President Ali Abdullah Saleh returned today to the violence-torn Yemeni capital after more than three months of medical treatment in Saudi Arabia in a surprise move certain to further enflame battles between forces loyal to him and his opponents. Saleh left Yemen for Saudi Arabia in early June after he…
Continue reading …Unions fear use of British Airways-style tactics after employers’ group suggests that hospital trusts take legal advice Hospitals are being advised to consider blocking tactics to thwart as many as 700,000 staff taking industrial action on 30 November as part of the public sector day of action over pensions. Guidance from NHS Employers to the 400 hospital trusts and other care providers in England that it represents recommends they seek legal advice on preventing strikes. A document called Managing Industrial Disputes: Guidance for Employers in the NHS advises them to decide “if the unions may be acting unlawfully” and consider taking court action, depending on the risks and costs. Unions fear the advice will see hospitals seeking court orders to frustrate strikes by claiming that ballots have not been conducted in accordance with Britain’s tough employment laws. “This guidance does incite employers to consider using British Airways-style tactics and to try and trip unions up with legal technicalities,” said Rachael Maskell, a national officer for health with the union Unite, which represents about 100,000 NHS staff. BA has used trade union laws over the past 18 months to challenge strike ballots by cabin crew in the high court. Under the 1992 Trade Union and Labour Relations Act industrial action is illegal unless unions have complied with a range of legal responsibilities such as telling employers how many staff they are balloting, the result of the ballot and what type of action is planned, where and when. In 2009 a 12-day Christmas strike by BA cabin crew affiliated to Unite was thrown out because a ballot of more than 12,000 crew included 900 votes cast by employees who had taken voluntary redundancy, technically rendering their papers invalid. In 2010 a national rail strike at Network Rail by the RMT union was halted on a similar basis, when it transpired that the RMT had polled signal workers at defunct signal boxes. “We would be extremely concerned if this guidance could be interpreted as intimidating or designed to thwart the democratic process that trade unions are going through with their members,” said Lesley Mercer, director of employment services at the Chartered Society of Physiotherapists, which will decide next week whether to ballot its 35,000 members in the NHS about joining the day of action. Unions have recently been updating their records of members and of employers that would be affected by industrial action. Dean Royles, the director of NHS Employers, said that as well as wanting to minimise the impact on patient care, NHS organisations “will also want to ensure any action planned is lawful”. He also warned unions that “trade unions should be aware that the significant cost of industrial action – caused by factors such as the need to fill gaps in the workforce and reschedule elective operations – will only make it harder for the NHS to avoid job losses.” NHS Health Public sector pensions Public services policy Trade unions Public sector cuts Public finance Public sector pay Denis Campbell Dan Milmo guardian.co.uk
Continue reading …Unions fear use of British Airways-style tactics after employers’ group suggests that hospital trusts take legal advice Hospitals are being advised to consider blocking tactics to thwart as many as 700,000 staff taking industrial action on 30 November as part of the public sector day of action over pensions. Guidance from NHS Employers to the 400 hospital trusts and other care providers in England that it represents recommends they seek legal advice on preventing strikes. A document called Managing Industrial Disputes: Guidance for Employers in the NHS advises them to decide “if the unions may be acting unlawfully” and consider taking court action, depending on the risks and costs. Unions fear the advice will see hospitals seeking court orders to frustrate strikes by claiming that ballots have not been conducted in accordance with Britain’s tough employment laws. “This guidance does incite employers to consider using British Airways-style tactics and to try and trip unions up with legal technicalities,” said Rachael Maskell, a national officer for health with the union Unite, which represents about 100,000 NHS staff. BA has used trade union laws over the past 18 months to challenge strike ballots by cabin crew in the high court. Under the 1992 Trade Union and Labour Relations Act industrial action is illegal unless unions have complied with a range of legal responsibilities such as telling employers how many staff they are balloting, the result of the ballot and what type of action is planned, where and when. In 2009 a 12-day Christmas strike by BA cabin crew affiliated to Unite was thrown out because a ballot of more than 12,000 crew included 900 votes cast by employees who had taken voluntary redundancy, technically rendering their papers invalid. In 2010 a national rail strike at Network Rail by the RMT union was halted on a similar basis, when it transpired that the RMT had polled signal workers at defunct signal boxes. “We would be extremely concerned if this guidance could be interpreted as intimidating or designed to thwart the democratic process that trade unions are going through with their members,” said Lesley Mercer, director of employment services at the Chartered Society of Physiotherapists, which will decide next week whether to ballot its 35,000 members in the NHS about joining the day of action. Unions have recently been updating their records of members and of employers that would be affected by industrial action. Dean Royles, the director of NHS Employers, said that as well as wanting to minimise the impact on patient care, NHS organisations “will also want to ensure any action planned is lawful”. He also warned unions that “trade unions should be aware that the significant cost of industrial action – caused by factors such as the need to fill gaps in the workforce and reschedule elective operations – will only make it harder for the NHS to avoid job losses.” NHS Health Public sector pensions Public services policy Trade unions Public sector cuts Public finance Public sector pay Denis Campbell Dan Milmo guardian.co.uk
Continue reading …Top 9/11 lawyer teams up with Milly Dowler solicitor to pursue possible bribery lawsuit in US courts A prominent New York lawyer who represents several families of victims of 9/11 has confirmed that he is exploring the possibility of a class action lawsuit against News Corporation on behalf of victims of its phone-hacking activities. Norman Siegel, a former head of the New York civil liberties union, said he was actively investigating legal options in both federal and New York state courts in regard to allegations that News Corp employees bribed police in the UK. He is working alongside a second New York lawyer, Steve Hyman, and in tandem with Mark Lewis of the UK firm Taylor Hampton, who represented the family of Milly Dowler. “The allegations of phone hacking and bribery against News Corporation are serious and substantial, and we will approach this initial exploration with that same seriousness,” Siegel said. Siegel has advised 9/11 families on the ongoing FBI investigation into allegations that News of the World reporters tried to break into the phone records of 9/11 victims soon after the terrorist outrages. In August he met the US attorney general, Eric Holder, to demand a full inquiry into the allegations, which were first aired by the Daily Mirror. The cross-Atlantic team of lawyers will be seeking to find out whether a class action on behalf of victims of NoW phone hacking can be launched in the US. They will also be exploring the possibility of extracting witness statements from News Corp directors, including Rupert Murdoch and his son James, in advance of any class action being lodged with the courts. However, legal experts said any action would face an uphill battle under anti-bribery laws. Mike Koehler, a specialist in anti-bribery legislation based at Butler University in Indianapolis, said that recourse to the courts was severely restricted for private claimants. The main anti-bribery law, the Foreign Corrupt Practices act, was introduced to prosecute US-based companies, of which News Corp is one, from using bribery to acquire an unfair business advantage overseas. But the courts have taken the view that any prosecution should be primarily carried out by either the Department of Justice or the financial watchdog Securities and Exchange Commission. Koehler said attempts have been made in the past to use the FCPA to launch lawsuits on behalf of private shareholders, but with only limited success. “Some of the cases have been settled for their ‘nuisance value’ – in other words: to get rid of them – but by and large these cases haven’t been very successful,” he said. John Coffee, a law professor at Columbia University, also cautioned that a class action on behalf of phone-hacking victims in the UK would face hurdles in the US. “The injuries are just too diverse and variable for this to be susceptible to class treatment.” One avenue the lawyers will be pursuing is to seek witness statements from News Corp directors, including the Murdochs. This could also be legally problematic, experts warned, as any civil action is likely to be overshadowed in the courts by the ongoing criminal investigation into News Corp activities. Earlier this week Bloomberg reported that the justice department has written to News Corp asking for information relating to the allegations that News of the World staff bribed British police in exchange for tips for stories. Phone hacking September 11 2001 News Corporation Rupert Murdoch United States Ed Pilkington guardian.co.uk
Continue reading …Top 9/11 lawyer teams up with Milly Dowler solicitor to pursue possible bribery lawsuit in US courts A prominent New York lawyer who represents several families of victims of 9/11 has confirmed that he is exploring the possibility of a class action lawsuit against News Corporation on behalf of victims of its phone-hacking activities. Norman Siegel, a former head of the New York civil liberties union, said he was actively investigating legal options in both federal and New York state courts in regard to allegations that News Corp employees bribed police in the UK. He is working alongside a second New York lawyer, Steve Hyman, and in tandem with Mark Lewis of the UK firm Taylor Hampton, who represented the family of Milly Dowler. “The allegations of phone hacking and bribery against News Corporation are serious and substantial, and we will approach this initial exploration with that same seriousness,” Siegel said. Siegel has advised 9/11 families on the ongoing FBI investigation into allegations that News of the World reporters tried to break into the phone records of 9/11 victims soon after the terrorist outrages. In August he met the US attorney general, Eric Holder, to demand a full inquiry into the allegations, which were first aired by the Daily Mirror. The cross-Atlantic team of lawyers will be seeking to find out whether a class action on behalf of victims of NoW phone hacking can be launched in the US. They will also be exploring the possibility of extracting witness statements from News Corp directors, including Rupert Murdoch and his son James, in advance of any class action being lodged with the courts. However, legal experts said any action would face an uphill battle under anti-bribery laws. Mike Koehler, a specialist in anti-bribery legislation based at Butler University in Indianapolis, said that recourse to the courts was severely restricted for private claimants. The main anti-bribery law, the Foreign Corrupt Practices act, was introduced to prosecute US-based companies, of which News Corp is one, from using bribery to acquire an unfair business advantage overseas. But the courts have taken the view that any prosecution should be primarily carried out by either the Department of Justice or the financial watchdog Securities and Exchange Commission. Koehler said attempts have been made in the past to use the FCPA to launch lawsuits on behalf of private shareholders, but with only limited success. “Some of the cases have been settled for their ‘nuisance value’ – in other words: to get rid of them – but by and large these cases haven’t been very successful,” he said. John Coffee, a law professor at Columbia University, also cautioned that a class action on behalf of phone-hacking victims in the UK would face hurdles in the US. “The injuries are just too diverse and variable for this to be susceptible to class treatment.” One avenue the lawyers will be pursuing is to seek witness statements from News Corp directors, including the Murdochs. This could also be legally problematic, experts warned, as any civil action is likely to be overshadowed in the courts by the ongoing criminal investigation into News Corp activities. Earlier this week Bloomberg reported that the justice department has written to News Corp asking for information relating to the allegations that News of the World staff bribed British police in exchange for tips for stories. Phone hacking September 11 2001 News Corporation Rupert Murdoch United States Ed Pilkington guardian.co.uk
Continue reading …General Ashfaq Kayani dismisses as ‘baseless’ US accusations that spy agency helped insurgents carry out attacks in Kabul Pakistan’s army chief has dismissed allegations that his spy agency had helped Afghan militants attack the US embassy in Kabul, insisting on Friday that the charges were baseless and part of a public “blame game” detrimental to peace in Afghanistan. General Ashfaq Kayani’s terse statement suggested Islamabad had no immediate intention of acting on renewed American demands that it attack the Haqqani militant faction in their main base in northwest Pakistan. It also ramped up a dispute between the two nominally allied nations that has exposed their increasingly deteriorating relationship. Admiral Mike Mullen, chairman of the US joint chiefs of staff, accused the army’s Inter-Services Intelligence agency on Thursday of supporting Haqqani insurgents in planning and executing a 22-hour assault on the US Embassy in Afghanistan last week and a truck bomb that wounded 77 American soldiers days earlier. Kayani said in a statement that the allegations were “very unfortunate and not based on facts.” The claims were the most serious yet by an American official against nuclear-armed Pakistan, which Washington has given billions in civilian and military aid over the last 10 years to try to secure its co-operation inside Afghanistan and against al-Qaida. Kayani’s statement appeared to imply that Pakistan’s contacts with the Haqqani network were part of efforts to bring it to the negotiating table. The United States, Kabul and European countries all agree that a peace deal will be needed to end the war, though not all agree on whether the Haqqanis, which have links to al-Qaida, should be included. The statement said that “on the specific question of contacts with Haqqanis … Admiral Mullen knows fully well which … countries are in contact with the Haqqanis. Singling out Pakistan is neither fair nor productive.” Kayani, regarded as the most powerful man in Pakistan, said the “blame game” between it and the US should give way to constructive dialogue over the future of a peaceful Afghanistan. The Haqqani insurgent network is widely believed to be based in Pakistan’s North Waziristan tribal area along the Afghan border. The group has historical ties to Pakistani intelligence, dating back to the war against the Soviets in Afghanistan in the 1980s. Mullen’s words marked the first time an American official had tied Pakistan’s intelligence agency directly to the attacks and signaled a significant shift in the US approach to Islamabad. In the past, US criticism of Pakistan largely had been relayed in private conversations with the countries’ leaders while American officials publicly offered encouraging words for Islamabad’s participation in the terror fight. Mullen did not provide specific evidence backing up his accusations or indicate what the US would do if Pakistan refuses to cut ties to the Haqqani network. The US has repeatedly demanded that Pakistan attack the insurgents and prevent them from using the country’s territory. Pakistan Afghanistan US military Inter-Services Intelligence (ISI) United States Nato guardian.co.uk
Continue reading …Scientists react with disbelief and calls for more experiments after results suggest neutrinos can travel faster than light Scientists around the world reacted with cautious shock on Friday to results from an Italian laboratory that seemed to show that certain subatomic particles can travel faster than light. If true, the finding breaks one of the most fundamental laws of physics and raises bizarre possibilities including time travel and shortcuts via hidden extra dimensions. Scientists at the Opera (Oscillation Project with Emulsion-tRacking Apparatus) experiment in Gran Sasso, Italy, found that neutrinos sent through the Earth to its detectors from Cern , 730km away in Geneva, arrived earlier than they should have. The journey would take a beam of light around 2.4 milliseconds to complete, but after running the Opera experiment for three years and timing the arrival of 15,000 neutrinos, the scientists have calculated that the particles arrived at Gran Sasso 60 billionths of a second earlier, with an error margin of plus or minus 10 billionths of a second. The speed of light in a vacuum is 299,792,458 metres per second, so the neutrinos were apparently travelling at 299,798,454 metres per second. A cornerstone of modern physics is the idea that nothing can travel faster than light does in a vacuum. At the turn of the 20th century, Albert Einstein encapsulated this idea in his theory of special relativity, which proposes that the laws of physics are the same for all observers and led to the famous equation E=mc 2 , indicating that mass and energy are equivalent. Brian Cox, a professor of particle physics at the University of Manchester, urged caution. “If you’ve got something travelling faster than light, then it’s the most profound discovery of the last 100 years or more in physics. It’s a very, very big deal,” he said on BBC 6 Music on Friday . “It requires a complete rewriting of our understanding of the universe.” Professor Jim Al-Khalili at the University of Surrey said it was most likely that something was skewing the results. “If the neutrinos have broken the speed of light, it would overturn a keystone theory from the last century of physics. That’s possible, but it’s far more likely that there is an error in the data. So let me put my money where my mouth is: if the Cern experiment proves to be correct and neutrinos have broken the speed of light, I will eat my boxer shorts on live TV.” At the Gran Sasso lab, where the results were measured, Opera co-ordinator Antonio Ereditato said his team was “recovering from the shock” of the discovery. “We are competent experimentalists, we made a measurement and we believe our measurement is sound,” he said. “Now it is up to the community to scrutinise it. We are not in a hurry. We are saying, tell us what we did wrong, redo the measurement if you can. There will be all sorts of science fiction writers who will give their own opinions on what this means, but we don’t want to enter that game.” If the measurements are shown to be correct, physicists will have to modify their understanding of special relativity to take the results into account. Fortunately, there are several theories that could help explain the Italian team’s results by showing how neutrinos might appear to travel faster than the speed of light when, in reality, that is not the case. Heinrich Paes at Dortmund University and colleagues believe it might be possible for neutrinos to move through hidden, extra dimensions of space and effectively take shortcuts through space-time. “The extra dimension is warped in a way that particles moving through it can travel faster than particles that go through the known three dimensions of space. It’s like a shortcut through this extra dimension. So it looks like particles are going faster than light, but actually they don’t.” Another potential explanation for the observation was given by Alan Kostelecky at Indiana University, who has devoted his career to violations of the limiting speed of light. He proposed in 1985 that an energy field that lies unseen in the vacuum might explain the finding. The field allows neutrinos to move faster through space than photons, the particles that make up light. “It may very well be that neutrinos travel faster than light does in that medium. It is not at all unreasonable that that would be the case.” Professor Dave Wark, leader of the UK group on the T2K neutrino experiment in Japan, cautioned that scientists would “require a very high standard of proof and confirmation from other neutrino experiments around the world”. Susan Cartwright, senior lecturer in particle astrophysics at Sheffield University, said there were many potential sources of error in the Opera experiment. “The sort of thing you might worry about is have they correctly accounted for the time delay of actually reading out the signals? Whatever you are using as a timing signal, that has to travel down the cables to your computer and when you are talking about nanoseconds, you have to know exactly how quickly the current travels, and it is not instantaneous.” Cartwright works on T2K, which sends neutrinos over a 295km distance. “We could certainly check this, but MINOS [the neutrino experiment at Fermilab in the US] are in a better position because we are still doing repairs after the earthquake that struck Japan.” Professor Jenny Thomas of University College London, and a spokesperson for the MINOS neutrino experiment, said if the discovery was proved correct, it “would overturn everything we thought we understood about relativity and the speed of light”. Ereditato said the Opera team was going through a mix of feelings. “There is excitement, adrenaline, because you feel you have hit something hot. Another feeling is exhaustion. A third feeling is let’s look again and again and think of other checks we have not yet done.” Particle physics Physics Ian Sample Alok Jha guardian.co.uk
Continue reading …How long does it take you to get to work in the morning? If the answer is more than 25.1 minutes, then you’ve got a longer commute than the average American. That’s one finding from a new Census Bureau survey on commuting (pdf), based on data from 2009. The survey also found that the New
Continue reading …President Obama announced Friday that he will grant waivers to states struggling to meet the high standardized test scores required under the No Child Left Behind education law. At least 20 states are expected to request the waivers next year. The White House says it will only grant those requests if the petitioning states agree
Continue reading …On last night’s Daily Show , Jon Stewart summarized the US response to Palestine seeking UN membership: To win a seat, “all you need to do is settle your differences with Israel!” Though a “spelling change” could also help–instead of “Palestine,” how about “Palestein”? Stewart likened Palestine’s membership effort to joining…
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