Rivera plans to announce if this is final season


TAMPA, Fla. (AP) — New York Yankees closer Mariano Rivera said he's reached a decision on whether this will be his final season and plans to announce it before opening day.


"Yes, I have," Rivera said Wednesday after the Yankees' first spring training workout for pitchers and catchers. "But again, I will tell you guys when I think it's the right moment."


Baseball's career saves leader had surgery June 12 to repair a torn anterior cruciate ligament in his right knee, an injury that occurred while he was shagging fly balls during batting practice in Kansas City on May 3.


The 43-year-old right-hander expects to be ready for the regular season. He threw 25 pitches off a bullpen mound and said it felt good.


"It was wonderful to be out there again," Rivera said.


When asked on a scale of one to 10 how the knee currently is, Rivera said, "around nine, for sure."


He added: "The other point will be the running that I do here."


Rivera wore a small, light-weight brace during Wednesday's workout, which had him also take part in fielding drills, including covering first base. He is planning to use a brace in games this year.


Rivera will continue shagging fly balls in batting practice, an activity that has the approval of Yankees manager Joe Girardi.


"That's part of who he is," Girardi said. "So, I don't want to take it away from him."


Rivera will likely pitch his normal seven or eight innings in spring training games, but could throw additional batting practice sessions or simulated games.


"We really don't have a whole lot of restrictions on Mo," Girardi said. "We will watch him carefully to make sure that we don't think he's taxing it too much. We feel pretty good about where he's at."


NOTES: LHP Andy Pettitte decided not to pitch in the World Baseball Classic after talking with team officials that included Girardi and general manager Brian Cashman. "I wanted to play," Pettitte said. "Obviously, after having some conversations with the Yankees — (who were) not too excited about me playing in it — just decided against it. It was a tough decision. I've never had a chance to play for my country, but it was a real big deal to me. And was really, really, really considering do that. It was one of those deals where I felt like this was probably the best move that I could make for this organization and for our team."


Read More..

Well: Straining to Hear and Fend Off Dementia

At a party the other night, a fund-raiser for a literary magazine, I found myself in conversation with a well-known author whose work I greatly admire. I use the term “conversation” loosely. I couldn’t hear a word he said. But worse, the effort I was making to hear was using up so much brain power that I completely forgot the titles of his books.

A senior moment? Maybe. (I’m 65.) But for me, it’s complicated by the fact that I have severe hearing loss, only somewhat eased by a hearing aid and cochlear implant.

Dr. Frank Lin, an otolaryngologist and epidemiologist at Johns Hopkins School of Medicine, describes this phenomenon as “cognitive load.” Cognitive overload is the way it feels. Essentially, the brain is so preoccupied with translating the sounds into words that it seems to have no processing power left to search through the storerooms of memory for a response.


Katherine Bouton speaks about her own experience with hearing loss.


A transcript of this interview can be found here.


Over the past few years, Dr. Lin has delivered unwelcome news to those of us with hearing loss. His work looks “at the interface of hearing loss, gerontology and public health,” as he writes on his Web site. The most significant issue is the relation between hearing loss and dementia.

In a 2011 paper in The Archives of Neurology, Dr. Lin and colleagues found a strong association between the two. The researchers looked at 639 subjects, ranging in age at the beginning of the study from 36 to 90 (with the majority between 60 and 80). The subjects were part of the Baltimore Longitudinal Study of Aging. None had cognitive impairment at the beginning of the study, which followed subjects for 18 years; some had hearing loss.

“Compared to individuals with normal hearing, those individuals with a mild, moderate, and severe hearing loss, respectively, had a 2-, 3- and 5-fold increased risk of developing dementia over the course of the study,” Dr. Lin wrote in an e-mail summarizing the results. The worse the hearing loss, the greater the risk of developing dementia. The correlation remained true even when age, diabetes and hypertension — other conditions associated with dementia — were ruled out.

In an interview, Dr. Lin discussed some possible explanations for the association. The first is social isolation, which may come with hearing loss, a known risk factor for dementia. Another possibility is cognitive load, and a third is some pathological process that causes both hearing loss and dementia.

In a study last month, Dr. Lin and colleagues looked at 1,984 older adults beginning in 1997-8, again using a well-established database. Their findings reinforced those of the 2011 study, but also found that those with hearing loss had a “30 to 40 percent faster rate of loss of thinking and memory abilities” over a six-year period compared with people with normal hearing. Again, the worse the hearing loss, the worse the rate of cognitive decline.

Both studies also found, somewhat surprisingly, that hearing aids were “not significantly associated with lower risk” for cognitive impairment. But self-reporting of hearing-aid use is unreliable, and Dr. Lin’s next study will focus specifically on the way hearing aids are used: for how long, how frequently, how well they have been fitted, what kind of counseling the user received, what other technologies they used to supplement hearing-aid use.

What about the notion of a common pathological process? In a recent paper in the journal Neurology, John Gallacher and colleagues at Cardiff University suggested the possibility of a genetic or environmental factor that could be causing both hearing loss and dementia — and perhaps not in that order. In a phenomenon called reverse causation, a degenerative pathology that leads to early dementia might prove to be a cause of hearing loss.

The work of John T. Cacioppo, director of the Social Neuroscience Laboratory at the University of Chicago, also offers a clue to a pathological link. His multidisciplinary studies on isolation have shown that perceived isolation, or loneliness, is “a more important predictor of a variety of adverse health outcomes than is objective social isolation.” Those with hearing loss, who may sit through a dinner party and not hear a word, frequently experience perceived isolation.

Other research, including the Framingham Heart Study, has found an association between hearing loss and another unexpected condition: cardiovascular disease. Again, the evidence suggests a common pathological cause. Dr. David R. Friedland, a professor of otolaryngology at the Medical College of Wisconsin in Milwaukee, hypothesized in a 2009 paper delivered at a conference that low-frequency loss could be an early indication that a patient has vascular problems: the inner ear is “so sensitive to blood flow” that any vascular abnormalities “could be noted earlier here than in other parts of the body.”

A common pathological cause might help explain why hearing aids do not seem to reduce the risk of dementia. But those of us with hearing loss hope that is not the case; common sense suggests that if you don’t have to work so hard to hear, you have greater cognitive power to listen and understand — and remember. And the sense of perceived isolation, another risk for dementia, is reduced.

A critical factor may be the way hearing aids are used. A user must practice to maximize their effectiveness and they may need reprogramming by an audiologist. Additional assistive technologies like looping and FM systems may also be required. And people with progressive hearing loss may need new aids every few years.

Increasingly, people buy hearing aids online or from big-box stores like Costco, making it hard for the user to follow up. In the first year I had hearing aids, I saw my audiologist initially every two weeks for reprocessing and then every three months.

In one study, Dr. Lin and his colleague Wade Chien found that only one in seven adults who could benefit from hearing aids used them. One deterrent is cost ($2,000 to $6,000 per ear), seldom covered by insurance. Another is the stigma of old age.

Hearing loss is a natural part of aging. But for most people with hearing loss, according to the National Institute on Deafness and Other Communication Disorders, the condition begins long before they get old. Almost two-thirds of men with hearing loss began to lose their hearing before age 44. My hearing loss began when I was 30.

Forty-eight million Americans suffer from some degree of hearing loss. If it can be proved in a clinical trial that hearing aids help delay or offset dementia, the benefits would be immeasurable.

“Could we do something to reduce cognitive decline and delay the onset of dementia?” he asked. “It’s hugely important, because by 2050, 1 in 30 Americans will have dementia.

“If we could delay the onset by even one year, the prevalence of dementia drops by 15 percent down the road. You’re talking about billions of dollars in health care savings.”

Should studies establish definitively that correcting hearing loss decreases the potential for early-onset dementia, we might finally overcome the stigma of hearing loss. Get your hearing tested, get it corrected, and enjoy a longer cognitively active life. Establishing the dangers of uncorrected hearing might even convince private insurers and Medicare that covering the cost of hearing aids is a small price to pay to offset the cost of dementia.


Katherine Bouton is the author of the new book, “Shouting Won’t Help: Why I — and 50 Million Other Americans — Can’t Hear You,” from which this essay is adapted.


This post has been revised to reflect the following correction:

Correction: February 12, 2013

An earlier version of this article misstated the location of the Medical College of Wisconsin. It is in Milwaukee, not Madison.

Read More..

Media Decoder Blog: Time Warner in Talks to Sell Off Majority of Magazines

3:53 p.m. | Updated Time Warner, the $49 billion media conglomerate built on the foundation of the printed word, is in early talks with Meredith Corporation to sell its publishing division Time Inc., shedding itself of the vast majority of its magazines, according to three people briefed on the discussions who could not comment publicly on preliminary and private conversations.

The deal being discussed would allow Time Warner to hang onto three flagship magazines, Time, Fortune and Sports Illustrated, while selling the majority of its portfolio, including magazines like Real Simple, Entertainment Weekly, Cooking Light and InStyle. The titles, which amount to essentially a women’s magazine company, make a good fit for Meredith Corporation, based in Des Moines, Iowa, and the publisher of such titles as Better Homes and Gardens and Ladies’ Home Journal. Jack Griffin, a former chief executive at Meredith, served a brief and stormy reign as chief of Time Inc. before Laura Lang took over in January.

Meredith would also gain People magazine, the celebrity weekly and crown jewel of Time Inc.’s stable of 21 magazines.
But Meredith did not express interest in purchasing Time Inc.’s sluggish news titles, said a person briefed on the discussions.

A Time Warner spokesman declined to comment. News of the talks was first reported by Fortune, a magazine owned by Time Inc.

The talks come weeks after Time Inc. announced it would lay off 6 percent of its global work force of more than 8,000 employees during an industrywide decline in subscription and advertising revenue. Overall revenue at Time Inc. has declined roughly 30 percent in the last five years.

Time Warner’s history is rooted in Time, the weekly news  magazine founded by Henry Luce in 1923 on which the giant media conglomerate got its start. But lately the publishing company’s sluggish performance has stood in sharp contrast to the strong performance at Time Warner’s cable channels like HBO, TBS and TNT.

In the last several years, the company has tried to trim some assets unrelated to the television and movie production business. That included shedding AOL, Time Warner Cable, the Warner Music Group and the Time Warner Book Group.

Jeffrey L. Bewkes, chief executive of Time Warner, has denied reports that he would sell Time Inc. He frequently talks about the division’s strongest brands essentially as cable television channels and has aggressively mandated that Time Inc. make its magazines available on digital devices.

“They’re printing pages right now, but they’re also on electronic screens with moving pictures,” Mr. Bewkes said in a previous interview. He added that “a cable channel like TNT or TBS” is “pretty much the same as what People or Time or InStyle should do.”

The company’s exploration of a deal that would allow it to keep male-oriented titles like Sports Illustrated, Time and Fortune would let it maintain its name and historical roots.

“Time’s name is on the door. I think Jeff feels it would be better to hang onto it and not sell it for what would be a low price,” said a person briefed on Mr. Bewkes’s thinking who could not discuss private conversations on the record.

Ms. Lang, previously the chief executive of the digital advertising company Digitas, stepped in at a tumultuous time after Mr. Griffin was forced out after less than six months on the job. She hired Bain & Company, a consultancy based in Boston, to assess the business.

Many of  Time Inc.’s magazine titles have been struggling as more readers have been reading material online, and newsstand sales have dropped. Even titles like People, which long helped financially bolster Time Inc.’s less lucrative titles, has suffered. People’s newsstand sales declined 12.2 percent in the second half of 2012 compared to the year before, according to figures released last week by the Alliance for Audited Media. Its advertising pages dropped by 6 percent in 2012 compared to the year before, according to the Publishers Information Bureau.

Last month, Ms. Lang said she was cutting staff 6 percent, or about 480 people. Magazines like Time and People asked employees to take buyouts and said they would lay people off if they did not meet those numbers. Wednesday is the last day for employees to raise their hands for buyouts.

On a conference call with analysts last week, John K. Martin, chief financial and administration officer at Time Warner, said that “very challenging industry conditions weighed” on the company’s results.

The talks come as News Corporation prepares to sever its publishing assets, including newspapers like The Wall Street Journal and The New York Post, from its more lucrative entertainment division, which includes the cable channels FX and Fox News. The separation is expected to be complete this summer.

Christine Haughney, Michael de la Merced and David Carr contributed reporting.

Read More..

Politics in Bangladesh Jolted by Huge Protests


Andrew Biraj/Reuters


Plain clothes police officers arrest a  Jamaat-e-Islami activist. Clashes erupted after the Bangladeshi government rejected a request by Jamaat leaders to stage a counterprotest against the youth demonstrations.







NEW DELHI — Huge daily demonstrations in the heart of Dhaka, the capital of Bangladesh, are upending the nation’s politics and illustrating how heavily the country’s bloody past still weighs on its present. Thousands of protesters, most of them college students and other young people, demonstrated again on Tuesday, fueled by broad public anger over a recent ruling by the country’s special war crimes tribunal that they say was too lenient.




Though the protests have been peaceful, a gunfight erupted in another part of Dhaka on Tuesday when followers of Jamaat-e-Islami, the country’s largest Islamic political party, vandalized vehicles and clashed with the police. Earlier in the day, the Bangladeshi government had rejected a request by Jamaat leaders to stage a counterprotest against the youth demonstrations.


For more than two years, the Bangladeshi government has been prosecuting defendants accused of atrocities during the country’s 1971 war of independence from Pakistan. On Feb. 5, the special tribunal hearing the cases convicted Abdul Quader Mollah, 65, now a leader of the Jamaat party, on charges of rape and mass murder, and sentenced him to life in prison.


Within hours of the verdict, protesters gathered at Shahbagh, a major intersection in the center of the capital near Dhaka University. Their message was loud and clear: they thought the life sentence was too lenient, possibly the result of a political deal, and they demanded that Mr. Mollah be sentenced to death. Protesters waved torches and banners and chanted slogans like “Joy Bangla.”


“We were really surprised” at the large turnout the first day, said Imran H. Sarkar, one of the organizers. “But young people were very concerned.” Last weekend, the crowds swelled to 200,000 or more by some estimates.


Protests and strikes, common in Dhaka, are often coordinated and organized by political parties. But the Shahbagh protests, as the demonstrations over the verdict have come to be known, were organized by bloggers, and have attracted poets, artists, social activists and untold numbers of other citizens. Related protests are being held in other cities.


The protesters have directed their ire at Jamaat-e-Islami, which has been accused of opposing independence and collaborating with Pakistani forces during the 1971 war, charges the party has denied. At the Shahbagh protests, thousands of people pledged to boycott the Jamaat party and its related businesses, and a delegation of protest leaders presented the Bangladeshi Parliament with a list of demands, including that laws be changed so that Mr. Mollah’s life sentence can be appealed.


Political analysts in Bangladesh say the youth demonstrations reflect broad public disenchantment with the usual style of Bangladeshi politics. Debapriya Bhattacharya, a Bangladeshi economist and former United Nations diplomat, said that the demands for tough sentencing reflected a broader public desire for closure on the 1971 war, in which rapes and assaults of women were common and an estimated three million people were killed.


“There is a general understanding among the people that they want justice in the case,” said Mr. Bhattacharya, who is now a senior fellow at the Center for Policy Dialogue, a leading research institute in Dhaka. “And somehow, at the end of the day here, justice is about capital punishment.”


The protests, he said, are entwined with a rising patriotism among many young Bangladeshis, who are proud of their country’s progress, even as they often distrust the established political parties. “This is something different and something new,” Mr. Bhattacharya said of the protests. “This is the rise of a new social force that can change the political calculus in the country.”


The Awami League, the political party leading the national government, now faces political pressure from opposing directions. The Shahbagh protesters are complaining that the recent verdict is too lenient, while opposition parties, including the Jamaat party, have accused the government of manipulating the tribunal to ensure convictions of their leaders.


One justice has resigned from the tribunal over irregularities in its proceedings. Before its verdict on Feb. 5, Jamaat and other opposition parties staged huge protests against the tribunal’s proceedings; they sought to renew those protests on Tuesday but the government denied their request. Tensions are expected to remain high as the tribunal issues more verdicts in coming weeks.


The scattered violence on Tuesday occurred about a mile away from the Shahbagh protest site. Followers of Jamaat and members of the party’s youth wing were photographed smashing vehicles and clashing with security officers. Authorities say the Jamaat followers opened fire with machine guns and that the police responded with rubber bullets. Bangladeshi media reported that at least 10 people were injured by the rubber bullets, and that members of the Jamaat youth wing were seen firing weapons and throwing fire bombs.


Julfikar Ali Manik contributed reporting from Dhaka, Bangladesh.



Read More..

Wrestling body reacts to Olympic rejection


LAUSANNE, Switzerland (AP) — The governing body of wrestling says the IOC's move to drop the sport is an "aberration" against a founding event of the Olympics.


Known by its French initials FILA, the organization says it is "greatly astonished" by the IOC executive board decision.


FILA says it will take "all necessary measures" to convince IOC members to maintain wrestling's Olympic status when they meet in Buenos Aires, Argentina, in September.


Still, FILA President Raphael Martinetti faces criticism when his ruling board meets this weekend in Thailand.


Russian federation leader Mikhail Mamiashvili says FILA is the problem, and Martinetti's tasks include defending "wrestling's place before the IOC."


German official Jannis Zamanduridis says "a piece of the Olympic idea is dying with this decision."


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Well: Straining to Hear and Fend Off Dementia

At a party the other night, a fund-raiser for a literary magazine, I found myself in conversation with a well-known author whose work I greatly admire. I use the term “conversation” loosely. I couldn’t hear a word he said. But worse, the effort I was making to hear was using up so much brain power that I completely forgot the titles of his books.

A senior moment? Maybe. (I’m 65.) But for me, it’s complicated by the fact that I have severe hearing loss, only somewhat eased by a hearing aid and cochlear implant.

Dr. Frank Lin, an otolaryngologist and epidemiologist at Johns Hopkins School of Medicine, describes this phenomenon as “cognitive load.” Cognitive overload is the way it feels. Essentially, the brain is so preoccupied with translating the sounds into words that it seems to have no processing power left to search through the storerooms of memory for a response.


Katherine Bouton speaks about her own experience with hearing loss.


A transcript of this interview can be found here.


Over the past few years, Dr. Lin has delivered unwelcome news to those of us with hearing loss. His work looks “at the interface of hearing loss, gerontology and public health,” as he writes on his Web site. The most significant issue is the relation between hearing loss and dementia.

In a 2011 paper in The Archives of Neurology, Dr. Lin and colleagues found a strong association between the two. The researchers looked at 639 subjects, ranging in age at the beginning of the study from 36 to 90 (with the majority between 60 and 80). The subjects were part of the Baltimore Longitudinal Study of Aging. None had cognitive impairment at the beginning of the study, which followed subjects for 18 years; some had hearing loss.

“Compared to individuals with normal hearing, those individuals with a mild, moderate, and severe hearing loss, respectively, had a 2-, 3- and 5-fold increased risk of developing dementia over the course of the study,” Dr. Lin wrote in an e-mail summarizing the results. The worse the hearing loss, the greater the risk of developing dementia. The correlation remained true even when age, diabetes and hypertension — other conditions associated with dementia — were ruled out.

In an interview, Dr. Lin discussed some possible explanations for the association. The first is social isolation, which may come with hearing loss, a known risk factor for dementia. Another possibility is cognitive load, and a third is some pathological process that causes both hearing loss and dementia.

In a study last month, Dr. Lin and colleagues looked at 1,984 older adults beginning in 1997-8, again using a well-established database. Their findings reinforced those of the 2011 study, but also found that those with hearing loss had a “30 to 40 percent faster rate of loss of thinking and memory abilities” over a six-year period compared with people with normal hearing. Again, the worse the hearing loss, the worse the rate of cognitive decline.

Both studies also found, somewhat surprisingly, that hearing aids were “not significantly associated with lower risk” for cognitive impairment. But self-reporting of hearing-aid use is unreliable, and Dr. Lin’s next study will focus specifically on the way hearing aids are used: for how long, how frequently, how well they have been fitted, what kind of counseling the user received, what other technologies they used to supplement hearing-aid use.

What about the notion of a common pathological process? In a recent paper in the journal Neurology, John Gallacher and colleagues at Cardiff University suggested the possibility of a genetic or environmental factor that could be causing both hearing loss and dementia — and perhaps not in that order. In a phenomenon called reverse causation, a degenerative pathology that leads to early dementia might prove to be a cause of hearing loss.

The work of John T. Cacioppo, director of the Social Neuroscience Laboratory at the University of Chicago, also offers a clue to a pathological link. His multidisciplinary studies on isolation have shown that perceived isolation, or loneliness, is “a more important predictor of a variety of adverse health outcomes than is objective social isolation.” Those with hearing loss, who may sit through a dinner party and not hear a word, frequently experience perceived isolation.

Other research, including the Framingham Heart Study, has found an association between hearing loss and another unexpected condition: cardiovascular disease. Again, the evidence suggests a common pathological cause. Dr. David R. Friedland, a professor of otolaryngology at the Medical College of Wisconsin in Milwaukee, hypothesized in a 2009 paper delivered at a conference that low-frequency loss could be an early indication that a patient has vascular problems: the inner ear is “so sensitive to blood flow” that any vascular abnormalities “could be noted earlier here than in other parts of the body.”

A common pathological cause might help explain why hearing aids do not seem to reduce the risk of dementia. But those of us with hearing loss hope that is not the case; common sense suggests that if you don’t have to work so hard to hear, you have greater cognitive power to listen and understand — and remember. And the sense of perceived isolation, another risk for dementia, is reduced.

A critical factor may be the way hearing aids are used. A user must practice to maximize their effectiveness and they may need reprogramming by an audiologist. Additional assistive technologies like looping and FM systems may also be required. And people with progressive hearing loss may need new aids every few years.

Increasingly, people buy hearing aids online or from big-box stores like Costco, making it hard for the user to follow up. In the first year I had hearing aids, I saw my audiologist initially every two weeks for reprocessing and then every three months.

In one study, Dr. Lin and his colleague Wade Chien found that only one in seven adults who could benefit from hearing aids used them. One deterrent is cost ($2,000 to $6,000 per ear), seldom covered by insurance. Another is the stigma of old age.

Hearing loss is a natural part of aging. But for most people with hearing loss, according to the National Institute on Deafness and Other Communication Disorders, the condition begins long before they get old. Almost two-thirds of men with hearing loss began to lose their hearing before age 44. My hearing loss began when I was 30.

Forty-eight million Americans suffer from some degree of hearing loss. If it can be proved in a clinical trial that hearing aids help delay or offset dementia, the benefits would be immeasurable.

“Could we do something to reduce cognitive decline and delay the onset of dementia?” he asked. “It’s hugely important, because by 2050, 1 in 30 Americans will have dementia.

“If we could delay the onset by even one year, the prevalence of dementia drops by 15 percent down the road. You’re talking about billions of dollars in health care savings.”

Should studies establish definitively that correcting hearing loss decreases the potential for early-onset dementia, we might finally overcome the stigma of hearing loss. Get your hearing tested, get it corrected, and enjoy a longer cognitively active life. Establishing the dangers of uncorrected hearing might even convince private insurers and Medicare that covering the cost of hearing aids is a small price to pay to offset the cost of dementia.



Katherine Bouton is the author of the new book, “Shouting Won’t Help: Why I — and 50 Million Other Americans — Can’t Hear You,” from which this essay is adapted.


This post has been revised to reflect the following correction:

Correction: February 12, 2013

An earlier version of this article misstated the location of the Medical College of Wisconsin. It is in Milwaukee, not Madison.

Read More..

Apple’s Cook Calls Hedge Fund Manager’s Lawsuit a ‘Sideshow’







SAN FRANCISCO (Reuters) - Apple Inc Chief Executive Tim Cook said the board is carefully considering David Einhorn's proposal for the company to issue preferred stock and return more cash to investors, but he called a lawsuit brought by the star hedge fund manager against Apple a "silly sideshow."




Waving aside Einhorn's assertion that Apple is clinging to a "Depression-era" mentality, Cook said on Tuesday the board is in "very active discussions" on how to dole out more of its $137 billion hoard of cash and marketable securities.


Einhorn and his Greenlight Capital are suing Apple as part of a wider effort to get the iPhone maker to share more of its cash pile, one of the largest among technology companies. They are challenging "Proposal 2" in Apple's proxy statement, which would abolish a system for issuing preferred stock at its discretion.


The lawsuit, the first major challenge from an activist shareholder in years, calls on Apple to issue perpetual preferred shares that pay dividends to existing shareholders. Such a vehicle, the Einhorn says, would be superior to dividends or share buybacks.


Cook gave Einhorn credit for a novel idea, but the usually unflappable chief executive turned slightly impatient when discussing the lawsuit. He was also dismissive of Einhorn's media and legal blitz - which included the lawsuit as well as multiple television and media interviews.


"This is a waste of shareholder money and a distraction, and not a seminal issue for Apple. That said, I support Prop 2. I am personally going to vote for it," Cook told a packed hall at Goldman Sachs' annual technology industry conference in San Francisco.


The conflict over Prop 2 "is a silly sideshow," added Cook, who on Tuesday traded in his usual casual jeans attire for slacks and a dark suit jacket, in a nod to Wall Street. Cook said he thought it "bizarre that we would find ourselves being sued for doing something good for shareholders."


Einhorn's clash with Apple centers on a proposed change to its charter that would eliminate the company's ability to issue "blank check" preferred stock at its discretion. Apple, which said the change would not preclude future issuance of preferred shares, is recommending shareholders vote in favor at its annual meeting on February 27.


The lawsuit, filed in the U.S. district court in Manhattan, objects to the bundling of the charter change with two other corporate governance-related proposals in "Proposal 2."


The hedge fund manager, a well-known short-seller and Apple gadget fan, counters that striking the preferred-share mechanism from the charter would make it more difficult to issue such securities down the road.


Apple's share price has tumbled in recent months from a high of just over $700 last September. In late afternoon trade on Tuesday, the shares were down around 2.2 percent at $469.30.


DIMINISHING CLOUT


Investors were disappointed that Cook - who rarely makes lengthy public-speaking engagements - did not provide a "more substantial" view on returning cash.


"The only thing that would substantially move the stock would be him saying they were returning cash to shareholders or hinting at a new product," said a manager from a mid-size Dallas hedge fund that owns Apple shares.


"There was a small chance of that happening."


Apple stock is a mainstay of many fund managers' portfolios, with research firm eVestment estimating that 75 percent of U.S. large-cap growth managers had invested more than 5 percent of their portfolios in Apple as of the end of the third quarter of 2012.


But that also increases the pressure on Apple to give away a bigger portion of its cash hoard, which is rising as the share price declines and its outlook grows murkier.


Last March, Apple announced a quarterly cash dividend and a share buyback that would pay out $45 billion over three years. At the time, it was sitting on $98 billion in cash. It has so far returned $10 billion of that, but investors want more.


Read More..

Rabbi David Hartman, 81, Champion of an Adaptive Judaism





JERUSALEM — Rabbi David Hartman, an American-born Jewish philosopher who promoted a liberal brand of Orthodoxy and created a study center that expressed his commitment to pluralism by bringing together leaders from all strains of Judaism, died on Sunday at his home here. He was 81.




His son Donniel said the death came after a long illness.


Rabbi Hartman, who was a professor at Hebrew University for more than 20 years, was a leading advocate of the idea that Jews are partners with God in a covenant, and that they should therefore adapt religious observance to modern values in a multicultural world.


A charismatic teacher and prolific author, he encouraged students to question tradition and urged people of different backgrounds and ideologies to pore over Jewish texts together, a practice more common in his native United States than his adopted country.


“At the center of his thinking was a kind of counter-religious idea, where religious life is a life of affirmation, not a life of denial,” said Moshe Halbertal, a professor of philosophy at Hebrew University and Rabbi Hartman’s former son-in-law. “If human life is not denied by the force of revelation, but it’s actually a participant in revelation, then human life has to come to its full fledge, with its moral convictions, with its encounter with the world.”


The Shalom Hartman Institute, which Rabbi Hartman founded in his father’s name in 1976, has become a theological and cultural landmark, particularly for the thousands of Diaspora Jews who attend frequent conferences or spend summers studying there. With an annual budget of $18 million and a staff of 125, the institute has sponsored two Jerusalem high schools, runs a research center, opened a branch in Manhattan and trained more than 1,000 Israeli military officers. In the last year, according to the institute, more than 5,000 people across North American participated in a Hartman learning series called iEngage.


But Rabbi Hartman’s progressive, universalistic approach was embraced more in the United States than in Israel, where some challenged his status as Orthodox and shunned his open-mindedness as heresy. He received honorary doctorates from Yale and Hebrew Union College, a Reform institution with three branches in the United States and one in Jerusalem, but not the coveted Israel Prize. His never receiving it was a source of painful regret, several people close to him said.


In recent years he had been highly critical of the growing influence of the ultra-Orthodox on public life. He described as “insane” an ultra-Orthodox boycott of a military ceremony in which women sang.


“What is happening today with religion is more dangerous than what’s happening with the Arabs — the Arabs want to kill my body, the Jews are killing my soul,” Rabbi Hartman said in a 2011 interview with the Israeli daily Yediot Aharanot. “I want to return the Torah to the Labor Party, to the entire people of Israel. I don’t want religion to be the private property of certain people. I don’t want the length of the sidelocks to be the determining factor.”


David Hartman was born on Sept. 11, 1931 in the Brownsville section of Brooklyn, one of six children of Shalom and Batya Hartman, Hasidim who had moved to New York from Israel. Donniel Hartman said that the family was poor — Shalom peddled sheets and pillowcases door to door — but that the four boys became rabbis and the two girls married rabbis.


Rabbi Hartman was ordained by Rabbi Joseph B. Soloveitchik, perhaps the most important Orthodox thinker of the 20th century, and received a doctorate of philosophy from McGill University in Montreal. He was a pulpit rabbi in the Bronx and Montreal before moving to Israel in 1971 as part of a generation of Zionists inspired by the Israeli victory in the Arab-Israeli war of 1967.


Rabbi Hartman published several books in English and Hebrew, including two about Maimonides, the Torah scholar of the Middle Ages; one on the theological legacy of Rabbi Soloveitchik; and two about his own spiritual evolution. He was an adviser to Ehud Olmert, the former prime minister; Teddy Kollek, the longtime mayor of Jerusalem; and Zevulun Hammer, Israel’s education minister from 1977 to 1984.


“He was a public philosopher for the Jewish people,” said Michael J. Sandel, a professor of political philosophy at Harvard who has written about Rabbi Hartman’s work. “As Maimonides drew Aristotle into conversation with Moses and Rabbi Akiva, so Hartman renovated Jewish thought by bringing the liberal sensibilities to bear on Talmudic argument.”


Jonathan D. Sarna, a professor of American Jewish history at Brandeis University, described the Hartman Institute as “a little island of pluralism amidst a sea of what was often religious fanaticism,” but noted that “he had to establish his own institutions precisely because, unlike Soloveitchik, he was not really welcomed” by Israel’s religious establishment.


Avi Sagi, a professor at Bar Ilan University and a Hartman fellow who edited a two-volume set on the rabbi’s work, said of him, “He gave me the opportunity to think without any limitation.”


Besides his son Donniel, who replaced him as president of the Hartman Institute, Rabbi Hartman is survived by four other children, including a daughter, Tova, who helped found Shira Hadasha, a feminist Orthodox congregation in Jerusalem; 16 grandchildren and six great-grandchildren. He is also survived by his former wife, Barbara; the couple had married twice and were divorced twice.


Yedidia Z. Stern, a law professor and vice president of the Israel Democracy Institute, said Rabbi Hartman’s charisma and curiosity were apparent even a few weeks before his death, during a Sabbath meal at Donniel Hartman’s home.


“He was ignoring the adults at the table; he was talking to my kids,” Professor Stern said. “He was asking them about school: Do they like the curriculum, what do they think should be different? Even when he was very sick, you can see the life coming out.”


This article has been revised to reflect the following correction:

Correction: February 11, 2013

Because of an editing error, an earlier version of this obituary misstated the number Hebrew Union College branches in the United States.  Hebrew Union College has three branches in the United States and one in Jerusalem, not four in the United States.




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Eagles, QB Vick agree to restructured deal


PHILADELPHIA (AP) — Quarterback Michael Vick, who was slated to earn $16 million next season, has agreed to a restructured deal with the Philadelphia Eagles.


Vick, who was injured and inconsistent last season, eventually giving way to rookie Nick Foles, now has a three-year contract, and will compete with Foles over the next nine months to see who runs new coach Chip Kelly's offense this season.


Vick, who returned to start the season finale vs. the New York Giants in December because Foles was injured, finished the season with 2,362 yards passing, 12 touchdowns and 10 interceptions. The Eagles finished 4-12 and in last place in the NFC East.


Andy Reid was fired as coach the day after the season ended, and Kelly was hired last month. Vick, who will be 33 when next season begins, is still elusive when healthy, and seems equipped to run Kelly's aggressive, up-tempo offense that he is bringing to the Eagles from Oregon.


"He wanted to be here," Kelly said Monday in his first meeting with the media following his opening press conference on Jan. 17. "I had never met him before. The one thing that attracted me to him, is Michael is a competitor. Nick is, too. You want guys who want to compete."


Vick was signed by Philadelphia in 2009, and became the starter in 2010. He led the Eagles that season to an NFC East title, and a memorable 38-31 December win over the Giants in which he rallied the team from a 21-point deficit.


There are questions, of course, about his durability and his age, as he now seems far removed from that resurgent 2010 season. He finished that year with 3,018 yards passing, 676 yards rushing and 30 total touchdowns.


"He's younger than (Dallas quarterback) Tony Romo, and he's right about the same age as (Giants quarterback) Eli Manning," Kelly said. "The only reason I say that is because I told Michael that this morning, and he didn't know."


Vick only played in 10 games last season, and in the finale vs. New York, he had a quarterback rating of just 68.4 en route to a 42-7 loss.


"I looked at the films, and studied the tape. When you look at Michael, it's his toughness. That cannot be overrated at all," Kelly said. "We looked at his skillset. He still has that skillset. He can still throw the football.


"He's got an unbelievable release, and it's our job as coaches to make sure he can get the ball out quickly."


All told, Vick has started 35 games for Philadelphia over the last three seasons. Foles has started six. The Eagles scored just 280 points last season as they endured an eight- and a three-game losing streak. Only Arizona (250) scored fewer in the NFC.


When asked which quarterback would work with the first-team offense in training camp, Kelly smiled and quickly showed he's going to be able to handle the Philadelphia media just fine.


"We'll go alphabetical," he said with a grin. "First name? Last name? We'll flip a coin."


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The New Old Age: The Executor's Assistant

I’m serving as executor for my father’s estate, a role few of us are prepared for until we’re playing it, so I was grateful when the mail brought “The American Bar Association Guide to Wills and Estates” — the fourth edition of a handbook the A.B.A. began publishing in 1995.

This is a legal universe, I’m learning, in which every step — even with a small, simple estate that owes no taxes and includes no real estate or trusts — turns out to be at least 30 percent more complicated than expected.

If my dad had been wealthy or owned a business, or if we faced a challenge to his will, I would have turned the whole matter over to an estate lawyer by now. But even then, it would be helpful to know what the lawyer was talking about. The A.B.A. guide would help.

Written with surprising clarity (hey, they’re lawyers), it maps out all kinds of questions and decisions to consider and explains the many ways to leave property to one’s heirs. Updated from the third edition in 2009, the guide not only talks taxes and trusts, but also offers counsel for same-sex couples and unconventional families.

If you want to permit your second husband to live in the family home until he dies, but then guarantee that the house reverts to the children of your first marriage, the guide tells you how a “life estate” works. It explains what is taxable and what isn’t, and discusses how to choose executors and trustees. It lists lots of resources and concludes with an estate-planning checklist.

In general, the A.B.A. intends its guide for the person trying to put his or her affairs in order, more than for family members trying to figure out how to proceed after someone has died. But many of us will play both these parts at some point (and if you are already an executor, or have been, please tell us how that has gone, and mention your state). We’ll need this information.

Editor’s Note: More information about “The American Bar Association Guide to Wills and Estates” can be found here.


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”


Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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