Amy Coney Barrett Encourages Open Democracy… That Is, If She Hasn’t Already Impinged With Your Right To Vote – Above the Law

(Image
via
Getty)

Election
nerds
and
high
school
civics
teachers
will
absolutely
delight
in
the
new
PBS
special,

DEADLOCK:
an
election
story
.
And,
frankly,
the
interesting
(if
overly
earnest)
documentary
is
worth
a
watch
for
anyone
looking
to
turn
down
the
highly
partisan
election
rhetoric.
The
special,
hosted
by
UC
Davis
School
of
Law
professor

Aaron
Tang
,
plays
a
game
of
“what
would
you
do”
with
a
political
all-star
panel[1]
roleplaying
how
they’d
handle
an
election
dilemma
in
the
fictional
state
of
Middlevania.

As
Tang
notes,
“The
current
climate
of
American
discourse
finds
us
deeply
entrenched
and
overconfident
in
our
own
beliefs.
DEADLOCK
aims
to
illuminate
how,
for
many
of
the
difficult
challenges
facing
our
nation,
the
honest
answers
are
nuanced
and
complex.
Our
goal
is
to
spark
open-mindedness
and
help
people
find
the
middle
ground
instead
of
retreating
to
our
usual
corners.”

Certainly
a
laudable
goal.
In
furtherance
of
that
bipartisan
tone,
the
show
is
introduced
by
Supreme
Court
justices
Sonia
Sotomayor
and
Amy
Coney
Barrett.
The
pair
highlight
the
similarities
and
differences
in
their
backgrounds,
both
telling
anecdotes
from
their
past
highlighting
their
belief
in
community
and
civic-mindedness.
The
justices
explain
that
they
see
the
program
as
a
way
to
rebuild
trust
in
institutions

something

the
Supreme
Court
is
acutely
interested
in,
one
imagines
.

As
high
minded
as
those
goals
may
be,
the
inclusion
of
the
justices
rings
hollow.
I
was
provided
an
advance
copy
of
the
program
and
watching
Sotomayor
and
Coney
Barrett
trying
to

reclaim
the
veneer
of
neutrality

for
the
Court
just
felt
rich.
Over
the
last
four
years
(and
even
longer
than
that,
if
we’re
being
perfectly
honest)
the
conservative
majority
on
the
Supreme
Court
has
repeatedly
demonstrated
it’s
primarily
interested
in
advancing

partisan
policy
goals
.
The
Court
is
stripping
rights
and
hoping
to

re-make
the
nation

to
their
liking
regardless
of
what

established
precedent
,

norms
,
or
even

public
opinion

says.

Sotomayor
KNOWS
this

that’s
why
she
says

she
cries
over
her
colleagues’
decisions

and
issued
a

dire
warning
for
democracy

in
the
dissent
in
the
Trump
immunity
case.
And,
not
for
nothing,
but
Coney
Barrett’s
plea
on
behalf
of
the
common
good
would
be
a
lot
more
meaningful
if
she
didn’t

use
her
role

on
the
High
Court
to

weaken
voting
rights

and
dilute
the
power
of
Black
voters.

But,
overall,
DEADLOCK
provides
an
interesting
look
at
how
people
sort
through
the
ethical
dilemmas
baked
into
an
election.
It
premieres
nationwide
tonight
Sept.
20,
2024,
9
p.m.
ET
(check
local
listings)
and
streams
on


PBS.org
YouTube and
the 
PBS
app
.




Kathryn Rubino HeadshotKathryn
Rubino
is
a
Senior
Editor
at
Above
the
Law,
host
of

The
Jabot
podcast
,
and
co-host
of

Thinking
Like
A
Lawyer
.
AtL
tipsters
are
the
best,
so
please
connect
with
her.
Feel
free
to
email

her

with
any
tips,
questions,
or
comments
and
follow
her
on
Twitter

@Kathryn1
 or
Mastodon

@[email protected].


[1]

Panelists:
Dr.
Rachel
Bitecofer,
political
strategist;
Adrian
Fontes,
Arizona
secretary
of
state;
Dr.
Eddie
S.
Glaude,
Jr.,
James
S
McDonnell
professor
of
African
American
studies,
Princeton
University;
Katie
Harbath,
CEO,
Anchor
Change
and
former
Facebook
executive;
Astead
Herndon,
national
politics
reporter,
The
New
York
Times
and
host,
The
Run-Up;
Jeh
C.
Johnson,
former
secretary
of
Homeland
Security
and
former
general
counsel,
Department
of
Defense;
Elise
Jordan,
NBC/MSNBC
political
analyst;
Kris
Kobach,
Kansas
attorney
general;
Mick
Mulvaney,
former
U.S.
representative
for
South
Carolina
and
NewsNation
contributor;
Russell
Moore,
editor
in
chief,
Christianity
Today
and
author;
Scott
Pelley,
CBS
60
Minutes
correspondent;
and
Gabriel
Sterling,
COO,
Office
of
the
Georgia
Secretary
of
State

Law School Con Law Class Shows Porn So You Know It When You See It – Above the Law

(Image
via
Getty)

According
to
a
now-deleted
post
on

Reddit
,
a
constitutional
law
course
at
the
West
Virginia
University
College
of
Law
“showed
us
3-4
min
of
hardcore
porn
in
class.”
Presumably
as
part
of
an
unconventional
approach
to
teaching
about
the
Third
Amendment’s
proscription
on
quartering
troops
in
private
homes.

We
reached
out
to
WVU
for
comment
and
they
did
not
respond
one
way
or
the
other,
though
multiple
posters
in
the
ensuing
thread
either
claimed
to
be
in
the
class
and
confirmed
the
story
or
purported
to
be
past
students
and
confirmed
that
this
comports
with
their
experience
in
class.

Screenshot 2024-09-20 at 2.10.34 PM

On
behalf
of
professors
everywhere,
I
am
once
again
encouraging
you
to
read
the
syllabus.
Where
it
says
“Debbie
Does
Blackacre,”
that’s
your
queue
to
gear
up
for
a
wild
ride.

Screenshot 2024-09-20 at 1.50.46 PM

Delivering
a
cold
pizza
might
trigger
the
implied
warranty
of
merchantability
and
that
kid
is
NOT
missing
those
points.

Screenshot 2024-09-20 at 2.08.15 PM

In
fact,
this
is
one
of
the
power
moves
that

forced
a
federal
judge
to
resign
.

But
as
the
response
above
notes,
it
does
seem
as
though
whatever
pedagogical
value
exists
in
regaling
the
class
with
visual
aides
would
be
equally
if
not
better
served
by
showing

Last
Tango
in
Paris

or
something.
Deciding
not
to
show
the
stuff
falling
on
that
side
of
the
border
in
favor
of
someone
riding
a
sybian
(which
one
post
claimed
to
have
been
part
of
the
materials)
is
a
choice
to
be
provocative
for
the
sake
of
provocative
without
adding
much
educationally.

Though,
and
hear
me
out
here,
you
also
don’t
have
to

show

anything.

This
routinely
comes
up
whenever
some
white
libertarian
bro
professor
decides
to

drop
the
n-word
in
class
to
talk
about
free
speech
.
It’s
always
defended
one
of
two
ways
(sometimes
both
at
once).

First,
the
classroom
performance
art
is
described
as
“necessary”
for
students
to
understand
the
underlying
controversy
as
though
every
law
student
in
America
is
breathtakingly
stupid.
As
we
wrote
before:

This
is
the
recurring
theme
of
every
one
of
these
incidents

there’s
never
a
scenario
where
just
saying
“racial
epithets
were
used”
doesn’t
accomplish
every
conceivable
pedagogical
goal
unless
you’re
teaching Intro
To
Correctly
Pronouncing
Slurs
.
And
yet
we
keep
having
these
incidents
where
white
professors
seem
convinced
that
without
their
elegant
recitation
of
these
terms,
law
students
will
be
left
befuddled
as
to
what
could
have
possibly
been
said.
There
is
a
grand
paradox
in
how
these
professors
routinely
manage
to
cast
aspersions
on
the
maturity
of
students
for
needing
events
“sugar-coated”
even
though
it’s
precisely
because
these
are
highly
educated
and
sophisticated
students
that
they
don’t
need
to
a
full
dramatic
reproduction
to
be
able
to
fill
in
these
gaps.

This
goes
for
porn
too.
Every
other
law
school
manages
to
teach
students
how
to
navigate

Jacobellis
v.
Ohio

sufficiently
well
enough
to
pass
a
test
without
having
to
watch

The
Fertile
Octogenarian

(the
most
terrifying

legally
themed
porn
title
).

Second,
they’ll
dial
up
the
toxic
bravado
and
explain
that
lawyers
need
to
be
tough
and
if
any
law
student
who
can’t
take
a
few
slurs

or
in
this
case
a
few…
other
things

they
aren’t
cut
out
for
the
profession.
Which
is
bullshit.
Some
aspiring
ERISA
attorney
isn’t
disqualified
from
the
profession
because
they
don’t
want
to
be
forced
to
experience
the
fact
pattern
of
every
case
they
read
in
law
school.

Seriously,
do
not
make
people
watch
porn.
This
shouldn’t
be
so
difficult.


Earlier
:

Stanford
Joins
List
Of
Law
Schools
With
White
Professors
Using
The
N-Word
In
Class




HeadshotJoe
Patrice
 is
a
senior
editor
at
Above
the
Law
and
co-host
of

Thinking
Like
A
Lawyer
.
Feel
free
to email
any
tips,
questions,
or
comments.
Follow
him
on Twitter or

Bluesky

if
you’re
interested
in
law,
politics,
and
a
healthy
dose
of
college
sports
news.
Joe
also
serves
as
a

Managing
Director
at
RPN
Executive
Search
.

National Sports Stadium overhaul still far from complete as government dithers on fund disbursement

HARARE

The
refurbishment
of
the
National
Sports
Stadium
is
still,
far
from
complete
after
Finance
Minister
Mthuli
Ncube
said
Wednesday
only
US$3,8
million
out
of
a
projected
US$25,4
million
has
been
disbursed
so
far
towards
the
process.

He
was
speaking
in
parliament
after
he
had
been
requested
by
MPs
to
give
an
update
on
the
progress
made
so
far
towards
the
refurbishment
of
the
60,000-seater
sporting
facility
since
the
beginning
of
this
year.

“The
engagements
with
the
Ministry
of
Sports,
Recreation,
Arts
and
Culture
indicated
that
to
date,
only
US$6,75
million
dollars
has
been
contracted,”
Ncube
said.

This,
he
added,
relates
to
infrastructural
development
including
water
reticulation
system,
installation
of
the
security
systems
such
as
CCTV,
access
control
equipment,
as
well
as
ticketing
system.”


“Out
of
this
amount,
the
total
value
of
work
done
and
certified
amounts
to
3,8
million
which
has
since
been
paid
for
in
full,”
said
the
Treasury
boss.

He
said
representations
made
by
the
Local
Government
Ministry
this
year
put
the
total
budget
at
US$25,4
million
towards
the
full
refurbishment
process.

Of
the
amount,
US$17,5
million
would
be
channelled
towards
refurbishment
of
infrastructure,
improvement
in
security
and
access
control
while
US$7,9
million
was
aimed
towards
other
works
such
as
palisade
fencing,
groundworks
and
other
ancillary
works.

Ncube
could
not
commit
to
any
timelines
in
terms
of
funds
disbursement
towards
the
works,
adding,
“There’s
no
predictable
implementation
and
cashflow
plan
with
attendant
milestones
to
effectively
execute
required
works
at
National
Sports
Stadium.”

In
his
2024
national
budget,
the
minister
only
set
aside
US$2,75
million
towards
the
refurbishment
of
the
facility.

Government’s
half-hearted
refurbishment
of
the
sports
facility
would
come
with
a
lot
of
distress
for
many
Zimbabwean
football
fans
who
have
been
deprived
of
their
privilege
to
watch
the
national
teams
in
action
on
home
soil
after
all
stadiums
were
banned
by
CAF
for
failure
to
meet
the
required
standards
to
host
international
matches.

The
Zimbabwe
Warriors
and
local
teams
such
as
Dynamos
and
Ngezi
Platinum
have
hired
sports
facilities
in
countries
such
as
Rwanda,
South
Africa
and
Botswana
to
host
international
matches.

Over half a million students risk missing out on exams after Treasury defaults on $6,4 million BEAM debt

HARARE

More
than
532,000
students
risk
missing
out
on
their
final
examinations
this
year
after
the
government’s
Basic
Education
Assistance
Module
(BEAM)
debt
to
the
Zimbabwe
School
Examinations
Council
(ZIMSEC)
has
ballooned
to
$6,4
million.

The
debt
accrued
is
in
respect
of
2023
and
2024,
Public
Service
Labour
and
Social
Welfare
Minister
July
Moyo
told
parliamentarians
on
Thursday.

BEAM
is
a
scheme
that
was
introduced
by
government
to
assist
some
less
privileged
primary
and
secondary
school
students
with
their
fees.

But
Treasury
has
struggled
to
settle
its
obligations
with
the
national
examinations
body,
falling
behalf
by
a
massive
$6,4
million
in
terms
of
arrears.


Moyo
said
ZIMSEC
was
threatening
to
bar
BEAM
beneficiaries
from
sitting
for
the
crucial
examinations
this
year.

“An
equivalent
of
US$6.4
million
is
owed
to
ZIMSEC
as
exam
fees
for
532,963
Grade
7,
Forms
4
and
Form
6
students.

“Even
now,
I
was
being
asked
by
the
permanent
secretary
to
say
there
are
students
who
definitely
are
not
going
to
write
their
examinations.

“If
we
don’t
give
a
promissory
note
to
ZIMSEC,
they
will
not
be
able
to
write,”
he
said.

Moyo
said
government’s
failure
to
settle
its
arrears
was
drawing
unnecessary
stigmatisation
around
beneficiaries
of
the
scheme.

He
said
BEAM
was
covered
in
the
national
budget
for
this
year
but
disbursement
has
been
elusive.

He
added,
“In
2023,
a
partial
payment
was
made
in
local
currency
totalling
ZW$19.9
billion
to
cover
fees
for
434,705
primary
school
students.

“However,
no
secondary
schools
were
paid.
Schools
that
submitted
claims
in
United
States
dollars
were
not
paid.

“There
are
some
schools
which
submitted
and
say
‘we
were
owed
in
USD,
but
that
we
have
not
paid’.

“As
of
2023,
a
total
of
USD
$56.7
million,
primary
and
secondary
schools,
and
US$83,825
for
special
schools
remains
outstanding.
So
we
have
huge
arrears
in
2023.”

Armed men raid editor’s home after ‘rest in peace’ error in Mnangagwa advert

HARARE

Armed
men
claiming
to
be
law
and
order
police
raided
the
home
of
Daily
News
editor
Guthrie
Munyuki
at
dawn
on
Friday
after
sister
publication
The
Financial
Gazette
made
an
error
in
an
advert
which
suggested
President
Emmerson
Mnangagwa
was
dead.

Munyuki
was
not
home
at
the
time
but
the
gunmen
temporarily
seized
his
wife
and
children’s
phones
and
examined
their
communications,
a
Daily
News
executive
briefed
on
the
raid
said.

“Guthrie’s
brother
also
lives
in
the
same
neighbourhood
in
Westgate
and
he
too
was
woken
up
by
nearly
a
dozen
men
driving
in
a
Toyota
Fortuner
and
a
Toyota
Hilux.
They
demanded
to
know
Guthrie’s
whereabouts,”
the
executive
said,
speaking
on
condition
they
were
not
named.

When
she
left
the
house
on
her
morning
run
in
their
neighbourhood,
Munyuki’s
wife
reported
being
trailed
by
some
of
the
men,
while
others
guarded
the
house.


Lawyer
Alex
Muchadehama
was
due
to
meet
the
police
on
Friday
morning
seeking
clarity
on
the
situation.

The
Financial
Gazette
ran
an
advert
on
Thursday
inserted
by
the
Zimbabwe
Defence
Forces
congratulating
Mnangagwa
on
his
82nd
birthday.

The
advert
concluded:
“May
his
soul
rest
in
eternal
peace.”

Big
howler

the
faulty
birthday
congratulatory
message
that
got
the
editor
into
trouble

On
Friday,
the
Daily
News
published
an
apology
blaming
the
error
on
“lapses
in
the
production
process.”

“We
apologise
profusely
to
President
Mnangagwa,
his
family,
his
office,
the
government
and
the
ZDF
for
the
anguish
and
inconvenience
that
this
inadvertent
mistake
caused,”
the
paper
said.

Advert
mistakes
are
not
uncommon
in
Zimbabwean
newspapers
as
adverts
are
managed
by
advertising
department
staff
who
typically
use
old
templates
for
regular
advertisers,
only
tweaking
the
wording.
Editors
rarely
see
the
adverts
before
publication.

The
timing
could
not
have
come
at
a
worse
time
for
the
publication,
just
days
after
a
military
helicopter
due
to
fly
President
Mnangagwa
from
Masvingo
to
Harare
crashed
while
taking
off
to
go
and
pick
him
up
from
Bikita.

Sources
said
paranoia
among
Mnangagwa
aides
and
loyalists
was
“running
rampant”
so
much
so
he
is
contemplating
skipping
the
annual
United
Nations
General
Assembly
in
New
York.

Mnangagwa skips UN summit amid Zanu PF tensions and safety fears

HARARE

President
Emmerson
Mnangagwa
cancelled
his
trip
to
New
York
this
week
for
the
annual
United
Nations
General
Assembly,
his
spokesman
said
because
of
a
“dense
programme
in
the
last
quarter
of
2024.”

The
unprecedented
development,
the
first
time
Mnangagwa
will
not
address
the
UN
Assembly
since
taking
power
in
2017,
comes
amid
growing
tensions
in
his
Zanu
PF
party
over
extending
his
second
and
final
term,
and
safety
concerns
after
a
string
of
incidents
including
Sunday’s
accident
involving
his
helicopter
in
Masvingo.

George
Charamba
issued
a
statement
shortly
after
midday
on
Friday
announcing
Mnangagwa’s
decision
to
skip
the
summit
following
enquiries
from
ZimLive.

Mnangagwa’s
cancellation
of
the
New
York
trip
must
have
been
“abrupt,”
a
source
said,
because
“a
large
advance
party
of
over
30
people
is
already
in
New
York,
including
state
media
journalists.”


Charamba
said
foreign
minister
Fredrick
Shava
would
read
Mnangagwa’s
speech
at
the
UN.

The
only
time
Mnangagwa
has
not
gone
to
the
annual
summit
since
becoming
president
was
in
2020
and
2021
during
the
Covid-19
health
emergency
which
forced
leaders
to
record
speeches
from
their
countries,
which
were
then
beamed
to
the
assembly.

Earlier
on
Friday,
sources
had
told
ZimLive
that
Mnangagwa,
who
turned
82
last
week,
would
stay
in
the
country
because
paranoia
among
his
aides
and
loyalists
was
“running
rampant.”

Mnangagwa
survived
an
assassination
attempt
when
a
bomb
went
off
at
White
City
Stadium
in
2018,
and
some
in
his
circle
fear
Sunday’s
crash
of
his
helicopter

even
though
he
was
not
onboard

was
no
an
accident.

There
have
been
other
incidents
in
recent
months

a
break-in
at
his
son’s
home,
a
break-in
at
his
nephew’s
government
office,
a
bomb
hoax
at
Victoria
Falls
International
Airport
which
forced
his
plane
to
return
to
Harare
midflight
and
the
presence
of
lasers
near
the
Robert
Gabriel
Mugabe
International
Airport
which
targeted
his
pilots
as
they
prepared
to
land
from
a
trip
to
Mozambique.

This
has
happened
as
Mnangagwa’s
loyalists
publicly
urge
him
to
change
the
constitution
and
extend
his
term
or
run
for
office
again.
The
push
has
divided
the
party
and
angered
supporters
of
his
ambitious
deputy
Constantino
Chiwenga,
seen
by
many
as
Mnangagwa’s
likely
successor
when
his
second
and
final
term
runs
out
in
2028.

Referring
to
the
Zanu
PF
leadership,
an
insider
said:
“It’s
very
hot
in
the
cockpit.
Relations
are
frayed
and
the
mistrust
is
deep.
We
are
fast
approaching
a
national
crisis.”

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Healthcare
leaders
are
finally
starting
to
take
cybersecurity
off
the
back
burner,
with
most
provider
and
payer
organizations

ramping
up

their
spending
in
this
area
in
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of
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Wednesday
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needs
to
be
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culture
of
awareness

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to
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is
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as
strong
as
its
weakest
link,
pointed
out
Andrew
Molosky,
CEO
of
Tampa-based

Chapters
Health
System

as
well
as
its
subsidiary

CareNu
,
which
focuses
on
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care
in
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Medicare
Advantage
space.

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employee
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takes
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to
strike,
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organizations
must
build
a
culture
of
cybersecurity
awareness
among
all
employees,
he
said.

“We
have
clinical
protocols,
financial
protocols
and
technological
protocols
for
all
our
environments.
If
you
have
the
notion
that
for
some
reason
cybersecurity
is
a
task,
or
that
it’s
just
a
department,
or
that
it’s
somebody
else’s
problem

you’re
already
off
to
a
bad
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Molosky
declared.
“When
everybody
wearing
a
name
badge
for
the
organization
in
any
capacity
recognizes
this
as
being
just
as
critical
as
the
procedures
or
as
the
pharmaceuticals
or
as
any
other
component
of
the
medical
delivery,
then
all
of
a
sudden
you
have
an
actual
cultural
awareness.” 

In
order
to
improve
their
defense
posture,
healthcare
organizations
need
to
make
sure
that
all
employees
have
at
least
basic
cybersecurity
training,
he
noted.
In
his
view,
cybersecurity
can’t
be
viewed
as
a
specialized
practice

it
must
be
a
core
consideration
in
the
organization’s
daily
operations.


New
tech
must
be
built
with
a
high
regard
for
cybersecurity

Healthcare
organizations
are
adopting
new
technologies
at
a
rapid
rate

a
report
released
this
week
by
Bain
&
Company
and
KLAS
Research

showed

that
three-quarters
of
the
nation’s
providers
and
payers
say
they
have
increased
their
tech
and
IT
spending
over
the
past
year.

With
all
this
new
technology
also
comes
additional
risks,
noted
John
Mowery,
chief
information
security
officer
at

Houston
Methodist

“We
can’t
manage
the
deluge
of
the
innovation
that’s
coming
in,
nor
the
immaturity
of
the
security
of
those
[tools].
That’s
a
tidal
wave
that
we
can’t
manage,”
he
declared.

As
new
solutions
continue
to
enter
the
market,
the
industry
needs
to
come
together
to
ensure
these
tools
are
being
built
with
a
security-first
mindset,
Mowery
said.

He
also
noted
that
it’s
important
for
hospital
leaders
to
stay
engaged
with
their
innovation
ecosystem
and
try
to
be
aware
of
all
new
technologies
that
are
being
deployed
within
the
organization.

Oftentimes,
a
new
tool
will
be
introduced
in
a
physician
network
or
specialty
group,
and
then
the
hospital’s
cybersecurity
leaders
won’t
find
out
about
it
until
it’s
nearly
installed,
he
said.

“That
creates
challenges
and
risk
for
the
organization,
but
also
it
increases
the
burden
on
us,
because
we
now
have
to
go
figure
out
how
to
remediate
all
of
that
risk,”
Mowery
explained.


Maybe
healthcare
needs
some
more
cybersecurity
leaders
from
outside
the
industry

Healthcare
organizations
looking
to
build
out
their
cybersecurity
programs
should
look
for
leaders
with
a
diversity
of
experience,
recommended
Ben
Schwering,
chief
information
security
officer
at

Premier
.

“A
lot
of
times
when
I
talk
to
healthcare
organizations,
or
I
see
job
postings
for
security
leaders
or
engineers,
I’ll
always
see
‘must
have
10+
years
in
healthcare’
or
‘must
have
25
years
in
healthcare.’
I
don’t
agree
with
that. 
I’d
much
rather
see
someone
with
some
diverse
experience
come
in
because
they
will
look
at
things
in
a
new
way,”
he
explained.

Leaders
who
come
from
outside
the
healthcare
world
will
often
flag
things
that
might
go
unnoticed
by
people
who
have
been
hyper-focused
on
healthcare
for
their
entire
careers,
Schwering
noted.


Photo:
Nick
Fanion,
Breaking
Media