Law and Public Policy

Articles relating to the law and public policy.

New bankruptcy law

After several years of trying the credit card industry has the new bankruptcy law they've been after. Tomorrow morning on CBS's Sunday Morning there will be a segment on the new law and community education classes on bankruptcy at the William S. Boyd School of Law at UNLV.

I'll have to depend on TIVO to capture it as I'll be gleaning the latest from a high tech company at the NAB Convetntion. G5 Powerbooks anyone? I wish. Surely there will be some great HD TV features of Tiger demoed.

Our family values

In an interview with the Washington Times Speaker DeLay continues the Republican assault on families. Asked whether he agrees with the White House on guest worker and immigration issues DeLay responded:

I've talked to the president about this. He thinks the country of origin is a good idea. He's open to other ideas. He's a little tough on bringing your family. But the key here is you don't want to bring your family, don't allow it - they go home anyway now illegally. They go back and forth all the time. It's not a matter of breaking up families, it's a matter of good sense. If they bring the family and they get established here, they'll never go home.

In other words it's about family values as long it is not one of those families. This kind of subterfuge just makes my blood boil. Congress has proven, very recently in the Schiavo, case that they are willing to throw their traditional family values out the window for a few political points. So if I am to understand correctly the only families that deserve to be together are those of United States Citizens and those who can come on programs that aren't guest worker programs? How does one expect that the immigrant families of guest workers are any different than students? Foreign students can have their families stay with them in the United States and they are expected to leave the country when the visa expires. What is it that would cause Mr. DeLay to expect something different of blue collar workers and their families? This sort of insidious racism and classism is thoroughly disgusting, all the more so in national leaders.

Filibusters are wrong when we disagree

Recently I received an email from Senator John Ensign, (R- Nevada), in which he states "I believe the
use of the filibuster in approving or disapproving judicial nominees is unconstitutional. Please be assured we are looking at every option to stop this practice including legal action."

Interesting. It is worthwhile taking a look at where the tradition of filibustering judicial nominations originated. At least six judicial appointments by President Bill Clinton were held up with filibusters in the previous administration. Although the practice started with the Republicans in the Senate using filibusters to block nominations they found objectionable that is not a basis for determining its constitutionality or not.

Many of the pieces of propaganda on this matter suggest the Senate is somehow duty bound to vote using a simple majority on nominations. However, the founding fathers, in the Constitution left no such guidance. The Constitution says that the President makes appointments with the "advice and consent" of the Senate. It is notably silent on how the chamber is to arrive at its consent. Perhaps they will one-day choose a 90-vote super-super-majority. That, it seems, would be equally constitutional and would likely lead to many centrist appointments.

Are many centrists better than a mixture of extremists? A question for another day...

Nevada encourages employees to have kids

The state of Nevada's Public Employee Benefit Program released the rate chart for our next year's benefits. In the past a couple with a $500 deductible paid about $18 less a year for coverage than the same couple with a child. Now, however, the scales have tipped, the family of three, five or a dozen will pay $63 dollars less a year than the couple without children. I'm not sure how this will be explained but it should be interesting.

We the people

It is not too uncommon to see the West Wing television show have some important points about governance and the process of governing. With the help of Lawrence Lessig last evening's show made a very important point about constitutional democracries. It is the culture not the document that matters. There is a critical lesson here for Iraq. One country, group of people, military, etc., no matter how well-meaning can choose the form of government for another people. Perhaps the most important phrase in the United States Constitution is "We the People," not you the former subjects of an evil dictator, not you the people of China, but We the People.

Theory of Evolution

Thursday's decision by Judge Clarence Cooper means that the Cobb County, Georgia, has to remove stickers from their textbooks reading "Evolution is a theory, not a fact."

The issue here is one of linguistics. In the scientific realm things which are well understood are called theories. In order to be equitable other theories would include the theory of gravity. Both gravity and evolution have roughly the same amount of supporting evidence. It is the desire of some religious factions to deny the origins of the human race that led to the stickers in the first place.

Judge Cooper correctly recognized that this is a religious matter, not a matter of science.

Making an impression

I haven't written about the disastrous tsunami in the Indian Ocean. What could I possibly add that would help bring any meaning to the situation? Evidently there are others who aren't so concerned. An AP story today quotes Bill Frist, majority leader of the U.S. Senate talking to a photographer taking his picture, "Get some devastation in the back." And we wonder how we Americans get a reputation for being self centered.

Truck driver or doctor, who should pay more?

The nightmare is all too real. An out of control gas tanker barrels down on a commuter on the way home from work. A long day on the road has made the driver tired, and he doesn't step on the breaks soon enough. When he does they don't respond as they should, the company, with its record of terrible maintenance is on the hook as the commuter is badly shaken up but escapes relatively unharmed.

Across town a woman goes in for a checkup after having shoulder surgery. The wound is a little puffier than it should but appears normal. It is a day later when the septic infection, a result of the improper sterilization of the surgeon's knife, sets in. By the time the problem is recognized the patient is left with life long pain.

Who should be held responsible? Should the commuter be awarded a million dollar settlement while the malpractice patient gets no more than a quarter of that amount. A few scary seconds versus a lifetime of pain and suffering? This is not the case today but if the administration gets the cap on medical malpractice they want it could soon be the case for your son or daughter.

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