Remembering in 2025

The origin of Memorial Day is too often lost in our history. See Memorializing (June 2024); Memorial Day (May 2023); A Day to Reflect (May 2022); Happy Memorial Day (April 2022); Remembrance (September 2021). I have gratefully noted my recognition and appreciation for the many who have served, and more importantly, those who made the ultimate sacrifice. 

Veteran's Day is for all who served, but as we pause each May, there is room for the way-too-many who have passed. 

But, for many, this Monday is merely the start of summer, a barbecue, or perhaps an opportunity to reconnect with friends and family. Too often, the point and purpose are lost on the many and recognized by only the few.

I happened to be traversing France last week and found myself a few miles from one of the important sites where American lives were lost in battle. It is a site I find compelling. 

As noted in the posts above, and as supported by Statista, the greatest loss of Americans in battle occurred in the Civil War (620,000), an odd label incorrectly suggesting some degree of courtesy and civility that is anathema to war. It was a bitter conflict that left many lasting wounds. Much has been done to soil those who served and to minimize the import of their historical contributions to what we are today. 

But my presence in France reminded me of the second-largest loss of American lives in war, World War II. Statista says that 405,399 Americans fell in that conflict, half a world away. Many in Europe (250,000), but a significant number in the Pacific theater (160,000) as well. 

It is worth remembering that the "world" was indeed in conflict in the 1940s and that threats were both significant and diverse. It is also significant to remember that so many who died were not Americans. The National World War II Museum estimates 15,000,000 battle deaths in that conflict and 45,000,000 civilians. The loss was simply indescribable. 

With an unplanned deviation from the itinerary last week, I found myself once again on two hallowed grounds that persistently draw and impact me, Omaha Beach and Pointe du Hoc. They are not the tourist destinations one expects. Certainly, they are featured in Hollywood efforts.

Pointe du Hoc and Omaha Beach are noted in The Longest Day (20th Century-Fox, 1962), Saving Private Ryan (Dreamworks, 1998), and so many more. It was an honor and privilege to find myself in the two spots again in 2026 on the eve of Memorial Day. It caused me to reflect on the character and courage of the many men who landed there 82 years ago. I suspected that there will be some recognition there in a few days; the anniversary is June 6.

Nonetheless, there were few visitors on May 20, 2026. At the main memorial on Omaha Beach at midday, I saw only a couple. They wandered, paused periodically, and a few even climbed the stairs to read the engraved thoughts and remembrances.

Down the beach a mile or so is a sculpture in the sand, more often than not it is in the surf itself. The sculpture is combined with a large stone monument on higher ground. The parking is easy, and the crowds there were somewhat more significant. 

As I observed in that setting, a large tour bus arrived and disgorged about 50 teenagers. I had seen them before, earlier, at Pointe du Hoc. They paused at Omaha for lunch as I moved down the seawall, back towards the memorial pictured above. It is worthwhile that young people are visiting and learning of the sacrifices made on their behalf on this compelling stretch of real estate. 

The same busload of rambunctious and excited adolescents had been storming Pointe Du Hoc an hour earlier as I returned there. Pointe Du Hoc is the most compelling WWII battle site I have ever visited. That is meaningful because I have been to many, including the celebrated and vaunted Bastogne (Battle of the Bulge, see Band of Brothers, Dreamworks, 2001). Yes, there was bravery and daring in many places. Nonetheless, Pointe du Hoc draws and embraces me. 

The German army was perched atop this cliff in reinforced concrete bunkers of amazing size and strength. The defenses exist to this day and are available for tourist visitation. They are surrounded by craters likely made by artillery assaults and perhaps aerial bombardment. The Germans were entrenched here and likely felt impregnable. 

About 200 Germans defended on D-Day. About 225 U.S. Army Rangers made the assault. The event was cataclysmic, as were so many others. But the U.S. forces broke the defenses. It was not Iwo Jima, it was not the liberation of death camps. It was neither the beginning or the end of WWII, but D-Day was undoubtedly the beginning of the end for the German Socialists. 

I was surprised last week to find the German flag flying alongside the various others, American, French, British, and Canadian last week. There is recognition of the fallen. Even the brutal invaders whose lust for power and resources instigated and fed the years-long world conflict. I am not sure I would raise the German flag in such circumstances, but its presence made me think. 

Why Pointe Du Hoc? A valid inquiry. Omaha Beach was an incredibly intense assault. There are doubts about the accuracy of the exact death and destruction there, but hundreds were lost, and thousands were injured. In all, 34,000 came ashore on Omaha Beach. 

I have seen the beach twice. In 2026, the sea lapped the wall and the memorial sculpture. The sand extended only a few feet. Landing would have been near impossible under such conditions. But General Eisenhower and his planners picked a date and time when the tides favored their plan. I have seen the beach at Omaha when the sand extended hundreds of feet from the shore. The difference in my two experiences is significant; each visit brought me perspective and appreciation.

Despite the busload of teenagers, the interest in these sites is not significant. The many who landed here are largely forgotten. Those who died here are ghosts of a past remembered by too few. The history must be remembered, but those who keep it do so second-hand or worse. Those who lived it, saw it, and preserved it have largely passed on. 

I strive to see them, to study their deeds, and to appreciate their contributions. The Greatest Generation saved the world. What we do with the fruits of their sacrifice is on us. If you get to the area, even as close as Paris, the trip to these sights is worth the investment. If you don't, a few minutes of your holiday weekend spent thinking of the many who fought, suffered, and died for your freedoms is as worthy an investment. 

AI to defend AI

In July 2025, the U.S. District Court in Southern Florida issued an intriguing opinion in ByoPlanet Int'l, LLC v. Johansson, 792 F. Supp. 3d 1341, 1351 (S.D. Fla. 2025)(July 17, 2025).

Judge David S. Leibowitz leads with a critical and imperative quote:

"The integrity of judicial proceedings depends upon the ethical obligations of candor and honesty being strictly observed by all parties.' Liteky v. United States, 510 U.S. 540 [114 S.Ct. 1147, 127 L.Ed.2d 474] (1994) (Scalia, J., concurring)."

There is a certain imprimatur for many that comes with a reference to Justice Scalia. Judge Leibowitz is quick to correct the record, however, with "the statement is absolutely correct," and it did not come from Justice Scalia. As did Westlaw, I leave the false citation in original form here. 

Nonetheless, he notes that ChatGPT, "with the slick, cool authority of instantly-generated pixels on a screen, declares otherwise." He proceeds to expound on the existential threat that artificial intelligence currently "poses to the practice of law and the integrity of judicial proceedings."

The opinion is tongue-in-cheek, drawing us back to the legal drafting process "when dinosaurs roamed the earth." Judge Liebowitz notes ancient tools like books, "Shepard's Citations," and the ancient advent of "online legal sources, such as Westlaw and LexisNexis."

Judge Liebowitz addresses the progress of technology, and notes "the euphemism-du-jour" of hallucination. He notes that this causes harm to opposing parties and courts through misrepresentations. The corollary point is more compelling—citing trash takes up space in a complaint or memo that could be filled with compelling and real precedent.

The duty of "trust but verify" is stated succinctly and without apology:

"a lawyer who wishes to use AI ethically must ensure that the legal propositions and authority generated are trustworthy. The lawyer has a duty to check all the cases and quotations for accuracy. Anything less is to abdicate one's duty, waste legal resources, and lower the public's respect for the legal profession and judicial proceedings."

Could that be any plainer? I am doubtful it could be said with any more alacrity or clarity.

There is a detailed exposition of the citation of lies and deceit. Judge Liebowitz laid this out carefully and concluded

"From this moment on (a particular date in that litigation), there can be no reasonable doubt that Paul was on notice that his use of AI was leading to hallucinated cases and quotations."

The plaintiff, Paul, sought to nonetheless defend his mistakes, misstatements, and deption on the court. He filed a response to the resulting motion to dismiss, citing (wait for it) hallucinated authority and a real case that nonetheless does not contain the language Paul cited. 

Mr. Paul, responding to allegations of misstatement and misrepresentation, used AI to generate more trash to defend the previous trash. I am drawn inexorably to Shoe, a comic strip popular back in the era of dinosaurs, to which Judge Liebowitz alluded. Shoe once noted the challenge with fixing shortcomings. 

Judge Liebowitz noted that during the same time, Paul cited hallucinations in a Fourth District Court proceeding in a state court appeal, and in a related proceding in Circuit Court. Eventually, Judge Liebowitz "entered an Order to Show Cause requiring Paul to state whether he intentionally made misrepresentations to the Court."

In response, Paul cited "fabricated quotations to two real cases" (trash to defend trash). Called before the bar to answer, Paul essentially blamed his paralegal. Much as federal judges have blamed their staff for similar embarrassment. See Just Delete it (October 2025). Paul insisted he meant no harm and that he did not intend to be so inelegant or incompetent.

Judge Liebowitz concluded instead that Paul's performance was

"repeated, abusive, bad-faith conduct that cannot be recognized as legitimate legal practice and must be deterred. After a discussion of various sanction alternatives, he concluded "Paul did not act as a reasonable attorney—not even close."

The judge dismissed Paul's four cases without prejudice. He ordered James Martin Paul to pay attorney fees for the time spent responding to the hallucinations. He ordered Paul to attach a copy of that order to any case he filed in the Southern District of Florida for the next two years. And, finally, he referred James Martin Paul to The Florida Bar.

Mr. Paul remains a "member in good standing" of The Florida Bar.

April 5, 2026

Is Age a State of Mind:?

In my book, Floridiana and the Workers' Compensation Adjudicators, I strive to trace the history of this odd peninsula, beginning at the end of the last ice age. With that perspective, one of the foci is when the humans arrived, and there is debate as to "from where?"

There is a great deal of emphasis placed on a Chilean settlement, Monte Verde. Years ago, the scientists' consensus was that there are " echoes of human presence dating back to around 14,500 years ago." The remains of that site have been excavated, and various sediments and artifacts have been used to establish that time frame. Scientists have essentially adopted that 14,500 as the best evidence we have.

The science is extraordinary and impressive. It is reproducible and demonstrable. The 14,500 has been cited for years as the "strongest evidence."

And yet. ,,..

Science is not static.

There are more recent investigations of this site, "suggesting Monte Verde might be much younger." The more recent testing involved sediment tests that suggest the landscape in that area went through many changes. As a result, some portion of the scientific community is "reinterpret(ing) the geology of the site."

The effort is to reconcile inconsistencies. The experts hypothesize that the erosion may have "mixed old layers with new," causing erroneous inclusion of some material in the Monte Verde inventory that was tested. The debate is not about the age of those materials but about the validity of their inclusion in the sample.

This is not exactly "the world is flat" criticism, but is nonetheless significant. The scientists involved in the "original excavations" take issue with this new study and hypothesis. Other critics explain, essentially, that the new interpretation provides "a working hypothesis that is not supported by the data presented."

This has little to do with workers' compensation. And yet, ...

Workers' compensation is about medicine, and that is about science. What we persistently see is that science changes. There are hypotheses, articles, and conclusions. The smart folks reach a consensus. See Relatively Speaking (March 2026). And then we legal types follow along the best we can as opinion and consensus persist.

There are then further opportunities for testing the conclusions. There is evolution in our ability and perspective. Over time, the consensus can change. The new testing, processes, and analysis can suggest new outcomes. Even so, those new perspectives may be as doubtful as the original. Science and opinion are neither perfect or imutable.

The real point of all of this discussion of Monte Verde is that science can go only so far in terms of definitive results. Therefore, we rely on the opinions of experts to interpret both results and causes. We rely on those and their explained processes until someone else provides a better explanation or perspective.

The conversation never necessarily ends. Some hypotheses may be proven beyond doubt (the Earth is, in fact, not flat). Others may linger in the opinion realm for decades.

Socialized Medicine in the News

One of the great hooks of modern music is Comin around again (Carly Simon, Arista, 1986). She celebrates both change and the fact that we seemingly have recurrence in our lives.

"I know nothing stays the same

But if you're willing to play the game

It's coming around again"

That hook, "It's coming around again," is infectious and compelling. The fact is that many life issues simply keep coming up; day after day, week after week, year after year. One of my favorites is the joy of single payer medicine. Oh, if only we could nationalize health care, all of our woes would be forever over.

See, e.g., Single Payer Questions (May 2016), Single-Payer Lessons from Vermont (July 2016); Single Payer, Outliers, and Conclusions (January 2018), Confusion and Disconnects in Medicine (July 2018), Medical Charges and Challenges (June 2019), Single Payer Redux (January 2022); In the end, Someone has to Pay (May 2016). Despite the assurances of Dire Straits, there simply is no "money for nothing" (AIR, 1985).

The idea of socialized medicine and single-payer struck me again with a recent headline from the Independent.

‘My husband spent two days on a trolley in overrun A&E – weeks later he died from a deadly brain infection’

The first thought, that he was on holiday, was erroneous. No, he did not spend two days riding about on a decorated bus.

In the British medical model, a socialistic single-payer model, the "A&E is Accident and Emergency. The "trolley" is more like a gurney, and the two days spent lying on one is unconscionable regardless of what medical payment model your jurisdiction has adopted.

The patient in this instance was "rushed through triage" and parked in a corridor. He was not provided "a vital MRI scan because it was the weekend." He was soon after diagnosed with encephalitis, and "by then, the damage had been done." The poor bloke died from the brain swelling they could not diagnose.

This example led the Independent to look at data from the socialized National Health Service. It concluded that "13% waited 12 hours to be seen, treated, or discharged" when they visited in January 2026.

Is the American waiting room better? More than likely, though, there are those moments when delay rules the day. I sat in an emergency room for four hours one night and eventually elected to defer. I returned the next morning, and the time invested from start to finish was two hours.

Part of that problem is demand. There is little service in the space between real emergency and routine care. See Shifting Medical Preferences (May 2019), Transparency for Efficacy (June 2019).

Part of the problem may be supply. See Physician Shortage July 2025), Simple Math is The Point (April 2025), Bid Day 2025 (April 2025).

Nonetheless, the simple point is that socialized medicine does not appear any more capable of dealing with the delays and denials. In fact, the much touted Canadian social medicine system has been shown to result in medication introduction "waits significantly longer than Americans and Europeans."

Worse, a Canadian seeking treatment wait following a general practitioner referral was 28.6 weeks in 2025. That is "a 195% increase" over the last 33 years. There are "bottlenecks for specialists, diagnostics, and surgeries."

Fox recently reported on a woman in Canada whose visit to an emergency room resulted in a two-hour wait in triage, followed by "another 10 to 12 hours before she was seen." That woman reportedly witnessed another "with a head wound, bleeding profusely ... (who) had to wait two hours before she was seen." 

None of this means that either system is necessarily superior per se. Nonetheless, it suggests that all systems might improve. But as you lay on the "trolley" in the hallway waiting for a diagnostic test, there is merit in being able to obtain care and treatment. 

The Canadian woman bemoaned the universal Canadian healthcare saying, "I would rather pay for my healthcare at this point and get treated fairly.  

"It's coming around again."

Tech Frustration and Outburst

Harris County, Texas, surrounds Houston. It is one of the largest cities in the United States, usually about fourth on the list after New York, Los Angeles, and Chicago. I have been to each, and the eating in Houston is superior by at least an order of magnitude. But I digress.

A judge in Harris County drew some attention in April 2025 when confronted by technology. Who has not had such a tech challenge? Years ago, comedian W.C. Fields warned that you should "never work with children or animals." It is good advice; they can be unpredictable and unmanageable. Tech is frustrating, and more so for us older Americans. 

I have taken to likening the same to technology, by addition, "Never work with children, animals, or technology." If given the choice, pick the animals or children over the tech. I cannot count the times PowerPoint, Windows, projectors, and more have left me in a panic on stage.

But the fact is that "all mechanical things eventually fail." Who knows who said that, but I can testify to its accuracy.

The judge in Harris County, Nathan Milliron, was caught on video in April. It is not flattering. I have repeatedly cautioned that cameras are everywhere. Assume Everyone is Watching (September 2015). Cameras are ubiquitous, generally. Everyone knows they are in courtrooms. Even Judges know that.

This video went viral, or approached it. KPRC Houston says it depicts a "tense exchange" between the judge and a young "IT worker helping with courtroom ... technical issues." 

The tech specialist is "guiding the judge through adjustments" and "makes a light remark." Perhaps trying to lighten the mood, or to ease his own discomfort at the situation.

The judge "responds sharply, telling him not to joke and ultimately ordering him to leave the courtroom." The judge then proceeds to call "for the worker’s supervisor and express() anger over the situation."

The story reflects that there has been "concern within the legal community," but does not cite particular sources or other incidents. One local attorney felt compelled to contact the judge about the depiction. The attorney suggested:

“I hope you issued him an apology for the way you treated him. I hope you were just having a bad day and this is not your typical judicial temperament.”

That is excellent advice. Find me a judge who has never lost their temper, spoken intemperately, or lost their cool. If there are any, I do not believe they are common. Judges are not perfect; they are human. Expectations can be high, pressures mount, and lapses will happen. When they do, acknowledgement and apology can go a long way to recover the appropriate judicial demeanor and environment.

The judge's response in this setting was to summon the attorney to chambers. The judge apparently accused the communication above of being "ex parte," meaning it was made without the inclusion of other parties or attorneys. But the attorney who sent the message says he has no cases before Judge Milliron, and "does not plan to comply with (the) order" to appear before the judge.

Perhaps the order to appear, the "summons," was appropriate? Or, perhaps some will see that reaction as a continuation of the ill temper that began the situation on video? The summons date and time came and went without further mention or judicial action, as the media watched. The coverage was not overtly flattering. Social media response has been similar. 

The controversy has led to further inquiries from the media. There is mention of prior interactions between the judge and staff and a discussion of the state's Commission on Judicial Conduct. It is unfortunate that the interactions occurred. We must strive to control our temper. 

More importantly, when one loses their temper, the best course forward is admission, contrition, and apology. Everyone has bad days. Know that. Know you will not always meet the stress and pressure with aplomb; apologize and move on. See Don't Double Down (June 2017). 

Oradour-sur-Glane

This is a name I had never heard. A small town in the south of France. It is not easily accessible, a bit off the beaten path. I am a long-time student of history, and yet I persistently find myself learning new things. Studying history is frankly similar to studying the law. 

Years ago, I saw a poignant story of an 80th anniversary. No, not of the vaunted and celebrated landings at Normandy. Those were June 6, 1944. I previously worked through some news from the D-Day celebration. See Memorializing (June 2024). Sure, such historical discussions are a departure from the core of workers' compensation. And yet, it is about law and order and our basic humanity. 

D-Day was a shock to the National Socialists and their global plans. As unfortunate as it is, such world domination efforts have persisted throughout history. There have been imperialists, monarchists, communists, and even democracies that have perpetrated conquest and delivered human suffering. The world will always face the potential of the next violent threat. There are limited resources, and man will persistently fight to control them. 

The shock at Normandy caused the National Socialists to draw troops toward the Allied forces. On June 10, 1944, the "2nd SS Panzer Division Das Reich" rolled into Oradour-sur-Glane, a small rural village north of Bordeaux. The National World War II Museum does a fine job of telling its story. The Division was battle-hardened in the east, against the Communists. It was ordered to "support German forces fighting in northern France." Its secondary mission was to "intimidate" the French and "reassert German control."

On June 10, the Division surrounded this little village with "somewhere between 120 and 200 soldiers." They strove to gather the inhabitants to the town center, even from farm fields in the area. The people were segregated, and "197 men were ... forced into six separate barns" and then machine-gunned down. "240 women and 205 children... were forced into the village church," into which grenades were thrown before the building was set afire. 

Essentially, the town was massacred. "Only seven people survived." A senseless and brutal massacre. Efforts to explain the actions of the German Division and its leaders have frustrated historians. Some conclude that there was no reason, but simply, Oradour was just "an unfortunate stop the Division made on the way to Normandy." 

Is Oradour special? Unique? Some would say no. There were a great many villages and municipalities destroyed by the National Socialists and the Allied response. But Oradour remains today to be viewed. Purportedly on the orders of Charles de Gaulle, the site has been "preserved, and the remains were to become a national memorial." A new village was built nearby, but the original Oradour remains today in much the same condition that it was left by the Socialists in June 1944. It is said to be "a village frozen in time." 

On May 12, 2026, I stood in that town. I experienced their memory. I reflected on the violence of the Socialists. We pause periodically in remembrance. We are reminded of the adages like "war is hell," Sherman, 1879, and "those who cannot remember the past are condemned to repeat it," George Santayana. 

Drive Carefully

There is an element of society that engages in not-so-appropriate activity. In that, there is too often some human tendency to believe "it cannot happen to me" or "cannot happen here." This is an optimism bias or predisposition. See Langham, Unseen Influence: Unconscious Predisposition in Dispute Resolution (2025). We all suffer from predispositions. 

That said, it can happen to any of us. That "it" is almost anything. There is deception, aggression, and worse in this world. These thoughts returned when the Associated Press (AP) ran a story some years ago about a "federal judge robbed at gunpoint at home." The idea of violence in the world is a bit easier to disregard than such a threat at home.

The experience could not have been anything but terrifying. Late one Friday night, three miscreants are alleged to have "kicked in the basement door" and started "removing items from the house." At that point, it was a simple burglary. The judge's husband then confronted the alleged miscreants, and the situation deteriorated.

They were both "held at gunpoint while they were robbed" of valuables. One was "pushed down" some stairs, resulting in injury. There was then an attempt to steal their automobile, but that ended with the miscreants spooked and fleeing the scene. The burgled/robbed couple called the police.

The AP noted somewhat stoically that "the couple is uneasy about what happened." Police noted that such an experience is "a little unnerving." And they say the art of understatement is a lost skill.

Coincidentally, on this occasion, "police in (a) neighboring" town happened to make a traffic stop when a car failed to stop at a stop sign. The officer(s) there suspected the vehicle occupants of being involved in the robbery, and a search revealed some of the stolen items in the car.

Soon thereafter, two of the three pled guilty to a string of charges, related by WLWT5. That coverage provides more detail of the miscreants following the two victims' home based on their "luxury car," and witnessing them entering their "27,000-square-foot home."

The two were sentenced to minimums of 18 and 20 years in prison. Mr. Kinney was 21 at the time and will therefore be 39 when released in 2033. Mr. Jackson, who did the pushing down the stairs, was also 21 and will be 42 when he is released in 2036. A third also pled guilty and was similarly sentenced according to WLWT5.

One wonders, perhaps, whether the three would ever have been caught if their driver had not run the stop sign.

The folks at Pew note that many crimes are never reported:

"Only about half of the violent crimes and a third of the property crimes that occur in the United States each year are reported to police."

Only a fraction of the reported crimes are "cleared":

"46% of the violent crimes and 19% of the property crimes reported to police in the U.S. were cleared."

These statistics are independently concerning. But consider that if only half the violent crimes are reported, and less than half of those are "cleared," that means about 25% of all violent crimes are "cleared."

If only a third of property crime is reported, and 19% of those are cleared, that means that 6% of all property crimes are "cleared."

Additionally, our police make about 13 million traffic stops annually, "5.2% of the driving population" (not counting accidents). There is always the chance that such a stop has broader implications, but most are primarily revenue-generating driver fines. There is, seemingly, more interest in traffic enforcement than in property crime. 

According to the Prison Policy Initiative, we have "nearly two million people behind bars" in the U.S. We spend $445 billion annually to house them. While those are significant figures, worthy of thought, the vast majority of the actual crime is apparently never cleared. 

The contradiction is curious. To quote the eloquent police officer above, it is all "a little unnerving."

Extraneous and Inappropriate

A judge in Florida's Ninth Circuit is facing discipline for comments from the bench. The story has been run by The Independent, The Tampa Times, and an Orlando television station. Though the complained-of comments date to an April 2025 jury selection and a July 2025 plea hearing.

The recent news coverage was apparently stimulated by the publication of a report of the Florida Judicial Qualifications Commission. It made for interesting reading on the various platforms.

The public comments were a broad spectrum of thoughtful reactions, agricultural advice, and borderline vulgarity. I am persistently astounded by commenters who publish insulting remarks about stories and each other.

In fairness, the complaint against the judge centered primarily on the comments in the July plea hearing. The April 2025 jury selection infraction was a simpler, and perhaps frustrated or excited, utterance—"shut up."

This is not to excuse that incident. Telling people to "shut up" is perhaps an Americanism that has become too familiar to shock or surprise. In any event, it is less offensive than threatening to have the lawyers shot, even in jest. See Shoot the Lawyers (November 2025).

The July 2025 plea hearing is the more noteworthy statement, which is driving the attention and the judicial complaint. There, "a 33-year-old Black female defendant" was to be sentenced, and her black great uncle was also present.

The judge inquired of the great uncle whether he owned land, "where I could have her work it for 30 hours," as part of a sentence. The judge expressed his own familial agricultural experiences and then inquired, "You ever chopped cotton before?" HE then explained how that phrase describes weeding.

The umbrage at the comment is crystaline in retrospect. Nonetheless, the judge has noted that he simply

"failed to consider how his comments could be interpreted in light of the historically demeaning stereotype associating Black people with picking cotton."

The judge further explained that he had "spent summers as a youth working ... farm fields in Texas," and that recollection may have contributed to his comment. From the perspective of a long-time Florida driver, I cannot ever recall seeing a cotton field here, except in the panhandle.

Nonetheless, there is undoubtedly agriculture in central Florida. Anyone who has never engaged in agriculture should never doubt that the work on a farm is intense, hard, and persistent. There are many farm tasks that I would certainly see as punishment.

But the real point is not whether this or that punishment is appropriate. The point is in two parts:

1. There is some chance the judge intended the comment as light-hearted; the uncle reportedly laughed. But there is no room in judicial proceedings for humor, and increasingly no room in society. See My Way (December 2025).
2. Intent is not ever the point. Comments are interpreted by the listener, not the speaker.

Judges should focus on this and simply avoid humor attempts in proceedings. See Humor and Failure (August 2022); Laugh and the World Laughs With You (August 2019); Science or Art (November 2023); My Way (December 2025); Night Court (May 2025); Funny or Offensive (October 2022).

In Funny or Offensive (October 2022), I explore when it is seemingly acceptable for a judge to tell untoward jokes. The answer is never. And yet it is periodically experienced. Sure, one might say "she got away with it," or "it was not as bad as ________." That never worked in grade school. 

Those deflections may make the speaker feel better, but they will not change the fact that someone perceived the comments as offensive. Judges should simply stick to the business at hand. 

Of course, accept that people in legal proceedings are uncomfortable. Nonetheless, ease that with compassion, persistence, and patience. 

Leave the humor to the comedians, the public forums, and the non-judicial. No hearing is the place; the judge is not the humorist. The reception may be an illusory acceptance or a laugh, but the real result is unlikely to be reflected in the audience faced with judicial attempts at humor.

 

Assisted Suicide News

The subjects of euthanasia continue to make news. The topic is not new, but is gaining recognition. See Evolving Morality (July 2025) and Who Should Live? (January 2023). The Evolving highlights how legislators around the globe are pondering self-harm. At the outset, there is ample opportunity for self-harm in the world.

Recently, the story of Noelia Castillo, a 25-year-old, brought the realities of Spanish euthanasia to the fore. ABC7 explained an extended and involved process through which Ms. Castillo travelled to her ultimate demise. The reports suggest that the story made bigger headlines in Europe, with the BBC also picking up the story. Britain's euthanasia debate is central to Evolving Morality. That the BBC has had some credibility issues is acknowledged.

Ms. Castillo's life is difficult for most to understand. Her experiences are profound and troubling. She "struggled with psychiatric illness since she was a teenager." Her short life included two previous suicide attempts. The second, "in 2022, left her unable to use her legs and in a wheelchair." In the milieu of challenges, she was "sexually assaulted," adding to her stressors, emotions, perceptions, and conclusions.

In 2024, Ms. Castillo sought permission to exit this life through "physician-assisted suicide," which Spain had legalized and formalized in 2021. At 23 years old, this human decided she could no longer persevere. She was granted that permission by a "medical body in Catalonia."

One pauses in such a story to wonder at the level of pain, despair, or other emotions that would drive one to a self-imposed and utterly permanent outcome. It is important to remember that there are various worldviews, see Cultural Relativism (March 2026). There are differences and distinctions throughout the world.

Nonetheless, many societies cling to a prohibition on killing, such as the Sixth Commandment. Intriguingly, some academics now contend that mandate should be interpreted more narrowly as "thou shalt not murder," an interesting distinction.

Such a distinction could be meaningful when the morality of self-termination is discussed. Succinctly, "murder" is the act of a human killing another human. Definitionally, the "murder" prohibition perhaps seems inapplicable to suicide generally.

Nonetheless, those of the Catholic faith have an involved history regarding suicide. There have been perceptions and portrayals of condemning suicide. Some see those perceptions as softer, but nonetheless incompatible with faith. And, there is acknowledgement that suicide persists in modern society.

Ms. Castillo's parents are Catholic, and with legal assistance, they resisted the state-approved suicide for about two years. They first resisted the application to the Catalonia medical body when Ms. Castillo submitted her required "two requests in writing" to be assisted to die.

When that medical body granted permission, Ms. "Castillo's father appealed the Catalan body's decision, and a court in August 2024 suspended the euthanasia request while it deliberated." While those legal efforts delayed the suicide, the Spanish Supreme Court concluded in January 2026 that Ms. Castillo had the right to die.

Her family expressed disappointment in that decision. There has been significant criticism of the enabling law and the acceptance of self-termination. Ms. Castillo acknowledged her life, and family, conceding that she is a "pillar of the family," a seeming admission of the hole her absence may leave in the lives of others.

Nonetheless, she steered the conversation to her pain and suffering, and her personal decision to end it. She told the press, "The happiness of a father or a mother should not supersede the happiness of a daughter." There is the real rub, too often Rights Collide (February 2016).

The implications of this debate remain at the core of humanity and society. There are strong emotional arguments on both sides of these discussions. The bounds of such debates may be difficult to define.

There are efforts and expenditures to prevent suicide, see AI Lacks Conscience (September 2025) and the posts cited there. And yet, some cultures are concluding that the desires of the individual are paramount. This will involve issues of culture, faith, conscience, and more. 

In the end, it is difficult to conclude that there is a winner in such debates. Certainly, someone got their desired outcome while others did not. But in the death of a human, is there ever a winner? In the forced prolonging of suffering, is there ever a winner?

As I see so many struggle to live, to deal with the incurable, to strive for one more day.... I am inspired by their spirit. What horrors drive one, instead, to voluntarily cease? This will be a long and difficult debate. Ms. Castillo and her family are in my thoughts this morning. 

Everyone Gets a Trophy

We, as a society, have likely hit our nadir, though there is some chance we have further to fall before some sudden stop marks our complete demise. I have written about the decline in education and capability.

The National Literacy Institute has noted that (il)literacy is tied to "some of today's most pressing concerns." We face teacher shortages, teacher competency issues, and various other secondary education challenges. The Institute notes "21% of adults in the US are illiterate," and "54% of adults have a literacy below a 6th-grade level." Like it or not, this is largely influenced by immigrants: "34% of adults lacking literacy proficiency were born outside the US."

For thoughts on literacy, see Screen Time Wins (February 2026); It's Your Kids! (February 2026). Students are showing up to college, and they lack the basic skills of reading and writing.

The University of Florida reports that "reading for pleasure (is) in free fall." The author of the study says this is not "a small dip—it's a sustained, steady decline of about 3% per year." If you don't do something, practice, you will lose the muscle memory to do it. 

And it is not some systemic change; the drop is steeper among some demographics, which the author attributes to "disparity in reading access and habits." Notably, "women are still more likely to read." Those who exercise skills will better retain them. 

Another dichotomy, perhaps more predictable, is education-based: "People with higher education levels ... are more likely to read." The other good news in the study is that "reading with children did not change over the last 20 years." We may not read for ourselves, but we are at least reading with children. They need us more than ever. 

A Stanford professor is proposing and supporting the "science of reading." She notes that "at least 40 states" have proposed "legislation aimed at reversing the downward trend." There is also interest in teacher preparation, requirements for curricula, and "mandates to use evidence-based screeners to identify students who may need additional support."

There may be some belief that the 20th-century "every kid gets a trophy" has contributed to the decline in competitiveness, refuted by some. Nonetheless, a recent decision by the Los Angeles Marathon to award medals to those who ran 18 miles instead of 26 miles gained headlines. Why 18? Next year 17? 

Will we reach a point where I could get a marathon medal (at the outside, I might do three miles)? Technically speaking, the 18 milers have no more finished a marathon than I have. Where is my medal?

Every kid getting a trophy for finishing the (pick a sport) season is seen by some as rewarding mediocrity. The LA Marathon's decision to award those who did not even finish has been viewed a bit more harshly in some quarters. 

On the other side of the world, the Chinese culture is struggling with the opposite. China announced recently that it would "promote students' physical and mental health" with mandates that limit "excess homework," "reduce academic pressure," and promote "two hours of physical activity ... every school day." 

Might such a move help us with the bane of obesity? Many of our schools do not provide the more moderate recommendation of one hour daily "moderate to vigorous physical activity" now.  

Thus, there is some recognition of the value of exercise and activity. There is the potential of pushing academics too hard. But there is the challenge of illiterate adults and the difficulties that they could present in the world of work and democracy.

In all, there is some need for moderation. Nonetheless, we are societally yielding our futures if we accept "Johnny can't read" as a normal outcome. We can reverse that, but it will require some focus and commitment to teaching, learning, and less screen time, videos, and social media nonsense.  

Thanks for reading this, and for knowing how. 

Ineffective Assistance

In the world of workers' compensation, you never hear about ineffective assistance of counsel. It is a criminal law maxim. And yet, there are those who tell stories of lawyers who struggle with witnesses, evidence, and argument.

To be fair, you don't hear about ineffective assistance of counsel often in any context. Nonetheless, an action early this century made the news in West Florida. Despite the lack of news coverage, it is a motion often filed in criminal cases that result in a conviction. The Innocence Project says that there are some discernible patterns with them, and they say there are major categories.

"(1) lawyers who: failed to present defense witnesses; (2) failed to seek DNA testing or have serology testing done to try to exclude the client; (3) failed to object to ... or to evidence; (3); and failed to interview witnesses in preparation for trial or to cross-examine ... witnesses." Other examples were (4) "failure to investigate" and (5) "failure to present expert testimony."

The incident that made the news began with a lawyer who "tried to withdraw before trial" because his client did not pay the agreed-upon fee. When the lawyer was interviewed after, he explained that "he would have presented expert witness testimony" if he had been paid in full. Moreover, he claimed, "he gave '110 percent' to the case."

The lawyer complained that the judge was hard on his side of the case, "denying every objection he made." Criticized for calling his client to testify, he explained that "he did so to show jurors that Rolon hadn’t been coached into what to say.” The lawyer criticized the judge. That reminded me of a judge teaching a class in which a student plaintively inquired, "Why did you give me a D?" The judge/teacher replied, simply, "I did not give you anything; you earned a D." You get what you earn. There is no giving.

The order on the post-trial motion for ineffective assistance included that the lawyer "told jurors he had spent less than five minutes reviewing (his client's) testimony before putting him on the witness stand."

There was a Bar investigation, and in 2011, the lawyer was disbarred. In all, the situation provided a rare look into the perspective that can come from the bench.

Certainly, the perils of criminal law are easy to appreciate. The outcome for a criminal defendant may include loss of liberty or life. Nonetheless, the outcome of any trial can have life-altering impacts on the parties. The workers' compensation trial is no exception.

Employers may find their business interrupted by a workplace injury, employee absence(s), factual disputes involving various employees, and there are financial implications for the insured and self-insured.

The impact on the injured worker is as easy to see. The complaints and claims are related to injury, symptoms, pains, and even dysfunction, impairment, and disability. The outcome of such a trial can have profound impacts on the life and livelihood of the worker.

For either party, the challenges of Florida's workers' compensation statute, procedural rules, and evidence code can present a variety of hurdles, imperatives, and demands. The trial can present the unexpected, the contrary, and errors. Trials are stressful, and outcomes can be difficult.

Despite that periodic disappointment, the lawyer's best tool is readily available. Its employment is no guarantee, but there are no such guarantees in a trial.

The lawyer cannot control everything. We are reminded that "The race is not to the swift, nor the battle to the strong" (Ecclesiastes 9:11). But the trial will often go to the most prepared, the lawyer most familiar with the facts, the arguments, and the law. Despite all else, the lawyer can choose to be the most prepared. That does not make it easy, but the path is at least clear.

I tell my students all the time: "You cannot choose to be the smartest, prettiest, funniest, or a slew of other superlatives, but you can always choose to be the hardest working." Effort matters, and it shows. 

Out in California

A California judge will resign after pleading guilty to a felony mail fraud charge for allegedly hiring a physician convicted of health care fraud to prepare medical records to submit to the state’s workers’ compensation program, the U.S. Department of Justice announced Wednesday.

According to Ballotpedia, Israel Claustro was elected January 3, 2013, In the primary ... after the general election was cancelled." He was a judge of "the Superior Court of Orange County,_which appears to be California's court of general jurisdiction. Judge Claustro presided in Orange County, home of Anaheim, Irvine, and more. The job paid almost $180,000.

In fairness, Mr. Claustro was not a judge at the time of his felony; he "was an Orange County prosecutor at the time." He operated Liberty Medical Group, "despite being neither a physician nor a medical professional as required under California law." The company, Liberty, employed physicians to provide patient care.

The U.S. Attorney says that one "of Liberty’s employees was Dr. Kevin Tien Do, 60," and that he was previously convicted of fraud. That conviction led to "suspension from California’s workers’ compensation program." Nonetheless, Dr. Do was paid "more than $300,000" to prepare "medical evaluations, medical record reviews, and med-legal reports after Do’s suspension."

The secrecy of this action was preserved by "listing other doctors’ names on the billing forms and reports," concealing Dr. Do's involvement. The impact of the "known" falsity, according to the U.S. Attorney, was about $38,670, which was "paid to Liberty" as a result of the various "fraudulent submitted reports. The overall payments to Liberty were "hundreds of thousands of dollars."

In March 2026, the California Commission on Judicial Performance concluded its disciplinary proceeding against "former Judge Claustro." It concluded that his guilt of a felony "constitutes conduct prejudicial to the administration of justice that brings the judicial office into disrepute." The Commission noted that despite his conviction, he "failed to promptly report to the commission when he was charged."

Mr. Castro agreed, therefore, to a "censure and bar." 

Censure is a public notice of "improper conduct," akin to a public reprimand. The "bar" is a "lifetime bar on future judicial service," according to Metropolitan News. The lessons are worth consideration. Behavior before taking the bench is actionable. Pleading guilty to crimes is a first step, but reporting to the qualifications authorities is also imperative. Finally, at least in California, the authority to impose discipline survives a resignation from the bench.

The Pre Law Club Debate

In April 2026, I traveled to Panama City to attend the Florida State University First Amendment Debate featuring professor Denise Harle and attorney Michel Stone. The experience was intellectually intriguing and encouraging from several perspectives.

My primary encouragement came in the form of attendance. The Florida State University campus at Panama City cannot be described as large. It is led by Dean Randy Hanna, and his commitment to legal studies is patent. 

An assortment of local attorneys, faculty, and others attended. But I was more struck by the various Pre-Law Club attendees. They were not only present but had obviously devoted time and effort to planning and executing this event. I was also struck by the approximately 50 high school students in attendance.

I struggle to believe that a high school student is more prepared for the Constitution today than I was so many years ago. Nonetheless, they were present, respectful, and at least receptive. Among their number, undoubtedly, there are a few who will eventually pursue law as a career. Feeding the curiosity and interest of the next generation is our obligation. 

Following a cordial introductory lunch, we transitioned to a large lecture hall for the debate. During the lunch introductions, I was encouraged by the variety of Pre-Law students, and the engagement of Florida State leadership. The school was obviously engaged with these young people on a personal level, and the familiarity was evidence of their past collaborations. 

Professor Harle has recently been involved in founding the Florida First Amendment Clinic. This brings clinical experiences for students to engage in actual advocacy and litigation while in law school. Her brief overview was inspiring. Her enthusiasm and academic perspective on the First Amendment were both encouraging and refreshing. 

Nonetheless, there was some pre-debate debate on the topic. What students and guests saw was the reality that there can be disagreement and yet discourse. There was a sharing of perspectives and differences, disagreement without disagreeableness. That is healthy, and the cordial engagement was refreshing. 

So often in the world today, individuals cite the First Amendment as protecting their right to both speak their mind and suppress the views of others. Nothing could be more anathema. The First provides protection for most but not all speech. There is no “freedom to cancel” clause. Nonetheless, there are even those who are opposed to the protections of the First Amendment. 

I was particularly struck by the courage of one student who jumped into the pre-debate, noting something to the effect of people not needing to be so rapidly triggered or offended. He was many years younger than those who started that particular point, entered the fray professionally and courteously, and demonstrated class and intellect. 

Michel Stone is a local Panama City attorney. He is involved in representing a variety of clients but harkens back to early constitutional experience in criminal defense around Panama City. He has been significantly involved in the defense of murder and other serious felonies. His depth of experience was patent. 

Chiles v. Salazar was the obvious focus of the main debate. Nonetheless, the conversation strayed periodically into more fundamental discussions of constitutional law. Mr. Stone's initial statement was to the effect of “we have been lured here under false pretenses,“ suggesting that Salazar is not a First Amendment decision in any instance, but a "police powers" discussion. 

Salazar is a recent 8-to-1 decision of the United States Supreme Court. Someone would argue that numeric is as close to unanimous as the present Court is likely to come. The case focuses on a Colorado statute precluding licensed counselors from providing “conversion therapy“ to minors.

Professor Harle’s perspective was focused more precisely on the First Amendment issue, specifically the freedom of expression. 

Mr. Stone made multiple arguments in favor of a ban on “conversion therapy.” His focus was less upon the First Amendment and more upon the detriment he perceives of “conversion therapy." In this, he argues that there is persistent, if not consistent, governmental authority under the auspices of “police power" to protect the public from legislatively perceived harm. He quoted a volume of statistics that he believes demonstrates the potential or probability for damage from "conversion therapy."

In a somewhat unscientific manner, his comments perhaps suggested that correlation is the equivalent of causation. See Disparity and Evolution (August 2024). One of his primary examples was the prevalence of suicidal ideation or attempt in those who have attempted conversion therapy compared with those who have not. This blurred distinction between correlation and causation was questioned by several attendees.

Unfortunately, the time for this discussion was too short. As I age, that seems to be increasingly true. I wanted to hear more. Where did the speakers not venture? A fundamental that I stress to my students is that there are a variety of rights with which we are endowed by our creator. Our Constitution and American jurisprudence recognize many of these, and as yet omit others. 

Unfortunately, they are not inherently congruous. Your rights to enjoy your property may, in fact, interfere with my rights to substantive liberty. Similarly, your rights to freedom of expression or association may, in fact, impede upon my rights similarly. See 

Fundamental Rights (April 2019). 

There is no absolutly clear outcome in so many of these conflicts between and among individual rights and societal powers. There are balances and compromises. 

Thus, we periodically see divergent voices on some boulevards throughout the country, separated by the thin blue line that somehow keeps our discourse (usually) civil. There is strong disagreement at times. There is the right to speak, and yet the government has the power to keep both (all) sides in such a discourse safe from each other, and from the public generally (some views are not so popular). 

I was particularly grateful for the leadership of the Florida State university pre-law club. Their advisor, Professor Lucy Hoover has obviously devoted much time to the development and growth. Dean Randy Hannah has an obvious interest in the club and delivers support, engagement, and encouragement. Associate Dean Irvin Clark has likewise been engaged since the club began. Their involvement and familiarity with the students are patent as they enter a room of students who all readily greet them as you would old friends. 

All of that said, the success of this future lawyer launch platform is so demonstrably due to the efforts of Judge John Mooneyham. He has been the students' community resource, their reference, and their advisor since the club began about four years ago. I am proud of all of these Boomers who are striving to deliver something to the next generation. 

And the next generation is pretty impressive. The following club members/officers provided overview of the Salazar opinion, introduction of speakers, and more. They shined and delivered both intellect and community engagement. 

Lindsey Dey

Alex Kinchen

Tyler Zheng

Jennifer Giraldo

Cathy Buller

Nicholas Cooley

Florian Riemer

I spend a fair amount of space here advocating for mentorship, support for the next generation, and efforts directed at their success. See Starfish (February 2022). We may not pull all of these club members into the legal profession. But if we manage to help one or two on their professional quests, then it is worth all the effort.

Kudos to Florida State University Panama City, the individuals who made the great debate possible, and all the interested and engaged who took the time to both attend and engage the challenge of peacefully and intellectually discussing differing viewpoints. 

First Principles

There will be lively discussion today at the Workers' Compensation Forum. I am honored to be on a panel led by Ya'Sheaka Williams, Esq. and including Gloria Garcia, Esq., and Hon. Jacqueline Newman. They call it "Current Trends," and it is always interesting. 

One of my foci this morning will be "First Principles" as recently discussed by the Sixth District Court of Appeal in Ruffenach v. Deutsche Bank Nat'l Tr. Co. as Tr. for Ameriquest Mortg. Sec. Inc., Asset-Backed Pass-Through Certificates Series 2005-R8, No. 6D2023-1482, 2026 WL 785140 (Fla. 6th DCA Mar. 20, 2026).

At first blush, the workers' compensation community should first say "what does the 6th have to do with us?" or even "this is not a comp case." Both would be apt. Both might be a bit short of the mark.

The court notes that there is some perception that various District Courts have wandered over the years. It notes this regarding the perceived need for attorney fee hearings. The court makes the point that an old workers' compensation case from the Florida Supreme Court suggested a hearingless procedure long ago. Crittenden Orange Blossom Fruit v. Stone, 514 So. 2d 351 (Fla. 1987). I have cited it often.

The Sixth District certifies that it disagrees with the decisions of the other five Districts, 37 such decisions. That is an amazing outcome. This new District Court has concluded that these others have been misguided many times. And it suggests that an old workers' compensation case is a great guide forward for the law regarding how attorney fees are determined.

To do so, the court draws back to "First Principles." This is not an attack on the idea of stare decisis, though some perceive it as such. It is a return to the fundamental process of examining the law, be it statute, rule, etc., that lies at the foundation of prior court decisions. It is not that we cannot follow precedent but that we must question the foundations of such decisional law.

Having done so, the Sixth District concludes that

"Sixty-two years ago, the Second District invented a requirement for trial courts to receive expert testimony before granting an award of attorneys’ fees."

"Invented" may be a bit strong? Nonetheless, having so concluded, the Sixth departed from layers of precedent and made a decision based on the law or the absence of it. The court thus departs from long-established decisional law that has heretofore been consistent across the state.

In this, some in the workers' compensation community may see some parallel to Estes v. Palm Beach Cnty. Sch. Dist., No. 1D2025-0079, 2026 WL 796496 (Fla. 1st DCA Mar. 23, 2026). There, the First District concluded:

"Our duty, however, is to faithfully apply the plain and ordinary meaning of the enacted text."

In doing so, the First District receded from several of its own cases interpreting the section 440.19 statute of limitations. It did so openly. It said that when there is an issue as to the efficacy of the foundation in prior decisions, then

“[t]he proper question becomes whether there is a valid reason why not to recede from that precedent.”

The Estes decision does not mention First Principles, but the logic may seem similar to some observers.

What decisional law in Florida workers' compensation might be subject to such arguments? There are several that jump to mind:

• Why does the evidence code apply in workers' compensation? 
• Why are repetitive trauma injuries considered under an accident/disease hybrid? 
• Why can an issue be barred if claims for it are dismissed voluntarily twice? 
• Why must a worker show an exceptional exertion to demonstrate the compensability of a heart attack? 
• Why are statutory provisions of "arising out of" subject to interpretation? 
• Why is medical mileage a benefit in Florida workers' compensation? 

These are discussion points. There are appellate decisions on each. They are perhaps interesting, and some would suggest that other corners of the law might be as readily discussed. The point is that Judges of Compensation Claims are bound to follow precedent. Nonetheless, there is some potential that appellate courts will elect not to, either in rejecting the logic of their peers or revisiting their own decisions.

Nonetheless, there is some likelihood that litigants will increasingly raise arguments that contradict prior precedent. They will perhaps strive to see the law change in their circumstance based on a new look at the underlying statute or rule. That is advocacy and is the root of effective lawyering.

It is an intriguing time to be in this practice and to hear the perspectives of the many intellectual and engaged professionals that inhabit this space.

 

It's not the end of the world

The Smart People's Club was in the news regarding their prognostications on Doomsday. See Relatively Speaking (March 2026). The Hill picked up the theme that month in an opinion piece that encourages, or at least claims, a Chicken Little approach to worldview. It asserts that many Americans "now believe the end is near."

There is some good humor about the word "Armageddon." I like

So what if I don't know what Armageddon means?

It's not the end of the world

or

All this drama in the world. Makes me want to watch a nice light movie.

You know... Like Armageddon.

Well, that is part of our problem societally; we seemingly can't laugh at much anymore. The Hill does not use "Armageddon" but focuses on "doomsday" and "apocalyptic." The author pokes fun at some societal elements and manages to be insulting and petty in the process.

The piece then turns from poking fun at groups to a contention that the fear of the "end of the world" is now mainstream. The evidence asserted is what phrases are trending on social media and social attitudes of Americans gleaned from polling.

The author focuses on conclusions that "100 million Americans expect the world to end in their lifetime." Their fears are apparently not united or focused. Some fears include "climate change, nuclear war, economic collapse, and artificial intelligence."

Those people are apparently not watching television. The ads I see are more focused on reasonably rare medical conditions that we should all rush to our doctors for. The premise is that we could all do better with our plaque psoriasis, cystic fibrosis, and narcolepsy. That industry says we can all self-diagnose our declining health.

The Hill author argues that in this "sky is falling" mindset, the population might be divided into two groups. One group will "take arms against a sea of troubles, and by opposing end them" (Billy Shakespeare, Hamlet, 1599). The second group, he claims, is more fatalistic and less inclined to action in the face of what they perceive is inevitability (think Eeyore from Winnie the Pooh).

The article takes a tack that the pessimists have it right. There are various cited examples of the challenges we face on economic, violence, and technology fronts. He contends people have quit making fun of "the doomsday crowd" and begun googling survivalist thoughts himself.

His expressed fear is not so much that the sky is falling but that there is consequence when people begin to believe that the sky is falling. The article included a poll gauging the extent to which one agrees "with the idea that the end of the world is near." When I took it, the outcome was not so supportive of the author's pessimism.

Nonetheless, perhaps there is some room for discussion? Maybe we could all use some news stories that are actual news? Perhaps there could be benefit from news coverage that features what the service club people are doing to improve communities, and less about the perpetual string of violence that so enamors the media? Are people pessimistic because of the world or merely because their social media, television, and more are pushing persistent messages of negativity and pessimism?

The Hill author concludes that there is danger for us in "point(ing) to the different dashboards flashing red" (the various reasons people express for their anxiety and fears). He concludes that there is a spirit of doom and that this mental attitude could itself be contributing to doom. His exposition of self-fulfilling prophecy is not inspiring or encouraging.

The thinkers in the world, however, will realize that the media is interested in shock value. Social media is designed to drive clicks. There is money in anger and by feeling it, tuning in, and clicking, you are feeding that monkey. There may be great benefit to you and society in simply not participating. Take a walk in the park. Build a Habitat home. Volunteer at a shelter. There is more than good around us. There is greatness. Go be a part of that and see what it does for your outlook.

The end of the world is not imminent. The future will bring change. The fact is, it always has. Ride with that. Get over the change, the pessimism, and the slop delivered daily to your screens. Pessimism and doomsdayism are easy, but neither is healthy nor productive. It's not the end of the world (that is just a movie). You heard it here first.