Ask Well: Coaxing Parents to Take Better Care of Themselves

Dear Reader,

Your dilemma of wanting to get your parents to change their ways to eat better and exercise reminds me of an old joke:

How many psychologists does it take to change a light bulb? Answer: Only one, but the light bulb has to really want to change.

Sounds like your parents may be about as motivated as the light bulb right now. Still, there are things you can do to encourage them to move in a healthier direction. But the first step should not be to hand them a book. Unless you lay some prior groundwork, that gesture may seem almost as patronizing as an impatient tone of voice – and probably as likely to backfire.

Instead, start a conversation in a caring, nonjudgmental way. Ask, don’t tell. “Say, ‘You know, I might not know what I am talking about, but I am really concerned about you,” suggested Kevin Leman, a psychologist in Tucson, Ariz., and author of 42 books on changing behavior in families and relationships. Ask simply if there is anything you can do to help.

Leading by example is also more effective than lecturing. “The son can role-model health by inviting his parents to dinner and serving healthful items that he is fairly certain they will find acceptable, or ask them if they are interested in going out dancing with him and his wife,” suggested Ann Constance, director of the Upper Peninsula Diabetes Outreach Network in Michigan.

Pleasure is a better motivator for change than pain or threats. Use the grandchildren as bait. Ask if they want to take the grandchildren to the zoo or a park that would require a good bit of walking around for everyone. Or the grandchildren could ask them to come along on one of those 2K fund-raiser-walks that many schools hold. After all, a day with the grandchildren is always a pleasure in itself. (O.K., usually a pleasure.)

Tempted to give them the gift of a health club membership? “Save your money,” Dr. Leman said. Try a more indirect (and cheaper) approach. Create a mixed-tape of up-tempo music from their era. (“Songs they listened to from the ages of 12-to-17, which is what we all listen to for the rest of our lives,” said Dr. Leman) They will enjoy it any time — maybe even while walking.

If you really want someone you love to make a change, the key is to ask them to do something small and easy first because that increases the chances they will do something larger later. Psychologists call that “the foot in the door technique,” said Adam Davey, associate professor of public health at Temple University in Philadelphia, referring to a classic 1966 experiment called “Compliance Without Pressure.” In the study, which has been duplicated by others in many forms, researchers asked people to sign a petition or place a small card in a window in their home or car about keeping California beautiful or supporting safe driving. About two weeks later, the same people were asked to put a huge sign that practically covered their entire front lawn advocating the same cause.

“A surprisingly large number of those who agreed to the small sign agreed to the billboard,” because agreeing to the first small task built a bond between asker and askee “that increases the likelihood of complying with a subsequent larger request,” Dr. Davey explained.

Any plan for behavioral change is most likely to succeed if it is very specific, measurable and achievable, according to Ms.Constance.

And the new behavior should also be integrated into daily life — and repeated until it becomes a habit. For example, if you want to walk more, start with a 10-minute walk after dinner on Monday, Wednesday and Friday, Ms. Constance suggested. The next week, bump it up to 12 minutes.

Don’t give up, even if you meet initial resistance — it is never too late for your parents or you or any of us to change. “Taking up an exercise program into one’s 80s and 90s to build strength and flexibility can result in very tangible and enduring benefits in a surprisingly short time,” insisted Dr Davey.

As for instructive reading, Dr. Leman is partial to one of his own books, “Have a New You by Friday,” and Dr. Davey recommends “Biomarkers: The 10 Keys to Prolonging Vitality,” by William Evans. Ms. Constance recommends the Centers for Disease Control and Prevention’s Web site on physical activity and exercise tips for the elderly, as well as the National Institute of Health’s site on the DASH diet.

Read More..

European Parliament Approves Plan to Bolster Carbon Trading

LONDON — Lawmakers in Brussels moved Tuesday to shore up the sagging market for carbon emissions permits, a key component of the European Union’s efforts to reduce air pollution.

Prices of carbon allowances, which permit companies to emit greenhouse gases, fell last month to as low as €2.80 per ton, or $3.75, compared with €9 per ton a year ago and €30 per ton in 2008. To reduce the supply of permits and drive up the price, the environmental committee of the European Parliament voted to allow the European Commission to reduce the number of allowances to be auctioned over the next three years.

After the committee’s vote, prices fell to around €4.60 per ton, from a close of €5.13 on Monday. But the panel’s vote had been expected, and the plan still needs approval from the full European Parliament and the governments of the Union’s 27 member states.

“It is really the first step in a long, long process,” said Kash Burchett, an analyst at the energy research firm IHS.

The committee’s vote — 38 to 25, with 2 abstentions — is “a lifeline for the carbon market and for emissions trading as a policy tool for curbing emissions,” said Stig Schjoelset, head of carbon analysis at Thomson Reuters Point Carbon, a market research firm in Oslo.

If the vote had gone the other way, Mr. Schjoelset said, the Emissions Trading System would have been “more or less dead.”

The European Union introduced the system in 2005 in a bid to force polluters like utilities and manufacturers to reduce their carbon emissions. Under the system, companies are allocated a certain number of permits, each allowing them to emit one metric ton of carbon dioxide per year. If emissions exceed the level allowed by the permits, the companies must buy additional permits. Companies that do not comply face heavy fines.

The total number of permits is scheduled to be reduced over time, forcing a corresponding reduction in emissions. The Union is on track to meet its goal of reducing emissions in 2020 to 80 percent of 1990 levels, but that is mainly because the recession has reduced industrial activity and energy use. As a result, companies have a surplus of permits on hand, which depresses their price.

It is widely believed that the European Commission has handed out too many credits. In 2012, for example, ArcelorMittal, the Luxembourg-based steel maker, sold 21.8 million tons of credits — about one quarter of the number it received from the commission — for $220 million. The company said it spent the proceeds on energy-saving investments.

Advocates say that carbon pricing, if properly managed, is the most efficient way to lower emissions. By putting a hefty price on carbon, the system lets investment decisions drive emissions reductions, rather than having governments dictate investment in particular clean energy sources like solar or wind.

But industrialists and analysts say that single-digit prices for carbon permits do not provide sufficient incentive for companies to switch to cleaner fuels and energy-efficient technology.

“Driving energy investment in Europe through a higher carbon price will lower costs,” said David Hone, the chief climate adviser to Royal Dutch Shell and the chairman of the International Emissions Trading Association in Geneva. “That price signal isn’t there today.”

Mr. Schjoelset said a price of €30 to €40 per ton was needed to encourage electricity producers to switch from coal to natural gas, a cleaner fuel. He said it would take a price of €60 to €150 per ton to push utilities to invest in expensive carbon-reducing technologies like carbon capture and storage.

Politicians and analysts said the Parliament committee’s vote might be the first step in restoring the credibility of the Emissions Trading System, which is still considered the world’s flagship carbon program.

“It is important that we get this right, and the sooner we get it right the better,” the European climate action commissioner, Connie Hedegaard, said during an interview Monday.

The plan approved Tuesday would take 900 million carbon credits that are now scheduled to be auctioned from 2013 to 2015 and “backload” them so they are auctioned in 2019 and 2020. That will put a dent in the surplus of carbon credits, which is estimated at two billion tons.

This article has been revised to reflect the following correction:

Correction: February 19, 2013

An earlier version of this article misidentified an analyst at IHT, an energy research firm. He is Kash Burchett, not Kass Burchett.

Read More..

Mike Johanns Won’t Seek Re-Election to Senate

WASHINGTON — Senator Mike Johanns, a Republican from Nebraska who is in his first term, announced Monday that he will not seek re-election next year, the fifth lawmaker to bow out of a Senate that has become increasingly polarized and dysfunctional.

Alex Wong/Getty Images

Senator Mike Johanns, pictured here in 2011, announced on Monday that he will not seek re-election.

Mr. Johans, a soft-spoken former Nebraska governor and secretary of agriculture in the George W. Bush administration, appeared well positioned to be re-elected and was not on any Democratic target list. But last year, he angrily criticized conservative groups that tried to step in and influence the Senate election in his state. And his efforts as part of the “Gang of Eight” to broker a bipartisan deficit reduction accord proved fruitless.

“With everything in life, there is a time and a season. At the end of this term, we will have been in public service over 32 years,” Mr. Johanns wrote in a letter to his constituents with his wife, Stephanie. “Between the two of us, we have been on the ballot for primary and general elections 16 times and we have served in eight offices. It is time to close this chapter of our lives.”

With his announcement, Mr. Johanns joined Senators Tom Harkin, Democrat of Iowa; Saxby Chambliss, Republican of Georgia; John D. Rockefeller IV, Democrat of West Virginia; and Frank Lautenberg, Democrat of New Jersey, in heading for the exits. With former Senator John Kerry’s move to secretary of state, the rash of retirements will hasten a wholesale makeover of a Senate that was once far more stable.

“Words are inadequate to fully express our appreciation for the friendship and support you have given us over the past three decades,” the Johannses wrote.

Read More..

McCready's ex: Anyone close could see it coming

HEBER SPRINGS, Ark. (AP) — Mindy McCready's ex-boyfriend says she threatened to kill herself earlier this month after she lost custody of her sons, but was somehow released from rehab days before apparently following through on her threat.

Billy McKnight, a former longtime boyfriend who shares a son with the country singer, says the mother of two stayed in court-ordered substance-abuse rehabilitation for about 18 hours before checking out.

McKnight said Monday by phone from Tampa, Fla., that it was a "big mistake" to allow McCready to leave rehab, in light of her fiance David Wilson's recent suicide and the loss of her children.

McKnight is working with authorities to get his son Zander out of foster care.

Read More..

DNA Analysis, More Accessible Than Ever, Opens New Doors

Matt Roth for The New York Times

Lillian Bosley, 13, watched cartoons on an iPad at her Myersville, Maryland home. Lillian has Arthrogryposis multiplex congenita, a rare orthopedic disease. More Photos »

Debra Sukin and her husband were determined to take no chances with her second pregnancy. Their first child, Jacob, who had a serious genetic disorder, did not babble when he was a year old and had severe developmental delays. So the second time around, Ms. Sukin had what was then the most advanced prenatal testing.

The test found no sign of Angelman syndrome, the rare genetic disorder that had struck Jacob. But as months passed, Eli was not crawling or walking or babbling at ages when other babies were.

“Whatever the milestones were, my son was not meeting them,” Ms. Sukin said.

Desperate to find out what is wrong with Eli, now 8, the Sukins, of The Woodlands, Tex., have become pioneers in a new kind of testing that is proving particularly helpful in diagnosing mysterious neurological illnesses in children. Scientists sequence all of a patient’s genes, systematically searching for disease-causing mutations.

A few years ago, this sort of test was so difficult and expensive that it was generally only available to participants in research projects like those sponsored by the National Institutes of Health. But the price has plunged in just a few years from tens of thousands of dollars to around $7,000 to $9,000 for a family. Baylor College of Medicine and a handful of companies are now offering it. Insurers usually pay.

Demand has soared — at Baylor, for example, scientists analyzed 5 to 10 DNA sequences a month when the program started in November 2011. Now they are doing more than 130 analyses a month. At the National Institutes of Health, which handles about 300 cases a year as part of its research program, demand is so great that the program is expected to ultimately take on 800 to 900 a year.

The test is beginning to transform life for patients and families who have often spent years searching for answers. They can now start the grueling process with DNA sequencing, says Dr. Wendy K. Chung, professor of pediatrics and medicine at Columbia University.

“Most people originally thought of using it as a court of last resort,” Dr. Chung said. “Now we can think of it as a first-line test.”

Even if there is no treatment, there is almost always some benefit to diagnosis, geneticists say. It can give patients and their families the certainty of knowing what is wrong and even a prognosis. It can also ease the processing of medical claims, qualifying for special education services, and learning whether subsequent children might be at risk.

“Imagine the people who drive across the whole country looking for that one neurologist who can help, or scrubbing the whole house with Lysol because they think it might be an allergy,” said Richard A. Gibbs, the director of Baylor College of Medicine’s gene sequencing program. “Those kinds of stories are the rule, not the exception.”

Experts caution that gene sequencing is no panacea. It finds a genetic aberration in only about 25 to 30 percent of cases. About 3 percent of patients end up with better management of their disorder. About 1 percent get a treatment and a major benefit.

“People come to us with huge expectations,” said Dr. William A. Gahl, who directs the N.I.H. program. “They think, ‘You will take my DNA and find the causes and give me a treatment.’ ”

“We give the impression that we can do these things because we only publish our successes,” Dr. Gahl said, adding that when patients come to him, “we try to make expectations realistic.”

DNA sequencing was not available when Debra and Steven Sukin began trying to find out what was wrong with Eli. When he was 3, they tried microarray analysis, a genetic test that is nowhere near as sensitive as sequencing. It detected no problems.

“My husband and I looked at each other and said, ‘The good news is that everything is fine; the bad news is that everything is not fine,’ ” Ms. Sukin said.

In November 2011, when Eli was 6, Ms. Sukin consulted Dr. Arthur L. Beaudet, a medical geneticist at Baylor.

“Is there a protein missing?” she recalled asking him. “Is there something biochemical we could be missing?”

By now, DNA sequencing had come of age. Dr. Beaudet said that Eli was a great candidate, and it turned out that the new procedure held an answer.

A single DNA base was altered in a gene called CASK, resulting in a disorder so rare that there are fewer than 10 cases in all the world’s medical literature.

“It really became definitive for my husband and me,” Ms. Sukin said. “We would need to do lifelong planning for dependent care for the rest of his life.”

Now, when doctors bill for medical services, insurers pay without as many questions. And Eli’s schools recognize how profound his needs are. “This isn’t just some kid with dyslexia,” his mother said, adding: “My son needs someone who literally is holding his hand. He runs, he doesn’t know ‘no.’ And he does not talk.”

The typical patient with a mystery disease has neurological problems, and is often a baby or a child. There are reasons for that.

Read More..

DealBook: Reader's Digest Files for Bankruptcy, Again

Executives at Reader’s Digest must be hoping that the magazine’s second trip to bankruptcy court in under four years will be its last.

The magazine’s parent filed for Chapter 11 protection late on Sunday in another attempt to cut down the debt that has plagued the pocket-sized publication for years. The company is hoping to convert about $465 million of its debt into equity held by its current creditors.

In a court filing, Reader’s Digest said it held about $1.1 billion in assets and just under $1.2 billion in debt. It has provisionally lined up about $105 million in financing to keep it afloat during the Chapter 11 case.

This week’s filing is the latest effort by the 91-year-old publisher, whose magazine once resided on many an American household’s coffee table, to fix itself in a difficult economic environment.

“After considering a wide range of alternatives, we believe this course of action will most effectively enable us to maintain our momentum in transforming the business and allow us to capitalize on the growing strength and presence of our outstanding brands and products,” Robert E. Guth , the company’s chief executive, said in a statement.

Reader’s Digest last filed for bankruptcy in 2009, emerging a year later under the control of lenders like JPMorgan Chase.

That reorganization substantially cut the publisher’s debt, and afterward the company worked to further shrink its footprint. It jettisoned nonessential publications in a series of deals, including the $180 million sale of Allrecipes.com and the $4.3 million sale of Every Day With Rachael Ray, both to the Meredith Corporation.

Most of the money from those transactions went toward paying down a still significant debt burden. But the company remained pressured by what it described in a court filing as the steep declines that still bedevil the media industry. Last year, the publisher began negotiating with its lenders, including Wells Fargo, about amending some of its debt obligations. That process eventually led to a “pre-negotiated agreement” with creditors, that will be put into effect by the bankruptcy filing.

This time, Reader’s Digest is hoping to spend even less time in court. Mr. Guth said in a court filing that the publisher aims to emerge from bankruptcy protection in about four months.

The company’s biggest unsecured creditors include firms represented by Luxor Capital. The Federal Trade Commission also contends that it is owed $8.8 million in a settlement claim.

Reader’s Digest is being advised by Evercore Partners and the law firm Weil, Gotshal & Manges.

Reader's Digest bankruptcy petition (2013) by

Declaration by Reader's Digest Chief Executive by

Read More..

Israel Ex-Official Avigdor Lieberman’s Trial Starts

JERUSALEM — Israel’s tough-talking former foreign minister, Avigdor Lieberman, pleaded not guilty on Sunday to charges of fraud and breach of trust in a criminal case that leaves his political future hanging in the balance.

An outspoken hard-liner and senior political partner of Prime Minister Benjamin Netanyahu, Mr. Lieberman made his plea, through a lawyer, in a short court appearance that was mainly procedural as his trial opened. He is accused of having promoted Israel’s former ambassador to Belarus for another post after the ambassador had provided the foreign minister with classified information relating to a police investigation into Mr. Lieberman’s financial affairs.

As the trial opens, Mr. Netanyahu is engaged in delicate negotiations to form a new governing coalition after the January elections in which Mr. Lieberman ran as Mr. Netanyahu’s No. 2 on a joint rightist ticket.

“We are very pleased; we’ve passed the preliminaries,” one of Mr. Lieberman’s lawyers, Jacob Weinroth, told reporters after Sunday’s session, adding, “We want this to end quickly and we want it to end well.” The next four court sessions were set for late April and early May.

Mr. Lieberman will not be eligible for a ministerial post unless he is acquitted, but he has indicated that he intends to clear his name and return to the cabinet, preferably as foreign minister. Earlier this month he told Israeli television that the foreign affairs portfolio would remain with Mr. Netanyahu pending the conclusion of the trial.

Mr. Lieberman, an immigrant from the former Soviet Union who rose to prominence as the leader of the ultranationalist party Yisrael Beiteinu, is currently serving as a member of Parliament and as temporary chairman of Parliament’s prestigious Foreign Affairs and Defense Committee. But if he is convicted of offenses that include a finding of moral turpitude or receives a prison sentence of three months or more, he is likely to be forced to quit political life for several years.

Critics of the former foreign minister are asking how employees of the Foreign Ministry who may be called as witnesses by the prosecution can be expected to testify against Mr. Lieberman given the possibility that he may return to the ministry as their boss.

Israelis have almost gotten used to the spectacle of seeing senior public figures on the witness stand. A former prime minister, Ehud Olmert, was acquitted last year of corruption charges in two major matters but was convicted of breach of trust in a third episode. He remains embroiled in another corruption case having to do with the construction of a huge residential complex while he was the mayor of Jerusalem. Moshe Katsav, a former president, is serving a seven-year prison term after being convicted of rape.

A highlight of the Lieberman trial is likely to be the testimony of the prosecution’s central witness — Danny Ayalon, who served as deputy foreign minister under Mr. Lieberman. Mr. Lieberman then dumped Mr. Ayalon from the party’s ticket shortly before the elections, for reasons that were not publicly specified.

Mr. Lieberman’s case is expected to rest partly on the argument that he did not intervene to promote the diplomat to the post of ambassador to Latvia but that the diplomat was the best candidate for the job.

According to the prosecution, Mr. Lieberman instructed Mr. Ayalon, who led the Foreign Ministry’s Appointments Committee, to advance the appointment of the diplomat to the post in Latvia and Mr. Ayalon did as he was asked.

Since his unexpected exclusion from the new Parliament Mr. Ayalon has become critical of Mr. Lieberman and his policies as foreign minister. On Saturday, Mr. Ayalon said in speech at a regional forum that Mr. Lieberman had tried to push through inappropriate diplomatic appointments that Mr. Ayalon said he had resisted, according to the newspaper Haaretz. He also said that Mr. Lieberman had failed to win the trust of foreign governments and should not serve another term as foreign minister.

“Anyone who wants to hear the testimony of outgoing Deputy Foreign Minister Danny Ayalon against Lieberman is going to have to order tickets,” Shalom Yerushalmi, a commentator, wrote Sunday in the newspaper Maariv. He added, “Ayalon is brimming with revenge.”

Read More..

Willis' new 'Die Hard' scores with $25M debut

LOS ANGELES (AP) — Bruce Willis remains a die-hard at the box office.

Willis' action sequel "A Good Day to Die Hard" debuted as the weekend's top draw with a $25 million debut from Friday to Sunday. The 20th Century Fox release raised its domestic total to $33.2 million since opening Thursday for Valentine's Day to get a jump on the long President's Day weekend.

The movie comes 25 years after the original "Die Hard" and six years after "Live Free or Die Hard," the hit that resurrected the franchise centered on Willis' relentless New York City cop John McClane.

The previous weekend's No. 1 movie, Universal's comedy "Identity Thief" starring Jason Bateman and Melissa McCarthy, was a close second with $23.4 million to lift its haul to $70.7 million.

Debuting at No. 3 with $21.4 million was Relativity Media's romance "Safe Haven," starring Julianne Hough and Josh Duhamel in an adaptation of the Nicholas Sparks novel about a woman who flees her abusive husband and takes up with a sensitive widower. Since opening on Valentine's Day, "Safe Haven" has taken in $30.3 million.

The Weinstein Co. animated tale "Escape from Planet Earth" opened at No. 4 with $16.1 million. With a voice cast that includes Brendan Fraser, Jessica Alba, Sarah Jessica Parker and Rob Corddry, the movie follows the adventures of aliens captured by the U.S. military.

Making a weak debut at No. 6 was the Warner Bros. teen fantasy "Beautiful Creatures," which pulled in $7.5 million for the weekend and $10 million since opening Thursday. The movie is based on the first in the best-selling series about a Southern misfit (Alden Ehrenreich) who falls under the spell of a teen witch (Alice Englert).

"A Good Day to Die Hard" did solid business despite bad reviews for the latest installment, which sends Willis' McClane to Moscow in search of his estranged son, an undercover spy who winds up teaming with the old man against Russian bad guys.

The movie's success follows notable flops from two other holdovers of the 1980s action scene, Sylvester Stallone with "Bullet to the Head" and Arnold Schwarzenegger with "The Last Stand."

"There's still life left in the 'Die Hard' franchise. Given the fact that pretty much every other R-rated action movie that's come out this year has completely fallen flat, this is a pretty good showing," said Paul Dergarabedian, an analyst for box-office tracker Hollywood.com. Willis is "one of the old-guard action stars who still has a solid career going, whereas a lot of these aging action heroes, unless they're in an ensemble cast, they're not able to draw audiences the way they used to."

Overall Hollywood business remained slow, with revenues off for the fourth-straight weekend compared to the same period last year. Domestic business from Friday to Sunday totaled $141 million, down 9.4 percent from the same weekend a year ago, when "Safe House" and "The Vow" led the way with about $23 million each.

A bright spot this year has been strong business for top Academy Awards contenders leading up to next Sunday's Oscars. The weekend's top-20 films included eight of the nine best-picture nominees, seven of which have either topped $100 million domestically or are close.

Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are included. Final domestic figures will be released Tuesday.

1. "A Good Day to Die Hard," $25 million.

2. "Identity Thief," $23.4 million.

3. "Safe Haven," $21.4 million.

4. "Escape from Planet Earth," $16.1 million.

5. "Warm Bodies," $9 million.

6. "Beautiful Creatures," $7.5 million.

7. "Side Effects," $6.3 million.

8. "Silver Linings Playbook," $6.1 million.

9. "Hansel and Gretel: Witch Hunters," $3.5 million.

10. "Zero Dark Thirty," $3.1 million.

___

Online:

http://www.hollywood.com

http://www.rentrak.com

___

Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.

Read More..

Cuomo Bucks Tide With Bill to Lift Abortion Limits

ALBANY — Bucking a trend in which states have been seeking to restrict abortion, Gov. Andrew M. Cuomo is putting the finishing touches on legislation that would guarantee women in New York the right to late-term abortions when their health is in danger or the fetus is not viable.

Mr. Cuomo, seeking to deliver on a promise he made in his recent State of the State address, would rewrite a law that currently allows abortions after 24 weeks of pregnancy only if the pregnant woman’s life is at risk. The law is not enforced, because it is superseded by federal court rulings that allow late-term abortions to protect a woman’s health, even if her life is not in jeopardy. But abortion rights advocates say the existence of the more restrictive state law has a chilling effect on some doctors and prompts some women to leave the state for late-term abortions.

Mr. Cuomo’s proposal, which has not yet been made public, would also clarify that licensed health care practitioners, and not only physicians, can perform abortions. It would remove abortion from the state’s penal law and regulate it through the state’s public health law.

Abortion rights advocates have welcomed Mr. Cuomo’s plan, which he outlined in general terms as part of a broader package of women’s rights initiatives in his State of the State address in January. But the Roman Catholic Church and anti-abortion groups are dismayed; opponents have labeled the legislation the Abortion Expansion Act.

The prospects for Mr. Cuomo’s effort are uncertain. The State Assembly is controlled by Democrats who support abortion rights; the Senate is more difficult to predict because this year it is controlled by a coalition of Republicans who have tended to oppose new abortion rights laws and breakaway Democrats who support abortion rights.

New York legalized abortion in 1970, three years before it was legalized nationally by the Supreme Court in Roe v. Wade. Mr. Cuomo’s proposal would update the state law so that it could stand alone if the broader federal standard set by Roe were to be undone.

“Why are we doing this? The Supreme Court could change,” said a senior Cuomo administration official, who spoke on the condition of anonymity because the governor had not formally introduced his proposal.

But opponents of abortion rights, already upset at the high rate of abortions in New York State, worry that rewriting the abortion law would encourage an even greater number of abortions. For example, they suggest that the provision to allow abortions late in a woman’s pregnancy for health reasons could be used as a loophole to allow unchecked late-term abortions.

“I am hard pressed to think of a piece of legislation that is less needed or more harmful than this one,” the archbishop of New York, Cardinal Timothy M. Dolan, wrote in a letter to Mr. Cuomo last month. Referring to Albany lawmakers in a subsequent column, he added, “It’s as though, in their minds, our state motto, ‘Excelsior’ (‘Ever Upward’), applies to the abortion rate.”

National abortion rights groups have sought for years to persuade state legislatures to adopt laws guaranteeing abortion rights as a backup to Roe. But they have had limited success: Only seven states have such measures in place, including California, Connecticut and Maryland; the most recent state to adopt such a law is Hawaii, which did so in 2006.

“Pretty much all of the energy, all of the momentum, has been to restrict abortion, which makes what could potentially happen in New York so interesting,” said Elizabeth Nash, state issues manager at the Guttmacher Institute, a research group that supports abortion rights. “There’s no other state that’s even contemplating this right now.”

In most statehouses, the push by lawmakers has been in the opposite direction. The past two years has seen more provisions adopted at the state level to restrict abortion rights than in any two-year period in decades, according to the Guttmacher Institute; last year, 19 states adopted 43 new provisions restricting abortion access, while not a single significant measure was adopted to expand access to abortion or to comprehensive sex education.

“It’s an extraordinary moment in terms of the degree to which there is government interference in a woman’s ability to make these basic health care decisions,” said Andrea Miller, the president of NARAL Pro-Choice New York. “For New York to be able to send a signal, a hopeful sign, a sense of the turning of the tide, we think is really important.”

Abortion rights advocates say that even though the Roe decision supersedes state law, some doctors are hesitant to perform late-term abortions when a woman’s health is at risk because the criminal statutes remain on the books.

“Doctors and hospitals shouldn’t be reading criminal laws to determine what types of health services they can offer and provide to their patients,” said M. Tracey Brooks, the president of Family Planning Advocates of New York State.

For Mr. Cuomo, the debate over passing a new abortion law presents an opportunity to appeal to women as well as to liberals, who have sought action in Albany without success since Eliot Spitzer made a similar proposal when he was governor. But it also poses a challenge to the coalition of Republicans and a few Democrats that controls the State Senate, the chamber that has in the past stood as the primary obstacle to passing abortion legislation in the capital.

The governor has said that his Reproductive Health Act would be one plank of a 10-part Women’s Equality Act that also would include equal pay and anti-discrimination provisions. Conservative groups, still stinging from the willingness of Republican lawmakers to go along with Mr. Cuomo’s push to legalize same-sex marriage in 2011, are mobilizing against the proposal. Seven thousand New Yorkers who oppose the measure have sent messages to Mr. Cuomo and legislators via the Web site of the New York State Catholic Conference.

A number of anti-abortion groups have also formed a coalition called New Yorkers for Life, which is seeking to rally opposition to the governor’s proposal using social media.

“If you ask anyone on the street, ‘Is there enough abortion in New York?’ no one in their right mind would say we need more abortion,” said the Rev. Jason J. McGuire, the executive director of New Yorkers for Constitutional Freedoms, which is part of the coalition.

Members of both parties say that the issue of reproductive rights was a significant one in November’s legislative elections. Democrats, who were bolstered by an independent expenditure campaign by NARAL, credit their victories in several key Senate races in part to their pledge to fight for legislation similar to what Mr. Cuomo is planning to propose.

Republicans, who make up most of the coalition that controls the Senate, have generally opposed new abortion rights measures. Speaking with reporters recently, the leader of the Republicans, Dean G. Skelos of Long Island, strenuously objected to rewriting the state’s abortion laws, especially in a manner similar to what the governor is seeking.

“You could have an abortion up until the day the child would be born, and I think that’s just wrong,” Mr. Skelos said. He suggested that the entire debate was unnecessary, noting that abortion is legal in New York State and saying that is “not going to be changed.”

The Senate Democratic leader, Andrea Stewart-Cousins of Yonkers, who is the sponsor of a bill that is similar to the legislation the governor is drafting, said she was optimistic that an abortion measure would reach the Senate floor this year.

“New York State’s abortion laws were passed in 1970 in a bipartisan fashion,” she said. “It would be a sad commentary that over 40 years later we could not manage to do the same thing.”

Read More..

A First Step on Continent for Google on Use of Content

PARIS — Publishers in France say they have struck an innovative agreement with Google on the use of their content online. Their counterparts elsewhere in Europe, however, say the French gave in too easily to the Internet giant.

The deal was signed this month by President François Hollande of France and Eric E. Schmidt, the executive chairman of Google, who called it a breakthrough in the tense relationship between publishers and Google, and as a possible model for other countries to follow.

Under the deal, Google agreed to set up a fund, worth €60 million, or $80 million, over three years, to help publishers develop their digital units. The two sides also pledged to deepen business ties, using Google’s online tools, in an effort to generate more online revenue for the publishers, who have struggled to counteract dwindling print revenue.

But the French group, representing newspaper and magazine publishers with an online presence, as well as a variety of other news-oriented Web sites, yielded on its most important demand: that Google and other search engines and “aggregators” of news should start paying for links to their content.

Google, which insists that its links provide a service to publishers by directing traffic to their sites, had fiercely resisted any change in the principle of free linking.

The agreement dismayed members of the European Publishers Council, a lobbying group in Brussels, which has been pushing for a fundamental change in the relationship between publishers and Google. The group criticized the French publishers for breaking ranks and striking a separate business agreement that has no statutory standing.

The deal “does not address the continuing problem of unauthorized reuse and monetization of content, and so does not provide the online press with the financial certainty or mechanisms for legal redress which it needs to build sustainable business models and ensure its continued investment in high-quality content,” Angela Mills Wade, executive director of the publishers council, said in a statement.

German publishers were also scornful, with Anja Pasquay, a spokeswoman for the German Newspaper Publishers’ Association, saying: “Obviously the French position isn’t one that we would favor. This is not the solution for Germany.”

Germany has been in the forefront of the push to get Google to share with online news publishers some of the billions of euros that the company earns from the sale of advertising. A proposed law, endorsed by the government of Chancellor Angela Merkel and working its way through the federal legislature, would grant a new form of copyright to digital publishers. If enacted, it could allow publishers to charge search engines or aggregators for displaying even snippets of news articles alongside links to other Web sites.

Mr. Hollande had vowed to introduce similar legislation this winter if Google and the publishers did not come to terms. It appears that Google, which had threatened to stop indexing French Web sites’ content if it had to pay for links, has sidelined the threat of legislation, at least for now; the agreement will be reviewed after three years, Mr. Hollande has said.

Under the deal, Google says it will help the publishers use several of its digital advertising services, including AdSense, AdMob and Ad Exchange, more effectively.

Publishers are already free to use these services, and it was not immediately clear how they would be able to generate more revenue from them; this part of the accord remains confidential, both sides say, because they are still negotiating the fine print.

“This agreement can help accelerate the move toward greater advertising revenues in the digital world,” said Marc Schwartz of Mazars, a consulting firm, who is serving as an independent mediator in the talks. “I’m not saying we have done everything, but it’s a first step in the right direction.”

More has been said about the planned innovation fund. Publishers will submit proposals to the fund, which will select ideas to finance and develop, with the involvement of Google engineers.

“The idea is that it would inject innovation into the sector in France,” said Simon Morrison, copyright policy manager at Google.

Read More..