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by German Lopez 09.20.2012
Posted In: Courts, News, Business at 12:40 PM | Permalink | Comments (0)
 
 
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Procter & Gamble Sued for Religious Discrimination

P&G and contractor allegedly fired Muslim worker who was humiliated by coworker

Two Cincinnati-based companies are facing a lawsuit over the termination of a former Muslim worker. The lawsuit, filed in an North Carolina court Monday, claims a woman named Safa Elhassan was fired from Procter & Gamble facilities after facing discrimination in the workplace.

Elhassan worked for P&G through XLC Services, a Cincinnati-based company that provides manufacturing services and warehouse management to other companies, at P&G facilities in Guilford County, N.C. 

The lawsuit charges P&G and XLC with religious harassment, religious discrimination, failing to accommodate after religious discrimination in the workplace, national origin discrimination, sexual discrimination, two counts of retaliation, negligence, unfair and deceptive trade practices, assault, battery and intentional infliction of emotional distress.

The lawsuit tells the story that led to the charges as follows: Elhassan, who wears a hijab and wedding ring for religious reasons, was employed at P&G’s facilities through XLC between 2004 and Sept. 16, 2011. During her employment, Elhassan followed P&G rules and regulations and kept “a performance record which was satisfactory or better.”

However, Elhassan was unaware of a company policy that banned jewelry in the workplace, even jewelry of religious significance. This policy was mostly not a problem for Elhassan because, as the lawsuit claims, “Other employees of different religions and national origins routinely wear jewelry under clothing and/or protective wear and are not punished or searched.”

That is until a woman named Ernestine Wilson allegedly approached Elhassan, forcibly searched Elhassan for her wedding ring and removed Elhassan’s hijab in front of coworkers, including men, according to the suit. Under Islam’s rules, a woman uses a hijab, which is a religious head and neck wrap, to maintain sexual modesty, and being exposed without a hijab to men who are not family is a major offense and source of humiliation.

Elhassan reported the forced search to higher-ups at XLC. After a few meetings, Wilson provided an apology, according to the lawsuit, but Elhassan claimed the apology was insincere because Wilson kept telling coworkers that she hoped Elhassan was fired. After Elhassan refused to accept the apology, she was suspended then fired, allegedly under the orders of P&G.

The lawsuit suggests that Wilson's actions were potentially connected to another workplace incident. The lawsuit says Elhassan was sexually harassed in the past by George (no last name provided), a man with whom Wilson was allegedly “engaged in a friendly, physical, and/or romantic relationship." Elhassan reported the incident, which got George fired. The lawsuit claims Wilson’s actions were in retaliation to George’s termination.

Since Wilson did work for P&G through XLC, Elhassan blames both P&G and XLC for the damages. The lawsuit claims she was unfairly fired in retaliation for not accepting Wilson’s apology. It also alleges that XLC forced Elhassan to sign a document she did not understand upon her termination without her lawyer present, even though Elhassan asked to have her lawyer read the document. The document, which P&G officials were supposedly aware of, allegedly sought to release P&G and XLC of any wrongdoing related to the termination.

Mary Ralles, spokesperson for P&G, responded to the lawsuit in an email: “As a matter of company policy, we do not comment on pending litigation, but I did want to make one correction. The individual was not (or ever) a P&G employee.”

The distinction Ralles made is that Elhassan was not officially employed by P&G, but she did work for P&G through her employment at XLC.

XLC could not be immediately reached for comment. This story will be updated if a comment becomes available.

 
 
by German Lopez 09.18.2012
 
 
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Morning News and Stuff

President Barack Obama announced trade action against China while in Cincinnati yesterday. Obama said his team had filed a lawsuit at the World Trade Organization on the claim China is cheating in auto trade by offering “extensive subsidies” to its automakers and auto-part producers. China fired back with its own lawsuit for U.S. tariffs that raise the price on a variety of Chinese products — from steels to tires. Anti-China rhetoric has fast become the latest flavor of the month for the Obama and Mitt Romney campaigns, and China is not happy with it.

But the presidential race raced back to gaffes over trade policy when Mother Jones posted amazingly candid footage of Romney speaking to millionaires at a fundraiser. In the videos, Romney straightforwardly outlines campaign strategy. In one video, Romney said he doesn’t care about getting the vote of the 47 percent of Americans that don’t pay taxes because he doesn’t believe he can convince them to “take personal responsibility and care for their lives.” The Obama team retaliated in a statement: “It's shocking that a candidate for president of the United States would go behind closed doors and declare to a group of wealthy donors that half the American people view themselves as ‘victims,’ entitled to handouts, and are unwilling to take ‘personal responsibility’ for their lives. It’s hard to serve as president for all Americans when you’ve disdainfully written off half the nation.”

Ohioans love their local schools, a new survey shows. The survey also found Ohioans trust their local school boards of education with education-related decisions, but they really don’t trust the state superintendent, governor or legislature.

Hamilton County courts want to go paperless. The move would save money and space and make the system more efficient.

County budget meetings are still chugging along. Different department directors are still pleading for no cuts, but the commissioners insist cuts have to be made somewhere.

Cincinnati police announced a new Taser policy. The new policy disallows the use of frontal shots except in situations involving self-defense and the defense of others, reinforces the fact officers need to make sure such force is necessary and points out people have been injured due to Taser use. The new policy was brought about due to findings Taser use can kill in rare situations.

Cincinnati launched a national design competition for the decks over Fort Washington Way that will connect the Banks and Central Business District.

A new Hamilton County initiative to improve neighborhoods will tear down 700 dilapidated homes.

The streetcar’s yearlong delay got an explanation yesterday. A few issues are to blame, including the city’s ongoing conflict with Duke Energy over who has to pay for moving utility lines to accommodate for the streetcar.

The amount of people on Ohio’s death row is shrinking. After Donald Palmer’s execution, Ohio will drop to its lowest death row population since July 1995.

Ohio Secretary of State Jon Husted launched a mailing campaign to clean up voter rolls. Using data from U.S. Postal Service National Change of Address Registry, Husted mailed 70,000 former Ohioans encouraging them to cancel their voter registration. The action is a lot tamer than Republican-led efforts to purge voter rolls in other states, which states like Florida, Iowa and Colorado have backed out of — at least for now.

Duke Energy unveiled its new logo.

A new meta-analysis found fish oil may not live up to its health hype.

NASA is now saying faster-than-light travel may be possible and feasible. The technology would allow spaceships to travel to Mars in minutes. Still, the theory does have some problems.

 
 
by German Lopez 09.13.2012
Posted In: Government, News, 2012 Election, Courts, Economy at 09:10 AM | Permalink | Comments (0)
 
 
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Morning News and Stuff

More bad news for Secretary of State Jon Husted. The Ohio Supreme Court told Husted his approved ballot language for Issue 2 contains “factual inaccuracies” and must be rewritten by the Ballot Board. Voters First previously contested the language as misleading to voters. If approved by voters, Issue 2 will put an independent citizens commission in charge of redistricting. Under the current system, state officials redraw borders, sometimes using the process for political advantage. In Cincinnati’s district, the Republican-controlled process redrew the district to include Warren County, giving the district more rural voters that tend to side with Republicans instead of urban voters that tend to side with Democrats. Voters First mocked the process with a graph showing how redistricting decisions can sometimes be made in 13 minutes with no questions asked. CityBeat covered the redistricting process here when Issue 2 was still in the petition process.

Ohio’s median income dropped last year, according to a new report from the U.S. Census Bureau. But rates of poverty and uninsured rates remained the same. Nationwide, uninsured rates dropped from 16.3 percent in 2010 to 15.7 percent in 2011, meaning 1.4 million people gained health coverage. Some of that is attributable to health-care reform passed by President Barack Obama.

Former University of Cincinnati President Greg Williams is getting a pretty nice going-away present. The Board of Trustees approved a package for Williams that adds up to more than $1.2 million. It includes a bonus, retirement benefits, consulting fees, a year’s salary and a contract buyout. Williams abruptly left UC on Aug. 21, citing personal reasons.

Homeless shelters will cost more than expected, says 3CDC. The nonprofit group said it will cost about $40 million to build three homeless shelters and help finance others.

With the support of Democrats and Republicans, the Ohio legislature approved pension reforms yesterday. The reforms lower benefits, raise contributions requirements, increase the retirement eligibility age, establish new cost-of-living guidelines and set a new formula to calculate benefits, all for future retirees. For the most part, current retirees are not affected. Senate President Tom Niehaus, a Republican, said, “We know the changes are not popular, but they are necessary.” Before the changes, the system was losing $1 million a day, according to a statement from Rep. Robert Hagan, a Democrat.

Sen. Sherrod Brown of Ohio is pushing against banks that take advantage of college students. In a letter to Higher One, Brown told the bank to rework its contracts with universities. Brown wrote in the letter, “Federal student aid programs should help students prepare for the future, not extract fee income from them.” He went on to ask the bank to redo its contracts so they are “consumer-friendly and consistent with reforms that Congress enacted for the credit card market.”

Ohio’s inspector general found ODJFS wrongly reimbursed organizations in central Ohio with federal stimulus funds when the organizations did not follow rules.

Vice President Joe Biden was in Dayton yesterday. During his speech, he spoke about the attack on the U.S. embassy in Libya, which led to the death of U.S. Ambassador Chris Stevens. Biden vowed justice will be served.

Presidential candidate Mitt Romney unleashed a big foreign policy gaffe yesterday when he politicized the attack on the U.S. embassy in Libya. The attack was revealed to cause the death of Stevens after Romney made his comments.

Math shows homeopathy, a trend in medicine, is implausible.

 
 
by German Lopez 08.03.2012
Posted In: Media, Media Criticism, News, Courts at 10:59 AM | Permalink | Comments (1)
 
 
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Gannett Weekly Found Guilty of Defamation

Judge orders $100,000 in damages for newspaper’s defaming of police officer

A federal judge announced Wednesday that the Milford-Miami Advertiser, a Gannett-owned suburban weekly newspaper, was guilty of defaming police officer James Young.

Judge Michael Barrett affirmed the jury’s award for $100,000 in damages.

In an article published on May 27, 2010, the Milford-Miami Advertiser wrote that “Young had sex with a woman while on the job.” The accusation was found to be incorrect.

According to court documents, Young was initially fired from his job in 1997 after an internal investigation found semen in Marcey Phillips’s home after Phillips accused Young of forcing her to perform oral sex on him while Young was on duty. But a DNA investigation found that the semen found in Phillips’s home did not belong to Young, and Young was eventually given his job back.

The court documents say the Milford-Miami Advertiser article was written by Theresa Herron, the newspaper’s editor, but online archives of the article “Cop’s suspension called best move for city” say the article was written by Kellie Geist. Update: Herron wrote the section of the article that went to trial, while Geist wrote the rest.

Young testified that Herron never attempted to contact him before publishing the article, according to court documents. Herron testified that she did not fully read the documents for Young’s case, but she said she knew about the DNA testing and did not think it was important to the story.

When contacted by CityBeat, Herron said she did not feel comfortable discussing the case. The story was first reported by Courthouse News Service.

Gannett also owns the Cincinnati Enquirer. The Milford-Miami Advertiser covers community news in Miami Township and Milford, and it is part of the Cincinnati.com network.

 
 
by Hannah McCartney 07.19.2012
Posted In: Death Penalty, Courts, Equality at 01:22 PM | Permalink | Comments (0)
 
 
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Racial Bias in Death Penalty Cases Gets Ohio Supreme Court's Attention

Death Penalty Task Force approves changes to prevent discrimination

Ohio’s death penalty came under scrutiny again today, when the Ohio Supreme Court's Joint Task Force to Review the Administration of Ohio’s Death Penalty heard presentations from three different subcommittees on strategies to make sure the process in administering a death penalty sentence in Ohio is transparent and fair.

The task force heard presentations from the Law Enforcement Subcommittee, Race and Ethnicity Subcommittee and Clemency Subcommittee; the Clemency Subcommittee's recommendation was passed, while the Law Enforcement Subcommittee's recommendations were tabled for the next task force meeting, pending further review.

The Race and Ethnicity Subcommittee presented recommendations for dealing with evidence of longstanding racial bias in Ohio death penalty cases.


A 2005 Associated Press study concluded that offenders who killed white victims were significantly more likely to receive the death penalty than when victims were black, regardless of the race of the defendant. See the below chart, courtesy of the Associated Press, which charts the rate of death sentencing for defendants charged with killing white versus black victims during the course of the study, which was conducted from Oct. 1981-2002.




The Supreme Court’s Race and Ethnicity subcommittee made seven recommendations, three of which passed. Those passed include a mandate that all attorneys and judges in death penalty cases attend training to detect and protect against racial bias, and that attorneys must seek recusal of judges who are suspected of being motivated by racially discriminatory factors. Implementing the recommendations won't be immediate; according to Bret Crow, Public Information Officer for the Supreme Court of Ohio, task forces typically submit a final report to the Ohio Supreme Court for input, a process that might not be completed until into 2013.

Recommendations that were tabled to be reconsidered at a Sept. 27 meeting of the task force included the recommendation that all death penalty-eligible homicide cases be maintained and monitored for evidence of racial bias by the Office of the Ohio Public Defender.

According to the Associated Press, the data collection would apply to both old cases and any future homicides that could result in death penalty allegations. It wouldn’t, however, impact whether or not the death penalty should be an option of punishment in the state of Ohio.

Ohio’s death penalty has come under fire several times over the last year, even experiencing an extended moratorium on executions set forth by a U.S. District Judge, who ruled that Ohio unconstitutionally wasn’t following its own death penalty procedure and couldn’t be trusted to ethically carry out executions.

CityBeat reported on July 3 about the avoided execution of Abdul Awkal, a Muslim who narrowly escaped his death penalty sentence with the help of the Ohio Justice and Policy Center (OJPC). Awkal was ruled not competent enough to be executed after making several statements suggesting he didn’t understand the reason for his execution.
 

 
 
by Hannah McCartney 06.13.2012
Posted In: Courts, News at 11:14 AM | Permalink | Comments (0)
 
 
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Court: UC's Free Speech Policy Unconstitutional

Judge orders university to change policy

The University of Cincinnati lost a court battle yesterday when a federal judge ruled that the public university's decision to restrict all "demonstrations, picketing, and rallies" to a Free Speech Area was a violation of the First Amendment.

U.S. District Court Judge Timothy Black ruled that containing the area in which students and outsiders who obtain the proper permission to demonstrate acted as an unconstitutional limitation.

In February, the UC Chapter of Young Americans for Liberty (YAL) filed a lawsuit against the university after they were denied the right to circulate freely across UC's campus to gather signatures for a petition to place the Ohio Workplace Freedom Amendment on the Nov. 2012 ballot.

The students were restricted to gathering signatures only in the university-designated Free Speech Area within the McMicken Commons Northwest Corner, which is less than one tenth the size of a football field. Officials threatened to arrest students who attempted to gather signatures outside of that zone. The space restriction often rendered the the students' efforts ineffective; the Free Speech Area covers, relatively, a miniscule part of UC's campus.

YAL plaintiffs argued that UC's free speech policy was unfairly vague and unconstitutional. The 1851 Center for Constitutional Law, a non-profit, non-partisan legal center, assisted YAL with the lawsuit.

According to a press release from the 1851 Center for Constitutional Law, Judge Black's ruling prevents UC from enacting or upholding a free speech policy from:

• “Requiring prior notification for the solicitation by students of signatures for petitions;”

• “Prohibiting all solicitation by students of signatures for petitions in any designated public forum, including the Free Speech Area, the outdoor spaces described in the MainStreet Event Guide, and campus sidewalks;”

• “Requiring that all student ‘demonstrations, picketing, or rallies’ occur only in the Free Speech Area;”

• “Requiring 5 to 15 days prior notification for any and all student ‘demonstrations, picketing, or rallies’ without differentiations;”

• “Imposing or enforcing any policy restricting student speech in any designated public forum, including the Free Speech Area, the outdoors spaces described in the MainStreet Event Guide, and campus sidewalks, that is not individually and narrowly tailored to serve a compelling university interest.

In March, the Foundation for Individual Rights in Education named UC's speech policies the worst in the nation specifically because of the restrictive free speech zone.

 
 
by Danny Cross 06.08.2012
 
 
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Morning News and Stuff

County Commissioner Todd Portune's idea to borrow more money and extend a half-cent sales tax in order to keep up with stadium costs has been shot down by a Bengals lawyer who used 15 bullet points to demonstrate that Portune's plan “proposes to breach one or both leases.

Duke Energy is asking state regulators if it can bump customers' rates up again. Duke says the increases are to pay for infrastructure investments. The change would increase customer costs of electric service by $86 million and for natural gas by $44 million. A federal appeals court on Monday reinstated an antitrust lawsuit against Duke Energy that accuses the company of paying kick-backs to corporations opposing a 2004 rate increase.

A rally for “religious freedom” will take place on Fountain Square today in response to federal health care legislation requiring women to have abortions employers to provide insurance that covers birth control. The law includes a religious exemption, which bishops have said isn't enough.

A group pushing to ban dog auctions in Ohio has halted its effort to put the issue on the November ballot due to lack of funding and time. CityBeat in February reported the group's efforts to ban the sale of dogs through auctions or raffles, as well as all trafficking in dogs from out-of-state auctions.

New York City officials, including Brooklyn Democratic Rep. Yvette Clarke, are arguing that the city's “Stop and Frisk” policy is racist. The policy allows police to stop an individual and pat him or her down for contraband if they suspect illegal activity. From USA Today:

Clarke says the program, known as "Stop, Question and Frisk" or "Stop and Frisk," amounts to racial profiling. It is based on a 1968 Supreme Court ruling that police could stop people on the basis of "reasonable suspicion."

Last month, U.S. District Court Judge Shira Scheindlin approved class-action status for a lawsuit that alleges the practice subjects people to race-based illegal searches.

President Obama's health care law helped 6.6 million young adults stay on their parents' plans during the first year and a half.

Rick Santorum has formed a new conservative organization aiming to recruit 1 million supporters to help get Barack Obama out of the While House. No word on how Santorum's “Patriot Voices” group will differ from the tea party patriots.

NASA says it has spotted the universe's first objects.

Black members of the Netherlands soccer team were subjected to racist chants at their Euro 2012 practice facility in Krakow, Poland. The team says fans were making monkey chants at the players.

LeBron James scored 45 points to lead the Miami Heat over the Boston Celtics last night, forcing a deciding Game 7 for the Eastern Conference championship. The Oklahoma Thunder await in the NBA Finals.


 
 
by Hannah McCartney 06.06.2012
Posted In: Drugs, Courts, Women's Health, Women's Rights, Family, News, Sex at 01:23 PM | Permalink | Comments (0)
 
 
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Oral Arguments in Planned Parenthood v. DeWine Begin June 7

Case battles state regulation of pregnancy-terminating mifepristone

Since Ohio House Bill 126 was passed in June 2004, abortion-inducing medication mifepristone has been regulated in such a way that physicians can only administer the exact amount approved by the FDA in 2000. Tomorrow, the case will continue to move forward when proponents for overturning the law present oral arguments in Planned Parenthood Southwest Ohio Region v. DeWine at 8 a.m. at U.S. Court of Appeals for the Sixth Circuit, 100 E. Fifth St., Downtown.

It's been a regulation deeply contested by physicians and women's rights advocates, who argue that alternate dosages of the medication are often legitimate and necessitated based on current medical knowledge, such as when a patient might warrant a lower dosage proven to safe and effective with fewer or less severe side effects.

According to a legal docket from the ACLU of Ohio, which backs a repeal of the law, "HB 126 is a unique law that effectively freezes medicine in time based on evidence more than ten years old."

A lawsuit, originally called Planned Parenthood of Cincinnati v. Taft, has been floating around in courts since 2004, when Planned Parenthood affiliates filed an injunction in an attempt to prevent the law from going into effect.

According to the case schedule from the U.S. Court of Appeals for the Sixth Circuit, each side, plaintiffs and appellants, will receive 15 minutes to present.


 
 
by Danny Cross 06.04.2012
 
 
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Morning News and Stuff

Hamilton County has been killing people more often than Ohio counties of similar size, despite actually asking for the death penalty less often. Today's Enquirer takes a look at the growing opposition to the death penalty in other states and recent legislation and task forces aimed at either studying its effectiveness or stopping the practice altogether. Prosecutor Joe Deters says he's going to kill all the people who deserve it because the law is still the law.

Would you like to pay tolls or higher gas taxes in order to have a new Brent Spence Bridge? No? Then you're like a majority of people who take the time to respond to Enquirer polls.

City Manager Milton Dohoney plans to ask City Council to raise the property tax rate in response to a projected $33 million 2013 deficit that everyone knows was coming.

The Community Press on the East Side says Norfolk Southern is willing to consider selling the Wasson Way right of way that some would like to see turned into a bike trail. CityBeat in March found the proposed trail to have support among cycling enthusiasts but some resistance from light rail supporters.

President Obama hooked up an 11-year-old kid with a note excusing him from class on Friday.

“He says, ‘Do you want me to write an excuse note? What’s your teacher’s name?” Sullivan told ABC. “And I say, Mr. Ackerman. And he writes, ‘Please excuse Tyler. He was with me. Barack Obama, the president.'"

Fortune magazine has taken exception to Mitt Romney's recent criticism of Solyndra, the solar panel company that went out of business despite a $500 million Department of Energy loan.

So last Thursday Romney held a surprise press conference at Solyndra's shuttered headquarters. During his prepared statement, Romney said:

"An independent inspector general looked at this investment and concluded that the Administration had steered money to friends and family and campaign contributors."

Romney then repeated the claim later in the press conference.

Small problem: No inspector general ever "concluded" such a thing, at least not based on any written reports or public statements.

Wisconsin Gov./Union Crusher Scott Walker holds a slight lead over his Democratic challenger, Milwaukee Mayor Tom Barrett, according to a recent poll.

George Zimmerman is back in jail after what his attorney is calling a misunderstanding over telling a judge that he had limited money even though a website set up to fund his legal defense raised more than $135,000.

Legal issues will be involved in New York Mayor Michael Bloomberg's attempt to ban giant sodas.

Jason Alexander has released a lengthy and quite thoughtful apology for referring to the sport of cricket as "a bit gay" during a recent appearance on The Late Late Show With Craig Ferguson.

Why do people on the West Coast get to see all the cool stuff that happens in space? First the eclipse and now the Transit of Venus, when Venus will cross paths between the sun and earth. Next time it will happen is 2117. And Australia got to see a partial lunar eclipse the other day, too.

 
 
by Danny Cross 05.29.2012
 
 
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Morning News and Stuff

The Ohio Supreme Court late last week dismissed a legal challenge by the Campaign to Protect Marriage, which had filed a motion challenging the attorney general’s authority to verify a proposed constitutional amendment that would allow same-sex marriage. The Freedom to Marry coalition is collecting the necessary signatures to put a repeal of the state’s 2004 amendment that only recognizes marriage as between a man and a woman on the ballot in 2013.

City Councilman Wendell Young says there’s nothing secret about a plan to combine the region’s water and sewer agencies even though most people assumed to be needed for approval know little about it. The Enquirer today detailed a plan to integrate the Metropolitan Sewer District, Stormwater Management Utility and Greater Cincinnati Water Works, potentially by September, in an attempt to save money. The plan will reportedly be shared with Council June 20.

Mitt Romney’s campaign plans to go after the stimulus, while Dems want to know why he won’t renounce questions about Obama’s citizenship (maybe because they came from Donald Trump?).

Seems like the John Edwards trial is never going to end. Day seven of deliberations begins today.

The U.S. could be one of the countries to benefit from the growth of natural gas use during the next 20 years, potentially reducing the importance of Middle East energy production.

Common painkillers might help protect against skin cancer. Bring on the nonsteroidal anti-inflammatory painkillers such as aspirin and ibuprofen!

There was a face-chewing attack in Miami over the weekend. And the chewer was naked. Seriously.

Google Chrome was the world’s top browser in May. Thought you knew.

If commercial space flights are going to be basting up onto the moon, NASA says they’ll have to stay off the spots where historical things happened.

 
 

 

 

 
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