Tuesday, January 31, 2012

Clever Plans to Reform Legal Education Won't Make Legal Services ...

January 30, 2012 12:04 PM

Clever Plans to Reform Legal Education Won't Make Legal Services Any Cheaper

Posted by Matt Leichter

Due to the stream of negative press America's legal education system has received, it is becoming almost a rite of passage for aspiring reformers to submit their own proposals to fix the problem. There's nothing wrong with that, but some proposals are more sophisticated than others. Here are ten examples in no particular order:

? UCLA law professor Stephen Bainbridge recommends unilaterally shutting down the bottom half of the ABA law schools per U.S. News & World Report's rankings.

? Law School Transparency advocates requiring law schools to gather and provide accurate graduate employment data to applicants and letting them decide whether law school is worthwhile.

? Two economists, Clifford Winston and Robert W. Crandall, want to completely deregulate legal services.

? Yale law professors Ahkil Reed Amar and Ian Ayers want first-year law students to be able to demand a partial tuition refund if they choose to discontinue law school. (It should be noted that Southern Illinois law professor Christine Hurt proposed the same idea in 2010).

? Attorney Ari L. Kaplan proposes law schools backload their costs, making the first year cheap so students can decide if they want to continue without significant financial penalty.

? One common suggestion is to turn the third year of law school into an apprenticeship program.

? Scambloggers' views differ,?but generally they advocate eliminating the formal legal education requirement altogether, though some would like the deans incarcerated for fraud.

? CUNY law professor Michael Macchiarola and attorney Arun Abraham argue for law schools to give their graduates "put options" on their student loans, which if exercised would require law schools to reimburse graduates the difference between their projected incomes after ten years and their actual incomes.

? I'd like to see the Direct Loan program dismantled and bankruptcy protections restored to student debt. Legal education can be financed by human capital contracts in which graduates pay roughly 10 percent of their disposable incomes for 10 years back to the law school, providing they're employed using their legal educations.

? And most recently, Northwestern law professor John O. McGinnis and attorney Russell D. Mangas (Kirkland & Ellis) stepped forward on the Wall Street Journal?s opinion page to advocate reducing legal education into an undergraduate major.

All these proposals have their drawbacks, particularly Winston and Crandall's, which I believe uses the plight of underemployed, indebted law grads as a pretext to ram through their neoliberal deregulation agenda.

But I'd like to focus on McGinnis and Mangas' proposal, and not because I disagree with it. Quite the contrary, as far as I'm concerned the test of a reform proposal rests on its ability to allow market demand for legal services to control excess demand for legal education. The current system tries to do it the other way around, resulting in an expensive, pushing-the-string ideology that promotes people paying for education and then letting the market decide whether they get to use it fruitfully. McGinnis' and Mangas' proposal doesn't fully address that, but at least it clearly reduces the education costs lawyers would incur in entering the profession. However, it leans on two premises I believe are false, and importantly, other proposals duplicate them:

(1) There is a shortage of attorneys in the United States.

(2) The costs of legal education raises the cost of legal services.

The first is easy to falsify, the second is more involved.

For specific numbers on lawyers, the ABA recently updated its Web site with a spreadsheet of its "Total National Lawyer Counts," which measures the number of "active and resident" attorneys in the U.S. It's an impressive dataset, though I think the pre-1980 numbers aren?t very accurate and also include non-practicing lawyers who serve as judges, legislators, executives, administrators, etc. The ABA also gives us the number of people who graduated from its law schools each year, which isn't the total number of potential attorneys (aside from the several thousand that have passed away or could never pass a bar exam), but it does represent the majority. Archived issues of the Bureau of Labor Statistics' (BLS) Occupational Outlook Handbook (OOH) provide estimates of the number of employed lawyers between 1994 and 2008. In each edition, the OOH predicts there would be more law graduates looking for work than the number of jobs available for them. I contacted the BLS, and in addition to sending me the Current Population Survey's (CPS) number of employed lawyers going back to 1983, it informed me that the BLS considers the CPS more definitive than the OOH. Here's a comparison against the population going back to 1950, using Census data:

No. Lawyers Per Capita

Given that there were a few years in which the BLS managed to find more employed lawyers than state bar authorities reported as active on their rolls, I suspect the CPS overstates the number of employed lawyers and that the actual number is closer to the OOH's, which is unfortunate given its shallow employment projection for 2018. Nevertheless, it's clear that the lines have been splitting apart for quite some time, a topic I may cover at a future date. True, many potential attorneys could have left the rolls and found gainful employment in other industries, but many more left the profession early in their careers while others never had good chances at creating them. This is the exact opposite of what we would expect to see if there was a shortage of lawyers.

Moving on to the second premise, the cost of legal education's bearing on the cost of legal services, McGinnis and Mangas write:

?[T]he great benefit of the undergraduate option would be lowering the cost of legal education, thus increasing the supply of lawyers willing to charge lower fees.?

The authors assume that lawyers pass their education's costs (especially student loans) onto their clients. Thus, the more unevenly student debt is distributed among lawyers, the more they will have to eat their student loan payments to compete with those who paid less. Here?s what we know about the unevenness of law school debt?s distribution.

(1) As recently as 2010, about 15 percent of all ABA grads finished law school with zero law school debt.

(2) Some law schools are cheaper than others, especially public law schools and those in Puerto Rico, so those who graduate with debt have varying amounts. (Notice that McGinnis voices no concern that Northwestern's graduates will be unemployable when Mangas's firm decides to switch to hiring Northern Illinois or Southern Illinois grads to cut costs.)

(3) Older lawyers frequently have less student debt than more recent grads, so their loan payments are smaller.

(4) Some states allow graduates of cheaper, non-ABA law schools to sit for their bar exams, or they allow people to forgo the legal education requirement altogether.

Additionally, even if debts were evenly distributed, lawyers might still find that offering lower prices offsets the cost of their debt payments with increased business, until others do the same.

The fourth point, though, is critical. California has scores of relatively cheap state-accredited, unaccredited, distance-learning, correspondence, and online law schools. This system is not new, yet none of the reformers who believe cheaper education leads to cheaper lawyers has compared the cost structures of California's legal industry to "ABA-only" states'. Surely by now there are more than enough non-ABA attorneys licensed in California to have made a noticeable difference in the cost of legal services as McGinnis and Mangas argue, yet California?s ABA law schools (including public ones) aren?t competing with non-ABA schools in terms of price. They charge about $40,000 per year in tuition, and they increase it each year over inflation.

Why aren't California's more price-sensitive firms hiring grads directly from the People's College of Law in Los Angeles rather than from UCLA? Better yet, given non-ABA graduates' lower bar passage rates, why aren't firms sending associates to stand around outside LSAT test centers, handing people their business cards and offering to help them through a correspondence program to cut out the ABA middleman? Better yet, they could simply hire people straight out of college (California doesn't even require that much) and have them qualify for the bar by "reading the law," which California allows.

Firms could do this, but instead, they prefer ABA grads from highly regarded law schools. Either California?s legal employers are all monumentally bad businesspeople, or the cost of legal education isn't their (much less their clients') problem.

Let me be clear, McGinnis and Mangas's proposal offers more than some of the others I listed above. But while it would save would-be lawyers time and money, but it still does not ensure that the country's need for legal services determines how many people undergo legal education. Those concerned about providing legal services to the poor will have to demand poverty alleviation and expanded legal aid programs. These solutions politicize the legal profession's role in society, but I think that's unavoidable. More than clever proposals, it will take courage for the profession to admit that noblesse oblige and low-cost education won't entice lawyers to serve the destitute. It will also take courage to admit that law graduates' debts do nothing but reduce their living standards, especially when the profession has no place for them.

Matt Leichter is an attorney licensed in Wisconsin and New York, and he holds a masters in International Affairs from Marquette University. He operates The Law School Tuition Bubble, which archives, chronicles, and analyzes the deteriorating American legal education system. It is also a platform for higher education and student debt reform.

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Source: http://amlawdaily.typepad.com/amlawdaily/2012/01/clever-plans-to-reform-legal-education-wont-make-legal-services-any-cheaper.html

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Canon earnings outlook falters, president steps down (Reuters)

TOKYO (Reuters) ? Canon Inc's 76-year-old chairman and CEO will take on the additional role of president after the $60 billion Japanese camera and printer maker forecast weak earnings growth and said its current president was stepping down.

Like other export-focused Japanese manufacturers, Canon, which makes 80 percent of its revenue overseas, has been hit by a strong yen and a weak economy, on top of last year's floods in Thailand that closed a printer plant and ruptured supply lines.

Canon said Tuneji Uchida, 70, will resign as of March 29, and be replaced by Fujio Mitarai, who served as president from 1995-2006 and has since held the post of chairman.

"Mitarai was at the centre of management, so I don't think there will be any sudden changes," said Naoki Fujiwara, a fund manager at Shinkin Asset Management, which manages about 500 billion yen ($6.5 billion) in assets.

"They do need to hand over to the next generation at some stage, so we're interested to see when that will happen."

Canon forecast 2012 operating profit of 390 billion yen ($5.1 billion), up from last year's 378.1 billion yen, but some way below the average forecast of 470 billion yen from 20 analysts surveyed by Thomson Reuters I/B/E/S.

Profit in 2010 was 387.5 billion yen.

Chief Financial Officer Toshizo Tanaka told reporters on Monday the company would work towards handing over to the next generation over the next three years. For now, given the uncertain economy, choosing a company veteran to replace Uchida, who had asked to step down, was the best option, he said.

Mitarai stepped down as president when he was appointed head of Japan's biggest business lobby, Nippon Keidanren, but he continued to play an active role and was named among the world's 30 best CEOs by Barron's magazine every year between 2008 and 2011.

A nephew of Takeshi Mitarai, among the first executives to head the company, Mitarai joined in 1961 after graduating from law school.

CAUTIOUS OUTLOOK

Canon posted a 14 percent increase in fourth-quarter operating profit, to 94.6 billion yen, in line with consensus estimates, after a fresh round of cost-cutting.

"They're forecasting a rise in 2012 earnings, but given the impact of exchange rates, they're taking a harsh outlook on profits," said Mizuho Research Institute senior economist Koji Takeuchi. "It's not negative overall, but Canon's indication of a cautious view will not be lost on the market."

Canon, which made its first camera in 1933 and now has its IXUS and PowerShot cameras competing against Nikon and Sony Corp, aims to sell 22 million compact cameras and 9.2 million interchangeable lens cameras this year, up from 18.7 million and 7.2 million, respectively, last year.

Nikon said in November it expected to sell 16 million compact cameras in the year to end-March, and 4.7 million digital SLR cameras.

Canon also competes with Xerox in printers.

Xerox lowered its 2012 outlook this month, predicting its business would feel the impact from the European debt crisis.

Canon shares have fallen about 18 percent since the start of last year, slightly underperforming the benchmark Nikkei average's 14 percent decline. The stock closed down 1 percent at 3,435 yen on Monday ahead of the earnings.

($1 = 76.67 yen)

(Reporting by Isabel Reynolds and Takeshi Yoshiike; Editing by Muralikumar Anantharaman, Edwina Gibbs and Ian Geoghegan)

Source: http://us.rd.yahoo.com/dailynews/rss/business/*http%3A//news.yahoo.com/s/nm/20120130/bs_nm/us_canon_results

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Monday, January 30, 2012

Mike Ragogna: From "Don't Mean Nothing" to "Dance With My Father": A Conversation With Richard Marx

2012-01-30-images.jpg

A Conversation with Richard Marx

Mike Ragogna: Richard, last year, you released a Christmas EP, but what else have you been up to recently?

Richard Marx: The Christmas EP obviously came out around Christmas time, so I was working on that for a few months prior. All in all it was pretty painless. It was just an EP, so it was only five songs, but we're going to do a whole album for Christmas 2012, which I'm going to be recording in about 10 days time around April. But this one was pretty painless, it was fun. I got to sing live with me in a booth in one room and the band and strings in their booths - very old school. I had a lot of fun.

MR: Recording everything live, old school.

RM: Right. Or as opposed to all of the vocals being sung by Justin Beiber, I sang these myself.

MR: (laughs) Can you tell us what inspires you as an artist?

RM: Well, my process has been the same for a long time. Unless I'm collaborating with someone and have set a specific time to write a song with someone, I write alone and there is no set time or organization about it. I write something every day, but I don't usually sit down to write a song. Luckily, something forces itself on me every day. It may be a melody that hits me while I'm in my car or a lyric that hits me in the shower. I just make a point to collect these ideas. Some of them just demand to be worked on or finished immediately, some I just tuck away and I may not get to them for months. I don't use an instrument to write when I'm writing by myself. I've found that that's limiting, you know? No matter how good a player you are - and I'm not a good player - you still have to be able to play an instrument. But if that instrument is your imagination, then I'm not limited to anything, and I find that my songwriting is much more interesting. That's one part of my process.

The music almost always comes first and sort of tells me what the lyrics should be. Beyond that, I don't really try to write, I sort of just let it happen. Luckily , for decades now, it just keeps happening. I've found that some of the musicians that I admire so much are so proficient at their instrument or multiple instruments if they're lucky, but they have no freedom. I have had amazing artists tell me that they just know too much about their instrument and the music to use their imagination to its full musical potential. They're limited by their wealth of knowledge if that's possible. There are no limitations in your head to what you can come up with. I wouldn't have come up with a lot of the themes or musical landscapes that accompany my songs if I was sitting with an acoustic guitar or piano. It just wouldn't happen.

MR: That's a great insight. I usually wait with this question until the end of the interview, but let me ask you now. Do you have any advice that you might want to share with new artists?

RM: You know, I think it's a really bad time to start asking people for advice because it's pretty grim out there right now. The music business has gotten smaller since you and I started talking. (laughs) It's shrinking a little bit more every day. I don't have a crystal ball, nor have I ever been good at forecasting things like that. I only know that I'm super-grateful that I came into the business when I did. I feel really bad for young singer-songwriters now because the opportunities that existed for me in the early '80s before I was singed to learn about the business don't exist anymore. And they have been replaced with anything equally great. If I were starting out now, I would feel robbed - and I'm sure there are a lot of young artists out there who feel a little ripped off. The opportunities to really make it a lucrative career have diminished a lot, not that that should ever be anyone's motivation. Before, there was always that hope of writing a hit song and making tons of money. It's a shame because that opportunity and the fantasy of that have been demolished over the last few years, and I don't see that toothpaste going back into the tube. So, in my long-winded answer, I would say if you want to write songs and play in bands and perform because it feeds something in you and you're following your bliss, do it. If you feel like you need it to sustain yourself or to make a living, you're probably going to have to do something else in addition. And that's too bad.

MR: True. Though, I would argue that because of the Internet and social networking and other technologies, I would say that people have more of an opportunity to promote and proliferate their material more freely, more so than I've ever seen in the industry.

RM: Yeah, "getting your music out there" doesn't necessarily mean anything - everyone's music is out there. It doesn't mean it's connecting with anybody. If you've got 17 Facebook friends who all really like your music, that's awesome. And if that's enough to keep you writing songs, that's great. That doesn't mean that your music is "out there." It's great that we no longer have to rely on large record labels - they don't do anybody any good. Most major labels won't even sign someone who hasn't already done most of their social networking promotion ahead of time. It's almost a chicken or the egg situation because they may not sign someone who doesn't have 150,000 Facebook friends. But if they have 150,000 Facebook friends, what do they need a record company for, you know? The one glimmer of hope for the industry is that young people don't need a big corporate machine behind them to get their music heard. But in order to get it started enough to be able to sustain a career? Facebook ain't gonna do it.

It's much more complicated than people think, and I see super-talented people week after week that just aren't going to get by without having that one major hit unless they get by selling records on the DL, playing gigs, and can keep that train going. But if they want to live in a mansion in Beverly Hills, this is not for them. It's way more complicated than even I can understand. We could sit and have a round table discussion about it for hours and we still probably wouldn't come up with any answers. It's a tricky time for the music business. I think the saddest part is that we're at a time in our society where the competition for public attention is greater than ever, music is losing. People are still buying and downloading music, but I don't think the passion for music is what it was even five years ago. People are really taking music for granted now. Do you know why? Because it's tiny, you can't even see it now. It's all measured in megabites. When something gets that physically small, I think there's a brain correlation that says it's also not that important.

MR: Right, and the perceived value has dropped considerably because of pirating and such, wouldn't you say?

RM: Right. And frankly, maybe the next thing to be hit in this way will be sports and professional athletes, only because I feel like the general public has seen the rockstar excess and this legion of people that didn't look like they appreciated it. People don't want to support people like that. I feel it'll be the same with pro athletes. If we see them with everything and still bitching and moaning about it, the average man isn't gonna continue to support these people anymore. At the end of the day, for every negative part of the conversation, there's a positive. For instance, The Civil Wars have been carving out a name for themselves the old fashioned way - from the ground up. They're brilliant talents who are just now starting to get recognized for who great they are.

MR: Richard, before we get into talking about your records and many hit singles, can you tell us how your career started?

RM: Sure. I was about 17 and I'd written about five or six songs, but I had an amazing leg up in the fact that I was born into a musical family. My mom was and still is a great singer, and my dad was a jingle composer and producer. By the time I came along, his business was already growing and thriving, so he built an office in Chicago. Years later, when I had these songs that I'd written, I had this amazing place to go and have them demoed. It wasn't like I was home recording on a tape recorder. I could make really decent demos. I had to save up the money to pay the musicians - my dad didn't front the money. He told me that if I wanted to do this, I'd have to pay for all of it. I put together four or five really good sounding demos and sent them out to every record company, and every record company threw them in the trash. But some friends of mine would play demos like they were records and just listen to them all the time. So, a really good friend of mine was away at college playing the demo in his room and his roommate heard it and really liked it and said he knew a guy who knew a guy who knew a guy who worked with The Commodores. Somehow, my tape with my number on the back wound up in Lionel Richie's hands and he called me up. I was about 3 or 4 months away from graduating from High School. He talked to me for about half an hour on the phone and was so encouraging and gave me some great sage advice. He didn't make me any sort of job offers or anything at the time. But he did tell me that he knew I probably planned on going to college or something but if I decided to come to LA and get my career going, look him up.

That completely rebooted my whole thought process. To have arguably one of the most talented guys in the music business at the time tell me I was talented changed things. So, I bailed on college and went out to LA. One day, I went to his studio to meet him - we'd only talked on the phone before and he put me up in the studio to sing background vocals on his song called "You Are." He was working on his first solo record at the time. For the next couple of years, anytime he was in the studio, he would invite me to be there. Sometimes, I would sing background vocals on things, but the rest of the time, he would just let me be in the room and watch and learn. I can't say enough about what a gracious and generous guy he is, even to this day. I owe a tremendous amount of my career to him.

MR: It seems as though you were in the prot?g? role, right?

RM: Yeah. I mean, I had that with a couple of different people, but he was the first one who was making records that let me sort of be a fly on the wall. It was actually Lionel who recommended me to Kenny Rogers who was also at the top of the charts at the time. That's how I started getting songs placed because the first couple of songs I had placed were with Kenny Rogers. I met Kenny during those recording sessions, and I wouldn't have gotten onto those sessions if it weren't for Lionel.

MR: Right. Some of the hits you had with Kenny were "Crazy" and "What About Me?"

RM: That's right, and those were both from the same album. There was another song on that album as well, but it wasn't a hit. I had three songs on that album and I was only 19, so it was crazy that I was in that situation. But it was all because of Lionel.

MR: Nice. And "What About Me?" was technically your first #1 hit.

RM: Yeah. And "Crazy" followed as the #1 country song. The first song I ever placed was a #1 AC song, though I think it hit #15 on the pop charts. But I definitely thought to myself that it was never going to happen again, I wasn't the kind of guy that thought it was just that easy. I really thought that it was great that it happened and that it would never happen again, but I was ready to do the work to get back to that again.

MR: You went on from there to work a little with the group Chicago.

RM: Well, I sang background vocals on a song on Chicago's 17 record. Robert Lamm, who I was a huge fan of, wrote all of my favorite songs and he and I just hit it off. He was another person that was a huge mentor to me. He asked me to write a song with him but it didn't make the 17 record because it wasn't really good enough. It ended up being on the We Are The World album by Chicago, so I can technically say that I have a Chicago cut. (laughs) It wasn't a spectacular song. I was still such a kid when I wrote that song. But it was so great to work with Robert and we're still friends to this day.

MR: Very cool. Then came Bruce Lundvall of EMI Manhattan who then gave you your break with your first album. Can you tell us about that?

RM: Bruce and I were introduced by a mutual friend, and he basically just heard the exact same songs that everyone else had rejected. Songs like "Endless Summer Nights," "Don't Mean Nothing" and "Should Have Known Better," and he loved them. I couldn't believe it. Not only did he give me a record deal finally, but he told me I should produce my own record, which was just unheard of. That guy just changed my life and is, again, someone I keep in touch with to this very day. I owe my career as an artist to Bruce Lundvall because he singed me when no one else wanted to and gave me tremendous artistic freedom from the get-go. He didn't micromanage. He's the kind of guy that has such an illustrious career, and his philosophy is that if he likes what you do, there is no reason for him to get in the way of it. He's just such a great cheerleader and a really sweet man. Again, for me to be able to make my first record under him was just a huge blessing because that guy is a prince.

MR: Then the Grammy nominations started rolling in, like for Best Rock Vocal Performance for "Don't Mean Nothing."

RM: Yeah. But I was only up against a bunch of no names like Tina Turner and Bruce Springsteen. (laughs) There was no prayer I was going to win, but I was just really honored to be nominated.

MR: Which brings us to your second huge album, Repeat Offender. Can you tell us a little story behind at least one of the songs from that time period?

RM: Well, every song has a story but, "Children Of The Night" was unlike any song I had written up to that point because it wasn't personal. It wasn't about me and it wasn't a relationship song. I just happened upon a 60 Minutes profile of a woman by the name of Lois Lee who founded the charity by the same name. It's an organization in Los Angeles that houses runaway youths. Most kids who run away from home and stay away end up in jail or prosecuted for drugs or something else. It's horrendous. So, I reached out to them and talked to some of the kids in the program so that I could really understand their story. I wrote the song and decided to put it on the Repeat Offender album and donated all the royalties to them for that song. It ultimately built a new home for them in the Los Angeles area so they could house more kids. As nice as that is for them, what I got out of it was being able to meet some of the most extraordinary and courageous young people I've ever met. That's a really special song. I actually got a message on Facebook from one of the kids in the video and she's now married with kids and thriving. When I met her, and during the video shoot, she had just broken free of being a teenaged prostitute. There's a success story for you. I just love that song, and it features an amazing horn arrangement done by my late father, Dick Marx.

MR: Beautiful. Let's jump forward to your album Rush Street because it featured some pretty popular artists including Luther Vandross and Billy Joel. It also features my favorite recording you've done, "Hazard." Tell us about that song.

RM: Well, that song was musically inspired by Danny Lanois who is a brilliant arranger, producer, and musician himself. I was on tour and traveling all over at the time. He's made some of the most beautiful solo albums I've heard - they're very haunting and ethereal. I was sort of in this headspace from listening to a lot of Danny's music, so "Hazard" came out of that. It didn't particularly sound like any of his music, but it sounds like it could have been right at home on one of his records. It was just a piece of music and I didn't want to write lyrics like any other that I'd ever written. I had always wanted to write a story song, but it scared me. It's hard to tell a story in four minutes, you know? But I got an idea and I went after it. I thought it was the dumbest song that I ever tried to write, and my wife heard me playing around with it and kind of flipped out over it. She convinced me to record it and it became one of my biggest hits to this very day. Talk about a shock. I mean, I've never written a song that I thought was a hit but I was sure that nobody would care about that song. I still get people yelling it out at concerts all the time and I don't ever play a concert without doing it.

MR: Part of that, I'm sure, had to do with the spooky video that went with that song.

RM: That was a really great video. It was directed by a guy named Michael Hausman, who is a really great filmmaker. That was the closest thing to a movie that we've ever done for a video. It was a great cast as well - Jennifer O'Neill and Robert Conrad who plays the Sheriff. It's just a really great video and I can say that because I didn't do anything but appear in it.

MR: You've also worked with the late Luther Vandross.

RM: Luther and I started working together when he did background vocals on a song of mine called, "Keeping Coming Back." That experience just cemented our friendship. About a year or two later, he asked me to write a song with him for his Christmas album and we wrote a couple of other songs together after that. In fact, the last song he ever wrote called, "Dance With My Father," was a song that we wrote together, but that was much later.

MR: But that wasn't the first success you had outside your own recordings.

RM: I think the first thing I ever did after I'd had any success as an artist was working with an all-female heavy metal group called Vixen. I was on tour with them and they had finished their album, but everyone felt that they still needed their first hit single. So, I got together with a buddy of mine and we wrote a song called, "Edge Of A Broken Heart." I ended up producing that on the record for them and it was a big hit. I think that that was the first outside project that I ever took once I started touring and performing.

MR: So let's go back to "Dance With My Father," which was a huge hit and also won a Grammy, didn't it?

RM: It did - Best Song of the Year. It came about just like any other song - Luther called me up one day and said that he had an idea for a song called, "Dance With My Father." I told him that I loved the title, and we talked about the lyrics and the ideas he had for the song. The back story for that song is that my dad died in 1997, and it was very sudden and very painful because my dad and I were very, very close. The loss was so profound and it kind of sent me reeling for quite some time. One of the only people during that time who knew how to provide any sort of comfort was Luther. He would call me every couple of weeks and we would end up talking for hours. I can't even begin to tell you how much he helped me through that horrible period. Luther also came from a similar but very different situation because his father died when he was only 12. He didn't really get to know his father that well. The most vivid memory that he had of his father was seeing him come home and dance around the kitchen with Luther's mom and all the kids. It's such a sweet visual image. Luther said that he wanted to write a piece of music to remember his father, and asked if I would work on the music and we'd go from there.

I wrote a piece of music that night or the next day, and he took it and changed some stuff around and made it what he wanted, then added these amazing lyrics to it. The thing that's most beautiful about that song is everything that Luther brought to it because it was his story. I remember him saying that he thought that that song was the most important song of his career - he said that that was his "Piano Man." I was just excited that he was so excited about it. Ten days later, he had a massive stroke. He had just finished and recorded the song and then the stroke happened. It was about another year or so before he passed away, but the legacy of that song and what it means to me is so huge. I tried singing the song and I can't, I tried to sing it because I get asked to sing it a lot. It really has meant a lot to a lot of different people. People have adopted it into their lives like they have with several other songs that I've written, which I think is just incredible. But I can't sing that song because it just makes me too sad. Musical relationship notwithstanding, Luther and I were really close friends. I cherish my memories of him. But when I sing that song, it just bums me out too much, but I can and will say that I am extraordinarily proud to have been his collaborator on that song.

MR: You performed that song with Celine Dion on the night of the Grammys the year it won.

RM: Yeah, and Celine's father had passed away not too long before that. It was really hard for her to get through that. Luther was still alive at that point, though he was pretty incapacitated in the hospital. Celine is flawless though, so I went to Vegas to run through the song with her before the show. That particular year at the Grammys, there were a lot of big production numbers featuring Outkast, Earth, Wind & Fire, and 40 different people on stage at the same time. (laughs) Then we came out, very simply, I played the piano and Celine sang. It was really powerful. She really felt the song in her own way because, as I said, her dad had just passed. Simply the fact that I got to play the piano for Celine Dion is a big high point for me.

MR: You've also sung background vocals for Madonna.

RM: Yeah. That was actually one of the many sessions I did before I had a record deal.

MR: And you worked with Richard Carpenter as well, right?

RM: Yeah, I wrote a song with Richard. That was a great experience.

MR: What are some of your favorite Richard Marx hits from over the years.

RM: That's a nearly impossible question for any artist to answer. I've never heard any artist answer that question properly because there's no way to answer that question without denigrating some of the other songs. There's also no song that I've written that I've seen as a part of one of my live set lists and thought, "Oh, God, I can't wait until this song is over," you know? I'm sure that there are songs of mine that random people hate, but I don't have any. There are none that I'm embarrassed by or that represent a low point or anything. Believe me, I've written a ton of really crappy songs but you've never heard them. I'm not going to let anyone listen to anything that I don't think is the best I can do at any given time.

MR: Well, is there a song that you've written that has a particularly special place in your heart or story behind it?

RM: Again, for every song I've written, there are tracks on albums that are just as important or were just as powerful writing processes to me. When I came back from China, a crowd sang every word of "Right Here Waiting" with me; that was really special. Everywhere I go around the world, people know that song. It was very special and personal to me when it was written. Every song has its own story and life, and there isn't one song of mine that I would consider just a song. They all have a point and an origin, you know? They all have their own lives and entities and it's nearly impossible to just pick one out of the bunch.

MR: Do you have anything lined up for the near future besides beginning to work on that full length Christmas album?

RM: Well, I started touring and playing solo and acoustic last year after decades of playing with a band. I did it mainly because it frightened the hell out of me, but I have since found that it's some of the most exciting and rewarding performing that I've ever done. I'm so in love with it. It's almost like finding a new hobby or activity that you really love. Like all those guys who take up golf and then become obsessed with golf, I'm obsessed with my acoustic show. I'm just really enjoying putting all of my energy into all of those shows. I'm doing a bunch more of those shows this year all around the world. In addition to doing the new Christmas album, I'm also doing a new studio album over the summer, and I'm always writing with different people. I just worked with Keith Urban a few months ago, and I'm hoping to work with him again in the future. Beyond that, I don't make huge plans. I just sort of wait and see what happens. I'm actually working on a project later this year with my friend Fee Waybill who is one of the greatest rock performers ever and a brilliant songwriter on some new solo rock songs for him to be able to put out a record. I can't wait to finish that.

MR: Fee Waybill from The Tubes. You'll have to come back and talk with us about that. Well, Richard thanks so much for taking time out of your schedule to chat with us.

RM: Thanks so much for having me, Mike.

Transcribed by Evan Martin

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Follow Mike Ragogna on Twitter: www.twitter.com/ragz2008

Source: http://www.huffingtonpost.com/mike-ragogna/from-dont-mean-nothing-to_b_1240740.html

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Wednesday, January 25, 2012

Giants edge 49ers to set up Pats rematch (Reuters)

SAN FRANCISCO (Reuters) ? The New York Giants again proved their resilience on the road by reaching the Super Bowl with a 20-17 overtime victory over the San Francisco 49ers on Sunday in the National Football Conference championship game.

A 31-yard field goal by Lawrence Tynes at a damp Candlestick Park sealed a hard-fought victory for the Giants, who last won the Super Bowl over the New England Patriots four years ago with an improbable run to the title as a wild card.

Tynes, who also kicked a game-winning field goal to send New York to their previous Super Bowl, split the uprights after the Giants had gained a decisive turnover in San Francisco territory after a fumbled punt return by back-up receiver Kyle Williams.

"I was so nervous today before the game just anticipating this kind of game," Tynes told reporters. "I'm usually pretty cool but there was something about tonight that I knew I was going to have to make a kick."

Giants coach Tom Coughlin tipped his hat to his team for the late Williams turnover, forced by Jacquian Williams and recovered by Devin Thomas.

"That play at the end of the game was unbelievable, just to give us a chance of winning," Coughlin said after the Giants' fifth straight victory on the road.

"Otherwise it was a defensive struggle and no team was able to really move the ball."

The Giants, who made the playoffs after winning the regular season finale three weeks ago, will face the American Football Conference champion Patriots in the National Football League's title game in Indianapolis on February 5.

For much of a wet and windy afternoon in their formidable fortress of Candlestick Park, the 49ers appeared likely to withstand everything the Giants threw at them.

The home team applied early pressure as steady drizzle enveloped the stadium before quarterback Alex Smith connected with tight end Vernon Davis for a 73-yard touchdown, sending the home crowd wild with delight.

Davis, hit with a personal foul for excessive celebration on a camera stage in the end zone, came close to straying out of bounds as he powered down the right side but the touchdown was upheld after the play was reviewed.

San Francisco's defense kept the Giants at bay for the rest of the first quarter but New York responded early in the second, Eli Manning hitting fullback Bear Pascoe with a short pass to the right for a touchdown to cap a 10-play drive over 69 yards.

BRUISING DEFENSE

Both teams were defending tightly but, with Manning finding his groove, the Giants advanced 51 yards in 10 plays before edging ahead 10-7 just before half-time when Tynes kicked a 31-yard field goal.

Smith was sacked early in the third quarter but, after the 49ers had again cramped the Giants offense, he hit Davis for a 28-yard touchdown in the left corner for a 14-10 lead.

San Francisco carried that lead into the final quarter and stayed in control with their bruising defense before the fumble by Williams, hit on his knee by the bouncing ball after a Giants punt, led to a turnover.

New York took advantage as Manning's laser-like arm finally found wide receiver Mario Manningham for a 17-yard touchdown after a superbly orchestrated six-play drive.

A 25-yard field goal by 49ers kicker David Akers leveled the score at 17-17 with 5:43 left before the game spilled into nerve-jangling overtime and sudden-death.

"We knew it was going to be a tough game against this defense," said Manning, who was sacked six times and completed 32-of-58 passes for 316 yards and two touchdowns.

"We hit a couple big plays and the receivers stepped up and had some great plays and played tough all game."

Sunday's win gave Manning five career road playoff victories, the most of any NFL quarterback, and put Tom Coughlin into a tie for the most by a coach with seven.

(Editing by Frank Pingue and John O'Brien)

Source: http://us.rd.yahoo.com/dailynews/rss/sports/*http%3A//news.yahoo.com/s/nm/20120123/sp_nm/us_nfl_nfc

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Tuesday, January 24, 2012

Video: Health Care Earnings: Why Investors Care

CNBC's Seema Mody offers a preview of the major health care companies that will report earnings this week. The Fast Money traders also discuss.

Related Links:

Business & financial news headlines from msnbc.com

Source: http://video.msnbc.msn.com/cnbc/46103095/

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Bachmann speaks at St. Paul anti-abortion rally (AP)

ST. PAUL, Minn. ? Rep. Michele Bachmann predicted Sunday that the November elections will end abortion as she made her first public appearance in Minnesota since dropping out of the Republican presidential race.

Bachmann spoke to hundreds of people opposed to legal abortion who traveled on school buses from across the state Sunday to mark the 39th anniversary of the Supreme Court decision legalizing abortion, Minnesota Public Radio reported ( http://bit.ly/zIPAwh). The annual rally was sponsored by Minnesota Citizens Concerned for Life, which said in a statement that the event drew more than 4,000 people.

Bachmann said the Supreme Court decision should be repealed within the next year.

"Here on our watch we will stand, we will stand for life, we will never forget, we will never give up, and next year we will gather in a day of celebration when we have finally ended abortion in this all important election," she said. "Join me this year. Choose life."

Bachmann has appeared at few public events in Minnesota in the past half-year, when her focus was on her GOP presidential campaign. She dropped out of the race after finishing sixth in Iowa's leadoff caucuses in early January.

She hasn't said if she'll run for a fourth term in Congress, representing suburbs north and east of the Twin Cities. In response to a question from a reporter, she said she'll give interviews soon on the subject.

Republican Reps. Erik Paulson, Chip Cravaack and John Kline also spoke at the event.

Planned Parenthood officials said they'll oppose any action that limits women's access to health care and legal abortion.

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Information from: Minnesota Public Radio News, http://www.mpr.org

Source: http://us.rd.yahoo.com/dailynews/rss/gop/*http%3A//news.yahoo.com/s/ap/20120123/ap_on_go_co/us_anti_abortion_rally_bachmann

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Monday, January 23, 2012

Reporter?s notebook: journey to the Strait of Hormuz

Ali Arouzi / NBC News

By Ali Arouzi
NBC News
BANDAR ABBAS, IRAN

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With each passing day, the tension between Iran and the West escalates over access to the Strait of Hormuz, a strategic waterway for oil exports at the entrance to the Persian Gulf.

Over the weekend ?Nightly News? was given a rare opportunity to visit the port city of Bandar Abbas, the closest Iranian city to the Strait of Hormuz.? We were the only foreign journalists allowed to visit the city, an area just a few miles from the Strait, and speak to the people who live there.

Join the conversation. Click HERE to visit the "Nightly News" Facebook page.

After flying into Bandar?Abbas airport?we jumped into a cab, and it did not take long for our driver, Jamshid, to start complaining about soaring inflation and the effect of U.S sanctions. He told us that the price of everything has gone up and he and his family are struggling to stay afloat. ?

Today, the European Union joined the United States in imposing heavy sanctions on the Iran oil and gas sector. The sanctions came one day after a U.S. aircraft carrier, the USS Abraham Lincoln, steamed through the crucial sea passage without incident, despite threats issued by the Iranian government three weeks ago.

A pair of Chinese-made shoes that Jamshid had bought for his daughter about three months ago now cost $40, nearly double what he previously paid. When we spoke about the presence of a large American fleet in the vicinity, Jamshid told me that his cousin had an opportunity to catch a glimpse of the 5th fleet and it scared him half to death because it was like a floating city. I asked Jamshid in what capacity his cousin had seen the 5th fleet, but he declined to tell me.

Ali Arouzi / NBC News

We approached people at a fish market, but when the camera came out people clammed up. The few people who did talk to us were not happy.

A fishmonger, who told us his name was Ali, said work had become prohibitively expensive. The price of fishing and materials has sky rocketed, he said, and people simply don?t have the money to buy fish because the price goes up daily.

Others spoke to us off-camera and said they fear war and don't know what to do. More boisterous members of the crowd said they had no fear and would fight till their last breath.

From there, we took to the waters, where we traveled through the Persian Gulf. Amid the plethora of oil tankers, it became obvious that this chokepoint also offered a lifeline for fishing boats, cargo boats and the multitude of unmarked Iranian speedboats that make a clandestine crossing every day loaded with smuggled consumer goods -- ranging from Chinese-made shoes to Japanese cars -- from the other side of the Gulf.

As far as many merchants and politicians are concerned, this is the most significant waterway in the world, and it's here in the Persian Gulf that America and Iran's resolve will be tested if they can't come to some sort of a compromise.

With 17 million barrels of oil traveling through the Strait of Hormuz every day, it's a tight squeeze: only 21 miles at its widest point, and its shipping lanes are even narrower. Inbound and outbound lanes are only two miles wide. This is where Iran can cause trouble if its oil sales are disrupted or it's attacked.

Ali Arouzi / NBC News

Today, lawmaker Mohammad Ismail Kowsari, deputy head of Iran's influential committee on national security told Iran?s Mehr news agency the Strait "would definitely be closed if the sale of Iranian oil is violated in any way."

Kowsari claimed that in case of the Strait's closure, the U.S. and its allies would not be able to reopen the route, and warned America not to attempt any "military adventurism."

Another senior lawmaker, Heshmatollah Falahatpisheh, told the news agency Iran has the right to shutter Hormuz in retaliation for oil sanctions, and that the closure was increasingly probable. ?

And Iran is preparing itself for that eventuality with war games involving the country?s Navy and Revolutionary Guards in the Persian Gulf becoming routine.

A senior commander of Iran's Revolutionary Guards said Saturday on state TV that the likely return of U.S. naval vessels to the region was "not a new issue and ... should be interpreted as part of their permanent presence." This may be seen as a sign of cooler heads prevailing while a last-ditch attempt is made to restart nuclear talks, but it does not indicate any change of stance on Iran?s nuclear program. If talks don't bear fruit, or if Iran is blocked from selling its oil, cooler heads won't prevail for long. One analyst, who spoke to NBC News on condition of anonymity, told me that if Iran can't sell its oil through the Gulf, it's not going to let anyone else do so.

Back on dry land, we visited the local bazaar where we spoke to a man who went by the name Koshrude, a veteran of the Iran-Iraq war. While we were setting up to interview him he argued with a client buying tea. The client complained that the goods were too expensive, but Koshrude said, "What can I do? The price of the dollar has gone up, so has the Dirham. We have sanctions and threats ? it's not in my hands.?

The client reluctantly bought two boxes of Indian tea and left. Koshrude said, ?The customer was right to complain, prices are staggering!?

When asked about the presence of the U.S. Navy in the area, Koshrude dismissed it as saber rattling at sea.

"We have seen these pressures before. We dealt with it and we will do so again," he said.

Our day was drawing to an end and hunger started to set in. In the true tradition of Iranian hospitality, Jamshid, our driver, insisted that we go to his house and have dinner with his family. He said, ?It is my duty. You are guests in my town, and besides which the restaurants are too expensive.?? ?

After our meal, he dropped us off at our hotel and bid us farewell. I could not help feeling very sorry for him because it's the working man that will pay disproportionally for Iran's standoff with the West.

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Source: http://dailynightly.msnbc.msn.com/_news/2012/01/23/10219005-reporters-notebook-journey-to-the-strait-of-hormuz

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