Category Archives: Health

If The Scots Can Do This, Why Can’t We?

A November report in the BBC News indicates that a solar-powered boat has been developed and launched in the Philippines. http://tinyurl.com/52vyjys4

Aside: [I Googled this story and found no indication of coverage by any major U.S. news outlet online or otherwise.]

This is a solar-powered version of the “banca” boat, a traditional vessel typically made of wood and powered by a diesel engine, notorious polluters.

Stromness-based Aquatera, an Orkney company, said this was the first of its kind to be powered by renewables. The banca forms the backbone of coastal communities in the Philippines, providing lifeline sources of food, water, and livelihoods through tourism and fishing.

The new version can carry six passengers and two crew and travel up to five hours with a maximum speed of 11 knots. It has a cold-storage facility for the delivery of perishable goods and temperature-sensitive commodities, such as vaccines, to remote communities.

Ian Hutchison, director of Oceantera, said:

Through this initiative, we plan to work with local businesses, communities, and partners to help establish fossil-fuel-free transportation networks across the Philippines and wider South East [sic] Asia.

The project was included in the Renewable Energy-Powered Marine Transport for Island Communities project, funded by the United States Agency for International Development.

One small step for man ….

Can We Save Ourselves?

It’s hard to figure out what’s worse: the collapse of the common understanding of how adherence to the U.S. Constitution defines our nation or the collapse of our common understanding of what it’s going take for mankind, as a species, to survive on our dying planet. It’s the classic Hobson’s Choice: both bad.

A recent article (November 2023) in the Washington Post discussed our use and abuse of plastics, the once-miracle material that now threatens to destroy everything. http://tinyurl.com/45cbc7xm  Here are a few mind-numbing facts assembled by Journalist Tatiana Schlossberg, author ofInconspicuous Consumption: The Environmental Impact You Don’t Know You Have” and the newsletterNews From a Changing Planet:”

Between 1950 and 2021, humanity produced about 11 billion metric tons of virgin plastic — that’s the weight of 110,000 U.S. aircraft carriers. Only about 2 billion tons of this is still in use. The rest — some 8.7 billion tons — is waste: 71 percent has ended up in landfills or somewhere else in the environment, including the ocean; 12 percent has been recycled; 17 percent has been incinerated. At the rate we’re going, global plastic waste will rise 60 percent by 2050.

As things stand, from 2010 to 2050 alone, the world could generate enough to cover all of Manhattan with a pile of plastic more than two miles high.

Microplastics have been found in breast milk and in our blood. Around the world, up to 60 percent of all recycled plastic is collected by waste pickers, often members of poor and marginalized communities, who suffer from inhaling caustic fumes from burning plastic and drinking water heavily contaminated with microplastics.

The author strikes a note of optimism by citing a 175-country agreement in 2022 to “develop a legally binding international treaty to end plastic pollution by 2040.” This is the classic “agreement to agree” scenario, if we can. The author maintains that a combination of a mere nine policies “could reduce annual plastic waste by more than 87 percent.”

I will spare you the agonizing details of what’s possible and let you read for yourself. Then you can decide whether you think any of this will happen. Just note this:

U.N. negotiators just finished meeting again in Nairobi to begin crafting the actual treaty, in hopes of completing it by the end of next year [2024], though progress seems to have stalled, a result of excessive influence from oil and gas industry lobbyists, according to nongovernmental organizations. [emphasis added]

Those folks will no doubt be joined by the likes of Amazon and, in the DC area, Giant Foods, whose packaging practices have zero apparent regard for the efficient use of cardboard and plastic packing materials. As the world’s number-one plastic polluter, we should be able to count on U.S. leadership in this effort to save the planet, but don’t count on it.

It will take, I suggest, a massive public uprising to compel industry to pay attention to this existential threat to the survival of our species. Given everything else going on in American politics right now, such an uprising seems a pure fantasy.

One thing seems certain, when the end comes, it won’t be pretty. The worst dystopian stories you’ve ever read will seem like child’s play. We almost at the irrevocable tipping point on climate change, so add the destruction of the oceans and all the rest and you can begin to imagine what will happen. This is not a movie, and there will be no miraculous “save” just before the end.

No Way to Run a Government

USAToday reports that Republican Senator Tuberville’s hold on over 400 military promotions (excluding four-star nominees) has ended. https://tinyurl.com/yeyvkxk5

The former football coach turned U.S. lawmaker in one of the world’s most important deliberative bodies has stymied the promotions for 10 months while trying to force the Pentagon to yield to his desire to stop the Pentagon from giving service members time off and pay for travel to have an abortion. The policy was put into effect after the Supreme Court overturned Roe v. Wade last year.

Thus, we have a government in which a single Senator, one of one hundred, can stymy the earned promotions of hundreds of military personnel vital to the nation’s defense because he, one Senator out of a hundred, objects to a Pentagon policy. Not coincidentally, note that the policy he wanted to thwart directly helps only women. And, of course,

The retired college football coach said he has no regrets blocking the nominations in protest of the Pentagon’s policy.

Of course he has no regrets. The Senator will now try to force the Pentagon to his will by having Republicans in the House, where they have a very slim majority, to force the Pentagon’s hand through the annual defense spending bill. After all, who needs defense when you are trying to impose your religious views on the entire government? Even Mitch McConnell apparently thought Tuberville was off base on this one, calling his action “dangerous.”

Among other preposterous and grossly irresponsible aspects of Tuberville’s blockade was that it led a group of senators to spend five hours in November on the Senate floor trying to secure individual votes on each promotion. Apparently, the great deliberative body had plenty of time on its hands, so no problem jumping through procedural hoops trying to overcome the obstinate resistance of one Senator.

This is no way to run a government. A single legislator, elected by 1,392,076 voters, representing 1.7 percent of the 80,821,083 total votes cast for Senators in 2020, is able to dictate policy to the entire government. I rest my case.

Guns Shows & the American Curse

[The following is a guest post by Nadine Godwin, a longtime friend and former editor of Travel Weekly among other gifts. She routinely spends huge time investigation important issues that are being considered in federal agencies and preparing/circulating alerts, often with drafts of comments. Her messages to a select list of recipients date back to 2017]

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has proposed a rule that would effectively, for the first time ever, require almost anyone who sells guns on the Internet or at gun shows to obtain licenses to make those sales.

This matters because holders of federal firearm licenses are required to conduct background checks on their buyers, to sell only guns with serial numbers and to record the sales.

Currently, gun sellers on the Internet and at gun shows don’t have to be licensed, which means they don’t have to do background checks. This circumstance is often called the gun show loophole, but the loophole is way bigger than gun shows.

These days, nearly a quarter of all gun sales occur without background checks or adherence to the other rules associated with a license to sell firearms. Furthermore, up to 80% of firearms used to commit crimes are obtained from unlicensed sources, i.e., without background checks.

Meanwhile, Americans overwhelmingly (87% to 90%, depending on the poll) favor expanded background checks for gun buyers. I support the ATF proposal because I am one of that huge majority.

The deadline for comments on the ATF proposal is Dec. 7. 

Background + some details of the proposal

Sellers on the Internet and at gun shows aren’t licensed now because the relevant law, the 1968 Gun Control Act, was too vague about which gun sellers must be licensed. Besides which, Internet selling wasn’t a thing in 1968.

As a result, brick-and-mortar operations have gotten licenses, but other sellers have not been pressed to do so. Gun traffickers, individuals with dodgy backgrounds and buyers with lethal intent could thus make their purchases essentially unnoted. It is easy to see how this increases the odds for gun violence.

For the good news (my view), the Bipartisan Safer Communities Act, passed last year, set the stage for expanding background checks.

Whereas the 1968 legislation required licenses for those with the “principal objective of livelihood and profit,” the 2022 Safer Communities law requires licenses for anyone who deals in guns “to predominately earn a profit.” That language isn’t very specific either, but it does contemplate licenses for anyone selling guns for profit even if profits aren’t a significant portion of the seller’s livelihood.

It was left to the ATF, the only federal agency with a mandate to regulate the gun industry, to create the rule that makes clear which sellers must be licensed, based on the updated language found in the 2022 law.

For starters, the ATF proposal states, a person is presumed to be in the business of selling firearms if among other things the person:

    • Repetitively sells or offers for sale firearms within 30 days after they were purchased,
    • Repetitively sells or offers for sale firearms that are new, or like new in their original packaging, or
    • Repetitively sells or offers for sale firearms of the same or similar make and model.

Furthermore, the proposal says, it will be presumed a person intends to “predominantly earn a profit” if among other things the person a) promotes a firearms business, however casually; b) keeps records documenting profits and losses; c) obtains a state or local business license for the sale of firearms, or d) buys a business insurance policy that covers firearms inventory.

The rule, if finalized, will apply to gun sales in flea markets and mail-order businesses as well as in the oft-discussed Internet and gun show venues.

The ATF estimates that anywhere from 24,540 to an astonishing 328,296 unlicensed persons selling guns for profit would be affected by this rule.

Geez, a lot of people sell guns!

What to do

The proposed rule wouldn’t require universal background checks for gun sales (our feckless Congress must legislate that), but it gets us a lot closer.

If you support this enhancement to ATF regulations, please speak up by filing comments by Dec. 7 here: https://www.regulations.gov/commenton/ATF-2023-0002-0001.

I am adding a few sample messages, prepared by gun safety groups, that you can use for inspiration.

Finally, please share this letter with anyone you think might want to comment, as well.

Thanks

Nadine Godwin

P.S. For those who would like to know more about this proposal, I am also adding a helpful explainer. It was prepared by Giffords, a gun safety advocacy group founded by former Rep. Gabby Giffords after she was shot in the head and nearly killed while meeting with constituents in Arizona in 2011.

SAMPLE MESSAGES:

From Brady Campaign to Prevent Gun Violence

I strongly support the proposed rule to ensure that individuals who are “engaged in the business” of selling firearms are licensed, thus requiring them to complete background checks for all firearm sales and maintain records of those transactions, and that dealers who have lost their licenses may no longer sell firearms to the public.

A recent study found that more than one in five gun sales in the U.S. are conducted without a background check, amounting to millions of off-the-books gun transfers annually; many of these transactions are facilitated by individuals who profit from the repetitive sale of firearms yet avoid the oversight required of licensed dealers.

This is a public health and safety issue, and I urge the Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives to finalize the rule in order to prevent further firearm transfers to prohibited purchasers.

From Everytown for Gun Safety

Our background check system was created to keep firearms out of the hands of individuals who are not allowed to purchase or possess them. But loopholes in the system — like the ones that allow unlicensed gun sellers to sell guns online and at gun shows without running background checks on their buyers — undermine it.

That’s why ATF’s proposed rule must be finalized. It will help close loopholes in our background check system that have, for decades, been exploited by bad actors like gun traffickers, straw purchasers and other prohibited persons, including domestic abusers and convicted felons.

I support the proposed rule because it makes clear that firearms dealing can take place wherever and through whatever medium guns are bought and sold — whether at a gun show or at an online marketplace — and that conduct, such as selling guns of the same or similar kind and type, constitutes firearms dealing. Such gun sellers will need to become licensed dealers and, as licensed dealers, run background checks.

More to the point, the proposed rule will save lives. That’s why I support the proposed rule and why I encourage ATF to finalize it.

Another canned message prepared by Everytown for Gun Safety

I support the ATF’s proposed rule (Docket No ATF 2022R-17), which would dramatically reduce the number of guns sold without a background check.

I urge the ATF to finalize this rule as soon as possible. Guns sold without background checks — both online and at gun shows — are a huge source for gun traffickers and people looking to avoid a check. These guns often end up trafficked across state lines, recovered at crime scenes in major cities and used against police officers. This contributes to the gun violence epidemic plaguing our country.

The long-standing lack of clarity around which sellers must become licensed and run background checks has made this problem all the worse.

I support the clear commonsense standard laid out in this rule: Anyone offering guns for sale online or at a gun show is presumed to be trying to make a profit and should therefore be licensed and run a background check on each customer. This rule will save lives and should be urgently finalized.

GIFFORDS

COURAGE TO FIGHT GUN VIOLENCE

 FACT SHEET: FEDERAL REGULATION TOEXPAND BACKGROUND CHECKS

THE PROBLEM

Under current federal law, certain individuals with a history of felony convictions, domestic violence, or involuntary mental health commitments are prohibited from purchasing or possessing firearms. This law is enforced primarily through the National Instant Criminal Background Check System (NICS), which licensed gun dealers, those holding a Federal Firearms License (FFL), are required to contact, either directly through the FBI or indirectly through state or local law enforcement, to determine a person’s eligibility to possess firearmsbefore selling or transferring a firearm to them.

There is, however, a significant loophole that exists when guns are sold by unlicensed individuals. Only those sellers who are required to obtain an FFL through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) must perform background checks via the NICS system. As a result of this loophole, unlicensed gun sellers frequently sell guns without background checks online, at gun shows, and through unregulated person-to-person sales.

This loophole makes it far too easy for people prohibited from purchasing or possessing guns to circumvent the laws on the books and obtain guns. Up to 80% of firearms used for criminal purposes were obtained fromunlicensed sources, meaning no background check was required. With the rise of social media and the expansion of internet access, new avenues for unlicensed gun sales have opened up via websites like Armslist.This expansion of access has made the background check loophole an even more salient issue, and in fact,nearly a quarter of gun sales in recent years have occurred without a background check.

“ENGAGED IN THE BUSINESS” AND CHANGES MADE BY BSCA

Fortunately, the landmark Bipartisan Safer Communities Act (BSCA) provides a remedy for the above issue. The 1968 Gun Control Act (GCA) mandates that all those “engaged in the business” of selling firearms acquire an FFL. This status triggers federal laws and regulations that licensees must follow, including the requirement that they conduct a background check on potential purchasers. Before the BSCA,the GCA was unclear as to the level of sales activity that distinguishes someone who sells guns occasionally-and is thus not subject to licensing requirements-from someone who is “engaged in the business” of firearm sales and qualifies as a firearms dealer.

The BSCA updated the definition of “engaged in the business.” Now, instead of including only those who sellguns with “the principal objective of livelihood and profit,” the law includes anyone who deals guns “topredominately earn a profit.”

giffords.org

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

When Will We Learn?

Two cases in point.

Case One:

The Yale School of Public Health reports that

Some “non-menthol” cigarettes that are being marketed as a “fresh” alternative in states where traditional menthol cigarettes are banned use synthetic chemicals to mimic menthol’s distinct cooling sensations, researchers at Yale and Duke University have found.

The synthetic additives could undermine existing policies and a U.S. Food and Drug Administration ban on menthol cigarettes expected later this year that is intended to discourage new smokers and address the harmful health effects of tobacco use.

https://tinyurl.com/35r7t7wz

….

Hundreds of municipalities across the United States and some states – Massachusetts and California – have already restricted the sale of flavored tobacco products, including menthol cigarettes.

In a study published Oct. 9 in the Journal of the American Medical Association, researchers from the Yale School of Public Health, the Center for Green Chemistry & Green Engineering at Yale, and Duke School of Medicine identified a synthetic flavoring agent known as WS-3 in the newly introduced “non-menthol” cigarettes that delivers similar, or stronger, cooling sensations as menthol but without the minty aroma or taste.

….

Flavored tobacco products such as menthol cigarettes tend to reduce tobacco’s harsh effects making them particularly popular among young people and those just starting to smoke. Historically, menthol cigarettes have also been aggressively marketed towards African Americans, with up to 90% of African Americans who smoke using menthol cigarettes.

It seems likely that this “gap” in the regulatory regime for death-dealing cigarettes results from the regulations being based on specific chemicals rather than on the effects of flavor-enhancing chemicals regardless of type. The lesson to be learned from this, yet again, is that industries looking to make money regardless of impacts on public health will always look for an escape route and finding such routes is always easier when the “thing to avoid” is named rather than relying on the effects of the danger factor or the way it influences behavior.

The historical conduct of the tobacco industry, among others, should be a lesson for governments at all levels that you have to think very deeply about what you’re trying to prevent and how such prevention may be avoided. This doesn’t seem that hard.

Case Two:

The Virginia Highway Use Fee (the “HUF”).

I only recently learned about this assessment even though we bought a highly fuel-efficient hybrid vehicle in late 2020. The fee is not a lot of money, but the purpose of the fee is offensive and counter to other goals, or what should be other goals, as we try to offset some of the worst environmental effects of our dependency on automobiles.

The fee is $25 a year. The Virginia law provides a way of saving, maybe, $5 of the fee but is very complicated and, in my judgment, not worth the effort that involves obtaining another “reader” for your windshield, taking and reporting readings, etc. No thanks. Not to save $5.

More troubling is the motivation for this fee.

According to the Virginia Department of Motor Vehicles,

     You pay the HUF if you register a:

    • Fuel-efficient vehicle, which is a vehicle that has a combined fuel economy of 25 miles per gallon (MPG) or greater
    • Vehicle made in a year in which the average combined MPG rating for all vehicles produced in that year is 25 MPG or greater
    • Low Speed Vehicles, pay an annual $25 HUF

The highway use fee (HUF) helps make up for the fuel taxes that drivers with fuel-efficient and electric vehicles spend less on, because they’re not using as much fuel.

Among the vehicles exempted from the HUF are:

  • Vehicles with a combined MPG rating less than 25 MPG
  • Autocycles
  • Motorcycles
  • Mopeds

The HUF was started in 2020 but in July 2022,

the state launched an alternative program to let drivers pay the fee at a per-mile rate — a cost savings for those who drive less than the average amount, which officials peg at 11,600 miles annually. For drivers of battery-powered cars, that fee works out to a penny per mile. [https://tinyurl.com/yh4kt6tx]

In plain English, Virginia wants to penalize you for using a fuel-efficient vehicle (like a hybrid or fully electric, that, by the way, costs more than a regular gas-using vehicle) by forcing you to pay taxes based on gasoline consumption you don’t use, BUT you can potentially reduce the penalty slightly by signing up for the complex pay-per-mile program.

Or you can have what’s behind Curtain No. 1.

Seriously, this crazy scheme is a product of multiple conflicting forces, including Congress’s failure to increase gas taxes since 1993, the attraction of fuel-efficient vehicles and the inability of states to see the clear alternative of just taxing vehicles sufficiently to provide the revenue they need for road maintenance without depending on gasoline consumption. The current system must be beloved in the hallowed halls of the oil companies as it disincentivizes the purchase of fuel-efficient vehicles.

The more one looks at these systems of regulation, the more our government looks like something created by the Keystone Kops. If you don’t know what they are, see https://en.wikipedia.org/wiki/Keystone_Cops

 

Guns In Schools – American Shame

If you haven’t seen it recently, or ever, you should watch the YouTube video of Jeff Daniels’ answer to a college sophomore’s question: why is America the greatest country in the world? It’s here: https://www.youtube.com/watch?v=z2HKbygLjJs, from a great TV show called The Newsroom, well worth watching in its entirety.

I don’t know whether the data Daniels cites in the excerpt is accurate today but in general terms it likely is. That’s a hard pill for many Americans to swallow. Fear and loathing are rampant throughout the country, especially in the so-called “red states,” where Republicans promote the decline of the United States for political gain but have no solutions to offer except blaming others for what are distinctly American failures.

No better example exists than the data on guns in schools. Guns are seized in U.S. schools each day. The numbers are soaring. https://tinyurl.com/55hxzkm5

More than 1,150 guns were seized in K-12 schools last year

Nationwide, 1 in 47 school-aged children attended a school where at least one gun was found and reported on by the media in the 2022-2023 school year.

One high school student described his school as a “war zone” following the discovery of two guns at school in the first five days of his junior year. Both pistols were loaded.

That student’s experience was typical of “students of every age in every state throughout the school year, a bleak reflection of a society awash in firearms.”

Last school year, more than six guns were seized each day, on average. Nationally, 1.1 million students attended a school where at least one gun was found and reported by the media. Data collection limitations, including the fact that many school districts don’t bother to track the information, make it clear that those figures grossly understate the true magnitude of the danger.

A Washington Post survey of 51 of the country’s largest school systems showed that 58 percent of seizures in those districts last academic year were never publicly reported by news organizations. Those same districts said the number of guns recovered on campus rose sharply in recent years, mirroring the growing prevalence of firearms in many other public places.

In some cases, quick action by other students and school administrators almost certainly prevented mass murders of students and teachers. But reports indicate that some school districts are more concerned about avoiding scrutiny and causing alarm than they are interested in protecting students and school staff.

Police in Golden Valley, Minn., complained in March that middle school officials waited five days to notify them of two boys who appeared to be posing for social media pictures while holding a gun in the school bathroom; a spokesperson for the Robbinsdale Area Public Schools district said officials have worked since then to improve the school-police partnership.

That sounds like, “we take our peoples’ security very seriously. Their safety is our top priority.” Those are probably the most common, and meaningless, clichés in modern American language.

In 51 of the 100 largest school districts, representing 6.3 million students, 515 guns were found during the last school year. Only 42 percent of those seizures were reported publicly. In DeKalb County, Ga., (includes Atlanta) with a 2020 population of 764,382, only two of the 24 guns were reported.

The 47 districts for which The Post was able to obtain five full school years of data saw a 79 percent increase in guns found on campuses over that time frame [past five years]. In many communities, the number of guns found has more than doubled, a trend that mirrors a precipitous rise in school shootings.

While many instances of guns in schools are the result of gross parental negligence, or worse, that is far from the whole story.

The gun brought to Rome High on the fourth day of school was stolen in Alabama. According to media reports, a gun stolen in Las Vegas found its way into the hands of a 16-year-old at a Lawrence, Mass., high school; another 16-year-old brought a gun stolen in Georgia to his Manchester, Conn., high school; in Columbus, Ohio, a high-schooler showed up with a gun stolen in Martin County, Fla.; and in Nashville, a 17-year-old came to school with two loaded pistols in his backpack, one of them stolen out of Madison, Ala. An 18-year-old was arrested at a high school in Ames, Iowa., for possession of a 9mm semiautomatic pistol that was stolen from the center console of a pickup truck in Cape Girardeau, Mo., according to a police report. The teen said he bought the gun from a stranger at a gas station in Missouri, seeking protection, the report said.

While it is tempting to blame the problem in large part on teenage “craziness,” the data indicates that many younger students are involved:

… authorities found guns on at least 31 students age 10 or younger during the 2022-2023 academic year …. As is the case in most school shootings, the majority of those guns were brought to campus by children who could not legally purchase a firearm on their own.

Common Threads

Several common themes leap out from the Washington Post and other reports about kids bringing guns to schools:

  • School administrators are often slow to act and slow to inform parents about incidents.
  • Administrators are sometimes more interested in protecting the school’s “image” than in protecting students and staff.
  • Administrators sometimes refuse to respond to legitimate questions about these incidents, despite their role as public officials with responsibility to protect students and staff.
  • Parents whose carelessness/indifference and/or active support for gun culture are usually not held accountable for the conduct of their children.
  • Kids who bring guns to schools are often sheltered from consequences because they are minors.

That last point raises a bigger question. American society generally is based on the view that minors are not fully accountable for their behavior. This policy is based on the science of brain development and a concern that “immature” behavior” attributed to individuals will haunt them later in life and that this is unfair.

Why, exactly, such accountability is unfair is unclear. Also unclear is why it is more appropriate to be concerned about the perpetrators than about their actual or potential victims, many of whom will be traumatized, possibly forever, by their encounter with a fellow student armed and prepared to kill.

There are other consequences too. Teacher shortages because teachers feel disrespected, unsupported, and endangered. Budget issues arising from lawsuits against school systems that failed to do the right, and difficult, thing when confronted with a gun situation. Distracted students wondering when the next threat will walk into their classroom when they should be paying attention to the lesson. And more.

I urge you to read the full Washington Post story that inspired these thoughts. https://tinyurl.com/55hxzkm5 Every American should be concerned that our submission to the prevailing gun culture has led us to a dark place where young school children must undergo training in case their school is the scene of a shooter. And to a place where school administrators are free to simply refuse to communicate about their failures and their self-interested conduct at the expense of students’ safety.

Teachers in dozens of communities raised similar concerns about school safety after gun incidents last school year. In Harper Woods, Mich., in June, the teachers union accused school officials of trying to cover up an incident in which a student with a gun escaped the school staff and evaded metal detectors; in April, the Massachusetts Teachers Association accused a superintendent of “total disregard for the safety of students and school personnel” after a student posted videos of himself on social media that showed him wielding a gun on campusThe Southbridge, Mass., school system disputed the union’s account and said it was working with police on lockdown drills and other safety procedures.

The WAPO story recounts how students evade security systems and why students are often wary of reporting what they see. Once it becomes clear that the school is more interested in its reputation than in preventing gun violence, most kids are not going to risk being called a “rat” when they report someone who is handled with kid gloves and often back in the school soon after.

The graph below tells the story as well as anything. It does not, of course, measure the trauma experienced by students and staff who managed, by luck or whatever, not to be killed or wounded. This is the price we pay for the American obsession with guns.

One of the comments submitted to the WAPO story argued that the data prove that the “fraction of criminal violators in school populations” is so low, we should stop “propagandizing” about the problem. One response posted said: “Gosh, when you put it that way the blood stains almost fade away…” But, of course, they don’t. Ever.

View from the 50th floor–Memories of New York City [CORRECTION]

An astute follower has reported to me an error in the post below. She is correct. The sentence should read this way:

Protests & Celebrations – we attended many, walking for miles sometimes, in good weather and bad; the best was the day Donald Trump’s defeat in 2020 was announced, absolutely the best.

Has been corrected below. Apologies.

*******

As I work on a new writing project, I have revisited posts from my now-removed blog, AutumnInNewYork, covering the period from early 2018, very soon after we moved there, to late 2020 when we returned to the Washington DC area. I have been reminded of the many extraordinary experiences we had in New York, many of which I posted about, but all of which remain firmly and vividly etched in my memories of that glorious and horrific (the pandemic) time. The list is long. We miss it every day.

Continuum Contemporary/Ballet – seeing them at Bryant Park in the spring of 2018 converted me to a lover of classical ballet.

New York City Ballet & American Ballet Theater- extraordinary in every way

Alvin Ailey – the studio was a few blocks from our apartment; my wife took lessons there; you could, on some lucky days, stop by and look through the gaps in the window covers to watch the lessons, often attended by professionals whose grace and power marked them from the majority of amateurs there for the exercise; it was not uncommon to see a ballerina or male dancer on the street—they had a distinctive way of walking and were obviously in perfect physical condition.

Central Park – a ten-minute walk from our apartment; our salvation during the COVID horror and always uplifting and interesting; no better place for people watching. And for observing the mystery of the Mandarin Duck who left us too soon. And Barry the Barred Owl, may she rest in peace.

High Line – a public park built on a historic freight rail line elevated above the streets on Manhattan’s West Side, a lovely place to walk on a sunny day with flowers and other interesting displays.

World Trade Center – the new complex and accompanying memorials to 9/11 are a must-do, along with the Oculus; spectacular views from the top.

Jazz Clubs – New York City remains the epicenter of jazz music and culture in America. Some (Jazz Standard) were killed off by the pandemic, but the Village Vanguard, Dizzy’s Club, Smoke, Birdland, and Blue Note were regular visits for us.

Special Places – Nuyorican Poets Café, the ultimate in basic (folding chairs for the audience; get your own drinks; platform stage with a mike) but we had an amazing experience of slam poetry there one evening, highlighted by L.J. Hamilton who later posted on Facebook about our encounter that night:

The winning point for me was when an elderly White gentleman came up to me afterwards and shook my hand and said “You should be published. You have the most powerful voice and words I’ve ever heard.”

Being that my first piece was on racial profiling, racism, and injustice, and my second piece was on domestic violence, I definitely appreciate him actually acknowledging and appreciating my work.

A sample of Hamilton’s remarkable voice can be heard at https://tinyurl.com/2p9y4aus but buckle up first.

Street Fairs – entire avenues would be shut down to accommodate these massive affairs, often involving elaborate musical/dance performances along with seemingly endless booths of food, clothing, and random stuff.

Parades – Labor Day parade of unions, Macy’s Thanksgiving, Christmas, Feast of San Gennaro, Chinese New Year.

Christmas Lights – often freezing with massive crowds, but oh so spectacular displays on department and specialty stores along the avenues.

Protests & Celebrations – we attended many, walking for miles sometimes, in good weather and bad; the best was the day Donald Trump’s defeat in 2020 was announced, absolutely the best.

Zoos & Gardens – Brooklyn Botanical Garden, Bronx Zoo, Central Park Zoo

Museums –9/11 Memorial, MOMA (Modern Art), Natural History, Moving Image, Guggenheim, Art, Pierpont Morgan Library, Whitney.

Broadway Shows – all the great ones.

Buildings – many reflective surfaces creating art within the skyscrapers; from our windows, the twin towers of Time Warner Center on one side, the Empire State Building on the other; and the Hudson River and … and ….

Restaurants – many unusual places (Mari Vanna – Eastern European/Russian), Bricco – great family-owned Italian place where the owner kissed all the women goodbye (inexplicably out of business one day); Kalustyan’s (food from dozens of countries), DeGrezia, lovely upscale Italian (killed by the pandemic); Grand Central Oyster Bar; New York hot dogs, Zabar’s (bagels and lox).

Sounds & Weather – rushing, traffic, ambulances, fire engines … always; weather changing every few blocks.

Special Experiences – Late Show w/Stephen Colbert, NBC Studios, NY Philharmonic Orchestra streaming.

New Yorkers – a special breed; but not what you think; impatient but not unhelpful; many instances of kindness shown.

Pandemic – unimaginable that literally thousands of people in the city were dying each day; we lived next door to Mt Sinai West Hospital; ambulances around the clock; death and despair everywhere; evenings participating in shouting out the windows/banging pots/applauding, displays of appreciation and affection for the hospital workers risking and often sacrificing their lives for everyone else; six weeks of lock down. With help, we survived.

The Music We Cannot Hear

I have finally finished my slog through the third book by Siddhartha Mukherjee, The Song of the Cell (2022). You may know that Mukherjee won the Pulitzer Prize in 2011 for the extraordinary work, The Emperor of All Maladies: A Biography of Cancer.

I say “slog,” because I understood only a fraction of what I read in this remarkable book and could only take it in small doses. Even then it was a challenge, not because of exposition issues but because I simply cannot understand how scientists know what they know. Much of the story of the cell, which is really a multitude of highly differentiated “things,” has been learned in fairly recent times, but that reality is one of the keys to what I did come to realize as I moved through the astonishing complexities of cell-level biology.

The realization was how most of what we think is known by those who know this stuff is the product of accumulated trial, and sometimes egregious error, by a vast array of people over extended periods of time. Typically, someone in a laboratory somewhere comes up with some idea, inspiration, theory, call it what you will. He (typically a “he,” but thankfully less so over time) works on it, sometimes for years and then, with or without a meaningful or useful conclusion, moves on to other pastures.

Then, and this is the key to the whole story, years, sometimes decades later, some other scientist in a lab somewhere else, or maybe just in a library, finds a paper about the earlier person’s work, decides to take it up for further exploration perhaps with the benefit of intervening developments in the science, expands the theory, tests it and … sometimes … makes a major new discovery. The old idea may be rejected entirely or merely extended with the use of new technologies.

This narrative occurs over and over and over again through time. One discovery or idea builds on another, then is added to by someone else, then another person or entire team takes it up and … discovery occurs. Truth emerges. Theory becomes practice. Concepts become medical solutions to previously unsolvable mysteries of illness. One thing builds on another. Along the way there are many false starts, mis-directions, failed experiments, misunderstandings.

Sometimes the “establishment” rejects out of hand a new idea that challenges the current orthodoxy. Reputations are ruined for some along the way. Some give up and just move on to other subjects until someone else, somewhere, picks up the trail, has a new insight, solves a seemingly unsolvable mystery.

Thus, are born immunotherapy and a multitude of medical “miracles” never conceived of. Transplants of organs become possible. Open heart surgeries. On and on. It’s never easy and there is often resistance to progress. When embryonic stem cells were being investigated,

…critics, mostly from the religious right, would have none of it. They argued that human embryos had been destroyed – defiled – during the production of these cells and that embryos constituted humans. That these IVF [in vitro fertilization]-produced embryos were yet to acquire sentience, had no organs, were no more than a ball of undifferentiated cells that would otherwise have been discarded anyway, hardly placated them; it was their potential to form future humans that made them currently human …. In 2001 President George W. Bush, pressured by opponents of ES cell research, passed a law restricting federal funding to research involving ES cells that had already been derived …; any attempts to make new ES cells could not be federally supported. In Germany and Italy, too, research on human ES cells was highly restricted and, in some cases, banned.

The book touches on other “cutting edge” dilemmas, as well, such as human enhancement through genetic engineering.

But for me, the main story was the way in which science moves forward. Working scientists separated by time and space find each other and each other’s work, building on it and bring humanity the most remarkable discoveries. Not least of these were the vaccines that brought an end, more or less, to the COVID pandemic. At least for now. The work will continue, just as the challenges will continue to come. And the song of the cell will expand into new rhythms, new stanzas, new understandings without end.

Our Burning World

[Note: This post has been in development for a long time. I was inspired to finally post it when I finished Lopez’s essays, discussed below, and then by the tragedy that has unfolded in Maui. The devastation of Hawaii’s island gem is just the latest example of the fate that awaits us if global action is not taken promptly to combat climate change. We’ve seen it in California and many other places in the United States and the world over. Time is running out.]

Reading the accomplishments of author/environmentalist Barry Lopez, author of the National Book Award-winning masterpiece, Arctic Dreams, is more than enough to give anyone a deep sense of inadequacy. https://tinyurl.com/4wpfch3a I recently finished his posthumous collection of essays, aptly titled Embrace Fearlessly the Burning World (2022).  I was stunned to learn that Lopez had died on Christmas Day 2020, shortly after my wife and I moved back to the Washington DC area (in DC itself for the first time), after having survived the pandemic in New York City.

Lopez wrote Of Wolves and Men a decade earlier than Arctic Dreams. According to Wikipedia, “López is a surname of Spanish origin. It was originally a patronymic, meaning “Son of Lope”, Lope itself being a Spanish given name deriving from Latin lupus, meaning “wolf”. https://en.wikipedia.org/wiki/L%C3%B3pez This is an interesting juxtaposition in light of Lopez’s interest in natural history. Of Wolves and Men was a National Book Award finalist. Of that book, Amazon.com accurately says that it,

reveals the uneasy interaction between wolves and civilization over the centuries, and the wolf’s prominence in our thoughts about wild creatures. Drawing on an astonishing array of literature, history, science, and mythology as well as considerable personal experience with captive and free-ranging wolves, Lopez argues for the necessity of the wolf’s preservation and envelops the reader in its sensory world, creating a compelling picture of the wolf both as real animal and as imagined by man. A scientist might perceive the wolf as defined by research data, while an Eskimo hunter sees a family provider much like himself. For many Native Americans the wolf is also a spiritual symbol, a respected animal that can make both the individual and the community stronger. With irresistible charm and elegance, Of Wolves and Men celebrates scientific fieldwork, dispels folklore that has enabled the Western mind to demonize wolves, explains myths, and honors indigenous traditions,

Lopez’s profound ability to think deeply about everything he observed and to connect his observations to larger principles was amazing. And he did it with prose so powerful that you stop to reread sentences and whole paragraphs just to be sure you understood every insight he was recording. Here are a few examples from his 2019 memoir, Horizon:

It is here, with these attempts to separate the fate of the human world from that of the nonhuman world that we come face-to-face with a biological reality that halts us in our tracks: nature will be fine without us. Our question is no longer how to exploit the natural world for human comfort and gain, but how we can cooperate with one another to ensure we will someday have a fitting, not a dominating, place in it.

What cataclysm, I often wonder, or better, what act of imagination will it finally require, for us to be able to speak meaningfully with one another about our cultural fate and about our shared biological fate?

         ….

The desire to know ourselves better, to understand especially the source and the nature of our dread, looms before us now like a specter in a half-lit world, a weird dawn breaking over a scene of carnage: unbreathable air, human diasporas, the Sixth Extinction, ungovernable political mobs.

And this:

It might have been useful once to identify and denounce enemy cultures, those that were seen as ruthless and exploitive, obsessed with wealth and indifferent to social justice at the highest levels; but … I feel that this time has passed. People in every country today can identify with the very same threats to their lives and to the lives of their progeny. And many know their governments, elected or self-appointed, are too cowardly, too compromised, or too mean-spirited, to help them.

One of Lopez’s great gifts was the ability to view and understand situations through the eyes of multiple cultures. It was as if he had multiple minds in one body. Lopez, ever the brilliant storyteller, related the life of Ranald MacDonald, the product of a mixed marriage – a Chinook mother and a white father – who was born in 1824, a time when, not unlike today in some respects, being of “mixed blood” was a huge obstacle to advancement.

MacDonald traveled and had many jobs, coming to have a deep connection to the indigenous people of the Pacific and believing that the Japanese were related to American Indians. He also thought that Western industrialization was an imminent threat to Japan, that had been virtually sealed off for over a hundred years from Western contact. MacDonald managed to get to Japan and during a brief period of acceptance by the Japanese taught 14 members of the shogun’s court to speak English in the hope that it would help them deal with the Western merchants and military he believed, correctly, were soon coming to Japan. MacDonald died in relative obscurity, but Lopez gave a moving tribute to his life as one of the many people of talent and inspiration who was limited by racist and cultural biases throughout his life.

Then, there is Yuval Noah Harari, the author of Sapiens, A Brief History of Humankind, that I have not read, and the sequel, Homo Deus, A Brief History of Tomorrow, that I am about to describe. As I understand it, the central story line of Sapiens was the emergence of humans as the dominant animal on the planet. These people are us — empowered by superior intelligence, opposable thumbs, tool-making ability, and all the rest — to reshape the earth in ways that were perceived as important to the survival and continued dominance of humankind over all other species on the planet. The supreme irony is that “homo sapiens” refers to the only surviving sub-tribe of Hominina and translates to “wise men.”Deus translates, of course, to “god” or “deity.” I will just leave that there. You get the idea.

Harari opens Homo Deus with the assertion that the primary historical scourges of mankind – famine, plague and war – have largely been conquered. As a result, he predicts man will now turn his main attentions to “a serious bid for immortality,” the arguably logical extension of the struggle against famine and disease. The first 70 pages of Homo Deus lay the foundation for what is to come. He argues that it was not the larger brains as such, with attendant superior (to other animals) intelligence, that enabled the planetary domination by humans. Instead, he says, it was the ability of homo sapiens to cooperate with strangers that was the key to it all.

Harari’s opening argument is obviously a very big idea and likely some people will take issue with it. So be it. The point is that these are “frontier concepts,” things most of us likely have not often thought about in depth but that have a lot to do with the future of our species. They were certainly subjects of little or no interest to Trump and his cabinet of policy makers and grifters. But Harari has thought about these issues profoundly. I won’t be around to see if he’s right but I am powerfully interested in understanding his provocative thinking.

His writing will not appeal to evangelical Christians or others similarly inclined. Harari leaves no doubt that he does not believe in the existence of souls, human or otherwise, pointing to, among other things, the absence of evidence. Above all else, Harari, a historian by trade, is an evidence guy. If no evidence appears after extensive investigation, the “thing” most likely does not exist and never did. Me too.

There is another aspect to this, one that I have touched on before. See, for example, the post entitled The Larger Meaning of “Hidden Figures.”  https://shiningseausa.com/?s=hidden+figures  We have in these two people – Lopez and Harari — examples of humans who, in slightly different circumstances, might well have been ostracized and prevented from reaching their potential as students and later as teachers for the rest of us. Lopez was as American as apple pie, but he bore a family name of Spanish origin. It is not hard to imagine that the Trump administration saw him as a target, because of his name and because he was a truth-teller who wrote and lectured about environmental policies that are anathema to Trump and the Republican Party. Imagine what will happen if Trump, armed with years of new grievances, regains power.

Harari is an even easier target. He was born and grew up in a secular Jewish family with Lebanese and Eastern European roots. That might not have been a problem for the Trump administration, given its attachment to the right-wing leadership of Israel, but there is more: Harari is openly gay and married to a man (in a civil ceremony in Toronto – those Canadians again!). They live in a kind of cooperative agricultural community of individual farms, some might call it a commune. Or socialism! OMG! People working together for the common good. Outrageous.

Reading the challenging and awe-inspiring ideas of these two people, I am reminded yet again of all the other “non-white” men and women whose race-based suppression has deprived all of us of the untold benefits of people capable of seeing things more deeply and thinking in frontier concepts that open our minds to new possibilities.

And to what end? What coherent mental process leads people like Stephen Miller and Donald Trump to the conclusion that some people, solely because of their ethnic heritage, are a danger to American society and should be removed from it? How does Miller rationalize his strident opposition to immigration in light of his mother’s Jewish parents having come here from Belarus in 1903?

We will never know but the point is that suppression of the “other” risks the loss for everyone of life-enhancing contributions to the improvement of society. We will never be able to “know” what we have lost, but it is certain that the loss has happened and continues. If, as is often speculated, this suppression is based on fear of displacement by the unknown, the leaders of the suppression should look at what is known. THAT is what they should be afraid of, the “scene of carnage” described by Lopez.

Some of Lopez’s last words in print are compelling:

Evidence of the failure to love is everywhere around us. To contemplate what it is to love today brings us up against reefs of darkness and walls of despair. If we are to manage the havoc – ocean acidification, corporate malfeasance and government corruption, endless war – we have to reimagine what it means to live lives that matter, or we will only continue to push on with the unwarranted hope that things will work out. We need to step into a deeper conversation about enchantment and agape, and to actively explore a greater capacity to love other humans. The old ideas – the crushing immorality of maintaining the nation-state, the life destroying belief that to care for others is to be weak and that to be generous is foolish – can have no future with us….

Only an ignoramus can imagine now that pollinating insects, migratory birds, and pelagic fish can depart our company and that we will survive because we know how to make tools. Only the misled can insist that heaven awaits the righteous while they watch the fires on Earth consume the only heaven we have ever known….

In this trembling moment, with light armor under several flags rolling across northern Syria, with civilians beaten to death in the streets of Occupied Palestine, with fires roaring across the vineyards of California and forests being felled to ensure more space for development, with student loans from profiteers breaking the backs of the young, and with Niagaras of water falling into the oceans from every sector of Greenland, in this moment, is it still possible to face the gathering darkness and say to the physical Earth, and to all its creatures, including ourselves, fiercely and without embarrassment, I love you, and to embrace fearlessly the burning world?….

Change is coming fast, though, on multiple fronts. Most of us begin the day now uncertain of exactly where we are. Once, we banked on knowing how to respond to all the important questions. Once, we assumed we’d be able to pass on to the next generation the skill of staying poised in worrying times. To survive what’s headed our way – global climate disruption, a new pandemic, additional authoritarian governments – and to endure, we will have to stretch our imaginations. We will need to trust each other, because today, it’s as if every safe place has melted into the sameness of water. We are searching for the boats we forgot to build.

Rest in peace, Barry Lopez.

Why Are Doctors Not Allowed to Practice Everywhere?

For reasons I don’t recall, I subscribe to the JAMA Network, which is a monthly medical journal published by the American Medical Association with a large variety of articles about the biomedical sciences. I’m reasonably sure my interest was driven by the pandemic. In any case, much of the contents are beyond my ability to understand. But every so often, I find something compelling either about some disease or, in the present case, about the manner and method by which medicine is practiced in our peculiar collection of regions we call “states.”

The present issue is how we have collectively prevented doctors from counseling patients across state lines into states where they are not “admitted to practice.”

As a retired lawyer, I certainly understand the reason we limit, with a notable exception, unadmitted lawyers from the practice of law in states in which they have not passed the state bar exam. That reason is that the laws of each state often vary significantly, particularly regarding the details of procedure but also in many substantive areas such as estate law. It would be problematic to permit lawyers with no knowledge of those laws and procedures to regularly give advice to clients in those states.

There is, as stated, a notable exception, which is that out-of-state lawyers may appear in trials and some other court proceedings if they associate with “local counsel,” an attorney who is admitted to practice in that jurisdiction. The “foreign” attorney may do all the work, but “local counsel” must sign off on it as assurance to the court that the foreign attorney is complying with local law and procedure.

Turning then to the issue of “foreign” doctors “practicing medicine” by, in modern times, counseling patients using technologies like Zoom for “televisits,” I have wondered for some time why the states restrict this activity. Laws and procedures differ from state to state, but is the science on which medical practice is based different from state to state? I am not aware that it is.

Yet, as reported in Jama Network, https://tinyurl.com/5dab4tcm, Providing Responsible Health Care for Out-of-State Patients:

while exceptions may have been made here and there during the pandemic, the states have returned to their prior position of barring “foreign” doctors from remotely advising patients:

…physicians have increasingly been told by lawyers and compliance officers that calling patients located in another state is a legal gray area and introduces a risk of sanctions. States have accelerated this concern. The New Jersey Attorney General’s Office recently warned out-of-state physicians that, without a New Jersey medical license, “any practice by way of telemedicine, will constitute the unlicensed practice of your profession, and may subject you to administrative and criminal action” (email communication, March 31, 2023). These restrictions are impeding other communications as well. When Virginia ended its temporary pandemic regulations around physician licensure, Johns Hopkins had to inform more than 1000 patients they were no longer eligible to utilize telehealth appointments with its providers.

Physicians given this advice are understandably frustrated because these restraints disrupt and reduce the quality of the care they provide. This is especially true for specialty physicians who serve a broad geographic area and physicians whose practice is near a state border. For example, many states lack any pediatric subspecialists and the majority of the population must travel more than 100 miles.

Notwithstanding the negative consequences for patients who may have a long-standing successful relationship with a doctor in another state where the patient, for example, once lived, state laws say such relationships must end. The law of Texas is typical:

Any “person who is physically located in another jurisdiction but who, through the use of any medium, including an electronic medium, performs an act that is part of a patient care service initiated in this state…that would affect the diagnosis or treatment of the patient, is considered to be engaged in the practice of medicine.

I didn’t know this, but the JAMA article notes that many telemedicine visits are now accomplished by persistent and/or desperate patients who “sit in cars or coffee shops on smartphones, searching for good WiFi and sharing tips about the best parking lots that are just across the state border.

 These constraints severely inconvenience patients, especially those with serious illness, physical disabilities, or lower income and limited resources; threaten patient privacy; encourage discontinuity of care; and might force private health care conversations to take place in ineffective and public settings.

Have we lost our collective minds?

Not only is this bad for patients, but it places doctors in a precarious legal situation in which the “best” solution for them is simply to “fire the patient.” Every doctor these days carries medical malpractice insurance. Is continuing to advise an out-of-state patient malpractice under those policies? Or is the opposite true, that failing to continue giving needed advice is malpractice? What about the not-unusual situation where the patient cannot reach a local doctor and seeks out his former doctor in the prior state of residence? Should that doctor respond? Not respond? It’s a Hobson’s choice.

The authors of the JAMA article propose several common-sense solutions that, for example, allow for “any follow-up care after a relationship has been appropriately established through in-person or virtual means.” A “bigger” solution would be federal preemption of the field that would override state laws. Examples include expansion of the principles in the Sports Medicine Licensure Clarity Act in which reasonable exceptions for licensure are created to cover clinicians who travel with a sports team to another state and provide care, even if they are not licensed in the state in which the sporting event occurs.

Interestingly, the authors note that:

the delivery of medical care could be defined as being rendered where the physician is located, although that could potentially upend our existing system and impact state licensure authority. Although congressional action would mean the federal government supersedes, or preempts, existing state regulations, the advantage of either federal legislative approach is uniformity and clarity, rather than requiring physicians to navigate through 50 different approaches to the issue.

Indeed, such action would likely face a gauntlet of opposition from local doctors wanting to preserve their “monopoly” on access to local patients, present and future. Therein lies, I believe, the root of this problem. If someone can convince me that medical practice should vary from state to state in the manner of local law, I will confess error. Until then, I will assign “blame” for the present shameful situation on doctor protecting their turf.

If it was medically acceptable to do interstate televisits during the pandemic, then it must be true that there is no medical problem in the post-pandemic period to allow interstate doctor-patient communications as they choose.

This situation cries out for a federal solution. I understand that some states limit medical services such as assistance in death (known as Death with Dignity) which is forbidden in Virginia but allowed in many other states. A federal solution would leave responsibility for knowing such local restrictions to the doctors in question. Beyond that, let them practice their magnificent craft unimpeded by artificial state boundaries and licensure rules designed to protect doctors’ incomes rather than promote the welfare of all patients.