Saturday, February 13, 2016
Monday, November 23, 2015
Random charts - U.S. crime rates
Wednesday, October 14, 2015
Monday, June 30, 2014
Campaign finance redux
Sunday, March 9, 2014
Great quote - independence
"... the General Assembly has asked whether the declaration of independence was “in accordance with” international law.The answer to that question turns on whether or not the applicable inter-national law prohibited the declaration of independence. If the Court concludes that it did, then it must answer the question put by saying that the declaration of independence was not in accordance with international law. It follows that the task which the Court is called upon to perform is to determine whether or not the declaration of independence was adopted in violation of international law. The Court is not required by the question it has been asked to take a position on whether international law conferred a positive entitlement on Kosovo unilaterally to declare its independence or, a fortiori, on whether international law generally confers an entitlement on entities situated within a State unilaterally to breakaway from it. Indeed, it is entirely possible for a particular act — such asa unilateral declaration of independence — not to be in violation of inter-national law without necessarily constituting the exercise of a right conferred by it. The Court has been asked for an opinion on the first point,not the second..."
Saturday, June 1, 2013
Consequences (MDET)
An example of a manufacturer from the second group (anonymized to protect the innocent):



OK, so this blogger has no problem with these efforts by the device manufacturers, where he takes exception is with the legislators... Of course, this was not unexpected!
The September 29th, 2008 blog entry 'Quick reminder...' bemoaned Congress' penchant for specializing in ignorance, error, and immediate interest; in evincing a cavalier disregard of the intricacies of the matters they consider; and for 'specializing' in producing unintended consequences!
Wednesday, September 7, 2011
Saturday, July 9, 2011
Brief update I (Recycle)
Fast forward to July 2011. Over similar objections another Mexican national is executed by Texas in similar circumstances, see UN rights chief: US execution of Mexico national violated international law.
Sunday, May 22, 2011
Koh redux

Now Koh has built on to that exposition to argue that the killing of Osama bin Laden was legal....
Thursday, April 28, 2011
Great quotes

- President Obama, see Obama on Manning: “He Broke the Law.” So Much for that Trial? Hmm, quite apart from the propriety of making this comment before a trial, the first part, "we don't let individuals make their own decisions about how the laws operate', is quite rich coming from a President who seems to believe he is exempt from this...
President Obama speaks on Manning and the rule of law says it much better...
Saturday, March 26, 2011
Misc update (Pharma suits)

One (Gladys Mensing) originally sued both Wyeth (the manufacturer of the trade-name drug) as well as the generics manufacturers in state court on the grounds that they (the manufacturers) did not adequately warn of the risks of long-term usage of the drugs.
The district court dismissed her suit against the brand-name manufacturer (Wyeth), since the plaintiffs had not used their product. It also dismissed her case against the generic manufacturers on the basis of federal preemption. She then appealed to the Eight Circuit Court of Appeals, which reversed the judgment that had been made in favor of the generic manufacturers. These then appealed to the Supreme Court.
The Supreme Court accepted review of Mensing's case, and merged it with two others, agreeing to "... clarify the legal duty of makers of generic medicines to change their labels to warn consumers of a new threat of harmful side effects, and to decide whether state court lawsuits may be filed for failure to do so. .." (see here). Note: the Acting Solicitor General had recommended that the Court deny certiorari in these cases, but was ignored.
In March 2009, in Wyeth v. Levine, the Supreme Court had already ruled (6-3) that the FDCA did not preempt state failure-to-warn laws against brand-name drug manufacturers. This case will now clarify this same issue with regards to generic drug manufacturers.
Argument preview: FDA drug labeling requirements and failure-to-warn claims
PLIVA, Inc v. Mensing
Some previous blog entries related to pharma suits:
Misc update III - Feb 13th, 2011
Say what? - Aug 25th, 2010
Wyeth v. Levine - Mar 22nd, 2009
Sunday, February 13, 2011
Misc update III

Thursday, December 23, 2010
Great quotes I

Asked by a viewer about the fairness of the eight-year sentence Khodorkovsky is currently serving on charges of tax evasion, Putin borrowed a famous line from a popular Soviet film, replying “a thief must sit in prison.” He also said that the crimes of Mr. Khodorkovsky "were proven in court," before any verdict has been rendered in this latest trial. Putin concluded his remarks by calling the Russian court one of the “most humane in the world.”
“The Russian prime minister's remarks are utterly irresponsible and make a mockery of the justice system by overtly prejudging a verdict before the court issues its decision,” remarked David J. Kramer, Executive Director of Freedom House. “Mr. Putin once again has demonstrated his scornful disregard for rule of law, directly contradicting President Medvedev’s pledges to eradicate legal nihilism and dashing hopes for a justice system free from political pressure.” See Putin’s Remarks on Khodorkovsky Show Blatant Disrespect for Rule of Law.
Ok, so let's understand this. A viewer asked about the sentence Khodorovsky is currently serving i.e. Putin was asked about Khodorovsky's last trial, back in May 2005. When Putin opines that Khodorovsky got what he deserved (and would one expect anything different to come out of his mouth?), this is "utterly irresponsible" and "prejudging" the current case?
Additionally, speaking of prejudging, how is this that different from President Obama and AG Holder suggesting (in response to Republican criticism of their proposals) that convictions would be all but guaranteed if/when "terrorists" would be tried in civilian courts ??
Ed note: OK, for those readers who are turning purple with apoplexy at this 'heresy', this blogger understands that it is not free in Russia.... that the administration there is an autocratic and authoritarian kleptocracy... that the courts do what they are told versus applying the law impartially, etc. , etc. The criticism here is directed at these NGOs (Freedom House, Amnesty International, etc.), who take a comment about the past and huff and puff as if it is about the future (Note: here I'm going by their own reporting of what transpired!!), and apparently need to gin up fake outrage when there's manifestly plenty of real outrages present that need to be exposed and denounced!!
Sunday, November 28, 2010
Further "self-executing"
In both of these cases language was inserted into the treaty preamble texts declaring them to be self-executing. However when the Senate took up the ratification of the two treaties it declared them non self-executing notwithstanding the included language. Given that in Medellin the Supreme Court looked to the language of the relevant treaty to determine if it was self-executing or not, this would seem to raise a number of questions and this is discussed in the article...
Tuesday, November 23, 2010
Wednesday, August 25, 2010
Say what?

"... the pharmaceutical companies were responsible for providing 50 ml vials of propofol to ambulatory centers that would require no more than 10ml to 20 ml bottles because profit dictated the decision to do so. The larger size vials encouraged multi-dosing becoming weapons of mass infection. The result is nearly immeasurable.” - Henry Chanin's lawyer.
"... They gave no warning to doctors, gave no warning to nurses, and that’s why we have all these outbreaks in eight different countries, 11 different institutions around the world..." - The lawyer for Henry Chanin's wife. Also "... What this jury has done may be the most important thing any jury anywhere has ever done for drug safety in the history of the United States ...”
By golly, apparently those greedy pharmaceutical companies continue to put out defective product... And this courageous couple has struck a decisive blow for the safety of all patients everywhere! Well, perhaps not. The facts of the case:
- It was discovered that the Desert Shadow Endoscopy Center in Las Vegas (Dr. Deepak Desai et. al) had infected a very large number of their patients with Hepatitis C. Apparently, in a racket to make as much money as possible, this 'doctor' had his employees a) Reuse single-use vials of the anesthetic propofol on multiple patients, b) Reuse syringes and other single-use instruments, c) Rush procedures to speed up throughput, and d) Neglect to ensure that his employees were trained on how to clean endoscopes between cases.
- One of Dr. Desai's victims, Henry Chanin, decided to sue... the drug companies that manufacture the propofol used.
- Why? Well, his lawyer argued that they "... endangered public safety by producing vials that were much larger than necessary for typical endoscopic procedures, which enticed nurse anesthetists to reuse the vials among patients instead of throwing away leftover sedative..." And the complaint against the companies "... alleged product liability, negligence and disregard of known and accepted medical procedures, resulting in Henry Chanin contracting hepatitis C from exposure to contaminated vials of the anesthetic propofol. Baxter was the distributor and Teva the manufacturer of the drug..."
- The jury found in Chanin's favor and awarded him and his wife $5.1 million in compensatory damages....
- Never mind that the drug is dispensed in single-dose vials and that Teva pointed out that "the label for its propofol product clearly states that it is for single patient use only and that aseptic procedures should be used at all times ..."
- Good grief! But wait, as they say in the infomercials, there's more...
- The jury went on to award Chanin $500 million in punitive damages ($356 million for Teva, and $144 million for Baxter)!
- Apparently the jury was so generous because they felt badly for Chanin. The school headmaster now suffers from lingering joint pain, and "... he and his wife had stopped having sexual relations, for fear that he would spread the disease to her..." Oh, well, in that case...
Drugmakers Lose Hepatitis C Trial
Patient says hepatitis lawsuit just start of public safety battle
Jury Orders Baxter, Teva to Pay $500 Million In Largest Award in Nevada’s History
Ran across this insta-poll on a local Las Vegas news outlet. Apparently seven percent of the people who took this poll feel that the award was "not enough"!

Second addendum:
Apparently a number of the jurors wanted a higher award. According to reports "... "It was difficult to assess an amount to make someone wake up and make a change," (jury forewoman) Williams said. She said some jurors feared an award of $1 billion might be appealed.
Saturday, January 9, 2010
Bomb - explosive, firearm, and WMD

An indictment has been returned against Flight 253 "underwear bomber" Umar Farouk Abdulmutallab... He is charged with six counts:1. The attempted use of a WMD.
2. The attempted murder of 289 individuals ("within the special aircraft jurisdiction of the U.S.")
3. A willful attempt to destroy and wreck an aircraft.
4. Willfully placing a destructive device on an airplane that would be likely to endanger its safety.
5. That he "knowingly used and carried a firearm" in furtherance of one or more crimes of violence, and,
6. That he "knowingly possessed a firearm" in furtherance of one or more crimes of violence.
.... all of which he will be found guilty of and put away for a very long time. Per the law his bomb is considered an explosive device, a firearm, and also a weapon of mass destruction. As observed in the April 2008 blog entry, 'WMD ain't what they used to be...', the term "WMD" is cheapened by its promiscuous and indiscriminate use...
Thursday, December 17, 2009
By his own words...
In Uganda a first-term parliamentarian has introduced a bill to penalize homosexuality. It would make the act of homosexuality a felony punishable by seven years in prison; and the act of "aggravated" homosexuality punishable by life imprisonment. (Ed note: In Uganda homosexuality is already illegal). The bill also includes penalties for not reporting (a fine and up to three years imprisonment); those who engage in same-sex marriage are imprisoned for life; while anyone who "aids and abets" homosexuality is liable for seven years....Condemnation, rightly, has poured in from around the world... In defense of himself and his bill Bahati has said at various times:
"You are either anti-homosexual, or you're for homosexuals, because there's no middle point. Anybody who does not believe that homosexuality is a crime is a sympathizer..."
"The Anti-Homosexuality Bill is a nice piece of legislation. It is a consolidation of values of Ugandans and the country at large. It aims at holding the integrity of Ugandans high in the sky... The family is the epitome of creation. And anything that deviates from our family values is evil, unacceptable. This Bill is focusing on ways through which Uganda can keep her family values safe and sound... The divine role of man is that of procreation, a far cry from this mentality that man and man can live in the same house as husband and wife, or a woman marrying a fellow woman... Combating homosexuality is not easy. There is massive recruitment in schools—mostly single-sex schools...," and "... supporting the cause of this Bill will provide Uganda as a country an opportunity to provide leadership in this area of safeguarding the traditional family..."
What a piece of work!
Bill No 18 The Antihomosexuality Bill (text and link to original PDF)
David Bahati - Wikipedia
David Bahati - Ugandan Parliament page
Taboos Silence Opponents Of Uganda Anti-Gay Bill
David Bahati: Homosexuality is not a human right
Uganda MP Bahati defends gay-sex 'death penalty' bill
Sunday, July 26, 2009
Misc updates...
Needed: new legislation...
Needed: outrage leading to action... (and a sense of perspective)
Mr. Bobo, please read this article, "Katrina's Hidden Race War', find a true sense of outrage, write opeds, and petition the administration to do something to have this seriously investigated! Skip Gates is an erudite and well-spoken person, who is listened to and who has a friend in the White House. Please also get him engaged in this effort. Oh, and bye the bye, how about an explanation re why this does not outrage you as much as your friend's minor (in comparison) inconvenience...
Thursday, April 2, 2009
Progress?
The Special Tribunal for Lebanon (Tribunal Spécial pour le Liban) has recently set up shop in the Netherlands (the official opening ceremony was held March 1st, 2009).From its web site: "The mandate of the Special Tribunal for Lebanon is to prosecute persons responsible for the attack of 14 February 2005 resulting in the death of former Prime Minister Rafiq Hariri and in the death or injury of other persons. The Tribunal’s jurisdiction could be extended beyond the 14 February 2005 bombing if the Tribunal finds that other attacks that occurred in Lebanon between 1 October 2004 and 12 December 2005 are connected in accordance with the principles of criminal justice and are of a nature and gravity similar to the attack of 14 February 2005. This connection includes but is not limited to a combination of the following elements: criminal intent (motive), the purpose behind the attacks, the nature of the victims targeted, the pattern of the attacks (modus operandi), and the perpetrators. Crimes that occurred after 12 December 2005 can be eligible to be included in the Tribunal’s jurisdiction under the same criteria if it is so decided by the Government of the Lebanese Republic and the United Nations and with the consent of the Security Council."
Some previous blog entries on Lebanon:
UNIIIC progress (?!) - December 18th, 2008
Great quotes... - December 10th, 2008
Damned if you do... - November 18th, 2008
Lebanon - good grief - November 11th, 2008
Taking it back - October 28th, 2008
Litmus test quiz - September 2nd, 2008
Everything takes more time... - August 12th, 2008
At Last (Lebanon)! - July 11th, 2008
Self-examination - profound & shallow - July 7th, 2008
Some poll indicators - June 21st, 2008
Make that President Sleiman - May 25th, 2008
Le Sursis - May 21st, 2008
Lebanon - Doha noise - May 20th, 2008
Bad omen... good omen... - May 11th, 2008
Needed in Lebanon III - May 6th, 2008
Headed back down the toilet? - May 6th, 2008
Needed in Lebanon II - May 2nd, 2008
Needed in Lebanon - April 16th, 2008
Misc updates #3 - April 4th, 2008
Rogue's Gallery II - March 26th, 2008
A Rogue's Gallery - March 2nd, 2008
















