Activists wary as India rushes to justice after gang rape


NEW DELHI (Reuters) - It's no surprise the Indian street wants faster, harsher justice for sexual crimes after a horrific gang rape that rocked the nation, but some activists worry the government will trample fundamental rights in its rush to be in tune with popular rage.


Last month's rape of a physiotherapy student on a moving bus and her death on December 28 in hospital triggered a national debate about how to better protect women in India, where official data shows one rape is reported on average every 20 minutes.


Many women's rights groups are cautiously hopeful the protests and outrage that followed the crime can be channeled into real change - fast-track courts for sexual offences and a plan to hire 2,500 new women police in Delhi are measures already in the works.


But legal experts and some feminists are worried that calls to make rape punishable with death and other draconian penalties will cramp civil liberties and are unconstitutional. They say India needs better policing and prosecutions, not new laws.


"If there are not enough convictions, it is not because of an insufficiency of law, but it is the insufficiency of material to base the conviction on," said retired Delhi High Court judge R.S. Sodhi.


Five men have been charged with the student's rape and murder and will appear before a New Delhi court later on Monday. They are due to be tried in a newly formed fast-track court in the next few weeks. A teenager also accused will likely be tried in a juvenile court.


Ahead of Monday's court appearance the five still had no defense lawyers - despite extensive interrogations by the police, who have said they have recorded confessions - after members of the bar association in the South Delhi district where the case is being heard vowed not to represent them.


GROUNDS FOR APPEAL


The men will be assigned lawyers by the court before the trial begins, but their lack of representation so far could give grounds for appeal later should they be found guilty - similar cases have resulted in acquittals years after convictions.


"The accused has a right to a lawyer from point of arrest - the investigations are going on, statements being taken, it is totally illegal," said Colin Gonsalves, a senior Supreme Court advocate and director of Delhi's Human Rights Law Network.


Senior leaders of most states on Friday came out in support of a plan to lower to 16 the age that minors can be tried as adults - in response to fury that the maximum penalty the accused youth could face is three years detention.


A government panel is considering suggestions to make the death penalty mandatory for rape and introducing forms of chemical castration for the guilty. It is due to make its recommendations by January 23.


"The more you strengthen the powers of the state against the people, the more the possibility you create a draconian regime," said Sehjo Singh, Programme and Policy Director with ActionAid in India and an expert on Indian women's social movements.


"We want to raise the bar of human rights in India, we want to raise the standards, not lower them."


The Indian Express newspaper warned against "knee-jerk" reaction and said any change to the juvenile law "must come after rigorous and considered debate. It cannot be a reaction to a fraught moment".


Courts are swamped with a backlog of cases in the country of 1.2 billion people and trials often take more than five years to complete, so the launch by Chief Justice Altamas Kabir of six fast-track courts in the capital to deal with sexual offences was widely greeted as a welcome move.


Several other states including Tamil Nadu and Maharashtra are now looking at following Delhi's example.


But Gonsalves says while the courts are a good idea on paper, similar tribunals in the past delivered dubious verdicts and put financial pressure on the rest of the justice system.


FAST TRACK COURTS


India set up 1,700 fast-track courts in 2004, but stopped funding them last year because they turned out to be costly. The courts typically work six days a week and try to reduce adjournments that lead to long delays in cases.


"The record of the fast-track courts is mixed," Gonsalves said. Conviction rates rose, he said, but due process was sometimes rushed, leading to convictions being overturned.


"Fast-track courts were in many ways were fast-track injustice," he said.


The real problem lie with bad policing and a shortage of judges, Gonsalves said. India has about a fifth of the number of judges per capita that the United States has.


Indian police are often poorly trained and underpaid, and have sometimes been implicated in organized crime. Rights groups complain the mostly male officers are insensitive to victims of sexual crimes.


Resources for, and expertise in, forensic science is limited in most of the country's police forces and confessions are often extracted under duress. The judiciary complains it is hard to convict offenders because of faulty evidence.


Human Rights Watch said reforms to laws and procedures covering rape and other sexual crimes should focus on protection of witnesses and modernizing support for victims at police stations and hospitals.


The rights organization has documented the continued use of archaic practices such as the "finger test" used by some doctors on rape victims to allegedly determine if they had regular sex.


"Reforms in the rape laws - these are needed. But not in terms of enhancing punishment," said Meenakshi Ganguly, South Asia Director of Human Rights Watch.


"Why they are not investigated, why there are not enough convictions, those are the things that need to be addressed."


(Additional reporting by Satarupa Bhattacharjya, Shashank Chouhan and Annie Banerji; Editing by Alex Richardson)



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"Cliff" concerns give way to earnings focus

NEW YORK (Reuters) - Investors' "fiscal cliff" worries are likely to give way to more fundamental concerns, like earnings, as fourth-quarter reports get under way next week.


Financial results, which begin after the market closes on Tuesday with aluminum company Alcoa , are expected to be only slightly better than the third-quarter's lackluster results. As a warning sign, analyst current estimates are down sharply from what they were in October.


That could set stocks up for more volatility following a week of sharp gains that put the Standard & Poor's 500 index <.spx> on Friday at the highest close since December 31, 2007. The index also registered its biggest weekly percentage gain in more than a year.


Based on a Reuters analysis, Europe ranks among the chief concerns cited by companies that warned on fourth-quarter results. Uncertainty about the region and its weak economic outlook were cited by more than half of the 25 largest S&P 500 companies that issued warnings.


In the most recent earnings conference calls, macroeconomic worries were cited by 10 companies while the U.S. "fiscal cliff" was cited by at least nine as reasons for their earnings warnings.


"The number of things that could go wrong isn't so high, but the magnitude of how wrong they could go is what's worrisome," said Kurt Winters, senior portfolio manager for Whitebox Mutual Funds in Minneapolis.


Negative-to-positive guidance by S&P 500 companies for the fourth quarter was 3.6 to 1, the second worst since the third quarter of 2001, according to Thomson Reuters data.


U.S. lawmakers narrowly averted the "fiscal cliff" by coming to a last-minute agreement on a bill to avoid steep tax hikes this weeks -- driving the rally in stocks -- but the battle over further spending cuts is expected to resume in two months.


Investors also have seen a revival of worries about Europe's sovereign debt problems, with Moody's in November downgrading France's credit rating and debt crises looming for Spain and other countries.


"You have a recession in Europe as a base case. Europe is still the biggest trading partner with a lot of U.S. companies, and it's still a big chunk of global capital spending," said Adam Parker, chief U.S. equity strategist at Morgan Stanley in New York.


Among companies citing worries about Europe was eBay , whose chief financial officer, Bob Swan, spoke of "macro pressures from Europe" in the company's October earnings conference call.


REVENUE WORRIES


One of the biggest worries voiced about earnings has been whether companies will be able to continue to boost profit growth despite relatively weak revenue growth.


S&P 500 revenue fell 0.8 percent in the third quarter for the first decline since the third quarter of 2009, Thomson Reuters data showed. Earnings growth for the quarter was a paltry 0.1 percent after briefly dipping into negative territory.


On top of that, just 40 percent of S&P 500 companies beat revenue expectations in the third quarter, while 64.2 percent beat earnings estimates, the Thomson Reuters data showed.


For the fourth quarter, estimates are slightly better but are well off estimates for the quarter from just a few months earlier. S&P 500 earnings are expected to have risen 2.8 percent while revenue is expected to have gone up 1.9 percent.


Back in October, earnings growth for the fourth quarter was forecast up 9.9 percent.


In spite of the cautious outlooks, some analysts still see a good chance for earnings beats this reporting period.


"The thinking is you need top line growth for earnings to continue to expand, and we've seen the market defy that," said Mike Jackson, founder of Denver-based investment firm T3 Equity Labs.


Based on his analysis, energy, industrials and consumer discretionary are the S&P sectors most likely to beat earnings expectations in the upcoming season, while consumer staples, materials and utilities are the least likely to beat, Jackson said.


Sounding a positive note on Friday, drugmaker Eli Lilly and Co said it expects profit in 2013 to increase by more than Wall Street had been forecasting, primarily due to cost controls and improved productivity.


(Reporting By Caroline Valetkevitch; Editing by Kenneth Barry)



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Houston beats Bengals 19-13 in wild-card playoff


HOUSTON (AP) — Arian Foster ran for 140 yards and a touchdown, and the Houston Texans used a stifling defense for a 19-13 win over the Cincinnati Bengals on Saturday in an AFC wild-card playoff game.


The Texans will next play at New England on Jan. 13.


Foster became the first player in NFL history to have 100-yard games in each of his first three playoff games.


The Texans (13-4) had trouble finishing drives all day and mustered only three field goals by Shayne Graham in the first half. Houston struck first after the break, with Foster scoring the game's only offensive touchdown on a 1-yard run in the third quarter to make it 16-7.


In his first playoff start, Matt Schaub had an interception returned for a touchdown by Leon Hall before halftime.


Johnathan Joseph had an interception and J.J. Watt had a sack as the Texans beat the Bengals (10-7) in the wild-card round for the second straight year. Cincinnati hasn't won a playoff game since 1991, the league's longest current streak.


Foster's touchdown and another Graham field goal gave the Texans to 16-10 lead after three quarters. Even though Houston dominated, the game was up for grabs throughout because Pro Bowler Schaub made one bad mistake. His sideline pass was intercepted by Hall and returned for a 21-yard touchdown, the cornerback's second score in three games.


Houston piled up 351 yards and held the ball for 32 minutes through three quarters, but got into the end zone only once.


By contrast, Cincinnati's Andy Dalton had a horrid time. He completed 4 of 10 passes for 3 yards in the first half. With Watt's sack added in, the Bengals had minus-6 yards passing and only 53 yards overall.


His 45-yard pass to A.J. Green got Cincinnati moving in the third quarter and set up Josh Brown's 34-yard field goal. When Dalton tried to go to Green again, Joseph intercepted and got the Texans in scoring range again as the quarter ended.


After swatting down one of Dalton's passes at the line, Watt wagged his finger at the quarterback.


Nothing was going to come easy.


For the second season in a row, the Bengals opened the playoffs at Houston looking for their first playoff win since the 1990 season, a 21-year drought that was tied for ninth-longest in NFL history. They lost 31-10 last season, with the then-rookie Dalton throwing three interceptions.


The main difference in this one: Schaub was back in charge for Houston. Rookie T.J. Yates filled in after Schaub hurt his foot last season, got the Texans a win in their first-ever playoff game, but couldn't take then any farther.


Their franchise quarterback started a playoff game for the first time in his career. He came into the game in a slump, with the Texans losing three of their last four games while the offense sputtered.


The second time the Texans got the ball, they got going. Schaub completed an 18-yard pass, Foster had a 17-yard run and Keshawn Martin went 16 yards on a reverse, setting up Graham's field goal.


It became a pattern — move the ball down the field, settle for three points. The fans started booing the familiar, come-up-short endings.


And Schaub did the one thing he wanted to avoid: Let Cincinnati's high-scoring defense get its hands on the ball. Hall anticipated Schaub's throw, stepped in front and returned it untouched for the defense's fourth touchdown in the last four games.


Hall also ran back an interception 17 yards for the only Bengals touchdown in a 13-10 win over Pittsburgh that clinched a playoff spot. It was the first interception return for a touchdown against the Texans this season.


Like the Texans, the Bengals ended the season by hitting a wall on offense — one touchdown in the last two games.


A lot was on Dalton, who grew up in suburban Katy and had a dreadful playoff debut as a rookie last year in his hometown. He threw three interceptions, including one that Watt returned for a game-turning touchdown just before halftime.


He had to be better if the Bengals were going to end their notable playoff drought. Through three quarters, it wasn't even close.


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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Here, Bella! Top Pet Names for 2012






Move over, Rover, there’s a new top dog in town, and her name is Bella. For 2012, the “Twilight Saga”-inspired moniker was the most popular for dogs and second-most popular for cats, according to a survey by one veterinary organization. For dogs, Max took second place.


The survey gathered names of 2.5 million dogs and cats at the Banfield Pet Hospital, a veterinary network in Portland, Ore.






The top names resemble those from years past, said Laura Wattenberg, a baby-name expert and the creator of babynamewizard.com


“Max in particular has been the top name for male dogs for a number of years now,” Wattenberg told LiveScience. 


Cuddly fur babies


In general, pets have been given much more humanlike names over the past generation, Wattenberg said. That reflects a change in society, in which owners see their fur babies more as family members than animals, she said. [What Your Dog's Breed Says About You]


The names people choose for their pets also reflect a sweet, nostalgic innocence.


“There’s a particular slice of human names that have risen for baby names as well, but they’re particularly popular for pets. That’s the cute, cuddly names of the early 20th century.”


These names, such as Max and Lucy, tend to crop up frequently as heroes or heroines in kids’ picture books, Wattenberg said. For instance, the hero in “Where the Wild Things Are” was named Max. These names may reflect how people see their pets.


“They’re like children who never have to grow up,” she said.


Old and new


Pop-culture trends also influenced the popularity of pet names found in the survey. Aside from the top-ranked Bella, Katniss also saw wide use, becoming 18 times more popular for dogs and 14 times more popular for cats, compared with 2011, following the release of the “Hunger Games” in March.  Reality TV stars also got their due, with Honey Boo Boo (a 6-year-old beauty pageant star of “Here Comes Honey Boo Boo“) and Purrfect (the name of Cee Lo Green’s cat on “The Voice”) rising in the ranks.


Still, for dog and cat names alike, familiar can still win out over hip. Perennial favorites like Max and Buddy took the second and third slots for dogs, while the perhaps unimaginative Kitty was the most popular name for cats.


Cats vs. dogs


Interestingly, more humanlike names, such as Charlie or Lucy, were popular for dogs, while unisex monikers like Smokey, Shadow and Tigger describing physical traits like color ranked high for felines in 2012.


That may reflect how much people project a human role onto their pets. For instance, one study showed that animals kept in the house are more likely to get human names, Wattenberg said.


“You could infer from this that people feel a little bit more attached or feel like they have a more personal relationship with their dogs,” she said. “Obviously cat lovers will howl at that, but that’s what the names say.”


In general, pet names overlapped very little with baby names. While the trend toward nostalgic, 20th century names carried over from baby naming trends, formal names ruled for human tots. But cuddly, affectionate nicknames took precedence for pets. From the list of pet names, only Chloe made the list of most popular girl names in 2011.


For instance, pet names like Coco or Rocky are more intensely retro than Ava or Jacob (which are more likely to be given to babies). That suggests, as a society, “we’re more willing to push the style to the extreme with pets and maybe even live out the naming fantasies that we wouldn’t quite be able to give to our children,” Wattenberg said.


Here are the top ten names for dogs and cats in order of more to less popular:


Top Dog Names:


  1. Bella

  2. Max

  3. Buddy

  4. Daisy

  5. Bailey

  6. Coco

  7. Lucy

  8. Charlie

  9. Molly

  10. Rocky

Top Cat Names:


  1. Kitty

  2. Bella

  3. Tiger

  4. Max

  5. Smokey

  6. Shadow

  7. Tigger

  8. Lucy

  9. Chloe

  10. Charlie

Follow LiveScience on Twitter @livescience. We’re also on Facebook & Google+


Copyright 2013 LiveScience, a TechMediaNetwork company. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Science News Headlines – Yahoo! News





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Storm over Depardieu's 'pathetic' move






STORY HIGHLIGHTS


  • Russian President Vladimir Putin has bestowed Russian citizenship on actor Gérard Depardieu

  • For Depardieu, a public war of words erupted, with many in France disgusted by his move

  • Depardieu more than anyone, represents the Gallic spirit, says Agnes Poirier

  • Majority of French people disapprove of his action but can't help loving him, she adds




Agnes Poirier is a French journalist and political analyst who contributes regularly to newspapers, magazines and TV in the UK, U.S., France, Italy. Follow her on Twitter.


Paris (CNN) -- Since the revelation on the front page of daily newspaper Libération, on December 11, with a particularly vicious editorial talking about France's national treasure as a "former genius actor," Gérard Depardieu's departure to Belgium, where he bought a property just a mile from the French border, has deeply divided and saddened France. Even more so since, as we have learnt this week, Russian President Vladimir Putin has bestowed the actor Russian citizenship.


Back in mid-December, the French media operated along political lines: the left-wing press such as Libération couldn't find strong enough words to describe Depardieu's "desertion" while right-wing publications such as Le Figaro, slightly uneasy at the news, preferred to focus on President François Hollande's punishing taxes which allegedly drove throngs of millionaires to seek tax asylum in more fiscally lenient countries such as Belgium or Britain. Le Figaro stopped short of passing moral judgement though. Others like satirical weekly Charlie hebdo, preferred irony. Its cover featured a cartoon of the rather rotund-looking Depardieu in front of a Belgian flag with the headline: "Can Belgium take the world's entire load of cholesterol?" Ouch.


Quickly though, it became quite clear that Depardieu was not treated in the same way as other famous French tax exiles. French actor Alain Delon is a Swiss resident as is crooner-rocker Johnny Halliday, and many other French stars and sportsmen ensure they reside for under six months in France in order to escape being taxed here on their income and capital. Their move has hardly ever been commented on. And they certainly never had to suffer the same infamy.



Agnes Poirier

Agnes Poirier



For Depardieu, a public war of words erupted. It started with the French Prime Minister Jean-Marc Ayrault, and many members of his government, showing their disdain, and talking of Depardieu's "pathetic move." In response the outraged actor penned an open letter to the French PM in which he threatened to give back his French passport.


The backlash was not over. Fellow thespian Phillipe Torreton fired the first salvo against Depardieu in an open letter published in Libération, insulting both Depardieu's protruding physique and lack of patriotism: "So you're leaving the ship France in the middle of a storm? What did you expect, Gérard? You thought we would approve? You expected a medal, an academy award from the economy ministry? (...)We'll get by without you." French actress Catherine Deneuve felt she had to step in to defend Depardieu. In another open letter published by Libération, she evoked the darkest hours of the French revolution. Before flying to Rome to celebrate the New Year, Depardieu gave an interview to Le Monde in which he seemed to be joking about having asked Putin for Russian citizenship. Except, it wasn't a joke.


In truth, French people have felt touched to their core by Depardieu's gesture. He, more than anyone, represents the Gallic spirit. He has been Cyrano, he has been Danton; he, better than most, on screen and off, stands for what it means to be French: passionate, sensitive, theatrical, and grandiose. Ambiguous too, and weak in front of temptations and pleasures.



In truth, French people have felt touched to their core by Depardieu's gesture. He, more than anyone, represents the Gallic spirit
Hugh Miles



For more than two weeks now, #Depardieu has been trending on French Twitter. Surveys have showed France's dilemma: half the French people understand him but there are as many who think that paying one's taxes is a national duty. In other words, a majority of French people disapprove of his action but can't help loving the man.


Putin's move in granting the actor Russian citizenship has exacerbated things. And first of all, it is a blow to Hollande who, it was revealed, had a phone conversation with Depardieu on New Year's Day. The Elysées Palace refused to communicate on the men's exchange. A friend of the actor declared that Depardieu complained about being so reviled by the press and that he was leaving, no matter what.


If, in their hearts, the French don't quite believe Depardieu might one day settle in Moscow and abandon them, they feel deeply saddened by the whole saga. However, with France's former sex symbol Brigitte Bardot declaring that she too might ask Putin for Russian citizenship to protest against the fate of zoo elephants in Lyon, it looks as if the French may prefer to laugh the whole thing off. Proof of this: the last trend on French Twitter is #IWantRussianCitizenship.


The opinions expressed in this commentary are solely those of Agnes Poirier.






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No pension deal as Quinn, leaders meet









SPRINGFIELD, Ill.—





Illinois' pension crisis, at once vilified as the nation's most indebted government worker retirement system and trivialized by likening it to a cartoon python, moves to the forefront Sunday when the House returns to the Capitol to conclude a lame-duck session.

Hot-button issues like gay marriage and gun control largely fell by the wayside when the Illinois Senate failed to vote on them, then left town. Fixes to a pension system that's $96.8 billion short remain elusive.

On Saturday, Democratic Gov. Pat Quinn and the four legislative leaders met for two hours in Chicago to discuss an outline of pension reform proposals but came to no agreement. That makes it questionable whether senators will return before the clock runs out Wednesday.

Democratic House Speaker Michael Madigan of Chicago called the meeting "productive" and said work would continue to try to meet the Wednesday deadline, but acknowledged serious differences remain. Asked why he thought progress was made, Madigan joked, "Well, we weren't throwing punches at each other."

Several major hurdles remain in trying to quickly put together a comprehensive pension overhaul before a new General Assembly is inaugurated -- not the least of which is how a Democratic-led state government would alter benefits for members of unions that traditionally are powerful Democratic allies.

Another impediment is finding a resolution that meets the state Constitution's requirement that pensions are a contractual benefit that cannot be "diminished or impaired."

Public employee unions have warned that filing a lawsuit could be an option unless lawmakers make certain concessions that do not place the brunt of resolving the pension mess on employees who for years paid their share of retirement contributions while politicians failed to pay the state's share of costs.

The meeting among Quinn and the leaders of the state House and Senate marked the first visible efforts in months by the state's top politicians to come to grips with resolving a pension burden that threatens to eat up an increasing share of state tax dollars at the expense of other services while Illinois' fiscal position remains precarious.

An August special legislative session that Quinn ordered to deal with pensions was a bust. Afterward, he promised a robust effort to mobilize public support on the importance of fixing the mess. The governor launched it shortly after the Nov. 6 election of the new Legislature, a push that was best known for a Web video that sought to equate the growing annual squeeze of taxpayer dollars diverted for pensions to an orange cartoon character called "Squeezy, the Pension Python," its tail tightening around the Statehouse.

For at least the past two weeks, representatives for Quinn, Madigan and House Republican leader Tom Cross have been holding nearly daily meetings to try to reach an agreement.

Also helping advance the issue was a bipartisan pension proposal unveiled early last month by Reps. Elaine Nekritz, D-Northbrook, and Daniel Biss, D-Evanston, that also represented the discontent that rank-and-file lawmakers had with the progress made by Quinn and their legislative leaders.

The talks on Saturday were spurred by Madigan's decision to lift his demand that any reform legislation shift the cost of suburban and Downstate teacher pensions away from the state and onto local school districts. Republicans and some suburban and Downstate Democrats had labeled Madigan's requirement a non-starter and warned it could lead to higher property taxes.

Madigan said he made the offer "in the spirit of trying to help the passage of a bill," but maintained the cost-shifting of teacher pension costs onto local districts "must be addressed" by lawmakers at some point.

The outline under discussion Saturday was aimed at fully funding the state's pension systems in 30 years. It included requiring employees to pay an additional 2 percentage points toward retirement in exchange for a guarantee that the state could be sued if it failed to make its share of pension funding contributions.

Also discussed were plans to deal with cost-of-living adjustments that retirees receive. Currently, state retirees get a 3 percent annual increase that is compounded -- a factor many lawmakers say has led to a rapid increase in the state's pension debt.

The talks also included freezing those increases for as long as six years, raising the age for when the increases kick in to 67 and basing the bumps on only the first $25,000 of benefits for workers who do not receive Social Security -- namely, teachers who are the bulk of the state's pensioners. Also, lawmakers could limit the amount of salary on which a pension is based.

The state has $5.7 billion devoted to pension funding this year and $6.7 billion for the next budget year, but Nekritz said the plans under discussion could reduce the state's share of contributions by nearly $2 billion in the new budget.

Asked Saturday what the impediments are to reaching a deal, Madigan basically recited each of the proposals. "It's all the issues that you've all heard, and the question is, 'Can you bring these all together and get a bill that can pass and be signed by the governor?'" the House speaker said.

In May, Senate President John Cullerton, D-Chicago, and Senate GOP leader Christine Radogno of Lemont put together bipartisan support to pass a bill that would alter the pension plans for lawmakers and rank-and-file state workers.

Cullerton's position is that a change in public pensions must be accompanied by a choice for employees, such as opting between keeping the cost-of-living increase and giving up health care, or taking a smaller annual increase but keeping health benefits. Cullerton staunchly believes that his approach is the only way to work around the state Constitution's guarantee that a person's pension cannot be diminished once it is set. But not everyone agrees with his approach.

Following the meeting, Cullerton, in a statement from an aide, said he was "encouraged," but still urged the House "to follow the Senate's lead." Radogno, however, called the meeting only "marginally productive" and noted Democratic leaders were at odds over whether any pension legislation should include changes being sought by Mayor Rahm Emanuel to deal with Chicago's municipal pensions.

"We will vote on what Democrat leaders decide to put up on the board," said Radogno, who did not take questions. "And some of the issues, they can't even decide if Chicago is going to be in or out of this program. So they have thinking to do before we have an opportunity to vote."

Quinn spokeswoman Brooke Anderson said the governor "obviously" wants pension reform completed before the new legislature is sworn in Wednesday, saying it is "very urgent that we act now." She acknowledged negotiators are searching for "common ground" on how to ensure any legislation is constitutional.

Representatives of the state's major public employee unions have offered to have workers pay an increased share of pension costs, but only if lawmakers guaranteed future state payments and put $2 billion more into the system through new taxes and ending certain corporate tax deductions. Union leaders have asked for a seat at the table but weren't part of the Saturday negotiations.

Henry Bayer, executive director of the American Federation of State, County and Municipal Employees Council 31, said any pension bill that might come out in the next few days would be rushed and a threat to state employee rights.

"Anything could happen in Springfield," Bayer said. "Anyone who's been here before knows how fast something can happen." Garcia reported from Chicago.

rap30@aol.com mcgarcia@tribune.com rlong@tribune.com Twitter @rap30



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Venezuela lawmakers elect Chavez ally as Assembly chief


CARACAS (Reuters) - Venezuelan lawmakers re-elected a staunch ally of Hugo Chavez to head the National Assembly on Saturday, putting him in line to be caretaker president if the socialist leader does not recover from cancer surgery.


By choosing the incumbent, Diosdado Cabello, the "Chavista"-dominated legislature cemented the combative ex-soldier's position as the third most powerful figure in the government, after Chavez and Vice President Nicolas Maduro.


"As a patriot ... I swear to be supremely loyal in everything I do, to defend the fatherland, its institutions, and this beautiful revolution led by our Comandante Hugo Chavez," Cabello said as he took the oath, his hand on the constitution.


He had earlier warned opposition politicians against attempting to use the National Assembly to "conspire" against the people, saying they would be "destroyed" if they tried.


Thousands of the president's red-clad supporters gathered outside parliament hours before the vote, many chanting: "We are all Chavez! Our comandante will be well! He will return!"


If Chavez had to step down, or died, Cabello would take over the running of the country as Assembly president and a new election would be organized within 30 days. Chavez's heir apparent, Maduro, would be the ruling Socialist Party candidate.


Chavez, who was diagnosed with an undisclosed form of cancer in his pelvic area in mid-2011, has not been seen in public nor heard from in more than three weeks.


Officials say the 58-year-old is in delicate condition and has suffered multiple complications since the December 11 surgery, including unexpected bleeding and severe respiratory problems.


Late on Friday, Maduro gave the clearest indication yet that the government was preparing to delay Chavez's inauguration for a new six-year term, which is scheduled for Thursday.


'CHAVEZ IS PRESIDENT'


Maduro said the ceremony was a "formality" and that Chavez could be sworn in by the Supreme Court at a later date.


The opposition says Chavez's absence would be just the latest sign that he is no longer fit to govern, and that new elections should be held in the South American OPEC nation.


Brandishing a copy of the constitution after his win in the Assembly, Cabello slammed opposition leaders for writing a letter to foreign embassies in which they accused the government of employing a "twisted reading" of the charter.


"Get this into your heads: Hugo Chavez was elected president and he will continue to be president beyond January 10. No one should have any doubt ... this is the constitutional route," he said as fellow Socialist Party lawmakers cheered.


The opposition sat stony-faced. One of their legislators had earlier told the session that it was not just the head of state who was ill, "the republic is sick."


Last year, Chavez staged what appeared to be a remarkable comeback from the disease to win re-election in October, despite being weakened by radiation therapy. He returned to Cuba for more treatment within weeks of his victory.


Should the president have to step down after 14 years in office, a new vote would probably pit Maduro, a 50-year-old former bus driver and union leader, against opposition leader Henrique Capriles, the 40-year-old governor of Miranda state.


Capriles lost to Chavez in October's presidential election.


"I don't think Maduro would last many rounds in a presidential race. He's not fit for the responsibility they have given him," Capriles said after the vice president's appearance on state television.


Chavez's condition is being watched closely by leftist allies around Latin American who have benefited from his oil-funded generosity, as well as investors attracted by Venezuela's lucrative and widely traded debt.


The country boasts the world's biggest crude reserves. Despite the huge political upheaval Chavez's exit would cause, the oil industry is not likely to be affected much in the short term, with an extension of "Chavismo" keeping projects on track, while a change in parties could usher in more foreign capital.


(Additional reporting by Deisy Buitrago; Editing by Vicki Allen)



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S&P 500 finishes at 5-year high on economic data

NEW YORK (Reuters) - The benchmark Standard & Poor's 500 index ended at a five-year high on Friday, lifted by reports showing employers kept up a steady pace of hiring workers and the vast services sector expanded at a brisk rate.


The gains on the S&P 500 pushed the index to its highest close since December 2007 and its biggest weekly gain since December 2011.


Most of the gains came early in the holiday-shortened week, including the largest one-day rise for the index in more than a year on Wednesday after politicians struck a deal to avert the "fiscal cliff."


The Dow Jones industrial average <.dji> gained 43.85 points, or 0.33 percent, to 13,435.21. The Standard & Poor's 500 Index <.spx> rose 7.10 points, or 0.49 percent, to 1,466.47. The Nasdaq Composite Index <.ixic> edged up 1.09 points, or 0.04 percent, to 3,101.66.


For the week, the S&P gained 4.6 percent, the Dow rose 3.8 percent and the Nasdaq jumped 4.8 percent to post their largest weekly percentage gains in more than a year.


The CBOE Volatility index <.vix>, a measure of investor anxiety, dropped for a fourth straight session, giving the index a weekly decline of nearly 40 percent, its biggest weekly fall ever. The close of 13.83 on the VIX marks its lowest level since August.


In Friday's economic reports, the Labor Department said non-farm payrolls grew by 155,000 jobs last month, slightly below November's level. Gains were distributed broadly throughout the economy, from manufacturing and construction to healthcare.


Also serving to boost equities was data from the Institute for Supply Management showing U.S. service sector activity expanding the most in 10 months.


With the S&P 500 index at a five-year closing high, analysts said any gains above the index's intraday high near 1,475 in September may be harder to come by.


"We are getting to a point where we need a strong catalyst, which could be earnings, it could be three months of good economic data, it could be a variety of things," said Adam Thurgood, managing director at HighTower Advisors in Las Vegas, Nevada.


"What is going on right now is this conflicting view of fundamentals look pretty good and improving, and then you've got these negative tail risks that could blow everything up," Thurgood said.


He referred to "a fiscal superstorm brewing" of issues still left unresolved in Washington, including tough federal budget cuts and the need to raise the government's debt ceiling all within a couple of months.


The rise in payrolls shown by the jobs data did not make a dent in the U.S. unemployment rate still at 7.8 percent.


A Reuters poll on Friday of economists at Wall Street's top financial institutions showed that most expect the Fed in 2013 to end the program with which it bought Treasury debt in an effort to stimulate the economy.


A drop in Apple Inc shares of 2.6 percent to $528.36 kept pressure on the Nasdaq.


Adding to concerns about Apple's ability to produce more innovative products, rival Samsung Electronics Co Ltd is expected to widen its lead over Apple in global smartphone sales this year with growth of 35 percent. Market researcher Strategy Analytics said Samsung had a broad product lineup.


Eli Lilly and Co was among the biggest boost's to the S&P, up 3.7 percent to $51.56 after the pharmaceuticals maker said it expects its 2013 earnings to increase to $3.75 to $3.90 per share, excluding items, from $3.30 to $3.40 per share in 2012.


Fellow drugmaker Johnson & Johnson rose 1.2 percent to $71.55 after Deutsche Bank upgraded the Dow component to a "Buy" from a "Hold" rating. The NYSEArca pharmaceutical index <.drg> climbed 0.6 percent.


Shares of Mosaic Co gained 3.3 percent to $58.62. Excluding items, the fertilizer producer's quarterly earnings beat analysts' expectations, according to Thomson Reuters I/B/E/S.


Volume was modest with about 6.07 billion shares traded on the New York Stock Exchange, NYSE MKT and Nasdaq, slightly below the 2012 daily average of 6.42 billion.


Advancing stocks outnumbered declining ones on the NYSE by 2,287 to 701, while on the Nasdaq, advancers beat decliners 1,599 to 866.


(Reporting by Chuck Mikolajczak; Editing by Nick Zieminski and Kenneth Barry)



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AP Source: Browns close to deal with Kelly


CLEVELAND (AP) — A person familiar with the negotiations says the Cleveland Browns are close to a deal with Oregon's Chip Kelly to become their next coach.


The Browns interviewed Kelly on Friday and the Ducks coach was supposed to meet with Philadelphia. However, a person familiar with the interviews says the Eagles are "heading in another direction" because Kelly is nearing a deal with Cleveland.


That person, who spoke to The Associated Press on condition of anonymity because the team isn't discussing its negotiations publicly, said the Eagles planned to interview several other candidates regardless of any conversations with Kelly.


The Eagles were granted permission Friday to interview Colts offensive coordinator Bruce Arians and Seahawks defensive coordinator Gus Bradley and are scheduled to meet with Broncos offensive coordinator Mike McCoy on Sunday.


Following Oregon's win over Kansas State in the Fiesta Bowl on Thursday night, the 49-year-old Kelly said he wanted to get the interview process over "quickly."


He turned down an offer from Tampa Bay last year to return for his fourth season at Oregon, where he is 46-7. He has boosted the school's national profile with a high-powered offense capable of turning any game into a track meet.


"It's more a fact-finding mission, finding out if it fits or doesn't fit," Kelly said after the Ducks beat No. 7 Kansas State 35-17. "I've been in one interview in my life for the National Football League, and that was a year ago. I don't really have any preconceived notions about it. I think that's what this deal is all about for me. It's not going to affect us in terms of we're not on the road (recruiting). I'll get an opportunity if people do call, see where they are.


"I want to get it wrapped up quickly and figure out where I'm going to be."


Kelly has been at the top of the Browns' list of candidates since the team fired Pat Shurmur, who went 9-23 in two seasons. Cleveland owner Jimmy Haslam and CEO Joe Banner have been conducting interviews in Arizona all week, searching for the team's sixth coach since 1999.


The Browns have declined comment on any interviews.


Cardinals defensive coordinator Ray Horton confirmed he interviewed with Cleveland earlier this week. The Browns have reportedly met with former Arizona coach Ken Whisenhunt, Syracuse coach Doug Marrone and Penn State's Bill O'Brien, who removed himself from any consideration on Thursday night and intends to stay at the school.


Kelly doesn't have any NFL coaching experience, but aspects of his up-tempo offense are already being used by some teams.


Kelly wouldn't say if he was leaning one way or another following the Ducks' bowl win.


"I said I'll always listen, and that's what I'll do," he said. "I know that people want to talk to me because of our players. The success of our football program has always been about our guys. It's an honor for someone to say they'd want to talk to me about maybe moving on to go coach in the National Football League. But it's because of what those guys do. I'll listen, and we'll see."


Oregon could be facing possible NCAA sanctions for the school's use of recruiting services, but Kelly indicated he isn't running from anything.


"We've cooperated fully with them," he said. "If they want to talk to us again, we'll continue to cooperate fully. I feel confident in the situation."


Oregon's players gave Kelly a Gatorade bath as the final seconds ticked off the clock in Thursday night's game, and afterward a few of the Ducks seemed resigned to their coach moving on.


"We'll have to see," quarterback Marcus Mariota said. "Whatever he decides to do, we're all behind him. He's an unbelievable coach. He's not only a football coach, but he's someone that you can look to and learn a lot of life lessons from. Whatever happens, happens. But we're all behind him.


"We'll see where it takes us."


___(equals)


AP Football Writer Rob Maaddi in Philadelphia contributed to this report.


___


Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL


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Court faults EPA for Bush-era soot regulations






WASHINGTON (AP) — An appeals court is siding with environmental groups that had challenged Environmental Protection Agency regulations on soot as too weak.


The three-judge panel ruled Friday that the EPA regulated soot of a certain size under weaker cleanup requirements than it should have.






The environmental groups, including the Natural Resources Defense Council, had challenged two rules dating back to the George W. Bush administration. The court sent the rules back to the EPA with instructions to strengthen them.


Soot, or fine particulate matter, is microscopic pollution released from smokestacks, diesel trucks and other sources. Breathing it can cause lung and heart problems, contributing to heart attacks, strokes and asthma attacks.


Two of the three judges were appointed by Republican presidents, the third by a Democrat.


Energy News Headlines – Yahoo! News





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