Egypt’s President Said to Limit Scope of Judicial Decree


Tara Todras-Whitehill for The New York Times


Egyptians at a burned-out school in Cairo on Monday before the funeral of an activist who was injured in a clash and died Sunday.







CAIRO — With public pressure mounting, President Mohamed Morsi appeared to pull back Monday from his attempt to assert an authority beyond the reach of any court. His allies in the Muslim Brotherhood canceled plans for a large demonstration in his support, signaling a chance to calm an escalating battle that has paralyzed a divided nation.




After Mr. Morsi met for hours with the judges of Egypt’s Supreme Judicial Council, his spokesman read an “explanation” on television that appeared to backtrack from a presidential decree placing Mr. Morsi’s official edicts above judicial scrutiny — even while saying the president had not actually changed a word of the statement.


Though details of the talks remained hazy, and it was not clear whether the opposition or the court would accept his position, Mr. Morsi’s gesture was another demonstration that Egyptians would no longer allow their rulers to operate above the law. But there appeared little chance that the gesture alone would be enough to quell the crisis set off by his perceived power grab.


Protesters remained camped in Tahrir Square, and the opposition was moving ahead with plans for a major demonstration on Tuesday.


The presidential spokesman, Yasser Ali, said for the first time that Mr. Morsi had sought only to assert pre-existing powers already approved by the courts under previous precedents, not to free himself from judicial oversight.


He said that the president meant all along to follow an established Egyptian legal doctrine suspending judicial scrutiny of presidential “acts of sovereignty” that work “to protect the main institutions of the state.” The judicial council had said Sunday that it could bless aspects of the decree deemed to qualify under the doctrine.


Mr. Morsi had maintained from the start that his purpose was to empower himself to prevent judges appointed by former President Hosni Mubarak from dissolving the constituent assembly, which is led by his fellow Islamists of the Muslim Brotherhood’s Freedom and Justice Party. The courts have already dissolved the Islamist-led Parliament and an earlier constituent assembly, and the Supreme Constitutional Court was widely expected to rule against this one next week.


But the text of the original decree had exempted all presidential edicts from judicial review until the ratification of a constitution, not just those edicts related to the assembly or justified as “acts of sovereignty.”


Legal experts said that the spokesman’s explanations of the president’s intentions, if put into effect, would amount to a revision of the decree Mr. Morsi issued last Thursday. But lawyers said that the verbal statements alone carried little legal weight.


How the courts would apply the doctrine remained hard to predict. And Mr. Morsi’s opposition indicated it was holding out for far greater concessions, including the breakup of the whole constituent assembly.


Speaking at a news conference while Mr. Morsi was meeting with the judges, the opposition activist and intellectual Abdel Haleem Qandeil called for “a long-term battle,” declaring that withdrawal of Mr. Morsi’s new powers was only the first step toward the opposition’s goal of “the withdrawal of the legitimacy of Morsi’s presence in the presidential palace.” Completely withdrawing the edict would be “a minimum,” he said.


Khaled Ali, a human rights lawyer and former presidential candidate, pointed to the growing crowd of protesters camped out in Tahrir Square for a fourth night. “The one who did the action has to take it back,” Mr. Ali said.


Moataz Abdel Fattah, a political scientist at Cairo University, said Mr. Morsi was saving face during a strategic retreat. “He is trying to simply say, ‘I am not a new pharaoh; I am just trying to stabilize the institutions that we already have,’ ” he said. “But for the liberals, this is now their moment, and for sure they are not going to waste it, because he has given them an excellent opportunity to score.”


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HTC confirms 5-inch ‘Deluxe’ smartphone won’t launch in Europe












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Newton leads Panthers past Eagles 30-22

PHILADELPHIA (AP) — They were two words on a sponsor's banner draped behind the Philadelphia Eagles' postgame podium: Imagine. Change.

For disgusted Eagles fans, that's all they can do, especially with coach Andy Reid still running the show. They won't have to imagine much longer.

After 14 seasons, one Super Bowl appearance, and, now a dreadful losing streak, the countdown to the end of Reid's tenure is hitting high gear in Philadelphia. Owner Jeffrey Lurie already has said that an 8-8 record would be "unacceptable" this year.

The Eagles would have to finish 5-0 just to get there after Cam Newton threw for two touchdowns and ran for two more to lead the Carolina Panthers to a 30-22 victory over the Philadelphia Eagles on Monday night.

Newton, who hadn't played up to his sensational rookie season, showed no signs of a sophomore slump against Philadelphia's porous pass defense. He finished 18 of 28 for 306 yards and had a passer rating of 125 in a matchup of teams with the worst records in the NFC.

Newton was only the latest player to shine against an Eagles (3-8) team about all out of hope. The Eagles haven't won since beating the defending Super Bowl champion New York Giants to go 3-1, a skid that has put Reid's job in real jeopardy. Unless Lurie has an implausible change of heart, Reid's run is about over, an inglorious end for the coach who led the Eagles to five conference championship games.

Lurie ducked out of a pregame press conference for the team's Hall of Fame before he could take questions from reporters. Reid said he hasn't discussed his job status with his boss.

"I'm not worried about all of the other things," Reid said. "I'm worried about winning football games and making sure I get my players coached up to where we do a better job with that."

As Philadelphia's seventh straight loss came to a close, some fed-up fans held up a banner that read, "Jeff This Is On You."

While Lurie surely joins Reid in taking a share of the blame for this ugly season, the players have been awful.

"I feel bad for Andy because he's in a horrible situation in a town that is critical, and rightly so," tight end Brent Celek said. "If I was the fans, I'd be mad, too. I don't see Andy as the problem. I see it as us."

Their latest problem was an inability to solve Newton.

Newton, the No, 1 overall pick in 2011, lived up to the hype by throwing for 4,051 yards with 21 TD passes and 14 TDs on the ground in his first year. He entered this game with only nine TD passes and four TDs rushing, a major disappointment for Panthers fans.

But Newton outshined rookie seventh-round pick Nick Foles in his Monday night debut.

Newton had a 24-yard TD toss over the middle to a wide-open Gary Barnidge for a 7-3 lead. He connected with Brandon LaFell on a 43-yard pass to make it 14-3 later in the first quarter. LaFell was wide open on the play, taking advantage of another breakdown in coverage in the secondary.

Newton led a 95-yard drive to open the third quarter, finishing it off with a 1-yard leap to give the Panthers a 21-15 lead. Newton hit Louis Murphy for a 55-yard gain on a second-and-11 from Carolina's 16.

"I think my best game is still to come," Newton said. "I'm still focused on getting better each and every week."

Carolina (3-8) went ahead 24-22 early in the fourth quarter on Graham Gano's 23-yard field goal.

"It's been a long time in coming," Panthers coach Ron Rivera said. "Lots of people contributed and made plays. Real proud of what we did and the things we did to give ourselves a chance to win."

Bryce Brown set an Eagles' rookie record with 178 yards rushing, including TD runs of 65 and 5 yards. Brown, filling in for injured running back LeSean McCoy, surpassed Correll Buckhalter's rookie mark of 134 yards rushing in his first start since his senior year at Wichita East High School in 2008. Brown also lost two fumbles, including one in Panthers' territory.

Foles was so-so in his second straight start for Michael Vick, who sat out with a concussion. Foles was 16 of 21 for 119 yards.

"The most important thing for me was for us to get the win and that didn't happen tonight," Brown said. "I felt like a lot of that had to do with my two turnovers. It really, really cost us."

After Gano's field goal put them up for good, the Panthers finally stopped Brown when it mattered most, stuffing him on a fourth-and-1 to take over on downs at their 40. Newton led them downfield, running in from the 2 to make it 30-22. Gano, signed last week, missed the extra point. But Brandon Boykin fumbled after a 44-yard kickoff return, the Panthers recovered and held the ball the final 4:29.

The Panthers have shown they're better than their record. They have lost six games by less than a touchdown, including a 2-point loss at Atlanta and a 1-point loss at Chicago.

"It's a huge stage, Monday Night Football, on the road," tackle Jordan Gross said. "It was just big for us and big for the guys on the team who haven't experienced something like this."

For the Eagles, it was simply the latest loss in a season stuffed with them. The Linc was quiet and empty except for some boos when busted coverage led to another Carolina TD. They fled for the exits once the Panthers took over for the final time.

Dwindling fan support is one thing. Losing it from Lurie is quite another for Reid.

"He's as competitive as anybody and he wants to win games," Reid said. "That's what he's in this business for."

NOTES: Neither Vick nor McCoy has been cleared to return to practice. The injury-depleted Eagles lost wide receiver DeSean Jackson (sternum) and defensive tackle Fletcher Cox (tail bone) in the first half. ... The Eagles inducted five-time Pro Bowl cornerback Troy Vincent and longtime front office executive Leo Carlin into the team's Hall of Fame at halftime. ... Brown's 65-yard TD run was the longest for the Eagles since McCoy's 66-yard TD vs NYG on Nov. 1, 2009. ... Buckhalter had 134 yards rushing vs. Arizona on Oct. 7, 2001. ... Newton led the Panthers with 52 yards rushing.

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Follow Dan Gelston on Twitter: https://twitter.com/APGelston

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

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The New Old Age Blog: New Efforts to Close Hospitals' Revolving Doors

In the past, the only thing a patient was sure to get after a hospital stay was a bill. But as Medicare cracks down on high readmission rates, hospitals are dispatching nurses, transportation, culturally specific diet tips, free medications and even bathroom scales to patients deemed at risk of relapsing.

Robert Wood Johnson University Hospital in New Brunswick, N.J., has nurses visit high-risk patients at their home within two days of leaving the hosital. Teresa De Peralta, a nurse practitioner who runs the program, said they frequently find that patients don’t realize a drug they were prescribed in the hospital does the same thing as one they have already been taking.

“When medications are changed, they don’t want to throw things out, they think it’s a waste,” Ms. De Peralta said. “We actually go through the cupboards and painstakingly write out in big letters what they should be taking during the day.”

Many hospital officials say their efforts to keep patients healthy after discharge have been spurred by new financial penalties Medicare started imposing in October on places with too many readmissions. Increasingly, hospitals are no longer leaving to patients the responsibility for setting up follow-up appointments or filling new prescriptions.

And hospitals are not assuming that personnel in nursing homes and other facilities know how to properly care for their patients and follow the hospital discharge instructions.

Patients taking the wrong dose or mixing medicines that react badly often end up back in the hospital. A survey of 377 elderly patients at Yale-New Haven Hospital, published this year in The Journal of General Internal Medicine, discovered that 81 percent of the patients either didn’t understand what all their prescriptions were for; were prescribed the wrong drug or the wrong dose; were taken off a drug they needed, or never picked up a new prescription.

Dr. Leora Horwitz, the study’s leader, said patients who were called a week after their discharge and were asked what changes to their medication they were supposed to make “overwhelmingly” couldn’t tell them.

A big part of reducing readmissions is making sure that patients understand early warning signs that their health is deteriorating. Sun Health Care Transitions, a foundation-supported program in Sun City, Ariz., gives scales to some patients with congestive heart failure because small weight gains indicate they are retaining water, a sign that their heart isn’t pumping adequately.

“We have them keep a log,” said Jennifer Drago, a Sun Health vice president. “We want them to be looking for a two-pound daily weight gain, or five pounds over the week.”

Patients whose weight creeps up are quickly sent back to their doctor. Debra Richards, director of case management at Banner Del E. Webb Medical Center, one of the hospitals Sun Health is assisting, said, “That program has helped us quite a bit.”

Shady Grove Adventist Hospital in Rockville, Md., has started taking patients’ cultural backgrounds into consideration when doling out advice about maintaining their health. For example, the hospital encourages Salvadoran patients to substitute olive oils for the palm oils their cuisine traditionally calls for, to roast or bake meat instead of frying it and to use sugar substitutes when making horchata, a popular Central American drink.

When Hackensack University Medical Center sent staff members to teach caregivers how to take care of their patients, one place “didn’t even know what a low-salt diet was,” even though that’s a critical part of keeping heart failure patients from retaining fluids, said Dr. Charles Riccobono, chief quality and safety officer at the New Jersey hospital.

Aurora Health Care, a Milwaukee-based health system, now places its own nurse practitioners in several nursing homes to watch over Aurora’s discharged patients. Aurora says readmission rates of those patients have decreased, in some months by as much as half.

Dr. Eric Coleman, a Denver geriatrician whose ideas on reducing readmissions have been adopted by a number of hospitals and Medicare, said that while some hospital changes are “exciting and new,” others are “relabeling old wine in new bottles.”

“Yesterday we had ‘discharge planning’ and today we have a ‘rapid response transition team,’ and content-wise they’re doing the same thing,” Dr. Coleman said. “But it’s a nice thing to report out to the board of trustees.”

Jordan Rau is a reporter for Kaiser Health News, an editorially independent program of the Henry J. Kaiser Family Foundation, a nonprofit, nonpartisan health policy research and communication organization not affiliated with Kaiser Permanente.

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Puerto Rico Races to Rescue Its Pension Fund





Puerto Rico is fighting to stay afloat in a rising sea of debt.




Its economy is sputtering. Its population is shrinking. Its recent election is disputed. Its public pension fund is perilously low on cash. The American territory has just been through a brutal five-year recession, something not experienced in the United States as a whole since the 1930s.


Desperate to raise cash, Puerto Rican officials have been selling off anything they can: two toll roads and the main airport so far.


To bring in tax revenue, they are trying to lure people out of the underground economy. Coffee shops, hairdressers, even outdoor market stalls are being required to issue printed receipts with every sale. The receipts carry a lottery number, with a chance to win cars or cash, as an incentive to get shoppers to pay the island’s 7 percent sales tax.


Though many of Puerto Rico’s problems are reminiscent of Greece’s — tax noncompliance, a stagnant economy, years of issuing long-term debt to cover short-term payments — investors have had a nearly insatiable appetite for its bonds.


But now their support is dwindling. Some big investors are pruning their holdings. That is beginning to widen the cost of borrowing for Puerto Rico relative to other states and municipalities, which are benefiting from a big decline in borrowing costs. The interest rate its 30-year bonds now pay is about 2.5 percentage points higher than other municipal borrowers’, up from a difference of just 1.5 percentage points at the beginning of 2012, according to Municipal Market Data.


The possibility of a credit downgrade also hangs in the air, something that could lead to more selling.


“There is no specific event looming on the horizon,” said Alan Schankel, a managing director at Janney Capital Markets in Philadelphia. “But it’s a problem of immense magnitude, and it’s very challenging to sit here and see how they work their way out of it.”


Puerto Rico needs to be able to issue bonds at attractive rates to cover its short-term financing needs. Perhaps more important, it has to figure out how to salvage its retirement funds. After shortchanging them for years, it now has the weakest major public pension system in America.


The main fund, which serves about 250,000 government workers, past and present, is only 6 percent funded — a small percentage of what is considered the minimum needed for a marginally healthy pension plan — and could run out of money as soon as 2014. Another fund, for about 80,000 teachers, which is 20 percent funded, will last just a few years longer if nothing is done. Police officers and teachers in Puerto Rico have opted out of Social Security and rely entirely on their pensions.


“For now, I’m not totally shaken about the possibility of the fund going broke,” said Jorge Ramón Román, a 78-year-old retired instructor for the island’s Civil Air Patrol. “But I do fear for the future, when I’ll be an even older person, more infirm and with less of a pension.”


Héctor M. Mayol Kauffman, the executive director of the pension system, said it would be impossible to cut the benefits of people who are already retired, citing court precedent.


Puerto Rican officials were racing this fall to put together a rescue plan for the pension fund. Voters, though, pushed out Gov. Luis Fortuño, who had tried austerity measures that included cutting tens of thousands of government workers along with a revamping of the fund.


They elected Alejandro García Padilla, who promised to create 50,000 new jobs in the next 18 months. But the margin was razor-thin and Mr. Fortuño has requested a recount. Mr. García Padilla’s party had dropped out of the retirement overhaul effort, but the governor-elect says he will deal with the looming pension crisis with “diligence and promptness” and has put together a task force of economists and financial advisers.


“We will not leave retired government workers stranded at a bus stop in their older years,” he said.


Since the election, yields on the island’s 30-year bonds have continued to widen.


“I don’t think that there’s a default that’s about to happen, but a default isn’t the only bad thing that can happen when you’ve got bonds,” Mr. Schankel said. Puerto Rico’s bonds are just a notch or two above junk status. If they fall to that level, at least some institutions would be forced to sell, potentially setting off a chain reaction. And individual investors could get a jolt if they saw the value of their holdings fall. Many people own Puerto Rican debt without knowing it, through their mutual funds.


“The concern is that Puerto Rico is a systemic risk to the municipal bond market because it’s so widely held,” said Robert Donahue, a managing director with Municipal Market Advisors.


Rafael Matos contributed reporting from San Juan, P.R.



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As Rebels Gain, Congo Again Slips Into Chaos





GOMA, Democratic Republic of Congo — The lights are out in most of Goma. There is little water. The prison is an empty, garbage-strewn wasteland with its rusty front gate swinging wide open and a three-foot hole punched through the back wall, letting loose 1,200 killers, rapists, rogue soldiers and other criminals.




Now, rebel fighters are going house to house arresting people, many of whom have not been seen again by their families.


“You say the littlest thing and they disappear you,” said an unemployed man named Luke.


In the past week, the rebels have been unstoppable, steamrolling through one town after another, seizing this provincial capital, and eviscerating a chaotic Congolese Army whose drunken soldiers stumble around with rocket-propelled grenades and whose chief of staff was suspended for selling crates of ammunition to elephant poachers.


Riots are exploding across the country — in Bukavu, Butembo, Bunia, Kisangani and Kinshasa, the capital, a thousand miles away. Mobs are pouring into streets, burning down government buildings and demanding the ouster of Congo’s weak and widely despised president, Joseph Kabila.


Once again, chaos is courting Congo. And one pressing question is, why — after all the billions of dollars spent on peacekeepers, the recent legislation passed on Capitol Hill to cut the link between the illicit mineral trade and insurrection, and all the aid money and diplomatic capital — is this vast nation in the heart of Africa descending to where it was more than 10 years ago when foreign armies and marauding rebels carved it into fiefs?


“We haven’t really touched the root cause,” said Aloys Tegera, a director for the Pole Institute, a research institute in Goma.


He said Congo’s chronic instability is rooted in very local tensions over land, power and identity, especially along the Rwandan and Ugandan borders. “But no one wants to touch this because it’s too complicated,” he added.


The most realistic solution, said another Congo analyst, is not a formal peace process driven by diplomats but “a peace among all the dons, like Don Corleone imposed in New York.”


Congo’s problems have been festering for years, wounds that never quite scabbed over.


But last week there was new urgency after hundreds of rebel fighters, wearing rubber swamp boots and with belt-fed machine guns slung across their backs, marched into Goma, the capital of North Kivu Province and one of the country’s most important cities.


The rebels, called the M23, are a heavily armed paradox. On one hand, they are ruthless. Human rights groups have documented how they have slaughtered civilians, pulling confused villagers out of their huts in the middle of the night and shooting them in the head.


On the other hand, the M23 are able administrators — seemingly far better than the Congolese government, evidenced by a visit in recent days to their stronghold, Rutshuru, a small town about 45 miles from Goma.


In Rutshuru, there are none of those ubiquitous plastic bags twisted in the trees, like in so many other parts of Congo. The gravel roads have been swept clean and the government offices are spotless. Hand-painted signs read: “M23 Stop Corruption.” The rebels even have green thumbs, planting thousands of trees in recent months to fight soil erosion.


“We are not a rebellion,” said Benjamin Mbonimpa, an electrical engineer, a bush fighter and now a top rebel administrator. “We are a revolution.”


Their aims, he said, were to overthrow the government and set up a more equitable, decentralized political system. This is why the rebels have balked at negotiating with Mr. Kabila, though this weekend several rebels said that the pressure was increasing on them to compromise, especially coming from Western countries.


On Sunday, rebel forces and government troops were still squared off, just a few miles apart, down the road from Goma.


The M23 rebels are widely believed to be covertly supported by Rwanda, which has a long history of meddling in Congo, its neighbor blessed with gold, diamonds and other glittering mineral riches. The Rwandan government strenuously denies supplying weapons to the M23 or trying to annex eastern Congo. Rwanda has often denied any clandestine involvement in this country, only to have the denials later exposed as lies.


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Betfair pulls out of Greece over permits row












LONDON (Reuters) – Online gambling exchange Betfair said it would withdraw from the Greek market until there was greater clarity on gaming regulation in the country.


Betfair, which has not yet applied for a permit to operate in Greece, questioned the cost and conditions attached to permits required by gaming firms to trade in the country.












“According to legal advice received, the value of these permits is unclear and we consider the gambling legislation in the country to be inconsistent with European law,” Betfair said on Monday.


“The associated fiscal conditions attached to these permits, which may include payment of taxes on historical revenues, make the market economically unattractive.”


Earlier this month the Greek Gaming Commission said gambling firms operating in Greece without a permit would face financial penalties and criminal sanctions.


Betfair said it believes there are “significant issues with the legality of this decision” by the Greek Gaming Commission.


It added that it was disappointed the European Commission had not moved to prevent what Betfair calls “protectionist behavior.”


Earlier this month Betfair, which launched 12 years ago and operates an exchange system that allows gamblers to bet against each other rather than the bookmaker, withdrew its online sports betting exchange in Germany because of a tax levied on stakes on sports events from July 2012.


The European Commission last month said it was not proposing EU-wide legislation to regulate online gambling.


Prior to Betfair’s decision to withdraw from the market, it had been expected to generate 13 million pounds ($ 20.81 million) of revenue from the Greek market in the current financial year.


($ 1 = 0.6246 British pounds)


(Reporting by Rhys Jones; editing by James Davey)


Internet News Headlines – Yahoo! News


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Cancer patient gets wish, Giants play like champs

EAST RUTHERFORD, N.J. (AP) — A week off, some rest and a poignant plea from a 15-year-old cancer patient got the New York Giants back on track.

Now the rest of the NFL has something to worry about. The Giants are playing like world champions again.

A refreshed Eli Manning came back from the bye week and threw three touchdown passes as the Giants embarrassed Aaron Rodgers and the streaking Green Bay Packers 38-10 on Sunday night.

The win snapped a two-game losing streak and gave the Giants (7-4) a two-game lead in the NFC East with five games left in the regular season. The dominating performance also ended a five-game winning streak for the Packers (7-4), who fell a game behind Chicago in the NFC North.

"We just had to go out there with a lot of confidence and play like we are capable," Giants center David Baas said. "I felt we did that. We showed everybody. People that counted us out, they better wake up."

No one was more pleased with the Giants than Adam Merchant. The 15-year-old fan from Barre, Vt., attended Friday's practice and Sunday's game, thanks to the Make-A-Wish Foundation.

Merchant spoke to the team after practice and seemed to remind them what it's all about.

"I told them to go out and play like world champs," he said, sitting at a locker next to defensive captain Justin Tuck.

When asked why he gave the message, he shot back:

"Because we really needed to go out and play like world champs."

Against the Packers, the Giants did.

Manning, who had not thrown a touchdown in three games, had scoring strikes of 16 yards to rookie Rueben Randle, 9 yards to Victor Cruz and 13 to Hakeem Nicks. The last one gave him 200 for his career, breaking the team record held by Phil Simms.

"The thing I'm most proud of tonight is the way we played and getting a win," said Manning, who was 16 of 30 for 249 yards. "This was a big game, we needed to come out and play well and get a win. We finally got back to playing offense, defense, special teams, all of us playing at a high level, playing as a team, and hopefully we can build off of this momentum."

Everybody seemed to contribute. Ahmad Bradshaw ran 13 yards for a touchdown and went 59-yards with a screen pass to set up Andre Brown's 2-yard TD run on the opening drive.

The defense sacked Rodgers five times and set up 10 points with Corey Webster's pick leading to Lawrence Tynes' field goal and Osi Umenyiora's strip-sack and Jason Pierre-Paul's 10-yard return setting up Bradshaw's TD run that gave New York a 31-10 lead.

The 31 points were the most scored by the Giants in a half this season, and it pretty much decided the game.

The only negative was Brown broke his left leg in the second half and his season looks done.

The Packers were done before that, at as far as this game.

"I think this is a game that makes everybody look inside and find out what you're about," coach Mike McCarthy said. "I haven't felt like this since the first game I coached as a Green Bay Packers head coach. Beaten very thoroughly tonight. It doesn't taste good. It doesn't feel good."

Rodgers got Green Bay off to a great start, connecting with Jordy Nelson on a 61-yard scoring pass on its first series. There was little else to celebrate in a game where he finished 14 of 25 for 219 yards, an interception and a lost fumble.

"You win five in a row and everyone is happy, but like I said last year during the run, there are things that go under the radar that need to be handled," Rodgers said "Sometimes it takes a loss. ... We need to remember this feeling and not have this kind of embarrassment happen again.

The Packers were missing such key starters as linebacker Clay Matthews, defensive back Charles Woodson and receiver Greg Jennings, and it showed as they were manhandled by the Giants for the second straight time. New York beat them 37-20 in the NFC semifinal, a game some Packers said they lost more than the Giants won.

This one, there was no doubt who was the better team.

"We went out there and proved it," Merchant said.

Manning was impressed with the way Merchant handled himself, saying players felt it was special that the youngster had one wish and chose to spend time with the Giants.

"He had the opportunity to come out and talk to the team, so Coach Coughlin does a great job and all the players do a great job of making him feel welcome and fired up," Manning said. "It can be kind of nerve-racking to come talk to your favorite team and have a little pep talk, but he did a great job and he said to go show everybody you're the world champions and why you're the world champions and play that way. I think it got everybody fired up and obviously we came out and played the way that we know we can."

The Giants never trailed after Manning's touchdown pass to Randle, the first of his career. Webster's interception set up Tynes' field goal for a 17-7 lead and Cruz capped a 61-yard drive early in the second quarter to push the lead to 24-7.

A short field goal by Mason Crosby got Green Bay within two touchdowns, but Umenyiora's forced fumble set up Bradshaw's TD run and the game was over by halftime.

NOTES: The Giants lost safety Kenny Phillips with a knee injury in the third quarter. He was making his first appearance since Week 4. ... Giants right tackle David Diehl sustained a stinger in the first half. ... Green Bay lost safety M.D. Jennings (rib), DE C.J. Wilson (knee), and RB Johnny White (concussion). ... Giants tight end Martellus Bennett caught a fan who leaned too far over the lower railing trying to grab a glove Bennett was giving a child after the game. The fan was arrested.

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Agency Investigates Deaths and Injuries Associated With Bed Rails


Thomas Patterson for The New York Times


Gloria Black’s mother died in her bed at a care facility.







In November 2006, when Clara Marshall began suffering from the effects of dementia, her family moved her into the Waterford at Fairway Village, an assisted living home in Vancouver, Wash. The facility offered round-the-clock care for Ms. Marshall, who had wandered away from home several times. Her husband Dan, 80 years old at the time, felt he could no longer care for her alone.








Thomas Patterson for The New York Times

Gloria Black, visiting her mother’s grave in Portland, Ore. She has documented hundreds of deaths associated with bed rails and said families should be informed of their possible risks.






But just five months into her stay, Ms. Marshall, 81, was found dead in her room apparently strangled after getting her neck caught in side rails used to prevent her from rolling out of bed.


After Ms. Marshall’s death, her daughter Gloria Black, who lives in Portland, Ore., began writing to the Consumer Product Safety Commission and the Food and Drug Administration. What she discovered was that both agencies had known for more than a decade about deaths from bed rails but had done little to crack down on the companies that make them. Ms. Black conducted her own research and exchanged letters with local and state officials. Finally, a letter she wrote in 2010 to the federal consumer safety commission helped prompt a review of bed rail deaths.


Ms. Black applauds the decision to study the issue. “But I wish it was done years ago,” she said. “Maybe my mother would still be alive.” Now the government is studying a problem it has known about for years.


Data compiled by the consumer agency from death certificates and hospital emergency room visits from 2003 through May 2012 shows that 150 mostly older adults died after they became trapped in bed rails. Over nearly the same time period, 36,000 mostly older adults — about 4,000 a year — were treated in emergency rooms with bed rail injuries. Officials at the F.D.A. and the commission said the data probably understated the problem since bed rails are not always listed as a cause of death by nursing homes and coroners, or as a cause of injury by emergency room doctors.


Experts who have studied the deaths say they are avoidable. While the F.D.A. issued safety warnings about the devices in 1995, it shied away from requiring manufacturers to put safety labels on them because of industry resistance and because the mood in Congress then was for less regulation. Instead only “voluntary guidelines” were adopted in 2006.


More warnings are needed, experts say, but there is a technical question over which regulator is responsible for some bed rails. Are they medical devices under the purview of the F.D.A., or are they consumer products regulated by the commission?


“This is an entirely preventable problem,” said Dr. Steven Miles, a professor at the Center for Bioethics at the University of Minnesota, who first alerted federal regulators to deaths involving bed rails in 1995. The government at the time declined to recall any bed rails and opted instead for a safety alert to nursing homes and home health care agencies.


Forcing the industry to improve designs and replace older models could have potentially cost bed rail makers and health care facilities hundreds of million of dollars, said Larry Kessler, a former F.D.A. official who headed its medical device office. “Quite frankly, none of the bed rails in use at that time would have passed the suggested design standards in the guidelines if we had made them mandatory,” he said. No analysis has been done to determine how much it would cost the manufacturers to reduce the hazards.


Bed rails are metal bars used on hospital beds and in home care to assist patients in pulling themselves up or helping them out of bed. They can also prevent people from rolling out of bed. But sometimes patients — particularly those suffering from Alzheimer’s — can get confused and trapped between a bed rail and a mattress, which can lead to serious injury or even death.


While the use of the devices by hospitals and nursing homes has declined as professional caregivers have grown aware of the dangers, experts say dozens of older adults continue to die each year as more rails are used in home care and many health care facilities continue to use older rail models.


Since those first warnings in 1995, about 550 bed rail-related deaths have occurred, a review by The New York Times of F.D.A. data, lawsuits, state nursing home inspection reports and interviews, found. Last year alone, the F.D.A. data shows, 27 people died.


As deaths continued after the F.D.A. warning, a working group put together in 1999 and made up of medical device makers, researchers, patient advocates and F.D.A. officials considered requiring bed rail makers to add warning labels.


But the F.D.A. decided against it after manufacturers resisted, citing legal issues. The agency said added cost to small manufacturers and difficulties of getting regulations through layers of government approval, were factors against tougher standards, according to a meeting log of the group in 2000 and interviews.


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Oprah Winfrey Seeks a Younger Audience to Bolster a Flagging Empire


Stephanie Diani for The New York Times


Oprah Winfrey spoke last month at a convention held by O, The Oprah Magazine, in Los Angeles.







LOS ANGELES — It’s not easy to find a fresh way to photograph Oprah Winfrey.




That’s why the editors of O, The Oprah Magazine, recently tried to create a shot that recalled the glory days of Ms. Winfrey’s syndicated talk show. They arranged to photograph her for its April 2013 issue as she stepped onstage to speak to 5,000 attendees at the magazine’s annual conference, a New Age slumber party of sorts for women held at the convention center here last month. When Ms. Winfrey confidently strode out dressed in a sea foam green V-neck dress and a pair of perilously tall ruby red stilettos, the audience collectively leapt to its feet and shrieked at the sight of her.


“I love you, Oprah,” some women shouted, while other fans brushed away tears. “I love you back,” she responded in her signature commanding voice. “It’s no small thing to get the dough to come here.”


Ms. Winfrey, who used to receive this kind of applause from fans five days a week, has had fewer such receptions since the talk show she hosted for 25 years ended 18 months ago. The cable network OWN, which she started with Discovery Communications, is emerging from low ratings and management shake-ups. And without a regular presence on daytime network television, she cannot steer traffic to her other products as easily as in the past. Her magazine, in particular, has experienced a decline in advertising revenue and newsstand sales since the talk show finished.


“She’s still Oprah. But she’s still struggling,” said Janice Peck, an associate professor of journalism and mass communication at the University of Colorado who wrote the 2008 book “The Age of Oprah.” “I think she’s scared, even though she’s very, very rich and she’s always going to be very, very rich. The possibility of failure, it’s quite scary.”


Ms. Winfrey, 58, has shown some signs of strain. She arrived at the conference with faint shadows under her eyes and announced to her best friend, Gayle King, and the audience simultaneously that she had a breast cancer scare the week before. (It was ultimately a false alarm.) When Ms. King grew visibly upset, one woman chided Ms. Winfrey for not telling her friend ahead of time and ordered her to apologize to Ms. King — all before an audience. Ms. Winfrey also did not hide her dissatisfaction with the criticism she had faced. She told the audience, “the press tried to cut me off at the knees” in its coverage of OWN, and bristled at questions about the challenges her magazine confronted.


“I don’t care what the form is,” Ms. Winfrey said with the conviction of a preacher. “I care about what the message is.”


With signs of progress at OWN, Ms. Winfrey now has more time to devote to other media platforms — her magazine, her radio channel on XM Satellite Radio, her Facebook page, which has 7.8 million subscribers, her Twitter account, which has nearly 15 million followers, and her latest content channel on The Huffington Post.


“It’s all an opportunity to speak to people,” Ms. Winfrey said as she sat for an interview during the conference, a pair of glittery gold stilettos slung in her hand and a couple of handlers in the corner quietly tapping away at smartphones. She pushed aside a bottle of sparkling water, a glass with a silver straw and a delicate orchid placed before her and spoke frankly about her plans.


“Ultimately, you have to make money because you are a business. I let other people worry about that. I worry about the message. I am always, always, always about holding true to the vision and the message, and when you are true to that, then people respond.”


When it comes to the magazine, Ms. Winfrey said her staff prepared her to expect a 25 percent decline in newsstand sales after the talk show ended. (It has been closer to 22 percent.) And while she acknowledged that she enjoyed “holding the magazine in my hand,” she was pragmatic about print’s future and said she would stop publishing a print magazine if it were not profitable.


“Obviously, the show was helping in ways that you know I hadn’t accounted for,” Ms. Winfrey said. “I’m not interested, you know, in bleeding money.”


Ms. Winfrey, who spoke in a conference room over the roars of an expectant crowd in the convention space below, said she knew that her brand’s strength stemmed from how she resonated with a breadth of viewers.


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