Why more didn't die in Ore. mall shooting

Citizens' coolheadedness and individual preparation for coping with gunfire in public settings may have curtailed the casualty count from Tuesday's shooting at a Portland, Ore., shopping mall, law officers suggested on the day after the tragedy.

Two people died and one was critically wounded before the shooter, 22-year-old Jacob Tyler Roberts of Portland, killed himself a few minutes after running into the food court at the Clackamas Town Center mall. Officials say Mr. Roberts, wearing camouflage and a white hockey mask, had methodically fired "multiple" rounds from an assault-style rifle at random shoppers.

Most of the 10,000 Christmas shoppers at the mall appeared nearly as ready and able as police to deal with a gunman appearing suddenly in their midst, Clackamas County Sheriff Craig Roberts said on Wednesday.

"Many people have asked me why there were so few victims during this incident," said Sheriff Roberts. He listed the fact that Mr. Roberts's AR-15 semiautomatic rifle intermittently jammed and noted a well-practiced mall lockdown procedure. But he also credited "10,000 people in the mall who at one time kept a level head, got themselves out of the mall, helped others get out, secured themselves in stores.… It was really about a whole group of people coming together to make a difference."

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Law officers said during a Wednesday press conference that they did not know whether any member of the public carrying a concealed weapon had counterattacked Roberts. But they said they are certain that Roberts died by his own hand after fleeing down a stairwell from the mall's upper level.

The death rate from mass shootings has ticked up slightly in recent years, even as deaths in single-victim incidents have decreased, according to a recent analysis of FBI crime data by the Huffington Post. The worst recent mass shooting came in July in Aurora, Colo., where a gunman killed 12 people and injured 58 during a midnight screening of a new "Batman" movie.

Gun-control advocates seized on the mall shooting as a possible result of the expiration in 2004 of a national ban on assault weapons.

"Santa Claus could have been shot in the mall," said Penny Okamoto, executive director of Ceasefire Oregon, in an interview with the Portland Tribune. "If you're sick of this, you should call your legislators to tell them to fix the laws so that assault weapons don't end up in the hands of felons."

Many versions of the AR-15 were banned under the assault weapons law, but it's not known if the gun used in the Clackamas mall shooting was one of them.

Police said Roberts had no criminal record and had stolen the AR-15 from "someone he knew."

Does the collected response by shoppers at the Clackamas Town Center indicate that Americans are becoming less daunted by senseless violence and, perhaps, better ready to react? Those who back broad gun rights under the Constitution's Second Amendment suggest a shift may be under way in people's readiness to respond.

In blocking Illinois's ban on concealed weapons, the last such law in the nation, Seventh US Circuit Court of Appeals Judge Richard Posner on Tuesday implied that self-defense readiness in public is not only protected by the US Constitution, but may be good social policy. An awareness "that many law-abiding citizens are walking the streets armed may make criminals timid," he wrote in his ruling.

"As far as a social shift, I think people are getting more intelligent and appropriate in their reactions to shooters," says Dave Kopel, research director at the Independence Institute, a libertarian-leaning think tank in Golden, Colo. "Police training has changed in significant ways since the Columbine [High School] shooting [in 1999], where they no longer wait for the SWAT team to arrive but go in immediately with … the army they have. There's also an awareness [among police and the public] that if you're trying to stop a gangster from robbing a liquor store, you may have a [heck] of a fight on your hands, but that these publicity-seeking guys with mental illness, they basically crumble at first opposition."

The upshot, says Mr. Kopel: "Lying down and cowering doesn't seem to work very well, so law enforcement has gotten smarter and civilians have gotten smarter."

In Clackamas County, Sheriff Roberts said local law-enforcement personnel had trained earlier this year for a shooting scenario at Clackamas Town Center, an exercise that involved both police and retailers. On Tuesday, arriving police, in keeping with evolving police tactics nationwide, formed small teams and quickly entered the mall to pursue the shooter. Police could not say Wednesday whether any officers saw the shooter before he killed himself.

Dennis Curtis, the mall's general manager, noted that police officers told him that they were amazed "how many stores were secured and people were locked in place" upon entering the mall to look for the shooter.

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China revokes new Shanghai Catholic bishop's title

BEIJING (AP) — In a fresh challenge to Vatican authority, China has revoked the title of a new Catholic bishop in Shanghai who outraged Chinese officials by immediately dropping out of the government agency that oversees the country's officially sanctioned church, religious officials said Thursday.

Ma Daqin, who was jointly named for the post in a rare consensus between Beijing and the Vatican, has been confined to a seminary since he announced his intention to drop out of the Chinese Catholic Patriotic Association in front of a congregation during his July 7 ordination as auxiliary bishop.

The move by Ma, 44, was seen as challenging China's attempts to run the country's Catholic church independently of the Vatican.

A Shanghai church official, speaking on condition of anonymity because of the sensitivity of the matter, said the decision by Chinese officials to revoke Ma's title was announced at an internal meeting this week. He said no reason was given for the revocation.

The Rev. Jeroom Heyndrickx, of Belgium's Catholic University of Leuven, and the Rev. Bernardo Cervellera, editor-in-chief of AsiaNews, said Chinese colleagues had informed them of the development earlier this week.

The Chinese Catholic Patriotic Associated declined to comment.

The Vatican does not formally recognize the association and says the Chinese church should take its orders directly from Rome. The selection of bishops has been one of the most contentious issues between the sides, with the Chinese association saying it has the right to make independent appointments in defiance of Rome's insistence that only it has that power.

Ma's announcement in July had been greeted with applause by hundreds of worshippers in Shanghai's Cathedral of St. Ignatius, the seat of one of China's largest, wealthiest and most independent dioceses. He was taken away by officials immediately after the service and has not been seen in public since, with the Shanghai diocese saying he is in retreat at the seminary at Sheshan on the outskirts of Shanghai.

Days after Ma's announcement, the Patriotic Association issued a two-sentence statement saying it was investigating his ordination. Scores of priests and nuns were interviewed and seminary classes and other internal church activities either canceled or delayed.

Another Catholic website, ucanews, said Ma had been suspended from performing priestly duties for two years and would remain in the seminary indefinitely.

Ma's ordination, with the approval of both sides, had been seen as a hopeful sign that a China-Vatican dialogue that broke down in 2010 was back on track. The pope had issued the Vatican's approval of Beijing's selection of Ma to take over as auxiliary, giving him day-to-day control over the Shanghai diocese and placing him next in line after 97-year-old Shanghai Bishop Jin Luxian.

Cervellera said the Shanghai diocese had handed Ma's case to more hardline officials in Beijing, resulting in the harsh punishment. China's officially atheistic Communist Party wants not only the right to approve bishops, but also to fire those who get out of line, he said.

"The situation is very serious," Cervellera said.

Heyndrickx, who has traveled frequently to China over the past three decades, said the action against Ma was "not conducive to dialogue" but that the situation would remain in flux until new communist leader Xi Jinping consolidates his power. Concessions would likely be needed on both sides, such as China releasing detained underground priests, and the Vatican recognizing bishops appointed without its prior agreement, he said.

"Contact, communication, and dialogue is the only way out of the current impasse," Heyndrickx said, adding that both sides would remain firm in their public statements, but that back-channel discussions would likely continue.

China has an estimated 8 million to 12 million Catholics, around half of whom worship in underground congregations. The Communist Party ordered Catholics to cut ties with the Holy See in the 1950s, and persecuted the church for years until restoring a degree of religious freedom and freeing imprisoned priests in the late 1970s.

The current tensions come five years after Pope Benedict XVI called for reconciliation between the underground and government-affiliated congregations in China. Beijing ultimately rejected the appeal as interference in its internal affairs.

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This Kid Dances Better Than a Cheerleader

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

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So we were ready to toss this video aside after the first few seconds. Our thinking: we have seen way more “Gangnam Style” videos than we ever wanted to … but, we’re glad we stayed for the whole thing. 

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In the coming weeks nerds will proclaim that you will need to see The Hobbit despite its terrible reviews. When they do, and they will, just show them this trailer and its really solid Sean Bean theorem: 

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So this is Frank Ocean singing Radiohead (quite well). And this is also the video which you should have handy the next time your boss catches you YouTubing that terrible (but really great) Ke$ ha song. 

Old dogs, new tricks? 

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Indian sitar virtuoso Ravi Shankar dies at 92

NEW DELHI (AP) — With an instrument perplexing to most Westerners, Ravi Shankar helped connect the world through music. The sitar virtuoso hobnobbed with the Beatles, became a hippie musical icon and spearheaded the first rock benefit concert as he introduced traditional Indian ragas to Western audiences over nearly a century.

From George Harrison to John Coltrane, from Yehudi Menuhin to David Crosby, his connections reflected music's universality, though a gap persisted between Shankar and many Western fans. Sometimes they mistook tuning for tunes, while he stood aghast at displays like Jimi Hendrix's burning guitar.

Shankar died Tuesday at age 92. A statement on his website said he died in San Diego, near his Southern California home with his wife and a daughter by his side. The musician's foundation issued a statement saying that he had suffered upper respiratory and heart problems and had undergone heart-valve replacement surgery last week.

Indian Prime Minister Manmohan Singh also confirmed Shankar's death and called him a "national treasure."

Labeled "the godfather of world music" by Harrison, Shankar helped millions of classical, jazz and rock lovers discover the centuries-old traditions of Indian music.

"He was legend of legends," Shivkumar Sharma, a noted santoor player who performed with Shankar, told Indian media. "Indian classical was not at all known in the Western world. He was the musician who had that training ... the ability to communicate with the Western audience."

He also pioneered the concept of the rock benefit with the 1971 Concert For Bangladesh. To later generations, he was known as the estranged father of popular American singer Norah Jones.

His last musical performance was with his other daughter, sitarist Anoushka Shankar Wright, on Nov. 4 in Long Beach, California; his foundation said it was to celebrate his 10th decade of creating music. The multiple Grammy winner learned that he had again been nominated for the award the night before his surgery.

"It's one of the biggest losses for the music world," said Kartic Seshadri, a Shankar protege, sitar virtuoso and music professor at the University of California, San Diego. "There's nothing more to be said."

As early as the 1950s, Shankar began collaborating with and teaching some of the greats of Western music, including violinist Menuhin and jazz saxophonist Coltrane. He played well-received shows in concert halls in Europe and the United States, but faced a constant struggle to bridge the musical gap between the West and the East.

Describing an early Shankar tour in 1957, Time magazine said. "U.S. audiences were receptive but occasionally puzzled."

His close relationship with Harrison, the Beatles lead guitarist, shot Shankar to global stardom in the 1960s.

Harrison had grown fascinated with the sitar, a long-necked string instrument that uses a bulbous gourd for its resonating chamber and resembles a giant lute. He played the instrument, with a Western tuning, on the song "Norwegian Wood," but soon sought out Shankar, already a musical icon in India, to teach him to play it properly.

The pair spent weeks together, starting the lessons at Harrison's house in England and then moving to a houseboat in Kashmir and later to California.

Gaining confidence with the complex instrument, Harrison recorded the Indian-inspired song "Within You Without You" on the Beatles' "Sgt. Pepper's Lonely Hearts Club Band," helping spark the raga-rock phase of 60s music and drawing increasing attention to Shankar and his work.

Shankar's popularity exploded, and he soon found himself playing on bills with some of the top rock musicians of the era. He played a four-hour set at the Monterey Pop Festival and the opening day of Woodstock.

Though the audience for his music had hugely expanded, Shankar, a serious, disciplined traditionalist who had played Carnegie Hall, chafed against the drug use and rebelliousness of the hippie culture.

"I was shocked to see people dressing so flamboyantly. They were all stoned. To me, it was a new world," Shankar told Rolling Stone of the Monterey festival.

While he enjoyed Otis Redding and the Mamas and the Papas at the festival, he was horrified when Hendrix lit his guitar on fire.

"That was too much for me. In our culture, we have such respect for musical instruments, they are like part of God," he said.

In 1971, moved by the plight of millions of refugees fleeing into India to escape the war in Bangladesh, Shankar reached out to Harrison to see what they could do to help.

In what Shankar later described as "one of the most moving and intense musical experiences of the century," the pair organized two benefit concerts at Madison Square Garden that included Eric Clapton, Bob Dylan and Ringo Starr.

The concert, which spawned an album and a film, raised millions of dollars for UNICEF and inspired other rock benefits, including the 1985 Live Aid concert to raise funds for famine relief in Ethiopia and the 2010 Hope For Haiti Now telethon.

Ravindra Shankar Chowdhury was born April 7, 1920, in the Indian city of Varanasi.

At the age of 10, he moved to Paris to join the world famous dance troupe of his brother Uday. Over the next eight years, Shankar traveled with the troupe across Europe, America and Asia, and later credited his early immersion in foreign cultures with making him such an effective ambassador for Indian music.

During one tour, renowned musician Baba Allaudin Khan joined the troupe, took Shankar under his wing and eventually became his teacher through 7 1/2 years of isolated, rigorous study of the sitar.

"Khan told me you have to leave everything else and do one thing properly," Shankar told The Associated Press.

In the 1950s, Shankar began gaining fame throughout India. He held the influential position of music director for All India Radio in New Delhi and wrote the scores for several popular films. He began writing compositions for orchestras, blending clarinets and other foreign instruments into traditional Indian music.

And he became a de facto tutor for Westerners fascinated by India's musical traditions.

He gave lessons to Coltrane, who named his son Ravi in Shankar's honor, and became close friends with Menuhin, recording the acclaimed "West Meets East" album with him. He also collaborated with flutist Jean Pierre Rampal, composer Philip Glass and conductors Andre Previn and Zubin Mehta.

"Any player on any instrument with any ears would be deeply moved by Ravi Shankar. If you love music, it would be impossible not to be," singer Crosby, whose band The Byrds was inspired by Shankar's music, said in the book "The Dawn of Indian Music in the West: Bhairavi."

Shankar's personal life, however, was more complex.

His 1941 marriage to Baba Allaudin Khan's daughter, Annapurna Devi, ended in divorce. Though he had a decades-long relationship with dancer Kamala Shastri that ended in 1981, he had relationships with several other women in the 1970s.

In 1979, he fathered Norah Jones with New York concert promoter Sue Jones, and in 1981, Sukanya Rajan, who played the tanpura at his concerts, gave birth to his daughter Anoushka.

He grew estranged from Sue Jones in the 80s and didn't see Norah for a decade, though they later re-established contact.

He married Rajan in 1989 and trained young Anoushka as his heir on the sitar. In recent years, father and daughter toured the world together.

The statement she and her mother released said, "Although it is a time for sorrow and sadness, it is also a time for all of us to give thanks and to be grateful that we were able to have him as part of our lives."

When Jones shot to stardom and won five Grammy awards in 2003, Anoushka Shankar was nominated for a Grammy of her own.

Shankar himself won three Grammy awards and was nominated for an Oscar for his musical score for the movie "Gandhi." His album "The Living Room Sessions, Part 1" earned him his latest Grammy nomination, for best world music album.

Despite his fame, numerous albums and decades of world tours, Shankar's music remained a riddle to many Western ears.

Shankar was amused after he and colleague Ustad Ali Akbar Khan were greeted with admiring applause when they opened the Concert for Bangladesh by twanging their sitar and sarod for a minute and a half.

"If you like our tuning so much, I hope you will enjoy the playing more," he told the confused crowd, and then launched into his set.

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Nessman reported from Bangkok. Associated Press writer Julie Watson in San Diego contributed to this report.

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DA investigating Texas' troubled $3B cancer agency

AUSTIN, Texas (AP) — Turmoil surrounding an unprecedented $3 billion cancer-fighting effort in Texas worsened Tuesday when its executive director offered his resignation and the state's chief public corruption prosecutor announced an investigation into the beleaguered agency.

No specific criminal allegations are driving the latest probe into the Cancer Prevention and Research Institute of Texas, said Gregg Cox, director of the Travis County district attorney's public integrity unit. But his influential office opened a case only weeks after the embattled agency disclosed that an $11 million grant to a private company bypassed review.

That award is the latest trouble in a tumultuous year for CPRIT, which controls the nation's second-largest pot of cancer research dollars. Amid the mounting problems, the agency announced Tuesday that Executive Director Bill Gimson had submitted his letter of resignation.

"Unfortunately, I have also been placed in a situation where I feel I can no longer be effective," Gimson wrote in a letter dated Monday.

Gimson said the troubles have resulted in "wasted efforts expended in low value activities" at the agency, instead of a focused fight against cancer. Gimson offered to stay on until January, and the agency's board must still approve his request to step down.

His departure would complete a remarkable house-cleaning at CPRIT in a span of just eight months. It began in May, when Dr. Alfred Gilman resigned as chief science officer in protest over a different grant that the Nobel laureate wanted approved by a panel of scientists. He warned it would be "the bomb that destroys CPRIT."

Gilman was followed by Chief Commercialization Officer Jerry Cobbs, whose resignation in November came after an internal audit showed Cobbs included an $11 million proposal in a funding slate without a required outside review of the project's merits. The lucrative grant was given to Dallas-based Peloton Therapeutics, a biomedical startup.

Gimson chalked up Peloton's award to an honest mistake and has said that, to his knowledge, no one associated with CPRIT stood to benefit financially from the company receiving the taxpayer funds. That hasn't satisfied some members of the agency's governing board, who called last week for more assurances that no one personally profited.

Cox said he has been following the agency's problems and his office received a number of concerned phone calls. His department in Austin is charged with prosecuting crimes related to government officials; his most famous cases include winning a conviction against former U.S. House Majority Leader Tom DeLay in 2010 on money laundering charges.

"We have to gather the facts and figure what, if any, crime occurred so that (the investigation) can be focused more," Cox said.

Gimson's resignation letter was dated the same day the Texas attorney general's office also announced its investigation of the agency. Cox said his department would work cooperatively with state investigators, but he made clear the probes would be separate.

Peloton's award marks the second time this year that a lucrative taxpayer-funded grant authorized by CPRIT instigated backlash and raised questions about oversight. The first involved the $20 million grant to M.D. Anderson Cancer Center in Houston that Gilman described as a thin proposal that should have first been scrutinized by an outside panel of scientific peer-reviewers, even though none was required under the agency's rules.

Dozens of the nation's top scientists agreed. They resigned en masse from the agency's peer-review panels along with Gilman. Some accused the agency of "hucksterism" and charting a politically-driven path that was putting commercial product-development above science.

The latest shake-up at CPRIT caught Gilman's successor off-guard. Dr. Margaret Kripke, who was introduced to reporters Tuesday, acknowledged that she wasn't even sure who she would be answering to now that Gimson was stepping down. She said that although she wasn't with the agency when her predecessor announced his resignation, she was aware of the concerns and allegations.

"I don't think people would resign frivolously, so there must be some substance to those concerns," Kripke said.

Kripke also acknowledged the challenge of restocking the peer-review panels after the agency's credibility was so publicly smeared by some of the country's top scientists. She said she took the job because she felt the agency's mission and potential was too important to lose.

Only the National Institutes of Health doles out more cancer research dollars than CPRIT, which has awarded more than $700 million so far.

Gov. Rick Perry told reporters in Houston on Tuesday that he wasn't previously aware of the resignation but said Gimson's decision to step down was his own.

Joining the mounting criticism of CPRIT is the woman credited with brainstorming the idea for the agency in the first place. Cathy Bonner, who served under former Texas Gov. Ann Richards, teamed with cancer survivor Lance Armstrong in selling Texas voters in 2007 on a constitutional amendment to create an unprecedented state-run effort to finance a war on disease.

Now Bonner says politics have sullied an agency that she said was built to fund research, not subsidize private companies.

"There appears to be a cover-up going on," Bonner said.

Peloton has declined comment about its award and has referred questions to CPRIT. The agency has said the company wasn't aware that its application was never scrutinized by an outside panel, as required under agency rules.

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Follow Paul J. Weber on Twitter: www.twitter.com/pauljweber

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Gunman kills 2, then self at Oregon mall

A masked gunman opened fire today at Clackamas Town Center, a mall in suburban Portland, Ore., killing two people, injuring one, and then killing himself.

"I can confirm the shooter is dead of an apparent self inflicted gunshot wound," Lt. James Rhodes of the Clackamas County, Ore., Sheriff's Department said today. "By all accounts there were no rounds fired by law enforcement today in the mall."

Police have not released the names of the deceased. Rhodes said authorities are in the process of notifying victims' families. The injured victim has been transported to a local hospital.

Rhodes described the shooter as an adult male.

Witnesses from the shooting rampage said that a young man in a white hockey mask and bulletproof vest tore through the Macy's, food court, and mall hallways firing rounds at shoppers beginning around 3:30 p.m. PT today.

Hundreds of people were evacuated from the busy mall full of holiday shoppers after the shooting began.

READ: Guns in America: A Statistical Look

The gunman entered the mall through a Macy's store, ran through the upper level of Macy's and opened fire near the mall food court, firing multiple shots, one right after another, with what is believed to be a black, semiautomatic rifle, according to witness reports.

Amber Tate said she was in the parking lot of the mall when she saw the shooter run by, wearing a mask and carrying a machine gun, headed for the Macy's.

"He looked like a teenager wearing a gun, like a bullet-proof vest and he had a machine, like an assault rifle and a white mask and he looked at me," she said.

Witnesses described the shooter as being on a mission and determined, looking straight ahead. He then seemed to walk through the mall toward the other end of the building, shooting along the way, according to witness reports.

Those interviewed said that Macy's shoppers and store employees huddled in a dressing room to avoid being found.

"I was helping a customer in the middle of the store, her and her granddaughter and while we were looking at sweatshirts we heard five to seven shots from a machine gun fire just outside my store," Jacob Rogers, a store clerk, told ABC affiliate KATU-TV in Portland.

"We moved everyone into the back room where there's no access to outside but where there's a camera so we can monitor what's going on out front," Rogers said.

Evan Walters, an employee at a store in the mall, told ABC News Radio that he was locked in a store for his safety and he saw two people shot and heard multiple gunshots.

"It was over 20, and it was kind of surreal because we hear pops and loud noises," he said. "We're next to the food court here and we hear pops and loud noises all the time, but we don't -- nothing like that. It was very definite gunshots."

Police are tracing the weapon used in the shooting.

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Experts: Station's royal hoax call may be illegal

SYDNEY (AP) — The Australian radio station behind a hoax phone call to the London hospital where the pregnant Duchess of Cambridge was being treated could face criminal charges for airing the conversation, legal experts said Tuesday.

Last week's prank was widely condemned days after it aired, after the still-unexplained death of a nurse who answered the phone and helped two DJs get confidential information about the former Kate Middleton's health. But when it comes to a potential criminal case, the question is not about the death; it's whether a private conversation was broadcast without the permission of the participants.

Violators could be sentenced to prison, but it's unclear who at radio station 2DayFM or its parent company, Southern Cross Austereo, made the decision to air the call. The DJs have said executives above them made the decision, but a former 2DayFM host who orchestrated many pranks for the station said DJs were always involved in such decisions while she was there.

Southern Cross Austereo has said the station had tried five times to contact the hospital, but privacy law expert Barbara McDonald said that could prove to be an inadequate defense.

"Seems to me that saying, 'We tried to call,' shows that they knew they should, and they've made a decision to go ahead knowing that they have not got permission," said McDonald, a law professor at the University of Sydney. "I don't know whether it makes the situation better, or worse."

The New South Wales state Surveillance Devices Act prohibits the broadcast of recorded private conversations without participants' permission, with violations punishable by up to 5 years in prison and a fine of up to 55,000 Australian dollars ($58,000).

McDonald said the Commercial Radio Code of Practice has a similar ban, but she added that even if Australia's media watchdog found violations, the most extreme punishment — loss of license — is almost unheard of.

Australian authorities have said little about any possible investigation. State police have said only that they've been in contact with their London counterparts and are ready to assist them in any British investigation.

Radio hosts Mel Greig and Michael Christian called London's King Edward VII Hospital last week. Pretending to be Queen Elizabeth II and Prince Charles, they asked for word on the Duchess of Cambridge, who had been suffering from severe morning sickness. Jacintha Saldanha, the nurse who answered the phone, put them through to the ward, and the duo received confidential information on the duchess' condition that was later aired.

The radio station trumpeted the prank call until Friday, when Saldanha was found dead. Police have not disclosed the cause of Saldanha's death, but many have assumed it was related to the stress from the call. An autopsy was to be held Tuesday.

Grieg and Christian tearfully apologized for the prank in televised interviews Monday, after days of condemnation in countless Internet posts around the world.

Southern Cross Austereo also has apologized, but it has repeatedly insisted it followed the law. The company said in a statement Monday that the segment underwent an internal legal review before it was broadcast.

The company "does not consider that the broadcast of the segment has breached any relevant law, regulation or code," Austereo said, adding it would cooperate with any investigation.

On Monday, Austereo CEO Rhys Holleran said 2DayFM had tried five times, without success, to contact the London hospital to discuss the prank before it aired. The King Edward VII Hospital denied its management had been contacted by 2DayFM.

Media law expert Mark Pearson said that even if the station had tried to contact the hospital, that isn't enough under the law. He said permission must be granted by the person involved.

If the case went to court, it is possible that a judge could decide that an attempt at getting permission was sufficient, but only if the lawyers could prove that any "reasonable person" would agree that enough was done, said Pearson, a journalism professor at Bond University in Queensland state. He considered such a ruling to be a longshot.

"I think lawyers would be hard-pressed to argue that a few unprovable phone calls was enough to show that there had been a reasonable attempt to get permission," he said.

The case also could be investigated by the Australian Communications and Media Authority, the country's media watchdog. McDonald, the University of Sydney professor, said that stations found in violation generally are given warnings or told to train staff in proper procedures.

The authority has said it has received complaints about the hoax call and is looking into the case, but has not yet launched an official investigation.

Greig and Christian's comments Monday about higher-ups making the decision to air the call only raised more questions for Wendy Harmer, who hosted a morning show at 2DayFM from 1993 until resigning in late 2003.

Harmer said that when she was a DJ, she played an integral role in those decisions, and personally approved the many on-air pranks that she was responsible for.

The program producer, program manager and station manager needed to approve segments as well, Harmer said. She added that some segments were brought even higher to the group station manager for approval.

"If you're a DJ, and you're in front of the microphone, this is a very powerful medium and you should be absolutely apprised of all your responsibilities and all the rights of the audience," Harmer said. "And so to hear a couple of DJs who didn't seem to understand what those were was, I must say, alarming."

She added the company's statements that it had sought permission five times, and that the hoax call underwent legal review, are signals that the company knew "there's something big going down."

"I would say, 'If we have to bring the lawyers in, I'm not going to do it.' But I can say that with hindsight," she said.

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Luke Bryan cleans up at ACAs with 9 awards

Luke Bryan didn't want the American Country Awards to end.

He cleaned up during the fan-voted show, earning nine awards, including artist and album of the year. His smash hit "I Don't Want This Night To End" was named single and music video of the year.

Miranda Lambert took home the second most guitar trophies with three. Jason Aldean was named touring artist of the year. Carrie Underwood won female artist of the year, and a tearful Lauren Alaina won new artist of the year.

Bryan, Aldean, Keith Urban, Lady Antebellum and Trace Adkins with Lynyrd Skynrd were among the high-energy performances.

The third annual ACAs were held at Mandalay Bay in Las Vegas Monday night.

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Online: http://www.theACAs.com

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Follow http://www.twitter.com/AP_Country for the latest country music news from The Associated Press.

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New tests could hamper food outbreak detection

WASHINGTON (AP) — It's about to get faster and easier to diagnose food poisoning, but that progress for individual patients comes with a downside: It could hurt the nation's ability to spot and solve dangerous outbreaks.

Next-generation tests that promise to shave a few days off the time needed to tell whether E. coli, salmonella or other foodborne bacteria caused a patient's illness could reach medical laboratories as early as next year. That could allow doctors to treat sometimes deadly diseases much more quickly — an exciting development.

The problem: These new tests can't detect crucial differences between different subtypes of bacteria, as current tests can. And that fingerprint is what states and the federal government use to match sick people to a contaminated food. The older tests might be replaced by the new, more efficient ones.

"It's like a forensics lab. If somebody says a shot was fired, without the bullet you don't know where it came from," explained E. coli expert Dr. Phillip Tarr of Washington University School of Medicine in St. Louis.

The federal Centers for Disease Control and Prevention warns that losing the ability to literally take a germ's fingerprint could hamper efforts to keep food safe, and the agency is searching for solutions. According to CDC estimates, 1 in 6 Americans gets sick from foodborne illnesses each year, and 3,000 die.

"These improved tests for diagnosing patients could have the unintended consequence of reducing our ability to detect and investigate outbreaks, ultimately causing more people to become sick," said Dr. John Besser of the CDC.

That means outbreaks like the salmonella illnesses linked this fall to a variety of Trader Joe's peanut butter might not be identified that quickly — or at all.

It all comes down to what's called a bacterial culture — whether labs grow a sample of a patient's bacteria in an old-fashioned petri dish, or skip that step because the new tests don't require it.

Here's the way it works now: Someone with serious diarrhea visits the doctor, who gets a stool sample and sends it to a private testing laboratory. The lab cultures the sample, growing larger batches of any lurking bacteria to identify what's there. If disease-causing germs such as E. coli O157 or salmonella are found, they may be sent on to a public health laboratory for more sophisticated analysis to uncover their unique DNA patterns — their fingerprints.

Those fingerprints are posted to a national database, called PulseNet, that the CDC and state health officials use to look for food poisoning trends.

There are lots of garden-variety cases of salmonella every year, from runny eggs to a picnic lunch that sat out too long. But if a few people in, say, Baltimore have salmonella with the same molecular signature as some sick people in Cleveland, it's time to investigate, because scientists might be able narrow the outbreak to a particular food or company.

But culture-based testing takes time — as long as two to four days after the sample reaches the lab, which makes for a long wait if you're a sick patient.

What's in the pipeline? Tests that could detect many kinds of germs simultaneously instead of hunting one at a time — and within hours of reaching the lab — without first having to grow a culture. Those tests are expected to be approved as early as next year.

This isn't just a science debate, said Shari Shea, food safety director at the Association of Public Health Laboratories.

If you were the patient, "you'd want to know how you got sick," she said.

PulseNet has greatly improved the ability of regulators and the food industry to solve those mysteries since it was launched in the mid-1990s, helping to spot major outbreaks in ground beef, spinach, eggs and cantaloupe in recent years. Just this fall, PulseNet matched 42 different salmonella illnesses in 20 different states that were eventually traced to a variety of Trader Joe's peanut butter.

Food and Drug Administration officials who visited the plant where the peanut butter was made found salmonella contamination all over the facility, with several of the plant samples matching the fingerprint of the salmonella that made people sick. A New Mexico-based company, Sunland Inc., recalled hundreds of products that were shipped to large retailers all over the country, including Target, Safeway and other large grocery chains.

The source of those illnesses probably would have remained a mystery without the national database, since there weren't very many illnesses in any individual state.

To ensure that kind of crucial detective work isn't lost, the CDC is asking the medical community to send samples to labs to be cultured even when they perform a new, non-culture test.

But it's not clear who would pay for that extra step. Private labs only can perform the tests that a doctor orders, noted Dr. Jay M. Lieberman of Quest Diagnostics, one of the country's largest testing labs.

A few first-generation non-culture tests are already available. When private labs in Wisconsin use them, they frequently ship leftover samples to the state lab, which grows the bacteria itself. But as more private labs switch over after the next-generation rapid tests arrive, the Wisconsin State Laboratory of Hygiene will be hard-pressed to keep up with that extra work before it can do its main job — fingerprinting the bugs, said deputy director Dr. Dave Warshauer.

Stay tuned: Research is beginning to look for solutions that one day might allow rapid and in-depth looks at food poisoning causes in the same test.

"As molecular techniques evolve, you may be able to get the information you want from non-culture techniques," Lieberman said.

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Follow Mary Clare Jalonick on Twitter at http://twitter.com/mcjalonick

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Right-to-work debate heats up ahead of Michigan vote

LANSING, Mich. (AP) — Even with the outcome considered a foregone conclusion, the heated battle over right-to-work legislation in the traditional union bastion of Michigan shows no sign of cooling.

Authorities in Lansing were bracing for an onslaught of demonstrators Tuesday at the Michigan Capitol as the Legislature reconvenes for what could be final votes on bills.

If it is passed and signed into law, Michigan would become the 24th right-to-work state, banning requirements that nonunion employees pay unions for negotiating contracts and other services.

Democratic lawmakers and union backers concede they have little chance of stopping tide, given the Republican-dominated Legislature and GOP Gov. Rick Snyder, who has pledged to sign the measure into law.

But foes of the law, including President Barack Obama, are trying to keep the spotlight on this latest battleground in the war over union rights.

In other states, similar battles were drawn-out affairs lasting weeks. But Snyder, a business executive-turned-governor, and the Republican-dominated Legislature used their political muscle to rapidly introduce and ramrod legislation through the House and Senate in a single day last week. Demonstrators and Democrats howled in protest, but the cries couldn't stop the train.

A victory in Michigan, a cradle of organized labor, would give the right-to-work movement its strongest foothold yet in the Rust Belt, where the 2010 election and tea party movement produced assertive Republican majorities that have dealt unions one body blow after another.

For all the shouting, the actual benefit or harm of such laws is not clear. Each camp has pointed to studies bolstering their claims, but one labor expert said the conclusions are, well, inconclusive.

"Very little is actually known about the impact of right-to-work laws," Gary Chaison, a professor of labor relations at Clark University in Massachusetts, said Monday. "There's a lot of assumptions that they create or destroy jobs, but the correlation is not definite."

Democrats contend Republicans, who lost five House seats in the November election, wanted to act before a new legislature takes office next month. In passionate floor speeches last week, they accused the majority of ignoring the message from voters and bowing to right-wing interest groups.

Criticism of the legislation has come from all the way up the Democratic food chain.

"These so-called right-to-work laws, they don't have anything to do with economics, they have everything to do with politics," Obama told cheering workers Monday during a visit to an engine plant in Redford, Mich. "What they're really talking about is giving you the right to work for less money."

U.S. Sen. Carl Levin and members of the state's U.S. House delegation met with Snyder on Monday in Detroit and urged him to veto the legislation or amend it to allow a statewide referendum. Levin said the governor pledged to "seriously consider" the requests.

In Lansing, leaders of the Democratic minority in the state House acknowledged there was little they could do to stop the fast-moving legislation in the waning days of the session. However, they vowed to vote against other legislation as a form of protest.

Ari Adler, spokesman for Michigan House Speaker Jase Bolger, chided those in Washington for "trying to tell Republicans in Michigan to slow down and not do our job in Lansing while they fail to resolve the nation's fiscal cliff crisis or even approve a budget."

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Associated Press writers Tom LoBianco in Indianapolis, Ed White in Detroit and Ben Feller in Redford, Mich., contributed to this story.

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