2013: A year for big issues in the courts

By Jeffrey Toobin, CNN Senior Legal Analyst

December 27, 2012 -- Updated 1445 GMT (2245 HKT)

Chief Justice John Roberts re-administers the oath of office to Barack Obama at the White House on January 21, 2009.

STORY HIGHLIGHTS

• Jeffrey Toobin: 2013 will see pivotal decisions in several key areas of law


• He says Supreme Court could decide fate of same-sex marriage


• Affirmative action for public college admissions is also on Court's agenda


• Toobin: Newtown massacre put gun control debate back in the forefront

Editor's note: Jeffrey Toobin is a senior legal analyst for CNN and a staff writer at The New Yorker magazine, where he covers legal affairs. He is the author of "The Oath: The Obama White House and the Supreme Court."

(CNN) -- What will we see in 2013?

One thing for sure: The year will begin with Chief Justice John Roberts and President Obama getting two chances to recite the oath correctly.

Jeffrey Toobin

After that, here are my guesses.

1. Same-sex marriage and the Supreme Court. There are two cases, and there are a Rubik's Cube-worth of possibilities for their outcomes. On one extreme, the court could say that the federal government (in the Defense of Marriage Act) and the states can ban or allow same-sex marriage as they prefer. On the other end, the Court could rule that gay people have a constitutional right to marry in any state in the union. (Or somewhere in between.)

CNN Opinion contributors weigh in on what to expect in 2013. What do you think the year holds in store? Let us know @CNNOpinion on Twitter and Facebook/CNNOpinion

2. The future of affirmative action. In a case pending before the Supreme Court, the Court could outlaw all affirmative action in admissions at public universities, with major implications for all racial preferences in all school or non-school settings.

3. Gun control returns to the agenda. The Congress (and probably some states) will wrestle with the question of gun control, an issue that had largely fallen off the national agenda before the massacre in Newtown. Expect many invocations (some accurate, some not) of the Second Amendment.

4. The continued decline of the death penalty. Death sentences and executions continue to decline, and this trend will continue. Fear of mistaken executions (largely caused by DNA exonerations) and the huge cost of the death penalty process will both accelerate the shift.

5. Celebrity sex scandal. There will be one. There will be outrage, shock and amusement. (Celebrity to be identified later.)

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The opinions expressed in this commentary are solely those of Jeffrey Toobin.

Part of complete coverage on

December 27, 2012 -- Updated 1445 GMT (2245 HKT)

Jeffrey Toobin says key rulings will likely be made regarding same-sex marriage and affirmative action for public college admissions.

December 28, 2012 -- Updated 0041 GMT (0841 HKT)

Frida Ghitis says that after years in which conservative views dominated the nation, there's now majority support for many progressive stances.

December 28, 2012 -- Updated 0316 GMT (1116 HKT)

John MacIntosh says gun manufacturer Freedom Group should be acquired by public-spirited billionaires and turned into a company with ethical goals.

December 27, 2012 -- Updated 0237 GMT (1037 HKT)

Bassam Gergi and Ali Breland says we should mourn for Newtown's victims, but also take steps to stop the slaughter of young people in inner cities

Get the latest opinion and analysis from CNN's columnists and contributors.

December 26, 2012 -- Updated 1445 GMT (2245 HKT)

Tseming Yang says the 25 major carbon emitters should come to an agreement just among themselves about fighting climate change.

December 25, 2012 -- Updated 1252 GMT (2052 HKT)

David Frum says the National Rifle Association's "Death Wish" style vision of America as a land of armed civilians fending off criminals is a fantasy.

December 27, 2012 -- Updated 0207 GMT (1007 HKT)

Lawrence Krauss says the nation must grieve with the families of Newtown after such a tremendous loss, but religion is not the right framework

December 28, 2012 -- Updated 1044 GMT (1844 HKT)

Jonathan Batiste says jazz is a complex, traditional and utterly contemporary art -- the language that we use to state our deepest, truest feelings

December 26, 2012 -- Updated 1540 GMT (2340 HKT)

Dean Obeidallah says "Zero Dark Thirty" and "Promised Land" present hot button issues that fire up people from the left and right.

December 26, 2012 -- Updated 1344 GMT (2144 HKT)

MADD started as a small grass-roots movement that grew and radically changed society's views on drunk driving, says Candace Lightner.

December 22, 2012 -- Updated 1706 GMT (0106 HKT)

David Gergen says the hope for cooperation is gone in the capital as people spar over fiscal cliff, gun control, and nominations

December 19, 2012 -- Updated 2054 GMT (0454 HKT)

William Bennett says having armed and trained people could help protect schools and other vulnerable places from gun violence

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Fatal shooting appears to have pushed city's homicide toll to 500

By Jeremy Gorner and Peter Nickeas




Tribune reporters

6:21 a.m. CST, December 28, 2012

The fatal shooting of a 40-year-old man Thursday night on the West Side appears to have pushed Chicago's 2012 homicide toll to 500, the first time the city has had that many killings in four years.

The slaying came hours after the Chicago Police Department said the city was one homicide away from the 500 mark for the year.

The victim was standing outside a convenience store around 9 p.m. at Augusta Boulevard and Lavergne Avenue in the city's Austin community when he was shot in the head, police said. Nathaniel T. Jackson was pronounced dead at John H. Stroger Jr. Hospital of Cook County at 12:18 a.m., a spokesman for the Cook County medical examiner's office said.

At the shooting scene, a pool of blood stained the sidewalk outside Noah Foods. Police tapped apartment windows and knocked on doors looking for witnesses. A stray dog trotted through the crime scene before taking off in a sprint up Lavergne.

A few bullet casings, which police initially believed to be from a .45 caliber handgun, were found next to where the man was shot. Before officers left the scene, three people walked out of the store and pounded the metal gate shut.

The last time Chicago had 500 or more homicides was in 2008. As of Thursday night, homicides were up 17 percent over last year, and shootings had increased by 11 percent, according to police statistics.

Largely contributing to the spike was the unusual number of homicides that occurred during the early part of the year, in which the city experienced unseasonable warmth. In the first three months of the year, homicides ran about 60 percent ahead of the 2011 rate.

jgorner@tribune.com
pnickeas@tribune.com

Twitter: @peternickeas

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Putin signs ban on U.S. adoptions of Russian children

MOSCOW (Reuters) - President Vladimir Putin signed a law on Friday that bans Americans from adopting Russian children and imposes other measures in retaliation for new U.S. legislation meant to punish Russian human rights abusers.

The law, which has ignited outrage among Russian liberals and child rights' advocates, enters into force on January 1 and is likely to strain U.S.-Russia relations.

As well as banning U.S. adoptions, it will also outlaw some non-governmental organizations that receive U.S. funding and impose a visa ban and asset freeze on Americans accused of violating the rights of Russians abroad.

Pro-Kremlin lawmakers initially drafted the bill to mirror the U.S. Magnitsky Act, which bars entry to Russians accused of involvement in the death in custody of anti-corruption lawyer Sergei Magnitsky and of other alleged rights abuses.

The restrictions on adoptions and non-profit groups were added to the legislation later, going beyond a tit-for-tat move and escalating a dispute with Washington at a time when ties are also strained by issues such as the Syrian crisis.

(Reporting By Alissa de Carbonnel; Editing By Steve Gutterman and Andrew Osborn)

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Stock futures little changed with "cliff" talks to resume

NEW YORK (Reuters) - U.S. stock index futures were little changed on Thursday with legislators due to return to Washington to restart negotiations over the "fiscal cliff".

President Barack Obama will attempt to make another push to resume talks on the cliff, a series of tax hikes and spending cuts set to begin on January 1 which may tip the economy into a recession, on Thursday after returning from a shortened Christmas holiday in Hawaii.

In a sign that there may be a way through deadlock in Congress, Republican House of Representatives Speaker John Boehner urged the Democrat-controlled Senate to act to pull back from the cliff and offered to at least consider any bill the upper chamber produced.

The Treasury Department, led by Secretary Timothy Geithner, announced steps essentially designed to buy time to allow Congress to resolve its differences and raise the debt ceiling.

Economic data expected on Thursday includes weekly initial jobless claims at 8:30 a.m. (1330 GMT). Economists in a Reuters survey forecast a total of 360,000 new filings, compared with 361,000 filings in the previous week.

Also due at 8:30 a.m. (1330 GMT) is the Chicago Fed Midwest Manufacturing Index for November.

Later in the session at 10 a.m. (1500 GMT), investors will eye December consumer confidence and November new home sales data. The Conference Board's main consumer confidence index is expected to show a reading of 70 versus the 73.7 reported in November while new home sales are expected to show a total of 378,000 annualized units.

The benchmark S&P 500 index has fallen 1.7 percent over the past three sessions as negotiations over the budget crisis have stalled, its longest losing streak since mid-November.

But the S&P has recouped nearly all of its declines suffered in the wake of the U.S. elections and is up 12.9 percent for the year, putting it on track for its best year since 2009.

S&P 500 futures rose 3.2 points and were above fair value, a formula that evaluates pricing by taking into account interest rates, dividends and time to expiration on the contract. Dow Jones industrial average futures fell 4 points, and Nasdaq 100 futures lost 0.5 point.

Marvell Technology Group fell 5.4 percent to $7.00 in premarket trading, extending its decline in the prior session after a federal jury found the company infringed two patents held by Carnegie Mellon University, and ordered the chipmaker to pay $1.17 billion in damages.

European shares steadied early in their first trading session following the Christmas break, with investors focusing on Washington's last-ditch efforts to avoid the so-called fiscal cliff. <.eu/>

Asian shares rose amid caution ahead of the U.S. fiscal negotiations, while the yen hit a 21-month low against the dollar on the prospect of drastic monetary easing and massive state spending.

(Reporting by Chuck Mikolajczak; Editing by Chizu Nomiyama)

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Peyton Manning, Peterson make Pro Bowl

NEW YORK (AP) — Peyton Manning and Adrian Peterson want to cap their sensational comebacks with Super Bowl appearances. For now, they can be proud of Pro Bowl spots.

So can Redskins quarterback Robert Griffin III, one of two rookies chosen Wednesday for the Jan. 27 NFL all-star game.

Manning missed all of the 2011 season with neck and back problems that required several operations. He then signed with Denver as a free agent and has led the Broncos on a 10-game winning streak to take the AFC West.

"I know there's great players out there in the NFL, but there's some great players on this team this year that deserve to go," said Manning, whose 12th Pro Bowl is a record for quarterbacks. He ranks fourth in league passing this year, has thrown 34 touchdowns and 11 interceptions.

Four other Broncos made the AFC roster: DE Elvis Dumervil, linebacker Von Miller, CB Champ Bailey and tackle Ryan Clady. Bailey's 12th appearance is a record for defensive backs.

"My goal has always been to go out and help the team win and play at a high level," Manning added. "Anything that comes along with that, like being honored as a Pro Bowl selection, is very humbling."

Minnesota's Peterson tore up his left knee on Christmas Eve last year, underwent major surgery, then was back for the season opener. He's gone from uncertain to unstoppable, running away with the rushing title with a career-high 1,898 yards and lifting the Vikings toward an NFC wild card.

"Coming into the season after going through the rehab process, I just told myself that I wanted to lead my team to a championship and make sure that I contribute and do my part," Peterson said. "I've been doing it."

Griffin is one of three rookie QBs who had superb debut seasons, along with Andrew Luck of Indianapolis and Russell Wilson of Seattle. Luck and Wilson weren't voted to the Pro Bowl by players, coaches and fans, although their teams are in the playoffs; Griffin can get to the postseason if Washington beats Dallas on Sunday.

"You can't play down those kind of things," Griffin said. "I've always said my whole football career that you don't play for awards. They just come. You don't say you're going to win the Heisman. You don't say you're going to win MVP. You go out and you prove it on the field, and if everyone feels that way then they'll give you that award."

San Francisco had the most players selected, nine, including six from its second-ranked defense. Houston was next with eight, six on offense.

Kansas City, despite its 2-13 record that is tied with Jacksonville for worst in the league, had five Pro Bowlers, including RB Jamaal Charles, who like Peterson is coming back from a torn ACL.

One other rookie, Minnesota kicker Blair Walsh, was chosen. Walsh has nine field goals of at least 50 yards, an NFL mark.

The AFC kicker is at the other end of the spectrum: Cleveland's Phil Dawson earned his first selection in his 14th NFL season.

"I deliberately tried not to know," Dawson said. "We wanted to watch the show with my kids. I had a really good idea what was going on, but it was a pretty priceless moment when we saw the name flash up on the screen. My kids went nuts 'cause my wife went nuts. That makes these 15 years of waiting worth it."

Another record setter will be heading to Honolulu: Detroit WR Calvin Johnson.

Johnson broke Jerry Rice's single-season yards receiving record and has 1,892 yards with a game left.

Falcons tight end Tony Gonzalez set the record for Pro Bowls at his position by being chosen for the 13th time.

The league's top two sackmasters, DEs Aldon Smith of San Francisco and J.J. Watt of Houston, were first-time selections. Watt has 20 1-2 sacks, one ahead of Smith; the NFL record is 22 1-2.

Other newcomers, along with Griffin, Walsh and Dawson, were AFC players tackle Duane Brown and guard Wade Smith of Houston; safety LaRon Landry of the Jets; kick returner Jacoby Jones of Baltimore; and punter Dustin Colquitt of Kansas City.

For the NFC, first-timers were Giants WR Victor Cruz; Atlanta WR Julio Jones; Seattle tackle Russell Okung and center Max Unger; San Francisco guard Mike Iupati, linebacker NaVorro Bowman and safety Donte Whitner; Chicago cornerback Tim Jennings and defensive tackle Henry Melton; Washington tackle Trent Williams and special teamer Lorenzo Alexander; Minnesota fullback Jerome Felton; Tampa Bay DT Gerald McCoy; and New Orleans punter Thomas Morstead.

Eight teams had no Pro Bowl players: Carolina, Philadelphia and St. Louis in the NFC, Tennessee, Buffalo, Jacksonville, San Diego and Oakland in the AFC.

___

Online: http://pro32.ap.org/poll and http://twitter.com/AP_NFL

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The forgotten victims of gun violence

Chicago Mayor Rahm Emanuel, center, and other area officials call for stronger gun regulations at a news conference last week.

STORY HIGHLIGHTS

• While America was mourning Newtown victims, guns were claiming lives elsewhere in U.S.


• Authors: Media focus on mass shootings, but continuing violence also needs coverage


• They say inner cities suffer an epidemic of gun killings, and young are particularly vulnerable


• Authors: There is a day-by-day slaughter of children that must be stopped

Editor's note: Bassam Gergi is studying for a master's degree in comparative government at St. Antony's College, Oxford, where he is also a Dahrendorf Scholar. Ali Breland studies philosophy at the University of Texas at Austin.

(CNN) -- On the Sunday after the Newtown massacre, President Barack Obama traveled to Connecticut to comfort the grieving community. As the president offered what he could to the town, other American communities, in less visible ways, were grappling with their own menace of violence.

In Camden, New Jersey -- a city that has already suffered 65 violent deaths in 2012 , surpassing the previous record of 58 violent deaths set in 1995 -- 50 people turned out, some bearing white crosses, to mourn a homeless woman known affectionately as the "cat lady" who was stabbed to death (50 of the deaths so far this year resulted from gunshot wounds.)

Bassam Gergi

In Philadelphia, on the same Sunday, city leaders came together at a roundtable to discuss their own epidemic of gun violence; the year-to-date total of homicides is 322. Last year, 324 were killed. Of those victims, 154 were 25 or younger. A councilman at the roundtable asked, "How come as a city we're not in an outrage? How come we're not approaching this from a crisis standpoint?"

Ali Breland

The concerns go beyond Philadelphia. In the week following the Newtown massacre, there were at least a dozen gun homicides in Chicago, Detroit, Baltimore and St. Louis alone. In a year of highly publicized mass shootings, inner-city neighborhoods that are plagued by gun violence have continued to be neglected and ignored.

According to the Centers for Disease Control and Prevention, large metropolitan areas account for more than two-thirds of deaths by gun violence each year, with inner cities most affected. The majority of the victims are young, ranging in age from their early teens to mid-20s, and black.

To track these violent deaths, many communities and media organizations have set up agonizing online trackers -- homicide watches or interactive maps -- that show each subsequent victim as just another data point. These maps are representative of a set of issues far larger than the nameless dots suggest.

In the immediate aftermath of Newtown, as politicians and public figures across America grapple with the horrible truths of gun violence, far less visible from the national spotlight is the steady stream of inner-city victims.

Illegal firearms confiscated in a weapons bust in New York's East Harlem is on display at an October news conference.

The media is fixated, and with justification, on the string of high-profile massacres that have rocked the nation in Aurora, Colorado; Tucson, Arizona; Virginia Tech; and now in Newtown. Yet in many of America's neighborhoods most affected by the calamity of gun violence, there is a warranted exasperation -- residents are tired, tired of the ubiquity of guns, tired of fearing for their children's safety, tired of being forgotten.

Critiquing a narrow media focus doesn't deny the horrible, tragic nature of the massacre at Sandy Hook Elementary School; mass shootings, however, make up only a small fraction of America's shockingly high level of gun crime.

In his study "American Homicide," Randolph Roth showed that while the overall risk of being murdered is higher in America than it is in any other first-world democracy, homicide rates vary drastically among groups.

According to Roth, if current trends are maintained, one out of every 158 white males born today will be murdered, but for nonwhite males it is likely one of every 27 born today will be murdered.

The stark difference in these racial trends can be traced to the high levels of racial segregation in America's cities, which have created a spatial barrier between poor inner-city youths of color and more mainstream America -- a barrier that is often responsible for the lack of media and political attention paid to inner-city problems.

Many experts claim that actually it is the spectacular nature of mass shootings that naturally magnifies media coverage and explains the resonance of these tragedies to the broader public. Inner-city violence on its own, however, does not suffer from a lack of awful, spectacular violence and calamity. In fact, the gruesome nature of violence in inner cities has contributed to widespread social desensitization to gun violence. How then do we explain the differing public responses?

An indicator of the difference of attention levels lies in the tone of the public rhetoric in the wake of mass shootings: "This was supposed to be a safe community," and "This kind of thing wasn't supposed to happen here."

These statements imply that in America's leafy-green small towns and suburbs, gun violence is a shocking travesty; it strikes against America's perception of what is acceptable. In contrast, gun violence in the American metropolis has been normalized, and the public and media display a passive indifference toward the lives of inner-city youths.

This normalization of inner-city violence is due in part, to the isolation and segregation of America's ghettos from wider America, but it is also due to a sense that the victims of inner-city violence are responsible for their own condition.

As Robert Sampson, a professor at Harvard University, has highlighted, the gun violence in American cities is born out of neighborhood characteristics such as poverty, racial segregation and lack of economic opportunity. This shortened explanation for the high levels of inner-city violence has often been mistaken to imply that it is the direct choice of inner-city residents to remain either in poverty or in their segregated community that leads to their victimization.

In reality, the victims of inner-city gun violence are the victims of a dual tragedy. The first is that the poverty and segregation, which play a crucial role in spurring the downward cycle of crime, are the result of social arrangements predicated on longstanding oppression and prejudice.

Through a complex mix of violence, institutional arrangements and exploitation, black Americans were pressured into ghettos, which are the hotbeds of contemporary gun violence. Their inability to escape their conditions is not a choice but rather the byproduct of continued structural discrimination. Slowing the tide of inner-city deaths through gun control is therefore a modern-day civil rights issue.

If the refusal of America's national politicians to move on gun control before Newtown represents a political failure and a paucity of American will, then the disregard for the lives of inner-city youths stricken by gun violence on a daily basis is an illustration of the limits of American compassion.

The slaughter of young children en masse should be a moment of reckoning for any society, but there is a day-by-day, child-by-child slaughter occurring in America that has gone on too long and is yet to be reckoned with.

If Newtown should teach us anything, it is that all of us in America share this same short moment of life, and that we all seek to ensure safety, security and prosperity for our children.

As Vice President Joe Biden and the presidential task force meet to negotiate about what new gun laws to recommend, they must look to Sandy Hook Elementary and beyond. We need to protect the children of Newtown from the threat of future gun violence, but the children of Chicago and Camden and Detroit deserve the same long-term security.

We may not be able to ensure absolute security for America's children, but through smarter policy America can surely save more of its children from gun violence.

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The opinions expressed in this commentary are solely those of the authors.

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Man killed on Southwest Side

Detectives investigate the scene of a shooting that left a 32-year-old man dead late Wednesday night. (Peter Nickeas / Chicago Tribune / December 26, 2012)

By Peter Nickeas




Tribune reporter

5:17 a.m. CST, December 27, 2012

A 32-year-old man died after someone shot him in the face, chest and arms in the Gage Park neighborhood late Wednesday.

Federico Martinez was shot in an alley east of California Avenue just south of 54th Street about 10 p.m., according to authorities. He lived a couple houses south of where he was killed in the same block. 

Someone in a light-colored Ford F150 with tinted windows shot him while he stood with a woman, police said.

Martinez was taken to Mount Sinai Hospital in critical condition but was pronounced dead there about 10:45 p.m. The man's family gathered there after he was shot.

Eight detectives arrived at the scene and began their investigation early Thursday morning, their unmarked police cars crowding the narrow block of 54th Street between California and Fairfield avenues. 

A young woman wept next to red tape on the south side of the crime scene.

A spokesman for the Cook County medical examiner's office wasn't able to say whether they had been notified of the death.

Check back for more information.

pnickeas@tribune.com
Twitter: @peternickeas

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Peace envoy Brahimi, Syria diplomats in Moscow talks

MOSCOW (Reuters) - Russia will host Syria peace envoy Lakhdar Brahimi this week after Syrian officials held talks in Moscow on Thursday as part of a diplomatic drive to try to agree a plan to end the 21-month-old conflict, Russia's foreign ministry said.

Talks have moved to Moscow, a long-time Syria ally, after a flurry of meetings Brahimi held in Damascus this week, but the international envoy has disclosed little about his negotiations.

Brahimi, who saw Syrian President Bashar al-Assad on Monday and is planning to hold a series of meetings with Syrian officials and dissidents this week, is trying to broker a peaceful transfer of power.

More than 44,000 Syrians have been killed in a revolt against four decades of Assad family rule, a conflict that began with peaceful protests in March last year, but which has descended into civil war.

Past peace efforts have floundered, with world powers divided over what has become an increasingly sectarian struggle between mostly Sunni Muslim rebels and Assad's security forces, drawn primarily from his Shi'ite-rooted Alawite minority.

Syrian Deputy Foreign Minister Faisal Makdad and an aide held talks for less than two hours on Thursday with Foreign Minister Sergei Lavrov and Mikhail Bogdanov, the Kremlin's envoy for Middle East affairs, but declined to disclose details of their visit.

Syrian and Lebanese sources said Makdad had been sent to Moscow to discuss the details of a peace plan proposed by Brahimi.

Foreign Ministry spokesman Alexander Lukashevich played down the idea that a specific new proposal was on the table in Moscow talks, at least one agreed by Moscow and Washington.

Asked about rumors of a Russian-American plan to resolve the conflict, he said: "There has not been and is no such plan."

'TRYING TO FEEL A WAY OUT'

"In our talks with Mr. Brahimi and with our American colleagues, we are trying to feel a way out of this situation on the basis of our common plan of action that was agreed in Geneva in June," Lukashevich told reporters at a weekly briefing.

Setting the scene for a planned Russian meeting with Brahimi on Saturday, he said, "We plan to discuss a range of issues linked to a political and diplomatic settlement in Syria, including Brahimi's efforts aimed at ending the violence and the launch of a comprehensive national dialogue."

World powers believe Russia, which has given Assad military and diplomatic aid to help him weather the uprising, has the ear of Syria's government and must be a key player in peace talks.

Moscow has tried to distance itself from Assad in recent months and has said it is not propping him up, but Lukashevich reiterated its stance that Assad's exit from power could not be a precondition for negotiations.

Setting such a condition, he said, would violate the terms of an agreement reached by world powers in Geneva on June 30 that called for a transitional government in Syria.

Lukashevich said Russia continued to believe there was "no alternative" to the Geneva Declaration and repeated accusations that the United States has reneged on it.

"Our American colleagues and some others ... have turned sharply from this position, by 180 degrees, supporting the opposition and conducting no dialogue with the government - putting the opposition in the mood for no dialogue with the authorities but for overthrowing the authorities," he said.

"The biggest disagreement ... is that one side thinks Assad should leave at the start of the process - that is the U.S. position, and the other thinks his departure should be a result of the process - that would be the Russian position," Dmitry Trenin, an analyst at the Moscow Carnegie Center, told Reuters.

But Trenin said battlefield gains made by the Syrian rebels were narrowing the gap between Moscow and Washington.

On Saturday, Lavrov said that neither side would win Syria's civil war and that Assad would not quit even if Russia or China told him to. Bogdanov had earlier acknowledged that Syrian rebels might win.

Lavrov has said this month that Russia had no intention of offering Assad asylum and would not act as messenger for other nations seeking his exit.

(Additional reporting by Nastassia Astrasheuskaya; Writing by Alissa de Carbonnel; Editing by Andrew Osborn)

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China consumers driving economic rebound: survey

BEIJING (Reuters) - China's consumers are leading an uneven recovery in the world's second biggest economy that has retailers expecting stronger sales in six months, early results of a national survey showed on Wednesday.

The China Beige Book survey of more than 2,000 executives revealed that the retail sector had the strongest revenue growth and business expectations in the fourth quarter of 2012.

The survey broadly detected a mild economic recovery with the hard-hit sectors of real estate, mining and manufacturing - to a lesser extent - joining retail at the head of the upswing.

"The revenue growth pickup was notable in luxuries and durable goods - furniture, appliances, and autos," said the survey, conducted between October 26 and December 2 by New York-based CBB International and based on the U.S. Federal Reserve's economic report of the same name.

"Retailers' mood remains quite hopeful, with 72 percent forecasting higher sales in six months, up 4 points on last quarter. A remarkably low 6 percent foresee declines," it said, adding that 61 percent of retailers reported higher sales in the Q4 survey than in Q3.

The biggest bounces were seen in coastal Guangdong province, Beijing, the northeast and central regions of China - locations which Q3's survey found had the biggest spending falls.

The retail rebound was not evenly distributed, however, with Shanghai and the southwest region recording falls in spending.

The survey's findings are reflected in the most recent raft of economic indicators from China, revealing a mild rebound taking hold in Q4, and in policymaker comments.

China's retail sales grew 14.9 percent year-on-year in November, ahead of the 14.6 percent forecast in a Reuters poll.

China is on course to end 2012 with the slowest full year of growth since 1999 and while the 7.7 percent rate forecast in a benchmark Reuters poll is way above the world's other major economies, it is far below the roughly 10 percent annual growth seen for most of the last 30 years.

Weakness in the external environment remains a key drag on an economy in which exports generated 31 percent of gross domestic product in 2011, according to World Bank data, and where an estimated 200 million jobs are supported by foreign investment, or in factories producing for overseas markets.

RECOVERING, REBALANCING

The upside to the patchiness of the recovery is that it is being driven by services, which are calibrated more towards domestic demand. Geographic rebalancing away from prosperous coastal areas was also evident in the survey, with firms in the western region recording the highest revenue growth in Q4.

The survey had mixed findings for labor markets, with a 3 point rise to 34 percent in the proportion of firms citing an increased availability of unskilled labor, while 20 percent said shortages had increased.

Some 34 percent of firms increased their workforces in Q4 from Q3. Wage rises were reported by 52 percent of respondents.

Bankers questioned in the survey said credit conditions eased in Q4, but fewer firms borrowed. Meanwhile, banks and firms said loan rejections rose slightly, to 16 percent, and exposure to companies with excess production capacity was cut.

"Few corporate loans went to new customers: three-fifths of bankers say under 20 percent did — an astonishingly small number," the survey said.

"Most were debt rollovers or loan increases for existing clients. This is not yet a period of strong expansion."

The China Beige Book survey of face-to-face and telephone interviews compares conditions with the previous quarter and asks respondents to anticipate conditions three and six months ahead.

The survey sample includes executives from manufacturing, retail, service, transport, real estate and construction, farming, and mining. Respondents ran businesses of every size from the micro-level - employing up to 19 staff - to large firms with more than 500 employees. It also canvassed opinions from 160 bank loan officers and branch managers.

A detailed report of the survey's full findings will be published in early January.

(Reporting by Nick Edwards; Editing by Robert Birsel)

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James leads Heat over Thunder in Finals rematch

MIAMI (AP) — Kevin Durant and Russell Westbrook combined to score 54 points, more than any set of teammates had managed in a game against Miami all season.

Oklahoma City needed them to score at least three more.

That didn't happen, and an NBA Finals rematch went just as last year's title series did — to the Heat.

LeBron James had 29 points, nine assists and eight rebounds, Dwyane Wade scored 21, and the Heat survived a frantic finish to beat the Thunder 103-97 on Tuesday night, a game where Durant and Westbrook both missed potential tying 3-pointers in the final seconds.

"A great game to play," Thunder coach Scott Brooks said, "and a great game to coach."

For the Heat, it was just a little greater.

Mario Chalmers scored a season-high 20 for the Heat, who were 19 for 19 from the foul line, the second-best effort in franchise history behind only a 30-for-30 game in Boston on March 24, 1993. Chris Bosh added 16 points for Miami, which has beaten the Thunder five straight times dating to last June's title series.

"Felt a little bit like a different month," Heat coach Erik Spoelstra said. "Regardless of what your script is coming into the game, when you play this team, it's not going to go according to script. They're too good."

It's the first losing streak of the season for the Thunder, who had been 4-0 after losses. Serge Ibaka and Kevin Martin each scored 15 for Oklahoma City.

The game had a little of everything — a fast start by the reigning champions, a one-handed dunk by James on an offensive rebound that will be added to his copious highlight reel, a scrum after a hard foul that led to double-technicals on Wade and Ibaka early in the fourth, an easy rally by the Thunder from an early double-digit deficit, and even workout partners in Durant and James barking back and forth in the final minutes.

Such was the intensity that James slumped over the scorer's table with 1:08 left, exhausted.

"I'm tired as hell right now," James said — and that was more than an hour after the game ended.

With good reason. On an emotional day, there was a wild finish.

Wade lost the ball on an ill-advised, behind-the-back dribble, and the turnover set up Durant for a two-handed dunk that got the Thunder within 96-95 with 44.1 seconds remaining.

Needing a stop on the next trip, the Thunder instead forgot to play defense. Kendrick Perkins and Ibaka both were confused on the ensuing Miami possession, and Bosh was left alone to take a pass from James and throw down a dunk that restored Miami's three-point edge.

"We went over and helped," Durant said. "We just needed to help on the backside. There was miscommunication but we still had a chance to go into overtime."

Two chances, actually.

Oklahoma City got within one when Durant made a jumper over James, but no closer. Ray Allen's two free throws with 15.6 seconds left made it 100-97, and Miami's last three points came from the line. Durant missed a 3-pointer that James contested, Westbrook wound up with a second chance that Wade defended, and the Thunder guard smacked a nearby table arguing that he was fouled.

"Part of the game," Westbrook said.

While the stars were stars, the Heat got help from one unexpected source. Chalmers was making everything, even unintended plays. Allen lost possession on what looked to be a pass to no one, but Chalmers picked up the bouncing ball on the right wing, whirled and made a 3-pointer — putting Miami up 86-79 with 8:14 left.

In the end, that cushion was necessary.

"I got going early," Chalmers said, "and I stuck with it."

The Heat came out flying, opening a quick 13-2 lead after making six of their first seven shots. About all that didn't go right for the Heat early on was James committing a foul, the first time he was called for a personal since Dec. 8.

It happened 4:03 into the game — 254 minutes and 7 seconds of on-court time since his last one — when James fouled Ibaka on a dunk attempt.

Chalmers had 12 points, matching his season high, in the opening quarter alone, and that was also Miami's lead after his layup for a 15-3 edge. When Durant headed to the bench after being called for his second personal, plus a technical, with 2:08 left in the first, the Heat led 27-16.

But even with Durant out, Oklahoma City scored the last eight points of the quarter, six coming from the line. The Thunder shot 17 of the game's first 18 free throws and finished with a 38-19 edge in tries from the stripe.

The Heat were held to two points in the first 5:05 of the third, and the Thunder grabbed the lead for the first time. Durant connected on a baseline jumper while falling out of bounds and getting fouled by James. The resulting free throw gave Oklahoma City a 58-56 edge.

With that, the back-and-forth began, and Miami found a way.

"Both teams really played up to the billing," Wade said. "An excellent basketball game."

NOTES: James scored at least 20 points for the 30th straight regular-season game and 46th overall. ... Wade is 7-1 on Christmas, and James has won six straight on the holiday. ... Miami's Mike Miller became the 48th active player to reach 10,000 points. ... The Thunder have used the same starting lineup for all 27 games. ... James passed Bernard King for 39th on the NBA career scoring list. ... Attendance was 20,300, the largest crowd for a Heat home game since they moved into AmericanAirlines Arena.

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