4/04/2004

California lawmakers are attempting to head off a crisis in the worker?s compensation system by authoring bipartisan legislation intended to cure the increasingly problematic system.

California's 91-year-old system has been troubled for the better part of the past decade. But with premiums doubling and tripling, the economy stagnant and businesses threatening to leave the state, fixing it has become a priority for lawmakers and Gov. Arnold Schwarzenegger.

The system is costly (payments have increased from $6.4 billion in 1997 to an estimated $25 billion in 2003), confusing, and rife with fraud and mismanagement. California employers pay the highest workers? comp premiums in the nation and yet payouts fall well short of most other states. Legislators have been cajoled by the governor to come up with meaningful changes or face a ballot initiative mandating structural changes. While all sides agree the current system is unworkable, the details of the reform are hotly contested.

Some of the hottest sticking points are:
--Stricter guidelines for permanent-partial disabilities Permanent disabilities makes up to an estimated 80% of all costs. Employers desire stricter oversight in this area.
-- Physician choice Employers want more say over the doctors who make treatment recommendations.
-- Rate regulation and immediate benefits Labor would like the anticipated cost savings of reform passed on to employers rather than to insurance companies.

Schwarzenegger wants to require doctors to use "objective medical findings" to determine if an employee has a work-related injury. Injuries would have to be "reproducible, measurable or observable." He also wants to require employees to show that a cumulative injury -- one that develops over time -- was substantially caused by work.

Another troublesome factor is the disproportional payouts for different industries. For instance, the payout for workers in the construction industry or farm workers are considerably higher than many white collar professions, like the currently depressed IT industry. This discrepancy is so worrysome that some industries are examining their own, separate solutions.

While late word has lawmakers close on general terms, it appears that the major overhaul demanded by most won't occur in this proposal.
At this moment in time, like "Seinfeld" before it, "Arrested Development" is an under appreciated slice of comedic perfection, its writing so good as to be staggering and the acting both subtle and wildly physical, a meshing of words and deeds we haven't seen since, well, since "Seinfeld."-Tim Goodman, San Francisco Chronicle

Critically praised, but lightly watched, Arrested Development is struggling for its life on Fox. The laugh-track free show centers around Justin Bateman’s straight man Michael Bluth. He's a responsible widower who works to raise a son and run a business while the company’s founder (and Michael’s father) sits in prison awaiting trail for corporate malfeasance. Such notables round out the cast as Mr. Show’s David Cross (who is a never-nude), Jessica Walter as the deliciously drunken WASP Kitty Bluth, and Portia de Rossi as Michael’s twin sister Lindsay.

Fox is well known for taking critically acclaimed shows off the air before an audience can be found and replacing it with cheaper, more profitable programming. The wit and relative depth of the show isn’t making it any easier. Bateman describes the challenge well, Bateman says: "The show is unpredictable, and it takes time to get it. You miss a word in the first act, and four jokes in the third act aren't going to pay off. That's one of the reasons we are having problems building an audience."

So folks warm up the Tivos, and catch what just might be the funniest sitcom in some time before it’s gone for good.

3/30/2004

In the wake of Clarke's apology to families of 9/11 a reporter apologizes for the media's tepid response to the ramp-up to war.

3/26/2004

The F.B.I. and D.H.S. are creating a program that will allow private companies to screen individuals against their terror database. (I'm sure there is no cause for concern)
Booger eaters rejoice! It's good for you.

3/17/2004

The folks who brought us the Scopes trial have passed a measure making it illegal for homosexuals to live in Rhea County.

3/16/2004

The Bush Administration has come under heavy criticism for a series of television spots that defend the President's position on Medicare. Unlike typical campaign commercials, these segments are intended to look like news broadcasts. The Department of Health and Human Services is releasing the segments, complete with fake reporters and talking points for local newscasters. Home Front Communications, which produced the segments, offers guidance to news agencies:

In one script, the administration suggests that anchors use this language: "In December, President Bush signed into law the first-ever prescription drug benefit for people with Medicare. Since then, there have been a lot of questions about how the law will help older Americans and people with disabilities. Reporter Karen Ryan helps sort through the details."

(It appears that Karen Ryan is an actor rather than a reporter)

The GAO is investigating if the videos are actually "covert propaganda". Kevin W. Keane, a spokesman for the Department of Health and Human Services claims this is not a new practice, "The use of video news releases is a common, routine practice in government and the private sector," Mr. Keane said. "Anyone who has questions about this practice needs to do some research on modern public information tools."

With even some conservatives concerned about the soaring cost of Medicare, the issue appears to be important to the coming campaign.






3/10/2004

The financially battered West Contra Costa schools were in an uproar Tuesday after the school board became the first in California to pull the plug on high school sports in a sweeping series of cuts that will also close school libraries and eliminate music programs.

The cuts came shortly after voters in the district shot down a new round of funding for the schools. It wasn't long after the ruling that the impact was truly felt. Fiscal woes have beleaguered the district for some time, but they are not alone in the region. The Mt. Diablo school district is considering charging kids $100 to participate in after school sports. (an idea currently in use by other districts around the country.)

Some consider sports to be a trivial pursuit. Others suggest the loss of access to teams and competition that fuel personal development to be something that is desperately needed by those most at risk. Some have attempted to rally professional athletes and local sports organizations for help. (No word yet from musicians or librarians). Since this story plays out in various versions again, and again, what can be done?

2/25/2004

The uber-powerful pension fund California Public Employees' Retirement System said it will withhold its votes for Disney CEO Michael Eisner. This is a staggering blow to Eisner's efforts to retain control of the media giant.

2/20/2004

Rap is corny. What once was a vital, interesting subgenre of music has become little more than, in the words of Slate?s Sasha Frere-Jones, ?a retread of Mafia clich?s, letters to Penthouse, or Rolex commercials.?

There are some buzz worthy exceptions, including the rising star Kayne West, whose stylings are anything but ?corny?.

?West is a comedian, social critic, hedonist, and Christian?, an earnest satirist who seems to enjoy poking fun at himself as much as he does rap conventions.

From the other side of the pond comes East London?s Dizzee Rascal. Widely successful and a genre buster Dizzee is leading the way with a style called Eskimo Dance (or Eski, or more commercially, Grime).

Dizzee and his peers are descended from the U.K. garage scene. But garage, a light, syncopated blend of house music with flashes of American R & B and Jamaican music, is suited to the sweet and sincere?Sweet and sincere do not describe Dizzee particularly well?The tempos are faster than hip-hop's. Jay-Z, for example, favors the 100 beats per minute range. Grime lives around 130 BPM, a zone of urgency and movement. 50 Cent sounds like Simon and Garfunkel next to Dizzee Rascal.

Dizzee and West may be interesting but they are clearly different from what?s going on in hip-hop in general. Is there a way out of the artistic and stylistic morass mainstream rap has found itself in? Maybe it needs to embrace the fact that for now, rap is pop.
You can spread some sunshine to couples waiting to get married outside of City Hall in San Francisco; send them flowers!

2/17/2004

A just law is a man-made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law. To put it in the terms of Saint Thomas Aquinas, an unjust law is a human law that is not rooted in eternal and natural law.-Dr. Martin Luther King

Civil disobedience or just plain disobedience? San Franciso Mayor Gavin Newsom's stunning announcement to offer marriage licenses to same sex couples is causing some to wonder if he's not losing whatever moral high ground he held. His Hounour has made no bones about the fact that his intent is to force the legality of bans against same sex marriage, a law he clearly feels is unjust. While some argue that he's engaged in the sort of noble act that would make Dr. King proud others say he's actually usurping the will of the people he has sworn to uphold. Comparing Newsom to Roy Moore Rod Dreher wonders:

why was it wrong for Judge Roy Moore of Alabama to unilaterally declare federal law wrong, and defy it by installing a Ten Commandments monument in a courthouse rotunda ... but it's okay for San Francisco Mayor Gavin Newsom to unilaterally declare state law wrong in prohibiting same-sex marriage, and defy it by issuing marriage licenses to gay couples?

2/10/2004

An Afghan boy who was at Guantanamo reports that he had a good time.

1/30/2004

If this isn't the worst toy ever, I don't know what is.

1/21/2004

Man dies from too much weed. Drug warriors rejoice!!
The World Economic Forum decides to chill as they plot world domination.

1/16/2004

FIFA president suggests ways to raise interest in the women's game.

1/08/2004

One of the most significant side effects of 9/11 is how international travel has been impacted. The ability for a variety of people around the word to meet, recreate, and conduct business was a vital and robust part of economic and cultural exchange. The delays and headaches of travel since that fateful day have been well documented, and the fallout continues.

The United States, in an effort to better track the comings and goings of foreign visitors recently implemented a program to fingerprint and photograph many who enter the country with a visa.

Despite significant concerns, the travel industry appears to be mollified that the system works well. Logistically most were pleased “the problems were minimal and that the procedure added perhaps a minute at most to immigration processing.”

As always in matters such as these, some wonder if the delicate balance between liberty and security was tipped in a dire direction. Also cause for concern is how this might impact America’s perception by other nations. Brazil recently began a retaliatory fingerprinting program aimed at American tourists entering their country. The program is being lobbied against heavily by Rio and other tourist-centric Brazilian cities. Ironically proving once again how desperately people thirst for unfettered travel.

1/05/2004

America’s efforts to bring terror suspects to trial has suffered some embarrassing setbacks in recent weeks. The decision to try some suspects in special military tribunals and other’s in federal courtrooms has been perceived by some to be unfair or unjust and certainly has the taint of arbitrariness. The conundrum, as Thomas Powers writes, is that there is a need for openness and due process that is at odds with the premium placed on secrecy.

Ordinary criminal courts are not designed for trying terrorism suspects. As a practical matter, they do not routinely provide the kind of security for witnesses, judges, and jurors that is required where terrorist attack and reprisal are a concern. More important, they cannot meet the need for secrecy that may arise from the use of sensitive testimony derived from confidential sources.

He suggests that a third way should be embarked upon, federal terrorism courts.

To deal with terrorism cases that could be handled under the ordinary criminal law (as were, for example, the 1993 World Trade Center bombing, the Oklahoma City federal building bombing, and the case of Zacarias Moussaoui), Congress should create a new specialized court. This terrorism court would incorporate special security measures, protect the secrecy of sensitive information and sources, and make provision in its evidentiary rules for the peculiar situations arising from operations on a battlefield or its equivalent. Terror suspects should know the charges against them, have access to attorneys (specially trained, with the proper security clearances), and enjoy a right of appeal. To ensure independence from executive branch influence, federal judges with lifetime appointments should fill the bench. A terrorism court would provide a framework for the emergence of a body of precedent and the development of a cadre of specially trained expert judges and lawyers. There is some precedent for a roughly similar arrangement in the U.S. Foreign Intelligence Surveillance Court, created in 1978 and expanded under the Patriot Act.

If the rule of law is to be used to combat the horrors of terrorism is there a way to balance the need for secrecy with the desire for justice?

12/30/2003

Strike three, life sentence, for cheating on a driver's exam. Only in America.