Posts Tagged ‘Barack Obama’

October 30 roundup

“Troubling signals on free speech”

In “a little-publicized October 2 resolution … [the U.S.] State Department joined Islamic nations in adopting language all-too-friendly to censoring speech that some religions and races find offensive, notes Stuart Taylor, Jr.’s new column for National Journal. Legal academics, including some who have gone on to join the Obama Administration, have sketched out doctrines indicating “how the resolution could be construed to require prosecuting some offensive speech and how it could be used in the long run to change the meaning of our Constitution and laws… In my view, Obama should not take even a small step down the road toward bartering away our free-speech rights for the sake of international consensus.” More: Reason, Jonathan Turley/USA Today. And (h/t comments): A Monday statement by Secretary of State Clinton is being widely greeted as reaffirming a free-speech position, but Taylor is not convinced that it undoes the damage. Nor, it seems, are Eugene Volokh and Ilya Somin.

P.S. What Rick Brookhiser told the Yale Political Union about that cartoonless Mohammed-cartoons book from Yale University Press [NRO] And here’s word that in the U.S., liberal church denominations will ask the FCC to probe conservative broadcasters [Jeffrey Lord/American Spectator]

“Congresswoman: Tort reform to be a part of final health care bill”

Or at least something traveling under that name, if Rep. Doris Matsui (D-Calif.) is right. [Legal NewsLine] More: “CBO: Tort reform would reduce deficit by $54 billion” [Ed Morrissey/Hot Air] Liability insurance premiums in Georgia fell by 18% after state capped noneconomic damages [American Medical News]

September 28 roundup

National Journal blogger’s poll on med-mal

Some interestingly cross-cutting results, summarized by National Journal as “Would Tort Reform Make Pill Easier To Swallow? Right-Leaning Bloggers Say They’d Support A Health Care Bill That Included It; Some Left-Leaners Would Hold Their Nose For It.” The results, though, may have been influenced by wording that was susceptible to multiple interpretations. I added this comment, raising a sub-issue that I think might make a good topic for bipartisan discussions:

My pet proposal? Work on out-of-court dispute resolution methods for the sizable share of medical care the federal government already provides. Alas, Congress is headed in the other direction, as with its interest in opening up med-mal suits by active-duty personnel against military doctors.

More: David Kopel, Volokh.

“Obama’s medical malpractice opportunity”

“In his speech tonight, the president shouldn’t forget tort reform.” (John Avlon of the Manhattan Institute, City Journal).

P.S. Maybe he was listening. In his speech tonight, Obama made a non-trivial gesture toward critics’ views on the subject, acknowledging that defensive medicine drives up costs and “prompting an eruption of applause from Republicans at Wednesday’s joint session of Congress.” [UPI]. From the same article:

“I know that the (George W.) Bush administration considered authorizing demonstration projects in individual states to test these issues,” Obama said. “It’s a good idea, and I am directing my Secretary of Health and Human Services (Kathleen Sebelius) to move forward on this initiative.”

On the politics of the gesture, see Jake Tapper/ABC, news-side WSJ (cross-posted from Point of Law).

Some reactions: Dr. Wes notices language recycled from the med-mal plan championed earlier by then-Sen. Obama and Sen. Hillary Clinton (D-N.Y.) My reaction? I think trying a bunch of demonstration projects to see how they work is actually one of the better reform ideas at the federal level, but obviously a great deal depends on how the demonstration projects are picked and designed. Projects might be selected from a list of ideas pre-vetted for acceptability to the litigation lobby, or at worst might even be designed to fail. I agree with Ron Miller: when it comes to actual policy, “Let’s just say President Obama is keeping his options open.” (bumped Thurs. a.m.)

And more: okay, maybe I gave the President too much credit above on having acknowledged the costs of defensive medicine: his exact wording was “defensive medicine may be contributing to unnecessary costs” (emphasis added). Ramesh Ponnuru: “A demonstration project for med-mal reform — don’t we already have one, called Texas?” Carter Wood notes that demonstration projects on med-mal reform have been shot down by Congressional Democrats in recent years. Dan Pero calls the gesture an “olive twig“. And from commenter Jack Wilson: “How come tort reform is the only part of this plan that needs to go through a demonstration project?”

September 2 roundup

  • Cops in London borough “remove valuables from unlocked cars to teach the owners about safety” [UPI, Sullum/Reason “Hit and Run”, Coyote]
  • “Trial starts for PI lawyer accused of paying bribes (to Texas insurance managers) for settlement” [ABA Journal]
  • Tort reform in Oklahoma takes effect Nov. 1, so law firm advises getting those lawsuits filed quickly [The Oklahoman]
  • Patent assembler Intellectual Ventures says it’s averse to suing. Its close partners, on the other hand… [Recorder, earlier]
  • Bill to assert U.S. control of waters whether “navigable” or not is major federal power grab [Kay Hutchison and Nolan Ryan, Dallas News]
  • California high court rules in Taster’s Choice photo-permission case [Lowering the Bar, WSJ Law Blog, earlier]
  • Civil libertarians, secularists protest as Ireland criminalizes blasphemy [Volokh, Irish Times (Dawkins), MWW and more]
  • He knows about big paychecks: “Obama’s ‘Pay Czar’ Made $5.76M Last Year as a Law Firm Partner” [ABA Journal]