বৃহস্পতিবার, ২৭ সেপ্টেম্বর, ২০১২

Huge 5,000-year-old oak unearthed

The trunk of a giant oak tree, thought by experts to be more than 5,000 years old, has been unearthed in a field in Norfolk.

The 44ft (13.4m) Fenland Black Oak, or bog oak, was found buried in farmland at Methwold Hythe, near Downham Market.

Planks cut from the trunk will be dried over seven months in a specialist kiln.

A spokesman said the tree would make "a breathtaking table for public display giving an insight into the grandeur of these ancient giant forests".

Continue reading the main story

This one is worthy of preserving for the interest of the nation?

End Quote Hamish Low Fenland Black Oak Project

Bog oak is generally found buried in farmland.

One of the rarest forms of timber in England, when dry it is said to be "comparable to some of the world's most expensive tropical hardwoods".

Experts believe the Norfolk bog oak is "the largest-ever intact 5,000-year-old sub-fossilised trunk of an ancient giant oak", but think it could be just a section - possibly as small as a quarter - of the original tree.

Standing trees began to perish as flood waters gradually rose starting about 7,000 years ago and when they died they tumbled into silt that built up on the forest floor and this led to their preservation.

Hamish Low, of specialists Adamson and Low, said: "This one is so special in that it is intact and, as far as I can tell, sound along its full 44ft length.

"Along with the fact it is impossible to know how long Fenland Black Oaks will continue to rise out of the soil, and their inherent fragility, this one is worthy of preserving for the interest of the nation."

Having taken a team of experts a day on Tuesday to unearth the tree and mill on site to 10 planks, the wood is being transported to London for drying.

Working as the Diamond Jubilee Fenland Black Oak Project, Mr Low will lead a team of apprentice carpenters, in collaboration with the Worshipful Company of Carpenters, to create a 44ft table from the dried oak with the intention of putting it on show to the public.

"Most people in the woodwork business will think it's a ridiculous thing to try and attempt, but they are digging up less and less bog oak and there is very little of it on public display," said Mr Low.

"It's only by developing techniques over 20 years we've even dared to try and attempt this."

Source: http://www.bbc.co.uk/news/uk-england-norfolk-19722595#sa-ns_mchannel=rss&ns_source=PublicRSS20-sa

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সোমবার, ২৪ সেপ্টেম্বর, ২০১২

French vintners want US chateaux kept out of EU

BRUSSELS (AP) ? Drinking a Bordeaux wine from a "chateau" is as French as swigging Kentucky bourbon is American.

But now tempers are flaring across the vineyards of France. The United States wants to sell some of its wines in the European Union with ? sacrilege ? a "chateau" or "clos" label.

Is that cheating? Misappropriation? Whatever it is, the issue has the Bordelais turning claret with anger.

"What is at stake is the respect for tradition and quality," Laurent Gapenne of Chateau de Laville and president of the Federation des Grand Vins de Bordeaux told The Associated Press.

For American vintners, it's a question of selling more wine in their top export market, unshackled by historic language or restrictive terms in the world of 21st century globalization.

"People use words in different ways," WineAmerica chief operation officer Cary Greene told the AP, arguing there should be no ban on U.S. bottles carrying the word "chateau."

But the French argue that hundreds of years of craft are at stake. They're worried that the cachet a mention of "chateau" or "clos" ? which shows the origin of the wine ? carries is diluted if other winemakers started to stick it on their bottles in Europe.

On Tuesday, EU experts from the different member states were supposed to vote on the issue, but that was postponed following talks Monday between the EU and French Farm Minister Stephane Le Foll .

"I asked my services to clarify all of these matters," EU Agriculture Commissioner Dacian Ciolos said late Monday, effectively ruling out an immediate decision.

It's the latest skirmish in a trans-Atlantic wine war that has seen the United States grow from an upstart to an increasingly confident competitor on world markets.

U.S. founding father Thomas Jefferson was enamored with French wines and the French held dominance over world wine traffic until well after World War II. Then came the 1976 "Judgment of Paris," when, to French astonishment, California won a major blind taste test over French wines.

To this day, that event is considered the "tasting that changed the wine world." That never sat well with the French, and since then wine relations have often had an edge.

So when the European Commission decided to act on a U.S. request to regain permission to export 'chateau' and 'clos'-labeled wines to Europe ? including France ? the anger was palpable.

"The European Commission is bartering our heritage and our economic clout at the expense of globalization," said Gapenne. "I cannot understand that they would yield on this."

For the U.S., the benefits of tapping the European market are clear. Even though it is declining, the 27-nation European Union still accounts for 57 percent of the global wine consumption.

Last year, 34 percent of U.S. wine exports by value went to the EU, accounting for $478 million. And the industry is counting on removing trade barriers worldwide to push exports even more.

In comparison, the EU said its exports to the United States stood at ?2.2 billion ($2.86 billion) last year, boosted by many of the top-edge chateau and clos vintages that have come to define the continent's best wines. The global turnover of France's Bordeaux wines stood at ?4.2 billion and 55,000 jobs while the Burgundy region added ?1 billion and 20,000 jobs last year.

While the Americans feel they are unfairly locked out of a market, the French feel that centuries of careful cultivation is being thrown up for grabs.

"There would not be a level playing field," Gapenne said.

While French chateau bottles find their origins in wines made at the estate from grapes belonging to the chateau, the U.S. definition for export would use less stringent conditions on provenance. It could include grapes from "vines that have been traditionally used by this wine producer or producer group."

"We think the definition we presented is fair and reasonable," said Greene of the U.S. "The definitions we put forward, we believe accurately reflect what we think the market place can stand and what consumers can understand."

For the French, the very francophone origins of the "chateau" name argue differently.

"The Americans could create 'chateau' wines from grapes from all over and prices would of course be much lower," Gapenne said. "The consumer would be buying a 'chateau' wine with the idea of quality that represents our definition" while in fact it doesn't, he argued.

Several dozen premium wineries in the United States have already used the 'chateau' and 'clos' designation in the past. They were allowed to export wines bearing such labels for three years in the wake of a 2006 trans-Atlantic wine agreement, but that loophole was closed in 2009.

Names and denominations of origins have often created trade friction, affecting everything from Greek feta cheese to Lebanese hummus. In the 2006 agreement, for example, the EU said it was able to contain the use of such terms like Champagne and Port in the United States.

Any dilution of the typical French winery terms would undermine their standing in the world, said Gapenne.

And once the United States breaks the French hold on the term in Europe, it would set a precedent.

"It would become extremely difficult to stop other producing countries" from using the term, Gapenne's FGVB said in a statement. "The notion would be totally discredited and empty of any meaning."

Source: http://news.yahoo.com/french-vintners-want-us-chateaux-kept-eu-142357702--finance.html

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New SARS-like virus detected in Middle East

(AP) ? Global health officials are closely following a new respiratory virus related to SARS that is believed to have killed at least one person in Saudi Arabia and left another person in critical condition in Britain.

The germ is a coronavirus, from a family of viruses that cause the common cold as well as SARS, the severe acute respiratory syndrome that killed some 800 people, mostly in Asia, in a 2003 epidemic.

In the latest case, British officials alerted the World Health Organization on Saturday of the new virus in a man who transferred from Qatar to be treated in London. He had recently traveled to Saudi Arabia and is now being treated in an intensive care unit after suffering kidney failure.

Health officials don't know yet whether the virus could spread as rapidly as SARS did or if it might kill as many people.

"It's still (in the) very early days," said Gregory Hartl, a WHO spokesman. "At the moment, we have two sporadic cases and there are still a lot of holes to be filled in."

Hartl said it was unclear how the virus spreads. Coronaviruses are typically spread in the air but Hartl said scientists were considering the possibility that the patients were infected directly by animals. He said there was no evidence yet of any human-to-human transmission.

"All possible avenues of infection are being explored right now," he said.

So far there is no connection between the cases except for a history of travel in Saudi Arabia. SARS was first spread to humans from civet cats in China.

Hartl said no other countries have so far reported any similar cases to WHO.

Other experts said it was unclear how dangerous the virus is.

"We don't know if this is going to turn into another SARS or if it will disappear into nothing," said Michael Osterholm, a flu expert at the University of Minnesota. He said it was crucial to determine the ratio of severe to mild cases.

SARS hit more than 30 countries worldwide after spreading from Hong Kong. Osterholm said it was worrying that at least one person with the disease had died. "You don't die from the common cold," he said. "This gives us reason to think it might be more like SARS," which killed about 10 percent of the people it infected.

Britain's Health Protection Agency and WHO said in statements that the 49-year-old Qatari national became ill on Sept. 3, having previously traveled to Saudi Arabia. He was transferred from Qatar to Britain on Sept. 11 and is being treated in an intensive care unit at a London hospital for problems including kidney failure. Respiratory viruses aren't usually known to cause serious kidney problems.

The Health Protection Agency said it was unaware of any ties the patient had to Britain and that he likely was in a private clinic in the Middle East before being transferred to the London hospital. It said none of the health workers involved in his treatment had fallen ill.

WHO said virus samples from the patient are almost identical to those of a 60-year-old Saudi national who died earlier this year. The agency isn't currently recommending travel restrictions and said the source of infection remains unknown.

Saudi officials said they were concerned the upcoming Hajj pilgrimage next month, which brings millions of people to Saudi Arabia from all over the world, could provide more opportunities for the virus to spread. They advised pilgrims to keep their hands clean and wear masks in crowded places.

The Hajj has previously sparked outbreaks of diseases including the flu, meningitis and polio.

___

Frank Jordans in Berlin and Abdullah Shihri in Riyadh, Saudi Arabia, contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/bbd825583c8542898e6fa7d440b9febc/Article_2012-09-24-EU-MED-New-SARS-Virus/id-ef554c08ef5642e080b719afbf32b7c2

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Video: ?The computer is their classroom?

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Source: http://video.msnbc.msn.com/nightly-news/49104526/

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রবিবার, ২৩ সেপ্টেম্বর, ২০১২

China jails ex-police chief, closes in on disgraced politician

BEIJING (Reuters) - A Chinese court jailed ex-police chief Wang Lijun for 15 years on Monday after finding him guilty on four charges, including seeking to conceal the murder of a British businessman, in a scandal that felled the ambitious politician, Bo Xilai.

The court in Chengdu in southwest China said Wang received the sentence for "bending the law for selfish ends, defection, abuse of power and bribe-taking", according to the state-run Xinhua news agency.

The court found that Wang, the former police chief of Chongqing municipality in southwest China, tried to cover up the murder of a British businessman Neil Heywood in November 2011 by Gu Kailai, the wife of Bo, one of China's most controversial politicians.

With Gu already jailed, and Wang now joining her, the ruling Communist Party must next decide what to do with Bo, whose contentious downfall has dogged a leadership handover due to take place at a party congress as early as next month.

Wang sealed his fate at a trial a week ago by admitting the charges, according to an official account of the hearing published by Xinhua news agency. Only official media outlets were allowed inside the courtroom.

The main charges stem from a cascade of events triggered by Heywood's murder. Officials have said the murder itself arose from a business dispute in Chongqing, the riverside municipality that Bo and Wang made into their fiefdom.

After first helping Gu evade suspicion of poisoning Heywood, Wang then kept evidence of the murder, according to the official account of Wang's trial. In late January, Wang confronted Bo with the allegation that Gu was suspected of killing Heywood. But Wang was "angrily rebuked and had his ears boxed".

Days later, Bo stripped Wang of his post as Chongqing police chief, and Wang, fearing for his safety, fled to the U.S. consulate in Chengdu where he hid for more than 24 hours until Chinese officials coaxed him out.

In August, Gu was sentenced to a suspended death sentence, which effectively means life in prison.

The Chinese government has not said what will happen to Bo, who in March was sacked as party boss and in April suspended from the ruling Communist Party's Politburo, a powerful decision-making council with two dozen active members.

(Editing by Mark Bendeich and Nick Macfie)

Source: http://news.yahoo.com/chinese-jails-ex-police-chief-closes-disgraced-bo-012706111.html

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শুক্রবার, ২১ সেপ্টেম্বর, ২০১২

বৃহস্পতিবার, ২০ সেপ্টেম্বর, ২০১২

New cranial neural crest cell line developed

ScienceDaily (Sep. 19, 2012) ? Researchers have successfully developed a stable population of neural crest cells derived from mice that can be grown in large quantities in the laboratory and that demonstrates the potential to develop into many different cell types needed throughout the body.

This powerful new research tool for understanding stem cell biology and human development and disease is described in an article published in Stem Cells and Development.

Mamoru Ishii and colleagues from University of Southern California, Los Angeles, and California Institute of Technology, Pasadena, CA, present their work leading to the development of two neural crest cell lines with stem cell characteristics in the article "A Stable Cranial Neural Crest Cell Line from Mouse." The 09-1 cell line is capable of differentiating into four main cell types: bone, muscle, brain, and cartilage/connective tissue.

"This exciting report is the first to characterize cranial neural crest cell lines isolated from the mouse embryo, which definitively demonstrate multipotency and long-term propagation," says Editor-in-Chief Graham C. Parker, PhD, research professor, Carman and Ann Adams Department of Pediatrics, Wayne State University School of Medicine.

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Story Source:

The above story is reprinted from materials provided by Mary Ann Liebert, Inc./Genetic Engineering News, via EurekAlert!, a service of AAAS.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. Mamoru Ishii, Athena C Arias, Liqiong Liu, Yi-Bu Chen, Marianne Bronner, Robert E Maxson. A Stable Cranial Neural Crest Cell Line from Mouse. Stem Cells and Development, 2012; : 120813192836009 DOI: 10.1089/scd.2012.0155

Note: If no author is given, the source is cited instead.

Disclaimer: This article is not intended to provide medical advice, diagnosis or treatment. Views expressed here do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/~3/-p45jox1gcA/120919142146.htm

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Biotech summit focuses on global food solutions

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Video: Apple Smashes Another Milestone

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Source: http://video.msnbc.msn.com/cnbc/49073310/

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মঙ্গলবার, ১৮ সেপ্টেম্বর, ২০১২

Introducing TechCrunch?s Team Europe ? Building Out Internationally From Here

TechCrunch EuropeIt's been a fascinating road since I joined TechCrunch in September 2007 to build out TechCrunch's European arm. Five years on to the week, I'm today sitting at the still-fresh Campus London venue where hundreds of startup people pass through every week. We've come a long way. Five years ago you would have found me sitting in some East London coffee shop which had barely just installed Wifi. Five years ago the tech startup scene in Europe was -- at least for a journalist -- a little like a chicken scratching around in the dirt looking for a rare grass seed. Today, there are startup hubs, co-working spaces, accelerators, and a growing number of VCs (old and new) in Europe. Yes, the eco-system is still growing, it's still fractured by language and geography (although low-budget airlines are helping solve that). And these days I can hit a European conference and run into great people I already know as well as a veritable tsunami of new faces, every time. And not just European: I'm including our cousins in the Middle East and Africa in this as well. It's been fun. Maybe we should have a birthday party or something? But in any case, it's time to re-introduce ourselves to you. And by that I mean the team we've built out in London, and which will be roaming internationally from here. We cover big U.S. stories with a fresh eye, even as our colleagues there hit the sack. And at the same time we're building out TC's international coverage from a time-zone better suited to this side of the planet. As we say at TechCrunch: "Sharks never sleep and neither does TC." So without any further ado, in alphabetical order, I give you the team:

Source: http://feedproxy.google.com/~r/Techcrunch/~3/1eKstqRlAv0/

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Cyber clues link U.S. to new computer viruses

BOSTON (Reuters) - Researchers have found evidence suggesting that the United States may have developed three previously unknown computer viruses for use in espionage operations or cyber warfare.

The findings are likely to bolster a growing view that the U.S. government is using cyber technology more widely than previously believed to further its interests in the Middle East. The United States has already been linked to the Stuxnet Trojan that attacked Iran's nuclear program in 2010 and the sophisticated Flame cyber surveillance tool that was uncovered in May.

Anti-virus software makers Symantec Corp of the United States and Kaspersky Lab of Russia disclosed on Monday that they have found evidence that Flame's operators may have also worked with three other viruses that have yet to be discovered.

The two security firms, which conducted their analyses separately, declined to comment on who was behind Flame. But current and former Western national security officials have told Reuters that the United States played a role in creating Flame. The Washington Post has reported that Israel was also involved.

Current and former U.S. government sources also told Reuters that the United States was behind Stuxnet. Kaspersky and Symantec linked Stuxnet to Flame in June, saying that part of the Flame program is nearly identical to code found in a 2009 version of Stuxnet.

For now, the two firms know very little about the newly identified viruses, except that one of them is currently deployed in the Middle East. They are not sure what the malicious software was designed to do. "It could be anything," said Costin Raiu, director of Kaspersky Lab's Global Research and Analysis Team.

NEWSFORYOU

Kaspersky and Symantec released their findings in reports describing analysis of "command and control" servers used to communicate with and control computers infected with Flame.

Researchers from both firms said the Flame operation was managed using a piece of software named "Newsforyou" that was built by a team of four software developers starting in 2006.

It was designed to look like a common program for managing content on websites, which was likely done in a bid to disguise its real purpose from hosting providers or investigators so that the operation would not be compromised, Kaspersky said in its report.

Newsforyou handled four types of malicious software: Flame and programs code-named SP, SPE and IP, according to both firms. Neither firm has obtained samples of the other three pieces of malware.

Kaspersky Lab said it believes that SP, SPE and IP were espionage or sabotage tools separate from Flame. Symantec said it was not sure if they were simply variations of Flame or completely different pieces of software.

"We know that it is definitely out there. We just can't figure out a way to actually get our hands on it. We are trying," Symantec researcher Vikram Thakur said in an interview.

About a dozen computers in Iran and Lebanon that are infected with one of the newly identified pieces of malware are trying to communicate with command and control servers, according to Kaspersky Lab.

The researchers found a large cache of data on one of the command and control servers, but cannot analyze it because it is encrypted using a password that they said would be virtually impossible to crack.

They believe that it was encrypted so heavily because the people coordinating the attack did not want the workers using the Newsforyou program to be able to read potentially sensitive information.

"This approach to uploading packages and downloading data fits the profile of military and/or intelligence operations," Symantec said in its report.

(Editing by Eric Walsh)

Source: http://news.yahoo.com/cyber-clues-u-computer-viruses-130127756--finance.html

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RSS Feed Search Engine - Real-Time Search Powered by FeedRank

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Source: http://www.rssmicro.com/rss.web?q=Troops

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Sprint Guardian provides multiple ways to keep tabs - Cool Mom Tech

Sprint Guardian for familiesI shudder when I think about my kids running around as teenagers. I can only imagine the kind of technology that will be available to them and how they and their peers will be using it. I don't envision ever "tracking" my kids via GPS locator, but being that I'm years away from that stage of life, who knows if that will change.

Regardless of what your stance on tracking is, it's nice that mobile phone providers are implementing tools to help keep those lines of communication open between parents and their cell phone-toting kids.?

?

In particular, I like the idea of the mobile controls - being able to set time parameters on your child's mobile phone usage - and the driving controls. The Drive First function is great because it prevents dangerous driving while texting by automatically locking your teen's phone when it senses movement over 10 MPH and sending automatic messages to senders saying, "will be in touch later."?

The Sprint Family Locator lets you track your kids' whereabouts and also set boundaries to get alert when they leave those areas, similar to AT&T FamilyMap which we covered earlier this summer. If you have a teen or two in your household with mobile phones, it's worth looking into your particular network to see what kinds of family tech offerings they provide. If you're a Sprint user, the Sprint Guardian package might be a great investment for some peace of mind.?-Jeana?

Sprint Guardian costs $9.99 per month and can be used on up to 5 lines on a family plan.

Find More: Apps apps and more apps, Apps for Android, Parents' Lifesavers, Tweens + Big Kids

Source: http://www.coolmomtech.com/2012/09/sprint_guardian_family_mobile_safety_tools.php

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সোমবার, ১৭ সেপ্টেম্বর, ২০১২

Hezbollah urges protests against anti-Islam film

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Pope makes peace appeal at open-air Mass in Beirut

BEIRUT (AP) ? Pope Benedict XVI made a sweeping appeal Sunday for peace in Syria and the Middle East, decrying the violence "which generates so much suffering."

Speaking at an open-air Mass before a huge crowd, he urged the international community and Arab countries in particular to find a solution to end the conflict in neighboring Syria.

"Why so much horror? Why so many dead," Benedict said, lamenting that "the first victims are women and children."

With pilgrims from across the Middle East in the crowd he said Christians must do their part to end the "grim trail of death and destruction" in the region.

"I appeal to you all to be peacemakers," Benedict said.

Benedict spoke from an altar built on land reclaimed with debris from Lebanon's 1975-1990 civil war, pressing ahead with his call for peace and reconciliation between Christians and Muslims.

The Rev. Federico Lombardi, a Vatican spokesman, said local organizers put the crowd at some 350,000 people.

Benedict said that justice and peace are needed in building "a fraternal society, for building fellowship."

The 85-year pope, wearing green vestments, appeared to be holding up well in the Mediterranean heat.

Helicopters flew overhead and soldiers set up roadblocks and patrolled streets in downtown Beirut.

The crowd cheered and waved tiny Vatican and Lebanese flags as Benedict arrived in his bullet-proof popemobile at the Mass site on the Beirut waterfront.

Benedict has been appealing for tolerance and religious freedom.

The papal visit comes amid soaring sectarian tensions in the region, exacerbated by the conflict in Syria, which is in the throes of an 18-month-old civil war. At a meeting with young people Saturday evening, the pope said he admired the courage of Syrian youth and that he did not forget their suffering.

Representatives from Lebanon's many mostly religious groups attended.

Patriarch Bechara al-Rai, head of the Maronite Catholic Church, told the pope shortly before the Mass started, "Your visit is a safety valve at a time when Christians feel the instability and are faithfully resisting to confirm they are deep-rooted in this land despite the major challenges."

Many Christians in the Middle East are uneasy at the Arab Spring, which has led to the strengthening of Islamist groups in most countries that have experienced uprisings.

Nawaf al-Moussawi, a representative of the Shiite Islamist militant group Hezbollah who attended the mass, told Lebanon's leading LBC TV: "Our message is that we want to work together for a Middle East and a region where religions and sects live on the basis of justice that lead to peace.

"What we complain about in the region today is that we are suffering from the injustice of colonial policies," al-Moussawi added in an apparent reference to U.S. policies. "We only see its fleets." Hezbollah is allied with Syria, which blames an alleged Western and Arab conspiracy for its woes.

The U.S. considers Hezbollah a terrorist organization. Spokesman Lombardi declined to say what the Vatican's position is on the group.

Source: http://news.yahoo.com/pope-makes-peace-appeal-open-air-mass-beirut-081130318.html

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Marin Katusa & Doug Casey on Investing, Partnering w/ the Right ...

Dan,

Let?s suppose for the sake of argument that owning high quality companies, mining stocks in particular, is not a bad investment thesis, and that such an approach IS part of a reasonable overall wealth diversification strategy. Here?s my question: Despite the paper risks associated with owning paper shares (Wall Street corruption, stock settlement issues, etc **Get the shares is YOUR name**), for those who want some exposure to the mining sector and ALSO want to hold some physical metals ? what percentage of an overall stocks to bullion allocation would you recommend? I?m at 70/30? 70% physical, 30% stocks.

Full disclosure: I own some PSLV, NGD, Great Panther Silver and a few others. I own NO Brazil Resources.

Source: http://sgtreport.com/2012/09/marin-katusa-doug-casey-on-investing-partnering-w-the-right-people-the-1-in-3000/

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রবিবার, ১৬ সেপ্টেম্বর, ২০১২

Beyond Structured Settlements: ELNY Appeal - Injunction 1

As reported earlier by S2KM, attorney Edward Stone filed a Notice of Appeal May 30, 2012 with the Appellate Division of the Supreme Court of the State of New York, Second Department, on behalf of 18 Executive Life of New York (ELNY) structured settlement shortfall payees, as Objectors and Appellants, challenging the Order of Liquidation and Approval of the ELNY Restructuring Agreement approved by Judge John M. Galasso on April 16, 2012.

The Superintendent of the New York State Department of Financial Services (Superintendent), as ELNY Receiver and Respondent, and attorney Stone, on behalf of Appellant/Objector ELNY shortfall payees, subsequently and jointly agreed to and requested calendar preference and an accelerated briefing schedule for this Appeal.

Status of Appeal:

  • The Appellant/Objectors' served and filed their brief and the record on appeal on Friday, August 17, 2012. For S2KM's summary, see: ELNY Appeal - Objectors' Brief.
  • The Superintendent/Respondent served and filed its brief on Friday, September 7 ,2012. In addition, the National Association of Life and Health Guaranty Associations (NOLHGA) also served and filed a supporting brief the same day.
  • Appellant/Objectors are expected to serve and file a reply brief on Friday September 14, 2012.
  • The Appellate Court is expected to schedule oral argument "as soon as practicable".

Copies of all briefs filed to date in the ELNY appeal will be posted on the structured settlement wiki.

In prior blog posts, S2KM:

This blog post summarizes the Appellant/Objectors' allegations that no statutory or common law basis existed for Judge John Galasso's "extraordinarily broad grant of injunctive relief" to protect the Superintendent and his agents, including the New York Liquidation Bureau (NYLB).

The objecting structured settlement shortfall payees have requested the Appellate Court to reverse the following sentence contained in the ELNY liquidation order:

"All persons are enjoined and restrained from commencing or further prosecuting any actions at law or other proceedings against ELNY or its assets, the Receiver or the New York Liquidation Bureau, or their present or former employees, attorneys, or agents, with respect to this proceeding or the discharge of their duties under Insurance Law Article 74.

To support their objection and request, the Appellant/Objectors maintain:

  • The liquidation court lacked subject matter jurisdiction to enter an injunction unrelated to the collection or disposition of ELNY assets.
  • The injunction is not authorized by Article 74 of the New York Insurance Law.
  • The injunction is not supportable on any non-statutory basis.

Subject matter jurisdiction

  • Subject matter jurisdiction is ?the authority of the courts to adjudicate classes of cases.?
  • Subject matter jurisdiction may be limited by statute (e.g. Article 74 of the New York Insurance Law).
  • A court cannot entertain actions in which it lacks subject matter jurisdiction.
  • In this case, the New York Supreme Court had before it the ELNY estate ? and only the ELNY estate.
  • Under Article 74, subject matter jurisdiction in a liquidation proceeding is limited to the collection and disposition of the insurer?s assets.
  • As a liquidation court, the New York Supreme Court does not have jurisdiction to prospectively adjudicate claims or issue orders not involving the estate?s assets.
  • During the ELNY liquidation hearing, the Superintendent incorrectly suggested that all claims against him and/or against his agents, regardless of capacity, constituted claims against the estate.
  • Injunctions granted to the Superintendent as regulator, however, do not apply to his role as Receiver where he stands in the shoes of management and should be subject to the same standard of care and responsibility.
  • Claims against the Superintendent and/or his agents acting in their personal capacities as ELNY's Receiver, therefore, are not claims against the ELNY estate.
  • The Superintendent also argued that similar injunctions were included in interim orders during the rehabilitation proceeding.
  • However, the same rationale upon which the injunctive provision is void and unauthorized by law should also invalidate similar provisions in interlocutory orders.
  • Because Judge Galasso's injunctive protection for the Superintendent, as ELNY's Receiver, and for his agents, in their personal capacities extends beyond ELNY's assets in liquidation, it exceeds the New York Supreme Court?s subject matter jurisdiction and should be void.

Article 74

  • Unlike immunity, Article 74 of the New York Insurance Law contains a provision involving injunctions. However, it is inapplicable to the Receiver?s request.
  • The injunctive provision are concerned with enjoining actions against the assets of ELNY, not those of the Superintendent, as ELNY's Receiver.
  • Article 74 Subsection (a) limits injunctions to those which prohibit persons other than the Receiver ?from the transaction of its [the insurer?s] business or the waste or disposition of its [the insurer?s] property.?
  • Article 74 Subsection (b) permits injunctions as necessary to prevent ?waste of the assets of the insurer, or the commencement or prosecution of any actions . . . against the insurer, its assets or any part thereof.?
  • An action against the Receiver in his personal capacity is not the same as an action against the insurer or the insurer?s assets.
  • Barring all claims against the Receiver is inconsistent with Article 74?s express purpose of protecting policyholders.
  • A Receiver is judicially immune from liability if he acts in good faith and with appropriate care and prudence.
  • Therefore, the only actions that are effectively enjoined by Judge Galasso's liquidation order are those where the Superintendent, as ELNY's Receiver, breached fiduciary or other duties.
  • As a result, Judge Galasso's broad injunction is unsupported by, and inconsistent with, New York Insurance Law.

Non-Statutory Basis

  • The Superintendent did not present any evidence that his property rights would be irreparably harmed absent the injunction.
  • Instead, without evidence or argument, the Superintendent simply asked for unlimited injunctive relief, and Judge Galasso granted the request.
  • As argued above, a lawsuit against the Superintendent in his personal capacity is not the same as a claim against ELNY or its assets.
  • Even if the Superintendent might be inconvenienced by claims against him in his personal capacity, mere annoyance and litigation expense, even substantial and unrecoverable cost, does not constitute "irreparable injury? sufficient to authorize an injunction.
  • The Superintendent also argued that interlocutory orders issued in 1991 and 1992 as part of ELNY's rehabilitation proceeding contained similar language.
  • Those injunctions, however, were by definition temporary, not permanent.
  • Any past bar to the filing of claims by ELNY shortfall payees is immaterial where such claims did not accrue until Judge Galasso's liquidation order resulted in a loss of benefits
  • Regardless, prior injunctive provisions possess the same jurisdictional and statutory defects as the injunctive provision in the ELNY liquidation order.

For S2KM's complete and ELNY reporting, see the structured settlement wiki.

Source: http://s2kmblog.typepad.com/rethinking_structured_set/2012/09/elny-appeal-injunction-1.html

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শনিবার, ১৫ সেপ্টেম্বর, ২০১২

Al-Qaida calls for more attacks on embassies

CAIRO (AP) ? Al-Qaida's most active branch in the Middle East called for more attacks on U.S. embassies Saturday to "set the fires blazing," seeking to co-opt outrage over an anti-Muslim film even as the wave of protests that swept 20 countries this week eased.

Senior Muslim religious authorities issued their strongest pleas yet against resorting to violence, trying to defuse Muslim anger over the film a day after new attacks on U.S. and Western embassies that left at least eight protesters dead.

The top cleric in U.S. ally Saudi Arabia denounced the film but said it can't really hurt Islam, a contrast to protesters' frequently heard cries that the movie amounts to a humiliating attack that requires retaliation. He urged Muslims not to be "dragged by anger" into violence. The head of the Sunni Muslim world's pre-eminent religious institution, Egypt's Al-Azhar, backed peaceful protests but said Muslims should counter the movie by reviving Islam's moderate ideas.

In the Egyptian capital Cairo, where the first protests against the movie that denigrates the Prophet Muhammad erupted, police finally succeeded in clearing away protesters who had been clashing with security forces for days near the U.S. Embassy. Police arrested 220 people and a concrete wall was erected across the road leading to the embassy.

No significant protests were reported in the Mideast Saturday; the only report of violence linked to the film came from Australia, where riot police clashed with about 200 protesters at the U.S. Consulate in Sydney.

In his weekly radio and Internet address, President Barack Obama paid tribute to the four Americans, including Ambassador Chris Stevens, who were killed in an armed attack on the U.S. Consulate in the eastern Libyan city on Benghazi this week. He also denounced the anti-U.S. mob protests that followed.

"I have made it clear that the United States has a profound respect for people of all faiths. We stand for religious freedom. And we reject the denigration of religion ? including Islam," Obama said.

"Yet there is never any justification for violence. There is no religion that condones the targeting of innocent men and women."

In Afghanistan, the Taliban claimed responsibility for an attack the night before by 20 insurgents on a sprawling British based in southern Afghanistan that killed two U.S. Marines. The Taliban said the attack was to avenge Muslims insulted by the film. It also said the attack came because Britain's Prince Harry is serving at the base, though British officials said he was far from the site of the attack and was unharmed.

Friday's demonstrations spread to more than 20 countries in the Middle East, Africa and Southeast Asia. While most were peaceful, marches in several places exploded into violence.

In Sudan, crowds torched part of the German Embassy and tried to storm the American Embassy. Protesters climbed the walls into the U.S. Embassy in Tunis, torching cars in the parking lot, trashing the entrance building and setting fire to a gym and a neighboring American school.

Four demonstrators were killed in Tunisia, two in Sudan, one in Lebanon and one in Egypt ? the first Egyptian protester to die in clashes with police since Islamist President Mohammed Morsi took up his post this summer. On Thursday, four Yemeni protesters were killed in protests that turned violent at the U.S. Embassy in Sanaa.

The Yemen-based al-Qaida in the Arabian Peninsula, considered the most dangerous of the terror network's branches to the U.S., called the killing of Stevens "the best example" for those attacking embassies to follow.

"What has happened is a great event, and these efforts should come together in one goal, which is to expel the embassies of America from the lands of the Muslims," the group said. It called on protests to continue in Muslim nations "to set the fires blazing at these embassies."

It also called on "our Muslim brothers in Western nations to fulfill their duties in supporting God's prophet ... because they are the most capable of reaching them and vexing them."

The U.S called the Yemen al-Qaida branch the most dangerous threat after it plotted a series of attempted attacks , including the Christmas 2009 failed bombing of a passenger jet. It has suffered a series of blows since, including the recent killing in a drone strike of its number two-leader, Saeed al-Shihri. Yemen's U.S.-backed government has been waging an offensive against the group, taking back territory and cities in the south that the group's fighters seized last year.

So far, there has been no evidence of a direct role by al-Qaida in the protests.

U.S. and Libyan officials are investigating whether the protests were a cover for militants, possibly al-Qaida sympathizers, to carry out a coordinated attack on the U.S. Consulate in Benghazi and kill Americans. Washington has deployed FBI investigators to try and track down militants behind the attack.

The United States sent an elite, 50-member Marine unit to Yemen's capital to bolster security at the embassy there, which protesters broke into on Thursday and then tried again to assault Friday. A similar team was dispatched to Tripoli, Libya, on Wednesday after the deadly attack the night before on the Benghazi consulate.

But the Sudanese government said Saturday it had refused to allow a similar Marine deployment to the embassy in Khartoum. Sudanese Foreign Minister Ali Karti declined the request, saying Sudan is capable of protecting diplomatic missions, the state news agency said.

State Department spokeswoman Victoria Nuland said Sudan's government "has recommitted itself both publicly and privately to continue to protect our mission." She said the U.S. has requested additional security precautions.

Later in the day, the State Department issued a travel warning for Sudan and Tunisia, ordering home non-essential personnel and family members of staff at posts in both countries over security concerns.

The department added that while Sudan's government has taken steps to limit the activities of terrorist groups, some remain there and have threatened to attack Western interests. The terrorist threat level remains critical, it said.

Elsewhere in the region, security was increased Saturday at several spots that had been targeted.

Police in Lebanon beefed up their presence around U.S. fast food restaurants Saturday, after angry crowds Friday set fire to a KFC and a Hardee's restaurant in the port city of Tripoli. In Tunisia, the U.S. Embassy compound and school were surrounded by police and army vehicles Saturday.

The protests were sparked by an obscure, amateurish movie called "Innocence of Muslims" that depicts Muhammad as a fraud, a womanizer and a pedophile. A 14-minute "trailer" for the movie, dubbed into Arabic, was posted on YouTube.

The top religious authority in Saudi Arabia, Grand Mufti Sheik Abdel-Aziz al-Sheik, condemned the movie on Saturday but said it "will not harm" Islam or Muhammad.

"Muslims should not be dragged by wrath and anger to shift from legitimate to forbidden actions. By this, they will unknowingly fulfill some aims of the film," he said.

The head of al-Azhar, Sheik Ahmed al-Tayeb, called on the United Nations to take a stand against hate speech, pointing out that the world body has done so in defense of Jewish people.

He said that while defending the Prophet Muhammad is a duty for all Muslims ? it should be "not only through peaceful protests ... but also through reviving his teachings in all walks of life and spreading his moderate ideas."

In the U.S., the man behind the movie was questioned at a California sheriff's station early Saturday by federal probation officers investigating whether he had violated terms of his five-year probation. Nakoula Basseley Nakoula wasn't arrested or detained.

Federal authorities have identified Nakoula, a self-described Coptic Christian, as the key figure behind the film. A federal law enforcement official told The Associated Press on Thursday that authorities had connected Nakoula to a man using the pseudonym of Sam Bacile, who claimed earlier to be writer and director of the film.

Nakoula was convicted of bank fraud in 2010 and is banned from using the computers and the Internet as part of his sentence.

____

Contributing to this report were Sarah El-Deeb in Cairo, Bouazza ben Bouazza in Tunisia and Jim Kuhnhenn in Washington.

Source: http://news.yahoo.com/al-qaida-calls-more-attacks-embassies-135448089.html

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শুক্রবার, ১৪ সেপ্টেম্বর, ২০১২

Death Valley takes top spot on the hot list

Gabriel Bouys / AFP-Getty Images

California's Death Valley is known for its heat, and now it will be known as home to the hottest place on Earth.

By Miguel Llanos, NBC News

Nearly a century after the fact, California's Death Valley on Thursday was recognized as having posted the hottest temperature on Earth ??replacing Libya, which experts now say was a case of overcooked data.

A reading of 136.4 degrees Fahrenheit had been claimed at a Libyan outpost on Sept. 13, 1922. That stood as the record until Thursday's announcement by the World Meteorological Organization (WMO) that a panel of experts had concluded otherwise.

As a result, the WMO now recognizes 134 degrees F (56.7 degrees Celsius) as the highest surface temperature ever recorded. The measurement came from Death Valley, Calif., on July 10, 1913.

In a study published Thursday, the experts said they had "identified five major concerns" with the Libya data, starting with "potentially problematic instrumentation" ? in other words, an unreliable thermometer.?


"Several experts informed the committee that this type of thermometer was more frequently used in private households rather than as official recording instruments," the group reported.

The "Bellani-Six thermometer" was already obsolete at the time and had a pointer that could easily be misread, introducing an error of as much as 12.6 degrees Fahrenheit, they noted.?

Other concerns included a?likely "inexperienced observer" who repeatedly entered temperatures on the wrong side of the log.

The reading was probably also taken at "an observation site over an asphalt-like material which was not representative of the native desert soil," the WMO said in a statement.

The new record does raise an obvious question: Was the Death Valley data any more reliable?

"That record was investigated pretty thoroughly by Dr. Arnold Court, a meteorology professor from California, back in the 1940s and determined to be valid,"?Randy Cerveny, an Arizona State University professor who was on the Libya committee, told NBC News.

Aug. 7, 2006: KSL-TV's John Hollenhorst introduces us to a man who lives in a very remote area of Death Valley.

Court determined the reading was "taken with good instruments by a trained weather observer," Cerveny added. "At this time, unless new evidence comes out, we will accept the record."

In a statement released by the university,?Cerveny said the Libya investigation required "significant sleuthing and a lot of forensic records work."?

But it came naturally, he said, noting that "in the heart of every meteorologist and climatologist?beats the soul of a detective."

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Source: http://usnews.nbcnews.com/_news/2012/09/13/13845024-death-valley-recognized-with-posting-worlds-hottest-temperature-99-years-later?lite

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Obama vows to "bring to justice" ambassador's killers

WASHINGTON/BENGHAZI, Libya (Reuters) - President Barack Obama vowed on Wednesday to "bring to justice" the Islamist gunmen responsible for a ferocious assault that killed the U.S. ambassador to Libya and three other Americans - an attack that may have been organized in advance.

Ambassador Christopher Stevens and the other Americans died after the gunmen attacked the lightly fortified U.S. consulate and a safe house refuge in Benghazi on Tuesday night. The attackers were part of a mob blaming America for a film they said insulted the Prophet Mohammad.

Obama said he had ordered an increase in security at U.S. diplomatic posts around the globe following the assault.

The U.S. consulate was overrun and torched in a military-style assault, the ambassador left lost and dying alone in the smoke while rescuers ran into a deadly ambush as they sought to save survivors. The attackers used guns, mortars and grenades. U.S. and Libyan officials said the attack may have been planned in advance.

The violence in the eastern city, a cradle of Libya's U.S.-backed uprising against Muammar Gaddafi last year, came on the 11th anniversary of al Qaeda's attacks on the United States on September 11, 2001. Another assault was mounted on the U.S. embassy in Cairo on Tuesday in which protesters, who included Islamists and teenage soccer fans, tore down and burned a U.S. flag.

In Cairo, security forces late on Wednesday fired tear gas to disperse more stone-throwing demonstrators near the embassy. Live TV showed hundreds of demonstrators at the U.S. embassy.

Stevens, a 52-year-old California-born diplomat who spent a career operating in perilous places, became the first American ambassador killed in an attack since Adolph Dubs, the U.S. envoy to Afghanistan, died in a 1979 kidnapping attempt.

A Libyan doctor pronounced him dead of smoke inhalation. U.S. information technology specialist Sean Smith and two other Americans who have not yet been identified also were killed.

Among the assailants, Libyans identified units of a heavily armed local Islamist group, Ansar al-Sharia, which sympathizes with al Qaeda and derides Libya's U.S.-backed bid for democracy.

U.S. government officials said the Benghazi attack may have been planned in advance, also adding that there were indications that Ansar al-Sharia - which translates as Supporters of Islamic Law - may have been involved.

They said some reporting from the region suggested that members of al Qaeda's north Africa-based affiliate, known as Al Qaeda in the Islamic Maghreb, may have been involved.

"It bears the hallmarks of an organized attack," one U.S. official said. However, some U.S. officials cautioned against assuming that the attacks were deliberately organized to coincide with the September 11 anniversary.

Security personnel were separated from Stevens during the attack, U.S. officials said, describing a chaotic scene of smoke, gunfire and confusion.

A U.S. official said Washington had ordered the evacuation of all U.S. personnel from Benghazi to Tripoli and was reducing staffing in the capital to emergency levels.

The U.S. military is moving two Navy destroyers toward the Libyan coast, giving the Obama administration flexibility for any future action against Libyan targets, according to a U.S. official. The military also is dispatching a Marine Corps anti-terrorist security team to boost security in Libya.

'SHOCKING ATTACK'

"The United States condemns in the strongest terms this outrageous and shocking attack," Obama said, while insisting it would not threaten relations with Libya's new government. "... And make no mistake, we will work with the Libyan government to bring to justice the killers who attacked our people."

Libyan leader Mohammed Magarief apologized to the United States over an attack.

The violence in Benghazi and Cairo threatened to spread to other Muslim countries. Police fired teargas at angry demonstrators outside the U.S. embassy in Tunisia and several hundred people gathered in front of the U.S. embassy in Sudan. In Morocco, a few dozen protesters burned American flags and chanted slogans near the U.S. consulate in Casablanca.

The attacks could alter U.S. attitudes towards the wave of revolutions across the Arab world that toppled secularist authoritarian leaders in Egypt, Libya and Tunisia and brought Islamists to power.

The violence also could have an impact on the closely contested U.S. presidential race ahead of the November 6 election.

Republican Mitt Romney, Obama's challenger, criticized the president's response to the crisis. He said the timing of a statement from the U.S. embassy in Cairo denouncing "efforts by misguided individuals to hurt the religious feelings of Muslims" made Obama look weak as protesters were attacking U.S. missions.

Romney said it was "disgraceful" to be seen to be apologizing for American values of free speech. Obama's campaign accused Romney of trying to score political points at a time of national tragedy. Obama said Romney has a tendency "to shoot first and aim later."

Western countries denounced the Benghazi killings and Russia expressed deep concern, saying the episode underscored the need for global cooperation to fight "the evil of terrorism."

The attack raised questions about the future U.S. diplomatic presence in Libya, relations between Washington and Tripoli, and the unstable security situation after Gaddafi's overthrow.

Libyan Deputy Interior Minister Wanis al-Sharif said Stevens and another diplomat died as a result of the consulate attack, while the other Americans died in what a Libyan military officer called an intense and highly accurate mortar attack on the safe house.

Ziad Abu Zaid, the duty doctor in the emergency room at Benghazi Medical Centre on Tuesday, said he had treated Stevens.

"He came in a state of cardiac arrest. I performed CPR for 45 minutes, but he died of asphyxiation due to smoke inhalation."

U.S. officials said Stevens, Smith and one security officer were trapped under fire in the burning consulate building.

The security officer made it outside and returned with help to search for the diplomats, officials said. The searchers found Smith, who was already dead, but were unable to find Stevens amid repeated exchanges of gunfire between Libyan security forces and the attackers over the next several hours.

"At some point in all of this ... we believe that Ambassador Stevens got out of the building and was taken to a hospital in Benghazi. We do not have any information on what his condition was at that time," a senior U.S. official said.

Stevens' body was later returned to U.S. custody at Benghazi airport, the official said. Images of Stevens, purportedly taken after he died, circulated on the Internet. One showed him being carried, with a white shirt pulled up and a cut on his forehead.

Two more Americans died when a squad of U.S. troops sent by helicopter from Tripoli to rescue the diplomats from the safe house came under mortar attack, said Captain Fathi al-Obeidi, commander of a Libyan special operations unit ordered to meet the Americans.

"It was supposed to be a secret place and we were surprised the armed groups knew about it," Sharif said of the safe house.

Witnesses said the mob at the consulate included tribesmen, militia and other gunmen. Hamam, a 17-year-old who took part in the attack, said Ansar al-Sharia cars arrived at the start of the protest but left once fighting started.

"The protesters were running around the compound just looking for Americans, they just wanted to find an American so they could catch one," he said.

'WE STARTED SHOOTING AT THEM'

"We started shooting at them, and then some other people also threw hand-made bombs over the fences and started the fires in the buildings," he said.

"There was some Libyan security for the embassy outside but when the hand-made bombs went off they ran off and left."

Hamam said he saw an American die in front of him in the mayhem that ensued. He said the body was covered in ash.

Clips of the "Innocence of Muslims," the film that stirred the deadly attacks, had been circulating on the Internet for weeks before protests erupted. They show an amateurish production portraying the Prophet Mohammad as a womanizer, a homosexual and a child abuser.

For many Muslims, any depiction of the Prophet is blasphemous and caricatures or other characterizations have in the past provoked protests all over the Muslim world.

U.S. media said the film was produced by an Israeli-American property developer. Internet links indicated it was by Sam Bacile, a name that could have Egyptian origins. But Reuters could not independently confirm his responsibility for the film, or even that Bacile was his real name.

Egypt's Coptic Orthodox church issued a statement condemning some Copts - Egyptian Christians - living aboard who it said had financed "the production of a film insulting Prophet Mohammad," while a U.S.-based Egyptian Christian who said he promoted the film said he was sorry that U.S. diplomats had been killed.

Morris Sadek, speaking to Reuters by phone from the United States, said his objective was to highlight discrimination against Christians who make up about 10 percent of Egypt's 83 million people. He said Sam Bacile was the writer and director and described him as an "American."

Many Muslim states focused their condemnation on the film and will be concerned about preventing a repeat of the fallout seen after publication in a Danish newspaper of cartoons of the Prophet Mohammad. This touched off riots in the Middle East, Africa and Asia in 2006 in which at least 50 people died.

Afghan President Hamid Karzai called the making of the movie a "devilish act" but said he was certain those involved in its production were a very small minority.

The U.S. embassy in Kabul appealed to Afghan leaders for help in "maintaining calm" and Afghanistan shut down the YouTube site so Afghans would not be able to see the film.

General Martin Dempsey, the chairman of the U.S. military's Joint Chiefs of Staff, took the unusual step of telephoning a radical Florida Christian pastor, Terry Jones, and asking him to withdraw his support for the film. Earlier provocative acts by Jones, like publicly burning a Koran, had sparked Muslim unrest.

U.S. Secretary of State Hillary Clinton said the attack was the work of a "small and savage group."

U.S. ambassadors in such volatile countries as Libya have tight security, usually travelling in well-protected convoys. Diplomatic missions are normally protected by Marines or other special forces.

Abdel-Monem Al-Hurr, spokesman for Libya's Supreme Security Committee, said Libyan security forces came under heavy fire and "were not prepared for the intensity of the attack."

(Additional reporting by Samia Nakhoul in Beirut, Marie-Louise Gumuchian in Tripoli, Hadeel Al Shalchi in Tripoli, Sarah N. Lynch, Arshad Mohammed, Andrew Quinn, Matt Spetalnick, Steve Holland and Mark Hosenball in Washington, and Reuters reporters in Cairo and Benghazi; Writing by David Brunnstrom and Peter Millership; Editing by Will Dunham)

Source: http://news.yahoo.com/obama-vows-track-down-ambassadors-killers-tightens-security-001540810.html

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বৃহস্পতিবার, ১৩ সেপ্টেম্বর, ২০১২

Mathematical model may lead to safer chemotherapy

Wednesday, September 12, 2012

Cancer chemotherapy can be a life-saver, but it is fraught with severe side effects, among them an increased risk of infection. Until now, the major criterion for assessing this risk has been the blood cell count: if the number of white blood cells falls below a critical threshold, the risk of infection is thought to be high. A new model built by Weizmann Institute mathematicians in collaboration with physicians from the Meir Medical Center in Kfar Saba and from the Hoffmann-La Roche research center in Basel, Switzerland, suggests that for proper risk assessment, it is essential to evaluate not only the quantity of these blood cells, but also their quality, which varies from one person to another.

This research may represent an important step in the emerging field of personalized medicine, leading to a more individualized approach to chemotherapy. In particular, better precautions might need to be taken to prevent infection in high-risk patients whereas those at a low risk could be spared unnecessary preventive treatments.

The study, recently published in the Journal of Clinical Investigation, brought together the expertise of researchers from such diverse disciplines as applied mathematics, electrical engineering, oncology, immunology and pediatrics.

The new model reveals how the immune system functions under conditions of neutropenia ? dangerously low level of white blood cells, mainly neutrophils. In this condition, which often emerges after chemotherapy or bone marrow transplant, severe infections can develop if the immune system fails to perform the crucial function of devouring and destroying bacteria. "Our mathematical model has revealed previously unknown mechanisms responsible for the variability in the vulnerability of neutropenia patients to infections," says research leader Prof. Vered Rom-Kedar of the Weizmann Institute's Computer Science and Applied Mathematics Department.

The model suggests that in neutropenia, the tug of war between the blood cells and the bacteria cannot be explained away by the simple bacteria-to-cell ratio, nor by the threshold that the blood cell count must exceed. Rather, when neutrophil counts are low, the patient's immune system enters a fragile equilibrium ? described as "bistability" in mathematical terms ? which can easily be disrupted, with dramatic consequences, by even minute changes in bacterial concentration or neutrophil numbers. Other factors that can radically affect this equilibrium include the effectiveness of the neutrophil functioning and the permeability of tissues to bacteria, which can increase due to cancer therapy.

Thus according to the model, in healthy people, the fact that the effectiveness of neutrophils varies from one person to another usually has no significant consequences. In contrast, in patients with neutropenia, this individual variability can make a difference between life and death. This conclusion is drawn from the study based upon the blood analysis of four healthy volunteers. To use the model in the clinic, such analysis should be applied to large populations.

The model has already offered a plausible explanation for a number of medical mysteries. It helps explain, for example, why after chemotherapy, some cancer patients contract life-threatening infections even when in isolation under sterile conditions: If the neutrophils of these patients are "weak," even the smallest numbers of bacteria, for example, those present in the gut, can tilt the fragile immune balance in favor of the bacteria.

The study also explains why certain patients, following chemotherapy or a bone marrow transplant, may develop acute infections even if their neutrophil levels have returned to relatively normal levels. The chemotherapy lowers both neutrophil levels and function, making the tissues of these patients more penetrable to bacteria. The model suggests that as a result, in some patients the bacterial concentrations might increase so quickly that by the time the neutrophil counts rise back to "normal," the rapidly multiplying bacteria have already gained a head start, so that the neutrophil recovery is insufficient for overcoming the infection. This scenario may eventually also shed light on the rare cases in which acute bacterial infections develop in individuals with normal immunological function. The model suggests that in such cases, a high growth rate of unusually virulent bacteria could overcome the appropriate quantitative and qualitative neutrophil response.

Certain puzzling medical cases could be clarified thanks to the model. For example, a newborn baby treated at Meir Medical Center recovered from neutropenia even though his absolute neutrophil count (ANC) had fallen as low as 200 neutrophils per microliter of blood, whereas an adult whose ANC stood at 380 after chemotherapy died of infection. The model has suggested how such clinical parameters as the poor quality of the neutrophils might have lead to the death of the adult. In addition, the model could help doctors to understand the mechanism behind the development of severe recurrent infections in some patients. Of one thousand patients referred to Meir Medical Center because of such infections, diagnosis could be established in only one-third of the cases. Weizmann Institute's mathematical modeling suggests that at least some of the unresolved cases may have resulted from a combination of several mild defects, including variation in the function of neutrophils and other immune cells.

The study was performed by researchers with an unusual combination of backgrounds. Lead author, Weizmann Institute's mathematician Prof. Vered Rom-Kedar, specializes in the investigation of dynamic systems. The first author, Dr. Roy Malka, an electrical engineer who has become an applied mathematician, conducted this research as part of his Ph.D. studies at Weizmann; he is now conducting postdoctoral research on related subjects at Harvard Medical School. The idea for the project was first proposed by Dr. Eliezer Shochat, a senior oncologist who also has a Ph.D. in applied mathematics from Weizmann and now works in a research group at Hoffman-La Roche in Basel, Switzerland. The study was performed in collaboration with the Meir Medical Center team: Prof. Baruch Wolach, M.D., Head of the Laboratory for Leukocyte Function and of the Chair of Pediatric Immunology at Tel Aviv University's Sackler Faculty of Medicine, and laboratory manager Ronit Gavrieli, M.Sc., who performed the experiments.

Says Prof. Wolach: "Our study suggests that to achieve optimal results in applying chemotherapy, and/or in patients with innate neutrophil dysfunction, it is of value to assess the patient's neutrophils periodically, as well as the bacterial concentration. Such assessments will help reduce the morbidity and the mortality, as well as the cost, associated with unnecessary hospitalizations and the administration of expensive medications. Moreover, by cutting down on the use of antibiotics, these assessments can help in preventing the rise in antibiotic resistance."

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Weizmann Institute of Science: http://www.weizmann.ac.il

Thanks to Weizmann Institute of Science for this article.

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