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Anti-Semitism claims against UC Berkeley dismissed (AP)

BERKELEY, Calif. ? A federal judge has dismissed a lawsuit filed by two Jewish students who claimed the University of California, Berkeley, fostered an atmosphere of anti-Semitism by not doing enough to curb alleged harassment during pro-Palestinian protests that included mock checkpoints.

Plaintiff Jessica Felber claimed in the lawsuit that a leader of a campus pro-Palestinian group rammed her with a shopping cart as she staged a counter-protest to "Apartheid Week," an annual event that compares Israel's policies to the institutionalized racism of South Africa's former white government.

Felber, who graduated last year, and current undergraduate Brian Maissy sued in March to demand the university enact rules to curb what they called ongoing harassment that they said amounted to a violation of their First Amendment rights to freedom of religion and speech.

Much of the alleged harassment, even if true, constituted protected political speech, San Francisco U.S. District Judge Richard Seeborg wrote in dismissing the case against the university Thursday.

Seeborg found that the university itself did not violate the plaintiffs' constitutional rights. Furthermore, he said UC Berkeley did not have a legal obligation to intervene in any dispute in which a private individual was allegedly interfering with those rights.

"The incident in which Felber was assaulted with a shopping cart, for example, did not occur in the context of her educational pursuits," Seeborg wrote.

"Rather, that event occurred when she, as one person attempting to exercise free speech rights in a public forum was allegedly attacked by another person who likewise was participating in a public protest in a public forum."

Joel Siegal, a lawyer for the plaintiffs, told the San Francisco Chronicle his clients were reviewing their options and that the suit had stimulated dialogue about acceptable conduct at the university.

In the Apartheid Week protests as described in the lawsuit, students dressed as soldiers carry fake assault weapons and demand to know whether passing students are Jewish. Felber said she required medical attention as a result of the shopping cart incident and obtained a permanent restraining order against the alleged assailant.

The plaintiffs cited what they said was a long history of harassment of Jewish students by Muslim and pro-Palestinian student groups on UC campuses.

Among those is a high-profile case in Orange County, where 10 Muslim students were convicted of misdemeanors for disrupting a speech given by an Israeli ambassador last year at UC Irvine. The students appealed, arguing that the law used to convict them was vague and unconstitutional.

In dismissing the UC Berkeley case, Seeborg observed that many of the incidents of alleged harassment occurred before the plaintiffs were enrolled or did not happen at UC Berkeley. He also said the incidents as described showed that campus police intervened to arrest disruptive protesters and that the university has worked to mediate conflicts between opposing student groups.

"The court has reaffirmed the fact that the university has been working hard to resolve conflicts between campus groups with opposing points of view," said Christopher Patti, chief campus counsel for UC Berkeley.

Tensions between Jewish and Muslim student groups have often run high on UC campuses over the issue of Israel's policies toward Palestinians.

In March, the U.S. Department of Education's Office of Civil Rights notified UC Santa Cruz it was investigating a faculty member's complaint that a series of pro-Palestinian events had created a hostile environment for Jewish students.

Hebrew lecturer Tammi Rossman-Benjamin said administrators repeatedly failed to address her and students' concerns about film screenings and appearances by "viciously anti-Israel" speakers sponsored with campus funds. The university said Rossman-Benjamin's complaints were unfounded.

Source: http://us.rd.yahoo.com/dailynews/rss/mideast/*http%3A//news.yahoo.com/s/ap/20111227/ap_on_re_us/us_campus_anti_semitism

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Argentine President diagnose with thyroid cancer

FILE - In this Dec. 10, 2011, file photo, Argentina's President Cristina Fernandez gestures after her swearing-in ceremony at the government house in Buenos Aires, Argentina. Fernadez has thyroid cancer, but it has not spread and will be surgically removed on Jan. 4, and then she will take 20 days of medical leave, during which Vice President Amado Boudou will run the country, Alfredo Scoccimarro, Fernandez's spokesman said Tuesday, Dec. 27, 2011. (AP Photo/Jorge Araujo, file)

FILE - In this Dec. 10, 2011, file photo, Argentina's President Cristina Fernandez gestures after her swearing-in ceremony at the government house in Buenos Aires, Argentina. Fernadez has thyroid cancer, but it has not spread and will be surgically removed on Jan. 4, and then she will take 20 days of medical leave, during which Vice President Amado Boudou will run the country, Alfredo Scoccimarro, Fernandez's spokesman said Tuesday, Dec. 27, 2011. (AP Photo/Jorge Araujo, file)

In this photo taken Dec. 10, 2011, Argentina's President Cristina Fernandez, right, gestures as her Vice President Amado Boudou smiles after their swearing-in ceremony at the government house in Buenos Aires, Argentina. Fernandez has thyroid cancer, but it has not spread and will be surgically removed on Jan. 4, and then she will take 20 days of medical leave, during which Boudou will run the country, Alfredo Scoccimarro, Fernandez's spokesman said Tuesday, Dec. 27, 2011. (AP Photo/Jorge Araujo)

BUENOS AIRES, Argentina (AP) ? President Cristina Fernandez has thyroid cancer, but test results showed Tuesday that it remains limited to a lobe in the right side of her neck and has not spread into her lymph nodes, her spokesman said.

Fernandez, 58, will undergo surgery on Jan. 4 and then take 20 days of medical leave, during which Vice President Amado Boudou will run the country. Meanwhile, she will keep up her normal routine, spokesman Alfredo Scoccimarro suggested, noting that she will appear at several events on Wednesday as planned.

Scoccimarro said the cancer was discovered during a routine exam on Dec. 22, and that Fernandez received the results from follow-up tests hours before the announcement.

This kind of thyroid cancer is highly survivable, with more than 95 percent of patients living at least 10 years after detection, according to the U.S. National Institutes of Health.

The usual treatment is to surgically remove as much of the cancerous material as possible, and then follow up with radioactive iodide treatments, taken orally. This substance helps to destroy any remnants of the cancerous gland and provide for clearer images showing any additional cancer, the NIH said on its Web site.

After surgery, patients usually must take medicine ? levothyroxine sodium ? for the rest of their lives to replace a hormone that the thyroid glands produce. Blood tests every six to 12 months to measure thyroid levels also are recommended.

Fernandez is only the latest South American leader to be diagnosed with cancer. Presidents Fernando Lugo of Paraguay, Hugo Chavez of Venezuela and Dilma Rousseff of Brazil all have undergone treatments recently.

Presidential doctors Luis Buonomo and Marcelo Ballesteros said the operation will be led by Dr. Pedro Saco, chief of the surgery department at Hospital Austral and chief of the Head and Neck Service of the oncology institute at the University of Buenos Aires. Saco also trained in cancer centers in Houston and New York, the hospital said.

Thyroid surgery is not without risk: the NIH says a nerve that controls the vocal cords can be damaged, and doctors sometimes accidentally remove the parathyroid gland, which helps regulate blood calcium levels.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/bbd825583c8542898e6fa7d440b9febc/Article_2011-12-27-LT-Argentina-President's-Health/id-191df28807054450a61579728c6f52da

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Japanese designer of arty kichenware Yanagi dies (AP)

TOKYO ? Sori Yanagi, whose designs for stools and kitchen pots brought the simplicity and purity of Japanese decor into the everyday, has died. He was 96.

The pioneer of Japan's industrial design died of pneumonia in a Tokyo hospital Sunday, Koichi Fujita of Yanagi Design Office said Monday.

Yanagi's curvaceous "butterfly stool," evocative of a Japanese shrine gate, won an award at La Triennale di Milano in 1957 and helped elevate him to international stature.

The work later joined the permanent collection of the Museum of Modern Art in New York and the Louvre museum in Paris.

Another typical Yanagi design was the stackable plastic stool, humorously called the "elephant stool," because of its resemblance to the animal's chunky feet.

The lines and curves of Yanagi designs were as distinctly Japanese as they were universal, winning him fans ? and a place in homes not only in Japan but around the world ? for his tea pots, ceramic cups and even the lowly whisk, which became artwork with his touch.

Yanagi chose design for his career after falling in love with the work of architect Le Corbusier while studying at a Tokyo fine art university.

Credited with paving the way on the international stage for younger Japanese designers, Yanagi also took up more monumental pieces, such as bridges and the Olympic torch, as well as a motorcycle and toys.

He supported Japanese traditional art throughout his life, and he served as head of the Japan Folk Crafts Museum in Tokyo, which his philosopher father founded.

Funeral arrangements were not being disclosed as the ceremony is for family and close friends. He is survived by his wife Fumiko and four children, Fujita said.

___

Follow Yuri Kageyama on Twitter at http://twitter.com/yurikageyama

Source: http://us.rd.yahoo.com/dailynews/rss/obits/*http%3A//news.yahoo.com/s/ap/20111226/ap_on_re_as/as_japan_obit_yanagi

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China Tainted Milk: Mildewed Feed Behind Cancer-Causing Toxin ...

BEIJING -- Mildewed feed given to cows caused the high levels of a cancer-causing toxin found in milk from China's biggest dairy company and a smaller one, according to a government safety agency investigating the troubled dairy industry's latest scandal.

An expert review identified the mildewed feed as the cause of the excessive levels of aflatoxin in milk from industry giant Mengniu Dairy Group and the Fujian Changfu Dairy Industry Group, the quality supervision and inspection agency said in a statement posted on its website late Monday.

The agency ordered the dairies to destroy the tainted products, and it advised the public that the contamination will end once the cows stop eating the rotten feed.

Aflatoxin is produced by a fungus that commonly grows on grain and legume crops such as peanuts, soybeans, corn and wheat. The toxin turns up in the milk of animals that eat affected crops.

Though at low doses it is not considered harmful to humans, high doses are linked to cancer, especially in the liver.

Both Mengniu and Changfu have issued public apologies. Mengniu said that the tainted products were produced at a subsidiary in Sichuan province and none had entered the market. Changfu said it recalled the affected products immediately after inspectors told the company.

While once a rarity in the Chinese diet, dairy has become a staple as incomes have risen, and the industry's booming growth has been accompanied by persistent quality issues. In the worst scandal, at least six infants died and 300,000 children were sickened in 2008 from drinking infant formula and milk products made with melamine, an industrial chemical that was being added to watered-down milk to elevate protein levels in quality tests.

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Source: http://www.huffingtonpost.com/2011/12/27/china-tainted-milk_n_1170778.html

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Cowboys play it safe, rest Romo, Felix vs. Philly (AP)

ARLINGTON, Texas ? Tony Romo was in the locker room dealing with a passing hand that wasn't broken, but was swelling.

At the same time, the New York Giants were polishing off a victory that rendered the result of this game just about meaningless, and turned their game against the Cowboys in New York next weekend into a battle for the NFC East title.

So Jerry Jones left his midfield viewing booth and marched right to coach Jason Garrett on the sideline. Neither would give a clear explanation of their conversation, but it's obvious how the chat went considering Romo didn't return and oft-injured running back Felix Jones soon joined him on the sideline.

Missing those crucial players, and lacking intensity, the Cowboys came within 7 seconds of being shut out at home for the first time in 20 years, losing 20-7 to the Philadelphia Eagles on Saturday.

"You have to step back and understand what the situation is," Garrett said. "We need to be as healthy as we can be next week."

New York's victory eliminated the Eagles from the playoffs and meant the Cowboys couldn't clinch the division title with a win. Dallas could've still been playing for a wild-card backup plan, but was clearly more concerned about getting ready for the "win and you're in" route to the playoffs, especially after Romo banged his hand on the helmet of a defender.

Garrett said the club had decided earlier in the week who would and wouldn't play if the Giants won. Garrett said Romo's injury added a new wrinkle.

The question of why Jones decided to personally go over the plan with Garrett again, and in light of the Romo injury, wasn't really answered.

"I did want to go and communicate real good and we did communicate real good," Jones said. "These are decisions made by Jason, ultimately."

Michael Vick threw touchdown passes on his first drive and just before halftime, which was all the scoring the Eagles would need. They added a pair of field goals in the second half, while their defense prevented an offense powered by Stephen McGee, Sammy Morris and Chauncey Washington from sustaining any drives.

Dallas' only points came after a blocked punt set up McGee on the Philadelphia 16-yard line with 19 seconds left. He ran for 12 yards, then hit Miles Austin for a 4-yard touchdown pass to avoid the first shutout since November 2003, and the first at home since September 1991, also against Philadelphia.

"I just feel like we dodged a bullet ? Romo is healthy, that's critical to us," Jones said. "I certainly agree with how we played the game tonight, and who played what, when and how they played ? complete agreement with it."

Dallas (8-7) lost for the third time in four games, guaranteeing another losing record after Thanksgiving. If the Cowboys end up missing the playoffs, this flop at the finish will loom large all offseason. Of course, if they win the division, it'll only be a footnote.

The upcoming week will be filled with all sorts of similar high-stakes ramifications that will be riding on the finale for both Dallas and New York. Anticipating huge interest ? and high ratings ? that game has been moved to NBC's prime-time Sunday night showcase.

"If at the beginning of the year you told us we would have a chance to win the division in Week 17, we would have jumped at it," tight end Jason Witten said. "We will have to play our best football. It's on the road. It's going to be tough. But that's the environment you have to take. The Giants have been in these situations, too. It's going to be a huge challenge."

When this game kicked off, the Giants were up by only six points midway through the fourth quarter, so the Cowboys and Eagles still had a lot to play for.

Philadelphia got the ball first and Vick picked up where he left off the last time these teams met, cruising 80 yards in eight plays for a 7-0 lead. Then the Eagles snuffed Romo, forcing a punt from around midfield.

On the final play of that series, Romo rushed a third-down pass to avoid a sack. On his follow-through, he smacked his passing hand on Jason Babin's helmet. That's when things got about as interesting as they'd be the rest of the afternoon.

The drama began with Jones leaving his midfield viewing booth to chat with Garrett. He returned to his booth about the same time Romo returned to the sideline.

Romo couldn't grip the ball or take a snap, so he got his hand and wrist wrapped. While he was trading his helmet for a baseball cap, team vice president Stephen Jones arrived on the sideline and spoke with trainers. Felix Jones then joined Romo as being done for the day.

McGee ? who moved up from third-stringer to backup when Jon Kitna went on injured reserve ? took over for Romo and went 24 of 38 for 182 yards, with four runs for 28 yards.

McGee beat the Eagles in last season's finale, but he struggled to even sustain drives this time. It didn't help that his running backs were Morris (pulled from retirement before last week's game) and Washington (signed off the street this week).

"It took me a little while to get comfortable," McGee said. "I don't get very many reps, basically never in a real game. I felt like I made progress through the game."

Philadelphia (7-8) won its third straight, giving the preseason "Dream Team" and midseason nightmare the chance to break even if it can beat the Redskins at home in its finale next weekend. The Eagles also swept the season series against the Cowboys for the first time since 2006, having clobbered Dallas 34-7 in October.

"If we had gotten into the playoffs we would have definitely done some damage," Vick said. "It's unfortunate we didn't. That's the game of football. We made some mistakes early (this season) and got behind in the win-loss column. But we're just happy we're finishing strong."

The defense sure is. Philadelphia has allowed just 36 points and 683 yards over the last three games, with 16 sacks.

"I think it took a little time to gel," said defensive lineman Cullen Jenkins, one of the offseason additions whose arrival raised expectations. "I guess it took longer than we anticipated. We just didn't get the job done. You can make all the excuses in the world, but they really don't mean anything. At the end of the season when you look at our final record, there's not going to be asterisk by it. You just have to own up to it. We let a lot of opportunities get away from us early. All we can do now is control what we do in the future."

Vick was 18 of 32 for 293 yards, with the touchdowns going to Jeremy Maclin and Brent Celek. Jason Avant nearly had another TD, but fumbled inches before touching the pylon, resulting in a touchback for the Cowboys.

DeSean Jackson caught five passes for 90 yards, and ran for 27 yards on two end arounds, both on consecutive plays.

Alex Henery kicked field goals of 43 and 51 yards for the Eagles' only points in the second half.

"They're disappointed we don't have a shot at the playoffs," coach Andy Reid said. "At the same time I was pleased with the energy they brought to the football field. They wanted to dominate and play aggressive football. Nobody was hanging their heads."

Source: http://us.rd.yahoo.com/dailynews/rss/topstories/*http%3A//news.yahoo.com/s/ap/20111225/ap_on_sp_fo_ga_su/fbn_cowboys

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Northwestern University Law Review Mea Culpa

? Death of Larry Ribstein (1946-2011) | Main | Ayers & Edlin: An Inequality Tax Trigger ?

December 26, 2011

Northwestern University Law Review Mea Culpa

NorthwesternThe current issue of the Northwestern University Law Review contains a remarkable "clarification" regarding Katherine Y. Barnes (Arizona), Is Affirmative Action Responsible for the Achievement Gap Between Black and White Law Students, 101 Nw. U. L. Rev. 1759 (2007), which disputed the "mismatch" theory proposed by Richard H. Sander (UCLA) in?A Systemic Analysis of Affirmative Action in American Law Schools, 57 Stan. L. Rev. 367 (2004):

December 26, 2011 in Legal Education, Scholarship | Permalink

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What is the norm for US law reviews? If a scholar publishes an empirical piece, is the data and the computer code released to the public, so that replication can be attempted? If not, why not?

Are there any significant studies of affirmative action as to which the date and program have not been fully released to the public for replication? If so, what studies?

Posted by: person | Dec 26, 2011 7:37:59 PM

I hope Arizona considers revoking her tenure. This is as bad as it gets in academia -- forging results. She may claim that there is another explanation but there is nothing to back that up. The facts are that any number of precautions could have prevented this error and she didn't take any of them.

Stephen Glass is smirking at this mea culpa.

Posted by: John | Dec 26, 2011 8:21:39 PM

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University exceeds LEED Platinum for a long-term pay off

December 21, 2011

University exceeds LEED Platinum for a long-term pay off

Twenty years ago, or thereabouts, there was a television commercial singing the praises of a particular brand of motor oil. It involved a mechanic talking about how well the oil protected engine parts from wear. The oil cost a bit more, he said, but it was worth it, because it reduced the need for engine repairs in the future.

In the conclusion, he held up a can of the oil, saying: ?You can pay me now ? then, holding up a badly worn piston, ?. . . or you can pay me later.?

Korky Koroluk

Construction Corner

Korky Koroluk

I thought of that commercial while reading a news release from the University of British Columbia, singing the praises of the building erected as home for the Centre for Interactive Research on Sustainability (CIRS).

The building, the release says, is North America?s ?greenest? building. It has all the features you would expect in such a building, but it does more. For example, instead of being a net-zero energy building, it generates enough energy to power itself as well as a neighbouring building.

It was built primarily of wood, which locks in more than 500 tonnes of carbon, offsetting the greenhouse gas emissions that resulted from other, non-renewable construction materials in the building, such as cement, steel and aluminum.

Funding the building was interesting.

The federal government gave $8.4 million and the provincial government $5.7 million. B.C. Hydro contributed $5 million, and $3.5 million came from Modern Green Development, China?s largest green real-estate developer.

Money also came from the Canada Foundation for Innovation, Sustainable Development Technology Canada, and Western Economic Diversification Canada. Two companies made sizeable in-kind contributions: Haworth Inc., for adaptable workspaces, and Honeywell for building controls and automation.

The building exceeds both LEED Platinum and Living Building standards.

And, at $37 million, it cost about 25 per cent more than an equivalent LEED Gold building, which is what UBC strives for in its other buildings.

The university figures it will recoup the extra cost in 25 years or less, through reduced operation, maintenance and energy costs. And, it figures it will reap significant cost savings over the building?s 100-year lifespan.

The university is a leader in planning for a low-carbon future, with impressive carbon-reduction targets.

It plans a 33-per cent reduction in institutional greenhouse gas emissions by 2015, a 67-per cent reduction by 2020, and 100 per cent by 2050.

It has four flagship projects, including the CIRS building, that make up the university?s transformation into a living laboratory, and which fall under the umbrella of the UBC Sustainability Initiative.

That group is headed by John Robinson, a professor in the university?s geography department, and its Institute of Resources, Environment and Sustainability.

?Unsustainable buildings are 100-year mistakes that affect us all, so accelerating the adoption of green building practices is crucial,? Robinson said in the news release.

?CIRS will serve as an agent of change, providing cities and builders a model to learn from, improve on and ultimately surpass.?

There are highly innovative projects built or under construction in other countries. Some could even be described as wildly innovative, and I?ll talk about them another time.

For now, though, the CIRS is at the pinnacle of sustainability in building design and construction, or so the university believes.

As such, it stands there, almost daring other designers and builders to do as well, or better.

Cost, of course, will be a factor, which means innovation must be applied to financing such buildings, not just designing and building them.

In a warming world, it is becoming increasingly evident that although there are extra costs involved in green construction, the long-term cost of doing nothing will be even higher. Like the guy in the motor oil commercial said, you can pay now, or pay later.

Korky Koroluk is a regular freelance contributor to the Journal of Commerce. Send comments or questions to editor@journalofcommerce.com.

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blackenterprise: Saudi Prince Buys $300 Million Stake in Twitter http://t.co/dsjyysNU #socialmedia

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