SAFETY ON THE FLY – THE LESSONS OF ACCIDENTS
4 years ago
Friday, March 28, 2008
Korean University Sues Yale
Here. I have always wondered about the $trillions in the endowments of top tier schools. These are Hate America indoctrination camps. Their law schools cause massive damage to our nation. The sedition peddled gets taxpayer subsidy. Why are they not targeted by the lawyer in massive class action claims? At the very least, they should all lose their tax exemptions.
Sunday, March 23, 2008
A Brief Reply to the Question, What is Wrong with Torts Law?
From here.
1) It has a supernatural power as its core doctrine. The foreseeability of rare accidents element violates the Establishment Clause.
2) It relies on the gut feelings of twelve strangers off the street as a lie detector. OK. What about the wisdom of the crowd effect? No. The lawyer excludes that potential advantage by the automatic disqualification of anyone with knowledge. In 1250 AD, the jurors had walked the boundaries of the disputed land at the time of transfer of title. They knew the litigants for years.
3) Most cases are weak. These are economic growth wreckers. They deter business startups. They deter IPO's. They consume massive blocks of time of business leaders.
4) All the goals of torts are in failure. All safety enhancements stem from technology progress. No correlation between litigiousness and safety has been shown.
5) Whatever the masking ideology, they are punishment, revenge, and expressions of animus. As such, discovery in torts violates the Self-Incrimination Clause of the Fifth Amendment. The lawyers on the bench allow it so their profession may plunder all productive sectors. If making people whole were the purpose, Medicaid for the injured would suffice.
6) Whatever the advantages of torts, the lawyer profession has selflessly forsworn them. They are the sole group that have maintained a privity obstacle to a legal malpractice claim by the adverse third party. If the filing of a weak is legal malpractice, they are not getting the profession improving benefit of torts. This immunity privilege is unique and self-dealt.
7) Beyond legal malpractice, the tort lawsuit itself is a product, dangerous, and harmful in its ordinary intended use. It merits becoming a target of product liability, and fulfills all common law requirement for strict liability.
8) The process is corrupt. Paid off experts cancel each other out. The jury is left with likability of the parties as a basis of judgment. So, the trial is a Broadway production and a contest of fairy tales.
9) Judges and lawyers have dealt themselves absolute immunity for their ubiquitous incompetence. Self-help has full moral and intellectual justification. Only force and Army Airborne validates the torts judicial system.
10) The lawyer has implanted bunches of take backsies into the self-written, self-dealing rules, for any embarrassing error. Res judicata freezes all injustices and false results. So smokers save state Medicaids money, by their early and quick deaths. The entirety of the tobacco settlement should be returned to the tobacco companies, with interest. This return should, by statute, be passed on to the buyers in the form of lower tobacco prices. Silicone implants caused no harm. The fired workers from the bankrupted chemical company should get compensation from the outrageously incompetent court and its owner. If a financial relationship can be shown between the judge and the legal profession, jail all around. Res judicata should end by a Constitutional Amendment, as should all self-dealt immunities of the little caesars on the bench.
11) No one who has passed 1L should sit on a bench, in any legislative seat, or policy position in the Executive. Pass a law, as the felon is excluded now. After 1L, the indoctrination cannot be taken back. The person is lost. No judgment. Belief in supernatural doctrines. Self-deluded policy benefits of the torts system, really in utter failure. Accepts all self-dealt advantages of the lawyer profession. Blocks out the failure of government, totally under the charge of the lawyer. Deniers the devastation done by the lawyer, especially to minority populations. Accepts the discipline of a tyrannical but idiotic hierarchy.
1) It has a supernatural power as its core doctrine. The foreseeability of rare accidents element violates the Establishment Clause.
2) It relies on the gut feelings of twelve strangers off the street as a lie detector. OK. What about the wisdom of the crowd effect? No. The lawyer excludes that potential advantage by the automatic disqualification of anyone with knowledge. In 1250 AD, the jurors had walked the boundaries of the disputed land at the time of transfer of title. They knew the litigants for years.
3) Most cases are weak. These are economic growth wreckers. They deter business startups. They deter IPO's. They consume massive blocks of time of business leaders.
4) All the goals of torts are in failure. All safety enhancements stem from technology progress. No correlation between litigiousness and safety has been shown.
5) Whatever the masking ideology, they are punishment, revenge, and expressions of animus. As such, discovery in torts violates the Self-Incrimination Clause of the Fifth Amendment. The lawyers on the bench allow it so their profession may plunder all productive sectors. If making people whole were the purpose, Medicaid for the injured would suffice.
6) Whatever the advantages of torts, the lawyer profession has selflessly forsworn them. They are the sole group that have maintained a privity obstacle to a legal malpractice claim by the adverse third party. If the filing of a weak is legal malpractice, they are not getting the profession improving benefit of torts. This immunity privilege is unique and self-dealt.
7) Beyond legal malpractice, the tort lawsuit itself is a product, dangerous, and harmful in its ordinary intended use. It merits becoming a target of product liability, and fulfills all common law requirement for strict liability.
8) The process is corrupt. Paid off experts cancel each other out. The jury is left with likability of the parties as a basis of judgment. So, the trial is a Broadway production and a contest of fairy tales.
9) Judges and lawyers have dealt themselves absolute immunity for their ubiquitous incompetence. Self-help has full moral and intellectual justification. Only force and Army Airborne validates the torts judicial system.
10) The lawyer has implanted bunches of take backsies into the self-written, self-dealing rules, for any embarrassing error. Res judicata freezes all injustices and false results. So smokers save state Medicaids money, by their early and quick deaths. The entirety of the tobacco settlement should be returned to the tobacco companies, with interest. This return should, by statute, be passed on to the buyers in the form of lower tobacco prices. Silicone implants caused no harm. The fired workers from the bankrupted chemical company should get compensation from the outrageously incompetent court and its owner. If a financial relationship can be shown between the judge and the legal profession, jail all around. Res judicata should end by a Constitutional Amendment, as should all self-dealt immunities of the little caesars on the bench.
11) No one who has passed 1L should sit on a bench, in any legislative seat, or policy position in the Executive. Pass a law, as the felon is excluded now. After 1L, the indoctrination cannot be taken back. The person is lost. No judgment. Belief in supernatural doctrines. Self-deluded policy benefits of the torts system, really in utter failure. Accepts all self-dealt advantages of the lawyer profession. Blocks out the failure of government, totally under the charge of the lawyer. Deniers the devastation done by the lawyer, especially to minority populations. Accepts the discipline of a tyrannical but idiotic hierarchy.
Saturday, March 8, 2008
Promotion of Off-Label Drugs
Here. It makes these points. Over half the scripts in the US are off label. The disparity between use and validated studies is greatest in psychiatry and in allergies.
JAMA is a biased, left wing, clinician bashing organ of the idiotic AMA. Here is what these left ideologues do not say.
1) The most scientific validation of medication prescribing is the good response of the individual patient. Shows placebo in a study helps half of patients and harms none. Show drug helps 1% of patients and harms 99%. The clinician's patient responds, and worsens after every attempt to stop the medication. The proven response rate is 100% in the on-off single case experiment.
2) Parametric studies validly apply to the greater population, if the random selection assumption has been faithfully maintained. It does not apply to clinical decision making, which has a binomial and Bayesian distribution.
3) Verispan and other prescribing tracking services define the standard of care the most reliably, far more validly than any artificially conducted study.
Both the FDA and the clinician bashing AMA should be enjoined to obey Supreme Court holdings in a half dozen decisions mandating deference to clinical decision making.
JAMA is a biased, left wing, clinician bashing organ of the idiotic AMA. Here is what these left ideologues do not say.
1) The most scientific validation of medication prescribing is the good response of the individual patient. Shows placebo in a study helps half of patients and harms none. Show drug helps 1% of patients and harms 99%. The clinician's patient responds, and worsens after every attempt to stop the medication. The proven response rate is 100% in the on-off single case experiment.
2) Parametric studies validly apply to the greater population, if the random selection assumption has been faithfully maintained. It does not apply to clinical decision making, which has a binomial and Bayesian distribution.
3) Verispan and other prescribing tracking services define the standard of care the most reliably, far more validly than any artificially conducted study.
Both the FDA and the clinician bashing AMA should be enjoined to obey Supreme Court holdings in a half dozen decisions mandating deference to clinical decision making.
Friday, March 7, 2008
Sunday, March 2, 2008
Should a Remedy Have Mutuality?
They want to post medmal claims. The overwhelming majority of these lawsuits are weak and frivolous. So the complaints are lies, for the most part.
Here .
http://www.canada.com/ottawacitizen/news/story.html?id=446a7711-f015-422d-8fbc-2e38ac075667&k=68504
There should be a public database of horrible patients, of horrible lawyers, and horrible judges. These should then be boycotted, as this database idea implies.
Here .
http://www.canada.com/ottawacitizen/news/story.html?id=446a7711-f015-422d-8fbc-2e38ac075667&k=68504
There should be a public database of horrible patients, of horrible lawyers, and horrible judges. These should then be boycotted, as this database idea implies.
Saturday, March 1, 2008
Change the Number of All Appellate Court Seats to Even Numbers
1) An even number prevents decisions with a margin of one. Such close votes bring opprobrium on the court. Everyone feels robbed by a close call. It implies the question remains unsettled.
2) If the vote is tied, the lower court decision stands. The lower court most often obeys a prior decision of the higher court.
3) The number of people on appellate courts should markedly increase to legislature size. If these out of control judges will legislate from the bench, the larger number will bring the wisdom of the crowd, more diverse expertise, and greater legitimacy.
4) Exclude lawyers from all appellate benches. These are internal traitors to our nation. They serve only the interest of the criminal cult enterprise that is their profession.
2) If the vote is tied, the lower court decision stands. The lower court most often obeys a prior decision of the higher court.
3) The number of people on appellate courts should markedly increase to legislature size. If these out of control judges will legislate from the bench, the larger number will bring the wisdom of the crowd, more diverse expertise, and greater legitimacy.
4) Exclude lawyers from all appellate benches. These are internal traitors to our nation. They serve only the interest of the criminal cult enterprise that is their profession.
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