The case for legal pot use
A Harvard University professor of economics, Jeffrey Miron, has crunched the numbers, and he’s determined that legalizing marijuana would save $7.7 billion annually in money spent on enforcing dope laws. That breaks down to $5.3 billion in savings for state and local governments, and $2.4 billion in cost reductions [...]
Alice writes:
I’ll agree to support states’ rights for Oregon, if those judges can reason far enough to then apply that same standard to states’ anti-abortion laws. Surely if one state can decide to kill its elderly, another state can decide not to kill its babies. And maybe if this were permitted, it would promote a [...]
The New New Federalism
The Oregon case will be an early test of whether the Roberts Court will continue and extend William Rehnquist’s legacy of restoring meaning and force to the notion that our system of government is one of limited and enumerated powers. For at bottom, the Oregon case turns on whether the Attorney [...]
A reader asked why I had moral problems with the Oregon law. I have written about the difference between active and passive euthanasia in the past – and provide these two links:
I the Oregon assisted suicide law legal
More on passive euthanasia
Those two posts make my personal position clear.
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Supreme Court Hears Arguments on Oregon’s Assisted-Suicide Law
As I have written previously I am morally against physician assisted suicide. In my mind this action crosses an ethical line which troubles me.
However, I also consider myself a libertarian and a supporter of States’ Rights. While I disagree personally with the Oregon law, [...]
Occasionally this blog provides me intellectual entertainment. Two weeks ago I blogged about the Vioxx settlement. An interesting perspective on the Vioxx damage award This rant has sparked one of the most spirited, entertaining and thoughtful debates ever seen on this blog.
Curious JD stands on one side. He consistently attacks physicians. [...]
Vioxx-type danger and legal frivolity
Last week, a Texas jury found Merck was liable for the death of a man, Robert Ernst, who took Vioxx, the company’s painkiller. While the company will appeal an award of over $250 million to the Ernst widow, claiming that the jury did not find that Vioxx caused his death, the [...]
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If you have a JAMA subscription here is the link to an excellent commentary – Medical Marijuana, American Federalism, and the Supreme Court
The analysis is more technical (legally) than I really understand, but these quotes give the gist of the argument.
In Gonzalez v Raich, the US Supreme Court held that federal law enforcement authorities could [...]
Boys and girls this is not California, or Oregon, or even Nevada. This is the Deep South. Prescription for pot?
My colleague, Amos Bailey, gives some excellent summaries here:
Besides acting as an analgesic for chronic-pain patients, marijuana is used as an appetite stimulant and anti-nausea drug.
Doctors believe it works in the part of the [...]
I am continuing to post concerning this patient because of the great interest that she engenders. First, the American people agree with the courts:
USA TODAY/CNN/Gallup Poll results
I greatly admire Charles Krauthammer. He trained as a physician, and I believe practiced psychiatry. I find him thoughtful, logical and well considered in his opinions. [...]
From the NY Times – A Blow to the Rule of Law
That should have settled the matter. But supporters of Ms. Schiavo’s parents, particularly members of the religious right, leaned heavily on Congress and the White House to step in. They did so yesterday with the new law, which gives “any parent of Theresa Marie [...]
Two more thoughtful entries from the Bioethics Discussion Blog – If Schiavo Why Not Jones? (1)
What the Congress and presumably the President is forgetting is who is the person who deserves the actions in the best interest. It is not the President, the Congress, the court system, political or religious groups, news media, the [...]
Now this is interesting – The Doctor’s Court?
Apparently, magazine Legal Affairs sponsors weekly debates on legal issues. This week’s debate focuses on special health courts. The participants:
Philip K. Howard is Founder and Chair of Common Good and the author of The Death of Common Sense: How Law is Suffocating America. Stephanie Mencimer [...]
Justices Accept Oregon Case Weighing Assisted Suicide
In an action likely to reopen a national debate over whether doctors should be able to help terminally ill patients end their lives, the Supreme Court agreed on Tuesday to hear the Bush administration’s challenge to the only state law in the country that authorizes physician-assisted suicide.
Oregon’s Death With [...]
Please read this rant. Patient autonomy trumped by family . . and the lawyers!
I would not have listened to the family. They were wrong. The lawyer was wrong. I would take my chances and would have never consulted the ethics committee.
In my opinion, the medical actions left the physicians and the [...]
Don’t do the Math
In the business world, bad news is usually good news—for somebody else. Ever since Merck announced, this past fall, that the pain reliever Vioxx could be linked to an increased risk of strokes or heart attacks, ads from lawyers trolling for potential plaintiffs (“Hire a Texas Vioxx lawyer,†“Vioxx injury claimsâ€) have [...]
Long time readers know that I admire Common Good’s approach to tort reform. Apparently the NY Times had good things to say on their editorial page a couple of weeks ago – unfortunately I missed it and am not willing to pay to read the entire editorial.
Common Good comments – New York Times: It’s [...]
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
US [...]
Supreme Court to weigh medical marijuana laws
Supporters of Raich and another ill woman who filed a lawsuit after her home was raided by federal agents argue that people with the AIDS virus, cancer and other diseases should be able to grow and use marijuana.
Besides California, nine other states allow people to use marijuana if their [...]
Trial lawyers and the flu vaccine shortage – from Overlawyered.
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Antitrust Lawsuit Over Medical Residency System Is Dismissed
A federal district judge in Washington on Thursday dismissed an antitrust lawsuit that contended medical residents are forced to participate in a system that ensures they work long hours for low wages.
The ruling, a major setback to the two-year-old challenge to the physician training system, follows passage of [...]
We have an unnecessary prohibition on marijuana. Just ask any policeman whether he/she would rather encounter someone stoned or drunk. Just ask any physician which drug causes more problems for their patients.
Somehow we have lumped marijuana into a general category of which it does not have membership. Crack cocaine causes many problems. [...]
US High Court to Decide Medical Marijuana Case
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Great new blog – dedicated to similar issues as Overlawyered – PointofLaw.com is a web magazine sponsored by the Manhattan Institute that brings together information and opinion on the U.S. litigation system.
I recommend going to June 23 – several discussions of Herbert’s ill advised malpractice article.
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New York State Official Sues Drug Maker Over Test Data
Understanding the problem –
Richard Merrill, a University of Virginia law professor and a former general counsel at the F.D.A, compared Mr. Spitzer’s suit to product-liability lawsuits by individuals. He said the suit was the first by a public official against the drug industry.
Pharmaceutical companies [...]
Trent over at Proximal Tubule has ranted today on drug prohibition. He did not realize that I had blogged on this issue last year. Here is his take – Paternalism In Medicine – Part III: The War On Drugs and one of my many posts – Canada providing safe sites of IV [...]
Read Overlawyered’s take on how physicians are responding to HIPAA. Medical privacy madness, cont’d
… Silly doctors, to be so spooked by the prospect of $10,000 fines for overstepping hundreds of pages of guidelines.
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Remember the Match lawsuit. It still looms. This lawsuit claims that the Match artificially suppresses housestaff salaries. But one economist argues against that claim. Harvard economist argues that Match is not anticompetitive
The National Resident Matching Program is not the culprit behind residents’ relatively low wages, says Alvin Roth, PhD, a [...]
Read this – you just may not believe it. Oh, that medical privacy
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Found this link on Drudge Report! Judge Throws Out Obesity Suit Against McDonalds
In dismissing the current suit, Sweet said that the plaintiffs had not followed his detailed instructions and he barred them from filing another version, quelling litigation fears the suit had sparked in the food industry, .
“The plaintiffs have made no [...]