Thursday, November 28, 2013

update: there has been aclass action lawsuit filed against 23andme, kind of piggybacking on the fda action. as a happy 23andme customer, I want to opt out and object,if I can find counsel. This blog by richard epstein
explains the basis for my objections. I read epstein's "takings", liked it, and once had the pleasure of riding in an elevator with him.
https://docs.google.com/file/d/0B0zYPQn3U6APbjhyMUxvN2ZtVEU/edit text of the suit

Ted Frank at http://en.wikipedia.org/wiki/Center_for_Class_Action_Fairness does objections to class actions, but his agenda is different than mine, so I need to keep googling to try to find somebody working on this stuff.
maybe the guy in michigan can't remember the name right now ran for governor, geoffrey fieger. http://www.fiegerlaw.com/home.php

Contact us:800.292.5865
Mark Ankcorn is the lawyer doing the suit. http://www.markankcorn.com/

"We'd love to hear your story, too, so please be in touch."

previous blog entry starts here:
The FDA has banned new sales by 23andme.com. Boingboing. Slashdot.
I got my dna read by 23andme a couple of years ago to find out which genetic marker my immigrant Stewart ancestor had. In the process I learned some useful things about my health as well as geneology. I am 2.4% neanderthal, and don't have the gene to be able to smell armpit sweat. These are not a big deal, but for some people the genetic data can be lifesaving, which is what 23andme was founded to do. The test was a gift to me from my brother, who is one of the other two people who have that Stewart direct male line.

The FDA kills on average 100,000 people a year in the United States by delaying medical innovation.
When these new drugs are kept off the US market for years, this also slows down their getting to other countries, so the death toll is far in excess of 100,000. Meanwhile that's more domestic deaths than from guns and car crashes. On the other hand dozens of lives are saved because occasionally the regulatory delays slow down or stop a product with unexpected dangers.

I work in the field of drug testing. I'm a lab rat,a human guinea pig. After new drugs pass animal tests, they are tested on people like me who get paid to participate in phase I clinical trials, before going on to be used with actual patients. Our job is 10% science, 90% just jumping through regulatory hoops.
It is both expensive and slow, and so for rare diseases which do not have a large enough market to justify the expense of the regulatory burden, research grinds to a halt.

I don't know if anyone is doing a letter-writing campaign or some other form of activism on behalf of 23andme and the other companies in this area. The company cannot do so itself because of the risk of further regulatory retaliation.

   This action by the FDA slows down progress towards the $1000 genome. By late 2013, we were supposed to be there. I want to be able to have my full genome read so that the drug testing I do for a living can produce better science, but the current costs are prohibitive for me.$1000 is a price point at which these tests would gain a wide enough market to bring on further economies of scale, but if the FDA is going to go around banning the sales of such products, this takes away much of the incentive to make the investments to get us there. The under $1000 genome would enable more genetic research into crops needed by third world countries to prolong the green revolution and help feed 7 billion people. It also allows for people with cancer to get their tumour's DNA read, which sometimes gives clues for treatment.Low cost DNA sequencing is also important to ecological preservation. These are the kind of things the FDA is intent on stopping.

Wednesday, November 27, 2013

http://www.classactionrebates.com/ i didn't find much, $10 for naked juice that i won't bother with.

a male chef thanksgiving

Tuesday, November 26, 2013

baudewatch department:
wm baude has coauthored an amicus to scotus about recess appointments.
impressive cosigners. high profile case, noel canning. brief may end up get cited in the opinion.
i have predicted that baude, now a fullfledged member of the conspiracy, as well as scotusblog commentator, may be destined for great things.
i recently wrote, at my other blog, that the volokh conspiracy, especially randy barnett,
is a leader in the constitution in exile movement which offers a new paradigm for law in the kuhnsian sense, responding to mark rush on the election law list.
baude's post is now linked at instapundit.
here is the next installment.
http://www.volokh.com/2013/11/27/constitutional-law-scholars-noel-canning-amicus-part-original-meaning-happen/  it depends what 'happen' is.

a modest proposal for prison reform:

here, sasha volokh writes about private prisons. http://www.volokh.com/2013/11/26/philosophical-objections-prison-privatization/

anyway, here's my idea: a voucher system for private prisons.
schools are basically prisons, and many, most, libertarians support school vouchers, the way liberals support voucher programs like food stamps and the g i bill.
so let businesses compete for the prisoner market, and let prisoners choose. this could result in cost savings,
improved rehabilitation, lessening of prisoner abuses, and other positive benefits. there may be prior art.
there may be downsides and unintended consequences. i'm just putting the idea out there.

it's drunk out tonight. i had a bad day at court this morning so i'm unwinding with a cheap bottle of muscato.
i don't know what that is, but it's a sweetish white wine, Australian, with a cork, from walmart.
edit: muscoto, of course, is a wine made from the muscat grape, the oldest domesticated grape. see muscateer, muscovy duck.
 edit: it turns out sasha had a 2011 law review article on this topic. i have no conscious memory of having read about it at the time, but i might have.

Sunday, November 24, 2013



[–]tomparker   ago
Why isn't the opposite of prostitution constitution?

Tuesday, November 19, 2013

we had a little wind sunday. not as much as this guy: wind lifted roof, now his window shade is stuck to the ceiling. the old irvington post office fell down, and i noticed tonight a small tree next door snapped off at the trunk.

edit: http://www.youtube.com/watch?v=imtdgdGOB6Q the wind rises, Hayao Miyazaki

Sunday, November 17, 2013

Buddha fruit, aka lohan guo fruit aka Siraitia grosvenorii. i bought some just because i'd never seen it before. it's not great, at least dried, but my goal is to be able to list 100 fruits.

update: i was at a store recently, i think in wisconsin, and they had buddha's hand and i was going to buy one but the price wasn't marked an the cashier couldn't find it so i said never mind.

Saturday, November 16, 2013

what i'm reading:
31. The tomato in America.
29, 30. Leaders by Richard Nixon. After leaving office, he wrote a few books, not just memoirs but actual history. Not far enough into it yet but looks good. got it at a local antique shop along with Wollcott's second reader and a book about perrienials. Wolcott was part of the New Yorker set so it Dorothy Parker and Hemmingway and such.

28. autobio of bertrand russell volume 2. very readable. it starts out in wwI england and he's the only pacifist almost. knows everybody. book is padded outwith a bunch of letters Imostly didn't read, soit's short.
27. i.f. stone's the trial of socrates. stone was a respected rabble rousing jounalist. i mix him up with paul krasner. on retirement he wrote this book giving background on socrates and the context of athens. good so far.
26. anonymous rex, a harbboiled detective story about lizard people among us. somthing light to read on the bus. first novel by eric garcia.

my computer is boken, it takes 8 tries to get online. and my backup chromebook seems to have gotten stolen. so i may be offline for a bit while this one isat the shop, or maybe i'll run out to fry's for another.

Thursday, November 14, 2013


take me home tonight full movie on youtube topher grace.

Wednesday, November 13, 2013

The governor is signing the bill now. Hawaii has come full circle since the 1990s when the possibility of marriage for same-sex couples led to the passage of the Defense of Marriage Act.  Hawaii makes 16 states recognizing same-sex marriages.

Khayembii 2871 points  agox3
  1. Exercise.
  2. Save money.
  3. Plan for your future. Invest in it.
  4. Wrap your tool.
  5. Tell everyone how you feel about them because in your future they will all be dead.
  6. Relax.
  7. Be positive. Choose to be happy.
  8. Surround yourself with positive, caring people that are better than you.
  9. Practice forgiveness and understanding.
  10. Set goals and put your entire being towards them, whatever they may be.
  11. Give everything you do in life 100%, regardless of how you feel about it. Success is a choice you make every day; it is not dependent upon results.
  12. You're not always right. Always assume you could be wrong. If you are, forgive yourself and move on. Don't dwell. Be thankful to those who corrected you. Ego and pride are roadblocks, surpass them.
  13. Your entire life is defined more by what you give to others than what you have or receive, whether you want to admit it or not. Every day practice a habit of giving, even if it's something small like a compliment. You always have something to offer others, even if you don't have time or money.
  14. Remember that you, just like everyone else, have the power to change the world profoundly. You matter. You only have one life. Make it count.
15: Pay it forward!

Monday, November 11, 2013

i'm just posting these here because i need to host the picture somewhere for reddit/r/whatsthisworth
edit: most likely the 1875 on the back is justa model number and not a date, so these are worthless except for eating from.

[–]Dan_Ashcroft 6 points  ago
Have you ever been snipe hunting?
[–]johnratzenberger[S] 22 points  ago
No but I have a board stretcher and a bucket of steam at home.

bike mounted laser, seaboard piano-like instrument,origami kayak.
water recycling shower

Sunday, November 10, 2013


I don't yet have this book. Liked the movie, liked another of his books I read. oh, this excerpt was much too short.


Hawaii's Story by Hawaii's Queen by Liliuokalani, Queen of Hawaii (1838-1917)

Wednesday, November 06, 2013


arthur clarke's house, untouched since his death,a small bribe gets you a tour.

Friday, November 01, 2013

Baudewatch: will baude will be an assistant professor at uchicago next year. dedicated baudewatchers may recall that this was not only his undergrad school, as a protege of jacob levy, but that he seriously considered going there instead of yale for law school. At uchicago, he can be groomed to take over the chicago boys and or the 7th circuit when Posner retires.  He'd probably be appointed to the evansville in district first for a year or two. I actually don't know if he has a partisan preference, but he's a more likely pick for a gop president or governor, having clerked for Roberts.

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