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NEW YORK (Reuters) - A panel of judges explored the ramifications Thursday of a potential reversal of hedge fund tycoon Raj Rajaratnam's conviction as they heard arguments on whether FBI wiretap evidence should have been allowed at his insider-trading trial.
The 2nd U.S. Circuit Court of Appeals did not indicate how it might rule on the Galleon Group founder's case. If Rajaratnam were to win reversal of his 2011 criminal conviction and sentence, it would be a huge blow to one of the Justice Department's biggest white-collar crime cases.
Rajaratnam's lawyers argue that investigators intentionally left out information about their probe from a March 2008 application to a judge to tap the one-time billionaire's cell phone. They say the decision by a different judge to allow the tapes to be played at Rajaratnam's trial was wrong.
"What happens if we agree with you, would there be a new trial?" U.S. Circuit Judge Robert Sack asked Rajaratnam's lawyer, Patricia Millett, at the start of Thursday's 50-minute hearing.
Millett responded that the government would have the opportunity to try Rajaratnam a second time, presenting evidence other than the phone calls secretly recorded by the FBI over nine months in 2008.
Rajaratnam, 55, did not attend the hearing. He is serving an 11-year prison term in Massachusetts, one of the longest sentences imposed for insider trading.
U.S. prosecutor Andrew Fish told the three-judge panel that the government "wasn't trying to hide" the information from then U.S. District Judge Gerard Lynch, who approved the wiretap application.
"All (the information) did was confirm that Judge Lynch would grant the wiretap," Fish said.
The Rajaratnam case marked the first wiretap for an insider trading investigation in the 75-year history of securities laws, Millett said. The appeals court's decision could have wide implications on future use of wiretaps in white-collar crime investigations.
A few wiretaps were also part of the government's case against former Goldman Sachs board member Rajat Gupta, who was convicted of tipping Rajaratnam with secrets about the investment bank. Gupta was sentenced to two years imprisonment on Wednesday.
The appeal is not expected to have an effect on the guilty pleas of scores of other people caught in the government's insider-trading crackdown of the last four years. Those defendants waived rights to appeal when they pleaded guilty.
Most of Thursday's hearing was taken up discussing Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which governs the use of wiretaps in electronic surveillance of criminal suspects and is designed to protect constitutional rights to privacy.
Millett said that Title III requires the government to make "a full and complete statement" of the investigation's progress using conventional means before resorting to a phone tap. She said the March 2008 affidavit to Judge Lynch left out information about the U.S. Securities and Exchange Commission's parallel probe and a key cooperator, former trader Roomy Khan.
Millett said the wiretaps should have been suppressed because the affidavit "leaves on the cutting room floor, the sum and substance, the heart and soul of the most important aspects of this case. Left out."
The trial judge, Richard Holwell, in November 2010 declined Rajaratnam's request to suppress the wiretaps despite finding that Lynch did not have all of the information. Holwell is now a lawyer in private practice.
Rajaratnam was convicted of 14 counts of securities fraud and conspiracy in May 2011, but only after his sentencing five months later was he allowed to appeal the wiretap evidence.
The appeals court panel also included Judges Jose Cabranes and Susan Carney.
The case is USA v Raj Rajaratnam in the 2nd U.S. Circuit Court of Appeals No. 11-4416.
(Reporting by Grant McCool; Editing by Martha Graybow and Kenneth Barry)
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They never know for sure, of course. We had two other placements that lasted less than a week. Our other that we adopted were pretty easy cases. There were a few times that it looked like they might not stay, but those things didn't pan out.
So we adopted our first placement after 3 years, our second placement was here three days, adopted our third placement after 15 months, our fourth was here for 4 days, and then adopted our fifth placement after 14 months.
__________________
- Placed at 4 weeks old from hospital on 10/2008; adopted 9/2011Bear
- Placed at 13 months old on 5/2009; adopted 8/2010
Bug
- Placed at 4 weeks old from hospital on 7/2009; adopted 9/2010
Took a one year break. Almost licensed again and waiting for a placement.
Source: http://forums.adoption.com/foster-parent-support/409158-if-you-got-into-adopt-have-adopted.html
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A look at what the new device could mean for Apple?s prospects, and how it changes the tech landscape as a whole
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Pennsylvania State University climate scientist Michael Mann has filed a lawsuit against The National Review and The Competitive Enterprise Institute for articles that compared him to convicted child molester Jerry Sandusky.
Mann's lawsuit concerns two blog posts. The first appeared July 13 on openmarket.org, the blog of the Competitive Enterprise Institute (CEI), a nonprofit that promotes free enterprise and limited government. In the post, author Rand Simberg wrote that Mann manipulated data in creating his famous "hockey-stick graph," which shows global temperatures rising sharply with increased carbon-dioxide output by humans.
"Mann could be said to be the Jerry Sandusky of climate science," Simberg wrote, referring to the Penn State football coach now imprisoned for child sex abuse, "except that instead of molesting children, he has molested and tortured data."
Nine investigations of Mann's work, including one by the Environmental Protection Agency and another by the National Science Foundation, have found no evidence of academic fraud.
The CEI removed the references to Sandusky in the original blog post several days after publication, but not before the "The Corner," the blog of the National Review Online, picked up the quote in full and repeated the accusations. Mann and his lawyers filed suit against both organizations on Monday (Oct. 22) in the Superior Court of the District of Columbia.
To win the suit, Mann's lawyers will have to show that the statements made by the CEI and National Review were harmful, false and made with the malicious intent to injure Mann. They'll also have to show that the organizations should have known the statements were false but published them anyway. [How Climate Science Became Politicized]
"We do not believe he will succeed," said Sam Kazman, the general council attorney for CEI. "Mr. Mann is a very prominent person in a highly controversial issue involving both science and politics, and I would have thought by now he'd be accustomed to rhetoric that can be quite heated." (Mann is typically referred to as a "Dr." since he has a doctoral degree.)
On his website, Mark Steyn, the author of the National Review blog post, wrote, "I'll have more to say about this when I stop laughing."
Mann said he was motivated to file the suit by years of similar accusations.
"There is a larger context for this latest development, namely the onslaught of dishonest and libelous attacks that climate scientists have endured for years by dishonest front groups seeking to discredit the case for concern over climate change," Mann wrote in an email to LiveScience. ?
Climate-change belief has become increasingly polarized in the last decade. According to long-running surveys by Yale University researchers, in 2003 only 7 percent of Americans called climate change a "hoax" or a "scam." By 2010, 23 percent were using those terms to describe climate change, indicating an increasing perception of intentional wrongdoing by scientists.
Some of the politicization dates back to the polarizing Clinton era, said Anthony Leiserowitz, the director of the Yale Project on Climate Change Communication. After Al Gore took on the role of environmental advocate with his 2006 documentary "An Inconvenient Truth," Leiserowitz said, those on the other end of the political spectrum began to link Gore and Democrats not only to climate-change policy, but also to climate-change belief.
"They loathe Al Gore," Leiserowitz told LiveScience in August. "Sometimes I joke that Al Gore could hold a press conference tomorrow to say that science has determined that the Earth is round and people out there would say, 'Well, no it isn't.'"
Follow Stephanie Pappas on Twitter @sipappas?or LiveScience @livescience. We're also on Facebook?& Google+.
Copyright 2012 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.Source: http://news.yahoo.com/climate-scientist-sues-over-jerry-sandusky-comparison-184033365.html
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NEW YORK (AP) ? Bob Schieffer took a light hand Monday as moderator of the final presidential debate, ending with advice from his mother: "Go vote. It makes you feel big and strong."
Schieffer generally kept his questions to President Barack Obama and Republican Mitt Romney direct, touching on the Middle East, China, the war in Afghanistan and the threat of a nuclear Iran in a debate scheduled to focus on international issues.
At one point he told the two men, "Let me get back to foreign policy" when the subject veered into a squabble on education reform, cutting Romney off as he tried to prolong the topic.
It was the third presidential debate, with PBS' Jim Lehrer and CNN's Candy Crowley moderating the first two. ABC's Martha Raddatz was in control of the debate between Vice President Joe Biden and Republican Paul Ryan. With social media allowing millions of viewers an instant opportunity to be critics, the role of moderator was heavily scrutinized.
Schieffer, the host of CBS's "Face the Nation," gave the two men wide latitude to carry the conversation, even when they tried to talk over one another.
How that played out in the public depended on the taste of the viewer, as seen by two messages that popped up back-to-back on Twitter: "Little known fact. Moderator Bob Schieffer left the room 18 minutes ago," one wag wrote.
But it was followed quickly by another person who thought Schieffer "did a pretty good job of asking mostly decent questions and then getting out of the way. Debate's not about him."
Schieffer's competitor, NBC's "Meet the Press" host David Gregory, tweeted a "tip of the cap" to Schieffer. "Very well done," he said.
Schieffer asked the two men, "What is America's role in the world?" and asked Romney what he felt about the drone strikes that have been the hallmark of Obama's fight against terrorists. He asked whether each candidate would consider an attack on Israel to be an attack on the United States.
When Schieffer asked what each candidate would do if he got a phone call saying Israel was on its way to attack Iran, Romney batted it down as too hypothetical, and Obama didn't address it. Similarly, neither man bit on another hypothetical question of what he would do if Afghanistan forces proved unable to handle the country's security at the time the United States was looking to leave in 2014.
Schieffer segued from another Romney talk about education into the debate's wrap-up statements with a line that quickly drew social media attention: "I think we all love teachers."
Schieffer, who was moderating his third presidential debate, did have one gaffe, referring to the former al-Qaida head as "Obama's bin Laden."
In a sign of his evenhandedness, Schieffer escaped widespread social media criticism suggesting he was leaning any way politically. Earlier Monday, the conservative Media Research Center warned it would be watching him closely, noting it had documented several times when Schieffer supposedly leaned left.
But after the debate, MRC founder Brent Bozell said: "Schieffer managed to moderate this debate without revealing his own positions. Well done."
___
CBS is a subsidiary of CBS Corp.; NBC is controlled by Comcast Corp.; ABC is owned by The Walt Disney Co.; CNN is a unit of Time Warner Inc.
Source: http://news.yahoo.com/schieffer-ends-final-debate-advice-vote-034102515--election.html
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Political mindsets are the product of an individual's upbringing, life experiences, and environment. But are there specific experiences that lead a person to choose one political ideology over another?
New research from psychological scientist R. Chris Fraley of the University of Illinois at Urbana-Champaign and colleagues suggest that parenting practices and childhood temperament may play an influential role. Their study is published online in Psychological Science, a journal of the Association for Psychological Science.
Existing research suggests that individuals whose parents espoused authoritarian attitudes toward parenting (e.g., valuing obedience to authority) are more likely to endorse conservative values as adults. And theory from political psychology on motivated social cognition suggests that children who have fearful temperaments may be more likely to hold conservative ideologies as adults. Unfortunately, almost all of the existing research looking at these two factors suffers from significant methodological shortcomings. Specifically, the majority of this research has been retrospective?relying on adult's recollections of their early temperaments and their early caregiving experiences.
To better understand the developmental antecedents of political ideology, Fraley and his colleagues examined data from 708 children who originally participated in the National Institute on Child Health and Human Development's (NICHD) Study of Early Child Care and Youth Development (SECCYD).
When the children in the study were one month old, their parents answered questions from the Parental Modernity Inventory. Fraley and colleagues used their responses to determine the degree to which the parents demonstrated authoritarian (e.g., "Children should always obey their parents") and egalitarian parenting attitudes (e.g., "Children should be allowed to disagree with their parents").
The dataset also included mothers' assessments of their children's temperaments when they were 4.5 years old, using questions from the Children's Behavior Questionnaire. From these assessments, the researchers identified five temperament factors: restlessness-activity, shyness, attentional focusing, passivity, and fear.
Consistent with theory from political psychology, Fraley and colleagues found that children with authoritarian parents were more likely to have conservative attitudes at age 18, even after accounting for their gender, ethnic background, cognitive functioning, and socioeconomic status. Children who had parents with egalitarian parenting attitudes, on the other hand, were more likely to hold liberal attitudes as young adults.
In terms of temperament, children with higher levels of fearfulness at 54 months were more likely to be conservative at age 18, while children with higher levels of activity or restlessness and higher levels of attentional focusing were more likely to espouse liberal values at that age.
The researchers argue that their work has wide-ranging implications for understanding the variation in political orientation. According to Fraley, "One of the significant challenges in psychological science is understanding the multiple pathways underlying personality development. Our research suggests that variation in how people feel about diverse topics, ranging from abortion, military spending, and the death penalty, can be traced to both temperamental differences that are observable as early as 54 months of age, as well as variation in the attitudes people's parents have about child rearing and discipline." They believe that an important direction for future research will be to delve deeper into exploring the underlying mechanisms ? including shared genetic variation and parent-child conflict ? that might link parenting attitudes and temperament to later political ideology.
"We hope that this work will help enrich theory at the interface of political and personality science but also underscore the value of studying these issues from a developmental perspective," the authors write.
###
Association for Psychological Science: http://www.psychologicalscience.org
Thanks to Association for Psychological Science for this article.
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LONDON (AP) ? The BBC faced growing fallout Monday over sexual abuse allegations against a popular children's TV entertainer, as Prime Minister David Cameron accused the broadcaster of changing its story about why it killed a news segment on the accusations.
The powerful broadcaster tried to stem the damage, saying in a statement that a top editor had stepped down from its BBC Newsnight program after he was found to have given incomplete, inaccurate explanations for the decision to keep an investigation of the late Jimmy Savile from being broadcast in December.
The scandal is one of the worst to rock the BBC, long a key player in British public life and often cited as one of the most trusted sources of accurate, unbiased information.
"The BBC is a public service broadcaster that depends on the public trust, and anything that suggests it hasn't been truthful undermines that trust," Conservative Party lawmaker Rob Wilson told The Associated Press. "That's why this is such an important issue for them."
Police are investigating accusations against Savile and say there may be more than 200 potential victims of the entertainer, the longtime host of the BBC's "Top of the Pops" and "Jim'll Fix It," recognized for his garish track suits and platinum hair.
The BBC's tough statement about editor Peter Rippon deepened the suspicion that there had been a cover-up. It is suspected of pulling the Newsnight segment because of its harsh portrayal of Savile, who was hailed as a popular fixture in children's TV when he died at 84 last year.
Wilson said the BBC has tried to evade responsibility for its long tolerance of Savile.
"They were sidestepping the story, hoping it would go away," he said. "The BBC was saying the cultural issues that led to this were in the past, but when we saw BBC looking at the Jimmy Savile issue and finding out uncomfortable things, they appeared to want to cover it up."
The BBC's backtracking prompted unusual criticism from the prime minister.
"The nation is appalled, we are all appalled by the allegations of what Jimmy Savile did and they seem to get worse by the day," Cameron said, accusing the BBC of changing its story about why it decided not to broadcast the piece.
Tim Burt, a managing partner of the Stockwell Communications crisis management firm, said BBC faces a major blow to its reputation at a time when it is entering delicate negotiations with the government about the terms of its charter.
??????????? "So to have a civil war inside on a matter of editorial judgment and the handling of potentially criminal investigations could not have come at worse time," he said.
??????????? The BBC plans to air its own investigation into its actions on a show Monday night.
Rippon is the first BBC figure directly blamed for the broadcaster's failure to properly report on abuse claims. He is stepping down immediately for the duration of the investigation.
The BBC Trust, the corporation's governing body, conceded there had been "inaccuracies in the BBC's own description of what happened in relation to the Newsnight investigation."
The BBC says Rippon's explanation of his decision in a blog post earlier was "inaccurate or incomplete in some respects."
BBC is publicly funded through its license fees and various commercial enterprises; it enjoys a large degree of independence from government but is subject to legislation passed by Parliament.
In a statement released Monday, the BBC cited three problems with Rippon's initial statements about why the segment was not aired.
The BBC said Rippon's blog indicated that Newsnight staff had no evidence against the BBC when in fact there were allegations that some of the abuse happened on BBC premises.
It also faulted Rippon for saying that all the abuse victims interviewed by the program had told police about the abuse, when in some cases the women had not done so, meaning that police were "not aware of all the allegations" against Savile.
In addition, BBC said Rippon had indicated that there was no evidence that anyone working at the Duncroft school was aware of allegations that Savile had abused girls there, when in fact there were indications that "some of the Duncroft staff knew or may have known about the abuse."
_______
Associated Press writers David Stringer and Robert Barr in London contributed to this report.
Source: http://news.yahoo.com/bbc-faces-more-fallout-savile-scandal-151127792.html
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We recently received an email from a reader who?d made an inquiry with Google AdWords support. Why, this reader had asked, is Ask.com allowed to buy AdWords and rank for certain surprising terms, when its landing page features mostly ads above the fold? Doesn?t that violate Google?s policies on arbitrage?
Arbitrage, when it comes to Google AdWords, is when a advertiser hopes it can buy traffic from Google for less than it makes off ads on its own site.
In other words, say a company buys an ad for $0.60 per click on Google. Visitors click on that ad, come to the advertiser?s site where they click on a ad there ? maybe even an ad that?s part of the Google ad network ? and generate $1 per click. The advertiser has earned a tidy $0.40 in profit.
Google doesn?t like arbitrage because it?s annoying for its searchers. As Google?s policy against arbitrage says:
One example of this kind of prohibited behavior is called?arbitrage, where advertisers drive traffic to their websites at low cost and pay for that traffic by earning money from the ads placed on those websites. We?ve created this policy to help ensure that users see useful, unique, and original content without excessive advertising.
It makes sense. Who wants to click on ad at Google, then show up on a page that seems designed just to show a bunch of other ads? But that?s the situation that does happen with some ads that Ask.com runs on Google.
It?s something we?ve seen before on Ask, as we covered in our?Ask.com Plays The Google AdWords Arbitrage Game?in 2008. Back then, Ask said it was an ?isolated incident? down to its search marketing agency. But nearly four years later, it can feel like arbitrage has returned.
Consider these Google results for a search on??What is gluten??

The results are topped by an ad from Ask, promising??Get Answers Now on Ask.com,? like this:
But when the user clicks through, they find ads taking up the majority of the space above the fold, like?this:

In the example above, the first listing (marked as ?Answers?) isn?t easily clicked on. The ?What is Gluten? title isn?t a link, as with regular search listings. The only way to get to that answer is if you use the ?More? link at the end of the page description:

Under this comes a big block of ads, the first listings that are more easily clicked upon. Sometimes, these ads even come before the answers:

?
Similar situations happen for a range of searches, such as??What is Celiac disease?? and??What is Aspergers syndrome??
The ads themselves all come from Google. Ask is part of Google?s ad network. That means Ask has purchased ads on Google for ?what is gluten,? then shows a page with ads for ?what is gluten.? How?s Ask making money off of that?
One answer is that Ask is likely buying the ads more cheaply on Google than other advertisers, perhaps because it has a long account history that helps its overall quality score. Another issue is that it might be carrying ads that aren?t targeting the word gluten expressly ? and so which might be more expensive that those going after that term specifically.
Consider the ads for both McDonald?s and Cheerios that appear. Neither leads to landing pages that have anything to do with gluten:


Our reader asked a Google AdWords support rep about the situation and got a surprising response that this was allowed because Ask.com is a ?Google product? and because as a search engine, it?s fine for Ask to drive people to a search results page that includes both ad and regular unpaid ?organic? listings:
After consulting with a policy specialist, I?ve found that Ask.com is not in violation of any policies. Since Ask.com is considered a Google product, they are able to serve ads at the top of the page when the search query is found to be relevant to their ads. For example, if you search for ?adwords? in a Google search, an ad for www.google.com/AdWords will always appear at the top of the results.As far as the landing page being in violation of arbitrage policy, this is not the case due to Ask.com being a search engine. Like Google.com, Ask.com has relevant ads to the search terms displayed at the top of the page, and organic search results displayed below. I understand how you could interpret this in a sense of arbitrage, but it is not the case.
When we contacted Google?s PR department, it said the email was a mistake. Ask isn?t considered a Google product, even though Ask has a deal?to syndicate Google AdWords and ?other search-related services.?
Google said Ask gets no special treatment (nor does any other search partner). Beyond that, the company wouldn?t comment on specific Ask.com AdWords creatives. Since we brought up a number of the examples last week, and they are still appearing as of this writing, that suggests that Google doesn?t view them as violating its arbitrage policy.
Ask.com also said it was getting no special treatment and that its ads were leading to useful ad-supported information.
?We?re clearly a service that uses advertising to monetize our site, but the only way that we make advertising work is when people come back to their site,? Doug Leeds, CEO of Ask.com told me.
Leeds wouldn?t get into the details of whether Ask.com is ? deliberately or not ? benefiting from an arbitrage-like situation. He did say the company?s goal is to get visitors to stay and come back, rather than click on an ad and leave.
?Our business model depends on people who come to us from Google coming back again, or else it doesn?t work,? he said.
Related Topics: Ask | Google: AdWords | Top News

Source: http://searchengineland.com/is-ask-com-continuing-to-play-the-google-arbitrage-game-137278
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