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VOL. CLXII . . No. 55,951

2012 The New York Times

NEW YORK, SATURDAY, NOVEMBER 10, 2012

$2.50

OBAMA TO INSIST ON TAX INCREASE FOR THE WEALTHY


CITES VOICE OF VOTERS
Says Compromise Still Possible in Averting Fiscal Crisis
By HELENE COOPER and JONATHAN WEISMAN

Petraeus Resigns at C.I.A.; F.B.I. Discovered an Affair


Disclosure Raises Questions About Tenure of General as Chief of Spy Agency
By MICHAEL D. SHEAR

WASHINGTON President Obama said Friday that he would insist that tax increases on affluent Americans be part of any agreement to avoid a year-end fiscal crisis, setting up a possible confrontation with Congressional Republicans who say they will oppose a rise in tax rates for the rich. In his first remarks from the White House since his re-election, Mr. Obama made it clear that he believed his victory had validated his relentless campaign call for wealthier Americans to pay more and that he expected Republicans to heed that message. I just want to point out this was a central question during the election, he said in brief remarks in the East Room. It was debated over and over again. And on Tuesday night, we found out that the majority of Americans agree with my approach. Mr. Obama said he had invited Congressional leaders to the White House next week to begin talks as they return for a lameduck session of Congress. He said he was willing to make some concessions as long as the final fiscal bargain was properly balanced between new tax revenue and spending cuts. Im not wedded to every detail of my plan, Mr. Obama said. Im open to compromise. At the same time, he encouraged Congress to quickly pass an extension of the existing lower rates for those making under $250,000 even while the broader negotiations take place. While there may be disagreement in Congress over whether or not to raise taxes on folks making over $250,000 a year, nobody not Republicans, not Democrats want taxes to go up for Continued on Page A12

WASHINGTON David H. Petraeus, the director of the Central Intelligence Agency and one of Americas most decorated four-star generals, resigned on Friday after an F.B.I. investigation uncovered evidence that he had been involved in an extramarital affair. Mr. Petraeus issued a statement acknowledging the affair after President Obama accepted his resignation and it was announced by the C.I.A. The disclosure ended a triumphant reelection week for the president with an unfolding scandal. Government officials said that the F.B.I. began an investigation into a potential criminal matter several months ago that was not focused on Mr. Petraeus. In the course of their inquiry into whether a computer used by Mr. Petraeus had been compromised, agents discovered evidence of the relationship as well as other security concerns. About two weeks ago, F.B.I. agents met with Mr. Petraeus to discuss the investigation. Administration and Congressional officials identified the woman as Paula Broadwell, the co-author of a biography of Mr. Petraeus. Her book, All In: The Education of General David Petraeus, was published this year. Ms. Broadwell could not be

reached for comment. Ms. Broadwell, a graduate of the United States Military Academy at West Point, spent 15 years in the military, according to a biography that had appeared on her Web site. She spent extended periods of time with Mr. Petraeus in Afghanistan, interviewing him for her book, which grew out of a twoyear research project for her doctoral dissertation and which she promoted on a high-profile tour that included an apDavid H. pearance on Petraeus The Daily Show With Jon Stewart. Married with two children, she has described Mr. Petraeus as her mentor. Senior members of Congress were alerted to Mr. Petraeuss impending resignation by intelligence officials about six hours before the C.I.A. announced it. One Congressional official who was briefed on the matter said that Mr. Petraeus had been encouraged to get out in front of the issue and resign, and that he Continued on Page A14

CHANG W. LEE/THE NEW YORK TIMES

Hurricane Sandy threw part of a Boardwalk against Promenade Rehabilitation and Health Care Center in Rockaway Park, Queens. Many relatives are still looking for Promenade patients.

Justices to Revisit Voting Act In View of a Changing South


By ADAM LIPTAK

Nursing Home Is Faulted Over Care After Storm


By MICHAEL POWELL and SHERI FINK

Christian Right Failed to Sway Voters on Issues


By LAURIE GOODSTEIN

Christian conservatives, for more than two decades a pivotal force in American politics, are grappling with Election Day results that repudiated their influence and suggested that the cultural tide especially on gay issues has shifted against them. They are reeling not only from the loss of the presidency, but from what many of them see as a rejection of their agenda. They lost fights against same-sex marriage in all four states where it was on the ballot, and saw antiabortion-rights Senate candidates defeated and two states vote to legalize marijuana for recreational use. It is not as though they did not put up a fight; they went all out as never before: The Rev. Billy Graham dropped any pretense of nonpartisanship and all but endorsed Mitt Romney for president. Roman Catholic bishops denounced President Obamas policies as a threat to life, religious liberty and the traditional nuclear family. Ralph Reeds Faith and Freedom Coalition distributed more voter guides in churches Continued on Page A3

Hurricane Sandy announced itself by tossing a section of Boardwalk against the Promenade nursing home in Rockaway Park, Queens, blowing out its windows and sending waves washing through the first floor. On the sixth floor, Kevin P. Johnson, 58, who has a crippling brain disease, saw his television flicker off. I thought to myself, Thats O.K., the backup generator will kick in, he said. It did not. Promenades generator was on the ground floor, which quickly filled with swirling Atlantic brine at high tide on Oct. 29. As waves slammed against the building for hours, patients remained inside in the dark,

growing steadily more hungry and cold. The kitchen had flooded, and the owners had not stocked enough food, staff members say. Amid the worst hurricane to hit New York City in nearly 80 years, the home, the Promenade Rehabilitation and Health Care Center, failed to provide the most basic care to its patients, according to interviews with five employees, federal, city and hospital officials, and shelter directors. Although nursing home officials say they cannot be blamed for what happened, the State Health Department has opened an investigation into Promenades actions. Cold, thirst, fear: The situation grew so dire that the next evening, as the vestiges of the storm blew across the peninsula,

ambulances arrived, evacuated the nearly 200 patients over several hours and deposited them in emergency shelters in the city. In most cases, no Promenade staff member accompanied the patients, and many patients traveled without their medical records. Both are violations of state regulations. Some family members are still desperately searching for their loved ones, with no help from Promenade, at 140 Beach 114th Street. These patients now live in various emergency shelters or have landed in cots and beds in hospitals and nursing homes across the region. We watched the television: the rain, the fire, it seemed like everything was burning down in Continued on Page A17

WASHINGTON The Supreme Court announced on Friday that it would take a fresh look at the constitutionality of the Voting Rights Act of 1965, one of the signature legacies of the civil rights movement. Three years ago, the court signaled that part of the law may no longer be needed, and the laws challengers said the re-election of the nations first black president is proof that the nation has moved beyond the racial divisions that gave rise to efforts to protect the integrity of elections in the South. The law is stuck in a Jim Crow-era time warp, said Edward P. Blum, director of the Project on Fair Representation, a small legal foundation that helped organize the suit. Civil rights leaders, on the other hand, pointed to the role the

law played in the recent election, with courts relying on it to block voter identification requirements and cutbacks on early voting. In the midst of the recent assault on voter access, the Voting Rights Act is playing a pivotal role beating back discriminatory voting measures, said Debo P. Adegbile, the acting president of the NAACP Legal Defense and Educational Fund. The Supreme Courts ruling on the law, expected by June, could reshape how elections are conducted. The case concerns Section 5 of the law, which requires many state and local governments, mostly in the South, to obtain permission, or preclearance, from the Justice Department or a federal court before making Continued on Page A12

Behind New York Gas Lines, Warnings and Crossed Fingers


This article is by David W. Chen, Winnie Hu and Clifford Krauss. The return of 1970s-era gas lines to the five boroughs of New York City was not the result of a single miscalculation, but a combination of missed opportunities, ignored warnings and a lack of decisiveness by city and state officials that produced a deepening crisis and a sense of frustration. Even before Hurricane Sandy came ashore, city and state officials moved quickly to shut down a sprawling transit system and order mass evacuations. But heading off a potential gas shortage seemed to be a low priority, if one at all, according to government officials, industry experts and gas station owners.
NATIONAL A11-14

When confronted with gas lines that were growing exponentially and reports of fuel terminals in disrepair, city and state officials who huddled with Gov. Andrew M. Cuomo on Sunday were unable to come to a decision to ration gas, as New Jersey had done the previous day. Instead, these officials seemed to cross their fingers that somehow the gas supply would improve and that they would be able to avoid resurrecting unpleasant memories of the 1970s. Mr. Cuomo was said to be especially lukewarm, according to several people who were present at or were briefed on the discussion. Mayor Michael R. Bloomberg, these people also said, talked about odd-even raContinued on Page A19
BUSINESS DAY B1-8

VELI GURGAH/ANADOLU AGENCY, VIA EUROPEAN PRESSPHOTO AGENCY

Syrian Refugees Pour Across Borders


Syrians crossed into Turkey on Friday, among 11,000 fleeing war and hardship that day. Page A7.
SPORTSSATURDAY D1-7 THIS WEEKEND

Health Law Deadline Eased


With many states far behind schedule, the Obama administration extended the deadline for them to submit plans for health insurance exchanges. PAGE A11

Tax Changes at Years End


More than a dozen federal tax cuts are set to expire at the end of the year and a couple of new taxes will begin, affecting nearly 90 percent of taxpayers. PAGE B1

Lakers Fire Their Coach


Mike Brown was dismissed by the Los Angeles Lakers after a 1-4 start with the N.B.A.s most star-studded, though injury-riddled, lineup. PAGE B9
OBITUARIES D8

The Town House, Revisited


New York Citys classic brownstones are being reinvented. In many cases, owners are replacing entire facades with glass, sometimes even with the neighbors blessing.
REAL ESTATE

One-Party Rule in California


INTERNATIONAL A4-10

After the Storm, the Claims


With billions at stake, policyholders need to stay on their toes, Ron Lieber writes in Your Money. PAGE B1
ARTS C1-7

Californias Democrats were poised to gain a two-thirds supermajority in the State Legislature. PAGE A13
NEW YORK A15-19

Lee MacPhail Dies


The former president of the American League, a general manager of the Yankees and Orioles, and a Baseball Hall of Fame member, he was 95. PAGE D8
EDITORIAL, OP-ED A20-21

Baby Boom in the Philippines


A debate on contraception and sex education has pitted lawmakers against the Roman Catholic Church, in a country where hospitals are struggling to keep up with the birth rate. PAGE A10

Few Precautions Underground


Experts say all of Manhattans tunnels lacked storm protection, particularly the Brooklyn-Battery Tunnel. PAGE A15

Opera Noir at the Met


David Aldens take on Verdis Ballo in Maschera embraces its strangeness. A review by Anthony Tommasini. PAGE C1

Joe Nocera

PAGE A21

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A2

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

Inside The Times


INTERNATIONAL NATIONAL BUSINESS
QUOTATION OF THE DAY

Chinas Grip on Economy Will Test New Leaders


For all the talk in recent years about the extent to which China has embraced capitalism, huge sectors of the economy still have not fully done so: those dominated by the countrys 145,000 state-owned enterprises. But it is unclear whether leaders will take action. PAGE A4

Fickle State Picks A Trusty Progressive


The election of Tammy Baldwin as the countrys first openly gay senator this week came only six years after Wisconsin voted down a gay marriage initiative. PAGE A11

Delaware Supreme Court Rebukes Chief Judge


The Delaware Supreme Court issued a stinging rebuke of Judge Leo E. Strine Jr., criticizing him for what it said was an improper digression in an opinion. PAGE B1

I dont know where my mother is. I want to know where my mother is.
LILLIAN DIVIESTI, whose mother, Marie Salatino, 93, was evacuated from a nursing home in Queens during the hurricane. [A17]

Races Still Undecided


Three days after the election, the outcome of several races remains a mystery in Arizona as officials struggle to count a record number of early and provisional ballots.
PAGE A11

HSBC Accounts Examined


British tax authorities said they were looking into a list of HSBC clients with bank accounts in the tax haven of Jersey, a development that adds to the banks legal woes.
PAGE B3

Japan Seeks Tighter Pact


Japans defense minister, Satoshi Morimoto, said that he wanted to revise his nations security alliance with the United States to place more emphasis on the threat from China to islands at the center of a territorial dispute. PAGE A5

ARTS

Another Bush Seeks Office


George P. Bush, a nephew of former President George W. Bush, has filed papers indicating that he intends to run for statewide office in Texas.
PAGE A13

Giving Time Over Money


Offering knowledge and experience by volunteering at a school can be far more satisfying for donors than simply writing a check. Wealth Matters. PAGE B5

Returning to the Scene Of a Memoir of Struggle


Domingo Martinez, the author of The Boy Kings of Texas, which recalls his difficult childhood in Brownsville, visited his hometown for the first time in almost 10 years.
PAGE C1

Outlining Climate Perils


Climate change is accelerating, and it will place unparalleled strains on American military and intelligence agencies in coming years by causing ever more disruptive events around the globe, the nations top scientific research group said in a report.
PAGE A7

NEW YORK

SPORTS

Chasing Post-Storm Looters Through a City in Darkness


In the days following the landfall of Hurricane Sandy, the hunt was on for looters and the police were not the only ones on the lookout. Crime Scene. PAGE A15

Age Is Just a Number For Bears Defense


The Bears defense has been terrorizing offenses, piling up turnovers and scoring touchdowns at a rate a modest offense might find impressive. PAGE D2

OP-ED

Charles M. Blow PAGE A21


Bridge C4 Crossword C4 Obituaries D8 TV Listings C6 Weather C8 Commercial Real Estate Marketplace B6

Blow to Cubas Oil Prospects


Cubas hopes of reviving its economy with an oil boom have produced little more than three dry holes, persuading foreign oil companies to remove the one deepwater rig able to work in Cuban waters. PAGE A10

Finding Light in a Tunnel


In the flooded Brooklyn-Battery Tunnel, engineers are pumping water out through shafts designed to pump air in. PAGE A17

Building a Horse Career


Richard Taylors careful training and attention to the genealogy of harness horses for more 65 years has brought him success. PAGE D4

Corrections
INTERNATIONAL

An article on Tuesday about the hopes of many of Chinas liberals that Wang Chang, the top official of Guangdong Province, might win a spot on the Politburo Standing Committee that runs the country erroneously attributed a distinction to the three fiveyear terms Mr. Wang could serve were he to be elevated to the committee during the current Communist Party congress. Other committee members most of whom were or were slated to become one of Chinas top two leaders have served more than two terms; a third term for Mr. Wang would not be unprecedented.
NATIONAL

scribed incorrectly the candidacy of Gene Jeffress, a Democrat. Mr. Jeffress was seeking a seat in the House of Representatives, he was not retiring from the House. The article also described incorrectly a tax approved by voters. It is a half-cent increase in a sales tax, not a tax on diesel fuel. An article on Thursday about the way in which changes to Californias electoral system affected the states incumbent members of Congress referred incorrectly to Tuesdays contest between the top two finishers in the states open primary system. The race was considered a general election, not a runoff. An article on Thursday about the repeal of a law in Michigan on Tuesday that had given stateappointed officials the authority to make decisions on financially distressed cities misstated the name of a municipality currently overseen by an emergency manager. It is Ecorse, not Escorse.
WEEKEND

Museum of the American Indian in Lower Manhattan scheduled for 1 to 4 p.m. today, is now outdated. The event was canceled Friday and may be rescheduled in the spring. Information on Friday with a film review of Chasing Ice misstated the rating status and running time. The film does in fact have a rating PG-13 and the running time is 1 hour 15 minutes, not 1 hour 16 minutes.
INSIDE THE TIMES

man is Jared L. Loughner, not Loughran. (Ms. Giffordss husband, Mark E. Kelly, told Mr. Loughner during the proceeding: "You tried to create for all of us a world as dark and evil as your own. But remember it always: You failed.")
MAGAZINE

The One-Page Magazine feature on Page 15 this weekend carries the incorrect date of Oct. 11.
OBITUARIES

An article on Tuesday about the pretrial hearings in the United States Armys case against Staff Sgt. Robert Bales, who is accused of murdering 16 civilians this year in Afghanistan, misstated his rank. He is a noncommissioned officer, not an officer. (The error also appeared on Thursday in a headline about conflicting views of Sergeant Bales.) A report in the State by State roundup on Thursday about election results in Arkansas de-

The attribution for the Quotation of the Day on Friday, taken from an article about the sentencing of the gunman who went on a shooting rampage in Arizona last year, killing six people and severely wounding 13 others, including former Representative Gabrielle Giffords, misstated the surname of the gunman. As the article correctly noted, the gunErrors and Comments: nytnews@nytimes.com or call 1-888-NYT-NEWS (1-888-698-6397). Editorials: letters@nytimes.com or fax (212) 556-3622. Public Editor: Readers dissatisfied

An obituary on Thursday about the former New York Times wine columnist Frank J. Prial misidentified the city where he died and omitted the names of two survivors. Mr. Prial died in West Orange, N.J., not East Orange. And besides his wife, three sons and seven grandchildren, he is survived by his sister, Patricia Prial, and his brother, Donald. with a response or concerned about the papers journalistic integrity can reach the public editor, Margaret Sullivan, at public@nytimes.com. Newspaper Delivery: customercare@nytimes.com or call 1-800-NYTIMES (1-800-698-4637).

An entry in the Spare Times for Children listings in some editions on Friday about the Big Draw, an arts event for families at the Smithsonians National

THE NEW YORK TIMES 620 Eighth Avenue, New York, N.Y. 10018-1405 The New York Times (ISSN 0362-4331) is published daily. Periodicals postage paid at New York, N.Y., and at additional mailing offices. Postmaster: Send address changes to The New York Times, P.O. Box 8042, Davenport, IA, 52808-8042. Mail Subscription Rates* 1 Yr. Weekdays and Sundays................$858.00 Weekdays......................................... 492.96 Sundays ............................................ 426.40 6 Mos. $429.00 246.48 213.20 Times Book Review................................... 1 Yr. Large Print Weekly.................................... 1 Yr. $91.00 85.80 do not wish to receive such mailings, please notify Customer Service, P.O. Box 8042, Davenport, IA, 52808-8042, or e-mail 1-800@nytimes.com. All advertising published in The New York Times is subject to the applicable rate card, available from the advertising department. The Times reserves the right not to accept an advertisers order. Only publication of an advertisement shall constitute final acceptance. The Associated Press is entitled exclusively to the use for republication of all news dispatches credited to it or not otherwise credited in this paper and local news of spontaneous origin published herein. Rights for republication of all other matter herein are also reserved. You can get additional information from The New York Times on your mobile phone by sending a text message to 698698 (NYTNYT). This is a complimentary service from The Times. Your mobile carrier may charge standard messaging and data rates. Additional information on these services is available at http://nytimes.com/sms.

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THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

A3

Politicians Who Reject Labels Based on Religion


Yes, a victory for Mitt Romney on Tuesday would have been the ultimate sign that Americans accept Mormons that a tradition until recently considered a cult throughout the evangelical world, unable to shake its association MARK with long-discardOPPENHEIMER ed polygamous ways, has come to seem pretty normal. But the truth is that in Washington, anyway, it has been a long time since Mormons lacked clout. The Senate majority leader, Harry Reid of Nevada, is a Mormon; there have been Mormon members of the cabinet; and there are 15 Mormons in Congress. A President Romney would have been the cherry on top, but Mormons already have plenty of ice cream. For the real underdog story in the elections this year, you have to look further out on the margins of popular respectability. Consider the half-Hindu yoga practitioner just elected to Congress from Hawaii. Or the new Buddhist senator. Or the two religiously unaffiliated women headed for the House and the Senate. These politicians constitute an unusual mini-caucus, whose members are unusual not for their religion, precisely, but for the fluid and abstract terms they use to talk about it when they choose to talk about it, that is. Mormon or Orthodox Jewish politicians have succeeded before, but as the price of admission they have been forced to explain their faith. This new bunch is just say-

BELIEFS

ing, so to speak, Dont worry about it. Tulsi Gabbard, a Democrat and an Iraq war veteran who won a seat in the House from Hawaii, is the daughter of a Hindu mother and a Roman Catholic father. She calls herself Hindu, a first for a member of Congress. But it is not quite that simple. I identify as a Hindu, Ms. Gabbard wrote in an e-mail on Thursday. However, I am much more into spirituality than I am religious labels. In that sense, she added, I

A half-Hindu, a nonpracticing Buddhist and the unaffiliated.


am a Hindu in the mold of the most famous Hindu, Mahatma Gandhi, who is my hero and role model. Ms. Gabbard wrote that she was raised in a multicultural, multirace, multifaith family that allowed her to spend a lot of time studying and contemplating upon both the Bhagavad-Gita and the teachings of Jesus Christ in the New Testament. Today, her spiritual practice is neither Catholic nor traditionally Hindu. My attempts to work for the welfare of others and the planet is the core of my spiritual practice, Ms. Gabbard wrote. Also, every morning I take time to remember my relationship with

mark.e.oppenheimer @gmail.com; twitter/markopp1

God through the practice of yoga meditation and reading verses from the Bhagavad-Gita. From the perspective of the BhagavadGita, the spiritual path as I have described here is known as karma yoga and bhakti yoga. Ms. Gabbard won the Congressional seat of Mazie Hirono, who just became the first AsianAmerican woman elected to the Senate. Ms. Hirono is a nonpracticing Buddhist who considers religion a personal matter, a spokeswoman said. She is thus the first Buddhist(sort of )in the United States Senate. Representative Tammy Baldwin of Wisconsin, just elected to the Senate, also does not discuss her religiosity.John Kraus, a spokesman for Ms. Baldwin, said that while she was baptized Episcopalian, that term no longer describes her religiosity. She prefers unaffiliated, he said. The atheist and secularist movements are excited by the possible election of Kyrsten Sinema as a Democratic congresswoman from Arizona. (Votes are still being counted, but she is ahead.) Although raised a Mormon, Ms. Sinema is often described as a nontheist and that suits the activists just fine. A blogger for the Secular Coalition for America wrote Thursday that while he was still dispirited by the loss of Representative Pete Stark of California, an open nonbeliever, he was emboldened by the apparent victory of Ms. Sinema, an open nontheist. Her nonbelief, the blogger, Chris Lombardi, wrote, was not used to slander her as un-American or suggest that she was unfit for office. But a campaign spokesman re-

jected any simple category for Ms. Sinema. Kyrsten believes the terms nontheist, atheist or nonbeliever are not befitting of her lifes work or personal character, the spokesman, Justin Unga, said Thursday in an e-mail. Though Sinema was raised in a religious household, she draws her policymaking decisions from her experience as a social worker who worked with diverse communities and as a lawmaker who represented hundreds of thousands. Furthermore, Ms. Sinema is a student of all cultures in her community, Mr. Unga said, and she believes that a secular approach is the best way to achieve this in good government. In rejecting not only religious labels but irreligious labels, too, these politicians resemble the growing portion of Americans who feel that no particular tradition, or anti-tradition, captures how they feel about God, or the universe, or what the theologian Paul Tillich called ultimate concern. It is not just that they are unaffiliated many people unaffiliated with a particular church, for example, still call themselves Christians. It is that when these politicians are asked to talk about their religion, familiar language fails them. Or maybe the language does not fail them; maybe we fail them by asking. No religious test, Article VI of the Constitution reads, shall ever be required as a qualification to any office or public trust under the United States. So let us now praise Hindu women and Muslim men, but let us also praise those who do not know how to answer. And those who just refuse to.

Christian Right Failed to Sway Voters on the Issues


From Page A1 and contacted more homes by mail and phone than ever before. Millions of American evangelicals are absolutely shocked by not just the presidential election, but by the entire avalanche of results that came in, R. Albert Mohler Jr., president of the Southern Baptist Theological Seminary, in Louisville, Ky., said in an interview. Its not that our message we think abortion is wrong, we think same-sex marriage is wrong didnt get out. It did get out. Its that the entire moral landscape has changed, he said. An increasingly secularized America understands our positions, and has rejected them. Conservative Christian leaders said that they would intensify their efforts to make their case, but were just beginning to discuss how to proceed. Were not going away, we just need to recalibrate, said Bob Vander Plaats, president and chief executive of The Family Leader, an evangelical organization in Iowa. The election results are just one indication of larger trends in American religion that Christian conservatives are still digesting, political analysts say. Americans who have no religious affiliation pollsters call them the nones are now about one-fifth of the population over all, according to a study released last month by the Pew Forum on Religion and Public Life. The younger generation is even less religious: about onethird of Americans ages 18 to 22 say they are either atheists, agnostics or nothing in particular. Americans who are secular are far more likely to vote for liberal candidates and for same-sex marriage. Seventy percent of those who said they had no religion voted for Mr. Obama, according to exit polls conducted by Edison Research. This election signaled the last where a white Christian strategy is workable, said Robert P. Jones, chief executive of the Public Religion Research Institute, a nonprofit, nonpartisan research and education organization based in Washington. Barack Obamas coalition was less than 4 in 10 white Christian, Dr. Jones said. He made up for that with not only overwhelming support from the African-American and Latino community, but also with the support of the religiously unaffiliated. In interviews, conservative Christian leaders pointed to other factors that may have blunted their impact in this election: they were outspent by gay rights advocates in the states where marriage was on the ballot; comments on rape by the Senate candidates Todd Akin in Missouri and Richard E. Mourdock in Indiana were ridiculed nationwide and alienated women; and they never trusted Mr. Romney as a reliably conservative voice on social issues. However, they acknowledge that they are losing ground. The evangelical share of the population is both declining and graying, studies show. Large churches like the Southern Baptist Convention and the Assemblies of God, which have provided an organizing base for the Chriscording to exit polls by Edison Research. We did our job, said Mr. Reed, who helped pioneer religious voter mobilization with the Christian Coalition in the 1980s and 90s, and is now founder and chairman of the Faith and Freedom Coalition. He said that his organization outdid itself this year, putting out 30 million voter guides in 117,000 churches, 24 million mailings to voters in battleground states and 26 million phone calls. Those voters turned out, and they voted overwhelmingly against Obama, Mr. Reed said. But you cant be driving in the front of the boat and leaking in the back of the boat, and win the election. You cant just overperform among voters of faith, he continued. Theres got to be a strategy for younger voters, unmarried voters, women voters especially single women and minorities. The Christian right should have a natural inroad with Hispanics. The vast majority of Hispanics are evangelical or Catholic, and many of those are religious conservatives opposed to same-sex marriage and abortion. And yet, the pressing issue of immigration trumped religion, and Mr. Obama won the Hispanic vote by 44 percentage points. Latino Protestants were almost as inclined to vote for Mr. Obama as their Catholic brethren were, said Dr. Guth, at Furman, and thats certainly a big change, and going the wrong direction as far as Republicans are concerned. The election outcome was also sobering news for Catholic bishops, who this year spoke out on politics more forcefully and more explicitly than ever before, some experts said. The bishops and Catholic conservative groups helped lead the fight against same-sex marriage in the four states where that issue was on the ballot. Nationwide, they undertook a campaign that accused Mr. Obama of undermining religious liberty, redoubling their efforts when a provision in the health care overhaul required most employers to provide coverage for contraception. Despite this, Mr. Obama retained the Catholic vote, 50 to 48 percent, according to exit polls, although his support slipped from four years ago. Also, solid majorities of Catholics supported same-sex marriage, said Dr. Jones, the pollster. Bishop Jaime Soto of Sacramento, who serves on the bishops domestic policy committee, said that the bishops spoke out on many issues, including immigration and poverty, but got news media attention only when they talked about abortion, same-sex marriage and religious liberty. Voters who identify as Catholic but do not attend Mass on Sunday may not have been listening, he said, but Catholics who attend Mass probably weigh what the church has to say. I think good Catholics can be found across the political spectrum, Bishop Soto said, but I do think they wrestle with what the church teaches.

WIN M cNAMEE/GETTY IMAGES

Those voters turned out, and they voted overwhelmingly against Obama, Ralph Reed said of evangelical Christians.

STEVE HEBERT FOR THE NEW YORK TIMES

Were not going away, we just need to recalibrate, said Bob Vander Plaats, president of the Iowa-based Family Leader.

SOUTHERN BAPTIST THEOLOGICAL SEMINARY, VIA ASSOCIATED PRESS

The entire moral landscape has changed, said R. Albert Mohler Jr., president of the Southern Baptist Theological Seminary.
tian right, are losing members. In the long run, this means that the Republican constituency is going to be shrinking on the religious end as well as the ethnic end, said James L. Guth, a professor of political science at Furman University in Greenville, S.C. Meanwhile, religious liberals are gradually becoming more visible. Liberal clergy members spoke out in support of same-sex marriage, and one group ran ads praising Mr. Obamas health care plan for insuring the poor and the sick. In a development that highlighted the diversity within the Catholic Church, the Nuns on the Bus drove through the Midwest warning that the budget proposed by Representative Paul D. Ryan, the Republican vicepresidential nominee, would cut the social safety net. For the Christian right in this election, fervor and turnout were not the problem, many organizers said in interviews. White evangelicals made up 26 percent of the electorate 3 percent more than in 2004, when they helped to propel President George W. Bush to re-election. During the Republican primaries, some commentators said that Mr. Romneys Mormon faith would drive away evangelicals, many of whom consider his church a heretical cult. And yet, in the end, evangelicals voted overwhelmingly for Mr. Romney even matching the presidential vote of Mormons: 78 percent for Mr. Romney and 21 percent for Mr. Obama, ac-

Remember the Neediest!

A4

SATURDAY, NOVEMBER 10, 2012

Chinas Grip On Economy Will Test New Leaders


Limiting States Role Is a Sharp Challenge
By KEITH BRADSHER

BEIJING Wealthy Chinese carry up to three smartphones, one for each of the state-owned service providers, in the hope that at least one will have enough network capacity to provide reliable e-mail service. Most Chinese factories have heavily polluting diesel generators to cope with blackouts of up to three days a week, because state-owned elecCHANGING OF THE GUARD A Government-Owned Empire

PHOTOGRAPHS BY TARA TODRAS-WHITEHILL FOR THE NEW YORK TIMES

Thousands of ultraconservative Salafis protested in Tahrir Square in Cairo on Friday, angry that the draft constitution did not go far enough to enshrine Islamic law.

A Vague Role for Religion in Egyptian Draft Constitution


By DAVID D. KIRKPATRICK

CAIRO After months of fierce debate over the place of Islam in government, the assembly drafting a new constitution for Egypt has settled on a compromise that opens the door to more religion in governance but mainly guarantees that the issue will continue to roil politics, the Parliament and the courts for many years to come. The compromise would insert religion more deeply into the legislative and judicial process by elaborating new guidelines to interpret the principles of Islamic law that the old Constitution had recognized, at least nominally, as the main source of Egyptian legislation. But the new constitution would also leave the final authority to apply those principles with the elected Parliament and civil courts, making the long-term consequences hard to foresee. Little is expected to change under the current courts and Parliament dominated by Islamists who mostly favor a relatively flexible or gradual approach to adopting Islamic law but the potential long-term consequences are already a subject of impassioned debate. If literal-minded ultraconservatives known as Salafis and who currently hold about a quarter of the seats in Parliament gain more influence in the legislature and eventually the courts, they could someday use the provisions to try to impose a strict interpretation of Islamic law. If Islamists gain more power across the Parliament, courts and religious institutions, I would see a real possibility for evolutionary change, said Nathan J. Brown, an expert on Egyptian law at George Washington University. But by keeping power in the hands of elected officials and civil courts, the agreement should also dispel, for now, the fears here and in the West that Egypt might follow the path of Irans 1979 revolution toward a theocMayy El Sheikh contributed reporting.

racy where religious leaders have the final say on all matters of state. And liberal delegates who signed onto the deal noted that the guidelines were broad enough to leave substantial room for debate over just what Islamic law should require in the context

The power to interpret and apply Shariah is given to Parliament and the courts.
of modern Egypt. The more interpretation, the better off we are, said Manar elShorbagy, a political scientist at the American University in Cairo and a liberal delegate who signed the deal. You are no longer putting everything under one interpretation the Salafis or whoever else.

As the largest Arab state and the original home of the international Muslim Brotherhood, Egypt has become a bellwether for Islamist political movements around the region after the Arab Spring. In Tunisia, the site of the first uprising, the dominant Islamist party has already agreed on a more liberal compromise, retaining a clause in its Constitution declaring that Islam is the state religion but omitting any reference to Islamic law. Although many Muslim-majority countries acknowledge Islam in their charters, Egypt would become the first Arab state to seek to meld democracy with the principles of Islamic law, or Shariah. The full terms of the deal have not been released, but several liberals and Islamists involved in the negotiations described its details. Delegates on both sides called the deal a victory. Younis Makhyoun, a Salafi leader in the constitutional assembly who signed the deal, argued that it would prevent random people from coming up with new schools

of thought and claiming theyre part of Shariah. Echoing the liberals fears, Mr. Makhyoun suggested that someday the provisions might even be used for strict enforcement of puritanical Islamic moral codes, including stoning adulterers or cutting off the hands of thieves. But outside the assembly, many on both sides denounced the deal as a sellout. On Friday, thousands of Salafis filled Tahrir Square to protest that the drafts did not go far enough. While liberals in the assembly argued that they had beaten back Salafi proposals for a council of religious scholars that could strike down legislation, many activists outside were angry that the constitution appeared for the first time to take Shariah so seriously. The road to Afghanistan, said Malek Adly, a liberal activist. The old Constitution had recognized the principles of Islamic law after a 1980 revision, although its texts hardly mattered under the old secular autocracy. The ouster of Hosni Mubarak

People prayed in Tahrir Square before the protest. Some liberals were also angry with the draft.

last year set off a clamor for Islamic law but also a debate over what it should mean, with new Islamist parties ranging from ultraconservative to avowedly liberal. The Muslim Brotherhood, which has dominated the elections since the uprising, argues that Shariah only polishes morals, through persuasion and education, with no coercion whatsoever as the groups supreme guide, Mohamed Badie, said last week in a statement supporting the deal. Shariah totally rejects the concept of a theocracy. Straining to present some semblance of consensus, Brotherhood leaders helped bring together representatives of the liberal and Salafi camps, along with officials from Egypts Coptic Church, for at least three six-hour negotiating sessions before they signed the compromise. The agreement stipulates that in personal matters Christians and Jews are free to follow their own religious teachings. And it provides that on questions related to Islamic law, the Parliament or the courts can seek the nonbinding advice of scholars at Al Azhar, the center of Sunni Muslim scholarship set to become independent of state control. In the end, scholars said, the real impact of the new provision defining principles of Shariah according to established Sunni Muslim thought would be to move the battle over the application of Islamic law further into the terrain of religious scholarship. Conservatives feel more comfortable there, said Clark Lombardi, a professor at the University of Washington Law School who studies the role of Islamic law in the legal systems. But liberal Islamists in Egypt and elsewhere are also becoming increasingly effective at building their own cases on the basis of Shariah for womens rights or other causes. The battle between liberals and conservatives, Mr. Lombardi said, is just going to reappear.

tricity companies have not added capacity fast enough to meet demand. Meanwhile, Chinese investors have poured more than $1 trillion in the past several years into loosely regulated trusts to bypass ultralow deposit rates offered by state-owned banks. The banks cannot readily afford to pay more because they need fat margins to cover losses on loans to politically connected borrowers. For all the talk in recent years about the extent to which China has embraced capitalism, huge sectors of the economy still have not fully done so: those dominated by the countrys 145,000 stateowned enterprises. With Chinas top officials in Beijing for the 18th Party Congress, which is intended to put a

State-owned companies may threaten growth, but political ties bind.


seal of approval on the countrys next generation of leaders, one of the toughest issues on the agenda is how to overhaul this sprawling empire. Many Chinese economists argue that the biggest conglomerates, especially banks and the leading oil and telecommunications companies, have grown so large that they swallow a large part of bank lending, crowd out more creative small companies and line the pockets of the politically well connected. The state sector ultimately threatens to choke the countrys economic growth and even damage its political stability, they say. Almost no one has much good to say about state-owned enterprises these days not even the people who run them. Wang Yong, the director of the StateOwned Assets Supervision and Administration Commission, which manages the enterprises belonging to the central government, chastised them publicly in a report to Chinas legislature on Oct. 24. More efforts will be made to reform the power, telecommunications, oil and petrochemical industries, Mr. Wang said. Market entry into these sectors will be expanded based on the development of these industries. But whether those efforts will amount to more than window dressing depends on the willingContinued on Page A8

Life in Prison Suite Doesnt Agree With a Mass Killer


By SCOTT SAYARE

Anders Behring Breivik would like butter, a new pen, more comfortable handcuffs and a view. Mr. Breivik, the Norwegian extremist convicted of the coldly premeditated murders of 77 people in 2011, is serving a 21-year sentence in a maximum-security prison outside Oslo. He is not satisfied with the accommodations, though: his three-cell suite with a television and exercise equipment, lodgings commensurate with Norways typically humane treatment of its convicts. Addressing penal officials in a 27-page letter obtained by the Norwegian newspaper Verdens Gang and confirmed by his lawyer, Mr. Breivik bemoaned the 800 strip searches he has undergone, for instance. Not one of them has shown him to be hold-

ing an object between the buttocks, he noted. He would enjoy more social interaction, according to the letter, which says he is alone with his thoughts for 23 hours and 55 minutes on a typical day and speaks only with his guards. Such treatment isnt human, said a lawyer for Mr. Breivik, Tord Jordet, according to Agence France-Presse. Mr. Breivik is denied a computer or Internet access to prevent him from spreading his ideology of racial hatred, officials have said. He expressed many other concerns in his letter, many of them prosaic. He must be supervised while shaving and brushing his teeth, he complained, and because of the mental strain this causes he is forced to limit those activities to once a week. Nor is

he permitted to keep hydrating skin cream in his quarters, which are drab and without a view, he wrote. Switches for his lights and television are outside his suite of cells, obliging him to summon guards to turn them on and off. Mr. Breivik dislikes handcuffs, too, because the steel edges cut into his wrists, and he dreads putting them on for each trip outside his cell, Verdens Gang reported. Without a thermos, his coffee frequently goes cold, according to news media reports. Furthermore, he wrote, his phone calls and mail are unfairly censored. His freedom of speech is being violated, Mr. Jordet said. Only correspondence from New Testament Christians and other people who do not like me has reached him in recent months, Mr. Breivik wrote.

Letters aside, Mr. Breivik would like to pursue his literary ambitions while in prison, he said, but those aspirations are being thwarted by the stab-resistant safety pen he has been provided, a nightmare of a tool that causes his hand to cramp. The pen is an almost indescribable manifestation of sadism, he wrote, though presumably it did not prevent him from composing his lengthy letter of complaint. A prison spokeswoman said Mr. Breivik was given an electric typewriter on Friday. It was not given in response to Mr. Breiviks letter, the spokeswoman said, according to The Associated Press. I highly doubt that there are worse detention facilities in Norway, Mr. Breivik wrote. Mr. Breiviks 21-year sentence is the countrys maximum, and he is considered the most hei-

POOL PHOTO BY HEIKO JUNGE

Anders Behring Breivik, who killed 77 people in Norway, complained that his prison-issued pen caused his hand to cramp.
nous offender in modern Scandinavian history. Mr. Breivik confessed to setting off bombs in downtown Oslo in July 2011 before shooting dozens of people at a summer youth camp run by the Labor Party. He said the killings were intended to protect Norway from Muslims and multiculturalism.

THE NEW YORK TIMES INTERNATIONAL SATURDAY, NOVEMBER 10, 2012

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Defense Minister Confirms Iran Fired on U.S. Drone


By THOMAS ERDBRINK and RICK GLADSTONE

TEHRAN Irans defense minister on Friday confirmed that Iranian warplanes had fired shots at an American drone last week, but said that they had taken the action after the unmanned aircraft had entered Iranian airspace. The assertions by the defense minister, Brig. Gen. Ahmad Vahidi, were the first acknowledgment from Iran that the episode had occurred. He spoke less than 24 hours after the Pentagon first disclosed the shooting, involving two Iranian jet fighters and the American aircraft, a Predator surveillance drone, during what American officials described as a routine surveillance mission on Nov. 1 in international airspace over the Persian Gulf. It was the first time that Iranian aircraft had been known to fire at an American drone, one of the many ways that the United States has sought to monitor developments in Iran over more than three decades of estrangement between the two countries. The United States said it had protested the shooting via the American interests section at the Swiss Embassy in Tehran, and had warned the Iranians that the drone flights would continue. Political risk analysts noted that the firing had taken place days before it was clear whether the American elections would be won by President Obama or his Republican challenger, Mitt Romney, who was far more hawkish than Mr. Obama in his public criticism of Iran during the campaign. Some said the episode may have been meant by the Ira-

Asserting that the craft violated Iranian airspace.


nians as warning message regardless of the outcome of the election. The early November incident was probably an attempt by Iran to intimidate the next U.S. administration and gain leverage in future diplomacy, said Cliff Kupchan, an Iran specialist at the Eurasia Group, a consulting firm in Washington. American officials said the Predator had been flying 16 nautical miles off the Iranian coast. General Vahidi asserted the episode took place in Iranian airspace but did not specify where. General Vahidis version of events also differed with the Pentagons in another way: He said the two Iranian planes, which the Pentagon had identified as Russian-made Su-25 jets known as Frogfoots, belonged to the Iranian Air Force. The Americans had said the planes were under the command of the Islamic Revolutionary Guards Corps, which has a history of more aggressive behavior than the conventional air force and navy. In one of Irans most brazen confrontations with the West, in March 2007, Revolutionary Guards seamen seized 15 British sailors and marines in disputed waters in the Persian Gulf and held them captive for nearly two Thomas Erdbrink reported from Tehran, and Rick Gladstone from New York.

weeks before President Mahmoud Ahmadinejad had them released, in what he called a magnanimous gesture of Iranian compassion. General Vahidi, whose account of the drone episode was reported by the Iranian Labor News Agency and other media outlets, said that last week an unidentified plane had entered Iranian airspace over its territory in the Persian Gulf. He said the intruder had been forced to escape, after action by Irans Air Force. It is unclear why Iranian officials had kept the episode a secret. It also is unclear, from the Iranian account, whether the warplanes had sought to down the drone and missed, or had fired warning shots. A lawmaker, Mohammad Saleh Jokar, a member of the National Security and Foreign Policy Committee of Irans Parliament, also said the American aircraft had trespassed. Early last week, a U.S. drone which had violated Irans airspace received a decisive response by the armed forces that were stationed in the region, he said in a Friday interview with the Young Journalist Club, a semiofficial Iranian news agency. He said the drone had entered our countrys airspace with an aim to gather information because there is no other justification. The Predators sensor technology is so sophisticated that it could have monitored activities in Iran from the distance cited by the Pentagon officials. The Iranian firing on the aircraft had been completely legal, Mr. Jokar said. Any violation against Irans airspace, territorial waters and land will receive a strong response by the Islamic republic of Iran, he said. Two commanders also gave interviews on Friday emphasizing Irans right to defend itself. Defenders of the Islamic republic of Iran will give a decisive response to any air, land and naval attacks, the deputy commander of Irans armed forces, Massoud Jazayeri, told the Fars News Agency, which is headed by a former officer of the Revolutionary Guards. If any foreign flying objects enter our countrys airspace, the armed forces will confront them, he said. Another officer, the commander of the Khatam al-Anbiya Air Defense Base, told the state Islamic Republic News Agency that his forces were able to counter all threats. A possible confrontation in the Persian Gulf could present new obstacles in efforts to make progress on resolving the dispute over Irans nuclear program, the most intractable issue in Irans difficult relations with the West. But in what appeared to be a sign of possible progress, the International Atomic Energy Agency announced Friday that it was resuming negotiations with Iran regarding inspector access to sensitive Iranian sites, aimed at resolving questions about whether Iran had engaged in nuclear weapons development work. The agency said in an announcement that it was sending negotiators to Tehran on Dec. 13, the first such meeting since August. An agency spokeswoman, Gill Tudor, said in an e-mail to news agencies that the purpose of the talks was to conclude the structured approach to resolving outstanding issues related to Irans nuclear program.

AGENCE FRANCE-PRESSE GETTY IMAGES

A Fight Over Land Leaves South Africans Without Homes


The police rolled through the South African town of Lenasia on Friday, demolishing 37 houses the government said were built on fraudulently sold land. Local housing officials said the land was intended for government residences, not privately owned homes.

Malaria Vaccine Candidate Gives Disappointing Results


By DONALD G. McNEIL Jr.

The latest clinical trial of the worlds leading malaria vaccine candidate produced disappointing results on Friday. The infants it was given to had only about a third fewer infections than a control group. But researchers said they wanted to press on, assuming they keep getting financial support, because the number of children who die of malaria is so great that even an inefficient vaccine can save thousands of lives. Three shots of the vaccine, known as RTS, S or Mosquirix and produced by GlaxoSmithKline, gave babies fewer than 12 weeks old 31 percent protection against detectable malaria and 37 percent protection against severe malaria, according to an announcement by the company at a vaccines conference in Cape Town. Last year, in a trial in children up to 17 months old, the same vaccine gave 55 percent protection against detectable malaria and 47 percent against severe malaria. The new trial is less than wed hoped for, Moncef Slaoui, chairman of research and development at Glaxo, said in a telephone interview. But if a million babies were vaccinated, we would prevent 260,000 cases of malaria a year. This is a disease that kills 655,000 babies a year 31 percent of that is a very large number. The company, which has already spent more than $300 million on the vaccine, wants to keep forging ahead, Mr. Slaoui said, but it is not just our decision. It also depends on the PATH Malaria Vaccine Initiative, which has put more than $200 million of its Bill and Melinda Gates Foundation financing into the vaccine, and on the World Health Organization, which has helped talk seven African countries into allowing the vaccine to be tested on

Researchers say theyll press on, because even an inefficient vaccine can save thousands.
their children. The Gates Foundation declined to say how much money it was ultimately prepared to spend on an imperfect vaccine; this set of trials is set to go into 2014. The efficacy came back lower than we had hoped, but developing a vaccine against a parasite is a very hard thing to do, Bill Gates said in a prepared statement. The trial is continuing, and we look forward to getting more data to help determine whether and how to deploy this vaccine. All the families in the trial were

given insecticide-treated mosquito nets and encouraged to use them; 86 percent did, so the vaccines results were achieved on top of other anti-malaria measures. RTS, S contains a protein found on the parasites surface that provokes an immune reaction. It was first identified decades ago by two New York University scientists, Ruth and Victor Nussenzweig. The vaccine was developed by Glaxo in Belgium and initially tested on American volunteers by the Walter Reed Army Institute of Research. When the Gates Foundation began focusing on global health in the early part of this century, it was one of the first projects the foundation adopted. Different ways to make the vaccine more effective, including adding different boosters and giving more shots, are being experimented with. Other vaccines using differ-

ent ways to provoke an immune reaction exist, but none are as far along in clinical trials. Like an H.I.V. vaccine, one against malaria has proved an elusive goal. The parasite morphs several times, exhibiting different surface proteins as it goes from mosquito saliva into blood and then into and out of the liver. Also, even the best natural vaccine catching the disease itself is not very effective. While one bout of measles immunizes a child for life, it usually takes several bouts of malaria to confer even partial immunity. Pregnancy can cause women to stop being immune, and immunity can fade out if someone moves away from a malarial area presumably because they no longer get boosters from repeated mosquito bites.

Remember the Neediest!

Japan Aims to Revise Security Pact With U.S.


By MARTIN FACKLER

TOKYO Japans defense minister, Satoshi Morimoto, said Friday that he wanted to revise his nations security alliance with the United States to place more emphasis on the threat from China to islands at the center of a territorial dispute. Mr. Morimoto said he wanted to update a set of guidelines that govern how the two allies militaries would cooperate during a crisis to include the potential for a maritime clash with China. Tensions between Japan and China have risen in recent months over the contested islands in the East China Sea known as the Senkaku in Japan and Diaoyu in China. In a sign of the emotions conjured by the territorial dispute, China has kept up the pressure on Japan by sending paramilitary ships into waters around the islands, which are controlled by the Japanese but also claimed by China and Taiwan. On Friday, Japans Coast Guard said Chinese surveillance ships had sailed into Japanese-claimed waters near the islands for the 21st consecutive day. Mr. Morimoto did not specify exactly what changes he would seek in the agreement. He told reporters that he had already informed the United States of Japans desire to revisit the guidelines, and on Friday he sent the vice minister of defense, Akihisa Nagashima, to Washington for talks. Mr. Morimoto noted that the

last time the United States and Japan changed the guidelines was in 1997, in response to tensions with North Korea over its nuclear program. The situation in Asia is not limited to the Korean Peninsula, but there is also the problem of Chinas increasing maritime activities, Mr. Morimoto said. In light of the qualitative changes in

A move to place more emphasis on the threat from China to disputed islands.
the security environment, I want to start a revision of the present state of the U.S.-Japan alliance. Two years ago, Secretary of State Hillary Rodham Clinton said that the islands fell under the security alliance, requiring the American military to come to Japans aid during a possible clash there. The United States currently bases around 50,000 military personnel in Japan, with more than half of them on Okinawa, near the disputed islands. However, some in Japan have questioned whether the United States would actually risk a war with China over what are essentially barren rocks surrounded by shark-infested waters. Japanese leaders have said that they

want Washington to go a step further and openly support their claims to the islands. While the United States has maintained its neutrality, Chinese officials have said that Washington bears some responsibility in creating the dispute. They say the United States essentially took sides in 1972, when it returned the islands along with Okinawa to Japan without consulting China. Fridays effort to reach out to Washington is also in line with the conservative stance of Japans prime minister, Yoshihiko Noda, who has sought to tighten ties with the United States. Relations were damaged three years ago when one of Mr. Nodas predecessors, the left-leaning Yukio Hatoyama, tried to scrap a laboriously negotiated agreement to relocate a United States Marine air base. The vice minister, Mr. Nagashima, will also try to smooth out tensions with the United States over a Japanese decision to cancel a joint military drill that was to have taken place this week. The drill, which would have simulated the recapture of a remote Japanese island from an unspecified foreign invader, was apparently deemed by Japan to be too provocative to China. However, some American officials have privately expressed displeasure at the cancellation, saying it sent the wrong signal to China that Japan was willing to compromise on security.

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THE NEW YORK TIMES INTERNATIONAL SATURDAY, NOVEMBER 10, 2012 THE SATURDAY PROFILE

Stirring the Pot and Striking Fear in India


By JIM YARDLEY

NEW DELHI UNDREDS of reporters stood waiting, everyone expecting a helping of scandal, and Arvind Kejriwal did not disappoint. He pushed past the television cameras, smiling slyly in his white Gandhian cap, and took a seat on the podium. The crowd pressed forward, drawn by the question now shaking Indias political establishment: Who will Arvind go after next? Slight and bespectacled, with a neatly trimmed mustache, Mr. Kejriwal, 44, could be mistaken for a bookkeeper, rather than what he has become the unlikely bomb thrower of Indian politics. His recent appearance was one of his staged media spectacles, in which he has produced documents and leveled corruption charges at some of Indias most powerful political figures. Corruption, he argues, corrodes all the political parties in a fundamentally compromised system. His solution? The formation of a new political party, in time for national elections in 2014. We hope that the people of this country will be able to do something in 2014, Mr. Kejriwal said. That Mr. Kejriwal is now one of Indias most powerful figures represents a strikingly swift turnaround. Only months ago, conventional wisdom held that he was finished politically. He had been the mastermind of the huge anticorruption movement that last year shook the country but had then seemed to miscalculate. First, the movement fizzled. Then, earlier this year, his alliance shattered with Anna Hazare, the hunger striker and symbol of the movement: Mr. Hazare unexpectedly balked over plans to form a political party. Politicos snickered that Mr. Kejriwals party, without Mr. Hazare, would be dead before it was born. Mr. Kejriwal, the backstage manager, would now be the public face, which raised a question: Would ordinary Indians rally behind a party whose public draw was a wiry, intense former tax examiner? That remains to be seen, but no one is snickering at Mr. Kejriwal any longer. Instead, he is feared. He has accused Robert Vadra, the sonin-law of Sonia Gandhi, the countrys most powerful politician, of reaping millions in improper real estate deals. He has delved into the business dealings of Nitin Gadkari, leader of the main opposition party. He has alleged improprieties in a charity for the handicapped run by the family of Salman Khurshid, the countrys new foreign minister prompting a barely veiled threat from Mr. Khurshid. In some instances, he is merely resurrecting and amplifying existing accusations. Yet, through it all, Mr. Kejriwal has steadily pushed his simple, if radical, message: Indias democ-

ENRICO FABIAN FOR THE NEW YORK TIMES

We are getting into the system to change the system.


ARVIND KEJRIWAL

racy, the largest in the world, does not merely need reform. India needs a revolution. T is Sunday night, three days after Mr. Kejriwals news conference on Oct. 25. His target that day was Reliance Industries Ltd., Indias most powerful corporation, which he accused of exerting political influence to bilk billions of dollars on natural gas contracts. (On Friday, Mr. Kejriwal held another news conference, this time accusing Mukesh Ambani, the owner of Reliance, and others of illegally stashing money overseas.) Reliance has denied the charges as have all of his targets but Mr. Kejriwal seemed pleased. The establishment has been rattled. Now Mr. Kejriwal sat inside a cramped conference room of his headquarters, in a small house at the edge of the capital, beside a dingy slum. He was engaged in a ritual of Indian politics: the public audience. One man had traveled hundreds of miles to pledge his support. Another unexpectedly started singing a tribute song. A father and mother presented their 10-year-old son as a future foot soldier in Mr. Kejriwals efforts. After seeing you, the boys mother said, I have the courage that now we can raise our voices. Mr. Kejriwal grew up in the city of Hisar, in the northern state of Haryana, the son of an engineer. Like many ambitious Indians, his parents wanted him to become a doctor or an engineer, and the young Mr. Kejriwal studied obsessively to gain entrance to Indias most prestigious engineering school. After graduation, he worked for three years as a mechanical engineer before testing into Indias elite civil service as a tax examiner. It would change his life. He met his wife, another tax examiner, but also found himself confronted with rampant bribe-taking. There was corruption at ev-

ery stage, Mr. Kejriwal recalled. He grew disillusioned and quietly got involved in the nationwide effort by civil society groups that resulted in the Right to Information, the 2005 law that established a public right to access official records and documents. He had taken a formal leave from the tax bureau in 2000 and would earn international recognition after founding Parivartan, a nonprofit group focused on government transparency and accountability. Then in 2006, Mr. Kejriwal decided to quit the civil service to become a full-time social activist, tendering his resignation without even telling his wife. Four years later, Mr. Kejriwal became involved in efforts that have lasted for decades to create an independent anticorruption agency, known as the Lokpal. The Lokpal campaign, led by Mr. Hazare, brought together an odd coalition of civil society leaders, in what became known as Team Anna. To a degree, Mr. Kejriwal was the least established of these advisers, yet he quickly positioned himself as the key adviser to Mr. Hazare. And he was instrumental in building an organization, India Against Corruption, that was laden with technologysavvy young people who used the Internet and social media to make the Lokpal cause a nationwide campaign.

Hari Kumar contributed reporting from New Delhi.

UT if some allies regarded Mr. Kejriwal as a committed activist and brilliant tactician, others saw him as calculating and manipulative, a Rasputin whispering in Mr. Hazares ear. I could see through Arvinds manipulative tactics from the very beginning, said Swami Agnivesh, a longtime social activist who broke from Team Anna. He was trying to get control of Anna, more and more. Ultimately, Team Anna splintered, after efforts stalled to pass Lokpal legislation in Indias Parliament. Today, Mr. Kejriwal

blames Indias lawmakers for breaking their promise; yet others say Mr. Kejriwals uncompromising nature and refusal to budge in negotiations helped kill any deal. Today, Mr. Kejriwal said, these parties are very good at fighting elections on the basis of money and muscle power. We cannot win on that turf. The question, of course, is whether Mr. Kejriwals party can win anything at all. He and his team are expected to announce formal plans for the party as well as the partys name at some point this month. Mr. Kejriwal has certainly tapped into public anger over official corruption, especially among Indias urban middle class, yet there is no certainty that anger will translate into votes against established parties with entrenched vote bank machines. Mr. Kejriwal also has competition on other fronts: Mr. Hazare and a handful of others are reconstituting their anticorruption movement, even contemplating opening an office down the street from Mr. Kejriwal, according to Indian news media. But Mr. Kejriwal is careful to praise Mr. Hazare, saying he remains an ally, while emphasizing that the decision to enter electoral politics was a difficult one. We are getting into the system to change the system, he said. Mr. Kejriwal said his initial focus would be to field candidates in next years state elections in Delhi, the city-state that includes the national capital, New Delhi. This might be his best chance, since much of the middle class uprising over the Lokpal occurred in the capital. Meanwhile, Mr. Kejriwal seems likely to keep attacking the political elite. This little tiny ant has gotten inside the trunk of an elephant, said Yogendra Yadav, a prominent political scientist who is serving as an adviser to the new party, and the elephant is hopping mad.

World Briefing
EUROPE

Russia: Top Generals Replaced


President Vladimir V. Putin replaced the head of the militarys general staff and a number of top generals on Friday, continuing a military overhaul that began with the removal of the defense minister this week. Col. Gen. Valery Gerasimov will replace Gen. Nikolai Makarov, who has served as chief of the general staff since 2008. The move is not wholly unexpected, since the new defense minister, Sergei K. Shoigu, has the right to install his own team in top military posts. Still, the shuffle has shed light on simmering disagreements within the military, which is to receive an infusion of about $634 billion for new weaponry. Mr. Putin appears to be moving to calm resistance to changes carried out by the departing defense minister, Anatoly E. Serdyukov, who had alienated many in the military with deep staffing cuts intended to streamline and update Russias vast conventional forces.
ELLEN BARRY

full riot gear, who had been ordered to prevent them from marching to the Kremlin. The event ended what little tolerance Russian authorities had shown for street protests.
ELLEN BARRY

UNITED NATIONS

Palestinians Try to Rally Support


A Palestinian official in the West Bank said Friday that the distribution of a draft resolution at the United Nations was the first big step toward a vote this month to upgrade the Palestinians status in the General Assembly. The United States and Israel have opposed the Palestinian plans to gain international recognition for a state and to upgrade their United Nations status. The draft resolution reaffirms the right of the Palestinian people to self-determination and to independence in their State of Palestine on the basis of the pre-1967 borders, the Palestinian official said. He said it also expressed the urgent need for the resumption and acceleration of negotiations within the Middle East peace process and stated that the borders of a Palestinian state were to be determined through negoISABEL KERSHNER tiations.

Russia: Message Behind a Killing


The motive behind the 2006 killing of Anna Politkovskaya, a reporter who was an unstinting critic of the Kremlin and its policies in Chechnya, was to instill fear in Russias journalists, a top criminal investigator said in an interview published Friday. The investigator, Petros V. Garibyan, said that his team determined that the killer was motivated by Ms. Politkovskayas critical reporting. All other potential reasons, like business conflicts or a domestic dispute, were ruled out, he told the daily newspaper Kommersant. The official investigation into the death was closed last month without identifying the person who ordered the killing, although five people suspected of involvement, including the person believed to be the gunman, are expected to go ANNA KORDUNSKY on trial.

THE AMERICAS

Russia: Protester Sentenced


The first of 19 defendants being prosecuted for taking part in a protest against the Russian leader Vladimir V. Putin last May in Moscow was sentenced Friday to four and a half years in a prison colony for fighting with the police. The defendant, Maksim Luzyanin, 36, the owner of a fitness club, was captured on film as he grappled with a uniformed riot police officer, his hands gripping the officers neck. The sentence was a tough penalty for a brief melee that resulted in no serious injuries especially considering that Mr. Luzyanin cooperated with prosecutors and was an unmistakable warning to those considering similar protests. None of the other 18 defendants decided to plead guilty, and they could receive longer prison terms if convicted. The rally on May 6, on the eve of Mr. Putins inauguration, was peaceful until a crowd in the tens of thousands confronted police officers in

France: A Day for a Wars Victims


The Senate on Thursday voted to designate March 19 as a national day of remembrance for the French and Algerian victims of the Algerian war of independence from 1954 to 1962. The measure was originally adopted in 2002 by the lower house of Parliament before being shelved for a decade. President Franois Hollande, who plans to visit Algeria in December, is hoping to gain Algerian backing for an African-led military intervention in northern Mali, which has been overrun by armed Islamist groups. In October, Mr. Hollande became the first French president to officially acknowledge that scores of Algerian independence protesters were killed by the French police at a rally in Paris in 1961. March 19 was selected as the day of remembrance because it was the date of the cease-fire that SCOTT SAYARE ended the fighting in 1962.

Canada: Another Mayor Resigns


Gilles Vaillancourt, the mayor of Laval, Quebec, for 23 years, resigned Friday, becoming the second municipal leader in the province to quit this week amid accusations of corruption. On Monday, Grald Tremblay resigned as Montreals mayor after a sweeping inquiry into corruption indicated that he had turned a blind eye to widespread graft in his city. He denied any wrongdoing. The inquiry, which is examining corruption involving municipal officials, contractors and organized crime, has yet to focus on Laval, the provinces third largest city. But last month, a special anticorruption police squad raided Mr. Vaillancourts two homes and his office and later seized the contents of several safe deposit boxes. On Friday, Mr. Vaillancourt said that the allegations against him were without IAN AUSTEN proof.

THE NEW YORK TIMES INTERNATIONAL SATURDAY, NOVEMBER 10, 2012

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In One Day, 11,000 Flee Syria as Violence and Hardship Worsen, Alarming Turkey
By RICK GLADSTONE and NEIL MacFARQUHAR

The United Nations reported that 11,000 Syrians fled to neighboring countries on Friday, the vast majority clambering for safety over the Turkish border, in one of the largest single-day torrents of refugees since the Syrian conflict began. It came as mayhem and deprivations were worsening inside the country, its president more determined than ever to stay and his fractious enemies still politically paralyzed. United Nations refugee agency officials said 9,000 of the fleeing Syrians, many of them drenched from a cold rain, went to Turkey. The flow alarmed Turkish officials and led their prime minister, Recep Tayyip Erdogan, to vent bitterly at the five permanent members of the Security Council for what he called their failure to respond decisively to the crisis after nearly 20 months. The world cannot be left to what the five permanent members have to say, Mr. Erdogan told a conference in Indonesia. If we leave it to the five permanent members, humanity will continue to bleed. Panos Moumtzis, the United Nations refugee agency official coordinating the response, told reporters in Geneva, where the agency is based, that the latest surge included 1,000 Syrians who reached Lebanon and 1,000 who reached Jordan, bringing the number of registered refugees to more than 408,000 in Turkey, Jordan, Lebanon and Iraq. Agency officials said a few weeks ago they had anticipated that more than 700,000 Syrian refugees would be living in these countries by years end, straining their resources just as the cold Middle East winter intensifies. The agencys figures do not include Syrians who have fled without registering, a number believed to be in the tens of thousands in Jordan alone. Turkish officials said more than half the Syrians who fled into Turkey on Friday had been seeking to escape combat between insurgents and loyalist forces near Ras al-Ain, a northeast border town where fighting has raged for days. The arrivals who crossed the Turkish border at Reyhanli in Hatay Province included 26 Syrian Army defectors, with 2 generals and 11 colonels among them, the semiofficial Anatolian News Agency of Turkey reported. The increased exodus coincided with new signs of defiance by Syrias president, Bashar al-Assad, in an interview with Russia Rick Gladstone reported from New York, and Neil MacFarquhar from Doha, Qatar. Reporting was contributed by Nick CummingBruce from Geneva; Sebnem Arsu from Hatay, Turkey; Hania Mourtada from Beirut, Lebanon; and Christine Hauser from New York.

REUTERS

Syrians ran from Ras al-Ain, a northeastern Syrian town that has been the scene of heavy fighting, across the border into Ceylanpinar, Turkey, on Friday.
Today, a government-run news service. In portions of the interview that were first released Thursday, Mr. Assad said that he intended to remain in Syria and warned that any foreign invasion would be a costly catastrophe. Russia has been a steady defender of Mr. Assad. In the complete version released Friday, Mr. Assad denied that Syria was consumed in a civil war and insisted that his forces could finish everything within weeks if foreign suppliers stopped sending weapons to the insurgents, whom he universally categorizes as terrorists. Mr. Assad also denied that Syrian forces had shelled targets in Turkey and accused Mr. Erdogan a former friend and now one of Mr. Assads biggest critics of coveting Syrian territory. He personally thinks that he is the new sultan of the Ottomans and he can control the region as it was during the Ottoman Empire under a new umbrella, Mr. Assad said. The surge in refugees occurred as agencies of the United Nations and other groups met donor governments in Geneva to report on the crisis and seek greater financial support for the emergency fund for Syrian refugees, which has received only one-third of its intended goal of $488 million. There is more violence, more humanitarian suffering, more displacement and more losses, said Radhouane Nouicer, the refugee agencys coordinator based in Damascus. The United Nations has also estimated that more than 2.5 million people inside Syria need humanitarian assistance, including 1.2 million displaced by the conflict. John Ging, the director of operations for the United Nations Office for the Coordination of Humanitarian Affairs, said in an interview with Al Jazeera that four million Syrians may need help in the country by early next year. Its just getting a lot worse very rapidly for the ordinary people, Mr. Ging said. The United States will provide $34 million in additional aid to Syrians affected by conflict, bringing the total provided by the United States to more than $165 million, the American diplomatic mission in Geneva said in an announcement distributed at the donor meeting. Groups that track the violence reported widespread attacks, including the government use of warplanes, in Damascus suburbs and other areas on Friday. The Syrian Observatory for Human Rights, a group based in Britain with contacts inside Syria, said at least 120 people had been killed nationwide. In Doha, Qatar, the Syrian National Council, an opposition group in exile, elected a new president, George Sabra, a veteran leftist dissident and Christian and an outspoken critic of Mr. Assad who had spent more than eight years in prison for his activism. But it was unclear whether Mr. Sabras new role would help or hinder efforts to create a more unified opposition front at a convention of Syrian opposition groups under way in Doha. Earlier this week Mr. Sabra criticized an attempt to subsume the Syrian National Council into a larger umbrella group, an idea that has been advanced by Secretary of State Hillary Rodham Clinton. Mrs. Clinton has been increasingly exasperated with the councils dysfunction and irrelevance because its members are all exiles with little feel for the combat raging in their home country. Many council members have suggested that the formation of a larger umbrella organization would diminish their role without any guarantees of further international funding and other support for the uprising, which currently gets nonlethal aid from the United States. On Thursday and Friday, representatives of the Syrian National Council did not even attend the convention. They have a problem that is paralyzing them, said Ayman Abdel Nour, an opposition activist and former confidant of Mr. Assad. The councils vote for a new president and new executive committee caused its own problems, with at least one organization and various independent members quitting over the outcome. Those leaving the council said that the election process had been meant to introduce reforms that added diversity to the group, but that instead it had reinforced the control of the Muslim Brotherhood and its allies. The council has been one color, which defies logic, said Rima Fleihan, a member in exile of the Local Coordination Committees, an anti-Assad group that has sought to document casualties. The institution has failed to deliver what it promised in terms of fixing its internal problems.

Report Outlines Climate Change Perils


Strains for U.S. Military and Intelligence Agencies Are Predicted
By JOHN M. BRODER

WASHINGTON Climate change is accelerating, and it will place unparalleled strains on American military and intelligence agencies in coming years by causing ever more disruptive events around the globe, the nations top scientific research group said in a report issued Friday. The group, the National Research Council, says in a study commissioned by the C.I.A. and other intelligence agencies that clusters of apparently unrelated events exacerbated by a warming climate will create more frequent but unpredictable crises in water supplies, food markets, energy supply chains and public health systems. Hurricane Sandy provided a foretaste of what can be expected more often in the near future, the reports lead author, John D. Steinbruner, said in an interview. This is the sort of thing we were talking about, said Mr. Steinbruner, a longtime authority on national security. You can debate the specific contribution of global warming to that storm. But were saying climate extremes are going to be more frequent, and this was an example of what they could mean. Were also saying it could get a whole lot worse than that. Mr. Steinbruner, the director of the Center for International and Security Studies at the University of Maryland, said that humans are pouring carbon dioxide and other climate-altering gases into the atmosphere at a rate never before seen. We know there will have to be major climatic adjustments theres no uncertainty about that but we just dont know the details, he said. We do know they will be big. The study was released 10 days late: its authors had been scheduled to brief intelligence officials on their findings the day Hurricane Sandy hit the East Coast,

but the federal government was shut down because of the storm. Climate-driven crises could lead to internal instability or international conflict and might force the United States to provide humanitarian assistance or, in some cases, military force to protect vital energy, economic or other interests, the study said. The Defense Department has already taken major steps to plan for and adapt to climate change and has spent billions of dollars to make ships, aircraft and vehicles more fuel-efficient. Nonetheless, the 206-page study warns in

A study foresees frequent but unpredictable crises related to warming.


sometimes bureaucratic language, the United States is ill prepared to assess and prepare for the catastrophes that a heated planet will produce. It is prudent to expect that over the course of a decade some climate events including single events, conjunctions of events occurring simultaneously or in sequence in particular locations, and events affecting globally integrated systems that provide for human well-being will produce consequences that exceed the capacity of the affected societies or global system to manage and that have global security implications serious enough to compel international response, the report states. In other words, states will fail, large populations subjected to famine, flood or disease will migrate across international borders, and national and international agencies will not have the resources to cope.

The report cites the simultaneous heat wave in Russia and floods in Pakistan in the summer of 2010 as disparate but linked climate-related events that taxed those societies. It also cites the Nile River watershed as a place where climaterelated conflict over water and farmland could arise as the combined populations of Egypt, Sudan and Ethiopia approach 300 million. South Korea and Saudi Arabia have purchased fertile land in the Nile watershed to produce crops to feed their people, but local forces could decide to seize the crops for their own use, potentially leading to international conflict, the report says. The 18-month study is not the first such report from government agencies or research organizations to draw a direct link between climate change and national security concerns. The National Intelligence Council produced a classified national intelligence estimate on climate change in 2008 and has issued a number of unclassified reports since then. The Pentagon and the White House have also highlighted the role of climate change in humanitarian crises and security threats. The National Research Council recommends in the new report that all government agencies improve their ability to monitor the global climate and assess the risks to populations and critical resources around the world. Yet Mr. Steinbruner said that as the need for more and better analysis is growing, government resources devoted to them are shrinking. Republicans in Congress objected to the C.I.A.s creation of a climate change center and tried to deny money for it. The American weather satellite program is losing capability because of years of underfinancing and mismanagement, imperiling the ability to predict and monitor major storms.

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THE NEW YORK TIMES INTERNATIONAL SATURDAY, NOVEMBER 10, 2012

Many Chinese Intellectuals Are Silent Amid a Wave of Tibetan Self-Immolations


By ANDREW JACOBS

BEIJING In a gruesome act of resistance that has played out dozens of times in recent months, six young Tibetans set fire to themselves this week, shouting demands for freedom as they were consumed by flames. On Friday, for the second day in a row, thousands of Tibetan students took to the streets in the northwestern Chinese province of Qinghai denouncing cultural genocide and demanding an end to heavy-handed police tactics, exile groups said. Here in the nations capital, where Communist Party power brokers are presenting a new generation of leaders, the outgoing president, Hu Jintao, made no mention on Thursday of the anger consuming Chinas discontented borderlands during his sprawling address to the nation. Asked by foreign reporters about the escalating crisis, delegates to the 18th Party Congress blamed the Dalai Lama, the exiled spiritual leader, or inelegantly dodged the question altogether. Can I not answer that? one asked nervously. But while Tibetan rights advocates have long been inured to impassive officials, they are increasingly troubled by the deafening silence among Chinese intellectuals and the liberal online commentariat, a group usually eager to call out injustice despite the perils of bucking Chinas authoritarian strictures. On Twitter, where Chinas most voluble critics find refuge from government censors, the topic is often buried by posts about persecuted dissidents, corrupt officials, illegal land grabs or other scandals of the day. Since the self-immolations began in earShi Da, Amy Qin and Chang Lu contributed research.

VIA ASSOCIATED PRESS

Tibetans protested in Qinghai Province, China, on Friday, in a photo provided by a witness who asked not to be identified.
nest last year, few Chinese scholars have attempted to grapple with the subject. The apathy is appalling, said Zhang Boshu, a political philosopher who lost his job at the Chinese Academy of Social Sciences three years ago for criticizing the governments human rights record. With a mounting toll of 69 selfimmolations, at least 56 of them fatal, many Tibetans are asking themselves why their Han Chinese brethren seem unmoved by the suffering or are at least uninterested in exploring why so many people have embraced such a horrifying means of protest. The silence, some say, is exposing an uncomfortable gulf between Tibetans and Chinas Han majority, despite decades of propaganda that seeks to portray the nation as a harmonious family comprising 56 contented minorities.

Its the elephant in the room that no one wants to talk about, said Wang Lixiong, a prominent Tibetologist and social theorist whose writings have drawn the unwelcome attention of public security personnel, including a contingent of police officers who kept him sequestered inside his Beijing apartment this week as the party congress got under way. Mr. Wang and others say a subtle undercurrent of antipathy toward Tibetans suffuses the worldview of educated Chinese. That sentiment, they say, has been nurtured by official propaganda that paints Tibetans as rebellious, uncultured and unappreciative of government efforts to raise their standard of living. One prominent filmmaker, speaking more candidly than usual, but only under the condition of anonymity, noted that many Chinese are alternately fascinated and repulsed by Tibetans. We Han love their exotic singing and dancing, but we also see them as barbarians seeking to split the nation apart, he said. Whether it be antipathy or apathy, many Chinese have been unconsciously swayed by government propaganda that describes the self-immolators as terrorists even as unrelenting censorship blocks any public airing of their grievances, which include complaints about restrictions on Tibetan Buddhism and educational policies that, in some areas, favor Mandarin over Tibetan. I think the authorities have deliberately created a barrier between the two cultures, said Hu Yong, a professor at Peking Universitys School of Journalism and Communication. Mr. Hu said such attitudes were reinforced by Chinas army of Tibet specialists, nearly all of whom are employed by government-affiliated institutions and

who faithfully parrot the partys official narrative on Tibetan history and politics. Rigorous censorship has ensured that news about the protests rarely makes it onto the Internet, let alone into the mainstream news media. The Chinese media has reported only a handful of the self-immolations, and people who transmit news from Tibetan areas face harsh punishment. The fear can be paralyzing for many Chinese intellectuals. No one wants to be accused of being

Years of official criticism of a people have left a mark, even on the educated.
a separatist, said Mr. Zhang, the former academy member. But neither fear nor censorship fully explain the silence of Chinese liberals, most of whom are adept at skirting the great firewall and many of whom regularly step across imaginary red lines to lob verbal critiques of the Communist Party. Tsering Woeser, a blogger of mixed Tibetan and Han ancestry, said many Chinese see Tibetans as the other; she said even friends have been known to cite a well-known Chinese proverb to explain their indifference to Tibetan grievances: If you are not of my ethnicity, you cannot share my heart. Ms. Woeser said that even her most open-minded friends are confounded by Tibetans, with their fierce religious devotion, their demands for greater autonomy and their aching for the return of the Dalai Lama, whom Beijing regularly dismisses as a wolf in sheeps clothing.

Chinese intellectuals, she added, see Tibet as a forbidding, restive land, but also inseparable from China. The Han are obsessed with issues of sovereignty, said Ms. Woeser, who is married to Mr. Wang, the critic barred from leaving his home. They want to claim Tibet as part of China, but they are not terribly concerned with the Tibetan people or their culture. Even if the self-immolations are confined to a region thousands of miles away, Beijing officials were taking no chances this week as party elders gathered for the once-a-decade change in leadership. During the opening day of the party congress on Thursday, several security guards inside the Great Hall of the People held fire extinguishers between their knees as they sat in the back row of the auditorium. Outside on Tiananmen Square, firefighters stood at attention with fire extinguishers at their feet, even if the vast granite-clad plaza was devoid of anything flammable. A New York Times photographer who snapped pictures of the firefighters was confronted by the police, who forced her to delete the images. At a session held on Friday by delegates from the Tibet Autonomous Region, Liang Tiangeng, a top party official, dismissed a foreign reporters question about whether the government had plans to address the self-immolations. After extolling the happiness of the Tibetan people, he noted that even developed and democratic nations were plagued by suicides. People kill themselves, they set fire to themselves, they shoot themselves every day, he said. I think some media organizations are trying to sensationalize the very few cases of self-immolation that have happened in Tibetan area because they have ulterior motives.

Chinas Grip on the Economy Will Challenge New Leaders


From Page A4 ness of the next Chinese leadership team to challenge the politically connected families that run many state-owned enterprises. And given the lavish opportunities these enterprises provide for insider corruption and self-dealing, that remains an open question. On Thursday, at the opening of the party congress, the departing president, Hu Jintao, who has presided over an enormous increase in the wealth and influence of state-owned enterprises during his 10 years in power, seemed to suggest placing some limits on the sector and creating a more level playing field for private companies that try to compete against them. But two political advisers to the incoming leadership who have a deep knowledge of the factional rivalries in the Communist Party expressed strong skepticism that most state-owned enterprises have much to fear. The national, provincial and local governments are financially dependent on the profits of such enterprises and are reluctant to give them up, the advisers said. At the same time, the state enter-

Changing of the Guard


Articles in this series are examining the implications for China and the rest of the world of the coming changes in the leadership of the Chinese Communist Party.
ONLINE: Previous articles in this series, and videos:
nytimes.com/world

prises provide political patronage for factions of the Communist Party and lower-level cadres, whose support is crucial to the government. State-owned enterprises are also important as providers of blue-collar jobs and as the operators of about 8,000 schools, hospitals and community centers for their current and former employees and their families. Companies in which the state owns a majority represent 35 percent of all business activity in China, according to official figures. Yet they earned 43 percent of profits last year. Their hammerlock on a long list of strategic industries has allowed them to charge relatively high prices for

their goods and services, even as they borrow at artificially low interest rates from state-owned banks. To be sure, the pressure for change is building. Factional struggles before the party congress opened the way for a national debate over state-owned enterprises. A wide range of economists say further liberalization of the parts of the economy still dominated by the state is essential to long-term growth. Without fundamental reforms, the countrys economic prospect will dim, with a diminished chance to leap into the ranks of developed economies, said Fred Hu, a former economist at the International Monetary Fund and Goldman Sachs who is the founder and chairman of Primavera Capital, a large private equity fund based in Beijing. Only bold reforms could fully unleash the countrys enormous potential and entrepreneurial energy and propel China into the first world. Public support for economic reform makes it impossible for the incoming team simply to do nothing, said one of the two political advisers, both of whom spoke on the condition of anonymity because of the delicacy of the issue

in China. But the new team may limit its actions to the privatization of some state-owned manufacturers, like steel mills, which do not have monopolies and are plagued by problems like overcapacity, ferocious competition and heavy financial losses. A few top executives in the auto industry have begun calling for a limit on further investments in that sector, which also faces severe overcapacity. The government has also been doing considerably more detailed audits of state-owned enterprises this year, seeking signs of fraud or corruption. But the broader network of state-owned enterprises in the service sector, like telecommunications, banking, health care and electricity distribution, is likely to remain virtually unchanged for the next few years, the political adviser said. Its going to be very difficult to do, said Roderick MacFarquhar, a Harvard professor who is one of the best-known experts on contemporary China from outside the country. Theyve kept a very low profile for so long, they dont know how to do anything else. The new leadership has just as many ties to state-owned enter-

ALEXANDER F. YUAN/ASSOCIATED PRESS

Chiefs of state-owned corporations at a meeting held in connection with the 18th Party Congress in Beijing on Friday.
prises as the old. The brother of Li Keqiang, who is expected to become the prime minister, is one of four deputy directors of the State Tobacco Monopoly Administration. With 98 percent of the Chinese market for cigarettes, the state-owned tobacco administration generates taxes and profits that total 7 to 10 percent of the entire revenue of the central government, according to a report in October from the Brookings Institution in Washington. China has a growing antismoking movement, but it has little support from the government. The Brookings report said that a change in mind-set on the part of the leadership, especially the highly misleading and one-sided perception of tobacco as a cash cow and major contributor to the Chinese economy, is a prerequisite for policy change. Officials at the tobacco administration declined to comment, and they declined to make Mr. Lis brother, Li Keming, available for an interview. For all the pessimism about far-reaching reform, there is still considerable discussion of ways that state-owned enterprises might be changed if the new leadership decides to tackle the thorny political issues involved. One of the most influential proposals within the Chinese leadership in the past few months was from Chen Qingtai, the deputy director of the Chinese cabinets Development Research Center. Mr. Chens paper calls for the government to become essentially an investor in state-owned enterprises, instead of actively managing them and selecting the management teams for each enterprise. While useful in the past in advancing big projects like the Three Gorges Dam, Mr. Chen suggested in his paper, the government should now move more aggressively to sell off its ownership in sectors like steel that face overcapacity, redeploying that capital to emerging industries. He called for the state to hire more professional financial administrators to manage this process. Mr. Hu seemed to endorse this stance on Thursday, saying that we should separate government administration from the management of enterprises, state assets, public institutions and social organizations. But there is little sign of a consensus yet. I think there are definitely different schools of thought inside the government, said a manager at a company looking closely at acquiring stakes in state-owned enterprises if they were to be privatized. What they actually choose to do will also depend on the courage of the new leadership.

THE NEW YORK TIMES INTERNATIONAL SATURDAY, NOVEMBER 10, 2012

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Anglican Churchs New Leader Vows to Seek Reconciliation Ex-Official Threatens Suit
By ALAN COWELL

LONDON Bishop Justin Welby, the new archbishop of Canterbury and spiritual head of the worlds estimated 77 million Anglicans, pledged Friday to seek reconciliation in some of the most contentious issues of gender and sexuality that have split the Anglican Communion. Soon after Prime Minister David Cameron announced his appointment, Bishop Welby, 56, a former oil company executive, made it clear that he endorsed earlier church statements criticizing government plans to legalize same-sex marriage. But I also need to listen very attentively to the L.G.B.T. communities and examine my own thinking carefully and prayerfully, he added, referring to lesbian, gay, bisexual and transgender groups. I am always averse to the language of exclusion, he said, apparently seeking a middle ground in the debates, which have split Anglicans from Africa to America. Above all, in the church we need to create safe spaces for these issues to be discussed in honesty and in love. He said at a news conference, We must have no truck with any form of homophobia in any part of the church. Drawing on a career that has taken him from the executive suites of French and British oil companies to hardscrabble parish churches in the British Midlands and to scenes of sectarian strife in Africa and the Middle East, Bishop Welby said he would bring a passion for reconciliation to his new position. Bishop Welby will replace the Most Rev. Rowan Williams, who announced in March that he would step down at the end of the year. Within the Church of England, Bishop Welby faces dwindling congregations and the same divisions between conservatives and liberals as Anglicans elsewhere. Bishop Welby emerged as the favorite to become the 105th archbishop of Canterbury only after tortuous negotiations within the Church of England that had led to frequent reports of deadlock and disagreement among members of the church commission that chose him. His appointment is likely to be closely watched in the Vatican,

In British Pedophile Case


By JOHN F. BURNS

FACUNDO ARRIZABALAGA/EUROPEAN PRESSPHOTO AGENCY

Eleanor Welby, left, daughter of Bishop Justin Welby, new archbishop of Canterbury, sat next to May Easton, her aunt, listening to her father at a news conference at Lambeth Palace in London.
iator who will be able to hold the communion together. He and I in fact differ on the question of the blessing of same-sex unions, said Bishop Shannon Johnston of the Diocese of Virginia, but that has enriched and deepened our relationship and our engagement with one another. He has a special gift for both personal and ecclesial diplomacy, said Bishop Johnston, who says he knows the archbishop because Virginia and Liverpool are companion dioceses. This year, as a member of the upper House of Lords, to which Anglican bishops are routinely appointed, Bishop Welby joined a parliamentary panel scrutinizing the behavior of British banks. He is known as an opponent of corporate excess. Speaking at a conference in Zurich, according to a financial Web site, he described banks as exponents of anarchy before the financial crisis in 2008 because they pursued activity without purpose. Bishop Welby said Friday that as archbishop of Canterbury, he would remain on the panel examining banking ethics.

DYLAN MARTINEZ/REUTERS

Bishop Welby with his wife, Caroline. Known as a conciliator, he will need to be one; the church faces contentious issues.
where the Roman Catholic hierarchy has sought to lure Anglican priests who have become disaffected with what they see as a liberalizing trend in the Church of England. Bishop Welby was educated at Eton. He went on to study law and history at Cambridge University before working for 11 years in the treasury departments of the French Elf Aquitaine oil company and later a British exploration company, Enterprise Oil. His rise through the church ranks has been widely described as meteoric. He began his training as a priest in 1987 and was made a deacon in 1992. He was made bishop of Durham the fourth-ranking diocese in the hierarchy only a year ago. His admirers say he is a concil-

LONDON With Prime Minister David Cameron warning of a gathering witch hunt in Britains pedophile scandal, a former Conservative Party official threatened legal action on Friday after he was falsely named on the Internet as the man who sexually abused a young teenager more than a dozen times at a Welsh childrens home in the 1980s. A lawyer for the politician, Alistair McAlpine, said his client would have no choice but to file suit to clear his name of the accusations, which Mr. McAlpine dismissed as wholly false and defamatory. It was not immediately clear who would be the target of the suit, but the lawyer, Andrew Reid, indicated that the BBC could be one defendant when he said that the stateowned broadcaster had played a part in encouraging the Internet speculation about Mr. McAlpine. The allegation stemmed from a report last week by the BBC program Newsnight, which has been under fire for canceling an investigative segment late last year on accusations of a long history of child sexual abuse, some of it on BBC premises, against Jimmy Savile, the host of wildly popular BBC programs from the 1970s to the 1990s. Mr. Savile died at 84 in October 2011. The Newsnight report contained an interview with a man, Steve Messham, who said he had been taken to a local hotel from a childrens home in the North Wales town of Wrexham in the 1980s and abused more than a dozen times by a man he identified as a senior Conservative politician from the years when Prime Minister Margaret Thatcher was in power. The Newsnight segment fueled widespread speculation on the Internet as to the identity of the politician involved. But then The Guardian newspaper posted an article on its Web site on Thursday night saying that the man most prominently named on the Internet, Mr. McAlpine, was a victim of mistaken identity. It quoted a local council member as saying that a member of the McAlpine family who lived locally might have been mistaken for the former Conservative politician. With that, Mr. McAlpine went public, condemning the media

frenzy and innuendo that he said had led to the accounts on the Internet that he was the man implicated in the Newsnight segment and giving a point-bypoint rebuttal of Mr. Messhams account. Mr. McAlpine said he had never been to the childrens home in Wrexham, nor have I ever visited any childrens home, reform school or any other institution of a similar nature. He said he had never stayed in a hotel in or near Wrexham, never owned a Rolls-Royce, never had a gold card or a Harrods card, and never wore after-shave all features cited by Mr. Messham. On Friday, Mr. Messham apologized, saying the actual Mr. McAlpine bore no resemblance to the man in the photos shown to him by the police in the 1990s. Newsnight on Friday evening featured a broad apology to Mr. McAlpine by the management of the program and the BBC, coupled with an announcement that all investigative reporting by Newsnight was being suspended indefinitely. Alistair McAlpine, heir to a construction fortune, was Conservative Party treasurer when he was named to the House of Lords by Mrs. Thatcher in 1984. He is now 70, in poor health and living with his third wife in southern Italy. The McAlpine relative who lived near Wrexham, said in his obituary to have had a large collection of vintage cars, has been dead since 1991. It was another twist to a scandal that has sent shock waves through the BBC and the police, as well as hospitals, childrens homes and other institutions where children are said to have been systematically abused over decades. Allegations that it is fomenting a wave of public hysteria with unsupported accusations have been aimed at Newsnight, the flagship BBC program. Mr. Cameron warned against a hysteria that threatened to drag innocent people into the fray. There is a danger if we are not careful that this can turn into a sort of witch hunt, particularly about people who are gay, and Im worried about the sort of thing you are doing right now, he said on Thursday when he was handed a list of conservative politicians alleged to have links to pedophilia that had been downloaded by the host of ITVs This Morning program.

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THE NEW YORK TIMES INTERNATIONAL SATURDAY, NOVEMBER 10, 2012

Manila Hospital, No Stranger to Stork, Awaits Reproductive Health Bills Fate


By FLOYD WHALEY

MANILA In the main ward at Dr. Jose Fabella Memorial Hospital, 171 women and nearly as many newborns share fewer than 100 beds. Dozens more expectant mothers line the street outside, some sleeping on the sidewalk while waiting to get in. The women, most of whom cannot afford to give birth at a private hospital, move through a type of controlled chaos from the street, to the labor room, to the delivery room, to the maternity ward and back out the door, usually in less than 48 hours. Its a never-ending story, 24 hours a day, every day, said Dr. Romeo Bituin, who added that the government-run maternity hospital was legally required to serve as a safety net for the poor. We cant reject patients. If we turn them away, where will they go? After years of discussion in the Philippine Congress, the House of Representatives finally decided in August to end debate on a reproductive health bill that would subsidize contraception and require sex education in the Philippines, a country with one of the highest birthrates in Asia. If it passes in the House, which returned to session on Monday, the bill will also need to be approved by the Senate. The bills proponents, led by President Benigno S. Aquino III, who has made the issue a priority of his two-year-old administration, say the measure will give poor women a chance to have fewer children and rise out of poverty. Opponents, backed principally by the Roman Catholic Church, say the bill is out of step with the moral tenets of the overwhelmingly Catholic Philippines and argue that a high birthrate lessens poverty. Our countrys positive birthrate and a population composed

PHOTOGRAPHS BY JES AZNAR FOR THE INTERNATIONAL HERALD TRIBUNE

Mothers and newborns at Dr. Jose Fabella Memorial Hospital in September. The hospital delivers more babies than any other facility in the Philippines.

A bill would require sex education and subsidize contraception.


of mostly young people are the main players that fuel the economy, said Jose Palma, the president of the Catholic Bishops Conference of the Philippines. Whether it is a bane or a boon, the birthrate in the Philippines 24.98 out of 1,000 people, compared with 13.7 in the United States is not a matter of statistics at Fabella. It is a matter of logistics. The hospital, in a former prison between a public market and the city jail, delivers more babies than any other facility in the Philippines. Last year, 17,639 babies were born there. The women are allowed into the hospital only when they are ready to give birth. After the birth, they sleep two to a bed in the maternity ward. If they have a healthy delivery without complications, they are sent home af-

Staff members at the hospital, left, and a lecture on family planning, right. Budget constraints prevent the hospital from giving patients contraceptives.
ter one day. We dont have the capacity to let them come in early or stay long after delivery, said Dr. Marie Pacapac, a spokeswoman for the hospital. Our delivery room fills up. The hospital averages about 60 deliveries a day in the summer and about 80 deliveries in a 24hour period during the peak delivery season, September to December. Fabella, which accepts pregnant women that other facilities reject, charges 3,000 pesos, about $70, for a normal delivery. Women who cannot afford that pay whatever they can. Some babies have been delivered for 100 pesos, about $2.40, while some expectant mothers show up at the hospital without a single peso, hospital officials said. Most of the women who deliver at Fabella have never had any sexual or reproductive health education which is rarely taught here and many cannot afford to buy contraception, said Dr. Bituin, who noted that these issues would be addressed by the pending legislation. These women will use birth control pills, they will use condoms, but they cant afford them, Dr. Bituin said. If they received these things for free, they would use them, and fewer of them would end up here, he said. We are just the last step in the process. We need to advocate reproductive health in the community at the grass roots. The church is already there spreading their message through services every Sunday. The hospital does offer family planning information, but budget constraints prevent it from giving patients contraceptives, said Dr. Esmeraldo Ilem, the facilitys head of family planning services. Family planning in the Philippines is not about population control, Dr. Ilem said. It is a health intervention. We are focusing on women who are too young, too old, too poor or too sick to have babies but their situation does not allow them to stop. That description could be applied to Jelly Galia, a 44-year-old with seven children who was in the main ward after her eighth child died shortly after birth the night before. Sitting on a bed surrounded by women nursing their newborns, Ms. Galia said she lived with her children in a slum. Her husband is an unemployed taxi driver, and her family has no income. I dont want to have any more babies, she said, wiping tears from her eyes. I would take the pills, but we dont have money to buy those. Well try control, she said, using the local term for abstinence.

Cubas Prospects for an Oil-Fueled Economic Jolt Falter With Departure of Rig
By CLIFFORD KRAUSS and DAMIEN CAVE

HOUSTON Cubas hopes of reviving its economy with an oil boom have produced little more than three dry holes, persuading foreign oil companies to remove the one deepwater rig able to work in Cuban waters so it could be used for more lucrative prospects elsewhere. The rig, which was built in China to get around the United States trade embargo, is expected to depart in the next few weeks. With no other rigs available for deepwater exploration, that means Cuba must now postpone what had become an abiding dream: a windfall that would save Cubas economy and lead to a uniquely Cuban utopia where the islands socialist system was paid for by oil sales to its capitalist neighbors. The Cuban oil dream is over and done with, at least for the next five years, said Jorge Pion, a former BP and Amoco executive who fled Cuba as a child but continues to brief foreign oil companies on Cuban oil prospects. The companies have better prospects by going to Brazil, Angola and the U.S. Gulf. The lack of a quick find comes at a difficult time for Cuba. The effects of Hurricane Sandy, which destroyed more than 100,000 homes in eastern Cuba, are weighing down an economy that remains moribund despite two years of efforts by the Cuban government to cut state payrolls and cautiously encourage free enterprise on a small scale. Cuba had hoped to become energy independent, after relying first on Russia and now on VeneClifford Krauss reported from Houston, and Damien Cave from Mexico City.

ENRIQUE de la OSA/REUTERS

The Scarabeo 9, above on the horizon in Cuba in January, is set to depart. It is the only rig available for deepwater drilling there.

A nations vision of energy independence becomes less clear.


zuela for most of its oil. But with its drilling prospects dimming, experts say, Cuban officials may be pushed to accelerate the process of economic opening. At the very least, it may embolden members of the bureaucracy looking for broader or faster changes in the economy. This could represent a crucial setback for the Cuban regime, said Blake Clayton, an energy fellow at the Council on Foreign Relations. In the meantime, the government has mostly tried to put a positive spin on the disappointing

drilling results and the decision of the rig operator to lease in other waters. Granma, the Communist Party newspaper, reported last week that while Venezuelas state oil firm had plugged its hole because it did not offer possibilities of commercial exploitation, the drilling had obtained valuable geological information. The Venezuelan firm was the last of three foreign oil companies to use the rig, after the Spanish company Repsol and the Malaysian company Petronas. The government said more exploration could be expected. The potential for Cubas oil reserves, like nearly everything involving Cuba, has been a matter of dispute. Cuban officials had predicted that oil companies would find 20 billion barrels of oil reserves off its northern coast.

The United States Geological Survey has estimated Cuban oil reserves at 5 billion barrels, one quarter of the Cuban estimate. The best-case scenario for production, according to some oil experts, would be for Cuba to eventually become a medium-size producer like Ecuador. But as the three dry holes showed, far more exploration effort would be needed, and that presents a challenge for a country with limited resources and the hurdle of American sanctions. There are many offshore areas that are competing with Cuba for the attention of oil companies, particularly off the coasts of South America and East and West Africa. In Cubas case, the American embargo makes it far more difficult for companies seeking to explore Cuban waters. The Scar-

abeo 9, the rig set to depart, is the only one available that is capable of drilling in deep waters and complies with the embargo. To get it built, Repsol, the Spanish oil giant, was forced to contract an Italian operator to build a rig in China to drill exploration wells. Cuban officials have also run into environmental concerns in the United States. The prospect of drilling only 50 miles from the Florida Keys had worried ocean scientists, who warned that if the kind of blowout that occurred on the BP rig in 2010 in the Gulf of Mexico was repeated in Cuban waters, it could send oil spewing onto Florida coastlines in as little as three days. If the oil reached the Gulf Stream, the powerful current that passes through the area, oil could flow up the coast to Miami and beyond.

Still, Cuba has been bullish about oil since plans for the rigs arrival were first made several years ago. Cuba produces a small amount of oil and relies on Venezuela to provide around 115,000 barrels a day at highly subsidized rates, in exchange for the services of Cuban doctors and other professionals. Venezuelan production has been sliding steeply in recent years, and Cuban officials have been unnerved by the health problems of Venezuelas president, Hugo Chvez, a crucial ally for the island. Lee Hunt, a former president of the International Association of Drilling Contractors, said there were still potential opportunities off the island. The first Repsol well, he said, was not productive, but a subsequent study of the drilling results concluded that there could be promising oil-producing rocks in nearby waters. The second well drilled by Petronas found only heavy oil that was so thick it could not be economically lifted out of the ground. And the third attempt by the Venezuelan state company found rock that was so hard and thick that it wore down drill bits before reaching oil. Mr. Hunt said oil consultants continued to train Cuban drilling crews for the Russian company Zarubezhneft, which plans to drill using a Norwegian rig in shallow waters about 200 miles east of Havana. But that area is not considered as promising as the deep waters. So the next deepwater exploration effort, Mr. Hunt said, may have to come from farther away: oil companies from Vietnam and Angola still have active leases in Cuba for future drilling.

Do not forget the Neediest!

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SATURDAY, NOVEMBER 10, 2012

U.S. Extends A Deadline For States On Coverage


By ROBERT PEAR

PHOTOGRAPHS BY JOSHUA LOTT FOR THE NEW YORK TIMES

Lily Canedo, center, and others took petitions bearing 20,000 signatures on Friday to the county recorders office in Phoenix to protest uncounted votes.

Races in Arizona Still Hang in the Balance


Officials Scrambling to Tally Hundreds of Thousands of Uncounted Votes
By FERNANDA SANTOS

PHOENIX Three days after the election, the outcome of several races remained a mystery in Arizona as officials struggle to count a record number of early and provisional ballots, many of them cast by voters who believed they had registered but whose names were not on the voter rolls at the polling place. On Thursday, Secretary of State Ken Bennett revealed the magnitude of the situation: 631,274 votes remained uncounted, he said, more than in any presidential election in memory and enough to anger voting- and immigrant-rights advocates, who have called on the Justice Department to investigate. (By Friday, there were 524,633 uncounted ballots. There are 3.1 million registered voters in the state.) The advocates, who have been staging nearly continuous protests outside the Maricopa County Tabulation and Election Center, where most of the votes are being tallied, have raised accusations of disenfranchisement, saying the same Latino voters they worked so diligently to register may have been disproportionately affected. Based on accounts they have been collecting since before the polls closed, among the 115,000 voters who cast provisional ballots in Maricopa County on Tuesday were many first-time minority voters who signed up to get their ballots by mail, but never did. Were concerned that some of the barriers were seeing fell heavily on Latino and African-American voters, said Monica Sandschafer, acting coordinator for One Arizona, a coalition of nonprofit groups working to increase voter participation among working families. Volunteers took to the phones on Friday at the offices of Unite Here, which represents hospitality workers, calling Latinos on the early-voting registry to find out if they got their ballots in time

High school students who helped register many Latino voters demonstrated on Wednesday outside the Maricopa County Tabulation and Election Center
to vote by mail. Meanwhile, the Arizona chapter of the American Civil Liberties Union wrote a letter to the county recorder, Helen Purcell, saying the public confidence in the voting process was at stake. The uncertainty has also unsettled candidates and campaign staffs, prompting at least one of them Mark Napier, the Republican candidate for sheriff in Pima County, which had 80,735 uncounted votes on Wednesday to rescind his concession. I was down by 7,400 votes on election night, Mr. Napier said. I assumed it was over, but this election could change. Three Congressional races remained too close to call on Friday, and there were also some misgivings about the outcome of several other races. One of them was the United States Senate race, where, as of Friday, Jeff Flake, a Republican congressman, was ahead of his Democratic challenger, Richard H. Carmona, by 78,775 votes, according to unofficial results posted by the secretary of state. Mr. Carmona conceded on Tuesday; on Friday, in a message to supporters, he wrote, We will take every necessary step to make sure all of our supporters ballots are counted. Activists say that they believe, based on what they have heard from people in the field, that provisional ballots tended to be used most often in Hispanic and black neighborhoods. But that cannot be verified until all the ballots are counted, and officials in each of Arizonas 15 counties have until next Friday to do that.

Matt Roberts, a spokesman for Mr. Bennett, said that all valid votes would be counted. Advocates and elected officials are worried, though, that voters who had to cast conditional provisional ballots because they forgot to bring identification to the polls, as state law requires, may not know they have to present their ID at the county elections office by Wednesday for their vote to count. You should do it not just for the Democrats or the Republicans, or for the Hispanic voters and the black voters. You should do it because its the right thing to do, State Representative Ruben Gallego, a Democrat, said at a protest on Friday. Deborah Curtis, a poll observer at Xavier College Preparatory in Central Phoenix attending the same protest, said she saw a black voter being told she could drop off her early ballot only in her neighborhood precinct, although early ballots can be left at any polling place. I wondered how many other people were told the same thing, Ms. Curtis said. On Thursday night, more than a hundred people activists, high school students who are too young to vote but worked for months to register voters, and voters who said they were forced to use provisional ballots at the polls joined hands in a human chain and prayed outside the election center, a squat brick building on a desolate stretch of downtown, next to the train tracks and across the street from a jail. Friday morning, they marched five blocks along Third Avenue to the county recorders office, where they delivered a petition with at least 20,000 signatures, demanding answers. Outside, on small pieces of paper, they left messages taped to a wooden board. One of them read, We have rights. Another read, Justice.

WASHINGTON With many states lagging far behind schedule, the Obama administration said Friday that it would extend the deadline for them to submit plans for health insurance exchanges, the online markets where millions of Americans are expected to obtain private coverage subsidized by the federal government. The original Nov. 16 deadline will be extended to Dec. 14 and in some cases to Feb. 15, the administration said. The Congressional Budget Office predicts that 25 million people will obtain coverage through the new online shopping malls known as insurance exchanges. Most of them will receive federal subsidies averaging more than $5,000 a year per person to help them pay premiums. Every state is supposed to have an exchange by Jan. 1, 2014, when the federal government will require most Americans to have insurance. Many states delayed work on the exchanges to see the outcome of a Supreme Court case challenging the health care law, then waited to see if President Obama would be re-elected. If a state wants to run its own exchange, its governor still must submit a declaration of intent generally a brief letter of one or two pages by Nov. 16. But states will have more time to submit the detailed applications required by federal officials. The White House has repeatedly said that states were making excellent progress toward creation of the exchanges, even as Republican governors and state legislators expressed ambivalence or outright opposition. In addition, state officials who want to establish exchanges said they were having difficulty because Mr. Obama had yet to issue crucial regulations and guidance. In a letter to governors on Friday, Kathleen Sebelius, the secretary of health and human services, said that many states had asked for additional time to submit applications indicating whether they wanted to run their own

More time to submit plans for insurance exchanges under the health law.
exchanges or help the federal government run exchanges in their states. Under the Affordable Care Act, the federal government will run the exchanges in any states that are unable or unwilling to do so. Fewer than half the states have indicated that they will set up their own exchanges. If states want to run their own exchanges, Ms. Sebelius said, they will have until Dec. 14 to submit applications, or blueprints. And if states want to run exchanges in partnership with the federal government, she said, they will have until Feb. 15 to file applications. Ms. Sebelius said the new timetable would not defer the dream of affordable insurance for millions of Americans. Consumers in all 50 states and the District of Columbia will have access to insurance through these new marketplaces on Jan. 1, 2014, as scheduled, with no delays, Ms. Sebelius told governors. This administration is committed to providing significant flexibility for building a marketplace that best meets your states needs. Senator Orrin G. Hatch of Utah, the senior Republican on the Senate Finance Committee, said the change in the deadline was no surprise because the White House had not given states enough information or guidance to make decisions. Frankly, Mr. Hatch said, the fact that the exchanges are such a mess is pretty emblematic of how flawed the presidents health law is with states having to bear the brunt. Representative Charles Boustany Jr. of Louisiana, a spokesman for House Republicans on health policy, said he doubted that extending the deadline would make the law any more workable. Even in states where governors want to establish insurance exchanges, they need legal authority to do so, and Republican legislators have balked in some states. Federal officials hope that fierce competition among insurers offering health plans in the exchanges will drive down premiums. Joel S. Ario, a former director of the federal office for insurance exchanges who now advises states as a consultant at Manatt Health Solutions, said: The administrations decision is a good move. It increases the chances that more states will opt for a partnership exchange, rather than default to a federal exchange. An administration official said that Mr. Obama was on schedule in carrying out the law, and that starting in October, Americans will be able to enroll in health plans for coverage starting in January 2014.

Fickle Wisconsin Sends a Trusty Progressive to the Senate


By MICHAEL M. GRYNBAUM

MADISON, Wis. Her state, just two years ago, elected a darling of the Tea Party to the Senate, displacing a Democratic mainstay. When the conservative governor, Scott Walker, stripped most state workers of bargaining rights, voters here rejected an effort to recall him from office. And in 2006, a constitutional amendment defining marriage as the union of one man and one woman passed with the support of a clear majority of Wisconsinites the same electorate that on Tuesday voted for Representative Tammy Baldwin, making her the countrys first openly gay senator. Ms. Baldwins hard-fought victory, in a bruising, $65 million race against a popular Republican opponent, was a testament to the unorthodox politics of a state whose ideological swings can, to outside observers, evoke whiplash. But it was also a striking affirmation of Ms. Baldwin, 50, a soft-spoken but unflinching seven-term congresswoman who won over voters in her native state without moderating the starkly progressive views including lonely votes against the invasion of Iraq and the repeal of the Glass-Steagall Act, a law that curbed commercial banks that rou-

NARAYAN MAHON FOR THE NEW YORK TIMES

The victory of Representative Tammy Baldwin, a seven-term Democrat from Madison, Wis., makes her the countrys first openly gay senator.
tinely rank her among the most liberal lawmakers in the country. She has played down the historic nature of her win, befitting a race where Ms. Baldwins sexual orientation played little role. At her victory speech here on Tuesday, Ms. Baldwin did not get around to talking about it until halfway through, saying she was well aware that her victory was a milestone for gay

rights. After the enormous applause the loudest of the night died down, she added: But I didnt run to make history. I ran to make a difference. The flush of victory still seemed fresh for Ms. Baldwin during an interview on Thursday at her Madison office. Walking into a conference room, her eyebrows shot up at the site of an elaborate spray of flowers, a congratulatory gift from a supporter. I hadnt seen that yet, she said, a bit surprised. Her new title, senator-elect, remains foreign to her. It still perks my ears up whenever I hear somebody say that, she said. It was this self-effacing demeanor that helped Ms. Baldwin win over voters outside Dane County, the liberal enclave where she grew up and built her political career. Elected to the county Board of Supervisors at 24, she made her way to the State Assembly, and later to Congress, being elected Wisconsins first female representative in 1998. In Washington, Ms. Baldwin proved iconoclastic, once co-sponsoring a bill to impeach Vice President Dick Cheney, and influential: she championed the provision of President Obamas health care law that allows young adults to reContinued on Page A13

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THE NEW YORK TIMES NATIONAL SATURDAY, NOVEMBER 10, 2012

In View of a New South, Court Revisits Voting Act


From Page A1 changes that affect voting. Critics of the law call the preclearance requirement a unique federal intrusion on state sovereignty and a badge of shame for the affected jurisdictions that is no longer justified. The preclearance requirement, originally set to expire in five years, was upheld by the Supreme Court in 1966 as a rational response to the often flagrantly lawless conduct of some Southern officials then. Congress has repeatedly extended the requirement: for 5 years in 1970, 7 years in 1975, and 25 years in 1982. Congress renewed the act in 2006 after holding extensive hearings on the persistence of racial discrimination at the polls, again extending the preclearance requirement for 25 years. But it made no changes to the list of jurisdictions covered by Section 5, relying instead on a formula based on historical practices and voting data from elections held decades ago. It applies to nine states Alabama, Alaska, Arizona, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia and to scores of counties and municipalities in other states. Should the court rule that Congress was not entitled to rely on outdated data to decide which jurisdictions should be covered, lawmakers could in theory go back to the drawing board and reenact the law using fresher information. In practice, given the political realities, a decision striking down the coverage formula would probably amount to the end of Section 5. In May, a divided three-judge panel of the United States Court of Appeals for the District of Columbia rejected a challenge to the law filed by Shelby County, Ala. Judge David S. Tatel, writing for the majority, acknowledged that the extraordinary federalism costs imposed by Section 5 raise substantial constitutional concerns, and he added that the record compiled by Congress to justify the laws renewal was by no means unambiguous. But Congress drew reasonable conclusions from the extensive evidence it gathered, he went on. The constitutional amendments ratified after the Civil War, he said, entrust Congress with ensuring that the right to vote surely among the most important guarantees of political liberty in the Constitution is not abridged on account of race. In this context, we owe much deference to the considered judgment of the peoples elected representatives. The dissenting member of the panel, Judge Stephen F. Williams, surveyed recent evidence concerning registration and turnout, the election of black officials, the use of federal election observers and suits under another part of the law. Some of that evidence, he said, suggests that the coverage formula completely lacks any rational connection to current levels of voter discrimination, while other evidence indicates that the formula, though not completely perverse, is a remarkably bad fit with Congresss concerns. Given the drastic remedy imposed on covered jurisdictions by Section 5, he wrote, I do not believe that such equivocal evidence can sustain the scheme. The Supreme Court has already once considered the constitutionality of the 2006 extension of the law in a 2009 decision, Northwest Austin Municipal Utility District Number One v. Holder. But it avoided answering the central question, and it seemed to give Congress an opportunity to make adjustments. Congress did not respond. At the argument of the 2009 case, Justice Anthony M. Kennedy questioned whether the distinctions drawn in the 2006 law reflect contemporary realities. Congress has made a finding that the sovereignty of Georgia is less than the sovereign dignity of Ohio, Justice Kennedy said. The sovereignty of Alabama is less than the sovereign dignity of Michigan. And the governments in one are to be trusted less than the governments in the other. No one questions the validity, the urgency, the essentiality of the Voting Rights Act, he added. The question is whether or not it should be continued with this differentiation between the states. And that is for Congress to show. In the end, the court, in an

LUKE SHARRETT FOR THE NEW YORK TIMES

A rally for immigration reform in Washington on Thursday. Speaker John A. Boehner called for a comprehensive approach.

Republicans Reconsider Positions on Immigration


By JULIA PRESTON

After a presidential election in which Latino voters rewarded President Obama while punishing Republicans for their positions on immigration, Republican leaders and prominent conservatives moved quickly this week to shift to new ground, saying they could support some kind of legislation to fix illegal immigration. The prospects for an immigration overhaul next year improved with stunning speed after the vote, with John A. Boehner, the speaker of the House, who had long resisted any broad immigration bill, saying on Thursday that a comprehensive approach is long overdue. Haley Barbour, a Republican elder statesman and former governor of Mississippi, echoed Mr. Boehner, and Sean Hannity, the conservative talk show host in a startling turnaround joined calls for measures opening pathways to legal status for illegal immigrants. One of every 10 voters who cast ballots on Tuesday was a Latino, and they favored President Obama, with 71 percent of their votes, compared with 27 percent for Mitt Romney, forcing Republican leaders to wonder if they could ever regain the presidency without increasing their appeal to Hispanic Americans. Mr. Obama wasted no time, renewing in his acceptance speech early Wednesday his promise to move in the coming weeks and months on fixing our immigration system. A host of advocates noted that the coalition of forces supporting a thorough repair of the immigration system, including the offer of legal status for more than 11 million illegal immigrants, is broader and more organized than ever before. It includes Latino organizations, business and agricultural employers, libertarian conservatives, evangelical Christians and law enforcement Jennifer Steinhauer contributed reporting.

groups. Is the Republican disconnect with the Latino community temporary or permanent? asked the Rev. Samuel Rodriguez, president of the National Hispanic Christian Leadership Conference, the largest organization of Hispanic evangelicals. The Republicans can redeem the narrative with this community by passing comprehensive immigration reform, Mr. Rodriguez said Thursday. Republicans, in soul-searching after their loss, weighed the lessons from Mr. Romneys failed campaign. Looking at polls that showed immigration was not the top subject of concern for Latinos, Mr. Romney avoided the issue when he could and instead based his appeal to them on the economic themes he used with other voters. That was a serious misunderstanding of Latino sensibilities, leaders said. How you talked about immigrants sent a signal on what kind of perspective you had on Latinos over all, said Arturo Vargas, executive director of the National Association of Latino Elected and Appointed Officials Educational Fund, a bipartisan group. Mr. Romney never recovered after he moved to the right during the primaries, saying he would pressure immigrants to self-deport and veto the Dream Act, a bill to give legal status to young immigrants here illegally that enjoys near-universal support among Latinos. Mr. Obama lifted his sinking standing with Hispanics in June when he offered two-year reprieves from deportation and work permits to hundreds of thousands of those young immigrants, an action so popular it made Latinos overlook his having deported more than 1.4 million people during his term. But many Republicans attacked the reprieves as amnesty by fiat, and Mr. Romney said he would cancel them if he became president. In exit polls on Tuesday, 77 per-

cent of Hispanic voters said immigrants here illegally should have a chance to apply for legal status, while 18 percent said they should be deported. In the polls, 65 percent of all voters favored legal status for those immigrants, while 28 percent said they should be deported. Mr. Boehner chose his words carefully on Thursday, in an interview with ABC News. Saying he was ready for a comprehensive approach, he said he was confident that Congress and Mr. Obama could find common ground to take care of this issue once and for all. Speaking to reporters in Wash-

Haley Barbour and Sean Hannity climb on board.


ington on Friday, Mr. Boehner declined to say whether he was endorsing a path to citizenship for illegal immigrants. What Im talking about is a common-sense step-by-step approach that would secure our borders, allow us to enforce our laws and fix a broken immigration system, he said. But again, he added, on an issue this big, the president has to lead. Mr. Boehners use of the word comprehensive caused a stir, because supporters of legal status for immigrants who lack it have long called their proposal comprehensive immigration reform. Mr. Hannity was more forthright. On his show on Thursday, he said he had evolved and now believed that if people are here, law-abiding, participating for years, their kids are born here, you know, first secure the border, then pathway to citizenship, done. Those comments created new openings for Republicans who

were already urging a more inclusive approach, including Senator Marco Rubio, Representative Ileana Ros-Lehtinen and former Gov. Jeb Bush, all of Florida. In recent years, traditional immigrant and Latino groups worked to organize and expand their base of support, finding middle ground with Republicans in state offices worried about the party slipping with minorities. The attorney general of Utah, Mark Shurtleff, a conservative Republican, said he was part of an education campaign to persuade Republican officials that they need to reject the run-emout, deport-em, enforcementonly approach that people think is the only voice of the Republican Party. The emerging coalition includes technology companies seeking more visas for highskilled immigrants, growers seeking legal farm workers, evangelical pastors responding to huge growth in their churches from Latino immigrants and young undocumented immigrants whose protests pushed the White House to offer the deportation reprieves. Last month Grover Norquist, the fiscal hawk who is president of Americans for Tax Reform, said in a speech in Indianapolis that more immigration, including legal status for those here illegally, was vital to economic revival. However, it was evident almost immediately after Mr. Boehner spoke on Thursday that many Congressional Republicans would be hostile to comprehensive immigration-reform efforts. Im urging the speaker to talk with House Republicans before making pledges on the national news, said Representative John Fleming, Republican of Louisiana. The first thing we need is for President Obama to finally enforce current immigration law and strengthen our borders. To take up any other agenda is bad policy for the American people and bad politics for Republicans.

After 47 years, special attention to election law that may not be needed in some states.
8-to-1 decision, ducked the central question and ruled instead on a narrow statutory ground, saying the utility district in Austin, Tex., that had challenged the constitutionality of the law might be eligible to bail out from being covered by it. Still, Chief Justice John G. Roberts Jr., writing for the majority, was skeptical about the continued need for Section 5. The historic accomplishments of the Voting Rights Act are undeniable, he wrote. But things have changed in the South. Voter turnout and registration rates now approach parity, he wrote. Blatantly discriminatory evasions of federal decrees are rare. And minority candidates hold office at unprecedented levels. The statutes coverage formula is based on data that is now more than 35 years old, he added,and there is considerable evidence that it fails to account for current political conditions. Having said all of that, and acknowledging that the courts alternative ruling had stretched the text of the statute, Chief Justice Roberts said the court should avoid deciding hard constitutional questions when it could. Whether conditions continue to justify such legislation is a difficult constitutional question we do not answer today, he wrote. On Friday, in agreeing to hear the case, Shelby County v. Holder, No. 12-96, the court indicated that it is prepared to provide an answer to the question it left open three years ago.

Obama to Insist on Tax Increase for Wealthy, Saying Re-election Validates Approach
From Page A1 folks making under $250,000 a year, he said. So lets not wait. The presidents comments came shortly after Speaker John A. Boehner, who had been striking a conciliatory tone since Republican election losses in the Senate and the House, told reporters that Republicans had won a mandate of their own by retaining control of the House and that he supported continuing rates enacted in the Bush-era tax cuts for all income levels. Raising tax rates will slow down our ability to create the jobs that everyone says they want, said Mr. Boehner, who said he favored generating any new federal revenue to offset the deficit by closing tax loopholes and limiting deductions. Its clear that there are a lot of special interest loopholes in the tax code, both corporate and personal, he said. Its also clear that there are all kinds of deductions, some of which make sense; others dont. And by lowering rates and cleaning up the tax code, we know were going to get more economic growth. The president and Mr. Boehner were careful with their language and left room for compromise despite their fundamental differences about shifting more of the tax burden to high-income Americans. Mr. Boehner would not be very specific on what his goal might be for raising new federal tax dollars. I dont want to box myself in, he said. I dont want to box anybody else in. I think its important for us to come to an agreement with the president. But this is his opportunity to lead. The speaker, who has struggled with his more conservative rank and file in the past, said he was confident that he could pass a deal if one was reached with the White House. When the president and I have been able to come to an agreement, there has been no problem getting it passed here in the House, he said. House Republican leadership aides found some positive signals in Mr. Obamas combative tone. They noted that he never specified he wants tax rates to rise, only that he wants additional revenues generated by taxes on the rich. That would give both sides the latitude to devise a restructured tax code that eliminates or limits tax deductions and credits for the rich or that follows Mitt Romneys proposal to cap deductions at a set limit for rich households, though many analysts say that approach alone cannot raise the revenue Democrats want. Any agreement to avert a fiscal crisis in January, when hundreds of billions of dollars in automatic tax increases and spending cuts kick in, now revolves around the definition of tax increases. Mr. Boehner is holding the line against any increase in tax rates, even for the richest Americans, who currently are in the 35 per-

Returning to a point of contention with House Republicans.


cuts that occur if there is no deal and there is deep concern that failure could harm the economy the shape of a final compromise remains unclear. New reports this week by the Congressional Budget Office found that the automatic tax increases and spending cuts would cut the deficit by $503 billion through next September. But the reports said that the austerity could cause the economy to shrink by 0.5 percent next year, and would lead to the loss of millions of jobs. The Congressional leaders will be heading to the White House on Friday, administration officials said, just before Mr. Obama leaves for Cambodia, Myanmar and Thailand, where he will attend economic meetings with world leaders. He is certain to come under pressure there to reach a deal with Republicans since the American economy is doing better than most other global economies, and a slowdown in the United States is widely viewed as potentially catastrophic to the global economy. Its time to get back to work, the president said at the White House. And there is plenty of work to do.

DOUG MILLS/THE NEW YORK TIMES

President Obama, in the East Room on Friday, held up a pen to show his readiness to sign a bill.
cent tax bracket. But he is leaving open the possibility of a tax overhaul that raises more revenue than the existing code. Representative Steny H. Hoyer of Maryland, the No. 2 Democrat, echoed the view at the White House that Americans want to see taxes on the wealthy go up. In a statement after Mr. Obama spoke, Mr. Hoyer said that on Tuesday, the American people made it clear that they support a balanced approach to bring down deficits and set our nation back on a sound fiscal path one that does not ask working families and those struggling to get by to bear the burden of deficit reduction, but instead asks the wealthiest Americans to pay their fair share. While Mr. Obama was careful not to demand that tax rates rise, Jay Carney, the White House press secretary, said just an hour later that the president would veto any legislation extending the expiring tax cuts for families making $250,000 or more. For all the talk of compromise, neither side offered any suggestion of where it might back down. While both sides agree on the need to avoid triggering the automatic tax increases and spending

THE NEW YORK TIMES NATIONAL SATURDAY, NOVEMBER 10, 2012

A13

Democrats on Cusp of Winning Supermajority in California Legislature


By NORIMITSU ONISHI

SAN FRANCISCO Californias Democrats were poised on Friday to gain a two-thirds supermajority in the State Legislature, an achievement that would give them the power to raise taxes unilaterally and could potentially ease the gridlock in a state known for its fiscal chaos. A supermajority in Sacramento last held in 1933 by the Republicans would effectively bring one-party rule to the nations largest state, where Democrats hold all statewide offices and where the Republican Partys declining fortunes have been hastened by a recent nonpartisan redistricting. Democrats, as expected, quickly secured a supermajority in the State Senate on Tuesday. But the unexpected possibility of adding a supermajority in the Assembly heightened the Democrats euphoria after Tuesdays election, in which Gov. Jerry Browns $6 billion tax initiative, Proposition

30, scored a resounding victory despite fierce opposition from inside and outside the state. County election officials were still tallying the ballots in two tight Assembly races that Democrats were leading by slim margins and need to secure a supermajority in that chamber. Democratic leaders, however, were already talking about the opportunities and pitfalls of a new era in state government. What the people have done is to grant us a tremendous opportunity, but it comes with great responsibility, said Darrell Steinberg, the Democratic Senate leader. We intend to approach it with strength, with humility and a sense of purpose. Every day when I come to work, Im going to be aware of the risk of overplaying it. For the past decade, California has undergone a series of fiscal crises as the Democratic-controlled Legislature was unable to bring in new revenue through

higher taxes, and Republicans adamantly opposed to any new taxes blocked the budgetary process. Mr. Browns tax initiative is expected to yield $6 billion annually over the next seven years through temporary tax increases, which he said would prevent further cuts in spending, especially in education. Mr. Steinberg talked of reinvesting in California in smart ways. But John A. Prez, the Assembly speaker, was more reserved, saying that he did not consider a supermajority a broad electoral mandate. Nothing changes, Mr. Prez, a Democrat, said in an interview. The reality is that voters sent the message to individual districts. This wasnt voters saying: How do I cause a two-thirds majority to exist? Proposition 30s success, he said, was not an invitation to go beyond that in raising additional taxes, adding that there was no issue that needed to be put on the

ballot immediately. It is not clear to what extent the new revenue will restore deep cuts that have been made in education, health care and other areas. But what is clear, experts said, is that the Democrats will

Opportunities and pitfalls in a new era of state government.


face intense pressure from core supporters like labor unions to increase spending on social programs, possibly through further tax increases. Those pressures will be very large, and its going to be a real test for the party to speak truth to their own constituencies about whats possible, said Raphael J. Sonenshein, the executive direc-

tor at the Edmund G. Pat Brown Institute of Public Affairs at California State University, Los Angeles. What could really turn this victory to disaster is if the constituencies within the party begin to fight with each other for scarce resources and say, for example, I was the one who guaranteed the partys victory in the election. Mr. Brown repeatedly has emphasized the need for frugality, saying recently that he had eaten a two-day-old tuna sandwich as proof of his personal commitment. He ran for governor in 2010 on a pledge to put any tax increase to the voters. But on Wednesday, he hedged when asked whether he would veto any future tax increase that was approved only by the Legislature. With Mr. Browns tax increase now expected to help balance the state budget, Democratic legislators may not have a pressing need to exercise their new power. Theres kind of an irony in

this, said Ethan Rarick, director of the Robert T. Matsui Center for Politics and Public Service at the University of California, Berkeley. The Democrats now have two-thirds at just the moment that they dont need it, because the voters just raised taxes for them. But for Republican lawmakers, whose defining mission in the past decade has been to oppose any tax increase, carving out a new role will be critical. Registered Republicans dipped below 30 percent of the states electorate for the first time this election. We believe were on the right track, Connie Conway, the Assembly minority leader, said of the Republican focus on the budget, jobs and the economy. If people arent hearing this, I need to find out why. Is it my message? Is it the way my message is delivered? Is it the people I have delivering the message? We really want to take some time to figure out what we need to do.

Another Bush May Run for Office in Texas


By MANNY FERNANDEZ

ANDY MANIS/ASSOCIATED PRESS

In her victory speech, Ms. Baldwin said she ran not to make history, but to make a difference.

Fickle State Picks Trusty Progressive


From Page A11 main on their parents insurance plans until age 26. But she began her Senate bid as the underdog, facing a centrist former governor, Tommy G. Thompson, who was on a firstname basis with many voters. (The race was soon dubbed Tommy vs. Tammy.) Ms. Baldwin built support farm by farm, trudging through potato fields, armed with a maternal smile and a touch of down-home lilt. It was the type of outreach she has pursued since her days on the student council at Van Hise Middle School in Madison. As an eighth grader, Ms. Baldwin mediated a dispute between a neighbor of the school and students who were trampling her flower bed. The bipartisan solution: a fence. It was the first time I had this spark that one person could make a difference, Ms. Baldwin recalled on Thursday, as the sun glinted off a blue sliver of Lake Monona in the background. Tammy Suzanne Green Baldwin was born in Madison, in 1962, to a 19-year-old mother, a college student in the midst of a divorce. She was raised by her grandparents, a scientist and a costume designer, seeing her mother, who became active in the civil rights movement, on weekends. Ms. Baldwin came out, privately, as a college student at Smith, where she was deeply inspired by Harvey Milk, the gay rights activist killed in 1978. She identisubject and age (childhood: Dr. Seuss; college: Plato). She also wades into more philosophical matters, writing that women can be passively discouraged from entering politics by the subtle messages that society sends. Passivity did not prove a problem as her Senate race heated up. In a state whose progressive forefather, Robert La Follette, carried the nickname Fighting Bob, Ms. Baldwin paired her amiable presence with brass-knuckle attacks against Mr. Thompson, who emerged weakened from a tough primary. The candidates traded increasingly nasty barbs, which ran nonstop on television. I wasnt nave, said Ms. Baldwin, who volunteered no qualms about the races brutishness. It was important, she added, for Wisconsin to have a fighter in the Senate. Reflecting on her victory, Ms. Baldwin said she saw no contradictions in Wisconsins seesawing political rhythms. But is it strange for a state that passed an initiative against gay marriage to elect a gay senator? I suspect, she said, we might have had a different outcome had that initiative been on the ballot in 2012, not 2006.

AMARILLO, Tex. George P. Bush, a nephew of former President George W. Bush, has filed papers indicating that he intends to run for statewide office in Texas, the first official step toward public office for a young lawyer whom many Texas Republicans view as one of their dynamic future stars. Mr. Bush, 36, whose father, Jeb, is a former Florida governor, filed paperwork with the Texas Ethics Commission in Austin on Wednesday appointing a campaign treasurer, a requirement of any candidate seeking state-level office. The filing came nearly 12 years after his uncle left the Governors Mansion in Austin to become the 43rd president of the United States. Mr. Bush left blank the section where candidates list the offices they are seeking. Some political operatives close to him say that Mr. Bush has not yet made a decision on what position to run for in the 2014 elections. Although many believe that he is likely to run for state land commissioner or attorney general, other offices are not out of the question. Mr. Bush lives in Fort Worth,

VALLEY MORNING STAR, VIA ASSOCIATED PRESS

George P. Bush, the former presidents nephew, at a Republican Party rally last month in Harlingen, Tex.
and he has been working in the background of Texas politics for years. He was a co-founder of the Hispanic Republicans of Texas, a political action committee that recruits and supports Hispanic Republican candidates and officeholders. Mr. Bushs mother, Columba Bush, is Mexican-Ameri-

can. Among Texas Republicans who have been working to get more Hispanics to join their ranks, Mr. Bush has long been considered a candidate in the making. George P. was recently our guest down here in the Valley, where we held an event for him, said a state representative, Aaron Pena, a Republican who represents part of Hidalgo County in the Rio Grande Valley. The level of excitement was through the roof. With Republicans having lost the Hispanic vote in Tuesdays presidential election, he added, George P.s candidacy is the sort of remedy that were looking for. One Democratic state representative, Trey Martinez Fischer of San Antonio, had a different view. He said that either Mr. Bush would change the state Republican Party or the party would change him. Considering the extreme views of those in charge, my money is on the party changing him, he said.

Remember the Neediest!

Tammy Baldwin did little to moderate her starkly liberal views.


fied publicly as a lesbian in 1986 in The Wisconsin State Journal, Madisons newspaper, encouraged by a friend. I was quite nervous about it, she recalled, although the reception was positive, save for a single crank call. It was one of the most freeing days of my life, she said. She is not shy. Her Congressional Web site includes a 3,528word question-and-answer section, where Ms. Baldwin expounds on her upbringing, the challenges of coming out and her favorite books, broken down by

National Briefing
MIDWEST

Ohio: Teen Gets Life in Craigslist Ploy


A teenager was sentenced Friday in Akron to life in prison without parole for his role in a deadly plot to lure men desperate for work with phony Craigslist job offers. Brogan Rafferty, 17, was convicted of aggravated murder and attempted murder in the deaths of three men and the wounding of a fourth. Mr. Rafferty claimed he feared for himself and his family if he did not cooperate with his co-defendant, (AP) Richard Beasley, 53, who faces a Jan. 7 trial.

versity of California, Berkeley. The Board of Regents will vote this month on the appointment, made by the University of Californias president, Mark Yudof. Dr. Dirks, 61, an anthropologist and historian who has written three books on India, would succeed TAMAR LEWIN Robert J. Birgeneau.

California: Spouse Faces Murder Charge


An Iraqi immigrant was arrested on first-degree murder charges in the beating death of his wife, a mother of five whose killing was initially feared to be a hate crime. Kassim Alhimidi, 48, was arrested on Thursday in the death of Shaima Alawadi, also an Iraqi immigrant, who was found in their home in El Cajon with an anti-Muslim note beside her body, El Cajon police said Friday. The killing shocked members of the citys large Muslim immigrant community, some of whom feared it had been a hate crime, a possibility Mr. Alhimidi spoke about in the days after his wifes death. Jim Redman, police chief in El Cajon, said the killing was the result of a domestic IAN LOVETT violence incident, not a hate crime.

Michigan: Charges in Shooting Spree


Raulie Wayne Casteel, the suspect in 24 shootings in the past month in four counties that border the Interstate, was arraigned in Oakland County on Friday on 60 charges, including eight counts of assault with intent to commit murder, a felony that can carry a penalty of life imprisonment. The charges were filed in connection with shootings in Wixom, where Mr. Casteel lived, and in nearby Commerce Township. He was ordered held without bond. The shootings, which appeared to be aimed randomly at cars on Interstate 96 and other main roads, terrorized residents but wounded only one person, a man who was driving to a World Series game. ERICA GOODE

WASHINGTON

SEALs in Video Game Project Punished


Seven members of Navy SEAL Team 6, including one involved in the mission to get Osama bin Laden, received reprimands and forfeited some pay for disclosing classified information to the maker of a video game, Medal of Honor: Warfighter, senior Navy officials said Thursday. The SEAL members did not seek permission to take part in the project and showed video designers their specially designed (AP) combat equipment, a military official said.

WEST

California: Historian Named Chancellor


Nicholas B. Dirks, Columbia Universitys executive vice president for arts and sciences and dean of the faculty, has been chosen to be chancellor of the Uni-

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THE NEW YORK TIMES NATIONAL SATURDAY, NOVEMBER 10, 2012

Woman Linked to Petraeus Is a West Point Graduate and Lifelong High Achiever
By MICHAEL D. SHEAR

WASHINGTON Paula Broadwell, whose affair with the nations C.I.A. director led to his resignation on Friday, was the valedictorian of her high school class and homecoming queen, a fitness champion at West Point with a graduate degree from Harvard, and a model for a machine gun manufacturer. It may have been those qualities and a string of achievements that began in her native North Dakota, where she was state student council president, an all-state basketball player and orchestra concertmistress that drew the attention of David H. Petraeus, the nations top spy and a four-star general, as the two spent hours together for a biography of Mr. Petraeus that Ms. Broadwell co-wrote. Ms. Broadwells name burst into public view on Friday evening after Mr. Petraeus re-

signed abruptly amid an F.B.I. investigation that uncovered evidence of their relationship. But Ms. Broadwell was hardly shy about her interactions with Mr. Petraeus as she promoted her book, All In: The Education of General David Petraeus, in media appearances earlier this year. She had unusual access, she noted in promotional appearances, taping many of her interviews for her book while running six-minute miles with Mr. Petraeus in the thin mountain air of the Afghan capital. Ms. Broadwell said in an interview in February that Mr. Petraeus was enjoying his new civilian life at the C.I.A., where he became director in September 2011. It was a huge growth period for him, because he realized he didnt have to hide behind the shield of all those medals and stripes on his arm, she said. Ms. Broadwell was 39 at the time. Her biography on the Penguin

Speakers Bureau Web site says that she is a research associate at Harvards Center for Public Leadership and a Ph.D. candidate in the Department of War Studies at Kings College London. She received a masters in public

Interviewing a general while running six-minute miles.


administration from Harvards Kennedy School of Government. A self-described soccer mom and an ironman triathlete, Ms. Broadwell became a fixture on the Washington media scene after the publication of her book about Mr. Petraeus, who is 60. In a Twitter message this summer, she bragged about appearing on

a panel at the Aspen Institute, a policy group for deep thinkers. Heading 2 @AspenInstitute 4 the Security Forum tomorrow! Panel (media & terrorism) followed by a 1v1 run with Lance Armstrong, she wrote. Fired up! On her Twitter account, she often commented on the qualities of leadership. Reason and calm judgment, the qualities specially belonging to a leader. Tacitus, she wrote. In another message, she said: A leader is a man who has the ability to get other people to do what they dont want to do and like it. Truman. She also used her Twitter account to denounce speculation in the Drudge Report that Mr. Petraeus would be picked as a running mate by Mitt Romney, the Republican candidate for president. Married with two children, she was described in a biography on the Web site of Inspired Women

Magazine as a high achiever since high school. The biography says that Ms. Broadwell received a degree in political geography and systems engineering from West Point, where she was ranked No. 1 over all in fitness in her class. She benefited from a different ranking scale for women, she told a reporter this year. But I was still in the top 5 percent if Id been ranked as a male, she said. The official Web site for Ms. Broadwells book was taken down Friday, but comments from her echoed across the Internet. I was driven when I was younger, she was quoted as saying on the Web site, noting her induction into her high schools hall of fame. Driven at West Point where it was much more competitive in that women were competing with men on many levels, and I was driven in the military and at Harvard, both competitive environments.

But now, she is quoted as saying, as a working mother of two, I realize it is more difficult to compete in certain areas. I think it is important for working moms to recognize that family is the most important. On The Daily Show, Jon Stewart summed up Ms. Broadwells book by saying: I would say the real controversy here is, is he awesome or incredibly awesome?A short time later, Ms. Broadwell challenged Mr. Stewart to a push-up contest, which she won handily. Mr. Stewart had to pay $1,000 to a veterans support group for each push-up she did beyond his total. Ms. Broadwell said that he wrote a check for $20,000 on the spot. On Friday evening, her house in the Dilworth neighborhood of Charlotte, N.C., was dark when a reporter rang the doorbell. Two cars were in the homes carport and an American flag was flying out front.

Petraeus Resigns at C.I.A.; F.B.I. Discovered Affair


From Page A1 agreed. As for how the affair came to light, the Congressional official said that it was portrayed to us that the F.B.I. was investigating something else and came upon him. My impression is that the F.B.I. stumbled across this. The Federal Bureau of Investigation did not inform the Senate and House Intelligence Committees about the inquiry until this week, according to Congressional officials, who noted that by law the panels and especially their chairmen and ranking members are supposed to be told about significant developments in the intelligence arena. The Senate committee plans to pursue the question of why it was not told, one official said. The revelation of a secret inquiry into the head of the nations premier spy agency raised urgent questions about Mr. Petraeuss 14-month tenure at the Reporting was contributed by Peter Baker, Helene Cooper, Michael S. Schmidt, Eric Schmitt and Scott Shane. C.I.A. and the decision by Mr. Obama to elevate him to head the agency after leading the countrys war effort in Afghanistan. White House officials said they did not know about the affair until this week, when Mr. Petraeus informed them. After being married for over 37 years, I showed extremely poor judgment by engaging in an extramarital affair, Mr. Petraeus said in his statement, expressing regret for his abrupt departure. Such behavior is unacceptable, both as a husband and as the leader of an organization such as ours. This afternoon, the president graciously accepted my resignation. Mr. Petraeuss admission and resignation represent a remarkable fall from grace for one of the most prominent figures in Americas modern military and intelligence community, a commander who helped lead the nations wartime activities in the decade after the Sept. 11 attacks and was credited with turning around the failing war effort in Iraq. Mr. Petraeus almost singlehandedly forced a profound evolution in the countrys military thinking and doctrine with his

COMMAND SGT. MAJ. MARVIN L. HILL

Gen. David H. Petraeus with Paula Broadwell on their way to Afghanistan in June 2011. She has described him as her mentor.
philosophy of counterinsurgency, focused more on protecting the civilian population than on killing enemies. More than most of his flag officer peers, he understood how to navigate Washington politics and news media, helping him rise through the ranks and obtain resources he needed, although fellow Army leaders often resented what they saw as a grasping careerism. To an important degree, a generation of officers tried to pattern themselves after Petraeus, said Stephen Biddle, a military scholar at George Washington University who advised Mr. Petraeus at times. He was controversial; a lot of people didnt like him. But everybody looked at him as the model of what a modern general was to be. At the C.I.A., Mr. Petraeus maintained a low profile, in contrast to the celebrity that surrounded him as a general. But since the attack in Benghazi, Libya, that killed four Americans two months ago, critics had increasingly pressured him to give the agencys account of the chaotic night. Mr. Petraeus was scheduled to testify before a closed Congressional hearing next week. White House officials say they were informed on Wednesday night that Mr. Petraeus was considering resigning because of an extramarital affair. Intelligence officials notified the presidents national security staff. Mr. Obama at the time was on his way back to Washington from Chicago, where he had gone to receive election returns. On Thursday morning, just before a staff meeting at the White House, Mr. Obama was told. He was surprised, and he was disappointed, one senior administration official said. You dont expect to hear that the Thursday after you were re-elected. The president was in the White House all day on Thursday, getting back to his old routine after months on the campaign trail. That afternoon, Mr. Petraeus came in to see him, and informed him that he strongly believed he had to resign. Mr. Obama did not accept his resignation right away. He told him, Ill think about it overnight, the administration official said. After months on the road, the disclosure of a careerkilling extramarital affair from his larger-than-life C.I.A. director was the last thing that Mr. Obama was expecting, the official said. The president, officials said, did not want Mr. Petraeus to leave. But he ultimately decided that he would not lean heavily on him to stay. On Friday, he called Mr. Petraeus and accepted the resignation, agreeing with Petraeuss judgment that he couldnt continue to lead the agency, a White House official said. The White House had hoped to keep the news under wraps until after the daily briefing for the Point; she was the daughter of the academys superintendent and a student at Dickinson College in Pennsylvania. Holly Petraeus works for the Consumer Financial Protection Bureau, running a branch dedicated to educating military families about financial matters and monitoring their consumer complaints. Mr. Petraeuss resignation and the circumstances surrounding it stunned military officers who have served alongside him in war zones over the past two decades and the national security establishment he later served. It was a punch in the gut for those of us who know him, said Col. Michael J. Meese, a professor at West Point who has known Mr. Petraeus for a decade and served as one of his top aides in Bosnia, Iraq and Afghanistan. Daves decision to step down represents the loss of one of our nations most respected public servants. James R. Clapper, the director of national intelligence, said in a statement. By acknowledging an extramarital affair, Mr. Petraeus, 60, was confronting a sensitive issue for a spy chief. Intelligence agencies are often concerned about the possibility that agents who engage in such behavior could be blackmailed for information. Mr. Petraeus praised his colleagues at the C.I.A.s headquarters in Langley, Va., calling them truly exceptional in every regard and thanking them for their service to the country. He made it clear that his departure was not how he had envisioned ending a storied career in the military and in intelligence. Teddy Roosevelt once observed that lifes greatest gift is the opportunity to work hard at work worth doing, he said. I will always treasure my opportunity to have done that with you, and I will always regret the circumstances that brought that work with you to an end. Under Mr. Bush, Mr. Petraeus was credited for helping to develop and put in place the surge in troops in Iraq that helped wind down the war there. Mr. Petraeus was moved to Afghanistan in 2010 after Mr. Obama fired Gen. Stanley A. McChrystal over comments he made to a reporter. In his statement on Friday, Mr. Obama said that Michael J. Morell, the deputy director of the C.I.A., would take over once again as acting director, as he did briefly after Leon E. Panetta left the agency last year. Among those who might succeed Mr. Petraeus permanently is John O. Brennan, the presidents adviser for domestic security and counterterrorism. Mr. Brennan was considered for C.I.A. director before Mr. Obamas term began but withdrew amid criticism from some of the presidents liberal supporters. Another possibility is Michael G. Vickers, the top Pentagon intelligence policy official and a former C.I.A. paramilitary officer.

Top lawmakers learn of a resignation hours before its announced.


news media, but as it was reported on MSNBC, reporters checking their e-mail confronted Jay Carney, the press secretary, who tried to duck the questions. I think Ill let General Petraeus address this, Mr. Carney said. Shortly after the news broke, Mr. Obama released a statement praising Mr. Petraeus for his extraordinary service to the country and expressing support for him and his wife, Holly. By any measure, through his lifetime of service, David Petraeus has made our country safer and stronger, the president said. Without directly addressing the affair, Mr. Obama added, Going forward, my thoughts and prayers are with Dave and Holly Petraeus, who has done so much to help military families through her own work. A favorite of President George W. Bush and once the subject of intense speculation about his future as a possible presidential candidate, Mr. Petraeus managed the awkward move from a Republican administration to a Democratic one. He was one of the most telegenic faces of the military during his tenure, testifying frequently in Congress about the countrys difficult battles overseas. Mr. Petraeus clashed with Mr. Obama in 2008 during a campaign visit to Iraq, having what David Plouffe, his campaign manager, called in his book a healthy debate over troop levels in the country. But the presidents decision to tap Mr. Petraeus to command the war in Afghanistan, and later picking him to lead the C.I.A., effectively ended lingering concerns among Obama political advisers that the popular general might challenge his commander in chief during the election. Mr. Petraeus and his wife met when he was a cadet at West

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SATURDAY, NOVEMBER 10, 2012

A Flooded Mess That Was a Medical Gem


Damage to NYU Langone Center in Manhattan May Cost $1 Billion
By ANEMONA HARTOCOLLIS

The federal governments emergency management chief trudged through darkened subterranean hallways covered with silt and muddy water Friday, as he toured one of New York Citys top academic medical centers in the aftermath of Hurricane Sandy. The basement of the complex, NYU Langone Medical Center in Manhattan, smelled like the hold of a ship a mixture of diesel oil and water. Youre going to deal with the FUD fear, uncertainty and doubt, W. Craig Fugate, administrator of the Federal Emergency Management Agency, told NYU Langone officials afterward, as they retreated to a conference room to catalog the losses. Dont look at this. Think about whats next. NYU Langone, with its combination of clinical, research and academic facilities, may have been the New York City hospital that was most devastated by Hurricane Sandy. Whats next is a spectacularly expensive cleanup. Dr. Robert I. Grossman, dean and chief executive of NYU Langone, looking pale and weary as if he were, indeed, struggling to hold back the FUD estimated that the storm could cost the hospital $700 million to $1 billion. His estimate included cleanup, rebuilding, lost revenue, interrupted research

projects and the cost of paying employees not to work. As the hurricane raged, the East River filled the basement of the medical center, at 32nd Street and First Avenue, knocked out emergency power and necessitated the evacuation of more than 300 patients over 13 hours in raging wind, rain and darkness. It disrupted medical school classes and shut down high-level research projects operating with federal grants. Mr. Fugate arrived to inspect the damage and help plot the institutions recovery, the advance guard of what aides said would be a hospital task force. He was brought in by Senator Charles E. Schumer of New York, who kept saying that there was nothing like seeing the damage firsthand to understand how profound it really was. What was that movie Contagion? Mr. Schumer said, marveling at the hellish scene. NYU Langones patients, a major source of revenue, have been scattered to other hospitals, creating a risk that they may never return. Dr. Grossman said he was counting on those patients loyalty. John Sexton, president of New York University, which includes NYU Langone, and who also met with Mr. Fugate, raised fears that researchers might be lured away to other institu-

tions because their grants were ticking away on deadline or because they must publish or perish. Outside the hospital, tanks of liquid nitrogen testified to the efforts to keep research materials from spoiling. In inky blackness, the group stood at the brink of the animal section of the Smilow Research Center, where rodents for experiments had been kept, but they did not go inside. On Nov. 3, a memo sent to NYU Langone researchers said the animal section, or vivarium, was completely unrecoverable. Dr. Grossman said that scientists had managed to save some rodents by raising their cages to higher ground. A modernized lecture hall with raked seats used by medical students had been filled like a bathtub, he said, though it was dry on Friday. The library, he said, is basically gone. Four magnetic resonance scanners, a linear accelerator and gamma knife surgery equipment, kept in the basement, were now worthless. Dr. Grossman said that in the future, he wanted to move such equipment, which is very heavy, to higher floors. Electronic medical records were protected by a server in New Jersey, he said. Richard Cohen, vice president for facilities operations, took the group past piles of sandbags and a welded steel

CHANG W. LEE/THE NEW YORK TIMES

Senator Charles E. Schumer, right, looked over a damaged M.R.I. machine at NYU Langone Medical Center on Friday with John Sexton of N.Y.U.
door that had been blown out by the force of the flood. That door was put in around 1959 to 1960, when doors were really doors, Mr. Cohen said. And this thing is completely torsionally twisted. Ive never seen anything like that. Walking to the back of the hospital, Mr. Cohen used a loading dock as a measuring stick to estimate that the surge had risen to 14 feet. We were prepared for 12 feet, no problem, Dr. Grossman said. Dr. Grossman said it would take a couple of more weeks of assessing the damage to determine when the hospital could reopen. Outpatient business is already returning. Research and some inpatient services will come next. Mr. Fugate said his agency would help cover the uninsured losses, and urged NYU Langone officials to move ahead. At this point, Dr. Grossman said, he could only theorize as to why the generators had shut down. All but one generator is on a high floor, but the fuel tanks are in the basement. The flood, he said, was registered by the liquid sensors on the tanks, which then did what they were supposed to do in the event, for instance, of an oil leak. They shut down the fuel to the generators.

MICHAEL NAGLE FOR THE NEW YORK TIMES

Water poured into the BrooklynBattery Tunnel during Hurricane Sandy, and engineers have not pumped all of it out.

By ELISABETH ROSENTHAL

Hurricane Exposed Flaws In Protection Of Tunnels


In the days after the landfall of Hurricane Sandy, nine New York City police officers and state parole officers collected the names and addresses of 40 convicted felons who were on parole and living in neighborhoods gone dark from blackouts. The officers knocked on their doors to remind them were looking at them, said CRIME Paul J. Browne, the chief poSCENE lice spokesman. We think some might be responsible for burglaries, and we want to make sure the other ones know were out there and looking to suppress any burglaries that are ongoing. The hunt was on for that most deeply despised boogeyman who creeps in behind catastrophes: the looter, here to prey on the helpless huddled in the dark. And the police were not the only ones on the lookout. News photographs around the city and the region showed handmade signs

Nearly two weeks after Hurricane Sandy struck, the vital arteries that bring cars, trucks and subways into New York Citys transportation network have recovered, with one major exception: the Brooklyn-Battery Tunnel remains closed. The devastation there has underscored how major tunnels across the region are poorly protected from extreme weather and how they will need significant modifications to prevent such catastrophic failures in the future. The tunnels general manager, Marc Mende, recounting what happened on the night of the storm, made it clear that he had no ability to block the angry rapids he

saw heading for the Manhattan entrance. He described the scene as surreal, saying that he had quickly helped power down a generator and then made a harrowing drive through the nearly two-milelong tunnel as it started filling with water to make sure his workers had evacuated. I couldnt believe it this tunnel never flooded before, he said. This tunnel didnt even get puddles. Unlike a number of other tunnels around the world, the Brooklyn-Battery does not have even a basic system to block water at its entrances. No gates or plugs or other barriers. Nor do Manhattans other tunnels. Defenseless under the storms ravages, the Brooklyn-Battery instead served

as a drain for Lower Manhattan, filling with nearly 100 million gallons of water. It is unclear when the tunnel is going to reopen, since engineers are just beginning to assess the damage to lighting and ventilation systems, for example. That leaves the 50,000 vehicles that used to take it each day from commuter express buses to cement trucks bound for the World Trade Center site still struggling to find alternatives. Id guess now over the next few years, well see more being done to identify critical facilities and protect them from extreme events, said D. Wayne Klotz, past president of the American Society of Civil Continued on Page A17

Chasing a Post-Storm Boogeyman Through Neighborhoods Gone Dark


in front of buildings and houses, with threats to shoot any looters, or dump them in a river, or crucify them, or some combination therein. So how many looters were there? The short answer seems to be not many. The police reported a 6 percent rise in burglaries for the week of the storm in the city, against an overall drop in crime in general. There were 379 burglaries from Oct. 29, when the storm arrived, through the following Sunday, the police said. That is 22 more burglaries than the same week last year. And yet, those are figures that many seem to doubt, as anecdotes of looters outnumber the ones on police reports. Take Richard Chan, who, when The Associated Press found him this week, was holed up in his home on Staten Island with a sword. A replica of a samurai sword, he told me a little later. Regarding looting, there was enough that I heard about, he said, adding that he had seen a stranger in black knocking on a neighbors window the day after the storm. When Mr. Chan called out to the man, he fled. The police said there were 10 arrests hooded sweatshirt fitted closely to defendants body with nothing bulging or protruding, according to a criminal complaint. The man emerged from the store with pockets bulging and overflowing with various items. Among them: Kit-Kat bars, Twix bars, Snickers bars, a Sterno candle and $10.57 in loose change, according to the complaint. The man, Jakik Banks, 17, was arrested and charged with burglary and other crimes. A guy named Dostoyevsky wrote a pretty good story about that, didnt he? said his defense lawyer, Philip J. Smallman, who suggested the charges were overly harsh because the defendant was considered to be looting. Later that Tuesday, a 51-year-old man was arrested on a charge of stealing from the same store, taking four flashlights and $427.96 that, presumably, Mr. Banks had left behind, a complaint in that case states. Around the same time, a teenager was caught outside a store nearby with a flashlight and $15 that the police said he stole, telling officers that he was making sure everything was O.K. in there. Three men were arrested after officers saw them lugging something heavy down Mermaid. It turned out to be a small safe. Officers broke open the safe, found a pistol inside and charged the men with possession of a weapon. No one has come forward to report the gun being stolen. The most blatant story of looting that day is something of a mystery. Two managers at a Rent-A-Center on Mermaid, as well as several people who live nearby, have told me that burglars came through the stores broken windows and made off with televisions, laptops and video games. But the police said no such crime had been reported as of Friday. We expect there will be more burglaries reported as people come back, Mr. Browne said. It was unclear Friday how many of those 40 convicted felons on parole among them burglars and murderers were home when the police came knocking or how many crimes were prevented by this tactic, which continues as we speak, Mr. Browne said. But one statistic stands at zero: the number of reported crucifixions since the storm.

MICHAEL WILSON

ROBERT STOLARIK FOR THE NEW YORK TIMES

There were reports of looting at a Rent-A-Center in Coney Island.


for four burglaries on Staten Island in four days after the storm. Half of those suspects were accused of breaking into the same house together on Martineau Street. In terms of wholesale looting, Mr. Browne said, we didnt see it. There was looting in the Rockaways in Queens and on Mermaid Avenue in Coney Island, Brooklyn, where a typical case looked like this: A police officer saw a young man break into a dark convenience store the morning after the storm, wearing a

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A16

THE NEW YORK TIMES NEW YORK SATURDAY, NOVEMBER 10, 2012

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Church Street Station P.O. Box 4100 New York, N.Y. 10261-4100 Donations may be made with a credit card by phone at (800) 381-0075 or at nytimes.com/ neediest. For instructions on how to donate stock, call (212) 556-1137 or fax (212) 556-1979. In recognition of its 100th anniversary and to thank its loyal donors for their generosity over the years, the fund will send gifts to individuals who donate $250 or more to the 2011-12 campaign, beginning Nov. 6, while supplies last. Gifts of $250 $499: a boxed set of note cards, valued at $15.95. Gifts of $500 $999: a 2012 journal valued at $39.99. Gifts of $1,000 and over: a $50 gift card from The New York Times Store. If you do not wish to receive a gift with your donation, please drop us a note along with your check. No agents or solicitors are authorized to seek contribufan for a year. Mr. Bobarykina, who rarely leaves the house, grew sicker as the temperature rose. Ms. Bobarykina was referred to Catholic Charities Brooklyn and Queens, one of the seven beneficiary agencies of The New York Times Neediest Cases Fund, which provided $330 for a new air-conditioner. The Bobarykinas still live on a limited income that includes Social Security, food stamps and a federal rent subsidy, and Ms. Bobarykina visits a Catholic Charities food pantry in Coney Island once every two months to stock her kitchen. She would go more often, she said, but because of budget cuts, coupled with a

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CHILDRENS AID SOCIETY

Galina and Grigory Bobarykina immigrated to the United States from Belarus in 1994.

Love Endures Amid Health Problems


By JENNIFER MASCIA

105 East 22nd Street New York, N.Y. 10010


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Two decades ago, millions of Eastern Europeans greeted the fall of the Soviet Union with relief and optimism. But Galina and Grigory Bobarykina, married parents of two who were living in The Belarus, found litNeediest tle to celebrate. Supermarket Cases shelves were empty. The currency collapsed. In the absence of government, armed gangs and bandits controlled the highway from Moscow to Minsk, robbing travelers at arbitrary checkpoints. Rumors of pogroms spasms of anti-Semitic violence proliferated. And the Bobarykinas and their twin sons, Alexsandr and Sergey, could not hide their Jewish heritage because it

was stamped on their documents. Ms. Bobarykina, 68, an engineer who designed watches, said she had been repeatedly denied promotions because of her religion and was harassed by neighbors who told her to go to your country Israel. She decided it was a good time to move the family to the United States, specifically to Brighton Beach, Brooklyn, where Mr. Bobarykinas sister lived. When they arrived in 1994, the family squeezed into a one-bedroom apartment, where they stayed for five years. Alexsandr and Sergey graduated from City University colleges. Alexsandr now works in banking, and Sergey for the Internal Revenue Service. Leaving Belarus has prolonged Mr. Bobarykinas life. His diabe-

tes, which he had developed before emigrating, worsened in America and prevented him from working; in Belarus he had been an automotive engineer. His kidneys eventually stopped functioning. Mr. Bobarykina, now 71, applied for Medicaid, and the health care he received in America was far superior to what he would have gotten in his homeland, he said. Because he saw doctors so often he has had four hours of dialysis three days a week for 10 years prostate cancer was detected at an early stage. Five years ago, when doctors found a heart problem, Mr. Bobarykina received a pacemaker. Ms. Bobarykina, who met her husband shortly after college, when her best friend married his, cannot discuss her husbands di-

105 East 22nd Street New York, N.Y. 10010

agnosis, end-stage renal disease, without crying. Depression, she said in her fragile English. Most of her life is spent with doctors, and she cannot work because she must care for her husband. The stress, she believes, triggered her hyperthyroidism. One thing that cheers her up are her daily visits with her grandchildren ages 8 months, 1 and 3 who live nearby. In June, a hospital social worker visited the Bobarykinas in their one-bedroom apartment near the Belt Parkway in Sheepshead Bay and noticed the airconditioner was not working; they had been relying on a floor

A Veteran of the Korean War Recalls a Marine Corps Buddy, Staff Sgt. Reckless
By COREY KILGANNON

CAMP PENDLETON ARCHIVES

Reckless was promoted by Gen. Randolph McCall Pate, the commandant of the Marine Corps.

War is hell, but there is one aspect of the Korean War that John T. Meyers, a retired Marine Corps sergeant who lives in Upper Manhattan, remembers fondly every Veterans Day. The memory is about one of his best war buddies a popular sergeant who was decorated for battleground bravery. On Friday morning, Mr. Meyer, who lives in Inwood, pulled out a well-worn photograph he brought back from Korea of the sergeant grazing in a field. She was a heck of a work horse she could carry 12 rounds of ammo, he said. She was a dependable, beautiful animal and she was sociable. Mr. Meyers was speaking of Staff Sgt. Reckless, a Mongolian mare who won two Purple Hearts and earned the rank of staff sergeant for carrying ammunition in battle. Mr. Meyers was close to the horse, both on the battlefield, where he was a gunner, and also in the mess tent, where he often worked as a cook with the Fifth Marine Regiment Anti-tank Company. I would feed her, so every

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John T. Meyers, a retired Marine Corps sergeant.


time shed see me, shed trot over, said Mr. Meyers, a retired shipping clerk. I gave her an apple a day. She knew exactly where I slept and shed come in the tent and lick my face to wake me up, so she could eat. Mr. Meyers recalled Reckless carrying heavy rounds for the powerful anti-tank guns the unit used, known as recoilless rifles. That gun had a heck of a blast, but it wouldnt bother Reckless, he said. Any animals in the area would take off, but that horse would stay calm. Veterans Day, which falls on Sunday, is always a special day for Mr. Meyers because it is the day after his birthday. On Saturday he will be 79, which is also the 237th anniversary of the Marine Corps itself. It also happens to be the 58th anniversary of the day that Reckless touched American soil after serving in Korea. She became well known in the 1950s as Americas greatest equine war hero, the subject of an article in The Saturday Evening Post that was published while she was still in Korea. It helped ignite a public outcry to get the Marine Corps to bring her to the United States. In the 1950s, Reckless was as popular as Rin Tin Tin and Lassie, said Robin Hutton, an author from Ventura, Calif., who is writing a book on Reckless. In 1955, the horse appeared on TV with Art Linkletter and made many other public appearances after the war, Ms. Hutton said. Plans to bring her to New York City for an appearance on The Ed Sullivan Show were scuttled by a storm, and a planned film fell through, she said. Reckless soon drifted into obscurity. Ms. Hutton helped gain support for a memorial to Reckless that is scheduled to open in July at the National Museum of the Marine Corps in Triangle, Va., near the Marine Corps base in Quantico, Va. It will include a statue in Semper Fidelis Memorial Park next to the museum and an exhibition of items, including one of Recklesss horseshoes and photographs. Mr. Meyers said his unit fell in love with the horse, whom they

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Nov. 9, 2012

treated like one of the fellows. You had guys feeding her everything beer, soda, he said. The Marine Corps had this terrible chocolate pudding that was just horrible stuff, Mr. Meyers recalled. All the guys would just dump it in this big 55-gallon garbage can, he said. Well, who gets into the can but Reckless. She eats the pudding, and then she got the worst case of diarrhea youve ever seen. Mr. Meyers comes from a military family. His father, William, served in the Army in World War I and his leg was blown off in the Battle of the Marne. Mr. Meyers son, Larry, served in the Marines in the 1980s and is now an equities trader who also lives in Inwood. Recklesss biography is not entirely complete. The story goes that a Marine purchasing officer bought the horse from a Korean boy who needed money to buy his sister an artificial leg, accord-

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A horse who was decorated with two Purple Hearts for her wartime service.
ing to a 1955 book, Reckless: Pride of the Marines, by Marine Lt. Col. Andrew Geer, a Marine commander who served with Reckless and wrote articles about her for The Saturday Evening Post in the 1950s. He described her braving flying bullets during one particularly fierce battle and continuing to carry ammunition and wounded soldiers even after being hit by shrapnel. Reckless is the only animal to ever hold an official rank in any military service, Ms. Hutton said. Her two Purple Heart medals and a multitude of others were pinned to the scarlet and gold blanket she wore at appearances. She was retired on Nov. 10, 1960, with full military honors. She lived at the stables at Camp Pendleton in California and died in 1968 at age 20. Mr. Meyers, who lives alone in a ground-floor apartment decorated with snapshots of his grandchildren and testaments to his service, stared at an old photograph of the horse who fought and drank alongside the members of his Marine regiment. That horse left a lasting impression on me, Mr. Meyers said.

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THE NEW YORK TIMES NEW YORK SATURDAY, NOVEMBER 10, 2012

A17

IMPACT OF A STORM

Nursing Home in Queens Is Faulted Over Patients Care After Hurricane


From Page A1 the Rockaways, said Kenneth A. Johnson, who is the guardian for his sick brother. We called and called and called, but no one at Promenade picked up or ever called us back. It is not known how many Promenade patients remain lost to relatives. Interviews with employees indicate that Promenade failed to carry out basic responsibilities, including adding staff for the storm as required by the state, stocking enough medicine and flashlights, and preparing patients records in case of evacuation. The nursing home administrator, who runs the home day to day, left the city on what he said was a personal matter on Oct. 28, as the hurricane approached. The nursing director left the next afternoon to check on her sick husband; she did not return until Oct. 30, after the storm had blown over. My only priority is patient safety and health, and everything youve asked about Promenade flies in the face of that, said the state health commissioner, Dr. Nirav R. Shah. We are investigating aggressively. Still, there are questions about the states handling of the situation, too. A year ago, when a lesspowerful Tropical Storm Irene loomed, Dr. Shah ordered many nursing homes in the Rockaways to evacuate. But he declined to do so last week in the face of Hurricane Sandy, even though the nursing homes lay in an evacuation zone. Dr. Shah said he gave the homes the option of not evacuating, based on the risks of moving the elderly and the frail. Also, nursing homes complained bitterly about the cost of evacuations last year. Most of those nursing homes, even those much better prepared than Promenade, suffered crushing damage from the storm, and most have since evacuated their patients. This is not the first time that Promenades response to a storm has raised alarm: Last year, when the storm began to blow onshore, Promenade was dangerously slow to react, state officials say, and sent its patients off without staff members and often without medical records. The State Health Department did not investigate or fine Promenade in that case. It was absolute chaos; everyone was crying, said Dionne Keisha Vanable, a nurse and longtime employee. As the storm approached last week, the State Health Department ordered all nursing homes to stay at 150 percent of normal staff levels, to stock three days worth of food and medicine, and to make sure to have a working generator in case power failed. Alain Delaqurire contributed research, and Jennifer Preston contributed reporting. federal and two city and officials who were there, had medical face sheets or proper medications. Federal and city emergency workers grew so concerned that they conducted finger-stick and other blood tests on some patients, they said. It was as if they had been abandoned, said a worker at the Brooklyn Tech shelter, who spoke on the condition of anonymity because he had been told not to speak to reporters. The shelter staff worked heroically, but they were completely in the dark. Later, on Oct. 31., Promenade staff members appeared at the shelter, greeting their patients with great hugs and helping to care for them. Within five days, however, Promenade had temporarily withdrawn these familiar faces from the shelters, saying it was too expensive to pay them, other shelter workers said. In the days to come, the sickest of Promenades patients were farmed out to nursing homes across the region. Broadlawn Manor Nursing and Rehabilitation Center, 30 miles away in Amityville, N.Y., received 10 Promenade patients on Nov. 1. They arrived with medications but missing papers including instructions for end-of-life preferences. For a week, Broadlawn social workers tried to reach Promenade. Finally, on Wednesday, nine days after the storm first hit, a Promenade social worker called and promised more information. Thats the last we heard, said Terry Lynam, a spokesman for North Shore-LIJ Health System, which owns Broadlawn. Relatives of patients described similar frustrations as they tried to get in touch with Promenade, efforts run through with anxiety and fear. Some remain in limbo. Lillian DiViesti, with help from her son, Paul, has searched more than a week for her mother, Marie Salatino, a 93-year-old retired union seamstress from Sheepshead Bay, Brooklyn, who is blind and has dementia. Promenade called the day of the storm and said they were not evacuating. We havent heard from them since, Paul DiViesti said. The family dialed the nursing home, city agencies, the police and 311. The State Health Department has not yet completed a database that would help family members find loved ones. Louisiana put in place such a system in 2008 after Hurricane Gustav. Mrs. Salatino remains lost in the storms diaspora. In an interview with The New York Times, Solomon Vogel said on Thursday that he would check his database and get in touch soon. We have two social workers working full time contacting family members about the locations of their loved ones, he said. Ms. DiViestis concern is more primal. I dont know where my mother is, she said. I want to know where my mother is.

CHANG W. LEE/THE NEW YORK TIMES

The Promenade nursing home was out of power, out of food and short on staff during Hurricane Sandy, staff members said.
Promenades owners Moses Vogel, his son Solomon Vogel and at least one other partner have run the home since the 1970s. In two interviews, Solomon Vogel blamed the storm and state officials for the nursing homes problems. He said the home had increased its staffing for the storm to 150 percent and had enough medicine, flashlights and food. What was crazy is the New York State Department of Health told us not to evacuate before the storm, so we sheltered in place, Mr. Vogel said. I had to call them about 100 times before I was able to get the Office of Emergency Management to get them out, he added, referring to the New York City agency. He suggested that Promenade should be commended for carrying out a safe evacuation in a blackout after a huge storm. That everyone got out safely was unbelievable, he said. But Dr. Shah and four Promenade workers dispute nearly every one of Mr. Vogels assertions. In the days leading up to the storm, Dr. Shah noted, I was talking to managers in just about every facility except Promenade. Not only did we not hear from them; we actively tried to contact Promenade and heard nothing. Promenade nurses said the home was short of medications and food. Nurses began to make lists of patients and relatives to contact, but one nurse said that an owner told them over a loudspeaker to stop, as he intended to ride out the storm. I was told to pull face sheets ran short. Some workers failed to show up for assigned shifts. Early Tuesday morning, the staff in Park Nursing Home took pity and slapped together 150 sandwiches for the staff members and patients of Promenade. Promenade was dank and cold, and without lights. Dr. Shah, the health commissioner, asked for help from the hospitals of North Shore-LIJ Health System, which sent two safety officers out to the Rockaways at first light that Tuesday. Every street the officers tried was blocked by floodwaters or fire trucks fighting a blaze several hundred feet from the nursing home. They returned several hours later, and Tuesday night, a caravan of ambulance crews showed up to evacuate patients. Emergency Medical Service crews struggled to carry wheelchairs and patients with severe dementia down the stairs to waiting ambulances. But some records and medications did not follow. Some records went with the wrong patients to other sites, said Brenda Stratten, a nurse in charge of the federal Disaster Medical Assistance Team based at the emergency shelter at Lehman College in the Bronx. I had a few patients where more records arrived Day 2 and 3. The ambulances took Promenade residents to several different shelters. Slightly more than 100 patients were placed in four dimly lighted classrooms at Brooklyn Technical High School in Fort Greene, Brooklyn. Few of these patients, according to one

MICHAEL KAMBER FOR THE NEW YORK TIMES

Kevin P. Johnson, right, a patient at Promenade, and his brother, Kenneth, at a Bronx shelter after Kevin was evacuated.
for patients on Sunday, and there were all sorts of holes in the records, said the nurse, Alana Steele, referring to the patients documents that contain vital information, including which medications they take. Whenever I work there, I worry about my license and my liability. A nursing home sits on either side of Promenade. Each had a generator placed off the ground or walled-off from the water. Promenades generator, by contrast, sat closer to ground level. As for supplies, Edwin Delgado, the facilities director at the neighboring Ocean Promenade Nursing Center on Beach 113th Street, which is not connected with Promenade, recalled that Solomon Vogel came running over on the day of the storm. He demanded we give him some flashlights and batteries, Mr. Delgado said. Ms. Vanable worked the overnight shift at Promenade during the storm, and she recalled they had a bare complement of nurses and were short on aides. We never have extra staff, never storm or no storm, Ms. Vanable said. She described the scene in the building on Monday night as the hurricane hit, the waters rose and the Promenade fell dark. Emergency lights never came on. It was scary; we were all petrified, Ms. Vanable said. We tried not to show that to the patients. The kitchen flooded, and food

Hurricane Exposed Flaws In Protection of Crossings


From Page A15 Engineers and a Houston water engineer. If you think what happened is unacceptable and Id say it was you have to do something. Because I can guarantee you this kind of storm will happen again. In interviews, several engineers said they were shocked that New York City had not done far more to safeguard its tunnels, especially the Brooklyn-Battery, the longest underwater tunnel in the United States, which has a notoriously low-lying entrance. While the rising seas and extreme weather associated with climate change have raised the risk, engineers also point out that because tunnels have a limited number of entrances and exits, they are not that hard to protect. After a close call during Hurricane Katrina, Mobile, Ala., rejiggered the ventilation system of a major tunnel to prevent damage from floodwater; the city has studied building up ground around entrances. Houston has installed watertight doors to protect its pedestrian tunnels from floodwater much like the sealing emergency doors on cruise ships. The Midtown Tunnel in Norfolk, Virginia, has long had a floodgate, which is tested twice a year. Richard Dawson, director of the Center for Earth Systems Engineering Research at Newcastle University in England, said he was quite surprised there werent floodgates on New Yorks road and subway tunnels. Many stations of the London Underground have them. In recognition of the growing risk, the Department of Homeland Security in January successfully tested a giant protective inflatable tunnel plug that expands in minutes when filled with water, like a car air bag. Before Hurricane Sandy, the Metropolitan Transportation Authority deployed considerably less sophisticated methods, using plywood to cover some subway grates and piling sandbags at entrances. Asked whether the Transportation Authority was exploring new flood-prevention measures, Aaron Donovan, an agency spokesman, said: At this point, our focus is on the immediate need to restore the tunnel. Long-term planning can and will take place once this is behind us. The Brooklyn-Battery Tunnel had never closed for weather, even as a precaution, until Tropical Storm Irene last year. But water levels on the southern end of Manhattan have risen about nine inches since the Brooklyn-Battery Tunnel was opened in 1940. It is a significant increase, since its entrance is just a few feet above sea level. The Queen-Midtown and Holland Tunnels also flooded, though less severely, during Hurricane Sandy. Both have now reopened. I always knew Manhattans tunnels could flood, said Scott Douglass, a coastal engineer at the University of South Alabama. But a computer model is a lot different than seeing pictures with water pouring in. Building codes and engineering practices meant to protect urban infrastructure from weatherrelated disasters have generally not kept pace with evolving scientific knowledge, computer-assisted engineering capabilities and a shifting climate, experts said. The problem is amplified for older structures like the Brooklyn-Battery Tunnel. They were using slide rules to

Deep in a Flooded Tunnel, Mud and a Little Bit of Light


By JOHN SCHWARTZ

NGEL FRANCO/THE NEW YORK TIMES

Workers and Coast Guard personnel dropping hoses down a shaft at a ventilation building for the Brooklyn-Battery Tunnel.
crunch numbers, said Mr. Klotz, and relying on limited historical weather data to define a worstcase flood. New computer modeling provides guidance and solutions. After one of its coastal plants narrowly escaped flooding during Hurricane Ivan in 2004, Chevron asked Dr. Douglass to model its vulnerability. The result was an 18 foot-high sea wall that prevented damage during Hurricane Katrina. The same model estimated a storm surge could be nearly 30 feet at another Gulf location, Dr. Douglass said, adding: People say that couldnt happen. But yes it could. That is what we should be doing now in every coastal city. Rob Beck, senior vice president of engineering at Munich Re, the global insurer, said that when asked to insure tunnels, he studies the elevation of the entrances relative to severe floodwaters. This is an extreme event in terms of urban infrastructure, but the event was predictable and known I knew if it hit at a certain time, the subways were flooded, he said. The M.T.A.s tunnels were never designed for this kind of storm surge. Should they be? In my opinion: clearly yes. But protection can be costly and cities tend to respond only after disasters. Houston installed the watertight doors in its pedestrian tunnels only after flooding caused extensive damage during record rainfall from Tropical Storm Alison in 2001. Well save hundreds of millions by closing half a dozen doors, said Mr. Klotz, the past president of the engineers society. It was amazing how little they had to do. Asked what would happen if a similar storm hit again, Mr. Mende, the manager of the Brooklyn-Battery Tunnel, shook his head, calling Hurricane Sandy an act of God, as pumps whirred on the barren toll plaza in Red Hook the background. He said he was proud of his maintenance staffs work in response to the disaster. While engineers said the flooding could have been readily prevented, Mr. Klotz said: Whoever owns that tunnel knows exactly what it would take to keep water out in case of a flood. and its not high tech. They just didnt want to spend the money.

The water is almost gone, but inches of sticky mud remain, offering a squelch when shoes sink in and a little smacking sound when they pull away. This is the midpoint of the Brooklyn-Battery Tunnel and its lowest spot, 140 feet below a ventilation building that sits on a spur off Governors Island in New York Harbor. The building has machines that normally force air down shafts into the two-milelong tunnel, which has remained closed since it was flooded during Hurricane Sandy. Now, however, engineers are using those deep shafts to pump water up. A steel stairway within the ventilation building leads up to the access ports for the airways, where workers have snaked sixinch-wide hoses deep into the darkness below. Outside, four big diesel engines roar, circulating hydraulic fluid through the pumps at high speed, moving the water out of the tunnel and into the harbor. We never thought we would use these shafts for water, said Romolo De Santis, a facility engineer for the Metropolitan Transportation Authority. But Mr. De Santis and his colleagues never thought that they would have to get 86 million gallons of water out of the tunnel, either. These pumps, along with others in the Battery and Brooklyn, have been drawing out as much as 10,000 gallons a minute. Around a corner in the buildings labyrinth, a passage leads down seven flights into the tunnel. At their worst, the floodwaters filled the tunnel and reached up several flights. This week, the scene at the bottom was harshly lighted by enormous lamps and the air smelled like mud and diesel. The water

was largely gone, though several feet of it sloshed below the roadway in the space for conduits and vents, and more dripped from the waterlogged ceiling. Once the water from Hurricane Sandys surge is truly gone, the muck will be scooped away by front-end loaders and other earth-moving machines, and the walls will be washed down so that structural engineers can inspect and figure out what must be done before cars and buses can return. The Coast Guard has provided most of the pumps at this site, and a private contractor for the transportation authority brought others. The Army Corps of Engineers is also working on the project. Kevin G. Wagner is among those helping to get the tunnel working again, and he knows water. He came to the city in the aftermath of the hurricane from his home in St. Bernard Parish in Louisiana, near New Orleans. After Katrina, he worked as a project manager removing water from his parish, where he and most of his family lived, in the town of Chalmette. His in-laws home had water above the kitchen counter which might not sound like much, except that the kitchen was on the second floor. He said that when he and his colleagues in New Orleans saw the pictures from the Jersey Shore, it felt hauntingly familiar. Everything, he said, looked exactly like what happened in Katrina. So he was happy to be part of the effort to do for the Northeast what the rest of the country did for his home. I think the people of New York and New Jersey are just like the people of New Orleans, he said. They love their city. Theyre going to come back.

A18

THE NEW YORK TIMES NEW YORK SATURDAY, NOVEMBER 10, 2012

IMPACT OF A STORM

Parents Weigh Dangers of Cold Classrooms Against Risks of Missing Class


By KYLE SPENCER

The past few mornings, parents at a few dozen New York City schools gave their children an especially warm send-off. Rachel Leinweber sent her son with thin gloves that he could type with on school computers. Abbey Seiden packed her daughter hot macaroni and cheese in a thermos for lunch and sent her to school in warm tights. Wool sweaters and Ugg boots were again popular fashion items in the hallways. About three dozen schools in areas that suffered flooding opened to students this week without heat. By Friday, that number was down to about 20. At one of those, New Explorations Into Science, Technology and Math, a school for gifted children on the Lower East Side, students sat for algebra and biology tests in parkas and mittens, took gym class with leggings pulled over sweat pants, and lined the nurses office asking permission to go home. Its been intense, said Ms. Leinweber, whose son is a fifth grader at the school. Not a great situation. She said a lot of parents were worried about the cold, but were also worried about their children missing school and accruing absences, which can hurt their applications to selective middle and high schools. There was no choice about our kids being absent, said Ms. Leinweber, who lives in Brooklyn. Some members of the schools Parent Teacher Association said they offered to buy space heaters for classrooms, but were told the heaters were a safety hazard. Alex Vadukul and Vivian Yee contributed reporting.

bia Universitys Mailman School of Public Health, it may have been tough for students to focus inside some schools. Once you get below the low 50s, you get kids just trying to stay warm, he said, adding that under these conditions students with certain types of asthma should be carefully watched. Erin Hughes, a spokeswoman for the Education Department, said that the city had been dili-

Sending children to school with extra layers so that they do not fall behind.
gent about informing parents about schools that had no heat, and urging them to dress their children warmly. We have also been providing warm meals at schools, she said. Attendance at NEST+m does not seem to have suffered; according to the Education Department, 93 percent of students attended Friday, just under the schools average attendance rate. Leslie Converse, the mother of a kindergartner, said sending the children to a chilly school was still far better than having them cooped up at home. If it were 30 below it would be a different story, she said. Ms. Seiden, an acupuncturist whose daughter is a kindergartner at Public School 234 in TriBeCa, which had its heat restored Friday, saw the week as an opportunity for her daughter to live a rugged existence. Its like being in the country, she said.

CHANG W. LEE/THE NEW YORK TIMES

New Explorations Into Science, Technology and Math in Manhattan is one of about 20 schools that still had no heat as of Friday.
A teacher in the school, which runs from kindergarten to 12th grade and is known as NEST+m, said it was hard to get students to concentrate. She had been regularly checking the classroom temperature with a thermometer application on her cellphone and found that on Friday afternoon, temperatures were hovering at 48 degrees. Hoods have been up the whole time, said the teacher, who insisted on anonymity for fear of angering the principal. On one of the schools parent e-mail lists, emotions ran hot at times. I am wondering if any parent here will not send the kid(s) to school tomorrow because I am debating it in my own head but I cannot decide, wrote one. Another parent responded: A 14 yo Pakistani girl took a bullet to the head because she advocated for education. I think Ill bundle my daughter up, and be thankful for all of our blessings here. That prompted a third parent: Was that really necessary? Lets not snap at each other here. Health officials say schools are safe to open without heat, even at these temperatures, if students are properly clothed. But according to Irwin Redlener, the director of the National Center for Disaster Preparedness at Colum-

Storm Recovery: Keeping Track

ROBERT STOLARIK FOR THE NEW YORK TIMES

TOM MIHALEK/REUTERS

SUZANNE D eCHILLO/THE NEW YORK TIMES

ULI SEIT FOR THE NEW YORK TIMES

STORM-TOSSED

A car remains where the Atlantic Ocean left it, in Rockaway Beach.
NEW YORK CITY

OUT OF WATER

The cleanup from the storm continued in Manahawkin, N.J.


NEW JERSEY

Luis Diaz from the Bronx sought gas in Yonkers on Friday.


IN SEARCH OF FUEL

ONE-TWO PUNCH A tree fell on a house in Mel-

ville, N.Y., during Wednesdays storm.


LONG ISLAND
HOUSING

WESTCHESTER
POWER

POWER

POWER

Rockaways Still Largely Blacked Out


The Rockaway Peninsula remained the area worst hit by power failures as residents in homes with no light or heat grew increasingly frustrated with the Long Island Power Authority, which provides electricity there. More than 31,000 customers, nearly the entire peninsula, were without power as of Friday afternoon, the authority reported on its Web site. In the rest of the city, Con Edison reported that it had restored power to all but about 16,000 customers. But even in many areas where the power had been restored, some homes and buildings remained without electricity. The utility said it could not return power to about 35,000 customers in flood-damaged areas like Howard Beach in Queens and Red Hook and Sheepshead Bay in Brooklyn until electricians certified their homes as safe.
PUBLIC HOUSING

Lights Coming Back for Some


Public Service Electric and Gas said that 55,000 customers still had no power late Friday. Contrary to rumors, it said, it had an ample stock of poles and equipment needed to make repairs. An equipment failure was repaired Thursday night, restoring power to Elizabeth, Westfield, Woodbridge and 12 other communities. Jersey Central Power and Light had 8,200 line workers on the job and said power would return for most of the 168,000 customers still without power by Saturday night. P.S.E.&G. indirectly confirmed complaints that individual power-failure reports were being wrongly deleted when power was restored generally in an area. If our automated system indicates that power has been restored to your area and you have no power, please follow the prompts to place a new no power order, the utility advised. J.C.P.&L. customers have reported similar experiences. Measured by the sheer numbers of residents, the worst-off J.C.P.&.L. towns were on the Jersey Shore. But in percentage terms, western New Jersey towns like Walpack, Far Hills, Chester and Tewksbury had larger proportions of customers without power. Many of them, lacking municipal water, require electricity for well water.
TRANSPORTATION

12,000 Customers Still in the Dark


Consolidated Edison reported that fewer than 12,000 of its 348,000 customers in the county were still without power on Friday evening. The municipalities of Cortlandt, Greenburgh, New Castle, New Rochelle, North Castle and Yonkers each still had more than 1,000 customers without Con Ed power.
TRANSPORTATION

No Tally of Homes Lost


Government officials and local utilities still lacked firm statistics on how many homes had simply washed away or been damaged beyond repair during the hurricane. We dont have a good number on that, Vanessa Baird-Streeter, a spokeswoman for the Suffolk County executives office, said Friday.
POWER

Gas Lines Are Shorter


Gasoline lines continued to ease, with county inspectors reporting deliveries increasing, more stations operating and lines approaching near-normal lengths. Donna Greene, a spokeswoman for the county executive, Robert P. Astorino, explained the contrast with the scarcity in New York City by noting that gas supply had never been much of an issue in the county. Now that most Westchester gas stations have power, they can function normally, so panic buying has been reduced. All three Metro-North Railroad lines are operating on a standard schedule along their Westchester routes.
TELEPHONE

Alternative to Inspections Proposed


According to the Long Island Power Authoritys Web site, the number of homes on Long Island lacking power dropped to about 130,000 on Friday from more than 200,000 on Thursday. Some of them lack power because the utility had initially said that they would have to undergo inspections first. The Suffolk County executive, Steve Bellone, has pushed for alternatives to such inspections, like having customers shut off circuit breakers to equipment they suspect has been flooded. The authoritys original plan would have left people in the dark until December, he said.
TRANSPORTATION

Housing Authority Buildings Suffer


More than 21,000 residents in public housing remained without heat or hot water on Friday, according to the New York City Housing Authority, and another 12,800 were without power. Most of the problems were in Brooklyn, where hundreds of apartments in buildings in Coney Island and Red Hook remained without heat or electricity or both.
HOMEOWNER RELIEF

L.I.R.R. Uncertain on Regular Service


Long Island Rail Road trains will maintain regular weekend schedules on Saturday and Sunday on all branches other than the Long Beach branch, where the railroad was hit hardest by the storm. Long Beach commuters may be shunted to buses for a while. The prognosis there is not immediate said Aaron Donovan, a spokesman for the Metropolitan Transportation Authority. He said it was unclear whether the system would be able to resume regular weekday service on Monday. Weekday schedules are more taxing on the system than weekend ones, and two of the four East River tunnels that the railroad usually uses are still out of use.

Phone Service May Require Electricity


Verizon and Cablevision said that the statistics on people without telephone service were deceptive because many customers get their telephone, Internet and television through equipment that requires electricity, so when power is restored, phone service resumes. But Cablevisions Web site said that almost 2,500 of its customers remained without service on Friday afternoon even though they had electricity, and an additional 15,000 households still have no phone service.
SHELTER

Hoboken Gets Weekend Repairs


New Jersey Transit said the Main Line and Port Jervis Line would terminate in Secaucus rather than Hoboken over the weekend to allow work to proceed uninterrupted in Hoboken, where several electrical substations were submerged. Weekend passengers can transfer to the Northeast Corridor Line in Secaucus to reach Manhattan; on weekdays, those trains are bypassing Secaucus because of crowding on them. The PATH system, whose Hoboken, World Trade Center and Exchange Place stations were devastated, is running trains between Journal Square and 33rd Street in Manhattan, but skipping Christopher Street and Ninth Street because those stations are too small to handle the anticipated crowds safely. A spokesman, Ron Marsico, said PATH hoped to extend service to Newark Penn Station and Harrison by early next week, then to Exchange Place.
SHELTER

Emergency Repair Plan Announced


Mayor Michael R. Bloomberg announced a program that, in partnership with FEMA, will send teams of contractors into neighborhoods hit hard by the hurricane to help speed home repairs, without any immediate cost to the homeowners. People can learn about and sign up for the program, called NYC Rapid Repairs, at NYC.gov or by calling 311.
TRANSPORTATION

Three Emergency Shelters Still Open


The county announced that all but three shelters had closed. Those three are in Yonkers, Chappaqua and Cortlandt.
GOVERNMENT ACTION

CONNECTICUT
POWER

Ferry From the Rockaways


Mr. Bloomberg announced a temporary ferry service beginning Monday between the Rockaways and Manhattan. The service is being provided in partnership with SeaStreak. Schedules and departure locations are available at www.seastreak.com and at 311. One-way fares will be $2. The Brooklyn-Battery Tunnel remained closed by flood damage. Subway service is operating normally on most lines, with some exceptions. Service remains suspended on the N train between 59th Street and Coney Island in Brooklyn, the A train in Far Rockaway, the S Rockaway Park Shuttle, the 1 train between Chambers Street and South Ferry, the R train between Manhattan and Brooklyn and the J train between Chambers and Broad Streets. Metropolitan Transportation Authority officials did not estimate when service would be restored. RAY RIVERA

The News Is Mostly Good


We are done, done, done with storms stuff, said Mitch Gross, a spokesman for Connecticut Light and Power, the utility that provides power to 149 of the states 169 municipalities. About 400 homes, many in Old Lyme, Greenwich and Westport, were excluded from the upbeat reports and have not reconnected to the power grid because of lingering safety concerns.
TRANSPORTATION

States of Emergency Are Lifted


The countys emergency operations center is no longer operating around the clock, but will be open on Saturday from 8 a.m. to 4 p.m. Scarsdale rescinded its state of emergency on Friday morning and the City of Rye allowed its state of emergency to expire. The county also arranged to extend the time for Medicare beneficiaries who want to change their standard health plan and Part D coverage for prescription drugs in 2013. The original deadline was Dec. 7, but because of the storm, beneficiaries can call (800) MEDICARE, (800) 6334227, and representatives will help them make a choice even after Dec. 7, the county said.
JOSEPH BERGER

Population Down to 2,350


The state said 2,350 people remained in shelters on Friday. In Atlantic City, the last 24 units of public housing that had been evacuated were expected to be reoccupied on Friday, said Thomas J. Hannon, the director of operations.
SCHOOLS

Most Rail Service Is Normal


Metro-North train service to Connecticut is back to normal except on the New Canaan branch, where damage was fairly extensive, according ALISON LEIGH COWAN to Mr. Donovan.

Some Closings Continue


Twenty percent of New Jerseys schools remained DAVID M. HALBFINGER closed on Friday.

THE NEW YORK TIMES NEW YORK SATURDAY, NOVEMBER 10, 2012

A19

IMPACT OF A STORM

Behind New York Gas Lines, Warnings and Crossed Fingers


From Page A1 tioning and also mused aloud in the Sunday meeting that perhaps the best option was to simply allow the free market to dictate how people would find gas. But by Wednesday, there were renewed concerns that the gas crunch was not easing in the five boroughs and parts of Long Island even as it was in New Jersey and the suburbs north of the city. By the next day, officials in New York City and in Nassau and Suffolk Counties were ready to embrace rationing. The reaction on this side of the Hudson was slow, and New Yorkers have paid the price, said Anthony Michael Sabino, a lawyer who specializes in the oil and gas industry and lives in Nassau County. The crisis became much worse because when people were left to their own devices, a panic set in. Compounding the problem was the lack of a centralized way for officials to coordinate with counterparts in the regions complicated fuel-distribution network as the city works with utilities like Consolidated Edison. New York Citys rationing effort coincided with one that began on Friday in Nassau and Suffolk and followed odd-even rules imposed for 12 counties in New Jersey. On Friday (Nov. 9), cars with either odd numbers or letters at the end of their plates were able to get gas. On even days, cars with even numbers or 0 at the end of their plates will be able to get gas. Throughout the area, long lines continued. There were no reports of arrests, though at some stations, drivers with the wrong numbers at the end of their plates were seen getting gas. At a Hess station in Greenpoint, Brooklyn, the wait for gas on Friday was about 20 minutes far shorter than it had been in recent days, said Tony Dazzo, 35, an engineer who lives in Queens. They should have done it sooner, he said. It gets half the people off the line and moves it a lot more quickly. Even with a gas-rationing program in place, Mr. Bloomberg said the shortage might persist for days to come; and oil industry experts were even gloomier, cautioning that a lack of fuel could hamper travel during the busy Thanksgiving holiday. Mr. Cuomos aides declined to discuss any internal deliberations about the rationing, but noted that he had repeatedly singled out the gas shortage as a major problem. If you want to paralyze a region as weve seen, just stop the fuel delivery for two days, he said at a news briefing on Friday. The storm cut off power to thousands of gas stations across the state, but perhaps more critically, it caused widespread damage to refineries and a network of ports and terminals that deliver gas to the pumps. But as Mr. Cuomo and industry executives have repeatedly warned, panic buying and hoarding among drivers have only slowed recovery efforts by placing more stress on the entire system. In New Jersey, Gov. Chris Christie imposed a gas-rationing system last Saturday. The major problem is the terminals, but the mayor should have followed Governor Christie faster to curb some of the hoarding, said Tom Kloza, chief oil analyst at the Oil Price Information Service. When you have 200 people on line for gasoline, it doesnt take long for a station to Andy Newman and Nate Schweber contributed reporting.

For Elderly, Extra Peril Accompanies Power Loss


By SHERI FINK

MICHAEL NAGLE FOR THE NEW YORK TIMES

On Friday, the first day of gas rationing in New York City, a van without fuel had to be pushed to a Hess station in Brooklyn.

A Brief History of Long Lines and Lots of Impatience


By JAMES BARRON

The last time New York City had odd-even gasoline purchase rules, they were in effect for 79 days, and the time before that, 65 days. This time, the reasons were different. Fuel distribution was disrupted by Hurricane Sandy among other things, the storm forced tankers bound for the New York area to wait it out and stay beyond the reach of its punishing winds. Also, many service stations had gas but no electricity, so their pumps could not function. In 1973, the Arab oil embargo choked supplies nationwide. In 1979, a new government took power during the Iranian revolution, and fresh supply worries set off panic buying and long lines at gas stations. There were fistfights at some stations as drivers tried to cut in line. At least one driver was arrested on charges of pulling a gun on a gas station attendant who would not fill his car, with oddnumbered plates, on an evennumbered day. It was hectic, recalled Stanley Gaj, who in 1979 was the manager of a filling station at run out. Placing extra strain on supplies has been the demand from emergency responders and people using generators. The center of the problem was Linden, N.J., oil industry executives said, the heart of the metropolitan supply chain and a place where New York officials have no jurisdiction. It is where the Colonial pipeline ends, bringing petroleum products up from the Gulf of Mexico, and where the Buckeye pipeline begins taking petroleum products to Long Island and other areas. Six- to eight-foot waves surged through the area, crashing into a Phillips 66 refinery and into a cluster of terminals on or close to the Arthur Kill waterway that receives refined products from the Colonial pipeline and local refineries for shipment throughout the region.

SARA KRULWICH/THE NEW YORK TIMES

In 1979, gas lines formed at the Hess station at 44th Street and 10th Avenue in Manhattan. Lines were there again Friday.
Queens Boulevard and Albion Avenue in Elmhurst, Queens. It was chaotic. We opened up at I think 6 or 7 in the morning, and we only stayed open until we ran out. When we ran out, that was it until the next day. (Mr. Gaj, who now lives in Middle Village, Queens, said that he left the station in the mid-1980s and became a bus driver.) The odd-even sales began in In addition, while the main pipelines have recovered power, 20 or so terminals in and around Linden will take more time to build to normal operations. Eight to 14 are in various stages of repair and limited operations, while 6 are still out of commission. Docks were flooded and damaged, along with equipment that lifts refined product to the barges from pipelines and tanks. The surge blew out control-room windows and lifted and damaged marine docks and lifting equipment essential for putting the products on the barges. Hurricane Sandy gave us a major shot to our distribution network, said James Benton, the director of the New Jersey Petroleum Council, a trade organization. He said the northeaster was a blow, as well, since it delayed damage assessments for the largmid-June of 1979 after weeks of long lines. They ended on Sept. 6 after officials decided there was finally enough fuel on hand to be certain there would be no more panic buying. Gasoline became widely available again in midsummer after the price passed $1.50 a gallon. It had been less than $1 at the beginning of 1979, before Iran suspended oil exports. er facilities and recoveries for some of the smaller facilities. The extent of the damage to the gas-distribution network was not fully understood by state and city officials, said Ralph Bombardiere, executive director of the New York State Association of Service Stations and Repair Shops. A New York State energy office created amid gas shortages in the 1970s was dissolved in the 1990s. And, Mr. Bombardier said, there was little if any coordination or monitoring of the entire distribution network before the hurricane. Theres more damage than anybody knew, he said. There was no plan or diagram of how this industry worked or who you can call to find out whats happening. Connecticut, which did not experience a gas shortage, estab-

In May of that year, President Jimmy Carter gave governors the power to regulate gasoline sales in their states. That included the power to impose odd-even systems. Three weeks later, Gov. Hugh L. Carey announced an odd-even plan for the city and four suburban counties Nassau, Suffolk, Westchester and Rockland. New Jersey and Connecticut soon followed suit. Five years earlier, Mayor Abraham D. Beame called the gas outlook desperate and threatened to start allocating gas himself if the state did not. The governor at the time, Malcolm Wilson, initially resisted, but relented in February 1974, saying the gasoline emergency was endangering public health and safety. The odd-even rules now in effect brought back memories for New Yorkers old enough to remember the earlier rounds. Robert Sinclair Jr., now a spokesman for AAA New York, remembered a conversation with a cousin in 1979. He was supposed to take this girl out, he said, but she didnt appreciate how hard it was to get gasoline. He was done with her. lished a task force before the hurricane arrived that took steps to prevent a gas shortage. In New York, some critics have also charged that state and city officials simply took too long to act when the gas crisis started escalating. I think that the city, state and federal government need to do a better job of coordinating their responses to this gas crisis, said Councilman David G. Greenfield of Brooklyn. Quite frankly, its shocking. Howard Wolfson, a deputy city mayor, said that discussions about gas rationing began shortly after the storm ended but took on urgency only after it became clear that it would continue longer than anyone in the industry or region had said. Within the last 48 hours, Mr. Wolfson said, it was clear that the problem wasnt getting any better.

Saying Goodbye To Two Sons


Damian and Glenda Moore, second and third from left, watched as New York City sanitation workers carried a coffin containing the bodies of their sons, Brandon, 2, and Connor, 4, into a funeral service at the St. Rose of Lima Church in Brooklyn on Friday. The floodwaters of Hurricane Sandy swept the boys away from Ms. Moore as she was trying to lead them to safety after her sport utility vehicle stalled on Staten Island. Mr. Moore is a sanitation worker.

For more than a week since Hurricane Sandy, a bone-chilling draft has wafted through the hallways of Knickerbocker Village, the hulking housing complex on the Lower East Side. On Monday night, as temperatures outside dipped below freezing, a chill pervaded the fifthfloor apartment where 101-yearold Pao Chu Hsieh wore a turtleneck, a coat and two blankets. She complained that she was cold, said her son, Kam Won Lo, 78; before the storm, she evacuated from her home at St. Margarets House to stay with him. Around 2 a.m. Tuesday, Mrs. Hsieh began coughing uncontrollably. She seemed to have difficulty breathing and speaking. A family member called 911. By the time ambulance workers arrived, Mr. Lo said, she was unresponsive. They performed CPR, but could not revive her. Mrs. Hsiehs death is an example of what officials and advocates say is the peril of older people living in buildings that still lack power and heat. On Wednesday night, citing Mrs. Hsiehs death, a FEMA official urged city authorities to provide alternate accommodations to the residents of Knickerbocker Village, where about 700 seniors had been living without heat since the hurricane. Lilliam Barrios-Paoli, commissioner of New York Citys Department for the Aging, said in an interview, however, that residents in mandatory evacuation areas had already been offered opportunities to leave, and that the decision was up to the people themselves. Its a fine line between peoples freedom and what I perceive to be an emergency and a discomfort, Ms. BarriosPaoli said. Knickerbocker Village, which includes a large population of low- and moderate-income people near their 70s and older, was also in the mandatory evacuation area, but Mr. Lo said he thought his family would be safe there. Its such an old, sturdy building, he said through tears. The chief medical examiners office has ruled that Mrs. Hsieh died of natural causes, according to Ellen Borakove, a spokeswoman for the office. Ms. Borakove said the police told an investigator for the office that Mr. Los apartment was not cold. But more than a dozen residents and employees at the complex said late this week that the complex still did not have heat. Mayor Michael R. Bloomberg said Friday that his main focus was on helping tens of thousands of people about half of whom live in public housing get power back. As of Friday afternoon, more than 1,000 older people remained in three large Manhattan complexes that lacked services including heat, water or electricity, according to the office of Scott M. Stringer, the Manhattan borough president. There were probably many smaller buildings in similar conditions, Mr. Stringers office added. The deaths of at least two other New Yorkers in their 70s were related to the power failures, city officials said. George ORegan, 70, of New Lane on Staten Island, died on Oct. 31 after falling and breaking his neck in an unlighted hallway. William McKeon, 78, who lived on Shorefront Parkway in Queens, died Tuesday of head injuries after falling down a darkened staircase. Building managers at other high-rises that house older people reported cases in which residents fell and broke limbs in dark stairways. Ghislaine Chery, a nurse with the Visiting Nurse Service of New York who has visited several big complexes since the storm, compared their conditions to her native country. This is so sad because they have to live like theyre living right now in Haiti, she said. Some are so cold that they are using their ovens and stovetop gas burners for heat. The odor of gas hits your face as soon as the door opens, said Carlina Rivera, a program manager for Good Old Lower East Side, a nonprofit group helping residents. A lot of people are really desperate. They are tired of sleeping in their coats and they dont have enough blankets. On Friday, Pao Chu Hsiehs bereaved son went out to buy candles for her funeral on Saturday. His wife, 73, had bruises on her face. She said she had collapsed after making dozens of trips up the staircase with water that she collected from a fire hydrant. Winnie Hu, Randy Leonard and Jeffrey E. Singer contributed reporting.

JOHN MOORE/GETTY IMAGES

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THE NEW YORK TIMES EDITORIALS/LETTERS SATURDAY, NOVEMBER 10, 2012

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The New York Times Company


ARTHUR OCHS SULZBERGER JR., Chairman,

Publisher 1896-1935
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The Opinion Pages


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The Fiscal Cliff Opener


Mr. Obama sounds as if hes ready to fight. Mr. Boehner sounds like Mr. Romney
On Tuesday, voters re-elected a president who promised to fight for higher taxes on the wealthy, for more public investment and for careful cuts in spending. Three days later, President Obama challenged Republicans to extend the Bush tax cuts for the middle class, right now, and said he would not accept a deal that does not require the wealthy to pay a bigger share. The House speaker, John Boehner, recycled positions that Mitt Romney and Paul Ryan already offered, and voters rejected. He suggested that Congress just put off dealing with the fiscal cliff, allow all the Bush tax cuts to remain in place, and then negotiate tax reforms to lower rates even further while closing unspecified loopholes. These were the opening hands in negotiations that start next week: Mr. Boehners weak hand and Mr. Obamas strong one. Both sides have acknowledged the need to avoid the fiscal cliff the tax increases and spending cuts that will take effect starting in January if Congress does not act and that will total nearly $700 billion next year alone. In a news conference on Friday morning, Mr. Boehner offered conciliatory words that made it sound as though his caucus was at last open to the obvious answers it has blocked for four years. But behind the words, his partys immediate goal was, as always, to extend the Bush-era tax cuts for the rich. Mr. Boehner did not rule out raising tax revenues altogether. But his talk of eventually lowering rates while closing unnamed loopholes ignores the fact that higher taxes for top earners are needed now to raise revenue for public investments that are vital to economic recovery. The most expedient and fairest way to do that is to allow the high-end Bush tax cuts to expire. Until the rich pay more, there will be no later consensus on spending cuts that eventually will be needed to curb long-term deficits. Mr. Obama was explicit that the real challenge for Congress is to foster job creation and economic growth. The fiscal cliff was front and center, he explained, because of the year-end deadline, not because budget cutting is more important than investments to create jobs. Mr. Obama rejected the Republican claim that budget cuts in a weak economy are the path to prosperity, and he said serious deficit reduction requires both spending cuts and revenue. He did not specifically say, as he did many times on the campaign trail, that Bush tax rates needed to expire, and that when he talked about raising revenue, he meant raising tax rates and not the inchoate promise of tax reform. But there was no give on his campaign promise to ensure that the rich will pay more as part of the budget process now under way. Showing more determination and will to fight than he has at times in the last four years, he said raising taxes on the rich was debated over and over in the campaign. And on Tuesday night, we found out that the majority of Americans agree with my approach, he said. Mr. Obama sensibly urged the House to get started by passing legislation already approved by the Senate that would extend Bush tax cuts for everyone below the $250,000 threshold. It is altogether possible that the fiscal cliff problem will not be resolved by the end of the year. Republicans have a taste for political extortion and are, after all, used to Mr. Obamas yielding to it. They may be waiting to see if he blinks again. But he was not blinking on Friday, and it is important that he stand firm. If there is no agreement by Dec. 31, the Republicans will have allowed taxes on middle-class Americans to go up needlessly but the full brunt of automatic tax increases and spending cuts would not be felt immediately. Negotiators will have time to reach the type of accord Mr. Obama described on Friday: Reduce the deficit while still making the investments we need to build a strong middle class and a strong economy. That is what he campaigned on, and won on.

The Role of the Military in Our Society


TO THE EDITOR:

Re The Permanent Militarization of America (Op-Ed, Nov. 5): I applaud Aaron B. OConnell for his brave and cogent article. The salute of all things military and the quick denunciation of any who dare question it has become a knee-jerk part of American life. It strikes me as a cynical ploy to ensure that the military-industrialCongressional-entertainment complex is perpetually well fed, even as spending on the rest of society is cut and the debt balloons. Dwight D. Eisenhowers warning of the dangers of this imbalance was as prescient as it is unheeded. Unlike the case in World War II, Korea and Vietnam, today relatively few Americans have direct contact with the professional troops who fight, even as we enter a second decade of continuous conflict. The cost of our permanent state of war in terms of lives, treasure and spiritual health is the kind of burden that, in the rearview mirror of history, brings down great nations. GLENN BAKER Falls Church, Va., Nov. 6, 2012 The writer was a producer for the PBS television shows Americas Defense Monitor and Foreign Exchange With Fareed Zakaria.
TO THE EDITOR:

interests, he goes on to most usefully emphasize broader cultural aspects of the normalization of war. Central to such normalization is a heightened rush to designate an enemy. So long as American foreign policy continues to be tainted by the amorphous concept of a war on terror, there will never be a dearth of enemies, or a significant reduction in militarization. EDWIN M. SCHUR New York, Nov. 5, 2012 The writer is professor emeritus of sociology at New York University.
TO THE EDITOR:

Aaron B. OConnell writes that for non-veterans including about fourfifths of all members of Congress there is only unequivocal, unhesitating adulation for the military. This may be an artifact of the times when our soldiers were conscripts, not government employees who voluntarily signed on for military duty. While military employees deserve high praise for work well done under dangerous circumstances, draftees deserved something more. The govern-

A Supreme Test on the Right to Vote


The justices will reckon with Congresss power to address persistent discrimination
The Supreme Court decided on Friday to review Section 5 of the 1965 Voting Rights Act, which has been crucial in combating efforts to disenfranchise minority voters. The justices should uphold the validity of the section, which requires nine states and parts of several others with deep histories of racial discrimination to get permission from the Justice Department or a federal court before making any changes to their voting rules. The case, Shelby County v. Holder, was brought by an Alabama county, which contends that Section 5 intrudes unconstitutionally on the sovereign authority of states and that federal review of proposed voting changes, once needed to end legal segregation, is no longer required. Nothing could be further from the truth. Just this year, Republican efforts to block the votes of minorities and the poor which were rejected again and again by federal judges relying on the Voting Rights Act, including Section 5 have made that utterly clear. Judge John Bates of Federal District Court in the District of Columbia, rejected Shelby Countys challenge last year, noting that Congress, in renewing the section in 2006, found that 40 years has not been a sufficient amount of time to eliminate the vestiges of discrimination. In May, the Court of Appeals for the District of Columbia upheld his ruling, saying that discrimination in voting is one of the gravest evils that Congress can seek to redress and that Congresss painstaking research in its renewal of Section 5 (22 hearings and 15,000 pages of evidence) deserves judicial deference. In another voting rights case in 2009, the Supreme Court said there were serious constitutional questions about whether Section 5 meets a current need. That comment left some legal experts with the impression that the court came close to striking down the provision. But the justices did not do so in that case, and they have even less reason to in this case. Overt discrimination clearly persists and remains pernicious in places like Shelby County.

Everyone should heed Aaron B. OConnells thoughtful warning about the consequences of our countrys uncritical support of all things martial. Of course we need an effective military for the defense of our country. But it is sad when we reach the point where scrutinizing the cost of that defense is viewed as somehow unpatriotic. We often hear that our foreign policy should be based on diplomacy, development and defense. Yet as Robert M. Gates, the former defense secretary, once observed, there are more people in American military bands than in the United States Foreign Service. And are the thrills that we and our children get out of the Blue Angels acrobatics really worth a yearly cost of almost $40 million? The extraordinary attention and resources being devoted to all things martial should certainly concern us all, especially in these days of financial and economic stress. WALTER L. CUTLER Washington, Nov. 6, 2012 The writer is a former career diplomat and United States ambassador.
TO THE EDITOR:

JOON MO KANG

ment ordered them to pick up a weapon and fight, and those who did so out of pure patriotism perhaps deserved unequivocal, unhesitating adulation. They got that after World War II, but not after Vietnam; mores the pity. JEFF COX Kenwood, Calif., Nov. 5, 2012
TO THE EDITOR:

If Aaron B. OConnell may understate somewhat the role of economic vested

How is it that we can talk about the permanent militarization of America when there is no draft and the armed services are more socially isolated than they have been for generations? ROBERT WELLS Houston, Nov. 5, 2012

Path to Mideast Peace


TO THE EDITOR:

Ex-Offenders and the Vote


TO THE EDITOR:

Three Strikes Made Fairer


Californias voters softened one of the nations most destructive and unfair sentencing policies this week when they approved a ballot initiative revising the infamous three-strikes law of 1994, which imposes a life sentence for any felony conviction no matter how minor if the defendant has two previous serious convictions. The revised law imposes a life sentence only when the third felony conviction is serious or violent. It also authorizes the courts to resentence thousands of three-strikers whose third offenses were not violent or serious, as long as they do not pose a serious risk to public safety. The three-strikes law epitomized the mass-imprisonment fever that swept the nation in recent decades. Soaring prison costs and overcrowding have been particularly acute in California, which is currently under a federal court order to cut its prison population, and where threestrikes cases account for about a quarter of all inmates. Many elected officials have long understood that this law was unjust and that it had no real impact on crime. Even so, few of them spoke out publicly for reform, fearing that they would be turned out of office by law-and-order voters. An exception was the Los Angeles County district attorney, Steve Cooley, a Republican, who criticized the law when he ran for office in 2000. Once elected, he made it a matter of policy to invoke the law carefully so as to avoid disproportionately harsh sentences for relatively minor crimes. It was too long in coming, but Californias voters have at last improved a law that was not only financially burdensome but grossly unfair.

THE CITY LIFE

The Search for Words Amid Devastation


On Friday morning, fresh light fell on the continuing miseries wrought by Hurricane Sandy, and Abby Barnett, a city schoolteacher, was entirely grateful for the brilliant sun as she continued to muck out her battered bay-front home in Belle Harbor, on the Rockaway Peninsula. The looters were right there, she said, pointing to the backyard of a neighbor who heard them and began screaming, alerting others guarding hearth and home through another cold night of uncertainty. People in Belle Harbor, like others stranded along the Rockaways, a protective barrier for metropolitan New York, must employ heightened watchfulness: firmly chaining down electric generators, hiding priceless cans of gasoline in garbage cans, watching their mountains of street debris be picked over by outsiders eager for someone elses valuables. But the greatest fear, many admit, is being forgotten by the gleaming city across the bay. Mad Max, a neighbor commented to Ms. Barnett, summoning an old cutthroat survivalist film. She disagreed, observing that the neighborhood is rich in members of the police and fire department, already keeping an eye on the area. Plus there is a resilience forged by tragedy, first on 9/11 when a dozen locals lost their lives in the Twin Towers, then two months later when an airliner crash set Belle Harbor afire. After Sandy, state and city leaders invoked the mantra that New Yorkers are tough in facing the worst of times. Theres definitely truth to that, Ms. Barnett said. Were super resilient. But now I think were more afraid of the future, of what happens next. She found a lesson in the miles of splintered boardwalk and broken houses. Even the forces of terrorism in 9/11 eventually were tracked down and brought under some control, she said. But this, said Ms. Barnett, gesturing to the waters, gleaming and serene, we see this now as a force of nature thats beyond control. FRANCIS X. CLINES

Contrary to your assertion in Palestinians at the U.N., Again (editorial, Nov. 5), the Palestinians do have more than one diplomatic card. The one they should play now is returning to the direct talks with Israel that the Palestinian Authoritys president, Mahmoud Abbas, abandoned four years ago. Thats the only path to sustainable peace. Continuing to ignore the democratically elected Israeli government or trying another United Nations end run for Palestinian statehood will not move the peace process forward. Prime Minister Benjamin Netanyahu of Israel has offered direct talks beginning immediately. He has endorsed a two-state accord with the Palestinians. Yet the Palestinian Authority has been missing in action, preferring to layer one condition after another on reviving talks, while sending mixed messages about its own commitment to peace with Israel. The editorial inexplicably does not assess the Palestinian Authority any responsibility for the current impasse. And it also does not mention another stumbling block. How can a two-state deal be achieved when the Palestinian Authority has no authority in Gaza, from which it was ousted by Hamas in 2007? Israel does not need lectures about the necessity of peace. Rather, it requires forward-looking partners for peace. When they emerge, as was the case with President Anwar el-Sadat of Egypt and King Hussein of Jordan, peace not only becomes possible, but also inevitable. ROBERT ELMAN President American Jewish Committee New York, Nov. 5, 2012

Re The Struggle to Cast a Vote: Wrongly Turning Away Ex-Offenders (editorial, Nov. 4): Turning away people with criminal histories who are legally entitled to vote is not just a problem for other states around the country; it is a problem right here in New York. Just two weeks ago, we were contacted by a woman who was incorrectly told by the Board of Elections that she could not vote because of her conviction. Unfortunately, this is not an isolated occurrence. New York allows people to vote if they are on probation but not on parole, a distinction that makes no sense and is lost on many local election boards. As a result, boards often wrongly inform people who are on probation or have completed parole that they are ineligible to vote. New York should overhaul its voting laws and encourage civic participation by ensuring that all people with convictions who complete their prison terms or who were never in prison can vote. ANITA MARTON Vice President, Legal Action Center New York, Nov. 8, 2012

Housing for Storm Victims


TO THE EDITOR:

ONLINE: MORE LETTERS

Technology in schools: An educator says the emphasis should be on engagement, not distraction. Also: Natures protective ways.
nytimes.com/opinion

Re With $200 Million in U.S. Housing Aid, Officials Begin Relocating the Displaced (news article, Nov. 6): Whenever I drive on Routes 1 and 9 heading south in New Jersey, my attention is drawn to the hundreds of shipping containers that resemble a highdensity residential complex. With this in mind, doesnt it make sense to take these stored containers and modify them with windows, doors, partitions, utilities and insulation and use them as temporary housing? They seem to be waiting to be used in a much-needed way instead of sitting dormant. CARMI BEE New York, Nov. 6, 2012 The writer is an architect.

THE NEW YORK TIMES OP-ED SATURDAY, NOVEMBER 10, 2012

A21

Migrants Are Also Neighbors


By Geraldo L. Cadava

CHARLES M. BLOW

JOE NOCERA

Election Data Dive


Since this may be my last column about the 2012 elections, lets have some fun. Allow me to arm you with a collection of facts and data about the election results that you can use at your next cocktail party, during your next coffee break or during your next P.T.A. meeting. First, a comment about the exit polls from which most of these data are drawn: They were conducted only in 30 states. And, unfortunately, the balance of states polled tilted heavily toward those won by President Obama. Of the 25 states Obama won, exit polls were conducted in all but three. Obama also won the District of Columbia, which had no exit polls. Of the 24 states Mitt Romney won, exit polls were conducted only in eight. (Obama is leading in Florida, which would be a 26th state won by Obama and a state for which there are exit polls. However, The New York Times had not yet called the state at the time of publication.) With those caveats, lets dive in: My analysis of the 2008 election found that even if every black person in cent of the voters in 2008 to 15 percent this year. Threaten to steal something, and its owners grip grows tighter. Romney won nine of the 11 states that were once in the Confederacy. Romney also won eight of the 10 states with the lowest population density: Alaska, Wyoming, Montana, North Dakota, South Dakota, Idaho, Nebraska and Utah. Obama won New Mexico and Nevada. (Hello. Hello. Hello. Is there an echo in here?) Romneys biggest margin of victory came in Utah, home of the Mormon Church. Utah was one of three states in which Romney won every county. The other two were West Virginia and Oklahoma. Obama won every county in four states: Hawaii, Massachusetts, Rhode Island and Vermont. This year was the first presidential election in which there were more Asian-American voters (11 percent) in California than African-American ones (8 percent). In 2008, 6 percent were Asian-American and 10 percent were African-American. In fact, there were more Asian-American voters than African-American voters in Washington and Oregon, the other two Pacific Coast states, this year, too. Among the states in which exit polls were conducted, Obama won the lowest percentage of the white vote in the state with the highest percentage of black voters. That state was the everreliable Mississippi, where Romney made his famous I like grits comment. Thirty-six percent of the voters in Mississippi are black. Obama won a mere 10 percent of the white vote there. Conversely, Obama won one of his highest percentages of white voters in the state with the fewest minority voters: Maine. Ninety-five percent of Maines voters were white, and 57 percent of them voted for Obama. That ties with one other state for the highest percent of whites voting for Obama: Massachusetts, where 86 percent of the voters are white. In fact, Obama won the white vote only in states with small minority voting populations. The others Obama won were Iowa (93 percent white), New Hampshire (93 percent white), Oregon (88 percent white), Connecticut (79 percent white) and Washington State (76 percent white). This is quite a curious phenomenon. Obama won all four states that begin with New (New Hampshire, New Jersey, New Mexico and New York), but he lost all five that begin with a direction (North Carolina, South Carolina, North Dakota, South Dakota and West Virginia). O.K., I threw that one in for fun. Now, political junkies, go forth and spout facts!

The Obama Coalition


Percentage of each groups total voters who voted for Obama in the states that he won. White Calif. Colo. Conn. Del. D.C. Hawaii Ill. Iowa Me. Md. Mass. Mich. Minn. Nev. N.H. N.J. N.M. N.Y. Ohio Ore. Pa. R.I. Vt. Va. Wash. Wis. Fla. 66 37 53 48 37 94 95 66 60 93 64 66 46 51 57 43 57 44 48 43 51 43 41 49 41 54 42 93 80 94 96 96 65 89 54 92 71 50 97 92 95 96 81
Data not available for all states and all groups.

Black Hisp. 96 72 75 93 79

Asian 79

No Heat Till Christmas?


On Friday morning, I drove out to the Rockaways with Nan Shipley, a 48-yearold real estate broker and mother of three. Though we barely know each other, she had been sending me e-mails all week, updating me about the problems facing residents of the Rockaways, the thin peninsula on the southern edge of Queens that had been decimated by Hurricane Sandy. Shipley, who lives in Manhattan, had been going out there every day since last Saturday, volunteering in the hardhit enclave of Belle Harbor, where a Roman Catholic church, St. Francis de Sales, had essentially been taken over by relief workers. She had expected to help out for a day or two, assuming that the Red Cross, the Federal Emergency Management Agency, or state and city workers would quickly take over. But that hadnt happened. As one day bled into the next, the volunteers had organized themselves. Leaders emerged who, with no prior experience, figured out how to help people in a disaster. They found restaurants willing to donate hot meals, rented buses to truck in more volunteers and brought in supplies to help residents battle the cold weather. By Friday, when I arrived in Belle Harbor with Shipley, the church had been transformed into a model of efficient distribution. A volunteer disaster relief organization, Team Rubicon, made up of military veterans, had parachuted

EVANSTON, Ill. ATINOS might have made the pivotal difference in Tuesdays election, especially in battlegrounds like Nevada, Colorado, Florida and Virginia. Republicans are already debating how to convert more of them along with women, blacks and young people from the Democratic camp. Comprehensive immigration reform has been an elusive goal of both parties for two decades and is a priority of President Obamas second term. But it will be hard to achieve unless the United States also re-envisions its approach to Mexico and other Latin American countries. The United States has historically shifted its Latin American policies according to its national interests. This wont change, but the growing Latino voting bloc is likely to bring about a more nuanced approach. For decades, public opinion about our southern neighbors particularly with respect to immigration has moved sharply to the right, with devastating consequences for transnational relations and for Latin American migrants in the United States. It was not always so. Franklin D. Roosevelts Good Neighbor Policy stressed cooperative hemispheric relations reliant on cultural and commercial exchange, and despite periodic interventions and exploitative labor practices that contradicted it that approach remained a pragmatic tenet of United States-Latin American relations after World War II. It aimed to appeal to voters of Latin American descent (at the time, mostly Mexicans, Cubans, Puerto Ricans and Dominicans); to insulate the United States against charges of imperialism and discrimination; and to buffer Latin America from Communist influence. Politicians in Mexico and the United States encouraged cross-border tourism, business ventures, student exchange programs, shopping trips and joint cultural celebrations. The logic of gradual cooperation was so powerful that in 1962 even Barry M. Goldwater, the conservative Arizona senator, predicted that by 2012, the Mexican border will become as the Canadian border, a free one, with the formalities and red tape of ingress and egress cut to a minimum so that the residents of both countries can travel back and forth across the line as if it was not there. Cold war politics, which heightened suspicion of foreigners, complicated matters. The 1952 McCarran-Walter Act took aim at the Mexican border as a doorway for Communist infiltration. In 1954, the Border Patrol began Operation Wetback, which rounded up and deported many thousands of Mexicans. Many more left voluntarily self-deported, in todays terms. And it is often forgotten that much migration was initiated by upheaval originating with American policies. From Roosevelt onward, presidents sanctioned antidemocratic violence in countries like Panama, Cuba, Guatemala and the Dominican Republic. When their interest waned, they left behind violent unrest and military dictatorships, culminating in civil wars like those in Guatemala and El Salvador. Today, American politicians continue to preach the benefits of harmonious relations with Latin America, primarily in commerce. But when it comes to immigration, much of the past 40 years has been spent building walls rather than bridges. The United States has replaced the Mexican borders barbed wire with a steel fence. The war on drugs, fueled as much by American drug consumers as by American and Mexican policing, has militarized the border further. Nativist vigilantes north of the border have detained and tortured Mexican immigrants. Increasingly tied to extended families in Latin America by phone, Internet, remittancesand travel, American Latinos watched these developments with alarm. Republicans might do well to remember Ronald Reagans visit to Sonora, Mexico, shortly before the 1980 election. He called Mexico Americas most important ally and said undocumented immigrants had a right to work in the United States. In his second term he signed the Immigration Reform and Control Act, which included amnesty provisions that naturalized millions of Mexicans, even though the law also militarized the border by expanding the Border Patrol. Anti-immigrant politics have hardened since then. Mr. Obama, working with Congressional Republicans, must restore more humane policies, beginning with comprehensive immigration reform that will ensure citizenship for undocumented children and a path to legal status for other undocumented people. He must also demilitarize the border. Americans shouldnt see comprehensive immigration reform as a domestic policy that protects American sovereignty; instead, it should be a cross-border initiative with a vision of warm relations in the hemisphere. Border enforcement, criminal prosecution, fence construction and drug wars must be part of the debate. But more emphasis needs to be placed on enabling movement throughout the Americas by workers, families, students and businesspeople. This approach will strengthen our partnerships and also our national security. However imperfectly, leaders from Roosevelt forward knew that friendly relationships with Latin America encouraged the assimilation and loyalty of Hispanics in the United States. If our leaders werent reminded of this lesson on election night, surely they will be soon.

45 44 51

Democratic Party, Republican Party, cocktail party.


America had stayed home on Election Day, Obama would still have won the presidency. Thats because the white vote and Hispanic vote were strong enough to push him over the needed 270 votes to win the Electoral College. This year is a different story. This year, his path to victory required a broader coalition. Without the Democratic black vote joining with that of liberal whites and Hispanics on Tuesday, Obama would likely have lost half the states that he won. This fact may embolden those who say that the president should more directly address issues facing the AfricanAmerican community. There may have been a backlash against voter suppression laws, bringing more minorities to the polls, not fewer. The share of Hispanic voters rose in many states won by Obama. That can be attributed both to the surging Hispanic population in the country and to the Obama campaigns incredible getout-the-vote operation. It is less clear why the black vote held steady or grew in many of those states. In Ohio, for example, blacks jumped from being 11 per-

A visit to the Rockaways shows the city needs all the help it can get.
in and organized it to a fare-thee-well: meals given out on this side, diapers and baby food over there. To the extent that there was a government presence, it consisted mainly of a Medicare truck parked outside. Near the church, I could see homes that had burned down. Most of the other houses were uninhabitable. Cars were sometimes strewed up on sidewalks. Nobody had power. Things have gotten a lot better, Shipley said, as I looked at the scene in amazement. The Sanitation Department has done a great job of cleaning up the debris. We drove farther east to Far Rockaway, a much poorer area. There were long lines at various churches that were serving as distribution centers. Although there were police officers everywhere, the hard work of getting Far Rockaway residents help had, once again, fallen to volunteers. At the Church of the Nazarene in Far Rockaway, however, I did see a FEMA presence; I was told that FEMA had arrived on Thursday. You would think that FEMA, with all its expertise, would be coordinating the relief effort.But you would be wrong. When I asked one FEMA official what his workers were doing, he said they were mainly trying to make sure that residents applied for assistance.That is not insignificant, of course, but its not exactly leading the charge. In a nearby building, the office of the local city councilman, James Sanders Jr., had been transformed into a minidisaster-relief headquarters. Sanders sounded deeply frustrated. It is getting cold out here, he said. He had just come from a meeting with the Long Island Power Authority, where he had been informed that no one would get power until an electrician had inspected the homes. I told them that was impossible, he said. People arent going to have heat until Christmas. When I called Mayor Michael Bloombergs office to ask why so much of the relief effort had been left to volunteers, I got immense pushback. Cas Holloway, one of Bloombergs deputy mayors, told me that the city had handed out two million meals. The city was coordinating with the Salvation Army, he said, and was a big presence in the Rockaways. It had set up five distribution centers there. It was paying food trucks to give out free food. Be that as it may, I can tell you that that is not the experience of many volunteers or residents of the Rockaways. Before the storm hit, Mayor Bloomberg said that New York City didnt need FEMAs help because the city had everything under control. You dont have to spend much time in Queens to realize that New York City needs all the help it can get. It is extremely fortunate that it is getting so much help from volunteers. Before we left the Rockaways, Shipley and I met a man who had come into Sanderss office looking for help. He had two children, he said, including a 2-month-old baby who had had bronchitis and had just gotten out of the hospital. Our house is too cold, he kept saying, wiping tears from his eyes. The baby will get sick again. We need a place to stay. After talking to the man, Shipley walked back to the Church of the Nazarene to see if one of the FEMA officials could do something. A few minutes later, she came back frowning. He said to call 911, she said. Gail Collinss column will appear in the Sunday Review this weekend.

Florida has yet to be called. Exit polls were conducted by Edison Research for the National Election Pool, a consortium of ABC News, The Associated Press, CBS News, CNN, Fox News, and NBC News. Questionnaires are completed by voters leaving randomly selected polling places throughout each state. The polls also included telephone interviews with early and absentee voters in states where substantial numbers of non-traditional voting is expected. The polls for Colorado, Oregon and Washington State are based entirely on telephone surveys.

Hurricanes and Hot Baby Names


By Jonah Berger
PHILADELPHIA N this years first-grade classes, teachers might notice an unusual number of Kimberlys, Karens and Kevins. This follows an earlier bump for Alexes and Amandas, and other names that start with A. Why? One factor might be . . . the weather. As part of our research on trends and how ideas catch on, my colleagues and I analyzed more than 125 years of data on the popularity of baby names. Many, many Jessicas, Jacobs, Rivers and even Maxxes. We found that names that begin with K increased 9 percent after Hurricane Katrina in 2005. And names that start with A were 7 percent more common after Hurricane Andrew in 1992. It wasnt that people named their babies after the storms. (In fact, fewer people named their children Katrina and Andrew after each respective hurricane.) Rather, it was similar sounding names that spiked after particular storms. Predicting cultural trends is of great interest to companies, consumers and cultural critics. Will a new song be a hit or a flop? Will turquoise be the new black? Will a particular public policy idea catch on or fizzle fast? There are big stakes big rewards in being able to accurately forecast cultural trends. Predicting the future, however is notoriously hard to do. Its easy to find examples of things that have caught on. Low-fat Greek yogurt. Tablet computers. Fifty Shades of Grey. But even experts have difficulty identifying hits before they take off. J. K. Rowling sent her first Harry Potter book to 12 publishing houses, all of which turned her down. Warner Brothers sank over $120 million into The Adventures of Pluto Nash, which took in less than $8 million at the box office. For every futurist who predicted the organic food movement, there were 10 who predicted that mechanized hugging booths will be the wave of the future. The data on first names that I mined with my colleagues Eric Bradlow, Alex Braunstein and Yao Zhang suggests an identifiable indicator of future popularity. Conveniently, theres no shortage of data. Everyone has a first name. And previous

research has shown that names affect everything from how attractive people seem to others to how many callbacks they get from future employers. But what explains the appeal of a particular name? A key factor is the association a particular name conjures. Sharon might sound nice if it reminds you of your best friend in high school; Jennifer would likely be less appealing if you had an evil boss or crazy aunt with that name. Popularity plays a part in name selection too. Some parents want uncommon names (Blue Ivy), but most want something

Geraldo L. Cadava is an assistant professor of history at Northwestern University.

Jonah Berger is an assistant professor of marketing at the Wharton School of the University of Pennsylvania and the author of the forthcoming book Contagious: Why Things Catch On.

with which we hear certain names. The more damaging the storm, the more frequently we hear its name. Think about how often youve heard the word Sandy during the last two weeks. Are people so easily influenced? Apparently. We like what we know or what looks and sounds similar to what we know. Modern art might seem grating the first time we see it, but after youve seen a couple of Picassos, Kandinskys are more pleasing to the eye. The same is true for names. Sandy brings to mind negative thoughts at the moment, but hearing it over and over again should make names that start with an S sound better. Even if we have no idea that the hurricane is what made them sound so appealing. The lure of the familiar has evolutionary benefits. It helps children bond with their caregivers, guides animals toward plants that are safe to eat and helps spouses stick together through mood swings, piles of dirty clothes left on the floor and other annoying things that never seem to go away. Similarity shapes popularity because it makes things feel familiar. Whether a certain song takes off or a new car becomes immensely popular depends not only on the car or song itself but also on how similar they are to others that have been popular recently. Greek yogurt sales have been buoyed by the big success of low-carb, high-protein diets. Fifty Shades is similar to another recent blockbuster book, the implicitly sexual vampire fantasy Twilight. Politics can play a part, too. JESSICA HISCHE The name Barack still hasnt broken into the top 1,000 names for boys in the United States (Mitt hasnt either.) But given the recent attention it has received, teachers shouldnt be surprised if they start seeing more Benjamins or Beckys in the next few years. The names Stephanie, Steve and Susan (as well as Randy, Mandy and Brandi) may also soon see an increase in popularity. In view of the damage the hurrimore mainstream. Too popular though, cane caused, these names sound someand people may avoid it. how nicer than Sandy, but also nicely faBeyond the name itself, we found that miliar. the popularity of other similar-sounding names plays a determining role. People are more likely to name their child MadiONLINE: MORE OP-ED son when lots of Morgans, Michaels or As Hurricane Katrina showed in the other babies with names that begin with Gulf States, storm-ravaged areas of M have been born recently. Or when more Katelyns, Allisons or other young New York and New Jersey will face children are born whose names end with thorny dilemmas about displacement an N. and rebuilding, Daniel Wolff writes. Hurricanes have a similar influence nytimes.com/opinion because they increase the frequency

Sandy, we hardly knew ye. So why we did we name our child for you?

S.& P. 500 1,379.85 Dow industrials 12,815.39 Nasdaq composite 2,904.87 10-yr. Treasury yield 1.61% The euro $1.2709

U U U D D

2.34 4.07 9.29 0.01 0.0031

Acquisitions

A Liquor Deal
Vijay Mallya is selling part of his liquor company, Indias biggest, to Diageo. 3

The Chinese economy shows signs of a debt-fueled recovery. 2 American Airlines reaches an agreement with its pilots.
6

Citigroups ousted chief, Vikram Pandit, will get $6 million in incentive pay. 3

B1

SATURDAY, NOVEMBER 10, 2012

A Brand Icon Lockheed Forces Out Incoming Chief In Need After Uncovering Affair With Worker Of Some Oversight
By CHRISTOPHER DREW

Higher Taxes Are to Start With Flip of a Calendar


By CATHERINE RAMPELL

Among Americas corporate leaders, there are surely few whose interests are more closely aligned with their shareholders than the homemaking icon Martha Stewart. She owns 26 million shares and controls nearly 90 percent of the voting rights of Martha COMMON Stewart Living OmniSENSE media. Shes the companys nonexecutive chairwoman and serves on the board. Martha Stewart, the company, is inseparable from Martha Stewart, the person. Her net worth is inextricably tied to the value of the shares. That would seem obvious to everyone except, perhaps, Ms. Stewart herself. She continues to collect lavish multimillion-dollar compensation and perks while her company teeters under the weight of huge losses, its shares trading for a fraction of their former value. The paradox is that if the stock had risen even $1 a share in recent years, Martha Stewart would be wealthier now than if she had taken only nominal compensation from the company. Youd think thered be very little need for board oversight because of the strong alignment of the companys interests with her personal wealth, Paul Hodgson, a compensation expert and senior research associate at GMI Ratings, told me this week. Everything should be pushing her to make sure the company succeeds. For some reason, thats not happening. Last week, Ms. Stewarts company reported a $50.7 million quarterly loss, a staggering amount considering it exceeded Continued on Page 7

JAMES B. STEWART

Lockheed Martins incoming chief executive was forced out on Friday after an investigation showed he had had an improper relationship with a subordinate. The official, Christopher E. Kubasik, 51, was vice chairman, president and chief operating officer of Lockheed, the worlds largest military contractor. He was to become chief executive on Jan. 1. Robert J. Stevens, Lockheeds current chief executive, told reporters that an employee had tipped off the company two weeks ago to Mr. Kubasiks relationship with another employee. Mr. Stevens said an investigation by outside lawyers had confirmed the assertion, which violated company ethics codes, and led the board to demand his resignation on Friday. Citing privacy concerns, Mr. Stevens would not disclose details of Mr. Kubasiks relation-

LOCKHEED MARTIN, VIA PR NEWSWIRE

Christopher E. Kubasik, 51, was to become Lockheeds chief executive on Jan. 1.


ship. But Loren Thompson, a military analyst and consultant to Lockheed, said that Mr. Kubasik, who is married, had been involved in a long-standing rela-

tionship with a female employee who has since left the company. Lockheeds board selected a longtime company executive, Marillyn A. Hewson, to replace Mr. Kubasik as president and chief operating officer now and to become chief executive on Jan. 1. Mr. Kubasiks dismissal comes at a crucial time for Lockheed and the military contracting industry in general, as President Obama and Republican leaders in Congress begin to look at ways to cut the federal budget. Military spending, which surged after the 2001 terrorist attacks, has already begun to slow, and Lockheed and other military companies have laid off thousands of workers and are consolidating operations to deal with what Mr. Stevens calls the new reality. Mr. Kubasiks departure also represents a significant change Continued on Page 6

Americans taxes will rise in a few weeks. Though the direction is clear, the exact amount is yet to be determined. More than a dozen tax cuts are set to expire Dec. 31 and a couple of new taxes are scheduled to start with the new year. Combined, they would affect nearly 90 percent of taxpayers, from the very richest to the very poorest, with the typical households tax bill rising by about $2,000 in 2013, according to the nonpartisan Tax Policy Center. Taxes on one-percenters would rise an average of $121,000. On Tuesday, Congress will reopen discussions about how to deal with the combination of spending cuts and tax increases looming at year-end, and maybe even dip a toe into a broader tax overhaul. It would be bad for the economy and it would hit families

that are already struggling to make ends meet, President Obama said on Friday of the scheduled increases in taxes. While there may be disagreement in Congress over whether or not to raise taxes on folks making over $250,000 a year, nobody not Republicans, not Democrats wants taxes to go up for folks making under $250,000 a year. While legislators are expected to try to reverse or temper many of the scheduled tax increases, at least a few appear to be a certainty. Accountants and tax lawyers are expecting a flurry of frantic calls in the last few weeks of this year as clients rearrange their affairs to minimize the blow. I dont expect to have any respite from now till the end of the year, said Robert Willens, the president of his tax and accounting practice in New York. Continued on Page 4

After the Storm: Managing Claims


Reasons for Homeowners to Be Wary Until the Insurance Check Is in Hand
There is a sort of honeymoon period that occurs after a big storm like Hurricane Sandy, wheninsurance executives appear on the local news offering reassuring words. Their brightly painted vans pull into residential neighborhoods amid the standing water and deYOUR bris. Everyone is hopeMONEY ful. Handshakes and back-patting all around. That period is about to end. Prices for roofers and construction materials will rise, disadvantageous parsing of policy language will commence and gangs of class-action lawyers will round up aggrieved clients who still have months of homelessness ahead of them. Many claims will take years to settle. It happens every time, and so it will with this storm. Thats not to say that a majority of people with insurance claims wont be satisfied with the check they receive or wont get one quickly. But when this many people have extensive damage to their most significant asset, billions of dollars are at stake for the companies that have the power to make them whole. So there is no reason for policyholders to be anything but wary until their own big check clears. Many victims of Hurricane Sandy are novices when it comes to catastrophic insurance claims. So to see what sort of resistance they should expect shortly, I turned to the lawyers and adjusters-for-hire who do nothing but negotiate with insurance companies all day long. Some of them used to work for the companies, in fact. Here are the things they warn people to watch out for:

RON LIEBER

Make Room For Deals After Turkey This Year


By STEPHANIE CLIFFORD

There was an outcry last year when some retailers opened at midnight on Thanksgiving, with workers and shoppers saying the holiday should be reserved for family, not spent lining up for the start of the Christmas shopping season. This year, retailers are responding to the criticism by opening even earlier on Thanksgiving evening and a handful are even planning to be open all day. The lesson of 2011 was clear: earlier shopping hours were good for the top line. Retailers said their midnight openings drew a younger crowd who wanted to party and shop late rather than get up early. At Macys Herald Square store in Manhattan, for instance, about 9,000 people were in line as it opened, compared with 7,000 for an early Friday opening the previous year. We got customer feedback that says, I like to shop earlier so I can go to bed earlier, so as we looked at the balance of being competitive in the marketplace and being customer-centric, said Duncan Mac Naughton, chief merchandising and marketing officer for Wal-Mart, which will put its first doorbuster items on sale at 8 p.m. on Thanksgiving. Just a few years ago, most major stores opened about 5 a.m. on the Friday after Thanksgiving, usually the busiest shopping day of the year. This year, not only are the openings scattered across two days, but several retailers are offering staggered deals some items at a certain time, other items a few hours later, still others over the weekend. We had Black Friday pretty cleanly teed up, with, here are the ads, here are the stores opening Friday morning, pick a retailer and go, said Brad Wilson, who Continued on Page 4

THAT INDEPENDENT ADJUSTER

TOP, TOM MIHALEK/REUTERS; LEFT, NICOLE BENGIVENO/ THE NEW YORK TIMES; RIGHT, POOL PHOTO BY CARLOS BARRIA

Top, Mark Baronowski shoveled sand on Sunday from a home in Bay Head, N.J. Hurricane Katrina left problems after nine months, left, in Biloxi, Miss., and two weeks, in New Orleans.

Many people with damaged homes have started to meet with representatives who assessed their damaged homes to estimate repair costs. They may have introduced themselves as independent adjusters, but this is a Continued on Page 5

In Unusual Move, the Delaware Supreme Court Rebukes a Judge


By PETER LATTMAN

As the chief judge of the Delaware Court of Chancery the countrys most influential court overseeing business cases Leo E. Strine Jr. has been called an activist. He has also been called an iconoclast, a genius and a humorist. But this week, Delawares highest court calledhim out of bounds. The Delaware Supreme Court issued a stinging rebuke of Judge Strine onWednesday, criticizing him for what it said was an improper digression in an opinion. Judge Strines decision related to a contractual dis-

pute but went off on an 11-page tangent about an obscure issue related to limited liability companies. The courts excursus on this issue strayed beyond the proper purview and function of a judicial opinion, the Supreme Court wrote, adding, We remind Delaware judges that the obligation to write judicial opinions on the issues presented is not a license to use those opinions as a platform from which to propagate their individual world views on issues not presented. Famous among lawyers for his colorful opinions and courtroom meanderings which are

frequently laced with cultural references, both high and low Judge Strine has supporters and detractors in the securities class-action bar. The Delaware Court of Chancery exerts a powerful influence on United States business because many large companies are incorporated in Delaware and litigate cases there. Several lawyers, none of whom would be quoted by name because they all practice before him, said it was only a matter of time before someone sought to rein him in. Im only surprised it took this long, said a corpoContinued on Page 6

TIM SHAFFER FOR THE NEW YORK TIMES

Leo E. Strine Jr., the chief judge of the Delaware Court of Chancery, is known for his colorful opinions and digressions.

B2

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

Fueled by Debt, a Recovery Takes Hold in China


By KEITH BRADSHER

ONLINE: MOST POPULAR

BEIJING With construction cranes moving again all across China, from Guangzhou to Beijing, and with steel mills and concrete factories busy once more, the Chinese economy is showing signs of a debt-fueled recovery this autumn even as the United States and particularly Europe continue to struggle. Industrial production, fixed-asset investment, retail sales and electricity generation all strengthened more than expected last month, continuing a trend that began in September, while inflation slowed more than forecast. State-owned banks have released a torrent of loans to stateowned enterprises since May, producing a swift revival of investment spending this fall but also raising questions about the efficiency of those investments. A raft of data came out Friday as senior officials and top military officers gathered here this week for a once-a-decade leadership transition at the Party Congress, prompting some skepticism overseas and in China that the data might have been manipulated for political benefit. But while many economists and business executives say that Chinese economic data may have been deliberately altered over the spring and summer to hide the severity of an economic slowdown, they expressed more confidence that the economy was now on the mend. An aging work force, overcapacity in many industries and heavy corporate debts appear to be producing a weaker recovery than in 2010, however, with little sign that the encouraging indicators released on Friday point to growth rates that will reach double digits again anytime soon. Given that they have been published while the Party Congress is in session, some skeptics have questioned whether they can be believed, Capital Economics, a London consulting firm, said in a research note. In our view, there is solid evidence of a turnaround but not of a strong rebound. Zhou Xiaochuan, the governor of the Peoples Bank of China, the countrys central bank, said at a news conference at the Party Congress Thursday evening that the economy appeared to have turned a corner even before the strong performance in October. After Chinas economy moderated in the second quarter, domestic policies adjusted, helping the economy to stabilize in the third quarter, especially in September, he said, predicting that the economy would keep growing unless lingering economic troubles overseas create renewed difficulties for China as well. Many worries persist about the sustainability of even a modest recovery heavily reliant on debt. Chinese banks are lending at such a brisk pace that by the end of next year they will have expanded their balance sheets in just five years by an amount equal to the combined balance sheets of the entire United States commercial banking system, according to Fitch Ratings. Yet Chinas economy is only half the size of the United States economy. Each extra dollar of lending since 2008 has produced less than half as much extra economic growth as before the global financial crisis. State-owned enterprises have finished urgent tasks like building enough steel mills to meet domestic demand and are now investing in less and less Hilda Wang contributed reporting from Hong Kong. Patrick Zuo contributed research from Beijing.

economically viable projects to sustain economic activity. As a result, the loan burden of Chinas corporate sector is soaring relative to the countrys economic output, reaching 1.9 times economic output this year after holding steady at about 1.2 times economic output in the years before the global financial crisis. Charlene Chu, the head of Chinese bank ratings at Fitch, predicted that such heavy Chinese lending could not continue indefinitely. Rising leverage either will swamp borrowers ability to repay, or banks funding and capital needs will fall short of existing resources, she said. Shang Fulin, the chairman of the China Banking Regulatory

A surge of prosperity coinciding with the Party Congress.


Commission, joined Mr. Zhou at the news conference Thursday and said that regulators had made sure that banks were not further increasing their lending to local governments, but he did not directly address corporate lending. Mr. Zhou, Mr. Shang and the chairmen of the countrys Big Four banks have scheduled for Sunday their first joint news conference in memory, to discuss the health of the financial system. The Chinese economy is especially dependent on investment spending these days because exports have not resumed the rapid growth to which many companies had become accustomed. The commerce minister, Chen Deming, said at a news conference Friday afternoon at the Party Congress that Chinas exports

would fall short of the governments target of around 10 percent growth this year, after rising by a little more than 6 percent so far this year. The timing of abrupt zigzags in Chinese economic policy appears to have matched factional struggles within the Communist Party, although officials have not acknowledged any connection. Inflation surged in 2010 and the first half of 2011, leading to a sharp uptick in the frequency of strikes and other protests by workers who said the purchasing power of their paychecks had eroded. The government responded by clamping down so hard on public spending programs and lending by stateowned banks that the economy slowed sharply by spring and summer of this year, with growth nearly stopping for crucial measures of economic activity like electricity generation. Mr. Zhou expressed concern about the weakening economy at the National Peoples Congress in early March, as the economy was starting to run into serious trouble but government policies continued to focus on curbing inflation. Yet as Bo Xilai, a Politburo member popular with leftists, was subsequently purged and political factions argued about his fate through the spring, economic policy stayed restrictive and largely unchanged through March, April and early May. The central bank is not politically independent in China, and all important economic decisions require political approval by the Standing Committee of the Politburo. With the construction sector dismissing very large numbers of workers by late spring and with factories cutting back, Prime Minister Wen Jiabao began publicly ordering a more expansion-

ary economic policy in May. That now appears to have turned around the economy, creating at least a temporary surge of prosperity that has coincided with the Party Congress. The National Bureau of Statistics here said on Friday afternoon that industrial production rose 9.6 percent in October from a year ago, compared with 9.2 percent in September and 8.9 percent in August. Retail sales were up 14.5 percent in October from a year earlier compared with 14.2 percent in September, even though slower inflation at the consumer level was acting as a brake on the increase in retail sales. Fixed-asset investment was up 20.7 percent for the first 10 months of this year, after being up 20.5 percent for the first nine months of this year. China releases only year-to-date figures for fixed-asset investment, partly because of the difficulty in tracking when money is actually spent on big construction projects. ANZ, the big Australian bank, said in a research note that the figures released on Friday were consistent with 8 percent economic growth in the last quarter of this year and even faster expansion in the first quarter of next year. By comparison, growth had weakened to 7.4 percent in the third quarter and 7.6 percent in the second quarter, according to official statistics. But many economists say that actual growth was lower in the second and third quarters than official statistics showed, as many sectors, particularly heavy industry, were stalling. By contrast, the growth this autumn appears broader, with the growth rate in steel and cement production doubling by October compared to the summer and roughly tripling for electricity.

Following are the most popular business news articles on NYTimes.com from Nov. 2 through 8: 1. How to Devise Passwords That Drive Hackers Away 2. Withdrawal of a Congressional Research Report on Tax Rates Raises Questions 3. Shunning Amazon, Booksellers Resist a Transformation 4. Modest Jobs Growth in Final Report Before Election 5. A Promising Drug With a Flaw 6. A Capitalists Dilemma, Whoever Wins the Election 7. Common Sense: Comparing the Tax Bite With Obama and Romney 8. Military to Deliver Fuel to Storm-Ravaged Region 9. Concerns Over Europe and Congressional Gridlock Shake Markets 10. Google Casts a Big Shadow on Smaller Web Sites And here are the most popular blog posts. 1. How New Yorkers Adjusted to Sudden Smartphone Withdrawal (Bits) 2. How to Keep Electronics Going With No Power (Pogues Posts) 3. Erica Hill, Formerly of CBSs Morning Show, to Join Weekend Today (Media Decoder) 4. One on One: Google Android Director on Nexus Strategy (Bits) 5. Twitter to Add Photo Filters to Compete With Instagram (Bits)

BUSINESS BRIEFING
BANKING

Loss at Crdit Agricole Tops Estimates


The French bank Crdit Agricole posted an unexpectedly large thirdquarter loss on Friday, mainly from costs related to the sale of its Greek unit. The loss was 2.85 billion euros ($3.6 billion), more than the 1.8 billion euros expected by analysts. Crdit Agricole booked one-time costs of 1.96 billion euros on the sale of its Emporiki unit. The French bank wrote down 181 million euros on its sale of CA Cheuvreux, a brokerage unit, to Kepler Capital Markets, and took an accounting charge of 193 million euros for its holding in the Spanish bank Bankinter. Crdit Agricoles revenue fell 32 percent, to 3.4 billion euros, mainly as a result of the sales of CA Cheuvreux and Emporiki. The bank said that it had made major progress in straightening out its business and that without the exceptional items its net income would have been 716 million euros in the latest quarter. It credited a strong performance from lending activities in France, where it is the market leader. DAVID JOLLY

Regulators Postpone Part of Financial Overhaul


United States regulators said Friday that they were postponing a significant part of the financial regulatory overhaul after banks said they would not be ready for the new rules. The regulators proposed the rules in June as part of an international effort to harmonize the global financial system. Smaller banks immediately objected to the proposals, saying they would be too costly and might deter them from making loans. The rules stem from internationally agreed standards adopted by a body called the Basel Committee on Banking Supervision. Last month, an industry group called the Independent Community Bankers of America said that nearly 15,000 community bankers and their allies had signed a petition against the rules. In particular, the community banks dont like Basel measures that would make banks hold bigger loss buffers, or capital, against mortgages. Some advocates of stronger regulation said they hoped the delay on Friday wouldnt lead to exemptions for large banks. PETER EAVIS

MERGERS AND ACQUISITIONS

Titanium Metals Acquired for $2.9 Billion


The Precision Castparts Corporation said on Friday that it had agreed to pay $2.9 billion for the Titanium Metals Corporation, controlled by the Texas billionaire Harold Simmons, to expand its portfolio of casting products used in jet engines. Precision Castparts, whose castings are used in every jet aircraft engine program in production or under development, said the acquisition of the titanium producer would help streamline its supply chain and input costs. Titanium Metals customers include Boeing, Rolls-Royce and Pratt & Whitney, a unit of United Technologies. Precision Castparts offered $16.50 a share for Titanium Metals, a 43 percent premium to the stocks closing price on Friday.
(REUTERS)

FORBES CONRAD FOR THE NEW YORK TIMES

A residential development project under construction last month in Guangzhou, China.

Bouncing Back
Industrial production is starting to recover in China after a weak spring and summer, but growth is still slower than before the global financial crisis.
Year-over-year change in Chinese output of cement, steel and electricity
+40% +30 +20 +10 0

Cement

Steel

Electricity

ENERGY

Obama Critic Plans Layoffs at His Coal Mines


A coal producer owned by a longtime critic of President Obamas energy policies will lay off nearly 160 workers at Illinois and Utah mines, blaming the president for a war on coal. The Murray Energy Corporation, which is based in Pepper Pike, Ohio, said in a statement Friday that it would lay off 102 workers at its West Ridge Mine in Utah and 54 at its underground mine in the Southern Illinois town of Galatia. Both mines are run by Murray Energy subsidiaries. Murrays statement Friday said the Obama administrations energy policies would lead to the closure of scores of coal-fired power plants by 2014. (AP)

07
10

10

12

07

10

12

07

10

12

Note: Data for January and February omitted because of difficulties in adjusting for the timing of Chinese New Year.
Source: Chinas National Bureau of Statistics

With Deal to Acquire TNK-BP, Rosneft Courts Investors Wary of Inefficient Management
By STANLEY REED and ANDREW E. KRAMER

LONDON When Rosneft completes its planned purchase of TNK-BP, it will become the worlds largest publicly traded oil company by output, producing about 4.4 million barrels of oil a day. But that doesnt necessarily mean the state-owned oil giant will get more respect from investors. Rosneft is inefficiently managed and, as a government-controlled entity, subject to the vagaries of Kremlin policy. It lacks experience in attractive offshore and Arctic regions, which hold its best potential for future growth, and it has virtually no presence outside of Russia. As a result, investors are willing to pay far less for a share of Rosnefts assets than they are for rival oil companies. President Vladimir V. Putin of Russia and his close associate Igor I. Sechin, now Rosnefts president, want to fix these shortcomings and make the company a serious player in the global industry. That motivation partly explains why they struck a complex $55 billion deal last month to acquire TNK-BP and forge an alliance with BP, letting the Londonbased company acquire nearly 20

percent of Rosneft, including some shares owned by the government. The Russian leaders want the expertise that BP and its Russian joint venture, TNKBP, which is the countrys thirdlargest oil company, can bring to Rosnefts hodgepodge of assets. There is a willingness on the part of the leadership of Rosneft to get expertise and people from BP to improve the capability of Rosneft, said David Peattie, head of BP Russia, in an interview. Rosneft welcomes the technology that BP is good at, like enhanced oil recovery, managing mature fields, exploration and drilling. BP figures that it, too, can profit from Mr. Sechins ambitions, much as it did from the TNK-BP venture, to which it brought Western expertise to wring more out of underperforming Russian energy assets. But it is taking a big risk. The company is in essence swapping its troubled relationship with its Russian oligarch partners for what could be an equally difficult alliance with the state. BP gains a potentially bigger upside but will have far less control, said Jerry Kepes, a partner at the consulting firm PFC Energy in Washington. Rosneft has tried to play down the negative associations that come with state ownership. But

even its recent expansion owes as much to Russian politics as to business. After elections last spring, Mr. Sechin, a former deputy prime minister, moved to the top position at Rosneft. Only after he took charge did Rosneft move ahead with its buyout of TNK-BP. The expansion of the company reflected Mr. Sechins political clout as much as it did any industrial strategy by the Russian leadership to form a larger national oil company for the purpose of drilling in the Arctic Ocean, in remote East Siberia and in difficult shale oil fields. A faction in the Russian government, including a deputy prime minister, Arkady Dvorkovich, had advocated a more diverse and competitive oil sector. If Mr. Sechin were to fall from favor, this other vision could be revived, leaving BP a part-owner of a national oil company that might be split up or sold off in a process BP would not control. (Rosneft itself grew quickly in 2007 after acquiring at rock-bottom prices many of the assets of Yukos, a company whose leaders fell out of favor with the Kremlin.) For now, Mr. Sechin is focusing on the lofty goals he has set for Rosneft. According to a recent investor presentation, those goals include going offshore, where

Rosneft controls the bulk of Russias leases but has little expertise, and expanding internationally. He also wants to build up Rosnefts small natural gas business, potentially putting pressure on his old rival, Alexei Miller, chairman of the management committee at Gazprom, the state-owned gas giant. Mr. Sechin recently snatched a plum from Mr. Miller when Rosneft signed a gas deal with UES, a big state utility. Since taking over at Rosneft in

Hoping BPs expertise can raise the Russian oil giants stock value.
May, Mr. Sechin has been busy trying to bolster the companys executive team with outside hires. For instance, he brought in Zeljko Runje, a former Exxon executive, as vice president for offshore projects. There is little question that Rosneft could benefit quickly and substantially from better management. A recent study by Bernstein Research in London showed that

TNK-BP was far more efficient than Rosneft at turning the money it earned from its oil fields into cash. In 2011, TNK-BP converted 56 percent, or $6.9 billion, of what it earned from operations into cash flow, compared with only 16 percent for Rosneft. Part of the difference is that Rosneft is investing in refinery upgrades, but Bernstein said TNK-BP also benefited hugely from techniques, learned in part from BP, for managing the aging, waterlogged fields that are its core producers in the West Siberia oil heartland. BP worked out these technologies at Prudhoe Bay in Alaska. Robert West, a Bernstein analyst, said that if Rosneft could narrow its efficiency gap with TNK-BP by just a third, that could be worth more than $2 billion annually. The best thing that BP can contribute to Rosneft is reservoir management technology, Mr. West said. That can really move the needle. Rosneft is also likely to benefit from tax changes being pushed by Pavel Fedorov, a former Rosneft chief financial officer and Morgan Stanley banker who is now Russias deputy minister of energy. The changes, if Parliament passes them in January, would

cut taxes sharply on some production and make more of Rosnefts oil economically viable to produce. For that reason, the company estimates that it would be able to quickly add about five billion barrels of reserves to its books. There is enormous potential to increase Rosnefts stock market value. Mr. West said Rosnefts reserves were valued at about $2 a barrel, compared with $7 a barrel for BP and $15 for Exxon Mobil. Analysts say the disparity reflects investors lack of confidence that Rosneft can efficiently turn its oil into cash. BP is betting that it can increase the value of its Rosneft holdings over time, as the British company helps the Russian one improve its operations. Of course, how much influence BP can exert at Rosneft through a minority stake remains to be seen. BP is gaining two board seats and is considering putting a Russian on its own board. Well be reviewing, as members of the board, future investment plans, and will no doubt have an ability to comment and participate on investment decisions and annual work programs and budgets, BPs chief executive, Robert W. Dudley, said on Oct. 30, when BP reported quarterly earnings.

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012


OFF THE CHARTS

B3

Slower Growth Seen In a Graying World


By FLOYD NORRIS

Diageo Buys Control of Indias Biggest Liquor Company


By VIKAS BAJAJ

S the world grows older in the coming decades, economic growth will slow. That forecast was issued Friday by the Organization for Economic Cooperation and Development, a group of 34 countries that includes all of the major industrialized nations. Aging will be a drag on growth in many countries, said the report, titled Looking to 2060: Long-Term Global Growth Prospects. It also projected that while the aging of the population would be offset to some extent by better education in many countries, global growth in gross domestic product, which averaged 3.5 percent a year from 1995 through 2011, would rise to 3.7 percent through 2030, but then fall to just 2.3 percent over the next three decades. The active share of the population has to finance the old population, said Asa Johansson, a senior economist in the organization and the principal author of the report, explaining why the rising proportion of older people is expected to reduce growth. The accompanying charts show the growth forecasts for the world and for nine major countries, as well as what is known as the old-age dependency ratio, defined as the number of people over the age of 65 for each 100 people ages 15 to 64, which defines the working-age population. The process is expected to be particularly rapid in China. In 2010, that country had just 11.3 people over 65 for each 100 people in the working-age population, less than half of Britains 25.1 figure and well below the United Statess 19.9. But the United Nations estimates that by 2045, the dependency ratio in China will be 39, almost exactly the same as in Britain and well above the 34.6 figure forecast for the United States. The O.E.C.D. report said that more rapid aging in China partly explains why India and Indo-

nesia will overtake Chinas growth rate in less than a decade. It forecast that Chinas G.D.P. would grow at a rate of 2.3 percent a year from 2030 to 2060, little more than the 2 percent it forecast for the United States. But it projected growth of 3.3 percent in Indonesia and 4 percent in India. The United Nations estimates reflect uncertainty about changes in fertility rates over the coming decades, and the charts show three forecasts based on assumptions of high, medium and low rates. The O.E.C.D. growth forecasts assume the medium fertility rates. If the medium rates are correct, by 2060 Germany and Italy will each have old-age ratios above 55, while Britain and France will have ratios below 45. Ms. Johansson said she expected that more countries would move to delay retirement age, and noted that some countries

India and Indonesia may soon overtake a rapidly aging China.


were considering indexing that number to life expectancy. One thing that could render these forecasts wrong would be an increase in immigration. For South Korea, which now seems to be on course to rival Japan as one of the oldest and slowest-growing countries in the world by late in this century, an obvious source of new workers would be the much younger North Korea, if politics ever made that possible. For many other countries, a source would be less developed nations, something that is politically unpopular in both the United States and Western Europe, and all but anathema in Japan. Perhaps the politics of that will change someday, as young immigrants are viewed not as competitors for limited employment opportunities but as sources of tax revenue to help support aging populations.

NEW DELHI Diageo, the worlds largest spirits maker, said on Friday that it would buy a controlling stake in Indias biggest liquor company for $2 billion, a move that gives it a bigger foothold in this fast-growing market. Acquiring the Indian company, United Spirits, will make it possible for Diageo, which is based in London, to meet its goal of getting half of its revenue from emerging markets years ahead of its 2015 target. About 40 percent of sales come from such markets now. United Spirits, which is based in Bangalore, had revenue of 182 billion rupees, ($3.3 billion) in the 12 months ending in March, which is about 20 percent of Diageos sales for the 12 months that ended in June. Analysts said the deal would give Diageo access to the most extensive liquor operation in India at a time when its citizens are increasingly consuming more alcohol. Many consumers are also choosing higher-priced spirits rather than beer and traditional Indian alcohol made from coconuts and sugar cane. Diageos Johnnie Walker whiskeys have long been among the preferred brands of middle-class and wealthy Indians. The Indian liquor market is growing at the fastest pace globally in the liquor segment, said A. K. Prabhakar, a senior vice president for equity research at AnandRathi Financial Services in Mumbai. A foreign investor in United Spirits will add brand and variety. For the long-term investor, it is a great buy. For United Spirits biggest shareholder, the flamboyant millionaire Vijay Mallya, the deal provides a deep-pocketed partner who can invest in the business, which has run up a large debt in recent years. It will also provide him with much-needed Heather Timmons contributed reporting from New Delhi and Neha Thirani from Mumbai.

CARL DE SOUZA/AGENCE FRANCE-PRESSE GETTY IMAGES

The Indian businessman Vijay Mallya is the largest shareholder in the company, United Spirits.
cash that he can use to repay other loans that he and his holding company have amassed in recent years to pay for various acquisitions and to start an ill-fated airline. The acquisition will be structured in two stages: Diageo will first acquire a 27.4 percent stake in United Spirits in two transactions and later make an open offer to all public shareholders for another 26 percent, as required by Indian securities regulations. The agreement comes after several weeks of negotiations and four years after the companies last discussed a deal. In the first stage of the deal, Diageo will buy shares totaling 19.3 percent of United Spirits from holding companies and trusts owned by Mr. Mallya, his family and his senior management. The remaining shares will come in the form of new stock issued by United Spirits. The companies said Mr. Mallya would remain chairman of United Spirits and his trusts and holding companies would retain nearly 15 percent of the companys shares. It was unclear on Friday exactly what the deal would mean for Mr. Mallyas aviation busithat it is viable before it can fly again. Kapil Kaul, an aviation consultant, estimates that Mr. Mallya and other investors must pump more than $1 billion into Kingfisher to revive it. Kingfisher, which has never made money, has debts totaling about $2.5 billion. In addition to the airline and United Spirits, Mr. Mallya also controls Indias largest beer brewer, a fertilizer company, a cricket team and a Formula One racing team. On Friday, in a conference call with reporters, Mr. Mallya refused to say whether he would use proceeds from the sale of United Spirits to revive Kingfisher. We have multiple businesses and each business operates independently, he said. There is no cross-contamination. There has never been, there never will be.

A $2 billion stake and more exposure to a fast-growing market.


ness, Kingfisher Airlines, which suspended operations last month after protests by employees who had not been paid in months. That dispute was recently settled, but the airline still has to convince regulators and banks

Floyd Norris comments on finance and the economy at nytimes.com/economix.

Ousted Citi Chief to Receive $6 Million in Incentive Pay


By JESSICA SILVER-GREENBERG

As the World Gets Older, Growth Will Slow


The Organization for Economic Cooperation and Development forecast this week that global growth was likely to slow in coming decades, despite rising levels of education and productivity, as the population ages and a smaller proportion of people are available for work.
WORLD

G.D.P. growth
1995 - 2011 (actual) 3.5% 2011 - 2030 (est.) 2030 - 2060 (est.)

Proportion of elderly
3.7 2.3 Projected number of people over age 65, for each 100 people ages 15 to 64 Low fertility estimate

40 people 30
MEDIAN

20 10 0 1995 00 05 10 15 20 25 30 35 40 45 50 55 60
INDIVIDUAL COUNTRIES

High fertility estimate

The board of Citigroup has awarded $6.65 million to Vikram S. Pandit after unexpectedly ousting the chief executive last month. Mr. Pandit will receive the money as part of an incentive package for his work during 2012. He will also continue to collect his deferred cash and stock awards from the previous year, compensation that the bank currently valued at more than $8.8 million. In a surprise move, Mr. Pandit resigned in October, a departure that was orchestrated for months by the banks board. Its powerful chairman, Michael E. ONeill, maneuvered behind the scenes to curry support with other directors and replace Mr. Pandit. Michael L. Corbat was named the new chief executive.

As part of the shake-up, the board also forced out John Havens, the chief operating officer. Mr. Havens will receive $6.8 million in incentive pay for 2012, with previous deferred stock and cash awards valued at $8.725 million. Since Mr. Pandit and Mr. Havens abruptly left the company, they will both forfeit the remainder of their retention packages, which were outlined last year. For Mr. Pandit, the lost compensation amounts to roughly $24 million, according to a person with knowledge of the matter who could not speak publicly. Mr. Pandit led the bank during a turbulent chapter in its history. After taking over in 2007, he navigated the bank through the financial crisis, securing a $45 billion lifeline from the federal government. The banks health was so dire that Mr. Pandit opted to take

MARK LENNIHAN/ASSOCIATED PRESS

Vikram Pandit was deposed last month in a boardroom coup.


a token $1 annual salary. While the bank has returned to profitability, Citigroup has struggled with a stagnant stock price and lackluster earnings. It suffered an especially tough blow in March when the Federal Reserve rejected the banks plans to raise its dividend. Since Mr. Pandit resigned, the mood among some senior executives has been grim, according to several people close to the bank. The executives felt that the boards actions last month were particularly brutal and humiliating to Mr. Pandit, considering his role in reviving the bank.

Britain Examines 4,000 HSBC Accounts in a Tax Haven


By JULIA WERDIGIER

G.D.P. growth UNITED STATES


95 - 11 11 - 30 30 - 60

JAPAN

CHINA

2.5% 2.3 2.0

0.9% 1.2 1.4

10.0% 6.6 2.3

Proportion of elderly
80 people 60 40 20 0

G.D.P. growth BRITAIN


95 - 11 11 - 30 30 - 60

95

60

95
GERMANY

60

95
FRANCE

60

2.3% 1.9 2.2

1.4% 1.3 1.0

1.7% 2.0 1.4

Proportion of elderly
80 people 60 40 20 0

G.D.P. growth SOUTH KOREA


95 - 11 11 - 30 30 - 60

95

60

95
INDIA

60

95
INDONESIA

60

4.6% 2.7 1.0

7.5% 6.7 4.0

4.4% 5.3 3.3

Proportion of elderly
80 people 60 40 20 0 95 60 95 60 95 60

Note: World growth rates are based on 40 major countries, while world population figures include all countries.
Sources: O.E.C.D., United Nations
THE NEW YORK TIMES

LONDON The British tax authorities said on Friday that they were looking into a list of HSBC clients with bank accounts in the tax haven of Jersey, a development that adds to the banks legal woes. Her Majestys Revenue and Customs, Britains tax authority, is investigating more than 4,000 accounts in Jersey that belong to British clients after receiving details from a whistle-blower. The list includes a drug dealer and a man convicted of possessing more than 300 weapons at his home in the south of England, The Daily Telegraph newspaper in London reported. We have received the data and we are studying it, a tax authority spokesman wrote in an e-mailed statement. Clamping down on those who try to cheat the system through evading taxes and over-claiming benefits is a top priority for us, and we value the information we receive from the public and business community. Jersey, the largest island in the English Channel, is a British dependency with its own tax system. HSBC, Britains largest bank, is already part of an investigation into money laundering. The bank said earlier this month that it set aside an additional $800 million to cover potential fines from the money laundering case, bringing the total to $1.5 billion. The bank, which is negotiating a settlement with the American authorities, added that the actual fine could be even bigger. In addition, HSBC, like other major British banks, has had to set aside cash to reimburse British customers who were sold in-

TOBY MELVILLE/REUTERS

HSBC headquarters in London. The bank is already part of a money laundering investigation.
appropriate insurance products. HSBC said Friday in a statement that the bank was investigating the reports of an alleged loss of certain client data in Jersey as a matter of urgency. HSBC said it had not yet been informed of any investigation but would fully cooperate with the authorities. HSBC remains fully committed to adoption of the highest global standards, including the procedures for the acceptance of clients, it said. Prime Minister David Cameron of Britain has made the crackdown on tax evaders a priority for a government under pressure to increase revenue and reduce the budget deficit. After the financial crisis, banks face greater scrutiny from the authorities worldwide about how they conduct their business. HSBCs management was forced to apologize publicly for the problems that weighed on its earnings and share price as recently as Monday and has already started to change its compliance and oversight functions. The money laundering scandal began when the United States Senates Permanent Subcommittee on Investigations accused HSBC of allowing some of its executives to let illegal behavior go unchecked for nine years, until 2010. In one example, the bank provided financing to Al Rajhi Bank of Saudi Arabia, even though some of the banks owners were linked to the financing of terrorism, according to the Senate report. HSBC clients are also on another list that was in the spotlight this month. Kostas Vaxevanis, editor of the investigative magazine Hot Doc, was acquitted last week on charges of breaching privacy laws when he published a list of more than 2,000 Greeks believed to hold accounts at a Geneva branch of HSBC. The list was given to the Greek authorities two years ago by Christine Lagarde, then the French finance minister and now managing director of the International Monetary Fund, to help the government in Athens investigate evasion.

B4

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

Make Room For Deals After Turkey This Year


From First Business Page lists Black Friday ads at BradsDeals. Now you have this multiday affair, and you can go at different times. Kmart has perhaps the most confusing hours. Like last year, it will open at 6 a.m. on Thanksgiving. It will then stay open until 4 p.m., close from 4 to 8 p.m., reopen at 8, stay open until 3 a.m. on Friday, close from 3 to 5 a.m., reopen at 5, and then stay open until 11 p.m. on Friday. Sears, which was closed on Thanksgiving last year, will open at 8 p.m. on Thursday night. Sears Holdings, which owns both Sears and Kmart, said in a news release that customers wanted more flexible Black Friday in-store shopping times. Lord & Taylor was closed last year on Thanksgiving, but this year it will be open from 10 a.m. to 7 p.m. Walmart, which is generally open 24 hours anyway, is offering the first deals on Thanksgiving two hours earlier than last year. Mr. Mac Naughton said customer feedback and competitiveness with other retailers were factors. Target, which last year got angry feedback from employees when it opened at midnight on Thanksgiving, this year moved it up three hours to 9 p.m., according to a holiday circular posted online on Friday. Some workers object to Thanksgiving Day holiday openings, saying it cuts into family time. It shows disregard for all of our families, said Mary Pat Tifft, a Walmart employee in Kenosha, Wis., who is part of the union-backed OUR Walmart group, in a statement. But in many cases, it can also mean a higher

CARL RICHARDS

WADE PAYNE/KNOXVILLE NEWS SENTINEL, VIA ASSOCIATED PRESS

Black Friday shoppers at a Target in Knoxville last year. This year, the stores will open at 9 p.m.
hourly pay rate for holiday duty. Now, the handful of retailers who are holding off until midnight on Thanksgiving suddenly look like the respectful ones. We believe that Thanksgiving Day is a time to spend and celebrate with family, and we want our associates to do so, said Jim Sluzewski, a spokesman for Macys, which will open at midnight. Kohls will also open at midnight Thanksgiving, as will Best Buy, according to a circular posted online Friday. Companies are also sprinkling sales throughout the weekend in an effort to keep traffic coming. After its initial 8 p.m. sale, Walmart will put another set of items on sale at 10, and a third group at 5 a.m. Friday. Whether they like to start early, stay up late, or go to bed early and get up early, were going to have three different events that will meet their needs, Mr. Mac Naughton said. Then, Walmart will kick off a weekend full of savings with more specialty offers on items like jewelry, sewing machines and tools. Target, after its 9 p.m. doorbuster special, will offer a free gift card for purchases made between 4 a.m. and noon on Friday, according to the circular posted on Mr. Wilsons site and elsewhere. (Target declined to confirm the authenticity of the circuthe retailers may be intentionally trying to confuse shoppers. Theyre trying to introduce more variables, he said, to make it harder to figure out exactly which is the best deal. All of the twists and turns, though, may just end up frustrating consumers. Only 6 percent of shoppers plan to hit stores on Thanksgiving night, and just under one-fifth will go to stores on Black Friday, according to a new survey from Ipsos and Offers.com, accurate within three percentage points. At least one major retailer is going against the grain. Sams Club, which last year opened at 5 a.m. on Black Friday, this year is opening two hours later, at 7 a.m., and offering coffee and pastries to shoppers. If they want to chill out on Thanksgiving day and not go out and get into the rat race of everything, they can do that, said Todd Harbaugh, executive vice president for operations at Sams Club. Our members said they want hassle-free shopping.

Pause for a Spending Cleanse


Bad habits are tricky. They sneak up on you. Before you know it, youre doing something that you didnt really think about because you do it out of habit. We do this all the time with money. We spend for all sorts of reasons. It can be as simple as to make us feel better or to fit in with a group or just because weve always gone shopping the day after Thanksgiving. Sometimes breaking these bad habits takes radical action. I learned about one tactic from a friend in Las Vegas. He walked me through something he and his wife refer to as a spending cleanse. Every once in a while for several days, sometimes as long as two or three weeks, they avoid spending money. He rides his bike to work, they avoid eating out (including lunches) and pass on any travel or movies. Its hard, but he says that it has the powerful effect of helping you clarify how you want to spend your money and time compared with what you might be doing just out of habit. Try it! Try going for a few days, maybe longer, without spending any money at all. What about food? Go out Saturday and shop for a week in advance. Bills? Pay them a day or two before you start and the day after you end. Trips? Dont go on any. Entertainment? Instead of going to the movies, go for a walk. Read a book. Go fishing. Ride a bike. Have a conversation. Draw a picture. There are plenty of things to do that wont require money. Is it hard? Yes. But it will be worth it. It will be worth it to see if it can stop some of our worst money habCARL RICHARDS its, perhaps ones we havent even recognized yet.
COMMENT I retired recently and tried to do this last week. Failed miserably. But it did make me much more intentional about the money I DID spend. Liznaktnchar, Santa Fe

At some stores, you can even shop before Thanksgiving dinner.


lar, saying it had not yet publicly announced holiday details.) Sears will do a second wave of promotions at 4 a.m. on Friday, eight hours after it opens. Sports Authority will do some doorbusters at its midnight opening, then put numerous others on sale over the weekend. And Ace Hardware is offering different percentages or dollars off, on Friday, Saturday and Sunday. Mr. Wilson of BradsDeals says

Higher Taxes Are to Start With the Flip of a Calendar


From First Business Page Clients are very concerned and kind of confused about what to do, whether they should be taking any affirmative steps or waiting to see what happens.
INCREASES YOU SHOULD EXPECT

Squelching A Robocaller
The Federal Trade Commission recently acted to shut down five robocalling companies in Arizona and Florida that it says are responsible for millions of illegal telemarketing calls, including the familiar prerecorded messages from Rachel from Cardholder Services. At the F.T.C., Rachel from Cardholder Services is public enemy No. 1, Jon Leibowitz, the commission chairman, said in a statement. Actually, Rachel is a voice recorded years ago and recycled by various organizations, according to an article in June in The New York Times. So while the commissions action may put a dent in Rachels productivity, other companies continue to use her. Id be as delighted as everyone else to see her disappear, said C. Steven Baker, director of the commissions Midwest region. Were working on it. Federal courts granted the agencys request to temporarily halt the operations of the five companies. The agency asserted that they tricked consumers into paying hundreds of thousands of dollars by making phony claims that they could reduce credit card interest rates in return for a fee paid up front. I wasnt aware of what exactly Rachel was pitching, since I immediately hung up when I heard her greeting. But many other consumers apparently listened, and even pressed a number to hear more from a live person. After the telemarketer approved the consumers for a program to get rates as low as 0 percent, according to the agency, the telemarketer told them that there was an upfront fee, ranging from several hundred dollars to nearly $3,000. To encourage paying the fee, the commission said, telemarketers would often say it would be more than offset by the consumers savings through the program. In some cases, the agency asserted, consumers credit cards were charged, even if they didnt agree to pay for the service. In other cases, the F.T.C. contended, the telemarketers did not disclose a fee at all, or claimed there would be no fee. After consumers paid the fee, the commission said, they typically found that the companies did little or nothing to lower their credit card interest rates, and often reneged on promises to refund the fees. The F.T.C. is trying to crack down on robocalling, even offering cash prizes for proposals for innovative technology to curtail

the practice. Some robocalls, like those from political candidates or charities seeking donations, are allowed, the agency says. But if the recording is a sales pitch, and you havent given written permission to get the calls, its illegal and most likely a swindle.
ANN CARRNS

COMMENTS I heard from Rachel

this afternoon. Once again she has dodged the F.T.C. Soletsky, Boston As an innovative technology to curb telemarketing, may I suggest long prison terms for violators? Al, State College

Credit Score Achievers


MyFico.com, the consumer arm of FICO, creator of a widely used family of credit scores, has published a report on those it considers high achievers, or those with FICO scores of 785 or higher. FICO scores range from 300 to 850 the higher the score, the better your credit profile, and the more likely you are to get a loan at a favorable interest rate. Scores are based on information reported by lenders to credit reporting bureaus like Experian, TransUnion and Equifax. You can have multiple scores, depending on the sort of loan youre seeking and the credit bureau doing the reporting. More than 50 million people about a quarter of all those with credit scores have scores of 785 or higher, and they exhibit strikingly similar credit habits, regardless of background and life experience, according to myFico. (The analysis is based on April data and used FICO 8 scores, the most recent version of the general purpose FICO score.) Over all, those with the highest scores keep low revolving balances relative to their available credit; they dont max out their cards; and they consistently make payments on time, even if its just the minimum required amount. High credit achievers arent debt-free. One-third have total balances of more than $8,500 on nonmortgage accounts. But while they may carry a balance, 96 percent of high achievers show no missed payments on their credit report. Those who do have late payments had one four years ago, on average. This is important, because payment history represents 35 percent of an individuals FICO score. ANN CARRNS COMMENT This is not rocket science! Use credit responsibly, watch the ratio of debt to income, pay on time every time and dont borrow when you dont have to! Jay, Pennsylvania

At least two categories of tax increases are widely expected to materialize in some form. A payroll tax cut given in the 2011 and 2012 calendar years intended as a temporary stimulus is set to expire, and so far both Democrats and Republicans seem ready to let that happen, although there could be some provision made to ease the pain for the lowest earners. The lapsing payroll tax cut affects everyone who works, or about three-quarters of all tax filers. A household in the middle quintile, roughly between $40,000 and $65,000, can expect its taxes to rise by an average of $672 next year, while a household in the top quintile, being paid more than $108,000, will pay an average of $1,950 more, according to the Tax Policy Center. With the re-election of President Obama, the taxes imposed by his health care overhaul will also almost certainly remain. Starting in 2013, high-income Americans will pay an additional tax of 0.9 percent on their earnings above $250,000 if they are married and above $200,000 if filing singly. These households will also pay an additional 3.8 percent on capital gains, dividend and interest income over those same thresholds. The average household in the top income quintile the group of Americans most likely to be hit by these new taxes will owe an additional $1,141.
TAX CHANGES OBAMA WANTS

The fate of the other scheduled tax increases is less clear. Mr. Obama has advocated for some of them, but the Republicans, who control Congress, have opposed them. In particular, Mr. Obama wants to let lapse the lower rates begun in the Bush era on income, capital gains and dividends for higher earners, whom he has defined as those earning more than $250,000 for married couples and $200,000 for others. These tax rates were previously set to expire at the end of 2010, but were extended for two years. Letting them expire at the end of this year would raise an additional $52 billion in 2013. Allowing the income tax rates for high earners to lapse means that, for married couples, income over $397,000 would be taxed at 39.6 percent instead of the current 35 percent, and that income from $222,300 to $397,000 would be taxed at 36 percent instead of the current 33 percent. For those in the top income quintile, these provisions would raise their tax liability by an average of $2,282 next year. The top 1 percent of tax filers would owe

an additional $45,002. Allowing the Bush-era capital gains rates to rise would also affect these high-income earners. This year, investors pay a top marginal tax rate on their longterm capital gains of 15 percent. Under current law, this rate will jump to 20 percent in 2013, not including the additional 3.8 percent increase from the Affordable Care Act on high-income investors described earlier. In addition, a limitation on itemized deductions is also scheduled to kick in at the end of this year that could add another 1.2 percent. All these changes could effectively raise the capital gains rate to 25 percent on Jan. 1, from 15 percent on Dec. 31. Economists expect to see a lot of investors unloading assets that have done well like stocks or even their own businesses by the end of this year to take advantage of the lower tax rate. There was a good reason for George Lucas to unload Lucasfilm to Disney this year, said Len Burman, a professor of public affairs at Syracuse. After Congress embraced the Tax Reform Act of 1986, which raised the highest capital gains tax rate to 28 percent from 20 percent, capital gains realizations almost doubled as investors scrambled to sell off investments under the lower rate. The reported gains then fell back in 1987. While he wants to let taxes rise for the wealthy, President Obama would like to extend some provisions passed in the 2009 stimulus bill that primarily benefit lowerincome families. These include expansions of the child tax credit, a tax benefit for college students and the earned-income tax credit for larger families and married couples. Republicans generally want these provisions to expire. Allowing these provisions to lapse most affects households in the lowest quintile, whose taxes

would rise an average of $209 next year. SOME DISAGREEMENTS The estate tax is another sticking point, though both parties do not want the estate tax to rise as sharply as it is scheduled to under current law. Now, the first $5 million of a persons estate remains untaxed, and anything above that is taxed at 35 percent. At year-end, the effective exemption will fall to $1 million and the top tax rate will rise to 55 percent. Estate taxes affect very few Americans; only about 0.13 percent of people who die have estates big enough to owe estate tax. If the rates revert to the preBush era level, as planned, that will rise to about 2 percent of estates, said Roberton Williams, a senior fellow at the Tax Policy Center. Mr. Obama has proposed setting the exemption for the estate tax at $3.5 million, indexed to inflation, while Republicans want to eliminate the tax altogether. One thing you might see this year is wealthier people gifting significant amounts of their assets, putting them in trusts or giving to their heirs early, said Mr. Williams. Still, there are limits on how much people can give away without running into gift taxes, and besides, some wealthy people might be reluctant to divvy up the fortune too soon. You might hear some people saying, How do I do this without losing control? Can I still keep Junior under my thumb? said Mr. Williams. There are also a grab bag of previously extended tax provisions that affect households, businesses, charitable giving and many other issues. Neither party seems to want to let these lapse in their entirety, but again, they differ on the details.
INCREASES

There are two categories of tax

NOBODY

WANTS

increases that are scheduled to kick in but are widely expected to be tamed because neither party wants them: the end of the Bushera tax cuts for low- and middleincome families and an expansion of the alternative minimum tax that would capture an additional 26 million taxpayers. Around 70 percent of tax filers will be affected by the end of the Bush-era tax cuts for those with income under about $200,000 or $250,000 for married couples. Taxes on households in the middle quintile would rise by an average of $888, while taxes on those in the top quintile would rise an average of $3,841. The alternative minimum tax, or A.M.T., sets a minimum tax rate for people earning above a certain income threshold, and was created in a slightly different form in 1969 to make sure wealthy people paid their fair share of taxes. Taxpayers who earn more than that minimum are supposed to calculate how much they owe under the regular system and how much they owe under the A.M.T., and then pay whichever is larger. The minimum income that sets off the A.M.T. is not indexed to inflation, however. Over the last decade, Congress has repeatedly passed a temporary patch so that tens of millions more taxpayers are not captured by it. If Congress does not act before Dec. 31, the A.M.T. will apply to some married couples earning as little as $45,000 and single taxpayers earning as little as $33,750. At least another patch is considered likely, to keep the A.M.T. from snaring millions of Americans below the median household income. Congress doesnt want that to happen, and the president doesnt want that to happen, said Mr. Williams. The only thing that will stop them from patching it is a total logjam, which we cant totally rule out at this point.

Tax Raises That May Come


With many tax cuts set to expire on Dec. 31 and some new taxes scheduled to start with the new year, many Americans tax bills will go up next year. Exactly how much is not yet clear, but here is how some of those changes would affect two types of taxpayers.
Increase in average annual taxes in 2013, by income Middle 20% of income $39,790 to $64,484 $672 7 0 0 103 135 75 Top 20% of income More than $108,266 $1,950 1,141 996 2,282 103 1,848 747 3,841 1,265 $14,173
THE NEW YORK TIMES

Previous tax cuts that could expire: Payroll tax Affordable Care Act taxes (new taxes) Bush-era capital gains tax cuts Bush-era tax cuts for high-income brackets 2009 low-income, child and student credits Tax extenders Estate tax

Bush-era tax cuts for low/middle-income brackets 888 Alternative minimum tax patch All of the above
Source: Tax Policy Center

104 $1,984

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

B5

PERSONAL BUSINESS

After the Storm: Managing Your Homeowners Claim


From First Business Page misnomer. They represent the insurance company and are not neutral. In storms like this, large numbers of these freelance claims adjusters parachute in from out of town. In the industry, they are known as storm troopers. They work 18-hour days for a while since no insurance company has enough of its own full-time staff to deploy after a storm like this one. Often, they make enough money not to work for months afterward. These guys have a lot of work to do, and its a thankless job, said Matthew Tennenbaum, who used to be an independent adjuster but switched sides and now works for policyholders as a public adjuster in Cherry Hill, N.J. Mr. Tennenbaum worries about the storm troopers thoroughness. Theyre going to see 10 properties a day and theyre quickly writing estimates, he said. If they spend an extra three or four hours properly writing one estimate, they could have written three more and made more money. Though many of them are former builders or contractors, they may not, if time is of the essence, always pull up every floor, explore every inch of the attic or look behind every wall. And they may not know much about your insurance companys policy. The insurance companies hand them a manual, and they may not really understand the manual, said J. Robert Hunter, the director of insurance for the Consumer Federation of America, who has worked for insurance companies and once ran the federal flood insurance program. Its a crash course at that point. The good news here is that these are not the people who make the final call on your claim. But many policyholders assume that their word is the final word. WIND VERSUS FLOOD Back at headquarters, other adjusters have their eye on an exclusion that will be crucial for this storm, with its horrific storm surges but relatively mild winds: homeowners insurance generally does not cover floods. Unfortunately, many people do not know this and many more have not purchased or renewed policies with the federal flood insurance program that covers up to $250,000 of flood damage. Researchers from the Wharton Risk Management and Decision Processes Center, working with colleagues at Florida State, the University of Miami and Columbia University, surveyed people in the storms path by telephone three days before it hit. Among people within a block of a body of water, 46 percent had no flood
ONLINE: FIRSTHAND ACCOUNTS

What has been your experience with insurance claims after storm damage? Join the discussion.
nytimes.com/bucks

STEVE RUARK FOR THE NEW YORK TIMES

Scott Golden with his wife, Stephanie Cohen, in their bedroom, where a branch came through the roof of their home in Bethesda, Md., last year during Hurricane Irene. We thought the whole house might come down, he said.
insurance. In areas that had been evacuated in past storms or where the authorities advised people to leave, 58 percent did not have it. Moreover, 39 percent of all the people who thought they did have flood coverage mistakenly believed that their homeowners insurance covered it. People without coverage but lots of damage from the storm surge might do one of a couple of things. A few stubborn ones will sue, arguing that if the wind drove the surge then its not really a flood. Judges havent taken kindly to this line of reasoning over the years, but that probably wont keep people from trying again. The Federal Emergency Management Agency may also offer some assistance. Others may try to prove that wind damage, which is generally covered, was responsible for the loss. Lets say the house is gone completely, said Leslie L. Knox, a public adjuster in Toms River, N.J. Was it blown off the foundation? How significantly was it damaged prior to the flooding event? Often, no one can say for sure, since everyone evacuated. If the house is not a total loss, you may look for other clues. Well find upper-level structural twisting, and the insurance company will say that its from a flood, said Mark Boardman, a public adjuster in Maitland, Fla. But then well find that upstairs is twisted but not the ground. Then, theres the concurrent causation clause that has crept into policies in recent years. Here, insurance companies refuse to cover anything if one thing that causes damage (like wind) is insured but another (like a flood) is not and both seem to have happened at the same time. Im sure this will be litigated again, but we wont know that for three or four more weeks, said Mr. Hunter of the Consumer Federation of America.
REPLACE AND REPAIR After most

storms of this size, prices rise. There

may be a shortage of building materials, for instance, or the higher-quality materials may get more expensive. After two hurricanes in Florida, contractors turned to Chinese drywall several years ago, which ended up making people sick. Your policy may call on your insurance company to pay for materials equivalent to what you need to replace, or it may merely require similar ones. But make sure its estimates reflect the new market price, lest you end up settling for what turns out to be this storms Chinese drywall, whether its bad lumber, paint, cement or something else. Then there are the labor costs. The adjusters that insurance companies deploy have software thats supposed to reflect market prices. Its garbage in, garbage out, said David Bierman, a former Allstate adjuster and staff lawyer who now represents consumers in Dania Beach, Fla. You dont know if the independent adjuster has updated

his software, and prices are going to continually increase until things calm down. BUILDING CODES If you live in an old house, any major repairs will have to comply with newer local building codes. Homeowners insurance policies may include riders known as law and ordinance coverage that will cover the extra cost of doing so. But recovering the money may not always be easy. Mr. Tennenbaum said that insurance companies often make you wait to collect until youve already spent the money, and then they demand proof that the local code enforcement office insisted on every course of action. Even after that, theres often trouble. Theyll usually dispute certain items saying that they really werent necessary, he said. And then you end up having to compromise on the claim just to get it done. By the way, building departments in hard-hit communities are likely to be busy over the next couple of months. That wont make it easy to get help. PUBLIC ADJUSTERS If you have a large claim, sorting it out and making repairs will be at least a part-time job for many more months. And if this is your first big claim, youll essentially be learning a new language. Hiring an experienced, licensed public adjuster can help, but the firms usually charge you 10 percent or so of your eventual payout. That means the adjuster needs to do 10 percent better than you for it to be worth it. Some people, however, find that after a giant chunk of wood comes through the ceiling of their bedroom during a hurricane and they cant sleep in their own bed anymore, theyve dealt with enough stress and want to hand the haggling over to somebody else. Thats what happened to Scott Golden and his wife, who knew an adjuster at Goodman-Gable-Gould/Adjusters International through his son. Even if you were competent at one point, youre not when your house is intruded upon like that, said Mr. Golden, who ended up with a check for over $40,000 from his insurance company after Hurricane Irene last year sent that branch through his roof in Bethesda, Md. We thought the whole house might come down, and we didnt want to mess around with doing this ourselves.

WEALTH MATTERS

ONLINE: HELPING HANDS

Some Prefer Giving Time, Not Money, to Schools


By PAUL SULLIVAN

Tell how have you tried to help a local school or your alma mater.
nytimes.com/bucks

COUPLE of weeks ago, I wrote about a group that rated charities for their effectiveness but was surprised when one of the groups young founders said he had stopped supporting groups focused on education. He had a perfectly rationalsounding reason: the problems were daunting and he didnt feel his donations would have an impact. Then, I heard about a recent study of high-net-worth households that found that education was the leading concern among affluent donors, ahead of health care, the economy, poverty and the federal budget deficit. The report, by Bank of America and the Center on Philanthropy at Indiana University, also found that the largest proportion of gift dollars was going to education (followed by philanthropic funds, family foundations and religious organizations). The study also found that the amount given to education increased more than any other category last year. Some portion of this money certainly went to alma maters. But as I talked to the people who conducted the study, I realized that people were giving more than just money to education causes. They were giving their knowledge and experience. One of the more strategic issues in philanthropy is looking at root causes and not at symptoms, said Claire Costello, philanthropic practice executive at Bank of Americas United States Trust division. Education is a root cause. One interpretation of the data could be people feel if you rectify our education system, prosperity will flow to all of us. Writing a check is simply a matter of figuring out an amount you can afford and sending it off. But actually donating your time, which was not counted by the survey toward the dollars people gave, seemed a far greater level of commitment. Donating your time does not result in a tax break, though the Bureau of Labor Statistics valued volunteering at $21.79 an hour in 2011. As I talked to people who were deeply involved in educational philanthropy, I realized that it was actually the time they gave that kept them involved, even if they could have written a large check and been done with it. Charles R. Bendit, for instance, had built his real estate firm, Taconic Investment Partners, into a successful portfolio of commercial buildings and apartments in the New York region. When he

first became interested in giving something back in the 1990s, he said he didnt have a lot of money but did have some business experience. A friend suggested he consider education and connected him with Pencil, a nonprofit group that brings business people into public schools. I figured education makes a lot of sense, Mr. Bendit said. Educating our students best prepares them to take on the responsibility of becoming our business and political leaders. After volunteering at a couple of different schools, Mr. Bendit was paired up with Sana Q. Nasser, the principal of the Harry S. Truman High School in the Bronx. The result has been a partnership of more than a decade that has brought significant improvements in the school, which now has 1,900 students. Ms. Nasser said she had been a principal for five years when she met Mr. Bendit. At that point, she felt she had stabilized the school, which had been failing when she took over, and was ready to start making improvements. She wanted to start academies within the school that would draw on assets that were not being used, like a television studio and a planetarium. I realized very quickly that I needed someone to help me, Ms. Nasser said. I didnt know exactly how to do it. I didnt have the wherewithal to negotiate all of this. But she knew she didnt want an executive to come in for a day and write her school a check. I wanted someone who would stay with me for the long haul, she said. I wanted time, their knowledge and commitment, and a wide network of people. I wanted that business connection. I wanted internships for my kids. Mr. Bendit said the two hit it off. But before they tackled her dream of having academies within the school, they began working on her ability to delegate to her assistant principals. Without doing that, he said she couldnt think long term about the school. She said she trusted Mr. Bendit to teach her skills that she didnt have. It was almost a mindshift for me, she said. I realized he could help me as I tried to rebuild Truman to what it used to be. Mr. Bendit said that for him, helping her start various academies within the school with focuses as different as law and cooking, meant using his contacts more than his checkbook. It was about leverage, he said. I didnt know much

SUZANNE DECHILLO/THE NEW YORK TIMES

Charles R. Bendit, of Taconic Investment Partners, with Sana Nasser, the principal at Truman High School in the Bronx, did not have a lot of money to give, so he helped her improve the school through his business contacts.
about television studios or catering, but I knew who to ask. Today, Truman is a thriving school. But Mr. Bendit was quick to point out that he was able to make a difference without sacrificing other things in his life. He estimated that he spent no more than 25 hours a year with Ms. Nasser. We sometimes dont appreciate the impact we can have by just investing a little bit of our time and some of our resources, he said. She never said, Could you buy me computers or could you buy me a new planetarium? It was more about, What can you do to help me build this? Mr. Bendit said he gave the school money for a special program, however, and has donated to Pencil and many other educational organizations. The Bank of America study of highnet-worth households found that 89 percent of those affluent people said they had volunteered their time up 10 percentage points from 2009, when the study was last conducted. Ms. Costello, the Bank of America executive, said researchers had also asked people about the level of personal satisfaction they derived from their charitable giving and found that it was linked more to engagement than dollars. This was no surprise to people who have been involved in educational philanthropy. Marguerite Griffin, national director

of philanthropic service at the wealth management firm Northern Trust, said that people who wanted to be involved in education charities needed to be prepared to wait for results, and that could be frustrating for people who were not volunteering their time and seeing the small steps of progress. Many of the best educational funders are also mentors in after-school programs or they volunteer, she said. They do something that keeps them in touch with the population theyre trying to help. Donna Fontana, senior vice president at Fidelity Investments, said she was inspired to change her philanthropic focus by the documentary Waiting for Superman, about city students trying to get a better education in charter schools. She began teaching an after-school class through a program run by Citizen Schools, which helps students gain life skills and experience. She is in her third semester of teaching Invest Like a Millionaire, a course Fidelity developed, at a middle school in East Harlem. Ms. Fontana said the class focused on teaching children the basics of saving, spending and budgeting but culminated with students counseling real people (her friends) on their financial situation. The children embrace it and rise to the occasion, she said. We knew we were getting through to them when we had one student talk to a client about compound interest. She said she now found herself talking enthusiastically about the children and the program to all of her friends. Of course, there are those who can have it both ways, giving a lot of time and money each year. Trisha Perez Kennealy and her husband, Michael J. Kennealy, an entrepreneur and private equity executive, said they took a three-step approach to their educational philanthropy. They work with the public schools in Lexington, Mass., where their three children go, finance scholarships at their alma maters and donate to and serve on the boards of national educational reform groups. Its multipronged because we want to make a big change, Ms. Perez Kennealy said. You only go through third grade once. This is our future. But like everyone else I talked to, the Kennealys, who put their annual cash giving in the six figures, are true believers in what a great education can do. Everything we have in life we attributed to having a great education, Mr. Kennealy said. Its gratitude. But its also the recognition that a great education is not available to everyone else.

B6

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

In Unusual Move, the Delaware Supreme Court Rebukes a Judge


From First Business Page rate litigatorfrom New York who has argued cases in Judge Strines courtroom. The Supreme Court advised Judge Strine that if he wished to ruminate on what the proper direction of Delaware law should be, there are appropriate platforms, such as law review articles, the classroom, continuing legal education presentations and keynote speeches. Stephen Gillers, a professor of legal and judicial ethics at New York University School of Law, said that the courts admonition was highly unusual. You rarely see this type of ruling because judges understand that a judicial opinion has a distinct and narrow function and is not supposed to be a platform for your public agenda or your broader views on the law, he said. Reached by e-mail, Judge Strine, whose official title is chancellor of the Delaware Court of Chancery, declined to comment. The ruling came during a week when Judge Strines unique judicial stylings were on prominent display. During a hearing in a lawsuit between the fashion designer Tory Burch and her former husband, Christopher Burch, he described the dispute as a drunken WASP fest. At the center of the case is whether Mr. Burch, in starting his own retail stores, C. Wonder, borrowed too heavily from Ms. Burchs successful chain. During the hearing, Judge Strine addressed scheduling issues in the case, and said, I didnt see any reason to burden anyones Hanukkah, New Years, Christmas, Kwanzaa, Festivus with this preppy clothing dispute. He went on to consider why he gets assigned all the preppy clothing cases, noting that he had recently heard a dispute involving J. Crew. That led to a critique of a certain line of rain boots. Whats a duck shoe? he asked. You see all these freaks wearing this really ugly I like L. L. Bean, but those duck shoes are ugly. I mean, theres no way things? As the hearing continued, Judge Strine suggested that there might be nothing unique about the clothing lines of Mr. Burch and Ms. Burch, who divorced in 2007. He stumped one of the lawyers in the case by quizzing him on Ralph Laurens original surname, which is Lifschitz. After his lengthy sidebar on preppy attire, Judge Strine said he was deep in an autumnal Cheever phase, referring to the novelist and short story writer. He then encouraged the lawyers to read Cheevers works, go see the Broadway revival of Whos Afraid of Virginia Woolf? and watch Mad Men. Well be all geared up and in the mood for this sort of drunken WASP fest, Judge Strine said, and then proceeded to ask about the litigants religion. Are the Burches WASPs? he asked. Robert Isen, the chief legal officer at Tory Burch, hesitated before responding, Tory Burch is Jewish and Chris is not Jewish. The answer did not entirely satisfy Judge Strine. But not Jewish doesnt make you a WASP, because it could make you an equally excluded faith like Catholic, right? he asked. I mean, thats not a WASP. You know, a WASP is a WASP. Mr. Gillers of N.Y.U. Law said that discussing religion in such a manner was conduct unbecoming of a judge. Even if it is done lightheartedly, he said, it could in the early 1990s as a lawyer in the Wilmington, Del., office of the law firm Skadden, Arps, Slate, Meagher & Flom. He then joined the staff of the Delaware governor Thomas R. Carper, who is now a senator. Judge Strine, who is 48, was named to the Court of Chancery at 34. Many of his opinions are considered among the most influential rulings in corporate law. A lawyer based in Wilmington, Del., who described himself as a supporter of Judge Strine, said that behind this weeks Supreme Court ruling was a simmering tension between Myron Steele, the chief justice of the Delaware Supreme Court, and Judge Strine. That conflict appears to have its roots in a disagreement over an arcane subject: the default fiduciary duties of a limited liability company. This lawyer said that he found Judge Strines rapier wit and offtopic asides to be a breath of fresh air in a judiciary that too often can be painfully dull. Hes a brilliant dude, he said. Its justLeo being Leo.

Criticized for voicing individual world views in opinions.


compromise the publics confidence in the impartiality and integrity of the judiciary. Asking about religion, in my mind, is way off base, Mr. Gillers said. Its certainly not legally relevant, and a judge certainly wouldnt do that with race or sexual orientation. Judge Strine began his career

TIM SHAFFER FOR THE NEW YORK TIMES

Leo E. Strine Jr., who is 48, was named to the Delaware Court of Chancery at age 34.
around it. He then said he was puzzled by his sons recent purchase of a pair of Topsiders. Im like, what is this? Judge Strine asked. I mean, you know, how do you actually want to wear these

Lockheed Forces Out Incoming Chief After Uncovering Affair


From First Business Page in what had been a long-anticipated succession at the top of Lockheed. He was considered the heir apparent to Mr. Stevens after forging a strong relationship with Wall Street as Lockheeds chief financial officer from 2001 to 2007. He was known for his intelligence as well as his sharp and acerbic wit, but within the company, Mr. Thompson said, those characteristics had begun to grate on co-workers. His sarcasm was less welcome as he rose to one of the top positions in the company, Mr. Thompson said. Mr. Kubasik said in a statement, I regret that my conduct in this matter did not meet the standards to which I have always held myself. He earned more than $9.4 million in total compensation in 2011 and could have received substantially more as chief executive. Mr. Stevens earned about $25 million last year. In a filing with the Securities and Exchange Commission late Friday, Lockheed said Mr. Kubasik would receive a $3.5 million separation payment, but would not be entitled to his bonus for 2012. His bonus last year was $2.275 million. Mr. Stevens, 61, has been Lockheeds chief executive since 2004 and is retiring from that role. The board said that Mr. Stevenss title would shift to executive chairman on Jan. 1, signifying that he would play a more active, day-to-day advisory role in 2013 to help Ms. Hewson in her transition. Mr. Stevens said the company had a deep enough bench of executives that he felt comfortable planning to retire from that new role at the end of next year. Mr. Thompson said that Mr. Stevens, who had brought the company back from financial difficulties, had had enough of dealing with the Pentagon and Congress over problematic acquisition programs and did not want to stay longer. Ms. Hewson is unfailingly polite and gracious, Mr. Thompson said, and her personality may be better suited than Mr. Kubasiks to interacting with the government. In a statement Friday, Mr. Stevens said, While I am deeply disappointed and saddened by Chriss actions, which have been inconsistent with our values and standards, our swift response to his improper conduct demonstrates our unyielding commitment to holding every employee accountable for their actions. Lockheed, based in Bethesda, Md., has about 120,000 employees and had sales of $46.5 billion last year. It makes the F-35 and other fighter planes, satellites and missile defense systems and provides information technology and security services to government agencies. Mr. Kubasik had been promoted to president and chief operating officer in April. It was also announced then that he would succeed Mr. Stevens on Jan. 1. Ms. Hewson, 58, has been an executive vice president in charge of the companys electronic systems business since January 2010. The board had also decided in April that she would move up to president and chief operating officer when Mr. Kubasik replaced Mr. Stevens. Ms. Hewson will join Linda Hudson of BAE Systems and Phebe Novakovic, who will become chief executive of General Dynamics in January, in the rarefied world of women who run major military companies. Ms. Hewson was born in Junction City, Kan., and her father died when she was 9. Her mother, with three of her five children, moved to Alabama, to be near relatives who could help her. Ms. Hewson earned a bachelors degree in business administration and a masters in economics from the University of Alabama and has been with Lockheed Martin since 1983. She has since had 18 management jobs at the company. She has a husband and two sons and said she moved her

LUKE M acGREGOR/REUTERS

Marillyn A. Hewson will now be the next chief of Lockheed.


family eight times along the way. She once told Fortune that when she interviewed for her first job at Lockheed, in Marietta, Ga., she loved seeing all the planes in the factory. After that, I never really wanted to work anywhere else, she said.

Lawyer Says Ex-UBS Trader Is Scapegoat for Bank Woes


By MARK SCOTT

LONDON Kweku M. Adoboli, a former UBS trader in London, was cast by the defense in closing arguments on Friday as the scapegoat for a multibilliondollar loss at the Swiss bank. Charles Sherrard, Mr. Adobolis lawyer, told the jury that the banks management had singled out his client after a series of scandals and missteps at UBS. He has had to bear the brunt about what has been going on at UBS, Mr. Sherrard told the jury. He has been blamed for redundancies, the share price fall and reputational damage. Mr. Adoboli, 32, is charged with six counts of fraud and false accounting in connection with a $2.3 billion loss at the bank. If convicted, he could face more than 10 years in prison. He has pleaded not guilty to the charges. The case may go to the jury early next week. Over the course of the trial, the prosecution portrayed Mr. Adoboli as an arrogant investment banker who sidestepped the rules when it suited him. On Thursday, Sasha Wass, the lead prosecutor, called him a gambler who was playing God with the banks money. The defense argued that the allegations represented a character assassination, which failed to highlight the role of the management of UBS in condoning his trading activity. Mr. Sherrard added that the banks actions were representative of an industry driven solely to make money, an industry that puts enormous pressure on traders to make profits. Senior management are never to blame, Mr. Sherrard said. UBS is not a defendant in the

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case, and is not permitted to comment on criminal cases, according to British law. During almost five hours of closing arguments on Friday, the defense rebutted accusations that Mr. Adoboli acted alone to create false trades and hide losses from 2008 to 2011. Mr. Sherrard told the jury that several layers of management knew about the activities, but they did not stop Mr. Adoboli because he was earning profits. Mr. Adoboli joined UBS in 2003 and rose quickly to work on the Delta One desk, a plain-vanilla version of derivatives trading. Traders in the unit create investments that track specific financial assets, like a basket of company stocks. He is accused of creating false trades to hide his losses, according to prosecutors. They claimed that Mr. Adoboli created separate accounts, which he called his umbrella, to mask the profits and losses from his unauthorized activities. The defense said Mr. Adobolis activities were well known in the bank. His supervisors, according to the defense, condoned the actions because they proved to be profitable. Mr. Adobolis team earned $8.8 million in 2010, Mr. Sherrard said. That figure rose to $52 million for just the second quarter of 2011. In a single day, the unit posted a $6 million profit, he said. The next level of supervisors knew much of what he was doing, Mr. Sherrard said. For almost three years, everyone basked in his glory. While Mr. Sherrard acknowledged that his client had lied to UBS officials, he said Mr. Adoboli had been buying time to recoup his losses. The former trader also initially said he was solely to blame in order to protect his colleagues, his lawyer claimed. Later, Mr. Adoboli said others at UBS had been aware of his actions. Mr. Sherrard also told the jury that members of his clients team used the so-called umbrella to cover up their trading activity. The prosecutors are trying to desperately portray this man as a rogue trader, his lawyer said. The minute you see that the whole desk was working as a team, the prosecutions case falls apart, Mr. Sherrard added. The defense similarly countered claims that Mr. Adoboli had gambled with the banks money for personal gain. Mr. Sherrard read excerpts from the former traders UBS evaluations, which portrayed him as a hard-working, humble team player. He added that these glowing reviews debunked accusations that he was driven by profit. The notion is absurd, Mr. Sherrard said.

SERGIO PEREZ/REUTERS

Iberia planes on the tarmac at Madrid-Barajas Airport. The carrier said it would cut capacity and eliminate at least 4,500 jobs.

Iberia, in Fight for Survival, Says It Will Reorganize


By NICOLA CLARK

PARIS The parent company of Iberia, Spains money-losing air carrier, warned Friday that a deepening recession there and heightened competition from low-cost airlines had placed it in a fight for survival. It announced a sweeping reorganization that would eliminate at least 4,500 jobs and cut capacity by 15 percent. The planned reductions, equivalent to more than 20 percent of the airlines work force, came as the company, the International Airlines Group, reported a 24 percent drop in third-quarter net profit and forecast an operating loss of 120 million euros ($152 million) for the full year. Iberia is in a fight for survival and we will transform it to reduce its cost base so it can grow profitably in the future, Willie Walsh,

the chief executive of I.A.G., said in a statement. Iberias unions were given a deadline of Jan. 31 to reach an agreement on the job cuts or face possibly deeper retrenchments. Labor unions have been bracing for deep layoffs at Iberia for months as the grip of Spains recession tightens and I.A.G. gradually shifts operation of many domestic and European flights to its low-cost subsidiary, Iberia Express. On Thursday, I.A.G., which owns 46 percent of Vueling, a rival Spanish low-cost carrier, made a 113 million euro bid for the rest of the airline. It said, though, that it had no immediate plans to merge it with Iberia Express. The company is burning 1.7 million euros every day, Rafael Snchez-Lozano, Iberias chief executive, said in a statement. Iberia has to modernize and

adapt to the new competitive environment, as its cost base is significantly higher than its main competitors in Spain and Latin America. I.A.G. said Iberias operating losses of 262 million euros for the first nine months of this year had all but wiped out a 286 million euro profit made by British Airways in the same period. I.A.G. was formed by the merger of Iberia with British Airways last year. The job cuts were the latest retrenchments for Europes biggest airlines as they compete with leaner and nimbler rivals like Ryanair, easyJet and Air Berlin in Europe and with rapidly expanding Middle Eastern carriers like Emirates and Etihad on longdistance routes. Air France said in June that it would eliminate more than 5,100 jobs, or 10 percent of its work

force, by the end of next year as part of a 2 billion euro restructuring. Lufthansa announced the elimination of 3,500 administrative jobs in May as it sought 1.5 billion euros in savings over the next three years. While airlines globally have managed to trim costs and improve operating margins over the last year, the economic slowdown that has accompanied the sovereign debt crisis continues to weigh heavily on European carriers. Last month, the International Air Transport Association predicted that European airlines would lose a combined $1.2 billion this year, while it forecast global industry profits of $4.1 billion. European losses are expected to shrink to $200 million in 2013, the I.A.T.A. said, while airline profits worldwide are predicted to rise to $7.5 billion.

American Airlines and Pilots Agree on a New Contract


The Associated Press

American Airlines and its pilots union have reached an agreement in principle over a new contract, which could ultimately pave the way for the airline to exit bankruptcy, the pilots union said Friday. The unions board must still sign off on the deal and present it to pilots for a ratification vote. That could happen as soon as three weeks from now. The AMR Corporation, the parent of American Airlines, filed for Chapter 11 bankruptcy protection last November. It has reached la-

bor agreements with all of its unions except for the pilots. The airline has about 7,500 active pilots. The pilots rejected a previous contract proposal intended to save American more than $300 million a year. It would have given the pilots pay raises and a 13.5 percent stake in the company after it emerges from bankruptcy protection. But there were also concessions outsourcing some flying to other airlines that many pilots did not like. The contract was rejected by 61 percent of the Allied Pilots Association members. Americans

management then won permission in September from the bankruptcy court to impose new pay, benefit and work rules. Almost immediately, flights were delayed as some pilots called in sick or wrote up more maintenance problems. Only 59 percent of Americans flights arrived on time in September, according to the flight-tracking service FlightStats.com. Delta, Southwest, United and US Airways all had on-time percentages above 80 percent. American also canceled 1,391 flights in September, more than any other airline.

The airlines on-time performance improved in October as negotiations progressed. In a message to its members Friday, the union said its board would vote on whether to pass the agreement to the membership for ratification. That is likely to happen since the board has already shown support for the latest proposal by voting 13-to-2 on a related matter. The boards next vote could happen within a week. The members then get two weeks to review the contract language before voting.

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

B7

A Brand Icon in Need of Some Oversight at Martha Stewart Living


From First Business Page total revenue, which was just $43.5 million. That was a 17 percent drop from revenue in the same quarter last year. Although the loss included a $44.3 million noncash write-down related to the shrinking value of two of its magazines, the company until recently has been bleeding cash, which dropped from $38.5 million to just $17.4 million in the quarter. The company said it would lay off about 70 employees, 12 percent of its work force, and discontinue its stand-alone print version of the magazine Everyday Food. None of this bad news has made much of a dent on Ms. Stewarts own compensation. Her base annual pay rose from $1.7 million in 2009 to $2 million in 2010 and 2011, and she received a $3 million retention bonus when she signed her new contract in 2009. She gets an additional minimum of $2 million a year under an intangible assets license agreement, which gives the company the rights to Martha Stewarts lifestyle and the public perception of Martha Stewarts lifestyle, including such details as how she arranges her outdoor furniture. Her corporate perks are well known, and she has long blurred the line between business and personal expenses. She submitted as a business expense the $17,000 cost of her now-infamous holiday trip to the Mexican luxury resort Las Ventanas al Paraiso. She arrived at the resort the day she dumped her shares in the biotechnology company ImClone upon learning, en route, that the companys chief executive was trying to sell his shares ahead of a negative Food and Drug Administration decision on the companys principal drug. (She settled charges of insider trading brought by the Securities and Exchange Commission after being convicted of making criminal false statements to cover up the reason for the sale.) Then she had her accountant tell her companion on the trip that shed have to pay her fair share of the costs, according to testimony in her 2004 trial. The company doesnt break out Ms. Stewarts reimbursed expenses, but general and administrative expenses amounted to a lofty $11 million in the last quarter. That number, of course, includes many expenses besides Ms. Stewarts, like other executives salaries. The company does reveal what it calls other compensation for Ms. Stewart, which in 2011 included a personal trainer and other expenses for personal fitness; a weekend driver; security services; fees for on-air appearances; unspecified personnel costs not otherwise reimbursed by the company; insurance premiums; and an unidentified charitable contribution, which added up to over $1 million. Ms. Stewart also receives stock options, nearly $1.8 million worth in 2009 through 2011, though she has not received any options so far this year. Still, as Mr. Hodgson put it, Why is she even getting stock options? Her interests are already thoroughly aligned with the company, given her ownership stake. Moreover, the intangible license agreement is very unusual, Mr. Hodgson said.

YANA PASKOVA FOR THE NEW YORK TIMES

Mayor Michael Bloomberg with Martha Stewart last month. Her company lost $50.7 million in the third quarter and its share price has fallen to about $2.80.
All told, Ms. Stewarts compensation was $9.8 million in 2009, $5.9 million in 2010 and $5.5 million in 2011, or $21.2 million over the last three years, even as the company was in a downward spiral. Just before Ms. Stewart got out of prison in 2005, her shares were trading at over $34 and she was a billionaire. After plunging during the financial crisis, they were above $8 a share in September 2009. They traded this week at about $2.80. Asked about the issues raised in this column, a spokesman for Martha Stewart Living Omnimedia declined to comment and said Ms. Stewart had no comment. Over the years, many have tried and failed to press this point upon Ms. Stewart. She didnt get it. Or perhaps she didnt want to get it, said one former executive, who, like other current and former employees, asked not to be named to avoid retaliation. She wanted both. Shed say, I should be paid twice what Im being paid and the stock should be at $20. I am this company. Someone familiar with her thinking told me: Its fair to say that she remains very frustrated with the fact that she has a company which in her mind has the same platform as a Ralph Lauren and should be a $3 to $4 billion company and its not. Its very small, and its shrinking. Ms. Stewart has sometimes blamed the board and former management. But as the controlling shareholder, Ms. Stewart largely determines the makeup of the board. After some friction over Ms. Stewarts compensation, two highly respected directors Jill A. Greenthal, a senior adviser at the financial management firm Blackstone, and Bradley E. Singer, a former chief financial officer for Discovery Communications were replaced on the board. One of their replacements was Frederic Fekkai, one of Ms. Stewarts hairdressers and a celebrity in his own right. He now serves on the compensation committee that granted Ms. Stewart her new contract. You have to question whether these negotiations were really at arms length, Mr. Hodgson said. And even though Mr. Fekkai helps determine Ms. Stewarts pay, the Martha Stewart Web site praises his skills and hair care products without disclosing any potential conflict of interest. Martha loves the way Frederic Fekkai shampoo and conditioner keep her hair soft, silky and shiny, the site says, to cite just one example. Martha uses Frederic Fekkai Technician Color Care shampoo and conditioner. A link provides a purchase option. A spokeswoman said Mr. Fekkai could not be reached for comment. Ms. Stewart is so lavishly compensated, and her compensation seems so detached from the companys performance, that the share price may not provide much discipline. The danger is that if you have this safety net of compensation, then you really dont care that much about the stock price, Mr. Hodgson said. It undercuts the alignment of her interest and the companys. As a shareholder, youd like to see the company get rid of all that, and then see what she does about the stock price. Michael Kupinski, an analyst at Noble Financial, and one of a dwindling number of analysts tracking the company, agreed. I would have expected some cutback in terms of salary or comStewart already sold exclusive rights to such products to it in a contract that extends until January 2018 and that the contract explicitly states that any other department store is prohibited from selling goods in Macys exclusive categories. In other words, Macys contends that Ms. Stewart sold the same rights twice, and to one of its major competitors at that. In a rare public dispute between ostensible partners, Macys sued Martha Stewart Living. A judge ruled that a cause of action exists in favor of Macys and barred Martha Stewart from selling at J. C. Penney soft home (bedding, bath and kitchen textiles); housewares (dinnerware tabletop and gadgets); home dcor (candles and frames); cookware and furniture pending a final resolution of the lawsuit. Martha Stewarts company said it planned to introduce Martha Stewart products in J. C. Penney early next year. (J. C. Penney is already selling products under the Emeril brand, which is owned by Martha Stewart Living.) But unless her company prevails at the trial, scheduled to begin later this month, or reaches a potentially costly settlement with Macys, its hard to figure out what Martha Stewart will be able to sell there. Macys and J. C. Penney declined to comment on pending litigation, and Martha Stewart Living declined to specify any products it would be able to sell if the injunction continued. Given her prodigious talent, formidable work ethic and proven survival skills, Ms. Stewart, 71, will probably emerge from this latest crisis with her celebrity and at least some of her personal fortune intact. Is it too late for her company and her shareholders? There are at least a few positive glimmers. As part of the J. C. Penney deal, the company acquired 17 percent of Martha Stewarts stock and was granted two seats on the board, providing some adult supervision, as one person close to Ms. Stewart put it. The companys current management team the chief executive Lisa Gersh, a co-founder of Oxygen Media, and the chief financial officer Ken West, the former chief financial officer of Marvel Entertainment, both of whom arrived last year have helped sell their former companies and are widely admired on Wall Street. Theyre working at breakneck speed to improve profitability and enhance asset value, Mr. Kupinski maintained, while acknowledging that the company is still far from profitable. The wild card, as it always has been, is Martha Stewart herself. She could hang up her pots and pans tomorrow and license her brand, and the shareholders might be better off, the person close to her told me. But Im convinced shell be carried from her portable kitchen to her coffin. Shes not even close to the concept of retirement. She works 70 hours a week. The flaw is, shes not a manager. Shes a brand icon. Shes a visionary. But shes not a C.E.O.

Losses and a sagging stock make no dent in the founders pay.


pensation, he said. Taking a lower salary would boost the stocks value. The one bright spot in the companys otherwise dismal recent earnings merchandising has also been clouded by Ms. Stewarts seeming insensitivity to potential conflicts of interest. Part of the increase in merchandising revenue in the most recent quarter came from a deal Ms. Stewart struck earlier this year with J. C. Penney. In return for millions of dollars in guaranteed payments, J. C. Penney plans to sell Martha Stewart-branded household products in in-house boutiques, part of a J. C. Penney turnaround strategy. But the rival department store chain Macys contends that Ms.

Consumer Confidence Climbs to a 5-Year High


By Reuters

STOCKS & BONDS

An increasingly upbeat view of the economy and the jobs market drove consumer sentiment to its highest level in more than five years in early November, while a jump in wholesale inventories suggested the economy grew more than initially estimated last quarter. It was the fourth month that Americans adopted a rosier economic outlook, even as financial markets showed increasing anxiety on fear that the spending cuts and tax increases set to take effect in the new year could push the country back into recession. Separate data from the government on Friday showed wholesale inventories rose in September by the most in nine months, prompting economists to raise their forecasts for third-quarter growth. Inventories are a key element of the governments measure of economic growth and can highlight underlying strength or weakness. The index of consumer sentiment from Thomson Reuters and the University of Michigan rose to 84.9 in November from 82.6, topping economists expectations for a reading of 83. It was the highest level since July 2007. The measure of consumer expectations also hit the highest level in more than five years, rising to 80.8 from 79.0. Most interviews for the survey were done before Tuesdays presidential election. It shows that the U.S. econ-

omy is on a decent footing heading into the so-called fiscal cliff, said Joe Manimbo, a market analyst at Western Union Business Solutions in Washington. Theres a lot at stake, and theres a lot of momentum that could be lost if lawmakers dont get their act together. The survey director, Richard Curtin, said the re-election of President Obama should not have an impact on overall expectations, but if Washington does not act quickly to avoid the $600 billion in automatic spending cuts and tax increases, consumers could face a shock. But the chances of a comprehensive legislative solution to the tax increases and spending cuts before Jan. 1 are considered slight, and members of Congress have been looking for a temporary fix to buy time. While a negative conclusion to the discussions poses a risk to confidence and spending, uncertainty over the ultimate outcome doesnt appear to have troubled consumers unduly thus far, a Barclays economist, Peter A. Newland, wrote. The Commerce Department reported that total wholesale inventories gained 1.1 percent to $494.2 billion, beating even the highest estimate in a Reuters poll of analysts. JPMorgan and Barclays raised their estimates for third-quarter gross domestic product growth to 3.2 percent from 2.8 percent after the release of the report.

Shares Edge Up as Budget Concern Clashes With Strong Economic Data


By Reuters

Stocks advanced slightly on Friday but failed to avert the worst week for markets since June, as investors turned their attention from the presidential election to the coming negotiations over impending tax increases and spending cuts. The market gave up some early gains after President Obama and House Speaker John Boehner, in separate public remarks, made it clear that partisan sparring over taxes and budget cuts to address the deficit would probably dominate the next several weeks. The Standard & Poors 500stock index finished Fridays session up 0.17 percent, but it fell 2.4 percent for the week, its worst performance since early June. At this point, theres no election, and theres nothing else that can distract. The junk has filtered out and the politicians will be forced to make a decision on the fiscal cliff, said Chris Hobart, chief executive and founder of the Hobart Financial Group, an investment management and financial planning company in Charlotte, N.C. Early in the day, new economic data showed that consumer sentiment was at its highest level in more than five years, according to the Thomson Reuters/University of Michigan surveys, and

The Dow Minute by Minute


Position of the Dow Jones industrial average at 1-minute intervals yesterday.
12,900

12,850

12,800
Previous close 12,811.32

12,750 10 a.m.
Source: Bloomberg

Noon

2 p.m.

4 p.m.
THE NEW YORK TIMES

that wholesale inventories jumped in September, according to a Commerce Department report. Shares of Walt Disney fell 6 percent to $47.06, dragging on the Dow industrials, after the company reported results late Thursday. The company said future results would be under pressure because of declining home video sales and rising costs. Groupons shares sank 29.6 percent, to $2.76, a day after the daily deal companys results fell short of Wall Streets expectations. The Dow Jones industrial average edged up 4.07 points, or 0.03 percent, to 12,815.39 at the close.

Good news on consumer sentiment and wholesale inventories.


The Standard & Poors 500-stock index rose 2.34 points, or 0.17 percent, to 1,379.85. The Nasdaq composite index advanced 9.29 points, or 0.32 percent, to close at 2,904.87. For the week, the Dow fell 2.1 percent and the Nasdaq lost 2.2 percent. Tech stocks managed solid gains in Fridays session. An

S.& P. information technology sector index rose 0.6 percent. Shares of Apple rebounded from their slide into bear market territory this week with a 1.7 percent gain on Friday to close at $547.06. But the stock of the retailer J. C. Penney slid 4.8 percent to $20.64 and was the S.& P. 500s biggest decliner after the company reported a sharper-than-expected decline in quarterly sales at stores open at least a year. Investors may be reacting to the prospect of higher tax rates next year by selling both losing and winning stocks for the year to reduce the tax impact from their positions. International Game Technology, a maker of slot machines, gained 5.2 percent to $13.50 after reporting better-than-expected fourth-quarter earnings. Lions Gate Entertainment jumped 14.3 percent to $16.68 after reporting better-than-expected earnings of $75.5 million, helped by the studios blockbuster movie The Hunger Games. Interest rates were steady. The Treasurys benchmark 10-year note rose 2/32, to 100 4/32, from 100 2/32 late Thursday, and the yield slipped to 1.61 percent from 1.62 percent.

Remember the Neediest!

B8

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

MARKET GAUGES
S.&P. U 1,379.85 +2.34 500 DOW U 12,815.39 +4.07 INDUSTRIALS NASDAQ U 2,904.87 +9.29 COMPOSITE 10-YEAR TREASURY YIELD D
1.61% 0.01 $86.07 CRUDE OIL U +$0.98

GOLD U $1,730.30 +$4.90 (N.Y.)

$1.2709 THE D $0.0031 EURO

Standard & Poors 500-stock index


1,550 1,500 1,450 1,400 1,350

3-MONTH TREND

Nasdaq Composite
3,300 3,200

3-MONTH TREND

Dow Jones Industrial Average


14,500 14,000

3-MONTH TREND

+10%

+10%

+10%

+ 5% 3,100 0% 3,000 2,900 5%

+ 5% 13,500 0% 13,000 12,500 12,000

+ 5%

0%

5% 2,800

5%

1,300 Oct.

Oct.

Oct.

When the index follows a white line, it is changing at a constant pace; when it moves into a lighter band, the rate of change is faster.

STOCK MARKET INDEXES


Index DOW JONES Close Chg % Chg 52-Wk % Chg YTD % Chg Index NASDAQ Close Chg % Chg 52-Wk % Chg YTD % Chg

MOST ACTIVE, GAINERS AND LOSERS


Stock (TICKER) 20 MOST ACTIVE Close Chg % Chg Volume (100) Stock (TICKER) 20 TOP GAINERS 9.43 2.76 5.51 2.75 5.55 28.83 16.82 19.21 20.64 10.93 21.00 2.03 35.93 20.80 47.06 547.06 24.17 33.54 40.62 7.50 +0.04 1.16 0.59 +0.08 0.06 +0.02 0.01 0.78 1.05 +0.03 +0.11 +0.05 0.07 0.03 2.98 +9.31 +0.01 +0.34 +0.22 1.18 +0.4 1404122 29.6 1163269 9.7 766920 +3.0 643316 1.1 436841 +0.1 432803 0.1 430806 3.9 422477 4.8 415149 +0.3 406706 +0.5 401760 +2.5 395746 0.2 374449 0.1 350101 6.0 341283 +1.7 331828 0.0 324763 +1.0 317893 +0.5 273858 13.6 261457 Hallwood G (HWG) Kayak Soft (KYAK) Digital Ge (DGIT) Spherix In (SPEX) SciQuest I (SQI) Zipcar Inc (ZIP) Digital Al (DGLY) Isis Pharm (ISIS) Lions Gate (LGF) Nymox Phar (NYMX) ACI Worldw (ACIW) Pozen Inc (POZN) Key Techno (KTEC) Cray Inc (CRAY) ImmuCell C (ICCC) Span-Ameri (SPAN) Ubiquiti N (UBNT) Arena Phar (ARNA) Franklin C (FC) ARC Group (ARCW) 9.46 39.67 10.00 8.50 15.30 7.00 5.75 8.78 16.68 8.40 43.26 5.77 10.19 13.32 5.07 19.00 11.21 8.36 12.97 6.96 +3.85 +8.63 +1.52 +1.19 +2.14 +0.96 +0.75 +1.11 +2.08 +0.99 +4.89 +0.64 +1.09 +1.31 +0.49 +1.83 +1.06 +0.79 +1.18 +0.61 +68.6 +27.8 +17.9 +16.3 +16.3 +15.9 +15.0 +14.5 +14.2 +13.4 +12.7 +12.5 +12.0 +10.9 +10.7 +10.7 +10.4 +10.4 +10.0 +9.6 332 26248 19035 230 5974 40316 180 40733 59052 1447 12609 1795 427 9165 3 99 9035 147517 283 1 Close Chg % Chg Volume (100) Stock (TICKER) 20 TOP LOSERS DTS Inc (DTSI) Strayer Ed (STRA) Enerplus C (ERF) Molycorp I (MCP) Coastal Co (COA) Trulia Inc (TRLA) Nutrisyste (NTRI) Bank of th (BOTJ) Net Elemen (NETE) Innerworki (INWK) SandRidge (SD) PC Mall In (MALL) Sterling C (STRL) Diodes Inc (DIOD) Novadaq Te (NVDQ) Ecology an (EEI) Food Techn (VIFL) Knightsbri (VLCCF) Globus Med (GMED) Michael Ba (BKR) 14.80 46.51 12.84 7.50 6.10 15.15 8.40 6.25 5.15 12.79 5.51 5.37 8.75 13.75 9.99 11.65 5.56 5.49 13.86 19.19 5.82 9.66 2.17 1.18 0.90 2.23 1.19 0.75 0.60 1.46 0.59 0.52 0.80 1.21 0.83 0.91 0.40 0.39 0.95 1.31 28.2 17.2 14.5 13.6 12.9 12.8 12.4 10.7 10.4 10.2 9.7 8.8 8.4 8.1 7.7 7.3 6.7 6.6 6.4 6.4 16943 15006 49023 261457 811 5561 12827 40 33 16303 766920 672 746 12022 3467 264 39 3585 5783 332 Close Chg % Chg Volume (100)

Industrials Transportation Utilities Composite


STANDARD AND POORS

12815.39 5018.28 448.11 4310.59

4.07 35.99 3.11 13.81

0.03 0.71 0.69 0.32

+ + + +

8.78 5.00 0.85 6.17

+ +

4.89 0.03 3.57 1.85

100 Stocks 500 Stocks Mid-Cap 400 Small-Cap 600


NEW YORK STOCK EXCHANGE

630.03 1379.85 969.82 447.74

+ + + +

1.47 2.34 1.37 0.12

+ + + +

0.23 0.17 0.14 0.03

+ + + +

13.92 12.27 11.76 12.64

+10.38 + 9.72 +10.31 + 7.87

Nasdaq 100 Composite Industrials Banks Insurance Other Finance Telecommunications Computer
OTHER INDEXES

2584.10 2904.87 2465.81 1794.62 4625.07 3935.79 181.23 1518.91 2385.40 14436.65 2972.01 795.02 181.11 369.70 48.13 209.41

+ + + + + + + + + + + + +

11.53 9.29 3.94 3.11 5.82 15.04 0.34 10.46 3.04 17.50 1.85 1.37 2.52 0.89 0.04 0.14

+ + + + + + + + + + + + +

0.45 0.32 0.16 0.17 0.13 0.38 0.19 0.69 0.13 0.12 0.06 0.17 1.37 0.24 0.08 0.07

+ + + + + + + + + + + +

11.67 10.80 11.64 17.00 11.17 13.87 8.51 7.90 5.50 11.79 11.99 10.59 12.29 1.42 25.24 7.62

+13.45 +11.50 +13.73 +10.93 + 8.14 +14.22 7.97 +10.17 + 4.70 + 9.45 +10.25 + 7.30 + 0.26 + 1.44 +22.22 3.18

NYSE Comp. Tech/Media/Telecom Energy Financial Healthcare

8053.57 5856.06 12233.55 4744.52 7730.12

+ + + +

2.74 14.88 15.90 2.52 20.17

+ + + +

0.03 0.25 0.13 0.05 0.26

+ 9.52 + 7.71 + 6.68 + 6.76 0.29 1.42 + 18.07 +16.78 + 15.94 + 9.72

American Exch Wilshire 5000 Value Line Arith Russell 2000 Phila Gold & Silver Phila Semiconductor KBW Bank Phila Oil Service

Bank of Am (BAC) Groupon In (GRPN) SandRidge (SD) Sirius XM (SIRI) Sprint Nex (S) Microsoft (MSFT) Cisco Syst (CSCO) Facebook I (FB) J C Penney (JCP) Ford Motor (F) General El (GE) Advanced M (AMD) Citigroup (C) Intel Corp (INTC) Walt Disne (DIS) Apple Inc (AAPL) Pfizer Inc (PFE) AT&T Inc (T) JPMorgan C (JPM) Molycorp I (MCP)

S&P 100 STOCKS


Stock (TICKER)
3M Co (MMM) Abbott Lab (ABT) Accenture (ACN) Allstate C (ALL) Altria Gro (MO) Amazon.Com (AMZN) American E (AEP) American E (AXP) Amgen Inc (AMGN) Anadarko P (APC) Apache Cor (APA) Apple Inc (AAPL) AT&T Inc (T) Baker Hugh (BHI) Bank of Am (BAC) Bank of Ne (BK) Baxter Int (BAX) Berkshire (BRKb) Boeing Co (BA) Bristol-My (BMY) Capital On (COF) Caterpilla (CAT) Chevron Co (CVX) Cisco Syst (CSCO) Citigroup (C)

52-Week Price Range 1-Day Low Close () High Close Chg


75.49 52.05 51.08 24.50 27.00 166.97 36.97 44.70 54.59 56.42 77.80 363.32 27.41 37.08 4.92 17.67 47.55 72.60 62.12 30.10 39.30 78.25 92.29 14.96 23.30

1-Yr YTD Chg % Chg

Stock (TICKER)
Coca-Cola (KO) Colgate-Pa (CL) Comcast Co (CMCSA) ConocoPhil (COP) Costco Who (COST) CVS Carema (CVS) Dell Inc (DELL) Devon Ener (DVN) Dow Chemic (DOW) E. I. du P (DD) eBay Inc (EBAY) Eli Lilly (LLY) EMC Corp (EMC) Emerson El (EMR) Exelon Cor (EXC) Exxon Mobi (XOM) FedEx Corp (FDX) Ford Motor (F) Freeport-M (FCX) General Dy (GD) General El (GE) Gilead Sci (GILD) Goldman Sa (GS) Google Inc (GOOG) H.J. Heinz (HNZ)

52-Week Price Range 1-Day Low Close () High Close Chg


32.37 86.19 20.90 50.41 78.81 36.44 9.11 53.70 24.42 43.02 28.15 35.46 21.25 43.58 30.91 73.90 76.06 8.82 31.08 60.60 14.68 34.45 86.90 556.52 49.75

1-Yr YTD Chg % Chg

Stock (TICKER)
Halliburto (HAL) Hewlett-Pa (HPQ) Home Depot (HD) Honeywell (HON) Intel Corp (INTC) Internatio (IBM) Johnson & (JNJ) JPMorgan C (JPM) Lockheed M (LMT) Lowes Com (LOW) MasterCard (MA) McDonalds (MCD) Medtronic (MDT) Merck & Co (MRK) Metlife In (MET) Microsoft (MSFT) Mondelez I (MDLZ) Monsanto C (MON) Morgan Sta (MS) National O (NOV) News Corp (NWSA) Nike Inc (NKE) Norfolk So (NSC) Occidental (OXY) Oracle Cor (ORCL)

52-Week Price Range 1-Day Low Close () High Close Chg


26.28 13.60 36.41 48.82 20.80 177.06 61.05 28.28 72.37 22.39 336.26 84.05 33.21 33.13 27.60 24.30 22.31 67.09 12.26 59.07 15.93 85.10 57.89 76.15 24.91

1-Yr YTD Chg % Chg

Stock (TICKER)
PepsiCo In (PEP) Pfizer Inc (PFE) Philip Mor (PM) Procter & (PG) Qualcomm I (QCOM) Raytheon C (RTN) Schlumberg (SLB) Simon Prop (SPG) Southern C (SO) Starbucks (SBUX) Target Cor (TGT) Texas Inst (TXN) Time Warne (TWX) U.S. Banco (USB) Union Paci (UNP) United Par (UPS) United Tec (UTX) UnitedHeal (UNH) Verizon Co (VZ) Visa Inc (V) Wal-Mart S (WMT) Walgreen C (WAG) Walt Disne (DIS) Wells Farg (WFC) Williams C (WMB)

52-Week Price Range 1-Day Low Close () High Close Chg


62.15 18.15 70.82 59.07 51.60 42.00 59.12 115.21 42.11 40.75 47.25 26.06 32.09 23.72 95.15 66.46 70.41 43.42 35.32 88.78 56.26 28.53 33.28 23.19 23.78

1-Yr YTD Chg % Chg

95.46 88.81 + 0.26 + 12.42 + 8.7 72.47 64.84 + 1.36 + 22.48 + 15.3 71.79 65.81 0.14 + 16.05 + 23.6 42.81 38.73 + 0.05 + 49.83 + 41.3 36.29 31.48 + 0.20 + 15.86 + 6.2 264.11 226.31 1.04 + 7.14 + 30.7 45.41 41.80 0.24 + 8.77 + 1.2 61.42 55.83 + 0.27 + 13.45 + 18.4 89.95 85.17 + 0.43 + 48.10 + 32.6 88.70 70.65 + 1.01 9.20 7.4 112.09 78.56 0.33 21.27 13.3 705.07 547.06 + 9.31 + 38.40 + 35.1 38.58 33.54 + 0.34 + 16.02 + 10.9 59.84 40.71 + 0.03 27.00 16.3 10.10 9.43 + 0.04 + 53.08 + 69.6 25.35 24.11 + 0.05 + 18.77 + 21.1 66.70 64.27 0.32 + 21.01 + 29.9 90.93 85.18 + 0.60 + 12.97 + 11.6 77.83 73.25 + 2.27 + 13.48 0.1 36.34 32.23 + 0.11 + 4.07 8.5 61.83 58.37 + 0.08 + 31.46 + 38.0 116.95 84.95 + 1.29 7.30 6.2 118.53 105.84 0.03 + 1.50 0.5 21.30 16.82 0.01 4.49 7.0 38.72 35.93 0.07 + 24.54 + 36.6

40.66 36.29 0.07 + 8.28 + 3.7 110.97 103.87 0.20 + 18.78 + 12.4 37.96 36.12 0.08 + 67.14 + 52.3 59.68 55.67 0.19 + 4.00 + 0.2 104.43 95.46 + 0.72 + 14.45 + 14.6 49.23 46.36 0.07 + 20.76 + 13.7 18.36 9.41 0.04 36.42 35.7 76.34 53.83 0.19 18.02 13.2 36.08 29.36 0.19 + 8.02 + 2.1 53.98 43.34 + 0.08 8.93 5.3 50.94 47.73 0.14 + 53.08 + 57.4 53.99 47.47 0.00 + 25.42 + 14.2 30.00 24.22 + 0.05 + 0.58 + 12.4 53.78 50.15 + 0.37 + 0.08 + 7.6 45.22 31.11 0.58 30.84 28.3 93.67 87.21 + 0.14 + 12.69 + 2.9 97.19 89.73 0.30 + 13.08 + 7.4 13.05 10.93 + 0.03 1.00 + 1.6 48.96 38.35 0.32 1.16 + 4.2 74.54 64.45 + 0.12 + 2.37 3.0 23.18 21.00 + 0.11 + 32.49 + 17.3 70.39 65.01 + 0.16 + 63.05 + 58.8 128.72 116.15 + 0.88 + 16.53 + 28.4 774.38 663.03 + 10.74 + 10.33 + 2.7 58.56 57.47 + 0.20 + 9.26 + 6.3

40.43 30.56 + 0.08 16.11 11.4 30.00 13.61 0.21 48.31 47.2 63.20 60.96 + 0.10 + 64.05 + 45.0 63.89 60.83 0.47 + 15.14 + 11.9 29.27 20.80 0.03 12.75 14.2 211.79 189.64 0.46 + 4.06 + 3.1 72.74 69.87 + 0.22 + 9.98 + 6.5 46.49 40.62 + 0.22 + 24.83 + 22.2 95.92 89.98 + 0.06 + 16.93 + 11.2 33.63 31.47 0.63 + 41.76 + 24.0 486.08 464.66 + 2.86 + 30.00 + 24.6 102.22 84.74 0.39 8.54 15.5 44.79 41.16 + 0.10 + 20.70 + 7.6 48.00 44.05 + 0.21 + 30.36 + 16.8 39.55 32.02 + 0.02 0.09 + 2.7 32.95 28.83 + 0.02 + 10.04 + 11.1 28.48 26.02 0.09 + 14.41 + 6.4 92.20 86.43 + 0.10 + 20.16 + 23.3 21.19 16.61 + 0.09 + 5.39 + 9.8 89.95 68.97 0.51 + 2.86 + 1.4 25.50 24.42 + 0.06 + 48.54 + 36.9 114.81 92.31 + 0.45 0.05 4.2 78.50 58.00 1.14 19.39 20.4 106.68 76.65 + 0.24 20.58 18.2 33.29 30.35 0.07 3.93 + 18.3

73.66 68.85 + 0.06 + 10.55 + 3.8 26.09 24.17 + 0.01 + 24.97 + 11.7 94.13 85.42 0.13 + 22.69 + 8.8 70.83 67.01 + 0.10 + 6.84 + 0.4 68.87 61.62 + 0.95 + 11.21 + 12.7 58.68 56.06 + 0.94 + 26.32 + 15.9 80.78 68.37 + 0.60 6.46 + 0.1 164.17 152.00 2.16 + 21.42 + 17.9 48.59 43.03 0.23 0.37 7.0 62.00 50.96 + 0.10 + 18.65 + 10.8 65.80 62.02 + 0.20 + 19.98 + 21.1 34.24 29.51 + 0.37 2.64 + 1.4 46.59 44.67 + 0.54 + 32.39 + 23.6 35.46 32.10 0.07 + 27.84 + 18.7 129.27 120.25 0.78 + 22.25 + 13.5 81.79 72.25 0.34 + 4.73 1.3 87.50 75.84 0.32 0.78 + 3.8 60.75 52.90 0.54 + 16.16 + 4.4 48.77 42.64 + 0.03 + 15.59 + 6.3 146.41 142.93 + 0.87 + 53.47 + 40.8 77.60 72.31 0.17 + 24.57 + 21.0 37.34 32.66 0.11 + 2.96 1.2 53.40 47.06 2.98 + 39.27 + 25.5 36.60 32.35 0.00 + 29.45 + 17.4 37.56 32.07 0.13 + 29.66 + 18.9

Prices shown are for regular trading for the New York Stock Exchange and the American Stock Exchange which runs from 9:30 a.m., Eastern time, through the close of the Pacific Exchange, at 4:30 p.m. For the Nasdaq stock market, it is through 4 p.m. Close Last trade of the day in regular trading. + or indicates stocks that reached a new 52-week high or low. Change Difference between last trade and previous days price in regular trading. or indicates stocks that rose or fell at least 4 percent. indicates stocks that traded 1 percent or more of their outstanding shares. n Stock was a new issue in the last year.

FINRA TRACE CORPORATE BOND DATA


Yields
FINRA-BLOOMBERG CORPORATE BOND INDEXES

GOVERNMENT BONDS
Market Breadth
All Investment High Issues Grade Yield Total Issues Traded 5564 Advances 2349 Declines 2914 Unchanged 153 52 Week High 271 52 Week Low 85 14,640 Dollar Volume* 3981 1750 2080 64 205 47 9,205 1405 511 755 83 63 35 4,720 Conv 178 88 79 6 3 3 715

52-week Total Returns


FINRA-BLOOMBERG CORPORATE BOND INDEXES

Yield Curve
Yest. 1-mo. ago 1-yr. ago

Key Rates
4% 3 2 1
Maturity
10-year Treas. 2-year Treas. Prime Rate Fed Funds

Most Recent Issues


Mat. Date Rate Bid 0.09 0.15 99.98 100.52 100.11 100.06 Ask 0.09 0.14 99.98 100.53 100.12 100.09 Chg +0.00 +0.00 +0.06 +0.09 Yield 0.09 0.15 0.26 0.64 1.61 2.75

4% 3 2 1 0 3 6 2
Months

10% 8 6

high yield +6.77%

+15% +10 + 5

high yield +13.10%

T-BILLS 3-mo. Feb 13 6-mo. May 13

4 2 0 invest. grade +3.23% 11 2012 0 5 invest. grade +9.37% 11 2012

End of day data. Activity as reported to FINRA TRACE. Market breadth represents activity in all TRACE eligible publicly traded securities. Shown below are the most active fixed-coupon bonds ranked by par value traded. Investment grade or high-yield is determined using credit ratings as outlined in FINRA rules. C Yield is unavailable because of issues call criteria. *Par value in millions.
Source: FINRA TRACE data. Reference information from Reuters DataScope Data. Credit ratings from Moodys, Standard & Poors and Fitch. Issuer Name provided by S&P Capital IQ

BONDS & NOTES 2-yr. Oct 14 5-yr. Oct 17 } 10-yr. Nov 22 1| 30-yr. Nov 42 2}

0 30 11 2012
Source: Thomson Reuters

5 10
Years

TREASURY INFLATION BONDS [ 107-07 5-yr. Apr 17 [ 109-28 10-yr. Jul 22 2 145-14 20-yr. Jan 29 } 113-00 30-yr. Feb 42

107-11 0-03 -1.45 110-03 0-07 -0.85 145-30 0-18 -0.25 113-24 0-25 0.29 Source: Thomson Reuters

Most Active
Issuer Name (SYMBOL) INVESTMENT GRADE Coupon% Maturity

FOREIGN EXCHANGE
Credit Rating Moodys S&P Fitch Price High Low Last Chg Yld% Foreign Currency in Dollars AMERICAS Argentina (Peso) Bolivia (Boliviano) Brazil (Real) Canada (Dollar) Chile (Peso) Colombia (Peso) Dom. Rep. (Peso) El Salvador (Colon) Guatamala (Quetzal) Honduras (Lempira) Mexico (Peso) Nicaragua (Cordoba) Paraguay (Guarani) Peru (New Sol) Uruguay (New Peso) Venezuela (Bolivar) EUROPE Britain (Pound) Czech Rep (Koruna) Denmark (Krone) Europe (Euro) Hungary (Forint) Dollars in Foreign Currency Foreign Currency in Dollars ASIA/PACIFIC Australia (Dollar) China (Yuan) Hong Kong (Dollar) India (Rupee) Japan (Yen) Malaysia (Ringgit) New Zealand (Dollar) Pakistan (Rupee) Philippines (Peso) Singapore (Dollar) So. Korea (Won) Taiwan (Dollar) Thailand (Baht) Vietnam (Dong) Dollars in Foreign Currency

General Elec Co (Ge) Goldman Sachs Group (Gs.Aeh) At&T (T.Mf) Morgan Stanley (Ms.Mhu) At&T (T.Mc) Citigroup (C.Aly) Morgan Stanley (Ms) Sbc Communications (T.Lw) Jpmorgan Chase & Co (Jpm) Oracle (Orcl)
HIGH YIELD

2.700 5.750 5.550 5.500 5.350 4.500 4.875 6.450 3.250 2.500

Oct 22 Jan 22 Aug 41 Jul 21 Sep 40 Jan 22 Nov 22 Jun 34 Sep 22 Oct 22

Aa3 A3 A2 Baa1 A2 Baa2 Baa2 A2 A2 A1

A A A A A Bbb+ A A+

103.876 117.897 123.799 112.254 120.125 111.470 105.244 130.085 103.581 102.345

101.400 116.255 121.394 109.795 117.415 110.461 101.455 126.219 102.846 101.018

101.743 116.775 123.799 111.353 120.125 111.115 103.158 130.085 103.101 101.382

0.096 0.075 1.641 0.123 2.200 0.181 1.225 2.298 0.138 0.337

2.500 3.590 4.128 3.945 4.126 3.097 4.478 4.297 2.886 2.343

Sprint Cap (S.Gm) Penney J C (Jcp.Gn) Manitowoc (Mtw.Gd) Terex New (Tex.Gg) Deluxe (Dlx.Gl) Sprint Nextel (S.Hm) Sprint Nextel (S3875318) Momentive Performance Matls (Mpm) Hca (Hca) Sprint Cap (S.Gj)
CONVERTIBLES

6.900 7.950 9.500 8.000 7.000 6.000 9.125 9.000 5.875 6.875

May 19 Apr 17 Feb 18 Nov 17 Mar 19 Dec 16 Mar 17 Jan 21 May 23 Nov 28

B3 Ba3 B3 Caa1 Ba2 B3 B3 Caa1 B3 B3

B+ Bb

B+ B+ B+ B+

109.000 105.000 112.000 104.550 110.040 108.750 117.750 68.000 102.250 105.350

107.125 98.625 111.875 100.535 106.000 106.943 117.250 66.250 101.875 101.033

107.750 101.812 112.000 104.375 106.062 107.500 117.250 66.750 102.000 102.875

1.625 2.938 0.125 0.175 1.438 1.250 0.688 0.000 0.250 0.500

5.460 7.454 3.361 6.053 5.409 3.974 4.645 16.562 5.619 6.582

.2096 .1437 .4889 .9987 .0021 .0006 .0251 .1144 .1277 .0506 .0758 .0417 .0002 .3831 .0512 .2331

4.7720 6.9600 2.0455 1.0013 478.55 1814.6 39.7700 8.7425 7.8330 19.7800 13.1875 23.9588 4450.0 2.6100 19.5500 4.2893

One Dollar in Euros


0.90 euros 0.85 0.80 0.75 0.70 11 2012
Norway (Krone) Poland (Zloty) Russia (Ruble) Sweden (Krona) Switzerland (Franc) Turkey (Lira) .1741 5.7441 .3058 3.2700 .0317 31.5700 .1484 6.7383 1.0541 .9487 .5589 1.7892

$1 = 0.7867

1.0383 .1601 .1290 .0183 .0126 .3267 .8146 .0104 .0244 .8173 .0009 .0345 .0327 .0000

.9631 6.2450 7.7505 54.5800 79.4600 3.0610 1.2276 95.9000 41.0000 1.2235 1087.5 29.0120 30.6100 20815

One Dollar in Yen


84 yen 82 80 78 76 74 11 2012
Lebanon (Pound) Saudi Arabia (Riyal) So. Africa (Rand) U.A.E (Dirham) .0007 .2667 .1148 .2723 1501.0 3.7500 8.7084 3.6728

$1 = 79.50

1.5895 .6291 .0501 19.9590 .1704 5.8671 1.2709 .7868 .0045 222.94

MIDDLE EAST/AFRICA Bahrain (Dinar) 2.6529 .3769 Egypt (Pound) .1636 6.1125 Iran (Rial) .0001 12250 Israel (Shekel) .2557 3.9111 Jordan (Dinar) 1.4154 .7065 Kenya (Shilling) .0117 85.2500 Kuwait (Dinar) 3.5539 .2814

Prices as of 4:45 p.m. Eastern Time. Source: Thomson Reuters

Medicis Pharmaceutical (Mrx) Gilead Sciences (Gild.Gm) Medtronic (Mdt.Gk) Novellus Sys (Lrcx) Moly Del (Mcp) Advanced Micro Devices (Amd.Gg) Electronic Arts (Erts) United Sts Stl New (X.Gh) Endo Health Solutions (Endp.Gb) General Cable Del New (Bgc.Gc)

1.375 1.000 1.625 2.625 6.000 6.000 0.750 4.000 1.750 0.875

Jun 17 May 14 Apr 13 May 41 Sep 17 May 15 Jul 16 May 14 Apr 15 Nov 13

N.A. N.A. A1 N.A. N.A. N.A. N.A. B1 N.A. B1

N.A. B Bb N.A.

107.071 149.542 100.470 127.000 104.031 94.899 91.625 103.600 109.821 99.125

105.531 148.022 100.125 125.665 84.500 92.000 91.500 102.849 109.536 98.625

107.071 148.022 100.125 125.896 84.500 94.899 91.625 103.485 109.750 98.625

0.751 0.571 0.375 0.747 13.000 0.199 0.000 0.810 0.375 0.562

0.174 24.345 1.322 1.504 10.158 N.A. 3.188 1.638 2.158 2.273

FUTURES
Future Corn Soybeans Wheat Live Cattle Hogs-Lean Cocoa Coffee Sugar-World Gold Silver Hi Grade Copper Light Sweet Crude Heating Oil Natural Gas Monetary units per Exchange quantity CBT CBT CBT CME CME NYBOT NYBOT NYBOT COMX COMX COMX NYMX NYMX NYMX /bushel /bushel /bushel /lb /lb $/ton /lb /lb $/oz /oz /lb $/bbl $/gal $/mil.btu Lifetime High Low 846.25 1781.50 977.50 135.55 86.00 3334.00 288.25 25.39 509.00 1092.75 629.50 121.90 70.05 2057.00 149.80 14.70 Date Mar Jan Dec Dec Dec Mar Mar Feb Dec Dec Dec Nov Nov Dec Open High Low Settle Change 1.25 44.50 16.00 + 0.33 + 0.55 + 19.00 1.30 + 0.22 + 4.90 + 35.90 2.40 + 0.98 + 0.05 0.10 Open Interest 432,499 268,171 174,255 109,664 69,769 79,355 62,351 362,273 262,238 65,301 66,840 269,814 85,759 267,928

Crude Oil
$120 110 100 90 80 70 11 2012 $86.07 a barrel

CONSUMER RATES

Yesterdays rate 1-year range

Change from last week Up Flat Down

ECONOMIC INDICATORS

13 743.25 757.00 735.50 742.00 13 1494.50 1499.00 1450.00 1451.25 12 898.75 916.50 884.00 886.50 12 125.50 126.13 125.28 125.75 12 80.13 80.95 79.90 80.75 13 2345.00 2370.00 2322.00 2359.00 13 157.35 157.70 155.00 155.55 13 18.94 19.28 18.66 19.06 12 1731.50 1739.40 1726.90 1730.90 12 3232.00 3278.50 3206.50 3259.90 12 346.60 349.20 340.30 344.55 12 85.00 86.77 84.13 86.07 12 2.96 3.02 2.94 3.01 12 3.72 3.74 3.62 3.63

Home Mortgages
Federal funds Prime rate 15-yr fixed 15-yr fixed jumbo 30-yr fixed 30-yr fixed jumbo 5/1 adj. rate 5/1 adj. rate jumbo 1-year adj. rate

Year Yesterday Ago


0.25% 3.25 2.83 3.40 3.41 4.07 2.96 2.93 4.76 0.25% 3.25 3.40 4.05 4.09 4.75 3.01 3.13 2.75

1934.60 766.00 4951.00 347.50 448.65 308.85 143.13 59.00 3.35 2.30 11.40 3.06

0%

8 5-YEAR HISTORY

Construction Spending
Change from previous year

+10%

Key to exchanges: CBT-Chicago Board of Trade. CME-Chicago Mercantile Exchange. CMX-Comex division of NYM. KC-Kansas City Board of Trade. NYBOT-New York Board of Trade. NYM-New York Mercantile Exchange. Open interest is the number of contracts outstanding. Source: Thomson Reuters

Sept. 12 Aug. 12

+7.8% +6.5

MUTUAL FUNDS SPOTLIGHT: INTERNATIONAL BONDS


20

07

12
Fund Name (TICKER) Type

% Total Returns YTD 1 Yr

Exp. Assets (mil.$) Fund Name (TICKER) Type

% Total Returns YTD 1 Yr

Exp. Assets (mil.$)

5 Yr* Ratio

5 Yr* Ratio

Personal Savings Rate


Percent of disposable income 0% 1 2 3 4 5 6 7 8

+10%

LARGEST FUNDS Templeton Global Bond Adv (TGBAX) American Funds Capital World Bond A (CWBFX) Fidelity New Markets Income (FNMIX) DFA Five-Year Global Fixed-Income I (DFGBX) Oppenheimer International Bond A (OIBAX) T. Rowe Price International Bond (RPIBX) DFA Two-Year Global Fixed-Income I (DFGFX) TCW Emerging Markets Income I (TGEIX) PIMCO Foreign Bond (Unhedged) I (PFUIX) T. Rowe Price Emerging Markets Bond (PREMX) Loomis Sayles Global Bond Instl (LSGBX) AllianceBern Global Bond A (ANAGX) MFS Emerging Markets Debt A (MEDAX) Wells Fargo Advantage Intl Bond Instl (ESICX) Fidelity Advisor Emerging Markets Inc I (FMKIX) SEI Instl Intl Tr Emerging Markets Dbt A (SITEX) PIMCO Global Bond (Unhedged) Instl (PIGLX) Laudus Mondrian Intl Fixed Income (LIFNX) American Century International Bd Inv (BEGBX) Waddell & Reed Global Bond A (UNHHX) Dreyfus International Bond A (DIBAX) Fidelity Series Emerging Markets Debt (FEDCX) Payden Emerging Markets Bond (PYEMX) Average performance for all such funds Number of funds for period IB IB EB IB IB IB IB EB IB EB IB IB EB IB EB EB IB IB IB IB IB EB EB +12.8 +7.0 +17.1 +4.7 +9.0 +5.7 +1.0 +18.3 +8.0 +16.9 +7.6 +6.4 +16.3 +5.3 +17.0 +14.0 +8.3 +4.3 +3.7 +5.8 +7.5 +15.1 +16.4 +9.7 78 +10.7 +6.1 +17.5 +3.8 +8.1 +4.0 +0.8 +17.1 +7.7 +16.2 +6.6 +6.8 +15.7 +3.8 +17.4 +12.9 +8.4 +2.3 +2.4 +5.6 +6.4 +15.2 +15.8 +8.8 78 +9.3 +5.1 +10.8 +4.7 +5.5 +4.4 +2.1 +13.1 +8.8 +8.8 +6.1 +6.2 +9.8 +6.8 +10.8 +9.2 +8.4 +6.3 +3.4 +4.6 +8.9 NA +10.0 +6.8 71 0.64 0.89 0.86 0.28 1.00 0.85 0.18 0.84 0.50 0.95 0.70 0.90 1.11 0.70 0.90 1.37 0.55 0.71 0.81 1.22 1.02 0.86 0.78 29,749 8,325 6,750 6,338 5,850 4,992 4,674 4,201 4,023 3,867 1,634 1,586 1,405 1,271 1,248 1,188 964 876 850 797 682 664 573

LEADERS JPMorgan Emerging Markets Debt Sel (JEMDX) Fidelity New Markets Income (FNMIX) Fidelity Advisor Emerging Markets Inc I (FMKIX) TCW Emerging Markets Income I (TGEIX) Columbia Emerging Markets Bond I (RSMIX) Federated Emerging Market Debt A (IHIAX) T. Rowe Price Emerging Markets Bond (PREMX) Payden Emerging Markets Bond (PYEMX) MFS Emerging Markets Debt A (MEDAX) MainStay Global High Income A (MGHAX) T. Rowe Price Instl Emerging Mkts Bond (TREBX) Fidelity Series Emerging Markets Debt F (FEDFX) LAGGARDS DFA Two-Year Global Fixed-Income I (DFGFX) SA Global Fixed Income (SAXIX) American Century International Bd A (AIBDX) Laudus Mondrian Intl Fixed Income (LIFNX) BlackRock Intl Bond Instl (CINSX) PACE International Fixed Income A (PWFAX) Wells Fargo Advantage Intl Bond A (ESIYX) T. Rowe Price International Bond Adv (PAIBX) DFA Five-Year Global Fixed-Income I (DFGBX) T. Rowe Price Instl Intl Bond (RPIIX) American Funds Capital World Bond B (WBFBX) Payden Global LowDurationFund (PYGSX) EB EB EB EB EB EB EB EB EB EB EB EB IB IB IB IB IB IB IB IB IB IB IB IB +17.9 +17.1 +17.0 +18.3 +17.9 +16.3 +16.9 +16.4 +16.3 +16.4 +16.5 +15.2 +1.0 +2.7 +3.5 +4.3 +4.2 +5.1 +5.1 +5.5 +4.7 +6.8 +6.3 +5.6 +17.6 +17.5 +17.4 +17.1 +16.9 +16.3 +16.2 +15.8 +15.7 +15.7 +15.6 +15.3 +0.8 +1.8 +2.2 +2.3 +3.2 +3.2 +3.5 +3.8 +3.8 +4.8 +5.4 +5.5 +7.5 +10.8 +10.8 +13.1 +10.8 +10.0 +8.8 +10.0 +9.8 +9.4 +9.0 NA +2.1 +3.0 +3.2 +6.3 +4.0 +4.4 +6.5 +4.1 +4.7 +4.4 +4.3 +3.2 1.00 0.86 0.90 0.84 0.68 1.23 0.95 0.78 1.11 1.19 0.70 0.74 0.18 0.82 1.06 0.71 0.89 1.21 1.03 1.16 0.28 0.55 1.65 0.70 197 6,750 1,248 4,201 163 161 3,867 573 1,405 178 245 464 4,674 568 99 876 139 84 139 303 6,338 164 138 67

Home Equity
$75K line good credit* $75K line excel. credit* $75K loan good credit* $75K loan excel. credit* 4.19% 4.19 5.36 5.30 4.35% 4.28 5.70 5.53

Sept. 12 Aug. 12

+3.3% +3.7

07

12
60

Manufacturing Index
ISM; over 50 indicates expansion; seasonally adjusted

Auto Loan Rates


36-mo. used car 60-mo. new car 3.56% 2.89 4.53% 4.36

0%

Oct. 12 Sept. 12

51.7 51.5

30

07

12
20

Balance of Trade
In billions of dollars Seasonally adjusted 0% 1 2 3 4 5 6 7 8

CDs and Money Market Rates


Money-market $10K min. money-mkt 6-month CD 1-year CD 2-year CD 5-year IRA CD 0.49% 0.51 0.47 0.73 0.86 1.34 0.53% 0.62 0.48 0.74 0.83 1.66

Sept. 12 41.5 Aug. 12 43.8

70

07

12
14

Housing Supply
In months

*Annualized. Leaders and Laggards are among funds with at least $50 million in assets, and include no more than one class of any fund. Todays fund types: EBEmerging Market Bond. IB-World Bond. NA-Not Available. YTD-Year to date. Spotlight tables rotate on a 2-week basis. Source: Morningstar

Sept. 12 Aug. 12
Source: Bankrate.com

5.9 6.0

07

12

ONLINE: MORE PRICES AND ANALYSIS

*Credit ratings: good, FICO score 660-749; excellent, FICO score 750-850.

Source: Bloomberg

Information on all United States stocks, plus bonds, mutual funds, commodities and foreign stocks along with analysis of industry sectors and stock indexes: nytimes.com/markets

C1

SATURDAY, NOVEMBER 10, 2012

Icarus Haunts A Verdi Work Cloaked in Noir


SARA KRULWICH/THE NEW YORK TIMES

The usual reason for a director to update the setting of a serious opera is to bring out the grim, contemporary darkness of the story. The most interesting aspect of David Aldens disappointing, metMUSIC aphor-laden new producREVIEW tion of Verdis Ballo in Maschera, at the Metropolitan Opera, which opened on Thursday night, is that

ANTHONY TOMMASINI

he uses an early-20th-century setting and film noir imagery to emphasize not just the works darkness but also its strangeness. For Verdi Un Ballo in Maschera (A Masked Ball), which had its premiere in Rome in 1859, was a bold experiment in the mixing of styles. Elements of the intensely emotional Italian opera idiom of the mid-19th century are juxtaposed with strands of lighter, wryly comic

Un Ballo in Maschera A winged (and

goateed) Kathleen Kim and Dmitri Hvorostovsky, center, in this Verdi work at the Metropolitan Opera.

scenes common in French grand opera of the period. Verdi does not really reconcile these contrasting styles. Instead, more interestingly, he just allows them to coexist.

Mr. Alden embraces these stylistic contrasts. He brings a slightly surreal quality to the operas lighter elements, epitomized by the character of Oscar, the irreverent court page. At the same time, he draws out the ambiguities and fickleness of the operas conflicted hero, Gustavo III, the king of Sweden, a willful and restless monarch bored with official duties, recklessly pursuing an affair with Amelia, the wife of his stead-

fast adviser and friend. Aided by the lithe, crisp conducting of Fabio Luisi, Mr. Alden makes the shifts seem deliberate choices of the supremely confident dramatist Verdi. This production is best when subtle and character-driven, and Mr. Alden draws compelling performances from a strong cast, headed by the tenor Marcelo lvarez, as Gustavo, and the soprano Continued on Page 7

To Warm A Heart, First Break It


Someones dead, and someone else might have a serious illness. Somebodys been fired or is about to be, but another somebody is working way too hard. And a weird type of weather has left snow on the ground but seems to be accompanied by cold temperatures only intermittently. Yes, its holiday movie CRITICS NOTEBOOK season on television again. Made-for-TV movies with Christmas, Thanksgiving or some equivalent in the title seem to turn up earlier every year. The Hallmark Channel showed a couple last weekend (Christmas Song and Love at the Thanksgiving Day Parade), which, thanks to the delayed Halloween caused by Hurricane Sandy, was actually before trick-or-treaters had hit the streets in some places. That network is back with two more this weekend, an original movie called The Wishing Tree, on Saturday, and a recycled CBS one, The Christmas Secret, on Sunday. Hallmark is promoting its avalanche of original films as The 12 New Movies of Christmas. Lifetime joins the premature party as well, serving up The Christmas Consultant on Saturday to begin the Its a Wonderful Lifetime Movie Marathon, which will offer 10 original movies by the time the season of good cheer and excess is over. Note to networks still looking for a revered holiday title that can be bastardized into a Continued on Page 5

Michael, one of the three playable characters in the coming Grand Theft Auto V, by Rockstar Games.

Returning To the Scene Of a Memoir


By LAURA TILLMAN

NEIL GENZLINGER

ROCKSTAR GAMES

A WORD WITH: DAN HOUSER

Americana at Its Most Felonious


By CHRIS SUELLENTROP

The Grand Theft Auto series of video games is a rare cultural phenomenon: incredibly popular (the last version sold more than 25 million copies globally), widely condemned (by politicians like Hillary Rodham Clinton and Joseph I. Lieberman) and adored by the highbrow. (Junot Daz is a huge fan.) Yet its creators at Rockstar Games have been able to shroud themselves in relative mys-

tery for more than a decade, even after a Federal Trade Commission investigation in 2005, when copies of Grand Theft Auto: San Andreas were yanked from store shelves after a fan unlocked some sexual content that had been hidden in the games code. With Grand Theft Auto V, the first major title in the series in five years, coming out next spring, Rockstar seems more eager than it has been in the past to talk about itself and the maturation of its work. Rather than

being inspired solely by gangster films and TV shows like Miami Vice, the Grand Theft Auto games now try to capture, albeit in heightened form, aspects of contemporary life. The new game, set in a fictionalized Los Angeles called Los Santos, tackles the aftermath of the credit crunch and the housing crisis for three criminals, each of whom is playable. (Previously, the games foContinued on Page 7

BROWNSVILLE, Tex. It was the first time Domingo Martinez had returned here in nearly 10 years, and it seemed as if nothing and everything had changed. His street, once rutted caliche, was now potholed pavement. Favorite stores had shuttered, but new mom-and-pops still sold tamales and tacos, and the 18-foot border fence between the United States and Mexico slashed rust brown through farmland panoramas. Mostly, Mr. Martinez marveled at how the decade had worn on his grandmother Virginia Campos Rubio, softening that gun-slinging lioness into a slow-moving 85-year-old with a gentle smile. Ms. Rubio is one of the central characters in Mr. Martinezs book, The Boy Kings of Texas: A Memoir, which is a finalist for the 2012 National Book Award in nonfiction. In the book Mr. Martinez describes how an abusive, starvation-plagued childhood filled Ms. Rubio with rage, making her both loved and feared in the barrio where he grew up. She still keeps a pistol on her bed, alongside a copy of the Bible, a doll and a bag of cheese puffs. At 40, Mr. Martinez has spent most of his adult life both running away from that Brownsville neighborhood and revisiting it through his prose. Hes decidedly the underdog in the National Book Award contest. Hes the only finalist in the nonfiction category who has not won a Pulitzer Prize, the only first-time author, and the only nominee to have never been on the Continued on Page 5

Gee, Conan, That Joke Seems Familiar


Its been a few years since Conan OBrien left The Tonight Show, and he still hasnt moved on. In a video bit shot for Halloween on his TBS show, Conan, which just turned two, he referred to a costume stores big-chinned Devil mask as Jay Leno. Minutes CRITICS NOTEBOOK later, a conversation with Chelsea Handler turned awkward when he mentioned that she now uses his Tonight Show theater. We put a lot of work into that, he said, before putting on a shellshocked

JASON ZINOMAN

face. That episode was no exception. On Tuesday Mr. OBrien responded defensively to a self-deprecating comment by Brian Austin Green about working on cable. Hey, dont knock cable, Mr. OBrien said. Im on cable now, too. The next day Mindy Kaling, talking about her Fox show, The Mindy Project, said that when you put your name in the title, you were harder to replace. Thats why I did it, Mr. OBrien said, pausing so that everyone got the implication. What an unpleasant little cul-de-sac we just wandered

The actor Brian Austin Green with Conan OBrien, who jokingly defended having a show on cable.
into. Isnt it time to leave this dead end? While some grudges can be leveraged into explosive comedy, this one risks turning Mr. OBrien into a darkly obsessed figure out of The Larry Sanders Show. Certainly he went through a public ordeal in early 2010, when, only seven Continued on Page 2

MEGHAN SINCLAIR/CONACO FOR TBS

C2

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

Gee, Conan, That Joke Sure Seems Familiar


From First Arts Page months after replacing Mr. Leno on The Tonight Show, he was told by NBC that it would reinstall Mr. Leno in the 11:35 time slot and push Mr. Conans Tonight Show to 12:05. Mr. OBrien wouldnt go along with the plan and left, though with a hefty severance (reportedly $32 million) in hand. But lets face it: jokes about Mr. Leno are even more tired than Mr. Lenos jokes. And when Mr. Leno and David Letterman appeared on the shows of Craig Ferguson and Jimmy Kimmel last week, the late-night wars settled into a tense peace. Mr. OBriens fixation on what he lost also reveals something about what he gained. His brand of heady silliness was long suspected as being too quirky and rarefied for mainstream tastes. That common wisdom helped fuel the outpouring of support for Mr. OBrien after NBC abruptly pulled its support. But when he moved to TBS, he was liberated from the pressure of network television. He didnt need to worry about living up to a legacy or beating Late Show With David Letterman in the ratings. So its been disappointing that Mr. OBrien has produced a fairly conventional talk show, albeit with less famous guests. (Brian Austin Green?) Thats not to say that it isnt funny. Any video with Triumph the Insult Comic Dog is a pleasure. In the sidekick role, Andy Richter has deadpan poise and precise repartee that provide a steady anchor to Mr. OBriens Ping-Pong-fast wit. And no talk show on television books better comics. At its best, as in an election sketch that included a voting machine come alive and a table of chattering pundits that rolled onand offstage, the show achieves a deliriously silly momentum. His monologue, however, remains standard fare, mostly banal topical jokes delivered in between familiar manic tics, like his string-pulling dance or his overreactions to ordinary audience responses. Whereas Mr. Lettermans refusal to pander can come off as fascinatingly grumpy, Mr. OBriens hectic need to please can wear on you. That same jittery energy shows

Arts, Briefly
Compiled by Dave Itzkoff

ERIC THAYER/REUTERS

Philip Roth Says No More Books


MEGHAN SINCLAIR/CONACO FOR TBS

Sarah Silverman was a recent guest on Conan OBriens TBS show, which favors the traditional.
ONLINE: CONAN

Links to excerpts from the show:


nytimes.com/television

Do not forget the Neediest!

up in his interviews, where he often doesnt seem to trust the conversation and interrupts with a gibe or by mugging. He himself seemed to acknowledge as much in a blandly sober, Charlie Rosestyle interview show he started online this year, Serious Jibber Jabber. In the only episode so far, he told the historian Edmund Morris that the seven minutes they talked on his show was insufficient. Mr. Morris responded that Conan dominated the discussion so much that he had only one minute to talk. What makes the modest ambition of Conan so strange is that Mr. OBrien has one of the most inventive comic minds of his generation. Not only did he write one of the best Simpsons episodes ever (Marge vs. the Monorail), but the early years of his NBC show, Late Night, are vastly underrated. Critics focused on his greenness, not the exciting flurry of ideas packed into each show. With a writing staff that included Louis C. K., Bob Odenkirk and Robert Smigel, those raw shows played nothing straight. A pre-

mium was put on the unexpected, whether it was Tom Brokaws crushing saltines in his hands for a bit in which New Yorkers warned Mr. OBrien that he had better be good, or a waiters interrupting an interview with Kevin Nealon for a wine tasting. Sketches were frequently integrated in a way that tried to reinvent celebrity chat. It was consistently, wonderfully odd. It also had a cheerfully irreverent style that served as the bridge between Mr. Lettermans more hard-edge sarcasm and the more radical deconstructions of talk shows today. Mr. OBrien also showed off a gentler side, ending one week with an appealingly sentimental campfire song with all his guests. It wasnt that funny, but so what? It was different in a way that felt heartfelt and honest. By contrast, on Conan rarely is there a joke you could never imagine on another show. For late-night experimentation, Mr. Fergusons freewheeling monologues are far more daring. Of course, over the last two decades Mr. OBrien, who turns 50 next year, has matured. But whats become clear from his new show is the extent to which he is a traditionalist at heart. Mr. OBriens precocious career had been spent almost en-

tirely in prestigious comedy institutions, like The Harvard Lampoon, Saturday Night Live and The Simpsons. When his upwardly mobile trajectory stopped at The Tonight Show, Mr. OBrien said he wouldnt move it to midnight because that would damage the franchise and legacy

Philip Roth has hinted about retirement before, but he recently said definitively that he is done writing books. Mr. Roth, 79, above, the author of 26 novels and a perennial contender for the Nobel Prize in Literature, made the statement in an interview with the French magazine Les inRocks, Salon reported. A spokeswoman for Houghton Mifflin Harcourt, Mr. Roths publisher, confirmed the account. I decided that I was done with fiction, Mr. Roth told the magazine, according to a translation by The New York Times. I dont want to read any more of it, write any more of it, and I dont even want to talk about it anymore. I have dedicated my life to the novel: I have studied it, I have taught it, I have written it and I have read it. To the exclusion of almost everything else. Its enough. Mr. Roth will now have more time to clear up interpretations about his work (as he did this year in an open letter to Wikipedia) and to cooperate with his recently named biographer, Blake Bailey. JOHN WILLIAMS

A late-night show has Sandy Benefit Concert At the Garden grown old at only 2.
of the show. Such deference to tradition seems out of step in an era of viral videos and podcasts. Or maybe its always been at odds with the rambunctious essence of comedy. In The War for Late Night, a book by Bill Carter of The New York Times, Jerry Seinfeld appears baffled by Mr. OBriens rationale. There is no tradition! he says. Conan has been on television for 16 years. At that point, you should get it: there are no shows! Its all made up! In his last Tonight Show, Mr. OBrien told young people to avoid cynicism, saying it doesnt lead anywhere. Perhaps. But navet can be just as paralyzing. A benefit concert for victims of Hurricane Sandy is being organized by the three entertainment executives who produced the Concert for New York City after the Sept. 11 terrorist attacks. The lineup for the concert, to be held at Madison Square Garden on Dec. 12, has yet to be announced, though the promoters are promising that some of the biggest stars in rock and pop music will take part. Proceeds will be dispensed to people directly affected by the storm through the Robin Hood Relief Fund, the promoters said. The concert, called 12-12-12, is being produced by James Dolan, the executive chairman of the Madison Square Garden Company; John Sykes, the president of Clear Channel Entertainment Enterprises; and Harvey Weinstein, chairman of the Weinstein Company.
JAMES C. McKINLEY Jr.

world premiere of The Vandal, in January. Described as a play about death and vandalism in Kingston, N.Y., The Vandal is by the actor Hamish Linklater, best known for his stage turns in Seminar and The School for Lies as well as his television role in The New Adventures of Old Christine. Jim Simpson, the Fleas founder and artistic director, will direct the play, which is to begin previews Jan. 18 for a Jan. 31 opening. Ms. Hunters costars will include Zach Grenier and Noah Robbins. The Flea, which has two stages, also announced that it will present the New York premiere of Amy Freeds Restoration Comedy, directed by Ed Sylvanus Iskandar and starring The Bats, the theaters resident acting company. Previews begin Nov. 25, with a Dec. 10 opening night. And after a sold-out run and extension and a Sandy-enforced break Thomas Bradshaws Job will return from FELICIA R. LEE Jan. 4 to 28.

City Opera in a Push To Save Archives


New York City Operas music library was totally ruined by flooding from Hurricane Sandy, but the companys archival material, going back 60 years, can be salvaged, a spokeswoman said on Friday. Water filled the basement of the Lower Manhattan building where the company rents offices and storage space last week. Workers had removed about half of the material consisting of recorded matter, programs, photographs and other items to higher floors before the storm hit, said the spokeswoman, Risa B. Heller. George Steel, the companys general manager and artistic director, worked hard to save the material, she said, even operating the freight elevator himself. Half of our stuff was in that water, she said. The minute we learned of that, George contacted conservation experts. Mr. Steel did not respond to a message left with the spokeswoman on Friday. The materials in the basement would be treated and restored by Rapid Refile, a document recovery firm in Allentown, Pa., Ms. Heller said. Were working with various libraries to find a permanent home for those materials, she said. Ms. Heller said the companys library of orchestra parts for an undetermined number of operas could be replaced at a reasonable price, although years of bowings and other markings was a greater loss. The historic value of our old materials cannot be usefully calculated, but it is a very sad loss, she said. Other nonarchival material like payroll records and administrative files were also destroyed, she said. City Operas administration took up residence at the building, 75 Broad Street, after the company moved out of its Lincoln Center home, the David H. Koch Theater, last season.
DANIEL J. WAKIN

Mark Wahlberg Signs On For Transformers 4


He has played a porn star who turns into a drug addict; a washed-up boxer who turns into a championship boxer; and, in his real life, a rapper and dancer who turns into an underwear model, actor and producer. So why shouldnt Mark Wahlberg, below, appear in a movie opposite alien robots who turn into vehicles and household appliances? Michael Bay, the director of the Transformers film series, said that Mr. Wahlberg, whose films include Boogie Nights, The Fighter and this summers hit comedy Ted, would star in Transformers 4, the latest summer blockbuster based on that Hasbro toy franchise. Mr. Bay, who also directed Mr. Wahlberg in a coming action comedy called Pain and Gain, declared in a statement on his Web site that the actor was awesome. We had a blast working on Pain and Gain, Mr. Bay said in the statement, and Im so fired up to be back working with him. An actor of his caliber is the perfect guy to reinvigorate the franchise and carry on the Transformers legacy. The first three Transformers movies, which sold more than $2.6 billion in tickets worldwide, starred Shia LaBeouf as the young hero Sam Witwicky. Paramount plans to release Transformers 4 on June 27, 2014.

Mark ODonnell Memorial


A memorial service for Mark ODonnell, the Tony Award-winning librettist of the Broadway musical Hairspray, will be held on Monday at 3 p.m. at the Samuel J. Friedman Theater on West 47th Street in Manhattan. Among the friends and family members who will take part in the service for Mr. ODonnell, who died in August, are his brother Steve ODonnell, an Emmy Award-winning comedy writer; David Hyde Pierce; Patricia Marx; the Hairspray director Jack OBrien and producer Margo Lion; and the Hairspray composers Marc Shaiman and Scott Wittman, who will perform with Kerry Butler and other members of the shows cast. The service, which is open to the public, will also include filmed tributes from John Waters and Jon Stewart.

Holly Hunter to Star In Off Broadway Play


The lights are definitely back on at the Flea Theater in TriBeCa, which like many downtown theaters struggled in the aftermath of Hurricane Sandy. The Flea announced on Friday that Holly Hunter, above, an Oscar winner for The Piano, would star in the

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

C3

Beyond Gangnam, the True Wild Heart of K-Pop


NEWARK What you have to understand is that Gangnam Style, the goofy crossover hit that has given K-pop a global profile it has even reached No. 2 on the Billboard Hot 100 is still something of an outlier, a lightly ironic sendup of MUSIC the genres eccenREVIEW tricities. But its very hard to parody something that gets more outrageous by the day. If anything, the center of K-pop is far stranger. Take Crayon, by G-Dragon, an electro-rave-meetsSouthern-hip-hop thumper with a video that makes the excesses of, say, Missy Elliott and Nicki Minaj in that medium look like tiny incremental gains. It is kaleidoscopically weird, hilariously comic and sinisterly effective. G-Dragon is a member of BigBang, the long-running K-pop boy band, which played its first show in the New York area at the Prudential Center here on Thursday night. He performed Crayon early in the night, wearing a jacket with the head of a white tiger attached to the back, a pair of black Air Yeezy 2s and bleached blond hair standing straight up like sheaves of pesticide-soaked wheat. And that wasnt even the most energized part of this vibrant show, in which BigBang G-Dragon, T.O.P., Seungri, Taeyang and Daesung performed more than two dozen songs wearing almost as many outfits, and in unusual setups: before How Gee, which could pass for an early Teddy Riley production, members of the group took to the stage on gilded Segways and lowrider bicycles. Over the years G-Dragon has emerged as the flamboyant center of the group. He has a soft voice but a shrieking exterior. Hes balanced out by T.O.P., who raps nimbly in a basso profundo voice and has a regal bearing, even walking around the stage wielding a scepter. Taeyang is the groups battery, a compact dancer and singer with a tender voice. Daesung has a totally credible R&B voice during a solo song, dancers affixed wings to his back, and he soared over the crowd on a wire and the baby-faced Seungri plays the straight man. At one point Seungri called G-Dragon a genius and told him, I love you. It can be a challenge

JON CARAMANICA

STEPHANIE BERGER

Rian , from Fabulous Beast Dance Theater, at the Gerald W. Lynch

Theater, is in Lincoln Centers White Light Festival. Foreground, from left, Peter O Toole, Louise Tanoto, Saku Koistinen and Liam O Maonlai.

Sweat Pants Work Just Fine


On Thursday evening, moments before the curtain rose on the opening of Rian, a work by the Irish company Fabulous Beast Dance Theater, Michael Keegan-Dolan stepped onstage at the Gerald W. Lynch Theater to tell a story. He is the shows director and DANCE choreographer; the REVIEW tale, as he pointed out, was a sad one. Two months ago a ship with the sets, costumes and props for Rian left Sweden for New York City. Alas, there was a storm; the ship was diverted to Philadelphia, where it remains. For the engaging Mr. KeeganDolan, the predicament made him reflect on a word that performers used in the creation of Rian: confidence. That self-assured sensation that rises from within, based on the ability to be flexible and adaptable, he said. In a spirit of confidence, he introduced the version of Rian that will be seen nowhere else in the world. It was a lighthearted moment in an otherwise confusing, ponderous evening, which was full of false endings and choreography that was both frustratingly repetitive and limited in scope. In the end it wasnt the dancing, but the evenings assortment of traditional Irish music, led by the charismatic Liam O MaonlaI, that gave Rian, part of the White Light Festival, its spine. In Rian, which means to trace or to etch, a steady stream of songs, both lilting and sedate, gives the work a mystical, spiritual edge. The musicians, seated on a platform at the back of the stage, also mix with the dancers, which creates an intimacy; likewise, the dancers, wearing sweat pants and T-shirts, possess an innocence that costumes might have erased. Yet this fusion of traditional music and contemporary dance has a stale feel, mainly because of its swirling movement, which loops over and over again, but never transports. As the dancers shift from side to side, they reach their arms in opposition to lunging legs and either remain fixed in one spot bouncing in place or weaving among one another. Within the choreography, which is most likely more invigorating to perform than to watch, there is a palpable sense of counterbalance, but not much in the way of dynamics, even when the dancers burst into the air in quick, two-footed jumps, as their hands open up like star bursts. The structure is also on a loop: often, one dancer starts a phrase, and others join in, until unison is established. Despite their carefree, relaxed attitude, the dancers dont get inside the music, but replicate its sound. Throughout Rian, the leader of the pack is Mr. O Maonlai, a founder of the band Hothouse Flowers, who performs a number of instruments and also sings. The dancing never catches up to his stirring voice, and after a while the movement differs little from the warm-up exercises in a modern-dance class. The feet plant into the floor. The body twists. The joints remain fluid. And all the confidence in the world cant substitute for choreographic craft.

CHAD BATKA FOR THE NEW YORK TIMES

GIA KOURLAS

BigBang This South Korean boy band performing at the Prudential Center in Newark on Thursday night.
to dig up subtext in K-pop, which gleams with outlandish visuals and candy-coated sentiments, but maybe this was penance of a sort for the recent romance scandals that have dogged Seungri in Asian tabloids. K-pop can be so heavily referential as to be post-referential. The band wove an interpolation of the signature guitar crunch of Nirvanas Smells Like Teen Spirit into a song. Multiple members of the group beatbox, a technique thats hardly, if ever, used in mainstream American hip-hop, its birthplace, but is a routine part of the K-pop star arsenal. Late in the night Taeyang, heavily tattooed, with long braids and a bandanna worn just so, tore his tank top in two, Usherstyle, and did a back flip, which is probably beyond Ushers skill set. (Throughout, BigBang was backed by a cadre of dancers, the men emphasizing break dancing.) BigBangs more recent material is bubblier and more frenetic, like Fantastic Baby (the chorus of which, to be fair, does bear a passing resemblance to the buzzing beat of Gangnam Style), but toward the end of the show, the group devoted time to more blatantly romantic fare like Monster and Cafe. This show was the first of two nights at the arena, part of a short but loud American tour for an act that, while it has a big following in this country, has not yet achieved American pop success. At the end of the night, during a long encore, Taeyang kept singing the hook from Alicia Keys and Jay-Zs Empire State of Mind, as if he could single-handedly change that.

Rian continues through Saturday at the Gerald W. Lynch Theater at John Jay College, 524 West 59th Street, Clinton; (212) 7216500, lincolncenter.org.

C4

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

The Guys in This Group Know How to Honeymoon


Here are two things you dont see very often: an hourlong television comedy and a scripted sitcom on Saturday night that is worth watching. Wedding Band, which makes its debut on Saturday on TBS, TELEVISION is both, at least if we can presume REVIEW that the Saturday night television audience isnt expecting intellectual rigor and doesnt mind ribald content. If nothing else, tune in to this show and youll end up hoping that the group of the title plays the next wedding you are dragged to, especially if its your own. The series chronicles the ex-

NEIL GENZLINGER

ploits of Mother of the Bride, a hard-rocking wedding band in Seattle with a tendency toward misbehavior but also a keen understanding of its place in the universe. In the pilot the three longstanding band members Tommy (Brian Austin Green), Eddie (Peter Cambor) and Barry (Derek Miller) are breaking in a new guy, Stevie (Harold Perrineau), which gives them a chance to explain some of the finer points of wedding band-ness. Its the bands job, they tell him, to identify the most pitifullooking nerd in the crowd and make sure he has the time of his life by inviting him up to help with the vocals on some song. Its also the bands job to make sure

Wedding Band
TBS, Saturday nights at 10, Eastern and Pacific times; 9, Central time. the right woman catches the bouquet. Oh, and if you want to score with a female member of the crowd, Stevies bandmates advise him, look for the woman who is singing along the loudest to I Will Survive. Stevie and Tommy succeed early and often with the opposite sex, while Eddie is a family man with children, and Barry is a Jack Black sort of man-boy. The pilot episode feels a bit obligatory the band finds itself playing at

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the wedding of Tommys ex-girlfriend but things branch out in subsequent installments. In the second episode, which features Megan Fox as a guest star, the band clashes with some sci-fi geeks, to ridiculous effect. And while its no surprise where Episode 3 leads the guys weddings mean bachelor parties, which mean strip clubs the Wedding Band foray into that universe is a refreshingly skewed variation of the strip-club-scene clich (perhaps because the episode was written by a woman, Elizabeth Tippet). The series has assorted female characters, but this is a male-centered world, akin to the raunchy FX comedies The League and Its Always Sunny in Philadelphia. The interactions among the core four men are the key, and the likable actors playing them make most of the scenes work. Feel free to start your own debate about which Mother of the Bride member equals which Beatle, or which Monkee, or whatever. As in The Monkees, there is a fair amount of music in this show, and its an eclectic assortment. This bizarrely versatile band can shake the walls with plain old rock n roll, but its at its best when playing songs the way you dont remember them, a demented Glee. Keep an eye out for Stevie and Barrys cello-andglockenspiel version of West End Girls. The Pet Shop Boys would be proud.

Bridge
Phillip Alder
There are bridge tournaments in many beautiful parts of the world. One is the 15th International Bridge Festival in Madeira, which began on Monday and ends on Sunday. And international is valid. I lost count of the different nationalities represented. Madeira is a Portuguese island in the Atlantic. It used to be exciting to fly there because the airports runway was so short that planes had to brake very hard to avoid running off the end and down a cliff into the sea. Now there is a much longer runway. The Madeira festival mixes social events, sightseeing, sunbathing (there is no play in the mornings) and bridge. When at the table, though, players must try not to be distracted by the delightful vistas unlike West in the diagramed deal from the pair event. Anna Malinowski from Norway was sitting South. She was in three no-trump. In the bidding, three clubs was Puppet Stayman; three diamonds denied a five-card major but guaranteed at least one four-card major; three spades showed four hearts; and three no-trump ended the auction. In a team game, this board would have been uninteresting, but here overtricks mattered. Eleven declarers collected 12 NORTH(D) 10 K983 10 5 4 3 2 Q73 S h d C S h d C SOUTH AKQ9 A42 A8 A K 10 5 EAST 86432 J75 J9 864 S h d C S h d C WEST J75 Q 10 6 KQ76 J92

East and West were vulnerable. The bidding: West North East South Pass Pass 2 C Pass 2 d Pass 2 N.T. Pass 3 C Pass 3 d Pass 3 S Pass 3 N.T. Pass Pass Pass West led the diamond six.

ONCE

"ENCHANTING! When Rob McClure transforms into Chaplin's Little Tramp, it's a dizzying, multilevel metamorphosis." - Ben Brantley, The New York Times Today at 2 & 8; Tomorrow at 3

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EDWARD ALBEES WHOS AFRAID OF VIRGINIA WOOLF?

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STOMP

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WICKED

ROCK OF AGES

tricks after a nondiamond lead. Only Malinowski faced the killing lead of a low diamond. After Easts nine forced out Souths ace, declarer ran her club tricks, West discarding the diamond seven. Then South exited with her last diamond. West could have cashed her second diamond to hold declarer to 11 tricks, but hoped to do better. She shifted to a heart, choosing the textbook six. South took Easts jack with her ace and, luckily, without the communications to go to dummy to run the spade ten, cashed her top spades, dropping the jack. Everyone had three cards left. Dummy retained the heart kingnine and diamond ten. Easts cards were unimportant. South had the spade nine and two low hearts. West held the heart queen-ten and diamond king. When declarer led the spade nine, East (a world champion) put his cards back into the board and conceded, knowing that his partner was squeezed in the red suits. To avoid this unfortunate ending, West would have had to shift to the heart ten or queen at Trick 7. Then West could have guarded diamonds, while Easts heart jack would have kept that suit under control. That was not easy to anticipate, especially on such a scenic island.

OFFBROADWAY

Today at 2&8; Tomorrow at 2&7 The Musical Limited Holiday Engagement thru Jan. 6 Nxt Wk: Tu 7; W 2&7; Th-F 7; Sa 2&8; Su 2 Telecharge.com / 212-239-6200 Grps (10+): 800-432-7780/212-239-6262 www.ElfMusical.com Al Hirschfeld Theatre (+), 302 West 45th

ELF

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THE GOOD MOTHER

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Do not forget the Neediest!

SCANDALOUS

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VANYA AND SONIA AND MASHA AND SPIKE

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MARY POPPINS

THE HEIRESS

"Sharp and observant! An ace cast!" - NY Daily News Tickets From Only $39.50 Group Discounts 10+ 212.382.3410 Tu 7, W 2 & 8, Th & F 8, Sa 2 & 8, Su 3 Ticketmaster.com or 800.982.2787 Minetta Lane Theatre - 18 Minetta Lane FallingPlay.com

FALLING

SKYBOX

Today at 2 & 8 2012 TONY AWARD WINNER! Best Original Score Best Choreography DISNEY presents Tickets & info: NewsiesTheMusical.com or call (866) 870-2717 Groups (15+) 800-439-9000 This Wknd: Sat 2 & 8; Sun 3 Nxt Wk: T-Th 7:30; W 2; F 8; Sa 2 & 8; Su 3 Nederlander Theatre (+) 208 W. 41st St.

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FORBIDDEN BROADWAY: ALIVE AND KICKING!

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

C5

A Maestro Returns With a Brahms Double Concerto and a Surprise Soloist


The first hearty ovation at the New York Philharmonics concert at Avery Fisher Hall on Thursday evening came early, before a note was played. The program was to begin a complete survey of Brahmss symphonies and concertos, not in itself a headline-grabbing development. But the real event was the return of Kurt Masur, the MUSIC REVIEW orchestras conductor emeritus. Concerns about Mr. Masurs health have circulated since April, when he incurred injuries after falling off a podium in Paris. He withdrew from nearly all of his engagements through September to recover, though he shared a Tanglewood Festival concert in July with his son, the conductor Ken-David Masur. And the elder Mr. Masur has since revealed on his Web site that he has been

STEVE SMITH

RICHARD TERMINE FOR THE NEW YORK TIMES

The New York Philharmonic Kurt Masur leading, from left, the concertmaster Glenn

Dicterow and the cellist Alisa Weilerstein, the programs soloists, at Avery Fisher Hall.

The program repeats on Saturday evening at Avery Fisher Hall, Lincoln Center; (212) 875-5656, nyphil.org.

suffering from Parkinsons disease. Warm applause greeted his arrival onstage with the two soloists to be featured in Brahmss Double Concerto: the Philharmonic concertmaster Glenn Dicterow and the cellist Alisa Weilerstein. When Mr. Masur took his position in front of the orchestra, applause surged again: louder, longer and meant specifically for him. Tall and imposing, despite evidence of unsteadiness, Mr. Masur worked without a podium, at times lightly grasping a rail behind him. That the Double Concerto got off to a bumpy start was unsurprising, perhaps, given that Ms. Weilerstein was stepping in at the last minute to replace Carter Brey, the Philharmonics principal cellist, who was reported to be ill. (Ms. Weilerstein, a spokeswoman said, had rushed down from Montreal in time for an orchestra rehearsal.) From the start, the ensemble blazed gloriously. Ms. Weilersteins entry reflected her characteristic Romantic intensity: head bent low over her instru-

ment or tossed back in seeming rapture, she lingered over phrases, personalizing them with ardor and soulfulness. Mr. Dicterow, though more businesslike in his demeanor, matched her temperament with bravado and sweetness. Midway through the first movement, one of Ms. Weilersteins strings slipped off its tuning peg, bringing the music to a halt. She recovered quickly, and the movement continued. The soloists meshed beautifully in a prayerful Andante; in the boisterous finale Mr. Dicterows almost capricious swagger provided vivid contrast to Ms. Weilersteins dreaminess. Mr. Masur was an alert accompanist throughout; still, the music felt fitful at times. No such caveat applied in Brahmss Second Symphony. Mr. Masur favored a broad pace, but the playing flowed smoothly, with a luminosity and authority that attested to both Mr. Masurs deep command of this repertory and his continuing affinity with this orchestra.

Returning To the Scene Of a Memoir Of Struggle


From First Arts Page staff of The New York Times, The Washington Post or Newsday. Until a few months ago, Mr. Martinez was selling business cards at a print shop near Seattle, where he lives. Though the book is his first, it almost certainly wont be his last: hes at work on a second memoir, and the rights to The Boy Kings of Texas have been optioned by Ventanarosa, Salma Hayeks production company. In the book Mr. Martinez holds the poor border city of Brownsville to account for some of the darker episodes of his boyhood. Violence is a major component of the books 37 chapters, along with alcoholism, machismo and adultery; the descriptions are buoyed with humor. When he returned to Brownsville for a few days in late October, he wasnt sure how hed be received. I was terrified about coming back to Texas, Mr. Martinez said. I was afraid that I was going to have a violent confrontation that Id get shot. In short, not everyone is happy with the portrait hes painted. Lecherous neighbors and abusive relatives populate the memoirs pages. Mr. Martinez said the accounts themselves hadnt been disputed, but that didnt make the public airing of dirty laundry easier to bear. I was drawn toward the pain, he said. If the memory felt uncomfortable, if it was something I knew our family didnt talk about, Id attack it head-on. The reservoir of anger that propelled Mr. Martinez through the writing process had dissipated by the time he finished the book. He also saw a therapist. No brawls took place on the trip. Instead Mr. Martinez was fed caldo de res, a beef-and-vegetable soup (prepared by his father) and mole with chicken and rice (prepared by his grandmother). He was applauded by more than a thousand students, visited by old teachers and given many congratulations. His immediate family supports the book, though he said it had been too painful for his parents to read. His grandmother doesnt speak English, and Mr. Martinez said he hoped she wouldnt be exposed to the books contents.

BRAD DOHERTY

Domingo Martinez with his grandmother Virginia Campos Rubio, a central figure in his Boy Kings of Texas, a National Book Award finalist.
On the trip he returned to his alma mater, Homer Hanna High School. A precocious child, he quickly concluded that he was smarter than his peers, and spent his childhood frustrated and openly dismissive of many of those around him. Coming back as an inspirational speaker was a bit vexing he wasnt sure how his story provided a positive example for local kids. He cut class, did drugs, quit college and yet somehow ended up here, as a finalist for one of the most prestigious prizes in American letters. But as students at Hanna asked him about his writing process, a role model unwittingly emerged. Mr. Martinez described decades of single-minded dedication. Keep a notebook with you at all times, he told them. Send your work out to any publication you can find, and never give up. One student asked, When you were growing up in Brownsville, did you ever think life would be so much easier if you werent Mexican? Mr. Martinez paused for a moment. While he might not have set out to tackle questions of race and identity in his memoir, those themes emerged through the writing. As he began putting the stories of his youth on the page, he also came to conclusions about how American and Mexican cultural expectations influenced his family. Those ideas were discussed during another event at the University of Texas, Brownsville, and its partner institution, Texas Southmost College, where Mr. Martinez was invited to speak by Antonio Zavaleta, a professor of anthropology and sociology. Mr. Zavaleta said that he instantly saw his own experiences in Brownsville mirrored in The Boy Kings of Texas, good and bad. Much of the book is negative, no question, Mr. Zavaleta said in an interview. But I think its important for these youngsters to see that their future is really in their hands, and theres light out there, and you can make it through these dark times and into the light. Mr. Martinez is preparing a speech in case he actually wins the National Book Award on Wednesday. Hes not exactly sure what hell say, but for now hes focused on the dedication of his agent, Alice Fried Martell, and his publisher, Lyons Press, which took a risk on the book. Agent and writer will meet for the first time when he travels to New York for the ceremony. After Mr. Martinez departed Brownsville, he marveled at the hometown reception hed received. Maybe the years had taken the edge off his memories; maybe the nomination had given him the validation he craved as a child. Possibly the most beautiful side effect of this, he said, is how its brought my family together.

A writers trip back to Brownsville, Tex., and a difficult childhood.


Even though his paternal grandparents were born in Mexico, he didnt identify as Mexican when he was young. He told the student that people of all ethnicities struggled to accept themselves for who they are.

Want to Warm a Heart? Then First Try Breaking It


From First Arts Page promotional gimmick: O Come All Ye Faithful Owners of Big-Screen TVs, An Auld Lang Lineup of Seasonal Films and The First (of Many) Nol Movies are still available. It is not our purpose here to bemoan the ever-earlier arrival of the holiday entertainment season, and certainly television isnt the only offender; the Radio City Christmas Spectacular was to begin performances on Friday, as was the Broadway musical Elf. Although alarm must be expressed at the prospect that this phenomenon will spread to other holidays. Imagine if people started flogging Flag Day in April! Er, for you noncelebrators, Flag Day is June 14. Anyway, our intent is simply to warn against overexposure to made-for-TV holiday movies. Because if you watch too many, you might become obsessed with the tics and patterns of these movies in a way that could make you question your own sanity. For instance, given that these films are supposed to celebrate the season of comfort and joy and, for Christians, one particularly important birth, its alarming how much death there is in them. A common plot device in these formulaic tales is that someone cant get over the loss of a loved one. In The Wishing Tree, which centers on holiday angst at a boarding school, a young teacher is having trouble with the death of his wife. Theres also a dead wife in The Christmas Consultant, in which David Hasselhoff plays an incredibly irritating adviser hired by a couple to pep up the family Christmas. (Why is this particular film being shown before Thanksgiving? To make you thankful that Mr. Hasselhoff isnt at your house for the holidays.) A slight variation on the morbid theme occurs in Its Christmas, Carol!, on Nov. 18 on Hallmark: Carol, a busy publisher, gets a Dickens-style visit from her dead former boss (drolly played by Carrie Fisher). An ex-wife has to die in a car wreck to set the plot of Lifetimes Holiday Spin in motion (Nov. 18). And in The Christmas Heart, on Dec. 2 on Hallmark, about a teenager who needs a heart transplant, death does not take a holiday, either, because fresh hearts dont grow on trees. Unemployment, or the threat of it, is also dismayingly common in this fare. Perhaps thats partly because, in real life, layoffs often occur late in the year for accounting reasons. But more likely its because the writers are churning out these movies so fast that they have to grab the most obvious, hackneyed stress points available to propel their thin stories, and whats more stressful than losing your job just when youre

The wonder of TV climate change: snowflakes that never seem to melt.


youre not obsessive about your work, dont you leave yourself vulnerable to being canned? Sure, the mom in The Christmas Consultant learns a lesson about making time for her family, but what we dont see is The Christmas Consultant II, in which Donald Trump turns up just long enough to note her reduced productivity and say, Youre fired. Its a vicious circle. Whats really alarming, though, is whats going on with the weather in these films. If you watch enough of them, you begin to go a little cuckoo over the observation that sometimes the snow melts when it hits human skin; other times it seems oddly meltresistant. In some, like The Wishing Tree, its clearly cold because you can see the actors breath in the outdoor scenes, whereas in others theres not a wintry breath in sight, as if the snow were somehow radiating heat. Sure, maybe this is just a function of where, when and how these things were shot. But maybe its more evidence that global warming is turning the weather into a beast beyond our understanding. So heres the holiday message takeaway from these movies: Apparently, although we all work too hard, were all going to die unemployed, not to mention disease-ridden, haunted by Carrie Fisher, harangued by David Hasselhoff and surrounded by burning snow. And to all a good night.

LIFETIME

David Hasselhoff as the title character in The Christmas Consultant, on Lifetime on Saturday, part of Its a Wonderful Lifetime Movie Marathon.
supposed to be buying presents for your materialistic kids? In The Christmas Consultant, the family matriarchs job is in jeopardy. In Its Christmas, Carol!, the heartless Carol gives someone the boot on the flimsiest excuse before the film is seven minutes old. Even the paperboy isnt safe: in The Christmas Heart, the opening credits havent stopped rolling when one is threatened with a firing for an errant throw. This is also an unhealthy sort of season, as portrayed in these movies, and were not talking the sniffles. Theres the kid with the bad ticker in The Christmas Heart. Cancer has a cameo on The Wishing Tree. And so on. Between the unemployment and the illness, its enough to make you want to change the lyrics of that Chipmunks song from Please, Christmas, dont be late to Please, Christmas, dont come at all. A holiday movie also demands uplift, though, so it is common in these films for characters to be work-obsessed until someone else Mr. Hasselhoff or Ms. Dead Former Boss Fisher or whoever explains that they are missing out on whats important in life. Watch enough of these movies, though, and you begin to wonder how that squares with the job-loss plot device mentioned earlier. If

Remember the Neediest!

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THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

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Vegas Money Plays. A craps dealer > CSI CSI Unplugged. A child is is murdered. (CC) (HD) (14) abducted during a blackout. (CC) (HD) (14) Life According LX.TV 1stLook Revolution The Childrens CruChicago Fire One Minute. Chief to Ben (PG) Lifestyle trends. sade. Charlie wants to help a group Boden faces accusations. (CC) (CC) (G) of kids. (CC) (HD) (14) (HD) (14) College Football Kansas State vs. Texas Christian. (CC) (HD) Entertainment Tonight (N) (CC) (HD)

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Target Specific. (CC) (HD) (12:05) NEWS David Saturday Night Live Anne Ushery. (N) (CC) Hathaway hosts; Rihanna performs. (HD) (N) (CC) (HD) (14) (11:29) MasterChef Top 11 Compete. 30 Seconds to Graham participates in a challenge. Fame (CC) (G) (N) (CC) (HD) (14) (11:05) NEWS Sandra Broadway Fall College Football Notre Dame vs. Boston College. (CC) (HD) NEWS Sandra Private Practice Bookman, Joe Preview 2012 Bookman, Joe Crime and PunTorres. (N) (HD) Torres. (N) (HD) ishment. (HD) Are We There Are We There Burn Notice Unpaid Debts. (CC) Burn Notice Shot in the Dark. A > Law & Order Encore. A widow- Giants Access > Everybody That 70s Show Yet? (HD) (PG) Yet? (HD) (PG) (HD) (PG) boys family is terrorized. (CC) (HD) ers second wife dies. (CC) (HD) Blue (CC) Loves Raymond (CC) (14) Two and a Half Two and a Half The First Family The First Family Mr. Box Office Mr. Box Office NEWS (N) (CC) (HD) Family Guy (CC) Family Guy (CC) Futurama MoMen (CC) (HD) Men (CC) (HD) (N) (CC) (HD) (CC) (HD) (N) (CC) (HD) Man Up. (HD) (HD) (14) (HD) (14) bius Dick. (HD) The This Old House Hour Repoint- Keeping Up Ap- As Time Goes Rocky (1976). Sylvester Stallone. Small-time boxer goes all out. Modest, King of Devils Island (2010). Stellan Skarsgard. Ining the old brick foundation. (N) (HD) pearances (CC) By Why? (CC) appealing drama. Overtouted Oscar winner, but the sentimental favorite. (PG) mates rebel at Norwegian reform school. Chilly. (11:05) Sherlock Holmes (Part 1 of 2) (G) > American Masters History of the Doors. (CC) (14) Treasures-N.Y. Infinity Hall Live (PG) Americana Music Festival Globe Trekker NEWS European Jrnl Travels to Edge Rudy Maxa NUMB3RS Soft Target. (CC) Lidias Italy Secrets 92nd Street Y on N.Y.C. Life NUMB3RS In Plain Sight. (CC) Private Sessions (CC) (PG) NUMB3RS Toxin. (CC) (PG) Noticias 41 Noticias Noticiero Titulares Tele. Video Music NUMB3RS (CC) Desmadrugados Yo Me Llamo Nature (HD) (G) Keeping Up Last of the Wine Miranda (CC) Paid programming Slo Boxeo William and Mary (CC) (G) Ballykissangel Judge Judy (HD) Judge Judy (HD) Americas Court Americas Court Toni On NUMB3RS Assassin. (CC) (PG) La Familia P. Luche (CC) (HD) Food for the Poor Moyers & Company (CC) (G) Toni On Paid programming Choques Ext. Ftbol Central Inside Edition NUMB3RS Convergence. (CC)

48 Hours Secrets of the River. The death of an aspiring model. (N) (CC) > Law & Order: SVU Friending Emily. A missing girl. (CC) (HD) (14) NEWS Christina Park. (N) (CC)

NEWS (N) (CC) Jets Huddle (HD) (11:35)

IRISH PHOTO ARCHIVE/BRAINSTORM MEDIA

Sbado Gigante (N) (CC) (HD) (PG) Paid programming This Old House This Old House Chef! (PG) Blogumentary CGN World

Ice Age (2002). Voice of Ray Romano. (PG) (CC) (HD) Twilight (2008). Kristen Stewart. (PG-13) (CC) (HD) This Old House Saturday Night Performances Operation Condor (1991). Jackie Chan, Carol Do Do Cheng. (PG-13) The King of Legend (PG) PREMIUM CABLE

Ftbol Mexicano Primera Divisin CF Pachuca vs Jaguares de Chiapas. Viaje Al Centro de la Tierra (1999). Treat Williams. (CC) (HD)

ENC FLIX HBO HBO2 MAX SHO SHO2 STARZ TMC

The Quick and the Dead (1995). Open Range (2003). Robert Duvall, Kevin Costner. Cattle herdsmen vs. ruthless rancher, . Robin Hood: Prince of Thieves (1991). Kevin Costner, Morgan FreeSharon Stone. (R) (CC) (6:10) via Costner. Head for the hills. (R) (CC) man. Fast, thorny, pungent. (PG-13) (CC) (10:20) . Camp (2003). Daniel Letterle, Wet Hot American Summer (2001). A camps staff pur- Sex and a Girl (2001). Angela Gots, Robert Hays. A teen deals with the Fifty Pills (2006). Lou Taylor Pucci, Joanna Chilcoat. (PG-13) (CC) (6) sues romances that were brewing all season. (R) (CC) news of her parents divorce. (R) (CC) (9:40) Kristen Bell. (R) (CC) Game Change (2012, TVF). Tower Heist (2011). Buildings employees plan to rob Boxing Erislandy Lara vs. Vanes Martirosyan, super welterweight. (CC) 2 Days: Seth Boardwalk EmJulianne Moore. (CC) (HD) (6) tenant who bilked them. Plays it safe. (PG-13) (CC) (HD) (HD) (9:45) Mitchell (HD) pire (CC) (HD) Big Mommas: Like Father, Like Son Treme Careless Love. Antoine Treme Promised Land. Toni finds The Newsroom The Greater Fool. True Blood Everybody Wants to Real Time With (2011). (PG-13) (CC) (HD) (6:10) tries to get help for Jennifer. (HD) Judge Gatling at Galatoires. (HD) Nina surprises Mac. (HD) (10:10) Rule the World. (CC) (HD) (11:15) Bill Maher (HD) Road House (1989). Patrick Swayze, Kelly Lynch. Young barroom Hunted Kismet. Aidan uncovers Chronicle (2012). Dane DeHaan. Three friends learn Hunted Kismet. Aidan uncovers bouncer. Absurd. (R) (CC) (HD) some of Sams secrets. (CC) (HD) how to use superpowers. Slick fairy tale. (PG-13) (HD) some of Sams secrets. (CC) (HD) > Homeland A Gettysburg . Reservoir Dogs (1992). Harvey Keitel, Tim Roth. Crooks regroup at Boxing Abner Mares vs. Anselmo Moreno. From Anaheim, Calif. (HD) Address. (CC) (HD) (MA) warehouse after heist. Brutal and dazzling, via Tarantino. (R) (CC) (HD) > Homeland New Car Smell. > Homeland Q&A. Brody finds > Homeland A Gettysburg Apollo 18 (2011). Lloyd Owen, Craig Shoemaker: Daditude (CC) (MA) Warren Christie. (PG-13) (CC) (6:30) Brody runs into Carrie. (CC) (MA) himself prisoner again. (CC) (MA) Address. (CC) (MA) Just Go With It (2011). Adam Sandler. Assistant must pose as bosss The Vow (2012). Rachel McAdams, Channing Tatum. Man tries to Bad Teacher (2011). Cameron Diaz. Beautiful, angry wife. Cactus Flower remake occasionally quite funny. (PG-13) (CC) restore wifes memory. Forgetability wins. (PG-13) (CC) teacher wreaks havoc. Breezily crude. (R) (CC) (10:50) Source Code (2011). Jake Gyllenhaal. Army pilot keeps reliving doomed Soulkeeper (2001). Rodney Rowland. Thieves steal ancient relic that Suck (2009). Malcolm McDowell, Jessica Par. Rock trains last minutes. Hooks you early. (PG-13) (CC) (HD) (7:15) unleashes army of evil souls. Tongue-in-cheek chills. (R) (CC) band will do anything to be famous. (R) (CC) (HD) (10:50) CABLE

9 P.M. (DirecTV) THE ROLLING STONES: CHARLIE IS MY DARLING IRELAND 1965 (2012) In honor of the 50th anniversary of the Rolling Stones, this hourlong documentary originally directed by Peter Whitehead and produced by Andrew Loog Oldham, and digitally restored for a new version by the director Mick Gochanour and the producer Robin Klein follows the young band, with Brian Jones on guitar (above left, with Mick Jagger), as it tours Ireland in 1965. It is both a postcard from an earlier phase of celebrity culture and a glorious mixtape of raucous and memorable songs, A. O. Scott wrote in The New York Times among them, The Last Time, Time Is on My Side, (I Cant Get No) Satisfaction and a couple of Beatles tunes hummed and strummed by Keith Richards and Mick Jagger in a hotel room as the men were still figuring out how to be the opposite of the four lads from Liverpool. Their answer, he added, was to be naughtier, more aggressive, more theatrically sexual. And despite intimations of events to come Joness death, less than five years away, and the lethal mayhem of Altamont in 1969 mostly, Mr. Scott said, what you see is the intensity of rock n roll at a time when it still felt risky and thrilling. 10:30 A.M. (13) RELIGION & ETHICS NEWSWEEKLY Bob Abernethy, Kim Lawton and Kevin Eckstrom, editor in chief of Religion News Service, analyze the role faith played in the election. NOON (13) RICHARD HEFFNERS OPEN MIND Dr. Ruth Westheimer discusses her new book, Dr. Ruths Guide for the Alzheimers Caregiver, written with Pierre A. Lehu. 8 P.M. (HBO) TOWER HEIST (2011) Some condominium workers, led by Josh Kovaks (Ben Stiller), the buildings manager, plot revenge after their life savings disappear at the hands of a resident Wall Streeter (Alan Alda), a Bernard Madoff-like Ponzi schemer. Writing in The Times, A. O. Scott called this comedy, directed by Brett Ratner and also starring Eddie Murphy, Matthew Broderick and Ta Leoni, a mild, chaotic and cartoonish dose of populism, set in a Manhattan luxury high-rise at the southwestern corner of Central Park, from which the name Trump has been excised with the utmost digital care. Oh, well, he added, Mediocre entertainment is not a crime this is still America, dammit! but Tower Heist could and should have been much more. 9 P.M. (CUNY) THE SHOOTING PARTY (1978) In this final installment of Literary Adaptations From the Soviet Union, presented by City Cinematheque, the director Emil Loteanu takes on the Chekhov novel about the beautiful daughter of a poor forester who marries a counts bailiff for money while embarking on a love affair with his friend, a handsome magistrate. The film, which stars Galya Belyayeva and Oleg Yankovsky, is so rich in its imagery and its sense of heedless, prerevolutionary decadence, and its so full of associations to the great, far more condensed works Chekhov would write for the theater a few years later, that to watch it is a fascinating, almost intoxicating experience, Vincent Canby wrote in The Times. It comes close to being too much, in the way that an evening of drinking nothing but dangerously potent liqueurs might be. Its less real than surreal a hallucination. Thats meant as high praise. 10 P.M. (Cinemax) CHRONICLE (2012) Three teenage boys Andrew (Dane DeHaan, below), the only child of a raging alcoholic and a dying mother, who records the highlights of his life on a digital camera; his cousin Matt (Alex Russell); and the popular Steve (Michael B. Jordan) mysteriously acquire fantastic powers after entering a large hole in the ground in this science-fiction fairy tale, written by Max Landis and directed by Josh Trank. The result is a battle between untamed will and choice. The movie is primarily seen through Andrews eyes, or rather his cameras, which gives the opening section a grubby, smeary, consumer-level digital video look, Manohla Dargis wrote in The Times. After he loses his original camera, though, and somehow obtains a better one, improving the image quality (and how! the movie was shot with an Alexa, which can start at $60,000), he increasingly uses his telekinetic powers to operate his new toy. The superhero stuff is all fine and good enough, but its this vision of a lonely boy with his swooping, dipping, flying Tinker Bell of a camera that truly lifts the movie. 11:30 P.M. (NBC) SATURDAY NIGHT LIVE Anne Hathaway hosts the show for the third time; Rihanna (near right, with Ms. Hathaway) performs.
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BBCA BET BIO BRV CBSSN CMT CN CNBC CNN COM COOK CSPAN CUNY DIS DIY DSC E! ESPN ESPN2 FOOD

Storage Wars Storage Wars Parking Wars (N) Parking Wars (N) Billy the Exter- Billy the Exter- Billy the Extermi- Billy the Extermi- Storage Wars (CC) (HD) (PG) (CC) (HD) (PG) (CC) (HD) (PG) (CC) (HD) (PG) minator (N) (HD) minator (N) (HD) nator (HD) (PG) nator (HD) (PG) (CC) (HD) (12:01) Charlie St. Cloud (2010). Zac Efron, Amanda Crew. (PG-13) (HD) The Last Song (2010). Miley Cyrus, Greg Kinnear. (PG) (HD) Poseidon (2006). Josh Lucas, Kurt Russell. Luxury liner capsizes in the The Poseidon Adventure (1972). Gene Hackman, Shelley Winters. Cruise-ship disaster. North Atlantic. Pointless remake. (PG-13) (CC) (HD) Worlds dullest passenger list. (PG) (CC) (HD) Too Cute! (N) (HD) (PG) Too Cute! Kitten Cottonballs. (HD) Pit Bulls and Parolees (N) (HD) Bully & Sugar: Southern Justice Pit Bulls-Parole

Star Trek: The Next Generation Star Trek: The Next Generation Star Trek: The Next Generation Hex Possession. (CC) (HD) (14) The Graham Norton Show (N) (HD) Bedlam (N) (14) Meet the Browns (2008). Tyler Perry. Woman travels home for fathers Black Girls Rock 2012 Honoring accomplishments of black women. (CC) (HD) (PG) Meet the Browns (2008). Tyler Perry, funeral. Corny, hokey, contagiously pleasurable. (PG-13) (CC) (HD) (6:30) Angela Bassett. (PG-13) (CC) (HD) Celebrity Ghost Stories (CC) (HD) Celebrity Ghost Stories (CC) (HD) Celebrity Ghost Stories (N) (HD) The Haunting Of. (N) (CC) (HD) The Haunting Of. (CC) (HD) (PG) Ghost Stories Sportfolio (HD) Bloomberg Political Capital Conversations > Charlie Rose (CC) (HD) CEO Summit Debt. (HD) The Real Housewives of Atlanta Meet the Parents (2000). Robert De Niro, Ben Stiller. Ex-C.I.A. agent as Meet the Parents (2000). Robert De Niro, Ben Stiller. Ex-C.I.A. agent as Got Sexy Back. (14) scary prospective father-in-law. Likable comedy. (PG-13) scary prospective father-in-law. Likable comedy. (PG-13) College Football Tulsa vs. Houston. (HD) (5) Inside College Football Lemming Report College Football Football Uncut South Carolina Inside Football Joe Dirt (2001). David Spade, Dennis Miller. (PG-13) (CC) (HD) (6:45) Robots (2005). Voices of Ewan McGregor, Halle Berry. (PG) Money in Motion How I Made My Ultimate Factories Frito Lay. The Currency Millions Frito Lay Factory in Perry Ga. CNN Newsroom (N) (HD) CNN Presents (CC) (HD) (PG) Redneck Island (N) (PG) Venture Bros. Family Guy (PG) The Suze Orman Show The Last Word on 401(k) Loans. (N) (CC) Piers Morgan Tonight (HD) Chainsaw Gang Big Texas Heat Redneck Island (HD) (PG) Family Guy (PG) Cleveland Show Til Debt Do Us Til Debt Do Us Part (CC) Part (CC) CNN Newsroom (N) (HD) The Boondocks The Boondocks Ultimate Factories N.Y.C. Subway Car. (G) CNN Presents (CC) (HD) (PG) Political Capital Orange County (2002). (PG-13) Inside Football Chainsaw Gang

BLOOM > Charlie Rose (N) (CC) (HD)

Bleach (N) (14) The Suze Orman Show (CC) Piers Morgan Tonight (HD) Grandmas Boy (2006). Doris Rob- Kevin Hart: Laugh at My Pain The Daniel Tosh: Completely Serious Aziz Ansari: Dangerously DeliChris Hardwick: Mandroid The Amy Schumer: erts, Allen Covert. (R) (CC) (HD) (5:58) comic discusses his life. (HD) (7:59) Tosh is in the O.C. (CC) (14) (8:59) cious (CC) (HD) (MA) comic performs. (N) (CC) (HD) (MA) Mostly Sex Stuff Food(ography) Taverns & Clubs Everyday Italian Kelseys Ess. Eat the Street Grandmother Bitchin Kitchen Extra Virgin (HD) Dinner Imposs. Eat St. (HD) Everyday Italian Public Affairs Book TV (N) Eldridge & Co. City Talk Gravity Falls Gravity Falls (CC) (HD) (Y7) (CC) (HD) (Y7) 10 Projects Bathtastic 10 Jungle Gold Hell and High Water. (CC) (HD) (PG) E! News (HD) Ethics of Embedded Journalists Book TV (N) Investigative Reporting Public Affairs (10:10) Book TV: After Words (N) Ethics of Embedded Journalists Book TV (N) Reporting Real Austin & Ally (CC) (HD) (G) Renov. Real. Gold Rush (CC) (HD) (PG) The Soup (HD) Book TV (N) (11:45)

CSPAN2 Book TV (N)

Criminal Justice Theater Talk (G) . The Shooting Party (1978). Fine Soviet-made version of Chekhov story. TimesTalks (11:15) Dog With a Blog Shake It Up! Jessie (CC) (G) Good Luck Shake It Up! Jessie Zombie Good Luck Phineas and (CC) (G) Fire It Up. (G) Charlie (HD) (G) Funk It Up. (G) Tea Party 5. (HD) Charlie (HD) (G) Ferb (CC) (HD) Holmes on Homes (CC) (HD) (G) Renov. Real. Renov. Real. Family Under Family Under Renov. Real. Renov. Real. Jungle Gold Shots Fired. Battling Gold Rush The Wrong Claim. Gold Rush Secret Weapons. (CC) Gold Rush The Wrong Claim. floods and armed neighbors. (HD) (CC) (HD) (PG) (HD) (PG) (CC) (HD) (PG) Evan Almighty (2007). Steve Carell, Morgan Freeman. (PG) Ice Loves Coco Ice Loves Coco Fashion Police (14) Krull (1983). Ken Marshall, Lysette Anthony. (PG) (CC) College Football College Football Oregon vs. California. (HD) College Football College Football U.C.L.A. vs. Washington State. (HD) Push: Madison Versus Madison (2010). (CC) Restaurant Stakeout (HD) Iron Chef America (HD) Big Mommas House (2000). F.B.I. agent in undercover drag. Stakeout goes ghetto, with a touch of Tootsie for flavah. Fitfully amusing. (CC) Geraldo at Large (CC) (HD) (PG) The Journal Editorial Report (CC) (HD) Fox Soccer News (HD) English Premier League Soccer

ENCFAM Flash Gordon (1980). O.K. no more. Best for exotic decor. (PG) (CC)

Racing Ace (2005). Greg Germann. (PG) (CC) (11:05)

College Football Mississippi State vs. L.S.U. (HD) College Football Georgia vs. Auburn. (HD) Push: Madison Versus Madison (2010). (CC)

ESPNCL 30 for 30 (HD) (6:30)

Push: Madison Restaurant Sta. Finding Forrester (2000). (CC) Justice With Judge Jeanine

Restaurant Stakeout (HD) Restaurant Stakeout (HD) Restaurant Stakeout (HD) Big Mommas House (2000). F.B.I. agent in undercover drag. Stakeout FOXMOV . Theres Something About Mary (1998). Cameron Diaz. (R) (CC) (5:30) goes ghetto, with a touch of Tootsie for flavah. Fitfully amusing. (CC) Huckabee (N) (HD) Justice With Judge Jeanine (N) FOXNEWS Fox Report (N) (HD) (HD) FSC SKY Sports News (HD) English Premier League Soccer Aston Villa vs Manchester United
FUSE FX G4 GOLF GSN HALL HGTV HIST HLN ID IFC LIFE LMN

Taxi (2004). Queen Latifah. (PG-13) (6) 100 Sexiest Videos 100 Sexiest Videos 100 Sexiest Videos 100 Sexiest Videos Sexiest Videos Ben and Kate Ben and Kate X-Men Origins: Wolverine (2009). Hugh Jackman, Liev Schreiber. How Wolverine came to XXX (2002). Vin Diesel, Asia Argento. Skateboarder turned secret agent. 21st Birthday. Scaredy Kate. be. Unmemorable hodgepodge. (PG-13) (HD) Triple stupid. (PG-13) . District 9 (2009). Aliens kept in squalid segregation in South Africa. Smart and swift. (R) (HD) The Lost Boys (1987). Jason Patric, Kiefer Sutherland. (R) Knight Rider The Final Verdict. P.G.A. Tour Golf Childrens Miracle Network Hospitals Classic, third round. (HD) (6:30) Minute to Win It (CC) (HD) (PG) House Hunters Renovation (HD) Pawn Stars Buy Pawn Stars (CC) the Book. (HD) (HD) (PG) Mystery Det. Mystery Det. Deadly Women Master Manipulators. (CC) (HD) (14) Star Trek Generations (1994). Patrick Stewart. (PG) (HD) (5:30) Christmas Angel (2009). Woman takes job with secret Santa. (CC) (HD) (6) He Loves Me (2011, TVF). Heather Locklear, Max Martini. (CC) (HD) (6) Family Feud Family Feud Family Feud Golf Central (HD) European P.G.A. Tour Golf Barclays Singapore Open, final round. From Singapore. (HD) Family Feud Family Feud Family Feud Minute to Win It (CC) (HD) (PG) Newlywed

November Christmas (CC) (HD) (6) The Wishing Tree (2012, TVF). Jason Gedrick, Richard Harmon. (CC) (HD) A Christmas Wish (2011, TVF). Kristy Swanson, Tess Harper. (CC) (HD) Christmas Visitor Love It or List It (CC) (HD) (G) Love It or List It (CC) (HD) (G) House Hunters Hunters Intl House Hunters Hunters Intl Love It or List It Pawn Stars (CC) Pawn Stars (CC) The Men Who Built America Changing the Game. JP Morgan estab- Pawn Stars (CC) Pawn Stars (CC) Pawn Stars (CC) (HD) (PG) (HD) (PG) lishes a bank in N.Y.C. (CC) (HD) (PG) (HD) (11:02) (HD) (11:32) (HD) (12:01) Mystery Det. Mystery Det. Mystery Det. Mystery Det. Mystery Det. Mystery Det. Nancy Grace Mysteries Mystery Det. Deadly Women No Good Reason. Motives & Murders Web of Lies. Deadly Affairs Love Thy NeighDeadly Women No Good Reason. Motives & Mur(CC) (HD) (14) (N) (CC) (HD) (14) bor. (N) (CC) (HD) (14) (CC) (HD) (14) ders (CC) (HD) Star Trek: First Contact (1996). Patrick Stewart, Jonathan Frakes. While Federation Leatherface: The Texas Chainsaw Massacre III Star Trek: First battles Borgs, Picard travels back to 2063. Not worth the trip. (PG-13) (HD) (1990). Kate Hodge, Viggo Mortensen. (R) (HD) Contact (HD) The Christmas Consultant (2012, TVF). David Hasselhoff, Caroline Undercover Christmas (2003, TVF). Jami Gertz, Tyne Daly. F.B.I. agent The Christmas Rhea. Workaholic mom needs help to survive holidays. (CC) (HD) takes cocktail-waitress witness home for the holidays. Predictable. (CC) (HD) Consultant (HD) Devils Pond (2003). Kip Pardue, Tara Reid. Newlywed learns that Stranger in My Bed (2005, TVF). Jamie Luner, Chris Kramer. Woman Devils Pond husband is plotting her death. (R) (CC) (HD) fakes her own death to escape abusive husband. (CC) (HD) (2003). (CC) (HD)

7:00
LOGO MIL MLB MSG MSGPL MTV NBCS NGEO NICK NICKJR NY1 OVA OWN OXY SMITH SNY SOAP SPEED SPIKE STYLE SUN SYFY TBS TCM TLC TNT TRAV TRU USA VH1 WE YES

7:30

8:00

8:30

9:00

9:30

10:00
Bewitched (G)

10:30
Bewitched (G)

11:00

11:30

12:00

Untucked: All RuPauls All Stars Drag Race Untucked: All Bewitched (G) Bewitched SuStars (14) Queens Behaving Badly. (14) Stars (14) per Arthur. (G) The Dirty Dozen (1967). (CC) (5) . Courage Under Fire (1996). Denzel Washington, Meg Ryan. (R) M.L.B. Network Countdown Del Zotto Baseball Arizona Fall League: Military Appreciation Game. MSG Countdown MSG Countdown in 60 11 Lockup: Raw Prison Love. Awkward. (HD) Awkward. (HD)

Bewitched Just Bewitched The Comedy Central a Kid Again. (G) Generation Zap. Presents (CC) . Courage Under Fire (1996). Denzel Washington. (R) Best of M.L.B. Tonight The Best of Boomer & Carton Lockup: Raw Countdown Essential Gam Lockup: Raw Awkward. (HD) Awkward. (HD)

The Essential Games: Rangers 2011-12 Lockup (HD) Lockup (N) (HD) Awkward. (HD)

College Football Southern Mississippi vs. Southern Methodist. (HD) Awkward. (HD) Awkward. (HD) Awkward. Resolutions. (HD) (9:15) Awkward. (HD)

Aqueduct in 30 Boxing Golden Boy: Yoshihiro Kamegai vs. Jorge Silva. Awkward. (HD)

MSNBC Caught on Camera (HD)

College Football Boise State vs. Hawaii. (HD) SEAL Team Six: Raid (6) Fresh Beat NEWS Go, Diego, Go! On Stage Alaska State Troopers (HD) (14) Big Time Rush NEWS iCarly (CC) (HD) iCarly (CC) (HD) iCarly (N) (HD) NEWS How to Rock (N) iCarly (CC) (HD) > The Nanny Dora Explorer NickMom, Out Hurricane Sandy: City

College Football Fresno State vs. Nevada. (HD) Doomsday Preppers Bugged Out Doomsday Preppers Bugged Out Doomsday Preppers Bugged Out Bugged Out
> The Nanny > Friends (PG) > Friends (PG) > Friends (PG)

Team Umizoomi Team Umizoomi Dora Explorer


. Ray (2004). Jamie Foxx, Regina King. (PG-13) (HD)

NickMom, Out

NickMom, Out NEWS

Carol Brady

NickMom, Out

New York Times Close Up

Sports on 1 (11:35)
. Of Mice and Men (1992). (CC) (HD)

Johnny Cash Live at Montreux Welcome to Sweetie Pies (HD) Americas Next Top Model (CC) They Do It? Wings of Honor (CC) (HD) (G) General Hospital (CC) (HD) (PG)

Welcome to Sweetie Pies (HD) Americas Next Top Model (CC) They Do It? They Do It?

Welcome to Sweetie Pies (N) (PG) Iyanla, Fix My Life (N) (HD) Catwoman (2004). Halle Berry, Benjamin Bratt. (PG-13) (CC) They Do It? They Do It? They Do It? They Do It?

Welcome to Sweetie Pies (CC) They Do It? They Do It?

Fix My Life They Do It?

Casino Royale (2006). Daniel Craig, Eva Green. (PG-13)

SCIENCE They Do It?

Aerial America Alabama. (HD) (G) MLK: The Assassination Tapes Huskies All Access (CC) (HD) General Hospital (CC) (HD) (PG) SPEED Center Nascar Perfor. General Hospital (CC) (HD) (PG)

Americas Yellowstone (CC) (HD) Aerial America Alabama. (HD) (G) Assassinatio. Jets Game Plan SportsNite (HD) SportsNite (HD) SportsNite (HD) SportsNite (HD) General Hospital (CC) (HD) (PG) Nascar Racing General Hospital (CC) (HD) (PG) Brothers/Sisters World of Outlaws Knoxville Nationals. Payback (1999). Mel Gibson. (R) (HD) (11:12)

College Basketball Central Florida vs. South Florida. (CC) Nascar Racing K&N Pro Series: Phoenix. (HD)

. GoodFellas (1990). Robert De Niro, Ray Liotta. Pileggi-Scorseses Mafia. Cold-eyed, breathless, brilliant. (R) (HD) (7:15)

> Sex-City Message in a Bottle (1999). (PG-13) (HD) (6) Big Rich Texas (HD) (PG) Big Rich Texas (HD) (PG) Big Rich Texas (HD) (14) Kimora: Fab The Mortified Iconoclasts (CC) . The Three Burials of Melquiades Estrada (2005). Cowboy seeks jus- . Blue Velvet (1986). Kyle MacLachlan, Isabella Rossellini. Small-town House of PleaSessions (HD) (HD) (MA) tice and proper burial for a friend. Dialogue sounds real as dirt. (R) (CC) mysteries, via Lynch. Eerie, even distasteful, but very original. (R) (CC) (HD) sures (2011). (HD) The Mist (2007). Thomas Jane, Marcia Gay Harden. A deadly fog Ghost Storm (2012, TVF). Crystal Allen, Carlos Bernard. Unhappy souls American Horror House (2012, TVF). Morgan engulfs terrified townspeople. (R) (CC) (6:30) unleash electrical storm. (HD) Fairchild. Ghosts invade sorority house on Halloween. > The Big Bang > The Big Bang > The Big Bang > The Big Bang > The Big Bang > The Big Bang Wedding Band Pilot. (Series Pre- Wedding Band Pilot. Tommys ex What Women Theory Theory Theory (14) Theory (14) Theory Theory miere) (N) (HD) (MA) asks the band to perform. (HD) (MA) Want (2000). (HD) . The Thin Man (1934). William Powell, Myrna Loy. Hammetts marvelous The Moon Is The Flight of the Phoenix (1966). . Dinner at Eight (1933). John and Lionel Barrymore, Jean Harlow. James Stewart. (5:15) Meal of the year, still. (CC) old martini-and-murder puzzle, sparked by two endearing pros. (CC) (HD) Blue (1953). (CC) 20/20 on TLC (CC) (HD) (14) 20/20 on TLC Blood Ties. (HD) 20/20 on TLC (N) (CC) (HD) (14) 20/20 on TLC (N) (CC) (HD) (14) 20/20 on TLC Blood Ties. (HD) 20/20 on TLC Transformers (2007). Shia LaBeouf, Tyrese Gibson. Two races of robots wage war on Earth. Boys and their Clash of the Titans (2010). Sam Worthington, Liam Neeson. Son of 10,000 B.C. (2008). toys. (PG-13) (CC) (HD) Zeus on dangerous journey. Self-conscious kitsch. (PG-13) (CC) (HD) (CC) (HD) (12:15) Sausage Paradise (CC) (HD) (PG) Ghost Adventures (CC) (HD) (PG) Ghost Adventures (CC) (HD) (PG) Ghost Adventures (CC) (HD) (PG) Ghost Adventures (CC) (HD) (PG) Ghost Adv.

ONLINE: TELEVISION LISTINGS


Television highlights for a full week, recent reviews by The Timess critics and complete local television listings. nytimes.com/tv
Definitions of symbols used in the program listings:
Recommended film Recommended series New or noteworthy program
Ratings: (Y)All children (Y7) Directed to older children (G) General audience

Wipeout (CC) (PG) Cosby Show

Wipeout Ahoy, Ye Land Lubbers. Wipeout (CC) (PG) Cosby Show Cosby Show
> Raymond > Raymond

Red Handed
> Raymond

Red Handed
> Raymond

Top 20 Most Shocking (PG)


> Raymond King of Queens > CSI Man Up. A call girl is found dead. (CC) (HD) (PG) Behind the Music Ne-Yo. (HD) My Fair Wedding With David Tutera: Unveiled Momzilla. (PG) This Week in Football (HD)

Most Shocking King of Queens Friday (1995). (R) (CC) (HD) (12:01) Behind/Music Mr. Fair Wedding: Unveiled Wild Spirits

TVLAND Cosby Show

(N) New show or episode (CC) Closed-captioned (HD) High definition (PG) Parental guidance suggested (14) Parents strongly cautioned (MA) Mature audience only

> Law & Order: SVU Trials. (CC) > Law & Order: SVU Closet. (CC) > Law & Order: SVU Burned.

> Law & Order: SVU Influence.

(HD) (14) (HD) (14) Basketball Wives LA (HD) Chrissy & Jones Chrissy & Jones My Fair Wedding With David Tu- My Fair Wedding With David tera: Unveiled Inspired by Kim K. Tutera: Unveiled Momzilla. (PG) Yankees Classics From July 16, 2010. (CC) (HD)

(CC) (HD) (14) Chrissy & Jones Chrissy & Jones My Fair Wedding With David Tutera: Unveiled (N) (PG)

Prescription medications. (CC) (HD) Behind the Music T.I. T.I. (CC) My Fair Wedding With David Tutera: Unveiled Inspired by Kim K.

The TV ratings are assigned by the producers or network. Ratings for theatrical films are provided by the Motion Picture Association of America.

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

C7

Icarus Haunts a Verdi Work Thats Cloaked in Noir


From First Arts Page Sondra Radvanovsky, as Amelia. But the overall mood and look of the production are obvious and glib, despite the sleek, abstract imagery of Paul Steinbergs sets and the handsome suits and dresses by the costume designer Brigitte Reiffenstuel, which suggest the color schemes of a black-and-white film. As Verdi buffs know, he had particular trouble getting Antonio Sommas libretto for Un Ballo through the censors, who determined what could appear on an opera stage in Italy. Like many productions of Ballo these days, this one restores the initial Swedish setting of the libretto, which is loosely based on the historical King Gustavo, who was assassinated at a masked ball in Stockholm. But with its film noir imagery, this Ballo could be in any early-20th-century locale. The sets use intersecting and angular flat panels, sometimes with gray-ongray flowered images, sometimes starkly white. For the final ballroom scene, in which the king is killed, the walls are lined with mirrors that send blinding shafts of light around the stage and into the house. But the kings rooms are dominated by a huge, classical-style mural showing the mythological Icarus falling from the sky, after trying to fly with wings he made of feathers and wax, only to have them melt when he got too close to the sun. Ah, the king as Icarus. Get it? He is a self-absorbed monarch who invites disaster by shirking the needs of underlings and romancing the wife of his trusted adviser Renato (who in this setting is Count Anckarstrom). Icarus as a metaphor is heavy-handed enough. But a configuration of that mural looms over every scene, no matter where it takes place, and you get tired of looking at it. I wish Mr. Alden had stuck more closely to the film noir atmosphere, as he does effectively in the opening scene. During the prelude we see Gustavo dressed in a smoking jacket, looking discontented, sitting in a leather chair and sipping brandy, then dozing off. This image captures the mood of the music and gets at the kings character. The first lines sung by the courtiers (the Met choristers, sounding excellent, as usual) when they enter are to wish that the king be enlightened by beautiful dreams (though the conspirators among them mutter asides). Mr. lvarez, who has long boasted a major tenor voice, can be a blunt and inelegant singer and an indifferent actor. But Mr. Alden and Mr. Luisi do well by him. Mr. lvarez sings with subtlety, shadings and soaring lyricism. Now and Un Ballo in Maschera runs through Dec. 14 at the Metropolitan Opera House, Lincoln Center; (212) 362-6000, metopera.org. then he lunged at high notes, and the bottom of his range was weak. But this was one of his most dramatically charged and refined performances at the Met. Karita Mattila, who was to have sung Amelia, withdrew in May. The assignment went to Ms. Radvanovsky, who was splendid. Her earthy texture and quick vibrato are not to all tastes. But her voice shimmers with emotion and carries excitingly over the orchestra. She is a compelling vocal artist who knows what she is doing and brings intensity and deep feeling to every phrase. She was particularly moving in the scene in which her husband, here the charismatic baritone Dmitri Hvorostovsky, having discovered her in a rendezvous with the king, tells her to prepare to die. Confronting his wife, Mr. Hvorostovsky shook Ms. Radvanovsky by the shoulders, as if really ready to strangle her. But the next moment he nestled his

A little vaudeville in counterpoint to a bleak, bleak world.


head next to her face and kissed her, almost pleadingly, singing with his trademark dark sound and supple phrasing, which poignantly brought to life this suffering husbands love. The most overtly comic scenes, in the French manner, involve Oscar, the page, a pants role, played here by the brightvoiced coloratura soprano Kathleen Kim, wearing a bit of a goatee. During the sassy chorus that ends the first scene, Ms. Kim led the courtiers in a vaudeville routine, complete with shuffling dance steps. As choreographed by Maxine Braham, the routine was a little too cute. Still, the silliness put an aptly weird spin on Verdis nod to the sardonic, French-styled humor. The scene with Ulrica, the fortuneteller, represents the Italianate Verdi at his most bleak and ominous, and this production has the powerhouse mezzo-soprano Dolora Zajick in the role. This was Mr. Aldens first time taking on an entire Met production. Just this summer I saw two of his productions elsewhere: a bold staging of Brittens Billy Budd at the English National Opera in London, and a handsome, vivid presentation of a Rossini rarity, Maometto II, at the Santa Fe Opera. In comparison, his Ballo comes across as much less assured, too reliant on the obvious. Something about the Met, with all its history and influence, has a way of throwing even internationally acclaimed directors off their game.

SARA KRULWICH/THE NEW YORK TIMES

Marcelo lvarez and Sondra Radvanovsky in David Aldens new production of Un Ballo in Maschera.

Americana at Its Most Felonious: A Look at the Game Grand Theft Auto V
From First Arts Page cused on a protagonist.) Yet its still Grand Theft Auto: In a demo version one character pours a ring of gasoline around a truck and lights it on fire. During a recent conversation in SoHo, Dan Houser, Rockstars head writer and vice president for creative as well as the brother of the studio president, Sam Houser spoke about what he and Rockstar are trying to achieve with Grand Theft Auto V, how his Englishman-in-New-York status informs his writing, and whether he thinks the studio has changed with time.These are edited excerpts from the conversation; a longer version can be read at nytimes.com/arts. Q. What do you want people to get out of the games that you make? A. Obviously, we want them to be entertained. We want them to be stimulated, questioned, amused, all of the other higher and lower things one gets Dan Houser from entertainment. Books tell you something, movies show you something, games let you do something. Open-world games have an enormous strength, creatively. As well as letting you do something run around, fly a helicopter, be the hero, be the antihero, whatever they also let you be in the world, passively. So weve taken some of the things the director used to control within the movie and handed it to you as the consumer of the medium. We have a vision for what we think interactive entertainment can become, and each time we get closer to realizing those ambitions. Q. What is that vision? A. Its the stuff were trying to realize with this game. Its a world brought to life, in which you are able to exist and explore and have the benefits of some kind of narrative pull-through, a world that exists and doesnt exist at the same time. Weve made something that sort of is Los Angeles and sort of isnt. And thats deliberate, that it isnt an exact replication of it. We wanted this post-crash feeling, because it works thematically in this game about bank robbers. And that seems like its going to endure through the next year. Q. Is it fair to say that your games are satires of American culture? A. I think its fair to say that they are set in a world that is a satire of American media culture. Q. Does your Britishness give you a perspective on this country that illuminates your satire?
A. I dont think anyone in America real-

ly understands what growing up in Britain in the 70s and 80s was like. Eighty percent of the television was American. Every movie you saw was American. Even though there are all these great British pop stars, 95 percent of them sing in American accents, and they all sing in an American idiom. So there was a great love of America, and maybe some junior-partner resentments for it. But its a very different relationship compared to Americas contemporary relationship with Britain, where a few small things are cherrypicked and told how wonderful they are. My brother and I have a certain perspective as people from London who then moved to New York. But the guys in Scotland at our Rockstar North studio, they have a different perspective, as people who never lived here. And then Lazlow Jones, who writes a lot of the satire with me, is a good ol boy from Oklahoma. The games have always been, in some ways, a British response to Americana, rather than America. But its not just that. changed your approach to video games?

game we made, if for no other reason than showing that we could make an interesting game about anything.
Q. I hear the episode when a fan un-

locked some hidden code inside Grand Theft Auto: San Andreas and ended up prompting a Federal Trade Commission inquiry was traumatic for your company. A. Its quite hard having your in-box read by lawyers, in a country where youre only a resident. It was a really tough time, it shook us to our core, and we found it very, very unpleasant to go through. As anyone would, being told off for stuff when you felt it was the medium you worked in that was under attack, not the nature of the content.
Q. There are people who still arent de-

lighted by the treatment of women in your games.

A. Of course. But is their argument that

A scene from Grand Theft Auto V, set in a city that looks very much like Los Angeles. Players can fly this helicopter, as well as a plane.
A. In terms of whether were too old to

Q. Youre now 39. Has growing older

be prancing around in allegorical spandex, no, I dont think so. I suppose our reputation as a company was that were profoundly antisocial, histrionic and looking to be controversial. And we sim-

ply never saw it in that light. We saw ourselves as people who were obsessed by quality, obsessed by game design. I would use as Defense A the game called Rockstar Games Presents Table Tennis. For us, that was as important as any

in a game about gangsters and thugs and street life, there are prostitutes and strippers that that is inappropriate? I dont think we revel in the mistreatment of women at all. I just think in the world were representing, in Grand Theft Auto, that its appropriate. Auto I can think of that someone is doing in a different medium is the work of David Simon, who has tried to capture cities, in The Wire but even more so in Treme. Its quite different, but TV is similar in the sense that people spend 30, 40 hours with a show.

Q. The closest thing to Grand Theft

A. I havent seen Treme. I never even

saw The Wire. One of my weird disciplines is that I dont really watch a lot of those shows, if they relate to what we do. I only watched a tiny bit of The Sopranos. No Boardwalk Empire. No Breaking Bad. Wherever its too close to crime, gangster, underbelly fiction, and its supercontemporary, I decided, for professional reasons, I have to avoid it. left to do with Grand Theft Auto V?

Q. At this stage in the process, whats A. We are editing, fixing, removing, re-

placing, adding, avidly. Its the equivalent of, if you wrote a book, and you had two million spelling mistakes. And you had to do them by hand, in a language you didnt understand. But once its working, you can sit there and watch the world go by. I still find that magical about them. You dont get that with anything else. The life might be fake, but its still the closest weve come to a living artwork. I think thats the core appeal of them.

IMAGES FROM ROCKSTAR GAMES

Remember the Neediest!

Trevor, another of the playable characters in Grand Theft Auto V, which will be introduced next spring.

C8

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

Weather Report
s V Vancouver 20s er
Se e eattle Portland a Eugen ene Billi Billings li

Meteorology by AccuWeather

0s
Reg Regina

10s
Winnipeg eg

20s
Quebec c Montreal al

Metropolitan Forecast
TODAY ............................... Clouds, some sun
30s
H Halifax

40s 0

Spokane

10s
Helena

20s
Bisma mar marck Fargo

Ottaw ttawa

40s Portland Por


Burlington n on Albany M Ma Manchester Bos Boston Har Hartford a N New York

30s

B Boise Minneapol neapolis eapoli

50s
S St. Paul l Milwauk kee Sioux Falls o x Fall Fal Des Moine e es Detroit Cleveland Indianapolis i Topeka Kansas Springfield gfield i City St. Louis Ch e Charleston Louisville Nashville e Memphis Pittsburgh rgh Toronto Toronto onto ont nto to t Buffalo Pi Pi e Pierre

High 55. Clouds will limit sunshine as a frontal boundary develops nearby. A few northern and western suburbs may have a shower, but most of the area will be dry and a little milder than yesterday.
TONIGHT .................................... Partly cloudy Low 47. The night will be milder than recent nights. The sky will be partly cloudy, on average, and the area will be rain-free. There will be a light breeze from the south. TOMORROW ............... Mostly sunny, warmer

TODAY 70 M T W T F S S M T W
Record highs

40s 40s
Salt Lake City San Franc S Franc co ncisco Fres esn esno Las Vega Vegas Casper Cheyenne e

50s 50s 0

Reno eno

60s
Omaha Om

Chicago o

60

Ph Phi Philadelphia Wash Washington ash Richm chmond

40s
Denver ve e er Co Colorado o S Springs g

40s

50s

60s
Charlo arlot arlotte Columb bia

N Norfolk

Normal highs

30s
Santa Fe Fe

Wichita Oklahoma City

Raleigh gh

Los Angeles An A San Diego o Phoe x hoe hoenix Tucson

7 70s
Little Rock

Albuquerque bu buq Lubbock E El Paso Dallas Ft. W Worth

6 60s

Birmingham m

Atlanta

High 63. The frontal boundary will move away to the north, and a southwest flow of very mild air will set in. The day will be dry with a good deal of sunshine.
MONDAY ................... Partly sunny and warm A south to southwest breeze will couple with periodic sun to make for an unseasonably mild day. Conditions will remain rain-free. Wind will be from the south to southwest at 7 to 14 miles per hour.
Nassau

50

Jackson n Baton Rouge o Mo Mobile New Orleans

70s

80s 0
Honolulu

70s 70s 0s 0

70s

80s
San Antonio Ho ouston

J Jacksonville O Orlando

40

Normal lows

H Hilo

70s 90s s
C Corpus Christi

Tampa a

Miami

10s 20s 20 0s 0s <0 0

80s

M Monterrey

TUESDAY WEDNESDAY ....................... Rain, then colder

30

Weather patterns shown as expected at noon today, Eastern time. TODAYS HIGHS

Fairbank F ank nks

<0

0s

10s

20s

30s

40s

50s

60s

70s

80s

90s

100+

30s
Anchorag horag horage rage Juneau eau au COLD WARM

H
FRONTS STATIONARY COMPLEX COLD

L
MOSTLY CLOUDY SHOWERS T-STORMS RAIN FLURRIES SNOW ICE PRECIPITATION

HIGH LOW PRESSURE

A cold front will move in on Tuesday, bringing some rain and maybe a thunderstorm. The high will be 60. Wednesday will be breezy and cooler with some sun and a high of 50.

Actual High Low

Forecast range High Low


Record lows

40s

Highlight: Severe Weather Returns to the Plains


The same storm dropping more snow across the Rockies and northern High Plains will return severe weather to other parts of the Plains starting late this afternoon. Damaging winds and hail are the greatest dangers, but a tornado or two could touch down. By Sunday, a solid line of rain and heavy thunderstorms will form and stretch from Michigan to eastern Texas.

National Forecast
Warm air will continue to push from the Plains to the East today. High pressure along the Carolina coast will produce a southwest flow from Texas to the Ohio Valley. Temperatures will rebound to abovenormal levels over much of the Atlantic Seaboard and could challenge records in the middle of the nation. Chilly air will resist over the Great Lakes and interior Northeast. Meanwhile, a major storm will continue to push slowly out of the West. Blizzard conditions will reach from part of Wyoming to western and northern North Dakota. A wintry mix will lead to slippery travel south and east of the blizzard. Severe thunderstorms will erupt late in the day over the Plains. Rain and mountain snow will diminish along the Pacific Coast.

Metropolitan Almanac
In Central Park for the 16 hours ended at 4 p.m. yesterday.
Temperature
Record high 75 (1975)

Precipitation (in inches)


Yesterday ............... 0.00 Record .................... 3.65 For the last 30 days Actual ..................... 3.25 Normal .................... 4.14 For the last 365 days Actual ................... 40.11 Normal .................. 49.93
LAST 30 DAYS

L
Cold air

70

THU.

YESTERDAY

Late day

60

53 3 p.m.

Normal high 56

Air pressure
50
Normal low 44

Humidity
High ............. 56% 1 a.m. Low.............. 32% 2 p.m.

Overnight

High ............. 30.09 noon Low ............ 29.95 1 a.m.

40

Heating Degree Days


An index of fuel consumption that tracks how far the days mean temperature fell below 65

Mild air

30

36 5 a.m.

Record low 24 (1976)

Yesterday ................................................................... 20 So far this month ...................................................... 201 So far this season (since July 1) .............................. 445 Normal to date for the season ................................. 437

Cities
High/low temperatures for the 16 hours ended at 4 p.m. yesterday, Eastern time, and precipitation (in inches) for the 16 hours ended at 4 p.m. yesterday. Expected conditions for today and tomorrow.

C ....................... Clouds F ............................ Fog H .......................... Haze I............................... Ice PC........... Partly cloudy R ........................... Rain Sh ................... Showers
N.Y.C. region New York City Bridgeport Caldwell Danbury Islip Newark Trenton White Plains United States Albany Albuquerque Anchorage Atlanta Atlantic City Austin Baltimore Baton Rouge Birmingham Boise Boston Buffalo Burlington Casper Charlotte Chattanooga Chicago Cincinnati Cleveland Colorado Springs Columbus Concord, N.H. Dallas-Ft. Worth Denver Des Moines Detroit El Paso Fargo Hartford Honolulu Houston Indianapolis Jackson Jacksonville Kansas City Key West Las Vegas Lexington Yesterday 53/ 36 0 54/ 36 0 54/ 35 0 52/ 35 0 53/ 38 0 55/ 36 0 54/ 34 0 52/ 34 0 Yesterday 49/ 34 0 62/ 44 0.13 33/ 28 0.06 68/ 44 0 53/ 40 0 85/ 64 0 56/ 34 0 75/ 54 0 68/ 42 0 41/ 26 Tr 53/ 38 0 47/ 40 0 46/ 32 0 65/ 31 0 67/ 36 0 66/ 39 0 55/ 48 0 60/ 45 0 52/ 43 0 68/ 37 0 57/ 45 0 50/ 26 0 83/ 63 0 62/ 38 0 63/ 56 0 54/ 45 0 79/ 58 0 38/ 32 0 53/ 34 0 86/ 72 0 82/ 63 0 62/ 48 0 73/ 47 0 70/ 42 0 75/ 60 0 72/ 68 0 62/ 45 0 59/ 42 0

S ............................. Sun Sn ....................... Snow SS ......... Snow showers T .......... Thunderstorms Tr ........................ Trace W ....................... Windy .............. Not available
Today 55/ 47 PC 52/ 46 PC 56/ 40 PC 51/ 39 PC 54/ 45 PC 57/ 45 PC 56/ 41 PC 54/ 43 PC Today 50/ 40 C 58/ 30 W 38/ 29 Sn 70/ 47 S 55/ 46 PC 83/ 67 PC 61/ 40 S 74/ 62 PC 72/ 46 S 40/ 21 PC 54/ 44 PC 51/ 47 C 43/ 37 C 32/ 7 Sn 70/ 40 S 71/ 42 S 68/ 53 C 66/ 47 S 64/ 47 PC 48/ 19 C 68/ 47 S 48/ 33 PC 78/ 67 W 46/ 17 Sn 74/ 47 C 64/ 49 PC 72/ 44 W 38/ 23 R 50/ 41 PC 84/ 72 S 81/ 69 PC 68/ 49 PC 74/ 55 PC 74/ 53 S 74/ 48 W 78/ 71 PC 56/ 42 PC 70/ 46 S Tomorrow 63/ 52 S 60/ 50 S 64/ 43 S 62/ 41 S 62/ 50 S 64/ 50 S 64/ 46 S 61/ 47 S Tomorrow 59/ 44 S 42/ 20 PC 38/ 26 PC 70/ 57 S 60/ 52 S 82/ 47 T 68/ 45 S 78/ 64 PC 73/ 58 PC 39/ 27 S 64/ 51 S 66/ 52 S 57/ 44 S 25/ 13 S 70/ 52 S 71/ 53 PC 66/ 37 Sh 68/ 55 PC 66/ 53 S 26/ 14 SS 68/ 54 S 57/ 40 S 76/ 43 T 38/ 18 SS 51/ 24 R 67/ 51 W 55/ 29 PC 27/ 12 SS 62/ 46 S 84/ 72 S 82/ 60 T 65/ 48 W 74/ 55 PC 76/ 58 PC 56/ 24 R 79/ 73 PC 56/ 38 S 68/ 54 S

Little Rock Los Angeles Louisville Memphis Miami Milwaukee Mpls.-St. Paul Nashville New Orleans Norfolk Oklahoma City Omaha Orlando Philadelphia Phoenix Pittsburgh Portland, Me. Portland, Ore. Providence Raleigh Reno Richmond Rochester Sacramento Salt Lake City San Antonio San Diego San Francisco San Jose San Juan Seattle Sioux Falls Spokane St. Louis St. Thomas Syracuse Tampa Toledo Tucson Tulsa Virginia Beach Washington Wichita Wilmington, Del. Africa Algiers Cairo Cape Town Dakar Johannesburg Nairobi Tunis Asia/Pacific Baghdad Bangkok Beijing Damascus Hong Kong Jakarta Jerusalem Karachi Manila Mumbai

73/ 64/ 63/ 72/ 77/ 47/ 55/ 68/ 73/ 55/ 80/ 65/ 74/ 56/ 77/ 53/ 52/ 48/ 54/ 64/ 40/ 60/ 49/ 56/ 36/ 82/ 65/ 58/ 56/ 88/ 46/ 51/ 32/ 72/ 84/ 47/ 73/ 56/ 79/ 77/ 56/ 57/ 80/ 56/

52 50 46 50 64 45 43 40 60 38 60 50 52 39 56 38 32 32 34 37 27 36 39 38 30 66 57 46 41 75 32 45 20 54 76 38 54 43 55 61 40 40 59 37

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.11 0 0 0 0.93 0 Tr 0.02 0.06 0 Tr 0 0.11 0 0 0 0 0 0.02 0 0 0 0 0

74/ 65/ 72/ 74/ 76/ 62/ 60/ 70/ 76/ 66/ 72/ 76/ 76/ 58/ 65/ 64/ 47/ 48/ 51/ 69/ 39/ 68/ 52/ 54/ 38/ 82/ 64/ 58/ 56/ 86/ 44/ 60/ 32/ 74/ 86/ 50/ 77/ 66/ 62/ 74/ 65/ 64/ 78/ 58/

57 48 50 55 68 51 39 46 63 44 59 35 59 45 48 45 33 36 41 41 18 43 44 33 24 69 50 45 39 74 34 25 18 57 76 42 60 46 40 63 46 46 47 42

PC C S PC PC C R S PC S W T PC PC PC S PC PC PC S SS S C PC SS PC C PC PC PC PC T PC PC T C S PC PC W S S W PC

73/ 69/ 70/ 71/ 79/ 62/ 41/ 71/ 78/ 70/ 62/ 41/ 79/ 66/ 64/ 69/ 55/ 49/ 63/ 73/ 42/ 72/ 68/ 55/ 33/ 82/ 66/ 59/ 57/ 86/ 47/ 31/ 34/ 69/ 86/ 69/ 80/ 67/ 56/ 66/ 71/ 69/ 52/ 65/

45 52 55 49 72 37 23 55 68 52 33 21 63 49 45 50 44 43 50 53 25 50 50 34 24 50 49 45 36 74 42 14 25 36 74 48 65 52 37 33 54 50 26 47

PC S PC PC PC Sh C PC PC S T C PC S S S S R S S S S S S PC PC S PC S Sh R PC PC PC T S PC W S T S S R S

New Delhi Riyadh Seoul Shanghai Singapore Sydney Taipei Tehran Tokyo Europe Amsterdam Athens Berlin Brussels Budapest Copenhagen Dublin Edinburgh Frankfurt Geneva Helsinki Istanbul Kiev Lisbon London Madrid Moscow Nice Oslo Paris Prague Rome St. Petersburg Stockholm Vienna Warsaw North America Acapulco Bermuda Edmonton Guadalajara Havana Kingston Martinique Mexico City Monterrey Montreal Nassau Panama City Quebec City Santo Domingo Toronto Vancouver Winnipeg South America Buenos Aires Caracas Lima Quito Recife Rio de Janeiro Santiago

86/ 88/ 55/ 63/ 88/ 79/ 82/ 72/ 66/

57 62 37 57 78 64 68 54 57

0 0 0 0.64 0.24 0.04 0 0 0

84/ 86/ 59/ 70/ 89/ 71/ 86/ 70/ 66/

57 63 46 46 77 54 70 57 50

S C C R R PC S S S

83/ 88/ 50/ 56/ 88/ 74/ 71/ 71/ 61/

55 64 41 42 77 52 64 54 59

S S Sh S R PC R S C

4 p.m.

12 a.m.

6 a.m.

12 4 p.m. p.m.

Trends

Avg. daily departure from normal this month .............. 8.0

Avg. daily departure from normal this year ................ +2.5

Temperature Average Below Above

Precipitation Average Below Above

Last

Reservoir levels (New York City water supply)


Yesterday ............... 84% Est. normal ............. 69%

10 days 30 days 90 days 365 days

Yesterday 50/ 45 0.02 66/ 50 0 52/ 44 0.07 50/ 46 0 55/ 37 0 48/ 46 0.02 50/ 43 0.19 50/ 45 0.04 52/ 41 0 54/ 37 0.04 36/ 23 0 63/ 55 0 48/ 43 0.06 61/ 48 0.04 52/ 46 0 61/ 52 0.04 43/ 32 0.42 63/ 50 0.02 34/ 27 0.22 48/ 34 0.10 50/ 39 0 64/ 45 0 36/ 29 0.02 36/ 21 0 54/ 39 0.02 48/ 43 0.12 Yesterday 90/ 74 0 72/ 68 0.05 14/ 10 0.28 80/ 50 0 77/ 61 0 88/ 79 0 90/ 75 0 71/ 47 0 83/ 61 0 41/ 23 0 77/ 67 0 91/ 72 0.01 45/ 30 0 88/ 72 0 50/ 34 0 46/ 34 0 27/ 21 Tr Yesterday 86/ 63 0.63 91/ 73 0.14 72/ 61 0 66/ 52 0.02 84/ 72 0.06 82/ 73 0.08 68/ 52 0

Today 54/ 45 Sh 65/ 55 PC 53/ 47 Sh 55/ 41 Sh 52/ 40 C 48/ 46 Sh 48/ 37 PC 46/ 36 PC 54/ 47 R 53/ 48 R 43/ 36 PC 57/ 48 Sh 44/ 31 C 63/ 52 Sh 50/ 41 Sh 55/ 39 PC 39/ 23 S 58/ 55 R 43/ 39 Sh 55/ 41 Sh 53/ 41 C 64/ 60 PC 35/ 28 PC 45/ 37 C 53/ 45 PC 48/ 39 C Today 89/ 74 PC 74/ 70 PC 7/ -12 S 84/ 51 PC 79/ 59 PC 86/ 77 T 89/ 75 Sh 77/ 45 S 88/ 61 S 41/ 37 PC 76/ 70 PC 89/ 74 T 36/ 30 PC 86/ 70 T 50/ 46 C 43/ 30 PC 24/ 15 Sn Today 70/ 57 PC 90/ 75 T 74/ 58 PC 66/ 49 T 85/ 77 PC 79/ 73 Sh 70/ 48 PC

Tomorrow 51/ 43 Sh 68/ 57 PC 52/ 41 R 49/ 37 C 54/ 43 C 49/ 43 C 50/ 41 PC 47/ 34 PC 51/ 36 Sh 52/ 43 R 45/ 37 Sh 63/ 55 PC 44/ 34 PC 59/ 47 PC 48/ 40 PC 52/ 36 PC 34/ 27 C 62/ 52 Sh 45/ 35 R 51/ 37 PC 44/ 41 R 70/ 63 T 35/ 33 C 46/ 37 Sh 56/ 48 C 51/ 42 PC Tomorrow 89/ 73 PC 74/ 71 PC 11/ 1 S 83/ 49 PC 79/ 63 PC 85/ 77 T 88/ 75 PC 78/ 48 PC 88/ 59 PC 54/ 46 PC 80/ 73 PC 89/ 74 T 41/ 34 PC 85/ 71 R 60/ 50 PC 42/ 39 R 24/ 17 Sn Tomorrow 72/ 59 Sh 91/ 76 T 73/ 61 PC 67/ 51 T 85/ 77 Sh 87/ 74 C 82/ 55 S

Chart shows how recent temperature and precipitation trends compare with those of the last 30 years.

Recreational Forecast
Sun, Moon and Planets
New First Quarter Full Last Quarter Past peak Peak Nov. 13 5:07 p.m. Sun
RISE SET NEXT R S R R S

Northeast Foliage

Nov. 20 6:37 a.m. 4:42 p.m. 6:39 a.m. 8:52 a.m. 6:05 p.m. 5:22 a.m. 4:12 p.m.

Nov. 28 9:46 a.m. Moon


R S R R S R S

Dec. 6 2:37 a.m. 2:27 p.m. 3:48 a.m. 9:42 a.m. 6:45 p.m. 3:50 a.m. 3:24 p.m.

Near peak Some color Still green Burlington Portland Boston Albany

Jupiter Saturn

Mars Venus

Boating
From Montauk Point to Sandy Hook, N.J., out to 20 nautical miles, including Long Island Sound and New York Harbor. Wind will be from the northwest, then from the south, at 6-12 knots. Waves will be 2-4 feet on the ocean and 1 foot or less on Long Island Sound and on New York Harbor. Visibility mostly unrestricted. New York Pittsburgh Philadelphia

Washington Charleston Norfolk

Yesterday 86/ 68 0 79/ 68 0 73/ 57 0 86/ 77 0 66/ 52 0.02 75/ 61 0 79/ 57 0 Yesterday 91/ 69 0 93/ 82 0 55/ 36 0 73/ 52 0.14 82/ 77 0 95/ 79 0.18 66/ 58 0.12 90/ 68 0 90/ 79 0 88/ 72 0

Today 70/ 54 Sh 76/ 66 PC 82/ 63 PC 89/ 76 T 78/ 56 PC 73/ 62 T 74/ 67 PC Today 82/ 57 PC 97/ 80 S 43/ 26 R 64/ 52 C 84/ 73 Sh 91/ 76 T 61/ 53 Sh 87/ 68 S 88/ 79 T 91/ 72 S

Tomorrow 71/ 49 Sh 76/ 60 PC 73/ 61 PC 91/ 76 PC 77/ 58 PC 77/ 60 T 82/ 67 Sh Tomorrow 85/ 63 Sh 97/ 80 Sh 42/ 25 S 63/ 47 Sh 78/ 69 PC 91/ 77 R 60/ 52 R 92/ 66 S 90/ 76 T 91/ 73 S

High Tides
Atlantic City ................... 3:45 a.m. .............. Barnegat Inlet ................ 3:49 a.m. .............. The Battery .................... 4:28 a.m. .............. Beach Haven ................. 5:19 a.m. .............. Bridgeport ..................... 7:30 a.m. .............. City Island ...................... 7:17 a.m. .............. Fire Island Lt. ................. 4:47 a.m. .............. Montauk Point ................ 5:23 a.m. .............. Northport ....................... 7:25 a.m. .............. Port Washington ............ 7:03 a.m. .............. Sandy Hook ................... 4:01 a.m. .............. Shinnecock Inlet ............ 3:22 a.m. .............. Stamford ........................ 7:33 a.m. .............. Tarrytown ....................... 6:17 a.m. .............. Willets Point ................... 7:14 a.m. .............. 3:56 p.m. 4:04 p.m. 4:40 p.m. 5:34 p.m. 7:59 p.m. 7:47 p.m. 5:02 p.m. 5:40 p.m. 7:54 p.m. 7:33 p.m. 4:16 p.m. 3:37 p.m. 8:02 p.m. 6:29 p.m. 7:44 p.m.

Clouds and some rain will spread from northern parts of Ohio and Pennsylvania across much of New York to western New England. Farther south, the day will be partly to mostly sunny with a mild afternoon. Northern New England will also have some sunshine. Tomorrow will be quite mild and mainly dry.

D1

SATURDAY, NOVEMBER 10, 2012

The Life Of a Harness Horseman


Richard Taylor has been breeding, training and racing harness horses for more than 65 years. His grandson Victor J. Blue, a documentary photographer, has recorded the story of his passion for horses. Pages D4-5.

VICTOR J. BLUE

Lakers Fire Their Coach, And Jackson Is on Radar


By HOWARD BECK

Needing Offense, Knicks Still Cant Lose


By NATE TAYLOR

In a city ruled by star power, the Los Angeles Lakers are once again grasping for a beacon powerful enough to guide their glamorous roster. For the third time in 13 years, that search might end at the doorstep of a philosophizing legend with an awkward gait. The Lakers fired Coach Mike Brown on Friday after a 1-4 start to the season and began compiling a list of potential replacements. The list is expected to include Mike DAntoni, Mike Dunleavy, Brian Shaw and Nate McMillan, but no name holds more intrigue than that of Phil Jackson. Jackson, who led the Lakers to five championships between 2000 and 2010, left the franchise last year, in part because of health concerns and general fatigue. At the time, he sent signals that he was probably done for good. But Jackson, who turned 67 in September, has regained his strength and his energy after a year in retirement, and after operations to repair knee and hip problems, according to friends. There is no certainty that he would return, or that the Lakers will ask, but the mere possibility had fans and commentators buzzing Friday. The fact that the Lakers front office would not dismiss Jackson as a candidate only fueled the speculation. When theres a coach like Phil Jackson, one of the all-time greats, and hes not coaching, I think wed be negligent not to be aware that hes out there, General Manager Mitch Kupchak told reporters at an afContinued on Page D7

TheKnicks two most prolific scorers took turns torching theDallas Mavericks.Carmelo Anthonybullied his way to the basket, made jumpers in transition and converted 104 key free throws. When An- KNICKS thony went to the bench, MAVERICKS 94 J. R. Smith, the always-willing-to-pull-the-trigger sixth man, took over. On most nights, Coach Mike Woodson prefers defense over offense, a formula that led the Knicks to their best start (3-0) in more than a decade. But to keep the streak alive Friday night, Anthony and Smith needed to keep scoring. And score they did, combining for 53 points to

propel the Knicks to a 104-94 victory at Madison Square Garden. The last time the Knicks, the lone unbeaten N.B.A. team, were 4-0 came during the 1993-94 season, when they started 7-0 en route to the N.B.A. finals. On a night when the Knicks needed offense to erase a 9-point deficit and win they knew who needed to get the ball. We needed plays to happen, Smith said. I wanted to make them make decisions. Fortunately for me, they made the decision to leave me open and I made the shots. Woodson asked Smith (22 points) to give the Knicks the lead once Anthony (31 points) had to sit on the bench in the third quarter because of foul

trouble. Smith responded by scoring 7 consecutive points for the Knicks. The last basket from Smith in that short stretch, a 15-foot jumper, forced Dallas Coach Rick Carlisle to call a timeout. From that moment, the Knicks never relinquished their lead. Smith did not force his shot (8 of 16) too often, andhe was the player teammates looked for as the shot clock dwindled. Anthony said Smith needed to be the Knicks primary scorer in that situation. Jason Kidd felt the moment was important for Smith, whom the Knicks will likely turn to first when they need to get back into games. J. R. is by far the most athletic guy on our Continued on Page D7

Returning From a Beating, With Muscle


By TIM ROHAN

The room was quiet, his teammates hanging on his every word, when Montee Ball apologized for what he had not seen coming. Someone had called his name, he turned, saw a fist, then nothing. He awoke in a hospital bed with a concussion and a face swollen from five men kicking his head. Now, he assured his Wisconsin teammates he was fine. When he had returned for his senior year, he imagined a third straight Big Ten championship, a third straight Rose Bowl trip and a chance at the Heisman Trophy as the Badgers star running back. Now he doubted that vision, and he apologized for causing a distraction. The trouble had started at a Friday night party off campus on July 27. Ball said he had been there no more than 10 minutes when a fight broke out in the kitchen. Through all the commotion, he could barely see anything from the living room, he said. Once the fight ended, he left. Wisconsin football players had been involved, according to the Madison police. But there was no evidence that Ball had participated. Four nights later, in the early hours of Aug. 1, Ball was on University Avenue a well-lighted, popular area of Madison, Wis. with a handful of teammates, enjoying their last week off before the start of fall camp. Just a block from his apartment, Ball separated from the group, with two female friends walking in front of him. Someone called his name. Witnesses told the police what happened next. Ball was knocked down; the five men stomped on Balls chest and face; one of the girls threw herself on top of Ball; and as the men fled, one of them reportedly yelled, Continued on Page D3

ELSA/GETTY IMAGES

Carmelo Anthony scored 31 points to help the Knicks move to 4-0 for the first time since 1993-94. They are the last unbeaten team in the N.B.A.

D2

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

PRO FOOTBALL

BASEBALL

Bears Are Scoring at Will, and Thats Just the Defense


By BEN STRAUSS

LAKE FOREST, Ill. As the Chicago Bears defense terrorizes offenses around the N.F.L., piling up turnovers and scoring touchdowns at a rate a modest offense might find impressive, a mantra has emerged at Halas Hall, the teams practice site. When players and coaches were asked this week who was responsible for what has been a recordsetting season for the unit, the answer was always the same: The star of our defense is the defense. Coach Lovie Smith said, You know you have something special

No Surprise: 3 Yankees Turn Down 1-Year Offers


By JORGE ARANGURE Jr.

Aging players bring continuity to a ferocious unit.


when guys arent really worried about what theyre getting, but when theyre excited about what their teammate is doing. The walls in the lobby of Halas Hall are lined with photographs and plaques commemorating the franchises storied tradition of powerful defenses. In one picture, a young Dick Butkus wears a scowl and a crew cut. Mike Singletary glares from his linebacker position in another. This years unit has been every bit as frightening, playing at a frenetic pace and with a ferocity that befits the great defenses that inspired the nickname the Monsters of the Midway. The Bears (7-1) head into Sunday nights matchup with the Houston Texans with seven interceptions returned for touchdowns through eight games, the most ever by an N.F.L. team at this point in a season. They lead the league with 28 turnovers forced 17 interceptions and 11 fumble recoveries a staggering rate of nearly one per quarter. Just about everyone on the defense, as the Bears are quick to point out, has contributed. A bruising line has helped account for 25 sacks and freed linebackers Brian Urlacher and Lance Briggs to roam the middle of the field. Cornerbacks Tim Jennings and Charles Tillman have been outstanding, each earning an N.F.C. Defensive Player of the Month award this season. The first quarter of last weeks 51-20 win over the Tennessee Titans illustrates how offensiveminded the defense is. The Bears recovered two fumbles both forced by Tillman and Urlacher returned an interception for a touchdown. (Chicago also blocked a punt and returned it for a score.) Tillman forced four fumbles in the game, and Urlacher had a forced fumble and recovery

PHOTOGRAPHS BY JOE HOWELL/ASSOCIATED PRESS

Brian Urlacher, above left, has played all 13 of his seasons in Chicago. If the headphones went out, all three of them could call most of the plays, Coach Lovie Smith, left, said of Urlacher and two other mainstays, Lance Briggs and Charles Tillman.
other. They may not mean anything to anyone else, but they mean something to us. We trust each other. Three years ago, the Bears signed the standout defensive end Julius Peppers. Now 32, Peppers anchors the line. The ages of the defenses marquee players prompted preseason questions. Through eight weeks, the questions have been answered, resoundingly. You all are the ones calling us old, Tillman said to reporters this week. We dont feel old. The Bears also continue to run a relatively traditional defense, the Cover 2. It is highlighted by zone coverages and deep safeties and predicated on allowing offenses to complete short passes and then attacking the receivers. Both Smith and Rod Marinelli, the defensive coordinator since 2010, are disciples of Tony Dungy, who made the scheme famous in Tampa Bay in the late 1990s. The turnovers, Marinelli said, are part and parcel of the Cover 2, as is the mind-set of collectivism. It comes from having a belief in something, he said. We dont waver in the system or in the way we play. Were fast, and it allows us to get a bunch of people to the ball. The zones allow us to get more speed to the ball and then you have a chance to strip them. Its not mystical. The numbers, too, suggest a product that is consistent, not magical. Since Smith took over in 2004, the Bears lead the league in take-aways with 294, 32 more than the next closest team, the New England Patriots. The difference this season is that the turnovers are quickly turning into points. At any given time, anyone on this defense can score, Urlacher said. We didnt have that back in the day. And it has drawn attention beyond the N.F.L. On Monday night, on the eve of the election, President Obama appeared on ESPNs Monday Night Football broadcast and declared that the Bears had the best defense in the league. Its a high compliment, Briggs said. It doesnt get any higher.

to go along with the interception. You dont see that often, if ever, quarterback Jay Cutler said. To see so many turnovers, so many short fields, touchdowns again. Its remarkable. In training camp, the Bears offense garnered most of the attention with the addition of wide receiver Brandon Marshall. Meanwhile, the defense returned a unit of aging, albeit familiar players with noteworthy track records. But in a league built on adjustments between games, between plays and from season to season that continuity has served Chicago well. Urlacher, 34, has played all 13

of his seasons with the Bears. Tillman and Briggs, both 31, were taken in the second and third rounds of the draft by the Bears in 2003. Smith is in his ninth year, among the longest-tenured head coaches in the league. It doesnt happen a lot, and to be able to do it, I cant tell you how much it does mean for the team, Smith said, adding, If the headphones went out, all three of them could call most of the plays. Urlacher said of Briggs: Hes my best friend on the team. Weve been around each other for a long time, and we know what certain words mean to each

INDIAN WELLS, Calif. Nobody really wants to believe the Yankees are aiming to become fiscally responsible, relatively speaking, but in making qualifying offers this off-season to Rafael Soriano, Nick Swisher and Hiroki Kuroda, the team showed a reluctance to make a long-term commitment to any player at this point. While they might not be aiming to be as thrifty as the Mets, the Yankees no longer want a bloated budget. So Fridays news that all three players had declined the teams qualifying offer was not considered a setback. Im not surprised whatsoever, Yankees General Manager Brian Cashman said. I expected it. The Yankees would have been content if any of the three players accepted the one-year, $13.3 million offer a designation created in last years collective bargaining agreement for teams to be compensated for losing free agents. The figure is the average salary of the top 125 players. At worst, the Yankees will lose all three players but gain draft picks. At best, the Yankees would have had three standout players on one-year contracts, which would have allowed them to slowly get under the $189 million luxury-tax threshold in 2014. The Yankees payroll is still expected to be more than $200 million this season. With all three declining the teams offer, the Yankees will now begin to determine which of the three players, if any, will come back. The most likely candidate is Kuroda, who has said he is seeking only a one-year deal but is probably looking for more money than $13.3 million. Kuroda is also having conversations with the now free-spending Los Angeles Dodgers, who could offer more than the Yankees might be willing to pay. Swisher and Soriano are looking for multiyear deals, which would seem to eliminate them

CALENDAR
TV Highlights
More listings are at tvlistings.nytimes.com, under the Sports-Events category.
8:00 p.m. Arizona Fall League, Military Appreciation Game 7:30 p.m. Dallas at Charlotte 4:00 p.m. Quinnipiac at Hartford 5:30 p.m. Yale vs. Sacred Heart 7:00 p.m. Central Florida at South Florida Boxing 9:45 p.m. Erislandy Lara vs. Vanes Martirosyan 10:00 p.m. Abner Mares vs. Anselmo Moreno Football / College Noon Arkansas at South Carolina Noon Louisville at Syracuse Noon Northwestern at Michigan Noon Wisconsin at Indiana Noon Army at Rutgers Noon Louisiana-Lafayette at Florida Noon Kansas at Texas Tech Noon Harvard at Penn Noon Cincinnati at Temple Noon Princeton at Yale 12:30 p.m. Georgia Tech at North Carolina 12:30 p.m. Colgate at Lehigh 1:30 p.m. Colorado at Arizona 3:00 p.m. Oregon State at Stanford 3:30 p.m. Texas A&M at Alabama 3:30 p.m. Penn State at Nebraska 3:30 p.m. West Virginia at Oklahoma State 3:30 p.m. Maryland at Clemson 3:30 p.m. Baylor at Oklahoma 3:30 p.m. Air Force at San Diego State 5:00 p.m. Tulsa at Houston 7:00 p.m. Kansas State at Texas Christian 7:00 p.m. Mississippi State at L.S.U. 7:00 p.m. Georgia at Auburn 7:00 p.m. Vanderbilt at Mississippi 7:00 p.m. Southern Mississippi at Southern Methodist 7:00 p.m. Boise State at Hawaii 8:00 p.m. Notre Dame at Boston College 10:15 p.m. Idaho at B.Y.U. 10:30 p.m. Oregon at California 10:30 p.m. U.C.L.A. at Washington State 10:30 p.m. Fresno State at Nevada Golf 1:00 p.m. Childrens Miracle Network Hospitals Classic 10:00 p.m. Barclays Singapore Open Soccer / Men 9:55 a.m. Arsenal vs. Fulham English Premier League 10:00 a.m. Everton vs. Sunderland 12:30 p.m. Aston Villa vs. Manchester United Baseball Basketball / N.B.A. College Basketball / Men MLB NBA TV SNY SNY SNY HBO SHOW CBS ABC ESPN ESPN2 ESPNU MSG MSGPL NBCS SNY YES IND CBSSN FX FOX CBS ABC ESPN2 ESPNU MSGPL NBCS CBSSN FOX ESPN ESPN2 ESPNU MSGPL NBCS ABC ESPNU ESPN ESPN2 NBCS GOLF GOLF ESPN2 FSC FSC

SPORTS BRIEFING
BOBSLED
lead at the Lorena Ochoa Invitational in Guadalajara, Mexico. Michelle Wie, a first-round coleader, shot a 75 to fall eight (NYT) strokes off the pace. fourth quarter of Pittsburghs 24(AP) 17 win. New England Patriots running back Brandon Bolden was suspended for four games without pay for violating the leagues policy on performance-enhancing substances. The substance was (AP) not specified.

Jones Takes Silver


In her bobsled debut, the track star Lolo Jones teamed with the driver Jazmine Fenlator to win silver in the World Cup opener at Lake Placid, N.Y., on Friday. The reigning world champion, Kaillie Humphries of Canada, easily won the gold. Another American track athlete, Tianna Madison, teamed with Elana Meyers for bronze. Im kind of in shock, said Jones, a two-time Olympic hurdler. Little did I know coming out here would just like open up the floodgates to something just completely new for me. The Americans Steven Holcomb and Steve Langton, the reigning world champi(AP) ons, won the mens event.

BARTON SILVERMAN/THE NEW YORK TIMES

TENNIS

Rafael Soriano, who saved 42 games last season, is looking for a multiyear deal.
from returning to the Yankees next season. Im excited about the opportunities we have, Cashman said. I like the fact that we can continue dialogue with everybody that we would like to and still be in a position to gain draft picks as a worst-case scenario, which would benefit our farm system as we move forward. The Mets, meanwhile, know all too well about shrinking budgets, although they may now have a bit more leeway, in part because of the deferred payments that will be given to the departed Jason Bay. Shortly after leaving the general managers meetings here on Friday, General Manager Sandy Alderson said he expected the Mets payroll to be slightly higher than last years approximately $93 million. Its not finite yet, and Im not trying to be facetious, but I think there will be a little more flexibility, Alderson said. Where will it come from? The Jason Bay settlement, and theres a variety of other sources to that possible flexibility. I dont know yet exactly to what extent well have flexibility, but well have a little bit. Some of that money may be used for contract extensions for David Wright and R. A. Dickey, although Alderson reiterated Friday that the team was willing to listen to offers for Dickey, who won 20 games this past season. I think its always been a possibility; thats always something thats been understood by R. A., by his agent and by us, Alderson said. Doesnt mean its the preferred avenue.

Djokovic and Murray Advance to Semifinals


Top-ranked Novak Djokovic and No. 3 Andy Murray won their final group matches at the ATP finals in London, sending both into Sundays semifinals. Djokovic beat Tomas Berdych, 6-2, 7-6 (6). Murray, needing only to win a set to advance, defeated Jo-Wilfried (AP) Tsonga, 6-2, 7-6 (3).

BOXING

John Retains Title


Chris John made a 17th defense of his WBA super world featherweight title, unanimously outpointing Chonlatarn Piriyapinyo in a slugfest in Singapore. The bout featured all-out attack by two undefeated boxers intent on fight(REUTERS) ing on the inside.

PRO FOOTBALL HORSE RACING

SOCCER

Receiver Fined for Faking


The N.F.L. levied $50,000 in fines to the Pittsburgh Steelers and wide receiver Emmanuel Sanders for faking an injury in an Oct. 21 game in Cincinnati. Sanders grabbed the back of his leg and collapsed to the ground in the

Top Horses Nominated


Frankel, who retired with an unbeaten record, is among five nominations for Europes Horse of the Year along with Cirrus des Aigles, Excelebration, Nathaniel and Camelot. (AP)

Backe Wont Return


Less than 24 hours after they were eliminated from the playoffs in Major League Soccer, the Red Bulls announced that the contract of Hans Backe, the teams coach for the past three seasons, would not be renewed when it expires at the end of the year. In 98 regularseason games under Backe, the Red Bulls had a 41-26-31 record.
JACK BELL

GOLF

Leader Taken to Hospital


Charlie Beljan had trouble breathing before he teed off at the Disney PGA Tour event, but shot an eight-under-par 64 for a threeshot lead. He was taken to a hospital after the round, and there was no immediate announcement about his condition. His agent, Andy Dawson, said from the hospital: Hes waiting on some tests. Hes feeling a lot better. (AP) Angela Stanford shot a five-under-par 67 to take a two-stroke

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Lolo Jones, left, and Jazmine Fenlator after their second-place finish in the womens bobsled World Cup opener on Friday.

Do not forget the Neediest!

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

D3

COLLEGE FOOTBALL

Returning From Beating, Back Adds Muscle for Wisconsin


From First Sports Page men fled, one of them reportedly yelled, We got nine football players to go. Montee Ball Sr. said of his son: He is a perfect gentleman. You can go back to elementary school; Montees never been in a fight in his life, never been in an argument, never been in a scuffle, never been in trouble, never been in anything ever. Not in detention, nothing. When he was 8, Ball had made a deal with his father: follow the family rules as in get good grades and respect your elders and the family would do whatever it took to help him play professional football. Ball would never break curfew, because if he did, his father said,

MATCHUPS
Of the five unbeaten teams left in the Football Bowl Subdivision not counting Ohio State, which is ineligible for the Bowl Championship Series four are on the road Saturday against unranked opponents. As Oklahoma State found out last year, title contenders overlook these late-season trips at their peril.

Overcoming a personal setback and team upheaval.


youre probably grounded for the rest of your life. There was no bending, the elder Ball said. You just didnt break the rules. In his first year of playing, Ball bowled over other 8-year-olds. After practice, he ran and lifted weights on his own in the basement in Wentzville, Mo., 40 miles west of St. Louis. When Ball turned 11, the family hired a strength trainer, a speed trainer and a nutritionist. Balls first year was so impressive that his father, a graphic designer, told his employer he would be leaving his job in a decade to follow his sons football career. When Ball committed to Wisconsin, the family moved too. Montee Ball Sr., 41, wanted his son to feel safe and comfortable. Every Sunday, they still have a family dinner. Ball has his own room in their house, where he rested the day after he was beaten. While there, Ball was angry. The police eventually arrested three students, one of whom had been involved in the fight at the house party. Ball said he had been mistaken for someone else. He did not recognize the mug shots. Hes the kind of person: Ive done nothing wrong to people, so they should do nothing wrong to me, Balls father said. Weve been trying to explain to him, the worlds not like that. The lesson was, Be more conscious of whats going on around you. Ball was limited to noncontact drills for the first week and a half of fall camp. His balance and timing were not sharp when he returned.

STACY REVERE/GETTY IMAGES

Texas A&Ms Johnny Manziel.


NO REST FOR THE TIDE After pull-

ANDY MANIS/ASSOCIATED PRESS

Wisconsins Montee Ball (28) after scoring in the Badgers 38-13 home victory over Minnesota last month. Wisconsin is 6-3.
His dream of a final season turned nightmarish. Russell Wilson, last seasons all-conference quarterback, had graduated and become the Seattle Seahawks starter. Paul Chryst, the offensive coordinator and architect of Balls junior season 2,229 yards rushing, 39 touchdowns, a finalist for the Heisman had left to coach Pittsburgh. And Chryst had taken the offensive line coach, Bob Bostad, with him. The new offensive line coach, Mike Markuson, put in a new blocking scheme, asking linemen to plug holes, as though they were stopping a leak. Previously, they had been the aggressors, focusing on double teams, finishing blocks and attacking linebackers downfield. And that offensive line also featured three new starters, with guard Kevin Zeitler and center Peter Konz selected in the first two rounds of the N.F.L. draft. Ball wondered what would have happened if he had left for the N.F.L. after his junior season. The N.F.L. draft advisory board had pegged him as a third-round pick. He had scoffed at the assessment and had asked himself, What more do I have to do? But with Wilson gone, defenses crowded the line of scrimmage. Where Ball ran untouched last season, defenders now met him in the backfield. After his first ous workouts. Weighing 11 more pounds than he did last season, he started breaking more tackles. He started making his own holes. It flooded back, the patience, the balance, the timing. In a three-game stretch, Ball ran for 529 yards and 7 touchdowns. On one play, Bielema recalled, Ball hit a hole only he could hit, shook a safety only he could shake and took off. The play was prophetic, foreshadowing how the new, dogged Ball could run, and reminiscent, recalling how only he could excite this team. All was not lost, Ball realized. The Badgers are 6-3, and with a win over Indiana on Saturday they will probably play for the Big Ten championship, because Ohio State and Penn State are ineligible. Ball can still go to the Rose Bowl. The Heisman Trophy may be out of reach, but Ball needs just five more touchdowns to break the Football Bowl Subdivision career record. And N.F.L. scouts will note that more than half of his yards have come after contact. Last January after the Badgers Rose Bowl loss to Oregon, the locker room had been quiet. Players said goodbye to Wilson and Chryst, facing an uncertain future. Then Ball stood up, and the room hung on his every word. He said he would return for his senior year.

ing out a win in the game of the year (so far) against Louisiana State last Saturday, quarterback A J McCarron of No. 1 Alabama broke down in tears. But theres no crying in the Southeastern Conference, because here comes Johnny Manziel, the freshman quarterback who has excelled for No. 15 Texas A&M. He has struggled against top defenses, however. Using speed on the perimeter, L.S.U. and Florida held Manziel to an average of 43.5 yards rushing and 5.22 yards per pass attempt, and he had one rushing touchdown and no passing scores in the two games combined. Alabamas defense showed some vulnerability in Baton Rouge to a sledgehammer style, so the Aggies may be better served to pound away with running backs Ben Malena and Christine Michael. A bigger problem will be stopping the Tides running combo of Eddie Lacy and T. J. Yeldon, who is almost as spectacular a freshman as Manziel. If Alabama loses at home, Nick Saban will be the one weeping.
BERKELEY, BEWARE California

MICHAEL CONROY/ ASSOCIATED PRESS

two games a close win over Northern Iowa, and a loss to Oregon State, now ranked 13th Ball had only one touchdown. Coach Bret Bielema fired Markuson and reinstated the old blocking scheme. Still, Ball overcompensated and distrusted his vision. He ran impatiently, before any hole could open, and blamed himself for the offenses malaise.

On the sideline during games, Ron Dayne a former Wisconsin back and the 1999 Heisman winner encouraged and teased Ball. I never got caught on those long runs, he told him. It took six games for Ball to feel like himself again. Twice a week, he started lifting at 6 a.m. with the developmental group, consisting of third- and fourth-stringers, for more rigor-

isnt quite as awful as its 3-7 record, and has played well against ranked teams the Bears hammered U.C.L.A. and almost beat Ohio State in Columbus in September. But stopping Kenjon Barner, fresh off a 321yard, 5-touchdown effort against Southern California, and his fellow drag racers from No. 2 Oregon has proved impossible for anyone this season, much less a team ranked 71st in rushing defense. Fortunately for the locals, Berkeley is lovely in the fall.
BATTLE ON THE GROUND All eyes

Focusing on One Last Saturday, Despite the Tug of Retirement


By MIKE TIERNEY

ATLANTA On a gritty downtown block, intense rain and the specter of lightning shooed the Georgia State football team off its practice field Tuesday. The team found shelter next door in an empty warehouse, where preparations resumed in near darkness for the Panthers final game of the season and Bill Currys last in more than a half-century of playing, coaching, announcing and breathing football. With the expiration of a contract he signed in 2008 to become the head coach of this start-up program, Curry, three weeks beyond his 70th birthday, can no longer resist the tug of retirement. Nor the tug of five grandchildren, ages 4 through 15, and a soon-to-arrive sixth, all of whom will get to spend more time with the man called Bo. But there is one more Saturday inside a stadium against Maine and Curry was not about to allow inclement weather to interfere with game-planning that might rinse out the aftertaste of a bittersweet farewell season. Asked if the university had mentioned the possibility of his continuing, Curry said through a crooked smile, Have you looked at our record? One win, nine losses. There are no regrets, though, about hiring Curry to carry the team as it prepares to enter the Football Bowl Subdivision next season. What he brought was instant credibility, the universitys president, Mark Becker, said. Bill Curry was the right guy to help start this. Currys appeal was based less on career win percentage now .420 through nearly 20 seasons, including stints at Georgia Tech, Alabama and Kentucky than a quiet charisma, a reputation for

WADE PAYNE/ASSOCIATED PRESS

Georgia State Coach Bill Curry, left, who plans to retire, with Tennessee Coach Derek Dooley.
integrity and a professorial demeanor. He also brought a pedigree, having played in three of the first five Super Bowls as an offensive lineman for the Green Bay Packers and then the Baltimore Colts. His Packers coach, Vince Lombardi, preached faith and family as priorities over sports. Curry borrowed the mantra and tailored it to his young players, thus endearing himself to their parents. One of them recently sat in his compact and spartan office and said: Youve been good for my son. You cannot retire. To those who know Curry well, that kind of response was not a surprise. That program is on a solid foundation because it has the base for doing things the right way, said Vince Dooley, the re-

After a half-century in the game, Bill Curry wants more time with his family.
tired Georgia coach. Hes always been one that said and did the right things. Id put him up there with the other coaches I respect the most. Curry will miss the coach-aseducator role, arranging team trips before road games to historic sites like Colonial Williamsburg or parlaying the presidential election into a team lesson on how voting is a fundamental expression of freedom. He will miss football as a rite of passage for young men, a rallying point for a community, a way

for players of varied ethnic and socioeconomic backgrounds to compete on the same terms. He will even miss sobbing with a player who dealt with the physical and mental anguish of having his season ended by broken leg. As for the sports embrace of the bigger-is-better business model, Curry is eager to jump off that train before, he believes, it inevitably derails. Money, money, money, he said, head shaking. I understand we are in America, the land of capitalism. But were going to milk it until we destroy it. Five million a year for coaching salaries? As my wife says: Thats insane. Why do they do that? A universitys mission statement, he went on, does not include vying with the N.F.L. for

entertainment dollars, or amassing debt with football stadium face-lifts. Curry is sympathetic to players who reap no financial rewards from the use of their names and images, and he questions the N.C.A.A. assertion that the value of a scholarship should be sufficient. He would cap a teams schedule at 10 games, which reveals his stance on a playoff. I am old school, he said. None of those factors is ushering him toward retirement as much as the call of family is. Curry acknowledges feelings of guilt and regret for what he said was an inability to balance his work and home lives. Last year, his son, Bill Jr., said to him: You missed my childhood. Are you going to do the same with my children? Currys mind was already made up. The long hours that he has logged at four head coaching stops and multiple assistant jobs have added up. So have the nearly three dozen moves his family has endured. Im ashamed of that, he said of devoting too little attention to his two children. I was too busy trying to become coach of the year. His future is a virtual blank slate, unlikely to fill up as much. Maybe he will do some game analysis, since he had more than a decade of experience with ESPN before returning to coach. But nothing as consuming as becoming the athletic director at Georgia Tech, his alma mater, where the position is vacant. Instead he has a month to game plan for a significant engagement. On Dec. 15, Curry and his wife, Carolyn, who began dating when he was a player and she a cheerleader at a high school just miles from his current office, will celebrate their 50th anniversary, their union outlasting even footballs hold on him.

are on Collin Klein, the quarterback of No. 3 Kansas State, who sustained a concussion last week. Klein, a Heisman Trophy contender, is expected to play and thus provide a stiff challenge for Texas Christians run defense, eighth-best in the nation with 97 yards allowed per game. The Horned Frogs coach, Gary Patterson, is a Kansas State alum. His reception at the next reunion will be quite frosty if he leads T.C.U. to an upset that derails the Wildcats B.C.S. title hopes.

Boston Colleges Chase Rettig.

CHUCK BURTON/ASSOCIATED PRESS

NO STRANGER TO SPOILER No. 4

Notre Dame scared its fans last week, needing a triple-overtime effort to best Pittsburgh. Boston College ruined Irish unbeaten seasons in 1993 and 2002, meaning the Eagles are just about due to spoil another. Any chance for Boston College (2-7) hinges on quarterback Chase Rettig and his favorite target, Alex Amidon. Notre Dame needs style points almost as much as the real ones, and cannot allow this to be close if it hopes to leapfrog teams in the rankings.
DONT FORGET LOUISVILLE Wait,

you werent aware No. 11 Louisville was undefeated? Such are the hazards of swimming in the Big East kiddie pool. Syracuse (4-5) is ditching the conference it helped define, and would love to upset Teddy Bridgewater and the Cardinals, then run cackling off to the Atlantic Coast Conference.
ROBERT WEINTRAUB

D4

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

I want to know more about a horse tomorrow than I do today.

When Richard Taylor, 84, is not caring for or watching his horses compete, using a stopwatch to clock their speed, he attends to the barn, above, never leaving it unswept.

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

D5

Richard Taylor is a small-time horse breeder and trainer in central Indiana. Each day, Taylor rises early, hitches his filly and jogs her around the track, while counting and listening.

Horseman Builds Career on His Terms


By VICTOR J. BLUE

My grandfather Richard Taylor has bred, trained and raced harness horses for more than 65 years. He is among the last of a vanishing breed of horsemen. He lived through the Depression, served in World War II and went home to start a small farm in central Indiana. From there, my mothers father built a career as a small-time breeder and trainer, racing his own horses, living life on his own terms. In those days, it was mostly county fair racing for Indiana-bred horses and their trainers, before the parimutuel tracks were built and the casino money swelled the sport. He found moderate success in nearby states, raising champion horses that made their mark in Chicago and Lexington, Ky. Some years he trained for other owners, at other operations. His patience with his fillies and his careful training and attention to maternal bloodlines brought him a level of success greater than the size of his small operation. He still rises early each morning, hitches his filly, and jogs her around the dusty track once surrounded by fields. Now stately suburban homes and their manicured lawns run up to the fence posts. Clutching his stopwatch and holding the lines tight with one leg hanging down from the training cart, he feels, he counts and he listens. He works slowly, building up her speed, hoping it will peak on race day and put her in the money. He tells me: Theres something about a horse. I dont know who said it, but The outside of a horse is good for the inside of a man. He is a character. Tough as nails. Polite, but with a quick temper that does not put up with foolishness. Genuinely warm and interested in others, he can also be circumspect in his dealings with them. His Depression-era cast of mind keeps him from spending money on much of anything, and on his farm there is not a broken harness, a frayed halter or a punctured inner tube that cannot be fixed or saved for a rainy day.

Liberal in his politics, he reads widely and pores over The New Yorker week to week. He keeps a diary, short entries that repeat in a kind of rhythm: the fillys fastest mile for the day, the bills that got paid, the relatives that called. When I was a child growing up with my mother and brother at a distance from him and the farm, the horses, the races and the tall, quiet man intimidated me. When I grew up, I was fascinated by him, by the template of a future self I imagined. When I was 25, I moved to the farm thinking I would learn to groom horses and maybe get into training. We were two stubborn bachelors, one young, one old. I started photographing him then, but after a few cold months I moved on. Eventually I became a documentary photographer and worked around the country and around the world. Two and a half years ago, I went back and began this project because I wanted to tell the story of his passion for horses. I wanted to create a record of the man at this stage in his life. Photography is about time, and I wanted to hold on to some of it with him. As he has aged, there have been fewer successful training seasons, but he keeps going, quietly frustrated by the physical limitations of his 84 years. He does not talk much of the future, or how many seasons he might have left. He starts every spring like he did this year, with the promise of speed and soundness. His strategy to win races is not different from his strategy for living life. Quiet and calm, he likes to be fast out of the gate, sit back in the second spot, then get out clean at the top of the stretch and blow by at the finish. After all these years and so many horses, his approach has not changed. I want to know more about a horse tomorrow than I do today. This story is my exploration of my grandfather, of his passion for horses, and of what it means to be driven by the obsessions that keep us alive.

PHOTOGRAPHS BY VICTOR J. BLUE

Taylors success can be attributed to his attention to racehorse genealogies and his passion for horses, like his 3-year-old filly named CC Heartistry, left. He reads a registry of harness horses, above, to learn about lineages.

D6

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

COLLEGE BASKETBALL

SCOREBOARD
PRO BASKETBALL N.B.A. STANDINGS
EASTERN CONFERENCE Atlantic Knicks Philadelphia Brooklyn Boston Toronto Southeast Miami Atlanta Orlando Charlotte Washington Central Milwaukee Chicago Indiana Cleveland Detroit W 4 3 2 2 1 W 5 2 2 1 0 W 3 3 2 2 0 L Pct GB 1{ 2 2{ 3{ GB 2 2{ 3 4 GB

Pitino and Son Are on Same Path and Same Page


By WALTER VILLA

PRO FOOTBALL N.F.L. STANDINGS


AMERICAN CONFERENCE East N. England Miami Jets Buffalo South Houston Indianapolis Tennessee Jacksonville North Baltimore Pittsburgh Cincinnati Cleveland West Denver San Diego Oakland Kansas City Pct GB W L T Pct PF PA

MIAMI A decade ago, Rick Pitino tried to dissuade his son Richard from following him into the coaching profession. That didnt work. Pitino, who has led six teams to the Final Four, including last season at Louisville, said he had reservations last spring about Richard taking the head coaching job at Florida International University, which had fired Isiah Thomas. That advice went unheeded as well. On Sunday, Richard Pitino, 30, will travel to his native city to make his head coaching debut at Boston College. You try to make it about your team and not yourself, he said. But it does feel different running a team for the first time, even in practice. This is something special for me. Among active head coaches, he is the third youngest in Division I, and takes over a program that has had 12 straight losing seasons. Thomas, the former Knicks coach and executive, was dismissed with two years left on his contract and a 26-65 record. F.I.U. went 8-21 last season 2-9 at home and its five starters are gone. The leading returning scorer averaged 4 points. Some wonder whether Richard Pitino would have received this opportunity this quickly had it not been for his father, but Jay Bilas, for

one, believes F.I.U. made the right move. His knowledge of the game is considerable you cant ignore that, Bilas, an ESPN analyst, said. Its on a higher plane than almost anyone Ive known at his age. Rick Pitino said he tried to keep all five of his children from going into coaching because of the long hours and the toll life on the road can take on a family. All of them wanted to go into coaching at one point, and I was able to talk them out of it, except for Richard, Rick Pitino said. I told Richard to go into Wall Street, but he was the only one who was very quiet and didnt say anything. When Rick Pitino saw the passion his son had for coaching, he knew it was the right profession for him. In 2005, Richard Pitino was hired as an assistant coach at Northeastern and followed that with similar positions at Duquesne, Florida and two stints at Louisville, including one last season. He wasnt going to tell me to take it or not to take it, Richard Pitino said. I told him what I liked about it, what I didnt like about it. But in the end, it was me and my wifes decision. My only concern was: Why havent they won in so many years? Rick Pitino, who owns a home in Miami, had the same question. After his son was hired, Pitino visited F.I.U. for the first time and became convinced that his son had made the

J PAT CARTER/ASSOCIATED PRESS

Richard Pitino, 30, will make his head coaching debut on Sunday for Florida International.
right choice. I started at Boston University, an urban school, and I envisioned F.I.U. being located in downtown Miami, said Pitino, who led the Terriers to their first N.C.A.A. tournament in 24 years. But its in the suburbs with a huge student body, and I was taken aback by how nice the place was. Pitino is determined to help his son in any capacity. For starters, he scheduled a home game against F.I.U. on Dec. 19, a matchup that will give Richards team national exposure. In two years as long as both Pitinos are still in place Louisville will visit F.I.U.s 5,000-seat arena, which figures to be one of the biggest sporting events the university has hosted. In addition, Richard Pitino hired

an assistant coach, Mark Lieberman, who had been a part of his fathers staff, and also signed a Louisville transfer in Rakeem Buckles, a 6-foot-7 forward and Miami native who will be eligible next season. All those things should help, but there is no denying that F.I.U. which will move from the Sun Belt to Conference USA next season has a long way to go before it can become an N.C.A.A. tournamenttype program. Richard Pitino said the facilities had been upgraded and said new dorms were on the way for next year. But fan apathy is epic, given that the university of 50,000 students averaged just 1,071 in attendance for its 11 home games last season. Bilas said Richard Pitino would be extraordinarily successful, but warned observers to temper their expectations. You can be extremely successful at F.I.U. and still win only 55 to 60 percent of your games, Bilas said. You have to build the program from the bottom up. Fan support will come as a result of success it wont be a help in the process. Rick Pitino is biased, of course, but he believes Richard will build a winner. Im positive Richard will turn around the basketball part, Pitino said. When I took over at Boston, we were averaging 400 people a game. You dont get great jobs at a young age unless there is a lot to do.

0 1.000 2 .600 2 .500 3 .400 4 .200 L Pct

5 3 0 .625 262 170 4 4 0 .500 170 149 3 5 0 .375 168 200 3 5 0 .375 180 248 W L T Pct PF PA

7 1 0 .875 237 137 6 3 0 .667 186 201 3 6 0 .333 182 308 1 8 0 .111 127 246 W L T Pct PF PA

1 .833 2 .500 3 .400 3 .250 4 .000 L Pct

6 2 0 .750 199 176 5 3 0 .625 191 164 3 5 0 .375 189 218 2 7 0 .222 169 211 W L T Pct PF PA

1 .750 2 .600 4 .333 4 .333 6 .000

{
2 2 4

5 3 0 .625 235 175 4 4 0 .500 185 157 3 5 0 .375 171 229 1 7 0 .125 133 240

WESTERN CONFERENCE Southwest Memphis San Antonio Dallas New Orleans Houston Northwest Minnesota Oklahoma City Denver Utah Portland Pacific L.A. Clippers Golden State Phoenix W 4 4 4 3 2 W 4 4 2 2 2 W 4 3 3 2 1 L

1 .800 1 .800 2 .667 2 .600 3 .400 L Pct

NATIONAL CONFERENCE East Giants Phila. Dallas Washington South Atlanta Tampa Bay New Orleans Carolina North Chicago Green Bay Minnesota Detroit West San Fran. Seattle Arizona St. Louis W L T Pct PF PA

{
1 2 GB

6 3 0 .667 254 185 3 5 0 .375 133 183 3 5 0 .375 150 181 3 6 0 .333 226 248 W L T Pct PF PA

1 .800 2 .667 3 .400 3 .400 3 .400 L Pct

{
2 2 2 GB

8 0 01.000 220 143 4 4 0 .500 226 185 3 5 0 .375 218 229 2 6 0 .250 149 180 W L T Pct PF PA

2 .667 2 .600 3 .500 3 .400 4 .200

7 1 0 .875 236 120 6 3 0 .667 239 187 5 4 0 .556 204 197 4 4 0 .500 192 188 W L T Pct PF PA

{
1 1{ 2{

MENS ROUNDUP

Sacramento L.A. Lakers

Michigan St. Starts Slow, And UConn Capitalizes


By The Associated Press

FRIDAY

6 2 0 .750 189 103 5 4 0 .556 170 154 4 5 0 .444 144 173 3 5 0 .375 137 186

Knicks 104, Dallas 94 Brooklyn 107, Orlando 68 Milwaukee 101, Washington 91 Philadelphia 106, Boston 100 Miami 95, Atlanta 89 Minnesota 96, Indiana 94 Memphis 93, Houston 85 New Orleans 107, Charlotte 99 Oklahoma City 105, Detroit 94 Phoenix 107, Cleveland 105 San Antonio at Sacramento Golden State at L.A. Lakers Utah at Denver

THURSDAY SUNDAY

Indianapolis 27, Jacksonville 10 Giants at Cincinnati, 1 Jets at Seattle, 4:05 Atlanta at New Orleans, 1 Detroit at Minnesota, 1 Denver at Carolina, 1 San Diego at Tampa Bay, 1 Tennessee at Miami, 1 Buffalo at New England, 1 Oakland at Baltimore, 1 St. Louis at San Francisco, 4:25 Dallas at Philadelphia, 4:25 Houston at Chicago, 8:20 Open: Arizona, Cleveland, Green Bay, Washington

Shabazz Napier is fairly confident that if Connecticut gets its running game going, nobody can keep up with the Huskies. No. 14 Michigan State could not, falling, 66-62, in the Armed Forces Classic in a hangar on the United States Ramstein Air Base in Germany. We are too fast; we are a transition team, and when we get going, no one can keep up with us, said Napier, who had a game-high 25 points. Kevin Ollies first game and win as the Huskies coach was watched by the former coach Jim Calhoun, who worked as play-by-play radio commentator. Calhoun retired in September. The Spartans hit just one of their first eight shots, while Connecticut made nine of its first 10 and raced out to a 20-6 lead. The Spartans were better in the second half, pulling to 62-60, but missed two shots in the last minute. INDIANA 97, BRYANT 54 Cody Zeller had 18 points and 10 rebounds and No. 1 Indiana gave visiting Bryant a rude welcome to Division I college basketball. KENTUCKY 72, MARYLAND 69 Jarrod Polson scored 10 points and made the clinching free throws with 7.7 seconds to play as No. 3 Kentucky held off a furious second-half rally by Maryland in the second game of the Barclays Center Classic, the first college basketball games in the new arena in Brooklyn. In the opener, Milton Chavis scored 24 points as Morehead State beat L.I.U.-Brooklyn, 77-74.
MICHIGAN 100, SLIPPERY ROCK 62

KNICKS 104, MAVERICKS 94


FG FT Reb DALLAS Min M-A M-A O-T A PTS Brand 23 2-5 4-5 1-7 0 8 Crowder 29 3-8 0-0 0-3 1 7 Wright 18 4-7 3-3 1-4 0 11 Mayo 27 7-16 4-4 1-7 3 23 Collison 30 1-8 2-2 1-3 8 4 Kaman 27 6-7 2-2 2-7 2 14 Carter 25 6-14 2-4 1-6 0 15 DaJones 17 1-4 2-2 0-3 0 5 Murphy 19 0-3 0-0 1-7 1 0 DoJones 3 1-2 0-0 0-0 1 2 Beaubois 14 2-7 1-1 1-3 1 5 James 0 0-0 0-0 0-0 0 0 Cunningham 0 0-0 0-0 0-0 0 0 Totals 240 33-81 20-23 9-50 17 94 Percentages: FG .407, FT .870. 3-Point Goals: 8-28, .286 (Mayo 5-10, Da.Jones 1-3, Crowder 1-4, Carter 1-5, Murphy 0-1, Collison 0-2, Beaubois 0-3). FG FT Reb KNICKS Min M-A M-A O-T A PTS Anthony 34 10-22 9-14 0-7 1 31 Brewer 37 4-10 3-5 4-8 2 13 Chandler 30 4-8 3-5 5-9 0 11 Kidd 15 2-3 2-2 0-1 3 6 Felton 37 3-11 2-5 1-4 9 8 Smith 32 8-16 3-3 0-1 0 22 Wallace 17 2-6 2-2 0-6 0 6 Novak 15 2-6 0-0 0-2 1 5 Prigioni 10 0-2 0-0 0-1 1 0 Camby 8 0-0 2-2 1-4 0 2 Totals 240 35-84 26-38 11-43 17 104 Percentages: FG .417, FT .684. 3-Point Goals: 8-22, .364 (Smith 3-3, Brewer 2-4, Anthony 2-5, Novak 1-4, Kidd 0-1, Prigioni 0-1, Wallace 0-4). Dallas . . . . . . . . 23 Knicks. . . . . . . . 25 34 30 21 1694 29 20104

MONDAY

Kansas City at Pittsburgh, 8:30

N.F.L. INJURY REPORT


GIANTS AT CINCINNATI GIANTS: OUT: CB Michael Coe (hamstring), S Kenny Phillips (knee), LB Jacquian Williams (knee). QUESTIONABLE: RB Ahmad Bradshaw (foot), LB Keith Rivers (calf), G Chris Snee (ankle). PROBABLE: C David Baas (ankle, elbow), LB Chase Blackburn (hamstring), RB Andre Brown (shoulder), DT Chris Canty (groin), WR Hakeem Nicks (knee), TE Bear Pascoe (ankle).: BENGALS: OUT: WR Marvin Jones (knee). DOUBTFUL: S Reggie Nelson (hamstring). QUESTIONABLE: C Jeff Faine (hamstring), CB Dre Kirkpatrick (thigh). PROBABLE: DE Robert Geathers (knee), RB BenJarvus Green-Ellis (illness), S Taylor Mays (knee), CB Terence Newman (hamstring), C Trevor Robinson (hamstring), LB Dan Skuta (thumb). JETS AT SEATTLE JETS: OUT: DT Kenrick Ellis (knee), RB Joe McKnight (ankle). QUESTIONABLE: C Nick Mangold (ankle), G Brandon Moore (hip), DT Sione Po'uha (low back), RB Bilal Powell (shoulder), LB Bart Scott (toe), S Eric Smith (knee). PROBABLE: TE Jeff Cumberland (wrist), DE Mike DeVito (finger), WR Clyde Gates (shoulder), DT Damon Harrison (thumb), WR Jeremy Kerley (heel), S LaRon Landry (heel), LB Calvin Pace (shin), QB Mark Sanchez (low back), G Matt Slauson (knee).: SEAHAWKS: OUT: G James Carpenter (concussion), LB K.J. Wright (concussion). DOUBTFUL: DE Greg Scruggs (oblique). QUESTIONABLE: DT Clinton McDonald (groin). PROBABLE: WR Doug Baldwin (ankle), DE Red Bryant (foot), S Kam Chancellor (quadriceps), WR Braylon Edwards (knee), DE Jason Jones (ankle), RB Marshawn Lynch (back, wrist), G John Moffitt (knee), CB Richard Sherman (illness), C Max Unger (finger).

MICHAEL PROBST/ASSOCIATED PRESS

The No. 14 Spartans and the unranked Huskies opened their season on the Ramstein Air Base.
bounds and 5 assists in his Kansas debut, helping the No. 7 Jayhawks past visiting Southeast Missouri State.
DUKE 74, GEORGIA STATE 55 Mason

highs with 26 points and 14 rebounds, and No. 11 North Carolina beat visiting Gardner-Webb to improve to 91-12 in openers.
CREIGHTON 71, N. TEXAS 51 Doug

Plumlee had 19 points and 14 rebounds to lead No. 8 Duke over visiting Georgia State.
U.N.C. 76, GARDNER-WEBB 59

McDermott had 21 points and 11 rebounds to lead No. 16 Creighton over visiting North Texas.
BAYLOR 99, LEHIGH 77 The Baylor

James Michael McAdoo set career

freshman Isaiah Austin scored 22

Syracuse Sex Abuse Case Is Dropped


SYRACUSE (AP) Federal authorities have dropped their investigation into one of the sexual abuse claims that cost a Syracuse University assistant basketball coach his job, threw a topranked team into turmoil and threatened the career of the Hall of Fame coach Jim Boeheim. After a probe spanning nearly a year, Richard S. Hartunian, the United States attorney for the Northern District of New York, said Friday there was not enough evidence to support a claim that the coach, Bernie Fine, had molested a boy in a Pittsburgh hotel room in 2002. The nature and seriousness of these allegations, which involved conduct typically committed in private with individuals who are reluctant to come forward, warranted a thorough federal investigation, said Hartunian, who added that closing the investigation did not mean something did or did not happen. It was unclear whether Fine, 66, could get his job back. Fines lawyers, Karl Sleight, Donald Martin and David Botsford, said in a statement that they were not surprised by the decision. The damage inflicted upon Bernie and his family is simply immeasurable, the lawyers said. Bernie hopes and prays that the lesson learned and remembered is that a rush to judgment has irreversible consequences. The investigation erupted in the glare of a spotlight on child abuse shone by the Penn State scandal, which broke shortly beforehand.

points in 17 minutes before spraining his right ankle as No. 19 Baylor beat visiting Lehigh. O.S.U.-MARQUETTE CANCELED The game between No. 4 Ohio State and Marquette aboard the U.S.S. Yorktown at the Carrier Classic was canceled because of moisture on the court. Earlier, the No. 7 Notre Dame women beat No. 19 Ohio State, 57-51. There was no problem with the court during that game. The mens game between No. 10 Florida and Georgetown on the deck of U.S.S. Bataan was called off at halftime because the court became too wet.
WOMEN CHATTANOOGA 80, TENNESSEE 71 In

A19,033 (19,763). T2:28. Officials Monty McCutchen, Kevin Scott, Zach Zarba.

NETS 107, MAGIC 68


FG FT Reb BROOKLYNMin M-A M-A O-T A PTS Bogans 17 2-6 0-0 0-2 0 5 Humphries 19 3-7 2-2 2-8 1 8 Lopez 23 5-7 4-7 3-10 1 14 Williams 29 5-8 2-2 0-0 4 12 Johnson 29 5-11 1-1 1-3 4 13 Watson 18 4-5 0-0 1-1 1 9 Evans 20 1-2 0-0 2-6 1 2 Childress 25 1-4 0-0 1-2 2 2 Blatche 24 5-13 5-8 4-9 4 15 Stackhouse10 4-9 0-0 1-2 1 11 Taylor 8 2-4 1-2 0-0 0 5 Shengelia 6 2-2 1-3 0-0 0 6 Teletovic 6 2-4 0-0 0-5 2 5 Totals 240 41-82 16-25 15-48 21 107 Percentages: FG .500, FT .640. 3-Point Goals: 9-23, .391 (Stackhouse 3-6, Johnson 2-5, Shengelia 1-1, Teletovic 1-2, Watson 1-2, Bogans 1-5, Williams 0-2). FG FT Reb ORLANDOMin M-A M-A O-T A PTS McRoberts 12 1-3 0-0 0-2 0 2 Davis 32 4-13 0-0 1-3 5 8 Vucevic 31 5-10 0-0 1-5 3 10 Moore 40 7-15 0-0 1-4 5 18 Afflalo 32 6-12 0-0 1-5 0 12 Redick 23 2-4 0-0 1-2 3 4 Ayon 7 0-1 0-2 0-3 1 0 Nicholson 14 4-4 2-2 1-3 0 10 Smith 16 1-5 0-0 1-2 2 2 Harkless 20 0-1 0-2 0-3 0 0 O'Quinn 8 0-2 2-2 0-3 0 2 Totals 240 30-70 4-8 7-35 19 68 Percentages: FG .429, FT .500. 3-Point Goals: 4-11, .364 (Moore 4-6, McRoberts 0-1, Redick 0-1, Afflalo 0-3). Brooklyn . . . . . . 19 Orlando . . . . . . . 17 31 19 25 32107 15 1768

TENNIS A.T.P. FINALS


The O2 Arena LONDON Round Robin Singles Group A Novak Djokovic (1), Serbia, d. Tomas Berdych (5), Czech Republic, 6-2, 7-6 (6). Andy Murray (3), Britain, d. Jo-Wilfried Tsonga (7), France, 6-2, 7-6 (3). Group A Standings: x-Djokovic 3-0 (sets 6-1), x-Murray 2-1 (5-3), Berdych 1-2 (3-5), Tsonga 0-3 (1-6). Group B Standings: x-Federer 2-0 (4-0), del Potro 1-1 (3-2), Ferrer 1-1 (2-3), Tipsarevic 0-2 (0-4).

Tim Hardaway Jr. scored 25 points, surpassing 1,000 for his career in No. 5 Michigans win over visiting Slippery Rock.
N.C. STATE 97, MIAMI (OHIO) 59

Richard Howell had 16 points and 10 rebounds to help No. 6 North Carolina State beat visiting Miami (Ohio).
KANSAS 74, S.E. MISSOURI ST. 55

Ben McLemore had 9 points, 12 re-

its first game since Pat Summitt stepped down and was replaced by her longtime assistant Holly Warlick, No. 20 Tennessee lost to host Chattanooga. Meighan Simmons scored 23 points for Tennessee, which had 26 turnovers. Taylor Hall had 24 points to lead Chattanooga. BAYLOR 80, LAMAR 34 Brittney Griner had 24 points, her 81st consecutive double-figure scoring game, as No. 1 Baylor routed visiting Lamar. TEXAS 70, ST. JOHNS 60 Nneka Enemkpali scored a career-high 25 points and Chassidy Fussell scored 23 to lead Texas over No. 14 St. Johns in a WBI Tip Off Invitational game in Daytona Beach, Fla.

COLLEGE BASKETBALL MENS A.P. TOP 25


1. Indiana (1-0) beat Bryant 97-54. Next: vs. North Dakota State, Monday. 3. Kentucky (1-0) beat Maryland 72-69. Next: vs. No. 8 Duke, Tuesday. 4. Ohio State (0-0) vs. Marquette, ppd. Next: vs. Albany (NY), Sunday. 5. Michigan (1-0) beat Slippery Rock 10062. Next: vs. IUPUI, Monday. 6. N.C. State (1-0) beat Miami (Ohio) 97-59. Next: at Penn State, Thursday. 7. Kansas (1-0) beat Southeast Missouri 7454. Next: vs. No. 14 Michigan State, Tuesday. 8. Duke (1-0) beat Georgia State 74-55. Next: vs. No. 3 Kentucky, Tuesday. 10. Florida (0-0) vs. Georgetown, susp. Next: vs. Alabama State, Sunday. 11. North Carolina (1-0) beat Gardner-Webb 76-59. Next: vs. Florida Atlantic, Sunday. 13. UCLA (0-0) vs. Indiana State. Next: vs. UC Irvine, Tuesday. 14. Michigan State (0-1) lost to UConn 6662. Next: vs. No. 7 Kansas, Tuesday. 16. Creighton (1-0) beat North Texas 71-51. Next: vs. UAB, Wednesday. 19. Baylor (1-0) beat Lehigh 99-77. Next: vs. Jackson State, Sunday. 21. Gonzaga (1-0) beat Southern Utah 10365. Next: vs. West Virginia, Tuesday. 25. Florida State (0-1) lost to South Alabama 76-71. Next: vs. Buffalo, Monday.

HOCKEY

A17,532 (18,500). T2:05. Officials Leroy Richardson, Kevin Cutler, Ken Mauer.

GOLF CHILDREN'S MIRACLE NETWORK HOSPITALS CLASSIC


LAKE BUENA VISTA, FLA. m-Magnolia Golf Course: 7,516 yards, par-72 p-Palm Golf Course: 7,011 yards, par-72 Second Round Charlie Beljan . . . . . . .68m-64p132 -12 Ryuji Imada . . . . . . . .69p-66m135 -9 Harris English . . . . . . .68p-67m135 -9 Matt Jones . . . . . . . . .71m-64p135 -9 Charlie Wi. . . . . . . . . .64p-71m135 -9 Charles Howell III . . . . .68m-67p135 -9 Mark Anderson . . . . . .68p-67m135 -9 Henrik Stenson . . . . . .68m-67p135 -9 Kevin Streelman . . . . .68m-68p136 -8 Scott Stallings. . . . . . .66p-70m136 -8 Miguel Angel Carballo. .71m-65p136 -8 Chris Stroud . . . . . . . .70m-66p136 -8 Matt Every . . . . . . . . .67p-69m136 -8 Tommy Gainey . . . . . .65p-71m136 -8 Daniel Chopra . . . . . . .69m-67p136 -8

A Leaked Memo Could Complicate the N.H.L. Labor Talks


By JEFF Z. KLEIN

A leaked internal memorandum from the players union may have caused some damage to the labor negotiations between the N.H.L. and the union Friday. Little progress was made in the talks, which were conducted for the fourth straight day, but both sides agreed to meet again Saturday. The days most notable development came when Donald Fehr, the unions executive director, issued a sharp response to a report that the league was concerned about some of the items in the memorandum. On Thursday night, a memo was sent to the unions 725 members in which Fehr said there was a significant gap between the N.H.L. and the union on several important issues. On Friday night, Fehr addressed

concerns that the league seemed to be raising about some of the language in the memo. Citing league sources, The Minneapolis Star Tribune said the N.H.L. believed that Fehr had misled players by inaccurately summarizing the leagues positions. First of all, understand that their proposal is made in front of players in the room who hear it, in front of staff who hear it, in front of former players who hear it, Fehr said Friday, almost three hours after the bargaining session at the offices of the law firm Proskauer Rose on Eighth Avenue had ended. Fehr said those players and union officials called members of the rank and file to inform them about the negotiations. Noting that if you write a memo, and its a quick one, you necessarily have to summarize, he added that doesnt have anything

to do with all the calls that are made by the player reps. Winnipeg defenseman Ron Hainsey, who has attended most of the bargaining sessions during the 55day lockout, called the report a slight bit of misinformation that went around this evening. Hainsey said the players representatives made and took calls daily to keep the membership informed on issues. This notion that something was hidden over the past 24 or 48 hours is totally inaccurate, and we feel that should put this issue to rest, Hainsey said. Fehr said the owners did not raise the question of the memorandums accuracy during the days bargaining, which was attended by four N.H.L. owners, including Craig Leipold of Minnesota.

During Fridays talks, which lasted from 10 a.m. to 6 p.m., no offers were exchanged, but discussions involved pension issues, procedural contract matters and the biggest stumbling block in talks so far how the league will honor existing contracts under a lower salary cap. I dont want to either raise or lower expectations, Commissioner Gary Bettman said after the talks had ended for the day. I wont be happy until we get to the end result. Bettman said he was willing to bargain through the weekend, and even to miss Mondays Hall of Fame induction ceremony in Toronto if something else was pending. When youre in a process like this, youre really not watching the calendar, Bettman said. I cant even tell you what day it is.

WOMENS A.P. TOP 25


1. Baylor (1-0) beat Lamar 80-34. Next: vs. No. 6 Kentucky, Tuesday. 5. Maryland (1-0) beat Mount St. Mary's 8847. Next: at Loyola (Md.), Sunday. 7. Notre Dame (1-0) beat No. 19 Ohio State 57-51. Next: vs. UMass, Sunday, Nov. 18. 9. Louisville (1-0) beat No. 15 Texas A&M 47-45. Next: vs. Portland, Sunday. 11. Delaware (1-0) beat Sam Houston St 63-31. Next: vs. Sacred Heart or Georgetown, Sunday. 13. California (0-0) vs. Lehigh. Next: vs. Saint Mary's (Cal), Thursday. 14. St. John's (0-1) lost to Texas 70-60. Next: vs. UCF, Sunday. 15. Texas A&M (0-1) lost to No. 9 Louisville 47-45. Next: vs. No. 8 Penn State, Wednesday. 17. West Virginia (1-0) beat N.C.-Wilmington 76-47. Next: at Boston University, Monday. 18. Nebraska (1-0) beat North Carolina A&T 68-50. Next: vs. Temple, Sunday. 19. Ohio State (0-1) lost to No. 7 Notre Dame 57-51. Next: vs. Cincinnati, Wednesday. 20. Tennessee (0-1) lost to Chattanooga 8071. Next: at No. 22 Georgia Tech, Sunday. 23. Oklahoma State (1-0) beat Cal Poly 9059. Next: at Missouri State, Tuesday. 24. Miami (1-0) beat North Florida 77-24. Next: at Richmond, Monday. 25. DePaul (1-0) beat Nicholls State 87-57. Next: vs. Dayton or MVSU, Saturday.

LORENA OCHOA INVITATIONAL


Guadalajara Country Club GUADALAJARA, MEXICO Purse: $1 million Yardage: 6,626; Par: 72 Second Round Angela Stanford. . . . . . . . 66-67133 -11 Inbee Park . . . . . . . . . . . 67-68135 -9 Cristie Kerr . . . . . . . . . . . 67-69136 -8 Stacy Lewis . . . . . . . . . . 67-70137 -7 So Yeon Ryu. . . . . . . . . . 67-70137 -7 Candie Kung. . . . . . . . . . 66-71137 -7 I.K. Kim . . . . . . . . . . . . . 68-70138 -6 Karine Icher . . . . . . . . . . 67-71138 -6

THE NEW YORK TIMES, SATURDAY, NOVEMBER 10, 2012

D7

PRO BASKETBALL
N.B.A. ROUNDUP

Nets Restore Confidence With a Blowout Victory


By HOWARD BECK

ADAM HUNGER/REUTERS

The Knicks Jason Kidd, center, fought O. J. Mayo for a loose ball Friday night. Kidds defense slowed down Mayo, who scored 23.

Turning to Offense, the Knicks Still Cant Lose


From First Sports Page team, Kidd said. We have two guys who can get a shot off at any time and bail you out of trouble, especially when youre in a slump. J. R. did that. The Mavericks, who had won three straight games,were the first team this season to push the Knicks in the fourth quarter. The Mavericks (4-2) are also one the leagues surprise teams. Carlisle has been able to get his team to perform well without Dirk Nowitzki (right knee surgery) and Shawn Marion (sprained left medial collateral ligament). Carlisle left the Garden impressed by the Knicks. They dont really have a lot of plays that you can, like, look at, he said. Its a lot of isolations for Carmelo, and hes a tough matchup for anybody. Early on, it appeared that O. J. Mayo, the Mavericks most dangerous scorer, would be the first player to score at will against the Knicks. Mayo had 14 points in the first half (a team-high 23 over all) and continued to score in the third quarter to maintain Dallas small lead. Woodson first had Ronnie Brewer and Raymond Felton guard Mayo. But it was not until Kidd guarded Mayo that the Knicks were able to get the Mavericks out of rhythm. Kidds strategy was not to be too aggressive. He was able to get in front of Mayo in transition, not allowing fast-break baskets. In the third quarter, Kidd took a charge and sent Mayo to the bench in foul trouble. I just want to make him put the ball on the floor, make him do something he didnt want to do, Kidd said of Mayo. Whatever I can do to help my teammates defensively is what I want to do. By the time Mayo returned to the court in the fourth quarter, he was not the same player. The Knicks had a lead, and the Mavericks could not find a second viable scoring option. The Knicks did have a scorer in Anthony, who had 9 points in the final quarter. Woodson thought Anthonys 3-pointer in front of Dallass bench, to stop a small run by the Mavericks, was the biggest basket in the game. Its good for our team to go through games like that, Woodson said. I kind of like coaching in games like that just to see who is going to step up and make plays.

REBOUNDS played in his first game since rejoining the Knicks. He entered in the second quarter and played eight minutes. Camby finished with 2 points and 4 rebounds. Camby missed the preseason with a calf injury. . . . The MSG network held a telethon during the game to raise almost $200,000 for Hurricane Sandy relief. The donations will go to theAmerican Red Cross and the Mayors Fund to Advance New York City.
MARCUS CAMBY

To Collins, If Heat Are No. 1, the Knicks Are 1A


By PETER MAY

Roughly 10 days into the 2012-13 season, the Knicks were the only unbeaten team in the N.B.A. Two-thirds of their three wins had come against the Philadelphia 76ers, a 100-84 victory in Madison Square Garden on Nov. 4 and a 110-88 victory in Philadelphia the next night. Sixers Coach Doug Collins, in Boston for Friday nights game against the Celtics, offered unsolicited praise for the Knicks at his pregame briefing. He segued from discussing his teams defensive shortcomings to extolling the Knicks, who were responsible for his teams only losses through four games. Im not going to overreact to two losses to New York, because I think right now, arguably they could be playing as well as anybody in the East, Collins said before the Sixers 106-100 win over the Celtics. If Miami is 1, then theyre 1A.

They played great against us on both ends of the floor. The Knicks were ranked No. 1 in the N.B.A. going into Fridays games in point differential, points against and turnovers. The Knicks three victories were by an average of 19 points a game Miami was next at 10 while their defense was allowing 85 points a game. Coach Mike Woodson started two point guards against the Sixers Raymond Felton and Jason Kidd and the Knicks turned the ball over 21 times in the two games. They were averaging a league-fewest 12 turnovers a game heading into their Friday night game against the Mavericks. Things may be quite different the next time. The Knicks and the Sixers do not play again until Jan. 26, in Philadelphia. They finish their season series on Feb. 24 in Madison Square Garden.

ORLANDO, Fla. After a week of pratfalls and misfortune, the Nets greatest concern Friday was a self-inflicted case of whiplash. They would happily accept the consequences. Two nights after being blown out by 30 points in Miami, the Nets snapped back with a 107-68 rout of the Orlando Magic that momentarily calmed nerves and restored confidence to an antsy team. The offense flowed, the defense was stout, and every player on the active roster scored at least one basket. We needed it, said Deron Williams, who had 12 points and 4 assists before sitting out the fourth quarter. The Nets (2-2) have a chance to push past .500 on Sunday, when they host the Magic at Barclays Center. Every quarter brought a different sign of encouragement. Brook Lopez opened with an 11point first quarter, showing a proper dose of aggression in the paint. Jerry Stackhouse scored 11 points in the second quarter, in his first appearance of the season. When the Magic mounted a 7-0 run in the third quarter, chopping a 14-point margin in half, the Nets responded with a 20-2 run that put the game away. In the fourth, the Nets bench kept the good times rolling, pushing a 24-point lead to 39. The second-half scoring binge was particularly meaningful, given the way the week began. The Nets blew a 22-point second-half lead in a loss to the Minnesota Timberwolves on Monday. I didnt want to have those thoughts about, Here we go again, Coach Avery Johnson said, referring to the Magics brief rally. I was waiting to see if I was going to have to call a timeout there to get us going. But Deron did a good job of leading the guys, keeping them together, and we made some big 3s. Lopez finished with 14 points, 10 rebounds and 3 blocks. His backup, Andray Blatche, added 15 points and 9 rebounds. The 39-point margin of victory was the Nets biggest since Feb. 7, 2009, when they routed the Denver Nuggets by 44. The last team to win by at least 30 points after losing its previous game by that much was the Oklahoma City Thunder, in April 2009, according to the Elias Sports Bureau. The Thunder followed a 11383 loss at Portland with a 126-85 victory over the Los Angeles Clippers. The Nets MarShon Brooks missed Fridays game after spraining his left ankle at the morning shootaround. But for the first time in a week, the Nets had plenty to smile about. Whatevers wrong, winning is the cure-all, Stackhouse said.

Its not as cold. Were going to even find some gas when we get back home.
SUNS 107, CAVALIERS 105 Shan-

non Brown helped a late 14-4 run as host Phoenix rallied from a 26point deficit. Kyrie Irving had a chance to win it for Cleveland as time expired, but his 3-pointer from the top of the key bounced off the back of the rim. (AP)

HORNETS 107, BOBCATS 99 An-

thony Davis had 23 points, 11 rebounds and 5 blocks in his first game back after a concussion for host New Orleans. (AP) Randolph had 15 points and 14 rebounds, Rudy Gay finished with 21 points, and host Memphis won its fourth straight. (AP)

GRIZZLIES 93, ROCKETS 85 Zach

TIMBERWOLVES 96, PACERS 94

Chase Budinger converted a layup on a feed from Andrei Kirilenko with 0.8 second to go, lifting host Minnesota. (AP)
THUNDER 105, PISTONS 94 Serge

Ibaka scored a career-high 25 points, and Kevin Durant chipped in a season-high 25 points and 13 rebounds for host Oklahoma City. Detroit fell to 0-6 one loss shy of matching the worst start in franchise history. (AP) Turner scored 25 points, Jrue Holiday added 21, and visiting Philadelphia held off several fourth-quarter rallies by Boston. The Celtics cut the lead to four twice in the final period, 83-79 and 102-98, but could not get any closer and fell to 2-3, with their only victories coming over win(AP) less Washington. James scored 21 points, including the clinching jumper with 13.6 seconds left, and visiting Miami (AP) won its fourth straight. Ellis scored 22 points, and the Bucks quickly erased an early deficit before pulling away with a 13-0 run bridging the third and fourth quarters. (AP)

76ERS 106, CELTICS 100 Evan

HEAT 95, HAWKS 89 LeBron

BUCKS 101, WIZARDS 91 Monta

PHELAN M. EBENHACK/ASSOCIATED PRESS

Magic guard Ish Smith lost control of the ball while going up for a shot in front of Nets center Andray Blatche during the Nets 39-point victory.

Lakers Fire Coach, and Jackson Highlights the List of Possible Replacements
From First Sports Page ternoon news conference. Were putting together a list and an attack plan. Expectations are always high in Los Angeles, but they skyrocketed this summer after Kupchak acquired Dwight Howard and Steve Nash, pairing them with Kobe Bryant and Pau Gasol to form one of the most talented lineups in N.B.A. history. There was talk of a 70-win season and, of course, a 17th championship banner. But the Lakers stumbled through the first two weeks of the season and have struggled to adapt to the Princeton offense, installed by Browns top assistant, Eddie Jordan. Injuries have also slowed their development. Nash played just a game and a half before sustaining a leg injury, and he will be out for a few more weeks. Bryant is playing through a foot injury and has been unable to practice. And Howard, though he is averaging 22.4 points and 9.6 rebounds, is still regaining his stamina after having back surgery in April. As of Friday morning, the Lakers had the worst record in the Western Conference. Jim Buss, the Lakers executive vice president, gave Brown, his handpicked choice in 2011, a vote of confidence in a Thursday interview with ESPN-Los Angeles, saying, I have no problems with Mike Brown at all, and concluding, I just have to be patient. The patience clearly did not last. It surely did not help Browns cause that the Los Angeles Clippers began the season 4-2, including a 105-95 victory over the Lakers. connections to the Lakers remain strong. He still lives in Playa del Rey, a short drive from the Lakers headquarters in El Segundo, and he is in a long-term relationship with Jeanie Buss, the teams executive vice president of business operations and daughter of Jerry Buss, the Lakers owner. Jackson still follows the N.B.A. closely and seems eager to return to the game in some capacity, according to friends. Jackson spoke with a handful of teams this past summer, but he has been seeking an executive role, to avoid the rigors of travel and an 82-game schedule. If he does return, it is conceivable that Jackson would seek a short-term arrangement in which he would groom a successor possibly Shaw or Kurt Rambis and then move into an advisory capacity. In that respect, Jackson would serve as an ongoing mentor figure, the same way that Tex Winter did for him. Shaw would be a natural choice, having both played for Jackson and worked on his staff. He is also close to Bryant. But Shaw was passed over for the job in 2011 and felt stung by the rejection. At the time, Jim Buss was clearing the staff of all traces of the Jackson era, firing scouts, trainers and anyone else with ties to Jackson. The circumstances may dictate a reassessment of that decision. Jacksons representatives declined to comment Friday. Shaw, who is now the associate head coach for the Indiana Pacers, declined to comment when approached by The Indianapolis Star. Dunleavy coached the Lakers from 1990 to 92 and took them to the 1991 Finals, where they lost to Jacksons Chicago Bulls. He most recently coached the Clippers and was fired in 2010 after seven years. Then there is DAntoni, who might be the most natural fit other than Jackson. DAntoni and Nash had their greatest years together in Phoenix, and DAntonis pick-and-roll heavy offense would be ideal for Nash and Howard. DAntoni and Bryant are also close, having known each other since the 1980s, when Bryant was a child growing up in Italy and DAntoni was an Italian league star. They also have worked together on the United States Olympic team. However, DAntoni recently had knee-replacement surgery and still needs several weeks to recover. It is unclear how that might impact his candidacy. DAntoni, who resigned as the Knicks coach in March, has said that he preferred to sit out this season, to let his son graduate from high school before moving again. But if the Lakers called, I think thats a door hell probably want to open, said a person close to DAntoni. Magic Johnson, who is no longer working with the Lakers but remains their most vocal fan and sometime-critic, echoed the general sentiment in Los Angeles in a tweet on Friday: Id love to see Phil Jackson or Brian Shaw. Wish Pat Riley was available.

Remember the Neediest!

STEPHEN DUNN/GETTY IMAGES

Coach Mike Brown was fired by the Lakers after a 1-4 start despite a roster filled with talent that includes Kobe Bryant.
Bernie Bickerstaff coached the Lakers against the Golden State Warriors on Friday and will apparently serve in an interim capacity until the team names a replacement. Jackson has rescued the Lakers in crisis before. He was first hired in 1999 after Bryant and Shaquille ONeal were swept out of the playoffs and promptly guided the team to three straight titles. Jackson left in 2004 but returned a year later after his successor, Rudy Tomjanovich, resigned. The Lakers won titles in 2009 and 2010. Brown lasted just 71 games, including a 41-25 record in the lockout-shortened 2011-12 season. He had two years and $9 million left on his contract. The urgency for the Lakers to win now has never been greater, with Bryant, Nash and Gasol in their 30s and Howard heading for free agency next summer. Although it is unusual to fire a coach after just five games, Kupchak said, With this team, we didnt want to wait three months and then find out it wasnt going to change. Even in retirement, Jacksons

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D8

THE NEW YORK TIMES OBITUARIES SATURDAY, NOVEMBER 10, 2012

Deaths
Altman, Asher Finkle, Clifford Pulis, Carolyn

Deaths

Deaths

ITKINWilliam, 89, of Tinton TAUBDavid S. The Board of Falls, NJ, died on November Trustees, Associate Board, Butler, Marshall Friedman, Daniel Rotkoff, Sandi 7, 2012. A veteran of the US Parker League, AdministraMarine Corps, Bill was a pio- tion and staff of the Parker De Chellis, Karin Grundman, Neil Sheffer, Isaiah neering lighting director for Jewish Institute for Health Dikman, Steven Itkin, William Taub, David ABC-TV, where he plied his Care and Rehabilitation are craft for over 35 years. His terribly saddened at the passDumpson, James Perlitz, Charles Yospin, Audrey warmth, kindness, and sense ing of past Chairman of the of humor will be greatly Board, David S. Taub. We exmissed by his family and all tend our heartfelt condoALTMANAsher, at the age BUTLERMarshall. who knew him. lences to David's beloved 93. Beloved husband of the Thank you for a marvelous PERLITZCharles Albert III. wife, Linda, and to the entire late Evelyn. Devoted father friendship. Your caring for us Born 13 May 1931; Died 31 Taub family. From the moof Richard and Esther Altman will never be forgotten. October 2012 in Houston, ment David Taub joined ParkWe love you always, Texas. and Zena and Irwin Fischer. er's Board of Trustees in 1994, Hansi, Bernie and Family Dear brother of Sheldon and he was an extraordinary adPULISCarolyn, passed away vocate for the adults served Evelyn Altman. Loving DE CHELLISKarin D. Died grandfather of Dana and Jef- on October 30, 2012 at age at home on November 3 with by the Institute, and was a frey Casanova, Danielle and 70. Beloved wife of the late loving family by her side. key to innovations that Clifton Ramsundar and Ash- Italo V. "Gus". Loving Sister Her life of 61 years was helped maintain Parker as ley Fischer. Service Sunday, of Ingrid, Barbara and Peter. greatly enriched by her love one of the nation's preemiof music and dance. She nent facilities for patient-cenNovember 11, 2012 at 11am at Devoted aunt. Memorial Weinstein Memorial Chapel, Mass will be celebrated at earned a BA in Music Studies tered long term care. We 1652 Central park Ave. 3pm on Friday, November at Queens College. As a hope that the warm wishes of member of the George ToYonkers, NY. 16, 2012, at the Church of St. mov Dance Ensemble, she friends help ease the pain of Baptiste, Lexington performed Balkan dances in the Taub family during this BUTLERMarshall, business- Jean man, philanthropist and sup- Ave. and 76 St. Donations Europe, Carnegie Hall and most difficult time. Lenny Tanzer, porter of the arts, died at the may be made to the Sisters Riverside Church. She was Chairman of the Board age of 85 of heart failure at of Life, Annunciation, 38 passionate about ScandinaMichael N. Rosenblut, home in New York City Montebello Rd., Suffern, NY vian music and dance and President & CEO where he was surrounded by 10901 or Memorial Sloan-Ket- was a cherished member of his loving family. Marshall tering Cancer Center, 1275 that community in the US and TAUBDavid S. The Board of was respected and admired York Ave., NY, NY 10065. in Sweden as both fiddler and Directors and the staff of the by associates and friends for DIKMANDr. Steven H., dancer for over twenty-five Samuel Waxman Cancer Rethe honesty, integrity and passed away on November years. She played violin in the search Foundation mourn the generosity that he showed in 8th, 2012. Dr. Dikman was a orchestral program at the passing of our cherished Vice his business and personal af- member of the Department Diller-Quaile Music School. In President, David S. Taub. His fairs. Mr. Butler co-founded of Pathology since 1975, prac- spite of suffering a progres- enthusiasm and tireless dediAlloys Unlimited, a sub-com- ticing his entire career at The sive debilitating illness over cation will be profoundly ponents manufacturer for the Mount Sinai Medical Center. six years, she lived as fully as missed. He has left a void too semi-conductor industry, in Steve was a magnificent she could at each stage of large to fill in so many peo1958. In 1971, the Company teacher and friend; his gentle her illness and was remark- ple's lives. The Foundation merged with Plessy, a manu- character and genuine able in ability to live in the extends its deepest sympafacturer of telephone equip- thoughts will be missed. The moment. Her courage and de- thies to his wife Linda, his ment and electronic compo- Department of Pathology termination inspired musi- son Marc and wife Sandra nents. That merger was the sends its deepest condolences cians to compose songs in and his entire family. first between a British compa- to his wife Carol and son An- her honor. She worked at the Michael Nierenberg ny and an American compa- drew, who is currently contin- New York Philharmonic as Chairman, Board of Directors; ny using ADRs (American uing his father's legacy at Human Resources AdminisSamuel Waxman, M.D., Depository Receipts) that al- Mount Sinai. A Memorial Ser- trator, and more recently, at Scientific Director; low a stock for stock tax free vice will be held Sunday, No- Morgan Stanley as Executive Thomas A. Conway, President merger. In 1973, he took over vember 11, 2012 at 11:45am, Assistant until she became as CEO, and a few years lat- Plaza Memorial Chapel, 630 disabled. Spending time with TAUBDavid. The Board of er, as Chairman of AVX Cor- Amsterdam Avenue, New family and friends brought Governors and the Members poration a manufacturer of York, NY 10024. love and joy to her life. of Glen Oaks Club express ceramic capacitors. The comUniquely beautiful inside and our deepest sorrow at the pany grew to over $500M by DUMPSONJames K. The out, her spirit of enthusiasm, passing of our esteemed Board of Directors, staff, chil- generosity and devotion to member David and extend 1989 when Mr. Butler facilitated the merger of AVX and dren and families of North- those she loved will be deeply our heartfelt sympathy to his Kyocera, the first merger be- side Center for Child Develop- missed. A service to celebrate wife Linda and the entire tween an American and a ment note with great sadness her life will be held at the family. Board of Governors Japanese company. He the passing of Dr. James R. Plainview Reformed Church, Michael Mann, served as a Senior Managing Dumpson, a tireless advocate 560 Bethpage Rd, Plainview, President Director of Kyocera until he for the most impoverished NY, 1pm November 17th, folretired in 1994. At the age of and vulnerable in New York lowed by a reception at her 64, Marshall began a second City. Dr. Dumpson was a home. Donations in her mem- TAUBDavid. career as a venture capitalist, member of the Board of Di- ory may be made to the High Ridge Country Club acwhere he was a pioneer in at- rectors (Chairman and Presi- Fresh Air Fund or the Diller- knowledges with sorrow the passing of our esteemed tracting foreign venture capi- dent) and Council of Advisors Quaile Music School. member, David Taub. We extal to invest in Israel. His first of Northside Center for Child Sandi tend our deepest sympathy to fund started with $12 million Development for over 43 ROTKOFFSandi. in capital. By the time he re- years. We are deeply grateful passed away peacefully at his beloved wife Linda and tired, Mr. Butler had raised for his many years of unwa- home, in the city she loved, their family. Stuart Albrecht, President commitment. Mr. on November 8. She is surover $600 million and helped vering H. Lawrence Fein, Secretary fund over 50 Israeli high tech Dumpson was a close, dear vived by her son Jesse mother Dorothy companies. In 1998 he re- friend of Northside founders, Scaglion, Rotkoff, sister Lois Baron, TAUBDavid S. ceived the Prime Minister's Drs. Kenneth and Mamie Eric Baron, The President, Board of Direcaward for his achievements Phipps Clark, and together brother-in-law tors and the entire staff of in bringing venture capital to they fought to provide the and fan club of neices and the CAVIT Winery, Trento, Israel. In addition to his busi- best mental health and edu- nephews, great-neices and Italy, wish to express their cational resources for chil- great-nephews and friends heartfelt condolences to the ness activities, Marshall was active in many charitable dren and families. Dr. Dump- who loved her dearly. She Taub Family and members of non-profit organizations in- son believed in the mission of was "Aunt Sandi" to many Palm Bay International for cluding The American Tech- Northside to ensure children people. Services will be held the loss of our beloved David. nion Society, Israel's most and families develop the tools on Sunday, November 11, at prestigious engineering insti- and strength to overcome the 11:45am at Riverside Memor- TAUBDavid. We are deeply tution, where he served on impact of poverty and racial ial Chapel. In lieu of flowers, saddened by the loss of our and build donations can be made to good friend and client, David the Board of Governors. In discrimination 2001, he received an Hon- brighter futures. Dr. Dump- the Visiting Nurse Service of Taub. Our condolences to the York Hospice. The Taub family. orary Doctorate from the son's determination and spirit New Paula and Douglas Gladstone Technion. Marshall was a for- to fight injustices everywhere family is deeply grateful to and Goldfarb & Fleece mer board member of the made a profound impact on the nurses of the Foley Agency and the Hospice Association of Resident The- so many lives. We loved him Team, whose wonderful sup- TAUBDavid. You enriched aters of New York City. He and will miss him terribly. the lives of all you came in also gave financial support Thelma Dye, Ph.D., Executive port will never be forgotten. Director/CEO, Susan Patricof, SHEFFERIsaiah, 76, died on contact with and we feel for many years to the United Board President & Michael November 9, 2012, of compli- blessed to have had the priviJewish Appeal and the AntiGoldstein, Board Chair cations from a stroke he suf- lege of being your friend. Defamation League (ADL). Marshall was born in Manhat- FINKLE Clifford B. III (C.B.) fered in June. Since 1978, Mr. You will be missed. Helaine and Fred. tan in 1927, and attended the Died on November 5, 2012 Sheffer had been the foundBronx High School of Science. surrounded by his family. He ing Artistic Director of Sym- YOSPINAudrey (Kreinik), 95, He served in the U.S. Navy was 68. Mr. Finkle co-owned phony Space Performing Arts formerly of Roslyn, NY on during WWII and attended and operated Clifford B. Fin- Center in New York City. He Wednesday, November 7, New York University on the kle Jr., CBF Trucking and Fin- is survived by his wife Ethel 2012. Beloved wife of Dr. ToGI Bill. Marshall is survived kle Transport, all of which are Sheffer, his daughter Susan- bias Yospin. Graveside serby his wife of 53 years, Mari- highway contractors for the nah Sheffer, and his sister vices at Beth Moses Cemelyn, and children Hillary, United States Postal Service, Barbara Brook. Funeral ser- tery, Wellwood Avenue, Lawrence, Michael and Eliot based in Clifton, NJ. He also vices will be held at the Plaza Farmingdale, NY on Sunday, and his six grandchildren. He co-owned Brothers GMC in Community Chapel at 630 November 11 at 12:30pm. is also survived by his sister, Bordentown, NJ and Passaic Amsterdam Ave. at 91st St. Rhoda and many nieces and Terminal in Clifton, NJ. He on Sunday, November 11th at nephews. We will all miss his served on the board of North 10am. A memorial event will warmth, love and generosity. Carolina Savings & Loan. Mr. be held at a later date. ROUSMANIEREJim. You BUTLERMarshall D. We Finkle was a longtime resi- TAUBDavid S., know this already but it is so deeply mourn the passing of dent of Essex Fells where he nice to say: Obama and the DeMarshall D. Butler, an enlight- was a volunteer fireman for the Essex Fells Fire Departmocrats wiped 'em! ened businessman and a citizen of the world in a true ment. He was a member of SKARIMBASElias. sense of the word. He com- the Essex Fells Country Club 4/29/26 - 11/10/10 bined the talent of a financial and for nearly 50 years he enThe mood begins with violins, genius with the humility of joyed summers with his famiand suddenly you're close to me. one's best friend who cared ly at their home in MantolokAs long as there's music for ing, NJ. A car enthusiast and more about others than himsweethearts to sing, my loneliself. He was as much at a champion pool player, Mr. est nights will not seem so long. home in Kyoto or Tokyo as Finkle was also a surprisingly As long as there's music, he was in Tel Aviv or terrific ballroom dancer. Born you are the song. in Passaic, NJ, Mr. Finkle atJerusalem, or in uptown ManUnavoidably Yours hattan or Quogue, Long Is- tended West Essex High School and graduated from land. Marshall received his STEINBERGHarold. degree in Business Adminis- The University of Tampa in November 10, 2011. My beloved tration from NYU and grew 1966. He later joined the Nahusband. Always in my heart. up on West 155th Street in tional Guard. Mr. Finkle will Eternal Love, Monette Manhattan. He founded Al- always be remembered for Beloved husband, father and loys Unlimited with his friends his love and devotion to his grandfather, passed away on November 8, 2012 after a long Hamburg Tang and Greg family. He is survived by his Coleman, and the company loving wife of 46 years, Penny and hard battle with kidney went public and was a very Giltzow Finkle; his son Clif- disease. Born December 30, successful semiconductor ford Brown Finkle IV and 1939, the second son of MarAlexis tin G. Taub and Frances Ispiece parts manufacturer. daughter-in-law Plessey Ltd., a major English Dougherty Finkle; his daugh- rael Taub, David graduated electronics corporation, ter Jill Finkle Worth and son- from Great Neck high school bought Alloys Unlimited some in-law Carter Braxton Worth; in 1957, and earned his bacheyears later. Marshall was and his four grandchildren: lor's degree from Boston Uniasked by investors to join Pierce Dougherty Finkle, Sky- versity in 1961. After completAerovox Corporation of Myr- lar Dougherty Finkle, Alden ing his military service, David tle Beach, NC, later called Brown Worth and Brewster joined his father in the family AVX. He quickly became its Boening Worth. He was pre- business, Gallo Wine DistribuChairman and CEO and that deceased by his parents, Al- tors of New York in 1962. company some years later ice Connors Finkle and Clif- While the distributorship enwas acquired by Kyocera of ford Brown Finkle Jr. In lieu joyed success, David built the Kyoto, Japan in a transaction of flowers, donations can be company into the fully intefor shares, never done before made in his memory to Dr. grated wine and spirits enterby a Japanese company. Ky- Fine's Pancreatic Cancer Re- prise, Premier Wine and Spirocera became listed on the search Fund. Check payable its. Founding Palm Bay InterNYSE. Marshall remained an to New York Presbyterian national in 1977, David pioimportant Director of Ky- Hospital (memo: Dr. Fine's neered and championed the ocera. AVX was later partial- Research Fund) and mailed Italian wine business building ly spun off from Kyocera but to Dr. Robert Fine, 650 West personal relationships with Marshall remained close to 168th Street, Suite BB20-05, producers from every region 10032. A of Italy. He truly helped make the founder of Kyocera, Dr. New York, NY Kazuo Inamori. The Jewish memorial service will be held Italy the top producer of imtechnology businessman and on Thursday, November 15th ported wine in the United Partnered with his at 4:00pm at St. Peter's Epis- States. the founder of Kyocera, now KDDI, became immersed in copal Church located at 271 son, Marc D. Taub, David inhelping others. In Marshall's Roseland Avenue in Essex sured that the legacy of Palm case, the State of Israel and Fells, NJ. Funeral services Bay International as a family its great non-profit the Tech- are under the direction of business will continue. In addinion Institute. Dr. Inamori Farmer Funeral Home. Con- tion to a successful business founded the Inamori Founda- dolences and memories may career, David was a passionshared at ate and generous philantion and created the Kyoto be thropist, giving both financial Prize. Marshall served as a www.farmerfuneral.com. Director of Kyocera Venture FRIEDMANDaniel S. The support and his time to nuCapital. Back in America, staff of the Children's Evalua- merous causes. He served Marshall also served as a Di- tion and Rehabilitation Center with passion and drive on the rector of Mass Mutual Corpo- of the Rose F. Kennedy Uni- board of Parker Institute for rate Investors and Mass Mu- versity Center for Excellence Health and Rehabilitation, and tual Participation Investors. in Developmental Disabilities in fact led as the hospital's As his interest in Israel be- at Albert Einstein College of chairman of the board. He came more pronounced, Mar- Medicine mourn the loss of was active as vice president shall received the Israeli Dan Friedman, our friend, on the board of the Samuel Prime Ministers award for his colleague and guiding light, Waxman Cancer Research contribution to Israeli industry who passed away on Nov. 8 Foundation. Over the years, and he received an Honoree after a long and valiant strug- he has been deeply involved Doctorate from the Technion gle against pancreatic cancer. with the American Cancer SoInstitute. In Israel, Marshall For more than 34 years, Dan, ciety, United Jewish Appeal, was Chairman of Infinity Pri- Associate Director of CERC, Friends of the IDF, Bonds for vate Equity Fund. He was a has been the heart and soul Israel and Hillel and countless Director of Tadiran Telecom- of our program. He loved, re- other philanthropic causes. munications Ltd., Shellcase, spected and cared deeply He founded the Taub TransGalil Medical Ltd. and in New about the children and adults plant Research Fund at the of Maryland York he was a member of who sought our services. His University the NY State Council of Hu- passing leaves a deep abyss. School of Medicine. David is manities, and A.R.T New We send our condolences to survived by his wife of 48 York, which manages a host his wife, Liz, and to the rest years, Linda Lewin Taub, their sons, Andrew, Marc and of off Broadway theaters of his family. Joshua, his loving daughtersBack in Israel, he became a Robert W. Marion, M.D. in-law, Suzanne, Sandra and Director of Syneron Medical Director, CERC and the Lisa, and his beloved grandLtd., which later went public RFK UCEDD children, Jake, Trevor, Chloe, in the U.S. One rarely meets a man as devoted to quality GRUNDMANNeil. 1934-2012, Camille, Asher and Matthew. in his business activities and Neil Grundman passed away He is also survived by his generosity, as well, in all he on November 8, in New York. brother Professor Richard P. did. He was blessed with a He and his sister Barbara Taub and wife, Betty Farrell, devoted family, his wife Mari- were born in New York City both sociologists at the Unilyn, his sons, Michael, Elliot, to Mollie and Sam Grundman versity of Chicago, and his Larry, his daughter, Hillary, and is survived by his loving niece, Neela and nephew, and their families, as was family: his wife, Sondra; his Zachariah. The void felt by well as his friends who will daughters, Stacey and Nancy; family, friends, employees, find the future with a little his sons-in-law, Owen and business associates worldand everyone he less quality, but also joyously Jay; and his grandchildren, wide, filled with wonderful memo- Justin, Avery, Eli and Dana. touched will only be filled by ries and important examples Neil was a loving husband, fa- his memory. Funeral services ther, and grandfather, a loyal will be held Sunday, Novemof how one should live their friend, a spirited camper and ber 11, 1pm at Temple Beth lives. 401 Roslyn Rd., The Towbin Family counselor, and an avid Yan- Shalom, kee fan. Funeral service will Roslyn Heights, NY. DonaBUTLERMarshall. Our deep- be held on Sunday, November tions can be made to The est sympathy to our dear 11 at 10:30 am, at Congrega- Taub Transplant Research friend Marilyn on the loss of tion Emanu-el, 2125 Westch- Fund, University of Maryland her wonderful husband, Mar- ester Ave East, Rye, NY School of Medicine, 100 N. shall. We will forever cherish 10580. In lieu of flowers, dona- Greene St, Ste 600, Baltimore, the special times that we tions should be sent to Sur- MD or Samuel Waxman Canprise Lake Camp, 307 Seventh cer Research Foundation, 420 spent together. William B. and Ave., Suite 900, NY, NY 10001 Lexington Ave, Ste 825, NYC. Waxmancancer.org. Jane Eisner Bram or to Congregation Emanu-el.

ERNIE SISTO/THE NEW YORK TIMES

Lee MacPhail, center, the Yankees general manager, in 1966 with Michael Burke, left, the teams president, and Ralph Houk, the manager. He later became president of the American League.

Lee MacPhail, 95, Baseball Executive At Center of a Pine-Tar Uproar, Dies


By RICHARD GOLDSTEIN

In Memoriam

Lee MacPhail, a former president of the American League, a general manager of the Yankees and the Baltimore Orioles, and the oldest member of the Baseball Hall of Fame, died on Thursday night at his home in Delray Beach, Fla. He was 95. The Hall of Fame, in Cooperstown, N.Y., announced the death. In a baseball career that spanned five decades, Mr. MacPhail held virtually every baseball executive position except commissioner. He and his father, Larry, are the only father-andson pair in the Baseball Hall of Fame, and the MacPhail family now includes four generations of baseball men. Lee MacPhail was a calm presence, a conciliator, in contrast with Larry MacPhail, a combative executive who introduced night baseball to the major leagues in 1935 when he ran the Cincinnati Reds and later moved on to the Brooklyn Dodgers and the Yankees. My father shunned the attention and the spotlight, Lee MacPhails son Andy, a third-generation baseball executive in the family, told The Palm Beach Post in 2008. My grandfather enjoyed it. Despite his placid demeanor, Lee MacPhail was probably best remembered for being at the center of a baseball storm: the pinetar dispute of July 1983. In a game between the Yankees and the Kansas City Royals at Yankee Stadium, an umpire disallowed a go-ahead home run by George Brett of the Royals with two outs in the ninth inning, ruling that Brett had too much pine tar on his bat. Mr. MacPhail, the A.L. president at the time, overruled the umpire, citing the spirit of the rules, and determined that the home run could stand, even though Bretts bat indeed had too much pine tar on it under major league rules. Mr. MacPhails decision infuriated George Steinbrenner, the Yankees principal owner and Mr. MacPhails former boss. Mr. Steinbrenner fumed that if the ruling cost the Yankees their division race, Mr. MacPhail might consider going house-hunting in Kansas City. (The Yankees finished third in the A.L. East.) Mr. MacPhail survived the tempest. That year he became the major league club owners chief labor executive, and in 1985 he averted a second long players strike. As a member of the management negotiating team while he was A.L. president in 1981, he had been instrumental in settling a 50-day work stoppage. Leland Stanford MacPhail Jr. was born Oct. 25, 1917, in Nashville. He graduated from Swarthmore College in Pennsylvania, where he played baseball and

VIC DELUCIA/THE NEW YORK TIMES

Mr. MacPhail ruled in favor of the Royals George Brett in the 1983 pine-tar bat incident.
football. In 1941 he became the business manager of the Dodgers Interstate League farm team in Reading, Pa., while his father was bringing a pennant to Brooklyn for the first time in 21 years as the Dodgers general manager. Except for teaching history at Deerfield Academy in Massachusetts and serving in the Navy during World War II, Mr. MacPhail said, my whole working life was baseball. Mr. MacPhail played a key role in building the Yankees teams that dominated baseball in the two decades after World War II.

A part of the only father-son combination in the Hall of Fame.


He was the general manager of the Kansas City Blues, the Yankees top farm team, in the late 1940s, joining the organization while his father was a one-third owner of the Yankees. He served as farm director and later as director of player personnel and assistant general manager of the Yankees from 1949 to 1958, when their minor league system produced stars like Mickey Mantle, Whitey Ford, Tony Kubek, Bobby Richardson and Bill Skowron. Mr. MacPhail left the Yankees to become general manager of the Orioles in 1959. He developed a farm system in Baltimore that produced the Hall of Famer Jim Palmer, and he engineered the trade that brought the Hall of Fame slugger Frank Robinson from the Reds after the 1965 season. The Orioles won their first pennant in 1966, then swept the Los Angeles Dodgers in the World Series. But Mr. MacPhail had left Baltimore by then, having become the administrative aide to William D. Eckert, a retired Air Force general, who had been named baseball commissioner despite knowing little

about the game. I was always with him and was generally described as the man who was there to show him where second base was, Mr. MacPhail recalled. He returned to the Yankees in October 1966 as their general manager, hoping to rebuild a storied franchise that had fallen on hard times while owned by CBS. The Yankees were an aging team with few talented replacements in the minors, and over the next six years Mr. MacPhail was unable to bring another pennant to New York. When Mr. Steinbrenner gained control of the franchise in January 1973, he quickly involved himself in baseball decisions, and at the end of the 1973 season Mr. MacPhail and the Yankees manager, Ralph Houk, left the team. Mr. MacPhail became the A.L. president in 1974 with the retirement of Joe Cronin and served two five-year terms. He ran the player relations committee, managements labor relations arm, from 1983 to 1985, then retired from baseball. Mr. MacPhail is survived by three sons from his marriage to the former Jane Hamilton, who died in 1972: Bruce, Allen and Andy. Andy MacPhail was the Orioles president for baseball operations, the general manager of the Minnesota Twins when they won the World Series in 1987 and 1991, and president of the Chicago Cubs. Mr. MacPhail is also survived by grandchildren and greatgrandchildren. One grandson is Lee MacPhail IV, the Orioles director of professional scouting, representing a fourth generation of MacPhails in baseball. Mr. MacPhails brother, Bill, who died in 1996, was a pioneering television sports executive. A son, Lee MacPhail III, was the general manager of the minor league Reading Phillies when he was killed in an automobile accident in 1969. Mr. MacPhails second wife, the former Gwen Dayton, whom he married in 1974, died in 2002. In his autobiography, My 9 Innings, published in 1989, Mr. MacPhail was self-effacing in describing the scene when he would go home after a day at the ballpark. When I came out after a game, there were a gang of kids waiting to get the players autographs, and especially in my younger days I would be mobbed, he wrote. Someone at the back of the group would yell, Who is it? and then one of the kids who had gotten my autograph would exclaim in disgust, Oh, hes nobody. But you couldnt not sign; they wouldnt believe it if you tried to tell them you were nobody. In 1998, 20 years after his father was inducted, Lee MacPhail was enshrined at Cooperstown.

Joseph Sargent, 83, a Founder of a Ski Resort


By DANIEL E. SLOTNIK

Joseph Sargent, a financier who helped found the Killington ski area in Vermont, a once-littleknown peak that grew into one of Americas largest winter sports resorts, died on Wednesday in West Hartford, Conn. He was 83. He had been treated for pancreatic cancer, his son Tom said. Mr. Sargent, an avid skier, became involved in the Killington enterprise in the mid-1950s, when he attended a meeting where another businessman, Preston Smith, pitched the idea of a ski development in rural Vermont to
ONLINE: NOTABLE DEATHS

Killington, in Vermont, now has 140 trails and 22 lifts.


a group of potential investors. The offer was deemed too risky by most of the others, but Mr. Sargent jumped on the idea. Mr. Sargent, Mr. Smith and a third partner, Wally Morrison, soon formed the Sherburne Corporation and raised $80,000, a relatively small amount with which to start a resort. Mr. Smith, as chief executive, worked full time on the mountain and Mr. Sargent became chairman, driving up from West Hartford on weekends, sometimes helping to clear stumps and install ski lifts. Killington opened on Dec. 13, 1958, with two lifts serving fewer

A slide show highlighting the lives of some of those who died in 2012.
nytimes.com/obituaries

than 10 trails. Amenities included a base lodge made from a repurposed Civilian Conservation Corps hut and a ticket booth made from a chicken coop. By the mid-1970s, Sherburne had acquired other resorts, and in 1996, Mr. Smith and Mr. Sargent sold the company to L.B.O. Enterprises for more than $100 million. Killington now has 140 trails and 22 lifts across seven mountains. Joseph Denny Sargent was born on Sept. 11, 1929, in Hartford. He started skiing in high school at St. Pauls School in Concord, N.H., and continued at Yale, where he earned degrees in economics and geology. In addition to his son, Mr. Sargent is survived by his wife, the former Mary Tennant; another son, Robert; two daughters, Suzanne and Diane; and 11 grandchildren.