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Feds May Order Financial Firms To Allow Class Action Lawsuits

Consumer Financial Protection Bureau Director Richard Cordray, center, participates in a panel discussion in March. His agency is considering banning financial companies from routinely requiring consumers to sign away the right to sue.

Consumer Financial Protection Bureau Director Richard Cordray, center, participates in a panel discussion in March. His agency is considering banning financial companies from routinely requiring consumers to sign away the right to sue. Steve Helber/AP hide caption

itoggle caption Steve Helber/AP

New federal rules could be in the works to make it easier once again for Americans to seek relief through class action lawsuits. That’s the latest word out just this morning from the Consumer Financial Protection Bureau.

The CFPB is considering a ban on so-called forced arbitration clauses, which require customers to submit their claims to arbitration and stay out of court. Consumer rights attorneys complain that they see many people harmed by banks or other financial firms. But those customers, often unknowingly, have signed, for example, a credit card agreement that included a clause that blocks them from joining a class action suit.

CFPB Director Richard Cordray spoke to NPR last night:

“Under this proposed approach, consumers would again get their day in court to hold companies accountable for potential wrongdoing,” Cordary said. “We think that’s quite important.”

Financial industry trade groups are lobbying against such a move by the CFPB. They say the rule would hurt financial firms and wouldn’t help consumers.

But under the Dodd-Frank Wall Street Reform Act, Congress required the CFPB to study this issue. And it gave the bureau the power to craft new regulations to protect consumers, if it sees a need. The CFPB is now moving in that direction.

“Consumers should not be asked to sign away their legal rights when they open a bank account or credit card,” said Cordray.

All this might create some political fireworks in the near future. Just a few months ago, a group of more than 80 House Republicans sent a letter to Cordray asking the CFPB to re-open the study it did which concluded that consumers were being harmed by arbitration clauses. The letter said the study was “fatally flawed.”

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Astros Drop Yankees, Advance In Baseball Playoffs For First Time Since '05

Houston Astros outfielder Carlos Gomez circles the bases after hitting a solo home run in the fourth inning against New York Yankees pitcher Masahiro Tanaka, giving Houston a 2-0 lead. The Astros won the wild card game 3-0 and face the Kansas City Royals next.

Houston Astros outfielder Carlos Gomez circles the bases after hitting a solo home run in the fourth inning against New York Yankees pitcher Masahiro Tanaka, giving Houston a 2-0 lead. The Astros won the wild card game 3-0 and face the Kansas City Royals next. Elsa/Getty Images hide caption

itoggle caption Elsa/Getty Images

The Houston Astros, a surprise success early in the Major League Baseball season before cooling off, will get to keep playing after knocking out the New York Yankees 3-0 in a one-game wild card playoff.

Solo home runs by Colby Rasmus in the second inning and Carlos Guzman in the fourth inning gave Houston an early lead, and starting pitcher Dallas Keuchel gave up just three hits while striking out seven in six innings of work.

Houston pitcher Dallas Keuchel, who won 20 games while striking out 216 this season, threw six strong innings in the Astros' wild card game win Tuesday night.

Houston pitcher Dallas Keuchel, who won 20 games while striking out 216 this season, threw six strong innings in the Astros’ wild card game win Tuesday night. Elsa/Getty Images hide caption

itoggle caption Elsa/Getty Images

Both home runs came off of the Yankees’ Masahiro Tanaka. Carlos Beltran and Alex Rodriguez, batting third and fourth, struck out four times.

The Astros will open the divisional series against the Kansas City Royals on Thursday, with the game airing on Fox Sports 1.

The Astros last advanced in 2005, before the wild card games were added. They eventually lost in the World Series to the Chicago White Sox. That was also the team’s most recent trip to the playoffs, with a decade of futility — including three 100-loss years — between then and this season.

For the Yankees, the loss will make this the team’s sixth straight season falling short of the World Series, the longest gap since a long dry spell from 1982 to 1995.

At a press conference after the game, New York manager Joe Girardi said his team had struggled against left-handed pitching all season, and that the season had been hard on the Yankees, with several playing through injuries.

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California Gov. Jerry Brown Signs End Of Life Option Act

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NPR’s Kelly McEvers speaks with Christy O’Donnell, a former LAPD detective who became an advocate for the right-to-die law after being diagnosed with terminal lung cancer.

Transcript

KELLY MCEVERS, HOST:

Yesterday California’s Governor Jerry Brown signed into law the End of Life Option Act. The law allows terminally ill people to be prescribed the drugs that will end their lives. The main opponents of the bill included some doctors, disability rights groups and religious organizations. One group called it, quote, “a dark day for California.”

On the other side of the debate, there is Christy O’Donnell. She’s 47 years old and a former LAPD detective. After she was diagnosed with stage four lung cancer last year, she became an advocate for this law. And we reached Christy at her home in Santa Clarita, Calif.

Christy, thank you so much for being with us today.

O’DONNELL: Thank you so much for having me.

MCEVERS: How did you hear the news yesterday that Governor Brown had signed this bill into law?

O’DONNELL: Well, I was at lunch with my daughter and received a call from one of the senators who had authored the bill. So there’s no place else that I would want to be except with my daughter getting the news.

MCEVERS: Yeah, how did you feel?

O’DONNELL: You know, I was speechless at first – which my friends and family will tell you is a very unusual thing for me. I was so happy to hear that the governor really had looked into his heart, that he had been very insightful in realizing that, you know, there are people like me and my daughter who need this and we need it now. We can’t wait.

MCEVERS: How do you respond to some concerns though that there are people who might be pressured to end their lives to save money on health bills, or that other people might just sort of give up on themselves before exhausting all the other options?

O’DONNELL: All I can tell you is this. People right now in California already have the right to refuse medical treatment. A bill that gives them one option is not going to emotionally change whether or not a terminally ill patient wants to accept treatment. You know, if I didn’t want to live, I could’ve refused treatment 13 months ago and I would’ve already passed away.

MCEVERS: Could we talk about your health?

O’DONNELL: Certainly.

MCEVERS: How are you feeling right now?

O’DONNELL: Well, today’s a tough day for me. I’ve got a very bad headache and dizziness and tremendous nausea. I have some good days. You know, yesterday, physically, was a good day for me. So it’s really sort of up and down.

MCEVERS: And what is your overall prognosis?

O’DONNELL: My prognosis at this point really is two to three months. The tumors have spread. They’re throughout my liver, my spine, my rib. And then of course, the original tumor in my lung and the tumors in my brain.

MCEVERS: So does the governor signing this bill change your plans? Will you be able to start the process of ending your life here in California with the help of a doctor?

O’DONNELL: I knew, as did my daughter, that when we started speaking out in favor of the legislation that it was highly unlikely that I personally would be able to utilize aid in dying because of my short prognosis. That is still the case because it’s unlikely that the bill’s going to take affect any time prior to January, and, currently, my prognosis just isn’t that long.

MCEVERS: If this new law doesn’t change your personal situation, what does the signing of this bill mean to you either way?

O’DONNELL: It still means a tremendous amount to my daughter and I because while we personally may still have to go through the suffering, you know – and unfortunately, my daughter may have to carry a very horrible, terrible memory of me and my death forward – we hope that we are the last family ever to have to have that experience, and that thousands of other Californians now that are terminally ill will never have to go through this because whether or not they choose to use aid in dying, knowing that they have that option is going to bring tremendous peace to them. So all of this was worth it. It’s still a landmark day for California and hopefully for the country.

MCEVERS: Well, Christy O’Donnell, thank you so much for your time.

O’DONNELL: Thank you.

MCEVERS: That’s Christy O’Donnell. She did tell us that she is pursuing another option to end her life legally. She has a lawsuit pending that would protect a doctor from prosecution if that doctor prescribed her medication that would end her life.

Copyright © 2015 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.

NPR transcripts are created on a rush deadline by a contractor for NPR, and accuracy and availability may vary. This text may not be in its final form and may be updated or revised in the future. Please be aware that the authoritative record of NPR’s programming is the audio.

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A Body, Transformed

The image of former Guantanamo detainee Mohammed El Gharani is projected onto what Laurie Anderson calls a "film sculpture" in her multimedia work Habeas Corpus.

The image of former Guantanamo detainee Mohammed El Gharani is projected onto what Laurie Anderson calls a “film sculpture” in her multimedia work Habeas Corpus. James Ewing/Park Avenue Armory hide caption

itoggle caption James Ewing/Park Avenue Armory

The musician and multimedia artist Laurie Anderson has long made America one of her great themes; her panoptic, early ’80s magnum opus was titled United States, and her work has shown enduring fascination, and disquiet, with the way our national culture conducts itself. But Habeas Corpus, a multimedia work and concert presented at the Park Avenue Armory in New York City Friday, Oct. 2 through Sunday, Oct. 4, was remarkable even by her own standards. Created in collaboration with Mohammed El Gharani, a former Guantanamo prisoner released from the notorious facility in 2009, the piece interrogates our country’s questionable actions through the power of storytelling. It shows how stories told by governments, and those we tell ourselves, can imprison — but also how they can liberate.

El Gharani’s story, as presented in the piece (and explicated by Anderson in a recent essay) is roughly this: Born in Chad, he was captured in a Pakistani mosque at age 14, his apparent crime was being in the wrong place at the wrong time. He wound up in Guantanamo on charges that were later deemed to be based on dubious testimonies, and spent over seven years imprisoned there, subjected to torture, beatings and solitary confinement. Then the charges were suddenly dismissed and he was freed, with scant explanation and no apology. (The human rights organization Reprieve secured El Gharani’s release, and connected him with Anderson.)

In Habeas Corpus, El Gharani’s live video image was beamed from an unspecified location in West Africa into the Park Avenue Armory, where it was projected for roughly seven hours each day on a huge white “film sculpture,” as Anderson calls it, approximating the size and form of the Lincoln Memorial in Washington, D.C. As the program text noted, the literal definition of habeas corpus, the legal term for a person’s protection against unlawful imprisonment, is “you shall have the body.” The installation does just that — albeit digitally.

Part of the piece’s subversive power is the fact that, as a former Guantanamo prisoner, El Gharani is barred from entering the U.S. regardless of his innocence. Encountering Mohammed’s image in the huge, vaulted space of the Armory’s Drill Hall, once the site of U.S. military exercises, is chilling. He sits silently, in a t-shirt, slacks and fresh Brooks running shoes, looking like any young man anywhere, largely motionless and expressionless but for the occasional smirk or idle motion – thumb-twiddling, or the shifting of hands from thighs to belly – conjuring something of what solitary confinement might feel like. His body floats in the darkness, glowing, the only other light coming from a massive disco ball, suggestive of various stilled celebrations, and in one corner (the piece’s sole uncertain gesture) a projection of what seemed to be cut-up fragments of El Gharani’s story.

Mohammed’s image breaks silence once each hour, when he goes off-camera in West Africa, and is replaced by his own pre-recorded mirror-image, recounting his tale in a remarkably matter-of-fact tone. The only other sounds in the hall come from another kind of sculpture: Six stationary electric guitars and amplifiers which belonged to Anderson’s late husband, Lou Reed, emit a generative, steadily-modulated drone (reminiscent of Reed’s notorious 1975 LP Metal Machine Music) controlled by sound artist Stewart Hurwood, sporadically broken by bursts of static and ambient elements, including wind and distorted surveillance audio. (At one point towards the end of Friday’s viewing hours, a lone trumpeter moved through the hall, issuing plaintive notes.) The soundtrack is menacing and majestic, somber and strong, furious yet beautiful – like anger transmogrified into a wary, scarred bliss.

Two side room exhibits were footnotes to the main piece. In one, El Gharani straightforwardly recounts the narrative of his ordeal on a standard video screen. In the second room, a doubled miniature version of the drill hall sculpture presents a video loop of Anderson and her dog seated side by side, as Anderson tells a story involving her memories of September 11, 2001 (her Manhattan studio is a short walk from the site of the twin towers). The scale felt like a playful comment on the artist’s effort to minimize her presence in El Gharani’s story. At the same time, the accounts connected the lives of the two collaborators in the world beyond artwork, where the events of September 11th continue to resonate.

Laurie Anderson and her ensemble perform during the concert portion of Habeas Corpus on Friday, Oct. 2.

Laurie Anderson and her ensemble perform during the concert portion of Habeas Corpus on Friday, Oct. 2. Stephanie Berger/Park Avenue Armory hide caption

itoggle caption Stephanie Berger/Park Avenue Armory

Anderson’s monologue is an excerpt from Heart Of A Dog, her breathtakingly poetic and elegiac film about death, love and loss to be released this month. After what appeared to be a period of low ebb before and after the death of her husband (a central figure in Heart Of A Dog, although his name is never spoken), Anderson is experiencing a remarkable creative surge. Habeas Corpus, Heart Of A Dog, with its forthcoming soundtrack recording and Landfall, her recent multimedia piece with the Kronos Quartet, are among the most potent works of her career. There’s a hard new clarity in her vision, and maybe a new impatience, with flickers of anger and sorrow where there was once an arched eyebrow. Credit the wisdom of age and experience, or the demands of the historical moment.

All of these were on display during Friday night’s evening concert and “dance party.” Anderson is best known as a musician, and in addition to an extended abstract piece with collaborators Merrill Garbus (of the avant-pop project tUnE-yArDs), and Shazad Ismaily, she performed “O Superman,” the unlikely semi-hit single that, back in 1981, ushered her from the galleries and lofts of the art scene into the pop world. A haunting song whose electronic arrangement and processed vocals still sound futuristic, its lyrics have taken on new resonance since the World Trade Center attacks. Intoning the lines “here come the planes / they’re American planes” from behind a small sound console, imploring a mother to hold her in her “military arms,” there was less wryness, more world-weariness to her tone. As Anderson has said of the song, it was not predicting the future, merely describing the present. Sadly, that remains the case.

To cap the evening, Anderson’s ensemble segued seamlessly from a freeform section into a beat-driven set by the Syrian electro-pop artist Omar Souleyman. It was, however, an awkward mood shift, with Souleyman, speaking little English, hoping to spur the audience to dance, to shift their attention from head to body. You couldn’t fault the impulse: What, after all, signifies freedom and the resilience of the human spirit more profoundly than dancing? Eventually the crowd thinned, and the music had its desired effect on the holdouts, who swiveled hips and clapped along in the shadow of Anderson’s towering sculpted screen, which, sans video projection, loomed like a huge ghost.

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Today in Movie Culture: 'Jaws 19' Trailer, Tom Hiddleston Does His De Niro For De Niro and More

Here are a bunch of little bites to satisfy your hunger for movie culture:

Fake Trailer of the Day:

Along with all the other ways fans and brands are celebrating the 30th anniversary of Back to the Future combined with the actual date Doc, Marty and Jennifer travel to in 2015 in Back to the Future Part II, Universal created a fake teaser trailer for Jaws 19 (via Screen Crush):

[embedded content]

Celebrity Impressions of the Day:

While appearing on The Graham Norton Show with, among others, Robert De Niro, Tom Hiddleston did his impressions of Christopher Walken, Al Pacino and, yes, De Niro — the latter two in a one-man redo of scenes from Heat (via Variety):

[embedded content]

Movie Mashup of the Day:

Check out the ultimate Disneyfied version of Star Wars: The Force Awakens, featuring characters from Peter Pan, Robin Hood, Aladdin, The Lion King, Frozen, Pinocchio and more (via Geek Tyrant):

[embedded content]

Classic Cartoon of the Day:

Speaking of Disney cartoons, today is the 80th anniversary of the release of the animated short Music Land, a classic of Walt Disney‘s Silly Symphonies series. Watch it in full below.

[embedded content]

Cosplay of the Day:

Watch a video of the best Hulkbuster-armored Iron Man cosplay ever, featuring working lights and lasers. See another video on its making at Fashionably Geek.

[embedded content]

Vintage Image of the Day:

Do you recognize the young woman pictured below? That’s a very young Kate Winslet, who celebrates her 40th birthday today, in her first screen role, on the 1991 BBC series Dark Season.

Video Essay of the Day:

Looking at films from the dawn of cinema up through this year’s Inside Out, this essay illustrates the importance of color in storytelling (via Live for Films):

[embedded content]

Supercut of the Day:

In honor of the release of The Martian, here’s a supercut of movie characters getting their asses to Mars:

[embedded content]

Filmmaker in Focus:

Also in honor of The Martian, here’s an in-depth half-hour interview with Ridley Scott (via Filmmaker IQ):

[embedded content]

Classic Trailer of the Day:

Today is the 25th anniversary of the release of Philip Kaufman‘s Henry & June, which marked the debut of the NC-17 rating. Watch the original trailer for the biopic, which would go on to earn an Oscar nomination for its cinematography, below. And notice that it doesn’t feature any mention of the MPAA’s new creation.

[embedded content]

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DuPont CEO Set To Exit This Month

Amid falling stock prices, outgoing chairwoman and CEO of DuPont Ellen Kullman says it's time for a new leader.

Amid falling stock prices, outgoing chairwoman and CEO of DuPont Ellen Kullman says it’s time for a new leader. Richard Drew/AP hide caption

itoggle caption Richard Drew/AP

Ellen Kullman, the CEO of the chemical company DuPont, said Monday that she will retire on Oct. 16. The announcement follows falling stock prices as the company struggles in the global economy.

Edward Breen, a DuPont board member, will serve as Kullman’s interim replacement.

NPR’s Chris Arnold reports on the leadership change.

“As the CEO of DuPont, Ellen Kullman ranked as No. 26 on the Forbes list of the World’s 100 Most Powerful Women. But recently, DuPont’s run into trouble. Brazil, for example, is a big customer and with it’s weakening currency, it’s not buying as many agricultural chemicals. DuPont’s stock was recently down nearly 40 percent from a peak in March. The falling stock value led to calls from powerful investors to break up the 200-year-old company. Ellen Kullman has so far resisted that pressure for a breakup. But she said in a statement it’s time for a new leader. DuPont’s board thanked Kullman for her ‘highest standard for integrity and commitment’ during her her 27 years with the company.”

On Monday DuPont revised its operating earnings outlook, according to The Wall Street Journal.

“The company again slashed its projection for operating profit for the year to $2.75 a share, down from its prior projection of $3.10 a share, which had already been cut in July.”

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Major League Baseball Underdogs To Face-Off In Postseason

4:29

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NPR’s Robert Siegel talks with Jonah Keri of Grantland about some of the newcomers in this year’s Major League Baseball playoffs, including the Houston Astros and the Chicago Cubs.

Transcript

ROBERT SIEGEL, HOST:

There are plenty of familiar faces in this year’s Major League Baseball playoffs. The St. Louis Cardinals, the Los Angeles Dodgers, New York Yankees – they’re all in again. But there are also plenty of upstarts in the postseason including a couple of teams playing in wild-card games this week. And joining me to talk about all this is Grantland’s Jonah Keri. Welcome to the program again.

JONAH KERI: Thanks for having me.

SIEGEL: Let’s start with the wild-card games. In the American League matchup tomorrow in New York, the Houston Astros are sending out their best pitcher and the man who may have the biggest beard in all baseball, Dallas Keuchel, against the Yankees. How do you see that one playing out?

KERI: You know, it will be interesting to see. Keuchel does seem to be a pretty good matchup in that ballpark. On the other hand, once you get to these one-game playoffs, you’re not necessarily going to ride your starter seven, eight or nine innings because you have the ability to pull out all the stops. It’s an elimination game. And from that standpoint, the Yankees would seem to have the advantage because the Yankees have two monster relievers in Dellin Betances and Andrew Miller. So they have the ability to mix and match a little bit and get aggressive in how they use that bullpen which could nullify potentially any advantage that the Astros might have in starting.

SIEGEL: Well, then in Wednesday’s National League matchup, the Chicago Cubs will face the Pittsburgh Pirates in Pittsburgh. The Pirates have won 98 games, and the Cubs have won 97. But after this wild-card game, one of those teams will be going home – doesn’t seem fair.

KERI: Yeah, what a beauty of a matchup. It doesn’t seem fair. You’re right. Both managers have kind of intimated they wish it was at least a three-game series.

And great pitching matchup here – Jake Arrieta – what a phenomenal season by him. One of the best seasons we’ve seen in a long, long time by any pitcher. He’s great for the Cubs. And for the Pirates, Gerrit Cole will be an excellent matchup for him. You know, again here it could be a bullpen situation where the Pirates – they could roll out guys starting in the fifth or sixth inning if Cole tires.

The thing about Arrieta, though, is Arrieta just set an all-time major league record for lowest ERA in the second half – .75. And so if there is any one pitcher that you would consider riding deep into this game and not treated as a – what you would call a bullpen game, it could be Arrieta. I mean, it’s not impossible. He could just come out there and win the game one to nothing or two to nothing.

SIEGEL: Pirates haven’t won a World Series since 1979. The Cubs, of course, haven’t won at all since Theodore Roosevelt was president. It’s hard to imagine a casual fan not rooting for the team that wins that game.

KERI: Yeah, absolutely. These are two very likable ball clubs. There’s no question they’re underdogs. I mean, not just the World Series – the Pirates didn’t have a winning season for two decades before finally breaking that streak a couple years ago. And you know, the Cubs, of course, have a lot of great young players too – Chris Bryant, who’s going to win Rookie of the Year and Joe Maddon, the Renaissance man as the manager – likable to many, although possibly not to the Cubs’ rivals. Perhaps they don’t see his Merlot drinking is all that attractive.

SIEGEL: (Laughter). Now, waiting for either the Cubs or the Pirates – whoever wins that game – are the St. Louis Cardinals who are in the playoffs for what seems to be the 700th season in a row. How do the Cards keep doing this?

KERI: Well, I mean, they just have a great organization top to bottom. I mean, you look at – the players are certainly great, but it really starts with scouting and player development and their general manager, John Mozeliak. And they do an excellent job. And yes, in some ways, it’s predictable that the Cardinals made it this year, but if you dig down to the details, they lost half their roster over the course this season. But they just have such incredible depth. They find a way to draft guys, develop them, bring them up to the majors and put them in position to succeed. So credit to everybody – credit to those players certainly, credit to the manager Mike Matheny, who I don’t think gets enough credit, quite frankly, and credit to the front office and to the Scouts and the number crunchers and everybody who puts them in position to make that happen. It really is the model franchise in baseball.

SIEGEL: In the American League, the Kansas City Royals are back in the playoffs again. Last year they surprised and delighted almost everyone with an incredible playoff run that ended in the ninth inning of game seven of the World Series with the tying run on third base. This year, they surprised absolutely no one by being the best team in the American League all season long. Can the Royals handle the burden of great expectations and make it back to the World Series?

KERI: You know, it’s quite possible. And they’re such a strange team. We’re sitting here obsessing, almost, over starting pitching – this player and this pitcher.

The way that they won it last year was basically with bullpen, with defense and with base running. They just ran you to death, and they would small ball you to death. And all that stuff was happening. And the difference in this year’s club versus last year is that all of a sudden, they’re not just a, you know, a paper-cut team offensively. You know, they’ll hit some homeruns and doubles and have a chance to beat you offensively too. So they are a dangerous club and one of the better teams coming into the playoffs.

SIEGEL: Jonah Keri, who covers baseball for Grantland. Jonah thanks.

KERI: Thank you.

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California Governor Signs Landmark Right-To-Die Law

Debbie Ziegler holds a photo of her late daughter, Brittany Maynard, after the California State Assembly approved a right-to-die measure on Sept. 9. Maynard died on Nov. 1, 2014.

Debbie Ziegler holds a photo of her late daughter, Brittany Maynard, after the California State Assembly approved a right-to-die measure on Sept. 9. Maynard died on Nov. 1, 2014. Rich Pedroncelli/AP hide caption

itoggle caption Rich Pedroncelli/AP

Updated at 9:15 p.m. ET.

California Gov. Jerry Brown signed landmark legislation Monday, allowing terminally ill patients to obtain lethal medication to end their lives when and where they choose.

In a deeply personal note, Brown said he read opposition materials carefully, but in the end was left to reflect on what he would want in the face of his own death.

“I do not know what I would do if I were dying in prolonged and excruciating pain,” he wrote. “I am certain, however, that it would be a comfort to be able to consider the options afforded by this bill. And I wouldn’t deny that right to others.”

One of the key co-authors of the legislation, state Sen. Bill Monning, a Democrat from Carmel, Calif., said the signing “marks a historic day in California” and called the governor’s thoughts “a powerful statement.”

Brown’s signature concludes a hotly contested, 10-month debate that elicited impassioned testimony from lawmakers, cancer patients who fear deaths marked by uncontrollable pain and suffering, and religious and disability advocates who fear coercion and abuse.

Marg Hall, an advocate with the Bay Area disability rights group Communities United in Defense of Olmstead, said she was “disappointed” and “worried.”

“Given the level of dysfunction and injustice that exists currently in our health care system — with many people without insurance still, with the very underfunded ability of people to have choices for treatment and care — adding this very potentially dangerous tool to the mix is of great concern to people with disabilities,” Hall said.

Marilyn Golden, a policy analyst with the Disability Rights Education and Defense Fund, also strongly opposes the new law. It lacks safeguards, she said, adding that she fears abusive heirs or caregivers could “steer” patients toward assisted suicide.

But U.S. Sen. Dianne Feinstein, a Democrat from California, said Brown made the “absolutely correct” decision.

“I’ve seen firsthand the agony that accompanies prolonged illness, for both patients and loved ones, and this bill provides a compassionate, kind option,” Feinstein said in a prepared statement, which emphasized the law’s safeguards.

Dr. Robert Liner, a retired obstetrician who is in remission from lymphoma, said he was thrilled with the governor’s action, having fought for this change for many years.

“It has been a long road,” Liner said. “I’m really glad Gov. Brown stepped up to the plate and signed it.”

Liner is part of a lawsuit seeking the right of doctors to avoid liability for prescribing lethal medication to terminally ill patients. Liner said he doesn’t know what he will do when he reaches the time to make a decision about his own life.

“But I really think it is important to have an option,” he said. “I am delighted.”

The new law requires two doctors to determine that a patient has six months or less to live before the lethal drugs can be prescribed. Patients also must be physically able to swallow the medication themselves and must have the mental capacity to make medical decisions.

One of the meetings must be private, with only the patient and the physician present. That requirement is aimed at ensuring the patient is acting independently, Monning said. Patients must also reaffirm in writing that they intend to take the medication within 48 hours.

Golden called these safeguards “hollow.” She said none of the states — including California — that have legalized this option require a witness at the death. When asked if opponents would be monitoring implementation of the law to ensure there is no abuse, she said her group “is not taking any options off the table right now.”

The law will take effect sometime in 2016 — 91 days after the special legislative session, which is still ongoing — concludes. At that time, California will become the fifth state to allow physician-assisted suicide. Oregon, Washington, Montana and Vermont permit the practice. It was permitted in New Mexico until August, when an appeals court in the state reversed a lower court ruling that had established physician-assisted suicide as a right. The New Mexico Supreme Court is now hearing that case.

Perhaps the most visible face of this law is Brittany Maynard, the 29-year-old California woman who suffered from terminal brain cancer and moved to Oregon explicitly because it permits aid-in-dying. Maynard used the law to end her life last November.

In an interview Monday, her widower, Dan Diaz, said he felt “an enormous sense of gratitude” that the bill has been signed into law. He said his wife would have felt “relief … for all terminally ill Californians — that they have that bit of control.”

Elizabeth Wallner, who lives in Sacramento and has stage 4 colon cancer, said she felt a “a great sense of relief. … I don’t want to die,” she said, but “having the option is really powerful.”

The legislation started out as SB128, a bill introduced in January. That bill cleared the California Senate, but ultimately stalled in the state Assembly in July. The authors then introduced a similar bill in August, during a special legislative session called by Brown this summer.

When the law goes into effect in 2016, California will become the fifth state to allow physician-assisted suicide, along with Oregon, Washington, Montana and Vermont.

The practice was permitted in New Mexico until August, when an appeals court reversed a lower court ruling that had established physician-assisted suicide as a fundamental right. Advocates have appealed that case to the state Supreme Court, and a hearing is set for later this month.

The California law is set to expire in 10 years, unless the legislature passes another law to extend it.

This story was produced by member station KQED’s blog State of Health, with reporting contributions from Anna Gorman, a senior correspondent with the NPR partner Kaiser Health News.

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Why Play Football? 2 Views On The Game, From Those Who Know It Best

During his NFL days, Nate Jackson (81) played tight end for the Denver Broncos. He's also the author of the best-selling memoir Slow Getting Up: A Story of NFL Survival from the Bottom of the Pile.
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During his NFL days, Nate Jackson (81) played tight end for the Denver Broncos. He’s also the author of the best-selling memoir Slow Getting Up: A Story of NFL Survival from the Bottom of the Pile. Dave Einsel/AP hide caption

itoggle caption Dave Einsel/AP

This September alone, three high school football players died after injuries sustained on the field. The latest, a 17-year-old quarterback from New Jersey, suffered a ruptured spleen during a game just over a week ago.

In some high schools across the U.S., deaths such as these — and an increased focus on the risk of head injury and concussions — have raised concerns among parents and diminished interest in the sport. At others, like the Maplewood Richmond Heights High School in suburban St. Louis, the football programs have disbanded altogether.

Earlier this year, at a live event in Dallas, NPR’s Michel Martin discussed the ethics of football with two longtime players — one retired from the NFL, the other just beginning college. Nate Jackson, who played six seasons in the NFL, and Nahshon Ellerbe, a former high school football star now at Rice University, joined Martin again this week to resume the conversation on All Things Considered.

“For people who haven’t played the sport before, it’s hard to explain to them why you would subject your body to that kind of stress and turmoil,” Ellerbe tells her. “But for people who play the game and love it, it’s pretty simple.”

But complexities remain.

To hear the full interview, listen to the audio link above.

Nahshon Ellerbe, a star running back at Trinity Christian Academy in Addison, Texas, warms up before a game against Midland Christian.

Nahshon Ellerbe, a star running back at Trinity Christian Academy in Addison, Texas, warms up before a game against Midland Christian. Jeffrey McWhorter/Trinity Christian Academy hide caption

itoggle caption Jeffrey McWhorter/Trinity Christian Academy


Interview Highlights

On a dangerous incident from Jackson’s high school football days

Jackson: I had a scrimmage when I was a senior, and the quarterback for the other team was scrambling. He got held up on his legs and spun around, and our linebacker hit him right in the face mask with such force that it popped the straps off his chin strap and pushed his face mask from his nose and split his lip from his nose down and basically exposed his teeth. He was spitting out blood, and I was standing right over him.

It was a sobering moment, definitely. But the urgency of a football game — you know it’s a next-man-up mentality, and we just kept on going. Once they got him off the field, got him in an ambulance and drove him away, we looked at each other and shook it off and then we were right back off there playing again. So, for me, that was a good introduction to the machine that just keeps on rolling. It doesn’t stop. …

I was in high school and I had aspirations to continuing playing. You know, you just hope it’s not you, and when it happens to a friend or an opponent, you feel bad for them, but the moment sweeps you right up back in it and you forget about it very quickly.

On why Ellerbe keeps playing football, even knowing that people can get badly hurt

Ellerbe: I think definitely the reward of playing football, and the experience you have, just kind of outweighs any type of fear that you may have. Because my teammates that I’ve seen sustained major injuries — I never sustained one, thankfully — but the ones I’ve seen sustain major injuries, you know, they are some of the hardest-working and passionate players that I’ve ever been around.

So, football is a game just full of passion, and we as high school football players, as college football players, we come to the game knowing that there are risks. But really, quite honestly, if you ask any player, they’ll probably tell you they don’t really care because they love the game. And they love having teammates, and they love that atmosphere.

On why it might be that the three deaths recently all occurred at the high school level

Jackson: I think because the disparity in skill levels, sometimes, on a high school field is pretty vast compared to college and especially the NFL. In the NFL, all these guys are really the cream of the crop, the strongest, fastest, most stable guys of the bunch, and the lower you go down, you know, you’ll have guys on a football field in high school who might not belong there.

That’s kind of part of the cultural funneling system that puts all boys on a football field. Not all boys are cut out to play football. Me and Nahshon are, but some of these high school kids get put on compromising positions on the field and end up taking a shot from a guy who’s much bigger, much faster, much stronger. And his body just can’t withstand it.

Also, the medical treatment that’s received, the medical officials that are on site in the NFL and college, you know, they have more resources at their fingertips, whereas at these high schools, they can be stretched pretty thin, as far as the medical training of the people involved or the ability for them to get to the hospital fast.

On what Jackson would recommend, to make the sport safer

Jackson: I think it’s about coaching, really. It’s the coaches taking a step back and looking at the well-being of the kids.

I think football did a lot of great things for me. I feel like I left the game with my mind intact, and it gave me a lot of great opportunities. I wouldn’t go back and change anything I did, and I don’t think Nahshon would either — and all the guys I played with in the NFL will tell you the exact same thing.

But I think it’s the culture around the game — not so much the players themselves, but in amateur football, the adults that funnel them on the field, that mow the lawn, that make the helmets, that set the broken arm (if you break your arm), that take you to the hospital, that allow you to pass classes maybe when you didn’t deserve it. Those are the people who need to ask themselves what they are creating by allowing this game to exist and putting it on such a pedestal.

The thing about it is, you know, we believe that football is a very, very important event, and that’s why we’ll sacrifice our lives for it. It’s a proving ground for manhood. And everybody in your community, wherever you are in America, and every high school — they rally around the football team, and it’s the central point of all the energy and the school pride, and so there’s so much momentum around it.

I don’t know how you pull that back, because the NFL is a hype machine, you know. So they’re selling this product, and it trickles down. And all the kids watch it, and they want to be there, too.

Ellerbe, greeted by fans on the field. "Everybody in your community, wherever you are in America, and every high school — they rally around the football team," says Nate Jackson.

Ellerbe, greeted by fans on the field. “Everybody in your community, wherever you are in America, and every high school — they rally around the football team,” says Nate Jackson. Jeffrey McWhorter/Trinity Christian Academy hide caption

itoggle caption Jeffrey McWhorter/Trinity Christian Academy

On whether Ellerbe has heard conversations — with teammates, parents or coaches — changing around the sport

Ellerbe: I definitely think the measures that we take to protect ourselves are definitely changed, It’s kind of crazy how innovations have taken place, and how much more protection and how much knowledge we have now.

But I will say, I think a big difference is that there’s so many player protections, drill work, practice layouts, game days, sideline procedures that aren’t used in high school that are standard in college and professional football — things like that, where we discuss in college locker rooms, “OK, thank God we have those things now; we didn’t have those things in high schools.”

So I think there are certain ways to protect ourselves certain ways, to be smarter. Coaching is extremely important. Just knowing the correct way to tackle — if you don’t know that, you put yourself at huge risk of getting hurt every time you step on the field.

But, you know, in the locker room we are not all that concerned about injuries. Obviously, when someone does get injured, we rally around them and we help them get back to full strength. But we don’t talk about it. It’s just kind of taboo. We just work hard, put our heads down and keep going because it’s the game we love, and it’s the game that we’ve been playing for so long.

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Good Gourd! What's With All The Weird-Looking Squash?

Wing Gourds: Phil Rupp of Rupp Seeds says that, many years ago, an Amish woman from Pennsylvania sent Phil's father, Roger Rupp, photos of an interesting gourd she'd developed. Roger hadn't seen anything like it, so he agreed to market the variety. The woman sent in some seeds, and from there, Rupp's popular line of wing gourds was born.
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    Wing Gourds: Phil Rupp of Rupp Seeds says that, many years ago, an Amish woman from Pennsylvania sent Phil’s father, Roger Rupp, photos of an interesting gourd she’d developed. Roger hadn’t seen anything like it, so he agreed to market the variety. The woman sent in some seeds, and from there, Rupp’s popular line of wing gourds was born.
    Ariel Zambelich/NPR
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    Galeux D’ Eysines: The commonly used name is likely a shortened version of Borde Galeux d’Eysines, which means “embroidered with scabs from Eysines,” a small city in southern France. It’s a great cooking pumpkin, perfect for pies and soups. According to professor of plant biology Brent Loy, Americans were introduced to the French heirloom in 1986 after it was seen at a pumpkin fair in France.
    Ariel Zambelich/NPR
  • Turk's Turbin, or Clown's Crown: Sometimes called the Turk's Cap or French Turbin, this pretty little squash originated in Europe in the early 19th century.
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    Turk’s Turbin, or Clown’s Crown: Sometimes called the Turk’s Cap or French Turbin, this pretty little squash originated in Europe in the early 19th century.
    Ariel Zambelich/NPR
  • Gremlin
    Ariel Zambelich/NPR
  • Blue Hubbard: This huge blue-gray squash was introduced in 1909 by Massachusetts seed entrepreneur James J.H. Gregory, who was also behind the cherry tomato.
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    Blue Hubbard: This huge blue-gray squash was introduced in 1909 by Massachusetts seed entrepreneur James J.H. Gregory, who was also behind the cherry tomato.
    Ariel Zambelich/NPR
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    One Too Many: So named because it looks like a bloodshot eye, this hybrid was developed by plant breeder Duane Bell of Rupp Seeds in the early 2000s. Bell crossed two orange pumpkin species, Maxima and Moschata, in an effort to develop a hearty, deep red variety. “I had no idea I’d get stripes,” he says. But he knew a good seller when he saw it.
    Ariel Zambelich/NPR
  • Lunch Lady: Ironically, given its name, this one is inedible.
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    Lunch Lady: Ironically, given its name, this one is inedible.
    Ariel Zambelich/NPR
  • Lil Pump-ke-mon
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    Lil Pump-ke-mon
    Ariel Zambelich/NPR
  • Warty Goblin: This hybrid was developed by plant breeders in the late 2000s by transferring the genetic traits for wartiness from small gourds into big jack-o-lantern-style pumpkins. The warts stay green for a few weeks after harvest, but they'll eventually turn orange.
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    Warty Goblin: This hybrid was developed by plant breeders in the late 2000s by transferring the genetic traits for wartiness from small gourds into big jack-o-lantern-style pumpkins. The warts stay green for a few weeks after harvest, but they’ll eventually turn orange.
    Ariel Zambelich/NPR

When Virginia farmer Charles Martin first got into the pumpkin game a decade ago, he started small, with a half-acre plot of traditional round, orange jack-o-lanterns. Today he grows 55 varieties of gourds, squash and pumpkins, and he’s always looking for something new.

As he walks through his half-harvested patch, Martin points out an orange pumpkin covered in green bumps — the Warty Goblin. A few feet away there’s a white-and-red-striped pumpkin called One Too Many. “It’s supposed to resemble a bloodshot eye,” Martin says, laughing. Then he spots a striped gray squash. It’s a new variety a seed company is toying with, and it doesn’t have a name yet — it’s Experimental 133.

These colorful gourds aren’t just a hobby for Martin: They’re big business. In the last 30 years the amount of American farmland devoted to pumpkins has tripled, and most of those big fruits aren’t filling pies. As the weather turns, the Pinterest-loving sorts among us increasingly look for odd, eye-catching pumpkins, gourds and squash to decorate homes and offices.

“Everyone wants to have the new, really cool gourd that everyone wants to buy, that Martha Stewart posts on her blog,” says Adam Pyle, a horticulturalist at the United States Botanic Garden in Washington, D.C. “You have a huge demand for squash and gourds that are aesthetically interesting and different from each other. That’s been popular for a while, and it’s been really trendy the last few years.”

Charles Martin and his wife, Rosa, stand amidst some of their favorite gourds and squash from this year's harvest.

Charles Martin and his wife, Rosa, stand amidst some of their favorite gourds and squash from this year’s harvest. Vanessa Rancano/NPR hide caption

itoggle caption Vanessa Rancano/NPR

These interesting new gourds, they don’t just exist — people make them. And there’s nothing new about that: We’ve been manipulating squash and gourds to suit our various needs for around 8,000 years, when Pyle says people first started breeding them. They’re among the earliest plants that humans domesticated. For millennia farmers created new varieties that tasted better, or had tougher skins that enabled them to last through the winter, or resisted disease. And now we’re making them as pretty — or ugly — as possible, depending on whom you ask.

“That’s the goal: to get something stranger and stranger, because that’s what people want,” says Bill Holdsworth, a breeder for the major seed company Rupp Seeds. That’s what sells. “If they see something they’ve never seen before, they’re more likely to buy it.”

There’s a reason these plants have so much decorative potential: They’re super diverse genetically, and particularly ostentatious in displaying those differences, Pyle says. And that’s something we don’t see very often in our fruits and vegetables. We want consistency when it comes to food, but because we choose to decorate with squash and gourds, we let them show us everything they’ve got.

Larry Eckler, a decorative gourd breeder in Niles, Mich., has been doing this for 40 years. When he first started, he says, his gourds were pretty plain, just like everyone else’s. But he’s had to keep pace with demand. “You’ve got to move on to better and brighter and unique things,” Eckler says. “That’s what the consumer looks for, because they like to really decorate.” His most popular variety, the trademarked Daisy gourd, is a colorful, flower-shaped little thing that took him close to 30 years to perfect. Now he has a giant version in the works.

(These words, by the way — pumpkin, squash, gourd — Pyle says they don’t actually mean anything, botanically speaking. Colloquially, gourd usually refers to inedible varieties, squash to edible ones, and pumpkin is just what we’ve decided to call some rounded squash.)

At a produce auction near Martin’s farm, truck after truck is loaded with colorful pumpkins and gourds for sale. The auction floor is crowded with competition. Buyers have come from as far as North Carolina and Pennsylvania; There are restaurant owners here, grocers and farmers market vendors, all looking for something to give their customers the look of the season.

Gourds, squash and pumpkins galore are for sale at the Shenandoah Valley Auction in rural Virginia.

Gourds, squash and pumpkins galore are for sale at the Shenandoah Valley Auction in rural Virginia. Vanessa Rancano/NPR hide caption

itoggle caption Vanessa Rancano/NPR

Virginia Davis is here to stock her roadside produce stand in Stuarts Draft, Va. She sells 85 different kinds of squash and gourds, and today she spends $1,800 to help her maintain that variety. She’ll sell them at a 25 percent markup.

They’ll end up in homes like Karen Alston’s in Washington, D.C. She’s a marketing executive who entertains at home a lot, and she recently paid a decorator to festoon her house with pumpkins and flowers. She says a colorful display like this is a conversation starter. “When you think of fall, you think of pumpkin, gourds and all these beautiful colors. I think it adds to the beauty of the season,” Alston says. “People will be talking about this.”

And farmers, like Charles Martin in Virginia, are happy to keep the variety coming. He says they give him a rare opportunity. “If you’re gathering tomatoes, you want them all uniform,” he says. But with these, “You want each item to have its own character. As a farmer, it’s glorious fun.”

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