Saturday, December 20, 2008

Let Them Drink Water

"What'll It Be?"

"I'll have the 'all you can eat special'......and a Diet Coke"

New York Governor Paterson's recent proposal to tax non-diet soft drinks http://cityroom.blogs.nytimes.com/2008/12/16/soda-tax-plan-sparks-a-debate/ should be applauded for one reason only. It will get people talking about the question of whether diet sodas are healthy. There has been some reference to this tax as an "obesity tax". This stunned me, as I firmly believe that not only are diet sodas unhealthy, they CAUSE obesity.

I know, just because overweight people are often seen buying and consuming diet soda, I should not make the simplistic assumption that diet soda caused the obesity. I know it did not. Over-eating the wrong foods, lack of exercise and (perhaps) genetics is the CAUSE. But has diet soda ever helped an obese person LOSE weight? If there was an ounce of evidence that this could remotely happen, wouldn't the diet soda purveyors be flaunting this? They do not, because they know diet soda has zero to do with reducing obesity. My non-scientific observation is that drinking diet soda tricks obese people into thinking they are "doing something about their problem", which paradoxically causes them to ignore the root issues, thereby exacerbating the problem. In logic, I think this is called the "Tab-Conundrum".

This diet soda exception reeks of lobbying, desperation and stupidity. I was insulted by the idea of exempting diet soda from a soft-drink tax. Am I the only one? Soft drinks are unhealthy crap, designed by the mass-food industry to be addictive. Diet sodas are crappy soft-drinks with the sugar taken out, and chemical substitutes added.

There are numerous examples of legislative efforts to tax "unhealthy" products, to raise revenue and discourage unhealthy (and therefore costly to society) behavior. Most people have no problem with a heavy tax on cigarettes. Most of us understand why gasoline is taxed (our society is addicted to it, we should use less, and the tax raises massive revenue).

I don't have a problem with soft drinks being taxed, if it's ALL soft drinks. I can imagine a board meeting at Coke, where they can't be happy about their flagship product being taxed, but also realizing the benefits in touting the tax savings of their "healthy alternative". Ughhh

What will be next? Coffee is a logical candidate. It's addictive, probably unhealthy, and widely used. Would we exempt de-caf? Frappuccinos?

What about tea? Hmmm, revolutions have started over taxing tea. Maybe that's why diet soda is exempted...fear of revolution from the Diet Coke community.

Excessive television watching is unhealthy, contributing to obesity and mental stupification. Maybe we should tax it.....would we exempt PBS? How about radio, would it be subject to the "sedentariness tax"?

Maybe this issue comes at the right time, when people are looking for ways to cut costs. I wonder how much money people would save if they didn't drink soft drinks at all? If they cured their addiction.....and I call it an addiction because people believe they NEED to drink soft drinks. The fact is, if you drink WATER (as is, or with a squeeze of lemon or lime......a 19 cent lime works for about 6 glasses of water), you'll never look back. Except to look at the soda companies to say "good-bye, and thanks for nothing".

Wednesday, December 3, 2008

Throw Back the Little Ones

The nature of law practice, like any small business, forces you to think about where you've been, where you are, and where you're going. I think I do this more as I get older, realizing there is not an infinite time frame to get it right.

This morning I was thinking about what I want to do, but it's so hard to stay focused on THAT. My learned thought patterns keep taking me back, thinking about what I've done....usually what I've done wrong. At best, I get to what I'm doing now, that is, what I'm presently doing wrong. Do I have to get past these to think about the future? I don't know, if you figure it out let me know, we can write a book and go on Oprah together.

I DID figure out that I want to be working on things that excite me, BIG projects and bold business ideas. I've had some of these kicking around for years, and they haven't been done. Why? WHY?? One reason is working on a high volume of small stuff, rationalized under the heading of "having to make a living". Would I be making a better living if I were working on bigger and better things? If I had the courage to go after them? If I did not "keep busy" with the small stuff?

For some reason, FISHING came to mind. If I were fishing for bigger and more exciting things to do, what would I do with the smaller fish? Give em to someone else, or....THROW THEM BACK. Naturally, this made me think of the Steely Dan song "Throw Back the Little Ones". It's an obscure Steely Dan song, but I always really liked it. Here's a link....with lyrics, give it a listen, check out the lyrics, and let me know if you like it http://www.actionext.com/names_s/steely_dan_lyrics/throw_back_the_little_ones.html

If you are fishing, and you don't throw back the little ones, and if you keep bringing them on board, you know what happens? Your whole ship smells like mackerel!!!

Thursday, November 27, 2008

Thanksgiving 2008

I'm taking a break from helping prepare for Thanksgiving. We will have 12 people today and 16 on Friday (our traditional left-over get-together with friends). We listened to Alice's Restaurant at noon....I wonder how widespread this tradition is. I decided to youtube "Arlo Guthrie Alice's Restaurant", and here's one for your viewing and listening pleasure http://www.youtube.com/watch?v=b8DtpdXZi0M&feature=related

Of course, as often happens when I get clips from youtube.....one thing led to another, and I was looking at all kinds of related videos. With Arlo Guthrie came clips of "This Land is Your Land". That song feels very American and reminds me of Thanksgiving

Here's a young Arlo Guthrie with Pete Seeger http://www.youtube.com/watch?v=eNXPeCOCaI4&feature=related

Here's something a bit later http://www.youtube.com/watch?v=pqZ3oNsMVr0&feature=related

Then I longed for the Bruce Springsteen version....which I suspect may show up at either the inauguration or at the Super Bowl http://www.youtube.com/watch?v=6M-_KjKX29g

Then I found this one....Peter, Paul & Mary "If I Had a Hammer" very cool http://www.youtube.com/watch?v=EY2JEGLD0-k&feature=related

I am thankful for anyone and everyone who reads my blog,
and thankful to live in this great country, where we collectively did the right thing, and thankful we had the opportunity to do it, and we did it, and
thankful to be celebrating Thanksgiving with family and friends.

Happy Holiday to all.

Wednesday, November 19, 2008

My Two Wacky Ideas

I would pontificate about GM and Chapter 11, but much smarter people are already doing that. My brief take on it......no way they are getting bailed out with this Congress and President, they should be forced into Chapter 11 with government financing on the reorganization. Resisting the bail out pressure will put President Obama to the test.

Sometimes it seems like the whole economy should file for Chapter 11.

Things have gotten so complicated that I am reluctant to contact President-Elect Obama about my two BIG ideas. These are things I have been thinking about for a few years. Maybe I am not the only one who has thought of these things, but for once, I have not googled them because I want to feel like I thought of them. I want to develop them. I want these ideas to be put into action because I know they will work, despite their apparent oddness. I might even let some think-tanks tinker with them, maybe perfect some of the fine points. There may be some possible flaws in these ideas, but I can assure you, they are misguided and can be addressed to the satisfaction of any clear thinking person.

OK....here are the two ideas.....................

1. A cashless economy. I am proposing that we eliminate all cash money except one dollar bills and quarters. All transactions, and I mean ALL transactions, should be on credit/debit cards. I want everything in the economy accounted for and verified. No cash payments for anything. Nobody working illegally, nobody getting paid off the books, nobody skipping out on their taxes. I am proposing that EVERY single person pay ALL of the income taxes (and mandatory health insurance premiums) that they are supposed to, and I CHALLENGE anyone to show me how this will not substantially lower the tax and insurance burden on us all. I mean, you could probably balance the entire Federal budget just on proper taxation of restaurant owners and waiters.
The technology certainly exists to do this. A card for every legal American (oh, and I would grandfather in everyone who's already here, except criminals and people under age 65 who cannot speak English after a two year grace period...but that's another story), which will be security protected for each individual. ALL your transactions are on there....when it's time to file your tax return you just swipe your card and you know where you stand. When you get paid at work, your check is direct deposited. When you need "money" you can swipe your card at an "ATM" and get your dough on your card.
Oh, and don't tell me you don't want "big brother" watching you. I have no problem with Big Brother "watching" me.....as long as he is watching EVERYBODY. This is not about anybody watching anybody else. It's about making things FAIR. 'Cuz you know which part of our economy really needs Chapter 11'ing? All the stuff that's just plain not fair. All the things that really irk fair minded people from all perspectives. I don't like that my taxes are so high, and my crappy business owner health insurance is insanely expensive, but what irks me the most is that if everybody paid, these things would cost less.

My other idea is in the "foreign policy" area. I won't elaborate on it. I will just throw it out there for some thought. I personally think it would work, and would ultimately make the world a better place. Please think about.........





2. Israel as the 51st State.

Wednesday, November 12, 2008

The Essence of "HEALTH" Insurance

Yesterday I visited my cardiologist for a regularly scheduled exam. It was thankfully uneventful, and since I was her last patient of the day, I was comfortable making some political/medical chit-chat. This was prompted by our review of my ever changing meds, which change not because my health changes, but because my carrier regularly switches presciption plans in an ongoing effort to save (their) money (undoubtedly at the expense of MY health and convenience).

I asked her what direction she thought Obama and the Democrats would take health care. I must admit, I expected her to talk about the dangers of "socialized medicine", so before she answered I threw in a preliminary "what we have been doing is not working".

She said, "You know which health insurer I find the best to work with, as a doctor?"
I said, "No, which one?"
"Medicare", she replied.

"How could that be?"
She answered, "Basically, they have a fee schedule and it is what it is. When we submit a claim, it seems to me they process it and pay it, efficiently. They seem to have very little waste, and studies have shown this is true. They are not being run "for profit", so they don't nickel and dime the doctors, and force that game where you put in high claims knowing they are going to be knocked down. It also burns me up when I see a retired doctor sitting as chair of Aetna, making $12 million a year. There's something wrong with that."

Wow! I asked if she thought nationalized health service would work, and whether quality of care would suffer. She did not favor nationalizing it, but said she felt strongly that McCain's talk about "the private marketplace" were the wrong way to go.

After I left, I could not stop thinking about this.

What really bothers me is the feeling that health insurance has nothing to do with health. It's strictly business. http://www.youtube.com/watch?v=1lLaByD0LFY&feature=related Do you ever feel they would "err on the side of caution" and approve something? Without a fight?
Would premiums ever, EVER go down? Even if profits went up?
Have you ever looked at the game that goes on between doctors and insurers? The one where various bills are submitted for say.....$4300, and the doctors are paid $382.....when you know you had high level tests and were attended to by at least six highly trained, caring, competent health care professionals?
Should health insurance be adversarial? Damn, it always is.

I'm usually not big on conspiracy theories, but I sense that these problems do not only rest with the health insurers. Am I the only one who thinks there is something fundamentally wrong with our "pharmaceutical" system? Well, it has something in common with the insurance industry....a profit based system based on OUR health.

Gee, I feel like half a socialist having said that. Let me go one step further....Would anyone argue that food and nutrition have at least SOME effect on health? The disrespect of the nation's health by our food purveyors is another example of profit and health not mixing.

Uh - how about cigarettes? Yeah, that too....profit and health not mixing. BTW, many are aware (and many are not) that President-Elect Obama has struggled with cigarette addiction for many years. I'd love to see him kick it for good and take a real stand against the industry. It's hard to imagine he didn't smoke during the campaign http://www.youtube.com/watch?v=CwyrGwM4a7M

In one of the debates Obama spoke in some detail about healthcare, concluding with "prevention". http://www.youtube.com/watch?v=kKS-D5_v9A0 He is so right about this, but he will be fighting strong entrenched power. When the time comes, this issue can be taken in the right direction, and it will not come from the government, though they can lead, it will come from all of us.

Sunday, November 9, 2008

Top 10 Memorable Events....Where Will This Rank?

I was going to post a "post-election wrap-up", but so many smart people have already said and written so much, I'll keep mine brief. I especially enjoyed Frank Rich's column in The Sunday Times . http://www.nytimes.com/2008/11/09/opinion/09rich.html?_r=1&oref=slogin

I can't resist a few quick observations....

I thought the choice was a "no-brainer", and was horrified by the possibility of racial stupidity actually deciding it. Thankfully, we did a collective "Do The Right Thing". As an aside, if you have never seen "Do the Right Thing" http://www.imdb.com/title/tt0097216/ rent it!! It was groundbreaking because not only did it show white racism from a black perspective, it also courageously questioned many values in the black community.

Obama has incredible energy and stamina. Looks like he took a day off and is ready to get started.

I think Obama will bring in great people. Rahm Emanuel is just a start. If you don't know much about him, check this out http://en.wikipedia.org/wiki/Rahm_Emanuel

As an adjunct to dealing with the economy, I think immigration will be an early prominent issue. We're gonna need more taxpayers and more participants in universal health care!!

Look for "family values" to return to national discussion. When Obama talks about it, it will have an impact. One of the best things he said during the debates was that "Parents have to take responsibility for education and turn off the TV when necessary."



This election night strikes me as one of those all time "I remember where I was" moments. Will that last? Here's my list of top 10 memorable events (Personal events not included):

10. Mookie's gound ball going through Buckner's legs.
9. Iranian hostages freed.
8. The aftermath of Kent State....I was 13 years old and pretty "conservative". When I heard people justifying the shooting of college students, I changed my world view.
7. Watching the Watergate hearings drone on, when suddenly a Nixon aide said something about tape recordings, and thinking....WOW.
6. Space Shuttle Challenger disaster. A subway conductor announced it over the intercom.
5. John Lennon assassination.
4. Martin Luther King assassination.
3. Robert Kennedy assassination.
2. JFK assassination. I was in second grade. The teachers were crying.
1. 9/11

Obama's election may find a place on that list. How's your list? Will this election be on it?

Wednesday, October 15, 2008

Top 10 Reasons I'm Voting for Obama

I'm proud to say it is never an easy decision. I abhor labels, and while I am a registered Democrat, that is only so I can vote in our politico-machine controlled New York primaries. I am not a liberal or a conservative, I'd rather be a "thinker".

No political affiliation owns my patriotism. I assume that all people who have opinions and vote, are patriotic. I make my decision based on what I perceive as best for this country.

I try not to look back, but it's impossible to avoid. Looking back.....I thought Gore would have made a fine President, but the country wanted a change after Clinton, and Bush's handlers made that message work. I thought W proved himself inept in his first term, and although I voted for Kerry, clearly he was a flawed candidate.

History will not be kind to W. In my view he will go down as one of the worst Presidents ever.
On election day 2008, the country will collectively say "WHAT WERE WE THINKING????"

Which brings us to Obama v McCain......
During the Republican primaries, I wrote positively about McCain http://nylaw2law.blogspot.com/2008/01/reconsidering-mccain.html
I especially admired his efforts in sponsoring the compromise immigration bill, which his Republican mates destroyed, and then used to attack him in the primaries. He outsmarted them though, because not only was he right about immigration, he needed to distance himself from the knuckle walkers, and he did. He was smart enough to stake out the middle ground, figuring he would still hold the right. It was enough to beat Romney, Huckabee and Giuliani for the nomination. But it will not be enough to take the big one.

But I digress.....here are the Top 10 Reasons I am Voting for Obama:

10. He already defeated the strongest opponent.

9. I apply a "Law of Beholdency". I ask "Who will this candidate be beholden to?" If you ask this about W, you see a big part of the problem. I am sick of his beholdencies. Obama is not a typical African-American candidate because he is not beholden to that community. If he were, he would be un-electable. No, he has realized from the start that he did not have to espouse a "black agenda", he would have community support without doing that. Instead, he garnered support from a cross-section of Democrats, and his "beholdencies" are THERE, in a cross section of Americans. Kinda different, kinda nice.

8. He has inspired a lot of people to work for him, raised a ton of money from a huge number of contributors, and convinced people who the "experts" said could not be convinced. There is a perfect word to describe this.....LEADERSHIP.

7. He has already shown superb judgment under enormous pressure. The primaries and this election have been going on a long time. It has taken turns and thrown him curveballs. The "Pastor Wright scandal" would have stopped a lesser candidate. He has handled everything without a bobble. Strikes me as WAY harder than "being a Senator" or "governor of A-lass-ka".

6. McCain displayed an enormous, unforgiveable error in judgment in selecting Sarah Palin.

5. There is something to be said for a real "family man" in the White House. Obama seems like the real deal in that regard.

4. I give a lot of weight to who I want nominating the next few Supreme Court Justices. I want Obama's choices sitting there.....not the Neanderthals McCain has pandered to.

3. I know it may be a character flaw to "care what other people think", but frankly, I am embarrassed by what the rest of the world must think of us Americans, after electing W twice. It feels better thinking of how we'll appear as a country when we elect Obama.

2. Obama was president of the Harvard Law Review, and a constitutional law professor at University of Chicago Law School. There is no question he got these on merit. As a lawyer, lemme tell you what those two accomplishments say about him......He is REALLY, REALLY SMART. We need that.

1. I want a President who will be open minded, strong, and exercise good judgment. Someone who will seek out top advisors and be able not only to listen to them, but sometimes not listen to them. I want a President who will be decisive, but also flexible. Someone who will lead by example. Someone who has the energy and intelligence to lead our great Country. Barack Obama is that person.

GOD BLESS AMERICA

Thursday, October 9, 2008

Quick Funny Story (Police at My Door)

Wow - I haven't blogged in awhile. That's mostly from being very busy at work. It's also because SO much is happening in the world, and I want to comment on it, but I either don't feel up to the challenge, or new things happen and make my half-composed new posting seem dated. Trust me....I want to write about the financial crisis, the election, and the second annual demise of the Mets, and I will. So, to break the ice, a quick funny (true) story...



Last Thursday night (Friday morning) at 3:15 AM, I was awakened by loud knocking at my door. Actually, the knocking did not wake me, Dovie barking like a lunatic got me up, and then I heard the loud, continuous knocking. I should have realized WHO knocks like this, but I had to ask...."Who is it?" Of course, the answer was...

"POLICE!!"

My first thought was....."ditch the drugs", which only proves what I have said for years "If you woke me up suddenly and screamed in my face 'how old are you?', the answer would be '17'". I then realized that I would not need to ditch my blood pressure pills, so I said "Let me put some pants on.".....which is what people always say on "COPS".



When I opened the door there were two uniformed officers from our modern NYCPD, a chubby Jewish guy and an African-American woman. I would have preferred Officers Reed and Molloy http://www.youtube.com/watch?v=wrdbgYYBnvI .



I wanted to say something witty, but chickened out with "What's the problem officers?"

"We need you to move your car.", said Officer Chubby.

"I thought that spot was legal, but wouldn't a ticket have been sufficient?"

"No, no, there's a gas leak, and the fire department needs your car moved so they can check it out." said Officer Chubby's partner.

So, I took a one block ride in the back of the police car, and got to see their big computer screen with MY name and address on it. How cool is that?

When we arrived at my car there were three fire engines in the vicinity, with their lights flashing. There were 15 bored looking firemen sitting near my car. One of them said, "You have to move your car.", prompting me to say,

"Is it dangerous?"

The friendly fireman then said....."Yeah, it's about to blow, that's why we're all sitting here."

I think Officer Chubby's partner realized that although this was kinda funny, it wasn't very com-mu-ni-ty friendly, and that if I turned and walked home they'd have to arrest me (and do all kinds of paperwork), so she said,

"I'll move the car, give me the keys."

I let the firemen sit near the undangerous gas leak, and moved across the street so my car could be moved.

The Officers thanked me, and I then had to look for another parking spot. My car STUNK of gas. Question, if I had lit up a cigarette and exploded myself, would the City be liable?

Next post: Top 10 reasons I'm voting for Obama

Sunday, August 31, 2008

Law & Pizza (Part 3)

The Peruvians agreed to pay Mohammed $1000 per month for 5 years. Mohammed asked me if I would collect the payments, for which he offered to pay me $50 (cash!!) each time. I would go at lunch time so I could get a free “two slices and a coke”. At first, Marco had the cash waiting for me. As time went on, there were times they didn’t have all the money, and would get the rest out of the register. I always felt bad when that happened.

We would go in the back to count the money. One day as we were counting a mouse ran between our feet.

I said “Marco….a mouse!!!”
He said, “He's not my mouse, he comes from the supermarket next door.”

I skipped my slices that day.

After about two years of this, I got a call from Marco’s lawyer.

He said, “You and your client are going to be happy….Marco is selling the pizzeria and he will pay off his balance to Mohammed.”

“Cool, who’s buying it?”

“Afghans.”

“Dogs?!?!”

"No, two guys from Afghanistan. "

It was true. We had a closing. Marco sold to the Afghans, and Mohammed was paid. I was done with my All-America pizzeria. It had come full circle…..Albanian to Egyptian to Peruvian to Afghan.

Elias Sports Bureau advises it’s the only time in history THAT has ever happened.

Tuesday, July 29, 2008

Law and Pizza (Part 2)

I didn't know exactly what kind of papers I could make, but I had a sense all the players would play ball. The Albanian would play because he wanted to get paid, the landlord would play because he wanted to get paid, and the creditors would play because they wanted to get paid. I also figured the landlord and creditors would prefer happy Egyptian to shrugging Albanian.

I was mostly right. Mohammed arranged some "private financing". In the military they call this "don't ask, don't tell". He had enough money to do what the landlord wanted....pay five months back rent and accept an assignment of the old lease. I actually negotiated a five year extension for Mohammed, conditioned upon him paying the first years rent on time, which he actually did.

The creditors were a little harder. I told Mohammed to try to negotiate with them, but if any of them gave a big problem, to have them call me. One call went like this......

"Counselor, I understand you represent the Egyptian pizza guy on Jamaica Avenue. My name is Vincent. I represent the Scarola Flour Company."
"Oh, are you their attorney?"
"No, let's just say I take care of business for them."

Hmmmm.....Sometimes when your client has financial problems you help them prioritize their debts. Something told me Scarola Flour Company was a priority creditor. Mohammed agreed, and told me Vincent had assured him that if he paid what the Albanian owed ($1200), and if he made his future payments on time, Vincent would not visit him any more. Mohammed adjusted his budget and brought me $1200 for Vincent.
"Will you make a paper with him Mr. Barry?" he asked.
"I don't think Vincent goes for papers, and I don't think we need papers with him."
So, I took care of the business with Vincent, and papers were not needed.

We also got the Albanian to accept three years of notes on the amount he and Mohammed had originally discussed, with payments to start in six months. The Albanian had a lawyer who may have been Croatian. I couldn't tell, between his accent and his grunting. At least he could get the Albanian to talk. At the closing I asked them what language they spoke to each other. The Albanian shrugged, and the lawyer grunted. Mohammed then whispered to me...."Who the fuck cares."

Mohammed seemed to be doing OK as a pizza man. About two years later, he called and told me he was selling the pizzeria to "two Peruvian guys". He said, "This time I want you to make the papers from the beginning."

So, we set out to sell the pizzeria to the Peruvians.

Next.....Law & Pizza (Part 3)