Law and Magic Blog

Wave Your Hand, Get Your Water

Priests worried about the spread of swine flu have been shooing their flocks away from fonts normally full of holy water, saying say blessing oneself with H20, like shaking hands and other rituals, might exacerbate the catching of the disease, so what to do? Well, Italian inventor Luciano Marabese has come to the aid of Catholic churches and their flocks everywhere. He's come up with an "electronic holy water dispenser." It comes with a sensor that lets out a measure of the water when the parishioner waves his or hand under the device.  

Other religious organizations concerned about the spread of H1N1 are changing their rituals as well; see here in a Daily Telegraph article and here in a CBS News story.

Will Health Care Insurance Plans Include Complementary/Alternative Medicine Coverage?

So, have you thought about whether any of the health care bills would require that insurance plans cover alternative or complementary medical treatments? No? Check out this story from Newsweek magazine, which suggests that the CAM lobby has already made its arguments to the Hill.

Requiring insurers to cover therapies with unknown outcomes runs counter to the White House's push for medicine with a proven track record. The basic idea behind evidence-based medicine is that doctors ought to use treatments that have the best possible evidence that they work. What counts as the best possible evidence? Randomized clinical trials.... Clinical trials work fine for drugs, where trials can quantify and compare outcomes. But for alternative treatments, things like prayer or even yoga, the evidence gets much less clear; randomized trials are more difficult to conduct. "For drugs you have placebos and double-blinded studies," says Timmermans. "But you cannot have a placebo for testing behavioral interventions." So alternative treatments are essentially on an uneven playing field when it comes to evidence-based medicine. Timmermans admits that "it's not an equal-opportunity methodology."

...

Requiring insurers to cover prayer treatment may be a bit too extreme for health-care reform. More interesting to explore though, are other forms of nontraditional medicine, floated in reform bills, that have a stronger claim to an evidence base. Take, for example, complementary and alternative medicine, a field often criticized for unproven therapies. Some 38 percent of Americans use some form of it. Moreover, the field has increasingly embraced traditional research methods. Just a decade ago, the government established a National Center for Complementary and Alternative Medicine. The center studies "alternative healing practices"—anything from the use of echinacea to treat colds, to acupuncture for irritable bowel syndrome—"in the context of rigorous science." They use that gold standard Timmermans mentioned: randomized, clinical trials.

Here's a link to the National Center for Complementary and Alternative Medicine.

Now, I admit to practicing yoga, off and on, and I think (I think) it helps me feel less stress and it helps me calm down after a long day of magical legalizing. I know it helps my flexibility, but then so would, I suspect, going back to my ballet exercises. I do feel better when I downward dog and make like a tree, even though I don't Om. It annoys the felines. But I don't try to bill my health insurance company for my trips to the yoga studio. I'm not certain there's cause and effect there. Hey, I tried feverfew for my migraines, too, but I didn't see any amelioration there. Zippo. One of my primary care physicians explained that outcome--there's no quality control in the feverfew you buy OTC. Better to rely on the meds the neurologist prescribes, and mirabile dictu, my migraines have decreased significantly over the past few years. Hooray for modern medicine and Big Pharma (waving imaginary flag).

BigAppleCOR Good Without God Ads Will Adorn New York Subways

Reports CNN, groups calling themselves the Big Apple Coalition of Reason have commissioned ads to appear in the New York subway system beginning October 26 with the label: "A million New Yorkers are good without God. Are you?"

According to the Metro Transit authority, it will accept ads that don't contain nudity or offensiveness. Other than that, its walls are open.

According to the BigAppleCOR (get it?) website, the organization that make up the coalition are

[C]ommitted to a more compassionate world; we are working for a more reasonable citizenry and a higher level of discourse; we are striving to increase the quality of life for all; and we find fellowship an integral part of the human condition. Theists and nontheists alike are the same people: we go to work everyday; we have families and friends; we are involved in our communities, state, and country; and we care deeply about life.
 
Big Apple COR aims to inform New Yorkers that there is a community of people who share a rational basis for their worldviews, who attend intellectual public lectures, enjoy philosophy discussions, and socialize. We invite you to visit our various websites, to contact any of those in which you are interested, and to feel free to attend the public gatherings of any of our organizations.

One supporter of the BigAppleCor is magician Jamy Ian Swiss.

Neumanns Sentenced To Six Months In Death of Daughter

A Wisconsin judge has sentenced Dale and Leilani Neumann, convicted earlier this year of reckless homicide in the death of their daughter Madeline (Kara) to six months in jail each, to be served over a period of six years, and additional years of probation. Instead of taking Kara to a physician, the Neumanns prayed for her recovery when she fell ill. Kara died of complications from diabetes; health professionals said she could easily have been treated. The Neumanns will each serve a different month in jail per year, so that they can care for their other children, and the judge is requiring that a nurse examine the children regularly. He stayed the sentences pending appeal. Read more here. The Neumanns' attorney indicated that the couple does plan to appeal.

Freemasonry and Free Association

On NPR's All Things Considered, discussion with Mitch Horowitz, author of Occult America, of Jay-Z, and his interest in things metaphysical. There's something of a link, says Mr. Horowitz, with the Freemasons, and with our Founding Fathers, although it might be tenuous. Interesting.

Man Accused Of Killing Relatives In Naples, Florida, Says "Spirit" Was Involved

According to this CNN story, the man accused of killing his wife and five children admitted to a Naples Daily News reporter that he committed the crimes, and said that his mother-in-law "made him do it." "Her mom pretty much made me do it -- the devil, her spirit, whatever she worships." Here's CNN video on the story. Here's more from the Naples Daily News about the confession and state of mind of the accused, Mesac Damas, and about his flight back to the U.S. 

UK Advertising Standards Authority Upholds Complaint About Religious Ad's Statement Regarding "Blessed Oil"

The British Humanist Association (BHA) and two members of the public complained about an advertisement for the Universal Church of the Kingdom of God (UCKG) which included the following statement:

"My son was born with a heart problem. After a party he started bleeding from the mouth. I rushed him to hospital and the specialist said he had 16 loose arteries. He went into a coma, his heart stopped and both his lungs collapsed. Doctors and specialists expected him to die. At the UCKG I was given some blessed oil to anoint my son with. Now that his heart and lungs are better I thank the UCKG for all the spiritual support I received".

The ad further included the statement: "In accordance to the CAP Code, point 50.3, the UCKG HelpCentre's spiritual advice is to be seen as a complement to scientifically proven treatment you may be receiving. The UCKG does not claim to heal people but believes that God can through the power of faith. Always follow your doctor's instructions."

The BHA complained to the Advertising Standards Authority (ASA) of the United Kingdom that the ad implied that the blessed oil mentioned had some medicinal properties that could heal and the ASA investigated, asking the UCKG to substantiate the implied claims.

The UCKG responded:

1. UCKG pointed out that the testimonial stated clearly that the individual had received only 'spiritual support' from the church and that no other help was mentioned. They added that the reference to 'spiritual support' was previously suggested to them by the CAP Copy Advice team as an alternative to saying that the person received any sort of medical or physical help. UCKG said they had copies of the testimonial to demonstrate its authenticity.

2. UCKG stressed that it was not their intention to discourage anyone from seeking qualified medical advice as they did not offer any kind of advice for medical conditions, serious or otherwise. They pointed out that the disclaimer made clear that the spiritual support offered was to be used as a complement to scientifically proven treatment and that it added that a person should always follow their doctor's instructions.

3. UCKG believed that the reference to the CAP Code did not imply an endorsement of the ad, but merely that they offered prayer as a complement to other treatments. They said they had included the reference after referring a similar ad to the CAP Copy Advice team for advice.

The ASA considered that "the testimonial explained the medical difficulties experienced by the woman's son and that the medical staff involved in his treatment expected him to die. Although we considered that that made clear that proper medical treatment had been sought, we noted the testimonial also emphasised that UCKG had provided 'blessed oil' to anoint the child with before he subsequently recovered. We noted the UCKG argued that the ad made clear, in both the testimonial and explicitly in the footnote, that they offered only 'spiritual support' and noted UCKG had previously sought CAP Copy Advice over the use of the term. However, although we considered that it was a reasonable way to describe the support UCKG offered, the surrounding claims also went further. We considered that some readers were likely to infer from the ad as a whole that anointing oil had played some role in the sons recovery. Because UCKG had sent no evidence to support such an implication, we concluded that the ad was likely to mislead. On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 14.3 (Testimonials and Endorsements), 50.1 and 50.27 (Health & Beauty Products and Therapies)." Thus, the ASA ruled that the complaint should be upheld.


The ASA "noted the ad referred to a serious medical condition. Although the testimonial explained that the woman had sought medical treatment for her son's condition, we considered that, because some readers were likely to infer from the ad as a whole that anointing oil had played some role in his recovery, the ad could discourage people from seeking essential treatment by implying that the oil had a curative effect. We therefore concluded that the ad breached the Code. On this point, the ad breached CAP Code clause 50.3 (Health & Beauty Products and Therapies)....We noted the footnote stated "In accordance to the CAP Code, point 50.3 ..." and considered that readers were likely to infer from that that the ad complied with that CAP Code clause. We considered that that was likely to be seen as an endorsement by CAP, which was a breach of CAP Code clause 14.6, and concluded that the ad breached the Code. On this point, the ad breached CAP Code clause 14.6 (Testimonials and endorsements)....The ad must not appear again in its current form."

Read the entire ruling here. Here's coverage from a Guardian article.

What is interesting is that the ASA does not address the UCKG's defense, which is that it relied on the advice of the CAP Copy Advice team in constructing its advertisement. Note that the CAP Copy Advice team website says explicitly in response to questions about complaints lodged with the ASA and ASA adjudications:

Does seeking CAP Copy Advice prevent me from getting into trouble with the ASA?

It goes a long way towards doing just that and we know of no better way to prevent problems with the ASA.  But we cannot guarantee either that the ASA will see things exactly the same way as we do or that an ad will not provoke complaints that will be investigated by the ASA.

With more subjective issues such as taste and decency, public sensitivities change over time so the ASA might receive complaints about something that has not previously been a problem.  As part of the investigation process, the ASA will check if CopyAdvice was consulted.  The adviser who dealt with your enquiry will explain the potential problems that were identified and what the recommendations were for changes.  If it sees that you tried to avoid provoking complaints, the ASA will bear that in mind when reaching its decision.

What are the qualifications of the advisers?

Our advisers bring a wealth of experience ranging from law to advertising, finance, and environmental management.  They have been trained to fully understand the CAP Code and how it has been interpreted by the ASA in the past.  They keep abreast of complaints made to the ASA as well as all ASA adjudications, whether or not the ASA Council upheld the complaint.  It would be fair to say that no other service is better informed of the requirements and application of the non-broadcast advertising Codes than Copy Advice!

Please note: our advisers do not give legal advice.

 

In the UCKG case, the ASA does note that the Church sought the advice of the CAP Code advice team. "We ...noted UCKG had previously sought CAP Copy Advice over the use of the term. However, although we considered that it was a reasonable way to describe the support UCKG offered, the surrounding claims also went further." The problem for the UCKG seems to have been in the "going further," specifically in the close connection of the sentence about the "blessed oil" provided, which was more than just spiritual support, and the sentence about the recovery of the patient, and then with the addition of the note about the compliance with the Code.

 

Statues (Not Statutes) For Sellers

I posted a story about St. Joseph statutes a while ago, but apparently they're still hot, so to speak. According to the New York Times' Peter Applebome, some real estate agents are still using the figurines to try to encourage home sales, burying them variously on the grounds of properties on the market.

It’s not completely clear when the tradition began, and devotees disagree over how best to participate. Head down? By the “for sale” sign? In a flowerpot? But it has been adopted by many real estate agents, who suggest that sellers, particularly in this market, give the statue a chance.

Read more here. As for me, I'd rather price my property for the market, hire a good agent, and be prepared to negotiate as necessary.

Michael Shermer and Really Critical Thinking

Funny Mr. Deity episode this week, as Michael Shermer (the Michael Shermer) tries to talk his way into Heaven. Dr. Shermer poses the Ultimate Question: if we have free will, can we really exercise it? Sponsored by The Private Chef.

Praying For Rain

Texas is suffering from drought, and while some folks counsel patience, others are trying prayer, according to this article from the Houston Chronicle. Says reporter David Barron,

The drought prompted retired astronaut Charles Duke, who lives in New Braunfels with his wife, Dotty, to suggest a citywide prayer service Thursday afternoon to beseech the Almighty for a timely shower.

There was a brief shower before Thursday's service and a heavier downpour Friday night, so Duke is encouraged that the city's prayers may have been heard.

...New Braunfels Mayor Bruce Boyer said residents are being specific with their prayers. “We are praying for moderate, consistent rain,” he said, laughing. “We don't want any floods.”

Another reporter, for the Austin Statesman, asked about similar prayers sponsored by churches, but hasn't gotten any specific responses yet. I've seen nothing about government officials requesting, urging, or sponsoring prayers, though, as some have done in the past.