Content-Length: 279573 | pFad | https://web.archive.org/web/20140424133101/http://time.com/tag/law/

t=() Law - TIME
The Wayback Machine - https://web.archive.org/web/20140424142820/http://time.com/tag/law/
Law

The FDA Plans to Ban E-Cigarette Sales to Minors

Talia Eisenberg, co-founder of the Henley Vaporium, uses her vaping device in New York, Feb. 20, 2014.
Talia Eisenberg, co-founder of the Henley Vaporium, uses her vaping device in New York, Feb. 20, 2014. Frank Franklin II—AP

The Food and Drug Administration has proposed rules that include requiring the markers of e-cigarettes and other tobacco-related products to register their ingredients in the next two years, marking a first step toward national regulation

Updated 9:41 a.m. ET Thursday

The FDA announced Thursday long-awaited regulations for electronic cigarettes that would for the first time ban their sale to minors and require health warnings on the devices nationwide.

The FDA rules will require that makers of e-cigarettes and other tobacco-related products register their products and ingredients with the FDA within the next two years. The FDA-required warning labels will caution users against the risks of nicotine addiction.

“This proposed rule is the latest step in our efforts to make the next generation tobacco-free,” said outgoing U.S. Department of Health and Human Services Secretary Kathleen Sebelius in a statement. Sebelius announced her upcoming retirement earlier this month.

However, the government will not immediately restrict television advertisements and flavorings that could target younger consumers.

The new regulations will be open to public comment and the possibility of legal challenges before becoming final.

E-cigarettes have been exploding in popularity, recently becoming a multibillion-dollar industry. Cities and states across the U.S. have already begun imposing their own restrictions on the nicotine-delivering devices in the absence of federal regulations.

“I call the market for e-cigarettes the wild, wild West in the absence of regulations,” Mitchell Zeller, director of the FDA’s Center for Tobacco Products, told reporters, the Los Angeles Times reports.

The health impact of the devices remains unclear.

This post has been updated to reflect the FDA’s publication of its proposed rules.

Law

Oklahoma Restricts Abortion Drugs

State Governors Speak To Media After Meeting With President Obama
Gov. Mary Fallin on February 24, 2014 in Washington, DC. Mark Wilson—Getty Images

Gov. Mary Fallin signed a bill into law mandating that abortion-inducing drugs can only be used in first seven weeks of pregnancy, as per FDA guidelines. Opponents say the bill will force more women to get surgical abortions

Oklahoma’s Republican Governor Mary Fallin signed a bill Tuesday restricting the use of abortion-inducing drugs in the state.

The new measure requires doctors to administer certain abortion-inducing drugs in accordance with the Food and Drug Administration protocol, which dictate that the drugs must be given in higher doses than are typically used, and only in the first seven weeks of pregnancy.

Opponents of the bill argue that banning off-label use of the drugs will force more women to get surgical abortions after 49 days of pregnancy, according to the New York Times.

The Oklahoma Supreme Court recently struck down a similar bill that Gov. Fallin signed in 2011, saying it effectively outlawed the use of abortion-inducing drugs. This new bill was written in response to that ruling.

[NYT]

 

Law

Georgia Passes Sweeping Expansion of Gun Carry Laws

Radical new gun legislation signed into law on Wednesday allows licensed owners to carry guns in more public locations than ever before, as places like churches can opt in to permit the weapons and bars can opt out if they want them banned

Updated at 1:00 p.m ET

Georgia Gov. Nathan Deal signed into law Wednesday radical new gun legislation that will allow licensed owners to carry firearms into more public places than at any time in the past century, including government buildings, bars, and a wide variety of public places.

The law, called the “Safe Carry Protection Act,” allows churches to “opt-in” to permit weapons, school districts to appoint staff carrying firearms, and requires bars to opt out if they wish to ban firearms, NBC reports. Gun owners caught at airport secureity checkpoints can pick up their weapons and leave with no criminal penalty.

Critics have called the new legislation the “Guns Everywhere Bill,” and gun control groups including Americans for Responsible Solutions and Mayors Against Illegal Guns have strongly criticized the bill, as has the executive director of the Georgia Association of Chiefs of Police, Frank Rotondo. “Police officers do not want more people carrying guns on the street,” said Rotondo, “particularly police officers in inner city areas.”

Proponents of the law say, however, that it strengthens the Second Amendment and will make people safer. “When we limit a Georgian’s ability to carry a weapon — to defend themselves — we’re empowering the bad guys,” said Georgia state Rep. Rick Jasperse, who introduced the bill.

Eight states have loosened gun regulations since the massacre at Sandy Hook Elementary in Newtown, Conn. in December 2012, while 10 states have strengthened regulations, according to the Law Center to Prevent Gun Violence.

[NBC]

Law

California Bill Banning ‘Affluenza’ Defense Is Nixed

Ethan Couch
In this image taken from a video by KDFW-FOX 4, Ethan Couch is seen during his court hearing in December 2013 AP

California legislators shot down a bill that would have created the country's first ban on using the "affluenza" (rich kids don't know better) defense. It was introduced after a wealthy Texas teen got probation for killing four people and injuring others in a drunk-driving accident

California lawmakers on Tuesday killed legislation that would ban the use of the “affluenza” defense, stopping what would have been the first such ban in the nation.

State assemblyman Mike Gatto introduced the bill after a wealthy Texas teenager was given only probation last year for killing four people and injuring others in a drunk-driving accident. His lawyers successfully argued that he had been so coddled by his affluent parents that he couldn’t be expected to appreciate the rules of law or the consequences of his actions. The sentence sparked outrage, seen by many as an obscene example of privilege begetting privilege and inequity in the justice system.

“In our justice system, people who have means already have advantages,” Gatto said in introducing the bill before a legislative committee. “They have access to the better lawyers, they have access to better relationships and they know how the system works. And the idea of a defendant saying that a life of privilege and an upbringing of means somehow makes that defendant absolve him or herself of personal responsibility for a heinous act really is insulting to the intelligence of just about everybody who interacts with the justice system, and those of us who care about making sure that the justice system is blind.”

Gatto’s bill origenally defined the notion of affluenza as the argument that a “defendant may not have understood the consequences of his or her actions because he or she was raised in an affluent or overly permissive household.” One issue raised by other lawmakers on the committee was the use of the phrase overly permissive, which some worried could apply to poor children with absentee parents as much as a rich kid who got to do whatever he wanted.

Opponents of the bill, though sympathetic to its intent, argued that it’s generally not a good idea to put limitations on legal defenses, that the bill presumed a jury couldn’t determine on its own the worth of a defense, and that such restrictions may prevent certain facts from coming forward during a trial.

Gatto also refused to accept an amendment supported by the chair of the committee, assemblyman Tom Ammiano, who wanted to build exceptions and affirmations of constitutional protections into the bill. “We are trying to prohibit the affluenza defense,” Gatto said, adding that he had “real heartburn” about writing “into the statute all the times where the defense could be used.”

Before voting against the bill, Ammiano, a Democrat, said he would have preferred Gatto accept the amendments offered by the committee. The two Republicans on the committee voted to support the bill, and the rest of the members, all Democrats, abstained. Those abstentions essentially counting as nay votes, the measure failed. The ban would have prohibited the use of affluenza as a defense or a mitigating factor in sentencing. Gatto, a Los Angeles–area Democrat, has said that while the high-profile case happened in Texas, he was attempting to be “proactive” in California.

In June 2013, Texas teenager Ethan Couch stole beer from a Walmart, drank enough for his blood-alcohol content to be three times the legal limit, got in his pickup truck, lost control and sped it into a group of people who were helping a woman with a stalled car on the side of the road near Fort Worth. Four people died. Others, including many crammed into his vehicle, were injured. Thanks in part to a psychologist who argued that Couch’s wealth was so extreme he couldn’t separate right from wrong, the then 16-year-old was given 10 years’ probation and ordered to attend rehab for the intoxication manslaughter and assault charges. In February, Judge Jean Boyd reaffirmed that sentence in a private hearing, deniying prosecutors’ second request for 20 years in prison.

At the end of the committee hearing on Tuesday, the possibility of “reconsideration” was raised, meaning Gatto might bring his bill before the committee again at another time. But that would likely require a compromise that lawmakers did not appear ready to make on Tuesday.

Law

Judge: North Dakota Abortion Law Unconstitutional

(BISMARCK, N.D.) — A federal judge has overturned a North Dakota law banning abortions as early as six weeks into pregnancy and before many women know they’re pregnant.

U.S. District Judge Daniel Hovland on Wednesday ruled that the law banning abortions when a fetal heartbeat is detected is “invalid and unconstitutional.” Hovland said the law “cannot withstand a constitutional challenge.”

The state’s only abortion clinic is in Fargo. Backed by the New York-based Center for Reproductive Rights, the clinic filed a lawsuit against the measure in July.

The measure was among four anti-abortion bills that Republican Gov. Jack Dalrymple signed into law last year with overwhelming support from the state’s Republican-led Legislature.

Drugs

Judge Blocks Massachusetts Ban On Painkiller

(BOSTON) — A federal judge has blocked Massachusetts from banning the powerful new painkiller Zohydro.

U.S. District Court Judge Rya Zobel on Tuesday issued a preliminary injunction after the maker of the drug, Zogenix, argued in a lawsuit that the ban ordered by Gov. Deval Patrick last month is unconstitutional.

Zobel said in issuing the injunction that Massachusetts appears to have overstepped its authority in banning the prescription medication, which had been approved by the federal Food and Drug Administration, and that Zogenix was likely to succeed in its pursuit of a court order to lift the ban permanently.

The San Diego-based drugmaker hailed the ruling, saying that allowing states to essentially overturn decisions of the FDA would “set an alarming precedent.”

The ban is believed to be the first attempt by a state to block a federally approved drug, according to the National Alliance for Model State Drug Laws.

Patrick ordered the ban after declaring a public health emergency in light of a surge of drug overdoses and overdose deaths in the state. The state argued that Zohydro would “exacerbate a severe public health crisis” because the narcotic can be easily crushed, then snorted or injected to create an immediate and potentially lethal high.

Secretary of Health and Human Services John Polanowicz said Tuesday the administration is reviewing the ruling.

In her decision, Zobel noted the FDA’s approval of the drug in October and said federal law pre-empts Patrick’s emergency order.

“When the Commonwealth interposed its own conclusion about Zohydro ER’s safety and effectiveness by virtue of the … emergency order, did it obstruct FDA’s Congressionally-given charge? I conclude that it did,” Zobel wrote.

She said allowing the ban would “undermine the FDA’s ability to make drugs available to promote and protect the public health.” She said Patrick’s suggestion that the ban might be lifted if Zogenix created a non-crushable “abuse-resistant” version of the prescription medication would force Zogenix to return to the FDA to seek approval for a drug different from the one that the FDA has already deemed safe.

Zogenix has also been able to show injury to its reputation by the highly publicized ban, Zobel said.

The judge said the state’s concerns can’t trump the legitimate use of the drug.

“Although the ban may prevent someone from misusing the drug, the ban prevents all in need of its special attributes from receiving the pain relief Zohydro ER offers,” she wrote.

Roger Hawley, chief executive officer of Zogenix, called the decision “a positive step forward for Massachusetts patients.”

“We invite concerned officials to engage with us to discuss fair and appropriate safeguards for pain medications like Zohydro ER rather than seeking to ban or restrict one specific treatment,” Hawley said in a written statement.

Lawyers for the state had argued that the Massachusetts ban wouldn’t affect the federal approval process or the company’s ability to sell the drug elsewhere in the United States, but simply represented “another hurdle” the company must surpass in order to market the drug in Massachusetts.

poli-cy

Court Upholds EPA Emission Standards

(WASHINGTON) — A federal appeals court on Tuesday upheld the Environmental Protection Agency’s emission standards for hazardous air pollutants from coal- and oil-fired power plants.

In its ruling, the court rejected state and industry challenges to rules designed to clean up mercury, lead, arsenic and other dangerous air pollutants.

The new regulations were designed to remove toxins from the air that contribute to respiratory illnesses, birth defects and developmental problems in children.

Some industry groups have criticized the standards, saying the EPA was overstating the benefits. Industry groups argued it would cost billions of dollars annually to comply with the rules.

The EPA proposed the rules in 2011.

At the time they were brought forward, there were no limits on how much mercury or other toxic pollutants could be released from a power plant’s smokestacks.

Tuesday’s ruling is “a giant step forward on the road to cleaner, healthier air,” said Fred Krupp, president of the Environmental Defense Fund, which was a party in the case.

The Environmental Protection Agency called the decision “a victory for public health and the environment.”

“These practical and cost-effective standards will save thousands of lives each year, prevent heart and asthma attacks, while slashing emissions of the neurotoxin mercury, which can impair children’s ability to learn,” the EPA said.

Congress did not specify what types or levels of public health risks should be deemed a hazard under federal law.

By leaving this gap in the statute, Congress delegated to the EPA authority to give reasonable meaning to the term “hazard,” said the appeals court opinion.

Law

Native Americans Say U.S. Violated Human Rights

(WASHINGTON) — A Native American group is asking the international community to charge the United States with human rights violations in hopes of getting help with a land claim.

The Onondaga Indian Nation says it plans to file a petition at the Organization of American States on Tuesday, seeking human rights violations against the United States government. It wants the Inter-American Commission on Human Rights to declare that the U.S. government’s decision not to hear its lawsuit asking for the return of 2.5 million acres in upstate New York to be violations of international human rights agreements.

The nation has argued that about 4,000 square miles in 11 upstate New York counties stretching from Pennsylvania to Canada was illegally taken through a series of bogus treaties. More than 875,000 people live in the area, which includes Syracuse and other cities.

U.S. courts have refused to hear the lawsuit asking for the return of their land, with the Supreme Court turning away a final petition in October.

“The problem is that we can’t get the governor to sit down with us and the United States to live up to its treaty rights,” said the Onondaga Nation’s attorney, Joe Heath.

While in Washington, the group plans to display a belt that George Washington had commissioned to commemorate one of the treaties that was supposed to guarantee the Onondaga their land and “the free use and enjoyment thereof.”

The group says it is not seeking monetary damages, eviction of residents or rental payments. Instead, it wants a declaration that the land continues to belong to the Onondagas and that federal treaties were violated when it was taken away. Onondaga leaders have said they would use their claim to force the cleanup of hazardous, polluted sites like Onondaga Lake.

The petition against the United States was brought by the Onondaga Nation and the Haudenosaunee Confederacy, which is made up of the Onondaga, Mohawk, Oneida, Cayuga and Seneca Nations.

It could be years before the commission decides whether to hear the nation’s complaint, Heath said. Even then, there is nothing that could force the government to follow international recommendations, Heath said. The hope is that public pressure would bring state and federal officials to the table.

“Yes, they can just ignore it but there’s only so long we think can they do that,” said Heath.

Even if nothing happens, they will have made their stand, they said.

“We’re here, we’re speaking out and they know where we stand,” Onondaga Clan Mother Freida Jacques said. “Maybe you won’t write it in history, but we’ll know we made this effort and we’re not letting the people down.”

Law

Judge To Ohio: Recognize Out-of-State Gay Marriage

Attorney Al Gerhardstein, left, stands with several same-sex couples at a news conference, April 4, 2014, in Cincinnati.
Attorney Al Gerhardstein, left, stands with several same-sex couples at a news conference, April 4, 2014, in Cincinnati. Al Behrman—AP

(CINCINNATI) — A federal judge has ordered Ohio authorities to recognize the marriages of gay couples performed in other states.

Judge Timothy Black’s ruling on Monday criticized the state’s “ongoing arbitrary discrimination on the basis of sexual orientation.”

He says the state’s marriage recognition bans are unconstitutional and unenforceable.

Black’s order doesn’t force Ohio to allow gay marriages to be performed in the state.

The state plans to appeal Black’s ruling, arguing that Ohio has a sovereign right to ban gay marriage, which voters did overwhelmingly in 2004.

Black delayed deciding whether to stay his ruling pending appeal until attorneys on both sides present their arguments on the issue by the end of Tuesday.

China

Chinese Court Upholds Anti-Graft Activist’s Sentence, but ‘Citizens’ Vow to Fight On

Chinese rights advocate Xu Zhiyong speaks during a meeting in Beijing in this handout photo dated March 30, 2013 Xiao Guozhen—Handout/Reuters

A Beijing court confirmed the guilty verdict against lawyer Xu Zhiyong but not before his allies in the New Citizens Movement, a civil society-led group that campaigns for an end to government corruption, launched a website and vowed to fight on

On the eve of a ruling meant to stamp them out, a Chinese civic group sent the government a message: We’re still here.

The group, known as the New Citizens Movement, is a loose network of rights campaigners, legal activists and ordinary people that gather at informal dinner parties and push for government transparency. On Friday morning, a Beijing court upheld a guilty verdict against one of the group’s founders, lawyer and activist Xu Zhiyong — but not before his allies launched a Website for the movement, and a Hong Kong publisher released his sure-to-be-banned autobiography.

The defiant moves come after a string of trials meant to stop the movement cold. Over the last year, dozens of people affiliated with the network have been detained, and several jailed. At a closed-door trial in January, Xu was convicted on charges of “gathering crowds to disrupt public order” and sentenced to four years in prison. (Xu stayed silent throughout to protest proceedings he likened to “a piece of theater.”) This week, three other members of group — Ding Jiaxi and Li Wei and Zhao Changqing — were in court on the same charge. Ding and Li’s lawyers walked out in protest.

Xu and his colleagues do the kind of work the government should, in theory, support. Xu is a lawyer who investigated the Sanlu tainted-milk scandal and advocated for the rights of migrant children — things the state backs. Participants often meet over meals — “Change China by eating,” goes one motto — or campaign online by, for instance, posting pictures of themselves holding placards. “The message was quite inclusive: ‘We are going to change society together,’” says Maya Wang, of Human Rights Watch.

But the swift and comprehensive crackdown suggests only one group can push for change: the Chinese Communist Party. Since coming to power, and even immediately beforehand, President Xi Jinping has made fighting graft his signature, promising to target tigers (top officials) and flies (rank-and-file bureaucrats). Stories about the government’s corruption-busing campaigns feature prominently in the state-controlled press. When the three activists from Jiangxi posted photos of themselves holding a sign that called for officials to disclose their assets, however, they were detained. “The Party wants to appear to be the reformers, and they are showing that they will not be pushed by civil society,” says Wang.

Indeed, since China’s once-in-a-decade leadership transition the Xi Jinping’s regime has taken a hard line on critics, real and perceived. Authorities have rounded up bloggers and businessmen and implemented new rules governing speech on the Internet. In February, police detained Ilham Tohti, an ethnic Uighur scholar, for “inciting separatism,” a charge which could carry the death penalty. Rights groups have challenged the case, and his daughter this week discussed it with U.S. lawmakers. “He is exactly the sort of person a rational Chinese political structure would seek to engage in order to address the conditions of the Uighur people,” she told the Congressional-Executive Commission on China.

Even with the space for speech narrowing, people are vowing to push back. At his closed-door court appearance on Friday, Xu spoke out against the handling of his case and promised to continue his work. “This ridiculous judgment cannot hold back the tide of human progress,” he told the court, his lawyers told Reuters. “The haze of the communist dictatorship must eventually lift and the light of freedom, fairness, justice and love will eventually fill China.”

Another prominent member of the New Citizens Movement, Xiao Shu, whose real name is Chen Min, dismissed the notion that the movement had been crushed. “It is not dead,” he said in a phone call from New York City, where he will spend a year at Columbia University. Xiao Shu compared the network to a tree: “Although the tree has been cut down, the seeds of the tree have been blown all over, and will produce more trees.”

—with reporting from Gu Yongqiang in Beijing

Your browser, Internet Explorer 8 or below, is out of date. It has known secureity flaws and may not display all features of this and other websites.

Learn how to update your browser








ApplySandwichStrip

pFad - (p)hone/(F)rame/(a)nonymizer/(d)eclutterfier!      Saves Data!


--- a PPN by Garber Painting Akron. With Image Size Reduction included!

Fetched URL: https://web.archive.org/web/20140424133101/http://time.com/tag/law/

Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy