Rule system – Jinkun http://jinkun.info/ Fri, 12 Aug 2022 02:16:59 +0000 en-US hourly 1 https://wordpress.org/?v=5.9.3 https://jinkun.info/wp-content/uploads/2021/06/icon-72-150x150.png Rule system – Jinkun http://jinkun.info/ 32 32 Judge to rule by Monday on fate of move to overhaul Portland government https://jinkun.info/judge-to-rule-by-monday-on-fate-of-move-to-overhaul-portland-government/ Fri, 12 Aug 2022 01:36:48 +0000 https://jinkun.info/judge-to-rule-by-monday-on-fate-of-move-to-overhaul-portland-government/ Portland City Hall. Amanda Troxler/OPB Multnomah County Circuit Court Judge Stephen Bushong said he would rule by Monday on the fate of a sweeping November ballot measure aimed at overhauling Portland’s form of government. The judge heard arguments Thursday on the merits of a lawsuit challenging the scope of the proposal. The Portland Business Alliance […]]]>

Portland City Hall.

Amanda Troxler/OPB

Multnomah County Circuit Court Judge Stephen Bushong said he would rule by Monday on the fate of a sweeping November ballot measure aimed at overhauling Portland’s form of government.

The judge heard arguments Thursday on the merits of a lawsuit challenging the scope of the proposal. The Portland Business Alliance sued the city last month, arguing the ballot measure violated the state single subject rule of the constitutionwhich requires polling metrics to focus on one topic.

Attorney Steve Elzinga, who represented the city’s main business chamber, accused the charter commission of pulling together a “hodgepodge of unrelated topics” because members believed it would give the most risked a better chance of passing.

“Commissioners are trying to force voters to support provisions they don’t like in order to get provisions they like, which defeats the very purpose of single subject protection,” Elzinga explained. .

The measure, as currently drafted, would rewrite Portland’s oft-criticized government structure. The council would grow from five members to a dozen. Members of the reorganized body would be responsible for drafting legislation rather than overseeing offices. The mayor would no longer be part of the council and, instead, would oversee the city’s executive functions as well as a newly hired city administrator, who would be responsible for the day-to-day operations of the city offices.

The measure would also reshape the city’s voting system, dividing the city into four separate districts. Each district would be represented by three council members. Voters would elect these council members in the same election cycle using a ranked ballot, a form of voting where people list their preferred candidates in order of preference.

The measure was crafted by the once-a-decade city charter commission, a 20-person volunteer group appointed by the city to propose changes to the city’s guiding document. Early on, the founding members said they were considering scrapping Portland’s single government commission, where council members are elected citywide and oversee a portfolio of offices assigned by the mayor. Critics say the structure is deeply flawed, leaving too much political power in the hands of wealthy, white residents, and forcing elected officials to serve as trustees for offices they have no experience running.

After a year of research into what has worked and failed in other cities, the Charter Commission voted 17 to 3 to send back a set of changes to voters that would rewrite both the city’s form of government and its voting structure.

Members of the commission and city prosecutors argued the package conforms to Oregon’s single subject rule. The unifying principle, they say, is to “change the structure of Portland’s government.” And they argue that it is essential that the measure is not split into separate parts for the changes to work.

Deputy City Attorney Maja Haium doubled down on the argument Thursday, likening the proposal to a three-legged stool.

“If a measure or one of these fundamental reforms is not passed or is not approved by the voters, one or both legs of the stool becomes an ineffective stool,” Haium said. “And that has been a constant theme of the commission since it began its deliberations 18 months ago.”

Bushong also heard from two parties on Thursday that said the wording of the ballot measure should be simplified. Lawyer and expert in electoral law Margaret Olney said that while she believes the measure complied with the single subject rule, she had concerns about the syntax of the ballot title. James Posey, co-founder of the Oregon National Association of Minority Entrepreneurs, said he believed the complex language of the ballot would be “a clear deterrent” to voters.

Portland City Council candidate Vadim Mozyrsky during his election night at the Grand Stark Hotel on May 17, 2022 in Portland, Oregon.

Portland City Council candidate Vadim Mozyrsky during his election night at the Grand Stark Hotel on May 17, 2022 in Portland, Oregon.

Jonathan Levinson/OPB

Posey, who said he was there to represent the average voter, said the Oregonian/OregonLive he originally filed his legal challenge against the measure after being approached by the Portland City Council candidate’s former campaign manager Vadim Mozyrsky, now one of the ballot measure’s most vocal opponents.

“Really, it’s a form of voter suppression that it comes out as it comes out, all lumped together,” Posey said.

Bushong said he too felt the ballot language was too complex for the average voter with terms such as preferential choice voting, single transferable vote and instant second round not defined.

“It’s something voters need to understand, and I know I didn’t know what those terms meant until I looked at the report and got a more detailed explanation of what they meant.” , said the judge. “I may not be as smart as the average voter.”

Next steps

If Bushong reverses the measure when he governs on Monday, there are several avenues to secure another measure to restructure Portland’s government in a future ballot.

The Portland City Council could vote to return its own measure to the November ballot. But they should do it by the end of next week and would need at least three board members to back it up. Council members are considering a package that would maintain the reforms recommended by the charter commission but split the current proposal into different parts, such as first reported by the Oregonian/OregonLive. The proposals would also come with a trigger that would mean that if one part fails, none of them are implemented. This decision seems likely to increase the chances of the whole package failing.

Alternatively, the city council could wait and return something to the ballot at a later date.

Mozyrsky, a former member of the charter commission who resigned from the commission earlier this month, said he hoped the judge would strike down the measure and the city council would vote to return its own primary ballot measure. of May 2023. Mozyrsky was one of three commission members who voted against the charter commission package in June, fearing the group was taking too big a gamble combining multi-member districts with preferential-choice voting.

Mozyrsky said if the measure returned by the commission fails and the council doesn’t put something else on the ballot, his Partnership for Common Sense Government coalition, one of several groups opposed to the commission’s measure, will collect funds to request something else on the ballot. for May 2024.

Another alternative is to wait for the charter commission to try again to come up with a package of government reforms. The earliest the commission could put anything on the ballot is May 2024 in the next primary election.

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Poland warns it will turn guns on EU in rule of law dispute – POLITICO https://jinkun.info/poland-warns-it-will-turn-guns-on-eu-in-rule-of-law-dispute-politico/ Mon, 08 Aug 2022 17:20:38 +0000 https://jinkun.info/poland-warns-it-will-turn-guns-on-eu-in-rule-of-law-dispute-politico/ Press play to listen to this article Poland’s de facto leader Jarosław Kaczyński promises that his government will take no further action to meet the European Commission’s rule of law demands to release 35 billion euros in grants and loans under the of the European pandemic relief programme. “We showed a maximum of good will, […]]]>

Press play to listen to this article

Poland’s de facto leader Jarosław Kaczyński promises that his government will take no further action to meet the European Commission’s rule of law demands to release 35 billion euros in grants and loans under the of the European pandemic relief programme.

“We showed a maximum of good will, but the concessions did not work”, Kaczynski Told the pro-government news portal Sieci. He insisted Poland had met its end of a deal with Brussels to roll back aspects of justice system reforms in return for EU money, but the deal was ‘broken’ by the other part. “It’s time to learn lessons,” he added.

“Since the European Commission is not fulfilling its obligations towards Poland in this area, we have no reason to fulfill our obligations towards the European Union”, Kaczyński said.

The Commission has demanded that Poland pass a series of “milestones” in reversing changes to the judicial system seen as placing judges under stricter political control in breach of EU democratic standards before agreeing to pay the stimulus fund.

Last month, Poland’s parliament passed legislation that took some steps to achieve those goals, but those steps did not go far enough, said Commission President Ursula von der Leyen. Told Polish newspaper Dziennik Gazeta Prawna.

Poland also faces a €1m-a-day fine from the EU Court of Justice for failing to comply with an EU court ruling to suspend the country’s controversial disciplinary mechanism. for the judges – amounting to more than 280 million euros.

But Kaczyński insisted that the nationalist government led by his Law and Justice (PiS) party would do nothing more. He accused the Commission of trying to undermine the rule of law in Poland and reminded Polish judges that their first loyalty was to Polish law.

A woman holds a copy of the Polish Constitution during a protest against the Judiciary Law recently signed by Polish President Andrezj Duda in the Main Square in 2020 in Krakow, Poland | Omar Marques/Getty Images

He sees the issue as part of a larger plot to overthrow Poland and accused the Commission of trying to “break up Poland and force her into full submission to Germany”.

“We are not adjusting to German-Russian plans to rule Europe,” he warned. “An independent, economically, socially and militarily strong Poland is an obstacle for them.”

Poland’s government needs EU funds to tackle soaring inflation and the growing threat of an economic downturn, but pulling out ahead of Brussels’ demands would anger the party’s electoral core in power ahead of parliamentary elections next year.

The wider party is squarely behind Kaczyński in the fight with Brussels.

“If the European Commission tries to push us against the wall, we will have no choice but to pull out all the guns in our arsenal and open fire,” warned Krzysztof Sobolewski, the party’s general secretary, in a press release. interview Monday with Polish public radio. He said Warsaw would adopt a “tooth for tooth” strategy by vetoing EU initiatives, creating a coalition to fire von der Leyen and dismissing the entire Commission, as well as taking legal action in justice against Brussels to get the money from the recovery fund.

“We are not ruling out any action,” he said.

The opposition takes advantage of belligerent comments from Kaczyński and other PiS leaders to warn Poles that such policies will lead to a “Polexit” of Poland leaving the EU; The Poles overwhelmingly support staying in the bloc.

“The more Kaczyński uses the EU as a scare tactic, the more he falls into ridicule. Nobody will take seriously a man who, instead of big funds, prefers to give the Poles poverty, anarchy, the destruction of judicial independence and, therefore, #Polexit”, said Grzegorz Schetyna, one of the leaders of the Civic Platform opposition party.

However, Sobolewski stressed: “We are not leaving the EU”, adding that his party wanted to reform the bloc to turn it into a “union of European nations”.

The EU already has paid more than €100bn of funds from the Recovery and Resilience Facility, but disbursements to Poland and Hungary have stalled due to rule of law concerns.

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Lawyers ‘have to stand up and say something,’ Breyer tells ABA assembly https://jinkun.info/lawyers-have-to-stand-up-and-say-something-breyer-tells-aba-assembly/ Sun, 07 Aug 2022 01:30:00 +0000 https://jinkun.info/lawyers-have-to-stand-up-and-say-something-breyer-tells-aba-assembly/ House web first Lawyers ‘have to stand up and say something’… Annual meeting Lawyers ‘have to stand up and say something,’ Breyer tells ABA assembly By Amanda Robert August 6, 2022, 8:30 p.m. CDT Former United States Supreme Court Justice Stephen Breyer accepts the ABA Medal from ABA President Reginald Turner during General Assembly at […]]]>

Annual meeting

Lawyers ‘have to stand up and say something,’ Breyer tells ABA assembly

Former United States Supreme Court Justice Stephen Breyer accepts the ABA Medal from ABA President Reginald Turner during General Assembly at the ABA Annual Meeting in Chicago. (Photo by ABA Media Relations)

Former U.S. Supreme Court Justice Stephen Breyer plans to spend his retirement teaching seminars at Harvard Law School; write a book about what he learned during his long career as a lawyer and jurist; and encourage high school students to become more active in their government.

But Breyer also intends to help people better understand and support the rule of law as the new chair of the ABA Rule of Law Initiative’s board. In this role, he will oversee the 20-member board and five regional councils that guide the direction of ROLI, which promotes “justice, economic opportunity and human dignity through the rule of law” in 130 countries. for over 30 years.

“These are people who will be able to convince their neighbors and talk to their friends in countries around the world about why we in our little village or town should support a rule of law which means we will sometimes see the law take a form that we don’t like,” Breyer said in an interview with the ABA Journal. “We may be against it. The other person can win. But still, we support it. Why? The people who can best explain this are lawyers, judges and other experienced people.

“Many of them are in the United States, and many of them can tell their counterparts in other places how the United States has taken centuries to reach a stage where the rule of law matters. he has. The rule of law won’t save the world from the bad parts of human nature, but it can help.”

“A very valuable use of my time”

Breyer, who retired from the Supreme Court in late June and was replaced by Justice Ketanji Brown Jackson, served as special counsel to the ROLI board. He begins his new role at the close of the 2022 ABA Annual Meeting in Chicago.

Breyer adds that concerns about the rule of law in the United States and around the world can be addressed by continuing to emphasize to younger generations the importance of appreciating and accepting different viewpoints.

“Given the problems in the world and the way the world has shrunk, the way everyone is connected to everyone – which is good, but it can also be bad – I think it important that many, if not all, of these people understand the virtues of the rule of law,” says Breyer. its best.No one can do more than try, [and] here they try. To be a part of that and to spend even a little time helping that, I think is a very valuable use of my time.

The highest honor

Breyer attended the ABA’s annual meeting on Saturday to receive the ABA Medal, the association’s highest honor.

A member of the ABA since 1988, Breyer said during his address to the General Assembly that a fellow professor at Harvard Law School encouraged him to get involved. He was active in the administrative law and regulatory practice section until President Bill Clinton appointed him to the Supreme Court in 1994.

He mentioned several reasons why it remains important for lawyers and other legal professionals to participate in the association and attend its meetings. One of them, he said, is that the ABA “is an important and core part of the law itself in America.”

Breyer explained that after the courts issue opinions, law professors read, analyze and critique them. Next, he said, lawyers read academic opinions and research to get the best results for their clients. By coming back to court, lawyers allow judges to better understand what they have done and whether they need to adjust their decisions.

“And so, you have a growing body of doctrine in most places, which hopefully, as Martin Luther King said, ‘is moving toward justice,'” Breyer said. “It’s not always the case, but we hope. And those parts of the profession that work together, I think, generally go in that direction at least some of the time. And where it doesn’t, we try to make it do more.

“Get up and say something”

Breyer also shared the story of a Supreme Court official in Ghana who once asked him, “Why do people do what you say?” He told her what Harry Reid, a former Democratic Senate leader from Nevada, said after the Supreme Court’s 2000 ruling in Bush versus Gorewhich effectively cemented the victory of Republican candidate George W. Bush over Democratic candidate Al Gore.

“I disagreed with Bush versus GoreI was dissenting, and what Reid said was, ‘You know, the rule of law, maybe you have it when you’re ready – or enough people are ready – to accept an opinion that affects them personally, but they don’t like the way it affects them. And by the way, maybe that’s wrong,” Breyer said. “That describes a lot of [opinions].”

But, Breyer added, because the rule of law is respected in the United States, “there were no stone-throwing in the streets, there were no rocket attacks, there was no beating” about the decision. To ensure this continues in this country, he stressed that it is up to lawyers to maintain a strong legal system.

“It means the lawyers for this organization and others have to stand up and say something when they think something is against the rule of law,” Breyer said. “Because that’s what they’re talking about.”

The ABA also recognized U.S. Senators Dick Durbin, D-Ill., and John Cornyn, R-Texas, for their lifetime legislative achievements during Saturday’s General Assembly. Due to a vote on a landmark climate, tax and health bill, they were unable to attend in person and accepted their awards virtually.

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Hostility to Christian values ​​is growing in European institutions, says Polish politician and philosopher https://jinkun.info/hostility-to-christian-values-is-growing-in-european-institutions-says-polish-politician-and-philosopher/ Fri, 05 Aug 2022 07:04:30 +0000 https://jinkun.info/hostility-to-christian-values-is-growing-in-european-institutions-says-polish-politician-and-philosopher/ In an interview with CNA, Polish MP Ryszard Legutko of the ruling Law and Justice (PiS) party said that while for countries like France or Germany, the rule of law report relies on official documents of state institutions, it was based on “opinions of political opponents and hostile NGOs” when it came to Poland. He […]]]>

In an interview with CNA, Polish MP Ryszard Legutko of the ruling Law and Justice (PiS) party said that while for countries like France or Germany, the rule of law report relies on official documents of state institutions, it was based on “opinions of political opponents and hostile NGOs” when it came to Poland.

He questioned the very legitimacy of this annual report, saying that the European Commission “is not a super-government or a super-court to judge the legal systems of the Member States, especially since these fall under of the sole competence of the Member States.” “With the Commission’s blocking of Poland’s post-Covid recovery plan, it has become clear that Ursula von der Leyen [the Commission’s President] and his colleagues want to overthrow the Polish government,” he commented, denouncing an “increasingly politically aggressive” institution.

“The worst violator of the rule of law in Europe is the EU itself, because it constantly circumvents all the limitations that the treaties have imposed on it, in particular Section 5 of the Treaty on European Union (TEU), which stipulates the principles of conferral, subsidiarity and proportionality,” he said.

The same criticism was leveled last year by Polish religious leaders and Catholic lawyers against the European Parliament following its adoption of a resolution condemning the ban on eugenic abortion in Poland. In this resolution, the Parliament asked the European Commission to trigger the rule of law mechanism and suspend funds intended for Poland until the country amends its constitution to liberalize abortion.

According to MEP Legutko, the conservative essence of the Polish and Hungarian governments and their refusal to join “the mainstream of the EU” motivates many of the accusations against them. “When Slovenia had a conservative government, it was also attacked,” he said.

The parliamentarian added that the leaders of these institutions mainly target the Christian foundations of these conservative governments.

“Despite the weakening of Christianity in Europe, hostility towards the Christian religion is growing among European institutions; there is nothing paradoxical about it,” he said. “Christianity is still seen as a force that resists moral revolution led by the left, such as abortion, same-sex marriage, gender ideology, green revolution, etc.”

“The European People’s Party [a transnational organization gathering Christian-democratic, conservative, and liberal-conservative member parties, and that represents today the largest political party in the European Parliament and Commission] has long capitulated and accepted the leftist agenda and ideologies,” Legutko continued.

“Christian Democracy, in fact, has disappeared from European politics. It is therefore completely understandable that countries like Poland, which still have a strong Catholic culture and community and are resisting the current moral revolution, encounter aggressive reactions from the EU,” he said. he concluded. “And this aggression will increase until or unless Poland capitulates. I hope that will not be the case.

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Analysts say junta seeks to retain power by extending state of emergency https://jinkun.info/analysts-say-junta-seeks-to-retain-power-by-extending-state-of-emergency/ Wed, 03 Aug 2022 08:47:46 +0000 https://jinkun.info/analysts-say-junta-seeks-to-retain-power-by-extending-state-of-emergency/ Political analysts and senior politicians have criticized the military council’s extension of the state of emergency as an attempt to retain power. The military council, which deposed the elected government and took power, announced on July 31 that the state of emergency had been extended for six months. The military council held a meeting of […]]]>

Political analysts and senior politicians have criticized the military council’s extension of the state of emergency as an attempt to retain power.

The military council, which deposed the elected government and took power, announced on July 31 that the state of emergency had been extended for six months.

The military council held a meeting of the National Defense and Security Council and unanimously decided to extend the state of emergency for six months in accordance with Article 425 of the Constitution.

U Than Soe Naing, a political analyst, noted that the move is an attempt to establish a civilian government in their favor, with elections in 2023.

U Than Soe Naing added that “the military council will make the necessary changes to the 2008 constitution in 2023 and try to bring the civilian government to power in its favor. General Min Aung Hlaing will appoint a person he trusts to the head of the military, a move to continue to rule the country as president.”

The 2008 constitution stipulates that the military council can declare a state of emergency for one year and extend it for another six months twice if necessary.

This is the latest extension of the state of emergency by the military council that overturned the 2020 general election results and took power, and it will expire on February 1, 2023.

Dr. Sai Kyi Zin Soe, a political analyst, noted that the extension of the state of emergency is an attempt to maintain a position in which the military can engage in politics.

General Min Aung Hlaing said the state of emergency should be extended as it needed time to hold national general elections.

The regime’s Union Electoral Commission has consistently said in press conferences that after the state of emergency, a free and fair election will be held under the proportional representation (PR) system in 2023.

U Bo Bo Oo, vice chairman of the National League for Democracy (NLD) in San Chaung Township, told Than Lwin Times that “it’s like a silly joke that a new election will be held under the leadership of of an illegal election commission appointed by the junta. This is disrespectful to the international community as well as the people of Myanmar. I want to say to the military council that they should only recognize the results of the 2020 election, for which the people voted unanimously.

Fighting continues between the junta’s armed forces and ethnic armed organizations, including the People’s Defense Forces, across the country, with frequent guerrilla attacks.

The veteran politician voiced his opinion that “elections to be held under the PR system will only strengthen the military dictatorship. If they overcome this crisis by using elections as a loophole without solving political problems through political means , the problems will remain. The situation will get worse.”

The National Unity Government (NUG) has called on political parties not to engage in the 2023 general elections, which are the flight of dictators, and to oppose actions that will delay people’s revolution.

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Trial Court Rules Hospital Security Event Minutes Privileged Under LSQIA and State Law | Katten Muchin Rosenman LLP https://jinkun.info/trial-court-rules-hospital-security-event-minutes-privileged-under-lsqia-and-state-law-katten-muchin-rosenman-llp/ Mon, 01 Aug 2022 17:44:05 +0000 https://jinkun.info/trial-court-rules-hospital-security-event-minutes-privileged-under-lsqia-and-state-law-katten-muchin-rosenman-llp/ The plaintiff in this case brought a lawsuit against a Wisconsin hospital resulting from an injury on hospital grounds. During discovery, the plaintiff requested “all documents, communications or correspondence relating to [Hospital’s] “Serious Occurrence Review Team(s)” (SERT) that have been generated over a specified period of time. The plaintiff filed a motion to compel after […]]]>

The plaintiff in this case brought a lawsuit against a Wisconsin hospital resulting from an injury on hospital grounds. During discovery, the plaintiff requested “all documents, communications or correspondence relating to [Hospital’s] “Serious Occurrence Review Team(s)” (SERT) that have been generated over a specified period of time. The plaintiff filed a motion to compel after the hospital refused to produce documents arguing they were protected from discovery under the Patient Safety and Quality Improvement Act of 2005 (PSQIA) and Wisconsin Statute Section 146.38. The document request was ultimately narrowed down to the minutes of two SERT meeting minutes.

By affidavits and in the hospital memorandum in support of his motion for an order of protection, he established the following:

  1. minutes were entered into the hospital’s Event Reporting System (ERS) and discussed at SERT meetings;
  2. Both SERT and ERS are components of the hospital’s Patient Safety Rating System (PSES) policy, which outlines the process for collecting, using, sharing, and reporting product. Patient Safety Working Group (PSWP) or treatment of the PSWP as deliberation or analysis;
  3. it was standard hospital practice during the relevant period that event reports were “prepared and submitted to SERT for review and reported to [the Hospital’s]…Organization for Patient Safety (OSP);”
  4. the date on which the minutes were entered into the SAFF and transmitted to the OSP; and
  5. the reports relating to the medical care provided to the applicant.

After citing the PSQIA’s definition of preferred PSWP, the court determined that the minutes were “assembled or compiled by a supplier for the purpose of reporting to a PSO and are in fact provided”, as evidenced by the affidavits. . The court further held that the minutes are privileged because they “identify the discussions and analyzes carried out by the SERT . . . meetings”. Having met the definition of PSWP in both the reporting and deliberation or analysis avenues, the minutes were therefore protected from discovery under the PSQIA.

Plaintiff’s argument that the minutes were created separately from the hospital’s PSES was rejected because no evidence to the contrary was ever presented.

Importantly, the trial court also ruled that the minutes were privileged under Wisconsin statute sections 146.38(1m) and 146.38(2m), which prohibit the disclosure of a “report of ‘incident or event’ in a civil proceeding against a medical provider. Because the records in dispute related to the plaintiff’s medical care, they were not accessible under this state law.

Lessons learned and recommendations

  1. It was a case of first impressions, at least in front of this particular judge. Given the predisposition of most judges to reject claims of privilege, it was especially important to educate the court about the LSQIA.
  2. The decision highlights the importance of introducing affidavits, relevant PSES policies and legal memoranda citing in support of either a Motion to Dismiss a Discovery Claim or a Motion for an Order of Protection, which was filed in that case.
  3. Supporting affidavits must specifically describe the process by which the PSWP:
    1. was collected in PSES and when it was collected;
    2. how they were shared, reviewed and used to improve patient care and/or reduce patient risk;
    3. if using the reporting channel, that the PSWP was collected for the purpose of reporting it to a PSO and when it was reported;
    4. if relying on the deliberations or analytical pathway, establish how and when the PSWP was discussed in the context of the PSES; and
    5. the affidavit must specifically cite the relevant provisions of the PSES to support compliance with the LSQIA.
  4. The PSES policy should identify which PSWPs are actually reported to the PSO and which are treated as deliberations or analysis.
  5. As a best practice, PSES policy should identify the names of reports, analyses, committees, minutes and other work products used or created by quality assurance, quality improvement, review peer review and other patient safety activities.
  6. In this case, the court ordered that the minutes be handed over for a closed-door inspection. There is no specific disclosure exception under the LSQIA to permit such inspection by the court. In practice, the refusal of such an examination will probably lead to an unfavorable decision. Here, as in other cases, the hospital used the permitted disclosure exception under section 3.206(b)(3) of the Final Rule which allows a supplier to disclose its own PSWP. The minutes were disclosed with a letter to the court citing this provision, noting that the disclosure was limited to establishing compliance with the LSQIA and that privilege protections remained in effect.
  7. Privilege protections under the LSQIA and state peer review statutes are NOT mutually exclusive. Both may apply depending on the documents in question and whether a supplier can demonstrate compliance with both laws.
  8. The decision in this case is at least the second reported court decision to apply both the reporting route and the deliberation or analysis route as the basis for upholding the privilege protections of the PSQIA.

Author’s Note

As the case is still active, the hospital requested that the trial court’s decision not be attached to this notice. Michael Callahan, senior counsel at Katten, who acts as outside counsel on PSQIA matters for the health system, assisted the hospital’s defense attorney in preparing affidavits in support, the motion in order of protection and the memorandum in support of the application.

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Can multiple sclerosis (MS) cause skin symptoms? https://jinkun.info/can-multiple-sclerosis-ms-cause-skin-symptoms/ Sat, 30 Jul 2022 08:58:34 +0000 https://jinkun.info/can-multiple-sclerosis-ms-cause-skin-symptoms/ Multiple sclerosis (MS) is a chronic disease that affects the brain and spinal cord, which are part of the central nervous system. Some treatments for this condition can cause hives or rashes in some people. This article explores MS and its symptoms in more detail, along with treatment options and preventative measures. MS develops when […]]]>

Multiple sclerosis (MS) is a chronic disease that affects the brain and spinal cord, which are part of the central nervous system. Some treatments for this condition can cause hives or rashes in some people.

This article explores MS and its symptoms in more detail, along with treatment options and preventative measures.

MS develops when the immune system blocks nerve fibers and the myelin sheath, the fatty substance that protects nerve cells.

There are about 2.8 million people with MS worldwide.

Different forms of MS include:

  • Clinically isolated syndrome: This refers to the first episode of symptoms people experience when there is inflammation in the central nervous system. This can last 24 hours but does not always lead to MS.
  • Relapsing-remitting MS: This form of MS causes seizures that get better, with some residual effects. During attacks, symptoms may worsen or new symptoms may appear. This form of MS is lifelong and attacks can last for weeks or months.
  • Primary progressive MS: People with this type of MS have symptoms that get progressively worse and they don’t have frequent attacks.
  • Secondary progressive MS: This type of MS begins as a pattern of relapsing-remitting MS for years, which then begins to change into a pattern of progressive MS.

Learn more about the types of MS here.

MS symptoms

MS can be mild, but in some cases people can no longer speak, write or walk.

The National Institute of Neurological Disorders and Stroke (NINDS) indicates that the disorder is unpredictable and that the first symptoms, such as diminished or blurred vision, may appear between the ages of 20 and 40.

People with MS can experience several symptoms, including:

These may get better for a while but come back later. Sometimes these symptoms can also get worse.

Diagnosis of MS

A person should see a doctor if their symptoms are causing discomfort or interfering with their routine. According to National Multiple Sclerosis Society (NMSS)neurological damage can also occur in the early stages, so early treatment is important.

To diagnose MS, doctors need to do the following:

  • Identify signs of damage to at least two distinct areas of the central nervous system.
  • Identify that the damage occurred at different times.
  • Eliminate other possible causes of the damage.

Doctors will take a person’s medical history and may perform neurological exams that test walking, balance, swallowing and facial sensation. They may also use blood tests to rule out other potential conditions.

Medications such as duloxetine, gabapentin, and carbamazepine may benefit people with neuropathic pain.

Doctors or dermatologists can also prescribe the following to treat hives:

  • Antihistamines: These drugs are available without a prescription. They can help reduce itching and swelling. These include:
  • Corticosteroids: Medications like prednisone can help reduce inflammation and itching.
  • Anti-itch lotion or cream: These creams provide temporary relief when the skin is itchy, like E45.
  • Omalizumab: This medicine is available as an injection and can help when antihistamines do not provide relief.
  • Auto-injector: An EpiPen can be beneficial for people with life-threatening allergies.

Learn more about MS treatment guidelines.

Although MS does not cause skin symptoms, some MS medications can cause skin symptoms, such as hives, rashes, and tingling.

Side effects of anti-itch lotion or cream

Anti-itch creams tend to relieve the symptoms of itching, but creams such as E45 can also cause other skin related symptoms:

  • burning sensation
  • redness
  • pus
  • dermatitis

Side effects of omalizumab

Omalizumab injection can cause side effects, such as:

  • the skin at the injection site may have:
  • pain in:
  • fatigue
  • headache
  • nausea
  • swelling inside:
  • abdominal pain
  • nose bleeds

Some side effects can be serious, such as:

A person should seek immediate medical attention if they experience any of these symptoms after receiving the injection.

Side effects of alemtuzumab

Alemtuzumab may cause itching and rashes. These symptoms usually go away after the person stops treatment.

A 2020 case study explains how a 40-year-old woman experienced hives and swelling of her lips and face after treatment with alemtuzumab. The symptoms lasted for 3 months and the person also received treatment for the hives.

Dimethyl Fumarate Side Effects

Dimethyl fumarate is another medication that doctors may prescribe for MS. It decreases inflammation and prevents nerve damage.

Doctors can prescribe it for people with relapsing forms of MS. However, the side effects May affect skin such as:

  • itch
  • redness
  • urticaria
  • Rashes

Azathioprine Side Effects

Azathioprine is another MS drug that can cause skin symptoms. Side effects may include:

Below are some medications that may cause skin effects, along with additional symptoms.

Side effects of corticosteroids

Short-term corticosteroid side effects are usually mild and tend to go away after treatment ends.

Potential side effects affecting the skin include rashes and redness. Additional effects that affect the rest of the body are:

Long-term steroid treatment can lead to other potential side effects and skin complications, such as acne and:

A person should discuss the potential side effects of steroids with a doctor before starting treatment.

Side effects of antihistamines

Antihistamines do not tend to affect the skin but potential side effects of drowsy antihistamines include:

  • drowsiness
  • reduced coordination, reflexes and judgment
  • dry mouth
  • Blurred vision
  • difficulty urinating

Side effects of non-drowsy antihistamines can include some of the above effects, as well as headaches and nausea.

Alemtuzumab and dimethyl fumarate

These drugs are examples of disease-modifying therapy (DMT) to treat MS flare-ups. People receive them as an infusion where doctors administer the medicine directly into a person’s veins (intravenously).

Azathioprine

This drug is also an example of DMT, but people take it orally.

A person with MS can be exposed to a number of conditions, including:

Neurological pain

The NMSS also notes that it is common for people with MS to have numbness or a tingling sensation. It can affect any part of the body.

The neurological pain associated with MS does not cause rashes or sores, but it can be severe. In some cases, it can feel like burning or it can have a serious effect on quality of life.

Treatment may include medications like antidepressants and anticonvulsants which are used to treat neuropathic pain. Some people might also benefit from:

Bedsores

People immobile due to MS, in a wheelchair or in bed for long periods of time can develop pressure sores. A pressure sore is an area of ​​skin or tissue that is dead or dying because blood has stopped flowing to that area.

These can cause pain, but if the sensation is altered it may not be painful, which can cause it to go unnoticed and make it worse. If left untreated, they can cause serious health problems, and spread to fatty tissue or bone.

Prevention consists of programming turning positions and using soft padding on bony areas. If a skin sore begins to develop, a medical professional should treat it quickly to prevent it from becoming infected.

Risk of autoimmune diseases

The comorbidities are common in people with MS, including:

Skin symptoms are not part of MS itself, but autoimmune diseases can cause these symptoms to appear.

For people with pain, discomfort, and altered sensation related to neuropathy, the following strategies may help:

  • wear loose clothing
  • massage
  • hot or cold therapy
  • stretching exercises
  • stress relief
  • low impact physical activity

Avoiding skin symptoms from medications can be difficult, but talking with a doctor about the potential risks and side effects of medication can help. Knowing the potential for skin reactions can make it easier to spot problems before they become serious.

MS is a disease that affects the central nervous system.

Symptoms include muscle stiffness, spasms, and numbness.

Some people may also develop rashes, hives or tingling from certain MS treatments. If medications are causing skin symptoms, doctors may recommend medications to help relieve and reduce the itching, such as creams, antihistamines, or injectables.

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Van Hollen Releases Text of FSGG Appropriations Bill, Including $500 Million in Funding for New FBI Headquarters, Investments in the Economic Prosperity of Our Communities, and Removal of Harmful Legacy Passengers https://jinkun.info/van-hollen-releases-text-of-fsgg-appropriations-bill-including-500-million-in-funding-for-new-fbi-headquarters-investments-in-the-economic-prosperity-of-our-communities-and-removal-of-harmful-lega/ Thu, 28 Jul 2022 17:46:30 +0000 https://jinkun.info/van-hollen-releases-text-of-fsgg-appropriations-bill-including-500-million-in-funding-for-new-fbi-headquarters-investments-in-the-economic-prosperity-of-our-communities-and-removal-of-harmful-lega/ July 28, 2022 The legislation also strengthens rules preventing an administration from illegally withholding funds directed by Congress, as Trump did with the help of Ukraine; provides additional funds to sanction Russia; and allows the SEC to report on political donations Today, U.S. Senator Chris Van Hollen (D-Md.), Chairman of the Senate Appropriations Subcommittee on […]]]>

July 28, 2022

The legislation also strengthens rules preventing an administration from illegally withholding funds directed by Congress, as Trump did with the help of Ukraine; provides additional funds to sanction Russia; and allows the SEC to report on political donations

Today, U.S. Senator Chris Van Hollen (D-Md.), Chairman of the Senate Appropriations Subcommittee on Financial Services and General Government, released the text of the Fiscal Year 2023 Appropriations Bill. The subcommittee funds the Treasury Department, the executive office of the president, the judiciary, the District of Columbia, and more than two dozen independent federal agencies.

“Our federal funding bills should provide investments in the key priorities of our constituents and our country – not divisive and harmful political riders. I am proud to release this legislation that honors this mark and provides federal dollars where they are needed most – to help our communities and our economy grow and prosper – and to increase investments that help protect American consumers, to safeguard our democracy, to support agencies that work on behalf of the American people, strengthen our national security, and more.

“To support our federal workforce and region, this legislation provides $500 million in funding to move forward with a new consolidated FBI headquarters — a priority I have fought for over the past the last decade – to secure a campus that meets the FBI’s mission and needs. This bill also nullifies the ability of any future administration to fire public service employees based on political disagreements, using our public service as a partisan punching bag and undermining our federal agencies.

“To protect the autonomy of the District of Columbia, this bill removes legacy divisional covenants that unfairly restrict DC’s ability to fund accessible reproductive services and regulate cannabis. It also reverses other harmful Republican poison pills, including the Republicans’ endorsement to stop the SEC from providing greater transparency in political fundraising and their attempts to stop the FTC from limiting unhealthy junk food advertising. to our children.

“To bolster our national security, this legislation provides funding for ongoing sanctions to inflict maximum economic suffering on Putin for instigating his unprovoked war on Ukraine. It also strengthens rules preventing an administration from withholding congressional-directed funds without notifying Congress — as the Trump administration has done with the help of Ukraine. In addition, this bill will strengthen our electoral security, through electoral grants that will be used directly to improve our electoral infrastructure so that we continue to maintain the integrity and security of our elections.

“To protect taxpayer dollars, our bill invests in greater enforcement at the IRS to close the tax gap by cracking down on big business and ultra-wealthy households who abuse our system. It also strengthens our ability to prosecute those who commit financial crimes to increase consumer protection.

“And to bring greater prosperity and economic opportunity to our communities, this legislation invests critical federal funds in areas that will directly benefit the American people – funds to support underserved communities, entrepreneurs and small businesses. through the Community Development Financial Institutions Fund. to provide the resources needed to improve taxpayer services and eliminate significant backlogs at the IRS.

“Making sure government works for all Americans should guide everything we do. I am proud to introduce this bill to invest in the success of our communities, our economy and our national priorities.

Senator Van Hollen’s priorities in the bill include:

  • $500 million in funding to move forward with a new consolidated FBI headquarters
  • Wording to Prevent an Administration from Firing Public Service Employees Based on Political Disagreements (Appendix F)
  • Wording to strengthen rules preventing an administration from withholding Congress-directed funds without reporting the delay to Congress as the Trump administration did with the help of Ukraine
  • Removed language that prevented the SEC from finalizing a rule that would require publicly traded companies to disclose political spending to shareholders
  • Removed language that prohibited the IRS from issuing a rule that would clarify the definition of political activity for 501(c)(4) welfare groups
  • Stripping the language that prevented the District of Columbia from using local funds to pay for abortion services
  • Stripping the Language That Prevented the FTC from Limiting Unhealthy Junk Food Advertising to Our Children

    • $324 million for the CDFI Fund to promote economic and community development and access to capital in low-income communities
    • $1.124 billion for the SBA, including $179 million for SBA Disaster Loans, which provide assistance to business owners, homeowners and nonprofits rebuilding local communities at the following devastating natural disasters, $311 million for Entrepreneurial Development Grants, $138 million for Small Business Development Centers, $26 million for Women’s Business Centers, $41 million for Technical Assistance in microcredit and $3 million for a cybersecurity grant program that will provide small businesses with access to cybersecurity tools.
    • $13.595 billion for the IRS to help the IRS close the annual tax gap – the amount of taxes owed but not paid – estimated at between $500 billion and $1 trillion a year, improve customer service for working families and addressing aging agency IT infrastructure
    • $400 million for election security grants
    • $7 million in one-of-a-kind funding to pay White House and EOP interns
    • $390.2 million for the FCC, which addresses the opportunities and challenges associated with rapidly changing communications technologies and promotes broadband services in underserved areas, especially rural communities
    • $212 million to the Treasury Department to support sanctions efforts and other investments that will strengthen U.S. national security, including sanctions related to Putin’s unprovoked and violent aggression against Ukraine
    • $189 million to the Financial Crimes Enforcement Network to continue work on a data system that tracks ownership and control of certain businesses and organizations and helps combat the use of complex corporate structures to protect illegal activity
    • $430 million for the Federal Trade Commission to protect consumers from deceptive and fraudulent practices and promote marketplace competition by enforcing antitrust laws
    • $8.476 billion for the judiciary, which includes funding for our federal courthouses across the country up to the Supreme Court, including security needs



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Opposition sticks to price hike discussion and disrupts RS procedure https://jinkun.info/opposition-sticks-to-price-hike-discussion-and-disrupts-rs-procedure/ Tue, 26 Jul 2022 07:53:52 +0000 https://jinkun.info/opposition-sticks-to-price-hike-discussion-and-disrupts-rs-procedure/ The Rajya Sabha resumed on Monday but was only able to operate for 127 minutes amid loud protests from the opposition benches for not being allowed to discuss the price hike issue. Amid the chanting, the Rajya Sabha was adjourned three times – first by Vice President Harivansh and then twice by Dr Sasmit Patra […]]]>

The Rajya Sabha resumed on Monday but was only able to operate for 127 minutes amid loud protests from the opposition benches for not being allowed to discuss the price hike issue. Amid the chanting, the Rajya Sabha was adjourned three times – first by Vice President Harivansh and then twice by Dr Sasmit Patra who was in the chair.

Debate on the Weapons of Mass Destruction and Their Delivery Devices (Prohibition of Unlawful Activities) Amendment Bill 2022 has been continuously interrupted in the Upper House.

When NCP MP Dr Fauzia Khan, who was drawing the attention of the Minister of Health and Family Welfare to the situation resulting from the increase in cases of post-Covid complications, a matter which was to make the debated, took the floor, she said the price hike issue should be discussed first, as requested by opposition members.

“All notices (Rule 267) relate to the issue of price escalation. Since the president has not admitted this, we will not discuss it,” Harivansh said.

Opposition leader Mallikarjun Kharge (Congress) said he had demanded a debate on the price hike
for six days. “That’s why we gave notices under Rule 267. It’s a big issue for the public. Why doesn’t the government want to discuss it?” he said.

Derek O’Brien of the Trinamool Congress said that since 2017 the government has not once admitted notices under Rule 267. House Leader Piyush Goyal said disruptions to the opposition were disappointing. “The
There are many important measures that the government has taken as a result of which there is less rise in prices in the country than in other countries.

The government wants a discussion, it’s the opposition that shuns it,” Goyal said. On the continued disruption in the House and notices under Rule 267, Union Minister Bhupender Yadav said: “The issue of Rule 267 has come up – there has been a fuss around it since the morning. Now, a point of order is raised under rule 259. You have to accept that under rule 258, the decision of the chair is final. If members enter the shaft and create noise and disorder in the House – then it should be published in the bulletin that they have not obeyed the decision of the House.

Under Hamid Ansari, this was done, so that the country would know that those who ask for a point of order are those who do not follow it. This should be revived.

During the debate on the Weapons of Mass Destruction (WMD) Amendment Bill, which seeks to freeze finances and assets used to fund WMDs, BJP member Ajay Pratap Singh said that the victims of terrorist attacks in India and elsewhere had only one crime. – that “they belong to another belief system”.

Singh also said that during a national crisis under Congress rule, opposition leader Atal Bihari Vajpayee agreed to rise above politics and support the government on national security. “Vajpayeeji did not think about political gains on national security issues,” Singh said.

Opposing Singh, Aam Aadmi party member Raghav Chaddha raised a point of order under Rule 110 on the scope of the debate, pointing out that Singh did not discuss the merits of the draft at all. law.

Many BJP members criticized the opposition for not letting the debate play out. “I think opposition members need to understand the importance of this legislation. This is very important legislation to control the financing of weapons of mass destruction and terrorist activities.

This discussion was to take place last Thursday.

This was only delayed to allow opposition members to participate in the debate. But the way the opposition is behaving is extremely worrying,” said GVL Narasimha Rao of the BJP, adding that “terror has been politicized in the country”.

“We saw the previous UPA government give safe passage to a number of terrorist organizations. The Samjhauta explosion, which happened in 2007,…the investigation was thoroughly politicized…The NIA court verdict in the Samjhauta explosion case made it clear that the investigation was not not appropriate and the focus was on politics,” said
Rao.

“International obligations are only ignored for disruptions (by the opposition). That’s the nature of this opposition…now sir I want to point out a few mistakes and maybe that’s why they want to shout and disrupt…I want to point out the failures of the 2005 legislation that their government brought in…some of among them or most of them belonged
from the UPA,” said another BJP member, Mahesh Jethmalani.

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Tunisians vote on constitution aimed at strengthening one-man rule https://jinkun.info/tunisians-vote-on-constitution-aimed-at-strengthening-one-man-rule/ Mon, 25 Jul 2022 01:44:11 +0000 https://jinkun.info/tunisians-vote-on-constitution-aimed-at-strengthening-one-man-rule/ Published on: 07/25/2022 – 03:44Amended: 07/25/2022 – 03:42 Tunis (AFP) – Tunisians are voting Monday on a constitution seen as a referendum on President Kais Saied, whose charter would give his office nearly unchecked powers in a break from the country’s post-2011 democratic trend. Voting takes place from 06:00 (05:00 GMT) to 22:00 at some […]]]>

Published on: Amended:

Tunis (AFP) – Tunisians are voting Monday on a constitution seen as a referendum on President Kais Saied, whose charter would give his office nearly unchecked powers in a break from the country’s post-2011 democratic trend.

Voting takes place from 06:00 (05:00 GMT) to 22:00 at some 11,000 polling stations across the North African country.

About 9.3 million of Tunisia’s 12 million people – civilians over the age of 18 – chose to vote or were automatically registered to vote, according to the ISIE electoral commission.

They include around 356,000 registered overseas, for whom voting began on Saturday.

The referendum comes a year to the day after Saied sacked the government and froze parliament in a dramatic power grab, as Tunisia grappled with rising coronavirus cases on top of political and economic crises.

Many Tunisians hailed his actions against political parties and the often deadlocked parliament, part of a system long hailed as the only democracy to emerge from the 2011 Arab uprisings.

But after a year of one-man rule in which he greatly expanded his powers and made little progress in addressing deep economic issues, Saied’s personal popularity will be in the spotlight.

All eyes on participation

“The biggest unknown in this referendum is turnout and whether it will be low or very low,” analyst Youssef Cherif said.

No quorum was set, nor any provision made for a “no” result, and Saied’s constitution for a “new republic” is expected to be adopted.

Saied’s rivals, rights groups and international organizations have warned he risks turning the country back into a dictatorship, more than a decade after the overthrow of dictator Zine El Abidine Ben Ali sparked pro- democracy throughout the region.

Opposition parties and civil society groups called for a boycott, while the powerful UGTT union took no formal position on the vote.

Saied’s charter would replace the country’s 2014 constitution, a hard-won compromise between Islamist and secular forces reached after three years of political unrest.

His supporters blame the hybrid parliamentary-presidential system he introduced, and the dominant Islamist-influenced Ennahdha party, for years of political crises and widespread corruption.

Saied’s draft was released earlier this month with little reference to an earlier draft – produced by a committee appointed by the president.

The new text would place the head of state in supreme command of the army, give him full executive control and allow him to appoint a government without parliamentary approval.

He could also present bills to parliament, which would be obliged to give them priority.

It would be nearly impossible to impeach him before his five-year term ends in 2024.

Sadeq Belaid, the legal expert who led the drafting committee, said Saied’s version was “completely different” from the committee’s and could install “a dictatorial regime”.

Saied released a slightly modified document just over two weeks before the vote, but even with the new draft it would be nearly impossible to force the president to resign.

Revolutionary “fix”

The project was heavily promoted in state media, and billboards displaying the Tunisian flag appeared urging people to vote “yes”.

“People don’t know what they’re voting on or why,” Cherif said.

Saied, a 64-year-old law professor, won a landslide victory in the 2019 presidential elections, building on his image as incorruptible and alienated from the political elite.

He has appeared increasingly isolated in recent months, limiting his public comments to official videos from his office – often rants against national enemies he calls “snakes”, “germs” and “traitors”.

He has sworn to protect the freedoms of Tunisians and describes his political project as a “correction” and a return to the path of revolution.

“Many young people, marginalized and excluded, are on his side,” said political scientist Hamadi Redissi.

That popularity will continue to be tested in the months ahead as Tunisians face soaring inflation, 40% youth unemployment and a looming deal with the International Monetary Fund which observers say , could lead to further economic hardship.

Cherif said that for now, “the fact that people can express themselves freely or go and vote ‘no’ without going to jail shows that we are not in a traditional dictatorship”.

But, he added, “this constitution could create an authoritarian regime like the regimes that Tunisia knew before 2011”.

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