Category Archives: law

Tale of a fast, accurate home COVID test

My son works at a company called Homodeus. It’s part of 4Catalyzer, an umbrella of seven medical biotechnology companies with a staff of 300 scientists and engineers. One of the Homodeus products, still waiting FDA guidance is a COVID-19, RNA self-tester called Homodeus Detect. It tests for COVID RNA directly, not for antibodies, with tests are much faster than hospital tests, taking 45 minutes, but more complex than the unreliable test strips. So far, the Detect tests have shown no false positives or false negatives. That would suggest 100% reliable, except but there are a fair number of invalid tests. The invalid tests are lares due to the complexity, and also to the fact that you are testing snot, essentially. There is no blood-taking involved, unlike with the test strips, but  just a nasal swab, and the cost is moderate, about $35 per test. However you have to do some lab work. After you swab your nose, you put the swab in a heated liquid bath where chemicals break up the snot and dissolve the shells on any viruses or pollen present. After 30 minutes, you pass the liquid onto a detector strip that contains a conjugate protein that binds to SARS-CoV-2 RNA. Your answer appears 15 minutes later as one of three lines: one for positive, one for negative, or one indicating an invalid test. Invalid tests show up more often than they like, about half the time, especially when the test is done by amateurs. 

Getting an invalid test result is a downside of the current product, but I don’t think it should prevent sales. You get better at doing the test, and speed and lack of false positives and negatives is a bigger plus. It seems worthwhile to fast-track offer this test for doctors offices and hospital admissions, at least. I’d also like to see it used for airplane boarding and interstate travel, so that a person traveling might avoid the two week quarantine that many states impose. I’d certainly pay $200 or more to avoid a two-week quarantine, and if I have to do a second or third test, I’d do that too. 

At least some people realize it’s a big advantage to know if you are currently infections.

Because this test measures virus RNA, and not antibodies, it indicates infection virtually as soon as you’re infected. That’s a benefit for those wishing to fly, or to meet with people, an advantage that is not lost on Elon Musk at least (see tweet). The test also shows negative as soon as the virus is gone, and that’s big. In recent months the FDA has fast-track approved an antibody indicating test from Abbott Labs, but that test has many false readings and only indicates infection several days afterward, and it does not indicate when you are no longer infectious. 

The FDA has not offered to fast track this test, or any other like it for approval. They have not even indicated what sort of reporting and privacy requirements they want, so things sit in limbo, both for Homodeus, and for competing companies. Here is a story in USA today: https://www.usatoday.com/story/news/2020/07/29/fda-opens-door-rapid-home-covid-19-tests/5536528002. One big issue that the FDA is contact tracing. The FDA would like to be able to trace all the contacts of anyone who tests positive, while maintaining privacy as demanded by the 4th Amendment.

One way around the 4th amendment concerns would be to require anyone who uses the test to sign a waiver allowing the government to trace their contacts. Alternately there could be a block-chain enabled app that would come with the test. An app coms already providing a timer for when to move to the next step, and it includes a machine-vision system to help analyze dim lines on the indicator. Perhaps the FDA would accept block chain as a way to allow full reporting while maintaining privacy The FDA has yet to provide guidance on what they want, though. Without guidance or fast-track approval, things sit in limbo. Here is a scathing legal analysis from the Yale Law Journal.

You can get a free test, but have to do it at Homodeus headquarters in Guilford, Connecticut. It’s free, and results appears in about 45 minutes.. Homodeus has been manufacturing the test in quantity; if you are interested, use the following link to sign up: https://www.homodeusinc.com/research. Healthcare providers are particularly welcome.

The Homodeus detect test kit. Picture from this article in the New Haven Register.

Why did the FDA fast-track approve Abott’s antigen/ antibody test. Maybe because the tests rethought to not lead to lower mask use. Alternately, Abott has more political pull. You can read the FDA’s explanation here. In my biassed opinion the Homodeus product is good enough to fast track especially for hospitals and healthcare providers. It could save lives while allowing the economy to reopen.

Robert Buxbaum, November 15, 2020 (with massive help from Aaron M. Buxbaum)

When was America great last? Before October 24, 1945, United Nations Day.

Last night a CNN reporter was going around a Trump rally asking ‘When was America ever great?” It’s a legitimate question for anyone wearing a MAGA hat. “Make America Great AGAIN” suggests that America was once great and is no more. The answer the reporter pushed for, I think, was the one given by NY’s Governor Cuomo: “America was never that great.” Alternately, the answer of Michelle Obama, who claimed in 2008, “For the first time in my adult life, I am really proud of my country.” The attendees attempted other answers, like 1776, but the reporter shot them down, saying that people were enslaved in 1776, and telling the home audience that even later, women didn’t have the right to vote, or the LGBT community was denied the rights to which it was entitled. I was not there, and might have got shot down too, but I suspect the question deserves an exact answer: the last time America was great was just before October 24, 1945, United Nations Day, the day we submitted to be part of a world government.

Jackie Robinson, the first black American in major league baseball. Signed October 23, 1945.

By October 23, 1945 WWII was over. We had peace and plenty, the most powerful military, and the most powerful economy. Besides this, we had a baby boom (Children are a bedrock of success, IMHO). Also, on October 23, 1945, the Brooklyn Dodgers signed Jackie Robinson, the first black, major Leaguer since the late 1800s. We thus took a major step against the greatest of our original sins. These were aspects of US greatness, but they were were not guaranteed. They were based on two pre-requisites: a national dedication to self-improvement, and the sovereign control we had over our self-improvement. Total control ended on October 24, 1945 when we joined with the Soviet Union, the United Kingdom, China, France, and several other nations accepting (limited) control by the United Nations organization.

By accepting United Nations oversight, we gave over a significant chunk of sovereignty to other countries whose desire, mostly, was that the US should not be greater than them, and largely that it should not be great at all. To that end they endeavored to insure that we did not have the most powerful economy, the most powerful military, or a baby boom. From tat day on, other countries would sit in judgment on our behaviors and goals. More and more, they would demand remedies that served their interests and diminished US greatness, its exceptionalism. To the patriot this is a disaster. The New York Times declares that anti-exceptionalism is the road to world peace and prosperity. The MAGA crowd disagree.

The United Nations officially came into existence on October 24, 1945, after the United States, the Soviet Union, the United Kingdom, China, France ratify the UN Charter. The charter, once signed, was handed to Truman’s assistant, Alger Hiss.

It’s not that the MAGA Republicans are against world peace or prosperity. No sane person is, but they claim that the best way to achieve these things is for us to be exceptional and work in our own best interests. It is only a sad peace that is achieved by having a foreign body decide that we are at fault in every conflict, and that we should pay reparations to all who lag. There are many poor, socialist countries choosing judges, and these judges tend to rule that the US, as a rich nation, is always at fault and should always pay — both for “development” of the poor nations -overseen by them — and for the the UN too. We knew that their judges would rule this way, but likely didn’t care, or realize how much of our greatness rested on sovereignty. Without sovereignty, even the greatest of world powers will be brought down. Alger Hiss, the person Truman handed the signed UN charter to, was a spy for the Soviet Union. It was a telling beginning.

One of the big promises of Donald Trump is that he will limit the reach of the UN and of its ability to reach into our pockets. He already renegotiated or rejected trade agreements, like TPP that would have sent our jobs and technology abroad. Trump also placed import taxes (tariffs) on some foreign goods. The MAGA folks approve, but the Obama internationalists are scandalized. As depicted in the book “Fear”, long time (Obama) staffers at the White House stole tariff bills from the president’s desk to save the world by keeping them from Trump’s signature. Tariffs have been used throughout American history, and can be a benefit for jobs, and diplomacy and for American manufacturers. They are not radical, but some people lost out. Larely, those were US consumers of foreign goods who suffered. Things improved most for black and hispanic workers though. The intellectual class who claim to represent black and hispanic interests have removed Trump and supporters from social media. It’s their way of winning the argument.

Henry Cabot Lodge, Wilson’s main opponent ito the US joining the League of Nations,.

A major anti-MaGA goal is to stop global warming. This is done by globe-trotting folks in private jets who’ve agreed we should shut US industry and pay $1B/ year, while permitting unlimited coal use by China and India. They were the largest CO2 sources, and also among the least efficient producers.Their share of CO2 output is huge and growing. The globe-watchers don’t care. By the way, is a cold world is something we really need?

Trump also limited the power of the world trade organization and of the world court. It’s something that Henry Kissinger recommended In the Journal “Foreign Affairs 2001. Kissinger wrote that “The danger [in too much power for the world court] consists of substituting the tyranny of judges for that of governments; historically, the dictatorship of the virtuous has often led to inquisitions and even witch-hunts.” Trump also built up the military, and claims he will eliminate a postal agreement that gives low, subsidized rates, to China and poor countries so they can mail goods to the US for far less than we can to ourselves. Joe Biden has pushed for “the dictatorship of the virtuous” and promises to raise taxes to pay for it. He’s also suggested packing the supreme court. To me, this is far more radical than tariffs.

The MAGA divide between Trump and Obama/ Biden is not new. It’s existed to a greater or lesser extent between most Democrats and Republicans as far back as the civil war. One major cause of the civil war was tariffs. Then as now, tariffs benefit the manufacturer and worker, and hurt the aristocrat.

In 1918, the MAGA divide played flared because of Wilson’s support of the League of Nations. Republican, Henry Cabot Lodge opposed joining the League of Nations over the same complaints that Trump has raised. Trump’s MAGA claim is that he’ll make US agreements serve US interests. Also that he’s making the US military strong again, and making the US economy strong again. For all I know, the plan for the next four years is to try to ignite another baby boom, too. This, as I understand it, is the MAGA message.

As a side issue, I note that virtually every rapper is for Trump, and virtually every orthodox rabbi too. Yet the internationalist claim he’s racist. His approval among black voters is polled at 46%. Unless you hold that Jewish and black voters don’t understand their own interests. it would seem that Trump is not the racist he’s claimed to be. A recent, “jews for Trump” parade in NY was attacked with rocks, eggs, fists, and paint thrown on participants by white Democrats. The racists who run the NY Justice Department decided not to prosecute.

Robert Buxbaum, October 27-28, 2020. I figured it was time someone explained what “Make America Great Again” meant. I’ve also speculated on Trump’s religion here, and on his mental state, here.

Package postage from China: 70¢ for 2 oz.

The minimum US postage rate to send a 1 oz to 8 oz package across the street is $8.30. This is the price for any size package going in “zone 1”. That is, to a nearby, instate address. It costs more to send a package to nearby states or across the country, zones 2,3,4,5,6,7, 8 You don’t get shipping updates or delivery confirmation unless you pay more. By comparison the US post office charges no more than $1.50 to Chinese companies to deliver packages of up to 4.4 lbs (2 kg) and they get shipping and delivery confirmation thrown in free. The high US rates are, in part, because the post office is losing money to subsidize postage from China.

On the internet folks are amazed at how cheap things are shipped from China (I copied this post from this Forbes article)

US producers can not compete on the sale of small items, in part, because we subsidize the shipping costs. Go to Amazon or e-Bay and you can buy from China packaged items shipped by air for a total price of $1 or so. That includes the price of the item, the shipping cost, and some profit for Amazon or eBay. A US supplier could not sell this cheap even if it were a box of air. The low shipping costs result from a poorly negotiated postage deal of 2011 between us (Obama’s negotiator) and the Chinese. Until 2021, we are committed to deliver a package of 50g or less, (2 oz) for 5 Chinese Yuan, or 70¢ at the current exchange rate of 14¢/NCY. Additional ounces are billed at 35¢ up to 4.4 lbs; use the following table of prices and apply the dollar to CNY conversion. We threw in tracking services and an e-mail confirmation for free, in part because China was poor, and we were rich. Also, the deal was pushed by e-Bay and Amazon, two big supporters of Obama’s presidency.

US suppliers cannot compete.

Adding insult to injury, Obama raised the de minimis amount for billing tariffs from the normal $100 to $800 making almost all purchases from China duty free. Obama made some complaints about unfair trade, and about the counterfeits and knockoffs but no major enforcement. In 2012 and 2014, the Obama administration signed similar postage deals with Korea, Hong Kong, and the EU. The Germans applauded as it allows them to ship goods to the US for far less than the cost of us shipping to Germany. The US post office loses money on this and makes up for it by charging us more for domestic mail.

The Washington Post praised Obama on these deals claiming that they benefitted US customer and promoted democracy. Of course, the Washington Post is owned by Amazon’s main stock holder, Jeff Bezos– someone who benefits very much by the deal. He is among the relatively few people and organizations that own the media outlets. The Post loses money on newspaper sales but benefits the owners by the propaganda value of the stories, a situation also found with Al Jazeera and the emir of Qatar.

Trump has informed China that these special rates will end when the treaty runs out in January 1, 2021. A per-package ship fee will be $3.00 for a one ounce package, with 11¢ per additional once. This is less than the domestic rate, but far higher than the current 35¢ for 1 oz. I’d probably have raised their postage even more, but this is an election year, and Biden may well reverse any deal Trump signs.

Robert Buxbaum, July 14, 2020. Though I’m appalled by this postage deal, I just bought a 50 lb kayak from China, $99.99 including shipping. The prices are too low to pass up.

Who are the BLM vandals?

There have been a dozen attempts to tear down the statue of Andrew Jackson outside the Whitehouse. Most of these appear to have been done by white people, supporters of “Black Lives Matter,” or BLM. BLM vandals were more successful destroying statues of Columbus, Lee, Washington, Jefferson, Roosevelt, Lincoln, Saint Louis, and Christian Heg, an anti-slavery activist of the 1800s, — he was a white guy. Graves are spray painted BLM, stores have been vandalized and looted, people have been killed, and at least one “cop free autonomous zone” set upin Seattle. No police allowed, no fire fighters allowed. At least one murder. Policing by a BLM warlord. So who are the BLM vandals running these activities, and who are their supporters?

Graves vandalized with Black Lives Matter, and with BLM Floyd. The vandals prepared, bringing spray paint to the cemetery, but there is no sense they were helping black people.

To my observation the BLM activist-vandal is not typically black, nor illiterate, nor disadvantaged; nor do they act in a fit of anger. The tools of destruction, bricks, spray paint, chains torches, and firebombs are brought home, often many miles away. Bricks are left in buckets are key locations for ready use in the demonstration. Many of the activists are white, often women, literate, liberal, socially secure, and self-satisfied. Two lawyers, one a Princeton graduate, were among those throwing firebombs in a Jewish section of Brooklyn, last week. They were acting for social justice in Palestine, they say. Another pair of bomb-throwers were two sisters white, from upstate NY who traveled to Brooklyn to throw a gasoline bomb into a police care with four officers. Her motivation, she says, social injustice — certainly not for the innocent policemen.

There is rarely any connection between the destruction and any positive help to black people nor is there any direct relationship to George Floyd, killed by cruel police. Why behead the statue of Columbus, or burn this statue of an elk? Even the fire-bombing lawyers had trouble explaining the relationship between their bombing of a police car in Brooklyn and the motivating causes, police brutality and ending the zionist presence in Palestine, for these particular two. So why burn a car, topple a statue, or loot a store, or burn an elk? As best I can tell, it’s because these things are big, available, and minimally guarded. If someone steps out to defend their property, the vandals leave, or snuck around to sucker-punch from behind, leaving quickly afterward, before the police get there.

The vandals do not act out of rage either, but with malice and fore-thought. It takes a lot of organization to show up with working fire-bombs, bricks, or with spray paint for that matter. Neither of these items is available at stores near the demonstrations. And taking down a statute requires more. The vandals bring strong ropes, chains, and cutting torches. Check out this video of an attempt on the Andrew Jackson statue, and note the organization of labor and that virtually everyone here is white.

Samantha Shader, traveled to Brooklyn with gasoline bombs and through one into a police car with 4 officers inside. None died. She’s not black, uneducated, or oppressed, Just bored, and angry.

Whether they succeed or not, the vandals are proud of their activities. They brag to the press and often post videos. Publicity is part of the motivation, but it sometimes leads to capture. Samantha Shader, throwing a gasoline bomb, was caught because of her own bragging video.

When caught, the BLM vandal immediately appeals for his or her rights, and is often bailed out by the politicians who claim to deplore violence. They blame the very folks they’d harmed too, and claim it was justice to destroy the statue, or the Jewish or black-owned store. The black store owner is an uncle Tom, the Jewish synagog a symbol of oppression, and they see themselves as white saviors, white knights and revolutionaries, destroying offensive symbols of other folks success. It’s only other people’s stuff that’s offensive to them, by the way. I’ve yet to see any of the BLM vandals destroy their own cars or homes.

As bad as the actual vandals are, in a sense the politicians who support them are worse, spurring them, then sitting judgement on the BLM wrongs. The politicians, liberal, often white women, praise the BLM vandal leaders, and help the raise money for them. They ascend the podium with the worst of the BLM vandal leaders, proclaiming, “We’re with you.” “You are right to be angry, and your cause just.” “We are inspired by you.” They say they are against violence, but they eagerly remove the statues that the BLM vandals spray painted — The statue of Columbus in front of Columbus city hall for example, They defund the police — their salaries, retirements, etc. — and give the money to BLM-run organizations. The Biden campaign does more and provides bail money. All this helps honest black people not at all, nor is it good for the cities, but it does provide good press for the politicians, and so far the support for BLM seems to make up for Biden’s habit of touching and sniffing girls’ hair. As for where the BLM money goes, we have little information, but this is what we know. Some will go back to the Democratic party via a BLM program called #WhatMatters2020. Some will go toward Black Liberation education. None is slated to help victims of BLM vandalism, black or white. And this is what passes for political accountability.

Columbus Ohio; Vandals spray paint the statue of Columbus in front of city hall, then the Mayor cleans the statue, and removes it. Which one is the bigger vandal? Do either help black people?

I imagine that I do more for black lives than what BLM does, by my efforts to provide clean water and better sewage, for example. Another thing we might do, if we thought black lives really mattered would be to change the laws that put black people behind bars for minor crimes, e.g. pot sales. Recreational pot use is legal in much of the US, but black people are emprissoned in large numbers, because the sale is illegal unless you have special licenses. and black people never can get the license to sell legally. I don’t think defunding the police is a road to help black people, certainly not when the money goes to Black Liberation education and statue removal. It seems that black lives don’t matter at all to either the BLM vandals, or the fire-bombers, or to the politicians,, and they never did.

Robert Buxbaum, July 6 2020.

If nothing sticks to teflon, how do you stick teflon to a pan? PFAS.

When I was eight or nine year old, I went to the 1963-64 World’s Fair in New York. Among the attractions, in “the kitchen of the future”, I saw the first version of an amazing fry-pan that was coated with plastic. You could cook an egg on that plastic without any oil, and the egg didn’t stick. The plastic was called teflon, a DuPont innovation, whose molecule is shown below.

The molecular structure of Teflon. There is an interior carbon backbone that is completely enclosed with tightly bound fluorine atoms. The net result is a compound that does not bind readily to anything else.

Years later, I came to understand that Teflon’s high-temperature stability and non-stick properties derive from the carbon-fluorine bonds. These bonds are much stronger than the carbon-hydrogen bonds found in food, and most solid, organic things. Because of the strength of the carbon-fluorine bond, Teflon is resistant to oxidation, and to chemical interaction with other molecules, e.g. in food. It does not even interact with water, making it hydrophobic and non-wetting on metals. The carbon-carbon bonds in the middle remained high temperature stable, in part because they were completely shielded by the fluorine atoms.

This is a PFAS. The left side is just like teflon, and very hydrophobic. The right side is hydrophilic and highly bonding to pans, and many other things like water or cotton.

But as remarkable as teflon’s non-stick properties are, perhaps the most amazing thing was that it somehow sticks to the pan. For the first generation pans I saw, it didn’t stick very well. Still, the DuPont engineers had found a way to stick non-stick Teflon to a metal for long enough to cook many meals. If they had not found this trick, teflon would not have the majority of its value, but how did they do it? It turns out they used a thin coating of a di-functional compound called PFAS, a a polyfluoro sulphonyl (or polyfluoroalkyl) substance. The molecular structure of a common PFAS, is shown above.

Each molecule of PFAS has one end that’s teflon-like and another end that’s different. The non-Teflon end, in this case a sulfonyl group, is chosen to be both high temperature stable and sticky to metal oxides. The sulphonyl group above is highly polar, and acidic. Acidic will bind to bases, like metal oxides. The surface of the metal pan is prepared by applying a thin layer of oxide or amidine, making it a polar base. The PFAS is then applied, then Teflon. The Teflon-end of the PFAS is bound to teflon by the hydrophobicity of everything else rejecting it.

There are many other uses for PFAS. For example, PFAS is applied to clothing to make it wrinkle free and stain resistant. It can also be used as a super soap, making uncommonly stable foams and bubbles. It is also used in fire-fighting and plane de-icing. Finally, PFAS is the main component of Nafion, the most common membrane for PEM fuel cells. (I can think of yet other applications..) There is just one small problem with PFAS, though. Like teflon, this molecule is uncommonly stable. It doesn’t readily decompose in nature. That would be a small problem if we were sure that PFAS was safe. As it happens it seems safe, but we’re not totally sure.

The safety of PFAS was studied extensively before PFAS-teflon pans was put on the market, but the methodology has been questioned. Large doses of PFAS were fed to test animals, and their health observed. Since the test animals showed no real signs of ill-health though some showed a slight liver enlargement, PFAS was accepted as safe for humans at a lower exposure dose. PFAS was approved for use on pans and allowed to be dumped under conditions where humans would be exposed to 1/1000 of that used on the animals. The assumption was that there would be little or no health hazard at these low exposure levels.

But low risk is not no risk, and today one can sue for even the hint of an effect though use of a class action suit. That is, lawyers sue on behalf of all the people who might have been damaged. My city was sued successfully this way for complicity in sewage over-flows. Of course, since the citizens being paid by the suit are the same ones who have to pay for the damage, only the lawyers benefit. Still, the law is the law, and at least for some judges, putting anyone at risk is enough evidence of willful disregard to hand down a stinging judgement against the evil doer. Judges have begun awarding large claims for PFAS too. While no individual can get the claim more than a tiny amount of money, the lawyers can do very well.

There is no new evidence that PFAS is dangerous, but none is needed if you can get yourself the right judge. In this regard, an industry of judicial tourism has sprung up, where class-action lawyers travel to districts where the judges are favorable. For Teflon suits, the bust hunting grounds are in New York, New Hampshire, and California, and the worst are blood-red states like Wyoming and Utah. Just as different judges promote different precedents, different states allow vastly different PFAS concentrations in the water. A common standard, one used by Michigan, is 70 ppt, 1 billion times stricter than the amounts tested on animals. This is roughly 500 times stricter than the acceptable concentratios for lead, a known poison. The standard in New York is 7 times stricter than Michigan, 10 ppt. The standard in North Carolina is 140,000 ppt, in in several states there is no legal limit to PFAS dumping. There is no scientific logic to all of this, and skeptical view is that the states that rule more strictly for PFAS than lead do so make money for lawyers. Lead is everyone in the natural environment, so you can’t sue as easily for lead. PFAS is a man-made intruder, though, and a strict standard helps lawyers sue. You can find a summary of state by state regulations here.

Any guideline stricter than about 1000 ppt, presents a challenge to the water commissioner who must measure it and enforce the law. There are tricks, though. You can use the surfactant quality of PFAS to concentrate it by a factor of 100 or more. To do this, you take a sample of river water and create bubbles. Any bubbles that form will be highly concentrated in PFAS. Once PFAS can be identified this way, and the concentrators estimated, the polluters can be held liable. Whether we benefit from the strict rulings is another story. If I were making the law for Michigan, I’d probably choose a limit about 1 ppb, but I’m not making the law. The law, as written, may be an idiot, as Bumble said, but the Law is the Law.

In terms of Michigan fishing, while some rivers have PFAS concentrators above the MI-legal limit, they are generally not far over the line. I would trust the fish in the Huron River, even west of Wixom road but I’d suggest you avoid any foam you find floating there. The PFAS content of foam will be much higher than that of the water in general.

Robert E. Buxbaum, June 30, 2020, edited July 8, 2020. There are seven compounds known as PFAS’s: perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), perfluorohexanesulfonic acid (PFHxS), perfluoroheptanoic acid (PFHpA), and perfluorobutanesulfonic acid (PFBS).

When prostitution was legal in America, 1863-65.

Readers of this blog know that I am not a fan of very harsh punishments for crime, in particular for crimes that have no direct victim, e.g. drug possession and sales. Prostitution is another crime with no direct victim. One could argue that society as a whole is the victim, but my sense is that punishments should be minimal and targeted, e.g. to prevent involuntary human trafficking and disease. Our current laws, depicted here, are clearly not designed for this, but there was a brief period where prostitution laws did make more sense. During the civil war, civil war, prostitution was legal and regulated to prevent disease.

In 1862, Union forces captured the southern cities of Nashville and Memphis, Tenn. Major Gen. William Rosecrans set up headquarters in Nashville. Before the war, Nashville was home to 198 white prostitutes and nine  “mulatto,” operating in a two-block area known as “Smoky Row.” 

By the end of 1862,  Smokey row had grown and these numbers swelled to 1,500 “public women”. White southern women turned to prostitution out of poverty, largely. Their husbands were dead, or ill paid, and they were joined by recently freed slaves. Benton E. Dubbs, a Union private, reported a saying that “no man culd [sic] be a soldier unless he had gone through Smokey Row,” … “The street was about three-fourths of a mile long and every house or shanty on both sides was a house of ill fame. Women had no thought of dress or decency. They say Smokey Row killed more soldiers than the war.” 

By 1863, venerial disease was becoming a major problem. The Surgeon General would document 183,000 cases of venereal disease in the Union Army alone, “…the Pocks and the Clap. The cases of this complaint is numerous, especially among the officers.”  

Permit for Legal prostitution signed by Col George Spaulding.

At first General Rosecrans directed his assistant, Colonel Spaulding, to remove the women by sending them to other states, first by train, and then by boat commandeering the ship, Idaho for the purpose. The effect was horrible, not only was the ship turned back by every city, but the departure of these ladies just resulted in the appearance of a new cohort of sex-workers. By the time the Idaho had returned, Rosecrans had been relieved of command following embarrassing defeats at Chickamauga and Chattanooga . Col. Spaulding now tried a new technique to stop the plague of VD: legalized prostitution. It worked.

Women’s hospital during the war, Nashville.

For a $5/month fee a “public woman” could become a legal prostitute, or “Public Woman” so long as she submitted to monthly health inspections for a certificate of her soundness. If found infected, she was to report to a hospital dedicated to this treatment, was subject to imprisonment if she operated without the license and certificate. The effect was a major decline in sexually-transmitted disease, and an improvement (so it is claimed) in the quality of the services. The fees collected were sufficient to cover the cost of the operation and hospital, nearly.

At the end of the war, Col Spaulding and the union soldiers left Nashville, and prostitution returned to being illegal, if tolerated. One assumes that the VD rates went up as well.

George Spaulding, Congressman..

Colonel Spaulding and Maj. General Rosecrans are interesting characters beyond the above. Spaulding had entered the war as a private and rose through the ranks by merit. The rise didn’t stop at colonel. After the war, he became postmaster of Monroe Michigan, 1866 to 1870, US Treasury agent, 1871 to 1875, Mayor of Monroe, 1876 to ?, President of the board of education, a lawyer in 1878, and congressman for the MI 2nd district (Republican) 1894 -1898. He also served as board member of the Home for Girls 1885 to 1897, and postmaster of Monroe, 1899 to 1907.

William Rosecrans was a Catholic, engineer-inventor from West Point. Before the war, in 1853, he designed St. Mary’s Roman Catholic Church, one of the largest US churches at the time, site of the wedding of John Kennedy and Jacqueline Bouvier. He also designed and installed one of the first lock systems in Western Virginia. He and two partners built an early oil refinery. He patented a method of soap making and the first kerosene lamp to burn a round wick, and was one of the eleven incorporators of the Southern Pacific Railroad. After the war, he served as Ambassador to Mexico, 1868-69 and was congressman from California, 1st district (Democrat) 1880 – 1884. A true Democrat, Rosecrans could not stand either Grant or Garfield, and fought against Grant getting a retirement package.

Robert Buxbaum, June 5, 2020. There are other ways to stop the spread of sexual diseases. During the AIDS epidemic, condoms were the preferred method, and during the current COVID crisis, face masks are being touted. My preference is iodine hand wash. All methods work if they can reduce the transmission rate, Ro below 1.

Affirmative action for Elizabeth Warren, 1/1000 Indian

The following is Elizabeth Warren’s law registration for the state of Texas, 1986 claiming she is an American Indian. There was very little evidence for it and an genetic test showed she was somewhere between 1/256 and 1/1000 Indian. My son was determined to have 1/1000 Indian blood in a similar test, and we have no Indian ancestors at all, as best as I can tell. Still, as an Indian Ms. Warren is entitled to affirmative action; she’s to get preferential hiring financial, and educational treatment over someone more qualified, but without Indian blood. Affirmative action was institute as a way to redress the suffering of Indians and other minorities, but it is not clear that is serves this purpose when someone with so little, or no blood can take the advantage. There is no requirement of proof that you are at all Indian by blood, and even if you are 1/1000 Indian, what about the other 999/1000? Why don’t they count to give yo lower standing than someone who is 1/10 Indian, say. How indian should you have to be to get benefits.

Related to the question of how much Indian blood you should have to have to get benefits is the question of making other folks suffer to provide this benefit. Many of the people who suffer because of affirmative action are dependents of immigrant minorities, Jews, Italians, and Chinese, and these folks have not had it that well. The Italians were discriminated against in hiring, as mandated by the city council, see announcement below, and Chinese immigrants had very limited migration and work rights, as specified under The Chinese Exclusion Act of 1882. This act was not repealed until 1943 as part of our war against Japan.

In the late 1800s anti Italian discrimination was common. In part this was the Tammany Hall Irish doing their best to keep out an upstart immigrant group. Should Italians have affirmative action preferences?

At maximum Ms. Warren is less than 1% indians and thus over 99% Texan. This is to suggest that the majority of her bloodline is descent is from those who displaced the Indians, but her preferential hiring was likely in preference to other minorities who suffered too, and who likely have a purer bloodline to that suffering and exclusion than Ms Warren has. Is this what we want from affirmative action? The form we’ve got benefits, for the most part, only the most crooked, connected members of society. People like Ms Warren. I think this has to change.

Robert Buxbaum, January 23, 2020

If the test of free will is that no one can tell what I will do….

Free will is generally considered a good thing — perhaps a unique gift from the creator to man-kind. Legal philosophers contend that it is free will that makes us liable to legal punishment for our crimes. while piranhas and machines are not. We would never think of jailing a gun or a piranha even it harmed a child.

It’s not totally clear that we have free will, though, nor is it totally clear what free will is. The common test is that no one can tell what I will do. If this is the only requirement, though, it seems a random number generator should be found to have free will. One might want to add some degree of artificial intelligence so that the random numbers are used to make decisions that are rational in some sense, say choosing between tea and coffee, for example, and not tea and covfefe, but this should not be difficult. With that modification, we should find that the random device would make free decisions as boldly or conservatively as any person.

The numbers should be truly random, but even if they are not quite, this should not be a barrier. We generally take statistical things to be random, the speed of the wind tomorrow at 3:00 PM for example even though there is a likely average, and 500 mph is exceedingly unlikely. And, if that isn’t quite random enough, one could use quantum mechanics. One could devise a system that measures the time between the next two radioactive decays to an accuracy many times greater than the likely time between. If the sample has a decay every 100 seconds or so, the second and third digit of this time after the decimal is random to an extent that most would accept, and that one can predict it at all — or so we understand it. (God might be an exception here, but since He is outside of time, prediction becomes an oxymoron). Using these quantum mechanic random numbers, one should be able to make decisions showing as much free will as any person shows, and likely more . Most folks are fairly predictable.

Since God is considered to be outside of time, any mention of his fore-knowledge or pre-determination is an oxymoron. There is no pre or fore if you’re outside of time, as I’d understand things

 I notice that few people would say that a radioactive atom has free will, though, and that many doubt that people have free will. Still no one seems interested in handing major issues to a computer, or holding the machine liable if things turn out poorly. And if one wants to argue that people have no free will, it seems to me that the argument for punishment would get rather weak. Without free will, shy would it be more wrong to kill a person than a piranha, or a plant.

Robert Buxbaum, January 19, 2020. Just some random thoughts on random number generators. I’ve also had thoughts about punishments, and about job choices.

Kindness and Cholera in California

California likely leads the nation in socially activist government kindness. It also leads the nation in homelessness, chronic homelessness, and homeless veterans. The US Council on Homelessnesses estimates that, on any given day, 129,972 Californians are homeless, including 6,702 family households, and 10,836 veterans; 34,332 people are listed among “the chronic homeless”. That is, Californians with a disability who have been continuously homeless for one year or cumulatively homeless for 12 months in the past three years. No other state comes close to these numbers. The vast majority of these homeless are in the richer areas of two rich California cities: Los Angeles and San Francisco (mostly Los Angeles). Along with the homeless in these cities, there’s been a rise in 3rd world diseases: cholera, typhoid, typhus, etc. I’d like to explore the relationship between the policies of these cities and the rise of homelessness and disease. And I’d like to suggest a few cures, mostly involving sanitation. 

A homeless encampment in LosAngeles

Most of the US homeless do not live in camps or on the streets. The better off US homelessness find it is a temporary situation. They survive living in hotels or homeless shelters, or they “couch-serf,” with family or friends. They tend to take part time jobs, or collect unemployment, and they eventually find a permanent residence. For the chronic homeless things are a lot grimmer, especially in California. The chronic unemployed do not get unemployment insurance, and California’s work rules tend to mean there are no part time jobs, and there is not even a viable can and bottle return system in California, so the homeless are denied even this source of income*. There is welfare and SSI, but you have to be somewhat stable to sign up and collect. The result is that California’s chronic homeless tend to live in squalor strewn tent cities, supported by food handouts.

Californians provide generous food handouts, but there is inadequate sewage, or trash collection, and limited access to clean water. Many of the chronic homeless are drug-dependent or mentally ill, and though they might  benefit from religion-based missions, Los Angeles has pushed the missions to the edges of the cities, away from the homeless. The excess food and lack of trash collection tends to breed rats and disease, and as in the middle ages, the rats help spread the diseases. 

Total homelessness by state, 2018; California leads the nation. The better off among these individuals do not live on the streets, but in hotels or homeless shelters. For most, this is a short term situation. The rest, about 20%, are chronically homeless. About half of these live on the streets without adequate sewage and water. Many are drug-dependent.

The first major outbreaks of the homeless camps appeared in Los Angeles in August and September of 2017. They reappeared in 2018, and by late summer, rates were roughly double 2017’s. This year, 2019, looks like it could be a real disaster. The first case of a typhoid infected police officer showed up in May. By June there were six police officers with typhoid, and that suggests record numbers are brewing among the homeless.

To see why sanitation is an important part of the cure, it’s worth noting that typhoid is a disease of unclean hands, and a relative of botulism. It is spread by people who go to the bathroom and then handle food without washing their hands first. The homeless camps do not, by and large, have hand washing stations. and forced hygiene is prohibited. Los Angeles has set up porta-potties, with no easy hand washing. The result is typhoid epidemic that’s even affecting the police (six policemen in June!).

rate od disease spread.
R-naught, reproduction number for some diseases, CDC.

Historically, the worst outbreaks of typhoid were spread by food workers. This was the case with “typhoid Mary of the early 20th century.” My guess is that some of the police who got typhoid, got it while trying to feed the needy. If so, this fellow could become another Typhoid Mary. Ideally, you’d want shelters and washing stations where the homeless are. You’d also want to pickup the dirtier among the homeless for forced washing and an occasional night in a homeless shelter. This is considered inhumane in Los Angeles, but they do things like this in New York, or they did.

Typhus is another major disease of the California homeless camps. It is related to typhoid but spread by rodents and their fleas. Infected rodents are attracted to the homeless camps by the excess food. When the rodents die, their infected fleas jump to the nearest warm body. Sometimes that’s a person, sometimes another animal. In a nastier city, like New York, the police come by and take away old food, dead animals, and dirty clothing; in Los Angeles they don’t. They believe the homeless have significant squatters rights. California’s kindness here results in typhus.

Reproduction number and generation time for some diseases.

The last of the major diseases of the homeless camps is cholera. It’s different from the others in that it is not dependent on squalor, just poor health. Cholera is an airborne disease, spread by coughing and sneezing. In California’s camps, the crazy and sick dwell close to each other and close to healthy tourists. Cholera outbreaks are a predictable result. And they can easily spread beyond the camps to your home town, and if that happens a national plague could spread really fast.

I’d discussed R-naught as a measure of contagiousness some months ago, comparing it to the reproductive number of an atom bomb design, but there is more to understanding a disease outbreak. R-naught refers merely to the number of people that each infected person will infect before getting cured or dying. An R-naught greater than one means the disease will spread, but to understand the rate of spread you also need the generation time. That’s the average time between when the host becomes infected, and when he or she infects others. The chart above shows that, for cholera, r-naught is about 10, and the latency period is short, about 9 days. Without a serious change in California’s treatment of the homeless, each cholera case in June will result in over 100 cases in July, and well over 10,000 in August. Cholera is somewhat contained in the camps, but once an outbreak leaves the camps, we could have a pandemic. Cholera is currently 80% curable by antibiotics, so a pandemic would be deadly.

Hygiene is the normal way to prevent all these outbreaks. To stop typhoid, make bathrooms available, with washing stations, and temporary shelters, ideally these should be run by the religious groups: the Salvation Army, the Catholic Church, “Loaveser and Fishes”, etc. To prevent typhus, clean the encampments on a regular basis, removing food, clothing, feces and moving squatters. For cholera, provide healthcare and temporary shelters where people will get clean water, clean food, and a bed. Allow the homeless to work at menial jobs by relaxing worker hiring and pay requirements. A high minimum wage is a killer that nearly destroyed Detroit. Allow a business to hire the homeless to sweep the street for $2/hour or for a sandwich, but make a condition that they wash their hands, and throw out the leftovers. I suspect that a lot of the problems of Puerto Rico are caused by a too-high minimum wage by the way. There will always be poor among you, says the Bible, but there doesn’t have to be typhoid among the poor, says Dr. Robert Buxbaum.

*California has a very strict can and bottle return law where — everything is supposed to be recycled– but there are very few recycling centers, and most stores refuse to take returns. This is a problem in big government states: it’s so much easier to mandate things than to achieve them.

July 30, 2019. I ran for water commissioner in Oakland county, Michigan, 2016. If there is interest, I’ll run again. One of my big issues is clean water. Oakland could use some help in this regard.

The electoral college favors small, big, and swing states, punishes Alabama and Massachusetts.

As of this month, the District of Columbia has joined 15 states in a pact to would end the electoral college choice of president. These 15 include New York, California, and a growing list of solid-blue (Democratic party) states. They claim the electoral must go as it robed them of the presidency perhaps five times: 2016, 2000, 1888, 1876, and perhaps 1824. They would like to replace the electoral college by plurality of popular vote, as in Mexico and much of South America.

All the big blue states and some small blue states have joined a compact to end the electoral college. As of 2019, they are 70% of the way to achieving this.

As it happens, I had to speak on this topic in High School in New York. I for the merits of the old system beyond the obvious: that it’s historical and works. One merit I found, somewhat historical, is that It was part of a great compromise that allowed the US to form. Smaller states would not have joined the union without it, fearing that the federal government would ignore or plunder them without it. Remove the vote advantage that the electoral college provides them, and the small states might have the right to leave. Federal abuse of the rural provinces is seen, in my opinion in Canada, where the large liberal provinces of Ontario and Quebec plunder and ignore the prairie provinces of oil and mineral wealth.

Several of the founding federalists (Jay, Hamilton, Washington, Madison) noted that this sort of federal republic election might bind “the people” to the president more tightly than a plurality election. The voter, it was noted, might never meet the president nor visit Washington, nor even know all the issues, but he could was represented by an elector who he trusted, he would have more faith in the result. Locals would certainly know who the elector favored, but they would accept a change if he could justify it because of some new information or circumstance, if a candidate died, for example, or if the country was otherwise deadlocked, as in 1800 or 1824.

Historically speaking, most electors vote their states and with their previously stated (or sworn) declaration, but sometimes they switch. In, 2016 ten electors switched from their state’s choice. Sven were Democrats who voted against Hillary Clinton, and three were Republicans. Electors who do this are called either “faithless electors” or “Hamilton electors,” depending on whether they voted for you or against you. Hamilton had argued for electors who would “vote their conscience” in Federalist Paper No. 68.  One might say these electors threw away their shot, as Hamilton did not. Still, they showed that elector voting is not just symbolic.

Federalist theory aside, it seems to me that the current system empowers both large and small states inordinately, and swing states, while disempowering Alabama and Massachussetts. Change the system and might change the outcome in unexpected ways.

That the current system favors Rhode Island is obvious. RI has barely enough population for 1 congressman, and gets three electors. Alabama, with 7 congressmen, gets 9 electors. Rhode Islanders thus get 2.4 times the vote power of Alabamans.

It’s less obvious that Alabama and Massachussetts are disfavored compared to New Yorkers and Californians. But Alabama is solid red, while New York and California are only sort of blue. They are majority Democrat, with enough Republicans to have had Republican governors occasionally in recent history. Because the electoral college awards all of New York’s votes to the winner, a small number Democrat advantage controls many electors.

In 2016, of those who voted for major party candidates in New York, 53% voted for the Democrat, and 47% Republican. This slight difference, 6%, swung all of NY’s 27 electors to Ms Clinton. If a popular vote are to replace the electoral college, New York would only have the net effect of the 6% difference; that’s about 1 million net votes. By contrast, Alabama is about 1/3 the population of New York, but 75% Republican. Currently its impact is only 1/3 of New York’s despite having a net of 2.5 million more R voters. Without the college, Alabama would have 2.5 times the impact of NY. This impact might be balanced by Massachusetts, but at the very least candidates would campaign in these states– states that are currently ignored. Given how red and blue these states are, it is quite possible that the Republican will be more conservative than current, and the Democrat more liberal, and third party candidates would have a field day as is common in Mexico and South America.

Proposed division of California into three states, all Democrat-leaning. Supposedly this will increase the voting power of the state by providing 4 more electors and 4 more senators.

California has petitioned for a different change to the electoral system — one that should empower the Democrats and Californians, or so the theory goes. On the ballot in 2016 was bill that would divide California into three sub-states. Between them, California would have six senators and four more electors. The proposer of the bill claims that he engineered the division, shown at right, so skillful that all three parts would stay Democrat controlled. Some people are worried, though. California is not totally blue. Once you split the state, there is more than three times the chance that one sub-state will go red. If so, the state’s effect would be reduced by 2/3 in a close election. At the last moment of 2016 the resolution was removed from the ballot.

Turning now to voter turnout, it seems to me that a change in the electoral college would change this as well. Currently, about half of all voters stay home, perhaps because their state’s effect on the presidential choice is fore-ordained. Also, a lot of fringe candidates don’t try as they don’t see themselves winning 50+% of the electoral college. If you change how we elect the president we are sure find a new assortment of voters and a much wider assortment of candidates at the final gate, as in Mexico. Democrats seem to believe that more Democrats will show up, and that they’ll vote mainstream D, but I suspect otherwise. I can not even claim the alternatives will be more fair.

In terms of fairness, Marie de Condorcet showed that the plurality system will not be fair if there are more than two candidates. It will be more interesting though. If changes to the electoral college system comes up in your state, be sure to tell your congressperson what you think.

Robert Buxbaum, July 22, 2019.