Meet Gisele Bündchen's Daughter Vivian

Mom & Babies
Celebrity Baby Blog

02/08/2013 at 09:00 AM ET

Courtesy Gisele Bündchen

Meet Vivian Lake Brady!

Gisele Bündchen introduces her and Tom Brady‘s 9-week-old daughter in a Facebook post Friday, sharing a photo as the family vacations in Hawaii.

“Love is everything!!!” the model, 32, writes. “Happy Friday, much love to all.”

Born at home in Boston on Dec. 5, Vivian joins big brothers Benjamin, 3, and John, 5.

“We feel so lucky to have been able to experience the miracle of birth once again and are forever grateful for the opportunity to be the parents of another little angel,” Bündchen and her New England Patriots quarterback husband, 35, wrote at the time.

RELATED: Tom Brady Thrilled His Sons Have a Sister

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Southern diet, fried foods, may raise stroke risk

Deep-fried foods may be causing trouble in the Deep South. People whose diets are heavy on them and sugary drinks like sweet tea and soda were more likely to suffer a stroke, a new study finds.

It's the first big look at diet and strokes, and researchers say it might help explain why blacks in the Southeast — the nation's "stroke belt" — suffer more of them.

Blacks were five times more likely than whites to have the Southern dietary pattern linked with the highest stroke risk. And blacks and whites who live in the South were more likely to eat this way than people in other parts of the country were. Diet might explain as much as two-thirds of the excess stroke risk seen in blacks versus whites, researchers concluded.

"We're talking about fried foods, french fries, hamburgers, processed meats, hot dogs," bacon, ham, liver, gizzards and sugary drinks, said the study's leader, Suzanne Judd of the University of Alabama in Birmingham.

People who ate about six meals a week featuring these sorts of foods had a 41 percent higher stroke risk than people who ate that way about once a month, researchers found.

In contrast, people whose diets were high in fruits, vegetables, whole grains and fish had a 29 percent lower stroke risk.

"It's a very big difference," Judd said. "The message for people in the middle is there's a graded risk" — the likelihood of suffering a stroke rises in proportion to each Southern meal in a week.

Results were reported Thursday at an American Stroke Association conference in Honolulu.

The federally funded study was launched in 2002 to explore regional variations in stroke risks and reasons for them. More than 20,000 people 45 or older — half of them black — from all 48 mainland states filled out food surveys and were sorted into one of five diet styles:

—Southern: Fried foods, processed meats (lunchmeat, jerky), red meat, eggs, sweet drinks and whole milk.

—Convenience: Mexican and Chinese food, pizza, pasta.

—Plant-based: Fruits, vegetables, juice, cereal, fish, poultry, yogurt, nuts and whole-grain bread.

—Sweets: Added fats, breads, chocolate, desserts, sweet breakfast foods.

—Alcohol: Beer, wine, liquor, green leafy vegetables, salad dressings, nuts and seeds, coffee.

"They're not mutually exclusive" — for example, hamburgers fall into both convenience and Southern diets, Judd said. Each person got a score for each diet, depending on how many meals leaned that way.

Over more than five years of follow-up, nearly 500 strokes occurred. Researchers saw clear patterns with the Southern and plant-based diets; the other three didn't seem to affect stroke risk.

There were 138 strokes among the 4,977 who ate the most Southern food, compared to 109 strokes among the 5,156 people eating the least of it.

There were 122 strokes among the 5,076 who ate the most plant-based meals, compared to 135 strokes among the 5,056 people who seldom ate that way.

The trends held up after researchers took into account other factors such as age, income, smoking, education, exercise and total calories consumed.

Fried foods tend to be eaten with lots of salt, which raises blood pressure — a known stroke risk factor, Judd said. And sweet drinks can contribute to diabetes, the disease that celebrity chef Paula Deen — the queen of Southern cuisine — revealed she had a year ago.

The National Institute of Neurological Disorders and Stroke, drugmaker Amgen Inc. and General Mills Inc. funded the study.

"This study does strongly suggest that food does have an influence and people should be trying to avoid these kinds of fatty foods and high sugar content," said an independent expert, Dr. Brian Silver, a Brown University neurologist and stroke center director at Rhode Island Hospital.

"I don't mean to sound like an ogre. I know when I'm in New Orleans I certainly enjoy the food there. But you don't have to make a regular habit of eating all this stuff."

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Marilynn Marchione can be followed at http://twitter.com/MMarchioneAP

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Bar trivia is more than just fun and games

The door to the bar in Palms swung open, and strains of the theme from "Rocky III" burst into the street: "It's the eye of the tiger / It's the thrill of the fight!"

It was the call to arms for the Tuesday trivia night at the Irish Times pub.

A tall man stood among the Irish flags and faux-antique Guinness etchings and shot off the first question: "An NFL broadcaster who earned a law degree." Regulars nursing craft brews and munching on mozzarella sticks at the bar ignored him. But in the corner, John Verran and his trivia team worked intently on the correct answer.

"It's very competitive," said Verran, 27, a geographical information systems graduate student.

Bar trivia in Los Angeles is no trifling matter. Building on the runaway popularity of the game Trivial Pursuit in the 1980s, the pub quiz phenomenon exploded in British and Irish watering holes, spread to the East Coast and arrived in Southern California in earnest five years ago. As many as 70 local bars put on trivia nights, with more joining every day, said Andy Roth, owner of Action Trivia, one of the larger promoters.

"It's Manifest Destiny, man," said Roth, talking of the trend's momentum after hosting a pub quiz Wednesday at Michael's Bar & Grill in Burbank. "The hipsters love this."

The Irish Times game is highly organized — printed answer forms, weighted categories, intricate scoring. Some promoters hire staff members to research questions; others rely on hosts and players for suggestions. Prizes are usually nominal: a free dinner, or cash off the bar tab.

It's a know-it-all's paradise, and I should know. My childhood nickname was "Mrs. Dictionary." Does anyone else remember the Knowledge Bowl at the Balboa Fun Zone?

The players are Type-Aers whose idea of relaxation is a savage intellectual dogfight. All in good fun, of course. The top teams skew young, 20-somethings who spend all day online and are hungry for human contact. Structured play is safe ground for a generation raised in day care with their off-hours strictly regimented, and who suffer from early-onset nostalgia — Teletubbies, '90s pop.

Verran's team, Deliveries in the Rear ("It seemed amusing at the time," he said), formed around a nucleus of classmates from USC law school. They've been playing trivia at Irish Times for four years, returning week after week to face familiar rivals.

Verran was captain of his high school's championship Quizbowl team in Huntington Beach and is a lifelong trivia buff. "My mind just works that way," he said. Avi Schwartz, a patent lawyer with a chemistry degree, is the science nerd. Kristen Sales, who writes about movies for a film website, just likes games. "I grew up playing games," Sales said. "Me at 25 and me at 12 are basically the same person."

Some teams study on their own time, or enlist ringers to shore up their weak areas. Players size each other up in competition, then come together to form superteams.

"There are even headhunters out there recruiting," said entertainment attorney and Deliveries member Vanessa Flanders.

Greg Beron of Dreambuilders Multi-Media was the evening's host. A former lawyer, he runs a home brewing supply store in Culver City and does trivia on the side.

The Irish Times game is tough, he conceded. His musical interludes are sometimes clues to the answers, but not always. Beron doesn't want me to say which were which, and was touchy about my printing answers to any of his questions; he's saving the game for another pub quiz.

"We're not there to make it easy for people," Beron said.

Early in the first round, Deliveries faced their first big challenge, a four-part bonus question: Name double-word song titles performed by musicians David Bowie, Billy Idol, Paula Abdul and Run DMC.

A thrill of excitement ran through me when I heard it: "Rebel Rebel!" I cried. Bowie, my era!

Deliveries also got the Bowie tune and Idol's "Mony Mony" ("Spelling counts on this one," Beron said.) But Run DMC's "Mary, Mary" and Abdul's "Rush Rush" eluded the team.

"We almost had it — we put 'Hush Hush,' " Verran said of fluffing the Abdul answer.

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Court Urged to Reverse a Ruling on Terror

The Obama administration on Wednesday urged a federal appeals court to overturn a sweeping ruling by a district judge that blocked the government from enforcing a statute related to the indefinite detention without trial of terrorism suspects.

Appearing before a three-judge panel of the Court of Appeals for the Second Circuit, in Manhattan, Robert M. Loeb, a Justice Department lawyer, said a lawsuit challenging the statute should be dismissed because those who brought it — including a former reporter for The New York Times, Christopher Hedges, who interacts with terrorist groups for his reporting, and several supporters of the antisecrecy group WikiLeaks — had no real-world risk of being detained.

“The plaintiffs’ claims all fail at the outset,” Mr. Loeb said, asserting that the plaintiffs had failed to show an “objectively reasonable fear of being placed in long-term detention.”

But lawyers for the plaintiffs, Carl J. Mayer and Bruce Afran, insisted that their clients had legal standing to challenge the statute — a provision of the National Defense Authorization Act of 2012 — because it interfered with their right to free speech by creating a basis to fear that they might be placed in military detention on the basis of their activities.

The provision authorizes the detention of people who are part of or “substantially supported” Al Qaeda or “associated forces.” When Congress enacted it, lawmakers said the statute merely reaffirmed, and did not expand, the existing detention powers granted a decade earlier in the authorization to use military force against the perpetrators of the Sept. 11, 2001, terrorist attacks.

But lawmakers did not specify whether Americans could be detained without trial and were vague about what kind of conduct was off limits. In September, Judge Katherine B. Forrest of Federal District Court ruled that Congress had expanded the government’s detention powers, saying the 2001 version did not cover mere supporters. A portion of her ruling suggested that the government could be held in contempt if it detained anyone under that theory.

The Obama administration appealed, arguing that her ruling was wrong and put a cloud over its existing detention authority for prisoners picked up in the Afghanistan war zone.

On Wednesday, Judge Raymond J. Lohier, an appellate court judge, pressed Mr. Loeb about whether there had been any authority before the 2011 statute that allowed the government to detain people based upon “substantial support” of a terrorist group.

“To my knowledge it has never been applied that way,” Mr. Loeb replied.

Another judge on the panel, Lewis Kaplan, questioned whether there could be any guarantee that the current policy limits on powers would always be in place.

“The executive branch has been known occasionally to change its mind, isn’t that true?” he asked.

David Rivkin, a lawyer representing three lawmakers, including Senator John McCain, Republican of Arizona, argued that the statute should be upheld because Congress, presidents of both parties and other judges had agreed that the government has, and should have, indefinite detention powers in the war against Al Qaeda.

“The political branches are speaking in unison,” Mr. Rivkin said.

Charlie Savage contributed reporting from Washington.

This article has been revised to reflect the following correction:

Correction: February 7, 2013

An earlier version of this article misstated the fiscal year of the National Defense Authorization Act whose indefinite detention provision is being challenged. It is 2012.

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Scott Neeson Left Hollywood to Save Kids in Cambodia's Slums

Scott Neeson's life in Hollywood was dreamy – he had the million-dollar salary, the yacht, the A-list contacts and a packed social calendar.

But after he stepped into a nightmare in Cambodia's Steung Meanchey garbage dump in December 2003, he walked away from all his wealth to help some of the poorest children in the world.

At the dump in the Cambodian capital of Phnom Penh he saw a girl, dressed in rags, picking through syringes and broken glass. Her name, Neeson learned through an interpreter, was Srey Nich. She was 9 and lived in the dump with her mother and younger sister; there they collected scraps, which they sold for money to buy food.

"How could anyone survive here?" Neeson recalls thinking. "I couldn't look away."

So, Neeson, 53, gave up his Hollywood life and never looked back. Once president of 20th Century Fox International, overseeing films from Titanic to X-Men, the Scottish-born executive drove a Porsche and lived in ritzy Brentwood.

Today, he lives in a two-story home that doubles as office space for his nonprofit Cambodian Children's Fund. Since 2004, Neeson's charity has helped house, educate and provide health care for more than 1,450 children in the country's most desperate slums.

"Scott is a remarkable human being who put his life on the line to help children in Cambodia who had no hope," says Dr. Jay Winsten, associate dean of the Harvard School of Public Health. "Now they have a future."

Neeson says that his life is better now because of his decision.

"I miss a lot of things about Hollywood." he says, "but I wouldn't change this for the world."

Poverty To Riches

Neeson never imagined much of a future for himself. Growing up in a working-class neighborhood in Elizabeth, Australia, where his father worked for the Department of Defense and his mother as a cleaning lady, he was a frail kid, unhappy both at home and in school.

"A lot of teachers said I'd be unemployed, spend my life on welfare," he says.

He dropped out of high school and found work delivering movie posters to theaters, working his way up to projectionist and then assistant to the director of movie programming, eventually landing the position of managing director at an Australian film distributor that later merged with Sony. By 1993 he was vice president of international marketing for Fox and moved to America, ultimately being promoted to president in 2003.

"Scott was a major driving force," says former Fox colleague Gina Kilberg, now senior vice president of international media at Sony. "He was very motivated to be successful."

Scott Neeson at a fundraiser for his organization in 2012

Joe Scarnici / Getty

And along with success came lavish perks. "Cindy Crawford lived two doors down from me," he says, laughing. "For someone who'd been told over and over he'd never amount to anything, to earn a million dollars and have this great lifestyle was something I'd never dreamed of."

Life-Changing Trip

The excesses of that life came into sharp focus on his second trip to Phnom Penh just a few months after his first. He had returned to the dump and was trying to help three sick children when he got a call on his cell phone. It was an agent whose star client was having a meltdown before boarding his private jet because it wasn't properly stocked with his favorite amenities.

"The actor said, 'My life wasn't meant to be this difficult.' The kids I was with were very sick and here's this movie star yelling," says Neeson. "If I needed a sign, that was it."

These days Neeson (who's lived in Cambodia for the past 10 years) is as driven as he ever was, only about different things. He starts work at dawn with a cup of coffee from his espresso machine – his one luxury – and leaves the country only for fund-raising trips. He uses his formidable negotiating skills to persuade desperate and starving parents to enroll their kids in his school or bring a sick baby to his clinic.

"I guess I identify with [the kids] never believing they could do anything with their lives," he says. "They've been through so much, but they're so hugely energetic and joyful. I've got more love in my life than I ever thought existed. My fear is what would have happened to me if I was still living a life all about me."

For the road he did take, Neeson only need thank Srey Nich, that first little girl from the dump. Using his own money, Neeson got Srey Nich and her family out of the now-closed dump and into a house. She then became one of the original students at Neeson's CCF school. Today, 18 years old and planning for college next year, she says Neeson changed everything for her.

"The dump was a very bad, dirty place," she says. "Now my life has changed. I can speak English with you, I have the opportunity to go to school. Everything is different."

How He's Helping

• More than 1,450 students attend the school, which supplements public education – and nearly all stay on.

• After learning cooking and customer-service skills, about 100 students have landed jobs in restaurants and hotels.

• Three full-time doctors and seven nurses treat more than 3,000 patients a month at the free medical clinic.

Know a hero? Send suggestions to heroesamongus@peoplemag.com. For more inspiring stories, read the latest issue of PEOPLE magazine

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New whooping cough strain in US raises questions

NEW YORK (AP) — Researchers have discovered the first U.S. cases of whooping cough caused by a germ that may be resistant to the vaccine.

Health officials are looking into whether cases like the dozen found in Philadelphia might be one reason the nation just had its worst year for whooping cough in six decades. The new bug was previously reported in Japan, France and Finland.

"It's quite intriguing. It's the first time we've seen this here," said Dr. Tom Clark of the Centers for Disease Control and Prevention.

The U.S. cases are detailed in a brief report from the CDC and other researchers in Thursday's New England Journal of Medicine.

Whooping cough is a highly contagious disease that can strike people of any age but is most dangerous to children. It was once common, but cases in the U.S. dropped after a vaccine was introduced in the 1940s.

An increase in illnesses in recent years has been partially blamed on a version of the vaccine used since the 1990s, which doesn't last as long. Last year, the CDC received reports of 41,880 cases, according to a preliminary count. That included 18 deaths.

The new study suggests that the new whooping cough strain may be why more people have been getting sick. Experts don't think it's more deadly, but the shots may not work as well against it.

In a small, soon-to-be published study, French researchers found the vaccine seemed to lower the risk of severe disease from the new strain in infants. But it didn't prevent illness completely, said Nicole Guiso of the Pasteur Institute, one of the researchers.

The new germ was first identified in France, where more extensive testing is routinely done for whooping cough. The strain now accounts for 14 percent of cases there, Guiso said.

In the United States, doctors usually rely on a rapid test to help make a diagnosis. The extra lab work isn't done often enough to give health officials a good idea how common the new type is here, experts said.

"We definitely need some more information about this before we can draw any conclusions," the CDC's Clark said.

The U.S. cases were found in the past two years in patients at St. Christopher's Hospital for Children in Philadelphia. One of the study's researchers works for a subsidiary of Johnson & Johnson, which makes a version of the old whooping cough vaccine that is sold in other countries.

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JournaL: http://www.nejm.org

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Four Coursera online classes are deemed worthy of college credit

The new industry of large-scale online education will garner an important measure of academic respectability Thursday when the American Council on Education announces that four courses of the Mountain View, Calif.-based Coursera organization are worthy of college credit — if anti-cheating measures are enforced.

It is now up to colleges and universities to decide whether to allow their students to replace traditional courses taught in classrooms with low-cost online courses that enroll many thousands of students worldwide and involve little direct interaction with instructors.

Yet the news that that the four courses, including a pre-calculus class from UC Irvine, passed ACE muster is viewed as a reputation and financial boost for the emerging industry of massive open online courses, or MOOCs as they are known, offered by Coursera and others.

Coursera is a for-profit clearinghouse for online and videotaped courses developed and taught by professors at well-established colleges.

Besides the UC Irvine course, ACE is recommending that other colleges accept two classes from Duke University, in genetics and bioelectricity, and a University of Pennsylvania calculus class. A UC Irvine algebra course is being recommended for pre-collegiate remedial or vocational credit.

Dean Florez, a former California state senator who is president of the Twenty Million Minds Foundation, an organization that seeks to widen access to online learning, described the move as a huge step in national higher education. He said he hoped that it will encourage state colleges and universities in California and elsewhere to move more quickly into online education, especially for entry-level courses that are now so overcrowded that students have trouble enrolling in them, delaying graduation.

The ACE approval comes just three weeks, Florez noted, after San Jose State launched a partnership with Udacity, another prominent online education group, to create for-credit courses. Gov. Jerry Brown is pushing for more online education as a way to cut costs and widen access at state campuses.

"The biggest implication of this is that it will help a lot of working adults who do not have college degrees to take the first steps to earn one," said Andrew Ng, a Stanford computer science professor who is one of Coursera's co-founders. High school students seeking college credits are another likely group, he added.

Coursera offers 217 courses taught at 33 colleges, and Ng said ACE will review more courses soon. He said it was too early to predict how many colleges might grant credit.

UC Irvine math instructor Sarah Eichhorn, who co-teaches the two approved courses with Rachel Lehman, said she was delighted with the announcement. The instructors adapted the courses from existing online ones previously offered mainly to UC Irvine students.

Now, through Coursera, about 40,000 people signed up for the free pre-calculus class, although only about 10,000 are watching the videos. Such online classes, Eichhorn said, represent "a wake-up call for our standard model of education."

It is usually free to take a course through Coursera and other similar groups, including Udacity and edX. However, Coursera charges students $30 to $99 for a completion certificate for a class taken under surveillance monitoring that includes individualistic typing patterns to prove a student's identity. For an additional $60 to $90, a student will be eligible for the ACE credit by taking final exams proctored through webcams. A portion of those fees will go to schools such as UC Irvine that created the classes.

Those anti-cheating measures are important, said Cathy Sandeen, ACE's vice president overseeing online education. "We want to have a credible means for authenticating the identity of the student and proctoring the exams," she said.

In the past, ACE has recommended degree credit for other online courses and organizations. But this is the first time the group has endorsed classes from large, wholly online organizations with open enrollments, Sandeen said. ACE was paid for the course reviews and students can also pay for a transcript service from the council.

larry.gordon@latimes.com

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IHT Rendezvous: Turkey Hints at a Breakup With Europe

LONDON — A half century after taking the first steps toward becoming an integral part of Europe, Turkey may be ready to give up.

After heavy hints that Ankara is looking eastwards to a closer alliance with Asia, Recep Tayyip Erdogan, the prime minister, said this week that membership in the European Union was not a must for Turkey.

“It is not the Apocalypse if they do not let us in the E.U.,” Mr. Erdogan told reporters during a visit to Budapest on Wednesday, as he launched his latest broadside against the Union’s alleged delaying tactics to keep his country out.

His remarks followed a news conference earlier this week in Prague, where Mr. Erdogan described the delay in granting membership to Turkey as “unforgivable.”

These and similar expressions of frustration have come as Turkey approaches the 50th anniversary of an agreement with what was then the European Economic Community, which was to have led to eventual full membership in the bloc.

Mr. Erdogan set the tone in a television interview last month in which he accused the E.U. of dragging its feet because Turkey was an Islamic nation.

As my colleague Andrew Finkel wrote from Istanbul, the prime minister also “threw the diplomatic equivalent of a cream pie” into the debate by suggesting Turkey join the Shanghai Cooperation Organization instead.

Membership of the S.C.O., which groups Russia, China and central Asian states, is not widely viewed as a viable alternative to joining Europe. Andrew wrote that Mr. Erdogan’s proposal prompted Turkish columnists to ask whether he might be bluffing in an attempt to put pressure on the Europeans.

The same question was posed this week by Pravda.ru, a Russian news Web site: “The first thought about the purpose of such statements is the fact that Turkey is trying to express its disappointment with the stalled negotiations on accession to the E.U.”

But it did not rule out the possibility that Mr. Erdogan might be seeking power “wherever his country’s economic strength is consistent with its geopolitical needs as a global player,” in contrast to a weak Europe that was preoccupied with its internal problems.

Washington has suggested that Turkish membership in the S.C.O., a security organization viewed as an anti-American bulwark in Central Asia, might be problematic in view of the Turkish role in N.A.T.O.

“Obviously it would be interesting, given the fact that Turkey is also a N.A.T.O. member,” Victoria Nuland, the State Department spokeswoman, said last week.

Hugh Pope, the International Crisis Group’s project director in Turkey, suggested that Mr. Erdogan was courting popularity by bashing the Union.

Turks are frustrated not only by delays in the membership process, he told Rendezvous, but also by the draconian visa regulations they face when traveling to Europe. Potshots aimed at Turkey by European critics were also deeply offensive to Turks, he said.

“But joining the E.U. is not rocket science,” he added, emphasizing that Turkey had to meet the requirements of the club if it wanted to join. This would include making domestic reforms and changing its policy on Cyprus, an E.U. state that it refuses to recognize.

Mr. Erdogan’s recent remarks on Europe might not indicate that Turkey is quite ready to break off the world’s longest engagement.

Murat Yetkin, of the Turkish daily newspaper Hurriyet, commented on Wednesday: “It is…clear that Turkey-E.U. relations cannot go on like this any longer; another chapter this year, a pointless agreement the next.”

However, he wrote, “it seems that neither Turkey nor the E.U. wants to be the first to declare divorce. Perhaps because both sides know that it would be a strategically wrong move.”

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Snoop Dogg Gets the Party Started with Ben Affleck and Jennifer Lawrence

Caught in the Act

02/06/2013 at 06:00 AM EST

Ben Affleck and Jennifer Lawrence, inset: Snoop Lion (Dogg)

Valerie Goodloe/PictureGroup; Frederick M. Brown/Getty

Guess the "O" in "O.G." stands for Oscar.

Ben Affleck and Jennifer Lawrence both attended the Hollywood Reporter's Nominees' Night 2013 at Spago in Beverly Hills on Monday.

It was a low-key affair at first, with Affleck holding court in a central area of the soiree, where he was animated while chatting with people and seemed excited and genuinely happy.

The Argo star and director, looking handsome in a suit, also obliged guests who approached him for photos.

Lawrence was spotted embracing her Silver Linings Playbook costar Julia Stiles. "You're so stunning!" Stiles told Lawrence just before taking a snapshot together.

As the evening continued, it was clear that Lawrence was the darling of event. Fellow guests were going up and telling her she is beautiful and they're so proud of her and Lawrence was ever the gracious guest, chatting with anyone who approached her.

But it wasn't until Snoop Lion (Dogg) arrived, who went by the deejay name Snoopadelic, that the party really went into full gear. After a lengthy intro that included a clip-filled video, Snoop emerged, gave an intro of his own – he praised Argo and shouted for Affleck to come take a photo with him before the night's end – and began playing an eclectic mix of songs, which included everything from Pat Benatar to 2 Chainz.

– Dahvi Shira

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Critics seek to delay NYC sugary drinks size limit

NEW YORK (AP) — Opponents are pressing to delay enforcement of the city's novel plan to crack down on supersized, sugary drinks, saying businesses shouldn't have to spend millions of dollars to comply until a court rules on whether the measure is legal.

With the rule set to take effect March 12, beverage industry, restaurant and other business groups have asked a judge to put it on hold at least until there's a ruling on their lawsuit seeking to block it altogether. The measure would bar many eateries from selling high-sugar drinks in cups or containers bigger than 16 ounces.

"It would be a tremendous waste of expense, time, and effort for our members to incur all of the harm and costs associated with the ban if this court decides that the ban is illegal," Chong Sik Le, president of the New York Korean-American Grocers Association, said in court papers filed Friday.

City lawyers are fighting the lawsuit and oppose postponing the restriction, which the city Board of Health approved in September. They said Tuesday they expect to prevail.

"The obesity epidemic kills nearly 6,000 New Yorkers each year. We see no reason to delay the Board of Health's reasonable and legal actions to combat this major, growing problem," Mark Muschenheim, a city attorney, said in a statement.

Another city lawyer, Thomas Merrill, has said officials believe businesses have had enough time to get ready for the new rule. He has noted that the city doesn't plan to seek fines until June.

Mayor Michael Bloomberg and other city officials see the first-of-its-kind limit as a coup for public health. The city's obesity rate is rising, and studies have linked sugary drinks to weight gain, they note.

"This is the biggest step a city has taken to curb obesity," Bloomberg said when the measure passed.

Soda makers and other critics view the rule as an unwarranted intrusion into people's dietary choices and an unfair, uneven burden on business. The restriction won't apply at supermarkets and many convenience stores because the city doesn't regulate them.

While the dispute plays out in court, "the impacted businesses would like some more certainty on when and how they might need to adjust operations," American Beverage Industry spokesman Christopher Gindlesperger said Tuesday.

Those adjustments are expected to cost the association's members about $600,000 in labeling and other expenses for bottles, Vice President Mike Redman said in court papers. Reconfiguring "16-ounce" cups that are actually made slightly bigger, to leave room at the top, is expected to take cup manufacturers three months to a year and cost them anywhere from more than $100,000 to several millions of dollars, Foodservice Packaging Institute President Lynn Dyer said in court documents.

Movie theaters, meanwhile, are concerned because beverages account for more than 20 percent of their overall profits and about 98 percent of soda sales are in containers greater than 16 ounces, according to Robert Sunshine, executive director of the National Association of Theatre Owners of New York State.

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Follow Jennifer Peltz at http://twitter.com/jennpeltz

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