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An excerpt from the hearings on the major questions doctrine and separation of powers with Congress. JUSTICE ROBERTS: Sometime ago you dismissed the applicability of the major questions doctrine, and I -- I want -- want you to explain that a little bit more. I mean, it seems that it might be directly applicable. You have a claimed source in IEEPA that had never before been used to justify tariffs. No one has argued that it does until this -- this particular case. Congress uses tariffs in other provisions but -- but not here. And yet -- and correct me on this if I'm not right about it -- the justification is being used for a power to impose tariffs on any product from any country for -- in any amount for any length of time. That seems like -- I'm not suggesting it's not there, but it does seem like that's major authority, and the basis for the claim seems to be a misfit. So why doesn't it apply again? GENERAL SAUER: Well, we agree that it's a major power, but it's in the context of a statute that is explicitly conferring major powers, that the point of the statute is to confer major powers to address major questions, which are emergencies. So it would be unusual... And another excerpt from the hearings on fentanyl- JUSTICE KAGAN: And, in fact, you know, we've had cases recently which deals with the President's emergency powers, and it turns out we're in emergencies everything all the time about, like, half the world. GENERAL SAUER: Well, this particular emergency is particularly existential, as Executive Order 14257 says, and, of course, no one disputes the existential nature of the fentanyl crisis, which, you know, we had an agreement last week to create progress on, which illustrates the effectiveness of the tariffs tool (this refers to the agrement with China last week by Nov 1 that cuts the 20% tariff from 20% to 10% if China completely cuts off flow of fentanyl from inside its borders.)  Clearly some in the US have not grasped the existential nature of the fentanyl crisis, a crisis of proportions so great that it would be an existential crisis for any nation. A concentration of the world's manufacturing in one nation with a trade surplus of $1 trillion with the world is also an emergency that extends into the existential sphere. ...

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Angela Mortimer of Britain who overcame hearing loss to win Wimbledon tennis with Rod Laver in 1961. NYT looks back at an exceptional career in which she competed with Christine Truman of Britain and Althea Gibson of the US in tennis championships. 

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David Brooks of the NYT comments on the Hillary Clinton interview by Goldberg in the Atlantic magazine, where she criticized U.S. president Obama for a weak foreign policy and failure to act in Syria. Brooks says Obama's failure to act in the robust manner Clinton is advocating only leads Obama into situations where he is forced to act later as the situation deteriorates with more serious consequences for the U.S. By not acting in a timely manner the U.S. may be forced into greater involvement later, which makes Obama's "don't do stupid stuff" less of a sound idea than it appears. As Clinton points out not leading to better decisions in the same manner as the Bush-Cheney jingoistic policy making.

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As Biden launches his bid for reelection in 2024 a look at Pew Research analysis of the 2020 election shows that he significantly narrowed the margins Mr. Trump had in his favor in 2016 among married men and among veterans. As NYT's assessment of the Pew Research shows it was the support gained among moderate to conservative voting groups that won the election for Biden, not the traditional Democratic constituencies among minorities where Mr. Trump had in fact gained some ground in 2020. With married men and with veteran households Trump could manage only a ten percentage lead in each, 54% Trump to 44% for Biden in 2020, a huge difference from the big gaps in 2016 of 30 points. This probably decided the 2020 election for Biden. Some of this goes back to 1913 election of a professor at Princeton, New Jersey, Woodrow Wilson. Theodore Roosevelt had split the Republican party in the previous election by supporting his nominee Taft and fighting the election against Taft in 1913 after differences emerged with Taft. Wilson was the Democratic candidate with a strong agenda for workers rights during a period of income inequality as there is today. A similar situation is also seen in the 1948 election with Democrat Harry Truman defeating Republican Dewey after putting forward a Fair Deal in a program to protect workers and families following war and economic depression. ...

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The title says this but Biden has not blown it by conducting discussions on the debt ceiling with Kevin McCarthy, Republican leader in the House of Representatives. Krugman presents MAGA Republicans as controlling the House. The situation is a bit more complicated than that as the Republican margin is only 222-213 with moderates who could move in Biden's direction if a default is impending. Previous articles in the NYT and WSJ have shown how the president has his own set of options including  simply ignoring the ceiling or citing a part of the Constitution of the US that gives the president the authority to conduct the business of the country in such a situation. Mr. Biden is taking the situation as calmly as possible, as the midterms have also given the president a situation where he sees the country on his side with Democrats needing only a few moderates in the Republican party to support him. Mr. McCarthy has his own reasons to support Biden as he supports president Biden in the task of backing up NATO and Ukraine. Having discussions with McCarthy keeps the country together at a time when Ukraine has a planned counter offensive to defend the country. Biden was able to achieve legislative achievements that are comparable to FDR and Lyndon Johnson because of his calm and patient approach. ...

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Paul Krugman in NYT explains the failure of Silicon Valley Bank. He says the bank invested its money in safe Treasury bonds which fell in value with Fed's policy of sharp increase in interest rates to fight inflation. It presented itself as the bank for people in Silicon valley and succeeded more than it imagined possible leading to these investors putting their money at SVB bank. However Krugman points out SVB bank did not put this money from deposits into startups, it put these deposits in safe US Treasury assets. It is Venture Capital that put its money in the startups at Silicon Valley, then panicked and set in motion a bank run that led to $42 billion withdrawals on one day Thursday March 9. These SVB assets have value says Krugman. Over time the government says Krugman will get much of its money back from these Treasury assets of SVB.  Then why the government rescue by president Biden? A bank run of this type undermines confidence in other regional banks affecting the US banking system in a way that is totally unnecessary when the banking system as a whole is safe. In fact the Fed vice chairwoman Lael Brainard understood and made clear these risks says Krugman, and she now heads Biden's national Economic Council.   ...

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The epitome of massive distortions in the way capital is allocated in capital markets of the last two decades even as healthcare, childcare, manufacturing technologies and infrastructure was starved of captal funding is Masayoshi Sen and Softbank which posted a $23 billion loss in the April-June 2022 quarter. This is one and half times the loss in the first quarter. Heard on the Street in WSJ dismisses Mr. Sen's contrition on these losses as this will continue into the future it says, and is simply the style of these types of extreme speculation funds. It obscures a larger problem in society and in America and Europe of capital markets giving the pass on such wasteful use of capital on huge scale amounting to trillions of dollars and not funding desperately needed healthcare, education, infrastructure, childcare and other needs of the 900 million people in these countries. Even the claims of profits hangs hollow on the necks of these investments, with dubious selection of many projects. Capital returns are insignificant or zero as the WSj says many of Softbanks funds have net zero gains since 2017. Yet extravagant demands for capital are met with extravagant supply where the needs or reasoining are the least credible in today's distorted capital market allocations causing egregious harm to the 900 million people of the US and Europe.   ...

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The need for earth friendly diets is shown in this editorial in The Guardian. Animal based products account for 57% of greenhouse gas emissions compared to 29% for food from plants. An outsize meat and dairy industry accounts for about 15% of the world's greenhouse gas emissions according to UN message in 2021. Mr. Dimpleby is Britain's food minister. He says a 30% reduction in meat eating would make it possible to have sustainable land use in Britain. The Guardian says high income countries are eating double the meat, poultry and fish products that they should be eating for living within the planetary sustainable living boundaries- that is to have no net environmental damage. Go back to the periods before 1600 and European, American, high income countries consumption of animal based foods was a fraction of what it is today.  A new legal regime is seen as a fair, just and sustainable living oriented solution. The Netherlands is doing just this to reduce the size of its large animal and dairy industry as a step towards more sustainable living and planet. It is not easy to convince farmers yet the public supports such a move. With the fires, floods and drought in Europe there is increasing awareness that action needs to be taken even where it is difficult.  ...

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Neil Irwin of the NYT provides some positive news on U.S. housing. Access to housing at affordable prices is improving as more home are built at the lower end. In July home buyers bought single family houses at the annual rate of 654,000, highest since 2007, according to government reports. This is an increase of 31% over 2015. Builders are building new houses at the rate of one million homes a year every month since April 2015. Census Bureau report shows median sale price at 294,600 for new homes in July down from $310,500, largely because more homes are being supplied which is good for first time buyers. And home price increases are moderate, about 5% a year for the last 2 years, based on S&P/Case Shiller home price index composite of 20 cities. The home ownership rate is now at 62.9%, and though this is down from 69% in 2016, this is close to the 63-64% that prevailed during the period from 1965 to the eighties.  It could move higher as the economy improves and supply at the lower end increases further, but other factors are present such as delaying buying a house as student debt has soared, or not buying at all because of lack of affordable prices. Investment in housing is likely to increase- at 3.8% of GDP it is still below the 4.6% average since 1947.   ...

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Ivan Penn , Tim Gruber of NYT show how Tim Walz's Minnesota is taking Climate Change Action to be 100% Clean Energy by 2040.  Hovering over Becker, Minnesota, along the Missisisippi river is a coal powered electric plant. Next to corn and potato farms are acres of solar panels intended to pass solar energy to the Sherco solar energy plant in the neighboring area for transmission. It will replace 3 coal powered units at Becker's electric plant. Becker is only one of seven such Municipal areas called Coalition of Utility Cities that will make he shift to solar. What happens to 240 workers at the coal plant owned by Xcel Energy? They will not be layed off says Xcel and the state provides funds to retrain workers. Some will be employed at anuclear plant owned by Xcel. The state provides 4.75 million for retraining, and $20 million for a new industrial park that will generate new jobs. Additional jobs created at Form Energy in Massachusetts that makes the battery storage systems for Sherco/Xcel. It is a culture change for workers and for sceptics. A 1.9 million ton coal pile sits outside Becker to last 100 days- coal related pollution will decline and improve health.      ...

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About 105,000 airings of ads on immigration making up 42% of all Republican ads in battleground states are on the Immigration issue since Harris became candidate July 22, according to WSJ analysis. WSJ polling shows 59% of respondents favored the bipartisan Senate deal negotiated by Republican Senator Lankford with Biden which Trump rejected in February. This deal would have effectively closed the Border, added Border Patrol resources, and would have passed says Lankford in NYT if it came only 3 months earlier in December 2024 before Mr. Trump won the primaries. Mr. Trump rejected the deal preferring to run on it, leading to action by Biden to do this with executive orders and cut illegal entry. This means less advertising for discussing the Economy and less for Inflation, which is the top issue says WSJ polling, immigration coming in second.   WSJ cites the Congressional Budget Office on the number of legal migration in the Biden term as 4.5 million, and illegal entry at 4.5 million. Instead the Trump-Vance Republican campaign is using the figure over 4 times that for illegal migration of 20 million without saying why and makes less distinction between legal and illegal entry, says WSJ. And makes statements that economists say is not the case that this will solve the housing supply and cost crisis, and other cost of living pressures. ...

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This Editorial Board opinion in the WSJ says the covid test requirement for travelers from China is inadequate because it does not apply to travellers from Europe. In the early part of the pandemic travelers from Europe brought the virus to the US. The virus first spread to Europe from China before entering the US. It does not go into effect for another week. WSJ cites reports that show the surge in cases in China is already accelerating in cities like Shanghai.

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President Biden reassured yet also cautioned Israel by saying that in the rage over the Hamas attacks Israel should "not be consumed by it."  And make mistakes that the US made after the 9/11 attacks of going too far, losing world sympathy and entangled in decades of conflict in Iraq and Afghanistan. He also stated that US information showed that Israel had not bombed a Gaza hospital, that the damage came from rocket attacks within Gaza.

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Segregated enclaves are considered "parallel societies" that do not fit into Danish culture or Danish law.  In the past these immigrant communities stayed separate culturally from the rest of the country where people did not learn Danish and participate in the wider society, and yet benefitted from the welfare system's benefits. Young children in preschools will now be required to take 25 hours a week in preschools that teach the  Danish language and help them integrate culturally.

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How homeowners leaning Republican not supporting climate change action, generally not opposed to fossil fuel use in Arizona, turned against utilities setting up plants to use gas for electricity. They did this because of the effects on seniors health of unhealthy air quality, plant location next to their homes, and the flagrant way utilities operated. With its sunny days and weather Arizona is suitably placed to generate more solar energy than the national average, instead it lags behind.

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Ruben Gallego is Democrat elected to the US Senate from Arizona defeating Republican Kari Lake 50% to 47.8%. Ruben Gallego, Latino activist, took a different approach to immigration enforcement criticizing the Biden administration for not forcefully tackling the surge at the Border in 2022. By 2023 he supported bipartisan legislation that was negotiated by Feb 2024, which by that time failed to get full support. The return of migrants to their home countries was not properly addressed in the legislation.

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A wealth tax passed by voters in 2022 in Massachusetts of 4% on incomes exceeding $1 million, yields 3 billion dollars in 2024. Other states are looking at doing this on income over $500,000 for married couples. This includes Minnesota, Maryland, Washington and other states that are seeing a shortfall in taxes and need to offset the loss of federal funding by the DJT administration for Medicaid and other services. The results in Massachusetts shows the revenue forecasted is exceeded proving that millionaires do not always move because they do not want to uproot homes and education of children. There is also an offsetting factor as federal rules under DJT have favored the wealthy in the tax code.

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President Trump says before a summit meeting with Kim Jong Un of North Korea that the U.S. will not make the mistakes of the past where sanctions relief did not stop the North Korean nuclear weapons program. North Korea will be required to substantially give up and dismantle its nuclear program for serious sanctions relief. The North Koreans favor a phased approach. The U.S. will work to make sure that any dismantling of the nuclear program is such that it is irreversible, so that earlier mistakes where the North Kroeans simply restarted the nuclear work are not repeated.

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China, India, Brazil, Mexico, South Africa, Argentina, Saudi Arabia, countries that are part of the G-20 are not part of the G-8. Without the developing countries no real progress can be made on climate change or on emissions control. Climate change was a key focus of this summit in Itlay for the G-8 but with India and China only on the sidelines and acting more as an opposition excluded from the main deliberations the whole climate change agenda had to be shelved. The European countries lose influence in an enlarged summit so the G-8 keeps going along. Sweden holds the rotating Presidency of the EU, so the Swedes are there also. And so is Portugal in away with Manuel Barroso representing the European Commisssion. Except Japan, Asia is not represented, and no country from Africa or Latin America is represented. The European club looks like an anachronism and it is. Merkel and Sarkozy say they know this, but there is too much resistance in Europe to giving up this privilege. When the Guardian reported that Italy may be left out in future meetings of an expanded summit. the Italian press and the Italian prime minister Berlusconi denounced the report. Other countries that lose influence in an expanded arrangement are Canada and Japan. ...

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Gerald Seib of the WSJ says president Biden is coming back with new actions to revive the Democratic agenda after a challenging period in the first year. Yesterday's first formal press conference of 2022 gave Biden an opportunity to respond. Why the WSJ, NYT, did not cover on their online edition front pages president Biden's first formal press conference on Jan. 19, after 1 year of the Biden administration, will remain a mystery. With the American press acting this way it did not take much for Germany's DW.com to run the story with the title "Biden's first year weighed down by disappointment," with a thoughtful Biden at the press conference replaced by a picture of Biden staring downwards.  This is only the first year of the Biden administration. Actions are planned to ease the supply chain situation and bottlenecks at ports. Much is made of inflation, Afghanistan, Ukraine, by Republicans assailing the Biden record. President Biden responded to this by asking at the press conference what Republicans are for. On Afghanistan Biden held firm on not investing billions of dollars every week when there is so much need in America and the rest of the world at this time of the pandemic after a failed adventure for 20 years in "a graveyard for empires."  Biden pointed to the bright spots in 2022- vaccination and testing achievements in the face of anti-vax sentiment with 200 million vaccinated, the job creation in the economy with unemployment way down and wage increases by employers, and the $1 trillion in infrastructure spending tackling much needed projects state by state with immediate impact. Rarely has a president faced so many challenges in the first year as Biden pointed out- vaccination drive in the face of the Delta variant and anti-vax sentiment, the Ukraine crisis with a president Truman period like event of the Berlin Wall coming up just potentially around the corner, and efforts to tackle problems left untackled for a generation in infrastructure, for working families and climate change. Scoring on infrastructure spending, one of the three, with the other two for working families and climate change to be tackled in the remaining three years and beyond.  Biden also told the American audience at the press conference that he was reminded of what his father used to tell him- that if all goals are equally important, nothing is important. In saying this he said help for working families through child tax credit, child care assistance, community college education funding, health care costs, climate change investment were priorities for his administration that would be tackled step by step. And he pointed out from the outset of the conference that only one or two senators were blocking the party's plan for children and working families. All 48 other senators were united in the Democratic party behind his plans for workers and families. As were 5 Republican senators who he said he would not disclose because of confidentiality. In that sense president Biden already has the majority he needs in Congress. This is not happening because of the peculiar situation of the 2016 and 2020 elections in the US and also in Europe- the historical problem of administrations of Democrats in US, Social Democrats in Germany, and Labor in Britain having give up on their working class families and middle class roots. Tech revolution and internet has further complicated the situation with economic changes, tech companies not paying taxes normally due, and tech workers shifting to Democrats yet living in a world distant from working class families fracturing social cohesion. This is changing in Germany with Scholz in Germany with the help of the Greens determined to restore the dignity of working class families, for Biden with a similar coalition, and a process underway in Britain as Labor returns to its roots. In essence Biden was saying- the process of unwinding decades of unwise policy that hurt America as a nation and leader of the free world would take time, requiring a patient step by step approach. To bring America closer to its own roots and Jefferson's immortal words of "all men are created equal and endowed by their Creator with certain unalienable Rights, and among these are Life, Liberty, and the pursuit of Happiness." Jefferson went on to say in the Declaration that when government becomes destructive of these ends it is the Right of the People to alter it.   ...

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From north east Indiana and Indiana University SVB CEO Becker works his way up to a bank in Detroit with offices in California, and joins SVB in his twenties. He opened SVB's office in Boulder in 1996 and became president in 2008. Two things made SVB different. It seemed like the 2008 crisis had never happened. The management at the company Becker, Beck, and another executive Descheneaux hired from Bancwest, acted more like tech entrepreneurs and much less like bankers. They seemed to have mastered the way of optimistic talk to tech entrepreneurs, the language the culture, and did not share the same grasp of the economic environment of others who had weathered the 2008 crisis. For most of 2021 the company did not have a risk officer, according to the WSJ. And did not see the aspects of duration risk in having assets invested in long term Treasury's when interest rates were increased by the Fed rapidly to fight inflation decreasing the value of bonds. Startups and SVB management in their optimism both ignored the risk of not having the backing of FDIC insurance as insurance is limited to $250,000 in deposits, and most of the SVB's deposits were much larger. The US government wary of criticism of a bailout insists the FDIC backing provided to prevent systemic risk will not cost the taxpayers as it will come from a special assessment on banks. Nothing better explains the collapse than a look at the graphs of SVB's deposits in this WSJ report, in 2019 deposits and financial assets increase at about 50%, at about 100% doubling in 2020. Stock performance mirrored this.  By 2020 the supply chain disruptions were real and inflation was taking off, the Fed under Jay Powell was taking up the fight against inflation with sharp rise in interest rates. SVB did not grasp the seriousness of the situation. Venture capital gleaned the risks as they mounted and a bank run with withdrawals of as much of $42 billion led to the collapse.   ...

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Krugman says China's inflation is raising labor costs in China, and in this way gradually reducing the undervaluation of the yuan vs the dollar. But he cautions this would take a long time, 4-5 years. The U.S. faces the costs of high unemployment close to 10% today, and this requires serious efforts now to reduce the undervaluation. It alone will not solve America's problems. It is one of a number of actions that need to be taken and not put off again.

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Mike Clancy of The Prospect writes in The Times of London that he has found that two thirds of remote workers working from home would like to have the right to unplug from work and not be expected to connect with the office at some point in the day, and that this would have a hugely beneficial impact on mental health.   The biggest problem that workers working from home have found during this pandemic for one year now is that it blurs the line between work and life outside of work having a negative impact on one's mental health. Surveys have found that about half of remote workers like the idea of working from home, having time from commute and being able to be have more freedom from being tied down to the office space. Companies are looking at cutting about 25 to 50% of office space but have not looked at the problems workers have and not set new rules about when the line for work is set and workers can cut off from work and not be expected to be reachable by the office. Clancy even goes on to say that companies have looked at the problems of the last century not this one and largely stayed away from tackling the real problems of workplace- stress, burnout and surveillance. Lyrarc recommends readers look at the way Germans approach this idea of blurred distinctions between work and life outside of work in the idea of "Feierabend" that literally means breaking away from work at some point say 4.00 pm or 5.00 pm to take a bike ride or walk or do something else. ...

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This in depth report in The Times reveals that after Brexit talks between Lord Frost and Michael Barnier were getting nowhere on December 3 and the EU had increased its demands, Boris Johnson came up with the idea of a direct call between Johnson and Macron of France and Merkel of Germany, with the EU Commission president Leyen present. This was rejected after Macron spoke to Merkel and both decided they should stay united in their demands that Britain agree not to relax environmental or other rules to gain unfair competitive advantage after leaving the EU. The decision by France and Germany not to talk directly with Britain had been made. Leyen at the EU headquarters in Brussels was to convey the decision. Leyen offered to meet Johnson for a dinner discussion in Brussels. Johnson hesitated. He finally accepted knowing that this would show he had done everything possible and would have the support of all his ministers including ones that supported Remaining in the EU. The whole world thought that the EU was making a genuine last effort to get agreement, but this was not the case. During the dinner meeting Leyen just listened and listened, not saying much, as the EU strategy was to convey to the British that it was serious and not going to budge. This is where the situation is today on December 12, 2020. Cabinet ministers say the chances of any agreement before December 31, 2020, the date Britain leaves are just 30%, some even say 20%. Both sides are ratcheting up the pressure. The British have taken steps to increase patrol ships to 4 and the total fleet to 8 ships to patrol its Economic Zone in British waters looking for EU, mostly French fishermen. Britain would keep the French from fishing in its waters.   ...

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How we age is up to us. You are able to do the plank at 70 because you are doing it at age 50. Dr. Norman Lazarus is a professor at Kings College, London, and is 84 years. It is all up to us, what we eat, how we get our exercize and aur work life balance. Dr. Norman Lazarus says about ageing that our appoach to it is totally inadequate and that ageing has not much to do with genetics. If one eats healthy food and exercizes well then many of the diseases we hear about at older age are just lifestyle diseases that one does not have to worry about, even if one gets one of the diseases the recovery will be faster. He says eat well, move a lot and also enjoy yourself. Enjoy yourself to keep cheerful which stimulates the brain. He is the author of "The Lazarus Strategy: How to Age Well and Wisely."  In Lazarus view the last 25 years can be miserable or without disease depending on what we do. Diseases of ageing are not inevitable he says, its rubbish he says and it makes him cry, it is just that it takes 25 years for all that neglect of exercize and not eating healthy to reach a critical point. It is also not that some people are better than others. Lazarus found himself at age 50 putting on weight till he made the decision one day at lunch with his wife.  A a non competitive long distance cyclist Lazarus has done studies which show cyclists over 70 years having the immunity and fat level of 20 year olds. Nothing is written, we have to write it ourselves. ...