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. 



Statement to PA Medical Society on their Survey about MD Opinion of Maintenance of Certification Examinations (MOC)

Got card on MOC opinions. Wow, decided to help doctors for a change.

This message is for Angela, legal counsel.

1) Is there any racial, sex or age disparity in the pass rates? The Stanford Binet was banned because black children performed worse on it. It is the most proven test in history. The results at age 7 predict the achievements of people at age 50. It was used to provide more services for black kids, not to discriminate against them. Because of their lower performance, it was banned. Larry P v Riles 793 F.2d 969 (1984);

2) Regulatory quackery. By their testing the Boards are acting as quasigovernmental agencies.  If their tests have not been validated by outside outcomes, they violate Fifth Amendment procedural due process rights to a fair hearing when damage has been caused by their test results;

3) Regulatory taking, by forcing people to spend large amounts of money to take the exam;

4) Fraud, by any claim that any doctor passing its exams has any more knowledge or skill than one not taking it;

5) Civil or criminal RICO by any communication with any insurer or governmental agency to privilege any doctor who has passed its exam.


Takutsubo Everywhere

I am aware of a total business practice in this country. I have called it Takutsubo. The term is from cardiology. It refers to a Japanese octopus trap. The little octopus heads in, and cannot get out. It would have to put its tentacles together and to swim backwards to get out. Impossible.

It takes a minute to give a business money. It is impossible to ever get any money out. Try to cancel  a phone account, a magazine subscription. Try to make a health insurance company pay for treatment. It takes hours, if one can ever do it at all. One factor to think about is that no one will ever see any money from a life insurance policy. They will disappear. Once found, they will give us the runaround. Once that is ended, they will find something wrong with the application from 30 years ago. So on. Takutsubo is everywhere.

Takutsubo is a form of fraud in my view, since it is not disclosed in any contract. It results in unjust enrichment of the business. It is on my long list of litigation subjects.

I did make a credible legal threat to ATT. I was able to cancel my phone service quickly and easily. My threat was also followed by their advertising rollover minutes as their policy 2 months after my complaint to the FCC, a step required in litigation. I also refused to speak to their Vice President of Legal Affairs.

Right now, it has been impossible to use my Amazon $25 gift card. I had to find and use a magnifying glass to get the validation number and the card number. I am grateful, I did not have to find a heavy microscope. I entered a long validation code on a separate web page. I then entered the actual long number of the card into an order. I have done so three times. No. I have spent $100 in time to make it work. I am about to give up. They are going to just keep the $25.
Takutsubo.



Wednesday, April 12, 2017

Remedies for False Allegations of Rape

Washington Post report on Rolling Stone settlement with U of Virginia official after false allegation of rape, and false allegation of indifference by the university to the allegation of rape.

Martha Stewart spent 5 months in prison, 5 months on house arrest, and years on probation not for insider trading, but for lying about not receiving a phone call, to FBI agents, at her home, in an informal interview, not under oath.

All false allegations of rape should result in the same charge and sentencing. All false allegations should result in tort liability of the false accuser, of any newspaper reprinting the false allegations, and of any police or prosecutorial agency, falsely prosecuting such allegations.

Once the false accuser is convicted, the tort liability should be automatic. The sole question for any tribunal should be the value of any damage to the falsely accused.


Tuesday, April 11, 2017

Sue The Zoophobic and Discriminatory Prosecutors

Not knowing the law was a successful sentencing mitigation in this case.

She should sue to deter the prosecution of the 543 ways we humans can love.

The idea that an adult St Bernard is incapable of giving consent is false and highly offensive. The dog should seek legal standing and sue for violations of his human rights.

Marijuana Laws, A Conflict of Laws to the Extreme

Reviewed here.

This is an article written by a lawyer benefiting from this conflict, providing compliance services.

Basically:

1) Conflict between states with varying amounts of legalization and the continued prohibition at the federal level (Control Substances Act of 1970);

2) drug testing laws, and on the job and off the job use;

3) accommodations required by the disabling condition requiring medical marijuana use;

4) absence of case law, and unclear legal rights of employees;

5) conflicting laws and regulations faced by employers with multi-state locations.

Sunday, April 9, 2017

Letter to the Reading Eagle About the Inferior Care of Nurse Practitioners and the Racial Motivation to Grow their Ranks


Here.

This is the original submission, softened by the editor:

Force Legislators, Their Families To See Only Nurse Practitioners

David Behar, MD

A patient commented, a nurse practitioner insisted the growing lesion on his arm was an "age spot."  The patient demanded to see the dermatologist, after a year. From the door, the doctor stated, “That is a squamous cell carcinoma. It has to come out.”

Would a member of the legislature with crushing chest pain, shortness of breath, want to be seen by a cardiologist or by a nurse practitioner typing an  electronic record? The lives of black people on Medicaid are worth no less than that of the white legislator. The movement to allow nurse practitioners to prescribe unsupervised, will result in a two tiered health system, one for whites, one for blacks. There is no doctor shortage, only of doctor time. Half of that time is consumed by worthless procedure so that fewer payments are made for  patient care by government and by insurance companies. It is the greatest fraud crime in history, netting $trillions.

People with perfect grades get into nurse practitioner programs. All could go to medical school. They choose to make money earlier. That corner cutting should not be rewarded with independent prescribing privileges. They know one quarter what specialists know, and half as much as primary care physicians do. They are fit only to prescribe for patients doing well, under supervision.

What Medical Literature Should Imitate from Law Reviews

I commend law reviews for making their content available to the public, for free.

Medical journals must do the same. Medical scholars should submit articles only to medical journals that are open to the public.

The public actually already paid for the content in the form of the tax support of research grants, faculty salary subsidies, and payments for the patient care involved in the research.

Reply to the Lancet Article Promoting Decarceration


It is summarized here, in The Atlantic.

Lancet? The Huff Post of medical journals. Left wing British medical propaganda. Self dealing, rent seeking trash.

The authors? Cornell and Yale. What? Dismissed. Ivy assholes. If they did not promulgate lying, left wing propaganda, they would be driven out of those left wing, treason indoctrination camps.

1) I invite the defense lawyers to chime in. Are you a little stressed, a little scared, when speaking to the vicious, heartless, inhuman super predators whom you protect, privilege, and empower, even during brief meetings, even with them in cuffs? Imagine, being a kid, and not being to leave the house, with a guy maintaining a criminal business and an active addiction in your home; children are 100 time better off with less contact with these super-predators;

2) how do children learn? They barely know any English with vocabularies in the hundreds of words. If their attention span exceeds 2 minute, you have a little genius there. So do they learn by parsing the rule making and lectures of their parents and teachers about doing the right thing? No. They imitate what people say and do in their surroundings. These Ivy assholes want to put people in the homes of children, each committing hundreds of crimes a year, many violent;

3)who hangs out with these criminals, and visits the home? Is it the people of God? It is other people with no morals. So, even if the criminal parent does not use the little girls in the house as fuck dolls, his pals will;

4) child abuse has decreased. Try to guess how that happened? Sex offender registries? Making everyone a mandated reporter? No, assholes, it happened when the child rapists ended up in stir for their non-violent crime of selling drugs.

Rent seeking makes people other people than lawyers really stupid. I have not been addressing medical rent seeking, and please do not ask me to. It is ten times bigger than lawyer rent seeking and 100 times more toxic.