Son of Nick Van Exel sentenced to 60 years on murder conviction

Nick Van Exel was taken 37th overall by the Lakers in the 1993 draft. (Vince Compagnone / Los Angeles Times / February 2, 2013)

By Eric Pincus

February 2, 2013, 7:06 a.m.

Sad news for a former Lakers All-Star. Nickey Maxwell Van Exel, the son of Nick Van Exel, was sentenced to 60 years in prison for murder in Texas on Friday.

The 22-year-old was found guilty Thursday of shooting Bradley Bassey Eyo in 2010.

Nick Van Exel was selected by the Lakers with the 37th overall pick in the 1993 NBA draft.

Before the arrival of Shaquille O'Neal and Kobe Bryant in 1996, Van Exel was the team's leader and go-to player.

Van Exel played with the Lakers until 1998, then was traded after an All-Star season for Tony Battie and the draft rights to Tyronn Lue.

He is currently on staff with the Atlanta Hawks in player development.

ALSO:

Lakers top Minnesota for first road win of 2013

Dwight Howard flying home for nonsurgical PRP procedure

Short list of players who fit within Lakers disabled player exception

Email Eric Pincus at eric.pincus@gmail.com and follow him on Twitter @EricPincus.

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The World's Tweets Light Up the Globe in Stunning Live Visualization

It’s simple, but lovely. Web designer Franck Ernewein‘s real-time Twitter visualization, Tweetping, drops a bright pixel at the location of every tweet in the world, starting as soon as you open the page.

The result is a constantly changing image that grows to look like a nighttime satellite shot, bright spots swarming over the most developed areas. But Ernewein has packaged it all in a subtly interactive visualization that avoids distracting the viewer while still imparting a great amount of information.

Meanwhile, a selection of tweets are projected, along with latest hashtags and mentions, all while tracking total tweets, words, and characters. The length of the two gray lines on the display represent the number of characters and words in each tweet.

Though it’s one of the most beautiful, Tweetping is far from the first to display geotagged tweet information; coders have built sites to display election tweets, adjustable parameter maps, and even 3-D visualizations.

Tweetping even represents Antarctica, but not the ISS. And there’s no pause button; like Twitter itself, Tweetping’s data accrues incessantly; there’s no off switch but the back button.

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Last of 1940s hitmakers Andrews Sisters dies in California

LOS ANGELES (Reuters) – Patty Andrews, the last surviving member of popular The Andrews Sisters singing trio of the 1940s and 1950s, has died in California at the age of 94, her spokesman said on Wednesday.

Alan Eichler said Andrews died of natural causes at her home in the Northridge area of Los Angeles.

Patty Andrews was the youngest of the threesome who made up The Andrews Sisters, whose tight harmonies with “Boogie Woogie Bugle Boy” and “Don’t Sit Under the Apple Tree” were hits.

The Andrews Sisters sold more than 75 million records and became household names in the 1940s when they entertained World War Two troops in Africa, the United States and Europe.

The sisters specialized in swing and played with some of the best-known big bands of the era, including those led by Glen Miller, Benny Goodman and Tommy Dorsey.

They also appeared in 16 films, including roles alongside Bud Abbott and Lou Costello in “Buck Privates” and “Hold that Ghost,” and with Bob Hope and Bing Crosby in “Road to Rio.”

Born in Minnesota, the sisters started their careers by performing in local talent shows and moved to California after finding fame. LaVerne Andrews died of cancer in 1967, and Maxene Andrews died in 1995 of a heart attack.

(Reporting By Jill Serjeant; Editing by Philip Barbara)

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Ferrol Sams, Doctor Turned Novelist, Dies at 90

Ferrol Sams, a country doctor who started writing fiction in his late 50s and went on to win critical praise and a devoted readership for his humorous and perceptive novels and stories that drew on his medical practice and his rural Southern roots, died on Tuesday at his home in Lafayette, Ga. He was 90.

The cause, said his son Ferrol Sams III, also a doctor, was that he was “slap wore out.”

“He lived a full life,” his son said. “He didn’t leave anything in the tank.”

Dr. Sams grew up on a farm in the rural Piedmont area of Georgia, seven mud-road miles from the nearest town. He was a boy during the Depression; books meant escape and discovery. He read “Robinson Crusoe,” then Mark Twain and Charles Dickens. One of his English professors at Mercer University, in Macon, suggested he consider a career in writing, but he chose another route to examining the human condition: medical school.

When he was 58 — after he had served in World War II, started a medical practice with his wife, raised his four children and stopped devoting so much of his mornings to preparing lessons for Sunday school at the Methodist church — he began writing “Run With the Horsemen,” a novel based on his youth. It was published in 1982.

“In the beginning was the land,” the book begins. “Shortly thereafter was the father.”

In The New York Times Book Review, the novelist Robert Miner wrote, “Mr. Sams’s approach to his hero’s experiences is nicely signaled in these two opening sentences.”

He added: “I couldn’t help associating the gentility, good-humored common sense and pace of this novel with my image of a country doctor spinning yarns. The writing is elegant, reflective and amused. Mr. Sams is a storyteller sure of his audience, in no particular hurry, and gifted with perfect timing.”

Dr. Sams modeled the lead character in “Run With the Horsemen,” Porter Osborne Jr., on himself, and featured him in two more novels, “The Whisper of the River” and “When All the World Was Young,” which followed him into World War II.

Dr. Sams also wrote thinly disguised stories about his life as a physician. In “Epiphany,” he captures the friendship that develops between a literary-minded doctor frustrated by bureaucracy and a patient angry over past racism and injustice.

Ferrol Sams Jr. was born Sept. 26, 1922, in Woolsey, Ga. He received a bachelor’s degree from Mercer in 1942 and his medical degree from Emory University in 1949. In his addition to his namesake, survivors include his wife, Dr. Helen Fletcher Sams; his sons Jim and Fletcher; a daughter, Ellen Nichol; eight grandchildren; and nine great-grandchildren.

Some critics tired of what they called the “folksiness” in Dr. Sams’s books. But he did not write for the critics, he said. In an interview with the Georgia Writers Hall of Fame, Dr. Sams was asked what audience he wrote for. Himself, he said.

“If you lose your sense of awe, or if you lose your sense of the ridiculous, you’ve fallen into a terrible pit,” he added. “The only thing that’s worse is never to have had either.”

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Strategies: World Economy Is Far From Safe, a Canadian Economist Says

WHEN you see a car being driven firmly within its lane and well under the speed limit, there’s nothing to worry about.

Or is there?

If you’re David A. Rosenberg, the glass-half-empty economist, there most certainly is. He says the world economy is like that car. And where others see stability and recovery, he sees “a car being driven by a drunk, lurching from side to side on the road, narrowly avoiding the ditches each time.”

At this particular moment, he says, the car happens to be in the middle of the road. But he can’t help but ask, “Is that because the driver has sobered up, or is it because the car is just passing through the middle on its way to the ditch on the other side?”

Mr. Rosenberg isn’t certain of the answer. But despite the cheer pervading the stock market and the relatively upbeat perspective of most economists, he says he isn’t convinced that the car will remain safely out of those ditches.

Formerly the chief North American economist at Merrill Lynch, and now proudly back in his native Canada as chief economist and strategist at Gluskin Sheff in Toronto, Mr. Rosenberg writes a market newsletter that is always provocative, often cantankerous and frequently out of step with the Wall Street consensus. He has been called a “permabear,” a label that he says is exaggerated but not entirely without merit.

“I’d say I’m as pragmatic as possible and not locked into one position,” he says, “but I do understand that I have a much better record forecasting rain than in predicting the return of sunshine.”

His record bears that out. Mr. Rosenberg correctly called the start of the last two recessions. But he was late in recognizing the strength of what has become a long bull market. In May 2009, when the stock market was in an early stage of its climb, his worries about the economy made him resolutely bearish on stocks. “I’d lock in my gains right now,” he told me then.

But his clients have generally done very well if they’ve followed his cautious advice, which called for buying fixed-income securities early in the bond market’s long boom. His mantra is “safety and income at a reasonable price.”

For a gimlet-eyed perspective on the current stock market joy, I called him last week and asked him what, exactly, has been propelling shares higher.

His answer, in two words, was “the Fed” — the Federal Reserve and its monthly $85 billion purchases of bonds and mortgage-backed securities, which are being piled on top of a balance sheet that swelled to a gargantuan $3 trillion last week.

Other analysts have pointed to a recent surge in stock mutual fund purchases by individuals, as opposed to the big institutional investors like pension funds, endowments and other money managers. The earnings season has been reasonably strong, and, at least in recent weeks, there has been no outright global economic disaster emanating from Washington, the euro zone, Tokyo or the oil fields of the Middle East.

These factors are all relevant, he allows, but they pale next to the direct and powerful relationship between the growth of the Fed’s balance sheet and the stock market.

The Fed’s control of short-term interest rates has always had a major impact on the markets, and the adage “Don’t fight the Fed” is a bit of Wall Street wisdom that has stood up for decades. But since the Fed lowered its benchmark Fed funds rate to near zero in December 2008, short-term rates have ceased to be a meaningful indicator because they cannot be lowered any further.

Instead, to provide further monetary stimulus to the economy, the Fed has embarked on a series of quantitative-easing measures — direct purchases of financial assets.

Mr. Rosenberg says his calculations show that there is now an 85 percent correlation between the growth of that Fed balance sheet and the Standard & Poor’s 500-stock index. If that relationship continues — and he’s not certain that it will — the market could keep rallying, though he says he believes it’s due for a correction. On Wednesday, the Fed reiterated its pledge to keep interest rates low and to keep making asset purchases for what effectively will be many months to come.

The Fed’s expansionary policies are contingent on weakness in the labor market and the overall economy. Well, the unemployment rate in January rose to 7.9 percent, the Labor Department announced on Friday. And the Fed says that as long as inflation is below 2.5 percent — and it is well below that level now — and unemployment is above 6.5 percent, it will keep rates ultralow. In addition, the gross domestic product declined at an annual rate of 0.1 percent in the last quarter of 2012, the first decline recorded since 2009.

MR. ROSENBERG says he does not believe that we are in a recession now but that we are very close to one. “Anemic growth is my baseline scenario,” he says. A shock could undermine the economy. And there is no assurance, of course, that the Fed can keep propping up equity asset prices.

So he advises that for diversification alone, investors should keep holding onto bonds and other carefully selected fixed-income instruments; in addition, there is a great likelihood that inflation will stay low and longer-term rates will be constrained, which would be beneficial for fixed-income prices.

He recommends playing the equity markets cautiously by seeking high-dividend-paying stocks of well-managed companies. At the moment, he says, those include Blackstone, the asset manager; Merck, the drug maker; and Yahoo, the Internet portal, among United States stocks. And he suggests that United States citizens hedge their bets by keeping 20 percent of their assets in Canada, which, he says, is fiscally sound and is likely to have higher growth and lower inflation than its southern neighbor. He advises holding Brookfield Infrastructure, which owns and manages utilities, energy and timber assets, and Crescent Point Energy, an oil and gas exploration company.

Above all else, he says, preserve your assets and your safety. Watch out for reckless behavior in the economy as well as on the roads. You never know what is about to come hurtling your way.

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Edward Koch dies at 88; outspoken mayor led New York City comeback

Edward I. Koch, a Greenwich Village lawyer who became mayor of New York in the late 1970s and led the city out of one of its worst financial crises by stabilizing the budget and restoring its swagger, has died. He was 88.

Koch died early Friday of congestive heart failure in a Manhattan hospital, his friend and spokesman, George Arzt said. Koch had been hospitalized Monday, a day before a documentary about him, "Koch," premiered in New York City. He had complained of trouble breathing and other ailments, and it was the latest of several hospitalizations for the former mayor in recent months.

For most of his adult life, Koch had lived alone in an apartment off Washington Square Park in Greenwich Village. It's where he departed the morning he rode a public bus to City Hall to be sworn in as the 105th mayor and where he returned 12 years later, at age 65, after a disastrous fourth run to keep the job he clearly relished and worked hard at. Voters had finally tired of his infatuation with himself and his racially divisive rhetoric; but far from retiring, Koch spent the rest of his life out of public office but never out of public view.

PHOTOS: Notable deaths of 2013

He juggled almost a dozen jobs including law partner, columnist, author, radio show host, playwright, movie reviewer, public speaker and appeared relentlessly in the media, a shtick-artist with one of the most recognizable New York accents in the world. When he wasn't bellowing at opponents on political round tables, he was hawking everything from diet aids to soft drinks in advertisements and popping up in screen cameos playing always himself, the quintessential New Yorker, alongside Carrie and the girls in episodes of "Sex in the City" or with Big Bird in "The Muppets Take Manhattan."

He was pivotal in a September 2011 upset that put a Republican into the heavily Democratic congressional district that had been held by Rep. Anthony Weiner, who had been forced to resign in a "sexting" scandal. Koch helped catapult Republican Bob Turner to an unlikely victory in the special election to replace Weiner after he endorsed Turner to show his anger with President Obama's Middle East policy. "Ed Koch was enough to turn this around," Democratic strategist Hank Sheinkopf said after Turner's win.

For his 86th birthday, New York's current mayor, Michael Bloomberg, renamed the Queensboro Bridge linking Manhattan to Koch's home borough of Queens after him, saying the bridge – now officially known as the Ed Koch Queensboro Bridge -- was like Koch: "a resilient, hard-working New York City icon."

"He was a great mayor, a great man, and a great friend," Bloomberg said in a statement Friday after Koch's death. "In elected office and as a private citizen, he was our most tireless, fearless, and guileless civic crusader. Through his tough, determined leadership and responsible fiscal stewardship, Ed helped lift the city out of its darkest days and set it on course for an incredible comeback."

New York Gov. Andrew Cuomo echoed the sentiment. "No New Yorker has -- or likely ever will -- voice their love for New York City in such a passionate and outspoken manner than Ed Koch," said Cuomo. "New York City would not be the place it is today without Ed Koch's leadership over three terms at City Hall."

City flags were ordered flown at half-staff.

"He was the epitome of New York--loud, funny, opinionated, smart," said Arzt, a former reporter who became Koch's spokesman in City Hall and had lunch with him every Saturday after he left, along with 10 other alumni of the administration. "Ed was very much a straight shooter, a champion of the middle class, a moderate Democrat akin to a Harry Truman. He defied categories."

In fact, Koch loved to enrage liberals by doing and saying the unthinkable--endorsing Republican politicians (John Lindsay, Rudolph Giuliani, George W. Bush) and their beliefs (the death penalty). But Koch also held fast to many liberal values. A civil libertarian, Koch made one of his first executive orders when he became mayor to add sexual preference to a citywide ban on job discrimination.

He not only never shied away from controversy, he invited it; unlike successors Giuliani and Michael Bloomberg, he enjoyed confrontation. He once wrestled an egg-throwing heckler to the floor before the police could move in.

Altogether Koch wrote (mostly co-authored) 15 books, including eight autobiographies, two children's books and multiple mystery novels starring himself as the detective. He also regularly reviewed movies and restaurants, and at last count had more than 6,200 followers on Twitter (@mayoredkoch).

Really, Koch would opine to whomever, whenever, never mincing words: Movie tickets were too expensive; the United Nations, after an anti-Israel vote, was "made up of gangsters, cutthroats and piranhas"; a Puerto Rican mayoral rival was a "poverty pimp"; Sarah Palin was likable "but she scares the hell out of me." He never lost interest in his absolutely favorite subject—himself. "How'm I doin'?" was his trademark question.

The only topics that remained off limits were his heroic service as an infantryman in World War II—he was awarded two battle stars—and his sexuality. A lifelong bachelor, Koch refused to delve into rumors of his homosexuality. "I ran in a total of 24 elections and won 21," he once told the New York Times. "I will not be a coward and say I am straight or I'm gay, because it's no one's business. I got where I am today not because of sexuality or gender but because people thought I was the best at what I did...."

In recent years, though Koch appeared to mellow, seeking reconciliation with many of his former rivals, he refused to yield when it came to standards for public service. As recently as the summer of 2010, at age 85, he ginned up a campaign called "New York Uprising" to reform state government. Despite a history of heart disease that left him with two pacemakers and a degenerative spinal disorder that caused the once-strapping 6-foot-1 former mayor to be stooped in old age, he embarked in a rented Jeep on a campaign-style press tour around upstate New York to shame reluctant legislators in their home districts to signing a pledge to "clean up Albany."

"I didn't willingly take this on," he told reporters. "I was waiting for someone else to do it.... It's only after six months or a year of going to every breakfast, lunch and dinner, where all they talked about is the dysfunctional Legislature ... I'm thinking somebody is going to stand up and challenge this in some form. But nobody did. So I said to myself, 'Well, if nobody will, I will.' "

This was shortly after Koch, ever the showman, revealed he'd finalized plans for his funeral and penned his gravestone epitaph about his love of his religion, Judaism, his city and his country.

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Superomniphobic Material Vigorously Repels All Fluids

Dr. Anish Tuteja has developed a coating that will repel just about any liquid.

You may have heard of oleophobic coatings (which reduce smudges on your touchscreen) or hydrophobic coatings (which repel water). Working with a team at the University of Michigan, he’s developed a new coating for material that will repel both Newtonian and non-Newtonian fluids of just about any kind. They’re calling it superomniphobic.

According to Dr. Tuteja, the key to making fluids bounce off a material is to trap pockets of air between the fluid at the surface. This starts as a chemistry problem (you want a material with low surface energy) but quickly becomes a physics problem. “With chemistry we can cause water to bead up but not oil,” he says. “To get to the next step you have to design the geometry or the shape of the coating.”

To create the coating, the team takes a polymer solution and applies an electric field to it. By tuning the concentration of the polymer solution, they can change how the solution breaks up into microscopic droplets. These droplets are then deposited on the surface, and Dr. Tuteja says they can coat any material.

The result is a hierarchical texture, where a highly porous surface is itself made up of nanopores. There are so many millions of tiny pockets of air trapped under the droplet that the fluid and the surface barely come into contact at all. Dr. Tuteja says they’ve left samples submerged for up to two months. They come out completely dry.

OK, so is this stuff magical? Not so, says Dr. Tuteja, for while it’s basically invulnerable to fluids (including monsters like hydrochloric acid) thanks to its properties at the nano scale, it’s very vulnerable at the mechanical scale. “Durability remains a big issue. It’s easy to peel this one off,” he says.

The good news is they are working on a more durable coating. It’s made using similar principles but the polymers and the manufacturing process are different. Applications for such a material run from protecting gadgets in the field to making coatings for boats that reduce drag as they slice through the water.

It’s all part of a series of investigations that Dr. Tuteja says the team has been running for five years since he was a post doc at MIT. As they progress, some materials can be commercialized quickly, while others help them learn new principles for application to the next project. “All the work we do in my lab is to a particular application,” he says. “We try to think of novel ways to solve a particular problem. We try to figure out if there is a better way to address that and find the scientific principles along the way.”

“It’s a very visual field, you immediately know whether you have succeeded or failed.”

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Macklemore & Ryan Lewis score unlikely hit

NASHVILLE, Tenn. (AP) — The rapper Macklemore thinks there’s a simple reason the hit “Thrift Shop” appears to be going viral: It dares to be different.

“There’s a certain sound that has kind of flooded the mainstream airwaves as far as hip-hop music,” he said a few hours after taping a performance on “Late Show with David Letterman” on Thursday night with producing partner Ryan Lewis. “The beat doesn’t sound anything like that, the lyrics are kind of completely polar opposite from what you hear from most commercial rap records and it’s got a hook that’s very catchy. So I think that you combine those three things and it equates to an original sounding song that’s refreshing to the audience that hears it.”

Listeners have responded with rare enthusiasm to the song about “poppin’ tags” to develop your own unique sense of swag. “Thrift Shop” sits atop the Billboard Hot 100 radio airplay chart, the Nielsen SoundScan Digital Songs chart and is the No. 1 song on Spotify for two consecutive weeks. Only one other song, Bruno Mars‘ “Locked Out of Heaven,” has reached the top of those lists simultaneously.

The Seattle-based duo has sold 2.3 million copies so far — a million in the last month alone — and sales continue to grow week to week. Macklemore, whose real name is Ben Haggerty, said he and Lewis thought the song might appeal to a “niche demographic” and didn’t envision it becoming a single. The song’s sense of humor is key, but Haggerty says there’s also a deeper message about individuality and modern culture’s obsession with expensive fashion.

“The more expensive the better is kind of the American way and if you spent $ 600 for a sweatshirt, then that makes it better,” Haggerty said. “And I don’t necessarily think that’s the case. If it’s a $ 600 sweatshirt that’s fresh, that’s fantastic if it looks great. But to me to just pay a ridiculous amount of money for something just because of the logo isn’t creative and it’s just unfortunate that people equate spending money to style.”

___

Online:

http://macklemore.com

___

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

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Well: Gluten-Free Muffin Recipes

For people who need to eliminate gluten from their diet, baking becomes a challenge. Beginners often find gluten-free baked goods too dense. Even the Recipes for Health columnist Martha Rose Shulman didn’t like the flavor of a commercial gluten-free flour mix, which left her gluten-free cookies and tart-shells with a strong taste of bean flour. As a result, she created her own gluten-free mix for baking muffins. She writes:

My son Liam still doesn’t know that the muffins he has been devouring all week are gluten-free.

I put together my own gluten-free flour mix, one without bean flour, and turned to America’s favorite Gluten-Free Girl, Shauna James Ahem, for guidance. I was already thinking about making muffins, and I wanted a mix that could replace the whole wheat flour I usually use in conjunction with other grains or flours. Her formula for a whole-grain flour mix is simple – 70 percent ground gluten-free grain like rice flour, millet flour, buckwheat flour or teff (the list on her site is a long one) and 30 percent starch like potato starch, cornstarch or arrowroot.

For this week’s recipes, I used what I had, which was brown rice flour, potato starch and cornstarch – 20 percent potato starch and 10 percent cornstarch — and that’s the basis for the nutritional analyses of this week’s recipes. I used this mix in conjunction with a gluten-free meal or flour, so the amount of pure starch in the batters is much less than 30 percent.

When you bake anything it is much simpler and results are more consistent if you use grams and scale your ingredients. This is especially true with gluten-free baking, since you are working with grain and starch formulas. Digital scales are not expensive and I urge you to switch over to this method if you like to bake. I have given approximate cup measures so the recipes will work both ways, but scaling is more accurate.

Here are five ways to bake gluten-free muffins:

Gluten-Free Banana Chocolate Muffins: These dark chocolate muffins taste more extravagant than they are.

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Gluten-Free Cornmeal, Fig and Orange Muffins: A sweet and grainy cornmeal mixture makes for a delicious muffin.

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Gluten-Free Whole Grain Cheese and Mustard Muffins: A savory muffin with a delicious strong flavor.

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Gluten-Free Buckwheat, Poppy Seed and Blueberry Muffins: The buckwheat flour is high-fiber and makes a dark, richly-flavored muffin.

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Gluten-Free Cornmeal Molasses Muffins: Strong molasses provides a good source of iron in an easy-to-make muffin.

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Google Submits Proposal in Bid to Resolve E.U. Antitrust Case

BRUSSELS — E.U. officials said Friday that Google had submitted proposals aimed at ending a three-year antitrust case focused on its hugely popular online search service, but the offer did not prevent rivals from seeking to prolong its legal entanglements.

After filing a new complaint against Google this past week, Icomp, an industry group backed by Microsoft, urged European regulators on Friday to approach the company’s proposal with caution.

“To be seen as a success, any settlement must include specific measures to restore competition and allow other parties to compete effectively on a level playing field,” David Wood, legal counsel for Icomp, said in a statement.

Michael Weber, chief executive of an online mapping service called hot-map.com, a member of Icomp based in Germany, said he hoped the offer by Google was “enough to restore competition,” but “if not, we will take into account all legal options we have and we won’t hesitate to use them.”

If they remain dissatisfied, critics of Google in Europe can sue the European Commission, the European Union’s executive arm, at the General Court of the European Court of Justice in Luxembourg for failing to push hard enough for an effective solution. Such cases can take years to reach a final judgment.

Google managed to reach one settlement Friday. In France, it agreed to pay €60 million, or $82 million, into a fund to help French media develop their presence on the Internet, the president’s office said. Publishers in France had been pushing for Google to pay them licensing fees for the headlines and summaries of articles in its search engines.

The new antitrust complaint by Icomp, filed Thursday, claimed the search giant was using exclusive agreements to discourage advertisers and publishers from using competing advertising platforms and search services like Bing and Yahoo.

Neither the company nor European officials were willing Friday to describe the settlement proposals. But it had been expected that Google would offer revisions to the way it conducts its online search business in Europe to address regulators’ concerns that the company’s activities were unfair to other Web publishers and its online competitors.

The two parties are still negotiating the terms of the proposed settlement, and a final agreement between Google and the commission is expected in the coming week, according to a person briefed on the negotiations who was not authorized to speak publicly before an agreement was reached.

The commission has taken a tougher line with Google than the U.S. Federal Trade Commission, which decided in January, after a 19-month inquiry into how the company operated its search engine, that Google had not broken antitrust laws.

Joaquín Almunia, the European competition commissioner and top E.U. antitrust official, has been formally investigating Google since November 2010. He has insisted that Google make changes to the most sensitive area of its business, online search.

If Mr. Almunia ultimately accepts Google’s offer, the company will avoid further investigation that could lead to a fine of as much as 10 percent of its annual global sales, which came to about $50 billion last year. Google would also avoid a guilty finding that could restrict its activities in Europe.

“We continue to work cooperatively with the commission,” Al Verney, a spokesman for Google in Brussels, said Friday.

Antoine Colombani, a spokesman for Mr. Almunia, said at a news conference Friday that Google had sent “a detailed proposal,” which the commission was analyzing before taking further steps.

But there is no formal timeline in European antitrust cases, which means that negotiations could continue.

“I can’t anticipate the timing or the substance of the analysis,” Mr. Colombani said.

Mr. Almunia could still take a far more confrontational stance with Google by sending the company a statement of objections, which is the European equivalent of formal antitrust charges. But that is something Mr. Almunia has been eager to avoid because he favors nonlitigious solutions to antitrust problems, particularly in the fast-moving technology field, to prevent cases from dragging on for years.

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California's population to grow 39% by 2060, report says

By Chris Megerian

January 31, 2013, 10:48 a.m.

California's population will reach nearly 52.7 million by 2060, according to a new state report. 

The projection, released by Gov. Jerry Brown's Department of Finance, said the state will cross the 50 million threshold by 2049.

The report showed 39% growth in the state's population. By comparison, if there was a state made only from the difference between the California's current population and its projected population in 2060, it would be the fifth-largest state in the nation. 

California's demographics are also in for a major shift, according to the report: For the first time since California became a state, Latinos will be a plurality in early 2014. By 2060, they will be nearly half of the state's population. 

Although the state's Asian population is also growing, it will only be a little more than 13% of the state's population, the report said.

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It's (Almost) Alive! Scientists Create a Near-Living Crystal

Three billion years after inanimate chemistry first became animate life, a newly synthesized laboratory compound is behaving in uncannily lifelike ways.

The particles aren’t truly alive — but they’re not far off, either. Exposed to light and fed by chemicals, they form crystals that move, break apart and form again.

“There is a blurry frontier between active and alive,” said biophysicist Jérémie Palacci of New York University. “That is exactly the kind of question that such works raise.”

Palacci and fellow NYU physicist Paul Chaikin led a group of researchers in developing the particles, which are described Jan. 31 in Science as forming “living crystals” in the right chemical conditions.

Their experiments are rooted in the researchers’ interest in self-organizing collective behaviors, which are easier to study in controlled particle form than in schooling fish or flocking birds.

Each particle is made from a microscopic cube of hematite, a compound consisting of iron and oxygen, sheathed in a spherical polymer coat. One corner is left exposed.

Under certain wavelengths of blue light, hematite conducts electricity. When the particles are placed in a hydrogen peroxide bath under blue light, chemical reactions catalyze around the exposed tips.

'There is a blurry frontier between active and alive.'

As the hydrogen peroxide breaks down, concentration gradients form. The particles travel down these, aggregating into crystals that also follow the gradients.

Random forces pull the crystals apart, but eventually they merge again. The process repeats again and again, stopping only when the lights go out.

The ultimate goal of the work is to study how complicated collective behaviors arise from simple individual properties, perhaps informing molecular self-assembly projects, but it’s hard not to think about the origin-of-life implications.

“Here we show that with a simple, synthetic active system, we can reproduce some features of living systems,” Palacci said. “I do not think this makes our systems alive, but it stresses the fact that the limit between the two is somewhat arbitrary.”

Chaikin notes that life is difficult to define, but can be said to possess metabolism, mobility, and the ability to self-replicate. His crystals have the first two, but not the last.

Some scientists think that life’s building blocks once existed in such a form, bouncing back and forth for millions of years until coalescing in configurations that possessed the ability to copy themselves.

Add slight imperfections in the copies — mutations, in other words — and the necessary conditions for natural selection and evolution would be fulfilled.

Inasmuch as it’s possible to say what might have happened billions of years ago, the rest was evolutionary history.

As for what’s happening now in Palacci and Chaikin’s lab, a particle currently under development isn’t mobile, but it has a metabolism and is self-replicating.

“We’re working on it,” Chaikin said.

Citation: “Living Crystals of Light-Activated Colloidal Surfers.” By Jeremie Palacci, Stefano Sacanna, Asher Preska Steinberg, David J. Pine, Paul M. Chaikin. Science, Vol. 339 No. 6119, 1 February 2013.

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Glut of R-rated movies putting Box Office on overload

LOS ANGELES (TheWrap.com) – “Bullet to the Head,” the guns-blazing, axe-swinging action film from Sylvester Stallone, arrives Friday and is the latest violent, R-rated movie to open in January. The month itself could be rated “R” – for Repetitious.

Nine of the 11 movies released widely since the start of the year and Friday are rated “R.” Of last weekend’s top 10 films, eight carried the restricted rating, which requires youngsters under 17 to be accompanied by an adult.

Hollywood distribution executives regularly maintain that variety in the marketplace –including films with a range of ratings – is essential to doing strong overall business. January, traditionally a slow box-office month, is running roughly 10 percent ahead of last year. But last week was the first week to be down from 2012, and it’s possible the preponderance of R-rated offerings is taking a toll.

“There’s been one PG-13 release this month – ‘Mama’ – and it went right to No. 1,” Exhibitor Relations senior analyst Jeff Bock told TheWrap, “and I expect ‘Warm Bodies’ will do the same this weekend.”

“Warm Bodies,” which comes out Friday from Lionsgate, is a PG-13 teenage zombie romance based on a young adult novel. “There has to be a degree of pent-up demand from kids out there,” Bock said.

It’s violence more than sex that’s driving the R-rated trend. Two of the nine releases –”Texas Chainsaw” and “Hansel and Gretel: Witch Hunters” – were 3D gore fests. Three – “Parker,” “Broken City” and “Gangster Squad” – were crime dramas. Two – “The Last Stand” and Warner Bros.‘ “Bullet to the Head” – are action films, and two were comedies: “The Haunted House” and “Movie 43.”

Several R-rated films have scored at the box office this month. Best Picture Oscar nominees “Zero Dark Thirty,” “Django” and “Silver Linings Playbook” over performed. “Texas Chainsaw” and “Hansel and Gretel” both went to the head of the class with openings in the $ 20 million range.

But too many movies of the same sort can leave some demographic groups underserved, as well as limit a film’s playability. For example, there’s a good chance MGM and Paramount’s action fantasy “Hansel and Gretel” might have done better had teenagers been able to get in without bringing an adult.

“With some films,” explained distribution chief Don Harris of Paramount of “Hansel and Gretel,” “you really don’t have a choice. From the time it was conceived, this one was going to be an R-rated movie and there was no amount of editing or tweaking that was going to change that.”

Harris noted that of the top four comedies released last year, three – Universal‘s “Ted” and “This Is 40,” and Warner Bros.‘ “The Campaign” – were rated R.

“That is clearly a developing genre,” Harris said, “with a high ceiling.” Exhibit A might be “Ted,” which has taken in $ 515 million worldwide, with nearly $ 300 million coming from overseas.

The other top comedy, “Parental Guidance” from Fox, has very much benefited from its PG rating. “We were the only true family movie in the market place for weeks, and it paid off,” Fox distribution chief Chris Aronson said. “Parental Guidance” has taken in about $ 70 million since opening on Christmas Day.

The trend won’t end any time soon. After this Super Bowl weekend, both of the following week’s wide releases – the Universal comedy “Identity Thief” and the Open Road Films crime drama “Side Effects” – are rated R.

It won’t be until Valentine’s Day that things will change. On that Thursday, the PG-13 Warner Bros. drama “Beautiful Creatures,” the PG-13 Relativity romance “Safe Haven” and the Weinstein Company’s PG animated film “Escape From Planet Earth” will all hit theaters. The latter will be the first kids film to hit the marketplace since Disney re-released “Monsters Inc.” in December.

But those who like their film mayhem full-on needn’t despair. Fox’s Bruce Willis action film “A Good Day to Die Hard” opens that day, too. And it’s rated R.

Movies News Headlines – Yahoo! News

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During Trial, New Details Emerge on DuPuy Hip

When Johnson & Johnson announced the appointment in 2011 of an executive to head the troubled orthopedics division whose badly flawed artificial hip had been recalled, the company billed the move as a fresh start.

But that same executive, it turns out, had supervised the implant’s introduction in the United States and had been told by a top company consultant three years before the device was recalled that it was faulty.

In addition, the executive also held a senior marketing position at a time when Johnson & Johnson decided not to tell officials outside the United States that American regulators had refused to allow sale of a version of the artificial hip in this country.

The details about the involvement of the executive, Andrew Ekdahl, with the all-metal hip implant emerged Wednesday in Los Angeles Superior Court during the trial of a patient lawsuit against the DePuy Orthopaedics division of Johnson & Johnson. More than 10,000 lawsuits have been filed against DePuy in connection with the device — the Articular Surface Replacement, or A.S.R. — and the Los Angeles case is the first to go to trial.

The information about the depth of Mr. Ekdahl’s involvement with the implant may raise questions about DePuy’s ability to put the A.S.R. episode behind it.

Asked in an e-mail why the company had promoted Mr. Ekdahl, a DePuy spokeswoman, Lorie Gawreluk, said the company “seeks the most accomplished and competent people for the job.”

On Wednesday, portions of Mr. Ekdahl’s videotaped testimony were shown to jurors in the Los Angeles case. Other top DePuy marketing executives who played roles in the A.S.R. development are expected to testify in coming days. Mr. Ekdahl, when pressed in the taped questioning on whether DePuy had recalled the A.S.R. because it was unsafe, repeatedly responded that the company had recalled it “because it did not meet the clinical standards we wanted in the marketplace.”

Before the device’s recall in mid-2010, Mr. Ekdahl and those executives all publicly asserted that the device was performing extremely well. But internal documents that have become public as a result of litigation conflict with such statements.

In late 2008, for example, a surgeon who served as one of DePuy’s top consultants told Mr. Ekdahl and two other DePuy marketing officials that he was concerned about the cup component of the A.S.R. and believed it should be “redesigned.” At the time, DePuy was aggressively promoting the device in the United States as a breakthrough and it was being implanted into thousands of patients.

“My thoughts would be that DePuy should at least de-emphasize the A.S.R. cup while the clinical results are studied,” that consultant, Dr. William Griffin, wrote.

A spokesman for Dr. Griffin said he was not available for comment.

The A.S.R., whose cup and ball components were both made of metal, was first sold by DePuy in 2003 outside the United States for use in an alternative hip replacement procedure called resurfacing. Two years later, DePuy started selling another version of the A.S.R. for use here in standard hip replacement that used the same cup component as the resurfacing device. Only the standard A.S.R. was sold in the United States; both versions were sold outside the country.

Before the device recall in mid-2010, about 93,000 patients worldwide received an A.S.R., about a third of them in this country. Internal DePuy projections estimate that it will fail in 40 percent of those patients within five years; a rate eight times higher than for many other hip devices.

Mr. Ekdahl testified via tape Wednesday that he had been placed in charge of the 2005 introduction of the standard version of the A.S.R. in this country. Within three years, he and other DePuy executives were receiving reports that the device was failing prematurely at higher than expected rates, apparently because of problems related to the cup’s design, documents disclosed during the trial indicate.

Along with other DePuy executives, he also participated in a meeting that resulted in a proposal to redesign the A.S.R. cup. But that plan was dropped, apparently because sales of the implant had not justified the expense, DePuy documents indicate.

In the face of growing complaints from surgeons about the A.S.R., DePuy officials maintained that the problems were related to how surgeons were implanting the cup, not from any design flaw. But in early 2009, a DePuy executive wrote to Mr. Ekdahl and other marketing officials that the early failures of the A.S.R. resurfacing device and the A.S.R. traditional implant, known as the XL, were most likely design-related.

“The issue seen with A.S.R. and XL today, over five years post-launch, are most likely linked to the inherent design of the product and that is something we should recognize,” that executive, Raphael Pascaud wrote in March 2009.

Last year, The New York Times reported that DePuy executives decided in 2009 to phase out the A.S.R. and sell existing inventories weeks after the Food and Drug Administration asked the company for more safety data about the implant.

The F.D.A. also told the company at that time that it was rejecting its efforts to sell the resurfacing version of the device in the United States because of concerns about “high concentration of metal ions” in the blood of patients who received it.

DePuy never disclosed the F.D.A. ruling to regulators in other countries where it was still marketing the resurfacing version of the implant.

During a part of that period, Mr. Ekdahl was overseeing sales in Europe and other regions for DePuy. When The Times article appeared last year, he issued a statement, saying that any implication that the F.D.A. had determined there were safety issues with the A.S.R. was “simply untrue.” “This was purely a business decision,” Mr. Ekdahl stated at that time.

This article has been revised to reflect the following correction:

Correction: January 30, 2013

The headline on an earlier version of this article described the start of the DePuy trial incorrectly. It began last week, not Wednesday. The error was repeated in an earlier summary.

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Law Schools’ Applications Fall as Costs Rise and Jobs Are Cut

Law school applications are headed for a 30-year low, reflecting increased concern over soaring tuition, crushing student debt and diminishing prospects of lucrative employment upon graduation.

As of this month, there were 30,000 applicants to law schools for the fall, a 20 percent decrease from the same time last year and a 38 percent decline from 2010, according to the Law School Admission Council. Of some 200 law schools nationwide, only 4 have seen increases in applications this year. In 2004 there were 100,000 applicants to law schools; this year there are likely to be 54,000.

Such startling numbers have plunged law school administrations into soul-searching debate about the future of legal education and the profession over all.

“We are going through a revolution in law with a time bomb on our admissions books,” said William D. Henderson, a professor of law at Indiana University, who has written extensively on the issue. “Thirty years ago if you were looking to get on the escalator to upward mobility, you went to business or law school. Today, the law school escalator is broken.”

Responding to the new environment, schools are planning cutbacks and accepting students they would not have admitted before.

A few schools, like the Vermont Law School, have started layoffs and buyouts of staff. Others, like at the University of Illinois, have offered across-the-board tuition discounts to keep up enrollments. Brian Leiter of the University of Chicago Law School, who runs a blog on the topic, said he expected as many as 10 schools to close over the coming decade, and half to three-quarters of all schools to reduce class size, faculty and staff.

After the normal dropout of some applicants, the number of those matriculating in the fall will be about 38,000, the lowest since 1977, when there were two dozen fewer law schools, according to Brian Z. Tamanaha of Washington University Law School, the author of “Failing Law Schools.”

The drop in applications is widely viewed as directly linked to perceptions of the declining job market. Many of the reasons that law jobs are disappearing are similar to those for disruptions in other knowledge-based professions, namely the growth of the Internet. Research is faster and easier, requiring fewer lawyers, and is being outsourced to less expensive locales, including West Virginia and overseas.

In addition, legal forms are now available online and require training well below a lawyer’s to fill them out.

In recent years there has also been publicity about the debt load and declining job prospects for law graduates, especially of schools that do not generally provide employees to elite firms in major cities. Last spring, the American Bar Association released a study showing that within nine months of graduation in 2011, only 55 percent of those who finished law school found full-time jobs that required passage of the bar exam.

“Students are doing the math,” said Michelle J. Anderson, dean of the City University of New York School of Law. “Most law schools are too expensive, the debt coming out is too high and the prospect of attaining a six-figure-income job is limited.”

Mr. Tamanaha of Washington University said the rise in tuition and debt was central to the decrease in applications. In 2001, he said, the average tuition for private law school was $23,000; in 2012 it was $40,500 (for public law schools the figures were $8,500 and $23,600). He said that 90 percent of law students finance their education by taking on debt. And among private law school graduates, the average debt in 2001 was $70,000; in 2011 it was $125,000.

“We have been sharply increasing tuition during a low-inflation period,” he said of law schools collectively, noting that a year at a New York City law school can run to more than $80,000 including lodging and food. “And we have been maximizing our revenue. There is no other way to describe it. We will continue to need lawyers, but we need to bring the price down.”

Some argue that the drop is an indictment of the legal training itself — a failure to keep up with the profession’s needs.

“We have a significant mismatch between demand and supply,” said Gillian K. Hadfield, professor of law and economics at the University of Southern California. “It’s not a problem of producing too many lawyers. Actually, we have an exploding demand for both ordinary folk lawyers and big corporate ones.”

She said that, given the structure of the legal profession, it was hard to make a living dealing with matters like mortgage and divorce, and that big corporations were dissatisfied with what they see as the overly academic training at elite law schools.

The drop in law school applications is unlike what is happening in almost any other graduate or professional training, except perhaps to veterinarians. Medical school applications have been rising steadily for the past decade.

Debra W. Stewart, president of the Council of Graduate Schools, said applicants to master of business degrees were steady — a 0.8 percent increase among Americans in 2011 after a decade of substantial growth. But growth in foreign student applications — 13 percent over the same period — made up the difference, something from which law schools cannot benefit, since foreigners have less interest in American legal training.

In the legal academy, there has been discussion about how to make training less costly and more relevant, with special emphasis on the last year of law school. A number of schools, including elite ones like Stanford, have increased their attention to clinics, where students get hands-on training. Northeastern Law School in Boston, which has long emphasized in-the-field training, has had one of the smallest decreases in its applicant pool this year, according to Jeremy R. Paul, the new dean.

There is also discussion about permitting students to take the bar after only two years rather than three, a decision that would have to be made by the highest officials of a state court system. In New York, the proposal is under active consideration largely because of a desire to reduce student debt.

Some, including Professor Hadfield of the University of Southern California, have called for one- or two-year training programs to create nonlawyer specialists for many tasks currently done by lawyers. Whether or not such changes occur, for now the decline is creating what many see as a cultural shift.

“In the ’80s and ’90s, a liberal arts graduate who didn’t know what to do went to law school,” Professor Henderson of Indiana said. “Now you get $120,000 in debt and a default plan of last resort whose value is just too speculative. Students are voting with their feet. There are going to be massive layoffs in law schools this fall. We won’t have the bodies we need to meet the payroll.”

This article has been revised to reflect the following correction:

Correction: January 31, 2013

An earlier version of this article misidentified those at the Vermont Law School who would be subject to layoffs and buyouts. It is the staff, not professors.

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Retired barber charged in fatal shooting of Newport Beach doctor

By Nicole Santa Cruz

January 30, 2013, 10:43 a.m.

Prosecutors have filed charges against a 75-year-old man who is accused of murdering his urologist during an appointment in Newport Beach.

Stanwood Fred Elkus of Lake Elsinore has been charged with one felony count of special circumstances murder by lying in wait and a sentencing enhancement for the personal use of a firearm causing death, according to the Orange County district attorney’s office.

Prosecutors say Elkus, a retired barber, arrived for an appointment at his doctor’s office Monday afternoon and waited in an exam room until Ronald Gilbert entered.

Elkus is accused of shooting Gilbert several times in the upper body, according to prosecutors and police.

Other doctors heard the shots and attempted to revive Gilbert, prosecutors said. Elkus gave his gun to a staff member in the office and was arrested without incident, they said.

Elkus, who is being held at the Orange County jail on no bail, was expected in court Wednesday.

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Court Upholds Conviction in Dead Sea Scrolls E-Mail Impersonation Case

A New York appeals panel is upholding the e-mail impersonation conviction of the son of a famous Dead Sea Scrolls scholar — setting aside contentions that the e-mails were constitutionally protected satiric hoaxes or pranks.

Defendant Raphael Golb, who was sentenced to six months, is the son of historian Norman Golb. The younger Golb, unhappy with scholastic attacks on his father’s research, faked e-mails of his father’s vocal rivals, sent them to New York University and University of California, Los Angeles administrators, faculty and even some students. One of those impersonating e-mails portrayed a rival scholar as admitting “plagiarism” in his own work.

But the appeals court found Tuesday that the younger Golb’s First Amendment rights were not breached.

“Defendant was not prosecuted for the content of any of the emails, but only for giving the false impression that his victims were the actual authors of the e-mails. The First Amendment protects the right to criticize another person, but it does not permit anyone to give an intentionally false impression that the source of the message is that other person,” the court ruled.

The court added: “The statutes criminalized the act of impersonation and its unlawful intent, not the content of speech falsely imputed to the victims.”

Eugene Volokh, a UCLA legal scholar, wrote that the conviction was reasonable.

“To be sure, that usually leads to civil liability, but nothing in the court’s decision suggests that criminal liability in such cases is impermissible, especially when the law is limited to relatively clearly identifiable falsehoods, such as falsely claiming to be someone you are not,” he said.

The appeals panel upheld 29 of the 30 charges against the younger Golb.

Ron Kuby, the defendant’s attorney, said he would appeal the decision to New York’s top court.

He said he client was prosecuted under New York fraud statutes that were written before the internet was born.

“They are saying anybody who writes under an assumed name on the internet can be prosecuted, if they decide to prosecute,” Kuby said in a telephone interview. “That’s an abomination of the First Amendment.”

The defendant’s sentence has been stayed pending the resolution of his appeals.

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