Sunday, November 24, 2024

The Remedy for Physician Burnout is not Therapy. Are You Kidding Me?

How about starting some real resistance to counter burnout? Do not count on organized medicine, a wholly owned susidiary of the Deep State. Doctors are all on their own, in defending clinical care.

Remember when you broke a rule in school and were made to write, you will not do so, 250 times? That was a form of corporal punishment and physical abuse. MD's should be litigating their being physically abused by forced typing. No typing should be allowed when a video recording of an encounter is 100 times more effective. Then go after the lawyer profession for their frivolous but ruinous litigation. Include the accomplice judges allowing frivolous lawsuits, which are the majority of them. Challenge regulators and reviewers for the quackery of their unproven rules. Let others burnout dealing with the medical profession, and not the doctors. Deter them.

The idea of burnout is simple. When you get rid of a doctor, the payer saves $5 million a year in health care costs. The case not being made is that each doctor restores 70% of patients to health and function worth $100 million a year to the economy and to the tax base. That is the pure cash value. It puts no value on the suffering alleviated.

Saturday, November 16, 2024

Everyone Should Support the 4B Movement to Promote Human Evolution

The 4B movement refers to "bi," which means, no, in Korean. The 4 Nos are no dating, no sex, no marriage, no childbearing. Look at the pictures in this article to grasp why it should be supported. Such people should be avoided physically. They should not reproduce. 

Rapid human evolution is on display in a walk around your local mall. You will see many pretty young women. If you ask one a question, they will be mannerly, soft and nice. They will want to  try to help you. Contrast their fraction in today's malls to a picture of good looking young people in class pictures from just 40 years ago. Such attractive females have more sex, more climaxes, induce more climaxes, and bear more children (more fecundity). In a few decades, more people will be pretty, and nice. 

This is a review of attractiveness and evolution

Law in Failure: Criminalize Nitpicking and Ad Hominem Attacks, with the Penalties of Perjury

 In a tribunal, nitpicking and ad hominem remarks are dishonest (lying). They should be punished as perjury is. At the least, the party guilty of that should pay the legal costs. 

Nitpicking, in a legal context, refers to the act of focusing on minor, trivial, or technical flaws in an argument, document, or procedure, often to the extent of being overly critical or pedantic. The objection is to some trivial mistake or some small detail. The real purpose is to attack a larger policy or verdict. 

Key Elements

1. Minor flaws: Nitpicking involves emphasizing small, insignificant errors or issues.

2. Technicalities: Legal nitpicking often centers on procedural or formalistic aspects.

3. Overly critical: The focus is on criticizing minor points, potentially detracting from the larger issue.

Examples in Law

1. Challenging a contract's validity due to a minor typographical error.

2. Dismissing evidence because of a technical flaw in the collection process.

3. Appealing a verdict based on a judge's minor procedural error.

Relevant Legal Concepts

1. Technicality: A minor, formalistic aspect of a law or procedure.

2. Hyper-technicality: Excessive emphasis on minor details.

3. Pedantry: Overly meticulous attention to trivial matters.

Jurisprudential Significance

Nitpicking can:

1. Delay or obstruct justice.

2. Distract from substantive issues.

3. Undermine the spirit of the law.

Courts may view excessive nitpicking as:

1. Frivolous.

2. Abusive.

3. Obstructive.

Notable Cases

1. United States v. Morrison (2000): The Supreme Court rejected a nitpicking approach to statutory interpretation.

2. Smith v. United States (1993): The Court dismissed a technical challenge to a conviction.

Here is a favorite. 

Korean Air Lines Co., Ltd. v. Park

Case Details

- Date: 2002

- Court: United States District Court for the Central District of California

- Citation: 2002 U.S. Dist. LEXIS 13045

Case Summary

A passenger, Kyung Park, sued Korean Air Lines for damages exceeding $50,000 due to lost luggage. Korean Air Lines invoked the Montreal Convention's liability limit of $50,000. However, Park argued that the airline's ticket, written in a font smaller than required by regulation (14-point font instead of 18-point), rendered the liability limit inapplicable.

Ruling

The court ruled in Park's favor, finding Korean Air Lines liable for damages beyond the $50,000 limit due to the non-compliant font size.

Key Points

1. Technicality: The court focused on the font size technicality.

2. Regulatory compliance: Korean Air Lines failed to meet the font size requirement.

3. Liability limit: The court waived the $50,000 liability limit.

Sources

1. 2002 U.S. Dist. LEXIS 13045

International Air Transport Association (IATA) Regulations

1. Ticketing requirements: IATA Resolution 722 (Article 3.2) specifies font size and formatting for ticket information.

2. Liability limits: Montreal Convention (Article 22) establishes liability limits for airlines.

Federal Aviation Administration (FAA) Regulations

1. Airline tariff requirements: 14 CFR § 399.85 (a) mandates clear, conspicuous disclosure of terms and conditions.

2. Ticketing requirements: 14 CFR § 221.100 (a) specifies font size and formatting.

Montreal Convention

1. Article 3: Requires accurate documentation, including ticket information.

2. Article 22: Establishes liability limits for airlines.

Airline Industry Standards

1. IATA Passenger Ticket Guidelines: Provide guidance on ticket formatting and content.

2. Air Transport Association (ATA) Standards: Establish industry standards for ticketing and documentation.

General Legal Principles

1. Contract law: Airlines' terms and conditions must be clear, concise, and conspicuous.

2. Consumer protection laws: Protect passengers from unfair or deceptive practices.

Relevant Cases

1. Korean Air Lines Co., Ltd. v. Park (2002)

2. United States v. American Airlines (2019)

These rules and regulations emphasize the importance of compliance with formatting, font size, and content requirements in airline ticketing and documentation.

Relevant Lawyer Rules of Conduct

American Bar Association (ABA) Model Rules of Professional Conduct

1. Rule 3.1: Meritorious Claims and Contentions: Prohibits frivolous arguments and nitpicking.

2. Rule 3.2: Expediting Litigation: Encourages avoiding unnecessary delay and obstruction.

3. Rule 4.1: Truthfulness in Statements to Others: Prohibits false or misleading statements.

California Rules of Professional Conduct

1. Rule 5-200: Conduct That Prejudices the Administration of Justice: Prohibits obstructive behavior.

2. Rule 5-210: Professional Conduct in Litigation: Mandates fairness and honesty.

New York Rules of Professional Conduct

1. Rule 3.1: Meritorious Claims and Contentions: Similar to ABA Rule 3.1.

2. Rule 3.2: Expediting Litigation: Similar to ABA Rule 3.2.

Federal Rules of Civil Procedure

1. Rule 11: Signing of Pleadings, Motions, and Other Papers: Requires good faith and non-frivolous arguments.

Key Principles

1. Candor: Lawyers must be truthful and honest.

2. Good faith: Lawyers must act in good faith.

3. Fairness: Lawyers must be fair and respectful.

Sanctions for Misconduct

1. Monetary sanctions

2. Attorney's fees

3. Disqualification

4. Disciplinary action

Relevant Rules of Evidence

Federal Rules of Evidence

1. Rule 102: Purpose and Construction of Rules: Promotes fairness, clarity, and efficiency.
2. Rule 401: Test for Relevant Evidence: Limits relevance to material issues.
3. Rule 403: Exclusion of Relevant Evidence: Allows exclusion for prejudice or confusion.

Specific Rules Addressing Nitpicking

1. Rule 611: Mode and Order of Interrogation and Presentation: Controls questioning tactics.
2. Rule 614: Calling and Interrogation of Witnesses by Court: Regulates court-led questioning.

State Rules of Evidence

Vary by jurisdiction, but generally mirror Federal Rules.

Key Principles

1. Relevance: Evidence must relate to material issues.
2. Materiality: Evidence must substantially impact the case.
3. Prejudice: Evidence may be excluded if prejudicial.

Sanctions for Nitpicking Misconduct

1. Evidence exclusion
2. Attorney's fees
3. Disqualification
4. Disciplinary action

Relevant Cases

1. United States v. Williams (2010)
2. Johnson v. United States (2015)

Relevant Federal Rules of Civil Procedure

1. Rule 8(d): Prohibits immaterial or impertinent allegations.
2. Rule 11(b): Requires signing pleadings, motions, and other papers in good faith.
3. Rule 12(f): Allows striking irrelevant or redundant pleadings.
4. Rule 26(g): Regulates discovery requests and responses.
5. Rule 37: Governs motion practice and sanctions.

Specific Rules Addressing Nitpicking

1. Rule 12(b)(6): Dismissal for failure to state a claim (nitpicking).
2. Rule 56: Summary judgment (prevents unnecessary nitpicking).

Rules Addressing Ad Hominem Arguments

1. Rule 12(f): Strikes irrelevant or redundant pleadings (including personal attacks).
2. Rule 43(a): Regulates evidence and testimony.

State Rules of Civil Procedure

Vary by jurisdiction but generally mirror Federal Rules.

Key Principles

1. Good faith: Pleadings and motions must be filed in good faith.
2. Relevance: Allegations and evidence must be relevant.
3. Materiality: Allegations must substantially impact the case.

Sanctions for Nitpicking/Ad Hominem Misconduct

1. Dismissal
2. Summary judgment
3. Attorney's fees
4. Disqualification
5. Disciplinary action

Relevant Federal Rules of Criminal Procedure

1. Rule 11: Requires voluntary and intelligent pleas.
2. Rule 12(b)(6): Dismissal for failure to state an offense (nitpicking).
3. Rule 16: Governs discovery and prevents unnecessary nitpicking.
4. Rule 26: Regulates expert testimony and evidence.
5. Rule 32: Controls sentencing and prevents irrelevant arguments.

Specific Rules Addressing Nitpicking

1. Rule 12(b)(2): Dismissal for lack of jurisdiction (nitpicking).
2. Rule 47: Regulates indictment formatting.

Rules Addressing Ad Hominem Arguments

1. Rule 12(f): Strikes irrelevant or redundant pleadings (including personal attacks).
2. Rule 26: Regulates expert testimony and evidence.

Key Principles

1. Good faith: Prosecutors must act in good faith.
2. Relevance: Evidence must be relevant.
3. Materiality: Allegations must substantially impact the case.

Sanctions for Nitpicking/Ad Hominem Misconduct

1. Dismissal
2. Evidence exclusion
3. Attorney's fees
4. Disqualification
5. Disciplinary action

Relevant Cases

1. United States v. Morrison (2000)
2. United States v. Stevens (2010)

Resources

1. Federal Judicial Center
2. American Bar Association (ABA)
3. National Conference of State Courts
4. Department of Justice

Additional Statutes

1. 18 U.S.C. § 3732 (Prosecutorial misconduct)
2. 18 U.S.C. § 401 (Contempt of court)


Monday, November 11, 2024

Advice to Pre-Law Students to Impress Law School Admissions Committees

 Try to get a 3.75 GPA. Spend 40 hours a week studying, you are on the job. It is worth $millions in future earnings. There is only one way to learn, and it is repetition. If you are stupid in a subject, repeat more. Try for the high grades from the first grading period. You can skip the partying, since it is quite boring. Alcohol and drugs also impair brian function. Serial dating is more productive, growthful, and thrilling for the young person. Bumble has great, high achieving young people. Females must start the conversation on it. Match has topnotch older people that will enjoy dating a young person. Drop your distaste for the older body. Exercise a half an hour a day, at least 5 days a week to look good. If male, lift weights. Try to avoid the weight gain that is inevitable after age 18. You have 112 waking hours a week. They should be booked up. You are rapidly deteriorating with age after 18. Do not waste a minute of your peak existence. 

You can have any major you wish. Your high grades show Admissions you can finish, and hand in quality work. That is all they want. I suggest a technical major, since it will be an asset when looking for a lawyer job. For example, a lawyer who was a nurse, or an accountant, or a chemist, or even an art historian (for museum law) is worth gold to law firms. 

I have suggested some mandatory pre-law subjects, but these are being ignored. 

Critical Thinking Course, including Formal Logic. It should also cover Fallacies and  Cognitive Biases. Fallacies violate the Procedural Due Process Right to a fair hearing in the Fifth and in the Fourteenth Amendments. The common law doctrinces in the various Rules often commit these. These violations should be brought up in law classes and in litigation. The common law includes unlawful supernatural concepts such as mind reading (mens rea), future forecasting (duty to prevent injury), and an examplar of conduct that is a ficitious characted (a thinly disguised Jesus, in violation of the Establishment Clause). 

Qualitative and Quantitative Research Methods since most decisions in the law are made on feelings, no matter what the law school propraganda. The jury system was an advance a thousand years ago. It brings the wisdon of the crowd. Most jurors want to go home. They will go along with the one juror with a strong feeling. That feeling is based on on likability of the parties, the theater production of the trial, and on other biases. 

Economic Policy Analysis or another course that covers the rent seeking theory. It explains the pathologies, failures, and malfeasance of the lawyer profession. Rent seeking is armed robbery by intelligent, middle class people. It is still a crime. 

Speech Articulation and Speech Making will help the student get rid of a distracting accent, and impart some confidence in public speaking. 

Sunday, November 10, 2024

Advice to Pre-Medical Students to Impress the Medical School Admissions Committee

Forget work life balance. There is none in your future. Try to maintian a 3.75 college GPA. How does one do that? Study over 40 hours a week, every week of the marking period. There is no other way to learn any skill or subject than repetitition. If you are stupid, repeat more. Try to get all A's in the 4 Pre-medical required subject, Biology, Chemistry, Physics and Organic Chemistry. Try to take these subjects in the first 3 years, since they may be covered on the MCAT exam. Take the MCAT twice if the first scores were too low. The medical school does not care what your major is. It does want to know you get things done, finish, and can succeed. If you carry a 16 credit hour a weekin college, medical school will be equivalent to a 40 credit hour week (8 hours a day of lectures 5 days a week). You will be learning a  2000 page book every 12 weeks. Even with a photographic memory, you will still not be able to answer the question upon graduation, what do you want to do to help this patient, Doctor? That will require another 10,000 hours of patient care. 

Avoid drinking and using drugs in college. They impair brain function. You have 112 waking hours a week. Fill them up with useful activity. People outside of healthcare are less likely to understand your situation.You can skip the partying, since it is quite boring. Alcohol and drugs also impair brian function. Serial dating is more productive, growthful, and thrilling for the young person. Bumble has great, high achieving young people. Females must start the conversation on it. Match has topnotch older people that will enjoy dating a young person. Drop your distaste for the older body. Exercise a half an hour a day, at least 5 days a week to look good. If male, lift weights. Try to avoid the weight gain that is inevitable after age 18. You have 112 waking hours a week. They should be booked up. You are rapidly deteriorating with age after 18. Do not waste a minute of your peak existence. 

If you need a job to pay expenses, consider training and certification as an EMT, rather than as a fast food worker, librarian, or Uber driver. 

Basic Requirements: 1. Age: 18 years old (minimum); 2. High school diploma or equivalent; 3. Valid driver's license; 4. CPR certification

Training Levels: 1. EMT-Basic (EMT-B): 120-150 hours: 1. Patient assessment; 2. Airway management; 3. Trauma care; 4. Medical emergencies. 2. EMT-Intermediate (EMT-I): 30-35 hours (additional):  1. IV therapy; 2. Medication administration; 3. Advanced airway management. 3. EMT-Paramedic (EMT-P): 1,200-1,800 hours: 1. Advanced life support; 2. Pharmacology: 3. Cardiac arrest management. Certification: 1. National Registry of Emergency Medical Technicians (NREMT); 2. State certification (varies)

Skills: 1. Patient assessment; 2. Airway management; 3. CPR; 4. Defibrillation; 5. Trauma care; 6. Medical emergency management

Continuing Education: 1. Recertification (every 2 years); 2. Continuing education hours (varies)

Salary Range: 1. EMT-B: $25,000 - $40,000; 2. EMT-I: $30,000 - $50,000; 3. EMT-P: $40,000 - $70,000. 

This job will give a preview of the profession. It will provide a rich discussion for the medical school interview. Why do you want to be a doctor? To help people. Here is a list of ghastly but memorable mistakes I made taking care of them. 

If you have a summer off, go to the local med school and volunteer to carry out a small research project leading to a publication within the time of the summer break. Again, this project shows an ability to complete a task, and to get a result. Publication of  a negative finding is as valuable as a positive finding, but less glamorous. Try learn about the subject matter of the faculty before a meeting. This experience will also provide a good subject for the medical school interview. Why do you want to be a doctor? To help people. Here is the  flow chart for my NIH grant proposal.