Country singer Tate Stevens wins Fox's 'X Factor'


NEW YORK (AP) — Tate Stevens, who was mentored by music exec L.A. Reid on the second season of "The X Factor," has won the Fox singing competition.


The 37-year-old country singer from Belton, Mo., beat runner-up Carly Rose Sonenclar, a 13-year-old schoolgirl from Westchester, N.Y., and teenage girl group Fifth Harmony on the finale that aired live Thursday night.


Stevens wins a $5 million recording contract.


More than 35 million votes were cast by viewers after Wednesday's performance show.


Besides Reid, judges this season included Demi Lovato, Britney Spears and series creator Simon Cowell.


Thursday's show was also the grand finale for Reid. Earlier this month, he said he wouldn't be returning to "The X Factor" next year. No replacement has been announced.


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Stigma Fading, Marijuana Common in California


Jim Wilson/The New York Times


At a San Francisco concert in 2010, marijuana use was general while signatures were collected for a measure to decriminalize it.







LOS ANGELES — Let Colorado and Washington be the marijuana trailblazers. Let them struggle with the messy details of what it means to actually legalize the drug. Marijuana is, as a practical matter, already legal in much of California.




No matter that its recreational use remains technically against the law. Marijuana has, in many parts of this state, become the equivalent of a beer in a paper bag on the streets of Greenwich Village. It is losing whatever stigma it ever had and still has in many parts of the country, including New York City, where the kind of open marijuana use that is common here would attract the attention of any passing law officer.


“It’s shocking, from my perspective, the number of people that we all know who are recreational marijuana users,” said Gavin Newsom, the lieutenant governor. “These are incredibly upstanding citizens: Leaders in our community, and exceptional people. Increasingly, people are willing to share how they use it and not be ashamed of it.”


Marijuana can be smelled in suburban backyards in neighborhoods from Hollywood to Topanga Canyon as dusk falls — what in other places is known as the cocktail hour — often wafting in from three sides. In some homes in Beverly Hills and San Francisco, it is offered at the start of a dinner party with the customary ease of a host offering a chilled Bombay Sapphire martini.


Lighting up a cigarette (the tobacco kind) can get you booted from many venues in this rigorously antitobacco state. But no one seemed to mind as marijuana smoke filled the air at an outdoor concert at the Hollywood Bowl in September or even in the much more intimate, enclosed atmosphere of the Troubadour in West Hollywood during a Mountain Goats concert last week.


Arnold Schwarzenegger, the former Republican governor, ticked off the acceptance of open marijuana smoking in a list of reasons he thought Venice was such a wonderful place for his morning bicycle rides. With so many people smoking in so many places, he said in an interview this year, there was no reason to light up one’s own joint.


“You just inhale, and you live off everyone else,” said Mr. Schwarzenegger, who as governor signed a law decriminalizing possession of small amounts of marijuana.


Some Californians react disdainfully to anyone from out of state who still harbors illicit associations with the drug. Bill Maher, the television host, was speaking about the prevalence of marijuana smoking at dinner parties hosted by Sue Mengers, a retired Hollywood agent famous for her high-powered gatherings of actors and journalists, in an interview after her death last year. “I used to bring her pot,” he said. “And I wasn’t the only one.”


When a reporter sought to ascertain whether this was an on-the-record conversation, Mr. Maher responded tartly: “Where do you think you are? This is California in the year 2011.”


John Burton, the state Democratic chairman, said he recalled an era when the drug was stigmatized under tough antidrug laws. He called the changes in thinking toward marijuana one of the two most striking shifts in public attitude he had seen in 40 years here (the other was gay rights).


“I can remember when your second conviction of having a single marijuana cigarette would get you two to 20 in San Quentin,” he said.


In a Field Poll of California voters conducted in October 2010, 47 percent of respondents said they had smoked marijuana at least once, and 50 percent said it should be legalized. The poll was taken shortly before Californians voted down, by a narrow margin, an initiative to decriminalize marijuana.


“In a Republican year, the legalization came within two points,” said Chris Lehane, a Democratic consultant who worked on the campaign in favor of the initiative. He said that was evidence of the “fact that the public has evolved on the issue and is ahead of the pols.”


A study by the California Office of Traffic Safety last month found that motorists were more likely to be driving under the influence of marijuana than under the influence of alcohol.


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Hedge fund manager alleges Herbalife is 'pyramid scheme'









Herbalife Ltd. is girding for a fight against a Wall Street money man who's betting $1 billion that the company is nothing more than what he called a "pyramid scheme."


The Los Angeles maker of nutritional products rushed to defend itself Thursday against a hedge fund manager's accusation.


Hedge fund titan Bill Ackman accused Herbalife of paying its sales staff far more money to recruit new distributors than to actually sell its products.





That results in the roughly 2.6 million distributors at the bottom of the sales pyramid making little or no income, while a handful at the top hauls in millions, he said.


"This is the best-managed pyramid scheme in the history of the world," Ackman said.


The company denied the allegation and accused Ackman of trying to manipulate the stock. Herbalife shares slumped 10% on Thursday and are off 21% in the two days since Ackman announced that the company is in his sights.


"Today's presentation was a malicious attack on our business model based largely on outdated, distorted and inaccurate information," Herbalife said in a statement. "We are not an illegal pyramid scheme."


Herbalife, which bills itself as a so-called multilevel marketer, has beaten back similar accusations in the past. But the company has rarely faced a nemesis such as Ackman.


The 46-year-old billionaire has fashioned a career on high-stakes gambits in controversial companies. His fund firm, Pershing Square Capital Management, manages $12 billion.


Showdowns between companies and skeptical investors historically play out behind closed doors, especially in the normally sleepy pre-holiday period.


But in a measure of the aggressive tactics favored by an emerging breed of activist investors, Ackman launched a public blitzkrieg Thursday. He gave a flashy multimedia presentation to a packed conference room in New York that was streamed live on the Internet.


"I've never seen anything quite like it," said Timothy Ramey, an analyst at D.A. Davidson & Co. "I've never seen an investor spend 31/2 hours of time at a major venue being webcast and then make TV appearances to make his point. It's the largest orchestrated bull or bear case that I've ever seen."


The brawl has potential repercussions for both sides.


Ackman claimed to have spent one year doing intensive research on Herbalife's operations, an unusually extended period given Wall Street's thirst for immediate results.


Earlier this year, Ackman began betting that Herbalife's stock would fall sharply.


His fund is "shorting" more than 20 million shares of the company. In a short sale, an investor borrows stock and sells it immediately, hoping to later buy the shares at a reduced price and return them to their actual owner.


Ackman promised to donate all profit from his Herbalife bet to charity, and portrayed his public diatribe as intended for the public good.


"I'm very fortunate to have the means to pursue this," he said. "I am independently wealthy. When I believe in something, I can say what I want and do what is right."


For Herbalife, the fight threatens to damage its credibility among investors who have always been sensitive to claims that its business is illegitimate.


Herbalife, which was founded in 1980, sells a line of diet powders, bars, drinks and vitamins through a network of independent distributors in more than 80 countries. The company reported sales of $3.5 billion in 2011.


Its chief executive, Michael O. Johnson, was the highest paid executive in the United States last year, hauling in more than $89 million in salary, exercised stock options and other compensation, according to GMI Ratings, a corporate governance firm.


The company has fought criticism of its business model throughout its existence.


In 2008, for example, self-proclaimed fraud buster Barry Minkow shorted Herbalife's stock and then accused the company of a host of misdeeds. The company survived those accusations and Minkow ultimately went to prison on unrelated charges.


This was the second time this year that investors punished Herbalife because of questions about its business practices. Herbalife shares fell 20% in May after hedge fund operator David Einhorn asked pointed questions during an earnings call.


"We operate at the highest ethical and quality standards, and our management and our board are constantly reviewing our business practices and products," Herbalife said. "We also hire independent, outside experts to ensure our operations are in full compliance with laws and regulations."


Ackman and Herbalife engaged in a bitter and bizarre war of words, with Johnson saying the United States will "be better when Bill Ackman is gone."


Ackman interpreted the statement as a threat and said he has hired a security firm to protect him.


stuart.pfeifer@latimes.com


walter.hamilton@latimes.com





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$66M Kinkade estate dispute secretly settled


SAN JOSE, Calif. (AP) — Thomas Kinkade's widow and girlfriend have reached a settlement after a dispute over the late artist's $66 million estate, their attorneys said Wednesday.


The San Jose Mercury News reports (http://bit.ly/Wq5kti ) that counsel for Nanette Kinkade and his girlfriend Amy Pinto announced the settlement but wouldn't provide further details, leaving it unclear who will inherit Kinkade's San Francisco Bay area mansion and his warehouse of paintings.


In a statement, they said the women kept Kinkade's message of "love, spirituality and optimism" in their amicable resolution.


The dispute went public after the 54-year-old artist died April 6 from an accidental overdose of alcohol and prescription tranquilizers.


Pinto, who began dating Kinkade six months after his marriage of 28 years imploded, claimed Kinkade wrote two notes bequeathing her his mansion and $10 million to establish a museum of his paintings. Her lawyers filed court papers stating that she and Kinkade had planned to marry as soon as his divorce went through.


Nanette Kinkade disputed those claims and sought full control of the estate. She portrayed Pinto in court papers as a gold-digger who is trying to cheat the artist's rightful heirs.


Kinkade, the self-described "Painter of Light," was known for sentimental scenes of country gardens and pastoral landscapes. His work led to a commercial empire of franchised galleries, reproduced artwork and spin-off products that was said to fetch some $100 million each year in sales.


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The New Old Age Blog: After Storm, 'Friends' Rescue a Caregiver

Tales of Hurricane Sandy survival will likely emerge for years — particularly about the sick and elderly who were trapped in their homes or forced to evacuate under harrowing circumstances. Many of those stories have happy endings, like this one of social media and neighborliness I recently heard.

It is about two ailing 90-year-olds who, because of social media, formal and informal, and the ingenuity of one of their daughters, were located amid the rubble of Long Beach, N.Y., after the storm’s initial fury, and in short order gained admission to one of the few elder care facilities in the region that could meet their divergent needs.

“The pluses of social networking really come into play in a situation like this,’’ said Alice, 66, the couple’s daughter, a social worker for senior services in the office of a New York State senator who found herself almost as flummoxed as a nonprofessional when she needed help for her own parents. “More people are willing to help others than we think, but nobody is going to help if we don’t ask.’’

Alice’s social media search, first to locate her parents and then to find them a new home, began on a Facebook page for missing persons, one of many that sprang up after the storm. Long Beach, one of the hardest-hit areas, had no phones or power and was, for the most part, inaccessible. A Facebook page, Long Beach NY Hurricane Information, was meant to help residents find free hot food, a mobile medical van, somewhere to do laundry, revised school bus routes, lists of open stores, suggestions for good contractors, warning of price-gougers and, increasingly, share tales of recovery.

“I put up a post and sure enough some wonderful man from Brooklyn got back to me,’’ Alice said (we tell Alice’s story using only her first name to protect her parents’ privacy). The man had braved the miles of dark back roads to get to his own mother, who happened to live in the same co-op building as Alice’s parents.

He volunteered to check on the old couple and their home health aide on the third floor. Alice’s father, who has dementia, is incontinent and cannot walk because of a neurological condition, and her mother, who is deaf, suffers from depression, but by comparison is the “well spouse.’’

Their personal belongings were not destroyed, although her mother’s medical records were lost when her doctor’s office was damaged. But the old building would be uninhabitable for an indeterminate time, surely too long for a pair of 90-year-olds to ever return. Still, the information that they were O.K., coming from a total stranger, “provided a night of sleep I otherwise never would have had,’’ Alice said.

The next morning, she and her younger sister, Sharon, were able to get to Long Beach and tell their mother that the evacuation would be permanent. They brought the couple to Alice’s home in Queens for a few days, then to a nearby hotel and finally to a borrowed apartment in a neighboring building.

“It is so painful for them to be uprooted all of a sudden, at this age,’’ Alice said. “But in a way this may be one of those blessings in disguise. The way they were living, it was only after we actually had them with us that we realized my mother’s description of how things were going were not exactly accurate.’’

This is the case with many elderly parents, getting by in their own apartment and putting the best face on it lest their children tell them it is time to leave. So in the short window before she and her husband left for Chicago, and Thanksgiving with their own children and grandchildren, Alice had to set in motion the next step.

Her sister and brother-in-law on Long Island would keep an eye on the old couple in the short term. But the long-term solution, Alice said, with the clear-eyes that came from seeing others in this situation day-after-day, was a senior community where her father could live in the skilled nursing section and her mother in the less restrictive assisted living area. They would see each other as often as they wished, but each would get the correct level of care.

So before leaving for Chicago, using a more informal kind of social media, Alice e-mailed 40 friends — from her synagogue, her social work circle, her Rolodex of elder care lawyers and Medicare advocates. The e-blast was a plea for help.

“Each of you on this email know me personally,’’ she wrote. “As you all know, many years of my professional life have been dedicated to helping seniors . . . . Now I find myself in the position of needing help for my mom and dad.’’ She told them the story of her parents evacuation and how “exhausted and completely stressed’’ she and her sister and both of their husbands were. Now her “biggest hurdle was to find a place that can accommodate each of their needs.’’

She essentially asked this group to put on their thinking caps, and they did. Alice and her husband left for the holiday on a Monday. That Wednesday, the day before Thanksgiving, she got a phone call from an admissions person from exactly the kind of facility she needed, who had been contacted by her friends. Alice was told what kind of records she would need for their application. A plan was made to reconvene by telephone the Monday after Thanksgiving.

On Friday, Nov. 30, Alice and her sister toured the place. In that same blur of a week, the sisters took turns going to Long Beach to deal with their parents’ possessions. Alice’s mother slowly moved from reconciled to relieved. When it was time to tell Alice’s father “he went from sad and crying to angry at my sister and I for not being able to take them to live with either of us.’’

Through it all, Alice kept her e-mail committee up to date. She had crowd-sourced one of the hardest problems she would ever face. She had tapped the viral nature of hastily created Facebook pages, where strangers literally “friend’’ each other, and sent e-mail blasts to the kind of friends who take no offense at receiving the same message as a bunch of people they may or may not know.

In the “new old age,” this is one of many ways of doing what nobody really knows how to do. And in all likelihood, with the paperwork almost complete, Alice’s parents will have a new home for Christmas.


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UBS to pay $1.5 billion to settle Libor charges









UBS has agreed to pay a fine of $1.5 billion to authorities and plead guilty to a felony count of wire fraud, the most recent developments in a far-reaching probe into how banks manipulated interest rates leading up to the financial crisis.


Two former traders were also charged with conspiracy in a complaint unsealed Wednesday, the first people charged criminally in the Libor scandal.


"We cannot and we will not tolerate misconduct on Wall Street of the kind admitted to by UBS today and by Barclays last June," said Assistant Atty. Gen. Lanny Breuer, head of the criminal division. In June, Barclays was the first bank to settle with authorities, paying $450 million.





The fine was one of the biggest leveled against a financial institution by American and British authorities, just short of the $1.9-billion fine HSBC agreed to pay last week over money laundering allegations.


The charges relate to the ways traders leaned on banks to manipulate the London interbank offered rate, or Libor, to benefit their own trading positions.


Officials said that from 2006 through 2009 UBS traders placed bets on the movement of Libor and manipulated the rate, which is used as a benchmark to set interest rates for many mortgages, credit cards and other consumer lending instruments. The traders profited by knowing which way the Libor would move.


In coming months, the probe probably will expand to include other banks that help determine the Libor, analysts say. But it's the criminal charges that turned some heads on Wall Street on Wednesday.


The plea agreement on wire fraud charges by a UBS subsidiary in Japan, which included a $100-million fine, marks the first time since 2005 that a major financial institution has pleaded guilty to criminal charges, the Justice Department said.


"For a bank to admit to criminality is kind of mind-blowing," said Peter Shapiro, managing director of Swap Financial Group in South Orange, N.J. "Obviously, they didn't do that easily — that was something that must have been a big priority of enforcement agencies."


Enforcement agencies have been feeling some pressure to level blame on financial institutions in the wake of the financial crisis, Shapiro said. No senior financial executives have served jail time for their roles in the financial crisis.


"Both the regulators and enforcement agencies feel somewhat beleaguered by the repeated assertions that they failed to deliver enough heads on a plate as a response to the financial crisis," he said.


U.S. officials also announced criminal charges against two former senior traders for UBS in connection with the scandal. Tom Alexander William Hayes, 33, of Britain, was charged with conspiracy and wire fraud, and Roger Darin, 41, of Switzerland, was charged with conspiracy. Both remain abroad, but the Justice Department will try to extradite them.


"The motivation here was nothing short of sheer greed, and the scheme was nothing short of a shell game, a Wall Street version of three-card monte," said Kevin Perkins, associate director of the FBI, which helped investigate the case.


More criminal charges at other banks could follow, said Anthony Sabino, professor of law at the Tobin College of Business at St. John's University.


"Once you start to round up some accused bad guys, that leads to more people being rounded up," he said. "This is a vast conspiracy among a multitude of banks, which therefore implicates a multitude of individuals."


Much of the activity took place at UBS Japan Securities Co., where Hayes was a senior trader. The Justice Department released internal UBS messages in which Hayes and others talked about their alleged manipulation.


In one from November 2006, Hayes told a UBS employee who submitted rate information for the Libor that he and Darin "skew the Libors a bit" and then said he needed the six-month rate to stay high for three days.


UBS traders were often colorful and emphatic in their pleadings, according to documents released by Britain's Financial Services Authority. One wrote, "I need you to keep it as low as possible.... If you do that, I'll pay you, you know, $50,000, $100,000, whatever you want."


The UBS fine was larger than that leveled on Barclays earlier in the year because UBS' misconduct was "considerably more serious than Barclays' because it was more widespread within the firm," the Financial Services Authority said. At least 45 individuals at UBS were involved in or aware of the rate-fixing practice.


UBS said that it had fully cooperated with authorities and that the interest-rate manipulations were the isolated actions of certain employees.


"Their misconduct does not reflect the values of UBS nor the high ethical standards to which we hold every employee," UBS CEO Sergio Ermotti said in a statement.


Analysts say that there's still potential for significant civil suits against UBS and other banks, which could be more damaging than the fines levied against them. Keefe, Bruyette & Woods, an equity research firm, estimated in July that potential industry damages could reach $35 billion.


Those estimates were validated Wednesday when the Inspector General for the Federal Housing Finance Agency estimated that government-owned Fannie Mae and Freddie Mac may have lost a combined $3 billion because of reduced interest payments on securities and other holdings. Officials at FHFA, which regulates Fannie and Freddie, have not confirmed the estimate but are evaluating potential issues involved with the Libor manipulation.


There are barriers to further lawsuits — the burden of proof will be high, analysts at Keefe, Bruyette & Woods said. To move forward with civil suits, plaintiffs would have to prove that traders were conspiring, said John C. Coffee, a Columbia Law School expert in corporate fraud.


"But that said, the size of the potential liability is mushrooming," he said.


Times reporter E. Scott Reckard contributed to this report. Semuels reported from Los Angeles and Puzzanghera from Washington.





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Gun lobby's grip on Congress threatened









WASHINGTON — The gun-control debate sharpened Tuesday as President Obama backed an effort to revive the assault weapons ban spearheaded by California Sen. Dianne Feinstein, who is poised to have a powerful new role as the head of the Senate committee overseeing gun laws.


Calls for federal gun restrictions were mounting following last week's shooting at an elementary school in Newtown, Conn. — even from lawmakers who had rejected them in the past. The National Rifle Assn. and its allies have successfully kept such efforts at bay for years, but the slayings of 20 children have roiled the politics of gun control and now challenge the gun lobby's hold on Capitol Hill.


The NRA broke its four-day silence Tuesday, saying it "is prepared to offer meaningful contributions to help make sure this never happens again," but offered no details. The group plans to hold a news conference Friday.





The gun lobby faces a newly empowered opponent in Feinstein, a Democrat, who is in line to succeed Sen. Patrick J. Leahy (D-Vt.) as chairwoman of the Senate Judiciary Committee, with the power to call hearings and move new legislation.


Feinstein said Tuesday that on the first day of the next Congress she would introduce an updated version of the expired assault weapons ban that she helped pass in 1994. As drafted, the measure would ban the Bushmaster .223 rifle that Adam Lanza used in the Newtown slayings, which also left six school employees dead.


"This is an uphill climb," she said. "Sure, it's tough, but that doesn't mean we shouldn't try."


The issue is personal for Feinstein, who became mayor of San Francisco in 1978 after then-Mayor George Moscone and Supervisor Harvey Milk were shot to death at City Hall. A pen President Clinton used to sign the assault weapons ban hangs prominently in her Capitol Hill office.


Feinstein has the backing of Obama, who vowed Sunday in Newtown to harness the power of his office to try to prevent future massacres.


The president put little effort into gun legislation during his first four years in the White House, despite several mass shootings — including one in Tucson that left six people dead and 13 wounded. Then-Rep. Gabrielle Giffords, an Arizona Democrat, was shot in the head and nearly killed.


On Tuesday, spokesman Jay Carney said that Obama was "actively supportive" of Feinstein's effort to reinstate the assault weapons ban, which expired in 2004, and that he would back support legislation to tighten sales at gun shows.


An NRA spokesman declined to comment on the calls for gun control. But the group released a statement saying it was "shocked, saddened and heartbroken by the news of the horrific and senseless murders in Newtown."


"Out of respect for the families, and as a matter of common decency, we have given time for mourning, prayer and a full investigation of the facts before commenting," the statement continued.


The gun lobby's influence is renowned: It easily swept back efforts to toughen federal gun laws after the 2011 mass shooting in Tucson, as well as the July movie theater massacre in Aurora, Colo., that left 12 dead and dozens wounded. Much of the NRA's power stems from its relentless lobbying and an increasingly polarized House, which is controlled by the group's Republican allies.


Few doubt the NRA will wield substantial influence in the debate, joined by even more vociferous groups, such as Gun Owners of America, which sees the NRA as too willing to compromise.


Michael Hammond, legislative counsel for Gun Owners of America, said his group wouldn't retreat an inch from its opposition to restrictions, including a ban on high-capacity magazines like those used in Newtown.


"I think it's a horrible idea," he said, saying such magazines are valuable in self-defense. Lanza used magazines that held 30 rounds each.


Hammond noted that gun-rights supporters have faced hostile political environments in the past. After the 1999 shootings at Columbine High School that left 12 students, a teacher and two gunmen dead, he said, "things looked very bleak for the 2nd Amendment community." Despite the increase in public support for gun control at the time, his group and others turned back efforts to tighten gun laws.


Still, both allies and opponents say the gun lobby faces a much steeper fight this time. Those calling for tougher gun laws include longtime NRA allies, such as Sen. Joe Manchin III (D-W.Va.), who met Tuesday with Feinstein and spoke with Obama by phone.


Susan Ginsburg, who coordinated firearms policy at the Treasury Department during the Clinton administration, says she believes the Newtown massacre will lead to new gun restrictions.


"I don't think this is going to fade back into invisibility again," she said. "We seem to have turned a corner in which it's just not acceptable for children to be killed like that."





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Cassadee Pope wins Season 3 of 'The Voice'


NEW YORK (AP) — Cassadee Pope, who was country singer Blake Shelton's protege on the third season of NBC's "The Voice," has won the show's competition.


The 23-year-old singer is stepping out into a solo career after performing with a band called Hey Monday. Her victory over Scottish native Terry McDermott and long-bearded Nicholas David was announced at the end of a two-hour show Tuesday.


"The Voice" has grown into a hit for NBC and was the key factor in the network's surprising success this fall.


The show's status was affirmed by the stream of hitmakers who performed on the finale. They included Rihanna, Bruno Mars, the Killers, Smokey Robinson and Peter Frampton.


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The New Old Age Blog: Older People Become What They Think, Study Shows

All of us have beliefs — many of them subconscious, dating back to childhood — about what it means to get older. Psychologists call these “age stereotypes.” And, it turns out, they can have an important effect on seniors’ health.

When stereotypes are negative — when seniors are convinced becoming old means becoming useless, helpless or devalued — they are less likely to seek preventive medical care and die earlier, and more likely to suffer memory loss and poor physical functioning, a growing body of research shows.

When stereotypes are positive — when older adults view age as a time of wisdom, self-realization and satisfaction — results point in the other direction, toward a higher level of functioning. The latest report, in The Journal of the American Medical Association, suggests that seniors with this positive bias are 44 percent more likely to fully recover from a bout of disability.

For people who care about and interact with older people, the message is clear: your attitude counts because it can activate or potentially modify these deeply held age stereotypes.

The researcher who has done more than anyone else to advance our understanding of this is Becca Levy, an associate professor of epidemiology and psychology at Yale University.

In the mid-1990s, she began a series of experiments with older people in laboratory settings. The idea was to expose them subliminally to negative or positive stereotypes by flashing words associated with aging on a computer screen too fast for them to process consciously. Then these seniors were asked to perform a task.

Those exposed to negative words such as “decrepit” had poorer handwriting, slower walking speeds, higher levels of cardiovascular stress and a greater willingness to reject hypothetical medical interventions that could prolong their lives. Those primed with positive words such as “wisdom” did much better.

The experiments involved external stimuli, however, and Dr. Levy was interested in peoples’ subjective experience of older age. For that, she turned to a database of adults age 50 and older in Oxford, Ohio, who were followed for a period of 23 years, from 1975 to 1998.

Many had filled out questionnaires at the start of the study designed to elicit stereotypes about aging. This involved soliciting a “yes” or “no” answer to a series of statements like “things keep getting worse as I get older,” or “as you get older, you get less useful.”

When Dr. Levy looked at 660 participants, she found that those with positive age stereotypes lived 7.5 years longer than those with negative stereotypes. The research was published in The Journal of Personal and Social Psychology in 2002.

What might account for this finding? In her paper, Dr. Levy speculated that people with positive age stereotypes have a stronger will to live, and that this might affect their ability to adapt to the rigors of older age. Also, people with negative age stereotypes may have a heightened cardiovascular response to stress, with attendant ill health effects.

In other research using this data set, Dr. Levy established that people with positive age stereotypes were more likely to eat a balanced diet, exercise, limit their alcohol consumption, stop smoking and get regular physical exams, and that they had a higher level of physical functioning over time. Results were controlled for other factors like illness, gender, race and socioeconomic status.

In these papers, Dr. Levy hypothesized that positive age stereotypes are associated with a greater sense of control and that this enhanced seniors’ sense of self efficacy — their ability to remain captains of their own ship, as it were.

Her new findings about the impact of age stereotypes on older adults’ recovery from disability is an extension of this body of work. In this case, Dr. Levy and her co-authors followed 598 adults age 70 and older in New Haven, Conn., from 1998 to 2008. Disability was defined as needing help with basic activities of daily living like bathing, dressing and walking, and its onset was typically precipitated by an illness or injury.

Again, seniors with positive age stereotypes were much more likely to have good results and recover fully.

Dr. Marie Bernard, a geriatrician who serves as deputy director of the National Institute on Aging, said she found the report “quite intriguing” and that it confirmed her clinical observations in more than 30 years of medical practice. But she cautioned that it is a small study that needs to be replicated.

“What we really need to understand is the mechanism,” she said. “Is it something that is malleable and, if so, could we help people live longer, healthier lives?”

Researchers don’t have an answer to that yet. But many believe that part of the answer has to lie in tackling ageism – which is pervasive in our youth-oriented culture — early on, from earliest childhood.

“Even young kids have negative associations; they tell you that older adults are sick, slow, forgetful, no good,” said Dana Kotter-Gruehn, a visiting assistant professor in the department of psychology and neuroscience at Duke University.

Also generations need to be brought together so that “people can experience what it means to be an older person” and stereotypes can be dispelled, Dr. Kotter-Gruehn said. This has been shown to help change people’s stereotypes about race and homosexuality, she noted.

Closer to home, all of us who interact with older people can “think about how to reinforce the more positive aspects of aging,” Dr. Levy said.

“If all of us became a little more aware of the implications of our communications” — the tone of voice we use with seniors, the attitude we adopt, the use of loaded phrases or expressions, the extent to which we give older adults our full, undivided attention — “that would help quite a lot.”

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Instagram draws ire over new user rules









SAN FRANCISCO — When it comes to policy changes, Instagram could have used a filter of its own.


Its usually devoted users threatened to delete their accounts en masse Tuesday if the popular photo-sharing app did not roll back new terms of service that appeared to give the company ownership of their images. Instagram users — about 100 million now — snap the photos on their smartphones, apply digital filters to enhance the photos and then instantly share them with friends.


"Dear @Instagram, why did you think we'd just be OK with your new terms? They are NOT COOL. Signed, The Entire Internet," Jason Pollock, a Los Angeles filmmaker and social media consultant, wrote on Twitter.





Instagram founder Kevin Systrom tried to calm the uproar and reassure users in a blog post Tuesday afternoon.


"Instagram does not claim any ownership rights over your photos," he wrote. "We respect that your photos are your photos. Period."


Instagram's new terms of service announced Monday included a clause stating that Instagram had the right to turn images into advertisements without any approval from or compensation for users starting Jan. 16. — part of Facebook's drive to make money from the service it bought this year for $715 million in cash and stock.


That angered amateur and professional photographers alike — even Facebook Chief Executive Mark Zuckerberg's wedding photographer.


"Pro or not if a company wants to use your photos for advertising they need to TELL you and PAY you," Noah Kalina said on Twitter.


The effort to make money from Instagram users struck a nerve. According to the Pew Research Center's Internet & American Life Project, nearly half of Internet users post photos and videos online that they have created themselves.


Kurt Opsahl, a senior staff attorney with the Electronic Frontier Foundation, said Instagram quickly realized it had "overplayed its hand." But its mea culpa blog post still contains plenty of loopholes, he said.


"They say they don't have any plans to put your photos in an advertisement, but nevertheless that is the permission they were seeking," Opsahl said. "We will have to see what the language of the terms of service looks like after they revise it."


Jeff Lawrence, a 29-year-old DJ, graphic designer and photographer from Seattle, said he'll decide if he's dumping Instagram after he sees what the company plans to do in black and white.


"Thankfully we are all Internet savvy enough to know that people can say one thing and do another," said Lawrence, an avid Instagram user. "I am going to wait and see if Instagram takes this criticism to heart and changes the terms of service."


The backlash underscored the rising tensions between users of free social media services and the companies that are trying to profit from them. More users are asking for more control over how these companies handle their information.


Clayton Cubitt, 40, a photographer and filmmaker from Brooklyn, N.Y., quickly dubbed the new terms of service a "suicide note" from Instagram.


He urged his fellow Instagram users to revolt against the current policies at social media companies that he described as "you have a free place to post content and in exchange the company sucks the soul out of your life."


"They look at users as a herd to milk," Cubitt said.


His rants may have angered Zuckerberg, but Zuckerberg's sister Arielle Zuckerberg publicly "liked" Cubitt's Instagram snapshot of the most controversial part of Instagram's terms of service.


It's unclear if the Instagram backlash will cause lasting damage to the service.


Hacker collective Anonymous had urged its more than 780,000 Twitter followers to ditch Instagram with the hashtag #BoycottInstagram and posted screen shots from followers who had. The servers of Instaport.me, which helps users download their photos from Instagram, were overloaded Tuesday as Instagram users deleted their accounts and switched to other options such as Hipstamatic and Twitter's new photo service that has filters similar to Instagram. Yahoo said it has seen "strong interest" in its new Flickr app for iPhones.


Many Instagram users said they would give Instagram the benefit of the doubt — for now.


"I am going to rage about it, and get people to rage about it, until we change their policy," Pollock, 31, said in an interview. "There is just something so personal and beautiful about Instagram. Hopefully they don't completely ruin it."


jessica.guynn@latimes.com





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