Law And More

Era of Reimagining Capitalism - Hillary Who?

A sign that a prominent liberal has become irrelevant is this: The conservative digital native Drudge Report stops pouncing on her or him.

This time it's a her - Hillary Clinton.

At one time the Drudge Report's signature had been headlining with alleged doctored photos of Hillary. Those ranged from Rage-filled Hillary to Sick Hillary. 

That was then.

Currently Matt Drudge is finding negative articles and photos to curate about AOC, Bernie, Elizabeth, Cory, and, of course, Nancy. Regarding the latter, a fav is Nancy caught in various forms of brainfreeze.

The meme attacked is reimagining capitalism. Conservatives want none of that. They see the status quo as the best of all systems.

However, Harvard Business School had established an elective on that issue. And the World Economic Forum has weighed in about adjusting the dynamics of Adam Smith's Invisible Hand. Stanford Graduate School professor Jeffery Pfeffer has published the grim chronicle of working today - "Dying for a Paycheck."

Liberals from yesterday do reappear on the radar. Recently The Hill gave some attention to Hillary. The occasion was what she pontificated about the U.S. president Donald Trump's gala 4th of July military affair. 

If Hillary wants to reclaim space as we move into the third decade of the 21st century, she could put together a documentary on becoming irrelevant and strategies to create new platforms for influence.

There's a massive audience for that. Those include Baby Boomers and oldest of Gen X who have retired. The moment their title is gone, they become invisible. In addition, young people duck them. The fear is that the ghosts from another time will pile on the advice.

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Biking Culture - Greensfelder CEO Timothy Thornton Dies in Fatal Accident

The legal community mourns the death of Timothy Thornton.

During a 35-year career at Greensfelder, Hemker, Gale, he became chief executive officer in 2016. Among his signature accomplishments were establishing a Chicago office and implementing diversity initiatives.

While bicycling on Missouri Route 100, he was hit by a pickup truck. He died at the hospital. 

Deaths from bicycle accidents such as Thornton's have been increasing since 2015. That's during a period of time when overall bicycle accidents have been declining. According to the Bike and Walk Alliance, among the 45,000 annual accidents there has been a 12% uptick in fatalities. 

Among the reasons for the increased deaths is the simple fact that there are more bikers on the road. Given the popularity of the biking culture, many of them are new to biking. They don't understand fully the risks involved and how to be proactive in protecting themselves. Simultaneously, drivers haven't made enough progress on the learning curve about how to share the road with those on bicycles. 

May those whose lives Timothy Thornton touched celebrate the experiences they did have with him.

"Climate Emergency" Might Be Replacing #MeToo (hashtag that)

The phrase "climate change" does not communicate the gravity of the current state of environmental peril. At least that's what the members of the Extinction Rebellion hammer.

In a protest today, they insisted the media change the language to "climate emergency." They also demanded more coverage.

That show-down took place on Eighth Avenue in Manhattan near the building of The New York Times. Yes, they pointed a finger at that iconic newspaper. In response, The New York Times indicated that in 2018, it had published 795 articles on the subject. That included investigative reporting. 

The police arrested 70 of the protesters. Just as in the old days of the Counterculture, one person taken in by police claimed pride in that. Here are more details from The Guardian.

Is this development a sign that it will be environmentalism which is the dominant movement? That is, the meme media will cover from every angle?

Interestingly, in a feature in the July 2019 The Atlantic Caitlin Flanagan asserts that #MeToo has peaked. That doesn't mean the problem of sexual harassment in the workplace has been solved. What it does mean is that the media had moved on to focus on the next big story. 

Some contend media, not leaders, not government, not even the private sector, is the most powerful institution on planet earth. If that is true and if it directs its  attention to "climate emergency," then there might be significant reforms undertaken.

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Legal Concept of "Public Nuisance" On Trial in Oklahoma Lawsuit Against Johnson & Johnson for Alleged Opioid Epidemic

Beginning tomorrow, Johnson & Johnson will face off in court with the Oklahoma Attorney General Mike Hunter.

Among what will be on trial is the legal concept of public nuisance as applied to the opioid epidemic.

In other states, where public nuisance has been alleged in the opioid crisis, the lawsuits brought by the AGs were settled. That's exactly what Mike DeWine did in Ohio, then went on to be elected governor.

Those AGs, dating back to Sheldon Whitehouse in the Rhode Island lead paint class action, who configure public nuisance lawsuits essentially have been hailed heroes. Whitehouse is now in the U.S. Senate. His career had already catapulted into the big time by time the RI Supreme Court eventually tossed the case. 

Yes, in terms of public affairs, public nuisance is a strong card to play. Most recently it was used successfully in a bench trial against former lead paint companies such as Sherwin-Williams in Santa Clara, California. Law firm Jones Day represented Sherwin-Williams. The appeals didn't pan out. The U.S. Supreme Court refused to review the conviction. 

In OK, this will be the first time that a public nuisance lawsuit involving opioids has gone to trial. Hunter has precedents on his side in using the concept of public nuisance. 

But Johnson & Johnson, reports Sara Randazzo in The Wall Street Journal, contends that the legal concept of public nuisance is more often used in property disputes. Not products.

However, legal scholars are aware that public nuisance applied to a product had been leveraged way back when in the iconic state AG campaign against BigTobacco. The alleged victims of the public nuisance were children. The result was the Tobacco Master Settlement Agreement of 1998.

Here is my analysis of that and other issues associated with public nuisance.

Currently, public nuisance is being argued in the filing of lawsuits related to lead paint in Pennsylvania. Among the defendants is Sherwin-Williams. Here is the coverage from Forbes.

Obviously, the success of that pattern of litigation in CA is triggering more lawsuits. There's no predicting how many more municipalities in how many more states and how many plaintiff lawyers will also file class action lead paint public nuisance lawsuits. 

So, J&J is, as the cliche goes, barking up the wrong legal tree. 

Specifically, notes Randazzo:

"Oklahoma is set to argue that Johnson & Johnson's alleged deceptive marketing campaign created a 'public nuisance' that will cost the state as much as $17.5 billion to abate ..."

In addition to the pharma industry, other business sectors will be closely following the trial.

Those with a target on their backs for public nuisance range from energy to autos.

Also, lawsuits have been filed against the Roman Catholic Church for allegedly creating a public nuisance through the alleged cover ups of clergy sexual misconduct.

Here is my article published on O'Dwyer PR about public nuisance concerns which public relations firms have to consider if they have clients caught up in this web. 

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Media Turns on AOC, Just Like It Turned on Elizabeth Holmes

The media giveth and the media takeath away.

The shift can be neck-snapping when it comes to females.

After The Wall Street Journal questioned the technology of Theranos, BigBrand media outlets ripped founder Elizabeth Theranos to shreds. 

The same transition from championing AOL as The New Deal to self-absorbed politico has been going down. It started, of course, in conservative news circles. But the backlash has become bipartisan. 

Most recently, the narrative has been positioned and packaged as the outcry by AOL constituents that she is ignoring them. 

When the media does a sustained pile on the message is sent: That target is okay to attack. Not attacking can signal that one isn't paying attention to the news, real and fake.

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Future of Squirrel Hill (Pittsburgh, PA) - In Hands of Policy Planners (retailers should hire lawyers, lobbyists)

The Tree of Life massacre seems so far away.

The Squirrel Hill neighborhood of Pittsburgh, Pennsylvania seems back to normal.

Yesterday when I was driving through, families were leaving Sabbath services at the temples.

Shopping, dining, and people-watching were brisk on the main drag - Forbes. In this era of the crash of brick and mortar retail, Forbes seems just fine.

But, I didn't decide to stop driving. There was no parking, except in pay-for-a-spot multi-level structures and pay-for-a-spot on-the-street. Those spots not tagged for payment frequently were categorized as only-for-an-hour.

So, the merchants on Forbes lost my business. So did the restaurants. 

And, in terms of Pittsburgh per se, those who have left the area are voting with their pocketbooks. Yes, the city is losing the kinds of residents who are unwilling to put up with either a capitalist ploy and/or a green measure to encourage leaving the car at home (Pittsburgh has excellent public transportation).

Regarding green, even lefty town of Cambridge, Massachusetts isn't having the expected success in reducing the number of cars owned and operated by residents. 

Other obstacles to the scaling of retail in the area include:

• High gas prices. When I left Austintown, Ohio, I filled up for $2.42 a gallon (that included 3-cents off for Giant Eagle rewards points.) Throughout the Pittsburgh metro area the price of a gallon ranged from $2.63 to $2.69. 
•  Rigid inspection of autos. A now OH neighbor who fled Pittsburgh complained about the need to replace his whole windshield. He had a nick stopped from spreading with one of those buttons. No go, ruled the inspection station. OH has no inspection.

My day trip to Pittsburgh will likely be my last. The area does not seem to want me. Overall, OH is lots more welcoming to human beings. There is plenty of free parking around cool spots like Lake Erie, including resort town of Geneva on the Lake.

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People Still Love Their Cars, Even in Green Cambridge, MA

Few cities are more environmentally conscious than Cambridge, Massachusetts. 

But, even there, despite the city's strong anti-car stance, cars are winning out. 

For 2020, Cambridge has the goal of reducing the number of cars 15% from the 1990 level.

However, as the Boston Globe reports, the campaign is only half way there. That's despite the transportation reality that Cambridge has 6 subway stations, several bus lines, and a growing number of bus paths.

In addition, given that Cambridge is a university town, residents should have a walking mindset. In most university towns parking is hard to find and expensive.

The bottom line is that people love their cars. The auto provides instant access to heading towards where one is going, privacy, and no middleman as with an Uber. 

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Socialism's Front Lines

Socialism may be gaining traction in the U.S., Britain, and other capitalist nations. Here is the coverage in The Economist.

But, the movement will probably push forward without AOC on the front lines. Her high-profile leadership is over - although she may not know that herself.

The latest development in the rapid implosion of Brand AOC is the negative media attention focused on her assigning a Congressional email address to her boyfriend Riley Roberts. Here is the influential Daily Mail coverage of that controversy.

If AOC were still the politico "it" girl, many would be rushing to her defense. They aren't.

Just before RobertsGate, there had been the stunner of the Amazon pull-out from establishing a second headquarters in New York City. With the headquarters could have come 25,000 jobs and lots of activity for small businesses in the area.

Blame for that has been heaped on that loudest voice in NYC: AOC. Unskilled in combat politics, AOC replied she is proud of that accomplishment.

As some recall, Nancy Pelosi didn't appoint AOC to the House committee on green.

Also, Pelosi, whose power has recently increased, didn't give AOC's Green New Deal much attention.

Meanwhile, Bernie Sanders, who was a socialist before socialism was cool, is sucking attention away from AOC. Unlike her, he has staying power. Likely he won't become the next U.S. president but he will increase his influence. 

As for AOC, from now on it will the night of the long knives. The Drudge Report will have a lot of fun with that. It could even bring back its flashing blue light.

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Law Partners - The American Dream Is Undergoing Major Revision

This time the target is the coast along the southeast. But Florence could also work its way up to the Northeast Corridor. 

Whether it's climate change or not, the reality of an increase in the number and severity of storms is making the dream of living by the water seem, well, dumb. The Category 6 and the Category 7 hurricane is possible. 

That has thrown shade on the symbolism of being coastal as evidence of the good life. Full-time living or a cottage on the Atlantic or by the Pacific had been a marker for having made it.

Also, those planning to retire or semi-retire have to re-think having a more affordable lifestyle and beach living by relocating to, for example, Mobile, Alabama or Pensacola, Florida.

Yes, life as a beach is fading as the American Dream. The shift is to enjoy the ocean as vacation spot, not as a place to declare home.

Of course, the implications for the real estate industry are profound.

Forget building on the coast. Good luck selling existing property there.

Eventually, the insurance industry will find a way to limit its losses in that niche.

Smart disruptors will figure out another mode of living to signal success. It could be on a ranch in a Midwest location which is not vulnerable to severe weather events. 

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Higher Education - Will It Downsize, Like Law? (not anytime soon)

Those "think" publications, ranging from Bloomberg to The Atlantic, are presenting serious discussions of what was once unthinkable: Is college worth the time and money? 

For the time being, the questioning of the value of a college education by brandname experts such as Bryan Caplan likely won't influence the majority of young people and their parents.

The risk to earnings and career mobility is simply too high for most human beings to take. They will play it safe and invest in the college experience. All my colleagues, neighbors, and friends continue to position and package earning the BA or BS a must-do. And that is the end of that story, for now.

Sure, geniuses like Bill Gates, Steve Jobs, and Mark Zuckerberg can follow their passion without a college degree.

But there are also uneducated low-income nobodies whose IQs had been tested as genius level. They simply lack the whatever which spots opportunity and transforms it into amazing success.

That's now. And, for now, those of us whose living depends in-part on the higher-education industry shouldn't fret. I edit scholarly manuscripts for those for whom English is a second language. I also coach students in China and Canada on how to approach their personal essays for admission to academic programs. 

Eventually, though, higher education could follow traditional journalism and the practice of law in downsizing. Already, like journalism and law, it's being retrofitted by technology. Recently, I researched and created the material for online instruction on an environmental subject. It was being distributed as a stand-alone tutorial, not associated with any university. 

Employers could put their heads together with the thinkers such as Caplan in determining what is necessary to know and when in order that human beings can earn a living in X or Y lines of work. The formal academic programs could disappear. Instead there could emerge many education vendors custom-making what is needed and when it is needed. The Harvards and Yales would dispense with the degrees and evolve into research institutions.

To slow down the inevitable, academic institutions could become open to radical change in curriculum, delivery systems, and pricing. That could placate some of the critics of higher education.

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