Nice. I wonder if any lawsuit will follow.
Showing posts with label Remedies. Show all posts
Showing posts with label Remedies. Show all posts
Wednesday, April 9, 2008
Sunday, December 9, 2007
Licensing Adult Pleasures, Not Prohibition, To Prevent Harm, Alternative to War on Whatever
The majority of smokers do not get lung cancer. Smoke two packs a day for fifty years. Only one in seven such people get lung cancer. Why should the other six pay the price of prohibition?
The Constitution requires the showing of harm in a compelling state interest before abridging a freedom.
A licensing approach can stop harm without depriving others of adult pleasures.
Upon reaching adulthood, people could apply for separate licenses to drink alcohol, smoke, perhaps eat rich foods. People who committed crimes as juveniles should prove they have reformed. The clear and convincing standard of proof applies to licenses.
One commenter proposed insurance coverage for the harm from the adult pleasure.
Another objected to 1) loss of freedom; 2) the temptation of lawyers to increase fees, and to make the license a source of revenue.
The federal statute or constitutional amendment should prohibit any collateral purposes. It should restrict all licensing fees to the exact cost of processing, and prohibit any additional fee.
The licensing of the individual grants full freedom of enjoyment of the adult pleasure, until harm has started. The costs of all harms most often falls on the taxpayer.
Update: Not so far fetched. Here.
The Constitution requires the showing of harm in a compelling state interest before abridging a freedom.
A licensing approach can stop harm without depriving others of adult pleasures.
Upon reaching adulthood, people could apply for separate licenses to drink alcohol, smoke, perhaps eat rich foods. People who committed crimes as juveniles should prove they have reformed. The clear and convincing standard of proof applies to licenses.
One commenter proposed insurance coverage for the harm from the adult pleasure.
Another objected to 1) loss of freedom; 2) the temptation of lawyers to increase fees, and to make the license a source of revenue.
The federal statute or constitutional amendment should prohibit any collateral purposes. It should restrict all licensing fees to the exact cost of processing, and prohibit any additional fee.
The licensing of the individual grants full freedom of enjoyment of the adult pleasure, until harm has started. The costs of all harms most often falls on the taxpayer.
Update: Not so far fetched. Here.
Sunday, December 2, 2007
License the User of Adult Substances and Pleasures
In this NYT Ethicist, the liquor store management asks, what to do if a relative begs him to not sell to an alcoholic. The Ethicist has no credibility. He takes an appalling, ridiculous legalistic approach, given the damages of alcoholism. However, he inspired a new idea.
Prohibition was a great period in American life. Crime decreased, in contrast to Hollywood propaganda. The markers of alcoholism decreased, such as deaths from liver failure. Consumption only decreased by 50%. It had no popular support and failed. Draconian measures would be required to enforce it in the future. Laws should have popular support.
What about a licensing approach? Adults would receive a drinking license. Servers would have to verify licensure. The alcoholic adults would lose their licenses. Anyone supplying an unlicensed adult should go to jail for a short period. If harm, even to the alcoholic himself, the supplier is liable in torts. Paid supplying is an intentional tort with scienter, subject to exemplary damages. Unpaid supplying to negligence liability, after the jail term is served. If the supplier has no assets, the criminal conviction permits hard labor in restitution for the full value of the damage.
No data supports nor rebutts this approach. However, it leaves alone the 95% of people who drink without problems. It deters and seeks compensation from the enablers of the problem drinker. It seeks to reduce availability, but only to the problem drinker. As the drinker causes problems, reports from sources add points to the license, until withdrawn.
The Federal government may not mandate states pass any law. They may condition federal health payments for passage of such licensing. The Federal government certainly has a compelling government interest in reducing the impact of alcohol on health costs.
The licensing of the user approach, points, and mandatory insurance applies to all adult substances and pleasures.
Prohibition was a great period in American life. Crime decreased, in contrast to Hollywood propaganda. The markers of alcoholism decreased, such as deaths from liver failure. Consumption only decreased by 50%. It had no popular support and failed. Draconian measures would be required to enforce it in the future. Laws should have popular support.
What about a licensing approach? Adults would receive a drinking license. Servers would have to verify licensure. The alcoholic adults would lose their licenses. Anyone supplying an unlicensed adult should go to jail for a short period. If harm, even to the alcoholic himself, the supplier is liable in torts. Paid supplying is an intentional tort with scienter, subject to exemplary damages. Unpaid supplying to negligence liability, after the jail term is served. If the supplier has no assets, the criminal conviction permits hard labor in restitution for the full value of the damage.
No data supports nor rebutts this approach. However, it leaves alone the 95% of people who drink without problems. It deters and seeks compensation from the enablers of the problem drinker. It seeks to reduce availability, but only to the problem drinker. As the drinker causes problems, reports from sources add points to the license, until withdrawn.
The Federal government may not mandate states pass any law. They may condition federal health payments for passage of such licensing. The Federal government certainly has a compelling government interest in reducing the impact of alcohol on health costs.
The licensing of the user approach, points, and mandatory insurance applies to all adult substances and pleasures.
Wednesday, November 28, 2007
How Can Victims of Lawyer Oppression Respond?
Lawyer bullying of doctors, and extortion, described here.
The boycott by all service and product providers of all lawyers is a good beginning to self-help in deterring the criminal cult enterprise that is the lawyer profession.
The boycott by all service and product providers of all lawyers is a good beginning to self-help in deterring the criminal cult enterprise that is the lawyer profession.
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