Saturday, December 31, 2011

Red Cross Urges You To Not Sweat The Small Stuff

American Red Cross 2011 Holiday Campaign
In a new holiday campaign airing this season, Ted Danson and Red Cross encourage you to forget all the "stuff" that stresses you out during the holidays and do something that makes a difference instead.

The :60 animated campaign builds a bit of suspense throughout the ad, leaving you wondering who is talking to you and what message they have to tell.

Finally, the pay off.

"This year, let's take a break from all this stuff and give something that means something. Give the gift of hope, help and compassion to someone who needs it most ... whoever they are." Red Cross.
 
The signature Red Cross red color is used throughout the ad. At its conclusion, the gifts of hope, love and compassion are placed into a box that opens into the American Red Cross red logo. 

An utterly charming campaign, with a heartfelt message.

So, visit American Red Cross this holiday season and make a donation in the name of the people on your list this year. 
Red Cross urges you to offer compassion and help to others.


Thursday, December 29, 2011

Dear Washington Post: Ron Paul Is NOT a Champion of Civil Liberty (Updated)



[This article is now on Huffington Post.]

Washington Post "factchecker" Josh Hicks gives Ron Paul high marks for consistency. Hicks claims that Paul's proposals and voting record are 100% consistent with his political rhetoric. This conclusion, however, is woefully incorrect.

Ron Paul (along with his many fans) describes himself as a champion of civil liberties. Paul also embraces an extremely narrow conception of federal power. These two positions, however, do not always co-exist peacefully.  Consequently, Paul has sponsored legislation that would imperil the very civil liberties he claims to endorse.

Consider for example Paul's sponsorship of the We the People Act. This bill, if passed, would have dreadful consequences for the protection of civil liberties. The proposal would prohibit the federal courts, including the Supreme Court, from deciding cases challenging state laws that implicate:

1. the free exercise or establishment of religion;

2. the right of privacy, including issues of sexual practices, orientation, or reproduction; or

3. the right to marry without regard to sex or sexual orientation where based upon equal protection of the laws.

The proposal would also prohibit the federal courts from issuing rulings that "interfere[] with the legislative functions or administrative discretion of the states." Also, the bill, if passed, would "negate[] as binding precedent on the state courts any federal court decision that relates to an issue removed from federal jurisdiction by this Act."

Let's sort through the legalese. The bill would curtail civil liberties in several ways. First, it would remove all cases involving freedom of religion and the establishment of religion from the federal courts. This could harm liberty in a couple of ways. For example, if a state infringed an individual's or church's right to exercise religion, the federal courts could not intervene to redress the wrong. Only state courts could do so. On the other hand, if an individual claimed that the state had unlawfully subjected him or her to religious practice (say, by mandating that a student pray a Christian prayer in school or profess a belief in god), that individual could not pursue redress in the federal courts.  Because states still violate these constitutional rights, Paul's proposal would allow these practices to remain in place, unless state courts sided with plaintiffs.

The bill's most dangerous provision would strip the federal courts of jurisdiction in right of privacy cases. The Supreme Court has held that the Constitution establishes a right of privacy. This is great example of libertarianism. Unless individual behavior harms another person or the public, then the government needs a pressing reason for regulating it. Although the right of privacy protects individual liberty, Paul would keep the federal courts out of this important constitutional area.

As a consequence, federal courts could not decided the constitutionality of state laws that unlawfully regulate (or even prohibit) the use of contraception, restrict or ban abortion, or that deny marriage to same-sex couples. States could also ban adult consensual oral sex, anal sex, premarital sex and a host of other practices that fall within the right of privacy without any check from the federal courts.

Furthermore, the portion of the bill that would negate the applicability of any precedent prohibited by the statute would mean the immediate demise of Roe v. Wade -- a case that Paul the purported libertarian opposes. It would also mean that many other important rulings, such as cases protecting parental rights, family privacy, the right to marry, and the right to refuse medical treatment would suddenly lose all value as precedent in cases challenging state laws.

Moreover, the bill's vague language that would prohibit federal courts from issuing any ruling that would interfere with the "legislative functions or administrative discretion of the states" could enable dangerous restraints on civil liberty. For example, if a state legislature banned women from voting, the bill could prevent a court from enjoining the statute. While a court might find this law unconstitutional, it could not enjoin enforcement of it. Enforcement of rights, however, is essential to liberty itself. Without remedies, rights have no value.

Finally, even though Paul's opposition the War on Drugs and various practices involving the US military (like indefinite detention, etc.) is clearly rooted in libertarianism, his preference for state protection of rights would imperil liberty. So, while Paul opposes the federal government's War on Drugs, Paul is silent with respect to similar wars being waged in the states. This silence is striking in light of the fact that states prosecute most crimes in this nation. As president, however, Paul would not question impediments to civil liberty in the states. This omission, though consistent with his extreme views of federalism, make it impossible for him wear the libertarian label. Ron Paul is not a champion of liberty. The Washington Post is wrong.

Note: Some of this discussion is drawn from a previous article on Dissenting Justice, Five Reasons Why Ron Paul Should NEVER Become President.

UPDATE
One interesting thing about the We the People Act is the selective exclusion of only certain issues from federal court review. Paul chooses the right of privacy and the religion clauses. In so doing, he is picking the very clauses involved in progressive liberties cases with which the religious right vehemently disagrees. This is rather convenient for a Republican candidate. Paul's selective libertarianism would be a boon for social conservatives.

Wednesday, December 28, 2011

New York Times and Washington Post Articles on Congress and Wealth: Simplistic Statistical Analysis

Yesterday, the New York Times and the Washington Post published articles reporting a dramatic difference in wealth among members of Congress and the general public. Both articles show a widening wealth gap. While wealth among the general public has declined in the last two decades, it has risen for members of Congress (see Dissenting Justice analysis).

The articles both question whether wealthy individuals can properly lead the nation. The subtext, which is not so subtle in the New York Times article, implies that simply being a member of Congress creates wealth. And many readers have concluded that corruption, inside deals, insider trading, and other improper conduct explain the wealth among members of Congress.

Although these articles raise important issues, they fail because they do not analyze important issues that could explain the wealth disparities. Instead, the articles only isolate one factor for examination: the wealth of persons inside and outside of Congress. These populations, however, have many characteristics -- especially the general public.  The articles, however, do not control for any other factors that could account for a wealth disparity.

For example, a good statistical study of this issue would control for race, gender, age, educational achievement, investment behavior, and other factors that correlate with wealth (see previous article on Dissenting Justice). It is unclear whether members of Congress have greater wealth than persons with similarly situated individuals outside of Congress. Because of this failing, the articles leave the impression that membership in Congress alone explains the wealth gap.  This problem could erode the public's trust in government, which is already suffering according to opinion polls.

The Washington Post and New York Times should update these articles with more sophisticated statistical analysis. The articles both raise important questions. But, they fail to establish a solid factual foundation for engaging in an informed -- or useful -- dialogue.

Note: An updated version of my earlier discussion of this issue is now on the Huffington Post.

Tuesday, December 27, 2011

NYT Article on Congress and Wealth: More Context Please



The New York Times has published an interesting article on the wealth disparity among members of Congress and the average person in the US. The article reports that the median net worth of members of Congress is $913,000. The article does not provide the spread or the average net worth, however. The article also reports that the net worth of nearly one-half of the members of Congress exceeds $1,000,000.

The median net worth of members of Congress increased 15 percent between 2004 and 2010. The median net worth of Americans, generally, declined 10 percent during the same time period.

The article demonstrates that members of Congress have been insulated from the harmful impact of the economic downturn. The most damning analysis in the article, however, suggests that members of Congress might benefit from "inside" information when they invest money in securities. One study cited in the article concludes that investments made by members of Congress tend to outperform the market (it is unclear which market the study analyzed). Another study, however, found that the investments of members of Congress perform worse that the general investing public.

The Article Needs More Context

Although there are weaknesses in the article, it is probably safe to say that members of Congress are wealthier than the average American. The article, however, lacks a lot of information that could put this data into a more informative context.

Race, Gender and Congress

The biggest failure of the article is the omission of an analysis of the personal characteristics of members of Congress. Congress is disproportionately white and male. In the United States, these two characters correlate strongly with wealth.

There are 44 African-Americans in the House of Representatives and none in the Senate. There are 26 Latinos in the House of Representatives and two in the Senate. There are 74 women in the House of Representatives and 17 in the Senate. Two of the African-American House members are nonvoting delegates, as are two of the Latino members.

There are 13 Asian-American, Pacific Islander or Native Hawaiian members of Congress. 11 are in the House, of whom 2 are nonvoting delegates; 2 are Senators. There is only one Native American in Congress -- a member of the House of Representatives.

Blacks and Latinos are consistently poorer than whites in the US.  Furthermore, the wealth of blacks and Latinos has decreased much more sharply than the wealth of whites during the current recession. Women-headed households are also the poorest in the nation - especially households headed by women of color.

This racial and gender data provides a useful setting for thinking about the wealth data of members of Congress. Of course, several persons of color and women in Congress also possess great wealth (e.g., Nancy Pelosi, who is white, and Ed Pastor, who is male). Nonetheless, members of Congress could have disproportionate wealth because they are disproportionately white and male.

Other Relevant Personal Factors

Age

Other factors are relevant to this discussion. Members of Congress are not young. The median age in the House is 50; in the Senate it is 62. The median age in the US, however, is roughly 37.  Accordingly, members of Congress have had more time to accumulate wealth than the average person living in the US.

Former Employment

Members of Congress are also drawn from high-income professions. Most members of Congress are lawyers. Public servants/politicians and business professions rank second and third behind lawyers. There are also 17 medical doctors in Congress.

Educational Attainment

Members of Congress also have greater educational attainment than members of the general public. 92 percent of the House and 99 percent of the Senate have a bachelor's degree. 36 percent of the House and 55 percent of the Senate have law degrees. 18 members of the House have earned a Ph.D. 24 members of Congress have medical degrees. These numbers are up substantially from statistics in 1969.

By contrast, 87% of the US population above the age of 25 has a high school diploma, but only 30 percent of that demographic has a bachelor's degree. Less than 3 percent of that demographic has a doctoral or professional degree. If the entire US population were included, the percentages would, obviously, decline. Because wealth and education correlate strongly (in both directions), it is not surprising that members of Congress possess greater wealth than the average person in the US.

Wealth and Politics

Political scientists have for a long time debated the relationship between money and electoral success. According to conventional wisdom, wealthier candidates, or those candidates closely connected to wealthy individuals and corporations, enjoy more electoral success than economically disadvantaged candidates.

Several studies have challenged this conventional wisdom. Some research indicates that higher individual wealth or massive campaign donations do not influence election outcomes. Other research, however, presents a more qualified conclusion. It appears that wealth might give candidates an advantage if they are not well known or do not receive media attention. These candidates can purchase advertisements to acquire name recognition (Stephen J. Wayne, a professor of Political Science at Georgetown University, has written on this subject. See, Wayne, The Road to the White House).

Once inequality of name recognition subsides, however, some research finds that money does not substantially impact election success. This data, nonetheless, implies some connection between money and political success.

Summary

This essay does not contest the suggestion that the members of Congress can use their status as members of Congress to generate personal wealth. But this hypothesis requires more analysis than the NYT article provides.

Other explanations, such a race, gender, age, educational disparities, employment background, and pre-existing wealth (that relates to electoral success) likely explain a lot or all of the wealth disparities among members of Congress and the general public. These issues are extremely important points for public debate.

Update


Another important factor is likely investment risk tolerance. Investment in risky assets generally provides higher returns over the longterm. Studies have shown that wealthier folks, men, whites and higher educated investors have higher risk tolerance.

Tuesday, December 20, 2011

Froedtert/Medical College of Wisconsin Pioneers Patient-Centered Cancer Care

"You have cancer."

Has your life ever been turned upside down by these three little words?

These words are responsible for phrases like, "Life turns on a dime" and "We have no idea what tomorrow will bring."  One day you're living your life and the next ... your life is hanging in the balance.

According to the American Cancer Society, close to 12 million people in the United States are battling cancer at any one point in time.

12,000,000...

That equates to approximately one in four Baby Boomers.
That's roughly one-fourth of all LinkedIn users.
That's about 3% of what President Obama spent on his 2008 presidential run.
That's the number of suspected aliens living in the United States.

Even though that number is positively staggering, as the recipient of that message, you still feel like you are the only person in the world to ever have to deal with the impact of this diagnosis. You feel like no one could possibly understand what it's like to be living with this hideous creature lurking inside of you.

Intent on helping patients more effectively navigate this daunting cancer journey, Froedtert & The Medical College of Wisconsin made a bold move. They decided to look at cancer from the perspective of the patient, rather than the health care provider, ultimately redefining quality cancer care.

Their philosophy became known as The Hub Model or Patient-Centered Care. Rather than requiring the patient to move from the doctor's office to the testing lab to the place where treatment is administered, this Milwaukee-based healthcare organization had a brilliant idea: why not have all cancer treatment revolve around the patient?
Froedtert/Medical College of Wisconsin Hub Model
In 2005, they made yet another bold decision to begin construction on a new facility that would embody patient-centric care. Within three years, they would be cutting the ribbon on the manifestation of their vision. According to Froedtert's website, "The Froedtert & The Medical College of Wisconsin Clinical Cancer Center is the first cancer center in the nation built entirely around patients."
Froedtert/Medical College of Wisconsin Clinical Cancer Center
In retrospect, it looks so logical ... as brilliant ideas often do. Let's not make the patient, who is probably not feeling particularly well, deal with directions, elevators and confusing corridors. Instead, let them focus on what is most important ... getting better.

To ensure the best possible care for their patients, the Froedtert & Medical College of Wisconsin Clinical Cancer Center has a specialized team for every kind of cancer from the most prevalent to the most obscure. According to the Center, "This level of focus allows them to be completely up to date on the most effective treatments, even in today's constantly evolving cancer treatment and research environment."

The image of a crane is used throughout the facility to signify the journey a patient goes through when dealing with cancer. It embodies a sense of hope, good health and compassion.


As a 12-year cancer survivor, I cannot think of a more holistic and comforting approach to cancer than the patient-centered model brought to life by The Froedtert & The Medical College of Wisconsin Clinical Cancer Center. 

It is a wonderful example of truly understanding your target, assessing where the need gaps lie and then masterfully creating and delivering an offering that fills those gaps.

Bravo. 

Bravo Froedtert and The Medical College of Wisconsin.

Dear Newt Gingrich: Judicial Supremacy Does Not Exist

Adam Liptak of the New York Times has written an article on Newt Gingrich's views of the federal courts. The article basically contains the same information as an earlier report by the Washington Post (see analysis on Dissenting Justice). There is, however, an additional point.

Gingrich condemns what he calls "judicial supremacy." By that, I suspect that he means (the article does not explain, but this is a well known debate among legal scholars) the notion that the Supreme Court has the last word on questions of constitutional law. Gingrich cites to Cooper v. Aaron for that proposition. Decided in 1958, Cooper arose out of the standoff over desegregation in Little Rock, Arkansas. State officials argued that they did not believe segregation was unconstitutional, and they claimed that states could nullify rulings of the Court. The Supreme Court, however, said that its ruling in Brown v. Board of Education of Topeka, Kansas stated a constitutional principle, and that the Supreme Court's doctrine on the constitution is binding and controlling as constitutional law.

Many commentators argue that Cooper went beyond Marbury v. Madison (which established judicial review), and in many ways, this is a reasonable observation. But if Gingrich is really concerned about activist and imperialist judges, he could have pointed to much earlier precedent. In the early 1900s, the Court began to apply a very rigorous standard of review in cases challenging various economic and labor regulations. This infamous period is known as the Lochner era (named for Lochner v New York, a 1905 case that struck down a New York labor law in the baking industry). During the Lochner era, the Court invalidated over 200 laws - much more than during any other 3-decade period.

The Court would continue its conservative approach until the New Deal era, when it struck down several pieces of popular legislation that FDR promoted to deal with the impact of the Great Depression. Roosevelt's critiques of the Court, the terrible state of the economy, the popularity of economic legislation, and personnel changes on the Court led to a major shift in direction. The Court suddenly began applying a more relaxed standard and overruled the restrictive case law from the Lochner era.

The overruling of Lochner disproves the entire idea of judicial supremacy. While Supreme Court interpretation of the Constitution binds state and federal governments, its rulings do not end the debate over the meaning of the Constitution. Instead, the Court responds to politics, public opinion, social conditions, social movement activity, and other factors outside of mere judgment. Indeed, the involvement of the president and the senate in the appointments process ensures that the Court will reflect majoritarian or at least mainstream values.

Gingrich's rant on judicial supremacy is uninformed. It is also simply a reflection of his own ideological commitments. He limits his criticism to liberal opinions -- not conservative rulings that coincide with his own ideology.

Monday, December 19, 2011

Clark Little Takes Ocean Photography By Storm

Recently, I stumbled across a phenomenal photographer by the name of Clark Little. He romanticizes the power of Hawaiian waves ... making us feel their splendor rather than their danger.

Raised in Hawaii, Clark Little was an avid surfer known in many circles for his ability to tackle shorebreak waves head on, with little fear. It wasn't until 2007 that Clark uncovered the artistic wonder of photography, attacking the waves with a camera rather than a surfboard. At times, he puts his own life in danger to capture the unmistakable power of nature, oftentimes from the inside out.

His astounding photographs have changed Clark Little's name to a brand unto itself.

He has appeared on television shows like Good Morning America, has been exhibited at museums as prestigious as the Smithsonian, has been printed in magazines like National Geographic, has won countless awards and has commercialized his photography with the likes of Nike, Nikon, HP, Anheuser Busch, Lockheed Martin, Verizon and XS Energy Drink.

Some may say he has sold out his talent by going commercial. But, I believe it would be a shame to only offer this seldom seen beauty to a niche audience.

Take a look at a few of his incredibly powerful photographs.
Clark Little orange hued wave
Clark Little sunlit wave
Clark Little artistic waves