Monday, November 19, 2018

Lawfare in Japan

Lawyer gotcha on paperwork bullshit charges. Maybe, Japanese prosecutors are also feminists. Political correctness is worse in Japan than in the US.

http://www.msn.com/en-us/money/companies/nissan-chair-ghosn-dismissed-held-on-misconduct-charges/ar-BBPRPJc?ocid=ientp

Saturday, November 17, 2018

Machines Should Not Emulate Living Functions

Cars do not move on legs. Airplanes do not flap wings. It is for that reason they are 100 times or even a thousand times better than living beings.

This robot imitates a person. It even looks like a person with legs, arms, and hands. Go back to the drawing board. It should be a cheaper robot specific to installation of gypsum boards. It should carry 10 of them up front. Move them into place, and punch nails into the studs. The framing studs should be standardized to accommodate it. Things that do a lot of tasks do none well. For example an amphibious car does neither task well.

Better yet, such work should be done at a specialized factory. I once watched a condo being built. They would slide an entire long narrow floor into place on sleds. Each floor took a couple of days to install.

https://phys.org/news/2018-11-humanoid-robot-prototype-hrp-5p-capable.html

Negligent Resuscitation Resulting in Pain and in Cost

https://www.abqjournal.com/1247179/woman-sues-hospital-for-resuscitating-her-ex-patient-alleges-her-dnr-directive-was-ignored-after-drug-allergy-caused-her-to-have-a-cardiac-arrest-2.html

Saturday, November 3, 2018

Lawyer Profession Falsehoods

Letter to Defense Lawyer in Suicide Malpractice

Please, transmit this message to Mr. James Kjar.

I am a psychiatrist in Pennsylvania. I am interested in your case. I cannot serve as an expert witness. However, I can help you be more effective in  using your defense expert witness. 

1)  As a matter of policy, these lawsuits deter doctors from helping the most needy and dangerous patients;

2)  they  violate Frye;

3)  Lorazepam is often used to calm intensely suicidal patients;  people who get agitated do so on first use (like we have five drinks, most of us want to sleep, a few of us want to fight);

4) unforeseen intervening causes should be put in evidence, this element of torts is often neglected by the defense;

5) for a thousand years, the intentional act of the suicide victim broke any chain of causation between negligence and the death. Hanging is not a medical procedure. The current legal view, of suing doctors for the intentional act of another, is quite wrong headed and not scientific:

6) most suicides are not caused by medications, but by relationship problems. Families cannot face that, and try to scapegoat the doctor;

7) if the victim had broken a law, a tort settlement should not reward law breaking;

8) demand 5 records of patients of the expert similar to the victim. If he does not have 5, he is not an expert. If he does, and any benzodiazepine was used, he should be disqualified, as a liar in his expert report. If he is anti-medication partisan, he should be disqualified as not representing the mainstream of care today. Hold the plaintiff expert witness accountable for any false testimony, including any statements about their resume. An example of false testimony is that a record was reviewed, when it was not.  If a false statement is found, move to dismiss the case, and to charge all legal costs to the personal assets of the expert. To deter. 

There would be no charge to you, if you want any brief record reviewed, including toxicology or expert reports. 

David Behar, MD

Tuesday, October 30, 2018

I Suggested Doing This at the Outset, Sexual Misconduct Charges against Mueller

Lawfare justifies the use of lawfare. If Clinton were President, would there be a Mueller investigation? If the answer is, no, there should be one now.

https://www.msn.com/en-us/news/us/special-counsel-refers-scheme-targeting-mueller-to-fbi/ar-BBP7upf?ocid=spartanntp

I Now Oppose the Death Penalty. I Support the Italian Death Penalty.

Here is proper, swift and cheap justice. It is an example of the Italian death penalty, in this case carried out by  Italians.

Instead of $million spent on appellate lawyers, their legal scams, and years taken to execute someone in the US, this is better. A guard waves a carton of cigarettes. The disruptive and violent inmate is stabbed 50 times. The investigation of the incident results in a conclusion,  suicide.

https://www.dailymail.co.uk/news/article-6334189/Boston-gangster-Whitey-Bulger-killed-bars.html

Sunday, October 28, 2018

Addiction before Puberty

There used to be a rule with no exception in psychiatry. No addiction before puberty. Offer whiskey or cigarettes to children, they do not like them.

A Washington Post story about an 8 year old heroin addicton won a Pulitzer Prize. It was false, and the newspaper returned theprize, and fired the reporter.

All that is out the window with video addiction. I used to say, "Try taking a tablet away from a 4 year old, you will see addiction." Then this video came along:

https://www.youtube.com/watch?v=f_MNMKyI3j8

Saturday, October 27, 2018

To Get the Legislative Intent


If a law has recently been enacted, most of its drafters and supporters should still be alive. If term is ambiguous, has anyone ever interviewed the living enacters as to the real intent of legislature, as opposed to divination and mind reading?

If this has never been done, is there any procedural or constitutional obstacle to such a tactic? Naturally, both sides should be allowed to do an interview and to present their results, before a tribunal.

The Trial Itself Violates the Daubert Standard


The trial itself has no scientific validation. It comes from the Scholasticist method of disputation, as a method of arriving at the answer of a difficult question. The rules of evidence violate multiple tenets of formal logic, critical thinking theory, and most do not meet Daubert standards. Then you have a jury. In 1275 AD it was a good advance. The jurors had knowledge. They brought the wisdom of the crowd. Those benefits have been removed. You now have twelve strangers who will be using their gut feelings to detect the truth, when lie detectors are prohibited. They will detect likability, if lucky, and no more. The lawyer is excluding people with knowledge, and even people married to people with knowledge.

Next, the lawyer hobbles the most experienced person in court, the judge. This is the oldest lawyer, who may have done the jobs of the lawyers, and has the biggest experience. If he so much as drives by the crime scene, you will crush the judge. Why? The trial is a fictional play. Any attempt to introduce real facts cannot be tolerated.

The criminal law, is in utter failure. It has a high false negative rate (1 in 10 major crimes is prosecuted). It has a high false positive rate (there is 1 exoneration for every 5 executions). It uses methods from the 13th Century, when anyone else trying to would be arrested as a threat to public safety.

Here is one potential remedy. I propose to exclude all lawyers from all benches, legislative seats and responsible policy positions in the executive. Waiting for that to come about, an intermediate remedy would be to end all self-dealt immunities. Prosecutors and judges should be held to professional standards of due care. They qualify for strict liability because their sole product is punishment. However, that would be too draconian and would ruin them.

There is no justification for prosecutorial or judge immunity from either defendant nor from future crime victims. I find it funny when ALI types dispute this idea as a potential cause of litigation explosion.

MERSA - Al Qaeda Weapon of Mass Destruction


Given today's pat down procedures, Al Qaeda can recruit people with MERSA, or infect a suicide bomber with MERSA. Then, just have them travel continually. The TSA gloved inspectors would spread MERSA to dozens of people each time. Then Al Qaeda would laugh and send a thank you note to the TSA.

Proportioality in the Arithmetic of Sentencing for Fraud and Other Financial Crimes


I have argued that someone who steals $6 million is destroying a constructive economic life, or whatever the consensus value of life is being used. Therefore, the defendant should be executed, summarily, since there is no controversy about the amount.

What about stealing $850,000? That is about an eighth of a human life. If the life expectancy is around 80 years these days, the defendant should serve an eighth of a human life or 10 years. During that time, he should be as productive as possible at whatever occupation, make as much money as he can. Say, he makes $425,000 as a hedge fund trader from prison. He may repay that amount and have his sentence reduced by a half. This person is not being incapacitated because of his physical danger to others, but because of his lack of good judgment and morals. He should do well in the structured setting of the prison.

Study: Child Porn Reduces Child Abuse, Then, Commentary


Review of other studies here.

The federal law is reviewed here.

It is indisputable that prosecution for child porn viewing is a big lawyer business.

The policy justification for this law is that buying child porn results in more production. Production is child sexual abuse. To be charitable, that conclusion is not a settled scientific question.

Should laws meet Daubert standards? If a law does not, should it be declared unconstitutional? The law may be based upon or emanate from an expression of religious faith, in violation of the Establishment Clause. Or, it may be based on false, anti-scientific assumptions, violating the procedural due process right of the defendant to a fair hearing.

See here. See the article here.

Study: Making Pornography More Accessible May Curb Child Abuse
By Alice Park Thursday, December 2, 2010 |


Whether pornography is an expression of free speech or a form of exploitation remains a hotly debated issue, and new research may only stir up the controversy further.

Scientists led by Milton Diamond at the University of Hawaii found that easing access to sexually explicit material may help lower sexual abuse of youngsters. Diamond's group compared rates of various crimes, including sexual abuse, murders, assaults and thefts, both before and after the fall of the communist regime in the Czech republic. Before a more liberal government gained power in the country in 1989, all forms of sexually explicit material, including magazines such as Playboy, were banned, and all nudity was considered pornographic. (More on Time.com: Will Polygamy Be Legalized in Canada?)

The new government, however, passed a law allowing some expressions of nudity, including child porn, and when Diamond and his group compared rates of child sexual abuse both before and after the communist regime was in power, they found that there were fewer cases of abuse after pornography became more accessible.

The data support previous work that found similar trends when pornography laws were relaxed in Japan and Denmark. Coupled with the fact that rates of other crimes did not change in the same time period in the Czech Republic, Diamond speculates that the reason for the decline in child sexual abuse could be due to the fact that potential offenders were able to substitute child pornography for sexual acts themselves. (More on Time.com: Is Banning Pro-Pedophilia Books the Right Answer?)

But not all child abuse experts buy that theory, and take issue with the idea that child pornography, in any form, could be considered an antidote to sexual abuse. “The study and its findings are provocative,” says Dr. Cindy Christian, chair of the Committee for Child Abuse and Neglect for the American Academy of Pediatrics and chair of Child Abuse and Neglect Prevention at the Children's Hospital of Philadelphia, “but as a pediatrician I would never condone any child pornography even in order to protect other children from child sexual abuse.


Commentary:
If a law has an aim, and it can be shown to result in the opposite of that aim, shouldn't the law be void? If mere expert testimony must meet certain standards of reliability under Daubert or Frye, shouldn't a far more prescriptive and coercive utterance such as a law meet even higher standards of reliability? For example, an expert testifies to some standard of practice in a torts trial. That expert is telling all practitioners in that jurisdiction the minimum required from them as a standard, under pain of civil liability. He is bossing all practitioners. The Supreme Court has set standards of reliability for such prescriptive testimony. Here is a legal resource on that standard of testimony:

http://www.daubertontheweb.com/

Now, the criminal law is far more prescriptive, bosses the entire population not just practitioners, and carries penalties that are harsh. (From the introduction of Section 2251, "Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for not less than 30 years or for life."

Then, shouldn't a law meet even more stringent criteria of reliability than mere influential expert testimony? If a law is meant to reduce child abuse by punishing its visual depiction and possession of such, but the opposite has taken place, shouldn't the law be voided as toxic and harmful itself. Here. Organized crime profits from high prices, and is the biggest beneficiary of the child pornography. Most of the child porn is produced in Eastern Europe, and one wonders about jurisdiction questions if the law is to prevent child abuse. May a US law have its biggest impact on foreign territory?

The law was passed in 1977. Since then, child sexual abuse has doubled, according to this review.

http://www.childwelfare.gov/pubs/statsinfo/nis3.cfm#national

In studies, porn consistently reduces the incidence of sexual crimes, including the sexual abuse of children.

http://healthland.time.com/2010/12/02/study-making-pornography-more-accessible-may-curb-child-abuse/

According to this academic institute, pics of children playing in a bathtub can be indicative of pornography, kids at the beach, splashing, and fully clothed in swimwear, can be indicative.

http://en.wikipedia.org/wiki/Copine_scale

One suspects feminist lawyers and rent seeking. However, beyond that suspicion, shouldn't a law be scientifically valid or overturned? The law against child porn is an example, but this question applies to all law making. The Supreme Court has surprisingly or not surprisingly addressed scientific validity of laws or regulations only once to my knowledge.

http://en.wikipedia.org/wiki/Massachusetts_v._Environmental_Protection_Agency

And the Supreme Court ruled that a law need not be scientifically valid to be upheld (What the ...!@#?), allowing the EPA to classify carbon dioxide as a pollutant. It is allowing faith based law making, even in the face of evidence of opposite effects to the intent of the statute.


Friday, October 26, 2018

PC Firings are Pretextual

Pretextual means a false use of the law. New management arrives. The old people do not want to leave fast enough. So conduct from a long time ago, likely known at the time, is dredged up, and is now used to get rid of the stragglers and hangers on.


Megan Kelly fired after blackface comment, but also low ratings:

https://www.youtube.com/watch?v=U7SEVSRHFiI&fbclid=IwAR0ZLOoeo4byD1JUFTj3bUWuBH2VpPXm2Nq6ICLk9iI2J4A7jNpmUrCBqVQ

Old writer at PBS:
https://www.msn.com/en-us/tv/news/pbs-writer-mumbles-not-bad-at-picture-of-duchess-meghan-markle-is-fired-lawsuit/ar-BBOWLZA?ocid=spartandhp

Moonves, genius manager who made $billions for CBS, would not leave when daughter of Gladstone took over:

https://www.hollywoodreporter.com/news/moonves-redstone-inside-poisonous-war-control-cbs-viacom-1101570


Producer of 60 Minutes:


https://www.nytimes.com/2018/09/12/business/media/jeff-fager-60-minutes-cbs.html


Roger Ailes and son of Murdoch, James:

https://www.washingtonpost.com/business/economy/a-big-divide-between-fox-news-ailes-sons-of-murdoch/2016/07/20/15094630-4ea8-11e6-a7d8-13d06b37f256_story.html?utm_term=.f3f94f91f2a9


PA Animal Cruelty Law Could Result in Prison for Researchers, for People Setting Out Rat Poison, for Hunters, for Fishermen

An animal is a eukaryote (multi-cell organism), whose cells do not have a cell wall (as plant cells do). Bedbugs are animals. They are even vertebrates.

This Act covers  "animals." Even if it were restricted to mammals, killing a rat with poison is punishable by prison time. How would you like it to die from bleeding from all organs, inside the wall of a house?

All animal medical  research is not for the benefit of an animal, and is punishable by prison time. Eating a hamburger is a violation of this law, by its suborning of animal cruelty, as defined in this Act 10.  It was signed by Gov. Wolf, running for re-election, to pander to animal rights extremists.

I plan to step on a bug, to record the crime, and to turn myself in. In prison, I will step on a cockroach, and have my 90 days sentence extended by another 90 days.

https://humane-pa.org/current-legislation-2/fact-sheets-about-pending-bills-2017/comprehensive-animal-cruelty-bill/?fbclid=IwAR233VkTYMReR0ePbbxZdWq6lqOcA3x73rLU8rNUa4X0ZtI0iFTsHTTSK2g

Wednesday, October 24, 2018

Harris County: Renting Sexbot Prohibited; Owning One OK

I guess this rule supports long term relationships. What if you replace the head or change its program personality?

https://www.chron.com/news/politics/houston/article/Harris-County-adopts-new-rules-to-pre-empt-robot-13329896.php

Clown Costume Banned by City

The clown costume is protected free speech, especially if carrying a chain saw.

https://www.ksat.com/news/no-clowns-allowed-michigan-city-bans-clowns-on-halloween

Urine Drug Screening Should be Collected Before a Lie Detector Test

Sedatives and blood pressure pills that slow the heart can defeat the already questionable validity of the lie detector test.


Friday, October 19, 2018

Lawfare Should become a Full Procedural Defense to End a Legal Matter

The proper remedy to an offensive elected official is the next election.
Putin finds some paper work violation in a successful business. The owner may choose to go to trial and certain Russian imprisonment. The alternative is a plea deal. He gives half the business to the richest man in the world, a trillionaire several time over, Vlad Putin. That is lawfare. Putin uses the police to enforce laws on the books. Is this OK?
You may say, that is Russia, a dictatorship. Heck, no. Every corporation and their owners are committing hundreds of felonies and torts a day. Everyone in the US who works is committing 3 federal felonies a day. Who knows how many are being committed by people on welfare. The sole reason we are not prosecuted or sued is lawyer discretion, a choice to not do that.
That principle includes prosecutors. So, for example, did Robert Mueller ever make or receive a phone call on a federal phone number that did not involve official business? Wife calls, says, pick groceries on way home. FBI should investigate, and Mueller should be prosecuted. His personal and official devices are filled with embedded child porn. Refer to FBI. Total e-discovery should be done on his records and on his devices. The reason? Searching for bias. The real reason, deter with federal prosecution and return lawfare.
Lawfare is infinite, and a form of lawyer infinite employment, adding no value, and actually destroying value. It also degrades the integrity and reputation of the Rule of Law. One can never know if a prosecution is to protect public safety or to attack political opponents and enrich the lawyer profession. The defense lawyer owes his job to the prosecutor or plaintiff lawyer. That lawyer will never fully protect his client. The client must do that alone.
Lawfare was an unstated factor in 9/11. Al Qaeda attacked the World Trade Center in 1993. Bill Clinton probably spent 1000 hours defending himself against pretextual, bullshit impeachment charges. These were motivated by his raising taxes on the rich. So He could not address Al Qaeda, and they thrived, thanks to Republican party Congressional lawfare. That improper use of the law cost us 3000 lives, and a $7 trillion hit to the economy. It is a serious matter.