Judge rejects bid to shut Oakland pot dispensary









OAKLAND — The nation's largest medical marijuana dispensary won a round in federal court this week, with a judge rejecting efforts by Harborside Health Center's landlords in Oakland and San Jose to immediately shut down operations.


The property owners have been under pressure since federal prosecutors last summer threatened to seize the buildings, arguing that pot sales were in violation of federal law. But in her ruling, Chief Magistrate Judge Maria-Elena James said that "any argument about the urgency of stopping Harborside's activity rings hollow" — since the landlords had known for years that it was a medical cannabis dispensary.


Allowing Harborside to stay open while a fuller legal airing of the issues took place, James continued, would not cause the landlords irreparable harm.





In her ruling in U.S. District Court in San Francisco, James also found that the property owners had no legal standing to seek an immediate end to sales at the dispensary by contending they violated the federal Controlled Substances Act.


Harborside — which serves more than 108,000 patients — now will have the opportunity to battle the federal civil forfeiture actions in court.


"We look forward to proving our case in front of a jury, and continue to believe we will prevail," Harborside's executive director, Steve DeAngelo, said in a statement.


The city of Oakland also has sued to prevent the property forfeiture, contending that federal prosecutors had missed a five-year statute of limitations and misled city officials with promises that they would not go after dispensaries complying with state and local laws.


In her ruling, James ordered Oakland's case be coordinated with the forfeiture cases.


Monday's ruling sets the stage for what could be a precedent-setting battle over clashing federal and state marijuana laws.


Cedric Chao, an attorney for Oakland, has argued that closure of the dispensaries would deprive the city of tax revenue and force Harborside's patients into the underground market, driving up crime.


"The city of Oakland could not be more pleased" by James' ruling, Chao said. "The patients can continue to get the medicine. They won't be thrown in the streets. There won't be an immediate public health crisis. There won't be a public safety crisis."


The U.S. attorney's office repeatedly has declined to comment on the ongoing litigation. Prosecutors have filed a motion to toss Oakland's suit, contending the city has no legal standing to weigh in. That issue will be heard at a hearing on Jan. 31.


lee.romney@latimes.com





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The next CIA’s director’s challenges






qWhat John Brennan faces after confirmation


I see no reason why the Senate won’t confirm John Brennan, President Obama‘s chief counter-terrorism adviser, to be the next director of the CIA. There will be pro forma inquiries into his past entanglements with the NSA’s domestic surveillance program and his knowledge and approval of the CIA’s “Greystone” torture protocols, but he will have ready answers for the questions and he will say plenty in private to sooth the concerns of those whose concerns need to be soothed.






Assuming Brennan becomes the DCIA, as he will thenceforth be acronymed, he’ll inherit a powerful spy agency facing a set of tough questions. Actually, every CIA director since the advent of the age of Al Qaeda has more or less dealt with these same issues. The daily demands of the job require tactical thinking and leave little room for attention to the bigger picture.


SEE MORE: Why Django is better than Lincoln


# Is the CIA a paramilitary force? Should it go back to its roots as a source of intelligence and warning?  You see this question phrased as such a lot, but it ignores virtually all of the CIA’s history, except for a period in the 1990s when the “Peace Dividend” and director John Deutch pulled back significantly on the agency’s ambit. The CIA has always been both and will always be both. From the start, the agency has very broadly and probably (in an affront to the original understanding of the National Security Act of 1947) interpreted its mandate to do stuff to further American interests abroad, even and often to the point of violence, as Adam Elkus reminds us today. The question really is one of authorities and chains of command: how are American resources properly allocated? Are the mechanisms of accountability sufficient? Is there really anything better than an ad hoc framework for determining whether combined CIA-military operations are really CIA operations or military operations?


# There is no such thing as secrecy anymore, at least not in the way that the CIA has understood the term. We live in an era of open source everything, which means that the agency’s crown jewels have very short lifespans and that public interest in what the CIA does is bound to increase exponentially. The agency has to figure out a posture on the New Secrecy that satisfies its mission while accepting the Open Source reality. Younger analysts have different expectations of how to gather and collect information and are less satisfied with the complicated and fairly broken traditional secrecy rules.


# Similarly, it is exceedingly difficult for would-be spies to come to the CIA without significant social media trails, and it is very hard for them to work in the world without leaving electromagnetic detritus for everyone to exploit and discover. How can the CIA’s case officers maintain their cover identities? Is the era of fully-fledged cover identities over? Will the CIA continue to rely (and over-rely) on foreign intelligence services for critical human intelligence operations? 


# The same Open Source world that hinders CIA secrecy also provides the agency with far more data than it ever imagined having. The CIA will never face a problem of not having enough intelligence. It will face the problem of having too much and not knowing what it has or how to use it.


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'Twilight' finale leads Razzies worst-of list


LOS ANGELES (AP) — The "Twilight" finale had better reviews than the franchise's previous four movies, but you'd never know it from the Razzie nominations singling out Hollywood's worst of the year.


"The Twilight Saga: Breaking Dawn — Part 2" led the Razzies lineup late Tuesday with 11 nominations, including worst picture, lead-acting slots for Kristen Stewart and Robert Pattinson, and supporting-acting nominations for Taylor Lautner and Ashley Greene.


Other worst-picture nominees are the naval action tale "Battleship," the family flick "The Oogieloves in the Big Balloon Adventure," Adam Sandler's raunchy dud "That's My Boy" and Eddie Murphy's comedy flop "A Thousand Words."


A spoof of the Academy Awards, the Razzies announcement came a little more than a day before Thursday's Oscar nominations. Winners for the 33rd annual Razzies will be announced Feb. 23, the night before the Oscar show.


The final installment in the supernatural romance involving vampires, werewolves and a moody schoolgirl, "Breaking Dawn — Part 2" also had nominations for worst director for Bill Condon, plus worst sequel, screenplay and screen ensemble. It picked up two nominations for worst screen couple — for Stewart and Pattinson and for Lautner and child co-star Mackenzie Foy.


Stewart's worst-actress nomination came for two performances in 2012, her Bella Swan of "Twilight" and the title role in "Snow White and the Huntsman."


Earlier "Twilight" movies have been regular nominees for the Razzies but have not come away with any key worst-of awards. But the finale seems to be the one Razzies voters have been waiting for, the way Oscar voters were waiting for the last "Lord of the Rings" film, the one that finally won the big prize.


"That's the analogy we're making, that this is the Razzies' flipside," said Razzies founder John Wilson. "This is our equivalent to 'The Lord of the Rings.' It's our members' last chance to razz 'Twilight.'"


Here's how Razzies organizers describe the "Twilight" finale in the nominations announcement: "The ultimate installment of the inexplicably successful series focuses on Shirtless Werewolf Jacob and his creepy relationship with the daughter of Sparkly Vampire Edward and Gloomy Goth Gal Bella. Together, the four face a final showdown that will determine the fate of Romantic-But-Boring Monsters everywhere."


Sandler — whose "Jack and Jill" made Razzies history last season by winning a record 10 awards, sweeping every category — remains a Razzies favorite this time. "That's My Boy" ran second with eight Razzie nominations, among them worst actor for Sandler and supporting actor for both Nick Swardson and Vanilla Ice.


Tyler Perry was nominated for both worst actor ("Alex Cross" and "Good Deeds") and actress ("Madea's Witness Protection," in which he reprised his cross-dressing title character).


Along with Sandler, Pattinson and Perry, worst-actor contenders are Nicolas Cage for "Ghost Rider: Spirit of Vengeance" and "Seeking Justice"; and Murphy for "A Thousand Words."


Joining Stewart and Perry in the worst-actress lineup are Katherine Heigl for "One for the Money"; Milla Jovovich for "Resident Evil: Retribution"; and Barbra Streisand for "The Guilt Trip."


___


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http://www.razzies.com


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Global Update: China Moves to Prevent Spread of Yellow Fever From Africa





In a move that underlines how many Chinese citizens now work in Africa, China’s quarantine officials recently urged greater efforts to make sure that a yellow fever epidemic now raging in Sudan does not come back to China.




Local health authorities were asked to scan all travelers arriving from Sudan for fevers. Chinese citizens planning travel to Sudan were advised to get yellow fever shots. Customs officers were told that containers arriving from Sudan might have stray infected mosquitoes inside.


Sudan’s epidemic is considered the world’s worst in 20 years. Sweden, Britain and other donors have paid for vaccinations. The United States Navy’s laboratory in Egypt has helped with diagnoses.


Estimates of the number of Chinese working in Africa, many in the oil and mining industries or on major construction projects, range from 500,000 to 1 million. Experts on AIDS have previously warned that the workers could become a new means of bringing that disease to China, which has a low H.I.V.-infection rate.


ProMED-mail, a Web site that follows emerging diseases, has tracked reports about the Sudan outbreak, with its moderators adding valuable context. China’s mosquito-killing winters make a large yellow fever outbreak there unlikely, moderators said. But Sudan’s containment efforts are troubled. For example, vaccinated people cannot get cards proving they have had shots, but the cards are reported to be for sale at police checkpoints.


Australia’s now-endemic dengue fever, according to ProMED moderators, may have come from mosquitoes arriving in containers from East Timor.


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Disneyland fights multiday pass abuse by photographing holders









Workers at Disneyland and Disney California Adventure Park took photos of visitors entering the parks Tuesday as part of a new crackdown on abuse of multiday passes.


The photographing of guests — including children — delayed visitors' getting into the park by about 45 minutes, parkgoers said.


"They delayed literally thousands of people in line to do this process," said Bob Shoberg, a San Jose resident who visited Disneyland with his wife, daughters, in-laws and grandchildren.





Disneyland officials denied that guests suffered significant delays and said only multiday pass holders were photographed.


Disney has been struggling to stop several ticket brokers in Anaheim from buying multiday park passes and then "leasing" or "renting" them to visitors for individual days.


The scenario works like this: A ticket broker buys a three-day "park hopper" pass for $205 and rents the ticket to three guests for $99 a day. The broker makes a profit of $92, and the guests, who would otherwise pay $125 for a one-day "park hopper" ticket, save $26 each.


Disneyland prohibits visitors from sharing multiday passes, but the practice does not violate local laws.


To help stop the practice, Disneyland workers a few months ago began adding the names of parkgoers to the passes and requiring that they show identification at the front gate.


On Tuesday, Disneyland took the latest step of photographing visitors who are using a multiday pass for the first time, park spokeswoman Suzi Brown said.


When the pass is used a second time, Disneyland workers at the park turnstiles will see a photo of the guest pop up on a computer screen, she said. If the person at the turnstile is not the person shown on the screen, Brown said the guest won't be allowed to use the ticket.


Disneyland officials declined to say what percentage of visitors use multiday passes, but Brown said only a "very small percentage of guests" were photographed, and that did not cause a significant delay.


"So that our guests are not taken advantage of, we strongly advise that they only purchase tickets at Disneyland Resort, at our hotels or through an authorized seller to ensure that tickets are valid," Brown added.


Brown said the parks realized the problem was growing when park workers noticed ticket brokers waving signs hawking discounted passes on the streets around the park.


One business, Bestticketshere.com, says on its website that it rents multiday passes for Disneyland and Universal Studios. The website said the business guarantees its tickets will be accepted or customers will get a full refund.


In response to an email request for comment on Disneyland's new crackdown, the company wrote: "Is the ultimate goal to shut these companies down so everyone has to pay full price?"


Most theme parks take photographs of people who buy annual passes and affix them to the pass.


Universal Studios Hollywood uses fingerprints and cross-checks the names printed on the annual passes to ensure that the tickets are not shared, park officials said. At Raging Waters in San Dimas, annual pass buyers are photographed and their photo is affixed to the pass.


hugo.martin@latimes.com





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Banks, regulators reach mortgage settlements









In two of the biggest civil settlements since the financial crisis, the nation's biggest banks agreed Monday to cough up nearly $19 billion to resolve federal allegations of mortgage misdeeds.


Bankers saw the settlements as a major step in providing more certainty for their balance sheets and possibly foreshadowing an end to the era of billion-dollar mea culpas and open-ended regulatory probes.


In one case, 10 banks settled with regulators for $8.5 billion. In the second, Bank of America Corp. agreed to pay almost $10.4 billion to Fannie Mae, the giant loan buyer that the U.S. seized and propped up with tens of billions of taxpayer dollars.





The deals come three years after prosecutors dropped criminal investigations against such subprime-mortgage kingpins as Countrywide Financial Corp.'s Angelo Mozilo in favor of pursuing civil fines.


"I'd have to say we're at least 75% of the way through with this process," said SNL Financial analyst Nancy Bush, arguing that it's time to concentrate on rebuilding the dysfunctional U.S. mortgage system. "The bankers are going to have to stop complaining about the government, and we'll have to stop this endless calling for someone to go to jail."


Housing advocates welcomed payouts for homeowners but asserted that the banks and bankers have gotten off easy, given the enormity of the economic damage to Main Street.


"When you think about $8.5 billion, and you know trillions of dollars in wealth have been lost by communities, it's not enough at all," said Sasha Werblin of the Greenlining Institute. "But some money is better than nothing."


The Bank of America settlement ends a bitter standoff between BofA, once the largest seller of home loans, and Fannie Mae, the nation's largest mortgage buyer.


The deal ends Fannie's demands that BofA buy back a mountain of soured loans issued by Countrywide, the high-risk Calabasas lender BofA acquired in 2008. BofA Chief Executive Brian Moynihan characterized the deal as "a significant step in resolving our remaining legacy mortgage issues."


BofA agreed to buy back $6.75 billion in residential mortgage loans sold to Fannie Mae and pay it an additional $3.6 billion in cash.


Moynihan had agreed previously to tens of billions of dollars in Countrywide-related claims. Those include shouldering the lion's share of last year's $25-billion settlement that five banks reached with the Obama administration and state attorneys general over so-called robo-signing of foreclosure paperwork and other abuses.


BofA still faces billions of dollars in claims from plaintiffs, including major insurers, the U.S. attorney's office in New York and the federal regulator overseeing Fannie Mae and fellow mortgage finance giant Freddie Mac.


But the bank has reached a tentative $8.5-billion settlement with holders of certain Countrywide mortgage bonds and another pending settlement for $2.4 million over its acquisition of Merrill Lynch & Co., also in 2008.


Because Countrywide left Bank of America with so many mortgage-related headaches, many view BofA's tangles with regulators as a barometer for the whole mortgage industry, SNL's Bush said. And as bank stock prices recovered over the last year, BofA led the way with a 109% gain for 2012.


The $8.5-million settlement with 10 banks Monday represented an acknowledgment by bank regulators that a previous attempt to review millions of foreclosures for bank wrongdoing had failed. Instead, they took a streamlined approach — the lump sum — in getting relief for troubled borrowers. Four other banks opted out of the settlement.


The settlement replaces a failed process that started in April 2011. In that arrangement, the Office of the Comptroller of the Currency and the Federal Reserve required the 14 big providers of mortgage customer service to hire consultants to review foreclosures from 2009 or 2010, potentially affecting 4.4 million borrowers. Nearly half a million borrowers signed up for the free reviews, which were supposed to lead to compensation in cases of bank misconduct.


But the consultants' tab totaled $1.5 billion as last year ended — without a single penny of relief going to borrowers. So the regulators and 10 of the banks, including mortgage giants Bank of America, Wells Fargo & Co. and JPMorgan Chase & Co., agreed to a plan for more direct aid.


The 10 banks will pay $3.3 billion to 3.8 million borrowers, who could receive amounts ranging from a few hundred dollars to $125,000 depending on evidence of wrongdoing. Reviews continue at the four banks that opted out of the new approach.


In addition, the 10 banks agreed to provide $5.2 billion in foreclosure prevention assistance to borrowers at risk of losing homes, including mortgage modifications or forgiveness of judgments against them.


Comptroller Tom Curry, the nation's top bank regulator, said the switch was a "significant change in direction." But he said it met the original objectives "by ensuring that consumers are the ones who will benefit and that they will benefit more quickly and in a more direct manner."





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181,354 People on Twitter Think They’re Experts at Twitter






Do you tweet a lot? Do you post everything on Facebook? Do you #hashtag #complete #sentences #like #this? Do you describe yourself, variously, as a social media “maven”, “master”, “guru”, “freak”, “warrior”, “evangelist” or “veteran”? (Yes, a social media veteran. As if Tumblr were a deadly war you narrowly survived.) Well: you’ve got company! There are more than 181,000 such individuals on Twitter, people who adorn their profiles with credentials like “social media freak” and “social media wonk” and “social media authority.”


RELATED: Teens Hacking Their Friends’s Twitter Accounts Is All the Rage






B.L. Ochman at Advertising Age, whose heroic research produced the final tally, first noted the trend three years ago — when she recorded, among other distinctions, 68 “social media stars” and 79 “social media ninjas” on Twitter alone — and has been keeping track ever since. This isn’t just the stuff of legitimate Twitter news-breakers like Anthony DeRosa and Andy Carvin — Ohman provides a helpful breakdown of the terms she looked for — you know, like “social media warrior.” (We’re tempted to argue that such diligence makes Ochman something of a social media warrior herself.) Ochman also warns of using “guru” — a Sanskrit term — to describe oneself:



While a great many of these self-appointed gurus are no doubt taking the title with tongue firmly planted in cheek, the fact remains: a guru is something someone else calls you, not something you call yourself. Scratch that: let’s save “guru” (Sanskrit for “teacher”) for religious figures or at least people with real unique knowledge.


I’d argue, in fact, that “social media” and “guru” should never appear in the same sentence.



Whatever the term, social media seems to be a growth industry: there were only 15,740 “mavens” (or whatever) in 2009 — less than a tenth of those represented today.


Social Media News Headlines – Yahoo! News





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Brad Pitt tweets to Chinese that he's coming


BEIJING (AP) — Brad Pitt is now on China's version of Twitter, and his first enigmatic tweet drew thousands of comments. Just as mysteriously, it later disappeared.


The actor's verified Sina Weibo account sent the message Monday: "It is the truth. Yup, I'm coming." That was forwarded more than 31,000 times and netted over 14,000 comments, many expressing surprise. He gathered more than 100,000 followers.


But by Tuesday morning the tweet had disappeared, and a standard message read "He hasn't tweeted yet." The number of his followers kept growing, however.


It was unclear whether the deletion was the work of Pitt and his PR team or Chinese censors. Chinese censors regularly delete tweets and even accounts that they deem sensitive. The government requires Sina and other Internet companies to do this in-house at their own cost, under threat of fines and shutdowns if they fail.


A request for comment from Pitt's manager was not immediately answered.


The IMDb.com movie website says Pitt was banned from ever entering China because of his role in the 1997 "Seven Years in Tibet." The government was upset about the film's portrayal of harsh Chinese rule in Tibet. His later film "Mr. & Mrs. Smith" with Angelina Jolie was popular in China.


Pop and movie stars use Weibo as a way to connect with the giant Chinese market. To get a certified account overseas celebrities have to submit copies of their ID and job evidence among other documents.


Tom Cruise joined Sina Weibo in 2011 and now has over 5 million followers.


Former NBA star Stephon Marbury who now plays for China's professional basketball league is prolific on Weibo and has over 779,000 followers.


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Advertising: Crohn’s and Colitis Foundation Begins New Campaign - Advertising





A NEW print ad by the Crohn’s and Colitis Foundation of America shows a closed bathroom stall, with the gap below the door revealing the enormous clown shoes of the occupant. “I.B.D. is no laughing matter,” says the headline.




“If you have inflammatory bowel disease (I.B.D.), life can feel like a three-ring circus,” continues a block of text. “Chances are, you know one of the nearly 1 in 200 Americans who suffers from the debilitating pain and constant disruptions that come with Crohn’s disease and ulcerative colitis.”


Other stall-door ads show a shin-to-floor view of a woman in a wedding dress (“I.B.D. gave her a day she’ll never forget”), Santa Claus (“I.B.D. doesn’t care if you’ve been naughty or nice”) and a young girl whose feet don’t reach the floor (I.B.D. can make growing up a real pain”).


While the photos and headlines sound a note of whimsy, the text below the ads is decidedly serious, all of them noting, “The physical and emotional toll can be devastating.”


The public service ads encourage readers to learn more about Crohn’s disease by visiting a microsite, EscapeTheStall.com, which has been created for the campaign. The pro bono effort is by the New York office of DraftFCB, part of the Interpublic Group of Companies.


In a commercial for the campaign, the viewer hears, “Chances are you know someone with I.B.D.” The voice turns out to be that of the actress Amy Brenneman (“Judging Amy” and “Private Practice”), who says near the end of the spot, “Someone like me.”


The organization hopes that the public service announcement will run widely on television and in movie theaters. Other elements for the campaign include billboards and ads online and in airports. Ads printed on transparent adhesive film will even appear on mirrors in public restrooms.


The nonprofit group projects that it will secure from $20 million to $23 million in donations of broadcast and print advertising over the next year. But it did not initially want to show bathrooms in its campaign.


“We really started this campaign by saying we wanted to stay away from the bathroom, because we thought the bathroom would underrepresent our disease,” said Richard Geswell, the president of the Crohn’s and Colitis Foundation.


Along with needing to evacuate frequently, symptoms of Crohn’s disease, a chronic inflammatory condition of the gastrointestinal tract, include abdominal pain, rectal bleeding, fevers, weight loss and extreme fatigue.


“I was worried that our patients might think it was too lighthearted, and some aren’t in public restrooms because they can’t even leave the house,” said Mr. Geswell, who added he was won over by the new campaign, which he said struck the right tone and would spur awareness.


Rich Levy, chief creative officer of DraftFCB Healthcare, said, “When we first started this project, the last thing we wanted to do is what I’d call bathroom humor.” But he said that although the campaign was set in restrooms and had whimsical notes, its impact aimed to be more profound.


“What was the universal truth was that behind those doors are thousands and thousands of people who are suffering, and you don’t know who they are, but they know who they are,” said Mr. Levy.


Although the Crohn’s and Colitis Foundation was founded in 1967, only 18.7 percent of Americans have heard of the group, according to a survey commissioned by the group.


As for Crohn’s disease itself, the survey found that 44 percent of respondents knew at least a little about the disease, below the number familiar with diabetes (86 percent), multiple sclerosis (58 percent) and lupus (46 percent).


Mr. Geswell, the foundation president, said that by raising awareness about Crohn’s, his group hoped that along with helping those who don’t know they have the disease, it would help others understand that friends and relatives might be too embarrassed to disclose their condition.


“Aunt Sally who never left the house or came to social occasions” may, far from meaning to snub her family, “turn out to have had Crohn’s or ulcerative colitis,” Mr. Geswell said. Some with Crohn’s disease must visit the bathroom as much as 40 times a day, the foundation says.


Carol Cone, co-author of “Breakthrough Nonprofit Branding” and managing director for brand and corporate citizenship at Edelman, the public relations firm, acknowledged the challenge any agency would face with such an awareness campaign.


“How do you talk about bowels and bowel movements, and do it in a way that’s not so slight and flip that it’s not taken seriously?” said Ms. Cone.


After reviewing the new campaign, Ms. Cone was impressed.


“The way they showed the feet and footwear was a wonderful analogy that Crohn’s and colitis affects anybody in any walk of life,” Ms. Cone said. “This is a sophisticated, hip and modern branding campaign.”


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