New California legislators get a warm welcome — from lobbyists

SACRAMENTO — The day after being elected to the state Assembly, several incoming lawmakers were in AT&T's luxury suite at the Sacramento sports arena, watching the Kings with the company's top Capitol executive.

The next day, the California Dental Assn. feted the state's freshman legislators. That was before more than 20 legislators jetted off to Hawaii, China, Brazil, New Zealand and other locales — with some trips paid for in large part by healthcare, energy and communications companies.

"It's the start of lobbyists inculcating them, saying 'Hey guys, line up and receive your gifts,' " said Bob Stern, former chief counsel to the state Fair Political Practices Commission.

It's a new day in Sacramento, with one of the largest-ever freshman classes elected in districts drawn for the first time by an independent, bipartisan commission.

And the lobbying campaign to shape their minds has begun.

The intent of the redistricting — as well as a rule change that allows lawmakers to serve up to 12 years in either legislative house — was to make the Capitol more accountable. In theory, the changes would reduce the influence of lobbyists and give lawmakers more time to gain expertise and independence.

But old traditions die hard.

Following the example of veteran legislative leaders, including Assembly Speaker John Pérez (D-Los Angeles), more than a dozen Democratic freshmen headed off to AT&T's suite at the Sleep Train Arena.

Lawmakers are not allowed to take more than $420 in gifts per year, and they are supposed to report what they receive. But sidestepping the rules is hardly a challenge.

The freshmen who joined Pérez didn't have to report the value of their tickets because the gathering was hosted by the state Democratic Party.

Jose Medina, a newly elected assemblyman from Riverside, said the event was totally appropriate. Spending time with lobbyists is "part of my job,'' he said.

"At the end of the day, I'll make my decision based on what is best for the people I represent," he said.

Jim Frazier, a freshman assemblyman from Oakley, called the evening "a great opportunity to start meeting the people who worked so hard to represent their districts."

Other freshman Democrats in the suite included Ken Cooley of Rancho Cordova, Marc Levine of San Rafael, Phil Ting of San Francisco, Kevin Mullin of South San Francisco, Rudy Salas of Bakersfield, Bill Quirk of Hayward and Reggie Jones-Sawyer of Los Angeles.

Jones-Sawyer was one of 15 legislators who flew a few days later to Maui for a five-day conference at the Fairmont Kea Lani organized by the California Independent Voter Project.

The group, which paid some of the legislators' travel expenses, has been funded over the years by tobacco giant Altria Group Inc., Southern California Edison, Eli Lilly & Co., Pacific Gas & Electric Co., the California Beer & Beverage Distributors, the Pharmaceutical Research and Manufacturers Assn., Chevron Corp. and the state prison guards union.

In between rounds of golf and poolside lounging, the sponsors talked with lawmakers.

"I was learning about the issues," said Jones-Sawyer, the only freshman on the trip. "There were some things I didn't know — such as how businesses really need help to flourish here in California."

Phillip Ung, an advocate with California Common Cause, said he found the explanations bewildering.

"They have obviously convinced themselves that the people's business is best solved poolside with mai tais in hand," he said. "Congress banned this type of travel years ago."

Other lawmakers went to China, Australia, New Zealand or Brazil this month, in some cases paid for by special interests.

Those in Brazil were sponsored by the California Foundation on the Environment and the Economy, which is bankrolled by Chevron, PG&E, the International Brotherhood of Electrical Workers and Southern California Edison, among others.

The sponsors sent representatives to accompany Assemblyman Steven Bradford (D-Gardena), who is chairman of the Assembly Utilities and Commerce Committee, as well as Sens. Anthony Cannella (R-Ceres), Mimi Walters (R-Laguna Niguel), Bill Emmerson (R-Hemet) and Michael Rubio (D-East Bakersfield).

The group paid for airfare, hotels, meals and ground transportation, said P.J. Johnston, a spokesman for the nonprofit foundation.

The lawmakers were there to meet with government and business leaders in Brazil to discuss reducing pollution, setting low-carbon fuel standards, transportation projects and other issues, Johnston said.

"Brazil provides real-world insight into issues California's decision-makers are grappling with, putting them in a larger perspective and offering lessons learned from a country with a rich history of challenges and successes in these areas," he said.

patrick.mcgreevy@latimes.com

Times staff writer Anthony York contributed to this report.

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Amazon Kindle Fire HD 8.9 is Good, But No iPad Killer [REVIEW]

Unboxing the Kindle Fire HD 8.9

Click here to view this gallery.

[More from Mashable: Apple Now Owns the iMessage Name]

Amazon expands its tablet sights with the bigger, more powerful Kindle Fire HD 8.9. Can it compete against Apple‘s iPad?

If there’s one company that deserves credit for reigniting the iPad competitor market, it’s Amazon. Despite some bugs and an overall blah design, its 7-inch Kindle Fire was the first Android tablet that made sense to consumers who gobbled it up to help the Fire grab 50% of the Android tablet market in just 6 months.

[More from Mashable: 9 Black Friday Deals For iPhone Owners]

That tablet essentially opened the flood gates for a new set of ever-more-powerful 7-inchers from, notably, Barnes & Noble and Google. All three companies have already updated their 7-inch offerings to more powerful components and higher-resolutions screens. They’re all still running Android, though Amazon and Barnes & Noble choose to hide the Google OS behind smarter and much more consumer-friendly interfaces.

All this led Apple to finally enter the mid-sized tablet space with the iPad Mini. It’s easily the best-looking tablet of the bunch, but also $ 120 more expensive than its nearest competitor.

The more interesting development, though, is Amazon‘s (and Barnes & Noble‘s) decision to go toe-to-toe with Apple’s full-size iPad and launch the Amazon Kindle Fire HD 8.9 (in 4G LTE and WiFi-only). The move is akin to a middle weight boxer putting on the pounds to take on the Heavyweight world champion. Amazon’s Kindle Fire HD is slightly smaller (the iPad is 9.7-inches), lighter (567g vs. 625g), cheaper ($ 369 for 32 GB model vs. $ 599 for the iPad 4th Gen — Amazon subsidizes with sleep-state ads, that I do not mind) and overall somewhat less powerful. In order to win the battle, the 8.9-inch Kindle Fire HD better be pretty nimble on its feet, while able to throw that all important knockout punch.

Short version of this story: the Kindle Fire HD 8.9 does some serious damage, but the iPad 4th Gen gets the decision and retains the tablet leader title.

The Kindle Fire HD 8.9 is by no means a failure. In many ways, it’s as good as the smaller Kindle Fire HD, but throughout my tests I noticed odd bugs and glitches (which should all be fixable by software) and a somewhat disturbing lack of power that’s especially obvious when you put the Fire HD 8.9 next to the iPad 4th Gen

What It Is

If you’ve never seen an iPad and someone handed you the Kindle Fire HD .9, you’d likely say its jet-black, soft-to-the-touch plastic body felt good in your hands and was more than effective at all the core tasks (reading, game playing, e-mail, web browsing).

Design-wise, the 8.9 device looks exactly like the 7-inch model, complete with the too-hard to find volume and power buttons. There are no other physical buttons on this device, but Amazon chooses to hide the few it has by making them the exact same color as the chassis and flush with the body. Every time I use the tablet I do the “where’s the damn button” dance, rotating the Kindle Fire HD round and round until I feel the buttons (since I can barely see them).

I have applauded Barnes & Noble for putting the physical “N” home button right on the face of their Nook HD. Bravo for having the guts to do this. Amazon apparently looks at Apple’s iPad home button and thinks to have anything similar would be seen as “copying” the Cupertino hardware giant, when instead they should realize that it works, consumers like it and tablets without it are at a distinct disadvantage.

Amazon’s interface has you make do with a virtual, slide-out home button that is always available. Problem is, I found times when it wasn’t available. When I played Spider-Man and Asphalt 7, the tiny little left-had bar would disappear and I couldn’t exit the game unless I hit the sleep/power button.

The rest of the Kindle Fire HD 8.9′s body is solid and unremarkable (if you read my Kindle fire HD 7 review, then you know exactly what to expect.). Like the iPad 4th Gen, the Kindle Fire HD 8.9 has a front-facing 720p-capable camera. It’s useful for capturing video, snapping 1 Megapixel images and, probably most important, Skype video chats. Skype has built a fairly sharp-looing Kindle Fire app, though the design doesn’t fully fit the larger 8.9-inch screen. Skype just updated its Android app for better tablet viewing and hopefully, we’ll see this update hit the Kindle Fire HD 8.9 as well.

The iPad also has an HD rear-facing camera. The Kindle fire HD 8.9 does not (Barnes & Noble leave out cameras altogether)

Not Packing a Punch

As a large-screen high-resolution tablet (though iPad’s 2048×1536 retina display beats it), the Kindle Fire HD 8.9 offers plenty of attractive screen real estate for web browsing, book and magazine reading and games. But the results can be mixed. Silk, Amazon‘s custom web browser, was occasionally less than responsive and games, though, they ran well, never looked half as good as they do on the considerably more expensive iPad 4.

Granted, you can’t always find the same high-quality immersive action games on both Android and iOS, but Asphalt 7 Heat is a notable exception and it throws the performance differences between the two tablets into stark contrast. Game play is equally responsive on both platforms: the Kindle Fire HD 8.9’s accelerometer reads my moves just as well as the iPad.

The graphics on the Kindle Fire HD, however, are reduced to blobs and blocks (palm trees without distinct leaves, buildings without discernible windows) . The iPad’s quad-core graphics simply overmatch the Kindle Fire. I have never, for example, seen an iPad draw the game as I was playing, as I did when I tried out The Amazing Spider-Man.

Additionally, I experienced more than my share of crashes with games and even magazine apps like Vanity Fair.

The Good

Not everyone, however, will compare the Kindle Fire HD 8.9 to the iPad. Some will see the $ 299 entry-level price point (for the 16 GB model) and appreciate the power, flexibility and utility of this device. Like all Fire’s before it, the Kindle Fire HD 8.9 makes it easy to consume mass quantities of content. Nearly every menu option: Games, Apps, Books, Music, Videos, Newsstand, puts you just one click away from shopping for fresh content. If you have an Amazon account (and who doesn’t) your desired book, music or movie is just a click away. Plus, you can still easily store any of it locally, and worry about running out of storage space, or in the cloud, and never worry about space or accessibility—you can get to that purchased Kindle content from any Kindle app or registered Amazon device.

Watching movies on the tablet is a pleasure. I streamed a couple through Amazon Prime; they looked good on the 1920 x 1200 screen and the Dolby Stereo speakers produced sharp, loud, almost room-filling sound—an impressive feat not even the iPad can match.

The Kindle Fire HD 8.9 also includes a mini-HDMI-out port, which prompted me to connect the tablet to my 47-inch LED HDTV so we could watch Disney’s Brave. Yes, I had to get up and tap on the Kindle screen each time I wanted to pause and restart the move, but otherwise, I was pretty impressed with how the Kindle handled the task.

Obviously I yearn for an Apple Airplay-like feature on Android tablets (rumor has it one is coming), but this is the next, best thing.

There isn’t a lot to say about the Kindle Fire HD 8.9-inch interface that I did not say in the Kindle Fire HD 7 review. I will note, however, that the increased real estate makes the trademark task carousel seem almost too big. Icons for everything from your recently played Spider-Man game to magazine apps, books and Web sites all sit side-by-side-by side. Some, like book covers, look gorgeous.

Others like a broken web-page link look stupid. Worse yet, none of them have labels, which can occasionally make it hard to identify which app or task you’re looking at. I’m just not sure this interface metaphor is sustainable.

Personally I prefer either the clean consistent look of iOS, or the uber-user friendly, family-oriented Nook HD profile-based one. Amazon may want to take a hard look at those and start over.

Staying Connected

The Kindle Fire HD 8.9 is also Amazon’s first cellular-based tablet. That fact puts it even more squarely in competition with the iPad (which obviously has always had 3G models and now offers blazing fast 4G LTE ones as well on all major carriers).

Amazon’s mobile broadband plans are a little more conservative, with just the AT&T 4G LTE option (the 32 GB 4G model that I tested lists for $ 499, which is still $ 224 less than a comparable iPad 4th Gen).

In my experience, the connectivity is superfast and fairly ubiquitous. Amazon‘s $ 49 (a year) flat fee plan is attractive, but with a cap of 250MB per month of data, it’s unlikely it will satisfy the most data-hungry users. If you do need more data, users can also get 3GB and 5GB data plans directly from AT&T on the device.

At press time, Amazon had not enabled streaming video over LTE. Having it sounds nice, but even with the most generous data plans, streaming video would eat it up faster than you can say, “I’m streaming Back to the Future in HD over 4G LTE on my Kindle fire HD!”

The reality for most users is that WiFi is plentiful and you’ll be hard pressed to find a spot where you can’t connect for free or a small one-off fee. It’s the reason Barnes & Noble’s line of HD Nooks do not include a cellular option.

Review continues after FreeTime Gallery

FreeTime

Kindle HD FreeTime Start

Click here to view this gallery.

Perhaps the best new addition to the Kindle Fire family is not a piece of hardware or new component, but the new FreeTime app. Amazon put a lot of loving care into this parental control interface, but almost mucks the whole thing up by hiding the tool under an app that you have to scroll down to (or search) to find. By contrast profiles and age and content controls are baked into the Barnes & Noble Nook HD in a way that makes them impossible to ignore.

Even so, once you do access FreeTime, I think you’ll be pleased with the level of control it gives you. I added test profiles for my two children and then hand-picked every app and piece of content they could access. I was also able to block broadband mobile and even set time limits for access to content and overall screen viewing time (on a per profile basis). The set-up is a bit wonky and it bizarrely switches between landscape and profile screens, but I still applaud the effort. It would make sense for Amazon to move FreeTime into a device set-up screen. If the user has no additional family members or kids using the device, they can easily skip it.

To Buy or Not to Buy

Amazon’s expansive content and shopping ecosystem has always been a strong draw and it’s just as good in this large screen tablet as it was in the very first Kindle Fire. Still, you have to compare it with the equally strong iOS ecosystem, which is no slouch in the content shopping department. Apple doesn’t connect you as seamlessly to physical products, but there’s nothing difficult about shopping on Amazon.com via your iPad. It’s also notable that tablet competitor Barnes & Noble has added movie and TV viewing, rental and purchase.

Ultimately, all of these tablets are offering more and more of the same content options, apps, and features. The decision will likely come down to price, app selection, interface and overall ease of use. The Amazon Kindle fire HD 8.9 scores well on all of these, but does not always lead.

For the price, it’s a great value, but I want Amazon to focus on hardware and interface design for the next big update. Then, they may get my full endorsement.

This story originally published on Mashable here.

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Chevy Chase is leaving NBC's sitcom 'Community'

LOS ANGELES (AP) — The NBC series "Community" will finish the season without Chevy Chase.

Sony Pictures Television said Wednesday that the actor is leaving the sitcom by mutual agreement with producers.

His immediate departure means he won't be included in the last episode or two of the show's 13-episode season, which is still in production.

Chase had a rocky tenure playing a bored and wealthy man who enrolls in community college. The actor publicly expressed unhappiness at working on a sitcom and feuded last year with the show's creator and former executive producer, Dan Harmon.

The fourth-season premiere of "Community" is Feb. 7, when it makes a delayed return to the 8 p.m. EST Thursday time slot. The show's ensemble cast includes Joel McHale and Donald Glover.

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Recipes for Health: Apple Pear Strudel — Recipes for Health

Andrew Scrivani for The New York Times

This strudel is made with phyllo dough. When I tested it the first time, I found that I had enough filling for two strudels. Rather than cut the amount of filling, I increased the number of strudels to 2, as this is a dessert you can assemble and keep, unbaked, in the freezer.

Filling for 2 strudels:

1/2 pound mixed dried fruit, like raisins, currants, chopped dried figs, chopped dried apricots, dried cranberries

1 1/2 pounds apples (3 large) (I recommend Braeburns), peeled, cored and cut in 1/2-inch dice

1 tablespoon fresh lemon juice

2 tablespoons unsalted butter for cooking the apples

1/4 cup (50 grams) brown sugar

1 teaspoon vanilla

1 teaspoon cinnamon

1/2 teaspoon freshly grated nutmeg

1/4 cup (30 grams) chopped or slivered almonds

3/4 pound (1 large or 2 small) ripe but firm pears, peeled, cored and cut in 1/2-inch dice

For each strudel:

8 sheets phyllo dough

7/8 cup (100 grams) almond powder, divided

1 1/2 ounces butter, melted, for brushing the phyllo

1. Preheat the oven to 375 degrees. Line 2 sheet pans with parchment.

2. Place the dried fruit in a bowl and pour on hot or boiling water to cover. Let sit 5 minutes, and drain. Toss the apples with the lemon juice.

3. Heat a large, heavy frying pan over high heat and add 2 tablespoons butter. Wait until it becomes light brown and carefully add the apples and the sugar. Do not add the apples until the pan and the butter are hot enough, or they won’t sear properly and retain their juice. But be careful when you add them so that the hot butter doesn’t splatter. When the apples are brown on one side, add the vanilla, cinnamon, nutmeg and almonds, flip the apples and continue to sauté until golden brown, about 5 to 7 minutes. Stir in the pears and dried fruit, then scrape out onto one of the lined sheet pans and allow to cool completely. Divide into two equal portions (easiest to do this if you weigh it).

4. Place 8 sheets of phyllo dough on your work surface. Cover with a dish towel and place another, damp dish towel on top of the first towel. Place a sheet of parchment on your work surface horizontally, with the long edge close to you. Lay a sheet of phyllo dough on the parchment. Brush lightly with butter and top with the next sheet. Continue to layer all eight sheets, brushing each one with butter before topping with the next one.

5. Brush the top sheet of phyllo dough with butter. Sprinkle on half of the almond powder (50 grams). With the other half, create a line 3 inches from the base of the dough, leaving a 2 1/2-inch margin on the sides. Top this line with one portion of the fruit mixture. Fold the bottom edge of the phyllo up over the filling, then fold the ends over and roll up like a burrito. Using the parchment paper to help you, lift the strudel and place it on the other parchment-lined baking sheet. Brush with butter and make 3 or 4 slits on the diagonal along the length of the strudel. Repeat with the other sheets of phyllo to make a second strudel. If you are freezing one of them, double-wrap tightly in plastic.

6. Place the strudel in the oven and bake 20 minutes. Remove from the oven, brush again with butter, rotate the pan and return to the oven. Continue to bake for another 20 to 25 minutes, or until golden brown. Remove from the heat and allow to cool for at least 15 minutes. Serve warm or room temperature.

Yield: 2 strudels, each serving 8

Advance preparation: The fruit filling will keep for a couple of days in the refrigerator. The strudel can be baked a few hours before serving it. Recrisp in a medium oven for 10 minutes. It can also be frozen before baking, double-wrapped in plastic. Transfer directly from the freezer to the oven and add 10 minutes to the baking time.

Nutritional information per serving: 259 calories; 13 grams fat; 4 grams saturated fat; 3 grams polyunsaturated fat; 5 grams monounsaturated fat; 15 milligrams cholesterol; 34 grams carbohydrates; 4 grams dietary fiber; 91 milligrams sodium; 4 grams protein

Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”

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Lake Tahoe ski resorts splurging on upgrades and expansions

The nation's ski industry suffered an epic wipeout last season, with the least snowfall in decades and one of the steepest drops in skier visits on record.

But instead of retrenching, resort owners are opening their wallets wide on upgrades and expansions.

One of the biggest jumps in spending is taking place at the snow-covered peaks around Lake Tahoe, where resorts are in the midst of a spending splurge of more than $100 million over the next five years.

The flurry of spending began two years ago and includes a newly built on-mountain lodge at Northstar California and a mile-long terrain park at Alpine Meadows, plus new lifts and upgrades to snow-making equipment at several resorts. The Olympic House lodge at Squaw Valley resembled a tired, aging casino before it recently underwent a $2-million face-lift.

"We are putting our shoulder into this," said Andy Wirth, president and chief executive at Squaw Valley. "We know that last year was an anomaly."

Video chat: Tahoe ski resorts get a makeover

Although the nation's ski mountains enjoyed bountiful snowfall in the 2010-11 season, last year they suffered the lowest snowfall in 20 years, forcing half of resorts to either open late or close early. They drew only 51 million skier and snowboarder visits, a 15.8% decline from the previous season, the second-biggest year-over-year decline on record, according to the National Ski Areas Assn., a trade group for resort operators.

"We know the snow is going to come back, and we want to be ready and not have to play catch up," said Nadia Guerriero, general manager of the Village at Northstar, who has managed a $3-million face-lift that includes new outdoor furniture, fire pits and a concert stage next to the village skating rink.

Most of the expenditures come from the deep pockets of two Colorado companies, Vail Resorts, which also owns and operates popular resorts in Colorado and Wyoming, and KSL Capital Partners, a private equity group in Denver. Combined, the two companies own or operate five of the biggest resorts around Lake Tahoe.

Despite erratic snow seasons, Vail Resorts and KSL say they are confident in the future of snow sports and see Lake Tahoe as an underdeveloped gem, in proximity to millions of potential resort visitors from the Bay Area, Sacramento and Southern California.

"Lake Tahoe is a place of unparalleled natural beauty with large, dynamic and successful markets in San Francisco, Sacramento and Reno," said Eric Resnick, a managing director at KSL. "We feel we have the ability to invest and upgrade the resorts and take full advantage of these assets."

Vail Resorts first moved into the Lake Tahoe area with the purchase of Heavenly ski resort in 2002. The company took over Northstar in 2010 and Kirkwood in February.

KSL acquired Squaw Valley ski resort in 2010 and took over Alpine Meadows in 2011, combining the operations to offer skiers 44 lifts and 270 trails on more than 6,000 acres of land.

For the last few years, Lake Tahoe resort owners have been discussing making a bid to host the 2022 Winter Olympics while making capital improvements crucial to winning over the International Olympic Committee, which chooses the host city for the Games.

But the U.S. Olympic Committee decided this summer that it would not bid on the 2022 games, opting instead to wait for the Summer Games of 2024 or Winter Olympics of 2026.

Even if Lake Tahoe doesn't host a Winter Olympics, Vail and KSL officials say they see the resort upgrades as smart investments sure to pay off in the long run.

Only a year after Vail Resorts spent $63 million to take over operations at Northstar in 2010, the company began to spend upward of $30 million for a new lodge with 700 seats for drinking and dining, a new high-speed chairlift and two intermediate trails on the backside of the mountain. Snowboarding legend Shaun White was even tapped to design a 22-foot halfpipe.

At the new Zephyr Lodge, which opened last December, Bill Rock, vice president and chief operating officer at Northstar California, pointed to the self-serve salad bar, the food counter that serves Asian fusion dishes and the wall of windows that look out on the snow-capped Sawtooth Ridge.

"Before we built this lodge there was no place to get food up here," he said. "Our guest survey scores have been going up ever since Vail Resorts came in."

Across the lake, Heavenly ski resort completed building a similar on-mountain lodge, Tamarack, in 2010.

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Supreme Court to hear California raisin growers' case

WASHINGTON — The Supreme Court agreed Tuesday to hear an appeal from Fresno raisin growers Marvin and Laura Horne, who contend that the federal marketing program that can take nearly half of their crop is unconstitutional.

Their case poses a significant challenge to the New Deal-era farm program that seeks to prop up prices by keeping part of the crop off the market.

It also raises questions about the limits of the government's power to regulate commerce, an issue that sharply divided the justices in the major healthcare overhaul case decided in June.

California produces 99.5% of the nation's raisins and about 40% of the world's supply, but the U.S. Department of Agriculture has a say on how some of the crop can be used.

Under the federal program, the USDA's raisin board seeks to maintain stable prices by setting aside some portion of the crop and keeping it off the market. Those raisins can be used in the federal school lunch program, but the growers are paid little or nothing for them.

Believing the scheme to be outdated and unfair, the Hornes joined with several other growers to evade the system and sell their raisins independently. They were hit with an order to pay a $483,843 civil fine.

They sued, but lost in the U.S. 9^th Circuit Court of Appeals. The judges said the Hornes should have filed a claim in a special claims court.

Over the objections of the Department of Agriculture, the high court said it would hear the growers' arguments that they were denied "just compensation" as required by the Constitution, making the program an illegal "taking" of private property.

California raisins were last before the court in the late 1990s in a dispute over marketing campaigns. Then, dissident growers were challenging the mandatory fees for generic ads, such as those depicting dancing raisins and a rendition of the song "I Heard It Through the Grapevine."

The new case arises from independent farmers who admitted that they spoke for only a "small part of the large raisin industry" in California.

The federal marketing order for raisins "extracts a hefty portion of a farmer's annual raisin crop as a condition" for selling the rest of it on the market, said the growers' appellate lawyer, Michael McConnell, a Stanford University law professor and former federal appeals court judge.

In 2003, when the case began, raisin handlers were required to set aside 47% of the crop, he said. The next year, the percentage dropped to 30%.

In those two years, the raisin board "determined that the compensation for the reserve-tonnage raisins should be set at precisely zero dollars," he said. The Hornes "received no compensation for the USDA's appropriation of almost one-third of their crop," he said.

In defense of the USDA, Solicitor Gen. Donald Verrilli Jr. had urged the court to steer clear of the case. The marketing orders apply to "handlers" of raisins, not to producers, he said.

The Hornes tried to play both roles by producing raisins and then marketing them, he said. They "cannot flout the raisin marketing order and then challenge the resulting monetary assessment on the ground that compensation might hypothetically be owed if they had complied," he said.

The case of Horne vs. USDA will come up for argument in March. While it could yield a narrow procedural ruling, it also could lead to a broader decision that will affect the many other agricultural marketing orders.

david.savage@latimes.com

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Microsoft vs. Google trial over patents finishes up

SEATTLE (Reuters) – A Google expert witness testified on Tuesday that Microsoft will make roughly $ 94 billion in revenue through 2017 from its Xbox game console and Surface tablet that use Google‘s patented wireless technology.

Michael Dansky, an expert for Google‘s Motorola Mobility unit, testified on the last day of a high stakes trial over patents between Microsoft and Google in Seattle. The $ 94 billion figure he cited also includes a wireless adapter that Microsoft no longer sells. It was not clear how far back he was counting past revenues.

Microsoft declined comment on the figure.

The week-long trial in a Seattle federal court examined how much of a royalty Microsoft Corp should pay Google Inc for a license to some of Motorola‘s patents. Google bought Motorola earlier this year for $ 12.5 billion, partly for its library of communications patents.

Motorola had sought up to $ 4 billion a year for its wireless and video patents, while Microsoft argues its rival deserves just over $ 1 million a year.

If U.S. District Judge James Robart decides Google deserves only a small royalty, then its Motorola patents would be a weaker bargaining chip for Google to negotiate licensing deals with rivals.

The rapid rise of smartphones has sparked an explosion of litigation between major players disputing ownership of the underlying technology and the design of handsets.

Apple Inc and Microsoft have been litigating in courts around the world against Google and partners like Samsung Electronics Co Ltd, which use the Android operating system on their mobile devices.

Apple contends that Android is basically a copy of its iOS smartphone software, and Microsoft holds patents that it contends cover a number of Android features.

In return, Motorola and some other Android hardware makers launched countering legal action.

Before trial, Robart said testimony about patent license agreements between Microsoft, Motorola and other tech companies could be disclosed to the public, along with other sensitive financial information.

However, the judge reversed himself this week and said he was bound by appellate precedent to keep that information secret. On Tuesday he cleared the courtroom and heard two hours of testimony in secret.

During the open session, Dansky said Motorola‘s video patents are crucial to Microsoft and other tech companies, and deserve a high royalty.

“You will have a difficult time selling smart phones or tablets,” Dansky said, without Motorola‘s technology.

Robart is not expected to release a ruling for several weeks as both companies must file further legal briefs.

The case in U.S. District Court, Western District of Washington is Microsoft Corp. vs. Motorola Inc., 10-cv-1823.

(Reporting by Lisa Dembiczak; Writing by Dan Levine; Editing by Richard Pullin)

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One Direction's 2nd CD hits No. 1, sells 540,000

NEW YORK (AP) — One Direction's "Take Me Home" is the taking the boys to the top of the charts — and to new heights.

The group's sophomore album has sold 540,000 in its first week, according to Nielsen SoundScan. It's the year's third-highest debut behind Taylor Swift's "Red," which sold 1.2 million units its first week earlier this month, and Mumford & Sons' "Babel," which sold more than 600,000 albums in September in its debut week.

"We just want to say a massive thanks to all the fans who have supported us," band member Harry Styles, 18, said in an interview Tuesday from London. "We can send tweets and thank them, but 140 characters is never going be enough to say how much it means."

The album also debuted at No. 1 in the United Kingdom this week and is No. 1 in more than 30 countries, Columbia Records said Wednesday. The fivesome's debut, "Up All Night," came in at No. 2 in the United Kingdom last year; it was just released in March in America, where it hit No. 1 and has achieved platinum status.

"We were a little bit nervous about how people were going to take it," 19-year-old Niall Horan said of the new album during tour rehearsals. "Everyone gets that second album syndrome."

They say though they're excited, they won't be celebrating too much: "We're finishing rehearsing soon and we're going home to bed."

One Direction, who placed third on the U.K. version of "The X Factor" in 2010, is signed to Simon Cowell's Syco label imprint. In just a year, the band has become worldwide sensations, thanks to its feverish fans. They released a book and have a 3D movie planned. They also made the cut for Barbara Walters' most fascinating people of 2012 list, which includes New Jersey Gov. Chris Christie and U.S. gold medalist Gabby Douglas.

One Direction says those experiences have helped the group mature.

"We've been working hard. We're starting to grow up," Horan said. "We're still young, but we've passed the initial teenage years. ...We've grown up quite quick in the job we have to do and we became a lot more independent."

The group — which includes Zayn Malik, Liam Payne and Louis Tomlinson — will launch a worldwide tour in February. They hope to work with Katy Perry and are still trying to adjust to the celebrity and fame that has taken over their lives.

"I can see how it gets to people. I guess it's quite easy to get wrapped up in it all," Styles said. "We do the same things every other lad our age does. We go out, we have fun, we meet girls and stuff like that. Sometimes it gets written about, which, yeah, we think about it and it's absolutely crazy. It's still a bit weird thinking that that's the way it is."

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Online:

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The New Old Age Blog: Patience, Consciousness and White Lies

My wife and I are blessed with having three “semi-independent” parents in their mid-80s living within a few blocks of us. Our children grew up knowing their grandparents as integral parts of our nuclear family, within walking distance for most of their childhoods. But now that our nest is empty, we find ourselves reliving many of the parenting issues we faced when our children were little — now in geriatric versions, at close range. As it turns out, parenting was good practice for the issues we face with our own parents.

What exactly does semi-independence mean as applied to elderly parents? Among our three, we have two canes, five walkers, one wheelchair (for long walks), four artificial joints, a pacemaker, four hearing aides and a knee brace. The list of medical conditions is long, and the list of medications even longer, requiring different color pill box organizers for morning, afternoon and evening.

Our parents all live in the same homes they have been in for many years. Keeping them safe and healthy there, as well as when they leave the house, has become a big part of our day-to-day work these days. Therein the yin and yang of parenting has returned — independence versus helicoptering.

Children’s yearning for independence begins in toddlerhood: “I can do it myself!” It escalates through childhood, accelerates with the driver’s license, and crescendos, with pomp and circumstance, at high school graduation.

The urge for independence is seen in all animal species, but relinquishing independence and accepting assistance in old age is unique to humans. For most elderly, it comes with a struggle, reflecting how hardwired our brains are for independence. The thought of getting in-home help is antithetical to our parents’ sense of self worth, exceeded only by the dread of leaving their homes for assisted living facilities. So, as tasks that were once mundane and automatic have become onerous and stressful for them, we attempt to foster autonomy while protecting them from harm, as we did with our children just a few short years ago.

Childproofing – Our home has again become hazardous, as have theirs. Furniture must be rearranged, booster seats placed on chairs to ease standing up, slippery rugs removed, lighting improved, bathrooms accessorized with handles and rails.

Dressing – Body shapes change in childhood and in old age. Our parents’ wardrobes, like those of our children’s before them, need frequent attention to preserve self-esteem. Their unwillingness to part with old clothes turns us into tailors. And, once again, we shop for slip-on sneakers with Velcro ties.

Driving – For our teens, driving was the symbolic liberation from childhood to young adulthood. For our parents, driving is the symbolic resistance to infirmity and old age. Our attempt to wean them from their cars, in precisely the reverse order we used to phase our teens into driving, has been torture for our parents and for us.

Toys – We have filled our parents’ shelves with new toys to help them with everything from opening cartons of milk (I would like a word with whoever designed those plastic pull loops) and zipping their clothes, to opening jars and removing the protective seals from over-the-counter medicines. A “picker-upper” device helps them avoid bending too low, and a key turner gives them leverage to open their door. Large digital clock faces, easy-to-read telephone keypads, and magnifying glasses keep them in touch with the world, and an e-mail printer keeps them in touch with their grandchildren.

Medicating – Filling those plastic pill box organizers with a week’s worth of medicines has become a personal barometer of competence for our parents, yet, as with our children when they were young, we feel compelled to oversee the dosing.

Mobility – Despite numerous falls, it was only with much teeth gnashing (or denture gnashing, as the case may be) that our mothers consented to use canes; more gnashing when canes gave way to walkers. For long walks, we hide the wheelchair half way there and back so the neighbors don’t see.

The more we do for our parents, the more frail and guilty they feel. Our efforts are sometimes resented. Helping them get in and out of the car, or bracing them under the arm as they negotiate a bumpy sidewalk, can be an affront. “I can do it myself!”

Can I ride my bike to tennis practice if I’m really careful crossing Holly Street? Why can’t I take a cab home from the seniors program at the community center? Can I walk to grandma’s by myself this time? Can I take the bus to the supermarket today? Everyone is hanging out at the park after school, can I go? I’ll just walk down the block to the neighbor’s house this afternoon, O.K.?

What wisdom did we gain the first time around to help us now? Patience, consciousness and white lies.

Patience to wait for them to come to the same conclusions we did. Mom, do you think Rosalind would have fallen and broken both wrists if she had been using a walker?

Consciousness about their need for independence as ballast to our need for their well-being. Why don’t you just let us drive you at night for now?

And white lies: I’m going to the supermarket anyway, we can shop together.

The longer we can protect our parents from harm, the more we can share our lives with them and the more joy they can have from their grandchildren. The trick is doing it without hurting them in other ways.

We have been through this before. It was worth it then, and it is worth it now.

Dr. Harley A. Rotbart is professor and vice chairman of pediatrics at the University of Colorado School of Medicine and the author of “No Regrets Parenting.”

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Avoiding the 'fiscal cliff' but falling anyway

It would be bad enough if the purveyors of economic and fiscal misdirection had done no more than describe a certain event looming at the end of this year as the "fiscal cliff."

The imagery evokes an elemental crisis that can be avoided only by the heroic efforts of our statesmen in Washington. But in fact it's entirely their creation. The automatic tax increases and deep spending cuts could be avoided by the stroke of a pen.

But they haven't stopped with merely applying a misleading label. They've aimed their rescue efforts at fiscal nostrums that do nothing to address the truly urgent economic issues facing American workers and businesses today. They've confined the discussion of tax reform to tweaks that will leave virtually intact the most important tax break for the wealthy (the preferential treatment of investment income), while turning their gun sights on government programs that keep millions of Americans healthy and out of poverty (think Medicare and Social Security).

Make no mistake: The valiant budget negotiators at work in Congress and the White House are mapping out a plan for economic austerity under the guise of "getting our house in order." This is despite blindingly obvious evidence that what's needed in the U.S. today is the opposite — more stimulus to jump-start job creation, and more spending on infrastructure from roads and bridges to communications and electrical grids.

Do you doubt that? Then look at the paragon of post-crash austerity: Europe. Harsh budget cuts in Greece, Spain, Portugal and Italy, along with austere fiscal regimes in France and Britain, have pushed the Eurozone back into recession.

Quiz: How much do you know about the 'fiscal cliff'?

American policymakers are still talking about budget-cutting as some sort of moral imperative. Who benefits from this sort of willful blindness? Not the average job-seeking American. Most of the pain from this new regime will be inflicted on the middle class and working class.

President Obama has declared himself determined to increase the share of taxes paid by the wealthy. But he has also hinted that he might be amenable to proposals to raise taxes by ratcheting back certain deductions, such as those for mortgage interest and employer-provided health insurance.

Tellingly, one of the most important tax breaks for the wealthy never seems to be on the table: the preferential low tax rate on long-term capital gains (on assets held at least one year) and some other investment income. It's currently 15% but scheduled to rise to 20% if the Bush tax cuts expire. Meanwhile, taxpayers who file as married couples are paying more than 20% on every dollar of wage income they report over about $79,000 this year.

If you want to know why eliminating the capital gains preference is so seldom mentioned, it's because it's cherished by the wealthy more than any other break. In 2011, capital income accounted for about 42% of all income collected by taxpayers earning more than $1 million, who receive two-thirds of the benefit of the cap gains tax break. For those earning between $75,000 and $100,000, capital income accounts for a measly 2.3% of earnings.

Despite the cost of this giveaway — it will be worth $440 billion over the next five years — the deficit warriors in Washington are intent on cutting Social Security and Medicare. That's the aim of such bogus grass-roots Washington organizations as Fix the Debt and the Third Way, which agitate to pare "entitlement" benefits crucial for the middle and working class by cutting inflation adjustments and raising retirement ages.

Both of those organizations are connected to the hedge fund billionaire Peter G. Peterson, whose fiscal philosophy, characterized by hostility to those social welfare programs, has exerted outsized influence on the fiscal cliff debate.

The shibboleth that gives urgency to the fiscal cliff talks is the idea that only tax increases and spending cuts can rescue the U.S. from unsustainable deficits. "You can't grow your way out of this," former Sen. Alan Simpson, the Wyoming Republican appointed by President Obama as co-chair of his 2010 deficit commission, said on CNBC recently.

That sounds suitably admonitory, but it's not quite true. The vast bulk of today's deficits are not structural but cyclical — the result of spending designed to address the financial crisis and the Great Recession, the effects of which are still with us.

History shows that economic growth can do wonders to reduce government deficits and debt. The national debt as a ratio of GDP peaked at 120% in 1947, reflecting wartime spending. By 1958 that ratio had been cut in half, and by the end of the '60s by nearly half again.

Indeed, economic growth in recent quarters already has cut into the deficit as a share of GDP, bringing it down from 10%, the level it reached in the aftermath of the 2008 crash, to about 7% today. The Office of Management and Budget projects that the ratio will fall further, to about 3.2% by 2015, based on the assumption that the Bush tax cuts will expire, emergency spending will ebb, and the economy will be about 20% larger than it is today (not an unreasonable projection, providing that growth isn't strangled by spending cuts already on the table).

Such a trend line "would likely calm widespread fears of a 'fiscal crisis,'" economist James W. Paulsen, chief investment strategist at San Francisco-based Wells Capital Management, wrote recently. "Perhaps we do not need any Grand Bargain."

So what's the proper course for economic policy in the near term?

The economic record tells us that higher marginal tax rates on the wealthy have no correlation with lower economic growth. As a recent study of 65 years of data by the Congressional Research Service concluded, "The top tax rates have little or no relation to the size of the economic pie."

On the other hand, spending cuts imposed during slumps do have a direct effect on the economy — they're like sand in the gears of recovery. That's the signal from Europe about the consequences of austerity, reinforced by the fragility of an American recovery insufficiently supported by government.

Yet the budget-cutting juggernaut rolls on, apparently on the principle that if you're going to extract higher taxes from the wealthy, you have to offer in return more "sacrifices" from retirees living on Social Security, less healthcare for seniors, more transfers of crucial programs from the federal government to already strapped states and municipalities.

The Europeans must be witnessing the jockeying over the fiscal cliff with both horror and relief — horror that the U.S. is toying with falling down the same abyss as they have, and relief that they may not be down there by themselves much longer.

Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.

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