not too surprising that the late Lebbeus Woods, one of the most influential conceptual architects ever to walk the earth, had only one of his wildly imaginative designs become a permanent structure.

Instead of working with construction and engineering firms, Woods dreamed up provocative creations that weren’t bound by the rules of society or even nature, according to Joseph Becker and Jennifer Dunlop Fletcher, co-curators of a new exhibit at the San Francisco Museum of Modern Art titled Lebbeus Woods, Architect.

“It was almost a badge of honor to never have anything built, because you were not a victim of the client,” Becker told Wired during a preview of the fascinating show, which opens Saturday and runs through June 2. While not a full retrospective of Woods’ career, the exhibit shows off three decades of his work in the form of drawings, paintings, models and sketchbooks filled with bold ideas, raw concepts and cryptic inscriptions. (See several examples of Woods’ work in the gallery above.)

As the curators discussed Woods’ work and his impact on the world of architecture, they talked of a brilliant mind consumed with disruption, with confronting the boring, repetitive spaces humans have become accustomed to living in by challenging the “omnipresence of the Cartesian grid.” Woods’ fantastic visions included buildings designed for seismic hot zones that might move in response to earthquakes, or a sprawling city that would exist underneath a divided Berlin, providing a sort of subterranean salon where individuals from the East and West might mingle, free from the conflicting ideologies of their governments.

“He was very focused, I think, in all of his work, in what he said was ‘architecture for its own sake,’” Becker said. “Not architecture for clients, not architecture that is diluted, and not architecture that really had to be held up against certain primary factors, including gravity or government.”

Woods found his place in the conceptual architecture movement that sprang from the 1960s and ’70s, when firms like Superstudio and Archigram presented a radical peek into a possible — if improbable — future. Casting a skeptical eye on the way humans lived in cities, these conceptual architects were more interested in raising questions than in crafting blueprints for buildings that would actually be built of concrete, steel and glass.

In fact, none of the nearly 200 fascinating drawings and other works on display in Lebbeus Woods, Architect were ever meant to be built, said Dunlop Fletcher. Instead of the archetypical architect’s detailed plans and models, carefully calibrated to produce a road map to a finished structure, Woods’ drawings are whimsical and thought-provoking, with radical new ideas being the intended result of his efforts. “There are going to be gaps in this, and you fill in the gaps with what you bring to it,” she said.

Woods’ ideas started in his sketchbooks, which he crammed with detailed drawings. “He was extremely gifted with the pen,” said Becker, adding that many of the pieces are notated in a strange hybrid language that could be part Latin, part invented. The curators likened it to a kind of code that connected the conceptual fragments that run through Woods’ highly theoretical work.

“It could mean something, it could be that he’s creating almost these fictional artifacts of these supporting elements to engage with the larger drawings that he would do later,” Becker said. “They’re almost Da Vinci-like in their illegibility.”

Other questions remain about just what, exactly, Woods was up to with when he took pencil to paper. Take, for instance, a piece called Aero-Livinglab, from his Centricity series from the late 1980s, in which the architect was “essentially creating a utopian city” with “its own set of rules,” according to Becker. The drawing depicts a floating room that resembles an insect as much as it does some sort of alien zeppelin. Just what would the purpose of such a construction be?

“It could be an inhabitable space,” Becker said. “It could be small, it could be large. Often these things don’t have clear scale, but we do know that the point of Centricity was to invite a question of ‘what if?’”

An obituary on the Architectural Record website dubbed Woods “the last of the great paper architects” and said he “achieved cult-idol status among architects for his post-apocalyptic landscapes of dense lines and plunging perspectives. Deconstructivist in the most literal of ways, they were never formalist exercises. Instead, they conveyed the architect’s deep reservations as to the nature of contemporary society, and particularly its penchant for violence. He eschewed practice, claiming an interest in architectural ideas rather than the quotidian challenges of commercial building.”

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Maradona becomes a father again

BUENOS AIRES (Reuters) – Diego Maradona‘s girlfriend Victoria Ojeda has given birth to a boy called Diego Fernando and the Argentine soccer great is now expected to travel back to Buenos Aires to meet his son.

“He’s a Diego, with a big head and lots of hair,” Alfredo Cahe, Maradona’s long-time doctor, told reporters outside the Buenos Aires clinic where Ojeda gave birth late on Wednesday.

“My feeling is that Diego’s going to show up at any moment.”

Maradona, 52, is working in Dubai and Ojeda’s lawyer Jorge Auruccio said he did not know if he would be flying home to Argentina to meet Diego Fernando, who weighed 3.2 kilograms (seven pounds).

The pregnancy triggered angry exchanges on social media networks between Ojeda, 35, Maradona’s ex-wife Claudia Villafane and his daughters Dalma and Giannina.

In the 1980s, during his days at Serie A club Napoli in Italy, Maradona fathered another son, called Diego Jr, who he said was born following a relationship that lasted a day.

Maradona, considered one of the most gifted soccer players in history, took up his current post as honorary sports ambassador in Dubai in September, less than two months after being sacked by the United Arab Emirates club Al Wasl.

(Reporting by Luis Ampuero; Writing by Helen Popper, editing by Mark Meadows)

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Livestrong Tattoos as Reminder of Personal Connections, Not Tarnished Brand

As Jax Mariash went under the tattoo needle to have “Livestrong” emblazoned on her wrist in bold black letters, she did not think about Lance Armstrong or doping allegations, but rather the 10 people affected by cancer she wanted to commemorate in ink. It was Jan. 22, 2010, exactly a year since the disease had taken the life of her stepfather. After years of wearing yellow Livestrong wristbands, she wanted something permanent.

A lifelong runner, Mariash got the tattoo to mark her 10-10-10 goal to run the Chicago Marathon on Oct. 10, 2010, and fund-raising efforts for Livestrong. Less than three years later, antidoping officials laid out their case against Armstrong — a lengthy account of his practice of doping and bullying. He did not contest the charges and was barred for life from competing in Olympic sports.

“It’s heartbreaking,” Mariash, of Wilson, Wyo., said of the antidoping officials’ report, released in October, and Armstrong’s subsequent confession to Oprah Winfrey. “When I look at the tattoo now, I just think of living strong, and it’s more connected to the cancer fight and optimal health than Lance.”

Mariash is among those dealing with the fallout from Armstrong’s descent. She is not alone in having Livestrong permanently emblazoned on her skin.

Now the tattoos are a complicated, internationally recognized symbol of both an epic crusade against cancer and a cyclist who stood defiant in the face of accusations for years but ultimately admitted to lying.

The Internet abounds with epidermal reminders of the power of the Armstrong and Livestrong brands: the iconic yellow bracelet permanently wrapped around a wrist; block letters stretching along a rib cage; a heart on a foot bearing the word Livestrong; a mural on a back depicting Armstrong with the years of his now-stripped seven Tour de France victories and the phrase “ride with pride.”

While history has provided numerous examples of ill-fated tattoos to commemorate lovers, sports teams, gang membership and bands that break up, the Livestrong image is a complex one, said Michael Atkinson, a sociologist at the University of Toronto who has studied tattoos.

“People often regret the pop culture tattoos, the mass commodified tattoos,” said Atkinson, who has a Guns N’ Roses tattoo as a marker of his younger days. “A lot of people can’t divorce the movement from Lance Armstrong, and the Livestrong movement is a social movement. It’s very real and visceral and embodied in narrative survivorship. But we’re still not at a place where we look at a tattoo on the body and say that it’s a meaningful thing to someone.”

Geoff Livingston, a 40-year-old marketing professional in Washington, D.C., said that since Armstrong’s confession to Winfrey, he has received taunts on Twitter and inquiries at the gym regarding the yellow Livestrong armband tattoo that curls around his right bicep.

“People see it and go, ‘Wow,’ ” he said, “But I’m not going to get rid of it, and I’m not going to stop wearing short sleeves because of it. It’s about my family, not Lance Armstrong.”

Livingston got the tattoo in 2010 to commemorate his brother-in-law, who was told he had cancer and embarked on a fund-raising campaign for the charity. If he could raise $5,000, he agreed to get a tattoo. Within four days, the goal was exceeded, and Livingston went to a tattoo parlor to get his seventh tattoo.

“It’s actually grown in emotional significance for me,” Livingston said of the tattoo. “It brought me closer to my sister. It was a big statement of support.”

For Eddie Bonds, co-owner of Rabbit Bicycle in Hill City, S.D., getting a Livestrong tattoo was also a reflection of the growth of the sport of cycling. His wife, Joey, operates a tattoo parlor in front of their store, and in 2006 she designed a yellow Livestrong band that wraps around his right calf, topped off with a series of small cyclists.

“He kept breaking the Livestrong bands,” Joey Bonds said. “So it made more sense to tattoo it on him.”

“It’s about the cancer, not Lance,” Eddie Bonds said.

That was also the case for Jeremy Nienhouse, a 37-year old in Denver, Colo., who used a Livestrong tattoo to commemorate his own triumph over testicular cancer.

Given the diagnosis in 2004, Nienhouse had three rounds of chemotherapy, which ended on March 15, 2005, the date he had tattooed on his left arm the day after his five-year anniversary of being cancer free in 2010. It reads: “3-15-05” and “LIVESTRONG” on the image of a yellow band.

Nienhouse said he had heard about Livestrong and Armstrong’s own battle with the cancer around the time he learned he had cancer, which alerted him to the fact that even though he was young and healthy, he, too, could have cancer.

“On a personal level,” Nienhouse said, “he sounds like kind of a jerk. But if he hadn’t been in the public eye, I don’t know if I would have been diagnosed when I had been.”

Nienhouse said he had no plans to have the tattoo removed.

As for Mariash, she said she read every page of the antidoping officials’ report. She soon donated her Livestrong shirts, shorts and running gear. She watched Armstrong’s confession to Winfrey and wondered if his apology was an effort to reduce his ban from the sport or a genuine appeal to those who showed their support to him and now wear a visible sign of it.

“People called me ‘Miss Livestrong,’ ” Mariash said. “It was part of my identity.”

She also said she did not plan to have her tattoo removed.

“I wanted to show it’s forever,” she said. “Cancer isn’t something that just goes away from people. I wanted to show this is permanent and keep people remembering the fight.”

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Common Sense: High Taxes Are Not a Prime Reason for Relocation, Studies Say

Pool photo by Mikhail Klimentyev

Gerard Depardieu with Vladimir Putin in January. Russia granted Mr. Depardieu a passport after his spat with France over taxes.

Last month, Vladimir V. Putin hugged his newly minted fellow Russian citizen, the actor Gerard Depardieu, posing for cameras at the Black Sea port of Sochi. “I adore your country,” Mr. Depardieu gushed — especially its 13 percent flat tax on personal income.

Sochi may not be St. Tropez, but it does have winter temperatures in the 60s and even palm trees. Mr. Putin’s deputy prime minister confidently predicted a “mass migration of wealthy Europeans to Russia.”

Here in the United States, the three-time Masters champion Phil Mickelson recently walked off the 18th hole at Humana Challenge and said he might move from California because the state increased its top income tax rate to 13.3 percent from 10.3 percent.

“Hey Phil,” Gov. Rick Perry of Texas wrote in a Twitter message, “Texas is home to liberty and low taxes ... we would love to have you as well!!” Tiger Woods later said that he had left California for Florida for just that reason years ago. Mr. Mickelson can “vote with his Gulfstream,” a Wall Street Journal editorial noted, and warned California to “expect a continued migration.”

It’s an article of faith among low-tax advocates that income tax increases aimed at the rich simply drive them away. As Stuart Varney put it on Fox News: “Look at what happened in Britain. They raised the top tax rate to 50 percent, and two-thirds of the millionaires disappeared in the next tax year. Same things are happening in France. People are leaving where the top tax rate is 75 percent. Same thing happened in Maryland a few years ago. New millionaire’s tax, the millionaires disappeared. You’ve got exactly the same thing in California.”

That, at least, is what low-tax advocates want us to think, and on its face, it seems to make sense. But it’s not the case. It turns out that a large majority of people move for far more compelling reasons, like jobs, the cost of housing, family ties or a warmer climate. At least three recent academic studies have demonstrated that the number of people who move for tax reasons is negligible, even among the wealthy.

Cristobal Young, an assistant professor of sociology at Stanford, studied the effects of recent tax increases in New Jersey and California.

“It’s very clear that, over all, modest changes in top tax rates do not affect millionaire migration,” he told me this week. “Neither tax increases nor tax cuts on the rich have affected their migration rates.”

The notion of tax flight “is almost entirely bogus — it’s a myth,” said Jon Shure, director of state fiscal studies at the Center on Budget and Policy Priorities, a nonprofit research group in Washington. “The anecdotal coverage makes it seem like people are leaving in droves because of high taxes. They’re not. There are a lot of low-tax states, and you don’t see millionaires flocking there.”

Despite the allure of low taxes, Mr. Depardieu hasn’t been seen in Russia since picking up his passport and seems to be hedging his bets by maintaining a residence in Belgium. Meanwhile, Russian billionaires are snapping up trophy properties in high-tax London, New York and Beverly Hills, Calif.

“I don’t hear about many billionaires moving to Moscow,” said Robert Tannenwald, a lecturer in economic policy at Brandeis University and former Federal Reserve economist. Along with Nicholas Johnson, he and Mr. Shure are co-authors of “Tax Flight Is a Myth,” a 2011 research paper.

Of course, some people do move for tax reasons, especially wealthy retirees, athletes and other celebrities without strong ties to high-tax locations, like jobs and families. In renouncing his French citizenship, Mr. Depardieu follows other French celebrities, the chef Alain Ducasse, the singer Johnny Hallyday and Yannick Noah, a former tennis star. Several Paris hedge fund managers have decamped to London and the fashion mogul Bernard Arnault applied for Belgian citizenship, though not, he has said, for tax reasons.

Stars like Mr. Depardieu and Mr. Mickelson certainly have incentives to move. Mr. Depardieu complained that he paid 85 percent of his income in taxes in France last year and has paid 145 million euros over 45 years. France has a top rate of 41 percent as well as a wealth tax, and the Socialist president, François Hollande, is trying to impose a temporary surcharge of 75 percent on incomes over 1 million euros. Mr. Mickelson earned more than $60 million last year, Sports Illustrated estimates, which means the three-percentage-point California tax increase could add up to an additional $1.8 million in tax.

This article has been revised to reflect the following correction:

Correction: February 15, 2013

An earlier version of this column misstated Mr. Depardieu’s citizenship. He has applied for residency in Belgium; he is not a citizen of that nation. The earlier version also misidentified the golf tournament at which the golfer Phil Mickelson said he might move from California to escape its taxes. It was the Humana Challenge, not Pebble Beach.

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Former Bell official says he voted for pay raise out of fear

One of the former Bell city leaders accused of plundering the town's treasury by taking oversized salaries testified Thursday that the fat paychecks and other extraordinary benefits that came with the job were all but forced on him.

George Cole, a former steelworker, returned to the witness stand for a second day and testified that he voted for a 12% annual pay raise for a City Council board in 2008 only because he feared retribution from then-City Manager Robert Rizzo.

"He had shown himself to be very vindictive if you crossed him at that time," Cole said. "I was worried that if I didn't vote for this, if I voted against it, he would do whatever he could to destroy the work that was important to me and the community. I knew that was his character."

Cole said it was the most difficult decision he ever made while on the council but was in the best interest of Bell — a city, he said, where he had devoted decades to advocating for new schools and programs for at-risk youths and senior citizens.

Cole, along with Luis Artiga, Victor Bello, Oscar Hernandez, Teresa Jacobo and George Mirabal, is accused of drawing an inflated salary from boards and authorities that rarely met and did little work.

The pay increases for the authorities were placed on the consent calendar — a place for routine and non-controversial items that are voted on without discussion. Cole defended the practice and said the agendas, minutes and staff reports were always available to the public at City Hall and at the library.

"I never tried to hide what we were doing," Cole said.

He also testified that the minutes did not reflect work done for those authorities.

Cole justified his vote for previous City Council pay raises to allow for a more diverse pool of council candidates who could use the money. And when he voted for a council salary increase in 2005, Cole noted that Bell was in a "very strong financial position."

The 63-year-old also told jurors that when he discovered $15,500 had been deposited into a 401(k)-style account for him, he complained. Cole said Rizzo refused to remove the money.

Initially, Cole said, Rizzo was a first-rate city administrator, making improvements such as repairing and keeping streets clean and erecting a protective fence around the city's largest park.

"From the time he started, he was able to accomplish things other managers previous to him said couldn't be done or were unable to do," Cole said.

Cole said the two would sometimes meet for breakfast to discuss city matters. "It was business," he said. "It wasn't two chums getting together."

But when Cole decided to give up his salary during his last year in office, he said it fractured his relationship with Rizzo. When he learned about Rizzo's near-$800,000 salary from a story published in The Times in 2010, he said he felt sick.

"I just felt like the dumbest person in the world that this guy had just pulled one of the biggest cons I've ever seen on, not just me, but on the city of Bell," Cole testified.

Rizzo faces 69 felony corruption charges. He and his former assistant, Angela Spaccia, are expected to go on trial later this year.

Cole's top annual salary was $67,000, his attorney said. At the time, he was earning nearly $95,000 a year as chief executive of the Steelworkers Old Timers Foundation.

In 2004, the city paid the state pension system $36,648 to buy Cole an additional five years of service time. Cole was one of 11 Bell administrators for whom the city bought service time.

CalPERS — the state's largest public pension program — has disallowed the service time the city bought, saying the buy-ins were not council-approved and that a municipality cannot pay for them.

Cole also was among the 40 or so Bell employees who were scheduled to receive additional payments through Bell's own supplemental retirement plan, established in 2003. In combination with the CalPERS pension, the payout was among the best retirement plans for non-safety employees in the state. The council never approved the plan.

jeff.gottlieb@latimes.com

corina.knoll@latimes.com

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Never Tell Me the Odds: A Look at <cite>Star Wars</cite> Tabletop Gaming's Past and Present

Before J.J. Abrams was a twinkle in George Lucas' eye, Star Wars fans had another outlet for the continued adventures of their favorite characters: the tabletop. Whether playing with board games, miniatures, or pen-and-paper role-playing games, Star Wars has been a setting of choice for three decades and counting.

Throughout this gallery, you'll find both hidden gems from Star Wars' past as well as recent hits, proving that the franchise is anything but running out of steam. In fact, when put into the hands of creative game designers, Star Wars has continuously led to some truly engaging experiences.

Above:

As if the combination of Star Wars and Angry Birds was not enough to drive fans wild, Hasbro rolled the combo into its own Jenga game. Rather than plucking pieces with a steady hand, you'll be flinging those iconic birds to knock out as many Jenga blocks as possible. The destruction doesn't end there, though. An entire line of Star Wars Angry Birds games was launched last year, with six other titles featuring everything from Jabba's Palace to the ice planet Hoth.

Image courtesy of Hasbro

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Prince to headline Montreux jazz with three pricey concerts

GENEVA (Reuters) – Prince returns to the Montreux Jazz Festival in July to give three concerts at the 47th edition, the first after the death of founder Claude Nobs, organizers said on Thursday.

The American singer and musician is booked to give three shows on July 13, 14 and 15, the Swiss festival said in a statement.

“Groovy, funky and the undisputed master of improvisation, Prince‘s performances are all unique and unpredictable,” it said of the 54-year-old viewed as a pioneer of online music distribution and maverick in the business.

Prince first appeared on the famed Montreux stage in 2007, then showed up at 3 a.m. to jam with his band at a late-night jazz cafe along Lake Geneva. He gave two back-to-back shows on the same night in 2009, drawing fans from across Europe for a rare appearance on the continent.

Tickets go on sale on Friday morning, at a whopping 175 Swiss francs ($ 190)(standing) and 395 francs for a seat.

“We consider him one of the headline acts,” festival spokeswoman Emilie Loertscher told Reuters.

The rest of the line-up will be announced on April 18.

Nobs, who founded the Montreux Jazz Festival nearly 50 years ago, died in January at age 76 after several weeks in a coma following a skiing accident.

The Swiss impresario immortalized by rock group Deep Purple as “Funky Claude” in the song “Smoke on the Water”, lured the biggest stars of the music world including Miles Davis, Ray Charles and Aretha Franklin to the annual event.

(Reporting by Stephanie Nebehay, editing by Paul Casciato)

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Well: Ask Well: Swimming to Ease Back Pain

Many people find that recreational swimming helps ease back pain, and there is research to back that up. But some strokes may be better than others.

An advantage to exercising in a pool is that the buoyancy of the water takes stress off the joints. At the same time, swimming and other aquatic exercises can strengthen back and core muscles.

That said, it does not mean that everyone with a case of back pain should jump in a pool, said Dr. Scott A. Rodeo, a team physician for U.S.A. Olympic Swimming at the last three Olympic Games. Back pain can have a number of potential causes, some that require more caution than others. So the first thing to do is to get a careful evaluation and diagnosis. A doctor might recommend working with a physical therapist and starting off with standing exercises in the pool that involve bands and balls to strengthen the core and lower back muscles.

If you are cleared to swim, and just starting for the first time, pay close attention to your technique. Work with a coach or trainer if necessary. It may also be a good idea to start with the breaststroke, because the butterfly and freestyle strokes involve more trunk rotation. The backstroke is another good option, said Dr. Rodeo, who is co-chief of the sports medicine and shoulder service at the Hospital for Special Surgery in New York.

“With all the other strokes, you have the potential for some spine hyperextension,” Dr. Rodeo said. “With the backstroke, being on your back, you don’t have as much hyperextension.”

Like any activity, begin gradually, swimming perhaps twice a week at first and then progressing slowly over four to six weeks, he said. In one study, Japanese researchers looked at 35 people with low back pain who were enrolled in an aquatic exercise program, which included swimming and walking in a pool. Almost all of the patients showed improvements after six months, but the researchers found that those who participated at least twice weekly showed more significant improvements than those who went only once a week. “The improvement in physical score was independent of the initial ability in swimming,” they wrote.

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Airbus Abandons Plan to Use Controversial Batteries

PARIS — Faced with what could be a prolonged investigation into what caused the batteries of two Boeing 787 Dreamliner jets to catch fire last month, Boeing’s European rival, Airbus, said Friday that it had abandoned plans to use the same battery technology on its forthcoming wide-body jet, the A350-XWB.

Airbus said that it began informing airline customers on Thursday that it would not move ahead with an original plan to use the lightweight lithium-ion batteries to power a number of the A350’s onboard systems, and would revert instead to a conventional battery, made of nickel-cadmium, that is already used extensively on existing Airbus models.

“Airbus considers this to be the most appropriate way forward in the interest of program execution and reliability,” said Marcella Muratore, an Airbus spokeswoman.

Airbus completed the assembly of its first test version of the A350 late last year and initial ground tests of that plane using the lithium-ion batteries had already begun at its factory in Toulouse, France. By switching gears now, the company said it hoped to be able to stick to its schedule of delivering the first aircraft in the second half of 2014.

Investigators with the National Transportation Safety Board in the United States have still not determined the root cause of two episodes involving smoke from batteries on the 787 occurred in January. The incidents prompted the U.S. Federal Aviation Administration to ground the jets on Jan 17.

In recent weeks Airbus executives had indicated their concern that the continued uncertainty about the cause of the 787 battery problems, as well as the nature of any fixes that might be ordered by the F.A.A. and its European counterpart, the European Aviation Safety Agency, might endanger the A350’s development schedule, leading to potentially significant compensation payments to airlines.

Airbus currently has 617 orders for the A350 from 35 airline customers.

Ms. Muratore, the Airbus spokeswoman, stressed that the company remained confident that the lithium-ion battery system that it had been developing with its French supplier, Saft, was “robust and safe,” and added that Airbus planned to use lithium-ion batteries on the A350s it will use for flight tests scheduled to begin this summer.

The decision to revert to nickel-cadmium batteries, she said, was made purely for commercial reasons.

“As a result of making this decision now, Airbus does not expect it to impact the entry into service schedule,” Ms. Muratore said.

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Vintage piano given Valentine's Day deadline

HALF MOON BAY, Calif. — The piano was delivered to its bluff-top perch under cover of fog nearly two weeks ago. It is scheduled to leave this coastal enclave in a burst of flames on Sunday.

In between the fog and the fire, musician and sculptor Mauro Ffortissimo has been treating his neighbors to an illicit outdoor concert series grandly dubbed Sunset Piano. Chopin, Debussy, a tango or two. The performances are timed to end the moment the sun sinks below the horizon.

He plays to cyclists and dog walkers, babies in strollers, his landlady in a folding chair, the charmed, the perplexed. Every night the battered baby grand has sounded just a little bit worse as the elements erode the aging, al fresco instrument. Every night, the audience has grown.

Ffortissimo (not his real name, but you probably figured that out already) had hoped to serenade the residents of Half Moon Bay for a month. But it didn't take long for reality to intrude on the 50-year-old artist's well-laid plans.

Two days after Ffortissimo and friends rolled the piano out to a scenic spit of city land, a code enforcement officer sent a warning via email. Someone had complained.

No permit, no piano.

The 90-year-old Estey "appears to be an unauthorized encroachment onto public property," wrote Lamonte Mack. If you can't prove the installation is authorized, he told Ffortissimo, "please remove the piano — and platform — within 10 (ten) days."

That made the deadline Valentine's Day, an occasion to celebrate love, if not misplaced musical instruments.

The artist legally known as Mauro Dinucci has taken the bad news in stride. Asked about the end of the piano during Tuesday night's crowded concert, he crowed: "Woo, hoo! Valentine's Day! Bring chocolate!" and promised that "before we burn this baby, we give it one last boat ride."

Thursday will be the piano's last scheduled bluff-side concert along the Coastside Trail at the end of Kelly Avenue. Friday, Ffortissimo said, he has been invited to play the instrument at the Half Moon Bay Yacht Club.

Saturday he'll give a sunset performance on the water, a nod to the piano's earlier owners who once sent it from California to Panama and back by sea. Sunday he plans to set the piano ablaze in the flower-strewn field behind his studio.

"The idea of the burning," Ffortissimo said, "is a cremation, to liberate the piano from its physical form … I just hope it won't be a 'Spare the Air' day."

Not everyone is as happy as Ffortissimo about the piano's upcoming freedom.

Mayor Rick Kowalczyk, who has yet to hear the Sunset Piano himself, said he was trying to "see if I can't get something done in the short term to allow Mauro to stay." Kicking the Estey off of the bluff, he said, "feels a little bit like a child has a lemonade stand and the city shuts it down."

On Tuesday evening, more than 100 music lovers gathered round as the sun — and the temperature — dropped. Two women danced together on the grass. Wine was sipped and beer chugged. Children ate cold pizza. Shorebirds glided by.

Far away from Half Moon Bay, President Obama was preparing to give his State of the Union address. Christopher Dorner was thought to be shooting it out with police.

But here on a bluff overlooking the Pacific Ocean, Susan Swanson of Redwood City poured white wine from a blue metal flask as Ffortissimo played Albinoni's "Adagio in G Minor." She'd read about the piano performance in the local newspaper, she said, "and it's the kind of news I like to read — good news.

"This to me is everything," said the trying-to-retire office manager. "It's a perfect moment. Once in a lifetime maybe. It's so odd, isn't it?"

maria.laganga@latimes.com

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Tesla Driving Logs Contradict <em>New York Times</em> Claims

Data released by Tesla Motors late Wednesday night directly contradicts a damning review of the automaker’s Model S sedan by the New York Times.

The data, pulled directly from the electric sedan’s on-board computer, claims that New York Times reporter John M. Broder never ran out of energy during his extended drive of the Model S, despite his account to the contrary.

Broder’s trip in the Model S began outside of Washington D.C., up to Norwich, CT and then down to Milford, CT over the course of two days. The drive was intended as a way to evaluate Tesla’s newly installed Supercharger stations, which allow Model S owners to top up their batteries for free at solar-powered charging stations lining major thoroughfares along the east and west coasts.

According to Tesla, Broder was given explicit instructions for his drive: keep the speed at 55 mph and turn down the climate control. Broder claims to have set the cruise control at 54 mph and at one point writes he, “limped along at about 45 miles per hour.” However, the logs released by Tesla show that he drove at speeds ranging from 65 to 81 mph, and kept the interior temperature at 72 degrees, increasing it to 74 degrees at one point.

Tesla’s data claims that Broder never completely charged the Model S during three separate charging sessions, including one charge before the final leg of his trip, when Broder disconnected the charger with an indicated range of 32 miles, despite planning to drive 61 miles. Additionally, Broder claims to have charged for 58 minutes during the second leg of his trip, although Tesla’s data alleges it was only connected to the Supercharger for 47 minutes.

While driving on the highway, Broder says the Model S’ display informed him that it was about to shut the car down. “I was able to coast down an exit ramp in Branford, Conn., before the car made good on its threat,” Broder describes in his story.

According to Tesla, the Model S never shut down as was implied by Broder – he simply pulled over. Tesla claims that its “State of Charge” log shows that the battery never ran out of energy at any point during his trip.

The automaker is also questioning the length of a trip Broder made through Manhattan, reportedly giving his brother a ride in the car, as well claiming that the writer drove around in circles outside a Supercharger station for malicious reasons.

Tesla’s data dump comes five days after Broder’s report appeared on the New York Times site. Three days later, Tesla co-founder and CEO, Elon Musk, took to Twitter to refute the story, going so far as to call the New York Times‘ piece a “fake“.

The chemistry of the lithium-ion batteries in the Model S are affected by cold temperatures – especially the sub-freezing temps Broder experienced during his drive – which would reduce the overall range of Tesla’s electric sedan.

In an earlier statement released by the newspaper, the Times stood behind Broder’s portrayal of the drive, calling it “completely factual” and stating that “[a]ny suggestion that the account was ‘fake’ is, of course, flatly untrue.” Calls for a follow-up statement from the Times and Mr. Broder have gone unanswered.

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Epic to pull song with offending Lil Wayne lyric

NASHVILLE, Tenn. (AP) — Epic Records is going to “great efforts” to take down a new Future remix leaked over the weekend with a vulgar Lil Wayne lyric that has offended the family of Emmett Till.

The New Orleans rapper made a sexual reference to the beating death of Till, a 14-year-old Chicago boy tortured and shot in Mississippi in 1955 for whistling at a white woman. Till’s family objected and the Rev. Jesse Jackson reached out to his management, The Blueprint Group, on the family’s behalf.

The label issued a statement Wednesday night apologizing for the release of the song.

“We regret the unauthorized remix version of Future’s ‘Karate Chop,’ which was leaked online and contained hurtful lyrics,” the statement said. “Out of respect for the legacy of Emmett Till and his family and the support of the Reverend Jesse L. Jackson, Sr. … we are going through great efforts to take down the unauthorized version.”

Epic will release an official version of the song that “will not include such references.”

Neither Jackson nor members of Till’s family could be reached late Wednesday. A publicist says Lil Wayne has had no comment so far.

He appears briefly on the song, alluding to the black teenager’s beating in a way too vulgar to print.

Till, a native of Chicago, was in Mississippi visiting family in 1955 when he was killed. He was beaten, had his eyes gouged out and was shot in the head before his assailants tied a cotton gin fan to his body with barbed wire and tossed his body into the Tallahatchie River. Two white men, including the woman’s husband, were acquitted of the killing by an all-white jury.

Till’s body was recovered and returned to Chicago where his mother, Mamie Till, insisted on having an open casket at his funeral. The pictures of his battered body helped push civil rights into the cultural conversation in the U.S.

Bob Dylan wrote a song about it: “The Death of Emmett Till.”

A Facebook posting on the Mamie Till Mobley Memorial Foundation page Wednesday night said Epic Records Chairman and CEO LA Reid had reached out to the family to personally apologize.

___

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

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Use of Morning-After Pill Is Rising, Report Says

The use of morning-after pills by American women has more than doubled in recent years, driven largely by rising rates of use among women in their early 20s, according to new federal data released Thursday.

The finding is likely to add to the public debate over rules issued by the Obama administration under the new health care law that require most employers to provide free coverage of birth control, including morning-after pills, to female employees. Some religious institutions and some employers have objected to the requirement and filed lawsuits to block its enforcement.

Morning-after pills, which help prevent pregnancy after sex, were used by 11 percent of sexually active women from 2006 to 2010, the period of the study. That was up from just 4 percent in 2002. Nearly one in four women between the ages of 20 and 24 who had ever had sex have used the pill at some point, the data show.

Morning-after pills are particularly controversial among some conservative groups who contend they can cause abortions by interfering with the implantation of a fertilized egg that the groups regard as a person.

Medical experts say that portrayal is inaccurate, and that studies provide strong evidence that the most commonly used pills do not hinder implantation, but work by delaying or preventing ovulation so that an egg is never fertilized in the first place, or thicken cervical mucus so sperm have trouble moving.

This month, the Obama administration offered a proposal that could expand the number of groups that do not need to provide or pay for birth control coverage. But the proposal did not end the political fight over the issue, which legal experts say may end up in the Supreme Court.

The new data was released by the National Center for Health Statistics and based on interviews with more than 12,000 women from 2006 to 2010. Researchers asked sexually active women if they had ever used emergency contraception, “also known as Plan B, Preven or morning-after pills,” as well as about their use of other forms of birth control.

Over all, 99 percent of sexually active women ages 15 to 44 have used contraception at some point in their lives, or about 53 million women, up slightly from 2002. An earlier report found that 62 percent of all women of reproductive age were currently using some form of birth control.

The new report found that 98.6 percent of sexually active Catholic women had used contraception at some point, but the data did not show how many Catholic women currently use contraception.

Condom use has risen markedly. More than 93 percent of women said they had partners who had used condoms at some point, compared with 82 percent of women in 1995, a likely effect of strong public advocacy for condom use during the AIDS epidemic.

In contrast, women who had used intrauterine devices, or IUDs, at some point in their lives declined to about 8 percent from 10 percent in 1995. The use of birth control pills has remained steady since 1995 at 82 percent.

Eighty-nine percent of white women said they had used birth control pills at some point, compared with 67 percent of Hispanic women, 78 percent of black women and 57 percent of Asian women.

Education played a role in the type of contraception used. Forty percent of women without a high school diploma said they chose sterilization, while just 10 percent of women with a bachelor’s degree said they used that method. Those without a high school diploma were also far more likely to use three-month injectables, like Depo-Provera — 36 percent compared with 13 percent of women with a college degree.

About 12 percent of college graduates said they had used emergency contraception, while 7 percent of women with only a high school degree said they had used it.

Educated women were far more likely to have practiced periodic abstinence based on the menstrual cycle. About 28 percent of women with a master’s degree or higher had practiced this method, while just 13 percent of women without a high school diploma had, the report found.

White women, American-born Hispanic women and black women were most likely to practice withdrawal, with more than half of women in each group saying they have used that method. Just 44 percent of foreign-born Hispanics said they practiced withdrawal.

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Japanese Economy Contracts and Remains in Recession

TOKYO (AP) — Japan’s economy remained mired in recession late last year, shrinking 0.4 percent in annualized terms for the third straight quarter of contraction on feeble demand at home and overseas.

The government reported Thursday that growth for all of 2012 was 1.9 percent, after a 0.6 percent contraction in 2011 and a 4.7 percent increase in 2010 and a 5.5 percent contraction in 2009.

The figures were worse than expected, as many analysts had forecast the economy may have emerged from recession late last year as the Japanese yen weakened against other major currencies, giving a boost to Japanese export manufacturers.

Prime Minister Shinzo Abe, who took office in late December, is championing aggressive spending and monetary stimulus to help get growth back on track. He has lobbied the central bank to set an inflation target of 2 percent, aimed at breaking out of Japan’s long bout of deflation, or falling prices, that he says are inhibiting corporate investment and growth.

But the Bank of Japan was not expected to announce any major new initiatives from a policy meeting on Thursday. The current central bank governor, Masaaki Shirakawa, is due to leave office on March 19, and Mr. Abe is expected to appoint as his successor an expert who favors his more activist approach to monetary policy.

Last year began on an upbeat note with annual growth in the first quarter at 6 percent as strong government spending on reconstruction from the March 2011 tsunami disaster helped spur demand. But the economy contracted in the second quarter and deteriorated further as frictions with China over a territorial dispute hurt exports to one of Japan’s largest overseas markets.

Despite the dismal data for last year, many in Japan expect at least a temporary bump to growth from higher government spending on public works and other programs. An index measuring consumer confidence, released this week, jumped to its highest level since 2007, the biggest increase in a single month.

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Charred human remains found in burned cabin

Charred human remains
have been found in the burned cabin where police believe fugitive ex-cop
Christopher Dorner was holed up after trading gunfire with law enforcement, authorities
said.

If the body is identified
to be Dorner’s, the standoff would end a weeklong manhunt for the ex-LAPD
officer and Navy reserve lieutenant, who is accused of going on a
revenge-fueled spree following his firing by the Los Angeles Police Department several
years ago. Four people have died allegedly at Dorner’s hands.

The last burst of
gunfire Tuesday came after the suspect, attempting to flee law enforcement
officials, shot to death one San Bernardino County sheriff’s deputy and
seriously injured another. He then barricaded himself in a wooden cabin outside
Big Bear, not far from ski resorts in the snow-capped San Bernardino Mountains
east of Los Angeles, according to police.

PHOTOS: Manhunt for ex-LAPD officer

Just before 5 p.m., authorities smashed the cabin's windows, pumped in tear
gas and called for the suspect to surrender. They got no response. Then, using
a demolition vehicle, they tore down the cabin's walls one by one. When they
reached the last wall, they heard a gunshot. Then the cabin burst into flames.

Los Angeles Police Chief Charlie Beck said he would not consider the manhunt
over until a body was identified as Dorner.

TIMELINE: Manhunt for ex-LAPD officer

"It is a bittersweet night," said Beck as he drove to the hospital
where the injured deputy was located. He is expected to survive, but is expected to need several surgeries. "This could have ended
much better, it could have ended worse. I feel for the family of the deputy who
lost his life."

According to a manifesto Dorner allegedly posted on Facebook, he felt the LAPD
unjustly fired him several years ago, when a disciplinary panel determined that he lied
in accusing his training officer of kicking a mentally ill man during an
arrest. Beck has promised to review the case.

INTERACTIVE MAP: Searching for suspected shooter

Dorner, 33, vowed to wage "unconventional and asymmetrical
warfare" against law enforcement officers and their families, the
manifesto said. "Self-preservation is no longer important to me. do not
fear death as I died long ago."

Last week, authorities had tracked Dorner to a wooded area near Big Bear
Lake. They found his torched gray Nissan Titan with several weapons inside. The
only trace of Dorner was a short trail of footprints in newly fallen snow.

On Tuesday morning two maids entered a cabin in the 1200 block of Club View
Drive and ran into a man who they said resembled the fugitive, a law
enforcement official said. The cabin was not far from where Dorner's singed
truck had been found and where police had been holding press conferences about
the manhunt.

FULL COVERAGE: Sweeping manhunt for ex-cop

The man tied up the maids, and he took off in a purple Nissan parked near
the cabin. About 12:20 p.m., one of the maids broke free and called police.

Nearly half an hour later, officers with the California Department of Fish
and Wildlife spotted the stolen vehicle and called for backup. The suspect
turned down a side road in an attempt to elude the officers but crashed the
vehicle, police said.

A short time later, authorities said the suspect carjacked a light-colored
pickup truck. Allan Laframboise said the truck belonged to his friend Rick
Heltebrake, who works at a nearby Boy Scout camp.

Heltebrake was driving on Glass Road with his Dalmatian, Suni, when a
hulking African American man stepped into the road, Laframboise said.
Heltebrake stopped. The man told him to get out of the truck.

DOCUMENT: Read the manifesto

"Can I take my dog?" Heltebrake asked, according to his friend.

"You can leave and you can take your dog," the man said. He then
sped off in the Dodge extended-cab pickup — and quickly encountered two
Department of Fish and Wildlife trucks.

As the suspect zoomed past the officers, he rolled down his window and fired
about 15 to 20 rounds. One of the officers jumped out and shot a high-powered
rifle at the fleeing pickup. The suspect abandoned the vehicle and took off on
foot.

Police said he ended up at the Seven Oaks Mountain Cabins, a cluster of
wood-frame buildings about halfway between Big Bear Lake and Yucaipa. The
suspect exchanged gunfire with San Bernardino County sheriff's deputies as he
fled into a cabin that locals described as a single-story, multi-room
structure.

The suspect fired from the cabin, striking one deputy, law enforcement
sources said. Then he ducked out the back of the cabin, deployed a smoke bomb
and opened fire again, hitting a second deputy. Neither deputy was identified
by authorities. The suspect retreated back into the cabin.

The gun battle was captured on TV by KCAL-TV Channel 9 reporter Carter Evans, who said
he was about 200 feet from the cabin. As Evans described on air how deputies
were approaching the structure, he was interrupted by 10 seconds of gunfire.

Deputies drew their weapons and sprinted toward Evans. Someone yelled for
him to move — then about 20 more seconds of shooting erupted.

"Hey! Get … out of here, pal," someone shouted. Evans was
unharmed.

The gunfire gave way to a tense standoff. Mountain residents locked their
doors and hunkered down.

Holly Haas, 52, who lives about a mile from where the shootout unfolded,
said she heard helicopters buzzing on and off until about 3:30. One dipped so
close to her home, she said, "I could throw a rock and hit it."

Others watched the standoff unfold on television. At her home, Candy Martin
sat down to watch TV when, to her surprise, she spotted her rental cabin
on-screen — where the suspect was believed to be holed up.

She contacted police and told them that the furnished, 85-year-old cabin had
no cable, telephone or Internet service. No one had booked it for Monday.

"There should have been nobody," she recalled saying. "Nobody
in any way."

Within hours, authorities moved in on the cabin. The fire broke out, setting
off ammunition that had apparently been inside. On TV, viewers saw only the
orange flames and curls of black smoke.

LAPD Chief Beck said his officers have been providing
around-the-clock protection for more than 50 people thought to be Dorner's
targets since the manifesto was discovered.

Police say Dorner's first victims were the daughter of the retired LAPD
official who represented him at his disciplinary hearing and her fiance. Monica Quan and Keith Lawrence were
found shot to death Feb. 3 in their car in their condo complex's parking structure.

Days later, Dorner allegedly attempted to steal a boat in San Diego in a
failed bid to escape to Mexico. By Feb. 7, authorities said, he had fled to the
Inland Empire. In Corona, police said, he fired at an LAPD officer searching
for him at a gas station. About half an later, he allegedly opened fire on two
Riverside officers, killing Michael Crain, 34, and injuring his partner.

Early on in the manhunt, officers mistakenly fired on three people in the
Torrance area — two Latina women and a white man — while searching for Dorner,
who is 6 feet tall and 270 pounds.

After his truck was found in Big Bear, authorities swarmed the area, where
many cabins sit empty during the winter.

At the height of the search, more than 200 officers scoured the mountain,
while others sifted through more than 1,000 tips that poured in after officials
offered a $1-million reward.

Just as some officials began to speculate that the former cop had failed to
survive in the wilderness, Dorner apparently surfaced.

ALSO:

Dorner manhunt: Wounded deputy will need several surgeries

Dorner manhunt: Fish and Wildlife officers make the big break

Dorner manhunt: Maids stumbled on suspect, were tied up, then called 911

--- Andrew Blankstein, Joel Rubin and Ashley
Powers; with Phil Willon, Louis Sahagun, Adolfo
Flores, and Ruben Vives in San Bernardino County and Julie Cart, Matt Stevens, Kate Mather, Wesley Lowery, Samantha Schaefer, Frank Shyong and Rong-Gong Lin II

Photo: San Bernardino County Sheriff's Department public information officer Cindy Bachman updates reporters after a standoff and a shootout with
a man suspected to be former Los Angeles Police Department officer Christopher Dorner. Credit: Kevork Djansezian / Getty Images

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Executive Order Aims to Facilitate Sharing of Information on Threats

President Barack Obama signed an executive order on Tuesday designed to make it easier to disseminate classified information on threats against critical infrastructure systems and to lay the groundwork for obtaining information from the private sector that would help the government protect critical infrastructures in the U.S.

The order, which runs eight pages (.pdf), directs the Attorney General’s office, the office of Homeland Security Secretary Janet Napolitano and the Director of National Intelligence to issue instructions to their agencies that would “ensure the timely production of unclassified reports of cyberthreats to the U.S. homeland that identify a specific targeted entity” to Congress and also develop a program for providing “classified cyber threat and technical information from the Government to eligible critical infrastructure companies or commercial service providers that offer security services to critical infrastructure,” according to the document.

To that end, the order also calls for the government to expedite security clearances to appropriate personnel employed by critical infrastructure owners and operators, so that they can receive information necessary to protect their systems.

“It is the policy of the United States Government to increase the volume, timeliness, and quality of cyber threat information shared with U.S. private sector entities so that these entities may better protect and defend themselves against cyber threats,” the order states.

The order, published in conjunction with a new Presidential Directive on cybersecurity (.pdf), follows numerous failed attempts by Capitol Hill to pass controversial cybersecurity legislation that would have given private companies legal immunity to share information with the government.

The order still allows the private sector to share information with the government, but references established safeguards — such as the Fair Information Practice Principles — for protecting the privacy of customers whose information is shared and also carries some built-in limitations for the kind of information that companies will likely share. The order requires DHS’s chief privacy officer and its officer for civil rights and civil liberties to assess the privacy and civil liberties risks of the programs.

Civil liberties advocates praised the executive order in this regard, but said they will withhold judgment until they see how the information-sharing gets played out in practice.

“A lot of what this shows is that the president can do a lot without cybersecurity legislation,” said Mark Jaycox, policy analyst and legislative assistant for the Electronic Frontier Foundation, who points out that the executive order satisfies the need for information sharing without the privacy problems that existed under legislative proposals where loopholes would have allowed companies to dump large amounts of data on the government in an effort to obtain legal immunities. Without those immunities, companies will by nature be more circumspect about what they provide the government, thus limiting what they hand over Jaycox said.

“An [executive order] can’t grant broad immunities to companies … so it will tighten the information that can be shared, and the government won’t be on the receiving end of tons of tons of information,” Jaycox said. “Companies will be more mindful about what they share.”

Although the order comes after a number of failed attempts by Congress last year to pass cybersecurity legislation, the White House has indicated that it doesn’t see the executive order as a substitute for legislation, and the order even indicates that further legislation is not ruled out in addressing the critical infrastructure issue.

Not everyone is happy with the order, however. Sen. Charles E. Grassley (R-Iowa) told the Washington Post that the president was out of line in bypassing legislation.

“It is a very dangerous road he’s going down contrary to the spirit of the Constitution,” Sen. Grassley said. “Just because Congress doesn’t act doesn’t mean the president has a right to act.”

The Cyber Intelligence Sharing and Protection Act, which passed the House last year but failed to gain support in the Senate, was one piece of legislation that garnered a lot of criticism from civil liberties groups who were happy to see it fail. EFF and others criticized the bill for failing to provide enough safeguards to protect the digital privacy of customers when private entities such as ISPs and others shared threat information with the government.

CISPA would have allowed companies to share sensitive and personal data with the National Security Agency and other government agencies without requiring companies to make reasonable efforts to protect their customers’ privacy. The bill also failed to adequately define how the government could use the data, saying only that it would be used for “national security” purposes.

House Intelligence Committee Chairman Mike Rogers (R-Michigan) and Ranking Member C.A. Dutch Ruppersberger (D-Maryland) plan on reintroducing CISPA this week.

Critical infrastructure sectors include chemical, communications, dams, critical manufacturing, emergency services, food and agriculture, energy, defense industrial base, healthcare and public health, government facilities, water and wastewater and transportation, among a few others.

DHS currently oversees the National Cybersecurity and Communications Integration Center, a 24-hour watch center tied in with other federal watch centers that parses threat information that comes in to the center and monitors government civilian networks for signs of cyber threats. DHS, along with the Department of Energy, also operates the Industrial Control System – Computer Emergency Readiness Team, which helps assess industrial control systems for vulnerabilities and maintains a flyaway team to assist critical infrastructure owners in the private sector with responding to suspected attacks on their networks.

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Beyonce hopes her documentary inspires Blue Ivy

NEW YORK (AP) — Beyonce is hoping that her ultra-revealing documentary will someday provide inspiration for Blue Ivy, the year-old daughter she and husband Jay-Z have.

“I hope that she will see all of the beautiful times (and) all the tough times that led up to her being here,” the singer said Tuesday night at the New York premiere of her upcoming HBO documentary, “Life is But a Dream.”

She added: “I’m hoping that … it can comfort her and inspire her in her life when she needs it.”

The autobiographical film takes a no-holds-barred look at the entertainer. It stems from personal conversations the 31-year old singer made using the video camera on her computer over the past couple of years. It also includes home movies of the Grammy-winning singer and her two sisters.

In the film, Beyonce candidly discusses personal matters like her miscarriage, reports of faking her pregnancy, and firing her father as her manager.

She claims the process of talking into a camera to get all her thoughts out was therapeutic.

“I really grew so much,” she says of the process. “This movie has really been my therapy. I’ve healed from so many wounds and I’ve been able to understand why some of the things I’ve been through, why I went through, so feel really proud, and hopefully I can inspire other people.”

The singer has been private about her life in the past. But she felt the time was right to let people know how she felt.

“I felt that after 16 years of being a public singer, people didn’t know who I was,” she admitted. But then she added: “I will always keep certain things to myself because it’s only natural.”

Oprah Winfrey made a surprise visit to the premiere, and posed with Beyonce on the red carpet. Before going into the Ziegfeld Theatre, Winfrey, known for her tough, results-driven interview style, was asked if this was the kind of story she would have done on Beyonce.

She said Beyonce did a “much better job” of telling her own story. “I wouldn’t have been in the bedroom and in the closet and in the car and on vacation,” she said.

Beyonce acted as the film’s executive producer and co-directed it with Ed Burke. He previously worked on some of her video projects. “Life is But a Dream” airs Saturday on HBO.

_____

Online:

http://www.hbo.com

___

John Carucci covers entertainment for The Associated Press. Follow him at — http://www.twitter.com/jcarucci_ap

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Well: Getting the Right Dose of Exercise

Phys Ed

Gretchen Reynolds on the science of fitness.

A common concern about exercise is that if you don’t do it almost every day, you won’t achieve much health benefit. But a commendable new study suggests otherwise, showing that a fairly leisurely approach to scheduling workouts may actually be more beneficial than working out almost daily.

For the new study, published this month in Exercise & Science in Sports & Medicine, researchers at the University of Alabama at Birmingham gathered 72 older, sedentary women and randomly assigned them to one of three exercise groups.

One group began lifting weights once a week and performing an endurance-style workout, like jogging or bike riding, on another day.

Another group lifted weights twice a week and jogged or rode an exercise bike twice a week.

The final group, as you may have guessed, completed three weight-lifting and three endurance sessions, or six weekly workouts.

The exercise, which was supervised by researchers, was easy at first and meant to elicit changes in both muscles and endurance. Over the course of four months, the intensity and duration gradually increased, until the women were jogging moderately for 40 minutes and lifting weights for about the same amount of time.

The researchers were hoping to find out which number of weekly workouts would be, Goldilocks-like, just right for increasing the women’s fitness and overall weekly energy expenditure.

Some previous studies had suggested that working out only once or twice a week produced few gains in fitness, while exercising vigorously almost every day sometimes led people to become less physically active, over all, than those formally exercising less. Researchers theorized that the more grueling workout schedule caused the central nervous system to respond as if people were overdoing things, sending out physiological signals that, in an unconscious internal reaction, prompted them to feel tired or lethargic and stop moving so much.

To determine if either of these possibilities held true among their volunteers, the researchers in the current study tracked the women’s blood levels of cytokines, a substance related to stress that is thought to be one of the signals the nervous system uses to determine if someone is overdoing things physically. They also measured the women’s changing aerobic capacities, muscle strength, body fat, moods and, using sophisticated calorimetry techniques, energy expenditure over the course of each week.

By the end of the four-month experiment, all of the women had gained endurance and strength and shed body fat, although weight loss was not the point of the study. The scientists had not asked the women to change their eating habits.

There were, remarkably, almost no differences in fitness gains among the groups. The women working out twice a week had become as powerful and aerobically fit as those who had worked out six times a week. There were no discernible differences in cytokine levels among the groups, either.

However, the women exercising four times per week were now expending far more energy, over all, than the women in either of the other two groups. They were burning about 225 additional calories each day, beyond what they expended while exercising, compared to their calorie burning at the start of the experiment.

The twice-a-week exercisers also were using more energy each day than they had been at first, burning almost 100 calories more daily, in addition to the calories used during workouts.

But the women who had been assigned to exercise six times per week were now expending considerably less daily energy than they had been at the experiment’s start, the equivalent of almost 200 fewer calories each day, even though they were exercising so assiduously.

“We think that the women in the twice-a-week and four-times-a-week groups felt more energized and physically capable” after several months of training than they had at the start of the study, says Gary Hunter, a U.A.B. professor who led the experiment. Based on conversations with the women, he says he thinks they began opting for stairs over escalators and walking for pleasure.

The women working out six times a week, though, reacted very differently. “They complained to us that working out six times a week took too much time,” Dr. Hunter says. They did not report feeling fatigued or physically droopy. Their bodies were not producing excessive levels of cytokines, sending invisible messages to the body to slow down.

Rather, they felt pressed for time and reacted, it seems, by making choices like driving instead of walking and impatiently avoiding the stairs.

Despite the cautionary note, those who insist on working out six times per week need not feel discouraged. As long as you consciously monitor your activity level, the findings suggest, you won’t necessarily and unconsciously wind up moving less over all.

But the more fundamental finding of this study, Dr. Hunter says, is that “less may be more,” a message that most likely resonates with far more of us. The women exercising four times a week “had the greatest overall increase in energy expenditure,” he says. But those working out only twice a week “weren’t far behind.”

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Media Decoder Blog: Comcast Buys Rest of NBC in Early Sale

8:53 p.m. | Updated Comcast gave NBCUniversal a $16.7 billion vote of confidence on Tuesday, agreeing to pay that sum to acquire General Electric’s remaining 49 percent stake in the entertainment company. The deal accelerated a sales process that was expected to take several more years.

Brian Roberts, chief executive of Comcast, said the acquisition, which will be completed by the end of March, underscored a commitment to NBCUniversal and its highly profitable cable channels, expanding theme parks and the resurgent NBC broadcast network.

“We always thought it was a strong possibility that we’d some day own 100 percent,” Mr. Roberts said in a telephone interview.

He added that the rapidly changing television business and the growing necessity of owning content as well as the delivery systems sped up the decision. “It’s been a very smooth couple of years, and the content continues to get more valuable with new revenue streams,” he said.

Comcast also said that NBCUniversal would buy the NBC studios and offices at 30 Rockefeller Center, as well as the CNBC headquarters in Englewood Cliffs, N.J. Those transactions will cost about $1.4 billion.

Mr. Roberts called the 30 Rockefeller Center offices “iconic” and said it would have been “expensive to replicate” studios elsewhere for the “Today” show, “Saturday Night Live,” “Late Night With Jimmy Fallon” and other programs produced there. “We’re proud to be associated with it,” Mr. Roberts said of the building.

With the office space comes naming rights for the building, according to a General Electric spokeswoman. So it is possible that one of New York’s most famous landmarks, with its giant red G.E. sign, could soon be displaying a Comcast sign instead.

When asked about a possible logo swap on the building, owned by Tishman Speyer, Mr. Roberts told CNBC, that is “not something we’re focused on talking about today.” Nevertheless, the sale was visible in a prominent way Tuesday night: the G.E. letters, which have adorned the top of 30 Rock for several decades, were not illuminated for an hour after sunset. But the lights flickered back on later in the evening.

Comcast, with a conservative, low-profile culture, had clashed with the G.E. approach, according to employees and executives in television. Comcast moved NBCUniversal’s executive offices from the 52nd floor to the 51st floor — less opulent space that features smaller executive offices and a cozy communal coffee room instead of General Electric’s lavish executive dining room.

Comcast took control of NBCUniversal in early 2011 by acquiring 51 percent of the media company from General Electric. The structure of the deal gave Comcast the option of buying out G.E. in a three-and-a-half to seven-year time frame. In part because of the clash in corporate cultures, television executives said, both sides were eager to accelerate the sale.

Price was also a factor. Mr. Roberts said he believed the stake would have cost more had Comcast waited. Also, he pointed to the company’s strong fourth-quarter earnings to be released late Tuesday afternoon, which put it in a strong position to complete the sale.

Comcast reported a near record-breaking year with $20 billion in operating cash flow in the fiscal year 2012. In the three months that ended Dec. 31, Comcast’s cash flow increased 7.3 percent to $5.3 billion. Revenue at NBCUniversal grew 4.8 percent to $6 billion.

“We’ve had two years to make the transition and to make the investments that we believe will continue to take off,” Mr. Roberts said.

The transactions with General Electric will be largely financed with $11.4 billion of cash on hand, $4 billion of subsidiary senior unsecured notes to be issued to G.E. and a $2 billion in borrowings.

Even with the investment in NBCUniversal, Comcast said it would increase its dividend by 20 percent to 78 cents a share and buy back $2 billion in stock in 2013.

When it acquired the 51 percent stake two years ago, Comcast committed to paying about $6.5 billion in cash and contributed all of its cable channels, including E! and some regional sports networks, to the newly established NBCUniversal joint venture. Those channels were valued at $7.25 billion.

The transaction made Comcast, the single biggest cable provider in the United States, one of the biggest owners of cable channels, too. NBCUniversal operates the NBC broadcast network, 10 local NBC stations, USA, Bravo, Syfy, E!, MSNBC, CNBC, the NBC Sports Network, Telemundo, Universal Pictures, Universal Studios, and a long list of other media brands.

Mr. Roberts and Michael J. Angelakis, vice chairman and chief financial officer for the Comcast Corporation, led the negotiations that began last year with Jeffrey R. Immelt, chief executive of General Electric, and Keith Sharon, the company’s chief financial officer. JPMorgan Chase, Goldman Sachs, Centerview Partners and CBRE provided financial and strategic advice.

The sale ends a long relationship between General Electric and NBC that goes back before the founding days of television. In 1926, the Radio Corporation of America created the NBC network. General Electric owned R.C.A. until 1930. It regained control of R.C.A., including NBC, in 1986, in a deal worth $6.4 billion at the time.

In a slide show on the company’s “GE Reports” Web site titled “It’s a Wrap: GE, NBC Part Ways, Together They’ve Changed History,” G.E. said the deal with Comcast “caps a historic, centurylong journey for the two companies that gave birth to modern home entertainment.”

Mr. Immelt has said that NBCUniversal did not mesh with G.E.’s core industrial businesses. That became even more apparent when the company became a minority stakeholder with no control over how the business was run, according to a person briefed on G.E.’s thinking who could not discuss private conversations publicly.

“By adding significant new capital to our balanced capital allocation plan, we can accelerate our share buyback plans while investing in growth in our core businesses,” Mr. Immelt said in a statement. He added: “For nearly 30 years, NBC — and later NBCUniversal — has been a great business for G.E. and our investors.”

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Ex-Bell officials defend themselves as honorable public servants

Less than three years ago, they were handcuffed and taken away in a case alleged to be so extensive that the district attorney called it "corruption on steroids."

But on Monday, two of the six former Bell council members accused of misappropriating money from the small, mostly immigrant town took to the witness stand and defended themselves as honorable public servants who earned their near-$100,000 salaries by working long hours behind the scenes.

During her three days on the stand, Teresa Jacobo said she responded to constituents who called her cell and home phone at all hours. She put in time at the city's food bank, organized breast cancer awareness marches, sometimes paid for hotel rooms for the homeless and was a staunch advocate for education.

"I was working very hard to improve the lives of the citizens of Bell," she said. "I was bringing in programs and working with them to build leadership and good families, strong families."

Jacobo, 60, said she didn't question the appropriateness of her salary, which made her one of the highest-paid part-time council members in the state.

Former Councilman George Mirabal said he too worked a long, irregular schedule when it came to city affairs.

"I keep hearing time frames over and over again, but there's no clock when you're working on the council," he said Monday. "You're working on the circumstances that are facing you. If a family calls … you don't say, '4 o'clock, work's over.' "

Mirabal, 65, said he often reached out to low-income residents who didn't make it to council meetings, attended workshops to learn how to improve civic affairs and once even made a trip to a San Diego high school to research opening a similar tech charter school in Bell.

"Do you believe you gave everything you could to the citizens of Bell?" asked his attorney, Alex Kessel.

"I'd give more," Mirabal replied.

Both Mirabal and Jacobo testified that not only did they perceive their salaries to be reasonable, but they believed them to be lawful because they were drawn up by the city manager and voted on in open session with the city attorney present.

Mirabal, who once served as Bell's city clerk, even went so far as to say that he was still a firm supporter of the city charter that passed in 2005, viewing it as Bell's "constitution." In a taped interview with authorities, one of Mirabal's council colleagues — Victor Bello — said the city manager told him the charter cleared the way for higher council salaries.

Prosecutors have depicted the defendants as salary gluttons who put their city on a path toward bankruptcy. Mirabal and Jacobo, along with Bello, Luis Artiga, George Cole and Oscar Hernandez, are accused of drawing those paychecks from boards that seldom met and did little work. All face potential prison terms if convicted.

Prosecutors have cited the city's Solid Waste and Recycling Authority as a phantom committee, created only as a device for increasing the council's pay. But defense attorneys said the authority had a very real function, even in a city that contracted with an outside trash company.

Jacobo testified that she understood the introduction of that authority to be merely a legal process and that its purpose was to discuss how Bell might start its own city-run trash service.

A former contract manager for Consolidated Disposal Service testified that Bell officials had been unhappy with the response time to bulky item pickups, terminating their contract about 2005, but that it took about six years to finalize because of an agreement that automatically renewed every year.

Deputy Dist. Atty. Edward Miller questioned Mirabal about the day shortly after his 2010 arrest that he voluntarily told prosecutors that no work was done on authorities outside of meetings.

Mirabal said that if he had made such a statement, it was incorrect. He said he couldn't remember what was said back then and "might have heed and hawed."

"So it's easy to remember now?" Miller asked.

"Yes, actually."

"More than two years after charges have been filed, it's easier for you to remember now that you did work outside of the meetings for the Public Finance Authority?"

"Yes, sir."

Miller later asked Mirabal to explain a paragraph included on City Council agendas that began with the phrase, "City Council members are like you."

After some clarification of the question, Mirabal answered: "That everybody is equal and that if they look into themselves, they would see us."

corina.knoll@latimes.com

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