Health and Medicine

The Disgrace of the Health Care Reform Debacle, Brought Into Focus

/ Jack Marshall / 19 Comments

Nice image. Unfortunately, the open book is "Catch 22"

“Some prominent academics have argued that the individual mandate is a clearly constitutional exercise of the federal government’s taxing power. Some of these same academics have argued that opponents of the individual mandate’s constitutionality are well outside the legal mainstream. Yet as of today, there has not been a single federal court — indeed, perhaps not even a single federal judge — who has accepted the taxing power argument. Not a one. And yet a half-dozen federal judges have found the mandate to be unconstitutional. So which arguments are outside of the mainstream again?”

Thus did Jonathan Adler, Case Western law professor and Director of the Center for Business Law and Regulation, chide the arrogant supporters of the health care reform act who dismissed as wackos and radicals critics who were alarmed at its intrusions onto personal freedom. The 11th Circuit Court of Appeals’ rejection of the individual mandate, the provision requiring all adult citizens to buy private health insurance, is the most striking proof yet of the arrogant, unethical, dishonest, corrupt and incompetent manner in which the Democratic majority passed its version of health care reform. Continue reading →

Comment of the Day #3 on “Ethics Dunces: The Senate and House Leadership”

/ Jack Marshall / 1 Comment

Come back, Ross! We need your charts!

The third Comment of the Day on this “Comment of the Day Friday” is an epic from Michael, expanding on the theme of my original post.

“I hate the fact that no one is talking facts, only ideology. In such an atmosphere, these selections make sense. The S&P statement said our downgrade was because we failed to tacked long-term indebtedness especially the main drivers of long-term debt: Medicare and SS, but no one really wants to deal with that. To talk facts, you really need some tables, figures, and analysis. I’m not just talking about politicians, here. Isn’t this the reason we tolerate the media? Aren’t they supposed to keep us informed of about things like this so we can then get outraged by such a stupid selection of people to ‘fix’ our problem.

“Why can’t we find a news outlet that will break things down like this?” Continue reading →

No Winners, Only Losers in the Debt Ceiling Train Wreck

/ Jack Marshall / 14 Comments

I object to “a pox on all their houses” assessments on principle, because it encourages the lack of accountability. If everyone is at fault, nobody is at fault, or at least nobody will be willing to accept responsibility as long as he or she or they can point fingers at someone else. Reading all of the clichéd “Winners and Losers” columns in the media this morning as the debt ceiling crisis winds down, however, convinces me that there were no winners, only losers, in this sorry spectacle. In the latter group I include the writers of the “Winners and Losers” pieces, which are all just spin, obvious and biased attempts to extract a writer’s favorites from the train wreck using the rhetorical Jaws of Life.

They are all losers, all of them, together with the United States of America. The perfect storm of cowardly, irresponsible, reckless, stupid and arrogant leadership weakened the recovery, weakened the economy, weakened foreign faith in American investments, weakened American prestige, split the Republican Party, revealed the Democratic Party as hell-bent on chasing the European-style nanny state even as their model is crumbling abroad, exposed the Tea Party as a unmannerly mess of deluded doctrinaire ideologues with no grasp of political or economic realities, and most disastrously of all, showed the American President to be hopelessly, pathetically, frighteningly weak, devoid of leadership skills and leaderly instincts. Continue reading →

Comment of the Day: “Scent Branding, Mind-Control, and Ethics”

/ Jack Marshall / Leave a comment

Elizabeth was the first one to dive into this murky, interesting, science fiction/ “Brave New World” issue that I examined in  “Scent Branding, Mind-Control, and Ethics,” on a topic that confused me more the longer I considered it. What resulted was unusually long, perhaps accounting for the lack of comments, and Elizabeth’s reaction is long as well, but worth reading. There is something potentially sinister here, or perhaps around the corner—or just in our imagination and fears. Scent manipulation, and all it implies, is in the wilderness of ethics, where human nature, science and commerce meet.

Here is the “Comment of the Day”:

“I agree this is a complicated issue.  As you said, restaurant smells (natural, I assume) tend to make people hungry (or more hungry than they really are), as do waiters with large platters of beautiful food which often encourage patrons order more, different, and perhaps more expensive food than what they may have had in mind.  The goal of the restaurant is to sell food:  if memory serves, it’s only been in the last 20 years or so that restaurants had at least parts of their kitchens open to the dining area so “good smells” could waft out from them.  My memory from childhood of elegant restaurants were the multiple green baize doors that completely closed the kitchen off from the dining room.  So was this change intentional or simply simpler and cheaper as restaurant designs?  I don’t know, but it’s different. Continue reading →

Scent Branding, Mind-Control, and Ethics

/ Jack Marshall / 9 Comments

Agreed: this is scary. We're not there yet. We don't even know if "there" exists.

A recent article on the web that purported to explore the ethics of “scent branding” was fascinating for two reasons.

First, “scent branding” is a term I had never encountered before, for a practice that I had not focused on. About five seconds of thought, however, made me realize that indeed I was aware of the phenomenon, and had been for quite a while. “Scent branding”—using fragrances in a commercial environment to create a desired atmosphere and to prompt positive feelings, recollections and emotions from patrons—has been around a long, long time, though not under that label. When funeral parlors made sure that their premises smelled of flowers rather than formaldehyde, that was a form of scent branding. Progress in the science of scent allowed other businesses to get into the act: I was first conscious of the intentional use of smell when I spent a vacation at the Walt Disney World Polynesian Villages Resort. The lobby and the rooms had a powerful “tropical paradise” scent, a mixture of beach smells, torches and exotic fauna. It was obviously fake, like much in Disney World; also like much in Disney World, I found it effective, pleasant, and fun. I certainly didn’t think of it as unethical. I was normal in those days, however.

Well, more normal.

The second aspect of the article, entitled “Is it Ethical to Scent Brand Public Places?”, that caught my attention was that it had an obvious agenda. The piece was opposed to scent branding, and set out to find the practice unethical in order to justify condemning it. Continue reading →

Ethics Quote of the Week: Washigton Post Reader Elizabeth Grover

/ Jack Marshall / 7 Comments

“Sun wrote: ‘Most doctors will not perform abortions beyond 22 or 24 weeks for various reasons, including legal concerns, social stigma, inadequate training or inexperience.’ She left out perhaps the biggest reason: Most doctors believe that late-term abortions are morally wrong.”

—-Elizabeth Grover of Washington, D.C., in a letter published in the Washington Post “Free for All” section. Reader Grover was commenting on a glowing Post profile of Maryland physician Dr. LeRoy Carhart by feature writer Lena Sun, extolling his willingness, indeed eagerness, to perform late term abortions, which are illegal in several states. Dr. LeRoy dismissed state restrictions on abortions of any kind as “ridiculous.”

Grover was absolutely correct to flag the bias and misrepresentation in Sun’s article. Continue reading →

Religious Tolerance Ethics: Pro

/ Jack Marshall / 7 Comments

Yes, India, worshipping this silly thing means you are all mad as hatters. Now come to a rational church, and chow down with us on some body and blood of Christ. Hey...what's so funny?

In  State v. Daley, the Ohio Court of Appeals reversed a trial court’s mental incompetence verdict and order of treatment for the defendant  because it appeared to be based solely on the defendant’s passionate religious beliefs.

Daley was charged in March 2010 with retaliation, intimidation, aggravated menacing, menacing, and telecommunications harassment. The trial court referred Daley to the court’s psychiatric clinic for a competency evaluation, and the evaluating psychiatrist opined that Daley was not competent to stand trial because he was not able to assist in his defense.

At the competency hearing, Daley testified that, to the contrary, he was able to continue assisting his attorney in his defense. He also testified that his opinions about the legal system, such as his description of divorce court as the “high court of Satan,” were based on his religious belief that divorce is against the word of God. Nevertheless, the trial court found Daley incompetent to stand trial and ordered him hospitalized for restoration to competency. It based its opinion on the diagnosis of the psychiatrist, who testified that Daley, a “radical Christian,” “expresses such extreme intensity of religious belief in very unorthodox religious beliefs to the point to constitute psychosis.” The psychiatrist further testified that treating Daley would “change his psychotic symptoms of which are a religious theme[,]” so that his “intensity and [ ] preoccupation with his religious beliefs will be greatly decreased.” Continue reading →

James O’Keefe—Still Faking, Still Recording, Still Unethical

/ Jack Marshall / 3 Comments

This is all your fault, Allen Funt!

The latest James O’Keefe Candid Camera stunt is supposed to show corruption in the Medicaid system. As in his earlier video hit-jobs on ACORN and NPR, O’Keefe’s colorful crew of community theater rejects pose as outrageous and unsavory stereotypes—this time, drug-smuggling Russians with the worst accents since “Rocky and Bullwinkle,” who are pimping out their “sisters” for sex. The O’Keefe Players manage to find a jolly, badly-trained, none-too-swift Ohio Medicaid worker who giggles away their confessions of wanting to defraud Medicaid and dealing illegal drugs. The video of the dumb encounter—dumb charade, dumber government employee—has been posted on YouTube. More of the same, presumably, is on the way.

If you’re as bored with this as I am, please tell O’Keefe to stop. Of course his act is as unethical as his “Russians'” accents are embarrassing: Continue reading →

Ethics Hero: Jim Brown

/ Jack Marshall / 4 Comments

Wne Jim Brown talks, people tend to listen.

I have mixed feelings about Jim Brown, the legendary N.F.L. running back and former movie star (“The Dirty Dozen”), stemming from the fact that loving a woman and beating her up never seemed to be mutually exclusive actions to him. His domestic problems aside, however, Brown has also periodically used his fame and status to draw needed attention to important issues, and he has just done so again, calling out the N.F.L. players’ union for apparently failing to make the welfare of retired players part of their impending deal with the league’s owners.

“Why isn’t the union talking about health care, better health care?” Brown recently told reporters. “Why aren’t they talking about better pensions? You definitely need a health plan that goes beyond five years; you definitely need a better pension plan.” Continue reading →

Eight Glasses of Water and the Climate Change Bullies

/ Jack Marshall / 21 Comments

Never mind.

A surprising new report announces that the well-established health standard that we should all drink at least eight glasses a day is a myth, with no data to support it.  Moreover, the report says, drinking so much water may actually be harmful.  Meanwhile, widespread acceptance of water and hydration as a health benefit has led directly to the explosion in the use of bottled water, wasting money and creating an environmental crisis with so many discarded plastic containers.

I would hope that such news, and we get these kind of sudden “never mind!” stories with fair regularity, might convince some of the more insulting critics of global warming skeptics to temper their contempt.
The ideologues and conspiracy theorists who refuse to accept that the world is warming—though nobody really knows how much or how long—and that the effect is likely caused by mankind—though nobody can say with certainty that mankind can reverse or stop it—are rightly derided, up to a point. But those who question the astonishing certainty with which some climate change scientists, Al Gore, and a passel of pundits, columnists and bloggers who barely passed high school chemistry claim to know what the effects of global warming will be, even though doing so requires extensive estimates, extrapolations and assumptions, are being no more than prudent, considering how frequently far simpler scientific conclusions have proven to be flawed, exaggerated, or as may be in the case of  the eight glasses of water, just plain wrong. Prudence is especially appropriate when speculative science transmuted into doctrine calls for huge expenditures of scarce resources and the re-ordering of national priorities, effecting nations, commerce, businesses and lives. Continue reading →