An appropriate image

Yao%2005_04_23_vs_mavericks2.jpgThe Houston Rockets are engaged in a first round Western Conference playoff series with the Utah Jazz, which plays a style of basketball that reminds one of professional wrestling. Inasmuch as the Rockets play a rather plodding style of ball that revolves around their two stars — Tracy McGrady and Yao Ming — and attempts to minimize below-average players at the point guard and power forward positions, the first four games in this series have bordered on being unwatchable.
The fifth game in the series took place in Houston last night and began in the same boring manner as the first four. Then, midway through the second quarter, seemingly out of nowhere, the style of play quickened for both teams, players on both teams began hitting shots that they had previously missed for much of the series, and presto! — a real NBA playoff game broke out. The Rockets went on to win the surprisingly entertaining affair to take a 3-2 lead in the best of seven series.
One of the absurdities of NBA basketball is that the referees are often wildly inconsistent in the way in which they call fouls on certain dominant centers, allowing the opposing teams to pummel away on the big guys relentlessly without calling fouls, while calling fouls against the center that the refs wouldn’t think of whistling if the same action was inflicted on the center. Wilt Chamberlain was probably the first NBA center to endure this treatment, but many others — including Shaquille O’Neal recently — have experienced the same thing.
Well, the Rockets’ Yao is definitely experiencing this syndrome in the current series as the Jazz players hammer away on him with impunity. One image from the end of last night’s game speaks volumes about the absurdity of this syndrome. With over three seconds left in the game with the Rockets up by four points, Yao grabbed a rebound of a missed Utah shot and was grabbed by Utah’s Carlos Boozer to stop the clock. Although Utah’s chances were slim at that point, 3+ seconds in an NBA game is still enough time to get off a shot or two. Nevertheless, the referees refused to call a foul on Boozer, no matter how much he grabbed Yao. With a resigned look of “what the hell,” Yao finally just tossed the ball to one of the refs as the final few tenths of a second ran off the clock and started trudging toward the locker room, with scatches and bruises all over his arms clearly visible.
So it goes in the life of a big NBA center.

The Hurwitz conviction

Hurwitz050207.jpgYou probably have already heard by now that Dr. William Hurwitz (previous posts here) was convicted this past Friday afternoon on 16 counts of drug trafficking for prescribing opioid prescriptions to his chronic-pain patients. The New York Times’ John Tierney — who deserves an award for his coverage of the trial and the sad case of Dr. Hurwitz — interviewed three of the jurors after the trial and his findings are disturbing:

[The jurors] said that the jury considered Dr. William Hurwitz to be a doctor dedicated to treating pain who didnít intentionally prescribe drugs to be resold or abused. They said he didnít appear to benefit financially from his patientsí drug dealing and that he wasnít what they considered a conventional drug trafficker.
So why did find him guilty of ìknowingly and intentionallyî distributing drugs ìoutside the bounds of medical practiceî and engaging in drug trafficking ìas conventionally understoodî? After attending the trial and talking to the jurors, I can suggest two possible answers:
1. The jurors were confused by the law.
2. The law is a ass (to quote Mr. Bumble from ìOliver Twistî).
I canít blame the jurors for being confused, because thatís the norm in trials of pain-management doctors. The standard prosecution strategy is to charge the doctor on so many counts and introduce so much evidence that the jurors assume something criminal must have happened. Their natural impulse, after listening to weeks of arguments, is to look for a compromise by digging into the mountain of medical minutiae ñ and getting in so deep that they lose sight of the big picture.

According to Tierney’s inteview, the Hurwitz jury essentially convicted Hurwitz of not examining his patients adequately. Remarkably, the jurors were candid with Tierney that they did not understand the legal standard of “outside the bounds of medical practice.” Rather, they just decided “to go with our gut.”
Sound familiar?
Dr. Hurwitz’s conviction is troubling for medical professionals on several levels, not the least of which is described by a doctor in the following comment to Tierney’s post:

The Hurwitz persecution scares the bejabbers out of me. If I refuse to treat pain adequately that is a criminal offense. If I over treat pain that is a criminal offense. If I cannot tell a smooth, practiced, professional liar from real pain that is a criminal offense. I am expected to be all things to all people, omnipotent and infallible – and if I fail I will be stripped of my license or sent to prison.
Just recently I received a phone call that one of my patients was selling my narcotic prescription on the street. Was this real, a crank call, or a sting operation by the prosecutor? My only avenue of survival was to immediately file a complaint against the patient with BAYONET (a narcotics strike force). Welcome to 1984, Hurwitz jurors. So now that you have forced me to survive by turning people in to the secret police, how do you feel about coming to me and discussing your personal issues?

The message is clear. Pain specialists better be careful who they treat — and undertreat those patients who they elect to take on — or risk going to jail as a result of America’s draconian drug prohibition policy. The doctor-patient relationship has just become much more complicated. And not for the better.

O’Toole on Houston’s urban planning

rotoole.jpgCato Institute fellow Randal O’Toole was in town last week as the invitee of a Houston Property Rights Association luncheon and, by Tory Gattis’ account, provided an entertaining lecture on the overreaching nature of centralized urban planning and wasteful rail transit systems in various cities around the country. The Chronicle’s Rad Sallee caught up with O’Toole while he was in town, and notes the following observation by O’Toole on the impact of Houston’s biggest urban boondoggle:

Question: You say that for the most part, Houston gets it right, while Portland (Ore.), where you used to live, is a textbook example of government gone wrong. A lot of people would say it’s just the reverse.
Answer: Except for the light rail part, Houston really is a model for how urban planning ought to be done ó which is privately.

By the way, O’Toole has a new blog focusing on urban economics called the Antiplanner. Check it out.

OTC.07

OTC_logo_450.jpgOne of the biggest and most interesting annual Houston conventions is taking place this week at Reliant Park, the 2007 edition of the Offshore Technology Conference (previous posts here). See my previous posts for background on the conference, and the Chronicle’s Tom Fowler is blogging this year’s conference. Regardless of whether you are involved in the energy industry, the exhibit area of the OTC is fascinating and well worth a few hours if you can score a ticket.