Small Business Borrowing Slows In November

Cars

Gas prices may be falling, but cars that run on it are getting more expensive. Earlier this year, the Obama administration issued new standards that <a href="http://www.nytimes.com/2012/08/29/business/energy-environment/obama-unveils-tighter-fuel-efficiency-standards.html?_r=0">require automakers improve fuel efficiency</a>, and the cost of upgraded engines alone is driving up prices. Toyota hiked prices on its mid-size Camry by roughly $175, and among best selling luxury vehicles, the 2013 Lexus CT 200h will be almost $3,000 more than the 2012 model. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

Groceries

Meat, poultry, and dairy prices are all expected to rise thanks to <a href="http://dealnews.com/features/How-the-Drought-Will-Impact-Your-Wallet-Expect-Increases-on-Milk-Corn-Beef/599426.html">this summer's drought</a>. Feed corn and grass were most effected, and the impact from their scarcity will soon be felt at the grocery store: price increases will hit right along with the new year. Since drought conditions forced farmers to reduce the size of their herds to combat higher feed costs, the price of beef and chicken is also slated to rise. The cost of dairy products, too, will be affected, as fewer and leaner cows produce less milk. Overall, the USDA expects food prices to rise 3.5% to 4% in 2013. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

Cereal

Cereal and bakery product prices will rise too, as a result of the 2012 drought and lower wheat yields. Prices in this category began creeping up in October, and the USDA's Economic Research Service forecasts cereal and bakery product prices to rise 2.5% to 3.5% next year. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

Health Care

Obamacare not withstanding, employee health care premiums are expected to rise an average of 6% in 2013, according to Aon Hewitt, a human resource consulting firm. That amount will vary by state and type of plan, but overall, employers will face higher premiums and the increased cost will be passed along in part to employees. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

TVs

While there will always be budget home entertainment options, folks who want the latest and greatest in this department will face some shockingly high price tags in 2013. According to Jeff Joseph, spokesman for the Consumer Electronics Association, Ultra HD TVs -- which include an <a href="http://en.wikipedia.org/wiki/UltraHD">extremely high pixel density</a> -- sell for $20,000 to $25,000. High-end audio manufacturers too aren't holding back, as they incorporate premium features like Apple Airplay or standard DLNA that lets users control the entire system wirelessly. These features can drive up the cost of AV equipment in an instant. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

Computers

As tablets continue to gain momentum in the consumer electronics realm, computers are returning to their original function as work-related machines -- albeit more powerful and expensive. According to Stephen Baker, vice president of industry analysis at The NPD Group, Apple's new notebooks with retina displays are among the highest-priced models out there, and Microsoft's latest operating system, Windows 8, is driving the adoption of premium touchscreen PCs. Even geeks and gamers could see higher prices, as Intel plans to <a href="http://www.zdnet.com/intel-preparing-to-put-an-end-to-user-replaceable-cpus-7000008024/">release processors that are soldered onto motherboards in 2013, rendering them un-upgradeable</a>. This would make DIY upgrades to a desktop machine impossible, forcing the computer-savvy to opt for a custom configuration from the manufacturer, which is, as a general rule, more expensive then getting a deal on the boxed CPU and replacing it on your own. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

Beer

Move over gold, it's copper's time to shine! Copper prices could be on the rise thanks to a move by the SEC to approve a fund to trade the metal. The fund could lead to scarcity and higher prices, as it did for gold. The problem is that copper is used in plenty of consumer items, including residential water pipes, wire, pots, and kettles, as well as equipment for brewing beer, distilling liquor, and making candy. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

Smartphones

The U.S. smartphone market has long been subsidized by service providers, offering phones at reduced prices with the signing of long-term contracts. In 2013 <a href="http://dealnews.com/features/T-Mobile-Will-End-Phone-Subsidies-But-Youll-Save-Money-in-the-Long-Run/646061.html">T-Mobile will eliminate the subsidy</a> and charge full price for its phones. While there's evidence to suggest that the carrier will in turn allow users to opt for cheaper service rates (thus saving money in the long run), the pill of a full-price phone may be hard for many to swallow. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

Daily Deals

In spite of lots of bad press, <a href="http://dealnews.com/features/Is-the-Daily-Deal-Site-on-Its-Death-Bed-/645906.html">the daily deal isn't dead yet</a>. It will, however, continue to evolve in 2013. Too many competitors and not enough profits are forcing these sites to focus more on product deals, lead by Groupon Goods. It therefore may become difficult to find deals on services. If you're accustomed to scoring cheap spa vouchers, for example, it may become harder to find such discounts next year, as daily deal sites will list fewer such offers and instead opt for tangible products -- leaving you to pay full-price for your indulgences. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

College

While tuition costs are always on the rise, state schools in particular are feeling the pinch. As education costs continue to increase, many states will no longer be able to subsidize much of its students' tuition costs. Meanwhile, student aid and grants aren't rising commensurate to costs, which means university expenditures -- more administrators, new dorms, and additional property -- will get passed along to students. Tuition and fees for private universities aren't increasing as much in 2013 as they have in recent years, but they are expected to rise for public 4-year colleges. Students can expect in-state tuition to increase 4.8% and fees to rise 3.7%, according to the <a href="http://trends.collegeboard.org/">College Board Advocacy & Policy Center</a>. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

iPhone 5 Accessories

Although there have been several iterations of the iPhone at this point, one thing had remained the same for several years: the dock connector. Thus, unlike cases that are outdated with the slightest change in form factor, iPhone dock accessories remained largely universal across new models. But the iPhone 5 features a radically different Lightning connector, resulting in a fleet of brand new accessories that have no prior-generation alternatives ? which means premium prices. These higher prices debuted in late 2012, and they will continue in 2013 until manufacturers begin releasing updates to these items. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

Shipping

While somewhat unsurprising, 2013 will see a <a href="http://dealnews.com/features/Free-Shipping-Wars-Rage-as-UPS-and-Fed-Ex-Announce-Increased-Rates-for-2013/644296.html">4.5% to 4.9% hike in shipping costs</a> from both UPS and FedEx, the latter of which is slated to raise rates beginning January 7. Higher shipping costs may affect customers who predominately shop from "independent" sellers, like those found on eBay, etsy, and the like, but it may also have an impact on retailers that presently offer free shipping. Since merchants end up paying for the handling and delivery of orders that "ship free," the increased UPS and FedEx rates may affect the frequency of, and threshold at which, online orders receive free shipping in 2013. Does all this talk about rising prices get you down? Be sure to shop wisely by setting up a dealnews <a href="https://dealnews.com/mydealnews/alerts.html">email alert</a> for the specific products and categories that are important to you, so you know immediately when we see a good deal. You can also stay tuned for next week's followup to this piece that details things that will be less expensive in 2013. <a href="http://dealnews.com/features/Things-That-Will-Be-More-Expensive-in-2013/">Read more at dealnews</a>.

Source: http://www.huffingtonpost.com/2013/01/02/small-business-borrowing-november-2012_n_2395023.html

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The Internet Watch Foundation Urges Young Men - Social Media ...

Research says that young men (aged 18-35) are most likely to stumble across child sexual abuse content and least likely to report it. So, working with London creative agency Don?t Panic!, the IWF have set about trying to get the message across to this group.

They?ve got a presence on a number of key online channels including online lads? mags, music sites, sports sites, Facebook, YouTube, and Twitter for the few couple of months. Take a look at www.do-the-right-thing.org.uk and the Facebook Page and Twitter account @TheRightThingUK for the campaign.

?

?

The campaign aims to be:

• Targeted: Honing in on the specific interests of the target group, and using word play to link their interests to the IWF.
• Relevant: Using up to-the-minute sporting events and music events.
• Evidenced: Conforming strictly to the IWF?s research which highlighted who is most likely to stumble across child sexual abuse content and what their interests are.
• Inclusive: It will enable as many IWF Members as possible to get involved ? should they want to.
• Tested: The final creative was informed by a focus group of the target audience
• Empowering: The creative is aiming to be?enabling?;? designed so that the target group feel enabled and empowered to report to the IWF.? The whole campaign is aimed at reducing the fear of reporting, and the fear of the content, or shame at having seen it.

I asked Emma Lowther, Director of Communications at the Internet Watch Foundation, how she planned to judge the success of the campaign. She told me that they were looking for specific outcomes:

• An increased number of reports to Hotline and in particular, are reports which IWF can take action on.
• A high number of men reporting ? they have adapted the reporting form to give reporters an option to include their gender and age bracket.
• A high number of visits to the new Do The Right Thing microsite
• An increased number of visits to the IWF website

They will be measuring the? reach and demographics of their followers on the new social media channels, and are conducting two online polls of 1,000 18-35 year olds ? one at the very beginning of the campaign and again at the end to measure a change in attitudes and actions by the target group.

As to whether the Twitter and Facebook communities will continue to be supported beyond the life of the online campaign, Emma said that would depend on the success of the results:

If the channels appear to be really successful, and allow us to communicate with this traditionally hard to reach group in a way which gets our messages across successfully, then we will continue using them.

It would be good to hear the results in the New Year.

?

?

Source: http://socialmediatoday.com/emoderation/1118651/internet-watch-foundation-urges-young-men-do-right-thing

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Car bomb in Iraq kills 20 Shiite pilgrims

Shiite Muslim worshippers beat themselves inside the holy shrine of Imam Hussein to mark the Muslim festival of Arbaeen in Karbala, 50 miles (80 kilometers) south of Baghdad, Iraq, Thursday, Jan. 3 , 2013. The holiday marks the end of the forty day mourning period after the anniversary of the 7th century martyrdom of Imam Hussein, the Prophet Muhammad's grandson. (AP Photo/ Hadi Mizban)

Shiite Muslim worshippers beat themselves inside the holy shrine of Imam Hussein to mark the Muslim festival of Arbaeen in Karbala, 50 miles (80 kilometers) south of Baghdad, Iraq, Thursday, Jan. 3 , 2013. The holiday marks the end of the forty day mourning period after the anniversary of the 7th century martyrdom of Imam Hussein, the Prophet Muhammad's grandson. (AP Photo/ Hadi Mizban)

A Shiite woman weeps as she covers her head with mud as a sign of grief for Imam Hussein during the Muslim festival of Arbaeen in Karbala, 50 miles (80 kilometers) south of Baghdad, Iraq, Thursday, Jan. 3 , 2013. The holiday marks the end of the forty day mourning period after the anniversary of the 7th century martyrdom of Imam Hussein, the Prophet Muhammad's grandson. (AP Photo/Hadi Mizban)

Shiite Muslim worshippers gather in front of the holy shrine of Imam Abbas, seen in the background, to mark the Muslim festival of Arbaeen in Karbala, 50 miles (80 kilometers) south of Baghdad, Iraq, Wednesday, Jan. 2 , 2013. The holiday marks the end of the forty day mourning period after the anniversary of the 7th century martyrdom of Imam Hussein the Prophet Muhammad's grandson. (AP Photo/Hadi Mizban)

Shiite Muslim worshippers pray at the holy shrine of Imam Hussein during the Muslim festival of Arbaeen in Karbala, 50 miles (80 kilometers) south of Baghdad, Iraq, Wednesday, Jan. 2 , 2013. The holiday marks the end of the forty day mourning period after the anniversary of the 7th century martyrdom of Imam Hussein the Prophet Muhammad's grandson. (AP Photo/Hadi Mizban)

BAGHDAD (AP) ? A car bomb explosion tore through a crowd of Shiite pilgrims returning home Thursday from a religious commemoration, killing at least 20 and reinforcing fears of renewed sectarian violence, according to Iraqi officials.

The blast erupted late in the afternoon in the town of Musayyib, about 60 kilometers (40 miles) south of the Iraqi capital. It targeted worshippers returning from the Shiite holy city of Karbala following the climax of the religious commemoration known as Arbaeen.

Children were among the 20 people confirmed killed, according to a police official. He said at least 50 people were wounded.

The bomb went off in the middle of a gathering of pilgrims changing buses coming from Karbala on their way to other destinations in the country, according to police.

"The explosion shook the whole block and smashed the windows of my house," said teacher Ibrahim Mohammed, who lives nearby. "I ran to the scene of the explosion only to find charred bodies and burning cars. There were women screaming and searching for their missing children."

A hospital official confirmed the casualty toll. The officials spoke on condition of anonymity because they were not authorized to release the information to reporters.

Thursday marked the height of Arbaeen, when hundreds of thousands of Shiite pilgrims converged on Karbala to mark the passing of 40 days after the anniversary of the seventh century martyrdom of the revered Shiite saint Imam Hussein, the grandson of the Prophet Muhammad.

Shiite pilgrims are one of the favorite targets for Sunni insurgents during Shiite religious events.

Iraqi authorities typically tighten security in Karbala and along routes used by pilgrims, but security forces acknowledge they are unable to prevent all attacks.

As in previous years, the pilgrims practiced the ritual of self-flagellation on the streets, hoisted Shiite religious flags on trees and lamp posts and served food from tents pitched on street corners.

Zaid Mohammed, a 21-year old student, said he walked to Karbala from a nearby city to show his deep respect for Imam Hussein.

"All the people came here to show their gratitude and appreciation for the sacrifices made by Imam Hussein while fighting injustice," he said. "We have decided to confront all the security risks that we might face on our way to Karbala."

State television earlier Thursday aired video of Prime Minister Nouri al-Maliki walking among the pilgrims.

Thursday's attack came after Iraqi authorities ordered the release of 11 women facing criminal charges and pledged to transfer other women prisoners to jails in their home provinces

The move appeared aimed at addressing a main demand during a wave of protests by the country's Sunni minority against the Baghdad government.

The demonstrations erupted following the arrest of bodyguards assigned to Finance Minister Rafia al-Issawi, one of the central government's most senior Sunni officials. The protests tap into deeper Sunni feelings of perceived discrimination and unfair application of laws against their sect by Shiite Prime Minister Nouri al-Maliki's government.

Vice President Tariq al-Hashemi, another high-ranking Sunni official, is living in exile in Turkey after he was handed multiple death sentences in absentia for allegedly running death squads, a charge he dismisses as politically motivated.

Justice Ministry spokesman Haider al-Saadi said the families of the imprisoned women can secure their release by paying bail. He added that 13 Sunni women convicted on criminal charges will be transferred from a Baghdad jail to prisons in their home provinces of Anbar, Salahuddin and Ninevah to serve out their sentences.

The detention of female prisoners has been a focus of the demonstrations, but it was not clear whether the decision to release some of them will satisfy the protesters.

___

Associated Press writer Adam Schreck contributed.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2013-01-03-Iraq/id-65bd4c7c1cf14f59a8054df856436b01

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Hall of fame: Craig Hockenberry, Gedeon Maheux, and Twitteriffic

Twitterrific was the first native social networking client on the iPhone. Created by Craig Hockenberry and Gedeon Maheux of the Iconfactory, it began as the Mobile Twitterrific project in August of 2007, only two short months after the original iPhone shipped, and well before Apple announced even the plan for an official SDK. Development started "in the open", with a proof-of-concept made available on Google Project Hosting. Hockenberry wrote on Furbo at the time:

Don?t expect much in terms of usability or elegance. The application only initiates a network connection to Twitter, downloads a timeline feed as XML, and then parses it into a data model. The user name from the model is then displayed in a table view. Sounds pretty simple, right?

It wasn't. The Twitter API was immature, the iPhone API not yet public, and the hundreds small decisions, some of which may seem obvious in retrospect, all had to be discovered, considered, tested, and implemented. Twitter and the iPhone were two great things that could become even greater together, but it was up to Hockenberry and Maheux to realize it.

In September of 2007, Hockenberry posted a screenshot on Furbo as part of the following tease:

It?s been rather quiet around here for the past couple of weeks. This is why:

He later updated the post, saying that they'd be holding off on future development until the iPhone SDK event in 2008. When the App Store opened in June of 2008, Twitterrific was there first. And that's only one of an astounding list of firsts Twitterrific racked up.

Twitterrific, in addition to being the first native Twitter client for iPhone, was the first native Twitter client for Mac, and was in the iPad App Store the day it launched in 2010 as well. Twitterrific was first to use a bird icon in association with a Twitter app, their signature Ollie. Twitterrific was first to describe a Twitter post as a Tweet. Twitterrific (still in beta at the time) was the first to win an Apple Design Award for an iPhone social networking app. Twitterrific was first to provide a character counter, something of great value given the built-in limit of the service. Twitterrific was first to support @replies (now @mentions) and conversations. And the list goes on and on.

Yet the Iconfactory never rested on those laurels. They launched both a free (with ads) and a paid (premium) version of Twitterrific with the original App Store, to navigate around Apple's lack of trials. And they kept updating it.

Twitterrific 2 arrived in May of 2009, with Iconfactory designer David Lanham, joining the team to handle the heavy interface lifting. By then other Twitter clients had appeared and feature escalation had begun. The Iconfactory managed to keep the surface layer of Twitterrific remarkably clean, but also managed to tuck away a lot of functionality thanks to deeper levels of interface. Louie Mantia, who was also at the Iconfactory at the time, and contributed some elements, elaborated on part of the process in a post on Mantia

Twitterrific 3, which launched alongside the iPad in 2010, saw the Iconfactory not only add a tablet-optimized interface, step back and return to core functionality. Maheux wrote about the tough-love approach on gedblog:

Twitterrific 3 for iPhone benefits from all the work that has already gone into the iPad including: proper retweets, lists, saved searches and more. Add to this the long-awaited full landscape support that our users have been crying out for and Twitterrific is a whole new experience on the iPhone. All these things aside, rebooting the app in this fashion has allowed us to evaluate each feature on its own merits. Free of the pressure to include everything but the kitchen sink, Twitterrific now starts fresh and will gain new users. Once all the versions are in sync, we can concentrate on bringing updates to Twitterrific across all platforms simultaneously. This will hopefully allow us to avoid the pitfalls of having one version wildly out of sync with the rest (like the current Mac version).

Hockenberry and Lanham both shared their thoughts on the new release on as well, on Furbo and dlanham respectively.

Fast forward, and late 2012 saw Hockenberry, Maheux, and Lanham, as well as the Iconfactory's Sean Heber, release Twitterrific 5, once again completely re-coded and re-designed, and once again returning to the core idea of Twitterrific and interpreting it for the current and next generation of Twitter users.

• $2.99 on sale - Download now

Hockenberry gave a behind-the-scenes look at the process on Furbo:

As soon as you launch Twitterrific 5, you?ll realize that it?s a clean slate. The visual design is obviously a fresh start, but everything under the covers is as well. When presented with a clean slate, you?re very careful what goes on it. It?s best feature is simplicity.

Maheux and Lanham shared their thoughts with us as well, in an episode of Iterate, and Hockenberry and Heber did likewise for an upcoming episode of debug (check back on Friday for that).

From a then brand new and yet-to-be-released API, through intense competition, facing the often opaque constraints of the platform they built on, and increasing hostility from the service they targeted, the team at the Iconfactory have not only persevered, but triumphed, and in doing so they've helped inspire the developer community and delight the customer base alike.

That's why, as part of the inaugural iMore hall of fame, we're honoring Craig Hockenberry, Gedeon Maheux, and the granddaddy of Twitter apps, Twitterrific.

Source: http://feedproxy.google.com/~r/TheIphoneBlog/~3/roh37-pZEtU/story01.htm

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Where can you buy (ethics, law) ETHICS DESK REFERENCE FOR ...

About (ethics, law) ETHICS DESK REFERENCE FOR PSYCHOLOGISTS (Book + 6 CE Credits) by Jeffrey Barnett, Psy.D., and W. Brad Johnson, Ph.D., ISBN 13 978 1 4338 0352 9, ISBN 10 1 4338 0352 6, (continuing education, psychology, social work)

TRAINING OBJECTIVES are to learn the following: the ethics governing confidentiality, the ethics regarding multiple roles & relationships, the ethics of advertising, the ethics of research, the ethics of teaching, the procedures for resolving ethical dilemmas?????????..DESCRIPTION: This text presents, explains, and then elaborates on the principles of the 2002 Ethics Code of the American Psychological Association in a no-nonsense fashion. It is very well written, highly educational, and very succinct. It is an essential desk reference for all psychologists, trainees, and graduate students?????????AUTHORS: Jeffrey Barnett, Psy.D., is a licensed psychologist in private practice and a professor in the Department of Psychology at Loyola University in Maryland. He is a diplomate of the ABPP. He has published widely on issues relevant to ethical practice in psychology and he has served in several leadership positions in the field??????????CE Procedures: (1.) Purchase a CE course, which will be shipped within two days. (2.) Return the accompanying test within three years of purchase. (3.) Receive a certificate of completion within one week of returning your passing test (75% or more correct). Failed tests can be retaken.

(ethics, law) ETHICS DESK REFERENCE FOR PSYCHOLOGISTS (Book + 6 CE Credits) by Jeffrey Barnett, Psy.D., and W. Brad Johnson, Ph.D., ISBN 13 978 1 4338 0352 9, ISBN 10 1 4338 0352 6, (continuing education, psychology, social work) Features

• 218-page spiral bound book, APA Publications, 2008, ISBN 13 978 1 4338 0352 9, ISBN 10 1 4338 0352 6
• 60-item test, 6 CE credits,
• Sponsored by an APA Approved Sponsor and registered with CE Broker of Florida
• Accepted by most state licensing boards for psychologists, MA level counselors, and social workers
• The RTR CE Company is approved by the American Psychological Association to sponsor continuing education for psychologists. The RTR CE Company maintains responsibility for this program and its contents.

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Key hearing next week for alleged Colo. theater shooter

CENTENNIAL, Colo. (AP) ? Prosecutors and defense lawyers in the Colorado theater shooting case said Wednesday that they're ready for a crucial hearing next week in which prosecutors will outline their case against James Holmes.

The lawyers and Holmes appeared before state District Judge William B. Sylvester to make sure everything is prepared for the hearing. It starts Monday and is scheduled to run all week.

At its conclusion, Sylvester will decide if the evidence is sufficient to put Holmes on trial.

Holmes is charged with killing 12 people and wounding 70 on July 20 in a movie theater in the Denver suburb of Aurora. Prosecutors say he opened fire during a midnight showing of the Batman movie "The Dark Night Rises."

During Wednesday's hearing, prosecutors and defense lawyers also went to Sylvester's bench to discuss a sealed motion from the prosecution that made some reference to witnesses. Sylvester said he planned to rule on it later in the day but wouldn't refer to witnesses by name.

Holmes didn't say anything during the half-hour hearing.

He is charged with multiple counts of first-degree murder and attempted murder and hasn't been asked to enter a plea yet. His lawyers have said he suffers from mental illness.

The preliminary hearing will give the public its first officially sanctioned look at much of the evidence against Holmes.

Sylvester imposed a gag order shortly after Holmes' arrest barring attorneys and investigators from speaking publicly about the case, and many documents have been sealed.

The University of Colorado, where Holmes was a graduate student, has also been tight-lipped about the case.

At prosecutors' request, Sylvester barred the university from releasing records requested by numerous media organizations. Prosecutors argued that the information could jeopardize Holmes' right to a fair trial. Sylvester initially agreed but amended his order last month to allow the release after media organizations objected in court.

Holmes was enrolled in a Ph.D. neuroscience program at the university. Investigators said he began stockpiling firearms and ammunition while taking classes in the spring.

In June, he made threats to a professor and on June 10 filed withdrawal papers after failing a year-end exam, prosecutors said. The next day he saw his school psychiatrist who tried to report him to a campus security committee, according to Holmes' lawyers.

Source: http://news.yahoo.com/lawyers-ready-key-hearing-theater-shooting-162903295.html

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Lovie fired after missing playoffs

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The day after the 2012 NFL regular season ended, Judge David Doty convened a hearing on the question of whether the NFLPA should be able to pursue a collusion claim arising from the salary-cap penalties imposed in March on the Cowboys and the Redskins.? The day after the 2012 NFL regular season ended, Judge Doty issued a decision.

In short, the NFL removed a total of $46 million in cap space from the two teams for treating the uncapped year of 2010 as, well, uncapped.? The NFLPA, despite agreeing to the cap penalties in exchange for an agreement by the league to artificially increase the 2012 salary cap to a level north of the 2011 number, claimed that comments made in the aftermath of the announcement of the cap penalties disclosed for the first time that shenanigans were occurring in 2010.

The NFL argued that any potential claim for collusion was barred by the simple fact that the parties agreed in 2011 to end all litigation when finalizing a new Collective Bargaining Agreement.? Judge Doty agreed, finding that ?the NFLPA released the claims it attempts to assert in the underlying action.?

As a result, the settlement agreement won?t be reopened, and the NFLPA won?t be able to pursue upwards of $1 billion in damages from the NFL.

While the union may now appeal the outcome, the United States Court of Appeals for the Eighth Circuit has a reputation for being conservative and, thus, pro-business.? Which makes it highly unlikely that Judge Doty?s decision would be overturned.

Indeed, most judges regardless of politics prefer to see settled cases remain settled.? In this case, the NFL and the NFLPA resolved their differences, including any claim that there was collusion in 2010 regarding the uncapped year that, based on the penalties imposed on the Cowboys and Redskins, wasn?t really uncapped.

Source: http://profootballtalk.nbcsports.com/2012/12/31/bears-fire-lovie-smith/related/

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