School Yoga Class Draws Religious Protest From Christians


T. Lynne Pixley for The New York Times


Miriam Ruiz during a yoga class last week at Paul Ecke Central Elementary School in Encinitas, Calif. A few dozen parents are protesting that the program amounts to religious indoctrination. More Photos »







ENCINITAS, Calif. — By 9:30 a.m. at Paul Ecke Central Elementary School, tiny feet were shifting from downward dog pose to chair pose to warrior pose in surprisingly swift, accurate movements. A circle of 6- and 7-year-olds contorted their frames, making monkey noises and repeating confidence-boosting mantras.




Jackie Bergeron’s first-grade yoga class was in full swing.


“Inhale. Exhale. Peekaboo!” Ms. Bergeron said from the front of the class. “Now, warrior pose. I am strong! I am brave!”


Though the yoga class had a notably calming effect on the children, things were far from placid outside the gymnasium.


A small but vocal group of parents, spurred on by the head of a local conservative advocacy group, has likened these 30-minute yoga classes to religious indoctrination. They say the classes — part of a comprehensive program offered to all public school students in this affluent suburb north of San Diego — represent a violation of the First Amendment.


After the classes prompted discussion in local evangelical churches, parents said they were concerned that the exercises might nudge their children closer to ancient Hindu beliefs.


Mary Eady, the parent of a first grader, said the classes were rooted in the deeply religious practice of Ashtanga yoga, in which physical actions are inextricable from the spiritual beliefs underlying them.


“They’re not just teaching physical poses, they’re teaching children how to think and how to make decisions,” Ms. Eady said. “They’re teaching children how to meditate and how to look within for peace and for comfort. They’re using this as a tool for many things beyond just stretching.”


Ms. Eady and a few dozen other parents say a public school system should not be leading students down any particular religious path. Teaching children how to engage in spiritual exercises like meditation familiarizes young minds with certain religious viewpoints and practices, they say, and a public classroom is no place for that.


Underlying the controversy is the source of the program’s financing. The pilot project is supported by the Jois Foundation, a nonprofit organization founded in memory of Krishna Pattabhi Jois, who is considered the father of Ashtanga yoga.


Dean Broyles, the president and chief counsel of the National Center for Law and Policy, a nonprofit law firm that champions religious freedom and traditional marriage, according to its Web site, has dug up quotes from Jois Foundation leaders, who talk about the inseparability of the physical act of yoga from a broader spiritual quest. Mr. Broyles argued that such quotes betrayed the group’s broader evangelistic purpose.


“There is a transparent promotion of Hindu religious beliefs and practices in the public schools through this Ashtanga yoga program,” he said.


“The analog would be if we substituted for this program a charismatic Christian praise and worship physical education program,” he said.


The battle over yoga in schools has been raging for years across the country but has typically focused on charter schools, which receive public financing but set their own curriculums.


The move by the Encinitas Union School District to mandate yoga classes for all students who do not opt out has elevated the discussion. And it has split an already divided community.


The district serves the liberal beach neighborhoods of Encinitas, including Leucadia, where Paul Ecke Central Elementary is, as well as more conservative inland communities. On the coast, bumper stickers reading “Keep Leucadia Funky” are borne proudly. Farther inland, cars are more likely to feature the Christian fish symbol, and large evangelical congregations play an important role in shaping local philosophy.


Opponents of the yoga classes have started an online petition to remove the course from the district’s curriculum. They have shown up at school board meetings to denounce the program, and Mr. Broyles has threatened to sue if the board does not address their concerns.


The district has stood firm. Tim Baird, the schools superintendent, has defended the yoga classes as merely another element of a broader program designed to promote children’s physical and mental well-being. The notion that yoga teachers have designs on converting tender young minds to Hinduism is incorrect, he said.


“That’s why we have an opt-out clause,” Mr. Baird said. “If your faith is such that you believe that simply by doing the gorilla pose, you’re invoking the Hindu gods, then by all means your child can be doing something else.”


Ms. Eady is not convinced.


“Yoga poses are representative of Hindu deities and Hindu stories about the actions and interactions of those deities with humans,” she said. “There’s content even in the movement, just as with baptism there’s content in the movement.”


Russell Case, a representative of the Jois Foundation, said the parents’ fears were misguided.


“They’re concerned that we’re putting our God before their God,” Mr. Case said. “They’re worried about competition. But we’re much closer to them than they think. We’re good Christians that just like to do yoga because it helps us to be better people.”


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IHT Rendezvous: China Calls for 'No Delay' on Gun Controls in U.S.

HONG KONG — The state news agency in China, the official voice of the government, has called for the United States to quickly adopt stricter gun controls in the aftermath of the shooting rampage in Connecticut that left 28 people dead, including 20 schoolchildren.

According to the state medical examiner who was overseeing autopsies of the children, all of them had been hit multiple times. At least one child had been shot 11 times.

All of the children were in the first grade.

“Their blood and tears demand no delay for U.S. gun control,” said the news agency, Xinhua, which listed a series of shootings this year in the United States.

“However, this time, the public feels somewhat tired and helpless,” the commentary said. “The past six months have seen enough shooting rampages in the United States.”

China suffered its own school tragedy on Friday — a man stabbed 22 children at a village elementary school in Henan Province. An 85-year-old woman also was stabbed.

There were no fatalities, although Xinhua reported that some of the children had had their fingers and ears cut off. The attacker, a 36-year-old man, was reportedly in custody. There was no immediate explanation for his possible motives.

China experienced a spate of attacks on schoolchildren in 2010, with almost 20 deaths and more than 50 injuries. In the fourth of the assaults, a crazed man beat five toddlers with a hammer, then set himself on fire while holding two youngsters.

In another of those attacks in 2010, Zheng Minsheng, 42, stabbed and killed eight primary school students in Fujian Province. Five weeks later, after a quick trial, he was executed.

My colleague Michael Wines reported at the time: “Some news reports stated that Mr. Zheng had mental problems, but most state media said no such evidence existed. Mental illness remains a closeted topic in modern China, and neither medication nor modern psychiatric treatment is widely used.”

“Most of the attackers have been mentally disturbed men involved in personal disputes or unable to adjust to the rapid pace of social change in China,” The Associated Press reported Saturday, adding that the rampages pointed to “grave weaknesses in the antiquated Chinese medical system’s ability to diagnose and treat psychiatric illness.”

Private ownership of guns — whether pistols, rifles or shotguns — is almost unheard of in China. Handgun permits are sometimes (but rarely) given to people living in remote areas for protection against wild animals.

The Chinese school assaults were carried out with knives, kitchen cleavers or hammers, the usual weapons of choice in mass attacks in China. As a precaution before the recent Communist Party Congress in Beijing, the sale of knives was banned in the central area of the capital.

Dr. Ding Xueliang, a sociologist at the University of Science and Technology in Hong Kong, speaking about the Chinese tragedy, told CNN that “the huge difference between this case and the U.S. is not the suspect, nor the situation, but the simple fact he did not have an effective weapon.

“In terms of the U.S., there’s much easier availability of killing instruments — rifles, machine guns, explosives — than in nearly every other developed country.”

In a blog on the Web site of The New Yorker, the magazine’s China correspondent, Evan Osnos, wrote:

It takes a lot to make China’s government — beset, as it is, by corruption and opacity and the paralyzing effects of special interests — look good, by comparison, in the eyes of its people these days. But we’ve done it.

When Chinese viewers looked at the two attacks side by side, more than a few of them concluded, as one did that, “from the look of it, there’s no difference between a ‘developed’ country and a ‘developing’ country. And there’s no such thing as human rights. People are the most violent creatures on earth, and China, with its ban on guns, is doing pretty well!”

Japan, too, has a near-total ban on private gun ownership, and the infrequent mass attacks there — which included a tragic rampage at a primary school in 2001— typically have involved knives.

“Almost no one in Japan owns a gun,” said Max Fisher, writing in The Atlantic in July. “Most kinds are illegal, with onerous restrictions on buying and maintaining the few that are allowed. Even the country’s infamous, mafia-like Yakuza tend to forgo guns; the few exceptions tend to become big national news stories.”

In 2006, Japan had two gun-related homicides. “And when that number jumped to 22 in 2007,” Mr. Fisher said, “it became a national scandal.”

“East Asia, despite its universally restrictive domestic gun policies, hosts some of the world’s largest firearm exporters and emerging industry giants: China, South Korea and Japan,” according to GunPolicy.org, a comprehensive global database maintained by the Sydney School of Public Health at the University of Sydney.

In recent weeks, Chinese police officials in Jiangsu Province seized more than 6,000 illegal guns from two underground workshops and warehouses; a retired prison guard in Hong Kong was jailed for 18 months for keeping an arsenal of guns, silencers, grenades and thousands of rounds of ammunition in his public-housing apartment; and 17 suspected gun smugglers went on trial in Shanghai as part of a joint investigation with U.S. law enforcement officials.

In the Shanghai case, more than 100 semiautomatic handguns, rifles, shotguns and gun parts were express-mailed to China from the United States. One of the masterminds on the American end was Staff Sgt. Joseph Debose, 30, a soldier with a Special Forces National Guard unit in North Carolina. He pleaded guilty to federal charges in September.

“The defendant traded the honor of his position in the National Guard for the money he received for smuggling arms to China,” said Loretta E. Lynch, U.S. Attorney for the Eastern District of New York. “In blatant disregard for everything he was sworn to uphold, the defendant placed numerous firearms into a black market pipeline from the United States to China.”

What’s your view? Would the United States do well to emulate China and Japan, with their comprehensive bans on guns? Or is America a special case because of its Constitutional protections of gun ownership? And apropos of the Fujian attack described above, would you support similarly speedy trials and the death penalty for mass murderers of children?

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RIM shows how BlackBerry 10 touch screen keys could rival even its traditional keyboards [video]






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Butler upsets No. 1 Indiana 88-86 in OT


INDIANAPOLIS (AP) — All Butler guard Alex Barlow saw Saturday was space and an opportunity to make a play.


So the unlikeliest player on the floor took a chance and made the biggest shot of the game.


When Indiana's defenders failed to converge on the 5-foot-11 walk-on, Barlow kept right on going through the lane, drove to the basket and hit a spinning 6-foot jumper with 2.4 seconds left in overtime Saturday to give the Bulldogs another stunning upset — 88-86 over No. 1 Indiana in the Crossroads Classic.


"The floater is a shot I work on a lot and I happened to get a lucky bounce," Barlow said. "It was a good feeling."


Luckily for the Bulldogs (8-2), Barlow was on the floor.


The kid who spurned college scholarship offers to play his best sport, baseball, and opted to come to Butler for only one reason — to learn how to coach basketball from Brad Stevens — showed everyone he can hoop it up, too.


Stevens didn't hesitate to constantly keep the ball in Barlow's hands after three key Butler players had already fouled out. The sophomore who had scored only 12 points in nine games this season and 18 in his college career delivered with a series of key plays.


Barlow finished with a career-high six points, came up with a big steal that led to a go-ahead 3-pointer late in overtime and finally won it with a shot that bounced off the back of the rim, straight into the air and finally through the net.


Indiana (9-1) immediately called timeout to set up a play but could only muster Jordan Hulls' heave from near half-court, a shot that faded to the left of the basket and suddenly the first college in Indiana to go to back-to-back Final Fours had another school first — its first win in five tries over a No. 1 ranked team.


The sold-out arena roared as the game ended, and the Bulldogs rushed to midcourt where they celebrated with Barlow.


"I thought he just rose up over Hulls and it looked good," Stevens said. "Don't use this as an excuse to get down on Indiana. I still think they're the team to beat in April. Our guys just played really hard and when it really mattered, they figured out a way."


Butler (8-2) has now won six straight at Bankers Life Fieldhouse, better known as the home to the NBA's Pacers, and four of the last five when this series been played in Indianapolis. The Bulldogs have wins over Marquette of the Big East, North Carolina of the ACC and back-to-back victories over Northwestern and Indiana of the Big Ten.


And Barlow, the surprising star, overshadowed a supporting cast that had strong games, too.


Roosevelt Jones scored 16 points and matched his career-highs with 12 rebounds and six assists before fouling out with 2:03 left in regulation.


Andrew Smith finished with 12 points and nine rebounds and held national player of the year candidate Cody Zeller in check until fouling out just 17 seconds after Jones.


Rotnei Clarke, who transferred to Butler from Arkansas, scored 13 of his 19 points and made three of his five 3-pointers in the second half.


In all, five Bulldogs players finished in double figures while the defense held one of America's most proficient offenses to just 42.9 percent shooting from the field.


"We cost ourselves at the end of the game defensively," coach Tom Crean said after waiting more than an hour to take questions. "They made the plays, there's no question about that. But we made the mistakes on how we guarded them."


The Hoosiers were led by Cody Zeller, who had 18 points, including a layup to tie the score at 86 with 19.3 seconds left in overtime. Victor Oladipo also had 18 points and Will Sheehey scored 13 points off the bench.


But the Bulldogs grabbed 19 offensive rebounds and outrebounded Indiana — the first team to do that this season.


Clearly, this was not the same Indiana team that won its first nine games by an average of nearly 32 points while shooting 51.5 percent from the field.


"There's a lot of things," said Zeller, who had only five rebounds and four baskets. "We got outrebounded. There's a lot of little things that we have to figure, but we'll get back to work and figure them out."


The difference Saturday was that Butler never let the Hoosiers get away from them — even when Smith and Jones went to the bench with four fouls midway through the second half.


Stevens reinserted both players with 9 minutes to go in regulation, trailing 57-50, and the Bulldogs responded with a 12-0 run that gave them a 66-59 lead with 4:31 left in regulation.


Butler still led 71-64 when Jones fouled out, and the Hoosiers answered with five straight points from the free-throw line. They finally tied the score on Yogi Ferrell's 3-pointer from the right wing with 6.1 seconds to go, and Butler's Chase Stigall missed a 3-pointer off the front of the rim as time expired.


In overtime, Indiana looked like it would take control when Zeller's layup made it 84-80 with 2:12 to play.


But the Bulldogs again rallied, getting a 3 from Clarke, a steal from Barlow that led Stigall's 3-pointer, and Barlow's improbable winning shot.


"I just figured I would throw it up to the rim," Barlow said. "If I missed it, I knew they wouldn't get a shot off. Luckily, it bounced in."


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Sidney Gilman’s Shift Led to Insider Trading Case





Speaking in front of a packed convention hall in Chicago, a top Alzheimer’s researcher, Sidney Gilman, presented the results of a drug trial that had the potential to change the fate of elderly patients everywhere.







Fabrizio Costantini for The New York Times

Dr. Gilman’s lifestyle was a well-kept secret among colleagues at the University of Michigan medical school.






But as he worked through the slides, it became clear to the audience on that day in July 2008 that the drug was not delivering and that its makers, Elan and Wyeth, could lose out on blockbuster profits. Along with other Wall Street analysts in the front rows, David Moskowitz zapped messages to clients to dump shares of the companies. “I can remember gasping” at the results, Mr. Moskowitz said.


Little did anyone in the room know that 12 days earlier, Dr. Gilman had e-mailed a draft of the presentation to a trader at an affiliate of one of the nation’s most prominent hedge funds, according to prosecutors, allowing the fund, SAC Capital, and its affiliate to sell over $700 million of Elan and Wyeth stock before Dr. Gilman’s public talk.


Last month, the trader was arrested on insider trading charges after Dr. Gilman agreed to cooperate with prosecutors to avoid charges.


While he appeared a grandfatherly academic, Dr. Gilman, 80, was living a parallel life, one in which he regularly advised a wide network of Wall Street traders through a professional matchmaking system. Those relationships afforded him payments of $100,000 or more a year — on top of his $258,000 pay from the University of Michigan — and travels with limousines, luxury hotels and private jets.


The riddle for Dr. Gilman’s longtime friends and colleagues is why a nationally respected neurologist was pulled into the high-rolling life of a consultant to financiers and how he, by his own admission, crossed the line into criminal behavior.


“My first reaction was, ‘That can’t possibly be right,’ ” said Dawn Kleindorfer, a former student of Dr. Gilman’s at Michigan.


What is clear is that Dr. Gilman made a sharp shift in his late 60s, from a life dedicated to academic research to one in which he accumulated a growing list of financial firms willing to pay him $1,000 an hour for his medical expertise, while he was overseeing drug trials for various pharmaceutical makers. Among the firms he was advising was another hedge fund that was also buying and selling Wyeth and Elan stock, though the authorities have given no sign they have questioned those trades.


His conversion to Wall Street consultant was not readily apparent in his lifestyle in Michigan and was a well-kept secret from colleagues. Public records show no second home, and no indication of financial distress. Nevertheless, he was willing to share a glimpse of his lifestyle with a 17-year-old student whom he sat next to on a flight from New York to Michigan a few months ago, telling her how his Alzheimer’s research allowed him to enjoy fine hotels in New York and limousine rides to the airport.


“I wouldn’t say he was egotistical because he didn’t come across as obnoxious, but he definitely mentioned the kind of lifestyle that he had,” said the student, Anya Parampil, who had been upgraded to first class.


Dr. Gilman’s role in the case involving SAC Capital has largely been overshadowed by the possibility that investigators may be narrowing in on the firm’s billionaire founder, Steven A. Cohen. Mr. Cohen and his firm have not been accused of wrongdoing in acting on the insider information.


Colleagues now say Dr. Gilman’s story is a reminder of the corrupting influence of money. The University of Michigan, where he was a professor for decades, has erased any trace of him on its Web sites, and is now reviewing its consulting policy for employees, a spokesman said.


The case also turns the spotlight back onto the finance world’s expert networks, which match sources in academia and at publicly traded companies — like Dr. Gilman — with traders at hedge funds and financial firms.


The networks have been a central target of prosecutors in the sprawling insider trading investigations that have resulted in dozens of convictions in recent years.


Some networks have closed, and many are shifting their focus outside the financial world, hoping to make up revenue by consulting for corporate America.


Days after the charges were filed, Dr. Gilman retired and has gone into seclusion at his home on a wooded lot overlooking the Huron River on the outskirts of Ann Arbor, which is listed in public records as worth $400,000. He declined to open the door to a reporter last week, directing questions to his lawyer. “I can’t discuss it,” he said. “I’m sorry.”


Stephanie Steinberg contributed reporting.



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Microsoft, Motorola file to keep patent case details private






SEATTLE (Reuters) – Microsoft Corp and Google Inc‘s Motorola Mobility unit have requested a federal judge in Seattle to keep secret from the public various details from their recent trial concerning the value of technology patents and the two companies’ attempts at a settlement.


Microsoft and Motorola, acquired by Google earlier this year, are preparing post-trial briefs to present to a judge as he decides the outcome of a week-long trial last month to establish what rates Microsoft should pay Motorola for use of standard, essential wireless technology used in its Xbox game console and other products.






The case is just one strand of litigation in an industry-wide dispute over ownership of the underlying technology and the design of smartphones, which has drawn in Apple Inc, Samsung Electronics Co Ltd, Nokia and others.


In a filing with the Western District of Washington federal court in Seattle on Friday, Microsoft and Motorola asked the judge to allow them to file certain parts of their post-trial submissions under seal and redact those details in the public record.


The details concern terms of Motorola‘s licenses with third parties and Microsoft‘s business and marketing plans for future products. During the trial, which ran from November 13-20, U.S. District Judge James Robart cleared the court when such sensitive or trade secret details were discussed.


“For the same compelling reasons that the court sealed this evidence for purposes of trial, it would be consistent and appropriate to take the same approach in connection with the parties’ post-trial submissions,” the two companies argued in the court filing.


The judge has so far been understanding of the companies’ desire to keep private details of their patent royalties and future plans, although that has perplexed some spectators who believe trials in public courts should be fully open to the public.


In addition, Motorola asked the judge to seal some documents relating to settlement negotiations between the two companies, arguing that keeping those details secret would encourage openness in future talks and make a settlement more likely.


Judge Robart is not expected to rule on the case until the new year.


The case in U.S. District Court, Western District of Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.


(Reporting by Bill Rigby; Editing by Richard Chang)


Tech News Headlines – Yahoo! News


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AP NewsBreak: Yankees hit with $18.9M luxury tax


NEW YORK (AP) — The New York Yankees were hit with an $18.9 million luxury tax by Major League Baseball, the 10th consecutive year they will pay a penalty for their spending.


The team finished with a $222.5 million payroll for purposes of the tax, according to figures sent to teams Thursday and obtained by The Associated Press.


Following its payroll-shedding trade with the Los Angeles Dodgers last summer, Boston finished just $47,177 under the $178 million threshold. The Los Angeles Angels wound up at $176.7 million and Philadelphia at $174.5 million.


Figures include average annual values of contracts for players on 40-man rosters, earned bonuses and escalators, adjustments for cash in trades and $10.8 million per team in benefits.


New York has run up a luxury tax bill of $224.2 million over the past decade, with the fee increasing from $13.9 million last year. The Yankees' tax rate rose from 40 percent to 42.5 percent this year and figures to climb to 50 percent next season. But they hope to get under the threshold in 2014, when it rises to $189 million. Dropping under the threshold would lower their potential tax rate in 2015 to 17.5 percent.


"It affects my decision-making process, my communication about the pressure points we have," Yankees general manager Brian Cashman said, adding that market rates for free agents also impact his choices.


For the regular payroll calculation — 2012 income plus prorated shares of signing bonuses — spending by the 30 big league teams broke $3 billion for the first time at $3.15 billion after falling $43,000 short of the milestone last year.


The Yankees finished at a record $223.3 million, their 14th consecutive year as the biggest spender and topping their previous mark of $222.5 million in 2008.


However, the Dodgers could break that mark next year following a summer and autumn of acquisitions. Los Angeles currently is at $207.9 million for 21 signed players, including adjustments for the August trade with Boston that brought Adrian Gonzalez, Carl Crawford and Josh Beckett to the Dodgers. The Yankees are at $182 million for 14 players, including a deal with Ichiro Suzuki that hasn't been finalized.


"You don't get a trophy for having the highest payroll," Cashman said. "I'm not going to feel weird either way, if we're the highest or we're not the highest. That's not the issue. Just want to be the best."


Philadelphia was second at $169.7 million, followed by Boston ($168.6 million), the Angels ($160.1 million), AL champion Detroit ($140.7 million) and World Series champion San Francisco ($138.1 million).


Even while shedding some stars during the season, Miami rose from $61.9 million to $89.9 million. The Marlins figure to drop to the bottom of spending next year after trading nearly all their veterans.


Among the big slashers were the New York Mets (from $142.2 million in 2011 to $103.7 million) and the Chicago Cubs (from $140.6 million to $107.7 million).


Oakland won the AL West despite the lowest payroll in the major leagues at $59.5 million. The division rival Angels rose from $143.1 million to $160.1 million yet still missed the playoffs. They added slugger Josh Hamilton this week with a $125 million, five-year deal set to be announced Saturday.


The Dodgers, sold during the season to a group headed by Mark Walter, Stan Kasten and Magic Johnson, climbed from $109.9 million in 2011 to $129.1 million. In the last week they added pitchers Zack Greinke ($147 million over six years) and Ryu Hyun-jin ($36 million over six years).


The commissioner's office computed the average salary at a record 3,104,563, up 2.2 percent from last year's $3,039,161, The players' association, which uses a slightly different method, pegged the average at $3,213,479, up 3.8 percent.


Payroll figures are for 40-man rosters and include salaries and prorated shares of signing bonuses, earned incentive bonuses, non-cash compensation, buyouts of unexercised options and cash transactions, such as money included in trades. In some cases, parts of salaries that are deferred are discounted to reflect present-day values.


According to the collective bargaining agreement, checks to pay the luxury tax must be sent to the commissioner's office by Jan. 21.


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Microsoft Battles Google by Hiring Political Brawler Mark Penn


SEATTLE — Mark Penn made a name for himself in Washington by bulldozing enemies of the Clintons. Now he spends his days trying to do the same to Google, on behalf of its archrival Microsoft.


Since Mr. Penn was put in charge of “strategic and special projects” at Microsoft in August, much of his job has involved efforts to trip up Google, which Microsoft has failed to dislodge from its perch atop the lucrative Internet search market.


Drawing on his background in polling, data crunching and campaigning, Mr. Penn created a holiday commercial that has been running during Monday Night Football and other shows, in which Microsoft criticizes Google for polluting the quality of its shopping search results with advertisements. “Don’t get scroogled,” it warns. His other projects include a blind taste test, Coke-versus-Pepsi style, of search results from Google and Microsoft’s Bing.


The campaigns by Mr. Penn, 58, a longtime political operative known for his brusque personality and scorched-earth tactics, are part of a broader effort at Microsoft to give its marketing the nimbleness of a political campaign, where a candidate can turn an opponent’s gaffe into a damaging commercial within hours. They are also a sign of the company’s mounting frustration with Google after losing billions of dollars a year on its search efforts, while losing ground to Google in the browser and smartphones markets and other areas.


Microsoft has long attacked Google from the shadows, whispering to regulators, journalists and anyone else who would listen that Google was a privacy-violating, anticompetitive bully. The fruits of its recent work in this area could come next week, when the Federal Trade Commission is expected to announce the results of its antitrust investigation of Google, a case that echoes Microsoft’s own antitrust suit in the 1990s. A similar investigation by the European Union is also wrapping up. A bad outcome for Google in either one would be a victory for Microsoft.


But Microsoft, based in Redmond, Wash., has realized that it cannot rely only on regulators to scrutinize Google — which is where Mr. Penn comes in. He is increasing the urgency of Microsoft’s efforts and focusing on their more public side.


In an interview, Mr. Penn said companies underestimated the importance of policy issues like privacy to consumers, as opposed to politicians and regulators. “It’s not about whether they can get them through Washington,” he said. “It’s whether they can get them through Main Street.”


Jill Hazelbaker, a Google spokeswoman, declined to comment on Microsoft’s actions specifically, but said that while Google also employed lobbyists and marketers, “our focus is on Google and the positive impact our industry has on society, not the competition.”


In Washington, Mr. Penn is a lightning rod. He developed a relationship with the Clintons as a pollster during President Bill Clinton’s 1996 re-election campaign, when he helped identify the value of “soccer moms” and other niche voter groups.


As chief strategist for Hillary Clinton’s unsuccessful 2008 campaign for president, he conceived the “3 a.m.” commercial that raised doubts about whether Barack Obama, then a senator, was ready for the Oval Office. Mr. Penn argued in an essay he wrote for Time magazine in May that “negative ads are, by and large, good for our democracy.”


But his approach has ended up souring many of his professional relationships. He left Mrs. Clinton’s campaign after an uproar about his consulting work for the government of Colombia, which was seeking the passage of a trade treaty with the United States that Mrs. Clinton, then a senator, opposed.


“Google should be prepared for everything but the kitchen sink thrown at them,” said a former colleague who worked closely with Mr. Penn in politics and spoke on condition of anonymity. “Actually, they should be prepared for the kitchen sink to be thrown at them, too.”


Hiring Mr. Penn demonstrates how seriously Microsoft is taking this fight, said Michael A. Cusumano, a business professor at M.I.T. who co-wrote a book about Microsoft’s browser war.


“They’re pulling out all the stops to do whatever they can to halt Google’s advance, just as their competition did to them,” Professor Cusumano said. “I suppose that if Microsoft can actually put a doubt in people’s mind that Google isn’t unbiased and has become some kind of evil empire, they might very well get results.”


Nick Wingfield reported from Seattle and Claire Cain Miller from San Francisco.



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Life Expectancy Rises Around World, Study Finds





A sharp decline in deaths from malnutrition and infectious diseases like measles and tuberculosis has caused a shift in global mortality patterns over the past 20 years, according to a report published on Thursday, with far more of the world’s population now living into old age and dying from diseases mostly associated with rich countries, like cancer and heart disease.







Tony Karumba/Agence France-Presse — Getty Images

Children in Nairobi, Kenya. Sub-Saharan Africa lagged in mortality gains, compared with Latin America, Asia and North Africa.






The shift reflects improvements in sanitation, medical services and access to food throughout the developing world, as well as the success of broad public health efforts like vaccine programs. The results are striking: infant mortality declined by more than half from 1990 to 2010, and malnutrition, the No. 1 risk factor for death and years of life lost in 1990, has fallen to No. 8.


At the same time, chronic diseases like cancer now account for about two out of every three deaths worldwide, up from just over half in 1990. Eight million people died of cancer in 2010, 38 percent more than in 1990. Diabetes claimed 1.3 million lives in 2010, double the number in 1990.


“The growth of these rich-country diseases, like heart disease, stroke, cancer and diabetes, is in a strange way good news,” said Ezekiel Emanuel, chairman of the department of medical ethics and health policy at the University of Pennsylvania. “It shows that many parts of the globe have largely overcome infectious and communicable diseases as a pervasive threat, and that people on average are living longer.”


In 2010, 43 percent of deaths in the world occurred at age 70 and older, compared with 33 percent of deaths in 1990, the report said. And fewer child deaths have brought up the mean age of death, which in Brazil and Paraguay jumped to 63 in 2010, up from 30 in 1970, the report said. The measure, an average of all deaths in a given year, is different from life expectancy, and is lower when large numbers of children die.


But while developing countries made big strides the United States stagnated. American women registered the smallest gains in life expectancy of all high-income countries’ female populations between 1990 and 2010. American women gained just under two years of life, compared with women in Cyprus, who lived 2.3 years longer and Canadian women who gained 2.4 years. The slow increase caused American women to fall to 36th place in the report’s global ranking of life expectancy, down from 22nd in 1990. Life expectancy for American women was 80.5 in 2010, up from 78.6 in 1990.


“It’s alarming just how little progress there has been for women in the United States,” said Christopher Murray, director of the Institute for Health Metrics and Evaluation, a health research organization financed by the Bill and Melinda Gates Foundation at the University of Washington that coordinated the report. Rising rates of obesity among American women and the legacy of smoking, a habit women formed later than men, are among the factors contributing to the stagnation, he said. American men gained in life expectancy, to 75.9 years from 71.7 in 1990.


Health experts from more than 300 institutions contributed to the report, which provided estimates of disease and mortality for populations in more than 180 countries. It was published in The Lancet, a British medical journal.


The World Health Organization issued a statement on Thursday saying that some of the estimates in the report differed substantially from those done by United Nations agencies, though others were similar. All comprehensive estimates of global mortality rely heavily on statistical modeling because only 34 countries — representing about 15 percent of the world’s population — produce quality cause-of-death data.


Sub-Saharan Africa was an exception to the trend. Infectious diseases, childhood illnesses and maternity-related causes of death still account for about 70 percent of the region’s disease burden, a measure of years of life lost due to premature death and to time lived in less than full health. In contrast, they account for just one-third in South Asia, and less than a fifth in all other regions. Sub-Saharan Africa also lagged in mortality gains, with the average age of death rising by fewer than 10 years from 1970 to 2010, compared with a more than 25-year increase in Latin America, Asia and North Africa.


Globally, AIDS was an exception to the shift of deaths from infectious to noncommunicable diseases. The epidemic is believed to have peaked, but still results in 1.5 million deaths each year.


Over all, the change means people are living longer, but it also raises troubling questions. Behavior affects people’s risks of developing cancer, heart disease and diabetes, and public health experts say it is far harder to get people to change their ways than to administer a vaccine that protects children from an infectious disease like measles.


“Adult mortality is a much harder task for the public health systems in the world,” said Colin Mathers, a senior scientist at the World Health Organization.


Tobacco use is a rising threat, especially in developing countries, and is responsible for almost six million deaths a year globally. Illnesses like diabetes are also spreading fast.


Donald G. McNeil Jr. contributed reporting.



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In Cairo Crisis, Unheard Voice From the Poor


Tara Todras-Whitehill for The New York Times


In Boulaq, so long neglected that houses regularly collapse, there had been little expectation that leaders would provide. But the disregard of the new president has been harder to take. More Photos »







CAIRO — A faded poster of Hosni Mubarak hangs on a wall in a crumbling neighborhood here, reminding residents of an empty pledge to find jobs for young people. Down the street, a campaign banner for his successor, Mohamed Morsi, hangs across the road, a reminder of more recent promises unkept.




In the neighborhood, called Boulaq, so long neglected that houses regularly collapse, there was little expectation that Mr. Mubarak would provide. But Mr. Morsi’s disregard has been much harder to take.


“We had high hopes in God, that things would improve,” Fathi Hussein said as he built a desk of dark wood for one of his clients, who are dwindling. “I elected a president to be good for the country. I did not elect him to impose his opinions on me.”


Away from the protests and violence that have marked the painful struggle over Egypt’s identity in the run-up to a referendum on Saturday on a constitution, residents of Boulaq have their own reasons to be consumed with the crisis. The chants of the protesters, for bread and freedom, resonate in Boulaq’s alleyways. In many of its industrial workshops, passed from struggling fathers to penniless sons, disappointment with the president, his Muslim Brotherhood supporters as well as the leaders of the opposition grows daily.


There is a sense in Boulaq that the raging arguments would be better resolved in places like this, where most Egyptians live, carrying the burdens of poverty with no help from an indifferent state, and where the revolution’s promise of dignity is long overdue.


When he took office five months ago, Mr. Morsi seemed to understand. “He talked about the conditions of the poor, the people in the slums,” said Amr Abdul Hafiz, a barber. “He talked about the street vendors and the tuk-tuk drivers. We thought he felt for us.”


The barber and many of his neighbors were convinced that Mr. Morsi and the Brotherhood had earned their chance to rule. People remembered the Brotherhood’s charity after the earthquake in 1992, and its decades of struggle as an outlaw movement. In stages, though, doubts grew as the Brotherhood broke its promises and Mr. Morsi seized power, culminating in his decision to ram through his constitution. Boulaq’s residents, including the president’s supporters, bristled at the thought of being treated as subjects again.


“He became occupied with other issues,” Mr. Abdul Hafiz said. “They want power, to make up for all the injustice they suffered, as if we were the ones who inflicted the injustice on them.”


At night, the arguments rage at a storied cafe on Abu Talib Street, with an intensity that no one here recalls seeing before. By day, the arguments simmer, in a neighborhood whose former grandeur still peeks out from underneath the rot.


Everywhere, people tell stories about the government’s failures, suggesting that the new leaders had turned out no better than the old ones.


In the shadow of a fallen dwelling, one of many that make Boulaq look as if it suffered a war, a widow stood over workmen she had hired to fix a ruptured sewer pipe. The ministry assigned to handle such matters had ignored her calls for three months, so she and her neighbors collected the money to pay for the repairs themselves.


On Abu Talib Street, Mr. Abdul Hafiz fretted over the dangers facing his pregnant wife, whose belly was swelling with excessive amniotic fluid. An appointment to see a doctor at a private hospital, which would cost $80, was too expensive. The administrators at a public hospital told her she could see a doctor a month after she was supposed to give birth.


Security guards threw Mr. Abdul Hafiz out of the hospital when he pointed out how ridiculous that was.


He wanted a change from Mr. Mubarak, who had coverings placed over the houses in Boulaq during the public opening of a nearby building “to hide insects like us.” It was part of a pattern of neglect that stretched back for decades, when the land under the residents was sold to investors in shady deals that no one has untangled.


Mai Ayyad contributed reporting.



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