Archive for January, 2008

 

President or Prime Minister of Spain?

Jan 31, 2008 in Element

Wilma J., a former Pennsylvania real estate broker, placed a debit block on her bank account, but only after fraudulent withdrawals of $14,000 through debit card theft. “I didn’t even know about debi Legal Thriller Author Urges Bank Account Protection From Scam Artists with Debit Block

In my Weekly Standard piece on the Madrid bombing verdicts, I referred to the Spanish Prime Minister. A friend quite properly queried me about it, pointing out that in Spain, and in the Spanish newspapers, the head of government is referred to as the President. I, of course, had a moment of fact-checking panic. Especially if you lived in Spain through an election, as I did in 2004. However, it turns out that either term is okay in English. I quote from Wikipedia below, but I had it double checked by a Spanish lawyer at my law school for accuracy.

Also, I should have been clearer that Aznar was not standing for reelection; the new head of his party was; I was trying to save space and ran over that a bit. Finally, editing error on my part - the second bomb attempt on the Seville-Madrid rail line was several ‘days’, not several ‘weeks’, after the March 11 attacks. (My thanks to my editor at La Revista de Libros, for drawing that to my attention. I knew I should have asked him to look at this before it ran!)

From Wikipedia:

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Official title

The Spanish head of government is known, in Spanish, as the Presidente del Gobierno. Literally translated, this title is “President of the Government” or alternatively “Chairman of the Government”, but nevertheless the office-holder is commonly referred to in English as the “prime minister“: the usual term for the head of government in a constitutional monarchy. However the Spanish for ‘prime minister’ is primer ministro; thus, for example, the Prime Minister of the United Kingdom is the Primer Ministro del Reino Unido, not the Presidente del Gobierno.

In Spain the President of the Government is often called simply Presidente, meaning ‘President’. More than once this has caused embarrassing errors among foreign authorities, such as mistaking Spain for a republic. For example Jeb Bush, the Governor of Florida, mistakenly referred to the head of government as the “President of the Spanish Republic” during a visit to Spain in 2003.

The custom to name the head of government as “President” dates back from the reign of Isabella II of Spain, when the Prime Minister was called Presidente del Consejo de Ministros (”President of the Cabinet”). Before 1833 the figure was known as Secretario de Estado (”Secretary of State”), a denomination used today for junior ministers.

Election

The President of the Government is not directly elected by the people but indirectly elected by the legislature. Following legislative elections, which take place every four years, the leader of the majority party, or the leader of the majority coalition, is usually proposed as President of the Government by the King and elected by the Congress of Deputies. The First Vice President of the Government (or First Deputy Prime Minister) is appointed by the King on the proposal of the President. President or Prime Minister of Spain?

Could Mark Helprin be right about a rare alignment of interests among Israel, the Palestinian Authority, the US, and other Arab states? Here in the Claremont Review of Books, Fall 2007. Excerpt:

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The United States has fought the war in Iraq as if history, strategy, maneuver, preparation, foresight, and common sense did not exist. Nonetheless, the impact of the war has been to shatter the politics of the region and create new opportunities, one of which is the potential for a settlement between Israel and the Palestinians. Some quarters of government, burnt by the predictable failure of the current administration to transform the political culture of the Middle East into that of a Vermont town meeting, are pessimistic by analogy. But the analogy is invalid. The conditions are not the same, the task is different, and, unlike the United States, Israel has no timetable for withdrawal from the regionas its enemies well know.

As America blunts its sword in Iraq it has relieved Iran of much anxiety in regard to its own vulnerabilities, set up a predominantly Shiite state in Baghdad, and made the Arab world more receptive to Iranian views. The Shia ascendancy comprises a resurgent though weak Iran, a Shiite Iraqi state in critical condition, a Shiite rump in Lebanon chastened by the war it “won” a year ago (with such a victory, defeat is unnecessary), and the alignment with Iran of Syria and Sunni radicals such as Hamas.

Contrary to the received wisdom, last summer Hezbollah overplayed its hand. Israel emerged shaken but with few casualties and an economy that actually grew during hostilities. The vaunted Hezbollah Katyushas had a 1% kill rate, with not one launched in the year thereafter. Israel showed that upon provocation it could and would destroy anything in its path, thus creating a Lebanese awakening that has split the country and kept Hezbollah fully absorbed. Though Hezbollah is rearming, it remains shy of Israel.

Hamas, too, has overplayed its hand, providing the opening from which a Palestinian-Israeli peace may emerge. For the first time since 1948, a fundamental division among the Palestinians presents conditions in which the less absolutist view may shelter and take hold. Mahmoud Abbas is weak in many ways, but he has decisively isolated the radical tendencies. Hamas loyalists in the West Bank (according to the latest polling, less than 25%) face a different demographic in a different economy that can be richly watered if Israel is wise enough to do so. Surrounded and interpenetrated by the Israeli army and Palestinian Authority forces now strengthened by Israel and the West, Hamas is not what it once was.

In economically besieged Gaza, Hamas is corralled by Israel, Egypt, and the sea, its apparent strength exaggerated by the fact that Abbas did not choose to fight on this battlefield but rather to profit by its loss, much as did King Hussein in regard to the West Bank. The starving and oppressed Palestinians who watch Hamas fire rockets the chief effect of which is to summon Israeli tanks, may soon see a prosperous West Bank at the brink of statehood and at peace with its neighbors and the world. The quarantine of Gaza will cast a bright light upon the normalization of the West Bank. And although Hamas portrays Abbas as a collaborator, it is they who may be held to account for keeping more than a million of their own people hostage to a gratuitous preference for struggle over success.
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The sudden and intense commonality of interest between the Palestinian Authority and Israel is the equivalent of the Israeli-Egyptian “anvil” of 1977. But unlike 1977, the Arabs, in the second circle, have largely reversed position. Fearful of Iran, they are rushing to bend the rejectionists against the anvil. They have so much to contend with at home and in the east that they cannot afford an active front in their midst, and are therefore forming ranks against Iran, Hezbollah, and Hamas.

We are at the potential beginnings of a rare alignment of Israel and the Palestinian Authority, the leading Arab nations, and the major powers. Though it is true that one of Russia’s chief interests is to keep the Middle East roiled so as to preserve the high oil prices that are now Russia’s life blood, when the region moved from Soviet to Western arms Moscow was relegated to the periphery. Though Europe is militarily paralyzed it wields great economic incentives, and though the United States has not done very well of late, its powers remain preeminent and its will constructive.

The principals, the important Arab states, and the international community are arrayed against a radical terrorist front that, unlike in Iraq, is geographically fractured, relatively contained, terribly poor, and very much outnumbered. Anything for the worse can happen in the Arab-Israeli conflict and usually does, but now the chief pillars of rejectionist policy lie flat, and the spectrum of positions is such that each constructively engaged party can accommodate the others.

In the heat of a failing war, historical processes have unfrozen. If the principals pursue a strategy of limited aims, concentrating on bilateral agreements rather than a single work of fallible grandeur, they may accomplish something on the scale of Sadat’s extraordinary dmarche of 30 years ago. The odds are perhaps the best they have been since then, and responsible governments should recognize them as the spur for appropriate action and risk. An alignment of interests in the Middle East?

Thanks to Andrew Sullivan for praise for Mormons, Muslims, and Multiculturalism

Jan 30, 2008 in Element

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While catching up on my RSS feeds this evening a ran across a couple of interesting posts showing Health 2.0 in action.

The first takes you on a tour through the eyes of a new diabetic from Richard MacManus at Read/WriteWeb.

The second, I would suggest you bring at least fifty bucks, from Page Thompson over at change:healthcare takes a look into the dark and humorous world of the costs for strep tests.

The third example comes from Dr. Parkinson’s new (old) approach to providing care through technology and house calls. A while ago he mentioned in a post (Food Photography) his approach to helping a patient with weight and obesity problems. This recent Chicago Tribune article again mentions his simple but effective approach to monitoring his patients food intake using Flickr. In the Q/A Dr. Parkinson explains his approach:

Q. How do you treat obesity?
A. I use the Internet as much as possible. I use Web sites like sparkpeople.com or weightwatchers.com to help patients understand how much they eat. I encourage them to start a flickr account to post photos of what and how much they eat. I can comment on portion size, fat content, etc. Having a visual record of all of the food you eat is quite powerful. I calculate how many calories they should take in to lose weight by a certain date. I do frequent follow-ups via IM or e-mail to see how they are doing and to let them know that there is one other person in the world who cares and supports them. My role is that of informative coach.

(Note: This approach to fighting and changing his patient’s eating/weight problems reminded me of a modern version of what I saw my dad, a West Virginia country doctor, did on a regular basis when we went out to dinner. We would inevitably run across one or more of his patients and their families. His patients (especially those who I suspect he had advised they needed to lose weight and exercise more) would sheepishly look at their plates piled high and offer excuses of why they were eating so much or didn’t have more greens and vegetables on their plate. I’ve got to believe this daily monitoring by the physician will help to change the patient’s approach to eating — the patient become accountable every day.)

As Health 2.0 matures we are seeing health consumers and those involved in the process (and business) of changing health care through technology and social health networking giving us concrete example of what might be possible. This wasn’t around a year ago when I started down the path of trying to understand, grasp and apply health 2.0 thinking to the industry. Examples like these are moving us from concept to reality.

The Health 2.0 Spring Fling follow up conference set for March 3-4, 2008 in San Diego should bring us more concrete examples of how real people are using Health 2.0 technologies to drive change. Matthew Holt summarizes the approach to the conference as follows:

In the annual Health 2.0 event last September we heard from leading edge companies. The Spring Fling will be smaller and more intimate, and it will be themed around the experience of actual users. It will also explore a specific topic in more depth. This Spring, we will focus on consumers & providers connecting using Health2.0 tools and technologies.

Here is just a peek at what you can expect at Health 2.0 Connecting Consumers & Providers

In the months preceding the event, we will send camera crews out to follow real-life patients and providers using Health 2.0 technologies. With input from industrial designers and experts in ethnographic research, we will bring you experiences from the front-line delivered over video at the event.

On stage, interspersed with the videos, well have real patients and physicians discussing their experiences using Health2.0 technologies. Well also be hearing from health care luminaries and technology companies pushing the limits of communities, tools, and search.

While you are at change: healthcare don’t miss Christopher Parks current post adding his own perspective on meeting Bill Frist and follow up on Adam Bosworth’s thoughts on the Aspen Institute health conference. Christopher is at the heart of the change going on and has insight on the practical realities where others may not. The statistics on the costs of health care if we continue the current path are unfathomable. Without real change focused on preventative care, chronic disease management and simple things like getting Americans to eat less (and better) the system will break.

Health 2.0 In Action . . .

Congratulations to Elkins, West Virginia native, Nancy J. Nielsen, M.D., Ph.D., president-elect of the American Medical Association. Dr. Nielsen will only be the second female to hold the position. Another example of a West Virginian making great strides in health care and medicine.

More of the story from today’s Charleston Daily Mail. AMA press release dated June 23, 2006. President-Elect of American Medical Association

I am flattered and delighted that Andrew Sullivan, over at his blog The Daily Dish, (unaccountably) listed my Weekly Standard essay from last week, Mormons, Muslims, and Multiculturalism: The deeply dispririting Romney-Huckabee religion showdown, as his pick for best political essay of 2007.  It might well have been the last political essay of 2007 that Mr. Sullivan happened to read, but far be it from me ever turn down praise like that.   My thanks to Andrew Sullivan; I am honored.  (Let me also thank, once again, my editor at the Weekly Standard, Richard Starr, who both did a superb editing job and also gave me the space to say what I wanted to say.)

(Thanks Scott for pointing me to this.)

Thanks to Andrew Sullivan for praise for Mormons, Muslims, and Multiculturalism

Sundays with Stendhal 9

Jan 25, 2008 in Juvenile

The last week has been tough for all West Virginians with the untimely departure of Rich Rodriguez for what he believes is greener grass in Michigan.

Today I got the email below from my partner and friend, Chris Brumley, loyal Mountaineer Fan and all around good guy.

He is heading up a grassroots effort to allow all Mountaineer Fans to show their support for the players and the program and do something great for kids in the Glendale, Arizona area. UPDATE: Chris has made arrangements with the Boys & Girls Clubs of Metropolitan Phoenix who are planning a field trip to the game. The WVU Athletic Department has agreed to allow a purchase of block seats so the kids can sit together. Also, in the works are gold t-shirts to be donated.

Think back to the first time you got to go to (old or new) Mountaineer Stadium and watch the Mountaineers. Think about giving that experience away to a kid in Arizona. Photo to the right is my son’s first trip to watch the Mountaineers in 2003.

Good luck to the Mountaineer players and remaining coaches (Bill Stewart, who hails from my hometown of New Martinsville has admirably stepped in to lead the Mountaineers).

After reading the message below if you are interested in supporting the effort by buying a ticket please notify me at RCoffield@fsblaw.com or Chris via email at CBrumley@fsblaw.com. Send your check written to: Chris Brumley, 200 Capitol Street, Charleston, WV 25338. Deadline to notify via email is December 27. Chris has arranged with Boys & Girls Club to get an acknowledgment letter and will do a follow up donor letter to each donor to acknowledge their donation for tax purposes.

I will periodically update the number of ticket sponsored here - so check back:
12/21 @ 7:30am: 55
12/21 @ 12 noon: 65
12/22 @ 12 noon: 92

Hello Everyone:

This email is an invitation. It is inspired by a friend of mine, Paul White, who every year at this time takes the opportunity, and dedicates his time, to benefiting others during the holiday season by coordinating a donation effort to the less fortunate. This is also a solicitation and it is not intended to distract from Pauls charitable efforts whatsoever, and if you are not interested please do not rely as I sent this out to most every email address I have!

As I have watched the last week unfold, and our football program and State take a severe hit with the Rich Rod/WVU debacle, I almost forgot about the players and the program that are most affected by all the turmoil. Obviously, these negative events have taken away from the successes of this season, the program, and the enjoyment of a BCS bowl game. With that said, it is not too late. While I doubt anyone is going to travel to the Fiesta Bowl that was not planning to before these events, we can still provide the support that WVU fans have become so renown for, and do something good for the less fortunate.

I am willing to coordinate and propose the following:

1. I propose that everyone that can email me back and pledge to buy One ticket to the bowl game through the university. ( I think they are $135 per tix, feel free to buy more if you like, I will also accept tix donations and match them up, thats $67.50 for the math impaired)

2. I will fund the purchase and collect the $ from each person individually.

3. We will donate the tickets we purchase to boy/girls clubs or other worthy charities in the area so they can attend the game. (I have family there that can identify charities, but anyone that knows of a worthy charitable group please suggest).

4. I will follow up with a letter to each person noting their purchase and subsequent donation to the charity by letter.

This is the best way I can think of to support this team, WVU, and the less fortunate during the Holiday Season, all in one act. So if you choose to, email me back and I will out the coordination into this effort. Please do not reply to this unless you are in since I sent it to most everyone on my email list and my blackberry cannot take the traffic. Also, feel free to fw this to anyone you think may be interested.

Lets Bring on the Mountaineers!

Thanks to my fellow WV bloggers for the linking to the post and spreading the word:

Support The Mountaineers!

I previously posted about the proposed amendments to the Certificate of Need Cardiac Catheterization Standards issued by the West Virginia Health Care Authority for public comment.

Today, Charleston Gazette reporter, Eric Eyre, reports on the current debate over the standards. To learn more you can read the comments submitted regarding the proposed standards. WVHCA: Update on the Proposed Cardiac Catheterization Standards

From On Love, the chapter on love in the United States . Stendhal offers us . Jingle Bells! Who ever would have thought?

In the Winter . American young people of both sexes drive about night and day over the snow in sleighs, gaily travelling distances of fifteen or twenty miles without anyone to chaperone them; and nothing untoward ever occurs.

(In this conjecture about the Americans of roughly 1830, Stendhal, who never actually visited the place but had a great many opinions about it, was, we must observe, quite mistaken. There was, in fact, Much Untowardness.) Sundays with Stendhal 9

If you are in DC on February 1, 2008, and would like to attend what promises to be a very special conference on questions of administrative detention, civilianization of the Guatanamo detention process, and arguments over various proposals to establish a new civilian national security court, you should plan to come to Washington College of Law, American University for the following .  You can register and come free as a general attendee, or you can pay $50 bucks and get CLE credit. 

(I should add that it was really tough figuring out who to ask onto the various panels, and I apologize to anyone who didn’t get invited to join the panels.  An embarrassment of riches, alas.  But please do come anyway - this is not likely to be one of those immense conferences - we are aiming at something smaller for serious professionals in which there is room for discussion apart from the panelists themselves.)

This is a co-production, by the way, of WCL’s Law and Government Program (Dan Marcus and Steve Vladeck and Kenneth Anderson), and the Brookings Institution (Benjamin Wittes).  Ben and Ken are both members of the Hoover Institution Task Force on National Security and Law, but this is a separate event.

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TERRORISTS AND DETAINEES: DO WE NEED A NEW NATIONAL SECURITY COURT?

Sponsored by the American University Washington College of Law

Program on Law and Government and The Brookings Institution

February 1, 2008

10:00 am – 4:00 pm

American University Washington College of Law

4801 Massachusetts Avenue, NW, Room 603, Washington, DC

In the wake of the 9/11 attacks and the capture of hundreds of suspected al Qaeda and Taliban fighters, we have been engaged in a national debate as to the proper standards and procedures for detaining “enemy combatants” and prosecuting them for war crimes. Dissatisfaction with the procedures established at Guantanamo for detention decisions and trials of detainees for war crimes by military commissions, and concerns about the feasibility of conducting major terrorism trials in regular Article III courts, have led to proposals to establish a special National Security Court.  This new court, which would have greater flexibility to conduct non-public proceedings than do the regular federal courts, could make or review status and detention decisions and/or conduct trials of suspected terrorists.  The conference will discuss the pros and cons of establishing such a new federal court, and what jurisdiction should be assigned to such a court.

9:30 am Registration

10:00 am Welcome Remarks by Claudio Grossman, Dean, American University Washington College of Law

10:15 am Panel 1: War or Crime? The Legal Framework for Detaining and Prosecuting Enemy Combatants

Moderator: Professor Kenneth Anderson, American University Washington College of Law

Introduction – “Who are the Guantanamo Detainees?”: Benjamin Wittes, Research Director in Public Law, The Brookings Institution

Panelists:   Honorable Patricia Wald, former Chief Judge, U.S. Court of Appeals for the District of

Columbia Circuit and Former Judge, International Criminal tribunal for the former Yugoslavia; John B.

Bellinger, Legal Adviser to the U.S. Department of State; and Stuart Taylor, Jr., Contributing Editor,

Newsweek, and Senior Writer, National Journal

11:45 am Lunch with keynote speakerHonorable Leonie Brinkema, U.S. District Judge, E.D. Va (Judge in the Moussaoui case): “Reflections on Trying Terrorist Cases”

1:00 pm Panel 2:  A National Security Court for Detention Decisions

Moderator: Professor Daniel Marcus, American University Washington College of Law

Panelists Professor Robert Chesney, Wake Forest Law School; Professor David Cole, Georgetown University Law Center; Elisa Massimino, Director, Washington Office, Human Rights First; and Professor Matthew Waxman, Columbia Law School

2:30 pm Panel 3:  A National Security Court for Terrorist Crimes

Moderator: Professor Stephen Vladeck, American University Washington College of Law

Panelists: James Baker, former Counsel for Intelligence Policy, U.S. Department of Justice; Andrew McCarthy, Director, Center for Law & Counterterrorism; and Andrew Patel, private criminal defense lawyer who has represented a number of terrorist suspects, including Jose Padilla

4:00 pm Adjourn

General Registration – no charge. CLE Accreditation (4.5 credits) will be applied for – CLE Registration - $50

To register, please go to www.wcl.american.edu/secle/cle_form.cfm

For further information, please contact: Office of Special Events & Continuing Legal Education,

American University Washington College of Law
Phone: 202.274.4075; Fax: 202.274.4079; or secle@wcl.american.edu

National Security Court Conference Announcement, 1 February 2008 in DC