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Sunday, December 4, 2011
C?roc and Zagat #SmoothTransitions Holiday Guide
C?ROC and Zagat have teamed up to create a free digital holiday guide to the hottest restaurants within NY, LA, DC, Miami, Las Vegas, and Atlanta– the bonus is the 6 beautifully photographed cocktail recipes for these regions. Feel free to post or tweet about your favorite or hometown recipe! You can find the link [...]
Saturday, December 3, 2011
Supreme Court Agenda: Strange Bedfellow, Riverbed Cases This Week (VIDEO)
The Supreme Court rounds out its December sitting this week with a couple of cases rife with ex-bedfellows, strange bedfellows and riverbeds.
Monday: Messerschmidt v. Millender
Shoot a sawed-off shotgun at your ex-girlfriend and you might just bring together some strange bedfellows to help you at the Supreme Court. When Shelly Kelly reported her ex-boyfriend's behavior to the Los Angeles Police Department, they obtained a warrant to search his place of residence for all firearms and proof of ownership or possession, as well as anything that showed his membership with the Crips gang. The SWAT team busted in and cleared the house, which was owned by the trigger-happy boyfriend's foster mother, Augusta Millender. They did not find the weapon Kelly had described, however. Instead, they came up with Millender's personal shotgun. Only later did the detective on the case find the suspect hiding under a motel room bed.
Millender alleged violations of her Fourth Amendment rights, claiming that the police had no probable cause to search for anything more than the ex-boyfriend's sawed-off shotgun. The Supreme Court on Monday will hear argument over whether the detective's error was serious enough to allow Millender, supported by the NRA and the ACLU, to pass through usual legal safeguards and sue the detective in his personal capacity.
Tuesday: Williams v. Illinois
For the fourth time in four terms, the Supreme Court will have it out over the limits of the Sixth Amendment's confrontation clause. In 2009, the justices broke into an ideologically-scrambled 5-4 decision in which Justice Antonin Scalia led Justices Clarence Thomas, John Paul Stevens, David Souter and Ruth Bader Ginsburg to hold that lab reports entered into evidence must be accompanied by the lab tech who prepared it, no matter how reliable the report or understaffed the lab. Stevens and Souter have since retired, but when the Court revisited the issue in 2010 and again last term, both Justices Sonia Sotomayor and Elena Kagan followed in their predecessors' footsteps.
Justice Anthony Kennedy, joined by Chief Justice John Roberts and Justices Stephen Breyer and Samuel Alito, have perpetually dissented on this issue, and they will likely be hoping to peel off one vote to stop what they see as an unjustified exaltation of constitutional principle over criminal procedure practicality.
Wednesday: PPL Montana v. Montana
On Wednesday, the Court will explore the record of Lewis and Clark's expedition to determine who owns the riverbeds upon which three Montana dams rest. Awesome for constitutional history buffs -- and I'll try to make it awesome for everyone else in my after-argument recap.
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Top Chef's Chuy: I Knew I Was Screwed (omg!)
Chuy Valencia won the first two elimination challenges on Top Chef, but he couldn't make it a three-peat. Instead, the Chicago-based chef got the boot after overcooking his salmon with goat cheese dish. "I knew I was screwed so I was expecting it," he tells TVGuide.com. "It's hard to forgive overcooking something." Find out when he realized it all had gone wrong and why he's happy he got eliminated.
Top Chef's Richie: I wasn't thinking clearly
The judges usually punish the overcooked dish, but they seemed to be pretty harsh on all of you guys. Did it feel like it close between the four of you or did you think it was going to be you?
Chuy: Before the episode [aired], I thought it would be so apparent that it would be me, but when I watched it, it did seem like they were evenly grilling the four of us. I don't know. Standing up there, they critiqued all of us, but I wasn't surprised it was me. I knew I f---ed up, so whatever. [Laughs] It is what it is.
How did you end up overcooking the salmon?
Chuy: Well, I think I should've just picked a dish [that required] less attention to detail, something easier to execute in that amount of time. I had to make filling and do a lot of butchering, plating these little pouches. It was definitely a down-to-the-last-minute type of thing for me and at the end you just sort of start panicking. I left it way too long in the oven, so instead of it being at a medium temperature, it was overcooked. I totally understand why I went home. The dish was overcooked. There's no getting around that. It's not a big deal, but it's something, of course, I learned from. It was still fun to be part of the whole thing at the end.
Top Chef's Keith: I knew Sarah and Lindsay would throw me under the bus
When did you realize it was overcooked?
Chuy: I knew it was overcooked when I got them out, but I think it was more after [the service] that I realized how bad it might be. When we were cleaning up and packing our knives and getting ready for elimination, I remember seeing the pouches on the dinner table and it looked like no one really ate much of it, so I kind of figured I might be on the way out.
Tom sounded incredulous that you make this dish at your restaurant.
Chuy: [Laughs] Yeah, we make versions of it with sockeye salmon or trout. They usually sell very well, but obviously in a restaurant you have more time to pay attention and do things as opposed to when you're in a competition of this nature.
Did you pick this dish because you knew it?
Chuy: Sort of. It was something I was comfortable with. But also, since the party was kind of family style, I felt like everyone could have their own individual pouch instead of picking stuff up off the main plate. It would be less work for the guests.
How bummed were you that your bromance with Chris C. ended this early?
Chuy: I wish I [had] stayed longer, but it's cool. I love Chris and Chris Jones from Chicago and Ty-Lor. They're all really cool guys. I didn't want any of those guys to go home. They're awesome. I mean, you might think Chris C. might be one of those stuck-up, good-looking California guys or whatever, but he's a really cool, down-to-earth individual. I'm glad I met everyone. I kind of was happy that it was me leaving instead of them because I love them and I want them to do well. It was like being part of a fraternity almost.
Is bigger better? 5 things to know about Top Chef: Texas
I'm bummed you left because I wanted to hear more stories about your dad making stuff.
Chuy: [Laughs] Oh, there are lots more stories! Maybe I'll tweet one out each week. ... My dad's just one of those guys that just does everything himself. He never bought anything. He was that guy. He did all the gardening, made cabinets, furniture, painted and roofed the house. He worked crazy hours at his job. He's retired now, but he's still making stuff and doing the hardwood in the house. He's an all-around handyman.
Does he still have that handlebar mustache?
Chuy: Oh, totally! Well, it doesn't have the handle anymore, but it's still a cool mustache.
What are you up to now?
Chuy: I'm still at Chilam Balam. It's definitely been busier here. I'm trying to figure what the next thing is, maybe expand with a new restaurant or bar or a food truck. Just seeing what else I can do with my time.
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Stealthy cellphone software stirs outcry
SAN FRANCISCO (AP) ? Technology bloggers are asking if our cellphones are spying on us after a security researcher said a piece of software hidden on millions of phones was recording virtually everything people do with them.
Amid a broad outcry, Sen. Al Franken is calling for an investigation. A class-action lawsuit has been filed against the software's maker, Carrier IQ Inc. of Mountain View, California
The software, which Carrier IQ says is used on some 150 million mobile devices, appears relatively innocuous. It does watch what owners of Sprint Nextel Corp. and AT&T Inc. smartphones do with them, including what people type and the numbers they dial. But it doesn't seem to transmit every keystroke to the company. Instead, it kicks into action when there's a problem, like a call that doesn't go through, and it lets the phone company know.
"It is software that is developed in partnership with carriers with the intent to improve network performance. As far as we can tell, it meets this description in execution," said Tim Wyatt, principal engineer at Lookout, a cellphone security company.
"In line with our privacy policy, we solely use CIQ software data to improve wireless network and service performance," AT&T said in a statement.
Carrier IQ says the data its software gathers is stored by the phone companies or at Carrier IQ's facilities. It doesn't sell the data to third parties. Phone companies, of course, already are custodians of a wealth of private information, including whom you call, where you surf and what your text messages say.
The brouhaha started a few weeks ago, when a programmer named Trevor Eckhart documented Carrier IQ's workings with videos on his blog. The software company threatened him with a lawsuit if he didn't take the information down. The Electronic Frontier Foundation took on Eckhart's case, and the company backed down.
Eckhart posted another video this week, showing Carrier IQ's software logging keystrokes on an HTC EVO 3D from Sprint.
A central privacy worry is what kind of data Carrier IQ is retaining.
Andrew Coward, a Carrier IQ vice president, said the software doesn't record every keystroke or send information about all of them back to the company. The only keystrokes it cares about are specific administrative commands, including those instructing the software to phone "home." The rest it discards, Coward said.
"We never expected to need the content of SMS messages, so we didn't code for it," Coward told The Associated Press in an interview.
Apple Inc. has said it has stopped supporting Carrier IQ in most of its products. Separately, the company came under fire last year over location-tracking features of the iPhone and made a software change to keep data on users' movements for less time.
For now, there's no easy way to uninstall the Carrier IQ software without unsanctioned third-party software. Coward said it is "too early to tell" whether the company will make any substantial changes to the software because of the uproar.
___
Svensson reported from New York.
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Friday, December 2, 2011
Congress bickers toward year-end compromise
Senate Majority Leader Harry Reid of Nev. speaks to reporters about extending the payroll tax cut, Thursday, Dec. 1, 2011, on Capitol Hill in Washington. (AP Photo/Charles Dharapak)
Senate Majority Leader Harry Reid of Nev. speaks to reporters about extending the payroll tax cut, Thursday, Dec. 1, 2011, on Capitol Hill in Washington. (AP Photo/Charles Dharapak)
House Speaker of the House John Boehner of Ohio gestures during a news conference on Capitol Hill in Washington, Thursday, Dec. 1, 2011. (AP Photo/Susan Walsh)
WASHINGTON (AP) ? Republicans and Democrats bickered and blustered Thursday toward eventual compromise legislation extending expiring Social Security payroll tax cuts and long-term jobless benefits through 2012, each seeking political advantage for elections almost a year distant.
The White House weighed in with a written statement opposing the GOP approach, which presidential press secretary Jay Carney said includes "window dressing" hung by Republicans seeking to cut costs by freezing federal workers' pay through 2015 and reducing the government bureaucracy.
By contrast, President Barack Obama and most Democrats in Congress want to extend and expand the payroll tax cut and pay for it by slapping a 3.25 percent surtax on incomes of $1 million or more.
Senate Majority Leader Harry Reid said Republican opponents "insist on helping the very wealthy while turning their back on the middle class," while another member of the leadership, Sen. Richard Durbin of Illinois, said they "put up a transparent fig leaf" that would kill jobs rather than create them.
In remarks on the Senate floor, the Senate Republican leader, Mitch McConnell of Kentucky, said the issue reflected poorly on both Obama and his allies in Congress.
"There's no reason folks should suffer even more than they already are from the president's failure to turn this jobs crisis around," he said. "But there's also no reason we should pay for that relief by raising taxes on the very employers we're counting on to help jolt this economy back to life."
That left both parties seeking the political high ground ? Democrats accusing Republicans of siding with the rich, and Republicans countering that Democrats were taxing small business owners who create jobs ? in advance of a pair of Senate test votes expected late Thursday or Friday morning.
Neither of two rival measures was expected to gain the 60 votes necessary for passage, a double-barreled rejection likely to clear the way for talks on a compromise.
Across the Capitol, House Republicans readied legislation of their own that aides said likely would include the tax cut extension as well as renewed benefits for long-term victims of the worst recession in decades and a painfully slow recovery.
House Speaker John Boehner, R-Ohio, made clear that all costs must be paid for, and said higher taxes were a non-starter.
"Republicans are ready to work with the president and the Democrats to extend the payroll tax cut and unemployment insurance temporarily, but they must be offset with spending cuts elsewhere," he said.
There were other issues under negotiation as lawmakers looked toward the end of a highly partisan year, the first in a new era of divided government.
Boehner said lawmakers were discussing a bill to avoid a scheduled 27 percent cut on Jan. 1 in reimbursement rates for doctors treating Medicare patients.
The two parties also looked for agreement on a measure to fund the government through the Sept. 30 end of the budget year.
Boehner added that he likely would try to include some of the 20 House-passed bills that are part of a GOP jobs package in one of the year-end wrap-up bills. Most of the measures would block federal regulations on various industries, and are stalled in the Senate.
With unemployment hovering around 9 percent nationally, Obama urged Congress in September to renew and expand the Social Security payroll tax cut for workers that he signed a year ago, and called as well for an extension of benefits that can cover up to 99 weeks for the long-term jobless.
State unemployment insurance programs guarantees coverage for six months, but as in previous downturns, Congress approved additional benefits in 2008. Expiration of those payments would mean an average loss of $296 in weekly income for 1.8 million households in January, and a total of 6 million throughout 2012.
On the tax cut extension, Republicans prefer a simple one-year continuation of the existing law, jettisoning Obama's call to deepen the cut while expanding it to cover an employer's portion of payroll taxes.
To pay for the measure, Senate Republicans proposed freezing federal workers' pay through 2015 ? extending a two-year-freeze recommended by Obama ? and reducing the bureaucracy by 200,000 jobs through attrition.
The bill also would raise Medicare premiums for the wealthy, and take steps to deny unemployment benefits and food stamps to anyone with a seven-figure income.
Republicans circulated statistics from the Internal Revenue Service reporting that tax filers with $1 million or more in income received a total of $20.8 million in unemployment benefits in 2009, the latest year for which figures are available. Their bill would impose a 100 percent tax on those payments ? an irony for a party that historically has opposed any tax increases.
____
Associated Press writer Donna Cassata contributed to this report.
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Video: Huntsman daughters release new song
Jon Huntsman's daughters have released a song about their father that is set to a Justin Timberlake tune. Msnbc's Tamron Hall reports.
>> huntsman's daughters have come out with their first cover song called huntsman's back. it is
Source: http://video.msnbc.msn.com/newsnation/45513074/
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Reports say 'Cyber Monday' top online shopping day (AP)
NEW YORK ? Online shoppers spent record amounts on the Monday after the Thanksgiving holiday weekend, making it the biggest online shopping day in history.
Online sales rose 22 percent to $1.25 billion on "Cyber Monday," when retailers ramp up online promotions, according to research firm comScore Inc. That makes it the biggest online shopping day ever, the research firm said. A year ago, "Cyber Monday" sales topped $1 billion for the first time
IBM Benchmark, another company that tracks online sales, reported a 33 percent rise. The average order rose 2.6 percent to $193.24 this year, according to IBM Benchmark. It didn't give total dollar sales numbers for comparison. The company said about 80 percent of retailers offered online deals.
The Cyber Monday numbers point to Americans' growing comfort with using their personal computers, tablets and smartphones to shop.
Over the past few years, big chains like Wal-Mart Stores Inc., the world's largest retailer, have offered more and better incentives, like hourly deals and free shipping, to capitalize on that trend. It's important for retailers to make a good showing during the holiday shopping season, a time when they can make up to 40 percent of their annual revenue.
"Retailers that adopted a smarter approach to commerce, one that allowed them to swiftly adjust to the shifting shopping habits of their customers, whether in-store, online or via their mobile device, were able to fully benefit from this day and the entire holiday weekend, said John Squire, chief strategy officer, IBM Smarter Commerce.
About 6.6 percent of online shoppers used a mobile device to shop, up from 2.3 percent last year. Apple Inc.'s iPhone and iPad were the top mobile devices for retail traffic, with Android devices coming in third.
Web traffic rose 28 percent on Monday, according to another firm, online content-delivery firm Akamai. The peak was at 9 p.m. Eastern when shoppers across the country were online.
The numbers echo a strong shopper showing in brick-and-mortar stores over the holiday weekend. A record 226 million shoppers visited stores and websites during the four-day holiday weekend starting on Thanksgiving Day, up from 212 million last year, according to the National Retail Federation trade group. And sales on Black Friday, the day after Thanksgiving, rose 7 percent to $11.4 billion, the largest amount ever spent, according to ShopperTrak, which gathers stores' data.
A clearer picture of how holiday sales are shaping up will come on Thursday, when major retailers report November sales.
The term "Cyber Monday" was coined in 2005 by The National Retail Federation to encourage Americans to shop online on the Monday after Thanksgiving. It is not always the busiest online shopping day, but in recent years sales on the day have increased as retailers offer more deals specifically for Cyber Monday.
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