Atlantic Monthly Contributors's Blog, page 884

Johnson & Johnson Reaches $4 Billion Settlement Over Hip Implants

In the coming days, Johnson & Johnson is expected to announce that it has reached a settlement over defective hip implants totaling in the range of $4 billion, one of the largest settlements ever for the company.

Under the settlement, patients affected are expected to receive about $350,000 each, though the exact value is still unclear since lawyers are trying to figure out how many patients are eligible. Sources speaking to the Times estimated that the number could be anywhere between 7,000 and 8,000 patients.

The Articular Surface Replacement, A.S.R. for short, was recalled in August of 2010 after it came to light that the device "sheds metallic debris as it wears, generating particles that have damaged tissue in some patients or caused crippling injuries." The device had a failure rate about eight times higher than other hip devices and 40 percent of them were said to fail within the first five years. A trial earlier this year revealed evidence that the company may have been aware of the flaw back in 2008.

In addition to the settlement, according to Bloomberg, J&J has already spent nearly a billion dollars informing patients and doctors about the recall and on medical costs. It also reached a $2.2 billion settlement last week in a separate case concerning its marketing of certain medications.

       

U.S. Airways and American Airlines Are Merging

American Airlines and U.S. Airways are planning on merging to form the world's largest airline. Originally, U.S. Airways had intended to merge with American's parent company, AMR Corp., but following a Justice Department lawsuit over antitrust concerns, the two airlines will merge instead. In exchange, they will give up control of terminal gates and facilities in six cities: Boston, Chicago, Dallas, Miami, Los Angeles, New York and Washington D.C.

Assistant Attorney Bill Baer said that, "The extensive slot and gate divestitures at these key airports are groundbreaking and they will dramatically enhance the ability of low cost carriers to compete system-wide," although the ceded airport slots are likely to affect only a little more than 100 of the 6,700 daily flights that the two companies administer.

The new company will be led by current U.S. Airways CEO Doug Parker, and the announced merger, still pending approval, comes just a couple of weeks before the November 25 court deadline that the companies were facing over antitrust allegations. The merger is one of the final steps for AMR Corp. to recover from filing for bankruptcy protection, which they did two years ago.

       

Caroline Kennedy Sworn In as Ambassador to Japan

Caroline Kennedy was sworn in on Tuesday as the Ambassasdor to Japan on Tuesday. She will be the first female ambassador to the country, taking over for John Roos. Kennedy was sworn in with a private ceremony in Secretary of State John Kerry's office, and then celebrated the occasion at a reception (pictured above) at the residence of Kenichiro Sasae, the Japanese ambassador to the U.S.

Though this is Kennedy's first government position, Kerry expressed confidence in her ability to serve as ambassador, telling reporters that Japan “knows that it is getting an envoy who has the ear of the president.” Kennedy had previously sought the senate seat Hillary Clinton vacated when she joined President Obama's cabinet in 2008, but under close scrutiny, she dropped the bid citing personal reasons. In 2012, she served as a co-chair on Obama's reelection campaign.

Kennedy told reporters, "We look forward to meeting as many people as we can, to making new friends, visiting and studying the history and culture of this beautiful country that is such a strong partner to the United States in so many important efforts."

The Los Angeles Times notes that Caroline's father, former President John F. Kennedy has a small but fervent following in Japan. Kennedy's role as the first female ambassador to the country "coincides with a call by Prime Minister Shinzo Abe to expand the professional and economic role of women in Japan," as The New York Times pointed out.

       

Reports Say North Korea Publicly Executed 80 People

Reports are coming out of North Korea that the isolated nation publicly executed 80 people this month, some for minor offenses. According to the Los Angeles Times, at least on South Korean newspaper reported on the events, which were corroborated by at least one other news agency run by North Korean defectors. Among the alleged infractions that led to the executions were charges relating to prostitution and pornography, watching South Korean videos or possessing a Bible.

The killings reportedly took place in seven cities across the country on November 3. In the city of Wonsan:

Eight people -- their heads covered with white bags -- were tied to stakes at a local stadium in the city of Wonsan, before authorities shot them with a machine gun, according to the source. 

Wonsan authorities gathered a crowd of 10,000 people, including children, at Shinpoong Stadium and forced them to watch the killings.

The relatives of the executed were also supposedly sent to work in labor camps as punishment.

The high body count marks what is for now the most lethal punitive action taken by Kim Jong-un since taking over as head of the government after the death of his father Kim Jong-il two years ago. Back in August, Kim Jong-un ordered the executions of approximately a dozen performers, including one who was believed to be a former lover.

       

More Scenes from Haiyan's Devastation Emerge

Relief efforts continue after Typhoon Haiyan slammed into the Philippines over the weekend. At least 10,000 are estimated dead in the city of Tacloban alone as residents begin to clear debris and try to find food and medical supplies for the beleaguered country. Both the United States and Great Britain have sent warships to the country to assist and the United Nations estimates that more than 660,000 people have been displaced by the high wind speeds and flooding.

Here are some more photos coming out of the country.

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Typhoon survivors hang signs from their necks as they queue up in the hopes of boarding a C-130 military transport plane Tuesday, Nov. 12, 2013, in Tacloban, central Philippines. Thousands of typhoon survivors swarmed the airport on Tuesday seeking a flight out, but only a few hundred made it. (AP Photo/Bullit Marquez)

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Residents queue up to receive treatment and relief supplies at Tacloban airport. (AP Photo/Bullit Marquez)

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Survivors move past the damages caused by Typhoon Haiyan in Tacloban city, Leyte province central Philippines on Monday, Nov. 11, 2013. Authorities said at least 2 million people in 41 provinces had been affected by Friday's disaster and at least 23,000 houses had been damaged or destroyed. (AP Photo/Aaron Favila)

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Young boys scavenge through the wreckage from Typhoon Haiyan in Tacloban. (AP Photo/Wally Santana)

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A body wrapped in cloth labeled only with a name is left on a pew at St. Michael The Archangel Chapel in Tacloban, Nov. 12, 2013. There is no functioning morgue here, so people have been collecting the dead from Typhoon Haiyan and storing them where they can — in this case, St. Michael The Archangel Chapel. (AP Photo/Wally Santana)

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Survivors from Tacloban, which was devastated by Typhoon Haiyan disembark a Philippine Air Force C-130 aircraft at the Villamor Airbase in Manila, Philippines. (AP Photo/Wong Maye-E)

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A homeless typhoon victim sits at a makeshift shelter along a road in Palo, Leyte, which was battered by Typhoon Haiyan, November 12, 2013. (REUTERS/Erik De Castro)

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A homeless typhoon victim sits at a makeshift shelter along a road in Palo, Leyte, which was battered by Typhoon Haiyan, November 12, 2013. (REUTERS/Erik De Castro)

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Houses living near the sea devastated by super typhoon Haiyan are seen in Tacloban city, November 11, 2013. (REUTERS/Romeo Ranoco)

       

Music Publishers Take Action Against Lyrics Sites

The National Music Publishers' Association took aim at lyrics websites such as RapGenius this week, serving takedown notices for unlicensed lyrics sites in what they claim is "an unprecedented anti-piracy effort." The organization compiled a list of the Top 50 unlicensed sites, and one interesting aspect of this story, however, is that sitting at the top of the list is Rap Genius.

The main feature of Rap Genius is not that it simply serves up song lyrics, but that it allows users to annotate lyrics in order to explain them or provide interpretation or context. The site branded itself with the lofty comparison of "Internet Talmud" when it raised a large round of venture capital funding last fall, and also said that it wished to branch out beyond song lyrics (see, for example, the beginning of Teju Cole's Open City annotated by the author, or for some irony, an annotated version of the Digital Millennium Copyright Act).

One of the site's founders, Ilan Zechory, told The New York Times that the site constituted fair use, telling them:

“The lyrics sites the N.M.P.A. refers to simply display song lyrics, while Rap Genius has crowdsourced annotations that give context to all the lyrics line by line, and tens of thousands of verified annotations directly from writers and performers. These layers of context and meaning transform a static, flat lyric page into an interactive, vibrant art experience created by a community of volunteer scholars.”

Whether or not that argument holds up remains to be scene, but the NMPA did clarify that they were only going after sites that they believe blatantly republish lyrics for commercial gain and not personal blogs or fan websites.

[Pictured: Kanye West and JAY Z, rap geniuses—not affiliated with the website]

       

Report: Hugo Lindgren Is Leaving 'The New York Times Magazine'

Hugo Lindgren, the current editor of The New York Times Magazine, is out as of the end of the year, according to a report in Capital New York. Neither Lindgren nor the Times has since confirmed or denied the change. But it follows months of speculation over a possible shake-up at the top of the paper's magazine. 

Lindgren was
    

Rob Ford Is 'Not Going Anywhere,' According to Rob Ford

Walking scandal and Toronto Mayor Rob Ford told a supporter today that he's "not going anywhere, guaranteed," even after admitting publicly to smoking crack cocaine. Rob Ford's opinion on the matter, that he should remain mayor of Toronto, is an unpopular one. But unless someone finds a new legal avenue to remove the mayor from office against his will, it could be the only opinion that matters. 

According to current provincial law, there's more or less one way for Ford to be forced from office. If the mayor was convicted and jailed for a crime, he would no longer be eligible to hold a municipal office. Toronto has no mayoral recall process like the one that began before San Diego's ex-mayor Bob Filner's resignation. The most the city council seems to be able to do right now is to bring up a measure that would call on Ford to take a leave of absence. That measure includes another provision asking provincial officials to re-write its municipal laws so that Ford can be forcibly removed if he refuses to take leave or go. That's an idea provincial officials are open to considering, even though they'd reportedly prefer not to get involved. Although Ford has made no indication either way on whether he'd consider a leave of absence, his deputy mayor Norm Kelly told the press on Monday to leave Rob Ford alone if he did decide to take leave. 

Last week, Ford finally admitted that he had, in fact, smoked crack cocaine after Toronto police announced that they were in possession of a notorious tape showing the elected official using drugs and making racist and homophobic remarks. The admission marked a new chapter in a months-long, slow boiling scandal that began when Gawker and the Toronto Star reported on the existence of the tape. In his confession last week, Ford said, "Yes I have smoked crack cocaine," adding, "Probably in one of my drunken stupors." Ford continued: "all I can do now is apologize and move on," omitting the fact that he could also resign from office. Days after his admission, a second video of Ford emerged in which he angrily rants about how much he wants to fight and kill an unnamed person. 

The mayor's embarrassing behavior has, however, forced Ford to lighten his public appearance schedule. He lost his weekly radio show, for one thing. And parade officials and the mayor's office can't seem to agree on whether Ford will participate in Sunday's Santa Claus Parade (Ford says he is, the parade says he isn't). After today's stint at a Remembrance Day ceremony on Monday, Ford might want to consider taking the day off: a group of veterans booed Ford as he took the stage for a brief speech. At least one veteran then refused to shake his hand. 

       

An Infidelity Scandal Just Shuttered a Major 'Biblical Patriarchy' Organization

A major conservative Christian organization shuttered its doors on Monday after its president, Doug Phillips, resigned from his position in the wake of an extramarital affair. Phillips is an extremely influential leader in the "Biblical Patriarchy" movement, a wing of conservative evangelical Christianity that believes men should have "dominion" over women. Phillips and his organization, Vision Forum, are enormously active in a cluster of related ministries, including the Christian homeschooling movement. The group also advocates against access to birth control and abortion. Even if you don't know Vision Forum, you know some of its friends: Kirk Cameron, for one; the Duggars (pictured below), for another. 

[image error]Here's what happened. At the end of October, Phillips posted a stunning letter to Vision Forum Ministries's site, simultaneously confessing to a "lengthy" extramarital affair and resigning from the organization: "I engaged in a lengthy, inappropriate relationship with a woman," he wrote, adding, "while we did not 'know' each other in a Biblical sense, it was nevertheless inappropriately romantic and affectionate." Phillips essentially promised to stay away from speaking engagements and public appearances as a representative of the organization while he sought forgiveness. But it looks like Vision Forum, an organization nearly synonymous with Phillips himself, couldn't see a path forward without his presence. Here is the frank statement on the closure: 

In light of the serious sins which have resulted in Doug Phillips’s resignation from Vision Forum Ministries, the Board of Directors has determined that it is in the best interests of all involved to discontinue operations. We have stopped receiving donations, and are working through the logistical matters associated with the closing of the ministry. While we believe as strongly as ever in the message of the ministry to the Christian family, we are grieved to find it necessary to make this decision. We believe this to be the best option for the healing of all involved and the only course of action under the circumstances.

It is difficult to overstate how fundamentally an extramarital affair damaged Phillips's reputation in the short term. That's because Vision Forum's work centered around the "restoration of the Christian household." In short, the organization enforced what it would argue is a Biblicly-based family structure where the husband serves as the spiritual and practical head of the household. His wife and children, especially any daughters not yet of marrying age, live under his dominion. Phillips's family, like the well-known Duggars, were also practicing Quiverfull adherents. That movement holds up procreation as the highest calling for (properly married) women, meaning that Quiverfull families grow quite large. Phillips has eight children, and the Duggars have 19 kids. Adherents usually home-school their children, rejecting the notion that anyone but the family and God should have input into a child's education. Family is central to, and the mission of, Vision Forum's entire reason for existence. 

But that doesn't mean that the movement itself is down for the count, nor does it mean that Vision Forum and Phillips will disappear completely. Vision Forum is actually comprised of two companies: the non-profit Vision Forum ministry, which had about $3.3 million in revenue in 2011; and a for-profit with a very similar name. In resigning from the ministry, Phillips announced that he would retain control of the for-profit company. The ministry paid Phillips a salary of $44,000 a year, and gave an additional $193,176 for "labor and services" to the for-profit company in 2011. Likewise, Monday's announcement of the closure of Vision Forum applies to the non-profit ministry only. The for-profit wing of Vision Forum is still selling downloads of Phillips's speeches and sermons. 

       

Three-Quarters of Americans Want a Minimum Wage Increase

When President Obama came out in support of a minimum wage increase last week, he was by no means getting ahead of public opinion. A poll released on Monday from Gallup shows that more than three-quarters of Americans support a hike, including a majority of Republicans.

The poll, complete data for which is at Gallup's site, marks a 5 percent increase in support since March. Support is slightly lower for an increase that's coupled to the rate of inflation, an idea Americans support by a more than two-to-one margin. The goal in indexing the minimum wage is to avoid the de facto salary cuts that come with the dollar's reduced buying power each year. If you make exactly what you made four years ago, you can buy less with it. The minimum wage has badly lagged the rate of inflation — and minimum wages are only increased in one-off Congressional votes.

Interestingly, support for a one-time minimum wage increase sees broad support regardless of political party. Most Americans also support an indexed wage, though a majority of Republicans oppose the idea. text { font-size: 11px; }

One-time increase
Indexed minimum wage

One reason Republicans might favor the policy more than might be expected is that Republican states often have a higher percentage of their populations who earn minimum wage or below, as this map indicates (using data from the Bureau of Labor Statistics.)

Red states also have a higher percentage of hourly workers who are earning minimum wage as opposed to a higher figure.

In part, this is because some states, like California, have minimum wages set above the federal baseline. Which itself reflects the poll numbers above: California's Democrat-heavy legislature has repeatedly voted to increase the state's minimum wage.