keelbird's Profile
Things keelbird is Tracking:
 |
||
| Your OpenCongress profile can track any of the bills, Senators, Representatives, and issue areas on the site. Just click the button under "Track This" at the top of any page and it will be automatically added here to your tracked items. On this page, you have a continually-updating "bird's eye" view of all the activities associated with each tracked item since you last logged-in. Click on any button on this page, for example, "Status Updates", for a drop-down view of the latest five updates and a link to view all. Click on a category name below, such as "Bills", to view more detailed updates for each tracked bill and suggestions on how to find other interesting bills to track throughout the site. | ||
14 Bills
-
S.316 Preserve Access to Affordable Generics Act
No New Comments
-
S.522 Intellectual Property Rights Enforcement Act
- adelie : With the MPAA showing record profits for 2007, I think this is further proof that the government and people have been tricked into associating ~$10,000,000,000 profit with "starving artists". What a committee should really be looking into is the value and impact of work that has been effectively stolen from the public domain, and compare big media's gain to the loss by the American public. The only purpose for such a committee, let alone a not to 'limited period of time' copyright term is to control the ability for people to create and compete for a part of that ten billion dollars. How about a 'Public Domain Enforcement Act' that punishes people for destroying (intentionally or otherwise) works that have ever been of any kind of value, keeping them from ever falling into the public domain. Or further, mandate that copyrighted works be made EASILY available for purposes of fair use and make it a right rather than an 'affirmative defense'. Legislation like that would tell me that the government is looking out for the best interests of artists and people, and not just the guys that can steal more than anyone else such as Warner, Fox, and Disney. -1 More
-
S.623 Access to Life-Saving Medicine Act
No New Comments
-
H.R.1432 Preserve Access to Affordable Generics Act
No New Comments
-
S.1082 Pharmaceutical Market Access and Drug Safety Act of 2007
- Anonymous : With the passing of S 1082, the Food and Drug Company effectively becomes a drug company that is guaranteed $350 million in fees from Big Pharma and none of their research has to be bogged down with any actual science. Think we have health problems now, just wait.
- Anonymous : I fail to see how allowing the sale of baby turtles, shown to cause thousands of cases of salmonellosis a year (Cohen ML, Potter M, Pollard R, Feldman RA: Turtle-associated salmonellosis in the United States: effect of public health action,1970 to 1976. JAMA 1980;243: 1247-79) is a pharmaceutical access issue. Unless you need access to the drugs to cure the disease they will cause. 0 More
-
H.R.1902 Protecting Consumer Access to Generic Drugs Act of 2007
No New Comments
-
H.Res.314 H.Res.314
- adelie : I look forward to hearing what other people have to say about this. It looked like a back door for the **AA into our public school system, but the organization itself looks conservatively informative. Unfortunately I don't see how this wouldn't get twisted into 'We love big media' day. Rep. Robert Wexler [D, FL-19] Appears reasonable, but not seeing what the real impact of this bill would be make me wish to abstain from voting at present. -1 More
-
H.R.1908 Patent Reform Act of 2007
- Sparhawk2k : How is this one different from S.1145? The EFF seems to be in support of that one and they seem to be for individuals and innovation... Though they also have reservations about it and see it more as just a step in the right direction.
- twodox : While this bill does several useful things, and coordinates our patent policy with that of the rest of the world, as required by treaty, it has a major flaw. It skews the patent law in favor of the large corporations, and reduces the likelihood and size of infringement actions. Thus there will be little incentive for a major corporation to pay attention to a patent held by a smaller entity or individual. This will stifle the inventiveness that has made our country great - and has come primarily from individual inventors and small businesses. 0 More
-
S.1145 Patent Reform Act of 2007
- Anonymous : see http://www.piausa.org for an opposing view on patent reform
- Anonymous : I believe the S. 1145 will tilt the patent advantage to large corporations and worse yet, to foreign corporations. The last thing we need in the USA is to further weaken the only thing that historically and somewhat currently sets us apart from the rest of the world, American innovation. The USA economy and industry has been turned into a glorified sports team in the world arena who's fans have nothing to cheer over but laundry - whomever is wearing our flag. America can only compete in the global economy successfully if the playing field is level and it's not. Until it is, I cannot support any further weakening of our domestic interests. 5 More
-
H.R.2033 Design Piracy Prohibition Act
- Anonymous : If you were talking about a zipper, or some other fastener, then yes, Patent law would rule here. But we are talking about a design of fabric with varying shapes and colors, which is art, thusly belonging to copyright protection. Patent and trademark law does not, nor should it work here. This is not a little "Swoosh" sign by NIKE, or a little polo player and horse for Ralph Lauren's Polo label (all of which fall under trademark law), or the aforementioned zipper, button, or lacing system (which would be a patent). Promote this bill. Oppose any other action. Study your intellectual properties before opposing bills.
- adelie : This is also S.1957 Also, to anyone thinking of supporting this bill, please look at and understand trademark law and patent law a bit first, and explain why we need to change the scope of copyright law to specifically address the fashion industry. Patents and trademarks provide enough protection, meanwhile the whole system is enough of a mess that we don't need to start giving out patent and trademark rights through copyright law to specific industries. It would be more appropriate to work on a way to make a simple fast track 3 year patents for the fashion industry that wouldn't require nearly the expense or difficulty of a full 17 year patent. They are changing the wrong law. Make them get it right and oppose this bill. 1 More
- 4 more bills
1 Senators
-
Sen. Leahy
- New Votes (19) Hide New Votes
- News Updates (549) Hide News Updates
- Blog Updates (1656) Hide Blog Updates
- Anonymous : * ARE THEY KINGS OF SLAVES OR THE US CONGRESS ? CRIMES AGAINST HUMANITY IN USA HAVE BEEN DEVIOUSLY & DECEPTIVELY INFLICTED ON POORER AMERICAN’S ! **** A INTERNATIONAL WORLD COURT INVESTIGATION IS NEEDED INTO THESE HUMAN RIGHTS VIOLATIONS ! PRESIDENT OBAMA NEEDS TO TELL THE LEADERS OF THE FREE WORLD DEMOCRATIC US CONGRESS ~ LET MY PEOPLE GO ! WILL THE INTERNATIONAL WORLD COURT AND THE POPE COME TO THE RESCUE OF THESE TENS OF THOUSANDS OF ENSLAVED POORER AMERICAN’S ?? ***The CATHOLIC CHURCH could really help AMERICA right now by arranging a speech from the VATICAN by the POPE concerning THIS modern day ENSLAVEMENT of POORER AMERICAN’S by our complacent IVORY TOWER US CONGRESS who appears to be more interested in financing other US Congressional interests then our UNDERFUNDED AMERICAN JUDICIAL SYSTEM. THE POPE KNOWS THE DIFFERENCE BETWEEN A STATE MURDER OF TROY DAVIS IN GEORGIA, AND A JUDICIAL EXECUTION OF TROY DAVIS IN GEORGIA. MANY INTERNATIONAL CITIZENS HAVE ALREADY STARTED TO BOYCOTT THIS ROGUE STATE OF GEORGIA ! WILL MILLIONS MORE OF CARING AMERICAN’S AND INTERNATIONAL CITIZENS AVOID GIVING THE STATE OF GEORGIA ANY FUTURE BUSINE$$ IF A 3YR. BOYCOTT TAKES PLACE OVER THIS STATE NOT EVEN OFFERING JUSTICE WITH A NEW LEGITIMATE CRIMINAL TRIAL FOR MR.TROY DAVIS? IT’S BEEN SAID BY MANY THAT A THREE YEAR INTERNATIONAL BOYCOTT OF THIS STATE MIGHT VERY WELL COST IT TENS OF MILLION$ WHERE A NEW AND FAIR TRIAL OF TROY DAVIS MIGHT COST THE STATE LESS THAN $100,000. A SPECIAL FEDERAL TASK FORCE MADE UP OF INVESTIGATORS AND LAWYERS DESIGNED TO VERIFY EVERY ASPECT OF THE 3,300 VARIOUS DEATH ROW LEGAL CASES NATIONWIDE,IS OUR COUNTRIES ONLY REAL METHOD TO MAKE SURE WE DO NOT ALLOW STATES LIKE GEORGIA TO CONTINUE ATTEMPTING TO MURDER POSSIBLE INNOCENT POORER AMERICAN’S LIKE MR.TROY DAVIS! FOR THOSE MILLIONS OF AMERICAN’S WHO BELIEVE IN GOD, WE ALL HAVE TO WONDER IN TOTAL AMAZEMENT, HOW OUR AMERICAN RELIGIOUS LEADERS HAVE ALLOWED THIS HORROR TO CONTINUE WRONGFULLY EXECUTING AND INCARCERATING INNOCENT AMERICAN’S ALL ACROSS OUR COUNTRY ??? LAWYERS FOR POOR AMERICANS IS A DEDICATED WWW VOLUNTEERS LOBBY GROUP WHO ARE INTERESTED IN PREVENTING FURTHER CRIMES AGAINST HUMANITY CONTINUING TO BE INFLICTED ON MIDDLE CLASS AND WORKING POOR AMERICANS WHO ARE BEING DENIED PROPER LEGAL REPRESENTATION AND BEING FALSELY IMPRISONED AND EXECUTED ALL ACROSS AMERICA!! lawyersforpooramericans@yahoo.com 424-247-2013) **GIVE THEM LIBERTY OR GIVE THEM LAWYERS ! *********************************************************************************************************************************************************************************************** THE GREAT LIE by Gerry Spence The idea that we should furnish the poor with a public defender has been an effort to save our nation from shame - for sending the poor to prison without adequate representation. But today the nation’s public defender system has become a mockery of justice. To provide an accused with a public defender who has three hundred other cases to defend is simply to laugh in the face of both justice and the accused himself. It takes me months to prepare the average criminal case for trial. The trial itself can take weeks, even months. While O.J. Simpson was being tried in Los Angeles for murder, a case that cost millions to defend and months to conclude, another black man was being tried in the same courthouse for a similar murder. It took only three days for a jury to find him guilty. He had a public defender with scores of other cases to defend. Many prosecutors boast that they have over a 90 percent conviction rate. Little wonder. Under the present public defender system the prosecutors should enjoy one hundred percent convictions, and many in fact approach perfect conviction rates. The public defenders in seven states have finally refused to take on any new cases. It’s about time. If I walked into court to defend my client and had never talked him, never previously opened his file, never discovered the witnesses against him, much less interviewed them, never reviewed the evidence in the hands of the prosecution, never demanded my clients rights to discovery, never read the cases relevant to the case at hand, never prepared the cross examination of the witnesses against my client, never … and on and on, I would be guilty of legal malpractice. Every public defender who purports to represent an accused under circumstances in which he or she has neither the time nor the resources to fully defend the client is guilty of malpractice. These public defenders cannot be saved from malpractice because they are crushed under a ridiculous case load - some with even as many as five hundred cases or more. No one who was accused with such an attorney has received a fair trial and every such accused is entitled to an appeal on that basis alone. The judge must not sentence the accused under these circumstances because the judge would be taking part in a fraud on the system. Yet hundreds of thousands of indigent persons go to prison each year under circumstances no better than those outlined above. When I was coming up as a young prosecutor, the defendants were represented pro bono by the lawyers in the local bar. It was part of the duty of members of the bar to take part in the justice system. Today that idea is unheard of. The practice of law is first and foremost a money-making profession. I see nothing wrong with that notion, but what about giving back? Every trial lawyer should be required to take on a couple of pro bono cases every year. At our office we have a separate pro bono law firm and have for over ten years. It often brings us more satisfaction than our big money wins. The job of a lawyer is to represent the people - the lost, the forgotten, the damned, the hated, the voiceless and the poor. Indeed, God forbid, we may one day become one of those who are entitled to representation but cannot afford it. Every time an accused goes to prison without having received a fair trial we are one step closer to the loss of our own freedoms. Our rights are, in fact, being fought for by public defenders who can never fulfill their duty to their clients because of their pathetic, impossible, caseloads. When they fail, we are in danger. Our system becomes a hypocritical charade. And we prove, once and for all, that the promised justice for all in America is an evil lie that is imposed on the poor. If only those with money can receive justice, then how can we permit our children to recite a horrible falsehood in school when they chant, “with liberty and justice for all.” That can no longer be the truth in America. ************************************************************************************************************************************************************************************************* GERRY SPENCE IS A RENOWNED LAWYER AND PATRIOTIC AMERICAN WHO EVEN AT THE AGE OF 82, CONTINUES TO SHOW A KEEN INTEREST IN WANTING TO BETTER AMERICA FOR THE MASSES OF POORER AMERICANS BEING CAUGHT IN OUR UNDERFUNDED JUDICIAL SYSTEM.LAWYERS FOR POOR AMERICANS THANKS YOU MR.SPENCE FOR TAKING YOUR TIME AND INTEREST IN SPEAKING THE TRUTH ABOUT A JUDICIAL SYSTEM IN NEED OF C*H*A*N*G*E… ** WE CAN ONLY HOPE AND PRAY OTHER AMERICAN LAWYERS AND JUDGES WILL FOLLOW YOUR LEAD SO THE PROPER FINANCING CAN BE ALLOCATED BY OUR IVORY TOWER US CONGRESS ! *** ANYONE INTERESTED CAN GOOGLE OR YAHOO GERRY SPENCE ON THE WWW FOR MANY OTHER ENLIGHTENING HONEST ARTICLES.
- Anonymous : *** THIS IS ONLY THE TIP OF THE ICEBERG OF INJUSTICES BEING INFLICTED ON OUR POORER AMERICAN'S IN A UNDERFUNDED JUDICIAL SYSTEM THAT NEEDS...C*H*A*N*G*E....... **** GOD'S HAND IS INVOLVED IN THIS ONE **** WHEN THIS HORROR IS PROVEN TO BE A TRUE EVENT AFFECTING THE POSSIBLE ENSLAVEMENT OF 2,500 POORER AMERICAN'S, THEN ALL OF AMERICA WILL BE AWARE THAT THIS SAME EXACT TREATMENT OF OUR POORER CITIZENS NEEDS A FORMAL US CONGRESSIONAL AND JUSTICE DEPARTMENT INVESTIGATION NATIONWIDE !!! -------------------------------------------------------------------------- Posted on October 31, 2008 by Gideon --------------------------------------------------------------------------- I’m a little late on writing about this story (via several sources), but it sure is a doozy. You know how it’s common knowlege that most appeals aren’t successful? Well, if you were a pro-se petitioner in Louisiana for the last 13 years, you knew that you wouldn’t win. Why is that? Because the Chief Judge of their Court of Appeals directed his clerk to summarily deny all appeals from pro-se petitioners without circulating the appeal to other judges. The clerk, ridden with guilt, committed suicide earlier this year and left a note confessing everything. This immoral and apparently illegal policy was in place until Jerrold Peterson, the staffer charged with implementing it, blew his brains out in May of last year. Peterson was driven to it in part, his suicide note suggested, by guilt over the nefarious tasks the judges made him perform. In his note Peterson explained how the court gave indigent appellants the bum’s rush. Although every criminal writ application is supposed to be reviewed by three judges, he was deputed to winnow out any that had been filed pro se and arrange for their automatic rejection. Thus were an estimated 2,500 appeals deep-sixed without any judicial consideration whatsoever. Now, facing public embarassment and possible ethical violations, the Louisiana Supreme Court has stepped in and asked…get this…the same appellate court to look at the appeals again. Note that they did not ask the Court to conduct an investigation into this practice, but simply to consider those appeals that were so summarily denied. Because, if we placate the defendants with another cursory look at their appeals, we can sweep the ethical violations under the carpet. At first this whole thing seemed rather odd to me. After all, how is this even possible? Here’s how: Edward Dufresne, Chief Judge of the Fifth Circuit, took charge of pro se appeals in 1994. He then had Peterson prepare rulings denying writs for all of them and signed off “without so much as a glance,” according to the suicide note. “No judge ever saw the writ application before the ruling was prepared by me,” Peterson wrote in a second suicide note to the Judiciary Commission. The rulings also bore the names, though not the signatures, of judges Marion Edwards and Wally Rothschild. Neither Edwards nor Rothschild had any clue as to what was in the applications, or even knew that they had been filed, according to Peterson. So you’ve got one complicit judge and maybe three. But there are 5 more on that court. What of them? Are we to really believe that these 5 (or 7) other judges never once questioned the stark absence of pro-se appeals? Particularly in Louisiana, whose system has the following characteristics: * About 90 percent of criminal defendants in Louisiana are indigent. * Louisiana only provides post-conviction legal aid in death penalty cases. Everyone else must either hire a lawyer, find a lawyer to handle their case pro bono, or handle the appeal themselves. Obviously, most have no choice but to opt for the latter. * One criminal defense lawyer in Louisiana told me that if you’re convicted of murder in Louisiana and you’re innocent, you’re actually better off getting the death penalty. At least then you’ll get a team of lawyers, investigators, and experts to help with your appeal. This from a state whose criminal justice system was already crumbling. It’s hard to believe that people such as Judge Dufresne take an oath to uphold the law and to prove equal protection under it. Disbarment may be enough, but only barely. Justice delayed is no justice at all. --------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------ THE SMOKING GUN LINK TO AMERICA'S JUDICIAL INJUSTICES BEING INFLICTED ON POORER AMERICAN'S ! *********************************************************** http://www.nola.com/timespic/stories/index.ssf?/base/news-0/1223616107256210.xml&coll=1 ************************************************************ lawyersforpooramericans@yahoo.com (424-247-2013) 7 More
1 Representatives
-
Rep. Smith
- New Votes (130) Hide New Votes
- News Updates (129) Hide News Updates
- Blog Updates (363) Hide Blog Updates
- Anonymous : ARE THEY KINGS OF SLAVES OR THE US CONGRESS ? CRIMES AGAINST HUMANITY IN USA HAVE BEEN DEVIOUSLY & DECEPTIVELY INFLICTED ON POORER AMERICAN’S ! **** A INTERNATIONAL WORLD COURT INVESTIGATION IS NEEDED INTO THESE HUMAN RIGHTS VIOLATIONS & CRIMES AGAINST HUMANITY ! PRESIDENT OBAMA NEEDS TO TELL THE LEADERS OF THE FREE WORLD DEMOCRATIC US CONGRESS ~ LET MY PEOPLE GO ! WILL THE INTERNATIONAL WORLD COURT AND THE POPE COME TO THE RESCUE OF THESE TENS OF THOUSANDS OF ENSLAVED POORER AMERICAN’S ?? ***The CATHOLIC CHURCH could really help AMERICA right now by arranging a speech from the VATICAN by the POPE concerning THIS modern day ENSLAVEMENT of POORER AMERICAN’S by our complacent IVORY TOWER US CONGRESS who appears to be more interested in financing other US Congressional interests then our UNDERFUNDED AMERICAN JUDICIAL SYSTEM. THE POPE KNOWS THE DIFFERENCE BETWEEN A STATE MURDER OF TROY DAVIS IN GEORGIA, AND A JUDICIAL EXECUTION OF TROY DAVIS IN GEORGIA. *** MANY INTERNATIONAL CITIZENS HAVE ALREADY STARTED TO BOYCOTT THIS ROGUE STATE OF GEORGIA ! ***WILL MILLIONS MORE OF CARING AMERICAN’S AND INTERNATIONAL CITIZENS AVOID GIVING THE STATE OF GEORGIA ANY FUTURE BUSINE$$ IF A 3YR. BOYCOTT TAKES PLACE OVER THIS STATE NOT EVEN OFFERING JUSTICE WITH A NEW LEGITIMATE CRIMINAL TRIAL FOR MR.TROY DAVIS? IT’S BEEN SAID BY MANY THAT A THREE YEAR INTERNATIONAL BOYCOTT OF THIS STATE MIGHT VERY WELL COST IT TENS OF MILLION$ WHERE A NEW AND FAIR TRIAL OF TROY DAVIS MIGHT COST THE STATE LESS THAN $100,000. **** A SPECIAL FEDERAL TASK FORCE MADE UP OF INVESTIGATORS AND LAWYERS DESIGNED TO VERIFY EVERY ASPECT OF THE 3,300 VARIOUS DEATH ROW LEGAL CASES NATIONWIDE,IS OUR COUNTRIES ONLY REAL METHOD TO MAKE SURE WE DO NOT ALLOW STATES LIKE GEORGIA TO CONTINUE ATTEMPTING TO MURDER POSSIBLE INNOCENT POORER AMERICAN’S LIKE MR.TROY DAVIS! *** FOR THOSE MILLIONS OF AMERICAN’S WHO BELIEVE IN GOD, WE ALL HAVE TO WONDER IN TOTAL AMAZEMENT, HOW OUR AMERICAN RELIGIOUS LEADERS HAVE ALLOWED THIS HORROR TO CONTINUE WRONGFULLY EXECUTING AND INCARCERATING INNOCENT AMERICAN’S ALL ACROSS OUR COUNTRY ??? LAWYERS FOR POOR AMERICANS IS A DEDICATED WWW VOLUNTEERS LOBBY GROUP WHO ARE INTERESTED IN PREVENTING FURTHER CRIMES AGAINST HUMANITY CONTINUING TO BE INFLICTED ON MIDDLE CLASS AND WORKING POOR AMERICANS WHO ARE BEING DENIED PROPER LEGAL REPRESENTATION AND BEING FALSELY IMPRISONED AND EXECUTED ALL ACROSS AMERICA!! lawyersforpooramericans@yahoo.com 424-247-2013) ****************************************************************************************************************************************** THE GREAT LIE by Gerry Spence The idea that we should furnish the poor with a public defender has been an effort to save our nation from shame - for sending the poor to prison without adequate representation. But today the nation’s public defender system has become a mockery of justice. To provide an accused with a public defender who has three hundred other cases to defend is simply to laugh in the face of both justice and the accused himself. It takes me months to prepare the average criminal case for trial. The trial itself can take weeks, even months. While O.J. Simpson was being tried in Los Angeles for murder, a case that cost millions to defend and months to conclude, another black man was being tried in the same courthouse for a similar murder. It took only three days for a jury to find him guilty. He had a public defender with scores of other cases to defend. Many prosecutors boast that they have over a 90 percent conviction rate. Little wonder. Under the present public defender system the prosecutors should enjoy one hundred percent convictions, and many in fact approach perfect conviction rates. The public defenders in seven states have finally refused to take on any new cases. It’s about time. If I walked into court to defend my client and had never talked him, never previously opened his file, never discovered the witnesses against him, much less interviewed them, never reviewed the evidence in the hands of the prosecution, never demanded my clients rights to discovery, never read the cases relevant to the case at hand, never prepared the cross examination of the witnesses against my client, never … and on and on, I would be guilty of legal malpractice. Every public defender who purports to represent an accused under circumstances in which he or she has neither the time nor the resources to fully defend the client is guilty of malpractice. These public defenders cannot be saved from malpractice because they are crushed under a ridiculous case load - some with even as many as five hundred cases or more. No one who was accused with such an attorney has received a fair trial and every such accused is entitled to an appeal on that basis alone. The judge must not sentence the accused under these circumstances because the judge would be taking part in a fraud on the system. Yet hundreds of thousands of indigent persons go to prison each year under circumstances no better than those outlined above. When I was coming up as a young prosecutor, the defendants were represented pro bono by the lawyers in the local bar. It was part of the duty of members of the bar to take part in the justice system. Today that idea is unheard of. The practice of law is first and foremost a money-making profession. I see nothing wrong with that notion, but what about giving back? Every trial lawyer should be required to take on a couple of pro bono cases every year. At our office we have a separate pro bono law firm and have for over ten years. It often brings us more satisfaction than our big money wins. The job of a lawyer is to represent the people - the lost, the forgotten, the damned, the hated, the voiceless and the poor. Indeed, God forbid, we may one day become one of those who are entitled to representation but cannot afford it. Every time an accused goes to prison without having received a fair trial we are one step closer to the loss of our own freedoms. Our rights are, in fact, being fought for by public defenders who can never fulfill their duty to their clients because of their pathetic, impossible, caseloads. When they fail, we are in danger. Our system becomes a hypocritical charade. And we prove, once and for all, that the promised justice for all in America is an evil lie that is imposed on the poor. If only those with money can receive justice, then how can we permit our children to recite a horrible falsehood in school when they chant, “with liberty and justice for all.” That can no longer be the truth in America. ****************************************************************************************************************************************** GERRY SPENCE IS A RENOWNED LAWYER AND PATRIOTIC AMERICAN WHO EVEN AT THE AGE OF 82, CONTINUES TO SHOW A KEEN INTEREST IN WANTING TO BETTER AMERICA FOR THE MASSES OF POORER AMERICANS BEING CAUGHT IN OUR UNDERFUNDED JUDICIAL SYSTEM.LAWYERS FOR POOR AMERICANS THANKS YOU MR.SPENCE FOR TAKING YOUR TIME AND INTEREST IN SPEAKING THE TRUTH ABOUT A JUDICIAL SYSTEM IN NEED OF C*H*A*N*G*E… ** WE CAN ONLY HOPE AND PRAY OTHER AMERICAN LAWYERS AND JUDGES WILL FOLLOW YOUR LEAD SO THE PROPER FINANCING CAN BE ALLOCATED BY OUR IVORY TOWER US CONGRESS ! *** ANYONE INTERESTED CAN GOOGLE OR YAHOO GERRY SPENCE ON THE WWW FOR MANY OTHER ENLIGHTENING HONEST ARTICLES.
- Anonymous : *** THIS IS ONLY THE TIP OF THE ICEBERG OF INJUSTICES BEING INFLICTED ON OUR POORER AMERICAN'S IN A UNDERFUNDED JUDICIAL SYSTEM THAT NEEDS...C*H*A*N*G*E....... **** GOD'S HAND IS INVOLVED IN THIS ONE **** WHEN THIS HORROR IS PROVEN TO BE A TRUE EVENT AFFECTING THE POSSIBLE ENSLAVEMENT OF 2,500 POORER AMERICAN'S, THEN ALL OF AMERICA WILL BE AWARE THAT THIS SAME EXACT TREATMENT OF OUR POORER CITIZENS NEEDS A FORMAL US CONGRESSIONAL AND JUSTICE DEPARTMENT INVESTIGATION NATIONWIDE !!! -------------------------------------------------------------------------- Posted on October 31, 2008 by Gideon --------------------------------------------------------------------------- I’m a little late on writing about this story (via several sources), but it sure is a doozy. You know how it’s common knowlege that most appeals aren’t successful? Well, if you were a pro-se petitioner in Louisiana for the last 13 years, you knew that you wouldn’t win. Why is that? Because the Chief Judge of their Court of Appeals directed his clerk to summarily deny all appeals from pro-se petitioners without circulating the appeal to other judges. The clerk, ridden with guilt, committed suicide earlier this year and left a note confessing everything. This immoral and apparently illegal policy was in place until Jerrold Peterson, the staffer charged with implementing it, blew his brains out in May of last year. Peterson was driven to it in part, his suicide note suggested, by guilt over the nefarious tasks the judges made him perform. In his note Peterson explained how the court gave indigent appellants the bum’s rush. Although every criminal writ application is supposed to be reviewed by three judges, he was deputed to winnow out any that had been filed pro se and arrange for their automatic rejection. Thus were an estimated 2,500 appeals deep-sixed without any judicial consideration whatsoever. Now, facing public embarassment and possible ethical violations, the Louisiana Supreme Court has stepped in and asked…get this…the same appellate court to look at the appeals again. Note that they did not ask the Court to conduct an investigation into this practice, but simply to consider those appeals that were so summarily denied. Because, if we placate the defendants with another cursory look at their appeals, we can sweep the ethical violations under the carpet. At first this whole thing seemed rather odd to me. After all, how is this even possible? Here’s how: Edward Dufresne, Chief Judge of the Fifth Circuit, took charge of pro se appeals in 1994. He then had Peterson prepare rulings denying writs for all of them and signed off “without so much as a glance,” according to the suicide note. “No judge ever saw the writ application before the ruling was prepared by me,” Peterson wrote in a second suicide note to the Judiciary Commission. The rulings also bore the names, though not the signatures, of judges Marion Edwards and Wally Rothschild. Neither Edwards nor Rothschild had any clue as to what was in the applications, or even knew that they had been filed, according to Peterson. So you’ve got one complicit judge and maybe three. But there are 5 more on that court. What of them? Are we to really believe that these 5 (or 7) other judges never once questioned the stark absence of pro-se appeals? Particularly in Louisiana, whose system has the following characteristics: * About 90 percent of criminal defendants in Louisiana are indigent. * Louisiana only provides post-conviction legal aid in death penalty cases. Everyone else must either hire a lawyer, find a lawyer to handle their case pro bono, or handle the appeal themselves. Obviously, most have no choice but to opt for the latter. * One criminal defense lawyer in Louisiana told me that if you’re convicted of murder in Louisiana and you’re innocent, you’re actually better off getting the death penalty. At least then you’ll get a team of lawyers, investigators, and experts to help with your appeal. This from a state whose criminal justice system was already crumbling. It’s hard to believe that people such as Judge Dufresne take an oath to uphold the law and to prove equal protection under it. Disbarment may be enough, but only barely. Justice delayed is no justice at all. --------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------ THE SMOKING GUN LINK TO AMERICA'S JUDICIAL INJUSTICES BEING INFLICTED ON POORER AMERICAN'S ! *********************************************************** http://www.nola.com/timespic/stories/index.ssf?/base/news-0/1223616107256210.xml&coll=1 ************************************************************ lawyersforpooramericans@yahoo.com (424-247-2013) 8 More
0 Committees
6 Issues
-
Copyright
-
No New Comments
-
Intellectual property
-
No New Comments
-
Internet
-
No New Comments
-
Patents
-
No New Comments
-
Patent infringement
-
- viperfred : FAX COVER SHEET Date: October 17, 2008 HHS OIG TO: Operator zz Confidential Material Enclosed FAX Number: 202 619 1381 Subject: Medicare Abuse Trailbalzer and Palmetto From: Fred Kinder 408 home 408 cell 408 office 408 office fax Dear Operator 19, Thank you for taking time to listen to my concerns about Palmetto GBA and Trailblazer. I sincerely appreciate your help in this matter. These new Medicare providers, Trailblazer and Palmetto, have removed a treatment option (SBRT/CyberKnife) for prostate cancer that is one if not the very best and most cost effective. Medicare had covered treatment of prostate cancer by the CyberKnife but effective de. 15, 2008 that treatment option is no longer available in the Palmetto region. In June of 2008 Trailblazer removed SBRT/Cyberknife as a treatment option. The alternate external beam treatment (IMRT) will cost Medicare a %100 more than SBRT/CyberKnife. This will also increase the patients’ side effects, and reduce cure rates. IMRT requires 40 days of treatment the SBRTCyberKnife requires 5 days of treatment. In my opinion this is criminal. Their actions increase the cost to Medicare and lower the quality and may result in death due to failure of cure by IMRT. I have attached my letter to the Whitehouse to fight the decline in medical care while increasing cost. Best Regards, Fred Page 11 (s) If you have any questions please feel free to contact me. October 13, 2008 President George W. Bush The White House 1600 Pennsylvania Avenue NW Washington, DC 20500 Dear Mr. President, I am very concerned about the economic crisis. It seems criminal for a Medicare service provider to eliminate a cancer treatment option that would same the country tens of millions of dollars and benefit cancer patients at the same time. Medicare providers Palmetto in California and Trailblazer (TX, OK, CO and NM) are increasing Medicare cost and providing lower quality medical care. Both have eliminated stereotactic body radiation therapy (SBRT)/CyberKnife coverage for prostate cancer treatment. The previous Medicare providers covered SBRT for prostate cancer. The alternative external beam treatment, IMRI, will double the cost to Medicare and increase the cost for patient’s transportation and lodging (if required) by 800%. Trailblazer stopped paying for prostate cancer treatment with SBRT June 13, 2008. Effective Dec. 15, 2008 Palmetto will stop treatment of prostate cancer and cancer of the pancreas. Patients should be entitled to have a say in selecting the best treatment for their best quality of life and most important their life. This should be a fundamental right. Please consider the actions of these Medicare providers and take corrective action to save millions of dollars and improve medical treatment for cancer patients. In my opinion both of these providers should have their contracts suspended for cause. My e-mail below to Daniel R. Levinson, Inspector General has the details for the specifics in California. Please feel free to have a staff member contact me at any time. Best Regards, Fred Saratoga CA 95070 408 Date: Sun, 12 Oct 2008 20:43:44 -0700 To: HHSTips@oig.hhs.gov From: Fred Kinder <fred@usea.com> Subject: Medicare Abuse by Palmetto Government Benefits Administrators (GBA) /California Cc: Senator Barbara Boxer, Senator Dianne Feinstein, Senator Hillary Rodham Clinton, KPIX Craig Franklin Bcc: Accuray Susan Thompson, Accuracy Catherine_Bonetti, Accuray Debra Mills, Accuray Jim English, Doctor Adler, Doctor Clinton_Medbery, Doctor LaNasa_Peter, Dr. Alan Katz, Dr. D. Fuller, Dr. King Stanford, Dr. Spunberg Office of the Inspector General HHS TIPS Hotline P.O. Box 23489 Washington, DC 20026 Mr. Daniel R. Levinson Dear Mr. Levinson, Inspector General California Medicare provider Palmetto Government Benefits Administrators (GBA) just re-released their policy guide lines for cancer treatment by stereotactic radiosurgery (SRS) and stereotactic body radiation therapy (SBRT) in draft form. Palmetto is removing a cancer treatment by SRS/SBRT/CyberKnife for the Prostate and Pancreas. This will result in higher cost to Medicare, higher cancer failure rates adding to patient suffering and additional treatment (adding cost), higher incidence of side effects reducing the quality of life for patients. This treatment was covered by the previous Medicare administrator. Why would, SRS/SBRT, the best External Beam (EB) radiation treatment for prostate cancer be removed? The new policy now covers an External Beam radiation option (IMRT) that cost a 100% more than SRS/SBRT , has increased side effects and a lower cancer cure rate. Why? Also consider the Palmetto EB option (IMRT) requires 40 days of treatment. The SRS/SBRT by CyberKnife requires 5 days of treatment. The cost of patient travel and inconvenience is 800% higher as the result of the irresponsible actions of Palmetto. Palmetto was provided medical evidence by experts in the field (see attachment) for reconsideration before they re-released their policy changes. Their final comment period runs from Oct 30 thru Dec 15, 2008. The Center for Medicare and Medicaid (CMS) mission statement is as follows: CMS' mission is to ensure health care security for its beneficiaries. A major component in achieving this mission is the successful administration of Original Medicare, or Fee-for-Service (FFS) Medicare. Medicare Contracting Reform (or section 911 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003) is a major component in achieving this mission. Section 911 mandates that the Secretary for Health & Human Services replace the current contracting authority to administer the Medicare Part A and Part B FFS programs, contained under Sections 1816 and 1842 of the Social Security Act, with the new Medicare Administrative Contractor authority. Through the implementation of Medicare Contracting Reform, CMS will establish a premier health plan that allows for comprehensive, quality care and world-class beneficiary and provider service. In summary the Palmetto changes are not in compliance with CMS Medicare Reform. World-class treatment for early state prostate cancer is SRS/SBRT. Their changes will also cost Medicare additional millions of dollars and reduce the patient’s quality of life. Patients should be entitled to have a say in selecting the best treatment for their best quality of life and most important their life. This should be a fundamental right. In my opinion Palmetto is acting as a Doctor (do they have a license to practice medicine?) for Medicare patients. If they are, then their actions are in violation of the Hippocratic Oath. Is Palmetto acting as a Doctor? As a result of my personal fight with Blue Shield of California for prostate cancer treatment by the CyberKnife I have become a prostate cancer advocate for research, education, screening and treatment. The story with Blue Shield can be viewed at the following CBS link http://cbs5.com/investigates/CyberKnife.blue.shield.2.716740.html . FYI, Blue Shield of California added the CyberKnife as a treatment option for prostate cancer July of 2008, Please enforce the CMS policies on Palmetto so they can not remove SRS/SBRT as a cancer treatment option for prostate and pancreas cancer. Contact me if you have any questions. Best Regards, Fred Saratoga, CA 95070 Cell 408 CyberKnife Robotic Radiosurgery as Definitive Treatment for Prostate Cancer: May 15, 2008 Donald B. Fuller, M.D. Iris C. Gibbs, M.D. Radiation Oncologist Radiation Oncologist CyberKnife Centers of San Diego Stanford Cancer Center Radiation Medical Group 875 Blake Wilbur Dr. 2466 First Ave, Stanford, CA 94305-5847 San Diego, CA 92101 Christopher R. King, M.D., Ph.D. Douglas S. Wong, M.D., Ph. D. Radiation Oncologist Radiation Oncologist Stanford Cancer Center California Cancer Center 875 Blake Wilbur Dr. CC-G213 Dept. of Radiation Oncology Stanford, CA 94305-5847 7257 N. Fresno St. Fresno, CA 93720-2950 Greetings: Collectively we represent a group of ABR Board Certified Radiation Oncologists with expertise and extensive experience in 3DCRT, IMRT, IGRT, HDR Brachytherapy, 125I permanent source brachytherapy, 103Pd permanent source brachytherapy and 131Cs permanent source brachytherapy. We have prepared this document in support of CyberKnife robotic radiosurgery as definitive prostate cancer treatment. Although the evidence may be regarded by some as preliminary, it is our opinion that robotic radiosurgery is likely to be at least as safe and effective as any other radiation method in the treatment of this disease. To avoid coverage confusion, it should be regarded as an improvement to an existing modality (radiotherapy) rather than classified as a completely new intervention. Our reasons for recommending robotic radiosurgery include the following: 1. FDA approval a. In 2001, the FDA cleared the CyberKnife device for use throughout the body, wherever therapeutic radiation is indicated. This makes perfect sense, as CyberKnife robotic radiosurgery simply represents a very precise and powerful method of ionizing radiation delivery. The FDA 510(k) clearance was based on use of Varian’s Clinac as the predicate device. 2. Medicare Coverage a. In 2003, CMS recognized stereotactic radiosurgery as inclusive of prostate cancer. To quote the CMS Manual System Department of Health & Human Services (DHHS), Pub. 100-20 One-Time Notification Centers for Medicare & Medicaid Services (CMS), Transmittal 32 Date: DECEMBER 19, 2003, CHANGE REQUEST 3007, I, B, 4. Billing for Stereotactic Radiosurgery: “Stereotactic radiosurgery (SRS) is a form of radiation therapy for treating abnormalities, functional disorders, and tumors of the brain -1 More
-
Food and Drug Administration (FDA)
-
No New Comments
This is your profile's page of Tracked Items. Just click the button under "Track This" at the top of the page for any bill, Senator, Represenative, or issue area, and that item will be added here automatically. You'll have built a one-stop overview of everything you're following in Congress, along with the latest updates for each.
Just getting started? Check out our special page of Hot Bills. It's an easy way to find bills that affect the issues you care about, and then add them to your tracked items.
For your next steps, including ways you can use social networking on OpenCongress and participate in comment boards, visit our how-to guide.
Blogs
