Tuesday, January 15, 2008

Deep Thoughts & Hot Air

So what's in a name? In business it can be very important. I constantly see businesses going out of their way to give themselves abstract names that really don't serve them well. Two examples of car repair companies: "Wilson's," or "Broad Street Auto Repair." I like the latter since it says what they do and where they are. I'm reminded of when a new cable news channel was started. They were owned by 20th Century Fox, a well known name in itself. This was a time when one of the most popular actors was Michael J. Fox. The public described beautiful people as being a "fox." Smart people were sly as a fox. The channel need a three letter name (like CBS, NBC, etc.). So naturally, they decided to call themselves..."FBN." Fortunately for them, they figured out pretty quick that there was some magic in the letters FOX, while with "FBN" they were starting with nothing in the public's awareness.


Several years ago George Burns was given a lifetime achievement award by some group and it got me to thinking. George Burns had quite a career and deserves a lot of credit for his hard work and his devotion to his craft. but when you think about it, here's a guy who spent his entire professional life doing exactly what we loved and wanted to do. Then we give him a lifetime achievement award. Now, I loved George Burns , and would never say anything against him. I'm sure he had his share of setbacks and disappointments over the years. But he's just one of many people who, like him, are recognized and celebrated for doing what they really enjoy. I know it could never work this way, but if we're going to give out lifetime achievement awards they should go to the plumber or carpenter; factory worker or insurance salesman who spent his whole life doing something he may have been good at, but didn't really enjoy. Someone who did this year after year and in the process supported his family, bought a house, several cars and maybe sent some kids through college. Now that's lifetime achievement.


How about a different approach to the smoking issue? Some scientists say nicotine is as, or more, addictive than heroin, morphine or cocaine. So there is a growing movement to have nicotine tightly regulated by the FDA. I think this is completely backwards. I know of no case where a person got tanked up on nicotine and killed someone, or caused a traffic accident due to being under the influence of nicotine, or committed burglary or robbery in order to buy cigarettes. In fact, some studies now are revealing some positive benefits of nicotine. It's important to society that people stop smoking, not that they stop using nicotine. The problem with smokers is not the addiction - it's the behavior, and that's where we should be concentrating our effort. Suppose we were to take the millions of dollars we spend on futile attempts to control the addiction, and offer financial incentives to companies that can design safe nicotine delivery systems that smokers will readily accept - and even enjoy instead of lighting up. Then, rather than being restricted, this system should to be as available as alcohol is now. We need to be working to bring about the behavioral change we want in the people who don't want to give up their nicotine.

There was a tragic murder of a family here in Georgia a while back. Two goons broke into the family's home and were apparently there for about 20 minutes before the victims walked in on them and were killed. The fact is that the protection of the law extended to these victims for only those 20 minutes. Once the killers left the house the full protection of the law immediately shifted to them - granting rights involving search and seizure, self incrimination, Miranda, legal representation, and on and on. Should these people be convicted they will have yet another list of rights. We will spend an incredible amount of time and money feeding, housing and providing medical attention to these criminals, while the victim will be virtually forgotten by our system where citizens actually have fewer rights and protections than killers. The sad fact is that our justice system protects us for minutes, but protects those who act outside the bounds of our society forever. At some point the American public will have had enough, and will move to do something about this inequity. My hope is that this will be done now, while we can do it in a thoughtful and deliberate process, before it's done later in some violent reactionary fervor that will ultimately serve none of us.

$581,000,000.00 was award a while back to an Alabama couple because they were overcharged for satellite dishes. Wow!. Most of it was punitive damage. It defies all logic that the punishment for a defendant should be a reward for the plaintiff. Here's a step toward tort reform: Let's decide that from now on, all punitive damages awarded by juries goes to the government conducting the trial - and that it not be subject to attorney commissions. That might help put a stop to some of this goofiness. In the mean time, I've been overcharged by lots of companies so I guess I just need a good lawyer.

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