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Monday, September 24, 2012
German President visits 1st Air Cav
CAMP MARMAL, Afghanistan -- Staff Sgt. Bryan Miles, a native of West Springfield, Mass., an air ambulance noncommissioned officer for Company C, 1st Air Cavalry Brigade, 1st Cavalry Division, explains some of the equipment used in the UH-60 Black Hawk...
CAMP MARMAL, Afghanistan -- President Christian Wulff of Germany climbs into an AH-64D Apache Attack Helicopter from the 1st Air Cavalry Brigade, 1st Air Cavalry Division, while on a surprise visit to Camp Marmal Oct.17. (U.S. Army photo by Sgt...
CAMP MARMAL, Afghanistan -- From left to right, a translator, President Christian Wulff of Germany, Lt. Col. Michael Burns, a native of New Brockton, Ala. and deputy commanding officer of the 1st Air Cavalry Brigade, 1st Cavalry Division, and Command...
CAMP MARMAL, Afghanistan -- From left to right, Command Sgt. Maj. Glen Vela, a native of Dallas, command sergeant major of the 1st Air Cavalry Brigade, 1st Cavalry Division, Lt. Col. Michael Burns, from New Brockton, Ala. and deputy commanding officer...
CAMP MARMAL, Afghanistan -- Lt. Col. Michael Burns (left), a native of New Brockton, Ala., holds a streamer awarded to the 1st ACB with President Christian Wulff of Germany (right) Oct. 17. Wulff talked with key leaders and soldiers during a surprise...
CAMP MARMAL, Afghanistan -- Capt. Joy Nickel, a native of Prescott, Ariz., company commander of Company B, Task Force Lobos, 1st Air Cavalry Brigade, 1st Air Cavalry Division, explains to President Christian Wulff of Germany some of the flight controls...
Source: http://www.army.mil/article/68472/German_President_visits_1st_Air_Cav/
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Monday, September 17, 2012
KD Interactive Kurio 7 Tablet
Kid-friendly models were already a floundering subsection of the tablet?market, but things just got more difficult with Amazon's new Kindle Fire lineup. Not only did the retail giant drop the price of the refreshed original Kindle Fire to $159 , but the addition of Kindle FreeTime parental controls, makes it tough not to recommend?especially if you're looking for a tablet you can share with your kids. The Kurio 7 ($199.99 list)?caters to children by offering kid-specific content, a child-safe Android environment, and a rubber bumper that helps protect the tablet from, well, kids. It offers better performance and reliability than older options like the Fuhu Nabi Kids Tablet, but it lacks enough compelling child-safe content to make it really worthwhile. The Kurio 7 isn't bad, but it's caught in a gray area between more content-rich and easy-to-use options like the LeapFrog LeapPad and more feature-packed and versatile options like the Kindle Fire.
Design and Features
At 7.5 by 4.8 by 0.5 inches (HWD) and 12.1 ounces, the Kurio is roughly the same size and weight as the Kindle Fire, but its two-tone white and glossy blue plastic body has a lot more flex to it. The tablet feels a bit flimsy, but that's typical of kids' tablets and, like the Nabi, the Kurio 7 should spend most of its time encased in the included protective rubber bumper. The blue bumper is thick at the edges, with exaggerated corners and appropriate cutouts for accessing all the tablet's ports and buttons. It's also more rigid than the bumper on the Nabi, meaning it'll be harder for your kids to pry off. On the right side of the bezel, when held in landscape mode, is a front-facing camera and three capacitive buttons: Back, Home, and Options. Along the right edge are a single speaker grille, a microSD card slot, a DC power connector, mini USB and mini HDMI ports, a 3.5mm headphone jack, and a microphone. You get a nice collection of connectivity options, but the speaker is too easy to cover with your hand during use. ?
Front and center is the 7-inch 800-by-480-pixel screen, which is very low resolution by today's 7-inch tablet standards. The Kindle Fire's 1,024-by-600-pixel screen is significantly sharper and brighter. Text on the Kurio's screen looks somewhat pixelated, colors are dull, and the viewing angle is fairly narrow. The screen also flexes under moderate pressure, causing ripples in the LCD.
The 0.3-megapixel front-facing and 2.1-megapixel rear-facing camera both take grainy, poorly exposed, and often blurry pictures. Your kids probably wont mind the subpar image quality though, and the front-facing camera works for Skype video calls.
The Kurio Wi-Fi-only tablet that connects to 802.11b/g/n networks on the 2GHz band. You only get 4GB of built-in storage, but the microSD card slot accepts cards up to 32GB. The Kurio 7 was able to play Xvid, DivX, MPEG4, H.264, and AVI?video files at resolutions up to 1080p in my tests. MP3, AAC, FLAC, OGG, WAV, and WMA audio files all played fine.
The 1.2GHz Cortex A8 processor and 1GB RAM are low-end by current standards, but are perfectly adequate for running Android 4.0.3 on the Kurio 7. It's not going to blow anyone away with its speed, but it's responsive and reliable. In our battery rundown test, which loops a video with screen brightness set to maximum and Wi-Fi switched on, the Kurio 7 was able to last an unimpressive 4 hours and 12 minutes. To compare, the original Kindle Fire lasted 4 hours, 55 minutes on the same test. Amazon promises improved battery life for its refreshed model.
Child Safety and Content
The big draw here is the sandboxed child-safe mode. Much like the Nabi, you have a full featured Adult Mode, and a limited, but customizable, Child Mode. You can set up multiple accounts for children of varying ages, and also customize which apps are available and the level of Web filtering. Parents also have control over how long a child can use the tablet for, and how many times they can use it in a single day.
Child Mode provides a simple layout with access to parent-approved apps and content. Kurio pre-loaded its tablet with some great third-party games, including Angry Birds, Cut the Rope, DoodleJump, Fruit Ninja, World of Goo, and Where's My Water. Then there are some Kurio branded educational apps, games, and content. Most of these are pretty underwhelming. Kurio's educational apps feature pixelated and simplistic graphics, with nearly illegibly jagged fonts. It's also not immediately apparent how to interact with the some of the apps. For instance, a math problem will appear, with no keyboard or directions for how to input an answer. The Kurio-limited Web browser was slow to load and buggy in my tests, but the Web filtering worked well, easily thwarting my search for "boobies." Instead I got an "Oops! This page has been blocked by Kurio" message.?
The Adult Mode is stock Android, but lacks Google apps, including the Google Play app market. Instead you have the Kurio Store, which has a small, unexciting selection of apps. You'll find staples like Skype, Pandora, and Facebook, but it pales in comparison with Google Play app store. Navigating the store is cumbersome due to tiny fonts and poor layout, and installing apps from the Kurio app store isn't particularly straightforward or intuitive. First you must find the apps in the store, initiate download, then click the notification bar along the bottom and click on the download dialogue. Even then, you have to wait a few minutes before the standard Android app installation dialogue appears. If the parent controlling the tablet isn't familiar with Android, they might have a hard time finding, installing, and then placing those apps onto the safe environment. There's also no auto-lock feature, so if you forget to enter back into Child mode, the tablet will be completely open to the next user.
Conclusions
Though the Kindle FreeTime feature wasn't yet available when we completed this review, its promise of an easy-to-use interface, multiple user accounts, customizable content, and usage limits, coupled with superior hardware and lower list price makes choosing the Kindle Fire over the Kurio a no-brainer. With the Kindle Fire, you'll also get access to Amazon's Appstore, which dwarfs Kurio's, and you'll have a tablet that's powerful and versatile enough to grow with your child. If you want durability, but a rubberized case, there are plenty of them available. Overall, the Kurio 7 doesn't offer enough compelling features to distinguish it from a less-specialized tablet like the Kindle Fire. It also carries the same list price as the better equipped Kindle Fire HD, so really the choice is clear here?just go with one of the Kindle Fires.?
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Nevada's Fajardo racks up big dual-threat numbers
FILE- This combo image made of file photos shows quarterbacks rushing, from left, Michigan's Denard Robinson (16), Nevada's Cody Fajardo (17) and Ohio State's Braxton Miller (5) during their NCAA college football games. The season is now three weeks old, and the stats are proving what defensive coordinators have known for years_ a dual threat quarterback is still the most dangerous weapon an offense can have. Michigan's Denard Robinson and Ohio State's Braxton Miller are the nation's most prominent dual-threat quarterbacks, and they're both looking up at Nevada's Cody Fajardo in the stat book. (AP Photos/File)
FILE- This combo image made of file photos shows quarterbacks rushing, from left, Michigan's Denard Robinson (16), Nevada's Cody Fajardo (17) and Ohio State's Braxton Miller (5) during their NCAA college football games. The season is now three weeks old, and the stats are proving what defensive coordinators have known for years_ a dual threat quarterback is still the most dangerous weapon an offense can have. Michigan's Denard Robinson and Ohio State's Braxton Miller are the nation's most prominent dual-threat quarterbacks, and they're both looking up at Nevada's Cody Fajardo in the stat book. (AP Photos/File)
FILE- This combo image made of Sept. 15, 2012, file photos show: (Left) Florida State's Debrale Smiley scores a touchdown against Wake Forest during an NCAA college football game, won 52-0 by Florida State in Tallahassee, Fla. (Right) Clemson quarterback Tajh Boyd looks to pass during an NCAA college football game against Furman in Clemson, S.C. Boyd will take touchdowns any way he can get them next weekend in Tallahassee. Florida State (3-0) leads the nation in points allowed per game at 1, and they've pitched a pair of shutouts after allowing a field goal in a season-opening win over Murray State. (AP Photos/Steve Cannon, Rainier Ehrhardt, File)
FILE - This combo image made of Sept. 8, 2012, file photos in Pasadena, Calif., shows: (Left) UCLA running back Johnathan Franklin celebrates scoring a touchdown during an NCAA college football game against Nebraska. (Right) UCLA quarterback Brett Hundley, left, runs the ball as Nebraska offensive linesman Brandon Chapek pursues him during the first half of their NCAA college football game. Hundley can run when he needs to. He's quickly learned that it's better to turn around and hand it to Johnathan Franklin, who is one of two players in the country with over 500 yards rushing this season.(AP Photo/Mark J. Terrill, File)
FILE- In this Sept. 15, 2012, file photo, West Virginia quarterback Geno Smith looks to pass during the first half of an NCAA college football game against James Madison in Landover, Md. West Virginia won 42-12. Smith doesn't need to use his feet to beat up on opposing defenses. He is 66-of-75 passing for 734 yards and nine touchdowns through two games. (AP Photo/Alex Brandon, File)
FILE - In this Sept. 8, 2012, file photo, Ohio State's Braxton Miller rushes against Central Florida during an NCAA college football game in Columbus, Ohio. The season is now three weeks old, and the stats are proving what defensive coordinators have known for years_ a dual threat quarterback is still the most dangerous weapon an offense can have. Miller, Michigan's Denard Robinson and Nevada's Cody Fajardo are the only quarterbacks in the nation with at least 1,000 yards passing and 300 yards rushing this season. (AP Photo/Jay LaPrete, File)
The season is now three weeks old, and the stats are proving what defensive coordinators have known for years.
A dual threat quarterback is still the most dangerous weapon an offense can have.
___
DUAL THREAT TRIO: Michigan's Denard Robinson and Ohio State's Braxton Miller are the nation's most prominent dual-threat quarterbacks.
They're both looking up at Nevada's Cody Fajardo in the stat book.
Robinson, Miller and Fajardo are the only quarterbacks in the nation with at least 1,000 yards passing and 300 yards rushing this season. But Fajardo has more yards of total offense per game than either of his more famous counterparts after running for 118 yards and three touchdowns and throwing for 237 yards and a score in Saturday's 45-34 win over Northwestern State.
Fajardo has 362.3 yards of offense per game, good for eighth-best in the nation. Robinson is ninth at 350 yards a game, and Miller is 12th after throwing for a season-high 249 yards and four TDs in a dramatic 35-28 win over California.
___
GENO ON POINT: West Virginia's Geno Smith doesn't need to use his feet to beat up on opposing defenses.
Smith is 66 of 75 passing for 734 yards and nine touchdowns through two games. He's got as many passing TDs as incompletions and his 88 percent completion percentage leads the nation.
Smith might not find as many open receivers starting this week when the Mountaineers (2-0) face Maryland. West Virginia then starts its first season in the Big 12 by hosting Baylor on Sept. 29.
Based on Smith's passing prowess, the Mountaineers should fit right in to their new league.
___
BAD START: Massachusetts could use a dual-threat quarterback ? and pretty much everything else.
UMass, in its first season in the FBS, is last nationally in scoring offense and defense. The Minutemen are scoring 6.5 points per game and giving up 48.3 after getting blown out by Robinson and the Wolverines 63-13.
UMass (0-3) is also the only team in the country gaining less than 200 yards a game and one of just nine allowing more than 500 per outing.
___
RUSHING STARS: UCLA freshman quarterback Brett Hundley can run when he needs to.
He's quickly learned that it's better to turn around and hand it to Johnathan Franklin.
Franklin and Nevada's Stefphon Jefferson are the only players in the country with over 500 yards rushing this season. Franklin maintained his national lead despite a season-low 110 yards on 25 carries in a 37-6 win over Houston. Franklin has 541 yards, and Jefferson has 529 after exploding for 247 yards in Saturday's win over Northwestern State.
Fresno State's Robbie Rouse is third with 382 yards rushing.
___
SEMINOLE SHUTDOWN: Clemson quarterback Tajh Boyd will take touchdowns any way he can get them next weekend in Tallahassee.
Florida State (3-0) leads the nation in points allowed per game at 1 having pitched a pair of shutouts after allowing a field goal in a season-opening win over Murray State.
The Tigers are scoring nearly 40 points per game behind Boyd, a junior. But they'll be hard-pressed to match that total against the Seminoles.
___
EXTRA POINTS: Ohio State's Braxton Miller is also the only quarterback ranked in the top 10 in rushing yards per game with 125.7 ... Utah's Sean Sellwood leads the nation with 48.9 yards per punt. ... Louisiana-Monroe, which nearly knocked off Auburn on Saturday after stunning Arkansas, is averaging 37:02 in time of possession. ... Oklahoma State has reached its opponent's red zone 20 times in three games and has scored every time. The Cowboys have settled for field goals inside their opponent's 20 twice. ... It's no surprise that Alabama is the nation's top-ranked team. The Crimson Tide leads the country in turnover margin, with 12 takeaways against just one turnover.
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Sunday, September 16, 2012
Google touts new Apps customers in education vertical
September 14, 2012, 11:08 PM ? Google announced 14 new customers for its Apps for Education cloud suite, as it continues to jockey for position against rivals like Microsoft in this important vertical market.
The new customers, which include Carnegie Mellon University and Princeton University, are at different stages of deploying Apps for Education, which is free and includes e-mail, calendar, office applications, IM, video conferencing, IT controls and other components. Thirteen are implementing it broadly for students, faculty and staff university-wide, according to Google.
Companies, schools and government agencies are becoming increasingly comfortable turning off e-mail and collaboration servers in house and shifting instead to cloud systems hosted in vendor data centers.
Not only does the cloud model reduce maintenance and hardware costs, but it also simplifies workplace collaboration, because the software is typically designed for sharing and joint editing of documents.
Microsoft leads the on-premises enterprise email and collaboration market, but is having to fight tooth-and-nail to defend its turf as customers switch to the cloud-based model.
Not surprisingly, the biggest fight in this market is between Google Apps and Microsoft's Office 365, which includes online versions of Office, SharePoint, Lync and Exchange.
Microsoft has also been busy announcing customer wins for Office 365 for Education recently, including a deal with the Catholic International Education Office that involves 4.5 million Catholic school students.
Google Apps for Education is being used by more than 16 million students and teachers, while Office 365 for Education and its predecessor Live@Edu has more than 22 million end users, according the companies. Apps for Education is free, while Office 365 for Education has a free version, as well as fee-based versions.
Both companies are devoting a lot of effort to the education market, where they can get in front of K-12 and college students and in theory gain a "mindshare" advantage with these future professionals.
"Dominating the edu sector is desirable for vendors because it exposes the next generation workforce to their tools, allows vendors to try out new code and concepts at very large scale before bringing them to the enterprise, and eventually allows vendors to monetize a valuable demographic as the students become alumni," said Gartner analyst Matthew Cain via e-mail.
Rebecca Wettemann, a Nucleus Research analyst, said that usability and adoption are key for the broad success of personal productivity applications like messaging and collaboration, and that users are most comfortable with applications they know.
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Gas taxes vs. fuel restrictions: Which is better for reducing emissions?
New fuel efficiency rules throw all of the burden onto carmakers, some economists say. Would higher sales taxes on gas be more effective?
A man fills his gas tank at a gas station last month in South Euclid, Ohio. Some experts argue that shifting some of the burden of reducing fuel emissions onto consumers in the form of gas taxes would be an effective strategy.
Tont Dejak/AP/File
EnlargeWith the announcement of final rules for corporate average fuel efficiency of 54.5 mpg by 2025, the NHTSA and EPA have done two things.
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The agencies have given carmakers both a major technological challenge--double the effective gas mileage of your vehicles in 12 years--and something they have long wanted: regulatory certainty.
If the definition of a good compromise is that no one is entirely happy with it, then perhaps the new, stiffer CAFE requirements are good indeed.
But many economists, industry executives, and? policy wonks feel that stiffer gas-mileage rules are not the best way to reduce gasoline consumption.
The problem is that they throw the entire burden onto carmakers, rather than getting consumers to change their behavior to demand less of the commodity.
If gasoline prices in the U.S. were in line with those in almost every other industrialized country--closer to $8 a gallon than $4--consumers would be incentivized to cut their consumption, both by buying different cars and by driving less.
You can argue that we've now spent 60 years designing a built suburban environment that requires a car to survive.
Already, Federal gas-tax revenue isn't nearly adequate to cover the road repairs it's supposed to fund to make that suburban Utopia possible.
Certainly, in the currently poisonous political environment, raising gas taxes is a non-starter. Even proponents like GM CEO Dan Akerson and Ford Motor Co. chairman Bill Ford acknowledge that.
Advocating raising any tax for any reason, in fact, appears to be roughly equivalent to proposing government-sponsored matricide.
Nonetheless, yesterday an economic analysis in The New York Times made the case that higher gas taxes would be a better, and more cost-effective, way to cut gasoline consumption than are the new CAFE rules.
It's a well-reasoned case, with lots of data.
Read that article here, and then give us your reactions. Are the current CAFE regulations really the best way to cut our gasoline use?
Would a predictable, gradual rise in the gas tax be better (especially if the revenue raised were rebated directly to the drivers who paid it)?
Or are the new 54.5-mpg rules the only thing we can practically enact in the current political climate?
The Christian Science Monitor has assembled a diverse group of the best auto bloggers out there. Our guest bloggers are not employed or directed by the Monitor and the views expressed are the bloggers' own, as is responsibility for the content of their blogs. To contact us about a blogger,?click here.?To add or view a comment on a guest blog, please go to the blogger's own site by clicking on the link in the blog description box above.
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Rogers, Bell, TELUS, Virgin Mobile, and Koodo unveil new voice and data plans just in time for the iPhone 5 release
With?preorders?for the newly announced?iPhone 5?off and running, folks in Canada may have noticed their carriers taking their sweet time to roll out new plans to go with it. While many of the carriers already offered 6GB data plans for fairly reasonable prices, they've now gone ahead and sweetened the deal by offering voice, data and other features to encourage you to give them your hard earned cash. That includes?Rogers, Bell, TELUS, Virgin Mobile and Koodo.?This according to?Mobile Syrup, who also say Fido will be unveiling their new offerings come next week.
All carriers have set their pricing pretty much on par with each other. So, it becomes a question of coverage, customer service, and additional add-ons that may win folks over.
Rogers
- $73 6GB Plan (Promo is in-market from September 14th ? September 30th)
- 200 minutes
- My10 Canada-wide calling
- Unlimited Messaging
- Unlimited Evenings and Weekends starting at 6PM
- 6 GB of LTE shareable data
Bell
- Fab 10 Promo 73 with 6GB of data for $73/month
- 6GB of data
- 10 hours of Mobile TV
- 200 anytime minutes
- Weekends and evenings starting at 6pm
- Unlimited nationwide Fab 10 calling
- Unlimited text, picture & video messaging
TELUS
- ?Promo Voice and Data 75? for $75/month
- 200 local time minutes
- Unlimited Nationwide Family Calling
- Unlimited local Early Nights and Weekends starting at 6PM
- Unlimited text, picture and video messages
- Unlimited Nationwide talk and text messaging with your 10 Favourite Numbers
- Caller ID, Voice Mail, Call Waiting, Conference Calling
- Unlimited local calling for 1 month
- 6 GB of data
Virgin Mobile
- ?Smartphone 75 ? 6GB? for $75/month
- 200 Anytime Minutes
- Weekends & Evenings starting at 6PM
- Unlimited Canada, U.S. & International Text & Picture Messaging
- Unlimited Canada-Wide Talk & Text to 10 Buddies
- 6GB of Data
- Effective Monday, September 17th plan will include ?Visual Voicemail for iPhone & BlackBerry, Voicemail 10 & Call Display?
Koodo Mobile
- $65/month
- Up to 150 Anytime Minutes
- 6GB data
- Canada-wide Calling
- Call Display and Voicemail
- Unlimited Evenings and Weekend, starting at 5PM
- Unlimited Text & Picture messaging
- Unlimited Canada-wide Family Calling, Call Waiting and Conference Calling
Source: Mobile Syrup
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Saturday, September 15, 2012
California appeals court upholds as-applied challenge to sex offender residency restriction of Jessica's Law
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September 14, 2012
California appeals court upholds as-applied challenge to sex offender residency restriction of Jessica's Law
As reported in this local article, headlined "San Diego Sex Offenders Upset Residency Limit," there mas a notable ruling earlier this week concerning California's sex offender residency restrictions. Here are the basics from the press report:It is "unreasonable" and "oppressive" to forbid registered sex offenders from living within 2,000 feet of a school or park, a California appeals court ruled.
California voters adopted Proposition 83, also known as Jessica's Law, in 2006 to impose strict regulations on registered sex offenders. One provision in particular prohibits sex offenders from living within 2,000 feet of any school or park.
In 2010, the California Supreme Court ruled that the housing restriction applies to all paroled sex offenders, regardless of when they committed their crime, but the court said it did not have enough evidence to rule on law's constitutionality.
Following this ruling, William Taylor, Jeffrey Glynn, Julie Briley and Stephen Todd, all registered sex offenders living in San Diego County, challenged the residency restriction in Superior Court. All four parolees were unable to find housing after their release: Taylor and Briley lived in an alley behind the parole office on the advice of their parole agents, Todd lived in the San Diego riverbed with other registered sex offenders who had no place to live, and Glynn lived in his van.
In 2011, Judge Michael Wellington held an eight-day evidentiary hearing in which experts testified that 24.5 percent of San Diego residential properties comply with the Jessica's Law residency requirement, but most of these dwellings are single-family homes. Less than 3 percent of multifamily housing meets the requirement.
Wellington subsequently ruled that the parole condition was "unconstitutionally 'unreasonable'" because it "violated petitioners' right to intrastate travel, their right to establish a home and their right to privacy and was not narrowly drawn and specifically tailored to the individual circumstances of each sex offender parolee."
California's Fourth Appellate District affirmed Tuesday, finding that the law's "blanket enforcement as a parole condition in San Diego County has been unreasonable and constitutes arbitrary and oppressive official action."
The full 37-page appellate panel ruling is available at this link, and here are the final two substantive paragraphs:
Glynn and Taylor are registered sex offenders because each of them committed a sex crime against an adult; there is no hint of pedophilia in their histories.? The exclusion of parolees with backgrounds similar to Glynn and Taylor from living near schools and parks does not substantially protect children, but as the record here shows, it has tremendous impact on such parolees' rights and liberty without bearing a substantial relation to their crimes.? As in the cases of Glynn and Taylor, it prevented them from living with family members. ?In Taylor's case, it also decreased his proximity to needed services and treatment.? By banning all sex offenders, the absolute residency restriction of Jessica's Law, when enforced as a parole condition, imposes a substantially more burdensome infringement on constitutional rights than is necessary to protect children from sex crimes.? As such, the blanket enforcement of section 3303.5(b) as a parole condition in San Diego County has been unreasonable and constitutes arbitrary and oppressive official action.
As noted by the trial court, its orders do not prohibit CDCR from individually enforcing the residency restriction of Jessica's Law as a parole condition for registered sex offender parolees in San Diego County.? The orders merely disallow CDCR from blanket enforcement of the residency restriction. Parole agents retain the discretion to regulate aspects of a parolee's life, such as where and with whom he or she can live. (?? 3052, 3053, subd. (a).) Agents may, after consideration of a parolee's particularized circumstances, impose a special parole condition that mirrors section 3303.5(b) or one that is more or less restrictive. It is only the blanket enforcement ? that is, to all registered sex offender parolees without consideration of the individual case ? that the trial court prohibited and we uphold.
September 14, 2012 at 02:33 PM | Permalink
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Comments
Courts are starting to come around to the idea that residency restrictions are more trouble than they're worth, but what's remarkable about this to me is that, if I'm reading it right, these guys were on parole.
Posted by: Guy | Sep 14, 2012 2:51:01 PM
A theory is more valid if it can predict and since this is the only article on this subject so far, I predict Nancy Gertner will be proven right in subsequent articles. Any takers?
Posted by: George | Sep 14, 2012 4:46:15 PM
Putting aside the one guy's other crimes, that he cannot get off the sex offender list, even though he committed the crime when he was 15 and over 30 years ago seems ridiculous.
Posted by: federalist | Sep 14, 2012 5:49:57 PM
"It is only the blanket enforcement ? that is, to all registered sex offender parolees without consideration of the individual case ? that the trial court prohibited and we uphold."
So what's going to happen when all the individual determinations lead to the exact same result as a blanket enforcement?
Posted by: Daniel | Sep 14, 2012 7:26:41 PM
Yes, the guys were on parole, but the plaintiff's lawyer, anchored by the San Diego public defender's office, did a BANG-UP JOB of presenting every fact. SOSEN was in contact with a couple of the paralegals working the case, and it was, without question, a very convincing ruling. The arguments centered less around the plaintiffs' parole conditions than the actual constitutionality, as a whole, with regard to the ordinance and Proposition 83. This also was different from a previous CA Supreme Court ruling allowing for restrictions with regard to a greater preponderance of accumulating data that show the ineffectiveness and, in fact, increased danger to children such a policy holds.
Most notable, the three judges on the panel were all nominated by Governor Deukmejian or Governor Wilson, both conservative republicans with regard to law and order, and the judges by and large have opined in several cases in favor of prosecution/law enforcement positions, so this ruling is HUGELY significant in that the political affiliation would most likely rule for residency restrictions. But what is KEY is that the constitutionality of residency restrictions have been rendered in a fair interpretation.
Posted by: Eric Knight | Sep 14, 2012 10:24:21 PM
Mr. Knight" "But what is KEY is that the constitutionality of residency restrictions have been rendered in a fair interpretation."
Do you mean by this that the CDCR can still restrict the residency of some parolees but cannot blanket them all? That was my reading. What of those not under any supervision? Doesn't this ruling render those residency restrictions unconstitutional because there is no supervision?
"Agents may, after consideration of a parolee's particularized circumstances, impose a special parole condition that mirrors section 3303.5(b) or one that is more or less restrictive. It is only the blanket enforcement ? that is, to all registered sex offender parolees without consideration of the individual case ? that the trial court prohibited and we uphold."
Since there are no agents for the unsupervised, how could there be any residency restrictions on the unsupervised? It is possible under this reading, which could be wrong, that all the recent local residency blanket restrictions are void as unconstitutional.
Posted by: George | Sep 15, 2012 12:38:33 AM
Yep i see the same thing george. IF they cant' even do a blanket restriction for those on PAROLE...it's no where even close to fucking legal for those who have LEGALY finished it.
Posted by: rodsmith | Sep 15, 2012 1:39:28 AM
This if it isnt' appealed or if it's appealed and loses...is a MAJOR game changer in the fucktard politicicals rush to the sewer in sex crimes law....they will have to find a new boogie man!
Since calif is one of the biggest states and one with the most offenders on the list. Gonna be hard to say the other 2/3's of those on the registry have to do it...when the 200K in cal don't
Posted by: rodsmith | Sep 15, 2012 1:41:25 AM
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Methods For Jason Witten Elite Jersey Physical Fitness And Health ...
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Anti-Muslim film promoter outspoken on Islam
In this frame grab from a video made on Wednesday, Sept. 12, 2012, Steve Klein, an insurance agent and Christian activist involved in "Innocence of Muslims," a film denigrating Islam and the Prophet Muhammad that sparked outrage in the Middle East, speaks during an interview at his office in Hemet, Calif. (AP Photo/Gillian Flaccus)
In this frame grab from a video made on Wednesday, Sept. 12, 2012, Steve Klein, an insurance agent and Christian activist involved in "Innocence of Muslims," a film denigrating Islam and the Prophet Muhammad that sparked outrage in the Middle East, speaks during an interview at his office in Hemet, Calif. (AP Photo/Gillian Flaccus)
In this frame grab from a video made on Wednesday, Sept. 12, 2012, Steve Klein, an insurance agent and Christian activist involved in "Innocence of Muslims," a film denigrating Islam and the Prophet Muhammad that sparked outrage in the Middle East, speaks during an interview at his office in Hemet, Calif. (AP Photo/Gillian Flaccus)
HEMET, Calif. (AP) ? The public face for the anti-Muslim film inflaming the Middle East is not the filmmaker, but an insurance agent and Vietnam War veteran whose unabashed and outspoken hatred of radical Muslims has drawn the attention of civil libertarians, who say he's a hate monger.
With the Coptic Christian filmmaker Nakoula Basseley Nakoula in hiding, film promoter Steve Klein has taken center stage in the unfolding international drama. He's given a stream of interviews about the film and the man he says he knew only as Sam Bacile, and is using the attention to talk about his own political views.
Nakoula, who used Bacile spelled multiple ways as a pseudonym, contacted Klein months ago for advice about the limits of American free speech and asked for help vetting the movie's script, Klein said in an interview with The Associated Press. The filmmaker asked the 61-year-old grandfather if he would act as a spokesman if the film "caught on," and he agreed.
The role dovetailed with Klein's relentless pursuit of radical Muslims in America, an activity he says he began after the Sept. 11 terrorist attacks. It took on more meaning in 2007, when his son, then a 27-year-old Army staff sergeant, was seriously injured in Iraq. Matthew Klein, a medic, was awarded the Bronze Star for Valor and a Purple Heart for injuries he suffered in the attack by a suicide bomber, according to the Army Human Resources Command.
"What do I get out of this? I get to die one of these days hoping my granddaughters and my grandsons will be safe from these monsters," Klein said while sipping a beer on the front porch of his home.
He claimed to have visited "every mosque in California" and identified "500 to 750 of these people who are future suicide bombers and murderers."
"Those are the guys I'm looking for. I'm not interested in mom and pop running a pizza store or running a smoky shop, a hookah shop," he said.
Klein works with his wife as an insurance agent out of a small office on the second floor of a downtrodden business complex in Hemet, a small city in the shadows of the San Jacinto Mountains about 90 miles southeast of Los Angeles. He describes himself as a failed real estate investor who lost 20 properties in the recession. In 2002, he was the American Independent Party's candidate for state insurance commissioner, receiving 2 percent of the vote.
The Southern Poverty Law Center says they have been tracking Klein for several years and have labeled two of the organizations he is affiliated with as hate groups.
Klein founded Courageous Christians United, which conducts protests outside abortion clinics, Mormon temples and mosques, and started Concerned Citizens for the First Amendment, which preaches against Muslims and publishes volumes of anti-Muslim propaganda that Klein distributes. He also has helped train paramilitary militias at the church of Kaweah near Three Rivers, about an hour southeast of Fresno, to prepare for what they believe is a coming holy war with Muslim sleeper cells, according to the law center.
"It's extreme, ugly, violent rhetoric and the fact that he's involved in that weapons training at that church, when you combine things like weapons training with hatred of a people, that's very concerning to us. Those are the kind of things that lead to hate crimes," said Heidi Beirich, director of the center's Intelligence Project.
Beirich said her group has not linked Klein to any violence. A review of California court records shows only two minor traffic cases for Klein.
Klein is not affiliated with the church of Kaweah, Pastor Warren Mark Campbell said. He was invited to speak about Islam and hasn't been back in more than a year.
Klein dismissed the concerns of his critics, angrily calling them "the wife-beaters and the pedophiles."
"Those people are screwballs. End of comment," he said.
What Klein has been eager to discuss in the days since his name became publicly linked to Nakoula is his role in the film's creation and his own political views.
Klein said he recognized parallels between what he saw in Vietnam, where he says he infiltrated Viet Cong cells, and "Muslim sleeper cells" he began finding after the Sept. 11 terrorist attacks. He visits mosques and confronts young Muslim men who "dress up like Osama bin Laden and Yasser Arafat."
Military records obtained by the AP from the National Personnel Records Center in St. Louis show he served in the Marine Corps from 1968 to 1977 on active duty and received a service star for participating in the campaign in Vietnam. He also received a good conduct medal and a combat action medal before retiring in 1980 with the rank of first lieutenant.
"I'm kind of an unsophisticated James Bond operative. I want to piss this guy off, I want to find out, Why does he want to kill me?" he said. "Why does he want to capture my daughter and granddaughter and rape them? Why does this guy want to act this way?"
That work indirectly led him to his affiliation with Nakoula, an Egyptian Christian living outside Los Angeles, who contacted him about making an anti-Muslim movie.
Klein reviewed the script and then the man disappeared, only to resurface months later with a complete film ready to show at a movie theater in Hollywood.
The filmmaker's idea was to give the film a title that would draw in "hardcore Muslims" and then trick them into watching a movie that bashed Islam in the hopes that they would give up their faith, Klein said.
Nakoula papered Southern California mosques with flyers about the "Innocence of Muslims," but not one ticket was sold, said Klein, who said Nakoula was crushed.
The AP has tried without success to find a copy of the entire film.
Later, a 14-minute trailer showed up on YouTube and has been blamed for inflaming mobs that attacked U.S. missions in Egypt and Libya this week as well as U.S. Embassy in Yemen on Thursday. U.S. Ambassador Chris Stevens was one of four Americans killed Tuesday in an attack in Libya.
Klein said he had no regrets about participating in the movie's creation.
"Do I have blood on my hands? No. Did I kill this guy? No," he said. "Do I feel guilty that these people were incited? Guess what? I didn't incite them. They're pre-incited, they're pre-programmed to do this."
_______
Associated Press Writers Rachel Zoll and Randy Herschaft and Associated Press Researcher Rhonda Shafner in New York; Tracie Cone in Three Rivers, Calif., and Amy Taxin in Los Angeles contributed to this report.
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Friday, September 14, 2012
Team handshakes to go ahead in QPR-Chelsea match
Associated Press Sports
updated 12:05 p.m. ET Sept. 14, 2012
LONDON (AP) -Team handshakes between Queens Park Rangers and Chelsea will go ahead before Saturday's Premier League match, with John Terry and Anton Ferdinand coming face to face for the first time since a high-profile racism trial.
Terry, the Chelsea and England defender, was cleared in court in July of racially abusing Ferdinand in the corresponding league match at Loftus Road last year.
The buildup to the latest derby between the west London rivals has been dominated by question marks over whether Ferdinand and his teammates will snub Terry in the traditional pre-match ritual.
However, following talks with QPR and Chelsea, the Premier League released a statement on Friday saying: "All parties understand and acknowledge that the pre-match handshake will go ahead as part of the normal pre-match activity."
Chelsea manager Roberto Di Matteo said his team would adhere to the protocol to "set a positive standard to the millions of people watching across the world."
The comments of QPR manager Mark Hughes were ambiguous.
Hughes said his players will follow the orders of the Premier League if instructed - but then added that he wasn't going to force Ferdinand or his teammates to shake hands with Terry.
"Everybody has a mind of their own and will make a personal decision," Hughes said.
"It's unfortunate that they're in a situation where it's in the public domain. Anton is fine, there's no problem with him."
The handshakes were scrapped twice for Chelsea-QPR matches last season on legal advice but Terry was acquitted since then.
The former England captain is awaiting the outcome of a Football Association charge in relation to the same case.
"I'm conscious of the fact that every time we play Chelsea, the issue of the handshake clouds everybody's mind and the focus is taken away from a great Premier League game," Hughes said.
The issue regarding team handshakes is set to crop up again next week when Liverpool hosts Manchester United in the Premier League at Anfield, in the wake of a racism row between Luis Suarez and Patrice Evra.
Suarez refused to shake hands with Evra before a match at Old Trafford in February, soon after completing an eight-match ban for racially abusing the Manchester United defender in a league game in October.
The Liverpool and Uruguay striker apologized for his actions, which reignited the racial issues that have blighted English soccer this season.
? 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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More newsCraziest rivalry in American sports?
??Video: The Sounders and the Timbers don't like each other, the fans don't like each other and it will be a lively atmosphere. Portland has a chance to win the Cascadia Cup, which would give them local bragging rights.
Great time to be an American fan
PST: The level of quality writing/reading/televising/producing/etc. about soccer grows exponentially every year. Was any of this possible 10 years ago? Of course not. There?s no stopping the momentum.
Source: http://nbcsports.msnbc.com/id/49032677/ns/sports-soccer/
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Wisteria Blooms at J. Mendel
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Source: http://news.yahoo.com/wisteria-blooms-j-mendel-163226739.html
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The Mysterious Q3 2013 OEM Deal - SiriusBuzz
Yesterday Mel Karmazin spoke at Bank of America Merrill Lynch Media Communications and Entertainment Conference. ?During the conference CEO Mel Karmazin was asked about an OEM deal that was scheduled to take effect after Q3 of 2013, and that the OEM deal would be good for EBITDA. ?This question, and Mel Karmazin?s elusive answer seems to have started a bit of speculation, some of it wild.
What we do know is that SiriusXM (NASDAQ:SIRI) has already negotiated a new deal with General Motors and the new terms of that deal start after Q3 of 2013. ?Mel had indicated that the company does not talk about specific deals, or offer up specific details, but there has been past indications that a new deal was reached with GM, and that it was better for the company.
In my opinion there is no new and earth shattering deal on the table. ?The next natural question is how this deal is better for EBITDA. ?There has already been some speculation by analysts that the GM deal, after Q3 of 2013, will be more like the Toyota deal. ?Long term readers know what that means, but for those that are newer to SiriusXM, I will explain before going into how this helps EBITDA.
SiriusXM garners subscribers in three ways from car manufacturers. ?I title these categories ?Leading?, ?Point-of Sale?, and ?Trailing?. ?Leading delivers subscribers at the time a vehicle is produced and the car manufacturer pays for a trial subscription. ?Companies like Ford and Chrysler fit into this category. ?Essentially every single satellite radio equipped Ford gets counted as a subscriber. ?The Point-of-Sale delivers subscribers at the time a car is sold and includes companies like GM. ?Every GM car equipped with satellite radio is counted as a subscriber for at least the trial period. ?Lastly, the Trailing category does not count any satellite radio equipped car as a subscriber. ?The only time a subscriber is counted is after the trial period and only if the consumer elects to become self paying and keep the service.
Before moving forward we should explore the original GM deal. ?That deal carried a 45% revenue share (based on a subscription price of $10 per month) and GM paid $20 toward the 3 month promotional subscription. ?It was the most expensive revenue share deal in the entire OEM channel. ?Simply getting the revenue share down to something along the lines of the 25% that Ford is rumored to receive would be a substantial victory to EBITDA. ?If the new deal gets a bigger payment from GM, that would also help.
What if the new deal is like the Toyota deal? ?The first impact would be that the subscriber number and guidance for subscribers would be impacted dramatically. ?In the current deal, GM installs a satellite radio in 65 out of every 100 cars. ?That generates 65 subscribers to the subscriber line. ? Under a trailing model, the same 65 radios would be installed, but none would be counted at the time of sale. ?After 3 months, 45% of those 65 radios would elect to keep the service and 30 subscribers would be generated. ?This impacts SAC, churn, ARPU, and other metrics. ?IF GM moves to the trailing category, the model for SiriusXM and many metrics will need to be adjusted.
The way EBITDA is impacted is garnering more revenue, cutting costs of installation, and cutting revenue share. ?That can happen in the point-of-sale category as well as in the trailing category. ?Essentially, the deal will be better. ?Depending on how it is structured it may impact many metrics. ?Will the company give the details? ?Not yet. ?Looks like we will have to see.
Source: http://siriusbuzz.com/the-mysterious-q3-2013-oem-deal.php
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Israeli court: Settlers can return to Hebron home
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Source: http://news.yahoo.com/israeli-court-settlers-return-hebron-home-174854042.html
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Tuesday, September 4, 2012
President Obama appears in Jay-Z concert video
NEW YORK (Reuters) - Jay-Z got a boost from President Barack Obama over the weekend at the Budweiser Made In America festival in Philadelphia, where the hip-hop mogul was both an organizer and headline performer.
In a pre-recorded video, Obama said Jay-Z's personal story is "what Made In America means" and urged concert-goers to vote, according to press reports.
Obama will face off against former Massachusetts Governor Mitt Romney in the November 6 presidential election.
Jay-Z, a rapper who hails from the housing projects of Brooklyn, is among hip hop's most successful entrepreneurs.
(Reporting By Edith Honan; Editing by Eric Beech)
Source: http://news.yahoo.com/president-obama-appears-jay-z-concert-video-213252120.html
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Obama says Romney would bring a 'losing season'
President Obama heads to his car after arriving at Toledo Express Airport in Swanton, Ohio, Sunday, Sept. 2, 2012. (AP Photo/Madalyn Ruggiero)
President Obama heads to his car after arriving at Toledo Express Airport in Swanton, Ohio, Sunday, Sept. 2, 2012. (AP Photo/Madalyn Ruggiero)
Floodwaters from Hurricane Isaac inundate structures in Scaresdale , La., Sunday, Sept. 2, 2012. More than 200,000 people across Louisiana still didn't have any power five days after Hurricane Isaac ravaged the state. Thousands of evacuees remained at shelters or bunked with friends or relatives. (AP Photo/Gerald Herbert)
TOLEDO, Ohio (AP) ? President Barack Obama warned union workers in football-crazy Ohio on Monday that Republican Mitt Romney would guide the nation to a "losing season," imploring voters in the battleground state to take his opponent's plan and "punt it away."
Ahead of a trip to Louisiana to view flood damage from Hurricane Isaac, Obama marked Labor Day by using a series of sports analogies to dismiss Romney, who told voters in Iowa last weekend that it was "time to get a new coach. It's time for America to see a winning season again, and we're going to bring it to them."
"I've got one piece of advice for you about the Romney-Ryan game plan: Punt it away. It won't work. It won't win the game," Obama said in Toledo. "You don't need that coach. That's a losing season."
Obama was mixing politics and presidential empathy on a holiday traditionally known as an election-year turning point, with summer closing and more voters paying attention to the race for the White House. The president was trying to win over voters in Ohio, one of the seven most contested states likely to decide the Nov. 6 election.
Speaking to members of the United Auto Workers and United Steelworkers, Obama noted his decision to rescue automakers General Motors and Chrysler in 2009, a move that Romney opposed.
"If America had thrown in the towel like that, GM and Chrysler wouldn't exist today," Obama said. "The suppliers and the distributors that get their business from these companies would have died off too. Then even Ford could have gone down as well."
The recoveries of GM and Chrysler have been recurrent themes in Obama's re-election campaign, particularly in states such as Michigan and the battleground of Ohio.
"These jobs are worth more than just a paycheck. They're a source of pride. They're a ticket into middle class life. These companies are worth more than just the cars that they build. They're a symbol of America's innovation," Obama said. "They're a source of our manufacturing might. If that is not worth fighting for, than what is?"
Obama's pitch to working families came as Democrats pressed labor unions for their support at rallies in Rust belt states. In Detroit, Vice President Joe Biden told auto workers at a Labor Day rally that Romney had sidestepped the auto bailout at last week's GOP convention. "You didn't hear him talk about was his position to quote, 'Let Detroit go bankrupt,'" Biden said, pointing to an editorial Romney wrote arguing against government intervention in the auto industry.
Turning to Romney's weekend football metaphor, Obama offered a lengthy sports-infused rebuttal, telling the union workers that on first down, Romney would hike taxes by nearly $2,000 on an average family with children. "Sounds like unnecessary roughness to me," Obama said.
On second down, Obama said Romney "calls an audible" and gets rid of regulations. "And then on third down, he calls for a 'Hail Mary,'" Obama said, by proposing turning Medicare into a voucher-like system for future retirees. "But there's a flag on the play: Loss of up to an additional $6,400 a year for the same benefits you get now."
"That's their playbook. That's their economic plan," Obama said.
In Louisiana, Obama planned to visit one of the areas hardest by the hurricane, St. John the Baptist Parish, about 30 miles west of New Orleans. Obama was viewing the storm damage and assess recovery efforts before addressing reporters. Romney, his rival in the White House race, visited the state on Friday after accepting his party's presidential nomination one night earlier.
For both men, showing election-year concern for people recovering from a disaster without making an overt political event of their visit has been a priority. The White House offered no criticism when Romney, a private citizen determined to oust Obama from his job, drew attention to the needs of the people of Louisiana ? and himself ? with his visit to the state.
Obama too has been regularly calling state officials, mayors and other officials to show support and command of the federal response. He has done so while juggling campaign rallies in Iowa, Colorado and now Ohio and working on his convention speech while aboard Air Force One.
The Democratic National Convention begins Tuesday; Obama will speak on Thursday night. Days after Isaac passed, roughly 200,000 people across Louisiana still lack power, and thousands of evacuees were in shelters or staying with friends or relatives.
___
Follow Ben Feller at http://twitter.com/BenFellerDC
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