Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/281569295?client_source=feed&format=rss
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This blog addresses legal principles applicable to the court?s fitness finding in the adoption cases when the health or fitness of the adoptive petitioner is at issue.
There are statutory provisions that address both fitness as well as health of the petitioners, among other parties, and relevant case law, which extend possible waiver of the doctor-patient privilege when in the best interest of the child or justice to the petitioners as well as the natural parents.
There is the Termination of parental rights: D.C. Code ?16-2353 (b)(2), the court is charged with in considering what is in the best interest of the child to make a direct inquiry as to ?physical, mental and emotional health of all individuals involved?.? A triggering statutory provision under DC Code ?16-304 (2).
DC Code ? 16-309(b)(2), which requires a finding by the court that the petitioner is fit, and able to provide the child with a proper home and education.
And particular statutory provisions that address medical privilege: D.C. Code ?4-1321.05 provides that:?[n]otwithstanding the provisions of ?? 14-306 and 14-307, neither the spouse or domestic partner privilege nor the physician-patient privilege shall be grounds for excluding evidence in any proceeding in the Family Division of the Superior Court of the District of Columbia concerning the welfare of a neglected child; provided, that a judge of the Family Division of the Superior Court of the District of Columbia determines such privilege should be waived in the interest of justice.
The case law on the subject is also well established.? In In re. O.L, 584 A.2d 1230 (D.C. 1990), the Court affirmed the trial court who had properly waived the mother?s physician-patient privilege and stated that ?the waiver applies to ?evidence?, and this term is broad enough to encompass information possessed by a doctor or other health professional whether that information was previously required to be disclosed or not.?? The Court further instructed that the statutory doctor-patient privilege should be waived in the interest of justice and when a parent?s mental or physical capacity to care for the child is at issue.? Id. at 1231; see also In the Matter of N.H., 569 A.2d 1179, 1184 (D.C. 1990) (?[a]bsence of a statutory physician-patient privilege in child neglect proceeding does not significantly or impermissibly infringe on any privacy right of a parent regarding medical information; the interest of the District of Columbia in assuring that a mother with an organic brain disorder be mentally competent to raise her daughter was sufficiently strong to limit the mother?s privacy right to information about her own mental health when that information was required for a disposition in the best interests of her child.?? ?That ?civil neglect statutes are designed to enable the state to protect children and, in order for the court to determine whether a child?s welfare requires intervention, the court must be apprised of all the facts.?)
The court in In re DRM, ordered mental health/psychological evaluation of the mother concerned that such would affect directly the parenting of the child.? 570 A.2d 796 (D.C. 1990).? Moreover, the Court of Appeals cases have instructed concisely that in the adoption cases not only the parental capacity of the natural parents affected by the medical issues are legally significant but also the adoption petitioner?s.? In re DeF., 307 A.2d 737 (DC 1973)(age and health of the petitioner at issue); In re ACG, 894 A.2d 436 (D.C. 2006).
Although the cases are generally focused on the parental medical fitness both physically and mentally ? parallel arguments could be made effectively that the proposed adoption petitioners are equally in a parenting role, if successful through an adoption petition, and thus same legal principles: best interests of the child, and in the interest of justice ? equally apply to the petitioners.
In fact, one could argue that more scrutiny must be placed on the adoptive parents? mental and physical fitness than the biological parents? as in the former there exists no biological link and by granting the adoption petition the biological link is in fact severed and thus more scrutiny is warranted when health or fitness of the proposed petitioner is at issue.
The Law Offices of David Stein is the preeminent litigation firm focused in all aspects of family law, criminal, and civil cases: familylawdc.com.
Source: http://www.familylawdc.com/blog/?p=99
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Arizona Sen. John McCain (Mark Wilson/Getty Images)
John McCain heard your question, and he thinks it's really dumb.
While the Arizona Republican senator fielded questions on Capitol Hill Tuesday, a day after he joined a bipartisan group of senators to announce a blueprint for comprehensive immigration reform, one reporter asked how he would respond if the proposed provision that requires increased border enforcement were challenged.
He would oppose it, he said. "Duh."
As part of the outline of principles for an immigration overhaul unveiled Monday by McCain and seven other senators, any new overhaul would require enhanced border security before illegal immigrants already in the country could begin to seek a path to citizenship. Republicans have insisted that it be a key component of any large immigration bill.
Listen to the exchange between McCain and the reporter here:
Reporter: "How do you feel about not tying border security to citizenship?"
McCain: "What do you mean 'not tying it'
Reporter: "Basically your plan..."
McCain: "Didn't you see the press conference? Did you happen to miss it? What do you mean, 'not tying?'"
Reporter: "But if somebody were to come out with a statement saying..."
McCain: "If somebody were to come out that's in contradiction to what we said, we'd say we disagree with it. Duh."
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(Reuters) - An explosion and fire hit a San Diego hotel on Wednesday, police said, and local media reported three people had been burned.
"We have an explosion and the hotel is being evacuated. I know there are injuries, but I don't know how many," San Diego Police Spokesman Gary Hassen said of the blast and fire at the Heritage Inn in the city's Midway district.
(This story corrects name of hotel to Heritage Inn, instead of Heritage Hotel in paragraph two)
(Reporting by Tim Gaynor; Editing by Cynthia Johnston)
Source: http://news.yahoo.com/blast-fire-hit-hotel-san-diego-area-injuries-202005718.html
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The contemporary, yet classic design of the Grip Max Case features a light texture that adds visual and tactile appeal for a completely customized look. The thin, yet durable skin is a stylish way to keep your phone's surface free of scratches and scuffs, without adding extra bulk.
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Source: http://feedproxy.google.com/~r/TheIphoneBlog/~3/vPdEnVo1NVI/story01.htm
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Coral reefs build their structures by both producing and accumulating calcium carbonate, and this is essential for the maintenance and continued vertical growth capacity of reefs. An international research team has discovered that the amount of new carbonate being added by Caribbean coral reefs is now significantly below rates measured over recent geological timescales, and in some habitats is as much as 70% lower.
Coral reefs form some of the planet's most biologically diverse ecosystems, and provide valuable services to humans and wildlife. However, their ability to maintain their structures and continue to grow depends on the balance between the addition of new carbonate, which is mostly produced by corals themselves, set against the loss of carbonate through various erosional processes. Scientists have long known that reef ecosystems are in decline and that the amount of live coral on reefs is dwindling. But the paper, published in Nature Communications, is the first evidence that these ecological changes are now also impacting on the growth potential of reefs themselves.
Professor Chris Perry of the University of Exeter, who led the research, said: "Our estimates of current rates of reef growth in the Caribbean are extremely alarming. Our study goes beyond only examining how much coral there is, to also look at the delicate balance of biological factors which determine whether coral reefs will continue to grow or will erode. Our findings clearly show that recent ecological declines are now suppressing the growth potential of reefs in the region, and that this will have major implications for their ability to respond positively to future sea level rises.
"It is most concerning that many coral reefs across the Caribbean have seemingly lost their capacity to produce enough carbonate to continue growing vertically, whilst others are already at a threshold where they may start to erode. At the moment there is limited evidence of large-scale erosion or loss of actual reef structure, but clearly if these trends continue, reef erosion looks far more likely. Urgent action to improve management of reef habitats and to limit global temperature increases is likely to be critical to reduce further deterioration of reef habitat."
The team was funded by the Leverhulme Trust (UK), through an International Network Grant. It included scientists from James Cook University and The University of Queensland in Australia, from The University of Auckland in New Zealand, Memorial University in Canada, and the University of Maine in the USA. They examined rates of carbonate production across 19 reefs in the four Caribbean countries of the Bahamas, Belize, Bonaire and Grand Cayman.
They discovered that declines in rates of carbonate production were especially evident in shallow water habitats, where many fast growing branching coral species have been lost. The study compared modern day rates with those measured in the region over approximately the last 7,000 years. In key habitats around the Caribbean, the findings suggested that in waters of around five metres in depth, reef growth rates are now reduced by 60-70% compared to the regional averages taken from historical records. In waters of around 10 metres in depth, the rates are reduced by 25%.
The study also suggests that these key habitats must have a minimum of around 10% living coral cover to maintain their current structures. The amount of cover varies between sites, but some are already below this threshold and are therefore at risk of starting to erode. Given that previous studies have shown that coral cover on reefs in the Caribbean has declined by an average of 80 per cent since the 1970s, this raises alarm bells for the future state of reefs in the region. These changes have been driven by human disturbance, disease and rising sea temperatures, and are only expected to intensify as a result of future climate change.
###
University of Exeter: http://www.exeter.ac.uk
Thanks to University of Exeter for this article.
This press release was posted to serve as a topic for discussion. Please comment below. We try our best to only post press releases that are associated with peer reviewed scientific literature. Critical discussions of the research are appreciated. If you need help finding a link to the original article, please contact us on twitter or via e-mail.
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Source: http://www.labspaces.net/126526/New_evidence_highlights_threat_to_Caribbean_coral_reef_growth
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It depends on your jurisdiction. ?
You'll want to assign your LO to a guardian via Will, and you'll want to assign your financial wishes to be executed via Trust. ?
Pick up a personal finance book. ?Really, educate yourself on these matters. ?You're already taking a step in the right direction by admitting that you know you need something -- take the next step and find out what you need. ?$1,000 to $1,500 is typical in my area, so $2,000 doesn't seem that far off.?
It's important to know your state's laws surrounding Wills and Trusts. ?Especially where finances are concerned, Trusts will cost your beneficiaries less when transferring your assets to their ownership. ?It's also more difficult to contest a Trust. ?
Source: http://community.thebump.com/cs/ks/forums/thread/71625780.aspx
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Topics:? ex-tropical cyclone oswald, insurance council of australia, lismore city council
THERE have been 2000 flood damage claims valued at $10 million on the Northern Rivers so far thanks to ex-cyclone Oswald with the Insurance Council of Australia expecting that figure to rise sharply by the end of the week.
And the council's chief executive Rob Whelan has praised Lismore as an example of a city whose investment in infrastructure to try and protect its community from flooding had paid off, unlike some regional centres in Queensland.
"NSW, for example, historically has actually put in levee banks around certain communities like Lismore and Grafton," Mr Whelan told the ABC's Lateline program on Tuesday night.
"They were actually protected from this recent flood because they had levee banks protecting them," he said.
"So the damage was minimal compared to what's happening, say, in Bundaberg which is a catastrophe.
"Those people are not protected; they're exposed to that risk. It's an enormous flood."
The $20 million levee completed in 2005 and recently upgraded, has been a hugely controversial project.
But Lismore City Council traffic and emergency services co-ordinator Bill MacDonald said there was no doubt that in this latest flood alone, the levee had spared CBD shops from inundation.
Source: http://www.northernstar.com.au/news/insurance-boss-praises-lismores-levy/1736503/
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A new study says how you lost your virginity stays with you the rest of your love life.
You know how you mother always told you first impressions tend to stick? She might have been right ? even in ways she was certainly not referring to. According to new research, the tone set when you lose your virginity apparently stays the rest of your love life ... forever.?
More from YourTango: Coming Out Lowers Stress In Canada, But Would It In The US?
University of Tennessee psychology doctoral student Matthew Schaffer and C. Veronica Smith, Ph.D., University of Mississippi assistant psychology professor, designed a study to observe the ways in which your virginity loss affects your future sex life. The study, published in the Journal of Sex and Martial Therapy, looks at whether or not there are consequences or benefits to how unpleasantly or happily you first had sex.
Researchers questioned 331 young men and women about the way they lost their virginity, including the accompanying emotional anxiety, contentment and/or regret. Then, the respondents were asked questions about their present sex life. Topics such as how much control they felt over theirs, as well as how much satisfaction and well-being they feel.
More from YourTango: Love Bytes: Do Weddings Make Single Women Crazy?
Those who stated their first times were fulfilling and satisfying reported happier sex lives later on, while the ones who stated their virginity loss was accompanied by negative feelings reported lower sexual functioning overall. "While this study doesn't prove that a better first time makes for a better sex life in general, a person?s experience of losing their virginity may set the pattern for years to come," said Shaffer.
The strange thing is that most of us have kinda weird first times, I think. Not bad, just awkward. As I read this research, I initially thought, "That can't be right; most people have a kinda uncomfortable first time then go on to have perfectly fine sex lives." But the more I pondered it in my head, the more I started matching up my own experiences as well as those of my friends to how we behave and feel now.
I, for one, know that my first time was an overall positive experience comparatively because I'm still sort of friends with the guy (even though it happened 9 years ago). He was super sweet about it being new to me and we had been dating for just a few months so I wasn?t particularly dead inside when we broke up a couple more months thereafter. That said, it was definitely awkward, but the rest of my sex life has been overwhelmingly not awkward. Keep reading ...
More sex stories from YourTango:
Source: http://www.yourtango.com/2013172569/does-your-first-time-determine-every-time
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Jan. 28, 2013 ? Using an exotic form of silicon could substantially improve the efficiency of solar cells, according to computer simulations by researchers at the University of California, Davis, and in Hungary.
The work was published Jan. 25 in the journal Physical Review Letters.
Solar cells are based on the photoelectric effect: a photon, or particle of light, hits a silicon crystal and generates a negatively charged electron and a positively charged hole. Collecting those electron-hole pairs generates electric current.
Conventional solar cells generate one electron-hole pair per incoming photon, and have a theoretical maximum efficiency of 33 percent. One exciting new route to improved efficiency is to generate more than one electron-hole pair per photon, said Giulia Galli, professor of chemistry at UC Davis and co-author of the paper.
"This approach is capable of increasing the maximum efficiency to 42 percent, beyond any solar cell available today, which would be a pretty big deal," said lead author Stefan Wippermann, a postdoctoral researcher at UC Davis.
"In fact, there is reason to believe that if parabolic mirrors are used to focus the sunlight on such a new-paradigm solar cell, its efficiency could reach as high as 70 percent," Wippermann said.
Galli said that nanoparticles have a size of nanometers, typically just a few atoms across. Because of their small size, many of their properties are different from bulk materials. In particular, the probability of generating more than one electron-hole pair is much enhanced, driven by an effect called "quantum confinement." Experiments to explore this paradigm are being pursued by researchers at the Los Alamos National Laboratory, the National Renewable Energy Laboratory in Golden, Colo., as well as at UC Davis.
"But with nanoparticles of conventional silicon, the paradigm works only in ultraviolet light," Wippermann said. "This new approach will become useful only when it is demonstrated to work in visible sunlight."
The researchers simulated the behavior of a structure of silicon called silicon BC8, which is formed under high pressure but is stable at normal pressures, much as diamond is a form of carbon formed under high pressure but stable at normal pressures.
The computer simulations were run through the National Energy Research Scientific Supercomputing Center at the Lawrence Berkeley Laboratory, which granted the project 10 million hours of supercomputer time.
The simulations demonstrated that nanoparticles of silicon BC8 indeed generate multiple electron-hole pairs per photon even when exposed to visible light.
"This is more than an academic exercise. A Harvard-MIT paper showed that when normal silicon solar cells are irradiated with laser light, the energy the laser emits may create a local pressure high enough to form BC8 nanocrystals. Thus, laser or chemical pressure treatment of existing solar cells may turn them into these higher-efficiency cells," said co-author Gergely Zimanyi, professor of physics at UC Davis.
Other authors of the paper are Marton Voros and Adam Gali at the Budapest University of Technology and Economics, Hungary.
The work was funded by a National Science Foundation Solar Collaborative grant awarded to Zimanyi, Galli and colleagues at UC Davis and UC Santa Cruz in 2011. The project brings together experts in material science, chemistry, computer simulations and statistics to develop new approaches to solar power.
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The above story is reprinted from materials provided by University of California Davis (UCD).
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FILE - In this Oct. 5, 2011 file photo, Sen. Marco Rubio, R-Fla., speaks at the Newseum in Washington. In an opinion piece published Sunday Jan. 27, 2013 in the Las Vegas Review-Journal, Rubio wrote that the existing system amounts to "de facto amnesty," and he called for "commonsense reform." (AP Photo/Haraz N. Ghanbari, File)
FILE - In this Oct. 5, 2011 file photo, Sen. Marco Rubio, R-Fla., speaks at the Newseum in Washington. In an opinion piece published Sunday Jan. 27, 2013 in the Las Vegas Review-Journal, Rubio wrote that the existing system amounts to "de facto amnesty," and he called for "commonsense reform." (AP Photo/Haraz N. Ghanbari, File)
John Crossen, of Montoursville, with Big John's Guns, closes a case of handguns during the Allentown Gun Show Sunday morning at the Rodeway Inn Conference Center in South Whitehall Township, Pa. Jan. 27, 2013. (AP Photo/The Express-Times, Matt Smith)
FILE - In this Jan. 25, 2013 file image taken from video and provided by CBS, President Barack Obama, center, and Secretary of State Hillary Rodham Clinton speak with ?60 Minutes? correspondent Steve Kroft, left, in the Blue Room of the White House in Washington. The interview will air Sunday, Jan. 27 during the ?60 Minutes? telecast on CBS. (AP Photo/CBS, File)
A week into his second term, President Barack Obama is temporarily turning from perpetual political fights over the national debt, government borrowing, spending and taxing to tackle two other big issues: immigration and gun-law overhaul.
With Congress delaying a debt limit showdown until May 18, the White House postponing its annual budget submission until March and House Speaker John Boehner struggling to maintain Republican unity, this could be the time to strike.
National public opinion polls show a majority of Americans now support easing immigration laws and tightening federal gun restrictions.
That's not to say either fight will be easy. Both immigration and guns remain hot-button issues in Congress
The president met Monday with police chiefs from three towns that experienced mass shootings in 2012: Aurora, Colo.; Oak Creek, Wis., and Newton, Conn. "We recognize that this is an issue that elicits a lot of passion all across the country," Obama said.
He hopes public outrage over recent shootings strengthens his hand on curbing gun violence.
Meanwhile, a bipartisan Senate group Monday presented a new framework for overhauling the nation's immigration laws, including a path to citizenship for the 11 million illegal immigrants already here. Obama presses his case for immigration-law changes Tuesday in Las Vegas.
The White House also believes the political math of last November's election ? in which Obama won overwhelming Hispanic support ? helped soften GOP opposition to liberalizing immigration laws.
"What's changed, honestly, is that there is a new ... appreciation on both sides of the aisle ? including maybe more importantly on the Republican side of the aisle ? that we have to enact a comprehensive immigration reform bill," Sen. John McCain, R-Ariz., said Sunday on ABC.
Even so, the new Senate immigration proposal could face strong opposition in the Republican-controlled House.
And despite growing public support for gun curbs, the pro-gun lobby remains a potent force.
___
Follow Tom Raum on Twitter: http://www.twitter.com/tomraum
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Philips has decided that there just isn't any money in home entertainment, and as such is flogging off the remainder of its interests to Funai for $201 million. It had already sold its North American TV and DVD operations to the Japanese company back in 2008, but will now package off its whole Lifestyle Entertainment division, which includes global disc players and its Fidelio high-end audio outfit. Instead, Philips will concentrate on profitable sectors such as lighting and healthcare -- so the sooner it can develop a bulb that can kill the sniffles, the better.
Amsterdam, the Netherlands - Royal Philips Electronics (NYSE: PHG, AEX: PHIA) today announced that it has signed an agreement regarding the transfer of its Lifestyle Entertainment business (Audio, Video, Multimedia and Accessories) to Funai Electric Co., Ltd (TSE/OSE 6839). Under the terms, Funai will pay a cash consideration of EUR 150 million and a brand license fee, relating to a license agreement for an initial period of five and a half years, with an optional renewal of five years. The deal for the Audio, Multimedia and Accessories businesses is expected to close in the second half of 2013. The Video business will transfer in 2017, related to existing intellectual property licensing arrangements. The gain on the transaction will be recorded at the closing date.
The transaction is subject to customary conditions, including regulatory filings and works council procedures. The Remote Control activities, which are predominantly business-to-business, are excluded.
"With this transaction we are taking another step in reshaping the Consumer Lifestyle portfolio and transforming Philips into the leading technology company in Health and Well-being," said Philips Chief Executive Officer Frans van Houten. "I am confident that today's agreement with Funai, our partner for over 25 years, will create a promising future for Philips Audio, Video and Entertainment, and continuity for our customers. It will leverage Philips' strong brand, strength in innovation, and leadership position in these businesses, with Funai's strong presence in North and Central America - and Japan, and its supply and manufacturing expertise."
"This is truly an exciting time for us at Funai," said Funai President and CEO, Tomonori Hayashi. "This transaction will allow us to continue moving forward and grow as a global company. We will benefit from Philips' legendary know-how and innovation, as well as the excellent talent they have in place around the world, allowing us to work as a team to leverage and grow the Philips brand in Audio, Video and Entertainment. Additionally, this will give Funai the opportunity to meet our goal of expanding our business into markets including Brazil, Russia, India and China."
"With this agreement and the joint venture for Philips Television, the Consumer Lifestyle sector will further focus on Health and Well-being. The portfolio, consisting of Personal Care, Health & Wellness, Domestic Appliances and Coffee, delivered high single-digit growth in 2012," said Philips Consumer Lifestyle Chief Executive Officer Pieter Nota. "Philips has a proud heritage in Audio, Video, Multimedia and Accessories, and today's agreement with Funai ensures that this business can continue to deliver great Philips-branded innovations to consumers around the world."
Philips Audio, Video, Multimedia and Accessories make up the Lifestyle Entertainment business group within Philips Consumer Lifestyle. This business group is headquartered in Hong Kong and employs approximately 2,000 people worldwide.
Today's agreement does not impact any of Funai's existing brand licensing agreements with Philips.
Filed under: Home Entertainment, Portable Audio/Video
Via: BBC News
Source: Philips (PDF)
Source: http://feeds.engadget.com/~r/weblogsinc/engadget/~3/sDI8QuET17k/
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Whatever strange detours this coming eight-month election campaign will take we can be confident that all political roads trudged by the two major parties will pass through western Sydney. And get used to hearing ?battleground? associated with any bit of Sydney dirt from Parramatta outwards.
?What you can expect,? said Tasmanian-based Liberal Senate leader Eric Abetz yesterday, neatly wrapping up the two certainties, ?is Tony Abbott moving amongst people in areas such as western Sydney which is the key battleground for this election.?
Julia Gillard and crew won?t be strangers in that area, either.
Mr Abbott, the Opposition Leader, had his faux campaign launch on Sunday in the Labor-held Sydney electorate of Reid. Expect the Liberal election launch proper to be somewhere in that general vicinity.
Likewise the launch of a Gillard ?Labor values? campaign might be hosted by the western suburbs.
Obviously the Liberals believe they can take a swag of seats from Labor. But why is the area so vulnerable for the Government?
While the candidates in western Sydney might be shouting loudest about asylum seekers, Budgets and carbon pricing, the core issue in the fight for these seats will be the mood of small business.
A senior Labor figure believes the unheralded issue hurting his party is the struggle to survive in small business. Western Sydney workers have taken to Mark Latham?s ?ladder of opportunity? and invested in their ambitions, only to hit obstacles.
The Labor figure believes the frustration and economic pain felt by small business operators is making the city?s west ready for revolt.
This is the empire of the tradie who expands by taking on a few staff and greater risk.
The electorates depend significantly on small businesses for jobs and incomes - from owner-operator micro outfits to companies employing up to 20 staff.
And NSW has had a tough time with its smallest entrepreneurs.
An analysis by the Department of Innovation released last month outlines the small business slaughter between June 2007 and June 2011, which included the global financial crisis.
The survivability rate in NSW was the second lowest of any of the states at 59.8 per cent, just behind Victoria on 60.7 per cent. Small business survivability in Queensland was 57.8 per cent for the period but that was because of the devastating floods of two years ago.
Farmers are small business operators, too. And so are many western Sydney residents. The seat of Greenway, the electorate which might have made Tony Abbott Prime Minister in 2010 had state Liberals selected a candidate a lot earlier, has 11,400 small businesses, according to latest figures from the Australian Electoral Commission.
Lindsay, the seat the Liberals want back after losing it in 2007, has 10,400. Reid, which was where Mr Abbott had his function on Sunday, has 19,200 small businesses.
In Chifley, which includes such suburbs as Mt Druitt and Rooty Hill, there are 7,300. And in Werriwa there are 9,800 while Parramatta has 16,200. Banks has 13,400 small businesses.
Small business isn?t rife only in western Sydney. In Joe Hockey?s seat of North Sydney there are 26,800, which probably means a lot of lawyers, architects and other professionals. And other cities have suburbs matching economic conditions in Sydney?s west.
But in Sydney the plight of small business is starker, and the disappointment with Labor is keener. And this is combining with other factors Mr Abbott is keen to list.
?But obviously the current Labor Government in Canberra and the Labor Party more generally have badly let down the people of western Sydney,? he said yesterday.
?The people of western Sydney have been taken for granted by the Labor Party for far too long and as we now are seeing in ICAC and elsewhere the Labor Party in NSW just became a stinking patronage machine in government and that?s why the Labor brand is so toxic - right around Australia but particularly in the western suburbs of Sydney.?
The Federal Government is not ignoring small business and has recently introduced policies, such as appointment of a Small Business Commissioner, to answer demands from the sector.
The Coalition has also proposed a package of changes for the sector - arguably the most positive of its policy fronts.
The competition for the hearts and vote of small business in Sydney suburbs will become more strident.
Comments on this post will close at 8pm AEDT.
Source: http://www.thepunch.com.au/articles/small-business-is-a-big-deal-in-the-western-battlegrounds/
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The current focus by the politicians in their quest for social and human factors solutions to gun violence appears to be two-fold.? First, there is a call for universal background checks.? Even the NRA has?indicated potential approval of this approach?(while there is still vacillation and equivocation within the ranks of the NRA on this issue).? While this is tempting, it won?t solve any problems, and instead it will lead to a national gun registry.
But if there is vacillation on the issue of universal background checks, there appears to be growing consistency in the call for more intrusive and comprehensive mental health checks for firearms ownership.? Progressive and conservative alike, from politician to random interviewee on the street, casting aspersions on mentally troubled people and pointing to mental health screenings as the problem and solution, respectively, is the one area of agreement.
Walter Russell Mead weighs in in the affirmative on this problem ? solution coupling:
Love it or loathe it, legislative gun control is unlikely to have much impact on violence American style. But there is another door to progress: taking care of America?s mentally ill. The good people at Mother Jones recently compiled a study, revealing that of the 62 mass shootings since 1982, 38 were carried out by a person suffering from mental illness (mostly men). Most had displayed signs of paranoia, depression, and other issues with mental health well before reaching for a weapon.
While most of the gun violence in America is committed by the clinically sane, the most horrific massacres are often the work of deranged people whose problems had come to the attention of family, neighbors or work associates.
I have shared before that I have a concealed handgun permit in my county, and in order to get permitted like this, one of the requirements is to sign over authority to examine your medical records to the county Sheriff.? Any admissions to one of five or six regional hospitals for mental health or substance abuse issues would have been reason to have denied my permit.? But I have often wondered, what if I had a recorded admission for some matter in one of the above two categories?? What would that have proven?? Little to nothing, as we will see.
What about the logical contraposition?? I am in a fitness for duty program because I have unescorted access to nuclear power plants.? Does that make me mentally stable?? How about law enforcement officers, since they are in a similar kind of program?? Anecdotal cases demonstrate problems.
Reports of Metro Police Lt. Hans Walters underscore the mental health component of the current gun control debate. Walters shot and killed his wife, a former police officer, and his son and then set fire to their Boulder City home before taking his own life.
Most would agree police departments conduct exhaustive background checks, screening tests, training and safety procedures before authorizing officers to carry and deploy a number of firearms. Yet a former colleague comments to the Las Vegas Review-Journal that Walters ?didn?t seem out of the ordinary at all,? adding that ?Cops are pretty intuitive. They can tell when something?s wrong with someone. He seemed totally fine.?
Beyond the anecdotal level, there are problems with diagnosis and with the very nature of psychology.? One clinician weighs in this way.
Clinicians treating patients hear their fears, anger, sadness, fantasies and hopes, in a protected space of privacy and confidentiality, which is guaranteed by federal and state laws. Mental health professionals are legally obligated to break this confidentiality when a patient ?threatens violence to self or others.? But clinicians rarely report unless the threat is immediate, clear and overt.
Mental health professionals understand that, despite our intimate knowledge of the thoughts of our patients, we are not very good at predicting what people will do. Our knowledge is always incomplete and conditional, and we do not have the methods to objectively predict future behavior. Tendencies, yes; specific actions, no. To think that we can read a person?s brain the way a scanner in airport security is used to detect weapons is a gross misunderstanding of psychological science, and very far from the nuanced but uncertain grasp clinicians have on patients? state of mind.
What about diagnoses?
If mental health professionals were required to report severe mental illness (such as paranoid schizophrenia) to state authorities, it would have an immediate chilling effect on the willingness of people to disclose sensitive information, and would discourage many people from seeking treatment. What about depression, bipolar disorder, substance abuse or post-traumatic stress disorder, along with other types of mental illness that have some link to self-harm and impulsive action? The scope of disclosure that the government could legally compel might end up very wide, without any real gain in predictive accuracy.
Diagnosis is an inexact and constantly evolving effort, and it is contentious within the profession. To use a diagnosis as the basis of reporting the possibility of violence to the authorities would make the effort of accurate evaluation much more fraught. And what of the families and friends of the mentally ill? Should their weapons purchases be restricted as well? A little reflection shows how unworkable in practice any screening by diagnosis would be.
And more clinicians weigh in?similarly:
?We?re not likely to catch very many potentially violent people? with laws like the one in New York, says?Barry Rosenfeld, a professor of psychology at Fordham University in The Bronx?.
A?study of experienced psychiatrists?at a major urban psychiatric facility found that they were wrong about which patients would become violent about 30 percent of the time.
That?s a much higher error rate than with most medical tests, says?Alan Teo, a psychiatrist at the University of Michigan and an author of the study.
One reason even experienced psychiatrists are often wrong is that there are only a few clear signs that a person with a mental illness is likely to act violently, says?Steven Hoge, a professor of psychiatry at Columbia University. These include a history of violence and a current threat to commit violence?.
The next problem is that even if the science was capable of sustaining the load that we want to place it under, it still wouldn?t have the desired effect:
Perhaps most important, although people with serious mental illness have committed a large percentage of high-profile crimes, the mentally ill represent a very small percentage of the perpetrators of violent crime overall. Researchers estimate that if mental illness could be eliminated as a factor in violent crime, the overall rate would be reduced by only 4 percent. That means 96 percent of violent crimes?defined by the FBI as murders, robberies, rapes, and aggravated assaults?are committed by people without any mental-health problems at all. Solutions that focus on reducing crimes by the mentally ill will make only a small dent in the nation?s rate of gun-related murders, ranging from mass killings to shootings that claim a single victim.? It?s not just that the mentally ill represent a minority of the country?s population; it?s also that the overlap between mental illness and violent behavior is poor.
Finally, it isn?t just anecdotal evidence that calls into question the whole notion that mental health professionals can bear the weight of societal violence, or even the warnings of mental health professionals themselves.? Evidence doesn?t substantiate the current emphasis on mental health as the answer.
President Obama has called for stricter federal gun laws to combat recent shooting rampages, but a review of recent state laws by The Washington Times shows no discernible correlation between stricter rules and lower gun-crime rates in the states.
States that ranked high in terms of making records available to the National Instant Criminal Background Check System also tended to have tighter gun laws ? but their gun-crime rates ranged widely. The same was true for states that ranked poorly on disclosure and were deemed to have much less stringent gun-possession laws.
For example, New York, even before it approved the strictest gun-control measures in the country last week, was ranked fourth among the states in strength of gun laws by the Brady Campaign to End Gun Violence, but was also in the top 10 in firearm homicide rates in 2011, according to the FBI.
Meanwhile, North Dakota was near the bottom in its firearm homicide, firearm robbery and firearm assault rates, but also had some of the loosest gun laws and worst compliance with turning over mental health records to the background check system.
[ ... ]
The Times analysis looked at the Brady Campaign?s rankings for strength of each state?s gun laws and at Mayors Against Illegal Guns? rankings for how states perform in disclosing mental health data to the background check system. That information was then matched against the FBI?s 2011 gun-crime rankings for homicides, robberies and assaults.
The results showed no correlation among the strength of laws and disclosure and the crime rates.
For example, Maryland and New Jersey ? both of them populous states with large metropolitan areas ? have tight gun laws but poor mental health disclosure. But New Jersey?s gun-crime rate was in the middle of the pack, while Maryland ranked sixth-highest in homicides involving guns and second-highest in robberies with guns.
Delaware and Virginia, which both ranked high in mental health disclosure and ranked 18th and 19th in the Brady tally of tough gun laws, also had divergent crime rates.
Delaware ranked among the top 10 in number of gun robberies and gun assaults, while Virginia was in the middle of the pack on its measures.
My own view is somewhat more pedestrian and pragmatic.? New programs to empower the government rarely avoid abuse, and man?s evil propensities always tend towards totalitarianism and excessive control.? The innocent who get swept up in the mental health screenings and?refused means of self defense will be considered the price to pay for government control.? With the right administration, simply wanting means of self defense will be justifiable cause for denying such.
With so little good that can come from this emphasis, coupled with such a large chance for abuse, mental health isn?t the answer that the politicians tout it to be.? As I have previously noted, the common element in the high profile gun violence cases (theater, schools, churches and malls) is that they?re all gun free zones.? Glenn Reynolds points out that this causes a false sense of security.? ?Policies making areas ?gun free? provide a sense of safety to those who engage in magical thinking, but in practice, of course, killers aren?t stopped by gun-free zones. As always, it?s the honest people ? the very ones you want to be armed ? who tend to obey the law.?
This is, as it were, the low hanging fruit.? Tackle the easy things and leave the questionable ones behind.
Prior Featured:
What To Expect On Gun Control In The Coming Months
The War To Disarm America
Christians, The Second Amendment And The Duty Of Self Defense
Do We Have A Constitutional Right To Own An AR?
U.N. Arms Treaty: Dreams Of International Gun Control
Source: http://www.captainsjournal.com/2013/01/27/mental-health-checks-are-not-the-answer-to-gun-violence/
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All Critics (213) | Top Critics (50) | Fresh (188) | Rotten (16)
It's a rom-com that succeeds in revitalizing that discredited genre where so many others have failed, injecting it with the grit and emotion of realist drama rather than with amped-up whimsy or social satire or montages of people walking on the beach.
Silver Linings Playbook tells us that happily-ever-after may depend on finding people who coexist with our lunacy, not ones who can lead us out of it. In any case, it's crazy good.
A crazy beaut of a comedy that brims with generosity and manages to circumvent predictability at every turn.
An edgy romantic dramedy that suits our anxious times.
This meaningful film keeps the laughs, giddy anxiousness and warm butterflies from the trailer and sustains it all through two full hours of a love story.
David O. Russell's latest buzz film straddles a fine line between farce and kitchen-sink drama before settling into a groove that gets under one's skin.
It starts to fray about halfway through as it shifts into a more conventional mode, taking on the usual trappings of the genre and making its way to a predictable resolution
Both charming and gritty... Cooper is edgy, while Lawrence is dynamite
If there's one reason why you should see this film, it's to admire the wonderful performances from Bradley Cooper and Jennifer Lawrence.
Cooper and Lawrence Shine in Linings.
Source: http://www.rottentomatoes.com/m/silver_linings_playbook/
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TOKYO (AP) ? Now it's official: Toyota is once again the world's top automaker.
Toyota Motor Corp. released its tally for global vehicle sales for last year Monday at a record 9.748 million vehicles ? a bigger number than the estimate it gave last month of about 9.7 million vehicles.
It was already clear Toyota had dethroned General Motors Co. as the Detroit-based automaker fell short, selling 9.29 million vehicles.
GM had been the top-selling automaker for more than seven decades before losing the title to Toyota in 2008.
GM retook the sales crown in 2011, when Toyota's production was hurt by the quake and tsunami in northeastern Japan.
The latest results show Toyota's powerful comeback.
Global vehicle sales for the maker of the Camry sedan, Prius hybrid and Lexus luxury model surged nearly 23 percent from the previous year. Overseas sales jumped 19 percent, while sales in Japan, where the economy has been troubled, recovered a whopping 35 percent.
Volkswagen AG of Germany, the world's No. 3 automaker, sold a record 9.1 million vehicles around the world.
All three automakers play down the significance of the sales ranking and say they are focused on making attractive products.
"Rather than going after numbers, we hope to make fine products, one by one, to keep out customers satisfied. The numbers are just a result of our policy. And our policy will continue unchanged," said Toyota spokeswoman Shino Yamada.
Still, the recovery for Toyota is impressive. Like other Japanese automakers, Toyota's production was devastated by the March 2011 disasters, which disrupted supplies of crucial components. Flooding in Thailand, where Toyota has factories, also hurt car production.
Before that, it struggled against a crisis of massive recalls in the U.S. over defective floor mats, gas pedals and brakes, involving millions of vehicles, some recalled over and over, that hurt its reputation for quality.
Toyota officials have vowed to scrutinize quality, and have held back product development to minimize recalls.
From the middle of last year, it was hit by another kind of problem ? a widespread boycott of Japanese products, including Toyota cars, in China over a territorial dispute.
But sales growth in other parts of the world, including the U.S. and Asian nations such as Indonesia and India, was more than enough to offset such losses.
Toyota is planning to sell 9.91 million vehicles globally in 2013, putting it back on track toward its earlier goal of 10 million vehicles ? a target that it had made a special effort to play down after its recall crisis.
___
Follow Yuri Kageyama on Twitter at www.twitter.com/yurikageyama
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Osamu Tsukimori , Reuters
TOKYO???The Japanese government is set to launch the world's first 4K TV broadcast in July 2014, roughly two years ahead of schedule, to help stir demand for ultra high-definition televisions, the Asahi newspaper reported on Sunday without citing sources.
The service will begin from communications satellites, followed by satellite broadcasting and ground digital broadcasting, the report said.
The 4K TVs, which boast four times the resolution of current high-definition TVs, are now on sale by Japanese makers including Sony, Panasonic and Sharp. Other manufacturers include South Korea's LG Electronics.
Japan's Ministry of Internal Affairs and Communications had aimed to kick-start the 4K TV service in 2016. That has been brought forward to July 2014, when the final match of the 2014 football World Cup is set to take place in Brazil, the Asahi report said.
In Japan, the development of super high-definition 8K TVs is in progress, and the Ministry of Internal Affairs and Communications plans to launch the test 8K TV broadcast in 2016, two years ahead of schedule, it said.
Copyright 2013 Thomson Reuters.
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Jan. 28, 2013 ? In what is believed to be the first study of its kind, researchers used genomic techniques to document the presence of significant numbers of living microorganisms -- principally bacteria -- in the middle and upper troposphere, that section of the atmosphere approximately four to six miles above Earth's surface.
Whether the microorganisms routinely inhabit this portion of the atmosphere -- perhaps living on carbon compounds also found there -- or whether they were simply lofted there from Earth's surface isn't yet known. The finding is of interest to atmospheric scientists, because the microorganisms could play a role in forming ice that may impact weather and climate. Long-distance transport of the bacteria could also be of interest for disease transmission models.
The microorganisms were documented in air samples taken as part of NASA's Genesis and Rapid Intensification Processes (GRIP) program to study low- and high-altitude air masses associated with tropical storms. The sampling was done from a DC-8 aircraft over both land and ocean, including the Caribbean Sea and portions of the Atlantic Ocean. The sampling took place before, during and after two major tropical hurricanes -- Earl and Karl -- in 2010.
The research, which has been supported by NASA and the National Science Foundation, was scheduled to be published online January 28th by the journal Proceedings of the National Academy of Sciences.
"We did not expect to find so many microorganisms in the troposphere, which is considered a difficult environment for life," said Kostas Konstantinidis, an assistant professor in the School of Civil and Environmental Engineering at the Georgia Institute of Technology. "There seems to be quite a diversity of species, but not all bacteria make it into the upper troposphere."
Aboard the aircraft, a filter system designed by the research team collected particles -- including the microorganisms -- from outside air entering the aircraft's sampling probes. The filters were analyzed using genomic techniques including polymerase chain reaction (PCR) and gene sequencing, which allowed the researchers to detect the microorganisms and estimate their quantities without using conventional cell-culture techniques.
When the air masses studied originated over the ocean, the sampling found mostly marine bacteria. Air masses that originated over land had mostly terrestrial bacteria. The researchers also saw strong evidence that the hurricanes had a significant impact on the distribution and dynamics of microorganism populations.
The study showed that viable bacterial cells represented, on average, around 20 percent of the total particles detected in the size range of 0.25 to 1 microns in diameter. By at least one order of magnitude, bacteria outnumbered fungi in the samples, and the researchers detected 17 different bacteria taxa -- including some that are capable of metabolizing the carbon compounds that are ubiquitous in the atmosphere -- such as oxalic acid.
The microorganisms could have a previously-unidentified impact on cloud formation by supplementing (or replacing) the abiotic particles that normally serve as nuclei for forming ice crystals, said Athanasios Nenes, a professor in the Georgia Tech School of Earth and Atmospheric Sciences and School of Chemical and Biomolecular Engineering.
"In the absence of dust or other materials that could provide a good nucleus for ice formation, just having a small number of these microorganisms around could facilitate the formation of ice at these altitudes and attract surrounding moisture," Nenes said. "If they are the right size for forming ice, they could affect the clouds around them."
The microorganisms likely reach the troposphere through the same processes that launch dust and sea salt skyward. "When sea spray is generated, it can carry bacteria because there are a lot of bacteria and organic materials on the surface of the ocean," Nenes said.
The research brought together microbiologists, atmospheric modelers and environmental researchers using the latest technologies for studying DNA. For the future, the researchers would like to know if certain types of bacteria are more suited than others for surviving at these altitudes. The researchers also want to understand the role played by the microorganisms -- and determine whether or not they are carrying on metabolic functions in the troposphere.
"For these organisms, perhaps, the conditions may not be that harsh," said Konstantinidis. "I wouldn't be surprised if there is active life and growth in clouds, but this is something we cannot say for sure now."
Other researchers have gathered biological samples from atop mountains or from snow samples, but gathering biological material from a jet aircraft required a novel experimental setup. The researchers also had to optimize protocols for extracting DNA from levels of biomass far lower than what they typically study in soils or lakes.
"We have demonstrated that our technique works, and that we can get some interesting information," Nenes said. "A big fraction of the atmospheric particles that traditionally would have been expected to be dust or sea salt may actually be bacteria. At this point we are just seeing what's up there, so this is just the beginning of what we hope to do."
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A woman cries over the coffin of a victim at a gymnasium where bodies were brought for identification in Santa Maria city, Rio Grande do Sul state, Brazil, Sunday, Jan. 27, 2013. Flames raced through a crowded nightclub in southern Brazil early Sunday, killing more than 230 people as panicked partygoers gasped for breath in the smoke-filled air, stampeding toward a single exit partially blocked by those already dead. (AP Photo/Nabor Goulart)
A woman cries over the coffin of a victim at a gymnasium where bodies were brought for identification in Santa Maria city, Rio Grande do Sul state, Brazil, Sunday, Jan. 27, 2013. Flames raced through a crowded nightclub in southern Brazil early Sunday, killing more than 230 people as panicked partygoers gasped for breath in the smoke-filled air, stampeding toward a single exit partially blocked by those already dead. (AP Photo/Nabor Goulart)
A man stands around coffins containing the remains of victims after the bodies were identified at a gymnasium in Santa Maria city, Rio Grande do Sul state, Brazil, Sunday, Jan. 27, 2013. A fast-moving fire roared through the crowded, windowless Kiss nightclub in southern Brazil early Sunday, within seconds filling the space with flames and a thick, toxic smoke that killed more than 230 panicked partygoers who gasped for breath and fought in a stampede to escape.(AP Photo/Felipe Dana)
Relatives and friends mourn on the coffin containing the remains of a fire victim at a gymnasium where bodies were brought for identification in Santa Maria city, Rio Grande do Sul state, Brazil, Sunday, Jan. 27, 2013. A fast-moving fire roared through the crowded, windowless Kiss nightclub in southern Brazil early Sunday, within seconds filling the space with flames and a thick, toxic smoke that killed more than 230 panicked partygoers who gasped for breath and fought in a stampede to escape.(AP Photo/Felipe Dana)
Relatives and friends carry the coffin of a victim out of a gymnasium where bodies where brought for identification in Santa Maria city, Rio Grande do Sul state, Brazil, Sunday, Jan. 27, 2013. A fast-moving fire roared through the crowded, windowless Kiss nightclub in southern Brazil early Sunday, within seconds filling the space with flames and a thick, toxic smoke that killed more than 230 panicked partygoers who gasped for breath and fought in a stampede to escape.(AP Photo/Felipe Dana)
A man carries an injured man, victim of a fire at the Kiss club in Santa Maria city, Rio Grande do Sul state, Brazil, early Sunday, Jan. 27, 2013. Firefighters say that the death toll from a fire that swept through a crowded nightclub in southern Brazil has risen to 180. Officials say the fire broke out while a band was performing. At least 200 people have been injured. (AP Photo/Agencia RBS)
SANTA MARIA, Brazil (AP) ? The bodies of the young college students were found piled up just inside the entrance of the Kiss nightclub, among more than 230 people who died in a cloud of toxic smoke after a blaze enveloped the crowded locale within seconds and set off a panic.
Hours later, the horrific chaos had transformed into a scene of tragic order, with row upon row of polished caskets of the dead lined up in the community gymnasium in the university city of Santa Maria. Many of the victims were under 20 years old, including some minors.
As the city in southern Brazil prepared to bury the 233 people killed in the conflagration caused by a band's pyrotechnic display, an early investigation into the tragedy revealed that security guards briefly prevented partygoers from leaving through the sole exit. And the bodies later heaped inside that doorway slowed firefighters trying to get in.
"It was terrible inside ? it was like one of those films of the Holocaust, bodies piled atop one another," said police inspector Sandro Meinerz. "We had to use trucks to remove them. It took about six hours to take the bodies away."
Survivors and another police inspector, Marcelo Arigony, said security guards briefly tried to block people from exiting the club. Brazilian bars routinely make patrons pay their entire tab at the end of the night before they are allowed to leave.
"It was chaotic and it doesn't seem to have been done in bad faith because several security guards also died," he told The Associated Press.
Later, firefighters responding to the blaze initially had trouble entering the club because "there was a barrier of bodies blocking the entrance," Guido Pedroso Melo, commander of the city's fire department, told the O Globo newspaper.
Police inspectors said they think the source of the blaze was a band's small pyrotechnics show. The fire broke out sometime before 3 a.m. Sunday and the fast-moving fire and toxic smoke created by burning foam sound insulation material on the ceiling engulfed the club within seconds.
Authorities said band members who were on the stage when the fire broke out later talked with police and confirmed they used pyrotechnics during their show.
Meinerz, who coordinated the investigation at the nightclub, said one band member died after escaping because he returned inside the burning building to save his accordion. The other band members escaped alive because they were the first to notice the fire.
The fire spread so fast inside the packed club that firefighters and ambulances could do little to stop it, survivor Luana Santos Silva told the Globo TV network.
"There was so much smoke and fire, it was complete panic, and it took a long time for people to get out, there were so many dead," she said.
Most victims died from smoke inhalation rather than burns. Many of the dead, about equally split between young men and women, were also found in the club's two bathrooms, where they fled apparently because the blinding smoke caused them to believe the doors were exits.
There were questions about the club's operating license. Police said it was in the process of being renewed, but it was not clear if it was illegal for the business to be open. A single entrance area about the size of five door spaces was used both as an entrance and an exit.
Family members of those killed walked around the gym in a daze Sunday evening, shuffling between caskets or holding one another and weeping as they identified loved ones and tried to make sense of what had happened.
Elaine Marques Goncalves lost her son Deivis in the fire. Another son who attended the college party at the nightclub, Gustavo, was barely alive after suffering two cardiac arrests caused by smoke inhalation.
She learned of the blaze after the mother of her sons' friends called her early Sunday.
"My boys were not home and I had no news. I turned on the TV ? the tragedy was all over the television," she said at the makeshift morgue. "All I knew was they had gone to a club, I didn't know which one. I kept saying: 'Where do I start? Where do I go?'"
Television images from the city of about 260,000 people showed black smoke billowing out of the nightclub as shirtless young men who attended a university party there joined firefighters using axes and sledgehammers to pound at the hot-pink exterior walls, trying to reach those trapped inside.
Bodies of the dead and injured were strewn in the street and panicked screams filled the air as medics tried to help. There was little to be done; officials said most of those who died were suffocated by smoke within minutes.
Within hours the community gym was a horror scene, with body after body lined up on the floor, partially covered with black plastic as family members identified kin.
Outside the gym police held up personal objects ? a black purse, a blue high-heeled shoe ? as people seeking information on loved ones crowded around, hoping not to recognize anything being shown them.
The gathering was a party organized by students from several academic departments from the Federal University of Santa Maria. Such organized university parties are common throughout Brazil.
Survivor Michele Pereira told the Folha de S. Paulo newspaper that she was near the stage when members of the band lit some sort of flare.
"The band that was onstage began to use flares and, suddenly, they stopped the show and pointed them upward," she said. "At that point, the ceiling caught fire. It was really weak, but in a matter of seconds it spread."
Guitarist Rodrigo Martins told Radio Gaucha that the band, Gurizada Fandangueira, started playing at 2:15 a.m. "and we had played around five songs when I looked up and noticed the roof was burning."
"It might have happened because of the Sputnik, the machine we use to create a luminous effect with sparks. It's harmless, we never had any trouble with it," he said. "When the fire started, a guard passed us a fire extinguisher, the singer tried to use it but it wasn't working."
He confirmed that accordion player Danilo Jacques, 28, died, while the five other members made it out safely.
Police Maj. Cleberson Braida Bastianello said by telephone that the toll had risen to 233 with the death of a hospitalized victim. He said earlier that the death toll was likely made worse because the nightclub appeared to have just one exit through which patrons could exit.
Federal Health Minister Alexandre Padhilha told a news conference that most of the 117 people treated in hospitals had been poisoned by gases they breathed during the fire. Only a few suffered serious burns, he said.
Most of the dead apparently were asphyxiated, according to Dr. Paulo Afonso Beltrame, a professor at the medical school of the Federal University of Santa Maria who went to the city's Caridade Hospital to help victims.
"Large amounts of toxic smoke quickly filled the room, and I would say that at least 90 percent of the victims died of asphyxiation," Beltrame told the AP.
Sunday's fire appeared to be the worst at a nightclub since December 2000, when a welding accident reportedly set off a fire at a club in Luoyang, China, killing 309.
Similar circumstances led to a 2003 nightclub fire that killed 100 people in the United States. Pyrotechnics used as a stage prop by the 1980s rock band Great White set ablaze cheap soundproofing foam on the walls and ceiling of a Rhode Island music venue.
___
Associated Press writers Marco Sibaja in Brasilia and Stan Lehman and Bradley Brooks in Sao Paulo contributed to this report.
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