Wednesday, July 15, 2015
A Compendium of Links relating to Systems of Oppression
1.) "Explaining White Privilege to a Broke White Person"; Or, What is Privilege in terms of Intersectionality
2.) "Lesbian, Gay, Bisexual, Transgender Workplace Issues"; Or, Some Economic Issues facing the LGBT Communities post-Obergefell (2015)
3.) "One job, two lives: LGBT in the American workplace"
4.) "Marrying Health and Human Rights: How LGBT Health and Population Health Will Improve Because of Marriage Equality"
Tuesday, January 27, 2015
Hegesias of Cyrene: The "Death-Persuader"
Through his arguments Hegesias persuaded many of his listeners to starve themselves to death.
~Plutarch, On Affection for Offspring
There once came a cynic to Alexandria, who preached so compellingly of the evils of life and the virtue of death that following his fiery sermon the city fell witness to a conflagration that caught hold of the lives of many of its citizens--either dying by their own hand or those being fortunate enough to have died by the hand of a loved one.
There once came a cynic to Alexandria, who preached so compellingly of the evils of life and the virtue of death that following his fiery sermon the city fell witness to a conflagration that caught hold of the lives of many of its citizens--either dying by their own hand or the more fortunate who died from the hand of a loved one.
There once came a cynic to Alexandria, who preached so compellingly of the evils of life and the virtue of death that following his fiery sermon the city fell witness to a conflagration that caught hold of the lives of many of its citizens--each dying either by his own hand or from the gracious hand of a loved one.
NB: In the final iteration, I took fortune out but left fatality in because it really doesn't matter in the end.
Friday, December 19, 2014
Ramblings on the "Word" Problem of Eastern Mysticism
Is there a presupposition about the "present reality", i.e., that only the present "moment" is real?
Why does only the present possess reality? Does not the past & future posses as much reality as the present?
Cannot all time(s) be reality? Can it not be that it is all the Times all the time?
Vonnegut on the reality of Times and the all-too-human perception thereof, Slaughterhouse Five: "The most important thing I learned on Tralfamadore was that when a person dies he only appears to die. He is still very much alive in the past, so it is very silly for people to cry at his funeral. All moments, past, present, and future, always have existed, always will exist." (2.7.2)
The "stream" flows regardless of our presence--our Dasein.
Or, does our perception/observation play an active, "real" role in reality, such that our Being really affects Time?
Time Being contingent upon past, present, & future, equally. [...]
Heraclitus: One never steps into the same stream twice. [...] All things flow.
Tuesday, December 9, 2014
The "issue" of abortion and negative eugenics
The issue of abortion like many legal concerns is also an ethical one. The most famous legal case concerning abortion is Roe v. Wade (1973); this may be related to the fact that it is perhaps the most politically polarizing U.S. Supreme Court case in recent history. However, initially after its decision in 1973 public approval was met by a majority of men and woman—Republicans (68 percent) even more so than Democrats (59 percent)—according to a Gallup poll. This convergence of public support with legal ruling was short-lived. By the late 1970s, the abortion issue became entangled with partisan politics and the rise of the religious Right, which has to this day divided our country and especially the Republican Party. In a tactic known as divide and rule, politicians could play these newly created single-issue voters against one another in a largely incoherent, semantic debate between “pro-life” and “pro-choice”. As Ronald Dworkin pointed out:
“[P]eople’s opinions about abortion do not come in only two varieties, conservative and liberal. There are degrees of opinion, ranging from extreme to moderate, on both sides, and there are also differences of opinion that cannot be located on a conservative-liberal spectrum at all.”
For example, whether a later abortion is worse than an earlier one does not appear to be distinctly either liberal or conservative. What constitutes an ethical abortion—if such a thing can be said to exist at all—has been politically linked to the legal question: Does a woman’s right to an abortion fall within the right to privacy protected by the Fourteenth Amendment? The Supreme Court from Roe v. Wade (1973) through Webster v. Reproductive Health Services (1989) has come to answer this question with a nuanced Yes. The decision in Webster may have reaffirmed the constitutional concept of right to privacy, utilized in Roe v. Wade, but it has renewed abortion as a political issue on the state and local levels.
Skinner v. Oklahoma ex rel. Attorney General (1942)
This case concerning the involuntary sterilization of repeat criminal offenders of “moral turpitude” was decided, interestingly enough, when across the Atlantic the Germans were
practicing a most infamous process of negative eugenics. A basic definition of
justice is treating like cases alike. The court having found stare
decisis in Buck v. Bell (1927) may have found the due
process protected by the Fifth and Fourteenth Amendment lacking in this case
since “the defendant is given no opportunity to be heard on the issue as to
whether he is the probable potential parent of socially undesirable offspring”.
Ultimately, however, Justice Douglas did not cite the lack of due process or
even Skinner’s concerns over the cruel and unusual punishment as material to
the court’s decision, but rather found that the statue constituted a denial of
equal protection guaranteed under the Fourteenth Amendment since some offenses
of equal magnitude and otherwise identical punishments were omitted from the
statue (e.g. white-collar crime). Treating embezzlement in a manner that is
grossly different from larceny seems to be unjust.
The purpose of the statue under review
was to eradicate undesirable genetic propensity for criminal activity of “moral
turpitude”. Putting aside the “view of the state of scientific communities”,
this preventive theory of crime and punishment—which is commonly utilized in
the defense of the death penalty—is arguably immoral. As Oliver Wendell Holmes,
Jr., who had wrote for the court in Buck v. Bell, stated that the
preventive theory is immoral since it “furnishes no measure of the amount of
punishment, except the lawgiver’s subjective opinion in regard to the
sufficiency of the amount of preventative suffering… and treats man as a thing,
not as a person; as a means, not as an end in himself” (cf. Immanuel Kant’s Grounding
for the Metaphysics of Morals).
Sunday, November 30, 2014
Information Asymmetry in Health Care
A continuing concern in health care is fraud litigation—the cost of which has been on the rise since the Department of Justice began keeping statistics in 1987. For the past fiscal year, the settlement and judgment recoveries in health care fraud cases was $2.615 billion. Most of these cases are initiated by qui tam ‘whistleblowers’. In fact, 90 percent of health care fraud cases are qui tam actions; this percentage has also been on the rise. This may be the result of what may be understood as the moral hazard arising from the relationship between the government and the qui tam relator. The government has conceded its civil responsibilities to qui tam relator with the guise of gathering ‘insider information’ of false claims. Under the False Claims Act, relators are guaranteed a significant portion (usually around 20 percent) of any recovered damages. This, of course, creates an incentive for qui tam relators since rewards or settlements tend to be quite lucrative; the total of which for 2013 was $318,029,245.
The notion of moral hazard was famously applied to health care by the Nobel laureate, Kenneth Arrow, so as to explain how widespread medical insurance increases the demand for medical care. Simply put, moral hazard is the effect of insurance on incentives. Moral hazard increases the aggregate costs since an insured party is less averse to risk due to the knowledge that any losses from risky behavior will be borne by the insurer. Applying this notion to qui tam false claims cases, we come to perceive the government as an insured party since the relator insures the government from the costs associated with initiating litigation and pursuing discovery. This, in turn with the incentives provided by the generous awards available under the False Claims Act to a qui tam relator, increases the number of anti-fraud cases prosecuted and arguably decreases their quality.
United States v. Greber (1985)
This case highlights the inherent asymmetry of information in the health care field. Where there happens to be disagreement between circuit courts on the issue of kickbacks, this court properly sides with the broader view taken by Hancock (1979) and Tapert (1980). The 1977 amendments—the "Medicare-Medicaid Antifraud and Abuse Amendments"—were “intended to combat financial incentives to physicians for ordering particular services patients did not require”. In order to address the wide range of ‘inducements’ resulting from kickbacks and/or remunerations that produce problems of information asymmetry, an equally expansive interpretation of the 1977 amendments was utilized by the district court and then affirmed by the circuit court.
The physician acts on behalf of his patient as an agent—ideally for the principle’s health. However, when kickbacks are afforded to the physician, he may be less likely to act solely in the interest of his patient's health—who is unaware of these ‘inducements’. The physician may order a blood test from a particular laboratory, not because this laboratory is the most cost-effective (or even because the test is medically appropriate), but because it offers him a kickback in whatever form that it may happen to take. The patient and the insurer—Medicare—are not made aware of this inducement and thus an information asymmetry is created. A physician who acts in such a manner betrays the trust that is necessary for the physician-patient relationship to operate optimally. Moral hazards and adverse selections in health care lead to an increase of aggregate costs and largely unnecessary services and procedures; as such, health care providers ought to take care to assure they provide care that is necessary and not wholly contingent upon financial incentives.
This case highlights the inherent asymmetry of information in the health care field. Where there happens to be disagreement between circuit courts on the issue of kickbacks, this court properly sides with the broader view taken by Hancock (1979) and Tapert (1980). The 1977 amendments—the "Medicare-Medicaid Antifraud and Abuse Amendments"—were “intended to combat financial incentives to physicians for ordering particular services patients did not require”. In order to address the wide range of ‘inducements’ resulting from kickbacks and/or remunerations that produce problems of information asymmetry, an equally expansive interpretation of the 1977 amendments was utilized by the district court and then affirmed by the circuit court.
The physician acts on behalf of his patient as an agent—ideally for the principle’s health. However, when kickbacks are afforded to the physician, he may be less likely to act solely in the interest of his patient's health—who is unaware of these ‘inducements’. The physician may order a blood test from a particular laboratory, not because this laboratory is the most cost-effective (or even because the test is medically appropriate), but because it offers him a kickback in whatever form that it may happen to take. The patient and the insurer—Medicare—are not made aware of this inducement and thus an information asymmetry is created. A physician who acts in such a manner betrays the trust that is necessary for the physician-patient relationship to operate optimally. Moral hazards and adverse selections in health care lead to an increase of aggregate costs and largely unnecessary services and procedures; as such, health care providers ought to take care to assure they provide care that is necessary and not wholly contingent upon financial incentives.
Saturday, November 29, 2014
Concerning the profound superficiality of the Greeks
The truth embodied by the Olympians dis-appeared with the parting of the Veil of Minerva. There had existed a superficial profundity to their forms; they had given us art and a reason to be. But this naive quest for "truth" at Sais has left us barren. Verily, we sacrificed even more than Isis to "truth"!
We, moderns, have killed God through the carelessness of the scientific method's search for "truth". But what, now, shall fill the void we have created? We stand without the metaphysical grounding God had furnished us... Or, do we fall without any sense of direction?
Friday, May 23, 2014
The Algebra of Need
Immediately after his shot the heroin addict is cheerful, almost ebullient. This active response to the shot quickly gives way to the "nod" or "nodding out." The junkie's goal with each shot of junk is to "get the nod on,” to get into the detached state of twilight sleep in which the long reveries of the opiates can unfurl themselves. In this state there is no pain, no regret, no distraction, and no fear.
Junk yields a basic formula of ‘evil’ virus: The
Algebra of Need. The face of 'evil' is always the face of total need. A
dope fiend is a man in total need of dope. Beyond a certain frequency need
knows absolutely no limit or control.
Heroin addicts exist in a pyramid of total need, one level
eating the level below (it is no accident that junk higher-ups are always fat
and the addict in the street is always thin) right up to the top or tops as
there are many junk pyramids feeding on peoples of the world and all built on
the basic principles of monopoly.
Junk is the mold of monopoly and possession. The addict
stands by while his junk legs carry him straight in on the junk beam to
relapse. Junk is quantitative and accurately measurable. The more junk you use
the less you have and the more you have the more you use. All the hallucinogen
drugs are considered sacred by those who use them; there are Peyote Cults and
Bannisteria Cults, Hashish Cults and Mushroom Cults—"the Sacred Mushrooms
of Mexico enable a man to see God"—but no one ever suggested that junk is
sacred. There are no opium cults. Opium is profane and quantitative like money.
~William Burroughs & Terence McKenna~
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