Worry over security played a big role in the presidential campaign -- and plays it still. For persisting in
of D.C. is the naive if popular opinion that government is "on our side" -- that it is an impartial protector
even seeing to it that we shall not want. Sure.
In "Shakedownþ" Robert A. Levy, a senior fellow in constitutional studies at the Cato Institute, says su
opinion leaks. Our Framers were far above such leakiness. Thus did their constitutional checks and balan
to stem abuse of power. They knew that Brutus still lurks about, that as Thomas Jefferson noted in 1788,
natural progress of things is for liberty to yield and government to gain ground."
That gain is tracked by the author. He sees Washington, D.C.'s leading industry as not tourism but spe
interests milking a giant, most cooperative cash cow, with consumers and taxpayers getting hit by many
"baseless lawsuits."
Apart from antitrust, the extortion lobby works three routes: one, through victimizing smokers and a b
socked tobacco industry; two, through anti-gun advocates circumventing the Second Amendment and sta
legislatures by suing in court and in the process victimizing gun manufacturers and potential gun owners
three, through seductive tort liability and antitrust systems hobbling our economy via perverse "regulatio
through litigation."
Mr. Levy titles part one of his two-part book "Tort Law as Litigation Tyranny" and part two "Antitrust
Corporate Welfare for Market Losers." This libertarian pulls no punches.
But what about the rising tide of tort cases that push up, among other things, medical malpractice insu
premiums to six-figure heights and force many doctors, such as gynecologists and obstreticians, out of bu
Up go the costs of of office and hospital visits, hurting many family budgets.
The author supplies a neat reply. As a federalist as well as a libertarian, he believes in states' rights, in
Amendment: "The powers not delegated to the United States by the Constitution, nor prohibited by it to t
States, are reserved to the States respectively, or to the people."
He adds, "There is no constitutional right to health care." He sees state medical malpractice reform as
ubiquitous. He cites more than three dozen states with damage caps, with all 50 states passing or conside
some kind of malpractice reform.
Mr. Levy decries the fact that many congressional Republicans as well as liberal Democrats milk an ex
lobby. The author would invoke the 14th Amendment to check state tort laws which deny both procedura
Page 1 of 2 Washington's extortion lobby -- The Washington Times
2/22/2005 http://www.washingtontimes.com/functions/print.php?StoryID=20050219-110442-5649r
substantive protection against quasi-criminal punishment.
Federalist no. 78 is persistent in its sort of justifications of the Constitutions vagueness. The letter claims that the judiciary branch is of the least danger of t...
Constitutional Commentary, Vol. 27, Issue 2 (Fall 2011), pp. 347-360 Volokh, Eugene 27 Const. Comment. 347 (2010-2011)
Moore, W.D. The fourteenth amendment’s initial authority: problems of constitutional coherence. Temple Political and Civil Rights Law Review. 2014. Vol NN:N. pp101-132.
When learning about the reception of these resolutions by the constitutional convention, part of me isn’t surprised, given the prevailing views at the time; another part of me is shocked that these men can simply ignore the wrongs that have been so clearly laid out in front of them. It reminds me that we have wrongs that are allowed in today’s society, which may be more subtle, but no less important, and are ignored by our representatives.
...merican community. The Constitution of the United States of America also defines that the federal government does not have authority outside the established clauses in the Preamble.
Tort reformers believe that courts must reduce the ability of defendants’ liability in order to avoid economic decline. In the years to come, the proposals likely to generate the biggest dispute include malpractice and class-action reform, limits on noneconomic and punitive damages, and a legislative solution to asbestos legation (Rushmann, 2006). There are many lawsuits. But the frivolous lawsuits should not be taken seriously and not cost our courts and citizens time and/or money.
For hundreds of years doctors and other medical professionals have gotten away with little to no punishment when doing wrong in the medical field. Medical Malpractice happens in the care of the reckless medical professional and can be stopped by the correct supervision and discipline. Although medical malpractice is something huge, it could be eliminated by just taking a little extra time and review the care that is being given to a patient. Would you allow someone to give the care you’re giving to others, to your own family? You need the bed, so you discharge early. Patients aren’t properly informed. Legal documents aren’t thoroughly explained. Shortage of staff, hospital downsizing, or mergers. (“Nursing Center”) The only thing that the medical team should be worried about it the care of all of the patients. The medical field would become more advanced if the actual medicine was practiced the right way. Lives are being compromised everyday with incompetent doctors, practicing medicine. Medical Malpractice can be solved with the buckling down of the medical professionals, and the administration that watch over these professionals. Medicine is a complicated field, where lives, money, and careers are put on the line for such an important matter. Together, we can lessen, even eliminate Medical Malpractice all
Sarpel, U., Vladeck, B. C., Divino, C. M., & Klotman, P. E. (2008). Fact and Fiction: Debunking Myths in the US Healthcare System. Annals of Surgery, 247(4), 563-569. doi:10.1097/SLA.0b013e318159d566
Professor Skeptic claims that this was another reason that the constitution was created. He argues that distrust of the public was a major factor in the creation of the constitution. Again, I submit that the Professor is mistaken, for if the Framers distrusted the public, then why would the Framers pick a form a government that “the supreme power is held by the people” (Definition of Republic from Dictionary.com). In a republic, the power is in the hands of the people, otherwise known as the public. The legislature is elected by the people, the president and head of the executive branch is elected by the people, and the people’s choice for president nominates the most important judiciary members (Supreme Court). The Framers however, were afraid of a majority oppression. They were weary of a system of government that allowed 51 percent of the people to oppress 49 percent of the people. That is why there are ways that the minority can stall and protect their interests; one example of this is through a filibuster. With that said, what scared the Framers the most was big government, not the public. In all his claims, Professor Skeptic’s most illogical and inaccurate claim is that the Constitution does not create a “real democracy.” The United States of America is a Republic. A true democracy is when every single person votes on every single issue. Instead, we elect representatives that represent our interests. They represent our votes, and
Because the Missouri Supreme Court ruled against the removal of Nancy Cruzan’s artificial hydration and nutrition on the grounds that “clear and convincing” evidence of Nancy’s wishes was not provided, the Cruzan family appealed the decision to the United States Supreme Court arguing that Nancy was being deprived of her right to refuse medical treatment. The Supreme Court ruling affirmed that competent patients have the right to refuse unwanted medical treatment, but also noted that incompetent patients are not capable of exercising this right. Consequently, states may establish their own safe-guards to govern cases in which a substituted decision maker wishes to refuse treatment for an incompetent patient. This ruling therefore upheld the decision of Missouri’s Supreme Court.
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
Rising medical costs are a worldwide problem, but nowhere are they higher than in the U.S. Although Americans with good health insurance coverage may get the best medical treatment in the world, the health of the average American, as measured by life expectancy and infant mortality, is below the average of other major industrial countries. Inefficiency, fraud and the expense of malpractice suits are often blamed for high U.S. costs, but the major reason is overinvestment in technology and personnel.
In the modern day, health care can be a sensitive subject. Politically, health care in America changes depending on whom is President. Obamacare and Trumpcare are different policies regarding health care, which many people have passionate feelings towards. However, not many Americans are informed about Norman Daniels’ view on health care. Throughout this paper I will be outlining Norman Daniels’ claims on the right to health care, and the fundamental principles in which he derives to construct his argument. By means of evaluating Daniels’ argument, I will then state my beliefs regarding the distributive justice of health care.
health care, only those who are “privileged” enough to afford health care can receive it. So is this what health care in the United States is and should be?Arnold Schwarzenegger the former Governor of California stated “Health care is not a right, but its cause is a government interference in the healthcare system. The solution is to leave doctors, patients and insurance companies free to deal with each other on whatever terms they choose, not to socialize American medicine” (Russo). Schwarzenegger then went on about how this would cost the government too much money and that this is not the answer to the healthcare improvement (Russo). Sen. Shelia Keuhl, the senator that wrote the bill stated in a press release “It’s important to understand that vetoes of health reform legislation have very serious consequences […] Because of these vetoes, there will continue to be very little regulation of the runaway health insurance market and no protections for consumers”
“The real costs of medical malpractice have little to do with litigation but the lost lives, extra medical expenses, time out of work, and pain and suffering of tens of thousands of people every year” (Baker 1). The effects of malpractice in the health care field are a major issue in today’s society. Working on a more profitable and safe way to ensure the prevention of malpractice is what should be worked on to promote a safe and comfortable environment for the people. There are many errors that malpractice portrays in the healthcare field such handling medical situations: informed consent, foreign objects, and operating on the wrong body part. Also with these mistakes come major lawsuits against the healthcare system and liability on the doctors become crueler. Many of the doctors are leaving and that remain practice in fear and silence. Making sure that the healthcare professionals are fit to do the job is what needs to be accomplished in order to have a structure and effective healthcare system.