Monday, December 31, 2012

Orthopedic Foot and Ankle Center ? OFAC Health & Fitness ...

December 30, 2012

Challenge #1- 5K Run/Walk

Complete a 5K Run/Walk (3.1miles).? Join us for?Frist on the First at the Westerville Community Center or complete a 5K on your own during the first week of the?competition. Record your time for future use.

The 5K can be done inside or outside, grab a friend and make it fun.?The deadline to post a picture of yourself participating in the challenge or showing your completed time is due on the?OFAC Facebook page by Sunday, January. 6, 2013,

Source: http://www.orthofootankle.com/2012/12/ofac-health-fitness-challenge-1/

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Assault Rifles Selling Out Like Hotcakes

Source: http://www.thehollywoodgossip.com/2012/12/assault-rifles-selling-out-like-hotcakes/

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Wall Street tries to see past 'cliff'; outlook clouded

22 hrs.

As investors gaze across the "fiscal cliff," some see a better economy on the far side, making stocks and risk assets more appealing and bonds less so in the year ahead.

But there are many caveats to that scenario and some of them will be decided in the next few days as politicians struggle to strike a deal that would avert a fall off the "fiscal cliff." The cliff is the double-barreled blow to the economy from the reversal of dozens of tax breaks and the onset of automatic spending cuts, agreed as a solution to the contentious 2011 debt- ceiling debate.

Congress meets Sunday evening and may consider the latest proposals.

Stocks were spooked in the past week by the lack of movement in discussions between Congress and President Barack Obama. As the market closed Friday, the absence of new developments during talks underway at the White House provided a void for selling. The Dow fell 1.2 percent to 12,938, giving it a loss of 1.9 percent for the week. The S&P 500 fell 1.1 percent to 1402, for a one week loss of 1.9 percent. The Nasdaq lost 2 percent for the week to 2960.

Congressional leaders late Friday left the White House without a deal, setting the stage for a weekend of raw nerves. Obama said he was still optimistic the Senate leadership could come up with a deal that would?pass both houses, but he also laid out a second plan for a straight up-or-down?vote on middle class tax cuts if they can't reach an agreement.

The president repeated that strategy in an exclusive interview on NBC's "Meet the Press" Sunday in which he scolded House Republicans for not having come to an agreement sooner.

"They say that their biggest priority is making sure that we deal with the deficit in a serious way, but the way they're behaving is that their only priority is making sure that tax breaks for the wealthiest Americans are protected," Obama said. "That seems to be their only overriding, unifying theme."

Obama said if Congress failed to agree on a deal and if the straight up-or-down vote was blocked, the first bill introduced in the new year would propose a cut in taxes for the?middle class.?

"Now I think that over the next 48 hours, my hope is that people recognize that, regardless of partisan differences, our top priority has to be to make sure that taxes on middle-class families do not go up. That would hurt our economy badly," Obama said.?

He warned that if there was?no deal by Jan. 1, it could hurt financial markets.?

"What's been holding us back is the dysfunction here in Washington," he said. "And if people start seeing that on January 1st this problem still hasn't been solved, that we haven't seen the kind of deficit reduction that we could have had had the Republicans been willing to take the deal that I gave them, if they say that people's taxes have gone up, which means consumer spending is going to be depressed, then obviously that's going to have an adverse reaction in the markets."

House Speaker John Boehner (R-Ohio) dismissed the president's criticism, and pointed the finger of blame at Obama.

"Republicans made every effort to reach the 'balanced' deficit agreement that the president promised the American people, while the president has continued to insist on a package skewed dramatically in favor of higher taxes that would destroy jobs," Boehner said in a statement reacting to the 'Meet the Press' interview.

"We've been reasonable and responsible. The president is the one who has never been able to get to 'yes,'" Boehner said.?

Obama: GOP's insistence on halting tax hikes for the wealthy is blocking 'cliff' deal

Stock futures fell sharply after the market closed Friday.?

"You could tell a lot of people were very skittish about their trades," said Patrick Kernan of Cardinal Capital. "Everybody is fearful of what exposure they have right now. Right now, we're thinking if they reach a deal we go back to around where we were a week ago, right around 1440" on the S&P 500. If there's no deal, "we think it goes down 30 to 50 points."

Kernan, who trades S&P 500 options, said the market was swarmed by investors seeking portfolio protection Friday.?

"The other side of this thing from an investment standpoint, is if there's a deal, I don't know what the number is but is it a five-percent rally from here? Is it a three-percent rally?" said?said James Paulsen, chief investment strategist at Wells Capital Management.? "There's risk on both sides of the trade, and I think that's been helping keep this reaction more muted than it otherwise might be."

"The cliff isn't December 31. The real cliff is somewhere down the line when the tax bite and spending cuts start to hurt," he said. "The most optimistic agreement was not that we got this done before the deadline.The most optimistic was we get it done right on deadline, and I think it was fully expected it would get really ugly right before that?the other reality is if it doesn't get done until mid-January it's not going to hurt anything."

Paulsen said the market's anxiety will increase the longer it goes on. "If we go over, the market reaction will start to build?I don't think it will fall apart if we go over. I think if we start to get to the second half of January, I think they'll get way more concerned."

Wait, There's More
Besides the action on Capitol Hill, there is the December employment report Friday and some other key data to look forward to in the week ahead. That includes Thursday's December car sales and chain-store sales and Wednesday's ISM manufacturing data. The minutes of the Fed's last meeting are also expected Wednesday afternoon.

But the outcome of the cliff discussion and congressional votes will be what drives markets in the week and months ahead, and what will ultimately decide whether the U.S. can be a driver of the global economy or a drag on it in 2013.

"I don't think the story is over yet," said Citigroup economist Steven Wieting. "We all expected agony . It just seems we keep adding to it."

"There's compromise that's needed and now seemed like a good time, but they already let the window substantially pass. The opportunity to have a really big framework has passed," Wieting added.

He?described a another possible scenario. "They're going to completely leave the debt ceiling out of this, and they're going to leave any signs of structural reform out of this. Then we have a deal that includes future cliff dates. That would leave uncertainty in play."

Yet, analysts and economists also see a possible optimistic outcome, where the cliff is fixed, at least in part, either by New Year's or several days later, and the debt ceiling and remaining issues are dealt with in the first part of the year. If that's the case, it might unleash economic growth, as consumer and business confidence improve.

"I think the global economy is going to surprise on the upside," said Ed Keon, portfolio manager with Quantitative Management Associates. Keon believes Congress will make a deal to avoid the cliff, and he sees gains in the U.S. economy as well as improvement in the European debt crisis and a pickup in the emerging world. "I think in the European situation, time is on our side and everyday things look a little better."

He also sees the U.S. ending the year with stronger growth. "It's hard to believe Washington would want to hurt the economy with malice of foresight," he said. "Doing a small deal will be viewed that they might be able to do a bigger deal."

Kind of a Small Deal
"We'll get a deal," said Steven Stanley, chief economist at Pierpont Securities. "It will be a small deal that will address some of the more onerous aspects of the cliff. Tax rates, they're going to have to address the AMT, and they're going to have to do something with sequestration cuts,?either delay them or rejigger them. I think they'll probably do something on state and dividend tax rates, the Medicare doc fix and they'll probably extend the unemployment benefits."

It's the bigger deal, on the debt ceiling, that will be most difficult and most important in terms of the longer term strength of the economy. Treasury secretary Tim Geithner warned this past week that the U.S. will reach the debt ceiling limit Monday, but that the Treasury can make some adjustments to keep the government funded for a couple months while Congress works out a deal. The hope is that Congress would find a way to deal with bigger tax reform and entitlement spending issues as part of that debate.

Forget the 'fiscal cliff," the debt ceiling is much scarier

Avoiding the cliff, even with scaled back tax increases,?will not leave the economy unscathed but it should not trigger the recession expected if the cliff were hit. "Basically if we let the payroll tax expire it's going to blunt consumer spending in the beginning of the year, even if we know about it," Stanley said. "The upper income tax increases are not a free lunch either. It's substantially lower than the full cliff."

One of the most public points of contention is at what income level, Bush-era tax cuts are reversed. Both Republicans and Democrats agree tax rates should remain the same for 98 percent of taxpayers, but the disagreement is over taxing the rich and that's what the Senate leadership will have to tackle this weekend.

Obama did not specify on "Meet the Press" which income level he would accept. He has consistently promoted $250,000 as the dividing line between those who would continue to benefit from Bush-era tax cuts and those who would see their taxes increase. But the figure has been a bargaining chip in the negotiations.

The economy could handle that and move on, Wieting said. "If it's a fiscal tightening between 1 and 1.5 percent of GDP, the economy would absorb that in a discrete way and probably move on to stronger growth in the second half of the year. It could be better. It could be clearer. It could be sooner," he said.?

Wieting said, however, the more unresolved issues and pushed-out deadlines there are, the worse it will be for the economy because business spending would remain constrained.

Here's what happens to you if we go over the fiscal cliff

Wieting expects growth in the beginning of the year of about 1 percent, and assuming a resolution of the cliff and debt ceiling issues,?growth could accelerate to 3 percent by the end of the year.

The economic data this week should continue to show the same slow growth in employment, but possibly stronger auto sales and improved manufacturing. Economic data, particularly housing-related data, has been largely better than expected.

Stanley expects the December nonfarm payrolls to be about the same as November's 146,000. "I have 150,000 but that includes a couple of special factors that I think will push the number up a little bit," said Stanley. One of those factors is the addition of couriers, temporarily hired to deliver holiday gifts. Last year, that category gained 40,000 in December, and lost the same amount in January, he said.

The week's economic events:

Monday

  • ?Final trading day of 2012
  • "Fiscal Cliff" deadline

Tuesday

  • New Year's Day, markets closed

Wednesday

  • 10:00 am: ISM manufacturing
  • 10:00 am: Construction spending
  • 2:00 pm: FOMC minutes

Thursday

  • ?Monthly vehicle sales
  • Monthly chain store sales
  • 8:15 am: ADP employment
  • 8:30 am: Jobless claims

Friday?

  • 8:30 am: Employment report
  • 10:00 am: ISM nonmanufacturing report
  • 10:00 am: Factory orders

Source: http://www.nbcnews.com/business/economywatch/wall-street-tries-see-beyond-fiscal-cliff-outlook-clouded-1C7776738

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Bai Ling: Fashion Fail

OMG – Bai Ling is know for her wacky behavior fashion choices so this really shouldn’t come as a surprise. But girlfriend looks like a freakin bumble bee. I mean I can see where she was going with this – loose the hat and maybe it would be cute,. But he fluffy BRIGHT yellow hat is just too much. She should pack it away and save it for Halloween though. Girlfriend may win a prize. She gets bonus points for stepping out of her car like a lady though – so we won’t rag on her too much. What do you think?

Source: http://feedproxy.google.com/~r/RightCelebrity/~3/JO1rOQHbtmc/

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Orthopedic Foot and Ankle Center ? 2013 OFAC Health & Fitness ...

Welcome to the 2013?OFAC Health & Fitness Challenge. Getting started is the hardest part ? congratulations to everyone for signing up!

This year, Dr. Philbin has put a challenge together that will help you accomplish your fitness goals, while also encouraging us to work together. ??Registration has been strong with over 130 participants joining us from around the country.

We?ve heard your feedback from past years and have tailored the 2013 challenge to better assist you in meeting your goals. It?s our goal to keep everyone updated on the weekly point totals throughout the challenge and improving the communication during the entire challenge.

There are 3 components to the challenge scoring ??Each is worth 1/3 of your total score.

1. BodPod ? Improvement in body composition. (percent change from weigh in to weigh out)

2. Weekly Challenges ? points will be given weekly for completing.

3. D1 Fitness Assessment ? Improvement in?times and reps for each combine task.

FOLLOW THESE STEPS AND GET ON THE ROAD TO WINNING!

1. Work on improving your body composition by managing your diet and increasing exercise.

2. Complete the weekly challenges. The weekly challenges are designed to introduce some variety into your routine. Every Sunday evening the weekly challenge for the week will be posted on the OFAC blog and announced on the OFAC Facebook page. Complete the weekly challenge, then post a picture of yourself completing the challenge on the OFAC Facebook page (this is very important to ensure proper scoring).

The first weekly challenge will be the?First on the First 5K. If you cannot join us, feel free to run a 5K (3.1 miles) on your own. Don?t forget to take a picture of yourself completing the challenge as well as document your time. We will be using that time for comparison at the end of the challenge (hint, for another weekly challenge).

3. Improve your D1 fitness assessment times and reps with exercise, conditioning and practice.

The OFAC Facebook page is challenge headquarters ? use the page to share your accomplishments, post comments, ask questions, and most importantly logging your weekly challenge results. We look forward to celebrating everyone?s?accomplishments and announcing the winner at the challenge weigh out party in April (date & location to be provided). The 2013 winner will receive a $300 gift certificate to FootSourceMD.com and will have their name immortalized on the OFAC Health & Fitness Challenge trophy!

Good luck to everyone and have fun with the challenge.

Dr. Terry Philbin & the OFAC Health & Fitness Challenge Team

Source: http://www.orthofootankle.com/2012/12/2013-ofac-health-fitness-challenge-things-to-do-to-win/

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Russian Adoption Ban Could Help American Adoptions Rise ... - Fox 4

Posted on: 4:51 pm, December 30, 2012, by Barrett Tryon, updated on: 05:08pm, December 30, 2012

KANSAS CITY, Mo. ? On New Year?s Day, Americans will no longer be able to adopt children from Russia.

It?s a measure that has torn at the heart strings of people wanting to begin families. But, child advocates say it may also help thousands of kids in the American foster system find permanent homes.

?One of our hopes is that it will raise awareness for adoption and fostering in the U.S.,? said Craig Dinsmore, president of the Orphan Justice Center ? which helps kids transition from foster care to permanent homes.

?There are 200,000 kids waiting for adoption in the U.S. right now and they?re are plenty of homes that could take kids in and so that?s one of the hopes,? he said.

Adam and Stephanie Skylar adopted three children last year.

?It?s been an amazing process. We?ve grown to love them and they?ve grown to love us as a mom and dad,? Adam Parker said.

On the downside, it would prevent kids like 4-year-old Lucy from being adopted into a permanent home in the U.S.

Craig and his wife, Linda, hoped to adopt her from Russia in September. They say their friends in Georgia had home to bring home a little boy from Russia in January, but the ban put their plans on hold.

?If someone told me that I couldn?t get one of my children that it wasn?t possible any more I don?t know what I would do because whether we have the paperwork or not you start the process in your heart that they are your child,? Linda said.

Russian children with disabilities could be available for adoption by Americans if a Russian parliamentarian moves forward with his plan to submit an amendment to the measure.

Source: http://fox4kc.com/2012/12/30/russian-adoption-ban-could-help-american-adoptions-rise/

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Muskegon County GOP Elects ?Tea Party, Ron Paul-Types? As Executive Officers, Goes More Conservative

ron paul

By?Eric Gaertner

MUSKEGON COUNTY, MI ? The Muskegon County Republican Party is now being led by a more conservative and Libertarian-type executive committee.

Andrew Fink, a Muskegon Community College adjunct instructor of government and a former attorney, is the only holdover on the executive committee, moving up to chairman of the county Republican Party. He and the other newly elected officers apparently have more of a Ron Paul slant to their political thinking.

?Nearly all of the members elected by the precinct delegates are new to the executive committee,? Fink said. ?They are anxious to promote the principles of individual freedom and efficient government. They will give the party new life.?

The officers, who were elected during the Republican Party?s December meeting, are: Fink, of Whitehall, chairman; Amy Preston of Norton Shores, vice chairwoman; Brad Shafer of Fruitland Township, secretary; and Eric Rothoff of Twin Lake, treasurer.

Muskegon County GOP Elects ?Tea Party, Ron Paul-Types? As Executive Officers, Goes More Conservative [continued]

?

Source: http://feedproxy.google.com/~r/BreakTheMatrix/~3/HHnjfMEtlDU/

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Sunday, December 30, 2012

2013 NFL Draft: Watch Notes for Armed Forces, Pinstripe, Kraft Fight Hunter Bowls

We take a look at various draft prospects in the first three Saturday bowl games.

The college bowl season is in full swing as we approach the end of the calendar year, which means the 2013 NFL Draft season will be upon us shortly. We have had some basic NFL Draft discussion surrounding weekly Saturday college football, but it has been fairly basic. Now that the NFL regular season is coming to an end, it makes sense to ramp up our coverage.

Starting Monday, you'll start seeing content from Trevor Woods and Nick Chiamardas. I put out a call on Twitter for help providing coverage heading into the 2013 NFL Draft, and Trevor and Nick responded with solid writing backgrounds and a passion for both college football and the NFL. I wanted to try using two people for NFL Draft coverage so we can get even more out there and keep both guys fresh.

To get things started, Nick put together a look at the first three bowl games for today. Below he has provided a rundown of some notable prospects. Trevor has put together a look at the prospects from the remaining two games, and I'll have a separate thread for those just to break it up a bit. I'll pin this post into the cover for the first three games to keep the discussion up top.

All game times are pacific. Feel free to chip in with your own thoughts on prospects in each game.

Rice vs Air Force - Bell Helicopter Armed Forces Bowl - 8:45 a.m. ET ESPN

This matchup featuring two 6-6 teams probably doesn't get anyone jumping out of their seats in excitement. The games also leaves more to be desired as far a potential draft prospects for the Niners. One player to keep an eye on is Rice tight end Vance McDonald. McDonald has prototypical TE size at 6-5 260lbs, and with a good showing in the bowl game and in the Senior Bowl he should find his way onto an NFL roster in 2013. With the uncertainty surrounding Delanie Walker's status with team next year and what seems to be a constant search for a 'blocking' TE, it wouldn't surprise me to see the Niners take two TEs in this draft particularly when will likely have 13 picks (11 regular, 2 compensatory).

McDonald is coming off a decent season where he was third in receptions (35), yards (433) and touchdowns (2) for the Owls despite missing three games due to injury. Scouts believe if the big bodied TE shows improvement in his blocking he could work his way into the mid to late rounds of the draft.

West Virginia vs Syracuse - New Era Pinstripe Bowl - 12:15 p.m. ESPN

The Mountaineers certainly aren't short on NFL talent. With prolific passing games seemingly dominating the NFL, the talent at WVU should have no problems finding homes at the next level. We know Geno Smith will be a 1st round (likely top 10) pick. But it's highly unlikely Harbaalke would trade up given the emergence of Colin Kaepernick and Harbaugh's growing fondness of Scott Tolzien.

At wide receiver, two Mountaineers stand out. The tiny speedster Tavon Austin and legit NFL No. 2 Stedman Bailey who recently announced he'd enter the draft after this season.

Austin doesn't have the typical size at 5-9 but he has blazing speed and a knack for the end zone. He is a First Team AP All-American and caught 110 passes for 1,259 yards and 12 TDs as a slot receiver for WVU. He also rushed for 598 yards and 3TDs while adding 903 return yards on both punt and kickoff returns. Any skill player who accounts for 2,760 all purpose yards for one of the top offenses in major college football is worth a look. Unfortunately for Austin, his size will likely keep him out of the first round. He reminds scouts a lot of Chris Rainey the undersized RB out of Florida now playing with the Steelers. With the impending departure of the disappointing Ted Ginn, Jr., Austin would be a worthy replacement if the team is willing to spend a second round pick on him.

Teammate Stedman Bailey might have a better outlook as far as pure WR. The junior finished in among the nation's leaders in every major receiving category with 106 receptions, 1,501 yards, and a whopping 23 TDs which led the nation. Bailey apparently received a third round grade from scouts to which his QB Geno Smith took to twitter to defend, saying: "To say SB3 is a third round pic is absurd, the guy dominated every corner he lined up against..." While that may be true, we all know the Big12 lacks solid defenses and, as with Austin, Bailey's 5-10 height may hinder his draft stock. Who knows if Randy Moss will be back next year and what the development process of AJ Jenkins has been like? I wouldn't be shocked to see the Niners take a WR in the mid rounds, especially if they can get some help in the return game.

A potential sleeper pick from this team would be center Joe Masden. The 6-4 305lb lineman started 50 of 51 games in college and earned 2nd Team All Big 12 honors. He was also on the Lombardi Award preseason watch list. Masden will not play Saturday night as he has been ruled academically ineligible which will not help his chances. He'll need a good showing in workouts to make it in the late rounds.

On the other side, Syracuse QB Ryan Nassib has been a hot name of late. As we've learned year after year, QBs with size and arm strength almost always find a way into the top end of the draft. Nassib will be no different. However, as with Smith, it's hard to see a scenario where the 49ers select a QB in the first 3 or 4 rounds.

Syracuse SS Shamarko Thomas could be an option in the mid rounds. At 5-10 he lacks size desired from a SS but his 210lbs frame and sub 4.4 speed are intriguing. He's also quite versatile having lined up at LB and CB in addition to safety for the Orange. He is known for his style of play often plays with reckless abandon in throwing his body around the field looking for the big hit. Sound familiar? With Dashon Godson's future still yet to be determined and Harbaugh's love for tough physical special team's players, Thomas would be an ideal late round candidate.

Navy vs Arizona State - Kraft Fight Hunger Bowl - 1:00 p.n. ESPN2

Is it just me or have the names of these bowl games lost their luster? Not surprisingly the only draft prospects here are found on ASU's roster, as the men from Navy have much more important things to worry about after their football careers.

ASU Jr. DT Will Sutton hasn't declared for the draft yet but he just won the PAC12's defensive player of the year award so I'm considering him likely to throw his hat in the ring. Sutton is rather small for a pure DT but could be an ideal fit for DE in the 3-4. Listed at 6-1 272lbs, Sutton would certainly need to add some weight to compete at the next level. His non-stop motor and ability to cause disruption in the backfield has scouts drooling. Among his strengths is his uncanny ability to time the snaps and get off the ball extremely well. He possesses strong, active hands and feet and continuously proves he can get off blocks to pursue ball carriers. Depth on the defensive line is always invaluable. Contracts and age are going to be a question mark in the next couple of years so the 49ers will almost certainly stock up on young talent along the defensive line.

Brandon Magee an OLB for ASU could find his way into the later part of the draft but most likely as at 4-3 OLB so he probably won't be on the radar. Magee is a baseball prospect as well and could forgo the NFL draft altogether.

WR/KR Rashad Ross had a disappointing senior season and is looking at a very late round pick or undrafted free agent. He will be a project but with decent 6-0 size and above average speed, he could contribute as a kick returner right away.

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Source: http://www.ninersnation.com/2012/12/29/3813994/2013-nfl-draft-prospects-armed-forces-bowl-pinstripe-bowl-kraft-fight-hunger-bowl

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The Way To Pick The Best Internet Hosting Plan | Veritas India

Posted on December 29, 2012 by dufttuey508 in Internet

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Source: http://www.veritasindia.com/the-way-to-pick-the-best-internet-hosting-plan

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Pakistan official: 19 killed in attack on Shiites

QUETTA, Pakistan (AP) ? A suicide bomber driving a vehicle packed with explosives rammed into a bus carrying Shiite Muslim pilgrims in southwest Pakistan on Sunday, killing 19 people, a government official and eyewitnesses said.

Earlier Sunday, 21 tribal policemen believed to have been kidnapped by the Taliban were found shot dead in Pakistan's troubled northwest tribal region, government officials said.

Pakistan has experienced a spike in killings over the last year by radical Sunni Muslims targeting Shiites who they consider heretics. The violence has been especially pronounced in Baluchistan province, where the latest attack occurred.

In addition to the 19 people killed in the bombing in Baluchistan's Mastung district, 25 others were wounded, many of them critically, said Tufail Ahmed, a local political official. The blast completely destroyed the bus that was hit and damaged a second bus carrying Shiites that was close by.

An eyewitness who was traveling in the second bus told Pakistan's Geo TV that first bus contained over 40 pilgrims headed to neighboring Iran, a majority Shiite country that is a popular religious tourism destination.

A second eyewitness said the bomber rushed by in a pick-up truck, swerved in front of the first bus and slammed on the brakes. The bus slammed into the pick-up truck and then a big explosion occurred.

Neither of the eyewitnesses provided their names while being interviewed on TV.

Shiites make up around 15 percent of Pakistan's 190 million people. They are scattered around the country, but the province of Baluchistan has the largest community, mainly made up of ethnic Hazaras, easily identified by their facial features which resemble those of Central Asians.

Sunni extremists have long carried out attacks against Shiites in Pakistan. But the sectarian campaign has stepped up in recent years, fueled mainly by the radical group Laskar-e-Jangvhi, aligned to Pakistani Taliban militants headquartered in the tribal region. More than 300 Shiites have been killed in Pakistan this year, according to Human Rights Watch.

The violence has pushed Baluchistan in particular deeper into chaos. The province was already facing an armed insurgency by ethnic Baluch separatists who frequently attack security forces and government facilities. But the secessionist violence has been overtaken by increasingly bold attacks against Shiites.

The sectarian bloodletting adds another layer to the turmoil in Pakistan, where the government is fighting an insurgency by the Pakistani Taliban and where many fear Sunni hardliners are gaining strength. Shiites and rights group say the government does little to protect Shiites and that militants are emboldened because they are believed to have links to Pakistan's intelligence agencies.

The 21 tribal policemen who were shot dead were found by officials shortly after midnight Sunday in the Jabai area of Frontier Region Peshawar after being notified by one policeman who escaped, said Naveed Akbar Khan, a top political official in the area. Another policeman was found seriously wounded, said Khan.

The 23 policemen went missing before dawn Thursday when militants armed with rocket-propelled grenades and automatic weapons attacked two posts in Frontier Region Peshawar. Two policemen were also killed in the attacks.

Militants lined the policemen up on a cricket pitch late Saturday night and gunned them down, said another local official who spoke on condition of anonymity because he was not authorized to talk to the media.

Also Sunday, two Pakistani army soldiers were killed by a roadside bomb in the North Waziristan tribal area, the main sanctuary for Taliban and al-Qaida militants in the country, security officials said, speaking on condition of anonymity in line with official policy.

____

Associated Press writers Riaz Khan and Rasool Dawar in Peshawar, Pakistan, contributed to this report.

Source: http://news.yahoo.com/pakistan-official-19-killed-attack-shiites-074756030.html

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Spicy mala soup burns hole in stomach of Chinese man

No amount of Pepto-Bismol could calm the fire in one Chinese man's stomach after eating a notoriously spicy soup.

The mala soup, a traditional Chinese dish that means "numbing hot," burned a hole right through the stomach of the 26-year-old man, Asian News International reported.

More from GlobalPost: China: Go visit your elderly parents

The soup gets its name from the numbing sensation produced by its ingredients, which usually include Sichuan pepper, local spices and chili pepper, according to The Huffington Post.

The man ordered the spiciest version of the dish, and was rushed to a local hospital after experiencing sharp pains and vomiting blood.

More from GlobalPost: Englishman wakes from coma speaking Welsh

Doctors found a hole in the wall of his stomach, and declared the soup was to blame, The Daily Mail reported.

http://www.globalpost.com/dispatches/globalpost-blogs/weird-wide-web/spicy-mala-soup-burns-hole-in-stomach-chinese-man

Source: http://www.globalpost.com/dispatches/globalpost-blogs/weird-wide-web/spicy-mala-soup-burns-hole-in-stomach-chinese-man

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Iran to relocate airport after oil found under runway

Al Arabiya Saturday 29th December, 2012

Iran plans to relocate an airport in the southwest of the country after discovering oil deposits under its runway, media reported on Saturday. The National Iranian Oil Company "intends to buy Ahvaz airport due to the existence of oil deposits under the airport's tarmac," the state broadcaster's website quoted Mohammad Rasoulinejad, managing director of the Iranian Airports Company, as saying. "The government has approved the relocation of t...

Read more

Source: http://www.middleeaststar.com/index.php/sid/211647149/scat/940f2bfd509e743b

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Date Night: Molly's in Soulard Saint Louis

If you?re looking for a cozy yet hip locale to grab some food and drink with your main squeeze, Molly?s in Soulard, St. Louis is pretty great. It?s both a bar and?restaurant (aka the ?bistro?)?within 2 separate buildings and also includes an outdoor patio area. My husband and I took the opportunity, while visiting St. Louis, to leave the kids with Nana and enjoy a night out. Molly?s in Soulard features a creole style menu inspired by?Louisiana, but not quite as overly spicy?as true Cajun food (that makes me happy!).

Mollys in Soulard Saint Louis

Mollys in Soulard Saint Louis

I loved the decor. The walls are a rich, dark red paint and the furniture is an antique black with a tin ceiling in the bistro ? gorgeous! There are accents of handmade class and days gone by throughout the place. Red velvet booth benches, period style posters and images, old brick with hints of signage from previous venues still painted right on the brick along with various chalkboards and pretty handwriting add a touch of style. Even the lighting is gorgeous.

Molly?s also regularly hosts a variety of live entertainment ? you can check out the schedule on their event calendar.

Molly's front entrance

Molly?s front entrance

Molly's restaurant bar

Molly?s restaurant bar

The food was delicious. Not your typical steak and potatoes or burgers, yet they do have both. We tried some new flavors and some classics we both really love?

Shrimp and fried green tomatoes

Appetizer ? Shrimp and fried green tomatoes

French onion soup

French onion soup

Jambalaya

Jambalaya

Eggplant parmasean

Eggplant?parmesan

?

I enjoyed the entire meal.?I enjoyed the appetizer the most. It was full of yummy unexpected flavors and seemed to be cooked just perfectly. There was a creole type sauce combined with a smoked BBQ flavor along with perfectly cooked shrimp and really big fried green tomatoes. It was so good!?I started my meal with a ceasar salad while my husband had the soup. The french onion soup was rich and thick and delightful. It?s one of his favs and he thoroughly enjoyed it with the real french bread cut nice and thick and the cheese perfectly melted on top.

For our main courses, I had the eggplant parmesan and hubs had the jambalaya. While the eggplant?parmesan?was beautiful to look at and I loved the addition of cherry tomatoes in this classic dish, there?was a bit too much of it? so much cheese and sauce the eggplant was lost.?My husband really liked the jambalya. It was full of flavor, the rice was cooked perfectly and there was a nice array and quantity of meat with onions and a variety of peppers.?I don?t do spicy much, so just tasted a bite of crawfish ? yum! The servings aren?t too big, but big enough that we were stuffed before we even got to dessert. However, dessert is my fav, so we had to stay and try a bit. Although I loved the sauce, the beignets were on the tough chewy side? not the ?New Orleans? doughnut I had expected although I don?t think I?ve had a beignet before, so I had nothing to compare to. It was all tasty enough that not only would I go back, I?d try these same dishes again.

Bananas foster and beignets

Bananas foster and beignets

The Soulard neighborhood is pretty neat. It?s an older part of town, the streets are lined with old French style row houses that have been converted into townhomes and apartments. Over the past 10 years the area has slowly grown into a hip little community for the young professionals. You?ll find a variety of small restaurants and hangouts near Molly?s including the 1860 Game Room, right across the street.

Follow Molly?s on Twitter

Become a fan of Molly?s on Facebook

Molly?s in Soulard website

We asked our server if there was a ?Molly? representing the namesake of the restaurant, and he said? nope. The place was named after the original owner?s dog. Way to go Molly!

?

?

Source: http://www.100directions.com/date-night-mollys-in-soulard-saint-louis/

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Saturday, December 29, 2012

At least 15 killed in sect attack in north Nigeria

MAIDUGURI, Nigeria (AP) ? Witnesses say at least 15 people were killed when gunmen suspected to belong to a radical Islamist sect attacked a village in northeastern Nigeria.

The attack happened early Friday morning in the village of Musari on the outskirts of Maiduguri, the city where the sect known as Boko Haram launched its violent campaign against western education. Mshelia Inusa, a primary school teacher in the village, said he heard gunmen call out for people to be slaughtered.

Inusa said he later saw dead bodies with their throats slit and their hands tied behind their back. A guard at a Maiduguri hospital, who spoke on condition of anonymity as he feared reprisals from the sect and the government, said he saw at least 15 bodies deposited in the morgue after the assault.

Source: http://news.yahoo.com/least-15-killed-sect-attack-north-nigeria-125528008.html

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News in Brief: International Conference on Complex Sciences, Santa Fe, N.M., December 5 ? 7

News in Brief: International Conference on Complex Sciences, Santa Fe, N.M., December 5 ? 7

International Conference on Complex Sciences

By Rachel Ehrenberg

Web edition: December 28, 2012
Print edition: January 12, 2013; Vol.183 #1 (p. 10)

Winning the arms race with spam

Spammers are tricky adversaries: If e-mail spam filters seek out words like ?enlargement? then spammers switch up their approach. ?Spam changes a lot ? it starts looking more like ham,? said Richard Colbaugh on December 5. Now Colbaugh and Kristin Glass, both of Sandia National Laboratories in Albuquerque, have created a one-two punch that anticipates new tactics and makes antispam programs less predictable. Training filters, for example, to look for bits of ham mixed with spam, such as several nonspammy words, will help detect even cleverly disguised spam. And instead of using one superior filter all the time, spam fighters should mix up their weaponry. Keeping several filters on hand can keep spammers from deducing and evading antispam tactics.

When paid sick leave pays

Paid sick leave is an HR dilemma. The policy can keep an infection from spreading and limit medical costs, but it also lowers productivity, especially when employees intent on playing hooky abuse it. Computer simulations of how an epidemic might spread through Miami suggest that paid sick leave usually pays off. It typically curtails a disease?s spread and minimizes health costs without crippling work output, Achla Marathe of Virginia Tech reported December 5. But if a company offers more days than infections usually last and employees are both highly productive and dishonest about being sick, then paid sick leave does little good.

Source: http://www.sciencenews.org/view/generic/id/347311/title/News_in_Brief_International_Conference_on_Complex_Sciences_Santa_Fe_NM_December_5__7

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Egypt's opposition leaders under investigation

CAIRO (AP) ? Egypt's chief prosecutor ordered an investigation on Thursday into allegations that opposition leaders committed treason by inciting supporters to overthrow Islamist President Mohammed Morsi.

The probe by a Morsi-appointed prosecutor was launched a day after the president called for a dialogue with the opposition to heal rifts opened in the bitter fight over an Islamist-drafted constitution just approved in a referendum. The opposition decried the investigation as a throwback to Hosni Mubarak's regime, when the law was used to smear and silence opponents.

The probe was almost certain to sour the already tense political atmosphere in the country.

The allegations were made initially in a complaint by at least two lawyers sent to the chief prosecutor earlier this month. They targeted opposition leaders Mohammed ElBaradei, a Nobel Peace laureate and former head of the U.N. nuclear agency, former Foreign Minister Amr Moussa, and Hamdeen Sabahi. Both Moussa and Sabahi were presidential candidates who competed against Morsi in the last election.

There was no immediate comment by any of the three opposition leaders named but the opposition dismissed the allegations.

Emad Abu Ghazi, secretary-general of the opposition party ElBaradei heads, said the investigation was "an indication of a tendency toward a police state and the attempt to eliminate political opponents." He said the ousted Mubarak regime dealt with the opposition in the same way.

Mubarak jailed his opponents, including liberals and Islamists. International rights groups said their trials did not meet basic standards of fairness.

ElBaradei was a leading figure behind the uprising against Mubarak and at one point, he was allied with the Brotherhood against the old regime.

The investigation does not necessarily mean charges will be filed against the leaders. But it is unusual for state prosecutors to investigate such broad charges against high-profile figures.

Morsi, Egypt's first democratically elected president, asked the opposition on Wednesday to join a national dialogue to heal rifts and move on after a month of huge street protests against him and the constitution drafted by his allies.

Some of the protests erupted into deadly violence. On Dec. 5, anti-Morsi demonstrators staging a sit-in outside the presidential palace in Cairo were attacked by Morsi supporters. Fierce clashes ensued that left 10 people dead.

The wave of protests began after Morsi's Nov. 22 decrees that gave him and the assembly writing the constitution immunity from judicial oversight. That allowed his Islamist allies on the assembly to hurriedly rush through the charter before an expected court ruling dissolving the panel.

After the decrees, the opposition accused Morsi of amassing too much power in his hands. They said the constitution was drafted without the participation of liberal, minority Christian and women members of the assembly, who walked out in protest at the last minute.

Even though the constitution passed in a referendum, the opposition has vowed to keep fighting it. They say it enshrines Islamic law in Egypt, undermines rights of minorities and women, and restricts freedoms.

Morsi and Brotherhood officials accused the opposition of working to undermine the president's legitimacy, and accused former regime officials of working to topple him.

Although he reached out to the opposition for reconciliation, Morsi did not offer any concessions in his speech Wednesday calling for a dialogue.

On Wednesday Morsi asked his prime minister to carry out a limited reshuffle of his government, without offering the opposition any seats.

In an apparent protest against the decision to keep the same prime minister, the minister of parliamentary affairs resigned. A member of his Islamist party said Prime Minister Hesham Kandil has not lived up to the challenges of the previous period, and a stronger, more political prime minister should be nominated.

This is the second resignation of a Cabinet minister this week and follows a spate of resignations of senior aides and advisers during the constitutional crisis.

Details of the complaint filed by the two lawyers were carried on the website of Morsi's Muslim Brotherhood, the Islamic fundamentalist group that has become Egypt's most powerful political faction since the 2011 uprising.

The report said their complaint alleged that the opposition leaders were "duping simple Egyptians to rise against legitimacy and were inciting against the president," which constitutes treason.

Yara Khalaf, a spokeswoman for Moussa, said there were no official charges and he had not been summoned for investigation. But she declined to comment on the accusations.

Heba Yassin, a spokesman for the Popular Current headed by Sabahi, said Sabahi faced similar charges under Mubarak and his predecessor. She dismissed them as fabrications and an attempt to smear his reputation and silence the opposition.

"Morsi is confirming that he is following the same policies of Mubarak in repressing his opponents and trying to smear their reputation through false accusations," Yassin said.

"Also this is evidence of what we had warned about ? the judiciary and the prosecutor-general must be independent and not appointed by the president," she said. "He is a Morsi appointee and this is where his loyalty lies and he is now implementing orders to eliminate the opposition."

The chief prosecutor, Talaat Abdullah, was appointed by Morsi at the height of the political tension over the constitution. He could not be immediately reached for comment.

Morsi's Nov. 22 presidential decrees appointed Abdullah to replace the chief prosecutor who was a holdover from the Mubarak regime. The judiciary protested the move, seeing it as trampling of its authority to choose the chief prosecutor.

The Supreme Judicial Council, the country's highest judicial authority, asked Abdullah to step down Wednesday because he was appointed by the president.

Human Rights lawyer Bahy Eddin Hassan said the fact that the chief prosecutor has asked for an investigation meant he is taking the accusations by the lawyers seriously.

Abdullah asked a judge to conduct the investigation, the state news agency reported.

Hassan said this was an attempt to show that the investigation is independent. However the judiciary, like the rest of the country, is divided between supporters and opponents of Morsi and the Brotherhood.

"This is the beginning of a series of events where the judiciary will be used to settle political scores with opponents," Hassan said. "This is not a new policy. But it is new that a regime that is just starting out uses such tools."

With an economic crisis and unpopular austerity measures looming in Egypt, Hassan said: "The regime wants to keep the opposition busy with its legal battles."

Source: http://news.yahoo.com/egypts-opposition-leaders-under-investigation-193533364.html

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Instagram: No, We Didn't Just Lose 25% Of Our Users - Business ...

Instagram has responded to yesterday's odd report that it lost 25% of its active users.

"This data is inaccurate," an Instagram spokesperson told Sam Biddle at Gizmodo. "We continue to see strong and steady growth in both registered and active users of Instagram."

A minor kerfuffle kicked up when AppData showed Instagram's daily active users dropping sharply on Christmas day. AppData tracks usage through Facebook log-ins, so it's absolute numbers are useless, but its trends should be informative.

For some reason AppData told the New York Post that it thought the reason for the steep usage decline was Instagram's change in terms of service. On December 17, Instagram updated its terms of service with scary language that suggested it was going to take users' photos and sell them as advertising. Four days later, Instagram walked back that language.

It didn't make any sense to blame the terms of service controversy since it was a full week after it started that AppData showed a drop. It also didn't make sense to see a decline on Christmas since lots of people were taking pictures of their family, their new toys, photos of photos of themselves as little kids, and posting them to Instagram.

If anything, there seems to be something wrong with AppData's data. Robin Wauters at The Next Web notes that AppData data shows the same sort of steep drop for Pinterest, Spotify, Farmville 2, and many other apps, on Christmas day.

Don't Miss: The Most Popular Places Around The World For Instagram

Source: http://www.businessinsider.com/instagram-no-we-didnt-just-lose-25-of-our-users-2012-12

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Video: Sideshow: Newt Gingrich?s ?Dancing Queen? scenes

Will Kate Winslet become Kate Rocknroll?

So everyone knows women don't have to change their names when they get married, but come on, Kate Winslet, don't you want to be "Kate Rocknroll"? Winslet's wedding earlier this month was a surprise, but more surprising to many was the name of her groom: Ned Rocknroll.

Source: http://video.msnbc.msn.com/hardball/50307188/

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Alkaline Trio: Jaked on Green Beers

I'm home for the holidays, driving mom's car around, listening to my SICK high school CD collection. Uh huh, yeah, that's how I roll. Who's looking for a grown ass man? Because that's me. More »


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/EpOpxxEmSxU/alkaline-trio-jaked-on-green-beers

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Childhood Obesity Rates Declining in the US According to New Study


A national study? conducted by the Centers for Disease? Control and Prevention has found that obesity is declining among 2 to 4 year olds from low income families. If this trend continues then parents and health advocates like myself are doing the right thing and childhood obesity has finally passed its peak.

Researchers used height and weight measurements taken from 27 million children who were participating in the federal Women, Infants and Children program (WIC) from 1998 to 2010.? The obesity rates among those children declined to 14.9 percent in 2010.

According to the report a 3-year-old-boy of average height (about 3 feet), is obese if he weighs 37 pounds or more and and extremely obese if he weighs 44 pounds or more.

?The declines we?re presenting here are pretty modest, but it is a change in direction,? said Heidi M. Blanck, one of the study?s authors and the acting director of the Division of Nutrition, Physical Activity and Obesity at the disease centers. ?We were going up before. And this data shows we?re going down. For us, that?s pretty exciting.?

There are several different theories as to why childhood obesity is on the decline. Breast feeding has increased since 2000.? Breast milk is the best nutrition for infants 12 months and under and is proven to help children obtain a healthier weight. The Federal Trade Commission found that companies are spending less money on food marketing to children, which may also have a positive impact on childhood obesity rates. Data from 48 major food and beverage marketers also found that cereals marketed to children ages 2 to 11 had about a gram less sugar per serving in 2009 than in 2006 and slightly more whole grain. The WIC program also made significant changes and is providing more funding for fresh produce and less for sugary juice beverages.?

I am hopeful that we are winning this fight against childhood obesity in the United States.? Federal programs like, Let's Move and WIC are doing an excellent job educating families on the importance of feeding their children healthy and nutritious foods.? The food and beverage industry is offering healthier products with less sugar.? Educational materials including books, websites, social media, and PSA are more readily available to families of all income levels.? Our society needs to make these changes permanent. The future of our children depends on it.

Cascia Talbert is a busy blogger, publisher, freelance writer, online merchant and mother of five children, living in The Pacific Northwest. With a B.A. in history and law and a passion for writing and staying healthy, she started The Healthy Moms Magazine in 2007. The Healthy Moms Magazine is currently ranked the top health blog for moms and features several health expert writers and mom bloggers. Ms. Talbert believes that if mothers are well educated on health issues and how to stay healthy, they can pass that information down to their children and reverse the childhood obesity statistics in the U.S.

Ms. Talbert is a featured health blogger at Wellsphere.com and her articles can also be found on ezinearticles.com. She also runs the Healthy Moms Social Network on Ning, is the Chief Marketing Officer for Talbert Nutrition LLC,? and is on the Social Media Advisory Board for America's Wellness Challenge. Follow her on Google+.
Did you find this information helpful? Click Here to show your support for The Healthy Moms Magazine. ?

Source: http://www.thehealthymoms.net/2012/12/childhood-obesity-rates-declining-in-us.html

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Friday, December 28, 2012

khukonho: defy puny: Running 1.0 | Ridgewood Sports & Recreation ...

Ridgewood Running Company, 258 E Ridgewood Ave, Ridgewood, NJ | Get?Directions??
FREE

Experiencing information-overload when learning how to run? Check out tonight's presentation that Dr. Jonathan Hartman is giving on running and injury prevention.

Bonus Material**?

The Newton Running Representative will also be there for a Q&A session!

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  • What to look for when purchasing running shoes
  • Improve Technique Efficiency
  • Supplemental Training
  • Common Injuries with Running
  • Injury Prevention and Treatment with Chiropractic & ART?
  • Hype with Barefoot Running
  • Importance of Rest Days
  • Stretching/Foam Roller Exercises
  • Sports Specific Nutrition
  • Treadmill Running

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Running 1.0

December 20, 2012, 8:00 pm?10:00 pm

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Source: http://ridgewood.patch.com/events/running-10

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Source: http://defy-puny.blogspot.com/2012/12/running-10-ridgewood-sports-recreation.html

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Sina?s 2013 Strategy Is ?Mobile First,? CEO Charles Chao Says In Company-Wide Email

Sina WeiboChina-based tech blog 36kr has published a company-wide email (link via Google Translate) from Sina CEO Charles Chao that previews the China-based Internet giant's 2013 strategy. Chao wrote that Sina will reboot its strategy next year by splitting its business structure into two parts, with one focusing on its Web portal and the other on Sina Weibo, its massively popular microblogging service which boasts more than 400 million members. Sina's COO Hong Du will focus on running the Web portal and report directly to Chao, who will take responsibility for its microblogging and mobile operations. Each side will take responsibility for their own products, technology and operations.

Source: http://feedproxy.google.com/~r/Techcrunch/~3/OqvZmTJlIZI/

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Mathematician's century-old secrets unlocked

While on his death bed, the brilliant Indian mathematician Srinivasa Ramanujan cryptically wrote down functions he said came to him in dreams, with a hunch about how they behaved. Now 100 years later, researchers say they've proved he was right.

"We've solved the problems from his last mysterious letters. For people who work in this area of math, the problem has been open for 90 years," Emory University mathematician Ken Ono said.?

Ramanujan, a self-taught mathematician born in a rural village in South India, spent so much time thinking about math that he flunked out of college in India twice, Ono said.

  1. Science news from NBCNews.com

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      Science editor Alan Boyle's blog: As 2012 draws to a close, physicists are celebrating ? and being celebrated for ? the end of a quest to find a subatomic particle known as the Higgs boson.

    2. How climate shifts sparked human evolution
    3. Injured coral have less 'sex'
    4. 23 scientists and innovators win medals

But he sent mathematicians letters describing his work, and one of the most preeminent ones, English mathematician G. H. Hardy, recognized the Indian boy's genius and invited him to Cambridge University in England to study. While there, Ramanujan published more than 30 papers and was inducted into the Royal Society.?

"For a brief window of time, five years, he lit the world of math on fire," Ono told LiveScience.

But the cold weather eventually weakened Ramanujan's health, and when he was dying, he went home to India.

It was on his deathbed in 1920 that he described mysterious functions that mimicked theta functions, or modular forms, in a letter to Hardy. Like trigonometric functions such as sine and cosine, theta functions have a repeating pattern, but the pattern is much more complex and subtle than a simple sine curve. Theta functions are also "super-symmetric," meaning that if a specific type of mathematical function called a Moebius transformation is applied to the functions, they turn into themselves. Because they are so symmetric these theta functions are useful in many types of mathematics and physics, including string theory.

Ramanujan believed that 17 new functions he discovered were "mock modular forms" that looked like theta functions when written out as an infinte sum (their coefficients get large in the same way), but weren't super-symmetric. Ramanujan, a devout Hindu, thought these patterns were revealed to him by the goddess Namagiri.

Ramanujan died before he could prove his hunch. But more than 90 years later, Ono and his team proved that these functions indeed mimicked modular forms, but don't share their defining characteristics, such as super-symmetry.

The expansion of mock modular forms helps physicists compute the entropy, or level of disorder, of black holes.

In developing mock modular forms, Ramanujan was decades ahead of his time, Ono said; mathematicians only figured out which branch of math these equations belonged to in 2002.?

"Ramanujan's legacy, it turns out, is much more important than anything anyone would have guessed when Ramanujan died," Ono said.

The findings were presented last month at the Ramanujan 125 conference at the University of Florida, ahead of the 125th anniversary of the mathematician's birth on Dec. 22.

Follow LiveScience on Twitter@livescience. We're also onFacebook &Google+.

? 2012 LiveScience.com. All rights reserved.

Source: http://www.msnbc.msn.com/id/50305260/ns/technology_and_science-science/

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Virginia Town Releases Crime-Fighting App

Virginia Town Releases Crime-Fighting App
Crime-fighting is tough. Look at Batman. That guy's a mess. Still, for most people, if you witness a crime you want to do something about it. And while screaming "citizen's arrest" seems about as toothless as a substitute teacher in ...

Source: http://feedproxy.google.com/~r/GearFactor/~3/xngqNLvHP1g/

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'Squeaky Clean' Mormon Sen. Mike Crapo Drank 'Multiple Vodka Shots' Before DUI Arrest (Little green footballs)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Politics - Top Stories Stories, RSS and RSS Feed via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/273422802?client_source=feed&format=rss

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Employment Court judge critical of Talley's request... | Stuff.co.nz

The Employment Court has thrown out Talley's bid for a woman to pay $10,000 security for costs in fighting for her fish processing job.

Chief Judge Graeme Colgan said the company's application could be seen by the woman as "a strategy to persuade or compel her to abandon the case".

Lynette Turner claims she was unjustifiably dismissed in July last year by Talley's, where she did seasonal work for 10 years.

Talley's argued that she did not raise the issue within the required 90 days so the Employment Authority did not have jurisdiction to investigate the alleged grievance.

Authority member Michael Loftus agreed and in August ruled that her application failed and her personal grievance claim was dismissed.

The authority also ordered Turner to pay Talley's costs of $1750.

However, Turner, represented by lawyer Anjela Sharma, is challenging that decision and the case is scheduled to be heard in February.

Turner, earning $14 an hour as a laundry worker, sought an order to stay payment of the costs until her challenge was heard and decided, saying it would not affect Talley's and she had few financial resources.

Chief Judge Colgan decided she should pay $50 a month into her solicitor's trust account from February.

However, he also ruled she should not have to pay the $10,000 security payment that Talley's asked for.

Talley's grounds for seeking the payment included her failure to pay the costs awarded by the authority, her poverty, and the company being put to additional and "unnecessary" expense of the legal action.

It also criticised her arrangements made to pay her lawyer after the case concluded.

Chief Judge Colgan said the company's claim that she should provide security for its costs and that her challenge should be stayed unless and until she did so, was without merit.

He noted the court only rarely granted such applications and in extraordinary circumstances, which did not exist in this case.

"It is difficult to accept that the defendant would not have been advised otherwise, which has no doubt caused Mrs Turner to fear that Talley's application for security is a strategy to persuade or compel her to abandon her case."

He said Turner's case had been rejected on grounds of non-compliance with time limits, before there had been any opportunity to examine it on its merits.

"To now seek to place a barrier in the way of Mrs Turner's challenge by requiring her to pay what, for her, will be an impossibly high sum as security for costs, will deprive her of access to justice."

The company claimed that it had a strong case "but I conclude, without determining the issue, that this is not able to be established at this stage", the judge said.

The weakness in the company's grounds for an order for security was illustrated "by its attacks on what it can do no better than suspect are the financial arrangements" with her lawyer, he said. "That is a matter between Mrs Turner and her lawyer and, frankly, none of Talley's business," said Chief Judge Colgan.

The company said that a property search revealed that the address where Turner lived was owned by someone else.

"That is not surprising, not only because a substantial proportion of the workforce lives in rented accommodation, but so, too, does an even greater proportion of those in low-wage jobs as Mrs Turner's. That is not a ground for requiring her to give substantial security for the defendant's costs in the proceeding. Not everyone, especially low-paid employees, has equity in their homes that can be offered as collateral security," he said.

He dismissed Talley's application for security, and ordered it to contribute $750 towards her costs of defending "this unmeritorious application".

- ? Fairfax NZ News

Source: http://www.stuff.co.nz/business/industries/8125997/Judge-critical-of-Talleys-request

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