Friday, June 29, 2012

Shed fear, invest in Afghan opportunity: India

NEW DELHI: India on Thursday unveiled its vision of promoting economic rejuvenation and stability of Afghanistan by asking companies from the region to invest in that country in the spirit of solidarity, despite the risks, and called for CEOs to replace generals to lead the country's reconstruction.

"We need to offer a narrative of opportunity to counter the anxiety of withdrawal, uncertainty, instability and foreign interference," External affairs minister SM Krishna told the first regional conclave organised in India to encourage private sector investment in Afghanistan.

"India will continue to pursue its vision to stabilize Afghanistan through trade and investment and regional cooperation," he said while jointly inaugurating the conclave with his Afghan counterpart Zalmai Rassoul.

"We invite international investors and regional countries to join in this vision for Afghanistan individually or in partnership with others," he said.

Afghanistan robustly backed this approach. "I believe greater investments results in increased economic national activities in any country including, but not limited to, additional revenues, job creation, income generation opportunities which in turn leads to increased prosperity and service delivery," said Rassoul.

Over 80 Afghan companies, 130 Indian companies and 70 international companies from 33 countries, including Pakistan, China, Iran and the Gulf countries, participated in the summit. The Afghan delegation included five senior ministers, including Rassoul, commerce and industry minister Anwar-ul-Haq Ahady, finance minister Hazrat Omar Zakhilwal, minister of mines Wahidullah Shahrani and agriculture minister Mohd. Asef Rahimi.

The recommendations of the day-long investment conclave will be submitted as a framework at the Tokyo Conference July 8 where international donors will pledge funds for Afghanistan after international troops leave the violence-torn country in 2014.

The key recommendations of the summit included providing the private sector investment protection and risk mitigation, providing incentives for investing in Afghanistan, and the creation of an international fund for SMEs.

The conclave identified key sectors for investment in Afghanistan that included natural resources, manufacturing, infrastructure, agriculture, IT and telecommunications.

Acknowledging the security concerns of businesses about risks of investment in Afghanistan in the run-up to the phased withdrawal of international troops by 2014, Krishna exhorted the companies from the region to act in solidarity, saying if companies invest together and in numbers, they will all benefit from the collective security of venturing together.

"Investments can provide that hope for employment, training and opportunity for the future. We encourage our industries to venture into Afghanistan in numbers together with Afghan partners," he said.

"We feel that foreign investment and domestic private sector development, both small and large scale, can play that role. Let the grey suits of company executives take the place of olive green or desert brown fatigues of soldiers; and chief executive officers, the place of (military) generals," he said.

"They can also play a larger stabilizing role," he added.

Noting that the military withdrawal should not result in a political or security vacuum that will be filled by extremists once again, the Indian minister said there should be "something productive" in its place.

"This vision requires international support in the form of institutional finance and foreign investment," he said, recognising the presence of representatives from the World Bank, Asian Development Bank and other international financial institutions at the day-long event.

Dispelling security fears, senior ministers from Afghanistan assured Indian investors a business-friendly environment and said there are 17 key sectors, including mines, cement, steel and agriculture, in which they can invest and reap good returns.

"Please don't write off Afghanistan. We are willing to pay personal attention to facilitate your investment in our country," Commerce and industry minister Anwar-ul-Haq Ahady here.

"We allow 100 percent foreign ownership of enterprises, easy repatriation of profits, treat foreign investors identical to domestic ones, and we allow accelerated depreciation," said Ahady.

Commerce and industry minister Anand Sharma described Afghanistan as a country close to India's heart and said Indian companies will be offering cutting-edge technologies and expertise for the reconstruction of Afghanistan.

He also announced that he would soon lead an Indian business delegation to Afghanistan, in a bid to enhance economic engagements between the two countries.

"The visit will happen soon. Officials of the two countries will work out the dates," Sharma told reporters on the sidelines of the Delhi Investment Summit on Afghanistan here.

Source: http://rss.feedsportal.com/c/33039/f/555218/p/1/s/78302a9a/l/0Ltimesofindia0Bindiatimes0N0Cbusiness0Cindia0Ebusiness0CShed0Efear0Einvest0Ein0EAfghan0Eopportunity0EIndia0Carticleshow0C144712810Bcms/story01.htm

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Thursday, June 28, 2012

Nora Ephron: What Projects Was She Working On?

Though the late Nora Ephron became increasingly ill during her final months due to her battle with leukemia, the famed writer-director had two major projects lined up that would have likely pleased long-time fans of her work. While she wasn't currently in production on either of the films when she passed, both were in the [...]

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Google Now Comes Online (Well, Its Homepage Does)

googlenowGoogle Now, the smart personal search assistant announced yesterday at Google I/O, has now come online. Well, the landing page for the service has come online, that is. The new site introduces the key aspects to Google Now, which arrives in Google's next mobile operating system, Android 4.1 (aka Jelly Bean), including its ability to track flights, keep an eye on traffic and your calendar, check sports scores and weather, see suggested places nearby, and more.

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Patience: what it takes to build a strong step-family - Family & Home ...

DIVORCE, they say, is hardest on the kids. But putting the children first when you're embroiled in the hurt, betrayal and insanity of a long-term break-up, is even harder when they're not biologically yours.

Jim Carrey was criticised by his former long-term girlfriend Jenny McCarthy for losing contact with her son.

The model and actress, with whom Carrey split in 2010, claims Evan (10) who suffers from autism, has been in therapy to cope with separation from his former stepfather Carrey, who has denied that McCarthy directly invited him to stay in touch with the boy.

Step-parenting is a tricky business under even the most Brady Bunch of circumstances. But when a relationship goes awry, how best to attend to the needs of a child who has probably depended on you and been told to love you, but who is not your flesh and blood, and to whom you have no legal obligations after a split, is a minefield.

It can take years to "blend" families; with children belonging to different partners, grown-up offspring, new babies and the grandparents, aunties and uncles that come with them. Difficulties between parents and children who are not related by blood are among the key causes of relationship breakdowns.

But when this happens (and assuming the adults don't then declare themselves celibate), the complications seem to perpetuate themselves. Divorce rates among those already divorced have been consistently high for the last decade.

"What the marriage and divorce statistics don't take into account is the high number of co-habiting couples who then split up," says Christine Northam, of Relate. "Children grieve for the loss of their home as they know it. Parents need to be very mindful of what they are doing."

A child's natural loyalty to a biological parent who has been replaced by a new spouse is just one of the many complicated problems that can influence daily lives in a step household.

The arrival of new children who might have to suddenly share rooms, toys and attention will undoubtedly upset the order of things -- and can produce tension.

Parents who have done it will tell you it takes the resilience, stamina and patience of a saint to create a functional step-family.

Interior designer Kelly Hoppen is stepmum to the actress Sienna Miller, despite having divorced her father years ago.

They appear at glitzy events together, Sienna having recently supported the launch of stepsister Natasha Corrett's new cookery book, and Hoppen publicly confirmed Miller's pregnancy earlier this year.

Pop singer Peter Andre and model Katie Price divorced in 2009 after four and half years of marriage.

They have a son and daughter together and Andre has been vocal about his continued relationship with Price's disabled eldest son, Harvey (10) whom she had by footballer Dwight Yorke.

Andre dedicated 2010 single Unconditional to Harvey and has paid money into a trust fund for the boy.

And the actress Demi Moore's daughter, Rumer, appears to be feeling her way towards a continuing relationship with her former stepfather, Ashton Kutcher, to whom she was very close when he was married to her mother, despite the difficult nature of the break-up.

Resilience

Northam warns against underestimating the impact a step-parent may have had on a child's life.

"I would always recommend, if possible, maintaining a relationship with a child, even if it's limited to a cup of tea every so often," she says.

"Parents and step-parents need to be as honest as they can with their families. Don't shroud it all in mystery. Give children age-appropriate information. If you can do it together that can be very helpful because it shows the child you can co-operate on their behalf."

hnews@herald.ie

- Matilda Battersby

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Jelly Bean, Android 4.1 revealed by Google, rolling out in mid July

It's seems like only yesterday we were all crowded around our laptops, watching a live stream and getting amped for Ice Cream Sandwich. Truth is, that was six months ago now and, while most of the Android running public still hasn't been blessed with 4.0, it's already time to make the leap to 4.1. Today Google officially took the wraps off Jelly Bean, the next evolution of its mobile platform and while its not quite the revolutionary shift that was Gingerbread to ICS, it still marks an important improvement for the ecosystem. One of the biggest features is Project Butter, a deep diving effort to improve performance and response time. The whole system hums along at 60fps now, and while the difference of a few miliseconds might sound like small potatoes, it becomes glaringly apparently the moment you run Jelly Bean next to an ICS device. Animations are smoother and quicker. The CPU immediately ramps up the moment a touch is detected to ensure speedy response.

The home screen has also been tweaked, adding some nice features like dynamically resizing widgets, so you no longer have to place it, resize it then move it to where you want if there isn't enough room. If there is room, but you app icons are merely in the way, the widget will automatically push them to the side. And, in a nice slick touch, apps and widgets can be removed by flicking them off the screen. Another extremely welcome touch is the addition of offline voice input. Now you can tap the microphone and dictate a message even with the phone in airplane mode.

The camera app, which was already a highlight of ICS, has gotten even better in 4.1. Now, the gallery is slickly integrated, allowing you to quickly pull up the photo you just took with a swipe to the left. You can keep swiping through your images or even pinch to zoom out and view all your images in a filmstrip view. Deleting images is as simple as swiping a pic off the screen and, if you've manage to accidentally removed one, a quick tap of the undo button restores it. And, speaking of images, you can now share them and video using Google Beam, and Android now supports pairing with Bluetooth devices with the assistance of NFC.

Continue reading Jelly Bean, Android 4.1 revealed by Google, rolling out in mid July

Jelly Bean, Android 4.1 revealed by Google, rolling out in mid July originally appeared on Engadget on Wed, 27 Jun 2012 12:41:00 EDT. Please see our terms for use of feeds.

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Wednesday, June 27, 2012

Vizio announces its $99 Co-Star Google TV set-top box, with OnLive gaming included

Vizio Co-Star Google TV box

Vizio this morning announced its Google TV set-top box. Dubbed Co-Star Stream Player (Vizio really could have stopped at "Co-Star"), the $99 box has all the features we've come to know and love from Google TV. And as an added bonus, Vizio has thrown in OnLive gaming. A universal remote and Bluetooth keyboard around things out nicely.

Aside from all the usual services, we're still waiting to hear exactly what's powering this thing.

The Co-Star Stream Player will be available for preorder in July at Vizio's website, with free shipping for a limited time.

More: Co-Star specs

read more



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WSJ: News Corp considering splitting into two

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Tuesday, June 26, 2012

Health plus ny - HEALTH, BEAUTY & FITNESS

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Dunbar v. Jackson Hole Mountain Resort ... - Recreation Law

Dunbar v. Jackson Hole Mountain Resort Corporation, 2004 U.S. App. LEXIS 25807

Camie R. Dunbar and Douglas Dunbar, Plaintiffs-Appellants, v. Jackson Hole Mountain Resort Corporation, a Wyoming Corporation, Defendant-Appellee.

No. 03-8057

United States Court of Appeals for the Tenth Circuit

2004 U.S. App. LEXIS 25807

December 14, 2004, Filed

Prior History: [*1] Appeal from the United States District Court for the District of Wyoming. (D.C. No. 02-CV-123D).

Disposition: Reversed.

Counsel: Robert E. Schroth Sr. (Robert E. Schroth Jr. and W. Keith Goody, with him on the briefs), Jackson, Wyoming, for Plaintiff-Appellant.

Mikel L. Moore (James K. Lubing, Jackson, Wyoming, with him on the brief), Christensen, Moore, Cockrell, Cummings & Axelberg, P.C., Kalispell, Montana, for Defendant-Appellee.

JUDGES: Before SEYMOUR, HENRY, and LUCERO, Circuit Judges.

OPINION BY: LUCERO

OPINION: LUCERO, Circuit Judge.

While skiing at the Jackson Hole Mountain Ski Resort, Camie Dunbar fell approximately twelve feet into a snowboard half-pipe, suffering severe injuries for which she alleges negligence on the part of Jackson Hole. At the time of her accident, Dunbar was attempting to exit a specially designated ski and snowboard terrain park. Finding that Jackson Hole did not owe Dunbar a duty of care for risks inherent to her chosen recreational activity under the Wyoming Recreational Safety Act, the district court granted summary judgment for the resort. Dunbar now appeals, arguing that the risks inherent to alpine skiing do not include the risk of falling into the side of a snowboard [*2] half-pipe when following a Jackson Hole employee?s instructions on how to exit the terrain park. We exercise jurisdiction under 28 U.S.C. ? 1291 and REVERSE.

I

In March 2001, Camie Dunbar suffered the stated injuries when she skied off a snow ledge in a specially designed ?terrain park? at the Jackson Hole Mountain Resort in Jackson Hole, Wyoming. A 33-year-old self-described intermediate skier from South Florida, Dunbar skied into the terrain park area with other members of her group who were part of a promotional ski trip sponsored by her employer Clear Channel Communications.

Containing various man made features such as a table top jump and a snowboard half-pipe, the Jackson Hole terrain park is designed for advanced skiers and snowboarders who choose to recreate in a very challenging risk-filled environment. The terrain park is separated by a fence and a boundary rope from an intermediate ski run. To enter the terrain park, skiers must pass through a gate marked with a warning sign, alerting them that they are entering an advanced ski area where ?serious injuries, death, and equipment damage can occur.? At the time of the accident, the terrain [*3] park had been relocated to its position in an intermediate ski run, and did not appear on the Resort?s trail maps.

On the last day of her trip, Dunbar, along with Dave Dresher and Mike Jennings, went up the mountain intending to ?investigate? the terrain park. In proceeding down an intermediate ski run, they skied through an initial gate providing a warning sign that they were entering a double black diamond ?terrain feature trail.? After stopping adjacent to a red tram car which served as the office for the ?pipe and park? crew who were responsible for maintenance of the terrain park, Dunbar observed other skiers and snowboarders maneuver various features in the terrain park.

Based on their observations, Dunbar and her companions decided that they did not want to try any of the features. In her deposition, Dunbar attested to thinking ?this is my last day [and] I want to go home in one piece.? She stated that she did not know that there was a snowboard half-pipe in the terrain park, and believed instead that the area included only the jumps she observed from the red gondola. There is no suggestion by either party that Dunbar intended to jump any of the terrain jumps or intended [*4] to try her hand at stunts as a skier in a snowboard half-pipe. Having decided that she did not want to ski any of the double-black diamond features, she asked a Jackson Hole employee how to exit that area ?if you don?t want to take this terrain park.? She was told either to take off her skis and hike back to the gate through which she had entered or to proceed in the direction of a ?catwalk? to which the employee pointed.

Unbeknownst to Dunbar, the ?catwalk? led to a side entrance to the snowboard half-pipe.

Ms. Dunbar along with her companions skied along the ?catwalk.? Although it is a matter of some dispute between the parties, in order to proceed down the catwalk, skiers had to pass warning signs indicating that they were approaching a snowboard half-pipe area. Both Dunbar and her companions claim not to have noticed the signs. Dunbar and Jennings went along the catwalk, up an incline, across a flat deck, and fell approximately twelve feet into the half-pipe.

Jennings managed to maneuver his snowboard in such a way as to avoid injury.

Dunbar was not so fortunate. As a consequence of her fall into the half-pipe, she suffered severe injuries to her pelvis and thigh requiring surgery [*5] and intensive physical therapy. Dunbar testified that she will neither be able to return to her pre-injury range of motion, nor will she be capable of having a natural childbirth as a result of the injury to her hip.

Asserting that Jackson Hole?s negligence caused her injuries, Dunbar filed suit in district court. Jackson Hole filed a motion for summary judgment and a motion to strike portions of Dunbar?s affidavits as attempts to create sham factual issues in order to survive summary judgment. The district court granted both motions for Jackson Hole on the basis that portions of Dunbar?s affidavit were inconsistent with her deposition testimony. Dunbar now appeals.

II

We review a grant of summary judgment de novo, applying the same legal standards as the district court pursuant to Fed. R. Civ. P. 56(c). Chickasaw Nation v. United States, 208 F.3d 871, 875 (10th Cir. 2000). Summary judgment is appropriate ?if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled [*6] to judgment as a matter of law.? Fed.R.Civ.P. 56(c). We must look carefully to determine if existing factual disputes are material, because ?only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.? Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). A court may not grant summary judgment when ?a material fact is ?genuine,? that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.? Id. When the moving party has informed the district court of the basis for its motion, however, a nonmoving party may not stand merely on its pleadings, but must set forth ?specific facts showing that there is a genuine issue for trial.? Celotex Corp. v. Catrett, 477 U.S. 317, 324, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986) (citing Fed.R.Civ.P. 56(e)). In our application of this standard, we view the evidence and draw reasonable inferences therefrom in the light most favorable to the nonmoving party. Simms v. Oklahoma ex rel. Department of Mental Health & Substance Abuse Servs., 165 F.3d 1321, 1326 (10th Cir. 1999). [*7] Furthermore, as a federal court sitting in diversity, we must ascertain the applicable Wyoming law as announced by the Wyoming Supreme Court so that the substantive law applied in federal court does not differ from what would apply in state court. Wood v. Eli Lilly & Co., 38 F.3d 510, 512 (10th Cir. 1994).

A

To protect providers of recreational sports and activities from liability for alpine skiing, equine activities, and other outdoor pursuits in the state, the Wyoming legislature limited their duty of care by enacting the Wyoming Recreation Safety Act. Wyo. Stat. Ann. ? 1-1-121 et. seq.; see Sapone v. Grand Targhee, Inc., 308 F.3d 1096, 1101 (10th Cir. 2002). As a matter of common law, in order to prevail in a negligence action, a plaintiff would first have to demonstrate that the defendant owed her a duty to act with reasonable care. See, e.g., Erpelding v. Lisek, 2003 WY 80, 71 P.3d 754, 757 (Wyo. 2003). The Safety Act is designed to limit the duty a provider of recreational sports and activities owes to participants.

Under the Safety Act, a provider of a recreational opportunity has no duty [*8] to protect participants from ?inherent risks? of the particular sport or recreational opportunity. Wyo. Stat. Ann. ? 1-1-123. In relevant part, the act provides:

(a) Any person who takes part in any sport or recreational opportunity assumes the inherent risks in that sport or recreational opportunity, whether those risks are known or unknown, and is legally responsible for any and all damage, injury or death to himself or other persons or property that results from the inherent risks in that sport or recreational opportunity.

(b) A provider of any sport or recreational opportunity is not required to eliminate, alter or control the inherent risks within the particular sport or recreational opportunity.

? 1-1-123. Wyoming defines inherent risks as ?those dangers or conditions which are characteristic of, intrinsic to, or an integral part of any sport or recreational opportunity.? Wyo. Stat. Ann. ? 1-1-122(a)(i). Wyoming further defines ?Sport or recreational opportunity? as meaning ?commonly understood sporting activities,? which include ?alpine skiing.? ? 1-1-122(a)(iii). Thus, for example, a provider of an [*9] alpine skiing opportunity will not be liable for a duty of care with regard to dangers that are ?characteristic of? or ?intrinsic to? or ?an integral part? of the sport of alpine skiing. However, the act does provide for a cause of action based on the negligence of the recreational opportunity provider when the injury is not the result of an inherent risk of the sport or recreational opportunity: ?Actions based upon negligence of the provider wherein the damage, injury or death is not the result of an inherent risk of the sport or recreational opportunity shall be preserved.

. . .? ? 1-1-123(c). Thus, whether a recreation provider owes its patrons a duty of care depends entirely on whether the specific risks can be characterized as inherent to the sport or activity.

What is inherent to a sport or activity, however, is far from self-evident. In Sapone, we defined ?inherent? under the Wyoming Safety Act as either ??those risks which are essential characteristics of a sport and those which participants desire to confront,? or they are undesirable risks which are simply a collateral part of the recreation activity.? Sapone, 308 F.3d at 1103 (citation omitted). We [*10] have further defined a risk that is not inherent as ?a risk that was atypical, uncharacteristic, [and] not intrinsic to the recreational activity. . . .? Id. at 1104. Although equine activities are among those the Wyoming legislature clearly meant to protect, and although horseback riding indubitably involves inherent risks, we have concluded, following the Wyoming Supreme Court, that not all risks of horseback riding are inherent risks. Cooperman v. David, 214 F.3d 1162, 1167 (10th Cir. 2000); Halpern v. Wheeldon, 890 P.2d 562, 566 (Wyo. 1995). Some risks may occur from the choices a recreation provider makes on behalf of the participant and from the conditions in which the recreational opportunity is provided. Thus, atypical or uncharacteristic risks can arise even in those specific sports the Wyoming legislature clearly intended to exempt from liability for inherent risks.

Following the Wyoming Supreme Court in Halpern, we have held that ?where genuine issues of material fact exist, the determination of whether something is or is not an inherent risk is a factual question that must be sent to the jury for determination.? [*11] Sapone, 308 F.3d at 1102.

As a preliminary matter, what sport or activity characterizes Camie Dunbar?s behavior is a matter of considerable dispute. Most generally, she was engaged in alpine skiing ? a sport clearly covered by the Safety Act. If we were to analyze the risk at this level of generality, then it would certainly appear that falling twelve feet into a trench in the middle of an intermediate ski-run would decidedly not constitute an inherent risk of alpine skiing. Such a level of generality, however, is not appropriate. To determine what risk is inherent to Dunbar?s activity, we must go beyond a broad characterization and inquire into the specific circumstances of both her actions and those of the recreation provider.

When the Cooperman court examined the risks of horseback riding in the context of the specific facts of that case, for example, it employed a different analytical framework than if it had merely asked the abstract question whether falling off a horse is an inherent risk of horseback riding. Cooperman, 214 F.3d at 1167. Because a determination of what risks are inherent to a sport or activity may change by descriptive [*12] differences, we have stated that ?when attempting to determine whether a risk is inherent to a sport, we can not look at the risk in a vacuum, apart from the factual setting to which the [participant] was exposed.? Cooperman, 214 F.3d at 1167. Instead, we must analyze the risk ?at the greatest level of specificity permitted by the factual record.? Id. As an example of this principle, we have explained:

If the only fact presented to the court is that the horse bucked while the rider was properly sitting on the horse, we would frame the duty question as whether a bucking horse is an inherent risk of horseback riding. However, if the facts established that the owner of the horse lit firecrackers next to the horse and the horse bucked, we would ask whether a horse bucking when firecrackers are lit next to the horse is an inherent risk of horseback riding. Id.

For instance, in Cooperman, we determined that the risk of a slipping saddle, in light of the lack of scientific precision in hand cinching, is inherent to horseback riding. Id. at 1168. However, in Sapone, we concluded that a child sustaining injuries when falling [*13] from the saddle during a trail-riding lesson was not an inherent risk when there was evidence that the horse was too large, that the instructions were inadequate, that no headgear was provided, and that the route was too dangerous. Sapone, 308 F.3d at 1104. Similarly, in Madsen v. Wyoming River Trips, Inc., 31 F. Supp. 2d 1321, 1329 (D. Wyo. 1999), the district court determined that the risks inherent to white-water rafting did not include risks of injury resulting from the recreation provider?s overcrowding the boat. See also Carden v. Kelly, 175 F. Supp. 2d. 1318, 1329 (2001) (finding a genuine issue of material fact whether, given the actions and inactions of the recreation provider, a horse?s stumbling and falling was an inherent risk of horseback riding).

In the present case, the district court?s order hinged on a determination of where Ms. Dunbar was located when she made her choice to proceed down the catwalk. Thus, not simply a question of alpine skiing, but of alpine skiing in a designated terrain park became the significant ?factual setting? the district court used to examine the inherent risks to which Dunbar was exposed. [*14]

In its order granting Jackson Hole?s motion for summary judgment, the district court stressed, and Jackson Hole urges on appeal, the need to focus on the choices that Dunbar made when entering the terrain park. Reasoning that an inherent risk analysis could not properly be conducted without considering Dunbar?s choices, the district court focused on the facts of Dunbar?s conduct as the recreational participant. Central to the district court?s determination of inherent risk was the simple fact of Dunbar?s choice to enter the terrain park.

The court found that ?a terrain feature such as a half-pipe located within a fenced terrain park is an inherent risk to a skier that voluntarily and knowingly enters that park.? Dunbar v. Jackson Hole, No. 02-CV-123-D, slip op. at 14-15 (D. Wyo. June 16, 2003). Furthermore, the court concludes that having entered the terrain park, Dunbar ?decided to enter the [metaphorical] ?rodeo? and thus assumed the risk associated with that activity.? Id. at 15. We disagree.

First, we note that the plain language of the Safety Act focuses on ?any person who takes part in any sport or recreational opportunity,? Wyo. Stat. Ann. ? 1-1-123 [*15] , and does not mention the location of the sport or activity.

We fail to see how simply being present in the terrain park redefines the sport or activity in which Dunbar is engaged, especially absent further choices to take part in any of the terrain park features. No doubt location may have a bearing on how to characterize a participant?s activity, but it is not automatically determinative as the district court suggests. n1 Indeed, from the record, it is not clear whether the double black diamond designation applied to the area of the intermediate ski run from the putative entrance to the terrain park to the red tram car and from the tram car to the catwalk. There seems to be no dispute that in the areas Dunbar traversed a skier would not confront any unusual risks or features that differed from those elsewhere on the intermediate ski run (at least until the point where Dunbar fell into the half-pipe). Thus it would seem to be an open question whether the warning signs and double black designation properly applied to the area that Dunbar actually traversed or if they were limited to the physical space containing the dangerous terrain features. If the double black diamond designation [*16] applies only to the specific terrain features and if the warnings apply only to those skiers and snowboarders who attempt to maneuver over and among the trail features down the fall line of the mountain, then it may be difficult to conclude that Dunbar assumed a double black diamond risk simply by skiing across the fall line on an intermediate slope to the tram car and then proceeding, as directed, by way of the catwalk. Proper resolution of these factual questions concerning the impact of Dunbar?s specific location on Jackson Hole?s duty, however, are for a jury, not for the court, to decide.

- ? - ? - ? - ? - ? - ? - ? Footnotes ? - ? - ? - ? - ? - ? - ? - -

n1 As to the issue of whether or not Dunbar had actually entered the park, we note that the district court is itself not descriptively clear, stating at one point that ?she had misgivings about entering and asked a JHMR employee how to get out of the terrain park.? Dunbar, slip op. at 13. Of course, if she had not ?entered? she could not ask how to ?get out.? We conclude from this only that mere presence in the terrain park may be too fine a reed to hang a determination that Dunbar was engaged in a categorically different recreational activity which contained greater inherent risks than does ordinary alpine skiing.

- ? - ? - ? - ? - ? - ? End Footnotes- ? - ? - ? - ? - ? - ? - ? [*17]

Second, we conclude that there is a difference between the consequences of conduct chosen by Dunbar, and risks that are inherent to that choice. It does not necessarily follow, as the district court finds, that having entered the terrain park, Dunbar also chose to confront all the features and conditions present within it. Although the district court emphasized the choices and conduct of the plaintiff in determining what risks she assumed, the court makes no distinction between the risks that are inherent to her actual choices ? to ski into the terrain park area, but not to ?take? any of the features ? and risks that are inherent to choices one would make when actually intending to ski over the specific features.

Indeed, a reasonable person who entered the general area of the terrain park would stop first to view the features and decide whether or not to attempt to maneuver over or through any of them. In fact, Jackson Hole?s warning signs, the presence of which figure prominently in this dispute, direct skiers and snowboarders to ?please observe terrain features, their risks, and their degree of difficulty before using.? That is precisely what Ms. Dunbar did. She chose to enter [*18] the area of the terrain park ? if not the terrain park itself ? but specifically chose not to ?use? or ?take? any of the terrain park features after doing exactly what Jackson Hole?s signs advised her to do: ?observe . . . before using.? Presumably, Jackson Hole does not wish to claim that it operates like the Hotel California ? where you can check in any time you like but you can never leave. Accordingly, it was error for the district court to conclude that having followed Jackson Hole?s instructions, having assessed the risks and decided not to use the terrain features, that there is no material issue of fact concerning whether a skier could leave without accruing those very risks. Having ?entered? the terrain park, Dunbar did not ?use? the terrain park as a terrain park?viz., she did not attempt to jump the table top jump nor did she attempt to do stunts in the snowboard half-pipe. She attempted to exit the terrain park without ?taking? any of the features, and followed instructions from a Jackson Hole employee on how to exit the park. Given the specific factual setting of this case, what risks are associated with Dunbar?s actual choices and what duty Jackson Hole owed her are [*19] properly questions for the jury.

Accordingly, we conclude that the district court erred when it found that the risk of falling twelve feet into a snowboard half-pipe was an inherent risk of Dunbar?s alpine skiing when she had stopped and observed double diamond terrain features and had chosen not to ?take? those features. When, as is here, genuine issues of material fact exist, it is properly a question for the jury to determine whether dangers that are ?characteristic of? or ?intrinsic to? or ?an integral part? of the sport of alpine skiing evaluated under the specific factual circumstances of this case include those encountered by Dunbar in skiing from the main intermediate run to the tram car and from the tram car along the catwalk. Sapone, 308 F.3d at 1102 (?whether something is or is not an inherent risk is a factual question that must be sent to the jury for determination?); see also, Dillworth v. Gambardella, 970 F.2d 1113, 1123 (2d Cir. 1992) (holding under a Vermont statute similar to Wyoming?s, that determination of inherent danger ?is a question of fact properly submitted to the jury?).

B

As we have observed, inquiry into what [*20] dangers constitute an inherent risk under the Safety Act is inextricably intertwined with an inquiry into what duty the recreation provider owes to the participant, and whether that question is properly one for the judge or jury. If Dunbar?s accident was not the product of an inherent risk of her recreational activity, then a question remains for the fact finder concerning what duty was owed her and whether Jackson Hole fulfilled that duty. We conclude that the district court improperly analyzed the issue of Jackson Hole?s duty.

When the issue of duty involves questions of fact, as is the case with ?inherent risks,? the Wyoming Supreme Court has held that the question of a defendant?s duty should be resolved by a jury. Halpern, 890 P.2d at 565. However, in certain instances where no material questions of fact exist ? e.g., if the risk is clearly one inherent to the sport ? the district court may decide as a matter of law that a provider does not owe a duty to the participant under the Safety Act. Halpern, 890 P.2d at 566 (noting that ?in appropriate cases where no genuine issues of material fact exist, the district court may decide as a matter of [*21] law that the provider does not owe a duty to the participant.?). Such was not the case here.

How the district court framed the statement of Jackson Hole?s duty is crucial to a proper disposition of this case. It has become something of a standard analysis in this line of cases for a district court to frame the question of duty, in addition to the question of inherent risk, in the form of a fact-specific inquiry. Indeed, as the district court noted in another Safety Act case, ?the Court cannot stress how important it is to frame the duty question correctly. If the duty question is framed incorrectly, the legislature?s intent to allow a cause of action for negligence will be lost.? Madsen, 31 F. Supp. 2d. at 1329.

In the present case, the district court framed the question of duty as follows:

Whether Camie Dunbar?s injuries occurred as a result of the inherent risk of alpine skiing when this thirty-three year-old experienced skier knowingly entered a specially designated terrain park, skied past five warning signs, made the choice not to exit by way of the gate she entered understanding that she would encounter expert and double expert terrain features, [*22] skied up the visible half-pipe wall, and across a fourteen-foot platform.

Dunbar, slip op. at 14. We have already concluded that Dunbar?s mere presence in the entrance area of the terrain park does not give rise as a matter of law to a heightened risk above what is normal to alpine skiing. We now conclude that the question of Jackson Hole?s duty was improperly framed because it employs facts in dispute, and does not view the facts in the light most favorable to the non-moving party.

Specifically, the district court?s finding that Dunbar chose not to exit the terrain park area via the gate by which she entered understanding that she would encounter expert and double expert terrain features is itself a fact open to dispute. Whether or not her choice was made with that understanding is a disputed fact, and read in the light most favorable to the plaintiff, the district court improperly incorporated a disputed fact in a light favoring the defendant. Second, the district court frames the duty question by stating that Dunbar ?skied up the visible half-pipe wall.? Id. Whether or not what she skied up was in fact visibly a half-pipe wall is itself a disputed fact, and inclusion [*23] of this fact in a light most favorable to the defendant was improper.

Finally, the district court states that Dunbar ?skied past five warning signs,? which although perhaps true (though contested), shades the ?duty question? in a way that ignores the factual issues of the content and import of each of those signs in the context of the Jackson Hole employee?s instructions on how to exit the park. Given the fact that we have previously held that the question of a provider?s duty is partially determined by a fact-specific framing of inherent risk, we conclude that the district court erred in making factual findings that are properly findings for a jury. See Sapone, 308 F.3d at 1102.

Finally, we note that whatever risks Dunbar assumed herself, it seems clear that she did not also assume the risk of needing to interpret the delphic statements of Jackson Hole?s employees. Both Jackson Hole and the district court focus on the issue of choices that Dunbar made, ignoring the choice that Jackson Hole made for her in directing her to exit the terrain park area by either hiking out the main entrance or skiing along the catwalk. We have made clear that a duty of care may arise [*24] from choices made for the participant by the recreation provider. Sapone, 308 F.3d at 1104; see also, Madsen, 31 F. Supp. 2d at 1328-29; Carden, 175 F. Supp. 2d. at 1328-29. Absent from the district court?s order is any recognition that once Dunbar asked a Jackson Hole employee how to exit the terrain park area without ?taking? any of the features, Jackson Hole owed a duty to provide her with appropriate instructions, which might have included a specific warning to beware of the drop into the half-pipe at the end of the catwalk. Whether or not they fulfilled that duty is a question for the jury. Accordingly, the district court erred when it framed the question of Jackson Hole?s duty by incorporating facts in dispute and when it failed to submit the question of duty to the fact finder pursuant to Wyoming Supreme Court precedent.

On appeal, Dunbar also raises as error the district court?s granting Jackson Hole?s motion to strike portions of her affidavit as creating sham factual issues to survive summary judgment. Those supposed sham facts dealt with Dunbar ?s understanding of whether she had entered the actual terrain park (the [*25] area including the jumps) when located at the tram car. Because we conclude that summary judgment was inappropriate, the issue of Dunbar?s affidavit is now moot.

III

For the reasons set forth above, we REVERSE the district court and REMAND for further proceedings consistent with this opinion.

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New Databases in Education, Science & Technology, LGBT Life ...

The Library is pleased to announce that we now provide access to 7 new databases through SUNYConnect.??

You can access these from the Library?s homepage. Just go to our Databases List? or the Research by Subject Guide of your choice!

If you are accessing our databases from off campus, make sure you go through the Library?s homepage and log in with your Purchase email username & password when prompted.

Test drive our new databases:

  • Education Full Text

    Provides coverage for a wide range of topics, including adult education, continuing education, literacy standards, multicultural/ethnic education, secondary education, teaching methods and much more.

  • Entrepreneurial Studies Source

    Offers users full text for more than 125 key periodicals, 135 reference books, numerous case studies, thousands of company profiles and over 600 videos with transcripts and related articles from the Harvard Faculty Seminar Series and Vator.TV, one of the world?s largest social network sites for high-tech entrepreneurs.

  • Humanities Full Text

    Provides coverage of feature articles, interviews, bibliographies, obituaries, and original works of fiction, drama, poetry and book reviews, as well as reviews of ballets, dance programs, motion pictures, musicals, radio and television programs, plays, operas and more.

  • LGBT Life with Full Text

    Contains full text for more than 130 of the most important and historically significant LGBT journals, magazines and regional newspapers, as well as more than 170 full-text monographs/books including Classics in Lesbian Studies, Gay Science: The Ethics of Sexual Orientation Research, Handbook of Research with Gay, Lesbian, Bisexual & Transgender Populations, Queer Theory & Social Change, etc.

  • Social Sciences Full Text

    Provides access to a wide assortment of the most important English-language social science journals. Social Sciences Full Text includes full-text articles from hundreds of journals, covering the latest concepts, theories and methods from both applied and theoretical aspects of the social sciences.

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Facebook's new 'Find Friends Nearby' feature: Creepy or clever?

15 hrs.

Facebook quietly added a new feature to its mobile?website and apps this weekend. It's called "Find Friends Nearby" and it ... well, it does exactly what you'd think it might.

TechCrunch's Ingrid Lunden was among the first to call attention to the new feature, after a developer tipped her off.

You can access?Find Friends Nearby either through the iOS or Android?Facebook apps ? just open up the main?menu, tap "Apps," select "Find Friends," press "Other Tools," and then pick "Find Friends Nearby"?? or by?heading to http://fb.com/ffn?on your mobile device.

Note that you'll have to authorize either the apps or your browser to access your current location. This doesn't mean that?you're allowing either to reveal your location all the time though. As soon as you leave the Find Friends Nearby page, you'll be off the radar once again. (This makes sense because it prevents people from stalking you?invisibly or from being stalked without actively choosing to announce their location.)

While you are on the Find Friends Nearby page?? it looks the same in the apps and in the browser ? you'll be able to find out who happens to be both near you and staring at that same page.

The feature is incredibly convenient if you happen to be chatting with someone in person and want to add him as a Facebook friend. Rather than tapping out his name and wasting minutes scrolling through a list of similarly named individuals, you can just ask your new pal to open up the Find Friends Nearby page and add him with a quick tap.

Opening up the Find My Friends page, while convenient, also exposes you to potential awkward or creepy moments. There is always a chance that someone you are avoiding or not interested in interacting with ?will happen to have the same page open?? and spot your name. He or she would instantly know that you are nearby and quickly view the public information on your Facebook profile.

So the final verdict? Find Friends Nearby is incredibly convenient, but?? like many similar tools ? not without potential for disaster.?

Want more tech news, silly puns, or amusing links? You'll get plenty of all three if you keep up with Rosa Golijan, the writer of this post, by following her on?Twitter, subscribing to her?Facebook?posts,?or circling her?on?Google+.

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Monday, June 25, 2012

Spinach Pesto on Rice - Weelicious

My greens obsession continues!

Can it be challenging to get kids to eat their greens? At times, absolutely. But it can really make a difference when you use your greens in creative ways.

Consider pesto. If your little one has an aversion to the color, I say get her involved in making it with you by letting her measure, dump and turn on the food processor. Sure it might make a bit of a mess in the kitchen, and you may have to do a little cajoling here and there, but I promise that when you?re done and your youngster can taste how flavorful her creation turned out, that ?no green food? face is going to be replaced with a big smile.

And don?t forget to double the recipe so you always have extra pesto on hand. I find it to be a lifesaver at mealtime. Just store the extra in freezer cubes and all you have to do is defrost one, toss it with pasta, rice, fish or chicken and voila, you have an effort-free meal in minutes!

Spinach Pesto (Makes 1 1/4 Cups)

2 Cups Packed Spinach
1/4 Cup Pine Nuts, toasted
2 Tbsp Parmesan Cheese, grated
1 Clove Garlic, minced
2 Tbsp Lemon Juice
1 Tsp Salt
1/4 Cup Olive Oil
Cooked Rice *

1. Place all of the ingredients in a food processor and blend until smooth.
2. Stir into rice and serve.

* Can also be mixed into cooked pasta, fish or chicken.

Print This Recipe?Print This Recipe ?? Email This Recipe?Email This Recipe


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Analysis: Politics cloud fate of South Africa's Telkom

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Title IX broke more than just athletic barriers for women

By Andrea Mitchell, NBC News Chief Foreign Affairs Correspondent

On a softball field near the Capitol this week, a scrappy team of bipartisan women from the House and Senate ? including four grandmothers ? took on a far younger lineup of women from the congressional press corps to raise money for breast cancer research. The women of the press corps won 13 to 10, but not without fighting off a late-inning rally from the politicians. Watching from the sidelines: an 82-year-old retired high school coach, a woman who flew across country to root for one of her former students, California Congresswoman Laura Richardson. ?A lot of the women on both teams played high school and college ball. So did UN Ambassador Susan Rice, who showed she had game in a basketball face-off among cabinet secretaries and WNBA players Thursday night. Health and Human Services Secretary Kathleen Sibelius also had some moves.? ?

None of this would have happened before Title IX revolutionized women?s athletics, and a lot more. As President Obama (basketball coach to Sasha?s school team) points out today in his web address, ?Title IX isn't just about sports. From addressing inequality in math and science education to preventing sexual assault on campus to fairly funding athletic programs, Title IX ensures equality for our young people in every aspect of their education. It's a springboard for success.?

There is perhaps no better example of what women could accomplish through sport and education than Pat Summitt, awarded the Presidential Medal of Freedom at the White House for her accomplishments. And we shouldn?t forget that Title IX helped young women force their way into math and science courses that, in many cases, they had routinely been discouraged from taking.

For me, it?s personal. When I was the program manager of my college radio station, women couldn?t do sports play-by-play. The barriers went well beyond athletics: after graduating, on assignment for a Philadelphia all-news radio station, I was once barred from the press room in the State Capitol in Harrisburg, Pa. No women allowed. Now, I look around our newsroom and see an incredible team of female executive and senior producers who have options that would have been inconceivable before Title IX. Appropriately, they take sports for granted. My senior producer, Michelle Perry, did crew for Berkeley. Our Senate producer, Libby Leist, was on the swim team in high school. And there is plenty of evidence that women who compete in sports perform better in other pursuits off the field.

For my generation, the imbalance was perhaps best symbolized by the careers of women like Billie Jean King. That?s why her defeat of Bobby Riggs, in the same era as the passage of Title IX, was such an empowering moment. Thanks to Title IX, ?Billie Jean and other women athletes were able to break down barriers ?for all the women who will be taking the field next month at the London Olympics. I?m going to be cheering them on, and thanking Billie Jean, Pat Summitt and all the others who pioneered the way.

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Sunday, June 24, 2012

One dead as powerful typhoon cuts across Japan

One man was killed as a powerful typhoon bringing heavy rain and strong winds cut across Japan's main island Honshu overnight Tuesday to Wednesday, the weather agency and national media said.

Some fifty people were injured and over 400 flights were cancelled, while road and rail transport was badly affected.

Authorities issued evacuation orders for more than 150,000 people in central, eastern and northeastern Japan, Kyodo News said, with warnings of dangerous landslides from the heavy rain.

In Shizuoka province in the southeast, one man died after a shed collapsed over him, while 52 people were injured in some fifteen provinces, the national broadcaster NHK said at 4:00 am (1900 GMT Tuesday).

As typhoon Guchol -- "turmeric" in a Micronesian language -- crossed north of Tokyo overnight Tuesday, winds of up to 125 kilometres (78 miles) per hour were recorded.

By Wednesday at 5:30 am (2030 GMT Tuesday), the strongest winds had died down in the capital and the situation was progressively improving in the northeast.

The typhoon -- the first tropical storm to make a landfall on Japan this year, and the first since 2004 to do so as early as June -- was now several dozen kilometres from the coast of Sendai.

Airlines have cancelled 452 domestic and international flights so far, affecting 35,000 passengers, while travel on regional and high-speed trains has been hit with delays and cancellations, and some roads have also been closed.

A fifth typhoon, named Talim, is following a different path in the South China Sea but is also expected to reach the Japanese archipelago on Friday.

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Lincecum working every angle to figure out funk

By JANIE McCAULEY

AP Baseball Writer

Associated Press Sports

updated 6:39 p.m. ET June 23, 2012

OAKLAND, Calif. (AP) - Tim Lincecum looks back at his extreme, 30-pound weight loss before this season and wishes he had approached it all differently.

He insists he dropped it too fast, taking drastic measures. All because the two-time NL Cy Young Award winner didn't feel quite right at the 190 pounds he reached in 2011 eating whatever he wanted, whenever he wanted. The thing is, he was still winning then. But his body began to hurt, in ways it never had before.

He only just turned 28 on June 15.

"It's kind of coming to terms with my mortality," Lincecum said in a candid, 10-minute interview Saturday. "I always thought, `Oh, I'm never going to be sore.' Like as a kid growing up, I was never sore. I never hurt, I could bounce back from things. I was like - I don't even know, what kind of animal rebounds from everything? - a dog. They bump their head and forget about it four seconds later."

Now, the San Francisco Giants right-hander (2-8) has added 10 pounds back on his slender frame to get to 167 - and some scouts think he should keep pounding the junk food and calories because, perhaps, a little more on his body will lead to much more on his suddenly slower fastball and even his off-speed pitches that no longer zing as they did in his dominant days that at the moment seem so long ago.

Lincecum believes he made strides in his start Friday night at Oakland, even after a 43-pitch inning in which he fell behind 3-0 but found his rhythm in time to strike out the side. He didn't earn a decision in his team's 5-4 comeback win against the Athletics.

Manager Bruce Bochy had reliever Shane Loux warming up in the bullpen in the first but never had to go out early to replace Lincecum, who wound up lasting six innings while giving up three hits and no more runs. He struck out eight and walked four.

"That's the last thing I wanted to do. That would've been rock bottom for the kid," Bochy said. "It was more a credit to Timmy. He just had enough. He found his game at the right time, thank goodness. We have a lot of baseball left. This is a good start, I'll say that."

Yet Lincecum still hasn't won in 10 starts since beating San Diego on April 28, going 0-6 in the worst drought in a career that featured four All-Star selections in his first four full seasons after being selected 10th overall in the 2006 draft out of Washington and making his major league debut the following May.

After the first, Lincecum repeatedly told fellow starter Ryan Vogelsong how furious he had become, sprinkling in his regular array of curse words in their conversation.

"He called me over," Vogelsong said. "I didn't tell him anything he doesn't know. I just kind of reminded him, `Hey, keep going."'

On Saturday, Lincecum spent much of his time before the middle game of the Bay Bridge Series studying film in a corner of the clubhouse before heading to the training room for a rubdown on his back.

"As a pitcher, we get caught up in the fact that as a pitcher we're the center of attention, we've got to control the pace of the game and when we can't control things it upsets us," he said. "To not be able to control it at a level like this and also when it's continuously happening it kind of makes you check yourself and look in the mirror. ...

"Last night was the closest I think I got back to being myself. For me to say this is going to be the light switch that turns on and changes everything, I can't really say that. I still gave up three runs. I take that in the back of my mind. It's slicing unneeded pieces of clay away from the masterpiece or the work of art you're trying to make. For me that's, I wouldn't say reinventing myself but finding the edges, taking care of the things I wasn't necessarily worried about before. Until last night it was eluding me. To find things in the midst of (stinking) is kind of nice and refreshing."

Lincecum considers his latest struggles a much different case than the 0-5 August he endured in 2010 before rebounding and becoming the winning pitcher in the Game 5 World Series clincher at Texas that fall that brought the Giants their improbable championship - the first for the city since the franchise moved West from New York in 1958.

"To be honest, I was lazy. I was a lazier person," Lincecum said. "Now, I don't feel like that's the case, I feel like I'm putting more time in between my starts and focusing better. That's also why it makes it so hard to look at yourself. It's easy to come into a game and not work as hard as everybody else has to and do well, and be like, `Ha, I didn't have to do everything you guys did.'

"Now, I'm working as hard as they are, not because I feel I have to keep up with them, but because I know the game and I need to. The game calls upon you to do that. In 2010 in August ... it wasn't about me, it was the bigger picture. I'm a big believer in karma and things happen for a reason, and that August for me was a big wakeup call. I think this is a different animal."

Lincecum's fastball tops out these days at 92-93 mph but is often 90-91, a significant difference from his former 94 mph average. Whether he will regain some of his velocity with more weight on, nobody is sure.

"I want to feel I'm at a comfortable weight but I know I fluctuate so easily," Lincecum said. "I know I'm a picky eater, so that's even harder. When you come into a room and there's nothing but vegetables, you go, `I'll just have a shake' or something like that. It's just holding yourself accountable and remembering to do stuff.

"Last year I'd eat anything I wanted and I didn't even care. I was like, `I don't care, I'm fat, I'm thicker than I'm used to being and I'm doing fine.' Then my body started feeling different. My legs started feeling the effects of the 30-plus pounds I'd put on. Anybody putting on 30-plus pounds is going to feel the effect.

"What happened is then I just completely changed it. I don't think that's a smart move either and I don't think the way I got rid of it was smart. I got rid of it way too fast, drastically. My focus became more getting back to my normal weight than pitching, throwing."

And, just because he is beginning to feel his age, that doesn't mean The Freak will start icing his arm - or any other body part for that matter - any time soon.

"I don't know," he said. "I don't think my dad would agree with that."

? 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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