Law

Sean Hurley

Governor Hassan stopped by the Woodstock Inn Station & Brewery in North Woodstock to sample the microbrew and ceremonially sign into law HB 253 allowing nanobreweries to serve beer to their customers.  Sean Hurley was there and sends us this report.

Before Governor Hassan cracked open a celebratory bottle of beer, she did a bit of governing, signing into law House Bill 253.

I am very very proud to support this important sector of our economy by signing both these bills, so how about we go do that?

Leo Reynolds via flickr Creative Commons

In this special edition of Word of Mouth: are we catching up with technology? This week we'll explore the very human way we interact with technology; resistance is futile.

FlyingSinger via Flickr Creative Commons

For a long time, outer space was conceptually  and legally a no-man’s land – that changed on October 4th, 1967 when the Soviet Union launched a satellite called Sputnik into Earth’s orbit, triggering an international space race and calls for internationally binding laws to govern  space exploration.  Last amended in 1979, the outer space treaty drafted in 1967 facilitated smooth, peaceful interactions between nations capable of probing space.  As the prospect of civilian space travel and settlement appears more accessible, international space law may be in need of revision. Joining us to discuss the field is Michael Listner, President of the International Space Safety Foundation.

Arts On Trial

Apr 9, 2013
afsart via flickr Creative Commons

Throughout history, pieces of art – and their creators, have been hauled into the courtroom. They stood accused of obscenity, extramarital dalliances, societal intermingling, and blasphemy – among other equally verbose charges. Government agencies championed their prosecution as a righteous public service – but maybe they just needed to gain a little sense of humor. Regardless, these pieces of art fought the law. Here to discuss whether the law won is Clay Wirestone, arts editor for the Concord Monitor and author of an article in an upcoming issue of Mental Floss called, “Arts on trial.”

The Lawyer Bubble

Mar 18, 2013
thelawyerbubble.com

Since 2004, the number of law-school applications has dropped from almost 100,000 to 54,000, and the Law School Admission Council recently reported that applications were heading toward a 30 year low. Steven J. Harper submits that these declining numbers haven’t emerged from uncontrollable market forces, but are rather a result of human greed and grandiosity that went unchecked for decades. Steven is an adjunct professor at Northwestern University and author of the forthcoming book The Lawyer Bubble: A Profession in Crisis.

Thirty years ago, Corrections Corporation of America opened its first private prison. As demand for border patrol increased over the decades, so has its earnings. Last year, CCA brought in $1.7 billion dollars in revenue – a quarter of which came from government agencies enforcing immigration policy and incarcerating non-citizens in the US. Lee fang is Reporting Fellow with the Investigative Fund at The Nation Institute. He probed the connection between prison profits and stiffer immigration policies and came up with some unsettling answers.

Thirty years ago, Corrections Corporation of America opened its first private prison. As demand for border patrol increased over the decades, so has its earnings. Last year, CCA brought in $1.7 billion dollars in revenue – a quarter of which came from government agencies enforcing immigration policy and incarcerating non-citizens in the US. Lee fang is Reporting Fellow with the Investigative Fund at The Nation Institute.

For nearly a decade, New Hampshire has been seeking hundreds of millions of dollars from oil companies over the chemical additive MTBE, which the state says caused contamination in the state’s groundwater. The legal proceedings originally involved 26 oil companies; as trial began this week, there were just two left, ExxonMobil and Citgo, and now there may be just one.

In one of the most widely anticipated decisions in recent history, the U.S. Supreme Court today ruled that the sweeping federal law overhauling the nation's health care system is constitutional.

The Supreme Court is about to take up one of this term's biggest cases. Next Wednesday, the court will hear arguments challenging Arizona's controversial state immigration law, known as SB 1070.

Among other things, the law makes it a state crime to be in the country illegally and requires police to question the immigration status of people they stop. Lower courts blocked parts of the law when it was passed nearly two years ago.

But in that time, things in Arizona have been changing.

Proponents of the death penalty often argue that the threat of being executed acts as a deterrent that prevents people from committing murder. But those who oppose capital punishment challenge that claim. And some researchers argue that state-sanctioned execution might actually increase homicide rates.

Now, a panel of independent experts convened by the prestigious National Research Council has taken a look at this question and decided that the available research offers no useful information for policymakers.

Fairview Developmental Center in Costa Mesa, Calif., is a sprawling facility of offices, residential buildings and therapy rooms set between a noisy boulevard and a golf course.

Some 400 people with developmental disabilities live at Fairview. And while minor scratches and bruises are not uncommon for these patients, over the years, the center has seen scores of serious injuries and even deaths.

Fairview is one of five state-run developmental centers in California — homes for people with developmental disabilities who are unable to care for themselves.

NH House Mulls Deregulating Phone Service

Apr 18, 2012

Fairpoint’s struggles since taking over Verizon’s northern New England land line network in 2007 have been well-documented in the media with

More than a decade ago, the New Hampshire legislature partially deregulated its electricity market.  The move was supposed to allow residential customers the chance to buy power from companies other than Public Service of New Hampshire, which dominates the state’s electricity market.  But for a long time, nothing really happened.

The question of how far the government can go in forcing a business — in this case cigarette makers — to warn consumers about its product is before a federal appeals court in Washington, D.C., on Tuesday.

The Food and Drug Administration wants large, graphic warning labels to scare smokers, but tobacco companies say that violates their right to free speech.

Cleveland resident Cedric Cowan was asleep on an overcast spring morning when the roaring sounds of splintering wood and falling rubble jolted him awake.

Cowan lives in a neighborhood hit hard by foreclosures. He initially thought someone was moving into the house on the other side of Fairport Avenue.

Instead, he woke that morning to find a crew tearing down the two-family house.

Over the course of three hours, an excavator smashed, crushed and ripped apart the abandoned house while a worker sprayed the rubble with a hose to keep the dust down.

Herbert Burtis met the person he wanted to marry in college, in 1948. But since the object of his affection was another man, they had to wait until 2004 for the ceremony, when Massachusetts legalized same-sex marriages.

"It's a long engagement," Burtis says, laughing. "We thought it was time that we made each other honest people."

His spouse, John Ferris, died four years ago. When Burtis went to the Social Security office to apply for survivor benefits, the clerk told him the federal government did not recognize his marriage.

Photo: Chris Jensen

Much of the battle over the Northern Pass hydro-electric project has focused on cutting a new route through the forests of the North Country.

Northern Pass intends to use 140 miles of existing right of way for much of the remainder of the project.

That may not be as easy as it sounds.

NHPR's Chris Jensen reports.

 

It takes maybe five minutes – including crossing a large brook on a narrow board – for Kris Pastoriza to reach the right-of-way that cuts through her wooded land in Easton.

A senior pathologist in the Los Angeles County coroner's office has sharply questioned the forensic evidence used to convict a 51-year-old woman of shaking her 7-week-old grandson to death, identifying a host of flaws in the case.

A former executive at the center of the meltdown of brokerage firm MF Global appeared before Congress on Wednesday to answer questions from lawmakers. Members of the House Financial Services Committee were hoping assistant treasurer Edith O'Brien would explain the actions of the firm's CEO, ex-New Jersey Gov. Jon Corzine.

The historic legal arguments on the Obama health care overhaul came to a close at the U.S. Supreme Court on Wednesday, with key justices suggesting the court may be prepared to strike down not just the individual mandate but the whole law.

The major arguments of the day were premised on a supposition. Suppose, asked the court, we do strike down the individual mandate — what other parts of the law, if any, should be allowed to stand?

The Supreme Court has dealt privacy advocates a huge setback. By a 5-3 majority, the court ruled that people who sue the government for invading their privacy can only recover out-of-pocket damages. And whistle-blower lawyers say that leaves victims who suffer emotional trouble and smeared reputations with few if any options.

Justice Samuel Alito and all four of his conservative colleagues turned back a challenge from a pilot named Stan Cooper. (Justice Elena Kagan did not participate in the case.)

LLC Filing Overhaul Passes Senate

Mar 28, 2012

A bill overhauling the way numerous businesses file with the state has passed the Senate by a wide margin.  The AP reports SB 203 passed on a 22–2 voice vote:

“It includes provisions for electronic communication, conflicts of interest and provides an

easier path for corporations to move to New Hampshire. Supporters say this will

bring New Hampshire up to speed with its neighbors.

With the fate of the health law's insurance mandate in doubt, the last day of arguments before the U.S. Supreme Court became even more crucial to the future of the Obama administration's central legislative achievement.

Last year, several states passed strict laws aimed at cracking down on illegal immigration. Those laws are now being challenged in federal court, and next month the Supreme Court is set to hear arguments on Arizona's immigration law — but that hasn't stopped some Southern states from moving forward with more restrictions.

After Tuesday's judicial fireworks, the Supreme Court wraps up arguments on the new health care law Wednesday by focusing on two questions. The first involves what would happen if the "individual mandate" — the core of the law that requires most people to have health insurance — is struck down. Would the rest of the law fall, too, or could some provisions stay?

At the U.S. Supreme Court on Tuesday, hostile questioning from key justices seemed to imperil the individual mandate, the central provision of the Obama health care overhaul.

The mandate requires virtually all Americans to have health insurance — through Medicare, Medicaid or employer-provided insurance, or, if you are not covered by any of those, through individual insurance that you pay for.

Solicitor General Donald Verrilli seemed unusually nervous at first, asking for a moment to sip water to clear his throat. He had good reason for his nerves.

The U.S. Supreme Court signaled Monday that it likely will resolve the constitutional challenge to the Obama health care overhaul, sidestepping the procedural issues that could derail the case until 2015.

On Tuesday, the Supreme Court hears its second day of testimony about the Affordable Care Act. At issue is a central tenet of that law: whether it's legal to require individuals to purchase health care.

But apart from the legal debate, there are questions about the economics of the mandate. Some — like Peggy Bodner of Portland, Ore. — worry it may be difficult to find the money to pay for health insurance, even with government subsidies.

The U.S. Supreme Court gets to the heart of the health care arguments Tuesday. Almost exactly two years after Congress passed the Obama health care overhaul, the justices are hearing legal arguments testing the constitutionality of the so-called health care mandate — so-called because those words actually do not appear in the law.

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