রবিবার, ৩০ জুন, ২০১৩

Bulger lawyers focus on battling informant label

BOSTON (AP) ? James "Whitey" Bulger is charged with a litany of crimes ? including participating in 19 murders ? during what prosecutors describe as a decadeslong reign of "murder and mayhem."

But Bulger's lawyers have spent much of their energy defending their client against something he doesn't face criminal charges for: being a longtime FBI informant.

The defense has vehemently denied the prosecution's claim that Bulger was an informant, going so far as to say his Irish heritage would prohibit such a thing.

They've also spent hours trying to discredit a 700-page FBI file that prosecutors say shows Bulger ratted on everyone from mobsters in the Italian Mafia to members of his own gang.

The defense strategy may be coming from Bulger himself.

In "Whitey Bulger: America's Most Wanted Gangster and the Manhunt That Brought him to Justice," a book published this year, Boston Globe reporters Shelley Murphy and Kevin Cullen include excerpts from letters Bulger wrote to a friend from jail saying he wants to show the world that he did not kill women and he was not a rat.

"I never put one person in prison in my life," he wrote in one of his letters.

During his opening statement to the jury, Bulger's lead attorney, J.W. Carney Jr., referring to Bulger's Irish descent, said becoming an informant was "the worst thing an Irish person could consider doing" because of the history of The Troubles, a violent 30-year conflict in Ireland between Catholics and Protestants that left more than 3,600 people dead.

"James Bulger never ever ? the evidence will show ? was an informant," Carney said. Instead, he said, Bulger paid FBI agents to protect him from being prosecuted.

Another Bulger attorney, Hank Brennan, has focused on Bulger's informant file, suggesting it was fabricated by former FBI Agent John Connolly, who was convicted of racketeering and second-degree murder for leaking information to Bulger and his partner, Stephen "The Rifleman" Flemmi.

Brennan spent hours last week questioning former FBI Agent John Morris about reports from other FBI informants that appeared strikingly similar to reports on information Connolly attributed to Bulger. He suggested that Morris and Connolly said Bulger gave them the information to advance their own careers at a time when cultivating informants who could help bring down the Mafia was a national priority for the FBI.

But investigators who spent years trying to build a case against Bulger say there is overwhelming evidence that Bulger spent 15 years as an informant ? 1975 to 1990 ? providing the FBI with information on local Mafia leaders, drug dealers and even criminals in his own South Boston neighborhood.

"I think clearly his attorney has marching orders from the defendant. He's more obsessed with not being seen as an informant than as a mass killer, which is an absurdity," said Thomas Duffy, a retired state police major who investigated Bulger.

"It doesn't make any sense other than in his own mind. It just has to do with how he wants to be remembered."

Michael Kendall, a former federal prosecutor who investigated several of Bulger's associates, said it's not surprising that Bulger's trial strategy would focus on trying to deny his status as an informant.

"He's had a good run for 83 years, and he realizes he's not going to get out of prison. He's not going to win the trial in terms of a guilty or innocent verdict. So he'll try to win the trial in terms of settling scores or criticizing people he doesn't like or making semantic distinctions on his ratting out his friends to the government," Kendall said.

But others say the defense effort could be part of a larger strategy to highlight the unethical behavior of the FBI in the hope that the jury will be disgusted with the government and less likely to believe its case against Bulger.

"What they are doing is they are attacking the credibility of every single witness to show the breadth and the depth of the corruption within the FBI at the time he allegedly had a relationship with them," said Suffolk University Law School professor Christopher Dearborn.

Before the trial, Carney was asked if he believes his client can receive a fair trial in Boston, where Bulger's name and notorious reputation are so well known.

"Mr. Bulger believes that he will have a fair trial if he is able to present the whole truth concerning his relationship with the Department of Justice and FBI," Carney responded in an email to The Associated Press, "including that he was never an informant."

Source: http://news.yahoo.com/bulger-lawyers-focus-battling-informant-label-180519833.html

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Best Buy's own Android tablet will be $239 to $259: report

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Source: http://gadgetbox-discuss.nbcnews.com/_news/2013/06/29/19207994-best-buys-own-android-tablet-will-be-239-to-259-report

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Facebook removes ads from pages with offensive content

In move to appease marketers, Facebook will no longer show ads with offensive content.?

By Alexei Oreskovic,?Reuters / June 28, 2013

Advertising makes up 85 precent of revenue at Facebook, the world's largest social network with 1.1 billion users.

AP Photo/Paul Sakuma

Enlarge

Facebook said it will no longer allow ads to appear on pages with sexual or violent content, as the online social network moves to appease marketers being associated with objectionable material.

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The moves come a month after several businesses pulled their ads from Facebook?amid reports of pages on Facebook?that promoted violence against women.

Facebook?said at the time that it needed to improve its system for flagging and removing content that violated its community standards, which forbid users from posting content about hate-speech, threats and pornography, among other things.

Ads account for roughly 85 percent of revenue at Facebook, the world's largest social network with 1.1 billion users.?Facebook?said the changes would not have a meaningful impact on its business.

On Friday,?Facebook?said it also needed to do more to prevent situations in which ads are displayed alongside material that may not run afoul of its community standards but are deemed controversial nonetheless.

A?Facebook?page for a business that sells adult products, for example, will no longer feature ads. Previously such a page could feature ads along the right-hand side of the page so long as the page did not violate?Facebook's prohibition on depicting nudity.

The move underscores the delicate balance for social media companies, which features a variety of unpredictable and sometimes unsavory content shared by users, but which rely on advertising to underpin their business.

"Our goal is to both preserve the freedoms of sharing on Facebook?but also protect people and brands from certain types of content,"?Facebook?said in a post on its website on Friday.

Facebook?said on Friday that it would expand the scope of pages and groups on its website that should be ad-restricted and promised to remove ads from the flagged areas of the website by the end of the coming week.

Pages and groups that reference violence will also be off limits to ads, the company said. A Facebook?spokeswoman noted that the policy would not apply to the pages of news organizations on?Facebook.

Facebook?said the process of flagging objectionable pages and removing ads would initially be done manually, but that the company will build an automated system to do the job in the coming weeks.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/aiBJfRloELU/Facebook-removes-ads-from-pages-with-offensive-content

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Negotiate Rates With Your Limo Rental Provider - ArticleSnatch.com

Managing a limo rental service is regarded as a profitable move nowadays, and whether you may live in a large city or even a small town, you'd probably see them running on your road. Selecting which limousine rental service to go with is definitely an exciting, and sometimes demanding task.

While you might read many articles, which cover important topics such as the hourly rates, vehicle types and the overall quality of the limousine services, it should be simple enough for one to figure that information out on your own. The truth is, when you plan the date and time of your affair or special event, you should start working on the transport details.

This would be appropriate if you are planning an event during busy seasons like Christmas, New Year's Day, or at the arrival of the summer season. While you'll easily locate many limo rental services out there who ready to assist with your transportation needs, you'll first should get details and read through the fine print of the rental policy.

Compare Hourly Rates And Quality Of Service

In making certain you receive the very best value for the money, make a comparison of the various the rates offered by many limousine rental firms. Many limo rentals often outdo each other, as they offer competitive rates for various kinds of limousine services. It would be better understand the way the limousine rental providers package their costs and rates.

Some rentals would also charge rental by the hour, or charge you by the kilometer. Some will bill you by the type in addition to the make of the limousine vehicle. Reading the contract, and other stuff like the entire limousine rental package, would make you better informed, and allow you to select the suitable one.

It's also great to get a complete overview of the diverse packages offered, and inquire if a unique rental service offers clients extra freebies such as free spirits or food, free extra hours, or any special rebates for frequent use. In finding out the details, it will help customers choose the best rental service, particularly the ones which offer the most competitive rates and give the perfect service.

Read Industry Reviews And Learn How To Haggle

Usually, the tips noted for selecting the top limousine rental services are focused on the notion of getting others to do your work for you, and one of the top methods you can do so is to read business reviews, or comments that others have made. If the limousine rental service is popular or well known, then chances are someone has written a favorable review about this.

Read magazines and go online until you get a review from someone that has actually tried the service out. In addition, try visiting a future limousine rental provider. You likely won't need to actually visit each one of the companies which you have shortlisted, however at the same time a quick phone call to each company to support what you already know and learn what you still do not know would be a very practical thing to do.

Fill in all the gaps in your information about the diverse rental businesses and once you have a clear image, go and choose the service that satisfies you best interests, and the information you have will equip you with the tools needed for negotiating for the best, and most competitive limo rental rates.

Source: http://www.articlesnatch.com/Article/Negotiate-Rates-With-Your-Limo-Rental-Provider/5197656

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শনিবার, ২৯ জুন, ২০১৩

Market bomb, shooting kill 7 in Iraq

BAGHDAD (AP) ? Iraqi officials say a bomb has gone off in an outdoor market in west Baghdad, one of two attacks in Sunni-majority parts of the country that have left seven dead.

Police officials say that the blast Saturday morning in the capital's western suburb of Abu Ghraib killed four people and wounded 12 others.

Also, police said that attackers using guns fitted with silencers killed three off-duty policemen in a drive-by shooting near Fallujah, 65 kilometers (40 miles) west of Baghdad.

Health officials confirmed the casualties. All spoke anonymously because they were not allowed to brief reporters.

The new violence came a day after a series of deadly attacks that left 19 dead. Violence has been on the rise in Iraq recently amid political and sectarian tension.

Source: http://news.yahoo.com/market-bomb-shooting-kill-7-iraq-100738087.html

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Gay marriages resume in California after five-year hiatus

By Dan Levine

SAN FRANCISCO (Reuters) - Same-sex couples - some in shorts and jeans, some in their work clothes - rushed to be wed in California on Friday after a court abruptly ended the state's five-year ban on gay marriage in the wake of landmark rulings at the U.S. Supreme Court.

On a balcony overlooking the grand staircase at San Francisco City Hall, an ornate space that has long been a magnet for weddings, the couple whose case sparked this week's Supreme Court decision exchanged vows. The ceremony was officiated by state Attorney General Kamala Harris, and the ring bearer was the couple's 18-year-old son.

"This is the first day of the rest of our lives together, said Kristin Perry, who with her fianc?e, Sandy Stier, filed the lawsuit against Proposition 8, the ballot initiative that outlawed same-sex marriage in California in 2008.

Stier turned to the horde of reporters and well-wishers crowding the room, smiled and said: "Thank you so much for coming to our wedding."

At the city clerk's office, other couples waited for their marriage licenses. Two men - one in jeans and the other wearing a pair of shorts - exchanged vows after Stier and Perry.

Four hundred miles to the south, Paul Katami and Jeff Zarrillo, a second couple who were plaintiffs in the case, wed at City Hall in Los Angeles.

"You are just as in love today as you were when you met 12 years ago," Mayor Antonio Villaraigosa, who conducted the ceremony, told the two men, who wore suits with boutonnieres.

The California marriages capped a historic week for gay rights in the United States. On Wednesday, the Supreme Court issued two key rulings - one that extended federal benefits to married gay couples and another that allowed a federal court's order striking down the California marriage ban to stand.

TAKEN BY SURPRISE

On Friday, a panel of three federal appellate court judges responded by formally lifting an injunction against the marriages. That move took brides, grooms and public officials by surprise. They had expected the judges to wait for a more formal ruling from the Supreme Court due in about three weeks.

Within minutes, couples were descending upon San Francisco City Hall, and California Governor Jerry Brown had ordered county clerks throughout the state to issue marriage licenses to same-sex couples.

Cassie Coleman and Rosa Sanchez were at work when the ruling came down. They agreed via text message to meet at City Hall, and called their mothers to ask permission. They got some roses - red and pink.

"That was it," Sanchez said. "We just jumped in."

The impromptu weddings and the jubilant participation by public officials prompted angry responses from some opponents of gay marriage.

"This outrage tops off a chronic pattern of lawlessness, throughout this case, by judges and politicians hell-bent on thwarting the vote of the people to redefine marriage by any means, even outright corruption," said Andy Pugno, general counsel for the ProtectMarriage.com Coalition.

But he did not, however, actively threaten to fight on.

"It remains to be seen whether the fight can go on, but either way, it's a disgraceful day for California," he said.

John Eastman, a constitutional law professor at Chapman University who was a key backer of the ban, said the appellate court judges should have waited for a 25-day "reconsideration" period to elapse, in which opponents would have had one last chance to ask the Supreme Court to change its mind.

California briefly allowed gay marriages in 2008, before the ballot initiative was enacted. It now becomes the 13th state, and the largest, to allow same-sex marriage - just in time, advocates point out, for Gay Pride weekend.

"On my way to S.F. City Hall," tweeted Harris minutes after the injunction was lifted. "Let the wedding bells ring!"

(Additional reporting by Alex Dobuzinskis and Dana Feldman in Los Angeles, Tim Gaynor in Phoenix and Ronnie Cohen in San Francisco; writing by Sharon Bernstein; editing by Mary Milliken and Jackie Frank)

Source: http://news.yahoo.com/court-lifts-ban-gay-marriage-california-001242022.html

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In Africa, Obama lauds democracy but urges progress on gay rights

By Jeff Mason and Daniel Flynn

DAKAR (Reuters) - President Barack Obama, kicking off a long-awaited African tour, lauded a U.S. Supreme Court ruling on gay marriage as a victory for democracy and urged African nations to end discrimination against homosexuals.

In only his second visit to Africa since taking office, Obama hailed the advance of democracy there and said he was looking at ways to extend the AGOA free trade agreement, due to expire in 2015, to create more jobs on the world's poorest continent.

"I see this a moment of great promise for the continent," Obama told a news conference in Senegal's capital Dakar. "All too often the world overlooks the amazing progress that Africa is making, including progress in strengthening democracy."

Flanked by Senegal's President Macky Sall, Obama said the treatment of lesbians and gays in Africa remained "controversial". Homosexuality is illegal in Muslim Senegal.

The U.S. Supreme Court ruling on Wednesday, announced as Obama flew to Senegal aboard Air Force One, made married gay men and women eligible for federal benefits, striking down part of the 1996 Defense of Marriage Act.

"It was a victory for American democracy," Obama said. "At the root of who we are as a people, who we are as Americans, is the basic precept that we are all equal under the law."

However, the court fell short of a broader ruling endorsing a fundamental right of gay people to marry, meaning there will be no impact in the more than 30 states that do not recognize gay marriage.

Human rights group Amnesty International had urged Obama to use his African trip to speak out against threats to gays and lesbians, which it said were reaching dangerous levels on the continent.

Consensual same-sex conduct is a crime in 38 countries in sub-Saharan Africa, with some seeking to enact new laws that increase existing penalties, Amnesty said.

While voicing respect for the diversity of cultures and religions in Africa, Obama - the first African-American president of the United States - called for steps to make homosexuals equal before the law. He compared gay rights in Africa to racial struggles in the United States.

"When it comes to how the state treats people, how the law treats people, I believe that everybody has to be treated equally," Obama said, though he added he had not specifically discussed this with Sall.

SENEGAL "NOT HOMOPHOBIC"

Sall, who won office last year in West Africa's oldest democracy, said there was no persecution of gays in Senegal.

"We are not homophobic," he said "Senegal is a country that respects freedoms. Gays are not persecuted, but for now they must accept the choices of other Senegalese."

Obama was feted by flag-waving crowds on Dakar's streets. During his first term, Obama's only African trip was a one-day stopover in Ghana and many Africans have been impatient for him to make an extended tour of the continent.

Visiting Senegal's Supreme Court, Obama praised the independence of the former French colony's judiciary.

Senegal is pursuing a high-level corruption case against the son of former President Abdoulaye Wade on charges of embezzling up to $1.4 billion during his father's 12-year presidency.

It is also conducting a trial of Chad's ex-dictator Hissene Habre on charges of crimes against humanity - the first time a former leader of one African state has been tried by another.

"Trade and investment around the world increasingly flow to places where there are rules and courts play an important role in that," Obama said, praising Senegal's institutions.

Obama said he had instructed U.S. officials to finalize a new trade and investment pact with the West African regional bloc ECOWAS, which includes economic heavyweight Nigeria.

Washington is also looking to extend the African Growth and Opportunity Act (AGOA) when it expires in 2015. The deal, signed into law by former President Bill Clinton in 2000, slashes customs duties for African countries building free markets.

"I am looking for ways to renew it but also improve it so it can generate more jobs," Obama said.

(Additional reporting by Mark Felsenthal and Bate Felix; Writing by Daniel Flynn; Editing by Andrew Roche)

Source: http://news.yahoo.com/africa-obama-lauds-democracy-urges-progress-gay-rights-145556430.html

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শুক্রবার, ২৮ জুন, ২০১৩

Swell Launches A Personalized App For News Radio Listening

Swell_iPhone_pairSwell, a smartphone app launching today, is quickly becoming my favorite way to listen to spoken-word content. There are other apps focusing on that kind of content ? for example, when we wrote about Stitcher's growth last year, we said it was starting to sound like "the Pandora of talk radio." Stitcher, however, actually follows more of an on-demand model ? you choose what you want to listen to (although there are also content recommendations). Swell, on the other hand, is closer to the Pandora experience, where you just open the app, hit play, and interesting content should immediately start streaming.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/4141EHh6YYc/

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Auto loan rates in Birmingham, Alabama ? Bankrate, Inc.

You can currently pick up a 48-month new-car loan for an average of 4.03 percent. And that's great news if you're looking to finance a new vehicle. Our survey can help you find the lowest auto loan rates in Birmingham, AL, today.

One lender in our survey is currently offering 1.74 percent. In total, three lenders are offering rates below the national average. Just make sure to shop around thoroughly and compare fees and conditions before you decide on a lender. Our tools can help you compare auto loan rates in Birmingham, AL, and in other areas of Alabama, today.

Here are the auto loan rates in Birmingham, AL, as of 10:00 a.m. The 48-month new-car loan rates vary from 1.74 percent to 5.24 percent.

Use our auto loan calculator to check your monthly car payment.

Source: http://www.bankrate.com/financing/rates/auto-loan-rates-in-birmingham-alabama/

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'Pac-Man' as a first-person shooter is absolutely terrifying

Video games

June 24, 2013 at 5:19 PM ET

A new first-person version of the classic arcade game "Pac-Man" shows what it's like to step inside the yellow pellet-muncher's shoes, and the results are terrifying.

Kongregate

A new first-person version of the classic arcade game "Pac-Man" shows what it's like to step inside the yellow pellet-muncher's shoes, and the results are terrifying.

Ever wonder what it would feel like to really step into Pac-Man's shoes, or whatever it is that helps the guy move forward and gobble up all those pellets?

Sure, running around with a relentless case of the munchies and occasionally swallowing your worst enemies whole might seem like a lot of fun, but wouldn't wandering around a dark "Tron"-like maze where the only other things to interact with are a bunch of silent ghosts that just stare at you until they somehow kill you with little more than a touch sound absolutely terrifying? As the popular Web comic "Saturday Morning Breakfast Cereal" put it, if you really think about the story of "Pac-Man," "it's like Kafka wrote a Lovecraft story."

That's certainly what playing "FPS-Man" feels like. Created by the British-based developer Tom Davies while he was learning how to use the Unity game engine, "FPS-Man" is a harrowing take on the classic arcade game.

"FPS-Man" plays less like the cartoonish hunt for cherries and pellets that we all know and love from the arcade cabinets of yore and more like Theseus trying to hunt down the Minotaur and escape the maze. Think those scenes from the first "Alien" movie when they're all trying to survive by tracking a tiny dot across a screen, except suddenly its giant-eyed ghosts that are jumping out at you. Luckily, the game spares you any gore whenever the ghosts catch Pac-Man.

Hopefully given the timing of "FPS-Man's" release, this means that survival horror spin on the arcade classic will soon appear on next-generation consoles ? or better yet, a virtual reality platform like the Oculus Rift or the Omni treadmill. Because what could be more fun (or terrifying) than having to run away from dead-eyed ghosts as your own personal Pac-Man?

In the meantime, you can play "FPS-Man" for free on the website Kongregate.

? via Fast Company

Yannick LeJacq is a contributing writer for NBC News who has also covered technology and games for Kill Screen, The Wall Street Journal and The Atlantic. You can follow him on Twitter at @YannickLeJacq and reach him by email at: ylejacq@gmail.com.

Source: http://feeds.nbcnews.com/c/35002/f/663301/s/2dde6c78/l/0L0Snbcnews0N0Ctechnology0Cpac0Eman0Efirst0Eperson0Eshooter0Eabsolutely0Eterrifying0E6C10A433572/story01.htm

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বৃহস্পতিবার, ২৭ জুন, ২০১৩

Texts, video cited in charges against Hernandez

Former New England Patriots tight end Aaron Hernandez, left, stands with his attorney Michael Fee, right, during arraignment in Attleboro District Court Wednesday, June 26, in Attleboro, Mass. Hernandez was charged with murdering Odin Lloyd, a 27-year-old semi-pro football player for the Boston Bandits, whose body was found June 17 in an industrial park in North Attleborough, Mass. (AP Photo/The Sun Chronicle, Mike George, Pool)

Former New England Patriots tight end Aaron Hernandez, left, stands with his attorney Michael Fee, right, during arraignment in Attleboro District Court Wednesday, June 26, in Attleboro, Mass. Hernandez was charged with murdering Odin Lloyd, a 27-year-old semi-pro football player for the Boston Bandits, whose body was found June 17 in an industrial park in North Attleborough, Mass. (AP Photo/The Sun Chronicle, Mike George, Pool)

Former New England Patriots tight end Aaron Hernandez, left, stands with his attorney Michael Fee, right, during arraignment in Attleboro District Court Wednesday, June 26, in Attleboro, Mass. Hernandez was charged with murdering Odin Lloyd, a 27-year-old semi-pro football player for the Boston Bandits, whose body was found June 17 in an industrial park in North Attleborough, Mass. (AP Photo/The Sun Chronicle, Mike George, Pool)

Former New England Patriots tight end Aaron Hernandez, left, stands with his attorney Michael Fee, right, during arraignment in Attleboro District Court Wednesday, June 26, in Attleboro, Mass. Hernandez was charged with murdering Odin Lloyd, a 27-year-old semi-pro football player for the Boston Bandits, whose body was found June 17 in an industrial park in North Attleborough, Mass. (AP Photo/The Sun Chronicle, Mike George, Pool)

FILE - This Dec. 25, 2012 file photo taken by a sister and provided by the Boston Bandits football team shows Odin Lloyd, 27, whose body was found Monday, June 17, 2013 in an industrial park in North Attleborough, Mass. Former New England Patriots tight end Aaron Hernandez was arraigned Wednesday, June 26, 2013, on a charge of murdering Lloyd. (AP Photo/Lloyd family via the Boston Bandits, File)

Family of Odin Lloyd react during the arraignment of former New England Patriots tight end Aaron Hernandez in Attleboro District Court Wednesday, June 26, in Attleboro, Mass. Hernandez was charged with murdering Lloyd, a 27-year-old semi-pro football player for the Boston Bandits, whose body was found June 17 in an industrial park in North Attleborough, Mass. (AP Photo/The Sun Chronicle, Mike George, Pool)

ATTLEBORO, Mass. (AP) ? In the final minutes of his life, Odin Lloyd sent a series of texts to his sister.

"Did you see who I was with?" said the first, at 3:07 a.m. June 17. "Who?" she finally replied.

"NFL," he texted back, then added: "Just so you know."

It was 3:23 a.m. Moments later, Lloyd would be dead in what a prosecutor called an execution-style shooting orchestrated by New England Patriots tight end Aaron Hernandez because his friend talked to the wrong people at a nightclub. Hernandez was charged on Wednesday with murder.

Hernandez was cut from the NFL team less than two hours after he was arrested and led from his North Attleborough home in handcuffs, and nine days after Lloyd's body was discovered by a jogger in a remote area of an industrial park not far from Hernandez's home. The 2011 Pro Bowl selection had signed a five-year contract last summer with the Patriots worth $40 million.

His attorney, Michael Fee, called the case circumstantial during a Wednesday afternoon court hearing packed with news reporters, curiosity seekers and police officers. Fee said there was a "rather hysterical atmosphere" surrounding the case and urged the judge to disregard his client's celebrity status as he asked for Hernandez, 23, to be released on bail.

The judge, though, ordered Hernandez held without bail on the murder charge and five weapons counts. If convicted, Hernandez could get life in prison without parole.

Hernandez stood impassively with his hands cuffed in front of him as Bristol County Assistant District Attorney Bill McCauley laid out a detailed timeline of the events, cobbled together from sources including witnesses, surveillance video, text messages and data from cell phone towers.

Lloyd, 27, a semi-pro football player with the Boston Bandits, had known Hernandez about a year and was dating the sister of Hernandez's fianc?e, the mother of Hernandez's 8-month-old baby, McCauley said.

On June 14, Lloyd went with Hernandez to a Boston club, Rumor. McCauley said Hernandez was upset Lloyd had talked to people there with whom Hernandez had trouble. He did not elaborate.

Two days later, McCauley said, on June 16, Hernandez texted two unidentified friends. He asked them to hurry to Massachusetts from Connecticut. At 9:05 p.m., a few minutes after the first message to his friends, Hernandez texted Lloyd, telling him he wanted to get together, McCauley said.

Later, surveillance footage from Hernandez's home showed his friends arrive and go inside. Hernandez, holding a gun, then told someone in the house he was upset and couldn't trust anyone anymore, the prosecutor said.

At 1:12 a.m., the three left in Hernandez's rented silver Nissan Altima, McCauley said. Cell towers tracked their movements to a gas station off the highway. There, he said, Hernandez bought blue Bubblicious cotton candy gum.

At 2:32 a.m., they arrived outside Lloyd's home in Boston and texted him that they were there. McCauley said Lloyd's sister saw him get into Hernandez's car.

From there, surveillance cameras captured images of what the prosecutor said was Hernandez driving the silver Altima through the city of Boston. As they drove back toward North Attleborough, Hernandez told Lloyd he was upset about what happened at the club and didn't trust him, McCauley said. That was when Lloyd began sending texts to his sister.

Surveillance video showed the car entering the industrial park and at 3:23 a.m. driving down a gravel road near where Lloyd's body was found. Four minutes later, McCauley said, the car emerges. During that period, employees working an overnight shift nearby heard several gunshots, McCauley said.

McCauley said Lloyd was shot multiple times, including twice from above as he was lying on the ground. He said five .45 caliber casings were found at the scene.

Authorities did not say who fired the shots or identify the two others with Hernandez.

At 3:29 a.m., surveillance at Hernandez's house shows him arriving, McCauley said.

"The defendant was walking through the house with a gun in his hand. That's captured on video," he said.

His friend is also seen holding a gun, and neither weapon has been found, McCauley said.

Then, the surveillance system stopped recording, and footage was missing from the six to eight hours after the slaying, he said.

The afternoon of June 17, the prosecutor said, Hernandez returned the rental car, offering the attendant a piece of blue Bubblicious gum when he dropped it off. While cleaning the car, the attendant found a piece of blue Bubblicious gum and a shell casing, which he threw away. Police later searched the trash bin and found the gum and the casing. The prosecutor said it was tested and matched the casings found where Lloyd was killed.

As McCauley outlined the killing, Lloyd's family members cried and held each other, and two were so overcome that they had to leave the courtroom.

The Patriots said in a written statement after Hernandez's arrest but before the murder charge was announced that cutting Hernandez was "the right thing to do."

"Words cannot express the disappointment we feel knowing that one of our players was arrested as a result of this investigation," it said.

Hernandez, originally from Bristol, Conn., was drafted by the Patriots in 2010 out of the University of Florida, where he was an All-American.

During the draft, one team said it wouldn't take him under any circumstances, and he was passed over by one club after another before New England picked him in the fourth round. Afterward, Hernandez said he had failed a drug test in college ? reportedly for marijuana ? and was up front with teams about it.

A Florida man filed a lawsuit last week claiming Hernandez shot him in the face after they argued at a strip club in February.

Hernandez became a father on Nov. 6 and said he intended to change his ways: "Now, another one is looking up to me. I can't just be young and reckless Aaron no more. I'm going to try to do the right things."

___

Associated Press writers Bridget Murphy in Boston and Howard Ulman in North Attleborough contributed to this story.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/386c25518f464186bf7a2ac026580ce7/Article_2013-06-27-Hernandez-Police/id-c7abfb8130324e6582063afca1b68535

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Aspirations: 100 elements - The Chronicle of Higher Education

We?re revisiting our mission, vision, and values. It feels like we are in the early stages of a transformation?physical, virtual, philosophical, etc. This is very apparent in the types of positions that we?re hiring: Research Environments Librarian, Visual Literacy Instructor, Web Developer, and so forth. The whole concept of what we do (or what we can do) as an organization is greatly expanding as new capabilities are being added.

?

This summer we are exploring a big concept that I?m calling our aspirational identity. What words and images do we use internally to articulate why our library exists? What moods, feelings, and energy do we want to project outward? How can we support and amplify that Virginia Tech brand? It?s really about reframing the identity of the library and making a statement: this is who we are now. I?m drawing inspiration from The Container Store and how they are telling their story?and what they believe in.

?

I envision this process as a temporary construct (a popular phrase in the Dean?s suite these days) moving us through the growth years. This is the identity or skin that we?ll use while we are striving to formulate our new identity. A pre-identity identity? As we build new environments, bring together new partnerships, and engage our community in new ways ? our library will look and behave very differently in three to five years. The aspirational identity is meant to convey that sentiment. It is a pronouncement:?We?re changing. Here is what we are becoming. Here is how we can help with some of your evolving needs.?It?s a communications strategy meant to unify and excite our employees while also informing campus of our expanding capacities and vision for the future.

?

100 Elements

Lauren and I assembled a list of words gathered from students, faculty, campus administrators, library employees and our strategic plan. We packaged them into 100 elements (document is here if you?re interested) and asked a group of twenty volunteers to each select ten that resonated with them. It?s not a voting system but a chance for us to see which words connect with people and to help us formulate the next steps.

long_tail

Long Tail. Forty-five out of one hundred and eight words received just one response.

We started with 100 terms and our participants also introduced eight additional words. When you put it all together we had 88 out of 108 possible words/phrases receive at least one response. I wasn?t sure what I expected but it just goes to show how varied opinions are about libraries. Forty-five of the words received just one response. This is a perfect representation of the long tail, which ironically was on this list and was selected by one person.

aspirational_words

These are the top words that resonated with our volunteers.

As we move forward I?ll post more about our progress and I?ll include the activities we use in case you want to dabble with them at your library. Here are the top twenty from our group.

Recommended reading: Three and a Tree

Source: http://chronicle.com/blognetwork/theubiquitouslibrarian/2013/06/26/aspirations-100-elements/

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Winegard FlatWave Amped indoor antenna review

We have three TVs in my house, but only two of them are connected to cable boxes. ?I have the TV in my bedroom connected to a Roku 3 box (see related links for my review), so I can access the Time Warner Cable programming they make available through Roku’s TWC channel. ?Unfortunately, the TWC [...]

Source: http://the-gadgeteer.com/2013/06/26/winegard-flatwave-amped-indoor-antenna-review/

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Edward Snowden Asylum Decision Could Take Months: Ecuador

KUALA LUMPUR, Malaysia -- Ecuador's foreign minister said Wednesday his government could take months to decide whether to grant asylum to fugitive U.S. National Security Agency leaker Edward Snowden.

Foreign Minister Ricardo Patino compared Snowden's case to that of WikiLeaks founder Julian Assange, who has been given asylum in the Ecuadorean Embassy in London.

"It took us two months to make a decision in the case of Assange, so do not expect us to make a decision sooner this time," Patino told a news conference during a visit to Malaysia's main city, Kuala Lumpur.

Asked if Ecuador would provide protection to Snowden while considering his request for asylum, Patino said through a translator that if Snowden "goes to the embassy, then we will make a decision."

Patino refused to say what criteria Ecuador would use to decide, but added that his government would "consider all these risks," including concerns that it would hurt trade with the U.S. and his country's economy.

Snowden, who is charged with violating American espionage laws, fled Hong Kong over the weekend and flew to Russia. He registered for a Havana-bound flight Monday en route to Venezuela and then possible asylum in Ecuador, but he didn't board the plane.

Russian President Vladimir Putin, who acknowledged that Snowden is in the transit zone of Moscow's Sheremetyevo Airport, has rejected U.S. pleas to turn him over.

Related on HuffPost:

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Source: http://www.huffingtonpost.com/2013/06/26/edward-snowden-asylum-ecuador_n_3502098.html

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Reaction to court decision on Voting Rights Act

Reactions to Supreme Court ruling Tuesday that halts use of a key provision in landmark Voting Rights Act:

___

"I am deeply disappointed with the Supreme Court's decision today... Today's decision invalidating one of its core provisions upsets decades of well-established practices that help make sure voting is fair, especially in places where voting discrimination has been historically prevalent." ? President Barack Obama.

___

"I've always felt that it was unconstitutional... I would've agreed in 1965 that something had to be done, but it should've been done to all 50 states. I just always felt that was wrong, that was a violation of the 10th Amendment to begin with, of states' rights." ? Rep. Bill Denny, R-Miss., and chairman of the House Elections Committee.

___

"This decision weakens the cause of voting rights in our time, disregards the challenges of discrimination still facing our country, and undermines our nation's ongoing effort to protect the promise of equality in our laws." ? Democratic Leader Nancy Pelosi, D-Calif.

___

"We're free and clear to follow through with our law now without any restriction by the Justice Department... Last year I think we spent over a half a million dollars defending our pre-clearance cases. That cost will be eliminated in the future as a result of this opinion." ? Florida Secretary of State Ken Detzner.

___

"Today's Supreme Court's ruling invalidating the preclearance requirements contained within the Voting Rights Act is a win for fairness, South Carolina, and the rule of law... The court's ruling will hopefully end the practice of treating states differently and recognizes that we live in 2013, not the 1960's." ?Rep. Jeff Duncan, R-S.C.

___

"Discrimination at the ballot box is a real problem and causes real harm to our democracy. This ruling is a major step backwards in the ongoing fight for a truly free and fair democracy and democratic system." ?Rea Carey, executive director of the National Gay and Lesbian Task Force.

___

"In striking down the coverage formula in the Voting Rights Act, the court has dramatically undercut Section 5's ability to protect American voters from racial discrimination in voting. The result is that many Americans who were protected by this law will now be vulnerable to discriminatory practices and will have much greater difficulty accessing the ballot box." ? Sen. Patrick Leahy, D-Vt.

___

This is a devastating blow to Americans, particularly African-Americans, who are now at the mercy of state governments. Given last year's attempts by states to change voting rules, it is absurd to say that we do not need these protections." ? Rev. Al Sharpton, president of National Action Network.

___

"The court today declared racism dead in this country despite mountains of evidence to the contrary." ? J. Gerald Hebert, executive director and director of litigation at the Campaign Legal Center.

___

"Today will be remembered as a step backwards in the march towards equal rights. We must ensure that this day is just a page in our nation's history, rather than the return to a dark chapter." ? Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund.

Source: http://news.yahoo.com/reaction-court-decision-voting-rights-act-172312726.html

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Durable goods orders, business spending plans rise

By Lucia Mutikani

WASHINGTON (Reuters) - Orders for long-lasting manufactured goods rose more than expected in May and a gauge of planned business spending increased for a third straight month, the latest signs of a pick-up in economic activity.

Durable goods orders increased 3.6 percent as demand for goods ranging from aircraft to machinery rose, the Commerce Department said on Tuesday. Orders for these goods, which range from toasters to aircraft, had increased by a revised 3.6 percent in April.

Economists polled by Reuters had expected orders to rise 3.0 percent after a previously reported 3.5 percent increase the prior month.

Orders excluding transportation rose 0.7 percent after advancing 1.7 percent in April.

Non-defense capital goods orders excluding aircraft, a closely watched proxy for business spending plans, increased 1.1 percent. Orders for the so-called core capital goods had increased 1.2 percent in April and economists had expected a 0.3 percent gain last month.

Core capital goods shipments, used to calculate equipment and software spending in the gross domestic product report, rebounded 1.7 percent. That followed a 2.0 percent drop in April.

The increase in shipments of core capital goods pointed to moderate growth in business spending on capital equipment.

The report was the latest indication of an improvement in factory activity and broader economic conditions after the economy hit a soft patch early in the second quarter. It was supportive of the Federal Reserve's view that risks to the economy have lessened.

Manufacturing output ticked up in May and regional factory surveys released so far have shown some strength in June.

U.S. stock index futures rose slightly on the data, while prices for U.S. Treasury debt fell. The dollar rose against the euro.

Last month, demand for transportation equipment rose 10.2 percent, buoyed by a surge in orders for civilian aircraft.

Boeing received orders for 232 aircraft, up from 51 in April, according to information posted on its website. Orders for motor vehicles, however, fell 1.2 percent after rising 2.4 percent.

Outside transportation there were gains in orders for machinery, computers and electronic products, primary metals and electrical equipment, appliances and components.

Other details of the report we also supportive of manufacturing. Unfilled orders for durable goods rose 0.8 percent and were up by the same margin excluding transportation. Overall shipments of durable goods rebounded 1.2 percent after falling 0.6 percent in April.

Stocks of unsold durable goods edged up 0.1 percent, which should help the sector in the long run.

(Reporting by Lucia Mutikani; Editing by Andrea Ricci)

Source: http://news.yahoo.com/durable-goods-orders-beat-forecasts-business-spending-plans-123101956.html

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iOS 7 Will Let You Take Secret Screenshots of Your Sexy Snapchats

iOS 7 Will Let You Take Secret Screenshots of Your Sexy Snapchats

Fellow sexters or those who like self-destructing pictures and videos, ya better listen up. Snapchat and iOS 7 might have a wee bit of a problem because in iOS 7 you can screenshot Snapchat photos without ever alerting the original person. Basically, you can screenshot without ever getting caught.

Read more...

    


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/olE29yTT76o/ios-7-will-let-you-take-secret-screenshots-of-your-sexy-567659575

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The Lazy Lizard's Tales: Flashback: wildlife news in 1960s Singapore

WhaleSharkClifford
A 6 metre long whale shark (Rhincodon typus), shot by police after it was trapped at a kelong near Pulau Sebarok in 1964. This is the only record of this species in our waters;
The Straits Times, 7 June 1964

This year's theme for the Singapore Blog Awards is "60s Fever", and I thought it would be nice to take a look back at what it was like for Singapore's biodiversity in the 1960s.


Singapore's Master Plan from 1958. Some of the Southern Islands are not included in this map.


Singapore, according to the Urban Redevelopment Authority's (URA) Master Plan 2008. You can see how much our coastline has changed since 1958.

It's difficult to characterise the 1960s as being better or worse for our wildlife as a whole. On the upside, there was less urban development. Forest patches were still connected to one another in a mosaic of agricultural land, plantations, secondary scrub, and other rural landscapes. And this was a time before extensive land reclamation changed our coastline and affected the clarity of our waters. The seas were extremely rich in marine life, and numerous communities along our shores depended on such bounty for both livelihoods and recreation.

_00K1676ca1
Species now very rare or even extinct in Singapore, like the cream-coloured giant squirrel (Ratufa affinis), were still found in many areas. This photo was taken in the Panti Forest in Johor;
(Photo by K S Kong)

On the flipside, protecting wildlife and habitat conservation were not high priorities among the people, both before and immediately after we became an independent nation. Many of the articles I've found are reports of wildlife being dealt with through lethal means, when today we place emphasis on live capture and relocation, and promote education and changing human attitudes as a better strategy to resolve human-wildlife conflict. And strange as it may seem, some species that we now find in Singapore today were absent during the 1960s, having first vanished during the initial wave of deforestation during the 19th century and early 20th century. It is only in recent years that some of these formerly extinct animals have been rediscovered or returned to their former haunts, possibly due to a combination of extensive planting of urban greenery and the creation of parks and other green spaces, as well as increased habitat loss in southern Johor.

Oriental Pied Hornbill, Anthracoceros albirostris
The Oriental pied hornbill (Anthracoceros albirostris) died out here in the 19th century, but made a comeback during the 1990s;
(Photo by kampang)

Here are ten articles that provide us with a glimpse of Singapore's wildlife during the 1960s...

The Straits Times, 15th April 1965

The Straits Times 15 April 1965
The Straits Times 15 April 1965

I haven't heard of any recent records of sawfishes in Singapore waters, but as this article shows, they used to be found locally. In 1960, another massive sawfish was caught, and was described as a monster that had been "terrorising fishermen and picnickers."

Green Sawfish
Green sawfish (Pristis zjisron), Underwater Adventures Aquarium in Minnesota, United States of America;
(Photo by Zoodiver)

Today, all species of sawfish are listed as Critically Endangered, and all international trade has been banned since 2007. Live trade for public aquaria was still allowed for one species of sawfish, but that too came to an end this year, after it was agreed that the largetooth or freshwater sawfish (Pristis microdon) should receive the same amount of legal protection against trade as the rest of its relatives.


Sawfish caught off the West Coast, 1965;
(Photo from Singapore Waters - Unveiling Our Seas)

It's sobering to think about the marine giants that were once abundant here, but which have since vanished from the seas around Singapore. Uncontrolled fishing of species that are slow to mature and reproduce certainly played a role, but it's also likely that habitat destruction was an important factor behind the disappearance of sawfish and other species. Our coastal waters still support a diverse range of marine life, but for now, these large predators are still absent.

The Straits Times, 11th July 1967

The Straits Times 11 July 1967

It seems as if Pasir Panjang has plenty of literal big fish stories. Sharks were once very common in Singapore waters, and could be found patrolling coastal areas. In one incident, a large shark that was caught at Siglap was simply dumped at sea instead of sold in the market, due to its supposed worthlessness.

We do still have sharks on our reefs, but besides rare sightings, the large species seem to have all but disappeared.

The shark that had been found with human remains in its stomach was a tiger shark (Galeocerdo cuvier), and its jaws used to be on display in the Public Gallery of the Raffles Museum of Biodiversity Research (RMBR).

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echeng070726_125486.jpg
Tiger shark, Bahamas;
(Photo by echeng)

After Singapore became an independent state, there were concerns that coastal development and reclamation were destroying our reefs and other marine habitats.

Singapore Waters - Unveiling Our Seas, a book published in 2003 by the Marine Conservation Group of the Nature Society (Singapore), shares many more photos and accounts of life by the sea during the 1960s, and the marine life that was once commonly found in these waters.

The Singapore Free Press, 29th December 1961

The Singapore Free Press 29 December 1961

Long-tailed macaques (Macaca fascicularis) are no longer found in the Singapore Botanic Gardens, save for the occasional wandering loner, but in the 1960s, the resident troop was accused of wreaking havoc. I'm sure much of it was due to overpopulation as a result of feeding by people. This led to lots of conflict between humans and macaques, although ultimately, the monkeys lost.


Long-tailed macaques, Upper Peirce;
(Photo by NatureInYourBackyard)

There are also reports of monkeys causing trouble in places where they're no longer found today, such as in Fort Canning and Sembawang, although some of the culprits were actually pets that escaped from captivity.

Speaking of captive primates...

The Straits Times, 31 August 1962

The Straits Times 31 August 1962

Singapore was an important location for wildlife trade in the region, and many people had exotic pets. In 1963, a female proboscis monkey from Sabah escaped from captivity at Alexandra Barracks, although there is no news as to whether she was recaptured.

The Singapore Free Press, 4 July 1960

The Singapore Free Press 4 July 1960
Seriously.

The 1960s were a time when Singapore was beginning to expand into the ornamental fish industry, with the breeding of aquarium fish for export being seen as a profitable business. Then-Prime Minister Lee Kuan Yew had an aquarium worth $560 outside his office, to "put guests in a nice frame of mind" before meeting him.

It was also a time when the Van Kleef Aquarium (opened in 1955) was an extremely popular and well-renowned attraction, and when plans were still being made for the Singapore Zoo and Jurong Bird Park.

Van Kleef Aquarium
Undated postcard featuring the Van Kleef Aquarium;
(Photo from ofey)

The Straits Times, 13 May 1960

The Straits Times 13 May 1960 1
The Straits Times 13 May 1960 3
The Straits Times 13 May 1960 2

Even today, reticulated pythons (Broghammerus reticulatus) continue to thrive in Singapore, although it seems like the irrational fear that people often have of snakes also continues to exist. There are many articles from the 1960s of pythons being reported in all sorts of places, causing panic among residents. Most were killed, others sold, while a few were brought into captivity. An editorial from 1965 about local snakes even noted that the king cobra (Ophiophagus hannah) was "fairly common", when today, not many can claim to have seen this snake in the wild.

Reticulated python (Python reticulatus)
Juvenile reticulated python, Queenstown;
(Photo by Anne Devan-Song)

King Cobra
King cobra, Sungei Buloh;
(Photo by myrontay)

It's also worth noting that during the 1960s, hunting was still a popular hobby, and many people owned rifles and shotguns. Some travelled over to Johor in search of game, while others pursued flying foxes, civets, birds, crocodiles, and pythons locally.

One of the favourite targets of Singapore's hunters in the 1960s, the Malayan flying fox (Pteropus vampyrus) is one of the world's largest bats, and is sadly now no longer resident in Singapore. It's likely that hunting at roosting sites not only killed large numbers of flying foxes, but also drove the survivors to seek sanctuary elsewhere. Today, these large fruit-eating bats are only rare visitors to Singapore, flying over from Peninsular Malaysia (where they are still hunted) or Indonesia to look for fruiting trees.

flying fox and his spread
Malayan flying fox, Singapore Zoo;
(Photo by Will Symons)

The Straits Times, 23 June 1968

The Straits Times 23 June 1968

I'm particularly amused by this person's luck in encountering pythons while swimming. But seriously, even though the Singapore River has been cleaned up (another way in which the environment is actually better now compared to the 1960s), I still wouldn't swim in there. I certainly don't think that the waters off Boat Quay in the 1960s were a very pleasant place for a dip.

The Straits Times, 24 March 1962

The Straits Times 24 March 1962

Another big snake story, and one that's far larger than any of the longest reticulated pythons ever measured! For what it's worth, giant pythons always shrink whenever a tape measure turns up.

Pulau Ayer Merlimau was eventually joined with other neighbouring islands to create Jurong Island.


(Map from chemicals-technology.com)

The Straits Times, 18 March 1960

The Straits Times 18 March 1960 2

Another large reptile that generated much fear in Singapore during the 1960s was the estuarine crocodile (Crocodylus porosus). Although considered rare, even locally critically endangered today, it appears that back then, crocodiles were quite widespread and seen quite often in coastal areas. Some of these may have escaped from crocodile farms; Singapore was a major importer and re-exporter of crocodile skins.

Estuarine crocodile (Crocodylus porosus)
Estuarine crocodile, Sungei Buloh;
(Photo by Mendis)

The Singapore Free Press, 15 August 1960

The Singapore Free Press 15 August 1960

The common palm civet or musang (Paradoxurus hermaphroditus) is one of several native mammals that are relatively tolerant of human activity. It's not surprising that during the 1960s, civets were often found near villages, where they made a living by feeding on rats, and raiding fruit orchards and chicken coops, although 700 does seem like a lot of chickens. Is it possible that not all the chickens were taken by civets? And how did the people know that there were 30 civets? Maybe the especially industrious civet at Serangoon Gardens that was said to have snatched 300 fowl over two months that same year was also at work in Yio Chu Kang!

Common Palm Civets in Siglap Estate
Common palm civets, Siglap;
(Photo by kwokwai76)

Based on these news articles, and many more that I've looked up, the 1960s would have been a very interesting time for wildlife enthusiasts and naturalists in Singapore! Although it does seem that some accounts might be the result of exaggeration or hyperbole, and need to be taken with a lot of salt.

D.S. Johnson's An Introduction to the Natural History of Singapore was first published in 1964, and gives an excellent overview of Singapore's biodiversity, as known during the 1960s. A revised edition, published in 1992, may still be found in public libraries.

There are lots of other interesting articles about wildlife in and around Singapore that can be found in the online news archives, and I'll share more of them another time.

(Cross-posted to SBA Plus)

Source: http://lazy-lizard-tales.blogspot.com/2013/06/flashback-wildlife-news-in-1960s.html

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Is Chris Weidman the one to take out Anderson Silva?

When Anderson Silva fights Chris Weidman at UFC 162 next weekend, he will be putting his 17-fight win streak, consecutive wins record, and consecutive title defenses record on the line. Silva's last five fights have ended in a stoppage. He is the closest thing the UFC has to unbeatable.

But more and more MMA folks say Weidman is the guy who can take him out. He is undefeated, and has six wins by a stoppage. UFC welterweight champion Georges St-Pierre has trained with Weidman and said he will beat Silva. UFC commentator Joe Rogan said Weidman has the game to take out Silva. Frankie Edgar said he thinks Weidman will win, and noted BJJ expert Roger Gracie said Weidman can submit anyone, even Gracie.

Are you on board with the Weidman hypetrain? Will he win, or will it be Silva's 18th straight? Speak up on Facebook or Twitter.

Source: http://sports.yahoo.com/blogs/mma-cagewriter/chris-weidman-one-anderson-silva-161041788.html

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High court sends back Texas race-based plan

FILE - In this Oct. 10, 2012 file photo, Abigail Fisher, right, who sued the University of Texas, walks outside the Supreme Court in Washington. The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look. The court's 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions. (AP Photo/Susan Walsh, File)

FILE - In this Oct. 10, 2012 file photo, Abigail Fisher, right, who sued the University of Texas, walks outside the Supreme Court in Washington. The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look. The court's 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions. (AP Photo/Susan Walsh, File)

People wait outside the Supreme Court in Washington as key decisions are expected to be announced Monday, June 24, 2013. At the end of the court's term, several major cases are still outstanding that could have widespread political impact on same-sex marriage, voting rights, and affirmative action. (AP Photo/J. Scott Applewhite)

People wait outside the Supreme Court in Washington as key decisions are expected to be announced Monday, June 24, 2013. At the end of the court's term, several major cases are still outstanding that could have widespread political impact on same-sex marriage, voting rights, and affirmative action. (AP Photo/J. Scott Applewhite)

People line up in front of the Supreme Court in Washington, Monday, June 24, 2013, before it opened for its last scheduled session. The Supreme Court has 11 cases, including the term's highest profile matters, to resolve before the justices take off for summer vacations, teaching assignments and international travel. The court is meeting Monday for its last scheduled session, but will add days until all the cases are disposed of. (AP Photo/Charles Dharapak)

(AP) ? The Supreme Court has sent a Texas case on race-based college admissions back to a lower court for another look.

The court's 7-1 decision Monday leaves unsettled many of the basic questions about the continued use of race as a factor in college admissions.

Justice Anthony Kennedy, writing for the court, said a federal appeals court needs to subject the University of Texas admission plan to the highest level of judicial scrutiny.

The compromise ruling throws out the decision by the New Orleans-based 5th U.S. Circuit Court of Appeals, which upheld the Texas admission plan.

Kennedy said the appeals court did not test the Texas plan under the most exacting level of judicial review.

He said such a test is required by the Supreme Court's 2003 decision in Grutter v. Michigan upholding affirmative action in higher education.

"As the Court said in Grutter, it remains at all times the university's obligation to demonstrate, and the judiciary's obligation to determine, that admissions processes 'ensure that each applicant is evaluated as an individual and not in a way that makes an applicant's race or ethnicity the defining feature of his or her application,'" Kennedy said.

Justice Ruth Bader Ginsburg was the lone dissenter. "In my view, the courts below adhered to this court's pathmarking decisions and there is no need for a second look," Ginsburg said in a dissent she read aloud.

Justice Clarence Thomas, alone on the court, said he would have overturned the high court's 2003 ruling.

Justice Elena Kagan stayed out of the case, presumably because she had some contact with it at an earlier stage when she worked in the Justice Department.

Abigail Fisher, a white Texan, sued the university after she was denied a spot in 2008. She has since received her undergraduate degree from Louisiana State University.

The challenge to the Texas plan gained traction in part because the makeup of the court has changed since the last time the justices ruled on affirmative action in higher education in 2003. Then, Justice Sandra O'Connor wrote the majority opinion that held that colleges and universities can use race in their quest for diverse student bodies.

O'Connor retired in 2006, and her replacement, Justice Samuel Alito, has shown himself to be more skeptical of considerations of race in education.

Texas uses race as one among many factors in admitting about a quarter of the university's incoming freshmen. The school gives the bulk of the slots to Texans admitted based on their high school class rank, without regard to race. It automatically offers about three-quarters of its spots to graduates in the top 10 percent of their Texas high schools, under a 1990s state law signed by then-Gov. George W. Bush. Since then the admissions program has been changed so that now only the top 8 percent gain automatic admission.

Race is a factor in filling out the rest of the incoming class. More than 8 in 10 African-American and Latino students who enrolled at the flagship campus in Austin in 2011 were automatically admitted, according to university statistics.

In all, black and Hispanic students made up more than a quarter of the incoming freshmen class. White students constituted less than half the entering class when students with Asian backgrounds and other minorities were added in.

The university said the extra measure of diversity it gets from the slots outside automatic admission is crucial because too many of its classrooms have only token minority representation, at best. At the same time, Texas argued that race is one of many factors considered and that whether race played the key role in any applicant's case was impossible to tell.

The Obama administration, roughly half of the Fortune 100 companies and large numbers of public and private colleges that feared a broad ruling against affirmative action backed the Texas program. Among the benefits of affirmative action, the administration said, is that it creates a pipeline for a diverse officer corps that it called "essential to the military's operational readiness." In 2003, the court cited the importance of a similar message from military leaders.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/89ae8247abe8493fae24405546e9a1aa/Article_2013-06-24-Supreme%20Court-Affirmative%20Action/id-e92dd9e37bb54df5bfe16189cf8f40ea

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