Monday, 7 November 2011

How wrangle over Jerusalem is at the core of a US Supreme Court showdown

Did Congress overstep its authority when it instructed US officials to list 'Israel' as the place of birth for Americans born in Jerusalem? Supreme Court justices heard arguments Monday.

The status of Jerusalem, bitterly contested for ages by rivals in the Middle East, has for years also divided the legislative and executive branches of the US government.

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Now a law passed by Congress in 2002 instructing US officials to list ?Israel? as the place of birth for Americans born in Jerusalem is at the core of a potentially historic showdown at the US Supreme Court pitting legislative against executive power.

On Monday the justices heard arguments in the case, Zivotofsky v. Clinton, examining whether Congress overstepped its authority when it passed the law.

Based on questions asked at oral argument, the justices appear inclined to leave the intricacies of foreign policy to the State Department.

The case arises in the relatively limited context of how best to record the birth of a child to American citizens when the birth takes place in Jerusalem. But the underlying issues will likely force the justices to confront irreconcilable claims to power from co-equal branches of government.

On one side is a State Department policy that requires that the US passport of a child born in Jerusalem record the place of birth as merely Jerusalem.

On the other side is the federal law that requires US officials to record Israel as the place of birth, whenever requested by US-citizen parents.

Roughly a month after the law was passed, Ari and Naomi Zivotofsky, both US citizens living in Jerusalem, were blessed with the birth of a son, Menachem.

The boy?s mother applied for a US passport, but was disappointed to learn it would not record the place of her son?s birth as Israel, only Jerusalem. State Department officials cited the Jerusalem policy.

The Zivotofskys sued, asking a federal judge to force the State Department to comply with the Congressional statute. The judge declined, ruling that the case raised a political question that was best left to the political branches of government to resolve. An appeals court agreed.

In taking up the case, the Supreme Court asked both parties to address the political question issue as well as whether the 2002 congressional statute violated the president?s authority to recognize foreign governments.

Both sides in the debate cite different sources of authority.

Washington lawyer Nathan Lewin, representing the Zivotofskys, told the justices on Monday Congress was acting under its power to regulate passports.

Solicitor General Donald Verrilli countered that the congressional action intrudes on the president?s authority to recognize foreign governments.

The underlying issue is highly emotional and freighted with historic and religious significance.

Israel has long claimed Jerusalem as its capital, but US diplomats ? with an eye toward being honest brokers in Arab-Israeli peace talks ? have declined to endorse the designation.

Instead, the State Department has maintained an official policy of neutrality over the ultimate jurisdiction of the city. Jerusalem is considered a sacred site to Christians, Jews, and Muslims, and US officials fear any perceived US policy change might spark a backlash among Muslims.

In the Muslim world, Jerusalem under an Israeli flag is a rallying cry, particularly among Islamic militants.

Mr. Lewin downplayed potential foreign policy fallout from the congressional mandate. ?This gives the individual passport holder a choice,? he told the justices.

Lewin said the congressional directive would apply to 50,000 passports and would simply allow each passport holder to decide whether to self-identify with ?Jerusalem? as a birth place, or ?Israel.?

He said Congress has the authority to impose such restrictions on passports, including what the passport says.

?This is not in our view a recognition case,? he said. ?This is a passport case.?

Lewin said there is no political question involved in the case. He said the courts must decide whether the statute is constitutional, and if it is constitutional, then the courts must enforce it.

?We live in a system under which Congress passes the law and the president has the duty to be the sole instrument of foreign policy,? Lewin said. ?But when Congress disapproves of what he does ? Congress prevails.?

Solicitor General Verrilli urged the court to find that the executive branch has exclusive power to recognize foreign governments and that the congressional directive infringes on that power.

Verrilli said the Jerusalem issue is ?a very sensitive and delicate matter.? ?He added: ?This is an area in which the executive?s got to make the judgment because it?s of paramount importance that the nation speak with one voice.?

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/R4SJKMMctlw/How-wrangle-over-Jerusalem-is-at-the-core-of-a-US-Supreme-Court-showdown

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Autocowrecks: Mile-High Insurance Doesn't Exist Either - Epic Fail ...

Source: http://failblog.org/2011/11/04/epic-fail-photos-autocowrecks-mile-high-insurance-doesnt-exist-either/

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Sunday, 6 November 2011

McCourt to pay $131M in divorce settlement

By GREG RISLING

updated 8:47 p.m. ET Nov. 3, 2011

LOS ANGELES - Los Angeles Dodgers owner Frank McCourt must pay his former wife and ex-team CEO Jamie McCourt $131 million by the end of April as part of their divorce settlement, according to a binding settlement filed Thursday.

The agreement was signed by the former couple last month but made official Thursday. It calls for the lump sum to be paid in cash and would be tax-free. If Frank McCourt comes up with the money before April 30, 2012, $1 million per month will be shaved from his tab.

McCourt and Major League Baseball reached an agreement this week to sell the team and its media rights. The Dodgers filed for bankruptcy protection in June after the league rejected a television contract with Fox, reported to be worth up to $3 billion, that McCourt needed to keep the team afloat.

MLB had assumed control of the club's day-to-day operations in mid-April before the team filed for bankruptcy.

The couple's protracted divorce was played out in court, where their lavish spending habits were made public. Court documents contend the McCourts took out more than $100 million in loans from Dodgers-related businesses for their own use

Superior Court Judge Scott Gordon ruled in December that a post-marital agreement that gave Frank McCourt sole ownership of the Dodgers was invalid, clearing the way for his ex-wife to seek half of the team under California's community property law.

As part of the settlement between the McCourts, Jamie will retain two beachfront homes in Malibu, a house in Holmby Hills and a condominium in Vail. After paying off the mortgages, the four properties have a value of about $50 million.

Frank McCourt will continue to pay $225,000 in temporary spousal support until the lump-sum payment is made. He will get to keep two homes in Massachusetts, according to the agreement.

The McCourts previously reached a divorce settlement on June 17, but the deal was contingent on approval of the proposed TV contract. That deal would have given Jamie McCourt $100 million.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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Francona-Theo reunion a bad idea

CSN: It seems logical that Terry Francona would be at the top of the Cubs' list of managerial candidates. But given the collapse of the undisciplined Red Sox this fall, it's difficult to see Chicago hiring the former Boston manager.

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Source: http://nbcsports.msnbc.com/id/45158078/ns/sports-baseball/

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Eric Schmidt: Actually, Google's Market Share Is ... - Business Insider

Apparently Google isn't as dominant as you think it is.

Today, chairman and former CEO Eric Schmidt submitted the following in written testimony to to a U.S. Senate subcommittee on fair competition:

As I acknowledged during the Committee hearing, Google is ?in the area? of 65% of queries in the U.S., if you look only at Google?s general search competitors, such as Microsoft?s Bing and Yahoo!. In fact, we find that the monthly general search query figures released by comScore and Hitwise don?t reflect the reality of how many sites Google competes with in search.

Schmidt is probably referring to vertical search engines like Kayak (travel info) and Realtor.com (real estate listings). Collectively, these search engines may have a few points of market share.

But the worry of regulators is that Google can simply build competing verticals, then favor its own verticals in search results. And if a competitor carves out a really valuable niche, then Google can just buy it, like it did with travel information site ITA.

This is a retreat from what Schmidt said a month ago when he appeared in person and basically admitted that Google was dominant.

Schmidt's change of tune was pointed out by the Association for Competitive Technology, a lobbying group that is funded partly by Google competitors like Microsoft and Oracle. But still -- it's an interesting glimpse into how Google might try to fight allegations that it's a monopoly.

.

Source: http://www.businessinsider.com/eric-schmidt-actually-googles-market-share-is-lower-than-you-think-2011-11

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Saturday, 5 November 2011

AP Exclusive: Third worker says Cain harassed her

Republican presidential candidate Herman Cain pauses while speaking at the Congressional Health Caucus Thought Leaders Series, Wednesday, Nov. 2, 2011, on Capitol Hill in Washington. (AP Photo/Carolyn Kaster)

Republican presidential candidate Herman Cain pauses while speaking at the Congressional Health Caucus Thought Leaders Series, Wednesday, Nov. 2, 2011, on Capitol Hill in Washington. (AP Photo/Carolyn Kaster)

Republican presidential candidate Herman Cain speaks after meeting with doctors attending the Docs4PatientCare conference in Alexandria, Va., Wednesday, Nov. 2, 2011. (AP Photo/Cliff Owen)

Republican presidential candidate Herman Cain speaks after meeting with doctors attending the Docs4PatientCare conference in Alexandria, Va., Wednesday, Nov. 2, 2011. (AP Photo/Cliff Owen)

Republican presidential candidate Herman Cain, center, is surrounded by security and staff as he walks through a hotel lobby in Alexandria, Va., Wednesday, Nov. 2, 2011, before speaking after meeting with doctors attending the Docs4PatientCare conference. (AP Photo/Cliff Owen)

Republican presidential candidate Herman Cain, center, enters a conference room to make a statement after meeting with doctors attending the Docs4PatientCare conference in Alexandria, Va.,Wednesday, Nov. 2, 2011. (AP Photo/Cliff Owen)

(AP) ? A third woman considered filing a workplace complaint against Herman Cain over what she deemed aggressive and unwanted behavior when she and Cain, now a Republican presidential candidate, worked together during the late 1990s, the woman told The Associated Press on Wednesday. She said the behavior included a private invitation to his corporate apartment.

The woman said he made sexually suggestive remarks or gestures about the same time that two co-workers had settled separate harassment complaints against Cain, who was then the head of the National Restaurant Association.

The woman was located and approached by the AP as part of its investigation into harassment complaints against Cain that were disclosed in recent days and have thrown his presidential campaign into turmoil. She spoke only on condition of anonymity, saying she feared losing her current job and the possibility of damage to her reputation.

Cain's campaign denied anew that he'd done anything wrong, decried a "smear campaign" as he is riding high in opinion polls and accused rival Rick Perry's operation of being behind the original stories.

Perry told the conservative RedState blog late Wednesday that his campaign "had absolutely nothing to do with it."

Earlier, the Perry campaign suggested the campaign of yet another candidate, Mitt Romney, might be a source. Romney's campaign said that wasn't true.

Perry spokesman Ray Sullivan called the Cain campaign's assertions against Perry "both reckless and false."

"For a candidate and campaign that claim to be the victims of unfounded and unproven accusations, they are awfully quick to hurl unfounded accusations themselves. Contrary to the Cain campaign's false accusations, there is not one shred of evidence that any member of the Perry team had anything to do with the recent stories regarding Herman Cain ? because it isn't true," Sullivan said.

The woman said she did not file a formal complaint against Cain because she began having fewer interactions with him. Later, she learned that a co-worker ? one of the two women whose accusations have rocked Cain's campaign this week ? had already done so. She said she would have felt she had to file otherwise.

She said Cain told her that he had confided to colleagues how attractive she was and invited her to his corporate apartment outside work.

His actions "were inappropriate, and it made me feel uncomfortable," she said.

Earlier this week, amid the allegations but not addressing them specifically, Cain said he had "a sense of humor, and some people have a problem with that."

But the former employee told the AP: "People have said he's a jovial guy. But I never knew him to make jokes like that."

The AP confirmed that the employee worked at the restaurant association with Cain during the period in question, that she has no party affiliation in her voter registration in the past decade and is not identified as a donor in federal campaigns or local political campaigns. Records show she was registered as a Democrat at one point previously.

Asked for comment about the accusations, including the most recent, Cain spokesman J.D. Gordon said, "Mr. Cain has said over the past two days at public events that we could see other baseless allegations made against him as this appalling smear campaign continues." Gordon added, "He has never acted in the way alleged by inside-the-Beltway media, and his distinguished record over 40 years spent climbing the corporate ladder speaks for itself."

Denying any involvement, Sullivan said the Perry campaign learned of the allegations when Politico first published a story late Sunday evening.

Cain himself, in an interview with Forbes, said he believed a Perry consultant gave information about the allegations to Politico. After denying earlier this week that he knew about any settlements, Cain said Wednesday that he outlined the allegations of a woman to the consultant, Curt Anderson, when Anderson was helping him on an earlier campaign.

Anderson said in a statement to AP: "I was one of several consultants on his Senate race in 2004 and was proud to help him. I never heard any of these allegations until I read about them in Politico, nor does anything I read in the press change my opinion that Herman is an upstanding man and a gentleman."

Perry's campaign pointed to Romney's operation as a possible source of the Politico story. "There are real ties between Romney campaign backers and Mr. Cain and the National Restaurant Association," Sullivan said.

Romney spokeswoman Andrea Saul denied that the campaign was involved in the disclosure of the sexual harassment allegations. And Romney, himself, took a pass when asked to comment on Cain in a television interview.

Meanwhile, another woman who worked with Cain at the restaurant association, said, "I found him to be a good boss." Christina Howard, a former lobbyist for the association, said, "I felt no problem going into his office and asking for his advice."

She said she didn't recall allegations about Cain during his tenure and added, "I'd roll my eyes at anyone who would make that allegation."

But Chris Wilson, a pollster who did work for the restaurant association during Cain's tenure, said in an interview that he witnessed the businessman making inappropriate comments and gestures toward a young woman who worked for the group during a dinner at a hotel in Arlington, Va., across the Potomac River from Washington in the late 1990s. Wilson declined to discuss more specifics without the woman's permission.

Cain's behavior with women was well known, Wilson said.

"People knew about it. I'm surprised that it hasn't come up before," said Wilson, whose firm, Wilson Perkins Allen Opinion Research, does polling for a political action committee backing Perry. Wilson said he has not been the source of information on the accusations against Cain.

Throughout the day Wednesday, Cain tried to project an image of campaign business as usual, but he appeared frazzled at times and couldn't escape the questions that have dogged him since the report Sunday night that at least two women had complained about his behavior while at the restaurant association and had been given financial settlements. The controversy has arisen two months before the leadoff Iowa caucuses and as polls show Cain at the head of the GOP field alongside Romney.

"There are factions that are trying to destroy me personally, as well as this campaign," Cain said as the day began, though he didn't say to whom he was referring.

At his next appearance in suburban Virginia, he was supposed to take questions after a speech to health care professionals, but he ultimately refused.

"Don't even bother asking me all of these other questions that you all are curious about, OK? Don't even bother," a testy Cain told a throng of reporters.

When pressed, Cain raised his voice and said "What did I say? Excuse me. Excuse me!" as hotel security led him through a hallway jammed with journalists. "What part of 'no' don't people understand?"

Another of Cain's accusers was increasingly reluctant speak publicly, a person close to the situation said Wednesday. The person, speaking on the condition of anonymity because of the sensitivity of the accusations, said the fact that the incident has become public was very unsettling to the woman.

By late Wednesday, it appeared that the accuser's lawyer, Joel P. Bennett, was not going to press the National Restaurant Association to waive the confidentiality agreement the accuser had agreed to as a part of her settlement so she could talk freely, as the lawyer initially had suggested he would.

Rather, Bennett told the AP in a brief email that he would seek approval Thursday from the trade group for his client to issue a statement about her position notwithstanding the confidentiality agreement.

Confidentiality agreements that commit both sides to silence are common in financial settlements of an employee's sexual harassment claims, lawyers for management and employees said. Violating such an agreement can lead to a complaint in court and an order to pay damages, or at least the other side's attorney's fees, said Sarah Pierce Wimberly, a partner in the Atlanta office of the Ford and Harrison law firm.

But when the silence is broken, it's often hard to find the source of the leak, said Robert Kelner, a partner in the Covington and Burling firm's Washington office. He said, "The truth is, when parties enter into these confidentiality agreements around a settlement, they usually understand that there is less than 100 percent certainty that the information is truly going to remain confidential."

It's not clear if Cain himself was part of the settlement or whether it just involved the association and the woman. But he almost certainly would be bound by it, as the association's former president.

Over the past two days, Cain has acknowledged he knew of one agreement between the restaurant association and a woman who accused him of sexual harassment. He has said the woman initially asked for a large financial settlement but ultimately received two to three months' pay as part of a separation agreement. Cain also acknowledged remembering one of the woman's accusations against him, saying he stepped close to her to make a reference to her height and told her she was the same height as his wife.

He has said he is not aware of agreements or settlements with any other women.

In media interviews since the story broke Sunday, Cain has offered conflicting accounts of what happened during his tenure at the trade group in Washington. He eventually acknowledged knowing about one settlement but said he did not know how much was paid. The New York Times reported Tuesday that one payout was $35,000, equivalent to one year's salary for one of the women.

The pressure on Cain only increased when a pillar of the GOP establishment suggested Wednesday that the Georgia businessman should ask the association to waive the confidentiality agreements.

"What are the facts?" asked Mississippi Gov. Haley Barbour on MSNBC. "If you have a confidentiality agreement that keeps the public from finding out something that the public is interested in knowing the facts, you ought to go on and get the facts out."

____

Associated Press writers Kasie Hunt, Brett Blackledge and Mark Sherman in Washington and news researcher Judy Ausuebel in New York contributed to this report.

____

Follow Jack Gillum at http://twitter.com/jackgillum

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2011-11-02-Cain/id-06f5e535b330417f9541b21eb1bf5aa9

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Friday, 4 November 2011

'Superhero' pilot: Landing might've been better

Hailed as a hero for his smooth emergency landing of a Boeing jet, a Polish pilot said he felt a "huge relief" once his passengers evacuated the plane but wondered whether he could have done even better.

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Capt. Tadeusz Wrona, 54, softly placed the LOT airlines plane carrying 231 people from Newark, New Jersey, on its belly at Warsaw airport, gaining instant hero status in Poland. Some attributed his gentle landing to his years of experience as a glider pilot.

In the United States, video of Wrona's landing immediately evoked memories of the "miracle on the Hudson," when Capt. Chesley "Sully" Sullenberger landed a crippled US Airways jet in the Hudson River in 2009 and saved 155 lives.

At a news conference Wednesday in Warsaw, Wrona appeared uncomfortable with all the accolades, insisting that calling him a hero was "exaggerated."

Story: Plane crash-lands at Warsaw's international airport, no one injured

"I am absolutely sure that each of us would have done it the same way, and that the result would have been the same," Wrona said in his dark blue pilot's uniform with golden insignia. "We tried to put the plane down as gently as we could and we were successful."

But he added that he kept playing the landing over and over again in his mind, imagining if he might have executed it better.

Co-pilot Jerzy Szwarc told The Associated Press he was calm and had a sense of "deja-vu" during the landing, after having trained for emergency touchdowns many times on a flight simulator.

Slideshow: Emergency landing in Warsaw (on this page)

Wrona focused mostly on the technical aspects of his landing, revealing only a small hint of emotion ? the enormous sense of relief he felt when all his passengers and crew had reached safety.

"When I stopped on the runway, I still was not sure that everyone was safe because smoke and some burning from friction appeared on the ground," Wrona said. "I felt huge relief when the head flight attendant reported that the plane was empty."

'Superhero'
Passengers on board the plane described Tuesday's landing as so smooth they thought they had landed on wheels. However, sparks, smoke and small fires under the plane erupted on landing, and emergency workers immediately doused the plane with water.

One reporter asked him about the exceptional landing. Wrona joked that he heard one passenger in the back complain about feeling a bump, eliciting chuckles from journalists.

Several Facebook pages sprang up immediately to express admiration for Wrona, with some calling him a "superhero." "Fly like an eagle and land like a crow," runs a phrase that has appeared on Facebook, playing on the word "wrona," Polish for crow.

The landing is an inspiration to a nation that is still heavily focused on the aviation disaster in Smolensk, Russia, in April 2010, in which President Lech Kaczynski and 95 others died when their plane crashed in heavy fog.

A Polish government report put much of the blame for that accident on poor pilot training and faulty security procedures within the Polish air force. In contrast, the Polish crew's landing of the faulty plane has been hailed as masterful and a textbook-perfect example of how to carry out an emergency procedure.

President Bronislaw Komorowski ? Kaczynski's successor ? praised the crew and emergency workers on the ground and said he plans to bestow state decorations on them.

The State Commission for Examining Air Accidents said Wednesday it has opened an investigation into the reasons of the plane's malfunctioning

Inspection
Meanwhile, a team of Boeing experts from the United States arrived in Poland on Wednesday to offer advice on removing the plane from the runway and to inspect its technical condition, LOT President Maciej Pirog said.

Warsaw airport remained closed, but Pirog said LOT was hoping to resume its flights Wednesday night, after the plane is moved from the intersection of two runways. Cranes were lifting the plane from the runway Wednesday evening.

Pirog refused to give cost estimate for the airport stoppage, but said 12,000 passengers and 280 flights go through Warsaw's Frederic Chopin airport daily.

LOT said the plane suffered "a central hydraulic system failure," indicating that the hydraulics used to extend the landing gear, or undercarriage, failed. The failure of an entire undercarriage was unprecedented for a Boeing 767 and highly unusual overall, according to aviation data and experts.

"I have flown this plane 500 times and this is the first time the undercarriage did not open," Wrona said.

"I will pilot it again with pleasure because it is one of the newest planes in the LOT fleet," Wrona said. "I hope it can be repaired. These are very well-made planes."

It would be weeks before it is known if the plane can be put back into service, Pirog said.

Meanwhile, heavy fog grounded planes at several Polish airports that were to have taken over some of the flights in and out of Warsaw. Airports in Krakow, Lodz, Katowice, Gdansk and Poznan have had to cancel or postpone departures and arrivals due to the fog.

"Maybe it would have been better for the company if the slide on the belly ended 300 meters (yards) further down the runway," Wrona joked. "But Boeing manuals don't say how far the plane can slide on its belly," he said, again drawing laughter from reporters.

Copyright 2011 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Source: http://www.msnbc.msn.com/id/45132573/ns/world_news-europe/

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Is Salman miffed with Sonakshi?

To the world Sonakshi Sinha is known as Salman Khan?s girl having made her debut in Arbaaz Khan’s maiden venture ?Dabangg?. With her first film only the doe eyed beauty rose to the position of being one of the most promising actresses of Bollywood. Not just the audiences but even the critics hailed her debut [...]

Source: http://feedproxy.google.com/~r/newslatest/~3/iX3mI5BnF8g/3905.html

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