Labor Relations Board Rulings Could Be Undone



By ruling that Mr. Obama’s three recess appointments last January were illegal, the federal appeals court ruling, if upheld, would leave the board with just one member, short of the quorum needed to issue any rulings. The Obama administration could appeal the court ruling, but no announcement was made on Friday.


If the Supreme Court were to uphold Friday’s ruling, issued by the United States Court of Appeals for the District of Columbia Circuit, it would mean that the labor board did not have a quorum since last January and that all its rulings since then should be nullified.


Many Republicans and business groups applauded Friday’s ruling. They often assert that the appointments Mr. Obama made to the board have transformed it into a tool of organized labor. But many Democrats and labor unions say Mr. Obama’s appointments restored ideological balance to the board after it was tipped in favor of business interests under President George W. Bush


Mark G. Pearce, the board’s chairman, issued a statement saying the board disagreed with the ruling and suggested that other appeals courts hearing cases about the constitutionality of Mr. Obama’s appointments could reach a different conclusion.


“In the meantime, the board has important work to do,” said Mr. Pearce, whose agency oversees enforcement of the laws governing strikes and unionization drives. “We will continue to perform our statutory duties and issue decisions.”


Unless the Senate confirms future nominees to the board — Senate Republicans have blocked several of Mr. Obama’s board nominees — Mr. Pearce will be the only member left if Friday’s ruling is upheld. The board has five seats.


Representative Darrell Issa, a California Republican who is the chairman of the Oversight and Government Reform Committee, issued a statement that urged the recess appointees to “do the right thing and step down.” He added, “To avoid further damage to the economy, the N.L.R.B. must take the responsible course and cease issuing any further opinions until a constitutionally sound quorum can be established.”


The three disputed recess appointees included two Democrats, Sharon Block, deputy labor secretary, and Richard Griffin, general counsel to the operating engineers’ union; and one Republican, Terence Flynn, a counsel to a board member. Mr. Flynn resigned last May after being accused of leaking materials about the group’s deliberations. Another Republican member, Brian Hayes, stepped down when his term expired last month.


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Palmdale woman accused of torturing her children









Neighbors of a Palmdale woman charged with assaulting and torturing two of her children said Thursday that they never even realized she had kids.


The siblings — a boy, 8, and girl, 7 — did not play outside and were rarely seen, said Cynthia Otero, who runs a day care center at a home opposite the house in the 39000 block of Clear View Court where Ingrid Brewer is alleged to have mistreated the youngsters.


Otero said that when she recently spotted the children getting out of a car, she thought Brewer, 50, "might be baby-sitting."








So neighbors in the suburban cul-de-sac were the more shocked when word spread that Brewer was arrested on suspicion of crimes against her children, she said. Brewer is being charged with eight felony counts, including torture, assault with a deadly weapon and cruelty to a child.


According to authorities, Brewer reported the children missing Jan. 15, prompting a search by deputies from the Los Angeles County Sheriff's Palmdale Station. The youngsters were found hours later hiding under a blanket near a parked car on a street close to their home. They were without winter clothes in 20-degree weather, authorities said.


Sgt. Brian Hudson, a spokesman for the sheriff's Special Victims Bureau, said the children told investigators they ran away because Brewer deprived them of food, locked them in separate bedrooms when she went to work each day, bound their hands behind their backs with zip ties and beat them with electrical cords and a hammer. The youngsters also said that when they were locked in the bedrooms and needed to use the bathroom, they instead had to use wastebaskets, Hudson said.


They fled because "they were tired of being tied up and beaten," Hudson said.


Hudson said both children had injuries consistent with the alleged abuse, including marks on their wrists indicating they had been restrained and "numerous bruising and abrasions over their bodies." They told investigators the mistreatment had been happening since Halloween.


Neighbors interviewed by authorities said they had never noticed anything suspicious but "hardly ever saw the two children," Hudson said. Otero and another neighbor said Brewer did not make friends on the block.


Otero said Brewer was "unfriendly" and typically ignored verbal greetings and waves.


According to sheriff's officials, Brewer, a certified nursing assistant who works in Los Angeles and has adult children, adopted the young siblings about a year ago from foster care. They were home schooled.


Neil Zanville, a spokesman for the county Department of Children and Family Services, said his agency was legally prohibited from disclosing any case-specific information about past or present clients. But in a written statement, the agency's director, Philip Browning, called the report disturbing.


"While we cannot confirm or deny whether this family is under our supervision, I am personally looking into this situation to determine what role, if any, our department had in these children's lives," Browning said.


Sheriff's officials said Thursday that the children were "doing great" despite their injuries.


Otero lamented that they had been made to suffer.


"It's just so sad," said the neighbor, who has a 5-year-old daughter and 8-year-old twins. "I wish they would have knocked on my door. I would have helped them."


Brewer is in the custody of the Sheriff's Department, with bail set at $2 million. She is scheduled to appear in court Thursday, Hudson said.


ann.simmons@latimes.com


Times staff writer Kate Mather contributed to this report.





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Cellphone Chips Will Remake the Server World. <em>Period</em>.



Facebook recently ran an experiment. Inside a test lab, somewhere behind the scenes at the world’s most popular network, engineers sidled up to a computer server loaded with software that typically drives the Facebook website and started messing with the CPU.


Every processor includes something called a cache — a place to temporarily store data without sending it all the way back to a machine’s main memory — and with their test machine, these Facebook engineers started shutting down portions of the cache, just to see how their software would respond.


“The cache embedded on a CPU is actually the most expensive memory you can find,” explains Frank Frankovsky, who oversees Facebook’s hardware efforts. “So we said: ‘Let’s see what happens if we start turning off chunks of the cache. Let’s see how small of a cache we could live with.’”



First, they reduced the cache from 3 megabytes to 2. Then to one and a half. And then to one. All the while, the machine performed just as well, handling the same number of requests per second. Speed didn’t degrade until they took the cache all the way down to a half megabyte.


It was just one test — a small piece of knowledge, as Frankovsky calls it, that may help Facebook understand how its software makes use of the hardware running beneath it. But it shows why the market for server chips is about to change in a very big way.


What Frankovsky’s little tale shows is that Facebook doesn’t necessarily need everything that chip makers like AMD and Intel build into today’s server chips — and that it can save an awful lot if can somehow move to chips that are better suited to its particular breed of software. Facebook has already stripped down other parts of the server hardware that drives its massive web empire, and now, it’s looking to strip down the CPUs as well.


“We went vanity-free on the server design,” Frankovsky says. “The next place to go is to look at how to best utilize the componentry, making sure — at the component level — you’re making good use of every ounce of horsepower you’re putting on the motherboard.”


In some ways, Facebook is already doing this. It already works with Intel and other hardware vendors to in some way customize the chips that go into its servers — though the company won’t discuss the details, apparently because its hardware partners haven’t authorized it to do so. But Frankovsky makes it clear the web giant plans on taking things much further.


That Facebook cache test was run with eye on a new breed of chips that’s slowly moving into the server world. Frankovsky calls them “smartphone-class CPUs.” Others call them “wimpy cores.” Basically, they’re ultra-low-power server chips based on architectures that were originally designed for smartphones. Many hardware makers — including big names like Dell and AMD as well as upstarts like Calxeda and AppliedMicro — are working towards servers that use chips based the ARM architecture that drives your iPhone, and Intel has responded to this groundswell with servers chips based on its Atom mobile architecture.



‘Competition drives a lot of really good stuff — and there are more ARM licensees than I can count. When I’ve seen a relatively open and level playing field like that, good things are bound to happen. That level of investment is bound to yield some very cool stuff.’


— Frank Frankovsky



Some have downplayed the wimpy core idea, questioning whether these chips have the oomph to run server workloads. But the whole idea is to slim things down in the data center — to do more with less — and as Frankovsky shows with his little test, today’s web data centers could use some slimming, at least in some cases.


Certainly, the current breed of ARM chip isn’t up to the task. But a more robust breed is on the way — a 64-bit incarnation that can handle more memory than today’s 32-bit chips — and people like Frankovsky say it’s only a matter of time before these designs provide a viable alternative to chips based on Intel’s x86 architecture. “I think it’s going to shake things up sooner than you think,” Frankovsky told us almost a year ago.


As the pundits argue about the technical merits of these chips, they miss the larger picture. ARM chips are so attractive to people like Frankovsky because they provide more options. ARM is an architecture that’s licensed to a wide range of companies, and it can provide an antidote to the hegemony Intel has long enjoyed in the server world.


“Competition drives a lot of really good stuff — and there are more ARM licensees than I can count,” Frankovsky says. “When I’ve seen a relatively open and level playing field like that, good things are bound to happen…That level of investment is bound to yield some very cool stuff.”


In the end, it gives Facebook more to choose from. It may not need to buy the chip with 3 megabytes of cache. It may have the option of buying a processor with only a half megabyte. “With the number of people that are investing in that ARM ecosystem — since there are so many choices — there’s bound to be somebody that’s building something that’s just about right for you.”


In fact, many of these players are intent on offering hardware that ideally suited to Facebook and other online giants that are looking to hone their data center operations. “The new emerging players that see the shift that’s happening in this market? They’re all ears around some of the customers that they believe are leading indicators for where the CPU architecture should go.”


This was born out just last week when Calxeda and AppliedMicro — two of the companies working on ARM designs — backed Facebook’s plan to split servers into tiny pieces you can easily add and remove as you see fit. At the Silicon Valley get-together where this plan was unveiled, AppliedMicro vice president and general manager Vinay Ravuri told us the company’s 64-bit ARM chip will officially arrive later this quarter. And it will be welcomed.


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The New Old Age Blog: Time to Recognize Mild Cognitive Disorder?

The Diagnostic and Statistical Manual of Mental Disorders, published and periodically updated by the American Psychiatric Association, is one of those documents few laypeople ever read, but many of us are affected by.

It can make it easier or harder to get an insurance company or Medicare to cover treatments, for example. It factors into a variety of legal and governmental decisions.

And on a personal basis, a psychiatric diagnosis may be welcome (having a name and a treatment plan for what’s bothering us can be comforting) or not (are we really suffering from a mental disorder if we seem depressed after a family member dies?).

That last question refers to a change in the new DSM5, to be published in May, that has generated considerable controversy and that I discussed in an earlier post: the removal of the “bereavement exclusion,” once part of the diagnosis of Major Depressive Disorder.

Another element of the revised DSM could also affect readers: It will include something called Mild Neurocognitive Disorder. The task force revising the manual wanted to align psychiatry with the rest of medicine, which has already begun to distinguish between levels of impairment, said its chairman, David Kupfer, a University of Pittsburgh psychiatrist.

True enough, as we have reported before. Neurologists call it Mild Cognitive Impairment, a stage where cognitive decline becomes noticeable enough to affect daily functioning, yet people can still live independently and have not progressed to dementia.

In fact, a large proportion of people with mild cognitive problems never will develop dementia — but doctors and researchers cannot yet determine who will and who won’t. Biomarkers that could identify the biological brain changes that presage dementia are still years away.

Will it be helpful, then, for health professionals using the DSM5 — most of them not psychiatrists, but primary care doctors — to begin diagnosing Mild Neurocognitive Disorder? Particularly as there is no treatment that can reverse it or reliably slow its progression, if it would progress?

Dr. Ronald Petersen, director of the Mayo Clinic’s Alzheimer’s Disease Research Center and a member of the working group that developed the new DSM5 criteria, said he thought the newly recognized disorder would be useful. “The predementia phase is becoming increasingly important,” he told me in an interview.

Counseling could help people compensate for the memory loss and other deficits they are experiencing, for example. With a DSM-recognized diagnosis, those approaches are more likely to be covered by insurers.

Besides, “one argument against Alzheimer’s therapies is that we wait too late, when there’s too much damage to the central nervous system to repair,” Dr. Petersen said, referring to several recent disappointing drug trials. In the future, with earlier diagnoses, “you may be able to intervene, stop the process and forestall the dementia.”

But as we have seen with screening tests for other diseases, early detection does not always lead to better health or longer lives. It can, however, lead to unnecessary treatments and procedures involving risks of their own. Could that happen with Mild Neurocognitive Disorder?

“It will lead to wild overdiagnosis,” predicted Allen Frances, an emeritus professor of psychiatry at Duke and the chairman of the task force that developed the previous DSM edition. Indeed, about a quarter of people initially diagnosed with mild cognitive impairment are later determined to be normal, a prominent researcher told my colleague Judy Graham last year.

“People will get unnecessary tests and start getting weird treatments that have no proven efficacy,” said Dr. Frances, who has criticized a number of DSM5 changes. “They’re going to worry like crazy about being demented.”

Dr. Petersen agreed that it was a legitimate concern, but “by and large, we’re becoming better at distinguishing between the normal cognitive effects of aging and disease.” (The American Psychiatric Association will publish a specialized DSM for primary care physicians, Dr. Kupfer pointed out, to help guide them through diagnoses.)

It is hard for patients and families to know how to react when experts disagree. But keep in mind that contemporary health care aims for what is called shared decision-making. That means patients and professionals discuss options and weigh the risks and benefits of treatments and procedures, their likely outcomes, patients’ preferences, and come to agreement on how to proceed. This essay in the New England Journal of Medicine calls shared decision-making “the pinnacle of patient-centered care.”

So when Dr. Frances refers to the DSM5 as “a guide, not a bible,” and urges skepticism about some of its diagnoses, he is advocating an approach that patients and families should probably bring to any medical decision.

Seeking further information, asking questions, assessing options — those are reasonable responses if, a few weeks after a loved one’s death, a doctor says you may have major depression. Or if she thinks your memory loss could mean Mild Neurocognitive Disorder.

“The shorter the evaluation, the less the person knows you, the less he or she can explain and justify the diagnosis, the more tests and treatments that will result, the more a person should be cautious and get a second opinion,” Dr. Frances said.

Whatever the DSM5 says, it’s hard to argue with that.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Apple Labor Audits Uncover Underage Workers



SAN FRANCISCO — Apple stepped up audits of working conditions at major suppliers last year, discovering multiple cases of employment of underage workers, discrimination and wage problems.


The company, which relies heavily on Asia-based partners like Foxconn Technology Group of Taiwan to assemble its devices, said Thursday that it had conducted 393 audits, up 72 percent from 2011, reviewing sites where more than 1.5 million workers make its gadgets.


In recent years, Apple has faced accusations of building its profits on the backs of poorly treated and severely underpaid workers in China.


That criticism came to the fore around 2010, after reports of suicides at Foxconn drew attention to the long hours that migrant laborers frequently endured, often for a pittance in wages and in severely cramped living conditions.


Foxconn is the trading name of Hon Hai Precision Industry. The company employs 1.2 million workers across China.


Under Tim Cook, who took over as chief executive from Steve Jobs in 2011, Apple has taken steps to improve its record and increase transparency, with measures like the extensive audits of its sprawling supply chain. Last year, it agreed to separate audits by the independent Fair Labor Association.


In an interview Thursday, the senior vice president of operations at Apple, Jeff Williams, said the company had increased its efforts to solve two of the most challenging issues: ensuring there are no underage workers in its supply chain and limiting work time to 60 hours a week.


Apple is now investigating its smaller suppliers — which typically face less oversight on such issues — to bring them into compliance, sometimes even firing them.


“We go deep in the supply chain to find it,” Mr. Williams said. “And when we do find it, we ensure that the underage workers are taken care of, the suppliers are dealt with.”


In one case, Apple terminated its relationship with a component maker after discovering 74 cases in which underage workers were being employed. Apple also found that an employment agency had forged documents to allow children to work illegally at the supplier.


Apple reported both the supplier and the employment agency to the local authorities, the company said in its latest annual report on the conditions in its supply chain.


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California bills target false 911 calls in 'swatting' cases









SACRAMENTO — Alarmed that pranksters have called 911 to report false emergencies at the homes of celebrities including Justin Bieber and Tom Cruise, two Southern California legislators have proposed laws to get tougher with anyone engaged in "swatting."


A bill announced Wednesday by state Sen. Ted Lieu (D-Torrance) would allow longer sentences for and greater restitution from those convicted of making false reports to the police. Los Angeles County Sheriff Lee Baca asked for the measure.


A similar proposal has been introduced by Assemblyman Mike Gatto (D-Los Angeles).





"The recent spate of phony reports to law enforcement officials that the home of an actor or singer is being robbed or held hostage is dangerous, and it's only a matter of time before there's a tragic accident," said Lieu.


On Monday, someone called police with a false report of domestic violence and a possible shooting at the Hollywood Hills home of singer Chris Brown, who was not there at the time.


Last week, a report of shots fired sent a Beverly Hills police SWAT team to surround the home of actor Tom Cruise.


Also last week, a 12-year-old boy was charged with making false threats about supposed incidents at the homes of Bieber and actor Ashton Kutcher.


Others believed to have been targets of swatting incidents in the last year include "The X Factor" judge Simon Cowell, singer Miley Cyrus and the Kardashian-Jenner family.


Baca asked Lieu to introduce a bill "because this phenomenon is increasingly becoming more of a challenge," said Steve Whitmore, a spokesman for the sheriff. "He believes increasing the penalties, including increased jail time and financial responsibility, will bring this serious, albeit new, crime to the forefront, exactly where it belongs."


Gatto and Lieu both propose that those convicted of making false 911 reports be liable for all costs associated with the police response. Such pranks are "a complete waste of law enforcement resources," said Gatto.


The Assemblyman's measure, AB 47, would also increase the maximum fine for conviction from $1,000 to $10,000 and make it easier to file murder charges if someone is killed in a swatting incident.


Existing penalties for false 911 reports include up to one year in jail, but an offender may get probation with no jail time. Lieu, a military reserve prosecutor, wants to set a minimum sentence of 120 days in jail.


Lieu's proposal also would make it easier to charge someone with a felony if a victim is hurt as a result of a prank call. In felony cases, the penalty could increase to three years in jail. And prosecutors would no longer have to show that the prankster knew injury or death would occur.


Both bills would apply to incidents involving anyone in California, not just celebrities. But the Legislature has drawn criticism in the past for measures intended primarily to protect the famous.


In 2009 and 2010, the Legislature and then-Gov. Arnold Schwarzenegger approved laws restricting paparazzi, including one that stiffened penalties for those caught driving recklessly or blocking sidewalks to photograph celebrities.


patrick.mcgreevy@latimes.com





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Lookin' Hot in the Cold: Technical Outerwear for Winter









Photos by Ariel Zambelich/Wired






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From bombastic to beloved, Joachim Sauer’s trip to Wagner’s “grail”






BERLIN (Reuters) – In his youth, theoretical chemist Joachim Sauer found the music of Richard Wagner “bombastic”. All that changed when he was in his early 20s with a chance encounter with Wagner’s ‘Siegfried’.


Now the annual Wagner summer festival in Bayreuth is one of the few occasions when the media-shy Sauer is seen in public with his wife, German Chancellor Angela Merkel.






This year, the bicentenary of Wagner’s birth, is a special one for the many millions of “Wagnerians” who share Sauer’s passion. It was the chance to talk about Wagner’s music, and only about music, that prompted Sauer to speak to Reuters.


“If you ask me what is the best good fortune in my life of course I say that I have seen in my lifespan the Wall coming down, the reunification,” said Sauer, 63, who grew up in communist East Germany.


“But the second, which comes with it, is perhaps that I now can go to Bayreuth.”


Sauer, considered a top expert in his field for his quantum chemical work with catalysts used in the chemical industry, and also in cars, met for an interview in English over dinner recently at the restaurant of the Deutsche Oper in Berlin where he went on to see Puccini’s “Tosca”.


“They see me all the time at Bayreuth and think I only like Wagner’s music and it’s not true,” Sauer said. He also likes Beethoven, Mozart, some of the Romantic repertoire, even the music of the 20th century, and Verdi’s “La Traviata”, which he considers a masterpiece.


But what is it about Wagner’s music that Sauer, a slender, fit and cordial man whose smiling countenance throughout the dinner of fish and a glass of white wine belied his somewhat dour image in the German press, finds so engaging, if not to say addictive?


His conversion occurred by chance when he came home one day exhausted, he said.


“I was studying chemistry and this is a physically hard job because you are in the laboratory, you work hard and you come home in the late afternoon or in the evening and you always needed a break. So I would stretch out on the sofa, switch on the radio and listen to this special radio program which has a lot of classical music and I was listening to something. I didn’t know what it was but I found it very interesting.


“And at the end it turned out it was a piece of ‘Siegfried’” – from Wagner’s “Ring” cycle. “So I told myself, ‘You’re an idiot…you should listen to it.’ So this was how it started.”


“It never ends, it’s so rich,” Sauer added, speaking of the appeal of Wagner’s operas, which include the story of the “swan knight” in “Lohengrin”, the 16-hour-long “Ring” and conclude with the quest for the Holy Grail in “Parsifal”. “And they are all so very different.”


He said Bayreuth, Wagner’s purpose-built opera house on the “Green Hill” in Bavaria, is unique in allowing busy people like himself, with a fulltime career as a professor at Humboldt University in Berlin, to get away from their daily routines and pay full attention to nothing but Wagner’s operas.


“Many people would be very proud if they had invented it. Therefore I am strictly against any good advice they would give to open it to change, to open it to other composers, to do all types of things. All wrong, because this is a unique thing and don’t touch it.”


AN UNEXPECTED FAVOURITE


Like many passionate Wagnerians, Sauer more or less throws up his hands when asked how many times he has seen the various operas – regularly since his 20s and at Bayreuth every year since 1990, when East and West Germany were reunited, was his rough estimate.


He said one of his greatest Wagner moments unexpectedly was a 1990s staging by the late Brecht disciple and leftist playwright Heiner Mueller of Wagner’s intensely romantic “Tristan und Isolde”, in which two unrequited lovers are united in death.


“It was really the best piece I have seen in Bayreuth so far…. I often have trouble with what is called the ‘regie theater’ where the director takes over but in this case it made sense not only in an intellectual way but also an emotional way,” Sauer said, still clearly passionate about a production that set part of the drama in a post-apocalypse world where the moribund lover Tristan, sung by Siegfried Jerusalem, wore dark sunglasses and was covered with concrete dust.


This year Bayreuth will unveil a new “Ring” by deconstructionist Berlin theatre director Frank Castorf, who has been known to dispense with whole sections of text in plays he directs, with the young Russian Kirill Petrenko conducting.


Sauer, who enjoyed the previous Bayreuth “Ring” under Wagner-immersed German conductor Christian Thielemann, is keeping an open mind. Little has been revealed about the Castorf version, apart from snippets on blogs and websites saying it will use a revolving stage and that Castorf is under orders not to make cuts.


“We take the risk. The music is still there,” Sauer said, with a wry hint of humor.


(editing by Janet McBride)


Music News Headlines – Yahoo! News




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The New Old Age Blog: Grief Over New Depression Diagnosis

When the American Psychiatric Association unveils a proposed new version of its Diagnostic and Statistical Manual of Mental Disorders, the bible of psychiatric diagnoses, it expects controversy. Illnesses get added or deleted, acquire new definitions or lists of symptoms. Everyone from advocacy groups to insurance companies to litigators — all have an interest in what’s defined as mental illness — pays close attention. Invariably, complaints ensue.

“We asked for commentary,” said David Kupfer, the University of Pittsburgh psychiatrist who has spent six years as chairman of the task force that is updating the handbook. He sounded unruffled. “We asked for it and we got it. This was not going to be done in a dark room somewhere.”

But the D.S.M. 5, to be published in May, has generated an unusual amount of heat. Two changes, in particular, could have considerable impact on older people and their families.

First, the new volume revises some of the criteria for major depressive disorder. The D.S.M. IV (among other changes, the new manual swaps Roman numerals for Arabic ones) set out a list of symptoms that over a two-week period would trigger a diagnosis of major depression: either feelings of sadness or emptiness, or a loss of interest or pleasure in most daily activities, plus sleep disturbances, weight loss, fatigue, distraction or other problems, to the extent that they impair someone’s functioning.

Traditionally, depression has been underdiagnosed in older adults. When people’s health suffers and they lose friends and loved ones, the sentiment went, why wouldn’t they be depressed? A few decades back, Dr. Kupfer said, “what was striking to me was the lack of anyone getting a depression diagnosis, because that was ‘normal aging.’” We don’t find depression in old age normal any longer.

But critics of the D.S.M. 5 now argue that depression may become overdiagnosed, because this version removes the so-called “bereavement exclusion.” That was a paragraph that cautioned against diagnosing depression in someone for at least two months after loss of a loved one, unless that patient had severe symptoms like suicidal thoughts.

Without that exception, you could be diagnosed with this disorder if you are feeling empty, listless or distracted, a month after your parent or spouse dies.

“D.S.M. 5 is medicalizing the expected and probably necessary process of mourning that people go through,” said Allen Francis, a professor emeritus at Duke who chaired the D.S.M. IV task force and has denounced several of the changes in the new edition. “Most people get better with time and natural healing and resilience.”

If they are diagnosed with major depression before that can happen, he fears, they will be given antidepressants they may not need. “It gives the drug companies the right to peddle pills for grief,” he said.

An advisory committee to the Association for Death Education and Counseling also argued that bereaved people “will receive antidepressant medication because it is cheaper and ‘easier’ to medicate than to be involved therapeutically,” and noted that antidepressants, like all medications, have side effects.

“I can’t help but see this as a broad overreach by the APA,” Eric Widera, a geriatrician at the University of California, San Francisco, wrote on the GeriPal blog. “Grief is not a disorder and should be considered normal even if it is accompanied by some of the same symptoms seen in depression.”

But Dr. Kupfer said the panel worried that with the exclusion, too many cases of depression could be overlooked and go untreated. “If these things go on and get worse over time and begin to impair someone’s day to day function, we don’t want to use the excuse, ‘It’s bereavement — they’ll get over it,’” he said.

The new entry for major depressive disorder will include a note — the wording isn’t final — pointing out that while grief may be “understandable or appropriate” after a loss, professionals should also consider the possibility of a major depressive episode. Making that distinction, Dr. Kupfer said, will require “good solid clinical judgment.”

Initial field trials testing the reliability of D.S.M. 5 diagnoses, recently published in The American Journal of Psychiatry, don’t bolster confidence, however. An editorial remarked that “the end results are mixed, with both positive and disappointing findings.” Major depressive disorder, for instance, showed “questionable reliability.”

In an upcoming post, I’ll talk more about how patients might respond to the D.S.M. 5, and to a new diagnosis that might also affect a lot of older people — mild neurocognitive disorder.

Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Euro Watch: Data Point to Slow Recovery in Euro Zone


The euro zone economy took a step closer to recovery this month as the rate of decline in the bloc’s private sector eased more than expected, a business survey showed on Thursday.


But in an indication of the hurdles left to scale, Spain’s unemployment surged to 26 percent in the fourth quarter, a record high since measurements began in the 1970s, as a prolonged recession and deep spending cuts left almost 6 million people out of work at the end of last year.


The manufacturing survey published by Markit supports European Central Bank President Mario Draghi’s assertion that the 17-nation currency union is benefiting from “positive contagion” but still hints at an economic contraction in the first quarter of 2013.


Markit’s Flash Composite Eurozone Purchasing Managers’ Index, which surveys around 5,000 companies and is seen as a good growth indicator, jumped to 48.2 from December’s 47.2, beating expectations for a rise to 47.5.


While the index has now held below the 50 mark that separates growth from contraction in all but one of the last 17 months, Markit said the data suggested conditions in the bloc were improving.


“We shouldn’t get too gloomy about those numbers,” Chris Williamson, a data collator at Markit, said. “There is a turning point that took place towards the end of last year and the beginning of this year so things are picking up. Any downturn is looking likely to end in the first half.”


He added, however, that the manufacturing index was “still consistent” with gross domestic product in the 17-country bloc falling at a quarterly rate of about 0.2 percent to 0.3 percent.


The euro zone economy contracted in the second and third quarters of last year, meeting the technical definition of recession, and the downturn is expected to have deepened in the fourth quarter.


Earlier data from Germany, Europe’s largest economy and the bloc’s growth engine, showed its private sector expanded at its fastest pace in a year.


In neighboring France, data from Markit showed that business activity shrank in January at the fastest pace since the trough of the global financial crisis. The preliminary composite purchasing managers’ index, covering activity in the services and manufacturing sectors combined, came out at 42.7 for the month, slumping from 44.6 in December.


Spain’s unemployment rate rose to 26 percent in the fourth quarter of 2012, or 5.97 million people, the National Statistics Institute said on Thursday, up from 25 percent in the previous quarter and more than double the European Union average.


“We haven’t seen the bottom yet and employment will continue falling in the first quarter,” José Luis Martínez, a strategist with Citigroup, said.


Spain sank into its second recession since 2009 at the end of 2011 after a burst housing bubble left millions of low-skilled laborers out of work and sliding private and business sentiment gutted consumer spending and imports.


Efforts by Prime Minister Mariano Rajoy’s government to control one of the euro zone’s largest deficits through billions of euros of spending cuts and tax increases have fueled general malaise, further hampering demand.


Still, Mr. Draghi of the E.C.B. is taking an optimistic view, declaring earlier this month that the euro zone economy would recover later in 2013 and that there was now a “positive contagion” effect in play.


Europe’s top central banker cited falling bond yields, rising stock markets and historically low volatility as evidence for this, causing several forecasters to ditch expectations for an imminent cut in euro zone interest rates.


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