Saturday, November 12, 2011

Maharashtra to invest $60 bln over 20 yrs to modernise Mumbai (Reuters)

MUMBAI (Reuters) ? The Maharashtra government has decided to invest $60 billion over the next 20 years to build infrastructure and modernise India's overcrowded financial capital, a top state official said on Thursday.

The investment, to be part-funded through public-private partnerships, is expected to boost the city's housing, transport, power and tourism industries, among others, said Ratnakar Gaikwad, Chief Secretary of Maharashtra.

"The investment is intended for holistic development of the entire Mumbai region, including the hinterland," he said on the sidelines of a conference organised by the India Economic Summit.

According to the latest census data released by the government of India this year, the population of Mumbai is more than 12 million.

Due to lack of space, it is also one of the world's most densely populated cities, estimated to have 20,482 people per square kilometre.

Mumbai, which houses Bollywood, also routinely suffers from congestion on roads and airports, power cuts and water shortages.

Gaikwad said the state has already lined up funds worth 430 billion rupees ($8.6 billion) for the first phase of the project till 2016, and part of it will be used to improve the city's rail transport system.

He said 40 percent of the $60 billion would be raised through public-private partnership models and the rest through government agencies.

The Maharashtra state government has attracted investment from 40 global corporates, including General Electric, L'Oreal, LG Corp and Beiqi Foton Motor, said Prithviraj Chavan, Maharashtra's chief minister.

Chavan said eight agreements have already been signed and 32 more are in the pipeline.

(Reporting by Aniruddha Basu; Editing by Rajesh Pandathil)

Source: http://us.rd.yahoo.com/dailynews/rss/india/*http%3A//news.yahoo.com/s/nm/20111110/india_nm/india604416

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Friday, November 11, 2011

Penn State scandal: Assistant coach won't be at Saturday's game

Penn State assistant coach Mike McQueary won't be at Penn State's last home game, citing "threats." Joe Paterno is seeking legal advice, according to reports.

?Penn State University struggled to stem the damage on Thursday from a sex abuse scandal that ended the 46-year career of football coach Joe Paterno, one of the most revered U.S. sports figures.

Skip to next paragraph

Paterno was fired late on Wednesday after it was revealed he was told in 2002 that his former assistant coach Jerry Sandusky engaged in allegedly sexually inappropriate behavior with a young boy in a campus locker room. While Paterno told his boss, he did not call the police.

NBC News, citing sources, reported on Thursday night that Paterno had hired prominent Washington criminal defense lawyer J. Sedgwick Sollers. Paterno has not been charged with any crimes in the Sandusky case.

A spokesman for Sollers' firm, King and Spalding, could not confirm the report. But Scott Paterno, one of Paterno's sons, tweeted: "No lawyer has been retained."

Separately, the university's athletic department said that Mike McQueary, one of the football team's coaches and a central figure in the sex abuse scandal, would not take part in Saturday's game against the University of Nebraska. It cited "multiple threats" against him.

McQueary was a graduate assistant in 2002 when he saw Sandusky allegedly raping a young boy in the locker room showers. He reported the incident to his supervisors, including Paterno, but not to the police.

Police have plans to boost security at Penn State's final home football game on Saturday, although interim head coach Tom Bradley said he was not concerned about the safety of players.

"We are obviously in a very unprecedented situation," Bradley told a news conference on Thursday of the challenge facing him. "I am going to find a way to restore confidence and start a healing process with everybody."

Sandusky was charged on Saturday with sexually abusing eight young boys over more than a decade and former Penn State athletic director Tim Curley and former finance official Gary Schultz, were charged with failing to report an incident.

Sandusky, Curley and Schultz have all denied the charges.

Along with Paterno, Penn State University President Graham Spanier was also fired on Wednesday after 16 years in the job.

In a statement hours before he was sacked on Wednesday, Paterno announced he would resign and said, "With the benefit of hindsight, I wish I had done more."

He met his legal obligation by reporting the abuse allegation to Curley, legal experts said.

But he stands accused of moral failings for not calling police.

Paterno's fall from grace, weeks after becoming the winningest all-time coach in major U.S. college football, is taking various forms.

On Thursday, Pennsylvania's two U.S. senators, Republican Pat Toomey and Democratic Bob Casey, reversed their nomination for Paterno to receive the Presidential Medal of Freedom -- the nation's highest civilian honor.

"We hope the proper authorities will move forward with their investigation without delay," Toomey and Casey said in a joint statement.

Penn State's board of trustees will meet on Friday to appoint a special committee to investigate the events that lead up to the charges against Sandusky outlined by a grand jury. A press briefing is expected in the afternoon.

A ninth possible victim, now in his 20s, has since come forward and Pennsylvania police have set up a telephone hotline to receive information about the sexual abuse allegations.

"I'm still a big Penn State fan, but I wholeheartedly agree with the firing," said Paul Brosky, 40, of Horsham, Pennsylvania, wearing a Penn State shirt. He said Paterno should have reported the incident once he saw nothing was being done.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/egLjkZyqqhU/Penn-State-scandal-Assistant-coach-won-t-be-at-Saturday-s-game

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Crisis in Italy spurs fears of euro zone break-up (Reuters)

ROME/BERLIN (Reuters) ? Political and economic crisis in Italy spurred fears of a split in the euro zone with borrowing costs for Europe's third biggest economy near unsustainable levels and the bloc unable to afford a bailout.

The escalating crisis prompted European Commission President Jose Manuel Barroso to issue a stern warning of the dangers of splitting the zone. EU sources told Reuters French and German officials had held discussions on just such a move.

"There cannot be peace and prosperity in the North or in the West of Europe, if there is no peace and prosperity in the South or in the East," Barroso said.

German Chancellor Angela Merkel weighed in with a call to arms. She said Europe's plight was now so "unpleasant" that deep structural reforms were needed quickly, warning the rest of the world would not wait. "That will mean more Europe, not less Europe," she told a conference in Berlin.

She called for changes in EU treaties after French President Nicolas Sarkozy advocated a two-speed Europe in which euro zone countries accelerate and deepen integration while an expanding group outside the currency bloc stays more loosely connected -- a signal that some members may have to quit the euro.

"It is time for a breakthrough to a new Europe," Merkel said. "A community that says, regardless of what happens in the rest of the world, that it can never again change its ground rules, that community simply can't survive."

The European Central Bank, the only effective bulwark against market attacks, intervened to buy Italian bonds in large amounts but remained reluctant to go further and Italy's 10-year bond yields shot above 7 percent, a level widely deemed unsustainable, as investor confidence evaporated.

"Financial assistance is not in the cards," one euro zone official said, adding that the bloc was not even considering extending a precautionary credit line to Rome.

POLICY VACUUM

Italy replaced Greece at the center of the crisis as Prime Minister Silvio Berlusconi's insistence on elections instead of an interim government threatened prolonged instability.

Having lost his majority in a parliamentary vote, Berlusconi confirmed he would resign after implementing economic reforms demanded by the European Union, and said Italy must then hold an election in which he would not stand.

He opposed any form of transitional or unity government, which the opposition and many in the markets favor, and said polls were not likely until February, leaving a three-month policy vacuum in which markets could create havoc.

Italian President Giorgio Napolitano said there was no doubt about the resignation of Berlusconi once economic reforms were implemented by parliament within days.

"Therefore, within a short time either a new government will be formed ... or parliament will be dissolved to immediately begin an electoral campaign," Napolitano said.

Even with the exit of a man who came to symbolize scandal and empty promises, it will not be easy for Italy to convince markets it can cut its huge debt, liberalize the labor market, attack tax evasion and boost productivity.

Worries that the debt crisis could be infiltrating the core of the euro zone were reflected in the spread of 10-year French government bonds over their German equivalent blowing out to a euro era high around 140 basis points.

FRUSTRATION

Policymakers outside the euro area kept up pressure for more decisive action to stop the crisis spreading.

Christine Lagarde, head of the International Monetary Fund, told a financial forum in Beijing that Europe's debt crisis risked plunging the global economy into a Japan-style "lost decade."

"If we do not act boldly and if we do not act together, the economy around the world runs the risk of downward spiral of uncertainty, financial instability and potential collapse of global demand."

Berlusconi has reluctantly conceded that the IMF can oversee Italian reform efforts.

Euro zone finance ministers agreed on Monday on a road map for leveraging the 17-nation currency bloc's 440-billion-euro ($600 billion) rescue fund to shield larger economies like Italy and Spain from a possible Greek default.

But there are doubts about the efficacy of those complex plans, and with Italy's debt totaling around 1.9 trillion euros even a larger bailout fund could struggle to cope.

Lagarde said she was hopeful the technical details on boosting the European Financial Stability Fund (EFSF) to around 1 trillion euros would be ready by December.

Many outside Europe are calling on the ECB to take a more active role as other major central banks do in acting as lender of last resort. German opposition to that remains implacable, seeing it as a threat to the central bank's independence.

"The ECB will be drawn like everyone else by the weight of gravity (to act)," one euro zone official said.

"CORE" ZONE DISCUSSED

EU sources told Reuters German and French officials had discussed plans for a radical overhaul of the European Union that would involve establishing a more integrated and potentially smaller euro zone.

The discussions among policymakers in Paris, Berlin and Brussels raise the possibility of one or more countries leaving the zone, while the core pushes to deeper economic integration.

In a speech in Berlin, Barroso said Germany's gross domestic product could contract by 3 percent if the 17-member zone shrank and its economy would shed a million jobs.

"What is more, it would jeopardize the future prosperity of the next generation," he said.

Barroso said any push toward deeper integration should not come at the price of new divisions among EU member states.

GREEK DRAMA

In Greece, a deal on forming a national unity government collapsed as the country headed toward an economic abyss and revived early on Thursday the chances of former European Central Bank vice president Lucas Papademos heading the coalition.

Papademos made his demands for both major parties to back the bailout package, which includes austerity measures that are likely to prove highly unpopular, amid warnings that Europe is running out of patience with Greece and may cut a financial lifeline that the party leaders seem to take for granted.

On a day that was bizarre and chaotic even by Greek political standards, Prime Minister George Papandreou wished his successor well and headed off to meet the president -- only for it to emerge that there was no successor due to feuding in the political parties.

Papademos, whose candidacy had seemed doomed, insisted that both the socialist and conservative parties sign written undertakings to support Greece's 130-billion-euro bailout, as demanded by the European Union, a government source said.

The outgoing prime minister had agreed to the terms laid down by Papademos, who as Bank of Greece governor oversaw the country's adoption of the euro in 2002, the source said.

(Additional reporting by Dina Kyriakidou and Lefteris Papadimas in Athens, Emelia Sithole-Matarise, Kirsten Donovan and William James in London; Writing by Mike Peacock; Editing by Janet McBride and Andrew Roche)

Source: http://us.rd.yahoo.com/dailynews/rss/eurobiz/*http%3A//news.yahoo.com/s/nm/20111110/bs_nm/us_eurozone

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Tuesday, November 8, 2011

Giants rally to beat Patriots; Packers stay perfect (Reuters)

(Reuters) ? In a win that evoked their Super Bowl triumph from the 2007 season, the New York Giants beat the New England Patriots in dramatic fashion on Sunday with a touchdown pass from Eli Manning in the final seconds.

Manning's one-yard pass into the corner to Jake Ballard secured a 24-20 road win for the Giants, who trailed by three points with 1:36 remaining when Patriots quarterback Tom Brady found Rob Gronkowski with a 14-yard touchdown pass.

Manning completed 20 of 39 passes for 250 yards and two touchdowns as the NFC East-leading Giants improved to 6-2 while New England dropped to 5-3 and into a three-way tie with the New York Jets and Buffalo Bills for first in the AFC East.

The Jets enjoyed a statement win at Buffalo as Mark Sanchez tossed a touchdown to Santonio Holmes while LaDainian Tomlinson and John Conner also found the end zone as the Jets picked up their first road win of the season and handed the Bills their first home loss.

The Super Bowl champion Green Bay Packers held off a furious late fightback by the San Diego Chargers to extend their perfect start to the National Football League season with a nail-biting 45-38 victory on Sunday.

Seemingly set for a crushing win when leading 45-24 in the final quarter, the Packers were stunned by two quick touchdowns as Chargers quarterback Philip Rivers twice connected with wide receiver Vincent Jackson in a 67-second span.

But the Packers held on to become only the third defending Super Bowl champion to start their following season 8-0.

The Indianapolis Colts' awful season without injured quarterback Peyton Manning continued with a 31-7 defeat to the Atlanta Falcons (5-3). At 0-9 the Colts are the only winless team in the National Football League.

Manning has not practiced with the Colts since having neck surgery in September and the team could be without tight ends Dallas Clark and Brody Eldridge as both left Sunday's game early with injuries.

RUNNING GAME

The Houston Texans, playing without top receiver Andre Johnson for a fifth straight game, showed off their running game in a 30-12 win over the Cleveland Browns.

Texans running backs Arian Foster (124 yards) and Ben Tate (115 yards) made up for the absence of Johnson, who remains out with a hamstring injury, as both scored touchdowns against a Browns (3-5) defense that struggled to defend the rush.

The Texans defense had a solid day though as Cleveland managed just 172 yards of total offense as they tried to recover from a pair of first quarter Houston touchdowns.

Houston (6-3) lead the AFC South and coach Gary Kubiak's team are starting to look like serious post-season contenders with the effectiveness of their running game.

Tim Tebow earned his second win in three games as a starter for the Denver Broncos (3-5) after completing 10 of 21 passes for 124 yards and two touchdowns in a 38-24 road win over the Oakland Raiders (4-4).

While the hugely popular quarterback and former Heisman Trophy winner as the top U.S. collegiate player put points on the board with his arm, it was his running game that stood out as he ran for 117 yards on 12 carries.

Running back Willis McGahee also helped Denver's cause with two touchdowns and 163 yards rushing.

After losing in Tampa last month and suffering a surprise defeat to the St. Louis Rams last week, New Orleans badly needed a victory at home against the Bucs (4-4) and they got one with a solid all-round display.

Saints quarterback Drew Brees passed for 258 yards and two touchdowns while New Orleans (6-3) produced 195 yards on the ground thanks to the running of Chris Ivory, Pierre Thomas and Darren Sproles.

The San Francisco 49ers grabbed their sixth straight win to improve to 7-1 with a 19-11 victory over the fading Washington Redskins (3-5).

The Miami Dolphins (1-7) finally picked up their first win of the season on the road at Kansas City with quarterback Matt Moore throwing for 244 yards and three touchdowns in a 31-3 win as the Chiefs (4-4) were unable to score after a first quarter field goal.

(Reporting by Simon Evans in Miami; Editing by Frank Pingue)

Source: http://us.rd.yahoo.com/dailynews/rss/sports/*http%3A//news.yahoo.com/s/nm/20111107/sp_nm/us_nfl

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45 New Digital Media Resources You May Have Missed (Mashable)

This week at Mashable, we jumped (or barrel rolled) right into November, buzzing about the great Kardashian divorce of 2011 and already preparing to rock the holiday season. Still reminiscing over last weekend's Halloween shenanigans? Or if you were left unfulfilled because of the snow, we have a few things for you below. If you've been too busy doing push-ups to get ready for the mobs of Black Friday, we've got the weekly features roundup packaged nicely for you right here.

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For more social media news and resources, you can follow Mashable's social media channel on Twitter and become a fan on Facebook.

[More from Mashable: The Evolving Role of Social Media in News Organizations [LIVE BLOG]]


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  • Top 10 Tech This Week [PICS]
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Business & Marketing


For more business news and resources, you can follow Mashable's business channel on Twitter and become a fan on Facebook.

Image courtesy of Flickr, webtreats

This story originally published on Mashable here.

Source: http://us.rd.yahoo.com/dailynews/rss/tech/*http%3A//news.yahoo.com/s/mashable/20111105/tc_mashable/45_new_digital_media_resources_you_may_have_missed

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Monday, November 7, 2011

Legal Theory Blog: Legal Theory Lexicon: Holdings

Introduction

?It used to be the case that an endless investigation of the difference between holding and dictum was a central preoccupation of the first year of law school. Nowadays, depending on which law school you attend and which set of instructors you are assigned, it is perfectly conceivable that you might make it all the way to your second year, with only a vague sense of what the difference between "holding" and "dictum" really is.?This is not an accident.?The old-fashioned, but still powerful, distinction between the?holding?of a case, which has precedential effect, and mere obiter dicta, which have only persuasive effect, does not easily fit in the post-realist landscape of contemporary American legal thought. This installment of the?Legal Theory Lexicon?provides a brief tour of the concept of a holding, with a special emphasis on the ideas that are relevant to a first-year law student with a bent for legal theory.?So here we go!

?Holding,?Dicta, and?Stare Decisis

?It may be obvious, but let's say it anyway. The notion of a "holding" is only relevant because of the doctrine of?stare decisis?or binding precedent. In common law systems, decisions have precedential effect.?It is easy for lawyers--in the United States and other legal cultures descended from the English common-law system--to forget that this need not be the case:?in civil law systems, court decisions do not create binding precedents! ?Given that court decisions set precedents, the question naturally arises:?what is the precedential effect of a decision?? The traditional answer to that question is that subsequent courts are bound to follow the?holding?of a decision, but they are not bound by mere dicta--statements that are "unnecessary to the decision." ?This is as good a place as any to mention that "dictum" is the singular (one unecessary statement) whereas the word "dicta" is the plural of dictum, meaning two or more such statements.

Vertical and Horizontal Stare Decisis

?So to understand the idea of a holding, you also must have a basic knowledge of the doctrine of?stare decisis, which is just the fancy Latin phrase for "precedent." Here are some very basic points:

  • Vertical stare decisis?refers to the power of higher courts to bind lower courts. All courts in the United States are bound by vertical precedent to follow the holdings of decisions by the United States Supreme Court.
  • Horizontal stare decisis?refers to the power of a court to bind itself. The United States Supreme Court does not consider itself bound by its own prior decisions, although it says that it gives them "substantial weight" in its deliberations. The intermediate appellate courts in the federal system are called the United States Courts of Appeal (USCA). When a USCA sits in an ordinary three judge panel, the panel is bound by the prior decisions of the Court. (The USCA is divided into circuits, e.g. the First Circuit, Second Circuit, etc.) However, each Circuit is free to overrule its own prior decisions if it is constituted as an?en banc?court--that is, the full complement of judges on the Circuit sit on a panel. (The Ninth Circuit is different for reasons I won't explain here.)

A Loss of Faith in the Existence of the Holding

?Law students are generally introduced to?holdings?very early in their law school careers. The professor may play some socratic games with early cases, manipulating students into giving broader and narrower formulations of the holdings of the cases. It is quite likely, however, that these games will stop long before the class has a very clear idea of what a holding even is. One of the reasons for this is that the very idea of a holding best makes sense in the context of?legal formalsim?but most law professors (consciously or unconsciously) have adopted some form of neorealism--they no longer believe in holdings in the old-fashioned sense. And when you don't believe that holdings really exist, it hardly makes sense spending a lot of class time trying to master what they are.

Two Theories of Holdings

?In fact, there are several different theories as to what constitutes the holding of a case. ?For simplicity's sake, we will focus on two of these. One theory is associated with legal formalism, and the other with legal realism.?Every law student should become familiar with these two theories!?Once you master them, and have an ability to spot them in action, a huge amount of confusion will simply drop away. What was cloudy will become clear. So here they are:

  • The Formalist Theory of the Holding.?The formalist view is that the holding of a case is its?ratio decidendi.?What in the world does that mean??The?ration decidendi?is the reasoning necessary to reach the result--on the basis of the issues contested by the parties. Early in law school, you might get a professor who tries to whittle the holding of a case down to its?ration decidendi?by asking questions which force the student to see that the rule that she has formulated as the "holding" is broader than the facts of the case. It is very important to understand that identifying the?ratio decidendi?of a case involves judgments of legal salience. Thus, if the case involves an automobile accident, we know that some facts (the car was red, the accident happended on a Tuesday) are not legally salient and hence are irrelevant to the holding. Other facts (the driver was speeding or the driver was intoxicated) may be legally salient and hence are candidates for inclusion int he holding. Even on the formalist theory of holdings, identification of a holding requires the exercise of practical judgment. If someone tells you that formalists believed that holdings could be identified mechanically, then that person is trying to characterture legal formalism--likely for the purpose of dismssing it.
  • The Realist Theory of Holdings.?Legal realists have a very different theory of what constitutes a holding. Here is one way of getting at it. Legal realists view holdings as predictions of what future courts will do. The holding of a case is simply the best prediction that we can extract from the opinion as to what rule the court would apply in future cases.?And what is the best evidence of how a court will behave in the future??Arguably, the best evidence is the court's own statement as to what rule it will apply in the future. This means that legal realists become very interested when a court introduces a statement of the rule with the statement: "We hold that . . . " No matter how broad this statement might be, the fact that the court pronounced it, legislatively, as a?holding?is strong evidence that the court regards what follows "We hold that . . ." as its own prediction as to what it will do in the future.

What is the debate between realists and formalists really about?

So there are different theories about holdings, realist and formalist.?What is the debate between these two theories about??There are two answers to that question. First, there is a descriptive debate. Formalists may be claiming that when judges use the term "holding" they are, in fact, referring to the ratio decidendi of a case. Realists may be claiming that when judges use the word "holding" they are, in fact, making a prediction about what the court will do in the future.

But in addition to the descriptive debate, there is a normative controversy. Legal formalists may acknowledge the existence of legislative style holdings, but argue it wrong to give courts the power to legislate in this way. Likewise, legal realists may be willing to concede that some courts still use holding in its "old-fashioned,"?ratio decidendisense, but argue that judges should employ legislative style holdings, in order to produce good consequences.

The normative debate between the advocates of broad (legislative) holdings and narrow (case-bound) holdins may be connected with another big controversy--the debate between particularists and the champions of moral rules (or decision procedures). ?Particularists believe that good moral judgments are focused on particular cases--and from that premise, one could argue that good legal decisions should be narrow in scope. ?Those who believe in general moral rules (that correspond to moral rights) might argue that for holdings to protect these rights they must be as broad as the rights are. ?Consequentialists will have their own arguments for broad (or narrow) holdings--such arguments will depend of course on the consequences of having broad or narrow legal rules. ?Another set of normative consideration can be found in the rule-of-law values of publicity, predictability, certainty, and stability of legal rules.

It is always important to sort out the descriptive and prescriptive strands in this sort of debate. ?It is easy to slide from descriptive arguments to normative ones, and vice versa.

Conclusion

The question, "What is the holding of such and such a case?," is inherently ambiguous. The idea of a holding is very much contested in contemporary legal theory. As a first-year law student, you will undoubtedly be searching for holdings. Here is my advice. Always look for at least?two?holdings when you read a case. First, look for the true?ratio decidendi, the narrowest reasoning necessary to sustain the result. Be careful when you do this! Include only the legally salient aspects of the case! Second, look for the rule of law that you think the court is trying to announce. When you do this, be very sensitive to language that announces the intention of the court. "We hold that . . ." or the "The rule is . . ." are frequently giveaways as to the intentions of the court. And then you might compare the two holdings that emerge from these two inquries. Which is broader? Which is narrower? If you read subsequent cases that discuss this case, then you can ask a further question, "Which holding was recognized by subsequent courts as the?the holding?of the case?"

Related Lexicon Entries

Other Resources on the Internet

Bibliography?

(This entry was last revised on November 6, 2011.)

Source: http://lsolum.typepad.com/legaltheory/2011/11/legal-theory-lexicon-holdings.html

bob sanders evan longoria janeane garofalo janeane garofalo neil degrasse tyson neil degrasse tyson braves