Senate Showdown Coming for Appellate Judicial Nominees - The ...

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A showdown on the confirmation vote of a federal appellate judicial nominee, scheduled for Monday, could be a pivotal moment for how many appeals court bench spots the Senate will fill during the rest of this year.

Majority Leader Sen. Harry Reid (D-Nev.) is forcing a vote Monday afternoon on Robert Bacharach, of Oklahoma, for the U.S. Court of Appeals for the Tenth Circuit, a nominee considered to be highly qualified and noncontroversial. The move is a direct challenge to Republicans who have leaked plans that they will block all circuit court judges for the rest of the presidential election year.

But it is also Reid's only option for moving forward on the circuit court nominees this congressional session, as Republicans cite a loosely defined Senate tradition of backing off from filling circuit court seats in the waning months of a president's term, dubbed "The Thurmond Rule."

If Reid succeeds in getting enough Republicans votes to overcome the filibuster, it could pave the way for other noncontroversial circuit court nominees awaiting confirmation this year, including William Kayatta, Jr., of Maine for the U.S. Court of Appeals for the First Circuit, and Richard Taranto, nominated to the Federal Circuit.

If Reid does not succeed, it would suggest Minority Leader Mitch McConnell (R-Ky.) has party members in line to solidify a freeze on any circuit court confirmations until next Congress, nomination watchers say.

"I think the spotlight is more on McConnell than it is on Reid," said Russell Wheeler, a Brookings Institution fellow who has watched federal judicial nominations for decades. "It's a real test of McConnell's control of his caucus."

And, of course, there could be a deal worked out before Monday afternoon's vote. In March, on the verge of a series of cloture votes on nominees, Reid and McConnell agreed to hold confirmation votes for 12 district court and two circuit court nominees at a rate of about two per week.

The Senate has confirmed district and circuit court judges at a rate of about one per week so far this year. There are 20 nominees who have been approved by the Senate Judiciary Committee, all but four on essentially unanimous voice votes, and await a vote on the Senate floor.

The Senate is only in session for 15 more weeks this year, including next week, the last before a four-week summer break that ends Sept. 10.

Last month, the American Bar Association?sent a letter to Senate leaders?expressing a "grave concern" for the high number of longstanding federal judicial vacancies. The group urged floor votes on three noncontroversial appellate court nominees last?month.

Reid's filing of a cloture motion on Bacharach's nomination, which needs 60 votes and would allow an up-or-down vote on confirmation, could "jumpstart" the Senate on judicial deal-making, said Carl Tobias, a University of Richmond School of Law professor and nomination watcher.

"It's clear we're running out of time," Tobias said. "I do think it's pivotal, certainly in this presidential election year, especially on appellate nominees, but it will play back on district nominees, too."

Reid will need at least seven Republicans to vote for cloture, assuming he has all votes from the 53 Democrats and Independents. He could get halfway there with the home-state senators of two nominees. Bacharach and Kayatta come from states with two Republican senators who have strongly supported confirmation votes for them, Tobias said.

Those senators would "just have to buck the leadership, and that's tough to do," Tobias said.

Source: http://legaltimes.typepad.com/blt/2012/07/senate-showdown-coming-for-appellate-judicial-nominees.html

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Wall Street rises on stimulus hopes, earnings

NEW YORK (Reuters) - Wall Street rose on Friday following a report on economic growth which met expectations and on hopes for further stimulus from the Federal Reserve and the European Central Bank.

Economic growth slowed, as expected, in the second quarter as consumers spent at their most sluggish pace in a year. The figure was better than investors' worse fears but still weak enough to potentially push the Fed closer to pumping more money into the economy.

"You're in that spot where bad news is good news, as long as it's not atrocious or horrible," said Gordon Charlop, a managing director at Rosenblatt Securities in New York. "If there's bad news and it forces the Fed to do something, to stimulate, it's actually a positive."

Stocks leapt nearly 2 percent on Thursday, erasing much of the losses for the week, after European Central Bank chief Mario Draghi said he would do whatever it takes to save the euro. That followed a story in the Wall Street Journal earlier in the week, which was seen as heralding a new round of stimulus by the Fed.

Amazon.com shares rose 5.7 percent to $232.55 after reporting improved profit margins Thursday after the market closed. The company said the improvement was due to growth in its third-party merchant hosting and cloud computing services, which are more profitable than its retail operations.

Facebook Inc shares tumbled 14 percent, hitting an all-time low of $22.28, a day after it reported a drastic slowdown in revenue growth and failed to offer financial forecasts that eased fears about its ability to boost advertising growth.

The Dow Jones industrial average gained 102.89 points, or 0.80 percent, to 12,990.82. The Standard & Poor's 500 Index rose 14.42 points, or 1.06 percent, to 1,374.44. The Nasdaq Composite Index climbed 32.19 points, or 1.11 percent, to 2,925.44.

Merck & Co provided the biggest boost to the Dow after it reported better-than-expected quarterly earnings despite a stronger dollar, with robust sales growth of its vaccines and treatments for diabetes and HIV. The shares rose 3.1 percent to $44.68.

Optimism over further stimulus measures has helped offset a mixed corporate earnings season, with many companies beating profit forecasts but often missing revenue projections and warning about sluggish global growth.

Through Friday morning, of the 290 in the S&P 500 that have reported earnings to date for Q2 2012, about two-thirds have reported earnings above analyst expectations, according to Thomson Reuters data.

Starbucks Corp cut its outlook for the current quarter, citing global economic weakness and a recent slowdown in visits in the United States, its biggest market for sales and profits, sending shares tumbling more than 10.9 percent to $46.67.

Gross domestic product expanded at a 1.5 percent annual rate between April and June, the weakest pace of growth since the third quarter of 2011, the Commerce Department said on Friday.

(Reporting by Anna Louie Sussman; Editing by Kenneth Barry)

Source: http://news.yahoo.com/stock-futures-signal-higher-open-focus-data-084156869--finance.html

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Denied flats, top armymen are targeting us: Adarsh society ? Indian ...

28 07 2012

Urvi Mahajani.

Terming the ministry of defence?s (MoD?s) notice claiming ownership of land where the 31-storey Adarsh housing society stands as ?illegal and bad in law?, the society has alleged it is being targeted by high-ranking army officers who were not granted membership.

?The ministry has issued a notice now just to harass the society and with an ulterior motive to stake claim on the ownership of the property. Some high-ranking officers of the ministry want to settle scores with the members of Adarsh society as they could not get membership,? the society said through its advocate Manish Desai of Vidhi Partners, on Thursday.

The society was responding a notice sent by the MoD on May 28 to the state government and Adarsh society asking them to hand over possession of the land where the building stands. The MoD had also sought that the state acknowledge its title and ownership of the plot within two months. The government has still not replied to the notice.

In its reply, the society claimed it had been allotted land by the government as per the law. It also alleged that the MoD had issued a notice as an afterthought and with mala fide intentions to defame its members.

Several defence personnel have appeared before the judicial commission and produced documentary evidence in relation to the title of the land.

It was after going through the evidence and the MoD counsel?s arguments that the inquiry commission probing the Adarsh scam concluded that the land belongs to the state government and not the ministry, added the reply.

Also, the notice was ?bad in law? as it has been sent by the general officer commanding of Maharashtra, Goa and Gujarat, who is not a competent authority. Only the defence estates office of the MoD has powers to send such a notice. The reply reads, ?The notice has been sent without power and without sanction from the MoD.?

The society also said only the Supreme Court has jurisdiction to decide on suit of title of the land. The MoD said if it was not given possession of the land in two months, it would file a civil title suit in the high court.

-via DNA.

Source: http://indianmilitarynews.wordpress.com/2012/07/28/denied-flats-top-armymen-are-targeting-us-adarsh-society/

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Facebook matches expectations, stock still plummets after hours

The mystery is over: We now know whether or not Facebook is actually making money. In its first-ever earnings report released today, the social networking giant reported a net profit of $0.12 earnings per share on quarterly revenues of $1.18 billion. The earnings report matched Wall Street?s expectations of $0.12 earnings per share and revenues of $1.15 billion. Advertising revenue accounted for $992 million of the company?s total revenues. Facebook?s share price dropped by more than 10% in after-hours trading immediately following the news, dipping below $25.

A major reason for the drop was that Facebook only made money on the quarter after excluding negative impact of pre-2011 restricted stock unit compensation. Without that adjustment the company would have posted a net loss of $157 million or $0.08 per share.

Get more from BGR.com: Follow us on Twitter, Facebook

Source: http://news.yahoo.com/facebook-matches-expectations-stock-still-plummets-hours-201006507.html

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Signing Kids to Play NCAA Football: From the Perspective of a Teen ...

On today?s Sports Spin, Andy Lee and myself discussed the news of the?University of Washington?signing?14-year-old, Tate Martell, to a football?scholarship.?He accepted it from Steve Sarkisian, the Huskie?s?head coach. Also, Dylan Moses out of Baton Rouge is being sought after by LSU. Wait?what?

The NCAA has completely skipped high school and has gone straight to the playground.?Granted these kids are impressive and for the most part are already sizing up to some college ball players.?But nonetheless, they are children. I couldn?t help but want to see some?tape on these kids, but came across another prodigy player, one who puts?youth recruiting into perspective.

I?m not against prepping our children?for the future, but I do believe this will take it?s toll on these young athletes and add additional pressure to the already competitive fields they play on as teens. Today, parents and coaches tend to set similiar standards in youth sports in an effort to mirror those on the professional playing fields. This just isn?t realistic.

Again, I?m not disregarding the talent of these middle-schoolers, because I?m sure it?s pretty cool to rep a USC or Huskie cap to recess ? but how young is too young?

Source: http://krod.com/signing-kids-to-play-ncaa-football-from-the-perspective-of-a-teen-player/

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Fishing and life lesson | Life & Health Insurance

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Fishing and life lesson

Summer is the best time for you to go fishing. It is because during the summer, the water will feel warm which means that there will be a lot of fish that you can catch. When you are going fishing, choosing the best gear such as Hardy Proaxis will be one of the priorities that you need to think about. If you have already been spending your life fishing, I am sure that you already know about what kind of gear that you need to bring when you are fishing. However, your kid might know nothing about it. So, why do we need to bring our kid to fishing? Well, for me, it is important to tag along with your kid to go fishing, especially if you have a son. Your son will be the best partner for your fishing trip and in fact, fishing can make learn about a lot of things. Today, we might need to take a look at how fishing can give your son a good lesson in this life.Let us take a look at the first lesson that your son will learn during the fishing trips. The first life lesson that your kid might learn is about choices in life will bring you different result. How is it similar with fishing? Here it is. If you want to catch particular fish, it means that you need to select a particular rod suitable to catch the fish. For example, if you use the Hardy Glass Fly Rod, it means that you will only get some particular types of fish. It is just similar with taking choices in the real life. Next, fishing will also teach your kids about how to be patients to get something in life. Even though you have already settled with your Hardy Perfect Trout, you need to be calm and steady waiting for the fish to bite your hook and snap.

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Source: http://musingsofavastright-winger.blogspot.com/2012/07/fishing-and-life-lesson.html

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Sandusky shower abuse victim to sue Penn State

FILE - In this combination of 2012 file photos, former Penn State University assistant football coach Jerry Sandusky, left, leaves the Centre County Courthouse in Bellefonte, Pa. in handcuffs, and former Penn State assistant football coach Mike McQueary waits in line for a public viewing for Penn State football coach Joe Paterno in State College, Pa. A man who claims to be the unknown victim molested in a Penn State shower by Sandusky in a case that led to Paterno's firing intends to sue the university for its "egregious and reckless conduct" that facilitated the abuse, his lawyers said Thursday, July 26, 2012. The identity of so-called Victim 2 has been a central mystery in the Sandusky case, and jurors convicted Sandusky last month of offenses related to him judging largely by the testimony of McQueary, who was a team graduate assistant at the time and described seeing the attack. (AP Photo/Gene J. Puskar)

FILE - In this combination of 2012 file photos, former Penn State University assistant football coach Jerry Sandusky, left, leaves the Centre County Courthouse in Bellefonte, Pa. in handcuffs, and former Penn State assistant football coach Mike McQueary waits in line for a public viewing for Penn State football coach Joe Paterno in State College, Pa. A man who claims to be the unknown victim molested in a Penn State shower by Sandusky in a case that led to Paterno's firing intends to sue the university for its "egregious and reckless conduct" that facilitated the abuse, his lawyers said Thursday, July 26, 2012. The identity of so-called Victim 2 has been a central mystery in the Sandusky case, and jurors convicted Sandusky last month of offenses related to him judging largely by the testimony of McQueary, who was a team graduate assistant at the time and described seeing the attack. (AP Photo/Gene J. Puskar)

(AP) ? For months, the identity of the boy who was sexually assaulted in the locker-room showers by Jerry Sandusky was one of the biggest mysteries of the Penn State scandal. Now, for the first time, a man has come forward publicly to claim he was that boy, and is threatening to sue the university.

The man's lawyers said Thursday they have done an extensive investigation and gathered "overwhelming evidence" on details of the abuse by Sandusky, the former assistant football coach convicted of using his position at Penn State and as head of a youth charity to molest boys over a period of 15 years.

Jurors convicted Sandusky last month of offenses related to so-called Victim 2 largely on the testimony of Mike McQueary, who was a team graduate assistant at the time and described seeing the attack.

"Our client has to live the rest of his life not only dealing with the effects of Sandusky's childhood sexual abuse, but also with the knowledge that many powerful adults, including those at the highest levels of Penn State, put their own interests and the interests of a child predator above their legal obligations to protect him," the lawyers said in a news release.

They did not name their client, and The Associated Press generally does not identify victims of sex crimes without their consent.

The university said it was taking the case seriously but would not comment on pending litigation.

University President Rodney Erickson and the board of trustees, a school spokesman said, "have publicly emphasized that their goal is to find solutions that rest on the principle of justice for the victims."

The statement from the man's attorneys said Victim 2 suffered "extensive sexual abuse over many years both before and after the 2001 incident Michael McQueary witnessed."

McQueary testified in December at a hearing that he had seen Sandusky and a boy, both naked, in a team shower after hearing skin-on-skin slapping sounds.

"I would have described that it was extremely sexual and I thought that some kind of intercourse was going on," McQueary said.

McQueary reported the abuse to school officials, including Paterno, but none of them told police. In a recent report conducted by former FBI Director Louis Freeh and commissioned by Penn State, the investigators excoriated Paterno and the other administrators for not attempting to identify Victim 2, saying it showed "a striking lack of empathy."

Trustees fired Paterno, who has since died, because he failed to do more about claims against Sandusky, and the scathing independent review said several top school officials looked the other way because they were afraid of bad publicity. The NCAA has vacated 112 Penn State wins.

In a pair of voicemails recorded last year, released with the statement and posted online by the lawyers, a voice that's purportedly Sandusky's expresses his love and says he wants to express his feelings "up front."

The voicemails are dated Sept. 12 and Sept. 19, less than two months before the former Penn State coach was arrested on child sex abuse charges. Sandusky was convicted in June of 45 sex abuse counts and awaits sentencing.

The second voicemail asks whether Victim 2 would like to attend Penn State's next game.

Sandusky left "numerous" voicemails for their client that fall, the attorneys said.

Before the trial, defense attorney Joe Amendola said he had met with a man he believed he might be Victim 2 and the man told him he had not been abused by Sandusky. Amendola said he was not convinced and did not intend to subpoena him, but also said Sandusky himself was insistent they had the right person.

The statement from Victim 2's lawyers leaves many questions unanswered, including whether he had been in contact with prosecutors before or during the trial, whether he remembers McQueary, and whether he is the same person who met with Amendola.

"Jerry Sandusky's abuse of Victim 2 and other children is a direct result of a conspiracy to conceal Sandusky's conduct and the decisions by top Penn State officials that facilitated and enabled his access to victims," the statement read. "We intend to file a civil lawsuit against Penn State University and others and to hold them accountable for the egregious and reckless conduct that facilitated the horrific abuse our client suffered."

The statement did not say when the lawsuit would be filed or contain details on what redress the plaintiff is seeking. The lawyers said they would not have further comment, and messages left for their spokesman were not immediately returned.

Several messages seeking comment from Amendola and Sandusky's other lawyer, Karl Rominger, were not immediately returned.

Prosecutors had said on several occasions they did not know the identity of the boy, and they offered no reaction to the lawyers' announcement Thursday.

"We can't comment, given both our ongoing criminal prosecutions and our ongoing investigation," said Nils Frederiksen, spokesman for the attorney general's office.

The attorneys who released the statement include several based in Philadelphia and in State College, home to Penn State's main campus ? where the shower assault took place.

___

Online:

Lawyers' statement and voicemails: http://bit.ly/NYmGvl

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-07-26-Penn%20State-Abuse/id-204e3051c8d644409a17b0e7845d7714

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Liberty Ross Tweets Fuel Fire of Rupert Sanders & Kristen Stewart Affair


Did Kristen Stewart cheat on Robert Pattinson with Rupert Sanders?

It's the question all celebrity gossip followers are asking today, following reports by three separate outlets (People, Us Weekly and E! News) that all point to a fling between the Snow White and the Huntsman star and her director.

Rupert Sanders and Liberty Ross

Now adding fuel to that fire? A few online actions by Liberty Ross, Sanders' 33-year old wife and the mother of his two children.

The model has left two Tweets since the Us Weekly cover hit the Internet, both making it appear as if she's buying into the story.

FIRST, she simply wrote "Wow," a seemingly innocuous word until you dig deeper and the last user Ross followed was none other than Us Weekly.

SECOND, she left the cryptic message: "sometimes good things fall apart so better things can fall together."

Ross has since deleted her Twitter account.

Moreover, Ross penned a blog entry earlier this summer about the premiere of Snow White and the Huntsman, including with it a photo of herself, Stewart and Charlie Theron.

"Last night was quite a night for me and my family - the worldwide premiere of Snow White and the Huntsman," she wrote at the time. "We have lived and breathed this project every day now for two years, so to release it to the world last night was extremely exciting."

But the posting is now gone.

[Photo: WENN.com/Fayesvision]

Source: http://www.thehollywoodgossip.com/2012/07/liberty-ross-tweets-fuel-fire-of-rupert-sanders-and-kristen-stew/

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Source: http://lornehouseleven.com/getting-good-involving-trading-tips/

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PFT: Steelers extend Tomlin's deal through 2016

Cowboys Bryant Arrested FootballAP

Cowboys receiver Dez Bryant and his mother appeared at a press conference Tuesday, which turned out to be little more than a statement-reading.

?I would love to make a statement, but I can?t,? he said, via Tim McMahon of ESPNDallas.com.

Bryant?s mother Angela has already declared she doesn?t want to press charges against her son after last week?s incident that resulted in a family violence arrest.

So their attorney, Royce West, issued the following statement on their behalf Tuesday (which was oddly enough reprinted at the Cowboys? official website).

?Mr. Bryant and his mother, Angela are appearing here today because they feel it is important to address recent reports that Mr. Bryant committed family violence against his mother,? the statement read. ?Although Dez would like to speak to this matter, on the advice of counsel, he will not make any statements at this time.

?Did a family disagreement occur? Yes. Did Dez Bryant commit family violence against his mother? No.

?They are here together today to show they do love and support each other, just as much as they did before the incident a week ago. But like all families, the Bryants have disagreements.

?Mr. Bryant and his family understand the serious nature of family violence. They believe when all the facts are reviewed, Mr. Bryant will be cleared of any allegations of family violence.

?Angela Bryant does not want charges filed against her son. Ms. Bryant has had an opportunity to speak with other people who witnessed the incident and has filed an Affidavit of Non Prosecution with the DeSoto Police Department. She recognizes that under the law, filing of the affidavit may not impact the legal outcome of her complaint. She asks that her affidavit be taken into consideration in deciding whether it is in the best interest of her family for this to continue in the legal system or allow them to resolve the issue as a family.

?Dez and his mother believe this is a family matter that can be worked out through counseling.

?They ask there not be a rush to judgment concerning their family. They also ask for your continued prayers and support for their family as they work through this matter.?

Yes, by all means, turning out as props for dog-and-pony show is certainly the best way to respect the sanctity of the family. Especially a family which includes people who strike other family members. Or ?threaten to kill?the other. Even if he ?loves her to death.?

Source: http://profootballtalk.nbcsports.com/2012/07/24/steelers-extend-mike-tomlins-deal-through-2016/related/

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