The Last Ride
4 hours ago
Friday, July 10, 2009
Shop for a Legal Malpractice Lawyer
This poor child should be made whole for the damage done by his lawyer's carelessness.
Friday, July 3, 2009
Saturday, June 27, 2009
Tactics Never Tried in Medical Malpractice Defense
1) Opposing experts testifying in good faith implies a scientific controversy exists. That can only get resolved by additional scientific data. Rhetoric and persuasion in a trial are unfair to the civil defendant. A scientific controversy is outside the subject matter jurisdiction of the court. Only cases within the knowledge of the jury or having an expert supporting only the plaintiff side should be allowed to proceed. If someone can show one expert is testifying in bad faith (lying), a mistrial should be declared, and all legal costs should be assessed to the personal assets of the expert.
2) The plaintiff expert should produce a minimum of 5 personal charts, from within 1 year of the damage to the plaintiff, treating a condition similar to that of the plaintiff. If these 5 personal charts do not confirm the expert's management is the same as that in the report, then the testimony is not in good faith. If the expert cannot produce 5 charts of a case similar to that of the plaintiff, his testimony should be disqualified as an expert. If the expert is impeached or disqualified, a mistrial should be called, and all legal and court costs should be assessed to the personal assets of the misleading expert.
3) Outcome bias, and all other cognitive biases should be ruled out by the expert certifying the merit of the claim. If these biases are found at trial, a mistrial should be declared, and all legal costs should be assessed to the personal assets of the expert that signed the certificate of merit.
4) This measure may be going on now, but not enough. The entire list of the plaintiff experts written and testimonial output should be read word for word. Every item that contradicts a point in the report or deposition transcript should be listed. These contradictions impeach the credibility of the expert and should serve to have the judge disqualify the expert. Again, a mistrial should get declared and all legal costs should be assessed to the personal assets of the lying expert.
5) Data Mining by IMS and equivalent companies. One may get a national count or a regional count of prescriptions, with patient characteristics for about $5000. If hundreds or thousands of doctors have given a drug to thousands or millions of patients, even off label, that is the single best definition of the standard of care. If the plaintiff expert states, the use of this medication is not within the standard of care, that is an opinion. It is impossible to perjure oneself about an opinion. The latter may be impeached by inconsistent statements. However, in the presence of data from prescription databases showing many doctors prescribing the same as the defendant, then the plaintiff expert has contradicted a fact. Defense counsel should be asked to call for a mistrial, and to assess all legal costs to the assets of the plaintiff expert. It is permissible for the plaintiff expert to say, many doctors prescribe the same way as the defendant, but I disagree with that practice. That assertion is not a lie, and is an opinion. The opinion is immunized by the Free Speech Clause and by a Supreme Court decision. The assertion of a false fact is not. The appellate courts have upheld state laws banning data mining. These decisions will likely get appealed.
Defense lawyers employed by insurance companies will always refuse to try these defenses. The defendant is urged to hire a personal lawyer who specializes in legal malpractice to thoroughly bully and terrorize the insurance company defense attorney. These defenses will deter future false testimony by experts, and drastically cut into the need for malpractice insurance and for malpractice defense attorneys.
2) The plaintiff expert should produce a minimum of 5 personal charts, from within 1 year of the damage to the plaintiff, treating a condition similar to that of the plaintiff. If these 5 personal charts do not confirm the expert's management is the same as that in the report, then the testimony is not in good faith. If the expert cannot produce 5 charts of a case similar to that of the plaintiff, his testimony should be disqualified as an expert. If the expert is impeached or disqualified, a mistrial should be called, and all legal and court costs should be assessed to the personal assets of the misleading expert.
3) Outcome bias, and all other cognitive biases should be ruled out by the expert certifying the merit of the claim. If these biases are found at trial, a mistrial should be declared, and all legal costs should be assessed to the personal assets of the expert that signed the certificate of merit.
4) This measure may be going on now, but not enough. The entire list of the plaintiff experts written and testimonial output should be read word for word. Every item that contradicts a point in the report or deposition transcript should be listed. These contradictions impeach the credibility of the expert and should serve to have the judge disqualify the expert. Again, a mistrial should get declared and all legal costs should be assessed to the personal assets of the lying expert.
5) Data Mining by IMS and equivalent companies. One may get a national count or a regional count of prescriptions, with patient characteristics for about $5000. If hundreds or thousands of doctors have given a drug to thousands or millions of patients, even off label, that is the single best definition of the standard of care. If the plaintiff expert states, the use of this medication is not within the standard of care, that is an opinion. It is impossible to perjure oneself about an opinion. The latter may be impeached by inconsistent statements. However, in the presence of data from prescription databases showing many doctors prescribing the same as the defendant, then the plaintiff expert has contradicted a fact. Defense counsel should be asked to call for a mistrial, and to assess all legal costs to the assets of the plaintiff expert. It is permissible for the plaintiff expert to say, many doctors prescribe the same way as the defendant, but I disagree with that practice. That assertion is not a lie, and is an opinion. The opinion is immunized by the Free Speech Clause and by a Supreme Court decision. The assertion of a false fact is not. The appellate courts have upheld state laws banning data mining. These decisions will likely get appealed.
Defense lawyers employed by insurance companies will always refuse to try these defenses. The defendant is urged to hire a personal lawyer who specializes in legal malpractice to thoroughly bully and terrorize the insurance company defense attorney. These defenses will deter future false testimony by experts, and drastically cut into the need for malpractice insurance and for malpractice defense attorneys.
Thursday, June 25, 2009
Juries
Lie detector machines have some usefulness and validation. Yet, their results are excluded from testimony. The idea that a group of annoyed strangers can detect the truth by using their gut feelings or can settle disputes in advanced technical fields is a psychotic delusion of the lawyer. The lawyer has excluded any with knowledge, making matters worse.
In the Middle Ages, the jurors had good knowledge of the case. They had walked the disputed property line 10 years before. They knew the criminal since childhood. Together they contributed the wisdom of the crowd. The lawyer has perverted these advantages grasped 1000 year ago, and excludes those with knowledge and even those married to those with knowledge. There is no point to having a jury, if only ignoramuses are allowed by the biased lawyer on the bench.
The sole valid jury vote is the secret first vote. It should be the only one allowed. After that, the jury vote reflects the opinion of the biggest loud mouth. The rest of the jurors only want to go home, will go along with any decision that will end their ordeal. If there is a lawyer on the jury, he can reverse the majority vote in the direction of his biased opinion. Under such circumstances, the legislature could set a high threshold of a super majority of the jury for guilty verdict, e.g. 9 of 12.
The jurors should be compensated at their standard salary rate, and there should be no one excused, not even the President of the United States. This is a version of dragooning. The theft of their services is a regulatory taking violating the Fifth Amendment, and I do not care what case law says. The case law was set by judges dependent on free jury services. Their conflict of interest makes all their appellate decisions unlawful and corrupt. Someone asked about compensating a housewife. Employment discrimination laws cover that scenario. What salary would be required to replace her services for her 8 hour workday of a juror? I think you could find someone to do child care, cook, shop, clean, for around $10 an hour, times 8 hours (time on jury duty for a day), so about $80 a day. As to breast feeding, no employment laws cover that. Some employers allow it at work, and it is not disruptive. Others do not. Some of the issues are here. It is not settled in the workplace, so it is not settled in the court. If allowing babies at work replaces maternity leave, it is quite advantageous to the employer.
The defense should be permitted to tell the truth. But for the plaintiff complaint, their lives would not have been interrupted.
Who are the peers in "a jury of one's peers?" One's peers are one's fellow citizens in town. So, random assignments to cases would be the fairest. That would end the churning cases, and appeals on discriminatory juries. It would end voir dire, the questioning of juries. The latter has never been proven effective for the lawyers. They just add hours and days to their billed time.
In the Middle Ages, the jurors had good knowledge of the case. They had walked the disputed property line 10 years before. They knew the criminal since childhood. Together they contributed the wisdom of the crowd. The lawyer has perverted these advantages grasped 1000 year ago, and excludes those with knowledge and even those married to those with knowledge. There is no point to having a jury, if only ignoramuses are allowed by the biased lawyer on the bench.
The sole valid jury vote is the secret first vote. It should be the only one allowed. After that, the jury vote reflects the opinion of the biggest loud mouth. The rest of the jurors only want to go home, will go along with any decision that will end their ordeal. If there is a lawyer on the jury, he can reverse the majority vote in the direction of his biased opinion. Under such circumstances, the legislature could set a high threshold of a super majority of the jury for guilty verdict, e.g. 9 of 12.
The jurors should be compensated at their standard salary rate, and there should be no one excused, not even the President of the United States. This is a version of dragooning. The theft of their services is a regulatory taking violating the Fifth Amendment, and I do not care what case law says. The case law was set by judges dependent on free jury services. Their conflict of interest makes all their appellate decisions unlawful and corrupt. Someone asked about compensating a housewife. Employment discrimination laws cover that scenario. What salary would be required to replace her services for her 8 hour workday of a juror? I think you could find someone to do child care, cook, shop, clean, for around $10 an hour, times 8 hours (time on jury duty for a day), so about $80 a day. As to breast feeding, no employment laws cover that. Some employers allow it at work, and it is not disruptive. Others do not. Some of the issues are here. It is not settled in the workplace, so it is not settled in the court. If allowing babies at work replaces maternity leave, it is quite advantageous to the employer.
The defense should be permitted to tell the truth. But for the plaintiff complaint, their lives would not have been interrupted.
Who are the peers in "a jury of one's peers?" One's peers are one's fellow citizens in town. So, random assignments to cases would be the fairest. That would end the churning cases, and appeals on discriminatory juries. It would end voir dire, the questioning of juries. The latter has never been proven effective for the lawyers. They just add hours and days to their billed time.
Sunday, June 21, 2009
Bad Cult Uses Good Tactics Against the IRS
Many thanks to Prof. Howard M Friedman and his great site.
Here.
1) Massive number of lawsuits simultaneously. "It gained church status from the IRS by, "...an extraordinary campaign of public pressure backed by thousands of lawsuits.... The church filed about 200 lawsuits against the IRS, seeking documents to prove IRS harassment and challenging the agency's refusal to grant tax exemptions to church entities. Some 2,300 individual Scientologists also sued the agency, demanding tax deductions for their contributions. "Before you knew it, these simple little cookie-cutter suits … became full-blown legal cases," Rathbun said."
2) Attack IRS conduct with documents obtained by the Freedom of Information Act. "Armed with IRS records obtained under the Freedom of Information Act, Scientology's magazine, Freedom, featured stories on alleged IRS abuses: lavish retreats on the taxpayers' dime; setting quotas on audits of individual Scientologists; targeting small businesses for audits while politically connected corporations were overlooked. Scientologists distributed the magazine on the front steps of the IRS building in Washington."
3) Whistleblower group. "A group called the National Coalition of IRS Whistleblowers waged its own campaign. Unbeknownst to many, it was quietly created and financed by Scientology."
4) Advertising. "...full-page ads in USA Today criticizing the IRS."
The federal government is in failure. It attacks innocence and protects evil (but not in the case of the Church of Scientology). It is supposed to protect the public. It protects itself only, if at all. Such counter-measures have full moral and intellectual justification to deter it.
Here.
1) Massive number of lawsuits simultaneously. "It gained church status from the IRS by, "...an extraordinary campaign of public pressure backed by thousands of lawsuits.... The church filed about 200 lawsuits against the IRS, seeking documents to prove IRS harassment and challenging the agency's refusal to grant tax exemptions to church entities. Some 2,300 individual Scientologists also sued the agency, demanding tax deductions for their contributions. "Before you knew it, these simple little cookie-cutter suits … became full-blown legal cases," Rathbun said."
2) Attack IRS conduct with documents obtained by the Freedom of Information Act. "Armed with IRS records obtained under the Freedom of Information Act, Scientology's magazine, Freedom, featured stories on alleged IRS abuses: lavish retreats on the taxpayers' dime; setting quotas on audits of individual Scientologists; targeting small businesses for audits while politically connected corporations were overlooked. Scientologists distributed the magazine on the front steps of the IRS building in Washington."
3) Whistleblower group. "A group called the National Coalition of IRS Whistleblowers waged its own campaign. Unbeknownst to many, it was quietly created and financed by Scientology."
4) Advertising. "...full-page ads in USA Today criticizing the IRS."
The federal government is in failure. It attacks innocence and protects evil (but not in the case of the Church of Scientology). It is supposed to protect the public. It protects itself only, if at all. Such counter-measures have full moral and intellectual justification to deter it.
Tuesday, June 16, 2009
Lower Health Care Cost by 50% by Getting Rid of the Land Pirate
1) There is 2% in medical malpractice insurance cost. Most of it ends up in the pockets of lawyers, filing weak cases to score in the lawsuit lottery.
2) There is 10% defensive medicine.
3) There is 20% spent on worthless end of life care that tortures dying old people, solely motivated by a need to protect oneself from litigious, scapegoating, greedy, family members.
4) There is at least 20% for unproven, gold plated worthless regulation and accreditation standards. As the authorities impose phony standards of care from evidence based medicine, shouldn't the authorities prove that every new standard imposed at the point of a gun has been proven to achieve better patient outcomes. This requires pilot studies and controlled experiments in every larger settings. All new standards are garbage science until proven otherwise. These accrediting and licensing authorities should be sued every time they impose their garbage standards.
5) There is 10% overhead for insurance disputes and billing. The lawyer has immunized these HMO companies from any accountability. Even valid claims of insurance bad faith will fail. They are now huge, mature industries. They no longer need unfair and unjustified immunities. Strong lobbying efforts should end their unconstitutional immunities. The first lawsuit should be for the free labor, and its resulting unjust enrichment, pre-authorizations being for their benefit, that they intentionally forced from doctors, something like $trillion.
6) There is the cost of medical errors, perhaps up to 5%. Every medical error is caused by the lawyer. Instead of thorough investigations and system changes to prevent them, errors are covered up because they will take down the entity when lawyers get a hold of the reports. Such reports are testimony against interest, an exception to the hearsay rule. Every word will be blown up in a poster or Powerpoint in front of the jury, and read aloud, over and over.
7) There is the retention of incompetent, unethical, and dangerous staff, costing another 5%, because employment lawyers would destroy the place if they were fired.
8) There is more self-care. People are fully capable of learning how to diagnose and treat a higher level of disorders than cuts and colds. Make many non-addictive medications available over the counter, most of which are safer than those available one, in use and in overdose. People should be able to read about the management of a minor, non-lethal ailment, its medication management, then to take a low dose of a medication over the counter. The package insert should be written at the sixth grade level.
9) The biggest untapped mine of medical advance, at no additional cost, is the off label use of many medications. End the draconian punishments for off label promotion by drug companies. And fund a lot of research into exploiting the medication we have now. One person's horrible side effect is another's life saver. Headache patients accidentally died from unknown internal bleeding caused by aspirin. The blood thinning side effect has saved countless heart attack patients.
Get rid of the oppression and plunder of the pestiliential land pirate, and health cost would be 50% lower, have higher quality, with errors nearly gone. And, you would have enough money left to buy the uninsured top of the line executive grade health insurance.
2) There is 10% defensive medicine.
3) There is 20% spent on worthless end of life care that tortures dying old people, solely motivated by a need to protect oneself from litigious, scapegoating, greedy, family members.
4) There is at least 20% for unproven, gold plated worthless regulation and accreditation standards. As the authorities impose phony standards of care from evidence based medicine, shouldn't the authorities prove that every new standard imposed at the point of a gun has been proven to achieve better patient outcomes. This requires pilot studies and controlled experiments in every larger settings. All new standards are garbage science until proven otherwise. These accrediting and licensing authorities should be sued every time they impose their garbage standards.
5) There is 10% overhead for insurance disputes and billing. The lawyer has immunized these HMO companies from any accountability. Even valid claims of insurance bad faith will fail. They are now huge, mature industries. They no longer need unfair and unjustified immunities. Strong lobbying efforts should end their unconstitutional immunities. The first lawsuit should be for the free labor, and its resulting unjust enrichment, pre-authorizations being for their benefit, that they intentionally forced from doctors, something like $trillion.
6) There is the cost of medical errors, perhaps up to 5%. Every medical error is caused by the lawyer. Instead of thorough investigations and system changes to prevent them, errors are covered up because they will take down the entity when lawyers get a hold of the reports. Such reports are testimony against interest, an exception to the hearsay rule. Every word will be blown up in a poster or Powerpoint in front of the jury, and read aloud, over and over.
7) There is the retention of incompetent, unethical, and dangerous staff, costing another 5%, because employment lawyers would destroy the place if they were fired.
8) There is more self-care. People are fully capable of learning how to diagnose and treat a higher level of disorders than cuts and colds. Make many non-addictive medications available over the counter, most of which are safer than those available one, in use and in overdose. People should be able to read about the management of a minor, non-lethal ailment, its medication management, then to take a low dose of a medication over the counter. The package insert should be written at the sixth grade level.
9) The biggest untapped mine of medical advance, at no additional cost, is the off label use of many medications. End the draconian punishments for off label promotion by drug companies. And fund a lot of research into exploiting the medication we have now. One person's horrible side effect is another's life saver. Headache patients accidentally died from unknown internal bleeding caused by aspirin. The blood thinning side effect has saved countless heart attack patients.
Get rid of the oppression and plunder of the pestiliential land pirate, and health cost would be 50% lower, have higher quality, with errors nearly gone. And, you would have enough money left to buy the uninsured top of the line executive grade health insurance.
Tuesday, June 9, 2009
Cali Court of Appeals Limits Doctor Liability to Third Parties
Greenberg v Superior Court of Orange County
The doctor changed medication of his Asperger Syndrome patient. The patient killed a bunch of people and himself. The estates sued the doctor for medical malpractice, not for failure to warn. There was no specific threat made by the patient.
The doctor had no duty to the infinite number of potential patient victims.
The doctor changed medication of his Asperger Syndrome patient. The patient killed a bunch of people and himself. The estates sued the doctor for medical malpractice, not for failure to warn. There was no specific threat made by the patient.
The doctor had no duty to the infinite number of potential patient victims.
Saturday, June 6, 2009
Experts
A doc blogs about his medmal case, already concluded.
1) Experts are subject to outcome bias, as is everyone else, including juries and judges. The same procedures will be rated as within standard of care if the outcome is good in a case presentation, and outside the standard if the outcome is bad with exactly the same steps. Outcome bias is a bias, as racism is. It violates the procedural due process of civil defendants to a fair trial, a right established by the Supreme Court. No one has ever used this tactic in a trial or in an appeal. The bias is so well proven that any defense lawyer not asserting it took place should be terrorized by the legal malpractice expert employed as personal lawyer by the defendant.
2) I strongly urge the defendant to have his personal lawyer bully his insurance hack loser traitor lawyer force the opposing expert to produce his own charts on similar cases as the one in the lawsuit. These charts should have been within a year of the injury to the patient, since the standard of care has a short half life. There should be many. If the expert cannot produce his own charts, move for a mistrial, and all costs to the personal assets of the plaintiff, the plaintiff lawyer, and plaintiff expert. The lying expert is not really an expert if he has not done the same work as the defendant. That move will likely exclude all academic assholes. They do not see patients, being scholars, and are totally junior to the defendant, including in IQ.
3) The defendant himself should parse every word uttered by the plaintiff expert. That includes all publication, all reports, and all charts. If a single utterance contradicts any statement in the report, in the sworn deposition, in the sworn testimony, have the personal lawyer terrorize the insurance hack loser into moving for the judge to charge the expert with perjury, and refer the expert to the District Attorney for criminal charges, criminal contempt, and a mistrial, again with all costs to the personal assets of the lying expert. To deter.
Why does one need a personal lawyer to terrorize the vile insurance hack loser? Because the traitor does not want to permanently damage the plaintiff side. This vile traitor owes his job to the lying plaintiff not to the defendant. He will never willingly hurt the other side, because the plaintiff side is delicate, and runs at the first sign of painful resistance. The case costs them $50K to bring. If they see losing that amount, and a crushing resistance, they run away, and never come back.
The innocent defendant has a moral duty to clinical care to never settle, and to actively seek the personal destruction of the plaintiff, the plaintiff lawyer, and the plaintiff expert. If they commit suicide so much better the remedy, that one being permanent. It would be well deserved. Every penny they consume comes from the care of other patients, to maintain their Roman Orgy lifestyles.
4) If opposing experts testify in good faith, then a scientific controversy exists. It cannot get resolved by rhetoric, and jury preference. It may only be resolved by additional scientific evidence from validated research. The court should automatically dismiss the case. So only cases that are within the knowledge of the jury, or have expert support for only one side are within the subject matter jurisdiction of the court. Any case allowing a debate between opposing experts violates the procedural due process right of the civil defendant to a fair hearing.
We need some new approaches to the plaintiff experts. There is no recourse against them outside the trial. The defendant is an expert himself, and should be used to the maximum in the case. One should refer unprofessional conduct to the licensing board of each state in which he is licensed. Send in one complaint a week to a separate board. Each generates an investigation. Do the same with complaints to professional societies, and to the employer. Let the expert live with uncertainty for years if necessary. Generate legal fees if any complaint sticks.
Experts have absolute immunity for their opinions. This is based on the First Amendment, on a Supreme Court decision, and on universally accepted public policy. To encourage service to the court. It applies to the defense expert, and to the defendant when testifying. I think it is fair.
There is a lot of recourse within the trial, with the judge. This is never used, because it would end the medmal business. So the defense attorney must be forced. He may resign before allowing these.
1) Demand charts of the plaintiff experts for similar patients. If there are no recent charts, as in the past two years, seek disqualification of the expert. He is not an expert, then. Reading from a book does not make anyone an expert.
2) The defendant must read every word uttered by the plaintiff expert anywhere. If any asserted fact is not true, the witness is guilty of perjury or criminal contempt of court. So, double check all experience. Say, he testifies he spent 2 years in a fellowship, but left after one. That is a false fact, not opinion. Say, he testifies he read a certain document, but obviously knows nothing about it. That is a false fact. If an opinion contradicts an opinion in testimony or report, let the defense lawyer know to impeach the plaintiff expert. “Doctor, in which passage were you lying?”
3) I would like to see total e-discovery of all plaintiff parties, including the plaintiff, the plaintiff lawyer, and all plaintiff experts. Get all personal computers, get all social networking names and aliases, seeking improper motives in the lawyers, and bias in the plaintiff and in the plaintiff expert.
4) Have the defense expert go through the plaintiff expert report. And use this checklist of biases to characterized every conclusion.
http://en.wikipedia.org/wiki/List_of_cognitive_biases
Some defense attorney will have the courage to call for a mistrial because these biases violate the procedural due process rights found for the civil defendant. Most medmal cases are weak and represent an expression of outcome bias. The latter also explains the disparities in insurance rates between specialties. Neurosurgeons do not make more mistakes than dermatologists. Their bad outcome generates more revenge motivation than those of dermatologists. White Coat correctly identified the scapegoating motive of the claim. It is unlawful. The defense attorney must ask for a mistrial and all costs to the personal assets of the plaintiff lawyer. Will never happen unless the defense attorney is threatened with personal destruction by another lawyer.
1) Experts are subject to outcome bias, as is everyone else, including juries and judges. The same procedures will be rated as within standard of care if the outcome is good in a case presentation, and outside the standard if the outcome is bad with exactly the same steps. Outcome bias is a bias, as racism is. It violates the procedural due process of civil defendants to a fair trial, a right established by the Supreme Court. No one has ever used this tactic in a trial or in an appeal. The bias is so well proven that any defense lawyer not asserting it took place should be terrorized by the legal malpractice expert employed as personal lawyer by the defendant.
2) I strongly urge the defendant to have his personal lawyer bully his insurance hack loser traitor lawyer force the opposing expert to produce his own charts on similar cases as the one in the lawsuit. These charts should have been within a year of the injury to the patient, since the standard of care has a short half life. There should be many. If the expert cannot produce his own charts, move for a mistrial, and all costs to the personal assets of the plaintiff, the plaintiff lawyer, and plaintiff expert. The lying expert is not really an expert if he has not done the same work as the defendant. That move will likely exclude all academic assholes. They do not see patients, being scholars, and are totally junior to the defendant, including in IQ.
3) The defendant himself should parse every word uttered by the plaintiff expert. That includes all publication, all reports, and all charts. If a single utterance contradicts any statement in the report, in the sworn deposition, in the sworn testimony, have the personal lawyer terrorize the insurance hack loser into moving for the judge to charge the expert with perjury, and refer the expert to the District Attorney for criminal charges, criminal contempt, and a mistrial, again with all costs to the personal assets of the lying expert. To deter.
Why does one need a personal lawyer to terrorize the vile insurance hack loser? Because the traitor does not want to permanently damage the plaintiff side. This vile traitor owes his job to the lying plaintiff not to the defendant. He will never willingly hurt the other side, because the plaintiff side is delicate, and runs at the first sign of painful resistance. The case costs them $50K to bring. If they see losing that amount, and a crushing resistance, they run away, and never come back.
The innocent defendant has a moral duty to clinical care to never settle, and to actively seek the personal destruction of the plaintiff, the plaintiff lawyer, and the plaintiff expert. If they commit suicide so much better the remedy, that one being permanent. It would be well deserved. Every penny they consume comes from the care of other patients, to maintain their Roman Orgy lifestyles.
4) If opposing experts testify in good faith, then a scientific controversy exists. It cannot get resolved by rhetoric, and jury preference. It may only be resolved by additional scientific evidence from validated research. The court should automatically dismiss the case. So only cases that are within the knowledge of the jury, or have expert support for only one side are within the subject matter jurisdiction of the court. Any case allowing a debate between opposing experts violates the procedural due process right of the civil defendant to a fair hearing.
We need some new approaches to the plaintiff experts. There is no recourse against them outside the trial. The defendant is an expert himself, and should be used to the maximum in the case. One should refer unprofessional conduct to the licensing board of each state in which he is licensed. Send in one complaint a week to a separate board. Each generates an investigation. Do the same with complaints to professional societies, and to the employer. Let the expert live with uncertainty for years if necessary. Generate legal fees if any complaint sticks.
Experts have absolute immunity for their opinions. This is based on the First Amendment, on a Supreme Court decision, and on universally accepted public policy. To encourage service to the court. It applies to the defense expert, and to the defendant when testifying. I think it is fair.
There is a lot of recourse within the trial, with the judge. This is never used, because it would end the medmal business. So the defense attorney must be forced. He may resign before allowing these.
1) Demand charts of the plaintiff experts for similar patients. If there are no recent charts, as in the past two years, seek disqualification of the expert. He is not an expert, then. Reading from a book does not make anyone an expert.
2) The defendant must read every word uttered by the plaintiff expert anywhere. If any asserted fact is not true, the witness is guilty of perjury or criminal contempt of court. So, double check all experience. Say, he testifies he spent 2 years in a fellowship, but left after one. That is a false fact, not opinion. Say, he testifies he read a certain document, but obviously knows nothing about it. That is a false fact. If an opinion contradicts an opinion in testimony or report, let the defense lawyer know to impeach the plaintiff expert. “Doctor, in which passage were you lying?”
3) I would like to see total e-discovery of all plaintiff parties, including the plaintiff, the plaintiff lawyer, and all plaintiff experts. Get all personal computers, get all social networking names and aliases, seeking improper motives in the lawyers, and bias in the plaintiff and in the plaintiff expert.
4) Have the defense expert go through the plaintiff expert report. And use this checklist of biases to characterized every conclusion.
http://en.wikipedia.org/wiki/List_of_cognitive_biases
Some defense attorney will have the courage to call for a mistrial because these biases violate the procedural due process rights found for the civil defendant. Most medmal cases are weak and represent an expression of outcome bias. The latter also explains the disparities in insurance rates between specialties. Neurosurgeons do not make more mistakes than dermatologists. Their bad outcome generates more revenge motivation than those of dermatologists. White Coat correctly identified the scapegoating motive of the claim. It is unlawful. The defense attorney must ask for a mistrial and all costs to the personal assets of the plaintiff lawyer. Will never happen unless the defense attorney is threatened with personal destruction by another lawyer.
Tuesday, May 26, 2009
Judge Sotomayor: Remarks Not Elsewhere
Type 1 Diabetes: The complete medical record must be produced. Diabetes carries a high risk of mental illness, and of cognitive impairment. Republicans should demand that she have neuropsychological testing prior to her confirmation hearing.
Diabetes may defund the Supreme Court, a horrible agency of oppression. She should go for a pancreas transplant at a $ million. It usually requires a kidney transplant also. The meds add up to $100K a year. Her prolonged absences would have the Supreme Court at an even number, which is an excellent idea. I would enjoy seeing weasel, Justice Kennedy, go hat in hand to request supplemental funding for the Court from his dog masters, in the Congress. Chattel are subject to eminent domain. She should apply Kelo to a corpse, and take the organs. That would be a great application of Kelo. If someone questions it, such as CJ Roberts, sue him under the ADAA. Disability, as defined under the 2009 ADAA, should be added to the list of her entitled and lawyer privileged statuses.
Catholic Cardinal Spellman High School: She should have no trouble with the supernatural core doctrines of the law, taken from the Catechism. For example, the fact that the Reasonable Person may be lawyer code for Jesus Christ, should give her no problem whatever.
Princeton University, Yale Law School: Absolute, automatic disqualifiers. All Ivy grads are Hate America freaks.
They should be excluded from all responsible government positions per se. I do not distinguish by political affiliation. They are all the same. They may have high IQ's, but all believe in growing government. None has common sense. And as far as the real world of people, they are grossly mentally retarded. Someone misled them into thinking their judgment is better than that of others. The government does nothing well because of their incompetence, and their running it. See the Presidents of the 20th Century, uninterrupted, unmitigated catastrophes for our nation.
Their educations and academic achievements are lesser than those of grads of the Big Ten. None has an original thought because they are book worms, and they had no real world responsibility. They hire away people who have achieved, and then they rot there. She may qualify as a law prof, however.
Divorce: Find the man that could live with this horrible person for more than a short time. Then, publicize the entire marriage and its dissolution. The Supremacy blog is trying to get a copy of the divorce record.
Horrible Bronx Accent, Horrible Bronx Attitudes: Racist. Politically Correct Abomination. Did I say, a Politically Correct Identity Politics Abomination, Personally Obnoxious, Bully, and Rude, Member of Racist Extremist Anti-American Organization. In the Bronx, jurors would rather see 100 guilty men go free than to accept the testimony of a police officer. Torts are a method of wealth transfer from the few productive entities there to lawyers, with some crumbs going to low ethics plaintiffs. That Bronx mentality will be forced on the nation now. A horrible, ungrateful, threatening complainer, a nightmare for our nation.
La Raza: The judge is a member of an organization that wants to forcefully return the Southwest to its owner, Mexico. It is a racist organization similar in its views to white supremacist organizations like the KKK.
Diabetes may defund the Supreme Court, a horrible agency of oppression. She should go for a pancreas transplant at a $ million. It usually requires a kidney transplant also. The meds add up to $100K a year. Her prolonged absences would have the Supreme Court at an even number, which is an excellent idea. I would enjoy seeing weasel, Justice Kennedy, go hat in hand to request supplemental funding for the Court from his dog masters, in the Congress. Chattel are subject to eminent domain. She should apply Kelo to a corpse, and take the organs. That would be a great application of Kelo. If someone questions it, such as CJ Roberts, sue him under the ADAA. Disability, as defined under the 2009 ADAA, should be added to the list of her entitled and lawyer privileged statuses.
Catholic Cardinal Spellman High School: She should have no trouble with the supernatural core doctrines of the law, taken from the Catechism. For example, the fact that the Reasonable Person may be lawyer code for Jesus Christ, should give her no problem whatever.
Princeton University, Yale Law School: Absolute, automatic disqualifiers. All Ivy grads are Hate America freaks.
They should be excluded from all responsible government positions per se. I do not distinguish by political affiliation. They are all the same. They may have high IQ's, but all believe in growing government. None has common sense. And as far as the real world of people, they are grossly mentally retarded. Someone misled them into thinking their judgment is better than that of others. The government does nothing well because of their incompetence, and their running it. See the Presidents of the 20th Century, uninterrupted, unmitigated catastrophes for our nation.
Their educations and academic achievements are lesser than those of grads of the Big Ten. None has an original thought because they are book worms, and they had no real world responsibility. They hire away people who have achieved, and then they rot there. She may qualify as a law prof, however.
Divorce: Find the man that could live with this horrible person for more than a short time. Then, publicize the entire marriage and its dissolution. The Supremacy blog is trying to get a copy of the divorce record.
Horrible Bronx Accent, Horrible Bronx Attitudes: Racist. Politically Correct Abomination. Did I say, a Politically Correct Identity Politics Abomination, Personally Obnoxious, Bully, and Rude, Member of Racist Extremist Anti-American Organization. In the Bronx, jurors would rather see 100 guilty men go free than to accept the testimony of a police officer. Torts are a method of wealth transfer from the few productive entities there to lawyers, with some crumbs going to low ethics plaintiffs. That Bronx mentality will be forced on the nation now. A horrible, ungrateful, threatening complainer, a nightmare for our nation.
La Raza: The judge is a member of an organization that wants to forcefully return the Southwest to its owner, Mexico. It is a racist organization similar in its views to white supremacist organizations like the KKK.
Sunday, May 24, 2009
Discussion of Latin Legal Utterance as Violation of Establishment Clause
Latin for Lawyers is recommended. Professor Bill Poser disagreed that Latin represented the endorsement of a church. The Supreme Court held that a moment of silence endorsed a non-specific religion in a public school setting. Their hypocrisy at allowing their own use of Latin is extreme.
The Comments were shut off before allowing me to point out that much of the content of the analysis of crime came from the catechism. In this Wikipedia description of mortal sin in the Catholic Church, one can see great similarities to criminal law analysis.
There are "elements." The harm is grave. There is no ignorance of the law in the conscience. There is intent. There are mitigating circumstances, such as insanity.
The Comments were shut off before allowing me to point out that much of the content of the analysis of crime came from the catechism. In this Wikipedia description of mortal sin in the Catholic Church, one can see great similarities to criminal law analysis.
There are "elements." The harm is grave. There is no ignorance of the law in the conscience. There is intent. There are mitigating circumstances, such as insanity.
Thursday, May 21, 2009
Reversal of the Feres Doctrine
Weasels will now second guess and defund battlefield surgeons seeking to save our wounded warriors.
Sunday, May 17, 2009
American Law Institute Meeting
ALI. Membership makes a convenient arrest list when it comes time to take out the lawyer hierarchy.
Any judge quoting any report is in insurrection against the Constitution. This is a parallel law making body, telling legislatures how to write laws, and telling judges what the law is. These are internal traitors.
If they are not law makers, they are guideline makers. They have a duty to do no harm. Any litigant injured by their carelessness should sue on behalf of a class. They should also sue the individual members, and their employers, for negligent hiring, and for failure to supervise. I would bet the employers have assets close to $trillion.
Good case for the right tort lawyer.
The ALI is not a mere quasi-governmental organization. It is a supra-governmental organization. It tells legislatures and courts what to do. Most of its reporting is not reporting. It is the expression of the bias of the reporter, mostly Commie, left wing academic and judge wackos, rent seeking values, to generate massive procedures, to prevent the real punishment of criminals, to add inscrutability to the law, to do stealthy industrial policy to redistribute wealth from the productive to the lawyer, and to force people to hire a lawyer. Their reporting is full of concepts that cannot be shown to exist in nature. It is Medieval supernatural garbage.
Short of a tort action, it might be interesting to get an injunction to open comments on its horrible, criminal lover rules to the public, to crime victims, to the police that must live with its criminal lover, left wing academic, biased reporting.
Any judge quoting any report is in insurrection against the Constitution. This is a parallel law making body, telling legislatures how to write laws, and telling judges what the law is. These are internal traitors.
If they are not law makers, they are guideline makers. They have a duty to do no harm. Any litigant injured by their carelessness should sue on behalf of a class. They should also sue the individual members, and their employers, for negligent hiring, and for failure to supervise. I would bet the employers have assets close to $trillion.
Good case for the right tort lawyer.
The ALI is not a mere quasi-governmental organization. It is a supra-governmental organization. It tells legislatures and courts what to do. Most of its reporting is not reporting. It is the expression of the bias of the reporter, mostly Commie, left wing academic and judge wackos, rent seeking values, to generate massive procedures, to prevent the real punishment of criminals, to add inscrutability to the law, to do stealthy industrial policy to redistribute wealth from the productive to the lawyer, and to force people to hire a lawyer. Their reporting is full of concepts that cannot be shown to exist in nature. It is Medieval supernatural garbage.
Short of a tort action, it might be interesting to get an injunction to open comments on its horrible, criminal lover rules to the public, to crime victims, to the police that must live with its criminal lover, left wing academic, biased reporting.
Tuesday, May 12, 2009
The False Criminal Conviction of the Innocent Defendant is a Tort
The "beyond a reasonable doubt" standard means there is roughly about an 80% chance the defendant is guilty. The roughly 20% innocence rate on death row corresponds well with that level of certainty. That standard applies to other criminal trials, and to plea bargains, no?
All torts immunities should end, those of the prosecutor, and those of the vile cult criminal on the bench. That a such an appallingly high failure rate, condemning innocents to death, is statutory means;
1) the tortfeasors have scienter;
2) the tortfeasors are doing nothing about it in any systematic manner; meaning they are taking no care whatsoever;
3) the indictment, and the guilty verdict are chattels, making them defective products, and product liability applies;
4) in its successful intended use, the false conviction will harm the innocent defendant, and strict liability applies;
5) the class of similarly situated, falsely convicted defendants justify a class declaration;
6) because freedom, earning ability, property have been taken away, because all criminal sanctions are procedures on the body, the deprivation of procedural due process rights is a constitutional tort, as well as a strict product liability tort, compounding the malfeasance, imagine a unlawful kidnapping.
If these torts take out a state, that would eliminate the cult criminals from the legislature and from the executive office. If the voters want to owe $billions, let them re-elect cult criminals to these highly responsible positions.
If the lawyer believes, torts deter and result in great improvements in products and in services, the criminal justice system is overly ripe for this remedy.
All torts immunities should end, those of the prosecutor, and those of the vile cult criminal on the bench. That a such an appallingly high failure rate, condemning innocents to death, is statutory means;
1) the tortfeasors have scienter;
2) the tortfeasors are doing nothing about it in any systematic manner; meaning they are taking no care whatsoever;
3) the indictment, and the guilty verdict are chattels, making them defective products, and product liability applies;
4) in its successful intended use, the false conviction will harm the innocent defendant, and strict liability applies;
5) the class of similarly situated, falsely convicted defendants justify a class declaration;
6) because freedom, earning ability, property have been taken away, because all criminal sanctions are procedures on the body, the deprivation of procedural due process rights is a constitutional tort, as well as a strict product liability tort, compounding the malfeasance, imagine a unlawful kidnapping.
If these torts take out a state, that would eliminate the cult criminals from the legislature and from the executive office. If the voters want to owe $billions, let them re-elect cult criminals to these highly responsible positions.
If the lawyer believes, torts deter and result in great improvements in products and in services, the criminal justice system is overly ripe for this remedy.
Thursday, April 30, 2009
Excellent: Sue the Disciplinary Counsel for Whitewashing Cases
This system is unconstitutional because it violates the separation of powers. It is not humanly possible to self-regulate. I hope this brave lawyer prevails.
Tuesday, April 28, 2009
If the Rate of Innocence in Death Penalty Cases is Around 20%, What is the Innocence Rate in Plea Bargains?
This is a mass constitutional tort. It is a crime against humanity, since it likely exceeds 20%.
Tuesday, April 21, 2009
Iraq v Beaty
This is the beginning of the methodology of lawfare. Litigation replaces combat to take down an international adversary. It was done to North Korea, bringing it to the negotiating table by seizing only $25 million in assets. The North Koreans had to request that airline tickets be bought by the US for them to attend a session.
Question for the rent seeking lawyer. What will happen when a Baghdad civil court assesses damages against the US for destroying buildings, for killing relatives, and for disrupting business by its relentless bombardments?
Question for the rent seeking lawyer. What will happen when a Baghdad civil court assesses damages against the US for destroying buildings, for killing relatives, and for disrupting business by its relentless bombardments?
Sunday, April 19, 2009
Pre-Law Courses Would Help
1) Psychology for Law Students. Punishment is the sole tool of the law. It has technical aspects that judges do not know. Naturally, much of the law seeks to control psychopathology, and that would be included in the year long course.
2) Philosophy of Science for Law Students. This is a big subject. However, Evidence, the law school subject, has almost no relation to “evidence,” the requirement for scientific conclusions. Those two should merge. Included would be exposure to the concepts of reliability of measurements, which means repeatability. Repeatability is the real meaning of justice. The students would be trained in its basic math.
3) Western Civ 101 for Law Students. It would emphasize Aristotle and the High Middle Ages, especially St. Thomas of Aquinas. The aim would be to inoculate students against cult indoctrination. They would recognize the origin of the core supernatural doctrines, and start to challenge their church origins. These are unlawful in our secular nation. They would be told of the monk origins of the IRAC. They would start to protest these in class.
4) Ethics for Law Students. Aside from the standard philosophy course, students would be introduced to the concept of lawmaking as human experimentation on a mass scale, and the care that requires. This is to medicalize the law profession. OK. Propose the ADA. Test in small jurisdictions. Measure the outcomes, including the unintended consequences, such as a bunch of businesses are gone, and employment for the disabled has disappeared. Reach a minimum of safety and effectiveness. Then propose the legislation.
This human rights approach to law making ends judicial review, since the court has no resources for such clinical trials. Judicial review is unlawful, anyway, and insurrection against the Constitution. When lawyers make mistakes, they can be whoppers by their power. The Civil War after Dred Scott.
Prof. Randazza adds:
5) Writing. The writing should be clear to the ordinary person. I would add any lawyer utterance above the sixth grade level fails to give notice. In the case of the criminal law, writing that is hard to follow violates the principle of legality.
2) Philosophy of Science for Law Students. This is a big subject. However, Evidence, the law school subject, has almost no relation to “evidence,” the requirement for scientific conclusions. Those two should merge. Included would be exposure to the concepts of reliability of measurements, which means repeatability. Repeatability is the real meaning of justice. The students would be trained in its basic math.
3) Western Civ 101 for Law Students. It would emphasize Aristotle and the High Middle Ages, especially St. Thomas of Aquinas. The aim would be to inoculate students against cult indoctrination. They would recognize the origin of the core supernatural doctrines, and start to challenge their church origins. These are unlawful in our secular nation. They would be told of the monk origins of the IRAC. They would start to protest these in class.
4) Ethics for Law Students. Aside from the standard philosophy course, students would be introduced to the concept of lawmaking as human experimentation on a mass scale, and the care that requires. This is to medicalize the law profession. OK. Propose the ADA. Test in small jurisdictions. Measure the outcomes, including the unintended consequences, such as a bunch of businesses are gone, and employment for the disabled has disappeared. Reach a minimum of safety and effectiveness. Then propose the legislation.
This human rights approach to law making ends judicial review, since the court has no resources for such clinical trials. Judicial review is unlawful, anyway, and insurrection against the Constitution. When lawyers make mistakes, they can be whoppers by their power. The Civil War after Dred Scott.
Prof. Randazza adds:
5) Writing. The writing should be clear to the ordinary person. I would add any lawyer utterance above the sixth grade level fails to give notice. In the case of the criminal law, writing that is hard to follow violates the principle of legality.
Thursday, April 9, 2009
The Reasonable Person
Prof. Solum: You are a victim and a perpetrator of law school cult indoctrination. It made you forget 10th Grade World History and Western Civ 101.
Most of our core legal doctrines come unchanged from Henry of Bratton's Case book. He was a student of St. Thomas.
They believed that intellect was unreliable source of justice, morality. It was misled by the Fall from Eden and the Seven Deadly Sins.
The more reliable guide to moral decisions is Reason. The most reliable guide to Reason is the New Testament according to St. Thomas. If this is true, the Reasonable Person may really be 13th Century judge code for Jesus Christ. You learned this stuff when you studied the High Middle Ages. Law school indoctrination made you forget high school and freshman year of college. The reason this indoctrination took place is that supernatural doctrines violate the Establishment Clause.
The reasonable person has to be a fictional character in order to be objective. The use of a fictional character violates Due Process and Equal Protection because it is made up on the spot during the trial, and is subjective to the judge and jury. Idiosyncrasy is unfair, and violates Procedural Due Process.
In Henry's 13th Century, the idea of Reason was a good technical advance in the law. It was cutting edge modern application of Aristotle and St. Thomas Today, nothing from the 1200's is acceptable for practice in the real world. Today, that word is oppressive, unlawful, and unconstitutional.
Most of our core legal doctrines come unchanged from Henry of Bratton's Case book. He was a student of St. Thomas.
They believed that intellect was unreliable source of justice, morality. It was misled by the Fall from Eden and the Seven Deadly Sins.
The more reliable guide to moral decisions is Reason. The most reliable guide to Reason is the New Testament according to St. Thomas. If this is true, the Reasonable Person may really be 13th Century judge code for Jesus Christ. You learned this stuff when you studied the High Middle Ages. Law school indoctrination made you forget high school and freshman year of college. The reason this indoctrination took place is that supernatural doctrines violate the Establishment Clause.
The reasonable person has to be a fictional character in order to be objective. The use of a fictional character violates Due Process and Equal Protection because it is made up on the spot during the trial, and is subjective to the judge and jury. Idiosyncrasy is unfair, and violates Procedural Due Process.
In Henry's 13th Century, the idea of Reason was a good technical advance in the law. It was cutting edge modern application of Aristotle and St. Thomas Today, nothing from the 1200's is acceptable for practice in the real world. Today, that word is oppressive, unlawful, and unconstitutional.
Saturday, April 4, 2009
Guideline Makers Have a Duty to Do No Harm
See the reasoning in Meneely v. S.R. Smith, Inc., 101 Wn. App. 845, 5 P.3d 49 (2000).
Below are a list of summaries of a conference on the Restatement Third of Torts. This is a form of private lawmaking. If a defendant is harmed by one of these guidelines, they should discuss filing cross claims against the American Law Institute, its officers, its members, and their employers. It should also be researched if republishers of these harmful guidelines may also get named. Professor Sheila B. Scheuerman, Associate Professor of Law, Charleston School of Law reprints and links to them without criticism. Perhaps, she endorses these views. The TortsProf Blog is a partisan, biased, pro-lawyer rent seeking blog.
Land Possessor Liability.
Intentional and Strict Liability.
Risk Creation and Foreseeability.
Duty.
As to physician duties to third parties. I want to organize a conference where doctors discuss changing the parameters of attorney-client privilege. There are lots of health implications to attorney-client privilege. Lawyers hang out with criminals. They learn of past crimes, facts of ongoing investigations, and of intended future crimes. Attorney-client privilege covers up the truth and is detrimental to the public health. Any of you arrogant dirtbags have a problem ending attorney-client privilege for any public health advantage?
In the case of violent, irresponsible drug addicts, it is a federal crime to reveal a fact without getting a court order. No mention of federal law by the rent seeking dirtbags. One guess. Which privilege has been considered to be more absolute? Client-lawyer or patient-doctor, and by the Supreme Court, and repeatedly having the privilege prevail over even statute, in accordance with the Ninth Amendment?
Negligent Infliction of Emotional Distress.
Negligence.
Causation.
The ultimate causation is the Big Bang. After that, there is chaos and random chance. There are no causes anymore.
In the past 50 years, accidents have come to be seen as the result of a convergence of factors into one place, time and set of people, around 12 for many catastrophic ones. If one of these is prevented, the entire accident may not happen. So subtract any of these factors, and there may be no car crash, rain, bad wipers, sleepy driver, corner cutting in road construction due to politician and inspector bribery 50 years ago, curve too sharp by modern standards, on a road built in the 1920's with county lack of funds to rebuild due to poor tax base, due to closing of plant after lawyers in a Southern state with an all minority jury sued the owners for causing an injury to a drunken ladder climber, hungry deer, brakes due for service, poor education and low wage of defendant, so car is old and does not have 12 air bags. Subtract one and there is no accident at that time to that plaintiff.
The main cause of the plunder of the productive party with deep pockets is the forbearance of the criminal cult enterprise hierarchy, represented by the ALI. The main cause of this forbearance is the enrichment of the members of this criminal cult enterprise. It has nothing to do with Causation. As the above professor said, there is no such fact as a cause. It is a made up pretext for the purpose of lawyer rent seeking.
Below are a list of summaries of a conference on the Restatement Third of Torts. This is a form of private lawmaking. If a defendant is harmed by one of these guidelines, they should discuss filing cross claims against the American Law Institute, its officers, its members, and their employers. It should also be researched if republishers of these harmful guidelines may also get named. Professor Sheila B. Scheuerman, Associate Professor of Law, Charleston School of Law reprints and links to them without criticism. Perhaps, she endorses these views. The TortsProf Blog is a partisan, biased, pro-lawyer rent seeking blog.
Land Possessor Liability.
Intentional and Strict Liability.
Risk Creation and Foreseeability.
Duty.
As to physician duties to third parties. I want to organize a conference where doctors discuss changing the parameters of attorney-client privilege. There are lots of health implications to attorney-client privilege. Lawyers hang out with criminals. They learn of past crimes, facts of ongoing investigations, and of intended future crimes. Attorney-client privilege covers up the truth and is detrimental to the public health. Any of you arrogant dirtbags have a problem ending attorney-client privilege for any public health advantage?
In the case of violent, irresponsible drug addicts, it is a federal crime to reveal a fact without getting a court order. No mention of federal law by the rent seeking dirtbags. One guess. Which privilege has been considered to be more absolute? Client-lawyer or patient-doctor, and by the Supreme Court, and repeatedly having the privilege prevail over even statute, in accordance with the Ninth Amendment?
Negligent Infliction of Emotional Distress.
Negligence.
Causation.
The ultimate causation is the Big Bang. After that, there is chaos and random chance. There are no causes anymore.
In the past 50 years, accidents have come to be seen as the result of a convergence of factors into one place, time and set of people, around 12 for many catastrophic ones. If one of these is prevented, the entire accident may not happen. So subtract any of these factors, and there may be no car crash, rain, bad wipers, sleepy driver, corner cutting in road construction due to politician and inspector bribery 50 years ago, curve too sharp by modern standards, on a road built in the 1920's with county lack of funds to rebuild due to poor tax base, due to closing of plant after lawyers in a Southern state with an all minority jury sued the owners for causing an injury to a drunken ladder climber, hungry deer, brakes due for service, poor education and low wage of defendant, so car is old and does not have 12 air bags. Subtract one and there is no accident at that time to that plaintiff.
The main cause of the plunder of the productive party with deep pockets is the forbearance of the criminal cult enterprise hierarchy, represented by the ALI. The main cause of this forbearance is the enrichment of the members of this criminal cult enterprise. It has nothing to do with Causation. As the above professor said, there is no such fact as a cause. It is a made up pretext for the purpose of lawyer rent seeking.
Tuesday, March 31, 2009
Legalize Adult Pleasures, But License the Buyer
President Obama will be the first stoner President. This election saw little criticism of that past drug use, not even by his Republican opponent, a fan of a few adult pleasures himself. Indeed, Obama seems so mellow, he should release the result of his urine screening for illegal drugs. The nation has or is ready to legalize just about all adult pleasures. The problem? We cannot have a duplication of the consequences of smoking and alcohol abuse. How can we make adult pleasure policy logical, coherent, yet prevent a health catastrophe?
As a rule, 90% of people can enjoy most adult pleasures without destructive consequences. Of those who have smoked two packs of cigarettes a day for 50 years, only 1 in 7 will get lung cancer. Experience in other countries implies, availability by legalization will increase not just use, but also addiction, and the health and social consequences, but among the 10% who cannot control the use. In our country, we have seen that opening a casino increases gambling addiction four fold within 50 miles, worse in adolescents. Making adult pleasures illegal has caused great damage to our economy by exporting money to our enemies, by not generating jobs, by not collecting taxes, by costly massive imprisonment, by diverting police from violent offenders, by dropping the value of close in, downtown property for herding crime into usually minority areas, by making large numbers of people lawbreakers, by the hypocrisy of legal alcohol and tobacco, killing 500,000 people a year, and by causing allies to almost become failed states by the enrichment of drug cartels. About half the people in the drug trade die by murder. There is little left to deter them.
How can the majority of users causing no problem be left alone to enjoy their pleasures in moderation, while restricting those prone to addiction, causing problems? Try licensing the buyer.
Licensing the buyer would increase freedom, yet, restrict people not controlling themselves. It would end the hypocrisy of the legality of alcohol and tobacco that kill 100's of 1000's of people a year. There would be no more costly and ineffective Wars on Whatever. Prisons would empty, making room for vicious predators, now attacking people with near immunity. It would grow the economy by an amount now going to terrorists and organized crime gangs, perhaps a $trillion. It would increase tax revenues and may end budget deficits.
At eighteen, one gets an adult pleasure license. Those who already went to rehab at age fourteen would not, nor would those with proven behavioral or mental problems. Everyone asking to buy a drink would have the license verified, like a credit card. The police report a drunk driving offense. The license gets a point. The girlfriend officially reports, she got roughed up when the person was drinking. Another point. An emergency room doctor reports the person fell down the steps, broke an arm, and is legally drunk. The third and final point is registered. The license gets pulled.
Anyone serving alcohol to this unlicensed person is held totally responsible for any future consequence in criminal law and in torts. So, he beats up the girlfriend while drunk again. The buyer goes to jail, and the liquor store clerk does, for the same sentence. The person kills a pedestrian driving drunk. Because serving an unlicensed person is a felony, the death of the pedestrian is a felony murder. The liquor store clerk could get the death penalty. The owner of the liquor store could be held responsible in a lawsuit.
This change should have the support of the majority, and should not get rammed through, as Prohibition was. The change should be tried in small venues, to test for unintended consequences. Then a Constitutional Amendment should enact the change.
What about abuses of the license by government? The Amendment should limit the price of the license to the actual cost to government, such as $1 to verify each purchase. Those who do not indulge in adult pleasures pay nothing for the license.
All records of adult pleasure purchases should be destroyed after 3 months. Only investigators of crimes should have access to them prior to their Amendment mandated destruction, with a court order, after showing probable cause for the search.
Legalization is here, in the case of gambling, cigarettes, alcohol. Prostitution and marijuana smoking are rarely prosecuted. This proposal advocates tighter controls by licensing, to hold back the damage tsunami.
As a rule, 90% of people can enjoy most adult pleasures without destructive consequences. Of those who have smoked two packs of cigarettes a day for 50 years, only 1 in 7 will get lung cancer. Experience in other countries implies, availability by legalization will increase not just use, but also addiction, and the health and social consequences, but among the 10% who cannot control the use. In our country, we have seen that opening a casino increases gambling addiction four fold within 50 miles, worse in adolescents. Making adult pleasures illegal has caused great damage to our economy by exporting money to our enemies, by not generating jobs, by not collecting taxes, by costly massive imprisonment, by diverting police from violent offenders, by dropping the value of close in, downtown property for herding crime into usually minority areas, by making large numbers of people lawbreakers, by the hypocrisy of legal alcohol and tobacco, killing 500,000 people a year, and by causing allies to almost become failed states by the enrichment of drug cartels. About half the people in the drug trade die by murder. There is little left to deter them.
How can the majority of users causing no problem be left alone to enjoy their pleasures in moderation, while restricting those prone to addiction, causing problems? Try licensing the buyer.
Licensing the buyer would increase freedom, yet, restrict people not controlling themselves. It would end the hypocrisy of the legality of alcohol and tobacco that kill 100's of 1000's of people a year. There would be no more costly and ineffective Wars on Whatever. Prisons would empty, making room for vicious predators, now attacking people with near immunity. It would grow the economy by an amount now going to terrorists and organized crime gangs, perhaps a $trillion. It would increase tax revenues and may end budget deficits.
At eighteen, one gets an adult pleasure license. Those who already went to rehab at age fourteen would not, nor would those with proven behavioral or mental problems. Everyone asking to buy a drink would have the license verified, like a credit card. The police report a drunk driving offense. The license gets a point. The girlfriend officially reports, she got roughed up when the person was drinking. Another point. An emergency room doctor reports the person fell down the steps, broke an arm, and is legally drunk. The third and final point is registered. The license gets pulled.
Anyone serving alcohol to this unlicensed person is held totally responsible for any future consequence in criminal law and in torts. So, he beats up the girlfriend while drunk again. The buyer goes to jail, and the liquor store clerk does, for the same sentence. The person kills a pedestrian driving drunk. Because serving an unlicensed person is a felony, the death of the pedestrian is a felony murder. The liquor store clerk could get the death penalty. The owner of the liquor store could be held responsible in a lawsuit.
This change should have the support of the majority, and should not get rammed through, as Prohibition was. The change should be tried in small venues, to test for unintended consequences. Then a Constitutional Amendment should enact the change.
What about abuses of the license by government? The Amendment should limit the price of the license to the actual cost to government, such as $1 to verify each purchase. Those who do not indulge in adult pleasures pay nothing for the license.
All records of adult pleasure purchases should be destroyed after 3 months. Only investigators of crimes should have access to them prior to their Amendment mandated destruction, with a court order, after showing probable cause for the search.
Legalization is here, in the case of gambling, cigarettes, alcohol. Prostitution and marijuana smoking are rarely prosecuted. This proposal advocates tighter controls by licensing, to hold back the damage tsunami.
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