iPhone demand said to be ‘robust,’ recent cuts don’t reflect weak demand

Following recent reports from Nikkei and The Wall Street Journal that suggested Apple (AAPL) slashed iPhone 5 component orders in half due to weak demand,  the company’s stock fell significantly and opened below $ 500 for the first time in nearly a year. The reports have been called into question, however, with many believing they do not represent true consumer interest. Shaw Wu of Sterne Agee wrote in a note to investors on Tuesday, per Apple Insider, that his supply chain checks have indicated that demand for the iPhone 5 “remains robust.” The analyst believes the recent reports are a result of improved yield rates and possibly Apple’s recent supplier changes.

[More from BGR: PlayStation 4 and Xbox 720 could cost just $ 350, expected to launch this fall]

Despite the recent concerns, Wu expects Apple to post better-than-expected earnings for the December quarter led by sales of 47.5 million iPhones with a gross margin of 38.7%. Both estimates are above Wall Street’s expectations of between 46 to 47 million iPhones and a 38.3% gross margin.

[More from BGR: HTC One SV review]

Sterne Agee reiterated its Buy rating on shares of Apple with a price target of $ 840.

Wu’s expectations remain bullish compared to other Wall Street analysts. Stuart Jeffrey of Nomura is the most recent analyst to cut his outlook on Apple stock. Nomura reduced the company’s price target to $ 530 from $ 660 Tuesday morning, citing weak demand for the iPhone 5 and increased pressure on Apple’s margins.

This article was originally published on BGR.com

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Jessica Simpson: Second Pregnancy Was a Shock, Much Different Than First

Paul Drinkwater/NBC

Jessica Simpson says she was channeling a certain curvaceous reality star when she posted for a bikini bump self-portrait on Twitter during her Christmas holiday in Hawaii.

“I felt really hot, and I thought I deserved a Kim Kardashian moment, you know? I was really feeling it, like, ‘Oh, my bump looks cute. I’m going to share that,’” the Fashion Star mentor quipped during an appearance on Tuesday’s Tonight Show with Jay Leno.

But Simpson, 32, says her second pregnancy has been anything but a feel-good time. She’s been nauseated and not having the same sort of cravings as when she was expecting daughter Maxwell Drew, who’s now 8 months old and beginning to crawl.

“I’ve been really, really sick so I can’t wait to actually be able to crave something like I did in my first pregnancy,” the singer and actress explains. “I’m due in the summer so I still have a ways to go — hopefully I start feeling better.”

That morning sickness may be a good thing for the Weight Watchers spokeswoman. Simpson says she gained “a lot more” than her doctors recommended the first go-round, but this time she hopes to eat healthier and not go too crazy.

“I didn’t really make any healthy, good decisions,” she says of her first pregnancy. “The last time I ate everything in sight. I was really happy to be pregnant and I just didn’t even step on the scale. I was the person who turned around and said, ‘Just don’t tell me, I’m having fun.’”

“I guess I just didn’t realize you could gain that much weight that quickly,” Simpson explains. “I had fun doing it but once I had Maxwell I realized that it all wasn’t water weight and I had to really work hard. In four months I lost over 50 pounds.”

The second pregnancy, she added, was not planned and surprised both her and fiancé Eric Johnson, whom she joked was “really proud” that it happened all over again so quickly.

“Apparently it was a part of God’s plan for my life,” Simpson says with a laugh. “I was extremely shocked. I was shocked because I was going through a lot of hormonal changes trying to get back to the old, vibrant Jessica. And you know, it was kind of like a one-night stand. And it happened … all over again!”

Her much-anticipated wedding, she says, just keeps getting pushed back.

“We’ve had two different wedding dates, but he keeps knocking me up,” Simpson wisecracks. “I’m doing it very backwards, I know! I’ll just keep my legs crossed this time.”

– Andrea Billups

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ER visits tied to energy drinks double since 2007

SAN FRANCISCO (AP) — A new government survey suggests the number of people seeking emergency treatment after consuming energy drinks has doubled nationwide during the past four years, the same period in which the supercharged drink industry has surged in popularity in convenience stores, bars and on college campuses.

From 2007 to 2011, the government estimates the number of emergency room visits involving the neon-labeled beverages shot up from about 10,000 to more than 20,000. Most of those cases involved teens or young adults, according to a survey of the nation's hospitals released late last week by the Substance Abuse and Mental Health Services Administration.

The report doesn't specify which symptoms brought people to the emergency room but calls energy drink consumption a "rising public health problem" that can cause insomnia, nervousness, headache, fast heartbeat and seizures that are severe enough to require emergency care.

Several emergency physicians said they had seen a clear uptick in the number of patients suffering from irregular heartbeats, anxiety and heart attacks who said they had recently downed an energy drink.

More than half of the patients considered in the survey who wound up in the emergency room told doctors they had downed only energy drinks. In 2011, about 42 percent of the cases involved energy drinks in combination with alcohol or drugs, such as the stimulants Adderall or Ritalin.

"A lot of people don't realize the strength of these things. I had someone come in recently who had drunk three energy drinks in an hour, which is the equivalent of 15 cups of coffee," said Howard Mell, an emergency physician in the suburbs of Cleveland, who serves as a spokesman for the American College of Emergency Physicians. "Essentially he gave himself a stress test and thankfully he passed. But if he had a weak heart or suffered from coronary disease and didn't know it, this could have precipitated very bad things."

The findings came as concerns over energy drinks have intensified following reports last fall of 18 deaths possibly tied to the drinks — including a 14-year-old Maryland girl who died after drinking two large cans of Monster Energy drinks. Monster does not believe its products were responsible for the death.

Two senators are calling for the Food and Drug Administration to investigate safety concerns about energy drinks and their ingredients.

The energy drink industry says its drinks are safe and there is no proof linking its products to the adverse reactions.

Late last year, the FDA asked the U.S. Health and Human Services to update the figures its substance abuse research arm compiles about emergency room visits tied to energy drinks.

The Substance Abuse and Mental Health Services Administration's survey was based on responses it receives from about 230 hospitals each year, a representative sample of about 5 percent of emergency departments nationwide. The agency then uses those responses to estimate the number of energy drink-related emergency department visits nationwide.

The more than 20,000 cases estimated for 2011 represent a small portion of the annual 136 million emergency room visits tracked by Centers for Disease Control and Prevention.

The FDA said it was considering the findings and pressing for more details as it undertakes a broad review of the safety of energy drinks and related ingredients this spring.

"We will examine this additional information ... as a part of our ongoing investigation into potential safety issues surrounding the use of energy-drink products," FDA spokeswoman Shelly Burgess said in a statement.

Beverage manufacturers fired back at the survey, saying the statistics were misleading and taken out of context.

"This report does not share information about the overall health of those who may have consumed energy drinks, or what symptoms brought them to the ER in the first place," the American Beverage Association said in a statement. "There is no basis by which to understand the overall caffeine intake of any of these individuals — from all sources."

Energy drinks remain a small part of the carbonated soft drinks market, representing only 3.3 percent of sales volume, according to the industry tracker Beverage Digest. Even as soda consumption has flagged in recent years, energy drinks sales are growing rapidly.

In 2011, sales volume for energy drinks rose by almost 17 percent, with the top three companies — Monster, Red Bull and Rockstar — each logging double-digit gains, Beverage Digest found. The drinks are often marketed at sporting events that are popular among younger people such as surfing and skateboarding.

From 2007 to 2011, the most recent year for which data was available, people from 18 to 25 were the most common age group seeking emergency treatment for energy drink-related reactions, the report found.

"We were really concerned to find that in four years the number of emergency department visits almost doubled, and these drinks are largely marketed to younger people," said Al Woodward, a senior statistical analyst with the Substance Abuse and Mental Health Services Administration who worked on the report.

Emergency physician Steve Sun said he had seen an increase in such cases at the Catholic hospital where he works on the edge of San Francisco's Golden Gate Park.

"I saw one young man who had mixed energy drinks with alcohol and we had to admit him to the hospital because he was so dehydrated he had renal failure," Sun said. "Because he was young he did well in the hospital, but if another patient had had underlying coronary artery disease, it could have led to a heart attack."

___

Follow Garance Burke on Twitter at http://twitter.com/garanceburke

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L.A. Unified to overhaul struggling Crenshaw High

No school has meant more to the African American community in Los Angeles than Crenshaw High. For most of its 45 years, it has been an established neighborhood hub, known for championship athletic teams and arts programs, sending graduates to top colleges.

But the Leimert Park campus has declined in recent years. Dropout rates have soared and student achievement has plummeted. L.A. Unified school Supt. John Deasy calls it one of the district's biggest disappointments.

In an effort to turn the school around, the Board of Education on Tuesday approved Deasy's drastic proposal to remake the campus into three magnets — and require teachers to reapply for their jobs.

Deasy's critics, including those at Crenshaw, were quick to complain. They say he is using an ax instead of a scalpel, that his approach would jettison talented people and abandon efforts that show some promise and deserve his support.

Rita Hall, a member of the school's first graduating class in 1969, told the board Tuesday that the school was once successful because of immense stability and support — which it lacks today. The campus, even through its struggles, is an important mainstay in the community.

"Crenshaw means family.... The board doesn't seem to recognize that there is a strong legacy and bond," Hall said. "We are very passionate about our school."

This is not the first time that Crenshaw, with an increasingly Latino student body, has been the focus of L.A. Unified's attention. Other efforts to turn around low achievement weren't successful. In 2005, the school lost its accreditation in a largely bureaucratic snafu. In 2008, the school failed to receive a state academic rating because it failed to test enough students.

Many parents are opposed to the new plan and pleaded with the board to delay the vote. Speakers blamed the district for the school's slow progress, telling the board that the campus has suffered through a parade of administrators — more than 30 principals and assistant principals over seven years, according to veteran Crenshaw teacher Alex Caputo-Pearl. The transition to magnet programs would be disruptive for students, they said.

Deasy argued that much of the sentiment expressed by parents and teachers is the reason the district is taking action to make sure student achievement becomes "dramatically and fundamentally better."

"It is a civil right for students to be able to read and do mathematics. It is a fundamental right to graduate — and it is not happening at Crenshaw," he said, adding, "Students are not learning. Students are not graduating. Students are not able to read."

Board member Marguerite Poindexter LaMotte, who represents the school and lives nearby, told the crowd to give the district a chance to transform the school into one that students could be proud of.

"We have got to change something at Crenshaw for the better," LaMotte said. "When they go to school in the morning — when I see them passing — I want them to say 'I go to Crenshaw and I'm proud to go to Crenshaw.' "

The board approved Deasy's plan unanimously with one member, Richard Vladovic, absent. After the vote, supporters began chanting "The fight is not over, we will take over!"

LaMotte quickly responded: "I'd want to know why anyone would want a child to go to a broken school."

The school, with more than 1,300 students — nearly all from low-income families — has made virtually no progress in increasing achievement in English and math. The percentage of students at grade level in English has declined slightly over four years, from 19% to 17%; in math, the figure has inched up — but only from 2% to 3%.

This year, there was an increase in Crenshaw's overall Academic Performance Index score, which includes results from all students tested. It rose from 554 to 569, which still leaves the campus among the lowest-performing in the state and, Deasy said, the worst in L.A. Unified. The school has also lost students, with many choosing other district schools or independent, publicly funded charter schools.

Deasy has authority under federal law to replace the staff at Crenshaw because of the school's poor performance, but he describes the move differently. Avoiding the term "reconstitution," which is used to describe a school that is substantially restaffed, he instead focuses on the changeover to a magnet program. But UCLA associate professor John Rogers said Deasy's move is essentially reconstitution under another guise.

The conversion echoes the strategy already employed at Westchester High, another comprehensive district high school where a majority of students are African American.

Magnet schools were designed to draw enrollment from across the district to promote integration.

District officials consider Westchester's changeover a significant improvement that allowed them to alter the culture of the school. Some Crenshaw parents, who followed events at Westchester, aren't persuaded.

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IHT Rendezvous: And Now, via Google, Time Travel Through the Streets of Segovia

PARIS — Last month, Google and the Network of Jewish Quarters in Madrid announced an online pilot project that offers an expansive street-level tour of Spain’s long-ignored medieval neighborhoods that were emptied by the Spanish Inquisition. As I explored the site, to my surprise, the photographs of ancient, sand-colored stone walls in Segovia connected me with my own ancestors: my 16th great-grandparents.

The project is designed to offer a digital stroll through 1,000 years of history that was long buried and ignored: the legacy of the expulsion of Jews in 1492 by the Spanish monarchs Ferdinand and Isabella. The platform offers historical timelines, maps and photographs of ancient landmarks of Jewish life. Among them are the butcher shop at the entrance to Barcelona’s Jewish quarter at Sant Domènec street and my personal favorite, the 14th-century Tower of Love, in Palma on the island of Majorca. The tower figured in a clash between two prominent Jews over the affections of a woman, allowing one of them to spy on the other in the narrow lane of the quarter until a king intervened.

It is those kinds of intangible memories that the Spanish Network of Jewish Quarters, a nonprofit association founded in 1995, is hoping to pass on to a broader global audience. Google, which financed the project, has grand ambitions to create a platform that other institutions can use to mix information and history with a mapping system, according to William Echikson, a Google spokesman in Europe.

The project’s release comes within weeks of the Spanish government’s offer of citizenship to descendants of expelled Sephardic Jews with current religious ties. In Córdoba, local officials in Andalusia have also struck an agreement with the catering industry to open up the14th-century Córdoba synagogue for weddings in a bid to boost Jewish tourism. The new site allows visitors a glimpse of its neighborhood, Calle Judío.

“Maybe this will help people to trace their family roots from around the world so that they can figure out connections,” said Assumpció Hosta, general secretary of the network. “And maybe this will also give the citizens of Spain knowledge about their own history that has been neglected for years.”

In my own case, I made the acquaintance of my 16th great-grandparents only recently, while poring through genealogy records to trace the lines of my grandmother, Ángela Chacón. Her family lived in Costa Rica for generations and intermarried with other Catholic converso families like the Carvajals, who guarded their secret Sephardic Jewish identity for centuries.

Two weeks of exploring my grandmother’s line led me to distant great-grandfathers who were conquistadors in New Spain, one who searched fruitlessly for El Dorado. Others led me to ancestors in the south of Spain and in Segovia, home of Diego Arías Dávila, my distant great-grandfather, who was the wealthy royal treasurer for Enrique IV, the king of Castile and León and the half-brother of Queen Isabella, who succeeded him.

Diego Arías Dávila and his wife and my ancestor, Elvira González, were Jews whose families converted to Christianity in the tense decades leading up to the start of the Inquisition in 1478. After their deaths, they were posthumously tried in 1486 by the Inquisition for heresy for secretly maintaining Jewish rituals despite their conversions. Their son, Juan, the Catholic bishop of Segovia, was also accused of heresy, and retreated in exile to Rome, where he died trying to clear the family’s name.

I have never been to Segovia, but the new Web site took me on a haunting stroll to a street framed by stone walls called Martínez Campos. It was the site of the Campo synagogue – built and paid for in 1456 by Elvira González, although she was then a convert. Nothing remains of the building.  Another page took me on a tour of Merced Square, with a splashing fountain and towering monastery. It was there that Diego Arías Dávila
built a hospital with a chapel that existed until 1946. At one point, according to Inquisition records, Diego joked about being buried in a monastery there, prayed over by the monks and for good measure by the prayers of Jews at a neighboring synagogue.

But today, as I scroll through photos of Merced Square, I’m well aware that the remains of my ancestors have disappeared from Segovia – secretly removed from their tomb by their son, the bishop, who feared that the Inquisition would seize them and burn them in effigy as punishment for heresy.

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The Golden Globes, Starring Tina Fey and Amy Poehler and Nobody Else

We realize there’s only so much time one can spend in a day watching new trailers, viral video clips, and shaky cell phone footage of people arguing on live television. This is why every day The Atlantic Wire highlights the videos that truly earn your five minutes (or less) of attention. Today:  

RELATED: The Way the World Could Have Ended

Now, we know what you’re thinking. Forget the rest of the show. And the red carpet. And the after-parties. And Lena Dunham, and maybe even Unimpressed Tommy Lee Jones. Now if only someone could just put together all the Tina Fey and Amy Poehler bits from last night’s Golden Globes — what little their was after that fantastic monologue, anyway. Well, you’re in luck. Don’t thank us, thank Flavorwire. Oh, fine, thank us a little bit:

RELATED: The Only ‘Kiss From a Rose’ Cover You’ll Ever Need

RELATED: Let’s Get Honest with ‘The Avengers’

If you were wondering, we were totally rooting for the fish: 

RELATED: ‘Roseanne’ Predicted Internet Addiction; A Weather Alert from Hell

RELATED: Yes, Someone Turned Their Dead Cat Into a Helicopter

As you may have heard, it is very cold in Los Angeles. As you also may have heard, cold in Los Angeles is very different than cold anywhere else, and, well, it’s quite funny watching them squirm:

And, finally, here is a cat using its feline agility to maneuver itself into a hammock. Yes, we are jealous: 

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Lance Armstrong Admits Doping, Says Oprah Winfrey

By Stephen M. Silverman

01/15/2013 at 08:30 AM EST

Oprah Winfrey and Lance Armstrong

Heather Wines/CBS; Sipa

After being stripped of his seven Tour de France titles last August – and apparently lying in interviews for more than a decade – Lance Armstrong has admitted to using performance-enhancing drugs to win his multiple cycling championships, CBS News confirmed.

Armstrong, 41, made the personal confession to Oprah Winfrey in an interview to air over two nights starting Thursday on her OWN network, Winfrey announced Tuesday morning.

Appearing on CBS This Morning in what was basically a tease for her interview, Winfrey called her sit-down with the disgraced athlete "the biggest interview I've ever done," adding, "I would say he didn't come clean in the manner I expected."

She did say, however, she "was satisfied" and "riveted by some of his answers" to her 112 prepared questions.

Winfrey offered no specifics of what he said, other than to say that after about 90 minutes, while they were taking a break, Armstrong asked her, "Will there be a point where you lighten up?"

Asked by Eary Show's Charlie Rose if she found Armstrong "contrite," Winfrey did say he was "forthcoming," but "I choose not to characterize. I would prefer people make their own decisions."

She did admit he was "truthful, serious [and] certainly had prepared himself for this moment."

As for "why now," Winfrey said, "He was just ready," and she cited the mounting pressure upon Armstrong in the past weeks, which had "just increased in intensity."

Immediately following her interview with Armstrong, which took place Monday at the Austin, Texas, Four Season Hotel, Winfrey Tweeted: "Just wrapped with @lancearmstrong More than 2 1/2 hours . He came READY!" On CBS This Morning, she said he came with a small group of people, but "we did not allow the lawyers in the room."

The interview reportedly followed Armstrong's appearance at his Livestrong cancer charity offices in Austin, where he was said to have apologized to the 100 people on the staff.

There are also reports that Armstrong is in talks to return a portion of the millions of dollars in taxpayer money received by his former team, U.S. Postal Service, and that he may be willing to name others who used performance-enhancers.

In addition, CBS News reports that senior Justice Department officials have suggested that the government join a lawsuit filed by a former Postal Team member accusing Armstrong of defrauding the federal government.

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Hospitals crack down on workers refusing flu shots

CHICAGO (AP) — Patients can refuse a flu shot. Should doctors and nurses have that right, too? That is the thorny question surfacing as U.S. hospitals increasingly crack down on employees who won't get flu shots, with some workers losing their jobs over their refusal.

"Where does it say that I am no longer a patient if I'm a nurse," wondered Carrie Calhoun, a longtime critical care nurse in suburban Chicago who was fired last month after she refused a flu shot.

Hospitals' get-tougher measures coincide with an earlier-than-usual flu season hitting harder than in recent mild seasons. Flu is widespread in most states, and at least 20 children have died.

Most doctors and nurses do get flu shots. But in the past two months, at least 15 nurses and other hospital staffers in four states have been fired for refusing, and several others have resigned, according to affected workers, hospital authorities and published reports.

In Rhode Island, one of three states with tough penalties behind a mandatory vaccine policy for health care workers, more than 1,000 workers recently signed a petition opposing the policy, according to a labor union that has filed suit to end the regulation.

Why would people whose job is to protect sick patients refuse a flu shot? The reasons vary: allergies to flu vaccine, which are rare; religious objections; and skepticism about whether vaccinating health workers will prevent flu in patients.

Dr. Carolyn Bridges, associate director for adult immunization at the federal Centers for Disease Control and Prevention, says the strongest evidence is from studies in nursing homes, linking flu vaccination among health care workers with fewer patient deaths from all causes.

"We would all like to see stronger data," she said. But other evidence shows flu vaccination "significantly decreases" flu cases, she said. "It should work the same in a health care worker versus somebody out in the community."

Cancer nurse Joyce Gingerich is among the skeptics and says her decision to avoid the shot is mostly "a personal thing." She's among seven employees at IU Health Goshen Hospital in northern Indiana who were recently fired for refusing flu shots. Gingerich said she gets other vaccinations but thinks it should be a choice. She opposes "the injustice of being forced to put something in my body."

Medical ethicist Art Caplan says health care workers' ethical obligation to protect patients trumps their individual rights.

"If you don't want to do it, you shouldn't work in that environment," said Caplan, medical ethics chief at New York University's Langone Medical Center. "Patients should demand that their health care provider gets flu shots — and they should ask them."

For some people, flu causes only mild symptoms. But it can also lead to pneumonia, and there are thousands of hospitalizations and deaths each year. The number of deaths has varied in recent decades from about 3,000 to 49,000.

A survey by CDC researchers found that in 2011, more than 400 U.S. hospitals required flu vaccinations for their employees and 29 hospitals fired unvaccinated employees.

At Calhoun's hospital, Alexian Brothers Medical Center in Elk Grove Village, Ill., unvaccinated workers granted exemptions must wear masks and tell patients, "I'm wearing the mask for your safety," Calhoun says. She says that's discriminatory and may make patients want to avoid "the dirty nurse" with the mask.

The hospital justified its vaccination policy in an email, citing the CDC's warning that this year's flu outbreak was "expected to be among the worst in a decade" and noted that Illinois has already been hit especially hard. The mandatory vaccine policy "is consistent with our health system's mission to provide the safest environment possible."

The government recommends flu shots for nearly everyone, starting at age 6 months. Vaccination rates among the general public are generally lower than among health care workers.

According to the most recent federal data, about 63 percent of U.S. health care workers had flu shots as of November. That's up from previous years, but the government wants 90 percent coverage of health care workers by 2020.

The highest rate, about 88 percent, was among pharmacists, followed by doctors at 84 percent, and nurses, 82 percent. Fewer than half of nursing assistants and aides are vaccinated, Bridges said.

Some hospitals have achieved 90 percent but many fall short. A government health advisory panel has urged those below 90 percent to consider a mandatory program.

Also, the accreditation body over hospitals requires them to offer flu vaccines to workers, and those failing to do that and improve vaccination rates could lose accreditation.

Starting this year, the government's Centers for Medicare & Medicaid Services is requiring hospitals to report employees' flu vaccination rates as a means to boost the rates, the CDC's Bridges said. Eventually the data will be posted on the agency's "Hospital Compare" website.

Several leading doctor groups support mandatory flu shots for workers. And the American Medical Association in November endorsed mandatory shots for those with direct patient contact in nursing homes; elderly patients are particularly vulnerable to flu-related complications. The American Nurses Association supports mandates if they're adopted at the state level and affect all hospitals, but also says exceptions should be allowed for medical or religious reasons.

Mandates for vaccinating health care workers against other diseases, including measles, mumps and hepatitis, are widely accepted. But some workers have less faith that flu shots work — partly because there are several types of flu virus that often differ each season and manufacturers must reformulate vaccines to try and match the circulating strains.

While not 100 percent effective, this year's vaccine is a good match, the CDC's Bridges said.

Several states have laws or regulations requiring flu vaccination for health care workers but only three — Arkansas, Maine and Rhode Island — spell out penalties for those who refuse, according to Alexandra Stewart, a George Washington University expert in immunization policy and co-author of a study appearing this month in the journal Vaccine.

Rhode Island's regulation, enacted in December, may be the toughest and is being challenged in court by a health workers union. The rule allows exemptions for religious or medical reasons, but requires unvaccinated workers in contact with patients to wear face masks during flu season. Employees who refuse the masks can be fined $100 and may face a complaint or reprimand for unprofessional conduct that could result in losing their professional license.

Some Rhode Island hospitals post signs announcing that workers wearing masks have not received flu shots. Opponents say the masks violate their health privacy.

"We really strongly support the goal of increasing vaccination rates among health care workers and among the population as a whole," but it should be voluntary, said SEIU Healthcare Employees Union spokesman Chas Walker.

Supporters of health care worker mandates note that to protect public health, courts have endorsed forced vaccination laws affecting the general population during disease outbreaks, and have upheld vaccination requirements for schoolchildren.

Cases involving flu vaccine mandates for health workers have had less success. A 2009 New York state regulation mandating health care worker vaccinations for swine flu and seasonal flu was challenged in court but was later rescinded because of a vaccine shortage. And labor unions have challenged individual hospital mandates enacted without collective bargaining; an appeals court upheld that argument in 2007 in a widely cited case involving Virginia Mason Hospital in Seattle.

Calhoun, the Illinois nurse, says she is unsure of her options.

"Most of the hospitals in my area are all implementing these policies," she said. "This conflict could end the career I have dedicated myself to."

__

Online:

R.I. union lawsuit against mandatory vaccines: http://www.seiu1199ne.org/files/2013/01/FluLawsuitRI.pdf

CDC: http://www.cdc.gov

___

AP Medical Writer Lindsey Tanner can be reached at http://www.twitter.com/LindseyTanner

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Analyst calls Brown's budget 'reasonable' but has some concerns

SACRAMENTO — Gov. Jerry Brown's budget proposal may be too optimistic, but California's finances still have shown dramatic improvement, the Legislature's top financial advisor said Monday.

Legislative Analyst Mac Taylor said the state is likely to generate $2.1 billion less in revenue and savings than the governor is counting on. But after years of catastrophic deficits, that's a relatively small gap in an estimated $97.7-billion proposal, he said.

"That's not a startling difference," said Taylor, who called the governor's plans "reasonable."

Brown and Taylor both see California's finances on the upswing, but they've differed on how fast the finances are improving. The governor says the state's deficit already has been wiped out; in November, the analyst projected a $1.9-billion budget gap this year.

Taylor did not back away from that estimate in his Monday report but described it as a "small problem" — "not big enough at this point to worry too much."

H.D. Palmer, spokesman for Brown's Department of Finance, said the analyst's report is proof the governor is taking the right approach. "Living within our means, paying down debt and strengthening education are the right policy choices for California," Palmer said in a statement.

Taylor raised some concerns. The end of the federal payroll tax cut could lower economic activity, taking a bite out of tax revenue. A drawn-out fight in Congress over raising the debt ceiling could cause a slump in the stock market.

He also noted that Brown's proposal "does nothing" to address mounting costs for teacher pensions and retiree healthcare. "There's no plan as to how we pay those off," Taylor said.

Unfunded obligations in the teachers' pension fund were estimated at $64.5 billion over 30 years. For retiree healthcare, the estimate was $62.1 billion.

In addition, Taylor said, Brown's plan could burn through much of California's potential surplus, leaving the state without a cushion. Then, "if you get to the point where you have a downturn," he said, "you'll need to go back on those spending commitments."

Assemblyman Jeff Gorrell (R-Camarillo), vice chairman of the Assembly budget committee, said California will need financial breathing room when the temporary taxes that voters passed in November expire in 2019. Otherwise, Gorrell said, the state could face "another massive deficit."

Palmer said the administration's own estimates show the state having healthy surpluses through 2017.

Taylor's most pointed criticism involved Brown's plan to use new revenue from Proposition 39, which changed how corporate taxes are calculated, to make schools more energy-efficient.

Because the ballot measure said projects would be selected based on energy savings and job creation, devoting the money to schools may not give the state the most bang for its buck, according to the report.

"The governor's proposal very likely would not maximize state energy and job benefits," it said.

Taylor did not offer alternatives.

chris.megerian@latimes.com

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French Say They ‘Blocked’ Rebel Advance in Mali

PARIS — The French defense ministry said on Monday that a town in central Mali had fallen to Islamist rebels from the north, hours after Foreign Minister Laurent Fabius said his country’s dramatic intervention there had succeeded in blocking a rebel advance that could have had “appalling consequences.”

At the same time, an Islamist leader in Mali said France had “opened the gates of hell” for all its citizens by intervening, reinforcing concerns that the far-flung military operation in Africa could inspire vengeance in mainland France.

French forces, Mr. Fabius said in a radio interview late Sunday, were now “taking care” of rear bases used by Islamists who took control of much of the north of the country last year after a military coup in the capital, Bamako. The duration of the French operation was “a question of weeks,” Mr. Fabius said, unlike the American-led military campaign in Afghanistan.

But within hours, reports began to emerge of a rebel counterattack in the small town of Diabaly — the first indication that the insurgents had regrouped after a wave of French airstrikes. The fighting in the town pitted rebels against government forces.

Reuters quoted residents and Malian military officials as saying that Islamists counterattacked after the insurgents infiltrated overnight across a river in small groups. The French defense minister, Jean-Yves Le Drian, said the rebels "took Diabaly after fierce fighting and resistance from the Malian Army that couldn’t hold them back.”

The setback for government forces seemed to embolden the rebels who had already struck a defiant postured on Monday.

Oumar Ould Hamaha, an insurgent leader, said the French intervention had “opened the gates of hell for all the French.”

He taunted French forces to launch a ground offensive, saying French warplanes had bombed from high altitude. “Let them come down onto the ground, if they are men,” he said. “We will greet them with open arms.”

France, he told Europe 1 radio, “has fallen into a trap which is much more dangerous than Iraq, Afghanistan or Somalia. And that is only the beginning.”

The French intervention began on Friday and continued over the weekend. French airstrikes appeared to have halted an Islamist rebel advance, as West African nations authorized what they said would be a faster deployment of troops in support of the weak government.

French aircraft dropped bombs and fired rockets from helicopter gunships and jet fighters after the Islamists, who already control the north of Mali, pressed southward and overran the village of Konna, which had been the de facto line of government control.

The French struck two columns of Islamist fighters, the French Defense Ministry said. The first was in and around Konna, driving out the rebels from the village, and the second was across a river, heading south toward the southern Mali town of Ségou, north of Bamako.

On Sunday evening, French jets attacked the northern town of Gao, an insurgent stronghold.

Abdheramane Oumarou, a local counselor in Gao reached late Sunday after a day of French airstrikes, said: “We are in the best of all possible worlds. The planes have been circling Gao since five this morning. All the of the sites they targeted, they hit. The airport. The warehouses, they destroyed them. These were all sites occupied by the Islamists, and they have been totally destroyed.”

“The Islamists are in hiding. There were many dead,” he said. For the first time since the insurgents overran the town last year, “the population of Gao will sleep soundly, and will even snore.”

Despite concerns that supporting France could provoke terrorist reprisals on its soil, Britain announced late on Saturday that it would help to transport foreign troops and equipment to Mali, though would not send its own soldiers to fight. Two British military transport planes were expected to head for Mali on Monday with equipment including French armored vehicles from a base in Normandy, the British Defense Ministry said.

“There is a very dangerous Islamist regime allied to Al Qaeda in control of the north of that country,” Prime Minister David Cameron said on Monday. “It was threatening the south of that country and we should support the action that the French have taken.”

“So we were first out of the blocks, as it were, to say to the French, ‘We’ll help you, we’ll work with you and we’ll share what intelligence we have with you and try to help you with what you are doing,’” Mr. Cameron told the BBC in a radio interview.

Foreign Minister Fabius said the military effort had three goals: to “block the advance of the terrorists, which is done,” to restore Mali’s territorial integrity “which will take more time,” and to secure the implementation of United Nations Security Council resolutions on the Mali crisis.

“If France had not intervened,” he said, the rebels “could have reached Bamako, with appalling consequences” not only for the Malian population but also for the 6,000 French and other Western citizens living in the capital of the former French colony.

Mr. Le Drian, the defense minister, said Sunday that the rebels could have reached Bamako in “three or four days” if France had not intervened.

"We will strengthen our operation depending on the situation," he said on a political talk show.

France now has more than 400 troops in Bamako, mainly to ensure the safety of French citizens and to send a signal to the Islamists, out of a total of 550 troops in Mali. The others, including some special forces, are in the town of Mopti in the south. It has also deployed Rafale jet fighters to attack rebel positions.

A French analyst, who is briefed on the situation but declined to be identified by name, said France believed the United States would deliver on promises of in-flight refueling the air campaign, logistical support and reconnaissance.

The analyst said the dilemma facing French forces is now whether to maintain a United Nations schedule for West African and Malian troops to seek to recapture the north in the fall after seasonal rains, “which given the current dynamic seems hard to imagine” or to “speed things up and try to clear the north in the next eight weeks” before the rainy season.

That could extend the duration of the French intervention, the analyst said.

Steven Erlanger reported from Paris, Adam Nossiter from Bamako, Mali, and Alan Cowell from London.

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