Saturday, August 1, 2020

Covid liability precipice

The country is on a precipice in trying to get another covid aid bill from Congress. 

There is a gaping divide over the amount of additional aid, with the Democrats wanting up to three trillion dollars and some GOP wanting to limit aid to one trillion dollars.

Besides being on a precipice as regards the amount of additional aid, the country is further on the aid precipice as regards the matter of protections from coronavirus liability.

On Tuesday Senate Majority Leader McConnell said he would not bring up a coronavirus aid bill in the Senate which does not include liability protections, and he will not negotiate with Democrats on liability protections in coronavirus bill. https://www.cnbc.com/2020/07/28/coronavirus-stimulus-updates-mcconnell-defends-liability-protections.html

The precipice that the country is on as regarding protections from from coronavirus liability needs to put in the context of a decades long battle that business, doctors and others, on one side, and lawyers, on the other side, have been fighting over tort and other legal liabilities and class action lawsuits.

In the battle, society and citizens collectively have a legitimate interest on both sides. On the plaintiff side, each member of society can be an injured party who desires rights to sue a wrongdoer who has caused his injury. On the other side, since all payments ultimately come out of the pockets of individuals, frequently in the form of small amounts coming out of the pockets of large numbers of individuals, there is a societal interest that imposing liabilities not be done too liberally in favor of the plaintiff side in a way that does not adequately take into account the general societal interest on the defendant side.

The lawyers are biased by their personal financial interests in favor of there being more legal liability, such bias causes the lawyers to seek for the law to provide for more liability, and the bias impairs lawyers from fairly seeking for the law to operate in a way that balances the interests that society and citizens generally have on both sides of the matter.

Ultimately, lawmakers determine the liability rules and it is their job to provide liability rules that fairly balance the interests that society and citizens generally have on both sides of the liability matter. 

Lawyers are a powerful lobbying force as regards how the lawmakers determine the liability rules.

Many believe that lawmakers have been unduly influenced by the lawyers in determining the liability rules, and there is a significant imbalance in the liability rules in favor of more liability, to the benefit of the financial interests of the lawyers.

The two sides are far from reconciled about the liability rules, and the long standing war between the two sides threatens the virus aid bill, which has the country on the precipice.

To get past this and get a virus aid bill, it would behoove the country for the voters to be informed about the battle over liability rules, and the arguments on the two sides, as to enable the voters to reach their own decisions about whether it is "right" or "wrong" for McConnell to require virus liability protection as part of the virus aid bill being currently considered by Congress.

8/3/20
Thank you, Montgomery City Councilman Clay McInnis.
Please take the lead in Montgomery in drawing out the local business community and the local bar and others to inform your Alabama citizens about virus liability protection in the aid bill.

You have a excellent roster of prominent persons who are directors of the Montgomery Chamber of Commerce (listed at https://www.montgomerychamber.com/board-of-directors). The directors include representatives from industry, utilities, finance, government, insurance and health care, plus members of two law firms.

Please also note the officers of the Montgomery Bar Association listed at https://mcbar.org/page/BOD.

Further, you have the academic resource of the faculty at the Thomas Goode Jones School of Law. https://law.faulkner.edu/directory/

With the nation on the precipice over the virus aid bill and liability protection, I think the foregoing persons have an obligation to speak to your citizens and help them understand better about the liability protection matter.


1/15/21
See Larry Nassar and AAG election, an earlier post giving more extensive discussion of this matter.

12/17/21

Tuesday, July 14, 2020

A school re-opening idea

Right now everyone agrees that our country must get its schools reopened.

Schools everywhere are mightily struggling to decide when and how to reopen.

The stakes for health and safety, for the education and development of the children, and for the economic well being of the country, have never been greater during the past 100 years

Every school is confronted with many teachers and many parents who are torn in different directions about when and how to reopen the schools.

Right now, in July 2020, as much as agreement is needed, there is probably no school that has a plan it is implementing for reopening and that is proceeding with confidence its plan will not be obstructed by parents and/or teachers who find the plan unacceptable.

Further, new things are being learned daily about the coronavirus that potentially impair going forward in the way specified under any particular reopening plan that is being developed and implemented.

In the face of the huge problem of when and how to reopen schools, and the uncertainties surrounding any particular plan that is being implemented, many persons are wracking their brains for ideas for solving the problem. 

My idea
If schools are feeling stymied in developing and implementing a plan for reopening, because the schools are confronted with not being able to gain sufficient acceptance by teachers, parents and students of the school's plan, it may be that big, bold ideas might need consideration.

Here's a big, bold idea I suggest be considered.

Make schools as facilities where students and special teaching staff live for multiple week periods of time, and where students and staff are confined and may not leave the facility and its grounds during the multiple week period of time they are living at the facility.

Outsiders coming to the school facility are controlled, such as the way outsiders coming into nursing homes are controlled.

Making the school facility be where students and staff live requires there be beds at the facility, and the provision of meals must be done in a way that assures the virus will not be brought into the facility. Clothes washing would need to be similarly addressed.

The proposed idea depends on the ability to create a virus free, virus proof facility and its grounds with a high degree of certainty. Experts need to speak to the feasibility of this. Nursing homes can be looked to for their ability now to create a virus free, virus proof nursing home.

A main object is for social distancing not to be required among the students and special teaching staff living at the facility. This depends on the aforementioned ability to create a virus free, virus proof facility with a high degree of certainty.

Having a virus free, virus proof facility requires that students and special teaching staff who come to live at the facility be virus free. This might entail their quarantining themselves for two weeks prior to going to the school facility to live.

The special teaching staff who live at the facility need to be in a position to do that. Recent college graduates looking for jobs could be good candidates to be part of the special teaching staff. 

The special teaching staff would be in communication with regular teachers who are not living at the facility and who provide consultation and support to the special teaching staff in teaching the students living at the school facility.

The regimen for the students living at the school facility can be more rigorous than usual, with say seven days a week of educational classes and more "homework" than usual. Daily physical fitness activities should be a component. Students living at the facility could take on responsibilities such as for clothes washing, cleaning the facilities, and possibly meal preparation and dish washing.

11/12/20
With a rash of Alabama schools suspending in person learning, there could be a revisiting of the idea of temporarily making K-12 schools as "bubble" live in facilities.
I tried to promulgate this idea to many Alabama education officials. The below link indicates how widely I tried to disseminate this idea.

12/13/20
1/30/21
In laying out his vaccine distribution plan, Biden said 'we're in a war with this virus' and promised to fight the pandemic with "the full strength of the federal government." 

Biden has set a 100 day target for opening schools. The vaccine rollout has been excruciatingly slow. Covid variants are popping up and creating new risks and uncertainties for getting back to in person learning. There is growing frustration, anger and even desperation over getting schools back to in person learning.

To fight the war against the virus on the frontline of our schools and on behalf of our children, consider what England did in World War II for its children in the form of Operation Pied Piper, which was a mass evacuation to the countryside of the children in London. See  Operation Pied Piper: The Mass Evacuation of Children in London During WWII.

Think of my idea of temporarily making schools live in, bubble facilities as a very limited Operation Pied Piper in the war against the virus.

2/9/21- the struggles ahead for schools and for others
No matter what, it seems there will be much struggling during the coming months for getting back to pre-pandemic school conditions.

The struggles for schools need to be considered in the context of millions of other Americans going through struggling in other areas, including that of small businesses; essential workers seeking to get vaccines to protect themselves in doing their essential work; healthcare workers and hospitals striving to keep from being overwhelmed; and workers who have lost jobs that may be permanently lost, and who need retraining.

In the pandemic struggles for schools and for millions of other Americans, there have been and will be sacrifices, risks, personal needs for income, and external pressures on people to do things needed for the nation to win the war against the pandemic.  

In the nation's pandemic struggles, there have not been and will not be for numerous more months bright, absolute lines of what is "safe" in various situations and contexts in which safety is a critical factor, be it returns to the classrooms or opening bars and restaurants.

There has been and will continue to be much contentiousness between interested parties, be they be parents and teachers, or the government and bars and restaurants. Ultimately, the contentiousness will get resolved. In the meantime, interested parties will need to press against each other and achieve interim working compromises for going forward.

2/17/21
In January, the Alabama A+Education Partnership issued a lengthy proposal entitled: "Tackling Unfinished Learning and Learning Loss: Support Expanded Access to High-Quality Afterschool &Summer Programs for Alabama Pre-K-12 Students"

The Executive Summary of the proposal says:

A+ Education Partnership proposes a new state grant program to expand high-quality summer and afterschool learning opportunities for PreK-12 students in Alabama. This grant program aims to accelerate student learning in reading and STEM through a combination of evidence based academic curricula and engaging enrichment activities aligned to student interests. Similar to Alabama’s nationally-recognized First Class Pre-K program, this program would be a diverse delivery model that could include partnerships of public schools, nonprofits, faith-based programs, and other community organizations. Grants would be provided to communities to both leverage existing programs and create new programs in unserved communities. In both cases, the goal is to increase quality and expand access. Priority should be given to communities serving low-income students. 
Alabama ranks 49th in the country in 4th grade reading and 52nd in 4th grade math. In 2019, more than half of Alabama’s 4th graders (53%) failed to reach proficiency on the state’s reading assessment. To compound the literacy challenge in Alabama, COVID-19 has put both an academic and social-emotional strain on Alabama’s students. Research from McKinsey & Company suggests that if progress is not made, students could, on average, lose 5 to 9 months of learning by the end of June 2021. Students of color could be 6 to 12 months behind, compared with 4 to 8 months for white students. Students in poverty could lose up to a year of learning. With 50% of Alabama’s public schools at or below the poverty line, Alabama could see a greater amount of learning loss throughout the state. In addition to learning loss, the firm also estimates that an additional 2 to 9 percent of high school students could drop out.

In other words, Alabama public education has bigger problems than just COVID-19, and COVID-19 has only compounded the bigger problems.

3/13/21 One year anniversary of COVID-19
One year ago, no one knew the terrible damage that COVID-19 would inflict on our nation's children and their education, socialization and mental health.

Had we known a year ago what we know now about what the year would inflict on our children, would we have done anything differently from what we did?

My above idea would have required stupendous community mobilization, organization, economic resource dedication and adaptation in order to implement the idea. Without knowing a year ago how bad the past year would turn out, my above idea could not be taken seriously a year ago.

Now we know how bad the past year has been, and perhaps had we known a year ago about how bad the year would be, my idea would have been given serious consideration.

The harms to our children's education, socialization and mental health have now happened, and there is no going back to one year ago and doing something different from what was done. Instead we have to be focused on going forward, and what needs to be done going forward.

At this time, we know little about how the past year will have lasting adverse effects on our children going forward as regards their education, socialization the mental health and we don't know what will be needed to remedy the damage that the past year has done, or even how fully it can be remedied.

Further, the harms of the past year have not been evenly inflicted on our nation's children. Some children have been in environments where the damage from the past year have been mitigated. Other children have borne a much harsher adverse impact from the past year. 

This differential impact on our children of the past year will further translate into significant differences in needs going forward for repairing the harms from the past year.

Sunday, July 5, 2020

To: The Honorable Gary Palmer

Dear Congressman Palmer,

I listened to the July 3rd podcast of you with Matt Murphy.

You are reasonable, low keyed and soft spoken, and you were informative and thoughtful in what you said in the podcast.

I believe the paramount political thing for you is what the situation will be on November 4th (or whenever election results are finalized) of whether Trump has won or lost, whether the GOP has retained control of the United States Senate, and whether the GOP has gained control of the House of Representatives.

If Trump loses, you and Matt Murphy will have the opportunity to have many, many long "What Happened" conversations.

If Trump loses, contemplating "What Happened" will have great unhappiness for you, and I am sure you don't want to think hypothetically now about "What Happened" before it happens and when it may not happen.

I, on the other hand, want Trump to lose, and am not deterred from thinking hypothetically now about "What Happened" before it happens and when it may not happen.

Accordingly, you may choose to stop reading here, because I am going to indulge in hypothetical "What Happened" discussion.

If Trump loses, I think you will first and foremost blame Trump.

Then you will be beset with thinking about "how did Trump happen to begin with, and how and why did the GOP (including myself) fail to prevent Trump from destroying himself and from monumentally damaging the GOP."

[to be continued]

Saturday, May 9, 2020

You must get political

The pandemic is causing trillions of dollars of lost income to the American people.

Tens of millions of Americans, through no fault of their own, have been deprived of jobs they need to earn a living and provide for themselves.

Many other tens of millions of Americans, and the businesses they work in, are experiencing significant reductions in income.

The Federal government is providing trillions of dollars of funding to cover this huge lost income of the American people. The trillions of dollars are being paid and distributed to the American people in various ways.

State governments are also providing funding through their unemployment insurance programs.

It is imperative to keeping the economy going that Americans who have lost their incomes receive the governmental funds and use the funds to purchase things as they would do if they had not lost their incomes.

Currently and for a long time to come, a main occupation of our Federal and state governments is and will be developing and managing how the trillions of dollars of Federal and state government funding gets distributed to the American people.

This will include our Federal and state governments using their taxing and other powers in the future to reduce the trillions of dollars of governmental debt that is being created in dealing with the pandemic, and this will have large effects in the future on the economy and on businesses, schools, hospitals and state and local governments.and the American people who work for them.

In this situation, elected and other governmental officials have been deciding and will decide in the future about this multi-trillion dollar pandemic funding program, how the funds are distributed to the American people, and how taxing and other governmental powers are used in the future to reduce the trillions of dollars of governmental debt that is created.

All Americans are and will be affected by the foregoing decisions that the elected and other governmental officials make regarding the pandemic's multi-trillion dollar governmental funding program.

Americans will have a myriad of competing interests in how the governmental officials make their decisions.

Americans will naturally seek to influence how the pandemic funding decisions are made. This will be done through the political process, and donating to, supporting and voting for officials and candidates who Americans believe will look out for their particular interests in the pandemic funding program.

The great economic distress of Americans resulting from the pandemic will force and result in greatly heightened attention to the political process by which decisions concerning the pandemic funding program are made. There will be a myriad of competing interests to be served by the program, and the American people should become much more political en masse to look out for their interests.

Dear Aunie

I listened to the podcast of your May 5th phone interview with Gary Palmer regarding "Reopening America, Division in America, and more."

At the start of the interview, and in line with the "Division in America" topic, Rep. Palmer says "I am very concerned about where we stand in our ability to govern, and it has little or nothing to do with the corornavirus. I think the coronavirus COVID-19 pandemic has only accentuated the problems in Washington. We're about as divided as a nation as at any time in our nation's history."

In the interview, you and Rep. Palmer then proceed, from the Trump/GOP side, to deplore the Dems about obstructing Ratcliffe and judicial nominations, the FBI needing more integrity, the amount of the "shenanigans" that has been revealed by the Flynn situation, the "entrapment" operation leading to impeachment, and carrying forward to Dems holding up pandemic funding to pursue their "left wing agenda."

I think your interview with Rep. Palmer can be fairly characterized as a presentation of only one side's opinion, assertions and argument regarding the matters brought up in the interview.

Taking the past several weeks of the Matt & Aunie Show, would you say the show has had any presentation of opinion, assertions and argument coming from the other side about the matters raised in your interview of Rep. Palmer?

If your answer is yes, please direct me to a podcast you point to in support of your yes answer.

If your answer is no, would you say that the Matt & Aunie Show is generally only one sided and generally does not strive to be "fair and balanced"?

Taking it a step further, would you say that the Matt & Aunie show is virtually always only one sided and virtually never strives to be "fair and balanced"?

[to be continued]





Addendum
See also the following blog entries:
Can the two sides talk?, February 21, 2018
Appeal to AL news directors, October 1, 2019
AL Project Veritas - Impeachment, October 6, 2019
Dear Aunie, May 9, 2020
What AL can do about Big Tech, January 17.2021
The Dang Truth, April 4, 2021

Friday, May 8, 2020

Alabamians tweeting "Mourning in America"


TO: As many fellow Alabamians as we can tweet to:
We are Alabamians who think Donald Trump is destroying the United States.
We think the below "Mourning in America" ad of The Lincoln Project powerfully communicates what we think.
We want to tweet the "Mourning in America" ad to thousands of Alabamians, and ask them to join with us, and send even more thousands of tweets to other Alabamians.
To join with us, please do Step One that is set out below the video
Thanks.


Step One
Click on the below "Tweet here" link  to send a tweet that says,
I think Donald Trump is destroying the United States and I am tweeting to fellow Alabamians the below "Mourning in America" ad. Please join me by clicking on link. https://al6thcongdist-ihaveuntiljan13.blogspot.com/2020/05/alabamians-tweeting-mourning-in-america.html  #alpolitics https://youtu.be/t_yG_-K2MDo
(After you click on the below "Tweet here" link, you will see a preview of your tweet, and your tweet will not be sent until you click the "Tweet" button in the preview.)


Saturday, April 18, 2020

Data against AL community spread

As Alabama progresses towards reopening its economy, the public will want to know about how community spread of the virus will be detected and how it will be contained by quick identification of infected persons, contact tracing, and testing of contacts.

Alabama Public Health has posted below links

 Alabama TV news should make it a priority to have ongoing coverage about how community spread of the virus will be detected in Alabama going forward and how it will be contained by quick identification of infected persons, contact tracing, and testing of contacts.

The starting point of this is information about the identification of infected persons, contact tracing, and testing of contacts that has previously taken place during the past weeks in Alabama. Alabama Public Health should be a source of information about this. Important aspects are how much information has been obtained from infected persons about what they did during the preceding two weeks, how comprehensive the contact tracing information has been, the extent of testing of contacts and quarantining of contacts. and the data base that was created regarding the same in Alabama.

From what has done previously, the plans of Alabama Public Health going forward need to be found out. On Capitol Journal last night, Dr. Scott Harris said Massachusetts had hired 1000 persons to be contact tracers and Alabama Public Health has assigned 50 persons to be contract tracers.