Court Strikes Down Payments to College Athletes – By MARC TRACY and BEN STRAUSS SEPT. 30, 2015

In 2009, Ed O’Bannon, a former U.C.L.A. basketball star, sued the N.C.A.A. for using his name and image in television broadcasts and video games. Credit Isaac Brekken for The New York Times

The N.C.A.A. may restrict colleges from compensating athletes beyond the cost of attendance, a three-judge panel of the United States Court of Appeals for the Ninth Circuit ruled on Wednesday in an apparent victory for the college sports establishment as it fights back efforts to expand athletes’ rights.

The ruling upheld a federal judge’s finding last year that the N.C.A.A. “is not above antitrust laws” and that its rules have been too restrictive in maintaining amateurism. But the panel threw out the judge’s proposal that the N.C.A.A. pay athletes $5,000 per year in deferred compensation, stating that limiting compensation to the cost of attendance was sufficient.

(Cost of attendance, typically several thousand dollars more than a traditional scholarship, accounts for additional demands like traveling to and from home and paying cellphone bills.)

“Today, we reaffirm that N.C.A.A. regulations are subject to antitrust scrutiny and must be tested in the crucible of the Rule of Reason,” the appeals panel wrote in what is known as the O’Bannon case.

Ninth Circuit Court of Appeals O’Bannon Case Ruling

A three-judge panel upheld a federal judge’s finding last year that the N.C.A.A. “is not above antitrust laws,” but the panel also threw out the judge’s proposal that N.C.A.A. members should pay athletes $5,000 per year in deferred compensation.

“In this case,” it added, “the N.C.A.A.’s rules have been more restrictive than necessary to maintain its tradition of amateurism in support of the college sports market. The Rule of Reason requires that the N.C.A.A. permit its schools to provide up to the cost of attendance to their student-athletes. It does not require more.”

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Refineries must monitor air quality in nearby communities, EPA says – by Renee Lewis September 29, 2015 5:00PM ET

Screen Shot 2015-09-30 at Sep 30, 2015 9.25

The Environmental Protection Agency (EPA) on Tuesday released its first-ever rule requiring petroleum refineries to monitor air pollution in surrounding residential communities — a move that could lower the cancer risk from toxic emissions for more than one million Americans.

Levels of air pollutants including benzene, a known human carcinogen, are often higher in areas near oil refineries. They can cause respiratory problems and other serious health issues and are seen as a factor in the increased risk of cancer, according to an EPA statement announcing the new requirement.

Firms will be required to monitor emissions in so-called ‘fence-line’ zones — areas near heavy industry and deemed to be at highest risk from accidents. Such areas are often disproportionately poor and with a higher proportion of residents from minority communities.

“These updated Clean Air Act standards will lower the cancer risk from petroleum refineries for more than 1.4 million people and are a substantial step forward in EPA’s work to protect the health of vulnerable communities located near these facilities,” EPA Administrator Gina McCarthy said in the release.

The rule is a first for requiring continuous monitoring in fence-line communities and a first in mandating action to be taken if air quality standards were not met, McCarthy said.

The monitors must encircle refineries and be able to detect benzene at very low levels. The data must be posted on the EPA’s website. The rule will also “virtually eliminate” emissions from visible flares and pressure release devices, the EPA added.

Storage tanks and delayed coking units, some of which had no previous required controls, will be subject to emission reductions under the new rule, the EPA said.

Fence-line communities closest to refineries and other chemical plants are not only most at risk from pollution, but also see their home values degraded by the industrial activity. Some activists allege that companies intentionally locate their plants in economically deprived areas because they know residents don’t have the resources to put up a fight.

One such community is Boynton, in southwestern Detroit, Mich. — which abuts an expanding refinery operated by Ohio-based firm Marathon. Smoke stacks dwarf the close-knit, majority black neighborhood and a strong odor permeates the area, residents say.

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What’s Holding Women Back in the Workplace? – By NIKKI WALLER AND JOANN S. LUBLIN September 30, 2015

Despite support at the top, gender equality is a long way off at most U.S. companies. A study by Lean In and McKinsey reveals why—and what employees and companies can do about it.

A new LeanIn.Org and McKinsey & Co. study on Women in the Workplace finds that corporate diversity initiatives aren't helping women break the glass ceiling. WSJ's Shelby Holliday takes a closer look at the reasons why and other key takeaways from the data. Photo: iStock/Getty Images

A new LeanIn.Org and McKinsey & Co. study on Women in the Workplace finds that corporate diversity initiatives aren’t helping women break the glass ceiling. WSJ’s Shelby Holliday takes a closer look at the reasons why and other key takeaways from the data. Photo: iStock/Getty Images

Why aren’t there more women in the upper ranks of corporate America?

Cue the broken record: Women rein in career plans to spend more time caring for family. What’s more, they are inherently less ambitious than men and don’t have the confidence that commands seats in the C-suite.

Not so fast.

Something else is happening on the way to the top. Women aren’t abandoning their careers in large numbers; motherhood, in fact, increases their appetite for winning promotions; and women overall don’t lack for ambition and confidence that they can take on big jobs. Yet when asked whether they want a top role in their companies or industries, a majority of women say they would rather not grab the brass ring.

Those are the findings of a major new study of women in the workplace conducted by LeanIn.Org and McKinsey & Co. The research, which gathered data on promotions, attrition and trajectories from 118 companies and surveyed nearly 30,000 men and women, is among the largest efforts to capture attitudes and data about working women. The study involved major North American companies and North American units of global ventures headquartered elsewhere. It reveals sharply different views of the workplace, in which women say they experience a playing field at work that is anything but level.

Roughly equal numbers of men and women say they want to be promoted—78% and 75%, respectively. But as men’s desire for big jobs intensifies in the course of their careers, only 43% of women said they want to be a top executive, compared with 53% of men. Perhaps most startling, 25% of women feel their gender has hindered their progress, a perception that grows more acute once women reach senior levels.

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Cloning Your Dog, For A Mere $100,000 – Rob Stein SEPTEMBER 30, 2015 6:33 AM ET

Ken (left) and Henry were created using DNA plucked from a skin cell of Melvin, the beloved pet of Paula and Phillip Dupont of Lafayette, La.

Ken (left) and Henry were created using DNA plucked from a skin cell of Melvin, the beloved pet of Paula and Phillip Dupont of Lafayette, La.

It’s a typical morning at the Dupont Veterinary Clinic in Lafayette, La. Dr. Phillip Dupont is caring for cats and dogs in the examining room while his wife, Paula, answers the phone and pet owners’ questions. Their two dogs are sleeping on the floor behind her desk.

“That’s Ken and Henry,” Paula says, pointing to the slim, midsize dogs with floppy ears and long snouts. Both dogs are tan, gray and white, with similar markings. “I put a red collar on Ken and a black collar on Henry so I can tell who’s who.”

Ken and Henry are genetically identical, though not exact replicas. They’re clones of the Duponts’ last dog, Melvin — created when scientists injected one of Melvin’s skin cells, which contained all of his DNA, into a donor egg that had been emptied of its original DNA.

Ken and Henry are two of only about 600 dogs that have been cloned since scientists at Sooam Biotech, a suburban company near Seoul, South Korea, developed the technology to create cloned canines.

The Duponts sat down with Shots to explain why they decided to clone Melvin.

Two years ago, Paula and Phillip Dupont paid $100,000 to have their mutt Melvin cloned by a laboratory in South Korea. They are so pleased with the results they may do it again.

Two years ago, Paula and Phillip Dupont paid $100,000 to have their mutt Melvin cloned by a laboratory in South Korea. They are so pleased with the results they may do it again.

“He was different,” says Phillip Dupont. “Of all the dogs I had, he was completely different.”

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That Big Security Fix for Credit Cards Won’t Stop Fraud – KIM ZETTER 09.30.15. 8:00 AM

Tomorrow is the deadline that Visa and MasterCard have set for banks and retailers across the US to roll out a new system for more secure bank cards with microchips embedded in them.

Over the last few years, card issuers have spent between $200 million and $800 million to distribute new debit and credit cards to accountholders, while large retailers like Target, Home Depot and Walmart have spent more than $8 billion to install new card readers capable of reading the chips.

Despite this effort, retailers say the new system is highly flawed because instead of issuing the so-called chip ‘n’ PIN cards that offer two-factor authentication, banks and other card issuers are distributing chip ‘n’ signature cards, which thieves can easily undermine.

“Chip and PIN has been proven to combat fraud dramatically,” says Brian Dodge, executive vice president of the Retail Industry Leaders Association. “But that’s not what American consumers are getting, and thus far banks have gone to great lengths to blur the lines between the two distinctly different transactions.”

Even with PINs, however, the new technology will not eliminate fraud, but will simply shift the type of fraud that occurs.

The Hope of a More Secure System

The new technology—called EMV for Europay, MasterCard and Visa—consists of cards with a microchip that contains data traditionally stored in the card’s magnetic strip. These work with new point-of-sale readers that scan the chip and process payment transactions in a secure manner using encryption.

The chip reduces fraud because it contains a cryptographic key that authenticates the card as a legitimate bank card and also generates a one-time code with each transaction. This means thieves can’t simply take account numbers stolen in a breach and emboss them onto the magnetic strip of a random card, or program them onto the chip of a random chip card, to make fraudulent purchases at stores or unauthorized withdrawals at ATMs.

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House Republicans Are Quietly Advancing Their Next Tactic To Dismantle Obamacare




Reproductive health care policy has captivated the national conversation, thanks to Republican lawmakers threatening a government shutdown over Planned Parenthood funds and planning congressional inquiries into the national women’s health organization. But these issues have, perhaps intentionally, overshadowed another legislative move in the health care arena.

On Tuesday, House Republicans quietly advanced a strategic bill gutting key parts of the Affordable Care Act — a move that could lay the groundwork for a future Obamacare attack if a Republican wins the presidency in 2016.

Legislation seeking to repeal Obamacare is far from novel; the House has voted on over 50 similar bills in the past, most dying in the Senate. But this specific measure may have a better chance of advancing further. That’s because it relies on a complex strategy to get around a potential Democratic filibuster in the Senate.

Using a method called “reconciliation” that allows tax-related measures to be fast-tracked to the president’s desk, GOP lawmakers can dodge the Senate by slashing the budgetary pieces of Obamacare. This complicated workaround wouldn’t repeal Obamacare outright. However, it would eliminate the central policy that the Affordable Care Act is founded on: The individual mandate that requires Americans to purchase health insurance, which was ruled a “tax” when it was upheld by the Supreme Court in 2012.

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Tesla’s Model X Shows an SUV Can Go All-Electric – By Benjamin Hulac and ClimateWire | September 30, 2015

Tesla Motors Inc. frontman Elon Musk unveiled the company’s Model X sport utility vehicle in California last night.



The midsized crossover and newest option in the electric automaker’s lineup has several new selling points—a HEPA filter, blazing acceleration, agile “falcon wing” doors, a low center of gravity that reduces rollover risk, a panoramic windshield and the highest crash safety rating federal regulators can give—as well as an old marketing problem: price.

The high-end Model X, the Signature version, which Musk rolled out last night, is expected to cost between $132,000 and $144,000, well outside most buyers’ range. The company has said it will eventually produce a less-expensive version.

Tesla will reveal the Model 3, the $35,000 baseline sedan, in March 2016, at which point customers will be able to pre-order the cars, Musk announced earlier this month. Production on the Model 3 will begin in 2017, he said.

“The mission of Tesla is to accelerate the advent of sustainable transport,” Musk, the chairman and CEO of Tesla, told several thousand people at the firm’s Fremont, Calif., plant last night.

“It’s important to show that any type of car can go electric,” he said. With the Roadster and the Model S, upstart car company Tesla, the first U.S. firm in the industry to go public since Ford Motor Co. in 1956, proved electric sports cars and sedans can work and belie the idea that eco-friendly cars are sluggish.

“Now we’re going to show that you can do it with an SUV,” Musk said.

Another Model X feature, “which is kind of topical,” Musk said to chuckles from the audience, “is air safety.”

The Model X has the first “true” high-efficiency particulate air (HEPA) filter of any car, he said. “Now, we designed the car well before recent events,” Musk added in an allusion to the recent Volkswagen AG emissions scandal.

A few customers, who had made early reservations for the car, drove home Model Xs after the debut event ended. An estimated 25,000 customers have pre-ordered the car, already two years behind schedule, and deliveries are expected to trickle out slowly.


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