Questions for Mississippi Doctor After Thousands of Autopsies





JACKSON, Miss. — For a long time, if a body turned up in Mississippi it had a four-in-five chance of ending up in front of Dr. Steven T. Hayne.




Between the late 1980s and the late 2000s, Dr. Hayne had the field of forensic pathology in Mississippi almost to himself, performing thousands of autopsies and delivering his findings around the state as an expert witness in civil and criminal cases. For most of that time, Dr. Hayne performed about 1,700 autopsies annually, more than four for every day of the year and nearly seven times the maximum caseload recommended by the National Association of Medical Examiners.


During the past several months, in courthouses around Mississippi, four new petitions have been quietly submitted on behalf of people in prison arguing that they were wrongfully convicted on the basis of Dr. Hayne’s testimony. Around 10 more are expected in the coming weeks, including three by inmates on death row.


The filings, based on new information obtained as part of a lawsuit settled last spring, charge that Dr. Hayne made “numerous misrepresentations” about his qualifications as a forensic pathologist. They say that he proposed theories in his testimony that lie far outside standard forensic science. And they suggest that Mississippi officials ignored these problems, instead supporting Dr. Hayne’s prolific business.


For many around the state, the Hayne era is considered to be over and any problems fixed. In 2008, amid growing controversy, the state severed ties with Dr. Hayne, who to this day insists that he was treated unfairly. Mississippi officials have since shown almost no inclination to review his past cases.


The recent lawsuits suggest that in only a limited number of cases did a verdict most likely hinge on Dr. Hayne’s testimony. But without any systematic review, it remains a question as to what that number may be.


“There are hundreds of cases that have to be reconsidered,” said Dr. James Lauridson, a former state medical examiner in Alabama, who provided an affidavit in one of the recently filed cases. Dr. Lauridson said Dr. Hayne was an extreme example of a familiar problem: a forensic analyst with inadequate training who was given far too much deference in the courts.


“After you do that long enough, your initially shaky opinions become way out of the mainstream,” Dr. Lauridson said. “That is what happened to him.”


Dr. Hayne was sidelined by state officials after his analyses — and those of one of his close collaborators — led to several murder convictions that were later overturned or thrown out. But he insists that his work has been intentionally distorted by critics.


“I don’t think I was treated fairly,” he said last month at his house in a gated community overlooking the Ross Barnett Reservoir. “Is that the way you treat people after 20 years of working like a dog?”


A physician and pathologist, Dr. Hayne, now 71, began performing autopsies in Mississippi in the late 1980s. He served briefly as interim state medical examiner though he was not, as state law required, board certified in forensic pathology. From 1989, when he left the interim post, to 2010, the office of medical examiner was unfilled for all but five years. Dr. Hayne, working as a private contractor, almost single-handedly picked up the slack.


By his own count, he performed as many as 1,700 autopsies some years, in addition to having his own pathology practice. Dr. David Fowler, the chief medical examiner in Maryland and a former chairman of the standards committee for the National Association of Medical Examiners, called the number “beyond defensible.”


Dr. Hayne said that state-appointed medical examiners simply did not have his motivation as a fee-based contractor, nor his work ethic. “How many autopsies could they do?” he said. “They could do one or 500, they get paid the same amount. Is there any incentive to do a heavy load?”


That incentive is at the heart of the challenges filed on behalf of prisoners in recent weeks, most of them by the Mississippi Innocence Project. The cases in those filings are not clear cut, and in all of them there is circumstantial evidence suggesting guilt and innocence. But Dr. Hayne’s testimony was key.


In one case, Dr. Hayne performed an autopsy of a young boy and concluded he had been suffocated. Some weeks after the boy was buried, his 3-year-old brother told the police that he had been killed by his mother’s boyfriend. Officials exhumed the body, and Dr. Hayne had a cast made of the boy’s face. By comparing his initial notes of face wounds with the cast, Dr. Hayne testified, he found it probable that the boy had been suffocated by a large male hand. The boyfriend was convicted.


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American Delegation Arrives in North Korea on Controversial Private Trip


David Guttenfelder/Associated Press


Eric Schmidt, Google's executive chairman, arrived in Pyongyang on Monday.







SEOUL, South Korea — Bill Richardson, the former governor of New Mexico, led a private delegation including Eric Schmidt, Google’s executive chairman, to North Korea on Monday, a controversial trip to a country that is among the most hostile to the Internet.








Kim Kwang Hyon/Associated Press

Bill Richardson with journalists on Monday after arriving in Pyongyang, North Korea. Mr. Richardson, who has visited the North several times, called his trip a private humanitarian mission.






Mr. Richardson, who has visited North Korea several times, called his four-day trip a private humanitarian mission and said he would try to meet with Kenneth Bae, a 44-year-old South Korean-born American citizen who was arrested on charges of “hostile acts” against North Korea after entering the country as a tourist in early November.


“I heard from his son who lives in Washington State, who asked me to bring him back,” Mr. Richardson said in Beijing before boarding a plane bound for Pyongyang. “I doubt we can do it on this trip.”


In a one-sentence dispatch, the North’s state-run Korean Central News Agency confirmed the American group’s arrival in Pyongyang, calling it “a Google delegation.”


Mr. Richardson said his delegation planned to meet with North Korean political, economic and military leaders, and to visit universities.


Mr. Schmidt and Google have kept quiet about why Mr. Schmidt joined the trip, which the State Department advised against, calling the visit unhelpful. Mr. Richardson said Monday that Mr. Schmidt was “interested in some of the economic issues there, the social media aspect,” but did not elaborate. Mr. Schmidt is a staunch proponent of Internet connectivity and openness.


Except for a tiny portion of its elite, North Korea’s population is blocked from the Internet. Under its new leader, Kim Jong-un, the country has emphasized science and technology but has also vowed to intensify its war against the infiltration of outside information in the isolated country, which it sees as a potential threat to its totalitarian grip on power.


Although it is engaged in a standoff with the United States over its nuclear weapons and missile programs and habitually criticizes American foreign policy as “imperial,” North Korea welcomes high-profile American visits to Pyongyang, billing them as signs of respect for its leadership. It runs a special museum for gifts that foreign dignitaries have brought for its leaders.


Washington has never established diplomatic ties with North Korea, and the two countries remain technically at war after the 1950-53 Korean War ended in a truce.


But Mr. Richardson’s trip comes at a particularly delicate time for Washington. In the past weeks, it has been trying to muster international support to penalize North Korea for its launching last month of a long-range rocket, which the United States condemned as a violation of United Nations Security Council resolutions banning the country from testing intercontinental ballistic missile technology.


North Korea has often required visits by high-profile Americans, including former Presidents Jimmy Carter and Bill Clinton, before releasing American citizens held there on criminal charges. Mr. Richardson, who is also a former ambassador to the United Nations, traveled to Pyongyang in 1996 to negotiate the release of Evan Hunziker, who was held for three months on charges of spying after swimming across the river border between China and North Korea.


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Supporters Back Strike at Newspaper in China


James Pomfret/Reuters


Protesters gathered on Monday outside the headquarters of the relatively liberal newspaper Southern Weekend in Guangzhou, China.







BEIJING — Hundreds of people gathered outside the headquarters of a newspaper company in southern China on Monday, intensifying a battle over media censorship that poses a test of the willingness of China’s new leadership to tolerate calls for change.




The demonstration was an outpouring of support for journalists at the relatively liberal newspaper Southern Weekend, who erupted in fury late last week over what they called overbearing interference by local propaganda officials.


At the same time, the embattled newsroom received backing on the Internet from celebrities and other prominent commentators that turned what began as a local censorship dispute into a national display of solidarity.


“Hoping for a spring in this harsh winter,” Li Bingbing, an actress, said to her 19 million followers on a microblog account. Yao Chen, an actress with more than 31 million followers, quoted Aleksandr Solzhenitsyn, the Russian dissident: “One word of truth outweighs the whole world.”


Disputes between media organizations and local party leaders over the limits of reporting and expressions of opinion are common in China, but rarely emerge into public view. This time, calls to support the frustrated journalists spread quickly in Chinese online forums over the weekend, and those who showed up on Monday outside the media offices in Guangzhou, the capital of Guangdong Province, ran the gamut from high school and university students to retirees.


Many carried banners scrawled with slogans and white and yellow chrysanthemums, a flower that symbolizes mourning. One banner read: “Get rid of censorship. The Chinese people want freedom.” Police officers watched, but did not interfere.


The journalists at Southern Weekend have been calling for the ouster of Tuo Zhen, the top propaganda official in Guangdong Province, who took up his post last May.


They blame him for overseeing a change in a New Year’s editorial that originally called for greater respect for constitutional rights under the headline “China’s Dream, the Dream of Constitutionalism.”


The editorial went through layers of changes and ultimately became one praising the direction of the current political system, in which the Communist Party continues to exercise authority over all aspects of governance.


A well-known entrepreneur, Hung Huang, said online that the actions of Mr. Tuo had “destroyed, overnight, all the credibility the country’s top leadership had labored to re-establish since the 18th Party Congress,” the November gathering in Beijing that was the climax of the leadership transition installing Xi Jinping as Communist Party chief. Mr. Xi, who is also scheduled to assume the nation’s presidency in March, has raised expectations that he might pursue a more open-minded approach to molding China’s economic and political models during his planned decade-long tenure.


But more recently, he has said China must respect its socialist roots, which appeared to be a move to placate conservatives in the party.


One journalist for Southern Weekend said Monday night that talks between the various parties had taken place that afternoon, but there were no results to announce. “The negotiations did not go well at all,” the journalist said in a telephone interview.


Signs had emerged earlier that central propaganda officials were moving to dismantle support for the protest. A fiery editorial by Global Times, a populist newspaper, attacked the rebels at Southern Weekend and essentially accused them of conspiring against the government. Xinhua, the state news agency, and other prominent news sites published the editorial online, apparently at the orders of propaganda officials.


“Propaganda is still on the old road,” said an editor at a party media organization.


But by Tuesday morning, the news portals run by large Internet companies like Sina and Sohu rather than by the state had posted disclaimers with the Global Times editorial, saying the opinions did not reflect those of the companies.


It was on the Internet where the campaign to support the beleaguered journalists was reaching full bloom. Bloggers with large readerships, Han Han and Li Chengpeng, urged defiance of press censorship, and calls spread on microblogs for more rallies outside the newspaper offices on Tuesday.


It was unclear how many employees in the Southern Weekend newsroom had heeded calls by reporters for a strike to display their determination to resist censorship. A local journalist who went by the newspaper’s Beijing office on Monday said the building appeared to be open, but quiet. One employee at the site, where about 30 people work, told the journalist that the office was not on strike.


Jonathan Ansfield contributed reporting from Beijing. Mia Li contributed research from Guangzhou, China, and Shi Da from Beijing.



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Tehran Is Choked by Annual Buildup of Air Pollution





TEHRAN — Already battered by international threats against their nation’s nuclear program, sanctions and a broken economy, Iranians living here in the capital are now trying to cope with what has become an annual pollution peril: a yellowish haze that engulfs Tehran this time of year.




For nearly a week, officials here and in other large cities have been calling on residents to remain indoors or avoid downtown areas, saying that with air pollution at such high levels, venturing outside could be tantamount to “suicide,” state radio reported Saturday.


On Sunday, government offices, schools, universities and banks reopened after the government had ordered them to shut down for five days to help ease the chronic pollution. Tehran’s normally bustling streets were largely deserted.


Residents who dare to go outside cover their mouths and noses with scarves or surgical masks, but their eyes tear up and their throats sting from the mist of pollutants, which a report by the municipality of Tehran says is made up of a mixture of particles containing lead, sulfur dioxins and benzene.


“It feels as if even God has turned against us,” Azadeh, a 32-year-old artist, said on a recent day as she looked out a window in her apartment that often offers a clear view of Tehran, a sprawling city that is home to millions. But on this day, Azadeh, who did not want her full name used, saw only the blurred outlines of high-rise buildings and the Milad communications tower in the distance. The setting sun was reduced to a yellowish coin by the thick blanket of smog.


The haze of pollution occurs every year when cold air and windless days trap fumes belched out by millions of cars and hundreds of old factories between the peaks of the majestic Alborz mountain range, which embraces Tehran like a crescent moon.


Iran is prominently represented in the World Health Organization’s 2011 report on air quality and health, with three of its provincial towns among the organization’s list of the world’s 10 most-polluted cities. According to the report, Tehran has roughly four times as many polluting particles per cubic meter as Los Angeles. Many cities known for their poor air quality, like Mexico City, Shanghai and Bangkok, are cleaner than Tehran.


But since 2010, when American sanctions on Iranian imports of refined gasoline began to bite, the situation has grown worse, according to the report by the municipality of Tehran.


Faced with possible fuel shortages, Iran surprised outsiders by quickly making up for the loss of imports by producing its own brew of gasoline. While the emergency fuel kept vehicles running, local experts warned that it was creating much more pollution.


A recently released report by Tehran’s department of air quality control contained blank spaces where there should have been information about levels of benzene and lead — components of gasoline — in the capital’s air. But the report did state that while Tehran experienced more than 300 “healthy days” in 2009, in 2011 there were fewer than 150.


Iran’s Health Ministry has reported a rise in respiratory and heart diseases, as well as an increase in a variety of cancers that it says are related to pollution.


The state newspaper Resalat on Saturday called the pollution a continuing crisis, and it urged the authorities to act. “Why is it that when the winds pick up, this problem is again quickly forgotten?” an editorial asked. Another newspaper, Donya-e-Eqtesad, which is critical of the government, pressed for an improvement in gasoline standards.


The pollution caused by the use of the emergency fuel concoction has been a taboo subject here, as officials try to portray each measure to counter the economic sanctions as a success that should not to be criticized by the local news media.


On state television, several officials have denied that the yellow haze has anything to do with the locally produced gasoline.


In an interview on Saturday, Ali Mohammad Sha’eri, the deputy director of Iran’s Environmental Protection Organization, strongly denied that the pollution was linked to gasoline. However, he said that only 20 percent of the emergency fuel was up to modern standards. “Hopefully in three months that level will be 50 percent,” he said.


Meanwhile, the government has imposed strict traffic regulations in Tehran, Isfahan and other major population centers. An odd-even traffic-control plan based on the last digit of vehicle license plates keeps about half of the approximately three and a half million cars in Tehran off the streets on a daily basis.


Other plans to combat the pollution have been less realistic, analysts say. President Mahmoud Ahmadinejad has long advocated a plan to move civil servants from Tehran to reduce overpopulation in the capital. In 2010, the governor of Tehran Province ordered crop-dusters to dump water on the smog in an effort to dissipate it. There have also been plans for placing air purifiers in the city, but experts say they will not work in open spaces.


For those living in Tehran and unable to leave town for a vacation home on the Caspian Sea, waiting for the winds to pick up seems to be the only option.


“My head hurts, and I’m constantly dead tired,” said Niloufar Mohammadi, a university student. “I try not to go out, but I can smell the pollution in my room as I am trying to study.”


Azadeh, the artist, said the pollution forced her to stay indoors, adding to her sense of isolation. Step by step her world was being curtailed, she said. The Western sanctions imposed on Iran make her feel like a pariah, she explained. The government’s mismanagement of the economy and the resulting inflation have left her with little purchasing power, she said; she has stopped shopping for everything but essential items. And last week, security officers removed her illegal satellite dish from her roof.


“The pollution is the last straw for me,” she said. “We should wait helpless for winds to pick up and clean the air before we can safely leave our houses. It shows we have lost all power to control our lives.”


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Alarm in Albuquerque Over Plan to End Methadone for Inmates


Mark Holm for The New York Times


Officials at New Mexico’s largest jail want to end its methadone program. Addicts like Penny Strayer hope otherwise.







ALBUQUERQUE — It has been almost four decades since Betty Jo Lopez started using heroin.




Her face gray and wizened well beyond her 59 years, Ms. Lopez would almost certainly still be addicted, if not for the fact that she is locked away in jail, not to mention the cup of pinkish liquid she downs every morning.


“It’s the only thing that allows me to live a normal life,” Ms. Lopez said of the concoction, which contains methadone, a drug used to treat opiate dependence. “These nurses that give it to me, they’re like my guardian angels.”


For the last six years, the Metropolitan Detention Center, New Mexico’s largest jail, has been administering methadone to inmates with drug addictions, one of a small number of jails and prisons around the country that do so.


At this vast complex, sprawled out among the mesas west of downtown Albuquerque, any inmate who was enrolled at a methadone clinic just before being arrested can get the drug behind bars. Pregnant inmates addicted to heroin are also eligible.


Here in New Mexico, which has long been plagued by one of the nation’s worst heroin scourges, there is no shortage of participants — hundreds each year — who have gone through the program.


In November, however, the jail’s warden, Ramon Rustin, said he wanted to stop treating inmates with methadone. Mr. Rustin said the program, which had been costing Bernalillo County about $10,000 a month, was too expensive.


Moreover, Mr. Rustin, a former warden of the Allegheny County Jail in Pennsylvania and a 32-year veteran of corrections work, said he did not believe that the program truly worked.


Of the hundred or so inmates receiving daily methadone doses, he said, there was little evidence of a reduction in recidivism, one of the program’s main selling points.


“My concern is that the courts and other authorities think that jail has become a treatment program, that it has become the community provider,” he said. “But jail is not the answer. Methadone programs belong in the community, not here.”


Mr. Rustin’s public stance has angered many in Albuquerque, where drug addiction has been passed down through generations in impoverished pockets of the city, as it has elsewhere across New Mexico.


Recovery advocates and community members argue that cutting people off from methadone is too dangerous, akin to taking insulin from a diabetic.


The New Mexico office of the Drug Policy Alliance, which promotes an overhaul to drug policy, has implored Mr. Rustin to reconsider his stance, saying in a letter that he did not have the medical expertise to make such a decision.


Last month, the Bernalillo County Commission ordered Mr. Rustin to extend the program, which also relies on about $200,000 in state financing annually, for two months until its results could be studied further.


“Addiction needs to be treated like any other health issue,” said Maggie Hart Stebbins, a county commissioner who supports the program.


“If we can treat addiction at the jail to the point where they stay clean and don’t reoffend, that saves us the cost of reincarcerating that person,” she said.


Hard data, though, is difficult to come by — hence the county’s coming review.


Darren Webb, the director of Recovery Services of New Mexico, a private contractor that runs the methadone program, said inmates were tracked after their release to ensure that they remained enrolled at outside methadone clinics.


While the outcome was never certain, Mr. Webb said, he maintained that providing methadone to inmates would give them a better chance of staying out of jail once they were released. “When they get out, they won’t be committing the same crimes they would if they were using,” he said. “They are functioning adults.”


In a study published in 2009 in The Journal of Substance Abuse Treatment, researchers found that male inmates in Baltimore who were treated with methadone were far more likely to continue their treatment in the community than inmates who received only counseling.


Those who received methadone behind bars were also more likely to be free of opioids and cocaine than those who received only counseling or started methadone treatment after their release.


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Google’s Rivals Say F.T.C. Antitrust Ruling Missed the Point





WASHINGTON — One of the more surprising conclusions drawn by the Federal Trade Commission when it dropped its nearly two-year antitrust investigation into Google last week was that Google, far from harming consumers, had actually helped them.







Alex Wong/Getty Images

Jon Leibowitz, right, the Federal Trade Commission chairman, speaking last week after the decision was announced.






But some critics of the inquiry now contend that the commission found no harm in Google’s actions because it was looking at the wrong thing.


Instead of considering harm to people who come to Google to search for information, Google’s competitors and their supporters say that the government should have been looking at whether Google’s actions harmed its real customers — the companies that pay billions of dollars each year to advertise on Google’s site.


In its reports, the F.T.C. did not detail how it defined harm or what quantitative measures it had used to determine that Google users were better off.


But interviews with people on all sides of the investigation — government officials, Google supporters, advocates for Microsoft and other competitors, and antitrust experts and economists — show that many of the yardsticks the commission used to measure its outcomes were remarkably similar to Google’s own. Not surprisingly, they cast Google in a favorable light.


At issue were changes that Google made in recent years to its popular search page. Google makes frequent adjustments to the formulas that determine what results are generated when a user enters a search. Currently, it makes more than 500 changes a year, or more than one each day.


Users rarely notice the changes in the formulas, or algorithms, that generate search results, but businesses do. If a change in the formulas causes a business to rank lower in the order of results generated by a search, it is likely to miss potential customers.


What customers are now seeing reflects changes in the format of Google results. For certain categories of searches — travel information, shopping comparisons and financial data, for example — Google has begun presenting links to its own related services.


People close to the investigation said that Google had presented the F.T.C. with the results of tests with focus groups hired by an outside firm to review different versions of a Google search results page. After Google acquired ITA, a travel search business, in 2011, it began testing a new way to display flight results.


The company asked test users to compare side-by-side examples of a results page with just the familiar 10 blue links to specialty travel sites with a page that had at the top a box containing direct links to airlines and fares.


People who reviewed the Google data said tests with hundreds of people showed that fewer than one in five users preferred the page with links only. Users said they liked the box of flight results, so Google reasoned that making the change was better for the consumer.


“There is a deep science to search evaluation,” Amit Singhal, a senior vice president who oversees Google’s search operation, said in an interview on Friday. “A lot of work goes into every change we make.”


But the changes were not better for companies or alternative travel sites that were pushed off the first page of results by Google’s flight box and associated links. By pushing links to competing sites lower, Google might be making things easier for people who come to it for free search. But it also is having a negative effect on competitors, shutting off traffic for those sites.


Drawing fewer customers as a result of Google’s free links, those competitors are forced to advertise more to draw traffic. And advertisers who aren’t competitors have fewer places to go to reach consumers, meaning Google can use its market power to raise advertising prices.


“There might be no consumer harm if Google eliminates Yelp,” said one Microsoft advocate, who spoke on the condition of anonymity because of the likelihood of further interactions with the F.T.C. “But advertisers certainly are harmed.”


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Syria President’s Defiant Words Dash Hopes for a Quick Peace


Agence France-Presse — Getty Images


In a battered neighborhood of Aleppo, Syria, residents propped up a masked and uniformed effigy of President Bashar al-Assad.







BEIRUT, Lebanon — Sounding defiant, confident and, to critics, out of touch with his people’s grievances, President Bashar al-Assad of Syria used his first public address in six months to justify his harsh crackdown, rally his supporters to fight against his opponents and inform on them — and leave in tatters recent efforts toward a political resolution to the country’s bloody civil war.




Mr. Assad offered what he called a peace plan, including a new cabinet, a new constitution to replace the one adopted just last year in a widely dismissed reform package, and talks with officially tolerated opposition groups. But he ruled out any negotiations with the armed Syrian opposition, and pointedly ignored its demands that he step down, making his proposal a nonstarter for most of his opponents.


He sounded much as he did at the start of the uprising 21 months ago, dictating which opposition groups were worthy and labeling the rest terrorists and traitors. He gave no acknowledgment that the rebels have come to control large parts of the north and east of the country, nor that many ordinary Syrians continue to demand change in the face of a crackdown that has laid waste to neighborhoods and killed tens of thousands, nor that even longtime allies like Russia have signaled that Mr. Assad may be unable to defeat the insurgency.


He even dismissed as foreign interference the mediation efforts of the United Nations envoy Lakhdar Brahimi, the senior Algerian diplomat who visited Damascus on Dec. 24, warning of national disintegration if the two sides did not negotiate a solution.


“Everyone who comes to Syria knows that Syria accepts advice but not orders,” Mr. Assad told a cheering, chanting crowd at the Damascus Opera House, on Umayyad Square in the center of the capital, where residents said the security forces were deployed heavily starting the night before.


“He doesn’t seem to have moved an inch since summer 2011,” said Yezid Sayigh, an analyst at the Carnegie Middle East Center in Beirut, noting that Mr. Assad gave “barely the slightest nod” to Mr. Brahimi’s proposals.


Coming after days of hints that Mr. Assad might at last be ready to negotiate, his defiant speech on Sunday promised trouble for both his friends and his enemies. Russia may find it harder to stave off international action against Syria, which it has done so far using its veto at the United Nations Security Council, as the chances for a political solution seem to recede.


Moreover, Mr. Assad’s defiance may prompt Mr. Brahimi to decline to continue his mission. That would present the “Friends of Syria,” the group of nations supporting the opposition — the United States and its Western allies, Turkey and some Arab countries — with an unpalatable choice: intervene more aggressively or risk allowing the conflict to drag on indefinitely.


“Assad is not letting the Friends of Syria off the hook by making it easy for them to declare victory and close the Syria file,” Mr. Sayigh said. “Now what will they do?”


The United Nations estimates that more than 60,000 people have died in the civil war, which began as a peaceful protest movement and turned into an armed struggle after security forces fired on demonstrators. Rebels have made gains in the north and east and in the Damascus suburbs, but Mr. Assad’s government has pushed back with deadly air and artillery strikes, and appears to be confident that it can hold the capital. Neither side appears ready to give up the prospect of military victory, though analysts say neither side is close to achieving it.


Mr. Assad’s defiant stance on Sunday “means we’re in for a long fight,” said Joshua Landis, a scholar on Syria and Mr. Assad’s minority sect, the Alawites, at the University of Oklahoma. “This is a dark, dark tunnel. There is no good ending to this. Assad believes he is winning.”


Victoria Nuland, the spokeswoman for the State Department, said in a statement that Mr. Assad’s speech was “yet another attempt by the regime to cling to power, and does nothing to advance the Syrian people’s goal of a political transition.” She said that even as Mr. Assad “speaks of dialogue, the regime is deliberately stoking sectarian tensions and continuing to kill its own people.”


Reporting was contributed by Hania Mourtada from Beirut; an employee of The New York Times from Damascus, Syria; Eric Schmitt from Washington; and Ellen Barry from Moscow.



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Preoccupations: Teaching Meditation Techniques to Organizations





IN 1972, I was a 30-year-old American traveling in India, with the smell of incense in my hair and mantras repeating in my ears. Back then, if you had told me that I would someday be training employees of corporate America to apply contemplative practices to help them become more successful, I would have said you’d been standing too long in India’s hot noonday sun.







Nancy Palmieri for The New York Times

Mirabai Bush is a co-founder and senior fellow at the Center for Contemplative Mind in Society, which offers meditation techniques to organizations.







Yet not long ago, I was standing in front of employees at Google in Mountain View, Calif. They were dutifully following my instructions to feel the sensations of their breath as it passed in and out of their nostrils, and learning how to send e-mail mindfully, by taking three deep breaths before hitting “send.”


I am a co-founder of the Center for Contemplative Mind in Society, a nonprofit organization that is now 16 years old, and we have undertaken a daunting task: to convince people in their workplaces that the simple meditation techniques developed 2,500 years ago by the Buddha might help increase productivity, reduce absenteeism and inspire greater creativity. We have introduced contemplative exercises that can reduce stress and heart rate and increase attention and awareness of self and others. We teach what we call “mindful listening,” so that a speaker is fully heard.


For our first project, we chose a large corporation in the Midwest whose C.E.O. knew one of our board members. We created a three-day, mostly silent retreat off site.


I encountered workers who were exhausted, overworked and stressed. They were curious whether these practices could help, but also skeptical. Before the retreat, several people said, in effect: “Stress got me where I am. I don’t want to lose my edge.”


I thought to myself: This won’t be easy; maybe they won’t even attend.


But they all showed up. First, I asked them to lie on the floor for a deep-relaxation exercise. They didn’t balk; instead, they followed my instructions to let go and relax their bodies. We also introduced mindfulness meditation, which we believe builds attention and insight and helps people become more kind and loving. We taught the practice of bringing our minds to our breath, noticing our breath, and returning to our breath each time the mind wanders off — a task that’s tougher than it sounds.


“This is the hardest thing I’ve ever done,” said the C.E.O., who had a brilliant mind and thousands of employees. But the participants learned how to bring their minds to a place that was calm and clear, a great place to begin thinking and making decisions. When it was over, all felt that it was helpful.


SINCE that first foray into the corporate world, we have worked with many other organizations. For a small group, we have had a big reach, working with high-profile organizations like Yale Law School, Hearst Publications and the Army. We’ve offered programs as diverse as one-hour introductions, four-day intensive retreats, and courses with six weekly sessions.


At first, resistance was everywhere, but so were the possibilities. A litigation lawyer thought that if he became more compassionate toward the opposition in his cases, he couldn’t be a zealous advocate for clients. But he found that being calm, clear and compassionate gave him better insights and better timing.


An environmental leader thought that if others knew he practiced meditation, they wouldn’t take him seriously — and would write him off as a tree-hugger without scientific rigor. Instead, he found that he became more resilient, and less overwhelmed by climate-change predictions, and that he collaborated better with colleagues.


Magazine editors thought that they would miss deadlines; in fact, they learned to focus on priorities and work better in teams to meet the deadlines in new ways. Data-driven Google engineers questioned the value of developing capacities that can’t be quantified, but many of them learned better ways to communicate. One engineer told me his wife had noticed a change in the way he listened to her. She asked him: “What happened to you?”


As we continue exploring the benefits of mindfulness for work, scientists are researching the effects of the practices on the brain. Neuroscientists have confirmed much of what we were experiencing: that meditation improves attention, reduces stress hormones, increases appreciation and compassion for others and helps us recover faster from negative information.


Personally, this work has made me feel more connected to the world. Watching the responses of so many people — from an economics professor to Army soldiers — I’ve come to believe that it’s a basic human need to be calm and clear, to be aware of ourselves and others, to be kind and collaborative, to be fully present in each moment.


It turns out that people work better when they are happy and feel aligned with their work. I know I do.


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Despite New Health Law, Some See Sharp Rise in Premiums





Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.







Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.







Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.


In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.


 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.


The proposed increases compare with about 4 percent for families with employer-based policies.


Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.


The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.


New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.


The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.


Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.


“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.


While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.


The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.


Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.


“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.


Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.


“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.


As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.


Read More..

Despite New Health Law, Some See Sharp Rise in Premiums





Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.







Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.







Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.


In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.


 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.


The proposed increases compare with about 4 percent for families with employer-based policies.


Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.


The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.


New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.


The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.


Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.


“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.


While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.


The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.


Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.


“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.


Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.


“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.


As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.


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