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	<title>
	Comments on: December 20 roundup	</title>
	<atom:link href="https://www.overlawyered.com/2006/12/december-20-roundup/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2006/12/december-20-roundup/</link>
	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: markm		</title>
		<link>https://www.overlawyered.com/2006/12/december-20-roundup/comment-page-1/#comment-5131</link>

		<dc:creator><![CDATA[markm]]></dc:creator>
		<pubDate>Fri, 22 Dec 2006 12:43:01 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4323#comment-5131</guid>

					<description><![CDATA[Re Florida homeowner&#039;s insurance: Who&#039;d a thunk there&#039;d be a problem with insuring homes built on a big sandbar that gets hit frequently by hurricanes?
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			<content:encoded><![CDATA[<p>Re Florida homeowner&#8217;s insurance: Who&#8217;d a thunk there&#8217;d be a problem with insuring homes built on a big sandbar that gets hit frequently by hurricanes?</p>
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		<title>
		By: Ima Fish		</title>
		<link>https://www.overlawyered.com/2006/12/december-20-roundup/comment-page-1/#comment-5130</link>

		<dc:creator><![CDATA[Ima Fish]]></dc:creator>
		<pubDate>Fri, 22 Dec 2006 08:22:03 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4323#comment-5130</guid>

					<description><![CDATA[Regarding the &quot;Jury&#039;s lack of smoking break not reason to undo death penalty&quot; story.  The Court&#039;s opinion is actually even more interesting than how the press presented it.

First, the court states that there is no constitutionally protected class of jurors with a right to smoke.  That makes sense.

But then the opinion goes on and claims that deliberating juries should never be allowed to smoke as they should never be separated from each other.

Now maybe the justices in the Ohio Supreme Court have never actually tried a jury case before, but I work as a clerk for a judge and believe me, the holding is ridiculous.

I think they have been watching too much TV.  Courts do not put up jurors at hotels nor are jurors banned from going to the bathroom.  They&#039;re only deliberating when they are in the deliberation room and while in there they work at their own discretion.

In the real world, when people work on problems they take mental breaks to refresh themselves every so often, but supposedly in Ohio jurors are supposed to work straight through deliberations doing absolutely nothing else until a verdict is reached.

I&#039;m damn glad I&#039;m not a judge&#039;s clerk in Ohio!
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			<content:encoded><![CDATA[<p>Regarding the &#8220;Jury&#8217;s lack of smoking break not reason to undo death penalty&#8221; story.  The Court&#8217;s opinion is actually even more interesting than how the press presented it.</p>
<p>First, the court states that there is no constitutionally protected class of jurors with a right to smoke.  That makes sense.</p>
<p>But then the opinion goes on and claims that deliberating juries should never be allowed to smoke as they should never be separated from each other.</p>
<p>Now maybe the justices in the Ohio Supreme Court have never actually tried a jury case before, but I work as a clerk for a judge and believe me, the holding is ridiculous.</p>
<p>I think they have been watching too much TV.  Courts do not put up jurors at hotels nor are jurors banned from going to the bathroom.  They&#8217;re only deliberating when they are in the deliberation room and while in there they work at their own discretion.</p>
<p>In the real world, when people work on problems they take mental breaks to refresh themselves every so often, but supposedly in Ohio jurors are supposed to work straight through deliberations doing absolutely nothing else until a verdict is reached.</p>
<p>I&#8217;m damn glad I&#8217;m not a judge&#8217;s clerk in Ohio!</p>
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		<title>
		By: Deoxy		</title>
		<link>https://www.overlawyered.com/2006/12/december-20-roundup/comment-page-1/#comment-5129</link>

		<dc:creator><![CDATA[Deoxy]]></dc:creator>
		<pubDate>Thu, 21 Dec 2006 11:42:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4323#comment-5129</guid>

					<description><![CDATA[&quot;obviously criminal endeavors (statutory rape)&quot;

Be careful what you call &quot;obvious&quot;.  REAL example: man at bar picks up woman at bar.  She is drinking.  She has an ID showing her to be 21.  They go back to his place... and he is later arrested for statury rape, since she was only 15.  &quot;Obvious&quot;?

As to the Claritin thing... Um, so if I and my wife both take it, then w each have to go to the stor and buy our own?  And my children, too?  How unbelievably psychotic.
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			<content:encoded><![CDATA[<p>&#8220;obviously criminal endeavors (statutory rape)&#8221;</p>
<p>Be careful what you call &#8220;obvious&#8221;.  REAL example: man at bar picks up woman at bar.  She is drinking.  She has an ID showing her to be 21.  They go back to his place&#8230; and he is later arrested for statury rape, since she was only 15.  &#8220;Obvious&#8221;?</p>
<p>As to the Claritin thing&#8230; Um, so if I and my wife both take it, then w each have to go to the stor and buy our own?  And my children, too?  How unbelievably psychotic.</p>
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		<title>
		By: Daniel Haszard		</title>
		<link>https://www.overlawyered.com/2006/12/december-20-roundup/comment-page-1/#comment-5128</link>

		<dc:creator><![CDATA[Daniel Haszard]]></dc:creator>
		<pubDate>Thu, 21 Dec 2006 11:32:49 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4323#comment-5128</guid>

					<description><![CDATA[Overlawyered is spot on,too many lawyers.I am the one who got sick from product defect.I will NOT give the bastards 45% of mt settlement.

At a glance,zyprexa was promoted &#039;off label&#039; to uses that weren&#039;t FDA approved.This opens up a can of worms for patients like myself took it for PTSD for which it was ineffective and moreover gave me diabetes.

True,leaked documents don&#039;t convey the &#039;whole picture&#039; but what is compelling is that zyprexa is the 7th some say 5th largest drug sell in the world and Eli Lilly&#039;s #1 drug sale by their own admission.
This is for a drug that won&#039;t get you &quot;high&quot; cost $2.50 a pill and only indicated for less than 1% of the population.
Hello! Somebody in Lilly land is pushing zyprexa hard-Daniel Haszard
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			<content:encoded><![CDATA[<p>Overlawyered is spot on,too many lawyers.I am the one who got sick from product defect.I will NOT give the bastards 45% of mt settlement.</p>
<p>At a glance,zyprexa was promoted &#8216;off label&#8217; to uses that weren&#8217;t FDA approved.This opens up a can of worms for patients like myself took it for PTSD for which it was ineffective and moreover gave me diabetes.</p>
<p>True,leaked documents don&#8217;t convey the &#8216;whole picture&#8217; but what is compelling is that zyprexa is the 7th some say 5th largest drug sell in the world and Eli Lilly&#8217;s #1 drug sale by their own admission.<br />
This is for a drug that won&#8217;t get you &#8220;high&#8221; cost $2.50 a pill and only indicated for less than 1% of the population.<br />
Hello! Somebody in Lilly land is pushing zyprexa hard-Daniel Haszard</p>
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		<title>
		By: Justinian Lane		</title>
		<link>https://www.overlawyered.com/2006/12/december-20-roundup/comment-page-1/#comment-5127</link>

		<dc:creator><![CDATA[Justinian Lane]]></dc:creator>
		<pubDate>Thu, 21 Dec 2006 09:36:00 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4323#comment-5127</guid>

					<description><![CDATA[Funny thing about the Sudafed laws.  We passed them here in Michigan.  So I can&#039;t buy a box of cold medicine without showing ID and jumping through hoops.

But I *can* go right into a convenience store and buy a bottle of pure ephedrine without showing ID.  The brilliant minds (including my own state rep) behind the Michigan law left a nice loophole for &quot;asthma medicine&quot; like ephedrine pills.

I&#039;d offer to send some to you to help with your allergies, but that would probably make me a drug trafficker.
]]></description>
			<content:encoded><![CDATA[<p>Funny thing about the Sudafed laws.  We passed them here in Michigan.  So I can&#8217;t buy a box of cold medicine without showing ID and jumping through hoops.</p>
<p>But I *can* go right into a convenience store and buy a bottle of pure ephedrine without showing ID.  The brilliant minds (including my own state rep) behind the Michigan law left a nice loophole for &#8220;asthma medicine&#8221; like ephedrine pills.</p>
<p>I&#8217;d offer to send some to you to help with your allergies, but that would probably make me a drug trafficker.</p>
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		<title>
		By: Jkoerner		</title>
		<link>https://www.overlawyered.com/2006/12/december-20-roundup/comment-page-1/#comment-5126</link>

		<dc:creator><![CDATA[Jkoerner]]></dc:creator>
		<pubDate>Thu, 21 Dec 2006 09:30:51 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4323#comment-5126</guid>

					<description><![CDATA[I cannot believe the police waste their time arresting Claritan D purchasers when there is real crime occurring!  I also cannot believe that this offence is strict liability - I thought there were limits on what could be enforced with strict liability, at least to limit those laws to small matters (parking tickets) and obviously criminal endeavors (statutory rape).  Unlike possessing a machine gun, I cannot believe that people should realize buying an extra pack of Claritan is a criminal matter.
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			<content:encoded><![CDATA[<p>I cannot believe the police waste their time arresting Claritan D purchasers when there is real crime occurring!  I also cannot believe that this offence is strict liability &#8211; I thought there were limits on what could be enforced with strict liability, at least to limit those laws to small matters (parking tickets) and obviously criminal endeavors (statutory rape).  Unlike possessing a machine gun, I cannot believe that people should realize buying an extra pack of Claritan is a criminal matter.</p>
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		<title>
		By: Seth		</title>
		<link>https://www.overlawyered.com/2006/12/december-20-roundup/comment-page-1/#comment-5125</link>

		<dc:creator><![CDATA[Seth]]></dc:creator>
		<pubDate>Thu, 21 Dec 2006 08:28:24 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/wpblog/?p=4323#comment-5125</guid>

					<description><![CDATA[The question of trade-offs in resident work hours is an interesting one.  ACGME limited the number of hours to 80/week, but even that is averaged over a four week period.  Perhaps unsurprisingly, I&#039;m not convinced that marathon shifts yield a net benefit.

One thing that is perhaps missing from the scarcity question is that scarcity of residents is artificial - ACGME, as I understand it, regulates the number of available residencies.  A classic case of rent-seeking?

Could we solve for at least one of the potential costs (scarcity) by removing this barrier to practice?
]]></description>
			<content:encoded><![CDATA[<p>The question of trade-offs in resident work hours is an interesting one.  ACGME limited the number of hours to 80/week, but even that is averaged over a four week period.  Perhaps unsurprisingly, I&#8217;m not convinced that marathon shifts yield a net benefit.</p>
<p>One thing that is perhaps missing from the scarcity question is that scarcity of residents is artificial &#8211; ACGME, as I understand it, regulates the number of available residencies.  A classic case of rent-seeking?</p>
<p>Could we solve for at least one of the potential costs (scarcity) by removing this barrier to practice?</p>
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