Tag Archives: law

There are to be only three branches of government, the Legislative, the Executive, and the Judicial; so sayeth the Constitution in Articles I, II, and III. A trinity of man, by man. We were among the first to have broken free of that old ruling triad of the Church, the Army, and the King that at times in previous times had been only the one, the same. We are indeed, a nation born free. Or so we thought. First the nose, then before you know it, the...

Wednesday, 1 December 2021, the state of Mississippi argued before the US Supreme Court that the 1973 Roe vs Wade decision [410 U.S. 113 (1973)] giving women a constitutional right to have an abortion was in error; that it should be overturned. During Wednesday’s oral arguments, Justice Sotomayor asked Mississippi’s Solicitor Stewart whether Mississippi’s challenge was premised on religious grounds. No doubt about that. In Missouri, Alabama,...

Surely someone, not something, must be to blame, must be responsible for whatever catastrophe that may have just occurred. Even CNN knows this. Blaming an event on someone obviates the need to fully explain, to seek a cause; relieves us of the responsibility to understand, to acknowledge the true cause. Seems it is somehow better if someone started the forest fire; not lightning or the effects of Climate Change. Blaming someone is different than...

As always, I am bloviating on a matter where I am not expert. I do sometimes wonder what the hell we should do with the strange human invention called intellectual property. It can be argued that it was a brilliant invention. For example the US Constitutional Convention wrote “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”...

Some, if not all, of the original thirteen may have had some claim to state’s rights in that as individual and separate colonies they had known some autonomy. None of the states admitted later, with the possible exception of Texas, had claim to such rights. Any legitimate claim by Texas, or any of the thirteen original, was abrogated with their secession from the Union during the Civil War. So many of our current ills are attributable to this...

The Rittenhouse Verdict and the Future of Vigilante Violence There are typically two levels in a case like Rittenhouse’s, the individual issues of justice and accountability, and the social implications of the crime and its judicial resolution.  I want to spend a moment with the second. America faces an impending crisis of vigilante suppression of democratic rights.  In the past year we’ve seen militias openly threatening violence in takeovers...

Where we are in the Conversation VBP: I had stopped the dialogue on Kip Sullivan’s paper Medicare’s “Value-Based Payment (VBP)” programs are Failing on page 3 of 12 pages so as to detail it as much as possible and breaking this portion out for readers. It can be reviewed here. This part of Kip’s paper gets to the root of why Value-based rewards to Skilled Nursing Facilities (SNFs) will not work. It is also detailing why Value Based Payments...

‘Brutus,’ the anti-Federalist to presciently foresaw the Imperial Supreme Court As you may recall, for the past several years I have done a great deal of historical reading about Republics; how they were structured, what were their strengths and weaknesses, whether they were able to last a long time, and whether they were consistent with “empire”-sized dominions. One of the revelations of that excursion was realizing that the US...

Anti-Racism and Democracy in Our Schools  It’s generally conceded that Terry McAuliffe’s statement “I don’t think parents should be telling schools what they should teach” was a big blunder that contributed to his defeat last week.  The context was a debate with his Republican opponent, Glenn Youngkin, who had used his party’s playbook on Critical Race Theory and the “leftist” takeover of education.  Not surprisingly, Youngkin hammered McAuliffe...

Anti-Racism and Democracy in Our Schools  It’s generally conceded that Terry McAuliffe’s statement “I don’t think parents should be telling schools what they should teach” was a big blunder that contributed to his defeat last week.  The context was a debate with his Republican opponent, Glenn Youngkin, who had used his party’s playbook on Critical Race Theory and the “leftist” takeover of education.  Not surprisingly, Youngkin hammered McAuliffe...