psychiatry – Overlawyered

October 2 roundup

Walter Olson — Wed, 02 Oct 2019 09:59:30 +0000

Supreme Court should step in to protect freedom of association against California’s push to obtain donor identities for controversial groups [Ilya Shapiro and James Knight on Cato certiorari amicus brief in Americans for Prosperity Foundation v. Becerra, earlier]
Civil liberties implications pretty dire if taken seriously: “Trump White House Mulls Monitoring the Mentally Ill for Future Violence” [Cato Daily Podcast with Julian Sanchez and Caleb Brown]
Online platform liability: “all the ignorance about and hostility toward Section 230 of late has been infecting the courts.” Take for example the Ninth Circuit [Cathy Gellis, TechDirt]
New book (not seen by me) by Bruce Cannon Gibney, The Nonsense Factory: The Making and Breaking of the American Legal System, draws a favorable review from Tyler Cowen and a less favorable one from Mark Pulliam;
The loophole that lets 3.1 million persons — even millionaires — collect SNAP benefits even though they wouldn’t otherwise meet eligibility standards, and why some state agencies are fine with this [Angela Rachidi and Matt Weidinger, AEI]
Mark your calendar for Harrisburg, Pennsylvania Nov. 16: I’ll be a featured speaker (as will author Dave Daley) at “Reclaiming Our Democracy: The PA Conference to End Gerrymandering” [Fair Districts PA]

Tags: California, live in person, online speech, Pennsylvania, psychiatry, redistricting reform

October 2 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Organized psychiatry and activism

Walter Olson — Sat, 13 Jul 2019 16:05:50 +0000

“Were there really more than twice as many sessions on global warming as on obsessive compulsive disorder? Three times as many on immigration as on ADHD?” Blogger and medical professional Scott Alexander at the American Psychiatric Association convention: “If you want to model the APA, you could do worse than a giant firehose that takes in pharmaceutical company money at one end, and shoots lectures about social justice out the other.” [Slate Star Codex]

Tags: psychiatry, public health

Organized psychiatry and activism is a post from Overlawyered - Chronicling the high cost of our legal system

Medical roundup

Walter Olson — Fri, 08 Feb 2019 11:02:29 +0000

Sued if you do, sued if you don’t: drugmaker faces lawsuits over failure to provide Fosamax warning that FDA told it not to provide [Jim Copland, James Beck on Merck Sharp & Dohme v. Albrecht, pending at Supreme Court]
On new APA masculinity guidelines, Sally Satel cuts to the point: will they improve the success of therapy for people seeking help? [Washington Post]
What does it mean to say the opioid litigation might follow the tobacco model? [Rob McKenna, U.S. Chamber] Citing fate of earlier gun lawsuit filed by city of Bridgeport, state judge dismisses four lawsuits filed by Connecticut cities against opioid industry [Daniel Fisher, Legal NewsLine]
I do miss the days when leaders of the public health profession focused on communicable diseases like typhus rather than running after Bloomberg grants to promote soda bans [Joel Grover and Amy Corral, NBC Los Angeles]
Cooking the books on infant mortality: about those Cuban life expectancy stats [David R. Henderson]
As artificial intelligence begins to make inroads into medical diagnosis, liability issues loom large [Beck, see related linked earlier]

Tags: Cuba, medical, opioids, pharmaceuticals, psychiatry, public health, sued if you do

Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Some thoughts on conversion therapy bans”

Walter Olson — Sat, 19 May 2018 13:54:13 +0000

It’s okay to view “conversion therapy” as worthless quackery yet still have misgivings about the government banning it, I argue [Free State Notes]

Tags: Maryland, psychiatry, sexual orientation

“Some thoughts on conversion therapy bans” is a post from Overlawyered - Chronicling the high cost of our legal system

“Tread Carefully on Mental-Health Reform”

Walter Olson — Fri, 16 Mar 2018 14:04:14 +0000

Compulsory civil commitment under a lighter burden of proof, or with less advance process? Government lists of those who have sought help with mental health problems? “Conservatives who are understandably concerned about the potential slippery slope of gun control [should] recognize a similar slickness when it comes to mental illness.” [Mike Tanner, National Review/Cato]

Tags: guns, psychiatry

“Tread Carefully on Mental-Health Reform” is a post from Overlawyered - Chronicling the high cost of our legal system

Medical roundup

Walter Olson — Mon, 23 Oct 2017 09:55:01 +0000

“Oral Contraceptives Should be Free (From the Third-Party Trap)” [Jeffrey Singer, Cato]
Arbitrator awards $17.5 million after hospital fires neurosurgeon: in retaliation, or because he didn’t disclose problems with the law unrelated to practice? [Mike Baker, Seattle Times]
Idea of empowering government to rewrite recipes for packaged food has gotten more traction in British public health sector than here [Sean Poulter, Daily Mail]
Encyclopedia time: you can look up a variety of health topics in the now-online Encyclopedia of Libertarianism including Michael Cannon on health care generally, Gene Healy and Bruce Benson on illegal drugs, Jeffrey Schaler on psychiatry. And the Routledge Encyclopedia of Libertarianism includes Jessica Flanigan on libertarianism and medicine;
If treatment deviating from the standard of care is the standard for malpractice, then some patients in pursuit of unconventional therapy choose it, and the law of waivers and of assumption of risk should respect their autonomy [Nadia Sawicki via TortsProf]
About the Washington Post’s big opioid-legislation exposé, a few questions [Robert VerBruggen]

Tags: assumption of risk, hospitals, illegal drugs, medical, medical malpractice, opioids, pharmaceuticals, psychiatry, public health

Medical roundup is a post from Overlawyered - Chronicling the high cost of our legal system

The New Yorker on guardianship abuse

Walter Olson — Thu, 05 Oct 2017 04:05:34 +0000

“That weekend, she called her parents several times. She also called two hospitals to see if they had been in an accident. She called their landlord, too, and he agreed to visit the house. He reported that there were no signs of them. She told her husband, ‘I think someone kidnapped my parents.'”

Of all the scams and outrages in the legal system that I’ve written about, few get me as angry as does guardianship abuse. Rachel Aviv’s New Yorker report from Nevada shines a light into some dark places of elder law and of the human heart. Earlier here and here (2009 Brooklyn), here (Connecticut), here (North Carolina), here, etc. (Bronx).

Tags: disabled rights, ethics, judicial system, Nevada, psychiatry, wills and trusts

The New Yorker on guardianship abuse is a post from Overlawyered - Chronicling the high cost of our legal system

December 28 roundup

Walter Olson — Wed, 28 Dec 2016 10:57:43 +0000

Washington Supreme Court: psychiatrist can be sued for failure to act when patient expressed homicidal thoughts, even though signs did not point to particular victim [Seattle Times, opinion in Volk v. DeMeerleer; compare Tarasoff duty-to-warn line of cases]
University of Oregon, which suspended a law professor over an off-campus Hallowe’en costume, could use a refresher on free speech [Josh Blackman, Jonathan Turley, Hans Bader, Susan Kruth/FIRE, Eugene Volokh]
Prenda Law saga continues: “Feds charge porn-troll lawyers in major fraud, extortion case” [Minneapolis Star-Tribune, Joe Mullin/ArsTechnica, indictment, our past coverage including this on attorney Hansmeier’s branching out into ADA web-accessibility complaints]
Alas, incoming Attorney General Jeff Sessions has been a big defender of civil asset forfeiture [George Will, syndicated/San Angelo (Tex.) Standard-Times]
Oklahoma law will force restaurants, hotels among others to post signs aimed at discouraging abortion [AP, Eugene Volokh]
Time to repeal the Community Reinvestment Act [Howard Husock]

Tags: forfeiture, law schools, Oklahoma, Oregon, psychiatry, third party liability for crime, Washington state

December 28 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Public employment roundup

Walter Olson — Fri, 03 Jun 2016 04:05:20 +0000

Union representing Seattle school cafeteria workers threatens church for giving free pizza to students [Shift WA, KOMO]
Portland: “Police chief, police union urge officers not to attend citizen review panel hearings” [Oregonian] “The Most Inappropriate Comment from A Police Union Yet?” [Kate Levine, PrawfsBlawg; Tamir Rice case, Cleveland] “Maryland’s Police Union Rejects ‘Any and All’ Reforms” [Anthony Fisher, Reason back in January]
On-the-job porn habit got Wheaton, Ill. cop fired, but if he nabs psychiatric disability, he’ll draw 65% of $87K+ salary with no income tax [Chicago Tribune]
“Why TSA Lines Have Gotten So Much Longer” [Gary Leff, View from the Wing; Robert Poole, WSJ]
Unions are biggest beneficiaries of Congress’s transit subsidy spigot. Time to apply terms and conditions [Steven Malanga]
“HUD Can’t Fire Anyone Without Criminal Charges, Even Interns” [Luke Rosiak, Daily Caller] “Here’s Why It’s All But Impossible To Fire A Fed” [Kathryn Watson, Daily Caller]

Tags: airlines, Chicago, labor unions, police unions, psychiatry, public employment, school lunch, Seattle, transit

Public employment roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Lawsuit against marijuana company over deadly Denver shooting could be first of its kind”

Walter Olson — Tue, 17 May 2016 04:15:24 +0000

A murder following an apparent psychotic break by a man who had consumed cannabis edibles results in what may be the “first wrongful-death lawsuit against the recreational marijuana industry.” [Denver Post]

Tags: illegal drugs, psychiatry, third party liability for crime

“Lawsuit against marijuana company over deadly Denver shooting could be first of its kind” is a post from Overlawyered - Chronicling the high cost of our legal system