Steve Israel Looks to Count Juvenile Convictions

I’m very wary of this idea, mainly because the juvenile justice system has lesser due process protections than the criminal court system, such as the right to trial by jury. It was designed this way because the juvenile system is not supposed to operate in the traditional realm of crime and punishment, but as a means of rehabilitating a juvenile who had been adjudicated delinquent. At least that’s the theory. That’s why juvenile adjudications are treated differently than criminal convictions in the regular court system.

In most states the option exists to try juveniles as adults for serious, violent offenses. My preference would be that a juvenile be tried as an adult in these types of cases, which would remove his Second Amendment rights upon conviction. By applying a life-long civil rights disability to a juvenile, it defeats the point of the juvenile justice system. Presumably, much like Lautenberg, there would be an ex post facto component that would apply this retroactively, creating thousands of newly minted, and blissfully unaware felons overnight.

First Gun Use in Glacier

Via the Outdoor Pressroom, we have the first gun incident in Glacier National Park since the practice of carrying firearms was legalized in February. Is this the first use in the lower 48? A few weeks ago a hiker shot a grizzly in Denali, up in Alaska, which previously prohibited firearms. This woman shot the ground to scare away a deer, after her pepper spray failed to reach that far. Looks like the rangers issued her a warning rather than a fine. That seems to me to be the right thing to do. I’m not generally a fan of warning shots, but she was doing the right thing carrying the spray and the gun, which is what I’d suggest for someone venturing out into one of our big National Parks.

Drug Discovery Model Horribly Broken

I know this deviates from our usual topics, but if any of you have ailments out there that don’t yet have good treatments for, or have loved ones that do, this affects you. It affects me because I work in this field. Glenn Reynolds links to an excellent article in the xconomy.com about why the Drug Discovery model is horribly broken. Based on my knowledge of this business, it’s pretty spot on. Let me quote from it a bit:

Inexperience can play a major role when it comes to these failures, and the biotechnology industry, by virtue of being comprised of so many small, new companies, is especially vulnerable to that. One 2008 analysispublished in Nature Reviews Drug Discovery found that 95% of the industry’s Phase III failures in 2006 and 2007 were products originating from biotechnology companies. During the period analyzed in the article, 65 drugs seeking approval experienced regulatory setbacks and 16 of those had 3-month delays. The vast majority of products with delays came from biotech companies. The authors ventured that “many of these delays may have resulted from poor quality NDA submissions, rather than from flaws in the drugs themselves.”

Sounds like a harsh assessment, but it appears as though it’s fairly accurate, at least based on a conversation I recently had with Greg Dombal, managing partner at Halloran Consulting Group, which helps life sciences companies with regulatory and quality assurance issues. I met Dombal last week, at the dinner to kick-off Xconomy’s XSITE summit, and some of the things he said were truly surprising. He says, for example, that about three quarters of the life sciences companies his group sees “have some fundamental gaps in competence.” In a “solid” 30-40 percent, he says, some of the issues can be found at the “C level”—meaning the chief executive, chief operating officer, and other top executives.

This reflects what I’ve seen in this business as well. The root of the problem is that the management culture in Big Pharma discovery organizations is hopelessly broken. As the industry is shedding research capacity, a lot of these managers are finding themselves looking for new opportunity, or out of work altogether. If a few people get together and get an idea for starting a biotech company, the venture capitalists, many of whom don’t seem to really understand this business, are typically going to insist that experienced industry people be brought in to run the company. It’s the old “Wow, you have a good idea. Now here’s a bunch of money and a new CEO to help you run things.” approach. This is a recipe for disaster, because these are largely the same people who are destroying the research arms of the large pharmaceutical companies. Dysfunctional people seem to always have dysfunctional friends, and they will bring those friends on board.

There’s also, concurrently, been a trend in Big Pharma to push as much risk onto biotech and small pharma firms as possible. For most of the last decade, if you didn’t have a compound in phase II clinical trials, none of the Big Pharmas wanted to talk to you. The big problem with clinical trials is that, even if you lucked out and got a reasonably competent management team, and your idea panned out (itself a not insignificant risk), the regulatory hurdles are substantial. Most people coming from the research and discovery parts of Big Pharma have little to no experience dealing with the FDA, creating and filing IND applications, running clinical trials, or filing NDA’s. Having been through this process up to the end of phase I with the company I work for, it was an unmitigated disaster, with problems nearly every step of the way, largely because of inexperience and misstep.

The solution for the pharmaceutical industry is letting biotech and small pharmaceutical companies drive the discovery engine, with Big Pharma exploiting their core expertise in regulatory compliance and marketing. We can get a compound to the pre-clinical stage, but I agree with this article that generally it’s been a disaster to let these smaller, inexperienced companies to take the compounds into the clinic. Venture capitalists also need to get it out of their heads they need people with pharma management experience running these companies. If these people were any good at what they did, Big Pharma would still have productive research organizations. Yes, there are good people in this bunch, but there are a lot of bad apples. If the people bringing fourth ideas to be funded have a good idea, the requisite background in the field and industry, they don’t need someone with a big pharma management background to lead them. They need someone who’s been successful and getting small enterprises up and running, and leading them to success. I would argue some of the more successful technology CEOs are better suited to run these types of biotech and small discovery operations than many Big Pharma types.

Updated Post from FRC VP Tom McClusky

Yesterday I commented on a post by Family Research Council’s Vice President of Government Relations, which claimed that GOProud viewed national reciprocity for concealed carry license as a gay rights issue, implying it was part of the gay agenda to get gay marriage. Quite a leap I thought. Now they’ve issued a correction to their post, and update I would note that conveniently changes the URL of the post:

GOProud’s position on gun control we confused with a statement on Sen. Claire McCaskill (D-Miss.), so we corrected that – the rest of the facts below speak for themselves.  As for FRC being “against the Second Amendment.,  that claim could only be done in total ignorance.

For not being a second amendment group we have done more for those rights than any homosexual group can claim, including filing an amicus brief earlier this year in McDonald v. Chicago.  In fact with our opposition to the DISCLOSE Act we are doing more for the Second Amendment by defending the First Amendment then arguably the NRA is (just ask Gun Owners of America!)  Additionally, I personally, ever since they repealed the Eighteenth Amendment, am a huge fan of the whole U.S. Constitution from the first word to the last period – and will defend it from liberal activist judges who seek to misuse it to either redefine marriage or take away our right to bear arms.  Grover and his friends aren’t able to say that.

Wow.. so FRC is now claiming they’re doing more for the Second Amendment than NRA? They seem to have forgotten the first rule of Public Relations, “When one finds oneself in a hole, the first step is to stop digging.” For one, I’m pretty sure the folks over at NRA know Claire McCaskill is a Senator from Missouri, and not Mississippi. For two, it would seem FRC hasn’t been reading the same chess board I am.

I am glad that FRC has clarified its position on the Second Amendment, and I certainly do appreciate their support on our issue. But I still want to be sure that FRC is clear on the Right to Bear Arms being the birthright of all Americans, whether black, white, gay or straight. Comfortable with that? If that’s the case, we have no problem then.

DISCLOSE Voting Happening Soon

For once I am going to join with the Brady Campaign in opposing a piece of legislation in the form of the DISCLOSE act. The vote on DISCLOSE is going to be today. It’s important that we light up the switchboards if we want to stop this. You can find contact information here. It will be a huge embarrassment too Pelosi and the White House if this goes down to defeat.

Anti-Gun Groups Petitioning German Parliament

Apparently Germany’s strict gun laws are not enough:

The “Keine Mordwaffen als Sportwaffen” campaign is using Great Britain as the example of how it believes the German government should act. Following a shooting spree in the Scottish town of Dunblane in 1996, the British government banned the private ownership of all handguns, and confiscated thousands of weapons in exchange for financial compensation. The move was also the result of a massive popular campaign that collected over a million signatures, despite heavy criticism from gun lobbies and sports clubs.

Because that worked oh so well didn’t it? The nutjob still got a gun. BTW, “Keine Mordwaffen als Sportwaffen” means “No Murder Weapons as Sporting Weapons.” Since you can use any firearm as a murder weapon, that pretty much tells you what their agenda is, doesn’t it? What’s next? “Keine Mordmesser als Kuchenmesser?”

Machine Gun Sammy

I had almost forgot until SayUncle mentioned it that Alito was once called by our opponents “Machine Gun Sam” during his confirmation fight. Here’s why:

In a lone dissenting opinion as a federal appeals court judge in 1996, Alito argued that the federal ban on possessing machine guns was unconstitutional — a stand described by both admirers and detractors Tuesday as one of the most revealing cases in the lengthy judicial record of President Bush’s nominee to the U.S. Supreme Court.

I would note, however, that his reasoning in this case was based on commerce clause grounds and not the Second or Fourteenth Amendments. What makes me nervous about Alito was his deference to the government in his dissent in the Stevens case. My other concern is that he’s from New Jersey — he grew up in Hamilton about 15 minutes from where I live. I don’t know how familiar he is with the issue and the gun culture. Now Scalia is from New York City, but Scalia also is a hunter and a shooter, and even has stories about how you used to be able to carry a rifle on the New York Subway system without everyone freaking out. So my concern is likely a case of the jitters.

At this point I’m not worried that we have lost. I think we will have won McDonald at the end of the day on Monday. My worry is that we’re going to get dicta that’s less firm that we need it to be. Granted, the important thing is that we win, and it looking likely. Let’s hope my fears are completely unfounded, and this turns out to be a solid, decisive opinion.

Looks Like It’s Alito

Expect McDonald to be handed out Monday, the last day of the Supreme Court’s term. In the opinions handed down today, Justice Ginsburg wrote an opinion from the same sitting as McDonald. This likely puts her out of the running. You can all breathe a bit easier now, though, to be honest, I’m nervous about it being Alito. Hopefully this goes over well. Cross your fingers folks.

UPDATE: Opinions are handed down in reverse order of seniority, so if Alito is writing the opinion, McDonald will likely be among first case released among the set of opinions to be released on Monday.