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Lost Data? (0 Replies)
I’m sure that the NSA has an image of your server. Give them a call!
The Court Has Ruled (0 Replies)
David has argued, but the SJC has already ruled on this issue. Massachusetts Taxpayers Foundation, Inc. vs. Secretary of Administration, 398 Mass 40 (1986). Its settled law.
Not the Most Likely (4 Replies)
Ryan has floated his Medicare “reform” idea in every budget cycle for a few years now. Its been a talking point, but he has never even bothered to draft legislation to implement it.
His idea of block grants for Medicaid is more dangerous and will target the very old (nursing home residents), the disabled, and poor communities in general. I think this idea is more likely to get traction and will be welcomed by many red state governors who want to see the repeal of mandatory coverage groups and benefits in Medicaid.
Unfortunately, ACA repeal and replace is likely as well.
Medicare is probably the safest from repeal or substantial modification.
Law School (0 Replies)
What Rule Would You Have the Court Adopt? (1 Reply)
Is bail unconstitutional for all indigent defendants?
Enter Putin? (0 Replies)
I think you are right to be concerned about Putin’s ambitions, but I don’t agree that the Brexit raises much concern in this regard. Great Britain did not withdraw from NATO. The U.S. has been engaged in a series of exercises with Eastern European nations called “Operation Atlantic Resolve” which includes moving A-10 “tank killer” aircraft into positions in Europe.
Scott has never been wrong in this entire life (0 Replies)
Don’t believe me? Just ask him. He’s probably bored and is looking for attention.
But under what conditions . . . (1 Reply)
Would Marty Walsh fire an employee for helping out a union?
Far From Perfect (0 Replies)
Pat Jehlan was my state senator for a relatively short period of time. I must say that Jason Lewis is a substantial upgrade.
When Charlie Shannon was my state senator I disagreed with him on a wide range of issues, but when my town went to him for help, he was willing to listen and try. The same is true of Jason Lewis (although I tend to agree with Jason on most matters).
Pat Jehlan, on the other hand, was either indifferent to my town’s interests or in one case that I can recall actively worked against the town.
Where Was Bernie (0 Replies)
I understand the appeal of Bernie Sanders. His campaign is doing a good job. His ads are terrific. He raises important issues. I like him.
However, if you are going to ask where Hillary was at the Democratic state convention, please also keep in mind: Bernie Was Not a Democrat.
He has been a stalwart party member since 2015. And now he wants to be the head of the party.
Add Facts, then Stir (2 Replies)
Apparently the Department of Justice agrees with Senator Warren. In 2015 Deputy Attorney General Sally Yates issued a Memorandum to all Civil and Criminal Divisions in the Department of Justice entitled “Individual Accountability for Corporate Wrongdoing.” Yates states, in part:
The guidance in this memo reflects six key steps to strengthen our pursuit of individual corporate wrongdoing, some of which reflect policy shifts and each of which is described in greater detail below: (l) in order to qualify for any cooperation credit, corporations must provide to the Department all relevant facts relating to the individuals responsible for the misconduct; (2) criminal and civil corporate investigations should focus on individuals from the inception of the investigation; (3) criminal and civil attorneys handling corporate investigations should be in routine communication with one another; ( 4) absent extraordinary circumstances or approved departmental policy, the Department will not release culpable individuals from civil or criminal liability when resolving a matter with a corporation; (5) Department attorneys should not resolve matters with a corporation without a clear plan to resolve related individual cases, and should memorialize any declinations as to individuals in such cases; and (6) civil attorneys should consistently focus on individuals as well as the company and evaluate whether to bring suit against an individual based on considerations beyond that individual’s ability to pay.
The Memorandum also sets forth some of the difficulties the Government faces in proving the culpability of executives of large organizations. Its worth a read.
I was struck by your statement that “Obama’s two-term effort to compromise with the Republicans has yielded nothing but legislative ashes.” If you look in ashes, you will find the Affordable Care Act, Dodd-Frank, and other important accomplishments. Last year the President signed a bill that extended the Children’s Health Insurance Program (CHIP) for two years, and that included an exemption from budget “pay go” requirements.
Yes, the President has had to compromise. That’s what happens when the Republicans control the House (and sometimes the Senate). President Obama is not perfect, and I wish he had been able to do more, but your critique is over the top.
Its a Federal Issue Now (0 Replies)
With the ACA in place, its really a federal issue now. Further, I think the state is ill equipped to move this issue forward in a meaningful way.
Medicare is much more reliable than Medicaid, both for patients and for providers. Medicare funding is not dependent on appropriations — the money does not run out, and the federal government can deficit spend. Medicaid routinely overspends its appropriation in the Spring, and providers are told to wait for a supp budget. Given the confiscatory rates Medicaid pays and the wait for payment, no wonder providers don’t like it.
EOHHS and the legislature have never been good stewards of the Medicaid program. For example, this year the Senate cut out needed supplemental funding for the “disproportionate share hospitals” that care for large numbers of Medicaid patients. The MassCares bill provide MassHealth for everyone. No thanks.
Overrides (0 Replies)
In my experience, passing debt exclusion overrides for capital projects is easier. You can point to a project (a new high school, library addition, etc) and ask voters do you want THIS? General overrides to fund the operating budget are possible, but much harder. The worst are the “menu overrides,” which in my experience are hard to pass because the “yes vote” gets split.
As noted above, the tough problem facing a few municipalities is once they hit the “levy ceiling” of 2.5% of total property value, they can’t grow the operating budget, they can only pass debt exclusions. Its true that these cities also get a much larger share of state aid. Nevertheless, they should have the option to pass general overrides to raise the levy ceiling.
She May be Hopey / Changey (0 Replies)
. . . but is also very wrong on the legalization of marijuana.
Privacy Rights (1 Reply)
Developmentally disabled people have the same privacy rights as everyone else. Under the Fair Information Practices Act, the state should not release the report. If COFAR wants the full report, there is an easy way to get it. The patient’s estate can request and receive a full copy, and give it to you. If the patient’s family doesn’t want to release it, that’s their right.
Fast Track (2 Replies)
The so called Fast Track bill is not a vote on the terms of the TPP. It renews an authority for the President that has been used from time to time since 1974. In essence, it allows the President to negotiate a treaty and requires the Congress to bring the treaty to a straight up or down vote, without amendments for filibuster, promptly.
So, President Obama did not create the idea of Fast Track just to screw the American people, and a vote on Fast Track is not a vote on the Trans Pacific Partnership. Even if Fast Track is approved, Congress can disapprove TPP.
I’m disappointed that Senator Warren, whom I support, is confusing the two in her public comments.
This Might Be the Rule You Are Looking For (1 Reply)
From the ABCC web site:
204 CMR 2.00:
REGULATIONS OF THE ALCOHOLIC BEVERAGES
No licensee shall give or permit to be given money or any other thing of substantial value in any effort to induce any person to persuade or influence any other person to purchase, or contract for the purchase of any particular brand or kind of alcoholic beverages, or to persuade or influence any person to refrain from purchasing, or contracting for the purchase of any particular brand or kind of alcoholic beverages.
A Solution (0 Replies)
Wrap your head in aluminum foil instead.
Mostly True (0 Replies)
LAMBERT v. EXECUTIVE DIRECTOR OF THE JUDICIAL NOMINATING COUNCIL, 425 Mass. 406 (1997)
A lawsuit was brought to obtain certain records of the Judicial Nominating Council. The Court ruled that records of the JNC are the Governor’s records, and therefore not within the scope of the Public Records Law. The Court ruled:
The JNC was created to assist the Governor in carrying out his constitutional obligation. It is an interviewing and screening body whose sole purpose is to assist the Governor. It has no public function. The JNC’s records are essentially the Governor’s records on judicial appointments. Those records are not within G. L. c. 4, § 7, Twenty-sixth.
The SJC has spoken.
Public Records Law (1 Reply)
I don’t believe that the Public Records Law applies to the offices of the Governor or Lt. Governor. Accordingly, it doesn’t matter who owned Murray’s cell phone.
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