Law And More

Legal Marijuana & Life Insurance (whether you can get it and at what rate)

"Though it’s increasingly legal, marijuana can still raise red flags for life insurance companies. While some insurers don’t mind covering you if you use pot, others will charge you higher rates or deny your application outright." - Eric Goldschein, MarketWatch (originally in NerdWallet), January 25, 2021.

Currently, the medical use of marijuana is legal in 36 states and for recreational purposes in 15, as well as Washington D.C. About 22.2 million indicate they use it monthly.

But legalization and the mainstreaming of the substance can be almost irrelevant right now with how the insurance industry assesses its risk factors. If you already have a life insurance policy and use marijuana, you are already locked in. This doesn't have to concern you. At least not at the present time. 

If you are applying for life insurance, then you will likely have to research how different insurance companies view that and what are their fees. This has become an additional factor they evaluate when making the decision to provide life insurance and at what price. The major others include health, occupation and hobbies. Sometimes a medical exam is required. During it, there could be a blood test which can pick up the presence of marijuana.

Some companies are not open to insuring anyone who uses marijuana, either for medical and/or recreational reasons, no matter how infrequently.

Others focus on why and how often. If the reason is medical, of course, they want to know more than that. The frequency of use is a core issue. If you are a daily user you probably will be rejected. Many companies classify usage as analogous to tobacco - that is, a negative for health. Because the substance has been illegal for so long there is not yet a lot of research on its impacts on human health. 

MarketWatch provides the example of a 30-year-old man in excellent health applying for a $500,000 30-year term life insurance policy. If he never uses marijuana, the monthly rate is $30. If he does six times a week, the rate shoots up to $166.

In some circles there may be a kind of euphoria about legalization. However, the insurance industry, as do many other constituencies, still associates stigma to use. On a career path, it could throw shade on a professional brand. 

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21st Century Barbarians at the Gate

Axios has an "Off the Rails" section.

In it, two hours ago, it posted a segment about conspiracy theorists and the Trump Administration. The title is "Barbarians at the Oval." Here you can read it.

In the 20th century, many of us classified as "Barbarians at the Gate" the corporate cost-efficiency experts who eliminated our jobs in middle management. In our 40s (which is "old" in America) we became the generation of Accidental Entrepreneurs. Staples created a lucrative new category by serving our small-business office needs. 

Post-Trump, the next kind of barbarians could be the overloads of technology who make the human being irrelevant. Already, there is the potential to reproduce human consciousness. Mankind's "inner life," which had been explored by artists since the beginning of civilization, will be the subject of Artificial Intelligence. No one will care what went through the mind of Homer on his epic journey. 

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Suicide Is Contagious - Hudson Yards Vessel as Youth Magnet

This morning the third suicide by a young person occurred at New York City's Hudson Yards Vessel. The man was 21-years-old.

Last December a 24-year-old woman also committed suicide there.

And back in February of 2020 a 19-year-old male, a former rugby player, also took his own life in that way. The New York Post provides more details.

It sure seems that the Hudson Yards Vessel has become a magnet for suicides by young people. In her landmark book on suicide "Night Falls Fast," Johns Hopkins professor Kay Jamison discusses that aspect of suicide. - That is, that the concept is contagious. Like moods, others can "catch" it. Often that's called the "cluster phenomenon." Of course, the powers that be associated with the Hudson Yards vessel should look into this.

Some in the legal sector may recall that cluster play-out in Kentucky among trial lawyers. Between 2010 and 2013, about a dozen of them had taken their own lives. To this day, the epidemic of suicides has not been explained. 

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WFH - COVID-19 Vaccines Bring Hope to BigLaw about Reduction of Remote

"Recent good news on the progress of COVID-19 vaccines has Big Law leaders feeling optimistic—but still in no rush to adopt new mandates or revise remote work policies that have defined the pandemic, Andrew Maloney reports." 

That's from Zach Neddles at Law.com, today. 

Ambitious professionals such as those who are employed by BigLaw likely are eager to loop out of WFH. Things happen through people and it's easier to do that in-person.

Also, new associates need the one-on-one informal access to seasoned lawyers in the firms to begin to practice law. Being in the office makes it possible for the Class of 202o to simply pop their heads in and ask a question.

In addition, there is the old get-ahead strategy of putting in that massive amount of face time. 

But, BigLaw is on the money in being cautious about a return to brick and mortar. The two negative responses to the vaccine have reinforced the overall anxiety about vaccines in general and more specifically those developed for COVID-19.

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Tony Hsieh - Surprised? Then You Haven't Bumped into the Research on Creativity

The world is saddened by the death of Zappos' founder Tony Hsieh. 

Surprisingly, as indicated by postings on networks such as LinkedIn, some are shocked by his spiral into extreme behavior. The Wall Street Journal supplies the details.

However, those familiar with the research on the correlation between creativity and mental-health challenges know this: The "unquiet" mind is often the price that is paid for that innovative bent.

This has been documented by experts in psychology, ranging from Kay Jamison to Hans Eyseck.

In her book "Touched with Fire, " Jamison highlights how "madness" characterized the lives of famous artists. One of the most breakthrough commentators on that link, Jamison herself is bipolar. 

Eyseck even asserted that the link could generate psychotic behavior. Yes, the kind of turmoil in the mind can be severe. 

In short, the universe gives the gift of imagination with one hand and then tampers with the internal wiring with the other. 

Steve Jobs was certainly the poster boy for oddness. Some critics label him as a "bad man." But the reality is that he was just wired to be difficult to deal with. That could be experienced by others as anything from bullying to downright cruelty. 

This issue is important to the legal community. Novel legal theory and practice come from the most creative in the profession. That might figure into the higher than average incidents of mental illness in the legal sector. Unfortunately, some of that has resulted in self-destructive behavior such as embezzling or sexual misconduct.

Takeaway: Society might have to be unofficial gentle care-takers of its most creative. 

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Stranded at the Border, Again Less to Do Within Borders, Anticipating Vaccination Push-Back

First, Pennsylvania announced its version of a travel ban. Those in cars entering from other states would be subject to a COVID-19 test within 72 hours and/or a 14-day quarantine. 

Now, it's happening at the borders of the Big Apple. Bloomberg reports:

"New York City will have vehicle checkpoints at key bridges and crossings, and will strictly enforce the travel quarantine ..."

Abruptly, similar travel bans could be declared at the borders of myriad other states. 

Those were the dots I had to connect about my carefully made plan to relocate from the midwest to Arizona. Yes, I had given the Ohio landlord the required 60-day notice. Yes, I had begun the good-byes with acquaintances. Yes, I had bought a car which could hold up for the 2,000 mile trip.

Then, I envisioned myself, quite realistically, trapped in a motel for 14 days somewhere just within the border of St. Louis, Missouri or Dallas, Texas. Then, it was not unthinkable the whole thing could play out again and again at just inside other state borders.

You bet, I have had to scramble.

Here in OH I went in search for another apartment to rent. Not easy in this era of Landlord Nation. Property managers have the upper hand with demand so high. Few can afford to purchase a house. An Ok, Boomer I had sold the family home years ago. Echoing the Christmas Story, at so many apartment complexes I contacted there was no room at the inn. Or the rent seemed way too high. 

Yesterday, I landed a one-bedroom costing more than what I had been paying or what I would have been paying in AZ. 

Meanwhile, I feel foolish. And probably look foolish. Those who no longer follow COVID news are unaware of the travel bans. They size up my backing out of relocation as being stuck. Yeahyeahyeah, she's just another one of those who talk up the dream and don't follow it.

Within borders there has also been the return of constraints on socializing. There is lots less to do this holiday season. The Lucas County Public Library, which functions as a Third Place, has been shuttered again. Will the iconic Toledo Museum of Art close? Those in my fav support group fear we will soon be forbidden to meet up in-person.

Floating around is the horror scenario: The majority will refuse to take the COVID vaccine.

A recent University of Michigan survey found that two-thirds of those in Detroit are unlikely to line up for the COVID-19 vaccine. That mirrors public opinion in other locations throughout the U.S.

Of course, there is plenty of legal analysis in the media if vaccination can be made mandatory. 

On the federal level, that's unlikely. On the state level, there is the authority to do that and it has been done in the past. 

A more likely play-out is to make a long list of whatevers contingent on proof of vaccinations. Those could range from receiving a passport to attending a concert. Recall that in order for us Ok, Boomers to be admitted to those overcrowded classrooms our parents had to pony up the vaccination data.

The biggest issue for most is this: Does their employer have the right to mandate vaccinations? After all, having to go to work essentially is the one ought imposed on most adults, even in a democracy.

Here's the data on this NPR provides:

"The U.S. Occupational Safety and Health Administration has stated that employers can legally impose a flu vaccine requirement on their workforce, but employees have the right to request medical or religious exemptions under federal anti-discrimination laws. Each claim must be evaluated on its own merits, a time-consuming process for employers."

There may be COVID fatigue but how it impinges on our lives is a brutal backdrop.

The legal questions generated, especially related to the workplace, are already unfolding. They can shape myriad policies about the Future of Work.

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Dementia and Euthanasia - Extreme Progress in Netherlands

"Dutch medics have been permitted to sedate dementia patients with sleeping pills ahead of their euthanasia to prevent them from objecting to the injection. The sedatives will be used in cases where a patient can no longer consent to treatment having previously sought euthanasia when their condition deteriorates." Darren Boyle, Daily Mail, November 21, 2021.

This permission came as a result of a Dutch Supreme Court decision. Dr. Mariou Arends had been convicted of murder. The case involved a patient with dementia who had earlier given consent for euthanasia. However, when the time came, there was resistance. The patient's cognitive condition had declined, though, beyond the capability to give consent for a sedative to be administered before the euthanasia process.

The Dutch Supreme Court overturned the murder conviction.

That legal ruling in the Netherlands should provide plenty for all in the loop of medicine, ranging from medical doctors to government policy makers to judges, to analyze. Currently, those bearing witness to the family and community suffering as a result of dementia would likely opt for not only euthanasia but structuring it the Dutch way.

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Amazon Launches Platform for Online Sales of Prescribed Medications - Law Firms Also Need New Kinds of Profit Centers

"Amazon.com Inc. AMZN 0.07% said Tuesday customers can buy prescription medications through a new store on its platform, a move that comes as more people grow increasingly accustomed to shopping online." - Allison Prang, The Wall Street Journal, November 17, 2020.

Of course, Amazon is no slouch in spotting and pouncing on revenue opportunities. Although some of the Pharma sector has been taking it on the chin in the courts of law and public opinion, many medications truly work miracles. After struggling with major clinical depression since age 11, I finally am taking medications which allow me to operate about 85% free of a mood disorder. 

Given the volatility in demand, law firms should be proactive about establishing other kinds of profit centers. The practice of law also is receiving growing competition from non-law firms. At the top of the list is BigAccounting. 

One promising niche is public affairs. Based on how law firms have assisted clients with positioning and packaging themselves and their issues, setting up a reputation restoration unit could be a good fit. Business could be brisk and it could be uncoupled from the practice of law per se. Yes, go to Law Firm X for a comeback, even if it wasn't your defense lawyer. Sanford Heisler already has demonstrated expertise in crisis management.

An innovative executive search firm could hunt for the talent to create those internal startups  for law firms.

Because of my two puzzling encounters with Heidrick & Struggles, no, I wouldn't recommend it as the choice to recruit the entrepreneurial manpower the AmLaw 100 needs.

Incidentally, of course, anyone who even follows "Court TV" knows it's almost impossible to prove a cause-effect relationship. But, hell, I can sure wonder if those two encounters were what had triggered my most recent depressive incident. It was its severity which opened me to experiment with what Pharma had given to us with mood disorders. 

The medications, however, haven't blocked the flashbacks of that most awful day I interacted with a Heidrick & Struggles partner dealing in coaching and a lawyer from its in-house legal department. Will I ever shake that off? Pharma doesn't necessarily heal life. 

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Healthcare Delivery Model Pivots to Ethos of Caring Depicted by Norman Rockwell

At Family Practice Durrani, Toledo, Ohio, the caring is palpable.

For those of us into Americana pop culture, it could be best described as out of the ethos of a Norman Rockwell painting. Rockwell captured institutions, including medicine, that focused more on their mission than on maximizing profits.

At the Family Practice Durrani, the continuum of caring extends from the intake staff who get you situated to the nurse practitioner Dayana Wiggins. 

Once in the examining room with Wiggins, there's a holistic attention to you. 

It was Wiggins who picked up on my emerging clinical depression. First she persuaded me to try out a certain antidepressant. She explained in detail that, if this were to work, it would be according to such and such a timetable. Meanwhile, I was to return in a few weeks.

When I circled back it was Wiggins' gentle probing which shook loose from me that, no, I was not okay. She added another family of antidepressant.

Simultaneously in that visit Wiggins addressed the "bad numbers" in my lab test. 

No, this wasn't the traditional fast in-and-out with the medical doctor. The disruption in the delivery of healthcare has replaced on the front lines the medical doctor. In its place is the nurse practitioner like Wiggins who can "afford" in the revenue model to devote quality time to the patient. 

In addition, in my decades of experience with members of the medical community, I have experienced this: Nurses are totally "there." They listen. They have empathy. And, they trust the patient's perception of what's wrong as well as what's right.

Incidentally, the antidepressant booster Wiggins prescribed did the trick. I am almost 90% back to my former problem-solving self. 

Along those lines, I've managed to argue my way out of my apartment lease, w/o penalty. At the end of December 2020, I will be relocating to what to me is Paradise. That is, Tucson, Arizona. No more Midwest winter. The door also opens to the lucrative kinds of business opportunities in the west.

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Al Roker - He Reassured Us We Could Weather Anything (now let's reassure him with our prayers)

For decades, on "Today" weatherman Al Roker not only tipped us off about whether we needed an umbrella.

His warm and upbeat presence somehow always reassured us we could get through another day. Yeah, like Mary Richards throwing up her hat on "The Mary Tyler Moore Show."

More recently, Roker shared with viewers the "talk" he, as do most Black parents, had to have with his son. It was about the safe way for his son to conduct himself if stopped by the police.

This week he shared something else. That's his own run-in with some nasty weather. He has an aggressive form of prostate cancer. That will require surgery.

So many of us are lifting our hearts in prayer that Roker will be back on 'Today." 

America needs Roker in the A.M. 

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