TIME Booze

New Hampshire Law May Deter D.C. Visitors From Buying Booze

Live free or die...sober?

New Hampshire’s alcohol law might at first look just like those around the country, in that one must be 21 to purchase booze. It differs, however, in its handling of how out-of-town visitors can buy booze.

Here’s the hitch: Because the law focuses on other states and countries, it excludes U.S. territories. Which means that anyone from Washington D.C. may run into some problems when dropping in to one of the Granite State’s fine package stores.

The Associated Press reports that the issue arose earlier this month, when a clerk refused to sell alcohol to a 25-year-old resident of the nation’s capital. After the incident was reported by the Concord Monitor, the New Hampshire Liquor Commission “told retailers they should accept Washington, D.C., driver’s licenses when determining a buyer’s age, even though state law does not explicitly include them,” the AP said.

Liquor Commission’s Executive Councilor, Colin Van Ostern’s statement is as follows:

Tourism is New Hampshire’s second-largest industry, and the state rakes in money from out-of-staters lured by its tax-free booze. It also prides itself on having the nation’s largest state Legislature and its first-in-the-nation presidential primary, which gives lesser-known candidates a fair shot and attracts political visitors from around the country.

Van Ostern said he believes new legislation will likely be needed to permanently fix the problem. As it stands, the commission’s clarification doesn’t take into account residents of U.S. territories, he noted.

“I have no doubt this was an oversight, and I do think a fair reading of legislative intent would be to allow all those IDs, but I don’t think we should be putting it on individual store clerks to be trying to decide what legislators meant 20 years ago when they passed a law,” he said.

As one might guess, the law on New Hampshire’s books regarding tobacco products contains the same wording as the alcohol law.

TIME Immigration

Migrant Girls Share Haunting Stories About Why They Fled

Central American Female Immigrants
Central American immigrants await transportation to a U.S. Border Patrol processing center on July 24, 2014 near Mission, Texas. John Moore—Getty Images

A recent UN report gives haunting accounts from some of the girls who fled

The number of young girls captured at the US-Mexico border has increased by 77 percent this year, according to Pew Research Center analysis released Friday.

The number of girls under the age of 18 apprehended at the border this fiscal year was 13,008 compared to last year’s 7,339, according to Pew. The number of boys under 18 apprehended is still much higher at 33,924, but that represents only an 8% increase from 2013.

The United Nations High Commissioner for Refugees released a report earlier this year that included haunting accounts from some of the young girls apprehended, in an analysis of 404 children from Mexico and Central America who had been detained at the border.

“The head of the gang that controlled her neighborhood wanted Josefina to be his girlfriend and threatened to kidnap her or to kill one of her family members if she didn’t comply,” the report writes, of one 16-year-old from El Salvador. “Josefina knew another girl from her community who had become the girlfriend of a gang member and had been forced to have sex with all the gang members.”

Two-thirds of the children from El Salvador, both male and female, reported threats of violence from organized crime as one reason for fleeing. “One of [the gang members] ‘liked’ me. Another gang member told my uncle that he should get me out of there because the guy who liked me was going to do me harm,” said 15-year-old Maritza. “In El Salvador they take young girls, rape them and throw them in plastic bags. My uncle told me it wasn’t safe for me to stay there.”

Other girls reported domestic violence as a reason for leaving. Lucia, a 16-year-old from Guatemala, escaped her abusive grandmother’s home only to move in with an abusive boyfriend. “He beat me almost every day,” Lucia said. “I stayed with him for four months. I left because he tried to kill me by strangling me. I left that same day.”

The increasing numbers of children from Mexico and Central America seeking refuge in the United States has prompted a legislative battle in Washington. It remains unresolved.

TIME justice

Arizona Inmate Dies After Nearly 2 Hours in Apparently Botched Execution

Joseph Wood is pictured in this booking photo.
Joseph Wood is pictured in this booking photo. Arizona Department of Corrections—Reuters

One of the judges that issued a stay of execution, later overturned, wrote in an opinion that the firing squad would likely be a better option for executions

Updated July 23, 22:30 ET

Arizona death row inmate Joseph Wood gasped and struggled for breath for at least an hour on Wednesday during what is being considered another botched execution using a lethal cocktail of drugs.

“The experiment using midazolam combined with hydromorphone to carry out an execution failed today in Arizona,” one of Wood’s attorneys, Dale Baich, said in a statement. “It took Joseph Wood two hours to die, and he gasped and struggled to breath for about an hour and forty minutes.”

According to the Arizona Attorney General’s office, Joseph R. Wood III, who was sentenced to death for killing his ex-girlfriend and her father in 1991, was pronounced dead at 3:49pm, nearly two hours after his execution commenced at 1:52p.m.

During the execution, Wood’s attorneys filed an emergency appeal in federal court claiming Wood was “gasping and snorting for more than an hour,” according to the Associated Press.

Baich witnessed the execution and says Arizona now joins the number of states that have “been responsible for an entirely preventable horror — a bungled execution.”

“We will renew our efforts to get information about the manufacturer of drugs as well as how Arizona came up with the experimental formula of drugs it used today,” Baich’s statement said.

Arizona Governor Jan Brewer issued a statement expressing concern at the time it took to execute Wood. “I directed the Department of Corrections to conduct a full review of the process,” the Governor said. However, she added: “Wood died in a lawful manner and by eyewitness and medical accounts he did not suffer. This is in stark comparison to the gruesome, vicious suffering that he inflicted on his two victims and the lifetime of suffering he has caused their family.”

A request for comment from the Arizona Department of Corrections was not immediately returned.

Wood’s execution came after what Arizona Attorney General Tom Horne described as “after several days of legal maneuvering.” On Tuesday, the Supreme Court lifted Wood’s stay of execution following the U.S. Ninth Circuit Court of Appeal’s decision to postpone his death due to the mystery around the lethal injection drugs that would be used.

One of the judges that issued the original stay, Judge Alex Kozinski, said in an opinion that the firing squad would likely be a better option for executions.

“Eight or ten large-caliber bullets fired at close range can inflict massive damage, causing instant death every time,” Kozinski said. “Sure, firing squads can be messy, but if we are willing to carry out executions, we should not shield ourselves from the reality that we are shedding human blood.”

TIME Law

U.S. Judge Grants Investigators Access to Gmail Accounts in Criminal Probes

The judge says the law already supports giving investigators access to documents simply to determine whether they're warrantable or not.

A New York federal judge ruled on Friday that prosecutors have a legal right to access Gmail-based emails in criminal probes that involve money laundering, a sharp turnaround from previous rulings in comparable cases and an alarm bell for privacy advocates.

U.S. Magistrate Judge Gabriel Gorenstein said that his decision was based on a law already on the books that allows investigators to seize documents–which Gorenstein interpreted as including emails–to determine whether data should be subject to a warrant, Reuters reports.

The big question is what happens if a user’s email account doesn’t yield any information that would justify a legal warrant, and how much public support lies behind the idea of privileging high profile investigations over personal privacy.

[Reuters]

TIME Autos

GM’s Mary Barra Faces Another Capitol Hill Mauling

General Motors CEO Mary Barra Testifies Before Senate Committee About GM's Recalls
CEO of the General Motors Company Mary Barra testifies during a hearing before the Consumer Protection, Product Safety, and Insurance Subcommittee of the Senate Commerce, Science and Transportation Committee on July 17, 2014 on Capitol Hill in Washington. Alex Wong—Getty Images

Barra is headed to the Senate for her fourth congressional hearing since record series of recalls began in February

Senators grilled GM’s general counsel Michael Millikin during a hearing Thursday after an internal investigation released last month found that his legal team knew of safety concerns linked to a faulty ignition switch for several years before recalls were announced in 2014.

“How in the world, in the aftermath of this report, did Michael Milliken keep his job?” asked Sen. Claire McCaskill, chair of the Subcommittee on consumer protection, product safety, and insurance, which held the hearing. “It is very clear that the culture of lawyering up and Whac-A-Mole to minimize liability in individual lawsuits killed innocent customers of general motors.”

“The failure of this legal department is stunning,” she said.

CEO Mary Barra, making her fourth hearing appearance on Capitol Hill since the company began massive recalls this year related to the ignition switch problem that has been linked to at least 13 deaths, was largely praised by Senators for her handling of the scandal, which erupted just weeks after she assumed the post.

Thursday’s hearing came in the wake of a New York Times report that found that GM withheld information from regulators inquiring about fatal accidents. Citing documents obtained through the Freedom of Information Act, the New York Times reported on Tuesday that GM “repeatedly found a way not to answer the simple question from regulators of what led to a crash.” In some cases, GM said it had not conducted an assessment and in others it simply declined to provide an answer. In another case, the company cited attorney-client privilege.

The hearing in Congress aimed to focus on accountability in corporate culture, as lawmakers aim to keep corporations from covering up safety concerns. Three senators introduced a bill on Wednesday that would impose criminal penalties for corporate executives who hide product dangers.

Milliken says he was not informed about the safety concerns until February of this year, and Barra defended her decision not to fire him. “He is a man of high integrity,” she said.

Following the internal investigation last month, GM fired 15 employees and Barra blamed “a pattern of management deficiencies and misjudgments.” But she said the probe found no deliberate cover-up by the company.

The Justice Department is separately investigating why it took the company more than a decade to address the problem.

Barra and Millikin were joined at the hearing by Anton Valukas, who headed up the internal report, and Rodney O’Neal, the head of the ignition switch supplier, Delphi. Kenneth Feinberg, who is administering GM’s compensation payments, also took questions from lawmakers about the compensation program.

TIME Law

FAA Investigates Congressman’s Drone Wedding Video

Rep. Sean Patrick Maloney in Capitol hill in 2013.
Rep. Sean Patrick Maloney in the Capitol in 2013. Tom Williams—CQ-Roll Call/Getty Images

(WASHINGTON) — The Federal Aviation Administration indicated Wednesday that it is investigating whether a video of a congressman’s wedding last month violated the agency’s ban on drone flights for commercial purposes.

The agency’s carefully worded statement doesn’t mention Rep. Sean Patrick Maloney, D-N.Y., by name, but said it was looking into “a report of an unmanned aircraft operation in Cold Spring, New York, on June 21 to determine if there was any violation of federal regulations or airspace restrictions.”

Maloney has acknowledged hiring a photographer to produce a video of his wedding using a camera mounted on a small drone. The wedding took place in Cold Spring on June 21. Maloney is a member of the House Transportation and Infrastructure Committee’s aviation subcommittee, which oversees the FAA.

Top agency officials have testified extensively before Congress about their concern that commercial drones could collide with manned aircraft or injure people on the ground. Congress has been pressing the FAA to move faster on creating regulations that will allow commercial drones access to U.S. skies. The agency has been working on regulations for about a decade.

“On their wedding day, Sean and Randy were focused on a ceremony 22 years in the making, not their wedding photographer’s camera mounted on his remote control helicopter,” Stephanie Formas, spokeswoman for Maloney, said in a statement.

The FAA has approved a few limited commercial drone operations. But the agency has also been sending letters to commercial operators across the country — including other videographers and companies that hire videographers — to cease their drone flights or face fines.

One videographer, Raphael Pirker, challenged the $10,000 fine the FAA tried to level against him for flying a small drone in an allegedly reckless manner near the University of Virginia. An administrative law judge sided with Pirker, whose attorney argued the agency can’t ban commercial drone flights when it hasn’t formally adopted safety rules governing drone flights. The FAA has appealed the case to the five-member National Transportation Safety Board. A decision is expected this fall.

Formas, citing the judge’s ruling, said there was “no enforceable FAA rule” or regulation that applied to “a model aircraft like the helicopter used in the ceremony.”

The wedding photographer subcontracted Parker Gyokeres of Propellerheads Aerial Photography in Trenton, New Jersey, to shoot the video. Gyokeress posted outtakes of the wedding on his company’s website and created a YouTube video.

TIME Military

Lawyer: Bergdahl ‘Deeply Grateful’ to Obama

Bergdahl Being Treated At U.S. Military Hospital In Germany
Bowe Bergdahl, who was held by the Taliban for nearly five years before being released in May. U.S. Army / Getty Images

Army sergeant held by Taliban believes President’s decision “saved his life,” his attorney Eugene Fidell tells TIME

No one’s heard anything yet from Army Sgt. Bowe Bergdahl, the former prisoner-of-war freed in a May 31 swap for five Taliban leaders after nearly five years as a Taliban prisoner. He hasn’t spoken to the press—by all accounts, he hasn’t even spoken to his parents. But, in typical American fashion, he has retained—and spoken to—an attorney.

“Sergeant Bergdahl is deeply grateful to President Obama for having saved his life,” Eugene Fidell, retained a week ago by the soldier, told TIME on Wednesday.

Fidell has traveled to Texas—where Bergdahl has returned to active duty at a desk job in San Antonio following his “re-integration” back into the service—to discuss with his client the investigation into the circumstances leading up to Bergdahl’s abduction in 2009. The attorney declined to offer any insights into Bergdahl’s mood, legal defense, or relationship with his family. Bergdahl also has an Army lawyer.

Eugene Fidell Yale

But Fidell did suggest the case—now being investigated by a two-star Army major general—is more complicated than he originally thought. That’s saying something: Fidell is a prominent military-law expert who lectures at Yale Law School on the topic, and former president of the National Institute of Military Justice.

“Before I was in the case, I was skeptical that the investigation called for a major general,” Fidell says. “I thought that a talented lieutenant colonel would be more than enough horsepower—I thought it was overkill.” Army officials say Major General Kenneth Dahl has yet to interview Bergdahl.

Fidell said he has changed his mind as he has dived into the case. “Based on what I now know about the complexity of the issues, which are in a number of spheres that I’m not going to get into, I understand why the Army thought that a general officer should be involved,” Fidell adds. “I now understand why management thought that it was a good idea to have a two-star officer doing this investigation.”

The lawyer, who has taken the case pro bono—without pay—declined to discuss the specifics that led him to change his mind. But Bergdahl’s case is complex: according to the soldiers with whom he served, Bergdahl simply walked away from his combat outpost in June 2009 before being captured by the Taliban along the Afghan-Pakistan border. Some of those troops have called Bergdahl a deserter, and alleged that fellow soldiers died hunting for him.

Questions also surround the Army’s decision to allow Bergdahl to enlist, two years after he washed out of Coast Guard boot camp after only 26 days. And lawmakers on Capitol Hill have criticized Obama for giving up five senior Taliban leaders for Bergdahl, now 28.

Rep. Rob Wittman, R-Va., told TIME on Tuesday that he doesn’t believe the swap was in the nation’s interest. “We were duty bound to bring him back, but I think we’re duty bound to bring him back in the right way,” said the chairman of the House Armed Services Committee’s readiness subcommittee. “What other opportunities were there for us to secure Sergeant Bergdahl’s release besides releasing these five high-ranking Taliban officials?…we did increase the risk to Americans and American interests by releasing these five.”

Rear Admiral John Kirby, the Pentagon spokesman, said that Bergdahl is now free to come and go like any other soldier. “He’s free to leave base…he’s not under any particular restrictions,” Kirby said. “And I would remind you, he’s not been charged with anything.”

TIME Drugs

Colorado Selling Over 10 Tons of Pot Every Month

Marijuana photographed inside the Evergreen Apothecary in Denver, Colo., Jan. 9, 2014.
Marijuana photographed inside the Evergreen Apothecary in Denver, Colo., Jan. 9, 2014. Matthew Staver—Bloomberg/Getty Images

Annual market demand roughly 130 metric tons a year, state study finds

Correction appended, July 10

The estimated annual market demand for marijuana in Colorado is roughly 130 metric tons, according to the first post-legalization study of the market.

The study, released by state regulators, used actual sales data to draw up the figure rather than rely on survey responses as studies have done in the past, and was able to provide some revealing information.

Surveys have estimated that a third of marijuana users consumed the drug less than once a month, according to the Associated Press. But the study found that those users comprise only .3 percent of the total market, meaning the most of the marijuana is consumed by heavy, more regular users.

The study’s estimate for total market demand, which includes both medical and recreational marijuana, surpassed past figures by nearly a third. The analysis found that demand from residents hovers around 121 metric tons and demand from visitors stands at around 9 metric tons.

But in some of the Colorado’s vacation spots, out-of-staters account for as much as 90 percent of the recreational dispensary traffic. According to the study, legal marijuana is, on average, going for $220 per ounce.

Correction: The original version of this story incorrectly suggested that the study contradicted previous findings about infrequent marijuana users in Colorado.

TIME Google

Yelp Just Threw a Monkey Wrench Into Google’s Billion-Dollar Antitrust Case

Yelp Opposes Google EU Antitrust Settlement
Joaquin Almunia, competition commissioner for the European Union, speaks during an interview in Washington, D.C., in 2012. Bloomberg via Getty Images

At least 20 complaints in the case investigating if Google search results are anticompetitive by favoring its own products

Yelp has joined those opposed to the European Union’s proposed antitrust settlement with Google, opponents of which believe the American search giant has not been fully prosecuted for its ostensibly self-promoting search engine.

Yelp filed a formal complaint against the E.U.’s proposed settlement on June 1, though it was only recently surfaced. In the complaint, Yelp accuses Google’s search engine of favoring Google Plus Local, according to the New York Times. Google Plus Local directly competes with Yelp, an increasingly popular site where users can discover, rate and review local businesses.

Google avoided a multibillion-dollar antitrust fine when it reached a provisional deal with European regulators in February, in which it agreed to alter its display of search results. The E.U.’s antitrust commissioner, Joaquín Almunia, is expected to finalize the settlement later this year before he leaves office this fall. Yelp, however, says Google is getting off too light.

“I truly fear the landscape for innovation in Europe is infertile, and this is a direct result of the abuses Google has undertaken with its dominant position,” Yelp CEO Jeremy Stoppelman wrote in a letter in May to European Commission President José Manuel Barroso, who oversees Almunia.

The E.U.’s investigation of Google began in November 2010 when several companies, including Microsoft, whose Bing search competes directly with Google search, accused Google of promoting its own services in search results. Google dominates the search engine market in Europe, where nearly 80 percent of Internet searches are made on Google, compared to 65 percent in the U.S., according to comScore.

In the U.S., a parallel two-year antitrust investigation of Google’s search engine closed in 2013, leaving Google relatively unscathed. The U.S. Federal Trade Commission found that Google search did not break antitrust law, inciting anger from FairSearch.org, a group of Google rivals which includes Microsoft and Kayak. FairSearch.org then turned its attention to the ongoing E.U. investigation to “fight to restore truly competitive conditions to the market for search and related online services,” the coalition told the Washington Post. At the time, Yelp had called the FTC’s decision a “missed opportunity,” and also looked to the European case for a fairer settlement.

On June 11, the E.U.’s Almunia expressed his intention to dismiss the case’s 20 formal complaints — it is not yet clear if Yelp’s was one of these — a required step before a finalized settlement can be signed. Still, by procedure, Almunia and the Commission must review Yelp’s complaint. If it is approved, then the antitrust investigation will resume, and Yelp will be granted the right to appeal the eventual settlement.

[NYT]

TIME Courts

Sleeping Yankees Fan’s Lawsuit Won’t Get Far, Legal Experts Say

A $10 million lawsuit filed by a man who was broadcast on ESPN while sleeping during a baseball game draws skepticism

+ READ ARTICLE

Legal experts are skeptical of the $10 million lawsuit filed by a man after he was broadcast on ESPN while sleeping during a baseball game.

Andrew Rector, who was sitting amongst Yankees fans with his head resting on his shoulder, appeared to have dozed off during the April 13 Boston Red Sox-New York Yankees game. Once Rector appeared on camera, ESPN commentators Dan Shulman and John Kruk quickly began discussing his slumped-over body.

“Maybe that’s his buddy, and he likes him a lot better when [Rector's] asleep,” Kruk said, referring to a man sitting next to Rector. The commentator duo also remarked that Rector was “oblivious,” expressing surprise that he had fallen asleep during the fourth inning.

Rector filed the suit against ESPN, Shulman, Kruk, the New York Yankees and Major League Baseball (MLB), which also picked up the footage, according to Courthouse News Service. Rector claims damages for defamation and intentional infliction of emotional distress, citing false statements said about him including that Rector is “a fatty cow” that represents a “symbol of failure.”

In response, ESPN stated that “the comments attributed to ESPN and our announcers were clearly not said in our telecast. The claims presented here are wholly without merit.” MLB declined to comment.

Legal experts agree with ESPN’s assessment. “I think he has no chance on this lawsuit,” Vincent Blasi, a professor at Columbia Law School and expert in tort law, told TIME. “If the grievance is defamation, you have to show someone said something factually false about him. It requires a misstatement of an empirical fact.”

The idea of defamation rests on false written or spoken statements about an individual that damages his or her reputation. Classic defamation cases include suits in which the plaintiff was falsely accused in public statements of manipulating clients in business, or having a debilitating infectious disease.

“[Rector was] clearly been set up for ridicule. He’s unfortunate. He’s been made a butt of jokes. But there’s just no defamatory statement about him,” Harvard Law School professor John Goldberg told TIME, noting that defamation suits rest more on reputation damages than emotional distress.

Goldberg added that the suit, which was filed in Bronx County Supreme Court in New York, would face an uphill — if not entirely vertical — battle. Though there are constitutional limits applying to all U.S. states, New York is “notoriously unfriendly to defamation suits,” and it is “very unlikely that the suit will get anywhere,” he said.

Still, defamation suits have the potential to result in significant compensation. A Palestinian shopkeeper, Ayman Abu Aita, filed in 2009 a multimillion lawsuit against comedian Sacha Baron Cohen and the Late Show With David Letterman after the TV program aired a clip from Baron Cohen’s movie Bruno that portrayed him as a terrorist. Aita claimed the movie damaged his business and caused him to receive death threats. The case was subsequently settled in 2012 “to the mutual satisfaction” of everyone, according to Fox News.

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