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2005/3/26 [Academia, Academia/StanfUrd] UID:36891 Activity:high |
3/26 I don't get it. Why didn't the Schindlers get some well respected neurologists to do an exam on her? They already presented two at trial: one of them was a quack, and the judge ignored the other one. If they could have gotten a prominent neurologist to back their claims when her eyes and tongue weren't bleeding, maybe an appeals court would have ordered the tube re-inserted. The William Chesire opinion was based on watching edited video, and he did not bother to do a neurological exam, and he does not explain why. If Michael Schiavo blocked further neurological exams, don't you think this would be the main complaint by the Schindlers? Something like, "He doesn't want neurologists to see her!" The only conclusion to me is that the Schindlers CAN'T get a competent neurologist to back their opinion. The weight of science is with Michael Schiavo. Her condition hasn't changed in 12 years, and there are ~ 4 known cases where those judged to be in a permanent vegetative state have come back -- and that happened 2 years into the PVS at most. \_ most likely, well respected doctors are reluctant to take up this case. If you know your odds at low, why take it up when it can ruin your medical reputation? \_ Why would a Mayo Clinic doctor visit the patient and not conduct a neurological exam? Why didn't he say something like, "Michael Schiavo prevented me from doing the full exam!" or "I didn't have enough time!" or "The courts prevented me!". The guy is biased. How about: "He generally has a reasonably thoughtful, conservative Christian right-to-life perspective," said David Magnus, co-director of the Stanford University Center of Biomedical Ethics. "He definitely is not a neutral party with respect to these culture wars. He has turf to defend." "I think he is clearly biased against declaring her in a persistent vegetative state," said Dr. Gene Sung, director of the neurocritical care section of USC's department of neurology, who read Cheshire's report. "He feels there is something there. That is not a scientific nor medical decision -- it really sounds like it's a personal feeling. It's hard to reconcile that with a medical decision." \_ you can't do nuerological exams if the courts bar you from doing so. Cheshire examined Terri for 45 minutes in person, essentially the same time as the other neurologists who had testified in the earlier trial for the state and for Felos. You have to understand access to Terri is heavily restricted by the court. \_ I'm not sure under FL state law, but at least under the fed rules, you can't have a medical exam conducted till you get to discovery and even then you need a ct order. The case in fed ct is no where close to discovery. BTW, an appellate ct rarely, if ever, asks for new evid to be presented to it. If her parents wanted to present new medical they would have had to make the appropriate motions in trial ct and then if the motions were refused, they would have had to ask the appellate ct to allow the motions b/c the trial ct erred as a matter of law or it abused its discretion. \_ To the two folks above: Even though it's kind of too late, as I already suggested, I believe if Michael Schiavo had allowed it, then a neurologist could have performed a neurological exam on her. If Michael Schiavo was not allowing it, then this is what the Schindlers should have been complaining about. Since they were not complaining about it, I don't think they cared about the objective truths that may have come out from another neurological exam from a competent doctor. By the way, the exam by Chesire was notably NOT a neurological exam, and he hasn't explained why. http://www.mayoclinic.org/news2005-jax/2724.html \_ Certainly if he allows it, an exam can be conducted. However, an exam may be conducted even if he does not agree to it as part of a discovery order from ct b/c her medical condition is at issue. \_ no it can't. The court, ie. the legally blind judge greer, has forbidden any such examination repeatedly. Terri has not had any neurological tests since those cat scans, period. \_ AFAIK, the judge's orders barring tests were in response to motions to compel the tests. If the parents moved for a motion to compel the tests and the husband did not oppose, then the motion would have to be granted. Refusal to grant an unopposed motion can be immediately appealable. |
2005/3/26 [Uncategorized] UID:36892 Activity:high |
3/26 Terri Bleeding From Eyes and Mouth http://www.newsmax.com/archives/ic/2005/3/26/80255.shtml \_ I wonder if all the people who talk about starving to death as peaceful are referring to the elderly who simply stop eating and drinking as they near death? It seems to me the body naturally shutting down is different than yanking a feeding tube. -emarkp \_ All the more reason to allow physician-assisted suicide. \_ Feeding tubes are considered an "extraordinary measure," and are a recent (1970s) innovation. Though different than a respirator, the outcome is essentially the same - the person cannot live without the machine. FWIW, Schiavo will die from dehydration long before she dies of starvation. |
2005/3/26-28 [Academia/Berkeley/CSUA] UID:36893 Activity:low |
3/26 Apologies for annoying wall script, wasn't intentional, must have been an alias gone wrong or something from lack of sleep on long trip. No clue what it was/is. -John \_ eh? What happened? \_ Some kind of 'oops' that spammed wall every time I got mail. No idea. -John \_ You would have been squished in the good 'ol [totalitarian] politburo \_ No, because I would have had physical access to both the CSUA bat and to the good 'ol [totalitarian] politburo. -John |
2005/3/26-28 [Reference/Religion] UID:36894 Activity:low |
3/26 This dilbert comic really reminds me of the motd. If you point out a flaw in someone's reasoning, you're immediately an evil religious right-winger, or a left-wing moonbat, depending. link:csua.org/u/bi3 \_ Rationally considered, I don't think you have a very good argument, you fascist homosexual activist. \_ Bite me, you fanatical uber-religious socialist. \_ Why do you hate America? |
2005/3/26-28 [Academia/Berkeley/CSUA/Motd] UID:36895 Activity:nil |
3/26 The motd has been so censorship-free during spring break. This makes me think the motd censor is a student - but that's not possible! Why would a non alum read the the motd, let alone care about it enough to censor it so often? \_ some alum are still students \_ We are the old, wise curmudgeons who will harass you towards the path of righteousness in the real world (and maybe hire you.) -John |
2005/3/26-28 [Finance/Investment, Finance/Banking] UID:36896 Activity:nil |
3/26 Interesting thoughts on the future direction of interest rates, inflation, the murkiness of macroeconomonic policy, etc. http://www.morganstanley.com/GEFdata/digests/20050325-fri.html#anchor0 \_ Dense reading, difficult to understand for those who didn't major in world economics or business (I'm just a dumb EECS major, I know a lot about circuits but nothing else). Can you PLEASE summarize? \_ Inflation is going up, interest rates are going up. This is happening in Europe too. Japan is still having a deflation problem, but it might start to go away. |
2005/3/26-30 [Computer/SW/Database, Computer/SW/Languages/Java] UID:36897 Activity:nil |
3/26 FBI to scratch their Virtual Case File after squandering millions of dollars. So here is my question. How is it implemented? Is it using Java/J2EE/Sybase or C or something else? http://www.foxnews.com/story/0,2933,151421,00.html \_ They probably followed these guidelines: http://mindprod.com/unmain.html \_ according to infoworld, it was done in java, and is more or less a standard enterprise-ish kind of app. it seems like it's lack of good and stable requirements that killed them. |
2005/3/26-27 [Politics/Domestic/Crime, Politics/Domestic/President/Bush] UID:36898 Activity:insanely high |
3/26 I think it's pretty clear the American public is being intentionally distracted from something right now by all this bullshit. But what is it? \_ Maybe the fact that we haven't got any sort of contingency plan for when oil prodcction can no longer meet the rate of increasing consumption? Just a thought. \_ Yer right. Michael Schiavo made a deal with Dick Cheney to pull out the tube while the VP was busy dealing with some unexpected tapes of Condi-Dubya "69" action. \_ more like DeLay and Frist and all the rest have been watching and waiting for the perfect case with which to bring this issue to the forefront of public discourse. I'm more skeptical about this being some kind of "cover up" ... and rather just a way for Bush Dick et al to throw a bone to the christian nut jobs who he's pissing off by letting them down on the marriage amendment, etc etc. \_ Let's bomb Iran! \_ Massive protests in Taiwan: http://tinyurl.com/6vtmv \_ euthansia and killing mentally handicapped people is not an issue worth your attention, eh? Well, I hope in the future you are put down when you get old or are mentally incapicated, and leave no living will. \_ Go fuck yourself. \_ go euthansize yourself. Here's your logic, someone is a murderer, kills a cop for example like Mumia, give him 30 years to go through the Fed courts and deify him as a victim. A woman is mentally incapicated and her husband remembers she wants to die 7 years later after receiving 1 million in money that is deemed to be spent on recuperation but isn't, starve her to death. I hope you and your children embrace and enjoy the culture of death you are creating. \_ Hi, motherfucker. So I guess you figure that once the constitution and the rule of law have been suspended, everything will be fine as long as your little club happens to be in charge. Fuck you. I hope the next federal abuse of power is you getting executed with no trial...because that's exactly where the present abuses of federal power are heading. \_ the Constitution grants to right to starve the mentaly incapacitated on the sole basis of compromised testimony from someone who may inflicted the injury in the first place?. That was summarized in Federalist 12, right? This was one of most heated points of discussion at the Constitutional Conv., right? Honestly, have you ever even read the Constitution? I suspect you are ignorant of the facts surrounding this case and are projecting your irrational vitrol towards anyone who is not a Communist on this poor women. It's ok to starve a mentally incapacitated woman who has not received due process but god forbid we disturb a few elk on a barren tundra. \_ I am not pp, but your argument re this poor woman's constitutional rights are flawed. There is something more important at stake here than whether this woman lives/dies: Are we a nation of laws or men? \_ Law, but the law is not an end in and of itself. I can't take a side in this gigantic tragic clusterfuck of a personal and legal travesty, as I really don't know what I would do (this sort of reminds me of the "would you use torture even though it violates your laws and principles if innocent life is at stake?") but it's pretty clear to me that, either way, some part of the judicial and democratic processes has failed pretty horribly. -John \_ Laws are instituted among men so that we may order and plan our affairs better. Whether or not you like the result in this case, the laws have served their proper purpose. Simply b/c the result is not palatable to some, is not a reason to throw out the laws and take an opinion poll to decide what should be done. BTW, the only way that you can say the judicial process has failed is if you think that the trial ct judge hugely screwed up in the original \_ As I recall there was some discussion about various expert opinions, some video tape that wasn't used, etc. I don't know the specifics, honestly, but the whole thing just reeks of "fuckup". -John \_ Actually, the stuff that the media is making a big deal about (experts, video, hearsay, &c.) are things that frequently get messed up at trial but are generally not grounds for a new trial. proceedings. This is not likely given that the record has now been reviewed by the FL Appellate Ct, the FL Supreme Ct, a FL Fed Dist Ct, and the 11th Cir Ct of Appeals. I somewhat agree that the democratic process has failed, b/c congress clearly overstepped its bounds. Yes the constitution does not grant the right to starve a mentally incapacitated woman. However, the constitution does limit the power of the fed gov/judiciary (see Art. 3 Sec 2). This is a dispute about whether her husband or her parents have the right to decided when to end her life. The dispute is governed by state law. In creating original jx for a particular fed ct to rehear her claim from scratch congress has extended the power of the fed cts beyond what the constitution allows: the fed cts cannot hear state law claims w/o diversity, which does not exist here. [Yes Art 3 allows congress to enact legislation that delineates the powers of the fed cts, but that power must be w/in the limits set by Sec 2.] WRT 14th amd due process claims, due process means that her rights are adjudicated in ct w/o being subject to material errors. In this case there is no evid that the cts of FL have screwed up and have violated any state or fed statutory or constitutional right this woman has. Thus due process has not been violated. WRT 8th amd cruel and unusual punishment, this is not applicable to her case. Re ANWR, I have no opinion. Drilling may be a good short term soln, but long term soln are needed as well. \_ As long as you and yours are first in line, we will. \_ The "facts" your screed is based on are lies and half truths. You need to educate yourself before spreading this propaganda further. What is your purpose in doing this? \_ As a resident of FL, that poor lady is subject to the laws of FL. Her rights have been properly adjudicated under that law. There is no reason for me or for the feds to get involved in what is essentially a private matter covered under state law. \_ Can they move her to another state or country? Will her rights then change? \_ If she was in a different forum, her rights may be different (state law/constitution can give you all sorts of rights beyond what the fed versions do, same goes for foreign countries). One of the compromises that we make in order to live in a given part of the world is that we are sub to the laws of that part of the world. \_ Could she be moved? Who determines that? \_ Her primary caregiver. \_ Your whole line of argument is based on a bunch of outrighT lies and misinformation. Either you are deliberately misinforming people or you are passing on falsehoods. You need to educate yourself before spreading this propaganda further. \_ Tom DeLay is a disgusting hypocrite. What a surprise: http://csua.org/u/bi5 (LA Times) \_ The cases aren't even remotely similar. If Terri had been on the same equipment as DeLay's father, there wouldn't be an outcry. Terri's "life support" consists of food and water. Can we disconnect your life support too? -emarkp \_ Unlike Terri, I feed myself and drink on my own. \_ So Christopher Reeve should have been put down? How about infants? -emarkp \_ you're very good at coming up with new red herrings. -tom \_ ANWR just got opened up. Bankruptcy bill just got passed, making it safe for CEOs to continue running companies into the ground. |
2005/3/26-27 [Computer/SW/OS/FreeBSD] UID:36899 Activity:low |
3/26 Hello, I have a 220 gig IDE drive in a firewire enclosure, using one giant FAT32 partition. My FreeBSD machine refuses to mount it. What do I do? - danh \_ Does the bridge board in the controller support lba48? \_ USE LINUX! (damn it felt good to say that) |
2005/3/26-28 [Uncategorized] UID:36900 Activity:nil |
3/26 Someone please recommend a good shareware that displays slide shows and gives you decent transitions, etc? And flexibility, like showing certain GIFs in the morning (weather, traffic) and showing family pictures at night? -ok thx \_ xv + cron + imagemagick |
2005/3/26-29 [Academia/Berkeley/CSUA/Motd, Academia/Berkeley/CSUA/Troll] UID:36901 Activity:moderate |
3/26 I want to learn a martial art for health reasons. I took Tai Chi once (a few month's worth) but otherwise have no experience. Keeping fit, ease of learning, and practicality (I'd like to be able to defend myself) are important - in that order. Which discipline should I learn? I am a little Chinese. \_ You might consider looking into Wing Tsun with Simon Mayer, or Ju Jitsu. There are several JJ people here on motd -- perhaps one or more of them can be persuaded to talk about their club. \_ I guess it's a bit impractical for self-defense, but I did kendo for a while, and really enjoyed it. I found the people to be generally pretty enthusiastic and friendly towards newcomers, and the sport to be a good balance between learning self-control and concentration, and screaming and jumping around a lot and beating on people with sticks. Only drawback is the price of the equipment. -John \_ Where are you located right now? Your ethnicity has nothing to do with what you study, btw. There are a lot of arts out there, most of which will offer you what you need. UC Berkeley has a fairly decent martial arts program - Email me offlist if you have any questions regarding my experiences with that program. -chaos \_ I was told I could not study Brazilian or Israeli Martial Arts. -Chinese \_ Unless this is a troll, or they were kidding, that's illegal. \_ Some other idiot added the Chinese part. I don't care enough to remove it. I am in the Los Angeles area now, btw. \_ How could any sodan be so gullilbe as to take that as part of a serious question? If that jerk added "I am a little jew/arab/*" instead, would it at least raise some alarm in your head? \_ You may not know this but a lot of sodans are little Chinese. \_ [stupid] \_ I don't give a fuck. |
2005/3/26-30 [Computer/HW/Display] UID:36902 Activity:nil |
3/26 Is there an easy way to hook up a Cable/Satellite Tivo tuner to a monitor that has VGA and DVI inputs? I just ordered a 20" widescreen display and was wondering if I could use it to watch TV. \_ If it's one of the Dell ones, it should have an s-video input. Otherwise, no, you'll need to find and buy an adapter. \_ It's a Dell, cool. Are there any advantages of the Mac 20" display other than the cool silver look? It's more expensive , has lower contrast, lower brightness, and no S-Video. |
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