Friday, June 29, 2012

'I Love Lucy' actress Doris Singleton dead at 92

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Source: http://news.yahoo.com/love-lucy-actress-doris-singleton-dead-92-070151456.html

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These Are The Top Five Features Of Android 4.1 Jelly Bean

_MGT3919Today Google announced the latest version of its mobile operating system: Android 4.1 Jelly Bean. It's an incremental upgrade — a number of valuable features have been added, but there's no real revamp to be seen. Still, these features are incredibly competitive, and in many ways threaten Apple's latest mobile operating system, iOS 6. Google's voice transcription and search now has the look and feel of Siri's UI, the camera app works in a more streamlined fashion with swipe to preview, and Google Now goes a step further than Siri to offer everything you need to know without you ever saying a word. That said, here are the top five features of the new platform for your drooling pleasure. Check it out:

Source: http://feedproxy.google.com/~r/Techcrunch/~3/FjKYAlFUEw4/

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Gates sounds off on higher education in interview

7 hrs.

Bill Gates sounds off on a number of education issues in a recent interview with the Chronicle of Higher Education. He states that higher ed hasn't really changed that much despite exposure to an incredibly transformative medium, the Internet. That's because, as he sees it, the change can't start with technology, but with the institutions themselves.

(Gates, of course, is co-founder of Microsoft, and?Msnbc.com is a joint venture of Microsoft and NBCUniversal.)

Despite many small changes, most universities have resisted changes like remote learning and virtual classrooms, though they have embraced cost-saving measures like distributing course notes online. Things like free multi-user video chat, unlimited file space, the availability to students of many more means of showing their mastery of material ? few of these have been integrated in any serious way.

Simply making those tools available doesn't mean they'll be used, though, Gates points out:

Just giving people devices has a really horrible track record. You really have to change the curriculum and the teacher.

But the device is not the key limiting factor at this point, at least in most countries. If we ever get the curriculum to be super, super good, then the access piece, which is the most expensive part, will be challenging, requiring special policies to let people get access.

A recent study that provided hundreds of Kindles to schools in Ghana found that devices actually did have a positive effect, though they note that it was largely because the teachers themselves were empowered and motivated to improve their lesson plans.

But the Gates Foundation isn't acting as a think tank, producing ways to improve education and shopping them out to universities. They work as a funding engine, and wait for ideas to come to them, Gates said:

We bet on the change agents within the universities... People come to us and say, We want to try a hybrid course where some piece is online, some piece is not, and we're aiming this at the students that are in the most need, not just the most elite.?So that's who we're giving grants to, people who are trying out new things in universities.?So that's who we're giving grants to, people who are trying out new things in universities.

The system he envisions is a hybrid, where the digital realm handles the things it is best suited to (distribution of static lectures and notes, non-real-time collaboration), and getting together in the physical world is done when it is most useful?(discussion, tutoring, office hours). And practices that result in higher completion rates and more useful degrees should be studied and popularized, something he is amazed isn't done today.

He cautions that it's a long and slow process, though: education is a large ecosystem and there is much in the way of history and tradition that is resistant to more efficient methods, perhaps for good reason. And although he famously never graduated from Harvard, he considers himself extremely lucky in the?opportunities?he's had, saying: "If every kid could have that kind of education, we'd achieve a lot of goals both at the individual and country level."

Devin Coldewey is a contributing writer for msnbc.com. His personal website is?coldewey.cc.

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Why supermarket tomatoes taste lousy

Most supermarket tomatoes are flavorless at best, and a single gene mutation goes a long way toward explaining why.

The mutation arose as breeders cultivated tomatoes to ripen evenly, a trait that makes harvesting cheaper and more efficient. As pretty as they look, though, mutated tomato fruits are less efficient at photosynthesizing, found a new study. As a result, they make less sugar and other compounds, which means they often taste far worse than tomatoes that may look blotchy but are full of explode-in-your-mouth sweetness.

For consumers who like their Caprese salads rich and complex, the results suggest that, for now, heirloom varieties at co-ops and farmer's markets may be your best bet. Eventually, the findings could help breeders put more satisfying flavor profiles back into everyday grocery store tomatoes.

NEWS: Grocery Cart Suggests Better Food Choices

"When you have fruit or berries and you sprinkle sugar on top to accentuate the flavors, you can see how every little bit helps," said Ann Powell, a biochemist at the University of California, Davis. Our sensitivity to sweetness makes a gene for sugar production extra-important. "By knowing which gene it is, breeders can now select for varieties when plants are young."

For some 70 years, tomato breeders have worked to create fruits that are uniformly light green before they ripen. The advantage of this even coloring is that fruits become ripe all at once, instead of at the top end first. That makes it much easier for farmers to tell when it's time to harvest.

Motivated more by the question of why tomatoes bother being green in the first place than by the question of why tomatoes so often taste terrible, Powell went on a hunt for proteins inside the fruit called transcription factors, which direct the genes that code for various traits.

VIDEO: Why does fruit turn brown?

That search led her to a type of protein in tomatoes called GLK. When intact, she and colleagues reported Thursday in the journal Science, the protein makes pre-ripened fruits appear dark green at the shoulder, where flesh meets stem. With the mutation, on the other hand, fruits are light green all over before they turn red.

Scientists have known for a long time that two GLK proteins in the leaves of tomato and other plants direct the production of chloroplasts, which are responsible for photosynthesis, turning sunlight into sugars, and some of those sugars travel into the fruit to add sweetness.

Now it appears that the fruits of tomato plants also contain a GLK protein, which boosts sugar production just enough to make a real flavor difference. The dark green shoulder is a sign that extra photosynthesis is happening. Chemical analyses showed that tomatoes with normal GLK proteins also contained more lycopene, an antioxidant that gives tomatoes their red color.

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HOWSTUFFWORKS: How to Pick Ripe Fruit

Once tomatoes turn red, though, it becomes impossible to tell which fruits have the mutation, making it highly unlikely that a supermarket shopper would be able to pick out tomatoes with naturally higher levels of sugar.

In fact, the chances of unmutated tomatoes showing up in any major grocery store are extremely slim. When Powell and colleagues looked at 25 commercial varieties of tomatoes from all over the world, they found the exact same mutation in all of them.

"The mutation they describe in their paper is in literally 100 percent of modern breeds sold in grocery stores today," said Harry Klee, a molecular geneticist at the University of Florida, Gainesville, who studies the chemistry and genetics of flavor in fruits and vegetables. "It's a really good illustration of some of the problems with modern breeding of tomatoes."

The GLK mutation isn't the only reason why supermarket tomatoes are so often tasteless, Klee added. But it's an important reason, and it demonstrates how focusing on aesthetics can end up sacrificing other important qualities in an entire generation of produce.

"When you focus on one thing and neglect the other ? the other being flavor ? you can have some really bad unintended consequences," Klee said. "The consumer is going to have to realize that their tomatoes may not look perfect. There may be a patch of green around the top of the fruit. But to me, I would say, if I see that a fruit is not perfectly red and perfectly uniformly ripened, maybe it's going to taste better."

? 2012 Discovery Channel

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Thursday, June 28, 2012

IN RE BTR PROPERTIES LLC, | Chapter 11 Cases

IN RE: BTR Properties LLC, Chapter 11, Debtor(s).

C/A No. 12-02151-HB.

United States Bankruptcy Court, D. South Carolina.

May 1, 2012.

ORDER

HELEN E. BURRIS, Bankruptcy Judge.

On, April 2, 2012, Debtor BTR Properties LLC (?BTR?) filed a voluntary petition for Chapter 11 relief, including schedules and statements. The petition was filed and signed by Brian T. Roberts (?Roberts?), sole member of BTR. The petition did not include the signature of any attorney for BTR. Under the ?Type of Debtor? portion of the petition, the ?corporation? box is checked, which includes an LLC, and also indicates that this is a Single Asset Real Estate case as defined in 11 U.S.C. ? 101(51B). Prior to the filing of this case, Roberts also filed a petition for Chapter 11 relief on November 4, 2011, listing himself (individually) as the debtor. [1]

On April 4, 2012, the Office of the Clerk of Court sent BTR (c/o Roberts) a letter stating that BTR must be represented by an attorney in this bankruptcy case pursuant to SC LBR 9011-2. The letter also stated that:

Unless you have your attorney file in this office, within ten (10) days of the date of this letter, a notice of appearance of representation of your partnership, corporation or other business entity in this matter, the Court will enter orders as it deems appropriate, which may include dismissal of the document you filed and imposition of sanctions. [2]

Roberts filed a Response with the Court on April 9, 2012, objecting to the requirement that BTR be represented by counsel and the Court scheduled this Status Hearing. [3] The Response attached a document titled ?SC Revenue Ruling 91-11,? [4] which states that ?[a] limited liability company (LLC) is an unincorporated business association. . .? The Response also attached a document from the Internal Revenue Service stating that ?[a]n LLC business entity must file a corporation, partnership or sole proprietorship tax return.? [5] From these documents, Roberts and/or BTR claim that as a single member LLC, which is operated as a sole proprietorship, BTR may be represented by Roberts because SC LBR 9011-2 allows an individual to ?represent an unincorporated business if that individual is the sole proprietor of that business.? SC LBR 9011-2(b).

Roberts? reliance on the authorities set forth in the Response is misplaced. Section 12-2-25 states that ?for South Carolina tax purposes: (1) a single-member limited liability company, which is not taxed for South Carolina income tax purposes as a corporation, is not regarded as an entity separate from its owner . . .? S.C. Code. Ann. 122-25(B) (emphasis added). As the statutory language plainly states, this only affects state tax purposes and, therefore, is inapplicable here.

Further, if BTR were in fact a sole proprietorship?as mentioned in document filed by Roberts (which is not the case)?then its assets and liabilities would already be a part of Roberts? bankruptcy estate and this additional bankruptcy would be superfluous. See Moore v. Moore, 360 S.C. 241, 259, 599 S.E. 2d 467, 476 (Ct. App. 2004) (stating that as a sole proprietor, the owner?s personal income and the business?s income are the same and the owner?s ?personal expenditures are probative as to his business?s financial viability.?).

The Federal Rules of Bankruptcy Procedure provide that ?[e]very petition, pleading, written motion, and other paper, except a list, schedule, or statement, or amendments thereto, shall be signed by at least one attorney of record in the attorney?s individual name. A party who is not represented by an attorney shall sign all papers.? Fed. R. Bankr. P. 9011(a). While individuals in bankruptcy or other court proceedings may represent themselves, the same prerogative is not afforded to corporations and other certain business entities. It is well-established law that those entities must be represented by a licensed attorney because they are fictional legal persons; therefore, they cannot appear for themselves personally. See Rowland v. Cal. Men?s Colony, 506 U.S. 194, 2010-2, 113 S. Ct. 716, 721, 121 L. Ed. 2d 656 (1993) (?It has been the law for the better part of two centuries, for example, that a corporation may appear in the federal courts only through licensed counsel.? (citations omitted)).

?Pursuant to 28 U.S.C. ? 1654, bankruptcy courts have the statutory authority to regulate who may appear before them.? In re Wile, C/A No. 09-04657-JW, slip op. at 2 n.3 (Bankr. D.S.C. Sept. 9, 2010). Consistent with the long-established rule described in Rowland, the South Carolina Local Bankruptcy Rules require that ?[a]ll partnerships, corporations and other business entities must be represented by an attorney duly admitted to practice as specified in SC LBR 2090-1, except with respect to the filing of proofs of claim or interests and reaffirmation agreements.? SC LBR 9011-2(b); see also Local Civil Rule 83.1 IX.02 DSC (authorizing Bankruptcy Judge of the District of South Carolina ?to make such rules of practice and procedure as they deem appropriate.?). This rule is also recognized under South Carolina state law. See Renaissance Enters., Inc. v. Summit Teleservices, Inc., 334 S.C. 649, 653, 515 S.E.2d 257, 259 (1999) (holding that a non-lawyer is not allowed to represent a corporation in state circuit or appellate courts).

An LLC, such as BTR, is a type of business entity that is ?a legal entity distinct from its members.? S.C. Code Ann. ? 33-44-201. Therefore, like other business entities, BTR can appear in court only through a licensed attorney. Monster Daddy, LLC v. Monster Cable Prod. Inc., 2008 U.S. Dist. LEXIS 54406 (D.S.C. 2008) (?It is well established that a limited liability company is an artificial entity that cannot appear pro se and must be represented by counsel.?); see also In re 1103 Norwalk St., L.L.C., 011-0059C-7G, 2003 WL 23211564, at *1 (Bankr. M.D.N.C. Nov. 26, 2003), appeal dismissed, 174 F. App?x 787 (4th Cir. 2006) (citing various cases); In re Unauthorized Practice of Law Rules Proposed by S.C. Bar, 309 S.C. 304, 305, 422 S.E.2d 123, 124 (1992) (?We have refused, however, to allow an individual to represent a business entity .. .? (citing State ex rel. Daniel v. Wells, 191 S.C. 468, 5 S.E.2d 181 (1939) ). Furthermore, ?[t]he majority of other jurisdictions have held a corporation must be represented by an attorney in all courts.? Renaissance Enters., 334 S.C. at 652, 515 S.E.2d at 258 (emphasis in original) (citations omitted).

IT IS HEREBY ORDERED THAT pursuant to the authorities set forth above, BTR must be represented by an attorney to proceed with this bankruptcy case.

[1] C/A No. 11-06855-HB. Roberts is represented by an attorney in that matter.

[2] Doc. No. 8.

[3] Doc. No. 12.

[4] Id. at Ex. C.

[5] Id. at Ex. D.

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Prison Planet.com ? Big Banks Craft 'Living Wills' In Case They Fail

Reuters
June 27, 2012

Five of the biggest banks in the United States are putting finishing touches on plans for going out of business as part of government-mandated contingency planning that could push them to untangle their complex operations.

Since the law allows regulators to go so far as to order a bank to divest subsidiaries if it cannot plan an orderly resolution in bankruptcy, the deadline is pushing even healthy institutions to start a multi-year process to untangle their complex global operations, according to industry consultants.

The plans, known as living wills, are due to regulators no later than July 1 under provisions of the Dodd-Frank financial reform law designed to end too-big-to-fail bailouts by the government. The living wills could be as long as 4,000 pages.

?The resolution process is now going to be part of the cost-benefit analysis on where banks will do business,? said Dan Ryan, leader of the financial services regulatory practice at?PricewaterhouseCoopers in New York. ?The complexity of the organizations will shrink.?

Full article here

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Improving Markets Index: Syracuse, NY MSA ? Eye on Housing

NAHB recently unveiled an index that tracks housing markets on the mend, the NAHB/First American Improving Markets Index (IMI). ?The IMI is intended to draw attention to the fact that housing markets are local and that there are metropolitan areas where economic recovery is underway.? The index measures three readily available monthly data series that are independently collected and are indicative of improving economic health.? The three are employment, house prices and single family housing permit growth.

For the ninth release 80 markets are currently classified as improving under a conservative examination of local economic and housing market conditions.? Among these areas is the Syracuse, New York metropolitan statistical area (MSA).

The health of the Syracuse housing market is due to Syracuse being an extremely large regional healthcare center, the presence of Syracuse University and Le Moyne College and its geographic location that makes it a natural transportation center for the northeast.? Heathcare is, by far, the largest single industry in the city with SUNY Upstate University Heath System, St. Josephs Hospital, Crouse Hospital, and the very large regional VA facility collectively employing close to 20,000 people.? Syracuse also benefits from the large presence of national firms like Wegman?s Food Markets, Bristol-Myers Squibb, National Grid USA, and is the headquarters for the engineering firm O?Brien & Gere.? ??

According to home builder Todd Loscombe, President of Loscombe Custom Homes, Inc., ?Eds and Meds are what drives the local economy.? On top of that, the area is very conservative and that has insulated us from the recent housing market booms and busts.? Moreover, the builders here, because they are generally small, nimble and adaptive have adjusted to changes in buyer tastes and never had many spec houses for sale.? ?He went on to say that ?because of the large number of well paying jobs at the hospitals and at SU, there is a steady stream of organic move-up buyers in the community along with a continuous supply of doctors and professors who move here with their families.? And, because of the dearth of existing inventory, the demand for nice housing by these households means a demand for new housing.? ???????

Comparing 2010 American Community Survey data for Syracuse to the US offers strong evidence that Syracuse is doing well and some insight into why.? The unemployment rate is 2.1 percentage point lower in Syracuse than in the rest of the country, and the percentage of persons employed in transportation, warehousing and utilities and in educational and healthcare services are 18.4% percent and 25.0% percent higher respectively than the national average.? Because the local economy is doing well, the number of vacant housing units, be they owner-occupied units or rental units, is 14.5% lower than what it is for the nation as a whole and the percentage of owner-occupied units stands at 67.3% versus 65.4% for the entire country.? Lastly, the percentage of persons with an associate?s degree is 50% higher in Syracuse than it is for the rest of the US. ?Part of the reason for this is that the percentage of the population with a graduate or professional degree is 21.2% higher in Syracuse than it is nationally.? ????

According to Chris Neumann, President of Erie Materials ?while our single family market is up our multifamily market is doing very well due to the number of aging baby boomers eager to downsize and reduce their responsibilities. ?Remodeling activity is also very strong due to necessary remodeling activity as well delayed esthetic remodeling which is picking up due to improving confidence the local economy, which has helped put a floor on prices.? ?Whatever the causes, house prices have held up well over the past few years.? Prices are up 1.2% since the trough in February 2011 and are off less than 6% from their all-time high set in June 2010.? ????

Improving economic conditions have resulted in payroll employment being down just 2.1% from its 10-year high set in January 2008 and up by 2.3% since the trough in August 2010.? Single family permitting activity is up 5.1% on a seasonally adjusted monthly average basis from the trough set in August 2011.? While new homes are being built in many parts of the Syracuse MSA, activity has been primarily centered in the northern suburbs of Cicero and Clay with substantial rehabilitation and condominium construction taking place in downtown.

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