Incorporation/UnitedStates - Revision history

Mrcoolbp: /* Federal Judiciary */

2014-04-25T17:35:34Z

Federal Judiciary

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	This creates the unique situation where it is possible for two appellate circuits to come to different decisions; this is known as a circuit split (recent court cases involving NSA wiretapping is an example of such). Such a split is grounds for SCOTUS to accept certiorari, and hear the case to set a final binding precedent.		This creates the unique situation where it is possible for two appellate circuits to come to different decisions; this is known as a circuit split (recent court cases involving NSA wiretapping is an example of such). Such a split is grounds for SCOTUS to accept certiorari, and hear the case to set a final binding precedent.

	~~'''FIXME~~: ~~Add an image~~ of the US Court ~~Districts and Appellate Courts'''~~		[[File:AppellateCourts.jpg\|200px\|thumb\|right\|Basic Outline of the US Appellate Court Structure (state.gov)]]

	==== District Courts ====		==== District Courts ====

Mrcoolbp: /* New Hampshire */ Fixed the "Fixme, add a picture of NH license plate"

2014-04-25T17:05:10Z

New Hampshire: Fixed the "Fixme, add a picture of NH license plate"

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	=== New Hampshire ===		=== New Hampshire ===

	~~'''FIXME~~: ~~Add a picture of~~ the ~~NH license plate showing~~ "Live Free Or Die~~'''~~		[[File:New-Hampshire-License-Plate.jpg\|thumbnail\|New Hampshire License Plate showing the "Live Free or Die" state slogan.]]

	With an official slogan of "Live Free or Die", New Hampshire is well-known for its strong protections of individuals and preserving civil liberties. A politically active and liberal state, it is also known for the New Hampshire Primary, which is the first primary election [https://en.wikipedia.org/wiki/United_States_presidential_primary#Calendar United States presidential primary - Schedule] for anyone seeking election to the office of the President in the United States.		With an official slogan of "Live Free or Die", New Hampshire is well-known for its strong protections of individuals and preserving civil liberties. A politically active and liberal state, it is also known for the New Hampshire Primary, which is the first primary election [https://en.wikipedia.org/wiki/United_States_presidential_primary#Calendar United States presidential primary - Schedule] for anyone seeking election to the office of the President in the United States.

NCommander: /* Nebraska Press Association v. Stuart (1976) */

2014-04-25T16:56:52Z

Nebraska Press Association v. Stuart (1976)

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	But, he added, “there is a privilege analogous to an evidentiary one” — like those protecting communications with lawyers, doctors, priests and spouses — “which courts should recognize and apply” case by case “to protect confidential information.”</blockquote> <ref>http://www.nytimes.com/2007/10/07/weekinreview/07liptak.html?_r=2&ex=1349496000&en=f6d6ce9bcf534225&ei=5088&partner=rssnyt&emc=rss&oref=slogin&</ref>		But, he added, “there is a privilege analogous to an evidentiary one” — like those protecting communications with lawyers, doctors, priests and spouses — “which courts should recognize and apply” case by case “to protect confidential information.”</blockquote> <ref>http://www.nytimes.com/2007/10/07/weekinreview/07liptak.html?_r=2&ex=1349496000&en=f6d6ce9bcf534225&ei=5088&partner=rssnyt&emc=rss&oref=slogin&</ref>

	~~=== Nebraska Press Association v. Stuart (1976) ===~~
	~~==== Background ====~~

	~~==== Findings ====~~

	== Recognition of Bloggers/New Media as Journalists ==		== Recognition of Bloggers/New Media as Journalists ==

NCommander: /* Obsidian Finance Group, LLC v. Cox (2011 - Federal/Oregon) */

2014-04-25T16:26:57Z

Obsidian Finance Group, LLC v. Cox (2011 - Federal/Oregon)

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	* Judgement (original text): http://ia700403.us.archive.org/9/items/gov.uscourts.ord.101036/gov.uscourts.ord.101036.123.0.pdf		* Judgement (original text): http://ia700403.us.archive.org/9/items/gov.uscourts.ord.101036/gov.uscourts.ord.101036.123.0.pdf

	'''NOTE: ''' This case is being appealed and working its way through the courts system. As of ~~right now~~,~~'''[when?]'''~~ until the appellate court has ruled, this judgement is only binding on the state of Oregon. If appeals fail, the judgement will be valid across the Ninth Circuit unless SCOTUS accepts a writ of certiorari		'''NOTE: ''' This case is being appealed and working its way through the courts system. As of 04/25/2014, until the appellate court has ruled, this judgement is only binding on the state of Oregon. If appeals fail, the judgement will be valid across the Ninth Circuit unless SCOTUS accepts a writ of certiorari

	== Laws and Regulations Relating To The Operation Of A Website ==		== Laws and Regulations Relating To The Operation Of A Website ==

NCommander: /* Findings */

2014-04-25T14:11:08Z

Findings

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	'''IMPORTANT: This case was decided on a state level, NOT a federal level, so federal cases act as guidance, and are not necessary binding on the lower courts. Please keep this in mind. Please see the New Hampshire section for more information on specific laws and protections that are relevant to it'''		'''IMPORTANT: This case was decided on a state level, NOT a federal level, so federal cases act as guidance, and are not necessary binding on the lower courts. Please keep this in mind. Please see the New Hampshire section for more information on specific laws and protections that are relevant to it'''

	~~From~~ the ~~judgement~~		The New Hampshire Supreme Court found that Implode qualified for protection under the newsgathering privilege, and that they were protected under New Hampshire's shield laws.

	<blockquote>Implode argues that the newsgathering privilege under Part I, Article 22 of the New Hampshire Constitution protects the identity of the source of the Loan Chart.</blockquote>		<blockquote>Implode argues that the newsgathering privilege under Part I, Article 22 of the New Hampshire Constitution protects the identity of the source of the Loan Chart.</blockquote>

NCommander: /* Incorporation as a Not-For-Profit */

2014-04-25T14:08:20Z

Incorporation as a Not-For-Profit

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	== Incorporation as a Not-For-Profit ==		== Incorporation as a Not-For-Profit ==
	With the exception of non-for-profits (NFPs) created within the District of Columbia, all NFPs are created on a state level, then apply for tax-exempt status from the federal government. Under 28 U.S. Code § 1332, 28 U.S, corporations are essentially considered citizens in the state they're incorporated in, as well as states they primarily do business in. State laws define the requirements for incorporation, requirements of reporting for non-for-profit, as well as rules and regulations that a business must adhere to. This subset of states were selected based on either my personal familiarity with them, or on relevant state statute that increase our protections and freedom.		With the exception of non-for-profits (NFPs) created within the District of Columbia, all NFPs are created on a state level, then apply for tax-exempt status from the federal government. Under 28 U.S. Code § 1332, 28 U.S, corporations are essentially considered citizens in the state they're incorporated in, as well as states they primarily do business in. State laws define the requirements for incorporation, requirements of reporting for non-for-profit, as well as rules and regulations that a business must adhere to. This subset of states were selected based on either my personal familiarity with them, or on relevant state statute that increase our protections and freedom.

			Due to strong local protections, and friendly decisions in the First Appellate Circuit, our first choice for incorporation shall be the state of New Hampshire.

NCommander: /* Findings */

2014-04-25T14:07:12Z

Findings

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	The court ruled against Branzburg, ordering him to compel his sources. In the judgement however, Justice Powell wrote the following which has been a guiding test for determining if/when a reporter's privilege applies or doesn't as the case may be. The New York Times summarized his words as follows:		The court ruled against Branzburg, ordering him to compel his sources. In the judgement however, Justice Powell wrote the following which has been a guiding test for determining if/when a reporter's privilege applies or doesn't as the case may be. The New York Times summarized his words as follows:

	<~~blockqoute~~>In contrast to his meandering concurrence, the few crisp sentences of notes were relatively clear. “We should not establish a constitutional privilege,” Justice Powell said, referring to one based on the First Amendment. Such a privilege would create problems “difficult to foresee,” among them “who are ‘newsmen’ — how to define?”		<blockquote>In contrast to his meandering concurrence, the few crisp sentences of notes were relatively clear. “We should not establish a constitutional privilege,” Justice Powell said, referring to one based on the First Amendment. Such a privilege would create problems “difficult to foresee,” among them “who are ‘newsmen’ — how to define?”

	But, he added, “there is a privilege analogous to an evidentiary one” — like those protecting communications with lawyers, doctors, priests and spouses — “which courts should recognize and apply” case by case “to protect confidential information.”</blockquote><ref>http://www.nytimes.com/2007/10/07/weekinreview/07liptak.html?_r=2&ex=1349496000&en=f6d6ce9bcf534225&ei=5088&partner=rssnyt&emc=rss&oref=slogin&</ref>		But, he added, “there is a privilege analogous to an evidentiary one” — like those protecting communications with lawyers, doctors, priests and spouses — “which courts should recognize and apply” case by case “to protect confidential information.”</blockquote> <ref>http://www.nytimes.com/2007/10/07/weekinreview/07liptak.html?_r=2&ex=1349496000&en=f6d6ce9bcf534225&ei=5088&partner=rssnyt&emc=rss&oref=slogin&</ref>

	=== Nebraska Press Association v. Stuart (1976) ===		=== Nebraska Press Association v. Stuart (1976) ===

NCommander: /* Incorporation as a Not-For-Profit */

2014-04-25T14:06:35Z

Incorporation as a Not-For-Profit

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 With the exception of non-for-profits (NFPs) created within the District of Columbia, all NFPs are created on a state level, then apply for tax-exempt status from the federal government. Under 28 U.S. Code § 1332, 28 U.S, corporations are essentially considered citizens in the state they're incorporated in, as well as states they primarily do business in. State laws define the requirements for incorporation, requirements of reporting for non-for-profit, as well as rules and regulations that a business must adhere to. This subset of states were selected based on either my personal familiarity with them, or on relevant state statute that increase our protections and freedom.
 === New Hampshire ===
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 New Hampshire does not levy income or sales taxes.
 == References ==

NCommander: /* Branzburg v. Hayes (1972) */

2014-04-18T05:09:34Z

Branzburg v. Hayes (1972)

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 === Branzburg v. Hayes (1972) ===
 ==== Background ====
 ==== Findings ====
 === Nebraska Press Association v. Stuart (1976) ===

NCommander: /* Articles of Agreement */

2014-04-14T05:38:24Z

Articles of Agreement

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	Under NH, bylaws must meet the requirements of the articles of agreement. RSA 292:2 define these requirements		Under NH, bylaws must meet the requirements of the articles of agreement. RSA 292:2 define these requirements

	I. The name of the corporation.		* The name of the corporation.
	~~II.~~ The object for which the corporation is established.		* The object for which the corporation is established.
	~~II-a.~~ The provisions for establishing membership and participation in the corporation.		* The provisions for establishing membership and participation in the corporation.
	~~III.~~ The provisions for disposition of the corporate assets in the even t of dissolution of the corporation, including the prioritization of rights of shareholders and members to corporate assets.		* The provisions for disposition of the corporate assets in the even t of dissolution of the corporation, including the prioritization of rights of shareholders and members to corporate assets.
	~~IV.~~ The address at which the business of the corporation is to be carried on.		* The address at which the business of the corporation is to be carried on.
	V. The amount of capital stock, if any, or the number of shares or membership certificates, if any, and provisions for retirement, ~~reac~~		* The amount of capital stock, if any, or the number of shares or membership certificates, if any, and provisions for retirement, reacquisition and redemption of those shares or certificates.
	~~quisition~~ and redemption of those shares or certificates.		** The articles of agreement may contain a provision eliminating or limiting the personal liability of a director, an officer, or both, to the corporation or its shareholders for monetary damages for breach of fiduciary duty as a director, an officer, or both, except with respect to:
	~~V-a. (a)~~ The articles of agreement may contain a provision eliminating or limiting the personal liability of a director, an officer, or both, to the corporation or its shareholders for monetary damages for breach of fiduciary duty as a director, an officer, or both, except with respect to:		** Any breach of the director's or officer's duty of loyalty to the corporation or its shareholders.
	~~(1)~~ Any breach of the director's or officer's duty of loyalty to the corporation or its shareholders.		** Acts or omissions which are not in good faith or which involve intentional misconduct or a knowing violation of law.
	~~(2)~~ Acts or omissions which are not in good faith or which involve intentional misconduct or a knowing violation of law.		** Any transaction from which the director, officer, or both, derived an improper personal benefit.
	~~(3)~~ Any transaction from which the director, officer, or both, derived an improper personal benefit.		*** This paragraph shall not be construed to eliminate or limit the liability of a director, an officer, or both, for any act or omission occurring before January 1, 1992.
	~~(b)~~ This paragraph shall not be construed to eliminate or limit the liability of a director, an officer, or both, for any act or omission occurring before January 1, 1992.

	==== Who Can Be A Member ====		==== Who Can Be A Member ====