Jurist Prudence? Candid Judges Speak Out

Judges typically confine their opinions to their rulings. But 2013 was a year of exceptions. In Nebraska, U.S. District Judge Richard G. Kopf in February launched Hercules and the umpire, a blog that offers a mix of insights on the judicial process, legal news, personal reflections and wisdom. One nugget of advice to young judges: "It's not your job to save the world. Do law, leave justice to Clint Eastwood." In his latest book, "Reflections on Judging," Judge Richard Posner of the Seventh U.S. Circuit Court of Appeals in Chicago pleads "guilty" to upholding a voter-identification law "now widely regarded as a means of voter suppression." The passage, picked up by several media outlets, was widely viewed as a mea culpa—a rare instance of a judge saying he got it wrong. Judges have long been voluble, spirited and even poetic in their rulings. But in the digital age, they also have taken to the media and the Internet to pass judgment on policy and opine on trends. In the process, the outspoken are butting up against the view held by some that sitting judges shouldn't be seen or heard outside of court. And there is the risk that litigants could try to push certain judges off cases because something they said publicly gave a hint of bias. "The advice I was given over and over again was to keep your head down," said Nancy Gertner, a law professor at Harvard University and a former federal district judge in Massachusetts who has...

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Hacking the Affordable Care Act

Workers' Compensation is really "married" to the Affordable Care Act (AFA). As that law is modified so will workers' compensation medical delivery. Today's post was shared by The Health Care Blog and comes from thehealthcareblog.com

By ROGER COLLIER It may say something about expectations for the Affordable Care Act that the simplistic “just repeal Obamacare” cries of Congressional Republicans are starting to be supplemented by proposals for its replacement. The most detailed so far is from the conservative American Enterprise Institute, which has published an unexpectedly non-doctrinaire study authored by Harvard professor Michael Chernew and seven other respected academics. It’s far from perfect, but it’s worth reading. Structural details of the AEI proposal, modestly titled “Best of Both Worlds,” aren’t always clear (page 1 lists four “principles,” page 5 lists five “priorities”, and page 16 lists three “major planks”), but it does attempt a bipartisan approach, combining ideas from left and right. Some of these ideas have been contained in other proposals, such as those of Wyden and Bennett and Fuchs and Emanuel (which may damn the AEI proposal in right-wing eyes), and most recently in a THCB piece by Martin Gaynor. They include the elimination of the employer coverage tax preference, the provision of “premium support” subsidies for most individuals, and the establishment of a national insurance exchange. Together, they are designed to encourage individual choice and responsibility and to maximize competition between insurers, while removing some of the inequities of the present system (and of the ACA). The AEI...

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NIOSH Research on Work Schedules and Work-related Sleep Loss

Today's post was shared by Safe Healthy Workers and comes from blogs.cdc.gov

Yesterday, in honor of National Sleep Awareness Week, we blogged about sleep and work and the risks to workers, employers, and the public when workers’ hours and shifts do not allow for adequate sleep.   This blog provides a brief overview of some of the work that NIOSH intramural scientists are carrying out to better understand these risks and ways to prevent them. Nurses/Reproduction Issues/Shift Work NIOSH studies are examining shift work and physical demands with respect to adverse pregnancy outcome among nurses, specifically the association between work schedule and risk of spontaneous abortion, preterm birth, and menstrual function.  This research was the first to look at shift work and pregnancy in U. S. nurses.  NIOSH researchers are collaborating with the Harvard Nurses’ Health Study, which is the largest, ongoing prospective study of nurses. Results have shown that an increased risk of several reproductive outcomes, including spontaneous abortion, early preterm birth, and menstrual cycle irregularities, are related to shift work, particularly working the night shift. In addition, results show independent effects on reproductive outcomes from long working hours.  The study hopes to establish a cohort of over 100,000 female nurses of...

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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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