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THIS WEEK # USC TODAY Last Lecture Series with Dr. James Cutsinger, “Thinking is a Present Active Paiticiple and Other Forgotten Truths; p.m., Harper College Gressetre Room FRIDAY Theatre South Carolma presents “The Country Wife”: 8 p.m. Thursday through Saturday; 3 p.m. Sunday SATURDAY. Student Leadership Training Conference: 9 a.rn. Russell House lobby SUNDAY USC Opera Presents: 3 p.m. School of Music 206 Appeals courts uphold finding on partial-birth abortion ban Larry fleumeister THE ASSOCIATED PRESS NEW YORK — Two federal appeals courts on opposite sides of the country declared the Partial Birth Abortion- Ban Act unconstitutional Tuesday, saying the measure lacks an exception for cases in which a woman’s health is at stake. The first ruling came from a unanimous three judge panel of the 9th U.S. Circuit Court of Appeals. Hours later, a three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan issued a similar decision in a 2-1 ruling. The New York decision affirmed a 2004 ruling by a judge who upheld the right to perform the procedure even as he called it “gruesome, brutal, barbaric and uncivilized.” Chief Judge John M. Walker, a relative of former President George H.W Bush, said the court was “compelled by a precedent to invalidate a statute that bans a morally repugnant practice because its application might deny some unproven number of women a marginal health benefit.” THE GAMECOCK • Wednesday, Feb. 1, ON THE WEB © www.dailygamecock.com Read online five days a week. Take it to the bank. Appetite for Construction Nick Esares / THE GAMECOCK An excavator begins construction Tuesday on new intramural fields behind the Strom Thurmond Wellness and Fitness Center. State Toxic pet food maker • acknowledges failure The maker of contaminated pet food that caused the deaths of dozens of dogs nationwide acknowledged Tuesday that workers at its South Carolina plant failed to follow internal testing procedures to ensure its product was safe. The statement from Diamond Pet Foods came as the federal Food and Drug Administration released a i report showing the company has no record of test results for 12 shipments of incoming corn in September and October. This particular period is also the one during which tainted grain slipped into the plant. Follow-up tests by the FDA of four samples of incoming corn from September to November were positive for aflatoxin, a potentially deadly fungus commonly found on corn and other grains, while Diamond’s tests were negative. Diamond Pet Foods recalled 18 varieties of dog and cat food that was distributed across the country and overseas after a New York veterinarian called in December to say she had linked a dog’s death to the company’s food. I Nation Senate OKs Bernanke as Reserve chairman WASHINGTON — The Senate on Tuesday approved the nomination of Ben Bernanke to be the next chairman of the Federal Reserve, the most influential economic policy job in the world. Bernanke, 52, was cleared on a voice vote after a short debate in the chamber amid strong bipartisan support. He succeeds Alan Greenspan, 79, who retired Tuesday after 18 1/2 years, making him the second longest serving chairman at the central bank. c,,„ t:„ n.o ~- J- - oJ Ky., was the only senator requesting to be recorded as voting against the nomination. Bunning cited concerns that Bernanke would be too much in Greenspan’s mold. “Sadly, I have not seen very much evidence of him being independent,” Bunning said. A former Fed governor and Princeton economic professor,. Bernanke, chairman of the White House’s Council of Economic Advisers, was tapped by Bush in October for the Fed post. Bernanke must be sworn in before he takes over as the chairman of the Fed. World Madrid bomb suspect goes on trial in Milan MILAN, Italy — An alleged ringleader of the March 2004 Madrid bombings went on trial in a Milan court Tuesday on charges of international terrorism and plotting another attack in an undisclosed location. Handcuffed and dressed in white robes and a skullcap, Rabei Osman Sayed Ahmed was escorted by police into the courtroom and placed in a cage off to the side of the room. He listened to the proceedings through an interpreter. The start of the trial was thrown into some uncertainty because Ahmed’s lawyer didn’t show up in court. However, Judge Luigi Cerqua appointed another attorney to represent Ahmed and the hearing got under way two hours later with initial motions. Italian police acting on a tip from their Spanish counterparts arrested Ahmed in Milan three months after the Madrid attacks. He is accused of recruiting extremists as the head of a terrorist cell. Spanish and Italian authorities consider the 34-year-old Egyptian one of the masterminds of the bombings that killed 191 people. -1 T AMECOCK Nobody covers USC better. Nobody. 2006 Weather Forecast TODBV THU. FBI. SHT. SUn. High 62 High 68 High 66 High 63 High 98 loui 39 Low 52 Low 50 Low 91 Low 33 CRIME REPORT THURSDAY, JAN. 26 Larceny of Clothing, midnight Columbia Hall. 918 Barnwell St. The victim, 19, said someone removed 10 button-down Polo shirts and a microwave without permission from his room. Estimated value: $630 Reporting Officer: A. Mitchell SUNDAY, JAN. 29 Larceny of Planter, 2 p.m. McKisskk Museum, 816 Bull St. Javan Waters, 39, said someone removed a white concrete planter from the north side entrance of the museum. Estimated value: $200 Reporting Officer: M.A. Winnington MONDAY, JAN. 30 Accidental Damage, 10:04 a.m. Patterson Hall, 1520 Devine St. Raymond Saxon, 54, said one of his employees hit a window at Patterson Hall while backing up a leaf tractor. Estimated value: $250 Repotting Officer: M.A. Winnington Suspicious Activity, 10:40 a.m. Law Center, 1112 Greene St. The complainant said an unknown subject in the men’s restroom approached him on the first floor. The subject then asked him if he wanted to purchase some illegal contraband. The complainant refused and ' left die restroom to notify the police. Repotting Officer: J.M. Havre Ison Former UGA dean to be interviewed for law school post _ Rosemarie Cox THE GAMECOCK. The former dean of the University of Georgia Law School will visit USC Friday and Saturday to be interviewed for the position of dean of the USC Law School. David E. Shipley has served as dean at the University of Georgia Law School, as well as at the University of Kentucky School of Law and the University of Mississippi School of Law. Shipley got his B.A. from Oberlin College in Oberlin, Ohio with honors in the field of history and was nominated for a Rhodes Scholarship. He received his law degree from the University of Chicago, where he served as the executive editor of the University of Chicago Law Review. Shipley’s former colleagues spoke enthusiastically about his optimism. “You won’t find a person who is more upbeat and cheerful than David Shipley,” said Anne Proffitt Dupre, who joined the UGA Law School as a professor in 1994. “He always has a good word to say, and he always tries to look on the bright side of every situation.” Shipley led the UGA Law School through a series of changes, including a school-wide technology upgrade, a $3.2 million classroom and library renovation and a general improvement in the credentials of incoming students. Shipley is no stranger to the Columbia campus. He began as a visiting assistant professor and was named associate dean for administration and professor for the USC Law School from 1977 to 1990. He was named Teacher of the Year for the 1989-1990 academic year. Philip T. Lacy, a USC law school professor, is the interim dean. Comments on this story? E-mail gamecockneujs@gwm. sc. edu