শুক্রবার, ২৪ মে, ২০১৩

It's not your imagination: Memory gets muddled at menopause

May 23, 2013 ? Don't doubt it when a woman harried by hot flashes says she's having a hard time remembering things. A new study published online in Menopause, the journal of The North American Menopause Society (NAMS), helps confirm with objective tests that what these women say about their memory is true.

In the past, some studies showed that hot flashes were related to memory problems, and some didn't. Other studies showed that, even though there was a relationship between hot flashes and what women said about memory problems, objective tests didn't confirm it.

That's why researchers from the University of Illinois and Northwestern University in Chicago gave a battery of eight tests of attention and recall to 68 women age 44 to 62 who had at least 35 hot flashes a week. The women also completed questionnaires about their menopause symptoms, mood, and memory. Women who said they had trouble with memory really did. Also, those who had more trouble with hot flashes did worse on the tests, and women with more hot flashes struggled longer with memory problems than women who had fewer hot flashes. In addition, women who reported more negative emotions did worse on the tests than women who had fewer.

Supported by grants from the National Institute of Health (NIH)/Center for Complementary and Alternative Medicine, the study will be published in the December 2013 print edition of Menopause.

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The above story is reprinted from materials provided by The North American Menopause Society (NAMS).

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Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/g68PPDjRklc/130523181344.htm

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President Obama Heckled During Speeches

Apparently, this is the week to get your two cents in with Obama:

During a speech given at Ohio State University, President Obama had to deal with hecklers, as respect for the position he holds continues to erode in the eyes of those who believe differently. The Commander in Chief had to deal with audience member interruptions one more than one occasion, as one audience member challenged the President to read a book he was holding. The lead video reveals the exchange quite clearly, and Politco.com has also transcribed the exchange:

?Sir, I?m here to speak to these folks. You can hold your own rally. You?re being rude. ? I?m trying to talk to these people? I?ll be happy to read your book. If you want to give me your book, I?ll be happy to read it but don?t interrupt my conversation with these folks. Show me some courtesy. I?ll be happy to take your book, but don?t interrupt everybody else. Alright??

The President then instructed his aides to retrieve the book, and while no one outside of that particular circle will ever truly know what happens to the book (or the hecklers), it appears as if they obliged. As for the additional hecklers, they are unhappy with what?s going on with the Keystone XL project, which Politco describes as:

Obama?s visit to a state [Oklahoma] where he lost all 77 counties four years ago will be to tout TransCanada?s plans to build the southern portion of the Keystone XL that would be intended to relieve a surplus of oil stored here in Cushing down to Texas refineries.

Considering the recent outcry, some may be surprised to find Obama?s approval ratings remain steady.

The President was also heckled during a press conference when he was discussing Guantanamo.

The BBC also has additional footage (non-embeddable) where the President discusses the concepts of the First Amendment with the female heckler, who has been identified as Medea Benjamin an activist and founder of Code Pink, an organization that is firmly against war.

Lead image courtesy

Source: http://feedproxy.google.com/~r/WebpronewsTopNewsRssFeed/~3/lK8vIBVslUg/president-obama-heckled-during-speech-at-ohio-state-2013-05

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বৃহস্পতিবার, ২৩ মে, ২০১৩

Here Comes the Sun! Suncatcher Pops, Sunshine Smoothie, and ...

3 sunny summer treat ideas

School?s almost out and warm weather is finally here!? Why not celebrate the changes with some sunny treats?? Surprise kids with?one of these snacks to officially kick off the first day of summer, or serve any time during the summer break.

Suncatcher Pops

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I love when sunlight hits a suncatcher or stained glass window and illuminates the mosaic colors.? I thought it would be fun to capture that idea in a simple?treat that kids can help create?~ then eat!

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All you?ll need is a juice that?s somewhat clear like apple, lemonade, or white grape juice.

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We used peach lemonade for ours.? Notice there is some pulp settled to the bottom of the organic juices pictured here.? I made sure to NOT shake it up and just poured the clearer juice?from the top to get the desired transparent ?stained glass? effect I was after.

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Begin?by filling the popsicle molds, about 3/4 full, with juice.? You can see the amount I used in the two compartments on the left.? On the right you can see how it reaches the ?fill line? when the fruit pieces are added.? Once the fruit is added, popsicle sticks stay supported easily without lids to hold them in place.

We used pineapple and mandarin orange pieces, cut about the size of bite-size fruit snacks.

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Here?s another view, so you can see how much fruit to add:

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You can also make little suncatcher ice cubes to add to a glass of juice.? I used a star shaped ice cube mold?since it was the closest thing?I had to a?sunburst shape.

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They?re still fun and summery and?could be star fish for a beach themed party, or add bluberry and strawberry pieces to your star cubes for a 4th of July celebration.

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This next concoction will definitely give you a beachy feeling with its tropical combination of coconut, pineapple, banana,?and mango.

Sunshine Smoothie

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Begin with R.W.Knudsen Pineapple Coconut juice.

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You could try blending its key ingredients: Pineapple and apple juice, coconut milk, white grape juice, and creamed coconut, but why bother when it?s already done?for you?

Just?blend 2-3 cups juice with one banana and one cup frozen mago chunks and you?re set.

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Make and?enjoy in minutes!

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Fruit Plate

Finally, serve up a light fruit?tray that looks like sunshine on a?plate.? On the left,?cut pineapple is surrounded by mandarin orange wedges.? On the right, mandarin oranges are surround by pineapple, cut into triangles.

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Taking a couple minutes to arrange healthy food in a happy and appealing way for kids makes them want to eat what is good for them.? I figure if food manufacturers and marketers can get my kids asking for the junk they see on t.v., then I?ll use the same strategies (bright colors, fun shapes) and apply them to healthy food that actually nourishes their bodies.? It works like a charm.? They?simply want what looks fun and always ask for more.

Fun & Functional

Foam sunburst shapes from a?craft store?are both fun and functional as dripguards when you cut a slit and slip popsicle sticks through the center.

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It?s easy peasy (as my kids like to say) :-) .

Hold the sun pops up to the?sky and see how they look.? Ask kids what they think of their creation ?

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If they can wait long enough before taking a bite!

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Have a great summer!

3 sunny summer treat ideas

signature

Source: http://www.howdoesshe.com/here-comes-the-sun-suncatcher-pops-sunshine-smoothie-and-other-sunny-treats/

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বুধবার, ২২ মে, ২০১৩

The Gold/Silver Canary In The Coalmine | Zero Hedge

In general when equity prices are rising and credit spreads are tightening, the ratio of gold-to-silver prices falls as 'fear' ebbs away and confidence in a real economy returns as exemplified by the rise of risk assets. Twice before we have seen the anti-correlation of stocks and gold/silver flip to a highly correlated regime, and as Bloomberg's Chart of the Day notes, each time it suggested "stocks were due to snap". It seems a concerted push above and a 50x ratio (for gold-to-silver) tends to exhibit notably risk-off behavior. Currently, the S&P 500 and Gold-to-Silver ratio have been highly correlated since this last rally began in stocks and as HSBC's Charles Morris notes, this suggests a 'snap' in risk assets within six months.

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Charts: Bloomberg

Your rating: None Average: 4.8 (13 votes)

Source: http://www.zerohedge.com/news/2013-05-21/goldsilver-canary-coalmine

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Most Popular Android Phone, 2013 Edition: HTC One

The best Android phones represent a powerhouse combination of features, specs, and all-around user experience. Last week we asked you to tell us which ones you thought were the best. Then we looked at the five best Android phones available right now, and put them to a vote. Now we're back to highlight our winner.

Sure, the market will change in a matter of months (or even days), but there are some Android superphones on the market right now that stand above the rest. To boot, we're happy that our list this time around represented phones that are solid not just spec-wise, and don't just tick off a set of boxes for the fastest processor or most RAM, but also represent a great user experience and a strong dev community?sometimes those things are more valuable than an extra MB of memory, or another core in your processor.

Taking the top spot with well over 32% of the overall vote was our winner, the HTC One. Those of you who own the phone praised its build quality, sleek aluminum finish, and the new Sense 5.0 user interface, which doesn't really get in the way of Android, but can be easily modded over if you don't want it.

Hot on its heels with 28% of the vote is the current Google Phone, the Nexus 4, manufactured by LG. It's the most powerful phone on the market (right now) to offer the pure, stock Android experience out of the box, and since it's a Nexus, you can trust that as soon as there are updates to the Android operating system, this phone will get them. In third place with just shy of 20% of the vote is the Samsung Galaxy S4, freshly launched and currently selling millions and millions of handsets. Plus, since Google announced they'd be selling an unlocked S4 running stock Android later this year, if you're interested.

The votes dropped off a bit from there, and in fourth place with over 10% of the votes cast is the Samsung Galaxy Note 2, the stylus-equipped phablet that you'll either love or hate based on its size, but its specs aren't in dispute. Bringing up the rear was our winner last year, the Samsung Galaxy Nexus, with just shy of 10% of the vote. It's been more than outpaced by hardware improvements, and some people questioned by it even made the list (putting aside the fact that the Hive is based on reader nominations), but it's still a great phone, and it's proof that great hardware can sometimes be supplanted by a superior development community and user experience.

The Hive Five is based on reader nominations. As with most Hive Five posts, if your favorite was left out, it's not because we hate it?it's because it didn't get the nominations required in the call for contenders post to make the top five. We understand it's a bit of a popularity contest, but if you have a favorite, we want to hear about it. Have a suggestion for the Hive Five? Send us an email at tips+hivefive@lifehacker.com!

Related
Best Android Phone?

There are dozens of Android phones on the market right now, and while plenty of sites will calculate the best based on a list of check-box features? Read?

Source: http://feeds.gawker.com/~r/lifehacker/full/~3/jhMzqLaRbiA/most-popular-android-phone-2013-edition-htc-one-509023600

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'May 20' takes new meaning for Oklahoma



>>> there are certain dates that resonate across the country as dates. 9/11 for example, everybody knows what you mean if you say 9/11 or september 11th . for generations just saying december 7th had about the same effect everyone knew what you meant if you just said that date. for the people of newtown, connecticut, it's the same. the date for them which will always mean the same thing now forever is december 14th . that's the kind of context you needed if you want to understand the front page of the oklahoman newspaper today. worse than may 3rd . the monster returned. when you say may 3rd in oklahoma , it's one of those dates everyone knows what you're referring to. may 3rd , 1999 , when an outbreak of tornadoes careened through texas and oklahoma and one of those tornadoes, an f-5 with winds speeds over 300 miles an hour, drove straight through moore, oklahoma , and bridge creek and other oklahoma city suburbs. that one twister that day in 1999 took the lives of three dozen people and injured hundreds of people and now the same place has been hammered again. but since may 3rd , since the storm 14 years ago that changed the meaning of that date in oklahoma forever, since then, something important has changed in that region. it's technological. it turned out to be really important for some people yesterday and that story is next. are

Source: http://feeds.nbcnews.com/c/35002/f/653381/s/2c3b368c/l/0Lvideo0Bmsnbc0Bmsn0N0Cid0C51959367/story01.htm

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মঙ্গলবার, ২১ মে, ২০১৩

Ark. treasurer accused of taking cash from broker

LITTLE ROCK, Ark. (AP) ? Arkansas' state treasurer was accused Monday of taking at least $36,000 in cash ? sometimes stashed in a pie box ? from a broker who later came to manage a large share of the state's $3.3 billion investment portfolio.

Democrat Martha Shoffner, who made her initial court appearance Monday, said she had no plans to resign despite members of her own party joining Republican calls for her to step down. She was released on her own recognizance but ordered to surrender her passport.

Federal prosecutors allege Shoffner accepted $12,000 a year from a broker who would sometimes deliver cash in a pie box, with the pie included. They said the broker is cooperating with investigators.

"The allegations against Ms. Shoffner are serious and they completely erode the public trust that we put in our elected officials, if they prove to be true," U.S. Attorney Chris Thyer said at a news conference.

Outside the courthouse, Shoffner, 68, said she does not intend to resign. She was re-elected in 2010, and has faced inquiries over the past year about the way her office has handled state investments.

She didn't enter a plea Monday, but her attorney, Chuck Banks, said she'd plead not guilty at the appropriate time. A federal grand jury will decide whether to indict Shoffner, who is charged with attempt and conspiracy to commit extortion under color of official right.

The charges carry maximum penalties of 20 years in prison and up to a $250,000 fine. A next court date was not set.

Shoffner was arrested during a sting operation Saturday and spent the weekend in Pulaski County Jail.

"This has been a very, very tough proceeding for her and a tough weekend," Banks said.

An FBI affidavit filed in federal court alleges that a broker ? unidentified in court documents ? would roll up cash in $6,000 increments and have it delivered to Shoffner's office every six months. At least two of the payments were delivered in a pie box with a pie. The broker "recognized his/her bond business with the state grew because of the payments," the affidavit said.

The payments were made after Shoffner asked the broker for $1,000 a month to pay her rent in Little Rock, according to the affidavit. The document said the broker was granted immunity in exchange for his or her cooperation.

Legislative auditors last year questioned Shoffner's selling of bonds before they matured, a practice that they said cost the state more than $434,000 worth of earnings.

The state's top elected officials, including Gov. Mike Beebe, Attorney General Dustin McDaniel and U.S. Sen. Mark Pryor, called for Shoffner to resign.

"I think she should resign immediately," said Beebe, adding that the details provided by prosecutors are so specific that Shoffner has been rendered unable to lead.

"It would be very hard, in my opinion, for that office to properly function under her continued leadership," the Democrat added.

The heads of the Democratic and Republican parties also said Shoffner should step down.

"The incompetence that has been uncovered, the criminal charges that are pending, and the distraction from her office that due process will involve make her unfit to continue in her service as State Treasurer," Arkansas Republican Party Chairman Doyle Webb said.

Banks, Shoffner's attorney, said he "probably" would advise Shoffner to resign, but that the call is ultimately up to her.

"If she cannot properly perform her duties and responsibilities and still protect herself in a crime accusation, then to me it would be something for strong consideration," he told reporters.

Lawmakers could hold impeachment proceedings to remove Shoffner from office if she doesn't resign, but legislative leaders stopped short of saying whether they'd consider it.

Shoffner was arrested at her home in Newport after the broker agreed to record the meeting and bring $6,000 in a pie box, according to the affidavit. FBI agents executed a search warrant and found the cash inside a cigarette package in Shoffner's kitchen.

"Shoffner admitted she knew it was wrong to accept the payments," the affidavit said.

Thyer said he did not know how much the state had invested with the broker, or how much commission the broker made from the bond transactions. Thyer said it wasn't an easy decision for prosecutors to grant immunity to the broker, who he wouldn't name.

"It was a decision made out of necessity more than anything else," the U.S. attorney said. "At the core of this particular conspiracy as alleged in the affidavit there were two people, and if both of those two people remained silent we would not be here today."

The State Securities Department, which regulates brokers, said it would look into who made the payments to Shoffner and whether they were acting alone or on behalf of a firm.

"We're probably going to have to hunt this person down and we're going to do that," Securities Commissioner Heath Abshure said.

The CEO of St. Bernard Financial Services, the firm that legislative auditors said handled the bulk of bond investments by Shoffner's office, said he had not been contacted by the FBI.

Auditors said the office purchased $1.69 billion in bonds from St. Bernard and a related firm between July 2008 and March 2012, almost double the amount purchased from any other broker.

"If my broker is the one involved, I am not aware of it," Robert Keenan wrote in an email to The Associated Press. "At this time I don't believe he was, but anything is possible."

___

Associated Press Writer Chuck Bartels contributed to this report from Little Rock.

___

Follow Andrew DeMillo on Twitter at www.twitter.com/ademillo

Source: http://news.yahoo.com/ark-treasurer-accused-taking-cash-broker-161506271.html

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'Downright chilling' targeting of Fox News reporter

By Andrea Shalal-Esa WASHINGTON (Reuters) - The U.S. Air Force plans to start operational use of Lockheed Martin Corp.-built F-35 fighter jets in mid-2016, a year earlier than planned, using a similar software package as the Marine Corps, two sources familiar with the plans said on Monday. The Air Force's decision to accelerate its introduction with a slightly less capable version of the F-35 software package means the planes will carry fewer weapons at first, although the software will later be upgraded to the final version, said the sources, who were not authorized to speak publicly. ...

Source: http://news.yahoo.com/blogs/ticket/fox-news-govt-spying-reporter-downright-chilling-182908982.html

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Measles surges in UK years after vaccine scare

LONDON (AP) ? More than a decade ago, British parents refused to give measles shots to at least a million children because of a vaccine scare that raised the specter of autism. Now, health officials are scrambling to catch up and stop a growing epidemic of the contagious disease.

This year, the U.K. has had more than 1,200 cases of measles, after a record number of nearly 2,000 cases last year. The country once recorded only several dozen cases every year. It now ranks second in Europe, behind only Romania.

Last month, emergency vaccination clinics were held every weekend in Wales, the epicenter of the outbreak. Immunization drives have also started elsewhere in the country, with officials aiming to reach 1 million children aged 10 to 16.

"This is the legacy of the Wakefield scare," said Dr. David Elliman, spokesman for the Royal College of Paediatrics and Child Health, referring to a paper published in 1998 by Andrew Wakefield and colleagues.

That work suggested a link between autism and the combined childhood vaccine for measles, mumps and rubella, called the MMR. Several large scientific studies failed to find any connection, the theory was rejected by at least a dozen major U.K. medical groups and the paper was eventually retracted by the journal that published it.

Still, MMR immunization rates plummeted across the U.K. as fearful parents abandoned the vaccine ? from rates over 90 percent to 54 percent.

Nearly 15 years later, the rumors about MMR are still having an impact. Now there's "this group of older children who have never been immunized who are a large pool of infections," Elliman said.

The majority of those getting sick in the U.K. ? including a significant number of older children and teens ? had never been vaccinated. Almost 20 of the more than 100 seriously ill children have been hospitalized and 15 have suffered complications including pneumonia and meningitis. One adult with measles has died, though it's unclear if it was the disease that killed him.

The first measles vaccines were introduced in the 1960s, which dramatically cut cases of the rash-causing illness. Since 2001, measles deaths have dropped by about 70 percent worldwide; Cambodia recently marked more than a year without a single case.

Globally, though, measles is still one of the leading causes of death in children under 5 and kills more than 150,000 people every year, mostly in developing countries. Measles is highly contagious and is spread by coughing, sneezing and close personal contact with infected people; symptoms include a fever, cough, and a rash on the face.

Across the U.K., about 90 percent of children under 5 are vaccinated against measles and have received the necessary two doses of the vaccine. But among children now aged 10 to 16, the vaccination rate is slightly below 50 percent in some regions.

To stop measles outbreaks, more than 95 percent of children need to be fully immunized. In some parts of the U.K., the rate is still below 80 percent.

Unlike in the United States, where most states require children to be vaccinated against measles before starting school, no such regulations exist in Britain. Parents are advised to have their children immunized, but Britain's Department of Health said it had no plans to consider introducing mandatory vaccination.

Last year, there were 55 reported cases of measles in the United States, where the measles vaccination rate is above 90 percent. So far this year, there have been 22 cases, including three that were traced to Britain. In previous years, the U.K. has sometimes exported more cases of measles to the U.S. than some countries in Africa.

Portia Ncube, a health worker at an East London clinic, said the struggle to convince parents to get the MMR shot is being helped by the measles epidemic in Wales.

"They see what's happening in Wales, so some of them are now sensible enough to come in and get their children vaccinated," she said.

Clinic patient Ellen Christensen, mother of an infant son, acknowledged she had previously had some "irrational qualms" about the MMR vaccine.

"But after reading more about it, I know now that immunization is not only good for your own child, it's good for everyone," she said.

___

Online:

Public Health England's Measles website:

http://www.hpa.org.uk/Topics/InfectiousDiseases/InfectionsAZ/Measles/

AP Medical Writer Mike Stobbe in New York contributed to this report.

Source: http://news.yahoo.com/measles-surges-uk-years-vaccine-scare-100011003.html

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4 Ways 'Dancing with the Stars' Can Get Its Mojo Back

Are you watching Dancing with the Stars (ABC, Monday and Tuesday, 8 p.m. and 9 p.m. ET) this season? It's possible: Over 13 million people still are. But it's more likely that you've moved on. Since 2006, ABC's sparkle-tastic dance competition has lost over half of its audience. TV industry types shook their heads at last fall's "failed" all-star installation, which averaged only 17 million viewers per episode. But even fewer people -- about 4 million less -- are tuning in for the likes of Kellie Pickler and Jacoby Jones (Zendaya and Aly Raisman round out the final four competing tonight). What's gone wrong? And how can ABC fix it? Here are four suggestions.

Source: http://www.ivillage.com/4-ways-dancing-star-can-improve/1-a-536703?dst=iv%3AiVillage%3A4-ways-dancing-star-can-improve-536703

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Tea party looks to take advantage of moment

DES MOINES, Iowa (AP) ? Is the tea party getting its groove back? Shouts of vindication from around the country suggest the movement's leaders certainly think so.

They say the IRS acknowledgement that it had targeted their groups for extra scrutiny ? a claim that tea party activists had made for years ? is helping pump new energy into the coalition. And they are trying to use that development, along with the ongoing controversy over the Benghazi, Libya, terrorist attacks and the Justice Department's secret seizure of journalists' phone records, to recruit new activists incensed about government overreach.

"This is the defining moment to say 'I told you so,' " said Katrina Pierson, a Dallas-based tea party leader, who traveled to Washington last week as the three political headaches for President Barack Obama unfolded.

Luke Rogonjich, a tea party leader in Phoenix, called the trio of controversies a powerful confluence that bolsters the GOP's case against big government. "Suddenly, there are a lot of things pressing on the dam," said Rogonjich.

It's unclear whether a movement made up of disparate grassroots groups with no central body can take advantage of the moment and leverage it to grow stronger after a sub-par showing in last fall's election had called into question the movement's lasting impact. Republicans and Democrats alike say the tea party runs the risk of going too far in its criticism, which could once again open the door to Democratic efforts to paint it as an extreme arm of the GOP.

"Never underestimate the tea party's ability to overplay its hand," said Democratic strategist Mo Elleithee. "Just because there is universal agreement that the IRS went too far, that should not be misread as acceptance of the tea party's ideology of anger."

At the very least, furor over the IRS in particular is giving the tea party more visibility than it has had in months, and it's providing a new rallying cry for tea party organizers starting to plot how to influence the 2014 congressional elections.

The tax-agency scandal ? it has led to the acting IRS commissioner's ouster, a criminal investigation and Capitol Hill hearings ? seems to validate the tea party's long-held belief among supporters that government was trampling on them specifically, a claim dismissed by ousted commissioner Steven T. Miller. He has called the targeting "a mistake and not an act of partisanship."

Nevertheless, Sen. Marco Rubio, R-Fla., elected in 2010 with tea party backing, said the IRS scandal "confirms many of the feelings that led to the tea party movement in the first place."

"What's happened here is a reminder of, this is what happens when you expand government," he said in an interview with The Associated Press. "That and the disaster that is Obamacare is going to be a real catalyst in 2014 and beyond."

Tea party activists hope they also can drive support ahead of the elections by stoking widespread suspicions that the Obama administration and State Department are hiding key details about the September 2012 attack in Benghazi, Libya, that killed the U.S. ambassador and three other Americans. The seizure of Associated Press phone records also plays into their argument that government is too intrusive.

Tea party activists have tried to take advantage of the issues that have put some of their central tenets ? limited government and civil liberties ? in the spotlight.

From around the country last week, they headed Washington to hold a news conference on the Capitol steps and meet with members of Congress. Those who stayed home jammed House and Senate phone lines with calls urging congressional action as the IRS saga unfolded. An email from Teaparty.org that was sent to activists proclaimed: "We've worked so hard these past few years and it's paying off! We're witnessing the unraveling of a presidency at an unprecedented rate."

Freedomworks, a national tea party group, spent the week circulating petitions for congressional hearings and encouraging leaders of local groups who believe they have been targeted by the IRS to include their story on a national database to build the case against the agency.

"Perhaps all this attention will break something loose," said Jim Chiodo, an activist from Holland, Mich.

It wasn't long ago that the tea party was the hot new political kid on the block, bursting onto the national scene during the contentious summer debate over health care in 2009. Over the next few years, the loosely affiliated conservatives and civil libertarians would leave their mark on the 2010 elections by helping Republican candidates win Senate races in Florida, Kentucky, Utah and Wisconsin and scores of House races.

Those victories resulted in House and Senate Republican caucuses getting pushed to the right in legislative battles, making life difficult for Obama and his Democrats in an era of divided government.

But the movement's success was muted in 2012 when Republicans nominated the establishment-backed Mitt Romney for president, though he did little to inspire the tea party. He lost, and so did many tea party-backed House and Senate candidates.

Now, tea party activists say they are emboldened and won't be afraid to recruit candidates to run in Republican primaries against incumbents who appear to go easy on the Obama administration, particularly in light of the IRS scandal.

"It's one of those issues we should just raise hell about," said Nashville Tea Party leader Ben Cunningham.

Some say they're now even more suspicious of government than before.

"I personally feel so vindicated," said Mark Falzon, a New Jersey tea party leader. But he added: "What's scaring me now is what's going on below the water line that we're not seeing."

Republicans say that the tea party will have an opportunity come 2014 to make its mark again, particularly with Obama not at the top of the ticket. Also, they say that with Obama's health care law going into effect and with the slew of latest controversies, they now have concrete issues to point to when arguing against government overreach.

"Suddenly, this is a very real demonstration of too much power ceded to government bureaucrats," said Matt Kibbe, president of Freedomworks. "This is no longer theoretical."

___

Associated Press writers Steve Peoples in Boston and Bill Barrow in Atlanta contributed to this report.

Follow Thomas Beaumont on Twitter at http://twitter.com/Tom_Beaumont

Source: http://news.yahoo.com/tea-party-looks-advantage-moment-131128674.html

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Wills, Trusts & Estates Prof Blog: Mere Friendship Insufficient ...

? IRS Releases Interest Rates | Main | A New Book On California Community Property ?

May 20, 2013

Mere Friendship Insufficient Ground to Set Aside Beneficiary Designations on Non-Probate Assets

TexasIn In re Estate of Abernethy, 390 S.W.3d 431 (Tex. App.?El Paso 2012, no pet.),? Decedent and Beneficiary were very close personal friends. In addition, Beneficiary was a certified public accountant who prepared tax returns for Decedent. Decedent named Beneficiary as the beneficiary of an IRA and as the party with survivorship rights on various bank accounts. After Decedent died and Beneficiary collected approximately $1.2 million from these accounts, Independent Executor asserted that Decedent and Beneficiary were in a fiduciary relationship and that Beneficiary breached her duties by allowing herself to be named as the beneficiary of these accounts. The trial court rejected Independent Executor?s claim and granted summary judgment in favor of Beneficiary.

The appellate court affirmed. The court began its analysis by recognizing ?[t]here are two types of fiduciary relationships: formal fiduciary relationships that arise as a matter of law, such as attorney-client, partnership, trustee, and principal-agent relationships and informal fiduciary relationships or ?confidential relationships? that may arise from moral, social, domestic, or personal relationships.? Id. at 437. ?The court recognized that whether an informal relationship gives rise to fiduciary duties depends on ?the actualities of the relationship between the persons? and that duties will not be ?lightly created.? Id. at 438. The court also explained that merely ?trusting? someone does not mean that a fiduciary relationship has been created.

The court then examined the evidence. Although the evidence showed that Decedent and Beneficiary had a long-standing close personal relationship, there was no evidence of a fiduciary relationship. The court explained that there was no competent evidence that Decedent was ?accustomed to being guided by the judgment or advice? of Beneficiary. Id. at 438. Accordingly, there were no fiduciary duties that Beneficiary could have breached when she was named as the beneficiary of the IRA and bank accounts.

Moral:??A person attempting to set aside a beneficiary designation needs to present solid evidence of a legitimate reason other than being unhappy with the designation such as breach of a genuine fiduciary duty, undue influence, fraud, or lack of capacity.

May 20, 2013 in New Cases, Non-Probate Assets | Permalink

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Wall Street opens up in rebound from recent drop

NEW YORK (Reuters) - Stocks opened higher on Friday and were on track for their fourth straight week of gains as equities rebounded off their worst daily decline in nearly three weeks.

The Dow Jones industrial average <.dji> was up 40.51 points, or 0.27 percent, at 15,273.73. The Standard & Poor's 500 Index <.spx> was up 5.70 points, or 0.35 percent, at 1,656.17. The Nasdaq Composite Index <.ixic> was up 19.00 points, or 0.55 percent, at 3,484.24.

(Reporting by Ryan Vlastelica; Editing by Chizu Nomiyama)

Source: http://news.yahoo.com/stock-futures-rise-ahead-umich-leading-indicators-data-120747073.html

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The World's Fastest Wi-Fi Puts Your Sluggish Router to Shame

For the most part, we're all happy if we can get Internet that's fast enough to stream some HD video. But faster is always better, and a new, world-record setting network developed in Germany is so blazing fast you wouldn't know what to do with it. It can deliver 10 HD films in a second.

Read more...

    


Source: http://feeds.gawker.com/~r/gizmodo/full/~3/W7EWNBUSl80/the-worlds-fastest-wi-fi-puts-your-sluggish-router-to-508473843

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World-Wide-Web And Companies On Line: Internet Site Promotion ...

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NASA Meteoroid-Spotting Program Captures Brightest-Yet Moon Impact

From a NASA press release published Friday: "For the past 8 years, NASA astronomers have been monitoring the Moon for signs of explosions caused by meteoroids hitting the lunar surface. 'Lunar meteor showers' have turned out to be more common than anyone expected, with hundreds of detectable impacts occurring every year. They've just seen the biggest explosion in the history of the program." Watch the flash for yourself.

Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/cDKsLPFkd9o/story01.htm

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T-Pain Is 'Always Funny,' Andy Samberg Says Of Lonely Island Pal

'SNL' alum tells MTV News there's 'a lot more fake raps' (or 'fraps') on Lonely Island's Wack Album, due in June.
By Jocelyn Vena

Source: http://www.mtv.com/news/articles/1707482/andy-samberg-lonely-island-wack-album.jhtml

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Transparensorcery ? ?House immigration group ... - Legal Insurrection

But we don?t know what?s in it, via AP:

A bipartisan band of House members working on a comprehensive immigration bill has reached an agreement in principle, lawmakers said Thursday, after talks dragged on for months and appeared stalled earlier in the day.

The lawmakers did not provide details as they left a two-hour meeting Thursday evening, but said they would be working to write the measure.

?We have an agreement in principle. We?re now going to work on finishing up the drafting of the bill,? Rep. John Carter, R.-Texas, a member of the group, said Thursday.

Politico further reports:

Carter also said that he vehemently opposes the Senate bill, and declared it dead on arrival in the House.

Someone at the Daily Beast writes:

With the exception of whether immigrants on provisional status would qualify for ObamaCare, the House will be eschewing the piecemeal process.

This is a departure from earlier reports, and leaves me scratching my head a bit. I anticipate a far nastier fight over this bill in the House than in the Senate, and while Harry Reid wants the House to do a comprehensive bill, piecemeal legislation would probably have a better chance at passage.

Obama previously said he was amenable to a tougher House bill (compared to Gang of 8) as long as it included a pathway to citizenship.

I?m with Ted Cruz when it comes to giving citizenship to adults who broke the law to come here:

One of Cruz?s amendment takes direct aim at that bill?s ?path to citizenship? provision, the central point of contention. His change says that no person shall be eligible for citizenship who has been ?willfully? in the U.S. and without legal status.

The criteria for ?willfully? are not defined.

So how big a cave-in have House Republicans made?

Transparensorcery ? ?House immigration group reaches a deal?

4 votes, 5.00 avg. rating (98% score)

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Source: http://legalinsurrection.com/2013/05/transparensorcery-house-immigration-group-reaches-a-deal/

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Chat now: How common is mental illness among Americans?

May 15 (Reuters) - Post positions for the 138th running of the Preakness Stakes, to be run at Pimlico on Saturday (Post Position, Horse, Jockey, Trainer, Odds) 1. Orb, Joel Rosario, Shug McGaughey, even 2. Goldencents, Kevin Krigger, Doug O'Neill, 8-1 3. Titletown Five, Julien Leparoux, D. Wayne Lukas, 30-1 4. Departing, Brian Hernandez, Al Stall, 6-1 5. Mylute, Rosie Napravnik, Tom Amoss, 5-1 6. Oxbow, Gary Stevens, D. Wayne Lukas, 15-1 7. Will Take Charge, Mike Smith, D. Wayne Lukas, 12-1 8. Govenor Charlie, Martin Garcia, Bob Baffert, 12-1 9. ...

Source: http://news.yahoo.com/is-half-of-america-really-mentally-ill-at-some-point--a-yahoo--news-chat-141351442.html

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YouTube live-streaming now available to channels with over 1,000 subscribers

DNP YouTube Live now available to channels with over 1,000 subscribers

Initially, YouTube's live-streaming service was limited to select partners and special events, but that's about to change. Starting today, all channels in good standing with over 1,000 subscribers will be able to sign up for this broadcasting option. When using YouTube Live, account holders can insert ads, display multiple camera angles and add closed captions. Meanwhile, viewers can control a broadcast stream's playback by rewinding and skipping (previously aired content, of course) ahead à la Google Hangouts On Air. To add YouTube Live to your channel, visit your Account Features page and click the "Enable" button in the Live Events section. Google notes that eligible accounts will start gaining access in the coming weeks, which hopefully gives you enough time to save up for a teleprompter.

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Source: YouTube Creators Blog

Source: http://www.engadget.com/2013/05/15/youtube-live-streaming-now-available/?utm_medium=feed&utm_source=Feed_Classic&utm_campaign=Engadget

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Kai The Homeless Hitchhiker Wanted For Murder!! (VIDEOS)

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Kai the homeless hitchhiker a murderer?An internet celebrity known to most of us as “Kai the Hatchet Wielding Hitchhiker” is wanted for murder in the killing of a New Jersey man. The Union County Prosecutor’s Office says police are searching for “Kai” Caleb Lawrence McGillvary, who they believe is responsible for the death of the 73-year-old lawyer. The 24-year-old Internet ...

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Source: http://stupidcelebrities.net/2013/05/kai-the-homeless-hitchhiker-wanted-for-murder-videos/

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Defamation suit reinstated for founder of Boston

FILE - This Nov. 21, 2002 file photo shows Tom Scholz, co-founder of the band Boston, in a recording studio in Waltham, Mass. A defamation lawsuit filed by Scholz against Micki Delp, the ex-wife of the band's late lead singer Brad Delp, was reinstated Tuesday, May 14, 2013, by the Massachusetts Appeals Court. Delp committed suicide in 2007, and Scholz claimed that remarks Micki Delp made to the Boston Herald could be construed as blaming Scholz for his death. (AP Photo/Elise Amendola, file)

FILE - This Nov. 21, 2002 file photo shows Tom Scholz, co-founder of the band Boston, in a recording studio in Waltham, Mass. A defamation lawsuit filed by Scholz against Micki Delp, the ex-wife of the band's late lead singer Brad Delp, was reinstated Tuesday, May 14, 2013, by the Massachusetts Appeals Court. Delp committed suicide in 2007, and Scholz claimed that remarks Micki Delp made to the Boston Herald could be construed as blaming Scholz for his death. (AP Photo/Elise Amendola, file)

(AP) ? A defamation lawsuit filed by the founder of the rock group Boston against the ex-wife of the band's late lead singer was reinstated Tuesday by the Massachusetts Appeals Court.

The lawsuit was filed by Tom Scholz, who founded the band in the 1970s with lead singer Brad Delp.

Delp committed suicide in 2007, and Scholz claimed that remarks Delp's ex-wife Micki Delp made to the Boston Herald could be construed as blaming Scholz for his death.

A Superior Court judge found that the article was susceptible to a defamatory connotation, but he attributed that to the writers rather than Micki Delp's remarks. In its ruling, the Appeals Court disagreed, finding that Scholz has presented "sufficient evidence to demonstrate a genuine issue of material fact whether Micki is responsible for the defamatory connotation" of the article.

In March, a different judge threw out Scholz's separate defamation lawsuit against the Herald.

Boston was best known for its '70s hits "More Than a Feeling" and "Smokin."

The Herald article said Delp was driven to despair after a friend who was a longtime member of Boston was dropped from a summer tour. It also said Micki Delp recounted that Brad was upset over lingering bad feelings from the breakup of the band more than 20 years earlier. Brad Delp continued to work with Scholz and Boston, but also worked with former members of the band who had a bad falling out with Scholz in the early '80s.

Judge John Cratsley threw out Scholz's lawsuit against Micki Delp in August 2011.

He concluded that Scholz had not shown that Delp acted with malice in her comments to the Herald. The judge said it was "pure speculation" whether she spoke to the Herald in an intentional effort to blame Delp's suicide on Scholz.

Cratsley concluded that only one statement in the article could be reasonably construed to show that Micki spoke falsely or with reckless disregard for the truth and found that ill will between the parties was insufficient to show malice.

Judge Judd Carhart wrote for the Appeals Court wrote that a jury should determine whether a plaintiff has met the burden of demonstrating malice.

"From the record before us, we conclude that the judge's determination that Scholz could not prove the element of malice was error; in our view, such a determination should be left to the fact finder," Carhart wrote.

Scholz's attorney, Nick Carter, said Scholz "is pleased the Appeals Court has confirmed the statements attributed to Micki Delp in the Boston Herald are actionable and should be put before a jury."

"He looks forward to that opportunity," Carter said.

Jeffrey Robbins, the Herald's lawyer, said he believes the Appeals Court ruling will not have any impact on a judge's decision in March to throw out Scholz's lawsuit against the Herald.

Micki Delp's lawyer, Michael Day, said he believes Judge Cratsley was correct in dismissing Scholz's claims against Delp.

"Whether it is upon further appellate review, in the Superior Court or through the jury process, the claims will eventually be dismissed in their entirety," Day said.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/4e67281c3f754d0696fbfdee0f3f1469/Article_2013-05-14-Delp-Defamation%20Lawsuit/id-989311b99f5647f09606e7a0fbf8dfb9

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Officials seize AP's phone logs: What are they looking for?

The Associated Press is now in the news as well as covering it: Justice Department officials secretly obtained two months of telephone records from AP reporters and editors.

By Mark Sherman,?Associated Press / May 13, 2013

The screen on the phone console at the reception desk at The Associated Press Washington bureau, Monday, May 13. The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press.

Jon Elswick / AP

Enlarge

The Justice Department secretly obtained two months of telephone records of reporters and editors for The Associated Press in what the news cooperative's top executive called a "massive and unprecedented intrusion" into how news organizations gather the news.

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The records obtained by the Justice Department listed outgoing calls for the work and personal phone numbers of individual reporters, for general AP office numbers in New York, Washington and Hartford, Conn., and for the main number for the AP in the House of Representatives press gallery, according to attorneys for the AP. It was not clear if the records also included incoming calls or the duration of the calls.

In all, the government seized the records for more than 20 separate telephone lines assigned to AP and its journalists in April and May of 2012. The exact number of journalists who used the phone lines during that period is unknown, but more than 100 journalists work in the offices where phone records were targeted, on a wide array of stories about government and other matters.

In a letter of protest sent to Attorney General Eric Holder on Monday, AP President and Chief Executive Officer Gary Pruitt said the government sought and obtained information far beyond anything that could be justified by any specific investigation. He demanded the return of the phone records and destruction of all copies.

"There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the news-gathering activities undertaken by the AP during a two-month period, provide a road map to AP's news-gathering operations and disclose information about AP's activities and operations that the government has no conceivable right to know," Pruitt said.

The government would not say why it sought the records. Officials have previously said in public testimony that the U.S. attorney in Washington is conducting a criminal investigation into who may have provided information contained in a May 7, 2012, AP story about a foiled terror plot. The story disclosed details of a CIA operation in Yemen that stopped an al-Qaida plot in the spring of 2012 to detonate a bomb on an airplane bound for the United States.

In testimony in February, CIA Director John Brennan noted that the FBI had questioned him about whether he was AP's source, which he denied. He called the release of the information to the media about the terror plot an "unauthorized and dangerous disclosure of classified information."

Prosecutors have sought phone records from reporters before, but the seizure of records from such a wide array of AP offices, including general AP switchboards numbers and an office-wide shared fax line, is unusual.

Source: http://rss.csmonitor.com/~r/feeds/csm/~3/1uX_4Xy0YH0/Officials-seize-AP-s-phone-logs-What-are-they-looking-for

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Health care workers sickened by SARS-like virus

NEW YORK (AP) ? Global health officials say a deadly new respiratory virus related to SARS has apparently spread from patients to two health care workers in eastern Saudi Arabia.

They say the virus has likely already spread person-to-person in some circumstances, including between patients in France. But the confirmed spread to health care workers is new.

Since September last year, 40 people have been sickened by the virus. Twenty of them have died, in France, Germany, Saudi Arabia, Jordan, Qatar and the United Kingdom.

The new virus has been compared to SARS, a pneumonia that began to appear in Southeast Asia in late 2002 and erupted into a deadly international outbreak early 2003. Spread of the virus in hospitals was a key development in that outbreak.

Source: http://news.yahoo.com/health-care-workers-sickened-sars-virus-212915169.html

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India, China Could Soon Demand More Oil Than U.S. And Europe

The United States has emerged as the star performer on the global oil scene, according to the latest oil outlook from the International Energy Agency. Oil production from the United States grew at a record pace last year for a non-OPEC nations. Meanwhile, emerging economies have become the big oil buyers.

Source: http://www.npr.org/templates/story/story.php?storyId=183984444&ft=1&f=1007

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Possible new acute leukemia marker, treatment target identified

May 13, 2013 ? A study has identified microRNA-155 as a new independent prognostic marker and treatment target in patients with acute myeloid leukemia that has normal-looking chromosomes under the microscope (that is, cytogenetically normal acute myeloid leukemia, or CN-AML).

The study was led by researchers at the Ohio State University Comprehensive Cancer Center -- Arthur G. James Cancer Hospital and Richard J. Solove Research Institute (OSUCCC -- James). The researchers found that when microRNA-155 (miR-155) is present at abnormally high levels in CN-AML cells, patients are less likely to have a complete remission, and they experience a shorter disease-free period and shorter overall survival. The effect is independent of other known prognostic gene mutations present in the cells.

Published in the Journal of Clinical Oncology with an accompanying editorial and an "Understanding the Pathway" article, the findings suggest that miR-155 plays a pivotal role in CN-AML development, and that it could be a valuable target for the emerging class of drugs designed to inhibit microRNAs, says first author Dr. Guido Marcucci, professor of hematology, a leukemia specialist and associate director for Translational Research at the OSUCCC -- James.

"MiR-155 would be relatively easy to measure at the time of diagnosis," Marcucci says. "We believe it will prove to be a good marker for stratifying patients according to recurrence risk and a good target for emerging compounds designed to inhibit microRNAs."

Principal investigator Dr. Clara D. Bloomfield, Distinguished University Professor and Ohio State University Cancer Scholar and Senior Advisor and William Greenville Pace III Endowed Chair in Cancer Research notes that, "Overall, our findings indicate that miR-155 expression is a strong and independent prognostic marker in CN-AML, and they provide clinical validation of data from preclinical models that support a crucial role of miR-155 in leukemia."

The researchers also note that because a molecule called NF-kB is believed to regulate miR-155, treatments that inhibit that molecule might also help patients with high miR-155 levels.

Cells use microRNA molecules to help regulate the kinds and amount of proteins they make. Abnormal levels of certain microRNAs are likely to play a key role in cancer development. Abnormally high expression of miR-155 is associated with lymphoma, aggressive chronic leukemias and certain solid tumors, and microRNA levels have been associated with patient survival.

For this study, Marcucci, Bloomfield and their colleagues analyzed bone-marrow or blood specimens from 363 CN-AML patients, 153 of whom were under age 60 and 210 were age 60 and over. All were treated on Cancer and Leukemia Group B (CALGB) clinical trials.

The researchers evaluated the association of abnormal miR-155 expression levels with clinical and molecular characteristics and with disease-free survival and overall survival.

The study's key technical findings include:

  • Overall, patients with high miR-155 expression were about 50 percent less likely to achieve complete remission, and to have a 60 percent increase in the risk of death compared to patients with low miR-155 expression.
  • High miR-155 expression was associated with pro-survival, proliferation and inflammatory gene activity, suggesting a pivotal role in leukemia development.
  • In patients under age 60, higher miR-155 expression was associated with a lower complete response rate, and shorter disease-free survival and overall survival; in older patients, higher miR-155 expression was associated only with a lower complete response rate and shorter overall survival.
  • The difference between older and younger patients may be related to differences in the intensity of consolidation therapy administered to younger versus older patients, as well as to biological differences.

Funding from the NIH/National Cancer Institute (grants CA101140, CA114725, CA31946, CA33601, CA16058, CA77658, CA129657 and CA140158), The Coleman Leukemia Research Foundation, the Deutsche Krebshilfe-Dr Mildred Scheel Cancer Foundation, the Pelotonia Fellowship Program and the Conquer Cancer Foundation supported this research.

Other researchers involved in this study were Klaus H. Metzeler, Stefano Volinia, Yue-Zhong Wu, Krzysztof Mr?zek, Susan P. Whitman, Jason H. Mendler, Sebastian Schwind, Heiko Becker, Ann-Kathrin Eisfeld, Ramiro Garzon and Michael A. Caligiuri of The Ohio State University; Kati Maharry, Deedra Nicolet and Jessica Kohlschimdt of Ohio State and of the Alliance for Clinical Trials in Oncology Statistics and Data Center; Andrew J. Carroll of University of Alabama at Birmingham; Bayard L. Powell of Wake Forest University; Jonathan E. Kolitz of Monter Cancer Center; and Richard M. Stone of Dana Farber Cancer Institute.

Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/lnHaUgfJ0lY/130513131509.htm

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