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Supreme Court Justice Ruth Bader Ginsburg Hospitalized After Infection

Supreme Court Justice Ruth Bader Ginsburg poses for the official photo at the Supreme Court in Washington, D.C. in 2018.; Credit: Mandel Ngan/AFP via Getty Images

Nina Totenberg | NPR

Supreme Court Justice Ruth Bader Ginsburg underwent non-surgical treatment Tuesday for a benign gallbladder condition, according to a press release from the Supreme Court. She plans to participate in oral arguments from the hospital on Wednesday, according to the release.

In pain on Monday, Ginsburg went to Sibley Memorial Hospital in Washington after hearing the first-ever Supreme Court teleconference of oral arguments. At Sibley, she was diagnosed with acute cholecystitis, a condition in which a gallstone migrates to the cystic duct. She nonetheless participated in arguments from home on Tuesday, but was in enough pain that she went to Johns Hopkins Hospital in Baltimore for treatment of the infected duct later Tuesday.

Doctors not involved in Ginsburg's care said non-surgical treatment typically involves antibiotics and insertion of a tube to drain the infected duct.

Friends said the justice was in good spirits on Tuesday night, and watching the Metropolitan Opera on her iPad.

Ginsburg's emergency treatment coincides with the U.S. Supreme Court's historic live-streaming of its oral arguments in which the justices are participating by telephone because of the coronavirus. According to the court statement, Ginsburg, 87, is "resting comfortably" and plans to participate in oral arguments again on Wednesday when the court considers an important birth control case.

She is expected to remain in the hospital for another day or two.

Last year, Ginsburg completed three weeks of radiation treatment after a cancerous tumor was discovered on her pancreas. It was the fourth time in 20 years that she had been treated for cancer, and the second time in a year. In December 2019, she was operated on for lung cancer.

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Hospital ICUs Are Adapting To COVID-19 At 'Light Speed'

Physical and occupational therapists carry bags of personal protective equipment on their way to the room of a COVID-19 patient in a Stamford Hospital intensive care unit in Stamford, Conn., on April 24. This "prone team" turns over COVID-19 to help them breathe.; Credit: John Moore/Getty Images

Jon Hamilton | NPR

Intensive care teams inside hospitals are rapidly altering the way they care for patients with COVID-19.

The changes range from new protective gear to new treatment protocols aimed at preventing deadly blood clots.

"Things are moving so fast within this pandemic, it's hard to keep up" says Dr. Angela Hewlett, an infectious diseases physician at University of Nebraska Medical Center in Omaha and medical director of the Nebraska Biocontainment Unit. To stay current, she says, ICUs are updating their practices "on an hourly basis."

"We are learning at light speed about the disease," says Dr. Craig Coopersmith , interim director of the critical care center at Emory University. "Things that previously might have taken us years to learn, we're learning in a week or two. Things that might have taken us a month to learn beforehand, we're learning in a day or two."

The most obvious changes involve measures to protect ICU doctors, nurses and staff from the virus.

"There is a true and real probability of infection," says Dr. Tiffany Osborn a critical care specialist at Washington University School of Medicine and Barnes-Jewish Hospital in St. Louis. "You have to think about everything you touch as if it burned."

So ICUs are adapting measures used at special biocontainment units like the one at the University of Nebraska. These units were designed to care for patients affected by bioterrorism or infected with particularly hazardous communicable diseases like SARS and Ebola.

The Nebraska biocontainment unit "received several patients early on in the pandemic who were medically evacuated from the Diamond Princess cruise ship," Hewlett says. But it didn't have enough beds for the large numbers of local patients who began arriving at the University of Nebraska Medical Center.

So the nurses, respiratory therapists and physicians from the biocontainment team have "fanned out and are now working within those COVID units to make sure that all of our principles and protocols are followed there as well," Hewlett says.

Those protocols involve measures like monitoring ICU staff when they remove their protective gear to make sure the virus isn't transmitted, and placing infected patients in negative pressure rooms, which draw air inward, when possible to prevent the virus from escaping.

One of the riskiest ICU procedures is inserting a breathing tube in a COVID-19 patient's airway, which creates a direct path for virus to escape from a patient's lungs. "If you're intubating a patient, that's a much higher risk than, say, going in and doing routine patient care," Hewlett says.

So ICU teams are being advised to add several layers of protection beyond a surgical mask.

Extra personal protective equipment may include an N95 respirator, goggles, a full face shield, a head hood, an impermeable isolation gown and double gloves.

In many ICUs, teams are also placing a clear plastic box or sheet over the patient's head and upper body before inserting the tube. And as a final safety measure, the doctor may guide the tube using a video camera rather than looking directly down a patient's airway.

"It usually takes 30 minutes or so in order to get all of that equipment together, to get all of the right people there," says Dr. Kira Newman, a senior resident physician at UW Medical Center in Seattle. "and that would be a particularly fast intubation."

But most changes in the ICU are in response to an ongoing flood of new information about how COVID-19 affects the body.

There's a growing understanding, for example, that the infection can cause dangerous blood clots to form in many severely ill patients. These clots can kill if they block arteries supplying the lungs or brain. But they also can prevent blood from reaching the kidneys or even a patient's arms and legs.

Clots are a known risk for all ICU patients, Cooperman says, but the frequency and severity appears much greater with COVID-19. "So we're starting them on a higher level of medicine to prevent blood clots and if somebody actually develops blood clots, we have a plan B and a plan C and a plan D," he says.

ICU teams are also recalibrating their approach to ensuring that patients are getting enough oxygen. Early in the pandemic, the idea was to put patients on mechanical ventilator quickly to make sure their oxygen levels didn't fall too far.

But with experience, doctors have found that mechanical ventilators don't seem to work as well for COVID patients as they do for patients with other lung problems. They've also learned that that many COVID-19 patients remain lucid and relatively comfortable even when the oxygen levels in their blood are extremely low.

So many specialists are now recommending alternatives to mechanical ventilation, even for some of the sickest patients. "We're really trying now to not intubate," Osborn says.

Instead, ICU teams are relying on devices that deliver oxygen through the nasal passages, or through a mask that fits tightly over the face. And there's renewed interest in an old technique to help patients breathe. It's called proning.

"Instead of them being on their back, we're turning them on their front," Osborn says. The reason, she says is to open up a part of the lung that is collapsed when a patient is on their back.

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U.K. Surpasses Italy In Recorded Coronavirus Deaths, Now Leads Europe In Fatalities

Coronavirus deaths in the U.K. have passed those in Italy. Workers in the intensive care unit at the Royal Papworth Hospital in Cambridge are shown gearing up to care for COVID-19 patients.; Credit: Neil Hall/AP

Hannah Hagemann | NPR

Over 32,000 people have died from the new coronavirus in the United Kingdom, according to the Office for National Statistics, marking the first time in the pandemic that it has led Europe in the number of deaths.

The country has surpassed Italy in COVID-19 deaths. The U.S. still leads the world in the highest number of coronavirus deaths; over 70,270 had died from the disease as of Tuesday.

The number of total deaths recorded in the U.K. is "higher than we would wish, I think is all I can say," Angela McLean, chief scientific adviser of Ministry of Defence said during the country's press briefing Tuesday.

McLean also emphasized that deaths in U.K. care homes have been steadily rising and said the trend was something the country "need[s] to get to grips with."

"I don't think we'll get a real verdict on how well countries have done until the pandemic is over," British Foreign Secretary Dominic Raab said Tuesday. "And particularly until we have comprehensive international data on all causes of mortality."

Since different countries collect and report coronavirus data using different methods, the comparisons between regions are not perfect. As more time passes and more tests are conducted and more data comes in, coronavirus death rates will become more precise.

The peak in deaths comes as other European countries, including Italy and Spain, are easing shelter-in-place restrictions, while U.K. Prime Minister Boris Johnson is expected to modify Britain's orders in the next week.

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Nursing Home Association Asks For $10 Billion In Federal Coronavirus Relief Funds

Two workers approach the entrance to Life Care Center in Kirkland, Wash., on March 13. An association that represents nursing homes is asking for billions of dollars in federal relief funds to cope with the coronavirus crisis.; Credit: Ted S. Warren/AP

Ina Jaffe | NPR

With more than 11,000 resident deaths, nursing homes have become the epicenter of the COVID-19 crisis. Now, they're asking the federal government for help — $10 billion worth of help.

The American Health Care Association, the trade organization for most nursing homes, called the impact on long-term care facilities "devastating." In a letter sent this week to the Federal Emergency Management Agency and Health and Human Services Secretary Alex Azar, they ask for the federal government to designate relief funding from the CARES Act for nursing homes the way it has for hospitals.

The money would be used for personal protective equipment, salaries for expanded staff, and hazard pay. In addition, some of the funds would make up lost revenue for nursing homes that have been unable to admit new residents because of the outbreak.

The AHCA also wants nursing homes to have more access to testing and some members of Congress want that too. This week, 87 members of the House of Representatives sent their own letter to Azar, as well as to Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, which regulates nursing homes. The letter asks those agencies to direct states — which have received billions of dollars for increased testing — to give priority to long-term care facilities.

The letter also notes that nursing homes are now required to report their numbers of COVID-19 infections and deaths to the Centers for Disease Control and Prevention, but that they can't meaningfully do this unless they can test everyone in the facility.

Democrats in both the House and the Senate have also introduced legislation intended to make things safer for both nursing home staff and residents. The bill would require nursing homes to take a range of actions, from providing better infection prevention, to supplying sufficient protective gear, to protecting a resident's right to return to the nursing home after they've been treated for COVID-19 at a hospital.

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Mystery Inflammatory Syndrome In Kids And Teens Likely Linked To COVID-19

The serious inflammatory syndrome sending some children and teens to the hospital remains extremely uncommon, doctors say. But if your child spikes a high, persistent fever, and has severe abdominal pain and vomiting that doesn't make them feel better, call your doctor as a precaution.; Credit: Sally Anscombe/Getty Images

Maria Godoy | NPR

Sixty-four children and teens in New York State are suspected of having a mysterious inflammatory syndrome that is believed to be linked to COVID-19, the New York Department of Health said in an alert issued Wednesday. A growing number of similar cases — including at least one death — have been reported in other parts of the U.S. and Europe, though the phenomenon is still not well-understood.

Pediatricians say parents should not panic; the condition remains extremely rare. But researchers also are taking a close look at this emerging syndrome, and say parents should be on the lookout for symptoms in their kids that might warrant a quick call to the doctor — a persistent high fever over several days and significant abdominal pains with repeated vomiting, after which the child does not feel better.

"If [the child is] looking particularly ill, you should definitely call the doctor," says Dr. Sean O'Leary, a pediatric infectious disease specialist at Children's Hospital Colorado Anschutz Medical Campus and member of the infectious disease committee for the American Academy of Pediatrics.

The new condition associated with COVID-19 is called Pediatric Multi-System Inflammatory Syndrome. Symptoms include persistent fever, extreme inflammation, and evidence of one or more organs that are not functioning properly, says cardiologist Jane Newburger, a professor of pediatrics at Harvard Medical School and director of the Kawasaki Program at Boston Children's Hospital.

"It's still very rare, but there's been a wave of cases. Physicians and scientists are working hard to understanding the mechanisms at play, and why only some children are so severely affected," Newburger says.

Some symptoms can resemble features of Kawasaki Disease Shock Syndrome. Kawasaki Disease is an acute illness in children involving fever, together with symptoms of rash, conjunctivitis, redness in the lips, tongue and mucous membranes of the mouth and throat, swollen hands and/or feet, and sometimes a large group of lymph nodes on one side of the neck, says Newburger. Some children with the condition develop enlargement of the coronary arteries and aneurysms in those blood vessels.

A small percentage of Kawasaki cases go on to develop symptoms of shock – which can include a steep drop in systolic blood pressure and difficulty with sufficient blood supply to the body's organs. Kawasaki disease and KDSS more often affect young children, although they can sometimes affect teens, Newburger says.

Some cases of the new inflammatory syndrome have features that overlap with KD or with KDSS — including rash, conjunctivitis, and swollen hands or feet. The new inflammatory syndrome can affect not only young children but also older children and teens.

But patients with the new syndrome have lab results that look very different, in particular, "cardiac inflammation to a greater degree than we typically see in Kawasaki shock syndrome," which is usually very rare, O'Leary says. In New York City and London, which have seen large numbers of cases of COVID-19 cases, "those types of patients are being seen with greater frequency."

Some patients "come in very, very sick," with low blood pressure and high fever, O'Leary says. Some children have had coronary artery aneurysms, though most have not, he adds.

Other patients exhibit symptoms more similar to toxic shock syndrome, with abdominal pain, vomiting and diarrhea and high levels of inflammation in the body, as well as the heart, O'Leary says. Most cases are treated in the intensive care unit, he says. Treatment includes intravenous immunoglobulin, which can "calm the immune system," says Newburger, as well as steroids and cytokine blockers.

The evidence so far from Europe, where reports of the syndrome first emerged, suggests most children will recover with proper supportive care, says O'Leary, though one adolescent, a 14-year-old boy in London, has died, according to a report published Wednesday in The Lancet.

Most children with the syndrome, O'Leary and Newburger note, have either tested positive for a current infection with the coronavirus, or for antibodies to the virus, which would suggest they were infected earlier and recovered from it.

And, according to case reports, some of the kids with the inflammatory syndrome who tested negative on coronavirus tests had been exposed at some point to someone known to have COVID-19. The inflammatory syndrome can appear days to weeks after COVID-19 illness, doctors say, suggesting the syndrome arises out of the immune system's response to the virus.

"One theory is that as one begins to make antibodies to SARS-COV-2, the antibody itself may be provoking an immune response," says Newburger. "This is only happening in susceptible individuals whose immune systems are built in a particular way. It doesn't happen in everybody. It's still a really uncommon event in children."

In late April, the U.K.'s National Health Service issued an alert to pediatricians about the syndrome. Reports have also surfaced in France, Spain and Italy, and probably number in the dozens globally, Newburger and O'Leary say, though doctors still don't have hard numbers. Newburger says there needs to be a registry where doctors can report cases "so we can begin to generate some statistics."

"Doctors across countries are talking to each other, but we need for there to be some structure and some science so that everybody can interpret," she says.

Earlier this week, the New York City Health Department issued an alert saying 15 children ranging in age from 2 to 15 had been hospitalized with the syndrome. Newburger says that she's been contacted about cases in New Jersey and Philadelphia, as well.

While the syndrome's precise connection to the coronavirus isn't yet clear, O'Leary says the fact that the children in most of these cases are testing positive for exposure to the virus, one way or another, provides one point of evidence. The sheer number of cases — small in absolute terms, but still "much higher than we would expect normally for things like severe Kawasaki or toxic shock syndrome" — provides another, he says.

And then there's the fact that most reports of the syndrome have come out of the U.K. and New York City, places that have been hit with large numbers of COVID-19 cases.

"It's pure speculation at this point," he says, "but the U.K. cluster kind of went up about a month after their COVID-19 infections went up, which would suggest that it is some kind of an immune phenomenon."

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White House Rejected 'Overly Prescriptive' CDC Guidance For Reopening Communities

President Trump has said he wants to see the country begin to reopen. The pandemic crashed the economy by keeping people at home, leading to millions of job losses.; Credit: Pool/Getty Images

Franco Ordoñez and Alana Wise | NPR

The White House coronavirus task force rejected detailed guidance drafted by the Centers for Disease Control and Prevention on how workplaces ranging from schools to bars to churches should resume operations to prevent the spread of the virus because it was viewed as "overly prescriptive."

President Trump has said he wants to see the country begin to reopen. The pandemic crashed the economy by keeping people at home, leading to millions of job losses. The White House task force issued guidelines on how to gradually and safely reopen but left decisions up to governors based on conditions in their states.

Experts have warned that a rush to reopen could have disastrous implications for containing COVID-19. Many businesses have said they want more details about how to do things safely.

The draft detailed guidance was provided to the task force in late April, a couple of weeks after it released its April 16 guidance to states for reopening.

The task force sought "certain revisions" to the CDC's detailed guidance, two administration officials told NPR. But revised recommendations were never returned to the task force.

The Associated Press first reported on the task force decision to shelve the detailed guidance. Copies obtained and published by the AP, The New York Times and The Washington Post revealed detailed, staged directions for child care centers, schools, camps, restaurants and bars, churches and mass transit providers about how to safely resume operations.

"I think many people would argue that it is not the role of the federal government to tell specific entities — whether they be schools or churches or businesses — how they should go about doing things because the nation is so diverse," one of the administration officials said.

The task force said that some of the points may be helpful, but they needed to "zoom out a little bit and not be so prescriptive," according to the official. The task force said they would welcome a new set of recommendations, but that never happened, the official said.

"Issuing overly specific instructions — that CDC leadership never cleared — for how various types of businesses open up would be overly prescriptive and broad for the various circumstances states are experiencing throughout the country," the second administration official said. "Guidance in rural Tennessee shouldn't be the same guidance for urban New York City."

The United States last month reached 1 million known coronavirus cases, representing one-third of all coronavirus cases worldwide. Nearly 74,000 Americans have been felled by the disease as of Thursday, according to data compiled by the Johns Hopkins Coronavirus Resource Center.

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Reopening After COVID: The 3 Phases Recommended By The White House

A woman wearing a mask walks past closed store fronts in the Astoria neighborhood of Queens on April 15 in New York City. States are beginning to implement phased reopening plans, in part to help businesses hit hard by the coronavirus.; Credit: Johannes Eisele/AFP via Getty Images

Alana Wise | NPR

President Trump wants states to begin relaxing stay-at-home orders and reopen businesses after the spread of the coronavirus pummeled the global economy and killed millions of jobs.

The White House coronavirus task force released guidelines on April 16 to encourage state governors to adopt a phased approach to lifting restrictions across the country. Some states have moved ahead without meeting the criteria.

The task force rejected a set of additional detailed draft recommendations for schools, restaurants, churches and mass transit systems from the Centers for Disease Control and Prevention that it considered "overly prescriptive."

A number of states have already begun to lift restrictions, allowing for businesses including hair salons, diners and tattoo parlors to once again begin accepting customers. Health experts have warned that reopening too quickly could result in a potential rebound in cases.

States are supposed to wait to begin lifting any restrictions until they have a 14-day "downward trajectory" of influenza-like illnesses and confirmed virus cases, as well as sufficient hospital capacity and testing for health care workers.

Below is a summary of the three phases as outlined by the task force (read the full guidance here):

Don't see the graphic above? Click here.

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With Campuses Closed, Columbia And Pace Students Sue For Refunds

A man walks past Low Library on the Columbia University campus in New York City on March 9.; Credit: Mark Lennihan/AP

Anya Kamenetz | NPR

On Thursday, Columbia University and Pace University joined a growing number of colleges — including University of Miami, Drexel University and the University of Arizona — facing legal complaints aimed at their response to the coronavirus pandemic.

Thursday's suits were filed in federal court on behalf of Xaviera Marbury, a student at Pace, and an unnamed student at Columbia. Both complaints say students are owed reimbursement as well as damages for services that are no longer available now that campuses are closed. In both cases, those services include:

I. Face-to-face interaction with professors, mentors, and peers;
ii. Access to facilities such as computer labs, study rooms, laboratories, libraries, etc.;
iii. Student governance and student unions;
iv. Extra-curricular activities, groups, intramurals, etc.;
v. Student art, cultures, and other activities;
vi. Social development and independence;
vii. Hands-on learning and experimentation; and
viii. Networking and mentorship opportunities.

Marbury's complaint says her dorm rent costs $9,380 for the semester; she lost access to her dorm for approximately half the semester, the complaint says, but Pace is only offering to reimburse $2,000. Similarly, the Columbia complaint says that the student was refunded just 11% of their mandatory fees for the semester. The complaints also claim that though classes continue, their degree will eventually be worth less on the job market.

Marie Boster, a spokeswoman for Pace University, pointed out that the college is still offering services like tutoring and counseling along with classes remotely. "The faculty, staff and leaders of Pace continue to work tirelessly to support our students during this challenging time," she says. Columbia University had no comment on the suit.

The complaints, filed by a personal injury law firm in South Carolina, seek class action status on behalf of Columbia and Pace students. That same firm, Anastopoulo Law Firm, is also behind the suits against the University of Miami and Drexel.

"Universities are not delivering those services that students and their families have paid for," Anastopoulo attorney Roy T. Willey IV tells NPR. "It's not fair for the universities with multi-million dollar endowments to keep all of the money that students and their families have paid."

If the suits gain traction, the resulting damages would be a further blow to colleges already reeling from the financial impacts of the coronavirus. As NPR's Elissa Nadworny has reported, college endowments have taken a hit, some schools have begun to announce hiring freezes and others are looking at merging or closing their doors.

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Court Rules Detroit Students Have Constitutional Right To An Education

Students walk outside Detroit's Pershing High School in 2017. A lawsuit claims the state of Michigan failed to provide the city's students with the most fundamental of skills: the ability to read.; Credit: Carlos Osorio/AP

Cory Turner | NPR

In a landmark decision, a federal appeals court has ruled that children have a constitutional right to literacy, dealing a remarkable victory to students.

The ruling comes in response to a lawsuit brought by students of five Detroit schools, claiming that because of deteriorating buildings, teacher shortages and inadequate textbooks, the state of Michigan failed to provide them with the most fundamental of skills: the ability to read.

For decades, civil rights lawyers have tried to help students and families in underfunded schools by arguing that the U.S. Constitution guarantees children at least a basic education. Federal courts have consistently disagreed. Until now.

The ability to read and write is "essential" for a citizen to participate in American democracy, the 6th Circuit Court of Appeals ruled on Thursday. One cannot effectively vote, answer a jury summons, pay taxes or even read a road sign if illiterate, wrote Judge Eric Clay, and so where "a group of children is relegated to a school system that does not provide even a plausible chance to attain literacy, we hold that the Constitution provides them with a remedy."

"Like a daycare"

The 2016 complaint alleges that Michigan's then-Gov. Rick Snyder and the state's board of education denied Detroit students their fundamental right to literacy. It cites textbooks that were tattered, outdated and in such short supply that teachers could not send work home. The suit also describes school buildings that were in shocking disrepair: broken toilets and water fountains, leaking ceilings, shattered windows.

In warmer months, the complaint says, a lack of air-conditioning caused some students to faint; in winter, students regularly wore hats, coats and scarves to class. Students became accustomed to seeing cockroaches, mice or rats scurrying across the floor.

"You're sitting down in the classroom, and you see rodents in a corner. Or you can hear things crawling in the books," says Jamarria Hall, a plaintiff in the class-action suit, who graduated in 2017. "But the saddest thing of all was really the resources that they had, like, being in a class where there's 34 students, but there's only six textbooks."

Given these conditions, the five K-12 schools named in the complaint also struggled to retain teachers. Many classes were taught by paraprofessionals or inexperienced teachers placed through the Teach For America program. Often, Hall says, when teachers quit suddenly or didn't show up, students would simply be sent to the gym.

"For days on end — weeks on end — if the school didn't have a substitute or couldn't fill that gap, the gym was basically the go-to place. Or they would set students down in the classroom and really put on a movie, like Frozen... like a daycare," Hall remembers.

At one school, the complaint says, a math teacher quit soon after the school year began "due to frustration with large class sizes and lack of support. ... Eventually, the highest performing eighth grade student was asked to take over teaching both seventh and eighth grade math. This student taught both math classes for a month."

The complaint delivers a crushing assessment of these schools' failure to educate students: Proficiency rates "hover near zero in nearly all subject areas," it says.

"Illiteracy is the norm."

Previous legal efforts to argue that families in low-income, underfunded schools deserve better have run headlong into the U.S. Constitution, which makes no mention of the word "education," let alone a right to it.

One of the most famous cases, San Antonio Independent School District v. Rodriguez, made it all the way to the Supreme Court before the justices, in a 5-4 decision, ruled that families in poorer districts have no federal right to the same levels of funding as wealthier districts. They essentially said: The system isn't fair, but the U.S. government has no obligation to make it so.

In fact, the first judge to hear the current, Detroit case came to much the same conclusion.

U.S. District Judge Stephen Murphy dismissed the Michigan suit in 2018, writing that, yes, "literacy — and the opportunity to obtain it — is of incalculable importance," but not necessarily a fundamental right.

The students' lawyers disputed Murphy's reasoning and appealed his ruling, and, on Thursday, two of three judges took their side.

"We're not asking for a Cadillac"

In the past, many of the arguments used to pursue educational equity in the courts have been inherently comparative. Using the 14th Amendment's Equal Protection Clause, lawyers have focused on disparity — how one school or one district's resources compare to another's.

"This [case] is different," says Tacy Flint, a partner at Sidley Austin LLP and a lawyer for the plaintiffs. "It's not comparative. It's not a question of some people being treated worse than others. This fundamental right to a basic minimum education is a right that every child has."

Flint and her co-counsel focused more on a different pillar of the 14th Amendment, the Due Process Clause, saying the Constitution protects essential rights that "you can't imagine our constitutional democracy or our political life functioning without." And, Flint says, "access to literacy clearly fits that description."

Put simply: The plaintiffs' lawyers did not set out to level the playing field for all students. Instead, they attempted to use the appalling conditions of five Detroit schools to establish a floor.

"This case focuses squarely on literacy as the irreducible minimum," says Kristine Bowman, professor of law and education policy at Michigan State University.

And that minimum is pretty minimal.

"We're not asking for a Cadillac, or even a used, low-end Kia. We're asking for something more than the Flintstones' car," says co-counsel Evan Caminker, a former dean of the University of Michigan Law School.

In his dissent to Thursday's decision, Circuit Judge Eric Murphy argued that accepting literacy as a constitutional right would open a Pandora's box for states, and force federal courts to wrestle with questions beyond their purview: "May they compel states to raise their taxes to generate the needed [school] funds? Or order states to give parents vouchers so that they may choose different schools? How old may textbooks be before they become constitutionally outdated? What minimum amount of training must teachers receive? Which HVAC systems must public schools use?"

Murphy wrote that history, and legal precedent, are on his side: "The Supreme Court has refused to treat education as a fundamental right every time a party has asked it to do so."

After all, the judge reasoned, food, housing and medical care are also "critical for human flourishing and for the exercise of constitutional rights," but the Constitution "does not compel states to spend funds on these necessities of life." Why should education be any different?

A spokesperson for Michigan Gov. Gretchen Whitmer says her office is reviewing the court's decision before it decides what to do next. Whitmer's office also said in a statement that "the governor has a strong record on education and has always believed we have a responsibility to teach every child to read."

While the ruling is historic, it comes with several caveats. Basic literacy is a remarkably low standard to set for schools. As such, legal experts say, this ruling won't have an immediate impact on children in underfunded schools.

"We're not talking about the court having to recognize a broad-based, free-floating, generalized right to education," says Michelle Adams, a professor at Cardozo School of Law in New York City. This will not "open the floodgates of litigation. We're talking about a situation where students are being warehoused and required to be in school and yet they literally cannot read."

The case is also relatively young. The court's decision could be reviewed by the full 6th Circuit, appealed to the U.S. Supreme Court, or returned to play out in District Court. Whitmer's office has not yet indicated how the state will respond.

"The fight is not done yet," says Jamarria Hall, who is now living in Tallahassee, Fla., and taking classes at a community college. "We were fighting just to get into the ring. Now we're in the ring. Now the fight really starts."

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Federal Rules Give More Protection To Students Accused Of Sexual Assault

Secretary of Education Betsy Devos, seen on March 27, has released new rules for sexual assault complaints on college campuses.; Credit: Jim Watson/AFP via Getty Images

Tovia Smith | NPR

New federal regulations on how schools – from kindergarten all the way through college — must respond to cases of sexual assault and harassment are drawing swift and mixed reactions.

Education Secretary Betsy DeVos announced what she called historic changes Wednesday to Obama-era guidelines that she said will make the process fairer and better protect accused students. While some welcome the changes to Title IX as long overdue, survivors' advocates are panning the new rules as a throwback to the days when sexual assault was seldom reported or punished, and schools are protesting they can't possibly implement them by summer, as required.

Among the most significant changes are new regulations aimed at beefing up protections for accused college students, by mandating live hearings by adjudicators who are neither the Title IX coordinator nor the investigator, and real-time cross examination of each student by the other student's lawyer or representative.

"Cross examination is an important part of ensuring truth is found," said DeVos, adding that "our rule is very sensitive to not requiring students to face each other. In fact it specifically prohibits that. But it's an important part of ensuring that justice is ultimately served."

Under the new regulations, students also have a right to appeal, and schools are allowed to raise the evidentiary standard from "a preponderance of the evidence" to "clear and convincing," making it harder to find a student responsible for misconduct.

Also, the definition of sexual harassment narrows, so only that which is "severe, pervasive and objectively offensive" warrants investigation. On the other hand, dating violence and stalking would now be added to the kinds of offenses that schools must respond to.

Devos' proposed regulations, released last fall, would have given schools no responsibility to deal with off-campus incidents. But after a torrent of criticism, the final rules clarify that schools must respond to off-campus incidents that are in places or during events that the school is involved with. So, for example, frat houses would be covered, but a private off-campus apartment, would not. And a school would be obligated to respond to an alleged incident during a school field trip but not a private house party.

Cynthia Garrett, co-president of Families Advocating for Campus Equality, a group that advocates for the accused, welcomes the changes as long overdue.

"Anybody who's accused of something so vile [as sexual assault] has to have the opportunity to defend themselves," she says. "I think that in order to ruin someone's life [by expelling them from school] there has to be a process like this. It shouldn't be easy."

An accused student who asked to be identified as John Doe, as he was in his court cases, agrees that the new regulations are "very encouraging." He sued his school for suspending him after a hearing that he says denied him due process, by forcing him to defend himself without his attorney, and not allowing him to question his accuser. Later, after a federal court ruling in his favor, he reached a settlement with his school that wiped his record clean. But that was after nearly five years of what he describes as torment.

"People don't realize what these hearings used to look like," he says. "They can't just be a horse and pony show where they go through the motions and the school comes to a predetermined outcome."

Survivor advocates, however, say the new regulations will have a chilling effect on reporting, as alleged victims may view it as futile to file a formal complaint, or too retraumatizing, for example, to be subject to cross-examination. "This is extremely worrisome," says Sage Carson, manager of the survivor advocacy group Know Your IX. The new regulations "make it clear to me that DeVos cares more about schools and [accused students] than she does about survivors," says Carson.

The off-campus exclusion is also a sticking point. "We know that a majority of violence does not happen in libraries or in on-campus housing," says Carson.

She says she was assaulted in an off-campus apartment years ago, and was allowed to file a formal Title IX complaint back then. But if the rules then were like what DeVos is announcing now, Carson would not have had the option. "I would absolutely have dropped out of school," she says.

Doe, however, who was accused of an alleged assault during a private weekend jaunt hundreds of miles away from school during summer break, says the new rules prevent that kind of "overreach." His accuser wasn't a student at his college anymore. He says, "I just don't think that's reasonable."

Schools meantime, have objections of their own, first and foremost being forced to play the role of virtual trial courts to adjudicate intensely complex cases.

"We are not set up to do that," says Terry Hartle, senior vice president of the American Council on Education, a trade association representing 2,000 public and private colleges and universities. "We do not have the legal authority to do that. We don't have the social legitimacy to do that. We want to teach students. We don't want to run courts."

Schools also object to the timing, requiring the changes to be implemented by August 14th, even though schools are already overwhelmed with managing their sudden switch to online learning because of COVID-19.

"This is madness," says Hartle. "This is an extraordinarily complicated piece of work that they have spent more than three years developing. It's a mistake to now turn to colleges and universities and say, put it in place in 100 days. It's simply not going to work very well."

Smaller schools, especially, Hartle says, "are just overwhelmed. They don't know how or where to begin" to implement these changes.

Anticipating the objections, DeVos insisted that "civil rights really can't wait. And students cases continue to be decided now." She suggested that this may actually be the best time for schools to make the changes since there are no students on campus.

Hartle says schools will continue pressing for the Department of Education to allow schools more time. Meantime, several legal challenges are in the works, so a temporary stay is also a possibility. That would give schools a reprieve while those cases wind their way through the courts.

Copyright 2020 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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CDC Guidance For Reopening Schools, Child Care And Summer Camps Is Leaked

Anya Kamenetz | NPR

No field trips. No game rooms. No teddy bears. These are some of the CDC's guidelines for reopening schools, childcare centers and day camps safely in places where coronavirus cases are on the decline.

The guidance, which also covers restaurants, churches and other public places, was obtained by The Associated Press, which reports that the White House tried to keep it from coming to light. The New York Times quoted Mark Meadows, the chief of staff, as being concerned that the guidelines were "overly prescriptive."

The CDC does not have authority to enforce its guidance, which is intended for public information only; the actual policy decisions are up to state and local governments. Schools are closed through the end of the school year throughout much of the country, with the exception of Montana, which welcomed a handful of students back this week. Child care protocols are different in different states.

But millions of parents need child care so they can work, and socialization and stimulation for children who have been confined to home by lockdowns for weeks on end. This is the guidance that summer camps and day cares have been waiting for to make decisions about reopening safely.

The guidance says that where coronavirus is spreading rapidly, child care should only serve the children of essential workers. This is the case today in much of the country, which the guidelines refer to as "Phase 1".

In Phase 2, programs can expand to serve all children with enhanced social distancing measures, and in Phase 3, with a lower risk, social distancing will continue.

Recommended measures include:

Handwashing;

Cloth masks for staff;

Regular disinfection of all surfaces;

Six-foot distance "if possible," head-to-toe positioning with bedding;

As much outdoor air as possible — open windows, fans;

Restricting mixing of groups;

Restricting visitors, and staggering dropoffs and pickups to reduce contact among parents;

Limiting sharing of materials like art supplies or toys. Disinfecting them in between use.;

Avoiding soft toys that can't be easily disinfected;

Not using common areas like dining halls or playgrounds if possible. If it is necessary, stagger visits and disinfect in between;

Adjust operations based on local health data;

Monitor absenteeism.

The guidelines also emphasize keeping attendance at such programs local, to limit children bringing the disease from high to low transmission areas.

Copyright 2020 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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About the offers and deals listed in this forum




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Optimized Cable Company: 15% off all orders




ed

Security firm, FireEye, employed intern who is accused of developing Malware




ed

Windows 10 is out and available immediately via the Windows 10 Download Tool




ed

CTB-Locker ransomware being pushed by fake Windows 10 Update emails




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John McAfee Arrested




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Employees Said Kaspersky Faked Malware To Harm Rivals




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Hundreds of Apps In iOS App Store Contain Malicious Software




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New Deal: Award-Winning writing app, Scrivener for PC discounted 51% to $19.50




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New Deal: Amazon Web Services Certification Bundle discounted 93% to $19




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New Deal: CompTIA IT Certification Bundle discounted 95% to $49 USD.




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Millions of T-Mobile Users and Applicants Hacked...Thanks to Experian Plc




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BleepingComputer is excited to announce tomorrow's launch of our redesigned site




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FilmWeek: Streaming Edition -- ‘Human Capital,’ ‘The Platform,’ ‘Crip Camp’ and more

Alex Wolff in Human Capital.; Credit: Vertical Entertainment/Human Capital (2019)

FilmWeek®

Larry Mantle and KPCC film critics Lael Loewenstein, Claudia Puig and Tim Cogshell review this weekend’s new (streaming and VOD) movie releases.

​CORRECTION: The film Human Capital is available on all on-demand platforms as of March 20th.

Guests:

Claudia Puig, film critic for KPCC and president of the Los Angeles Film Critics Association (LAFCA); she tweets @ClaudiaPuig

Lael Loewenstein, KPCC film critic and film columnist for the Santa Monica Daily Press; she tweets @LAELLO

Tim Cogshell, film critic for KPCC, Alt-Film Guide and CineGods.com; he tweets @CinemaInMind

 

This content is from Southern California Public Radio. View the original story at SCPR.org.




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Rep. Adam Schiff On Efforts To Provide Federal Relief For Entertainment Industry

U.S. Rep. Adam Schiff (D-CA) listens during a news conference in front of the U.S. Capitol.; Credit: Alex Wong/Getty Images

FilmWeek®

As we discussed last week on FilmWeek, entertainment industry professionals are among the hardest hit amid the stoppage of everyday work and life due to COVID-19. Whether you’re on camera or stage, or behind it, above the line or below it, production shutdowns mean that industry professionals who already rely on sporadic work as it’s available are left with few to no options for sustainable income. 

Last week, Congressman Adam Schiff and other members of Congress who represent areas with large constituencies that work in the entertainment industry sent a letter to House leaders asking them to provide relief for both freelance and contract entertainment industry workers. “The unique freelance nature of work in film, television, theater, and live music means that a large number of the professionals who make these productions possible work only sporadically—often with extended periods between paying jobs—and count on income from each project to make ends meet,” the letter said in part. “As a result, many of them can’t qualify for traditional unemployment benefits or paid emergency leave, yet will now be unable to cover their basic expenses due to lost work.” 

Today on AirTalk, Congressman Schiff joins us to talk about what relief both freelance and contract entertainment industry professionals can expect if the House passes the stimulus package that would provide financial aid to Americans during the coronavirus pandemic. 

Guest: 

Adam Schiff, U.S. Congressman representing California’s 28th Congressional District, which includes Burbank, parts of Pasadena, and Glendale, and chairman of the House Intelligence Committee; he tweets @RepAdamSchiff

This content is from Southern California Public Radio. View the original story at SCPR.org.




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How Director Eliza Hittman’s Journey To Pregnancy Centers In Rural America Inspired Her New Film ‘Never Rarely Sometimes Always’

Director Eliza Hittman on the set of her film "Never Rarely Sometimes Always".
; Credit: Focus Features/Never Rarely Sometimes Always (2020)

FilmWeek®

The film “Never Rarely Sometimes Always” was slated for a theatrical release in March, but due to COVID-19 screenings were postponed. Instead, the film is out on digital this week, currently sporting a 98 percent rating on Rotten Tomatoes and receiving critical acclaim both here on FilmWeek and nationwide as one of the best films of 2020 so far.

Writer-director Eliza Hittman’s third feature-length film is about two teenage girls Skylar (Talia Ryder) and Autumn (Sidney Flanagan) from rural Pennsylvania who travel to New York City for medical help after an unplanned pregnancy. Hittman says the idea for the film came to her when she read in a book about how some women in Ireland, which up until recently had very strict laws against abortions, would travel from Ireland to London in 24 hours just to get a procedure. It struck her as worthy of a screenplay, and the idea was born. As part of her research for the film Hittman went to a small coal-mining community in rural Pennsylvania and, even though she wasn’t pregnant, visited pregnancy centers, got tested, and talked with women getting treatment and counseling so she could, as she says, “write the scenes with credibility.”

Today on FilmWeek, we’ll air “The Frame” host John Horn’s interview with “Never Rarely Sometimes Always” director Eliza Hittman where the two discuss how Hittman came up with the idea for the film, her journey to rural America to find out what visiting pregnancy centers there is like, and how that informed the way she conceived and wrote the film.

Guest:

Eliza Hittman, writer and director of “Never Rarely Sometimes Always”

This content is from Southern California Public Radio. View the original story at SCPR.org.




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FilmWeek: ‘Tigertail,’ ‘School Life,’ ‘Love Wedding Repeat’ and more

Kunjue Li (L) and Hing Chi-Lee (R) in Tigertail.; Credit: Netflix/Tigertail (2020)

FilmWeek®

Larry Mantle and KPCC film critics Claudia Puig, Tim Cogshell and Charles Solomon review this weekend’s new movie releases and share their recommendations for what to binge-watch while you’re stuck at home during COVID-19.

Guests:

Claudia Puig, film critic for KPCC and president of the Los Angeles Film Critics Association (LAFCA); she tweets @ClaudiaPuig

Tim Cogshell, film critic for KPCC, Alt-Film Guide and CineGods.com; he tweets @CinemaInMind

Charles Solomon, film critic for KPCC, Animation Scoop and Animation Magazine

 

This content is from Southern California Public Radio. View the original story at SCPR.org.




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2020 TCM Classic Film Festival Goes Virtual With Special Home Edition During COVID-19

Closing Night Party at last year's 2019 TCM 10th Annual Classic Film Festival in Hollywood, California. ; Credit: Presley Ann/Getty Images for TCM

FilmWeek®

Like all public events following the start of widespread stay-at-home orders from the state and federal government, the 2020 TCM Classic Film Festival was unfortunately cancelled this year due to health concerns posed by COVID-19. But festival faithful and classic film buffs won’t be left hanging this year.

Instead of a live, in person event, TCM decided to do a Special Home Edition of the annual festival that will air on the TCM Channel. The festival kicked off Thursday evening with a screening of the 1954 version of “A Star is Born” starring Judy Garland and James Mason and will include a number of films from past years’ festival lineups as well as ones that were slated for this year’s event. It ends late Sunday night (technically early Monday morning) with a screening of the 1982 film Victor/Victoria, for which Julie Andrews was slated to be in attendance at the 2020 festival before it was cancelled.

Today on FilmWeek, Turner Classic Movies hosts Ben Mankiewicz and Dave Karger join Larry Mantle to preview this year’s Special Home Edition of the TCM Classic Film Festival, talk about having to pivot due to the pandemic, and sharing some of their favorite films that are screening at this year’s event.

For a list of films and showtimes, click here.

Guests:

Ben Mankiewicz, host for Turner Classic Movies; he tweets @BenMank77

Dave Karger, host for Turner Classic Movies and special correspondent for the Internet Movie Database (IMDb); he tweets @DaveKarger

This content is from Southern California Public Radio. View the original story at SCPR.org.




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FilmWeek: ‘Extraction,’ ‘Bad Education, ‘Circus of Books’ and more

Chris Hemsworth and Rudhraksh Jaiswal in Extraction.; Credit: Netflix/Extraction (2020)

FilmWeek®

Larry Mantle and KPCC film critics Christy Lemire, Angie Han and Wade Major review this weekend’s new movie releases on streaming and VOD platforms.

Guests:

Angie Han, KPCC film critic and deputy entertainment editor at Mashable; she tweets @ajhan

Christy Lemire, film critic for KPCC, RogerEbert.com and co-host of the ‘Breakfast All Day’ podcast; she tweets @christylemire

Wade Major, film critic for KPCC and CineGods.com

 

This content is from Southern California Public Radio. View the original story at SCPR.org.




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Reducing fish discards: recommendations for successful pilot projects

New research has shed light on the factors needed to successfully implement pilot projects designed to reduce the dumping of unwanted fish by fishermen. The analysis of 15 European projects highlights the importance of involving the fishing industry in developing and implementing pilot projects.




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Coral reefs could be restored with rope nursery 'gardening' methods

Using 'gardening' techniques to actively restore endangered coral reefs is ecologically sound and economically feasible, according to recent research.




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Assessing cumulative impacts on seabed ecosystems

Understanding the impacts of human activities on Marine and Coastal is important to ensure their sustainability. New research has indicated that seafloor ecosystems are less likely to recover from fishing if they are in rocky or reef habitats and if dredging and bottom trawling equipment is used for shellfish and various fish species. When fishing is combined with the extraction of aggregate for mineral resources, the impacts are even more damaging.




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Filling in the gaps in Marine Protected Areas

Although a total of 1.3 per cent of global marine areas is currently within Marine Protection Areas (MPAs), this is far from the Convention of Biodiversity's (CBD) 10 per cent target. Significant progress has been made over the last few years, but a new report suggests there is room for improvement as MPA coverage is very uneven and not all eco-regions and habitats are represented. The report makes several recommendations for maximising the effects of MPAs.




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Antarctica needs global and local responses to protect ecosystems

A new study has investigated the impacts of human activity on Antarctic Marine and Coastal. Alongside local effects of fishing, pollution and invasive alien species, global climate change is causing sea temperature rises and ocean acidification. Action is therefore needed at all levels to address these impacts.




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Seabird ingestion of plastic litter still exceeding policy targets

Data from studies monitoring the amount of plastic eaten by seabirds suggest that levels in the North Sea are well above targets established for the North East Atlantic Ocean by OSPAR (the Oslo and Paris Convention). For the most recent monitoring period, the target amount was exceeded in well over half the birds studied.




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Checklist devised to diagnose seafloor health

Scientists have produced a list of seafloor characteristics to determine the health status of the ecosystem it supports. These indicators could improve the quality and consistency of marine conservation efforts across Europe, particularly where the impact of human activities is high.




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Five strategies to help damaged Marine and Coastal recover

Between 10 and 50% of marine species and ecosystems are recovering from population declines and degradation, according to recent research, which identified five strategies for successful recoveries. Recoveries are often driven by a combination of factors, which include restricting exploitation, better protection of vulnerable habitats and greater political support and local involvement with conservation.




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Better monitoring of low level pollutants needed to protect marine life

A new study of pollutants in Mediterranean coastal waters assesses the risks posed by difficult-to-detect chemicals present at low concentrations. Coastal monitoring programmes may be required to control discharges of some of these pollutants, which, at current levels, could be harmful to sensitive marine creatures.




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???Animal forests??? of the sea need better protection

The lack of clear international regulations is putting ???animal forests??? at risk, a recent analysis concludes. The research examined threats to these important seafloor habitats, and suggests that collective responsibility and coherent ecosystem-based management are needed to prevent their loss.




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Estimating the true extent of damage to exploited seafloor ecosystems: a UK case study

Some Marine and Coastal have been altered over long periods of time, resulting in a loss of knowledge of their true healthy state, new research suggests. In this UK study, researchers used historical records, samples of sediment and present-day diving surveys to reconstruct the true history of shellfish beds on the east coast of Scotland.




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Reducing fishing in marginal areas could substantially reduce the footprint and impact of seabed fishing

Seabed fishing grounds in the UK are made up of intensively fished core areas surrounded by more rarely used marginal areas, new research shows. Excluding these margins, which contain only 10% of the total fishing activity, approximately halves the total area of fishing grounds. Thus reducing the fishing footprint by closing the marginal areas will disproportionately reduce the seabed impact of fishing activity.




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Image modeling for biomedical organs

Image modeling for biomedical organs




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The National Science Foundation: Creating knowledge to transform our future

The National Science Foundation: Creating knowledge to transform our future




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Thanks to Nutella, the world needs more hazelnuts

Nutella has turned into a global phenomenon, which is boosting the demand for hazelnuts. ; Credit: Ingrid Taylar/Flickr

Nutella, that sinfully indulgent chocolate-hazelnut spread, turns 50 this year, and it's come a long way, baby.

There's even a "Nutella bar" in midtown Manhattan, right off Fifth Avenue, tucked inside a grand temple of Italian food called Eataly. There's another Nutella bar at Eataly in Chicago. Here, you can order Nutella on bread, Nutella on a croissant, Nutella on crepes.

"We create a simple place," explains Dino Borri, Eataly's "brand ambassador," a man so charming that he should be an ambassador for the whole Italian country. "Simple ingredients, few ingredients. With Nutella, supertasty, supersimple. When you are simple, the people love!"

Nutella was the product of hard times. During World War II, an Italian chocolate-maker named Ferrero couldn't get enough cocoa, so he mixed in some ground hazelnuts instead. Then he made a soft and creamy version.

"It was one of the greatest inventions of the last century!" says Borri.

It's a bold claim, but greatness, you have to admit, is a matter of taste. In any case, Nutella conquered Italy and, eventually, the world.

The recipe for world domination, it turns out, isn't too complicated: Sugar, cocoa, palm oil and hazelnuts. Three of those ingredients are easy to get. Sugar, cocoa and palm oil are produced in huge quantities.Hazelnuts, though, which some people call filberts, are a different matter. Most of them come from a narrow strip of land along the coast of the Black Sea in Turkey.

Karim Azzaoui, vice president for sales and marketing at BALSU USA, which supplies hazelnuts to the U.S., says the hazelnut trees grow on steep slopes that rise from the Black Sea coast. The farms are small; grandparents and children help to harvest the nuts, usually by hand. "It's a very traditional way of life," Azzaoui says. "The Turkish family farmers are extremely proud of the hazelnut crop, as it has been part of their family history for centuries. Farmers have been growing hazelnuts here for 2,000 years."

Nutella is now making this traditional crop extremely trendy.

Ferrero, the Nutella-maker, now a giant company based in Alba, Italy, uses about a quarter of the world's hazelnut supply — more than 100,000 tons every year.

That's pushed up hazelnut prices. And this year, after a late frost in Turkey that froze the hazelnut blossoms and cut the country's hazelnut production in half, prices spiked even further. They're up an additional 60 percent this year.

Because they're so valuable, more people want to grow them. Farmers are growing hazelnuts in Chile and Australia. America's hazelnut orchards in Oregon are expanding.

And now, one can even find a few hazelnuts in the Northeastern United States, where they've never been successfully grown before. They're standing in a Rutgers University research farm, an oasis of orchards tucked in between highways, just outside New Brunswick, N.J.

"All the green leafy things you see here are hazelnut trees. But in the beginning, they all used to die from disease," says Thomas Molnar, a Rutgers plant scientist who is in charge of this effort.

The disease, called Eastern Filbert Blight, is caused by a fungus. Some relatives of the commercial hazelnut, native to North America, can withstand the fungus. But the European hazelnut, the kind that fetches high prices, cannot. When the fungus attacks, it ruptures the bark around each branch, and the tree dies.

About 10 years ago, though, a plant breeder at Rutgers named C. Reed Funk embarked on a quest for hazelnut trees that could survive Eastern Filbert Blight. Similar efforts have been underway at Oregon State University, because Eastern Filbert Blight has made its way to Oregon as well, threatening the orchards there.

"I personally went and made seed collections in Eastern Europe, Russia, Poland, Ukraine," says Molnar. "I collected thousands of seeds. We grew them as we normally would, and I'd say that 98 percent of them died."

The other 2 percent, though, did not. They carried genes that allowed them to survive the blight. Molnar cross-pollinated these blight-resistant trees with other hazelnut trees, from Oregon, that produce lots of high-quality nuts. He collected the offspring of that mating, looking for individual trees with the ideal genetic combination: blight resistance and big yields.

Molnar shows me a few candidate trees. They're thriving, and producing lots of nuts. Molnar and his colleagues now are conducting field trials of these trees in 10 locations around the Eastern U.S. and Canada to see whether they yield enough nuts to be commercially successful.

Molnar is optimistic. His efforts have even caught the attention of Ferrero, the Nutella-maker. "They've come here several times," Molnar says. "They've told me, if we can meet their quality specifications, they'd be interested in buying all the hazelnuts that we can produce."

If you just want to get one of these trees and grow hazelnuts in your backyard, though, Molnar does have a warning. "I haven't seen any other food that drives squirrels more crazy than hazelnuts," he says. Squirrels will do almost anything to get their greedy little paws on the nuts before you do.

So your hazelnuts may need a guard dog — one that likes to chase squirrels.

 




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Gov. Brown to sign Film/TV production tax credit bill in Hollywood

California Jerry Brown will sign a bill to expand California's film and television tax credit program into law in Hollywood; Credit: Justin Sullivan/Getty Images

A moment Hollywood's been waiting a while for will take place... in Hollywood. 

A ceremony is planned for Thursday morning at the Chinese Theater where Governor Jerry Brown will sign the "California Film and Television Job Retention and Promotion Act" into law.

The bill - also known  as AB 1839 — will more than triple the funding for California's film and television production tax credit program. 

The push to expand and enhance the tax credit program has been going on for more than a year. In August of 2013, Los Angeles Mayor Eric Garcetti used the term "state of emergency" to characterize the flight of film and television production to other states and countries. Garcetti is expected to speak at the ceremony. 

Los Angeles-area Assemblymen Mike Gatto and Raul Bocanegra are also expected to be on hand. They introduced AB 1839 in February and moved it strategically through the legislature in Sacramento. While there were few vocal opponents of expanding the tax credit program, the big question was by how much. Many supporters hoped to see the annual pot raised from the current $100 million to at least $400 million, but an exact dollar amount wasn't specified until very late in the legislative process.

In April, the state Legislative Analyst's Office released its hard look at the current tax credit program, pointing out that the state is only getting back 65 cents in tax revenues for every dollar it’s spending on the film and TV subsidy.  The bill to expand the program kept moving.

California's magic number turned out to be $330 million dollars, not as high as chief rival New York State's $420 million per year, but still more than triple California's current offering. Along with the extra cash, AB 1839 also changes the way the tax credit program will be administered.   Rather than using a one-day lottery to determine which productions receive the credit, the state will measure the projects based on their potential to create jobs.   A project that overestimates that potential could be penalized.  

 

 




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Governor signs bill raising Hollywood tax credits

In this file photo, California Gov. Jerry Brown speaks during a news conference on January 17, 2014 in San Francisco, California. Brown on Thursday signed a bill that more than triples the state's annual tax credit for film and TV production to $330 million.; Credit: Justin Sullivan/Getty Images

Gov. Jerry Brown has headed to the cradle of the Hollywood film industry to sign legislation that more than triples the state's annual tax credit to $330 million a year for films and TV shows produced in California.

Brown says the increase is needed to help prevent other states and countries from hijacking film and TV production by offering their own lucrative incentives.

Brown signed the bill Thursday at the former Grauman's Chinese Theatre, where handprints and footprints of stars from the eras of Humphrey Bogart to Robert De Niro are embedded in concrete.

Under the new system, credit will be awarded based on the number of jobs a production creates and its overall positive impact on the state.

The historic cinema is now called the TCL Chinese Theatre IMAX.

Film tax credit doc




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Home Depot says malware affected 56M payment cards

File photo: Customers enter a Home Depot store on May 21, 2013 in El Cerrito, Calif.; Credit: Justin Sullivan/Getty Images

The Home Depot says it has eliminated malware from its U.S. and Canadian networks that affected 56 million unique payment cards between April and September.

The Atlanta-based home improvement retailer said Thursday it has also completed a "major" payment security project that provides enhanced encryption of customers' payment data in the company's U.S. stores.

Home Depot also is confirming its sales-growth estimates for the fiscal year and expects to earn $4.54 per share in fiscal 2014, up 2 cents from its prior guidance.




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Warner Brothers job cuts determined by financial target

We reported last week that layoffs were coming soon to Warner Brothers, but how many positions will be cut is still unknown.  

A spokesman for Warner Brothers Entertainment, Paul McGuire, told KPCC there's no exact number yet. "There is no headcount reduction target, but there is a substantial financial target," Maguire said. 

“This is a budget issue, not a head count issue,” Dee Dee Myers, Warner Brothers Vice President of Corporation Communications told Variety.  The trade publication reports that Warner Brothers is expected to eliminate as many as 1,000 positions worldwide - or about 10 percent of its workforce:

Senior managers are currently assessing their businesses to come up with ways to trim overhead. Only at the end of that process will an exact reduction figure be known. It could be somewhat lower than the current numbers being speculated, but cuts are expected to be substantial.  

News of coming layoffs became public two weeks ago, when KPCC and other media outlets obtained an internal memo written by Warner Bros. Chairman and Chief Executive Officer Kevin Tsujihara.   

"It pains me to say this, positions will be eliminated—at every level—across the Studio," Tsujihara wrote in the memo. 

Morningstar Analyst Neil Macker told KPCC that management at Warner Brothers is trying to protect the company from another takeover play by Rupert Murdoch.  In July, Murdoch offered to buy parent company Time Warner for $80 billion. He withdrew the offer in August.