neo-neocon ? Blog Archive ? Legal elites and the Obamacare case

Jonathan Adler asks the question: why did legal elites underestimate the case against the mandate?

You might want to give quick and flippant answers?such as, for instance, ?because they?re stupid and biased??but that really doesn?t tell us much. Legal elites may be biased (as is just about everyone), but they?re most definitely not stupid, at least not in the academic sense.

The answers Adler gives are much more interesting. His first point is that legal academics are often too far removed from the realities of actual practice; the ivory tower effect and all that. His second is that legal academics tend to on the left, which creates an unavoidable echo chamber effect that limits them. Related to this is the following, which I think is a brilliant insight:

As I?ve heard Paul Clement (among others) explain, you can?t effectively advocate your own position until you truly understand the other side. This can be difficult to do, particularly when we have strong feelings about a subject.

This not only applies to law but is equally true for almost everything, including how we conduct ourselves in our personal affairs.

Since my ?change? experience, I?ve been more and more convinced that many liberals do not try to understand conservatives, or to pay attention to the actual substance and weight of their arguments. Rather, they tend to dismiss them out of hand as biased and/or self-centered and/or cruel, without understanding the reasoning behind them. And although conservatives like to think they?re above doing the same in return, I think many conservatives fail to understand where liberals are coming from. I like to think (rightly or wrongly) that I understand both a bit better than most, because I?ve looked at liberals and conservatives from both sides now.

The differences between the philosophical underpinnings of conservatism and liberalism are things I?ve explored before, many times, as have so many others. But right now it will suffice to say that those differences have to do with big questions like the nature (bad? good? neutral?) and perfectibility of humankind, how best to achieve goals (through government or individual action), and the importance of liberty and what is the price we are willing to pay for it.

This entry was posted on Friday, March 30th, 2012 at 3:07 pm and is filed under Health care reform, Law, Liberals and conservatives. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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Trusts ? Perhaps Easier To Establish Than To ... - MS Estate Planning

[This] unusual clash highlights the risks for customers when financial companies get in trouble or change hands. That is so even in the lush world of trust banks, well known for their stability.

Trusts are amazing tools, but they also can be finicky things. Accordingly, when dealing with trusts and trustees, be mindful of what and with whom you are dealing.

A timely lesson in the intricacies and risks of trusts and trust management can be seen in the case of the Tompkins family and their suit against the Chevy Chase Bank. Recently, the Wall Street Journal reported on the matter in an article titled A Family Loses Its Faith in Trust.

As reported in the original article, the Tompkins family has a massive trust established from the family wealth of the old family construction business. Indeed, the construction company worked to build many of the Washington monuments, like the reflecting pools at the Lincoln Memorial, and the trust they established has a current valuation of around $100 million. Today, the trust resides with the Chevy Chase Bank, having been moved there seven years ago.

Now, however, the family, or some members of the family, desperately want to move the trust and can't. Why? A trust is a legal arrangement subject to myriad laws, not to mention the formative intentions of the original trust creator. In addition, when the trustee is a bank, then the trust is further subject to banker's rules and contracts. In this case, the Tompkins signed up with the utmost haste (as they escaped another former bank as trustee) and apparently they simply didn't pay attention to the fine print in the Chevy Chase Bank trustee contract.

According to the fine print, the trust can only be moved from the Chevy Chase Bank when all of the beneficiaries agree. This is nigh impossible in this case, especially given that there are 94 beneficiaries, each of whom must agree. In the meantime, the bank refuses to release the trust and its assets because, they argue (and rightly under the contract), the bank has a duty to all the beneficiaries.

One of the teaching points to take from this case is the importance of reading the fine print when appointing a trustee. That is a given. However, when a trust is intended to span multiple generations you really need to consider this issue of who (or what) will serve as the trustee. Competent counsel can help you navigate your options.

Reference: The Wall Street Journal (March 21, 2011) "A Family Loses Its Faith in Trust"

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Home Staging a Horror Show for the Unsuspecting Buyer | Phoenix ...

March 30th, 2012 Posted in Mortgage Info

by Willie Green

If you want to shape up your house and style it up a bit so that it becomes more tempting to prospective buyers, then you should know that this is exactly what home staging does. The aim of home staging is to appeal to most people by creating an impersonal yet welcoming atmosphere that will draw attention to the positive features of the house while moving attention away from the negative.

If you want to fail miserably at home staging and turn off prospective buyers very quickly, here?s what you should do:

Do no gardening for at least three or four weeks. You want buyers to be overcome with horror, not the joy of a well-kept, fairy-tale garden.

Don?t you dare mend anything that?s broken around the house - broken windows and doors falling off their hinges always give a house a horror movie look.

Cleaning should not be a word in your vocabulary these days. The dust on your furniture should be at least two inches high and when your buyers tread on your gray carpets, make sure to tell them they were white once. Dirty dishes in the kitchen sink are fabulous - buyers hate a dirty kitchen.

Keep every room as dull and dreary as possible. Leave lights and lamps off, close the drapes and leave the trees to block out the sun. This way the sale of your home will be as good as dead.

Pets are a wonderful client-inhibitor so make sure your house is overcrowded with them and their litter trays, and if you don?t have them, borrow from a pet-shelter.

Clean, hygienic bathrooms are for sissies, not for brave-hearts like you. So don?t you dare go near your bathtub or your toilet while holding a detergent in your hands!

Close all the windows the week before show day, and spend the week cooking pungent foods and smoking cigars. Oxygen masks are back in fashion.

Turn your house into a bug heaven. If there aren?t enough bugs in the house, then go on and get some. So don?t dust the corners, because you don?t want spiders to leave their habitat, and try to leave food on the floor as it?s the quickest way to attract roaches and ants - and rest assured that they?ll advertise and soon your house will be swarming with their relatives.

Bring on the freeze Tell them you can?t afford to turn the heat on! But if it?s hot as an oven outside, turn the thing full on and give your visitors a taste of hell.

Suffocate your visitors with your lovely presence. You need to keep a close watch on your visitors every second of their tour and while you keep them from nosing into your cupboards and cabinets, entertain them with an endless account of your spiteful neighbors and the beasts they keep as pets.

By doing all this, you can be sure that no sane person will ever want to buy your house. A lot of home staging boils down to common sense. Buyers are more likely to show interest in a home that is well-kept and neat as a pin, so try to make a point of avoiding any of the above if selling your home is indeed what you want.

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Coping with asthma leaves schools gasping | EdNews Parent ...

Castle Rock mom Heather Clark was so concerned that her 13-year-old daughter, Sami, would have an asthma attack at school and that no one would know what to do, she took to sneaking an inhaler into her daughter?s backpack, just in case. She calls it her ?don?t ask, don?t tell? policy.

She didn?t realize that there was no need to treat the inhaler as if it were contraband.

In fact, since 2005, Colorado law has given students with asthma the right to carry their inhalers with them, and to self-administer their asthma medication, as long as they have a care plan on file with the school.

Last year, the legislature amended that law to remove the requirement for the care plan. But students and their parents are required to sign a contract with the school stating that the student knows how to properly administer the medication. Douglas County schools have adopted a policy in line with state law.

?I didn?t know that, but I?m excited to know it now,? said Clark, who also had asthma as a child. But she?s pretty sure that stated policy and actual practice don?t always coincide.

?The school doesn?t allow it,? Clark said. ?I?ve gotten calls saying she couldn?t have it with her. I?m going to print out a copy of this law and make sure Sami has it in her backpack, along with her inhaler.?

Sami says she?s only had to sneak a puff on her inhaler a couple of times in the past two years, but she likes the security of knowing it?s there. ?At school, if you?re having a problem, you have to go down to the nurse?s office. Unfortunately, for me that?s a couple of staircases away. That?s kind of scary, to be honest.?

The law is one thing, reality something else

Sami?s situation illustrates a greater problem confronting Colorado students with asthma, their parents and their schools. The law is one thing. The realities confronting overworked doctors, spread-too-thin school nurses, perplexed school secretaries and anxious parents may be something else altogether.

?This is a topic that just needs more attention,? said Cindy Liverance, vice president of programs for the American Lung Association in Colorado. ?One out of four people in Colorado has asthma. It can be viewed as commonplace. But people can die from asthma. If you don?t access to your medications, or you don?t know how to use them properly, you can end up in the emergency room.?

While Colorado law empowers children to carry asthma medication with them, health educators are now pushing for every school to develop an asthma action plan for every affected student. That action plan would start with a long conversation between the student, their parents, and the school nurse or health care provider. The school should have a list of all medications the child is taking, what the child?s symptoms are, what medications should be used and when, and at what point emergency medical responders should be called.

ASTHMA FACTS

• A CDC study shows 34 million Americans (1 in 9) have been diagnosed with asthma at some point in their lifetimes.
• An estimated 22.9 million Americans ? including 427,000 Coloradans ? currently suffer from asthma.
• Asthma prevalence is highest among blacks (10.2 percent), followed by whites (7.6 percent), and Hispanics (6.8 percent), including Puerto Ricans (14.1 percent) and Mexican/Mexican-Americans (5.8 percent).
• Nearly a third of all children with asthma will miss three or more days of school this year.

?Does that happen every time for every child? Sometimes not,? acknowledges Kathy Patrick, assistant director of the Office of Health and Wellness for the Colorado Department of Education and a state school nurse consultant.

?I?m coming from the perspective of a school nurse,? Patrick said. ?When you have 4,000 or 5,000 students, how do you get to sit down with a student with asthma and make sure they know how to use their inhaler, make sure they know how to access help when needed? Nurses do what they can with the limited time they have available. But the nurse to student ratios, as they are, it?s unfortunate.?

Doctors, too, are often too busy to insure newly diagnosed young asthma patients get the education they need to stay out of trouble. The youngsters need to be made aware of things that will trigger their asthma, what to do if they start having trouble, and, above all, how to properly use their inhaler.

?If the doctor is well-versed in having these conversations, it takes five minutes tops,? said Eliza Lanman, senior director of programs for the American Lung Association in Colorado. ?But if they?re not used to doing it, these conversations can take longer, and they just don?t see it as a priority.?

As a result, she said, newly diagnosed children with asthma typically end up in the emergency room an average three times in the first year after their diagnosis, because they don?t know how to minimize an oncoming asthma attack.

Understanding proper use avoids devastating results

Sami Clark says she didn?t know how to properly use her asthma inhaler for the first two years she had it. ?Because I was never taught,? she said. ?I finally learned the right way to use it at asthma camp. I sat down with a nurse there, and it took me two days to learn it.?

This lack of education can also lead to situations such as an incident in January in Monument involving two middle school girls. One of the girls loaned her asthma inhaler to the other girl because she thought her friend was having an asthma attack. When school officials found out, both girls were suspended because school policy prohibits sharing of any prescription drug. The girl who borrowed the inhaler was eventually expelled.

?These two girls are a perfect example of why students need to be educated,? Liverance said. ?To think you can just hand an inhaler to a friend is wrong.?

Some Colorado school districts already have asthma policies in place and do a good job of making sure every student with asthma has a care plan on file in the office. Denver Public Schools, in particular, has partnered with National Jewish Hospital to provide asthma education across the district. Liverance cites Cherry Creek and Aurora as other model districts for asthma care.

But she can?t say how many districts have policies in place, let alone how many actually follow them.

?It?s hard to figure out,? she said. ?That?s something we?ve been working on since the bill went into effect last year. It?s in flux. The more districts we talk to, the more interested they are in implementing this. But it not only means more work for schools, it also means more work for doctors, more work for parents. It?s understanding that asthma isn?t something you can take lightly.?

Adopting and implementing asthma care policies isn?t something just limited to large districts. Jody Stroh, the school nurse in Creede, is a certified asthma educator. She?s traveled around southern Colorado training her peers in best practices when it comes to managing students with asthma.

?Our goal is to improve asthma literacy among all the school nurses in Colorado,? Stroh said. ?But I know that it will probably be a school secretary doing the education about asthma with a child, so we?ve designed a file system with all the different worksheets about what asthma is, what medications you?d use, how to exercise without triggering asthma.?

?A tremendous amount of thought has gone into making sure kids have their medicines available to them immediately,? she said. ?We find out who has asthma, who is carrying an inhaler, and those who?ve had any problems in the past year will get a care plan. If you have a child old enough to carry an inhaler, we have a document that we have them sign, and have their parents sign, that says they understand that they?re not to share that inhaler and that they?re must have it labeled.?

Popularity: 1% [?]

Tags: childhood asthma, Featured

Category: Healthy Schools, Healthy Schools: News, K-5, Middle School

Source: http://www.ednewsparent.org/healthy-schools/8736-coping-with-asthma-leaves-schools-gasping

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New CEO at IBM revives Augusta membership debate

FILE - In this April 10, 2003, file photo, Martha Burk, center, chair of the National Council of Women's Organizations, speaks to media in Atlanta while flanked by Martin Luther King III, right, and Kim Gandy, left, president of the National Organization of Women, as Burk discussed her next move in protesting the male-only membership policy of the Augusta National Golf Club. The appointment of a new chief executive at IBM has revived the debate over Augusta National's all-male membership just one week before the Masters. IBM hired Virginia Rometty as its CEO this year. The last four CEOs of IBM have been members of Augusta, but the club has never had a female member since it was founded in 1933. Burk says Augusta National and IBM now are in a bind. She says IBM could end up undermining its new CEO if it doesn't fight for her admittance. (AP Photo/Gregory Smith, File)

FILE - In this April 10, 2003, file photo, Martha Burk, center, chair of the National Council of Women's Organizations, speaks to media in Atlanta while flanked by Martin Luther King III, right, and Kim Gandy, left, president of the National Organization of Women, as Burk discussed her next move in protesting the male-only membership policy of the Augusta National Golf Club. The appointment of a new chief executive at IBM has revived the debate over Augusta National's all-male membership just one week before the Masters. IBM hired Virginia Rometty as its CEO this year. The last four CEOs of IBM have been members of Augusta, but the club has never had a female member since it was founded in 1933. Burk says Augusta National and IBM now are in a bind. She says IBM could end up undermining its new CEO if it doesn't fight for her admittance. (AP Photo/Gregory Smith, File)

FILE - In this Feb. 16, 2006 file photo, Virginia Rometty, at the time an IBM senior vice president, speaks in New York. The appointment of Rometty this year as chief executive at IBM has revived the debate over Augusta National's all-male membership just one week before the Masters. The last four CEOs of IBM have been members of Augusta, but the club has never had a female member since it was founded in 1933. Martha Burk led an unsuccessful campaign 10 years ago for Augusta to admit a female member. (AP Photo/Dima Gavrysh, File)

As a club that prides itself on tradition, Augusta National has unwittingly wound up in the middle of a membership debate it thought it was done with nearly a decade ago.

Just seven days before the Masters, no less.

The last four chief executives of IBM ? a longtime corporate sponsor of the Masters ? have been members of the exclusive golf club in Augusta, Ga. The latest CEO of the computer giant happens to be a woman. Virginia Rometty was appointed earlier this year.

One problem ? a woman has never worn a member's green jacket since Augusta National opened in 1933.

"I think they're both in a bind," Martha Burk said Thursday evening.

Burk spearheaded a campaign 10 years ago for the club to admit a female member, applying pressure on just about everyone connected with the club and with the Masters, the major championship that garners the highest TV ratings. She demanded that four companies drop their television sponsorship because of discrimination. She lobbied PGA Tour Commissioner Tim Finchem not to recognize the Masters as part of the tour schedule.

But it didn't work.

Hootie Johnson, chairman of the club back then, said Augusta might one day have a female member, but it would be on the club's timetable, and "not at the point of a bayonet." The protest fizzled in a parking lot down the street during the third round of the 2003 tournament.

Now it's back, and this time it has a face ? Rometty, a 31-year veteran of IBM who has been ranked among the "50 Most Powerful Women in Business" by Fortune magazine the last seven years. Rometty was No. 7 last year.

What's the next step?

Augusta National declined to comment, keeping with its policy of not discussing membership issues. IBM has not commented publicly, and did not return a phone call Thursday night.

"IBM is in a bigger bind than the club," Burk said. "The club trashed their image years ago. IBM is a corporation. They ought to care about the brand, and they ought to care about what people think. And if they're not careful, they might undermine their new CEO."

Augusta has a new chairman in Billy Payne, who ran the 1996 Olympics in Atlanta. When he replaced Johnson as chairman of the club and of the Masters tournament in 2006, he said there was "no specific timetable" for admitting women.

The question was raised at the 2007 and 2010 Masters. Both times, Payne said membership issues were private.

Rometty succeeds Sam Palmissano at IBM, which runs the Masters' website from the bottom floor of the media center. According to a list published by USA Today in 2002, the previous three CEOs also were members ? Louis Gertsner, John Akers and John Open.

As the corporate sponsors became the target, Johnson wound up doing away with TV sponsorship for two years at the Masters to keep the corporate partners ? IBM, Coca-Cola and Citigroup ? out of the fray.

Only IBM returned as a TV sponsor for the 2005 Masters. The others were SBC Communications and ExxonMobil.

Burk said it should not be that easy for IBM to hide if the debate gains momentum.

"What IBM needs to do is draw a line in the sand ? 'We're either going to pull our sponsorship and membership and any ancillary activities we support with the tournament, or the club is going to have to honor our CEO the way they have in the past,'" Burk said. "There's no papering over it. They just need to step up and do the right thing.

"They need to not pull that argument that they support the tournament and not the club," she said. "That does not fool anybody, and they could undermine their new CEO."

Burk said she would not be surprised if IBM pressured Rometty to say she doesn't want to be a member.

"Really, I don't think it's her responsibility," Burk said. "It's the board of directors. They need to take action here. They don't need to put that on her. They need to say, 'This is wrong. We thought the club was on the verge of making changes several years ago, and we regretfully end our sponsorship to maintain her credibility and the company brand.' "

The debate returns just in time for one of the most anticipated Masters in years. Tiger Woods finally returned to winning last week at Bay Hill and is considered one of the favorites, along with U.S. Open champion Rory McIlroy. Eight of the top 20 players in the world ranking have won heading into the first major of the year, a list that includes world No. 1 Luke Donald and Phil Mickelson.

Now comes a sensitive issue that dogged the tournament a decade ago, and might not go away easily.

Augusta National does not ban women. They can play the golf course, but no woman has worn an Augusta green jacket, a status symbol in business and golf. Rometty is said to play golf sparingly. Her greater passion is scuba diving.

She now becomes a central figure.

"We have a face, we have a resume, we have a title and we have a credible reason to do it that doesn't involve Martha Burk," Burk said.

Burk said she is no longer chair of the National Council of Women's Organizations. She had planned to step down until the first flap with the Masters began in the summer of 2002. Now, she said she runs the Corporate Accountability Project for the council, a project born from her battle with Augusta.

Associated Press

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Wellington Real Estate Agent Shane Ross Suspended | Stuff.co.nz

HANK SCHOUTEN

A Wellington real estate agent has had his licence suspended for three months for his handling of a deposit on a Lower Hutt commercial property.

Shane Ross received a $6164 property lease deposit into his personal bank account by mistake then failed to transfer the full amount into his agency's trust account as he should have, says the Real Estate Agents Disciplinary Tribunal.

Mr Ross pleaded guilty to wilfully contravening Real Estate Act rules.

The tribunal said the deposit was paid into Mr Ross' account two days after he had finished working for Pelorus Real Estate.

He emailed Malcolm Morris, his former boss at Pelorus, two days later saying that as his account was overdrawn, some of the deposit money had been "sucked up" and he deposited only $3789 in the Pelorus Trust account.

The $2383 he retained was the commission he believed he would have earned on the lease deal.

When interviewed by an investigator Mr Ross confirmed his account was only overdrawn by about $900 when the deposit was paid in and he could have paid more to Pelorus than he did.

Mr Morris told the tribunal that he was not planning to pay Mr Ross any share of the commission because Mr Ross owed the company about $20,000 for advances against future commissions.

The tribunal said Mr Ross must have known money paid into his account by mistake could not properly belong to him.

Its penalty included a deterrent element to emphasise the need for strict compliance with rules relating to the money received.

"Members of the public pay large amounts of money to real estate agents so that there must be absolute trust and integrity from the real estate industry."

The tribunal suspended Mr Ross for three months and ordered him to pay $2383 to Mr Morris and $1000 costs.

Commenting on the decision, Mr Morris said he was "flabbergasted with what he [Mr Ross] did".

Mr Ross, who has left the agency he joined after leaving Pelorus, would not comment.

- ? Fairfax NZ News

Source: http://www.stuff.co.nz/national/crime/6670097/Realtor-suspended-for-clipping-deposit

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How To Get The Most From Sales Training | Web Article Stacks

When operating an organization, it is very important have a staff of dedicated gross sales professionals. With so many alternative merchandise out there at present, it may be powerful to get ahead of the competition. To do so, you?ll not solely want a high quality product, however motivated gross sales personnel as well. While choosing a gross sales coaching program on your workers, it is vital that you simply take into account your targets for the way forward for your business. The next is a list of vital characteristics and qualities of a good training program:

1. Instills a Optimistic Angle

Your sales crew must method their job with enthusiasm. They must consider within the product they are selling. A coaching program that will encourage a optimistic angle is important to the success of your employees. It is necessary that your gross sales group understands that their success is the company?s success and vice versa.

2. Popularity

There?s a cause why the highest firms use the identical training programs. They work.

?You will, likely, have to spend more money for a reputable training program. Nonetheless, the outcomes will more than make up for further cost. Consider it as a necessary investment.

3.Expectations

Nearly all of the coaching your employees obtain can be forgotten after a brief interval of time. Therefore, you will need to conduct observe-up conferences in which the material they discovered during training is gone over. This may maintain the coaching contemporary in their thoughts and can assist them to use it to their everyday job. You have to set fairly high expectations on your sales staff and give them every part they should meet your company?s standards.

4. Proficient Quantity of Observe

To ensure that your gross sales team to incorporate their training into their job, they will need to become proficient at the ideas they?re taught. This will require practice. Most good training packages provide obligatory follow for its trainees by means of function-playing. This is a wonderful manner to your employees to make the most of their new abilities in actual life situations. As soon as the training program is full, by no means miss a possibility to debate how their coaching could be applied to their job. Speak about it at meetings, have a daily gathering earlier than your group will get to work, do whatever you?ll be able to to maintain them thinking about utilizing their training.

Crucial a part of training your staff is to maintain the training recent in their minds. Over time they are going to develop this coaching into skills they use on a every day basis. The skills they develop will lead to extra success for them and, thus, more success to your business.

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Source: http://www.webarticlestacks.com/businesses/sales/how-to-get-the-most-from-sales-training/

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Chisora to appeal boxing license withdrawal

LONDON (AP) ? A month after brawling with David Haye in a post-fight news conference, Dereck Chisora on Thursday appealed against the decision to strip him of his British boxing license.

The 28-year-old heavyweight was stripped of his license indefinitely following a 4-hour British Boxing Board of Control hearing on March 14.

"The grounds for the appeal are that we're not satisfied with the way the hearing went," Frank Warren, Chisora's promoter, told Britain's Press Association. "Dereck Chisora will present his side of events and then we'll see what happens."

After losing to Vitali Klitschko in Munich on Feb. 19, Chisora got into a brawl with former WBA champion Haye during the news conference. Before the bout, Chisora slapped Klitschko at the weigh-in and later in the ring spit water in the face of Klitschko's brother, Wladimir.

Chisora was questioned by Munich police after the scuffle with Haye.

The BBBC ruled that Chisora "is not a fit and proper person to hold a license." But Warren is disputing the findings of the hearing.

"A lot of stuff came out at the first hearing," Warren said. "For example we thought (BBBC Chairman) Charlie Giles was in charge but it turns out there was no steward from the BBBofC representing the British boxer's interests. Instead he was working for the WBC."

If Chisora gets his license back, Warren said he expects his fighter and Haye to meet again in the ring.

"I do see the fight happening. It's the proper forum for them to settle their differences," Warren said. "There's lot for them to fight about ? in a proper environment."

However, Haye is still to be questioned by German police regarding the brawl and likely to face several obstacles if he were to come out of retirement and apply for a boxing license.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/347875155d53465d95cec892aeb06419/Article_2012-03-29-BOX-Chisora-Appeal/id-8955fea59f7040eeb37d8c9ecf68efb9

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ACLU: FBI 'outreach' program spied on Muslims

Muslims gather to pray at the Omar al Farouk Mosque in November 2010 in Anaheim, Calif. In that Southern California community, tensions flared after an FBI informant, Craig Monteilh, infiltrated mosques to gather information.

By Kari Huus, msnbc.com

The FBI in San Francisco used a public relations program billed as "mosque outreach" to collect information on the religious views and practices of Muslims in Northern California and then shared the intelligence with other government agencies, according to FBI documents obtained by civil rights groups.

The heavily redacted documents, released after a Freedom of Information Act lawsuit, raise "grave constitutional concerns," said Hina Shamsi, director of the National Security Project of the American Civil Liberties Union.

"In San Francisco, we have found that community outreach was being run out of the FBI?s intelligence division and was part of a secret and systematic intelligence gathering program,? conducted without any apparent evidence of wrongdoing," said Shamsi. "The bureau?s documentation of religious leaders' and congregants' beliefs and practices violates the Privacy Act, which Congress passed to protect Americans? First Amendment rights."

---

The Privacy Act limits sharing of personal information among government agencies and the length of time it can be retained. In this case, the information shared included religious beliefs and affiliations, which the ACLU argues is entirely out of bounds.

The ACLU is calling for the Department of Justice?s inspector general to investigate alleged violations of the Privacy Act in the San Francisco Division and determine the scope of such activity nationwide.

The FBI San Francisco defended its agents' actions, saying the information "was collected within the scope of an authorized law enforcement activity."

The ACLU of Northern California filed the FOIA lawsuit with the Asian Law Caucus and the San Francisco Bay Guardian newspaper, leading to the release of the FBI documents on Tuesday.

Meant to foster trust
The documents indicate that FBI was keeping records of conversations and activities within mosques and other Muslim organizations from 2004 through 2008, information that was provided by employees engaged in the outreach programs.

The announced intention of the FBI outreach programs is to foster trust between law enforcers and members of the Muslim community so they can work together to fight crime and avert terrorism.

An earlier ACLU report on community outreach prompted FBI national headquarters to issue a release stating that its policy requires separate operations and databases for intelligence gathering and community outreach programs.

A large proportion of the information was labeled "positive intelligence," which indicates that the FBI intends to keep it in its intelligence database, the ACLU report explained.

Many documents were marked "secret,"?even though they appeared to include only mundane information. Some documents?were marked "disseminated outside," but did not specify the recipients.

Among the findings contained in the FBI documents:

• A 2005 FBI memorandum from a meeting with a congregant at Islamic Center of Santa Cruz, documented his name and religious affiliation and detailed?other worshipers' financial contributions to the center and community support for Islam.
• The subject of a sermon and congregants' discussions about a property purchase for a new mosque were gathered by FBI agents during five visits to Seaside Mosque in 2005.
• Documents based on four "outreach" meetings between FBI personnel and representatives of the South Bay Islamic Association note discussions about the Hajj pilgrimage and "Islam in general."
• Documents based on FBI contacts with representatives of the Bay Area Cultural Connections???formerly the Turkish Center Musalla???describe the group?s mission and activities, and the ethnicity of its members. A memo indicates the FBI searched for?the cell phone number of one participant in the meeting in?the LexisNexis records database and Department of Motor Vehicle records, obtaining detailed information about him, including his date of birth, Social Security number, address and home telephone number.

There is no indication that the subjects were informed that the information was being collected or shared with other law enforcement agencies, the ACLU said.

The FBI in San Francisco declined a request for an interview, but released a statement by Assistant Director Michael Kortan. In addition to stating that the information gathering?abided by laws and agency rules, it indicated that?it had adjusted its outreach program since the period covered by the documents.

"Since that time, the FBI has formalized its community relations program to emphasize a greater distinction between outreach and operational activities," Kortan said.

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Outreach to 'generate goodwill'
"FBI San Francisco dedicated a full-time, non-agent employee to community outreach efforts in the fall of 2007," said a second statement from Stephanie Douglas, FBI special agent in charge. "The community outreach program is designed to generate goodwill and foster relationships with a wide-range of groups in the communities we serve."

But documents still under analysis by the ACLU indicate FBI San Francisco continued to mingle outreach and intelligence gathering through 2011, according to Shimsa.

The documents?undermine trust for genuine outreach programs, said Farhana Khera, executive director of Muslim Advocates, a San Francisco-based nonprofit that makes policy recommendations to lawmakers and leaders.

"I think the recent documents further underscore how well-intentioned community leaders who talk with the FBI are instead the targets of this broad, intelligence-gathering effort," she said. "It?s easy to see then how that community leader who had a conversation with an FBI agent finds himself being harassed when traveling or crossing borders."

"These documents are illustrating the actual experiences of American Muslims that we have been hearing for a number of years now," she added. ?

The findings are the latest? from an ACLU examination of how?the FBI has conducted surveillance in the wake of 9-11 and a campaign to expose cases that they say threaten civil liberties.

In FBI documents obtained through other Freedom of Information lawsuits, the rights groups has highlighted systematic surveillance of Muslim student organizations and individuals and what it considers anti-Muslim bias in training materials being used by the FBI ?now the subject of internal FBI investigation, according to published reports.

'Count the mosques'
In a separate case, documents uncovered by The Associated Press?revealed that the New York Police Department conducted an extensive surveillance campaign?of the Muslim population there, keeping secret files on individuals, businesses, mosques?and organizations. Those findings have provoked outrage from many Muslim and civil rights groups, which have called on the Obama administration to intervene.

Greater FBI scrutiny of Muslim communities goes back to shortly after the 9/11 attacks, when then FBI Director Robert Mueller instructed field offices across the country to "count the mosques" and set up investigative goals accordingly, according to an article?by investigative reporter Michael Isikoff.

Rules governing FBI surveillance were relaxed in 2008 to give more leeway to FBI "assessments" ? a stage of surveillance that takes place before the opening of a formal investigation. These more lenient standards, critics say, allow information gathering on individuals without probable cause.

Rights groups are asking the Department of Justice to restore stricter rules on surveillance and to prohibit racial and religious profiling in all cases.

"What we need is for the FBI to go back to the standards set after the Hoover-era abuses.? guidelines put in place that required the FBI to engage in surveillance only if there?s evidence of wrongdoing," said Khera of Muslim Advocates.

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Source: http://usnews.msnbc.msn.com/_news/2012/03/29/10907668-aclu-fbi-mosque-outreach-program-used-to-spy-on-muslims

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French killer may have sent Al-Jazeera footage

PARIS (AP) ? Al-Jazeera has received video footage that appears to show the deadly attacks on soldiers and a Jewish school in southwestern France, including the cries of the victims and the voice of the perpetrator. French President Nicolas Sarkozy said it should not be broadcast.

The images were contained on a USB key sent with a letter to the Paris office of the Qatar-based television company, Zied Tarrouche, the station's Paris bureau chief, said Tuesday on the French TV station BFM. The letter, written in poor French with spelling and grammar errors, claimed the killings were carried out in the name of al-Qaida.

Police traced the attacks to Mohamed Merah, a 23-year-old Frenchman, who was killed last week after a more than 30-hour standoff with police at his apartment building. Merah had claimed to police that he had links to al-Qaida, traveled to Afghanistan and received weapons training in the militant-riddled Pakistani tribal region of Waziristan. But authorities have questioned some of Merah's claims.

Prosecutors have said that Merah filmed all of his attacks, which began March 11 with the murder of a French soldier. Before the spree ended, two more soldiers and three Jewish children and a rabbi were killed.

Tarrouche said the images appeared to have been taken from the point of view of the killer, perhaps from a camera hung around his neck. He said they were a bit shaky but of a high technical quality.

The video had clearly been manipulated after the fact, according to Tarrouche, with religious songs and recitations of Quranic verses laid over the footage.

"You can hear gunshots at the moment of the killings. You can hear the voice of this person who has committed these assassinations. You can hear also the cries of the victims, and the voices were distorted," Tarrouche said.

In an address to police officers and judges Tuesday, Sarkozy asked that the images not be broadcast.

"I ask the managers of all television stations that might have these images not to broadcast them in any circumstances, out of respect for the victims ? out of respect for the Republic," Sarkozy said.

There was no indication that other stations have the images.

Tarrouche said his station is currently deciding whether to broadcast the video. He said he had spoken with the Paris prosecutor, whose office is leading the investigation and who explained the consequences of disseminating the images. But Tarrouche said the prosecutor said he would not prohibit the channel from "doing its work as journalists."

"We are not a sensationalist channel. We're not looking to broadcast images without weighing the risks and the consequences. That's why the management will decide today after meeting at headquarters in Qatar," Tarrouche said.

He said investigators spent Monday interviewing employees at the Paris bureau about the video. It was not immediately clear when the footage was received or who had sent it.

Al-Jazeera was frequently used early in the Iraq and Afghan wars as a conduit for militants, including Osama bin Laden, to distribute taped statements. As the Iraq war progressed, many of these tapes included gruesome killings and beheadings of Western or foreign hostages, although the station edited out some of the grisliest scenes at the moment of death.

The broadcasts drew outrage, especially from the Bush administration. Over time, most militant groups opted instead for posting such videos on their own websites, where they were not subject to outside editing standards.

A lawyer for the families of the victims killed outside the Jewish school, Patrick Klugman, warned on Tuesday that there would be legal consequences for those who disseminate the footage.

"Clearly, we'll go after them wherever they are, whatever media," he said on BFM television.

Meanwhile, Merah's father, who was estranged from his son and lives in Algeria, has reportedly said he wants to file a complaint for Mohamed's death. In his address, Sarkozy expressed outrage at that idea.

"It's with indignation that I learned that the father of the assassin of seven people ? including three soldiers and three children ? wanted to file a lawsuit against France for the death of his son," Sarkozy said. "Do we need to remind this man that his son filmed his crimes and diabolically made sure to send these despicable images to a television station?"

Sarkozy has said Merah was not part of a terror cell, but investigators are looking into whether his brother, Abdelkader, was an accomplice, and whether anyone else might have been involved.

Preliminary charges for complicity in murder and terrorism have been filed against Abdelkader, though no evidence has emerged that he took part directly in the shooting.

___

Associated Press writer Jamey Keaten in Paris contributed to this story.

Source: http://news.yahoo.com/french-killer-may-sent-al-jazeera-footage-101039622.html

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Birth Control Pills Have Lasting Effects on Relationships

Head Lines | More Science See Inside

Using oral contraceptives may affect relationship satisfaction

By Janelle Weaver ?| March 27, 2012?|

Image: Ryan Lane/iStockphoto

Birth-control pills are known to affect women?s taste in men, at least in laboratory experiments. Now a study of real-world couples suggests that this pill-related preference change could have long-term consequences for a relationship?s quality and outcome.

In the lab, women using oral contraceptives show a weaker preference for masculine men?those with high testosterone levels and the corresponding physical hallmarks?than their non-pill-using counterparts. To investigate this issue in a real-world setting, psychologist S. Craig Roberts of the University of Stirling in Scotland and his collaborators gave online surveys to more than 2,500 women from various countries. According to the results, published online October 12 in the Proceedings of the Royal Society B: Biological Sciences, participants who used hormonal contraceptives while choosing their partner were less attracted to him and less sexually satisfied during their relationship than were individuals who did not use hormonal birth control. Pill users were happier with their mate?s financial support and other nonsexual aspects of the relationship, however, and they were less likely to separate.

This relationship stability might be caused by the bias of women on the pill toward low-testosterone men, who tend to be more faithful. Roberts suggests that women who met their mate while taking the pill might want to switch to nonhormonal contraceptives several months before getting married to test whether their feelings for their partner remain the same.

This article was published in print as "The Problem with the Pill."

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Obama gets personal over killing of black Florida teenager

WASHINGTON/SANFORD, Florida (Reuters) - President Barack Obama weighed into the controversial killing of a black teenager in Florida in very personal terms on Friday, comparing the boy to a son he doesn't have and calling for American "soul searching" over how the incident occurred.

Seventeen-year-old Trayvon Martin, dressed in a "hoodie" hooded sweatshirt, was shot dead a month ago in Sanford, Florida by a 28-year-old white Hispanic neighborhood watch volunteer who said he was acting in self-defense.

"If I had a son, he'd look like Trayvon," Obama said in his first comments about the shooting, acknowledging the racial element in the case.

"Obviously, this is a tragedy," Obama told reporters. "I can only imagine what these parents are going through.?And when I think about this boy, I think about my own kids."

The case has galvanized the nation and prompted rallies protesting the failure of police to arrest the shooter, George Zimmerman, and more broadly, a pattern of racial discrimination that black leaders cite in Sanford and elsewhere in the country.

Obama, the first black U.S. president, made his remarks at a White House event to announce his pick to lead the World Bank, waiting briefly after the announcement to take a reporter's question about the incident.

Martin's parents thanked the president for his words.

"The president's personal comments touched us deeply and made us wonder: If his son looked like Trayvon and wore a hoodie, would he be suspicious too?" they said in a statement.

Florida's "Stand Your Ground" law allows people to use deadly force in self-defense.

Similar laws are in effect in at least 24 states including Florida, according to the Brady Campaign to Prevent Gun Violence. Calls are mounting to repeal them. Earlier this week, a Florida state senator said he was drafting new legislation to drastically change the law in Florida.

A South Carolina state representative said on Friday he had introduced a bill to repeal his state's law.

RACIAL DIVIDES

Bakari Sellers, a black Democrat and gun owner, said he wanted to prevent an incident like the Trayvon Martin shooting happening in his state. "I'm six-five and a black guy," he said. "I just know that it could have been me."

Obama said the "Stand Your Ground" laws should be studied.

"I think all of us have to do some soul-searching to figure out how does something like this happen.?And that means that we examine the laws and the context for what happened, as well as the specifics of the incident," he said.

"Every parent in America should be able to understand why it is absolutely imperative that we investigate every aspect of this, and that everybody pulls together - federal, state and local - to figure out exactly how this tragedy happened."

Obama, the son of a white mother from Kansas and black father from Kenya, does not comment frequently on race, a sensitive topic in the United States, which still grapples with a legacy of slavery, segregation and discrimination.

Early in his White House tenure, Obama inflamed another racially tinged incident by declaring police had "acted stupidly" when arresting a well-known black documentary filmmaker, Henry Louis Gates, after an altercation at his home.

Obama later invited Gates and the white police officer, Sergeant James Crowley, to the White House, where the men shared a drink in what became known as the "beer summit."

In Sanford, Norton Bonaparte Jr., the city's manager, acknowledged tensions between the black community and police "go back many, many years." "The trust that existed is gone, so we have to start from ground zero," he said. Sanford's police chief and a Florida state prosecutor overseeing the case stepped aside on Thursday as criticism grew over police handling of the investigation.

The state's new special prosecutor, Angela Corey, arrived in Sanford after Gov. Rick Scott appointed her on Thursday night.

"We appreciate that an investigation was already done. We are going to review what was done. We are going to continue to investigate and then we'll proceed from there," Bernie de la Rionda, an assistant state attorney with Corey's team, told reporters outside the police department.

SUSPENSION, HISTORY

The U.S. Justice Department is also investigating. Senior officials from the department met with the Martin family in Florida on Thursday, along with their lawyer.

A Justice Department spokeswoman said early in the week that they must collect evidence to prove beyond a reasonable doubt that there was or was not intent to violate civil rights laws.

And a Florida college announced it had suspended Zimmerman's enrollment.

Zimmerman was working toward an associates degree in arts at Seminole State College in Sanford. He previously earned a vocational certificate in an insurance field, the school said. "Due to the highly charged and high-profile controversy involving this student, Seminole State has taken the unusual but necessary step this week to withdraw Mr. Zimmerman from enrollment," a statement dated Thursday said.

Zimmerman has not commented publicly about the shooting and his whereabouts are unknown. His father has said he is being unfairly vilified.

On Friday, Florida court records reviewed by Reuters showed Zimmerman was involved in at least two previous legal incidents, including a 2005 domestic violence case with his former fiancee.

Zimmerman, who at the time worked at an insurance agency, and his ex-fiance both sought restraining orders against each other after getting into a pushing match. In her complaint, Veronica Zuazo said the two had been involved in two physical fights in 2002 and 2003.

Zimmerman was also arrested and charged with resisting a law enforcement officer with violence in 2005. The case was eventually dropped after he completed a program to avoid being formally charged.

(Additional reporting by Barbara Liston, Jeremy Pelofsky, Deborah Charles, Samson Reiny, Kevin Gray, Harriet McLeod, Colleen Jenkins; editing by Mary Milliken and Todd Eastham)

Source: http://news.yahoo.com/obama-gets-personal-over-killing-black-florida-teenager-001542033.html

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Louisville in Final 4 with 72-68 win over Florida

Louisville head coach Rick Pitino reacts as his team plays Florida during the first half of an NCAA tournament West Regional final college basketball game, Saturday, March 24, 2012, in Phoenix. (AP Photo/Chris Carlson)

Louisville head coach Rick Pitino reacts as his team plays Florida during the first half of an NCAA tournament West Regional final college basketball game, Saturday, March 24, 2012, in Phoenix. (AP Photo/Chris Carlson)

Louisville's Peyton Siva (3) moves against Florida defenders Patric Young, second from right, and Erik Murphy during the first half of an NCAA tournament West Regional final college basketball game, Saturday, March 24, 2012, in Phoenix. (AP Photo/Matt York)

Florida's Patric Young, center, celebrates a dunk as Louisville's Gorgui Dieng (10), Peyton Siva (3) and Jared Swopshire, right, watch during the first half of an NCAA tournament West Regional final college basketball game, Saturday, March 24, 2012, in Phoenix. (AP Photo/Chris Carlson)

Louisville's Peyton Siva (3) passes to teammate Gorgui Dieng, right, as Florida's Erik Murphy, left, watches during the first half of an NCAA tournament West Regional final college basketball game, Saturday, March 24, 2012, in Phoenix. (AP Photo/Matt York)

Florida head coach Billy Donovan reacts during the first half of an NCAA tournament West Regional final college basketball game against Louisville, Saturday, March 24, 2012, in Phoenix. (AP Photo/Matt York)

PHOENIX (AP) ? Once upon a time, Billy Donovan took Rick Pitino on an improbable ride to the Final Four.

Twenty-five years later, Pitino is heading back after another unbelievable run ? one capped with an amazing late-game rally that left his old protege wondering what the heck happened.

Freshman forward Chane Behanan made the go-ahead basket with 1:06 left Saturday and Pitino's fourth-seeded Louisville Cardinals outscored Florida by 15 points over the final 10 minutes for a 72-68 victory in the West Regional final.

And all Pitino could think afterward was, "Hate to do that to ya, kid."

"Tonight, it was very difficult because of the way the game ended, because they outplayed us for 32 minutes," Pitino said. "And it really hurt inside. As much as I felt like celebrating, it really hurt because he did such a masterful job of coaching."

Russ Smith, who finished with 19 points, followed Behanan's bucket with a pair of free throws and then Florida freshman Bradley Beal and teammate Kenny Boynton each missed chances to tie in the final seconds.

Louisville made one more free throw to seal the game and reach its ninth Final Four, the second under Pitino, despite playing the final 3:58 without point guard Peyton Siva, who fouled out.

Seventh-seeded Florida (26-11) went out in the regional final for the second straight year, with Donovan falling to 0-7 lifetime against the man who coached him on that Final Four team at Providence in 1987, hired him as an assistant at Kentucky a few years later and felt as proud as a papa when he watched Donovan win his two national titles in 2006 and 2007.

"I said this earlier, for myself, I don't think any of us like losing," Donovan said. "But if someone said to me, 'You have to lose a game, who would it be to?' I would say him."

Louisville will take an eight-game winning streak on its trip New Orleans. Awaiting is a possible matchup with Pitino's old school, Kentucky, which will have to get by Baylor on Sunday to set up a grudge match to end them all.

"We think they're excellent. We think they're great. I coached there. It's great. Great tradition," Pitino said. "But we want to be Louisville. We have a different mission. They have a different mission. But we both want to get to a Final Four and win a championship."

This game had a much more warm-and-fuzzy story line than that possible Bluegrass State matchup ? a meeting between two men who say theirs is more of a father-son relationship than anything else.

But make no mistake. This was no heartwarmer.

Donovan got under Pitino's skin early in the second half during a timeout when he worked over the officials, who promptly called a foul against the Cardinals (30-9) when play resumed.

"He called that," Pitino shouted to the ref. "Why don't you just give him a whistle?"

Pitino couldn't get a break for a while after that and when Siva picked up his fourth foul, the coach stomped onto the court and got hit with a technical. Erving Walker made four straight free throws and the Gators led by 11, setting the stage for what could've been Donovan's fourth trip to the Final Four.

But the team that went 8 for 11 from 3-point range in the first half went cold ? really cold ? not hitting any of nine attempts from beyond the arc in the second.

The Gators missed six shots and committed one turnover over the last 2:30. They didn't score after Boynton's layup gave them a 68-66 lead with 2:39 left. They finished with 14 turnovers to six for Louisville ? probably the difference in a game in which they still outshot Louisville 50 percent to 45.

"What happens is, you can't lose confidence," Pitino said. "I kept telling our guys we're going to the Final Four. Win the Big East tournament, we're going to the Final Four. And they did."

They did it with a team pretty much void of stars.

But the game's best freshman on this day wasn't Beal, but rather Behanan, who was far less heralded than the Florida star coming out of high school, but outplayed him down the stretch when the trip to New Orleans was on the line.

The freshman from Cincinnati scored 13 of his 17 points in the second half, including nine over the last 8:02 and Louisville's last two field goals ? both after Siva had fouled out with nine points and eight assists.

Beal, meanwhile, matched Erik Murphy with a team-high 14 points and controlled this game for the first 37 minutes.

But over the last 3, he tried twice to take the ball to the hoop, only to get denied by 6-foot-10 center Gorgui Dieng. Beal missed the desperation 3 in the waning seconds and also got called for traveling after stealing a wild pass from Smith while Louisville was nursing a one-point lead with 18 seconds left.

The Gators came into the tournament losing four of five but won their first two games in the NCAAs by an average of 30. They looked as though they'd be playing in the Superdome next weekend, but then they fell apart.

"It was a tough journey for us. I think we stuck with it and we played together as a team," Beal said. "We got this far. I'm real proud of our guys. It's just unfortunate we ended up losing today."

In the first half, Donovan looked like the better coach, though anyone would look good when his team is shooting that way. The Gators went 8 for 11 from 3, 6 for 10 from inside the arc and constantly harassed Louisville en route to a 41-33 lead.

But Pitino didn't become the first coach to take three programs to the Final Four for nothing. He scrapped the zone defense, had his players get up in the face of the Gators and it worked ? though the Cardinals paid the price in foul trouble.

Behanan and Kyle Kuric each finished the game with four fouls. When Siva got his fourth and Pitino got his 'T,' the coach tried to settle things down, stepping up to Siva and saying, "It was a foul. Stop saying it wasn't."

Whether he believed it or not, who knows?

As for whether he thought a comeback was possible, especially playing the final 4 minutes without Siva on the floor? Well, Pitino did say in the lead-up to this game that the 1987 trip to the Final Four made him believe anything's possible.

This is his first trip back since 2005, when Louisville also played a clunker of a first half against West Virginia ? but rallied for an improbable win.

This one had a different feel at the end, because this one was between family.

The coaches shared a quick hug at center court after the final buzzer.

"I said, 'Billy, I feel bad. I feel terrible, man,'" Pitino said. "He said, 'Are you kidding me, Coach? I am so happy for you.' That just doesn't happen in this world."

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2012-03-24-NCAA-Florida-Louisville/id-1fec1d0e221844f1b83d70bfd1d176db

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BofA's renter plan may boost its bottom line

By John W. Schoen, Senior Producer

What do you do if you own more foreclosed homes than you know what to do with ?and there are more on the way?

In Bank of America's case, you might want to become a landlord.

The San Francisco-based lender said Thursday it's going to try out the idea of offering homeowners the chance to stay on as renters?as an alternative to seizing their properties in foreclosure. The plan would let those families stay on for as long three years.

''Our priority is designing a solution that helps our customer,'' said Ron Sturzenegger, Legacy Asset Servicing executive at?Bank of America in a statement. ''If this evolves from a pilot into a more broadly based program, we also see potential benefits from helping to stabilize housing prices in the surrounding community and curtail neighborhood blight by keeping a portion of distressed properties off the market.''

Converting families into rent-paying tenants after Bank of America seizes their homes would also help boost Bank of America's bottom line, in several ways.

Many of the homes Bank of America takes back sit empty and require upkeep until a buyer can be found, often at a fire sale price. Renting those homes back to their former owners would?also provide Bank of America with a new source of revenue and give the bank more time to find investors to buy the property, helping to avoid slashing the sale price as it works to clear a glut of unsold properties.

Bank of America stock, which was near $5 late last year, was up 2 percent Friday to $9.82.

The pilot program initially will be offered in New York, Nevada and Arizona to about 1,000 homeowners about to lose their properties after they agree to hand over the title to Bank of America. Rents, which bank officials say would be less than the former homeowners' monthly mortgage payment, would be set at market rates, based on independent estimates, according to a bank spokeswoman.

Homeowners won't be able to apply for the foreclosure-to-rent program; Bank of America said it will chose the initial round of potential participants and has already begun contacting some of them to make the offer.

Sitting on the housing market sidelines? Tell us your story

Bank of America will now offer customers facing foreclosure the option to rent their home, for less money than the mortgage. CNBC's Diana Olick talks about the program, which will be tested in New York, Nevada and Arizona.

The list of potential renters will likely be relatively short. Even if the pilot program is expanded, only about 10 percent of homeowners whose mortgages are owned directly by Bank of America would be eligible. Not included are the roughly 60 percent of Bank of America's loan portfolio held by Fannie Mae or Freddie Mac, the two big government-controlled mortgage companies. Families with mortgages that were sold off to investors or who have home equity loans would also not be included.

Because borrowers voluntarily agree to sign over their title, the program could also help Bank of America avoid any potential legal hurdles in cases where shoddy paperwork makes it difficult for the lender to prove it owns a mortgage and has a right to foreclose. ?In some states, increased scrutiny of those documents have slowed the pace of foreclosures. Nationwide, lenders completed some 860,000 foreclosures last year, down from 1.1 million in 2010, according to CoreLogic.

Even with the slowdown, mortgage lenders like Bank of America have accumulated a huge backlog of unsold houses. Five years into the worst housing collapse since the Great Depression, that inventory of seized properties continues to weigh on the housing market and on the price of every house Bank of America tries to sell.

Last month, one in five homes sold in the U.S. were foreclosures, according to the National Association of Realtors. Another 15 percent were "short sales" - in which lenders like Bank of America agree to let a homeowner facing foreclosure sell the house for less than they owe.

The foreclosure pipeline, meanwhile, continues to fill, pushing more distressed properties on the market. Last month, the total supply of unsold homes for sale rose 4.3 percent to 2.4 million, or about a 6.4-month supply, according to the NAR. ?Housing economists figure supply and demand are roughly in balance with that much inventory.

But there are another 1.6 million homes in the foreclosure pipeline that have yet hit the market, according to CoreLogic, which tracks this so-called "shadow inventory."

"Almost half of the shadow inventory is not yet in the foreclosure process," said Mark Fleming, chief economist for CoreLogic. in a statement "Shadow inventory also remains concentrated in states impacted by sharp price declines and states with long foreclosure timelines."

Some 800,000 homes are owned by families that are more than three months behind in their payments, another ?410,000 are in some stage of foreclosure and 400,000 have already been seized by banks but not yet listed for sale. Fannie Mae plans to auction off 2,500 foreclosed homes next month and expand those sales later this year.

The impact of those yet-to-be listed houses will be felt most severely in just a handful of states where foreclosure are most concentrated:? Florida, California and Illinois account for more than a third of the shadow inventory, according to CoreLogic data. The top six states, which also include New York, Texas and New Jersey, account for half of the shadow inventory.

?

Source: http://economywatch.msnbc.msn.com/_news/2012/03/23/10829814-bank-of-america-renter-program-could-help-its-bottom-line

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