End of Life Issues

July 25, 2015

Theresa Brown wrote Choosing How We Die for the New York Times on July 24, 2015. It’s an excellent overview of the challenges we face as a nation with an aging population and not very adequate mechanisms for providing options about end-of-life issues.

On July 8, 2015—yes, only as recently as slightly more than two weeks ago—the Centers for Medicare and Medicaid Services issued a proposed rule which addresses, in part, advance care planning. As the CMS fact sheet reflects, advance care planning—as a service for which Medicare will pay a doctor—has only been available as a part of “Welcome to Medicare” at age 65. For healthy, active, never gonna die Boomers, advance care planning discussions are not going to

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Core Issues about Public Discourse

July 25, 2015

Core issues have been on my mind lately. They gelled when I saw No, It’s Not Your Opinion. You’re Just Wrong, written by Jef Rouner and shared on FB by Friend RL. More on opinions in a moment.

Public discourse is a disaster right now. Maybe we should blame the media, our leaders, or, just maybe, we should recall Pogo, channeling Walt Kelly, who told us “we have met the enemy, and he is us.” Argue the premise if you want to; I’m here not to debate that issue. Instead, I’m focused on two aspects of poor discourse, hoping increased awareness might provide opportunities for improvement. (Expect more postings on the same broad topic.)

Kudos to Mr.

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Immigration

July 18, 2015

Thirty or so years ago I was defending the teenage driver in accident case. Big damage case, with inadequate insurance to compensate the injured parties.

Counsel for one of the suing parties wanted more than the total policy limit. “Bob,” I recall asking, “You do know you want more than I’ve got, and there are two more injured parties?” And I’ve never forgotten his response: “I do, and I may only get a portion of the limit. But I have a $1m plus case here, and the longer I see it that way, the closer I’ll come to that number.”

Bob’s client only got a share of the total limit. But he was a great attorney, and often got amazing

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Iran and the Deal

July 17, 2015

Iran. It’s been an ever-present part of my Boomer life. Mohammad Reza Shah Pahlavi left Iran on February 11, 1979, when I was 21. Fifty-two hostages were taken on November 4, 1979, and released just after Ronald Reagan was sworn in as our 40th President on January 20, 1981. And on and on the Iran story has gone, leading up to the deal which was announced this week.

I have several thoughts about this deal. I offer only my words, and I will share a bibliography of smart writing when I’m done.

First, bad situations should not go on forever. Rapprochement with China came 27 years after the U.S. and China broke up. Relations with Cuba are developing only

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July 9 and 10, in Past Years

July 9, 2015

Here’s what has happened on July 9 and 10, in past years. What? Huh? Sadly, I caught of major dose of writer’s block, and I just can’t kick it. TBT—it means “truth be told” to me, not throwback Thursday—I think this might be fun. Let me know.

On July 10, 1040, Lady Godiva rode her horse, bare-ass naked, to protest some tax or something. Having put forward this information, I disclaim any direct knowledge about what happened, or that it happened on July 10. That said, naked on a horse worked better in July than January, north of the equator. (Here from Peter and Gordon is Lady Godiva, which has nothing other than a naked lady to do with

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The First Amendment (and Donald Trump)

July 6, 2015

The First Amendment to the United States Constitution states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” Today’s lesson involves “abridging the freedom of speech” and nothing else.

The text of the First Amendment only refers to Congress making no law. However, the Fourteenth Amendment bars states from making or enforcing “any law which shall abridge the privileges or immunities of citizens of the United States,” and also precludes any deprivation of “life, liberty, or property without due process of law.” Bottom line?

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Father’s Day 2015

June 19, 2015

[Note: I’ve lightly edited and updated Happy Father’s Day from June 12, 2014. Look down at my shoes if you see me soon after reading this post. And, finally, this is the last post for this weekend. If Father’s Day 2015 means anything, it means someone—me—gets a break!]

Well, Father’s Day 2015 is upon us, just a day away. I’ve now been the subject of 22, and shared a total of 44 with my father.

I like Father’s Day. Lots. I have my two-part ritual, developed over the past decade or more and missed only once, when I attended an old friend’s memorial service back East in 2009. (RIP, SH; you’re missed!)

Part one involves watching the last day of

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Fear and Blame, as Policy

June 19, 2015

Curating on Wednesdays—71 weeks without a miss, I’m pretty sure—gives me a chance to share with you what others have written. Alas—a word I’ve overused to many times—life happens, and this Friday post depends primarily on what others have written.

I stay away from Israel generally, as my life has all of the tsouris it needs right now. That said, in the last few days my friend Larry Gellman has shared pieces by Peter Beinart for Haaretz, J.J. Goldberg for the Forward (where a great-uncle of mine was what would be, today, the CFO, 85 years ago), and Jeremy Ben-Ami (the President of J Street), whose piece also appeared in Haaretz. When I read the three columns—all articulate, fact and

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Mark Rubin, Tucson Attorney

June 13, 2015

I thought I had a post which explained what I do as a Tucson attorney. Using an Attorney Effectively and Working (Mark Rubin) don’t quite nail the issue, and About Mark Rubin doesn’t either.

My practices falls within three broad areas. They are: (a) probate and fiduciary matters, and estate planning; (b) business and real estate, including advising, documenting transactions, and handling lawsuits; and (c) ethics, professionalism, and discipline.

In the probate and fiduciary world, there’s lots of paper and process. Probate involves the affairs of people who have died, as well as young people with money or no parents, or both, and older people who need help because of mental or physical infirmities. There’s paper and process because we

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Correlation, Causation, Facts and the TPP

June 12, 2015

Post hoc, ergo propter hoc means “after this, therefore, because of this,” and is a logical fallacy. Every action has consequences, but subsequent events may or may not be related to the prior event. The concept gets expressed slightly differently, and in English, as “correlation does not imply causation.”

I have been following the Trans-Pacific Partnership aka TPP trade deal just a little bit. I’ve also been following the developing battle between President Obama and Senator Elizabeth Warren (D-Mass.). He supports the TPP; she doesn’t.

Senator Warren is one of my heroes. She’s scary smart, focused on regular people, and seemingly incorruptible. She may be wrong about the TPP, too.

When trade matters come before Congress, all roads

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