Saturday, June 17, 2017

Texting by Girlfriend and Suicide Case

For 1000 years of jurisprudence, the intentional act of the suicide victim broke the chain of causation of the suicide by any other party. That changed after a ruling by the New Jersey Supreme Court in the 1980's.

After suicide, people want to scapegoat others, whether girlfriends on line, or treating doctors. I oppose all suicide tort litigation, and certainly criminal charges. The sole exception is a physician who physically assists a patient to kill himself, in a state where physician assisted suicide is prohibited, handing a person a gun, injecting the person with a poison, pushing them off a roof.

As with other catastrophes, multiple factors operate, and most are not under the control of the defendant. The most powerful is mental illnesses, most of which are familial. The second most powerful factor is intoxication, especially by alcohol. Then comes family relationships. I would have gone after the family as a major factor.

As to the judge's, "...Miss Carter took no actions … She called no one...," I have a Massachusetts byline, not a Vermont byline. To my knowledge, there is no duty to rescue in that state.

So the defendant is being scapegoated for major factors not under her control, in violation of Fifth Amendment procedural due process right to a fair hearing.

In addition, she is being subjected to outcome bias, another violation of her due process right.  The failure to raise this argument should be lawyer malpractice because it is ubiquitous.

I am not going to invent a duty. However, here is a potential one.

In the greatest achievement in psychiatry of the 20th Century that no one knows about, not even psychiatrists, the prisons of the United States dropped their suicide rate by 80%, at no expense, with no new staffing, no programs, no treatment. It was not done by psychiatrists, but by prison wardens. Eyesight supervision. Period.

This victim tried to off himself several times. His brain was not working right. His family had a duty to maintain eyesight supervision. Instead he was alone. He drove a truck. he found access to an engine. This is a ridiculous fuck up by the family. His psychiatrists should have informed them of this sole tactic to prevent suicide. His psychiatrist should have placed him on a major tranquilizer for his false belief that death would solve his problems. Once his depression had been more adequately treated, more aggressively treated, there is a 100% chance, with no known exception in history, that he would be glad he had not killed himself.

So the multi-factorial analysis to catastrophes applies to suicide as well.

Imagine dropping the national suicide number of 35000 people by 80% at no additional cost. Stop the bullshit of hotline, and talking. Stop the stupid hand wringing by toxic left wing assholes.

I do not want to diverge here into the aggressive and proper management of suicide, except to say, the wardens of the prisons of the United States discovered it, and it costs nothing. It should be a standard of due care for professionals and for the families of the suicidal.


Wednesday, June 14, 2017

Message to Medical Legal Committee of County Medical Society


1) There is not a shortage of doctors. There is an intentional shortage of doctor time consumed by insurance procedure in the greatest scam in history worth $trillion, to prevent doctors from seeing more patients. Organized medicine is doing nothing about it. The legal concept is undue burden on people with disabilities.


2) Prepayment should be declared unethical. When I refer patients to PCP's, they are rudely treated and denied basic care. If the patients say, I am not coming back, the doctors are glad. That implies that more visits cost money rather than make money. Professionalism cannot withstand the need to survive on very low pre-payments. The incentive in prepayment is to deny care, not to provide care. This results in massive denial of care to very sick people.


3) Disparate impact is now evidence of racial discrimination, according to a Supreme Court housing case. Medicaid tactics impact minorities disproportionately. Therefore, denial of care should now be considered racial discrimination.

Monday, June 5, 2017


Two opposing Harvard Law grads agree. They should have final say in government rule of law.


Here are some problems with this nice agreement between a conservative Justice and a liberal Justice.

1) Lawyers are the stupidest group of people in the country. Any native intelligence they start with is beaten out of them by the cult indoctrination they undergo to join the profession. They have supernatural beliefs, and their methods were developed in the 13th Century, by monks. They are carrying out the business model of the Inquisition, down to every detail;

2) Among lawyers, Harvard Law grads are absolutely the stupidest of all;

3) They are so stupid, they think they are the smartest people in our country. They feel they can set policy for highly technical and complicated subject from shipping to health;

4) For example, they did not read the very plain English of Article I Section 1 of the constitution. It gives law making power to the Congress; it therefore prohibits judicial review, which is the cancellation of laws by unaccountable courts, staffed by the very stupidest people in our country;

5) These two are so stupid, they failed to notice, they have no way to enforce any decision they make. Federal marshals are employees of the Executive branch. Therefore the Executive may choose to enforce or to not enforce their decisions. The Executive will act only in its own selfish political interest;

6) As a result of this stupendous stupidity, government does nothing right. They did not see, it is detested by everyone except tax sucking parasites receiving a government check, usually returning absolutely nothing of value to the tax payer.

What can be done about how stupid these Harvard Law grads are?

1) The Congress should impeach one, then another for their decisions, not for any collateral corruption lawyer gotcha.

Replace them all with members of a local Virginia jury pool, or even with student from Life Skills Class learning to eat with a spoon. There would be an immediate upgrade in the quality of the decisions, and in the clarity of the writing of the decisions;

2) The Executive should openly declare which decisions it will never enforce, making all their decisions advisory, and no longer mandatory;

3) States are the father, the federal government is the child. When the stupidest people in the country make a ruling, ignore it. Do as you please, the child has to obey the parent, not the reverse. If federal marshals do show up to enforce these appallingly bad decisions, taser them and expel them from the state. If troops show up, tell they are in insurrection against the constitution, Article I Section 1. If they persist, arrest them, try them, and execute them. They are in insurrection against the constitution.

Hey, Harvard morons, if you want to have judicial review, pass an amendment to the constitution. Today, it is not allowed.

https://constitutioncenter.org/blog/national-constitution-center-president-rosen-interviews-breyer-gorsuch

Wednesday, May 31, 2017

Reminder.

People complain about endless war, and it has only been a couple of decades.

The US war against the indigenous people lasted from 1682 to 1920. War will last as long as necessary.

Sunday, May 21, 2017

Mens Rea is Not Just Lawyer Quackery. It is Illegal. So is Any Other Use of a Latin Word in a Legal Utterance

I am not reading this article.

Mens Rea. Latin. Language of the Catholic Church is not allowed by our constitution in the legal system. Latin endorses Catholicism.

Copied from the Catechism. Section 1857. Not allowed.

To its credit the Medieval Church believed God would judge intent upon reaching heaven, His being all knowing. That was their faith, they said. Not even the 13th Century Church believed man could read minds.

Mind reading is a supernatural power.

In the 13th Century, the sole punishment was death. So loopholes were needed to soften the law. That is no longer necessary.

Retribution and culpability are from the Bible. They are worthless to the tax payer. They are prohibited, except in the imaginary world of the lawyer.

Mens rea is more lawyer false doctrine, coddling the criminal, and harsh treatment of past and future victims.

Mens rea is anti-victim garbage. If someone reads the article, explain why anyone would bother doing so, outside the anti-victim, left wing, pro-criminal lawyer.

A hunter shoots another thinking him a deer. A hunter shoots another because the other's wife paid him $10,000. Same act. Same outcome. Vastly different treatment of the defendant. One goes home, the other gets the death penalty, all based on the mental state. This is ridiculous. How does the lawyer know the drunken hunter who killed a guy is not far more dangerous than the contract killer with discipline? The lawyer has loosed a menace on the public and executed a far less dangerous guy. The drunken hunter is now loosed by the lawyer to crash into a school bus.

The alternative to the mens rea is far more reliable, fairer, and safer to the public. Count unconvicted conduct and prior convicted conduct. And incapacitate for the status of the person, not for the crime. Naturally, the lawyer has banned strict liability crime, and compounded the mistake by banning status crime. Why would logic be banned by the lawyer, and coddling of the criminal be imposed on crime victims? Because the lawyer makes no money if the criminal is incapacitated for being a criminal from the earliest age possible, and crime is suppressed. Give the data to the jury if Booker must be followed, even though the jury does not know anything about this technical subject.
Lawyers should stop saying crime has dropped in rates. It has not. Saying it has destroys the credibility of any lawyer.

If any law school professor uses any Latin in class, the Jewish and Protestant students should start banging Mao's Little Red Book on their chair writing tablets. If he does it again, he should be grabbed. A tall dunce cap should be placed on his head, and he should be bounced from the class. This is America, a secular nation.

Complaints may be filed with the Civil Rights Office of the Education Department, for the violation of Title VI of the Civil Rights Act of 1964. Imagine a professor seeking to impose the Sharia on our students. Seeking to impose the Catechism is no less offensive. Every single Latin utterance should be reported, investigated, and fined heavily. There is ongoing, massive violation of this law in our law schools. I support the right to speak Latin by the professor in church, at home, or anywhere else, but not in law school class, nor in any other legal setting.

May the Lawyers Ordering the Taking Down of Confederate Statues Ever Criticize Taliban and ISIS Savagery for Destroying Historic Landmark Statues of Other Faiths?

No.

Monday, May 15, 2017

A good reason to polygraph all sex accusers

False accusers in Israel are legally immune.

This policy justifies the removal of the Israeli equivalent of Jeff Sessions, based on his prosecutorial immunity.

I have proposed the penalty for false statement to government officials by lying feminists be the maximum, 2 years of prison for a  second degree misdemeanor. All false accusers of President Trump should be prosecuted and receive that maximum.

Feminist groups suborning false allegations should be sued by the victims of the false accusations. The responsible officials of such feminist groups should not be able to hide behind any corporate veil.

In Italy, the false allegation got a feminist 12 years.

Back to the Israeli immunity granted to feminist false accusers.  The above documentary made Israeli women unmarriageable, and unemployable. 

Israeli men should convert to Islam, which still respects the patriarchal family.

Sunday, May 14, 2017

Should the Use of Falsies or of Make up to Cover Acne be Criminalized?


Man pleads guilty. He promised women money and a chance at making porn films. He had sex with them to sample.

Saturday, May 13, 2017


Combination approach may help combat autism

Yale School of Medicine News
The hormone oxytocin, the so–called hug hormone or cuddle chemical, has more nicknames than proven medical uses. However, oxytocin may benefit children with autism spectrum disorders if receptors for opioids – brain chemicals activated by drugs such as heroin that tend to disconnect people socially – are also blocked, Yale researchers reported the week of May 1 in the journal Proceedings of the National Academy of Sciences.

Oxytocin plays a key role in sealing social bonds during activities such as sex and nursing, but its use in spurring greater social connections among people with autism has had limited success. However, Yale researchers were able to significantly increase social interaction among monkeys – as measured by extent of eye contact – when oxytocin delivery was paired with the drug naloxone, which blocks opioid receptors and is widely used to combat heroin overdoses.

It has long been noted that use of the opioid morphine disrupts lactation in nursing mothers, but naloxone reverses those symptoms in part by spurring increased production of oxytocin. The authors suggest the two neurochemical systems appear to be evolutionarily linked in human behavior: oxytocin spurring creation of strong social bonds and opioids — as tragically illustrated in cases of addiction — triggering greater social isolation.

Coupling an increase in oxytocin and the inhibition of opioid receptors “really boosts social interactions in a robust way we do not see when using either approach individually,” said Steve Chang, assistant professor of psychology and neurobiology and senior author of the paper.

Yale’s Olga Dal Monte and Matthew Piva are co–lead authors of the study. Chang’s team also collaborated with Yale’s Kevin Anderson and Avram Holmes to obtain gene expression evidence supporting the observed social boost in the human brain.

Saturday, May 6, 2017

Threat to Privacy is Getting Ubiquitous

The opening screen on my Nissan Rogue states that data on the car will be transmitted to Nissan. I wrote asking what data, who gets its, how it will be used. I asked if it is available to government officials. They replied that a black box has been in Nissans since 2006. Car functions are being monitored, and that, yes, the data would be available to government entities when appropriate. They did not say they would need a court order to reveal the content.I am now asking, how to turn it off, and how to disconnect the black box recorder.

So, Nissan knows everything about my use of the car. The police can prove I was speeding. The wife can prove I was at my mistress's address on a specific date. (Just kidding, Honey. I could not handle two bosses.)

It gets worse. My son in law was discussing a product in his living room, with all appliances off. He then began receiving ads on this product. The likely source of his privacy breach was the microphone of his turned off smart TV, or his cellphone running Android, or his X-Box. It is waiting for instructions to turn on, for example. However, while waiting, it might be transmitting the conversation in the living room to Google.

Wifi holograms of objects behind walls are now possible.

Tuesday, May 2, 2017

Police Allow Masked Commies to Burn the Newspaper Boxes of Poor People Trying to Make a Meager Living

Here.

Letter to School District About Student Driven Learning Quackery

I received your report. Stop your New Age nonsense. All of it is gibberish to falsely justify increases in taxes.

You stink. Your schools stink by any objective measure. Your students stink, and are total, disgraceful, under-performers, compared to less privileged children in other systems. That utter failure is 100% your fault. You spend an unbelievable $27000 per student, yearly, and we are getting inferior students back.

Stop wasting money on defective, special education students, who will never amount to anything. Stop overpaying teachers. Start to increase your class size. Make people learn instead of your bullshit, disproved, feel good, crap methodology, such as student driven learning. You are trying to make to make students do the teacher’s job. Students don’t know anything. If students drive education, they will end up still not knowing anything. You are a quack. There is only one way to learn, and that is through repetition. If a student is stupid in a subject, that means they must repeat the learning more times. But, everyone gets to learn the basics. Nations emphasizing such learning are beating the pants off American students. American students stink because of educational quacks like you. You need to leave this school district. Peddle your quackery in California, where no one cares about performance, but only about making students feel good.

I want to stop your educational quackery in court. I am going to start this legal process by demanding an investigation into your quackery by the state. Did you like my use of commas? I learned it in the slum schools of New York, at the cost of $100's a year, per pupil. I was taught how to use the comma, and made to practice.

Monday, May 1, 2017

Baltimore Mayor Asks FBI to Help with Out of Control Murders. Here

My lawyer friends may be puzzled by this request, since murders are state crimes, and not federal crimes. However, I see another angle.

This lady had her police officers falsely prosecuted. As a result, the police has decided to just respond to 911 calls. They are basically, on strike. This effect is called the Ferguson Effect. Since the FBI investigated, and harassed this police and many other police departments, they are responsible for the rise in murders. The murder rate does correlate with the solution rate by the police. This effect may also apply to all crimes. The solution rate of murder in Baltimore is a bit over half what it is across the nation.

If the FBI wants to lower crime and murder, it can tear up the Consent Decrees it bullied many police departments into signing.


Sunday, April 30, 2017

Taxing Internet Activity


Immunity is stealthy industrial policy to grow  an industry, especially when new. Liability is the reverse, to rein in an industry. That puts industrial policy in the hands of people who do not know anything about anything, lawyers. That is wrong.

That being said, the Internet is mature and wealthy. It no longer needs any immunity.

Austria is seeking to tax internet activity. If we have to have taxes, then immunizing wealthy internet companies and taxing struggling brick and mortar businesses is wrong.

Sunday, April 23, 2017

Prison Work Report

 Many times, I have proposed make Prison Industries an aggressive, and lucrative business. Then pay prisoners the market wage of their skills. Deduct from it in this order or sequence, 1) cost of prison; 2) cost of legal procedure; 3) cost of damage to crime victims; 4) cost to tax payer; 5) improving prison conditions.

There is much synthetic chemistry talent in prison. Start a generic drug business, including supplying death penalty drugs. There is much hacking talent. Start a computer security consulting, and problem solving business. There is much knowledge of outside criminal activity. Start a police education business. There is much agricultural talent in prison. Start a legal marijuana growing business. Marijuana generates more profit than all other crops in the US combined.

Structured activity, including massive overtime to generate income for everyone, will markedly reduce conflict and injuries in prion.

While most inmates are unfit for outside jobs, they may do well with the limit setting of prison and prison staff. Infractions should be punished by getting fired from the jobs. These will be seen as great privileges reserved for model prisoners.

If people are frustrated by not qualifying for real prison labor, offer opportunities for more education. If one cannot control ones moods and behaviors, to fit into a job situation, ask for treatment to control these.

Saturday, April 22, 2017

Civil Forfeiture to Solve the Monopoly of Facebook/Google/Twitter/Microsoft


Facebook/Google/Twitter/Microsoft has been a factor, a venue for many crimes.

In civil forfeiture, a grandma objects, she has done nothing wrong. The police is now seizing her house. They reply, we are not saying you have broken any law. However, your grandson conducted drug deals in this house, so this house is involved in criminal activity, may be seized.

A guy is pointed out by a drug dog. He say, he has done nothing wrong. The police is seizing his cash. The police says, we are not saying you have broken any law. However, your cash has traces of cocaine, so your cash has been involved in cocaine trafficking.  (All cash in America has traces of cocaine.)

Mark Zuckerberg will say, I have committed no crime. The Department of Justice  says, we are not saying your committed any crime. However, Facebook has been involved in thousands of terrorist and criminal acts. We are therefore seizing the assets of Facebook/Google/Twitter/Microsoft because of its involvement.

Civil forfeiture is the path to stop this abomination, Facebook/Google/Twitter/Microsoft. Seize all of its assets.

Because they meet the legal definition of a monopoly, the government, as possessor, could split them apart, The government executive branch could save delay, drama, and legal cost.

Add Craig's List to the list.

Sextortion at Facebook.

Wednesday, April 19, 2017

Deep, Deep, Very Deep Prosecutorial Stupidity



Hat Tip to Prof. Douglas Berman for information on this Hearing on Synthetic Drugs. Hat Tip to one of my Patients for the Insider Glimpse into this Massive Unexplored World of Synthetic Drugs.

The listing has links to submitted testimony. The hearing lost an opportunity to hear from the players in this world. That would have been far more edifying than the standard establishment cliches.

Difficult subject.

1) All substances and likely all remedies have a dose response curve. When diluted, the strongest poison on earth, botulinum toxin, has 753 medical benefits. When consumed too much, water causes seizures and death among dozens of healthy athletes. So, all claims of benefit or of harm should specify the dose, and provide a dose response curve. Judgment is therefore very difficult and requires data that is always missing.

2) Massive synthetic chemistry entrepreneurship is ongoing out there. Some of it has the potential to help people with medical problems, some normal people to enhance performance and to reduce risk, such as of car crashes from inattention or from sleepiness. It is not a simple utilitarian calculation.
3) Changing body functions is lucrative when reliable and effective, so could boost the economy, and tax revenues.

4) There is a massive grey and black market for these products, driven by consumer satisfaction with them. Chat rooms on alternative Internets, with lively intellectual discussions, ratings, and marketing of these synthetic products are really busy. The internet approach of ratings rather than prohibition or draconian regulation is likely far more effective. Compare nearly worthless contract law to disappointing an Ebay user and getting a low rating. The latter makes zero difference to our economy, the latter is devastating to a business. This grey territory is massive public self help alternative to the legal system, and 10 times more effective. It should be encouraged and brought out of shadows into the light. Doctors should get into it as a source of medical advances at nearly no cost. The legal system should get out of its way but tax it and promote consumer powers.

5) This do it yourself culture and territory is a threat to highly over regulated and very expensive pharmacology business. I would support shutting down the FDA, repealing all its enabling statutes. Let all out competition and ratings replace its worthless rent seeking with useful and safer methodology of drug regulation.

6) With all this synthetic chemistry talent in stir, Prison Industries should get into the drug making business, to make death penalty drugs which are a joke to make for these guys, following 19th Century recipes. Then instead of manufacturing prison clothes for $10, manufacture generic and synthetic drugs for $100 or $1000 a batch. Do it responsibly, and put the profits into improving the lives of the prisoners and into compensating their victims.

Did any of the speakers convey this level of complexity, and this great potential for both harm and benefit?


Monday, April 17, 2017

Reply to Article by Dr. Burns Woodward, Marijuana and the Psychiatric Patient

I hope you did not cut your classes in Pharmacology the First Year of medical school. You would have been taught, all medications (likely all remedies) have a dose response curve. The strongest poison on earth, the botulinum toxin, when diluted, has 753 medical benefits. And, water, when drunk more than the kidneys can put out, results in seizures and in death, by swelling and  crushing brain cells against the skull.

So, when you say, marijuana is harmful, please specify, the patient characteristics, the dose, the duration of its ingestion. Explain why a THC receptor is located in the brain. Then, address this report. It looks pretty scientific to me.There are dozens of similar videos on Youtube, which you failed to address.

Reply by Senator Jay Costa to My Statement on Nurse Practitioner Independent Prescribing, and my Response

Dear Dr. Behar:

Thank you for contacting me to relate your opposition to Senate Bill 25, legislation that would amend Pennsylvania law to change the scope of practice for certified registered nurse practitioners in our state. I appreciate your interest in this matter and I understand that you are concerned about this bill.

As you are likely aware, Senate Bill 25 has passed the Senate Committee on Consumer Protection and Professional Licensure and was considered by the Senate for the first time on March 29, 2017. I signed on as a co-sponsor on this bill because I believe it is time for Pennsylvania to join the twenty-one states and the District of Columbia in allowing CRNPs to have full authority to practice. This change to our law will help us to reduce health care costs, to ensure that our law is in step with modern medical practice and to assist in ensuring quality care to the nearly 35 per cent of Pennsylvanians who have inadequate primary care access. I recognize that there is a significant difference in training between physicians and CRNPs. This bill does not make light of that difference and requires that CRNPs meet a three-year, 3,600-hour collaboration requirement before practicing more independently. I will consider your thoughts on this legislation and your reservations about it as it moves through the legislative process.

I could not disagree more strongly with your assertion that this legislation is motivated by racism. Pennsylvania has underserved populations of all races that could benefit from the broader practice authority of nurse practitioners, in rural and urban areas, and increasingly in suburban areas as well. Patients throughout the Commonwealth will benefit from cost savings created by this legislation, and I believe it is important that we pursue this course of action.

Again, thank you for taking the time to contact me about this legislation. Please feel free to contact me if I can assist you in any way.

Sincerely yours,
Senator Jay Costa, Jr.
43rd District
JC/jlg

*********************************
Jay. I demand you add an amendment. "All Pennsylvania legislators, all their staffs, and all their first degree family members are prohibited from seeing doctors for medical care." Save some money. Experience the inferior care of black patients on Medicaid that you will be forcing on them.
I also request that you reveal all campaign contributions by insurance companies. It is they who are driving this movement.