Monday, August 20, 2012

Senate candidate's comments on rape stir outcry

FILE - This May 17, 2011 file photo shows U.S. Rep. Todd Akin, R-Mo., announcing his candidacy for U.S. Senate, in Creve Coeur, Mo. Akin said in an interview Sunday, Aug. 19, 2012 with St. Louis television station KTVI that pregnancy from rape is "really rare." Akin, who has said he opposes all abortions, said in the interview if a woman is raped, her body "has ways to shut that whole thing down." (AP Photo/Jeff Roberson, file)

FILE - This May 17, 2011 file photo shows U.S. Rep. Todd Akin, R-Mo., announcing his candidacy for U.S. Senate, in Creve Coeur, Mo. Akin said in an interview Sunday, Aug. 19, 2012 with St. Louis television station KTVI that pregnancy from rape is "really rare." Akin, who has said he opposes all abortions, said in the interview if a woman is raped, her body "has ways to shut that whole thing down." (AP Photo/Jeff Roberson, file)

FILE - This Aug. 10, 2012 file photo shows Todd Akin, Republican, candidate for U.S. Senator from Missouri, speaks at the Missouri Farm Bureau candidate interview and endorsement meeting in Jefferson City, Mo. Akin, Missouri?s GOP Senate candidate, has questioned whether women can become pregnant when they?re raped, Sunday, Aug. 19, 2012. (AP Photo/St. Louis Pos-Dispatch, Christian Gooden)

Senate candidate Rep. Todd Akin, R-Missouri, waves to the crowd while introduced at a senate candidate forum during a Republican conference in Kansas City, Mo. Akin, Missouri?s GOP Senate candidate, has questioned whether women can become pregnant when they?re raped, Sunday, Aug. 19, 2012. (AP Photo/Orlin Wagner, file)

(AP) ? Missouri Congressman Todd Akin, a conservative Republican candidate for the U.S. Senate, said in an interview broadcast Sunday that women's bodies can prevent pregnancies in the case of "a legitimate rape," adding that conception in such cases is rare.

Akin, a six-term congressman running against incumbent Democrat Sen. Claire McCaskill, was asked in an interview on St. Louis television station KTVI if he would support abortions for women who have been raped.

"It seems to me first of all from what I understand from doctors that's really rare," Akin said. "If it's a legitimate rape, the female body has ways to try to shut that whole thing down," Akin said of a rape victim's chances of becoming pregnant.

Akin said in an emailed statement later Sunday that he "misspoke" during the interview, though the statement did not specify which points or comments.

"In reviewing my off-the-cuff remarks, it's clear that I misspoke in this interview and it does not reflect the deep empathy I hold for the thousands of women who are raped and abused every year," Akin's statement said.

Akin also said in the statement he believes "deeply in the protection of all life and I do not believe that harming another innocent victim is the right course of action."

Akin's comments also brought a swift rebuke from the campaign of presumptive GOP presidential candidate Mitt Romney.

"Governor Romney and Congressman (Paul) Ryan disagree with Mr. Akin's statement, and a Romney-Ryan administration would not oppose abortion in instances of rape," Romney spokeswoman Amanda Henneberg said.

McCaskill, who is seeking a second term, said Sunday in an emailed statement that she found the comments "offensive."

"It is beyond comprehension that someone can be so ignorant about the emotional and physical trauma brought on by rape," McCaskill said. "The ideas that Todd Akin has expressed about the serious crime of rape and the impact on its victims are offensive."

This month, Akin won the state's Republican U.S. Senate primary by a comfortable margin. During the primary, Akin enhanced his standing with TV ads in which former Arkansas governor and presidential candidate Mike Huckabee praised him as "a courageous conservative" and "a Bible-based Christian" who "supports traditional marriage" and "defends the unborn."

Akin, a former state lawmaker who first won election to the U.S. House in 2000, also has a long-established base among evangelical Christians and was endorsed in the primary by more than 100 pastors.

Terry O'Neill, president of the National Organization for Women, on Sunday called Akin's remarks "flat-out astonishing."

"That kind of rhetoric re-traumatizes sexual assault victims. ... That kind of talk, I believe, is intended to shame women," she told AP Radio.

Akin was interviewed on KTVI's "The Jaco Report," and also talked about numerous campaign issues, such as voter ID laws, the economy and Medicare. KTVI said the interview was conducted earlier in the week.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/89ae8247abe8493fae24405546e9a1aa/Article_2012-08-19-Missouri%20Senate-Rape%20Comments/id-5da68908590f4eb792e3e7695e8fb6eb

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Sunday, August 19, 2012

EvidenceProf Blog: Jet Ski Or Not Jet Ski, That Is The Question, But ...

? Burying The Lead?: Judge Posner Delivers An Amusing Opinion Regarding Leading Questions | Main

August 19, 2012

Jet Ski Or Not Jet Ski, That Is The Question, But Is Wikipedia Equipped To Answer It?

The subject is well-illuminated in that great repository of contemporary wisdom, Wikipedia....Fire Ins. Exchange v. Oltmanns, 2012 WL 3510440 (Utah App. 2012).

Me (doing my best Joe Pesci): You were serious about that?

In?Oltmanns,?

[Robert] Oltmanns, the insured, and his friend [Brady] Blackner were operating a Honda F?12 AquaTrax?personal watercraft on a lake in southern Utah. This kind of personal watercraft is designed for use by a seated driver and up to two additional seated passengers. A lawsuit resulted from injuries sustained in an accident that occurred during this use, and Oltmanns tendered the defense to Fire Insurance Exchange, with whom he was insured under a homeowner's policy.

The policy, however, stated, inter alia, that it did not cover bodily injury that results from?the ownership, maintenance, use, loading or unloading of "jet skis and jet sleds...."

Fire Insurance thus moved for summary judgment dismissing the complaint, and the trial court granted the motion, finding that?the policy unambiguously excluded coverage for the use of all personal watercrafts. The plaintiffs thereafter appealed, but the Court of Appeals of Utah reversed, finding that

the provision in question is not a model of clarity and at least one additional interpretation is entirely possible. Another common use of the term "jet ski" is in reference to the stand-up variant of personal watercraft, in contradistinction to the sit-down variety, known colloquially?and also imprecisely?as wave runners. The subject is well-illuminated in that great repository of contemporary wisdom, Wikipedia[FN1]:

Jet Ski is the brand name of a personal watercraft manufactured by Kawasaki Heavy Industries. The name is sometimes mistakenly used by those unfamiliar with the personal watercraft industry to refer to any type of personal watercraft; however, the name is a valid trademark registered with the United States Patent and Trademark Office, and in many other countries. The term "Jet Ski" (or JetSki, often shortened to "Ski") is often mis-applied to all personal watercraft with pivoting handlepoles manipulated by a standing rider; these are properly known as Stand-up PWCs. The term is often mistakenly used when referring to WaveRunners, but WaveRunner is actually the name of the Yamaha line of sit-down PWCs, whereas "Jet Ski" refers to the Kawasaki line.?Jet Ski,?http://en.wikipedia.org/wiki/Jet_ski?(last visited August 13, 2012) (footnotes omitted).

FN1. In the past, we might have hesitated to cite Wikipedia in a judicial opinion given its reputation?perhaps not well deserved?for unreliability. See, e.g., Wikipedia Survives Research Test, BBC News (Dec. 15, 2005), http://news.bbc.co.uk/2/hi/technology/4530930.stm?(finding rate of error in scientific articles to be about the same as between Wikipedia and Encyclopedia Britannica). But the increasing trend of using Wikipedia in judicial opinions over the last decade seems to demonstrate a growing recognition of its value in some contexts, as noted in one 2010 article that found that by that year Wikipedia had been cited in over four hundred judicial opinions. See Lee F. Peoples, The Citation of Wikipedia in Judicial Opinions, 12 Yale J. L. & Tech. 1, 1 (2009?2010) (reviewing several instances in which Wikipedia has been cited in judicial opinions and critiquing its usefulness, or lack thereof, in those contexts). Judge Posner argued in 2007 that "Wikipedia is a terrific resource...[p]artly because it [is] so convenient, it often has been updated recently and [it] is very accurate," after citing it in United States v. Radomski, 473 F.3d 728, 731 (7th Cir.2007). See Noam Cohen, Courts Turn to Wikipedia, but Selectively, N.Y. Times, Jan. 29, 2007 at C3. While a prudent person would avoid a surgeon who bases his or her understanding of complicated medical procedures on an online source whose contributors range from expert scholars to internet trolls, where an understanding of the vernacular or colloquial is key to the resolution of a case, Judge Posner is correct that Wikipedia is tough to beat. A fuller explanation of the propriety of citing Wikipedia is set forth in Judge Voros's separate opinion.

So, let's turn to Judge Voros' concurring opinion, in which he notes that "[b]ecause Wikipedia is an open-source project, questions arise as to its reliability" and that?Wikipedia?itself has the following disclaimer:

?

IMPORTANT NOTE:?Most educators and professionals do not consider it appropriate to use tertiary sources such as encyclopedias as a sole source for any information?citing an encyclopedia as an important reference in footnotes or bibliographies may result in censure or a failing grade. Wikipedia articles should be used for background information, as a reference for correct terminology and search terms, and as a starting point for further research.
As with any community-built reference, there is a possibility for error in Wikipedia's content?please check your facts against multiple sources and read our disclaimers for more information.

?

Judge Voros then raises what I think is the most important criticism of citing?Wikipedia, which is that

A defining feature of Wikipedia is that its entries are in a constant state of change. The impermanent nature of the information on Wikipedia has serious consequences when Wikipedia entries are cited in judicial opinions. Unless they are provided with a date-and time-specific citation, researchers who pull up a Wikipedia entry cited in a judicial opinion will never be absolutely certain they are viewing the entry as it existed when the judge viewed it....This may ultimately lead to uncertainty and instability in the law. Lee F. Peoples, The Citation of Wikipedia in Judicial Opinions, 12 Yale J.L. & Tech. 1, 38?39 (2009?2010).

But the bottom line is that "[c]iting Wikipedia is as controversial as it is common.?Some courts approve it, others?condemn it."?Judge Voros, however, really falls into neither camp. Instead, he ackowledges that citing Wikipedia?would be inappropriate in many cases but then cites tha aforemention Peoples article for the proposition that "Wikipedia entries can be useful in some limited situations...for getting a sense of a term's common usage" and the then notes that

getting a sense of the common usage or ordinary and plain meaning of a contract term is precisely the purpose for which the lead opinion here cites Wikipedia. Our reliance on this source is therefore, in my judgment, appropriate.

-CM

August 19, 2012 | Permalink

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Source: http://lawprofessors.typepad.com/evidenceprof/2012/08/wikipedia-httpwwwutcourtsgovopinionsappopinfire_insurance081612pdf.html

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Asus Transformer Pad 300 Android 4.1.1 Jelly Bean Update Rolling Out Now

Asus is the only OEM to have gained any traction in the tablet market except for Apple. The company?s Transformer line of tablets provide phenomenal battery life, and can act as a worth laptop replacement for quite a lot of people.

The company is also known for its robust software update, and is known to release regular updates for its tablets. In a pretty surprising move, Asus has started rolling out the Android 4.1 Jelly Bean update for one of its Transformer tablets, the TF300.

Surprising because no other company has managed to roll out an Android OS update within a month of the OS code going public. The Nexus 7 packs in the same SoC as the Transformer Pad 300, but even then Asus has done an excellent job here and has set the benchmark for other Android OEMs to follow.?The OTA update is only available in North America at the moment, but should be slowly available to Pad 300 owners across the world.

Considering the similarilty between the other Transformer tablets, the Jelly Bean update for them should not be far away.

Source: http://techie-buzz.com/gadgets-news/asus-transformer-pad-300-android-4-1-jelly-bean-update-rolling-out.html

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18 August 2012 | Travel and Leisure

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A guide to Pussy Riot's oeuvre

MOSCOW (AP) ? Given how world famous Pussy Riot has become, people are sometimes surprised to learn that the entire oeuvre of the women's punk band is made up of six songs and five videos.

Badly recorded, based on simple riffs and scream-like singing, the feminist singers were dismissed by many critics and listeners as amateur, provocative and obscene.

But the performance and release of each song's video mirrored important steps in the rise of the opposition movement in Russia that protested Vladimir Putin's return to power as president.

By Friday, when three members of the group were convicted of hooliganism for performing a "punk prayer" in Moscow's main cathedral in February to protest the Russian Orthodox Church's support of Putin, it was clear the group also has won support around the world, including from stars such as Madonna and Paul McCartney and Amnesty International.

The band consists of at least 10 members who always performed in balaclavas so the identities of only the three who were convicted are publicly known.

Here is a guide to Pussy Riot's songs, including one released Friday just hours before the Moscow court sentenced those three members to two years in prison.

"RELEASE THE COBBLESTONES"

The group's first song and video are released on Nov. 7 ? the anniversary of the 1917 Bolshevik revolution.

A month earlier, Prime Minister Putin announces that he and his protege, President Dmitry Medvedev, will swap jobs, giving Putin the top government post again. The announcement is followed by regional elections that the Kremlin's United Russia party wins by a landslide. Observers and government critics cry fraud, and online protests soon become widespread street demonstrations.

The Pussy Riot song recommends that Russians protest the upcoming parliamentary elections ? and throw cobblestones during street protests because "ballots will be used as toilet paper," the group said on its blog.

The song's most quoted line says that "Egyptian air is healthy for your lungs/Turn Red Square into Tahrir" ? the focal point of Egypt's uprising that toppled President Hosni Mubarak in 2011.

The song's video is compiled from footage of band members singing and twanging guitars from the top of subway and trolley cars. The blog says the group was formed after its members "understood that after the Arab Spring Russia lacks political and sexual liberation, boldness, a feminist whip and a woman president." From the very start, the group's members do not disclose their real names and sport their now trademark balaclavas and brightly colored miniskirts.

"KROPOTKIN VODKA"

Dedicated to Pyotr Kropotkin, a 19th-century Russian prince and one of the founders of anarchism, the song advocates the "toppling of the Kremlin bastards" and "Death to prison, freedom to protests."

It is videotaped during the band's unannounced performances in posh restaurants and boutiques, during which band members uses fire extinguishers to put out fires they have started.

The song's video is released on Dec. 1 , three days before the parliamentary elections, which trigger the largest civil protests in Russia since the Soviet collapse.

"DEATH TO PRISON, FREEDOM TO PROTESTS "

The song is recorded in mid-December, days after the first anti-Putin protests break out. As many as 100,000 people turn out in the frigid cold for demonstrations demanding free elections, and the streets of Moscow ring with cries of "Russia Without Putin" and "Putin Is a Thief."

The band performs the song on the roof of a pre-trial detention center where opposition leaders and activists are held.

"PROTESTS IN RUSSIA, PUTIN CHICKENED OUT"

The band's breakthrough performance takes place in a part of Red Square where czarist Russia once announced government decrees. During the performance, eight Pussy Riot band members are briefly detained.

Reacting to such rallies, Putin promises to allow more political competition and to take steps to ensure the transparency of the upcoming presidential election. Medvedev proposes a law to restore the direct elections of governors.

"HOLY MARY, DRIVE PUTIN AWAY"

Before the now-historic stunt at Russia's grandest Orthodox Cathedral that led to Friday's conviction, band members try to play at Moscow's Epiphany Church but are taken away by security guards. The 41-second performance at Christ the Savior, during which five band members high-kick, dance and kneel, whispering "Holy Mother, Drive Putin Away," is interrupted by guards.

The Russian Orthodox Church's initial response is mild. An outspoken cleric known for his liberal views calls it a "legal outrage" during Shrovetide week, when church tradition allows and even encourages carnival-like escapades and jokes.

But the band then releases the video with an actual song ? with screeching guitars and an angry chorus urging Holy Mary to become a feminist. The song also claims the church's leader, Patriarch Kirill, venerates Putin instead of God.

"PUTIN SETS THE FIRES OF REVOLUTIONS"

Pussy Riot's latest song is played Friday afternoon by one of the band members who had escaped arrest from the balcony of an apartment building that faces the Khamovniki court building in central Moscow where a judge was reading the verdict.

The balaclava-wearing young woman also throws out compact discs containing the song. Hours later, the band's supporters dance to it near the court building ? before police push them away, detaining several people.

The song mocks Putin for his alleged cosmetic surgery and urges him to marry Alexander Lukashenko, the authoritarian leader of neighboring Belarus.

The chorus says: Russia "takes to the streets to say goodbye to the regime."

Recent rallies have drawn smaller crowds than those in December, but polls have indicated that Putin's popularity is dwindling during his government's crackdown on its critics and the opposition.

Source: http://news.yahoo.com/guide-pussy-riots-oeuvre-144937546.html

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Saturday, August 18, 2012

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Maple Energy sells ethanol to Mitsui in Japan

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Source: http://biofuelsandbiomass.energy-business-review.com/news/maple-energy-sells-ethanol-to-mitsui-in-japan-170812

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