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Soon You May Not Even Have to Click on a Website Contract to Be Bound by Its Terms

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This doesn’t seem right. Ian MacDougall reports in ProPublica:

If you’re like most people, you’ve probably clicked “I agree” on many online contracts without ever reading them. Soon you may be deemed to have agreed to a company’s terms without even knowing it. A vote is occurring Tuesday that would make it easier for online businesses to dispense with that click and allow websites that you merely browse — anything from Amazon and AT&T to Yahoo and Zillow — to bind you to contract terms without your agreement or awareness.

As public outcry mounts over companies like Facebook collecting and selling user information, the new proposal would prime courts and legislatures to give businesses even more power to extract data from unwitting consumers. If the proposal is approved, merely posting a link to a company’s terms of service on a homepage could be enough for the company to conclude that a user has agreed to its policies. That includes everything from provisions that allow the sale of customer data or grant the right to track visitors to policies that limit consumers’ legal rights by barring them from suing in court or in class actions. Some courts have already given their blessing to this practice. But the proposal up for a vote Tuesday is set to make those kinds of business-friendly rulings all the more common.

The proposal has outraged consumer advocates, state attorneys general and other constituencies. They see it as improperly tilting the scales in favor of business interests. They argue that the solution is creating clearer, simpler contracts rather than lengthy, confusing ones that are harder to find. The proposal’s authors counter that they have simply summarized trends in American law.

There’s been little discussion of the impending change in the general public. That’s because the vote isn’t before Congress, the Supreme Court or a regulatory agency. It’s before a private association virtually unknown outside legal circles: the more than 4,700 judges, legal scholars and practicing attorneys that constitute the American Law Institute. The new proposal was drafted by three law professors affiliated with the organization.

Almost a century old, ALI is about as elite an institution as the United States has to offer. It counts among its founders two chief justices of the U.S. Supreme Court — one of whom, William Howard Taft, was also the 27th president — and its membership is a who’s who of the American bar. Speakers at ALI’s annual conclavein Washington this week include Chief Justice John Roberts and former Justice Anthony Kennedy.

For decades, ALI has exerted profound influence over American law and life through the publication of what it calls the “Restatements of the Law.” The Restatements are, in essence, guidebooks to the common law. That body of law — created by judicial opinions rather than statutes — plays a central role in governing everything from property rights to contract disputes to who’s liable when accidents happen. But it’s a messy realm; courts in each state are free to create or put their own spin on common-law rules. The point of the Restatements is to clarify the common law and impose order on it.

The reputation of the Restatements is such that for decades courts have treated them as something close to an authoritative explanation of what the law is and where it’s heading. “The ALI is the unofficial College of Cardinals of the U.S. legal profession,” said Adam Levitin, a Georgetown University law professor and ALI member who has helped spearhead opposition to the new Restatement. “Even though its members are not representatives of the public, once the ALI approves these Restatements, lawyers, arbitrators, judges and justices use them as a handy reference guide to what the law is and should be.”

At the heart of consumer advocates’ objections to the Restatement is a section that substantially weakens in the consumer context a core concept of contract law — that a contract requires a “meeting of the minds,” with each party assenting to its terms. Instead, the Restatement requires businesses only to give customers notice of the contract terms and an opportunity to review them.

The Restatement provides examples of how little businesses need to do to bind consumers to their terms and conditions. In one hypothetical, a user simply browsing a website becomes bound by its terms of use because the homepage contains a notice that links to the language and reads, “By continuing past this page, you agree to abide by the Terms of Use for this site.” In another, a user becomes bound by the website’s terms merely by clicking a “Read More” button to access the full text of a webpage. (Companies can continue using “I Agree” buttons if they prefer.)

The authors of the Restatement — three professors from Harvard Law School, NYU School of Law and the University of Chicago Law School — contend that courts have reasoned there’s no need for businesses to do more, because nobody reads these contract terms anyway.

Consumer advocates and other critics acknowledge that nobody reads online contracts. But they argue the proposed cure is worse than the disease. They say it provides businesses an incentive to bury objectionable terms inside ever-longer and more impenetrable contracts — think Apple’s user agreements — instead of identifying better ways to alert consumers to significant or intrusive contract terms.

“Weakening the requirement of mutual assent is not only contrary to fundamental principles of contract law,” New York State Attorney General Letitia James wrote in a May 14 letter to ALI, “but will encourage a veritable race to the bottom, as market forces will drive businesses — which will know they can bind consumers to all but the most odious terms — to draft standard form contracts with egregiously self-serving terms.” The letter was signed by 23 other state attorneys general and top consumer protection officials. All but one are Democrats.

Worse still, critics claim, the proposed Restatement departs from the traditional role of Restatements — to synthesize the law as it is — and doesn’t accurately reflect the state of the law. Opponents assert that the Restatement’s authors have relied on faulty empirical methods and cherry-picking from case law to reach their preferred rules. “They’re being a little disingenuous,” Levitin said. “They claim they’re following what courts are doing, and this is out of their hands. Except that it all depends on some rather constrained readings of the cases.”

One lawyer who represents financial institutions offers a similar view. “It’s not a good portrayal of the common law of contracts as it applies to consumers,” said Alan Kaplinsky, an ALI member and partner at the law firm Ballard Spahr. (The firm has represented ProPublica in the past.) “This is more of a document expressing the aspirations of the three reporters — what they would like the law to be rather than what the law actually is.”

ALI and the Restatement’s authors dispute these claims. They have defended their methodology and say they have followed the traditional approach. . .

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Written by LeisureGuy

20 May 2019 at 2:09 pm

Rich white men rule America. How much longer will we tolerate that?

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Nathan J. Robinson, a PhD student in sociology and social policy at Harvard University and founder (in 2015) and editor-in-chief of the magazine Current Affairs, writes in the Guardian:

The core democratic principle is that people should have a meaningful say in political decisions that affect their lives. In Alabama, we’ve just seen what the opposite of democracy looks like: 25 white male Republicans in the state senate were able to ban almost all abortion in the state. The consequences of that decision fall exclusively on women, who will be forced to carry all pregnancies to term if the law comes into effect. And, as has happened in other countries with abortion bans, poor women will be hit hardest of all – the rich can usually afford to go elsewhere.

There is no reason to respect the legitimacy of this kind of political decision, in which those in power show no sign of having listened to the people they’re deciding on behalf of. Though plenty in the pro-life movement are female, the people who will be most affected are nowhere in the debate. Unfortunately, structural problems with the US government mean that we’re heading for an even more undemocratic future.

White men have never made up the majority of the US population, and yet from the country’s beginnings they have made up most of its political decision-makers. The constitution itself is an outrageously undemocratic document. People today are bound by a set of procedural rules that were made without the input of women, African Americans or native people. The framers quite deliberately constructed a system that would prevent what they called “tyranny of the majority” but what is more accurately called “popular democracy”.

That set of rules has been very effective at keeping the American populace from exercising power. James Madison was explicit about the function of the United States Senate – it was “to protect the minority of the opulent against the majority”. Indeed, that’s precisely what it does. As Jamelle Bouie points out, the Senate has “an affluent membership composed mostly of white men, who are about 30% of the population but hold 71 of the seats” out of 100. Though popular opinion may overwhelmingly favor universal healthcare and more progressive taxation, these policies are said to be “politically impossible” because the millionaires who populate Congress do not favor them.

We hear a lot about how the electoral college, the US supreme court and gerrymandered districts are undermining democratic rule. But it’s worth reflecting on just how deep the disenfranchisement really is. The supreme court is the highest branch of government, in that it can overturn the decisions of the other two branches. It consists of just nine people, all of whom went to Harvard or Yale and two-thirds of whom are men. Ian Samuel has pointed out the remarkable fact that, thanks to the way the Senate is structured, the senators who voted to confirm Brett Kavanaugh to the court received represent 38 million fewer people than the senators who voted against him.

The implications here are extreme. It simply doesn’t matter where the people of the US stand on union dues, campaign finance reform, or abortion. What matters is the opinion of nine elites, in many cases appointed by presidents who did not win the popular vote. A constitution written by slaveholders is being interpreted by a tiny room full of elites who have been given no meaningful popular approval. When you step back and look at the situation objectively, it’s utterly farcical to call the US government democratic.

The electoral college is, of course, its own problem. It’s difficult to know how elections would have gone in its absence – after all, people would campaign differently if success were measured differently. But there is something perverse and troubling about a system in which the person who gets the most votes loses the election.

Things are only going to get worse. The good news is that America is becoming an ever-more-diverse and in many ways more progressive country. By 2045 the US will lose its white majority, and despite Trump’s efforts to whip the country into a xenophobic frenzy, the American people are becoming steadily more sympathetic to immigrants. Most young people identify as socialists instead of capitalists, and on the whole people want a far more progressive set of national policies on economics, foreign policy and immigration than are currently being practiced.

But demographic changes do not automatically change the power structure, and it’s likely that we’ll see a conservative white minority taking extreme steps to cling to power in the coming decades. That’s why you see new voter ID laws and resistance to restoring voting rights to felons who have served their sentence. That’s why state legislatures draw districts in a way that ensures the party that gets the most votes doesn’t necessarily get the most seats.

The undemocratic nature of our institutions means that conservatives might well succeed in overriding popular sentiment for many years to come. If, God forbid, Ruth Bader Ginsburg or Stephen Breyer left the supreme court during Trump’s term in office, the radical right would be all but assured to have complete veto power over US policy for the next several decades. It’s very hard to undo gerrymandered districts or loosen campaign finance laws if the whole point of these measures is to keep the left out of power.

It’s hard to say where all of this will lead. If the court pushes too far in overturning democratic measures it will lose legitimacy and schemes like “court-packing” will come to seem more like necessary correctives than revolutionary disruptions. In a country whose electoral system still somewhat functions, there is only so much a government can do to keep people from exercising their right to rule, without resorting to totalitarian measures.

But that’s precisely why we may see increasingly totalitarian measures, as the gap between the will of the people and the interests of the small minority in charge continues to widen. History’s bloody revolutions show  . . .

Continue reading.

Written by LeisureGuy

20 May 2019 at 10:15 am

The Generic Drugs You’re Taking May Not Be As Safe Or Effective As You Think

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Since the four medications I take are all generic (and thus are inexpensive: a 3-month supply of all four drugs totals US$1.80). I dislike the idea that they are not well vetted. I notice that the GOP has consistently stripped of resources the agencies most important to protecting the public and funding the government: FDA, FAA, IRS, EPA, OSHA, CFPB, FTC, and so on. Republicans seem to be on a mission to destroy the US.

Dave Davies reports at NPR:

As the cost of prescription medication soars, consumers are increasingly taking generic drugs: low-cost alternatives to brand-name medicines. Often health insurance plans require patients to switch to generics as a way of controlling costs. But journalist Katherine Eban warns that some of these medications might not be as safe, or effective, as we think.

Eban has covered the pharmaceutical industry for more than 10 years. She notes that most of the generic medicines being sold in the U.S. are manufactured overseas, mostly in India and China. The U.S. Food and Drug Administration states that it holds foreign plants to the same standards as U.S. drugmakers, but Eban’s new book, Bottle of Lies, challenges that notion. She writes that the FDA often announces its overseas inspections weeks in advance, which allows plants where generic drugs are made the chance to fabricate data and results.

“These plants know that [the FDA inspectors are] coming,” Eban says. “I discovered [some overseas drug companies] would actually … alter documents, shred them, invent them, in some cases even steaming them overnight to make them look old.”

(In a statement to NPR, the FDA said that Americans “can be confident in the quality of the products the FDA approves” and notes it has “conducted a number of unannounced inspections” at foreign plants over the past several years.)

As a result, Eban says, generic drugs sometimes go to market in the U.S. without proper vetting. She describes the FDA as “overwhelmed and underresourced” in its efforts to ensure the safety of overseas drug production.

Eban advises consumers to research who manufactures their generics and look up any problems that regulators have found out about them. But some consumers may find they are not allowed by their health plan to switch to alternatives, because of cost.


Interview Highlights

On why many drug companies moved production overseas

There were a couple of reasons for this surge in globalization in the drug industry. One was environmental regulations. … How are you going to safely dispose of all the chemicals and solvents that you’re using? And … there was less environmental regulation overseas. But another one is: If you move your manufacturing plant to India, you’re going to save a huge amount on labor costs and supplies — ingredients — overnight.

And so what you saw was a huge migration, both of manufacturing to Indian-owned companies, Chinese-owned companies, but also Western- and U.S.-based companies, buying up manufacturing plants overseas and moving their manufacturing there.

On how the 1984 Hatch-Waxman Act changed the generic-drug industry

What it created was a pathway at the FDA, a distinct application process for generics, because prior to Hatch-Waxman, basically the generic companies had to do the same set of tests [and] clinical studies that the brand did, and Hatch-Waxman said, you know what? We’re gonna give you an abbreviated application. You can do the clinical studies on many fewer patients, because we’ve already proven safety and efficacy of this molecule in the human body.

But what Hatch-Waxman did that really ignited the generic-drug revolution is it gave the companies an incentive: The incentive was called “first to file,” and it said if you are the first company to submit your application — and literally first by the minute or the second — and you get approved, you’re going to get six months of exclusivity on the market to be the lead and only generic, and you’re probably going to be able to sell your drugs at about 80 percent of the brand-name price. And that “first to file” really became the difference between making a fortune and making a living.

On how some plants that make generics prevent FDA inspectors from doing thorough inspections

In several instances I documented, the investigators were poisoned in the course of their inspections with tainted water from the tap, which you can’t drink in India. They felt sick during inspections. I mean, this was a way of running out the clock. They were followed. In one instance, an investigator had his hotel room bugged. In some cases that I had heard about, [the plants] were trying to scan passenger lists in airports to try to determine exactly who was coming when. So there were elaborate measures that the plants took to try to protect against bad inspections.

On how the quality of generic drugs can vary depending on where the drugs are being sold . . .

Continue reading.

You can hear the interview at the link.

Written by LeisureGuy

20 May 2019 at 8:45 am

Boeing 737 Max Simulators Are in High Demand. They Are Flawed.

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Boeing seems to be surprisingly clueless. Natalie Kitroeff reports in the NY Times:

Since the two fatal crashes of the Boeing 737 Max, airlines around the world have moved to buy flight simulators to train their pilots.

They don’t always work.

Boeing recently discovered that the simulators could not accurately replicate the difficult conditions created by a malfunctioning anti-stall system, which played a role in both disasters. The simulators did not reflect the immense force that it would take for pilots to regain control of the aircraft once the system activated on a plane traveling at a high speed.

The mistake is likely to intensify concerns about Boeing, as it tries to regain credibility following the crashes of Lion Air and Ethiopian Airlines flights. In the months since the disasters, Boeing has faced criticism for serious oversights in the Max’s design. The anti-stall system was designed with a single point of failure. A warning light that Boeing thought was standard turned out to be part of a premium add-on.

“Every day, there is new news about something not being disclosed or something was done in error or was not complete,” said Dennis Tajer, a spokesman for the American Airlines pilots union and a 737 pilot.

The training procedures have been a source of contention. Boeing has maintained that simulator training is not necessary for the 737 Max and regulators do not require it, but many airlines bought the multimillion-dollar machines to give their pilots more practice. Some pilots want continuing simulator training.

The flight simulators, on-the-ground versions of cockpits that mimic the flying experience, are not made by Boeing. But Boeing provides the underlying information on which they are designed and built.

“Boeing has made corrections to the 737 Max simulator software and has provided additional information to device operators to ensure that the simulator experience is representative across different flight conditions,” said Gordon Johndroe, a Boeing spokesman. “Boeing is working closely with the device manufacturers and regulators on these changes and improvements, and to ensure that customer training is not disrupted.”

In recent weeks, Boeing has been developing a fix to the system, known as MCAS. As part of that work, the company tried to test on a simulator how the updated system would perform, including by replicating the problems with the doomed Ethiopian Airlines flight.

It recreated the actions of the pilots on that flight, including taking manual control of the plane as outlined by Boeing’s recommended procedures. When MCAS activates erroneously, pilots are supposed to turn off the electricity to a motor that allows the system to push the plane toward the ground. Then, pilots need to crank a wheel to right the plane. They have limited time to act.

On the Ethiopian flight, the pilots struggled to turn the wheel while the plane was moving at a high speed, when there is immense pressure on the tail. The simulators did not properly match those conditions, and Boeing pilots found that the wheel was far easier to turn than it should have been.

Regulators are now trying to determine what training will be required.

When the Max was introduced, Boeing believed that pilots did not need experience on the flight simulators, and the Federal Aviation Administration agreed. Many pilots learned about the plane on iPads. And they were not informed about the anti-stall system.

The limited training was a selling point of the plane. It can cost airlines tens of millions of dollars to maintain and operate flight simulators over the life of an aircraft.

After the first crash, Boeing gave airlines and pilots a full rundown of MCAS. But the company and regulators said that additional training was not necessary. Simply knowing about the system would be sufficient.

In a tense meeting with the American Airlines pilots union after the crash, a Boeing vice president, Mike Sinnett, said he was confident that pilots were equipped to deal with problems, according to an audio recording review by The New York Times. A top Boeing test pilot, Craig Bomben, agreed, saying, “I don’t know that understanding the system would have changed the outcome of this.”

[Before Ethiopian crash, Boeing resisted pilots’ calls for aggressive steps on 737 Max.]

Since the Ethiopian Airlines disaster in March, lawmakers and regulators are taking a closer look at the training procedures for the 737 Max, and whether they should be more robust. At a congressional hearing this week, the acting head of the F.A.A., Daniel Elwell, testified that MCAS should “have been more adequately explained.”

Boeing said on Thursday that it had completed its fix to the 737 Max. Along with changes to the anti-stall system, the fix will include additional education for pilots.SIGN UP

The company still has to submit the changes to regulators, who will need to approve them before the plane can start flying again. The updates are not expected to include training on simulators, but the F.A.A. and other global regulators could push to require it. . .

Continue reading.

Written by LeisureGuy

19 May 2019 at 5:07 pm

The nation’s first majority-female legislature is currently meeting in Nevada.

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It actually sounds like they’re doing well. Emily Wax-Thibodeaux reports in the Washington Post:

She didn’t plan to say it. Yvanna Cancela, a newly elected Democrat in the Nevada Senate, didn’t want to “sound crass.” But when a Republican colleague defended a century-old law requiring doctors to ask women seeking abortions whether they’re married, Cancela couldn’t help firing back.

“A man is not asked his marital status before he gets a vasectomy,” she countered — and the packed hearing room fell silent.

Since Nevada seated the nation’s first majority-female state legislature in January, the male old guard has been shaken up by the perspectives of female lawmakers. Bills prioritizing women’s health and safety have soared to the top of the agenda. Mounting reports of sexual harassment have led one male lawmaker to resign. And policy debates long dominated by men, including prison reform and gun safety, are yielding to female voices.

Cancela, 32, is part of the wave of women elected by both parties in November, many of them younger than 40. Today, women hold the majority with 23 seats in the Assembly and 10 in the Senate, or a combined 52 percent.

No other legislature has achieved that milestone in U.S. history. Only Colorado comes close, with women constituting 47 percent of its legislators. In Congress, just one in four lawmakers is a woman. And in Alabama, which just enacted an almost complete ban on abortion, women make up just 15 percent of lawmakers.

The female majority is having a huge effect: More than 17 pending bills deal with sexual assault, sex trafficking and sexual misconduct, with some measures aimed at making it easier to prosecute offenders. Bills to ban child marriage and examine the causes of maternal mortality are also on the docket.

“I can say with 100 percent certainty that we wouldn’t have had these conversations” a few years ago, said Assembly Majority Leader Teresa Benitez-Thompson (D). “None of these bills would have seen the light of day.”

Nevada didn’t reach this landmark by accident. A loosely coordinated campaign of political action groups and women’s rights organizations recruited and trained women such as Cancela, who became political director of the 57,000-member Culinary Workers Union before she turned 30. One of those organizations, Emerge Nevada, said it trained twice as many female candidates ahead of the 2018 midterm election as it had in the preceding 12 years.

Meanwhile, the election of President Trump in 2016 mobilized Democratic women nationwide, including in Nevada, where women already held 40 percent of statehouse seats.

Along with the gender shift has come a steady increase in racial diversity: Of 63 lawmakers in Nevada, 11 are African American, nine are Hispanic, one is Native American and one, Rochelle Thuy Nguyen (D), 41, is the legislature’s first Democratic female Asian American Pacific Islander.

The result may seem surprising in a state more often defined by the hypersexuality and neon-lit debauchery of the Las Vegas Strip. Until 2017, the legislature included an assemblyman who had briefly appeared as an extra in a film about women being kidnapped and forced to live naked in kennels, according to PolitiFact.

But that lawmaker, Stephen Silberkraus (R), 38, was defeated by a woman, Lesley Cohen (D), 48, who highlighted the film during her campaign. (Silberkraus told reporters that he had been unaware of the film’s sexual nature.) As a member of the Assembly, Cohen is leading a study on conditions for female sex workers in Nevada’s rural brothels, the nation’s only legal bordellos.

“Outsiders ask why and how Nevada — of all places — became first,” Cohen said. “But I say, why not Nevada? Why not everywhere?”

Carson City is a tiny frontier town, cradled among the snow-capped Sierra Nevada. For decades in the statehouse, charges of sexual harassment often were shrugged off or belittled, and bills sponsored by women were sometimes mocked.

In 2015, Sen. Patricia Ann Spearman (D), now 64, said legislative leaders refused to schedule a hearing on her bill to promote pay equity for women. “The boys club was like, ‘Why do we need that?’ ” she said. “It was a very misogynistic session.”

As recently as 2017, when the legislature approved a public referendum to repeal the “pink tax” on necessities such as tampons and diapers, one assemblyman argued against it, saying it would create a slippery slope.

“Can I add my jockstrap purchases to your list? You might argue it’s not a necessity, but I might beg to differ,” Jim Marchant (R) said at the time. Last November, voters agreed to repeal the tax — and replaced Marchant with a woman, Shea Backus (D).

Even now, female lawmakers in both parties say they receive anonymous phone calls from men commenting on their looks or threatening sexual violence. GOP women “share a lot of common ground and lived experiences with Democratic women,” said Assemblywoman Jill Tolles (R), 45.

80 nations set quotas for female leaders. Should the U.S. be next? ]

Still, Nevada also has long history of female leadership. The first woman was elected to the legislature in 1918, before the U.S. Constitution guaranteed women the right to vote. And although the state has never elected a female governor, it has had at least four female lieutenant governors, the first appointed in 1962.

These days, a giant banner strung across Main Street advertises a hotline for victims of sexual harassment and assault. Set up two years ago, after state Sen. Mark Manendo (D), now 52, resigned amid allegations of sexual harassment, witness tampering and other misconduct, the hotline has been buzzing during the current legislative session.

Many women called with allegations of harassment against Assemblyman Michael Sprinkle (D), 51, who stepped down in March. In a statement announcing his resignation, Sprinkle said that he was “taking full responsibility for my actions,” would “continue to seek therapy,” and asked his accusers and family for forgiveness.

“There’s change in this building that is just this amazing story of transformation,” said Assemblywoman Heidi Swank (D), 51, who helped bring the allegations against Sprinkle to light. “And it really highlights the importance of the female majority being not just here, but finally being heard.” . . .

Continue reading.

It seems they are doing great.

Written by LeisureGuy

18 May 2019 at 12:31 pm

If states truly want to reduce the number of abortions: Colorado’s Effort Against Teenage Pregnancies Is a Startling Success

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An ounce of prevention is worth a pound of cure. From the article below: “The state health department estimated that every dollar spent on the long-acting birth control initiative saved $5.85 for the state’s Medicaid program, which covers more than three-quarters of teenage pregnancies and births. Enrollment in the federal nutrition program for women with young children declined by nearly a quarter between 2010 and 2013.”

Sabrina Tavernise reports in the NY Times:

Over the past six years, Colorado has conducted one of the largest experiments with long-acting birth control. If teenagers and poor women were offered free intrauterine devices and implants that prevent pregnancy for years, state officials asked, would those women choose them?

They did in a big way, and the results were startling. The birthrate among teenagers across the state plunged by 40 percent from 2009 to 2013, while their rate of abortions fell by 42 percent, according to the Colorado Department of Public Health and Environment. There was a similar decline in births for another group particularly vulnerable to unplanned pregnancies: unmarried women under 25 who have not finished high school.

“Our demographer came into my office with a chart and said, ‘Greta, look at this, we’ve never seen this before,’ ” said Greta Klingler, the family planning supervisor for the public health department. “The numbers were plummeting.”

The changes were particularly pronounced in the poorest areas of the state, places like Walsenburg, a small city in southern Colorado where jobs are scarce and many young women have unplanned pregnancies. Taking advantage of the free program, Hope Martinez, a 20-year-old nursing home receptionist here, recently had a small rod implanted under the skin of her upper arm to prevent pregnancy for three years. She has big plans — to marry, to move farther west and to become a dental hygienist.

“I don’t want any babies for a while,” she said.

More young women are making that choice. In 2009, half of all first births to women in the poorest areas of the state happened before they turned 21. By 2014, half of first births did not occur until the women had turned 24, a difference that advocates say gives young women time to finish their educations and to gain a foothold in an increasingly competitive job market.

“If we want to reduce poverty, one of the simplest, fastest and cheapest things we could do would be to make sure that as few people as possible become parents before they actually want to,” said Isabel Sawhill, an economist at the Brookings Institution. She argues in her 2014 book, “Generation Unbound: Drifting Into Sex and Parenthood Without Marriage,” that single parenthood is a principal driver of inequality and long-acting birth control is a powerful tool to prevent it.

Teenage births have been declining nationally, but experts say the timing and magnitude of the reductions in Colorado are a strong indication that the state’s program was a major driver. About one-fifth of women ages 18 to 44 in Colorado now use a long-acting method, a substantial increase driven largely by teenagers and poor women.

The surge in Colorado has far outpaced the growing use of such methods nationwide. About 7 percent of American women ages 15 to 44 used long-acting birth control from 2011 to 2013, the most recent period studied, up from 1.5 percent in 2002. The figures include all women, even those who were pregnant or sterilized. The share of long-acting contraception users among just women using birth control is likely to be higher.

But the experiment in Colorado is entering an uncertain new phase that will test a central promise of the Affordable Care Act: free contraception.

The private grant that funds the state program has started to run out, and while many young women are expected to be covered under the health care lawsome plans have required payment or offered only certain methods, problems the Obama administration is trying to correct. What is more, only new plans must provide free contraception, so women on plans that predate the law may not qualify. (In 2014, about a quarter of people covered through their employers were on grandfathered plans, according to the Kaiser Family Foundation.)

Advocates also worry that teenagers — who can get the devices at clinics confidentially — may be less likely to get the devices through their parents’ insurance. Long-acting devices can cost between $800 and $900.

“There’s no lifeboat with the Affordable Care Act,” said Liz Romer, a nurse practitioner who runs the Adolescent Family Planning Clinic at Children’s Hospital Colorado, which went from giving out 30 long-acting devices a year in 2009 to more than 2,000 in 2013.

The state failed to get additional funding through the General Assembly this spring, a shortfall Ms. Klingler said would slow, but not stop, its progress.

Women’s health advocates contend that long-acting birth control is giving American women more say over when — and with whom — they have children. About half of the 6.6 million pregnancies a year in the United States are unintended. Teenage births may be down, but unplanned births have simply moved up the age scale, Ms. Sawhill said, and having a baby before finishing college can be just as risky to a woman’s future as having one while in high school.

Colorado’s program, funded by a private grant from the Susan Thompson Buffett Foundation, named for the billionaire investor Warren Buffett’s late wife, was the real-world version of a research study in St. Louis (also paid for by the foundation, which does not publicly acknowledge its role). The study came to the same conclusion: Women overwhelmingly chose the long-acting methods, and pregnancy and abortion rates plunged.

“The difference in effectiveness is profound,” said Dr. Jeffrey Peipert, a professor of obstetrics and gynecology at Washington University in St. Louis, who ran the study. The failure rate for the pill was about 5 percent, compared with less than 1 percent for implants and IUDs.

The methods are effective because, unlike the pill, a diaphragm or condoms, they do not require a woman to take action to work. And while an early incarnation, the Dalkon Shield introduced in the 1970s, had disastrous results, the modern devices are safe and have been increasingly promoted by doctors. Last fall, the American Academy of Pediatrics published guidelines that for the first time singled them out as a “first-line” birth control option for adolescents, citing their “efficacy, safety and ease of use.”

“There’s been a big shift in the mind-set,” said Dr. Laura MacIsaac, director of family planning for Mount Sinai Beth Israel in New York. “The demand is coming from everywhere now.” . . .

Continue reading.

Why doesn’t Alabama, Georgia, Missouri, et al. try that approach?

Answer: If they were serious about reducing abortions, they would.

Written by LeisureGuy

17 May 2019 at 1:59 pm

After men in Spain got paternity leave, they wanted fewer kids

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Apparently they had not realized that taking care of newborns is a lot of work.  Corinne Purtill and Dan Kopf report in Quartz:

In March 2007, Spain introduced a national policy granting most new fathers two weeks of fully paid paternity leave. The policy proved exceptionally popular, with 55% of men eligible in the first year opting to take the paid time. The amount of leave covered by the program was doubled in 2017 and expanded to five weeks in 2018, with additional increases expected between now and 2021.

Economists studying the effects of the original 2007 policy examined what happened to families that had children just before and just after the program began, and found differences in the outcomes. While the early cohort of men who were eligible for paternity leave were just as likely to stay in the workforce as the men who weren’t eligible, they remained more engaged with childcare after their return to work, and their partners were more likely to stay in the workforce as well. In that sense, the program seems to have done what policy makers would have hoped.

Unexpectedly, though, the researchers also found that families who were eligible for the paternity leave were less likely to have kids in the future. In a study published in the Journal of Public Economics (paywall), economists Lídia Farré of the University of Barcelona and Libertad González of University of Pompeu Fabra estimate that two years on, parents who had been eligible for the newly introduced program were 7% to 15% less likely to have another kid than parents who just missed the eligibility cutoff. While the difference dissipated further into the future, even after six years, parents who had been eligible for the leave were still less likely to have a child again.

The researchers suggest an intriguing reason why.

After paternity leave was instituted, surveys of Spanish men ages 21 to 40 showed they desired fewer children than before. Farré and González think that spending more time with their children—or the prospect of having to do so—may have made men more acutely aware of the effort and costs associated with childrearing, and, as the researchers put it, “shifted their preferences from child quantity to quality.”

At the same time, women started showing preferences for slightly larger families—perhaps a sign that having more children seemed more desirable with a slightly more equitable balance of labor at home. . .

Continue reading. Graphs at the link are interesting.

Written by LeisureGuy

15 May 2019 at 1:15 pm

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