New York City Can ’t Force Owners to Rent Their Property Forever
Thomas A. Berry andNicholas DeBenedettoNew York City has maintained a system of rent control since the 1940s. Property owners in the City are subject to a thicket of regulations that affect their ability to rent and limit their right to exclude—arguably the most fundamental right in the “bundle” of property rights. The cornerstone of the City’s rent control regime is the Rent Stabilization Law (RSL) which was enacted in 1969 and has been amended on multiple occasions—most recently in June 2019. The RSL has been the subject of several lawsuits throughout the decades.There are approximately one million units und...
Source: Cato-at-liberty - June 12, 2023 Category: American Health Authors: Thomas A. Berry, Nicholas DeBenedetto Source Type: blogs
Is chaos in health care leading us towards socialized medicine? How physician burnout is a catalyst.
A recurring theme expressed by many contributors and commentators to KevinMD is physician burnout. It is generally accepted that chaos causes burnout. There is no shortage of chaos in the practice of medicine: emotional, physical, personal, professional, and political stresses, not to mention the threat of lawsuits and the cost of liability insurance. This is Read more… Is chaos in health care leading us towards socialized medicine? How physician burnout is a catalyst. originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - June 2, 2023 Category: General Medicine Authors: Howard Smith, MD Tags: Physician Public Health & Policy Source Type: blogs
Affirmative Action in College Admissions
This article appeared onSubstack on May 30, 2023, and an earlier version appeared under Jacob Winter ’s byline in theHarvard Undergraduate Law Review.In a few weeks, the Supreme Court will announce its decision in two cases it heard last fall, one against Harvard and the other against the University of North Carolina. Both suits challenge race‐based affirmative action in college admissions. In each case, a group called Students for Fair Admiss ions (SFFA) argues that the universities’ admissions policies unlawfully discriminate against Asian Americans.The case against UNC rests on two issues. Under the Fourteen...
Source: Cato-at-liberty - May 30, 2023 Category: American Health Authors: Jeffrey Miron, Jacob Winter Source Type: blogs
The Fifth Amendment is Self ‐Executing
Ilya Somin andIsaiah McKinneyRichard Devillier and his family owned property abutting a highway in northern Texas, alongside other property owners. Texas built a dam next to their property to keep flood waters from flowing across the highway, which would have made it impassible. But this damming to protect the highway instead flooded and damaged the Devilliers’ property. When the Devilliers and other property owners sued for the taking of their property via the flooding, their claim was dismissed because states are sovereignly immune from lawsuits.The Devilliers had sued in state court, claiming that the state owed th...
Source: Cato-at-liberty - May 17, 2023 Category: American Health Authors: Ilya Somin, Isaiah McKinney Source Type: blogs
Proactive risk management: a game-changer in preventing physician burnout
Readers familiar with my earlier posts understand that I believe nothing causes physician burnout more than the threat of a lawsuit. The risk for any doctor is 5% per year; hence, a malpractice suit is inevitable for every 20 years in practice. The common denominator is a complication from which no doctor has immunity. Those Read more… Proactive risk management: a game-changer in preventing physician burnout originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - May 12, 2023 Category: General Medicine Authors: Howard Smith, MD Tags: Physician Malpractice Source Type: blogs
School Districts Sue Over the “Nuisance” of Online Speech
Walter OlsonI ’ve got a newopinion piece at Ricochet about a particularly disturbing new lawsuit campaign:According toeducation site The 74, at least eleven school districts around the country have sued the owners of such platforms as Snap, Instagram, YouTube, and TikTok seeking financial compensation for the “increased mental health services and training they’ve ‘been forced’ to establish” as a consequence of student use of social media.… Cash demands aside, the schools say they want to negotiate a settlement with the platforms to change how they operate.The cited article is from March, and I ’m told ...
Source: Cato-at-liberty - May 10, 2023 Category: American Health Authors: Walter Olson Source Type: blogs
Spotlighting Protester Surveillance: FOIA Lawsuit Edition
Patrick G. EddingtonThis coming May 25 will mark three years since the murder of George Floyd by then ‐Minneapolis police officer Derek Chauvin. That event sparked some of the largest political street protests since the Vietnam War era. In both cases, the federal government’s reaction was to increase domestic surveillance targeting the protesters. This time, however, two federal entities that did not exist during the 1960s protests were key players in responding to the national outcry over Floyd’s murder: the Drug Enforcement Administration (DEA) and the Department of Homeland Security (DHS).The public learned abo...
Source: Cato-at-liberty - May 2, 2023 Category: American Health Authors: Patrick G. Eddington Source Type: blogs
Lowe vs. Cerner: Large EHR company deep in lawsuit hell, and U.S. District Judge in Virginia who found in their favor was overruled. If only they had read the Healthcare Renewal Blog ...
(Source: Health Care Renewal)
Source: Health Care Renewal - April 27, 2023 Category: Health Management Tags: cerner Department of Veterans Affairs Healthcare IT failure Hon. Claude M. Hilton Lowe v. Cerner Michael A. Taylor ONC ONC ATCB oracle Peter Elkin ross koppel Ruby Lowe VistA CPRS Source Type: blogs
Coverture – Could History Repeat?
BY MIKE MAGEE All eyes were on Wisconsin – not last week, but in 1847. That’s when Wisconsin newspaperman and editor of the Racine Argus, Marshall Mason Strong, let loose in a speech on the disturbing trend to allow women the right to buy and sell property. It seems the state had caught the bug from their neighbor, Michigan, which was considering loosening coverture laws. “Coverture” is a word you may not know, but should. It was a series of laws derived from British Common Law that “held that no female person had a legal identity.” As legal historian Lawrence Friedman explained, “Essentially ...
Source: The Health Care Blog - April 17, 2023 Category: Consumer Health News Authors: Ryan Bose-Roy Tags: Health Policy Coverture Lawrence Friedman Marshall Mason Strong Source Type: blogs
The Supreme Court ’s 150‐year Mistake
Anastasia P. Boden and Matthew D. MitchellOn April 15th, Americans should be thinking about Myra Bradwell.On this day 150 years ago, the U.S. Supreme Court shut Mrs. Bradwell out of a job when eight justices ruled that she, as a woman, lacked a constitutional right to earn a living in the profession of her choice.Though the Supreme Court has come a long way in protecting equality before the law, it still refuses to protect the right to earn a living —and theBradwell case has never been overturned. The opinion illustrates the value of economic freedom, the often-discriminatory way it is denied, and the tragic consequences...
Source: Cato-at-liberty - April 14, 2023 Category: American Health Authors: Anastasia P. Boden, Matthew D. Mitchell Source Type: blogs
The gob, it is smacked
Yesterday was a very busy news day, that gave us plenty to think about, but I have to admit that my brain was most engaged by the story of the leaked classified documents. You may think that out of character, but it ' s because the other news of April 13*, however more important it may have been, unfortunately wasn ' t so surprising and strange. How can it be that a low-ranking enlisted airman has been printing out highly classified documents, folding them up and stuffing them in his pockets, walking out with them, spreading them out on his kitchen counter, photographing them, and posting them online, formonths? Now, ...
Source: Stayin' Alive - April 14, 2023 Category: American Health Source Type: blogs
Doctors: We must fight against frivolous lawsuits
Lawyers assert that they never file a frivolous lawsuit. All malpractice claims are legitimate because there is a reasonable suspicion of fault when a case is filed. On January 21, 2022, at 11:40 a.m., I received a call from my attorney, who represented me in a frivolous malpractice lawsuit, informing me that I was unconditionally Read more… Doctors: We must fight against frivolous lawsuits originally appeared in KevinMD.com. (Source: Kevin, M.D. - Medical Weblog)
Source: Kevin, M.D. - Medical Weblog - April 13, 2023 Category: General Medicine Authors: Howard Smith, MD Tags: Physician Malpractice Source Type: blogs
Real journalism, for a change
A continual irritant to the community of people who can think straight is the pervasive journalistic norm that when prominent entities -- be they individual politicians, corporate executives or general billionaires, well-paid bloviators or even clearly partisan institutions -- say stuff, it has to be treated respectfully, and when said stuff is objectively false the journalist cannot say so, and even when some other prominent entity steps forward to speak the truth the journalist is not allowed to speak, said journalist cannot adjudicate between them. Some of you are old enough to remember when the New York Times " public ...
Source: Stayin' Alive - April 1, 2023 Category: American Health Source Type: blogs
Can American Democracy Pass The Trump Stress Test?
BY MIKE MAGEE As we enter a new and potentially historic week, with a former President doing his best to reignite a Civil War in our nation, we do well to take a breath and reread James Madison’s words from Federalist No. 51. But first, a few words of history. When it came to checks and balances in this new national experiment in self governance, the Founders, while establishing three co-equal branches, left one of those branches the task of defining by practice its own power and influence. The new Constitution in 1787 awarded one branch, the elected Congress, the daunting power to impeach, convict and remove re...
Source: The Health Care Blog - March 31, 2023 Category: Consumer Health News Authors: Ryan Bose-Roy Tags: Health Policy Mike Magee Mitch McConnell Roe v. Wade Supreme Court Trump William Marbury Source Type: blogs
Supreme Court Treads Carefully in Gonzalez
Will DuffieldLast month the Supreme Court heard oralarguments inGonzalez v. Google, a case about whether Section 230 protects platforms from liability for algorithmically recommended speech. This is the first time the Court has heard a case involving Section 230, and a bad ruling wouldremake the internet for the worse. Although many had feared that justices would use the opportunity to get at Big Tech, the Court was skeptical of petitioners ' counsel Eric Schnapper ’s textual arguments and mindful of algorithms ' almost universal use in sorting information online.Going intoGonzalez,there wasn ’t a circuit split about a...
Source: Cato-at-liberty - March 22, 2023 Category: American Health Authors: Will Duffield Source Type: blogs