Coach Profile: Mike Zegarelli | The Tangerine

By Tom Baker

Assistant secondary coach Mike Zegarelli has been with the Utica College football program for the past 11 years. He is also known as ?Coach Zig.?

It is not just a nickname of convenience; it is a term of endearment from the young men he has coached and mentored in a career that spans over 35 years in the Utica area.

?Coach Zig is a legend in Utica,? Lake said.

Zegarelli was born in St. Mary?s, Ohio, a little mid-western town with a population today of just over 8,000 people. Zigarelli is the son of an Air Force member originally from Utica. His family moved back to Utica after his dad?s tour of duty was finished just as Zegarelli was entering high school. As a freshman, he enrolled at Utica Free Academy and joined the football team as an offensive fullback and defensive linebacker at a level where many players play both ways in a style known as ?Iron Man? football.

For Zegarelli, it was a different game back then. There were not as many rules to protect the players and tactics were different on both sides of the ball. But more importantly, he was taught not just how to play tough, but how to play smart. He learned these lessons from two coaches he attributes his own coaching style to.

?My freshman coaches really developed me into the type of coach I became and still am today,? Zegarelli said. ?Larry Custadero and Ronnie Mancuso really inspired and molded me. Custadero was a no-nonsense coach who taught me how to play grit-teeth hard and Mancuso taught me strategy, like how to look past what was right in front of me and look beyond the line of scrimmage for those extra yards into the secondary.?

Zegarrelli had high hopes for his football career after high school. He hoped to one day play for Ohio State and maybe even become the shortest guy to play in the NFL. Upon graduation from UFA in 1973, he aspired to become an Ohio State Buckeye, but Zegarelli?s uncle told him that no matter how big his heart was, his body would not withstand the punishment of players at that level.

?I guess I got a little mad when he told me that,? Zegarelli said. ?But, after a while, I said okay and enrolled at the University of Findlay back near St. Mary?s.?

At Findlay, Zegarelli played alongside two-time Heisman Trophy winner Archie Griffin, who was the team?s running back at the time.

?I tease my son Michael when I say ?yeah, they picked him over me,?? Zegarelli said.

While Griffin was rewriting the record books on Division I football fields across the nation, Zegarelli was playing outside defensive linebacker for three of his four years of eligibility for the University of Findlay Oilers, missing his senior year due to a concussion and a separated shoulder.

He graduated in 1977 with a bachelor?s degree in sociology and a minor in criminal justice. Returning to Utica that year, he took the civil service exam for the Utica Police Department, passed and waited to be appointed. During that time, with a love for football still in his heart, he volunteered and was accepted as an assistant coach at Thomas R. Proctor High School in Utica.? He applied for the assistant coach?s job officially the next season, still waiting for a call from the UPD; he was not hired by Proctor, but transferred to his high school alma mater, UFA, to coach the 1980 junior varsity squad. Zegarelli, along with Coach Larry Brown, led the junior varsity Titans to a 5-2 winning season.

Zegarelli stayed as an assistant coach with UFA over the next several years until the 1987 convergence of the three Utica public high schools ? UFA, Proctor and John F. Kennedy. ?The new Utica football team hired former Buffalo Bills assistant coach Art Asselta as the new head coach. The team played at Proctor High School and the former UFA Titans, Proctor Panthers and Kennedy Trojans became the Proctor Raiders.

Zegarelli, along with the other coaches vying for the limited positions, were working as volunteers waiting for the final selections to be made.

During this time, Zegarelli encountered a player who was the son of the acting school?s superintendent. When Zegarelli tried to motivate the player in his own old school manner he had become known for over the years, the player mentioned it to his father, who called Zegarelli to his office.

After Zegarelli explained his no-nonsense attitude to practice demeanor and attitude, the superintendent offered Zegarelli a job teaching special education classes and a position as a coach with the football team.

?I thought I was going in to be fired for sure,? Zegarelli said. ?And I wasn?t even officially working there yet. I was a volunteer at the time, but that?s how I got hired.?

With no results after many applications to the police department, he began his career as a special education teacher with one condition: he needed to complete his education by earning a master?s degree in special education, which he did over the next four years as a part-time student while teaching classes at Proctor and coaching during football season. He achieved his advanced degree in 1997.

The late ?90s also brought the player who would be named the best defensive lineman in the state by Prep Football Report to the Proctor Raiders, current New Orleans Saints defensive end Will Smith. Zegarelli watched Smith achieve 20 sacks in his senior year and go on to be recruited to Zegarelli?s first school of choice, Ohio State.

Ernie Jones was another great defensive player who played for Proctor during this time, who went on make his first college tackle with the University of Oregon Ducks on Brigham Young quarterback, Steve Young. ?Later, Jones would be selected in the NFL draft and after a trade deal end up with the Denver Broncos, who won the Super Bowl for the 1998 season for the second year in a row.

When Jones was honored by Proctor High School and later inducted into their Hall of Fame, he made reference to Zegarelli in his acceptance speech.

?While many deserve it, only a few can be privileged enough to win a Super Bowl ring,? Jones said. ?I?d let Coach Zig hold it if I wasn?t so worried I wouldn?t get it back.?

By 2000, the coaching staff at Proctor was replaced after several losing seasons and Zegarelli was re-assigned to Donavan Jr. High School. He coached the defense and they went .500 their first season at 3-3 before going 5-1 the next season. He did something no one had done before ? he accepted Georgia King, a young lady, on his team who played at guard.

?She was the best,? Zegarelli said. ?She did what we told her to do.?

In 2001, Zegarelli applied for a position with the then two-year-old football program at Utica College, but did not make the cut. However, the college took him on as a volunteer as an assistant offensive line coach. The second season he was hired on as an offensive line coach and the third season as a defensive linebackers coach, coaching at the college level ? the same position he played as young man at the University of Findlay.

?Coaching college ball I learned things about strategy I never knew at the high school level,? Zegarelli said. ?It?s faster, it?s smarter, it?s more advanced ? physically, mentally and strategically speaking.?

In 2007, current head coach Blaise Faggiano was hired at UC and he kept Zegarelli on as an assistant.

?When I first came to Utica College I interviewed all the coaches on staff,? Faggiano said. ?What I?ll tell you now is the same thing I said back then: Mike Zegarelli is as loyal as they come; he is as hardworking as they come. No job is either too big or too small for him to tackle; he just bleeds blue and orange.?

Zegarelli?s biggest thrill these days is to be coaching alongside his former UC players, current UC defensive coordinator Will Pluff and graduate assistant safeties coach, Lazurus Morgan.

?These guys are former players I used to coach and now they are my colleagues,? Zegarelli said. ?That is a very rewarding feeling for me.?

Source: http://uctangerine.com/coach-profile-mike-zegarelli/

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Video: Tsunami-impacted balloonists take flight

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Nikkei gains 1 pct as company earnings not as bad as feared

TOKYO (Reuters) - Japan's Nikkei share average advanced on Wednesday as investors took comfort that some firms, such as Hitachi Ltd and Komatsu Ltd, did not cut their full-year earnings guidance as feared.

Index heavyweight Fanuc Corp , which gained 1.6 percent, also lent support to the index after its client and Apple Inc supplier Hon Hai Precision Industry posted strong third-quarter results.

The Nikkei rose 1 percent to 8,928.29 points, regaining ground which was lost in the previous session after the Bank of Japan eased policy in line with expectations, disappointing some who had hoped the central bank would take bolder steps to lift the economy out of deflation.

Wednesday's gain helped the benchmark to end the month 0.7 percent higher, its third straight monthly gain. The Nikkei is up 5.6 percent this year.

"We obviously had that sell-off yesterday after the BOJ ... We are seeing a bit of buying," a senior trader at a foreign bank said. "I guess yesterday's results were perhaps a little bit better than expected."

Komatsu climbed 3.2 percent after the construction machinery maker maintained its full-year operating profit forecast, easing concerns it would cut its outlook when it reported first-half results after the market close on Tuesday.

Many firms have slashed their profit forecasts this earnings season as a stuttering global growth and a boycott of Japanese products in China over a territorial dispute threatens revenues.

Electrical machinery maker Hitachi and electronics parts manufacturer Omron Corp also reassured investors by retaining their full-year earnings outlooks.

Hitachi gained 3.2 percent and Omron gained 5.1 percent.

Fuji Heavy Industries jumped 6.7 percent to an 11-year high a fter the carmaker hiked its annual operating profit forecast by 22 percent.

Sentiment also picked up on Wednesday after the yen did not firm as much as investors had feared it would, said Ryota Sakagami, chief strategist of equity research at SMBC Nikko Securities.

"It's been rather unclear why the yen weakened so much recently, so it was encouraging to see that it's likely due to the U.S. recovery gathering momentum and not just expectations of easing," Sakagami said.

The yen was at 79.575 yen to the dollar, down from Tuesday's high of 79.275 yen, a slight positive for exporters fretting about shrinking overseas profit due to an unfavourable exchange rate.

Mobile operator Softbank Corp , the most-traded stock on the main board by turnover, added 0.8 percent and consumer electronics maker Panasonic Corp jumped 4.5 percent ahead of their results after the market close.

After the bell, Panasonic reported a 16 percent gain in second-quarter operating profit as it moves away from loss-making TVs in favour of batteries, household appliances and other businesses outside its struggling consumer electronics mainstay.

EARNINGS IN FOCUS

But some market participants said they did not have much faith in the index's gains as Wall Street has been closed for two days due to a massive storm and there was uncertainty about how U.S. markets would react to the disaster later in the day.

"Results from exporters are not looking good, which makes me think recent gains, including today's, are a bit filmsy," said Norihiro Fujito, senior investment strategist at Mitsubishi UFJ Morgan Stanley.

As of Monday, 63 percent of the 27 Nikkei companies that have reported quarterly earnings so far had undershot market expectations, according to Thomson Reuters StarMine. That compared with 54 percent in the previous quarter.

Ricoh Co Ltd dropped 3.1 percent after the office equipment maker missed guidance for its interim operating profit.

Brewer Asahi Group Holdings slipped 1.7 percent on concerns that the company may fall short of its full-year operating profit forecast after it reported weak nine-month results.

A survey of 10 Japan-based fund managers showed allocations for Japanese equities slipped to 33.9 percent this month from 34.7 percent in September, marking its fourth straight month of decline.

The broader Topix index gained 1.2 percent to 742.33 in relatively active trade, with 1.82 billion shares changing hands, down f r om Tuesday's nearly two-week high of 2.04 billion shares but up from last week's average of 1.66 billion.

(Additional reporting by Sophie Knight; Editing by Kim Coghill)

Source: http://news.yahoo.com/nikkei-gains-1-pct-company-earnings-not-bad-082448022--finance.html

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Super-massive black hole inflates giant bubble

ScienceDaily (Oct. 29, 2012) ? Like symbiotic species, a galaxy and its central black hole lead intimately connected lives. The details of this relationship still pose many puzzles for astronomers.

Some black holes actively accrete matter. Part of this material do not fall into the black hole but is ejected in a narrow stream of particles, traveling at nearly the speed of light. When the stream slows down, it creates a tenuous bubble that can engulf the entire galaxy. Invisible to optical telescopes, the bubble is very prominent at low radio frequencies. The new International LOFAR Telescope - designed and built by ASTRON in an international collaboration - is ideally suited to detect this low frequency emission.

Astronomers have produced one of the best images ever of such a bubble, using LOFAR to detect frequencies from 20 to 160 MHz. "The result is of great importance", says Francesco de Gasperin, lead author of the study that is being published in the journal Astronomy & Astrophysics. "It shows the enormous potential of LOFAR, and provides compelling evidence of the close ties between black hole, host galaxy, and their surroundings."

The image was made during the test-phase of LOFAR, and targeted the giant elliptical galaxy Messier 87, at the centre of a galaxy cluster in the constellation of Virgo. This galaxy is 2000 times more massive than our Milky Way and hosts in its centre one of the most massive black holes discovered so far, with a mass six billion times that of our Sun. Every few minutes this black hole swallows an amount of matter similar to that of the whole Earth, converting part of it into radiation and a larger part into powerful jets of ultra-fast particles, which are responsible for the observed radio emission.

?This is the first time such high-quality images are possible at these low frequencies", says professor Heino Falcke, chairman of the board of the ILT and co-author of the study. "This was a challenging observation - we did not expect to get such fantastic results so early in the commissioning phase of LOFAR."

To determine the age of the bubble, the authors added radio observations at different frequencies from the Very Large Array in New Mexico (USA), and the Effelsberg 100-meter radio telescope near Bonn (Germany). The team found that this bubble is surprisingly young, just about 40 million years, which is a mere instant on cosmic time scales. The low frequency observation does not reveal any relic emission outside the well-confined bubble boundaries, this means that the bubble is not just a relic of an activity that happened long ago but is constantly refilled with fresh particles ejected by the central black hole.

"What is particularly fascinating", says Andrea Merloni from the Max-Planck Institute of Extraterrestrial Physics in Garching, who supervised de Gasperin's doctoral work, "is that the results also provide clues on the violent matter-to-energy conversion that occurs very close to the black hole. In this case the black hole is particularly efficient in accelerating the jet, and much less effective in producing visible emission."

Francesco de Gasperin performed the study as part of his PhD work at the Max Planck Institute for Astrophysics and at the Excellence Cluster Universe. De Gasperin is now a postdoctoral researcher at the University of Hamburg.

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Journal Reference:

1. F. de Gasperin, E. Orr?, M. Murgia, A. Merloni, H. Falcke, R. Beck, R. Beswick, L. B?rzan, A. Bonafede, M. Br?ggen, G. Brunetti, K. Chy?y, J. Conway, J. H. Croston, T. En?lin, C. Ferrari, G. Heald, S. Heidenreich, N. Jackson, G. Macario, J. McKean, G. Miley, R. Morganti, A. Offringa, R. Pizzo, D. Rafferty, H. R?ttgering, A. Shulevski, M. Steinmetz, C. Tasse, S. van der Tol, W. van Driel, R. J. van Weeren, J. E. van Zwieten, A. Alexov, J. Anderson, A. Asgekar, M. Avruch, M. Bell, M. R. Bell, M. Bentum, G. Bernardi, P. Best, F. Breitling, J. W. Broderick, A. Butcher, B. Ciardi, R. J. Dettmar, J. Eisloeffel, W. Frieswijk, H. Gankema, M. Garrett, M. Gerbers, J. M. Griessmeier, A. W. Gunst, T. E. Hassall, J. Hessels, M. Hoeft, A. Horneffer, A. Karastergiou, J. K?hler, Y. Koopman, M. Kuniyoshi, G. Kuper, P. Maat, G. Mann, M. Mevius, D. D. Mulcahy, H. Munk, R. Nijboer, J. Noordam, H. Paas, M. Pandey, V. N. Pandey, A. Polatidis, W. Reich, A. P. Schoenmakers, J. Sluman, O. Smirnov, C. Sobey, B. Stappers, J. Swinbank, M. Tagger, Y. Tang, I. van Bemmel, W. van Cappellen, A. P. van Duin, M. van Haarlem, J. van Leeuwen, R. Vermeulen, C. Vocks, S. White, M. Wise, O. Wucknitz, P. Zarka. M?87 at metre wavelengths: the LOFAR picture. Astronomy & Astrophysics, 2012; 547: A56 DOI: 10.1051/0004-6361/201220209

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/top_news/top_technology/~3/nW2Dve9vAw8/121029081835.htm

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Creative Mayhem Sweeps Across the Globe | Discover Pittsfield

If on November 1 you hear furious keyboard pounding echoing around the world, fear not. It is the sound of more than 250,000 people beginning a literary challenge of epic proportions: 30 days, 50,000 words, and one original novel.

Why? Because November is National Novel Writing Month, or NaNoWriMo, the world?s largest writing event and nonprofit literary crusade. Participants pledge to write 50,000 words in a month, starting from scratch and reaching ?The End? by November 30. There are no judges, no prizes, and entries are deleted from the server before anyone?even reads them.

?NaNoWriMo is the writing world?s version of a marathon,? said Grant Faulkner, executive director of National Novel Writing Month. ?Writers exit the month with more than a novel; they?ve experienced a transformative creative journey.?

More than 650 regional volunteers in more than 60 countries will hold write-ins, hosting writers in coffee shops, bookstores, and libraries. Write-ins offer a supportive environment and surprisingly effective peer pressure, turning the usually solitary act of writing into a community experience.

In Berkshire County, local novelists have a full slate of literary events. Kicking off the month is a NaNoWriMo Edition of the Writers Room (at Y Bar on Tuesday, November 6 at 8pm), followed by a series of write-ins at the Berkshire Athenaeum from 1-7 p.m. on November 7, 14, and 28.

?We?re hoping the local events will give our authors an extra boost,? said Gabriel Squailia, NaNoWriMo?s Municipal Liaison for the Berkshires. ?It?s all an extension of the camaraderie you?ll find on the online forums, where you can find instant help with research questions or character names any time in November.?

?Not only did I write 50,000 words by November 30, I also had cheerleaders from the next block, from across the Atlantic and from NaNoWriMo daily blogs,? said participant, Twana Biram. ?Imagine getting pep talks through the heavy irony and hilarity of Lemony Snicket, and the clarity and appreciation of fan fiction from Mercedes Lackey.?

With NaNoWriMo?s Young Writers Program, that community crosses age boundaries into K-12 classrooms around the globe. The YWP allows kids and teens to set their own word-count goals, and offers educators high-quality free resources to get nearly 100,000 students writing original, creative works.

Although the event emphasizes creativity and adventure over creating a literary masterpiece, more than 90 novels begun during NaNoWriMo have since been published, including Water for Elephants by Sara Gruen, The Night Circus by Erin Morgenstern, and Cinder by Marissa Meyer, all #1 New York Times Best Sellers.

?You can?t revise what isn?t written yet, right? This novel-in-a-month challenge is such a fantastic way to jump-start your story,? said Lindsey Grant, NaNoWriMo?s Program Director.? ?Plus it is officially the most fun?and effective?way to shed the constant self-doubts and inner-criticisms and simply pour that story onto the page.?

For more information on National Novel Writing Month, or to speak to NaNoWriMo participants in your area, visit www.nanowrimo.org or contact press@nanowrimo.org.

The Office of Letters and Light is a California-based international nonprofit organization. Its programs are the largest literary events in the world. Learn more at www.lettersandlight.org.

Source: http://discoverpittsfield.com/news/creative-mayhem-sweeps-across-the-globe/

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South Africa prez says media must respect privacy

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Video: East Coast braces for Sandy

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Ukraine ruling party seems set for election win, nationalist surge seen

KIEV (Reuters) - Ukrainian President Viktor Yanukovich's party looks set to win a parliamentary majority after Sunday's election, but it may be hard pressed by an opposition boosted by resurgent nationalists and a liberal party headed by boxing champion Vitaly Klitschko.

Leaders of the ruling Party of the Regions claimed victory after exit polls put it in the lead with 28-30 percent of the voting in the part of balloting conducted by party lists.

A senior Regions official said he expected the party to pick up two thirds of the remaining vote in individual districts, ensuring it of a simple majority in the 450-seat assembly. There were no immediate reliable figures to provide a possible breakdown of seats.

But the shock of the night came from the Ukrainian nationalist Svoboda (Freedom) party which exit polls said took about 12 percent of the party list voting, assuring it of representation in parliament for the first time.

The strong showing by Svoboda - which is based in the Ukrainian-speaking west and occupies the opposite end of the political spectrum to the Regions - boosted opposition ranks, weakened by the jailing of Yanukovich's rival, Yulia Tymoshenko.

The other new wild card in the forthcoming parliament was that of Klitschko's UDAR (Punch) party which was in third place behind the Regions and the united opposition which includes Tymoshenko's Batkivschyna (Fatherland), according to the exit polls.

Victory by the Regions is certain to cement the leadership of Yanukovich, who comes up for re-election in 2015 and whose rule has been marked by an accumulation of presidential powers and antagonism with the West over Tymoshenko's imprisonment.

Tymoshenko, the country's most vibrant opposition figure, was jailed for seven years last year for abuse of office relating to a 2009 gas deal with Russia which she made when she was prime minister. The Yanukovich government says the agreement saddled Ukraine with an enormous price for gas supplies.

The former Soviet republic of 46 million, a major exporter of steel and grain, is more isolated politically on the international stage than it has been for years. Apart from being at odds with the United States and the European Union over Tymoshenko, Ukraine does not see eye to eye with Russia which has turned a deaf ear to Kiev's calls for cheaper gas.

At home, the government is also blamed for failing to stamp out corruption and has backed off from painful reforms that could secure much-needed IMF lending to shore up its export-driven economy.

OBSERVERS' VERDICT

Though these three opposition parties appeared to have won roughly half of the vote on party lists, they were not expected to fare as well in the single-mandate constituencies, results of which will only begin to emerge on Monday.

Borys Kolesnikov, a deputy prime minister, said he foresaw the Regions picking up two thirds of these individual districts.

"The exit poll data speaks for itself. It is clear the Party of the Regions has won ... These elections signal confidence in the President's policies," Prime Minister Mykola Azarov told journalists.

With the West seeing the poll as a test of Ukraine's commitment to democracy after Tymoshenko's imprisonment, interest will focus on the judgment which observers from the OSCE European security and human rights body will hand down on Monday.

Arseny Yatsenyuk, head of the united opposition in the absence of Tymoshenko, said: "The exit poll results have shown that the people of Ukraine support the opposition and not the government."

If the exit polls are proven accurate, Klitschko, the WBC heavyweight boxing champion, will now enter parliament at the head of his new party after a campaign in which he has been critical of corruption and cronyism under Yanukovich's rule.

He says his party will team up with Yatsenyuk and other members of the opposition, including Svoboda, though his refusal to join a pre-election coalition engendered suspicion.

"We do not foresee any joint work with the Party of the Regions and its communist satellite. We are ready to work with those political parties which propose a European path of development," Klitschko told journalists.

But it was the showing of Svoboda, which pursues a strong Ukrainian nationalist agenda and opposes attempts by the Regions to promote the Russian language over Ukrainian, which caught attention on the night.

Svoboda leader Oleh Tyahnybok, a 43-year-old surgeon, pledged to stick by a pre-election agreement and work with Yatsenyuk and other opposition leaders in the new parliament.

He appealed to Klitschko to formally join the united opposition. "We can only hope that, having looked at the situation which has emerged, Vitaly Klitschko will unite with us," he said in televised comments.

"Svoboda is the biggest sensation," said political analyst Volodymyr Fesenko of the Penta think tank. "The Ukrainian political borsch (soup) has got a bit more spicy. There will be more pepper but how it is going to taste is another question," he said.

Fesenko added that he saw the vote for Svoboda as reflecting a protest against the political establishment.

(Writing By Richard Balmforth; editing by Christopher Wilson)

Source: http://news.yahoo.com/ukraine-ruling-party-seems-set-election-win-nationalist-003940268.html

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Music Review: Toby Keith throws back a few more

Toby Keith, "Hope On The Rocks" (Show Dog-Universal)

Toby Keith wants you to know he's not just a beer man. Whiskey will do in a pinch.

Perhaps expected from the album title, only two of the 10 new songs don't reference some sort of drinking.

Most feature his favorite malt beverage in their titles or lyrics ("I Like Girls That Drink Beer," ''Cold Beer Country," ''Haven't Had A Drink All Day" and a bonus remix of 2011's "Beers Ago"), but whiskey gets its share of shout outs.

"Daddy makes the whiskey and mama say the prayers," Keith sings in "Scat Cat," a song about a family of moonshiners.

The songs are full of practical drinking advice as well.

"Always drink upstream from your cattle," says an old man to a younger one in "Get Got." ''Don't mix your whiskey with decision/Ask forgiveness not permission," Keith sings later in the same song.

As for the music, Keith is smart enough not to mess with a winning formula. There are weeping steel guitars, omnipresent drums and an occasional fiddle. It all makes for sing-along stuff that's sure to keep his fans happy and provide more than a few toast-worthy moments in concert.

He certainly shouldn't have any problem finding a tour sponsor.

CHECK OUT THIS TRACK: "The Size I Wear" with the unforgettable rhyme: "She was five foot two 'bout ninety-five pounds/She was round in the places she's supposed to be round."

Source: http://news.yahoo.com/music-review-toby-keith-throws-back-few-more-145810223.html

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Importance of Strengthening Healthy and balanced Life | Healthuse ...

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Source: http://www.healthuse.com/importance-of-strengthening-healthy-and-balanced-life.html

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Yankah on Vice Crimes - Law Professor Blogs Network - Typepad

? Haugh on Applying Capital Mitigation Strategies to White Collar Cases | Main | Next week's criminal law/procedure arguments ?

October 27, 2012

Yankah on Vice Crimes

Ekow N. Yankah?(Yeshiva University - Benjamin N. Cardozo School of Law) has posted?Legal Vices and Civic Virtue: Vice Crimes, Republicanism and the Corruption of Lawfulness?(Criminal Law and Philosophy, Forthcoming) on SSRN. Here is the abstract:

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue.

Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle?s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially con- nected to law must first and foremost aim at addressing ??legal vices,?? vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which dis- connects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others.

October 27, 2012 | Permalink

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Source: http://lawprofessors.typepad.com/crimprof_blog/2012/10/yankah-on-vice-crimes.html

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Blood, Sweat and Tears: A Journey to Motherhood. ~ Laurie McGrath

I stand in the Bikram studio day after day as the sweat heals me like holy water from some far away spiritual cove.

Unlimited and free flowing, it dances with my breath. I see their little faces move past me like an old film. They only appear here, in my reflection.

I open the studio door and race to the mirror as if reuniting with a long lost love at Heathrow. Their arms wrapped around me, our cheeks pressed together, mingling our tears, we spend the next 90 minutes communing until they remind me once again to let go and forgive myself.

As the studio lights snap on, they disappear into the final breathing. I?ve been searching for them from the moment I lost them. It is only here in the belly of the hot and humid beast that they arise, unspoken anthems in a world of bone-crushing loss.

Loss drives us to many different paths in life, some healthy, some not so healthy, but all representing exactly where we need to be on our journey of grief and healing.

My path led me to a warm inviting lover, Bikram yoga. My story is for the lost ones and all the women who search for them.

They say the human heart beats 80 times per minute. On a snowy evening, February 22, 2004, at approximately 10:22pm, my ?heartbeat of hope? flat-lined. At 7:00pm, I sat at home in front of the television, prepared to watch the Sex and the City finale?just me and my little heartbeat?three hours later, I sat in the hospital in a sea of vibrant red. The contrasting white sheets never seemed so white to me.

Nothing I could do would stop the familiar feeling of loss.

Four months later, I was given a second chance. I remember distinctly smiling in my rear view mirror as I left for work. Today marked the end of the first trimester. This time I made it, this little one and me.

Or so I thought.

Not long after, I heard the words that extinguished my hope, ?I?m sorry to inform you that your baby will not survive this pregnancy. You have a choice to continue with the pregnancy until it expires naturally or to terminate.?

I couldn?t bear to bond anymore with little heartbeats.

I was still raw from the first miscarriage and quite possibly embarking upon the darkest hours of my life. I was plagued with thoughts about how I should proceed, and I read countless articles written by self-proclaimed brave and selfless women who continued their pregnancies, naturally knowing they would never result in the fulfillment of the dream they had hoped for, a family.

I did not count myself among these women.

Instead, I prepared myself for the myriad of semi-authentic responses I would have to endure, all the while knowing that underneath the hugs and smiles would float the thought, ?I could never do that.? It is easy to hold on tight to your beliefs of what you should do; it?s much more difficult when you?re actually living the experience.

Five months after the loss of my daughter, my heart began to beat again. After a whirlwind of lawyers, documents, papers and notaries, she arrived in the form of a photograph. She was pink and beautiful; we would name her in honor of her lost sister.

I stared at her photo hour after hour, day after day. She was the most amazing little being I had ever seen. I could hear a voice telling me, ?This little one is going to save you, Guatemala has given you a tremendous gift.?

So wonderfully lost in the adoption of our new daughter, it took me a while to realize that I was pregnant. Again, more words.

?Congratulations, you have twin boys,? the ultrasound technician said as she skimmed the gadget across my wet, sticky stomach. Then, silence. ?Let me get the doctor to take a look at this.? The doctor confirmed we had twins who were sharing the same amniotic sac, which would make this a high-risk pregnancy. He would call with the lab results. Again, unspeakable loss.

Soon after, I left for Guatemala. For her, for my pink, cherubic, beautiful daughter.

I felt as though I were seeing her through eyes that were not my own. Her being penetrated my soul as she settled there, finding her space among the dreams that had never come to life. All of these dreams remain nestled deep inside, forced out only when the heat arrives.

Luckily, in Bikram, sweat and tears are one in the same. It is my sanctuary of forgiveness, my platform for gentle reminders that I am a brave and selfless woman in my own right. If the pro-life society were to draw a line to separate good from bad, they would probably send me to the bad side of the room.

In Bikram, there is no line. With every position of the series, I stretch and breathe for the woman in me who endured those painful times. Mostly, I cry for all the other wonderful women who will experience that life-changing soul evacuation.

It forever changed me. I?m finally grieving for the children I never knew.

Bikram has taught me to smile for the woman in me who never ever stopped doing whatever it took to be a mother. The mirror gives me time with the lost ones, the sweat heals me and the heat provides the warmth I so desperately longed for through the coldest darkest hours of my path to motherhood.

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Laurie McGrath is a technology marketing executive in the heartland of America. She?s been a seeker for as long as she can remember of all things good in life, an advocate for animal rights and a dreamer of doing Bikram 24/7.

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Editor: Thaddeus Haas

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Source: http://www.elephantjournal.com/2012/10/blood-sweat-and-tears-a-journey-to-motherhood-laurie-mcgrath/

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Credit Card Issuers Showing a Social Side - Blogcritics Culture

Banks, in search of their next generation of affluent lifelong customers, have taken the credit card sign-up tables that used to speckle college campuses on football Saturdays in the fall onto the Internet. Now, instead of trading an application for a t-shirt, college students can interact with financial companies on their favorite social media websites, often with real monetary perks involved.

This shift in approach was a long time coming, but it took something of a credit card marketing perfect storm to fully materialize. While the credit card industry had been rife with anti-consumer tactics for some time, it wasn?t until the height of the Great Recession that a law improving transparency in the credit card market and beefing up consumer rights was passed. This brought to a close the era of on-campus credit card marketing that insulated students from competing offers.

Meanwhile, social media was rocketing toward ubiquity. By 2010, nearly 90 percent of people aged 19-28 were using social media websites, and by 2011, Facebook amassed roughly 640 million registered users, according to the Search Engine Journal.

Also, in the last 10 years, banks have seen the effectiveness of their direct mail offers decline by roughly 90 percent.

In other words, the stage was perfectly set for banks to get social with their marketing efforts, and they?ve certainly responded. The following are among the notable social media initiatives launched by major credit card issuers in the last couple of years in the hopes of roping in people with college educations and high earning potential who will soon also be in the market for bank accounts, mortgages, and more:

• Facebook Giveaways ? Chase has given away a $1 million cash prize and $1,000 Amazon.com gift cards through Facebook ?Like? contests.
• Social Media Deals ? American Express? ?Link, Like, Love? program enables cardholders to link their credit cards to their Facebook accounts, claim deals advertised on the site, and then automatically receive discounts when making corresponding purchases.
• Point Sharing ? By now most of us have seen the Citi commercials in which townsfolk use their collective points to throw a huge Olympics viewing party or take a trip to the Games. Don?t worry though, you can still pool rewards even though the closing ceremonies in London are long past.
• Virtual Rewards ? American Express and the online gaming company Zynga teamed up to offer a Farmville Prepaid Card, which allows you to earn virtual game credits on real-life purchases. Discover is also giving consumers who sign up for cards through Farmville $100 in Farm Cash.
• Affinity Cards ? Chase also launched a LivingSocial Credit Card that allows you to earn extra rewards on LivingSocial purchases.

The truth is these initiatives merely represent credit card companies' testing of the social media waters. It?s only fair to expect their efforts to intensify moving forward and the current personal finance landscape to significantly change as mobile wallet technology goes mainstream and people stop responding to direct mail offers altogether.

Source: http://blogcritics.org/culture/article/credit-card-issuers-showing-a-social/

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Spare Me (talking-points-memo)

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Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/258633670?client_source=feed&format=rss

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Romney on economy: Obama 'made the problem worse'

Republican presidential candidate, former Massachusetts Gov. Mitt Romney greets supporters after he spoke about the economy at a campaign rally at Kinzler Construction Services in Ames, Iowa, Friday, Oct. 26, 2012. (AP Photo/Charles Dharapak)

Republican presidential candidate, former Massachusetts Gov. Mitt Romney greets supporters after he spoke about the economy at a campaign rally at Kinzler Construction Services in Ames, Iowa, Friday, Oct. 26, 2012. (AP Photo/Charles Dharapak)

Republican presidential candidate and former Massachusetts Gov. Mitt Romney, right, and his vice presidential running mate, Rep. Paul Ryan, R-Wis., wave as fireworks go off at a campaign event at the baseball field of North Canton Hoover High School in North Canton, Ohio, Friday, Oct. 26, 2012. (AP Photo/Charles Dharapak)

Republican presidential candidate, former Massachusetts Gov. Mitt Romney is introduced by Sen. Chuck Grassley, R-Iowa, before he speaking about the economy at a campaign rally at Kinzler Construction Services in Ames, Iowa, Friday, Oct. 26, 2012. (AP Photo/Charles Dharapak)

President Barack Obama greets supporters after speaking at a campaign event at Cleveland Burke Lakefront Airport, Thursday, Oct. 25, 2012, in Cleveland. (AP Photo/Pablo Martinez Monsivais)

Republican presidential candidate, former Massachusetts Gov. Mitt Romney reaches out to shake hands with Sen. Chuck Grassley, R-Iowa, left, before he spoke about the economy at a campaign rally at Kinzler Construction Services in Ames, Iowa, Friday, Oct. 26, 2012. (AP Photo/Charles Dharapak)

AMES, Iowa (AP) ? Seizing on fresh evidence of economic sluggishness, Republican challenger Mitt Romney said Friday that President Barack Obama inherited a bad situation when he took office and then "made the problem worse." Obama looked ahead to the second term he's hoping to win.

Referring to the two top Republicans in Congress, the president said he was prepared to "wash John Boehner's car" or "walk Mitch McConnell's dog" if it would help complete an elusive deal to cut future deficits by trillions of dollars.

The two campaign rivals faced a common danger as the end of their race came into view: a large and dangerous storm threatening to barrel up the East Coast. Romney and Vice President Joe Biden each canceled planned weekend appearances in Virginia Beach, Va.

Romney was unsparing in his criticism of the man he hopes to unseat. "Despite all that he inherited, President Obama did not repair our economy, he did not save Medicare and Social Security, he did not tame the spending and borrowing, he did not reach across the aisle to bring us together," the former Massachusetts governor said.

"Four years ago, America voted for a post-partisan president, but they have seen the most political of presidents, and a Washington in gridlock because of it," he added.

The Republican challenger borrowed a theme from Obama's successful 2008 campaign, saying he and running mate Paul Ryan "can bring real change to this country." And he tweaked a line that former President Bill Clinton unveiled at this summer's Democratic National Convention, saying, "This is not the time to double-down on trickle-down government policies that have failed us."

Democrats delighted in pointing out that Romney spoke outside Kinzler Construction Services, which benefitted from more than $650,000 in stimulus funding from the 2009 package Obama that signed into law ? and the Republican nominee often criticizes.

Romney campaigned in Iowa and Ohio as national polls showed a tight race. Though his aides claimed momentum, citing recent polls, Obama's team said the president led or was tied in each of the nine battleground states where the two sides have concentrated hundreds of millions of dollars in television commercials over the past five months.

Back in the White House after his long day and night and day of campaigning, Obama said he looked forward to trying to reach a deal with congressional Republicans on a sweeping budget deal if he wins re-election. Asked by radio show host Michael Smerconish if he would make the first move, the president replied, "I've said I'll do whatever's required to get this done.

"And I think the key that the American people want right now is for us to tackle some big challenges that we face in a commonsense, balanced, sensible way." That was a reference to one of his biggest differences with Romney ? his insistence that tax cuts be allowed to expire at upper incomes on Dec. 31, as opposed to Romney's insistence that they be extended.

Obama has been under pressure from Romney in recent days to be more specific about a second-term agenda, and he released a 20-page pamphlet earlier this week. He also had interviews with MTV and several battleground-state television stations on his schedule for the day.

Later, in a live interview with MTV, he urged younger voters to cast their ballots, saying, "there's no excuse" not to.

"In 2000, Gore versus Bush, 537 votes changed the direction of history in a profound way and the same thing could happen," he said. That was Bush's contested margin of victory in Florida, the state that decided the election in a race that went to the Supreme Court.

The two sides disagreed ? of course ? on whether the political battlefield was expanding.

First Romney, then Obama, launched a modest run of television ads in Minnesota, where neither side had made a significant effort to date. The Republican's aides claimed an opportunity to make a state competitive that had long been counted as safe for Obama. The president's side disputed that, insisting that its ads were aimed at voters in Wisconsin, the battleground next door.

Obama's strategists appeared concerned about the impact of Romney's persistent attacks on the president's position on Israel, airing a commercial in the West Palm Beach, Fla., area, home to a large number of Jewish voters. "As long as I'm president of the United States, Iran will not get a nuclear weapon," the president vows in the ad, addressing fears that Tehran would attempt to obliterate the Jewish state.

The ad's subject matter, foreign policy, was a rarity in a campaign for the White House focused largely on the economy and jobs.

Romney vows to put his experience as a businessman to use to create 12 million jobs in four years in a country where unemployment only recently fell below 8 percent for the first time since Obama took office. The president claims progress during his term on fixing the economy, though conceding it hasn't been fast enough, and says Romney's policies would only make matters worse.

There was little indication that the economy was gathering much momentum, based on a Commerce Department report during the day, which said growth from July through September was slightly faster than a 2 percent annual rate. Growth so far this year is slightly less than in 2011, which was weaker than 2010. Officials said the current annual rate is too slow to bring a rapid boost in job creation.

Not all economy-related soundings were negative.

A prominent measure of consumer confidence, calculated by the University of Michigan, rose to its highest level since September 2007, three months before the nation's economy cratered and the credit system virtually shut down.

Romney's aides billed his remarks as a speech about the economy although it was more political than that.

"Four years ago, candidate Obama spoke to the scale of the times. Today, he shrinks from it, trying instead to distract our attention from the biggest issues to the smallest, from characters on Sesame Street and silly word games to misdirected personal attacks he knows are false," he said.

Romney personalized his message at Friday's final campaign stop on frigid night in North Canton, Ohio: "How many single moms these days are scrimping and saving so they can put a good meal on the table at the end of the day for their kids?" Romney asked with Ryan at his side, later adding, "It's time to have a president and a vice president who care more about the people than care about politics."

The Republican's statement that it was no time to "double down on trickle down government policies" was eerily like Clinton's criticism at the Democratic convention. "We simply cannot afford to give the reins of government to someone who will double down on trickle down," the former president said, referring to policies he said Republicans had tried in the past with poor results.

The Romney campaign moved swiftly to try to lay one controversy to rest.

Former New Hampshire Gov. John Sununu suggested in an interview on Thursday that retired Secretary of State Colin Powell had endorsed Obama because both are black. Sununu later issued a statement that said, "I do not doubt that it was based on anything but his support of the president's policies."

___

Associated Press writers Julie Pace. Michele Salcedo and Martin Crutsinger in Washington and Beth Fouhy in New York contributed to this story. Espo reported from Washington.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/89ae8247abe8493fae24405546e9a1aa/Article_2012-10-26-Presidential%20Campaign/id-1a578c3e99bb4382bc1f1529fc2e72c2

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Use it or Lose It: Are Oil Companies Stockpiling Leases?

The Institute for Energy Research called out Rep. Ed Markey (D-Mass.) this week for releasing a report that claims that big oil companies are not using the leases that they hold in the Gulf of Mexico. According to the institute, there is a reason why those companies haven't developed, explored or produced oil on those leases. Here are the details.

* Markey, ranking member of the House Committee on Natural Resources, stated in his report that the almost 3,700 acres of the federal drilling leases that are not being used could contain as much as 18 billion barrels of oil.

* Markey says that the "Big Five" oil companies -- including ExxonMobil, BP, Shell, Chevron and ConocoPhillips -- hold full or partial shares of more than 1,500 of these idle leases.

* Unused leases account for 72 percent of the total acres leased offshore and 56 percent of the total acres leased onshore, Markey's report stated.

* "Oil companies have failed to explore, develop or produce these leases while simultaneously calling on Congress and the Interior Department to lease more federal offshore lands," the report stated, noting that about half of the leases in deepwater have been idle for at least five years.

* However, according to the Institute for Energy Research, "Just because a lease is bought, doesn't mean it will yield oil and gas."

* The institute says that Markey's report fails to mention that some leases are more valuable than others and that the most valuable areas of the federal land estate aren't being offered for lease.

* According to the institute, companies often have to purchase many leases just to find one worthy discovery.

* Markey, along with Energy and Minerals Subcommittee ranking member Rep. Rush Holt, introduced legislation in 2011 called the "USE IT Act" that would provide stronger incentives for oil and gas companies to develop on leases they hold rather than letting them sit idle.

* House Republicans last summer voted down an amendment that would require companies to relinquish idle leases so those leases could be re-sold to companies ready to drill, the report stated.

* The Institute for Energy Research says the Mineral Leasing Act and the Outer Continental Shelf Lands Act already require that companies produce on leases within five to 10 years or relinquish the leases.

* It takes millions to billions of dollars to develop leases, the institute reported, with the long process involving geological mapping, testing and drilling exploratory wells. The process also sometimes involves delays caused by environmental litigation.

* The average time between when an exploration plan for offshore drilling is submitted and when it is approved was, as of May, 367 days, the institute stated.

Source: http://news.yahoo.com/lose-oil-companies-stockpiling-leases-200700264.html

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Georges St-Pierre agrees with ?boring? criticism

Heading into his UFC 154 bout with Carlos Condit, UFC welterweight champion Georges St-Pierre is riding a nine-fight win streak. Dating back to UFC 69, when he lost the belt to Matt Serra, GSP has not lost. However, his last win by a stoppage was in January of 2009, when he TKOed B.J. Penn. Since then, he won five-round decisions over Thiago Alves, Dan Hardy, Josh Koscheck and Jake Shields.

The run of decisions has brought about criticism from fans who call the longtime champ "boring." As he has rehabbed from a knee injury over the past year, GSP has heard the criticism, and guess what? He agrees.

"I agree with the criticism," St-Pierre told The New York Post. "I want to do better. I want to give more entertainment to the fans."

Do you think you'll see a more exciting GSP at UFC 154? Tell us in the comments, on Facebook or on Twitter.

Source: http://sports.yahoo.com/blogs/mma-cagewriter/georges-st-pierre-agrees-boring-criticism-162338113--mma.html

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US NAS and Royal Society Issue Statement on Earthquake Case in Italy

Public release date: 25-Oct-2012
[ | E-mail | Share ]

Contact: William Kearney
news@nas.edu
202-334-2138
National Academy of Sciences

The case of six Italian scientists sentenced to be jailed for failing to warn of the L'Aquila earthquake in Italy in 2009 highlights the difficult task facing scientists in dealing with risk communication and uncertainty.

We deal with risks and uncertainty all the time in our daily lives. Weather forecasts do not come with guarantees and despite the death tolls on our roads we continue to use bikes, cars, and buses. We have also long built our homes and workplaces in areas known to have a history of earthquakes, floods, or volcanic activity.

Much as society and governments would like science to provide simple, clear-cut answers to the problems that we face, it is not always possible. Scientists can, however, gather all the available evidence and offer an analysis of the evidence in light of what they do know. The sensible course is to turn to expert scientists who can provide evidence and advice to the best of their knowledge. They will sometimes be wrong, but we must not allow the desire for perfection to be the enemy of good.

That is why we must protest the verdict in Italy. If it becomes a precedent in law, it could lead to a situation in which scientists will be afraid to give expert opinion for fear of prosecution or reprisal. Much government policy and many societal choices rely on good scientific advice and so we must cultivate an environment that allows scientists to contribute what they reasonably can, without being held responsible for forecasts or judgments that they cannot make with confidence.

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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Public release date: 25-Oct-2012
[ | E-mail | Share ]

Contact: William Kearney
news@nas.edu
202-334-2138
National Academy of Sciences

The case of six Italian scientists sentenced to be jailed for failing to warn of the L'Aquila earthquake in Italy in 2009 highlights the difficult task facing scientists in dealing with risk communication and uncertainty.

We deal with risks and uncertainty all the time in our daily lives. Weather forecasts do not come with guarantees and despite the death tolls on our roads we continue to use bikes, cars, and buses. We have also long built our homes and workplaces in areas known to have a history of earthquakes, floods, or volcanic activity.

Much as society and governments would like science to provide simple, clear-cut answers to the problems that we face, it is not always possible. Scientists can, however, gather all the available evidence and offer an analysis of the evidence in light of what they do know. The sensible course is to turn to expert scientists who can provide evidence and advice to the best of their knowledge. They will sometimes be wrong, but we must not allow the desire for perfection to be the enemy of good.

That is why we must protest the verdict in Italy. If it becomes a precedent in law, it could lead to a situation in which scientists will be afraid to give expert opinion for fear of prosecution or reprisal. Much government policy and many societal choices rely on good scientific advice and so we must cultivate an environment that allows scientists to contribute what they reasonably can, without being held responsible for forecasts or judgments that they cannot make with confidence.

###

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?

AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.

Source: http://www.eurekalert.org/pub_releases/2012-10/naos-una102512.php

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