Archive for June 3rd, 2009

Gay marriage in New Hampshire; domestic partnerships in Nevada

Gay marrige arrived in New Hampsire today, making it the sixth state to take this step. The New Hampshire situation has aroused a lot of attention. But what has received far less attention is the passage, by override of the Governor’s veto, of domestic partnerships in Nevada. Nevada is one of those states that passed a constitutional ban on gay marriage. Linda McClainat Balkinization discusses how the Nevada legislature cleverly evaded that constitutional restriction:

With comparatively little notice, on May 30 and 31, Nevada’s legislature overrode Governor Jim Gibbons’s veto of a new Domestic Partnership Act (Senate Bill 283). Several features of this Act warrant comment. First, the legislature passed it mindful of Nevada’s constitutional amendment (approved by voters in 2002) providing: “Only a marriage between a male and a female person shall be recognized and given effect in this state.” Thus, the Act states: “A domestic partnership is not a marriage for the purposes of . . . the Nevada Constitution.” But marriage is the clear reference point for the “social contract” between domestic partners. The Act provides them “the same rights, protections and benefits” and subjects them to “the same responsibilities, obligations and duties” under law as spouses, former spouses, and surviving spouses, with some exceptions (such as employers providing health care to partners). The law of marriage supplies the substance of this new status….

Nevada’s new law is available both to same-sex and opposite-sex couples. By contrast, California’s domestic partnerships law is open only to older opposite sex couples (at risk of losing important retirement or medical benefits if they marry). In this respect, Nevada is like several European countries where registered partnerships are available to opposite sex and same-sex couples….

In sum, the Nevada Domestic Partnership Act illustrates how a state legislature constrained by such a constitutional amendment may find a way to maneuver to create a new legal status to support and recognize intimate relationships other than civil marriage. It changes yet again the landscape in the United States with respect to the recognition and support of intimate relationships.

Progress arrives in different clothes.

June 3rd, 2009

Obama endorses bill to hide war crimes evidence

Glenn Greenwald takes on Obama’s latest outrage against civil liberties, his support for the new Graham-Lieberman secrecy law, designed to hide evidence of US war crimes:

Obama wants Congress to change FOIA by retroactively narrowing its disclosure requirements, prevent a legal ruling by the courts, and vest himself with brand new secrecy powers under the law which, just as a factual matter, not even George Bush sought for himself.

The White House is actively supporting a new bill jointly sponsored by Sens. Lindsey Graham and Joe Lieberman — called The Detainee Photographic Records Protection Act of 2009 — that literally has no purpose other than to allow the government to suppress any “photograph taken between September 11, 2001 and January 22, 2009 relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States.”  As long as the Defense Secretary certifies — with no review possible — that disclosure would “endanger” American citizens or our troops, then the photographs can be suppressed even if FOIA requires disclosure.  The certification lasts 3 years and can be renewed indefinitely.  The Senate passed the bill as an amendment last week.

Just imagine if any other country did this.  Imagine if a foreign government were accused of systematically torturing and otherwise brutally abusing detainees in its custody for years, and there was ample photographic evidence proving the extent and brutality of the abuse.  Further imagine that the country’s judiciary — applying decades-old transparency laws — ruled that the government was legally required to make that evidence public.  But in response, that country’s President demanded that those transparency laws be retroactively changed for no reason other than to explicitly empower him to keep the photographic evidence suppressed, and a compliant Congress then immediately passed a new law empowering the President to suppress that evidence.  What kind of a country passes a law that has no purpose other than to empower its leader to suppress evidence of the torture it inflicted on people? Read the language of the bill; it doesn’t even hide the fact that its only objective is to empower the President to conceal evidence of war crimes.

Greenwald puts this latest ourage in context:

What makes all of this even worse is that it is part of a broader trend whereby the Government simply retroactively changes the law whenever it decides it does not want to abide by it.  For decades, we had laws in place authorizing citizens to sue their telecommunication carriers if the telecoms allowed government spying on their communications in violation of the law, but when it was revealed that the telecoms did exactly this, the Congress simply changed the law retroactively so that it no longer applied.  For decades, we had laws imposing civil and criminal liability on government officials who engaged in or authorized torture, but when it was revealed that our government did that, the Congress just retroactively changed the law to protect the torturers.  And now that courts have ruled that our decades-old transparency law compels disclosure of this torture evidence, the Congress is just going to retroactively change the law — again — this time to empower the President to suppress that evidence anyway.

Other than creating an illusion of transparency and accountability, what’s the point of having laws that purport to restrict what the Government can do if political officials just retroactively waive those laws whenever they want?

We are, apparently, a nation of lawbreakers, not of laws.

June 3rd, 2009

Remembering Koko Taylor

Blues great Koko Taylor died today. Here are a couple of her greats:

Wang Dang Doodle w/ Little Walter

Voodoo Woman:

And here she is with Willie Dixon: Insane Asylum:

June 3rd, 2009

Psychiatry tainted by conflicts of interest

USA Today reports on the extensive conflicts of interest at the heart of modern psychiatry, with the vast majority of those involved in developing the latest diagnostic manual [DSM-V] and treatment guidelines for mental disorders having financial ties to drug companies that stand to profit from the results of the work.

One issue not mentioned in the article is the bias in reported studies in which drug studies paid for by drug companies are significantly more likely to find the drug effective than are independently funded studies. This bias, along with others regarding what topics get studied, introduces tremendous uncertainty as to the true scientific basis of modern psychiatry. We will not be able to trust drug studies until the funding for them is taken over by public sources:

Conflicts of interest bedevil psychiatric drug research

By Marilyn Elias

Does it matter if most of the experts who are creating definitions of mental disorders, and standards for the best way to treat them, receive money from pharmaceutical companies?

That question is hotly debated in scientific journals, but it isn’t just academic. It also cuts to the core of public welfare by making it possible for financial profit to affect decisions about who needs treatment, whether they are prescribed medicine and which ones, says Lisa Cosgrove, a psychologist at the University of Massachusetts-Boston.

Critics such as Cosgrove say there’s a damaging conflict of interest in the financial ties between drug companies and leaders who are revising the “bible” of psychiatric diagnoses, the Diagnostic and Statistical Manual of Mental Disorders (DSM-V), as well as guidelines on the best treatments.

About 160 experts appointed by the American Psychiatric Association are doing the heavy lifting on the updated manual, expected in 2012. They’re tops in their field, and because industry pays for two-thirds of research, many of them consult for drug companies or do corporate-funded studies, says Darrel Regier, research director for the group. “There’s this assumption that a tie with a company is evidence for bias. But these people can be objective,” he says.

This is the first time the psychiatry association has required members of 13 working groups on diagnoses, as well as the leadership task force, to publicly disclose all industry ties.

FIND MORE STORIES IN: Boston | New England | Columbia University

Sixty-eight percent of task-force members report economic ties with drug companies, Cosgrove says. And of those with links, about four out of five don’t just get research funding, they’re on corporate boards, hold stock or collect money as advisers, she says. She and Harvard Medical School psychiatrist Harold Bursztajn have criticized these ties in The New England Journal of Medicine and Psychiatric Times.

Even small changes in the symptoms for diagnosis of a problem can greatly increase prescriptions for drugs, Cosgrove says, so anyone who could benefit from changes has a potential conflict.

More than half of the members on the 13 working groups also have such ties, according to Cosgrove’s analysis. She says no group should have a majority with drug company links.

But Regier argues: “We want the best people. We don’t want quotas or an artificial litmus test.” He says potential conflicts are limited by a rule that panel members can’t receive more than $10,000 from drug companies while at work on the new DSM.

The $10,000 limit “is not a particularly sensible idea,” says Daniel Carlat, a Tufts psychiatrist who publishes an independent monthly, The Carlat Psychiatry Report, on trends in the field. “They’ve had lucrative relationships in the past, and they know they’re going right back to them.”

Carlat says it’s unrealistic to exclude people with industry-research funding, but he favors limits on those who give promotional talks on drugs, “the real hired guns,” and others with a direct financial interest in firms. “Maybe no more than 30%, maybe no more than 50%. These panels shouldn’t be stacked the way they are now,” he says.

Another flash point: clinical guidelines. Cosgrove led a study on 20 authors of treatment standards for major depression, bipolar disorder and schizophrenia: 90% of them had financial ties to firms that make drugs recommended for the disorder.

But the psychiatry group casts a net to hundreds of reviewers for every guideline, says John McIntyre, who chairs the guidelines committee. The depression and bipolar standards are being updated, “and we’ve gotten thousands of comments online,” Regier says. So any bias gets diluted by diverse voices, McIntyre says; plus, the guidelines are based on evidence.

But there’s the rub, critics say, because drug company-funded studies consistently come out with more positive results for their drug than do independent studies.

“In psychiatry, many diseases are treated equally well with medication or therapy,” Carlat says. “But the guidelines tend to be biased toward medication” because it’s costly to make and study drugs.

Much is at stake. Antipsychotics, which had $14.6 billion in sales last year, were the top-selling class of U.S. medicines; antidepressants brought in $9.6 billion, says IMS HEALTH.

The debate over whether economic self-interest may bias the DSM and treatment guidelines leads to a root issue: Drug companies pay for gathering evidence, and there’s no major alternative on the horizon, says Paul Appelbaum, an expert on ethics in psychiatry at Columbia University. He’s concerned about potential conflicts. But other financing suggestions — for example, companies contributing money for studies run independently by the government — have gone nowhere, he says.

“We’re a capitalist society built on competition, and that has led to many successes,” Appelbaum says. “But this conflict-of-interest issue shows the side effects of the system we have.”

June 3rd, 2009


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