Argentine leader's cancer forces her to delegate

Argentina's President Cristina Fernandez talks to Argentine governors at government house in Buenos Aires, Argentina, Wednesday Dec. 28, 2011. Fernandez, who on Tuesday was diagnosed with treatable thyroid cancer, will undergo surgery on Jan. 4 and then take 20 days of medical leave, during which Vice President Amado Boudou will run the country. (AP Photo/Eduardo Di Baia)

Argentina's President Cristina Fernandez talks to Argentine governors at government house in Buenos Aires, Argentina, Wednesday Dec. 28, 2011. Fernandez, who on Tuesday was diagnosed with treatable thyroid cancer, will undergo surgery on Jan. 4 and then take 20 days of medical leave, during which Vice President Amado Boudou will run the country. (AP Photo/Eduardo Di Baia)

Argentina's President Cristina Fernandez talks to a group of Argentine governors at the government house in Buenos Aires, Argentina, Wednesday Dec. 28, 2011. Fernandez, who on Tuesday was diagnosed with treatable thyroid cancer, will undergo surgery on Jan. 4 and then take 20 days of medical leave, during which Vice President Amado Boudou will run the country. Next to Fernandez is a scale model of an iron sculpture of Argentina's former first lady and second wife of President Juan Peron, Eva Peron. (AP Photo/Eduardo Di Baia)

Argentina's President Cristina Fernandez talks to a group of Argentine governors at government house in Buenos Aires, Argentina, Wednesday Dec. 28, 2011. Fernandez, who on Tuesday was diagnosed with treatable thyroid cancer, will undergo surgery on Jan. 4 and then take 20 days of medical leave, during which Vice President Amado Boudou will run the country. (AP Photo/Eduardo Di Baia)

Argentina's President Cristina Fernandez talks to a group of Argentine governors at the government house in Buenos Aires, Argentina, Wednesday Dec. 28, 2011. Fernandez, who on Tuesday was diagnosed with treatable thyroid cancer, will undergo surgery on Jan. 4 and then take 20 days of medical leave, during which Vice President Amado Boudou will run the country. Next to Fernandez is a scale model of an iron sculpture of Argentina's former first lady and second wife of President Juan Peron, Eva Peron. (AP Photo/Eduardo Di Baia)

Argentina's President Cristina Fernandez talks to a group of Argentine governors at the government house in Buenos Aires, Argentina, Wednesday Dec. 28, 2011. Fernandez, who on Tuesday was diagnosed with treatable thyroid cancer, will undergo surgery on Jan. 4 and then take 20 days of medical leave, during which Vice President Amado Boudou will run the country. Pictured at right is a portrait of Argentina's former first lady and second wife of President Juan Peron, Eva Peron. Next to Fernandez is a scale model of an iron sculpture of Peron. (AP Photo/Eduardo Di Baia)

BUENOS AIRES, Argentina (AP) ? Argentina's president cracked jokes and sounded optimistic Wednesday after her thyroid cancer diagnosis was announced, but she's clearly struggling with the need to delegate power while she recovers from next week's surgery.

Cristina Fernandez's thyroid removal operation, scheduled for Jan. 4, is expected to be as routine as cancer surgery can be. Doctors predict a speedy recovery, since papillary thyroid carcinoma detected before it spreads is highly curable without chemotherapy.

Still, the idea of leaving her vice president in charge for 20 days appears to pose a daunting challenge for Fernandez, who has never been comfortable delegating.

She praised her constitutional successor, former Economy Minister Amado Boudou, for sharing her political ideas, but jokingly warned him to "be careful what you do" as interim president and made clear that she'll be keeping a close watch on things while recovering at her home in Patagonia.

"The truth is that I ? everything is too much. You can't be in charge of everything," Fernandez acknowledged. "The body can't handle it."

Indeed. Despite the doctors' assurances, simply combining the words "cancer" and "Cristina" had Argentines worried about the mortality of a leader who has been virtually alone at the top. Even before the death of her husband, Nestor Kirchner, of a heart attack last year, she had grown accustomed to ruling through emergency decrees after consulting only a small circle of loyal advisers.

"It affects me deeply," said Cecilia Maldonado, a young office worker in downtown Buenos Aires. "Because if you begin to think about her having to leave the presidency, or something happening to her ... there isn't anybody who could replace all the energy that she's put into raising up this government."

Fernandez and Kirchner were Argentina's ultimate power couple, whose fervent supporters say they've done more for the country during their combined two terms in office than anyone since legendary strongman Juan Domingo Peron and his wife, Evita, used the country's post-World War II riches to move a generation of working people into the middle class.

Fernandez, 58, dispelled doubts about her survival skills after Kirchner's death and won re-election by a landslide in October, in part because voters saw the grieving widow as indomitable ? the only one capable of containing Argentina's social pressures and keeping on track the economy, which grew at more than 9 percent this year.

Argentina has come back strong from its disastrous devaluation and debt default a decade ago, reducing poverty, unemployment and the wealth gap, and directing billions of dollars in revenue to the poor through social programs. But many worry that such achievements could disappear when Fernandez leaves office.

"Just when it seems like we're getting a little better," complained Maldonado, reacting to the news. "Ten years ago, I lived through 2001, and I really suffered. ... Only now can you see things improving, and plan for the future."

The cancer diagnosis worries Argentines precisely "because it's a one-person government ... where only the president makes decisions," said Mariel Fornoni, director of the Management & Fit consulting firm. "That's why there's so much doubt about what might happen."

Still, Fornoni said, it's clear that the president's planned medical leave is irrelevant, and that no real decision will be made without consulting her.

Fernandez spoke of her cancer diagnosis as she announced new revenue transfers to provincial governments, seeking to project an image of normalcy. Several of the gathered governors and ministers who gave her an extended standing ovation said they were relieved to see her in good spirits and fully in command.

"She seems optimistic, making jokes. Clearly she's not going to let anything slow her down these next four years," said Jorge Capitanich, governor of the northern state of Chaco.

Just behind her during her speech was an architect's rendering of an image of Evita Peron that now towers over the widest avenue in Buenos Aires. Comparisons weren't lost on Argentines, who learn as children that Evita died in 1951 because she neglected her own health while caring for the poor, letting uterine cancer spread until it was incurable.

The president's doctors said Fernandez was told of her cancer on Dec. 22, the same day that her newly inaugurated Senate majority, racing to approve new laws ahead of its summer recess, significantly increased several executive powers.

And while Fernandez talked of delegating on Wednesday, she reversed herself practically in the same breath.

"We're going to keep going with the same energy we've always had. We need to face things as we've always done, taking charge of everything that's our responsibility, and everything else as well," she said. "I'm going to keep working the same as always, for Argentina, for nothing other than her, and for all the Argentines."

___

Associated Press writer Almudena Calatrava in Buenos Aires contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/bbd825583c8542898e6fa7d440b9febc/Article_2011-12-29-LT-Argentina-President's-Health/id-df49b327d8bb474bb423e5de935d99d3

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Insurers paid at least $2.2B for tornado claims

The Alabama Department of Insurance said insurers have paid at least $2.2 billion in claims arising from the April tornado outbreak in Alabama, and more than 2,500 claims are still pending eight months after the storms.

According to the Birmingham News, the figures include amounts that insurance companies regulated by the state have paid for homes, cars, businesses and other property damaged on April 27.

The figures do not include claims paid by companies such as Lloyd's of London, which insure some Alabama property but are not regulated by the state.

Source: http://feeds.bizjournals.com/~r/bizj_birmingham/~3/-b6c6cIn9Ec/tornado-claims-paid-insurers-least-22b.html

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Lenders, plagued by scandal, allow more short sales

J Pat Carter / AP file

Short sales up, foreclosures down. That's because in many cases a short sale may be the lesser of two evils for banks and homeowners versus a foreclosure.

By Martha C. White

It's a tarnished silver lining for people at risk of losing their houses and homeowners in neighborhoods blighted by bank-owned properties, but the robosigning scandal that slowed the foreclosure process to a crawl appears to have increased lender interest in short sales.?

"Foreclosure sales are pretty devastating," said Faith Schwartz, executive director of Hope Now, a resource for homeowners facing foreclosure. "We'd much prefer a modification, but if [homeowners] don't quality, then the next best alternative is deed-in-lieu or short sales."?

Short sales,?in which the lender agrees to let the owner sell the home for less than the amount owed on the mortgage,?and foreclosures both climbed in 2010, but while short sales rose by 26,000 this year, the number of foreclosures fell by 255,000, according to Hope Now. Short sales, along with deed-in-lieu of foreclosure deals in which the lender takes the deed essentially as payment for the mortgage, still upend families, torch credit ratings and hurt neighboring property values, but they're far less toxic than foreclosures.??

Short sales are?better for homeowners. They can stay in their homes, and the quicker process means they can begin rebuilding their credit sooner. Credit scoring firm Fair Isaac Co., which developed the FICO score, says foreclosures and short sales slash the same number of points from a homeowner's credit score. Homeowners with short sales may be able to obtain a loan sooner than foreclosed homeowners, though, which can improve their credit.

In some states, mortgage lenders can pursue a delinquency judgement against homeowners for the difference between the amount due on the mortgage and the purchase price at a foreclosure auction. A delinquent homeowner engaging in a short sale has an opportunity to negotiate away the bank's right to sue for that judgement.

The biggest plus for banks is that they stand to make more from a short sale than a foreclosure. According to foreclosure specialists RealtyTrac.com, the average price of a foreclosed home in the second quarter of 2011 was $164,217, while the average price of a short sale was $192,129.

Besides yielding less, foreclosures also cost lenders more in legal and administrative resources. "The incentives against foreclosing are even larger now," Karen Dynan,?co-director of the Economic Studies program at the Brookings Institution, said via email. "Servicers are facing enormous staffing constraints because they are trying to deal with so many distressed properties, so it is probably even harder now to find the staff to do the paperwork for the foreclosure."

Lenders are also spending more on due diligence, she said. "Servicers and lenders are being heavily scrutinized right now so they?probably are more worried than ever about making a mistake in a foreclosure that could subject them to legal liability in the future."

Neighborhoods also benefit from?short sales rather than foreclosures. "Short sales typically sell at less of a discount than foreclosure sales do," Jed Kolko, chief economist at real estate website Trulia.com, said via email. "Also, foreclosed homes often sit vacant while short sales are re-occupied more quickly. For both these reasons, short sales tend to depress neighboring property values less than foreclosures do."

Another issue that plagues foreclosures is vandalism, either from opportunistic criminals preying on vacant homes or from disgruntled homeowners. "It's often not a friendly process so you frequently have cases where people deliberately vandalize homes," Dean Baker, co-director of the Center for Economic and Policy Research, said.

Some economists worry that the drop in foreclosures is less an indication of lenders' willingness to compromise and more a function of a huge backlog of foreclosures that haven't been processed. "Foreclosures are going to be a drag on the market for along period of time," Baker said.?Until these distressed homes are resold and assimilated back into the market, real estate prices can't stabilize.?

Baker added, though, that lenders facing?years' worth of legal wrangling and costs to execute a foreclosure may be more willing to accept a buyer's offer in a short sale.?

The other caveat is that short sales aren't an option for all distressed homeowners. Short sales are contingent on the ability of sometimes multiple lenders to agree on a price that a buyer is also willing to pay. For people who took out multiple mortgages or have other liens, this presents a challenge. "It's just a little more complicated when you have more parties involved," Schwartz said.

Related story: Real estate recovery in limbo until 2013, experts say?

?

Source: http://bottomline.msnbc.msn.com/_news/2011/12/29/9779389-increase-in-short-sales-give-market-a-little-breathing-room

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Romney compares Gingrich campaign to 'Lucy' sitcom (AP)

DAVENPORT, Iowa ? As far as Mitt Romney's concerned, Newt Gingrich's campaign might as well be a 1950s sitcom.

"I Love Lucy," specifically.

Romney spent most of Tuesday ignoring his Republican rival, attacking President Barack Obama and making his final pitch to Iowa voters ahead of a three-day bus tour in the last days before the Jan. 3 caucuses. But he jabbed at Gingrich during a stop in New Hampshire, knocking the former House speaker for likening his trouble getting onto Virginia's primary ballot to attacks on Pearl Harbor in 1941.

"I think he compared that to ... what was it, Pearl Harbor? I think it's more like Lucille Ball at the chocolate factory," Romney said, referring to the episode where the homemaker Lucy switches places with her husband for a day and is humorously overwhelmed as chocolates fly past her on an assembly line. "You've got to get it organized."

Republican Party officials in Virginia announced over the weekend that Gingrich had failed to submit enough signatures to get on the ballot for the state's March 6 primary. In a post on Facebook, campaign manager Michael Krull compared the situation to the Japanese attacks on Pearl Harbor in December 1941.

The joke was the only time all day that Romney directly acknowledged his GOP rivals. Instead, he delivered a version of his closing argument speech railing against Obama and Vice President Joe Biden. Biden criticized Romney in an opinion piece in the Des Moines Register on Friday.

Romney's schedule shows a campaign bent on executing a strategy to do well in Iowa's GOP caucuses. In 2008, a second-place finish here dealt a serious blow to his candidacy. He lost a series of other key early states and dropped out of that race in early February.

Now, Romney's team is focusing on making sure the 25 percent of Iowa caucus-goers who backed him last time will support him again in a week's time. He's spending the next three days on a bus tour of the eastern part of the state, largely in counties where he won in 2008. He'll start in Muscatine and visit Clinton, Iowa City, Cedar Falls, Mason City and Ames before ending the tour Friday in Des Moines.

Ahead of the final push, though, he's starting to sound like he's already won the presidential nomination ? and even the Iowa caucuses.

"Mr. Biden, we do care that under your policies more Americans have lost their jobs, more Americans are on food stamps, and more Americans have lost their homes. Blaming others is not a plan to get America working," Romney said in his Tuesday speech. "On Jan. 3, Iowa will start our plan to get America working."

In New Hampshire earlier in the day, it was similar. "I'm not exactly sure how all this is going to work, but I think I'm going to get the nomination if we do our job right," Romney said inside the packed dining room of the Coach Stop restaurant, hours before he arrived in Iowa.

And when his wife, Ann Romney, stood to introduce him here, she was completely certain.

"Hope is on the way," she said, gesturing to her husband beside her. "He's going to win the nomination and he's going to beat Barack Obama."

Source: http://us.rd.yahoo.com/dailynews/rss/politics/*http%3A//news.yahoo.com/s/ap/20111228/ap_on_el_pr/us_romney

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Scene of Ind. girl's death is sex offender haven

Allen Count, Ind., Sheriff's Office

Michael Len Plumadore was held without bond after his arrest Monday night in the death of Aliahna Lemmon, 9.

By M. Alex Johnson, msnbc.com

Updated at 7:57 p.m. ET: Michael Len Plumadore, the man accused of killing and dismembering 9-year-old Aliahna Lemmon at his home in Fort Wayne, Ind., has been on the run for 11 years for battery of a Florida law enforcement officer.

Florida Department of Correction records show that Plumadore, now 39, fled the state after he was sentenced to a year in prison in May 2000. Details of the incident in Miami Beach weren't immediately available.

Updated at 6:45 p.m. ET: The Associated Press, quoting one of the 15 sex offenders living at Northway Woods, reported that Aliahna Lemmon's mother had recently moved to the trailer park to take care of her father, James E. Lemmon, a convicted sex offender who had emphysema.

James Lemmon died Dec. 3 at age 66, Oberlin-Turnbull Funeral Home of Hamilton said. State prison records show that he was convicted March 6, 2006, of child molestation.

The official cause of Aliahna's death was pending completion of an autopsy Wednesday, but a preliminary coroner's report concluded that "the manner of death was homicide."

Original post: The Indiana trailer park that was home to 9-year-old Aliahna Lemmon ? whose dismembered body was found this week ? is also home to an extraordinary number of registered sex offenders, police and court records show.

---

An affidavit filed Tuesday by Allen County sheriff's investigators said Michael Len Plumadore, 39, of the Northway Woods trailer park in Fort Wayne, confessed to having killed and dismembered Aliahna on Friday. Her head, hands and feet were found in a freezer in Plumadore's home; the rest of her body was scattered elsewhere in the area.

Plumadore was held without bail Tuesday pending formal charges.

Plumadore lives in the same trailer park as Aliahna ? who a relative said was partly blind and deaf ? and her two younger sisters, and he often baby-sat for them. The girls had been staying with Plumadore for about a week because their mother was ill.

The affidavit doesn't say why Plumadore would have wanted to kill Aliahna. He isn't on the county's sex offender registry ? court records show only convictions for trespassing, assault and auto theft in Florida and North Carolina.

Northway Woods is one of an increasing number of isolated locations around the country that have become havens for registered sex offenders, who in most states must not live within a certain distance of places where children congregate, such as schools and churches.

The Allen County sheriff's registry shows that 15 sex offenders live at Northway Woods, a small mobile home park with 54 lots, only about 25 of which are occupied. Among them are men with multiple felony convictions for sexual abuse of a minor and child molestation.

In other words, three-fifths of the occupied units house a registered sex offender. That's an extraordinary concentration in Indiana, which has only 137 registered sex offenders per 100,000 population ? the third-lowest ratio among all 50 states, according to data compiled by the National Center for Missing and Exploited Children.

Sex offender registry map from the National Center for Missing and Exploited Children(.pdf)

Seven other registered offenders live within 2 miles of the trailer park, the registry shows ? meaning nearly 5 percent of all of the county's 537 registered sex offenders live within a short walk of one another.

"You see it on TV all the time in other states, in other places, but this is in our own backyard," said Kathleen McKee, who lives in the Northway Woods park. "It's in our own home, and it's scary."

"I feel for the family, because I have three children myself ? two daughters and a son," McKee told NBC station WISE of Fort Wayne. "I can't imagine what that family is feeling, especially around Christmas time."

Before he was arrested, Plumadore gave a brief interview Monday morning to WISE. The station hasn't aired the interview, but it reported that Plumadore said he was going in to take a polygraph test and that he, too, was eager to find Aliahna.

WISE constructed and aired this timeline of the hours leading up to Plumadore's arrest:

Follow M. Alex Johnson on Twitter and Facebook

More content from msnbc.com and NBC News:

?

Source: http://usnews.msnbc.msn.com/_news/2011/12/27/9747130-scene-of-9-year-old-girls-killing-a-haven-for-sex-offenders

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Why Are Korean Copyright Owners Suing an Australian Infringer in San Jose, California?

Technology & Marketing Law Blog

? Another Set of Parties Duel Over Social Media Contacts -- Eagle v. Sawabeh | Main

December 28, 2011

Why Are Korean Copyright Owners Suing an Australian Infringer in San Jose, California?

By Eric Goldman

DFSB Kollective Co., Ltd. v. Tran, 2011 WL 6730678 (N.D. Cal. Dec. 21, 2011)

In light of SOPA, I am paying closer attention to transborder copyright and trademark enforcement actions. After all, SOPA is designed to redress foreign rogue websites, so the results being obtained in court today are highly relevant to the policy debates. As we've previously shown, a lot of SOPA remedies are already being awarded by judges--for better or worse (mostly the latter)--and some of those rulings are raising some of the same due process concerns we have about SOPA.

Today's ruling baffles me, and I'm hoping you'll help me understand the case and the issues. The plaintiffs own copyrights in Korean pop music and are based in Seoul. The defendant is Kenny Tran, who runs ihoneyjoo.com and ihoneydew.com (both offline--more on that later) and is peripatetic on social media. Tran allegedly posted infringing music files and album covers to cyberlockers and other sites and then linked to the uploads from his social media accounts. The plaintiffs claim Tran is "one of the biggest illegal uploaders (and free download link providers) of Korean music in the world" and his site generated more traffic than the top 3 legitimate Korean music sites combined. (If true, this crucial information about consumer behavior made me think of this meme). Tran allegedly profited from his actions by showing ads and soliciting PayPal donations.

The plaintiffs claim they repeatedly sent takedown notices to Tran's service providers, but Tran allegedly evaded enforcement by opening new accounts or switching vendors. So they sued Tran in San Jose, California, where they happened to draw Judge Koh, the only federal district court judge of Korean descent. They claim to have served him in Australia, but Tran hasn't responded to the lawsuit at all.

As usual in default judgments, the judge basically rubber-stamps the plaintiffs' arguments. She finds personal jurisdiction over Tran, a result that's become almost pro forma in copyright infringement cases (see the multiple Righthaven jurisdictional wins). As for Tran's ties to California, Judge Koh says:

it appears as though Defendant has specifically used several California companies to further his scheme of perpetrating illegal downloads. Tran uses California companies Facebook, Twitter, and YouTube to promote the websites he operates, and to allow users access to the pirated copies of the copyrighted music and artwork. Additionally, it appears as though Defendant uses a privacy service located in California to shield his identity....In light of the nature of the websites run by Defendant, it appears that Defendant's activities are expressly aimed at California.

Similarly, with respect to how Tran caused harm in California, the opinion says:

Tran relied on several California companies to further his scheme of providing copyrighted music to a world-wide audience of users. Additionally, given the evidence provided by Plaintiffs of the reach of Defendant's activities, Tran likely knew that harm?in the form of distribution and download of copyright protected material?would be suffered in the forum state.

Completely missing from this discussion is how the plaintiffs suffered any harm in California or, for that matter, had any ties themselves to California. The opinion offers nothing on that point, leaving open the possibility that the plaintiffs are engaged in strategic forum-shopping. The opinion also does some serious arm-waving about the other factors in the personal jurisdiction tests that evaluate the forum's appropriateness--because the plaintiffs apparently didn't provide anything to show their interest in California, the opinion just says a lot of factors are "neutral" when in fact she's working with no information at all. This is typical of default judgments; we usually wouldn't see such corner-cutting in an adversarial proceeding. Similarly, the conclusion that using Twitter or Facebook makes defendants subject to California jurisdiction would not survive properly adversarial proceedings.

The opinion finds direct copyright infringement of 11 albums/129 songs. It also finds contributory copyright infringement, although it never says who the direct infringer is given that Tran allegedly uploaded the files himself (the failure to identify a direct infringer in a contributory copyright infringement analysis is a common error on my Internet Law exam, a mistake that my students usually regret when they get their grade). The opinion punts on the inducement question, saying "there is some doubt as to whether [inducement] is a separate cause of action or more properly considered a species of contributory infringement."

Based on the copyright infringement, Judge Koh approves $5k statutory damages per infringement, for a total of $645k. She also grants the following injunction:

Defendant Kenny Tran, and his officers, agents, servants, employees, and attorneys, are permanently enjoined from copying, displaying, or distributing Plaintiffs' works without permission, and from providing internet links or instructions enabling others to access infringing copies of Plaintiffs' works.

In light of recent injunctions involving foreign rogue websites, this injunction is quite restrained.

This ruling leaves open the big unanswered question: why the plaintiffs didn't sue Tran in Australia? If they really wanted to shut him down, they are more likely to get the desired enforceability from an Australian court.

One possibility is that the plaintiffs knew Tran would default in a US action but feared he would fight in Australia, so suing in San Jose was a quick way to get a default judgment. But is the default judgment actually worth more than the paper it's printed on? I assume they will have some difficulty enforcing their damages award and even more difficulty enforcing the injunction given Tran is in Australia. If Tran breaches the injunction and is held in contempt by a US court, then what? Getting a quick but unenforceable win seems like an odd move.

Another possibility is that the plaintiffs will use the ruling to cut off Tran from US service providers, like kicking Tran off Facebook, Twitter, etc. Interestingly, the injunction doesn't specifically reference any remedies against these third-party service providers, unlike some of the other troubling rogue website enforcements we've blogged about recently. Furthermore, many of those service providers already are willing to kick Tran off as a repeat infringer, but they won't set up the screens required to proactively prevent Tran from setting up new accounts, so I don't see how this injunction helps.

Nevertheless, Tran's two domain names are already down. Did the domain hosts cut off the domain names only because of this ruling? Or would they have done the same with an Australian ruling of infringement? Or, especially in the case of GoDaddy, merely at the copyright owner's request without any judicial adjudication at all?

A third possibility is that the plaintiffs had copyright registrations in the United States but didn't have the requisite copyright standing in Australia. I haven't researched this, but it seems doubtful.

As you can see, I have a lot of questions about this case and not a lot of answers. I'd welcome your thoughts about what's going on here and what it might mean. (As usual, let me know if it's OK to post your email to the blog).

One thing I do know: our judicial system depends on adversarial proceedings, and it frequently breaks down quickly when judges are asked to make rulings based on hearing only one side of the story. In this case, Judge Koh--a shining light in our federal judiciary who normally issues rock-solid opinions--totally sidestepped a deeper inquiry into the plaintiffs' interests in California. I can't imagine she missed this glaring hole in the plaintiffs' case (the opinion unmistakably arm-waves on the factors that would prompt that inquiry), so perhaps she just wanted to quickly move this uncontentious case off her docket. However we get there, it's clear that judges won't aggressively protect defendants in default judgments on their own accord without any help from defendants. Any legislative solution that relies on ex parte or non-adversarial proceedings before a judge superficially appears to bake in due process but instead will suffer the same defect, even when we have great federal judges who try to do the right thing. This has a lot of implications for SOPA, but it's also relevant to OPEN.

For more on the case, see Mike Masnick's post.

Posted by Eric at December 28, 2011 12:34 PM | Copyright

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Medellin, Colombia: Massive Escalator Inaugurated

BOGOTA, Colombia -- Officials in Colombia's second-largest city on Monday inaugurated a giant, outdoor escalator for residents of one of its poorest neighborhoods.

For generations, the 12,000 residents of Medellin's tough Comuna 13, which clings to the side of a steep hillside, have had to climb hundreds of large steps authorities say is the same as going up a 28-story building.

Now they can ride an escalator Medellin's mayor says is the first massive, outdoor public escalator for use by residents of a poor area.

"It turned out very well," said Mayor Alonso Salazar, adding that he has not heard of any such project elsewhere in this world.

Salazar said officials from Rio de Janeiro plan to visit Medellin to see if such an escalator would work in that city's favelas, which also cling precariously to hillsides.

Comuna 13 residents came out to celebrate and study the $6.7 million escalator which officials say will shorten the 35-minute hike on foot up the hillside to six minutes. Use of the escalator is free.

"This is a dream come true," homemaker Olga Holguin told RCN television.

Cesar Hernandez, head of projects for Medellin, said the electric stairway is divided into six sections and has a length of 384 meters (1,260 feet). An escalator goes up and a second goes down. Authorities plan to build a covering for inclement whether.

Salazar described Comuna 13 as the city's district that has "suffered the greatest urban violence... but lately this has been receding and we hope this social package will help it move forward."

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Source: http://www.huffingtonpost.com/2011/12/26/medellin-colombia-massive_n_1170361.html

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Israel Sells US Military Tech To China Again (Last post on 12/26/2011 at 05:33 AM PST)

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A forum for outdoor activities, other than WVU athletics. Camping, hiking, skiing, biking, geocaching - if it's an outdoor activity, discuss it here!

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by: oldschooleer

Arcade and Fantasy Sports

Discuss video games,and your fantasy sports teams here.

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by: BradyBunCHandler

Source: http://mbd.scout.com/mb.aspx?S=159&F=2545&T=8481825&P=1

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In pursuit, GOP contenders rumble through Iowa (AP)

DES MOINES, Iowa ? Three Republican presidential candidates, each claiming to be the truly conservative alternative to Mitt Romney, are launching bus tours Tuesday through this early nominating state.

Just a week before Iowa's leadoff caucuses, Minnesota Rep. Michele Bachmann, Texas Gov. Rick Perry and former House Speaker Newt Gingrich prepared to rumble through small towns aboard their campaign buses. They're looking for supporters one at a time and hoping to become a roadblock for Romney, who is looking stronger than expected. Romney returns to Iowa on Tuesday after a quick stop in his long-established stronghold of New Hampshire.

Ahead of the Jan. 3 caucuses that officially begin the GOP's nominating calendar, the candidates were returning for a final rush of speeches, meet-and-greet stops and town hall-style meetings. And they are bracing for one last round of advertising, which most observers are expecting to be nasty.

Each campaign has also tried to gauge the level of enthusiasm for Rep. Ron Paul of Texas. The libertarian favorite has built a strong organization here and recent polls suggest he is peaking, a rise that has him tied with or even ahead of Romney ? and drawing more scrutiny for his views.

"There's really three primaries going on here," former Sen. Rick Santorum of Pennsylvania told reporters in Adel, where he went hunting for pheasant and quail. "There's the libertarian primary, which Ron Paul is going to win. Then you've got the moderate primary, which Gingrich and Romney are scrumming for. And you've got three folks who are running as strong conservatives."

He included himself, Bachmann and Perry in that conservative camp. Former Utah Gov. Jon Huntsman signaled early on he would not compete in Iowa and instead plans to start his campaign in New Hampshire.

But with time ticking down in Iowa, several hopefuls are packing their days with rambling road trips to sparsely populated corners of the state. If history is a predictor, some of these candidates will be former candidates after the first contest.

Bachmann last week began her effort to visit each of the state's 99 counties, an ambitious pace that left her darting into diners and gas stations for quick visits. She was set to return to that pace early Tuesday in Council Bluffs, on the state's western edge. By nightfall, she was slated to have visited another 10 counties.

Perry was set to begin his tour in Council Bluffs several hours later. He planned just four stops during his day.

Gingrich was ready to return to the opposite side of the state, with three stops in Dubuque.

Paul was set to return Wednesday for a late push ahead of the New Year's holiday.

Many of those expected to participate in the caucuses remain undecided, and most of the contenders have seen their fortunes rise quickly and then deflate. Romney and Santorum have remained relatively steady: Romney solidly near the top and Santorum consistently struggling to build support.

Yet Santorum alone has achieved the accomplishment of visiting all 99 counties. With more than 350 campaign events behind him this year, he is hoping the early groundwork ? and a possible late surge ? help him beat expectations.

He was slated to start his day in Fort Dodge, in the deeply conservative far northwest corner of the state.

Source: http://us.rd.yahoo.com/dailynews/rss/politics/*http%3A//news.yahoo.com/s/ap/20111227/ap_on_el_pr/us_gop_campaign

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Red Cross encourages donors to ?Tech the Halls? with Apple iPad 2 giveaway

The American Red Cross South Carolina Blood Services Region is encouraging donors to ?Tech the Halls? with an Apple iPad 2 giveaway. All presenting blood and platelet donors at the Columbia donation center Dec. 19, 2011 through Jan. 2, 2012 will automatically be entered for a chance to win a free Apple iPad 2.?

?Columbia Donation Center

2751 Bull St.

Columbia, S.C. 29201

?

Blood donation hours:
Monday: 11 a.m. - 7 p.m.
Tuesday: 11 a.m. - 7 p.m.
Wednesday: 11 a.m. - 7 p.m.
Thursday: 7 a.m. - 2 p.m.
Friday: 7 a.m. - 2 p.m.
Saturday: 7 a.m. - 2 p.m.

?

Platelet donation hours:
Sunday: 6 a.m. - 1 p.m. (open 6 a.m.-noon Christmas day)
Monday: 6 a.m. - 6 p.m.
Tuesday: 6 a.m. - 6 p.m.
Wednesday: 11 a.m. - 6 p.m.
Thursday: 6 a.m. - 1 p.m.
Friday: 6 a.m. - 1 p.m.
Saturday: 6 a.m. - 1 p.m.

?

For your chance to win, simply stop by your local South Carolina Blood Services Region Red Cross donation center from Dec. 19, 2011 through Jan. 2, 2012 to donate blood or platelets. One lucky presenting donor in the South Carolina Region will be selected at random to receive an iPad 2.

?

The need for blood and platelets is constant and doesn?t pause for the holidays. By taking time to donate this winter, you can help the Red Cross ensure a stable supply for all patients who need blood products.

?

All blood types are needed to help maintain a sufficient blood supply, especially type O negative. Type O negative blood, the universal blood type, is always in high demand because it can be transfused to patients with any blood type, especially in emergency situations.

?

Every two seconds, someone in the United States needs blood. The American Red Cross South Carolina Blood Services Region provides lifesaving blood to patients in 54 hospitals. Approximately 500 people need to give blood or platelets each week day to meet hospital demand.

?

Blood can be safely donated every 56 days. Most healthy people age 17 and older, or 16 with parental consent, who weigh at least 110 pounds, are eligible to donate blood and platelets. Donors who are 18 and younger must also meet specific height and weight requirements.

?

For more information or to schedule an appointment to donate, call 1-800-RED CROSS (733-2767) or visit redcrossblood.org.

?

Source: http://kershawcounty.wistv.com/news/community-spirit/50875-red-cross-encourages-donors-tech-halls-apple-ipad-2-giveaway

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Obituary: Eva Ekvall, Former beauty queen and breast cancer campaigner, 1983 - 2011

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Eva Ekvall, Former beauty queen and breast cancer campaigner, 1983 - 2011

Saturday December 24,2011

By Daily Express Reporter

THE former Miss Venezuela Eva Ekvall, who devoted the last years of her life to breast cancer awareness, has died of the disease in Houston, Texas.

Discovered by a model scout while working in a clothes shop in Caracas, Ekvall enjoyed a career of pageantry culminating in her being crowned Miss Venezuela in 2000, aged 17. She also came third in the Miss Universe competition of 2001 and went on to become a television news anchor. Good times continued when she met radio producer John Fabio Berm?dez, whom she married in September 2007.

Born to an American father of Swiss-Hungarian heritage and a Jamaican mother, Ekvall grew up in Caracas and graduated with a degree in journalism. It was fitting then, that? after being diagnosed with cancer in February 2010, six months after the birth of her only child Miranda, she decided to document her experiences in a book.

It was called Fuera de Foco (Out Of Focus), with portraits taken by the well-known Venezuelan photographer Roberto Mata. She said of the images, some of which displayed her undergoing chemotherapy: ?I don?t like to look ugly? but you know what? Cancer is not pretty.?

Eva Ekvall, Former beauty queen and breast cancer campaigner, March 15 1983 - December 17, 2011, aged 28

Ekvall felt strongly that women needed to be more aware of the disease, acting as a spokeswoman for the Venezuelan breast cancer charity SenosAyuda.

In her last interview she said that Venezuelans have ?a bad memory? and if she were to fully recover in a year they would forget that she had ever been ill. In a way then, her death serves as a reminder but a deeply tainted one at that. On the possibility that the disease might return, Ekvall said: ?That?s the fear you live with for the rest of your life.? Sadly, in Ekvall?s case, that was not long at all.

She is survived by her husband, daughter, parents and brother.

Source: http://uk.express.feedsportal.com/c/33338/f/565882/s/1b39d482/l/0L0Sdailyexpress0O0Cposts0Cview0C2916930CObituary0EEva0EEkvall0EFormer0Ebeauty0Equeen0Eand0Ebreast0Ecancer0Ecampaigner0E19830E20A110C/story01.htm

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Hamas leader to AP: New focus on popular protests

In this Wednesday, Dec. 21, 2011 photo, Khaled Mashaal, political leader of Hamas, left, meets with Palestinian President Mahmoud Abbas in Cairo Egypt. (AP Photo/Office of Khaled Mashaal, HO)EDITORIAL USE ONLY, NO SALES

In this Wednesday, Dec. 21, 2011 photo, Khaled Mashaal, political leader of Hamas, left, meets with Palestinian President Mahmoud Abbas in Cairo Egypt. (AP Photo/Office of Khaled Mashaal, HO)EDITORIAL USE ONLY, NO SALES

CAIRO (AP) ? Hamas will focus on a strategy of holding mass protests against Israel in the style of the Arab Spring, although it is not renouncing the use of violence against the Jewish state, the Islamic group's leader, Khaled Mashaal, told The Associated Press late Thursday.

Mashaal was in Cairo for reconciliation talks with Hamas' rival, President Mahmoud Abbas of Fatah. The sides agreed that Hamas would join the Palestine Liberation Organization, led by Abbas, and allow elections to go ahead in Gaza and the West Bank in 2012.

Popular protests have "the power of a tsunami," Mashaal said, pointing to the recent waves of demonstrations across the Arab world.

"Now we have a common ground that we can work on ? the popular resistance, which presents the power of people," he said. The idea for the protests originated with the Palestinians themselves and the uprising they launched against Israel in 1987, he said, typified by crowds of rock-throwing Palestinian youths confronting heavily armed Israeli soldiers.

Mashaal also gave rare Hamas public support to the idea of a Palestinian state in the West Bank, Gaza Strip and east Jerusalem. Hamas ideology does not accept the presence of a Jewish state in an Islamic Middle East.

Israeli government spokesman Mark Regev dismissed Mashaal's statements, noting Friday that Hamas has repeatedly said it seeks Israel's destruction.

"Hamas is very open and public about its position ? it believes the Jewish state should be obliterated, it fundamentally opposes peace and reconciliation, and it sees every Israeli civilian as a legitimate target," he said. "One cannot build policy upon wishful thinking."

During the AP interview in Cairo after his meeting with Abbas, Mashaal said Hamas would not renounce its own armed fight against Israel. The group has killed hundreds of Israelis, most of them civilians, in suicide bombings, shootings and rocket attacks since the Islamist group was formed in 1987.

"As long as there is an occupation on our land, we have the right to defend our land by all means, including military resistance," he said.

Israel holds Hamas responsible for Gaza militants firing hundreds of rockets at Israel in recent months, as Hamas rules Gaza. Hamas blames splinter groups for the rocket attacks and has mostly kept a cease-fire that followed a three-week war three years ago, an Israeli attempt to stop the rocket barrages.

Hamas considers all of Israel to be occupied land. Abbas and his Palestinian Authority, in contrast, say they would accept a Palestinian state alongside Israel in the West Bank and Gaza Strip, inside what are known as the "1967 borders."

Mashaal told the AP his group, too, would be prepared to accept those borders.

"We have political differences, but the common ground is the state on the '67 borders. Why don't we work in this common area," he said.

Hamas has said in the past that it would accept such a state as a temporary measure as a stage toward destroying Israel, which remains the group's stated goal. Mashaal did not repeat that in the interview.

The split between Hamas and Fatah, he said, "is not a normal thing, and it should be ended and will be ended."

"The nation is bigger than the party," he said.

The two Palestinian factions have been at odds since Hamas won Palestinian elections in 2006, defeating Fatah. The differences spiraled into violence that claimed hundreds of lives and resulted in Hamas' violent takeover of Gaza in 2007.

That left Abbas in charge only in the West Bank, where he governs Palestinian cities under Israel's overall security control.

Hamas is considered by the U.S. and EU to be a terror organization. Abbas' Palestinian Authority is funded largely by Western countries, including the U.S., and has close security ties with Israel.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/cae69a7523db45408eeb2b3a98c0c9c5/Article_2011-12-23-ML-Palestinians-Hamas/id-5ce6cd02da9f4aa5834ad15860ade215

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Chinese scientist gets 7 years for stealing US secrets

A Chinese scientist on Wednesday was sentenced to more than seven years in prison for stealing trade secrets of major US agribusiness firms to benefit China.

Huang Kexue, 46, stole secrets on organic insecticides from Dow AgroSciences, where he worked from 2003-2008, and handed them over to research students at or linked to Hunan Normal University, where he also was involved in research, the Justice Department said.

He was sentenced to 87 months in prison, after entering into a plea agreement on two counts hoping to reduce his sentence.

Huang, who was sentenced by the US District Judge William Lawrence in the Southern District of Indiana, had faced up to 25 years in prison on the two charges.

"Mr. Huang stole valuable trade secrets from two American companies and disseminated them to individuals in Germany and China," said Assistant Attorney General Lanny Breuer.

"Economic espionage and trade secret theft are serious crimes that, as today's sentence shows, must be punished severely. Protecting trade secrets is vital to our nation's economic success," Breuer stressed.

In a plea agreement, Huang admitted to one count each of economic espionage "to benefit a component of the Chinese government" and theft of trade secrets.

The plea agreement said that "in stealing, transferring and using the trade secrets," Huang "intended to benefit the Hunan Normal University, the National Natural Science Foundation of China, and the 863 Program," all controlled and funded by the Chinese government.

The 863 Program is a Chinese government initiative to develop and acquire high-level technologies to build the country's global position in scientific research and in technology-intensive industries.

The plea agreement said Huang had used the Dow AgroSciences secrets to apply for grants from the National Natural Science Foundation and the 863 Program in 2007-2010, and that at least two applications to the foundation resulted in funds for research through Hunan Normal.

The plea agreement said Huang also stole secrets on enzymes for a new food product from another company, identified in a separate statement as Cargill, when he worked there in 2009.

Source: http://www.seeddaily.com/reports/Chinese_scientist_gets_7_years_for_stealing_US_secrets_999.html

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Trump leaves Republican Party after debate snub (reuters)

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Melanie Amaro wins 'The X Factor' (AP)

LOS ANGELES ? Melanie Amaro has "The X Factor."

The powerful 19-year-old vocalist from Sunrise, Fla., won the Fox talent competition Thursday over soulful 30-year-old singer Josh Krajcik of Wooster, Ohio.

Amaro, who was mentored by judge Simon Cowell and was at one point eliminated then reinstated to the contest, was awarded the grand prize: a $5 million recording contract and a starring role in a Pepsi commercial.

"Oh my God. Oh my God. Oh my God," Amaro repeated after host Steve Jones announced her as the champion.

Despite continued prodding from Jones, an overly emotional Amaro couldn't quite formulate words when she was revealed to have captured the most viewer votes, and she struggled through tears to reprise Beyonce's "Listen," the soaring ballad that Amaro crooned at her audition and on Wednesday's final performance round.

"I want to say, `America, thank you for giving this girl an opportunity,'" said Cowell.

Krajcik, the struggling single father who delivered a stripped down rendition of "At Last" for his final routine, seemed content with his status as "X Factor" runner-up to Amaro, who was born in the British Virgin Islands.

"Melanie deserves it," Krajcik said. "She has a wonderful voice. I had such an incredible experience here. I got to be myself, sing what I want to sing, and I couldn't be happier."

Chris Rene, the recovering 28-year-old singer-rapper from Santa Cruz, Calif., came in third place.

Before the winner was unveiled, the three finalists crooned classic Christmas tunes, and Justin Bieber, Stevie Wonder, Leona Lewis, Pitbull, Ne-Yo and 50 Cent performed various songs with former contestants. Amaro and Krajcik also dueted on David Bowie's "Heroes."

Unlike "American Idol," the contest was open to both solo singers and groups, and had a lower minimum age of 12 and no upper age limit.

The judges also served as mentors. Cowell represented female vocalists, including Amaro; L.A. Reid headed male singers, including Rene; Nicole Scherzinger was in charge of over-30 singers, including Krajcik; and Paula Abdul helmed the groups.

Despite consistent viewership, "The X Factor" has failed to achieve popularity similar to "Idol," which Cowell left last year to import "The X Factor" from the U.K. to the U.S. Fox announced last month that "X Factor" would return for a second season next fall.

___

Fox is owned by News Corp.

___

AP Entertainment Writer Derrik J. Lang can be reached at http://www.twitter.com/derrikjlang.

___

Online:

http://www.thexfactorusa.com

Source: http://us.rd.yahoo.com/dailynews/rss/entertainment/*http%3A//news.yahoo.com/s/ap/20111223/ap_en_ot/us_tv_x_factor

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Blame it on Kim Kardashian? Humphries most disliked player in NBA

To Sports Xchange

2:04 p.m. EST, December 22, 2011

In terms of being the most disliked player in the NBA, LeBron James can't keep up with a Kardashian ex-husband.

New Jersey Nets forward Kris Humphries ? also known for his short-lived marriage to reality star Kim Kardashian ? beat out James for the dubious distinction, according to a survey conducted by Nielsen and E-Poll Market Research that appeared on Forbes.com.

Humphries took in a 50 percent dislike percentage, topping James' 48 percent.

Players must have a minimum 10 percent public awareness level to have been considered, according to Forbes.com.

Kobe Bryant, Tony Parker, Metta World Peace (formerly Ron Artest), Chris Bosh, Carmelo Anthony, Paul Pierce, Dwyane Wade and Lamar Odom completed the top 10.

While James stoked the fans' ire after his highly publicized "decision" to take his talents to South Beach and join the Miami Heat last season, Humphries emerged as one of the league's top rebounders.

Humphries stumbled off the court after a lavish multimillion-dollar, made-for-TV wedding lasted just 2 1/2 months, leading to speculation that it was a publicity stunt.

Source: http://www.mcall.com/sports/mc-bkn-nets-news-20111222-7,0,916186.story?track=rss

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Oy vey! Yiddish making a comeback at colleges (Providence Journal)

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SKorean president presses Japan on sex slaves (AP)

TOKYO ? South Korea's visiting president pressed his Japanese counterpart Sunday to resolve a long-standing grievance regarding Korean women forced to serve as sexual slaves during World War II, calling it a "stumbling block" in their relations.

Japan maintains that the matter was settled by a bilateral treaty in 1965 that normalized relations, and Prime Minister Yoshihiko Noda said he reiterated that stance during their meeting in the ancient capital of Kyoto.

Japanese officials have apologized to the victims, who say they still want compensation and the prosecution of wrongdoers.

President Lee Myung-bak said only 63 women who have identified themselves publicly as former wartime sex slaves are still alive, average age 86. He said 16 such women died this year.

"They could all die in a few years," Lee said, according to his spokesman Park Jeong-ha. "In such a case, (the issue) will remain a big burden the two countries cannot resolve ... We can only resolve (the issue) now."

Historians say up to 200,000 women, mainly from the Korean peninsula and China, were forced to provide sex for Japanese soldiers in military brothels during the war.

"South Korea and Japan should become true partners for co-prosperity and regional peace and stability. For that, I think we need to have the genuine courage of resolving as a priority the issue of comfort women, which has been a stumbling block in relations between the two countries," Lee told Noda, according to a media pool report posted on the president's website.

The issue has emerged after South Korea's Constitutional Court ruled in August that it's unconstitutional for the government not to make specific diplomatic efforts to settle the matter, essentially pushing Lee's government to raise that matter with Tokyo.

Also, protesters in Seoul on Wednesday placed a statue of a girl representing the victims in front of the Japanese Embassy to mark the 1,000th weekly rally for the women forced to work in the wartime brothels.

Several former comfort women, along with some lawmakers, joined the rally, around the life-size statue of the girl, who is sitting on a chair in traditional Korean clothes.

Noda called the statue "regrettable" and said he asked Lee to remove it.

"Our nation's legal position on the issue of comfort women has already been settled," Noda told reporters. He added that Japan would continue to make efforts from a "humanitarian standpoint."

Lee said such a statue would have not been built if Japan came up with more sincere measures to resolve the issue, the presidential spokesman said.

In 1993, then-Chief Cabinet Secretary Yohei Kono apologized to victims after documents were uncovered showing military involvement in the brothels.

Tokyo in 1995 initiated a fund of private donations as a way for Japan to pay former sex slaves without providing official compensation. But many comfort women have rejected the fund, demanding a government apology approved by parliament, along with compensation paid by the government.

Noda said the leaders also discussed speeding up the start of free trade negotiations.

___

Associated Press reporter Hyung-jin Kim in Seoul contributed to this report.

Source: http://us.rd.yahoo.com/dailynews/rss/japan/*http%3A//news.yahoo.com/s/ap/20111218/ap_on_re_as/as_japan_south_korea

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AP-GfK Poll: More than half say Obama should lose

Chart shows selected results of a poll on Barack Obama and the economy

Chart shows selected results of a poll on Barack Obama and the economy

WASHINGTON (AP) ? Entering 2012, President Barack Obama's re-election prospects are essentially a 50-50 proposition, with a majority saying the president deserves to be voted out of office despite concerns about the Republican alternatives, according to a new Associated Press-GfK poll.

Obama's overall poll numbers suggest he could be in jeopardy of losing re-election even as the public's outlook on the economy appears to be improving, the AP-GfK poll found. For the first time since spring, more said the economy got better in the past month than said it got worse. The president's approval rating on unemployment shifted upward ? from 40 percent in October to 45 percent in the latest poll ? as the jobless rate fell to 8.6 percent last month, its lowest level since March 2009.

But Obama's approval rating on his handling of the economy overall remains stagnant: 39 percent approve and 60 percent disapprove.

Heading into his re-election campaign, the president faces a conflicted public that does not support his steering of the economy, the most dominant issue for Americans, or his reforms to health care, one of his signature accomplishments, yet are grappling with whether to replace him with Republican contenders Mitt Romney or Newt Gingrich.

The poll found an even divide on whether Americans expect Obama to be re-elected next year.

For the first time, the poll found that a majority of adults, 52 percent, said Obama should be voted out of office while 43 percent said he deserves another term. The numbers mark a reversal since last May, when 53 percent said Obama should be re-elected while 43 percent said he didn't deserve four more years.

Obama's overall job approval stands at a new low: 44 percent approve while 54 percent disapprove. The president's standing among independents is worse: 38 percent approve while 59 percent disapprove. Among Democrats, the president holds steady with an approval rating of 78 percent while only 12 percent of Republicans approve of the job he's doing.

"I think he's doing the best he can. The problem is the Congress won't help at all," said Rosario Navarro, a Democrat and a 44-year-old truck driver from Fresno, Calif., who voted for Obama in 2008 and intends to support him again.

Robin Dein, a 54-year-old homemaker from Villanova, Pa., who is an independent, said she supported Republican John McCain in 2008 and has not been impressed with Obama's economic policies. She intends to support Romney if he wins the GOP nomination.

"(Obama) spent the first part of his presidency blaming Bush for everything, not that he was innocent, and now his way of solving anything is by spending more money," she said.

Despite the soft level of support, many are uncertain whether a Republican president would be a better choice. Asked whom they would support next November, 47 percent of adults favored Obama compared with 46 percent for Romney, a former Massachusetts governor. Against Gingrich, the president holds a solid advantage, receiving 51 percent compared with 42 percent for the former House speaker.

The potential matchups paint a better picture for the president among independents. Obama receives 45 percent of non-aligned adults compared with 41 percent for Romney. Against Gingrich, Obama holds a wide lead among independents, with 54 percent supporting the president and 31 percent backing the former Georgia congressman.

Another piece of good news for Obama: people generally like him personally. Obama's personal favorability rating held steady at 53 percent, with 46 percent viewing him unfavorably. About three-quarters called him likeable.

The economy remains a source of pessimism, though the poll suggests the first positive movement in public opinion on the economy in months. One in five said the economy improved in the last month, double the share saying so in October. Still most expect it to stay the same or get worse.

"I suppose you could make some sort of argument that it's getting better, but I'm not sure I even see that," said independent voter John Bailey, a 61-year-old education consultant from East Jordan, Mich. "I think it's bad and it's gotten worse under (Obama's) policies. At best, it's going to stay bad."

Despite the high rate of joblessness, the poll found some optimism on the economy. Although 80 percent described the economy as "poor," respondents describing it "very poor" fell from 43 percent in October to 34 percent in the latest poll, the lowest since May. Twenty percent said the economy got better in the past month while 37 percent said they expected the economy to improve next year.

Yet plenty of warning signs remain for Obama. Only 26 percent said the United States is headed in the right direction while 70 percent said the country was moving in the wrong direction.

The president won a substantial number of women voters in 2008 yet there does not appear to be a significant tilt toward Obama among women now. The poll found 44 percent of women say Obama deserves a second term, down from 51 percent in October, while 43 percent of men say the president should be re-elected.

About two-thirds of white voters without college degrees say Obama should be a one-term president, while 33 percent of those voters say he should get another four years. Among white voters with a college degree, 57 percent said Obama should be voted out of office.

The poll found unpopularity for last year's health care reform bill, one of Obama's major accomplishments. About half of the respondents oppose the health care law and support for it dipped to 29 percent from 36 percent in June. Just 15 percent said the federal government should have the power to require all Americans to buy health insurance.

Even among Democrats, the health care law has tepid support. Fifty percent of Democrats supported the health care law, compared with 59 percent of Democrats last June. Only about a quarter of independents back the law.

The president has taken a more populist tone in his handling of the economy, arguing that the wealthy should pay more in taxes to help pay for the extension of a payroll tax cut that would provide about $1,000 in tax cuts to a family earning about $50,000 a year. Among those with annual household incomes of $50,000 or less, Obama's approval rating on unemployment climbed to 53 percent, from 43 percent in October.

The Associated Press-GfK Poll was conducted December 8-12 2011 by GfK Roper Public Affairs and Corporate Communications. It involved landline and cell phone interviews with 1,000 adults nationwide and has a margin of sampling error of plus or minus 4 percentage points.

___

Associated Press writer Stacy A. Anderson and News Survey Specialist Dennis Junius contributed to this report.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2011-12-16-Obama-Poll/id-6704e586298d42da917b8b2cb73449b7

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