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      Daily Hits. Links from other news sources. Reprints from others.

      What’s making the news.

      • Post author By MC
      • Post date March 21, 2023
      • No Comments on What’s making the news.
      Todays news. WSJ Photo

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      What’s making the news.

      Good morning. This day could go down in history. Former President Donald Trump said that he expects to be arrested over an investigation into a hush-money payment today. And yesterday afternoon, the NYPD began installing steel barricades around Manhattan’s Criminal Court.

      It’s still not a sure thing, but if Trump is indicted and arrested, he’d be the first former president to face criminal charges. His lawyers have said that if it happens, he’ll follow standard arrest procedures, including getting fingerprinted and having a mugshot taken. Should be an interesting day.

      —Sam Klebanov, Jamie Wilde, Neal Freyman, Abby Rubenstein

      • Markets: Regulators in Switzerland seem to have given US markets a boost by calming investors’ fears of a banking crisis (at least for now). Stocks closed higher yesterday, and regional US banks started gaining again, with PacWest jumping up the most. But not all regional banks—First Republic’s shares plummeted once more, and Jamie Dimon is reportedly trying to engineer another fix for the struggling lender.
      • Amazon will lay off another 9,000 staffers. The e-commerce giant recently finished letting go of 18,000 employees, but it’s already announcing another round of job cuts to reduce spending. The layoffs will take place over the next few weeks and will include workers in its cloud computing, Twitch, advertising, and human resources divisions. The reductions come after Amazon’s ranks swelled to help the company meet surging demand when nobody could go to stores during the pandemic.

        Xi Jinping is visiting “dear friend” Vladimir Putin. China’s leader began a three-day visit to Russia yesterday, meeting with Putin even as the West tries to keep Russia isolated because of its invasion of Ukraine. China has called the trip a “journey of friendship, cooperation, and peace,” while the US has derided it as “diplomatic cover” for alleged Russian war crimes. The US is concerned China may try to sell weapons to Russia or push a peace deal that leaves Russian troops in Ukraine.

        CDC issues warning on fungus. In a possible inspiration for future seasons of The Last of Us, the CDC said yesterday that a fungal threat to human health is growing at “an alarming rate” in health facilities across the US. Candida auris, a drug-resistant and sometimes deadly fungus that grows as a yeast, has now been detected in more than half of all states after first being found in the US in 2016. The fungus can cause infections and is especially dangerous for older people and people with weakened immune systems.

        How funny is this? Junk Science.

        If humanity wants to avoid a Mad Max-like future, the world needs to act now to rein in climate change, a new UN-backed report stressed. “The climate time-bomb is ticking,” said United Nations Secretary-General António Guterres. “Humanity is on thin ice—and that ice is melting fast,” he added for dramatic effect.

        Hundreds of scientists from around the world worked together to create the report. One finding the panel has “very high confidence” in? “There is a rapidly closing window of opportunity to secure a livable and sustainable future for all.” Cue Lloyd Christmas saying, “So you’re telling me there’s a chance?”

        It’ll take some elbow grease—err, biofuel—to claw back climate change

        Greenhouse gases need to be reduced by 50% by 2030 to keep climate change within 1.5 degrees Celsius of pre-industrial levels—and so far, the world’s on track to miss this target. By the early 2050s, we’d need to reach net zero CO2 emissions to stick to the goal.

        Some key tools in the world’s “survival guide,” per the report, which…are all somewhat “duh”:

        • Increase solar and wind power
        • Make cities more bikeable and walkable
        • Cut back on agricultural pollution and limit food waste

        Looking ahead…Guterres is putting the onus on high-income nations (ahem, US) to use their resources to limit their CO2 emissions by 2040—ten years before the rest of the world.—JW

        What else is brewing
        • France’s government narrowly survived no-confidence votes, paving the way for President Emmanuel Macron’s unpopular plan to raise the retirement age to take effect.
        • The new CEO of Starbucks, Laxman Narasimhan, took over from founder Howard Schultz two weeks earlier than planned.
        • Eggs have gotten so expensive that Dollar Tree can no longer make a profit selling them.
        • Rupert Murdoch, the 92-year-old executive chairman of News Corp, is engaged to be married for the fifth time.

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      Daily Hits. Links from other news sources. Reprints from others.

      Your daily news from Morning Brew.

      • Post author By MC
      • Post date March 15, 2023
      • No Comments on Your daily news from Morning Brew.
      Todays news. WSJ Photo

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      Your daily news from Morning Brew.

      TECH

      Meta downsizes…again

      Mark Zuckerberg lookin sadIllustration: Morning Brew, Photo: Getty

      We’re beginning to learn what Meta’s “year of efficiency” means in practice: fewer employees.

      Yesterday, CEO Mark Zuckerberg said Meta plans to lay off 10,000 employees, just four months after it laid off 11,000 staff members. That round of layoffs, impacting 13% of Meta’s workforce, represented the biggest job cuts in the company’s history.

      Not only is Meta laying off 10k employees, but it’s also closing 5,000 open roles. This is not a company that wants to onboard many people right now.

      Why is that?

      Meta is looking to reduce costs as part of what Mark Zuckerberg calls the “year of efficiency.” Last year was “a humbling wake-up call,” Zuck said, citing economic uncertainty and increased competition (aka TikTok) for denting the company’s ad revenue.

      But Meta made plenty of unforced errors, too. And by dubbing 2023 “the year of efficiency,” it’s acknowledging that previously, things were not very efficient.

      That starts with hiring. Meta has been criticized for growing its headcount so rapidly that many employees had nothing to do.

      • In a viral TikTok video, one former Meta employee said, “we were just sitting there” and “you had to fight to find work.”
      • A report in Wired argues that Meta’s headcount got bloated due to “ghosts in the machine”—employees who were brought on to launch new products and stayed on the payroll even when those products failed.

      Putting the recent layoffs in context: Even after shedding 21,000 jobs, Meta will still have a higher headcount than it did before the pandemic. In the boom times of 2020 and 2021, it hired more than 27,000 employees.

      Zoom out: While the US labor market remains strong, layoffs have spiked in 2023. Companies announced 180,713 job cuts in January and February—the most to start any year since 2009, according to Challenger, Gray & Christmas. About one-third of the layoffs took place at tech companies.—NF

                  

      WORLD

      Tour de headlines

      An MQ-9 Reaper takes off August 8, 2007 at Creech Air Force Base in Indian Springs, NevadaEthan Miller/Getty Images

       A Russian fighter jet crashed into a US drone. In the first known physical contact between US and Russian aircraft since the invasion of Ukraine, a Russian fighter jet collided with a US surveillance drone in international airspace above the Black Sea, damaging a propeller and forcing the US to bring the drone down. At least that’s what the US claims happened: Russia denied that the plane came into contact with the drone. According to one US official, drones have been intercepted in the area before, but this incident was particularly “unsafe and unprofessional.”

       ​​ChatGPT is old news. OpenAI released its much-hyped GPT-4 AI language model yesterday, representing an advancement over the tech that powers ChatGPT. GPT-4 is wowing reviewers with its ability to understand not only text but also images (even complex memes). Plus, it crushes its predecessor GPT-3.5 on academic assessments: On a simulated bar exam, GPT-4 scored around the top 10% of test takers, while GPT-3.5 scored around the bottom 10%.

       EPA moves to get “forever chemicals” out of drinking water. The EPA proposed regulations yesterday to limit the amount of six types of industrial chemicals allowed in drinking water. PFAS, as they are known, cause health problems including cancer. Though many companies have begun phasing out the chemicals, a 2020 study found that 200 million Americans are exposed to PFAS in tap water.

      FINANCE

      What happened to Signature Bank

      Signature logo with downward arrowJakub Porzycki/NurPhoto via Getty Images

      We’ve written at George R. R. Martin-length about the collapse of Silicon Valley Bank, the second-largest banking collapse in US history. But did you know that the third-biggest bank failure happened just two days after SVB imploded? The deets are juicy.

      On Sunday, regulators seized the assets of NY-based Signature Bank and gave senior management the boot, but they assured its depositors that they could access all of their money. Signature was deemed a threat to the US financial system after panicked customers reportedly withdrew 20% of its total deposits.

      But leaders inside the bank say authorities overreacted, led by none other than Barney Frank, the former US representative on Signature’s board. If that name sounds familiar, it’s because Frank crafted key banking regulations in the aftermath of the 2008 financial crisis (the Dodd-Frank Act).

      Frank argues that Singature was singled out because of its ties to crypto—it was one of the go-to banks for crypto companies. Frank told Bloomberg that he believes Signature wasn’t on the verge of collapse, and regulators only shut it down “to send a message to get people away from crypto.”

      Authorities have pushed back on the pushback. The New York State Department of Financial Services, which initiated the closure, claims that Signature executives were elusive in sharing data with regulators during the bank panic, causing a “crisis of confidence.”—SK

                  

      FOOD

      Boneless wings are going to court

      Chicken nugget in a sea of boneless wingsIllustration: Morning Brew, Photos: Getty

      Everyone with a complex about getting wing sauce all over their face has a new hero. Aimen Halim of Chicago filed a class-action lawsuit against Buffalo Wild Wings that accuses the restaurant chain of falsely advertising its boneless wings when they are allegedly just chicken nuggets.

      The lawsuit, filed last Friday, states that Halim believed BWW’s boneless chicken wings were actually deboned wings. If he had known the breast-meat truth, Halim claims he would have ordered something else, and therefore he’s suffered “financial injury.”

      This debate has been a hot one. A man went viral in 2020 for giving an impassioned speech to the Lincoln, NE, city council about why the term “boneless wings” should be stripped from every menu in the city.

      But we’ve been having the conversation even before that. In the early 2000s, boneless wings gained popularity when the price of chicken breast—which is what boneless wings are usually made of—cratered, while wings remained expensive. And wing purists have always pushed back against the bone-free option. The prices of both items have fluctuated in the past few years, but the debate over what, if anything, constitutes a boneless wing has raged on.—MM

                  

      GRAB BAG

      Key performance indicators

      Argentina fans at the last World CupHannah Peters—FIFA/FIFA via Getty Images

      Stat: Calling it now—summer 2026 will see the lowest worker productivity on record. The World Cup is expanding to 104 games, a considerable increase from the 64 matches played last year in Qatar. That’s the result of more teams in the field (48 vs. 32 previously) and a bigger group stage. The next tournament will be hosted in North America over a span of nearly six weeks.

      Quote: “The standard deli sandwich with processed meat and cheese, you’re literally eating a heart bomb.”

      An article from the WSJ ruined sandwiches for us, and now we’re ruining them for you, too. Sorry. This quote about the health risks of sandwiches comes from a cardiologist and nutrition professor at Tufts University, who, along with other health experts, is warning about the high levels of sodium, sugar, and saturated fat in Americans’ favorite lunch option. A typical turkey sandwich in the 1980s had ~320 calories; in the 2000s, it had 820, per the National Heart, Lung, and Blood Institute.

      Read: Influencer parents and the kids who had their childhood made into content. (Teen Vogue)

      NEWS

      What else is brewing

      • Silicon Valley Bank’s new CEO said that rebuilding has begun and asked customers to return: “We are open for business.” Meanwhile, the DOJ and the SEC have begun investigating the bank’s collapse.
      • Ohio sued Norfolk Southern to ensure the railroad pays for damage caused when its train containing hazardous chemicals derailed in East Palestine in early February.
      • Boeing notched a big order for 78 787 Dreamliners from two Saudi airlines.
      • Argentina’s inflation topped 100% on an annual basis last month.
      • Google Health rolled out a bunch of new initiatives—many of them leveraging AI—aimed at improving access to care.

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      Daily Hits. Links from other news sources. Reprints from others.

      Headline News. Stories that are making a difference.

      • Post author By MC
      • Post date March 9, 2023
      • No Comments on Headline News. Stories that are making a difference.
      Nice News Photo

      Hits: 25

      Trying something different. Running with headline news from Newsmax, FOX, and Breitbart.

       

       

      New Disney Board Members Vow Big Change

      New Disney Board Members Vow Big Change

      The new members of the board that governs Disney World property said [Full Story]
      House Republicans Launch Their 1/6 Panel Probe

      House Republicans Launch Their 1/6 Panel Probe

      Rep. Barry Loudermilk, R-Ga., informed The Hill on Wednesday that he would be leading an investigation into the now-dissolved House Jan. 6 Select Committee. Loudermilk, who chairs the House Administration Committee’s Subcommittee on Oversight, said that his panel is …… [Full Story]
      Biden Says He Will Meet With Speaker McCarthy 'Anytime' on Budget
      President Joe Biden shakes hands with House Speaker Kevin McCarthy of California last month before Biden’s State of the Union address, his first before the new Republican-controlled House. (Getty Images)

      Biden Says He Will Meet With Speaker McCarthy ‘Anytime’ on Budget

      Legendary movie and TV star dead at the age of 89 after 'long-term heart issues'

      ‘FAMILY AROUND HIM’

      Legendary movie and TV star Robert Blake dead at the age of 89 after ‘long-term heart issues’

      Mexican cartel 'apologizes' for kidnapping and brutal murder of Americans

      KILLERS’ CONFESSION

      Mexican cartel ‘apologizes’ for kidnapping and brutal murder of Americans

      NYT says Trump critics dismissed COVID lab leak as 'conspiracy,' so did the paper
      MEDIA 38 mins ago

      NYT says Trump critics dismissed COVID lab leak as ‘conspiracy,’ so did the paper

      TUCKER CARLSON: Women's awards are now going to menVideo
      TUCKER CARLSON TONIGHT

      TUCKER CARLSON: Women’s awards are now going to men

       Democrats Defend Censorship, Attack Journalists in Fiery Hearing

      Democrats Weaponization Committee (Bill Clark/CQ-Roll Call, Inc via Getty)

      House Democrats attempted to defend social media censorship at a hearing of the new U.S. House Select Subcommittee on the Weaponization of the Federal Government on Thursday on the Twitter files.

      JOEL B. POLLAK
      • FAUCI: ‘WHOLE SCIENTIFIC COMMUNITY FEELS’ YOU HAVE TO BE ABLE ‘TO MANIPULATE ORGANISMS’…1
      • …DENIES EXCLUDING REDFIELD FROM COVID ORIGINS CALL, DOESN’T DENOUNCE HIS EXCLUSION3
      • U.S. HIGH SCHOOL DEFENDS TAKING MONEY FROM CHINESE MILITARY-LINKED GROUPS5
      • KAEPERNICK BLASTED AFTER ACCUSING ADOPTIVE WHITE PARENTS OF RACISM50
      • STUDY CLAIMS WHITE DRIVERS POLLUTE BLACK, BROWN AREAS OF LOS ANGELES

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      Daily Hits. Links from other news sources. Reprints from others. Uncategorized

      News you can use. The week ahead.

      • Post author By MC
      • Post date February 27, 2023
      • No Comments on News you can use. The week ahead.
      Todays news. WSJ Photo

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      News you can use. More from Morning Brew.

      CALENDAR
      The week ahead

      Students walking on campus in the fall.Jon Lovette/Getty Images

      Student loan forgiveness on the docket: On Tuesday, the Supreme Court will begin hearing oral arguments over President Biden’s student loan forgiveness program, which is being challenged by six GOP-led states. A ruling, due later this year, could have far-reaching consequences for a president’s power to make rules unilaterally.

      Retailers in the spotlight: This week’s slate of earnings is all about retail. Target, Dollar Tree, Macy’s, Kroger, and others will give us an update on American consumer health in this period of ripping inflation.

      New month alert: March arrives on Wednesday and with it St. Patrick’s Day, March Madness, Ted Lasso Season 3, and an extra hour of daylight in the evenings.

      Everything else…

      • Congress gets back to work today following a break.
      • Tesla is holding its Investor Day on Wednesday.
      • Read Across America Day is also on Wednesday. That’s Dr. Seuss’s birthday (not a coincidence).

      GRAB BAG

      Key performance indicators

      Screenshot from New GirlNew Girl/20th Television

      Stat: For millennials, “adulting” has meant racking up debt at a historic pace. Americans in their 30s have accumulated 27% more debt from late 2019 to late 2022, per the New York Fed. That’s a bigger increase than any other age cohort and the highest rate of debt accumulation for Americans in their thirties since the 2008 financial crisis, the WSJ notes.

      Quote: “Either an economic illiterate or a silver-tongued demagogue…”

      In his annual letter to shareholders, Berkshire Hathaway CEO Warren Buffett blasted critics of stock buybacks as Econ 101 dropouts. Some lawmakers, such as Sen. Elizabeth Warren, have vilified the practice as a misuse of corporate funds that only benefits the elite. Buffett responded that buybacks benefit all shareholders by lifting the intrinsic value of the stock they own. Berkshire spent $7.9 billion on stock buybacks last year.

      Read: Forget what you’ve heard—this is how large language models like ChatGPT actually work. (Stephen Wolfram)

      NEWS

      What else is brewing

      • Tens of thousands of protesters in Mexico City denounced President Andrés Manuel López Obrador’s electoral reforms, saying they would erode democracy in Mexico.
      • Jake Paul lost his first match as a pro boxer, in a split decision to Tommy Fury.
      • Nokia is refreshing its logo for the first time in almost six decades.
      • Fans of the Turkish soccer team Beşiktaş threw toys on the field as a donation to children affected by the earthquakes.
      • Warner Bros. Discovery sued Paramount Global for allegedly breaching a $500 million South Park licensing deal the two signed in 2019.

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      Daily Hits. Links from other news sources.

      Today’s Stories.

      • Post author By MC
      • Post date February 10, 2023
      • No Comments on Today’s Stories.
      Todays news. WSJ Photo

      Hits: 11

       Today’s Top Stories

      • Thanks to The Dispatch for this article.
      • The death toll from Monday’s earthquakes in Turkey and Syria passed 21,700 and is expected to rise throughout the day as rescue workers continue their search through the rubble.
      • State Department officials said Thursday the Chinese surveillance balloon that flew over the U.S. earlier this month carried multiple antennas to collect signals intelligence—like communications and geolocation data—as part of a larger surveillance program targeting more than 40 countries on five continents. The Defense Intelligence Agency was reportedly aware of the balloon the day before it entered U.S. airspace but didn’t flag it as an urgent threat, instead moving to collect intelligence on it. The House of Representatives voted unanimously Thursday to condemn China for the incursion.
      • Secretary of State Antony Blinken announced Thursday Nicaragua has released 222 political prisoners—including one U.S. citizen—who arrived in the United States yesterday morning. Blinken said Nicaragua freed the prisoners unilaterally, without U.S. concessions or inducements, suggesting President Daniel Ortega’s administration—known for its repressive tactics and close ties to Russia—may be interested in improving relations with the United States.
      • Special Counsel Jack Smith has subpoenaed former Vice President Mike Pence as part of an investigation into former President Donald Trump’s attempts to overturn the 2020 presidential election, ABC News reported last night. The subpoena—which compels the former vice president to provide relevant documents and testimony—is the result of months of negotiations between federal prosecutors and Pence’s lawyers. Former National Security Advisor Robert O’Brien also received a subpoena as part of the probe.
      • Meta reinstated Trump’s Instagram and Facebook accounts Thursday, ending his suspension for praising people involved in violence during the January 6 Capitol riot. Trump has not yet posted on either of the two social media platforms, and also has yet to post on Twitter, which restored his access in November.
      • Newly-elected Pennsylvania Sen. John Fetterman was hospitalized Wednesday evening after feeling lightheaded at a retreat with other Senate Democrats. Fetterman—who suffered a stroke while on the campaign trail in May—remains in the hospital, though doctors have ruled out another stroke.
      • Pop music composer and songwriter Burt Bacharach died Wednesday at the age of 94. He had more than 70 Top-40 hits over the course of his career, including “I Say A Little Prayer”—sung by Aretha Franklin—and the Oscar-winning “Raindrops Keep Falling on My Head.”
      • Kansas City Chiefs quarterback Patrick Mahomes was named NFL MVP on Thursday, his second time winning the award in his six-year career. Minnesota Vikings receiver Justin Jefferson won Offensive Player of the Year, San Francisco 49ers defensive end Nick Bosa won Defensive Player, and Brian Daboll of the New York Giants won Coach of the Year.

      Entitlement Reform Debates Resume

      Sen. Rick Scott (R-FL) during a news conference to discuss the ongoing negotiations over the national debt ceiling. (Photo by Anna Moneymaker/Getty Images)
      Remember Tuesday? Us neither. For reference: President Joe Biden delivered his second State of the Union address that evening and received a lot of boos and shouts of “liar” when he suggested some Republicans—“I’m not saying it’s a majority”—want to cut Medicare or Social Security in exchange for raising the debt ceiling.
      Republicans really hate this line of attack—and the French protests over modest pension reforms we discussed last week might explain why. “The only people talking about cutting Social Security and Medicare right now are the Democrats using it as a scare tactic because they can’t defend their failed economic policies,” Nebraska Rep. Adrian Smith told The Dispatch on Thursday.

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      Crime Daily Hits. Links from other news sources. Uncategorized

      California Progressives rejoice. Rest of the population mourns. Their gun control laws only allowed one mass shooting this week.

      • Post author By MC
      • Post date January 29, 2023
      • No Comments on California Progressives rejoice. Rest of the population mourns. Their gun control laws only allowed one mass shooting this week.
      Gun control. KABC photo.

      Hits: 14

      California Progressives rejoice. Rest of the population mourns. Their gun control laws only allowed one mass shooting this week. Yes my friends it looks as if gun control is finally working in California. Only one mass shooting this past week.

      A mass shooting took place Thursday in the wealthy Beverly Crest neighborhood of Los Angeles, killing three and wounding four people according to police. The shooting took place at a short term rental on the 2700 block of Ellison Dr. No suspect or motive has been identified as of yet but the public is not believed to be in danger. It has not been determined whether a party was taking place.

      It’s working so well that California lawmakers are calling for even tougher laws. Oh they work so well. Don’t you think?

       

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      Daily Hits. Just my own thoughts Links from other news sources.

      Why my articles are short, sweet, and to the point. That’s my story and I’m sticking to it.

      • Post author By MC
      • Post date January 25, 2023
      • No Comments on Why my articles are short, sweet, and to the point. That’s my story and I’m sticking to it.
      What to write next. Writer-giffer.com

      Hits: 21

      Why my articles are short, sweet, and to the point. That’s my story and I’m sticking to it.

      This article was originally posted here.

      First I must confess that by trade I’m not a journalist or professional writer. Just a 69 year old white dude retired and living the good life. But I’m trying my best to be a good writer. One thing you won’t see a long original article from me.

      My articles are short and to the point. I know that I myself will most of the time see an article and usually stop after the first few paragraphs. Now when doing research I will read the whole contents. But most of my articles are usually two maybe three paragraphs. My feeling is that if I can’t get my point across in less than 500 words, 10,000 words will just bore you

       

      Start writing today. Use the link below to create your Substack and connect your publication with Josh’s Newsletter

      Start a Substack

       

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      Daily Hits. Faked news Links from other news sources. Media Woke Progressive Racism Sports

      SI and WP going after a 80 year old man for being in a crowd when he was 14.

      • Post author By MC
      • Post date November 27, 2022
      • No Comments on SI and WP going after a 80 year old man for being in a crowd when he was 14.
      Now 80, Jones has owned the Cowboys for more than three decades and is in the Pro Football Hall of Fame. (Andy Jacobsohn for The Washington Post)

      Hits: 69

      A family member of mine sent me this link to a Sports Illustrated article. I saw this and thought the Woke crowd strikes again. I can not stand Jerry Jones and do not like America’s Team.

      To go after a person who was only 14 back in 1957 is ridiculous. Well they mention a WP article as their source and it’s totally shit bat crazy. They use that incident back in 1957 as a reason Dallas never had a black coach under Jerry Jones. The headlines from the Post article.

      Jerry Jones helped transform the NFL, except when it comes to race
      Decades after standing on the frontlines of one of Little Rock’s darkest segregation clashes, the Dallas Cowboys owner has led the league toward new revenue models but has yet to hire a Black head coach

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      Daily Hits. Links from other news sources. Reprints from others. Stupid things people say or do. The Law

      And he was a lawyer? “putting patients in charge of their own surgeries? Clients in charge of their own trials?” Swalwell declared: “Please tell me what I’m missing here

      • Post author By MC
      • Post date November 15, 2022
      • No Comments on And he was a lawyer? “putting patients in charge of their own surgeries? Clients in charge of their own trials?” Swalwell declared: “Please tell me what I’m missing here
      Rep. Eric Swalwell, D-Calif., listens as Sen. Jack Reed, D-R.I., speaks during a news conference on the introduction of their Protection from Abusive Passengers Act at the U.S. Capitol Building on April 6, 2022 in Washington. (Photo by Anna Moneymaker/Getty Images) (Anna Moneymaker/Getty Images)

      Hits: 29

      First I’m not and never have been a lawyer. But having been in law enforcement and been involved in several lawsuits tells me that Swalwell made the right choice getting out of the legal field cause he has no clue. Jonathan Turley sets him straight.

      Jonathan Turley

      By Jonathan Turley | Fox News

       

       

      The fault lines for the 2024 elections are already taking shape with the two parties in diametrically opposed positions and there is no greater divide than over parental rights. That stark difference was no more evident than in a tweet from Rep. Eric Swalwell who mocked the notion of parents making major decisions in the education of their children. 

      The California Democrat insisted that it is akin to “putting patients in charge of their own surgeries? Clients in charge of their own trials?” Swalwell declared: “Please tell me what I’m missing here … This is so stupid.”

      What Rep. Swalwell, a lawyer, is missing is called informed consent. Since he asked for assistance, let’s deal with each in turn.

      Patients and medical consent

      American torts have long required consent in medical torts. Indeed, what Swalwell seemed to suggest would be battery for doctors to make the key decisions over surgical goals or purposes. Indeed, even when doctors secured consent to operate on one ear, it was still considered battery when they decided in the operation to address the other ear in the best interests of the patient. Mohr v. Williams (Minn. 1905).

      In Canterbury v. Spence the court rejected claims that a physician can make key decisions given “the patient’s right of self-determination.” Thus, doctors in the United States do have to secure the consent of patients in what they intend to do in surgeries or other medical procedures. (There are narrow exceptions such things as “substituted consent” or emergencies that do not apply here).

      Ironically, California has one of the strongest patient-based consent rules. As the California Supreme Court stated in Cobbs v. Grant (1972): “Unlimited discretion in the physician is irreconcilable with the basic right of the patient to make the ultimate informed decision regarding the course of treatment to which he knowledgeably consents to be subjected.”

      While obviously a patient cannot direct an operation itself, the doctor is expected to explain and secure the consent of the patient in what a surgery will attempt and how it will be accomplished. That is precisely what parents are demanding in looking at the subjects and books being taught in school. Moreover, that is precisely the role of school boards, which has historically exercised concurrent authority over the schools with the teachers hired under the school board-approved budgets.

      Clients and legal consent

      Swalwell is also wrong in suggesting that clients are not in charge of their own trials. Not only must attorneys secure the consent of their clients on what will be argued in trial, but they can be removed by their clients for failure to adequately represent their interests. It would be malpractice for a lawyer to tell a client, as suggested by Swalwell, that they do not control the major decisions in their own cases.

      Ironically, the informed consent under defined in the Model Rules of Professional Conduct as the “agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct”).

      Obviously, lawyers must follow their own ethical and professional judgment in trials, and tactical choices are generally left up to the lawyers. However, the main objectives of the trial remain for the client to “knowingly and voluntarily assume” Metrick v. Chatz (Ill. App. Ct. 1994).

      Much like the claim of parents, clients demand the right to reject a plan for trial and the arguments or means to be used at trial. This right of consent is ongoing and can be exercised at any point in the litigation.

      Informed consent

      Of course, the key to informed consent is that parents are given the information needed to secure their consent. School districts have been resisting such disclosures and pushing back on parental opposition to major curriculum or policy decisions.

      What is most striking about Swalwell’s reference to patients and clients is that they, under his educational approach, have far more voice in a wart removal or a parking ticket challenge than the education of their children. If anything, his analogies support the call for greater parental knowledge and consent.

      In other words, “what is missing here” is that Rep. Swalwell’s interpretation could constitute both medical and legal malpractice. It may also constitute political malpractice as both parties now careen toward the 2024 elections.

       

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      Are you kidding me? Fired for being white?

      • Post author By MC
      • Post date November 13, 2022
      • No Comments on Are you kidding me? Fired for being white?
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      A racial discrimination suit was filed cause the guy claims they wanted a black sign language interpreter. What? The white guy wasn’t dancing?

      Keith Wann, 53, was one of at least two people forced off the production by the non-profit Theatre Development Fund – which staffs Broadway shows with American Sign Language interpreters – after the group decided it was “no longer appropriate to have white interpreters represent black characters for ASL Broadway shows.”

      Wann filed a federal discrimination lawsuit on Tuesday against the organization and the director of its accessibility programs, Lisa Carling.

      The Theater Development Fund declined to comment. Carling, Guy and Disney Theatrical Productions, which produced the show, did not respond to messages seeking comment.

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