IHT Rendezvous: Environmentalists and Anti-Whalers: ‘Pirates’, or Protectors?

BEIJING — The battle between Japan’s “whale researchers” and anti-whaling groups has long been a furious one, often fought, precariously, between vessels heaving in icy seas.

But who here is the protector, who the pirate?

This week a federal judge in the United States ruled that Sea Shepherd, the anti-whaling group, was a “pirate,” in a suit brought by the whale researchers, the Institute of Cetacean Research in Japan. (The institute, set up in 1987, a year after an international moratorium on whaling took effect to protect fast-dwindling species, says it is a “whale research program” but environmentalists say it is involved in commercial whaling and its Web site says it engages in “whaling.”)

“You don’t need a peg leg or an eye patch” to be a pirate, ruled Chief Judge Alex Kozinski of the 9th Circuit, in an opinion dated Feb. 25 in Seattle. (The 9th Circuit is an appeals court that is one level below the Supreme Court, the highest court in the nation.)

“When you ram ships; hurl glass containers of acid; drag metal-reinforced ropes in the water to damage propellers and rudders; launch smoke bombs and flares with hooks; and point high-powered lasers at other ships, you are, without a doubt, a pirate, no matter how high-minded you believe your purpose to be,” the judge ruled, finding in favor of the Institute, which he described as “Japanese researchers who hunt whales in the Southern Ocean.”

The judge defined a pirate as someone involved in acts of violence on the high seas and, importantly, driven by “private” ends.

Here’s how the United Nations Convention on the Law of the Sea defines piracy, as cited by the judge: “illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship . . . and directed . . . on the high seas, against another ship . . . or against persons or property on board such ship.”

The argument is of course more complicated than that (legal judgments usually are) but it does seem to raise the following important question: can environmentalists, who are working to protect their surroundings, be considered to be motivated merely by “private” ends? Or is it a larger, “public” ends that drive them?

The judge said in his ruling the issue had not been much studied. “Belgian courts, perhaps the only ones to have previously considered the issue, have held that environmental activism qualifies as a private end,” he wrote.

Unsurprisingly, the verdict is roiling environmentalists, with Sea Shepherd’s founder, Paul Watson, saying: “They are entitled to their opinion, but the Australian Federal Court deemed the Japanese (whalers) to be pirates.”

What do you think? Can environmentalists fighting to protect our natural surroundings be considered pirates driven by private ends? Are Sea Shepherd’s tactics too extreme? As our environment degrades, might one day the degraders be the ones who find themselves branded “pirates” drive by “private ends”?

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American Idol Reveals Its Top 10 Women






American Idol










02/27/2013 at 10:45 PM EST







From left: Randy Jackson, Mariah Carey, Ryan Seacrest, Nicki Minaj, Keith Urban


Michael Becker/FOX


American Idol's's list of the top 10 women is complete!

After the first week of sudden-death rounds, the judges gave their stamp of approval to five more female singers Wednesday night. And they sent five others home.

Keep reading to find out who's in and who's out on Idol ...

Here are the five contestants who are moving on in the competition:

1. Zoanette Johnson: The Tulsa resident, 20, was the first to be put through by the judges, who showered her with praise for singing a spirited version of "Circle of Life" from The Lion King. Keith Urban declared her "queen of the jungle." Nicki Minaj told Zoanette, "You make me so emotional ... You're the person we're going to remember tonight."

2. Aubrey Cleland: After singing a slowed-down version of Beyoncé's "Sweet Dreams," Mariah Carey told Cleland, 19, "You're limitless." Nicki and Randy Jackson pointed out her commercial appeal. "Lookin' like a current artist, soundin' like one, feelin' like one," said Nicki of the performance.

3. Candice Glover: Taking on Aretha Franklin's "(You Make Me Feel Like) A Natural Woman" paid off for the singer, 23, who earned a standing ovation from Keith. Randy said she was "one of my favorite singers in the whole competition."

4. Breanna Steer: "You're extremely marketable and gorgeous and talented," Mariah told the singer, 18, after she sang a dramatic version of Jazmine Sullivan's "Bust Your Windows" that had Randy wanting to sign her up for a recording contract. "You got the whole package," he said. "You brought so much drama."

5. Janelle Arthur: She beat out the other country singer in the competition, Rachel Hale, for the final spot in the women's top 10 after singing Lady Antebellum's "Just a Kiss." Though Randy called Arthur, 23, his "favorite country singer in this competition," the other judges questioned her song choice. "[The song] doesn't give you a chance to really soar," Keith said. "The melody kept pulling you back."

These five will join the five female finalists announced last week – Kree Harrison, Amber Holcomb, Adriana Latonio, Angela Miller and Tenna Torres – as well as the five men – Charlie Askew, Curtis Finch Jr., Paul Jolley, Elijah Liu and Devin Velez. Ten more guys will sing Thursday (8 p.m. ET) and five will move on to round out season 12's top 20.

Did the judges make the right decisions? Sound off in the comments below.

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Medicare paid $5.1B for poor nursing home care


SAN FRANCISCO (AP) — Medicare paid billions in taxpayer dollars to nursing homes nationwide that were not meeting basic requirements to look after their residents, government investigators have found.


The report, released Thursday by the Department of Health and Human Services' inspector general, said Medicare paid about $5.1 billion for patients to stay in skilled nursing facilities that failed to meet federal quality of care rules in 2009, in some cases resulting in dangerous and neglectful conditions.


One out of every three times patients wound up in nursing homes that year, they landed in facilities that failed to follow basic care requirements laid out by the federal agency that administers Medicare, investigators estimated.


By law, nursing homes need to write up care plans specially tailored for each resident, so doctors, nurses, therapists and all other caregivers are on the same page about how to help residents reach the highest possible levels of physical, mental and psychological well-being.


Not only are residents often going without the crucial help they need, but the government could be spending taxpayer money on facilities that could endanger people's health, the report concluded. The findings come as concerns about health care quality and cost are garnering heightened attention as the Obama administration implements the nation's sweeping health care overhaul.


"These findings raise concerns about what Medicare is paying for," the report said.


Investigators estimate that in one out of five stays, patients' health problems weren't addressed in the care plans, falling far short of government directives. For example, one home made no plans to monitor a patient's use of two anti-psychotic drugs and one depression medication, even though the drugs could have serious side effects.


In other cases, residents got therapy they didn't need, which the report said was in the nursing homes' financial interest because they would be reimbursed at a higher rate by Medicare.


In one example, a patient kept getting physical and occupational therapy even though the care plan said all the health goals had been met, the report said.


The Office of Inspector General's report was based on medical records from 190 patient visits to nursing homes in 42 states that lasted at least three weeks, which investigators said gave them a statistically valid sample of Medicare beneficiaries' experiences in skilled nursing facilities.


That sample represents about 1.1 million patient visits to nursing homes nationwide in 2009, the most recent year for which data was available, according to the review.


Overall, the review raises questions about whether the system is allowing homes to get paid for poor quality services that may be harming residents, investigators said, and recommended that the Centers for Medicare & Medicaid Services tie payments to homes' abilities to meet basic care requirements. The report also recommended that the agency strengthen its regulations and ramp up its oversight. The review did not name individual homes, nor did it estimate the number of patients who had been mistreated, but instead looked at the overall number of stays in which problems arose.


In response, the agency agreed that it should consider tying Medicare reimbursements to homes' provision of good care. CMS also said in written comments that it is reviewing its own regulations to improve enforcement at the homes.


"Medicare has made significant changes to the way we pay providers thanks to the health care law, to reward better quality care," Medicare spokesman Brian Cook said in a statement to AP. "We are taking steps to make sure these facilities have the resources to improve the quality of their care, and make sure Medicare is paying for the quality of care that beneficiaries are entitled to."


CMS hires state-level agencies to survey the homes and make sure they are complying with federal law, and can require correction plans, deny payment or end a contract with a home if major deficiencies come to light. The agency also said it would follow up on potential enforcement at the homes featured in the report.


Greg Crist, a Washington-based spokeswoman for the American Health Care Association, which represents the largest share of skilled nursing facilities nationwide, said overall nursing home operators are well regulated and follow federal guidelines but added that he could not fully comment on the report's conclusions without having had the chance to read it.


"Our members begin every treatment with the individual's personal health needs at the forefront. This is a hands-on process, involving doctors and even family members in an effort to enhance the health outcome of the patient," Crist said.


Virginia Fichera, who has relatives in two nursing homes in New York, said she would welcome a greater push for accountability at skilled nursing facilities.


"Once you're in a nursing home, if things don't go right, you're really a prisoner," said Fichera, a retired professor in Sterling, NY. "As a concerned relative, you just want to know the care is good, and if there are problems, why they are happening and when they'll be fixed."


Once residents are ready to go back home or transfer to another facility, federal law also requires that the homes write special plans to make sure patients are safely discharged.


Investigators found the homes didn't always do what was needed to ensure a smooth transition.


In nearly one-third of cases, facilities also did not provide enough information when the patient moved to another setting, the report found.


___


On the Web:


The OIG report: http://1.usa.gov/VaztQm


The Medicare nursing home database: http://www.medicare.gov/NursingHomeCompare/search.aspx?bhcp=1&AspxAutoDetectCookieSupport=1


___


Follow Garance Burke on Twitter at —http://twitter.com/garanceburke.


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Risk assets rise on Fed stimulus vow, Italy debt sale

TOKYO (Reuters) - Asian shares, commodity currencies and oil rose on Thursday as sentiment improved after U.S. Federal Reserve Chairman Ben Bernanke reaffirmed his commitment to strong stimulus measures, while a smooth debt sale calmed nerves jangled by Italy's political deadlock.


European markets are seen extending gains for a second day, with financial spreadbetters predicting London's FTSE 100 <.ftse>, Paris's CAC-40 <.fchi> and Frankfurt's DAX <.gdaxi> would open as much as 0.6 percent higher. <.l><.eu/>


A 0.1 percent rise in U.S. stock futures also hinted at a firm Wall Street start. <.n/>


The MSCI's broadest index of Asia-Pacific shares outside Japan <.miapj0000pus> was up 0.3 percent and was set for a monthly gain of 0.7 percent.


Australian shares <.axjo> soared 1.5 percent, Hong Kong shares <.hsi> added 1.2 percent and Indonesian stocks <.jkse> continued their bull run to hit another historic peak after closing on Wednesday at a record.


Japan's Nikkei stock average <.n225> climbed 1.3 percent as the yen softened. <.t/>


The yen was defensive, with Japanese Prime Minister Shinzo Abe nominating Asian Development Bank President Haruhiko Kuroda as Bank of Japan governor, and academic Kikuo Iwata as one of the two deputy governors. Both are seen by markets to support Abe's call for unconventional reflationary stimulus measures, and that view has underpinned yen selling.


Italy's inconclusive election last weekend raised fears that the euro zone's third-largest economy could abandon its fiscal reforms, but analysts and traders say they expect Rome to pursue a basic austerity path to pare down its huge debt, even if is at a more moderate pace, and that the European Central Bank will stand ready to provide funding support if needed.


The rally in equities and other risk assets showed the dimming appeal of safe-haven investments. A day after slumping nearly 1 percent on Wednesday, spot gold traded little changed around $1,597 an ounce and was headed for its longest run of monthly declines in more than 16 years.


"Gold's sentiment remains fickle, as it lacks a significant catalyst to propel the rally into the 13th year and people are more sensitive to even slightly bearish signs," said Chen Min, an analyst at Jinrui Futures in the southern Chinese city of Shenzhen.


Bernanke, speaking before Congress for a second day, downplayed signs of internal divisions, saying the policy of quantitative easing has the support of a "significant majority" of top central bank policymakers.


Uncertainty over an imminent U.S. fiscal tightening could dampen the positive mood, however, as President Barack Obama and Republican congressional leaders have not reached a deal to avoid the $85-billion in automatic "sequestration" spending cuts, due to start on Friday.


Regional data released on Thursday was mixed.


Australian business investment showed a surprise fall last quarter as firms outside the red-hot mining sector cut back, while estimates of future spending confirmed the long boom in resource investment was likely to end this year.


Japan's industrial output, on the other hand, rose for a second straight month in January, offering some evidence that the export-reliant economy may be emerging from a mild recession, taking strength from a pick-up in global demand and the weaker yen.


ITALY SURVIVES


Italy's borrowing costs rose to a four-month high on Wednesday at the first bond auction since this week's inconclusive election but solid demand from domestic investors eased fears that the political deadlock could destabilize Europe's second-biggest sovereign debt market.


"Indeed there is room for optimism -- if the Italian risks remain contained -- as signals of stabilization continue to emerge," Barclays Capital said in a note.


The euro inched up 0.1 percent to $1.3143, well above a seven-week low of $1.3018 on Tuesday.


Others were more cautious.


"While confidence is high, there are still risks present. Negative political news from Italy may provide headwinds, while the looming 1 March deadline for the U.S. sequester could trigger $85 billion of across-the-board budget cuts," said Miguel Audencial, a sales trader with Sydney-based CMC Markets.


The yen steadied around 92.24 against the dollar. The yen hit its lowest since May 2010 of 94.77 on Monday before the outcome of the Italian vote rattled financial markets and sent the yen soaring to 90.85 yen.


The yen eased 0.1 percent against the euro to 121.19 after jumping to 118.74 on Monday.


U.S. crude rose 0.3 percent to $93.02 a barrel while Brent rose 0.2 percent to $112.07.


(Additional reporting by Luke Pachymuthu and Rujun Shen in Singapore; Editing by Eric Meijer)



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India Ink: ‘Kai Po Che’ and the Strange Case of the Vanishing Villain

“Kai Po Che,” or “Brothers for Life,” which opened in Indian theaters on Friday, isn’t a film about the Gujarati entrepreneurial spirit, or friendship, or cricket, or any of the various themes that the popular author Chetan Bhagat has suggested in press interviews over the past two weeks.

Based on his novel “The 3 Mistakes of My Life,” the film is a coming-of-age story about a group of three middle-class young Hindu men and a poor Muslim prodigy in Ahmedabad that unfolds from 2000 to 2002. But to understand the true premise of “Kai Po Che,” audiences may want to note what Mr. Bhagat changed or omitted from his novel as he wrote the screenplay with the director.

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Like the book, the film deals with the Gujarat riots of 2002, the first mainstream movie to do so in the 11 years since deadly clashes broke out between Muslims and Hindus across the state following a sudden fire in a train making a stop at the Godhra station that killed 58 Hindu pilgrims. Mr. Bhagat’s 2008 book was about the adventurous quest of three Gujarati boys to make it in business – an aim derailed by, among other events, the relationship one of them develops with a lonely Muslim kid, all of this happening against the backdrop of a religiously divided city.

“3 Mistakes” was a heavy-handed attempt at turning the events that shook Gujarat at the turn of the millennium into racy fiction. In Mr. Bhagat’s written account of Gujarat’s politics, for example, workers of the “Hindu Party,” a clear reference to the right-wing Bharatiya Janata Party,  carry “some form of accessory like a trishul (trident) or a rudraksha (prayer beads) or a holy book” at a dinner function. Nevertheless, it is the only work in Indian fiction, popular or literary, to deal with one of the most disturbing events in our recent history.

In turning his decidedly political book into a feel-good Bollywood spectacle, Mr. Bhagat has, on the face of it, done nothing less than rewrite history in favor of Gujarat’s chief minister, Narendra Modi of the B.J.P., who has been dogged by questions over his role in the 2002 riots. Mr. Bhagat has, for the most part, kept the screenplay clear of damning references to Gujarat’s Hindutva nationalist politics littered throughout his book, such as a grand conference of “the Hindu Party,” where the subject of discussion is “until when does a Hindu keep bearing pain?”

In an interview with India Ink, Mr. Bhagat defended his decision to leave out the divisive politics that his book described. “It’s a Bollywood film,” he said. “Also, a film is never a decision of a single person. And it was decided by everyone together that it would be better to focus on friendship and not politics.”

In the film adaptation, Mr. Bhagat has also added what seems like justification for some Hindus to turn violent, like the death by burning of both of the parents of one of the three protagonists in the Sabarmati Express; in the novel, it was his nephew. We all know the level of vengeance with which Bollywood heroes respond to the targeting of their mothers: “Teri maa mari hai kya (Is it your mother who has died?),” the bereaved son explodes at a sensible friend trying to stop him from losing control of himself.

In his book, Mr. Bhagat clearly showed the 2002 riots as a state-sanctioned exercise (“Whatever it takes to quench the hurt feelings,” says a “senior Hindu Party leader”). But he excised that from the film completely.

“It is not the kind of film that takes political stands,” he told India Ink. “But I still show everything that happens. The film depicts the riots in full detail; it just doesn’t take sides. I am still the only writer who has engaged with Gujarat riots.”

Mr. Bhagat also denied that the changes he made for his screenplay were intended to appease Mr. Modi. “No, that is not the case,” he told India Ink. “If I cared about that, the film wouldn’t have shown what it does.”

In an interview with The Indian Express, he explained further: “Nobody can deny what has happened in Gujarat. Why and how has it happened that really is an opinion. And that the film doesn’t have.”

He also said, in the same interview, that neutrality was his biggest “trend,” even though his recent sharp words for public figures like the author Salman Rushdie and the Infosys co-founder Narayana Murthy seem to indicate the opposite.

“It’s a writer’s job to speak and give opinions, and I’m somewhat popular and unlike other popular people like cricketers and actors, who don’t speak on issues,” he had said in a February 2012 interview with The Telegraph in India about statements in which he accused Mr. Rushdie of being a desperate attention-seeker and Mr. Murthy of running a body shop.

Over the last year or so, Mr. Bhagat has tried, painstakingly, to be seen as respectful of Mr. Modi, whose rise from the ashes of 2002 has seemed inexorable. From praising Mr. Modi’s vision for development to acknowledging the emotional pull he exerts on many middle-class Indians, Mr. Bhagat has repeatedly endorsed the proudly nationalist chief minister in public.

Indeed, Mr. Modi publicly cautioned him, tongue in cheek, that rooting for him could cost the author the love of Indian liberals – well aware, of course, that Mr. Bhagat didn’t have that to begin with, and thus cementing their common-cause camaraderie.

Mr. Bhagat now opines in his influential column in The Times of India that “there is a lot more to Gujarat, the Gujarati people and their C.M. than Godhra” and that “many rights do not cover up a wrong. But should a wrong be constantly used to cover up many rights?”

So why does the man who once wrote “3 Mistakes” now appear to be trying to ingratiate himself with its implied villain? Is it because the author fears losing his legendary hold over the imagination of a young India that’s increasingly drawn to Mr. Modi’s pied-piper promises? Or could this extended goodwill, and an obvious softening of the original narrative, be a ruse to introduce the 2002 riots to popular cinema without earning the fatal wrath of Mr. Modi, who is being hailed as the new Hindu Hriday Samrat (Emperor of Hindu Hearts), after the death of Bal Thackeray?

These questions remain unanswered. But, let’s not forget that at a time when a potential prime ministerial candidate like Mr. Modi is most desperate for Indians to see beyond the 2002 riots, Mr. Bhagat has allowed, and contributed to, the making and breathless promotion of a guaranteed blockbuster that shows tilak-wearing and sword-waving Hindu mobs wipe out entire Muslim neighborhoods on account of a rumor.

That alone perhaps makes “Kai Po Che” worthy of the standing ovations it is reported to have inspired across the theaters.

Snigdha Poonam is Arts Editor at The Caravan. She is on Twitter at @snigdhapoonam

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Bobby Brown Sentenced to 55 Days in Jail in Drunk Driving Case















02/26/2013 at 09:30 PM EST



Bobby Brown has been sentenced to 55 days in jail and four years probation in his most recent drunk driving arrest.

Brown, 44, was pulled over in Studio City, Calif., on Oct. 24 for driving erratically and was arrested when the officer detected "a strong scent of alcohol." He was charged with DUI and driving on a suspended license.

He was also arrested for driving under the influence in March of 2012.

Brown pled no contest to the charges on Tuesday, reports TMZ. He was also ordered to complete an 18-month alcohol treatment program.

The singer, who married Alicia Etheredge in Hawaii in June of 2012, must report to jail by March 20.

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Advanced breast cancer edges up in younger women


CHICAGO (AP) — Advanced breast cancer has increased slightly among young women, a 34-year analysis suggests. The disease is still uncommon among women younger than 40, and the small change has experts scratching their heads about possible reasons.


The results are potentially worrisome because young women's tumors tend to be more aggressive than older women's, and they're much less likely to get routine screening for the disease.


Still, that doesn't explain why there'd be an increase in advanced cases and the researchers and other experts say more work is needed to find answers.


It's likely that the increase has more than one cause, said Dr. Rebecca Johnson, the study's lead author and medical director of a teen and young adult cancer program at Seattle Children's Hospital.


"The change might be due to some sort of modifiable risk factor, like a lifestyle change" or exposure to some sort of cancer-linked substance, she said.


Johnson said the results translate to about 250 advanced cases diagnosed in women younger than 40 in the mid-1970s versus more than 800 in 2009. During those years, the number of women nationwide in that age range went from about 22 million to closer to 30 million — an increase that explains part of the study trend "but definitely not all of it," Johnson said.


Other experts said women delaying pregnancy might be a factor, partly because getting pregnant at an older age might cause an already growing tumor to spread more quickly in response to pregnancy hormones.


Obesity and having at least a drink or two daily have both been linked with breast cancer but research is inconclusive on other possible risk factors, including tobacco and chemicals in the environment. Whether any of these explains the slight increase in advanced disease in young women is unknown.


There was no increase in cancer at other stages in young women. There also was no increase in advanced disease among women older than 40.


Overall U.S. breast cancer rates have mostly fallen in more recent years, although there are signs they may have plateaued.


Some 17 years ago, Johnson was diagnosed with early-stage breast cancer at age 27, and that influenced her career choice to focus on the disease in younger women.


"Young women and their doctors need to understand that it can happen in young women," and get checked if symptoms appear, said Johnson, now 44. "People shouldn't just watch and wait."


The authors reviewed a U.S. government database of cancer cases from 1976 to 2009. They found that among women aged 25 to 39, breast cancer that has spread to distant parts of the body — advanced disease — increased from between 1 and 2 cases per 100,000 women to about 3 cases per 100,000 during that time span.


The study was published Tuesday in the Journal of the American Medical Association.


About one in 8 women will develop breast cancer in their lifetime, but only 1 in 173 will develop it by age 40. Risks increase with age and certain gene variations can raise the odds.


Routine screening with mammograms is recommended for older women but not those younger than 40.


Dr. Len Lichtenfeld, the American Cancer Society's deputy chief medical officer, said the results support anecdotal reports but that there's no reason to start screening all younger women since breast cancer is still so uncommon for them.


He said the study "is solid and interesting and certainly does raise questions as to why this is being observed." One of the most likely reasons is probably related to changes in childbearing practices, he said, adding that the trend "is clearly something to be followed."


Dr. Ann Partridge, chair of the federal Centers for Disease Control and Prevention's advisory committee on breast cancer in young women, agreed but said it's also possible that doctors look harder for advanced disease in younger women than in older patients. More research is needed to make sure the phenomenon is real, said Partridge, director of a program for young women with breast cancer at the Harvard-affiliated Dana-Farber Cancer Institute.


The study shouldn't cause alarm, she said. Still, Partridge said young women should be familiar with their breasts and see the doctor if they notice any lumps or other changes.


Software engineer Stephanie Carson discovered a large breast tumor that had already spread to her lungs; that diagnosis in 2003 was a huge shock.


"I was so clueless," she said. "I was just 29 and that was the last thing on my mind."


Carson, who lives near St. Louis, had a mastectomy, chemotherapy, radiation and other treatments and she frequently has to try new drugs to keep the cancer at bay.


Because most breast cancer is diagnosed in early stages, there's a misconception that women are treated, and then get on with their lives, Carson said. She and her husband had to abandon hopes of having children, and she's on medical leave from her job.


"It changed the complete course of my life," she said. "But it's still a good life."


____


Online:


JAMA: http://jama.ama-assn.org


CDC: http://www.cdc.gov/cancer/breast/index.htm


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Wall Street rebounds on Bernanke comments, data

NEW YORK (Reuters) - U.S. stocks rebounded from their worst decline since November on Tuesday after Federal Reserve Chairman Ben Bernanke defended the Fed's bond-buying stimulus and sales of new homes hit a 4 1/2-year high.


The S&P 500 had climbed 6 percent for the year and came within reach of all-time highs before the minutes from the Fed's January meeting were released last Wednesday. Since then, the benchmark S&P 500 has fallen 1 percent.


Bernanke, in testimony on Tuesday before the Senate Banking Committee, strongly defended the Fed's bond-buying stimulus program and quieted rumblings that the central bank may pull back from its stimulative policy measures, which were sparked by the release of the Fed minutes last week.


Bernanke's comments helped ease investors' concerns about a stalemate in Italy after a general election failed to give any party a parliamentary majority, posing the threat of prolonged instability and financial crisis in Europe, and sending the S&P 500 to its worst decline since November 7 in Monday's session.


Bernanke "certainly said everything the market needed to feel in order to get comfortable again," said Peter Kenny, managing director at Knight Capital in Jersey City, New Jersey.


"The fear is we were going to see a rollover, and the first shot over the bow was what we saw out of Italy yesterday with the elections," Kenny said. "When it came to U.S. markets, we saw some of that bleeding stop because our focus shifted from the Italian political circus to Ben Bernanke."


Gains in homebuilders and other consumer stocks, following strong economic data, lifted the S&P 500, and a 5.7 percent jump in Home Depot to $67.56 boosted the Dow industrials. The PHLX housing sector index <.hgx> rose 3.2 percent.


Economic reports that showed strength in housing and consumer confidence also supported stocks. U.S. home prices rose more than expected in December, according to the S&P/Case-Shiller index. Consumer confidence rebounded in February, jumping more than expected, and new-home sales rose to their highest in 4-1/2 years in January.


However, the central bank chairman also urged lawmakers to avoid sharp spending cuts set to go into effect on Friday, which he warned could combine with earlier tax increases to create a "significant headwind" for the economic recovery.


The Dow Jones industrial average <.dji> gained 115.96 points, or 0.84 percent, to 13,900.13 at the close. The Standard & Poor's 500 Index <.spx> rose 9.09 points, or 0.61 percent, to 1,496.94. The Nasdaq Composite Index <.ixic> advanced 13.40 points, or 0.43 percent, to close at 3,129.65.


Despite the bounce, the S&P 500 was unable to move back above 1,500, a closely watched level that was technical support until recently, but could now serve as a resistance point.


The CBOE Volatility Index <.vix> or the VIX, a barometer of investor anxiety, dropped 11.2 percent, a day after surging 34 percent, its biggest percentage jump since August 18, 2011.


The uncertainty caused by the Italian elections continued to weigh on stocks in Europe. The FTSEurofirst-300 index of top European shares <.fteu3> closed down 1.4 percent. The benchmark Italian index <.ftmib> tumbled 4.9 percent.


Home Depot gave the biggest boost to the Dow and provided one of the biggest lifts to the S&P 500 after the world's largest home improvement chain reported adjusted earnings and sales that beat expectations.


Macy's shares gained 2.8 percent to $39.59 after the department-store chain stated it expects full-year earnings to be above analysts' forecasts because of strong holiday sales.


Volume was active with about 7.08 billion shares traded on the New York Stock Exchange, NYSE MKT and Nasdaq, above the daily average of 6.48 billion.


Advancing stocks outnumbered declining ones on the NYSE by a ratio of about 2 to 1, while on the Nasdaq, three stocks rose for every two that fell.


(Reporting by Chuck Mikolajczak; Editing by Jan Paschal; Editing by Jan Paschal)



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IHT Rendezvous: IHT Quick Read: Feb. 26

NEWS Italian voters delivered a rousing anti-austerity message and a strong rebuke to the existing political order in national elections on Monday, plunging the country into political paralysis after results failed to produce a clear winner. Rachel Donadio reports from Rome.

The U.S. secretary of state, John Kerry, said on Monday that the Obama administration has been considering new steps to increase support for the Syrian opposition and hasten the departure of President Bashar al-Assad, and that some of them would be decided at an international conference in Rome this week. Michael R. Gordon reports from Berlin, and Anne Barnard from Beirut, Lebanon.

Britain’s most senior Roman Catholic cleric, Cardinal Keith O’Brien, announced his resignation on Monday, a day after being accused of “inappropriate acts” with priests, saying he would not attend the conclave to elect a new pope. Rachel Donadio reports from Vatican City, and John F. Burns from London.

Talks between Iran and six world powers over its nuclear program resume on Tuesday after a break of eight months, but there is a general atmosphere of gloom about their prospects for success, even if narrowly defined. Steven Erlanger reports from Almaty, Kazakhstan.

About 30 percent of heart attacks, strokes and deaths from heart disease can be prevented in people at high risk if they switch to a Mediterranean diet rich in olive oil, nuts, beans, fish, fruits and vegetables, and even drink wine with meals, a large and rigorous new study has found. Gina Kolata reports.

The furniture giant Ikea joined a growing list of brands that have been touched by Europe’s food scandal on Monday and withdrew its signature Swedish meatballs from its markets and cafeterias across most of Europe after one batch was found to contain traces of horse meat. Stephen Castle reports from London, and Andrew Higgins from Brussels.

The Japanese government is set to loosen its grip on Japan Tobacco, one of the world’s largest tobacco companies, by selling a third of its stake in a sale that will net the country about $10 billion. Hiroko Tabuchi reports from Tokyo.

FASHION Sites like Marc Jacobs and House of Holland hope that social networking will improve their online sales. Fleur Britten reports.

ARTS Wolfgang Sawallisch, one of the last of the old-school German conductors, who led the Philadelphia Orchestra for nearly a decade and the Bavarian State Opera in Munich for two decades before that, died on Friday at his home in Grassau, Germany. He was 89. Annette Midgette reports.

SPORTS For two countries that have a long history of tangling politically, often extending that rivalry into sports, the cooperation this week between the U.S. and Russian ski teams at the Rosa Khutor Alpine Resort could strike many as unexpected. Brian Pinelli reports from Krasnaya Polyana, Russia.

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The Bachelor's Sean Lowe Reveals Final Two






The Bachelor










02/25/2013 at 10:30 PM EST







From left: AshLee, Lindsay and Catherine


Kevin Foley/ABC(3)


And then there were two.

After three incredible dates in Thailand with the remaining women, The Bachelor's Sean Lowe faced a difficult decision at the end of Monday's episode: Would he send home AshLee, Catherine or Lindsay?

Keep reading to find out who got a rose – and who was left heartbroken ...

Sean said goodbye to early favorite AshLee in a surprising elimination that left her virtually speechless.

Visibly upset, AshLee left Sean's side without saying goodbye. She even asked him to not walk her to the waiting car that would take her away.

But Sean did get to explain. "I thought it was you from the very beginning," he said. "This was honestly the hardest decision I've ever had to make ... I think the world of you. I did not want to hurt you."

"This wasn't a silly game for me," AshLee said as the car drove away. "This wasn't about a joy ride. It wasn't about laughing and joking and having fun."

She added: "It's hard to say goodbye to Sean because I let him in ... It's the ultimate [rejection]."

Check back Tuesday morning for Sean Lowe's blog post to read all about his Thailand dates and why he chose to send AshLee home

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