Diner’s Journal Blog: PepsiCo Will Halt Use of Additive in Gatorade

PepsiCo announced on Friday that it would no longer use an ingredient in Gatorade after consumers complained.

The ingredient, brominated vegetable oil, which was used in citrus versions of the sports drink to prevent the flavorings from separating, was the object of a petition started on Change.org by Sarah Kavanagh, a 15-year-old from Hattiesburg, Miss., who became concerned about the ingredient after reading about it online. Studies have suggested there are possible side effects, including neurological disorders and altered thyroid hormones.

The petition attracted more than 200,000 signatures, and this week, Ms. Kavanagh was in New York City to tape a segment for “The Dr. Oz Show.” She visited The New York Times on Wednesday and while there said, “I just don’t understand why they can’t use something else instead of B.V.O.”

“I was in algebra class and one of my friends kicked me and said, ‘Have you seen this on Twitter?’ ” Ms. Kavanagh said in a phone interview on Friday evening. “I asked the teacher if I could slip out to the bathroom, and I called my mom and said, ‘Mom, we won.’ ”

Molly Carter, a spokeswoman for Gatorade, said the company had been testing alternatives to the chemical for roughly a year “due to customer feedback.” She said Gatorade initially was not going to make an announcement, “since we don’t find a health and safety risk with B.V.O.”

Because of the petition, though, Ms. Carter said the company had changed its mind, and an unidentified executive there gave Beverage Digest, a trade publication, the news for its Jan. 25 issue.

Previously, a spokesman for PepsiCo had said in an e-mail, “We appreciate Sarah as a fan of Gatorade, and her concern has been heard.”

Brominated vegetable oil will be replaced by sucrose acetate isobutyrate, an emulsifier that is “generally recognized as safe” as a food additive by the Food and Drug Administration. The new ingredient will be added to orange, citrus cooler and lemonade Gatorade, as well Gatorade X-Factor orange, Gatorade Xtremo citrus cooler and a powdered form of the drink called “glacier freeze.”

Ms. Carter said consumers would start seeing the new ingredient over the next few months as existing supplies of Gatorade sell out and are replaced.

Health advocates applauded the company’s move. “Kudos to PepsiCo for doing the responsible thing on its own and not waiting for the F.D.A. to force it to,” said Michael Jacobson, executive director of the Center for Science in the Public Interest.

Mr. Jacobson has championed the removal of brominated vegetable oil from foods and beverages for the last several decades, but the F.D.A. has left it in a sort of limbo, citing budgetary constraints that it says keep it from going through the process needed to formally ban the chemical or declare it safe once and for all.

Brominated vegetable oil is banned as a food ingredient in Japan and the European Union. About 10 percent of drinks sold in the United States contain it, including Mountain Dew, which is also made by PepsiCo; some flavors of Powerade and Fresca from Coca-Cola; and Squirt and Sunkist Peach Soda, made by the Dr Pepper Snapple Group.

PepsiCo said it had no plans to remove the ingredient from Mountain Dew and Diet Mountain Dew, both of which generate more than $1 billion in annual sales.

Heather White, executive director at the Environmental Working Group, said of PepsiCo’s decision, “We can only hope that other companies will follow suit.” She added, “We need to overhaul how F.D.A. keeps up with the latest science on food additives to better protect public health.”

Ms. Kavanagh agreed. “I’ve been thinking about ways to take this to the next level, and I’m thinking about taking it to the F.D.A. and asking them why they aren’t doing something about it,” she said. “I’m not sure yet, but I think that’s where I’d like to go with this.”


This post has been revised to reflect the following correction:

Correction: January 26, 2013

An earlier version of this article misspelled the surname of the 15-year-old who started a petition on Change.org to end the use of brominated vegetable oil in Gatorade. She is Sarah Kavanagh, not Kavanaugh.

A version of this article appeared in print on 01/26/2013, on page B1 of the NewYork edition with the headline: PepsiCo Will Halt Additive Use In Gatorade.
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Tens of Thousands Fill Tahrir Square on Anniversary of Egyptian Revolt


Tara Todras-Whitehill for The New York Times


A man throws rocks at Egyptian security officials in Cairo on Friday.







CAIRO — Tens of thousands of Egyptians filled Tahrir Square here on Friday to observe the second anniversary of the revolt that ousted President Hosni Mubarak with a massive protest against the political ascendance of the Muslim Brotherhood.




There were parallel demonstrations in several other cities, and minor clashes between protesters and security forces in Alexandria, Cairo and elsewhere.


Protesters at times seemed to be re-enacting scenes from the 18-day revolt that toppled Mr. Mubarak two years ago. The loudest chants were recycled from the revolution — “Leave, leave” and “The people want the fall of the regime.” Others were adapted slightly to focus on the Islamist Brotherhood, calling for an end to “the rule by the supreme guide,” Mohamed Badie, the Brotherhood’s spiritual leader.


It was the latest confirmation that the Islamists, who have dominated elections since Mr. Mubarak’s ouster, have inherited not only his presidential palace but also the blame for Egypt’s myriad problems.


On Friday, five months after President Mohamed Morsi of the Brotherhood’s political party took power from Egypt’s interim military rulers, the demonstrators’ main complaint was that the Islamists had failed to fulfill the social welfare and social justice demands of the original revolt. A banner in the center of the square called for the repeal of the Islamist-backed Constitution, passed in a referendum last month, which opponents say failed to enshrine ironclad guarantees of individual freedoms.


“The Egyptian people had so many dreams and the reality on the ground is, everything is still the same,” said Mohamed Adl, 41, a teacher who carried a sign with a handwritten poem blaming the Brotherhood for making “injustice the guard of our lives.”


By early afternoon in Cairo, a few dozen protesters at one corner of the square — many of them apparently teenagers — had begun to throw rocks over a cement barrier at security forces massed around the Interior Ministry building, resuming an intermittent battle that had begun the day before in anticipation of the anniversary. The security officers, as they typically do, threw back some of the rocks, and plumes of tear gas sailed overhead past a church steeple up the street.


State media reported at around 3 p.m. that four people had been injured in the clashes with security forces near the square, in addition to 25 injured since the battle began the day before.


Osama Amir, 22, a student walking from the fight, said he did not know how it started or why. “People have lost confidence in the central security forces, so when there is a chance to beat them up, we will beat them up,” he said.


A little while later, another street fight broke out when demonstrators passed the office of the Muslim Brotherhood Web site on their way to the square and threw rocks at it. Other civilians — it was unclear whether they were annoyed neighbors or Brotherhood supporters — rushed out to strike back at the protesters, and a street vendor’s kiosk was burned in the melee.


The Brotherhood, hoping to avoid the kind of factional clashes that killed 10 people in December, urged its supporters to stay away from the square and observe the anniversary with community service projects around the country.


Both the Brotherhood and its opponents are now looking ahead to parliamentary elections expected to be held in April, and critics of the Brotherhood contended that its community service drive was in part an effort to curry favor with needy voters. The opposition had poured most of its energy into Friday’s demonstrations, and its critics said it was once again wasting its time on street protests while the Islamists had already turned their attention to the more important electoral battle.


“It is important that people go down to the square, if for no other reason than to remind Egypt, and themselves, that something really special happened during those 18 days two years ago,” said H. A. Hellyer, a researcher based here with the Brookings Institution. “That energy, however, can’t stay in the square,” he said. “It’s got to be channeled.”


But some demonstrators argued that the public protests were a first step toward building a more potent political movement that might someday counterbalance the Islamists. “Nothing tangible will come of today, and I don’t think anything tangible with happen with the elections,” said Ayman Roshdy, 57, a retired marketing consultant. “But there is hope. What is happening today is part of the process of building hope.


“The Islamists have been saying that they are the good guys,” he continued. “Now they are in control and they are being exposed by the minute. And we are building a political movement that will help us to produce a reasonable government.”


By late afternoon, other marches from around the city, some led by well-known leaders of the political opposition, were streaming toward the square and the crowd was expected to swell toward nightfall, along with the potential for more violence.


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Murray edges Federer, reaches Australian final


MELBOURNE, Australia (AP) — Andy Murray has finally beaten Roger Federer at a Grand Slam.


The U.S. Open champion beat 17-time major winner Federer 6-4, 6-7 (5), 6-3, 6-7 (2), 6-2 Friday at the Australian Open, calling it a massive confidence boost as he attempts to win his second consecutive major.


Murray, who missed his chance to serve out the match at 6-5 in the fourth set, will play defending champion and top-seeded Novak Djokovic in Sunday's final. Djokovic cruised past David Ferrer in straight sets in just under 90 minutes — 2 1/2 hours less than Murray's semifinal.


Advantage Djokovic.


There was some controversy in that 12th game of the fourth set when Federer appeared to glare and say something to Murray when the Scotsman stopped momentarily behind the baseline during the rally.


Murray ignored it after winning the point, but conceded serve in that game and lost the ensuing tiebreaker before regrouping in the fifth set.


"I mean, it wasn't a big deal," Federer said. "We just looked at each other one time. That's OK, I think. We were just checking each other out for bit. That wasn't a big deal for me — I hope not for him."


While Murray came into the match with a 10-9 career advantage, Murray had never beaten Federer in their three previous meetings at a major — the finals of the 2008 U.S. Open, 2010 Australian Open and last year at Wimbledon.


"It's always tough against him, when he plays in Slams is when he plays his best tennis," Murray said. "When his back was against the wall at 6-5 and I was serving, he came up with some unbelievable shots. I just had to keep fighting."


On Saturday, defending champion Victoria Azarenka will play Li Na of China for the women's singles title. Azaranka needs to win to retain her No. 1 ranking or it will go to Serena Williams.


Also, American brothers Bob and Mike Bryan will play their fifth consecutive Australian Open doubles final and attempt to win a record 13th Grand Slam doubles championship. They'll play the Dutch pair of Robin Haase and Igor Sijsling.


Federer outplayed Murray at stages of the match, but the 25-year-old Scotsman appeared to have the legs and stamina over the 31-year-old Federer in the fifth set, including a service break to clinch the tense match.


"It's big. I never beat Roger in a Slam before. It definitely will help with the confidence," Murray said. "Just knowing you can win against those guys in big matches definitely helps."


Federer said he was playing catch-up all night.


"Definitely it was more of a chase," Federer said. "I think I had my chances a little bit. Obviously, you're going to go through a five-setter with some regrets. But overall, I think Andy was a bit better than I was tonight."


Murray refused to elaborate on the details of the exchange in the fourth set.


"Stuff like that happens daily in tennis matches ... it was very, very mild in comparison to what happens in other sports," Murray said. "It's just one of those things."


Murray said while the outburst didn't "rattle" him, it might have helped Federer get back in the match.


"I think he raised his game, and that's what happens," he said. "Sometimes guys need to get emotion into the match. He definitely raised his level ... in that game I think he hit two balls onto the line and was extremely aggressive after that."


Asked again what Federer had said, Murray reiterated he didn't feel it was "relevant."


"I'm sure Roger won't talk about it and I have no interest in discussing it either, because, like I say, it happens all the time," he said. "People will want to make a big deal of it and it isn't really a big deal.


"It's a very late finish, I'm tired. I don't want to be wasting any energy, because I'll need all of it if I want to win against Novak on Sunday."


With a capacity crowd of 15,000 at Rod Laver Arena watching, including the Australian legend Laver himself, Federer opened the match serving and was in trouble early, losing a 28-rally point to set up break point for Murray. But Federer held the game with a stunning cross-court forehand that just looped over the net from the baseline.


Murray, who had not lost a set through five rounds at Melbourne Park this year, had the first service break — on his fourth break point — to lead 2-1. It came in unusually cool summer conditions in Melbourne — breezy and temperatures of only 60 degrees during most of the match.


The crowd was initially evenly split between Federer and Murray supporters — and at times, they were competing to be heard. At one point in the second set, a group of Murray fans wearing white shirts with blue letters spelling his nickname "Muzza" stood to chant Murray's name, while a group of Federer supporters with Swiss flags on their cheeks and shirts chanted Federer's name.


Earlier Friday, top-seeded Sara Errani and Roberta Vinci of Italy won the first title of 2013 at Melbourne Park, beating the unseeded Australian pair of Ashleigh Barty and Casey Dellacqua 6-2, 3-6, 6-2 for the women's doubles championship.


The 16-year-old Barty was attempting to become the youngest Grand Slam champion since Martina Hingis won the Australian Open singles title in 1997.


Li lost the Australian Open final to Kim Clijsters in 2011 two months before winning her first and only Grand Slam at the French Open.


"Last time was more exciting, (more) nervous because it was my first time to be in a final," Li said. "But I think this time (I'm) more calmed down, more cool."


Azarenka leads 5-4 in career matches, including winning the last four times they've played.


"I'm really hungry to defend my title," Azarenka said. "I've put myself in the position to give it the best shot."


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Well: Ask Well: Squats for Aging Knees

You are already doing many things right, in terms of taking care of your aging knees. In particular, it sounds as if you are keeping your weight under control. Carrying extra pounds undoubtedly strains knees and contributes to pain and eventually arthritis.

You mention weight training, too, which is also valuable. Sturdy leg muscles, particularly those at the front and back of the thighs, stabilize the knee, says Joseph Hart, an assistant professor of kinesiology and certified athletic trainer at the University of Virginia, who often works with patients with knee pain.

An easy exercise to target those muscles is the squat. Although many of us have heard that squats harm knees, the exercise is actually “quite good for the knees, if you do the squats correctly,” Dr. Hart says. Simply stand with your legs shoulder-width apart and bend your legs until your thighs are almost, but not completely, parallel to the ground. Keep your upper body straight. Don’t bend forward, he says, since that movement can strain the knees. Try to complete 20 squats, using no weight at first. When that becomes easy, Dr. Hart suggests, hold a barbell with weights attached. Or simply clutch a full milk carton, which is my cheapskate’s squats routine.

Straight leg lifts are also useful for knee health. Sit on the floor with your back straight and one leg extended and the other bent toward your chest. In this position, lift the straight leg slightly off the ground and hold for 10 seconds. Repeat 10 to 20 times and then switch legs.

You can also find other exercises that target the knees in this video, “Increasing Knee Stability.”

Of course, before starting any exercise program, consult a physician, especially, Dr. Hart says, if your knees often ache, feel stiff or emit a strange, clicking noise, which could be symptoms of arthritis.

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DealBook: Making Sense of Wall Street's Trading Revenue

Traders at the top Wall Street firms racked up nearly $80 billion of revenue last year. But understanding how they produced all that money is far from simple.

The financial crisis revealed the dangers of banks having murky balance sheets. And some investors think banks’ disclosures are still inadequate. “The major financial institutions in the U.S. and around the globe are utterly opaque,” Paul Singer, the founder of a large hedge fund called Elliott Management, said last year.

At a conference this week, Mr. Singer clashed with Jamie Dimon, chief executive of JPMorgan Chase, over the subject of bank transparency. In the exchange, Mr. Dimon said hedge funds were hardly transparent and added that JPMorgan’s annual report was 400 pages long.

Trading results are good place to start when assessing whether banks release sufficient information.

At large banks, sales and trading is a major source of revenue, often dwarfing the fees that they earn from arranging deals or managing other people’s money. For instance, Goldman Sachs had sales and trading revenue of $18 billion last year, compared with $5 billion from activities like advising on mergers and handling initial public offerings.

Shareholders benefit from good disclosures because they can better assess what value to place on a bank’s business. Trading revenue is not only large – it can also be extremely volatile, bolstering profits one quarter, then hurting them the next. With the right data, investors can do a better job of identifying what drives revenue up and down.

Another dynamic effects trading these days: regulation. Revenue from trading could decline as new rules stamp out certain types of bets. Tougher capital rules could also make the trading that is allowed more costly for the banks.

When it comes to sales and trading, Wall Street firms have differing levels of disclosure.

Bank of America’s investment bank, which contains some Merrill Lynch operations, arguably has the clearest breakdown of what goes into its trading revenue.

Like all big Wall Street firms, Bank of America says that the vast majority of its trading relates to servicing clients who want to trade in and out of stocks, bonds and derivatives. To facilitate the activity, banks keep such financial assets on their balance sheets to meet customer orders.

Each quarter, Bank of America provides the main contributors to trading revenue in a reasonably easy-to-read format.

The most recent disclosure shows Bank of America’s traders booked revenue of $11.8 billion in 2012. Of that, $3.3 billion came from net interest income, which is the interest and other income earned on the securities that Bank of America holds for market-making, minus the bank’s cost of financing those positions. The revenue also included $1.8 billion from commissions and fees.

The largest contributor in this area is called “trading,” which was responsible for $5.7 billion of revenue last year. For the sake of clarity and consistency, it makes sense to relabel this type of revenue “market-making.” That’s because it mainly represents the gain Bank of America makes when it buys securities and sells them on to clients at a higher price.

It also includes any gains or losses that occur when the bank marks up or reduces the value of the trading assets that it holds on its balance sheet. For instance, when mortgage-backed bonds rallied in the second half of 2012, banks holding such bonds would have booked nice profits as the market price of those bonds went up.

As clear as Bank of America’s disclosures are, it would be helpful to get more details, like which type of securities or derivatives provided the bulk of market-making revenue in any given quarter.

Morgan Stanley and Goldman Sachs appear to come second in the disclosure stakes.

With some minor number crunching, it’s possible to roughly create a Bank of America-style presentation for both firms that show the three main components of sales and trading revenue. And something stands out about Morgan Stanley.

The interest income component of sales and trading is negative at Morgan Stanley. It was minus $1.79 billion last year. That suggests it costs the bank more to finance its trading business than the interest it earns on the securities and derivatives it holds for trading. Goldman Sachs, however, showed positive net interest income last year.

One interpretation is that Morgan Stanley, which has a lower credit rating, has to pay more to finance its positions, putting it at an economic and competitive disadvantage. But the negative number may also be because Morgan Stanley holds fewer higher-yielding assets, and therefore earns less interest than others.

At JPMorgan and Citigroup, disclosures are too generalized to clearly see what the three main contributors are to sales and trading revenue. This makes it far harder for outsiders to judge whether market-making is driving revenue gains, or commissions, or higher interest income.

Expect the opacity debate to continue.

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India Ink: India Rape Trial Starts With Renewed Ban on Media Coverage

The trial of five men accused in the gang rape of a 23-year-old woman in a moving bus in New Delhi is being watched closely as a symbol of India’s commitment to justice for women, but information about the ongoing court proceedings may be scarce.

As court proceedings began Thursday, the presiding judge said  there would be a blanket ban on reporting on the trial. The judge, Yogesh Khanna,  also warned defense lawyers, who have been openly speaking about the case, not to provide information about the proceedings to the press.

The five men accused in the Dec. 16 rape and murder of a physiotherapy student were ushered into the special fast-track court in South Delhi on Thursday at noon, flanked by policemen, with their faces were covered with gray woolen caps. During the two-hour court proceedings, the prosecution used the opening arguments to lay out charges against the men, which include gang rape, murder, robbery and destruction of evidence.

The police allege that the five accused men and a sixth teenager, who is being tried as a juvenile, committed a premeditated, vicious crime that included plans to kill their victim. The woman died nearly two weeks after the rape from injuries suffered during the attack, which included an assault with an iron rod. Her companion, a 29-year-old man, was also beaten, and is expected to testify  at the trial.

The court proceedings took place in room 305 of the Saket District Court complex, a small wood-paneled chamber. The next hearing will be on Monday, when the defendants’ lawyers will respond to the charges the prosecution has laid out.

Separately on Thursday, India’s Juvenile Justice Board rejected a plea that the juvenile, who according to school records is 17 years old, be tried as an adult. The petition, filed by Subramanian Swamy, president of the Janata Party, claimed that the extreme malice of the alleged actions of the juvenile showed that he was not of the “tender age and mind” of a juvenile.

Indian law requires that rape cases be held “in-camera,” allowing only those directly connected with the case to be present in the courtroom, to protect the victim’s identity, and bans publishing of information about the proceedings. The victim has not been named by the media, but her family has spoken openly to the press about her life and their willingness to let her name be used if it were for something that benefitted the public, like new legislation to protect women.

Some are agitating for the proceedings of this trial to be made public, because of the high profile nature of the case. “In this case, what is on trial is the criminal justice system — investigating agencies, the administration and the judiciary,” said Meenakshi Lekhi, a Delhi-based lawyer who has filed a petition in the Delhi High Court challenging the media ban.  The case has “brought women’s rights to the center stage of public discourse,” she said. “This would not have been possible without the media,” she said.

The High Court will hear the petition on February 13.

The new fast-track court will try only cases related to crimes against women, and once trials have started, they will not adjourn for weeks or months, as is common in other courts. Several fast-track courts have already  been set up in Delhi to hear crimes against women in the wake of the Delhi gang rape, which brought thousands of protesters to the streets demanding justice for the victim and other victims of sexual assault.

Judge Khanna ordered  Monday that all court proceedings in ths current case would take place “in camera,” allowing only those directly connected with the case to be present in the courtroom, reiterating an earlier magistrate’s order on the case. He also renewed a blanket ban Monday on the printing or publishing of any information relating to the case’s proceedings.

Defense lawyers were instructed by the court during the proceedings to “honor the spirit” of the gag order, they said, after the special public prosecutor Dayan Krishnan said he would file a petition of contempt of court if lawyers for the defendants continued to brief the media on developments.

V. K. Anand, the lawyer for Ram Singh, one of the accused, confirmed Thursday that he would now also represent Mr. Singh’s brother Mukesh. Mr. Anand and Vivek Sharma, a second lawyer for accused, told the media after Thursday’s court proceedings that they could not answer any further questions.

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NCAA announces problems with Miami investigation


CORAL GABLES, Fla. (AP) — The NCAA's probe of Miami's athletic compliance practices is ramping up again.


Only this time, the Hurricanes aren't exactly the subject of the inquiry.


In a bizarre twist, the college sports' governing body is being investigated after NCAA President Mark Emmert acknowledged on Wednesday "a very severe issue of improper conduct" by former investigators working the long, complex Miami case.


The NCAA said its investigation was based, at least in part, on information that it should not have had access to, the testimony of those who appeared under subpoena to be deposed in the bankruptcy case involving former Miami booster Nevin Shapiro, one of the most notorious Ponzi scheme architects in history.


The NCAA does not have subpoena power. Shapiro's attorney did, and used it — and apparently entered into some sort of contractual agreement with the NCAA, one that apparently either was not or should never have been approved.


"We cannot have the NCAA bringing forward an allegation ... that was collected by processes none of us could stand for," Emmert said. "We're going to move it as fast as possible, but we have to get this right."


Speaking Thursday from Providence, R.I. in a telephone interview, Shapiro's attorney, Maria Elena Perez, told The Associated Press that she has done nothing wrong.


"The dubious party is not me. What I have done is 150 percent above board," Perez said.


Perez said she could not divulge the nature of whatever her contract status with the NCAA, though said she is planning to release a statement in the coming days after meeting with her own attorney.


"I am a victim of the enforcement staff," said Perez, who is a Miami graduate. "Me."


The revelations Wednesday mean the notice of allegations against Miami — the NCAA's findings of wrongdoing, a document that was nearly completed and was expected to be released by the end of this week — will be delayed for at least a few more weeks, if not longer. The long-term ramifications could be more damning for the NCAA, especially if the outside investigator they have commissioned to look into the mess finds more problems.


"As we have done since the beginning, we will continue to work with the NCAA and now with their outside investigator hoping for a swift resolution of the investigation and our case," Miami President Donna Shalala said.


Emmert said two depositions are involved in this allegation of improper conduct by former enforcement-office staffers. One of those two depositions was given Dec. 19, 2011, by former Miami equipment-room staffer Sean Allen — who has been linked to Shapiro and many of the allegations that he made against the university.


Among the questions Allen was asked in that deposition:


— "Did you ever witness Mr. Shapiro paying any money to any University of Miami football or basketball players?"


— "Would it be fair to say that Mr. Shapiro did, in fact, confer various financial benefits on the University of Miami Athletic Program and its players?"


— "Did you ever overhear any of the coaches or any other staff for the University of Miami providing Mr. Shapiro with inside information regarding, you know, the condition of any particular athlete for the purposes of Mr. Shapiro's gambling?"


It's unknown which of Allen's answers caught the NCAA investigators' attention.


What is known publicly now, and has been suspected by some for months, is that those investigators never should have known those questions were asked.


"How in the world can you get this far without it being recognized that this was an inappropriate way to proceed?" Emmert asked.


That's the question that the NCAA wants answered, and fast.


Emmert spoke angrily at times during a half-hour conference call to discuss the findings, in which he revealed that he briefed the NCAA's executive committee and the Division I board presidents with some information about the Miami matter. He said he developed a better understanding of what went on in the days that followed, which led to the hiring of Kenneth L. Wainstein of the firm Cadwalader, Wickersham & Taft LLP to conduct the external review of what happened.


Wainstein, Emmert said, will begin his probe on Thursday, with the NCAA hoping that he can finish within two weeks.


"We want to make sure that any evidence that's brought forward is appropriately collected and it has the integrity that we expect and demand," Emmert said.


It was part of a stunning day for Hurricane athletics: The 25th-ranked men's basketball team routed No. 1 Duke later Wednesday, 90-63.


Emmert said the NCAA was trying to find out why part of the investigation was based on depositions specific to the bankruptcy case against Shapiro, who will have to repay $82.7 million to his victims as part of his sentence. And the timing of this also is curious. Several people who were to be named in the NCAA's notice of allegations against Miami have been told that the document was in the final stages of preparation — and one person who spoke with the AP said at least one person who was to face a charge of wrongdoing was told the letter was scheduled for delivery to Miami on Tuesday.


Now it's anyone's guess when that will happen.


Emmert said the NCAA learned of the alleged misconduct, in part, through legal bills presented by Shapiro's attorney for work that was not properly approved by the organization's general counsel's office.


"One of the questions that has to be answered, unequivocally, is what was the nature of that contractual arrangement and what was all the activity that that individual was involved with," Emmert said. "There is some uncertainty about all of that and it's one of the first orders of business for the firm that we've hired to investigate."


The Hurricanes' athletic compliance practices have been probed by the NCAA for nearly two years. Allegations of wrongdoing involving Miami's football and men's basketball programs became widely known in August 2011 when Yahoo Sports published accusations brought by Shapiro, who is serving a 20-year term in federal prison for masterminding a $930 million Ponzi scheme.


Miami has self-imposed two football postseason bans in response to the investigation. The Hurricanes also would have played in the Atlantic Coast Conference championship game this past season, meaning they could have qualified for the Orange Bowl.


"In my two-and-a-half years I've certainly never seen anything like this, and don't want to see it again," Emmert said.


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Well: Can You Read the Face of Victory?

Picture a tennis player in the moment he scores a critical point and wins a tournament. Now picture his opponent in the instant he loses the point that narrowly cost him the title. Can you tell one facial expression from the other, the look of defeat from the face of victory?

Try your hand at the images below, of professional tennis players at competitive tournaments. All were included in a new study that suggests that the more intense an emotion, the harder it is to distinguish it in a facial expression.

(Photos: Reuters/ASAP, Provided by Princeton University)


The researchers found that when overwhelming feelings set in, the subtle cues that convey emotion are lost, and facial expressions tend to blur. The face of joy and celebration often appears no different from the look of grief and devastation. Winning looks like losing. Pain resembles pleasure.

But that is not the case when it comes to body language. In fact, the new study found, people are better able to identify extreme emotions by reading body language than by looking solely at facial expressions. But even though we pick up on cues from the neck down to interpret emotion, we instinctively assume that it is the face that tells us everything, said Hillel Aviezer, a psychologist who carried out the new research with colleagues at Princeton University.

“When emotions run high, the face becomes more malleable: it’s not clear if there’s positivity or negativity going on there,” he said. “People have this illusion that they’re reading all this information in the face. We found that the face is ambiguous in these situations and the body is critical.”

Dr. Aviezer and his colleagues, who published their work in the journal Science, carried out four experiments in which subjects were asked to identify emotions by looking at photographs of people in various situations. In some cases, the subjects were shown facial expressions alone. In others, they looked at body language, either alone or in combination with faces. The researchers chose photographs taken in moments when emotions were running high – as professional tennis players celebrated or agonized, as loved ones grieved at funerals, as needles punctured skin during painful body piercings.

According to classic behavioral theories, facial expressions are universal indicators of mood and emotion. So the more intense a particular emotion, the easier it should be to identify in the face. But the study showed the exact opposite. As emotions peaked in intensity, expressions became distorted, similar to the way cranking up the volume on a stereo makes the music unrecognizable.

“When emotions are extremely high, it’s as if the speakers are blaring and the signal is degraded,” said Dr. Aviezer, who is now at Hebrew University in Jerusalem. “When the volume is that high, it’s hard to tell what song is playing.”

In one experiment, three groups of 15 people were shown photographs of professional tennis players winning and losing points in critical matches. When the subjects were shown the players’ expressions alone — separated from their bodies — they correctly identified their emotion only half of the time, which was no better than chance. When they looked at images of just the body with the face removed — or the body with the face intact — they were far more accurate at identifying emotions. Yet when asked, 80 percent said they were relying on the facial expressions alone. Twenty percent said they were going by body and facial cues together, and not a single one said they were looking only for gestures from the neck down.

Then, the researchers scrambled the photos, mixing faces and bodies together. The upset faces of players were randomly spliced onto the bodies of celebrating players, and vice versa.

When asked to judge the emotions, the subjects answered according to the body language. The facial expression did not seem to matter. If a losing face was spliced onto a celebrating body, the subjects tended to guess victory and jubilation. If they were looking at the face of an exuberant player placed on the body of an anguished player, the subjects guessed defeat and disappointment.

Although they were not aware of it, the subjects were clearly looking at body language, Dr. Aviezer said. Clenched fists, for example, suggested victory and celebration, while open or outstretched hands indicated a player’s disappointment.

In another experiment, the researchers looked at four other emotional “peaks.” For pain, they used the faces of men and women undergoing piercings. Grief was captured in images of mourners at a funeral. For joy, they used images of people on the reality television show “Extreme Makeover: Home Edition,” capturing their impassioned faces at the very moment they were shown their beautiful, brand new homes. And for pleasure, they went with a rather risqué option: images from an erotic Web site that showed faces at the height of orgasm.

Once again, the subjects could not correctly guess the emotions by looking at facial expressions alone. In fact, they were more likely to interpret “positive” faces as being “negative” more than the actual negative ones. When faces showing pleasure were spliced onto the body of someone in pain, for example, the subjects relied on body language and were often unaware that the facial expression was conveying the opposite emotion.

“There’s this point on ‘Extreme Makeover’ where people see their new house for the first time and the camera is on their face, so we have these wonderful photos of their expressions,” Dr. Aviezer said. “At that moment, they look like the most miserable people in the world. For a few seconds, it’s as if they are seeing their house burn down. They don’t look like you would expect.”

The researchers noted that they were not suggesting that facial expressions never indicate specific feelings – only that when the emotion is intense and at its peak, for those first few seconds, the expression is ambiguous. Dr. Aviezer said the facial musculature simply might not be suited for accurately conveying extremely intense feelings – in part because in the real world, so much of that is conveyed through situational context.

And this may not be limited to facial cues.

“Consider intense vocal expressions of grief versus joy or pleasure versus pain,” the researchers wrote in their paper. For example, imagine sitting in a coffee shop and hearing someone behind you shriek. Is it immediately obvious whether the emotion is a positive or negative one?

“When people are experiencing a very high level of excitation,” Dr. Aviezer said, “then we see this overlap in expressions.”

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DealBook: Choice for S.E.C. Is Ex-Prosecutor, in Signal to Wall St.

President Obama is tapping Mary Jo White, a former United States attorney turned white-collar defense lawyer, to be the next chairwoman of the Securities and Exchange Commission, according to the White House.

Mr. Obama is set to announce the nomination at the White House on Thursday afternoon at 2:30. As part of the event, the White House will also renominate Richard Cordray to lead the Consumer Financial Protection Bureau, a role he has held for the last year under a recess appointment.

In its choice of Ms. White and Mr. Cordray, the White House is sending a signal about the importance of holding Wall Street accountable for wrongdoing. Both are former prosecutors.

Regulatory chiefs are often market experts or academics. But Ms. White, now a partner at Debevoise & Plimpton, spent nearly a decade as United States attorney in New York, the first woman named to this post. Among her prominent cases, she oversaw the prosecution of the mafia boss John Gotti as well as the people responsible for the 1993 World Trade Center bombing.

As the attorney general of Ohio, Mr. Cordray made a name for himself suing Wall Street companies in the wake of the financial crisis. He undertook a series of prominent lawsuits against big names in the finance world, including Bank of America and the American International Group.

The White House expects Ms. White and Mr. Cordray to draw on their prosecutorial backgrounds while carrying out a broad regulatory agenda under the Dodd-Frank Act. Congress enacted the law, which mandates a regulatory overhaul, in response to the 2008 financial crisis.

“The president will name two individuals to serve in top enforcement roles in his administration to help ensure we are effectively implementing these reforms so that Wall Street is held accountable and middle-class Americans never again are harmed by the abuses of a few,” a White House official said.

Ms. White will succeed Elisse B. Walter, a longtime S.E.C. official, who took over as chairwoman after Mary L. Schapiro stepped down as the agency’s leader in December. Mr. Cordray joined the consumer bureau in 2011 as its enforcement director.

The nominations could face a mixed reception in Congress. The Senate already declined to confirm Mr. Cordray, with Republicans vowing to block any candidate for the consumer bureau, a new agency created to rein in the financial industry’s excesses. It is unclear whether the White House and Mr. Cordray will face another standoff the second time around.

Ms. White, 65, is expected to receive broad support. But she could face questions about her command of arcane financial minutiae. She was a director of the Nasdaq stock market, but has otherwise built her career on the law-and-order side of the securities industry.

People close to the S.E.C. note, however, that her husband, John W. White, is a veteran of the agency. From 2006 through 2008, he was head of the S.E.C.’s division of corporation finance, which oversees public companies’ disclosures and reporting.

Some Democrats also might question her path through the revolving door, in and out of government. While seen as a strong enforcer as a United States attorney, she went on in private practice to defend some of Wall Street’s biggest names, including Kenneth D. Lewis, a former head of Bank of America.

Still, consumer advocates generally praised her appointment on Thursday. “Mary Jo White was a tough, smart, no-nonsense, broadly experienced and highly accomplished prosecutor,” said Dennis Kelleher, head of Better Markets, the nonprofit advocacy group. “She knew who the bad guys were, went after them and put them in prison when they broke the law.”

The appointment comes after the departure of Ms. Schapiro, who announced she would step down from the S.E.C. in late 2012. In a four-year tenure, she overhauled the agency after it was blamed for missing the warning signs of the crisis.

Since her exit, Washington and Wall Street have been abuzz with speculation about the next S.E.C. chief. President Obama quickly named Ms. Walter, then a Democratic commissioner at the agency, but her appointment was seen as a short-term solution.

In the wake of Ms. Schapiro’s exit, several other contenders surfaced, including Sallie L. Krawcheck, a longtime Wall Street executive. Richard G. Ketchum, chairman and chief executive of the Financial Industry Regulatory Authority, Wall Street’s internal policing organization, was also briefly mentioned as a long-shot contender.

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The Lede Blog: Clinton Testifies on Benghazi Attacks

The Lede followed Secretary of State Hillary Rodham Clinton’s testimony Wednesday before the Senate Foreign Relations Committee about the Sept. 11, 2012, attacks on the American Consulate in the eastern city of Benghazi, Libya, that killed Ambassador Chris Stevens and three other Americans.

Mrs. Clinton had been scheduled to testify before Congress last month, but an illness, a concussion and a blood clot near her brain forced her to postpone her appearance.

As our colleagues Michael R. Gordon and Eric Schmitt reported, four State Department officials were removed from their posts on last month after an independent panel criticized the “grossly inadequate” security at a diplomatic compound in Benghazi.

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