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* * * * * WEDNESDAY, DECEMBER 3, 2014 ~ VOL. CCLXIV NO. 131 WSJ.com HHHH $3 .00

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TODAY IN PERSONAL JOURNAL

The Time Email ReallyWastesPLUS Battle of the $200 Laptops

CONTENTSArts in Review.......... D5Corp. News............... B2,3Global Finance............ C3Heard on Street..... C20Home & Digital..... D2,3In the Markets.. C10,11

Opinion.................. A13-15Property Report..... C12Sports.............................. D6Careers............................ B4U.S. News................. A2-6Weather Watch........ B6World News.......... A7-11

s Copyright 2014 Dow Jones & Company.All Rights Reserved

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What’sNews

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World-Widen Obama is poised to nomi-nate former Pentagon offi-cial Ashton Carter to be thenext defense secretary. A1n Iraq agreed to an oil-exportdeal with Kurdistan, ending animpasse that has stymied ef-forts to fight Islamic State. A1nLebanese authorities de-tained awoman they said is awife of Islamic State’s leader.A8n Islamic State backersposted a video in which theyclaim responsibility for shoot-ing a Dane in Saudi Arabia. A9nGunmen in Kenya attackeda quarry, killing 36 people theyidentified as Christians. Al-Shabaab took responsibility. A7nGOP leaders said they planto pursue trade and tax dealswith theWhite House andruled out a budget standoff. A4n Sen. Paul sought to outlinea nuanced foreign policy as heprepares a possible GOP presi-dential nomination bid. A4n Israel’s Netanyahu calledfor early elections after hefired two cabinet ministers. A9n French lawmakers passeda resolution calling for recog-nition of a Palestinian state. A9nSevere rainstorms drenchedCalifornia, triggering mud-flows and flash floods in thesouthern part of the state. A3nCalifornia lawmakers pro-posed canceling a college tu-ition hike for state residents.A5n Three Hong Kong protestleaders urged students to endtheir street occupations. A10n Public buildings in Detroitlost power after an aging un-derground cable failed. A2

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BNY Mellon gave Peltz’sinvestment firm a seat

on its board, joining a raft ofcompanies that have re-cently yielded to activists.A1nAuto makers posted strongU.S. sales for November, pow-ered by demand for largepickup trucks and SUVs. B1n Christie’s CEO is steppingdown, just weeks after art-auction rival Sotheby’s said itwould oust its own chief. B1n Pimco said investor out-flows from the Total Returnfund slowed sharply in No-vember, to $9.5 billion. C1nTheDow rose 102.75 to a re-cord 17879.55, aided by gainsin energy firms seen capable ofweathering lower oil prices. C10n Oil prices dropped, as adeal between Iraq and Kurdis-tan portends more supply. C4nRussia’s EconomyMinistrysaid the country will slip intorecession next year and theruble will remain weak. A11n Old emails may be comingback to haunt Credit Suisseover real-estate deals donebefore the financial crisis. C1n The U.S. financial systemis growing more vulnerableto debilitating shocks, a gov-ernment watchdog said. C3n Sprint said it would let sub-scribers pay half what they arepaying AT&T or Verizon if theyswitch from those carriers. B3nRadioShack and its lendersare at odds, threatening thefirm’s restructuring efforts. B3n Aviva and Friends Lifeagreed on final terms oftheir $8.8 billion deal. C3

Business&Finance

WASHINGTON—When 24-year-old Albert Jermaine Paytonwielded a knife in front of thepolice in this city’s southeastcorner, officers opened fire andkilled him.

Yet according to national sta-tistics intended to track policekillings, Mr. Payton’s death inAugust 2012 never happened. Itis one of hundreds of homicidesby law-enforcement agencies be-tween 2007 and 2012 that aren’tincluded in records kept by theFederal Bureau of Investigation.

A Wall Street Journal analysisof the latest data from 105 of thecountry’s largest police agenciesfound more than 550 police kill-ings during those years weremissing from the national tally or, in a few dozencases, not attributed to the agency involved. Theresult: It is nearly impossible to determine howmany people are killed by the police each year.

Public demands for transpar-ency on such killings have in-creased since the August shoot-ing death of 18-year-old MichaelBrown by police in Ferguson,Mo. The Ferguson Police De-partment reported to the FBIone justifiable homicide by po-lice between 1976 and 2012.

Law-enforcement expertslong have lamented the lack ofinformation about killings bypolice. “When cops are killed,there is a very careful accountand there’s a national data-base,” said Jeffrey Fagan, a lawprofessor at Columbia Univer-sity. “Why not the other side ofthe ledger?”

Police can use data about kill-ings to improve tactics, particu-larly when dealing with peoplewho are mentally ill, said Paco

Balderrama, a spokesman for the Oklahoma CityPolice Department. “It’s great to recognize that,because 30 years ago we used to not do that. We

PleaseturntopageA12

BY ROB BARRYAND COULTER JONES

INCOMPLETE RECORDS

Hundreds of Police KillingsUncounted in Federal Stats

Bank of New York MellonCorp., the nation’s oldest bank,gave Nelson Peltz’s investmentfirm a seat on its board, joininga raft of companies that have re-cently opened the door to activ-ists and headed off bruising pub-lic fights.

The 230-year-old bank onTuesday added Trian Fund Man-agement LP co-founder Ed Gar-den to its now-14-member boardfive months after the firm took a2.6% stake in the company andbegan privately pushing for costcuts and other measures.

That Bank of New York de-cided to give the $10 billion in-vestment firm a seat on its

board highlights the clout of ac-tivist investors. These investorstypically take stakes in compa-nies and then agitate for changessuch as asset sales or stock buy-backs to bolster share prices.

“We have had valuable discus-sions with Ed and Trian over thepast several months about ourprogress,” BNY Mellon Chief Ex-ecutive Gerald Hassell said in aprepared statement.

Dow Chemical Co. in Novem-ber settled with Daniel Loeb,adding two independent nomi-nees the activist had proposed tothe board. In September, Wal-green Co. gave Jana PartnersLLC two board seats. Smaller ac-tivist investors are also notching

PleaseturntopageA6

BY DAVID BENOIT

Big Bank Is Latest FirmToYield to anActivist

Police agencies FBI

Deadly ForceJustifiable law-enforcementhomicide totals from big policeagencies exceed the FBI tally

Source: WSJ analysis of data from 100 ofthe largest police agencies in the countryand the FBI

The Wall Street Journal

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WASHINGTON—President Ba-rack Obama is poised to nomi-nate Ashton Carter, a former topPentagon official known more asa technocrat than as a militarystrategist, to be the nation’s nextdefense secretary, according toadministration and other govern-ment officials.

The pick, defense officials say,signals more continuity thanchange in administration defensepolicy. Selecting Mr. Carter isamong the least disruptivechanges Mr. Obama could make.It would allow a former deputysecretary who understands theinner workings of the Pentagonto quickly take command of its

sprawling bureaucracy.The move also comes after the

top contender took herself out ofthe running for the job held byDefense Secretary Chuck Hagel,who was forced to announce lastmonth that he is stepping down.Administration officials com-plained Mr. Hagel was disen-gaged from national-security de-bates, more comfortable withsubmitting memos than withparticipating in heated discus-sions. Defense officials said Mr.Hagel was frustrated with seniorWhite House officials’ microman-aging his policy portfolio.

Mr. Carter, 60 years old, asumma cum laude graduate ofYale University and former Har-vard University professor, will be

PleaseturntopageA5

BY JULIAN E. BARNESAND CAROL E. LEE

Obama NearsDefense PickFormer Pentagon Deputy Carter WouldSucceed Hagel in Choice Seen as Safe

BAGHDAD—The Iraqi govern-ment agreed Tuesday to an oil-export deal with the northernregion of Kurdistan, signaling anend to a yearslong political im-

passe that has hobbled the econ-omy and stymied efforts to fightthe Islamic State insurgency.

The broad agreement allowsBaghdad and Erbil, the capital ofthe Kurdistan Regional Govern-ment or KRG, to mend brokenrelations that have put the de-

fense of the country against Is-lamic State on shaky ground.The accord is also likely to muf-fle calls in Iraqi Kurdistan for areferendum on the region’s inde-pendence from Baghdad.

“This agreement represents avictory for all Iraqis,” saidMasoud Haidar, a Kurdish mem-ber of the parliament in Bagh-dad. “There are no losers in thisagreement. All are winners.”

Obama administration officialsPleaseturntopageA8

By Matt Bradley, SarahKent and Ghassan Adnan

Iraq Deal Opens PathTo PressureMilitants

Somali Gunmen Kill 36 in Attack on Christians

NEW ASSAULT: Militants attacked a quarry in northern Kenya Tuesday, killing dozens of people theyidentified as Christian. The attack marked the second major assault in the region in less than two weeks. A7

European

Presspho

toAgency

Auto Sales Zoom, Helped by Low Prices at the Pump

Sources: Wards Auto (sales); U.S. Energy Department (gasoline); Reuters (photo) The Wall Street Journal

Car and truck sales have surged...U.S. auto sales, seasonally adjusted annualized rate

Workers at a Warren,Mich., Chrysler plant.

...as gas prices have tumbled.Average U.S. regular gasoline price, weekly

7.0

7.5

8.0

8.5

9.0

9.5 million

2.50

2.75

3.00

3.25

3.50

$3.75 per gallon

2014

Dec. 1

$2.74

November Light trucks

9.2M

2014

Cars

7.9M

Overall U.S. auto sales hit a 17.1 million-vehicle annualized pace in November, the highest November ratesince 2003, powered by strong demand for trucks and SUVs. B1

HowDoYouSolveaProblemLikeScalia?Set His Dissents to Music

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Outspoken Justice Inspires a Different TypeOf Courtroom Drama; Duet With Ginsburg

WASHINGTON—Justice An-tonin Scalia, whose barbed wit en-tertains audiences at SupremeCourt arguments, has some com-petition from AntoninScalia, the fictionalcharacter.

Like no justice be-fore him, the 78-year-old jurist is being por-trayed in works thatdraw on his words andlegacy as the longest-serving sitting justiceand one of the court’smost polarizing figures.

Justice Scalias areappearing in a stageplay, an opera and apuppet show, to name three. Theactual Justice Scalia ascribes hisproliferating stage presence to themedia culture of the modern age.

“It’s much more of a celebritysociety than it used to be,” he said.

“Supreme Court justices now areon television, they’re in the news-papers, blah, blah, blah.”

In real life, Justice Scalia usu-ally delights conservatives andvexes liberals, a tension that plays

prominently in the the-atrical works.

“Antonin Scalia is ina class by himself,” saidplaywright JohnStrand, whose drama,“The Originalist,” is setto open in March atWashington’s ArenaStage. While hesitatingto call him a tragichero, Mr. Strand likensthe 1986 Reagan ap-pointee to King Lear orRichard III, Shakespear-

ean characters of grand and some-times frustrated ambitions.

Evoking Mozart’s “The MagicFlute” and “Don Giovanni,”DerrickWang’s comic opera, “Scalia/Gins-

PleaseturntopageA12

BY JESS BRAVIN

Justice Scalia puppet

Boost in oil supplies likely....... C4 Price drop shakes Mideast..... A8

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