Two Months 'Til Doomsday? Mayan Apocalypse Set for Dec. 21

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Legal Theory Blog: O'Rourke on Overdelegation in Criminal Procedure

Anthony O'Rourke (SUNY-Buffalo Law School) has posted Structural Overdelegation in Criminal Procedure (Journal of Criminal Law and Criminology, Forthcoming) on SSRN. Here is the abstract:

In function, if not in form, criminal procedure is a type of delegation. It requires courts to select constitutional objectives, and to decide how much discretionary authority to allocate to law enforcement officials in order to implement those objectives. By recognizing this process for what it is, this Article identifies a previously unseen phenomenon that inheres in the structure of criminal procedure decision-making.

Criminal procedure?s decision-making structure, this Article argues, pressures the Supreme Court to delegate more discretionary authority to law enforcement officials than the Court?s constitutional objectives can justify. By definition, this systematic ?overdelegation? does not result from the Supreme Court?s hostility to protecting criminal procedure rights. Instead, it arises from a set of institutional pressures that, in combination, differentiate criminal procedure from other forms of constitutional decision-making.

By identifying the problem of structural overdelegation, this Article clears away much of the confusion that complicates normative debates about the Supreme Court?s criminal procedure decisions. Why does the Supreme Court so frequently grant discretionary authority to law enforcement institutions that other observers find untrustworthy? How can one tell whether the Court has granted ?too much? discretion to law enforcement officials, and what does that phrase even mean? By turning attention to criminal procedure?s structure, this Article offers a framework for answering these questions, and for deepening our understanding of criminal procedure decision-making.

Interesting & recommended.

Source: http://lsolum.typepad.com/legaltheory/2012/10/orourke-on-overdelegation-in-criminal-procedure.html

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Ancestry.com to be acquired by Permira-led group for $1.6 billion

(Reuters) - Genealogy website operator Ancestry.com agreed to be acquired for $1.6 billion by a group led by Europe-based private equity firm Permira Advisors LLC, four months after it put itself up for sale following the cancellation of a TV show based on its research.

The company, whose website helps users trace their family roots, will be taken private at $32 per share, a 10 percent premium to the stock's Friday closing price of $29.18.

Shares of the company rose to $31.49 in early trading on the Nasdaq on Monday. They have risen 17 percent since June 5 when the company said it was looking for a buyer.

Being owned by private equity and having a much smaller base of owners puts Ancestry.com in a better position to achieve long-term growth, BMO Capital Markets U.S. analyst Edward Williams said. "The reality of their business model is it allows for excess volatility in shares," Williams said.

The company, which sponsored the U.S. version of the popular British series "Who Do You Think You Are?", suffered a blow in May when NBC decided not to renew the show for a fourth season.

The show, built around tracing celebrities' family histories through Ancestry.com's databases, was a major driver of new subscriber additions for the website. Ancestry.com, which went public in 2009, has about 2 million paid subscribers.

The Provo, Utah-based company had hired Frank Quattrone's Qatalyst Partners in June to find a buyer.

Ancestry.com received offers in August from three private equity firms, including Permira, but none of the bidders met the company's price expectations at the time.

Sources had told Reuters earlier this month that Permira had emerged as the front-runner to buy the company.

INSIDER SUPPORT

The Permira-led buyout group includes the private equity firm's co-investors, members of Ancestry.com's management, including Chief Executive Tim Sullivan and Chief Financial Officer Howard Hochhauser, and Spectrum Equity, which is the largest shareholder in the company with a 30 percent stake.

Spectrum will exchange $100 million worth Ancestry.com shares for shares of the buying group -- Global Generations International Inc and Global Generations Merger Sub -- the company said in a filing.

Sullivan and Hochhauser will also exchange or roll over a "substantial majority" of their stakes for equity securities in the buying group.

Sullivan held a 5.2 percent stake, according to an April 11 regulatory filing.

Spectrum Equity declined to comment on the deal.

Barclays, Credit Suisse Securities, Deutsche Bank, Morgan Stanley and RBC Capital Markets have agreed to provide financing of up to $1.02 billion for the deal, Ancestry.com said.

The company will have to pay a termination fee of $37.8 million if it accepts another offer. If the buying group terminates the agreement, it will have to pay Ancestry.com $75.6 million.

The deal is Europe-based Permira's fourth in the United States in 12 months. It previously acquired technology-based student assessment firm Renaissance Learning, automated material handling solutions provider Intelligrated, and software maker Genesys.

(Reporting by Sruthi Ramakrishnan in Bangalore and Simon Meads in London; Additional reporting by Siddharth Cavale; Editing by Sriraj Kalluvila and Ted Kerr)

Source: http://news.yahoo.com/ancestry-com-acquired-permira-led-group-1-6-114538954--sector.html

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The 90s strike back! Marvel VS Capcom Origins Review | Video ...

Ever since the console release of Capcom?s Street Fighter 4 in 2009 2d fighters are enjoying a good degree of popularity once again. Trying to ride the success of Marvel VS Capcom 3 and the Marvel Avengers movie, Capcom releases on PSN and XBLA a new collection called Marvel VS Capcom Origins, cointaining two 90s two dimensions fighters: Marvel Super Heroes and the first Marvel VS Capcom.
Do these two games still hold their own after all these years or will Capcom?s collection only attract nostalgics? Let?s find out.

Nostalgia calling

To be completely honest, I can?t really understand why these two games have been choosen for the collection.
The Marvel VS Capcom franchise main feature is the tag team mechanic, where each player chooses 2 or more fighters, can swap them anytime during battle and even unleash some devasting combination attacks; Marvel Super Heroes features the standard 1 vs 1 formula without any tag team option
It?s not like it?s a bad game, but I think including X Men VS Street Fighter or Marvel Super Heroes VS Street Fighter too would have been more appropriate, since they are the first steps of the VS franchise and, nostalgia wise, it would have been a better choice altogether.
And nostalgia definitely is one of the main selling points of this collection and Capcom didn?t even try to hide it!
The Games are identical to their 90s counterparts in every possible way: graphics wise, sound wise and gameplay wise these two games are a trip back in the 90s, when these big detailed sprites dominated arcade cabinets.
To improve the nostalgic feeling of the collection, Capcom added 2 video options, one to simulate old CRT televisions and another to slight distort the image, simulating an old arcade cabinet screen.
These options will probably be fun for a couple minutes and most players will revert to the regular video option after some time.
Gameplay wise, how do the two fighters hold up? Quite frankly, they?re still very fun, despite their shortcomings.

Avengers, Assemble!

As I mentioned before Marvel Super Heroes, the second Capcom fighter featuring Marvel comics heroes, sports a traditonal 1 versus 1 gameplay, where players can unleash special attacks through the usual 2d fighters stick motions and even more devastating attacks called Infinity Combo after charging a special meter bar placed at the bottom of the screen. The fighters roster is quite diverse and feautures many fans? favourites like Captain America, Spiderman, Iron Man, Wolverine, Wolverine and Cyclops and a few villains like Blackheart, Shuma Gorath and Doctor DoomGameplay is enriched by the presence of special gems called Infinity Gems which grant some bonuses for a short amount of time during the fight.Graphics and sound wise we get what we could expect from a 90s 2d fighting game: sprites and backgrounds are nicely detailed and animated and the soundtrack manages to do its job, although some of the tracks sound a bit repetitive.

When two different worlds collide

Marvel VS Capcom: Clash Of The Super Heroes, released in 1998, is a turning point of the franchise: with this game Capcom started to expand the roster way beyond the Street Fighters characters including characters from other Capcom games like Darkstalker, Megaman, Strider and Captain Command. The Marvel roster gets expanded too with the inclusion of Spiderman?s nemesis Venom and a mix of characters already present in Marvel Super Heroes and XMen Vs Street Fighters.
Gameplay wise Capcom refined the tag team formula: players will choose two characters to use in combat and will be able to switch them at will during play. Nice additions are the Duo Team Attacks which allow the player to use both characters at the same time for a brief time with unlimited super moves usage and the Assist Characters which can be summoned for a limited amount of time to assist the player. These characters aren?t normaly usable so it feels like each time is composed by 3 characters, a prelude to the future evolution of the series.
Graphics wise we?re not too far from the other game in the collection except for a bit more details in both characters and backgrounds. The same can be said about soundtrack: it does its job well but there?s hardly anything memorable.

Now it?s time to take them on!

The only modern touch in the collection is, obviuosly, the online multiplayer mode. The online infrastructure is really well done: I experienced very little lag playing with people all over Europe and even when playing with someone far I didn?t experience too many problems.
The main issue with playing online comes from some unbalancing problems of the games: people playing online will try to win at any cost, so you?ll probably costantly fight the powered up versions of Hulk, Iron Man and Venom.
Not being technical fighters, the charm of these games lies in the easy to pick up and play nature and the unbalanced roster but with competitive play this may become an issue.
Final Verdict

I used to play these games when they were released and I had fun playing them again, probably as much as I did back then thanks to online play; nostalgia has probably a lot to do with this.
Players who never played these games in the past are probably better off looking elsewhere since some others 2d fighters are more refinite with more modern and compelling mechanics. Nostalgics like myself are probably going to really enjoying themselves, remembering those times where reading ? Insert Coins? on the arcade cabinets screens made them full of excitement!

The game is available on both PSN (12,99 euros) and XBox Live Arcade (1200 Microsoft points)

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Article from Gamersyndrome.com

Related posts:

1. MARVEL VS. CAPCOM ORIGINS PAX SCREEN SHOTS
2. Marvel vs. Capcom 3 Officially Announced
3. Super Street Fighter IV ? Screen Stage Shots
4. 8 New Screenshots from Super Street Fighter IV
5. Capcom profits tank 90%

Source: http://gamersyndrome.com/2012/video-games/the-90s-strike-back-marvel-vs-capcom-origins-review/

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John Farrell Trade: Red Sox Acquire Manager From Blue Jays

BOSTON -- The Boston Red Sox are hoping that two big trades will help them get back to the playoffs after missing out three years in a row.

The first was a genuine blockbuster that sent Adrian Gonzalez, Carl Crawford, Nick Punto and Josh Beckett to the Los Angeles Dodgers and freed up more than $250 million in future salaries. The second was the deal that brought John Farrell back to Fenway Park on Sunday.

The Red Sox hired Farrell to be their new manager after pursuing him for more than a year, agreeing to trade infielder Mike Aviles to the Blue Jays to pry their former pitching coach out of the manager's chair in Toronto.

"I'm extremely excited to be returning to the Red Sox and to Boston," Farrell said in a statement released by the Red Sox. "I love this organization. It's a great franchise in a special city and region, with great fans, and we want nothing more than to reward their faith in us."

Farrell had been the Toronto manager the past two seasons, posting a 154-170 record with two fourth-place finishes. He had one year remaining on his contract with the Blue Jays, allowing them to demand compensation from Boston.

It's the second time the Red Sox have pursued Farrell for their managerial job, closing the deal this time by working out a rare but not unprecedented trade for an active manager. Boston will give up Aviles, who hit .250 with 13 homers and 60 RBIs last season, and get right-hander David Carpenter in return.

It is the seventh time in major league history that one team has traded for a manager while he was under contract to another, the Red Sox said. Last year, the Miami Marlins obtained Ozzie Guillen from the Chicago White Sox in a deal that also included three players.

Farrell received a three-year deal in Boston, which also interviewed San Diego Padres special assistant Brad Ausmus, New York Yankees bench coach Tony Pena, Los Angeles Dodgers third base coach Tim Wallach and Baltimore Orioles third base coach DeMarlo Hale.

"We met some outstanding managerial candidates in this process," Red Sox president Larry Lucchino said in the statement. "John Farrell brings a unique blend of managerial experience, leadership and presence, pitching expertise, front office experience, and an established track record with many members of our uniformed staff and members of our front office. He will hit the ground running."

The pitching coach in Boston for four years, Farrell was the heir apparent to Terry Francona before going to Toronto two seasons ago when it seemed like Francona would be sticking around long-term. When Francona was let go after an unprecedented collapse in September 2011, the Red Sox tried to pry Farrell loose from the Blue Jays.

But Toronto general manager Alex Anthopoulos asked for a top player in return for Farrell, who had been there only one season and gone 81-81.

So the Red Sox turned to Bobby Valentine to bring discipline to a clubhouse in which players drank beer and ate fried chicken in the clubhouse during games. But the former New York Mets and Japanese Leagues manager alienated so many players that the team was forced to bail out on the season, trading three highly paid but underperforming players for a chance at a fresh start in 2013.

Valentine was fired after finishing in last place with a 69-93 record ? four games behind Toronto and the team's worst record since 1965. General manager Ben Cherington was back in the market for a manager, and this time he didn't need a hard-line disciplinarian.

"The team is in a different point than it was last year when we hired Bobby," Cherington said after firing Valentine. "The roster was fairly mature and we felt, mistakenly in retrospect, but we felt at the time, that we had a chance to win and the team was ready to win. We're now at a different point."

Farrell, 50, had a promising pitching career with the Cleveland Indians before an injury kept him out for the entire 1991 and `92 seasons. He returned to pitch sparingly in four more seasons, finishing his career with a 36-46 record and a 4.56 ERA.

He coached at Oklahoma State, where he pitched in college, from 1997-2001 and then spent five years in the Indians' front office before Francona, a former Cleveland teammate, brought him to Boston as pitching coach. Under Farrell's guidance from 2007-10, Red Sox pitchers held opponents to an AL-low .254 batting average and led the league with in 4,771 strikeouts.

Farrell is familiar with Red Sox management from his time in Boston and has worked with many of the club's pitchers ? including starters Jon Lester and Clay Buchholz, who were All-Stars under his tutelage.

"His broad set of experiences, and exceptional leadership skills, make him the ideal person to lead our team," Cherington said in the news release. "I have known him in various capacities throughout my career, and I hold him in the highest regard as a baseball man and as a person."

Aviles, 31, is a career .277 hitter who played 136 games for the Red Sox in 2012, mostly at shortstop.

Carpenter, 27, is 1-5 with one save and a 5.70 ERA over 67 career relief appearances with the Astros and Blue Jays. He appeared in 33 games in 2012, 30 with the Astros before being sent to the Blue Jays in a 10-player trade on July 20; he also made 23 minor-league appearances last season.

Originally a catcher, Carpenter converted to pitching in 2008.

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Source: http://www.huffingtonpost.com/2012/10/21/john-farrell-trade-red-sox-blue-jays_n_1998036.html

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Zito, Giants beat Cards, close NLCS deficit to 3-2

ST. LOUIS (AP) ? The San Francisco Giants waited quite a while for this kind of performance from Barry Zito.

The soft-tossing lefty was at his best Friday night, pitching San Francisco back into the NL championship series with a 5-0 win over the St. Louis Cardinals that narrowed its deficit to 3-2.

"This is definitely it for me," Zito said. "Coming here, especially doing it in a Giants uniform. A lot of people were saying stuff about A's days. And for me, the most important thing is doing everything for San Francisco right now."

The Giants' win in Game 5 sent the series to San Francisco. Game 6 will begin Sunday in the twilight at AT&T Park, with Ryan Vogelsong pitching against the Cardinals' Chris Carpenter.

Zito looked like the same guy who won the 2002 AL Cy Young award with the Athletics. He retired 11 batters in a row in one stretch while scattering six hits with six strikeouts in 7 2-3 innings.

Giants catcher Buster Posey twice tapped Zito on the chest when he was pulled in the eighth. It was Zito's first postseason win since 2006, shortly before he left the A's and signed a $126 million, seven-year contract with San Francisco.

Zito was left off the postseason roster when the Giants won the 2010 World Series because he had pitched so ineffectively. He started Game 4 of the division series against the Reds earlier in this year's playoffs and lasted only 2 2-3 innings.

"I couldn't be happier for him," manager Bruce Bochy said. "He had it all going. HE put on quite a show."

The defending champion Cardinals might have thrown away a chance to clinch a second straight World Series trip. Pitcher Lance Lynn's toss on a possible forceout deflected off the second-base bag, paving the way for the Giants' four-run fourth.

"I don't mind him being aggressive if he's got the play," manager Mike Matheny said. "(Shortstop Pete) Kozma was in the right place, he just made a low throw.

"And to do it over again, I'm sure he'd like to take the easy out at first base," he said.

Pablo Sandoval homered for the second straight night and Zito made an extremely rare offensive contribution with a perfectly executed bunt for an RBI single.

Giants defenders made several nice plays behind Zito, including a juggling catch in right by Hunter Pence and a spectacular sliding stop by second baseman Marco Scutaro to rob pinch hitter Shane Robinson on consecutive at-bats.

Once again this postseason, the Giants benefited from a big error.

Needing three straight wins at Cincinnati to avoid elimination in the division series, San Francisco began its comeback on a bobble by third baseman Scott Rolen in the 10th inning that gave the Giants the go-ahead run in Game 3.

The Giants improved to 4-2 on the road this postseason and have won Zito's last 13 starts, with the last setback on Aug. 2. They're averaging more than six runs a game during the streak, although the lefty didn't need much help in this one.

Lynn, an 18-game winner his first year in the rotation, failed to make it out of the fourth for the second time in the series.

The Cardinals are seeking consecutive pennants for the first time since 1967-68, and trying to advance for the second year in a row as a wild-card entry. One more win would set up a rematch of the 2006 World Series against the Tigers, which the Cardinals took in five games.

Lynn struck out five of the first 10 batters, sailing through the first three innings with no balls hit out of the infield. His undoing was a wild throw off the second-base bag attempting to get a forceout on a comebacker that paved the way for San Francisco's four-run fourth.

The Giants had runners on first and second with one out when Lynn gloved a tapper by Pence, wheeled and waited a bit while Kozma hustled to second. But Lynn threw a low dart off the bag with the ball bounding into shallow right field and Marco Scutaro scoring without a play from second.

Eighth-place hitter Brandon Crawford singled up the middle with the bases loaded on a full count with two outs as Lynn just missed with a kick save for two more runs. Zito, who has just 30 career hits in 310 at-bats in the regular season with no extra-base hits and nine RBIs, laid down a perfect bunt for a fourth run.

Lynn has allowed four runs both of his NLCS starts, although all four were unearned in Game 5.

Zito's only trouble came in the second when Yadier Molina and David Freese, both swinging on the first pitch, opened the inning with a single and double. Lynn, a career .056 hitter including the postseason, hit into a bases-loaded double play to end the threat.

Lynn was 3 for 50 with 1 RBI, 10 sacrifices and 36 strikeouts during the regular season, going hitless his last 42 at-bats.

NOTES: Standing room attendance for Game 5 was 47,075, a franchise best for league championship play, topping the previous best in Game 4 by 13. ... Actor Matthew Morrison sang the national anthem. ... Longtime Cardinals broadcaster Mike Shannon bounced a ceremonial first pitch from in front of the mound to Lou Brock, teammates on the last St. Louis team to go to consecutive World Series in 1967 and '68. ... Carlos Beltran has 10 career stolen bases in the postseason. ... Matt Carpenter, who subbed for Beltran in Games 3 and 4, is a career .529 hitter (9 for 17) against the Giants counting the postseason, with a homer and four RBIs. ... Cardinals rookie RHP Trevor Rosenthal struck out four in two scoreless innings. He has fanned 11 in 6 2-3 scoreless innings in the postseason while allowing just one hit.

Source: http://news.yahoo.com/zito-giants-beat-cards-close-nlcs-deficit-3-032053003--mlb.html

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Source: http://www.zsgod.com/2012/10/the-watches-jewelry-enterprise-team-recorded-natural-income/

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