At University of Miami, Justice Sonia Sotomayor gets real

From her days as a young girl in the Bronx being raised by her mother after the death of her father to becoming the first Hispanic on the highest judicial body in the country, U.S. Supreme Court Justice Sonia Sotomayor told the story of her journey before a captivated audience at the University of Miami on Friday night.

Sotomayor spoke with University of Miami President Donna E. Shalala at the BankUnited Center to University of Miami students, Coral Gables residents and perhaps a future Supreme Court justice about the inspiration behind her recently published memoir My Beloved World.

“Love and passion, that is the only way you do something well,” Sotomayor said. “Do a few things, but do them well.”

Sotomayor, 58, spoke of the many things that inspired her to share her story with the world, one of which was in responses to questions she hadn’t expected during her confirmation process, such as how children cope when a parent dies, especially if they don’t have a mother like hers.

“I began to understand that I couldn’t talk to every child in the country,” Sotomayor said. “I could give them the answers in a book.”

One child she did embrace and speak with on Friday evening was a young girl in the audience named Madeline. Madeline, who was introduced by Shalala, and Sotomayor turned out to have one thing in common: a love for Nancy Drew.

Sotomayor credits the lessons she learned from the fictional tales of a young girl detective as one of the motivations for her successful career.

“When she [Nancy Drew] was trying to solve people’s problems,” Sotomayor told Madeline, “she was trying to help people.”

“I think too many young lawyers forget that the law is the noblest profession you can enter,” Sotomayor said. “What you do is helping people.”

When asked what other profession she would have ever considered going into, Sotomayor said there was not one. “This fish found her pond, and she ain’t changing it,” Sotomayor said.

Shalala questioned Sotomayor about her life as a diabetic, which her memoir speaks of at great length.

“If you have diabetes and want to live a full life, you figure out how to have both things,” Sotomayor said.

She was diagnosed with juvenile diabetes at 8 and she credits living with the chronic illness with teaching her discipline. “Every moment of every day I am self-monitoring inside,” Sotomayor said.

That constant discipline, she said, teaches you to do things like monitoring diet, something she feels everybody should do.

With many students in the audience, she was asked about her scariest experience in law school.

“Being there,” Sotomayor chuckled. “If you think you are smart in college, you realize how dumb you are.”

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Netflix CEO fights for the right to post company milestones on Facebook

It may not seem like the most pressing matter in an era of massive financial scandals, but the Securities and Exchange Commission has decided to go after Netflix (NFLX) CEO Reed Hastings for posting information about Netflix company milestones on his Facebook (FB) page. According to Bloomberg, the SEC believes that Hastings’ Facebook post, which announced that Netflix users had watched more than 1 billion hours of content over the company’s streaming service, may have violated regulations requiring that such information must be disclosed “through a press release on a widely disseminated news or wire service, or by ‘any other non-exclusionary method’ that provides broad public access.” 

[More from BGR: BlackBerry doesn’t need to catch up with Android and iOS overnight, it needs to live to fight another day]

But despite being served with a Wells Notice for the post late last year, Bloomberg reports Hastings isn’t backing down from his belief that he has the right to share this kind of company information over Facebook.

[More from BGR: New leak details two more unannounced HTC smartphones]

“I wasn’t setting out to set an example,” Hastings told Bloomberg this week. “I was sharing something to these 200,000 people [who follow his Facebook feed]. I’m not going to back down and say it’s inappropriate. I think it’s perfectly fine. Sometimes you’re just the example that triggers the debate.”

Bloomberg notes that after the SEC sent a Wells Notice to Hastings, there have been “calls for the SEC to broaden its rules to allow social media such as Facebook and Twitter to be used to communicate to investors.”

This article was originally published on BGR.com

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Elderly SI man fatally struck while crossing the street near his home

An elderly man was struck and killed crossing the street near his home in Staten Island, police said.

Bujar Hasimja, 72, and a woman, 64, were walking across Jefferson Avenue near Mason Avenue in Dongan Hills when a gray Nissan Armada making a left turn hit them about 7:30 p.m. yesterday, cops said.

EMS rushed the two pedestrians to Staten Island University Hospital, but Hasimja did not survive, authorities said. The woman was listed in stable condition.

The driver stayed on the scene, and no criminality is suspected, police added.

Hasimja lived near the scene of the accident.

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Healthcare experts see bumpy road ahead: “Shift happens”

The healthcare industry in South Florida, like the rest of the country, faces huge challenges in the year ahead as major federal reforms kick in, experts told about 700 people at a University of Miami conference on Friday.

“We are at a critical time in health policy,” said Mark McClellan, former head of the Centers for Medicare and Medicaid Services. “There are going to be some bumps along the way,” especially starting in 11 months, when the biggest changes in the Affordable Care Act kick in.

“Bumps may be understating what we may go through,” said Patrick Geraghty, chief executive of Florida Blue, the state’s largest health insurer.

They spoke at the conference on the Business of Healthcare Post-Election. The speakers accepted the federal reforms — often referred to as Obamacare — as not only inevitable but necessary. As Tom Daschele, a former Democratic U.S. senator from South Dakota, put it, “having 50 million uninsured is just unacceptable.”

But the reform act, signed into law in 2010, contains more than 2,000 pages, plus thousands of pages more of enabling regulations — details that will have major, and perhaps unexpected, impacts on the healthcare industry, which now makes up almost 20 percent of the nation’s economy.

In October, insurance exchanges will open for enrollment — groups that will allow individuals and small businesses to purchase policies with no exclusions for pre-existing conditions. Starting next January, virtually everyone will be required to have insurance, Medicaid will expand in many states, and businesses with more than 50 full-time equivalent employees will be required to provide insurance or pay fines.

“Jan. 1 is a very significant date,” said Steven Ulllmann, director of health policy programs at the UM business school. He called reforms “a process” that will change over time.

“The one thing we know is that healthcare reform will be reformed,” said Chris Jennings, a Washington health policy advisor for the Clinton administration and three senators.

Karen Ignagni, president of America’s Health Insurance Plans, the insurers’ trade group, said she had strong ideas about tweaks that could minimize disruption. One arcane, but crucial provision of the law requires that an older person’s policy can be no more than three times as expensive as a young person’s.

The provision will mean huge increases in the policies of younger persons, to pay for the much higher costs of their elders. Insurers are asking for that policy to be postponed for two years, retaining the present maximum spread of about five to one, so that younger people could sign up for insurance without huge sticker shock.

For example, if a 25-year-old pays $100 and a 60-year-old pays $500, the new rule would hike the younger person’s premium to $150 and cut the older person’s premium to $450 — a 50 percent increase for one and a 10 percent decrease for the other.

The thinking of lawmakers was that by lowering ratio, the costs of healthcare would be spread out and shared more equally by the population.

Anne Phelps, a healthcare principal with Ernst & Young, said she favored another change in the law, which now requires that next year a company with the equivalent of 50 employees to provide insurance for anyone working more than 30 hours a week or pay a fine. She thought the threshold should be raised to 32 or 34 hours.

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Feral cats to be trapped at federal wildlife refuges in Florida Keys

Efforts to protect native animals in Florida Keys wildlife refuges will trap feral cats and other unwanted "pests," say federal managers.

The "Final Integrated Pest Management Plan" for the Florida Keys National Wildlife Refuges, released this week, says U.S. Fish and Wildlife Service staff "will begin actively controlling and removing certain exotic animals from public lands within these refuges."

That includes national wildlife lands at Crocodile Lake on North Key Largo, National Key Deer Refuge based on Big Pine Key, and the Great White Heron and Key West refuges in the Lower Keys.

"They've been talking about this for several years but this is the first we've heard that they're actually going to begin implementation," said Jerry Dykhuisen, an officer of Forgotten Felines, a cat-rescue group in the Middle and Lower Keys.

Forgotten Felines and several other national animal groups oppose trapping feral cats, which often are considered unadoptable and put to death.

A number of conservation groups including the Sierra Club, National Wildlife Federation and the American Bird Conservancy support the plan, saying birds and local endangered species have few defenses against predatory cats that do not belong in Keys wild areas.

"In terms of influencing the Lower Keys marsh rabbit or Key Largo woodrats chance of persisting, the significance of cat predation exceeds other threats," says the management plan. "Cats impact a remarkable proportion of species in affected communities."

White-crowned pigeons and many other protected bird species "depend upon Keys habitats to sustain them before and after long, over-water migrations," said Audubon Florida's Julie Wraithmell in an FWS statement. "This management plan helps ensure a future for these species in the Florida Keys."

Phillip Hughes, an FWS biologist and acting manager at the Key Deer refuge, said the agency will not mount a large-scale trapping program, but will place traps in known areas where cats and wildlife may come together.

Cats captured will be taken to local animal shelters where staff "can use their expertise regard final disposition of the cats..."

That could include trying to place the cats with "responsible pet owners or placement in long-term cat care facilities on the mainland."

The county-contracted shelter closest to Big Pine Key is based in Marathon.

"When they were talking about this before, there was a no-kill shelter on Big Pine where people could go to get their pets back," Dykhuisen said. "Now there's no shelter at all, so that's a complicating factor."

Iguanas, also considered an unwanted exotic species that eats plants needed by native wildlife, also could be targeted under the plan.

When the draft Pest Management Plan was published in late 2010, the Fish and Wildlife Service received 9,614 comments. The final plan says "over 99 percent" of those were "Internet-generated letters with standard comments."

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3 Things That Still Worry Me About BlackBerry

BlackBerry put on a pretty good show on Wednesday when it revealed the Z10 and the Q10, its first new smartphones in a year and a half. The demos were crisp, and the new BlackBerry 10 software looked clever. At the very least, it seems that BlackBerry has finally joined the modern smartphone era.

But despite my interest in BlackBerry’s new phones, I’m still worried about the future of the platform, and not merely because it’s been off the radar for a while. Looking at what BlackBerry did and didn’t announce, and what reviewers are saying about the product, gives me a few big reasons for concern:

Apps, Both Present and Future

BlackBerry deserves credit for having lots of apps out of the gate–more than 70,000, the company says–including some important ones like Twitter, Facebook, Angry Birds and The New York Times. Still, there are some big names missing from the list, including Netflix, YouTube, Spotify and Instagram. You can’t expect a new platform to have everything right away, though, so I don’t want to judge BlackBerry’s current app count too harshly.

It’s the future that I’m really worried about. What happens when the next Instagram comes out, and becomes a sensation on the iPhone and Android? Will BlackBerry be like Windows Phone–that is, just an afterthought in the minds of up-and-coming app developers? The good news is that Android apps are relatively easy to port to BlackBerry 10 (in fact, roughly 40 percent of those 70,000 launch apps are simple ports, ReadWrite notes), so RIM just has to convince developers to make a relatively small effort. We’ll see if they do.

Never Neglect Maps

The consensus among BlackBerry Z10 reviews is that its Maps app is subpar. The Verge complained about inaccurate data, and said the software couldn’t reliably find local businesses. CNet bemoaned a lack of features, such as walking directions, transit maps and street views. Apparently the software doesn’t even let you jump into the Maps app by tapping on an address or map in the web browser. That’s just basic stuff. At least the Maps app includes voice-guided turn-by-turn directions.

In any case, having a good mapping service isn’t just about telling you where to go. It’s about using your location to deliver useful information. Google Now, for instance, can warn you about traffic before your commute home, and Apple‘s Passbook can call up a boarding pass when you get to the airport. These days, a really good standalone Maps app is only part of the equation, and BlackBerry doesn’t even have that yet.

Voice Commands and Virtual Assistants

BlackBerry has added voice commands in its new phones, but the list of supported actions is paltry compared to what Android and the iPhone offer. You can’t ask for movie times, the weather forecast, directions, or things to do. You can’t tell the phone to start playing music, answer a trivia question, calculate numbers or set reminders.

You may argue that it doesn’t matter, that most people don’t rely too heavily on voice commands to begin with. I think that will change as these virtual assistants become faster and support more types of queries. They’ll also become more useful in automobiles–in fact, some car makers are now starting to integrate Siri–and they may some day play a big role in wearable computing, allowing you to communicate by voice when your phone is just out of reach. It’s still early days for this kind of technology, but Apple and Google already have a huge head start. BlackBerry, by comparison, is just getting started.

I’m not saying the new BlackBerry phones are no good, or that no one should use them. Like I said before, the software has some clever ideas, such as the Hub that combines all communications into one area, and the Balance feature that acts as a separate login for business use. But the smartphone industry moves quickly, and BlackBerry’s period of rebuilding has taken its toll in a few key areas. As with before, it’s going to be hard for the company to catch up.

MORE: Check out a video about the new hardware and features

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British prosecutors won't press charges against royal hoax DJs

LONDON — British prosecutors said Friday they will not press charges against two Australian DJs over the royal hoax call that preceded a nurse's suicide.

Two Australian DJs impersonated Queen Elizabeth II and her son, Prince Charles, as they phoned London's King Edward VII hospital in December to ask about the condition of the Duchess of Cambridge, formerly Kate Middleton, who had been hospitalized for treatment of acute morning sickness stemming from her pregnancy.

Nurse Jacintha Saldanha, who put the call through to a colleague who in turn described the details of Kate's condition, was found hanged in her room three days after the prank was broadcast across the world.

REUTERS

Mel Greig and Michael Christian

Prosecutors on Friday said there was no evidence to support a charge of manslaughter, and despite "some evidence" to warrant further investigation of offenses under Britain's Data Protection Act and Malicious Communications Act, any potential prosecution would not be in the public interest.

The Crown Prosecution Service said that decision was taken because it isn't possible to extradite from Australia for those potential offenses, and because "however misguided, the telephone call was intended as a harmless prank."

DJs Michael Christian and Mel Greig —apologized after Saldanha's death in emotional interviews on Australian television, saying they never expected their call would be put through.

The radio show behind the call, the "Hot 30" program, was taken off air following Saldanha's death and later canceled.

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Mompreneur jumps into the ‘Shark Tank’

It all started with a 4 a.m. email nearly a year ago: “Do you think a baby bib could change the world? I do...”

Then Susie Taylor included a link to her website, bibbitec.com, and off it went to Shark Tank, the popular ABC television show where entrepreneurs pitch their companies to investors on the show — and by extension, 7 million viewers.

Four months later, as the “mompreneur” was leaving her Biscayne Park home to pick up her kids from school, she got a call from the show asking her to pitch on the spot. Driving with her phone on her shoulder, she told the Bibbitec story.

Shark Tank bit. After a few more back and forths, her segment was filmed last summer.

Friday night, Taylor is scheduled to be on the show pitching Bibbitec’s main product, “The Ultimate Bib,” a patented generously sized, stain-resistant and fast-drying child’s bib made in the USA — Hialeah, to be exact. Bibbitec’s $30 bib can be a burp cloth, changing pad, breast feeding shield, full body bib, place mat, art smock and more, Taylor says.

We won’t be getting any details on what happens Friday night when she and her husband, Stephen Taylor, get into the tank with Daymond John, Mark Cuban and the other celebrity sharks; Taylor has been contractually sworn to secrecy. But whatever the outcome, she believes it will be worth it for the marketing pop.

Taylor was inspired to create her bib after a long and very messy plane ride with her two young sons and started Bibbitec in 2008. She and her team — her husband is CFO, her sister, Heather McCabe, handles sales and marketing, her uncle, Richard Page, is in charge of production, and her aunt, Marcia Kreitman, advises on design — have expanded the line to include The Ultimate Smock for older children and the Ultimate Mini for babies. Coming soon: a smock for adults.

Taylor already got a taste of what a national TV show appearance can do for sales. In September, Bibbitec’s sales jumped 40 percent after she was on an ABC World News "Made in America" segment. “Within 30 seconds, we started getting sales from all over the country and they didn’t even mention our name on the air,” Taylor says. She said that confirmed her belief that a Shark Tank appearance would be worth it.

Plus, Taylor has been hooked on Shark Tank since the first time she watched it in 2008 as she was developing her product. Trained in theater, she admits she didn’t know much about business and learned from the show. She would practice how she would answer the questions.

“I’m all about empowering women who are sitting on the couch watching, because that’s what I was four years ago,” says Taylor. “All I wanted to do was to be on Shark Tank because I believed if I got on Shark Tank the world will see what I am trying to do and that’s all I need. I know it’s a great product.”

Will that theater training come in handy Friday night? Stay tuned. Shark Tank airs at 9 p.m. on ABC and Taylor hopes viewers will join in on Twitter using the hashtag #sharkbib.

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Judge to sentence man in South Beach rape and murder

An Orlando man convicted of kidnapping, raping and executing a South Miami High teen will learn Thursday if he is to be sent to Death Row.

Joel Lebron, 34, was convicted in October of the April 2002 killing of Ana Maria Angel, a case that shocked South Florida.

By a 9-3 vote, a jury recommended that Lebron be executed. Miami-Dade Circuit Judge William Thomas will read his sentence at 11 a.m.

It is rare for a judge to go against a jury’s recommendation in a death penalty case.

Lebron was one of five Orlando men who kidnapped Angel and her boyfriend, Nelson Portobanco, as the couple finished a romantic stroll on South Beach.

The men gang raped Angel, then slit Portobanco’s throat and left him on the side of Interstate 95 in Broward County. He survived and alerted police.

Alongside the interstate in Palm Beach County, Lebron and another man later marched Angel down an embankment, into the brush near a sound barrier wall. Lebron shot Angel in the back of the head as she begged for her life, her hands clasped in prayer.

The evidence against Lebron was overwhelming. Investigators traced a phone call made by one of the men to an Orlando address, where the couple’s stolen belongings were found.

Lebron confessed in chilling detail to investigators. His boots also had been splashed with Portobanco’s blood, and his DNA was matched to semen found inside the victim.

All five of the men have now been convicted. One of them, Victor Caraballo, originally sent to Death Row by Judge Thomas, is awaiting a re-sentencing after the Florida Supreme Court vacated the sentence.

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Facebook slumps as mobile ad growth fails to impress

(Reuters) – Shares of Facebook Inc were set to open 7 percent lower on Thursday as a surge in fourth-quarter mobile advertising revenue failed to live up to Wall Street’s high expectations.

Three brokerages downgraded the stock of the No. 1 social network, which has struggled to develop a full-fledged mobile advertising business.

Facebook has long established itself as one of the most important websites, but investors have worried that until the company’s mobile advertising strategy takes off, revenue growth will remain shaky.

The company reported a better-than-expected fourth-quarter profit on Wednesday and said its mobile advertising revenue doubled to $ 306 million, suggesting it was making inroads into handheld devices such as smartphones and tablets.

Investors were looking for at least $ 350 million in mobile advertising revenue, Piper Jaffray analyst Gene Munster said in a note to clients.

“While the trajectory of mobile growth may not be as steep as some investors were hoping, the theme of mobile as the future of Facebook remains intact,” he said.

BMO Capital Markets analyst Daniel Salmon, who downgraded the stock to “market perform” from “outperform”, however said Facebook’s 2013 stock performance would not be dictated by its ability to generate mobile ad dollars.

He said new catalysts were necessary to drive Facebook’s stock price up.

Facebook’s stock, which has lost over a quarter of its value since its botched debut in May, were down at $ 29.08 in premarket trading. The shares closed at $ 31.24 on the Nasdaq on Wednesday.

(Reporting by Neha Alawadhi in Bangalore; Editing by Saumyadeb Chakrabarty)

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Qns. creep busted after he exposed self to two young girls: cops

Police arrested the sicko who allegedly exposed himself to two young girls who he followed on their walk to school in Queens.

Dagoberto Amaya, 32, trailed the 12 and 13 year old as they were walking on Bowne Street in Flushing on Monday at 7:40 a.m., police said.

The creep tried to strike up a conversation with the youngsters, exposed himself to them and then ran off, police said.

Amaya was busted yesterday on charges of endangering the welfare of a child and public lewdness, police said.

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Mompreneur jumps into the ‘Shark Tank’

It all started with a 4 a.m. email nearly a year ago: “Do you think a baby bib could change the world? I do...”

Then Susie Taylor included a link to her website, bibbitec.com, and off it went to Shark Tank, the popular ABC television show where entrepreneurs pitch their companies to investors on the show — and by extension, 7 million viewers.

Four months later, as the “mompreneur” was leaving her Biscayne Park home to pick up her kids from school, she got a call from the show asking her to pitch on the spot. Driving with her phone on her shoulder, she told the Bibbitec story.

Shark Tank bit. After a few more back and forths, her segment was filmed last summer.

Friday night, Taylor is scheduled to be on the show pitching Bibbitec’s main product, “The Ultimate Bib,” a patented generously sized, stain-resistant and fast-drying child’s bib made in the USA — Hialeah, to be exact. Bibbitec’s $30 bib can be a burp cloth, changing pad, breast feeding shield, full body bib, place mat, art smock and more, Taylor says.

We won’t be getting any details on what happens Friday night when she and her husband, Stephen Taylor, get into the tank with Daymond John, Mark Cuban and the other celebrity sharks; Taylor has been contractually sworn to secrecy. But whatever the outcome, she believes it will be worth it for the marketing pop.

Taylor was inspired to create her bib after a long and very messy plane ride with her two young sons and started Bibbitec in 2008. She and her team — her husband is CFO, her sister, Heather McCabe, handles sales and marketing, her uncle, Richard Page, is in charge of production, and her aunt, Marcia Kreitman, advises on design — have expanded the line to include The Ultimate Smock for older children and the Ultimate Mini for babies. Coming soon: a smock for adults.

Taylor already got a taste of what a national TV show appearance can do for sales. In September, Bibbitec’s sales jumped 40 percent after she was on an ABC World News "Made in America" segment. “Within 30 seconds, we started getting sales from all over the country and they didn’t even mention our name on the air,” Taylor says. She said that confirmed her belief that a Shark Tank appearance would be worth it.

Plus, Taylor has been hooked on Shark Tank since the first time she watched it in 2008 as she was developing her product. Trained in theater, she admits she didn’t know much about business and learned from the show. She would practice how she would answer the questions.

“I’m all about empowering women who are sitting on the couch watching, because that’s what I was four years ago,” says Taylor. “All I wanted to do was to be on Shark Tank because I believed if I got on Shark Tank the world will see what I am trying to do and that’s all I need. I know it’s a great product.”

Will that theater training come in handy Friday night? Stay tuned. Shark Tank airs at 9 p.m. on ABC and Taylor hopes viewers will join in on Twitter using the hashtag #sharkbib.

Read More..

Man in wheelchair robbed of his ‘man-purse’ and dumped to the ground

A man in a wheelchair was robbed of his “man-purse” outside of a Southwest Florida store late Tuesday.

The 53-year-old victim, whose name was not released, was leaving a Dollar General Store in Bradenton when a man approached him from behind and attempted to snatch his man-purse, which was wrapped around his right arm, according to the Manatee County Sheriff’s Office.

During a struggle, the suspect pulled the victim out of the wheelchair and onto the ground. The suspect grabbed the purse and got into the backseat of a waiting car, according to the sheriff's office. The vehicle then took off from the shopping center.

The victim went home and called police about 40 minutes after the robbery.

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Yandex puts mobile app blocked by Facebook on hold

MOSCOW (Reuters) – Russian internet company Yandex has put an experimental application that allows users to search social networking sites from mobile devices on hold after it was blocked by Facebook.

Facebook, which launched its own search tool earlier this month, blocked the Wonder app three hours after its launch on January 24 for U.S. users.

The application allows users to look for recommendations on, for example, music or restaurants based on information from their friends on social network sites.

Facebook believes Wonder violates its policies, which state that no data obtained from Facebook can be used in any search engine without the company’s written permission, Yandex said on Wednesday, adding access to Facebook would not be restored.

“Since this access was revoked, we decided to put our application on hold for the time being,” the Russian firm said, adding it would consider partnership with other social networks and services.

Existing Wonder users are still able to search in Instagram, Foursquare and Twitter, a Yandex spokeswoman said, but marketing and further development of the application is on hold.

(Reporting by Maria Kiselyova; Editing by Mark Potter)

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Gabrielle Giffords, NRA official to testify at gun-control hearing before Senate Judiciary Committee

WASHINGTON — Wounded former Rep. Gabrielle Giffords was appearing as an unscheduled witness Wednesday at the year's first congressional hearing on curbing gun violence, adding drama to a session that was already slated to hear from a top official of the National Rifle Association.

Giffords, an Arizona Democrat who suffered a severe head wound in a 2011 Tucson shooting spree that killed six people, was not expected to take questions, according to a Senate aide who revealed the details only on condition of anonymity because they had not been announced.

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Gabrielle Giffords in May

The dramatic juxtaposition between the NRA and a famous shooting victim set the stage for the hearing before the Senate Judiciary Committee, whose own members are divided in a microcosm of the debate that gun limits will face on their way through Congress. The hearing is a response to the Dec. 14 shooting rampage that killed 20 first-graders and six adults at Sandy Hook Elementary School in Newtown, Conn., and transformed gun control into a top-tier issue in the capital.

"The time has come to change course," Sen. Dianne Feinstein, D-Calif., one of Congress' leading gun-control advocates, said Tuesday. "And the time has come to make people safe."

Feinstein, a Judiciary Committee member, has already introduced her own legislation banning assault weapons and magazines of more than 10 rounds of ammunition.

Sen. Orrin Hatch, R-Utah, said he would listen to proposals and agreed that reviewing the issue was timely.

"But I'm a strong supporter of the Second Amendment," he said Tuesday, citing the constitutional provision that describes the right to bear arms, "and I don't intend to change."

The chairman of the panel, Sen. Patrick Leahy, D-Vt., said little Tuesday about the direction his committee's legislation might take. Senate Majority Leader Harry Reid, D-Nev., indicated that whatever the committee produced wouldn't necessarily be the final product, saying the package would be debated by the full Senate and senators would be allowed to propose "whatever amendments they want that deal with this issue."

Despite the horrific Newtown slayings, it remains unclear whether those advocating limits on gun availability will be able to overcome resistance by the NRA and lawmakers from states where gun ownership abounds. Question marks include not just many Republicans but also Democratic senators facing re-election in red-leaning states in 2014. They include Max Baucus of Montana, Mark Begich of Alaska and Mark Pryor of Arkansas.

Knowing that television cameras would beam images of the hearing nationally, both sides were drumming up supporters to attend Wednesday's session.

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Tablets take their screen tests

Screen quality is critical to a great tablet, and in 2012 we saw the quality of tablet screens advance in leaps and bounds, especially in terms of clarity. Here are our favorites.

Barnes & Noble Nook HD

Rating: 3.5 stars out of 5 (Very good)

The good: A light, comfortable design with a sharp screen and a well-implemented user profiles feature. Books, videos and magazines look great and the microSD slot takes some of the sting out of the lack of internal storage.

The bad: App, movie, TV show and game options are thin and there’s no native music service. It’s missing some typical tablet features and 8GB is low for the price. Fingerprints easily sully the screen.

The cost: $199

The bottom line: The Barnes & Noble Nook HD can’t match competing tablets in media library breadth, but as long as you’re not looking for bells and whistles, its sharp screen and comfortable body make it an ideal tablet choice for books and magazines.

Asus Transformer Pad Infinity TF700

Rating: 4 stars out of 5 (Excellent)

The good: High-resolution screen rivals the new iPad’s display in sharpness and clarity. Also, apps launch quickly, GPS works well and its rear camera is the best we’ve seen on any Android tablet. The tablet’s body has the same great thin and light design as the Prime.

The bad: So far, not enough Android apps take advantage of the TF700’s higher pixel count. Also, its battery life isn’t as good as the Prime’s.

The cost: $479.88 to $590.37

The bottom line: The Asus Transformer Pad Infinity TF700 is one of the fastest Android tablets out there, combining an already proven design with a better camera, a faster processor, and a beautiful screen.

Google Nexus 10

Rating: 4 stars out of 5 (Excellent)

The good: A beautifully sharp screen is light, durable and has the fastest processor of any Android tablet. Photo Sphere is an incredibly cool concept. Google’s content ecosystem is only getting better.

The bad: The included charger isn’t fast enough to power the battery while playing a game; even while idle, it charges painfully slowly. There’s no storage expansion option, and apps that take full advantage of the screen are currently few and far between. Navigation isn’t quite as smooth as on the Nexus 7.

The cost: $399

The bottom line: The Nexus 10’s superior design and swift performance make it one of the best Android tablets to date. We expect post-launch updates from Google to make it even better.

Apple iPad (fourth generation)

Rating: 4.5 stars out of 5 (Outstanding)

The good: A6X processor adds extra system speed and graphics power. Improved worldwide cellular compatibility makes the LTE model a more appealing proposition. And the iOS App Store remains best in class, with the widest selection.

The bad: The fourth-gen iPad is otherwise identical to its recent predecessor — same size, weight and Retina Display screen. It’s heavy to hold in one hand, and most older accessories won’t work without investing in a pricey Lightning adapter.

The cost: $499 to $539.99

The bottom line: The latest iPad adds several tweaks and improvements to secure its position at the top of the tablet heap. It’s better all around, but third-gen owners don’t need to upgrade.

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Related developers find themselves in court over tactics

His company on trial over its tactics in a controversial condo project, Jorge Pérez, the celebrated developer, found himself on the witness stand Monday answering to an unexpected foe: Jorge Pérez, the author.

Pérez, the chairman of the Related Group, testified in the trial of a lawsuit brought against his company by The Vizcayans, a fundraising and support group for the Vizcaya Museum and Gardens. The Vizcayans have accused Pérez’s company of secretly manipulating the zoning process at Miami City Hall to win approval in 2007 for a three-tower condo project next to Mercy Hospital in Coconut Grove — forcing the Vizcayans to spend more than $1 million in legal fees in its successful effort to kill the project.

The Vizcayans, who objected to the project because it would have intruded on the views from the historic property, have also accused the developers of quietly buying the approval of two local neighborhood associations by offering them $8 million in exchange for their support.

William Davis, a lawyer for the Vizcayans, questioned Pérez about the arrangement by citing passages from Pérez’s 2009 book, Powerhouse Principles: The Ultimate Blueprint for Real Estate Success in an Ever-Changing Market (foreword by Donald Trump). In the book, Pérez discussed his efforts to build the Mercy Hospital project, and said his team decided to keep the payments to the neighborhood groups secret because “we gave them a lot of money,” and he feared other groups would ask for more if they got wind of it.

Pérez sheepishly conceded that he didn’t exactly write his book — it was the work of a ghostwriter with whom he worked.

“They were my thoughts interpreted by a person that was writing,” he said.

Davis also tried to hoist Pérez on one of his powerhouse principles from the book: “neutralize the opposition.”

He suggested that Related sued the Vizcayans seeking public records in an effort to harass them. Pérez denied the allegation and said he had no recollection of that lawsuit.

Pérez insisted that there was nothing sinister about the deals with the neighborhood groups; he said the payments to the groups were simply a routine practice his firm follows when it seeks community support for its projects.

“I’m doing that on probably 10 projects right now,” Pérez said.

Yery Marrero, the president of the Natoma Manors homeowners’ association, told jurors that her group supported the condo project not because of the promise of money, but because they thought the condos would prevent Mercy Hospital from expanding and bringing even more traffic to their already congested neighborhood.

“Our issue in our neighborhood is traffic,” Marrero told jurors. “Per day we have so many cars going through there.”

The Vizcayans’ lawyers have portrayed the payments as part of a larger scheme to win over the Miami City Commission, which had to endorse zoning and land-use changes for the condo project. They have accused Related’s staffers, lawyers and lobbyists of working behind the scenes to essentially rig the commission vote.

In one January 2007 email, a Related vice president told Pérez that they had confirmed the votes of three commissioners in favor of the condo deal — days before the first public hearing on the project.

The City Commission ultimately approved the project in a 3-2 vote. But following a suit from The Vizcayans, an appeals court later overturned the decision, finding that the city ran afoul of state zoning laws and that then-Mayor Manny Diaz had improper contact with Pérez during the veto period after the vote.

Diaz is expected to testify Tuesday.

Related’s lawyers, John Shubin and Israel Reyes, have asked Miami-Dade Circuit Judge Daryl Trawick to throw out the case, saying The Vizcayans have failed to prove that the developers set out to deliberately harm the nonprofit.

The developers’ lawyers also called Miami Mayor Tomás Regalado as a witness Monday. Regalado, who was on the commission at the time of the 2007 vote, said he never heard anything suggesting that the developers were trying to harm The Vizcayans.

Shubin said the Vizcayans are wrongly seeking to punish the developers for simply petitioning the government for a zoning change.

“This is all about petitioning activity,” Shubin said. “They can’t even cite to you a case that looks remotely like this one that has been brought.”

Pérez took his day on the witness stand with good humor. “I’m glad someone is reading my book,” he said when his testimony ended.

The trial, now in its fourth week, is expected to end this week.

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Children’s magazine promotes adult video games

LONDON (Reuters) – A British magazine distributed by a joint venture of Conde Nast and Hearst Corporation and aimed at primary school children has been featuring images of adult-rated video games.

The most recent issue of Cool Kidz, which is published by privately-owned LCD Publishing, contained images of five games that carried age ratings of 18 years, under the European gaming industry’s PEGI rating scheme.

Screenshots appeared as double-page spreads, for use as posters, and were reproduced in spot-the-difference and other puzzles. Earlier issues also had images from 18- and 16-rated games.

Children’s campaigners said the images reflected a growing problem of young children being exposed to violent video games, thereby increasing the chance they start playing them earlier.

It also highlighted what some critics describe as an apparent gap in regulation of children’s magazines since LCD does not appear to have broken any law or industry rule.

LCD Publishing, which is based in Exeter, southwest England, said it took its responsibilities to young readers seriously.

“We censor the images we use to ensure that there is no blood or apparent body damage,” owner Allen Trump said in an emailed statement.

He said the images used were suitable for children 12 or older, although he added the magazine was targeted at children up to 12 years.

The pictures printed depicted life-like computer generated images of men carrying weapons including assault rifles, Bowie knives, an axe, an anti-tank weapon and pistols.

The images showed explosions but not the visceral, bloody combat or scenes of a sexual nature for which the games are frequently criticized by parents’ groups and women’s rights advocates.

Cool Kidz is distributed by Comag, which is controlled by privately-owned U.S. magazine publishers Conde Nast, owners of Vogue magazine, and the Hearst Corporation, owner of Cosmopolitan magazine.

All three groups declined repeated requests for comment.

London-based Comag is one of the largest magazine distributors in the UK with annual turnover of around 230 million pounds ($ 360 million), according to its most recent accounts.

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Trump said LCD downloaded the game images from the Internet although he was also occasionally approached by public relations firms seeking coverage of their clients’ games.

Games publishers regularly post images on their websites, for use by online and print publishers, thus helping create awareness of their game.

Games firms contacted by Reuters said they were unaware Cool Kidz, which has been published for seven years, had been using their images.

The adult games Cool Kidz featured included Hitman: Absolution, Call of Duty Black Ops II, Assassins Creed III, Farcry 3 and Dishonored.

Representatives for Japan’s Square Enix, publisher of the Hitman series, privately-owned Bethesda Softworks, publisher of Dishonored, and Ubisoft Entertainment, publisher of Assassins Creed III and Farcry 3, said they opposed the use but declined to say whether they would take any legal action against LCD.

Call of Duty publisher Activision declined to comment.

Alison Sherratt, senior vice-president of teachers union ATL, said publishers and government needed to do more to limit children’s’ exposure to games.

“It puts peer pressure on children .. If they see these images, it gives them the idea it’s ok, it’s all right to play these games,” she added.

A spokeswoman for the Advertising Standards Authority said games companies could not advertise 18 rated games in children’s magazines and a spokesman for the Video Standards Council (VSC), the UK affiliate of PEGI, said its rules also prohibited this.

However, since the images were not paid-for advertising, or supplied to Cool Kidz by the games publishers, these rules do not apply.

The Press Complaints Commission can adjudicate on complaints against magazines but only in respect of its members. LCD is not one.

The Office of Fair Trade and the Professional Publishers Association, trade group for magazine publishers, said they were unaware of any bodies that had regulatory powers over the content of children’s magazines.

(Reporting by Tom Bergin; Editing by Jon Boyle)

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Soldier describes Afghan firefight against Taliban after helmet cam video goes viral

The gripping video has been seen by more than 23 million people on YouTube and the soldier behind the helmet cam is speaking out.

Pfc. Ted Daniels was fighting Taliban forces in Kunar, Afghanistan when his team came under fire in the remote province, according to CBS News.

On the video, Daniels can be heard telling his team that he was "moving down."

WARNING: GRAPHIC LANGUAGE

The soldier said that he purposely made himself a target to protect the seven other men in his unit, according to the report.

"You know, tactically, it was not a sound thing to do. But I also remember Murphy's Laws of Combat. If it's stupid, but works, it isn't stupid," Daniels told the station.

With the firefight raging around him, Daniels is seen continuing his downward trek.

On the video, Daniels is heard crying out "I'm hit - help me!" after his gun was shot out of his hand.

"It was almost like if you took an aluminum baseball bat and hit a metal pole with it," Daniels said. "That's what my hand felt like. I was actually afraid at first to look down at my hand, wanted to make sure I still had all my fingers and everything else."

Daniels was peppered with fragments after shots hit nearby rocks. Then his camera battery died.

Daniels said he then ran down the hill to rejoin his unit.

"A round had hit the corner of my eye protection," Daniels said. "They blew right off of my face. And I had another round skip off the side of my Kevlar helmet."

Daniels said it was a mistake that the video ended up going viral online but that, in the end, "We made it. We made it, you know. We all made it out and we all made it to fight another day. It felt good."

In an interview with the Washington Post, Daniels said he had a difficult time watching the video at first.

“I don’t know if I held it together, but I tried to,” he told the Post. “I put my a-- on the line for other guys. I still functioned even though I was scared to death.”

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Miami Herald Business Plan Challenge opens for entries

Entrepreneurs, please don’t let the name of our contest scare you.

As we launch our 15th annual Miami Herald Business Plan Challenge today, we are putting out our annual call for entries. But we aren’t looking for long, laboriously detailed business plans. Quite the contrary.

More and more, today’s investors in very early stage companies want to see a succinct presentation of your concept and how you plan to turn it into a success. We do, too.

If you have a business idea or an operating startup that is less than two years old, you can enter the Challenge, our annual celebration of South Florida entrepreneurship. Sponsored by the Pino Global Entrepreneurship Center at Florida International University, our contest has three tracks — a Community Track, open to all South Floridians; an FIU Track, open to students and alumni of that university; and a High School Track, co-sponsored by the Network for Teaching Entrepreneurship.

Your entry may be up to three pages and you may attach one additional page for a photo, rendering, diagram or spreadsheet if you wish. Think of it as a meaty executive summary. Experts in all aspects of entrepreneurship — serial entrepreneurs, executives, investors, advisors and finance specialists (see judge bios on MiamiHerald.com/challenge) — will judge your short plan. In doing so, they will be looking at your product or service’s value to the customer, market opportunity, business model, management team and your marketing and financial strategies. See the rules on page 22, which also include tips on preparing your entry.

Your entry is due by 11:59 p.m. March 11. Entries should be sent to challenge@miamiherald.com, fiuchallenge@miamiherald.com or highschoolchallenge@miamiherald.com.

Don’t worry, we’re here to help!

“Frame your business from your customer’s perspective and not yours. Rather than diving into a detailed explanation of your product or service, a more compelling way to tell your business story is to clearly share the problem that you are solving for your customers and how your business is different, better, faster, cooler, cheaper, smarter,” says Melissa Krinzman, managing director of Venture Architects and a veteran Challenge judge.

On Feb 26 at 6:30 p.m. at Miami Dade College, we’ll host a free Business Plan Bootcamp, where you can bring your working plan with you for advice from experts, including Krinzman. Find the sign-up link on MiamiHerald.com/challenge.

And each week in Business Monday and on MiamiHerald.com/challenge, we’ll be bringing you advice and answering your questions. You can post your questions on the Q&A on MiamiHerald.com/challenge or email your questions to me at ndahlberg@miamiherald.com. Follow @ndahlberg on Twitter.

The top six finalists in the Community and FIU Tracks will present their 90-second elevator pitches for our popular video contest. Last year our People’s Pick contest drew more than 18,000 votes.

On May 6, in a special section of Business Monday, we will profile the winners — the judges’ top three selections in each track plus the People’s Pick winners. Along the way, we will unveil semifinalists and finalists to keep the suspense building.

Today, though, we are looking back on the entrepreneurial journeys of our 2012 winners. Funding was a nearly universal challenge, and many faced setbacks in developing their platforms. Throughout the entry period, we’ll also look back on other winners from the past 14 years.

Show us what you’ve got. Let’s make this the best Challenge yet.

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Power suit: Monroe County sued by Keys residents for $10 million over no electricity to island

Four No Name Key residents filed a $10 million discrimination lawsuit against Monroe County Thursday in Circuit Court.

Jim and Ruth Newton, along with Robert and Julianne Reynolds, allege the county has for years willfully denied the Lower Keys island commercial power without proper cause. Currently homes there are powered by solar and generators.

"The county has a long history of discrimination against that island and the residents and its very flagrant. And if it's not discrimination, it's ignorance," Reynolds said Friday.

The crux of the plaintiffs' argument is Chief Circuit Court Judge David Audlin's ruling in 2011 that the state Public Service Commission has jurisdiction over the matter, not the county.

That ruling came about from a county filing asking Audlin to decide whether county law allows commercial electricity on No Name. County officials say the law doesn't allow it and that it can't issue permits for it.

The suit concentrates on Monroe County fighting the installation of 62 Keys Energy Services power poles last year, as well as a 2001 county ordinance creating a coastal barrier overlay district prohibiting commercial utilities in federal coastal barrier areas.

Congress created the Coastal Barrier Resource System in 1982, and updated it in 1990, to protect undeveloped coastal barrier areas.

The lawsuit also addresses the Newtons' controversial application last year for an electrical building permit from the county. Originally granted, it was revoked when county officials realized their home is on No Name.

In addition to the $10 million in damages -- which Reynolds called a "low" number-- the plaintiffs want Audlin to void the county's coastal barrier overlay district law and grant homeowners electrical permits.

"If you knew what this has done to the friendships and relationships there ... it's pretty much the only thing they think about and talk about. I don't know what the value of my peace of mind is, but in my mind it's pretty significant," Reynolds said.

He's owned a house on No Name since 2005.

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NY, NJ face light snow, sleet and freezing rain

Wear the snow boots and bring the umbrella!

Winter Storm Luna is expected to bring steady snow that will change over to mixed sleet and freezing rain today as temps rise following last week's bitter blast.

The city could see up to an inch of storm by this afternoon.

Temps are expected to be in the low- to mid-30s today but it will only feel like 22 in most parts of the area.

Motorists in New York and New Jersey could face slippery driving conditions Monday.

The National Weather Service is predicting light snow will fall over much of NJ late in the morning.

Getty Images

People play in the snow at the Winter Jam in Central Park over the weekend.

Forecasters say as much as an inch is possible before it changes into freezing rain and sleet. Forecasters say the precipitation should become all rain by the evening.

Ice on top of the snow could make driving difficult, especially on untreated roads.

Snow and ice are reported on roads in southwestern New York as the story expected to bring several inches of snow before tapering off with freezing drizzle during the evening.

Some schools are closed or delaying opening Monday morning ahead of the storm.

The National Weather Service says eastern and central New York can expect from 1 to 4 inches of snow topped with a thin coat of ice as the front moves from the southwest to northeast by late morning. Forecasters say snow totals could reach 3 to 6 inches in the Adirondacks.

Less than an inch of snow was expected in the Buffalo-Niagara Falls area, with a couple of inches forecast for around Rochester and 3 to 5 inches east of Lake Ontario.

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Miami Herald Business Plan Challenge opens for entries

Entrepreneurs, please don’t let the name of our contest scare you.

As we launch our 15th annual Miami Herald Business Plan Challenge today, we are putting out our annual call for entries. But we aren’t looking for long, laboriously detailed business plans. Quite the contrary.

More and more, today’s investors in very early stage companies want to see a succinct presentation of your concept and how you plan to turn it into a success. We do, too.

If you have a business idea or an operating startup that is less than two years old, you can enter the Challenge, our annual celebration of South Florida entrepreneurship. Sponsored by the Pino Global Entrepreneurship Center at Florida International University, our contest has three tracks — a Community Track, open to all South Floridians; an FIU Track, open to students and alumni of that university; and a High School Track, co-sponsored by the Network for Teaching Entrepreneurship.

Your entry may be up to three pages and you may attach one additional page for a photo, rendering, diagram or spreadsheet if you wish. Think of it as a meaty executive summary. Experts in all aspects of entrepreneurship — serial entrepreneurs, executives, investors, advisors and finance specialists (see judge bios on MiamiHerald.com/challenge) — will judge your short plan. In doing so, they will be looking at your product or service’s value to the customer, market opportunity, business model, management team and your marketing and financial strategies. See the rules on page 22, which also include tips on preparing your entry.

Your entry is due by 11:59 p.m. March 11. Entries should be sent to challenge@miamiherald.com, fiuchallenge@miamiherald.com or highschoolchallenge@miamiherald.com.

Don’t worry, we’re here to help!

“Frame your business from your customer’s perspective and not yours. Rather than diving into a detailed explanation of your product or service, a more compelling way to tell your business story is to clearly share the problem that you are solving for your customers and how your business is different, better, faster, cooler, cheaper, smarter,” says Melissa Krinzman, managing director of Venture Architects and a veteran Challenge judge.

On Feb 26 at 6:30 p.m. at Miami Dade College, we’ll host a free Business Plan Bootcamp, where you can bring your working plan with you for advice from experts, including Krinzman. Find the sign-up link on MiamiHerald.com/challenge.

And each week in Business Monday and on MiamiHerald.com/challenge, we’ll be bringing you advice and answering your questions. You can post your questions on the Q&A on MiamiHerald.com/challenge or email your questions to me at ndahlberg@miamiherald.com. Follow @ndahlberg on Twitter.

The top six finalists in the Community and FIU Tracks will present their 90-second elevator pitches for our popular video contest. Last year our People’s Pick contest drew more than 18,000 votes.

On May 6, in a special section of Business Monday, we will profile the winners — the judges’ top three selections in each track plus the People’s Pick winners. Along the way, we will unveil semifinalists and finalists to keep the suspense building.

Today, though, we are looking back on the entrepreneurial journeys of our 2012 winners. Funding was a nearly universal challenge, and many faced setbacks in developing their platforms. Throughout the entry period, we’ll also look back on other winners from the past 14 years.

Show us what you’ve got. Let’s make this the best Challenge yet.

Read More..

Woman’s Club member earns another well-deserved honor

Warm congratulations to my friend and Miami Woman’s Club sister Dolly MacIntyre, who will be honored as the club’s Historian of the Year for 2013 on Tuesday at the monthly luncheon meeting.

Dolly has been a resident of Miami for 56 years. She began her involvement with local history and historic preservation in 1966. She is a kind and unassuming woman who goes about doing good works without blowing her own horn and she is a highly acclaimed activist for historic preservation and the recipient of numerous awards for dedicated service.

In 2012, she received the Mary Call Darby Collins Award from the state of Florida for her preservation work. Early on, she became a charter member of the Villagers and founding president of the Dade Heritage Trust, and today she remains active in both organizations.

Dolly is a lonttime member and past officer of the MWC, the Woman’s Club of Coconut Grove, the Dade County Federation of Women’s Clubs and the Women’s History Coalition. In addition, she is a board and committee member of many community organizations.

The luncheon will begin at 11:30 a.m. with networking, with lunch and the program to follow at noon in the Ballroom of the Doubletree Grand Hotel, 1717 N. Bayshore Dr.

You can still make reservations and pre-order for vegetarian option by calling Nancy Smith at 305-891-3789. The cost is $25 for members and $35 for non members.

Retired FIU professor honored for book

There’s a lot to be happy about today. Howard B. Rock, Florida International University professor of history emeritus, recently was awarded the Everett Family Foundation Jewish Book of the Year at the 2012 National Jewish Book Awards. The award was announced Jan. 15 by the Jewish Book Council and was for the three-volume series City of Promises: A History of the Jews of New York of which Rock wrote the first volume, Haven of Liberty: New York Jews in the New world, 1654-1865.

Rock shared the top Jewish book award with Annie Polland and Daniel Soyer, who authored the second volume, "Emerging Metropolis: New York Jews in the Age of Immigration, 1840-1920", Jeffrey S. Gurock, who wrote the third volume, "Jews in Gotham: New York Jews in a Changing City, 1920-2010", and noted Jewish historian Deborah Dash Moore, who was the general editor of the project.

Rock, a Miami resident and member of Temple Israel of Greater Miami, also co-authored a history of New York Jewry. He taught American history for 36 years at FIU. His speciality is early American history to 1815, early American social history, the history of New York City, early American labor history and early American political history. In addition, he has published an/or edited five books, including Artisans of the New Republic, The New York Artisan, Keepers of the Revolution, The American Artisans, and A History of New York Images.

Guest composer at FIU

The Florida International School of Music will present a program, “East Meets West,” with guest composer Chinary Ung and the FIU Symphony Orchestra at 7:30 p.m. Friday at the Wertheim Performing Arts Center, 10910 SW 17th St.

Also featured on the program is the Amernet String Quartet and the NOBUS ensemble and the music of Ung, Garcia, Sudol, Jen and Colangelo.

The concert is free and open to the public.

MDC leader to speak in Homestead

You are invited to hear Jeanne Jacobs, president of the Miami Dade College Homestead campus at noon on Feb. 4, at the Homestead Community Center, 1601 N. Krome Ave. Jacobs is the Black History Month speaker at the Bea Peskoe Lunchtime Lecture series, presented free by the Homestead Center for the Arts.

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Ohio rape trial of football players should be closed: prosecutor

(Reuters) – The trial of two Ohio high school football players charged with raping a 16-year-old girl should be closed to the public to protect the accuser in a case that has received national attention, the state’s attorney general said on Thursday.

The case caused a national sensation earlier this month when the hacker activist group Anonymous publicized a picture of two young men carrying the girl by her wrists and ankles and released a video showing other young men joking about the alleged assault.

A defense attorney has also requested that the trial be closed. Both the office of Ohio Attorney General Mike DeWine and the defense have said that the accuser has also made the request.

A hearing on the motions before visiting Hamilton County Judge Tom Lipps is set for Friday in Jefferson County Common Pleas Court. In Ohio, it is easier to close juvenile hearings than adult trials.

Ma’Lik Richmond and Trent Mays, both 16, are to face trial as juveniles next month in Steubenville, a city of 19,000 near the Pennsylvania border. Prosecutors say the two members of the high school football team there had raped a classmate at a party attended by many teammates last August.

Community leaders have criticized authorities, voicing suspicion they have avoided charging more players who could have been involved in order to protect the school’s beloved football program.

Reuters is not identifying the accuser because she is a purported victim of sexual assault.

In his filing last week, Richmond’s lawyer, Walter Madison, said closing the trial to the public would be the only way to protect witnesses from Anonymous, which has threatened to expose private information of anyone who helps protect his client from prosecution.

Also on Thursday, students from Ohio State University delivered a petition with 70,000 signatures to DeWine’s office, demanding that everyone present at the party be charged to the fullest extent of the law.

DeWine met with three of the students in his office, where they discussed the judicial process, spokesman Dan Tierney told Reuters.

Days before testifying against Richmond and Mays, at least three teammates who attended the party received commitments from prosecutors that they would not be prosecuted for any crimes, according to documents Reuters received from a source directly involved in the case.

In letters from DeWine’s office addressed to each student’s lawyer, the state committed to not prosecuting Evan Westlake, Anthony Craig and Mark Cole, three witnesses for the prosecution.

But DeWine has said that his office had made no deal with any of the witnesses involved in the case. The office has said the investigation is continuing, and that a lack of evidence has prevented prosecutors from bringing more charges.

(Reporting By Drew Singer; Editing by Mary Wisniewski, Greg McCune and Lisa Von Ahn)

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245 people dead in Brazil nightclub fire

BRASILIA, Brazil — A fire swept through a crowded nightclub in southern Brazil early Sunday, killing at least 245 people and leaving at least 200 injured, police and firefighters said.

Police Maj. Cleberson Braida told local news media that the 245 bodies were brought for identification to a gymnasium in the city of Santa Maria.

That toll would make it one of the deadliest nightclub fires more than a decade.

The cause of the fire is not yet known, officials said. Officials earlier put the death toll at 180.

Civil Police and regional government spokesman Marcelo Arigoni told Radio Gaucha earlier that the total number of victims is still unclear and there may be hundreds injured,

EPA

Rescue workers tend to victims outside Kiss nightclub in Brazil.

The newspaper Diario de Santa Maria reported that the fire started at around 2 a.m. at the Kiss nightclub in the city at the southern tip of Brazil, near the borders with Argentina and Uruguay.

Rodrigo Moura, whom the paper identified as a security guard at the club, said it was at its maximum capacity of between 1,000 and 2,000, and partygoers were pushing and shoving to escape.

Ezekiel Corte Real, 23, was quoted by the paper as saying that he helped people to escape. "I just got out because I'm very strong," he said.

"Sad Sunday", tweeted Tarso Genro, the governor of the southern state of Rio Grande do Sul. He said all possible action was being taken and that he would be in the city later in the day.

Santa Maria is a major university city with a population of around a quarter of a million.

A welding accident reportedly set off a Dec. 25, 2000, fire at a club in Luoyang, China, killing 309.

At least 194 people died at an overcrowded working-class nightclub in Buenos Aires, Argentina, in 2004.

A blaze at the Lame Horse nightclub in Perm, Russia, broke out on Dec. 5, 2009, when an indoor fireworks display ignited a plastic ceiling decorated with branches, killing 152

A nightclub fire in the U.S. state of Rhode Island in 2003 killed 100 people after pyrotechnics used as a stage prop by the 1980s rock band Great White set ablaze cheap soundproofing foam on the walls and ceiling.

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Miami Lakes company growing its brand of skin care products

For decades, Vivant Skin Care has formulated creams, serums, cleansers and tonics to treat such dermatological conditions as acne, aging and hyperpigmentation.

Family owned and linked to Dr. James E. Fulton, who co-developed the anti-aging formula Retin-A, the company built its reputation with medically tested therapies aimed at improving skin.

Now, like a complexion that has undergone the metamorphosis of time, Vivant is altering its manufacturing and sales structure and adding products, emerging from the economic downturn with a new plan for the future.

“Now we’re stabilized and looking forward to growth,” said Fulton’s daughter, Chief Executive, Kelly Fulton-Kendrick.

Founded in 1990, Vivant produces a line of 30 skin care products, all formulated in-house, and priced from $15 to $100. The products target both females and males, ages 13 and up.

“Our target market is people who have serious skin care problems and need solutions,” Fulton-Kendrick said. “Vitamin A is the best for affecting change in the skin.”

The clinical skin care products, packaged simply in white bottles and amber glass containers, have remained the company’s mainstay, as the business has transformed.

In mid-2011, Vivant decided to adjust its sales structure, to sell, for the first time, to online retailers like DermStore.com, SkinCareRX.com and amazon.com, as well as to make its products available on its own website, vivantskincare.com. It was a major change in course after more than 20 years of having its products sold only at spas and doctors’ offices.

“So now, we’re a mix of wholesale to skin care professionals and Internet retailers, and we’re selling directly to consumers through our own website,” Fulton-Kendrick said.

Mike Nelson, marketing manager at SkinCareRx.com, said Vivant, which it has sold since November, has “done very well for a new brand to our site,” surpassing some brands that have been on its site for over a year. He declined to provide figures.

SkinCareRX took on only 5 percent of the brands that approached it last year, he said, and had undertaken a rigorous review of Vivant.

“They have a good loyalty base and get great reviews,” Nelson said.

Along with changes in its sales system, in January 2012, Vivant moved from Medley to Miami Lakes, doubling its space to 11,000 square feet to accommodate manufacturing, which it brought in house to reduce costs. It had outsourced manufacturing to a lab in Costa Mesa, Calif., that it had previously owned and later sold.

Inside its warehouse space in a commercial business complex, a small staff handles manufacturing, shipping and packaging. All orders are taken by customer service and fulfilled onsite. A room used as an educational center allows vendors and aestheticians to learn about the products.

Martina Echeveria, international trade specialist at the U.S. Department of Commerce’s Miami U.S. Export Assistance Center, who is helping Vivant get a distributor in the Dominican Republic, said she recently nominated the company for a South Florida Manufacturer of the Year award. The awards are given by the South Florida Manufacturers Association.

“Their products are good and 100 percent U.S. made,” she said.

At Vivant’s offices, a lab area is used by Dr. Fulton for research and development. He also maintains a practice at Flores Dermatology in South Miami.

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