Reaction to the death of actor Jack Klugman


Celebrities on Monday reacted to the death of "Odd Couple" star Jack Klugman, who died Monday at age 90. Here are samples of sentiments expressed on Twitter:


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"R.I.P. Jack Klugman, Oscar, Quincy a man whose career spanned almost 50 years. I first saw him on the Twilight Zone. Cool guy wonderful actor." — Whoopi Goldberg.


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"You made my whole family laugh together." — Actor Jon Favreau, of "Swingers," ''Iron Man" and other films.


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"I worked with Jack Klugman several years ago. He was a wonderful man and supremely talented actor. He will be missed" — Actor Max Greenfield, of the "New Girl" on Fox.


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"So sorry to hear that Jack Klugman passed away. I learned a lot, watching him on television" — Dan Schneider, creator of Nickelodeon TV shows "iCarly," ''Drake and Josh" ''Good Burger," ''Drake & Josh."


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Corporate tax rate overhaul may be part of a 'fiscal cliff' deal









WASHINGTON — Amid the wrangling over the so-called fiscal cliff, President Obama and congressional Republicans can agree on something: They want to lower the corporate tax rate.


The U.S. has the highest overall rate of any of the world's developed economies. It took the top spot in March after Japan reduced its rate, mimicking other countries that have lowered taxes to lure new businesses and keep existing companies from leaving.


Negotiations to avert automatic income tax increases and federal spending cuts scheduled to kick in Jan. 1 could provide the impetus for U.S. policymakers to tackle an overhaul of the corporate tax code next year.





The White House wants to put a corporate tax overhaul, along with changes to the individual income tax system, on a fast track as part of any deal to avoid the "fiscal cliff."


The centerpiece of an overhaul would be slashing the 35% corporate tax rate, a goal long sought by corporate executives and lobbyists.


Quiz: How much do you know about the 'fiscal cliff'?


"In the name of global competitiveness, I think that has largely been agreed to," Jim McNerney, chief executive of Boeing Co., said about how both parties view the need for major corporate tax changes.


In February, Obama proposed lowering the federal rate to 25% for manufacturing companies and to 28% for other firms. Rep. Dave Camp (R-Mich.), chairman of the House Ways and Means Committee, has been pushing a plan to lower the rate to 25% for all corporations.


In both cases, the rate cuts would be accompanied by the elimination of some of the numerous tax breaks that allow many companies to pay a much lower effective tax rate — and sometimes to avoid paying any corporate taxes at all.


"The administration's position on this is very much in sync with what Republicans say they want, which is a lower rate and a broader base," said Jared Bernstein, a senior fellow at the Center on Budget and Policy Priorities and the former chief economist for Vice President Joe Biden.


But there still are some obstacles to a deal.


Some Democrats want to use an overhaul to increase the amount of tax revenue coming from corporations, while Republicans want to keep the amount the same. The White House and congressional Republicans also differ on how the U.S. should treat money earned abroad.


And the business community itself is divided. Many small companies file taxes as individuals. They're opposed to any "fiscal cliff" deal that would raise their rates while giving corporations a rate reduction.


Analysts said the obstacles could be overcome because there is consensus around the broader point that the U.S. needs to bring its corporate tax rate in line with other developed nations.


"Regardless of your political persuasion, it is unquestionably the case that the nominal U.S. corporate tax rate is much higher than that of peer countries," said Edward Kleinbard, a USC law professor and former chief of staff of Congress' Joint Committee on Taxation.


The case for corporate tax reform got a boost when the overall U.S. rate of 39.1%, which includes federal, state and local corporate taxes, became the highest this year among the 34 nations in the Organization for Economic Cooperation and Development. Two decades ago, the U.S. was 13th.


"At one time in the '80s, we had a competitive corporate tax rate," said Dorothy Coleman, vice president of tax and domestic economic policy for the National Assn. of Manufacturers. "We've fallen behind by standing still."


Quiz: The year in business


But the rate in the tax code isn't what many companies pay because of a host of deductions and tax credits. In 2011, the effective corporate tax rate in the U.S. was 29.2%, roughly in line with the 31.9% average of the six other largest developed economies, the Obama administration said.


The White House said that parity does not mean the statutory rate shouldn't be reduced. It simply means that many tax breaks should be eliminated, allowing the rate to be lowered without adding to the deficit.





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Four firefighters shot, two fatally, in western New York









WEBSTER, N.Y. -- A western New York police chief says a gunman who entrapped and shot four volunteer firefighters outside a blazing home is dead.


Webster Police Chief Gerald Pickering says two of the firefighters were killed and two others hospitalized after the ambush on a spit of land on Lake Ontario just northeast of Rochester.


He also says an off-duty police officer who was driving by has injuries from shrapnel. One of the slain firefighters is also a town police lieutenant.











The shooting Monday morning happened in a quiet neighborhood of seasonal and year-round homes.


The West Webster Fire District received a report of a car and house on fire on Lake Road, on a narrow peninsula where Irondequoit Bay meets Lake Ontario, Flynn said.


"When they got there, they started to take on rounds and the initial responders were struck," the sheriff said.


The two wounded firefighters were in critical condition at a Rochester hospital, Flynn said.


The fire appeared from a distance as a pulsating ball of flame glowing against the early morning sky, flames licking into treetops and reflecting on the water, with huge bursts of smoke billowing away in a brisk wind.


Police say four homes in all were destroyed and four damaged by the spreading flames.


Webster, a middle-class, lakeside suburb, now is the scene of violence linked to house fires for two Decembers in a row.


Authorities say that on Dec. 7, 2011,  a 15-year-old boy doused his home with gasoline and set it ablaze, killing his father and two brothers, 16 and 12. His mother and 13-year-old sister escaped with injuries. He is being prosecuted as an adult.





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British retailers start online sales early






LONDON (Reuters) – British retailers have brought forward their Christmas clearance sales online in the hope that shoppers will log on to buy bargains and offset lackluster spending in stores.


Marks & Spencer launched its sale online at midday on Monday, it said on its website, while department store John Lewis said it would cut online prices when its stores close at 1700 GMT. Debenhams has already started its online sale.






Retailers in recent years have started sales online on Christmas Day, ahead of the clearances in stores from Boxing Day, but are increasingly launching their online offers before Christmas after delivery deadlines for the day have passed.


Hard-pressed shoppers have been leaving it later to buy presents in the hope that retailers would slash prices, the British Retail Consortium said.


It was forecasting that 5 billion pounds ($ 8.1 billion) would be spent in the shops on Saturday and Sunday combined, the last weekend before Christmas.


Richard Dodd, the BRC’s head of Media and Campaigns, said weekend trading had met expectations.


Christmas, ultimately once all the final sums are done, will turn out to be acceptable but not exceptional,” he said.


He said the sector expected a modest increase in cash spending against a year go, but not necessarily any significant increase in real terms once inflation was stripped out.


Many British families‘ budgets are stretched, according to a survey from Markit that showed the biggest deterioration in household finances for seven months.


Analyst Howard Archer at IHS Global Insight said the weakening in household finances could not come at a worse time for retailers, and it highlighted why many people appeared to have been careful in their Christmas shopping this year.


“The suspicion has to be that consumers will be especially keen to take advantage of genuine major bargains in the sales to acquire items that they cannot otherwise afford or are reluctant to make at the moment,” he said.


“However, we suspect that people will likely to be more careful in buying – or reluctant to buy – items that they don’t really want or need in the sales.”


($ 1 = 0.6180 British pounds)


(Reporting by Paul Sandle; Editing by Louise Heavens)


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Risks: Pedestrian Accidents More Deadly in Men

More than twice as many men as women die in pedestrian-vehicle accidents. Now researchers have partly determined why.

Writing online last month in the journal Injury Prevention, investigators considered the contribution of three factors: distance walked, number of accidents and fatalities per collision.

Researchers using data from a variety of sources found that men and women walk similar distances and that men are involved in slightly more accidents per mile. Only 1 percent of the difference in death rates is attributable to distance walked, they found, and 20 percent to an increased number of accidents among men.

The rest — 79 percent of the variation — owes to the fact that when there is a collision, men die at roughly twice the rate of women. According to the National Highway Traffic Safety Administration, 4,280 pedestrians died in traffic accidents in 2010, and 2,946 — 69 percent — were men.

Why? No one knows, but the lead author, Dr. Motao Zhu, an assistant professor of epidemiology at West Virginia University, suggested two possibilities: “Maybe males are more likely to cross roads with speed limits higher than 50 miles per hour,” he said. “Also, males may be more likely to be impaired by alcohol and drugs. Most people know it’s not safe to drive drunk, but it’s not safe to walk drunk either.”

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Raging fire guts Kabul market









KABUL, Afghanistan -- Firefighters battled through the night to contain a raging fire that swept through a market in the Afghan capital.

No injuries were reported, but the blaze destroyed hundreds of stores and millions of dollars worth of merchandise, Afghan police and firefighters said at the scene. 


Dealers at the neighboring currency exchange, the city’s largest, said they evacuated cash, computer equipment and records from their shops as the flames approached during the night. But in the morning, the market was jammed with people haggling over thick stacks of notes as smoke billowed overhead.





Col. Mohammed Qasem, general director of the Kabul fire department, said he suspected an electrical short was to blame for the fire. 


Gas canisters used to heat the stores propelled the flames, along with the cloth and clothing sold by many of the vendors, Qasem said. “It made it very big in a short time.”


Firefighters from the Afghan defense department and NATO forces were sent to assist. But the city’s notorious traffic and the market’s narrow lanes made it difficult for responders to maneuver their vehicles, Qasem said.


Abdulrahman, who like many Afghans has only one name, squatted near a fire truck with his head in his hands  as responders aimed a hose at the blackened ruins of a building still smoldering at noon Sunday, more than 12 hours after the fire broke out.


He said the building had contained three shops that he owned and a warehouse full of glassware, crockery and kitchen utensils. 


“I lost everything,” he said.


Shirali Khan complained that police hadn't allowed him to remove the goods from his four clothing stores.


“They thought we were all robbers,” he said.  “There’s only ashes left.”


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Special correspondent Hashmat Baktash contributed to this report.






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Video games and shooting: Is the NRA right?






After a week of silence following the Sandy Hook school shooting that killed 20 first graders and six staff in Newtown, Conn., the National Rifle Association blamed the entertainment industry – specifically the producers of violent video games for inciting what has become a pattern of gun violence in the United States.


In describing the industry, NRA Vice President Wayne LaPierre said, “There exists in this country a callous, corrupt and corrupting shadow industry that sells, and sows, violence against its own people.”






Mr. LaPierre faulted the news media for failing to report on “vicious, violent video games” such as “Grand Theft Auto,” “Mortal Kombat,” and “Splatterhouse” as egregious examples. He also singled out “Kindergarten Killer,” a free, fairly obscure online game.


“How come my research department could find it and all of yours either couldn’t or didn’t want anyone to know you had found it?” he asked reporters.


Recommended: Second Amendment Quiz


Most academic research, as well as studies by the FBI and the US Secret Service, examining the link between violent video games and incident of violence does not support the gun lobby’s charge.


For example, a 2008 report by researchers at Harvard Medical School and Massachusetts General Hospital funded by the US Department of Justice found that violent video games may increase bullying or physical fighting in schools, but not mass gun violence.


“It’s clear that the ‘big fears’ bandied about in the press – that violent video games make children significantly more violent in the real world; that they will engage in the illegal, immoral, sexist and violent acts they see in some of these games – are not supported by the current research, at least in such a simplistic form,” the report states.


Joan Saab, director of the visual and cultural studies program at the University of Rochester in New York, says the gaming industry should share in the blame for promoting military weaponry to young people, but adds that the popularity of such games reflect the “larger culture we live in, which is heavily militarized,” in the midst of lengthy combat operations in Iraq and Afghanistan.


Ms. Saab says that the NRA’s call for armed guards in schools would make that kind of military culture more pervasive for children.


“If there are more armed guards in schools, kids are exposed to more guns. That’s when fantasy and reality aren’t blurred. When there are guns in schools, it becomes real life and the day-to-day environment becomes more dangerous than the game,” she says. In Newtown, as in Aurora, Colo. and the sites of other mass shootings, the gunman was outfitted in military-style dress.


By blaming video games for gun violence, the NRA also puts itself in a vulnerable position because, as Mother Jones reports, the company partnered with gaming producer Cave Entertainment in 2006 for “NRA Gun Club,” a PlayStation 2 game that allows users to fire over 100 different brand-name handguns.


LaPierre did not specify if Congress should move forward in regulating the gaming industry, perhaps because previous attempts were not successful.


A US Supreme Court ruling in 2011 struck down a California law that made it a crime to sell or rent what it classified as violent video games to minors. The ruling said the law, signed by then-Gov. Arnold Schwarzenegger (R) in 2005, violates First Amendment protections.


In the wake of Sandy Hook, Senate Commerce Committee Chairman Jay Rockefeller introduced a bill that calls for the National Academy of Sciences to examine the possible links between violent video games and violent incidents caused by children.


Overall, gun-based video games do not wholly represent total gaming industry sales, according to data from VGChartz, a UK-based research firm that tracks gaming sales. In 2011, for example, just seven of the top 20 best-selling games in the US involve warfare simulation. The other titles – “Just Dance 3,” “Kinect Adventures!” “New Super Mario Bros. Wii,” “Madden NFL 12,” and “Pokemon Black/White” – are designed around sports, dance, and children’s cartoon characters.


All of the games LaPierre mentions are more than 15 years old, with some dating back to the 1980s, with their popularity waning. For example, total unit sales in the US for the “Mortal Kombat” franchise dropped 70 percent in 2012, compared to the previous year total. The game debuted in 1992.


Gaming experts say that the majority of the games LaPierre cited do not portray gun violence – “Mortal Kombat” involves hand-to-hand combat, for example. They say they do not understand why he did not single out “first person shooter” games such as blockbuster franchises like the “Call of Duty” series, which is based on simulated gun action and is considered one of the most hyper-violent on the market. In fact, according to news reports, the game was also a favorite of Adam Lanza, the Newtown gunman who spent hours at home playing it.


“Some of those games [LaPierre mentions] are older than the [Newtown] shooter,” who was 20, says Christopher Grant, editor-in-chief of Polygon.com, an online site based in New York City that covers gaming news and trends. “I have no idea why he chose them. My theory is he didn’t want to pick anything too modern [such as ‘Call of Duty’ or ‘Doom’] that might overlap unfavorably with something their own members might enjoy.”


“Call of Duty” is known as a favorite of the military and is often credited for driving up recruitment. Activision Blizzard, the company behind “Call of Duty,” has donated thousands of copies to the US Navy; the company also created a non-profit foundation to help returning US military veterans.


According to the NPD Group, a global market research firm, retail gaming sales in the US plummeted 20 percent in the first eight months of 2012 compared to the same time period the previous year, a trend that follows years of declining sales. Between 2008 and 2011, total sales of industry software and hardware dropped 20.5 percent. According to the gaming industry website Gamasutra, 2012 sales are expected to be the lowest since 2006.


The sales drop is representative of major shifts in the gaming industry, which is slowly moving away from console-based games to those that are played via smartphones, digital tablets, and online through social networks.


The change has produced a new type of gamer: They are generally older, more ethnically and economically diverse, and they feed their gaming appetite in smaller bites and on-the-go, as opposed to the traditional gamer profile of a few years ago, which tended to be young males playing for hours in one sitting.


The Entertainment Software Association, an industry trade group based in Washington, reports that the average gamer today is 30 years old, the most frequent game purchaser is 35 years old, and that almost half (47 percent) of all gamers are women.


Recommended: Second Amendment Quiz


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'Hobbit' extends No. 1 journey with $36.7 million


LOS ANGELES (AP) — Tiny hobbit Bilbo Baggins is running circles around some of the biggest names in Hollywood.


Peter Jackson's "The Hobbit: An Unexpected Journey" took in $36.7 million to remain No. 1 at the box office for the second-straight weekend, easily beating a rush of top-name holiday newcomers. Part one of Jackson's prelude to his "The Lord of the Rings" trilogy, the Warner Bros. release raised its domestic total to $149.9 million after 10 days.


Studio estimates Sunday put Tom Cruise's action thriller "Jack Reacher" in second place with a modest $15.6 million debut. Based on the Lee Child best-seller "One Shot," the Paramount Pictures release stars Cruise as a lone-wolf ex-military investigator tracking a sniper conspiracy.


Opening at No. 3 with $12 million was Judd Apatow's marital comedy "This Is 40," a Universal Pictures film featuring Paul Rudd and Leslie Mann reprising their roles from the director's 2007 hit "Knocked Up."


Paramount's road-trip romp "The Guilt Trip," featuring "Knocked Up" star Seth Rogen and Barbra Streisand, debuted weakly at No. 6 with $5.4 million over the weekend and $7.4 million since it opened Wednesday. Playing in narrower release, Paramount's acrobatic fantasy "Cirque du Soleil: Worlds Away" also drew light crowds, debuting at No. 11 with $2.1 million.


A 3-D version of Disney's 2001 animated blockbuster "Monsters, Inc." also had a modest start at No. 7 with $5 million over the weekend and $6.5 million since opening Wednesday.


In limited release, Kathryn Bigelow's Osama bin Laden manhunt saga "Zero Dark Thirty" played to packed houses with $410,000 in just five theaters, averaging a huge $82,000 a cinema.


That compares with a $4,654 average in 3,352 theaters for "Jack Reacher" and a $4,130 average in 2,913 cinemas for "This Is 40." ''The Guilt Trip" averaged $2,217 in 2,431 locations, "Monsters, Inc." averaged $1,925 in 2,618 cinemas and "Cirque du Soleil" did $2,542 in 840 theaters.


Since opening Wednesday, "Zero Dark Thirty" has taken in $639,000. Distributor Sony plans to expand the acclaimed film to nationwide release in January, amid film honors and nominations leading up to the Feb. 24 Academy Awards.


Opening in 15 theaters from Lionsgate banner Summit Entertainment, Naomi Watts and Ewan McGregor's tsunami-survival drama "The Impossible" took in $138,750 for an average of $9,250.


A fourth new release from Paramount, "The Sopranos" creator David Chase's 1960s rock 'n' roll tale "Not Fade Away," debuted with $19,000 in three theaters, averaging $6,333.


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Association board can't use email instead of meetings









Question: I recently was elected to the board of directors of my homeowners association. I was surprised to learn that rather than conducting board meetings with an agenda and homeowner attendance and calling executive sessions, the board regularly makes decisions via email — not an Internet conference, but simply emails. The manager initiates emails to all board directors with an issue or question and requests a majority decision. As soon as she obtains one, she acts on it. It's unclear whether all directors even read all the emails.

These are not emergency issues requiring immediate decisions, they are regular discussions that should take place in front of the owners at an open meeting. The excuse is that directors have busy schedules and it's not practicable to meet physically for every decision. This has been the standard operating procedure for a very long time.

Doesn't this violate some kind of law?








Answer: Your owners need to band together and take a firm stand that actions such as these will not be tolerated.

Nothing in the Davis-Stirling Act or the Corporations Code allows boards to meet and reach decisions via email. The board's actions violate the Common Interest Development Open Meeting Act, Civil Code Section 1363.05.

Challenging this board's conduct should begin by requesting the minutes of all the meetings for at least the last year, and all the other documents required to be produced by the association pursuant to Civil Code Section 1365.2(a). If the board cannot produce association minutes because it doesn't keep them, it may mean that all those decisions are without authority and invalid. Also, request copies of all the emails.

As for the excuse about the impracticality of physically meeting, board directors who don't have time to meet also don't have time to serve on the board and should be removed by the homeowners.

Association management is vested in the board of directors, not a manager. The general rules regarding meetings of the board of directors of a common-interest development are contained in Civil Code Section 1363.05. California's Corporations Code requires that notice be given for each meeting of the board of directors at least four days in advance. Conducting meetings by email violates both codes, leaving the association open to potential liability.

This is not the way any association should be operating. Steps can and should be taken to remove this board, whether by titleholder vote or lawsuit. Allowing this to continue only opens the door to trouble for everyone who owns property there.

The late Stephen Glassman, an attorney specializing in corporate and business law, co-wrote this column. Vanitzian is an arbitrator and mediator. Send questions to P.O. Box 10490, Marina del Rey, CA 90295 or noexit@mindspring.com.





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