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Monday noveMber 2, 2009

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Britain Jails Texting Driver Who Killed

OXFORD, England — Inside the imposing British Crown Court here, Phillipa Curtis, 22, and her parents cried as she was remand- ed for 21 months to a high-security women’s prison, for killing some- one much like herself. The victim was Victoria McBryde, an up-and- coming university-trained fashion designer. Curtis had plowed her Peugeot into the rear end of McBryde’s ne- on yellow Fiat, which had broken down on the A40 Motorway, killing McBryde, 24, instantly. The crash might once have been written off as a tragic accident. Curtis’s alcohol level was zero. But her phone, which had flown onto the road and was handed to the police by a witness, told a story that — under new British sentenc- ing guidelines — would send its owner to prison. In the hour before the crash, she had exchanged nearly two dozen messages with at least five friends, most concerning her en- counter with a celebrity singer she had served at the restaurant where she worked. They are filled with the man- gled spellings and abbreviations

that typify the new lingua franca of the young. “LOL did you sing to her?” a friend asks. Curtis replies by typing in an expletive and add- ing, “I sang the wrong song.” A last incoming message, never opened, came in seconds before the acci- dent. With that as evidence, Curtis was sentenced last February under 2008 British government directives that regard prolonged texting as a serious aggravating factor in “death by dangerous driving” — just like drinking — and generally recommend four to seven years in prison. The case reveals the tensions that arise when law enforcement and the courts begin to crack down on a dangerous habit that has be- come widespread and socially acceptable. Is texting while driv- ing bad judgment, or a heinous crime? And what is the appropri- ate punishment? Upon hearing the sentence, prosecutors — backed by the police and McBryde’s mother — quickly appealed to Britain’s highest court for a longer prison term, calling 21 months “unduly lenient.”

“She came across as a lovely young girl, and I’m sure it wasn’t a nice feeling for the judge to send someone like this to prison — but someone is dead because of a text message,” said Bill Sykes, the of- ficer who responded to the crash and led the investigation. But many young people, among them the dead woman’s own sib- lings and friends, disagreed, sym- pathizing also with Phillipa Curtis. “I think Phillipa’s sentence was long enough, as she seemed like such a normal girl,” said Gemma Pancoust, the victim’s cousin and close friend, with whom she liked to sing karaoke to Dolly Parton’s “9 to 5.” “Until Tory’s death I tex- ted while driving, as have most people. I don’t think she realized the danger she was causing.” The lord chief justice of England and Wales, Lloyd Jones, heard the appeal to extend the 21-month prison term. While concluding that the punishment was “lenient” and “arguably it was unduly so,” he declined. He cited Curtis’s “positive good character” as well as her “genuine remorse” over the collision. ELISABETH ROSENTHAL

Obama Campaigns for Corzine in New Jersey

NEWARK — President Obama swept into New Jersey on Sunday, pleading with his supporters to summon up the enthusiasm they poured into his election last No- vember and deliver a victory for Democratic Gov. Jon S. Corzine. “He’s one of the best partners I have in the White House. We work together,” Obama said. “We know our work is far from over.” Obama’s appearances in Cam- den and Newark underscored the White House’s determination to stave off defeat for Corzine, the only Democratic incumbent up for re-election this year, who is facing an aggressive challenge from Re- publican Christopher J. Christie. The race is one of several likely to be viewed as a barometer of the president’s popularity. In a congressional race in up- state New York, the White House helped to engineer the surprise

endorsement of the Democratic candidate, Bill Owens, by Assem- blywoman Dede Scozzafava, the Republican nominee who dropped out on Saturday. The move by Scozzafava, a moderate former small-town mayor, only intensi- fied the intra-party fighting in a contest that has become a battle for the future of the Republican party. In New York City, Mayor Mi- chael R. Bloomberg and City Comptroller William C. Thompson Jr. raced across the five boroughs in last minute appeals to voters. Bloomberg tried to ward off com- pacency among his supporters, with polls showing him with a comfortable lead, while a vastly underfunded Thompson tried to generate enthusiasm among core Democratic voters. Virginiavoterswillalsochoosea new governor Tuesday, but there,

the Republican Bob McDonnell has a double-digit lead against the Democrat Creigh Deeds, and the White House has all but conceded Deeds cannot overtake him. “We need to get to the polls each and every person who is sick and tired of Corzine,” Christie said. Obama tried to rebut Christie’s attacks on Corzine over the state’s economic problems, saying the Republican supported policies that contributed to the nation’s continuing financial woes. “Listening to Jon’s opponent, you’d think New Jersey was the only state going through a tough time right now,” Obama said. “I have something to report: we have the worst financial crisis since the Great Depression. By the way, that didn’t start under Jon’s watch, that didn’t start on my watch.” DAVID CHEN DAVID HALBFINGER

KARZAI CHALLENGER STEPS ASIDE BUT CHALLENGES FRAUD

KABUL, Afghanistan — Af- ghanistan’s last presidential challenger, Abdullah Abdullah, dropped out of the race on Sun- day, accusing the government of profound corruption and electoral fraud even as the Obama admin- istration rallied around President Hamid Karzai. Abdullah, in an emotional speech to thousands of supporters here, urged Afghans not to take to the streets to protest or boycott

the political system. But he said he could not take part in an elec- tion runoff this week that he felt would be at least as fraudulent

as the badly tainted first round in

August, in which almost a million ballots for Karzai were thrown out as fakes. “I hoped there would be

a

better process,” he said. “But it

is

final. I will not participate in the

Nov. 7 elections.” Advisers to President Obama called Abdullah’s decision a per- sonal choice that would not greatly affect American policy and was in line with the Afghan constitution. And they portrayed the election of Karzai as essentially settled enough that Obama could move forward with deciding whether to send as many as 40,000 additional troops to Afghanistan, with an an- nouncement that likely remains at least three weeks away. “Every poll that had been taken there suggested that he was likely

to be defeated anyway, so we are

going to deal with the government that is there,” said David Axelrod,

a senior adviser to Obama, on

CBS’s “Face the Nation.” Even though Karzai’s camp in- sisted that the Nov. 7 vote would go on, American and other Western officials in Afghanistan said they would push for a legal decision

to make Karzai president rather

than holding a one-candidate elec- tion under direct threat of violence by militants against polling plac- es. CARLOTTA GALL and JEFF ZELENY

InteInteRRnnAAttIIononAAll Monday,Monday, nnoveoveMMberber 2,2, 20092009 22 Korean School Preserves Innocence at DMZ

InteInteRRnnAAttIIononAAll

Monday,Monday, nnoveoveMMberber 2,2, 20092009 22

Korean School Preserves Innocence at DMZ

TAESUNG FREEDOM VIL- LAGE, Korean Demilitarized Zone — Kim Han-seul, a fifth grader, has the most heav- ily armed crossing guard in the world. Each morning, his school bus picks him up at a bustling town outside the Demilitarized Zone that separates South and North Korea. It drives through wire fences, tank traps and military check- points along a road flanked by minefields. After a 50-minute drive escort- ed by a military jeep with a United Nations flag, the bus unloads Han- seul and a score of other students at Taesung Elementary, the only school inside the Korean Demili- tarized Zone, a heavily armed no man’s land guarded on both sides by nearly two million troops fac- ing off in an uneasy truce. “People say that if a war broke out, I am going to be the first to be killed,” said Han-seul, an 11-year-

old with horn-rimmed glasses.

“But I say, if we haven’t had an- other war since the Korean War in the 1950s, why would you ex- pect a war to happen now? I don’t have a worry in the world.” Nearby, armed South Korean soldiers stood guard behind the corners of school buildings. This two-story island of child- hood innocence is the proudest part of Taesung Freedom Village, the only pocket of land inhabited

by South Korean civilians inside

the 2.5-mile-wide Demilitarized Zone. For decades, the village and

its school have symbolized the

uneasy peace on the border. To keep them populated, South Ko- rea has given the villagers in- centives for staying, exempting them from taxes and mandatory military service. Taesung is one

of South Korea’s richest villages,

its farmers allotted 10 times as

much farmland as their average counterparts elsewhere in the

country. Still, by 2007, Taesung was suc- cumbing to the problem plaguing every other rural village in South Korea: its population was shrink- ing and aging as young people left for college and jobs in cities. So last year, South Korea and the United Nations Command, which oversees the southern side of the Demilitarized Zone, decid- ed to bring children from outside the Demilitarized Zone to attend Taesung Elementary. Now the school has 30 students, the maximum allowed under an agreement between the South and the United Nations Com- mand. Everything in the school is free except for snacks. “There are 15 outside students waiting for a vacancy here,” said Joo Sung-hyun, 37, one of the school’s 18 teachers. “Our school gets special attention, and it’s bet- ter equipped and better staffed than most other schools in South Korea.” CHOE SANG-HUN

Iran Braces for Renewed Opposition Challenge

BEIRUT, Lebanon — As Iran prepares for a major commemo- rative rally on Wednesday, the leaders of the opposition move- ment called over the weekend for a renewed challenge to the

government, setting the stage for

a possible showdown between pro-

testers and the police. Although the opposition leaders, Mir Hussein Moussavi and Mo- hammad Khatami, did not openly call for street protests, their re- marks were widely seen as a call to arms on a day of considerable symbolic importance. The occasion is the 30th anniver- sary of the takeover of the United States Embassy in Tehran by

hard-line students on Nov. 4, 1979. The day is marked every year with anti-American rallies. For weeks, opposition groups have been calling for their sup- porters to turn the event into a show of support for their protest

against the disputed June presi- dential election and its violent aftermath. The authorities have repeatedly warned that they will

put down any protests fiercely.

On Wednesday, Iran’s supreme leader, Ayatollah Ali Khamenei, said questioning the results of the June elections was “the greatest crime.” He did not refer directly to the Nov. 4 rally, but his com- ments were widely interpreted as

a stark warning that the govern- ment would brook no challenges. Khamenei is said to have been sur- prised and angered after another annual pro-government rally in September, known as Jerusalem Day, was largely hijacked by anti- government protesters. Moussavi, in his first state- ment in more than a month, urged his supporters on Saturday to continue their opposition to the results of the election, which he had dismissed from the start as fraudulent. He urged them to avoid violence, and cited the Nov. 4 anniversary as a reminder that leaders should follow the will of the people. (NYT)

New Smaller Bomb Attacks Leave Baghdad on Edge

BAGHDAD — A week after the deadliest attack in Iraq in more

than two years, a scattering of smaller bomb attacks around the country on Sunday raised fears of

a sustained escalation in violence

as American forces withdraw. The bombings, which killed at least 12 people and wounded more than 50, killed both police officers and civilians and struck Sunni as well as Shiite areas. Though violence in Iraq has fall-

en sharply since 2007, many Iraqis fear an increase before parlia- mentary elections scheduled for

Jan. 16. Since the attacks on Oct.

25, which killed 155 and destroyed

three government buildings in Baghdad, the authorities have arrested dozens of suspects and security officers, and critics have lashed out at the government for failing to provide security. Vice President Tariq al-Hashi-

mi said in a statement on Sunday

that the Baghdad attacks were preventable, and he blamed “cat- astrophic gaps and breaches in security forces.” Also on Sunday, a special envoy from the United Nations arrived in Baghdad to investigate secu- rity here. Iraqi leaders had asked the United Nations Security Coun- cil to study the role of neighboring countries in last week’s attacks on itsministries.

JOHN LELAND

I N

BRIEF

Fighting in Somalia

MOGADISHU, Somalia — At least 36 people have been killed and scores wounded in three days of fighting in towns across southern and central Somalia,

a local human rights group said

Sunday. “At least 36 people died and 175 others were injured in Mogadishu, Galcaio and in Ba- kool region in the last three days,” said Ali Yasin Gedi, vice chairman of the rights group, the Elman Peace Center. Government troops fought a rebel group in a central town, the two main insurgent forces battled each other in the south and police officers from the semiautonomous northern re- gion of Puntland clashed with

soldiers on their border. (Reuters)

Israel Makes Arrest

JERUSALEM — The Israeli police said Sunday that they had arrested Jack Teitel, a 37-year- old American immigrant and a West Bank settler, and charged him in an array of killings and terrorist attacks over the last 12 years, including the murders of two Palestinians, the bomb- ing of a leftist Israeli profes- sor’s home and the maiming of

a 15-year-old boy who belongs

to a community of Jews who be- lieve in Jesus. The murders with which he has been charged, of a taxi driv- er in Jerusalem and a shepherd south of the West Bank city of

Hebron, took place in 1997. The attacks on the teenager and on the professor occurred last

year.

(NYT)

Russian Plane Crash

MOSCOW — A Russian mili- tary cargo plane crashed Sun- day on takeoff in Siberia, killing all 11 crew members on board, officials said. The crash was the second ac- cident in less than a month in- volving an Il-76, the mainstay of the Soviet and Russian Air Force since the 1970s. These and a string of other accidents have raised concerns about the condition of Russia’s aging fleet of Soviet-built aircraft. The cause of the crash on Sun-

day was not yet known.

(AP)

nAtIonAl Monday, noveMber 2, 2009 3 Immigrant Jail Tests Views on Lawyer Access A startling

nAtIonAl

Monday, noveMber 2, 2009 3

Immigrant Jail Tests Views on Lawyer Access

A startling petition arrived at

the New York City Bar Associa- tion in October 2008, signed by 100 men, all locked up without crimi- nal charges in the middle of Man- hattan.

It described cramped, filthy

quarters where dire medical needs were ignored, hungry pris- oners were put to work for $1 a day by a private company under federal contract, and any protest met threats of transfer to worse jails far away. The petitioners, seeking an investigation, were among 250 detainees imprisoned in an immi- gration jail that few New Yorkers even know exists. Above a busy post office, on the fourth floor of a federal office building in Green- wich Village, the Varick Street Detention Facility is easy to miss. For years it was shuttered, but it quietly reopened last year under an arrangement that pays divi- dends to an Alaskan native tribe. Now it takes in 11,000 men each

year, most of them longtime New Yorkers facing deportation with- out a lawyer. Galvanized by the petition, the bar association and its allies sent teams of volunteers into the jail to

offer basic legal counsel to detain- ees — a strategy the Obama ad- ministration has embraced as it tries to fix the nation’s sprawling immigration detention system. “Immigration and Customs En- forcement considers the access to legal services at Varick Street as a good model,” said Sean Smith, a spokesman for Janet Napolitano, secretary of homeland security, who oversees immigration en- forcement. But the lawyers doing the work have reached aquite different con- clusion, after finding that most de- tainees with a legal claim to stay in the United States are routinely transferred to more remote jails before they can be helped. The lawyers say their effort has laid bare the fundamental unfairness

of a system where immigrant detainees, unlike criminal defen- dants, can be held without legal representation and moved from state to state without notice. In a report to be issued on Mon- day, the association’s City Bar Justice Center is calling for all im- migrant detainees to be provided with counsel. The new focus on Varick high- lights the conflict between two forces: the administration’s plans to revamp detention, and current policies that feed the flow of de- tainees through the system as it is now. A disjointed mix of county jails and privately run prisons, the detention network churns roughly 400,000 detainees through 32,000 beds each year. “Any attempt to get support or services for them is stymied because you don’t know where they’re going to end up,” said Lynn M. Kelly, the director of the Justice Center. NINA BERNSTEIN

Strategy on Health Care Seems to Be Paying Off

WASHINGTON—Aftermonths of plodding work by five Congres- sional committees and weeks of back-room bargaining by Demo- craticleaders,PresidentObama’s arms-length strategy on health care appears to be paying divi-

dends, with the House and the Sen- ate poised to take up legislation to insure nearly all Americans. Debate in the House is expected to begin this week, and the Senate will soon take up its version.

In interviews, senior advisers to

the president said the progress on

Capitol Hill vindicated Obama’s strategy of leaving the details up

to lawmakers, though they are wary of sounding overconfident. “You don’t see any shimmy- ing in the end zone,” said Rahm Emanuel, the White House chief of staff. “No spiking the ball on the 20-yard line here.” The bills have advanced further than many lawmakers expected. Five separate measures are now pared down to two. But the legisla- tive progress has come at a price. In the absence of specific guid-

ance from the White House, it has moved ahead in fits and starts. From here on, the challenges will only grow more difficult.

In the House, where leaders have vowed to pass a bill by Nov. 11, a fight over abortion coverage could still imperil the legislation, and Obama could lose votes from liberals upset that the bill includes a weakened “public option,” a gov- ernment insurance plan to com- pete with the private sector. In the Senate, where Democrats will need support from every member of their caucus to reach the 60-vote threshold to avoid a po- tential filibuster, Obama’s hands- off strategy carries particular risks. ROBERT PEAR and SHERYL GAY STOLBERG

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BRIEF

Search Called off

Military officials said on Sun- day that they did not expect to find survivors among the sev- en Coast Guard members and two Marines missing since their aircraft collided in a ball of fire Thursday off the coast of San Diego. After searching 644 square miles of ocean, officials direct- ing the search declared it a “re- covery operation” and focused on investigating the cause of the crash and combing through about 50 miles of floating de-

bris.

(NYT)

6 Bodies Found

The badly decomposed bodies of six women were found at the home of a convicted rapist in Cleveland last week, all victims

of homicide, the coroner’s office said Sunday. At least five of the women seemed to have been strangled, said Powell Caesar, a spokes- man for the Cuyahoga County coroner. Decomposition made

it difficult to determine how the

sixth died, he said. The convicted rapist, Anthony

Sowell, 50, was arrested Satur-

(AP)

day.

nature Reserve

Puerto Rico’s governor on Friday canceled the designa- tion of part of the island’s north- eastern coastline as a nature reserve, opening the door to large-scale development along

a white-sand beach where pro-

posals for hotel resorts have

sparked bitter protests.

(AP)

23 College Presidents Made More Than $1 Million in 2008, Survey Finds

The presidents of the nation’s major private research universi- ties were paid a median compen- sation of $627,750 in the 2007-8 fis- cal year — a 5.5 percent increase from the previous year — accord- ing to The Chronicle of Higher Education annual executive com- pensation survey. The highest paid private uni- versity executive was Shirley Ann Jackson, president of Rensselaer Polytechnic Institute in Troy, N.Y., with a pay package totaling $1,598,247 in fiscal 2008. According to the survey, pub-

lished in Monday’s edition, 23 pri- vate college presidents made over $1 million in total compensation, and 110 made more than $500,000. Such large pay packages are still relatively new in higher educa- tion: as recently as 2002, there were no million-dollar presidents. Over all, the Chronicle survey found, the median pay for presi- dents of the 419 private colleges and universities surveyed was $358,746, a 6.5 percent increase over the previous year. Why is university presidents’ pay going up so much?

“I think the answer you’d get from the governing boards that set these salaries is that it’s a market and it’s increasingly hard to find these people,” said Jeffrey Selingo, editor of The Chronicle of Higher Education, which has pub- lished its compensation survey annually since 1993. “That said, almost every year, presidential salaries have gone up faster than inflation, and faster than tuition, which rankles some people on campus.” The Chronicle’s information is from federal tax documents for

the 2007-8 fiscal year, the most re- cent data available, but from a pe- riod before the current economic downturn. “Since then, many presidents have taken pay cuts, donated part

of their pay in scholarships, or had

their pay frozen,” Selingo said. Selingo pointed out, however, that even if presidential pay has stopped growing so quickly, tu- ition has not, with 58 private col- leges charging more than $50,000 for tuition, fees, room and board this year, compared with only five last year. TAMAR LEWIN

BUSIneSS Monday, noveMber 2, 2009 4 Creditors Back CIT Group’s Bankruptcy As the CIT Group

BUSIneSS

Monday, noveMber 2, 2009 4

Creditors Back CIT Group’s Bankruptcy

As the CIT Group sought des-

perately to avoid bankruptcy this summer, it argued that be- ing forced into Chapter 11 protec- tion would spell disaster for its customers: a wide swath of the nation’s small and midsize busi- nesses who rely on the 101-year- old company for financing. On Sunday, CIT entered what

it called a different kind of bank-

ruptcy, one that will let it re- emerge from court protection by the end of the year under the ownership of its creditors, who widely supported the reorgani- zation plan. The filing marks the culmi- nation of months of bargaining among CIT, its creditors and the federal government over the company’s fate. Bank regula- tors concluded over the summer that even though CIT was vital to many small businesses that needed financing, the company’s problems did not pose the type of systemic risk that led to the ag-

gressive rescues of Citigroup and Bank of America. Even so, the bankruptcy fil- ing means taxpayers will lose the $2.3 billion investment they made in CIT as part of the gov- ernment’s sweeping financial rescue last fall, marking the first such loss of the bailout program. Even though the government

has been repaid with interest for its investments in companies like Goldman Sachs and Mor- gan Stanley, it will probably see more losses in companies like the American International Group and Chrysler. By filing a so-called prepack- aged bankruptcy plan, CIT is aiming to limit the damage in- flicted on the scores of retailers and other companies that de- pend on the specialized financ- ing it provides. It is the dominant provider of factoring, in which a company sells the debt it is owed to a company like CIT at a dis- count.

Many companies that provide factoring have been hit hard by the faltering economy and have closed their doors, leaving more businesses dependent on the likes of CIT, according to Michael C. Appel, the head of the retail and consumer practice at Quest Turnaround Advisors, a consult- ing firm. “In the long run it will be good for CIT,” said Emanuel Wein- traub, chief executive of Eman- uel Weintraub and Associates, a

management consultancy. “In the short term it will not be good for thinly financed companies that may not be immediately taken in by other lenders.” CIT’s filing will test whether a financial company can survive the Chapter 11 process. Bank- ruptcy has long been considered

a death knell for lenders, whose

very existence depends on the confidence of its creditors and customers. MICHAEL J. de la MERCED

An Atypical Billionaire in the Legal Spotlight

For Raj Rajaratnam, the bil- lionaire hedge fund manager

on short-term gains. But those tactics are not illegal. The cred-

supporters is Geoffrey Canada, the chief executive of the Harlem

charged with insider trading, legal problems are nothing new. In 2005, he paid $20 million in back taxes, penalties and interest

ibility of a crucial witness against him has already been seared, and Rajaratnam’s fund actually lost money on the trades outlined in

Children’s Zone, a charity that runs after-school programs and workshops. After Rajaratnam’s arrest, Canada volunteered to be

to

settle a federal investigation in-

the complaint against him.

one of five co-signers of Rajarat-

to

a sham tax shelter that he used,

And Rajaratnam does not en-

nam’s $100 million bail. Prosecu-

according to a previously undis- closed lawsuit. His Galleon Group funds were entangled in an earlier fraud case. But both the case against Raja- ratnam and the man himself are more complex than they may first appear. Rajaratnam and Galleon trade assets rapidly and focus

tirely fit the stereotype of a Wall Street billionaire. Friends paint him as gregarious and generous, a fan of cricket and an avid player of fantasy football, a relatively straightforward man whose par- ents live with him and his wife, Asha, in Manhattan. AmongRajaratnam’sstrongest

tors initially asked for Rajarat- nam to be held without bond, call- ing him a flight risk. If Rajaratnam did flee, Canada could lose everything he owns. But Canada said he was comfortable with the arrangement. “I have not had a moment’s doubt,” he said. ALEX BERENSON

I N

BRIEF

Geithner: Growth Before Deficit Cuts

Treasury Secretary Timothy F. Geithner acknowledged that the federal deficit was too high, but said that the priorities now are economic growth and job creation. On “Meet the Press” Sun- day on NBC, he said President

Obama is committed to deal- ing with the deficit in a way that would not add to the tax bur- den of people making less than $250,000 a year. Obama has not decided how to cut the deficit, Geithner said. “Right now we’re focused on getting growth back on track,”

he said on the broadcast.

(AP)

Children Watch More tV than ever

Nielsen reported last week that children ages 2 to 5 spent

nearly 25 hours a week watch- ing television, the highest fig- ure on record. They spent an additional seven weekly hours watching DVDs, playing video games and watching TiVo-style

time-shifted television.

(NYT)

new G.e. Unit

General Electric’s health care division is introducing on Thursday a new unit, eHealth, dealing with electronic medical records. The goal for the unit is region- al and statewide health infor- mation exchanges. A $564 mil- lion grant from the federal gov- ernment to the states will help

get things started.

(NYT)

TV Finds That a Mortal Foe, the DVR, Is Really a Best Friend

In what may seem a media

business version of the Stockholm syndrome, television network ex- ecutives have fallen in love with

a former tormentor: the digital

video recorder. The reason is not simply that more households own digital video recorders — 33 percent compared with 28 percent at this point in 2008 — helping some marginal shows become hits. It is also that more people seem content to sit through the commercials than networks once thought. These factors mean DVR rat-

ings now add significantly to live ratings and thus to ad revenue. “The DVR was going to kill tele- vision,” said Andy Donchin, direc-

tor of media investment for the ad agency Carat. “It hasn’t.” Nearly half of all people watch- ing delayed shows are still watch- ing ads. According to Nielsen, 46 percent of viewers 18 to 49 years old for all four networks taken to- gether are watching the commer- cials during playback. Why would people pass on the opportunity to skip through them? The most basic reason, accord-

ing to Brad Adgate, the senior vice president for research at Horizon Media, a media buying firm, is that the behavior that has under- pinned television since its inven-

tion still persists. “It’s still a pas- sive activity,” he said. And those passive viewers are watching in numbers big enough

to turn some hits (“House” on Fox)

into even bigger moneymakers, some middling successes (“How

I Met Your Mother” on CBS) into

healthier profit centers, and some

seemingly endangered shows (“Heroes” on NBC) into possible

survivors. Two years ago, Nielsen started measuring television consump- tion by the so-called “commercial- plus-three” ratings, which mea- sure viewing for the commercials in shows that are watched either live or played back on digital video recorders within three days.

At the time, network executives resisted the change, fearing that they would never get credit for

recorded shows because viewers would skip through all the com- mercials. But the figures show otherwise. BILL CARTER

BUSIneSS Monday, noveMber 2, 2009 5 Small Banks Move In as the Giants Falter The

BUSIneSS

Monday, noveMber 2, 2009 5

Small Banks Move In as the Giants Falter

The Texas banker Edward Speed wants his fellow Texans to think small. Sensing an opportunity to capi- talize on public outrage over big national banks rescued by tax- payers bailouts, Speed has started a campaign urging Texans to take their cash out of banks like Wells Fargo and turn it over to small homegrown institutions like his, the Texas Dow Employees Credit Union. His pitch drips with Texas swagger — “Real Texans bank locally” reads one of his ads. “We respectfully suggest they head on back home and make their profits where they live.” He started a Web site, bank- withtexans.org, urging people to switch their accounts from “out- of-state carpetbaggers” to local institutions that never embraced risky Wall Street investments like credit-default swaps and instead stuck to taking deposits and mak- ing old-fashioned loans.

Across the country, community banks like Speed’s are trying to tap into the public’s outrage over Wall Street greed to lure custom- ers from their big multinational competitors. The overarching message: You can trust us, because we did not cause the crisis and did not need bailouts. Of course, 115 small banks have failed since the financial turmoil began last year, and more are ex- pected. But they represent a small fraction of the nation’s 8,000 or so community banks. The message is being spread on highway billboards, in local tele- vision spots, at town hall meetings and even at professional baseball games. At the Colorado Rockies home opening game in April, fans at Co- ors Field witnessed a single-en- gine propeller plane with a banner in tow. It read: “This is the closest thing we have to a private jet.” The ad was commissioned by

FirstBank of Colorado, which hired a local marketing firm to design ads that promoted the re- gional bank’s conservative lend- ing practices. The recession has provided an opening for small banks to pro- mote their relative stability. Ac- cording to the Federal Deposit In- surance Corp., the federal agency that insures deposits, banks with less than $1 billion in assets re- mained the best capitalized in the industry, meaning they have adequate cash to absorb loan de- faults. And most smaller banks have continued to extend credit to con- sumers and small businesses, while big banks like Citigroup continue to cut back on their out- standing loan balances. With Sunday’s bankruptcy of the CIT Group, one of the biggest small business lenders in the country, community banks sense even more opportunity to fill the void. ZACHERY KOUWE

China’s New Stock Exchange Opens With a Surge

SHANGHAI — The highly an- ticipated opening of China’s new Nasdaq-style stock exchange last Friday is already being seen as a watershed moment for the coun- try’s capital markets, providing an alternative source of financing for upstart companies. Investors went on a wild buying spree during the first day of trad- ing Friday on the Growth Enter- prise Market, or GEM, sending the shares of some companies soaring as much as 210 percent. “This is potentially a major

game changer in China’s high- tech industry,” said Yu Zhou, a professor at Vassar College in Poughkeepsie, N.Y. “For about 10 years, the biggest problem for China’s innovative companies was finance. You know it is very hard for them to get loans from state-owned banks.” The buying was so feverish that regulators temporarily sus- pended trading in the shares of all 28 newly listed companies at different points on Friday, and analysts warned about the risks

posed by excessive speculation and inflated stock prices. The first batch of companies listed on the GEM — including film producers, software makers and pharmaceutical companies — raised about $2 billion in their initial public offerings. By the end of trading Friday, the combined market value of the newly listed companies was more than $20 billion, creating fortunes for the founders and investors in those companies. DAVID BARBOZA

Death in Web Era Raises New Issues

PARIS — Almost everybody on the Internet will someday have to make a decision after a loved one

dies, whether it is what to do with

a Facebook profile or passing on

archived e-mail messages. Off-line, no deed and title com- pany sends a crew to tear down a home. But online, under the agree- ments that users accept, that can be the default setting. “When you have a real, tangible sword or gold coin, you can have an exclusive right to that object, and the law can recognize that,” said Greg Lastowka, a law profes- sor at Rutgers University in New Jersey who is writing a book on property rights and virtual goods. “But when you have the mediation of the network software and the owner of the virtual environment, they have an interest as well. They’re caught in the middle.” One way to resolve the question

of access is for a site to require a user to name a digital executor to receive a person’s latest pass- words after death. “I think we’re heading in that direction,” said Devan R. Desai,

a visiting fellow at the Center for Information Technology Policy at

Princeton and a professor at the Thomas Jefferson School of Law

in California. “It’s an easy way to address this issue on a large scale.” The solution is effective — but

if the executor enters an account

with the name and password of the deceased without the knowl- edge of the service provider, that entry may constitute identity fraud, Desai said. CHRIS V. NICHOLSON

Comcast Is Said to Be Close to a Deal to Acquire NBC Universal

General Electric and the cable

giant Comcast have moved closer

to a deal to hand over control of

NBC Universal to Comcast, with

a formal announcement could

be made sometime next week, people briefed on the talks said Sunday. After meetings last week, the two companies on Friday reached a tentative agreement over the main points of a deal, these people said. Comcast would own about 51 percent of NBC Uni- versal, contributing several bil- lions of dollars in cash and its own stable of cable networks to the

new venture. G.E., which currently owns 80

percent of NBC Universal, would contribute several billion dollars

of debt to hold an initial 49 percent stake in the new entity, though it is expected to eventually sell its ownership interest over several years. Much work remains before the deal can be finalized. The main is- sue is negotiations with Vivendi, the French conglomerate that owns 20 percent of NBC Univer- sal. Talks with Vivendi are con- tinuing, focused largely on how to reach an acceptable valuation

of NBC Universal, these people said. Vivendi’s chief executive, Jean-Bernard Lévy, said at an in- dustry conference last week that his company may seek to sell its stake in NBC Universal through an initial public offering. Under the terms of its agreement with G.E., Vivendi has the right from mid-November to mid-December to sell its stake in NBC Universal. But analysts largely expect G.E. to reach a deal to buy Vivendi’s stake. Other potential bidders have surfaced, including the News

Corp. But talks between G.E. and Comcast have advanced far enough that a deal with another company is unlikely, people briefed on the matter said. Even if a deal is finalized by next week, it would still require regulatory approval, a process that could take several months. If a deal is completed, it would help diversify Comcast’s hold- ings beyond its cable television operations, a longstanding goal for its chief executive, Brian Rob- erts. ANDREW ROSS SORKIN and MICHAEL J. de la MERCED

joURnAl Monday, noveMber 2, 2009 6 A Neil Simon Broadway Revival Falls Victim to Changing

joURnAl

Monday, noveMber 2, 2009 6

A Neil Simon Broadway Revival Falls Victim to Changing Tastes

Neil Simon was the cross-over comedy king of Broadway and Hollywood from the 1960s, when his play “Barefoot in the Park” and three other major shows overlapped in New York, through the 1990s, an era that included hit films, three Tony Awards, and a Pulitzer Prize. But comedy is changing on Broadway, and on Sunday one of Simon’s most-produced plays in the last 25 years, “Brighton Beach Memoirs,” became one of the biggest com- mercial flops on Broadway in recent memory. It closed a week after it opened, shocking many, not least the writer himself. “I’m dumbfounded,” Simon, 82, said in an interview. “After all these years, I still don’t

get how Broadway works, or what to make of our culture.” What went wrong with “Brighton Beach Memoirs” is a case study in success and fail- ure on Broadway today: There were no big stars like Jude Law in the current commer- cial hit “Hamlet,” there was no marketing campaign that framed the Simon play as a can’t-miss theatrical event, and there was no wow factor that brought the period piece to life, like the breakneck pacing of the popular farce “Boeing-Boeing” last year. But the fail- ure also reflects America’s evolving sense of humor and taste. People, for whatever reason, didn’t want to see the Simon play, about a Depression-era

CRoSSWoRD

CRoSSWoRD

Edited By Will Shortz

Edited By Will Shortz

PUZZLE BY ANDREA CARLA MICHAELS AND KENT CLAYTON

ACROSS

1 U.S. disaster

relief org.

5 Crackle and

Pop’s companion

9

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baby!”

14

Lumberjacking tools

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16

Thespian

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Jeopardy

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20

Spring egg distributor

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Cartoonist Browne

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Verdi aria “ tu”

25

Gasoline additive

28

Wad of gum

30

Jetsam’s partner

34

One who leaves money under a pillow

37

Fork part

38

Cove

39

“Yoo-

!”

40

Beauty parlor

41

Greenish-blue

42

Head of a major toy outfit

44

Largest city in

Pakistan

46

“Big Love” airer

47

Depot: Abbr.

48

Greek letter X

49

Kind of date for an expectant

mother

51

Ripley

catchphrase

that’s apropos

to 20-, 34- and

42-Across

59

“Keep your

the prize”

60

E-mail woe

61

Band’s schedule

63

Disagree (with)

64

Heavy book

65

Poet Pound

66

Sloppy

67

Adam and Eve’s

first residence

68

Landlord’s check

DOWN

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above a door

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questions

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11/2/09 (No. 1102)

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Mafioso informer

For answers, call 1-900-289-CLUE (289-2583), $1.49 a minute;

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family laughing through the tears. “American sensibilities about comedy change so rapidly, especially in the cultural centers on the East Coast and West Coast where people are always looking for the next new style of humor, whereas Neil Simon’s brand of humor is pretty unchanging,” said Susan Coprince, author of the book “Under- standing Neil Simon” and a professor of Eng- lish at the University of North Dakota. Simon, who wrote for the television series “Your Show of Shows,” was a forefather of situation comedy writers whose scripts for stage and screen were embraced by actors like Robert Redford, Jane Fonda, Jack Lem- mon and Walter Matthau. But sitcoms have given way to reality shows like “American

Idol,” one-liners to the sardonic humor of “The Office,” and the heavily plotted comedy of Si- mon’s film “California Suite” to the animated wit of “Up” and the fratty banter of “The

Hangover,” two of the summer’s biggest box office hits.

New and revived comedies have done best

on Broadway lately when they’ve been dark,

satiric, and outrageously narcissistic. The

current hit “God of Carnage” — starring four

big-name actors — features two seemingly sophisticated couples who descend into hurl-

ing taunts and insults at one another.

“It’s clear from the ascendancy ofcertain types of comedy, such as the trend exem-

plified by Judd Apatow, Seth Rogen, Steve

Carell, ‘The 40 Year-Old Virgin,’ ‘Knocked Up,’ that what audiences are seeking in

humor is getting more raw and edgy than Si-

mon’s work,” said Matthew Maguire, a play- wright who is director of the theater program

at Fordham University.

As for revivals of acclaimed American works like “Brighton Beach Memoirs,” they

are hardly out of fashion with Broadway audi- ences. “South Pacific,” “Hair” and “West Side

Story” are doing well, though musicals are

stronger sellers than plays. “There will always be an audience for a

well-done revival of a great musical, but re-

viving a period-piece play now takes a special

alchemy,” said Andre Bishop, artistic direc-

tor of Lincoln Center Theater, which is home

PATRICK HEALY

to “South Pacific.”

620 eighth avenue, new york, ny 10018 • Tom brady, editor e-mail: digesteditor@nytimes.com • Timesdigest

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oPInIon Monday, noveMber 2, 2009 7 EDIT o RIALS o F THE T I m

oPInIon

Monday, noveMber 2, 2009 7

EDIT o RIALS

o F

THE

T I m E S

Six Tests for Equality and Fairness

Political battles this fall in six different parts of the country could have a profound im- pact on whether the United States will extend the promise of equal rights to those who are not allowed to marry simply because they are the same sex as their partner. Three jurisdictions — New York, New Jersey and the District of Columbia — seem tantalizingly close to securing legislative ap- proval for measures ending the hurtful and unjustifiable exclusion of same-sex couples from civil marriage. But in Maine, Washing- ton State and Kalamazoo, Mich., voters are being asked on Tuesday to strip away vital rights and protections. The dominant Election Day battleground is Maine. Last fall, forces of the religious right backed a successful ballot measure that over- ruled California’s top court by banning same- sex marriage. Now those forces are trying for another mean-spirited victory with Maine’s Question 1, which, if approved, would block the legalization of same-sex marriage passed by the State Legislature and signed by Gov. John Baldacci in May. With the outcome likely to be close, a heavy turnout by voters committed to tolerance and justice is crucial. Washington State has yet to approve same- sex marriage. But it took a positive step last May when Gov. Chris Gregoire signed a bill that granted gay and lesbian couples the state- provided benefits that married heterosexual couples have, like the right to use sick leave to care for a partner. Voters should affirm this progress by voting yes on Referendum 71.

A third initiative, in Kalamazoo, Mich., has

the potential to overturn a measure unani- mously approved by the City Commission barring discrimination-based on sexual ori-

entation or gender identity in housing, em- ployment and public accommodations. Fair- minded voters should respond by voting yes to uphold the antidiscrimination law. Following the election, attention will shift to New York, New Jersey and the District of Columbia, which stand a realistic chance of joining the states where same-sex marriages are allowed. The New York situation is particularly frustrating. Gov. David Paterson strongly supports granting same-sex couples the free- dom to marry, and the State Assembly has twice passed a bill to do so. But the overdue measure has been in limbo because the Demo- crats who control the State Senate’s calendar keep dawdling. In New Jersey, support has been building for a measure allowing same-sex marriages. Legislators should pass it during November’s lame-duck session. Gov. Jon Corzine has said he would sign the law.

In the District of Columbia, the City Council

seems ready to approve a local law legalizing same-sex marriage in the shadow of the Capi- tol dome. That might prompt a Congressional attempt to tamper with home rule. But the fact that Congress has let stand a recent D.C. law recognizing same-sex marriages legally performed elsewhere gives hope that such meddling can be avoided.

The Court and Your Savings

The Supreme Court hears arguments Mon- day in a case about mutual funds and high management fees. Mutual funds are the main vehicle Americans use to save for retirement, and excessive mutual fund fees are another way an underregulated financial industry has been enriching itself at the expense of the gen- eral public. Congress wisely put limits on the ability of funds to overcharge investors. The Supreme Court needs to give the law the power that Congress intended. People often invest through 401(k) pro- grams that offer little choice among funds. And when there is a wide choice, mutual funds usually do not compete much on fees. While these fees may look small in percent- age terms, they have an enormous impact on how much money investors end up with. For example, the Employee Benefits Security Administration has described two scenarios of workers who keep $25,000 in a 401(k) for 35 years. The one who pays 1.5 percent in fees and expenses ends up with 28 percent less at retirement than the one who pays 0.5 percent. Congress addressed the problem of high fees in 1970 by adding Section 36(b) to the In-

vestment Company Act of 1940. It imposes on mutual fund investment advisers “a fiduciary duty with respect to the receipt of compensa- tion for services.” Relying on Section 36(b), a group of investors sued Harris Associates, a firm that advises the mutual funds in which they own shares. They charged that the firm breached its duty by charging mutual fund customers fees that could be more than twice what it charged independent, non-fund clients for similar work. The United States Court of Appeals for the Seventh Circuit in Chicago upheld a District Court decision throwing out the case, based on much too narrow an interpretation of Section 36(b). In a sharp break with previous inter- pretations of the law, it suggested that the fees charged by an adviser like Harris can only be set aside if the adviser misleads or interferes with a fund’s ability to negotiate fees. The law requires more. The Supreme Court should rule that fund advisers have a responsibility to set fees that are comparable to those they charge other customers, and what would be negotiated in a fair, arm’s-length deal. It should then order the District Court to reconsider the case.

PAUl KRUGMAn

More Stimulus, Please

The good news is that the American Recov- ery and Reinvestment Act, a.k.a. the Obama stimulus plan, is working just about the way textbook macroeconomics said it would. But that’s also the bad news — because the same textbook analysis says that the stimulus was far too small given the scale of our economic problems. Unless something changes drasti- cally, we’re looking at many years of high un- employment. And the really bad news is that “centrists” in Congress aren’t able or willing to draw the obvious conclusion, which is that we need a lot more federal spending on job creation. Last week’s G.D.P. report showed the econ- omy growing again, at a better-than-expected annual rate of 3.5 percent. Suppose that the economy were to keep growing at 3.5 percent. If that happened, unemployment would even- tually start falling — but very, very slowly. It could take a decade to return to something like full employment. Worse yet, it’s far from clear that growth will continue at this rate. Solid growth will only continue if private spending takes up the baton as the effect of the stimulus fades. And so far there’s no sign that this is happening. So the government needs to do much more. We can’t afford not to. Unfortunately, the politi- cal prospects for further action aren’t good. High unemployment doesn’t just punish the economy today; it punishes the future, too. In the face of a depressed economy, businesses have slashed investment spending. This will hurt the economy’s potential for years to come. Deficit hawks like to complain that today’s young people will end up having to pay higher taxes to service the debt we’re running up right now. But anyone who really cared about the prospects of young Americans would be push- ing for much more job creation, since the bur- den of high unemployment falls disproportion- ately on young workers — and those who enter the work force in years of high unemployment suffer permanent career damage. Even the claim that we’ll have to pay for stimulus spending now with higher taxes later is mostly wrong. Spending more on recovery will lead to a stronger economy, both now and in the future — and a stronger economy means more government revenue. Stimulus spending probably doesn’t pay for itself, but its true cost, even in a narrow fiscal sense, is only a fraction of the headline number. O.K., I know I’m being impractical: ma- jor economic programs can’t pass Congress without the support of relatively conservative Democrats, and these Democrats have been telling reporters that they have lost their ap- petite for stimulus. But I hope their stomachs start rumbling soon. We now know that stimulus works, but we aren’t doing nearly enough of it. For the sake of today’s unemployed, and for the sake of the na- tion’s future, we need to do much more.

SPoRtS Monday, noveMber 2, 2009 8 Yankees Pull Away in Ninth and in Series PHILADELPHIA

SPoRtS

Monday, noveMber 2, 2009 8

Yankees Pull Away in Ninth and in Series

PHILADELPHIA — The Yan-

kees were so different nine years ago, when they won their last World Series, so different and yet somehow the same. They revolve now around a constellation of im- ported superstars with extrava- gant contracts. But their ethos is the same. They grind. A two-out, three-run, ninth-in- ning rally in Game 4 of the World Series Sunday has brought the Yankees to the edge of a title. They ripped the heart from the defending champions in a 7-4 vic- tory over the Philadelphia Phil- lies at Citizens Bank Park, taking

a three-games-to-one lead in the

World Series. With two outs and the bases empty off Brad Lidge, Johnny Da- mon worked a nine-pitch at-bat before lining a single to left field. With the Phillies shifting their infield against Mark Teixeira,

Damon stole two bases, swiping second and sprinting for the un- covered third base. Lidge hit Teixeira with a 1-1 fastball, then faced Alex Rodri- guez, whose homer stirred the Yankees from a three-run deficit on Saturday. Rodriguez clubbed an 0-1 fastball on one hop off the left field wall, scoring Damon with the go-ahead run. A single by Jorge Posada brought in two more, and Mariano Rivera worked a 1-2-3 ninth. It was a defining moment for Damon, calling to mind the piv- otal 10-pitch walk by Paul O’Neill

that sparked a comeback against the Mets in the opener of the 2000 World Series. And it was the big- gest hit of Rodriguez’s complicat- ed career, a clutch moment on the biggest stage when his team was on the brink of disaster. Joba Chamberlain had put

them there, blowing a victory for C.C. Sabathia by allowing a two- out, full-count homer to Pedro Fe- liz that tied the game in the bottom of the eighth. When the Yankees then got to Lidge, Chamberlain became the winning pitcher. Earlier in the game, Joe Blan- ton’s first pitch had drilled Rodri- guez in the back, near the 1 of the 13 on his jersey. Rodriguez had been hit by Cole Hamels’s first pitch to him on Sat- urday, and later he was plunked by Chad Durbin. The pitch from Blanton was too much for Rodri- guez, who turned his back to the catcher and stood still. His non- violent resistance was pouty but effective. The umpires warned both benches, prompting an argu- ment from Yankees Manager Joe Girardi. Sabathia would not be al- lowed to retaliate. TYLER KEPNER

Favre Shows He Can Still Win at Lambeau

GREEN BAY, Wis. — Brett Favre’s return to Lambeau Field, in a Minnesota Vikings uniform that Packers fans have grown to

detest, turned out as badly for the Packers as the teams’ meeting last month at the Metrodome. Favre threw for 244 yards and four touchdowns, and Minnesota held off a furious second-half ef- fort by Green Bay to win, 38-26. The victory gave the 7-1 Vikings a commanding lead over the Pack- ers (4-3) and the Bears (4-3) in the N.F.C. North division. Before the largest crowd to see

a regular-season game at Lam-

beau — 71,213 — Favre directed

the Vikings to a 24-3 second-half lead. The game appeared close to being decided after Percy Harvin and Favre hooked up for a spec- tacular 51-yard touchdown pass early in the third quarter. Harvin caught the ball at the Green Bay 21-yard line while three defensive backs — Atari Bigby, Nick Collins and Charles Woodson — collided behind him and fell to the turf like tenpins. Harvin turned upfield and scored easily. Favre’s return to Green Bay produced a noticeably cool recep- tion. At 2:26 p.m., Favre jogged

onto the field, trailed by a jogging TV crew. The stands appeared al-

most half full, and the boos com- menced, though quite a few peo- ple appeared to be applauding. A security team flanked Favre as he left the field, preventing even some Packers from getting close enough to shake hands. When the Vikings returned for the kickoff, Favre was the last player out of the runway. The booing grew louder when Favre appeared, again when he and the other four Vikings captains ap- proached midfield for the coin toss, and once more when the Vi- kings’ offense trotted out for its first series with 11:37 left in the first quarter. PAT BORZI

I N

BRIEF

Victory for orlando

Jameer Nelson scored 30 points, J. J. Redick had a ca- reer-high 27 and the Orlando Magic used a season-high 17 3-pointers to win, 125-116, at To- ronto on Sunday. Redick, Nelson and Ryan Anderson each made five 3-pointers against the Rap- tors. Anderson had 20 points, and Dwight Howard had 24. The Magic (3-0) remained unbeaten after going 8-0 in the preseason. (NYT)

nFl SCoReS

Sunday’S GameS St. Louis 17, Detroit 10 Miami 30, Jets 25 Dallas 38, Seattle 17 Chicago 30, Cleveland 6 Baltimore 30, Denver 7 Houston 31, Buffalo 10 Indianapolis 18, San Francisco 14 Philadelphia 40, Giants 17 San Diego 24, Oakland 16 Tennessee 30, Jacksonville 13 Minnesota 38, Green Bay 26 Carolina 34, Arizona 21 Open: New England, Cincinnati, Pittsburgh, Kansas City, Washington, Tampa Bay

nBA SCoReS

Sunday’S GameS Orlando 125, Toronto 116 Miami 95, Chicago 87 Boston 97, New Orleans 87 Portland 83, Oklahoma City 74 Denver 133, Memphis 123 Phoenix 120, Minnesota 112 Atlanta at L.A. Lakers, late

nHl SCoReS

Sunday’S GameS Rangers 1, Boston 0 San Jose 5, Carolina 1 Columbus 5, Washington 4, OT Colorado at Vancouver, late

12

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WeAtHeR

High/low temperatures for the 21 hours ended at 4 p.m. yesterday, eastern time, and precipitation (in inches) for the 18 hours ended at 1 p.m. yesterday. expected conditions for today and tomorrow.

Weather conditions: C-clouds, F-fog, H-haze, I-ice, PC- partly cloudy,r-rain, S-sun, Sh-showers, Sn-snow, SS- snow showers, T-thunderstorms, Tr-trace, W-windy.

U.S. CItIeS

 

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FoReIGn CItIeS

 

Yesterday

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SPoRtS joURnAl Monday, noveMber 2, 2009 9 In Philadelphia, Eagles Crush Listless Giants PHILADELPHIA —

SPoRtS joURnAl

Monday, noveMber 2, 2009 9

In Philadelphia, Eagles Crush Listless Giants

PHILADELPHIA — In the final two minutes of the Eagles’ 40-17 victory over the Giants on Sunday, the hosts tried to end the embarrassment mercifully. Donovan McNabb fell to one knee after a first-down snap to run down the clock without scor- ing anymore or risking anyone’s health. But Giants Coach Tom Cough- lin refused to concede. He called timeouts, forcing the Eagles to run plays and then punt. When the Giants got the ball back, Coughlin used Eli Manning until the last snap, on which Man- ning was sacked. It was a curious ending to a game in which the Giants had shown little urgency or tempo when they still had a faint chance to win. Manning, who threw two more

interceptions (and has five in his last two games), was asked if his coach was sending a message to his team, which lost its third con- secutive game after opening the season with five victories. “I don’t know,” Manning said. “We’re going to go fighting. If Coach wants us to finish a game, we’re going to give it a shot. You kind of get to the point where you don’t look at the scoreboard any-

(NYT)

more.”

Dolphins Beat Jets Again EAST RUTHERFORD, N.J. — As his teammates filtered toward the locker room, the rookie run- ning back Shonn Greene crouched near the Jets’ bench, alone, para- lyzed by disbelief.

The Jets found no answers Sun- day. Not in their rematch against Miami. Not in their seesaw sea- son. Not in a game in which they dominated in nearly every cat- egory except the most important one, the final score, which was 30- 25 in favor of their division rival, in front of 77,531 fans at Giants Stadium who watched the Jets find another way to lose. “Some- times, things just don’t make sense,” Coach Rex Ryan said. Certainly not on Sunday. The Jets gained 378 yards and held the Dolphins to 104 yards, the fourth- lowest total ever by an opponent. Jets quarterback Mark San- chez accounted for three touch- downs. The recently acquired receiver Braylon Edwards made a spectacular one-handed scor- ing grab. In fact, fullback Tony Richard- son said that Ryan makes a list before each game, and this week, the Jets crossed off every goal but one — the box next to victory. (NYT) Colts Stay Unbeaten The Indianapolis Colts won their 16th consecutive regular- season game, the equivalent of an undefeated season, and Jim Caldwell became the first rookie coach since the N.F.L. merger to open his career with seven con- secutive wins, thanks to Sunday’s 18-14 victory over visiting San Francisco. The Colts (7-0) are the last unbeaten team in the Ameri- can Football Conference for the fourth time in five years after

Baltimore defeated Denver, 30-7. ¶While Indianapolis was busy extending its winning streak, the St. Louis Rams were stopping one. Steven Jackson’s 25-yard touchdown run with 1 minute 38 seconds left lifted the Rams to a 17-10 win over the host Detroit Li - ons that ended a 17-game losing streak. ¶The Baltimore rookie Lard- arius Webb returned the second- half kickoff 95 yards for a touch- down, and the Ravens beat the visiting Denver Broncos, 30-7, to end a three-game losing streak with a surprisingly easy victory. It was the first loss for Denver (6- 1) under the first-year coach Josh McDaniels. ¶Vince Young threw for a touchdown in his first start since the 2008 season opener, Chris Johnson set a franchise record by rushing for 228 yards, and the Tennessee Titans beat the visit- ing Jacksonville Jaguars, 30-13, for their first win of the season. Tampa Bay, which had a bye, is now the only winless team in the N.F.L. ¶Tony Romo threw touch- down passes to three receivers — including to Miles Austin, who scored for the third consecutive game — and did not have an in- terception for a career-best third straight game, leading host Dal- las to a 38-17 victory over the Se- attle Seahawks and into a tie with the Eagles for the lead in the Na- tional Football Conference’s East division. The Cowboys (5-2) have won four of five. (AP)

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Atlanta at New Orleans, 8:30

New Method for Sharpening Skates Suits Hockey Pros to a V

The technological history of hockey is lit- tered with elaborate ideas that did not pan out, like the Fox network’s glowing puck, the heated skate blade and Cooperalls. But since last November, a simple innova- tion that costs next to nothing has become popular among N.H.L. professionals and weekend warriors alike: a skate-sharpening method called the flat-bottom V. “It’s been great for me,” said Jack John- son, a defenseman for the Los Angeles Kings and a candidate for the United States Olym- pic team. “It’s sharper, but at the same time, you can get just as much glide as with the old sharpening, so you get the best of both worlds.” BlackStone Sports, the Ontario manufac- turer of skate maintenance equipment that developed the flat-bottom V method, says players on about 20 of the N.H.L.’s 30 teams

have switched from the traditional sharp- ening method in use for decades. The list of notables includes Zach Parise of the Devils, Joe Thornton and Rob Blake of the San Jose Sharks, Jason Arnott of the Nashville Preda- tors, Milan Michalek of the Ottawa Senators and Doug Weight of the Islanders. “It started with Cory Stillman in Florida,” said Steve Wilson, who founded Blackstone with his father, Murray, and developed the flat-bottom V cut with him and with company engineers. “I was down there last year with a proto- type to show the Panthers’ equipment man- ager, and Cory said, ‘Hey, I want to try it.’ He went out, loved it, and demanded that I leave the prototype there.” Word spread through the Panthers’ dress- ing room, Wilson said, and other teams picked up on it.

“You know how hockey players are,” Wil- son said. “They talk to each other.” Proponents of the new method say this combination provides a sharper bite on turns and a freer glide in straight-ahead skating. Conventional skate sharpening uses a grinding stone that creates a concave arc in the bottom of the blade. The flat-bottom V uses specially made spin- ners to carve out tiny fangs along the skate blade’s ridges that bite into the ice for turns. The flat bottom between the fangs, similar to the flat cut of a speedskater’s blade, puts more of the blade’s surface in contact with the ice and is supposed to increase speed. The dimensions involved are minuscule. Yet some players swear by it. “My turns feel good, and I don’t feel slow coming out of them, so I’ve got no com- plaints,” Johnson said. JEFF Z. KLEIN