Parole Board urges Brown to release former Charles Manson follower










LOS ANGELES (AP) — California's governor has been asked to make the final decision on whether a former Charles Manson follower will be released on parole after serving more than 40 years in prison.

The state's Board of Parole Hearings submitted to Gov. Jerry Brown its recommendation that Bruce Davis is suitable for parole.

The 70-year-old Davis was convicted with cult leader Manson and another man in the killings of a musician and a stuntman. He was not involved in the infamous Sharon Tate murders.

California Department of Corrections spokeswoman Terry Thornton says the board had until Monday to deliver legal documents to Brown, but they submitted the package Friday.

Brown has up to 30 days to act on the parole decision. Gov. Arnold Schwarzenegger rejected a previous parole recommendation for Davis.

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Reformers Aim to Get China to Live Up to Own Constitution


Pool photo by Ed Jones/Getty images


A recent speech by Xi Jinping in which he stressed the need to enforce the Constitution has stirred hope among reformers.







BEIJING — After the chaos of the Cultural Revolution, the surviving Communist Party leaders pursued a project that might sound familiar to those in the West: Write a constitution that enshrines individual rights and ensures rulers are subject to law, so that China would never again suffer from the whims of a tyrant.




The resulting document guaranteed full powers for a representative legislature, the right to ownership of private property, and freedoms of speech, press and assembly. But the idealism of the founding fathers was short-lived. Though the Constitution was ratified in 1982 by the National People’s Congress, it has languished ever since.


Now, in a drive to persuade the Communist Party’s new leaders to liberalize the authoritarian political system, prominent Chinese intellectuals and publications are urging the party simply to enforce the principles of their own Constitution.


The strategy reflects an emerging consensus among advocates for political reform that taking a moderate stand in support of the Constitution is the best way to persuade Xi Jinping, the party’s new general secretary, and other leaders, to open up China’s party-controlled system. Some of Mr. Xi’s recent speeches, including one in which he emphasized the need to enforce the Constitution, have ignited hope among those pushing for change.


A wide range of notable voices, among them ones in the party, have joined the effort. Several influential journals and newspapers have published editorials in the last two months calling for Chinese leaders to govern in accordance with the Constitution. Most notable among those is Study Times, a publication of the Central Party School, where Mr. Xi served as president until this year. That weekly newspaper ran a signed editorial on Jan. 21 that recommends that the party establish a committee under the national legislature that would ensure that no laws are passed that violate the Constitution.


After the end of the party’s leadership transition last November, liberal intellectuals held a meeting at a hotel in Beijing to strategize on how to push for reform; constitutionalism was a major topic of discussion. At the end of the year, 72 intellectuals signed a petition that was drafted by a Peking University law professor who had helped organize the hotel meeting. In early January, a censored editorial on constitutionalism at the liberal newspaper Southern Weekend set off a nationwide outcry in support of press freedoms.


Several people involved in the advocacy say their efforts are not closely coordinated, but that rallying around the Constitution was a logical first step to galvanize reform.


“We have a common understanding that constitutionalism is a central issue for China’s reform,” said Zhang Qianfan, the law professor who drafted the petition. “The previous reform was preoccupied with economic aspects. But we learned from the experiences of the recent two decades that economic reform can go wrong if it’s not coupled with political reform, or constitutional reform actually.”


Through the decades, party leaders have paid lip service to the Constitution, but have failed to enforce its central tenets, some of which resemble those in constitutions of Western democracies. The fifth article says the Constitution is the supreme authority: “No organization or individual may enjoy the privilege of being above the Constitution and the law.” Any real application of the Constitution would mean severely diluting the party’s power.


It is unclear whether the latest push will be any more successful than previous efforts. A decade ago, a similar wave of advocacy failed to significantly alter the status quo, despite some initially encouraging words from Hu Jintao, the newly designated president at the time. The authorities admonished scholars who took part in seminars on the issue, and propaganda officials ordered the state news media not to publish articles on calls for constitutional government.


Liberals have been encouraged by a speech that Mr. Xi gave on the 30th anniversary of the Constitution in which he said, “The Constitution should be the legal weapon for people to defend their own rights.” He added that implementation was needed for the document to have “life and authority.” Analysts say the speech, delivered Dec. 4, was much stronger than the one given by Mr. Hu on the Constitution’s 20th anniversary. And on Jan. 22, Mr. Xi said in a speech to an anticorruption agency that “power must be put in the cage of regulations.”


But Deng Yuwen, an editor at Study Times, said he had so far only seen talk from Mr. Xi. “We have yet to see any action from him,” Mr. Deng said. “The Constitution can’t be implemented through talking.”


And since taking power, Mr. Xi has appeared more concerned with maintaining party discipline than opening political doors. In remarks made during a recent southern trip that have circulated in party circles, Mr. Xi said China must avoid the fate of the Soviet Union, which broke apart, in his view, after leaders failed to stick to their socialist ideals and the party lost control of the military.


In part, liberals advocating constitutional checks on power have been energized by the party’s takedown of Bo Xilai, the polarizing former Politburo member who is expected to be prosecuted soon on charges of corruption and subverting the law.


One journal supported by reform-minded party elders, called Yanhuang Chunqiu, published a New Year’s editorial that said fully carrying out the Constitution would mean “our country’s political system will take a big step forward.”


Mia Li contributed research.



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BlackBerry Z10 Smartphone Already Going for $1,500 on eBay






The new BlackBerry Z10 smartphone won’t be out for weeks, but you can already get your hands on it via eBay for about $ 1,500.


BlackBerry — the company formerly known as Research In Motion (RIM) — announced the new smartphone at an event earlier this week and handed out samples to guests and members of the press in attendance. It didn’t take long for the Z10, which could potentially turn around the struggling company, to pop up on eBay.






[More from Mashable: BlackBerry’s Secret Weapon: Women]


One page notes “this particular device was given to all attendees of the Jan. 30, 2013 product launch.”


[More from Mashable: Don’t Hold Your Breath for More BlackBerry Tablets]


BlackBerry didn’t tell attendees what they can or can’t do with the device, which comes unlocked, according to the listing, and without a SIM card.


Four units are currently being sold on eBay, with bids starting at $ 800 and rising quickly. The auction for the one going for $ 1,500, which has eight bids so far, will end this afternoon.


Images by Mashable and via eBay, eBay


Click here to view the gallery: BlackBerry Z10 Review


This story originally published on Mashable here.


Gadgets News Headlines – Yahoo! News





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Jennifer Hudson & Alicia Keys Deliver Powerful Super Bowl Performances















02/03/2013 at 06:45 PM EST



stippled-photo
And Super Bowl XLVII begins. Minutes before kickoff, Jennifer Hudson and Alicia Keys took to the field to deliver powerful performances of their own.

Accompanied by a children's chorus from Sandy Hook elementary school, Hudson sang "America the Beautiful." Then, Keys belted out her rendition of "The Star-Spangled Banner" while playing piano.

With Beyoncé's halftime show just a few plays away, the big game seems more like a concert than a football game.

Tell us in the comments which songstress stole your heart.

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New rules aim to get rid of junk foods in schools


WASHINGTON (AP) — Most candy, high-calorie drinks and greasy meals could soon be on a food blacklist in the nation's schools.


For the first time, the government is proposing broad new standards to make sure all foods sold in schools are more healthful.


Under the new rules the Agriculture Department proposed Friday, foods like fatty chips, snack cakes, nachos and mozzarella sticks would be taken out of lunch lines and vending machines. In their place would be foods like baked chips, trail mix, diet sodas, lower-calorie sports drinks and low-fat hamburgers.


The rules, required under a child nutrition law passed by Congress in 2010, are part of the government's effort to combat childhood obesity. While many schools already have improved their lunch menus and vending machine choices, others still are selling high-fat, high-calorie foods.


Under the proposal, the Agriculture Department would set fat, calorie, sugar and sodium limits on almost all foods sold in schools. Current standards already regulate the nutritional content of school breakfasts and lunches that are subsidized by the federal government, but most lunchrooms also have "a la carte" lines that sell other foods. Food sold through vending machines and in other ways outside the lunchroom has never before been federally regulated.


"Parents and teachers work hard to instill healthy eating habits in our kids, and these efforts should be supported when kids walk through the schoolhouse door," Agriculture Secretary Tom Vilsack said.


Most snacks sold in school would have to have less than 200 calories. Elementary and middle schools could sell only water, low-fat milk or 100 percent fruit or vegetable juice. High schools could sell some sports drinks, diet sodas and iced teas, but the calories would be limited. Drinks would be limited to 12-ounce portions in middle schools and to 8-ounce portions in elementary schools.


The standards will cover vending machines, the "a la carte" lunch lines, snack bars and any other foods regularly sold around school. They would not apply to in-school fundraisers or bake sales, though states have the power to regulate them. The new guidelines also would not apply to after-school concessions at school games or theater events, goodies brought from home for classroom celebrations, or anything students bring for their own personal consumption.


The new rules are the latest in a long list of changes designed to make foods served in schools more healthful and accessible. Nutritional guidelines for the subsidized lunches were revised last year and put in place last fall. The 2010 child nutrition law also provided more money for schools to serve free and reduced-cost lunches and required more meals to be served to hungry kids.


Sen. Tom Harkin, D-Iowa, has been working for two decades to take junk foods out of schools. He calls the availability of unhealthful foods around campus a "loophole" that undermines the taxpayer money that helps pay for the healthier subsidized lunches.


"USDA's proposed nutrition standards are a critical step in closing that loophole and in ensuring that our schools are places that nurture not just the minds of American children but their bodies as well," Harkin said.


Last year's rules faced criticism from some conservatives, including some Republicans in Congress, who said the government shouldn't be telling kids what to eat. Mindful of that backlash, the Agriculture Department exempted in-school fundraisers from federal regulation and proposed different options for some parts of the rule, including the calorie limits for drinks in high schools, which would be limited to either 60 calories or 75 calories in a 12-ounce portion.


The department also has shown a willingness to work with schools to resolve complaints that some new requirements are hard to meet. Last year, for example, the government relaxed some limits on meats and grains in subsidized lunches after school nutritionists said they weren't working.


Schools, the food industry, interest groups and other critics or supporters of the new proposal will have 60 days to comment and suggest changes. A final rule could be in place as soon as the 2014 school year.


Margo Wootan, a nutrition lobbyist for the Center for Science in the Public Interest, said surveys by her organization show that most parents want changes in the lunchroom.


"Parents aren't going to have to worry that kids are using their lunch money to buy candy bars and a Gatorade instead of a healthy school lunch," she said.


The food industry has been onboard with many of the changes, and several companies worked with Congress on the child nutrition law two years ago. Major beverage companies have already agreed to take the most caloric sodas out of schools. But those same companies, including Coca-Cola and PepsiCo, also sell many of the non-soda options, like sports drinks, and have lobbied to keep them in vending machines.


A spokeswoman for the American Beverage Association, which represents the soda companies, says they already have greatly reduced the number of calories that kids are consuming at school by pulling out the high-calorie sodas.


___


Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick


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Court urges charges be reinstated for paparazzo in Bieber chase









An appeals court has recommended that charges be reinstated for a photographer who chased singer Justin Bieber on the 101 Freeway in the first case involving a California anti-paparazzi law that was deemed unconstitutional by a Los Angeles County judge.


The conclusion of the court's preliminary analysis of the case means that the judge who invalidated the law as a violation of the 1st Amendment must reconsider his decision or stand by it and have the three-judge appeals panel conduct a full hearing.


Superior Court Judge Thomas Rubinson ruled in November that although Los Angeles city prosecutors could proceed with traffic-related charges against Paul Raef, the two other charges related to the anti-paparazzi driving law did not pass constitutional muster.





But City Atty. Carmen Trutanich appealed Rubinson's decision.


The appeals court indicated in its initial analysis last week that the special vehicle code for punishing photographers who drive dangerously to obtain images to sell does not violate the 1st Amendment.


"The statute is not constitutionally infirm because it is neither vague nor over-broad," the panel wrote.


The notice of intent is not an order or a ruling, but the trial judge can revisit the decision based on the preliminary conclusions.


"The city attorney continues to believe that the law is constitutional, protects public safety and welcomes the notice issued by the appellate division," the city attorney's office said in a statement. "We look forward to another opportunity to hear the matter in the trial court."


The appellate division gave Rubinson 15 days to vacate his ruling and hold a hearing. If the judge declines to vacate his decision, the appellate judges will proceed to a briefing and oral arguments.


"We are optimistic that the trial judge will stand by the ruling," Dmitry Gorin, one of Raef's lawyers, said.


In his November ruling, Rubinson said the law passed by the state Legislature violated 1st Amendment protections by overreaching and by potentially affecting such people as wedding photographers or photographers speeding to a location where a celebrity was present.


His ruling came less than six months after Bieber was pulled over by the California Highway Patrol on the 101 Freeway in the San Fernando Valley and cited for driving his Fisker sports car at high speed. The pop star said he was being chased by a freelance paparazzo later identified as Raef.


Los Angeles city prosecutors filed charges against the 30-year-old photographer for allegedly chasing Bieber and then speeding off when police tried to pull over both Bieber and Raef.


Raef was charged with reckless driving, failing to obey a peace officer, two counts of following another vehicle too closely and reckless driving with the intent to capture pictures for commercial gain.


richard.winton@latimes.com





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The Lede Blog: Two Iranian Space Monkeys Got Confused, an Official Says

A senior official at Iran’s space agency confirmed on Saturday that state media reports on the launching of a monkey into the thermosphere had used images of two different monkeys. The official insisted, however, that the monkey had survived the journey and that Iran was not trying to cover up a failed flight.

As The Lede explained on Friday, doubts about Iran’s claim that the monkey had survived the journey spread after journalists noticed that the monkey pictured in the first reports from state-run news organizations had a prominent mole over its right eye, before the launch, but had clear skin when it showed up at postflight celebrations broadcast on Iranian television the next day.

Video from Iranian television of the monkey that Iran says it launched into space.

The space agency official, Mohammad Ebrahimi, told The Associated Press in Tehran that the first images provided to Iran’s official news outlets to illustrate their reports had mistakenly shown another of the five monkeys that trained for the flight at the space agency — the one with the mole — and not the one that had actually taken part.

A report from Press TV, Iran’s English-language satellite news channel, broadcast on Monday used the still images of the first monkey.

A report on simian space travel broadcast on Monday on Press TV, Iran’s state-run news channel.

The second monkey was featured in a Press TV report broadcast on Tuesday.

A report on Iran’s space monkey broadcast on Tuesday by Press TV.

In his interview with The A.P., Mr. Ebrahimi insisted that the monkey that had made the flight was in good health and said that of several monkeys that had been trained for the flight, the one that seems least stressed for the journey had been chosen at the last moment. One of the photographs of the monkey with the mole over its eye did appear to show the monkey in distress while strapped into a launch seat.

The space agency did not, apparently, offer to disprove rumors that one of the monkeys had died by showing them both to the A.P. reporter on Saturday.

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Sony likely to unveil next PlayStation on Feb. 20






NEW YORK (AP) — Sony is poised to unveil the next PlayStation game console on Feb. 20, a date that would give the Japanese electronics company a head start over Microsoft‘s expected announcement of an Xbox 360 successor in June.


Sony Corp. invited journalists to an evening press event in New York City. The company has not said what it plans to show off, but signs indicate that it’ll be the PlayStation 4. Sony would only say that it “will deliver and speak about the future PlayStation business.”






Such a console would follow Nintendo‘s Wii U, which launched last fall, and precede Microsoft Corp.‘s next Xbox game console, which will likely be unveiled in June at the E3 video game conference in Los Angeles.


Wedbush analyst Michael Pachter said it’s a “super smart” move for Sony to pre-empt Microsoft. This way, the PlayStation 4 will get the spotlight without much competition.


The currently available PlayStation 3 went on sale in 2006, a year after the Xbox 360. But Xbox 360 has been more popular, largely because of its robust online service, Xbox Live, which allows people to play games with others online. The Wii is still the top seller among the three consoles, though it has lost momentum in recent years.


The Wii U was the first of the newest generation of video game consoles to launch, but sales so far have been disappointing. Nintendo Co.’s president, Satoru Iwata, acknowledged recently that the Wii U and the handheld Nintendo 3Ds didn’t do well over the holidays, but he ruled out a price cut for the new console.


All three console makers are trying to position their devices as entertainment hubs that go beyond games as they try to stay relevant in the age of smartphones and tablet computers. Such hubs can deliver TV shows, movies and music. The Wii U has a TV-watching feature called TVii. With it, the console’s touch-screen GamePad controller becomes a remote control for your TV and set-top box. TVii groups your favorite shows and sports events together, whether it’s on live TV or an Internet video service such as Hulu Plus. And it offers water-cooler moments you can chat about on social media.


Gaming News Headlines – Yahoo! News





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Busy Philipps Feels No Pressure to Bounce Back After Baby

Busy Philipps Body After Baby Pressure
David Livingston/Getty


Busy Philipps may be willing to dish out style advice to fellow expectant mamas — but she’s not about to start breaking out the postpartum weight loss lectures.


Currently pregnant with her second child, the Cougar Town star admits that while her celebrity status opens her up for public scrutiny, she’s not planning a big bounceback after baby.


“Like most things in this business, I think that you have to do what’s right for you and you can’t be too concerned about what some magazine is going to write about you,” Philipps, 33, tells HuffPost Celebrity.


“We’re in a business where a lot of people are blessed with pretty incredible bodies, that they work hard for or comes naturally, and not everybody has the same body.”

According to Philipps, staying healthy is priority during pregnancy and women “should be given a break” when it comes to packing on the extra pounds — especially by those dubious doctors!


“It’s interesting when people make comments about celebrities’ weight gain or lack of weight gain as if they’re a medical professional that’s treating that celebrity,” she notes. “Like, ‘This doctor does not treat Jessica Simpson, but thinks her weight is unhealthy.’ If you don’t treat her, then how do you know?”


After the arrival of daughter Birdie Leigh, now 4, the actress took her time regaining her post-baby bod — a journey, she says, lasted almost a year — preferring to instead instill a positive attitude (and approach) in her little girl.


“I wanted to be healthy for her and have a healthy body image so that she hopefully grows up to see that her self worth isn’t defined by how thin she is,” Philipps explains.


“Thrilled to be expecting another baby with husband Marc Silverstein, Philipps wasn’t sure if expanding their tight-knit trio was even in the cards for the couple. No one, however, was more ecstatic over the news than the big sister-to-be, whose wish is finally coming true.


“My daughter is very excited … it’s actually something that she has asked for for quite some time,” she says. “My husband and I were on the fence about whether or not we were going to add to our family, but now that we’re on our road, we’re really excited.”


– Anya Leon


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New rules aim to get rid of junk foods in schools


WASHINGTON (AP) — Most candy, high-calorie drinks and greasy meals could soon be on a food blacklist in the nation's schools.


For the first time, the government is proposing broad new standards to make sure all foods sold in schools are more healthful.


Under the new rules the Agriculture Department proposed Friday, foods like fatty chips, snack cakes, nachos and mozzarella sticks would be taken out of lunch lines and vending machines. In their place would be foods like baked chips, trail mix, diet sodas, lower-calorie sports drinks and low-fat hamburgers.


The rules, required under a child nutrition law passed by Congress in 2010, are part of the government's effort to combat childhood obesity. While many schools already have improved their lunch menus and vending machine choices, others still are selling high-fat, high-calorie foods.


Under the proposal, the Agriculture Department would set fat, calorie, sugar and sodium limits on almost all foods sold in schools. Current standards already regulate the nutritional content of school breakfasts and lunches that are subsidized by the federal government, but most lunchrooms also have "a la carte" lines that sell other foods. Food sold through vending machines and in other ways outside the lunchroom has never before been federally regulated.


"Parents and teachers work hard to instill healthy eating habits in our kids, and these efforts should be supported when kids walk through the schoolhouse door," Agriculture Secretary Tom Vilsack said.


Most snacks sold in school would have to have less than 200 calories. Elementary and middle schools could sell only water, low-fat milk or 100 percent fruit or vegetable juice. High schools could sell some sports drinks, diet sodas and iced teas, but the calories would be limited. Drinks would be limited to 12-ounce portions in middle schools and to 8-ounce portions in elementary schools.


The standards will cover vending machines, the "a la carte" lunch lines, snack bars and any other foods regularly sold around school. They would not apply to in-school fundraisers or bake sales, though states have the power to regulate them. The new guidelines also would not apply to after-school concessions at school games or theater events, goodies brought from home for classroom celebrations, or anything students bring for their own personal consumption.


The new rules are the latest in a long list of changes designed to make foods served in schools more healthful and accessible. Nutritional guidelines for the subsidized lunches were revised last year and put in place last fall. The 2010 child nutrition law also provided more money for schools to serve free and reduced-cost lunches and required more meals to be served to hungry kids.


Sen. Tom Harkin, D-Iowa, has been working for two decades to take junk foods out of schools. He calls the availability of unhealthful foods around campus a "loophole" that undermines the taxpayer money that helps pay for the healthier subsidized lunches.


"USDA's proposed nutrition standards are a critical step in closing that loophole and in ensuring that our schools are places that nurture not just the minds of American children but their bodies as well," Harkin said.


Last year's rules faced criticism from some conservatives, including some Republicans in Congress, who said the government shouldn't be telling kids what to eat. Mindful of that backlash, the Agriculture Department exempted in-school fundraisers from federal regulation and proposed different options for some parts of the rule, including the calorie limits for drinks in high schools, which would be limited to either 60 calories or 75 calories in a 12-ounce portion.


The department also has shown a willingness to work with schools to resolve complaints that some new requirements are hard to meet. Last year, for example, the government relaxed some limits on meats and grains in subsidized lunches after school nutritionists said they weren't working.


Schools, the food industry, interest groups and other critics or supporters of the new proposal will have 60 days to comment and suggest changes. A final rule could be in place as soon as the 2014 school year.


Margo Wootan, a nutrition lobbyist for the Center for Science in the Public Interest, said surveys by her organization show that most parents want changes in the lunchroom.


"Parents aren't going to have to worry that kids are using their lunch money to buy candy bars and a Gatorade instead of a healthy school lunch," she said.


The food industry has been onboard with many of the changes, and several companies worked with Congress on the child nutrition law two years ago. Major beverage companies have already agreed to take the most caloric sodas out of schools. But those same companies, including Coca-Cola and PepsiCo, also sell many of the non-soda options, like sports drinks, and have lobbied to keep them in vending machines.


A spokeswoman for the American Beverage Association, which represents the soda companies, says they already have greatly reduced the number of calories that kids are consuming at school by pulling out the high-calorie sodas.


___


Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick


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