Tuesday, July 3, 2012

Video: Smerconish: Yes, there?s room for improvement, but America is still great

America's most crowded beaches

Independence Day brings to mind fireworks, barbecue, and, if you live in Ocean City, crowds. More than 300,000 sun-seekers flood this small Maryland town each July 4th, packing restaurants, boardwalk attractions, and, of course, the beach.

Source: http://www.msnbc.msn.com/id/3036697/vp/48065337#48065337

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SUV goes airborne after road buckles (VIDEO)

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Source: http://news.yahoo.com/blogs/sideshow/suv-airborne-video-140712287.html

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CPI: ALEC faces tax challenge by clergy

By John DunbarCenter for Public Integrity

A prominent tax attorney has accused an organization of state lawmakers and corporations officials with improperly claiming nonprofit status, alleging the group?s role is to benefit businesses, the Republican Party, and legislators and not the public.

The American Legislative Exchange Council (ALEC) ?elevates commercial gain for a few over the well-being of society?s less fortunate,? says a complaint penned by Marcus Owens, the former chief of the Internal Revenue Service?s nonprofit corporations division, on behalf of Clergy VOICE, a group of ministers from progressive churches in Ohio.


ALEC has attracted attention recently for its model ?stand your ground? and voter ID laws which led major corporate backers like Coca Cola and Kraft Foods Inc. to drop their membership in the face of a threatened boycott by activists. The Florida gun law became a hot topic following the slaying of Trayvon Martin, an unarmed teen, by a neighborhood watch volunteer in February.

Until recently, ALEC has enjoyed a low profile, despite its substantial influence over legislation in the nation?s statehouses. The group claims on its website that it has helped craft close to 1,000 bills introduced by state lawmakers and that ?an average of 20 percent become law.?

In its complaint, Clergy VOICE says ALEC has ?deliberately and repeatedly failed to comply with some of the most fundamental federal tax requirements applicable to public charities? and that evidence ?quite strongly? suggests that the group is violating civil and criminal tax laws.

The clergy?s complaint goes beyond allegations of improper lobbying, claiming that ALEC exists for the ?private benefit? of its members rather than for charitable, educational or other exempt purposes that serve the public interest and deserve special tax treatment.

The Center forwarded the complaint to ALEC?s media relations representative Tuesday via email but a call was not returned. The Center forwarded the complaint and questions Wednesday morning to the organization and was told it had been passed along to ?appropriate parties? but did not receive a response.

The 30-page letter sent to the IRS on June 18 was inspired by a separate, whistleblower claim lodged by consumer group Common Cause in April, which alleged ALEC is a corporate-funded lobbying group, which violates IRS rules that govern 501(c)(3) nonprofit corporations.

ALEC, formed in 1973, has consistently argued it is bipartisan and educational in nature, because it provides research and analysis for legislators. It pays no income tax and donors to the organization, including its corporate members, can deduct their contributions from their taxable income, just as they would for a charity.

The Internal Revenue Code says a 501(c)(3) organization ?may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.? ALEC reports no lobbying on its annual filings with the IRS, according to the complaint, but state records in North Dakota show two lobbyists registered to represent the organization in 2008 and 2009: Mark Behrens and Cory Shaecher.

ALEC was formed in Chicago by a group of state legislators and the late Paul Weyrich, a pioneering conservative activist and co-founder of the Heritage Foundation. Based in Washington, D.C., the group says its mission is to advance ?free-market enterprise, limited government and federalism at the state level through a nonpartisan public-private partnership of America?s state legislators, members of the private sector and the general public.?

Its 23-member board of directors is made up of entirely of state legislators. But it also has a ?private enterprise board? consisting of corporate representatives, including GlaxoSmithKline, PhRMA, Pfizer Inc. AT&T Inc., Koch Companies Public Sector, LLC, Altria (formerly Philip Morris) Client Services, ExxonMobil Corp. and State Farm Insurance Co. Legislators join for $50 per year while private sector members join for $7,000, $12,000 or $25,000 for the top-tier ?Jefferson Club.?

The criticism of the group is focused mainly on its ?task forces,? which bring legislators and corporate members together to create model bills.

The complaint alleges that industry representatives have ?effective veto power? over the recommendations of the task forces.

While ALEC describes the output of its task forces as bipartisan analysis and research, the complaint said the task force proposals ?do not appear to contain ?a sufficiently full and fair exposition? of the public policy issue underlying the legislative proposal. To the contrary, they promote the ideological views and business interests of ALEC?s Private Sector members ? the corporate funders.?
Clergy VOICE consists of 18 religious leaders who have come together in the past to challenge nonprofits. In 2004 and 2006, they filed complaints against two large Ohio churches alleging they were promoting Republican candidates.

They also challenged the tax-exempt status of a Christian organization and its $1.8 million Washington, D.C., townhouse that housed conservative Christian members of Congress. The ?C Street Center? made the news as a refuge for three Republican politicians tarnished by scandal.

The religious leaders do not represent their congregations. Half are members of the United Church of Christ, a Protestant denomination that has been historically liberal on social issues. In a cover letter to IRS Commissioner Douglas Shulman, they accuse ALEC of compromising free and fair elections, weakening union rights, degrading the environment and a host of other offenses.

The organization singled out a handful of corporate-influenced model bills, including a cap on damages for asbestos claims, the ?stand your ground? legislation pushed by the National Rifle Association and an immigration bill which reportedly served as the basis for Arizona?s law and was drafted with help from a private prison company. The immigration law was partially knocked down by the U.S. Supreme Court on June 25.

The complaint also said ALEC had improperly provided a benefit to lawmakers by creating ?scholarships? under the control of the national headquarters that paid for the lawmakers? attendance at meetings ?held in luxury hotels, frequently in vacation-worthy destinations like San Diego, New Orleans and Scottsdale.? These include ?perks such as meals, recreational activities, and subsidized childcare for legislators and their families? that are often not reported by the lawmakers on their state ethics disclosure forms, the complaint said.

?Meeting agendas include events like golf tournaments, open bar parties and baseball games ? all subsidized directly or indirectly by ALEC?s corporate members,? the letter said, citing an estimate by ALEC that these benefits cost $1 million to $2 million each year.
ALEC claims to be bipartisan, but all 23 legislative members of its board listed on ALEC?s 2010 tax return are Republicans, according to a Center review. The clergy complaint claims 72 of ALEC?s 74 filled state chairman seats are held by Republican legislators.

The group states ALEC faces potential civil penalties for ?a pattern of filing multiple inaccurate? tax returns with the IRS, such as not reporting lobbying activities and providing incorrect information about its payments to legislators for travel and entertainment.
It also says the group may face criminal tax penalties if the misstatements or omissions were made ?knowingly or willfully.?

Whether the IRS will pursue any action is difficult to say. Complaints are typically answered with a ?thank you? letter acknowledging their receipt and the agency does not release details about investigations or audits.

Owens, who was director of the Exempt Organizations Division of the IRS from 1990 to 2000, said he expects a reaction.
?The legal analysis is done for them. They just have to read it,? he said. ?I would be surprised if the IRS took no action in response to this letter.?

The Center for Public Integrity is a nonprofit, independent investigative news outlet. ?To read more of CPI?s stories go to iwatchnews.org.

Source: http://openchannel.msnbc.msn.com/_news/2012/07/02/12524532-alec-the-power-behind-legislation-faces-tax-complaint-from-clergy-group

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Newly discovered dinosaur implies greater prevalence of feathers; Megalosaur fossil represents first feathered dinosaur not closely related to birds

ScienceDaily (July 2, 2012) ? A new species of feathered dinosaur discovered in southern Germany is further changing the perception of how predatory dinosaurs looked. The fossil of Sciurumimus albersdoerferi,which lived about 150 million years ago, provides the first evidence of feathered theropod dinosaurs that are not closely related to birds.

The fossil is described in a paper published in the Proceedings of the National Academy of Sciences on July 2.

"This is a surprising find from the cradle of feathered dinosaur work, the very formation where the first feathered dinosaur Archaeopteryx was collected over 150 years ago," said Mark Norell, chair of the Division of Palaeontology at the American Museum of Natural History and an author on the new paper along with researchers from Bayerische Staatssammlung f?r Pal?ontologie und Geologie and the Ludwig Maximilians University.

Theropods are bipedal, mostly carnivorous dinosaurs. In recent years, scientists have discovered that many extinct theropods had feathers. But this feathering has only been found in theropods that are classified as coelurosaurs, a diverse group including animals likeT. rexand birds. Sciurumimus -- identified as a megalosaur, nota coelurosaur -- is the first exception to this rule. The new species also sits deep within the evolutionary tree of theropods, much more so than coelurosaurs, meaning that the species that stem from Sciurumimus are likely to have similar characteristics.

"All of the feathered predatory dinosaurs known so far represent close relatives of birds," said palaeontologist Oliver Rauhut, of the Bayerische Staatssammlung f?r Pal?ontologie und Geologie. "Sciurumimus is much more basal within the dinosaur family tree and thus indicates that all predatory dinosaurs had feathers."

The fossil, which is of a baby Sciurumimus, was found in the limestones of northern Bavaria and preserves remains of a filamentous plumage, indicating that the whole body was covered with feathers. The genus name ofSciurumimus albersdoerferirefers to the scientific name of the tree squirrels,Sciurus, and means "squirrel-mimic"-referring to the especially bushy tail of the animal. The species name honours the private collector who made the specimen available for scientific study.

"Under ultraviolet light, remains of the skin and feathers show up as luminous patches around the skeleton," said co-author Helmut Tischlinger, from the Jura Museum Eichstatt.

Sciurumimusis not only remarkable for its feathers. The skeleton, which represents the most complete predatory dinosaur ever found in Europe, allows a rare glimpse at a young dinosaur. Apart from other known juvenile features, such as large eyes, the new find also confirmed other hypotheses.

"It has been suggested for some time that the lifestyle of predatory dinosaurs changed considerably during their growth," Rauhut said. "Sciurumimus shows a remarkable difference to adult megalosaurs in the dentition, which clearly indicates that it had a different diet."

Adult megalosaurs reached about 20 feet in length and often weighed more than a ton. They were active predators, which probably also hunted other large dinosaurs. The juvenile specimen of Sciurumimus, which was only about 28 inches in length, probably hunted insects and other small prey, as evidenced by the slender, pointed teeth in the tip of the jaws.

"Everything we find these days shows just how deep in the family tree many characteristics of modern birds go, and just how bird-like these animals were," Norell said. "At this point it will surprise no one if feather like structures were present in the ancestors of all dinosaurs.

The study was financed by the Volkswagen Foundation and the American Museum of Natural History.

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Story Source:

The above story is reprinted from materials provided by American Museum of Natural History.

Note: Materials may be edited for content and length. For further information, please contact the source cited above.


Journal Reference:

  1. Oliver W. M. Rauhut, Christian Foth, Helmut Tischlinger, and Mark A. Norell. Exceptionally preserved juvenile megalosauroid theropod dinosaur with filamentous integument from the Late Jurassic of Germany. Proceedings of the National Academy of Sciences, July 2, 2012 DOI: 10.1073/pnas.1203238109

Note: If no author is given, the source is cited instead.

Disclaimer: Views expressed in this article do not necessarily reflect those of ScienceDaily or its staff.

Source: http://www.sciencedaily.com/releases/2012/07/120702210225.htm

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Ark. gov weighing Medicaid expansion after ruling

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Source: http://news.yahoo.com/ark-gov-weighing-medicaid-expansion-ruling-160843372--finance.html

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Monday, July 2, 2012

Kenya police: church attacks kill 15, wound 40

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Source: http://news.yahoo.com/kenya-police-church-attacks-kill-15-wound-40-132701176.html

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Micron Technology buying Elpida for about $750M

(AP) ? Memory-chip maker Micron Technology Inc. has agreed to buy Elpida Memory Inc. for approximately $750 million in cash in a deal that would boost its wafer manufacturing capacity by about 50 percent.

Elpida specializes in dynamic random access memory chips used in mobile phones and computers. It has been developing a plan of reorganization since filing for the largest manufacturing bankruptcy ever in Japan earlier this year.

Elpida wanted to reorganize after years of sliding chip prices amid a glut of supply, punishing competition from South Korea's Samsung Electronics Co. and weaker sales due to last year's flooding in Thailand that disrupted production.

Micron and Elpida said Monday that the total value of their deal is about $2.5 billion including about $1.75 billion in future annual installment payments that Micron would make through 2019.

Micron Technology shares rose 29 cents, or 4.6 percent, to $6.60 in premarket trading.

Elpida's reorganization plan is expected to be submitted in August to the Tokyo District Court for approval.

Last month Micron Technology said that it was in talks to purchase Elpida. Micron Technology said at that time that the Tokyo District Court had allowed Elpida's trustees to negotiate an agreement with Micron to become Elpida's sponsor and acquire its entire business in accordance with corporate reorganization proceedings.

The Micron deal requires approval from Elpida's creditors, the Tokyo District Court and antitrust approvals.

Boise, Idaho-based Micron Technology also said Monday that it is buying Powerchip Technology Corp.'s 24 percent stake in Rexchip Electronics Corp. for approximately $334 million. Elpida has about a 65 percent stake in Rexchip. Combined, this will give Micron Technology an 89 percent stake in Rexchip.

The deals are expected to close during the first half of 2013. Micron's transaction with Powerchip will take place once the Elpida acquisition is complete.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/f70471f764144b2fab526d39972d37b3/Article_2012-07-02-Micron%20Technology-Elpida/id-051f131edbba49c78f7445f12acc5197

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